CITY COUNCIL
AGENDA
MONDAY, MARCH 11, 2024
REGULAR MEETING –
7:00 PM
MEETING PARTICIPATION INFORMATION CAN BE FOUND AT THE END OF THE AGENDA
IN PERSON INFORMATION:
CIVIC CENTER MEETING HALL
CITY COUNCIL CHAMBERS
1016 S. LIVERMORE AVENUE
ZOOM IS CURRENTLY SUSPENDED UNTIL FURTHER NOTICE
CITY OF LIVERMORE YOUTUBE CHANNEL:
https://www.youtube.com/c/CityofLivermoreCalifornia
TV29:
Comcast TV Channel 29
tv29live.org
John P Marchand, Mayor
Robert W Carling, Vice Mayor
Ben
Barrientos, Council Member
Evan Branning, Council Member
Brittni Kiick, Council Member
Livermore City Council Agenda
March 11, 2024
1 1.
CLOSED SESSION - NONE.
2. CALL TO ORDER
3. PROCLAMATIONS AND PRESENTATIONS
3.1 Commission for the Arts annual update presented by Chair Cathleen deOrnelas.
Recommendation:
Staff recommends the City Council receive the Commission for the Arts annual update.
Staff Report
3.2 Proclamation declaring March 2024 American Red Cross Month, presented to Kane Wong and Zel Helstrom, volunteers from the American Red Cross Alameda County Disaster Program.
Recommendation:
Staff recommends City Council proclaim March 2024 American Red Cross Month.
Staff Report
Attachments:
1. Proclamation
4. OPEN FORUM
In conformance with the Brown Act, no City Council action can occur on items presented during Open Forum.
To provide public comment in person, please submit a speaker card. When your name is called, walk to the lectern to address City Council.
Comments are limited to a maximum of 3 minutes per person, per item. The Mayor may reduce the amount of time based on the number of persons wishing to speak.
Comments are limited to one comment per person per item regardless of format or time submitted (this includes email and e-comment submissions prior to the meeting as well as live comments during the meeting).
Open Forum will conclude after 30 minutes; however, if there are additional speakers, Open Forum will reconvene before the meeting adjourns.
5. CONSENT CALENDAR
Consent Calendar items are considered routine and are acted upon by the City Council with a
ROLL CALL
Council Member Ben Barrientos
Council Member Evan Branning
Council Member Brittni Kiick
Vice Mayor Robert W. Carling
Mayor John Marchand
PLEDGE OF ALLEGIANCE
Livermore City Council Agenda
March 11, 2024
2 single action. Members of the audience wishing to provide public input must submit a speaker card found at the entrance of the Council Chambers. A speaker is limited to a single comment with a maximum of three minutes for the entire Consent Calendar. If Consent Calendar items are pulled for discussion by the City Council, a speaker will be allowed one comment on the items pulled for discussion and a separate comment for the remaining Consent Calendar. The one comment limit applies regardless of format or time submitted (this includes email and e- comment submissions prior to the meeting as well as live comments during the meeting).
5.1 Reapproval of draft minutes - February 12, 2024 Regular Meeting.
Recommendation:
Staff recommends the City Council reapprove the draft minutes.
Staff Report
Attachments:
1. DRAFT 2024-02-12
5.2 Approval of draft minutes - February 26, 2024 Regular Meeting.
Recommendation:
Staff recommends the City Council approve the draft minutes.
Staff Report
Attachments:
1. DRAFT 2024-02-26
5.3 Adoption of an ordinance amending Livermore Municipal Code (LMC) Chapter 5.50 Tobacco Retailer Licensing.
Recommendation:
Staff recommends City Council
adopt an ordinance
amending LMC Chapter 5.50 Tobacco
Retailer Licensing, to update retailer definitions and add compliance monitoring capabilities.
Staff Report
Attachments:
1. Redline Changes to Municipal Code
2. Ordinance
5.4 Resolution authorizing execution of the third amendment to the agreement between the City of Livermore and Alameda County accepting grant funding from the County of Alameda, Probation Department for mental health services provided by Horizons Family Counseling, for the term of January 1, 2024 through June 30, 2024, with a total amount not-to-exceed $381,300.
Recommendation:
Staff recommends the City Council adopt a resolution authorizing the City Manager to execute the third amendment to the agreement between the City of Livermore and Alameda County accepting grant funding from the County of Alameda, Probation Department for mental health services provided by Horizons Family Counseling, for the term of January 1, 2024 through
Livermore City Council Agenda
March 11, 2024
3 June 30, 2024, with a total amount not-to-exceed $381,300.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - Third Amendment
5.5 Resolution authorizing the acceptance for permanent maintenance, release of the security bonds, and execution of a Notice of Completion for the 2020 Multi Use Trail Repair Project 2018-20.
Recommendation:
Staff recommends the City Council adopt a resolution authorizing the acceptance for permanent maintenance and release of the security bonds for the 2020 Multi Use Trail Repair Project 2018-20 and authorizing the City Manager to sign the Notice of Completion.
Staff Report
Attachments:
1. Location Map
2. Resolution
3. Exhibit A - Notice of Completion
5.6 Resolution declaring parcels within the City which contain weeds, refuse, rubbish, and/or dirt a public nuisance requiring abatement, directing staff to proceed with the annual Fire Hazard Abatement Program, and set a public hearing date of April 15, 2024, to receive protests and direct staff to proceed with field abatement work.
Recommendation:
Staff recommends that the City Council adopt a resolution declaring parcels within the City which contain weeds, refuse, rubbish, and/or dirt a public nuisance requiring abatement, direct staff to proceed with the annual Fire Hazard Abatement Program, and set a public hearing date of April 15, 2024, to receive protests and direct staff to proceed with field abatement work.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - List of Parcels & Property Owners
5.7 Resolution of continued local emergency in response to impacts from a series of severe storm events last year.
Recommendation:
Staff recommends the City Council adopt a resolution of continued local emergency in response to impacts from a series of severe storm events last year.
Staff Report
Attachments:
Livermore City Council Agenda
March 11, 2024
4 1. Resolution
5.8 Resolution authorizing the adoption of the January 2024 Tri-Valley Local Hazard Mitigation Plan update.
Recommendation:
Staff recommends the City Council adopt a resolution:
1 .
Adopting Volume 1 and Livermore's portion of Volume 2 of the January 2024 Tri-Valley Local Hazard Mitigation Plan;
2 .
Directing staff to integrate the Plan's hazard mitigation Action Plan projects into existing City plans and programs, to the extent feasible;
3 .
Directing staff to incorporate the Plan into the updated General Plan Safety Element, in conformance with CA AB 2140; and
4 .
Affirming Livermore's commitment to the Planning Partnership, as described in the Plan, and help to promote and support the mitigation successes of all Planning Partners.
Staff Report
Attachments:
1. Hazard Mitigation Action Plan
2. Cal OES Approval/ Transmittal Letter
3. FEMA Approval Letter
4. Resolution
5. Exhibit A - Tri-Valley Local Hazard Mitigation Plan - Volume I
6. Exhibit B - Tri-Valley Local Hazard Mitigation Plan - Volume II
5.9 Resolution adopting a Sponsorship Policy establishing criteria and process for acceptance of sponsorships.
Recommendation:
Staff recommends City Council adopt a resolution adopting a Sponsorship Policy establishing criteria and process for acceptance of sponsorships.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - Sponsorship Policy
6. PUBLIC HEARINGS
Comments are limited to one comment per person per item regardless of format or time submitted (this includes email and e-comment submissions prior to the meeting as well as live comments during the meeting).
6.1 Hearing to consider a resolution approving the first substantial amendment to the City of Livermore’s U.S. Department of Housing and Urban Development Fiscal Year 2023-24 Action Plan, authorizing the City Manager to negotiate and execute any related documents, and approving a supplemental appropriation in the amount of $76,000 of Community Development Block Grant funds.
Livermore City Council Agenda
March 11, 2024
5 Recommendation:
Staff recommends the City Council adopt a resolution:
1 .
Approving the first substantial amendment to the City’s FY 2023-24 Annual Action Plan; 2 .
Authorizing the City Manager, or her designee, to negotiate and execute any documentation, agreements, and amended agreements with the U.S Department of Housing and Urban Development and Tri-Valley Haven for Women that are necessary and appropriate to carry out the purpose and intent of this resolution and effectuate the First Substantial Amendment to the City’s FY 2023-24 Annual Action Plan; 3 .
Approving a supplemental appropriation in the amount of $76,000 from the Community Development Block Grant Fund (Fund 613); and
4 .
Authorizing City Manager, or her designee, to take whatever actions are necessary and appropriate to carry out the purpose and intent of this resolution, including approving minor changes to the First Substantial Amendment to the City’s FY 2023-24 Annual Action Plan.
Staff Report
Attachments:
1. Annual Action Plan for the FY 2023-24 CDBG
2. Resolution
3. Exhibit A - First Substantial Amendment
7. MATTERS FOR CONSIDERATION - NONE.
Comments are limited to one comment per person per item regardless of format or time submitted (this includes email and e-comment submissions prior to the meeting as well as live comments during the meeting).
8. COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED BY CITY
MANAGER, CITY ATTORNEY, AND COUNCIL MEMBERS
9. ADJOURNMENT
To a Special City Council meeting on Monday, March 18, 2024 at 5:00 pm and a Regular City Council meeting on Monday, March 25, 2024 at 7:00 pm, Civic Center Meeting Hall, City Council Chambers, 1016 S. Livermore Avenue.
10. SUPPLEMENTAL MATERIALS
10.1 Supplemental materials received prior to the meeting.
Staff Report
Attachments:
1. Supplemental Materials
11. HOW TO PARTICIPATE IN YOUR CITY COUNCIL MEETING
You can participate in the meeting in a number of ways:
Open Forum
is an opportunity for the public to speak regarding items not listed on the
Livermore City Council Agenda
March 11, 2024
6 agenda. Speakers are limited to a maximum of 3 minutes per person. To address the City Council in person, you must submit a speaker card to the City Clerk prior to the start of that item. Please note that the City Council is prohibited by State law from taking action on any items that are not listed on the agenda. However, if your item requires action, the City Council may place it on a future agenda or direct staff to work with you and/or report to the City Council on the issue.
Public Hearings
- The topic of the hearing is typically summarized by staff, followed by a presentation by the applicant, and questions from the City Council. The Mayor will then open the hearing to the public and offer an opportunity for public comments. Speakers are limited to a maximum of 3 minutes per person. To address the City Council in person, you must submit a speaker card to the City Clerk prior to the start of the presentation of the item.
Other Agenda Items
are also open for public input including Consent Calendar or Matters for Consideration items. These comments are also subject to the 3-minute limit.
Special Meetings, Workshops
- The public will have the opportunity to address the City Council regarding the item that is the subject of the special meeting or workshop. Public comments are limited to a maximum of 3 minutes per person.
Platforms to Participate in Meetings:
Submission of Comments Prior to the Meeting:
Email Comments
may be submitted by the public to the City Clerk’s Office (
[email protected]
). Items received no later than 12:00 pm on the day of the meeting will be provided to the City Council and available on the City website prior to the meeting. These items will NOT be read into the record.
eComments
may be submitted by the public using the eComment link
here
. Comments may
be up to 1000 characters in length and will be accepted up until 4:00 pm the day of the meeting. These items will NOT be read into the record and are viewable by the City Council and the public upon submittal.
Submission of Comments During the Meeting:
Speakers are limited to a maximum of 3 minutes per person. To submit a comment you must complete a speaker card for each item. Speaker cards are available in the Civic Center Meeting Hall lobby. Indicate on the card the item number you wish to comment on and submit the card directly to the City Clerk prior to the start of the item. Please note that the City Council is prohibited by State law from taking action on any items that are not listed on the agenda.
However, if your item requires action, the City Council may place it on a future agenda or direct staff to work with you and/or report to the City Council on the issue.
The City will be using YouTube and TV29 as two tools to provide the public access to view City Council meetings. No public comment will be accepted via YouTube.
TV29:
tv29live.org
Comcast Cable 29
Livermore City Council Agenda
March 11, 2024
7 YouTube:
http://youtube.com/c/CityofLivermoreCalifornia
If you would like to deliver written materials to the City Council as part of your public comment, please provide 10 copies to the City Clerk with your speaker card.
The
City Council Agenda and Agenda Reports
are prepared by City staff and are available
for public review on Tuesday evening, six days prior to the City Council meeting in the Civic Center Library, 1188 South Livermore Avenue, Livermore, and at the City Clerk’s Office, 1052 South Livermore Avenue, Livermore. The Agenda is also available on the City’s website, http://LivermoreCA.gov/agenda
.
Under Government Code §54957.5, any
supplemental material
distributed to the members
of the City Council after the posting of this agenda will be available for public review in the City Clerk’s Office, 1052 South Livermore Avenue, Livermore, and included in the agenda packet available on the City’s web site at
http://LivermoreCA.gov/agenda
.
PURSUANT TO TITLE II OF THE AMERICANS WITH DISABILITIES ACT (CODIFIED AT 42 UNITED STATES CODE SECTION 12101 AND 28 CODE OF FEDERAL REGULATIONS PART 35), AND SECTION 504 OF THE REHABILITATION ACT OF 1973, THE CITY OF
LIVERMORE DOES NOT DISCRIMINATE ON THE BASIS OF RACE, COLOR, RELIGION,
NATIONAL ORIGIN, ANCESTRY, SEX, DISABILITY, AGE OR SEXUAL ORIENTATION IN THE PROVISION OF ANY SERVICES, PROGRAMS, OR ACTIVITIES. TO ARRANGE AN
ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PUBLIC MEETING, PLEASE
CONTACT THE ADA COORDINATOR AT
[email protected]
OR
CALL (925) 960-4170 (VOICE) OR (925) 960- 4104 (TDD) AT LEAST THREE (3) BUSINESS DAYS IN ADVANCE OF THE MEETING.
Livermore City Council Agenda
March 11, 2024
8 CITY COUNCIL STAFF REPORT
ITEM NO. 3.1
DATE:
March 11, 2024
TO:
Honorable Mayor and City Council
FROM:
Brandon Cardwell, Innovation and Economic Development Director SUBJECT:
Commission for the Arts annual update presented by Chair Cathleen deOrnelas.
RECOMMENDED ACTION
Staff recommends the City Council receive the Commission for the Arts annual update.
SUMMARY
DISCUSSION
ATTACHMENTS
Prepared by: Xochitl Ballesteros
Senior Clerk
Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
9 CITY COUNCIL STAFF REPORT
ITEM NO. 3.2
DATE:
March 11, 2024
TO:
Honorable Mayor and City Council
FROM:
Marianna Marysheva, City Manager
SUBJECT:
Proclamation declaring March 2024 American Red Cross Month, presented to Kane Wong and Zel Helstrom, volunteers from the American Red Cross Alameda County Disaster Program.
RECOMMENDED ACTION
Staff recommends City Council proclaim March 2024 American Red Cross Month.
SUMMARY
DISCUSSION
ATTACHMENTS
1. Proclamation
Prepared by: Stephanie Egidio
Assistant to the City Manager
Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
10 11
CITY COUNCIL STAFF REPORT
ITEM NO. 5.1
DATE:
March 11, 2024
TO:
Honorable Mayor and City Council
FROM:
Marianna Marysheva, City Manager
SUBJECT:
Reapproval of draft minutes - February 12, 2024 Regular Meeting.
RECOMMENDED ACTION
Staff recommends the City Council reapprove the draft minutes.
SUMMARY
DISCUSSION
ATTACHMENTS
1. DRAFT 2024-02-12
Prepared by: Debbie Elam
Acting City Clerk
Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
12 FEBRUARY 12, 2024 Minutes CM/75/1
CI
TY COUNCIL
FEBRUARY 12, 2024
________________________________________________________________ C
LOSED SESSION
CAL
L TO ORDER – The Closed Session of the City Council was called to order by Vice Mayor Robert W. Carling at 6:30 pm, held in person at 1016 S. Livermore Avenue and YouTube.
RO
LL CALL – Present: Vice Mayor Robert W. Carling and Council Members, Ben Barrientos, Evan Branning, and Brittni Kiick.
A
bsent: Mayor John Marchand
O
PPORTUNITY FOR THE PUBLIC TO ADDRESS THE CITY COUNCIL
REGARDING CLOSED SESSION ITEMS.
V
ice Mayor Carling opened the public comment period.
T
here were no speakers and the hearing was closed.
C
ity Attorney Jason Alcala made the following announcement: Pursuant to Government Code section 54956.9(e)(2), I would like to disclose that the session tonight relates to a claim LIVE -2023-2024-0138-01 by Hiderliter, de Llamas and Associates Inc. received on February 6, 2024, and a letter from their attorney dated January 18, 2024.
1. ADJ
OURN TO CLOSED SESSION
1.1 Anticipated Litigation – To meet with the City Attorney pursuant to Government Code section 54956.9(e) because there is significant exposure to litigation against the City based on existing facts and circumstances. (One Case) § 54956.9(e)(2) – Facts and circumstances including, but not limited to, an accident, disaster, incident, or transactional occurrence that might result in litigation against the agency and that are known to a potential plaintiff or plaintiffs. ______________________________________________________________ __ RE
GULAR MEETING
2 . CALL TO ORDER – The m eeting of the City Council was called to order by Vice Mayor Robert W. Carling at 7:00 pm, held in person at 1016 S. Livermore Avenue and YouTube.
ATTACHMENT 1
13 CM/75/2 Minutes FEBRUARY 12, 2024
ROLL CALL – Present: Vice Mayor Robert W. Carling and Council Members Ben Barrientos, Evan Branning, and Brittni Kiick.
Abs
ent: Mayor John Marchand
PLE
DGE OF ALLEGIANCE
REPO
RT OF ACTION TAKEN IN CLOSED SESSION
City
Attorney Jason Alcala said there was no reportable action.
3. PROCL
AMATIONS AND PRESENTATIONS
3.1 Air
port Commission annual update, presented by Chair Darin Bishop.
Benny S
tuth, Acting Airport Manager presented the annual update.
4. OPEN F
ORUM
Vic
e Mayor Carling opened the public comment period.
Gre
g Scott, provided a comment.
Donna C
abanne, provided a comment.
Shir
ley Lewandowski, provided a comment.
Feli
cia Ziomek, provided a comment.
Jackson
Peterson, provided a comment.
Jea
n King, provided a comment.
Connie
Kopps, provided a comment.
Karl
Wente, provided a comment.
There w
ere no more speakers, and the public comment period was closed.
5. CONSE
NT CALENDAR
Vic
e Mayor Carling opened the public comment period.
Connie
Kopps, provided a comment.
Karl
Wente, provided a comment.
There w
ere no more speakers, and the public comment period was closed.
ATTACHMENT 1
14 FEBRUARY 12, 2024 Minutes CM/75/3
ON THE MOTION OF COUNCIL MEMBER KIICK, SECONDED BY COUNCIL MEMBER BRANNING AND CARRIED ON A 4- 0 VOTE, THE CITY COUNCIL APPROVED THE CONSENT CALENDAR.
5.1 Approv
al of draft minutes
5.2 Adopti
on of O rdinance 2154 levying special taxes within Community Facilities District 2023-2 (Arroyo Vista Maintenance and Services) located on the east and west side of the Arroyo Seco Channel along Las Positas Road.
5.3 Resolution 2024-016 authorizing the acceptance for permanent maintenance, release of security bonds, and execution of a Notice of Completion for the 2023 Storm Damage Repair (Non- Arroyo Mocho Sites) Debris Removal Project S202300A, and Permanent Repair Project S202300P.
5.4 Resolution 2024-017 approving Final Tract Map 8379 Arroyo Vista - Phase 1, and authorizing execution of a Subdivision Improvement Agreement for the Arroyo Vista Project located on the west side of the Arroyo Seco Channel along Las Positas Road.
5.5 Resolution 2024-018 authorizing establishment of Administrative Guidelines for the deferral of Downtown Parking In-Lieu Fees.
6. PUBLI
C HEARINGS – NONE
7. MATT
ERS FOR CONSIDERATION - NONE
8. COUNCI
L COMMITTEE REPORTS AND MATTERS INITIATED BY CITY
MANAGER, CITY ATTORNEY, STAFF AND COUNCIL MEMBERS
THE M
AYOR AND CITY COUNCIL MEMBERS PROVIDED A SUMMARY OF
RECENTLY ATTENDED EVENTS AND MEETINGS IN ADDITION TO THE INFORMATION PROVIDED IN THE SUPPLEMENTAL PACKET. COUNCIL
MEMBERS WHO DID NOT PROVIDE A SUMMARY IN THE SUPPLEMENTAL PACKET ARE INCLUDED BELOW.
Live
rmore Amador Valley Transit Authority (LAVTA) Council Member Kiick noted her attendance at the board meeting on February 5, 2024.
League o
f California Cities (LOCC) Academy for Mayors and Council Members, Council Member Barrientos noted his attendance January 24- 26, 2024.
Assemb
ly Member Rebecca Bauer -Kahan, Council Member Barrientos noted his attendance at a meeting with Assembly Member Bauer -Kahan’s field representative.
Spri
ngtown Homeowners Association, Council Member Barrientos noted his attendance at the meeting.
ATTACHMENT 1
15 CM/75/4 Minutes FEBRUARY 12, 2024
St
opwaste.org Vice Mayor Carling encouraged people to view the website regarding grant funding.
9. ADJ
OURNMENT – at 7:42 pm to a Regular City Council Meeting on Monday, February 26, 2024, at 7:00 pm, Civic Center Meeting Hall, City Council Chambers, 1016 S. Livermore Avenue.
APPROVED:
RO BERT W. CARLING, VICE MAYOR
ATTEST: __
DEB ORAH L. ELAM, ACTING CITY CLERK
ATTACHMENT 1
16 CITY COUNCIL STAFF REPORT
ITEM NO. 5.2
DATE:
March 11, 2024
TO:
Honorable Mayor and City Council
FROM:
Marianna Marysheva, City Manager
SUBJECT:
Approval of draft minutes - February 26, 2024 Regular Meeting.
RECOMMENDED ACTION
Staff recommends the City Council approve the draft minutes.
SUMMARY
DISCUSSION
ATTACHMENTS
1. DRAFT 2024-02-26
Prepared by: Debbie Elam
Acting City Clerk
Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
17 FEBRUARY 26, 2024 Minutes CM/75/1
CI
TY COUNCIL
February 26, 2024
________________________________________________________________ RE
GULAR MEETING
2 . CALL TO ORDER – The m eeting of the City Council was called to order by Mayor John Marchand at 7:00 pm, held in person at 1016 S. Livermore Avenue and YouTube.
RO
LL CALL – Present: Mayor John Marchand, Vice Mayor Robert W. Carling, and Council Members, Ben Barrientos and Evan Branning.
A
bsent: Council Member Kiick
P
LEDGE OF ALLEGIANCE
3 . PROCLAMATIONS AND PRESENTATIONS
3 .1 2023 Climate Action Plan Progress Report, presented by Tricia Pontau, Sustainability Program Manager.
T
ricia Pontau, Sustainability Program Manager presented the 2023 Climate Action Plan Progress Report.
3 .2 2024 Eastern Alameda County Human Services Needs Assessment and Final Report, presented by Josh Thurman, Human Services Program Manager and Bex Reno of JSI Research and Training Institute.
J
osh Thurman, Human Services Program Manager , Bex Reno and Anupam Sharma of JSI Research and Training Institute presented the 2024 Eastern Alameda County Human Services Needs Assessment and Final Report. 4 . OPEN FORUM
Ma
yor Marchand opened the public comment period.
B
ill Turnquist, provided a comment.
G
reg Scott, provided a comment.
D
avid McGuigan, provided a comment.
ATTACHMENT 1
18 CM/75/2 Minutes FEBRUARY 26, 2024
Melanie Hendrickson, provided a comment.
Felicia Ziomek, provided a comment.
Donna Cabanne, provided a comment.
Jan Higdon, provided a comment.
Doug Mann, provide a comment.
Dane Lowry, provided a comment.
Constance Kopps, provided a comment.
Kelle Gouveia, provided a comment.
Brett Adams, provided a comment.
Karl Wente, provided a comment.
There were no more speakers, and the public comment period was closed.
5. CONSENT CALENDAR
Mayor Marchand opened the public comment period.
Item 5.4 Dan Slavec provided a comment.
Item 5.4 Constance Kopps provided a comment.
Item 5.1 Karl Wente provided a comment.
There were no more speakers, and the public comment period was closed.
ON THE MOTION OF VICE MAYOR CARLING , SECONDED BY COUNCIL MEMBER BRANNING AND CARRIED ON A 4- 0 VOTE, THE CITY COUNCIL APPROVED THE CONSENT CALENDAR.
5.1 Approval of draft minutes
5.2 Resolution 2024-019 authorizing a first amendment to the agreement with LSA Associates, Inc. to provide environmental documentation services, increasing the scope of services and the compensation not-to-exceed amount from $54,050 to $166,565, and extending the term of the agreement to May 31, 2025.
5.3 Resolution 2024-020 authorizing execution of an agreement with David L.
Gates & Associates, Inc., in an amount not-to-exceed $280,528 and a term ending May 1, 2026, to provide landscape design services and construction support ATTACHMENT 1
19 FEBRUARY 26, 2024 Minutes CM/75/3
services for the Flagpole Plaza and Downtown Streetscape Improvements Project No. 2022-25.
5.4 Resolution 2024-021 authorizing execution of an agreement with RRM Design Group, in an amount not-to-exceed $535,110 with a term ending December 31, 2026, to provide design and construction support services for Springtown Open Space Phase 1 Improvements Project 2023-19.
5.5 Resolution 2024-022 authorizing execution of agreements with Interwest Consulting Group Inc. and CSG Consultants, Inc. to provide on-call plan check and development review services, each with not-to-exceed amounts of $400,000 and approximately four-year terms.
5.6 Resolution 2024-023 authorizing the Altamont Settlement Agreement Education Advisory Board's $631,220 Expenditure Plan for FY 2024-25.
5.7 Resolution 2024-024 amending the City of Livermore Salary Plan adding the classifications titled Supervising Purchasing Specialist and Community Service Specialist II.
5.8 Resolution 2024-025 authorizing execution of the first amendment to the Memorandum of Understanding with the Alameda County Department of Environmental Health for SB 1383 edible food recovery inspection services.
5.9 Resolution 2024-026 authorizing approval of the Governments of Livermore Financing Authority (GOLFA) Termination Agreement.
6. PUBLIC HEARINGS
6.1 Hearing to introduce an ordinance amending Livermore Municipal Code (LMC) Chapter 5.50 Tobacco Retailer Licensing.
Recommendation: Staff recommended the City Council introduce an ordinance and waive the first reading amending LMC Chapter 5.50 Tobacco Retailer Licensing, to update retailer definitions and add compliance monitoring capabilities.
Police Captain John Reynolds, presented the staff report.
Mayor Marchand opened the public hearing.
Greg Scott, provided a comment.
Karl Wente, provided a comment.
There were no more speakers, and the hearing was closed.
ON THE MOTION OF VICE MAYOR CARLING SECONDED BY COUNCIL MEMBER BARRIENTOS AND CARRIED ON A 4-0 VOTE, THE CITY COUNCIL ATTACHMENT 1
20 CM/75/4 Minutes FEBRUARY 26, 2024
INTRODUCED THE FOLLOWING ORDINANCE:
Ordinance introduced amending LMC Chapter 5.50 Tobacco Retailer Licensing, to update retailer definitions and add compliance monitoring capabilities.
6.2 Hearing to consider adopting a resolution establishing a fee to cover staff costs when reviewing Preliminary Applications in accordance with the provisions of California Senate Bill No. 330, "The Housing Crisis Act of 2019."
Recommendation: Staff recommended the City Council adopt a resolution establishing a Preliminary Application fee for eligible housing development projects, in accordance with the provisions of California Senate Bill No. 330, "The Housing Crisis Act of 2019", in the amount of $580.
Assistant Planner Kaitlyn Harrison presented the staff report.
Mayor Marchand opened the public hearing.
Greg Scott, provided a comment.
There were no more speakers, and the hearing was closed.
ON THE MOTION OF COUNCIL MEMBER BRANNING , SECONDED BY VICE MAYOR CARLING AND CARRIED ON A 4- 0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION:
Resolution 2024- 027 establishing a fee to cover staff costs when reviewing Preliminary Applications in accordance with the provisions of California Senate Bill No. 330, "The Housing Crisis Act of 2019."
7. MATTERS FOR CONSIDERATION – NONE
8. COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED BY CITY
MANAGER, CITY ATTORNEY, STAFF AND COUNCIL MEMBERS
THE MAYOR AND CITY COUNCIL MEMBERS PROVIDED A SUMMARY OF
RECENTLY ATTENDED EVENTS AND MEETINGS IN ADDITION TO THE INFORMATION PROVIDED IN THE SUPPLEMENTAL PACKET. COUNCIL
MEMBERS WHO DID NOT PROVIDE A SUMMARY IN THE SUPPLEMENTAL PACKET ARE INCLUDED BELOW.
None.
9. ADJOURNMENT – at 8:55 pm to a Regular City Council Meeting on Monday, March 11 , 2 024, at 7:00 pm, Civic Center Meeting Hall, City Council Chambers, 1016 S. Livermore Avenue.
ATTACHMENT 1
21 FEBRUARY 26, 2024 Minutes CM/75/5
APPROVED:
JOHN P. MARCHAND, MAYOR
ATTEST:
___
DEBORAH L. ELAM, ACTING CITY CLERK
ATTACHMENT 1
22 CITY COUNCIL STAFF REPORT
ITEM NO. 5.3
DATE:
March 11, 2024
TO:
Honorable Mayor and City Council
FROM:
Jeramy Young, Police Chief
SUBJECT:
Adoption of an ordinance amending Livermore Municipal Code (LMC) Chapter 5.50 Tobacco Retailer Licensing.
RECOMMENDED ACTION
Staff recommends City Council
adopt an ordinance
amending LMC Chapter 5.50 Tobacco Retailer
Licensing, to update retailer definitions and add compliance monitoring capabilities.
SUMMARY
DISCUSSION
ATTACHMENTS
1. Redline Changes to Municipal Code
2. Ordinance
Prepared by: Joseph Draghi
Police Lieutenant
Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
23 Chapter 5.50
TOBACCO RETAIL LICENSING
Sections:
5.50.010 Purpose.
5.50.020 Definitions.
5.50.030 License required.
5.50.040 Ineligible to receive a license.
5.50.050 Locations.
5.50.060 Application and renewal procedure – Fees.
5.50.070 Issuance or denial.
5.50.080 Licenses are not transferable.
5.50.090 Licensee obligations.
5.50.100 Sale of flavored tobacco, electronic smoking devices, and fluid prohibited.
5.50.110 Compliance monitoring and inspection by City of Livermore officials.
5.50.120 Violation.
5.50.130 Penalties.
5.50.140 Suspension or revocation of license.
5.50.150 Summary suspension and revocation of license.
5.50.160 Other laws.
5.50.010 Purpose.
The purpose of this chapter is to encourage responsible tobacco retailing and to discourage violations of tobacco-related laws, especially those that prohibit or discourage the sale or distribution of tobacco products to minors. It is not the purpose of this chapter to expand or reduce the degree to which the activities regulated by federal or state law are criminally proscribed or to alter the penalties provided for violations of federal or state tobacco-related laws.
