Livermore City Council
June 24, 2024

EXHIBIT A
343

MASTER FEE SCHEDULE
Description Unit Fee** Source
Room Rental Fee varies by the group
Group - Livermore Public Library, Friends of the Livermore Public Library, City of Livermore, Livermore Area Recreation and Park District (LARPD), Livermore Valley Joint Unified School District (LVJUSD), Las Positas College
Hourly fees Per hour per room None Resolution 2023-128
Daily fees Per day per room None Resolution 2023-128
Group - All others
Hourly Fees Per hour per room 21.00 $ Resolution 2023-128 Daily fees Per day per room 105.00 Resolution 2023-128
Equipment Usage
Digital Projector Per day 27.00 Resolution 2023-128
Conference Phone Per day 27.00 Resolution 2023-128
Flip Chart/Dry Erase board with paper and pens Per day 16.00 Resolution 2023-128 Microphones Per day 11.00 Resolution 2023-128
Printing from computers / microfilm machine
Black & white Per page 0.10 Resolution 2023-128
Color Per page 0.25 Resolution 2023-128
Photocopying Per page 0.15 Resolution 2023-128
Library Material Replacement Fees
Magazines and Paperback Books per item 5.00 Resolution 2023-128 Music CDs per item 21.00 Resolution 2023-128
Children's Books per item 21.00 Resolution 2023-128
Educational Games per item 21.00 Resolution 2023-128
DVDs per item 31.00 Resolution 2023-128
Media Kits per kit 31.00 Resolution 2023-128
Adult / Teen Books per item 31.00 Resolution 2023-128
Educational Toys per item 31.00 Resolution 2023-128
Talking Books per item 52.00 Resolution 2023-128
Console Games / Technology Items per item 52.00 Resolution 2023-128 Higher Value Library Items per item 103.00 - 309.00 Resolution 2023-128 Materials Recovery Service Fee per referral 10.00 Resolution 2023-128 Easy Access Keycard per card 5.00 Resolution 2023-128
Link + Materials * per item up to $115 Resolution 2023-128 * A Link+ system-wide fee payable to the library that owns the borrowed item. The cost is set by the owning library. ** Fees are the same as prior year as the amounts are sufficient to cover the cost.

Library Fees X15A0T

EXHIBIT A
344

MASTER FEE SCHEDULE
Description Billing Unit Rates Source
Residential
Single Family Per Dwelling Unit Per Month 71.65 $ Ordinance 2095 Multi-family Per Dwelling Unit Per Month 58.63 Ordinance 2095 Commercial
All Non-Residential/Institutional Per Account Per Month 32.42 Ordinance 2095 Bakeries Per 100 cubic feet 12.20 Ordinance 2095
Commercial Laundries Per 100 cubic feet 7.60 Ordinance 2095 Markets w/ disposals Per 100 cubic feet 12.23 Ordinance 2095 Mortuaries Per 100 cubic feet 12.23 Ordinance 2095
Restaurants Per 100 cubic feet 12.20 Ordinance 2095
All Other Per 100 cubic feet 5.42 Ordinance 2095
Institutional
Institutional Per account Per Month 32.42 Ordinance 2095 Schools Per 100 cubic feet 5.28 Ordinance 2095
All Other Per 100 cubic feet 5.28 Ordinance 2095
Description Billing Unit Rates Source
Annual Loading Charges a
Volume Million Gallons $ 1,065.59 Ordinance 2095
BOD 1 1000 lbs 276.38 Ordinance 2095
SS 2 1000 lbs 224.64 Ordinance 2095
Peak Month Loading Charges b
Volume Million Gallons/day 219,934.31 Ordinance 2095
BOD 1 lbs/day 14.40 Ordinance 2095
SS 2 lbs/day 7.92 Ordinance 2095
Connection each 3.16 Ordinance 2095
a
Annual Loading Charges - These annual charges are billed monthly. b
Peak Month Loading Charges - These charges are based on the peak month's characteristics for the previous fiscal year. 1 Biochemical Oxygen Demand (BOD)
2 Suspended Solids (SS)
Sewer Rates
Industrial and Miscellaneous Customers - Unit Charges

EXHIBIT A
345

MASTER FEE SCHEDULE
Description Rates Source
Weekly (4 per month) $ 14,304.98 Ordinance 2095
Monthly 3,576.24 Ordinance 2095
Quarterly 1,192.08 Ordinance 2095
Semi-annually 596.03 Ordinance 2095
Annually 298.02 Ordinance 2095
Description Rates Source
Sampling (BOD, COD, SS, pH, oil grease)*
Composite Sample 902.26 $ Ordinance 2095
Grab Sample 360.91 Ordinance 2095
Violation Follow-up
Composite Sample 1,804.53 Ordinance 2095
Grab Sample 721.82 Ordinance 2095
** Biochemical Demand (BOD), Chemical Oxygen Demand (COD), Suspended Solids (SS) Description Rates Source
New Permits:

Review Application and Inspection
Significant User 2,379.89 $ Ordinance 2095
Intermediate User 1,189.92 Ordinance 2095
Permit Issuance
Significant User 446.23 Ordinance 2095
Intermediate User 223.12 Ordinance 2095
Renewal of Permits:

Review Application and Inspection
Significant User 1,189.92 Ordinance 2095
Intermediate User 594.96 Ordinance 2095
Renewal Permit Issuance
Significant User 297.49 Ordinance 2095
Intermediate User 148.76 Ordinance 2095
Routine or Compliance Inspection
Significant User 446.23 Ordinance 2095
Intermediate User 297.49 Ordinance 2095
Permit Amendment
Significant User 148.76 Ordinance 2095
Intermediate User 74.37 Ordinance 2095
Hearings
Show Cause Hearing 824.36 Ordinance 2095
Enforcement Hearing 1,099.15 Ordinance 2095
Monitoring Fees
Permit Review, Issuance and Other Special Tasks
Source Control Annual User Charges

EXHIBIT A
346

MASTER FEE SCHEDULE
Description Unit Rates Source
Meter Service Charges:
5/8" Meter - D Monthly $ Resolution 2022-052 23.40
3/4" Meter - D Monthly 30.89 Resolution 2022-052
1 " Meter w/Fire Line Monthly 23.40 Resolution 2022-052 1" Meter - D Monthly 45.87 Resolution 2022-052
1-1/2" Meter - D Monthly 83.32 Resolution 2022-052
1-1/2" Meter - T Monthly 98.30 Resolution 2022-052
2" Meter - D Monthly 128.26 Resolution 2022-052
2" Meter - T Monthly 150.73 Resolution 2022-052
3" Meter - T Monthly 334.24 Resolution 2022-052
4" Meter - T Monthly 570.17 Resolution 2022-052
6" Meter - T Monthly 1,206.82 Resolution 2022-052
8" Meter - T Monthly 2,105.62 Resolution 2022-052
10" Meter - T Monthly 3,154.22 Resolution 2022-052
12" Meter - T Monthly 3,978.12 Resolution 2022-052
5/8" Fire-line Meter Monthly 1.29 Resolution 2022-052
3/4" Fire-line Meter Monthly 1.54 Resolution 2022-052
1" Fire-Line Meter Monthly 2.05 Resolution 2022-052
1-1/2" Fire-Line Meter Monthly 3.07 Resolution 2022-052 2" Fire-Line Meter Monthly 4.09 Resolution 2022-052
3" Fire-Line Meter Monthly 6.13 Resolution 2022-052
4" Fire-Line Meter Monthly 8.17 Resolution 2022-052
6" Fire-Line Meter Monthly 12.25 Resolution 2022-052
8" Fire-Line Meter Monthly 16.33 Resolution 2022-052
10" Fire-Line Meter Monthly 20.41 Resolution 2022-052
12" Fire-Line Meter Monthly 24.49 Resolution 2022-052
Hydrant Meter Program Fee
1" or smaller Monthly 14.17 Resolution 2022-052
3" Monthly 20.36 Resolution 2022-052
Lost Hydrant Wrench Fee Per Wrench 54.00 Resolution 2022-052 Deposits
Residential
5/8" Meter Per Meter 100.00 Resolution 2022-052
1" Meter Per Meter 100.00 Resolution 2022-052
Other than residential
5/8" or 3/4" Meter Per Meter 100.00 Resolution 2022-052 1" or 1-1/2" Meter Per Meter 100.00 Resolution 2022-052 2" or 3" Meter Per Meter 200.00 Resolution 2022-052
4" or larger Meter Per Meter 400.00 Resolution 2022-052 Construction Meter Deposit
5/8", 3/4", and 1" Meter Per Meter 300.00 Resolution 2022-052 Meter Testing Fees
Meters up to 2" in size 100.00 Resolution 2022-052
Reconnection Fee **
First time restoration 60.00 Resolution 2022-052
Subsequent restoration in a 12-month period 80.00 Resolution 2022-052 Reconnection if the water meter is removed 100.00 Resolution 2022-052 Reconnection between hours of 5:00 p.m. and 8:00 a.m. 250.00 Resolution 2022-052 Master Lock Replacement Per Lock 15.00 Resolution 2022-052 Best Lock Replacement Per Lock 50.00 Resolution 2022-052 ** The City is in compliance with SB-998 Discontinuation of residential water service. If your household income is below 200% Water Rates - July 1 to December 31, 2024 X17A0T

EXHIBIT A
347

MASTER FEE SCHEDULE
Description Unit Rates (b) Source
Water Rates (a)
Recycled 1
Recycled Water Per CCF $ Resolution 2022-052 2.77
Normal Supply Voluntary Conservation
Single Family Residential
Tier I 0 - 7 CCF Per CCF (1) Resolution 2022-052 1.39
Tier II over 7 CCF Per CCF 2.00 Resolution 2022-052
Multi-Family Residential
Uniform Per CCF 1.62 Resolution 2022-052
Commercial, Institutional & Public Agency
Uniform Per CCF 1.59 Resolution 2022-052
Irrigation
Uniform Per CCF 1.80 Resolution 2022-052
Stage I - Voluntary 10% Water Conservation
Single Family Residential
Tier I 0 - 7 CCF Per CCF 1.58 Resolution 2022-052
Tier II over 7 CCF Per CCF 2.19 Resolution 2022-052
Multi-Family Residential
Uniform Per CCF 1.81 Resolution 2022-052
Commercial, Institutional & Public Agency
Uniform Per CCF 1.78 Resolution 2022-052
Irrigation
Uniform Per CCF 1.99 Resolution 2022-052
Stage II - Voluntary/Mandatory 20% Water Conservation
Single Family Residential
Tier I 0 - 7 CCF Per CCF 1.81 Resolution 2022-052
Tier II over 7 CCF Per CCF 2.42 Resolution 2022-052
Multi-Family Residential
Uniform Per CCF 2.04 Resolution 2022-052
Commercial, Institutional & Public Agency
Uniform Per CCF 2.01 Resolution 2022-052
Irrigation
Uniform Per CCF 2.22 Resolution 2022-052
(a) Water rates will be charged based upon the water conservation level in effect. (b) The rates shown here are the City charges only. Non-recycled ratepayers must pay the City service charge, the City variable charges, as well as the Zone 7 fixed and variable charges. (1) 1 CCF = 100 Cubic Feet of water or 1 "unit" of water (2) Recycled - "Normal" recycled water rates remain in effect in all stages of conservation Water Rates - July 1 to December 31, 2024 (Continued)

EXHIBIT A
348

MASTER FEE SCHEDULE
Description Unit Rates (b) Source
Water Rates (a)
Stage III Shortage
Single Family Residential
Tier I 0 - 7 CCF Per CCF (1) $ Resolution 2022-052 2.11 Tier II over 7 CCF Per CCF 2.72 Resolution 2022-052
Multi-Family Residential
Uniform Per CCF 2.34 Resolution 2022-052
Commercial, Institutional & Public Agency
Uniform Per CCF 2.31 Resolution 2022-052
Irrigation
Uniform Per CCF 2.52 Resolution 2022-052
Stage IV - Mandatory 50% Water Conservation
Single Family Residential
Tier I 0 - 7 CCF Per CCF 2.51 Resolution 2022-052
Tier II over 7 CCF Per CCF 3.12 Resolution 2022-052
Multi-Family Residential
Uniform Per CCF 2.74 Resolution 2022-052
Commercial, Institutional & Public Agency
Uniform Per CCF 2.71 Resolution 2022-052
Irrigation
Uniform Per CCF 2.92 Resolution 2022-052
Stage V Shortage
Single Family Residential
Tier I 0 - 7 CCF Per CCF Resolution 2022-052 3.07
Tier II over 7 CCF Per CCF Resolution 2022-052 3.68
Multi-Family Residential
Uniform Per CCF Resolution 2022-052 3.30
Non-residential
Uniform Per CCF Resolution 2022-052 3.27
Irrigation Resolution 2022-052
Uniform Per CCF Resolution 2022-052 3.48
Stage VI Shortage
Single Family Residential
Tier I 0 - 7 CCF Per CCF Resolution 2022-052 3.86
Tier II over 7 CCF Per CCF Resolution 2022-052 4.47
Multi-Family Residential Resolution 2022-052
Uniform Per CCF Resolution 2022-052 4.09
Non-residential Resolution 2022-052
Uniform Per CCF Resolution 2022-052 4.06
Irrigation Resolution 2022-052
Uniform Per CCF Resolution 2022-052 4.27
(a) Water rates will be charged based upon the water conservation level in effect. (b) The rates shown here are the City charges only. Non-recycled ratepayers must pay the City service charge, the City variable charges, as well as the Zone 7 fixed and variable charges. (1) 1 CCF = 100 Cubic Feet of water or 1 "unit" of water Water Rates - July 1 to December 31, 2024 (Continued)

EXHIBIT A
349

MASTER FEE SCHEDULE
Billing Total
Description Unit Price Source
Piston SR II Meters Each Actual Cost Resolution 2023-128 Ultrasonic Meters Each Actual Cost Resolution 2023-128
Omni C2 Meters Each Actual Cost Resolution 2023-128
Omni F2 Meters Each Actual Cost Resolution 2023-128
Omni R2 Meters Each Actual Cost Resolution 2023-128
Omni T2 Meters Each Actual Cost Resolution 2023-128
Registers Each Actual Cost Resolution 2023-128
Endpoints Each Actual Cost Resolution 2023-128
Misc Parts
Meter Adaptor (A47) Each Actual Cost Resolution 2023-128 Meter Adaptor (A34) Each Actual Cost Resolution 2023-128 Tail Piece 5/8, 3/4 Each Actual Cost Resolution 2023-128 Tail Piece 1" Each Actual Cost Resolution 2023-128

1.5" flange Each Actual Cost Resolution 2023-128
2" Flange Each Actual Cost Resolution 2023-128
Brass Bolts Each Actual Cost Resolution 2023-128
Brass Nut Each Actual Cost Resolution 2023-128
* = Price is the direct cost per the 3rd party plus applicable sales tax, final rate will be based on the current price from the 3rd party and subject to change
Water Meter Purchase Prices *

EXHIBIT A
350

MASTER FEE SCHEDULE
Description Unit Rates Source
Meter Service Charges:
5/8" Meter - D Monthly 23.88 $ Resolution 2022-052
3/4" Meter - D Monthly 31.57 Resolution 2022-052
1 " Meter w/Fire Line Monthly 23.88 Resolution 2022-052 1" Meter - D Monthly 46.94 Resolution 2022-052
1-1/2" Meter - D Monthly 85.38 Resolution 2022-052
1-1/2" Meter - T Monthly 100.75 Resolution 2022-052
2" Meter - D Monthly 131.50 Resolution 2022-052
2" Meter - T Monthly 154.56 Resolution 2022-052
3" Meter - T Monthly 342.90 Resolution 2022-052
4" Meter - T Monthly 585.03 Resolution 2022-052
6" Meter - T Monthly 1,238.42 Resolution 2022-052
8" Meter - T Monthly 2,160.86 Resolution 2022-052
10" Meter - T Monthly 3,237.03 Resolution 2022-052
12" Meter - T Monthly 4,082.59 Resolution 2022-052
5/8" Fire-line Meter Monthly 1.31 Resolution 2022-052
3/4" Fire-line Meter Monthly 1.56 Resolution 2022-052
1" Fire-Line Meter Monthly 2.08 Resolution 2022-052
1-1/2" Fire-Line Meter Monthly 3.11 Resolution 2022-052 2" Fire-Line Meter Monthly 4.14 Resolution 2022-052
3" Fire-Line Meter Monthly 6.20 Resolution 2022-052
4" Fire-Line Meter Monthly 8.26 Resolution 2022-052
6" Fire-Line Meter Monthly 12.38 Resolution 2022-052
8" Fire-Line Meter Monthly 16.50 Resolution 2022-052
10" Fire-Line Meter Monthly 20.62 Resolution 2022-052
12" Fire-Line Meter Monthly 24.74 Resolution 2022-052
Hydrant Meter Program Fee
1" or smaller Monthly 14.51 Resolution 2022-052
3" Monthly 20.85 Resolution 2022-052
Lost Hydrant Wrench Fee Per Wrench 54.00 Resolution 2022-052 Deposits
Residential
5/8" Meter Per Meter 100.00 Resolution 2022-052
1" Meter Per Meter 100.00 Resolution 2022-052
Other than residential
5/8" or 3/4" Meter Per Meter 100.00 Resolution 2022-052 1" or 1-1/2" Meter Per Meter 100.00 Resolution 2022-052 2" or 3" Meter Per Meter 200.00 Resolution 2022-052
4" or larger Meter Per Meter 400.00 Resolution 2022-052 Construction Meter Deposit
5/8", 3/4", and 1" Meter Per Meter 300.00 Resolution 2022-052 Meter Testing Fees
Meters up to 2" in size 100.00 Resolution 2022-052
Reconnection Fee **
First time restoration 60.00 Resolution 2022-052
Subsequent restoration in a 12-month period 80.00 Resolution 2022-052 Reconnection if the water meter is removed 100.00 Resolution 2022-052 Reconnection between hours of 5:00 p.m. and 8:00 a.m. 250.00 Resolution 2022-052 Master Lock Replacement Per Lock 15.00 Resolution 2022-052 Best Lock Replacement Per Lock 50.00 Resolution 2022-052 ** The City is in compliance with SB-998 Discontinuation of residential water service. If your household income is below 200% Water Rates - effective January 1, 2025

