Agenda packet — Livermore City Council, November 14, 2022 (part 3 of 3)

The project would be developed in conformance with Scenic Corridor Policies and minimize views from I-580. In addition, the project would include securing terms and timing of the design and development of off-site trail, sewer infrastructure, and roadway median improvements through a Development Agreement.

The Planning Commission and staff recommend the City Council authorize a change of the site’s General Plan land use designation from Low Intensity Industrial, Service Commercial, and Limited Agriculture to Urban High Residential -Category 3 and Open Space, and adopt a Planned Development Zone that will accommodate housing on the site’s least visible areas . The designation of the site for housing would provide an opportunity to increase the C ity’s overall housing supply and provide accessible open space consistent with the City’s General Plan Goals, Policies and Objectives.

BACKGROUND

On August 5, 1981, the project site was annexed into the City and zoned Planned Unit Development for light industrial uses, limited agriculture and service commercial uses, known as the Springtown Business Complex. Since that time, the site has remained vacant and undeveloped. In 2005, the adjacent site to the north and west was approved for a private high school that has not been constructed. There is an existing Development Agreement an d approved development plan for the high school. Currently, the property owner is not moving forward with the high school project.

On May 13, 2019, the City Council approved concurrent consideration of the General Plan Amendment and the housing development project and all associated entitlements. In addition, the City Council authorized staff to negotiate a Development Agreement to secure the terms and timing of off -site improvements and community amenities. At that same meeting, the City Council also authorized potential payment of in lieu fees for a portion of the required affordable housing units that must be provided as required by the Development Code.

On June 16, 2020, the Planning Commission held a public hearing and adopted Resolutions 18 -20 and 19- 20 recommending the City Council approve the development project, subject to two amending motions and the conditions of approval (see Planning Commission section below and attached meeting minutes).

DISCUSSION

The applicant proposes to amend the General Plan to develop an approximately 35- acre site with residential and open space uses. The project would include 186 attached two- and three-story townhome units clustered within an approximately 12- acre envelope. The proposal includes traditional architectural styles adapted to the townhome product type, grouped in separate buildings on 33 lots. Unit s range in size from approximately 1,200 square feet to approximately 1,900 square feet.

The project also includes recording an open space easement on the remaining 23 acres and securing the terms and timing for constructing on-site and off-site public trails, through a Development Agreement . The proposed off -site trail would provide an I -580 crossing at ATTACHMENT 1
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Las Colinas o verpass for pedestrians and bicyclists going to and from Springtown. The new land use regulations would replace the current designations that permit light industrial, limited agricultural, and service commercial uses on the site (page P -1 of the Development Plans, Attachment 4a).

The proposal includes the following entitlements:

• General Plan Amendment (GPA18- 003) to change the existing General Plan land use designation from Low Intensity Industrial, Service Commercial, and Limited Agriculture to Urban High Residential-Category 3 and Open Space.

• Zoning Map Amendment (ZMA) 20-001 and Planned Development Residential (PD- R) 18-003 to establish new residential development standards and replace existing Planned Unit Development zones that currently allow industrial use on the properties.

• Vesting Tentative Tract Map (VTTM) 8454 (SUB) 18-001 to establish the private street layout, associated public improvements, and lot pattern.

• Site Plan Design Review (SPDR) 18- 003 to ensure the architecture and landscape design of the project complies with the City’s Design Standards and Guidelines.

• Development Agreement (DA) 18- 001 to establish terms and timing for off -site trail sewer, and roadway median improvements and community amenities that would support the change in General Plan and zoning.

The project site is located west of Springtown Boulevard and accessed via Lassen Road, which currently terminates at the project site’s eastern boundary (Attachment 1) . The vacant site is used for grazing and is made up of varied topography and rolling hills .

Elevations range from 520 feet in the southwest corner of the site, to approximately 550 feet along the southern boundary adjacent to I -580, and 610 feet at its highest peak. (The grade of I -580 is approximately 530 feet in elevation). An approximately 300- linear foot reach of the Arroyo Seco flows east to west in the southwest corner of the site. On the north and east of the project site is existing residential development. Located directly to the east of the site is existing commercial development. R angeland is located to the west of the site.

General Plan

The project site is adjacent to and within the City’s North Livermore Urban Growth Boundary and has Low Intensity Industrial, Service Commercial, and Limited A griculture General Plan land use designations.

The Low-Intensity Industrial (LII) designation identifies land uses including manufacturing, warehousing, research and development facilities, and administrative and professional offices. The project site includes three approximately 4- acre LII areas (cumulatively 12 aces) distributed across the site. It also includes an approximately 2- acre Service Commercial parcel on the south side of Lassen Road. Service Commercial (SC) uses ATTACHMENT 1
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include auto oriented uses located in the general vicinity of freeway interchanges, with significant access potential from the community at large. The Limited Agriculture (LDAG) designation applies to those areas suitable to agriculture, viticulture, and grazing and creates a transition between the open, unincorporated areas surrounding the City and the low-density residential areas on its outskirts. Approximately 21 acres of the project site are designated LDAG.

The applicant proposes to change the existing General Plan designations to Urban High Residential-Category 3 (UH -3): (14 -18 dwelling units per acre) and Open Space (OSP).

The UH -3 designation accommodates a range of residential densities and attached housing types including townhouses. UH-3 is found primarily in areas near major ro ads with adequate infrastructure, public services, and amenities to support higher densities. A 12-acre portion of the site would be changed to the UH -3 designation. (P8 of the Development Plans, Attachment 4a). The project density would be 16 units per acre, which is within the UH-3 allowable range.

The remainder of the site, approximately 23 acres, would be designated Open Space and would be encumbered with an open space easement that would ensure it remains open space permanently. The Open Space designation is applied to areas to be maintained as open space because of valuable natural or scenic resources or environmental conditions such as topography, terrain, or habitat value that limit development potential . Th e OSP designation includes parks and trails, creeks and arroyos, or areas of scenic value.

The project site is subject to the City’s Scenic Corridor Polices because the site is within 3,500 feet of the centerline of I-580. According to the Community Character Element of the General Plan (Section IV Scenic Routes, Part C.2. (a) - I- 580 Scenic Corridor Implementation) (p. 4-39), the project site is located in Zone 1 of the Scenic Corridor. The Scenic Corridor grading policies allow a 5 percent alteration to slopes above a grade of 10 percent. The project grades 1.75 acres on slopes above 10 percent , in compliance with General Plan standards, to facilitate the development of buildings and landscaping berms.

In addition, the project site is located within Subarea 3, subpart D, which states: “Section C.2(a) requirements, which limit the percentage of areas of 10- 15 percent slope category which may be altered, shall not apply to public or private primary access roadways” (p.4- 52). Consistent with this requirement, the project grades an additional 1.6 ac res, approximately, for the private roadway network to provide access to the proposed units. (page P-3 of Development Plans; Attachment 4a).

Subarea 3, Subpart D also restricts visible development to the lowest lying ten percent slope at the base of the hill area. The majority of the proposed residential housing development is located in the site’s lowest lying 10 percent slope area adjacent to I -580, near the First Street overpass, in the southeast corner of the site (page P -3 of Development Plans; Attachment 4a).

The project site includes additional areas with less than 10 percent slopes located in the natural saddles between the knolls, at slightly higher elevations, not considered the base of the slope or the lowest lying area of the hillside. Subarea 3, Subpart D of the Scenic Corridor allows for development in these areas by establishing a precise set of view angles at which point development shall not be visible from I -580. These areas and view angles ATTACHMENT 1
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are identified on Figure 4- 7 of the General Plan (Attachment 5). The balance of the proposed housing is concentrated in lower lying areas on the north side of site and follows the natural contours. The project would not be visible from the prescribed vantage points illustrated in the General Plan. (LP -1 through LP-6 of the Development Plans, Attachment 4c). The project is consistent with the City’s Scenic Corridor polic ies and, therefore, does not require a General Plan Scenic Corridor amendment.

If the City Council approves the General Plan Amendment an d rezoning, the site would become a Transferable Development Credit (TDC) receiver site consistent with Livermore Development Code Section 4.020.060. The project proposes to pay the Transferable Development Credit in-lieu fee to comply with the Transferable Development Program and increase in density above the baseline. The project would pay approximately $1.4 million in TDC fees. The TDC fees are used to purchase property and/or secure open space easements in the North Livermore area for permanent preservation of open space.

In addition, the City Council would normally have to allocate residential units to this project through the City’s Housing Implementation Program (HIP). However, due to recent state legislation, the City’s HIP is suspended until 2025. Even without the current suspension of the City’s HIP, there would have been enough TDC units in the HIP to allocate to this project, while still ensuring there are adequate public services and infrastructure to serve the project.

The proposal is consistent with the following General Plan Policies:

• Objective LU-1.1: Locate new development so as to create a consolidated pattern of urbanization, maximizing the use of existing public services and facilities.

Response: The project supports completing an existing neighborhood pattern in proximity to existing residential and commercial uses maximizing the use of existing public streets, services, and facilities. Development is clustered within an approximately 12- acre envelope.

• Objective LU-1.2: Create neighborhoods that include a mix of uses and a range of housing types to meet the needs of all residents.

Response: The project would facilitate a townhome development that is adjacent and proximate to other residential housing types (attached and detached single family residential homes), commercial uses, and civic and open space amenities uses such as the Springtown Library, local trail network, and the Springtown Open Space (formerly the Springtown Golf Course).

• Objective LU -4.2: Ensure new development complements its local context and minimizes impacts on the environment.

Response: The project is compatible with the existing neighborhood context. The project is designed to cluster development near existing utilities and generally utilize the existing physical contours of the site and provide permanent protection of natural open space.

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• Housing Element - Action 1.2.1 - Continue to update and amend the General Plan as needed and appropriate to provide a range of housing types, densities, and affordability levels.

Response: The project includes a General Plan Amendment and Zoning Map Amendments that would provide for a range of housing types, densities, and affordability levels.

• Community Character -1-P.7 - Open space shall be used to protect and enhance local community character and identity, and to guide the physical shape and direction of urban growth to preserve the rural characteristics of the area.

Response: The project clusters urban development near existing streets and services and maximizes the preservation of open space; using the natural characteristics and topography to shape and frame residential development.

• Community Character-1-P.8. New development shall be designed to preserve views from existing neighborhoods to the greatest extent feasible

Response: The project uses the natural contours and setbacks to minimize views from adjacent neighborhoods. Further, the project uses landscape design, native tree plantings, and earthen berms to minimize views from I-580 and the surrounding area.

• Community Character -1-P.13 - The City shall utilize open space easements to preserve sensitive environmental and visual resource areas as open space in perpetuity. Parcels with open space easements recorded on them shall subsequently be redesignated to Open Space (OSP) on the General Plan Land Use Map to ensure that no future urban development is considered on the parcel.

Response: The project would designate 60 percent of the project site as Open Space (OSP) on the General Plan Land Use Map and further secure the property through an open space easement, as required in the conditions of approval.

Zoning

The current zoning designation is Planned Unit Development 105- 80 and 88 -81. The current zoning allows for an assortment of light and medium industrial uses such as research and development, manufacturing and processing. These uses are concentrated to those areas of the site that are designated SC and LII.

The applicant is proposing a Zoning Map Amendment to establish a Planned Development-Residential (PD-R- 18-003) District. Generally, a Planned Development District is intended for development projects that require more flexible development standards that allow the project to address geologic, topographical, and environmental factors in a manner that could not be achieved in a conventional zone. Even with this ATTACHMENT 1
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flexibility, a Planned Development zone must conform to the requirements of the General Plan.

In response to the site’s topography, the Planned Development prescribes precise setback, coverage, height, and building pad maximums for each of the townhome buildings, which eliminates the possibility to expand the townhomes in the future. Further, the Planned Development zone and subdivision map concentrate residential development in the flatter and less prominent locations of the site, in compliance with the Scenic Corridor policies.

The Livermore Development Code (section 3.04.030.J.1) requires Planned Developments to provide a design feature in exchange for variation from the conventional zoning regulations. The C ode considers a design feature as one that exceeds what is otherwise required by Code or by the California Environmental Quality Act and in proportion to the degree of variation. Examples include:

• Preservation of open space
• Parks, trails, and bicycle paths beyond those required under ordinance • Clustering of homes in order to provide greater open space, parks, and trails • Diversification of building sizes and types

The proposed project complies with the Planned Development design feature requirements because it would preserve approximately 23 acres of open space for public use, scenic protection, and habitat conservation through an open space easement. In addition, the project would provide off -site public trail improvements of community -wide significance. (See Development Agreement discussion below). Further, the project’s design clusters the residential homes in order to provide greater open space. Within this 12-acre envelop e are a variety of two - and three- story townhome buildings with diverse architectural styles.

Vesting Tentative Tract Map 8454 (Subdivision SUB18-001)

The project entitlements include a Vesting Tentative Tract Map in conformance with Part 10 of the Livermore Development Code, which regulates the division of land consistent with the Livermore General Plan to facilitate orderly development of the community.

Vesting Tentative Tract Map 8454 merges the two existing parcels , creates seven open space lots, and a 12- acre development envelope that is further subdivided into 33 buildable lots and private streets ( Page C -1 of the Development Plans, Attachment 4 a).

Parcels A, B, and C (approximately 23 acres or 66 percent of the site) remain open space for public use, scenic protection, and habitat conservation. Parcels E, F, and G will remain open space for storm water retention and management and other non- recreational functions. Parcels D and H are dedicated as a park with playground equipment and similar park structures, and community gardens, respectively.

The 33 lots would facilitate development of the proposed 186 townhome units consistent with the UH-3 density range. These lots range in size from 6,400 to 19,975 square feet and ATTACHMENT 1
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would accommodate multiple units in one building. The average lot size is approximately 9,440 square feet. The variability in lot size is in response to the topography as well as the diversity of housing product type. The lot layout and configuration establish building footprint sizes for the different residential product types, enable clustering consistent with the intent of the Planned Developm ent District, and comply with the General Plan Scenic Corridor Polices.

The proposed lot pattern is logically placed along an efficient loop road. Access would be via Lassen Road, a public street. At the project boundary Lassen Road would transition to a private street network that will be improved with curb, gutter and sidewalk in conformance with the City’s Standard Engineering Details (p.ST-2B). The private streets would be maintained by a Homeowners Association. The project requires public utilities including water and sewer , which would be maintained by the City through collected user fees.

The Tract Map also identifies construction of the Arroyo Las Positas Trail, identified as T -6 in the City’s Active Transportation Plan (Attachment 6 ). T-6 would connect to the Lassen Road public right of way and align through the site east to west, parallel to Street A, to the northwestern property boundary (L- 2 of the Development Plans, Attachment 4 a). The trail would continue onto adjacent property and eventually to the Las Colinas overpass where it would provide a safe and comfortable I -580 crossing for bicycles and pedestrians (See Development Agreement discussion, below).

Traffic and Transportation Analysis

A Transportation Impact Assessment (Assessment) was prepared to evaluate the transportation impacts of the project and the capacity of the roadway network and intersections. (Appendix H of the Initial Study, Attachment 9 ). The project is expected to generate approximately 1,139 daily vehicle trips, including approximately 87 morning peak- hour and 102 evening peak-hour trips. According to the Assessment, the project would not decrease the level of service or increase traffic delay at the surrounding intersections below acceptable levels as identified in the General Plan.

In addition, t he Assessment evaluated a project alternative reflecting the existing General Plan land use designations (light industrial/business park uses ) for the site assuming land intensities considered to be reasonably foreseeable. The light industrial alternative is estimated to generate approximately 2,985 daily trips, 354 AM peak hour trips, and 386 PM peak hour trips, which is substantially higher than the project trip generation estimates.

Therefore, the project is also considered less than significant compared to trip generation under the currently permitted land uses.

The existing roadway and intersection configuration between the First Street overpass and Bluebell Drive requires merging and cross lane movements. The current PM peak hour congestion on northbound Springtown between Bluebell and the I -580 interchange is primarily caused by weaving vehicles from the two off -ramps and traffic that turns right onto Bluebell Drive The project would not substantially worsen this situation because project traffic would not need to make the left -to-right weaving movement. In addition, I - 580 cut-through traffic is periodically a factor. The variability of the merging patterns and a ATTACHMENT 1
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sporadic influx in volumes from cut-through traffic through these intersections contributes to a perceived delay.

In the short -term City staff is evaluating and implementing operational changes to the signal timing to improve traffic flow through this intersection complex. In addition, the 2020 Resurfacing Project, CIP 2020- 01 will res urface and restr ipe the First Street overpass adding bicycle improvements to the interchange. In the long -term, the City has plans to widen the First Street o verpass and reconstruct the interchange to include both added vehicle capacity and improved bicycle and pedestrian facilities. Additionally , th rough the project Development Agreement, as an additional project amenity, the Developer has offered to cover 50 percent of the cost of improv ing the existing concrete median along Springtown Boulevard between Bluebell Drive and the First Street overpass, by removing the concrete and planting street trees to help beautify the gateway into Springtown. As previously noted, the developer will also construct Trail T6 to provide an alternative I -580 crossing for bicycles and pedestrians.

Emergency Vehicle Access

The Traffic Impact Assessment evaluates factors such as number of access points, roadway width, and proximity to fire stations to determine whether the project provides sufficient emergency access. The Fire Access Plan shows the turning geometry of a Livermore-Pleasanton Fire Department truck within the project site and confirms that adequate emergency access can be provided. (P-6 of the Development Plans, Attachment 4a).

The Planning Commission recommendation for approval included an amending recommendation to provide an Emergency Vehicle Access in addition to the normal street network access to the site. However, staff is not recommending an Emergency Vehicle Access for the project based upon further clarification and confirmation with Fire Department staff.

The Uniform Fire Code states that projects having up to 200 dwelling units may have a single approved fire apparatus access road when all buildings are equipped throughout with approved automatic sprinkler systems installed . The project w ould consist of 186 attached townhomes, which would be constructed with NFPA 13R sprinkler systems . This sprinkler rating provides full property coverage. In contrast, single family detached home sprinkler systems, are designed to only provide life safety protection and offer less coverage.

Additionally, the site’s surrounding context is grasslands, which would interface with fire breaks in the form of irrigated landscape buffer s, trails , and roadways . Any potential alternate, second access route to the neighborhood would likely follow the adjacent T -6 off-site trail, upgraded to appropriate emergency vehicle standards. Generally, the intent of an emergency vehicle access is to provide safe access for emergency vehicles and an evacuation route away from a hazard like fire and flooding. Using the T -6 trail as a secondary access route would require emergency vehicles and evacuees to pass through the hazard, which is counter to the intent of an Emergency Vehicle Access. The Fire Department has reviewed the proposal and determined the project complies with the City’s ATTACHMENT 1
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fire safety and access standards as currently designed and no Emergency Vehicle Access is required.

Site Plan and Design Review

Site Plan Design Review (S PDR) 18-003 covers the development’s site layout, landscape design, and building architecture. The site plan establishes efficient building orientation harmonious with the existing contours of the site and positioned to efficiently and logically relate to the street, pedestrian walkways, and adjacent buildings. The buildings would be oriented to provide appropriate spacing and positioning to promote pedestrian connectivity, convenient access, and maintain privacy, utilizing streets, alleys, and paseos.

Parking is provided in attached garages consistent with the Livermore Development Code.

The project provides a total of 372 spaces (the total minimum required). In addition, the project includes an additional 60 on-street spaces throughout the private street network (P- 4 of the Development Plans, Attachment 4a).

Landscape Design

Surrounding Open Space would contain the proposed residential development by using existing topography enhanced with berms, agricultural plantings, and native trees. The landscape design screens and frames views from various vantage points. In addition, the landscape design creates an inviting neighborhood with a variety of street, alley, and paseo trees and shrubs, pedestrian nodes, plazas, gardens, and seating areas conducive to recreation and respite.

The project’s proposed berms would screen the development from specific vantage points.

Specifically, a berm would be constructed on a knoll on Lot C. (P -10 of the Development Plans, Attachment 4a). The berm would be approximately 20 feet tall to about an elevation of 600 feet and be designed to blend into the natural hillside context . (P -13 of the Development Plans, Attachment 4a). Ultimately, this knoll would be integrated into the trail network and designed as an overlook with benches and shaded areas. (p L- 2 of the Development Plans, Attachment 4a).

Additionally, a berm would curve through Lot A, between I -580 and the lowest -lying homes, near the First Street overpass . Generally, this berm aligns northwest to southeast and ranges in height from 5 to 20 feet. The berm would screen and soften views of the site from westbound I-580 and would be landscaped with Coastal Live Oak and Valley Oaks to blend with the visual context of the I-580 corridor.

Portions of the surrounding natural open space include orchards and vineyards consistent with the viticulture and agricultural character of Livermore. These areas would be placed under conservation easement and managed by the H omeowner’s Association (HOA). The open space area includes a portion of trail T -6, Arroyo Las Positas Trail (see Development Agreement discussion below), as well as internal loop pathways and promenades , (accessible to the general public) that provide recreational opportunities, scenic viewing, and plaza areas.

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Architecture

The proposed project includes three townhome product types. Within each type is variation of style, color palette, size (ranging from triplex to seven- plex) and height (two and three story) to provide a diversity of design throughout the neighborhood. The architectural intent translates traditional residential styles into a contemporary townhome building form. The project achieves this through appropriate building massing, vertical and horizontal articulation, the use of conventional elements and materials, and neutral color palettes.

The attached Planning Commission staff report provides additional information and analysis on building architecture.

Development Agreement and Affordable Housing

The Livermore Development Code requires additional design features to justify variation from conventional zoning, which may include open space and trails, beyond those typically required by ordinance. Off -site design features are secured and implemented through a Development Agreement. The Development Agreement establishes terms, timing, and a performance schedule for offsite improvements.

The Development Agreement would require the developer to secure right of way, design, and construct segments E1 and E2 of the T -6, Arroyo Las Positas Trail, as identified in the Livermore Active Transportati on Plan ( Attachment 6). The Capital Improvement Program (CIP) identifies the trail p roject as CIP 201945. Further, the trail project has been evaluated under the Active Transportation Pan Initial Study/Mitigated Negative Declaration (Attachment 8). The total project cost is estimated at $2.2 million. The developer would pay approximately $1 million and receive a Park Facility Fee credit of $1.2 million. (The total estimated Park Facility Fee that will be paid by the proposed project is $2.8 million; the City would collect $1.6 million after the credit). Trail T -6 has been identified as a high priority project by the City, the Livermore Area Recreation and Park District (A ttachment 7) and the community. Once completed, the trail segment would close a significant gap in the Livermore trail network and provide a comfortable bicycle and pedestrian crossing over I - 580 via Las Colinas Overpass.

The developer would also complete the Springtown Sewer Trunkline project ( sewer project) in coordination with the trail improvements. The CIP identifies the Sewer Project as CIP 201414. The sewer project replaces an existing 50- year-old, approximately 2,400 linear-foot sewer trunkline between I-580 and Springtown. The Sewer project relocates the sewer away from Arroyo Las Positas and installs a new, corrosion resistant pipe. Sewer replacement funds (Fund 239) would reimburse the Developer for the sewer project.

In addition, the developer would design and construct Springtown Boulevard Median Improvements, which include renovating an exi sting concrete median by installing street trees and landscaping. Under the terms of the Agreement, the Developer would pay approximately $60,000 or half of the project cost. The City would contribute the other half (approximately $60,000) . The median improvements would be consistent with General Plan Climate Action goals to increase the urban forestry canopy to offset greenhouse gas emissions. Additionally, the project would integrate green infrastructure to treat storm water cons istent with the Green Infrastructure Plan. Finally, the improved median would ATTACHMENT 1
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enhance this entryway into the Springtown, consistent with the Design Standards and Guidelines.

Lastly, the Development Agreement memorializes that the developer would enter into an Affordable Housing Agreement with the City consistent with the provisions of the Livermore Development Code section 10.06.050. The project is required to provide 15 percent or 28 affordable housing units. At least 7.5 percent shall be affordable to qualifying low income households and the remaining 7.5 percent are reserved for moderate income households.

The project would construct 14 units, distributed throughout the site, and pay an affordable housing in-lieu fee for the remaining 14 units. On May 13, 2019, the City Council authorized payment of in-lieu fees equivalent to the remaining 14 affordable housing units.

The Affordable Housing Agreement will be subject to future City Council review and approval.

Planning Commission

On June 16, 2020, the Planning Commission recommended the City Council approve the Lassen Road Townhome projec t (see the draft meeting minutes, Attachment 3) . The
Planning Commission approved two amending motions:

1. Addition of a b icycle facility on Lassen Road to improve bicycle connection from Springtown Boulevard to the Arroyo Las Positas Trail. As part of the project , the applicant w ill resurface and restripe Lassen Road and has agreed to include a bicycle facility, subject to the Community Development Director’s approval. This improvement has been added to the project as a condition of approval.

2. Include a S econdary Emergency Vehicle Access. The Planning Commission recommended the project include a secondary emergency vehicle access , evaluating the use of the off -site trail improvements for this purpose. Based on th e information included in the Emergency Vehicle Access section of this staff report, staff is not recommending an Emergency Vehicle Access because the project complies with the Fire Code requirements for access and sprinkler coverage.

Environmental Review

An Initial Study and Mitigated Negative Declaration were prepared for the project in accordance with the California Environmental Quality Act (CEQA) (Attachment 9).

Staff circulated the Initial Study in conformance with CEQA public review requirements and received comments from public agencies and members of the public. Responses to comments have been addressed and incorporated into the Final CEQA document. In response to the comments , staff (and the City’s consultants) modified biological mitigation measures to comply with Department of Fish & Wildlife requirements.

The Initial Study/Mitigated Negative Declaration identifies mitigation for:

• Air Quality: E nsuring construction equipment complies with applicable air quality standards and installation of devices to confirm appropriate indoor air quality ATTACHMENT 1
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• Biological: Requiring pre-construction monitoring and adaption protocols for special status species.

• Cultural Resources: E stablishing buffers around potential pre- historic sites to avoid disturbance to these areas and monitoring protocols for cultural resources during construction.

• Geological: Ensuring compliance with applicable building codes; monitoring for and avoiding any paleontological artifacts during grading activities.

• Hydrological: Requiring compliance with City and regional stormwater requirements for construction and operational activities.

• Land Use: Ensuring proposed buildings meet City standards for noise attenuation.

• Noise: Requiring construction equipment complies with applicable noise standards.

• Transportation: Requiring on-site traffic control devices are installed in conformance with City standards.

In addition, the City has conducted previous environmental analysis for City projects constructed by the Developer pursuant to the terms of the Development Agreement in compliance with CEQA . The Active Transportation Pan Initial Study/Mitigated Negative Declaration evaluated the off -site trail project and no additional analysis is required. (Attachment 8). Similarly, the Springtown Median Improvements would be considered Categorically E xempt from CEQA, under section 15301, which exempts the minor alterations of exiting public faci lities, including existing highways and streets that do not create additional automobile lanes such as the installation of street trees.

The Planning Commission and staff recommend the City Council adopt the Mitigated Negative Declaration and adopt the Mitigation Monitoring and Reporting Program (MMRP) finding that with mitigation incorporated, the project would not have a significant effect on the environment.

PUBLIC COMMENTS

The applicant conducted neighborhood outreach over the course of the application review period. During that outreach, the applicant received neighborhood comments requesting adequate site planning to maintain appropriate distance and views from adjacent neighboring development and property -line fencing to ensure safety of an adjacent childcare facility. The project addresses those comments though design and conditions of approval.

After distribution of Planning Commission Public Hearing Notices, staff received nine comments from members of the community (Attachment 10 ). Five of the comments expressed concerns primarily on traffic and conversion of open space. As discussed in the ATTACHMENT 1
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Initial Study (Attachment 9), the trips generated by the project do not increase delay or decrease capacity beyond the level of service identified in the General Plan. Further, although the site is undeveloped, the General Plan designates the site for industrial uses and limited agricultural uses. The proposed project includes changing a large portion of the site to Open Space, (approximately 23 acres) and encumbering the Open Space area with a conservation easement. Under the new designation and easement, the site would be accessible to the public for passive non-motorized recreation.

Four comment letters were sent to the Planning Commission in support of the development project, citing that additional housing, specifically the townhome product type, is needed within the community. Additionally, these letters supported the trail and open space improvements associated with the project.

Public Comments were also received at the June 16, Planning Commission meeting regarding traffic and access (see Planning Commission discussion above as well as the meeting minutes, Attachment 3).

FISCAL AND ADMINISTRATIVE IMPACTS

The project would generate new property and sales tax . The project would also generate impact fees to fund capital improvements and public facilities.

Emergency Services for the project site would be provided by the General Fund, whereas utilities services (water and wastewater) would be paid through user fees to the appropriate enterprise funds. The project’s roadway, landscape, and open spaces would be accessible to the public, but privately maintained through a Homeowner’s Association.