5.50.020 Definitions.
The following words and phrases, whenever used in this chapter, shall have the meanings defined in this section unless the context clearly requires otherwise:
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24 A. “Arm’s length transaction” means a sale in good faith and for valuable consideration that reflects the fair market value in the open market between two informed and willing parties, neither of which is under any compulsion to participate in the transaction. A sale between relatives, related companies or partners, or a sale for the primary purpose of avoiding the effect of the violations of this chapter, is presumed not to be an “arm’s length transaction.” B. “Characterizing flavor” means a taste or aroma, other than the taste or aroma of tobacco, imparted either prior to or during consumption of a tobacco product or any byproduct produced by a tobacco product, including, but not limited to, tastes or aromas relating to menthol, mint, wintergreen, fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, herb, or spice.
C. “Department” means the Livermore police department and any other department, division, or person designated by the City to enforce or administer the provisions of this chapter.
D. “Electronic smoking device” means any device or delivery system that can be used to deliver nicotine in aerosolized or vaporized form to a person, as well as any component, part, or accessory for the device that is used during its operation. “Electronic smoking device” includes electronic cigarettes as defined in Section 30121 of the California Revenue and Taxation Code, and any other device manufactured, distributed, marketed, or sold as an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, or any other product name or descriptor, that can be used to deliver nicotine in aerosolized or vaporized form to a person. “Electronic smoking device” does not include any product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes where that product is marketed and sold solely for such approved use.
E. “Electronic smoking device fluid” means any liquid or substance that can be used by an electronic smoking device.
F. “Flavored tobacco product” means any tobacco product that imparts a characterizing flavor.
G. “License” means a tobacco retailer license issued by the City pursuant to this chapter.
H. “Licensee” means any proprietor that was issued a license by the City for tobacco retailing pursuant to this chapter.
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25 I. “New FDA approved tobacco product” means a new tobacco product as defined in 21 U.S.C.
Section 387j(a)(1) of the Family Smoking Prevention and Tobacco Control Act of 2009 when that product requires premarket review by the United States Food and Drug Administration and that product has obtained a premarket review order under 21 U.S.C. Section 387j(c)(1)(A)(i), as those statutes may be amended from time to time.
J. “Proprietor” means a person with an ownership or managerial interest in a tobacco retailing business. An ownership interest shall be deemed to exist when a person has a 10 percent or greater interest in stock, assets, or income of a business other than the sole interest of security for debt. A managerial interest shall be deemed to exist when a person has, or can have, sole or shared control over the day-to-day operations of a business.
K. “Tobacco paraphernalia” means any item designed or marketed for the consumption, use, or preparation of a tobacco product.
L. “Tobacco product” means any product containing, made from, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, snuff; any electronic smoking device; any electronic smoking device fluid; and any component, part, or accessory of a tobacco product, whether or not sold separately. “Tobacco product” does not include any product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes where that product is marketed and sold solely for such approved use. Examples of the products approved by the United States Food and Drug Administration for the cessation of smoking include skin patches, lozenges, gum, and prescription medications. Also, “tobacco product” does not include any drugs, devices, or combination products authorized for sale by the United States Food and Drug Administration, as those terms are defined in the Federal Food, Drug and Cosmetic Act, provided the drug, device, or combination product is not otherwise prohibited by this chapter as a flavored tobacco product.
M. “Tobacco retailer” means any person who sells, offers for sale, exchanges, or offers to exchange, whether in person, online, or by some other method, any tobacco, tobacco product, or tobacco paraphernalia for consideration, without regard to the quantity sold, offered for sale, exchanged, or offered to exchange.
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26 N. “Tobacco retailing” means the conduct of selling, offering for sale, exchanging, or offering to exchange, whether in person, online, or by some other method, any tobacco, tobacco product, or tobacco paraphernalia for any form of consideration, without regard to the quantity sold, offered for sale, exchanged, or offered to exchange.
O. “Youth-populated area” means a parcel in the City that is occupied by a private or public kindergarten, elementary, middle, junior high, or high school; library open to the public; playground open to the public; youth center, defined as a facility where children, ages six to 17, inclusive, come together for programs and activities; recreation facility open to the public, defined as an area, place, structure, or other facility that is used either permanently or temporarily for community recreation, even though it may be used for other purposes, which includes, but is not limited to, a gymnasium, playing court, playing field, and swimming pool; or licensed commercial child care or preschool facility.
5.50.030 License required.
A. No person shall be a tobacco retailer, or conduct tobacco retailing, in the City without a valid license. A person is a tobacco retailer, or is conducting tobacco retailing, in the City if any part of the sale occurs in the City, regardless of the location of the purchaser of the tobacco products.
B. No person shall conduct tobacco retailing at a location in the City without a valid license for that specific location.
C. The term of each license is one year, unless the license is revoked.
D. Nothing in this chapter shall be construed to grant any person obtaining a license any status or right other than to conduct tobacco retailing at the location in the City identified on the face of the license, subject to compliance with all other applicable laws, regulations, and ordinances.
Nothing in this chapter shall be construed to render inapplicable, supersede, or apply in lieu of any other provision of applicable law, including, without limitation, any condition or limitation on indoor smoking made applicable to business establishments by California Labor Code Section 6404.5.
5.50.040 Ineligible to receive a license.
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27 In addition to any other penalty authorized by law, if a court of competent jurisdiction determines, or the department finds and determines after hearing pursuant to LMC 5.50.110(C), that any person has engaged in tobacco retailing without a valid license, either directly or through the person’s agents or employees, or that a licensee violated this chapter, then that person or licensee shall be ineligible to apply for, or to be issued, a license as follows:
A. After a first violation of this chapter at a location within any five-year period, no license may be issued to the person, licensee, or for the location (unless ownership of the business at the location has been transferred in an arm’s length transaction), until 30 days have passed from the date of the violation.
B. After a second violation of this chapter at a location within any five-year period, no license may be issued to the person, licensee, or for the location (unless ownership of the business at the location has been transferred in an arm’s length transaction), until 90 days have passed from the date of the violation.
C. After of a third or subsequent violation of this chapter at a location within any five-year period, no license may be issued to the person, licensee, or the location (unless ownership of the business at the location has been transferred in an arm’s length transaction), until five years have passed from the date of the violation.
5.50.050 Locations.
A. Licenses shall only be issued for tobacco retailing at fixed locations.
B. Licenses shall not be issued for itinerant tobacco retailing, tobacco retailing from vehicles or carts, or for tobacco retailing that involves the delivery of tobacco products or tobacco paraphernalia from a fixed location in the City to a customer at a different location in the City.
C. Except as provided in subsection D of this section, no license shall be issued, and no existing license may be renewed, for tobacco retailing within 1,000 feet of a youth-populated area. The distance between a youth-populated area and a tobacco retailing location shall be measured by a straight line from the nearest point of the property line for the parcel where the youth- populated area is located to the nearest point of the property line for the parcel where the tobacco retailing location is located or proposed to be located.
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28 D. The prohibition in subsection C of this section does not apply to following legal nonconforming tobacco retailing:
1. Any proprietor that on the date the ordinance codified in this chapter is adopted is lawfully conducting tobacco retailing at a location that would be prohibited by this chapter from receiving a license due to its proximity to a youth-populated area, and which proprietor and location are otherwise eligible to receive a license, will be considered legal nonconforming general retail land use subject to the provisions in Livermore Development Code Chapter 9.16, Nonconforming Provisions, for the purposes of the license application, issuance, and renewal provisions in this chapter, but the proprietor must obtain a license and otherwise comply with the requirements of this chapter for tobacco retailing; and
2. Any licensee with a license for a location that would be prohibited from receiving a license due to its proximity to a youth-populated area that was created after the license was issued, and which licensee and location are otherwise eligible to receive a license, will be considered legal nonconforming retail land use subject to provisions in Chapter
9.16 LDC, Nonconforming Provisions, for the purposes of the license application, issuance, and renewal provisions of this chapter.
5.50.060 Application and renewal procedure – Fees.
A. All applications for a license, and to renew a license, shall be submitted to the department in the name of each proprietor proposing to conduct tobacco retailing and shall be signed by each proprietor or an authorized agent thereof. A separate application must be submitted for each location where tobacco retailing will occur. Each application shall be submitted on a form supplied by the department and must contain the following information:
1. The name, address, email address, and telephone number of each proprietor for the tobacco retailing business;
2. The business name, address, and telephone number for the fixed location for the tobacco retailing business;
3. The name, address, email address, and telephone number for the primary person authorized by each proprietor to receive all communications and notices required by, authorized by, or convenient to the enforcement of this chapter; ATTACHMENT 1
29 4. Proof that each proprietor has been issued a valid state license for the sale of tobacco products;
5. Whether or not a proprietor applying for the license was previously issued a license pursuant to this chapter that is, or was at any time, suspended or revoked, and if so, the dates of the suspension period or the date of revocation;
6. Whether or not any proprietor has been cited a violation of this chapter, and if so, the dates of the citation;
7. Whether or not any proprietor has been cited for a violation of any local, state, or federal tobacco-related law, and if so, the name of the agency that issued the citation and the date the citation was issued; and
8. Such other information as the department deems necessary for the administration or enforcement of this chapter as specified on the application form required by this section.
B. The fee for issuance or renewal of a license shall be established by resolution of the City Council and shall be in addition to the City’s business operation tax and any other license or permit fee imposed by this code upon the applicant.
1. The license fee shall be paid to the City at the time the license application is submitted.
2. The fee shall be calculated so as to recover the cost of administration and enforcement of this chapter, including, for example, issuing a license, administering the license program, retailer education, retailer inspection and compliance checks, documentation of violations, and prosecution of violators, but shall not exceed the cost of the regulatory program authorized by this chapter.
3. License fees are nonrefundable except as may be required by law.
C. A licensee may renew a license as follows:
1. A proprietor may renew an unexpired license that has not been revoked. To renew the license, the proprietor need only submit the applicable license fee to the City no more than 60 days and no less than 30 days before the expiration of the license to be renewed.
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30 2. A proprietor may renew an expired license that has been expired for less than six months by submitting:
a. A license fee and application renewal form that provides all the information required to apply for a license; and
b. A declaration under the penalty of perjury that the proprietor did not conduct tobacco retailing after the licensed expired, and that the proprietor will not conduct tobacco retailing until a new license is issued.
3. A proprietor may not renew a license that has been expired more than six months prior to the renewal, or revoked, and instead must submit a new application.
D. All information specified in an application pursuant to this section shall be subject to disclosure under the California Public Records Act.
5.50.070 Issuance or denial.
A. Upon the receipt of a complete license application and the license fee required by this chapter, the department shall review the application and issue a license unless substantial evidence demonstrates that one or more of the following bases for denial exist:
1. The information presented in the application is inaccurate or false;
2. The application seeks a license for a tobacco retailing activity that is not authorized by this chapter, or is prohibited by this chapter or other law;
3. The application seeks a license for more than one location;
4. The application seeks a license for a proprietor that requires, but has not received, a valid state license for the sale of tobacco products;
5. The application seeks a license for a location that requires, but has not received, a valid state license for the sale of tobacco products;
6. The application seeks a license for a location that is within 1,000 feet of a youth- populated area and the location does not qualify for a legal nonconforming use exception set forth in this chapter;
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31 7. The application seeks a license for a proprietor that this chapter provides is ineligible to receive a license; or
8. The application seeks a license for a location where a license was revoked less than five years prior to the application.
B. Nothing in this chapter shall be construed to vest in any person obtaining and maintaining a license any status or right to act as a tobacco retailer in contravention of any provision of law.
5.50.080 License are not transferable.
A license is nontransferable. If a licensee changes business location, that licensee must obtain a new license prior to conducting tobacco retailing at the new location. If a business licensed to conduct tobacco retailing is transferred to a new proprietor, the new proprietor must obtain a license before conducting tobacco retailing at that location.
5.50.090 Licensee obligations.
A. It is the responsibility of each proprietor to be informed regarding all laws applicable to tobacco retailing, including those laws affecting the issuance of a license. No proprietor may rely on the issuance of a license as a determination by the City that the proprietor has complied with all laws applicable to tobacco retailing.
B. Each license shall be prominently displayed in an area that is visible to the public at the licensed location.
C. Each licensee shall inform the department in writing of any change in the information submitted in an application for an issued license within 10 calendar days of a change.
D. No licensee shall sell a tobacco product or tobacco paraphernalia to another person who is under the age of 27 years without first examining the person’s identification to confirm that the person is at least the minimum age for sale of tobacco products as established by state law.
E. Licensee, and the agents and employees of the licensee, shall not violate any federal or state tobacco-related laws regarding the sale of tobacco or tobacco products to underage persons.
5.50.100 Sale of flavored tobacco, electronic smoking devices, and fluid prohibited.
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32 A. The sale, offer for sale, exchange, or offer to exchange of any flavored tobacco product is prohibited.
1. There is a rebuttable presumption that a tobacco product is a flavored tobacco product if the product manufacturer, tobacco retailer, or any of their respective agents or employees has made a public statement or claim that the tobacco product has or produces a characterizing flavor, including, but not limited to, text, color, or images on the product’s labeling or packaging that are used to expressly or impliedly communicate that a tobacco product has a characterizing flavor.
2. There shall be a rebuttable presumption that anyone in possession of four or more flavored tobacco products as part of a commercial enterprise, including, but not limited to, individual flavored tobacco products, packages of flavored tobacco products, or any combination thereof, possesses such flavored tobacco products with intent to sell, offer for sale, exchange, or offer to exchange.
B. The sale, offer for sale, exchange, or offer to exchange of any electronic smoking device is prohibited, except where the electronic smoking device is a new FDA approved tobacco product.
C. The sale, offer for sale, exchange, or offer to exchange of any electronic smoking device fluid is prohibited, except where the electronic smoking device fluid is an FDA approved tobacco product that is not otherwise prohibited by this chapter as a flavored tobacco product.
5.50.110 Compliance monitoring and inspection by City of Livermore officials.
A. Compliance with this chapter shall be monitored by the department. In addition, any peace officer may enforce the penal provisions of this chapter. The City may designate additional persons to monitor compliance with this chapter.
B. Inspections. The department shall inspect each tobacco retailer at least one time during every 12-month period.
1. The investigating and enforcing officials of the City of Livermore, or their designees, shall have the right to enter the premises of any licensed tobacco retail establishment ATTACHMENT 1
33 during regular business hours to make reasonable inspections and to observe and enforce compliance with the applicable regulations, laws, and provisions of this chapter.
2. Inspections by the department shall not be limited to the areas available to the public and may consist of all areas of the business establishment. The department shall conduct inspections at a time and in a manner that will minimize business interruption.
3. Any person who knowingly or willfully refuses to permit the department or their designees to conduct an inspection or examination of the business will be in violation of this section and will face a civil fine of not less than $250 and not exceeding $1,000 per violation or revocation of their tobacco retail license.
C. The department may conduct a hearing to determine whether a licensee, or an agent or employee of the licensee, has violated any of the requirements, conditions, or prohibitions of this chapter or has pleaded guilty, no contest or its equivalent, or admitted to a violation of this chapter or any federal or state tobacco-related laws. The department shall provide notice of the date, time, and location of the hearing to the primary person authorized by each proprietor to receive all communications and notices required by, authorized by, or convenient to the enforcement of this chapter. The hearing may not be conducted less than 14 days after the notice for the hearing is issued. The hearing need not be conducted according to the technical rules relating to evidence and witnesses, but shall comply with the provisions in Government Code Sections 11512(a), (b), and (c). Oral evidence shall be taken only upon oath or affirmation, and irrelevant and unduly repetitious evidence shall be excluded. The department and the licensee have the right to: call and examine witnesses on any matter relevant to the issues of the hearing; introduce documentary and physical evidence; cross-examine opposing witnesses on any matter relevant to the issues of the hearing; to impeach any witness regardless of which party called the witness to testify; to rebut evidence; to take notice of any fact that may be judicially noticed, whether that notice is taken before or after the hearing; and to represent himself or herself, or to be represented by anyone of his or her choice who is lawfully permitted to do so. The department shall mail written findings and its determination after hearing to the primary person authorized by each proprietor to receive all communications and notices required by, authorized by, or convenient to the enforcement of this chapter.
D. Nothing in this chapter creates a right of action in any licensee or other person against the City or its agents or its employees.
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34 5.50.120 Violation.
A. It is a violation of this chapter to do any of the following:
1. Conduct tobacco retailing without a license;
2. Conduct tobacco retailing at a location that is not licensed;
3. Conduct tobacco retailing at a location that is not fixed;
4. Conduct tobacco retailing that involves the delivery of tobacco products or tobacco paraphernalia from a fixed location in the City to a customer at a different location in the City;
5. Fail to fulfill the licensee obligations set forth in LMC 5.50.090;
6. Sell, offer for sale, exchange, or offer to exchange any electronic smoking device prohibited by LMC 5.50.100(B) in the City;
7. Sell, offer for sale, exchange, or offer to exchange any electronic smoking device fluid in the City;
8. Sell, offer for sale, exchange, or offer to exchange any flavored tobacco in the City; and to
9. Violate any local, state, or federal law applicable to tobacco products, tobacco paraphernalia, or tobacco retailing.
B. Causing, permitting, aiding, abetting, or concealing a violation of any provision of this chapter shall also constitute a violation of this chapter.
C. Each sale in violation of this chapter shall be regarded as a new and separate offense. Each day any violation of this chapter continues shall be regarded as a new and separate offense.
The remedies provided in this chapter shall be cumulative and exclusive.
D. Violations of this chapter are hereby declared to be public nuisances.
E. This chapter is not intended and nothing in this chapter shall be interpreted to penalize the purchase, use, possession, or attempted purchase, use, or possession of tobacco products, ATTACHMENT 1
35 tobacco paraphernalia, electronic smoking devices, or electronic smoking device fluid by persons under 21 years of age; provided, however, persons under 21 years of age remain subject to generally applicable laws regulating such conduct without respect to the person’s age.
5.50.130 Penalties.
A. The remedies provided by this chapter are cumulative and in addition to any other remedies available at law or in equity.
B. Whenever evidence of a violation of this chapter is obtained in any part through the participation of a person under the age of 21 years old, such person shall not be required to appear or give testimony in any civil or administrative process brought to enforce this chapter and the alleged violation shall be adjudicated based upon the sufficiency and persuasiveness of the evidence presented.
C. Violations of this chapter are subject to a civil action brought by the District Attorney or the City Attorney, punishable by a civil fine not less than $250.00 and not exceeding $1,000 per violation.
D. Violations of this chapter may, in the discretion of the prosecuting District Attorney or City Attorney, be prosecuted as infractions or misdemeanors when the interests of justice so require.
E. In addition to other remedies provided by this chapter or by other law, any violation of this chapter may be remedied by a civil action brought by the City Attorney, including, for example, administrative or judicial nuisance abatement proceedings, civil code enforcement proceedings, and suits for injunctive relief.
F. Any business operating without a valid tobacco retail license issued pursuant to this chapter shall be subject to the full extent of the law including criminal prosecution and seizure of tobacco products for preservation as evidence of violation of this chapter.
5.50.140 Suspension or revocation of license.
A. A license issued contrary to this chapter, contrary to any other law, or on the basis of false or misleading information supplied by a proprietor shall be revoked.
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36 B. In addition to any other remedy authorized by law, a license shall be suspended or revoked if any court of competent jurisdiction determines, or the department finds and determines after hearing pursuant to LMC 5.50.110(C), that the licensee, or any agent or employee of the licensee, violated any of the requirements, conditions, or prohibitions of this chapter or has pleaded guilty, no contest or its equivalent, or admitted to a violation of this chapter or any federal or state tobacco-related laws.
1. Upon a finding by the department of a first violation of this chapter at a location within any five-year period, the license shall be suspended for 30 days.
2. Upon a finding by the department of a second violation of this chapter at a location within any five-year period, the license shall be suspended for one year.
3. Upon a finding by the department of three or more violations of this chapter at a location within any five-year period, the license shall be revoked.
C. When a license is suspended, the licensee and all employees and agents must immediately cease all tobacco retailing and remove all tobacco products from public view from the licensed location, during the term of the suspension.
D. When a license is revoked, the licensee and all employees and agents must immediately cease all tobacco retailing and remove all tobacco products from public view from the licensed location, and no tobacco retailing may occur at that location unless and until a new license is issued pursuant to this chapter.
E. Violations at a location shall continue to be counted against a location and license ineligibility periods shall continue to apply to a location unless:
1. The tobacco retailing business at the location has been transferred to new proprietor(s) in an arm’s length transaction; and
2. The new proprietor(s) obtain a license to conduct tobacco retailing at that location.
F. A decision of the department to suspend a license is appealable to the City Manager and any appeal must be filed in writing with the city clerk within 10 days of mailing of the department’s decision. If such an appeal is timely made, it shall stay enforcement of the appealed action. The decision on the appeal by the City Manager shall be the final decision of the City.
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37 G. A decision of the department to revoke is a final decision of the City, and there is no appeal to the City Manager.
5.50.150 Summary suspension and revocation of license.
As a possible alternative to the hearing for the suspension of a license following a first or second alleged violation of this chapter within any five-year period, the licensee alleged to have violated this chapter may request the department exercise its prosecutorial discretion to allow the licensee to agree to the penalties provided in this section in lieu of the penalties that would otherwise apply under this chapter and to forego a hearing on the allegations. Notice of any agreement shall be provided to the department and no hearing shall be held. Agreements shall not be confidential and shall contain the following terms as well as any other noncriminal provisions established by the City in the interests of justice:
A. After a first alleged violation of this chapter at a location:
1. Cease all tobacco retailing and remove all tobacco products from public view from the licensed location for one day;
2. Payment of an administrative penalty of $1,000; and
3. Admission that the violation occurred and an acknowledgment that the violation will be considered in determining the fine or penalty for any future violation.
B. After a second alleged violation of this chapter at a location within any five-year period:
1. Cease all tobacco retailing and remove all tobacco products from public view from the licensed location for 10 days;
2. Payment of an administrative penalty of at least $5,000; and
3. Admission that the violation occurred and an acknowledgment that the violation will be considered in determining the fine or penalty for any future violations.
5.50.160 Other laws.
This chapter does not intend and shall not be interpreted to regulate any conduct where the regulation of such conduct has been preempted by the United States or the state of California.
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38 ORDINANCE NO. ________
IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA AN ORDINANCE AMENDING CHAPTER 5.50 TOBACCO RETAIL LICENSING OF
THE LIVERMORE MUNICIPAL CODE TO UPDATE RETAILER DEFINITIONS, ADD
INSPECTION CAPABILITIES, AND SEIZURE OF EVIDENCE CAPABILITIES
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LIVERMORE DOES ORDAIN AS FOLLOWS:
Section 1. Purpose. This ordinance makes several changes to the Livermore Municipal Code chapter 5.50 Tobacco Retail Licensing to update the definition of a tobacco retailer and add inspection and seizure capabilities.
Section 2. Instruction for Publication. The amendments made by this ordinance are made as follows for transparency. Deletions are reflected in this ordinance using a strikethrough, and new language is underlined. However, language with a strikethrough, and the underlines, will not be codified. The codification will only reflect the final language.
Section 3. Amendment – Municipal Code. The Livermore Municipal Code is hereby amended as follows:
A. Subsection M in Section 5.50.020 Definitions is hereby amended so it reads as follows:
“Tobacco retailer” means any person who sells, offers for sale, exchanges, or offers to exchange, whether in person, online, or by some other method, any tobacco, tobacco product, or tobacco paraphernalia for consideration, without regard to the quantity sold, offered for sale, exchanged, or offered to exchange.
B. Subsection N in Section 5.50.020 Definitions is hereby amended so it reads as follows:
“Tobacco retailing” means the conduct of selling, offering for sale, exchanging, or offering to exchange, whether in person, online, or by some other method, any tobacco, tobacco product, or tobacco paraphernalia for any form of consideration, without regard to the quantity sold, offered for sale, exchanged, or offered to exchange.
C. Subsection A in section 5.50.030 License Required is hereby amended so it reads as follows:
(A) No person shall be a tobacco retailer, or conduct tobacco retailing, in the City without a valid license. A person is a tobacco retailer, or is conducting 39 ORDINANCE NO. ________
tobacco retailing, in the City if any part of the sale occurs in the City, regardless of the location of the purchaser of the tobacco products.
D. Section 5.50.110 Compliance monitoring is hereby retitled to Compliance monitoring and inspection by City of Livermore officials.
E. Subsection B in section 5.50.110 Compliance monitoring and inspection by City of Livermore officials is hereby amended to read as follows:
5.50.110 (B) Inspections. The department shall inspect each tobacco retailer at least one time during every 12 month period.
1. The investigating and enforcing officials of the City of Livermore, or their designees, shall have the right to enter the premises of any licensed tobacco retail establishment during regular business hours to make reasonable inspections and to observe and enforce compliance with the applicable regulations, laws, and provisions of this chapter.
2. Inspections by the department shall not be limited to the areas available to the public and may consist of all areas of the business establishment.
The department shall conduct inspections at a time and in a manner that will minimize business interruption.
3. Any person who knowingly or willfully refuses to permit the department or their designees to conduct an inspection or examination of the business will be in violation of this section and will face a civil fine of not less than $250 and not exceeding $1,000 per violation or revocation of their tobacco retail license.
F. Subsection F is hereby added in section 5.50.130 Penalties to read as follows:
(F) Any business operating without a valid tobacco retail license issued pursuant to this chapter shall be subject to the full extent of the law including criminal prosecution and seizure of tobacco products for preservation as evidence of violation of this chapter.
Section 4. Environmental. The passage of this ordinance is not a project according to the definition in the California Environmental Quality Act and, therefore, is not subject to the provisions requiring environmental review.
Section 5. Severability. If any part of this ordinance is declared invalid by a court, such invalidity shall not affect any of the remaining parts.
Section 6. Publication. This ordinance shall be published once in a newspaper of general circulation of the city of Livermore within fifteen days after its adoption. 40 ORDINANCE NO. ________
Section 7. Effective date. This ordinance shall take effect 30 days after its adoption.
The foregoing ordinance was introduced at the meeting of the City Council of the City of Livermore held on February 26, 2024, 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 March 11, 2024, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
________________________________
MAYOR, CITY OF LIVERMORE
ATTEST: APPROVED AS TO FORM:
___________________________ /s/ Katherine Mirassou
Deborah L. Elam Katherine Mirassou
Acting City Clerk Deputy City Attorney
41 CITY COUNCIL STAFF REPORT
ITEM NO. 5.4
DATE:
March 11, 2024
TO:
Honorable Mayor and City Council
FROM:
Jeramy Young, Police Chief
SUBJECT:
Resolution authorizing execution of the third amendment to the agreement between the City of Livermore and Alameda County accepting grant funding from the County of Alameda, Probation Department for mental health services provided by Horizons Family Counseling, for the term of January 1, 2024 through June 30, 2024, with a total amount not-to-exceed $381,300.
RECOMMENDED ACTION
Staff recommends the City Council adopt a resolution authorizing the City Manager to execute the third amendment to the agreement between the City of Livermore and Alameda County accepting grant funding from the County of Alameda, Probation Department for mental health services provided by Horizons Family Counseling, for the term of January 1, 2024 through June 30, 2024, with a total amount not-to-exceed $381,300.
SUMMARY
The City of Livermore receives annual funding of $620,000 from the County of Alameda, Probation Department to partially fund Horizons Family Counseling services. Due to an RFP protest at the County level, there have been two extensions/amendments to the First Amendment Services Agreement. As there is still no resolution, a Third Amendment (#23-0639) was created to fund an additional six-month term (January 1, 2024-June 30, 2024) for $381,300.
It is anticipated on July 1, 2024, Horizons Family Counseling will be awarded a fresh 3-year contract (July 1, 2024-June 30, 2027) to receive annual grant funds of no more than $751,000 annually.
DISCUSSION
Since 1973, Horizons Family Counseling has been dedicated to addressing the mental health needs and strengthening relationship skills of youth and families in the Tri-Valley. Specifically, Horizons Family Counseling provides effective, high quality, and strength-based counseling programs and services.
For reference, in 2018, Horizons Family Counseling was awarded annual grant funding of $620,000 from 42 the County of Alameda Probation Department and entered into a 3-year contract for the term July 25, 2018 - June 30,2021 (Standard Service Agreement #18-363). At the conclusion of the term, the agreement was extended for an additional two-year term (July 1, 2021- June 30, 2023) to receive annual grant funding of $620,000 (First Amendment to Standard Services Agreement #23-0308).
At the conclusion of the extended agreement (#23-0308) in June 2023, Horizons Family Counseling again applied for and was awarded annual grant funding of $751,000 from the County of Alameda Probation Department. Horizons Family Counseling was preparing to enter a 3-year term contract (July 1, 2024 - June 30, 2027), when the County of Alameda Probation Department received a protest bid from another agency. This action caused the County of Alameda Probation Department to suspend the execution of the new contract. To maintain the funding of Horizons Family Counseling until the protest resolution, the County of Alameda Probation Department opted to extend the term of the First Amendment to Standard Services Agreement (#23-0308) for six months (July 1, 2023 - December 31, 2023) funding at no more than $310,000- thus creating the Second Amendment (#23-0289).
However, at the conclusion of the Second Amendment (#23-0289) on December 31, 2023, the County of Alameda had still not resolved the RFP protest bid issue. Therefore, the County of Alameda Probation Department opted to again extend the Second Amendment (#23-0289) for another six months (January 1, 2024 - June 30, 2024) with funding no more than $381,300. Thus, the creation of the Third Amendment (#23-0639).
While these extension and amendments have temporarily sufficed for receiving grant funding, it is anticipated that in July 2024, Horizons Family Counseling will be seeking a fresh 3-year contract (July 1, 2024 - June 30, 2027) to receive annual grant funds of no more than $751,000 annually for three years.
The purpose of these grants funds is to provide mental health related services specifically focused on therapeutic counseling, crisis intervention, diversion, and case management aimed at preventing formal entry into the juvenile justice system or recidivism.
FISCAL AND ADMINISTRATIVE IMPACTS
The grant shall not exceed $381,300 which funds a portion of Horizons Family Counseling personnel costs and supplies. This funding also decreases the General Fund contribution to the division.
COMMUNITY PILLAR
1: A Safe Community That Thrives
GOAL
4: Partner with the community to enhance collaborative problem solving and to improve the quality of life in Livermore
ATTACHMENTS
1. Resolution
2. Exhibit A - Third Amendment
43 Prepared by: Asceneth
Paez-Arroyo
Youth and Family Services Manager -
Clinical
Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
44 RESOLUTION NO. ________
IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA
A RESOLUTION AUTHORIZING EXECUTION OF A THIRD AMENDMENT TO THE
AGREEMENT BETWEEN THE CITY OF LIVERMORE AND THE COUNTY OF ALAMEDA FOR THE TERM OF JANUARY 1, 2024 TO JUNE 30, 2024 IN THE AMOUNT OF $381,300
The City of Livermore has been awarded $381,300, for the period of January 1, 2024 to June 30, 2024, in grant funds from the County of Alameda to further its commitment to addressing the mental health needs of youth and families in the Tri-Valley by providing effective counseling programs and services. Previous to this award, the City of Livermore was awarded a six-month grant for a total of $310,000 in grant funds from the County of Alameda for this purpose.