EXHIBIT A
351

MASTER FEE SCHEDULE
Description Unit Rates (b) Source
Water Rates (a)
Recycled 1
Recycled Water Per CCF $ Resolution 2022-052 2.80
Normal Supply Voluntary Conservation
Single Family Residential
Tier I 0 - 7 CCF Per CCF (1) Resolution 2022-052 1.43
Tier II over 7 CCF Per CCF 2.05 Resolution 2022-052
Multi-Family Residential
Uniform Per CCF 1.66 Resolution 2022-052
Commercial, Institutional & Public Agency
Uniform Per CCF 1.63 Resolution 2022-052
Irrigation
Uniform Per CCF 1.84 Resolution 2022-052
Stage I - Voluntary 10% Water Conservation
Single Family Residential
Tier I 0 - 7 CCF Per CCF 1.63 Resolution 2022-052
Tier II over 7 CCF Per CCF 2.25 Resolution 2022-052
Multi-Family Residential
Uniform Per CCF 1.86 Resolution 2022-052
Commercial, Institutional & Public Agency
Uniform Per CCF 1.83 Resolution 2022-052
Irrigation
Uniform Per CCF 2.04 Resolution 2022-052
Stage II - Voluntary/Mandatory 20% Water Conservation
Single Family Residential
Tier I 0 - 7 CCF Per CCF 1.87 Resolution 2022-052
Tier II over 7 CCF Per CCF 2.49 Resolution 2022-052
Multi-Family Residential
Uniform Per CCF 2.10 Resolution 2022-052
Commercial, Institutional & Public Agency
Uniform Per CCF 2.07 Resolution 2022-052
Irrigation
Uniform Per CCF 2.28 Resolution 2022-052
(a) Water rates will be charged based upon the water conservation level in effect. (b) The rates shown here are the City charges only. Non-recycled ratepayers must pay the City service charge, the City variable charges, as well as the Zone 7 fixed and variable charges. (1) 1 CCF = 100 Cubic Feet of water or 1 "unit" of water (2) Recycled - "Normal" recycled water rates remain in effect in all stages of conservation Water Rates - effective January 1, 2025 (Continued)

EXHIBIT A
352

MASTER FEE SCHEDULE
Description Unit Rates (b) Source
Water Rates (a)
Stage III Shortage
Single Family Residential
Tier I 0 - 7 CCF Per CCF (1) $ Resolution 2022-052 2.17 Tier II over 7 CCF Per CCF 2.79 Resolution 2022-052
Multi-Family Residential
Uniform Per CCF 2.40 Resolution 2022-052
Commercial, Institutional & Public Agency
Uniform Per CCF 2.37 Resolution 2022-052
Irrigation
Uniform Per CCF 2.58 Resolution 2022-052
Stage IV - Mandatory 50% Water Conservation
Single Family Residential
Tier I 0 - 7 CCF Per CCF 2.58 Resolution 2022-052
Tier II over 7 CCF Per CCF 3.20 Resolution 2022-052
Multi-Family Residential
Uniform Per CCF 2.81 Resolution 2022-052
Commercial, Institutional & Public Agency
Uniform Per CCF 2.78 Resolution 2022-052
Irrigation
Uniform Per CCF 2.99 Resolution 2022-052
Stage V Shortage
Single Family Residential
Tier I 0 - 7 CCF Per CCF 3.16 Resolution 2022-052
Tier II over 7 CCF Per CCF 3.78 Resolution 2022-052
Multi-Family Residential
Uniform Per CCF 3.39 Resolution 2022-052
Non-residential
Uniform Per CCF 3.36 Resolution 2022-052
Irrigation Resolution 2022-052
Uniform Per CCF 3.57 Resolution 2022-052
Stage VI Shortage
Single Family Residential
Tier I 0 - 7 CCF Per CCF 3.96 Resolution 2022-052
Tier II over 7 CCF Per CCF 4.58 Resolution 2022-052
Multi-Family Residential
Uniform Per CCF 4.19 Resolution 2022-052
Non-residential
Uniform Per CCF 4.16 Resolution 2022-052
Irrigation Resolution 2022-052
Uniform Per CCF 4.37 Resolution 2022-052
(a) Water rates will be charged based upon the water conservation level in effect. (b) The rates shown here are the City charges only. Non-recycled ratepayers must pay the City service charge, the City variable charges, as well as the Zone 7 fixed and variable charges. (1) 1 CCF = 100 Cubic Feet of water or 1 "unit" of water Water Rates - effective January 1, 2025 (Continued)

EXHIBIT A
353

MASTER FEE SCHEDULE
Description Unit Fee Source
Facility
Paved, Open Aircraft Tie-Down (1)
0 - 3,500 pounds (Certified max. gross take-off weight) Monthly $ 76.00 Resolution 2023-128 3,501 - 6,250 pounds Monthly 87.00 Resolution 2023-128
6,215 - 12,500 pounds Monthly 105.00 Resolution 2023-128 12,501 - 25,000 pounds Monthly 126.00 Resolution 2023-128 25,001 - 50,000 pounds Monthly 157.00 Resolution 2023-128 50,001 pounds and above Monthly 205.00 Resolution 2023-128 Small T-Hangar Rental Monthly 440.00 Resolution 2023-128 Medium T- Hangar Rental Monthly 475.00 Resolution 2023-128 Large T-Hangar Rental Monthly 585.00 Resolution 2023-128 Hangar No. 272* Rental Monthly 524.00 Resolution 2023-128 Hangar No. 191* Rental Monthly 786.00 Resolution 2023-128 Rectangular Hangar (45' door) Rental (a) Monthly 773.00 Resolution 2023-128 Rectangular Hangar (48' door) Rental (a) Monthly 830.00 Resolution 2023-128 Executive Hangar, Small Hangar Rental** (a) Monthly 1,880.00 Resolution 2023-128 Executive Hangar, Large Hangar Rental ** (a) Monthly 2,046.00 Resolution 2023-128 Shelter Rental Monthly 263.00 Resolution 2023-128
T-Combo, North (Small) Monthly 702.00 Resolution 2023-128 T-Combo, North (Medium) Monthly 748.00 Resolution 2023-128 T-Combo, South (Small) Monthly 713.00 Resolution 2023-128 T-Combo, South (Medium) Monthly 748.00 Resolution 2023-128 T-Combo, South (Large) Monthly 887.00 Resolution 2023-128 Landing Fees: Commercial Aircraft Operations (shall include landings of all non-based general aviation aircraft that conduct air taxi, charter, or cargo operations under FAR Part 121 or Part 135) based on maximum certificated gross landing weight: (2)
Per Landing 3.00 Resolution 2023-128
Daily 6.00 To be deleted, see staff report
Monthly 14.00 To be deleted, see staff report
Per Landing 6.00 Resolution 2023-128
Daily 12.00 To be deleted, see staff report
Monthly 28.00 To be deleted, see staff report
Per Landing 12.00 Resolution 2023-128
Daily 24.00 To be deleted, see staff report
Monthly 56.00 To be deleted, see staff report
Per Landing 24.00 Resolution 2023-128
Daily 48.00 To be deleted, see staff report
Monthly 112.00 To be deleted, see staff report
Per Landing 48.00 Resolution 2023-128
Daily 96.00 To be deleted, see staff report
Monthly 224.00 To be deleted, see staff report
Per Landing 96.00 Resolution 2023-128
Daily 192.00 To be deleted, see staff report
Monthly 448.00 To be deleted, see staff report
* These Hangars are odd-sized and contain additional space. electrical charges.
(a) Except those on Med-Term with cap of 5%.
(1) Rates are reasonable and the occupancy rate is only at 11% capacity. No change from last year. (2) Rates are reasonable; airport staff compared with rates charged by other airports. No change from last year.

Airport Fees
** The City may separately invoice Executive Hangar tenants with a month-to-month lease for any amount over $100 in monthly 0 - 3,500 pounds
3,501 - 6,250 pounds
6,251 - 12,500 pounds
12,501 - 25,000 pounds
25,001 - 50,000 pounds
50,001 pounds and above
X20AT

EXHIBIT A
354

MASTER FEE SCHEDULE
Description Unit Fee Source
Transient Aircraft Parking Fees (8 to 24 hours, and any 24-hour period 0 - 3,500 pounds (Gross Weight) (A) $ 6.00 Resolution 2023-128 3,501 - 6,250 pounds (A) 8.00 Resolution 2023-128
6,215 - 12,500 pounds (A) 16.00 Resolution 2023-128
12,501 - 25,000 pounds (A) 21.00 Resolution 2023-128
25,001 - 50,000 pounds (A) 32.00 Resolution 2023-128
50,001 pounds and above (designated apron only) (A) 43.00 Resolution 2023-128 Long-Term Vehicle Parking (A) Monthly 50.00 Resolution 2023-128 Annual Commercial Aviation Permit Fee (A) Yearly 150.00 Resolution 2023-128 Air Ships Mooring Fee (A) Per liner ft/day 1.00 New, see staff report Gate Card Replacement Fee (A) 20.00 Resolution 2023-128 Gate Remote Fee (A) 75.00 New, see staff report
Hangar Key Purchase - additional key (A) Per key 5.00 Resolution 2023-128 Hangar Re-core (A) 87.00 Resolution 2023-128
Hangar Wait List Deposit for T-Hangars (A) 204.00 Resolution 2023-128 Hangar Wait List Deposit for Box Hangars (A) 365.00 Resolution 2023-128 Fuel Flowage Fees - per gallon delivered 0.11 up to 750k;

0.13 up to 900k;

0.15 above 900k
Resolution 2023-128
Commercial Filming Fees (up to 8 hours, plus $500 per hour thereafter. Staff assistance charges are separate)
On Airport operations area (A) 2,500.00 Resolution 2023-128 On Landside public area (A) 1,000.00 Resolution 2023-128 Beyond eight (8) hours (A) Hour 500.00 Resolution 2023-128 Filming assistance
Airport safety staff (A) Hour 125.00 Resolution 2023-128 Airport management staff (A) Hour 163.00 Resolution 2023-128 Hangar Administration Fee (A) 50.00 Resolution 2023-128 Late Charges and Interest***
Late Charges if monthly rent not paid by the 10th day of each month 5% of Monthly Resolution 2023-128 Interest on late payments Monthly 0.5% Resolution 2023-128 Conference Room Rental and Related Fees (A)
Cleaning fee Per event 50.00 New, see staff report
Group rental
City of Livermore, Livermore Airport Per event Free New, see staff report Livermore Airport established aviation groups, clubs or organizations Per event Free New, see staff report Non-resident, non-aviation groups Hour 50.00 New, see staff report Other Fees
Damage Deposit: Released following conclusion of event(s) Hour 300.00 New, see staff report Airport Attendant on Duty: After hours, 2-hour minimum Hour 200.00 New, see staff report Each hour beyond 2 hours Hour 80.00 New, see staff report Equipment Usage
LCD monitor Per event 25.00 New, see staff report
Conference Phone Per event 25.00 New, see staff report
*** If all charges are not paid within 30 days from the due date, the City may terminate the lease. (A) = Rate is fixed, not subject to annual CPI change.

Airport Fees

EXHIBIT A
355
CITY COUNCIL STAFF REPORT ITEM NO. 6.2
DATE: June 24, 2024
TO: Honorable Mayor and City Council
FROM: Jeramy Young, Police Chief
SUBJECT: Hearing on Police Department Tow Franchise Proposals for RFP & Q No. 4262 to grant a non-exclusive tow franchise agreement, for a five-year term, from July 1, 2024 - June 30, 2029

RECOMMENDED ACTION
Staff recommends the City Council authorize the City Manager to grant a non-exclusive tow franchise agreement, for a five-year term, commencing July 1, 2024, and ending June 30, 2029, in substantial conformance to Exhibit A to the resolution to the following companies:

1. Action Road Solutions DBA Jack James Tow Service,

2. Central Towing & Transport, LLC,

3. ITN Holdings, LLC DBA First Street Tow,

4. Golden State Fleet Services, and

5. Norm’s Tow Service

SUMMARY
On October 12, 2016, the City of Livermore adopted revised Ordinance 5.44 creating the opportunity for tow companies to submit qualifications for consideration to be placed and maintained on a rotation tow list with the Livermore Police Department. A Request for Proposal & Qualifications (RFP & Q) No. 4262 was published on March 26, 2024 to identify tow truck operators intending to operate as franchisees for the City of Livermore. Five tow truck operators submitted proposals to provide towing services as provided in Chapter 5.44.

DISCUSSION
On March 26, 2024, the City of Livermore published an RFP & Q No. 4262 for nonconsensual police towing service for the Livermore Police Department (LPD). To ensure a fair and objective RFP & Q, the process was conducted by the City of Livermore Purchasing Department. The RFP & Q was sent to interested operators, published in the Valley Times, and posted on www.PublicPurchase.com. RFP & Q No. 4262 was published with the following schedule:
356
RFP/Q published - March 26, 2024
Mandatory pre-bid conference meeting - April 8, 2024
Proposals due - April 18, 2024
Approval of tow franchise agreement - May 23, 2024
The City has the authority under state and federal law to regulate a tow franchise within its boundaries and to charge a reasonable fee to reimburse the City for the costs of administering such franchise. The following tow operators have submitted proposals to provide nonconsensual police towing services for the LPD as part of the franchise agreement: Action Road Solutions DBA Jack James Tow Service; Central Towing and Transport, LLC; ITN Holdings, LLC DBA First Street Tow; Golden State Fleet Services; and Norm’s Tow Service. Three of the proposed franchisees, Central Towing & Transport, LLC, ITN Holdings, LLC DBA First Street Tow, and Norm’s Tow Service, are currently providing nonconsensual police towing services for the City of Livermore under the current franchise agreement due to expire on June 30, 2024. All the aforementioned potential franchisees met the RFP & Q requirements.

As part of the proposal, all potential franchisees submitted hourly rate fee schedules and storage rates that would be included in the franchise agreement. They based their proposed rates on their bids to the California Highway Patrol (CHP). CHP conducts a fee acceptance process related to tow franchise rates charged throughout the state to keep the fees schedules reasonable and competitive. All proposed rates for the City of Livermore fell between $280-300/hour for Class-A tows and $100-150/day for storage (dependent on indoor vs. outdoor). These rates are contained in Attachment 1, Checklist and Tabulation, and are in compliance with acceptable CHP rate standards.

Since the 2018 implementation of the current tow franchise agreement, the LPD has experienced an increased need in tow services for recreation vehicles (RVs) and boats longer than 15-feet. Under the 2018 agreement, only three of the five franchisees possessed the necessary equipment to tow these items when the LPD requested services. Therefore, the RFP & Q No. 4262 requirements were updated in two areas compared to the 2018 agreement. Under RFP & Q No. 4262, the franchisees are required to have one medium-duty tow truck (class B), and one heavy-duty tow truck (either a Class C or Class D). This requirement gives the LPD the same level of service from each franchisee, equality amongst each franchisee when summoned for a non-consensual tow from LPD, and the ability to tow the RVs and boats. To offset the franchisees’ costs of properly disposing of RVs and boats longer than 15-feet, the RFP & Q No. 4262 included the ability for the LPD to reimburse a franchisee up to $2,500 for the disposal and dismantling of an RV or boat. Franchisees’ costs to dispose and dismantle an RV and boat are significant for properly dismantling, and disposal of hazardous waste/materials such as fuels, engine fluids, and human waste. The franchisee reimbursement up to $2,500 is an incentive to tow the requested item rather than refuse towing it.

The criteria used in evaluating the proposals received were a method of approach; qualifications and experience; and the proposed equipment and facilities. All proposals have been reviewed by staff and all submitted proposals meet the requirements of the RFP & Q. Historically, the number of franchisees for nonconsensual police towing service agreements ranged between one and five. This RFP & Q did not require multiple franchisees.

All the potential franchisees are currently on rotation with the CHP and have passed CHP inspections.

FISCAL AND ADMINISTRATIVE IMPACTS
357
Costs related to the administration of the tow franchise program are expected to be recovered under the tow franchise fee schedule, which all granted franchisees would be required to pay on an equally shared basis. The annual shared cost among participating franchisees will be $17,000 on the first year, with a 5% escalator built into the fee schedule.

Additionally, as part of the proposal, the LPD will reimburse a franchisee up to $2,500 for towing a recreational vehicle (RV) and/or boat longer that 15-feet. This is to help offset the franchisees’ costs to properly dismantle, dispose of hazardous waste/material to include fuels, engine fluids, and human waste.

