Livermore City Council
June 26, 2023

Environmental - Establish Employ sustainable development practices to conserve natural resources and minimize adverse impact, such as noise, air, and water pollution, on the environment. Actions to reduce impact of noise pollution should be employed such as aggressively fostering the reduction of aircraft noise through the voluntary noise reduction efforts. especially during night hours. Action to reduce air pollution should be taken by supporting the transition from leaded to unleaded fuel as it becomes feasible. Action to prevent PF AS or other contamination into the water system should be undertaken such as monitoring the use of foe foam or other chemicals containing PFAS and report any usage in monthly report to the Airpo1t Advisory Commission.

Social - Maintain and enhance a compatible relationship between the Airport and surrounding community through public engagement efforts that will include information regarding the scope and scale of proposed projects and provide activities that will allow for public input and inquiry. Public engagement must address potential impacts to surrounding community such as increased aircraft activity, vehicle traffic, noise to the surrounding community and how these impacts will be mitigated.

Function - Encourage Development of Airport land aRd ImproYements is to occur in response to existing aviation demand, which is to be evaluated by the Airport Advisory Commission and based upon tangible evidence, such as the existence of a hangar waiting list, letters of interest or proposals to provide essential aeronautical services to avoid the need for based aircraft flying to other airports to receive those services, or services determined to be supportive of the local community, such as law enforcement or emergency medical transpo1t. Redevelopment at the Airport shall only occur if the Airport Advisory Commission determines that existing facilities need significant rehabilitation, improvement, or replacement. All development and redevelopment must be that rneetthe needs ofthe Airport and are consistent with the Airport's Minimum Standards for Commercial Aeronautical Activities (Minimum Standards) and the existing development of the Airport.

Visual - Establish high-quality standards for architectural and landscape design and construction.

Economic - Support the local economy and ensure economic vitality through supporting small-parcel air cargo services that serve only businesses and residences in the Tri-Valley region. Preserve property values, enhance investments, and ensure the Airport is a self­ sustaining as possible consistent with the Federal Aviation Administration (FAA) Airport Sponsor Assurances.
• In Section 1.7 Public Engagement Requirement, the current language states that a Public Engagement Plan (PEP) shall be designed to infonn the public as to the scope and scale of the proposed activity. We would like to request that the scope of the PEP include more specifics as to how the community engagement will occur, such as requiring activities that will provide opportunities for the public to provide input and ask questions. • In Section 2.9 Possible Grounds for Rejecting an Application or Proposal, we request additional clarity to the first bullet and the additional items listed that are noted in Resolution 20 I 0-058 but are not listed in this section be included.

Item 7.1
City of Pleasanton Public Comment Letter
855
Livermore Mayor and City Council
June 21, 2023

► The entity, for any reason, does not fully meet the qualifications, standards, and requirements established by the City. This includes objectives referenced in Section 1.2 and Resolution 20 I 0-058 and include but are not limited to:
o No tangible evidence of existing demand
o Implies or requires extension of runways
o Is a large cargo operator or caters to large cargo operators The burden of proof shall be on the entity and the standard of proof shall be clear and convincing evidence.
• In Section 3.3 Provision of Necessary Airport and/or Improvements, we request the following language be added.

The City encourages development that fully utilized, but does not overburden, existing land and/or Improvements. In cases where existing land and/or Improvements are not fully utilized, the City encourages development that complies with objectives outlines in Section

2.1 and Resolution 2010-058 and that:
• In Section 5.1 Concept Plan, we request that a bullet be added to include the following:
-, Project Narrative that describes how the proposed development will meet the objectives identified in Section 1.2 and Resolution 20 I 0-058 We appreciate the City of Livermore's ongoing efforts to be "good neighbors" to the City of Pleasanton. The Livermore Municipal Airport has continued impacts on the City and its residents and this Leasing and Development Policy is an important tool to provide clarity around current and future decision making. Please let me know if you have any questions or would like to discuss in more detail.
.-
Gerry Beaudin
City Manager
C: Pleasanton Mayor and City Council
Marianna Marysheva, Liver.more City Manager
Michael Musca, Livermore Municipal Airport, Manager
Benedict Stuth, Livermore Municipal Airport, Assistant Airport Manager Attachment:

1. 4.7.23 Pleasanton Comment letter regarding DRAFT Airport Development Policy and Hanger Waitlist Policy
Item 7.1
City of Pleasanton Public Comment Letter
856
April 7, 2023
Ms. Marianna Marysheva
City Manager
City of Livermore
1052 S. Livermore Avenue
Livermore, CA 94550-1052
ATTACHMENT 1

PLEASANTONQ
Via email: mmun·sheva,mHvermoreca.go,:

RE: City of Pleasanton Comments on the Airport Development Policy and Hanger Waitlist Policy
Dear Marianna -
Thank you for the opportunity to review and comment on the City of Livermore's (Livermore) Draft Airport Development Policy and Hangar Waitlist Policy. Please find below the City of Pleasanton's comments regarding the draft policies. As you are aware, Pleasanton and public concerns are most focused on expansion of airport activity and noise etc. associated with flight activity that may occur with such expansions. As such., it is important that Livermore's policies continue to adhere to the limitations established in.Resolution 2010-058, and that there is transparency and appropriate analysis of any project with the potential to increase flight activity.

While we appreciate the more detailed and comprehensive planning and approval approach reflected in the policies, the City of Pleasanton (Pleasanton) is concerned that the policies do not adequately utilize or reflect the 2010 Live.nnore City Council Resolution as it relates to expansion of airport activities and associated impacts, nor thoroughly articulate how the public and interested _parties will be provided notification of major improvements or other planned expansion.

Pleasanton's specific comments of the Draft Policies are as follows:

I. The Draft Policy does not adequately tie the basis or rationale for approval of improvements to the specific parameters outlined in Resolution 2010-058. As you are aware, the Resolution generally seeks to limit the expansion of airport operations and additional flight activity, base any expansion solely on the basis of existing demand and ''tangible evidence" thereto; to control noise, and more specifically, to limit certain expansions such as the extension of runways or development of large air-cargo operations.

2. In Section 1.2, the bullet list of objectives used to evaluate proposals is deemed to "reflect the Airport Development Priorities" in Reso 2010-058. It further notes they will be "used as criteria for evaluating proposals for Airport land lease/development, as further explained in P.O. Box 520, Pleasanton, CA 94566-0802
City Manager
(925) 931-5002
Fax: 931-5482
City Attorney
(925) 931-5015
Fax: 931-5482
Economic Development
(925) 931-5038
Fax: 931-5485
123 Main Street
City Clerk
(925) 931-5027
Fax: 931-5492
Item 7.1
City of Pleasanton Public Comment Letter
857
Ms. Marianna Marysheva
April 7, 2023

this document." However, the relationship between the (somewhat generic) objectives, and the very specific guidance of the Resolution is unclear, and the Policy does not in fact provide any further explanation or reference to the Resolution, other than attaching the Resolution as an appendjx_ For example, the policy does not actually directly cite or use any of the criteria stated in the Resolution (e.g. determination/findings that improvement necessary to support existing demand, versus supporting expansion/increase in capacity or size of aircraft that can be accommodated). Explicit compliance with the Resolution is not called out in Section 1.4 (Compliance), nor in the review procedures in Section 2.2 with respect to new leases, or Section 3 .3 with respect to provision of improvements.

3. The Airport Development Policy does not address requirements for CEQA / NEPA environmental review. As noted in the preface, whether based on an individual proposal or a more comprehensive plan (as Pleasanton suggests may be appropriate), CEQA and/or NEPA review will be required for many projects, and will help provide disclosure of potential impacts through evaluation of noise, air quality, hazards and other impacts if there is a change in operations associated with a lease or improvements).

4. The Policies are unclear about what notification is to be provided to the public or other interested parties (such as the City of Pleasanton), and at what stages in the process. As written, no public notification for any lease or improvement, beyond that required for a standard City Counc1l or planning application (if required) is noted. While we do not think it will be necessary or appropriate to require a public notice for minor changes (e.g. repair of an existing building), certain actions or approvals, particularly those that would constitute an expansion or intensification of use, may warrant additional notification or referral.

Thank you for the opportunity to provide comment. Please let me know if you have any questions or would like to discuss in more detail.