This amendment is an extension of the Second Amendment of the current contract with the County of Alameda that expired on December 31, 2023. Due to a vendor requesting a protest to the RFP Bid, it has delayed the process of receiving the new master contract with the County of Alameda that was scheduled to be executed on July 1, 2024.
Therefore, the Second Amendment and Third Amendment to the Agreement were awarded.
Our relationship with the County of Alameda has been very successful over the years. Meeting our goals of serving 342 youth and families per year over the past two years has influenced this six-month extension from January 1, 2024 through June 30, 2024, with the total contract not to exceed $381,300.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore, that it hereby authorizes the City Manager to execute the Third Amendment to the Standard Services Agreement, attached hereto as Exhibit A, between the City of Livermore and the County of Alameda for the extended term of January 1, 2024 through June 30, 2024, in the amount of $381,300.
On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on March 11, 2024, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Katherine Mirassou
Deborah L. Elam Katherine Mirassou
Acting City Clerk Deputy City Attorney
Exhibit A – Third Amendment
45 Master Contract No. 901499
Procurement Contract No. 16465
THIRD AMENDMENT TO STANDARD SERVICES AGREEMENT
This Third Amendment to Agreement (“Third Amendment”) is made by the County of Alameda (“County”) and City of Livermore, (“Contractor”) with respect to that certain agreement entered by them on June 25, 2018 and that certain First (June 29, 2021) and Second (August 25, 2023) Amendments to Contract (collectively referred to herein as the “Contract”), pursuant to which Contractor provides delinquency prevention network services to County.
County and Contractor, for valuable consideration, the receipt and sufficiency of which are hereby acknowledged, agree as follows:
1. Except as otherwise stated in this Third Amendment, the terms and provisions of this Amendment will be effective as of the date this Third Amendment is executed by the County (“Effective Date”).
2. The term of the Agreement is currently scheduled to expire on December 31, 2023. As of the Effective Date, the term of the Agreement is extended through June 30, 2024.
3. In consideration for Contractor’s additional services, the County shall pay Contractor in an additional amount not to exceed Three Hundred Eighty-One Thousand Three Hundred dollars ($381,300). As a result of these additional services the not to exceed amount has increased from Three Million Four Hundred Ten Thousand dollars ($3,410,000) to Three Million Seven Hundred Ninety-One Thousand Three Hundred dollars ($3,791,300) over the term of the Agreement and any amendments.
4. Paragraph 20 of the Standard Services Agreement has been amended by changing the shall not exceed amount in the last sentence to -$3,791,300.
5. Exhibit B - Payment Terms is amended by the attached Exhibit B-3, Payment Terms, which is attached to this Amendment.
6. Attached hereto is Exhibit D-3, a current Debarment and Suspension Certificate executed by Contractor.
7. Attached hereto is Exhibit F-3, THE IRAN CONTRACTING ACT (ICA) OF 2010 For Procurements of $1,000,000 statement executed by Contractor.
8. Except as expressly modified by this Third Amendment, all of the terms and conditions of the Contract are and remain in full force and effect.
EXHIBIT A
46 Master Contract No. 901499
Procurement Contract No. 16465
IN WITNESS WHEREOF, the parties hereto have executed this Amendment.
COUNTY OF ALAMEDA CITY OF LIVERMORE
B
y:
Signature
By
:
Signature
N
ame: : Detra Dillon
(Printed)
N
ame: Marianna Marysheva
(Printed)
Title: Procurement Administrator Title: City Manager
Date: Date:
By signing above, signatory warrants
and represents that he/she executed
this Agreement in his/her authorized
capacity and that by his/her signature
on this Agreement, he/she or the
entity upon behalf of which he/she
acted, executed this Agreement.
EXHIBIT A
47 Master Contract No. 901499
Procurement Contract No. 16465
Exhibit B-3
EXHIBIT B-3
PAYMENT TERMS
1. Total payment under the terms of this Agreement will not exceed the total amount of - $3,791,300. This cost includes all taxes and all other charges.
2. Contractor shall use all payments solely in support of the annual program budget, set forth in the table below:
Personnel Title and FTE % Total Program Budget
for Six Months
Youth & Family Svc Mgr-Clinical - Paez-Arroyo (1.0) $ 76,350 Family Therapist - Vacant $ 89,850
Family Therapist - Lund $ 67,400
Family Therapist - Sauter $ 42,900
Family Therapist - Cole $ 28,600
Senior Clerk - Temores (.75) $ 56,600
Department Assistant - Goard (Temp) $ 800
Benefits
SUBTOTAL $ 362,500.00
Program/Operating Cost Total Program Budget
for Six Months
Database Maintenance Costs $ 5,000
General office supplies $ 1,000
Programs and workshops $ 2,000
Community Outreach Events $ 800
Case Management Supplies $ 4,000
Training & Education $ 3,500
Memberships & Subscriptions $ 2,500
SUBTOTAL $ 18,800.00
a. A
ny changes to the hourly rates above must be approved by the County prior to provision and invoicing of services. Regardless of any changes to hourly rates that are approved by the County, Contractor shall not reduce services as set forth in Exhibit A (Specifications) nor exceed any other payment terms outlines in this Exhibit B-3 (Payment Terms).
EXHIBIT A
48 Master Contract No. 901499
Procurement Contract No. 16465
Indirect/Administrative Cost (Not to exceed 10%)
Total Program Budget
for Six Months
$ -
SUBTOTAL $ -
GRAND TOTAL
Six Months
$ 381,300.00
3. Bu
dget Modification
a. All budget modifications require prior approval from APCD. b. T
he Contractor shall request budget modifications and/or revisions to the budget using a Budget Modification Form to be provided by ACPD.
c. A
budget modification can be requested by category or by line item:
(
1) Budget Category Adjustment involves transferring funds between existing budget sections (e.g., from Staff/Personnel to Program Costs). (
2) A Line Item Adjustment involves transferring funds between existing line items within a budget category (e.g., from Supplies to Services) or adding line items to a budget category (e.g., hiring a new position/role, relocation costs, etc.). d. U
pon the County’s request, the Contractor shall immediately provide any supporting documentation to support the requested budget modification(s). e. T
he Contractor will be notified of approval by receipt of the signed copy of the Budget Modification Form; no work associated with the budget modification may commence prior to approval.
f. B
udget Modifications not submitted 30 days prior to the first day of each quarter may not be considered until the next quarter.
g. Bu
dget Modifications are regularly processed on a quarterly basis in March, June, September, and December.
h. B
udget Modifications not submitted 30 days prior to the first date of each quarter may not be considered until the next quarter.
EXHIBIT A
49 Master Contract No. 901499
Procurement Contract No. 16465
i. Regardless of any budget modifications that are approved by the County, including hourly rates, the Contractor shall not reduce services as set forth in Exhibit A (Specifications) nor exceed any other payment terms outlined in this Exhibit B-3 (Payment Terms).
4. In
voicing and Payment
a. Invoices shall be submitted, along with monthly reports by the 10th of each month (or the next business day when the 10th is on a weekend or holiday). b. Inv
oices will be reviewed for accuracy and approval by the Alameda County Probation Department. Invoices shall be submitted via email to: [email protected] c. Wi
thin thirty (30) days upon receipt and approval of invoice, County will use its reasonable efforts to make payments to Contractor.
d. U
pon the County’s request, the Contractor shall immediately provide any supporting documentation requested by the County to verify invoices and budget costs (categories, line items, etc.).
5. T
otal payment under the terms of this Agreement will not exceed the total amount of $$3,791,300. This cost shall be all-inclusive.
a. T
he Contractor will bill the County no more than $63,550.00 per month without the approval of ACPD Division Director in order to ensure that services are available to the target population throughout the contract period.
6. N
o Supplanting of Funds:
a. T
he Contractor agrees that funds awarded under this contract will not be used to supplant expenditures from other contracts or programs.
EXHIBIT A
50 Master Contract No. 901499
Procurement Contract No. 16465
Exhibit D-3
EXHIBIT D-3
COUNTY OF ALAMEDA
DEBARMENT AND SUSPENSION CERTIFICATION
(Applicable to all agreements funded in part or whole with federal funds and contracts over $25,000).
T
he Contractor, under penalty of perjury, certifies that, except as noted below, contractor, its principals, and any named or unnamed subcontractor:
• Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency;
• Has not been suspended, debarred, voluntarily excluded or determined ineligible by any federal agency within the past three years;
• Does not have a proposed debarment pending; and
• Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three years.
If there are any exceptions to this certification, insert the exceptions in the following space. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action. C heck if continued on the attached page.
N
otes: Providing false information may result in criminal prosecution or administrative sanctions.
The above certification is part of the Amendment to the Standard Services Agreement.
Signing the Amendment to Standard Services Agreement on the signature portion thereof shall also constitute the signature of this Certification.
CO
NTRACTOR: City of Livermore
PRINCIPAL: Marianna Marysheva TITLE: City Manager
SIGNATURE: DATE:
EXHIBIT A
51 Master Contract No. 901499
Procurement Contract No. 16465
Exhibit F-3
EXHIBIT F-3
COUNTY OF ALAMEDA
THE IRAN CONTRACTING ACT (ICA) OF 2010
The California Legislature adopted the Iran Contracting Act (ICA) to respond to policies of Iran in a uniform fashion (PCC § 2201(q)). The ICA prohibits persons engaged in investment activities in Iran from bidding on, submitting proposals for, or entering into or renewing contracts with public entities for goods and services of one million dollars ($1,000,000) or more (PCC § 2203(a)). A person who “engages in investment activities in Iran” is defined in either of two ways:
1. The person provides goods or services of twenty million dollars ($20,000,000) or more in the energy sector of Iran, including a person that provides oil or liquefied natural gas tankers, or products used to construct or maintain pipelines used to transport oil or liquefied natural gas, for the energy sector of Iran; or
2. The person is a financial institution (as that term is defined in 50 U.S.C. § 1701) that extends twenty million dollars ($20,000,000) or more in credit to another person, for 45 days or more, if that person will use the credit to provide goods or services in the energy sector in Iran and is identified on a list created by the California Department of General Services (DGS) pursuant to PCC § 2201(b) as a person engaging in the investment activities described in paragraph 1 above.
By signing below, I hereby certify that as of the time of bidding or proposing for a new contract or renewal of an existing contract, neither I nor the company I own or work for are identified on the DGS list of ineligible persons and neither I nor the company I own or work for are engaged in investment activities in Iran in violation of the Iran Contracting Act of 2010.
If either I or the company I own or work for are ineligible to bid or submit a proposal or to renew a contract, but I
believe I or it qualifies for an exception listed in PCC § 2202(c), I have described in detail the nature of the exception:
CONTRACTOR: City of Livermore
PR
INCIPAL: Marianna Marys heva TITLE: City Manager
S
IGNATURE: DATE:
EXHIBIT A
52 CITY COUNCIL STAFF REPORT
ITEM NO. 5.5
DATE:
March 11, 2024
TO:
Honorable Mayor and City Council
FROM:
Paul Spence, Assistant City Manager
SUBJECT:
Resolution authorizing the acceptance for permanent maintenance, release of the security bonds, and execution of a Notice of Completion for the 2020 Multi Use Trail Repair Project 2018-20.
RECOMMENDED ACTION
Staff recommends the City Council adopt a resolution authorizing the acceptance for permanent maintenance and release of the security bonds for the 2020 Multi Use Trail Repair Project 2018-20 and authorizing the City Manager to sign the Notice of Completion.
SUMMARY
On July 24, 2023, the City Council awarded the contract for construction of the 2020 Multi Use Trail Repair Project 2018-20 to Gradetech Inc. The contract was substantially completed on December 21, 2023, and can be accepted for permanent maintenance. The process to release the contractor's bonds can begin.
DISCUSSION
The 2020 Multi Use Trail Repair Project, 2018-20 involved repairing and rehabilitating 0.80 centerline miles of three damaged trail sections and making minor alterations to improve safety. The project also constructed a new trail segment at Robertson Park to bypass a portion of trail that was damaged by the 2022-23 winter storms.
The project was completed in accordance with the contract documents in a manner acceptable to the City Engineer and can now be accepted for permanent maintenance.
At time of award, the contractor provided a faithful performance bond guaranteeing completion of the project, and that bond must now be released. Six months after the date of the resolution accepting the project, the labor and materials bond guaranteeing the improvements should be reduced to an amount equal to any claims filed and of which notice has been given. The balance of the bond will be released upon the settlement of all claims and obligations for which the security was given. All claims for this project have been settled. The security for the guarantee and warranty of work shall remain in effect for one year from the date of the resolution.
53 FISCAL AND ADMINISTRATIVE IMPACTS
The original construction contract amount was $365,670, plus a $50,000 contingency for change orders for a total construction contract budget of $415,670. The final construction contract amount was $380,587, which is the 4 percent above the original contract based on final bid item quantities and 1 change order. The change order involved adding additional striping and reflective channelizers. The project was funded with MTC - TDA Grant Funds.
This project involves the repair of trails therefore does not increase operations and maintenance costs.
COMMUNITY PILLAR
1: A Safe Community That Thrives
GOAL
10: Work to maintain a safe and efficient local transportation network and address safety concerns.
ATTACHMENTS
1. Location Map
2. Resolution
3. Exhibit A - Notice of Completion
Prepared by: Mike Stamm
Construction Inspection Manager
Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
54 Inch
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Trail
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KEY MAP
Sheet 2
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Scole: NONE
ATTACHMENT 1
55 RESOLUTION NO. ________
IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA
A RESOLUTION AUTHORIZING ACCEPTANCE FOR PERMANENT MAINTENANCE,
RELEASE OF SECURITY BONDS, AND EXECUTION OF A NOTICE OF COMPLETION FOR THE 2020 MULTI USE TRAIL REPAIR PROJECT
(2020 MULTI USE TRAIL REPAIR PROJECT 2018-20)
The City Engineer of the City of Livermore (“City”) has filed with the City Clerk a report in writing that all work on the 2020 Muti Use Trail Repair Project 2018-20 (“Project”), has been completed to City standards. The Project is ready for acceptance by the City of Livermore for routine maintenance.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that:
1. The faithful performance bond guaranteeing the Project is hereby released;
2. The labor and materials bond guaranteeing the Project shall, six months after the date of this resolution, be reduced to an amount equal to the amount of all claims filed and of which notice has been given. The balance of the bond shall be released upon the settlement of all such claims and obligations for which the security was given;
3. The security for the guarantee and warranty of work shall remain in effect for one year from the date of this resolution. The contractor is required to reconstruct any deficiencies that occur and to repair or replace defective materials during the maintenance period;
4. The City hereby accepts the improvements; and
5. The City Manager is authorized to sign the Notice of Completion, a copy of which is attached hereto as Exhibit A and incorporated by this reference.
On motion of Council Member _______________________, seconded by Council Member _______________, the foregoing resolution was passed and adopted on March 11, 2024, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ATTEST: APPROVED AS TO FORM:
____________________________ /s/ Tara Mazzanti
Deborah L. Elam Tara Mazzanti
Acting City Clerk Assistant City Attorney
Exhibit A – Notice of Completion
56 EXHIBIT A
57 CITY COUNCIL STAFF REPORT
ITEM NO. 5.6
DATE:
March 11, 2024
TO:
Honorable Mayor and City Council
FROM:
Joe Testa, Fire Chief
SUBJECT:
Resolution declaring parcels within the City which contain weeds, refuse, rubbish, and/or dirt a public nuisance requiring abatement, directing staff to proceed with the annual Fire Hazard Abatement Program, and set a public hearing date of April 15, 2024, to receive protests and direct staff to proceed with field abatement work.
RECOMMENDED ACTION
Staff recommends that the City Council adopt a resolution declaring parcels within the City which contain weeds, refuse, rubbish, and/or dirt a public nuisance requiring abatement, direct staff to proceed with the annual Fire Hazard Abatement Program, and set a public hearing date of April 15, 2024, to receive protests and direct staff to proceed with field abatement work.
SUMMARY
The Fire Department will be the lead agency for following the Government Code Section 39560 et seq. for fire hazard abatement. Staff will start notification to property owners upon adoption of the resolution.
This will afford property owners the maximum amount of time to abate the hazards created by weed growth. Abatement not completed by property owners prior to May 31, 2024, will be targeted for enforcement by the city contractor.
DISCUSSION
The fire hazard abatement program is a critical fire prevention program. The properties listed in the attachment have the potential to pose a fire hazard by having an overgrowth of weeds, dead and dying combustible vegetation, which create a fire hazard and a public nuisance. The Fire Department will provide written notice by mail to property owners requesting abatement. Should the property owner not complete the abatement, the city contractor will perform all necessary weed abatement. Staff will provide a schedule to all property owners including abatement timelines, type(s) of work needed based on parcel type, size, and location. A brief overview of the process is as follows:
1 .
The Fire Department receives and reviews a list of vacant properties annually. 2 .
If the Resolution for this agenda item is approved, the Fire Department will provide written notice 58 to property owners declaring non-complying parcels a nuisance. 3 .
At a future City Council meeting, the Council will have the opportunity to hear any objections by property owners and direct staff to abate fire hazards caused by overgrown weeds and dead and/or dying vegetation from the parcels.
4 .
For properties where abatement has not been completed by the deadline, the Fire Department will send notice to property owners declaring noncompliance with weed abatement standards. 5 .
The Fire Department will direct the City contractor to conduct the work. 6 .
Fire Department staff will then audit all fieldwork and process paperwork for City abated parcels including billing, processing of payments and processing non-payer information for addition to property tax rolls.
7 .
If required, at a third City Council meeting, a hearing will be held to receive private parcel owners’ protests of costs associated with fire hazard abatement and to direct the City Clerk to file special assessments on parcels with the Alameda County Tax Collector.
The Fire Department will be proactive in fire prevention and public safety regarding fire hazard abatement. This program affords the City a method to keep potential fire loss and injury to a minimum as a result of natural cover fires.
FISCAL AND ADMINISTRATIVE IMPACTS
The fire hazard abatement costs are fully recoverable. Property owners are invoiced for all work performed as well as an administrative charge. Last year the total cost of work was $7,524 which included the administrative costs incurred by the City in accordance with Section 39572 of the government code. The Finance Department files abatement costs with the Alameda County Tax Collector on any unpaid invoices for abatement work as a special assessment to the tax roll.
COMMUNITY PILLAR
1: A Safe Community that Thrives
GOAL
5: Ensure effective fire suppression, prevention, emergency medical and disaster services to meet the evolving needs of our communities and other changing conditions.
ATTACHMENTS
1. Resolution
2. Exhibit A - List of Parcels & Property Owners
Prepared by: Shin Oh
Administrative Assistant
59 Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
60 RESOLUTION NO. _______
IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA
A RESOLUTION DECLARING THAT CONDITIONS OF GROWING WEEDS, ACCUMULATED
REFUSE, RUBBISH OR DIRT THAT EXIST, AND THAT ARE SEASONAL AND RECURRENT,
ON PRIVATE PROPERTY AND/OR ADJACENT STREETS, PARKWAYS AND/OR
SIDEWALKS AS DESCRIBED HEREIN, ARE DECLARED TO BE A PUBLIC NUISANCE The Livermore City Council has authority, pursuant to California Government Code sections 39561 and 39562.1, to declare that there exist conditions, or that seasonal and recurrent conditions exist, of growing weeds, accumulated refuse, rubbish or dirt, on private property and/or adjacent streets, parkways and/or sidewalks in the City of Livermore.
The Livermore City Council also has the authority to find that such conditions constitute a public nuisance and should be abated.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that:
1. There exist conditions, and seasonal and recurrent conditions exist, of growing weeds, accumulated refuse, rubbish or dirt, on private property and/or on the streets, parkways and/or sidewalks adjacent to each parcel of real property described in Exhibit A, attached hereto, and that such conditions are declared a public nuisance and shall be abated;
2. The Fire Chief is designated as the public official empowered to perform duties imposed by Government Code Section 39560, et seq.;
3. The City Clerk, or her designee, when mailing written notice of the proposed abatement to all property owners listed in Exhibit A, attached hereto, at least five days prior to the time for hearing objections by the Livermore City Council, shall also take to ensure the notice is also sent to the current owners of those properties; and
4. A public hearing shall be held on April 15, 2024, at 7:00 p.m., at which time property owners having objections to the proposed removal of weeds, rubbish, refuse and dirt, will be heard and given due consideration.
On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on March 11, 2024, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Molly O’Toole Deborah L. Elam Molly O’Toole
Acting City Clerk Deputy City Attorney
Exhibit A – List of Parcels & Property Owners
61 Parcel Number Situs Address Owner(s)
1 097 ‐0148‐075‐00 1745 STERLING CT Julin Long and Yuchi Tsao 2 098 ‐0256‐027‐00 JUNCTION AVE MALLONI JAMES TR
3 098 ‐0275‐016‐04 3163 GARDELLA PLAZA W P CO 843‐1‐23‐3 4 098 ‐0281‐009‐00 NORTH K ST DESOUSA GIZELA P & GISELLE M TRS 5 098 ‐0281‐010‐00 NORTH K ST DESOUSA GIZELA P & GISELLE M TRS 6 098 ‐0350‐054‐00 MARYLIN AVE KREMER KENNETH A TR
7 098A‐0414‐028‐06 600 MAPLE ST/SCHOOL ST LIVERMORE VALLEY JOINT UNIFIED SCHOOL DISTRICT 8 098A‐0610‐004‐00 EAST AVE BIG RED BUDDY LP & ERLICH STEVEN J & LINDA R TRS 9 099 ‐0015‐003‐14 2251 LAS POSITAS RD LINDEN SUMMIT INVESTMENT CO Castle 10 099 ‐0015‐006‐02 1273 N LIVERMORE AVE TRIVALLEY MONTESSORI SCHOOL 11 099 ‐0015‐010‐03 2784 LAS POSITAS RD WALMART STORES INC 12 099 ‐0015‐028‐03 LAS POSITAS RD RUBY BEAR LP
13 099 ‐0023‐008‐00 LASSEN RD LD FUND III LIVERMORE LAND LLC 14 099 ‐0040‐008‐05 5281 SOUTHFRONT RD 300 VERNAL DR LLC 15 099 ‐0040‐010‐26 5179 PRESTON AVE P G & E CO 135‐1‐78A‐1 16 099 ‐0040‐016‐00 N MINES RD W P CO 843‐1‐23‐8
17 099 ‐0040‐018‐00 N MINES RD S P CO 872‐1‐98H‐POR 11
18 099 ‐0040‐019‐10 N MINES RD W P CO 843‐1‐23C‐POR 7
19 099 ‐0051‐003‐02 GARDELLA PLAZA SHR VENTURES LLC
20 099 ‐0056‐007‐02 1ST ST W P CO 843‐1‐23C‐POR 7
21 099 ‐0075‐002‐14 2542 PORTOLA AVE SCHERBARTH JASON & SHAWNA ETAL 22 099 ‐0075‐002‐15 HAREWOOD DR SCHERBARTH JASON & SHAWNA ETAL 23 099 ‐0075‐003‐04 PORTOLA AVE SCHERBARTH JASON A & SHAWNA L TRS & SCHERBART ETAL
24 099 ‐0075‐003‐06 PORTOLA AVE SCHERBARTH JASON A & SHAWNA L TRS & SCHERBART ETAL
25 099 ‐0075‐007‐04 EDINBURGH DR EDINBURGH FORTUNES LLC 26 099 ‐0100‐005‐00 1240 N LIVERMORE AVE ART MONUMENT CO INC 27 099 ‐0100‐018‐30 1202 PORTOLA KENT E G & BEVERLY C TRS 28 099 ‐0100‐030‐02 1700 PASEO LAGUNA SECO AUTUMN SPRINGS RE INVESTORS LP 29 099 ‐0100‐030‐08 PASEO LAGUNA SECO FALLON ENTERPRISES INC 30 099 ‐0100‐031‐00 PORTOLA AVE (PASEO LAGUNA
SECO)
ALAMEDA COUNTY FLOOD CONTROL
31 099 ‐0100‐032‐00 PORTOLA AVE MCRAE JOHN S
32 099 ‐0100‐037‐01 2169 LAS POSITAS CT BACA DENNIS E Tr 33 099 ‐0126‐007‐00 CALLE DEL SUENO DAVIDON HOMES
34 099 ‐0400‐001‐03 1919 LOMITAS AVE PATTON ROBERT A & LOUISE K TRS 35 099 ‐0680‐002‐00 ARROYO RD & HANSEN RD SHEN JIEYONG TR 36 099 ‐0680‐004‐00 ARROYO RD & HANSEN RD SHEN JIEYONG Tr 37 099 ‐0680‐008‐00 ROCKINGHAM CT SCARLET BEAR
38 099 ‐0801‐005‐00 2301 CONCANNON BLVD LAUNCH PAD VENTURES LLC 39 099 ‐0801‐011‐00 CONCANNON BLVD MAKARAND S & NITU M SHINDE 40 099 ‐0802‐001‐00 CONCANNON BLVD MAKARAND S & NITU M SHINDE 41 099 ‐1150‐004‐06 4743 EAST AVE ASBURY METHODIST CHURCH 42 099 ‐1311‐003‐00 2463 SHEFFIELD DR WILSON WILLIAM G & JOHN MIRIAM E TRS 43 099 ‐1316‐011‐00 137 RICKENBACKER Rickenbacker Circle Associates Llc 2024 List of Parcels
Livermore-Pleasanton Fire Department
EXHIBIT A
62 44 099 ‐1316‐033‐00 212 RICKENBACKER CIR ROBERT P & HEATHER STRONG 45 099 ‐1317‐050‐00 SPRING VALLEY CMN SPRING VALLEY ASSOCIATION IIi 46 099 ‐1321‐013‐00 2863 CHABLIS WAY SPAETH MARY L TR
47 099 ‐1325‐012‐00 4715 BENNETT DR ARROYO/LIVERMORE BUSINESS PARK LP 48 099 ‐1325‐022‐02 4536 LAS POSITAS RD TH ARROYO VISTA LLC 49 099 ‐1325‐023‐00 ARROYO VISTA TH ARROYO VISTA LLC
50 099 ‐1325‐027‐02 LAS POSITAS RD TH ARROYO VISTA LLC
51 099 ‐1325‐029‐02 LAS POSITAS RD TH ARROYO VISTA LLC
52 099 ‐1325‐030‐04 LAS POSITAS RD TH ARROYO VISTA LLC
53 099 ‐1325‐085‐00 BENNETT DR ARROYO/LIVERMORE BUSINESS PARK LP 54 099 ‐1325‐089‐00 BENNETT DR TH ARROYO VISTA LLC
55 099 ‐1326‐037‐00 LA RIBERA ST PETERSON PROPERTIES LLC 56 099 ‐1328‐154‐00 SPRINGTOWN BLVD SPRING VALLEY ASSOCIATION III 57 099 ‐1331‐012‐00 200 E AIRWAY BLVD SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT 58 099 ‐1332‐065‐00 966 WAVERLY CMN VALHALLA HOMEOWNERS ASSOCIATION 59 099 ‐1336‐097‐05 LOCH LOMAND WAY PORTOLA GLEN TOWNHOMES OWNERS 60 099 ‐1336‐109‐00 HIGHLAND ST EDINBURGH FORTUNES LLC
61 099 ‐1349‐023‐00 CONTRACTORS PL TA DAH LLC
62 099 ‐1362‐004‐00 HANSEN RD MALAKOFF NATHAN
63 099 ‐1368‐001‐00 3401 HANSEN RD CALIFORNIA WATER SERVICE COMPANY 64 099 ‐1368‐002‐00 HANSEN RD MALAKOFF NATHAN G & JENNIFER M TRS 65 099 ‐1370‐003‐00 1670 PORTOLA AVE MANCINI KAROL & RANDY 66 099A‐1500‐048‐00 2171 RESEARCH DR DPR REAL ESTATE INVESTMENTS LLC 67 099A‐1500‐074‐01 2176 RESEARCH DR LREH CALIFORNIA LLC 68 099A‐2926‐003‐00 S VASCO RD Jiang Licheng
69 099A‐2939‐002‐00 2453 COWAN WAY FRYDENDAL SUE TR
70 099B‐5050‐001‐12 908 N VASCO RD UNG CISSY S
71 099B‐5050‐006‐05 5905 NORTHFRONT RD WOOD FAMILY DEVELOPMENT LLC 72 099B‐5100‐005‐00 1080 CENTRAL AVE 1080 CENTRAL LLC
73 099B‐5304‐003‐02 1893 N VASCO RD UNITARIAN UNIVERSALIST CHURCH LIVERMORE 74 099B‐5351‐018‐11 VASCO RD ALAMEDA COUNTY FLOOD CONTROL 75 099B‐5401‐009‐00 LAUGHLIN RD LAUGHLIN KATHRYN M TR