COMMUNITY PILLAR
1: A Safe Community that Thrives
GOAL
2: Public Safety

ATTACHMENTS

1. RFP & Q No. 4262 Checklist & Tabluation

2. Resolution

3. Exhibit A - Substantial Conformance Agreement
Prepared by: John Reynolds
Police Captain
Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
358
Received on
time (Y/N)
References
Supplied
(Y/N)
Medium to
Super Heavy
Duty Rig
Affidavit
Signed (Y/N)
Acknowledgement
Form Signed (Y/N)
Attachment
"C" Filled
Out (Y/N)
Copy of CHP
Inspection
Report
Included
(Y/N)
The primary
business, storage
facility, and records
within the City
(Y/N) Rates Additional Rates

Y Y Y Y Y Y Y
Class A=$300 p/h/$105 inside/$100 outside
Class B=$395 p/h/$150 outside Class C=$500
p/h/$150 outside Class D= $600
p/h/ $150 outside
10% weekends and holiday
$395.00Tractor & Landoll Trailer $350
3 Axle Tractor 25%
Rental/Skilled Labor Markup

Y Y Y Y Y Y Y
Class A=$300 p/h/$125 inside &outside Class
B=$375 p/h/$135 inside & outside Class
C=$575 p/h/$150 inside & outside
Class D= $665 p/h/ $150 inside & outside
$125 Labor (non skilled)

Y Y Y Y Y Y Y
Class A=$300 p/h/$110 inside &outside Class
B=$400 p/h/$250 inside & outside Class
C=$525 p/h/$250 inside & outside
Class D= $650 p/h/ $250 inside & outside
$100ph Extra person
$300ph Recovery/Windching
$175ph Service Calls

Y Y Y Y Y Y Y
Class A=$280 p/h $106 inside/ 105 outside
Class B=$370 p/h $155 inside/$130 outside
Class C=$500 p/h $175 inside/$130 outside
Class D= $625 p/h $225 inside/$130 outside
20% Rental/Skilled Labor Markup $500
435B Landol Trailer $275 6k
Forklift

Y Y Y Y Y Y Y
Class A=$300 p/h/$100 inside &outside Class
B=$400 p/h $125 outside Class C=$500
p/h/$150 outside Class D =$650
p/h/ $150 outside
15% Rental/Skilled Labor Markup $100
Skilled Labor $100 Extra
Man for Recovery, riger, lumper

RFP/Q OPENING CHECKLIST & TABULATION
RFB: 4262 ROTATIONAL TOW SERVICE FOR POLICE DEPARTMENT
Closing date: 04/18 at 3PM
Golden State Fleet
Service
Action Road Solutions
DBA Jack James Tow
Service
All proposals submitted are reflected
on this spreadsheet. However, the
listing of any proposal should not be
construed as any indication that the
City of Livermore accepts any/such
submission as complete or
responsive. VENDOR NAME

CENTRAL TOWING &

TRANSPORT, LLC
Norm's Tow Service LLC
ITN Holdings, LLC
DBA First Street Tow

ATTACHMENT 1
359
RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION GRANTING NON-EXCLUSIVE TOW FRANCHISES
On October 12, 2016, the City of Livermore (“City”) amended Livermore Municipal Code Chapter 5.44 and created the opportunity for tow companies to submit qualifications for consideration to be placed and maintained on a rotation tow list with the Livermore Police Department to provide non-consensual towing services.

On March 26, 2024, a Request for Proposal and Qualifications (RFP/Q) for towing services was published with a response date of April 18, 2024.

The following tow operators submitted proposals to provide non-consensual tow services to the Police Department: Action Road Solutions DBA Jack James Tow Service; Central Towing & Transport, LLC; ITN Holdings, LLC DBA First Street Tow; Golden State Fleet Services; and Norm’s Tow Service. Except for Action Road Solutions DBA Jack James Tow Service and Golden State Fleet Services, all the proposed franchisees are currently providing tow services for the City of Livermore.

City staff reviewed the proposals, and all the tow companies met the RFP/Q requirements and specifications.

Within 30 days of granting the franchises, the City will enter into a Non-Exclusive Franchise Agreement for Tow Services with the tow companies, as required by Livermore Municipal Code section 5.44.090.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that it hereby grants a non-exclusive tow franchise to the following companies:
a. Action Road Solutions DBA Jack James Tow Service
b. Central Towing & Transport, LLC
c. ITN Holdings, LLC DBA First Street Tow
d. Golden State Fleet Services
e. Norm’s Tow Service
BE IT FURTHER RESOLVED that the City Council of the City of Livermore hereby authorizes the City Manager to execute Non-Exclusive Franchise Agreements for Tow Services on behalf of the City of Livermore with the approved tow companies, in substantial conformance with the agreement, attached hereto as Exhibit A.

On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on June 24, 2024, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
360
RESOLUTION NO. ________
ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Katherine Mirassou
Deborah L. Elam Katherine Mirassou
Acting City Clerk Deputy City Attorney
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Non-Exclusive Franchise Agreement for Tow Services Page 1 Rev. 05/2024

NON-EXCLUSIVE FRANCHISE AGREEMENT

FOR TOW SERVICES

BETWEEN
CITY OF LIVERMORE AND ___________
This Non-Exclusive Franchise Agreement for Tow Services, hereinafter referred to as “Agreement”, is entered into this __________day of _____________, 2024 (“Effective Date”), at Livermore, California, between the City of Livermore, a municipal corporation (“City”) and ___________(“Franchisee”)(collectively, the “Parties”).

RECITALS

1. Pursuant to California Vehicle Code section 22660 and section 5.44.030 of the Livermore Municipal Code, the City has the authority to grant a non-exclusive franchise to a tow service franchisee to provide towing services for the abatement and removal of abandoned, wrecked, dismantled, or inoperative vehicles or parts thereof from private or public property, and to impound and provide storage of such vehicles as ordered and designated by authorized members of the Livermore Police Department.

2. The City, for the purpose of ensuring the continued protection and preservation of the public health, welfare and convenience of the citizens of Livermore, desires to award a non-exclusive towing franchise to Franchisee for towing services within the City.

3. Franchisee desires to provide such towing services upon the terms and conditions set forth herein.

AGREEMENT
Now, therefore, the Parties enter into this Agreement on the following terms and conditions:

This Agreement contains rules and regulations that Franchisee, including the company, its owner(s), and its manager(s) who have authority to enter into this Agreement with the City for towing services and to conduct business in accordance with the terms of this Agreement, and its employees, agrees to comply with in order to receive a rotation tow listing with the City of Livermore Police Department (“LPD”). Franchisee shall, pursuant to this Agreement, provide towing and storage services for public safety response calls regardless of the value of the vehicle or vehicles to be towed and stored, and regardless of the nature of the public safety response call (including collisions, DUI, abandoned vehicle abatement, and all other calls for service by LPD) (“Rotation Tow Program”). Participation in the City’s Rotation Tow Program is voluntary. A Franchisee, by agreeing to participate in the Rotation Tow Program, is not acting as an agent for the LPD or the City when performing services under this Agreement. Compliance with all terms and conditions of this Agreement is mandatory for tow companies participating in the City’s Rotation Tow Program.

EXHIBIT A
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Non-Exclusive Franchise Agreement for Tow Services Page 2 Rev. 05/2024
Section 1. TOWING
A. The City of Livermore Police Chief (“Chief”) shall establish towing procedures for the distribution of calls that meet the needs of the LPD with regards to response time and capability of tow services within the city. The Chief shall also determine the maximum response time, enrollment period, reasonable rates, and minimum number of trucks.

B. The Chief shall designate an employee as the Tow Coordinator who shall be the individual responsible for the administration of this Agreement on behalf of the City, including acting as the contact person for any questions pertaining to the interpretation and implementation of the terms and conditions of the Agreement. The Tow Coordinator shall also operate as the day to day operations manager of the Rotation Tow Program. The name and contact information of the Tow Coordinator shall be provided to all Franchisees.

Section 2. ROTATION TOW LISTS
A. LPD shall maintain a rotation tow list in efforts to provide an equitable distribution of calls. A call to a Franchisee shall constitute one turn on the list after which the Franchisee shall be moved to the bottom of the list. When Franchisee refuses or fails to respond, provide service, or arrives to the location of the tow more than thirty (30) minutes after being called by LPD, Franchisee may be removed from the rotation tow list for one rotation, thereby forfeiting any right to its next tow. It is the responsibility of the Franchisee to coordinate with LPD dispatch to ascertain the location of the officer and tow site. If it is determined by LPD that Franchisee is no longer needed or the tow request is canceled by LPD, up to and including upon arrival at the scene, there shall be no charges and Franchisee will be placed back at the top of the rotation list.

B. If two or more tow truck drivers are called to the same incident, distribution of the vehicles shall be at the discretion of the LPD officer in charge of the scene.

C. LPD may direct Franchisee to move vehicles to help clear a roadway or for lifesaving operations. Franchisee shall provide the assistance as directed and will not be entitled to additional compensation for this assistance. The assistance provided shall not change Franchisee’s place in the rotation.

D. LPD may conduct special operations throughout the year that requires tow companies at the location of the special operation. Franchisees on the rotation tow list that are in good standing with LPD may be invited to participate in these operations on the condition that they are willing to remain with the special operation until its conclusion. “Good standing” shall mean that the Franchisee has not been held to have violated, or is not in violation, of the terms of this Agreement.

E. Tow driver(s) will not be permitted to drive a vehicle from an LPD rotation call or special operation. In circumstances where an officer has safety concerns, he/she

EXHIBIT A
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Non-Exclusive Franchise Agreement for Tow Services Page 3 Rev. 05/2024
may direct that a vehicle be driven to a location where it may be properly towed.

Section 3. NON DISCRIMINATION
In the performance of this Agreement, Franchisee agrees that it will comply with the requirements of the California Fair Employment and Housing Act, California Government Code sections 12900, et seq. that Franchisee will not engage in discrimination in employment of persons because of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status of such persons. Franchisee acknowledges that a violation of this provision shall subject the franchisee to sanctions, fines, and penalties outlined in the California Fair Employment and Housing Act.

Section 4. TERM
The initial term of this Agreement shall be for a total period of five (5) years commencing on the effective date of this Agreement. City shall have the right, at its sole discretion, to extend the Agreement to any or all of the Franchisees for one additional three (3) year period. If the City exercises its option to extend, City shall notify Franchisee sixty (60) days prior to the expiration of the Agreement. In the event that City extends the Agreement, the Parties shall enter into a written amendment. None of the terms of this Agreement or any subsequent documents shall be construed directly or by implication as guaranteeing any Franchisee that this Agreement shall be extended, collectively or individually.

Section 5. TOW TRUCK REQUIREMENTS
A. Required Tow Trucks. The operator must have and maintain a minimum of five tow trucks in service at all times that comply with the specifications and requirements of this agreement.

1. The five tow trucks must include at a minimum:
a) one Class A-light duty,
b) one Class B-medium duty, and
c) one Class C or D – heavy duty.

All tow trucks must be owned or leased by the operator.

B. Tow Truck Specifications. The operator must equip and maintain all tow trucks owned, or leased in accordance with the provisions set forth in the California Vehicle Code, Title 13 of the California Code of Regulations, the specifications contained in this Agreement, and consistent with industry standards and practices. Each class of tow truck required or proposed to satisfy this agreement must meet the following requirements.

1. Class A - Light Duty. All Class A – light duty tow trucks must have a

EXHIBIT A
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Non-Exclusive Franchise Agreement for Tow Services Page 4 Rev. 05/2024
manufacturer's GVWR of at least 14,000 pounds.

2. Class B – Medium Duty. All Class B – medium duty tow trucks must have a manufacturer's GVWR of at least 33,000 pounds. The truck must be equipped with air brakes and a tractor protection valve or device, be capable of providing and maintaining continuous air to the towed vehicle.

3. Class C - Heavy Duty. All Class C tow trucks must have at least threeaxles and a GVWR of at least 52,000 pounds. The truck shall be equipped with air - brakes and must be capable of providing and maintaining continuous air to the towed vehicle.

4. Class D – Super Heavy Duty. All Class D tow trucks must have at least three-axles and a GVWR of at least 54,000 pounds. The truck shall be equipped with air - brakes and must be capable of providing and maintaining continuous air to the towed vehicle.

Section 6. TOW TRUCK DRIVERS
A. Franchisee shall ensure that the tow truck drivers are trained and proficient in the use of the tow truck and all related equipment, including, but not limited to, the procedures necessary for the safe towing and recovery of the various types of vehicles serviced through LPD. Tow truck drivers shall be at least 18 years of age and shall possess the proper class license(s) and certificate(s). All training documentation shall be submitted to LPD for each tow truck driver. Any driver whose training documentation is over five (5) years old shall resubmit current proof of training documentation from a California Highway Patrol (“CHP”) approved program.

B. Franchisee shall provide a current list of tow truck drivers and employees to the LPD upon execution of this Agreement. Franchisee shall immediately notify LPD upon any changes in driver or employee(s) status, including the addition of any new driver(s) and/or employee(s), or the deletion of any driver(s) or employee(s). Before any drivers or employees participate in the Rotation Tow Program, the driver or employee must first pass a criminal background and driving record check performed by the LPD.

Additionally, all drivers must be enrolled in the Pull Notice Program as required by the California Vehicle Code. Franchisee will be notified in writing upon LPD’s approval of any driver. Thereafter, the driver or employee will be qualified to work for or perform tows on behalf of Franchisee. No driver can participate in the Rotation Tow Program unless they have been approved by LPD.

C. Franchisee shall, at a minimum, maintain the following information for each employee:

1. Full legal name

2. Date of birth

3. California driver’s license number

4. Copy of valid medical certificate (if required)

EXHIBIT A
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Non-Exclusive Franchise Agreement for Tow Services Page 5 Rev. 05/2024

5. Job title/description

6. Current home address

7. Current home phone number

8. Type(s) of truck(s) the driver(s) has/have been trained to operate

9. Current Pull Notice as required by California Vehicle Code section 1808.1.

D. All tow vehicle drivers and Franchisee shall be enrolled in the Pull Notice Program as defined in the California Vehicle Code section 1808.1 et seq. Upon hiring of new driver(s), Franchisee will be granted a maximum of (30) thirty calendar days to enroll the driver(s) in the Pull Notice Program. Pull Notices shall be kept on file, signed, and dated by the Franchisee. The Tow Coordinator may require the Franchisee to provide copies of the Pull Notice Reports.

E. If Franchisee, tow truck driver, or employee of Franchisee has been removed, suspended, disciplined by any other public agency, including but not limited to CHP, Franchisee must notify the Tow Coordinator in writing not later than twenty-four (24) hours of receiving notice of the action by the other public agency. Nothing herein shall be deemed to prohibit LPD from immediately suspending any Franchisee or employee whose conduct, in the sole discretion of the Chief, is deemed to threaten the health, safety or welfare of the public or who has engaged in conduct in violation of this Agreement.

F. For services that Franchisee provides to City under this Agreement, Franchisee shall not use or dispatch personnel who:

1. Are required to register as a sex offender under California Penal Code section 290;

2. Have been convicted of any one or more of the following offenses within the last ten (10) years:
a. California Health & Safety Code sections 11350 to 11391.5 (Possession, use, and sale of controlled substances); and b. California Vehicle Code sections 10851 to 10855 (Theft or unlawful taking of vehicle or vehicle parts).

3. Have been convicted of any one or more of the following offenses within the last seven (7) years:
a. California Vehicle Code sections:
i. 14601.3 (Habitual traffic offender);

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Non-Exclusive Franchise Agreement for Tow Services Page 6 Rev. 05/2024
ii. 14601.4 (Causing bodily injury to another while driving with license suspended or revoked);
iii. 14601.5 (Driving with knowledge of suspension,
revocation, or restriction of driving privilege);
iv. 20001 (Duty to stop at scene of injury accident);
v. 20003 (Duty of driver upon injury or death);
vi. 20004 (Duty of driver to report accident upon death); vii. 23104 (Reckless driving, bodily injury, prior
conviction); and/or
viii. 23153 (Driving under the influence);
b. California Penal Code sections:
i. 118 (Perjury);
ii. 192 (Voluntary, involuntary, and vehicular
manslaughter);
iii. 241 to 245.5 (Assault and battery);
iv. 529.5 (Deceptive appearance of government-issued
identification cards and drivers’ licenses);
v. 529.7 (Falsely obtaining or assisting others in obtaining official documents issued by the DMV);
vi. 530.5 (Unauthorized use of personal identifying
information to obtain credit, goods, services, or medical information in another person’s name);
vii. 530.6 (Unlawful use of personal identifying information by another); and/or
c. A felony listed in California’s Penal Code, including any felony charged as a misdemeanor under Penal Code section
17(b)(4);

4. Have been convicted of any one or more of the following offenses within the last three (3) years:
a. California Penal Code section 537e (Removal or alteration of

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Non-Exclusive Franchise Agreement for Tow Services Page 7 Rev. 05/2024
manufacturer’s serial or identification mark); or
b. California Vehicle Code sections:
i. 31 (False information to peace officer);
ii. 10501 (False report of theft);
iii. 10750 (Altering or changing vehicle numbers);
iv. 10751 (Unlawful use or possession of manufacturer
serial or identification numbers);
v. 10752 (Possession or sale of manufacturer’s or
governmental serial numbers);
vi. 10801 (Ownership or operation of chop shop);
vii. 10802 (Alteration, destruction, forgery, or removal of vehicle identification numbers);
viii. 10803 (Possession, purchase, sale, or transfer of motor vehicle or parts that have been altered or
defaced);
ix. 12500 (Unlawful to drive without valid license);
x. 14601 (Driving when privileges suspended or revoked
for certain offenses);
xi. 14601.1 (Driving when privileges suspended or
revoked for other reasons);
xii. 14601.2 (Driving when privileges suspended or
revoked for driving under the influence);
xiii. 20002 (Duty of driver after accident when property is damaged);
xiv. 23103 (Reckless driving);
xv. 23104 (Reckless driving, bodily injury, prior conviction); xvi. 23109 (Speed contests);

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Non-Exclusive Franchise Agreement for Tow Services Page 8 Rev. 05/2024
xvii. 23152 (Driving under the influence); or

5. Have been convicted of one or more criminal offenses that, in City’s determination, may:
a. Disqualify the person from operating a vehicle under California or federal law;
b. Impede, hinder, frustrate, delay, or affect this Agreement’s performance; or
c. Increase City’s liability, risk, or exposure.

G. Before beginning the next work shift for Franchisee, Franchisee’s tow vehicle drivers and operators shall report to Franchisee an arrest or criminal conviction for an offense specified in California Vehicle Code section 13377(a) [tow truck driver certificates], subparagraphs (1), (2), or (3). Upon receipt of this information, Franchisee shall not use or dispatch these personnel for the services that Franchisee provides to City under this Agreement.

H. Any tow vehicle drivers that obtain four or more violation point counts in a twelve (12) month period, six (6) or more violation point counts in a twenty-four (24) month period, or eight (8) or more violation point counts in a thirty-six (36) month period, as referred to in California Vehicle Code section 12810.5, shall not be allowed to participate in any tows as part of the Rotational Tow Program.

Section 7. RATES
A. Fees charged for response to non-consensual tows originating from the LPD shall be reasonable, valid and not in excess of those rates charged for similar services provided in response to requests initiated by a public agency or private person.

1. Reasonableness shall be determined as compared to other similar service rates.

2. Validity shall be based upon the following: telephone quotes, invoices, posted rates, charges to retail customers, etc.

B. Rate requirements represent the maximum Franchisee may charge on a LPD dispatched call. In an effort to remain competitive in the open market, Franchisee may lower retail rates at any time by notifying the LPD. If Franchisee lowers the retail rate, that retail rate becomes Franchisee’s new approved rate. Retail rates refers to the usual customary rate charged by the Franchisee to individual retail customers. This is the competitive rate a company has posted in the office and quotes over the telephone.