Sincerely,
C: Michael Musca, Airport Managaer
Benedict Stuth, Assistant Airport Manager
Item 7.1
City of Pleasanton Public Comment Letter
858
1 Airport Leasing and Development Policy
June 26, 2023
Presented by: Michael Musca, Airport Manager
Proposed Airport Leasing and Development Policy
• Tonight, the Council will consi der the proposed Policy only – no development proposed
• Policy does not change zoning or the Airport Master Plan – does not call for or allow for airport expansion
1 2
Item 7.1
PowerPoint Presentation
859
2 Airport Leasing and Development Policy
• Policy provides clear goals, objective s and criteria to evaluate development proposals
 Requires consistency with 2010 Resolution, public outreach, Airport Commission review, and City
Council approval
 Discourages large scale air cargo operators, no runway extension, noise reduction efforts  Additional revisions provided in the supplemental to address noise, leaded fuel, and public participation issues
Airport Leasing and Development Policy Revisions
• Environmental –Employ sustainable development practices to conserve natural resources
and minimize adverse impacts such as noise, air, and water pollution, on the environment. Actions to reduce
impact of noise pollution should be employed such as
aggressively fostering
the reduction of aircraft noise through the voluntary noise reduction efforts especially during night hours. Action to reduce air pollution should be taken by supporting
the transition from leaded to unleaded fuel as it becomes feasible.

Action to
prevent PFAS or other contamination into the water system should be undertaken
such as monitoring the use of fire foam or other chemicals containing PFAS and report such any
usage in monthly report to the Airport 11 Advisory Commission. 3 4
Item 7.1
PowerPoint Presentation
860
3 Airport Leasing and Development Policy Revisions
• Social – Maintain and enhance a compatible relationship between the Airport and the surround
ing community through public engagement efforts that will include information regarding
the scope and scale of proposed projects and provide opportunities activities that will allow for public input and inquiry. Public engagement should must address potential impacts to residents and surrounding surrounding communitiesy such as increased aircraft activity, vehicle traffic, and noise, to the surrounding community and including how these impacts may will be mitigated.

Airport Leasing and Development Policy Revisions
• Function – Encourage development of Airport land and Improvements to occur in response
to existing aviation demand, which is to be evaluated by the Airport Advisory Commission and based upon tangible evidence, such as the existence of a hangar waiting list, letters of interest or proposals to provide essential aeronautical services to avoid
the need for based aircraft flying to other airports to receive those services, or services determined to
be supportive of the local community, such as law enforcement or emergency medical transpor1t. Redevelopment at the Airport shall only occur if the Airport Advisory Commission determines that existing facilities need significant rehabilitation, improvement, or replacement. All development and redevelopment must be that meet the needs of the Airport and be consistent with the Airport’s Minimum Standards for Commercial Aeronautical Activities (Minimum Standards) and the existing development
of the Airport.
5 6
Item 7.1
PowerPoint Presentation
861
4 Airport Leasing and Development Policy Revisions
• Visual – Establish high-quality standards for architectural and landscape design and construction.
• Economic – Support the
local economy and ensure economic vitality through
supporting
small-parcel air cargo services that serve only businesses and residences in the Tri-Valley
region. Preserve property values, enhance investments, and ensure the Airport is
as self- sustaining as possible consistent with the Federal Aviation Administration
(FAA) Airport Sponsor Assurances.

Leasing and Development Policy
Developable Land at Livermore Airport
7 8
Item 7.1
PowerPoint Presentation
862
5 Airport Leasing and Development Policy
Public Input
• Draft Policy presented to Pleasanton/D ublin Liaisons and Airport Commission • Posted online, 45-day public review , over 120 comments received from 30 community members
• Relevant comments incorporated into draft policy
• City of Pleasanton submitted letter on June 21, most comments addressed in supplemental materials published today
Staff Recommendation
• Staff recommends the City Council approve the Leasing and Development Policy for the Livermore Airport
9 10
Item 7.1
PowerPoint Presentation
863
6 Questions?
11 Item 7.1
PowerPoint Presentation
864
1 Appointment of City Council Members to the City
Council Subcommittee on Advisory Bodies
June 26, 2023
Presented by
Marie Weber, Deputy City Manager/City Clerk
Staff Recommendation
• Two Council Members are needed to serve on the Subcommittee for the period
of July 1 – December 31.
• Previous appointments are listed below:

July 1 – December 31January 1 – June 30Year
CM Carling2023
CM Branning
Mayor WoernerCM Kiick2022
VM BonannoVM Bonanno
VM MunroCM Carling2021
CM KiickVM Munro
Mayor MarchandCM Munro2020
CM CarlingCM Coomber
1 2
Item 7.2
PowerPoint Presentation
865
Council Member
Date of
Meeting or
Event
Committee or
Organization
Meeting or Event Type
(ex. board meeting or
ribbon cutting) Summary of Meeting or Event
Mayor Marchand 6/13/2023 Valley Link JPA Board meeting
Reviewed possible by-laws changes, . Received updates on State and Federal legislation and funding.

Mayor Marchand 6/14/2023
Alameda County
Mayors Conference
Homelessness Task
Force Subcommittee
meeting Reviewed strategies and progress on local and regional efforts.

Mayor Marchand 6/14/2023
Alameda County
Mayors Conference Business meeting
Made appointments to regional boards, received an update from the League of California Cities. Two presentations on County Programs to reduce homelessness, Homebase and the Home Together Plan.

Mayor Marchand 6/16/2023
Community Association
for Preschool Education Recognition event Spoke at the event honoring the teachers and staff.

Mayor Marchand 6/16/2023 City of Livermore
Groundbreaking for the
L Street garage.

Spoke at the event acknowledging the staff and the commitment of the City to address the number one community concern in the downtown, parking.

Mayor Marchand 6/17/2023 Livermore Valley Arts Cultural celebration Attended the Juneteenth celebration at the Shea Plaza in front of the Bankhead Theater.

Mayor Marchand 6/17/2023
Livermore Heritage
Guild (LHG) Anniversary Celebration
Spoke and presented a proclamation recognizing the 50th Anniversary of the LHG at the train depot.

Mayor Marchand 6/21/2023
Livermore Teen
Academy Mentorship Was shadowed by 4 interns discussed governance and projects.

Mayor Marchand 6/21/2023
Governor Newsom's
Office meeting
Met with representatives from the Governor's Office of External Affairs. Informed them of issues that are critical to Livermore; CEQA reform, infrastructure such as water and electrical and the importance of projects like Valley Link.

Mayor Marchand 6/21/2023 Chamber of Commerce Business mixer Met with representatives from the Chamber and local businesses.

Mayor Marchand 6/22/2023
Alameda County
Transportation
Commission Commission meeting
Received updates on state and federal legislative activities, local distribution compliance, pavement condition indices. Approved Phase A negative dec for rail crossings in Hayward, San Leandro and unincorporated Alameda County. Livermore roads are in the top two in the County for pavement and road quality.

Item 8.0
Council Reports
866
Mayor Marchand 6/23/2023
Alameda County Local
Agency Formation
Commission Workshop Participated in the bi-annual strategic planning workshop.

Mayor Marchand 6/24/2023 Boy Scouts of America
100th Anniversary
Celebration of BSA
Troop 939
Attended the program, spoke and presented a proclamation from the City.

Mayor Marchand 6/24/2023 Goodness Village
Anniversary celebration
and fundraiser. Participated in the event.

Mayor Marchand 6/25/2023
Alameda County Fair
Foundation Update
Received an update on the progress of the sustainable Farm project proposed for the fairgrounds.

Mayor Marchand 6/26/2023 Ferrotec Ribbon cutting Spoke and presented a Mayor's Certificate of Welcome.

Item 8.0
Council Reports
867
Council Member
Date of
Meeting or
Event
Committee or
Organization
Meeting or Event Type
(ex. board meeting or
ribbon cutting) Summary of Meeting or Event
Council Member Barrientos 6/16/2023
EBCE (aka) Ava
marketing and
Regulations
subcommittee
EBCE subcommittee
Marketing and Regs Review of the process for the rename of EBCE to Ava Council Member Barrientos 6/17/2023 N/A Juneteenth Attended Juneteenth celebrations at the Bankhead Council Member Barrientos 6/21/2023 EBCE/Ava
Board of Directors
meeting Reviewed and accepted the EBCE budget
Council Member Barrientos 6/24/2023 N/A
Met with a State Senate
candidate
Met with State Senate candidate Edith Vllapudua.

Discussed affordable housing and climate change issues.