ATTACHMENTS

1. Location Map

2. Planning Commission Staff Report, dated June 16, 2020

3. Planning Commission Draft Meeting Minutes

4. Development Plans
a. Site Development Plans
b. Architectural Plans
c. Scenic View Angle Analysis

5. Scenic Corridor View Angle Exhibit (Figure 4-7)

6. Active Transportation Plan – T-6 Trails Map

7. LARPD Letter of Support for Trail T-6

8. Memo of Consistency with A ctive Transportation Plan M itigated Negative Declaration

9. Environmental Documents

10. Public Comments

11. Responses to Late Comments

12. Correspondence Received from the Public

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Prepared by:

Andy Ross
Associate Planner

Approved by: Fiscal Review by:

Marc Roberts Douglas Alessio
City Manager Administrative Services Director
ATTACHMENT 1
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Project Site and Offsite Location Map (Conceptual)
This map is based on City of Livermore GIS Information and reflects the most current information at the time of this printing. The map is intended for reference purposes only and the City and its staff is not responsible for errors or omissions.
8,000
Livermore IT, GIS Services
1,333.3
1:NAD_1983_2011_StatePlane_California_III_FIPS_0403_Ft_US Feet1,333.30 Notes666.67
Sprtngtown Blvd Median
Improvements
Trail and Sewer
improvements
Townhome Project Site
ATTACHMENT 2
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PLANNING COMMISSION MINUTES 1 October 4, 2022
DRAFT

PLANNING COMMISSION

REGULAR MEETING MINUTES
October 4, 2022

1. CALL TO ORDER – The meeting of the Planning Commission was called to order by Chairperson Steven Dunbar at 7:00 p.m., via Zoom teleconferencing.

2. ROLL CALL – Present were Chairperson Steven Dunbar, Vice Chairperson Daniel Leary, CM Jacob Anderson, CM Evan Branning, and CM John Stein.

Also present were: Planning Manager Steve Stewart, Senior Assistant City Attorney Kim Cilley, Senior Planner Andy Ross, Senior Civil Engineer Debbie Salgado, Division Clerk Michele Donley
PLEDGE OF ALLEGIANCE – Led by Chairperson Dunbar.

2. CITIZENS FORUM – None.

3. CONSENT CALENDAR
Chairperson Dunbar asked and confirmed there were no public comments. He stated he had corrections to the minutes of May 27, 2022 and May 24, 2022.

3.1 Approval of the May 17, 2022 Planning Commission Meeting Minutes.

Chairperson Dunbar asked for the following corrections:
• Page 8, he explained his experience with buying a home and he added some verbiage to the end of the last sentence.
• Page 8, middle of the page, “He credited things not mentioned in the constraints section which includes the electronics emissions submissions the City has been working on.”
• Page 10, he was ta lking about in -lieu fees and he clarified the language to say, “Sometimes parcels do opt to pay in-lieu fees. The City sometimes allows them to do that because the City has a project in mind that would not be built without those fees such as for special needs.”

3.2 Approval of the May 24, 2022 Planning Commission Meeting Minutes.

Chairperson Dunbar asked for the following corrections:
• Page 7, he “recommended some lockers in lieu of the Livermore Valley Center garage short -term bike parking because he did not think that would be highly used.”
ATTACHMENT 3
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PLANNING COMMISSION MINUTES 2 October 4, 2022
DRAFT

MOTION BY DUNBAR, SECONDED BY ANDERSON, TO APPROVE THE CONSENT CALENDAR, AS AMENDED.

AYES: ANDERSON, BRANNING, DUNBAR, LEARY, STEIN.

NOES: NONE.

ABSENT: NONE.

3.3 Consistency Determination (CD) 22-002; vacation of public sewer easement as part of Chick-fil-A development project.

Recommendation:

Staff recommends the Planning Commission adopt a resolution approving Consistency Determination (CD) 22-002, finding the City’s vacation of a public sewer easement, consistent with Livermore’s 2003-2025 General Plan.

CM Anderson commented after a motion and second was made that he wants to be sure that when Chick fil-A opens they are doing all they can for traffic mitigation.

MOTION BY ANDERSON, SECONDED BY STEIN, TO ADOPT A RESOLUTION APPROVING CONSISTENCY DETERMINATION (CD) 22 -002, FINDING THE CITY’S VACATION OF A PUBLIC SEWER EASEMENT, CONSISTENT WITH LIVERMORE’S 2003 - 2025 GENERAL PLAN.

AYES: ANDERSON, BRANNING, DUNBAR, LEARY, STEIN.

NOES: NONE.

ABSENT: NONE.

4. PROJECT REVIEW – None.

5. PUBLIC HEARINGS

5.1 Hearing to consider a request to amend Development Agreement 18 -001 to revise the performance schedule to accommodate regulatory permitting of the off-site improvements.

Recommendation:

Staff recommends the Planning Commission adopt a resolution recommending the City Council adopt an ordinance amending Development Agreement 18 -001 for the Lassen Road townhome project. The Planning Commission’s action is a recommendation to the City Council.

Senior Planner Andy Ross gave the staff report and overview of the item.

ATTACHMENT 3
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PLANNING COMMISSION MINUTES 3 October 4, 2022
DRAFT

Jon Revells, applicant, West Gate Ventures, thanked staff for working with them over the past year to come to a mutually agreeable solution. They have not stopped working on the project, began the environmental processes, and amending the Development Agreement 18-001 would be very helpful for them.

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

CM Stein had no comments.

CM Branning asked and confirmed with Mr. Ross there will be no differences from the original plan once the project is finished; that it is a timing issue based upon regulatory matters.

CM Anderson confirmed the security deposit will be 125% of the estimated engineer’s estimate of the true cost of construction, and that staff believes this is sufficient.

Vice Chairperson Leary confirmed there is a security deposit which is additive to a traditional bond required for the project, which is for the sewer pipeline, bridge over the creek, and trail . At the time of Final Map, the developer is required to provide an engineer’s cost estimate for review and approval.

Chairperson Dunbar echoed Commissioner’s comments and thinks this is a major connection the City is looking to finish and connect Springtown to Sage and Las Positas College. He asked if there is an estimate for permitting by Fish and Wildlife.

Mr. Ross stated the permit package is being reviewed by staff and estimated to be signed by the City Manager and submitted by the end of the year.

MOTION BY BRANNING, SECONDED BY STEIN, TO FIND THERE IS NO

SIGNIFICANT CHANGE IN SCOPE, AND ADOPT A RESOLUTION RECOMMENDING

THE CITY COUNCIL ADOPT AN ORDINANCE AMENDING DEVELOPMENT AGREEMENT 18-001 FOR THE LASSEN ROAD TOWNHOME PROJECT.

AYES: ANDERSON, BRANNING, DUNBAR, LEARY, STEIN.

NOES: NONE.

ABSENT: NONE.

6. MATTERS FOR CONSIDERATION – None.

7. MATTERS INITIATED BY PLANNING COMMISSION AND STAFF

7.1 Planning Manager Steve Stewart announced there will be a Planning Commission meeting on October 18, 2022.

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PLANNING COMMISSION MINUTES 4 October 4, 2022
DRAFT

7.2 CM Stein asked if there is any information on scheduling of the overpass widening for the Springtown Boulevard Median Improvements and at Vasco Road. Mr.

Stewart stated Vasco Road is in design right now, and Senior Civil Engineer Debbie Salgado said she was not sure of the date but knows Springtown is behind Vasco Road.

7.3 Vice Chairperson Leary reported on his attendance to the APA Conference and described a presentation regarding Environmental Justice as an Element of the General Plan. Mr. Stewart state d the City has the option of incorporating environmental justice policies within each element or as a stand -alone Environmental Justice Element.

7.4 Chairperson Dunbar reported that the trail connecting to the outlets is fixed. There are new bike lanes along Livermore Avenue . He also reported that for the Fil -Am event this weekend there were bikes parked against trees and sign posts next to where the hotel is being built. Bike parking at the Bankhead was not available. As the hotel gets developed, bike parking in that area may be appropriate. Lastly, SB 932 was passed regarding active transportatio n in the General Plan and a requirement to have a timeline to a completion within 25 years.

8. ADJOURNMENT – 7:23 p.m. to the next Regular Planning Commission meeting on Tuesday, October 18, 2022 at 7:00 p.m., Civic Center Meeting Hall, City Council Chambers, 1016 S. Livermore Avenue.

Minutes prepared by:

Lisa Harper Consulting

ATTACHMENT 3
507
RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION FINDING THE ENVIRONMENTAL IMPACTS OF THE FIRST

AMENDMENT TO THE DEVELOPMENT AGREEMENT FOR THE LASSEN ROAD

TOWNHOME PROJECT ARE WITHIN THE SCOPE OF THE INITIAL STUDY AND

MITIGATED NEGATIVE DECLARATION
Development Agreement Amendment (DAA) 21-002
On November 23, 2020, the City Council adopted an Initial Study and Mitigated Negative Declaration for the proposed Lassen Road Townhome Project pursuant to the California Environmental Quality Act (“CEQA”).

On December 7, 2020, the City Council adopted an ordinance authorizing Development Agreement 18-001, for development of 186 residential dwelling units and related site improvements on an approximately 35-acre site consistent with the amended General Plan and Zoning Map.

The City received an application requesting an amendment to Development Agreement 18-001, between the City of Livermore and LD-Fund III Livermore Land, LLC (DAA 21-002) (“Project”).

On October 4, 2022, the Planning Commission held a duly noticed public hearing to consider the Project and staff recommendation, heard public testimony, made the necessary findings, and adopted Planning Commission Resolution No. 22-22 recommending the City Council find the environmental impacts of the Project are within the scope of the Initial Study and Mitigated Negative Declaration and introduce an ordinance approving the Development Agreement Amendment.

On November 14, 2022, the City Council held a duly noticed public hearing to consider the Project, Planning Commission and staff recommendations, and all public comments and testimony, and findings.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that prior to taking action on the Project, and at a properly noticed public hearing, the City Council reviewed written and oral staff reports, conducted a public hearing on the Project and took testimony, and received into the record all pertinent documents related to the Project (collectively, the “Record Evidence”). The City Council’s determination is based on the Record Evidence, which is incorporated into this Resolution by reference.

BE IT FURTHER RESOLVED that the City Council of the City of Livermore, has considered the findings made in Planning Commission Resolution No. 22-22, attached hereto as Exhibit A, and hereby adopts the same findings by this reference and incorporates them as their own findings as part of this resolution. Based upon the City 508
RESOLUTION NO. ________
Council’s own independent review of the Record Evidence and considerations, the City Council finds the environmental impacts of the First Amendment to the Development Agreement are within the scope of the Lassen Road Townhome Project Initial Study and Mitigated Negative Declaration, including the Mitigation Monitoring and Reporting Program, and in accordance with the California Environmental Quality Act.

BE IT FURTHER RESOLVED that the City Council of the City of Livermore directs the Planning Manager to file a Notice of Determination with the Alameda County Clerk, if the Project is approved.

The documents that constitute the record of proceedings upon which this decision is based can be found in the City Clerk’s Office, 1052 S. Livermore Avenue, in Livermore, California. This resolution shall be effective upon adoption by the City Council.

On motion of Council Member _______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on November 14, 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ATTEST: APPROVED AS TO FORM:
___________________________ /s/ Kimberly Cilley
Marie Weber Kimberly Cilley
City Clerk Senior Assistant City Attorney
Exhibit A - Planning Commission Resolution No. 22-22
509

IN THE PLANNING COMMISSION

OF THE CITY OF LIVERMORE

STATE OF CALIFORNIA

A RESOLUTION RECOMMENDING APPROVAL
Development Agreement Amendment (DAA) 21-002
Authorization of an amendment to Development Agreement 18-001, between the City of Livermore and Westgate Ventures to amend the performance schedule of off-site improvements as part of the Lassen Road Development Project located in the northwest quadrant of the 1-580 and First Street interchange On November 23, 2020, the City Council introduced an ordinance authorizing Development Agreement 18-001, for development of 186 residential dwelling units and related site improvements on approximately 35-acre site consistent with the amended General Plan and Zoning Map.

The City received an application for Development Agreement Amendment (DAA) 21-002 requesting an amendment to Development Agreement 18-001, between the City of Livermore and Westgate Ventures.

A Public Hearing Notice was duly mailed to neighboring property owners and published in a newspaper of local circulation.

The Planning Commission held a public hearing on October 4, 2022, considered the staff recommendation for approval, and heard public testimony.

NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Livermore finds based upon the information presented that:

1. The Development Agreement provides benefit to the City.

Basis: The amended Development Agreement secures delivery of an upgraded sewer trunkline, which would ensure conveyance and treatment of wastewater to protect the public health and safety. The amended Development Agreement also includes completion of Trail T-6, identified in the Livermore Active Transportation Plan as a significant gap in the trial network providing a safe and comfortable connection north and south of 1-580. For these reasons, the amended Development Agreement provides benefit to the City

2. The Development Agreement is consistent with the purpose, intent, goals, policies, programs, and land use designation of the General Plan, and applicable Specific Plan and the Livermore Development Code. -1- Resolution No. 22-22

EXHIBIT A
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Basis : The amended Development Agreement upgrades a sewer trunkline, which would ensure conveyance and treatment of wastewater to protect the public health and safety consistent with the purpose, intent, goals, policies, programs, of the General Plan. Further, the amended Development Agreement includes completion of Trail T-6, identified in the Livermore Active Transportation Plan, a significant gap in the trial network. The Trail would provide a safe and comfortable connection north and south of 1-580.

Completion of this trail segment is consistent with the purpose, intent, goals, policies, and programs, of the General Plan and the Active Transportation Plan to improve bicycle and pedestrian circulation and connectivity.

3. The Development Agreement complies with the requirements of the Government Code section 65864 through 65869.5.

Basis: Government Code sections 65864 through 65869.5 establish the State procedures by which a City may enter into a development agreement. The proposed amended Development Agreement has been prepared in accordance with the Livermore Development Code Chapter 9.04, Development Agreements, and all applicable State standards.

4. The project is covered under the Lassen Road Residential Development Project Initial Study/Mitigated Negative Declaration previously adopted by City Council on November 23, 2020 (State Clearinghouse Number 2019099018).

BE IT FURTHER RES OLVED by the Planning Commission of the City of Livermore that, based on staff recommendations, public testimony and the above findings, which are necessary to protect the public health safety and general welfare, the amendment to the Development Agreement 18-001 (DAA 21-002), enclosed hereto as Exhibit A, is recommended to the City Council for approval.

BE IT FURTHER RESOLVED that the Livermore Planning Commission recommends the City Council direct staff to file a Notice of Determination consistent with the provisions of the California Environmental Quality Act finding that the Development Agreement Amendments are within the scope of the previously adopted Mitigated Negative Declaration.

The documents that constitute the record of proceedings upon which this decision is based can be found in the Community Development Department 1052 S. Livermore Avenue, in Livermore, California.

On the motion by Commissioner Branning, seconded by Commissioner Stein, the foregoing Resolution was adopted at the Planning Commission meeting of October 4, 2022, by the following vote:
-2- Resolution No. 22-22

EXHIBIT A
511
AYES:

NOES:

ABSENT:

ANDERSON, BRANNING, DUNBAR, LEARY, STEIN.

NONE.

NONE.
by Steve Stewart, Planning Manager
Secretary to the Planning Commission
Exhibit A - First Amendment to Lassen Road Development Agreement 18-001 -3- Resolution No. 22-22

EXHIBIT A
512
ORDINANCE NO. ___

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

AN ORDINANCE APPROVING A FIRST AMENDMENT TO THE DEVELOPMENT

AGREEMENT WITH LD-FUND III LIVERMORE LAND, LLC FOR THE LASSEN

ROAD TOWNHOME PROJECT
(Development Agreement Amendment 21-002)
THE CITY COUNCIL OF THE CITY OF LIVERMORE DOES ORDAIN AS FOLLOWS:

Section 1. Authority. Pursuant to Government Code Section 65864 et seq., the City Council considers that certain document under City Application No. Development Agreement Amendment (DAA 21-002) and entitled “Development Agreement Amendment for the Lassen Road Townhome Project (“Development Agreement Amendment” or “Project”). The Development Agreement Amendment is attached as Exhibit A.

Section 2. Recommendation. The Planning Commission held a duly noticed public hearing on October 4, 2022, to consider adoption of the Development Agreement Amendment (DAA 21-002) and by its Resolution No. 22-22, attached hereto as Exhibit B, recommended that the City Council approve the Development Agreement Amendment.

Section 3. Public Hearing . Prior to taking action on the Project, and at a properly noticed public hearing, the City Council of the City of Livermore reviewed written and oral staff reports, conducted a public hearing on the Project and took testimony and received into the record all pertinent documents related to the Project (collectively, the “Record Evidence”). The City Council’s determination is based on the Record Evidence, which is incorporated into this ordinance by reference.

Section 4. Environmental Review. The environmental impacts of the Project are within the scope of the Lassen Road Townhome Project Initial Study and Mitigated Negative Declaration adopted by the City Council on November 23, 2020.

Section 5. Consistency. The Project is consistent with the General Plan, any applicable specific plan, and the Livermore Development Code Chapter 9.04.

Section 6. Approval. The City Council has considered the findings made in Planning Commission Resolution No. 22-22, attached hereto as Exhibit B, and hereby adopts the same findings by this reference and incorporates them herein, and based upon the City Council’s own independent review of the Record Evidence and considerations, it hereby approves the First Amendment to the Development Agreement(DAA 21-002).
513
ORDINANCE NO. ___
Section 7. Signing Authority . The City Manager is hereby authorized to sign the First Amendment to the Development Agreement (DAA 21-002), attached hereto as Exhibit A, on behalf of the City of Livermore.

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

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

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

Section 11. Documents. The documents that constitute the record of proceedings upon which this decision is based on can be found in the City Clerk’s Office, 1052 S. Livermore Avenue, Livermore, California.

Section 12. Severability. If any part of this ordinance is declared unconstitutional or invalid by a court, such unconstitutionality or invalidity shall not affect any remaining parts.

The foregoing ordinance was introduced at the meeting of the City Council of the City of Livermore held on November 14, 2022, 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 November 28, 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
________________________________
Mayor, City of Livermore
514
ORDINANCE NO. ___
ATTEST: APPROVED AS TO FORM:
___________________________ /s/ Kimberly Cilley
Marie Weber Kimberly Cilley
City Clerk Senior Assistant City Attorney
Exhibit A – Development Agreement Amendment
Exhibit B – Planning Commission Resolution 22-22
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vii. In addition to, and concurrent with, the bonding required for the Project's Improvements (Sewer, Trail and Median Improvements), the Developer shall post a cash security for the Sewer and Trail Improvements ( collectively the "Cash Security") prior to recordation of the Final Map. The Developer shall provide (1) an Improvement Bond equal to 100% of the estimated cost of the Sewer and Trail Improvements as determined by the engineer's estimate provided by the Developer and approved by the City , plus administrative costs associated with administering the bond, and (2) a Cash Security to secure the timing of Developer's construction of the Sewer and Trail Improvements in accordance with the Improvement milestones in Section 3 below. The amount of the Cash Security shall be equal to 125% of the estimated cost to construct the Sewer and Trail Improvements as determined by the engineer's estimate provided by the Developer and approved by the City. The Cash Security shall be deposited by Developer into an escrow account at a title company acceptable to the City prior to
recordation of the Final Map .
c. In addition to Developer's CEQA obligations in Section 2(a)(iv), Developer shall obtain all necessary approvals from all public agencies for the Sewer and Trail Improvements prior to construction of the Sewer and Trail Improvements. Developer is responsible for paying all costs associated with any environmental mitigation required by the public agencies (including acquiring property for mitigation purposes), for the Sewer and Trail Improvements, except for City's limited reimbursement obligations set forth in Sections 2(b)(iv) and (v).

3. Improvement Milestones: Developer's construction of the Sewer, Trail and Median Improvements shall occur as follows:
a. Developer agrees to use all commercially reasonable efforts and diligently pursue permitting and construction of the Sewer and Trail Improvements including timely responding to all requests for information and payment of fees by the City and the public agencies. In addition, until the completion of the Sewer and Trail Improvements, Developer agrees to meet and confer with City staff on a monthly basis, or any other reasonable time period determined by the City Manager, or his or her designee, to review the status of the applications for the Sewer/Trail Regulatory Approvals, and of the design and construction of the Sewer and Trail Improvements.. If the City determines that the Developer is not using commercially reasonable efforts to obtain the regulatory approvals or to design or construct the Sewer and Trail Improvements, the City can deliver written notice of default to Developer. If the Developer fails to cure the default within thirty (30) days, or, if the default cannot reasonably be cured within 30 days, Developer fails to diligently and continuously seek to cure the default, then the City in its sole discretion may either (i) withdraw from the Cash Security the applicable portion as set forth in Sections 3(b)(iv), 3(c)(ii) or 3(d)(ii), or (ii) withhold the issuance of further building permits until the default is cured.
b. Prior to issuance of a building permit for the 75th unit, Developer shall (i) complete construction of the Median Improvements and (ii) commence construction of the 7 EXHIBIT A
526

EXHIBIT A
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EXHIBIT A
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EXHIBIT A
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EXHIBIT A
531

IN THE PLANNING COMMISSION

OF THE CITY OF LIVERMORE

STATE OF CALIFORNIA

The City received an application for Development Agreement Amendment (DAA) 21-002 requesting an amendment to Development Agreement 18-001, between the City of Livermore and Westgate Ventures.

A Public Hearing Notice was duly mailed to neighboring property owners and published in a newspaper of local circulation.

The Planning Commission held a public hearing on October 4, 2022, considered the staff recommendation for approval, and heard public testimony.

NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Livermore finds based upon the information presented that:

1. The Development Agreement provides benefit to the City.

EXHIBIT B
532
Basis : The amended Development Agreement upgrades a sewer trunkline, which would ensure conveyance and treatment of wastewater to protect the public health and safety consistent with the purpose, intent, goals, policies, programs, of the General Plan. Further, the amended Development Agreement includes completion of Trail T-6, identified in the Livermore Active Transportation Plan, a significant gap in the trial network. The Trail would provide a safe and comfortable connection north and south of 1-580.

3. The Development Agreement complies with the requirements of the Government Code section 65864 through 65869.5.

The documents that constitute the record of proceedings upon which this decision is based can be found in the Community Development Department 1052 S. Livermore Avenue, in Livermore, California.

EXHIBIT B
533
AYES:

NOES:

ABSENT:

ANDERSON, BRANNING, DUNBAR, LEARY, STEIN.

NONE.

NONE.
by Steve Stewart, Planning Manager
Secretary to the Planning Commission
Exhibit A - First Amendment to Lassen Road Development Agreement 18-001 -3- Resolution No. 22-22

EXHIBIT B
534

CITY COUNCIL STAFF REPORT
ITEM NO. 6.2

DATE:

November 14, 2022
TO:

Honorable Mayor and City Council
FROM:

Paul Spence, Community Development Director
SUBJECT:

Resolution authorizing, approving and adopting an amended Permanent Local Housing Allocation (PLHA) program five year plan and authorizing the City Manager to apply for PLHA funds from the State Department of Housing and Community Development for supportive shared housing projects and the Vineyard 2.0 housing resource center.

RECOMMENDED ACTION

Staff recommends the City Council adopt a resolution amending the PLHA Plan for 2019-2023 allocations, which is attached to the resolution as Exhibit A, and authorizing the City Manager, or her designee, to execute the PLHA program application, the PLHA standard agreement and any subsequent amendments or modifications thereto, as well as any other documents which are related to the PLHA program or the PLHA grant awarded to the City of Livermore.

SUMMARY
The Permanent Local Housing Allocation (PLHA) program is a non-competitive block grant program designed to provide direct assistance to communities to increase the local housing stock through a wide range of eligible activities, including the development of rental housing that is affordable to extremely low-income households and assistance to persons who are experiencing homelessness. On November 23, 2020, the City Council approved an application to State HCD for new funding under the PLHA program and approved a five-year plan (the “Plan”) for use of an estimated total of $1,251,240 in grant funds. The activities in the Plan include supporting the Vineyard 2.0 project as well as rehabilitation and expansion of shared housing units serving extremely low-income and special needs populations. Staff recommends amending the Plan to reallocate funds among activities to support the Housing Resource Center at Vineyard 2.0. In order to access PLHA funds, the City Council must adopt a resolution which meets the State’s requirements approving the amended plan (Exhibit A).

DISCUSSION
In 2017, Governor Brown signed the Building Homes and Jobs Act, which established a $75 recording fee on real estate documents to increase the supply of affordable homes in California and designated 70% of the revenue collected for the Permanent Local Housing Allocation (PLHA) program. On August 535
17, 2022, the State of California Department of Housing and Community Development (State HCD) issued a Notice of Funding Availability (NOFA) for the PLHA program utilizing these funds.

PLHA funding is a non-competitive block grant program designed to provide direct assistance to communities to increase the local housing stock through a wide range of eligible activities, including the development of rental housing that is affordable to extremely low-income households and assistance to persons who are experiencing homelessness. Because the number of real estate transactions recorded in each county will vary from year to year, the revenues collected and funds available to local jurisdictions will fluctuate. Each year, State HCD releases a NOFA for the revenue collected in the prior calendar year, and jurisdictions like the City of Livermore, who are entitled to a formula allocation, submit a streamlined application in order to access the funds.

On November 23, 2020, the City Council approved an application to State HCD for new funding under the PLHA program and approved a five-year plan for use of an estimated total of $1,251,240 in grant funds. The activities in the PLHA plan include supporting the Vineyard 2.0 project as well as rehabilitation and expansion of shared housing units serving extremely low-income and special needs populations.

In December 2021, the City of Livermore (City) issued a Request for Proposals (RFP) from qualified owners and operators of residential shared housing sites with supportive services for extremely low- income tenants to undertake projects making major repairs and/or expanding capacity at their properties using awarded PLHA funds. In response to a proposal from Tri-Valley REACH, the City provided a loan that funded interior and exterior updates, home improvements, and major exterior repairs at an existing group home for six extremely low-income tenants with intellectual and/or developmental disabilities.

The Vineyard 2.0 project is a multi-pronged, mixed-use development that will address the many facets of the homelessness crisis in Livermore. In addition to 24 units of permanent housing and a commercial dining and meal preparation site for Open Heart Kitchen, the Vineyard 2.0 Housing Resource Center will provide a homeless services and housing navigation facility with mailboxes, laundry and showers, and seasonal emergency shelter for extremely low-income people experiencing homelessness. The Housing Resource Center will have a full-time housing navigator to help people experiencing homelessness find permanent housing and connect with other supportive services to make their transition successful.

The original plan adopted by City Council in 2020 allocated PLHA funding for construction and rental subsidies related to the 24 units of permanent housing at the project. Since then, the project developer, Housing Consortium of the East Bay (HCEB), has identified more appropriate sources for those costs and the PLHA funds can now be reallocated to other areas of need for the project, such as operating costs for the housing navigation function. Construction is scheduled to be complete in Summer 2023 and staff are currently working with HCEB, Open Heart Kitchen, and other service providers to ensure the necessary staffing, services, and operating agreements are in place, as well as identifying sources that can fund services and staffing at the Housing Resource Center.

Given the few number of proposals received for supportive shared housing rehabilitation and expansion projects and State HCD expenditure deadlines, staff recommends amending the PLHA plan to reallocate additional funds to operating costs for the Vineyard Housing Resource Center. In order to access PLHA funds, the City Council must adopt a resolution which meets the State's requirements approving the amended plan, attached as Exhibit A to the resolution.

536

FISCAL AND ADMINISTRATIVE IMPACTS

Amending the plan will redistribute annual funds between the approved projects. The City was allocated $532,677 in PLHA funds for the first two years of the grant term and estimates that a total of $1,251,240 will be allocated over the five-year planning period. The PLHA program does not require any local matching funds. While cities are allowed to reserve five percent of the annual allocation for administration of the PLHA program, staff recommends all funding be made available for projects, as was the previous direction provided by City Council.

ATTACHMENTS

1. Resolution

2. Exhibit A - PLHA Program Five Year Plan

Prepared by: Grace Streltzov
Management Analyst II

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING, APPROVING AND ADOPTING AN

AMENDED PERMANENT LOCAL HOUSING ALLOCATION (PLHA)

PROGRAM FIVE YEAR PLAN AND AUTHORIZING THE CITY

MANAGER TO APPLY FOR PLHA FUNDS FROM THE STATE

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR

SUPPORTIVE SHARED HOUSING PROJECTS AND THE VINEYARD

2.0 HOUSING RESOURCE CENTER
The State of California Housing and Community Development Department is authorized to provide up to $335 million under the SB 2 Permanent Local Housing Allocation Program Formula Component from the Building Homes and Jobs Trust Fund for assistance to Cities and Counties (as described in Health and Safety Code section 50470 et seq. (Chapter 364, Statutes of 2017 (SB 2)).

On February 26, 2020, the State of California (the “State”), Department of Housing and Community Development (“Department”) issued a Notice of Funding Availability (“NOFA”) under the Permanent Local Housing Allocation (“PLHA”) Program. The City applied and was awarded grant funding in response to that NOFA.

On July 13, 2020, the City Council adopted City Council Resolution No. 2020-112 to approve an application to the Department and adopted a Five Year Plan (“Plan”) authorizing activities for use of the funds. After the City’s application for funding was submitted to the Department, the Department then requested that the Plan reflect the actual years from which funding will be allocated by the Department for funding allocation years 2019 to 2023. On November 23, 2020, the City Council adopted City Council Resolution No. 2020-217 to amend the Plan to change the dates to include funding allocation years 2019 to 2023.

The State Department has issued another NOFA dated August 17, 2022, under the PLHA Program.

The City of Livermore (the “Applicant”) continues to be an eligible local government who has applied for program funds to administer one or more eligible activities, or a Local or Regional Housing Trust Fund to whom an eligible local government delegated its PLHA formula allocation.

The proposed amendments to the Plan are intended to reallocate PLHA funding to other areas of need following subrecipients identification of other more appropriate sources of funding for project costs.