C. If Franchisee charges rates above the submitted rates for a LPD call without

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approval by the Tow Coordinator as provided in subsection G below, Franchisee shall be subject to disciplinary action.

D. A valid bank credit card or cash payment shall be accepted for payment of towing and/or storage pursuant to California Vehicle Code sections 22651.1 and 22651.07(c)(4). A surcharge shall not be imposed upon a cardholder who elects to use a credit card for payment pursuant to California Civil Code section 1748.1 and California Vehicle Code section 22651.07(c)(4).

E. The approved schedule of rates charged by Franchisee shall be available in the tow truck, and shall be presented upon demand to the vehicle owner/agent for whom the tow service was provided or any LPD officer at the scene where tow service is being provided.

F. There shall be no additional charge for moving (i.e., driving, towing, pushing, utilizing a forklift, etc.) a stored/impounded vehicle from inside Franchisee’s storage yard to the front of the business establishment.

G. Tow Rates

1. The rate for towing should be computed from portal to portal (as defined in Exhibit A) when a vehicle is towed to Franchisee’s storage yard.

2. The time expended for towing a vehicle back to Franchisee’s storage yard should be charged at a rate not to exceed the hourly rate. a. Time expended in excess of the hourly rate shall be
calculated in no more than one-minute increments.
b. There shall be no additional charges for mileage, etc.

3. A clear, itemized, and detailed explanation of any additional service that caused the time to exceed one hour shall be documented on the invoice pursuant to California Vehicle Code section 22651.07(e)(7).

4. Franchisee may submit two retail hourly tow rates to the Tow Coordinator: one rate for calls originating during normal business hours; and one rate for calls originating during non-business hours.

5. Franchisee shall base charges for the class of vehicle being towed or serviced regardless of the class of tow truck used, except when vehicle recovery operations require a larger class tow truck.

H. Service Calls

1. Franchisee may charge up to a thirty (30)-minute minimum per call

EXHIBIT A
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for any service which is performed when the vehicle operator or agent is present and the vehicle is not stored at the direction of an officer or returned to the Franchisee’s storage yard.

2. Rates for a service call (out-of-gas, lockouts, tire changes, etc.) should be from portal to end of service.

3. Charges in excess of a thirty (30)-minute service call may be charged in no more than one-minute increments.

4. A clear, itemized and detailed explanation of any additional service that caused the time to exceed one hour shall be documented on the invoice pursuant to California Vehicle Code section 22651.07(e)(7).

5. Fuel charges for gasoline dispensed on out-of-gas service calls shall be at the prevailing market rate.

I. Fees for Special Operations

1. Fees shall be reasonable and consistent with industry standards for similar operations in the East Bay, California area.

2. If Franchisee is involved in two (2) tow truck salvage and recovery operations, Franchisee may charge a minimum two-hour rate. a. Time expended in excess of the two-hour minimum shall be at the hourly rate in no more than one-minute increments. b. If a second hour is charged, the second hour shall meet the invoicing requirements pursuant to California Vehicle Code section 22651.07(e)(7).
c. If it is determined that only one truck is required, the second truck may claim portal to portal and time expended on scene until determination was made that it was not required.

3. Hourly rates shall be established and submitted annually to the Tow Coordinator for auxiliary and contracted equipment (e.g., airbags, converter gear/dolly, additional trailers, forklift, front loaders, etc.).

4. Franchisee shall submit annually, a mark-up rate for rental equipment and labor not otherwise listed on the Non-Exclusive Franchise Agreement for Tow Services.

5. If Franchisee performs a service for which a required rate was not submitted and approved by the Tow Coordinator, Franchisee shall only be

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entitled to charge for the actual cost of that service plus a markup rate not to exceed ten (10) percent.

6. Any tows where the charge was above the approved hourly rate must be sent in writing to the Tow Coordinator via facsimile or personal delivery within twenty-four (24) hours. In the event that notice is not properly given, the increased rate will be void and the approved hourly rate will apply. A gate fee of no more than one-half the hourly rate may be charged for the release of a vehicle after 5 p.m. on weekdays, or any time on weekends or holidays if Franchisee is not normally open for business on weekends or holidays. There shall be no additional charge for using dollies. Franchisee shall notify Tow Coordinator of any additional fees for specialized equipment, and provide a copy of listed rates for specialized equipment.

7. Recreational Vehicle (RV) and Boats longer than 15 feet: Livermore Police Department will reimburse an operator for the cost of properly disposing a recreational vehicle up to $2,500.00 per vehicle. The operator shall provide documentation of the disposal prior to any reimbursement.

Documentation shall include cost to dismantle, and disposal of hazardous waste/material including fuel, engine fluids and human waste.

J. Lien Fees

1. If a vehicle has been determined to have a value exceeding four thousand dollars ($4,000), pursuant to California Vehicle Code section 22670, the lien shall be satisfied pursuant to California Civil Code section 3071 (California Civil Code section 3074).

2. The lienholder may charge a fee for lien sale preparations not to exceed seventy dollars ($70), for a vehicle valued at four thousand dollars ($4,000) or less and not to exceed one hundred dollars ($100) for a vehicle valued at greater than four thousand dollars ($4,000) (California Civil Code section 3074).
a. These charges may commence when the lienholder requests the names and addresses of all persons who have an interest in the vehicle from the Department of Motor Vehicles
(California Civil Code section 3074).
b. Not more than fifty percent (50%) of the allowable fee may be charged until the lien sale notifications are mailed to all interested parties and the lienholder or registration service agent has possession of the required lien processing
documents (California Civil Code section 3074).

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c. This charge shall not be made in the case of any vehicle redeemed prior to seventy-two (72) hours from the initial storage (California Civil Code section 3074).

K. If Franchisee charges rates in excess of the approved rates for a LPD rotation call, Franchisee shall be in violation of this Agreement and subject to suspension and/or removal from the rotation tow list.

L. Franchisee shall display in plain view at all cashier stations, a sign as described in California Civil Code section 3070, disclosing all storage fees and charges in force and effect, including the maximum daily storage rate.

M. Franchisee must submit to the Tow Coordinator a copy of posted business days and hours. Should Franchisee’s business days and hours change, a written copy shall be submitted to Tow Coordinator within twenty-four (24) hours of the date the change goes into effect. Franchisee shall post in a clearly visible and conspicuous location its hours of operation and an after-hours telephone number.

N. Franchisee shall be able to properly conduct a lien sale as outlined in California Vehicle Code Division 11, Chapter 10, Article 2, beginning with section 22851.

Franchisee must get approval from the Chief or the Chief’s designee prior to placing a lien on any vehicle held for evidence purposes. No lien shall be placed upon any vehicle until the vehicle has been stored for over seventy-two (72) hours. Failure to comply with this Section 7 will result in action in the form of a suspension and/or removal from the rotation tow list.

O. Persons operating or in charge of any storage facility where vehicles are stored shall accept a valid bank credit card or cash for payment of towing and storage by the registered owner, legal owner, or the owner’s agent claiming the vehicle pursuant to California Vehicle Code section 22651.1. Appropriate credit card equipment must be located on the premises and available for immediate processing from each tow truck. If Franchisee refuses to accept a valid bank credit card in the field or at the storage yard, Franchisee shall be liable to the registered owner of the vehicle for three (3) times the amount of the towing and storage charges, but not to exceed five hundred dollars ($500).

In addition, a person operating or in charge of the storage facility shall have sufficient funds on the premises to accommodate and make change for a reasonable monetary transaction. Credit charges for towing and storage services shall comply with California Civil Code section 1748.1. If the vendor pays the surcharge within thirty (30) days of the date of the charge, the Tow Coordinator may waive the penalty.

P. A copy of the schedule of rates charged by Franchisee shall be available in each of the tow trucks, and shall be presented upon demand to the person(s), or his/her agent, for whom the tow services were provided, or to any LPD officer at the scene.

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Q. Franchisee will possess a working fax machine, or electronic equipment that can meet the following specifications: Plain paper fax reception, 600 dpi copy quality, a minimum of 25 pages of memory, and a 150 sheet paper tray. Franchisee must also have a dedicated phone line for the fax machine on their premises. Fax machines shall be available to receive faxes twenty-four (24) hours a day, seven (7) days a week, and three hundred sixty-five (365) days a year.

Section 8. RESPONSE TO CALLS
A. Franchisee, pursuant to this Agreement, shall be available on a twenty-four (24) hour, seven (7) days a week basis. A reasonable response time is defined as thirty (30) minutes or less. Franchisee shall be available to release stored vehicles on a twentyfour (24) hour, seven (7) days a week basis. Response time to the office or storage facility where the stored vehicle is located shall be no more than thirty (30) minutes.

B. In the event Franchisee is unable to respond or will be delayed in responding, the requesting individual from LPD dispatch shall be notified immediately.

City and Franchisee agree that in the event services are delayed or not provided, City will suffer damages and incur other costs and expenses which are difficult to determine. The Parties agree that by a way of fixing the amount of damages, costs and expenses, and not by way of penalty, Franchisee shall pay to City the sum of $125.00 per incident when Franchisee is either (1) delayed more than thirty (30) minutes; (2) is unable to respond; (3) fails to notify the requesting individual from LPD dispatch of any delay or nonresponse.

C. Failure to respond to perform the required towing or service and/or failure to meet the requirements for Franchisee shall constitute failure to comply with the terms and conditions this Agreement and may result in action including but not limited to suspension or revocation of the franchise, in addition to the liquidated damages set forth in Section 8.B. above.

D. When Franchisee will be temporarily unavailable to provide services due to a preplanned or scheduled activity, Franchisee shall notify the Tow Coordinator, in writing, at least twenty-four (24) hours prior to the date that Franchisee will be unavailable; noting the times and dates of unavailability.

Section 9. SCENE CLEANUP
As required under California law, tow truck drivers are to remove from the street all debris resulting from said collisions and to clean the immediate area of such street, this includes the removal or cleaning from the scene of the collision any non-hazardous liquid, glass, or debris from the scene excluding flammable substances. Failure to do so will result in a request for the tow truck driver to return to the scene to complete the cleanup. These duties are inherent in the job and are to be included in the price of the basic

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tow charge. Failure to comply with this Section 9 will result in action in the form of a suspension and/or removal from the rotation tow list.

Section 10. STORAGE FACILITIES
A. Provisions shall be made for adequate security of vehicles and property at Franchisee’s place of storage. Franchisee’s place of storage must have at a minimum a six-foot fence or enclosed area for outside storage and a storage space inside a locked indoor building for at least two (2) vehicles. Storage lot size shall be: a minimum of 5000 square feet; provide room for 20 vehicles; be kept well maintained and clean; and must be located within the limits of the city of Livermore. The primary storage facility shall be at the same location as the business address. If not at the same location, there shall be no charge for any additional distance traveled to and from a secondary location. The vehicle and/or personal property shall be released at the primary storage facility or place of business (when the primary storage facility and the place of business are not at the same location) upon request of the owner or a person having a legal entitlement to the vehicle and/or property. The Franchisee’s primary business, storage facility, and records must be within the city of Livermore.

B. Storage Fees

1. Franchisee may charge storage fees in accordance with California Civil Code section 3068.1 et seq. Inside storage may only be charged when one of the following circumstances exists:
a. LPD authorized the vehicle to be stored inside as evidence; b. LPD authorizes the storage;
c. When requested by the registered owner, legal owner, or insurance company.

2. If Franchisee chooses to store the vehicle inside for safekeeping, they may only charge the outside rate, unless approved by Tow Coordinator prior to release.
a. Franchisee shall release personal property from an
impounded vehicle at the request of the vehicle owner or his/her agent. There shall be no charge for the release of personal property during normal business hours. Franchisee may charge an “after hours” release fee for property released after normal business hours. The fees charged shall be
consistent with the “after hours” vehicle release provisions, and shall not charge more than one-half the hourly rate, as provided in California Vehicle Code section 22851(b).

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Franchisee shall not charge City for any “after hours” access to any vehicle impounded or stored.
b. Personal property is considered to be items located within the stored vehicle that are not affixed to the vehicle, including but not limited to, papers, transportable cellular telephones, pullout radios, portable radios and/or portable stereo equipment, clothes, luggage, tools, etc.

C. Franchisee shall provide a receipt, with a copy placed in the stored vehicle and a copy to LPD, whenever any item is removed from a stored vehicle and taken to another place of storage.

D. Prior to the utilization of new storage facilities not listed on the Franchisee’s proposal for rotation tow listing (attached hereto as Exhibit B), Franchisee shall furnish the address of the new storage facility and obtain the Tow Coordinator’s approval.

Section 11. INSURANCE
A. During the term of this Agreement, Franchisee shall obtain, pay for, and maintain in full force and effect, all policies of insurance required hereunder with an insurance company admitted to do business in the State of California; domiciled within and organized under the laws of, a state of the United States; and carry an A.M. Best rating of no less than "A:VII", unless otherwise deemed acceptable by City’s Risk Manager. Each policy listed below in subsection C must add the City of Livermore, and its officers, officials, employees, and designated volunteers as additional insureds.

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

C. Franchisee shall maintain the following limits of insurance during this Agreement’s term:

1. COMMERCIAL GENERAL LIABILITY INSURANCE which shall
include coverage for bodily injury, property damage, and personal and advertising injury with coverage for premises and operations (including the use of owned and non-owned equipment), products and completed operations, and contractual liability (including, without limitation, indemnity obligations under the Agreement) with limits of not less than the following:
a. $1,000,000 per occurrence for bodily injury and property

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damage;
b. $1,000,000 per occurrence for personal and advertising injury; and
c. $2,000,000 general aggregate limit.

With City’s approval, Franchisee may obtain “Garage Coverage Form” liability insurance, with a “Broadened Coverage – Garages” endorsement, as a substitute for a Commercial General Liability policy.

2. COMMERCIAL AUTOMOBILE LIABILITY INSURANCE which shall include coverage for all owned, hired, and non-owned automobiles or other licensed vehicles with limits of not less than the following:
a. $1,000,000 per occurrence for bodily injury; and
b. $1,000,000 per occurrence for property damage; or
c. $1,000,000 combined single limit.

3. GARAGEKEEPERS LEGAL LIABILITY INSURANCE in an amount not less than $250,000 for each location from which Franchisee furnishes services under this Agreement.

4. ON-HOOK INSURANCE in an amount not less than:

Tow Truck or Flatbed Carrier: Minimum Limit Per Vehicle:
a. Class A $100,000
b. Class B $100,000
c. Class C $250,000
d. Class D $250,000

5. CARGO INSURANCE is an amount not less than $100,000 per vehicle.

6. UNINSURED MOTORIST – BODILY INJURY INSURANCE is an
amount not less than $60,000 each accident

7. WORKERS’ COMPENSATION/EMPLOYER'S LIABILITY as
required by the State of California. A waiver of subrogation is required for workers’ compensation insurance.

D. The Commercial General Liability and Automobile Liability insurance policies shall be endorsed so that Franchisee’s insurance shall be primary and no contribution shall be required of City.

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E. If Franchisee hires, employs, or uses a subcontractor to perform the services described herein, Franchisee shall ensure that the subcontractor meets, and fully complies with, all of the insurance requirements in this Section 11.

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

G. Franchisee shall be responsible for payment of any deductibles contained in any insurance policies required hereunder and Franchisee shall also be responsible for payment of any self-insured retentions. All self-insured retentions (SIR) must be disclosed to City’s Risk Manager for approval and shall not reduce the limits of liability.

Policies containing any self-insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or City.

H. Twenty-one (21) days before the insurance policy’s expiration, cancellation, termination, or nonrenewal, Franchisee shall deliver to City evidence of liability coverage as proof that Franchisee’s insurance has been renewed or replaced with another insurance policy which, during this Agreement’s term, meets all of the insurance requirements described herein. At any time, upon City’s request, Franchisee shall furnish City with a complete copy of Franchisee’s insurance policy or policies for City’s review and approval. Failure to provide to the City a valid certificate (15) fifteen calendar days prior to the expiration of the policy shall result in Franchisee being removed from the rotation tow list until they provide the documentation required under this Agreement. Once the documentation is provided to City, Franchisee shall be reinstated to the bottom of the list. Upon issuance by the insurer, broker, or agent of a notice of cancellation, change or reduction in coverage, Franchisee shall provide City with a new certificate and all applicable endorsements for such policy(ies).

I. Franchisee shall have furnished City with the certificate(s) and applicable endorsements for ALL required insurance prior to City’s execution of the Agreement.

Franchisee shall furnish City with copies of the actual policies upon the request of City’s Risk Manager at any time during the life of the Agreement or any extension, and this requirement shall survive termination or expiration of this Agreement.

J. If at any time during the life of the Agreement or any extension, Franchisee fails to maintain the required insurance in full force and effect, all work under this Agreement shall be discontinued immediately, and all payments due or that become due to Franchisee shall be withheld until notice is received by City that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to City. Any failure to maintain the required insurance shall be sufficient cause for City to terminate this Agreement.

Section 12. INSPECTIONS

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In lieu of an inspection requirement, Franchisee shall provide to the City of Livermore annual certification of compliance with the facilities and equipment requirements outlined in this Agreement. Franchisee shall comply with this requirement by providing to City a copy of State of California Department of California Highway Patrol Forms 234 A Rotation Tow Listing Application and 234 B Tow Truck Inspection Guide.

Copies of these forms demonstrating compliance and approval by the CHP shall act as evidence that Franchisee meets the minimum requirements for facilities and equipment as outlined in this Agreement. No further documentation shall be required; however, failure to provide the required documentation shall constitute default under this Agreement and may result in a suspension or termination of this Agreement.