Council Member Barrientos 6/26/2023 N/ A Ribbon Cutting Ribbon cutting/Gra nd opening of Ferrotec facility Item 8.0
Council Reports
868
Council Member
Date of
Meeting or
Event
Committee or
Organization
Meeting or Event Type
(ex. board meeting or
ribbon cutting) Summary of Meeting or Event
Council Member Branning 6/20/2023 LDI Board Meeting
Council Member Branning 6/21/2023 City of Livermore Tour of the Airport Council Member Branning 6/22/2023 City of Livermore
LAYAC new member
interviews
Council Member Branning 6/23/2023 Youth Build Lunch Meeting Speaker for Career Exploration Day Council Member Branning 6/26/2023 LAVTA
Projects and Services
Committee
Item 8.0
Council Reports
869
Council Member
Date of
Meeting or
Event
Committee or
Organization Meeting or Event Type (e x. board meeting or ribbon cutting) Council Member Carling 6/16/2023 City of Livermore L-Street garage ribbon cutting Council Member Carling 6/17/2023
Livermore Heritage
Guild 50 year celebration of Livermore Heritage Guild at the train depot Council Member Carling 6/22/2023 City of Livermore LAYAC interviews Item 8.0
Council Reports
870

CITY COUNCIL STAFF REPORT
ITEM NO. 10.2

DATE:

June 26, 2023
TO:

Honorable Mayor and City Council
FROM:

Marianna Marysheva, City Manager
SUBJECT:

Supplemental materials received at the meeting.

RECOMMENDED ACTION

SUMMARY

DISCUSSION

ATTACHMENTS

1. Items Received at the Meeting

Prepared by: Debbie Elam
Acting Assistant City Clerk

Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
871
Item Name Comment

7.1) Discussion and recommended approval of
the Airport Leasing and Development Policy. Bridgette Meyer I'm a lifelong resident and grew up eagerly enjoying seeing historical aircraft and small planes flying in and out of our airport, but I am concerned that the new policy would create larger noise and pollution levels in our city.

I am concerned about the many demonstrated adverse health effects of increased pollution (especially in children) that increased air traffic would cause. In addition, an increase in noise levels would cause disruptions to sleep­­even if flights are restricted to daytime hours, these noises can be hugely disruptive to the sleep schedule of night­workers and to the ambiance of our beautiful cozy town.

I urge you to reject this proposal. If it is not rejected, I request that you modify language to require airlines to use unleaded fuel to minimize the adverse effects on the population and include language strictly limiting noise emissions, especially with respect to new classes of airplanes such as 737s which may cause high noise levels. Thank you for your time.

Item 7.1
eComments Received
872

7.1) Discussion and recommended approval of
the Airport Leasing and Development Policy. Ronald Baskett As an air quality meteorologist, 40­year resident of Pleasanton, member of the Tri­ Valley Air Quality Climate Alliance, I request City revise & include following language in 3.2. Environmental Quality of LVK
Leasing_&_Dev_Policy_06_02_2023:

The City will give highest priority to projects that replace leaded aviation gas with unleaded, and that reduce or eliminate diesel and PFAS emissions from airport operations. Basis:

1. Airborne lead is hazardous to health at extremely low levels, especially to children. Commission should fund a lead study in a 1.5­mile radius of LVK.

2. 68% of the cancer risk in Tri­Valley is due to diesel particulate matter. Eliminate diesel emissions as soon as practical.

3. Eliminate PFAS emissions as they contaminate soil & groundwater.

Give high priority to Five Rivers Aviation proposals to:
a. Build a new unleaded fuel supply system in the next 2 years. b. Complete a 60 MW Solar Hydrogen Project.

This statement represents my personal view only.

Item 7.1
eComments Received
873

7.1) Discussion and recommended approval of
the Airport Leasing and Development Policy. Jonathan Krueger Three good reasons to reject the proposed Airport Development Policy:

1. It doesn't implement the 2010 Livermore City Council resolution.

The policy mentions the resolution, but implements almost nothing it says. The resolution says development only for existing demand, based on tangible evidence; no extending runways, no large cargo operators; and aggressive action to reduce noise. You look at the Policy, it's not there.

2. It ignores public comment
Public comments wanted the policy to limit noise, require public input, and conform to the Resolution. Noise got two brief inconsequential mentions. Public input: some plan later, all vague.

Conform to the resolution: it doesn't.

3. It doesn't protect residents
It's got no real protection on noise, on leaded fuels, on increased traffic.

Yet these things impact our quality of life every day.

I ask you to reject this policy, send it back for revision that implements City goals, respects public input, and protects residents.

Item 7.1
eComments Received
874

7.1) Discussion and recommended approval of
the Airport Leasing and Development Policy. Trish Fuzesy The airport development policy does not incorporate the Specific Requirements as outlined in Resolution 2010­058, nor does the policy clearly cite each of the 2010­ 058 Requirements where relevant in the specific policy sections, in order to provide clear and unambiguous guidance. The global reference to Resolution 2010 ­
058 and its incorporation only as an appendix is inadequate and creates ambiguity and uncertainty as to Resolution 2010­058 intent; it falls well short of providing clear and actionable guidance for future airport development.

Livermore airport noise is a regional issue and affects all residents living in the larger Tri­Valley area; this area continues to grow in population and size, with more housing being planned. This LVK airport development plan does not do enough to involve all Tri­Valley stakeholders, to preserve the entire region’s quality of life.

Please reject the draft airport development policy and send it back to staff. It is not a good neighbor policy.

Item 7.1
eComments Received
875
From: Bridgette Meyer
To: City Clerk
Subject: Opposition to Airport Policy Changes
Date: Monday, June 26, 2023 12:47:14 PM
Dear Livermore City Council,
I wish to voice my concern around the proposed changes to airport policy in Livermore. I'm a lifelong resident and grew up eagerly enjoying seeing historical aircraft and small planes flying in and out of our airport, but I am concerned that the new policy would create larger noise and pollution levels in our city.

I am concerned about the many demonstrated adverse health effects of increased pollution (especially in children) that increased air traffic would cause. In addition, an increase in noise levels would cause disruptions to sleep--even if flights are restricted to daytime hours, these noises can be hugely disruptive to the sleep schedule of night-workers and the ambiance of our beautiful cozy town.

I urge you to reject this proposal. If it is not rejected, I request that you modify language to require airlines to use unleaded fuel to minimize the adverse effects on the population and include language strictly limiting noise emissions, especially with respect to new classes of airplanes such as 737s which may cause high noise levels.

All the best,
Bridgette Meyer
Item 7.1
Public Comment Received
876
From:

To: City Clerk
Subject: Proposal to remove 100 Octane fuel from Livermore Airport Date: Monday, June 26, 2023 1:08:28 PM
Please don’t be fooled by mis-quotes and disinformation from people referencing the lead studies around Reid Hillview Airport, and do not respond to airport opponents seeking to eliminate sales of 100 octane fuel at Livermore Airport.

The Santa Clara County study by Professor Zahran did not find children’s blood levels to be equal to the cases around Flint Michigan. His study of state data coupled with a series of bad assumptions around activity and other lead sources showed “slightly elevated” levels in the vicinity of the airport, where there were also older homes with lead in plumbing, and lead in paint, as proven by the county’s lawsuit against paint manufacturers. Multiple studies by the county and EPA showed no elevated lead levels in the air or ground around the airport, and were ignored by politicians seeking to redevelop the airport property.

The aviation industry is working to develop a safe and effective unleaded fuel without tetraethyl lead, and some of that should be coming to the airports in California within several years. Banning the sale of 100 octane fuel now will not address the needs of aircraft requiring 100 octane fuel, and Livermore should join with thousands of other airports waiting for a viable alternative fuel to be developed.

John McGowan
Item 7.1
Public Comment Received
877
From: George Reid
To: City Clerk; Livermore City Council; John Marchand
Subject: Reject the Airport Development Policy
Date: Monday, June 26, 2023 4:25:11 PM
Hi,
Current levels of noise from airplanes/jets from Livermore Airport need to be reduced.
1) we have been experiencing increasing noise from aircraft associated with Livermore Airport, small planes (especially the noisy red-and-white plane that flies low over our area) and jets;
2) the process of oversight and review of the Airport should be more open and transparent.

Why the secrecy?
3) any revised plans need to Prohibit use of PFAS and other hazardous chemicals.

Ground water in the Tri-Valley area is already impacted by PFAS, etc.;
4) no further expansion of the Livermore Airport;
5) reject the Airport Development Policy.

Be a good neighbor for your nearby impacted Pleasanton residents, as well as residents in Livermore and Dublin.