The Department may approve funding allocations for PLHA Program, subject to the terms and conditions of the guidelines, NOFA, Program requirements, the Standard Agreement, and other contracts between the Department and PLHA grant recipients. 538
RESOLUTION NO. ________
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that:

1. It hereby amends, approves, and adopts the amended Five Year PLHA Plan, attached hereto as Exhibit A, to reallocate PLHA funds to operating costs for the Vineyard Housing Resource Center, and authorizes the submission of an application to the Department for PLHA Program grant funds.

2. If Applicant receives a grant of PLHA funds from the Department pursuant to the above referenced PLHA NOFA, it represents and certifies that it will use all such funds in a manner consistent and in compliance with all applicable state and federal statutes, rules, regulations, and laws, including without limitation all rules and laws regarding the PLHA Program, as well as any and all contracts Applicant may have with the Department.

3. Applicant is hereby authorized and directed to receive a PLHA grant, in an amount not to exceed the five year estimate of the PLHA formula allocations, as stated in Appendix C of the current NOFA of approximately $1,251,240 in accordance with all applicable rules and laws.

4. Applicant hereby agrees to use the PLHA funds for eligible activities as approved by the Department and in accordance with all Program requirements, guidelines, other rules and laws, as well as in a manner consistent and in compliance with the Standard Agreement and other contracts between the Applicant and the Department.

5. Pursuant to Section 302(c)(4) of the guidelines, Applicant’s PLHA Plan for the 2019-2023 Allocations is attached to this resolution as Exhibit A, and Applicant hereby adopts this PLHA Plan and certifies compliance with all public notice, public comment, and public hearing requirements in accordance with the guidelines.

6. Applicant certifies that it has or will subgrant some or all of its PLHA funds to another entity or entities. Pursuant to guidelines Section 302(c)(3), “entity” means a housing developer or program operator, but does not mean an administering local government to whom a local government may delegate its PLHA allocation.

7. Applicant certifies that its selection process of these subgrantees was or will be accessible to the public and avoided or shall avoid any conflicts of interest.

8. Pursuant to Applicant’s certification in this resolution, the PLHA funds will be expended only for eligible Activities and consistent with all program requirements.

9. Applicant certifies that, if funds are used for the acquisition, construction or rehabilitation of for-sale housing projects or units within for-sale housing 539
RESOLUTION NO. ________
projects, the grantee shall record a deed restriction against the property that will ensure compliance with one of the requirements stated in guidelines Section 302(c)(6)(A),(B) and (C).

10.Applicant certifies that, if funds are used for the development of an Affordable Rental Housing Development, the local government shall make PLHA assistance in the form of a low-interest, deferred loan to the Sponsor of the Project, and such loan shall be evidenced through a Promissory Note secured by a Deed of Trust and a Regulatory Agreement shall restrict occupancy and rents in accordance with a local government-approved underwriting of the Project for a term of at least 55 years.

11.Applicant shall be subject to the terms and conditions as specified in the Standard Agreement, the PLHA Program guidelines and any other applicable SB 2 guidelines published by the Department.

12.The City Manager, or her designee, is authorized to execute the PLHA Program Application, the PLHA Standard Agreement and any subsequent amendments or modifications thereto, as well as any other documents which are related to the Program or the PLHA grant awarded to Applicant, as the Department may deem appropriate for the City of Livermore to apply for and receive PLHA funds from the Department.

13.This resolution supersedes Resolution No. 2020-217.

On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on November 14, 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Jason Alcala
Marie Weber Jason Alcala
City Clerk City Attorney
Exhibit A – Permanent Local Housing Allocation (PLHA) Program Five Year Plan (Funding Years 2019-2023)
540
Complete the table below for each proposed Affordable Rental Housing Activity to be funded with 2019-2023 PLHA allocations. If a single Activity will be assisting households at more than one level of Area Median Income, please list the Activity as many times as needed to capture all of the AMI levels that will be assisted, but only show the percentage of annual funding allocated to the Activity one time (to avoid double counting).

Funding Allocation Year 2019 2020
§302(c)(4)(C) Provide a description of how the Plan is consistent with the programs set forth in the Local Government’s Housing Element.

The City's current Housing Element includes many programs and goals to diversify and create affordable, rental housing targeted to special needs populations and to lift individuals out of homelessness. The Plan aligns itself with many of the goals outlined in the 2015-2022 State certified Housing Element:

Goal-1, Diversity of Housing Choice, Policy 1.2 – Facilitate the development of range of housing types through area planning efforts and the Development Code. The City has undertaken previous planning efforts to rezone the area to allow for housing and the services as mentioned in the Housing Element.

Goal-2, Well-Managed Growth, Policy 2.1 - Encourage the provision of lower income housing, infill development and mixed-used projects in locations severed by existing infrastructure, particularly transit services. The Vineyard 2.0 project will offer mixed-use housing with a neighborhood-serving facility that is accessible to transit nearby.

Goal-3, Production of Affordable Housing, Policy 3.2 - Actively pursue and utilize variety of funding resource and public/private partnerships in the development or purchase of housing affordable to lower and moderate income households; Policy 3.3 - Provide housing assistance to lower and moderate income households and other households with special needs. In addition to supporting the project through entitlement, the City is actively seeking funding for the Vineyard project. The City has also supported the acquisition and development of several shared housing projects targeted to persons with special needs.

Goal-6, Regional Cooperation to Address Housing Needs, Policy 6.1 - Foster regional cooperation and partnerships to address regional housing issues related to affordability, homelessness, and special housing needs. The Vineyard 2.0 development is a collaboration with other local and regional funders (City of Pleasanton, City of Dublin, and Alameda County), and non-profit organizations, including Open Heart Kitchen, and Housing Consortium of the East Bay.

Activities Detail (Activities Detail (Must Make a Selection on Formula Allocation Application worksheet under Eligible Activities, §301)) §301(a)(1) The predevelopment, development, acquisition, rehabilitation, and preservation of multifamily, residential live-work, rental housing that is affordable to extremely low-,very low-, low-, or moderate-income households, including necessary Operating subsidies.
§302(c)(4)(E)(i) Provide a detailed and complete description of how allocated funds will be used for each proposed Affordable Rental Housing Activity.

In the first two years of the Plan, PLHA funds will go to Supportive Housing Rehabilitation and Expansion Program. The first two years of PLHA funds would be directed to establish a rehabilitation and expansion program that could be offered to existing non-profit property owners. The Program will support the major replacements of major systems or upgrade of shared residential homes throughout Livermore for extremely low-income residents (30% of Area Median Income and below), many of whom have developmental or mental health related disabilities. After many years of operation, the homes require the replacement of major systems or upgrade, but due to low rents, the properties typically lack the financial reserves needed to plan for and address much more than regular annual repairs. Staff has received inquiries from non-profit property owners about the need for financial assistance to make major repairs and/or to expand capacity with additional bedrooms or Accessory Dwelling Units to address long waitlists for housing. §302(c)(4) Plan Rev. 5/7/21
§302(c)(4)(A) Describe the manner in which allocated funds will be used for eligible activities.

Funding from years 1 & 2 will be used to establish a rehabilitation and expansion program that would be offered to existing non-profit property owners of shared housing. As proposed, this funding would be limited term (only available during the first two years of the PLHA grant). In the past, the City has supported the acquisition and development of shared residential homes throughout Livermore for extremely low-income residents, many of whom have developmental or mental health related disabilities. After many years of operation, the homes require the replacement of major systems or upgrades. Staff has received inquiries from non-profit property owners about the need for financial assistance to make major repairs and/or to expand capacity with additional bedrooms or Accessory Dwelling Units to address long waitlists for housing.

The Vineyard 2.0 Project is a multi-pronged, mixed-use development that will address the many facets of the homeless crisis in Livermore. The project will include: a winter emergency shelter, a homeless services and housing navigation facility with mailboxes, laundry and showers, housing navigation/placement services, a commercial dining and meal preparation site for Open Heart Kitchen, and 24 permanent, supportive units for extremely low-income, homeless households. The proposed five-year plan would support the Vineyard 2.0 project by providing funding to key areas of need. This includes operating costs for the housing navigation center and emergency shelter and support for a housing navigator position or other staffing support. Staff proposes to allocate PLHA funds in years 1, 3, 4, and 5 for the shelter operator, Housing Consortium of the East Bay (HCEB), to operate the navigation center and emergency shelter at Vineyard 2.0 and to staff a full- time housing navigator to assist homeless individuals in finding permanent housing. This position will involve staff working to connect homeless individuals with supportive services to make the transition to permanent housing successful. This additional housing locator support would be tied to the shelter/facilities component of the project and would reduce the case load burden on local homeless services agencies.
§302(c)(4)(B) Provide a description of the way the Local government will prioritize investments that increase the supply of housing for households with incomes at or below 60 percent of Area Median Income (AMI).

The Vineyard project is targeted to households at or below 30% AMI. The City’s existing Regulatory Agreement with HCEB restricts the project to serve 50% of AMI households and below who are experiencing homelessness.

Existing supportive housing projects which have received funding from the City for acquisition are all targeted to households at 50% of AMI and below. The City restricts rents through Regulatory Agreements recorded on each property. In future Request for Proposals to solicit use of the Rehabilitation/Expansion program funds, the City will ensure that funds are prioritized for persons that are 50% of AMI and below.
§302(c)(4)(E)(ii) Area Median
Income Level Served 30% 30%
§302(c)(4)(E)(i) Percentage of
Funds Allocated for the
Proposed Affordable Rental
Housing Activity

45.0% 100.0%
116
§302(c)(4)(E)(ii) Projected
Number of Households Served 6 20
TOTAL
§302(c)(4)(E)(ii) Unmet share of
the RHNA at the AMI Level
Note: complete for year 2019
& 2020 only
58 58
55 Years 55 Years 55 Years 55 Years 55 Years 55 Years
26 §302(c)(4)(E)(iv) Period of
Affordability for the Proposed
Affordable Rental Housing
Activity (55 years required for
rental housing projects)
55 Years 55 Years 55 Years 55 Years 55 Years 55 Years 55 Years 55 Years City of Livermore Permanent Local Housing Allocation (PLHA) Program Five-Year Plan

EXHIBIT A
541

EXHIBIT A
§302(c)(4)(E)(iii) A description of major steps/actions and a proposed schedule for the implementation and completion of the Activity.

Housing Rehabilitation and Expansion Program: City approval of the program guidelines and solicitation for proposals occured in Winter 2021, with an award to projects in early 2022 and 2023.

Contracts with recipients and completion of rehabilitation and expansion projects would continue on a continuous basis through June 2023. §301(a)(2) The predevelopment, development, acquisition, rehabilitation, and preservation of Affordable rental and ownership housing, including Accessory Dwelling Units (ADUs), that meets the needs of a growing workforce earning up to 120 percent of AMI, or 150 percent of AMI in high-cost areas. ADUs shall be available for occupancy for a term of no less than 30 days. §301(a)(3) Matching portions of funds placed into Local or Regional Housing Trust Funds. §301(a)(4) Matching portions of funds available through the Low- and Moderate-Income Housing Asset Fund pursuant to subdivision (d) of HSC Section 34176. §301(a)(5) Capitalized Reserves for Services connected to the preservation and creation of new permanent supportive housing. §301(a)(6) Assisting persons who are experiencing or At risk of homelessness, including, but not limited to, providing rapid rehousing, rental assistance, supportive/case management services that allow people to obtain and retain housing, operating and capital costs for navigation centers and emergency shelters, and the new construction, rehabilitation, and preservation of permanent and transitional housing. §302(c)(4)(E)(i) Provide a detailed and complete description of how allocated funds will be used for the proposed Activity.

Housing Navigation Costs and Staffing: In Year 1 as well as Years 3-5 of the PLHA plan, funds are budgeted for the Vineyard 2.0 shelter operator (HCEB or a subcontracting agency) to operate the housing navigation center and emergency shelter and to staff a full-time housing navigator to assist homeless individuals to find transitional or permanent housing. This position includes connecting the individual with other supportive services to make their transition successful. Cost estimates for the position will be based on typical salary for similar positions, with standard cost of living escalators.

Type of Activity for Persons
Experiencing or At Risk of
Homelessness
Navigation
Center
Operating
Navigation
Center
Operating
Navigation
Center
Operating
Navigation
Center
Operating
Complete the table below for each proposed Activity to be funded with 2019-2023 PLHA allocations. If a single Activity will be assisting households at more than one level of Area Median Income, please list the Activity as many times as needed to capture all of the AMI levels that will be assisted, but only show the percentage of annual funding allocated to the Activity one time (to avoid double counting).

Funding Allocation Year 2019 2021 2022 2023
§302(c)(4)(E)(ii) Area Median
Income Level Served 30% 30% 30% 30%
§302(c)(4)(E)(i) Percentage of
Funds Allocated for the
Proposed Activity

55.00% 100.00% 100.00% 100.00%
2798
§302(c)(4)(E)(ii) Projected
Number of Households Served 100 100 100 100
TOTAL
§302(c)(4)(E)(ii) Unmet share of
the RHNA at AMI Level
Note: complete for year 2019
& 2020 only
711 711 688 688
§302(c)(4)(E)(iii) A description of major steps/actions and a proposed schedule for the implementation and completion of the Activity.

The Vineyard 2.0 project is currently under construction and estimated to complete in Summer 2022. Once the project is complete, the City will contract with the project developer, HCEB, to operate the navigation center and to create the new housing navigator position. If HCEB is unable to act as the shelter operator, the City will issue a solicitation subject to Guideline Section 302(c)(3), to select an agency to act as the shelter operator.The shelter operator will be the entity to receive the funds and employ the future housing navigator. §301(a)(7) Accessibility modifications in Lower-income Owner-occupied housing. 400
§302(c)(4)(E)(iv) Period of
Affordability for the Proposed
Activity (55 years required for
rental housing projects)
55 55 55 55
§301(a)(8) Efforts to acquire and rehabilitate foreclosed or vacant homes and apartments. §301(a)(9) Homeownership opportunities, including, but not limited to, down payment assistance. §301(a)(10) Fiscal incentives made by a county to a city within the county to incentivize approval of one or more affordable housing Projects, or matching funds invested by a county in an affordable housing development Project in a city within the county, provided that the city has made an equal or greater investment in the Project. The county fiscal incentives shall be in the form of a grant or low-interest loan to an affordable housing Project. Matching funds investments by both the county and the city also shall be a grant or low-interest deferred loan to the affordable housing Project.

EXHIBIT A
542

CITY COUNCIL STAFF REPORT
ITEM NO. 6.3

DATE:

November 14, 2022
TO:

Honorable Mayor and City Council
FROM:

Paul Spence, Community Development Director
SUBJECT:

Hearing to consider amending the Livermore Development Code regarding temporary signs, including Section 4.06.140, to update regulations relating commercial and non- commercial temporary signs in all zoning districts.

RECOMMENDED ACTION

a) Based on City Council direction, staff recommends the City Council waive the first reading and introduce an ordinance
approving Development Code Amendment 22-003, Temporary Signs, to update sections relating to the location, time of day, and number of days for commercial and non- commercial temporary signs in all zoning districts.

b) As an alternative to the Development Code Amendment requested by the City Council, the Mayor recommends the City Council waive the first reading and introduce an ordinance
to prohibit the
placement of all temporary signs in the public right-of-way in commercial, industrial, and residential zoning districts.

SUMMARY
Council Direction:

The City Council and staff have received complaints that campaign signs were being vandalized, stolen, installed inconsistent with the City’s existing sign regulations and that components of the signs are littering the cityscape. On October 24, 2022, the City Council discussed the matter and directed staff to return with the development code amendments for temporary signs previously recommended for approval in 2020 by the Planning Commission. On that date, the City Council reaffirmed the 60 day time period for the display of noncommercial temporary signs in the public right-of-way, but directed staff to clarify how the date of an event is determined for the display of a noncommercial temporary sign in the public right-of-way. Lastly, on that date the City Council reaffirmed that temporary signs placed in the public right-of-way in violation of the ordinance are subject to removal and confiscation. 543

Relevant amendments previously recommended to the City Council by the Planning Commission include the following regulations:

Restrict the placement of commercial and non-commercial temporary signs in the right-of-way to daylight hours between 9:00 a.m. and 5:00 p.m. Signs could only be placed after 9:00 a.m. and would need to be removed before 5:00 p.m. each day.

Signs must relate to an event scheduled for a specific date and shall not be displayed sooner than 30 days before that event.

On July 27, 2020, the City Council considered the recommendation from the Planning Commission, directed revisions, and subsequently adopted Ordinance No. 2099 on August 24, 2020. The Council removed the restriction on displaying temporary signs to certain hours of the day, and set the duration of display to 60 days before an event. Attachment 1 is the July 27, 2020 staff report.

Staff recommends the City Council introduce an ordinance establishing the daily limitations on displaying commercial and non-commercial signs in the right-of-way previously recommended by the Planning Commission. Staff is also clarifying that the event date would be the actual election date for an election event, or the opening day for other events. The Amendment is intended to support and provide for free speech in the community through temporary signs while addressing concerns with vandalism, theft, aesthetics and public safety.

Mayor Alternative:

The City Council directed staff to amend the Development Code to prohibit the placement of temporary signs on the public right-of-way to the hours of 9:00 a.m. to 5:00 p.m. in commercial, industrial, and residential zoning districts.

As Mayor, I recommend the City Council consider an alternative amendment to the Development Code to prohibit the placement of all temporary signs in the public right-of-way in commercial, industrial, and residential zoning districts.

DISCUSSION
Council Direction:

Staff is recommending Development Code amendments to address the challenges associated with the display of temporary signs (Attachment 2). The Development Code includes the following provisions addressing commercial and noncommercial signs in commercial and industrial zones other than the Downtown Specific Plan, and residential zoning districts:

Noncommercial temporary signs are currently permitted in the designated public right-of-way, but not in the street, street median, or sidewalk, subject to the following:

a
.

The signs must relate to an event scheduled for a specific date and shall not be displayed sooner than 60 days before that event;
b
.

Signs must be stake signs with a maximum size of four square feet; c
.

No two signs with the same copy shall be placed closer than 50 feet from each other per street 544
frontage;
d
.

Corner properties may have two of the same sign at the corner; and, e
.

All noncommercial temporary signs shall be removed within five days after the event to which they pertain.

The size and placement restrictions listed above and already in the Development Code would be preserved with the following key additional requirement:

Restrict the placement of commercial and non-commercial temporary signs in the public right-of- way to daylight hours between 9:00 a.m. and 5:00 p.m. in all designated zones.

This approach allows signs to be displayed during the most active times of the day and increases responsibility for those wishing to display temporary signs. Removing signs during nighttime hours would significantly reduce vandalism and theft.

Temporary sign regulations in the Downtown Specific Plan area will not be changed by the proposed amendment. In the Downtown Specific Plan only, commercial and non-commercial temporary signs would remain prohibited in the designated public right-of-way with the exception of A-frame signs.

Regarding determining the date of an event, staff is recommending that, for events like an election the event date for the purposes of the ordinance is the actual election date and not the voting period for the run-up to the election, and for multi-day events like a county fair the event date is the first day the fair opens to the public.

Any commercial or noncommercial temporary sign placed in the public right-of-way or public property in violation of these provisions would be subject to removal by the City. Current enforcement practice is to make every attempt to notify identified contacts, if any, and/or property owners of improperly placed signs, allow 24 hours to correct violations, and retrieve removed signs. If this amendment is approved, Neighborhood Preservation staff will develop enforcement protocols to remove and confiscate signs violating the provisions.

The proposed Development Code amendment is exempt from review under the California Environmental Quality Act (CEQA) under Section 15061(b)(3) - the activity is covered by the common sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment.

FISCAL AND ADMINISTRATIVE IMPACTS

There are no direct initial costs other than printing new public information flyers. The revised flyers would continue to describe prohibited locations and how to install signs properly. Neighborhood Preservation staff currently spends significant time policing the public right-of-way for sign violations. Staff may need to adjust shift start and stop times for Neighborhood Preservation employees during certain periods in order to enforce the time limits. This Code amendment will also initially require additional staff time to explain and enforce the new standards.

Mayor Alternative:

At the regular City Council meeting on October 24, 2022, I joined a majority of the City Council that 545
directed staff prepare amendments to the temporary sign ordinance to restrict the placement of temporary signs on the public right-of-way to the hours of 9:00 a.m. to 5:00 p.m. in commercial, industrial, and residential zoning districts. However, I believe a better course of action is to prohibit the placement of all temporary signs in the public right-of-way for those zoning districts.

I believe a blanket prohibition against the placement of all temporary signs in the public right-of-way in commercial, industrial, and residential zoning districts is a better course of action because it is simpler in concept and more straightforward to enforce. This approach is also consistent with the legal advice we received at the regular meeting on October 24, 2022, that it is best for the regulations to be content neutral. I recommend the City Council discuss my proposal at the meeting on November 14, 2022, and introduce the ordinance I have proposed.

FISCAL AND ADMINISTRATIVE IMPACTS

There are no fiscal or administrative impacts associated with this item.

ATTACHMENTS

1. July 27 2020 Staff Report

2. Council Direction LDC - Redline Edits

3. Council Direction Ordinance, DCA 22-003

4. Mayor Alternative LDC - Redline Edits

5. Mayor Alternative Ordinance, DCA 22-003

Prepared by: Steve Stewart
Planning Manager

Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
546
CITY COUNCIL STAFF REPORT ITEM 5.01
DATE: July 27, 2020
TO: Honorable Mayor and City Council
FROM: Paul Spence, Community Development Director
SUBJECT: Development Code Amendment 20-003, Temporary Signs

RECOMMENDED ACTION
S
taff recommends the City Council introduce an ordinance approving Development Code Amendment 20-003, Temporary Signs.

SUMMARY
I
n January and February 2020, the City Council received several complaints that campaign signs were being vandalized, stolen, and installed inconsistent with the City’s existing regulations for commercial and non-commercial temporary signs. On March 9, 2020, the City Council directed staff to develop options for an ordinance to limit the placement of campaign signs in the public right of way.

Staff reviewed several approaches to regulating temporary signs to avoid potential theft or vandalism including: prohibiting temporary signs in the public right-of-way; limiting the placement of temporary signs to certain hours of the day; and limiting the placement of temporary signs to a specific time in advance of an event. The options and staff recommendation are discussed below.

DISCUSSION
F
irst Amendment jurisprudence recognizes a distinction between commercial and noncommercial speech, and that governmental officials must place a message into one or the other category for the purposes of regulation. While the First Amendment protects both commercial and noncommercial speech, it affords noncommercial speech a greater degree of protection. Therefore, care must be taken when crafting a sign ordinance to avoid imposing greater restrictions on noncommercial signs in favor of commercial signs.

The proposed amendments respect that jurisprudence and are intended to further the City’s existing interests for sign regulations and its new interests to add additional 223
ATTACHMENT 1
547

Page 2 ends

requirements to help address the vandalism and theft of signs, which primarily occurs at night, while preserving the opportunity to place signs in the designated public right-of- way.

The Livermore Development Code (LDC) in Section 4.06.140 regulates commercial and non-commercial temporary signs. Commercial temporary signs are sponsored by a commercial entity with prevailing messages that propose a commercial transaction (real estate leasing and selling activities, temporary retail sales or “now opening” signs). Non- commercial temporary signs provide commentary or advocacy on topics of public debate or concern. Political or campaign signs are non-commercial temporary signs.

Non-commercial temporary signs are currently and will continue to be allowed on private property in all zoning districts. Non-commercial and commercial signs are generally not allowed on any public property except in the public right-of-way as explained below.

Currently non-commercial temporary signs may be placed in the public right-of-way. The public right-of-way includes the street and an area about ten feet wide behind the curb.

These signs are typically located adjacent to sidewalks in landscaped areas but are prohibited on street medians, sidewalks or streets, traffic signals, streetlight poles, and utility poles. In addition, temporary signs are prohibited within school sites, parks and other public property and have minimum spacing requirements (see Attachments 1 and 3 for existing temporary sign regulations). Commercial and non-commercial A-frame signs are also permitted in the public right of way in the Downtown area per the requirements of the Downtown Specific Plan.

Staff is recommending Development Code amendments to address the challenge of allowing temporary signs and addressing vandalism and the ft. The size and placement restrictions in the existing ordinance summarized above would generally be preserved with the following key additional requirements (see Attachment 2 – redline version of Code changes):

x Restrict the placement of commercial and non-commercial temporary signs in the right-of-way to daylight hours between 9:00 a.m. and 5:00 p.m. Signs could only be placed after 9:00 a.m. and would need to be removed before 5:00 p.m. each day.

x Signs must relate to an event scheduled for a specific date and shall not be displayed sooner than 90 days before that event. Signs must still be removed within five days following the associated event.

x Stake signs shall be constructed of paper or plastic mounted on a wood or metal stick that is pushed or hammered into the ground, and signs shall be no taller than 36 inches above the ground.

224
ATTACHMENT 1
548
P
age 3
x In the Downtown Specific Plan (DSP) area only, commercial and non-commercial temporary signs are not permitted in the designated public right-of-way with the exception of A-frame signs. A-frame signs must be:
o No larger than 30 inches wide by 48 inches tall,
o Displayed only between 9 a.m. to 7 p.m.,
o Located within five feet of a front building entrance of commercial uses, o Allow for adequate ADA and public access on the sidewalk, and o Subject to DSP Chapter 6 design standards, including standards for portable signs.
x Any commercial or noncommercial temporary sign placed in the public right-of-way or public property in violation of this section would be subject to removal by the City. If this amendment is approved, Neighborhood Preservation staff will develop enforcement protocols for the removal and storage of those signs, as well as for their retrieval and possible destruction if not retrieved.

This approach allows signs to be displayed during the most active times of the day.

Removing signs during nighttime hours would significantly reduce vandalism and theft.

Additionally, this approach requires increased responsibility for those wishing to display temporary signs within the public right-of-way.

Less significant temporary sign Development Code changes are also proposed for formatting and internal consistency (see Attachment 2).

T
he proposed Development Code amendment is exempt from review under the California Environmental Quality Act (CEQA) under Section 15061(b)(3) - the activity is covered by the common sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment.

PLANNING COMMISSION RECOMMENDATION
T
he Planning Commission held a public hearing on the proposed project at its meeting of July 7, 2020. The Planning Commission expressed concern regarding the time of day limitations (i.e. 9 a.m. to 5 p.m.) for temporary signs. Such limitations could create an undue burden on persons wishing to display temporary signs. They were generally in agreement with limiting temporary signs to a specified time period prior to an event, but some thought 90 days may be too long.

The Planning Commission voted 2-1 (two Commissioners were absent) to recommend denial of the Development Code amendment as proposed. The Commission did, however, recommend on a 2-1 vote that the City Council consider allowing non- commercial and commercial temporary signs only up to 30 days before a scheduled event, instead of the 90 days that staff is recommending. See Attachments 4, 5 and 6 for the Planning Commission staff report, draft minutes and resolution. 225
ATTACHMENT 1
549

Page 4 ends

FISCAL AND ADMINISTRATIVE IMPACTS
There are no direct initial costs other than printing new public information flyers.

Neighborhood Preservation staff currently spends significant time policing the public right-of-way for sign violations. This Code amendment will initially require additional staff time to explain and enforce the new standards. The proposed Code amendments would better describe a violation and allow City staff to develop enforcement protocols for the removal, storage and retrieval of those signs.

ATTACHMENTS

1. Current Livermore Development Code Section 4.06.140

2. Redline Edits of Livermore Development Code

3. City’s Existing Public Information Political Campaign Flyer

4. Planning Commission Staff Report July 7, 2020

5. Planning Commission Draft Meeting Minutes July 7, 2020

6. Planning Commission Resolution
Prepared by:

Susan Frost,
Special Projects Coordinator
Approved by: Fiscal Review by:

Marc Roberts Douglas Alessio
City Manager Administrative Services Director
226
ATTACHMENT 1 550
Civil Code Section 713

4.06.060 Signs on Public Property
ATTACHMENT 1
227
ATTACHMENT 1 551

4.06.070 Measurement of Sign Area and Height
ATTACHMENT 1
228
ATTACHMENT 1 552

4.06.130 Master Sign Program

4.06.140 T emporary Signs
ATTACHMENT 1
229
ATTACHMENT 1 553
Civil Code Section 713
ATTACHMENT 1
230
ATTACHMENT 1 554

4.06.150 Transect Zones (T4 Neighborhood-Open, T4 Main Street-Open, T4 Main Street) ATTACHMENT 1
231
ATTACHMENT 1 555
1 Livermore Development Code

4.06.060 Signs on Public Property and in the Designated Public Right-of-Way No signs are allowed on public property or in the designated public right-of-way, except for the following:

A. A public sign erected by or on behalf of the City or other public entity to post legal notices, identify public property, convey public information, or direct or regulate pedestrian or vehicular traffic.

B. An informational sign of a public utility or transit company regarding its poles, lines, pipes, facilities, or routes.

C. An emergency warning sign erected by the City or other public entity, a public utility company, or contractor doing authorized or permitted work on public property.

D. A cCommercial and noncommercial temporary signs in a residential zoning district as authorized under that satisfy the requirements in Section 4.06.140.B (Temporary Signs in Residential Zoning Districts).