Section 13. FINANCIAL INTEREST
A. No Franchisee or applicant shall be directly involved in the towing-related business of any other franchisee participating in the City’s Rotation Tow Program. “directly involved” shall mean anything in common between Franchisees with regard to any of the following:

1. Business licenses;

2. Insurance;

3. Tow truck equipment use, rental, or ownership;

4. Employees;

5. Premises; or

6. Performance of this agreement.

B. Storage facilities owned by Franchisee, insured by another Franchisee, shall only be approved if:

1. The Franchisee who owns the storage facility charges for the space exclusively on a flat monthly rate rather than a vehicle-by-vehicle basis, or combination thereof; and

2. Storage facility shared by Franchisees shall be physically separated and secured from each other.

C. Storage facilities leased or rented by Franchisee shall only be approved under the following conditions:

1. The rental fee for the facilities paid as a flat monthly fee, rather than a per vehicle rate or combination thereof; and

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2. Franchisee must be solely responsible for maintaining and operating the storage facility. The responsibility shall not be delegated to any third party by Franchisee.

D. No Franchisee shall refer calls to another Franchisee in contravention of the rotation tow list.

E. The sale or transfer of control of interest in a company shall immediately terminate this Agreement. The new owner(s) may apply to participate in the Rotation Tow Program at any time during the remainder of the current Agreement term, regardless of the City's enrollment.

Section 14. DEMEANOR AND CONDUCT
A. While involved in LPD rotation tow operations or related business, Franchisee and its employee(s) shall refrain from any act(s) of misconduct, including but not limited to any of the following:

1. Rude or discourteous behavior directed towards LPD personnel or citizens for whom service is provided;

2. Lack of service, selective service, or refusal to provide service that the Franchisee should be capable of performing;

3. Any act of harassment and/or discrimination;

4. Unsafe driving practices;

5. Exhibiting any objective symptoms of alcohol and/or drug use; and/or

6. Appearing at the scene of the LPD rotation tow call with the odor of an alcoholic beverage emitting from his/her breath.

B. The tow truck driver shall submit to a preliminary alcohol screening test upon demand of LPD.

C. All tow service complaints received by LPD against Franchisee or its employee(s) will be accepted and investigated in a fair and impartial manner. Franchisee shall fully cooperate with any such investigation. Failure of Franchisee to fully cooperate may subject Franchisee to disciplinary action including termination from the Rotation Tow Program. As a result of the investigation, LPD may initiate disciplinary action as deemed appropriate. Franchisee shall be notified of the finding of any investigation.

D. Should the filing of criminal charges be a possibility, LPD shall conduct the investigation to conclusion or assist in the lead investigation agency and, if warranted, request prosecution.

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E. Any violation of this Agreement or any of the terms of Livermore Municipal Code Chapter 5.44 et seq. is cause for suspension or removal, if deemed appropriate by the Chief.

Section 15. COMPLIANCE WITH LAW
A. Franchisee and its employee(s) shall, at all times, comply with federal, state, and local laws and ordinances, which include, but are not limited to, those laws which are applicable to Franchisee under the terms and conditions of this Agreement. Franchisee shall comply with all Federal Department of Transportation drug and alcohol testing requirements for employees and commercial drivers. Records of compliance with such testing requirements shall be available for inspection during normal business hours.

Failure to comply with such federal, state and local laws may subject the total operated to disciplinary action.

B. The Franchisee shall have a current, valid City of Livermore business license at the time of the award of this Agreement and at all times during the term of this Agreement. All fees, including current or delinquent, must be paid in full C. The provisions contained in this Section 15, Compliance with Law, do not preclude LPD from taking appropriate enforcement or administrative action for any violations of the law.

D. Any conviction of Franchisee involving a stolen or embezzled vehicle, fraud related to the towing business, stolen or embezzled property, a crime of violence, a drugrelated offense, felony driving while under the influence of alcohol and/or drugs, misdemeanor driving while under the influence of alcohol and/or drugs while involved in the LPD rotation call, or moral turpitude shall be cause for denial of application or termination of the Agreement.

E. Franchisee and/or their employees shall not offer any direct or indirect commission, gift, or any compensation whatsoever to any employee of LPD in consideration of arranging or requesting tow service in accordance with California Vehicle Code section 12110(a).

F. Franchisee and/or their employees shall not accept any gratuities from a repair shop for the delivery of a vehicle not owned by the repair shop or tow company, for the purpose of storage or repair in accordance with California Vehicle Code section 12110 (C).

G. A Franchisee shall satisfy a court order in mandating reimbursement to the vehicle or property owner for the damages or loss which occurred while the vehicle was in the operator's custody.

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Section 16. COMPLIANCE WITH THE AGREEMENT
A. The Franchisee agrees, as a condition of the inclusion in the Rotation Tow Program, to comply with the terms and conditions of this Agreement. Furthermore, the Franchisee or Franchisee’s agent agrees that failure to comply with this Agreement shall be cause for disciplinary action (i.e., written reprimand, suspension, termination, or denial of an application).

B. A violation of the equipment requirements related to safety, such as those outlined in Section 5 of this Agreement, shall be cause for immediate suspension. The suspension shall remain in effect until the suspension period is completed and LPD inspects the equipment and concludes the Franchisee is in compliance.

C. A violation of the GVWR and/or safe loading requirement of a tow truck may be cause for disciplinary action. This includes exceeding the tow trucks GVWR, front axle weight rating, rear axle weight rating, maximum tire weight ratings, or not maintaining 50% of the tow trucks laden front axle weight on the front axle when in tow.

D. Charging rates in excess of those submitted in compliance with Section 7 of this Agreement shall be cause for suspension. The suspension shall remain in effect until the suspension period is completed and evidence is provided to LPD that reimbursement was made to the aggrieved customer.

E. A Franchisee providing a response to an LPD call (i.e. those drivers dispatched by the Franchisee’s business) who has not been approved by the LPD, shall be subject to disciplinary action.

F. Franchisee should not record (i.e. videotape or photograph) a scene unless the on-scene investigating LPD officer provides authority to do so for business-related reasons. In the event Franchisee, their driver, or any employee or agent of Franchisee is determined to be in violation of this provision, they will immediately surrender any such recording device and all copies of the event to LPD.

Section 17. DISCIPLINARY ACTION
A. The Chief may take disciplinary action against Franchisee and/or its employees, agents, or drivers for violations investigated and confirmed or sustained. The Chief or his/her designee shall retain discretion regarding the length of any suspension imposed pursuant to the terms and conditions of this Agreement.

B. Records of violations shall be retained by the LPD for at least thirty-six (36) months and may be released pursuant to the California Public Records Act.

C. LPD personnel shall not be offered gratuities and requests for gratuities shall not be honored by Franchisee, and/or its employees, associates, or agents. A

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violation of this Section 17.C. shall be cause for suspension or termination.

D. Failure of Franchisee and/or its employee(s) to comply with Sections 14, 15 or 16 of this Agreement, may be cause for suspension or termination of this Agreement.

E. Failure of Franchisee to comply with the inspection requirements of this Agreement will result in a suspension. The suspension will remain in effect until this period of suspension is completed and Franchisee has complied with the inspection requirement.

F. Failure of Franchisee to send tow truck drivers on LPD calls who are qualified and competent employees shall be cause for suspension. The suspension will remain in effect until the period of suspension is completed and Franchisee has presented proof to the LPD that the driver is qualified and competent.

G. Failure of the Franchisee to maintain the minimum insurance requirements set forth in this Agreement shall be cause for immediate suspension of the Franchisee and/or termination of this Agreement. The Franchisee shall also be subject to additional suspension for failure to notify the LPD in advance of the insurance policy expiration and/or cancellation.

H. Failure of Franchisee to satisfy a court order (including administrative orders issued by an administrative hearing officer for the City or orders by the City Council) mandating reimbursement to the vehicle or property owner for the damage or loss that occurred while the vehicle was in his or her custody will result in a suspension and/or removal from the Rotation Tow Program. The period of the suspension shall be determined by the Chief or his/her designee. The suspension will remain in effect until the period of suspension is completed and Franchisee has presented proof of reimbursement to the vehicle or property owner.

I. If Franchisee is serving a suspension, or has been removed from consideration as a Franchisee under the Rotation Tow Program, he/she shall be required to execute and comply with all terms and conditions of the Agreement in effect at the time of the reinstatement. There should be no approval of equipment that is not in compliance with the equipment specifications contained in the Agreement in effect at the time of reinstatement. Sections of this Agreement which are commonly referred to as “grandfather clauses" shall not apply to such a franchisee who is suspended or has been removed from consideration for any period of time.

J. If terminated or suspended, Franchisee and the total business he/she owned at the time of the suspension or termination (as defined in Exhibit A) shall not be eligible for the Rotation Tow Program for the duration of the suspension or termination.

This provision applies to the Franchisee working in any capacity within any tow business or operating any tow business, and to the total business, even if operated under new ownership.

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K. Nothing herein shall be deemed to prohibit LPD from immediately suspending any Franchisee whose conduct, or that of its employee(s), in the discretion of the Chief, is deemed to be a danger to the health or safety of others or one who has engaged in conduct constituting a violation of this agreement.

Section 18. APPEALS
A. An appeal hearing shall be granted, upon Franchisee’s request, within ten (10) calendar days from the date of mailing of the notice of the suspension under the provisions Livermore Municipal Code section 5.44.120.

B. LPD shall provide written notification to the Franchisee requesting a hearing acknowledging receipt of the hearing request and assigning a hearing date.

C. The hearing shall be conducted by the City Manager and Franchisee shall be entitled to present all relevant facts and circumstances in support of the Franchisee’s position.

D. The Franchisee shall be entitled to present witnesses and be represented by the person of their choice during the hearing.

E. The Franchisee shall be notified in writing of the City Manager’s decision(s) within ten (10) business days of the date of completion of the hearing.

F. The City Manager’s decision shall be final and therefore not subject to any further administrative appeal.

G. Disciplinary action shall not take effect until the hearing and appeal process has been exhausted, with the exception of a Franchisee whose conduct is deemed to be a danger to the motoring public or whose behavior continues to violate the terms and conditions of this Agreement.

H. If a Franchisee fails to request a hearing or appeal within the specified time, or fails to appear at a scheduled hearing, or appeal the action taken by the City Manager, the action shall be deemed final and the disciplinary action shall take effect upon written notification to Franchisee by the City Manager.

Section 19. NOTICES
Any notice required or intended to be given to either party under the terms of this Agreement shall be in writing and shall be deemed to be duly given if delivered personally or deposited into the United States mail, with postage prepaid. It is Franchisee’s responsibility to inform the Tow Coordinator of any changes of address or contact information. Notice to the employee and/or agent shall be deemed properly delivered

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when sent to the address on record with the Tow Coordinator.

Notices to City shall be sent to: City of Livermore Police Department Attention: Tow Coordinator
1110 S. Livermore Avenue
Livermore, CA 94550
925-371-4900
Notices to Franchisee shall be sent to:

Section 20. WAIVER
Failure to insist upon the strict performance of any term or conditions in this Agreement, no matter how long the failure continues, is not a waiver of the term or condition and does not bar the right to subsequently demand strict performance. To be effective, a waiver must be in writing and signed by the non-breaching party.

Section 21. GOVERNING LAW AND VENUE
This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California. Venue for purposes of the filing of any action regarding the enforcement or interpretation of this Agreement and any rights and duties hereunder shall be Alameda County, California.

Section 22. SEVERABILITY
If a court of competent jurisdiction determines a provision in this Agreement is invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force and effect without being impaired in any way.

Section 23. EXHIBITS
Each exhibit referenced in this Agreement is, by the reference, incorporated into and made a part of this Agreement.

Section 24. EXTENT OF AGREEMENT
Each party acknowledges that he/she has read and fully understands the contents of this Agreement. This Agreement represents the entire and integrated agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be modified only by written instrument duly authorized and executed by both the City and Franchisee.

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Section 25. MAINTENANCE OF RECORDS
A. The Franchisee shall maintain and make available for review all records relating to tow services performed pursuant to this Agreement, during the term of the Agreement as well as two years after the Agreement is no longer in effect. The records will be maintained at Franchisee’s place of business. Invoices shall at a minimum include a description of each vehicle, nature of service, start time, end time, location of call, itemized costs of towing and storage, the tow truck driver’s name, and truck used.

B. The Franchisee shall also maintain business records relating to personnel, insurance, personnel taxes, payroll, applicable operating authorities, local operating authorities, lien sale actions, Federal Communication Commission licensing, and nonLPD tows.

C. LPD may inspect all Franchisee tow service records without notice during normal business hours. Franchisee shall permit LPD to make copies of business records at their place of business, or to remove business records for the purpose of reproduction.

LPD shall provide a receipt for any original records removed from the place of business.

Section 26. INDEPENDENT CONTRACTOR
A. In the furnishing of services provided for herein, Franchisee and its employee(s) are acting as independent contractors. Neither Franchisee, nor any of its officers, associates, agents, or employees shall be deemed an employee of the City of Livermore, including the LPD, for any purpose.

Section 27. ASSIGNMENT
A. This Agreement is personal to Franchisee and there shall be no assignment by Franchisee of its rights or obligations under this Agreement without the prior written consent of the City. Any attempted assignment by Franchisee, its successors or assigns, shall be null and void unless approved in writing by the City, and shall be cause for termination of this Agreement.

Section 28. HEADINGS
A. The section headings in this Agreement are for convenience and reference only and shall not be construed or held in any way to explain, modify, or add to the interpretation or meaning of the provision of this Agreement.

Section 29. INDEMNITY
A. Franchisee shall indemnify, hold harmless, and defend City and each of its officers, officials, employees, agents, and volunteers from any and all loss, liability, fines,

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penalties, forfeitures, costs, and damages (whether in contract, tort, or strict liability, including but not limited to personal injury, death at any time, and property damage) incurred by City, Franchisee, or any other person, and from any and all claims, demands, and actions in law or equity (including attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirectly out of performance of this Agreement.

Franchisee’s obligations under the preceding sentence shall apply regardless of whether City or any of its officers, officials, employees, agents, or volunteers are actively or passively negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs, or damages caused solely by the active negligence or by the willful misconduct of City or any of its officers, officials, employees, agents, or volunteers.

B. This Section 29 shall survive termination or expiration of this Agreement.

Section 30. ADVERTISING
A. The Franchisee shall not display any sign or engage in any advertisement indicating its official or unofficial affiliation with LPD. Examples include, “Official Livermore Police Department Tow”, “Approved by Livermore Police Department," “Livermore Police Department Rotation Tow,” etc.

B. This shall not preclude the Chief from implementing a system to mark and identify particular tow trucks as having passed LPD inspection.

Section 31. FRANCHISE FEES
A. During the term of this Agreement, as consideration for the non-exclusive franchise right to participate in the Rotation Tow Program, Franchisee shall pay to the City a franchise fee in the amount as set forth by resolution of the City Council, as may be amended (“Franchise Fee”).

B. The initial Franchise Fee shall be due and payable in full at the time of Franchisee’s approval to participate in the Rotation Tow Program.

C. Subsequent to the initial Franchise Fee referenced in Section 31.B. above, annual Franchise Fees shall be due and payable on April 1st of each year. Payments not received by April 30th shall be delinquent. Delinquent and/or non-payment of the Franchise Fee shall be grounds for suspension or termination of this Agreement.

D. Any Franchise Fee which remains unpaid after April 30th shall be delinquent and shall result in an immediate penalty equal to 10% of the unpaid amount. The unpaid amount should thereafter accrue interest at 10% per annum until paid.

E. In the event of a suspension or termination of a Franchisee, Franchisee shall forfeit any fees paid to the City. Franchisee waives any and all claims or rights to collect back from the City any amounts collected by the City pursuant to this program.

EXHIBIT A
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Non-Exclusive Franchise Agreement for Tow Services Page 27 Rev. 05/2024
F. A payment to the City by the Franchisee pursuant to this Section 31 shall be in addition to any license fee or business tax prescribed by the City for the same period.

G. By accepting this Agreement, the Franchisee irrevocably waives the defense of the statutes of limitations, laches, waiver, or other equitable doctrine of similar import or effect any action brought by the City to recover any franchise fee, interest, or penalties due under this Agreement.

H. By accepting this Agreement, Franchisee agrees that if it challenges the right of the City to collect a Franchise Fee provided by this Agreement, any relief requested by Franchisee and awarded to it by virtue of such challenge shall be prospective only from and after the date of the filing of the initial pleading seeking such relief in a court of competent jurisdiction. Franchisee hereby waives any and all claims or rights to collect back from the City, or obtain credit against future payment obligations, any amounts collected by the City prior to the filing of the initial pleading seeking such relief. In the event Franchisee's challenge to any Franchise Fee payment should result in an initial judgment in its favor, Franchisee shall continue to make all Franchise Fee payments in accord with this Agreement pending an appeal by the City. If the court of appeal, or trial court determines the City is not entitled to collect any or all of the Franchise Fees, the City shall refund to Franchisee those portions of the Franchise Fee which the court deemed the City was not entitled to collect, which are made subsequent to the filing of the initial action by Franchisee, exclusive of interest on such amount.

I. The City shall retain the right to impose alternative forms of fees in the event that Franchise Fees provided for in this Agreement did not adequately cover the actual and reasonable costs of the Rotation Tow Program and/or are no longer accessible due to subsequent changes in federal, state, or local law.

Section 32. CANCELLATION
A. Either party may terminate this Agreement at any time before the normal expiration of the term by giving thirty (30) days prior written notice to the other party. Upon termination of the Agreement by Franchisee under this Section 32, City shall remove Franchisee from the Rotation Tow Program. Franchisee shall not be entitled to reimbursement of any portion of the annual Franchise Fee previously paid to City. *************************************************************************************************** Signatures and Attachment List on the Next Page

EXHIBIT A
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Non-Exclusive Franchise Agreement for Tow Services Page 28 Rev. 05/2024
I certify that I have read and understand this Non-Exclusive Franchise Agreement for Tow Services and agree to abide by all the provisions. The Franchisee, and the agents and employees of the Franchisee, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the City.

Dated:
___________________________
Dated:
____________________________
FRANCHISEE:
____________________________
By:

Title:

CITY OF LIVERMORE:
____________________________
Marianna Marysheva
City Manager
APPROVED AS TO FORM:
___________________________
Assistant/City Attorney
Attachments:

Exhibit A – Definitions

EXHIBIT A
389
Non-Exclusive Franchise Agreement for Tow Services – Exhibit A Definitions

EXHIBIT A
Section 1. DEFINITIONS

1.1 “Portal to Portal” means service shall start at the time of departure from the place of business or point of dispatch, whichever is closer to the location of the call, and shall in at the estimated time or return to the place of business or the completion of the call, if another call is pending, whichever is shorter. Return to place of business includes a reasonable and verifiable amount of time required to place the tow truck back into service when unusual circumstances require additional time that are not part of the normal operating procedures. (Examples:

1. Recovery of a 4x4 vehicle in the mud: reasonable to charge for cleaning mud from truck and equipment, 2. Burned car on car carrier's: reasonable to charge for cleaning burn debris from carrier bed: not reasonable to charge the cleaning of carrier bed.)