George and Susan Reid
Pleasanton, CA
Item 7.1
Public Comment Received
878
Aecetved at the Uvennore jl:h.11 me&111 ,.,
J;ill:"'VEeo:r ;- ···: "' � v)
Good evening, Mayor Marchand & City Council 6/26/2023
As a Registered Nurse, I have a moral duty to alert you when I believe residents may be harmed by something the city is doing� If residents live within a 1 ½ mile radius of Livermore Airport, there's a good chance they and their children are being exposed to harmful levels of lead from aviation fuel. The proposed Airport Leasing and Development Policy states one goal is to minimize adverse impacts on the environment, but it doesn't discuss stopping the sale of l00LL leaded aviation fuel. Over 300,000 gallons were sold in the last year� Emissions from piston engine aircraft collectively account for about 70% of lead released domestically into the atmosphere.

The lead poisoning surrounding San Jose's Reid...:Hillview Airport (a similar sized airport) was found after Santa Clara County commissioned a peer-reviewed 10-year study (released Aug. 2021) of children living near the airport. The findings were: the risk of elevated blood lead levels depended on direction of the prevailing winds, and the child's residential distance from the airport. Children residing less than ½ mile from Reid-Hillview Airport had blood lead levels higher than the levels found in children during the Flint, Michigan water system failures.

Children residing½ to 1 ½ miles away had a modest increase in blood lead levels. CDC states: "No safe blood lead level in children has been identified. Even low levels of lead in blood have been shown to affect IQ,' ability to pay attention, and academic achievement." I've been monitoring wind direction here, and it's predominantly West to East, or Southwest to Northeast. Children living downwind had higher blood lead levels around Reid-Hillview Airport.

What residential areas are within 1 ½ mile radius of the airport? It appears the straight-line distance between the airport and the Isabel Neighborhood Specific Plan area Denova Homes Project at North Canyons Parkway and Triad Dr. is 1 mile. And it appears the straight-line distance between the airport and Tuileries Ave. in the Montage neighborhood is 1.41 miles.

Item 7.1
Public Comment Received
879
d'
In my opinion, you don't need to perform your own study, this one was professionally performed and peer reviewed. You should update the Policy to declare a date you'll stop selling leaded aviation fuel. Reed­ Hillview stopped selling it Jan. 2022, the first airport to do so. The FAA did challenge this action, but Santa Clara County prevailed, and ended leaded fuel sales.

It's important the City ends the threat of lead exposure to its residents.

I'll forward the links to these documents to you, including the County's letter to the FAA.

Thank you.

Felicia Ziomek

Item 7.1
Public Comment Received
880
June 26, 2023
Livermore Mayor and City Council
City of Livermore
1052 S. Livermore Avenue
Livermore, CA 94550
RE: Livermore Airport Leasing and Development Policy
Dear Mayor Marchand and Livermore City Council:

The Draft Livermore Airport Leasing and Development Policy ( Airport Policy) should NOT be approved without further revisions. As currently written, the draft policy greatly exceeds the airport development limits that were established with the 2010-058 Airport Resolution. For example, the 2010 Airport Resolution explicitly restricts airport development unless tangible evidence can substantiate a need to develop available land. Further, the 2010 Airport Resolution curtails the extension of runways, and states the city will not encourage or solicit a stand-alone air cargo operator or cater to large air cargo operators. The new policy must go beyond simply referencing the 2010 resolution; it must state what processes it will use to comply with and to enforce the 2010 resolution. Please direct staff to add specific language that incorporates all 2010 provisions and defines how compliance will be achieved.

Additionally, the new policy raises concerns about transparency, public engagement and public disclosure. The draft policy moves the process of future development behind closed doors, relying on an inter-departmental staff review team ( IDSRT) without the involvement of the airport commission and without public hearing requirements. Does the IDSRT violate the Brown Act by excluding the public? It doesn't specifically address how the public will be provided notification of major improvements or other planned development activities. There needs to be more transparency, analysis, and accountability for any project that would increase flight activity and thus create impacts to the surrounding neighborhoods and communities. Requiring the public to file a public records act to obtain information is not an acceptable policy. As it stands now, the policy only requires the city to notify the public of increased noise without feedback mechanisms and lacks noise controls.

Many revisions, amendments and conditions need to be added. I have included only a partial list.

Section 1.2 Goals, Objectives and Development Priorities states the policy must include "features to minimize adverse impacts on the environment." This draft policy does not address new information concerning health hazards and safety. Actions must be included to address noise, air, and water pollution.

A)Specific actions must be implemented to aggressively foster the reduction of aircraft noises at night and actions taken if any aircraft violate the State, CEQA, Alameda County, Dublin, Livermore and Pleasanton General Plan Noise Limits.

B) The continued use of leaded aviation fuel near schools directly conflicts with the draft policy stated objectives> Studies by Santa Clara County and Kaiser Permanente August 2021 (Published in the Proceedings of the National Academy of Science 2023) linked the ongoing use of leaded aviation gas with elevated lead exposure in children living near Reid-Hillview. The CDC states: "No safe blood lead level in children has been identified. Even low levels of lead in blood have been shown to affect IQ, ability to pay attention, and academic achievement." Because of these findings, Santa Clara County banned the use of leaded aviation fuel in January 2022. This known health hazard could directly impact schools in Livermore; El Rancho Elementary and New Horizons Preschool and Pleasanton Schools Mohr, Hart, and Fairlands. This health impact could also affect children living in the Isabel Specific Plan Neighborhood located 1.5 mile from the airport where lead emissions are shown to have the greatest impacts.

Item 7.1
Public Comment Received
881
What parallels can we draw between Reid-Hillview and Livermore Airport? The number of take­ offs/landings at Livermore Airport were 193,612 from 2/1/2022 to 1/31/2023 --- roughly equivalent to Reid-Hillview Airport. 309,300 gallons of 1 DOLL fuel were sold at Livermore Airport in the 12 months ending 1/31/23. 100 LL fuel is the single largest source of of airborne lead emissions, representing 70% of lead released into the environment. ( EPA website) The FAA invited Reid­ Hillview to be a demonstration project examining best practices for airports transitioning to unleaded aviation fuel.

Because of the similarities between Livermore and Reid-Hillview, we urge the Livermore City Council to ban the sale of leaded aviation fuel and to apply to become the second FAA demonstration project to accelerate the transition to unleaded aviation fuel.

C) Revisions need to be added to address airport air pollution from Diesel Particulate Matter including but not limited to PM2.5, PM10, NOx,NO2,etc.caused by diesel back-up generators, fuel storage tanks, and other diesel machinery used by the airport and hangar occupants.

D) Actions must be included to monitor PFAS at the airport and to prevent PFAS or other contaminants from entering the water system. This is required under section 3.4 Manmade and Natural Hazards. The draft policy does not prohibit lease owners from using materials, chemicals (fire retardants), substances or practices ( fire training exercises) that may increase PFAS levels at the airport, in the storm drains, and in neighboring areas. The Tri-Valley already has one of the highest PFAS levels in the nation. Some PFAS are volatile and can be "carried long distances through the air which can lead to contamination of soils and groundwater far from the source of the PFAS "e mission." ( California Water Boards) ( Articles in Consumer Reports, 2021,March 14, 2023)
E) Do any of the activities and materials currently used at LVK include PFOS, PFOA, Genx, Adona, PFBS, PFNA or PFHXs? If any of these chemicals are used, could any of these chemicals individually or in combination reach the Hazard levels and MCL limits to be adopted by EPA in December 2023?
F) Section 3.4 fails to address in detail changes to the vicinity and who will be responsible for drainage and flooding during heavy rain years such as the 2022-2023 winter. The heavy rains of Winter 2022-23, including 12 back-to-back atmospheric rivers in a three month period, produced ponding at the airport, flooding of parcels lower than the airport, flooding of the golf course and on neighboring streets. The potential impacts of such intense atmospheric rivers on drainage systems and water quality has not adequately analyzed. The predicted reoccurrence of such wet seasons could create or contribute to runoff water that would exceed the capacity of existing or planned stormwater drainage systems at the airport. Climate change will likely lead to more heavy rain years.

F) Section 1. 7 Public Engagement Requirement . This section needs to be revised to detail how the public will be notified about the scope and scale of new airport activity. Further, the public must be given opportunities to provide input and ask questions. Requiring the public to file a public records act to obtain information is not an acceptable policy.