76 099B‐5401‐010‐00 LAUGHLIN RD GARCIA TIMOTEO R & ELIZABETH N 77 099B‐5401‐011‐00 788 LAUGHLIN RD LAUGHLIN KATHRYN M TR 78 099B‐5401‐012‐00 6978 NORTHFRONT RD SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT 79 099B‐5401‐013‐01 6884 NORTHFRONT RD SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT 80 099B‐5401‐013‐03 NORTHFRONT RD SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT 81 099B‐5401‐016‐01 NORTHFRONT RD SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT 82 099B‐5401‐017‐00 6784 NORTHFRONT RD SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT 83 099B‐5401‐018‐01 NORTHFRONT RD SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT 84 099B‐5401‐019‐00 6690 NORTHFRONT RD SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT 85 099B‐5425‐003‐00 HERMAN AVE SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT 86 099B‐5425‐004‐00 801 HERMAN AVE SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT 87 099B‐5425‐005‐00 NORTHFRONT RD SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT 88 099B‐5425‐006‐00 6634 NORTHFRONT RD SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT 89 099B‐5425‐007‐00 NORTHFRONT RD SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT 90 099B‐5450‐002‐00 LAUGHLIN RD EAST BAY REGIONAL PARK DISTRICT Land Aquis. 91 099B‐5450‐003‐00 1467 LAUGHLIN RD EAST BAY REGIONAL PARK DISTRICT Land Aquis. 92 099B‐5700‐002‐07 151 GREENVILLE JDB PROPERTIES LLC
93 099B‐5700‐003‐01 N GREENVILLE RD S P CO 872‐1‐99L‐42 94 099B‐5752‐010‐00 LONGFELLOW CT D J SMITH FAMILY PARTNERSHIP
EXHIBIT A
63 95 099B‐5753‐003‐00 HAWTHORNE AVE 7770 HAWTHORNE LLC 96 099B‐5753‐007‐00 7589 NATIONAL DR EVANS DAN L & KATHLEEN M TRS & EVANS WAYNE 97 099B‐5753‐038‐00 751‐799 ENTERPRISE CT EVANS DAN L & KATHLEEN M TRS 98 099B‐5753‐039‐00 750‐758 ENTERPRISE CT Enterprise Court LLC 99 099B‐5753‐040‐00 704‐748 ENTERPRISE CT ENTERPRISE COURT LLC 100 099B‐5753‐045‐00 NATIONAL DR EBI DEVELOPMENT GROUP LLC 101 099B‐5753‐063‐00 7925 NATIONAL DR TOPCON POSITIONING SYSTEMS INC 102 099B‐5753‐064‐00 7979 NATIONAL DR TOPCON POSITIONING SYSTEMS INC 103 099B‐5753‐065‐00 7933 NATIONAL DR TOPCON POSITiONING SYSTEMS INC 104 099B‐5875‐029‐00 SOUTHFRONT RD P G & E CO 135‐1‐43A‐1 105 099B‐5900‐002‐09 5945 SOUTHFRONT RD SINGH JADWINDER & DHALIWAL ALKESH K TRS ETAL 106 099B‐8103‐013‐03 LAS POSITAS RD KAISER FOUNDATION HOSPITALS 107 099B‐8103‐014‐02 LAS POSITAS RD KAISER FOUNDATION HOSPITALS 108 099B‐8103‐024‐00 LEISURE ST GERGES HANY E & LIDIA
109 099B‐8103‐025‐00 LEISURE ST SANCHEZ CANDELARIO & VELVET S TRS ETAL 110 099B‐8103‐035‐00 VAUGHN AVE TAMAR REALTY LAS POSITAS LOGISTICS CENTER CA 111 099B‐8104‐007‐00 COMMERCE WAY WROAN DAVID S & JENNIFER B TRS 112 099B‐8104‐008‐00 COMMERCE WAY WROAN DAVID S & JENNIFER B TRS 113 099B‐8104‐009‐00 COMMERCE WAY WROAN DAVID S & JENNIFER B TRS 114 099B‐8104‐010‐00 COMMERCE WAY WROAN DAVID S & JENNIFER B TRS 115 099B‐8104‐011‐00 COMMERCE WAY WROAN DAVID S & JENNIFER B TRS 116 099B‐8110‐046‐00 SOUTHFRONT RD Livermore Medical LLC 117 099B‐8110‐062‐00 LAWRENCE DR FORMFACTOR INC
118 099B‐8110‐064‐00 LAWRENCE DR FORMFACTOR INC
119 099B‐8110‐078‐00 200 N GREENVILLE RD DIAMOND LODGING INC 120 099B‐8110‐079‐00 N GREENVILLE RD CABRE TECH SOLUTIONS INC 121 099B‐8110‐081‐00 200 S FRONT RD PPV PROPERTIES LLC ETAL 122 099B‐8117‐024‐03 LAUGHLIN RD HOM WING Y & LAI C TRS 123 099B‐8120‐053‐00 DRY CREEK CT BLUFFS IN LIVERMORE OWNERS ASSOCIATION 124 099B‐8120‐054‐00 LAKE CT BLUFFS IN LIVERMORE OWNERS ASSOCIATION 125 099B‐8126‐006‐00 631 PINNACLE GNOVEL JOHN P & SOOSUR SUSAN S 126 902 ‐0008‐001‐00 3658 LAS COLINAS RD ADVENTUS
127 902 ‐0008‐002‐02 US HWY 50 E FERRARI FAM LTD PTP & SCHMIDIG FRANK JR ETAL 128 903 ‐0010‐002‐04 COLLIER CANYON RD CHABOT LAS POSITAS COMMUNITY COLLEGE 129 903 ‐0010‐028‐00 PORTOLA AVE SHEA CENTER LIVERMORE LLC 130 903 ‐0010‐029‐00 PORTOLA AVE SHEA CENTER LIVERMORE LLC 131 903 ‐0010‐030‐00 PORTOLA AVE SHEA CENTER LIVERMORE LLC 132 903 ‐0010‐046‐00 PORTOLA AVE ISABEL PORTOLA OWNER LLC 133 903 ‐0010‐047‐00 PORTOLA AVE ISABEL PORTOLA OWNER LLC 134 903 ‐0010‐048‐00 PORTOLA AVE ISABEL PORTOLA OWNER LLC 135 903 ‐0010‐052‐00 PORTOLA AVE ISABEL PORTOLA OWNER LLC 136 903 ‐0010‐053‐00 PORTOLA AVE ISABEL PORTOLA OWNER LLC 137 903 ‐0010‐054‐00 PORTOLA AVE ISABEL PORTOLA OWNER LLC 138 904 ‐0004‐064‐00 NISSEN DR LIVERMORE AIRWAY BUSINESS PARK 139
904 ‐0005‐003‐30 200 E AIRWAY BLVD COUNTY ALAMEDA FLOOD CONTROL & WATER
CONSERVATION
140 904 ‐0005‐003‐33 200 E AIRWAY BLVD SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT 141 904 ‐0005‐004‐07
US HWY 50 E GANDOLFO CATHERINE ETAL
142
904 ‐0012‐009‐00 625 W JACK LONDON BLVD
(DISCOVERY DR)
ARKAY LAND LLC
143 904 ‐0012‐010‐00 450 DISCOVERY DR ARKAY PROPERTIES LLC
EXHIBIT A
64 144 904 ‐0012‐011‐00 DISCOVERY DR ARKAY PROPERTIES LLC 145 904 ‐0012‐012‐00 DISCOVERY DR CH DISCOVERY DRIVE LLC 146 904 ‐0012‐013‐00 DISCOVERY DR CH DISCOVERY DRIVE LLC 147 905 ‐0009‐013‐03 COLLIER CANYON MONUMENT PROPERTIES LIVERMORE LLC 148 905 ‐0010‐004‐03 TRIAD DR (OLD GLORY DR) SDLT INVESTMENTS VII LLC 149 905 ‐0010‐006‐00 TRIAD DR (OLD GLORY DR) CIVIC NORTH CANYONS PARKWAY LLC 150 905 ‐0014‐015‐00 N CANYONS PKWY LIVERMORE VALLEY JOINT UNIFIED SCHOOL DISTRICT 151 905 ‐0015‐008‐00 2768 COLLIER CANYON RD CHU YUETMING & MIRIAM L TRS 152 905 ‐0015‐018‐00 CONSTITUTION DR KMTJ INVESTMENTS LP 153 905 ‐0015‐019‐00 CONSTITUTION DR KMTJ INVESTMENTS LP 154 905 ‐0015‐026‐00 2620 COLLIER CANYON RD CORNERSTONE FELLOWSHIP OF LIVERMORE 155 905 ‐0015‐027‐00 2620 COLLIER CANYON RD CORNERSTONE FELLOWSHIP OF LIVERMORE 156 905 ‐0015‐028‐00 2620 COLLIER CANYON RD CORNERSTONE FELLOWSHIP OF LIVERMORE 157 905 ‐0015‐029‐00 2620 COLLIER CANYON RD CORNERSTONE FELLOWSHIP OF LIVERMORE 158 099 ‐0725‐212‐00 2301 BESS AVE ATWAL DEEPAKPAL & HARPARTAP 159 099 ‐1356‐006‐00 303 E VINEYARD AVE SINGH SURINDER K TR 160 098 ‐0250‐005‐00 OAK ST W P CO 843‐1‐22‐8
161 099 ‐0015‐063‐00 2301 LAS POSITAS RD VIAZON HOLDING LLC, LIVERMORE LAS POSITAS 162 099 ‐0015‐064‐00 LAS POSITAS RD VIAZON HOLDING LLC, LIVERMORE LAS POSITAS 163 099 ‐0015‐022‐02 LAS POSITAS MATTO ALLEN J & CAROL A TRS 164 099 ‐0015‐022‐03 LAS POSITAS COOK DEVIN C & AUDRA M 165 099 ‐0015‐023‐04 1309 HILLIKER ADAMS SHELLY TR
166 099 ‐0015‐024‐00 1301 HILLIKER FUKUSHIMA HIROSHI & DIANNE TRS 167 099 ‐0015‐026‐06 1365 HILLIKER FEDERICO JOHN & GINNY D 168 099 ‐0015‐028‐02 LAS POSITAS RUBY BEAR LP
169 099 ‐0015‐030‐00 1300 HILLIKER GREENE WILLIAM J & LIEN L 170 099 ‐0015‐031‐00 1250 HILLIKER RUSSELL JERRY L JR & ARENDELL LEILANI W TRS 171 099 ‐0015‐039‐00 1300 HILLIKER ZACHARIAH FAMILY HIGH BASIS L P 172 099 ‐0015‐040‐00 1302 HILLIKER MUMFORD STEVEN & SUSAN 173 099 ‐0682‐006‐00 ARROYO LEE SHIUH K & WEI SHUYIN J TRS 174 099 ‐1325‐043‐00 5002 PRESTON BAY AREA LLC
175 902 ‐0008‐011‐06 US HWY 50 E ANDERSON CALVIN B Tr
176 903 ‐0010‐049‐00 PORTOLA ISABEL PORTOLA OWNER LLC
177 099 ‐0679‐048‐00 CHURCHILL DOWNS LN SHEN JIEYONG TR 178 099B‐8129‐005‐00 Northfront Rd PENINSULA REAL ESTATE INVESTMENT LLC 179 099B‐5450‐010‐03 LAUGHLIN RD WESTERN TITLE GUARANTY CO CONTRA COSTA CO 180 099 ‐1326‐042‐00 305 S VASCO RD D BRUZZONE LLC
181 099 ‐0400‐007‐28 LOMITAS AVE ROMAN CATHOLIC BISHOP OAKLAND 182
099B‐5075‐006‐10 VASCO RD COUNTY ALAMEDA FLOOD CONTROL & WATER
CONSERVATION
183 098 ‐0264‐024‐02 JUNCTION AVE WP CO 843‐1‐23‐1
184 098 ‐0260‐022‐04 N I ST W P CO 843‐1‐22‐14
185 098 ‐0290‐007‐02 N N ST W P CO 843‐1‐22‐POR‐6
186 098 ‐0290‐008‐02 N P ST WP CO 843‐1‐22‐POR‐6
187 098 ‐0290‐009‐02 VINEYARD AVE W P CO 843‐1‐22‐POR‐6 188 099B‐5752‐024‐00 6877 Brisa St BOARD OF TRUSTEE OF Lsj UNIVERSITY TR 189 099 ‐0040‐075‐00 5605 SOUTHFRONT RD MCGRATH RENTCORP 190 099 ‐0040‐076‐00 5605 SOUTHFRONT RD LI MCGRATH RENTCORP 191 099 ‐0040‐078‐00 5605 SOUTHFRONT RD MCGRATH RENTCORP 192 099 ‐0040‐079‐00 5605 SOUTHFRONT RD MCGRATH RENTCORP 193 099 ‐0256‐001‐00 E STANLEY REES ANNIE
EXHIBIT A
65 194 099 ‐0257‐001‐00 400 WALL ST LIVERMORE VALLEY JOINT UNIFIED SCHOOL DISTRICT 195 099 ‐1356‐005‐00 355 E Vineyard Ave ABBOUD FAYEZ E & RIMA F TRS 196 099 ‐1343‐033‐00 353 Kalthoff Cmn La Phong & Sai Etal 197 099 ‐1343‐024‐00 51 Vallecitos Rd MUSCO FELIX P & JOSEPHINE 198 099 ‐1343‐035‐02 342 Kalthoff Cmn DANGTRAN JOSEPH V & PHUONGUYEN N TRS 199 099 ‐1343‐019‐00 763 Kalthoff Cmn LIN ALAN Z & XING SUSAN S TRS 200 099 ‐1343‐030‐00 320 Kalthoff Cmn Livermore Crest LLC 201 099 ‐1361‐006‐00 567 E Vineyard Ave HLW LLC
202 099 ‐1356‐007‐00 221 E Vineyard Ave XU YINGMIN & CHEN JIE 203 904 ‐0004‐004‐02 US HWY 50 W SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT 204 904 ‐0004‐004‐03 US HWY 50 W SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT 205 097 ‐0022‐001‐00 1783 2nd St MITOMA PROPERTIES LLC
206 099A‐2902‐010‐00 5054 ERICA WAY BENNETT LEON R
207 099A‐2902‐013‐00 372 ERICA CT REPPAS JULIE V & STEVEN D 208 099A‐2902‐014‐00 360 ERICA CT HOWARD NICHOLAS L & JUNKO 209 098 ‐0227‐003‐00 Walnut St Curtis Foote
210 099 ‐1311‐035‐07 2395 Lennox Ln CORNERSTONE REALTY FINANCE & INVESTMENTS 211 099 ‐1366‐004‐00 Cellars Drive LAGISS TERESA A & SAUER CHRYSANNE TRS 212 099 ‐1367‐004‐00 Lagiss Drive LAGISS TERESA A & SAUER CHRYSANNE TRS 213 099 ‐1367‐005‐00 Lagiss Drive LAGISS TERESA A & SAUER CHRYSANNE TRS 214 099 ‐0751‐012‐08 2111 Pleasant View Ln BURY DOUGLAS W & SHARI G TRS 215 903 ‐0014‐004‐00 PORTOLA AVE SHEA HOMES INC
216 903 ‐0014‐005‐00 PORTOLA AVE SHEA HOMES INC
217 903 ‐0014‐006‐00 PORTOLA AVE SHEA HOMES INC
218 903 ‐0014‐007‐00 PORTOLA AVE SHEA HOMES INC
219 903 ‐0014‐008‐00 PORTOLA AVE SHEA HOMES INC
220 098 ‐0356‐139‐00 10 N Murrieta Blvd Lexington Associates 221 098 ‐0213‐003‐05 Elm St JOHAL AMRIK & GHAG MAKHAN
222 098 ‐0213‐003‐03 732 N K ST (ELM ST) AMRIK S JOHAL
223 097 ‐0143‐056‐00 1202 Concannon Blvd. RJ GRAYSON LLC 224 904 ‐0004‐072‐00 ARMSTRONG ST LIVERMORE AIRWAY BUSINESS PARK 225 904 ‐0004‐073‐00 ARMSTRONG ST LIVERMORE AIRWAY BUSINESS PARK 226 903 ‐0010‐056‐00 PORTOLA AVE SHEA CENTER LIVERMORE LLC 227 903 ‐0010‐057‐00 PORTOLA AVE SHEA CENTER LIVERMORE LLC 228 903 ‐0010‐058‐00 PORTOLA AVE SHEA CENTER LIVERMORE LLC 229 903 ‐0010‐061‐00 PORTOLA AVE SHEA CENTER LIVERMORE LLC 230 904 ‐0012‐018‐03 875 Atlantis Ct LIVERMORE AMADOR VALLEY TRANSIT AUTHORITY 231 099 ‐1343‐011‐00 e vALLECITOS rD LIVERMORE AREA RECREATION & PARKS DISTRICT 232 099B‐5300‐010‐00 Vasco Rd ALBRIGHT SHARON L & ELK KAREN J TRS & ELK KAR 233 099A‐2936‐007‐00 2600 S Vasco Rd SCOTT RICHARD H TR 234 098 ‐0346‐021‐00 909 N L St DERONG INVESTMENT 1 LLC 235 098 ‐0346‐022‐00 909 N L St DERONG INVESTMENT 1 LLC 236 099 ‐1365‐008‐00 Holmes St ROBERT D & DEBORAH D BOSSI 237 098 ‐0298‐005‐00 659 Andrews St SABIN DON
238 099 ‐1343‐012‐00 E VALLECITOS RD KKB BRO LLC
239 099 ‐0185‐003‐00
E STANLEY BLVD W P CO
240 099 ‐0175‐019‐02 E STANLEY BLVD W P CO
241 099 ‐0175‐019‐01 E STANLEY BLVD W P CO
242 099 ‐0175‐014‐02 E STANLEY BLVD W P CO
243 098 ‐0251‐009‐00 OAK ST W P CO
244 099 ‐0051‐020‐05 1ST ST W P CO
EXHIBIT A
66 245 099 ‐0051‐020‐06 1ST ST W P CO
246 099 ‐0040‐022‐00 N MINES RD W P CO
247 099 ‐0040‐017‐04 N MINES RD W P CO 843‐1‐23A‐15
248 099 ‐0040‐017‐01 N MINES RD W P CO
249 099A‐1400‐013‐01 EAST AVE W P CO
250 099A‐1475‐008‐08 EAST AVE W P CO
251 099A‐1475‐008‐02 GREENVILLE RD W P CO
252 903 ‐0010‐037‐04 Portola Ave SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT 253 903 ‐0010‐036‐03 Portola Ave SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT 254 099 ‐1343‐034‐04 301 Kalthoff Cmn VIPANI MANISH & DAKSHA M TRS 255 099B‐8129‐009‐00 Northfront Rd PENINSULA REAL ESTATE INVESTMENT LLC
EXHIBIT A
67 CITY COUNCIL STAFF REPORT
ITEM NO. 5.7
DATE:
March 11, 2024
TO:
Honorable Mayor and City Council
FROM:
Paul Spence, Assistant City Manager
SUBJECT:
Resolution of continued local emergency in response to impacts from a series of severe storm events last year.
RECOMMENDED ACTION
Staff recommends the City Council adopt a resolution of continued local emergency in response to impacts from a series of severe storm events last year.
SUMMARY
On January 10, 2023, the City Council adopted a resolution ratifying the Proclamation of the Director of Emergency Services Concerning the Existence of a Local Emergency (Resolution No. 2023-001) in response to impacts from a series of severe storm events.
On February 27, April 24, June 12, July 24, September 11, October 23, and December 11, 2023, and January 22, 2024 the City Council adopted resolutions of continued local emergency. California Government Code section 8630 directs the City Council to review the need for continuing the local emergency at least once every 60 days.
DISCUSSION
On January 4, 2023, the Executive Department of the State of California issued Executive Order N-2-23 proclaiming a State of Emergency for the Atmospheric River that started on December 27, 2022. On January 10, 2023, the City Council ratified a proclamation by the Emergency Services Director of the existence of a local emergency due to conditions of extreme peril to the safety of persons and property that arose within the City of Livermore caused by a series of severe rainstorms and high wind commencing in December 2022 and continuing through January 2023.
Proclamation 23-01 was ratified, as required, by the City Council within seven days (Resolution No. 2023-001). Once ratified, California Government Code section 8630 directs the City Council to review the need for continuing the local emergency at least once every 60 days. On February 27, 2023, the City Council adopted a resolution of continued local emergency (Resolution No. 2023-06). 68 On March 1, 2023, the Executive Department of the State of California issued a proclamation of State of Emergency due to a severe winter storm event beginning in February 2023 bringing damaging winds and historic precipitation that caused federal and state highways and road closures, and continued to threaten critical infrastructures, power outages, etc.
On March 24, 2023, the Alameda County Director of Emergency Services proclaimed a state of emergency due to conditions of continuing peril that have been presented by winter storms that resumed on February 23, 2023, continuing through March 2023, causing extensive damage and local expenses throughout the County.
On February 27, April 24, June 12, July 24, and September 11, and October 23, and December 11, 2023, and January 22, 2024 the City Council adopted resolutions of continued local emergency (Resolution Nos. 2023-026, and 2023-072, and 2023-111, and 2023-150, and 2023-159, and 2023-187, and 2023-223, and 2024-012 respectively).
Staff recommends that the City Council continue the emergency proclamation to reflect the fact that emergency repairs have not been fully implemented and on-going work is required to recover from the damage. Continuing the emergency proclamation allows staff to seek reimbursement of the eligible costs of this work from federal and state agencies through the public assistance program.
Work includes removing sediment and debris from creeks and trails, repairing creek banks that have been washed away, repairing damaged trails, and pedestrian bridge abutments. Staff estimates about 30 damaged sites totaling approximately $9,000,000.
FISCAL AND ADMINISTRATIVE IMPACTS
The continuance of a Local Emergency allows the City to access federal, state and county resources, including potential financial reimbursements.
COMMUNITY PILLAR
1: A Safe Community That Thrives
GOAL
1: Oversee the City's emergency preparedness, management, and response efforts
ATTACHMENTS
1. Resolution
Prepared by: Herbert Cole
Management Analyst
69 Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
70 RESOLUTION NO. _______
IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA
A RESOLUTION OF CONTINUED LOCAL EMERGENCY
(Severe Storm Events – December 2022 through March 2023) On January 10, 2023, the City Council adopted a resolution, Ratifying the Proclamation of the Director of Emergency Services Concerning the Existence of a Local Emergency (Resolution No. 2023-001). The emergency services proclamation concerns conditions of extreme peril to the safety of persons and property which have arisen within the City of Livermore caused by a series of severe rainstorms and high winds commencing in December 2022, and continuing through January 2023. On February 27, 2023, the City Council adopted a resolution of continued local emergency (Resolution No. 2023-026).
On March 1, 2023, California Governor, Gavin Newsom, proclaimed a state of emergency due to the severe winter storms that struck in late February as the result of an atmospheric river system forecast to continue through mid-March. The Governor issued his proclamation in response to a series of atmospheric river systems that impacted the State since late December 2022, that forced closures and damaged highways and roads, and caused other impacts that local agencies did not have time to mitigate, and that the continuing storms were expected to exacerbate those conditions.
The Governor adopted a subsequent proclamation on March 28, 2023, to apply his March 1st proclamation to Alameda County. The Governor's proclamation directed the California Office of Emergency Services to provide assistance to local governments for the protection of public health and the environment, allowed for the mobilization of the California National Guard, allowed for state-owned properties to be made available for staging debris, and modified the hours-of-service limits in the California Vehicle Code and California Code of Regulations for fuel transportation and relief efforts.
Given the declaration of emergency by the State of California and Alameda County, as well as the existing damage and impacts from the prior storms, and in anticipation of additional storms and wind, the need for continued debris removal, emergency response protective measures, and permanent repairs, continue to present conditions that are likely to be beyond the control of the services, personnel, equipment, and facilities of the City of Livermore.
On March 24, 2023, the Alameda County Director of Emergency Services proclaimed a state of emergency due to conditions of continuing peril that have been presented by winter storms that resumed on February 23, 2023, continuing through March 2023, causing extensive damage and local expenses throughout the Alameda County Operational Area.
Although efforts have been made to remedy the emergency conditions, City staff report that the emergency conditions identified by the proclamation still exist. City staff recommends continuing the declaration of emergency since it is required to be active in 71 RESOLUTION NO. _______
order to remain eligible to apply for and receive funding for costs to respond to and repair damages caused by the storm events.
Once a proclamation of local emergency is adopted, California Government Code section 8630 directs the City Council to review the need for continuing the local emergency at least once every 60 days.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that it has reviewed the January 4, 2023 proclamation of local emergency that the City Council ratified on January 10, 2023 (Resolution No. 2023-001) and continued on February 27, 2023 (Resolution No. 2023-026) and on April 24, 2023 (Resolution No. 2023-072), and on June 12, 2023 (Resolution No. 2023-111), and on July 24, 2023 (Resolution No. 2023-150), and on September 11, 2023 (Resolution No. 2023-159), and on October 23, 2023 (Resolution 2023-187), and on December 11, 2023 (Resolution No. 2023-223), and on January 22, 2024 (Resolution 2024-012) as well as the subsequent proclamations of emergency in March 2023 by both the State of California and the County of Alameda due to the continuing systems of storms affecting the State and local areas, and hereby finds that conditions warrant continued maintenance of that proclamation of local emergency.
On motion of Council Member ____________________, seconded by Council Member _____________________, the foregoing resolution was passed and adopted on March 11, 2024, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ATTEST: APPROVED AS TO FORM:
____________________________ /s/ Jason R. Alcala
Deborah L. Elam Jason R. Alcala
Acting City Clerk City Attorney
72 CITY COUNCIL STAFF REPORT
ITEM NO. 5.8
DATE:
March 11, 2024
TO:
Honorable Mayor and City Council
FROM:
Paul Spence, Assistant City Manager
SUBJECT:
Resolution authorizing the adoption of the January 2024 Tri-Valley Local Hazard Mitigation Plan update.
RECOMMENDED ACTION
Staff recommends the City Council adopt a resolution:
1 .
Adopting Volume 1 and Livermore's portion of Volume 2 of the January 2024 Tri-Valley Local Hazard Mitigation Plan;
2 .
Directing staff to integrate the Plan's hazard mitigation Action Plan projects into existing City plans and programs, to the extent feasible;
3 .
Directing staff to incorporate the Plan into the updated General Plan Safety Element, in conformance with CA AB 2140; and
4 .
Affirming Livermore's commitment to the Planning Partnership, as described in the Plan, and help to promote and support the mitigation successes of all Planning Partners.
SUMMARY
The Federal Emergency Management Agency (FEMA) has established a four phase Emergency Management Cycle that identifies how public organizations can prepare for and respond to natural hazards. Mitigation is one of the four phases and focuses on preemptive strategies to reduce disaster impacts. Federal standards encourage local jurisdictions to plan for disasters by adopting Local Hazard Mitigation Plans and tie federal emergency management grants to such Plans. Livermore and other Tri- Valley Cities and the Dublin San Ramon Services District formed a coalition (Planning Partners) to update the Tri-Valley's Local Hazard Mitigation Plan (Plan).
The 2018 Plan remains largely intact, with major changes to the hazard risk ranking and mitigation Action Plan. The new Plan proposes more concrete projects to mitigate future disasters and ensures Livermore remains eligible for FEMA grants. Livermore and the Planning Partners conducted robust public outreach in conformance with federal standards and received state and federal conditional approval of the Plan, pending local adoption. If the City Council adopts the Plan, FEMA will issue a 73 formal Plan approval. Projects within the Plan would require future capital expenditures but would be eligible for federal reimbursement. Adoption of the Plan is not a Project under CEQA and adoption of the Plan satisfies Strategic Plan goals related to the City's emergency preparedness efforts.
DISCUSSION
BACKGROUND
The Federal Emergency Management Agency (FEMA) has established a four phase Emergency Management Cycle that identifies how public organizations can prepare for and respond to natural hazards. Generally, this cycle consists of four parts: 1) Mitigation; 2) Preparedness; 3) Response; and 4) Recovery. At the local level, this cycle is often managed by emergency managers and other public safety personnel, and often consists of plans and training, like the Emergency Response Plan and Emergency Operations Center mock activations. In all cases, the focus remains on life safety, infrastructure, and the environment.
The Mitigation phase of the Emergency Management Cycle focuses on a long-term strategy to reduce disaster losses, and to break the cycle of disaster damage, reconstruction and repetitive damage, thereby improving community resilience. Specifically, this process entails identifying potential natural hazards of concern, like earthquake or flood, and implementing risk-reduction investments before a disaster occurs to preemptively reduce the impact on the community. Most often for public agencies, such investments take the form of capital projects like seismic retrofits or storm drain upsizing. For this reason, Mitigation is often the first step in the Emergency Management Cycle and crucial for any local emergency management program.
In order to facilitate local hazard mitigation planning, the US Congress passed the 1988 Stafford Act and the 2000 Disaster Mitigation Act (United States Code Title 42, Chapter 68) to require local jurisdictions to adopt Local Hazard Mitigation Plans as a pre-requisite for receiving certain pre- or post-disaster FEMA funding. In response to these acts, to update the existing outdated Hazard Mitigation Plan, and to form a more integrated plan for the Tri Valley area, the Cities of Livermore, Pleasanton, and Dublin, and the Dublin San Ramon Services District (Planning Partners) adopted the 2018 Tri Valley Local Hazard Mitigation Plan. FEMA requires Local Hazard Mitigation Plans to be updated every five years to maintain grant eligibility. This project serves as the required, regular five-year update.
ANALYSIS
Plan Updates
The core components of the 2018 Plan remain intact, including: jurisdictional profile, trend analysis, capability assessment, integration review, risk assessment, status of previous plan actions, proposed action plan, and critical facilities and hazards maps. The proposed plan also remains multijurisdictional, with all Planning Partners still participating. The primary updates occur with revised hazard risk rankings and a new five-year Action Plan. The full plan is included in Exhibits A and B to the Resolution, while the excerpted Action Plan can be found in Attachment 1.
Given the earth's constantly changing geologic and hydrologic systems, which are particularly impacted by Climate Change, FEMA requires a reassessment of all hazard rankings every five years. In order to determine which natural hazards may most significantly impact Livermore, the Planning Partners' 74 emergency management consultant Tetra Tech (Consultant) used the FEMA Hazus tool, taking into account historical hazard events, geology, topography, hydrology, etc. to identify which hazards are: 1) the most likely to occur; and 2) which hazards would cause the most significant damage. Then each hazard is ranked from high to low risk. Certain hazards with limited impacts on Livermore were excluded (e.g. Avalanche, Tsunami, etc.). The updated plan contains the same hazards of concern, but the rankings have changed based on new analysis. Specifically, wildfire has moved down in risk from Medium to Low, and Flood has moved up in ranking, but remains low risk. This is likely due to the 2017, 2022, and 2023 severe winter storms and a lack of recent localized and direct wildfire impacts on Livermore. The updated risk ranking is shown below.
Rank
Hazard
Risk Category
1 Earthquake
High
2 Severe Weather
Medium
3 Flood
Low
4 Landslide
Low
5 Drought
Low
6 Wildfire
Low
7 Dam Failure
Low
Further, the updated plan contains a significantly revised Action Plan. The previous Plan identified 34 mitigation measures, many of which were related to general ongoing activities and coordination or were determined to be infeasible. The updated plan instead includes 19 discrete measures, most of which are specific projects that can be directly integrated into Livermore's Capital Improvement Program or other work plans.
The new measures were developed by a multidisciplinary technical advisory group of Livermore staff from numerous city Departments, including Public Works, Fire, Community Development, and the City Manager's Office. The measures represent priority projects from each respective department.
Attachment 1 contains the full list of items, but examples include: City Asset Seismic Evaluation, Maintenance Service Center and Airport Flood Protection, Advance Flood Warning System, Arroyo Desilting, GIS Hazard Mapping, and a Development Code Update. Each of the new Action Plan projects would reduce Livermore's risk profile for hazards of concern, and are ultimately preemptive risk-reduction investments that will reduce disaster losses and improve Livermore's resilience.
Grant Eligibility
In addition to identifying preemptive measures the City can take to lessen the impact of disasters, a Hazard Mitigation Plan provides local jurisdictions with access to FEMA grant funds. FEMA offers a range of unique emergency management grants, but adopting the Plan will maintain Livermore's eligibility for the Pre-Disaster Mitigation Grant Program (PDM) and the Hazard Mitigation Grant Program (HMGP). These programs allow cities to be reimbursed for pre- and post-disaster mitigation costs. Often, post-disaster mitigation efforts help the City more quickly recover from disaster. The City currently uses FEMA grant programs to reimburse capital expenditures and has programmed approximately $8.2 million of FEMA grants into the 2023-2028 CIP. As of this report's publication, the City has no active FEMA grant applications, however, staff expects future FEMA grant applications within the Plan's lifecycle.