1.2 “Possession” is deemed to arise when the vehicle is removed pursuant to section 3068 of the California Civil Code.

1.3 “Termination” means the permanent removal of Franchisee from the rotation tow list for the remainder of the term of the Non-Exclusive Franchise Agreement for Tow Services and disqualification from any further participation in LPD’s Rotation Tow Program. Termination may be with or without cause.

1.4 “Tow Truck” means a tow truck as defined in section 615 of the California Vehicle Code. Also included are slide back carriers and wheel lift vehicles.

1.5 “Written Reprimand” – A written notice to a Franchisee which specifies any violation(s) of the Non-Exclusive Franchise Agreement for Tow Services, orders corrective action, and warns of further action(s) to be taken if corrective action is not taken.

EXHIBIT A
390
CITY COUNCIL STAFF REPORT ITEM NO. 7.1
DATE: June 24, 2024
TO: Honorable Mayor and City Council
FROM: Marianna Marysheva, City Manager
SUBJECT: Appointment of Council Members to the City Council Subcommittee on Advisory Bodies for the period of July 1, 2024 - December 31, 2024.

RECOMMENDED ACTION
Staff recommends the Mayor appoint two Council Members to serve on the City Council Subcommittee on Advisory Bodies for the period of July 1, 2024 - December 31, 2024, with the City Council's approval.

SUMMARY
Applicants for vacancies on Livermore’s advisory bodies are interviewed by a two-member subcommittee of the City Council before being recommended for appointment by the full City Council. Two Council Members are needed to serve on the interview subcommittee for the period of July 1, 2024 - December 31, 2024.

DISCUSSION
The City Council has established nine standing advisory bodies comprised of more than seventy volunteers. To serve on an advisory body, community members apply for vacancies and are interviewed by a subcommittee of the City Council. The City Council Subcommittee on Advisory Bodies (“Subcommittee”) is a two-member subcommittee of the City Council appointed by the Mayor with the City Council's approval, and which is tasked with interviewing applicants for Livermore’s advisory boards, commissions, and committees. Membership on this standing City Council subcommittee rotates among Council Members who are appointed for staggered terms, if possible, to ensure that at least one member has prior experience on the subcommittee. Recruitment for advisory body vacancies is managed by the City Clerk’s Office and interview nights are scheduled as needed to fill vacancies throughout the year.

Serving in six-month increments, the Subcommittee conducts interviews and recommends appointments for confirmation by the full City Council. The exception to this policy are applicants for the Planning Commission who are interviewed by the full City Council.

Two Council Members are needed to serve on the Subcommittee for the period of July 1, 2024 - 391
December 31, 2024. Previous appointments are listed below:

Year January 1 - June 30 July 1 - December 31
2024 CM Barrientos
CM Kiick
2023 CM Carling CM Barrientos
CM Branning CM Carling
2022 CM Kiick Mayor Woerner
VM Bonanno VM Bonanno
2021 CM Carling VM Munro
VM Munro CM Kiick
2020 CM Munro Mayor Marchand
CM Coomber CM Carling
2019 Mayor Marchand CM Woerner
CM Woerner CM Munro
2018 CM Carling CM Coomber
CM Coomber CM Spedowfski
Upon appointment by the Mayor, the City Clerk’s Office will coordinate with the Subcommittee members to reserve several evenings to facilitate upcoming interview sessions.

FISCAL AND ADMINISTRATIVE IMPACTS
None.

COMMUNITY PILLAR
5: A City That Works.

GOAL
2: Engage effectively with the City's Advisory Bodies

ATTACHMENTS
Prepared by: Debbie Elam
Acting City Clerk
Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
392
CITY COUNCIL STAFF REPORT ITEM NO. 7.2
DATE: June 24, 2024
TO: Honorable Mayor and City Council
FROM: Marianna Marysheva, City Manager, Jason Alcala, City Attorney, and Brent Smith, Community Development Director
SUBJECT: Certification of referendum petition against Resolution No. 2022-085, action to either repeal the resolution, or call for an election for the voters to approve or set aside the legislative acts in the resolution for the construction of and improvements to Veterans Park, and consideration of a companion resolution ratifying the Amended and Restated Disposition, Development and Loan Agreement with Eden Housing, Inc.

RECOMMENDED ACTION
Staff recommends the City Council:

1. Adopt a resolution accepting the Alameda County Registrar of Voter’s certification of sufficiency of the signatures on the referendum petition against Resolution No. 2022-085; and,

2. Take one of the following actions as provided by the Elections Code:

Option 1: Adopt a resolution repealing Resolution No. 2022-085; or, Option 2: Adopt a resolution calling for an election to place Resolution No. 2022-085 on the ballot for the voters to approve or set aside the legislative acts in the resolution for the construction of and improvements to Veterans Park; requesting that the Alameda County Registrar of Voters conduct the election; and establishing dates for ballot measure arguments.

3. Staff further recommends the City Council adopt a companion resolution to ratify, reaffirm, and readopt the terms and conditions in the Amended and Restated Disposition, Development and Loan Agreement with Eden Housing, Inc., other than for construction of and improvements to Veterans Park, and to acknowledge that the agreement remains in effect as of the date it was signed.

SUMMARY
On May 24, 2022, the City Council adopted Resolution No. 2022-085 authorizing the execution of an Amended and Restated Disposition, Development and Loan Agreement with Eden Housing, Inc. for the development of the downtown multi-family housing site. That agreement amended the then existing agreement with Eden Housing for the affordable housing project that was first approved by the City Council on November 26, 2018, and that was later amended by the City Council on May 25, 2021. 393
Resolution No. 2022-085 also approved the language in the agreement for the construction of and improvements to Veterans Park.

On July 9, 2022, Move Eden Housing (MEH) presented a petition against Resolution 2022-085 to the City Clerk for processing as a referendum.

On March 6, 2024, the Appellate Court issued an opinion that MEH’s petition should be processed as a referendum because the resolution approved the construction of and improvements to Veterans Park, which the Appellate Court determined to be a legislative act subject to referendum. The Appellate Court also rejected all of MEH’s other objections against the resolution and agreement. The Appellate Court also determined that the primary substantive decisions relating to the housing aspects of the agreement were not subject to referendum because they were made years before the 2022 resolution was adopted.

On June 4, 2024, the Alameda County Registrar of Voters certified that the referendum contains sufficient valid signatures to qualify.

As a result, the City Council must now decide whether to:

Option 1: Repeal Resolution No. 2022-085; or,
Option 2: Call for an election to place Resolution No. 2022-085 on the ballot for the voters to approve or set aside the legislative acts in the resolution for the construction of and improvements to Veterans Park.

Consistent with the Appellate Court Opinion, staff recommends the City Council also adopt a companion resolution to ratify, reaffirm, and readopt the terms and conditions in the Amended and Restated Disposition, Development and Loan Agreement with Eden Housing, Inc. for the housing project, other than construction of and improvements to Veterans Park, and acknowledge they remain in effect as of the date the agreement was signed.

DISCUSSION
It is important to begin with basic facts about the scope and legal effect of the referendum petition circulated in Livermore.

The referendum is not about whether a park should be built instead of affordable workforce housing.

Rather, the referendum is about Veterans Park and whether it should be built as part of the City’s agreement with Eden Housing.

The Appellate Court determined that Resolution No. 2022-085 is only subject to referendum because it was a legislative act to approve language in the agreement for the construction of and improvements to Veterans Park. The Appellate Court rejected all other protests against the resolution and the agreement.

The Appellate Court also found that the primary substantive decisions relating to the housing aspects of the agreement were not subject to referendum because they were made years before the 2022 resolution was adopted.

Agreement for an Affordable Housing Project - Not Subject to Referendum 394
On January 29, 2018, the City Council approved the 2018 Downtown Plan for the development of portions of the Livermore Village Site to include:

Stockmen’s Park
Up to 130 units of workforce housing
A science center
A black box theater
Retail space
A linear public park (that would come to be known as Veterans Park).

The 2018 Downtown Plan was the culmination of a comprehensive public engagement program that began on February 15, 2017, when the City Council identified the downtown as a priority. That engagement program included the formation of a steering committee, numerous workshops, neighborhood meetings, pop-up events and presentations to obtain community input that was assembled into a series of reports and land use concepts that were presented for the City Council’s consideration, direction, and action. Some of the most significant City Council decisions leading to the 2018 Downtown Plan occurred on August 7, 2017, and then on November 27 and 29, 2017. At these dates, the City Council accepted the Downtown Public Engagement Final Report, and provided direction regarding design of the 2018 Downtown Plan, including with respect to housing, public finance, cultural facilities, hotel, retail, roadways, and open space and park space.

On November 27, 2018, the City Council approved an agreement to sell a portion of the Livermore Village Site to Eden Housing to develop a multi-family affordable rental housing project with up to 130 units of workforce housing.

On May 25, 2021, the City Council approved an amended agreement with Eden Housing to clarify certain terms and conditions, including the property being transferred. The amendment also reflected that the Veterans Park parcel would remain the City’s. The amendment provided that Eden Housing would coordinate with the City to make way and allow for the development of a City-owned, green/publicly accessible community park space that would be open and available to the general public and named “Veterans Park.” Veterans Park was in addition to Stockmen’s Park that occupies a different portion of the Livermore Village Site. The agreement also provided an option for the City to negotiate a future construction and reimbursement agreement with Eden Housing to coordinate the construction of the Veterans Park improvements.

On May 24, 2022, the City Council approved an amended and restated agreement with Eden Housing to make targeted changes in following the needless delay caused by Save Livermore Downtown’s (SLD) failed lawsuit challenging the entitlements for Eden Housing's affordable housing project. The adoption of Resolution No. 2022-085 also approved language set forth in Attachment 1 for the construction of and improvements to Veterans Park by Eden Housing.

The Amended and Restated Disposition, Development and Loan Agreement contains a clause that removes any terms that are invalid, void, or unenforceable, and confirms that the remaining provisions remain in full force and effect.

On March 6, 2024, the Appellate Court found that the primary substantive decisions relating to the housing aspects of the agreement were not subject to referendum because they were made years before the 2022 resolution was adopted.
395
Approval of Construction of and Improvements to Veterans Park - Subject to Referendum The City Council provided direction, made decisions, and took numerous actions to implement the 2018 Downtown Plan, including for the construction of and improvements to Veterans Park as a City park, prior to the adoption of Resolution No. 2022-085.

As stated above, on January 29, 2018, the City Council approved the 2018 Downtown Plan that included a linear public park that would be situated between the two buildings for the 130 units of workforce housing. The 2018 Downtown Plan identified the construction of a “park-like green space connection through the housing from South L to South Livermore.”
On September 24, 2018, the City Council approved the Downtown Core Plan Landscape Design Guidelines for the future development and design of Downtown Core Parks, including the linear park.

On February 19, 2019, the City Council held a special meeting workshop wherein it selected the implementation of the 2018 Downtown Plan as a priority goal. The priority goal included, among other things, finalizing plans for the linear park to ensure that the community needs are met.

On July 22, 2019, the City Council directed staff to consider the proposal by Don Staysa from the Livermore Stockmen’s Rodeo Association to name the linear park “Veterans Park” to compliment the veteran theme in the adjacent Stockmen’s Park.

On May 11, 2020, the City Council approved amendments to the Downtown Specific Plan that codified the 2018 Downtown Plan, including the location and use of Veterans Park.

On March 1, 2021, the City Council held a special meeting workshop wherein it selected the implementation of the 2018 Downtown Plan as a priority goal. That priority goal included, among other things, the preparation of plans for the construction of and improvements to Veterans Park.

On June 14, 2021, the City Council approved the City’s Capital Improvement Program for Fiscal Years 2021-23 as part of the City’s two-year financial plan and budget approval. That approval provides for the construction of Veterans Park as project No. 202121 described as a “public park between work force housing buildings at the northwest corner of Livermore Village” and consisting of “approximately 30,000 to 40,000 square feet of landscaping and hardscape.” The project justification for the City’s construction of Veterans Park as a capital improvement project states that Veterans Park is intended to provide complimentary open space to Stockmen’s Park and provide a continuous strip of public open space between South Livermore Avenue and L Street. The approval also identified Park Fees as the funding source to construct the public park improvements as a public project, and allocated funding as follows:

FY 2020-21 $40,000
FY 2021-22 $450,000
FY 2022-23 $3,800,000
On July 12, 2021, the City Council approved an agreement with RRM Design Group in the amount of $499,801 to: design Veterans Park; conduct public outreach; develop schematic landscape plans; prepare a preferred park design including renderings and shade studies; prepare a planning entitlement package; and, to prepare a final design that includes construction drawings to bid the project’s 396
construction. The scope of services also includes construction administration and other support for the construction of Veterans Park.

Public outreach in 2021 culminated in three conceptual designs for Veterans Park based upon community feedback and stakeholder input.

On June 13, 2022, the City Council approved an update to the City’s Capital Improvement Program for Fiscal Years 2021-23. That approval continued to include the construction of Veterans Park as project No. 202121 with funding from Park Fees.

On June 12, 2023, the City Council approved the City’s Capital Improvement Program for Fiscal Years 2023-25 as part of the City’s two-year financial plan and budget approval. That approval continued to include the construction of Veterans Park as project No. 202121 with funding from Park Fees, and allocated funding as follows:

FY 2022-23 $20,000
FY 2023-24 $185,000
FY 2024-25 $185,000
FY 2025-26 $5,000,000
These prior actions by the City Council for the construction of Veterans Park were not included in the administrative record before the Appellate Court because it was believed that MEH, like SLD, was challenging the affordable workforce housing project approved by Resolution No. 2022-085. However, the Appellate Court disagreed and determined that MEH’s referendum was limited to those portions of Resolution No. 2022-085 that approved the construction of and improvements to Veterans Park.

If the administrative record before the Appellate Court contained the City Council’s prior legislative acts, that would have provided the information the Appellate Court needed to determine that it was the City Council’s earlier acts, and not the adoption of Resolution No. 2022-085, that fixed the City’s policy to construct Veterans Park as a public project. Nevertheless, the Appellate Court’s opinion still controls.

The attached memorandum regarding the history of Veterans Park (Attachment 2) provides more information about the City Council’s prior actions fixing the City’s policy to construct Veterans Park as a public project.

Overview of Referendum Petition Process
California Elections Code Sections 9235 through 9247 set forth the requirements to process referendum petitions by general law cities.

A referendum is the power of the voters to approve or set aside an original legislative act taken by the City Council. California courts have determined that an act is legislative when it adopts a new policy or plan, declares a public purpose, and provides ways and means of its accomplishment.

As a result, a referendum is only available to set aside City Council acts that are legislative in nature.

Executive, administrative, and ministerial acts are not subject to referendum. Also, the power of referendum cannot be invoked to annul or delay the implementation of previously approved legislative policy since that would impair essential governmental functions. California Courts have reasoned that if 397
administrative decisions were subject to referendum, then a small group of electors, through repeated referendums, could interfere with essential governmental functions making it impossible to carry on the public business.

Likewise, the power of referendum is expressly prohibited for certain legislative acts such as the adoption of urgency ordinances, ordinances calling for elections, as well as tax levies and other fiscal appropriations.

The attached memorandum analyzing the referendum process (Attachment 3) provides a more comprehensive analysis of the applicable laws.

To qualify, Elections Code section 9215 states a referendum petition must contain signatures of at least 10% of registered Livermore voters based on the county election official’s last official Report of Registration to the Secretary of State.

Upon timely submission of a referendum petition, the City Clerk performs a technical review to determine whether the form of the referendum complies with the requirements of the Elections Code. Following the technical review, the City Clerk then performs a prima facie review to determine whether the number of signatures affixed to the petition equals or exceeds the 10% threshold (i.e. the “raw count”). If the number of signatures in the raw count does not equal the 10% threshold, the petition is not accepted for filing and is returned to the petitioner.

Once the petition is accepted for filing, the elections official has 30 days, excluding weekends and holidays, to examine the signatures for validity (i.e. the “signature verification process”). The elections official can perform a full examination of signatures, or may use a random sampling method established by the Elections Code. Because Livermore coordinates with Alameda County to conduct elections, the signature verification process is performed by the Alameda County Registrar of Voters.

If the Alameda County Registrar of Voters certifies the referendum is signed by at least 10% of the registered voters in the City, the results of the examination are then certified to the City Council. During the pendency of the signature verification process and following certification of the referendum petition, legislative act protested by the referendum is suspended and the City Council, at its sole discretion, must either repeal the protested legislative act, or call an election for the voters to approve or set aside the protested legislative act.

Timeline for Referendum Petition Protesting Resolution No. 2022-085 On July 9, 2022, MEH’s petition against Resolution 2022-085 was presented to the City Clerk for processing as a referendum. The Report of Registration at the time of filing the petition identified 57,028 registered Livermore voters, establishing the 10% threshold at 5,702 signatures.

The City Clerk’s technical review determined the referendum petition appeared on its face to comply with all format requirements. The City Clerk then completed a prima facie review of signatures and identified 9,737 unverified signatures affixed to the petition, which exceeds the required number of signatures to qualify the petition for further examination. Although numerous signatures were scratched out, the City Clerk nevertheless counted the signature as part or her prima facie review if she could see the signature along with a printed name, address, and city for the signer. 398
On July 13, 2022, the City Clerk advised MEH, based upon legal advice, that she would not process the petition as a referendum because it only contains administrative acts and did not contain any new legislative acts by the City Council. As the City Clerk explained, since the referendum petition does not challenge a legislative act, it was therefore not eligible for processing as a referendum.