Moreover, the following amendments should be added directly into the text of the draft policy:
1) " The City Manager, Planning Director, Public Works Director and Airport Manager shall take no action to solicit or encourage development of a large scale, stand-alone air cargo operator at the Livermore Airport or cater to large scale air cargo operators. " 2)" The City does not intend to extend the existing runways". 3) "With the other Tri-Valley Cities, the City of Livermore will conduct periodic noise monitoring activities and report these activities to local elected Boards at least once a year.

Item 7.1
Public Comment Received
882
You are being asked to pass this policy as a resolution tonight. Can a resolution for this draft policy be passed without being codified as a zoning ordinance? Instead of rushing to a decision tonight ,I urge you to make the necessary revisions and amendments. In fact, it would prudent for the City to complete a draft EIR for the proposed development policy. The 40 page airport staff report is insufficient because new information of substantial importance, was not known and could not have been known at the time the staff report was written and/or substantially more severe significant impacts exist than those that were previously analyzed. This development policy will affect the health and safety of all Tri-Valley resideints To ensure Tri-Valley residents are not unreasonably exposed to harmful pollution for decades to come, further CEQA evaluation and e_ revisions. with specific amendments is needed before approving the Livermore Airport Leasing and Development Policy.

Sincerely,
Donna Cabanne
Livermore resident, member of the Center for Biological Diversity, member of the Sierra Club.

Item 7.1
Public Comment Received
883
June 26,2023
Livermore City Council
1016 South Livermore Ave.

Livermore, CA 94550
Received at the Livermore cl::'/2 meeting ot:
(p � Z..,"}
Re: Livermore Airport Leasing and Development Policy 2023 Dear Mayor Marchand and City Council members:

The draft Livermore Airport Leasing and Development Policy/Hangars Waitlist Policy ( Airport Policy) needs significant revisions and amendments. With this draft policy, air traffic could exceed the following State, CEQA, County and City noise limits: California State Noise Control Act of 1973 noise limit 70 (dBA), CEQA noise limit 70 (dBA), City of Livermore General Plan (2003-2025) noise limit 70 (dBA), Alameda General Plan (1994) noise limit 70 (dBA) City of Dublin General Plan(2016)noise limits 61 to 70 (dBA) and City of Pleasanton General Plan (2005-2025) noise limit 70 (dBA). These noise limits need to be included in the text of the Airport Policy. Further, the policy does not address how noise will be monitored.

Please continue this item to allow for adequate time to ensure the policy will protect the health and safety of all Tri-Valley residents. Please consider using a Draft EIR to evaluate the new potentially significant environmental impacts including: a) the continued use of leaded aviation fuel near numerous schools in Livermore, Dublin and Pleasanton; b) the materials and activities occurring at the airport that could generate more PFAS; c) air pollution at the airport from all diesel emissions including airport activities generating DPM( PM2.5 and PM 10);and e) inconsistencies between the Airport Resolution of 2010 and the new Airport Policy.

Please direct staff to respond to the following unanswered questions concerning increasing noise, continued use of leaded aviation fuel, PFAS, air pollution, and public engagement/ disclosure:
1) Are medevac jets and/or helicopters landing and taking off at night several times a week at Livermore Airport (LVK) in violation of the general plan noise limits? How many times per week? 2)What percent of night flights are medevac jets? What percent are privately owned jets? 3) What provisions can the City add to the policy to enforce day and night noise violations of private jets and of illegally low flying jets?
4) What parallels can the City draw between the use of leaded fuel at RHVK and LVK and the level of lead in the blood of children living near these airports? 5) What are the current airborne lead emissions from aircraft taxiing, landing, taking off and refueling at Livermore Airport ?
6) Were the last airborne lead emissions readings taken in 1992 ---thirty-one years ago? "100 octane leaded avgas is the single largest source of airborne led emissions in the nation, representing 70 % of lead released into the environment. The EPA has recognized that lead exposure can have serious and irreversible human health impacts. " ( Santa Clara Studies August 2021, February 2023. Published in the Proceedings of the National Academy of Sciences, 2023)
7) What would it take and how can Livermore Airport become the second FAA federal demonstration project to use unleaded aviation fuel for piston-engine airplanes? (Becoming a federal demonstration project could allow the airport to accelerate a transition plan to unleaded aviation fuel at the airport.)
8) What is the cost to convert and certify a plane to unleaded aviation fuel? 9) What is the infrastructure cost for airport operations to change fuel supply? 10) What provisions can Livermore City Council include in the Airport Policy to reduce or prohibit the sale and storage of leaded aviation fuel?
Item 7.1
Public Comment Received
884
11) What provisions can the City include to not extend current runways at LVK ? 12) Instead of using FAA infrastructure money to extend runways, could Livermore Airport use FAA money to accelerate the transition to unleaded aviation fuel by becoming a FAA federal demonstration project similar to Reed-Hillview and San Martin/Gilroy airports? Could the airport use FAA money for airport infrastructure projects such as aircraft classes for community college students, and solar panels on the remaining available land? Research clearly links PFAS in the body to the following health issues: early onset of diabetes, high blood cholesterol, kidney and liver damage, immune system suppression, endocrine disruption, cancers, and other conditions.
13) What types of activities and materials currently used at LVK could generate PFAS? What uses, activities and materials stored by Cal Fire, Pleasanton-Livermore Fire Department, and other machine shops generate PFAS?
14) Do any of the activities and materials currently used at LVK include PFOS, PFOA, Genx, Adona, PFBS, PFNA or PFHXs? If any of these chemicals are used, could any of these chemicals individually or in combination reach the Hazard levels and MCL limits to be adopted by EPA in December 2023?
15) Could run-off of any of the above groups of PFAS affect drinking water in the Colwellfield, Chain of Lakes, Macho Wells, and Stoneridge Wells?
16) How many millions of dollars are currently being spent by Pleasanton to remove PFAS from wells? How much money will Zone 7 spend this year to clean up PFAS in drinking water sources? Could the City of Livermore be liable for current and future uses of PFAS at the airport? 17) What are the current diesel emissions at the airport, especially PM2.5 and PM10, NOx and NO2 emitted by the airport/hangar diesel generators and diesel equipment ? Do these airport diesel emissions violate the Clean Air Standards of 2017 and the federal Ambient Air Standards? 18) Are all potential airport impacts disclosed to current buyers in the Isabel Specific Plan Neighborhoods, and in Pleasanton, and Dublin neighborhoods? 19) Was the Water Board contacted to comment on the draft Airport Policy? 20) Was the BAAQMD contacted to comment on the draft Airport Policy? I understand the Livermore Airport can be an asset to the community, but it is critical at this juncture to further evaluate the impacts of airport practices and uses including the use of leaded aviation fuel for piston-engine aircraft and jet noise exceedances. These issues threaten the health and quality of life of all Tri-Valley residents. Further CEQA evaluation, and revisions are needed before approving the Livermore Airport Leasing and Development Policy.

Best, M;2
Bernard Cabanne
Livermore resident
Item 7.1
Public Comment Received
885
Hello everyone; my name is Taris Keiper. Received at the Uv ermore C/IY o/L' 7;11ng of:

Co U1 L2
I've just graduated from Las Positas High School Middle College.

I've been working in engineering and development for 10 years; Stanford and NASA say I'm doing a pretty good job. A month ago, I received my latest award from the Innovation Tri-Valley leadership group.

Since 2019 I've been working on hydrogen fuel cell-powered electrical aviation. Hydrogen fuel cells are the green range­ extending technology for electric aircraft. At industry symposiums, we routinely receive investment and cooperation offers from overseas, even at events down at NASA Ames. The whole world is investing massively in electric aviation. Because it's the green future of aviation, an enormous market - and because it is QUIET.

Quietness is an indispensable commercial feature of the upcoming generation of electric aircraft. The technology's trademark noise level reduction of about 90% below current aircraft is the game­ changing attribute that opens up entirely new applications and markets that developers are after.

Item 7.1
Public Comment Received
886
Electric aircraft combine practically noiseless motors with propellers that trade a few percent of aerodynamic efficiency for a literal order of magnitude in noise reduction. Electric aircraft operating from Livermore Airport will simply not be heard by the neighbors. And their multi-redundant powertrains make them very safe.

In the US, we have serious catching up to do in electrical and hydrogen-powered aviation compared to Asia, Europe, the UAE, or Saudi Arabia. Stuttgart airport in Germany, for example, is building a Hydrogen Aviation Center, due to open next year. The airport's partner in this project is H2FLY, a subsidiary of Joby Aviation. Joby is a Bay Area company and one of the biggest players in the arena.