E. Signs constructed by the City to direct persons to specific districts, regions, or public facilities.

F. A single banner sign over Fourth Street between South J Street and South K Street and over North Livermore Avenue between Chestnut Street and Railroad Avenue. All such signs are subject to the following regulations:
1) The permitted sign shall be:
a) Noncommercial; or
b) Associated with a civic, community, educational, or cultural event. 2) The sign applicant must apply for an encroachment permit with the City engineer or his or her designee.
3) The City engineer upon review and approval by the planning division shall allow such signs on a first-come, first-served basis for a period not to exceed 14 days per sign.
4) A reservation for installation of a sign is not transferable. The sign locations shall be reserved for use by the City of Livermore during the three weeks prior to any local election.
5) The sign must be installed by the City.
6) The City may charge a reasonable fee to cover the cost of installing the sign, as determined by a resolution of the City Council. Livermore Valley Joint Unified School District and the Livermore aArea rRecreation and pPark dDistrict shall each be granted two free banner installations in a calendar year.

4.06.140 Temporary Signs
A. Temporary signs in commercial and industrial zoning districts. In addition to the permanent signs allowed in this chapter, temporary signs are permitted in Specific Plans, Planned Unit Development (PUD) and Planned Development (PD) district areas that allow commercial and industrial uses and the following zoning districts designated as Neighborhood Business Commercial (CNB), Commercial Service (CS), Highway Service Commercial (CHS), Commercial Office (CO), Professional Office (CP), Research and Development (I-1), Light Industrial (I-2), Heavy Industrial ATTACHMENT 1
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2 (I-3), T4 Neighborhood-Open, and Neighborhood Mixed Use (NMU), subject to the following:
1) Only the following types of temporary signs are permitted:
a) A freestanding A-frame sign;
b) A window painting;
c) A banner sign;
d) A beacon;
e) A stake sign constructed of paper or plastic mounted on a wood or metal stick.
2) Prior to displaying a temporary sign which contains commercial sign copy, the owner of such a sign shall register the sign with the Planning Division by completing a form provided by the City. The form shall include the owner’s name, address and telephone number, as well as dates the owner intends on displaying the sign. The City may charge a reasonable registration fee to cover the cost of inspection and enforcement, as determined by resolution of the City Council.
3) A freestanding A-frame sign, window painting or banner sign shall be displayed no more than 35 days in any three-month period on private property. 4) Each parcel shall have no more than one freestanding A-frame sign, window painting or banner sign.
5) For commercial and noncommercial signs on developed parcels, the maximum sign area of a freestanding A-frame sign, stake, or banner sign is one-half of the sign area permitted for a permanent sign in the district in which the parcel is located. For vacant parcels, no commercial signs are permitted. Noncommercial signs are permitted as long as the signs do not exceed four square feet per sign and no two signs with the same copy are located closer than 50 feet from each other.
6) A temporary sign may not be illuminated.
7) A window painting may cover only up to 50 percent of the window area. 8) A temporary freestanding A-frame sign is subject to the following requirements:
a) Maximum size of temporary freestanding A-frame signs is 30 inches wide by 48 inches tall; and
b) A temporary freestanding A-frame sign must be placed on private property or in a landscaped area.
9) Each parcel shall have no more than one beacon, subject to the following requirements:
a) A beacon may be displayed no more than 10 days per year; b) A beacon must be located on-site;
c) A beacon may not create a hazard to pedestrians, vehicles, or aircraft due to its location or movement; and
d) A beacon may only operate during the business hours of the use being identified.
10) Commercial and noncommercial temporary signs are not permitted on public property. For clarification, the term public property for this prohibition means both real property owned by a public entity as well as physical property, including but not limited to, traffic lights, street lights, and utility infrastructure.

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3 11) In the Downtown Specific Plan (DSP) area only, commercial and non- commercial temporary signs are not permitted in the designated public right-of- way with the exception of A-frame signs, which must be:
a) No larger than 30 inches wide by 48 inches tall;
b) Displayed only between 9 a.m. to 7 p.m.;
c) Located within five feet of a front building entrance of only commercial uses;
d) Allows for adequate ADA and public access on the sidewalk; and e) Subject to DSP Chapter 6 design standards, including standards for portable signs.
10) Noncommercial temporary signs (including campaign and political signs) are permitted iPublic property and public right-of-way signs located on public property or the designated public right-of-way are subject to the following regulations:
a) No commercial or non-commercial signs are permitted on public property; and 11)12) No commercial signs are permitted i n the designated public right-of-way, but not in the street, street median, . Non-commercial signs are permitted in all zoning districts;or sidewalk in commercial and industrial zones other than the DSP, subject to the following: provided, signs do not exceed four square feet per sign and no two signs with the same copy are located closer than 50 feet from each other, per street frontage. Corner properties may have two of the same sign at the corner.
a) No commercial or noncommercial signs are permitted on public property; and
b) No commercial signs are permitted on the designated public right-of-way.

Non commercial signs are permitted in all zoning districts; provided signs do not exceed four square feet per sign and no two signs with the same copy are located closer than 50 feet from each other, per street frontage.

Corner properties may have two of the same sign at the corner. a) The signs must relate to an event scheduled for a specific date and shall not be displayed sooner than 90 days before that event; b) May only be displayed between the hours of 9 a.m. and 5 p.m. each day; c) Signs must be stake signs with a maximum size of four square feet; d) No two signs with the same copy shall be placed closer than 50 feet from each other per street frontage;
e) Corner properties may have two of the same sign at the corner; and, f) All noncommercial temporary signs shall be removed within five days after the event to which they pertain.

Temporary signs in residential zoning districts. In addition to permanent signs allowed in this chapter, temporary signs are permitted in Specific Plans, Planned Unit Development (PUD) and Planned Development (PD) district areas that allow residential uses and in zoning districts designated as Downtown Specific Plan (DSP), Suburban Multiple Residential (RG), Multi-Family Residential (MFR), Suburban Residential (RS), Low Density Residential (RL), Rural Residential (R-R), T3 Neighborhood, and T4 Neighborhood, subject to the following:
1) A temporary sign may be placed on private property subject to the following:
a) Noncommercial signs.

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4 (1) Maximum four square feet per sign;
(2) No limit on the number of signs permitted; and
(3) Signs must be a stake sign.
b) Commercial signs.
(1) Signage pursuant to Civil Code Section 713 may be freestanding or wall mounted; and
(2)
Signs pursuant to a master sign program associated with a residential development are exempt; except they may not exceed 32 square feet and may not exceed one per parcel.
(3) A temporary commercial sign shall not be displayed for more than 35 days in any three- month period on private property. 2) A noncommercial temporary si gn (including campaign and political signs) may be placed in the designated public right-of-way, but not the street, street median, or sidewalk, subject to the following:
a) Noncommercial signs;
a) Signs must related to an event scheduled for ra specific date and shall not be installed sooner than 90 days before that event;
b) Signs shall only be displayed in the public right-of-way between the hours of 9:00 a.m. and 5:00 p.m. each day;
b)c) Signs must be stake signs with a maximum size of four square feet; c)d) No two signs with the same copy shall be placed closer than 50 feet from each other per street frontage;
d)e) Corner properties may have two of the same sign at the corner; e)f) All temporary noncommercial temporary signs shall be removed within five days after the event to which they pertain.
3) A Ccommercial temporary signs (including garage sale signs and real estate signs) may be placed in the designated public right-of-way, but not the street, street median, or sidewalk, subject to the following:
a) A temporary commercial sign shall not be displayed for more than 35 days in any three-month period on private property.
b)a) Signs must relate to an activity permitted within a residential zoning district;
c)b) Signs are only allowed on Thursdays, Saturdays and Sundays between the hours of 9:00 a.m. and 5:00 p.m.;
d)c) Signs are limited to four square feet;
e)d) Only one sign per each advertised activity (e.g., a house for sale, etc.) may be placed at each street intersection leading from the two nearest major streets (reflecting two independent access routes) to the site of the advertised activity;
f)e) Only one sign per each advertised activity, up to a maximum of three signs total, may be placed at any street intersection corner; and g)f) The sign must be placed so that a minimum of four and one-half feet remains clear on the sidewalk for pedestrians if not other location is possible.
4) All temporary commercial signs are permitted for a total of 35 days per a calendar quarter.
5)4) Commercial and non-commercial temporary signs are not permitted on public property. For clarification, the term public property for this prohibition means ATTACHMENT 2
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5 both real public property and physical public property, including but not limited to traffic lights, street lights, and utility infrastructure 6) No temporary commercial or noncommercial signs are permitted on public property or to be placed in the street or median areas.

C. Enforcement. Any commercial or noncommercial temporary sign placed in the public right-of-way or public property in violation of this section shall be subject to removal by the City and enforcement using the remedies in Chapters 1.20, 8.14, and 8.15 in the Municipal Code, and such other remedies the City may have. The Neighborhood Preservation staff shall develop enforcement protocols for the removal and storage of those signs, as well as for their retrieval and possible destruction if not retrieved.

Section 11.01.020
Definitions of Specialized Terms and Phrases
Stake sign. A sign constructed of paper or plastic mounted on a wood or metal stick that is pushed or hammered into the ground, and the top of which is less than 36 inches above the ground.

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1052 South Livermore A venue
Livermore, CA 94550-4899
(925) 960-4437
(925) 960-4429
(925) 960-4104
www.cityoflivermore.net
§
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10’Sidewalk
Street
Curb
Landscape Area
Private Property
x
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x
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x
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x
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PLANNING COMMISSION STAFF REPORT
1 TO: Chairperson Fagundes and
Members of the Planning Commission
PREPARED BY: Susan Frost, Special Projects Coordinator
REVIEWED BY: Steve Stewart, Planning Manger
Steve Riley, Principal Planner
DATE: July 7, 2020
SUBJECT: Development Code Amendment 20-003, Temporary Signs

SUMMARY RECOMMENDATION
Staff recommends that the Planning Commission adopt a resolution recommending the City Council instruct staff to file a Notice of Exemption and approve Development Code Amendment (DCA) 20-003 to implement stricter limitations on temporary signs relating the location, time of day, number of days for commercial and non-commercial temporary signs in the public right of way in all zoning districts.

BACKGROUND
In January and February 2020, the City Council received several complaints that campaign signs were being vandalized, stolen, and installed inconsistent with the City’s existing regulations for commercial and non-commercial temporary signs. On March 9, 2020, the City Council directed staff to develop options for an ordinance to limit the placement of campaign signs in the public right of way.

Campaign signs are vandalized or stolen in nearly every election. Many are inadvertently placed in locations that are inconsistent with the City’s existing regulations. This problem impacts nearly every candidate and ballot measure, as well as the campaigns advocating for or against them. Those activities are illegal, but the high number of campaign signs placed during an election make it problematic to enforce compliance and identify responsible parties.

The problem is magnified in Livermore since its ordinances allow campaign signs to the placed in the public right of way. Unlike campaign signs on private property that are generally supervised by people at those locations, campaign signs placed in the public ATTACHMENT 4
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2 right are left largely unattended. The absence of regular oversight makes those signs vulnerable to vandalism and theft.

Earlier this year, the campaigns participating in Livermore’s March 2020 election expressed a shared complaint that the problem was more rampant than ever before, and that reactions and accusations were becoming increasing hostile. For example, there were allegations that campaign signs were repeatedly stolen from certain locations, that signs were cut to pieces in a threatening manner, and that signs were marred by graffiti to alter their meaning. That experience added to the natural tension inherent in every election.

Many community members expressed concern that the activities were unnecessarily dividing the community. Rather than focusing the campaign conversation on the merits of the measure, the campaigns for and against the measure exchanged accusations against each other that their supporters were engaged in illegal activities.

Staff has identified the following options to amend the City’s sign ordinance to address campaign sign theft and vandalism, and the constitutional requirements to respect the hierarchy of non-commercial and commercial speech.

STAFF ANALYSIS
First Amendment jurisprudence recognizes a distinction between commercial and noncommercial speech, and that governmental officials must place a message into one or the other category for the purposes of regulation. While the First Amendment protects both commercial and noncommercial speech, it affords noncommercial speech a greater degree of protection. Therefore, care must be taken when crafting a sign ordinance to avoid imposing greater restrictions on noncommercial signs in favor of commercial signs.

The City has exercised its authority to adopt a sign ordinance to regulate signs in Livermore to implement its interest in community aesthetics through the control of visual clutter, for pedestrian and driver safety, and based upon the findings and determinations when the ordinance was first adopted.

The proposed amendments respect that jurisprudence and are intended to further the City’s existing interests for its sign regulations and its new interests to add additional requirements to help address the vandalism and theft of signs, which primarily occurs at night, while preserving the opportunity to place signs in the designated public right-of- way.

The Livermore Development Code (LDC) in Section 4.06.140 regulates commercial and non-commercial temporary signs and the City summarizes these regulations in a public flyer (see Attachments 1 and 2). Commercial temporary signs are sponsored by a commercial entity with prevailing messages that propose a commercial transaction (real estate leasing and selling activities, temporary retail sales or “now opening” signs). Non- ATTACHMENT 4
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3 commercial temporary signs provide commentary or advocacy on topics of public debate or concern. Political or campaign signs are non-commercial temporary signs.

Generally, the City cannot create or enforce stricter regulations on temporary non- commercial signage, than for temporary commercial signage. The City can consider different regulations for different parts of the City if the regulations within that geographic area do not favor commercial signs over non-commercial signs.

Non-commercial temporary signs are currently allowed on private property in all zoning districts. Non-commercial temporary signs may also be placed in the public right-of-way (ROW) (generally within 10 feet of back of curb (but varies some older parts of City) and must meet the following restrictions among others:
x maximum of four square feet per sign;
x signs must be stake signs;
x no two signs with the same copy may be closer than 50 feet of each other per street frontage;
x corner properties may have two of the same signs at the corner; and x signs must be removed within five days following the associated event (e.g. after the election date)
These signs are typically located adjacent to sidewalks in landscaped areas but are prohibited on street medians, sidewalks or streets, traffic signals, streetlight poles, utility poles, schools, parks and public property.

Commercial and non-commercial A-frame signs are also permitted in the public ROW in the downtown area per the requirements of the Downtown Specific Plan.

As discussed above, the primary concern with temporary campaign signs is vandalism and theft, particularly signs placed in the ROW. Potential solutions include:

1. prohibiting placement of all temporary signs in the ROW (except governmental public information and traffic safety signs);

2. prohibiting the placement of commercial and non-commercial temporary signs in the ROW during certain hours of the day; and

3. prohibiting placement of commercial and non-commercial temporary signs in the ROW during a specific time in advance of standard election dates.

The first option above would prohibit both commercial and non-commercial temporary signs in the ROW. This would limit campaign signs to private property only (with property owner’s permission) and have little effect on campaign signs on private residential property. However, it would require that campaign signs be placed on private commercial property with property owner permission and outside of the public ROW. It may be more difficult to get a commercial property owner to agree to signage and time consuming to find the right person to get said permission.

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4 The sec
ond option would be to allow commercial and non-commercial temporary signs in the ROW only during certain hours of the day, for example, 9 a.m.- 5 p.m., or 6 a.m. to 8 p.m. to allow more exposure to daily commuters. With this approach, temporary signs would be placed in the morning and removed in the evening each day. While this approach would likely decrease potential problems with vandalism and theft, it would require additional effort and possibly cost for those wishing to display temporary signs. It may also present enforcement challenges for the City’s Neighborhood Preservation staff.

The third option is prohibiting the placement of commercial and non-commercial temporary signs in the ROW during a specific time in advance of standard election dates, such as 60 or 90 days and letting signs stay out all day and night with no time restrictions.

A fourth option is to create a hybrid amendment that includes elements from the different options above. One option would be to allow temporary signs during certain hours and establishing a specific time they are out, 60 or 90 days before the election.

RECOMMENDATON
Staff
is recommending Development Code amendments as shown in Attachment 3 to address the challenge of allowing temporary signs and addressing vandalism and theft.

The size and placement restrictions in the existing ordinance described above would generally be preserved with the following key additional requirements:
x Restrict the placement of commercial and non-commercial temporary signs in the ROW to daylight hours between 9:00 a.m. and 5:00 p.m. Signs could only be placed after 9:00 a.m. and would need to be removed before 5:00 p.m. each day. x Signs must relate to an event scheduled for a specific date and shall not displayed sooner than 90 days before that event. Signs must still be removed within five days following the associated event.
x Stake signs shall be constructed of paper or plastic mounted on a wood or metal stick that is pushed or hammered into the ground, and signs shall be no taller than 36 inches above the ground.
x Any commercial or noncommercial temporary sign placed in the public right-of-way or public property in violation of this section shall be subject to removal by the City.

Neighborhood Preservation staff shall develop enforcement protocols for the removal and storage of those signs, as well as for their retrieval and possible destruction if not retrieved.

This approach allows signs to be displayed during the most active times of the day.

Removing signs during nighttime hours would significantly reduce vandalism and theft.

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5 Additionally, this approach requires increased responsibility for those wishing to display temporary signs within the ROW.

Neighborhood Preservation currently spends significant time policing the ROW for sign violations. The ordinance amendments would better describe a violation and allow City staff to develop enforcement protocols for the removal and storage of those signs.

In addition to the amendments summarized above, less significant changes are proposed for formatting and internal consistency.

SUMMARY
The proposed Development Code amendment revises the regulations for the placement of temporary commercial and non-commercial signs in the public right-of-way. The revisions are intended to support and provide for free speech in the community through temporary signs while addressing concerns with vandalism, theft, aesthetics and public safety.

OTHER AGENCY/DEPARTMENT COMMENTS
None

ENVIRONMENTAL DETERMINATION
The proposed project is exempt from review under the California Environmental Quality Act (CEQA) under Section 15061(b)(3) - the activity is covered by the common sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

Staff finds that the proposed amendments to the Development Code would not result in significant effect on the environmental as the ordinance addresses temporary signs and not permanent alternations to the environment.

ATTACHMENTS

1. Development Code Temporary Sign Section 4.06.140

2. Flyer for current regulations of campaign signs

3. Draft Ordinance showing redline changes to Development Code

4. Planning Commission Resolution
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PLANNING COMMISSION MINUTES 11 JULY 7, 2020
DRAFT

PLANNING COMMISSION

DRAFT MEETING MINUTES
JULY 7, 2020

5. PUBLIC HEARINGS

5.03 Hearing to consider amending the Livermore Development Code regarding, Temporary Signs, including Section 4.06.140, to update sections relating the location, time of day, number of days for commercial and non-commercial temporary signs in all zoning districts.
x Location: Citywide
x Site Area: Not applicable
x Applicant: City of Livermore
x Application Number: Development Code Amendment (DCA) 20-003 x Public improvements: Not applicable
x Zoning: Various
x General Plan: Various
x Historic Status: Not applicable
x CEQA: Recommend finding the project is exempt from the California Environmental Quality Act under Section 15061(b)(3) that the activity is covered by the common sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
x Project Planner: Susan Frost, Special Projects Coordinator Recommendation: Staff recommends the Planning Commission adopt a resolution recommending the City Council instruct staff to file a Notice of Exemption with the Alameda County Clerk and approve Development Code Amendment (DCA) 20-003.

Susan Frost, Special Projects Coordinator, presented the staff report.

Chairperson Fagundes opened the public hearing. No one came forward and the public hearing was closed.

Commissioner Bonanno asked and confirmed that the A-frame signs similar to the ones seen on First Street in front of restaurants in the evening would still be allowed and the ordinance amendment allows them to be displayed between 9AM and 7PM or 2 hours longer than the cut-off in other areas other than the downtown.

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Commissioner Bonanno said she supports the ordinance change but worries about businesses downtown that hold evening business, such as Aviation who has an A-frame that directs people in the evening. She asked if these would not be allowed after 7PM, and Ms. Frost confirmed.

Commissioner Bonanno asked and confirmed with staff that the Planning Commission is making a recommendation to the City Council. She believed there were parts of the City where it is an undue restriction on places that are active after 7PM.

Commissioner Stein asked if it was possible to distinguish between commercial and campaign signs in any way and asked how this will be enforced given it is outside of normal working hours, noting it may be hazardous if people are putting up and taking down signs in the dark.

He also asked how regional campaign signs will be managed if non-City agencies do not read the City’s ordinance. Lastly, this tends to favor incumbents and one of the major uses of signs is to get the candidate s’ names before the public.

Principal Planner Steve Riley responded that the City must allow commercial and non- commercial signs under the same regulations and cannot impose restrictions on one and not the other.

Ms. Frost added that the ordinance specifically relates to commercial signs and non- commercial and not just campaign signs which are a form of non-commercial signs but the distinction is really commercial and non-commercial. They are being treated similarly.

She said staff wanted to do something less restrictive than prohibiting all signs altogether in the public right-of-way, so this was a compromise as a way to achieve goals while still providing some form of restrictions.

Mr. Stewart said in terms of enforcement it is always a challenge with these types of signs during any time of the year. Enforcement would be through the City’s Neighborhood Preservation Department and the Police Department and their employees. It does offer enforcement opportunities around the clock, but it is difficult on weekends, given higher priorities. He stated Doug Martin, Neighborhood Preservation Manager, is present and can add to his comments.

Neighborhood Preservation Manager Doug Marin referred to enforcement outside of normal working hours and said staff most likely would not be doing any enforcement in the evenings past 5PM and staff starts at 7AM so the 9AM timing provides the opportunity for staff to monitor those areas and remove any signs. This also could have some influence on the downtown A-frame signs if those needed to go a little later.

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Again, he said they would monitor in the morning when they are not likely to be out, and an extension of hours in the evening is much less of a burden to staff than the earlier morning hours would be.

Mr. Riley said in regards to getting information out to the different campaigns, when folks file to run in the local elections they must review rules and procedures relating to signs with the City Clerk. The City Clerk would convey the new code amendments to those running for office to ensure they know the rules.

Chairperson Fagundes re-opened the public hearing to accept two comments that came in during the public hearing.

Evan wrote: After the vandalism from the last campaign season, he encouraged the Commission to pass this ordinance and encourage the time to be extended by about 2 hours on each end.

Chad wrote: What is the goal of restriction of campaign signs the Commission intends to achieve?
Chairperson Fagundes closed the public hearing.

Chairperson Fagundes said he has concerns with the risk associated with installing signs along the roadway which causes hazards as well as having them gathered after the election. He thinks enforcement will be difficult and does not know how practical the timeframe is.

Commissioner Bonanno said she would support increasing the time to make it more open, cited issues with campaign signs which have been defaced, destroyed, thrown into the landscape, and thinks this is primarily what this is intended to address.

She said she still finds signs from over a year ago when walking and thinks this addresses the issue and would like to see the window expanded so as not to penalize businesses. She also appreciates Mr. Martin’s comments, and thinks the hazards of people pulling signs out of the right-of-way will not happen often. And, while unfortunate to take this action, she completely supports it.

Commissioner Stein said he generally is opposed to vandalism but it is a balance between free speech and over-regulation and said he will probably oppose the recommendation. He thinks the campaign signs for individuals are generally less often vandalized than the initiative where feelings run high but overall, it is a balance between free speech and regulation and he is willing to tolerate the vandalism. He wished people would remove signs at the end of a campaign but stated he will probably not support the change in the sign ordinance.

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Chairperson Fagundes agreed and if a sign is seen lying in a ditch the City should be enforcing fines if they are not picked up within five days past the event. But, when putting out signs, unfortunately there are vandals and these are just some of the things that happen. This is the risk someone takes for putting signs out in the public right-of-way and he does not think there is anything stopping people from picking up their signs, so he thinks this is a bit stiff.

He could support something where the window to put signs out before an election or event for a 60 to 90 day period, but if anything is changed they should establish a window of days rather than hours. Enforcing it will be difficult as well and thinks this causes more enforcement and hazards and could not support the change. He could support narrowing down the days to between 60 and 90 days.

Commissioner Bonanno said she thought there was already a restriction of when signs can be put up.

Mr. Martin stated there currently is no time limit preceding an election.

Chairperson Fagundes stated he would not mind making a recommendation to indicate between 75 days or 90 days.

Commissioner Stein asked if the Commission could separate the motion and asked if 60 days had any support.

Commissioner Bonanno said she thinks people do not put signs out before 60 days anyway so she did not think it would make much of a difference.

Chairperson Fagundes agreed and thinks it has been around 60 days. He said he could not support the recommendation but also was not sure there was a motion.

Commissioner Bonanno made a motion for approval. There was no second and the motion died.

Senior Assistant Attorney Kim Cilley stated there is some case law on regulating a certain number of days prior to an election. If this is something staff would like her to look into, she would need additional time because this was not considered.

Mr. Stewart stated the Commission would need to make a recommendation to the City Council and stated in the staff report there is a provision that states, “Signs shall not be displayed sooner than 90 days before the event” so this would be a new one. He assumes this has been vetted against any law in place now. Therefore, the Commission could add that back in, but staff would need a recommendation to the City Council.

Ms. Cilley added that it would be for non-commercial and not just political signs.

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PLANNING COMMISSION MINUTES 11 JULY 7, 2020
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AMENDING MOTION BY STEIN, SECONDED BY FAGUNDES, TO APPROVE THE 90-

DAY LIMITATION ON COMMERCIAL AND NON-COMMERCIAL SIGNS WITH NO TIME LIMITS.

VOTE ON AMENDING MOTION:

AYES: FAGUNDES, STEIN.

NOES: BONANNO
ABSENT: ANDERSON, BJORKLUND.

Mr. Stewart clarified that the Commission needs to be clear that there is an amending motion for the 90 day limitation and the main motion would need to reflect the Commission’s recommendation to the City Council.

Commissioner Stein stated if the Commission votes down the main motion, he asked if this means the amending motion is voted down, given they were not separating them.

Ms. Cilley stated the main motion would be either to recommend the City Council approve or deny. The Commission can make a recommendation of approval and then have amending motions of what the Commission would want changed from what the Resolution is recommending to the Council. Or, the Commission could recommend denial of the Resolution and provide follow-up direction to the Council.

Commissioner Stein stated his intent is that there be a limitation on days before an event for commercial or non-commercial signs, but no limitations as to time of day.

Ms. Cilley stated this would be a recommendation that the City Council approve the change in the ordinance as modified. The Planning Commission resolution would either recommend approval or not and then amending motions to make changes to that proposed ordinance, how the Commission would like it to be different, and to handle those in amending motions.

Commissioner Bonanno asked Mr. Martin when signs usually go up. She thinks the 90- day restriction may be a red herring, so the Commission might be making this more complicated than it needs to be.

Mr. Martin stated 30 days is very typical but staff did receive a complaint of signs going up in the Springtown area already. So, this is very unusual to see them that early.

MOTION BY STEIN, SECONDED BY FAGUNDES, TO DENY STAFF’S
RECOMMENDATIONS AND ADOPT RESOLUTION NO. 21-20, RECOMMENDING THE CITY COUNCIL DENY DEVELOPMENT CODE AMENDMENT (DCA) 20-003.

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AMENDING MOTION BY STEIN, SECONDED BY BONANNO, TO LIMIT COMMERCIAL AND NON-COMMERCIAL SIGNS TO A FIXED PERIOD OF 30 DAYS BEFORE THE EVENT.

VOTE ON AMENDING MOTION:

AYES: BONANNO AND STEIN.

NOES: FAGUNDES.

ABSENT: ANDERSON AND BJORKLUND.

VOTE ON MAIN MOTION:

AYES: FAGUNDES AND STEIN.

NOES: BONANNO.

ABSENT: ANDERSON AND BJORKLUND.

Chairperson Fagundes stated the main motion passes by a vote of 2-1 and he confirmed with Mr. Stewart that staff had direction to recommend to the City Council.

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1 ORDINANCE NO. _____________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

AN ORDINANCE AMENDING THE LIVERMORE DEVELOPMENT CODE, AS AMENDED, OF THE CITY OF LIVERMORE, BY AMENDING PART 4 (GENERAL TO ZONES), CHAPTER 4.06 (SIGN STANDARDS), SECTION 4.06.060 (SIGNS ON PUBLIC PROPERTY) AND SECTION 4.06.140 (TEMPORARY SIGNS); AND PART 11 (DEFINITIONS), CHAPTER 11.01 (DEFINITIONS), SECTION 11.01.020 (DEFINITIONS OF SPECIALIZED TERMS AND PHRASES)

THE CITY COUNCIL OF THE CITY OF LIVERMORE DOES ORDAIN AS FOLLOWS:

Section 1. Section 4.06.060 (Signs on Public Property) of the Livermore Development Code is amended to read as follows:

4.06.060 Signs on Public Property and in the Designated Public Right-of-Way No signs are allowed on public property or in the designated public right-of-way, except for the following:

B. An informational sign of a public utility or transit company regarding its poles, lines, pipes, facilities, or routes.

C. An emergency warning sign erected by the City or other public entity, a public utility company, or contractor doing authorized or permitted work on public property.

D. Commercial and noncommercial temporary signs that satisfy the requirements in Section 4.06.140 (Temporary Signs).

E. Signs constructed by the City to direct persons to specific districts, regions, or public facilities.

F. A single banner sign over Fourth Street between South J Street and South K Street and over North Livermore Avenue between Chestnut Street and Railroad Avenue. All such signs are subject to the following regulations:
1) The permitted sign shall be:
a) Noncommercial; or
b) Associated with a civic, community, educational, or cultural event. 2) The sign applicant must apply for an encroachment permit with the City engineer or his or her designee.
3) The City engineer upon review and approval by the planning division shall allow such signs on a first-come, first-served basis for a period not to exceed 14 days per sign.
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4) A reservation for installation of a sign is not transferable. The sign locations shall be reserved for use by the City of Livermore during the three weeks prior to any local election.
5) The sign must be installed by the City.
6) The City may charge a reasonable fee to cover the cost of installing the sign, as determined by a resolution of the City Council. Livermore Valley Joint Unified School District and the Livermore Area Recreation and Park District shall each be granted two free banner installations in a calendar year.