Litigation ensued, and MEH identified and asserted it protested the following aspects of Ordinance No. 2022-085 that it asserted were legislative acts:

Policy decision to construct and improve Veterans Park; Policy decision to loan Eden Housing money to buy the property; and, Policy decision to limit the City’s indemnity owed to Eden Housing for the remediation of environmental contamination on the property.

On January 25, 2023, the Trial Court entered judgment in the City’s favor after finding “the Court confirms that the referendum at issue here was improper under California Law because it is directed at an administrative act and not a legislative one.”
On March 6, 2024, the Appellate Court reversed the Trial Court’s decision and issued an opinion finding that Resolution No. 2022-085 is subject to referendum because it approved “the construction of and improvements to a new public park,” which is Veterans Park, in the agreement. The Appellate Court determined that the prior agreement merely contained an option for that work, and that the 2022 agreement for the first time authorized that work. The Appellate Court’s opinion also determined that MEH’s other protested aspects were administrative acts, not legislative, and therefore not subject to referendum. The Appellate Court specifically held that “the approval of the loan terms in the 2022 agreement is not a legislative act” and “plaintiffs have not shown approval of the indemnification provision in the 2022 agreement was a legislative act.” The attached memorandum analyzing the Appellate Court decision (Attachment 3) provides a more comprehensive analysis of the case.

The Appellate Court having determined the portions of Resolution No. 2022-085 approving the construction of and improvements to Veterans Park is subject to referendum, the City Clerk resumed processing the petition as a referendum and delivered the petition to the Alameda County Registrar of Voters and requested full examination of the signatures.

On June 4, 2024, the Alameda County Registrar of Voters determined the number of unverified legible signatures (in contrast to the City Clerk’s prima facie review which includes both legible and illegible signatures) was 8,019. The Registrar then performed an examination of the signatures and issued a certificate of sufficiency after determining the petition contained 6,043 valid signatures.

Reconsideration of Resolution No. 2022-085
The City Council must now decide whether to:

Option 1 Repeal Resolution No. 2022-085; or,
Option 2 Call for an election to place Resolution No. 2022-085 on the ballot for the voters to approve 399
or set aside the legislative acts in the resolution for the construction of and improvements to Veterans Park.

MEH, like SLD, is litigious and is likely to file a lawsuit challenging either decision made by the City Council, but that lawsuit is unlikely to prevail. It would also provide both the Trial Court and the Appellate Court with the opportunity to reconsider whether the portions of Resolution No. 2022-085 that approved the construction of and improvements to Veterans Park are subject to referendum based upon the City Council’s earlier legislative acts that fixed the policy to construct Veterans Park as a public project well in advance of its adoption of Resolution No. 2022-085.

Recommendations
Staff recommends the City Council adopt the resolution accepting the Alameda County Registrar of Voter’s certification of sufficiency of the signatures on the referendum petition protesting the Veterans Park portion of Resolution No. 2022-085; and select one of the following options:

Option 1: Repeal Resolution No. 2022-085.

The attached resolution for Option 1 will repeal Resolution No. 2022-085.

The practical effect is:

1. The will of the voters is respected and the legislative act approving the construction of and improvements to Veterans Park in the agreement with Eden Housing is set aside.

2. The City Council will be precluded from taking action to include the construction of and improvements to Veterans Park in an agreement with Eden Housing for a period of one year from the date of the repeal;

3. It is unclear whether during that year the City must also cease working on the construction of and improvement to Veterans Park that were separately approved by the City Council prior to the adoption of Resolution No. 2022-085. However, in an abundance of caution, staff intends to pause all work on Veterans Park, and will return to the City Council when the one-year period expires.

Option 2: Call for an election to place Resolution No. 2022-085 on the ballot for the voters to approve or set aside the legislative acts in the resolution for the construction of and improvements to Veterans Park.

The attached resolution for option 2 calls for an election and places Resolution No. 2022-085 on the ballot for the voters to approve or set aside the legislative acts in the resolution for the construction of and improvements to Veterans Park at the General Municipal Election on November 5, 2024.

The practical effect is:

1. An election is called for the voters to approve or set aside the legislative acts in Resolution 2022- 085 for the construction of an improvement to Veterans Park.

2. If the voters approve the legislative acts in Resolution No. 2022-085 that approved the construction of and improvements to Veterans Park, then the City Council and Eden Housing can proceed with the development of Veterans Park.

3. If the voters set aside the legislative acts in Resolution No. 2022-085 that approved the 400
construction of and improvements to Veterans Park, then the City Council cannot proceed with the development of Veterans Park for a period of one year from the date of that election.

4. It is unclear whether during that year the City must also cease working on the construction of and improvement to Veterans Park that were separately approved by the City Council prior to the adoption of Resolution No. 2022-085. However, if this option is selected and the voters set aside the legislative acts for the construction of and improvements to Veterans Park, then in an abundance of caution, staff intends to pause all work on Veterans Park, and will return to the City Council when the one-year period expires.

Companion Resolution.

Staff recommends the City Council adopt companion resolution ratifying, reaffirming, and readopting the terms and conditions in the Amended and Restated Disposition, Development and Loan Agreement with Eden Housing, Inc., except for the terms and conditions for the construction of and improvements to Veterans Park. That administrative act respects the Appellate Court's determination and the voters protest against the construction of and improvements to Veterans Park, and also respects the Appellate Court's determination that the housing aspects of the agreement are administrative and not subject to referendum. The resolution also acknowledges the terms and conditions in the agreement remain in effect as of the date the agreement was signed.

Pursuant to the legal authority In re: Stratham, (1920) 45 Cal.App. 436 and Reagan v. Sausalito, (1962) 210 Cal.App.2d 618, the City Council may deal further with the subject matter of the Amended and Restated Disposition, Development and Loan Agreement that was not subject to referendum.

The proposed resolution upholds the Appellate Court’s determination that the primary substantive decisions relating to the housing aspects in the Amended and Restated Disposition, Development and Loan Agreement were made prior to 2022, and are administrative not legislative. It also administratively exercises the clause to remove the legislative acts related to the construction of and improvements to Veterans Park from the Amended and Restated Disposition, Development and Loan Agreement with Eden Housing, Inc.

The ratification, reaffirmation and readoption of the non-legislative elements of the Amended and Restated Disposition, Development and Loan Agreement is within the scope of the Specific Plan EIR, dated February 9, 2004 (SCH No.: 2003032038), the Specific Plan Subsequent EIR, dated March 30, 2009 (SCH No.: 2008092085), and the Specific Plan Subsequent EIR Addenda adopted by City Council on September 10, 2018 by Resolution 2018-153, May 13, 2019 by Resolution 2019-064, and October 26, 2020 by Resolution 2020-178. No new or more severe significant impacts were identified for the Project that were not identified in the 2004 Final EIR and 2009 Subsequent EIR, and no new mitigation measures would be required for the downtown plan. For all environmental topics addressed in the addendums, there were no substantial changes in environmental circumstances that would result in new or more severe significant environmental effects than were identified and evaluated in the 2004 Final EIR and 2009 Subsequent EIR. The Amended and Restated Disposition, Development and Loan Agreement is also exempt from the provisions of CEQA pursuant to CEQA Guidelines Sections 15182 (c), 15332, 15304 (a)(b) and 15308 and none of the exceptions to the categorical exemptions in CEQA Guidelines Section 15300.2 apply, as described in the Eden Housing Project resolution, dated May 26, 2021 (Resolution 2021-071).

The practical effect is that:
401

1. The City and Eden Housing may continue to implement the Amended and Restated Disposition, Development and Loan Agreement except for the construction of and improvements to Veterans Park.

2. The language in the agreement for the construction of and improvements to Veterans Park is severed by operation of law, and is invalid, void, and unenforceable for a period of one year.

FISCAL AND ADMINISTRATIVE IMPACTS
Should the City Council choose to submit the protested portions of the resolution to the voters, Alameda County will bill the City for the actual costs of the election, estimated to be $4-$6 per registered voter for a regular consolidated election.

At the time of publishing this staff report, there are 56,792 registered voters in Livermore, projecting the cost of a consolidated regular election to range between $227,168 and $340,752. This estimate does not include sample ballot printing or Spanish, Chinese, Tagalog, and Vietnamese translation costs, which are further estimated to be an additional $27,000 to $35,000.

The referendum petition signature verification provided by the Alameda County Registrar of Voters is billed separately from election costs. Staff estimates the cost for this service will range between $15,000 and $20,000.

COMMUNITY PILLAR
4: Inclusive and Inviting Spaces and Places
GOAL
3: Continue to Implement the Downtown Specific Plan

ATTACHMENTS

1. Veterans Park Language

2. Memorandum, History of Veterans Park

3. Memorandum, Referenda and Case Analysis

4. Resolution - Accepting Certification

5. Exhibit A - Registrar of Voters Certification

6. Resolution - Repealing Resolution No. 2022-085

7. Resolution - Calling for and Giving Notice of Election

8. Exhibit A - Resolution No. 2022-085

9. Exhibit B - Veterans Park Language

10. Exhibit C - Referendum Measure

11. Resolution - Companion Resolution

12. Exhibit A - Resolution No. 2022-085

13. Exhibit B - Veterans Park Language
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Prepared by: Marie Weber
Deputy City Manager
Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
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LANGUAGE FROM AGREEMENT FOR THE

CONSTRUCTION OF AND IMPROVEMENTS TO VETERANS PARK
Resolution No. 2022-085 approved the following language in the Amended and Restated Disposition, Development and Loan Agreement for the construction of and improvements to Veterans Park
Section 2.1 Definitions
(hhh) “Veterans Park Improvements” is defined as the constructed improvements within the Veterans Park Parcel which shall be entitled and designed at the sole discretion of the City.

Section 3.5 Construction and Financing for Veterans Park Improvements.

The Parties agree that the Developer will manage the construction of the Veterans Park Improvements but that the City will pay for the costs of the Veterans Park Improvements at its sole expense. City and Developer will negotiate a future construction management and reimbursement agreement to coordinate the construction of the Veterans Park Improvements. The Agreement shall authorize reimbursement for the construction of the park, per the designs and specifications issued by the City, and shall not exceed Five Million Five Hundred Thousand Dollars ($ 5,500,000) (not including any grants obtained by Developer to help fund the construction costs), without additional approval of the City Council.

The Agreement and the procurement of the contractor who will build the park shall comply with all applicable local, state, and federal procurement laws to the extent such laws apply. These improvements would be exclusive of any development loan provided by the City for development of the Project.

Similarly, Resolution No. 2022-085 approved minor language in two other sections in the Amended and Restated Disposition, Development and Loan Agreement that contain language related to the construction of and improvements to Veterans Park (underlined):

Section 7.3 City Review.

Except for the activities to be performed by or on behalf of the City as otherwise contemplated herein, the Developer shall be solely responsible for all aspects of the Developer's conduct in connection with the Project, including, but not limited to, the quality and suitability of the Project Documents, the supervision of construction work for the Project and the Veterans Park Improvements, and the qualifications, financial condition, ATTACHMENT 1
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and performance of all architects, engineers, contractors, subcontractors, suppliers, consultants, and property managers. Except for the activities to be performed by or on behalf of the City as otherwise contemplated herein, any review or inspection undertaken by the City with reference to the Project is solely for the purpose of determining whether the Developer is properly discharging its obligations to the City under this Agreement, and should not be relied upon by the Developer or by any third parties as a warranty or representation by the City as to the quality of the design or construction of the Improvements.

Section 8.2 Completion of Construction.

The Developer shall diligently prosecute to completion the construction of the Improvements, and shall complete construction of the Improvements within the time set forth in the Schedule of Performance, subject to Force Majeure requirements in Section 13.4 of this Agreement. As between the City and the Developer, except for, Veterans Park Improvements, and work contemplated by the Cooperation and Indemnity Agreement referenced in section 6.2, above, the Developer shall be solely responsible for the construction of the Improvements, including all costs of construction (except for the EVA Improvement Reimbursables referenced in Section 3.4).

ATTACHMENT 1
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INTEROFFICE MEMORANDUM
Date: June 17, 2024
To: Jason R. Alcala, City Attorney
From: Jake Potter, Senior Planner
Subject: History of Veterans Park
This memorandum provides a description of Veterans Park and how it came to be. It also provides a history of the City Council’s actions and decisions that fixed its policy for the construction of and improvements to Veterans Park as a City park.

Veterans Park – Description and Status
Veterans Park is the linear park conceived by the 2018 Downtown Plan approved by the City Council. It is an approximately 0.7 acre public park comprised of open green spaces, a children's play area, a veterans memorial, and ample landscaping. It is located between South L Street and South Livermore Avenue, and between the residential areas for an affordable housing project. Veterans Park will connect with Stockmen’s Park and adjacent public and commercial areas. The approved 2018 Downtown Plan is attached as Exhibit A.

In 2021, the City hired a consultant to provide landscape and architectural services to resulting in the preparation of bid documents for the City’s construction of Veterans Park.

Public outreach by the consultant in 2021 resulted in conceptual designs for Veterans Park based on community feedback and stakeholder input.

As it stands now, City staff is currently refining the park layout and selecting a final design for review by the Planning Commission and City Council this year. Once that input is received, staff will then work with the consultant to prepare the final design and construction drawings and bid the contract to construct Veterans Park as a public project.

Veterans Park - History of City Council Actions and Decisions On January 29, 2018, the City Council approved the 2018 Downtown Plan for the development of portions of the Livermore Village Site to include:
 Stockmen’s Park
 Up to 130 units of workforce housing
 A science center
 A black box theater
 Retail space
ATTACHMENT 2
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June 17, 2024

 A linear park (that would come to be known as Veterans Park).

The 2018 Downtown Plan was the culmination of a comprehensive public engagement program that began on February 15, 2017, when the City Council identified the downtown as a priority. That engagement program included the formation of a steering committee, numerous workshops, neighborhood meetings, pop-up events and presentations to obtain community input that was assembled into a series of reports and land use concepts that were presented for the City Council’s consideration, direction, and action.

Some of the most significant City Council decisions leading to the 2018 Downtown Plan occurred on August 7, 2017, and then on November 27 and 29, 2017. At these dates, the City Council accepted the Downtown Public Engagement Final Report and provided direction regarding design of the 2018 Downtown Plan, including with respect to housing, public finance, cultural facilities, hotel, retail, roadways, and open space and park space.

On March 26, 2018, the City Council approved the publication of a synopsis and FAQs about the 2018 Downtown Plan, which identified the linear park as a “park-like green space connection through the housing from South L to South Livermore.” Those approved materials are reflected in the April 2018 newsletter attached as Exhibit A.

Thereafter, the City Council provided direction, made decisions, and took numerous actions to implement the 2018 Downtown Plan, including for the construction of and improvements to Veterans Park as a City park.

On September 24, 2018, the City Council adopted Resolution No. 2018-166 (Exhibit B) approving the Downtown Core Plan Landscape Design Guidelines for the future development and design of Downtown Core Parks, including the linear park.

On February 19, 2019, the City Council selected the implementation of the 2018 Downtown Plan as a priority goal. The priority goal (Exhibit C) included, among other things, finalizing plans for the linear park to ensure that the community needs are met.

On July 22, 2019, the City Council directed staff to consider the proposal by Don Staysa from the Livermore Stockmen’s Rodeo Association to name the linear park “Veterans Park” to compliment the veteran theme in the adjacent Stockmen’s Park.

On May 11, 2020, the City Council adopted Resolution No. 2020-062 (Exhibit D) approving amendments to the Downtown Specific Plan that codified the 2018 Downtown Plan, including the location and use of Veterans Park.

On March 1, 2021, the City Council selected the implementation of the 2018 Downtown Plan as a priority goal. That priority goal (Exhibit E) included, among other things, the preparation of plans for the construction of and improvements to Veterans Park.

On June 14, 2021, the City Council adopted Resolution No. 2021-088 approving the City’s Capital Improvement Program for Fiscal Years 2021-23 as part of the City’s twoyear financial plan and budget approval (Exhibits F1 and F2). That approval provides for ATTACHMENT 2
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June 17, 2024

the construction of Veterans Park1 as project No. 202121 described as a “public park between work force housing buildings at the northwest corner of Livermore Village” and consisting of “approximately 30,000 to 40,000 square feet of landscaping and hardscape.” The project justification for the City’s construction of Veterans Park as a capital improvement project states that Veterans Park is intended to provide complimentary open space to Stockmen’s Park and provide a continuous strip of public open space between South Livermore Avenue and L Street. The approval also identified Park Fees (Fund 337)2 as the funding source to construct the public park improvements as a public project, and allocated funding as follows:

FY 2020-21 $40,000
FY 2021-22 $450,000
FY 2022-23 $3,800,000.

On July 12, 2021, the City Council adopted Resolution No. 2021-118 (Exhibit G) approving an agreement with RRM Design Group in the amount of $499,801 to: design Veterans Park; conduct public outreach; develop schematic landscape plans; prepare a preferred park design including renderings and shade studies; prepare a planning entitlement package; and, to prepare a final design that includes construction drawings to bid the project’s construction. The scope of services also includes construction administration and other support for the construction of Veterans Park.

Public outreach in 2021 culminated in three conceptual designs (Exhibit H) for Veterans Park based upon community feedback and stakeholder input.

On June 13, 2022, the City Council adopted Resolution No. 2022-098 (Exhibit I) approving an update to the City’s Capital Improvement Program for Fiscal Years 2021-

23. That approval continued to include the construction of Veterans Park as project No. 202121 with funding from Park Fees (Fund 337).

On June 12, 2023, the City Council adopted Resolution No. 2023-104 (Exhibit J) approving the City’s Capital Improvement Program for Fiscal Years 2023-25 as part of the City’s two-year financial plan and budget approval. That approval continued to include the construction of Veterans Park as project No. 202121 with funding from Park Fees (Fund 337), and allocated funding as follows:

FY 2022-23 $20,000
FY 2023-24 $185,000
FY 2024-25 $185,000
FY 2025-26 $5,000,000.
1 The Capital Improvement Budget prepared by the Engineering Division refers to Veterans Park as “Veteran’s Park,” but they are the same project.
2 Fund 337 is the City’s deposit fund holding the development impact fees collected by the City pursuant to California Government Code section 66000 for the implementation of trail and park facilities. Once sufficient fees are collected from various developments, they are then expended on public park and trail improvements.