Public Outreach
75 In conformance with FEMA requirements, staff and the Consultant conducted substantial public outreach during the Plan's update process. A Steering Committee was formed to prepare the Plan and oversee public outreach. The Steering Committee met five times and included representatives from the Planning Partners as well as other interested parties, like the Lawrence Livermore National Laboratory, Alameda County Fire, and local Community Emergency Response Teams. Outreach activities included staff attending Downtown Farmers Market and Quest Science Center events, preparing social media posts, creating an interactive online story map tool, and publishing regular updates on the City website and through the Weekly Update.
Staff also focused on vulnerable populations in Livermore by sending the draft plan to service providers like Abode and Tri Valley Haven and posting the plan in the Multi-Service Center. Staff fulfilled the federal noticing requirement by opening a two-week public comment period and previously provided a draft Plan to the City Council. Throughout the outreach process, staff and the Consultant received no substantial comments on Livermore's portion of the Plan, with some residents verbally expressing gratitude the City is forward thinking and preparing for disasters.
Federal and State Approval and Next Steps
In order to be eligible for federal grants, FEMA requires state and federal review of all Local Hazard Mitigation Plans. Each Plan must meet all federal criteria around hazard ranking methodology, public outreach, Action Plan proposals, etc. The Planning Partners submitted the Plan to the CA Office of Emergency Management (Cal OES) and FEMA for their review and received state and federal conditional approvals at the end of 2023 (Attachments 2 and 3), contingent on local adoption. If the Plan is adopted by all local Planning Partners, staff and the consultant will forward each Resolution of adoption to FEMA, the Plan will be fully approved, and the Planning Partners will be eligible for FEMA grants. Any changes requested by the Livermore City Council would require recirculation and review by Cal OES and FEMA.
Following adoption of the Plan, CA Assembly Bill 2140 requires the General Plan Safety Element to be amended to incorporate the Local Hazard Mitigation Plan by reference. Given that the City is currently undertaking a comprehensive General Plan amendment, if the Plan is adopted, staff will work with the General Plan update team to incorporate the Plan and its findings into the Safety Element. Further, staff will coordinate internally to ensure the Plan's Action Plan projects are incorporated into the City's Capital Improvement Program and other City plans and programs, as feasible. In this way, the Plan will result in tangible projects to mitigate future disasters, and all local plans and programs will be internally consistent and promote local resiliency in the face of an ever-changing climate.
As required by FEMA, the Planning Partners will continue to monitor Plan progress, will conduct a regular check in two years from local adoption, and conduct the next comprehensive update in five years, or 2029.
FISCAL AND ADMINISTRATIVE IMPACTS
The Tri-Valley Local Hazard Mitigation Plan includes Action Plan mitigation projects that will require staff resources to integrate into existing City programs and to complete. A majority of the Action Plan mitigation projects will require integration into the Capital Improvement Program, as feasible, and would 76 require capital funds to complete. As of this report's publication, the costs of each mitigation project are unknown. However, the projects have been identified as priorities from each respective City Department, and project costs would be evaluated as separate projects if they are integrated into future CIP budgets.
Although Action Plan mitigation projects would require future capital expenditures, the Plan ensures that Livermore is eligible for FEMA funds and other grant monies to help offset costs associated with the Action Plan projects and future disaster relief.
ENVIRONMENTAL DETERMINATION
Adoption of a local Hazard Mitigation Plan does not constitute a project for the purposes of the California Environmental Quality Act (CEQA) per section 21065 of the California Environmental Quality Act and CEQA Guidelines. Therefore, no environmental review under CEQA is required.
COMMUNITY PILLAR
Pillar 1: A Safe Community that Thrives.
GOAL
Goal 1: Oversee the City’s emergency preparedness, management, and response efforts.
ATTACHMENTS
1. Hazard Mitigation Action Plan
2. Cal OES Approval/ Transmittal Letter
3. FEMA Approval Letter
4. Resolution
5. Exhibit A - Tri-Valley Local Hazard Mitigation Plan - Volume I
6. Exhibit B - Tri-Valley Local Hazard Mitigation Plan - Volume II
Prepared by: Jake Potter
Senior Planner
Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
77 Tri-Valley Local Hazard Mitigation Plan; Volume 2—Planning Partner Annexes
2.9 HAZARD MITIGATION ACTION PLAN
Table 2-14 lists the actions that make up the hazard mitigation action plan for this jurisdiction. Table 2-15 identifies the priority for each action. Table 2-16 summarizes the mitigation actions by hazard of concern and mitigation type.
Table 2-14. Hazard Mitigation Action Plan Matrix
Benefits New
or Existing
Assets Objectives Met Lead Agency Support Agency
Estimated
Cost Sources of Funding Timelinea
Action LIV-1—Seismic Hazard Public Outreach: Create a comprehensive outreach program to inform the public of seismic hazards and provide resources to improve community resilience during earthquakes. Outreach to include the following components: 1) Contact owners of residential properties constructed prior to 1980, inform that home may not be tied to the foundation, and provide resources to increase safety; 2) Contact residents to inform about safety hazards of unanchored furniture during earthquake; 3) Contact owners of soft story buildings, provide resources to increase safety.
Hazards Mitigated: Earthquake
Existing 4, 7, 9, 10 Community
Development
Public Information
Officer
Low General Fund Short-term
Action LIV-2—City Asset Seismic Evaluation: Evaluate the city’s critical facilities (such as city hall, fire/police, airport, etc.), utilities (such as storm, sewer, water, etc.), bridges/overcrossings, and above-ground storage tanks (such as water and fuel tanks) for system vulnerabilities and resilience in an earthquake. Identify strategies to increase resilience, redundancies, and to bring facilities to current seismic standards. Identify project partners, stakeholders and potential grants for the evaluation and strategies.
Hazards Mitigated: Earthquake
Existing 1, 4, 6, 8, 10 Engineering Asset Management High FEMA Grants (HMGP, BRIC), General Fund
Long-term
Action LIV-3—Maintenance Service Center Flood Protection: Study the Maintenance Service Center and its proximity to the Arroyo Mocho Channel to determine its resilience during flooding events. Identify and undertake feasible projects to mitigate flooding damages and identify funding strategies.
Hazards Mitigated: Flood, Severe Weather
Existing 1, 4, 6, 10, 12 Engineering Maintenance Medium FEMA FMA, General Fund
Long-term
2-18
ATTACHMENT 1
78 2. City of Livermore
Benefits New
or Existing
Assets Objectives Met Lead Agency Support Agency
Estimated
Cost Sources of Funding Timelinea
Action LIV-4—Airport Flood Protection: Evaluate recommendations in the Schaaf & Wheeler 2016 Airport Flood Protection Analysis and Alternatives Summary Report and update the study. Identify and undertake feasible projects to mitigate flooding damages and identify funding strategies.
Hazards Mitigated: Flood, Severe Weather
Existing 4, 6, 10 Engineering Airport Medium FEMA FMA, General Fund
Long-term
Action LIV-5—Debris Basin Study: Conduct a study with Zone 7 and other agencies to identify feasible locations for implementation of upstream watershed debris basin or other drainage system redundancies (e.g., overflow pipes) to reduce flood impacts. Redundancy locations could include Collier Canyon Creek, Arroyo Las Positas, and other major water courses. Identify project partners, stakeholders and potential grants for the study.
Hazards Mitigated: Flood, Severe Weather
Existing 1, 7, 8, 10, 12 Engineering Medium FEMA FMA, General Fund
Long-term
Action LIV-6—Advance Flood Warning System: Create a citywide advance flood warning system that informs city staff and the public of future impacts from flood, severe weather, or dam failure. System may include digital and/or physical infrastructure.
Hazards Mitigated: Flood, Severe Weather
Existing 1, 3, 7, 9 Engineering Emergency
Management
Medium FEMA Grants (HMGP,
FMA), General Fund
Short-term
Action LIV-7—Active Water Level Management: Identify City-owned storm drain manholes, stream culverts, and other stormwater infrastructure as appropriate locations for active water level management. At each location, install “smart cover” style sensors, level gauges, remote level sensors, or other monitoring equipment to help determine flow levels, schedule maintenance activities, and respond to floods in progress.
Hazards Mitigated: Flood, Severe Weather
Both 1, 8, 10 Water Resources Engineering Medium General Fund Short-term Action LIV-8—Arroyo Desilting: Conduct desilting operations along the Arroyo Las Positas east and west of Airway Boulevard to ensure proper hydraulic flow and to prevent future flooding impacts.
Hazards Mitigated: Flood, Severe Weather
Existing 10, 12 Water Resources Engineering Low General Fund Short-term Action LIV-9—Ag Land Runoff Study: Evaluate impacts of surface drainage from vineyard and agricultural areas to residential tracts, including areas such as Tuscany Circle and Charlotte Way/ Stockton Loop. Identify and undertake feasible projects to mitigate flooding damages and identify funding strategies.
Hazards Mitigated: Flood
Existing 1, 6, 10, 12 Water Resources Engineering Low FEMA FMA, General Fund
Short-term
Action LIV-10—Creek Embankment Study: In partnership with other agencies, conduct citywide creek embankment studies to determine seismic and flood vulnerabilities and identify mitigation measures such as slope stabilization. Identify project partners, stakeholders and potential grants for the study.
Hazards Mitigated: Flood, Severe Weather, Earthquake
Existing 1, 6, 7, 10, 12 Engineering High FEMA FMA, General Fund
Long-term
Action LIV-11—Development Code Update: Update the Livermore Development Code and/or Zoning Map to: 1) require that new development consider and reduce impacts of natural hazards; 2) provide incentives for seismic upgrades; and 3) streamline reconstruction after declared disasters. Updates could include overlay districts, new entitlement process, etc.
Hazards Mitigated: Earthquake, Severe Weather, Flood, Landslide, Drought, Wildfire, Dam Failure New 2, 4, 5, 6, 8, 10, 11 Planning Low Staff Time Short-term 2-19
ATTACHMENT 1
79 Tri-Valley Local Hazard Mitigation Plan; Volume 2—Planning Partner Annexes Benefits New
or Existing
Assets Objectives Met Lead Agency Support Agency
Estimated
Cost Sources of Funding Timelinea
Action LIV-12—GIS Hazard Mapping: Incorporate all hazard maps into the City’s Geographic Information System, including Wildland- Urban Interface areas. Ensure maps are dynamic and searchable, and that staff and public have access [carried over from previous plan].
Hazards Mitigated: Earthquake, Flood, Landslide, Wildfire, Dam Failure Both 1, 3, 7, 9 Planning Information Technology Low General Fund, Staff Time
Short-term
Action LIV-13—Overhead Utility Landscaping: Amend existing landscape and other related ordinances to encourage appropriate planting near overhead power, cable, and phone lines [carried over from previous plan].
Hazards Mitigated: Severe Weather, Wildfire
Both 2, 8, 10, 12 Planning Low Staff Time Short-term
Action LIV-14—Annual Weed Abatement Program: Continue Annual Weed Abatement program [carried over from previous plan].
Hazards Mitigated: Wildfire, Flood, Severe Weather
Both 10, 12 Maintenance Low General Fund, Staff
Time
Ongoing
Action LIV-15—Capital Improvement Plan Review: Incorporate grant eligible capital improvement projects into the Hazard Mitigation Plan biannually to coincide with Capital Improvement Plan/ budget review [carried over from previous plan].
Hazards Mitigated: Earthquake, Severe Weather, Flood, Landslide, Drought, Wildfire, Dam Failure Both 8, 10 Planning Engineering Low Staff Time Ongoing
Action LIV-16—Continue to maintain good standing and compliance under the NFIP through implementation of floodplain management programs that, at a minimum, meet the NFIP requirements:
• Enforce the flood damage prevention ordinance.
• Participate in floodplain identification and mapping updates. • Provide public assistance/information on floodplain requirements and impacts. [carried over from previous plan].
Hazards Mitigated: Flood
Both 1, 4, 6, 9 Community
Development
Low General Fund, Staff
Time
Ongoing
Action LIV-17—Where appropriate, support retrofitting or relocation of structures in high hazard areas, prioritizing structures that have experienced repetitive losses. [carried over from previous plan].
Hazards Mitigated: Earthquake, Severe Weather, Flood, Landslide, Wildfire, Dam Failure Both 1, 2, 4, 6, 8 Engineering High FEMA Grants (HMGP,
BRIC, FMA)
Ongoing
Action LIV-18—Substantial Damage Response/Management Plan • Explore feasibility of developing the plan
• Develop plan if deemed feasible
Hazards Mitigated: Severe Weather, Flood
Both 1, 4, 5, 6, 8, 10 Planning Low General Fund, Staff Time, California
Adaptation Grant
Program
Ongoing
Action LIV-19—Explore the feasibility of identifying socially vulnerable populations at the census block level. If deemed feasible, develop the dataset for future planning efforts.
Hazards Mitigated: Dam Failure, Drought, Earthquake, Flood, Landslide, Severe Weather, Wildfire Both 1, 9, 10, 12 Planning Low General Fund, Staff
Time
Ongoing
a. Short-term = Completion within 5 years; Long-term = Completion within 10 years; Ongoing= Continuing new or existing program with no completion date
Acronyms used here are defined at the beginning of this volume. 2-20
ATTACHMENT 1
80 3650 SCHRIEVER AVENUE MATHER, CA 95655
LOCAL MITIGATION PLANNING UNIT
GAVIN NEWSOM
GOVERNOR
NANCY WARD
DIRECTOR
O
ctober 31, 2023
Al
ison Kearns
Risk Analysis Branch Chief
Mitigation Division
Federal Emergency Management Agency, Region IX
1111 Broadway Street, Suite 1200
Oakland, California 94607
S
ubject: Tri-Valley Multi-Jurisdiction Local Hazard Mitigation Plan D
ear Ms. Kearns:
T
he California Governor’s Office of Emergency Services (Cal OES) is forwarding the Multi-Jurisdiction Local Hazard Mitigation Plan for Tri-Valley for formal review. The documents were transmitted to FEMA electronically.
I
f you have any questions, please contact me at (916) 845-8531 or Tina Phan, Emergency Services Coordinator, Local Mitigation Planning Division, at (916) 539-1625.
S
incerely,
V
ICTORIA LAMAR-HAAS, Chief
Local Mitigation Planning Unit
En
closures
cc: Su
san Frost, City of Livermore Planning Division
ATTACHMENT 2
81 U.S. Department of Homeland Security
FEMA Region 9
1111 Broadway, Suite 1200
Oakland, CA 94607-4052
www.fema.gov
December 15, 2023
Jake Potter
Associate Planner
City of Livermore
1052 South Livermore Avenue
Livermore, CA 94550
Dear Jake Potter:
The Federal Emergency Management Agency (FEMA) has completed its review of the Tri-Valley Local Hazard Mitigation Plan 2023 and has determined that this plan is eligible for final approval pending its adoption by all participating jurisdictions. Please see the enclosed list of approvable pending adoption jurisdictions.
Formal adoption documentation must be submitted to FEMA Region 9 by at least one participating jurisdiction within one calendar year of the date of this letter, or the entire plan must be updated and resubmitted for review. FEMA will approve the plan upon receipt of the documentation of formal adoption.
Once the plan is approved, each participating jurisdiction must adopt the plan within five calendar years of the date of the approval. The adoption of the plan by each jurisdiction ensures that jurisdiction’s continued eligibility for funding under FEMA’s Hazard Mitigation Assistance (HMA) programs. All requests for funding, however, will be evaluated individually according to the specific eligibility, and other requirements of the particular program under which applications are submitted.
If you have any questions regarding the planning or review processes, please contact the FEMA Region 9 Hazard Mitigation Planning Team at [email protected].
Sincerely,
for: Alison Kearns
Planning and Implementation Branch Chief
Mitigation Division
FEMA Region 9
XING LIU
Digitally signed by XING
LIU
Date: 2023.12.14 17:31:36
-08'00'
ATTACHMENT 3
82 Tri-Valley Local Hazard Mitigation Plan 2023, APA Notice December 15, 2023
www.fema.gov
Enclosures (2)
Tri-Valley Plan Review Tool, dated December 15, 2023
Status of Participating Jurisdictions, dated December 15, 2023 cc:
Ron Miller, Acting State Hazard Mitigation Officer, California Governor’s Office of Emergency Services
Robyn Fennig, Planning Division Chief, California Governor’s Office of Emergency Services
Victoria LaMar-Haas, Hazard Mitigation Planning Chief, California Governor’s Office of Emergency Services
Status of Participating Jurisdictions as of December 15, 2023 Jurisdictions – Adopted and Approved
# Jurisdiction Date of Adoption
1 2
3 4
5 6
Jurisdictions – Approvable Pending Adoption
# Jurisdiction
1 City of Dublin
2 City of Livermore
3 City of Pleasanton
4 Dublin San Ramon Services District
ATTACHMENT 3
83 RESOLUTION NO.
IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA A RESOLUTION ADOPTING THE JANUARY 2024 TRI-VALLEY LOCAL HAZARD
MITIGATION PLAN UPDATE
Natural hazards often cause loss of life, human suffering, loss of income, property loss and damage, degrade the environment, disrupt the normal functioning of governments and communities, and adversely affect individuals and families with great severity.
Proactive investment in risk-reducing actions and mitigation of known hazards before a disaster occurs can reduce or eliminate long-term risk to life, property, and the environment, reduce disaster losses, break the cycle of disaster damage, reconstruction and repetitive damage, and improve community resilience.
The federal Stafford Act and Disaster Mitigation Act (United States Code Title 42, Chapter 68) encourage local hazard mitigation efforts and establish requirements for pre- and post-disaster hazard mitigation programs.
California Assembly Bill 2140 requires a local jurisdiction’s General Plan Safety Element to be amended to incorporate a newly adopted Local Hazard Mitigation Plan by reference.
A local jurisdiction’s Capital Improvement Program is the appropriate location to budget for risk-reducing investments to mitigate natural hazards.
Livermore and the entire Tri-Valley area are located in a region with known exposure to natural hazards.
The City of Livermore and other Tri-Valley cities and special districts have like planning objectives, geographic proximity, and shared economic and cultural interests.
The City of Livermore and other Tri-Valley cities and special districts formed a coalition to pool resources, update the Tri-Valley Local Hazard Mitigation Plan, create unified and integrated mitigation measures across the Tri-Valley region, and conduct coordinated public outreach.
The CA Office of Emergency Services and the Federal Emergency Management Agency have reviewed and conditionally approved the Tri-Valley Local Hazard Mitigation Plan and determined it conforms to all applicable federal and state standards.
Adoption of the Local Tri-Valley Hazard Mitigation Plan is not a Project under section 21065 of the California Environmental Quality Act and CEQA Guidelines. 84 RESOLUTION NO.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that it hereby adopts in its entirety Volume I and the relevant portions of Volume II, including the Introduction, City of Livermore Annex, and Appendices, of the Tri-Valley Local Hazard Mitigation Plan (“Plan”).
BE IT FURTHER RESOLVED by the City Council of the City of Livermore that it hereby directs staff to integrate the Plan's hazard mitigation Action Plan projects into existing City plans and programs, to the extent feasible.
BE IT FURTHER RESOLVED by the City Council of the City of Livermore that it hereby directs staff to incorporate the Plan into the updated General Plan Safety Element, in conformance with CA AB 2140.
BE IT FURTHER RESOLVED by the City Council of the City of Livermore that it hereby affirms the City of Livermore's commitment to the Planning Partnership, as described in the Plan, and helps to promote and support the mitigation successes of all Planning Partners.
Full copies of the adopted Plan can be found in the Livermore Community Development Department and City Manager’s Office, 1052 South Livermore Avenue, Livermore, CA.
On motion of Council Member ____________________, seconded by Council Member _____________________, the foregoing resolution was passed and adopted on March 11, 2024, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ATTEST: APPROVED AS TO FORM:
______________________________ /s/ Katherine Mirassou Deborah L. Elam Katherine Mirassou Acting City Clerk Deputy City Attorney
Exhibit A – Tri Valley Local Hazard Mitigation Plan, Volume I Exhibit B – Tri Valley Local Hazard Mitigation Plan, Volume II 85 Volume 1
Planning Area-Wide Elements
January 2024
TRI-VALLEY
LOCAL HAZARD MITIGATION PLAN
EXHIBIT A
86 Tri-Valley Local Hazard Mitigation Plan
Volume 1—Planning-Area-Wide Elements
January 2024
PREPARED FOR
City of Dublin, CA City of Livermore, CA City of Pleasanton, CA Dublin San Ramon Services District 100 Civic Plaza
Dublin, CA 94568
1052 S. Livermore Avenue
Livermore, CA 94550
123 Main Street
Pleasanton, CA 94566
7051 Dublin Blvd.
Dublin, CA 94568
PREPARED BY
Tetra Tech
1999 Harrison Street
Suite 500
Oakland, CA 94612
Phone: (510) 302-6300
Fax: (510) 433-0830
tetratech.com
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EXHIBIT A
87 v
CONTENTS
Executive Summary.............................................................................................................. xix PART 1— PLANNING PROCESS AND COMMUNITY PROFILE
1. Introduction to Hazard Mitigation Planning ................................................................................................ 1-1
1.1 Why Prepare This Plan? ...................................................................................................................... 1-1
1.2 Who Will Benefit From This Plan? ..................................................................................................... 1-2
1.3 Contents of This Plan .......................................................................................................................... 1-2
2. Plan Update—What Has Changed ............................................................................................................... 2-1
2.1 Previous Plans ..................................................................................................................................... 2-1
2.2 Why Update? ....................................................................................................................................... 2-2
2.3 The Updated Plan—What Is Different? .............................................................................................. 2-3
3. Plan Update Approach ................................................................................................................................. 3-1
3.1 Formation of the Planning Team ......................................................................................................... 3-1
3.2 Defining Stakeholders ......................................................................................................................... 3-1
3.3 The Steering Committee ...................................................................................................................... 3-1
3.4 Establishment of the Planning Partnership .......................................................................................... 3-2
3.5 Defining the Planning Area ................................................................................................................. 3-3
3.6 Coordination with Stakeholders and Agencies .................................................................................... 3-3
3.7 Review of Existing Programs .............................................................................................................. 3-6
3.8 Public Involvement .............................................................................................................................. 3-7
3.9 Plan Development Chronology/Milestones ....................................................................................... 3-13
4. Community Profile ....................................................................................................................................... 4-1
4.1 Geographic Overview .......................................................................................................................... 4-1
4.2 Historical Overview ............................................................................................................................ 4-1
4.3 Physical Setting ................................................................................................................................... 4-3
4.4 Development Profile ............................................................................................................................ 4-5
4.5 Demographics .................................................................................................................................... 4-12
4.6 Economy ............................................................................................................................................ 4-16
5. Hazards of Concern ...................................................................................................................................... 5-1
5.1 Major Past Hazard Events ................................................................................................................... 5-1
5.2 Hazards Identified for Assessment in This Plan .................................................................................. 5-2
6. Relevant Laws, Ordinances and Programs .................................................................................................. 6-1
6.1 Relevant Federal and State Agencies, Programs and Regulations ...................................................... 6-1
6.2 Local Plans, Reports and Codes .......................................................................................................... 6-5
6.3 Local Capability Assessment .............................................................................................................. 6-6
6.4 Opportunities for Integration and Expansion ...................................................................................... 6-8 PART 2— RISK ASSESSMENT
7. Risk Assessment Methodology .................................................................................................................... 7-1
7.1 Risk Assessment Tools ........................................................................................................................ 7-1
7.2 Risk Assessment Approach ................................................................................................................. 7-3
7.3 Sources of Data Used in Modeling ...................................................................................................... 7-4
7.4 Limitations ........................................................................................................................................... 7-6
EXHIBIT A
88 Tri-Valley Local Hazard Mitigation Plan; Volume 1—Planning-Area-Wide Elements vi
8. Dam Failure ................................................................................................................................................. 8-1
8.1 General Background ............................................................................................................................ 8-1
8.2 Hazard Profile ...................................................................................................................................... 8-3
8.3 Exposure .............................................................................................................................................. 8-7
8.4 Vulnerability ...................................................................................................................................... 8-10
8.5 Future Trends in Development .......................................................................................................... 8-12
8.6 Scenario ............................................................................................................................................. 8-14
8.7 Issues ................................................................................................................................................. 8-14
9. Drought ........................................................................................................................................................ 9-1
9.1 General Background ............................................................................................................................ 9-1
9.2 Hazard Profile ...................................................................................................................................... 9-5
9.3 Exposure ............................................................................................................................................ 9-15
9.4 Vulnerability ...................................................................................................................................... 9-15
9.5 Future Trends in Development .......................................................................................................... 9-17
9.6 Scenario ............................................................................................................................................. 9-17
9.7 Issues ................................................................................................................................................. 9-17
10. Earthquake ............................................................................................................................................... 10-1
10.1 General Background ........................................................................................................................ 10-1
10.2 Hazard Profile .................................................................................................................................. 10-6
10.3 Exposure ........................................................................................................................................ 10-14
10.4 Vulnerability .................................................................................................................................. 10-17
10.5 Future Trends in Development ...................................................................................................... 10-31
10.6 Scenario ......................................................................................................................................... 10-31
10.7 Issues ............................................................................................................................................. 10-31
11. Flood ........................................................................................................................................................ 11-1
11.1 General Background ........................................................................................................................ 11-1
11.2 Hazard Profile .................................................................................................................................. 11-5
11.3 Exposure ........................................................................................................................................ 11-15
11.4 Vulnerability .................................................................................................................................. 11-20
11.5 Future Trends in Development ...................................................................................................... 11-26
11.6 Scenario ......................................................................................................................................... 11-26
11.7 Issues ............................................................................................................................................. 11-26
12. Landslide .................................................................................................................................................. 12-1
12.1 General Background ........................................................................................................................ 12-1
12.2 Hazard Profile .................................................................................................................................. 12-3
12.3 Exposure .......................................................................................................................................... 12-7
12.4 Vulnerability .................................................................................................................................. 12-12
12.5 Future Trends in Development ...................................................................................................... 12-14
12.6 Scenario ......................................................................................................................................... 12-14
12.7 Issues ............................................................................................................................................. 12-14
13. Severe Weather ........................................................................................................................................ 13-1
13.1 General Background ........................................................................................................................ 13-1
13.2 Hazard Profile .................................................................................................................................. 13-5
13.3 Exposure and Vulnerability ............................................................................................................. 13-9
13.4 Future Trends in Development ...................................................................................................... 13-12
13.5 Scenario ......................................................................................................................................... 13-12
EXHIBIT A
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13.6 Issues ............................................................................................................................................. 13-12
14. Wildfire .................................................................................................................................................... 14-1
14.1 General Background ........................................................................................................................ 14-1
14.2 Hazard Profile .................................................................................................................................. 14-2
14.3 Exposure .......................................................................................................................................... 14-6
14.4 Vulnerability .................................................................................................................................. 14-10
14.5 Future Trends in Development ...................................................................................................... 14-13
14.6 Scenario ......................................................................................................................................... 14-14
14.7 Issues ............................................................................................................................................. 14-14
15. Climate Change ........................................................................................................................................ 15-1
15.1 General Background ........................................................................................................................ 15-1
15.2 Vulnerability Assessment ................................................................................................................ 15-9
15.3 Issues ............................................................................................................................................. 15-14
16. Public Health Emergency......................................................................................................................... 16-1
16.1 General Background ........................................................................................................................ 16-1
16.2 Hazard Profile .................................................................................................................................. 16-3
16.3 Exposure and Vulnerability ............................................................................................................. 16-5
16.4 Future Trends in Development ........................................................................................................ 16-5
16.5 Scenario ........................................................................................................................................... 16-5
16.6 Issues ............................................................................................................................................... 16-5
17. Human-Caused Hazards ........................................................................................................................... 17-1
17.1 General Background ........................................................................................................................ 17-1
17.2 Hazard Profile ................................................................................................................................ 17-12
17.3 Secondary Hazards ........................................................................................................................ 17-20
17.4 Exposure ........................................................................................................................................ 17-21
17.5 Vulnerability .................................................................................................................................. 17-23
17.6 Future Trends in Development ...................................................................................................... 17-24
17.7 Scenario ......................................................................................................................................... 17-24
17.8 Issues ............................................................................................................................................. 17-25
18. Risk Ranking ............................................................................................................................................ 18-1
18.1 Probability of Occurrence ................................................................................................................ 18-1
18.2 Impact .............................................................................................................................................. 18-2
18.3 Risk Rating and Ranking ................................................................................................................. 18-4 PART 3— MITIGATION STRATEGY
19. Goals and Objectives ............................................................................................................................... 19-1
19.1 Mission Statement ........................................................................................................................... 19-1
19.2 Goals ................................................................................................................................................ 19-1
19.3 Objectives ........................................................................................................................................ 19-2
20. Mitigation Best Practices and Adaptive Capacity .................................................................................... 20-1
20.1 Mitigation Best Practices ................................................................................................................. 20-1
20.2 Adaptive Capacity ........................................................................................................................... 20-9
21. Plan Adoption and Maintenance .............................................................................................................. 21-1
21.1 Plan Adoption .................................................................................................................................. 21-1
21.2 Plan Maintenance Strategy .............................................................................................................. 21-1 References ........................................................................................................................................................ R-1
EXHIBIT A
90 Tri-Valley Local Hazard Mitigation Plan; Volume 1—Planning-Area-Wide Elements viii
Appendices
Appendix A. Hazard Mitigation Survey Results
Appendix B. Summary of Federal and State Agencies, Programs and Regulations Appendix C. Risk Assessment Mapping Methodology
Appendix D. Plan Adoption Resolutions from Planning Partners Appendix E. Progress Report Template
Appendix F. Steering Committee Meeting Materials
Tables