Section 2. Section 4.06.140 (Temporary Signs) of the Livermore Development Code is amended to read as follows:

4.06.140 Temporary Signs
A. Temporary signs in commercial and industrial zoning districts. In addition to the permanent signs allowed in this chapter, temporary signs are permitted in Specific Plans, Planned Unit Development (PUD) and Planned Development (PD) district areas that allow commercial and industrial uses and the following zoning districts designated as Neighborhood Business Commercial (CNB), Commercial Service (CS), Highway Service Commercial (CHS), Commercial Office (CO), Professional Office (CP), Research and Development (I-1), Light Industrial (I-2), Heavy Industrial (I-3), T4 Neighborhood-Open, and Neighborhood Mixed Use (NMU), subject to the following:
1) Only the following types of temporary signs are permitted:
a) A freestanding A-frame sign;
b) A window painting;
c) A banner sign;
d) A beacon;
e) A stake sign.
2) Prior to displaying a temporary sign which contains commercial sign copy, the owner of such a sign shall register the sign with the Planning Division by completing a form provided by the City. The form shall include the owner’s name, address and telephone number, as well as dates the owner intends on displaying the sign. The City may charge a reasonable registration fee to cover the cost of inspection and enforcement, as determined by resolution of the City Council.
3) A freestanding A-frame sign, window painting or banner sign shall be displayed no more than 35 days in any three-month period on private property.
4) Each parcel shall have no more than one freestanding A-frame sign, window painting or banner sign.
5) For commercial and noncommercial signs on developed parcels, the maximum sign area of a freestanding A-frame sign, stake, or banner sign is one-half of the sign area permitted for a permanent sign in the district in which the parcel is located. For vacant parcels, no commercial signs are 257
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permitted. Noncommercial signs are permitted as long as the signs do not exceed four square feet per sign and no two signs with the same copy are located closer than 50 feet from each other.
6) A temporary sign may not be illuminated.
7) A window painting may cover only up to 50 percent of the window area. 8) A temporary freestanding A-frame sign is subject to the following requirements:
a) Maximum size of temporary freestanding A-frame signs is 30 inches wide by 48 inches tall; and
b) A temporary freestanding A-frame sign must be placed on private property or in a landscaped area.
9) Each parcel shall have no more than one beacon, subject to the following requirements:
a) A beacon may be displayed no more than 10 days per year; b) A beacon must be located on-site;
c) A beacon may not create a hazard to pedestrians, vehicles, or aircraft due to its location or movement; and
d) A beacon may only operate during the business hours of the use being identified.
10) Commercial and noncommercial temporary signs are not permitted on public property. For clarification, the term public property for this prohibition means both real property owned by a public entity as well as physical property, including but not limited to, traffic lights, street lights, and utility infrastructure.
11) In the Downtown Specific Plan (DSP) area only, commercial and non- commercial temporary signs are not permitted in the designated public right-of-way with the exception of A-frame signs, which must be:
a) No larger than 30 inches wide by 48 inches tall;
b) Displayed only between 9 a.m. to 7 p.m.;
c) Located within five feet of a front building entrance of only commercial uses;
d) Allow for adequate ADA and public access on the sidewalk; and e) Subject to DSP Chapter 6 design standards, including standards for portable signs.
12) Noncommercial temporary signs (including campaign and political signs) are permitted in the designated public right-of-way, but not in the street, street median, or sidewalk, in commercial and industrial zones other than the DSP, subject to the following:
a) The signs must relate to an event scheduled for a specific date and shall not be displayed sooner than 90 days before that event; b) May only be displayed between the hours of 9 a.m. and 5 p.m. each day;
c) Signs must be stake signs with a maximum size of four square feet; d) No two signs with the same copy shall be placed closer than 50 feet from each other per street frontage;
e) Corner properties may have two of the same sign at the corner; and, 258
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f) All noncommercial temporary signs shall be removed within five days after the event to which they pertain.

B. Temporary signs in residential zoning districts. In addition to permanent signs allowed in this chapter, temporary signs are permitted in Specific Plans, Planned Unit Development (PUD) and Planned Development (PD) district areas that allow residential uses and in zoning districts designated as Downtown Specific Plan (DSP), Suburban Multiple Residential (RG), Multi-Family Residential (MFR), Suburban Residential (RS), Low Density Residential (RL), Rural Residential (R- R), T3 Neighborhood, and T4 Neighborhood, subject to the following:
1) A temporary sign may be placed on private property subject to the following:
a) Noncommercial signs.
(1) Maximum four square feet per sign;
(2) No limit on the number of signs permitted; and
(3) Signs must be a stake sign.
b) Commercial signs.
(1) Signage pursuant to Civil Code Section 713 may be
freestanding or wall mounted; and
(2) Signs pursuant to a master sign program associated with a residential development are exempt; except they may not exceed 32 square feet and may not exceed one per parcel. (3) A temporary commercial sign shall not be displayed for more than 35 days in any three- month period on private property. 2) A noncommercial temporary sign (including campaign and political signs) may be placed in the designated public right-of-way, but not the street, street median, or sidewalk, subject to the following:
a) Signs must relate to an event scheduled for a specific date and shall not be installed sooner than 90 days before that event; b) Signs shall only be displayed in the public right-of-way between the hours of 9 a.m. and 5 p.m. each day;
c) Signs must be stake signs with a maximum size of four square feet; d) No two signs with the same copy shall be placed closer than 50 feet from each other per street frontage;
e) Corner properties may have two of the same sign at the corner; and, f) All noncommercial temporary signs shall be removed within five days after the event to which they pertain.
3) A commercial temporary sign (including garage sale signs and real estate signs) may be placed in the designated public right-of-way, but not the street, street median, or sidewalk, subject to the following:
a) Signs must relate to an activity permitted within a residential zoning district;
b) Signs are only allowed on Thursdays, Saturdays and Sundays between the hours of 9 a.m. and 5 p.m.;
c) Signs are limited to four square feet;
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d) Only one sign per each advertised activity (e.g., a house for sale, etc.) may be placed at each street intersection leading from the two nearest major streets (reflecting two independent access routes) to the site of the advertised activity;
e) Only one sign per each advertised activity, up to a maximum of three signs total, may be placed at any street intersection corner; and f) The sign must be placed so that a minimum of four and one-half feet remains clear on the sidewalk for pedestrians if no other location is possible.
4) Commercial and non-commercial temporary signs are not permitted on public property. For clarification, the term public property for this prohibition means both real public property and physical public property, including but not limited to traffic lights, street lights, and utility infrastructure C. Enforcement. Any commercial or noncommercial temporary sign placed in the public right-of-way or public property in violation of this section shall be subject to removal by the City and enforcement using the remedies in Chapters 1.20, 8.14, and 8.15 in the Municipal Code, and such other remedies the City may have. The Neighborhood Preservation staff shall develop enforcement protocols for the removal and storage of those signs, as well as for their retrieval and possible destruction if not retrieved.

Section 3. Section 11.01.020 (Definitions of Specialized Terms and Phrases), Subsection S. (Definitions) of the Livermore Development Code is amended as follows:

Section 11.01.020 Definitions of Specialized Terms and Phrases Stake sign. A sign constructed of paper or plastic mounted on a wood or metal stick that is pushed or hammered into the ground, and the top of which is less than 36 inches above the ground.

Section 4. The City Council finds that the proposed project is exempt from review pursuant to California Environmental Quality Act (CEQA) Section 15061(b)(3) - the activity is covered by the common sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment, and the City Clerk is directed to file a Notice of Determination with the Alameda County Clerk.

Section 5. This ordinance or a comprehensive summary thereof shall be published once in a newspaper of general circulation of the City of Livermore within fifteen days after its adoption and shall take effect and be in force thirty days from and after its adoption.

The foregoing ordinance was introduced at the meeting of the City Council of the C
ity of Livermore City Council held on July 27, 2020, by the following vote:
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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:
_____________________________ _________________________________ Marie Weber Jason Alcala
City Clerk City Attorney
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4.06.140 Temporary Signs
A. Temporary signs in commercial and industrial zoning districts.

In addition to the permanent signs allowed in this chapter, temporary signs are permitted in Specific Plans, Planned Unit Development (PUD) and Planned Development (PD) district areas that allow commercial and industrial uses and the following zoning districts designated as Neighborhood Business Commercial (CNB), Commercial Service (CS), Highway Service Commercial (CHS), Commercial Office (CO), Professional Office (CP), Research and Development (I-1), Light Industrial (I-2), Heavy Industrial (I-3), T4 Neighborhood-Open, and Neighborhood Mixed Use (NMU), subject to the following:

1. Only the following types of temporary signs are permitted:
a. A freestanding A-frame sign;
b. A window painting;
c. A banner sign;
d. A beacon;
e. A stake sign.

2. Prior to displaying a temporary sign which contains commercial sign copy, the owner of such a sign shall register the sign with the Planning Division by completing a form provided by the City. The form shall include the owner’s name, address and telephone number, as well as dates the owner intends on displaying the sign. The City may charge a reasonable registration fee to cover the cost of inspection and enforcement, as determined by resolution of the City Council.

3. A freestanding A-frame sign, window painting or banner sign shall be displayed no more than 35 days in any three-month period on private property.

4. Each parcel shall have no more than one freestanding A-frame sign, window painting or banner sign.

5. For commercial and noncommercial signs on developed parcels, the maximum sign area of a freestanding A-frame sign, stake, or banner sign is one-half of the sign area permitted for a permanent sign in the district in which the parcel is located. For vacant parcels, no commercial signs are permitted. Noncommercial signs are permitted as long as the signs do not exceed four square feet per sign and no two signs with the same copy are located closer than 50 feet from each other.

6. A temporary sign may not be illuminated.

7. A window painting may cover only up to 50 percent of the window area.

8. A temporary freestanding A-frame sign is subject to the following requirements:
a. Maximum size of temporary freestanding A-frame signs is 30 inches wide by 48 inches tall; and
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b. A temporary freestanding A-frame sign must be placed on private property or in a landscaped area.

9. Each parcel shall have no more than one beacon, subject to the following requirements:
a. A beacon may be displayed no more than 10 days per year; b. A beacon must be located on-site;
c. A beacon may not create a hazard to pedestrians, vehicles, or aircraft due to its location or movement; and
d. A beacon may only operate during the business hours of the use being identified.

10. Commercial and noncommercial temporary signs are not permitted on public property. For clarification, the term public property for this prohibition means both real property owned by a public entity as well as physical property, including but not limited to, traffic lights, street lights, and utility infrastructure.

11. In the Downtown Specific Plan (DSP) area only, commercial and noncommercial temporary signs are not permitted in the designated public right-of-way with the exception of A-frame signs, which must be:
a. No larger than 30 inches wide by 48 inches tall;
b. Located within five feet of a front building entrance of only commercial uses; c. Allow for adequate ADA and public access on the sidewalk; and d. Subject to DSP Chapter 6 design standards, including standards for portable signs.

12. Noncommercial temporary signs are permitted in the designated public right-of-way, but not in the street, street median, or sidewalk, in commercial and industrial zones other than the DSP, subject to the following:
a. The signs must relate to an event scheduled for a specific date and shall not displayed sooner than 60 days before that event. For events like an election, the event date for the purpose of the ordinance is the specific election date and not the start of the voting period for the run-up to the election, and for multi-day events like a county fair the event date is the first day the fair is open to the public; b. May only be displayed between the hours of 9 a.m. and 5 p.m. each day; b.c. Signs must be stake signs with a maximum size of four square feet; c.d. No two signs with the same copy shall be placed closer than 50 feet from each other per street frontage;
d.e. Corner properties may have two of the same sign at the corner; and, f. All noncommercial temporary signs shall be removed within five days after the event to which they pertain.

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B. Temporary signs in residential zoning districts.

In addition to permanent signs allowed in this chapter, temporary signs are permitted in Specific Plans, Planned Unit Development (PUD) and Planned Development (PD) district areas that allow residential uses and in zoning districts designated as Downtown Specific Plan (DSP), Suburban Multiple Residential (RG), Multi-Family Residential (MFR), Suburban Residential (RS), Low Density Residential (RL), Rural Residential (R-R), T3 Neighborhood, and T4 Neighborhood, subject to the following:

1. A temporary sign may be placed on private property subject to the following:
a. Noncommercial signs.
(1) Maximum four square feet per sign;
(2) No limit on the number of signs permitted; and
(3) Signs must be a stake sign.
b. Commercial signs.
(1) Signage pursuant to Civil Code Section 713 may be freestanding or wall mounted; and
(2) Signs pursuant to a master sign program associated with a residential development are exempt; except they may not exceed 32 square feet and may not exceed one per parcel.
(3) A temporary commercial sign shall not be displayed for more than 35 days in any three- month period on private property

2. A noncommercial temporary sign may be placed in the designated public right-of- way, but not the street, street median, or sidewalk, subject to the following:
a. Signs must relate to an event scheduled for a specific date and shall not be installed sooner than 60 days before that event. For events like an election, the event date for the purpose of the ordinance is the specific election date and not the start of the voting period for the run-up to the election, and for multi-day events like a county fair the event date is the first day the fair is open to the public;
a.b. May only be displayed between the hours of 9 a.m. and 5 p.m. each day; b.c. Signs must be stake signs with a maximum size of four square feet; c.d. No two signs with the same copy shall be placed closer than 50 feet from each other per street frontage;
d.e. Corner properties may have two of the same sign at the corner; and, e.f. All noncommercial temporary signs shall be removed within five days after the event to which they pertain.

ATTACHMENT 2
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3. A commercial temporary sign (including garage sale signs and real estate signs) may be placed in the designated public right-of-way, but not the street, street median, or sidewalk, subject to the following:
a. Signs must relate to an activity permitted within a residential zoning district; b. Signs are only allowed on Thursdays, Saturdays and Sundays; c. Signs are limited to four square feet;
d. Only one sign per each advertised activity (e.g., a house for sale, etc.) may be placed at each street intersection leading from the two nearest major streets (reflecting two independent access routes) to the site of the advertised activity;
e. Only one sign per each advertised activity, up to a maximum of three signs total, may be placed at any street intersection corner; and f. The sign must be placed so that a minimum of four and one-half feet remains clear on the sidewalk for pedestrians if no other location is possible.

4. Commercial and non-commercial temporary signs are not permitted on public property. For clarification, the term public property for this prohibition means both real public property and physical public property, including but not limited to traffic lights, street lights, and utility infrastructure.

C. Enforcement. Any commercial or noncommercial temporary sign placed in the public right-of-way or public property in violation of this section shall be subject to confiscation and removal by the City and subject to enforcement using the remedies in Chapters 1.20, 8.14, and 8.15 in the Municipal Code, and such other remedies the City may have. The Neighborhood Preservation staff shall develop enforcement protocols for the removal and storage of those signs, as well as for their retrieval and possible destruction if not retrieved.

ATTACHMENT 2
589
1 ORDINANCE NO. _____________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA AN ORDINANCE REVISING AND AMENDING SECTION 4.06.140 (TEMPORARY SIGNS) CHAPTER 4.06 (SIGN STANDARDS) IN THE LIVERMORE DEVELOPMENT

CODE TO RESTRICT THE DISPLAY OF TEMPORARY SIGNS IN THE PUBLIC RIGHT-OF-WAY TO THE HOURS OF 9 A.M. TO 5 P.M., CLARIFY THE EVENT

DATE, AND REAFFIRM THAT SIGNS VIOLATING THE ORDINANCE WILL BE

REMOVED AND CONFISCATED
On July 7, 2020, the Planning Commission held a public hearing on proposed amendments to the Livermore Development Code regarding temporary signs. The Commission recommended that the City Council restrict the placement of commercial and non-commercial temporary signs in the right-of-way to daylight hours between 9:00 a.m. and 5:00 p.m. and that signs must relate to an event scheduled for a specific date and shall not be displayed sooner than 30 days before that event.

On August 24, 2020, the City Council considered the recommendation from the Planning Commission and adopted Ordinance No. 2099. However, the Council removed the restriction on displaying temporary signs to certain hours of the day and set the duration of display to 60 days before an event.

The City Council and staff continued to receive complaints that campaign signs were being vandalized, stolen, installed inconsistent with the City’s existing regulations for commercial and non-commercial temporary signs, and components of the signs are littering the cityscape.

On October 24, 2022, the City Council discussed the provisions in the Livermore Development Code regarding temporary signs placed on public property and in the designated public right-of-way and directed staff to return with the Development Code Amendment previously recommended by the Planning Commission to address ongoing challenges with allowing temporary signs, including vandalism and theft. The City Council directed staff to prepare amendments to the temporary sign ordinance to restrict the placement of temporary signs on the public right-of-way to the hours of 9:00 a.m. to 5:00 p.m.

On that date, the City Council reaffirmed the 60 day time period for the display of noncommercial temporary signs in the public right-of-way, but directed staff to clarify how the date of an event is determined for the display of a noncommercial temporary sign in the public right-of-way. For events like an election the event date for the purposes of the ordinance is the actual election date and not the voting period for the run-up to the election, and for multi-day events like a county fair the event date is the first day the fair opens to the public.

THE CITY COUNCIL OF THE CITY OF LIVERMORE DOES ORDAIN AS FOLLOWS:

Section 1. Subsection 12 in Subsection A “ Temporary signs in commercial and industrial zoning districts” in Section 4.06.140 “Temporary Signs” in Chapter 4.06 “Sign Standards”in the Livermore Development Code is hereby amended to read as set forth 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 Development Code, which publication shall only reflect the final language:

12.Noncommercial temporary signs are permitted in the designated public right- of-way, but not in the street, street median, or sidewalk, in commercial and industrial zones other than the DSP, subject to the following:
a. The signs must relate to an event scheduled for a specific date and shall not displayed sooner than 60 days before that event. For events like an election, the event date for the purpose of the ordinance is the specific election date and not the start of the voting period for the run-up to the election, and for multi-day events like a county fair the event date is the first day the event is open to the public;
b. May only be displayed between the hours of 9 a.m. and 5 p.m. each day; b. c.Signs must be stake signs with a maximum size of four square feet; c. d No two signs with the same copy shall be placed closer than 50 feet from each other per street frontage;
d. e. Corner properties may have two of the same sign at the corner; and, e. f. All noncommercial temporary signs shall be removed within five days after the event to which they pertain.

Section 2. Subsection 2 in Subsection B “ Temporary signs in residential zoning districts” in Section 4.06.140 “ Temporary Signs” in Chapter 4.06 “ Sign Standards”in the Livermore Development Code is hereby amended to read as set forth 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 Development Code, which publication shall only reflect the final language:
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2. A noncommercial temporary sign may be placed in the designated public right-of-way, but not the street, street median, or sidewalk, subject to the following:
a. Signs must relate to an event scheduled for a specific date and shall not be installed sooner than 60 days before that event. For events like an election, the event date for the purpose of the ordinance is the specific election date and not the start of the voting period for the run-up to the election, and for multi-day events like a county fair the event date is the first day the event is open to the public;
b. May only be displayed between the hours of 9 a.m. and 5 p.m. each day; b. c.Signs must be stake signs with a maximum size of four square feet; c. d No two signs with the same copy shall be placed closer than 50 feet from each other per street frontage;
d. e. Corner properties may have two of the same sign at the corner; and, e. f. All noncommercial temporary signs shall be removed within five days after the event to which they pertain.

Section 3. Subsection B “Enforcement” in Section 4.06.140 “Temporary Signs” in Chapter 4.06 “ Sign Standards” in the Livermore Development Code is hereby amended to read as set forth 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 Development Code, which publication shall only reflect the final language:

Section 4. Environmental. The passage of this ordinance is not a project according to the definition in the California Environmental Quality Act and, therefore, is not subject to the provisions requiring environmental review. 592
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Section 5. Severability. If any part of this ordinance is declared invalid by a court, such invalidity shall not affect any of the remaining parts.

Section 6. Publication. This ordinance, or a comprehensive summary thereof, shall be published once in a newspaper of general circulation in the City of Livermore within 15 days after its adoption and shall take effect and be in force thirty days after its adoption.

Section 7. Effective Date . This ordinance shall take effect 30 days after its adoption. Until that date and time, the chapters amended and revised by this ordinance will remain in full force and effect for enforcement.

The foregoing ordinance was introduced at the meeting of the City Council of the City of Livermore City Council held on November 14, 2022, 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:

Bob Woerner
Mayor, City of Livermore
ATTEST: APPROVED AS TO FORM:
_____________________________ _______________________
Marie Weber Jason Alcala
City Clerk City Attorney
593
1 ORDINANCE NO. _____________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA AN O
RDINANCE REVISING AND AMENDING SECTION 4.06.140 (TEMPORARY SIGNS) CHAPTER 4.06 (SIGN STANDARDS) IN THE LIVERMORE DEVELOPMENT

CODE TO RESTRICT THE DISPLAY OF TEMPORARY SIGNS IN THE PUBLIC RIGHT-OF-WAY TO THE HOURS OF 9 A.M. TO 5 P.M., CLARIFY THE EVENT

DATE, AND REAFFIRM THAT SIGNS VIOLATING THE ORDINANCE WILL BE

REMOVED AND CONFISCATED
O
n July 7, 2020, the Planning Commission held a public hearing on proposed amendments to the Livermore Development Code regarding temporary signs. The Commission recommended that the City Council restrict the placement of commercial and non-commercial temporary signs in the right-of-way to daylight hours between 9:00 a.m. and 5:00 p.m. and that signs must relate to an event scheduled for a specific date and shall not be displayed sooner than 30 days before that event.

The City Council and staff continued to receive complaints that campaign signs were being vandalized, stolen, installed inconsistent with the City’s existing regulations for commercial and non- commercial temporary signs, and components of the signs are littering the cityscape.

On October 24, 2022, the City Council discussed the provisions in the Livermore Development Code regarding temporary signs placed on public property and in the designated public right -of-way and directed staff to return with the Development Code Amendment previously recommended by the Planning Commission to address ongoing challenges with allowing temporary signs, including vandalism and theft. The City Council directed staff to prepare amendments to the temporary sign ordinance to r estrict the placement of temporary signs on the public right-of-way to the hours of 9:00 a.m. to 5:00 p.m.

On that date, the City Council reaffirmed the 60 day time period for the display of noncommercial temporary signs in the public right-of-way, but directed staff to clarify how the date of an event is determined for the display of a noncommercial temporary sign in the public right-of-way. For events like an election the event date for the purposes of the ordinance is the actual election date and not the voting period for the run -up to the election, and for multi-day events like a county fair the event date is the first day the fair opens to the public.

Lastly, on that date the City Council reaffirmed that temporary signs placed in the public right-of-way in violation of the ordinance are subject to confiscation and removal.

ATTACHMENT 4
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2 ORDINANCE NO. _____________
On November 1 4, 2022, the City Council considered an alternative ordinance proposed by Mayor Woerner to prohibit the placement of all temporary signs in the public right-of-way in commercial, industrial, and residential zoning districts T

HE CITY COUNCIL OF THE CITY OF LIVERMORE DOES ORDA IN AS FOLLOWS:

S ection 1. Subsection 12 in Subsection A “Temporary signs in commercial and industrial zoning districts” in Section 4.06.140 “Temporary Signs” in Chapter 4.06 “Sign Standards” in the Livermore Development Code is hereby amended to read as set forth 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 Development Code, which publication shall only reflect the final language:

12. Noncommercial temporary Temporary signs are not permitted in the designated public right-of-way, but and are not permitted in the street, street median, or sidewalk, in commercial and industrial zones other than the DSP., subject to the following;
a. The signs must relate to an event scheduled for a specific date and shall not displayed sooner than 60 days before that event.
b. Signs must be stake signs with a maximum size of four square feet; c. No two signs with the same copy shall be placed closer than 50 feet from each other per street frontage;
d. Corner properties may have two of the same sign at the corner; and, e. All noncommercial temporary signs shall be removed within five days after the event to which they pertain
Section 2. Subsection 2 in Subsection B “Temporary signs in residential zoning districts” in Section 4.06.140 “Temporary Signs” in Chapter 4.06 “Sign Standards” in the Livermore Development Code is hereby amended to read as set forth 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 Development Code, which publication shall only reflect the final language:

c. N o two signs with the same copy shall be placed closer than 50 feet from each other per street frontage;

d.. C
orner properties may have two of the same sign at the corner; and,

e. A
ll noncommercial temporary signs shall be removed within five days after the event to which they pertain.

Section 3. Subsection B “Enforcement” in Section 4.06.140 “Temporary Signs” in Chapter 4.06 “Sign Standards” in the Livermore Development Code is hereby amended to read as set forth 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 Development Code, which publication shall only reflect the final language:

C. E
nforcement. Any commercial or noncommercial temporary sign placed in the public right-of-way or public property in violation of this section shall be subject to confiscation and removal by the City and subject to enforcement using the remedies in Chapters 1.20, 8.14, and 8.15 in the Municipal Code, and such other remedies the City may have. The Neighborhood Preservation staff shall develop enforcement protocols for the removal and storage of those signs, as well as for their retrieval and possible destruction if not retrieved.

Section 5
. Severability. If any part of this ordinance is declared invalid by a court, such invalidity shall not affect any of the remaining parts.

Section 6
. Publication. This ordinance, or a comprehensive summary thereof, shall be published once in a newspaper of general circulation in the City of Livermore within 15 days after its adoption and shall take effect and be in force thirty days after its adoption.

Section 7
. Effective Date . This ordinance shall take effect 30 days after its adoption. Until that date and time, the chapters amended and revised by this ordinance will remain in full force and effect for enforcement.

T
he foregoing ordinance was introduced at the meeting of the City Council of the City of Livermore City Council held on November 14, 2022, by the following vote:

ATTACHMENT 4
596
4 ORDINANCE NO. _____________
AYES: COUNCIL MEMBERS:

NOES: C OUNCIL 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:

Bob Woerner
Mayor, City of Livermore

ATTEST: APPROVED AS TO FORM:

_____________________________ _______________________
Marie Weber Jason Alcala
City Clerk City Attorney

ATTACHMENT 4
597
1 ORDINANCE NO. _____________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA AN ORDINANCE REVISING AND AMENDING SECTION 4.06.140 (TEMPORARY SIGNS) CHAPTER 4.06 (SIGN STANDARDS) IN THE LIVERMORE DEVELOPMENT

CODE TO RESTRICT THE DISPLAY OF TEMPORARY SIGNS IN THE PUBLIC RIGHT-OF-WAY TO THE HOURS OF 9 A.M. TO 5 P.M., CLARIFY THE EVENT

DATE, AND REAFFIRM THAT SIGNS VIOLATING THE ORDINANCE WILL BE

Lastly, on that date the City Council reaffirmed that temporary signs placed in the public right-of-way in violation of the ordinance are subject to confiscation and removal. 598
2 ORDINANCE NO. _____________
On November 14, 2022, the City Council considered an alternative ordinance proposed by Mayor Woerner to prohibit the placement of all temporary signs in the public right-of-way in commercial, industrial, and residential zoning districts

THE CITY COUNCIL OF THE CITY OF LIVERMORE DOES ORDAIN AS FOLLOWS:

Section 1. Subsection 12 in Subsection A “Temporary signs in commercial and industrial zoning districts” in Section 4.06.140 “Temporary Signs” in Chapter 4.06 “Sign Standards”in the Livermore Development Code is hereby amended to read as set forth 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 Development Code, which publication shall only reflect the final language:

12.Noncommercial temporary Temporary signs are not permitted in the designated public right-of-way, but and are not permitted in the street, street median, or sidewalk, in commercial and industrial zones other than the DSP., subject to the following;
a. The signs must relate to an event scheduled for a specific date and shall not displayed sooner than 60 days before that event.
b. Signs must be stake signs with a maximum size of four square feet; c. No two signs with the same copy shall be placed closer than 50 feet from each other per street frontage;
d. Corner properties may have two of the same sign at the corner; and, e. All noncommercial temporary signs shall be removed within five days after the event to which they pertain
Section 2. Subsection 2 in Subsection B “Temporary signs in residential zoning districts” in Section 4.06.140 “Temporary Signs”in Chapter 4.06 “Sign Standards”in the Livermore Development Code is hereby amended to read as set forth 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 Development Code, which publication shall only reflect the final language:

2. A noncommercial temporary Temporary signs may be placed are not permitted in the designated public right-of-way, but and are not permitted in the street, street median, or sidewalk, subject to the following: in residential zones.
a. Signs must relate to an event scheduled for a specific date and shall not be installed sooner than 60 days before that event
599
3 ORDINANCE NO. _____________
b. Signs must be stake signs with a maximum size of four square feet; c. No two signs with the same copy shall be placed closer than 50 feet from each other per street frontage;
d.. Corner properties may have two of the same sign at the corner; and, e. All noncommercial temporary signs shall be removed within five days after the event to which they pertain.

Section 3. Subsection B “Enforcement” in Section 4.06.140 “Temporary Signs” in Chapter 4.06 “Sign Standards”in the Livermore Development Code is hereby amended to read as set forth 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 Development Code, which publication shall only reflect the final language:

Section 5. Severability. If any part of this ordinance is declared invalid by a court, such invalidity shall not affect any of the remaining parts.

The foregoing ordinance was introduced at the meeting of the City Council of the City of Livermore City Council held on November 14, 2022, by the following vote:
600
4 ORDINANCE NO. _____________
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:

Bob Woerner
Mayor, City of Livermore
ATTEST: APPROVED AS TO FORM:
_____________________________ _______________________
Marie Weber Jason Alcala
City Clerk City Attorney
601

CITY COUNCIL STAFF REPORT
ITEM NO. 7.1

DATE:

November 14, 2022
TO:

Honorable Mayor and City Council
FROM:

Brandon Cardwell, Innovation and Economic Development Director SUBJECT:

Discussion and direction regarding the Livermore Cultural Arts Vision entitled: Creative Livermore: A Plan for the Future of the Arts and Culture.