But here at home, they sit in an aviation-hydrogen semidesert, just like many other companies. We actually have all the building blocks for hydrogen aviation here in the Bay Area, from suppliers to companies already flying hydrogen-powered aircraft
cumbersomely fueled by trucks coming in from far away. But these companies are inefficiently scattered throughout the Bay Area because there is no hub with a hydrogen infrastructure.

Item 7.1
Public Comment Received
887
An Electric and Hydrogen Aviation Center at Livermore Airport would be an amazing opportunity and a huge competitive
advantage for Livermore as a location for green high-tech jobs.

So that's what I wrote to Pete Sandhu, hoping to create awareness for the unused potential. And was amazed to learn that he had already worked out a proposal for an investment of game­ changing scale that would make Livermore Airport global state-of­ the-art in green aviation.

The realization of these plans would be a big plus for every Livermore resident, especially regarding airport noise reduction, renewable energy, and environmental protection.

Thank you for your time.

Item 7.1
Public Comment Received
888
1 ..

Hello everyone, my name is Gia Keiper. ReceivedattheLivermo 7:

CttyCouncllmeetingof:
{/} z._�/p ' .

I'm an incoming Junior at Las Positas High School Middle College, studying toward a Master's in Aeronautical
Engineering.

My journey in aviation started 4 years ago when I read an article about a Boeing-sponsored aeronautical design
competition. No team had managed to fulfill all requirements and claim the $1M prize.

Together with my brother, I designed an aircraft that could still win the prize, if only I were 18 years old and they'd let us participate.

But they don't. Being young can be a real pain if you actually want to do something. But the project brought us to
Livermore Airport, and we became members of the local
chapter of the Experimental Aircraft Association. What could be better than getting together with other guys that build and restore amazing airplanes and fly kids for free?
Since then our chapter has started a Youth Program where we're building a Cri-Cri, a real, if very small, single seater aircraft. We'll use a thoroughly designed electric drivetrain instead of the standard gas engines and will fly remote­ controlled at first. A larger project is already on the horizon.

Item 7.1
Public Comment Received
889
For the build session last Saturday, we had almost three times as many young builders than just two months ago. Their
number will continue to grow because the chapter's offers are constantly expanding. And we're getting ever better at showing young people the many amazing opportunities in
aviation. The EAA chapter is a great place to learn, grow, and also teach a few things.

One of the reasons why our youth program can be so
successful is the support of Five Rivers, Livermore Airport's FBO. The hangar space for our youth build is free, as is the conference for our chapter meetings. And the fuel for our youth flights. And the additional airplanes including pilots that they provide for our Young Eagle flights if needed.

Can you imagine what we could achieve with the new
facilities included in the proposal? Dedicated build hangars and rooms that we can equip specifically for various
additional youth classes. The planned Community College Hangar and maintenance training facility would be the ideal potential partner to provide a look at professional aviation maintenance work - well paying high-skill jobs and a perfect next step for many of our young people.

And on top of that there's the proposed cutting-edge solar­ electric and green hydrogen development. It would allow us to show and teach kids the clean future of aviation at the world's greenest airport.

Item 7.1
Public Comment Received
890
The proposed concept would make Livermore Airport a
better-than-textbook example of future-oriented
development for Tri-Valley residents of all ages and the environment we live in.

Thank you.

Item 7.1
Public Comment Received
891

PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this day of , 2023, by and between the City of Livermore (“City”), a municipal corporation, and Construction Testing Services, Inc. (“Consultant”),a California corporation.

RECI
TALS
Ci
ty requires professional services to provide construction inspection, special inspections, and materials testing services.

Cons
ultant warrants it possesses the distinct professional skills, qualifications, experience, and resources necessary to timely perform the services described in this Agreement. Consultant acknowledges City has relied upon these warranties to retain Consultant.

AGRE
EMENT
NOW
, THEREFORE, City and Consultant hereby agree that the aforementioned recitals are true and correct and further agree as follows:

1. Retention as Consultant. City hereby retains Consultant, and Consultant hereby accepts such engagement, to perform the services described in Section 3 below subject to the terms and conditions in this Agreement.

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

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

Geot
echnical Engineering and Material Testing Consulting Services On an On-Call Basis

4. Consultant’s Responsibilities. Consultant shall:
(a) Dilig
ently perform the Services in a manner commensurate with industry, professional, and community standards;
(b) Pr
ovide the resources necessary to complete the Services in a timely manner;
(c) Ob
tain a business license from the City of Livermore, and keep it in effect for the term of this Agreement;
DocuSign Envelope ID: D4A8CAA8-591F-49ED-A49D-2F96FFCD5A8A

EXHIBIT A
67892
(d) Obtain and keep in effect all necessary licenses , permits, qualifications, insurance, and approvals legally and professionally required for Consultant to practice its profession and to provide the Services;
(e) Co
mply with all laws in effect that are related to Consultant and the Services;
(f
) Coordinate the Services with Michael Stamm (“Project Manager”), or such other person designated as the Project Manager by City; (
g) Be available to the Project Manager, and other parties referred to Consultant by the Project Manager, to answer questions or inquiries related to the Services;
(
h) Only invoice City for the Services rendered. Consultant’s invoice shall be in writing and describe the Services performed for the payment requested. Consultant shall not submit an invoice to City more frequently than once a calendar month; (i) Keep
and maintain invoices and records related to the Services in an organized manner. At a minimum, the records must be kept for at least 3 years from the date of final payment to Consultant and must include time sheets, work progress reports, and other documentation to adequately explain all the Services invoiced for payment.

Consultant shall make the i nvoices and records immediately available to City upon delivery of a written request to examine, audit, or copy them at City’s place of business during normal business hours. Consultant shall give City 30 calendar-days’ written notice prior to destroying the invoices and records and allow City an opportunity to take possession. If City wants them, Consultant and City shall coordinate their delivery to City in the most efficient manner possible;
(j)
Prepare and submit a written report to the Project Manager, within 3 business-days of the Project Manager’s written request, that identifies the Services completed and in progress, the charges incurred to date, and the anticipated cost to complete the remaining Services;
(
k) Consultant shall correct, at its own expense, all errors in the S ervices.

Should Consultant fail to make such correction in a timely manner, City may make the correction and charge the cost thereof to Consultant;
(l
) If applicable, Consultant shall ensure that all work for compensation is provided in compliance with the requirements of the California Labor Code including but not limited to hours of labor, nondiscrimination, payroll records, apprentices, worker’s compensation and prevailing wages. If applicable, Consultant shall comply with all prevailing wage laws, such as sections 1773, 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the California Labor Code and any other applicable wage and hour law. If any violation of prevailing wage law associated with this Agreement is deemed to have occurred by any court or administrative authority, Consultant shall forfeit to the City, as a penalty, the sum of fifty dollars ($50.00) for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the applicable prevailing rates for any work done to accomplish the purposes of this Agreement; and, DocuSign Envelope ID: D4A8CAA8-591F-49ED-A49D-2F96FFCD5A8A

EXHIBIT A
68893

(m) Consultant’s services provided pursuant to this Agreement shall comply with the Americans with Disabilities Act (ADA) of 1990, and all amendments thereto, as well as all applicable regulations and guidelines issued pursuant to the ADA.

5. Compensation and Payment.

(a) The total compensation payable by City to Consultant for the Services SHALL NOT EXCEED the sum of $ 600,000 ( "not-to-exceed amount"). City shall compensate Consultant for the Services rendered at the hourly rates, task amounts or travel expenses set forth in Exhibit “A” up to the not -to-exceed amount. Except as provided in the body of this Agreement, the hourly rates, task amounts or travel expenses are intended to be Consultant’s only compensation for the Services and is inclusive of all costs of labor, licensing, permitting, overhead and administrative costs , and any-and-all other costs, expenses, and charges incurred by Consultant, its agents, and employees to provide the Services.

(b) City shall pay Consultant no later than 30 days after City receives a written invoice from Consultant and verifies the Services were performed for the payment requested.

6. Term. The term of this Agreement commence s on July 1, 2023, and terminates upon the completion of the Services or June 30, 2026, whichever occurs first.

7. Termination by City . City may terminate any portion or all of the Services by giving Consultant at least 30 calendar-days written notice. Upon receipt of a termination notice, Consultant shall immediately stop all work in progress on the S ervices except where necessary to preserve the benefit of the work, and then assemble the work on the Services for delivery to City on the termination date. All compensation for Services performed prior to the termination date shall be payable to Consultant in accordance with Section 5.