Table 2-1. Plan Changes Crosswalk ....................................................................................................................... 2-3 Table 3-1. Steering Committee Members ............................................................................................................... 3-2 Table 3-2. Municipal and Special District Planning Partners ................................................................................. 3-3 Table 3-3. Plan Development Chronology/Milestones ........................................................................................ 3-14 Table 4-1. Planning Area Building Counts by Occupancy Class ........................................................................... 4-6 Table 4-2. Planning Area Replacement Value ....................................................................................................... 4-7 Table 4-3. Annual Population Data ...................................................................................................................... 4-12 Table 5-1. Presidential Disaster Declarations ......................................................................................................... 5-1 Table 5-2. Tri-Valley Hazard Comparison with California State Hazards ............................................................. 5-2 Table 6-1. Summary of Relevant Federal Agencies, Programs and Regulations ................................................... 6-1 Table 6-2. Summary of Relevant State Agencies, Programs and Regulations ....................................................... 6-3 Table 6-3. Integration of Hazard Mitigation Plan With Other Plans and Programs ............................................... 6-8 Table 7-1. Risk Assessment Data Sources ............................................................................................................. 7-5 Table 8-1. State of California Downstream Hazard Potential Classification ......................................................... 8-2 Table 8-2. Del Valle Dam Characteristics .............................................................................................................. 8-4 Table 8-3. Patterson Dam Characteristics .............................................................................................................. 8-5 Table 9-1. State Drought Management Program .................................................................................................... 9-5 Table 9-2. Projected Normal Year Water Supply and Demand Comparison ......................................................... 9-7 Table 9-3. Water Shortage Contingency Plan Levels ............................................................................................. 9-8 Table 10-1. Mercalli Scale and Peak Ground Acceleration Comparison ............................................................. 10-3 Table 10-2. NEHRP Soil Classification System .................................................................................................. 10-6 Table 10-3. Recent Earthquakes Magnitude 4.0 or Larger Near Planning Area .................................................. 10-6 Table 10-4. Earthquake Probabilities for the San Francisco Bay Area, 2014-2043 ........................................... 10-10 Table 10-5. Earthquakes Modeled for Risk Assessment .................................................................................... 10-17 Table 10-6. Age of Structures in Planning Area ................................................................................................ 10-27
EXHIBIT A
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Table 11-1. Jurisdictions and Date Joined NFIP .................................................................................................. 11-5 Table 11-2. Flood Insurance Statistics ................................................................................................................. 11-6 Table 11-3. CRS Community Status in the Planning Area .................................................................................. 11-6 Table 11-4. FEMA Disaster Declarations for Flood Events in Alameda County ................................................ 11-8 Table 11-5. Flood Events in the Tri-Valley Planning Area .................................................................................. 11-8 Table 11-6. Probability of Future Occurrences of Flood Events ........................................................................ 11-12 Table 11-7. Summary of Peak Discharges within the Planning Area ................................................................ 11-13 Table 12-1. FEMA Landslide Disaster Declarations in Alameda County ........................................................... 12-3 Table 12-2. Landslide Events in the Tri-Valley Planning Area ........................................................................... 12-4 Table 13-1. Beaufort Wind Chart ......................................................................................................................... 13-4 Table 13-2. Severe Weather Events in the Tri-Valley Planning Area .................................................................. 13-6 Table 14-1. Recent Fires Affecting Planning Area (Burning More Than 10 Acres) ............................................ 14-3 Table 14-2. Record of Fire in Alameda County ................................................................................................... 14-5 Table 15-1. Summary of Likely Primary and Secondary Climate Change Impacts on the Planning Area .......... 15-5 Table 15-2. Average Temperature Projections in Tri-Valley Planning Area ....................................................... 15-6 Table 16-1. Naturally Spread Diseases Seen in California ................................................................................... 16-2 Table 17-1. Common Mechanisms for Cyber-attacks .......................................................................................... 17-6 Table 17-2. Hazard Materials Spills in Tri-Valley Planning Area Reported to Cal OES (2012-2016) ............. 17-15 Table 17-3. Total Fatal and Injury Collision Data for Tri-Valley Planning Area .............................................. 17-16 Table 17-4. Injuries and Fatalities from Hazardous Materials Spills in Tri-Valley Planning Area ................... 17-20 Table 17-5. Criticality Factors ............................................................................................................................ 17-22 Table 17-6. Vulnerability Criteria ...................................................................................................................... 17-22 Table 20-1. Alternatives to Mitigate the Dam Failure Hazard ............................................................................. 20-2 Table 20-2. Alternatives to Mitigate the Drought Hazard .................................................................................... 20-3 Table 20-3. Alternatives to Mitigate the Earthquake Hazard ............................................................................... 20-4 Table 20-4. Alternatives to Mitigate the Flood Hazard ........................................................................................ 20-5 Table 20-5. Alternatives to Mitigate the Landslide Hazard ................................................................................. 20-6 Table 20-6. Alternatives to Mitigate the Severe Weather Hazard ........................................................................ 20-7 Table 20-7. Alternatives to Mitigate the Wildfire Hazard .................................................................................... 20-8 Table 21-1. Plan Maintenance Matrix .................................................................................................................. 21-2
Figures
Figure 3-1. Hazard Mitigation Plan Web Site Homepage ...................................................................................... 3-9 Figure 3-2. Hazard Mitigation Survey .................................................................................................................. 3-10 Figure 3-3. Tri-Valley StoryMap ......................................................................................................................... 3-11 Figure 3-4. Social Media Public Outreach ........................................................................................................... 3-12 Figure 4-1. Planning Area ...................................................................................................................................... 4-2 Figure 4-2. Watersheds and Water Bodies in the Planning Area ........................................................................... 4-4 Figure 4-3. Normal Precipitation and Temperatures in Planning Area, 2000-2023 ............................................... 4-5
EXHIBIT A
92 Tri-Valley Local Hazard Mitigation Plan; Volume 1—Planning-Area-Wide Elements x
Figure 4-4. Critical Facilities (1 of 2) ..................................................................................................................... 4-9 Figure 4-5. Critical Facilities (2 of 2) ................................................................................................................... 4-10 Figure 4-6. Planning Area Critical Facilities by Jurisdiction and Category ......................................................... 4-11 Figure 4-7. Residential Building Permit Trends, 2005 to 2021 ............................................................................ 4-11 Figure 4-8. Alameda County vs. Planning Area Population Growth ................................................................... 4-13 Figure 4-9. Planning Area Age Distribution ........................................................................................................ 4-15 Figure 4-10. Planning Area Race Distribution ..................................................................................................... 4-15 Figure 4-11. Industry in the Planning Area by Population Employed ................................................................. 4-17 Figure 4-12. Occupations in the Planning Area ................................................................................................... 4-18 Figure 4-13. California State and Planning Area Unemployment Rate ............................................................... 4-18 Figure 8-1. Combined Dam Failure Inundation ..................................................................................................... 8-6 Figure 8-2. Population Exposed to Dam Failure and Total Population, by Jurisdiction ........................................ 8-7 Figure 8-3. Number and Exposed Value of Buildings in Dam Failure Inundation Area ....................................... 8-8 Figure 8-4. Total Value in Dam Failure Inundation Area as % of Total Replacement Value, by Jurisdiction ...... 8-8 Figure 8-5. Number of Structures within the Dam Failure Inundation Zone, by Occupancy Class ....................... 8-9 Figure 8-6. Critical Facilities within the Dam Failure Inundation Area, by Jurisdiction ..................................... 8-10 Figure 8-7. Estimated Persons Displaced or Requiring Short-Term Shelter Due to Dam Failure ....................... 8-11 Figure 8-8. Loss Estimates for Dam Failure ......................................................................................................... 8-13 Figure 8-9. Number of Buildings Impacted by Dam Failure ................................................................................ 8-13 Figure 8-10. Estimated Structural Debris Generated by Dam Failure .................................................................. 8-13 Figure 8-11. Estimated Damage to Critical Facilities from Dam Failure ............................................................. 8-14 Figure 9-1. Standard National Drought and Precipitation Indices ......................................................................... 9-3 Figure 9-2. Zone 7 Water Agency Supply and Use, Fiscal Year 2019-2020 ......................................................... 9-6 Figure 9-3. Records of Statewide Drought in California Since 2000 ................................................................... 9-10 Figure 9-4. Palmer Drought Severity Index, January 2023 .................................................................................. 9-13 Figure 9-5. U.S. Drought Monitor Map of Planning Area Drought Conditions, June 2023 ................................ 9-13 Figure 9-6. Percent of Alameda and Contra Cosa Counties Affected by Each USDM Rating, 2000 – 2023 ...... 9-14 Figure 10-1. Peak Acceleration (%g) with 2% Probability of Exceedance in 50 Years ...................................... 10-5 Figure 10-2. Recent Earthquakes Magnitude 5.0 or Larger Near Planning Area ................................................. 10-7 Figure 10-3. Significant Known Faults in the Bay Area ...................................................................................... 10-9 Figure 10-4. NEHRP Soils Soil Classification ................................................................................................... 10-11 Figure 10-5. Liquefaction Susceptibility ............................................................................................................ 10-12 Figure 10-6. PGA (as %g) with 10-Percent Probability of Exceedance in 50 Years ......................................... 10-13 Figure 10-7. Population Living on NEHRP D Soils and Total Population, by Jurisdiction .............................. 10-14 Figure 10-8. Number and Exposed Value of Buildings on NEHRP D Soils...................................................... 10-15 Figure 10-9. Total Value on NEHRP D Soils as Percent of Total Replacement Value, by Jurisdiction ............ 10-15 Figure 10-10. Number of Structures on NEHRP D Soils, by Occupancy Class ................................................ 10-16 Figure 10-11. Critical Facilities on NEHRP D Soils, by Category and Jurisdiction .......................................... 10-17 Figure 10-12. Calaveras (No) M6.86 Earthquake Scenario ............................................................................... 10-18 Figure 10-13. Greenville (No) M6.86 Earthquake Scenario .............................................................................. 10-19 Figure 10-14. HayWired M7.05 Earthquake Scenario ....................................................................................... 10-20 Figure 10-15. Las Positas M6.5 Earthquake Scenario ........................................................................................ 10-21 Figure 10-16. N. Mount Diablo Thrust South M6.5 Earthquake Scenario ......................................................... 10-22 Figure 10-17. Estimated Number of Displaced Households Due to Earthquake ............................................... 10-24 Figure 10-18. Estimated Number of Persons Requiring Short-Term Shelter Due to Earthquake ...................... 10-24
EXHIBIT A
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Figure 10-19. Loss Estimates for Earthquake, Total Planning Area .................................................................. 10-25 Figure 10-20. Loss Estimates for Earthquake, City of Dublin ........................................................................... 10-25 Figure 10-21. Loss Estimates for Earthquake, City of Livermore ..................................................................... 10-25 Figure 10-22. Loss Estimates for Earthquake, City of Pleasanton ..................................................................... 10-26 Figure 10-23. Estimated Earthquake-Caused Debris ......................................................................................... 10-26 Figure 10-24. Critical Facility Damage Potential, Calaveras Fault Scenario ..................................................... 10-27 Figure 10-25. Critical Facility Damage Potential, Greenville Fault Scenario .................................................... 10-28 Figure 10-26. Critical Facility Damage Potential, HayWired Fault Scenario .................................................... 10-28 Figure 10-27. Critical Facility Damage Potential, Las Positas Fault Scenario ................................................... 10-28 Figure 10-28. Critical Facility Damage Potential, Mt. Diablo Fault Scenario ................................................... 10-29 Figure 10-29. Critical Facility Functionality, Calaveras Fault Scenario ............................................................ 10-29 Figure 10-30. Critical Facility Functionality, Greenville Fault Scenario ........................................................... 10-29 Figure 10-31. Critical Facility Functionality, HayWired Fault Scenario ........................................................... 10-30 Figure 10-32. Critical Facility Functionality, Las Positas Fault Scenario .......................................................... 10-30 Figure 10-33. Critical Facility Functionality, Mt. Diablo Fault Scenario .......................................................... 10-30 Figure 11-1. FEMA Flood Hazard Areas ........................................................................................................... 11-11 Figure 11-2. Area in the Flood Zone, by Jurisdiction and Flood Event ............................................................. 11-12 Figure 11-3. Population Exposed to Flood and Total Population, by Jurisdiction ............................................. 11-15 Figure 11-4. Total Planning Area Population Exposed to Flood ........................................................................ 11-15 Figure 11-5. Number and Exposed Value of Buildings in the 1% Annual Chance Flood Zone ........................ 11-16 Figure 11-6. Number and Exposed Value of Buildings in the 0.2% Annual Chance Flood Zone ..................... 11-16 Figure 11-7. Total Value in Flood Areas as Percent of Total Replacement Value, by Jurisdiction ................... 11-17 Figure 11-8. Structures in the 1% Annual Chance Flood Zone, by Jurisdiction and Occupancy Class ............. 11-17 Figure 11-9. Structures in the 0.2% Annual Chance Flood Zone, by Jurisdiction and Occupancy Class .......... 11-18 Figure 11-10. Critical Facilities in the 1-Percent Annual Chance Flood Zone, by Category and Jurisdiction .. 11-19 Figure 11-11. Critical Facilities in the 0.2-Percent Annual Chance Flood Zone, by Category and Jurisdiction 11-20 Figure 11-12. Estimated Number of Displaced Persons Due to Flood ............................................................... 11-21 Figure 11-13. Estimated Number of Persons Requiring Short-Term Shelter Due to Flood ............................... 11-21 Figure 11-14. Estimated Number of Buildings Impacted by Flood ................................................................... 11-22 Figure 11-15. Loss Estimates for Flood, Total Planning Area ........................................................................... 11-23 Figure 11-16. Loss Estimates for Flood, City of Dublin .................................................................................... 11-23 Figure 11-17. Loss Estimates for Flood, City of Livermore .............................................................................. 11-23 Figure 11-18. Loss Estimates for Flood, City of Pleasanton .............................................................................. 11-24 Figure 11-19. Estimated Flood-Caused Debris .................................................................................................. 11-24 Figure 11-20. Estimated Damage to Critical Facilities from 1% Annual Chance Flood ................................... 11-25 Figure 11-21. Estimated Damage to Critical Facilities from 0.2% Annual Chance Flood ................................ 11-25 Figure 12-1. Susceptibility to Deep-Seated Landslides ........................................................................................ 12-5 Figure 12-2. Population Exposed to Landslide Hazard and Total Population, by Jurisdiction ............................ 12-7 Figure 12-3. Total Planning Area Population Exposed to Landslide Hazard ....................................................... 12-7 Figure 12-4. Number and Exposed Value of Buildings in the Moderate Landslide Susceptibility Zone ............ 12-8 Figure 12-5. Number and Exposed Value of Buildings in the High Landslide Susceptibility Zone .................... 12-8 Figure 12-6. Number and Exposed Value of Buildings in the Very High Landslide Susceptibility Zone ........... 12-9 Figure 12-7. Total Value in Landslide Susceptibility Zones as % of Total Replacement Value, by City ........... 12-9 Figure 12-8. Structures in the Moderate Landslide Susceptibility Zone, by Jurisdiction and Occupancy Class 12-10 Figure 12-9. Structures in the High Landslide Susceptibility Zone, by Jurisdiction and Occupancy Class ...... 12-10
EXHIBIT A
94 Tri-Valley Local Hazard Mitigation Plan; Volume 1—Planning-Area-Wide Elements xii
Figure 12-10. Structures in Very High Landslide Susceptibility Zone, by Jurisdiction and Occupancy Class . 12-11 Figure 12-11. Critical Facilities in the High or Very High Landslide Susceptibility Zone ................................ 12-12 Figure 12-12. Loss Estimates for Landslide ....................................................................................................... 12-13 Figure 13-1. National Weather Service Heat Index.............................................................................................. 13-3 Figure 13-2. Space Weather Phenomena .............................................................................................................. 13-5 Figure 13-3. Annual Number of Heat Advisories in Alameda and Contra Costa Counties Since 2006 .............. 13-8 Figure 13-4. Wind Zones in the United States ..................................................................................................... 13-9 Figure 13-5. Loss Estimates for Severe Weather ............................................................................................... 13-11 Figure 14-1. Wildfire Hazard Severity Zones ...................................................................................................... 14-4 Figure 14-2. Population Exposed to Wildfire Hazard and Total Population, by Jurisdiction .............................. 14-6 Figure 14-3. Total Planning Area Population Exposed to Wildfire Hazard ......................................................... 14-6 Figure 14-4. Number and Exposed Value of Buildings in the Moderate FHSZ .................................................. 14-7 Figure 14-5. Number and Exposed Value of Buildings in the High FHSZ .......................................................... 14-7 Figure 14-6. Number and Exposed Value of Buildings in the Very High FHSZ ................................................. 14-8 Figure 14-7. Total Value in FHSZs as Percent of Total Replacement Value, by Jurisdiction ............................. 14-8 Figure 14-8. Structures in the Moderate FHSZ, by Jurisdiction and Occupancy Class ....................................... 14-9 Figure 14-9. Structures in the High FHSZ, by Jurisdiction and Occupancy Class ............................................... 14-9 Figure 14-10. Structures in the Very High FHSZ, by Jurisdiction and Occupancy Class .................................. 14-10 Figure 14-11. Critical Facilities in the High or Very High FHSZ ...................................................................... 14-11 Figure 14-12. Loss Estimates for Wildfire ......................................................................................................... 14-12 Figure 15-1. Global Carbon Dioxide Concentrations Over Time ........................................................................ 15-1 Figure 15-2. Observed and Projected Average Temperatures in Tri-Valley Planning Area ................................ 15-6 Figure 15-3. Projected Number of Extreme Heat Days by Year .......................................................................... 15-7 Figure 15-4. Projected Changes in Fire Risk, Relative to 2010 Levels ................................................................ 15-8 Figure 17-1. Example Pop-Up Message Indicating Ransomware Infection ........................................................ 17-7 Figure 17-2. Gas Transmission and Hazardous Liquid Pipelines Near the Planning Area ................................ 17-18 Figure 18-1. Probability Factors for Hazards of Concern .................................................................................... 18-2 Figure 18-2. Impact Factors for Hazards of Concern ........................................................................................... 18-3 Figure 18-3. Weighted Impact Factors for Hazards of Concern .......................................................................... 18-3 Figure 18-4. Total Risk Rating for Hazards of Concern ...................................................................................... 18-4 Figure 18-5. Hazard Risk Ranking ....................................................................................................................... 18-4
EXHIBIT A
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ACKNOWLEDGMENTS
Planning Team
• Susan Frost, Special Projects Coordinator, City of Livermore – Project Lead • Jake Potter, Associate Planner, City of Livermore
• Shweta Bonn, Senior Planner, City of Pleasanton
• Diego Mora, Assistant Planner, City of Pleasanton
• John Stefanski, Assistant to the City Manager, City of Dublin (until July 2023) • Aaron Johnson, GIS Analyst, Dublin San Ramon Services District
Consultants
• Rob Flaner, CFM, Tetra Tech, Inc., Project Manager
• Bart Spencer, CEM, Tetra Tech, Inc., Lead Project Planner • Carol Bauman, GISP, Tetra Tech, Inc., Risk Assessment Lead • Megan Brotherton, Tetra Tech, Inc., Planner
• Jake Poland, Tetra Tech, Inc., Planner
• Dan Portman, Tetra Tech, Inc., Technical Editor
Special Acknowledgments
The development of this plan would not have been possible without the dedication and commitment to this process by the Hazard Mitigation Plan Steering Committee. The dedication of the volunteer members of this committee to allocate their time to this process is greatly appreciated. Also, local citizens are commended for their participation in planning outreach activities. The success of the outreach effort will set the course for the successful implementation of this plan.
EXHIBIT A
96 Tri-Valley Local Hazard Mitigation Plan Definitions/Acronyms xiv
DEFINITIONS/ACRONYMS
ABAG—Association of Bay Area Governments
Acre-Foot—An acre-foot is the amount of water it takes to cover 1 acre to a depth of 1 foot. This measure is used to describe the quantity of storage in a water reservoir. An acre-foot is a unit of volume. One acre foot equals 7,758 barrels; 325,829 gallons; or 43,560 cubic feet. An average household of four will use approximately 1 acre-foot of water per year.
Asset—An asset is any man-made or natural feature that
has value, including people; buildings; infrastructure, such as bridges, roads, sewers, and water systems; lifelines, such as electricity and communication resources; and
environmental, cultural, or recreational features such as parks, wetlands, and landmarks.
Bank Erosion—Bank erosion refers to the erosion,
sloughing or undercutting of a river, stream or drain. It is natural for streams to meander through erosion
processes. Generally, bank erosion is a problem where
development has limited meandering, where streams have
been channelized, or where stream bank structures
(bridges, culverts, etc.) are in places where they can
cause damage to downstream areas. Stabilizing these
areas can help protect watercourses from sedimentation, prevent damage to adjacent lands, control unwanted
meander, and improve fish and wildlife habitat.
Base Flood—The flood having a 1% chance of being
equaled or exceeded in any given year, also known as the “100-year” or “1% chance” flood. The base flood is a
statistical concept used to ensure that all properties
subject to the National Flood Insurance Program (NFIP)
are protected to the same degree against flooding.
Basin—A basin is the area within which all surface
water—whether from rainfall, snowmelt, springs, or other sources—flows to a single water body or watercourse. The boundary of a river basin is defined by natural topography, such as hills, mountains, and ridges. Basins are also
referred to as “watersheds” and “drainage basins.”
Benefit/Cost Analysis—A benefit/cost analysis is a
systematic, quantitative method of comparing projected
benefits to projected costs of a project or policy. It is used as a measure of cost effectiveness.
Benefit—A benefit is a net project outcome and is usually defined in monetary terms. Benefits may include direct
and indirect effects. For the purposes of benefit-cost
analysis of proposed mitigation measures, benefits are
limited to specific, measurable, risk reduction factors, including reduction in expected property losses (buildings, contents, and functions) and protection of human life.
Building—A building is defined as a structure that is
walled and roofed, principally aboveground, and
permanently fixed to a site. The term includes
manufactured homes on permanent foundations on which
the wheels and axles carry no weight.
Capability Assessment—A capability assessment
provides a description and analysis of a community’s
current capacity to address threats associated with
hazards. The assessment includes two components: an
inventory of an agency’s mission, programs, and policies, and an analysis of its capacity to carry them out. A
capability assessment is an integral part of the planning process in which a community’s actions to reduce losses are identified, reviewed, and analyzed, and the framework for implementation is identified.
CCR—California Code of Regulations
CDBG-DR—Community Development Block Grant
Disaster Recovery
CEQA—California Environmental Quality Act
CFR—Code of Federal Regulations
Community Lifeline—The services, capabilities, and
physical assets that are used day-to-day to support a
community’s ongoing needs. When stabilized and working
properly, community lifelines enable all other aspects of society to function
Community Rating System (CRS)—The CRS is a
voluntary program under the NFIP that rewards
participating communities (provides incentives) for
exceeding the minimum requirements of the NFIP and
completing activities that reduce flood hazard risk by
providing flood insurance premium discounts.
Critical Facility—Facilities and infrastructure that are critical to the health and welfare of the population. For this plan, critical facilities are all physical assets identified as community lifelines
CRS—Community Rating System
Dam Failure—Dam failure refers to a partial or complete breach in a dam (or levee) that impacts its integrity. Dam failures occur for a number of reasons, such as flash
flooding, inadequate spillway size, mechanical failure of valves or other equipment, freezing and thawing cycles, earthquakes, and intentional destruction.
Dam—Any artificial barrier or controlling mechanism that can or does impound 10 acre-feet or more of water.
Debris Flow—Dense mixtures of water-saturated debris
that move down-valley; looking and behaving much like
flowing concrete. They form when loose masses of
unconsolidated material are saturated, become unstable, and move down slope. The source of water varies but
includes rainfall, melting snow or ice, and glacial outburst floods.
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DFIRM—Digital Flood Insurance Rate Maps
Disaster Mitigation Act of 2000 (DMA); The DMA is
Public Law 106-390 and is the latest federal legislation enacted to encourage and promote proactive, pre-disaster planning as a condition of receiving financial assistance under the Robert T. Stafford Act. The DMA emphasizes
planning for disasters before they occur. Under the DMA, a pre-disaster hazard mitigation program and new
requirements for the national post-disaster hazard
mitigation grant program were established.
DMA—Disaster Mitigation Act
Drainage Basin—A basin is the area within which all
surface water- whether from rainfall, snowmelt, springs or other sources- flows to a single water body or
watercourse. The boundary of a river basin is defined by natural topography, such as hills, mountains and ridges.
Drainage basins are also referred to as watersheds or
basins.
Drought—Drought is a period of time without substantial rainfall or snowfall from one year to the next. Drought can also be defined as the cumulative impacts of several dry years or a deficiency of precipitation over an extended period of time, which in turn results in water shortages for some activity, group, or environmental function. A
hydrological drought is caused by deficiencies in surface and subsurface water supplies. A socioeconomic drought
impacts the health, well-being, and quality of life or starts to have an adverse impact on a region. Drought is a
normal, recurrent feature of climate and occurs almost
everywhere.
DWR—Department of Water Resources
Earthquake—An earthquake is defined as a sudden slip
on a fault, volcanic or magmatic activity, and sudden
stress changes in the earth that result in ground shaking and radiated seismic energy. Earthquakes can last from a few seconds to over 5 minutes and have been known to
occur as a series of tremors over a period of several days.
The actual movement of the ground in an earthquake is
seldom the direct cause of injury or death. Casualties may result from falling objects and debris as shocks shake, damage, or demolish buildings and other structures.
EPA—U.S. Environmental Protection Agency
ESA—Endangered Species Act
Exposure—Exposure is defined as the number and dollar
value of assets considered to be at risk during the
occurrence of a specific hazard.
Extent—The range of anticipated intensities of a hazard, usually expressed using a scientific scale.
FEMA—Federal Emergency Management Agency
FERC—Federal Energy Regulatory Commission
Fire Behavior—Fire behavior refers to the physical
characteristics of a fire and is a function of the interaction between the fuel characteristics (such as type of
vegetation and structures that could burn), topography, and weather. Variables that affect fire behavior include the rate of spread, intensity, fuel consumption, and fire type (such as underbrush versus crown fire).
Fire Frequency—Fire frequency is the broad measure of
the rate of fire occurrence in a particular area. An estimate of the areas most likely to burn is based on past fire
history or fire rotation in the area, fuel conditions, weather, ignition sources (such as human or lightning), fire
suppression response, and other factors.
FIRM—Flood Insurance Rate Map
FIS—Flood Insurance Study
Flash Flood—A flash flood occurs with little or no warning when water levels rise at an extremely fast rate
Flood Insurance Rate Map (FIRM)—FIRMs are the
official maps on which the Federal Emergency
Management Agency (FEMA) has delineated the Special
Flood Hazard Area (SFHA).
Flood Insurance Study—A report published by the
Federal Insurance and Mitigation Administration for a
community in conjunction with the community’s Flood
Insurance Rate Map. The study contains such background
data as the base flood discharges and water surface
elevations that were used to prepare the FIRM. In most
cases, a community FIRM with detailed mapping will have a corresponding flood insurance study.
Floodplain—Any land area susceptible to being
inundated by flood waters from any source. A flood
insurance rate map identifies most, but not necessarily all, of a community’s floodplain as the Special Flood Hazard Area (SFHA).
Floodway—Floodways are areas within a floodplain that
are reserved for the purpose of conveying flood discharge without increasing the base flood elevation more than 1 foot. Generally speaking, no development is allowed in
floodways, as any structures located there would block the flow of floodwaters.
FRA—Federal Responsibility Area
Freeboard—Freeboard is the margin of safety added to
the base flood elevation.
Frequency—For the purposes of this plan, frequency
refers to how often a hazard of specific magnitude,
duration, and/or extent is expected to occur on average.
Statistically, a hazard with a 100-year frequency is
expected to occur about once every 100 years on average and has a 1 percent chance of occurring any given year.
Frequency reliability varies depending on the type of
hazard considered.
Geographic Information System (GIS)—GIS is a
computer software application that relates data regarding physical and other features on the earth to a database for mapping and analysis.
GIS—Geographic Information System
Goal—A goal is a general guideline that explains what is to be achieved. Goals are usually broad-based, long-term,
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policy-type statements and represent global visions. Goals help define the benefits that a plan is trying to achieve.
The success of a hazard mitigation plan is measured by
the degree to which its goals have been met (that is, by the actual benefits in terms of actual hazard mitigation).
Hazard—A hazard is a source of potential danger or
adverse condition that could harm people and/or cause
property damage.
Hazards U.S. Multi-Hazard Loss Estimation Program
(Hazus)—Hazus is a GIS-based program used to support
the development of risk assessments as required under
the DMA. The Hazus software program assesses risk in a
quantitative manner to estimate damage and losses
associated with natural hazards. Hazus is FEMA’s
nationally applicable, standardized methodology and
software program and contains modules for estimating
potential losses from earthquakes, floods, and wind
hazards. Hazus has also been used to assess vulnerability (exposure) for other hazards.
Hazus—Hazards, United States
Hydraulics—Hydraulics is the branch of science or
engineering that addresses fluids (especially water) in motion in rivers or canals, works and machinery for
conducting or raising water, the use of water as a prime mover, and other fluid-related areas.
Hydrology—Hydrology is the analysis of waters of the
earth. For example, a flood discharge estimate is
developed by conducting a hydrologic study.
Intensity—For the purposes of this plan, intensity refers to the measure of the effects of a hazard.
Inventory—The assets identified in a study region
comprise an inventory. Inventories include assets that
could be lost when a disaster occurs and community
resources are at risk. Assets include people, buildings, transportation, and other valued community resources.
Landslide—Landslides can be described as the sliding
movement of masses of loosened rock and soil down a
hillside or slope. Fundamentally, slope failures occur when the strength of the soils forming the slope exceeds the pressure, such as weight or saturation, acting upon them.
Lightning—Lightning is an electrical discharge resulting from the buildup of positive and negative charges within a thunderstorm. When the buildup becomes strong enough,
lightning appears as a “bolt,” usually within or between clouds and the ground. A bolt of lightning instantaneously reaches temperatures approaching 50,000ºF. The rapid
heating and cooling of air near lightning causes thunder.
Lightning is a major threat during thunderstorms.
Liquefaction—Liquefaction is the complete failure of
soils, occurring when soils lose shear strength and flow horizontally. It is most likely to occur in fine grain sands and silts, which behave like viscous fluids when
liquefaction occurs. This situation is extremely hazardous to development on the soils that liquefy, and generally results in extreme property damage and threats to life and safety.
Local Government—Any county, municipality, city, town,
township, public authority, school district, special district, intrastate district, council of governments (regardless of whether the council of governments is incorporated as a nonprofit corporation under State law), regional or
interstate government entity, or agency or instrumentality of a local government; any Indian tribe or authorized tribal organization, or Alaska Native village or organization; and any rural community, unincorporated town or village, or other public entity.
LRA—Local Responsibility Area
Magnitude—Magnitude is the measure of the strength of
an earthquake and is typically measured by the Richter
scale. As an estimate of energy, each whole number step in the magnitude scale corresponds to the release of
about 31 times more energy than the amount associated
with the preceding whole number value.
Mass movement—A collective term for landslides, debris
flows, sinkholes and lahars.
Mean Return Period—This term refers to the average
period of time in years between occurrences of a particular hazard (equal to the inverse of the annual frequency of occurrence).
Mitigation Action—Mitigation actions are specific actions to achieve goals and objectives that minimize the effects from a disaster and reduce the loss of life and property.
Mitigation—A preventive action that can be taken in
advance of an event that will reduce or eliminate the risk to life or property.
NEHRP—National Earthquake Hazards Reduction
Program
NFIP—National Flood Insurance Program
NIMS—National Incident Management System
NOAA—National Oceanic and Atmospheric Administration
NWS—National Weather Service
Objective—For the purposes of this plan, an objective is defined as a short-term aim that, when combined with
other objectives, forms a strategy or course of action to meet a goal. Unlike goals, objectives are specific and
measurable.
OES—Office of Emergency Services
Peak Ground Acceleration—Peak Ground Acceleration
(PGA) is a measure of the highest amplitude of ground
shaking that accompanies an earthquake, based on a
percentage of the force of gravity.
PGA—Peak Ground Acceleration
PHMSA—Pipeline and Hazardous Materials Safety
Administration
Preparedness—Preparedness refers to actions that
strengthen the capability of government, citizens, and
communities to respond to disasters.
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Presidential Disaster Declaration—These declarations
are typically made for events that cause more damage
than state and local governments and resources can
handle without federal government assistance. Generally, no specific dollar loss threshold has been established for such declarations. A Presidential Disaster Declaration puts into motion long-term federal recovery programs, some of which are matched by state programs, designed to help
disaster victims, businesses, and public entities.