RECOMMENDED ACTION

The Commission for the Arts and staff recommend the City Council discuss and provide direction on the Livermore Cultural Arts Vision entitled: Creative Livermore: A Plan for the Future of the Arts and Culture.

SUMMARY
Staff submits for City Council consideration and discussion the Livermore Cultural Arts Vision entitled Creative Livermore: A Plan for the Future of the Arts and Culture ("Creative Livermore"). The purpose of developing this plan is to:

Engage the community in crafting an ambitious shared vision for the future of the arts and culture in Livermore;
Identify the top arts and culture priorities of residents and community stakeholders; and Establish a framework for decision-making and prioritization of activities and resources over the next 10 years.

Creative Livermore incorporates an evaluation and analysis of the local cultural ecosystem based on the consultant team's research including stakeholder interviews and other public outreach; a benchmarking analysis comparing Livermore with other relevant cities; and the consultant team's knowledge of models and best practices from throughout the country. The result is a set of Key Findings that inform a newly- proposed Community Vision, City Arts Mission, and five (5) thematic Goals to pursue over the coming decade.

DISCUSSION
On June 11, 2007, the City Council adopted the City of Livermore's Cultural Arts Master Plan, entitled artsALIVE!, to guide Livermore's arts and cultural development over the following ten (10) year period.

Despite the financial and staffing challenges that accompanied the Great Recession, implementation of 602
artsALIVE! resulted in several successful outcomes, including the Art in Public Places Program, the Bankhead Theater, and establishment of the Downtown Arts District.

On October 28, 2019, the City Council adopted the 2020-2025 Economic Development Strategic Plan, which includes updating Livermore's Cultural Arts Master Plan. Implementation of the Economic Development Strategic Plan, including updates to the master plan, continued despite the challenges of the COVID-19 pandemic.

On July 17, 2020, the City issued a Request for Proposals (RFP) for the creation of a new arts master plan, described as the Livermore Cultural Arts Vision. Responses to the initial RFP were limited by the ongoing COVID-19 pandemic, and an additional RFP was issued on October 23, 2020.

On January 26, 2021, upon recommendation by its ad hoc subcommittee and after a thorough interview and screening process, the Commission for the Arts (Commission) unanimously voted to recommend the City Council select Barbara Goldstein dba Art Builds Community in partnership with Cusick Consulting (described hereafter as ABC) as the consultant firm to prepare the Livermore Cultural Arts Vision.

On March 22, 2021, the City Council approved the Commission’s recommendation and authorized the City Manager to execute a Professional Services Agreement with ABC to create the new Cultural Arts Vision, pursuant to the following objectives:

Create an ambitious shared vision for the future of arts and culture in Livermore Identify the top arts and culture priorities of residents and community stakeholders Establish a framework for decision-making and prioritization of activities and resources over the next 10 years

Following their selection by the City Council, ABC worked with City staff and community stakeholders over the course of a year to conduct extensive public outreach, including in-depth discussions with more than 30 community stakeholders and direct input from residents, businesses, and visitors via interactive web-based mapping on the coUrbanize platform, an online survey with more than 200 survey responses, online and in-person focus groups, and eleven pop-up events from July 2021 to December 2021. This process was guided by monthly meetings with members of the Commission for the Arts' ad hoc planning committee and periodic meetings with the full Commission.

The resulting Livermore Cultural Arts Vision Plan, entitled “Creative Livermore: A Plan for the Future of the Arts and Culture” (Creative Livermore) relies upon this public outreach as well as the consultant team's knowledge of models and best practices from throughout the country to provide a roadmap for arts and culture investments over the coming decade. Creative Livermore begins with a set Key Findings, or high-level conclusions that define the strengths and weaknesses of Livermore's current cultural ecosystem:

1 .

Livermore is a local arts center with an active creative community and variety of cultural venues where one can experience the arts.
2 .

Livermore has limited opportunities for youth and families to participate in arts activities that are diverse, accessible, and free to all.
3 .

Livermore will require stronger support systems for creative producers, including increased affordable production space for the arts, to sustain and grow its cultural ecosystem.

603
ABC also worked closely with the Commission for the Arts' ad hoc subcommittee, the full Commission for the Arts, and Innovation and Economic Development Department staff to formulate the following Community Vision, City Mission, and Goals:

Vision
: Livermore is a regional destination for the arts with a flourishing cultural ecosystem that encourages participation and inspires diverse thought, conversation, and connection.

Mission
: Strengthen Livermore's arts and culture ecosystem.

Goals
:

Partner with external organizations to create and promote arts and cultural experiences for residents and visitors to the Tri-Valley area
Drive diversity, equity, and inclusion across the arts and culture Support participatory arts and cultural opportunities for youth and families Develop adequate resources and ensure alignment between arts and culture investments and other community priorities
Create access to affordable spaces for artists and arts organizations

Creative Livermore does not include a detailed work program, as the plan is intended to serve as framework for effectively guiding investments in the arts and supporting the development of the local cultural ecosystem over the next ten years. Primarily, the plan will help shape future recommendations in the following areas: Commission activities, budget, and partnerships. Creative Livermore will also help inform community partners interested in aligning their work with City priorities.

On July 28, 2022, the Commission for the Arts unanimously accepted Creative Livermore (Attachment 1) and recommended its presentation to the City Council. Upon adoption, staff and the Commission will develop more detailed programs and recommendations that address the Key Findings and Goals of the plan as part of the City’s workplan and budget development processes, as well as through longer-range planning for more complex projects with longer planning horizons.

In addition to Creative Livermore, a separate toolkit has been provided to City staff that discusses each of the goals, proposes potential strategies to achieve them, and offers tools and models that have been successfully employed in other places. Staff and the Commission can draw upon this toolkit and adapt projects, programs, and policy approaches to fit the local context and align with established priorities over time.

FISCAL AND ADMINISTRATIVE IMPACTS

The Livermore Cultural Arts Vision Plan entitled: Creative Livermore: A Plan for the Future of the Arts and Culture was completed within budget. The vision, mission, and goals it identified will serve as the framework for the arts and culture in Livermore. Staff will develop detailed programs and recommendations that address the key findings and goals of the Plan. This will happen annually as part of the City's workplan and budget development processes, as well as through long-range planning for more complex projects with longer planning horizons. Staff expects the possible addition of a full-time arts coordinator but does not expect any other additional fiscal or administrative impacts resulting from its implementation.

ATTACHMENTS
604

1. Creative Livermore: A Plan for the Future of the Arts and Culture

Prepared by: Theresa De La Vega
Management Analyst

Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
605

CREATIVE LIVERMORE

A PLAN FOR THE FUTURE OF THE ARTS AND CULTURE
2022
ATTACHMENT 1
606

TABLE OF CONTENTS

EXECUTIVE SUMMARY

BACKGROUND

CREATIVE LIVERMORE

RESEARCH FINDINGS

IMPLEMENTATION

APPENDICES
Context
Purpose
Timeline and Methodology
Arts and Culture in Livermore
New Event or Initiative
Strengths
Challenges
Role of the Arts Post-COVID
Biggest Concern Over Arts Expansion
Vision for the Arts in 5 Years
Community Vision
City Mission
Goals
1 2
3 4
5 6
Cover :

Hope, artist FasmCreative, Livermore CA 2020
Children interacting with the pop-up art activity
with the Livermore Poet Laureate. Photo by
Quynh-Mai Nguyen
Airborn, artist Esther Wertheimer, 2004
03 16
17 18
19 20
21 22
23 27
28 24
25 25
26 06
06 08
09 ATTACHMENT 1
607

EXECUTIVE SUMMARY
The City of Livermore is home to a unique convergence of innovation and creative enterprise in sectors as diverse as scientific research, culinary arts, and viticulture. It is a place where ranching heritage thrives, and creativity plays a crucial role in residents’ lives. The people of Livermore enjoy the arts as audience members, funders, volunteers, and participants; and they care deeply about how the arts enrich their families.

PURPOSE
In March 2021, Livermore commissioned a consulting team to evaluate the local cultural ecosystem by analyzing existing programs and facilities and identifying strengths and challenges.

The purpose was to engage the community in crafting an ambitious shared vision for the future of the arts and culture in Livermore, to identify the top arts and culture priorities of residents and community stakeholders, and to establish a framework for decision-making and prioritization of activities and resources over the next 10 years. The plan builds upon the work of the 2007 artsAlive! plan and provides a framework for the coming decade.

TIMELINE AND METHODOLOGY
The consulting team worked with City staff, Commissioners, and community stakeholders over the course of a year. Monthly meetings with the members of the Commission for the Arts’ ad hoc planning committee and periodic meetings with the full Commission guided the planning process. The plan is informed by the team’s research, including stakeholder interviews and benchmarking analysis, as well as the consultant team’s knowledge of models and best practices from throughout the country.
1 1 EXECUTIVE SUMMARY | 03CREATIVE LIVERMORE 2022: A Plan for the Future of the Arts and Culture Livermore High School jazz performing in front of the Bankhead Theater during a community event. Photo by Quynh-Mai Nguyen
ATTACHMENT 1
608
TIMELINE AND METHODOLOGY cont...

Most importantly, this vision for the future of the arts and culture in Livermore is shaped by extensive participation and input from residents, businesses, and visitors. Opportunities for community engagement included interactive web-based mapping on the coUrbanize platform, an online survey, a series of online and in-person focus groups, and eleven pop-up events from July 2021 to December 2021.

THREE KEY FINDINGS
Based on the research, analysis, and input, the consulting team drew three high-level conclusions that define the strengths and weaknesses of the current cultural ecosystem. These are:

Livermore is a local arts center with an active creative community and a variety of cultural venues where one
can experience the arts.

Livermore has limited opportunities for youth and
families to participate in arts activities that are diverse, accessible, and free to all.

Livermore will require stronger support systems for
creative producers, including increased affordable
production space for the arts, to sustain and grow its
cultural ecosystem.

COMMUNITY VISION

FOR THE ARTS AND

CULTURE IN LIVERMORE
Livermore is a regional destination for the
arts with a flourishing cultural ecosystem
that encourages participation and
inspires diverse thought, conversation,
and connection.
1 EXECUTIVE SUMMARY | 04CREATIVE LIVERMORE 2022: A Plan for the Future of the Arts and Culture ATTACHMENT 1
609
Diversity, Equity
& Inclusion
Youth & Family
Opportunities
Regional
Partnerships
Affordable
Arts Spaces
Resources
Develop adequate resources and ensure alignment
between arts and culture investments and other
community priorities.

Drive diversity, equity, and inclusion across the
arts and culture ecosystem.

Support participatory arts and cultural opportunities
for youth and families.

Create access to affordable spaces for artists and
arts organizations.

Partner with external organizations to create and
promote arts and cultural experiences for residents
and visitors to the Tri-Valley area.

GOALS
The characteristics of the current arts ecosystem provide the framework for the plan’s five interlocking goals
(listed below). Targeted intervention by City leadership and community partners will enable Livermore to sustain and grow its creative community and thrive as an arts
destination—one that actively produces and consumes
art and establishes a pipeline for future creators.
1 EXECUTIVE SUMMARY | 05CREATIVE LIVERMORE 2022: A Plan for the Future of the Arts and Culture ATTACHMENT 1
610

BACKGROUND

CONTEXT
Livermore’s western heritage is evident in its name, a tribute to local rancher Robert Livermore. This history, along with the City’s viticulture community, science and technology labs, and innovative spirit help define its unique character. The community is also powered by arts and culture. Residents enjoy the arts in a variety of ways: as avocational artists, arts lovers, arts supporters, and arts professionals from a broad array of traditions.

Thirty-two volunteer-led arts organizations provide opportunities for people to participate in numerous forms of art and cultural activity. Community members can enjoy traditional, audience-based art forms through Livermore Valley Opera, Livermore-Amador Symphony, and Shakespeare & Performing Arts Regional Company (SPARC); they can support creative entrepreneurs through the BATCH: Maker’s Market and Livermore Valley Made initiative; and participate in diverse cultural experiences offered by groups such as the Filipino Barrio Fiesta, Cheza Nami, and Grupo Folklorico Tlapalli. 2 2 BACKGROUND | 06CREATIVE LIVERMORE 2022: A Plan for the Future of the Arts and Culture Welcome Home, artist Cameron "Camer1SF" Moberg, 2021
ATTACHMENT 1
611
artsALIVE! - THE 2007

CULTURAL PLAN FOR LIVERMORE
artsALIVE!, the City of Livermore’s last arts and cultural plan, was completed and adopted by City Council in 2007, shortly before the Great Recession. The plan included four principal strands as the basis for its recommendations:

Promote a unique sense of place—creation of a cultural
district and development of facilities
Ensure visibility and vitality of cultural arts organizations, artists, and educators
Support a diverse range of publicly accessible options
Provide long-term, sustainable resources
Certain key elements of the plan were successfully implemented, especially given the economic times. These include:

The development of First Street and the surrounding
area into a lively regional destination for dining, shopping, arts, and entertainment. The Commission for the Arts has contributed to this by supporting sculpture, murals, and arts activities downtown. The area around First Street has also become a cluster of live music venues in restaurants and bars.

The Bankhead Theater was completed and is highly active.

It includes a 500-seat auditorium, an outdoor plaza, and an indoor gallery.

The City adopted a public art requirement and has
begun building a public art collection.

The City, through the Commission for the Arts, provides small grants to support arts organizations and activities in Livermore.

Other aspects of the plan have yet to be realized, including a more centralized and coordinated approach to supporting, managing, and marketing the arts in Livermore, an increased diversity of cultural offerings, and adequate resources to support accessible arts activities. 2 BACKGROUND | 07CREATIVE LIVERMORE 2022: A Plan for the Future of the Arts and Culture The Doors, artist Maria Alguilar, 2004
ATTACHMENT 1
612

PURPOSE
The City of Livermore commissioned Art Builds Community to evaluate the local cultural ecosystem and identify strengths and weaknesses. The purpose was to:

Create an ambitious shared vision for the future of arts and culture in Livermore.

Identify the top arts and culture priorities of residents and community stakeholders.

Establish a framework for decision-making and prioritization of activities and resources over the next 10 years.

The team was tasked with identifying local cultural resources, evaluating existing cultural programs and facilities, and benchmarking them against a select group of cities. The results of this analysis are presented in several sections of the plan, as well as in the detailed appendices. Further, the team was tasked with developing ways to illustrate how support for the local arts and cultural ecosystem could contribute to civic pride, place- making, and economic development.

Upon adoption the plan will be utilized in the following ways. With every two-year budget cycle, staff and the Commission for the Arts will develop goals and priorities for arts and culture investments that are consistent with this plan and take into consideration other inputs, including but not limited to:

City Council-adopted goals and priorities;
Broader land use, economic development, and quality of
life objectives; and,
Opportunities to partner with external organizations to achieve mutual goals.

In addition, the plan will help inform community partners interested in aligning their priorities with the City’s arts and culture goals. 2 BACKGROUND | 08CREATIVE LIVERMORE 2022: A Plan for the Future of the Arts and Culture Shiva-Vishnu Temple, Livermore, photo by Jessica Cusick ATTACHMENT 1
613

TIMELINE AND METHODOLOGY
The consulting team worked with the City and community stakeholders over the course of a year, starting in April 2021. The work was guided by monthly meetings with the Commission for the Arts’ ad hoc planning committee, and periodic meetings with the full Commission.

The plan is informed by the team’s research and knowledge of models and best practices from throughout the country. Most importantly, this vision for the future of the arts and culture in Livermore was shaped by extensive participation and input provided by Livermore’s residents, businesses, and visitors.

TIMELINE
April 2021
Project Initiation
May 2021 - February 2022
Monthly Ad Hoc Committee Meetings
May 2021 - January 2022
coUrbanize Mapping
May 2021 - December 2021
Stakeholder Meetings
August 2021 - December 2021
Artist-Led Outreach
June 2021 - January 2022
Focus Groups and Pop-Ups
January 2022 - April 2022
Plan Development and Review
November 2022
Plan Adoption
2 BACKGROUND | 09CREATIVE LIVERMORE 2022: A Plan for the Future of the Arts and Culture Top image: Art Builds Community tour of
Livermore Shakes. Photo by Quynh-Mai Nguyen
Bottom image: Art Builds Community tour of art exhibited in the Bankhead Theater. Photo by Quynh-Mai Nguyen
ATTACHMENT 1
614
“There is a lot of diversity here and I would like to see [public art] pieces made to recognize and acknowledge
the diversity, minorities, and first peoples...”
- Focus Group Participant

METHODOLOGY
Research
The consulting team conducted extensive research to develop Creative Livermore. They analyzed the outcomes of the 2007 artsALIVE plan, interviewing individual community stakeholders and conducting bench- mark studies of the public art programs, cultural facilities, and other arts programming in a select group of cities, including Livermore’s immediate neighbors. The research and community outreach were built on a list of core questions about the arts and culture in Livermore. (Appendix 1)
Stakeholder Interviews
The consulting team spoke with more than 30 community leaders and stakeholders identified by the ad hoc planning committee members and City staff. (Appendix 2)

TAKE-AWAYS
Downtown Livermore is a major asset, a community “living room” where everyone comes together. The presence of the arts, ranging from the Bankhead Theater events and murals to free concerts and the nearby Bothwell Arts Center, all contribute to its vitality.

There is agreement about the importance of completing the Quest Science Center and the SPARC Theater and about the value of these planned cultural assets.

Virtually everyone voiced the need to engage more diverse community members in the arts—as audience members,
presenters, performers, volunteers, and leaders.

Many people noted the importance of live music in Livermore and the range of venues and styles available.

Livermore has a good selection of arts resources and offerings; however, it needs to include more:
free activities;
community-oriented activities;
fully accessible activities for people from a wide
array of backgrounds, ages, and abilities;
participatory opportunities;
diverse cultural representation; and
financial stability for the existing arts and culture
nonprofit organizations.

Nonprofit organizations, community groups, and artists are challenged to find affordable space for meetings, rehearsals, events, and storage.

While Livermore enjoys tremendous volunteer participation and engagement in the arts, participants, volunteers, and audiences are aging, and there is a need to cultivate new supporters.

Stakeholders want the City to provide greater support for the arts, including larger grants, increased programs for youth and families, and access to affordable space.
2 BACKGROUND | 10CREATIVE LIVERMORE 2022: A Plan for the Future of the Arts and Culture ATTACHMENT 1 615
Benchmark Studies
The ad hoc planning committee and City staff identified cities to serve as benchmarks for the consultant’s research. These include the Bay Area cities of Dublin, Mountain View, Palo Alto, Pleasanton, San Ramon, and Walnut Creek. Other cities include San Luis Obispo, Asheville, NC, and Ashland, OR.

The benchmark studies looked specifically at public art programs, as well as at the presence and structure of cultural facilities, with a focus on performing arts facilities. In addition, the team looked at staffing and support for all cultural programs in Pleasanton and Dublin. While the key findings are included below, detailed charts are available in Appendices 5 and 6.

PUBLIC ART
Bay Area Benchmark Cities
Three of the six Bay Area cities require between
.5% and 1% private development fee that supports
public art.

Five of the six Bay Area cities provide an in-lieu
payment option that ranges between .45% and .5%.

All Bay Area cities fund public art in public (civic)
construction at 1% of the construction costs of a
major city project.

One local city provides funding at .5% from underground construction and structured parking facilities, nonprofit owned buildings, and hospitals.

Non-Bay Area Benchmark Cities
The three benchmark cities outside of the Bay Area require a .5% private development fee with the option to pay an equivalent in-lieu fee into the public art program.

The three benchmark cities outside of the Bay Area require a minimum of .5% up to 1% to fund public (civic) art projects.

All Benchmark Cities
Six of the cities’ funding also supports areas such as restoration, conservation, education programs, and program administration.

All the cities receive additional support from one of the following:
foundations, private donations, or grants.

All the cities have professional-level support for their public art programs, and several of them include more than one full-time staff person.

As a point of comparison, Alameda County, Livermore’s home, has five full-time staff in its public art program and sets aside 2% for art in its capital construction.

Livermore can align its public art program with the benchmark cities in the following ways:

Develop a vision that integrates public art with the City’s urban design and neighborhood goals.

Explore more flexibility in the use of public art funds.

Seek grants and sponsorships to support artists and
arts organizations that provide fully accessible, citywide programming.
2 BACKGROUND | 11CREATIVE LIVERMORE 2022: A Plan for the Future of the Arts and Culture ATTACHMENT 1 616

CULTURAL CITIES
In comparison to the benchmark cities, and assuming the completion of the SPARC Theater and Quest Science Center, Livermore’s performing arts facilities will continue to support its success as a regional arts destination.

This is partly due to community-based performing arts facilities, including Las Positas College and many informal venues. There are also nearby facilities in Dublin and Pleasanton where Livermore’s arts organizations and artists can present their work.

The following is a summary of the key findings regarding cultural facilities in the benchmark cities versus in Livermore:

The benchmark cities have more publicly owned and operated performing arts spaces. For example, in Dublin, Mountain View, and Pleasanton the facilities are operated and maintained by city staff.

Most benchmark cities have moved away from a resident
company model toward partnerships that promote more
efficient planning and use of space.

In many of the benchmark cities, publicly owned facilities receive staffing and/or a public operating subsidy.

Additional items of note regarding cultural facilities in Livermore:

Production costs of the Bankhead Theater are relatively fixed regardless of the size of the audience or revenue potential of the programming, which means many of Livermore’s smaller performing arts organizations have difficulty utilizing the theater.

The Bothwell Arts Center serves a critical function in the community, providing space for rehearsals, studios, classes, and small performances. However, it is antiquated and does not meet the demand.

Artists and residents are eager to see professional-quality gallery space in Livermore. While a commercial gallery is unlikely to be viable for economic reasons, the City can explore ways to expand and improve existing exhibition/gallery
options.

One of the largest challenges facing arts producers in most California cities is the lack of affordable space for production (studio, rehearsal, storage, etc.). This is also true in Livermore and impacts the growth and health of the cultural ecosystem. 2 BACKGROUND | 12CREATIVE LIVERMORE 2022: A Plan for the Future of the Arts and Culture Whale murals by artist Darren Greenwood, located at the Livermore Water reclamation plant in 2010.

ATTACHMENT 1
617
“...not a lot of people are working on a professional level, making a living from their art.
[I] want to see the city start more programs rather than one-time installations–music/art incubators, spaces for artists, residencies...” - Focus Group Participant

ART SUPPORT IN NEIGHBORING CITIES
Pleasanton and Dublin support a wide range of participatory and community-centered arts programming in City facilities.

Both cities provide space and staff resources for arts classes and activities through the General Fund, partially offset by class fees and rental income. Dublin has one FTE staff member in its Civic Arts & Special Events section who supports arts activities.

Pleasanton’s Library and Recreation Department budget provides both full-time and substantial part-time staff to support arts classes and camp activities. Five City staff members manage and support the Firehouse Art Center.

Pre–COVID, Dublin’s Museum and Heritage Center staff included one FTE and three part-time program support positions, in addition to recreation leaders who supported tours and volunteers, plus contract staff leading arts classes.

Dublin’s historian and poet laureate are City appointed volunteer positions.

Unlike its neighboring cities, where the arts are an element of library and recreation departments, Livermore Area Recreation and Park District (LARPD) provides limited arts programming. 2 BACKGROUND | 13CREATIVE LIVERMORE 2022: A Plan for the Future of the Arts and Culture The Livermore Amador Valley Transit Authority (LAVTA) art shelter program supports local artists to create art on the shelters to prevent vandalism.

ATTACHMENT 1
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My heart is an artist,
My heart is made of jello!
My heart dreams of coconuts,
My heart hungers for fruits and vegetables,
My heart holds/carries trust,
My heart broke when someone hurt my feelings,
My heart sings/dances when the music starts,
When I'm creative, my heart is a hummingbird,
My dream for art in Livermore is a giant card for Livermore! - Zoey W., Barrio Fiesta Pop-Up
2 BACKGROUND | 14CREATIVE LIVERMORE 2022: A Plan for the Future of the Arts and Culture Community Engagement
Community engagement activities were offered between
July and December 2021.

Pop-Ups
The consultants and poet laureate Cynthia Patton
both hosted tables at community events, including
at the farmer’s market and the libraries, the Filipino
Barrio Festival, the Livermore Pridefest, ArtWalk,
and Batch Markets. More than four hundred people
stopped by, participated in a poetry or craft activity, provided feedback, and engaged in the planning
process.

Focus Groups
The consultants conducted four online and one
in-person focus group conversations that included
artists, businesses, and residents. One online group
focused specifically on the Springtown neighborhood,
and the in-person group convened arts leaders from
the Black, Indigenous, People of Color (BIPOC)
communities. Almost one hundred community
members participated in these conversations about
the future of Livermore’s arts and culture.

Top image: A young girl participated in the artist led outreach poetry project where she wrote her own poem and made it into a beaded necklace. Photo by Quynh Mai Nguyen Bottom image: Group of community members engaging in the artist led outreach at a pop-up event. Photo by Quynh Mai Nguyen
ATTACHMENT 1
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Community Engagement cont.

Online Survey
An online survey was built around the same core questions as the interviews, with 212 people completing it. A complete set of the responses is available in Appendix 3. Respondents included 158 residents, five business representatives, and 20 visitors.
coUrbanize
coUrbanize is an interactive online tool that allows participants to map aspects of the community that they feel are important. In Livermore, people were asked to map existing arts and cultural resources, as well as to indicate locations they felt would benefit from public art. Maps are available in Appendix 4.

My heart is a beating fountain
of energy and life force,
In(side) my heart is all
my loving relations,
My heart hungers/thirsts for peace,
justice, and equity for all,
My heart is made of cells,
blood, passion, desire,
My heart holds/carries love for
all the beauty of the world,
My heart broke when I learned
of the desecration of our planet,
My heart misses dancing
contra with community,
My heart hopes/dreams of a
sustainable, nurturing future
for all beings,
My dream for Livermore is access
for all people to express and enjoy
our innermost feelings,
- Ann B.

Batch Makers
Market Pop-Up
2 BACKGROUND | 15CREATIVE LIVERMORE 2022: A Plan for the Future of the Art and CultureCREATIVE LIVERMORE 2022: A Plan for the Future of the Arts and Culture coUrbanize map that provides locations that community members identified where they would like to see more public art in Livermore.

ATTACHMENT 1
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RESEARCH

FINDINGS
During the planning process, the consulting team, the ad hoc committee, residents, and staff explored the status of arts and culture in Livermore. A picture of a dynamic cultural community emerged revealing many strengths, and some
significant weaknesses. The team developed an understanding of the participants’ vision for the future of Livermore’s arts and the many ways people envision the creative sector
contributing to their lives. Residents and stakeholders alike view the arts as an essential part of what makes Livermore a special place to live, work, and play.

The following is what emerged, organized around the areas of focus that are reflected in the core questions.
3 3 RESEARCH FINDINGS | 16CREATIVE LIVERMORE 2022: A Plan for the Future of the Arts and Culture Art Builds Community engaged with community members at downtown festivals to gather input about the public art and cultural events they want in Livermore. Photo by Quynh-Mai Nguyen ATTACHMENT 1
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Overall, participants feel that Livermore has a broad selection of cultural resources and that arts and cultural offerings have increased over time. And people want to actively participate in the arts by experiencing:

More choices and activities for teens and young adults; Free arts opportunities that are accessible to people of all ages, backgrounds, and abilities;
A broader variety of culturally diverse art forms; and
Newly commissioned and presented artworks.

Participants feel that existing arts and culture nonprofit organizations need additional support to better serve the community, including:

Funding and other resources;
Affordable space for a full range of cultural activities, from studios and rehearsal space for art production
to gallery space and storage space;
Partnerships to promote and support more diverse art
forms; and
Coordination among the arts and cultural organizations
on marketing and calendars, to expand awareness, and
broaden audiences.

Participants stressed the importance of understanding the Tri-Valley region as an interdependent arts community and fostering collaboration and partnerships that extend beyond a single city.

ARTS AND

CULTURE IN

LIVERMORE
3 RESEARCH FINDINGS | 17CREATIVE LIVERMORE 2022: A Plan for the Future of the Arts and Culture Filipino dancers and community members enjoying the Filipino Barrio Festival.

Photo by Quynh Mai Nguyen
ATTACHMENT 1
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When asked what single new initiative they would like to see, most participants suggested a universally accessible, regional event that would bring the whole community
together.

Suggestions include:

A free, multi-venue, regional, multicultural,
music festival that highlights the wide range
of local musicians and venues.

An arts and wine festival that can build on
two of Livermore’s strengths.

Many participants wanted more opportunities to enjoy
visual art, particularly changing displays, such as a sculpture garden with rotating installations, a series of art billboards, or an outdoor gallery.

NEW EVENT

OR INITIATIVE
3 RESEARCH FINDINGS | 18
Wineries are an important part of the agriculture in Livermore. The image shares photographs of a winery.

ATTACHMENT 1
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Livermore’s cultural facilities, both existing
and planned, are a community asset.

Downtown Livermore is an active focal point,
a gathering place, and a resource for arts
and culture.

The lively and active music scene features a
variety of musical genres.

There is a broad selection of regional arts
opportunities, especially in performing arts.