8. Ownership of Documents. All drawings, designs, data, photographs, reports and other items prepared or obtained by Consultant in the performance of the Services are City’s property and Consultant shall deliver them to City upon demand.

9. Copyright and Right of Use. All items created by Consultant for City under this Agreement are works made for hire, and Consultant shall give City the copyright and all intellectual property rights to all items developed, prepared, and delivered as part of the Services. Consultant agrees that all aspects of the Services and items created thereby will be original works of creation and will not use, in whole or in part, any work created by any other party, except when expressly disc losed by Consultant to City and Consultant obtains a license to such items for the benefit of City. All licenses must be perpetual, world-wide, non-exclusive, and royalty free sufficient in scope to permit City’s full use and enjoyment of its ownership rights in the items created by the Services.

10. Confidentiality. Consultant shall not disclose any confidential or proprietary information received from City to anyone except Consultant’s employees who require access to the information to perform the S ervices. This obligation shall survive DocuSign Envelope ID: D4A8CAA8-591F-49ED-A49D-2F96FFCD5A8A

EXHIBIT A
69894
termination and remain in full force and effect until the information, and any copies thereof, are destroyed or returned to City.

11. Defense, Indemnity, and Hold Harmless. To the fullest extent permitted by law, Consultant shall hold harmless, indemnify, and defend with counsel selected by the City or otherwise acceptable to the City, the City and its elected and appointed officials, officers, directors, employees, agents and designated volunteers from and against any and all liability, loss, damage, claims, expenses, and costs (including without limitation, attorney’s fees and costs and fees of litigation) (collectively, “Liability”) of every nature arising out of or in connection with Consultant’s performance of the services contemplated by this Agreement, or in connection with Consultant’s failure to comply with any of its obligations contained in this Agreement, except for such Liability caused by the sole active negligence or willful misconduct of City. Consultant’s obligations to hold harmless, indemnify, and defend shall not be excused because of Consultant’s inability to evaluate Liability or because Consultant evaluates Liability and determines that Consultant is not liable to the claimant. These obligations are independent of, and shall not in any way be limited by, the minimum insurance obligations contained in this Agreement. These obligations shall survive the completion or termination of this Agreement. Consultant must respond within 30 days to the tender of any claim for defense and indemnity by the City.

(a) Modification for Construction Contracts. To the extent this Agreement is a “construction contract” covered by California Civil Code section 2782, then Consultant’s duty to indemnify shall not apply in a manner prohibited by California Civil Code section 2782.

(b) Modification for Design Professional Services. To the extent this Agreement is for “design professional services” defined in California Civil Code section 2782.8, then Consultant’s duties to defend and indemnify shall only apply to the extent provided for in California Civil Code s ection 2782.8(a), unless section 2782.8(a) is not applicable for one of the reasons set forth in 2782.8(e).

12. Insurance. Consultant shall procure and maintain insurance during the term of this Agreement in the amounts and under the terms set forth in Exhibit “B” against claims that may arise from or in connection with this Agreement and performance of the Services.

Upon reasonable written notice, Consultant shall comply with any changes in the amounts and terms of insurance as may be required from time-to-time by City’s Risk Manager.

13. Acceptance of Final Payment. Consultant’s acceptance of final pay ment will release City from any and all claims and liabilities for compensation under this Agreement.

14. Acceptance of Work. City’s acceptance of, or payment to Consultant for, the Services does not release Consultant from its responsibility for the accuracy , completeness, or competency of the Services, nor do the actions constitute an assumption of Consultant’s responsibility or liability by City for any defect or error in the Services.

DocuSign Envelope ID: D4A8CAA8-591F-49ED-A49D-2F96FFCD5A8A

EXHIBIT A
70895

15. Conflict of Interest. Consultant represents that no City employee or official has a financial interest in Consultant. Consultant shall not offer, encourage, or accept any financial interest in any part of Consultant's business by or from a City employee or official during the term of this Agreement or as a result of being awarded this Agreement. If any of the Services are paid by reimbursement from an agreement between City and a private party, Consultant represents that it has not performed any work for that private party during the 12-month period prior to the execution of this Agreement , and that it shall not negotiate, offer or accept any contract for services from that party during the term of this Agreement.

16. Economic Disclosure. Consultant shall comply with City’s local conflict of interest code and the Political Reform Act, and prepare and file an economic disclosure statement if the S ervices involve making, or participation in making, decisions which may have a material effect on the Consultants’ financial interest. While it is Consultant’s sole responsibility to evaluate its conflicts of interest, the Consultant nevertheless agrees to prepare and file an economic disclosure statement if requested by City.

17. Non-Exclusive Agreement. This is a non- exclusive agreement. City reserves the right to provide, and to retain other consultants to provide, services that are the same or similar to the Services described in this Agreement.

18. No Assignment. Consultant shall not assign or subcontract any of the Services without City’s prior written consent. For the purposes of this section, a change of fifty - percent or more in the ownership or control of Consultant constitutes an assignment.

19. Remedies. All remedies permitted or available under this Agreement, or at law or in equity, are cumulative and alternative, and the invocation of a right or remedy will not be construed to waive or elect a remedy with respect to any other available right or remedy. As a condition precedent to commencing legal action involving a claim or dispute against City arising from this Agreement, the Consultant must present a written claim to City in accordance with Chapter 3.42 of the Livermore Municipal Code.

20. Construction of Language . T he terms and conditions in this Agreement have been arrived at through negotiation and each party had a full and fair opportunity to review and revise this Agreement with legal counsel. Any ambiguity in this Agreement will not be resolved against either party as the drafting party. In the event of an inconsistency or conflict between the language in the body of the Agreement and an attachment hereto, the language in the body of the Agreement controls.

21. Entire Agreement; Modification . T his Agreement supersedes all other agreements, whether oral or written, between the parties with respect to the Services.

Any modification to this Agreement must be in writing and signed by both parties. In the event the original of this Agreement is lost or destroyed, an archi val copy maintained by City can be used in place of the original for all purposes with the same effect as if it was the original.

22. Notice. Notices under this Agreement must be delivered to the addresses below by deposit in the United States mail or by overnight delivery service, with postage prepaid and delivery confirmation:

DocuSign Envelope ID: D4A8CAA8-591F-49ED-A49D-2F96FFCD5A8A

EXHIBIT A
71896

TO CITY: Attention: City Engineer,
cc Michael Stamm,Construction Inspection Manager
City of Livermore
1052 S Livermore Avenue
Livermore, California 94550

TO CONSULTANT: Attention: Patrick Greenan, President/Principal-in-Charge Construction Testing Services, Inc.
2118 Rheem Drive
Pleasanton, CA 94588

23. Waiver. Failure to insist upon the strict performance of any term or conditions in this Agreement, no matter how long the failure continues, is not a waiver of the term or condition and does not bar the right to subsequently demand strict performance. To be effective, a waiver must be in writing and signed by the non-breaching party.

24. Severability. If a court of competent jurisdiction determines a provision in this Agreement is invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force and effect without being impaired in any way.

25. Survival. The terms, conditions, and obligations in Sections 8, 9, 10, and 11 shall survive the completion or termination of this Agreement.

26. Electronic Signatures. By signing this document, you are agreeing that you have reviewed this disclosure information and consent to transact business using electronic communications, to receive notices and disclosures electronically, and to utilize electronic signatures in lieu of using paper documents. You are not required to receive notices and disclosures or sign documents electronically. If you prefer not to do so, you may request to receive paper copies and withdraw your consent at any time.

27. Counterparts. This Agreement may be executed and delivered in one or more counterparts, each of which will be deemed to be an original copy of this Agreement, and all of which, when taken together, will be deemed to constitute one and the same agreement. The facsimile, email, or other electronically delivered signatures of the Parties shall be deemed to constitute original signatures, and facsimile or electronic copies hereof shall be deemed to constitute duplicate originals and shall be valid and effective for all purposes.

*********************************************************************************************

Signatures and Attachment List on the Next Page
DocuSign Envelope ID: D4A8CAA8-591F-49ED-A49D-2F96FFCD5A8A

EXHIBIT A
72897
In c
oncurrence and witness whereof, and in recognition of the mutual consideration provided therefore, the parties have executed this Agreement, effective on the date first written above.