Probability of Occurrence—The probability of
occurrence is a statistical measure or estimate of the
likelihood that a hazard will occur. This probability is generally based on past hazard events in the area and a forecast of events that could occur in the future. A
probability factor based on yearly values of occurrence is used to estimate probability of occurrence.
Repetitive Loss Property—Any NFIP-insured property
that, since 1978 and regardless of any changes of
ownership during that period, has experienced: Four or
more paid flood losses in excess of $1000.00; or two paid flood losses in excess of $1000.00 within any 10-year
period since 197;8 or three or more paid losses that equal or exceed the current value of the insured property.
Risk Assessment—Risk assessment is the process of
measuring potential loss of life, personal injury, economic injury, and property damage resulting from hazards. This process assesses the vulnerability of people, buildings, and infrastructure to hazards and focuses on (1) hazard identification; (2) impacts of hazards on physical, social, and economic assets; (3) vulnerability identification; and (4) estimates of the cost of damage or costs that could be avoided through mitigation.
Risk Ranking—This ranking serves two purposes, first to describe the probability that a hazard will occur, and
second to describe the impact a hazard will have on
people, property, and the economy. Risk estimates are
based on the methodology used to prepare the risk
assessment for this plan.
Risk—Risk is the estimated impact that a hazard would
have on people, services, facilities, and structures in a community. Risk measures the likelihood of a hazard
occurring and resulting in an adverse condition that
causes injury or damage. Risk is often expressed in
relative terms such as a high, moderate, or low likelihood of sustaining damage above a particular threshold due to occurrence of a specific type of hazard. Risk also can be expressed in terms of potential monetary losses
associated with the intensity of the hazard.
Riverine—Of or produced by a river. Riverine floodplains have readily identifiable channels. Floodway maps can
only be prepared for riverine floodplains.
Robert T. Stafford Act—The Robert T. Stafford Disaster
Relief and Emergency Assistance Act (Public
Law 100-107) was signed into law on November 23, 1988.
This law amended the Disaster Relief Act of 1974 (Public Law 93-288). The Stafford Act is the statutory authority for most federal disaster response activities, especially as they pertain to FEMA and its programs.
SEMS—Standardized Emergency Management System
SFHA—Special Flood Hazard Area
Special Flood Hazard Area—The base floodplain
delineated on a Flood Insurance Rate Map. The SFHA is
mapped as a Zone A in riverine situations and zone V in coastal situations. The SFHA may or may not encompass
all of a community’s flood problems
SRA—State Responsibility Area
Stakeholder—Business leaders, civic groups, academia,
non-profit organizations, major employers, managers of
critical facilities, farmers, developers, special purpose districts, and others whose actions could impact hazard mitigation.
Steep Slope—Different communities and agencies define
it differently, depending on what it is being applied to, but generally a steep slope is a slope in which the percent slope equals or exceeds 25%. For this study, steep slope is defined as slopes greater than 33 percent.
Thunderstorm—A thunderstorm is a storm with lightning
and thunder produced by cumulonimbus clouds.
Thunderstorms usually produce gusty winds, heavy rains, and sometimes hail. Thunderstorms are usually short in
duration (seldom more than 2 hours). Heavy rains
associated with thunderstorms can lead to flash flooding during the wet or dry seasons.
Tornado—A tornado is a violently rotating column of air extending between and in contact with a cloud and the
surface of the earth. Tornadoes are often (but not always) visible as funnel clouds. On a local scale, tornadoes are the most intense of all atmospheric circulations, and winds can reach destructive speeds of more than 300 mph. A
tornado’s vortex is typically a few hundred meters in
diameter, and damage paths can be up to 1 mile wide and 50 miles long.
USGS—U.S. Geological Survey
Vulnerability—Vulnerability describes how exposed or
susceptible an asset is to damage. Vulnerability depends on an asset’s construction, contents, and the economic
value of its functions. Like indirect damage, the
vulnerability of one element of the community is often
related to the vulnerability of another. For example, many businesses depend on uninterrupted electrical power.
Flooding of an electric substation would affect not only the substation itself but businesses as well. Often, indirect effects can be much more widespread and damaging than
direct effects.
Watershed—A watershed is an area that drains
downgradient from areas of higher land to areas of lower land to the lowest point, a common drainage basin.
Wildfire—These terms refer to any uncontrolled fire
occurring on undeveloped land that requires fire
suppression. The potential for wildfire is influenced by three factors: the presence of fuel, topography, and air
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mass. Fuel can include living and dead vegetation on the ground, along the surface as brush and small trees, and in the air such as tree canopies. Topography includes both slope and elevation. Air mass includes temperature,
relative humidity, wind speed and direction, cloud cover, precipitation amount, duration, and the stability of the atmosphere at the time of the fire. Wildfires can be ignited by lightning and, most frequently, by human activity
including smoking, campfires, equipment use, and arson.
Windstorm—Windstorms are generally short-duration
events involving straight-line winds or gusts exceeding 50 mph. These gusts can produce winds of sufficient strength to cause property damage. Windstorms are especially
dangerous in areas with significant tree stands, exposed property, poorly constructed buildings, mobile homes
(manufactured housing units), major infrastructure, and aboveground utility lines. A windstorm can topple trees and power lines; cause damage to residential,
commercial, critical facilities; and leave tons of debris in its wake.
Zoning Ordinance—The zoning ordinance designates
allowable land use and intensities for a local jurisdiction.
Zoning ordinances consist of two components: a zoning
text and a zoning map.
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EXECUTIVE SUMMARY
HAZARD MITIGATION OVERVIEW
Hazard mitigation is the use of policies, programs, projects, and other activities to alleviate the death, injury, and property damage that can result from a disaster. The Cities of Dublin, Livermore, and Pleasanton, along with the Dublin San Ramon Services District (the Tri-Valley Planning Partnership), have collaborated to develop a hazard mitigation plan to reduce risks from natural disasters that complies with federal requirements for hazard mitigation planning.
In 2010, the Tri-Valley planning partners used hazard mitigation planning tools created by the Association of Bay Area Governments (ABAG) to meet their federal hazard mitigation planning requirements. In 2017, the Tri- Valley Planning Partnership formed to prepare an updated multi-jurisdiction hazard mitigation plan that best suits local needs and capabilities. The planning partners developed a new plan from scratch, using lessons learned from the earlier ABAG planning efforts. The resulting 2018 plan was an update for each member of the Tri-Valley Planning Partnership.
Federal regulations require periodic updates of hazard mitigation plans. A jurisdiction covered by a plan that has expired is ineligible for certain federal natural disaster assistance funding. The 2023 Tri-Valley Local Hazard Mitigation Plan meets the federal update requirements while keeping the participating jurisdictions prepared to address their hazard mitigation needs in response to always changing local conditions.
PLAN DEVELOPMENT APPROACH
Organize, Review and Engage the Public
A planning team assembled for the plan update conducted outreach to invite the participation of local planning partners. A 15-member steering committee was assembled to oversee the plan update, consisting of staff from each of the planning partners, citizens, and other stakeholders in the defined planning area. Coordination with other county, state, and federal agencies involved in hazard mitigation occurred throughout the plan update process.
The planning team implemented a public involvement strategy developed by the Steering Committee. The strategy included public meetings to present the risk assessment and the draft plan, a hazard mitigation survey, a project website, and multiple media releases. The planning team and Steering Committee also reviewed the existing hazard mitigation plan, the California statewide hazard mitigation plan, and existing programs that may support hazard mitigation actions.
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Assemble, Adopt and Maintain the Plan
The planning team and Steering Committee assembled a document to meet federal hazard mitigation planning requirements. A mitigation plan review crosswalk included in the hazard mitigation plan demonstrates its compliance with all requirements. The planning partners formally adopted the plan once the State of California Governor’s Office of Emergency Services and FEMA Region 9 granted pre-adoption approval.
The plan includes a schedule for monitoring and evaluating plan progress periodically and producing a revised plan every five years. This maintenance strategy also includes processes for continuing public involvement and integrating with other programs that can support or enhance hazard mitigation.
RISK ASSESSMENT
Risk assessment is the process of measuring the potential loss of life resulting from natural hazards, as well as personal injury, economic injury and property damage. It is used to define the vulnerability of people, buildings, and infrastructure to natural hazards. For this update, risk assessment models were enhanced with new data and technologies. The Steering Committee used the risk assessment to rank risk and to gauge the potential impacts of each hazard of concern in the Tri-Valley planning area. Specific hazard risk rankings for each planning partner are detailed in Volume 2. The risk assessment included the following:
Hazard identification and profiling
Assessment of the impact of hazards on physical, social, and economic assets Identification of particular areas of vulnerability
Estimates of the cost of potential damage.
Based on the risk assessment, hazards were ranked for the risk they pose to the overall planning area, as shown in Figure ES-1.
Figure ES-1. Planning-Area-Wide Hazard Risk Rating
Earthquake
36 Flood
18 Landslide
18 Severe Weather
33 Dam Failure
12 Drought
9 Wildfire
12 0
1 2
3 4
012345678
Values shown are risk rating. Larger circles indicate higher rating.
Highest
Risk
Medium
Risk
Lowest
Risk
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Each planning partner also ranked hazards for its own area. Figure ES-2 summarizes all jurisdictions’ numerical ratings of high, medium and low. The results indicate the following general patterns:
• The earthquake hazard was most commonly ranked as high. • The severe weather, wildfire and landslide hazards were most commonly ranked as medium. • The dam failure, flood and drought hazards were most commonly ranked as low.
Figure ES-2. Summary of Risk Rating for Individual Planning Partners
MISSION STATEMENT, GOALS AND OBJECTIVES
The Steering Committee developed the following mission statement for the 2023 planning effort:
Through community partnerships, establish a plan to reduce the vulnerability to hazards in order to protect the health, safety, welfare, environment and economy of the planning area.
The Steering Committee established the following goals for the plan update:
1. Ensure that hazards are identified and considered in land use decisions.
2. Improve local emergency management capability.
3. Promote community awareness, understanding, and interest in hazard mitigation policies and programs.
4. Incorporate hazard mitigation as an integrated public policy and standard practice.
5. Reduce community exposure and vulnerability to hazards where the greatest risk exists.
6. Increase resilience of infrastructure and critical facilities.
7. Promote an adaptive and resilient planning area that responds proactively to future conditions.
8. Develop and implement mitigation strategies that identify the best alternative to protect natural resources, promote equity, and use public funds in an efficient and cost-effective manner. 0 0
4 0 0 0
11 0 0 0
3 4
0 3
4 0
4 1
0 3
0 0.5
1 1.5
2 2.5
3 3.5
4 4.5
5 Dam Failure Drought Earthquake Flood Landslide Severe Weather Wildfire Number of Parters Assigning This Rating to This
Hazard
Highest Risk
Medium Risk
Lowest Risk
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9. Prioritize and direct resources to increase disaster resiliency among historically underserved populations, individuals with access and functional needs, and in communities disproportionately impacted by disasters.
Each selected objective meets multiple goals, serving as a stand-alone measurement of the effectiveness of a mitigation action, rather than as a subset of a goal. The objectives also are used to help establish priorities. The objectives are as follows:
1. Develop and provide updated information to improve the understanding of the locations, potential impacts, and linkages among threats, hazards, vulnerability, and measures needed to protect life safety health, property and the environment.
2. Use local general plan, zoning, and subdivision requirements to help establish resilient and sustainable communities.
3. Increase public participation in systems that provide warning and emergency communications.
4. Encourage the retrofit of vulnerable structures in the planning area.
5. Consider programs that incentivize risk reduction.
6. Reduce repetitive property losses due to hazards by updating land use, design, and construction policies.
7. Continually build linkages and promote dialog about emergency management within the public and private sectors.
8. Incorporate risk reduction considerations in new and updated infrastructure and development plans to reduce the impacts of hazards.
9. Inform the public, including underrepresented and marginalized community groups, on the risk of exposure to hazards and ways to increase the public’s capability to prepare for, respond to, recover from, and mitigate the impacts of these events.
10. Identify projects that simultaneously reduce risk while increasing planning area resilience and sustainability.
11. Where feasible and cost-effective, research, develop, and promote adoption of building and development laws, regulations, and ordinances exceeding the minimum levels needed for life safety.
12. Encourage hazard mitigation measures that promote and enhance natural processes, minimize adverse impacts on the ecosystem, and promote social equity.
MITIGATION ACTION PLAN
The planning partnership selected a range of mitigation actions to work toward achieving the goals set forth in this plan update. The recommended mitigation actions are activities designed to reduce or eliminate losses resulting from natural hazards. The update process resulted in the identification of 60 mitigation actions for implementation by individual planning partners, as presented in Volume 2 of the hazard mitigation plan.
IMPLEMENTATION
The Steering Committee developed a plan implementation and maintenance strategy that includes mid-term progress reporting, a strategy for continued public involvement, a commitment to plan integration with other relevant plans and programs, and a recommitment from the planning partners to actively maintain the plan over the five-year performance period.
Full implementation of the recommendations of this plan will require time and resources. The measure of the plan’s success will be its ability to adapt to changing conditions. The Tri-Valley Planning Partnership will assume
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responsibility for adopting the recommendations of this plan and committing resources toward implementation.
The framework established by this plan commits all planning partners to pursue actions when the benefits of a project exceed its costs. The planning partnership developed this plan with extensive public input, and public support of the actions identified in this plan will help ensure the plan’s success.
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PART 1—PLANNING PROCESS AND
COMMUNITY PROFILE
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1. INTRODUCTION TO HAZARD MITIGATION PLANNING
1.1 WHY PREPARE THIS PLAN?
1.1.1 Federal Guidance
Hazard mitigation is defined as any action taken to reduce or alleviate the loss of life, personal injury, and property damage that can result from a disaster. It involves long- and short-term actions implemented before, during and after disasters. Hazard mitigation activities include planning efforts, policy changes, programs, studies, improvement projects, and other steps to reduce the impacts of hazards.
The federal Disaster Mitigation Act (DMA) emphasizes planning for disasters before they occur. The DMA requires state and local governments to develop hazard mitigation plans as a condition for federal disaster grant assistance. Regulations developed to fulfill the DMA’s requirements are included in Title 44 of the Code of Federal Regulations (44 CFR). The long-term benefits of hazard mitigation planning include the following:
• An increased understanding of hazards in the local community • A more sustainable and disaster-resistant community
• Financial savings through partnerships that support planning and mitigation efforts • Focused use of limited resources on hazards that have the biggest impact on the communities • Reduced long-term impacts and damage to human health and structures, and reduced repair costs.
The responsibility for hazard mitigation lies with not only with local, state, and federal governments, but also with private property owners and commercial and institutional interests. The DMA encourages cooperation among state and local authorities in pre-disaster planning. The enhanced planning network called for by the DMA helps local governments to articulate accurate needs for mitigation, resulting in faster allocation of funding and more cost-effective risk-reduction projects.
The DMA also promotes sustainability in hazard mitigation. To be sustainable, hazard mitigation needs to incorporate sound management of natural resources and address hazards and mitigation in the largest possible social and economic context.
1.1.2 Local Concerns
In response to the requirements of the DMA, the cities of Dublin, Livermore and Pleasanton, California and the Dublin San Ramon Services District (DSRSD) have developed this multi-jurisdiction hazard mitigation plan. The three cities make up the incorporated area of the Alameda County portion of the Tri-Valley region, on the east side of the San Francisco Bay area. This multi-jurisdiction plan represents an update to each city’s component of
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the 2018 Tri-Valley Local Hazard Mitigation Plan. The three cities and the DSRSD prepared annexes for that previous hazard mitigation plan that were approved and adopted in 2018.
This 2023 Tri-Valley Local Hazard Mitigation Plan fulfills the five-year plan update requirement for these planning partners. It identifies resources, information, and strategies for reducing risk from natural hazards in the Tri-Valley planning area. Components of the hazard mitigation plan were selected because they meet a program requirement and because they best meet the needs of the planning partners (the cities and participating special district) and their citizens. One benefit of multi-jurisdictional planning is the ability to pool resources and eliminate redundant activities within a planning area that has uniform risk exposure and vulnerabilities. The Federal Emergency Management Agency (FEMA) encourages multi-jurisdictional planning under its guidance for the DMA.
The plan will help guide and coordinate mitigation activities throughout the planning area. It was developed to meet the following objectives:
• Meet or exceed requirements of the DMA.
• Enable all planning partners to continue using federal grant funding to reduce risk through mitigation. • Meet the needs of each planning partner as well as state and federal requirements. • Create a risk assessment that focuses on local hazards of concern. • Meet the planning requirements of the Federal Emergency Management Agency’s (FEMA’s) Community Rating System (CRS), allowing planning partners that participate in the CRS program to maintain or enhance their CRS classifications.
• Coordinate existing plans and programs so that high-priority projects to mitigate possible disaster impacts are funded and implemented.
1.2 WHO WILL BENEFIT FROM THIS PLAN?
All residents and businesses of the planning area are the ultimate beneficiaries of this hazard mitigation plan. The hazard mitigation plan reduces risk for those who live in, work in, and visit the planning area. It provides a viable planning framework for all foreseeable natural hazards. Participation in development of the hazard mitigation plan by key stakeholders helped ensure that outcomes will be mutually beneficial. The resources and background information in the plan are applicable across the planning area, and the plan’s goals and recommendations can lay groundwork for the development and implementation of local mitigation activities and partnerships.
1.3 CONTENTS OF THIS PLAN
This plan has been set up in two volumes so that jurisdiction-specific elements may be easily distinguished from those that apply to the whole planning area:
• Volume 1—Volume 1 includes all federally required elements of a disaster mitigation plan that apply to the entire planning area. This includes the description of the planning process, public involvement strategy, goals and objectives, planning area hazard risk assessment, and a plan maintenance strategy. • Volume 2—Volume 2 includes all federally required jurisdiction-specific elements in annexes for each participating jurisdiction. It includes a description of the participation requirements established by the
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Steering Committee, as well as instructions and templates that the partners used to complete their annexes.
Both volumes include elements required under federal guidelines. DMA compliance requirements are cited at the beginning of subsections as appropriate to demonstrate compliance. Appendices provided at the end of Volume 1 include information or explanations to support the main content of the plan (see table of contents for list of appendices).
All planning partners will adopt Volume 1 in its entirety, including the appendices, and at least the following parts of Volume 2: Part 1, and each partner’s jurisdiction-specific annex.
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2. PLAN UPDATE—WHAT HAS CHANGED
2.1 PREVIOUS PLANS
2.1.1 ABAG Planning Efforts
In 2004, ABAG led a regional effort to address hazard mitigation planning for jurisdictions in the San Francisco Bay Area. The ABAG process equipped local governments with a template and tools to complete individual planning processes for their jurisdictions, while pooling resources and eliminating redundant planning efforts.
Alameda County’s first annex to the ABAG hazard mitigation plan was developed and adopted in 2007. In 2010, ABAG conducted its second regional planning effort. Dublin, Livermore and Pleasanton participated in the 2010 planning process, along with Alameda County, other cities, and the Alameda County Water District including the Zone 7 Water Agency; these jurisdictions used the ABAG tools to achieve DMA compliance.
The single-jurisdiction annexes in the 2010 hazard mitigation plan, developed using the ABAG template and tools, contained the following components:
• Introduction
• Description of the local planning process
• Hazards and risk assessment
• Summary of the National Flood Insurance Program and repetitive loss properties • Mitigation goals, activities and priorities
• Regional mitigation strategies
• Incorporation of the plan into existing planning mechanisms • Description of the plan update process
• Exhibits to illustrate the planning process.
The Dublin Unified School District and the Livermore Valley Joint Unified School District did not participate in a ABAG hazard mitigation planning.
2.1.2 2018 Tri-Valley Hazard Mitigation Plan
In 2015, ABAG again provided tools for counties and cities in the Bay Area to revise their previous plans and annexes but decided not to revise the regional 2010 ABAG hazard mitigation plan. As a result, multiple counties and cities that participated in the previous ABAG hazard mitigation plan needed to undertake a planning process independently, or as part of a new partnership, in order to remain eligible for federal hazard mitigation assistance.
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Alameda County set out to develop a stand-alone plan focusing on unincorporated areas; Dublin, Livermore, Pleasanton, and the DSRSD pooled resources to develop the 2018 multi-jurisdictional hazard mitigation plan. The following factors were the basis for the Tri-Valley hazard mitigation planning effort:
• The planning area has significant exposure to numerous natural hazards. • Limited local resources make it difficult to be pre-emptive in risk reduction actions. Being able to leverage federal financial assistance was paramount to successful hazard mitigation in the area. • The planning partners wanted to be proactive in preparedness for the probable impacts of natural hazards.
Based on its assessment of the identified natural hazards, the 2018 plan included 73 mitigation actions for implementation by individual planning partners that addressed the following seven hazards of concern:
• Dam failure
• Drought
• Earthquake
• Flood
• Landslide
• Severe weather
• Wildfire
2.2 WHY UPDATE?
2.2.1 Federal Eligibility
Title 44 of the Code of Federal Regulations (44 CFR) stipulates that hazard mitigation plans must present a schedule for monitoring, evaluating, and updating the plan. This provides an opportunity to reevaluate recommendations, monitor the impacts of actions that have been accomplished, and determine if there is a need to change the focus of mitigation strategies. The Robert T. Stafford Act requires that jurisdictions have current hazard mitigation plans to pursue and receive federal funding.
2.2.2 Changes in Development
Hazard mitigation plan updates must be revised to reflect changes in development in the planning area since the previous plan was completed (44 CFR Section 201.6(d)(3)). The plan must describe changes in development in hazard-prone areas that increased or decreased vulnerability for each jurisdiction since the last plan was approved.
If no changes in development impacted the jurisdiction’s overall vulnerability, plan updates may validate the information in the previously approved plan. The intent of this requirement is to ensure that the mitigation strategy continues to address the risk and vulnerability of existing and potential development and takes into consideration possible future conditions that could impact vulnerability.
The planning area experienced an 18.1 percent increase in population from 2000 to 2010, an average growth of
1.81 percent per year. Between 2010 and 2020, the California Department of Finance estimates that the total populations of Dublin, Livermore and Pleasanton grew an additional 22.48 percent, to 241,646 (California Department of Finance 2023). Since DSRSD services Dublin, San Ramon, and surrounding areas, its population
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would have increased proportionally with that of the number of connections (water and wastewater). DSRSD made the necessary adjustments in delivery, service, and procedures to accommodate these increases and changes.
The City of San Ramon’s hazard profile is covered by the Contra Costa County Hazard Mitigation Plan (Contra Costa County 2018).
This plan update assumes that some new development triggered by the increase in population occurred in hazard areas. Because all such new development would have been regulated pursuant to local programs and codes, it is assumed that vulnerability did not increase, even if exposure did. Participating planning partners have adopted general plans, strategic plans, and emergency plans that govern land-use decisions and policymaking, as well as building codes and specialty ordinances based on state and federal mandates. A detailed analysis of development patterns in the planning area is provided in Section 4.4 and in the individual partner annexes in Volume 2.
2.2.3 Community Priorities
As noted in the annexes for each jurisdiction participating in this hazard mitigation plan (provided in Volume 2 of this plan), community priorities were reviewed for each jurisdiction to determine whether any had changed in a way that called for revisions to the hazard mitigation plan. No significant changes in community priorities were identified from the 2018 Hazard Mitigation Plan.
2.3 THE UPDATED PLAN—WHAT IS DIFFERENT?
The updated plan differs from the initial plan in a variety of ways. Table 2-1 indicates the major changes between the two plans as they relate to 44 CFR planning requirements.
Table 2-1. Plan Changes Crosswalk
44 CFR Requirement 2018 Plan Updated Plan (2023)
PLANNING PROCESS
§201.6(b): In order to develop a more
comprehensive approach to reducing the
effects of natural disasters, the planning
process shall include:
• 1. An opportunity for the public to comment
on the plan during the drafting stage and
prior to plan approval;
• 2. An opportunity for neighboring
communities, local and regional agencies
involved in hazard mitigation activities, and
agencies that have the authority to regulate
development, as well as businesses,
academia and other private and non-profit
interests to be involved in the planning
process; and
• 3. Review and incorporation, if appropriate,
of existing plans, studies, reports, and
technical information.
The planning process was overseen by a
planning team of staff from participating
jurisdictions and the planning consultant, and a
steering committee with representatives from
stakeholder organizations in or near the
planning area. The planning team maintained
contact with other stakeholder agencies to
apprise them of ongoing planning activities.
The planning team and steering committee
reviewed relevant documents and developed
and implemented a strategy for public
involvement. The strategy included a survey,
attendance at public events, a website, and a
public comment period for review of a draft
version of the plan.
Volume 1 Chapter 3 described the planning
process for the 2018 plan. Jurisdiction-specific
annexes in Volume 2 list each planning
partner’s specific planning resources that were
reviewed as part of the planning process.
The planning process was little changed
from that used for the 2018 plan. In-
person attendance at public events was
reduced, but a stronger internet
presence was established using social
media and a StoryMap website.
Volume 1 Chapter 3 describes the
overall planning process for the 2023
plan.
Jurisdiction-specific annexes in
Volume 2 list each planning partner’s
specific public outreach activities
undertaken as part of the planning
process.
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44 CFR Requirement 2018 Plan Updated Plan (2023)
RISK ASSESSMENT
§201.6(c)(2): The plan shall include a risk
assessment that provides the factual basis for
activities proposed in the strategy to reduce
losses from identified hazards. Local risk
assessments must provide sufficient
information to enable the jurisdiction to identify
and prioritize appropriate mitigation actions to
reduce losses from identified hazards.
Volume 1 Part 2 presented a risk assessment
of 10 hazards of concern: dam failure, drought,
earthquake, flood, landslide, severe weather,
wildfire, human caused hazards, health
hazards, and climate change. These hazards
were profiled as they impact the Tri-Valley
planning area. Including a qualitative
assessment of human caused hazards and
health hazards provides a more complete
picture of the hazards facing the planning area.
The risk assessment methodology was
unchanged but most-current data was
used in the analyses. Volume 1 Part 2
describes the risk assessment for the
2023 plan.
The updated plan presents quantitative
risk assessment results in graphs rather
than tables to better display the relative
significance of the findings.
§201.6(c)(2)(i): [The risk assessment shall
include a] description of the … location and
extent of all natural hazards that can affect the
jurisdiction. The plan shall include information
on previous occurrences of hazard events and
on the probability of future hazard events.
Volume 1 Part 2 presented a risk assessment
of each hazard of concern. Each hazard
chapter included the following components:
• Hazard profile, including maps of extent and
location, historical occurrences, frequency,
severity, and warning time
• Secondary hazards
• Climate change impacts
• Exposure of people, property, critical
facilities and environment
• Vulnerability of people, property, critical
facilities and environment
• Future trends in development
• Scenarios
• Issues
The general presentation of hazard
profiles is unchanged from the 2018
plan. Updated data was used to
represent the most current information.
A new analysis of social vulnerability
was included, using the Centers for
Disease Control and Prevention’s Social
Vulnerability Index (see Section 4.5.2).
The confirmation of hazards to be
assessed included a review of all
hazards assessed in the California state
hazard mitigation plan, with an
explanation for why any of those are
omitted from this plan.
§201.6(c)(2)(ii): [The risk assessment shall
include a] description of the jurisdiction’s
vulnerability to the hazards described in
paragraph (c)(2)(i). This description shall
include an overall summary of each hazard
and its impact on the community
Vulnerability was assessed for all hazards of
concern. The Hazus computer model was
used for the dam failure, earthquake, and flood
hazards, incorporating local data sets. Site-
specific data on Steering Committee-identified
critical facilities were entered into the Hazus
model. Vulnerability was assessed for other
hazards by applying varying damage
percentages to an asset inventory extracted
from Hazus.
The hazards evaluation and risk
assessment methodology for this plan
were unchanged, but most-current data
was used in the analyses.
The earthquake risk assessment
included a new analysis that assessed
the exposure of people and property on
earthquake-sensitive soils (see
Section 10.3).
§201.6(c)(2)(ii): [The risk assessment] must
also address National Flood Insurance
Program insured structures that have been
repetitively damaged floods
Dublin, Livermore and Pleasanton had no
identified Repetitive Loss or Severe Repetitive
Loss structures insured through the National
Flood Insurance Program at the time of the
2018 plan.
There is one repetitive loss property in
the current planning area. This is
discussed in Section 11.2.4.
§201.6(c)(2)(ii)(A): The plan should describe
vulnerability in terms of the types and numbers
of existing and future buildings, infrastructure,
and critical facilities located in the identified
hazard area.
A complete inventory of the numbers and
types of buildings exposed was generated for
each hazard of concern. The Steering
Committee defined and identified “critical
facilities” for the planning area, and these
facilities were inventoried by exposure.
Each hazard chapter provided a discussion on
future development trends.
The methodology for evaluating
buildings in the hazard area is
unchanged. Most-current data was used
in the analysis. Results are presented in
graphs rather than tables to better
display the relative significance of the
findings.
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44 CFR Requirement 2018 Plan Updated Plan (2023)
§201.6(c)(2)(ii)(B): [The plan should describe
vulnerability in terms of an] estimate of the
potential dollar losses to vulnerable structures
identified in paragraph (c)(2)(i)(A) and a
description of the methodology used to
prepare the estimate.
Loss estimations in terms of dollar loss were
generated for all hazards of concern. These
estimates were generated by Hazus for the
dam failure, earthquake, and flood hazards.
For the other hazards, loss estimates were
generated by applying varying damage
percentages to an asset inventory extracted
from Hazus.
The methodology for evaluating potential
dollar losses is unchanged. Most-current
data was used in the analysis. Results
are presented in graphs rather than
tables to better display the relative
significance of the findings.
§201.6(c)(2)(ii)(C): [The plan should describe
vulnerability in terms of] providing a general
description of land uses and development
trends within the community so that mitigation
options can be considered in future land use
decisions.
There was a discussion on future development
trends as they pertain to each hazard of
concern. This discussion looked predominantly
at land use and the regulatory environment
that dictated that land use.
Discussion of future development and its
implications for hazard mitigation was
updated with most-current information.
MITIGATION STRATEGY
§201.6(c)(3): The plan shall include a
mitigation strategy that provides the
jurisdiction’s blueprint for reducing the potential
losses identified in the risk assessment, based
on existing authorities, policies, programs and
resources, and its ability to expand on and
improve these existing tools.
The plan contained a guiding principle, goals,
objectives, and actions. The actions were
jurisdiction-specific and strived to meet
multiple objectives. All objectives met multiple
goals and stood alone as components of the
plan. Each planning partner was asked to
complete a capability assessment that looked
at its regulatory, technical, and financial
capabilities.
The overall approach to establishing a
mitigation strategy based on goals,
objectives, and actions was unchanged.
Unlike the 2018 plan, which included
actions that apply to all planning
partners as well as actions specific to
each jurisdiction, the updated plan does
not include area-wide mitigation actions.
All actions are presented in the
jurisdiction-specific annexes included in
Volume 2.
Jurisdiction-specific capability
assessments were expanded to include
a discussion of each jurisdiction’s
capacity to expand or improve its
mitigation-related capabilities.