Parks, wineries, historic buildings, and Las Positas
College are potential arts venues.

Livermore benefits from tremendous volunteer
participation and support for the arts.

STRENGTHS
3 RESEARCH FINDINGS | 19CREATIVE LIVERMORE 2022: A Plan for the Future of the Arts and Culture Top Image: Local business owner Fortune Emporium creates engaging festivals with performances from local performers and opportunities to buy from local artists. Photo by Quynh-Mai Nguyen
Bottom Image: Wineries have the potential to support the regional performing arts.

ATTACHMENT 1
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- BIPOC Focus Group Participant

CHALLENGES
There is a desire for more participatory arts activities, including social dances, classes, and opportunities to
create art.

There are inadequate arts offerings for teens and
young people.

Despite the mild climate, there are not enough
outdoor arts activities.

Parks and historic buildings are an underused
arts resource.

In many communities, the arts, along with parks, are the purview of community services departments. In Livermore, parks and recreation are not a component of the City but delivered by a separate organization. This creates a unique challenge.

The Bankhead Theater and other existing cultural spaces have limited availability for local performing arts organizations due to the current scheduling models and cost.

The City of Livermore’s cost recovery model is prohibitive for artists and arts organizations hosting events or meetings in City facilities.

Volunteers and audiences are aging and becoming less
representative of the Tri-Valley’s changing demographics.

There is a universal desire to engage a broader and more representative cross-section of the community in the arts.

Barriers to participation, such as cost, access, awareness, and diversity of offerings, need to be lowered.

The arts and cultural expressions of diverse cultural groups, such as the Hindu and Latino communities, which have a
strong presence in the area, are not universally accessible beyond the confines of their communities.
“We need more diverse
arts advocates in high
City Positions...”
3 RESEARCH FINDINGS | 20CREATIVE LIVERMORE 2022: A Plan for the Future of the Arts and Culture ATTACHMENT 1
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The arts are a reason for people to re-emerge and to
come together.

The arts have proven to be effective tools for enhancing wellness, and arts programming can provide healing
support for the community.

ROLE OF THE

ARTS POST COVID
3 RESEARCH FINDINGS | 21CREATIVE LIVERMORE 2022: A Plan for the Future of the Arts and Culture Top Image: The Livermore community and regional community members participate as vendors in the art festivals located downtown. Photo by Quynh Mai Nguyen Bottom Image: Sunflower Sculpture, Patricia Vader, 2017 “When I'm creative,
my heart enjoys
time...”
- anonymous
ATTACHMENT 1
626
“...my dream for art in Livermore is
L.E.D. structures, a jazz/blues club
like Yoshis”
- anonymous
There is substantial concern about arts funding and where it might come from.

The Chamber of Commerce is concerned about a potential increase to the current arts development requirement, arguing that the business community already supports the arts in Livermore through both the existing art fee and contributions.

BIGGEST CONCERN

OVER ARTS EXPANSION
3 RESEARCH FINDINGS | 22CREATIVE LIVERMORE 2022: A Plan for the Future of the Arts and Culture Community members enjoy an outdoor dance performance in a Livermore park setting.

ATTACHMENT 1
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ART SUPPORT IN NEIGHBORING CITIES
Pleasanton and Dublin support a wide range of participatory and community-centered arts programming in City facilities.

Dublin’s historian and poet laureate are City appointed volunteer positions.

Unlike its neighboring cities, where the arts are an element of library and recreation departments, Livermore Area Recreation and Park District (LARPD) provides limited arts programming.

When asked about their vision for the arts
in five years, participants cited the following
priorities:

VISION FOR

THE ARTS IN
5 YEARS
“My dream for art in
Livermore is accessibility
to all and art that
connects us from age
0-100.”
- Poetry Workshop
Participant
All existing cultural resources are flourishing.

The SPARC Theater and the Quest Science Center are open.

The City of Livermore commits additional staff and financial resources to arts priorities.

The Bothwell Arts Center has been renovated or replaced. 3 RESEARCH FINDINGS | 23CREATIVE LIVERMORE 2022: A Plan for the Future of the Arts and Culture ATTACHMENT 1
628
CREATIVE LIVERMORE:

VISION, MISSION, AND GOALS
The consulting team worked with
the ad hoc planning committee, the
Commission, and Innovation and
Economic Development Department
staff to formulate the following vision,
mission, and goals. Collectively, they
reflect the community’s aspirations and
map out ways to achieve them over the
next ten years.
4 4 CREATIVE LIVERMORE: VISION, MISSION, AND GOALS | 24CREATIVE LIVERMORE 2022: A Plan for the Future of the Arts and Culture A 500-seat audience capacity view from the Bankhead Theater stage.

Photo by Quynh-Mai Nguyen
ATTACHMENT 1
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VISION
Livermore is a regional destination
for the arts with a ﬂourishing cultural
ecosystem that encourages participation
and inspires diverse thought, conversation,
and connection.

MISSION
Strengthen Livermore’s arts
and culture ecosystem.
4 CREATIVE LIVERMORE: VISION, MISSION, AND GOALS | 25CREATIVE LIVERMORE 2022: A Plan for the Future of the Arts and Culture Taking Flight, artist
Seth Vandable, 2015
ATTACHMENT 1
630
“When I'm creative, my heart grows,
swells, sings ...My dream for art in
Livermore is to reach everyone and
give everyone an opportunity to
express themselves.”
- anonymous
GOALS
Arts and culture contribute to Livermore’s
livability and economic strength. The city can
realize its vision for the arts by considering
the needs of the current cultural ecosystem
and developing strategies to address them.

Achieving its goals will provide professional
development opportunities for creative practi -
tioners and empower arts organizations and
artists to expand entertainment, participatory,
and educational opportunities for residents and
visitors. This will stabilize and support existing
arts infrastructure and provide the tools and
resources to expand the community’s cultural
life in meaningful ways over the coming decade.

The needs and aspirations of the current arts
ecosystem resulted in the plan’s five interlocking
goals. Targeted intervention by city leadership
and community partners will enable Livermore
to sustain and grow its creative community and
thrive as an arts destination; one that actively
produces and consumes art and provides a
pipeline for future creators.

Partner with external organizations to
create and promote arts and cultural
experiences for residents and visitors to
the Tri-Valley area.

Drive diversity, equity, and inclusion
across the arts and culture.

Support participatory arts and cultural
opportunities for youth and families.

Develop adequate resources and
ensure alignment between arts
and culture investments and other
community priorities.

Create access to affordable spaces
for artists and arts organizations.
4 CREATIVE LIVERMORE: VISION, MISSION, AND GOALS | 26CREATIVE LIVERMORE 2022: A Plan for the Future of the Arts and Culture ATTACHMENT 1
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IMPLEMENTATION
This framework for the arts and culture is intended to assist the City of Livermore in effectively guiding investments in the arts and supporting the development of the local cultural ecosystem over the next ten years. Primarily, the plan will help shape future recommendations in the following areas: Commission activities, budget, and partnerships. It will also inform community partners interested in aligning their work with City priorities. Staff will develop detailed programs and recommendations that address the key findings and goals of the plan. This will happen annually as part of the City’s workplan and budget development processes, as well as through longer-range planning for more complex projects with longer planning horizons.

A separate toolkit provided to City staff discusses each of the goals, proposes potential strategies to achieve them, and offers tools and models that have been successfully employed in other places. Staff and the Commission for the Arts can draw on this toolkit and adapt projects, programs, and policy approaches to fit the local context and align with established priorities over time. 5 5 IMPLEMENTATION | 27CREATIVE LIVERMORE 2022: A Plan for the Future of the Arts and Culture Temporary textile public art adorns a downtown
tree for the unexpecting viewer.

ATTACHMENT 1
632
Appx 1 CORE QUESTIONS 29
Appx 2 LIST OF INTERVIEWS 30
Appx 3 SURVEY RESULTS 31
Appx 4 COURBANIZE MAP AND COMMENTS 42
Appx 5 PUBLIC ART BENCHMARK CHART
S 45
Appx 6 CULTURAL FACILITIES BENCHMARK CHART 48
Appx 7 OUTLINE OF POTENTIAL GRANT PROGRAMS 49
Appx 8 INFORMAL MUSIC VENUES IN LIVERMORE 53
Appx 9 LIST OF POP-UP EVENTS 55

APPENDICES
6 6 APPENDICES | 28CREATIVE LIVERMORE 2022: A Plan for the Future of the Arts and Culture ATTACHMENT 1
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Which best describes you, or the non-profit
or business that you represent?
What arts and cultural activities do you
participate in regularly in Livermore?
What type of arts and cultural activities would
you like to see more of?
If you could ask the City to develop one new
cultural event or initiative what would it be?
What do you think are Livermore’s strengths
when it comes to the arts and culture?
How would you describe the creative economy
or cultural infrastructure of Livermore?
What new opportunities do you envision for
the arts and culture in Livermore?
As the community emerges from the pandemic, is
there a particular role or opportunity that you can
see the arts and culture contributing to?
Are there innovative approaches to supporting the
creative economy that you would like to see developed
in Livermore?
Are you familiar with (were you involved with)
the previous cultural plan, artsALIVE!, from 2007?
If yes, is there one recommendation from that plan
that has yet to be implemented that you think is
particularly important?
What do you see as the primary challenges to
expanding the arts and culture in Livermore?
What do you hope this cultural plan could accomplish?
What is your vision for the arts in your community
in five years?
Who do you think needs to be enlisted to accomplish
your vision?
Q01
Q02
Q03
Q04
Q05
Q06
Q07
Q08
Q09
Q10
Q11
Q12
Q13
Q14
Appendix 1 | QUESTIONS FOR RESEARCH AND OUTREACH
6 APPENDIX 1 - CORE QUESTIONS | 29CREATIVE LIVERMORE 2022: A Plan for the Future of the Arts and Culture ATTACHMENT 1
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Appendix 2 | LIST OF INTERVIEWS - STAKEHOLDERS
Charlene Anderson
Associate Director,
Tri-Valley Conservancy
Dawn Argula
CEO, Livermore Valley
Chamber of Commerce
Anwan Baker
Director of Library Services,
Livermore Public Library
Arthur H. Barinque
Artist, Community Organizer
Stephanie Beasly
Community Relations Officer,
Sandia National Laboratories
Will Bolton
President, Livermore
Heritage Guild
Nadia Breiz
Fortune Emporium
Chris Carter
Executive Director, Livermore
Valley Performing Arts
Sheila Fagliano
President, Livermore Rodeo
Stockmen’s Association
Tracy Farhad
CEO, Visit Tri-Valley
Dr. Dyrell Foster
President, Las Positas College
Alan Frank
President, Livermore Amador
Symphony Association
Mat Fuzie
General Manager, Livermore Area
Recreation and Park District
Anne Giancola
Visual Arts Manager, Livermore
Valley Performing Arts
Nadine Horner
External Relations Officer,
Lawrence Livermore National
Laboratory
Jennifer Koidal
General Manager, San Francisco
Premium Outlets
Scott Lanphier
Director of Public Work,
City of Livermore
Amy Mattern
Dean of Arts and Humanities,
Las Positas College
Catherine Ndungu-Case
President, Cheza Nami
Cynthia Patton
Livermore Poet Laureate
Michelle Dawson
Coordinator of Community
Engagement, Livermore Valley
Joint Unified School District
Marc Roberts
City Manager, City of Livermore
Jim Schmidt
Past President,
Livermore Valley Opera
Joan Seppala
Founder and Publisher,
The Independent
Carolyn Siegfried
Past President, Rotary Club
of Livermore
Rachel Snedecor
Executive Director,
Livermore Downtown Inc.

Paul Spence
Community Development
Director, City of Livermore
Trent Thompson
Owner and Creative Director,
Only Up Gallery
Lisa Tromovitch
Founding Artistic Director,
Livermore Shakespeare Associates
Beth Trutner
President,
Livermore Cultural Arts Council
Kenny Way
Operator, Vine Cinema
and Alehouse
Ashley Wheeler
Co-community Leader,
Del Arroyo 4H Club
Christine Wente Von Metzch
President, Wente Foundation
for Arts Education
CREATIVE LIVERMORE 2022: A Plan for the Future of the Arts and Culture 6 APPENDIX 2 - LIST OF INTERVIEWS | 30 ATTACHMENT 1
635
Appendix 3 | SURVEY RESULTS
Art classes
Livermore Performing Arts Center
Visit galleries
Visit public art installations
Attend performing art events (e.g. theater, concerts, etc.) Attend lectures, symposia, etc.

Participate in digital or media art events
Attend festivals, such as the mural festival
Spoken word events
Other (please specify)

36.19%

00.48%

50.00%

52.86%

65.71%

20.95%

21.90%

63.81%

10.00%

14.76%
Respondents of 212
76 1
105
111
138
44 46
134
21 31
210
Other (please specify)
Open studio events
Attend Livermore art shows
School
Multicultural events, crafts
Being in theater productions
Library events
Home art
Batch Makers Market
Critique group
Visual art shows
Camera club
Critique group
Teach art
Farmers market
Writing events and sessions where we share written pieces Various ethnic festivals (they usually feature art and culture) Strictly zoom concerts for now
Livermore schools art and music events
Play music with various groups
Play music with ensembles in other Bay Area cities
House concerts, music at wineries, film festivals
Poetry readings, live music
Historical site events (LHG)
Enter and attend art shows
Art in the environment
I don't
N/A (x5)
Q01 What kinds of arts and cultural
activities do you regularly
participate in? Please check
all that apply.
210 Respondents of 212
6 APPENDIX 3 - SURVEY RESULTS | 31CREATIVE LIVERMORE 2022: A Plan for the Future of the Arts and Culture ATTACHMENT 1
636

4.99 4.83

4.31 4.41

2.54 4.05

DISTRIBUTION OF RATINGS
1 2 3 4 5 6 Score | Total
percentage of category (# of respondents)
Visual arts activities
Performing arts activities
Arts activities for families and children
A signature festival or event
Digital or media art events
Multi-cultural activities

50.98% (78) | 15.03% (23) | 22.22% (34) | 7.84% (12) | 1.96% (3) | 1.96% (3)

32.14% (45) | 40.00% (56) | 16.43% (23) | 3.57% (5) | 5.71% (8) | 2.14% (3)

22.56% (30) | 24.06% (32) | 33.83% (45) | 5.26% (7) | 9.77% (13) | 4.51% (6)

18.84% (26) | 36.23% (50) | 21.01% (29) | 16.67% (23) | 5.80% (8) | 1.45% (2)

0.00% (0) | 9.88% (8) | 22.22% (18) | 9.88% (8) | 28.40% (23) | 29.63% (24)

22.56% (30) | 21.80% (29) | 26.32% (35) | 9.77% (13) | 6.02% (8) | 13.53% (18)

4.99 | 153

4.83 | 140

4.41 | 138

2.54 | 081

4.05 | 133
Appendix 3 | SURVEY RESULTS
Multi-cultural activities
Digital or media art events
A signature festival or event
Arts activities for families and children
Performing arts activities (e.g. theater, dance, concerts, etc) Visual arts activities (e.g. public art, art shows, etc) Q02 What type of arts and cultural activities would you like to see more of in Livermore? Please rank the
following, with 1 being the highest.
210 Respondents of 212
6 APPENDIX 3 - SURVEY RESULTS | 32CREATIVE LIVERMORE 2022: A Plan for the Future of the Arts and Culture ATTACHMENT 1
637
Appendix 3 | SURVEY RESULTS
Q03 If you could ask for one new art or cultural event
or intiative in Livermore, what would that be?
Answered: 186 | Skipped 25
6 APPENDIX 3 - SURVEY RESULTS | 33CREATIVE LIVERMORE 2022: A Plan for the Future of the Arts and Culture

ART EVENT
Farmers market/makers events (x2)
Neuro-diverse art events (x2)
Juried art show on 1st St over weekend
Different art classes for kids, different types
of art media such as sculpting and
ceramics, not just drawing or coloring.

Kids art activities (x2)
Stockmen’s Park activities (x2), continue
black box theater support
More Mexican artists
Community activity stations, stuff like this
workshop is fun! (x2)
Art classes (x2)
Poetry slam (x2), photography classes
Murals (x4)
Maybe an event such as this one where
kids and adults alike can participate and
use their creativity
We like the art walk and how about
Shakespeare in the Park (x2)
Meetup events for young adults, art events
Art on the 4th of July with fireworks
Chalk murals with families
Utilitarian art sculptures, art play
sculptures
A public gallery (x3) with regular hours
and welcomes children, collaborative
community art and culture events
Off-broadway play (x2)
Youth exhibitions (x2)
Mental health art therapy
Low cost children’s art programs, live music
and hands-on art experiences (x2)
Ceramic classes
Lightshow against Bankhead Theater
A Museum Of Modern Art Livermore
A signature annual art and music festival,
perhaps with wineries hosting both music
and art, or at one location downtown in the
green area near
Photography only shows
A combined visual/performing arts event (x6)
One large event incorporating all of the arts
in one outdoor space for a weekend. (I’m
remembering the Festival of the Arts held in
Carnegie Park in the 1970s. There were stages
on each corner of the park with visual arts
displayed on big panels, quartets that
roamed around, kids art related activities.)
Addition of Murals and art to Las Positas
College Campus. The students would love
funding to have more art and art that
represents us, inclusivity, togetherness, and
love!
Freeway presence art-microbrewery-
wine-food as described in the VISION 2010
Working Landscape Plan.

1. More Filipino and 2. Hispanic or
Native American art.

Annual Art Festival (x3)
High end theater that attracts big names
A student/youth centered music and art
festival in cooperation with area schools
and local arts organizations inclusive of
traditional and multi cultural genres
City wide art day with the ability for
anyone to participate and create art.

Youth arts - using the arts to empower
youth to express their feelings, concerns,
ideas. They could be mentored by
experienced artists in our community and
beyond.

I think something like the museum of ice
cream would be fantastic!
Native plants as art. Promote native plants
in public spaces and appreciate nature as
art. Too many public places feature the
same old plantings: society garlic,
rosemary, daylilies, eponymous hedges...
yawn.

Painting in the park
Community musical theater (x2)
Cultural Event
Music festival (x2) cooperation with
sporting events (e.g. cycling race weekend
+ wine fest + outdoor music)
Livermore History Museum, comparable
to Pleasanton’s Museum on Main
Kids Music Festival
Folk dance festival
Amphitheatre for summer symphony
concerts ala tanglewood
A multicultural event (x3) celebrating all
our residents’ cultures in the same place
Maybe a woman of color or woman in the
arts history event learning about stolen
music, stolen credit, and how that affects
the art we have today. And maybe adding
youth to it.

Art & Wine Festival (x2)
I would want a festival like Splatter
Signature festival or event (x2)
Day of the Dead Festival and more art
classes
Mexican culture
More festivals (x2)
Small venue jazz/boogie woogie
Native American and Indigenous festivals
Trans march (x2), family day in the park
Cultural parade
Asian Food Festival, Local Music & Brewer
Festival
More fairs with vendors
Islamic/Muslim history cultural event to
educate more people
Celtic music
Local art history
Cultural festival with lots of booths and
family fun
Jazz & Blues Festival with wineries —
“Reds, Whites & Blues”
Diversity of cultural contributors to art
events.

ATTACHMENT 1
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Appendix 3 | SURVEY RESULTS
Q03 If you could ask for one new art or cultural event
or intiative in Livermore, what would that be?
Answered: 186 | Skipped 25
6 APPENDIX 3 - SURVEY RESULTS | 34CREATIVE LIVERMORE 2022: A Plan for the Future of the Arts and Culture ART EVENT cont.

Livermore Heritage Fun Day where people/-
schools dress up like 1800’s Ranchers and
Goingto-Meeting outfits ... especially vendor
themed tents on First Street celebrating the
founding of Livermore.

More live music outdoors (x3). Scheduling more
accessible music or making downtown a
welcome environment for street musicians
Affordable live music
Historical event abt Livermore’s history over the
years. Birthday celebration?
A jazz festival would be great. Piano bar, jazz,
blues club
Heritage festival
Family event for children
An open wind band or jazz band.

Regular open mic night
Something science-oriented! Like Exploratorium
hands on activities. There’s an element named
after Livermore for Pete’s sake
Jazz festival
A music festival (x2) with local bands/musicians
Concerts

INITIATIVE
As an initiative, I believe that Livermore (and
LARPD) should support creating a “makers
space” for art groups and individuals to design
and construct large projects, stage sets, etc.

More multicultural events funding
More art/culture period!
Our city should provide a space for an art
center to include a gallery and classrooms
close to downtown. A place where folks of all
ages can come for instruction and art display.

More small venue events to complement larger
ones (e.g. spoken word meetups, writing, art,
or music workshops)
A cooperation between local artists and other
local businesses that focuses on mutual
benefit.

I would like to see more collaboration with the
arts community and the schools. I would love
to see kids in schools learning about and
participating in multicultural arts.

An initiative that includes stated goals and
identifies indicators to measure its effective-
ness. An initiative that integrates diverse
communities in the city. A priority on elderly,
homebound, people with disabilities, new
residents, various ethnic groups, and families
in economic classes that may not normally be
able to afford to participate in most of the
things listed in your activities in question #2.

An artistic initiative that explores and
celebrates the inherent unique attributes of this
place - the history, ecosystem, and position in
the universe. An initiative that increases
people’s appreciation for others and for our
community. An example could be something
that frames the sunlight at solstice or equinox -
art/dance/etc around the actual event.

Another would be to learn about the migrating
species that pass through - celebrate their
arrival with the arts.

Something that supplements parades. More
engaging than standing on a sidewalk in
blasting heat/freezing cold.

Bring back Honey and Wine Festival the way it
originally was
More art in schools
I like the outdoor events we do I really like
putting together the World Cultural Fair
by LAYAC in 2019 March in Bankhead —
more inclusiveness and accessible cultural
celebrations and opportunities like Chez
Nami.

Fund zoom broadcasts of the Livermore
symphony or Del Valle series.

LRPD support visual art shows at Robert
Livermore Community Center rather than
price the community arts out of conten-
tion. Also invest in the Bothwell facility by
LRPD
Rennovate the Bothwell. Or at least decide
what is to be done with the building. It is
in limbo.

Provide affordable space for holding
meetings and visual art events. There is
currently a severe lack of decent affordable
space for small nonprofits to use ,
especially once you factor in the
restrictions and add-on expenses.

I would ask for NO MORE public art or
murals. It is a waste of taxpayer money.

Art is in the eye of the beholder, what one
enjoys, another is offended by. Most of
the murals look like inner city graffiti. Not
impressed. I do like the Livermore themed
one with the fire engine, etc. That one is
relevant to our city.

To have an actual art gallery. Originally
Livermore’s building plans was to have an
art gallery built.

I would love to see the LAA Spring Art
Show be longer (a few weeks ) and be held
at the Robert Livermore Rec Center. The
city of Tracy puts on an annual show with
a catered reception that is amazing.

People come from all over to attend.

More variety in types of art that is offered.

So many do photography, jewelry/bead
making, etc. I feel like I’ve seen the same
things over and over again. Need
something fresh.

Free events all over the city not only in
downtown area
More spent on literary arts
More small community theater options
One that is for the entire community and
does not leave anyone group out. Very
“general” event. Livermore community
event. Celebrate all, not just one specific
group.

We need more studio spaces for music
rehearsals & small performance venues.

MISCELLANEOUS
Outdoor movies
Cars
Sports stadium
Beer stuff
Street performers
Something in collaboration with the local
activism groups
BLM
How about high schools from the area
A wine stroll.

N/A (x37)
ATTACHMENT 1
639
Appendix 3 | SURVEY RESULTS
Indoor venues such as theaters and concert halls
Outdoor venues such as amphitheaters and wineries
Parks
Online experiences
On the street or sidewalk
Schools
Other (please specify)

54.37%

75.73%

79.13%

10.19%

62.62%

40.78%

16.50%
112
156
163
21 129
84 34
Other (please specify)
A large "Makers Space"
Open studios in homes of artists around the city
like the TVAST event in Nov of 2021
Smaller venues
Woven into normal life. Impromptu. Infused into
City Planning. A larger space in our downtown
would be perfect. The apartment complex
planned for Railroad Ave is taking the last spot
we had available.

Coffee shops
Bankhead Plaza, Carnegie Park, Veterans Park
Carnegie Building
Downtown (x4)
Library (x2)
Cafe
Gallery (x3)
Online for now, tho I hope we can get back to
the Bankhead. Outdoor Shakespeare also
Robert Livermore COMMUNITY Center
Pleasanton Band at Ravenswood
Free admission, open to all
Art shows at public venues
An art route identifying on a map where visitors
could visit artists either by appointment or
calling ahead.

Indoor venue such as galleries, (temporary)
visual art spaces
Community locations (LARPD and Bothwell)
Libraries, stores, restaurants, medical facilities
Las Positas College
Our art community needs to be exposed to I-580
commuters..

A couple of the mega churches have great venues
All of Livermore don’t forget the north side of
town north of 580
My friends and I are in recovery and need to be
around places with not centered around alcohol
N/A (x3)
Q04 Where would you like
to experience the arts?
Please check all that
apply.
206 Respondents of 212
6 APPENDIX 3 - SURVEY RESULTS | 35CREATIVE LIVERMORE 2022: A Plan for the Future of the Arts and Culture ATTACHMENT 1
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Appendix 3 | SURVEY RESULTS
Share history
Celebrate diversity
Recognize Livermore as a destination
Expand arts and cultural offerings
Enhance the City's brand
Support creativity
Other (please specify)

56.13%

67.45%

50.00%

67.45%

30.66%

75.47%

14.15%
119
143
106
143
65 160
30 Other (please specify)
Creating the infrastructure to support arts
groups, i.e. a Makers Space is vital to a thriving
arts scene in Livermore
Enrich our personal and civic lives
Provide an opportunity for shared experiences for
diverse members of the community. Support
efforts to build cohesion among diverse members
of the community. The arts can serve to educate
and stimulate ecological awareness and
stewardship. The arts can support overall
economic development efforts. The arts can be
used to help individuals self actualize - creating a
healthier citizenry and contributes to the
community.

Be more inclusive (x2)
More art classes
Be engaging - interactive opportunities that bring
people together
Give opportunities to others
Animation, makerspace, sculpture
More contemporary performances
Keeps me busy
City needs to provide affordable venues for
artists to sell; city needs to promote that "art" is
more than images of wineries! "art" includes
images of other places, around the world
(diversity). If Livermore really appreciates art, it
would appreciate art representing other lands.

We Livermore residents travel; when we return we
make art showing the places we have been.

Provide non-profits with affordable venues for
visual art shows. Rents are currently too high
and there are no public buildings available for
reasonable rent.

Provide a low-cost venue for non-profit art
organizations
My art organization says we are very limited on
putting on shows because all the community
building charge to much to non profits for rent.

Involve the community in exhibits and art
activities
Would like to see public buildings available to
the non profits at affordable rates.

Visual Art Activities that the public can
participate in.

The horse industry and events are a natural and
historical mix. We must nurture that
relationship.

Your list below only allows one choice, science,
historic, ag. You need more diversity offering.

Inspire the youth, ignite the community
Needs freshening up in what is being offered
Share history with a focus on building
understanding and perspective
Share history. Don’t remove any Livermore
history.

Prioritize music art and theater in the public
school curriculum, help instill cultural arts as a
value parent hold for their children in their
education. Arts are for everyone
Enhance the lives of residents
Beautify Livermore and improve quality of life for
residents. We dont want branding, we just
want a beautiful, safe, inclusive place to live.

Bring people together
N/A (x2)
Q05 How can the arts serve Livermore in the
future? Please check all that apply.
211 Respondents of 212
6 APPENDIX 3 - SURVEY RESULTS | 36CREATIVE LIVERMORE 2022: A Plan for the Future of the Arts and Culture ATTACHMENT 1
641
Appendix 3 | SURVEY RESULTS

6.11 5.42

5.02 4.60

5.49 4.87

4.15 Q06 What is special about Livermore?
208 Respondents of 212
Neighborhoods/community culture
Historic character
Arts and culture
Community diversity/inclusiveness
Agricultural and Viticulture
Scientific heritage
Ranching heritage

DISTRIBUTION OF RATINGS
1 2 3 4 5 6 7 Score | Total
percentage of category (# of respondents)
Neighborhoods/community culture
Historic character
Arts and culture
Community diversity/inclusiveness
Agricultural and Viticulture
Scientific heritage
Ranching heritage

61.90% (78) | 13.49% (17) | 11.90% (15) | 4.76% (6) | 3.17% (4) | 3.97% (5) | 0.79% (1)

29.20% (33) | 28.32% (32) | 17.70% (20) | 13.27% (15) | 6.19% (7) | 2.65% (3) | 2.65% (3)

18.58% (21) | 30.09% (34) | 26.55% (30) | 3.54% (4) | 7.08% (8) | 8.85% (10) | 5.31% (6)

14.29% (14) | 26.53% (26) | 22.45% (22) | 12.24% (12) | 5.10% (5) | 5.10% (5) | 14.29% (14)

26.09% (36) | 29.71% (41) | 27.54% (38) | 5.07% (7) | 7.97% (11) | 2.17% (3) | 1.45% (2)

17.59% (19) | 24.07% (26) | 29.63% (32) | 5.56% (6) | 6.48% (7) | 12.96% (14) | 3.70% (4)

7.87% (7) | 20.22% (18) | 22.47% (20) | 17.98% (16) | 8.99% (8) | 4.49% (4) | 17.98% (16)

6.11 | 126

5.42 | 113

5.02 | 113

4.60 | 098

5.49 | 138

4.87 | 108

4.15 | 089
6 APPENDIX 3 - SURVEY RESULTS | 37CREATIVE LIVERMORE 2022: A Plan for the Future of the Arts and Culture ATTACHMENT 1
642
Appendix 3 | SURVEY RESULTS
Q07 Please tell us a little bit about yourself.
212 Respondents of 212

74.53%

2.36%

9.43%

4.72%

8.96%
100.00%
158
5 20
10 19
212 Respondents of 212Total
Resident
Business
Visitor
Employed in Livermore
Other (please specify)
Other (please specify)
Worked at LLNL since 1980, 2 children, love our community BOTH a long-term resident and a local photographic business showcasing California.