CONSULTANT: Dated:

____________________________ ___________________________ By: Patrick Greenan,
Title: President/Principal-in-Charge

CITY OF LIVERMORE: Dated:

____________________________ ____________________________ By: Marianna Marysheva
Title: City Manager

APPROVED AS TO FORM:

___________________________
Assistant/City Attorney

APPROVED AS TO INSURANCE:

_______________________
Risk Manager/Analyst

Attachments:

Exhibit A – Scope of Work
Exhibit B – Insurance Requirements

DocuSign Envelope ID: D4A8CAA8-591F-49ED-A49D-2F96FFCD5A8A 5/30/2023 | 4:08 PM PDT

EXHIBIT A
73898
EXHIBIT “A”

SCOPE OF SERVICES & HOURLY RATES

GEOTHECHNICAL ENGINEERING, MATERIAL

TESTING AND INSPECTION

The Consultant will assign the qualified personnel to perform the work under schedules to be developed jointly with the Community Development Department, Engineering Division. Most of the requests for services will be handled by phone call or field contact the day prior. Some requests may be made the same day as needs may dictate.

The Consultant will be working with the Construction Inspection Manager and Design/Construction Section’s engineers and technicians on a multitude of City capital improvement projects, encroachment permits, and private developments where public improvements are being constructed. The Consultant will work only by written request of the City’s Construction Inspection Manager, Assistant City Engineer, or City Engineer, no calls for services to be accepted via any other source (i.e., contractors, developers, and consultants) or that are not in writing by authorized City Staff. The Consultant is to report all findings in the performance of services to the City within a reasonable mutually agreed upon time frame.

At the request of the City, the Consultant may perform the following work:

• Quality assurance testing on trench backfill, roadway embankments, pavements, and subgrades being performed in accordance with City approved plans and specifications and/or issued encroachment permits, all as per City Standard Details and Specifications, Caltrans Standard Specifications and Test Methods or as otherwise specified.

• Geotechnical investigative work, in relation to City streets and City structures.

Federal Highway Projects will be required to meet the City’s Quality Assurance Program for Federal Highway Projects (RFP Exhibit 2). Some investigative work requested may be in relation to aspects of concern where proposed City Buildings and related facilities may be constructed (such as, determinations of physical characteristics of soils at sites, including those parameters relating to particular design considerations). The Consultant may be asked to prepare soils reports for various City infrastructure projects or perform environmental site assessments for various properties.

• Investigative work to determine remediation and alternative plans primarily where field conditions don’t match original design parameters or the construction detail is precluded by field conditions or specification compliance may be unachievable or where designs may have been found to be inadequate during or after construction.

DocuSign Envelope ID: D4A8CAA8-591F-49ED-A49D-2F96FFCD5A8A

EXHIBIT A
74899
• Special inspections as required by Chapter 17 of the 2019 Edition of the California Building Code, including welding, post tension, concrete, reinforcement steel. Special Inspectors must be recognized by the Special Inspection Joint Review Committee. See Building Department handout (RFP Exhibit 3) for additional information relating to Special Inspection.

• Environmental site assessments and reconnaissance, including but not limited to asbestos, PCB, and lead abatement. Development of environmental abatement specifications. Ability to monitor friable asbestos and other hazardous materials during demolition, and provide inspection reports

• Coatings inspection and testing at various facilities. (I.E. sewer treatment plant)

• Hazardous material testing and/or survey for the classification of excavation and off-haul material and soils for various sites.

• SWPPP inspections and reporting. Develop SWPPP plans for construction projects and site monitoring.

• Availability of temporary inspection personnel if requested.

• Quality assurance testing for paving and grading, and structures.

• Materials sampling & testing including but not limited to concrete, structural steel, fire proofing, post tension asphalt concrete, aggregates, soils, coating & paints.

• Soils reports & investigations to determine soil structural characteristics, porosity, and stability. Develop geotechnical corrective recommendations when field conditions varies from the soil reports.

• Environmental testing of soils, groundwater, and gases as necessary to development of soils management plans.

The selected firm must have personnel certified by Caltrans to perform material testing on state funded projects and an available soils laboratory also certified by the State of California. Qualified consultants are requested to submit proposals to the City as provided herein and if successful, to sign the Agreement.

DocuSign Envelope ID: D4A8CAA8-591F-49ED-A49D-2F96FFCD5A8A

EXHIBIT A
75900
2019 California Building
DocuSign Envelope ID: D4A8CAA8-591F-49ED-A49D-2F96FFCD5A8A

EXHIBIT A
76901
DocuSign Envelope ID: D4A8CAA8-591F-49ED-A49D-2F96FFCD5A8A

EXHIBIT A
77902
DocuSign Envelope ID: D4A8CAA8-591F-49ED-A49D-2F96FFCD5A8A

EXHIBIT A
78903
DocuSign Envelope ID: D4A8CAA8-591F-49ED-A49D-2F96FFCD5A8A

EXHIBIT A
79904
DocuSign Envelope ID: D4A8CAA8-591F-49ED-A49D-2F96FFCD5A8A

EXHIBIT A
80905
DocuSign Envelope ID: D4A8CAA8-591F-49ED-A49D-2F96FFCD5A8A

EXHIBIT A
81906
DocuSign Envelope ID: D4A8CAA8-591F-49ED-A49D-2F96FFCD5A8A

EXHIBIT A
82907

EXHIBIT B

INSURANCE REQUIREMENTS

Minimum Scope and Limits of Insurance
Consultant/Contractor shall maintain limits no less than:

1. Commercial General Liability, including operations, products, and completed operations, as applicable:
$3,000,000 per occurrence/$6,000,000 aggregate for bodily injury, personal injury, and property damage. If Commercial General Liability or other form of insurance with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability:
$1 ,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation and Employer's Liability:

Statutory limits as required by the State of California including $1,000,000 Employers’ Liability per accident, per employee for bodily injury or disease. A waiver of subrogation is required for Workers’ Compensation insurance. If Consultant/Contractor is a sole proprietor, then they must sign “Contractor Release of Liability”.

4. Professional Liability/Errors and Omissions:
$1,000,000 per claim. In the event the professional liability insurance required by this contract is written on a claims-made basis, Consultant/Contractor warrants that any retroactive date under this policy shall precede the effective date of this contract and, either continuous coverage will be maintained, or an extended discovery period will be exercised for a period of two years beginning at the time work under this contract is completed.

Deductibles and Self-Insured Retention
All self-insured retentions (SIR) must be disclosed to Risk Management for approval and shall not reduce the limits of liability. Policies containing any self-insured retention (SIR) provision shall provide, or be endorsed to provide, that the SIR may be satisfied by either the named insured or the City of Livermore. The City of Livermore reserves the right to obtain a full certified copy of any insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later.

Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of no less than A:

VII and accepted to do business in the State of California, unless otherwise acceptable to the City of Livermore.

Other Insurance Provisions
The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:

DocuSign Envelope ID: D4A8CAA8-591F-49ED-A49D-2F96FFCD5A8A

EXHIBIT A
83908

1. The City of Livermore, its officers, officials, employees, and designated volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of the Consultant/Contractor; or automobiles owned, leased, hired or borrowed by the Consultant/Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City of Livermore, its officers, officials, employees, or volunteers.

2. The limits of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. The additional insured coverage under the Consultant’s/Contractor’s policy shall be primary and non-contributory and will not seek contribution from the City’s insurance or self-insurance and shall be at least as broad as ISO Form CG 20 10 04 13. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City of Livermore before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.

3. Any failure to comply with reporting or other provisions of the policy, including breaches of warranties, shall not affect coverage provided to the City of Livermore, its officers, officials, employees, or volunteers.

4. The Consultant’s/Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.

5. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party before expiration of the policy unless notice is delivered in accordance with policy provisions.

6. It shall be a requirement under this agreement that any available insurance proceeds broader than, or in excess of, the specified minimum insurance coverage requirements and/or limits shall be available to the additional insured. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named Insured; whichever is greater.

7. Certificate Holder section of the insurance certificate should read: City of Livermore, 1052 S. Livermore Avenue, Livermore, CA 94550

Verification of Coverage
Consultant/Contractor shall furnish certificates of insurance and endorsement(s) effecting coverage to the City of Livermore for approval. The endorsements shall be on forms acceptable to the City of Livermore. All certificates and endorsements are to be received and approved by the City of Livermore before work commences. The City of Livermore reserves the right to require complete and certified copies of all insurance policies required by this Agreement.

DocuSign Envelope ID: D4A8CAA8-591F-49ED-A49D-2F96FFCD5A8A

EXHIBIT A
84909