§201.6(c)(3)(i): [The hazard mitigation strategy
shall include a] description of mitigation goals
to reduce or avoid long-term vulnerabilities to
the identified hazards.
The Steering Committee developed a new
overall guiding principle for the plan, and
developed eight goals and 12 objectives, as
described in Chapter 17. The goals and
objectives were specifically for the 2018
hazard mitigation plan and were completely
new at that time. They were identified based
on the capabilities of the Planning Partnership.
The 2018 mission statement, goals, and
objectives were carried over to this plan
with minor wording revisions. One new
goal was added, calling for a new focus
on disaster resiliency for historically
underserved populations.
§201.6(c)(3)(ii): [The mitigation strategy shall
include a] section that identifies and analyzes
a comprehensive range of specific mitigation
actions and projects being considered to
reduce the effects of each hazard, with
particular emphasis on new and existing
buildings and infrastructure.
Volume I, Part 3 included a hazard mitigation
catalog that was developed through a
facilitated process. This catalog identified
actions that manipulate the hazard, reduce
exposure to the hazard, reduce vulnerability, or
increase mitigation capability. The catalog
further segregated actions by scale of
implementation. A table in the action plan
chapter analyzed each action by mitigation
type to illustrate the range of actions selected.
The catalogs were updated with the
newest best practices for each hazard
assessed.
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44 CFR Requirement 2018 Plan Updated Plan (2023)
§201.6(c)(3)(ii): [The mitigation strategy] must
also address the jurisdiction’s participation in
the National Flood Insurance Program, and
continued compliance with the program’s
requirements, as appropriate.
Dublin, Livermore and Pleasanton identified
actions stating their commitment to maintain
compliance and good standing under the
National Flood Insurance Program.
City planning partner mitigation actions
calling for ongoing NFIP commitment
have been retained in the updated plan.
§201.6(c)(3)(iii): [The mitigation strategy shall
describe] how the actions identified in Section
(c)(3)(ii) will be prioritized, implemented, and
administered by the local jurisdiction.
Prioritization shall include a special emphasis
on the extent to which benefits are maximized
according to a cost benefit review of the
proposed projects and their associated costs.
Each recommended actions was prioritized
using a qualitative methodology that looked at
the objectives the project will meet, the
timeline for completion, how the project will be
funded, the impact of the project, the benefits
of the project and the costs of the project. This
prioritization scheme was detailed in Chapter
19. Since this planning effort was the first for
all the Tri-Valley planning partners working
together on a plan, the prioritization concept
was entirely different from what was applied in
the ABAG planning effort. Since each planning
partner was asked to review all risks and prior
actions, any action that was carried over to this
plan from the prior plan had the opportunity to
have its priority reviewed and if necessary,
changed. Therefore, every risk and action in
this plan, whether new or carried over from the
prior plan, was prioritized as described in the
introduction section of Volume 2.
The prioritization and plan
implementation approaches from the
2018 plan have been carried over to this
update.
PLAN ADOPTION, IMPLEMENTATION, AND MAINTENANCE
§201.6(c)(4)(i): [The plan maintenance process
shall include a] section describing the method
and schedule of monitoring, evaluating, and
updating the mitigation plan within a five-year
cycle.
Volume I, Part 3 presented a plan
maintenance strategy that contains additional
detail to address deficiencies observed during
the 2010 update process. This update includes
a more defined role and vehicle for facilitating
the annual review of the plan.
The same general strategy for plan
maintenance is carried over from the
previous plan.
§201.6(c)(4)(ii): [The plan shall include a]
process by which local governments
incorporate the requirements of the mitigation
plan into other planning mechanisms such as
comprehensive or capital improvement plans,
when appropriate.
Volume I, Part 3 detailed recommendations for
incorporating the plan into other planning
mechanisms, such as:
• General plans
• Emergency response plans
• Capital improvement programs
• Municipal codes
Specific current and future plan and program
integration activities were detailed in each
participating jurisdiction’s annex in Volume 2.
The same general strategy for plan
integration with other planning
mechanisms is carried over from the
previous plan.
§201.6(c)(4)(iii): [The plan maintenance
process shall include a] discussion on how the
community will continue public participation in
the plan maintenance process.
Volume I, Part 3 detailed a comprehensive
strategy for continuing public involvement.
The same general strategy for ongoing
public involvement is carried over from
the previous plan.
§201.6(c)(5): [The local hazard mitigation plan
shall include] documentation that the plan has
been formally adopted by the governing body
of the jurisdiction requesting approval of the
plan (e.g., City Council, County Commission,
Tribal Council).
An appendix in Volume 1 contained the
resolutions of all planning partners that
adopted this plan.
Planning partners passed new adoption
resolutions for the update plan after
FEMA approval. The FEMA approval
letter and adoption resolutions are
included in a Volume 1 appendix.
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3. PLAN UPDATE APPROACH
3.1 FORMATION OF THE PLANNING TEAM
Project management for this update of the Tri-Valley hazard mitigation plan was the joint responsibility of staff members from the Cities of Dublin, Livermore, and Pleasanton, and the Dublin San Ramon Services District. A contract planning consultant (Tetra Tech, Inc.) was tasked with assisting in the development, update, and implementation of the plan. The Tetra Tech project manager assumed the role of the lead planner, reporting directly to the planning team. In addition to Tetra Tech project staff, the main planning team consisted of the following members:
• Susan Frost, Special Projects Manager, City of Livermore • Jake Potter, Associate Planner, City of Livermore
• Shweta Bonn, Senior Planner, Advanced Planning; City of Pleasanton • Diego Mora, Assistant Planner, City of Pleasanton
• John Stefanski, Assistant to the City Manager, City of Dublin • Aaron Johnson, GIS Analyst, Dublin San Ramon Services District
3.2 DEFINING STAKEHOLDERS
At the start of the planning process, the planning team identified a list of stakeholders to engage during the update of the Tri-Valley Hazard Mitigation Plan. “Stakeholder” was defined as any person or public or private entity that owns or operates facilities that would benefit from the mitigation actions of this plan, and/or has an authority or capability to support mitigation actions identified by this plan. Stakeholders were separated into two categories:
• Participatory Stakeholders—Stakeholders that actively participated in the planning process as planning partners or members of the Steering Committee.
• Coordinating Stakeholders—Stakeholders that were not able to commit to actively participating in the process but were kept apprised of plan development milestones or were able to provide data that was used in the plan development.
3.3 THE STEERING COMMITTEE
A Steering Committee provided guidance to the hazard mitigation plan effort and ensured that the document will be accepted by agencies and the public. For a project kickoff meeting on May 23, 2022, the planning team assembled a list of planning area candidates who could have recommendations for the plan or be impacted by its
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recommendations. The planning team requested these candidates’ participation in the planning process. The planning team confirmed a committee of 15 primary members and three alternates, as listed in Table 3-1.
Table 3-1. Steering Committee Members
Name Title Jurisdiction/Agency
Shweta Bonn Senior Planner City of Pleasanton
Lincoln Casimere Emergency Manager Alameda County Fire Department Herbert Cole Emergency Manager City of Livermore
Susan Frost a Special Projects Coordinator City of Livermore Cary Fukada b Citizen CERT
Matt Fuzie General Manager RPD City of Livermore
Tracy Hein Emergency Preparedness Manager Livermore-Pleasanton Fire Department Aaron Lacey Deputy Chief Livermore-Pleasanton Fire Department Christine Martin Assistant City Manager City of Livermore Franc Moufarrej Permit Center Manager City of Livermore Adam Nelkie Assistant Director of Engineering City of Pleasanton Aaron Johnson GIS Analyst Dublin San Ramon Services District Jerry Paulson Emergency Manager Lawrence Livermore National Laboratory Tricia Pontau Associate Planner City of Livermore
John Stefanski Assistant to the City Manager City of Dublin Alternate Members
Stephanie Egidio Management Analyst City of Livermore
Jake Potter Assistant Planner City of Livermore
a. Chair
b. Vice-Chair
Leadership roles and ground rules were established during the Steering Committee’s meeting on July 11, 2022.
The Steering Committee agreed to meet once a month as needed throughout the course of the plan’s development.
The planning team facilitated each Steering Committee meeting to address a set of objectives based on an established work plan. The Steering Committee met five times from July 2022 through April 2023. All Steering Committee meetings were open to the public and agendas and meeting notes were posted to the hazard mitigation plan website. Meeting minutes and the Steering Committee’s adopted ground rules are provided in Appendix F.
The Steering Committee included key planning partner staff, citizens, and other stakeholders from within the planning area. Members combined expertise in preventive measures, property protection, natural resource protection, emergency services, structural flood control projects, public safety, and public information. They applied their expertise on behalf of all planning partners participating in the plan process.
3.4 ESTABLISHMENT OF THE PLANNING PARTNERSHIP
Hazard mitigation planning enhances collaboration among diverse parties whose interests can be affected by hazard losses. In June 2022, the Cities of Dublin, Livermore, and Pleasanton identified eligible special districts within the planning area of the pending planning process and invited them to formally participate. All special districts were asked to identify planning points of contact to serve as planning partners and represent the interests of their district. The Dublin San Ramon Services District accepted the invitation to participate in the planning partnership.
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The planning partners covered under this plan are shown in Table 3-2. Together these jurisdictions make up the Planning Partnership for the hazard mitigation plan. While all participating jurisdictions authorized the Steering Committee to carry out certain activities on their behalf, all planning partners were invited to attend and participate in all aspects of the plan update process.
Table 3-2. Municipal and Special District Planning Partners Jurisdiction Point of Contact Title
Dublin John Stefanski Assistant to the City Manager
Livermore Susan Frost
Jake Potter
Special Projects Coordinator
Associate Planner
Pleasanton Shweta Bonn Senior Planner
Diego Mora Assistant Planner
Dublin San Ramon Services District Aaron Johnson Associate Engineer Jason Ching Senior Engineer
3.5 DEFINING THE PLANNING AREA
The planning area was defined to consist of the jurisdictional area of the Cities of Dublin, Livermore, and Pleasanton within Alameda County as well as the service area for the Dublin San Ramon Services District that extends into Contra Costa County. The planning area is surrounded by unincorporated Alameda County. All partners to this plan have jurisdictional authority within this planning area. A map showing the geographic boundary of the defined planning area for this plan update is provided in Chapter 4, along with a description of planning area characteristics.
For the risk assessment in this hazard mitigation plan, risks to population and the general building stock were evaluated only within the city limits of the three municipal planning partners. Those risks are not relevant to the Dublin San Ramon Services District, which does not have the same regulatory authorities as cities in terms of mitigating risks to people and development.
3.6 COORDINATION WITH STAKEHOLDERS AND AGENCIES
Opportunities for involvement in the planning process must be provided to neighboring communities, local and regional agencies involved in hazard mitigation, agencies with authority to regulate development, businesses, academia, and other private and nonprofit interests (44 CFR, Section 201.6(b)(2)). The planning team accomplished this task as follows:
• Steering Committee Involvement—Agency representatives were invited to participate on the Steering Committee and comment on the draft plan.
• Agency Notification—The following agencies were invited to participate in the plan development process from the beginning and were kept apprised of plan development milestones. Many of the organizations listed assist at-risk and socially vulnerable populations, including those with developmental disabilities, those with access and functional needs, at-risk youth and seniors, those with limited access to childcare, and those who have suffered through or are currently experiencing homelessness. These agencies were advised of the planning efforts and invited to comment on the draft plan. ➢ Alameda County Fire Department, Emergency Management Division ➢ Alameda County Office of Emergency Services
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➢ Alameda County Voluntary Organizations Active in Disaster (VOAD)—VOAD is a humanitarian association of independent voluntary organizations active in emergency disaster relief with a mission to provide efficient services to all disaster victims and eliminate the duplications of services (ALCOVOAD n.d.).
➢ Alameda County Emergency Managers Association
➢ American Red Cross Bay Area Chapter (ARC)—ARC works in communities to provide relief following emergencies and disasters
➢ Association of Bay Area Governments, Resilience Program Coordinator ➢ Bay Area Rapid Transit
➢ California Department of Water Resources, National Flood Insurance Program Coordinator ➢ California Governor’s Office of Emergency Services (Cal OES) ➢ Contra Costa County Office of Emergency Services
➢ East Bay Parks and Recreation District
➢ FEMA Region 9, Lead Community Planner
➢ Lawrence Livermore National Laboratory
➢ Livermore Area Recreation & Park District (LARPD) (includes senior groups) ➢ Los Positas College (academia)
➢ East Bay Innovations (access and functional needs)
➢ Livermore-Pleasanton Fire Department
➢ Pleasanton Chamber of Commerce
➢ San Ramon Valley Fire District
➢ Stanford Health Care – Valley Care (medical care)
➢ Zone 7 Water Agency
➢ Livermore’s Multi Services Center (unhoused, non-English speakers) ➢ Quest Science Center (youth and disadvantaged youth)
These agencies received meeting announcements, meeting agendas, and meeting minutes by e-mail throughout the plan development process. They supported the effort by attending meetings or providing feedback on issues.
• Pre-Adoption Review— All the agencies listed above were provided an opportunity to review and comment on this plan, primarily through the hazard mitigation plan website (see Section 3.8.1). All were sent an e-mail message informing them that draft portions of the plan were available for review.
Special involvement in and assistance with the planning process was provided by the following federal and state agencies:
• FEMA Region 9 provided updated planning guidance, provided summary and detailed data for the planning area from the National Flood Insurance Program (NFIP) (including repetitive loss information), and conducted plan review.
• The U.S. Geological Survey (USGS) provided earthquake event mapping to support the earthquake risk assessment.
• Cal OES facilitated FEMA review, provided updated planning guidance, and reviewed the draft and final versions of the plan prior to FEMA review.
• The California Department of Forestry and Fire Protection (CAL FIRE) provided fire severity mapping to support the wildfire risk assessment.
• The California Department of Water Resources provided information on NFIP compliance for local cities.
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The following sections identify agencies and organizations maintaining close partnerships with the cities of Dublin, Livermore, and Pleasanton, as well as the Dublin San Ramon Services District to provide opportunities for members of underserved and socially vulnerable populations to participate in the planning process and comment during its progress and on the draft plan.
3.6.1 City of Dublin
The City of Dublin provides targeted outreach to its senior population, which has been identified by the city as an at-risk or socially vulnerable population, through the following programs:
• Meals on Wheels—Dublin seniors aged 60 and older who are home-bound and unable to cook have access to nutritious meals at little to no cost.
• Diabetes Support Group—The Alameda County Public Health Department offers a course on how to manage diabetes and monitor blood sugar as a free local service. • Senior Health Screening and Foot Care—Free senior health screenings that include blood tests, diabetes tests, health education services and many other resources are offered quarterly by the Senior Support Program of the Tri-Valley for Alameda County residents. • Computer and Wi-Fi Access—Unlimited access to the internet through desktop computers and wi-fi is available at no cost through the Dublin Senior Center for seniors who do not have access to reliable internet connection.
• Alameda County VOAD—VOAD is a humanitarian association of independent voluntary organizations active in emergency disaster relief, with a mission to provide efficient services to all disaster victims and eliminate the duplications of services (ALCOVOAD n.d.).
3.6.2 City of Livermore
The City of Livermore maintains an ongoing partnership with the following agencies to provide up-to-date information to at-risk communities:
• Livermore Area Recreation & Park District (LARPD)—Provides services and programs to adults and seniors aged 50 and older, such as a Senior Lunch Program (60+) and 50+ Service and Support Groups.
LARPD’s mission is to improve the quality of life for Livermore’s older adults and their families by educating and advocating for health and social services while providing recreation, socialization, and meaningful volunteer opportunities to encourage active and healthy lives (LARPD n.d.). • East Bay Innovations (EBI)—EBI offers services supporting over 500 individuals with disabilities to live as independently as possible in their own homes, be successfully employed, and feel a sense of membership in their community (East Bay Innovations n.d.). • Abode Services—Abode’s mission is to end homelessness by assisting low-income, unhoused people, including those with special needs, to secure stable, supportive housing, and to be advocates for the removal of the causes of homelessness.
• Alameda County VOAD—VOAD is a humanitarian association of independent voluntary organizations active in emergency disaster relief with a mission to provide efficient services to all disaster victims and eliminate the duplications of services (ALCOVOAD n.d.).
The City has conducted the following activities to supplement outreach to socially vulnerable populations:
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• August 26, 2023—The City of Livermore attended the “Weather Wonders” youth outreach event hosted by the Quest Science Center to showcase this Plan.
• The City of Livermore has distributed a copy of this Plan to Livermore’s Multi Service Center, which provides services to those experiencing homelessness, non-English speakers, and other at-risk and socially vulnerable groups.
3.6.3 City of Pleasanton
The City of Pleasanton hosts a number of ongoing programs for senior citizens, who have been identified by the city as an at-risk or socially vulnerable population. The following are examples of these programs:
• Pleasanton Rides—Provides safe, reliable, and affordable transportation for seniors aged 70 and older. • Open Heart Kitchen—Provides free lunch for seniors aged 60 and older. • Meals on Wheels—Provides meals for seniors aged 60 and older with annual registration. • Alameda County VOAD—VOAD is a humanitarian association of independent voluntary organizations active in emergency disaster relief with a mission to provide efficient services to all disaster victims and eliminate the duplications of services (ALCOVOAD n.d.).
In addition to these programs, a number of financial assistance programs are available for the senior population, including emergency loans and grants for seniors experiencing extreme financial hardship (Wiesner Senior Fund), a 20 percent discount on water bills, and a fee assistance program for senior recreation activities.
3.6.4 Dublin San Ramon Services District
Since the DSRSD covers most of the City of Dublin, DSRSD collaborates and works closely with the City in its outreach efforts to businesses, community organizations, and at-risk and socially vulnerable communities such as seniors and older adults in the Tri-Valley planning area.
3.7 REVIEW OF EXISTING PROGRAMS
Hazard mitigation planning must include review and incorporation, if appropriate, of existing plans, studies, reports and technical information (44 CFR, Section 201.6(b)(3)). In addition, the following programs can affect mitigation within the planning area:
• California Fire Code
• 2022 California Building Code
• California State Hazard Mitigation Forum
• Five-year and biennial capital improvement programs
• Local emergency operations plans
• Local general plans, including housing and safety elements • Local strategic plans
• Local zoning ordinances
• Climate action plans.
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An assessment of all planning partners’ planning and regulatory; permitting; fiscal; administrative and technical; and education and outreach capabilities to implement hazard mitigation actions is presented in the jurisdiction- specific annexes in Volume 2. Chapter 1 provides a review of laws and ordinances in effect within the planning area that can affect hazard mitigation actions.
3.8 PUBLIC INVOLVEMENT
Broad public participation in the planning process helps ensure that diverse points of view about the planning area’s needs are considered and addressed. The public must have opportunities to comment on disaster mitigation plans during the drafting stages and prior to plan approval (44 CFR, Section 201.6(b)(1)). This section details the outreach to, and involvement of, the many agencies, departments, organizations, non-profit organizations, districts, authorities and other entities that have a stake in managing hazard risk and mitigation, commonly referred to as stakeholders.
3.8.1 Strategy
The strategy for involving the public in this plan emphasized the following elements:
• Include members of the public on the Steering Committee. • Engage the public and organizations that are listed in Section 3.6 by providing updates and an opportunity to comment on a draft of the plan.
• Use a survey to determine if the public’s perception of risk and support of hazard mitigation has changed since the initial planning process.
• Attempt to reach as many planning area residents as possible using multiple media. • Identify and involve planning area stakeholders.
• Develop a StoryMap of the planning area for public access (https://experience.arcgis.com/experience/809c8425c55a4e31b35884794aaa1060/?draft=true). The map provides information on hazards based on specific locations. It also has the ability to send an email requesting information.
Diligent efforts were made to ensure broad regional, county, and local representation in this planning process.
Stakeholder outreach was performed early and throughout the planning process. In addition to mass media notification efforts, identified stakeholders were invited via email and social media posts to attend meetings and provide input on draft documents. Information and input provided by these stakeholders has been included throughout this plan where appropriate, and all were given an opportunity to comment on the draft plan.
Outreach efforts reflecting a whole community approach were conducted collaboratively across all four jurisdictions to ensure members of local businesses, academia, private organizations, and marginalized communities were provided the opportunity to have a voice in the planning process. The following private organizations were partnered with to drive public outreach efforts:
• Dublin Chamber of Commerce
• Livermore Valley Chamber of Commerce
• Pleasanton Chamber of Commerce
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An emphasis was placed on including representatives from marginalized, at-risk, and socially vulnerable communities in the planning process through the following methods by each jurisdiction:
• City of Dublin—Due to the City of Dublin’s regular partnership and collaboration with their senior community, seniors in Dublin were the primary focus of outreach activities at the Dublin Senior Center. • City of Livermore—The planning team collaborated with the Livermore Multi Service Center to involve at-risk seniors and unsheltered people in the planning process through the distribution of this Plan to the Center.
• City of Pleasanton—Outreach was conducted through social media outlets, the Pleasanton Community Page, and the Pleasanton city website to promote involvement in the planning process, especially for the local senior community.
• DSRSD—The District collaborates with the City of Dublin on its outreach and public involvement strategies as explained in Section 3.6.
The sections below describe Steering Committee and planning team efforts toward public outreach throughout the development and review of the hazard mitigation plan.
Website
At the beginning of the plan development process, a planning partnership website was created on the City of Livermore’s Planning Department web page to keep the public posted on plan development milestones and to solicit relevant input (see Figure 3-1).
The site’s address (https://www.livermoreca.gov/departments/community-development/planning/hazard- mitigation) was publicized in all press releases, mailings, and public meetings. Information on the plan development process, the Steering Committee, the survey and phased drafts of the plan was made available to the public on the site throughout the process. The planning partners intend to keep a website active after the plan’s completion to keep the public informed about successful mitigation projects and future plan updates.
Hazard Mitigation Survey
A hazard mitigation plan survey (see Figure 3-2) was developed for this planning process.
The survey was used to gauge household preparedness for natural hazards and the level of knowledge of tools and techniques that assist in reducing risk and loss from natural hazards. This survey was designed to help identify areas vulnerable to one or more natural hazards. The answers to its questions helped guide the Steering Committee in selecting mitigation strategies.
The survey was made available on the hazard mitigation plan website and was distributed to community members in the planning area as follows:
• Via social media outlets, including Facebook, Twitter and Nextdoor • At virtual public meetings via web link and QR code
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Figure 3-1. Hazard Mitigation Plan Web Site Homepage
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Figure 3-2. Hazard Mitigation Survey
StoryMap
An online StoryMap was created to communicate the variety and severity of hazards in the Tri-Valley planning area (see Figure 3-3). During the update process, the StoryMap was released to the public and promoted through social media, the project website, and during Steering Committee meetings, which were open to the public. It includes risk assessment results for hazards of concern, an interactive hazard mapping tool, and a report function to produce hazard exposure summaries for a specified address or area.
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Figure 3-3. Tri-Valley StoryMap
Public Comment
A 14-day public comment period, from May 8 to 22, 2023, provided the public an opportunity to comment on the draft plan update prior to its submittal to Cal OES. The principal mechanism for public comment on the draft plan was a virtual public comment form. Additionally, a public meeting held in conjunction with a Steering Committee meeting on May 15, 2023, allowed an opportunity to provide comment on the draft plan update. At the public meeting, a 30-minute presentation was given, followed by a period for questions and answers by those in attendance. Comments received on the draft plan are available upon request.
The draft Hazard Mitigation Plan was widely distributed for comment for a 14-day public comment period, including agencies identified in Section 3.6. Outreach efforts, including those to socially vulnerable communities, are described in Section 3.6. During that time, none of the planning partners received any comments. Because there were no comments submitted, no associated demographic data was available.
Social Media
The planning partners posted announcements about the plan update on their social media platforms including Facebook, Twitter, Instagram, and Nextdoor (Figure 3-4).
Print, Email, and Other Outreach
Planning partners distributed press releases and performed email outreach over the course of the plan’s development as key milestones were achieved. Press releases and resulting press coverage included the following:
• September 22, 2022—Dublin Patch: Announcement of commencement of the planning project and invitation to the public to take the hazard awareness survey. • September 2022—The plan update was promoted at the Livermore/Pleasanton CERT meeting and a subsequent flyer was emailed to all CERT members.
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Figure 3-4. Social Media Public Outreach
3.8.2 Public Involvement Results
Survey Response
Detailed analysis of the survey findings is presented in Appendix A; a summary is as follows:
• 585 surveys were completed.
• Surveys were received from residents of each participating planning partner. • Survey respondents ranked drought as the hazard of greatest concern, followed by wildfire and earthquake.
• More than 80 percent of respondents reported having experienced a drought, over 69 percent reported having experienced an earthquake, and nearly 55 percent reported having experienced a severe weather event.
• Most respondents (78.38 percent) felt that they were somewhat prepared to deal with a hazard event and more than 60 percent keep an emergency kit with spare food and water. • Nearly 66 percent of respondents would consider retrofitting their home to withstand hazard events if they received an insurance discount, while about 50 percent would do so if they received free government technical assistance. Another 40 percent would do retrofits if they had a building permit fee waiver.
Survey results were provided to the Steering Committee for use in support of confirming the guiding principle, goals, objectives and county-wide actions for this plan update. Additionally, the survey results were included in the toolkit provided to each planning partner through the jurisdictional annex process described in Volume 2.
Each planning partner was able to use the survey results to help identify actions as follows:
• Gauge the public’s perception of risk and identify what citizens are concerned about. • Identify the best ways to communicate with the public.
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• Determine the level of public support for different mitigation strategies. • Understand the public’s willingness to invest in hazard mitigation.
3.9 PLAN DEVELOPMENT CHRONOLOGY/MILESTONES
A summary of Planning Partnership activities, including Steering Committee meetings held during development of this hazard mitigation plan, is included in Table 3-3.
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Table 3-3. Plan Development Chronology/Milestones
Date Event Description Attendance
2022
3/9 Support Contractor Secured Contract executed with Tetra Tech, Inc. to facilitate the plan update process N/A 5/23 Planning Team Meeting #1 Planning Process 10
6/6 Planning Team Meeting #2 Planning Process 10
6/10 Jurisdictional Annex Process Phase 1 Planning partners begin the jurisdiction annex update process with the team, profile, trends, and previous plan status updates N/A
6/20 Planning Team Meeting #3 Planning Process 10
7/5 Planning Team Meeting #4 Planning Process 10
7/8 Jurisdictional Annex Process Phase 2 Planning partners continue the jurisdictional annex update process with the capability assessment, integration review, and information sources updates N/A
7/11 Steering Committee Meeting #1 Project overview
Steering Committee’s role
Hazards of concern
Review of mission statement, goals and objectives
Public involvement strategy
21 7/18 Planning Team Meeting #5 Planning Process 7
8/1 Planning Team Meeting #6 Planning Process 6
8/1 Steering Committee Meeting #2 Approve ground rules Approve mission statement, goals and objectives
Approve hazard of concern
Approve community lifelines
Public involvement strategy
16 8/14 Public Outreach Hazard awareness survey open and promotion started N/A 8/29 Planning Team Meeting #7 Planning Process 9
9/26 Planning Team Meeting #8 Planning Process 9
10/3 Steering Committee Meeting #3 Social vulnerability discussion Discuss hazards of concern and risk assessment
Outreach and engagement progress
15 10/24 Planning Team Meeting #9 Planning Process 7
11/8 Jurisdictional Annex Workshop Workshop for planning partners to assist in development of Phase 3 of the jurisdictional annex process
22 11/21 Planning Team Meeting #10 Planning Process 7
12/5 Steering Committee Meeting #4 Accepted social vulnerability definition Outreach and engagement update
12 2023
1/9 Planning Team Meeting #11 Planning Process 10
1/30 Planning Team Meeting #12 Planning Process 9
1/31 Public Outreach Hazard awareness survey closed 585 2/27 Planning Team Meeting #13 Planning Process 7
3/13 Planning Team Meeting #14 Planning Process 9
3/27 Planning Team Meeting #15 Planning Process 5
5/8 Public Comment Period Begins Public involvement strategy N/A 5/15 Steering Committee Meeting #5
and Public Meeting
Draft plan overview
Public comment period
16 5/22 Public Comment Period ends Public involvement strategy N/A 6/15 Plan submittal Pre-adoption review draft of the plan submitted to Cal OES. N/A 12/15 Approval Final plan approval issued by FEMA Region 9 N/A
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4. COMMUNITY PROFILE
4.1 GEOGRAPHIC OVERVIEW
The Tri-Valley planning area is in north-central Alameda County in the San Francisco Bay area, east of San Francisco and north of San Jose. The cities of Dublin, Livermore and Pleasanton are located along Interstate 580, which runs east-west through the county. The City of Dublin is north of the intersection of Interstates 580 and 680 and is generally bounded by the City of San Ramon to the north, Castro Valley to the west, the City of Pleasanton to the south, and the City of Livermore to the east. The City of Livermore is north and south of Interstate 580. The Livermore Valley is edged to the north, south, and east by rolling hills, with the cities of Pleasanton and Dublin to the west. The City of Pleasanton extends south of Interstate 580 along Interstate 680, bounded by the City of Dublin on the north, the City of Livermore to the east, the Sunol Valley to the south, and the steep, rugged Pleasanton and main ridges on the west. Figure 4-1 shows the 66.2-square-mile planning area.
4.2 HISTORICAL OVERVIEW
For thousands of years until the arrival of Spanish settlers in the late 1700s, the Ohlone people, also referred to as Costanoans (the Spanish word for “coast”), lived in and around the Bay Area. Living in small villages, they survived on the abundance of natural resources, including acorns from oak trees and shellfish in the bay. Mission San Jose was founded on June 11, 1797, by Father Fermín Francisco de Lasuén. It was the 14th of the 21 Spanish missions in what is now the western United States. The missionaries required the Indians to move to the mission, and this disruption, as well as new diseases the Spanish brought, destroyed the Indian way of life even before the influx of gold seekers in the mid-1800s.
The Amador-Livermore Valley was first sighted by a Spanish solder in 1772 while on an expedition searching for new mission sites. After 1822, Mexico succeeded Spain in jurisdiction over Alta California. Beginning in 1839, the former mission lands were secularized and broken up into large ranchos as the result of grants to citizens by Mexico. It was a half-century after the initial discovery that Jose Amador, in 1826, brought the first settlement to the valley and Spanish families were awarded large tracts of land.
California became part of the United States after the Mexican War of 1846–1847. The territory was formally ceded in the treaty of Guadalupe Hidalgo in 1848 and was admitted as a state in 1850. Pressure from the United States was a major factor leading to the disintegration of Mexican control in California. The first American settler in the tri-valley area arrived in 1850 and settlement continued. The area was on one of the main routes to the gold fields and became a mercantile stopover for miners on their way to those fields.
Ranchers and thoroughbred horse breeders, also came to the area, attracted to the favorable climate and abundance of water, and were followed by dairy farms, hop fields, and vineyards. The Central Pacific Railroad was completed in 1869, resulting in the establishment of more towns.
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CITY OF
DUBLIN
DUBLIN SAN RAMON
SERVICES DISTRICT
ALAMEDA COUNTY
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