Board Member at Bankhead Theater
I ran the LAA Spring Art Show at the Bothwell in September.

An artist who paints local scenes to preserve them for others Both a resident and member of Livermore Art Association board Member of an art organization
Volunteer in Visual Arts Non Profit Organization and Events Retired, worked in Livermore 37 years
Nonprofit
Former resident
Pleasanton artist
Resident and student
Neighbor
Multiple presence in Livermore
Native, born at St. Paul's
Resident and employed in
For 52 years
Student
6 APPENDIX 3 - SURVEY RESULTS | 38CREATIVE LIVERMORE 2022: A Plan for the Future of the Arts and Culture ATTACHMENT 1
643
Appendix 3 | SURVEY RESULTS
Q08 Which best describes you, or the nonproﬁt,
or business you present?
203 Respondents of 212
Other (please specify)
President of Livermore Arts and
Science Inc.

Writer, community volunteer
Livermore resident (x7)
Arts supporter, disabled student
Disabled student (non-verbal)
Mother who wants to immerse
2-year-old in art/nature events
Someone who enjoys creativity
Parent of Girl Scout
Resident of Dublin
Art teacher/mental health
Science and technology
Artist and advocate for arts
Rancher, farmer, marketer,
agritourism advocate
Resident since 1961, retired
Arts and cultural support + artist
Other nonprofit
Student (x16)
Interested in art
Visitor
Healthcare
Church
Government
N/A (x19)
Arts & culture supporter (participant, advocate, etc.)
Artist
Nonprofit visual arts organization
Nonprofit performing arts organization
Nonprofit civic organization
For profit creative business
Other (please specify)

34.48%

20.20%

02.46%

01.48%

07.39%

03.45%

30.54%
Respondents of 212
70 41
5 3
15 7
62 203
6 APPENDIX 3 - SURVEY RESULTS | 39CREATIVE LIVERMORE 2022: A Plan for the Future of the Arts and Culture ATTACHMENT 1
644
Appendix 3 | SURVEY RESULTS
Q09 Please tell us
your age.
211 Respondents of 212
Q10 Please provide us with your zipcode.
205 Respondents of 212

15.64%

4.27%

9.48%

19.91%

12.80%

15.17%

22.75%
100.00%
33 9
20 42
27 32
48 211Total
Under 18
18-24
25-34
35-44
45-54
55-64
65+
118
62 5
5 3
2 1
1 1
1 1
1 1
1 1
1 94550
94551
94568
94588
91945
94553
94531
94519
94506
94536
94541
95023
94566
94954
94583
95376
Livermore, CA
Livermore, CA
Dublin, CA
Napa, CA
Pleasanton, CA
Martinez, CA
Antioch, CA
Concord, CA
Danville, CA
Fremont, CA
Hayward, CA
Hollister, CA
Lemon Grove, CA
Petaluma, CA
San Ramon, CA
Tracy, CA
Respondents of 212

87.80%

12.20%
180
25 205
Livermore Resident Outside Livermore Resident
6 APPENDIX 3 - SURVEY RESULTS | 40CREATIVE LIVERMORE 2022: A Plan for the Future of the Arts and Culture ATTACHMENT 1
645
Appendix 3 | SURVEY RESULTS
Q11 Please provide us with your
e-mail if you would liek to be
added to the City’s arts and
culture mailing list
114 Respondents of 212
Q12 How did you hear
about this survey?
109 Respondents of 212
114 of 212 Respondents

53.77%

87.80%

12.20%
Pop-Up Event Other (please specify)
Sundays at Hagemann Ranch (x13)
Batch Makers Market/Season Finale (x16)
Del Valle HS (x23)
Civic Center Library (x11)
Livermore Pride Fest (x32)
Batch Makers Market/Pride (x8)
Art Walk (x14)
Found it when I was looking for information
about the project.

Given flyer personally (x2)
Friend (x2)
From Cynthia Patton, Livermore Poet Laureate
Independent
Nextdoor (x4)
Google alerts
Google News

11.11% | 13.67% | 19.66% | 9.40% | 27.35% | 6.84% | 11.97% 13 16 23 11 32 8 14117
Social Media
Pop-Up Event
Newletter
E-mail
Other (please specify)

15.26%

61.58%

02.11%

14.21%

06.84%
Respondents of 212
29 117
4 27
13 190
6 APPENDIX 3 - SURVEY RESULTS | 41CREATIVE LIVERMORE 2022: A Plan for the Future of the Arts and Culture ATTACHMENT 1
646
Appendix 4 | COURBANIZE MAP AND COMMENTS
coUrb.co/LivermoreCulturalArtsVision
Online Outreach Report
Audience Reached
514
Website Visitors
Followers
Total Comments
018
168
168
Engagement Over Time
Total Feedback & Replies
Sep ‘21
0 170
Oct ‘21 Nov ‘21 Dec ‘21 Jan ‘22 Feb ‘22
17 109
130 135 137
168
The cumulative number of comments and replies on coUrbanize over the project’s online engagement period.

Community Sentiment
53% 47% 0%
Positive Neutral Negative
coUrbanize’s system analyzes key words and phrases in each comment to determine its overall sentiment.
6 APPENDIX 4 - COURBANIZE MAP AND COMMENTS | 42CREATIVE LIVERMORE 2022: A Plan for the Future of the Arts and Culture ATTACHMENT 1
647
Appendix 4

COURBANIZE MAP

AND COMMENTS
Livermore coUrbanize
Map Comments
At-A-Glance
coUrb.co/LivermoreCulturalArtsVision
6 APPENDIX 4 - COURBANIZE MAPS AND COMMENTS | 43CREATIVE LIVERMORE 2022: A Plan for the Future of the Arts and Culture ATTACHMENT 1
648
Appendix 4

COURBANIZE MAP

AND COMMENTS
Livermore coUrbanize
Map Comments
At-A-Glance
coUrb.co/LivermoreCulturalArtsVision
Various map comments from the
community highlight different potential
opportunities in a collaborative effort
to provide a comprehensive record.
6 APPENDIX 4 - COURBANIZE MAPS AND COMMENTS | 44CREATIVE LIVERMORE 2022: A Plan for the Future of the Arts and Culture ATTACHMENT 1
649
Appendix 5 | PUBLIC ART BENCHMARK CHARTS
6 APPENDIX 5 - PUBLIC ART BENCHMARK CHARTS | 45CREATIVE LIVERMORE 2022: A Plan for the Future of the Arts and Culture

2.0 FTE: Heritage and Cultural Arts Manager and Heritage and Cultural Arts Supervisor support public art as part of their duties

1.0 FTE Museum and Heritage Center staff, 3 part-time
program support staff, 4-5 recreation leaders, contract staff and volunteers (pre-COVID)
1%
1%
Public Art Funds can be granted to partner agencies to meet the goals of the Public Art Master Plan.

Temporary Art Program and Utility Art Program funded
through community beautification funds.

Public art funds are included in the City’s annual budget and the 5-year Capital Improvement Program, which also shows the proposed use of funds collected. Public art project management is capped at 25 percent of each public art
project, and up to 2% of project management costs may be used for program administration.

PUBLIC ARTS

STAFFING

OTHER ARTS

STAFFING

PUBLIC PERCENT

FOR ART

PRIVATE

PERCENT

FOR ART

OTHER FUNDING

SOURCES

PROGRAMS
NOTES

1.0 FTE Recreation Manager, Civic Arts & Special Events are supported by General Fund and share responsibility for public art management along with other duties. Operations Service Department, Engineering, Economic Development, and Traffic provide additional project support.

5.0 FTE in entire division include a Recreation Manager, Recreation Supervisor, Recreation Coordinator, two Theatre Technicians. 30 to 35 part-time employees at 30 hours or less to support the arts programs.

Staff supports activities at the Firehouse Arts Center.

Public art purchases are funded with donations from private donors or organization—as well as some of the City General Fund.

Developers with commercial, office, or industrial projects are encouraged to acquire and install original works in publicly accessible areas of their development or make a cash contribution for City-sponsored public art projects or the City’s art in public places fund.

Matching Grants for Public Art: City established matching grant program to encourage public art. For every request, Council determines an appropriate level of match, not to exceed 50% of the cost of the project.

Private donations of public art.

The Department of Finance maintains a public art account to fund public art projects. Public art maintenance is contracted from City General Operation Services budget. The City is developing sponsorship for the Movies in the Park program. Arts staff and program costs are supported by General Fund with some cost recovery from ticket sales and class registration fees.

Dublin, CA
Parks & Community Services
Pleasanton, CA
Recreation Services in Library Department5A
Art Support
in Neighboring
Cities
ATTACHMENT 1
650
Appendix 5 | PUBLIC ART BENCHMARK CHARTS |
6 APPENDIX 5 - PUBLIC ART BENCHMARK CHARTS | 46
Less than .5 FTE
public art liaison
1%
No
No
No
Site-specific
permanent artworks
In addition to public art,
the City of Mountain
View owns and operates
the Center for Performing
Arts.

ARTS

STAFFING

PUBLIC PERCENT

FOR ART

PRIVATE

PERCENT

FOR ART

IN-LIEU OPTION

OTHER FUNDING

SOURCES

PROGRAMS
NOTES

3.0 FTE includes Public Art
Program Director, Public
Art Program Coordinator,
Communications and Artist
Studio-Program Coordinator
1%
1%
1%
Government grants
Site-specific artworks,
changing artworks, and
artist residencies.

Public Art Commission
provides project review and
public art plan implementa-
tion oversight. In addition to
public art, the City of Palo
Alto supports a municipal art
gallery and theatre and arts
programming in several City
facilities.

Mountain View, CA
Community Development
Palo Alto, CA
Community Services

1.0 FTE Recreation Supervisor
duties include overseeing the public
art program and acting as liaison to
Arts Advisory Committee.
1%
1%

0.5% in-lieu fee
The city dedicates $30,000 annually
to public art in parks from the
Private Sector Art & Beautification
fund. San Ramon Arts Foundation
grants financial assistance to
cultural arts, organizes special
fundraising events, and supports
local artists. It supports the Arts in
San Ramon and the San Ramon
Valley. Temporary public art projects
are commissioned when staff time
and funding are available.

The Beautification Fund is used in
accordance with the annual public
art project budget to repair and
restore significantly damaged or
vandalized artwork on public
property.

San Ramon, CA
Parks & Community Services

1.0 FTE Public Art Manager and 2 part-time
employees: Chief Preparator/Senior Program
Assistant, Public Art Program Coordinator.
1%
1% building construction valuation; .5%
for underground construction, nonprofit
construction, or hospitals.
1% building construction valuation; .5%
for underground construction, nonprofit
construction, or hospitals.

In-lieu fees are placed in the Public Art
Fund and used for City-owned art or
City-sponsored exhibitions.

The Bedford Gallery has 5.0 FTE and is
part of the Arts & Recreation Department.

It receives additional support through the
Diablo Regional Arts Association, Lesher
Foundation, and JP Morgan Chase. The
Public Art Program is the Bedford Gallery
Advisory Council and the Arts Commission.

The Public Art Fund is exclusively used to
provide sites for art, acquire and install art,
maintain art, support publicly accessible art,
and fund administrative costs associated
with the Public Art Program.

Walnut Creek, CA
Arts & Recreation

5.0 FTE: Director, Program
Coordinator, Public Art Program
Coordinator, Program
Associate.
2%
No
No
California Arts Council,
National Endowment for the
Arts, Foundation for the Arts
in Alameda County, East Bay
Community Foundation,
Alameda County Office of
Education’s Alliance for Arts
Learning Leadership.

If there is no publicly accessible
site for public art in a new
county construction project,
the public art can be placed at
another publicly accessible
location. The Art Commission
oversees the planning and
administration of the program.

Alameda County, CA
Alameda County Arts Commission
5B - Bay Area Public Art Programs
CREATIVE LIVERMORE 2022: A Plan for the Future of the Arts and Culture ATTACHMENT 1
651
Appendix 5 | PUBLIC ART BENCHMARK CHARTS
6 APPENDIX 5 - PUBLIC ART BENCHMARK CHARTS | 47CREATIVE LIVERMORE 2022: A Plan for the Future of the Arts and Culture

3.0 FTE includes Urban Design + Place
Strategies Manager, Urban Designer II,
Downtown Development Specialist
1%
No
No
N/A
University of North Carolina and City of
Asheville Partnership: French Broad River Art
Competition and Exhibit. The City’s Public
Art Program provides honorariums for the
three top submissions.

Asheville Area Arts Council is the second
oldest arts council in North Carolina. It
supports artists and arts organizations
through grant funding and programs while
serving community needs. It is a membership
organization with a range of membership
levels.

STAFF DEDICATED

TO ARTS

PUBLIC PERCENT

FOR ART

PRIVATE PERCENT

FOR ART

IN-LIEU OPTION

OTHER FUNDING

SOURCES

GRANT SUPPORT

PROGRAMS
NOTES

1.0 FTE associate planner works with the
public art program at .10 time.

0.5%

0.5%
Yes
Transient Occupancy Tax (see notes)
N/A
Public Art Account includes funds
donated, appropriated, or generated
for the purpose of acquiring public art
and education. Transit Occupancy Tax
(TOT) and Commercial Development
in-lieu fee contribute to the Public Art
Fund. Contributions or appropriations
other than the public percent for art funds
may be dedicated to or earmarked for a
specific education program or work of
art, subject to acceptance by the Council.

Asheville, NC
Planning and Urban Design
Department, Public Art
and Cultural Commission
Ashland, OR
Planning Division of Community
Development Department,
Public Arts Commission
N/A
1%

0.5% non-residential construction
projects costing in excess of $100,000
Yes
Private Donations of Public Art
City established matching grant
program to encourage public art. For
every request, Council determines an
appropriate level of match, not to
exceed 50% of the cost of the project.

Department of Finance maintains
public art account. Every two years,
an amount equal to 1% of the
construction of all eligible projects
is placed in this account. Funding is
transferred by Finance staff to either
a public art phase of a capital project
account or to a specific public art
project account once the Council
determines appropriate public art
projects for the two-year financial plan.

San Luis Obispo, CA
Parks & Recereation
5C
Public Art:

Benchmark
Cities Outside
Bay Area
ATTACHMENT 1
652
Appendix 6 | CULTURAL FACILITIES BENCHMARK CHART
6 APPENDIX 6 - CULTURAL FACILITIES BENCHMARK CHART | 48CREATIVE LIVERMORE 2022: A Plan for the Future of the Arts and Culture

LIVERMORE

CITY FACILITY CAPACITY
(seats) STYLE BUDGET SUBSIDY EARNED CONTRIBUTED
INCOME

ADDITIONAL

FACILITIES

OWNERSHIP/

OPERATING

ORGANIZATION
DUBLIN

PLEASANTON

MOUNTAINVIEW

PALO ALTO
WALNUT
CREEK

SAN LUIS
OBISPO

ASHLAND, OR

ASHEVILLE, NC
Bankhead Theater* 507
464
502
600
550-950
1705
1200
785
428
1286
498
600
412
500
No
Yes
Yes
No
Yes
No
No
No
No
Yes
Yes
No
No
No
Yes
Yes
No
Yes
Yes
Yes
Yes
Private
Public
Public
Public
Private
Public
Public
Public
Public
Proscenium
Proscenium
Proscenium
Proscenium
Hybrid**
Proscenium
Church
Proscenium
Proscenium
Proscenium
Proscenium
Proscenium
Proscenium

3.6m
Held Within
College
Held Within
School
Held Within
City
10m

1.5m
35m
Las Positas College,
Mertes Center for the Arts
Dublin Unified School District
Center for the Performing Arts
& Education
Mountain View Center for
the Performing Arts*
Standford University Bing Concert Hall
Standford Memorial Auditorium
Stanford Memorial Church
Lucie Stern Community Center
Lesher Center for the Arts
Hofmann Theatre
Performing Arts Center San Luis
Obispo Christopher Cohan Center
Performing Arts Center San Luis
Obispo Alex & Faye Spanos Theatre
Oregon Shakespeare Festival
Agnes Bowmer Theatre
Ashland High School
Wortham Center for the Performing Arts
* No union employees
** Configuration dict
ates capacity
ATTACHMENT 1
653
Appendix 7 | GRANT PROGRAMS

FUTURE GRANT PROGRAMS FOR LIVERMORE
6 APPENDIX 7 - GRANT PROGRAMS | 49CREATIVE LIVERMORE 2022: A Plan for the Future of the Arts and Culture Throughout the City’s Cultural Arts Vision planning process, residents expressed the desire for opportunities to participate locally in expanded cultural activities and arts organizations called for expanded City support. The City of Livermore can accomplish several key goals from the cultural plan through the development of new grants programs. These include the goals of providing expanded City support for the arts and culture, providing more opportunities for youth to access and experience the arts, as well as achieving equity and diversity and supporting the professional development of local artists.

The suggested programs offer a structure that can help ensure that the City’s investment in cultural funding is clearly targeted and supports the goals and outcomes identified in the cultural plan. These grant programs can be implemented as additional funding becomes available.

In addition, all City grants programs can encourage increased diversity by adding diversity metrics to the grant application and final reports submitted by grantees. These can include: diversity plan adoption for all grant applicants over a certain size; statistical profile information about board leadership, staff, artists, volunteers, and audiences; audience surveys including data collecting, anecdotes, and photographs of audiences; multilingual dissemination of promotional materials; and organizational initiatives that value and integrate diversity into core operations.

All grant opportunities should be widely publicized. In addition, the application process and associated requirements should be reviewed for relevance and ease of use. Ideally, staff will offer application workshops to assist and encourage first-time applicants.

ATTACHMENT 1
654
Appendix 7 | GRANT PROGRAMS

ORGANIZATIONAL

SUPPORT GRANTS
6 APPENDIX 7 - GRANT PROGRAMS | 50CREATIVE LIVERMORE 2022: A Plan for the Future of the Arts and Culture Strengthen the organizational capacity of local cultural organizations with funding that targets specific operational needs, such as staffing and long-range planning. This
approach will help increase the overall sustainability of the arts ecosystem in Livermore. Generally, operational support is limited to organizations that have been in existence for some time (five to ten years) and have budgets over a
certain size. Another aspect to consider in developing an operational support grant program is the option of
multi-year support, which has the benefit of allowing
organizations to count on core funding. Approaches to
consider for Livermore include the two described below, as an illustrative example of the concept.

Operational Support 1
MAXIMUM AWARD OF $10,000 PER YEAR
Operational Support 2
MAXIMUM AWARD OF $25,000 PER YEAR FOR UP TO THREE YEARS GOAL:

Strengthen the organizational capacity of arts organizations to encourage sustainability and further growth and development.

This category would be for organizations seeking to enhance capacity but who do not yet have a clear multi-year plan of action for capacity development.

Projects supported might include part-time staff, technical assistance and training, or development of a strategic, development, or marketing plan.

GOAL:

Strengthen the organizational capacity of arts organizations to encourage sustainability and further growth and development, leading to permanent administrative staff, larger budgets, and increased participation in the arts.

For groups who have defined a clear path for multi-year organizational development, such as a completed strategic plan along with part-time professional staff.

Projects supported might include staffing, technical assistance and training, development of a strategic, development, or marketing plan, and other long-term capacity development.

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Appendix 7 | GRANT PROGRAMS
6 APPENDIX 7 - GRANT PROGRAMS | 51CREATIVE LIVERMORE 2022: A Plan for the Future of the Arts and Culture Develop a program that provides capacity building along with presentation grants for organizations that develop and present the cultural traditions and work of communities of color. Such a program could be designed in a variety of ways. One might be as a “contract for services,” where a large organization is hired to mentor one or several smaller organizations in areas such as audience outreach and development, marketing, set design, lighting, etc. and then hosts a series of presentations. Another might be for the City to develop a series of technical assistance workshops and then offer a grant that helps cover the costs of presenting the work that each of the workshop participants produces. A third option would be to simply offer a grant that supports the costs of presenting work to the public. Participation in this program can target smaller organizations, under a certain budget size, which are culturally specific and present the work of communities of color.

PRESENTING GRANTS
One of the top priorities articulated by Livermore residents during the cultural planning process was to provide increased access to the arts for all and to increase opportunities for young people to access the arts. By establishing a Youth Arts Grants Program to support out-of-school projects and programs for young people, the City can help ensure both increased equity in regard to access, as well as additional opportunities for children and youth to experience the benefits of arts and cultural activities.

The grant program can be designed to ensure access to high quality arts education activities for all children in Livermore through project-based partnerships among arts organizations and community-based groups that serve youth. Important considerations to include in designing this grant program are that the projects should include paid, professional artists and engage children and youth in stimulating, interactive, and enriching cultural experiences. Another consideration is not limiting the applications to arts and culture organizations but instead include community-based nonprofits among the eligible applicants. Another is to consider limiting eligible projects to locations other than school facilities, so as not to replace anything currently being offered by the Livermore Valley Joint Unified School District or to limit access to enrolled students. Project grants could range from $5,000 to $7,500.

YOUTH ARTS GRANTS
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Appendix 7 | GRANT PROGRAMS
6 APPENDIX 7 - GRANT PROGRAMS | 52CREATIVE LIVERMORE 2022: A Plan for the Future of the Arts and Culture Individual artists are the essential building blocks of the arts ecosystem and are vital contributors to the creative economy.

By creating an artist fellowship program, the City can reward and honor local artists for their innovation and contributions to Livermore’s creative community. Such a program will, over time, support the professional development of Livermore artists and attract additional artists to the City. In addition, the program can be designed to provide people in Livermore increased access to artists of the highest caliber and engagement with the artists’ work.

The goals of such a grant program would be to recognize and honor the achievements of artists living in Livermore, to broadly promote the work of Livermore artists, and to increase the creation of innovative new work in Livermore. Other considerations to address in developing such a grant program include: a residency requirement, i.e., the number of years an artist needs to have lived or worked in Livermore prior to being eligible; the availability to artists in all disciplines, however, to make the program easier to manage, funding could be limited to a specific discipline, or set of disciplines, per year; and ways that the artist fellows will be recognized and promoted by the City.

INDIVIDUAL ARTIST FELLOWSHIPS
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Appendix 8 | INFORMAL MUSIC VENUES IN LIVERMORE
6 APPENDIX 8 - INFORMAL MUSIC VENUES IN LIVERMORE | 53CREATIVE LIVERMORE 2022: A Plan for the Future of the Arts and Culture 3 Steves Winery
Altamont Beer Works
Americano
Arroyo Cellars
Bankhead Theatre LVPAC
Beer Baron
Bent Creek Winery
Big White House Winery
Blacksmith Square
Bothwell Arts Center
Bottle Taps
Carnegie Building
Casa Orozco
Cedar Mountain Winery
Charles R. Vineyards
Concannon Vineyard
Coda Ridge Wines
Darcie Kent Vineyards
Del Valle Winery
75 outdoors | 50 indoors
J Block-100ish outdoors
96 (24 tables of 4)
50-70 outside
~120 outdoors
100 outdoors
300 outdoors
90 outdoors
110 outdoors
200 outdoors

VENUE CAPACITY VENUE CAPACITY
Farmers Market
Fava Lora Vineyards Winery
Fenestra Winery
First Street Wine Co.

40-50 outdoors
Rios Lovell Estate Wines
Rodriquez Molyneaux
Rosa Fierro Cellars
Rusty’s Bar and Grill
Sauced Barbeque and Spirits
Shadow Puppet Brewing Company
Simply Fondue
Steven Kent Winery
Stockmen’s Park
Sutherland Distilling
Swirl on the Square
Tenuta Winery
Tesla Vineyards
The Singing Winemaker
The Last Word
The Steam House Coffee and Kava Bar
Uncle Vu’s at the Vineyard
Wente Vineyards
Wood Family Vineyards
260 outdoors
40-60 outdoors
20-30 outdoors
1700 outdoors
20-30 private indoors
Livermore Non-Traditional Venues
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Appendix 8 | INFORMAL MUSIC VENUES IN LIVERMORE
6 APPENDIX 8 - INFORMAL MUSIC VENUES IN LIVERMORE | 54CREATIVE LIVERMORE 2022: A Plan for the Future of the Arts and Culture 3 Steves Winery
Altamont Beer Works
Americano
Arroyo Cellars
Bankhead Theatre LVPAC
Beer Baron
Bent Creek Winery
Big White House Winery
Blacksmith Square
Bothwell Arts Center
Bottle Taps
Carnegie Building
Casa Orozco
Cedar Mountain Winery
Charles R. Vineyards
Concannon Vineyard
Coda Ridge Wines
Darcie Kent Vineyards
Del Valle Winery
75 outdoors | 50 indoors
J Block-100ish outdoors
96 (24 tables of 4)
50-70 outside
~120 outdoors
100 outdoors
300 outdoors
90 outdoors
110 outdoors
200 outdoors
Farmers Market
Fava Lora Vineyards Winery
Fenestra Winery
First Street Wine Co.

Gare Winery
Homegrown Hops
Hop DeVine
John Evan Cellar
Las Positas College
Las Positas Vineyards-indoors
Las Positas Vineyards-outside
Leisure Street Winery
Livermore J Block
Livermore Sunday Farmers Market
Livermore Thursday Farmers Market
Longevity Wines
McGrail Vineyard
Mitchell Katz Winery
Monica’s Livermore
80-100 outdoors
30-40 in tasting room
200 outdoors
1200 outdoors
100 indoors
100 outdoors
Consortium of bars; family friendly w/music
300 outdoors
50-75 outdoors
outdoors
Murrieta’s Well
Nottingham Cellars
Occasio Winery
Occasio Winery-Sidewinder Spirits
Old Mexico Bar & Grill
Omega Winery
Page Mill Winery
Panama Bay Coffee
Parkwest Casino 580
Pennyweight Craft Brewing
Pine Street Bar
Pleasanton Senior Center
Polomoni’s Bar & Lounge
Poppy Ridge
Purple Orchid
R Place
Railroad Saloon
Rebel Kitchen Libations
Retzlaff Vineyards
80-100 outdoors
80-100 outdoors
40-50 outdoors
Rios Lovell Estate Wines
Rodriquez Molyneaux
Rosa Fierro Cellars
Rusty’s Bar and Grill
Sauced Barbeque and Spirits
Shadow Puppet Brewing Company
Simply Fondue
Steven Kent Winery
Stockmen’s Park
Sutherland Distilling
Swirl on the Square
Tenuta Winery
Tesla Vineyards
The Singing Winemaker
The Last Word
The Steam House Coffee and Kava Bar
Uncle Vu’s at the Vineyard
Wente Vineyards
Wood Family Vineyards
260 outdoors
40-60 outdoors
20-30 outdoors
1700 outdoors
20-30 private indoors

VENUE CAPACITY VENUE CAPACITY
Livermore Non-Traditional Venues
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Appendix 9 | LIST OF POP-UP EVENTS
Farmer’s Market | Thursday, July 22, 2021
Carnegie Park - 2155 3rd St
Facilitated by Art Builds Community
4th Annual Filipino Barrio Fiesta | Sunday, October 3, 2021 Bankhead Plaza
Facilitated by Cynthia Patton, Livermore Poet Laureate
ArtWalk Livermore 2021 | Saturday, October 9, 2021
Stockmen’s Park
Facilitated by Art Builds Community
Civic Center Library | Wednesday, October 13, 2021
1188 S Livermore Ave
Facilitated by Cynthia Patton, Livermore Poet Laureate
Livermore Pridefest 2021 | Saturday, October 16, 2021 Carnegie Park - 2155 3rd St
Facilitated by Art Builds Community
Batch Makers Market - Pride Edition | Sunday, October 17, 2021 Carnegie Park - 2155 3rd St
Facilitated by Cynthia Patton, Livermore Poet Laureate
Del Valle High School | Tuesday, November 16, 2021
Facilitated by Cynthia Patton, Livermore Poet Laureate
Rincon Library | Friday, November 19, 2021
725 Rincon Ave
Facilitated by Cynthia Patton, Livermore Poet Laureate
Batch Makers Market - Season Finale | Sunday, November 21, 2021 Carnegie Park - 2155 3rd St
Facilitated by Art Builds Community
Hagemann Ranch | Sunday, November 28, 2021
455 Olivina Ave
Facilitated by Cynthia Patton, Livermore Poet Laureate
CREATIVE LIVERMORE 2022: A Plan for the Future of the Arts and Culture 6 APPENDIX 9 - LIST OF POP-UP EVENTS | 55 ATTACHMENT 1
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CITY COUNCIL STAFF REPORT
ITEM NO. 10.1

DATE:

November 14, 2022
TO:

Honorable Mayor and City Council
FROM:

Marianna Marysheva, City Manager
SUBJECT:

Supplemental materials received prior to the meeting.

RECOMMENDED ACTION

SUMMARY
These materials were posted online and made available to the public at the same time that they were distributed to the City Council.

3.2 Historic Preservation Commission annual update presented by Chair Vic Avila.