ATTACHMENT 2
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June 17, 2024

There are numerous other actions taken by the City Council regarding the construction of and improvements to Veterans Park, but this history identifies the most significant ones.

Comments in Response to City Attorney Memorandum
The documents related to the history of Veterans Park were not included in the administrative record before the Court of Appeals because it was believed that the measure was challenging the affordable workforce housing project approved by Resolution No. 2022-085, not the park. Based upon the City Attorney’s memorandum dated June 14, 2024, it is understood that the City’s construction of and improvements to Veterans Park has been protested, not the affordable housing project, and that the City’s work on Veterans Park may once again be delayed.

The Planning Division of the Community Development Department requests guidance to better understand how this may impact the entitlement review of Veterans Park and, subsequently, the preparation of the development and construction package to bid the construction of Veterans Park as a public project.
cc: Marianna Marysheva, City Manager
Paul Spence, Assistant City Manager
Brent Smith, Community Development Director
Exhibit A 2018 Downtown Plan (April 2018 Newsletter)
Exhibit B Resolution No. 2018-166
Exhibit C City Council Goals & Priorities – Downtown
Exhibit D Resolution No. 2020-062
Exhibit E City Council Goals & Priorities – Downtown Implementation Exhibit F1 Resolution No. 2021-088 (relevant portions)
Exhibit F2 Capital Improvement Plan FY 2021-23 (relevant portions) Exhibit G Resolution No. 2021-118
Exhibit H Three Conceptual Designs for Veterans Park
Exhibit I Resolution No. 2022-098 (relevant portions)
Exhibit J Resolution No. 2023-104 (relevant portions)
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EXHIBIT A
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EXHIBIT A
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EXHIBIT A
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EXHIBIT A
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EXHIBIT A
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IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA A RESOLUTION APPROVING POLICY PROPOSAL IMPLEMENTATION 18 -002 On January 29, 2018, at the conclusion of an extensive public engagement process, the City Council approved the Downtown Core Plan including parameters for the location and intensity of land uses on the sites.

The City initiated an application for Policy Proposal Implementation ( POLI) 18- 002 to prepare Landscape Design Guidelines to establish a framework for the publicly accessible open spaces in the Downtown Concept Plan area ( the " Project ").

The Planning Commission reviewed the Project and determined it is consistent with the Livermore General Plan and related policies. The Planning Commission, by its Resolution No. 31 - 18, attached hereto as Exhibit A, recommended approval of the Project, following the project review hearing on August 21, 2018.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Livermore hereby finds, on the basis of the whole record before it evaluating the environmental impacts of the Project, that the Project is consistent with the Addendum to the Downtown Specific Plan 2009 Subsequent , Environmental Impact Report, approved by the City Council on September 10, 2018.

BE IT FURTHER RESOLVED by the City Council of the City of Livermore that:

1. The City Council is satisfied with the decision and record of the Planning Commission and adopts as its own the findings contained in Planning Commission Resolution 31 - 18 and approves the Downtown Core Plan Landscape Design Guidelines, attached hereto as Exhibit B.

2. The proposed Downtown Core Plan Landscape Design Guidelines are found to be consistent with the General Plan and are approved.

3. City staff is directed to prepare and file a Notice of Determination with the Alameda County Clerk within five working days of the adoption of this resolution.

The documents that constitute the record of
decision is based can be found in the City Clerk' s office, Livermore California.
proceedings upon which this
1052 S. Livermore Avenue, in
RESOLUTION NO. 2018 -166
1 EXHIBIT B
ATTACHMENT 2
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On motion of Vice Mayor Woerner, seconded by Mayor Marchand, the foregoing Resolution was passed and adopted on the September 24, 2018, by the following vote:

AYES: Council Members Coomber, Spedowfski, Vice Mayor Woerner, Mayor Marchand
NOES: None
ABSENT: Council Member Carling
ABSTAIN: None
ATTEST:

Sarah Bunting ,
CityClerk- ---'
Date: September 26, 2018
APPROVED AS TO FORM:

A- ---
Jason Alcala
City Attorney
Exhibit A — Planning Commission Resolution No. 31 - 18
Exhibit B — Downtown Core Plan Landscape Design Guidelines RESOLUTION NO. 2018 -166
2 EXHIBIT B
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EXHIBIT A

IN THE PLANNING COMMISSION

OF THE CITY OF LIVERMORE

STATE OF CALIFORNIA

A RESOLUTION RECOMMENDING APPROVAL OF
Policy Proposal Implementation ( POLI) 18 -002
Consideration of a Downtown Concept Plan Landscape Design Guidelines for streetscapes, pedestrian connections, parks, plazas and other public spaces identified within the approximately 8. 2 acres Downtown Core Plan area.

Location: Area generally bounded by North L Street, First Street, Bankhead Theater Plaza, and Railroad Avenue
On January 29, 2018, at the conclusion of an extensive public engagement process, the City Council approved the Downtown Concept Plan including parameters for the location and intensity of land uses on the sites.

The City initiated an application for Policy Proposal Implementation ( POLI) 18 -002 to prepare Landscape Design Guidelines to establish a framework for the publicly accessible open spaces in the Downtown Concept Plan area.

The Planning Commission held a meeting on August 21, 2018, considered the staff recommendation for approval, and heard public testimony.

NOW, THEREFORE, BE IT RESOLVED that, based on the whole record before it, the Planning Commission of the City of Livermore recommends the City Council find the environmental impacts of Policy Proposal Implementation ( POLI) 18 -002 were analyzed by and are consistent with the 2018 Addendum to the Downtown Specific Plan 2009 Supplemental Environmental Impact Report.

BE IT FURTHER RESOLVED that the Planning Commission finds the following based upon the information presented for Policy Proposal Implementation ( POLI) 18 -002:

The project is in conformance with the 2003 -2025 Livermore General Plan Goals, Policies, Objectives and Actions; or project - specific mitigation measures or conditions of approval have been incorporated into the project to ensure it is in conformance.

Finding: Based on review of the Design Guidelines, as documented in the Planning Commission staff report, the proposed Design Guidelines conforms to the applicable goals policies, objectives and actions set forth in General Plan to 1- Resolution No. 31 -18

EXHIBIT B
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maintain high quality of urban design in the City with emphasis in Downtown. The landscape design guidance including pedestrian connections, treatments, furnishings, and plant palette reflect the intent of the General Plan to provide quality design throughout Livermore and specifically create an active, vibrant pedestrian- oriented environment with interconnected and variety of open spaces in Downtown Livermore.

The project is in conformance with the Specific Plan' s standards and guidelines; or project - specific mitigation measures or conditions of approval have been incorporated into the project to ensure it is in conformance.

Finding: Based on review of the Design Guidelines, as documented in the Planning Commission staff report, the proposed Design Guidelines conforms to the applicable policies, standards and guidelines for streetscapes and public spaces in the Downtown Specific Plan ( DSP). The landscape design guidance including pedestrian connections, treatments, furnishings, and plant palette reflect the intent of the DSP to create an active, vibrant pedestrian- oriented environment with interconnected and variety of open spaces in Downtown Livermore.

BE IT FURTHER RESOLVED by the Planning Commission of the City of Livermore that, based on the above finding, Policy Proposal Implementation ( POLI) 18 -002 is recommended to the City Council for approval.

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

On the motion by Vice Chairperson Pann, seconded by Planning Commissioner Kaskey, the foregoing Resolution was adopted at the Planning Commission meeting of August 21, 2018, by the following vote:

AYES: BJORKLUND, KASKEY, AND PANN.

NOES: NONE.

ABSENT: BONANNO AND FAGUNDES.

Erik Bjorklund, Chairperson
by Steve Stewart, Planning Manager
Secretary to the Planning Commission
2- Resolution No. 31 - 18

EXHIBIT B
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DOWNTOWN LIVERMORE CONCEPT PLAN

LANDSCAPE DESIGN GUIDELINES
a —
Mw
aao
September 12, 20

EXHIBIT B
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DOWNTOWN LIVERMORE CONCEPT PLAN

LANDSCAPE DESIGN GUIDELINES

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1. INTRODUCTION
A. PURPOSE AND OBJECTIVES
B. RELATIONSHIP TO OTHER CITY

DOCUMENTS
C. HOW TO USE THIS DOCUMENT

2. AREA -WIDE LANDSCAPE

DESIGN GUIDELINES
A. DOWNTOWN CHARACTER
B. PEDESTRIAN CIRCULATION
C. LANDSCAPING
D. PAVING
E. PUBLIC ART
F. LIGHTING
G. PARKING LOTS & STRUCTURES
H. UTILITIES
1 -1
1 -2
1 -4
2 -2
2 -5
2 -6
2 -13
2 -15
2 -16
2 -17
2 -19

DOWNTOWN LIVERMORE CONCEPT PLAN

LANDSCAPE DESIGN GUIDELINES

3. STREETSCAPE LANDSCAPE

DESIGN GUIDELINES
A. STREETSCAPE URBAN EDGE
B. STREETSCAPE PARKWAY EDGE
C. STREETSCAPE ELEMENTS
D. WAYFINDING
E. CORNER TREATMENTS
F. PEDESTRIAN CROSSINGS

4. PASEO, PLAZA & PARK

LANDSCAPE DESIGN

GUIDELINES
A. PASEOS AND PLAZAS
B. LINEAR PARK
C. PASEO, PLAZA & PARK ELEMENTS
3 -2
3 -7
3 -12
3 -16
3 -18
3 -19
4 -1
4 -7
4 -11

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DOWNTOWN LIVERMORE CONCEPT PLAN

LANDSCAPE DESIGN GUIDELINES

5. PRIVATE LANDSCAPE DESIGN

GUIDELINES
A. RESIDENTIAL SITE PLANNING
B. COMMERCIAL SITE PLANNING
C. FRONTAGE ZONES
D. PRIVATE GATHERING AREAS
E. FENCES AND WALLS
5 - 1
5 -2
5 -3
5 - 5
5 -6

APPENDICES
A. MASTER PLANT LIST A -1

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DOWNTOWN LIVERMORE CONCEPT PLAN

LANDSCAPE DESIGN GUIDELINES

LIST OF FIGURES

1. DOWNTOWN LIVERMORE CONCEPT 1 -1

11. PASEO, PLAZA AND PARK LOCATIONS
PLAN

IN THE DOWNTOWN CONCEPT PLAN

2. DOWNTOWN LIVERMORE CONCEPT 2 -1
12 CONCEPTUAL PLANT PALETTE FOR

PLAN AREA IMPROVEMENT PLAN PASEOS AND PLAZAS

3. EXAMPLES OF AREA -WIDE PAVING 2 -14
13 CONCEPTUAL PLANT PALETTE FOR

MATERIALS PARKS

4. STREETSCAPE LOCATIONS IN THE 3 -1

14. PASEO, PLAZA AND PARK ELEMENTS

DOWNTOWN CONCEPT PLAN

FOR THE DOWNTOWN CONCEPT
S. STREETSCAPE URBAN EDGE LOCATIONS 3 -2

IN THE DOWNTOWN CONCEPT PLAN

6. CONCEPTUAL PLANT PALETTE FOR THE 3 -6

STREETSCAPE URBAN EDGE

7. STREETSCAPE PARKWAY EDGE 3 -7

LOCATIONS IN THE DOWNTOWN

CONCEPT PLAN

8. CONCEPTUAL PLANT PALETTE FOR THE 3 -11

STREETSCAPE PARKWAY EDGE

9. STREETSCAPE ELEMENTS FOR THE 3 -13

DOWNTOWN CONCEPT PLAN

10. CORNER TREATMENTS AND 3 -19

PEDESTRIAN CROSSINGS IN THE

DOWNTOWN CONCEPT PLAN

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CHAPTER 1:

INTRODUCTION
A. PURPOSE AND OBJECTIVES
The Downtown Livermore Concept Plan
Landscape Design Guidelines are designed
to establish a vision and implement an
action plan to direct the revitalization and
beautification of Downtown Livermore' s
Concept Plan area. This document
provides a framework for landscape
requirements in the private and public
realms. These guidelines ensure that
development is aesthetically pleasing and
compatible with surrounding development
by encouraging the provision of adequate
landscaping in connection with new
development, renovations of existing
developments, and changes in land uses.

The City has adopted a Downtown
Livermore Concept Plan for the area
between Railroad Avenue to the north,
First Street to the south, South L Street to
the west and the Bankhead Theater Plaza
and Paseo to the east. Blacksmith Square
will remain and provide historic context to
the Downtown, and new improvements
will link with First Street. This Downtown
Plan went through extensive public
outreach and was adopted by City Council.

DOWNTOWN LIVERMORE CONCEPT PLAN

LANDSCAPE DESIGN GUIDELINES
R`

BANKHEAU
HEATER
L
Figure 7. Downtown Livermore Concept Plan
The Downtown Livermore Concept
Plan has been designed to make
historic Downtown Livermore the
City' s preeminent shopping, dining,
entertainment and cultural district. New
residential housing and a hotel will add life
into the downtown and establish an active
urban living experience and facilitate a
pedestrian- oriented environment.

Livermore is home to two renowned
science and technology centers, and
the Downtown Livermore Concept Plan
proposes to integrate science into the
heart of the City. A science center and
performing arts center are planned in
the Downtown Concept Plan area. Public
parks and paseos will link the Downtown
into one cohesive whole.

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DOWNTOWN LIVERMORE CONCEPT PLAN

LANDSCAPE DESIGN GUIDELINES

1. PURPOSE
The purpose of the Landscape Design
Guidelines is to ensure the community' s
character is enhanced through the
provision of clearly stated guidelines
that result in high - quality design.

The guidelines are provided to assist
applicants in creating a cohesive design
for the Downtown Concept Plan area and
develop it into a center of activity and
cultural landmark for the community that
exemplifies Livermore' s unique character,
ranching heritage, and historic appeal.

The intent of the Downtown Livermore
Concept Plan Landscape Design Guidelines
is to create a cohesive and unified
atmosphere for Downtown Livermore.

These design guidelines apply to all public
and private developments within the
Downtown Concept Plan area. As other
locations in Downtown Livermore are
developed, these guidelines should be
utilized to further denote the heart of
Downtown Livermore.

2. OBJECTIVES
The objectives of these landscape design
guidelines are to:
a) Reinforce the established Downtown
Concept Plan character that celebrates
Livermore' s history and culture
b) Create a lively and safe Downtown that
serves the needs of the community
c) Prioritize pedestrian improvements
and slow vehicular traffic to provide
a safe and walkable Downtown
for all ages and abilities
d) Implement unified and cohesive
streetscapes around the Downtown
Concept Plan area that contain
high - quality landscaping and ample
durable pedestrian amenities
B. RELATIONSHIP TO OTHER

CITY DOCUMENTS
The Downtown Concept Plan Landscape
Design Guidelines reflect the principles,
vision, and policies set forth in the City of
Livermore General Plan and supplement
the landscape development standards
in the City of Livermore Municipal and
Development Codes.

These guidelines elaborate on adopted
policies and plans with more specific
guidance to inform the shape of
development in the Downtown Concept
Plan area. They reinforce the collective
values of the City of Livermore to ensure
that development in the Downtown
Concept Plan area contributes to a vibrant
and livable environment in a manner
that welcomes and delights visitors and
residents.

Applicants should review and apply
relevant development standards found
within other applicable documents to
ensure compliance, and then apply the
design guidelines found herein. The design
guidelines contained in this document
supplement development standards by
providing direction on the more qualitative
aspects of a development project.

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Projects will be evaluated on a case -
by -case basis and a project may not be
required to meet all guidelines; however,
projects will be evaluated by the degree
to which the project demonstrates
substantial compliance with the intent
of the design guidelines. In addition,
alternative measures may be considered if
the project meets or exceeds the intent of
these landscape design guidelines.

1. APPROVED DOWNTOWN PLAN
The Downtown Plan was adopted by the
City Council on January 29, 2018. The plan
responds to the community' s priorities
for enhancing the City of Livermore' s
Downtown Concept Plan ( see Figure 1)

2. CITY OF LIVERMORE DOWNTOWN

SPECIFIC PLAN
The Downtown Specific Plan ( DSP) was
adopted in 2004 and the vision has set the
stage for the Downtown' s transformation.

The Specific Plan provides land use policies
and development standards to implement
the community' s vision for Downtown
revitalization.

DOWNTOWN LIVERMORE CONCEPT PLAN
The DSP includes design standards and
guidelines for the entire downtown
area as a whole, whereas these Design
Guidelines are intended to provide more
specific guidance for a focused area of the
downtown.

A DSP amendment to implement the
approved Downtown Plan was adopted by
the City Council on September 10, 2018.

3. CITY OF LIVERMORE DESIGN

STANDARDS AND GUIDELINES
The Design Standards and Guidelines
were adopted in 2004 to provide design
guidance for varying private and public
development projects throughout the City
of Livermore. The document promotes
the quality of the Livermore community as
a whole.

LANDSCAPE DESIGN GUIDELINES

5. LIVERMORE GENERAL PLAN
The General Plan is a fundamental land
use and development policy document
which describes how the City of Livermore
will develop and grow, and it dictates how
to conserve the City' s resources.

6. LIVERMORE MUNICIPAL CODE

AND DEVELOPMENT CODE
The Municipal and Development Codes
describe the regulations and policies for
development within the City of Livermore.

The Municipal Code and Development
Code were adopted to preserve, protect,
and promote the public health, safety,
peace, comfort, convenience, prosperity
and general welfare of residents and
business in the City.

7. LIVERMORE STANDARD

4. BICYCLE, PEDESTRIAN, & TRAILS SPECIFICATIONS AND DETAILS

ACTIVE TRANSPORTATION PLAN
The Active Transportation Plan provides
policies, programs, and guidelines to
provide a safe and comfortable pedestrian
and bicycle environment throughout the
City of Livermore.

The City of Livermore has developed
standard specifications and details to
guide the installation of construction
projects throughout the City.

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DOWNTOWN LIVERMORE CONCEPT PLAN

LANDSCAPE DESIGN GUIDELINES
D. HOW TO USE THIS DOCUMENT
These Landscape Design Guidelines reinforce most of the City of Livermore and State adopted landscape requirements into one easy -touse document to assist the applicant /landscape architect when submitting for Planning Entitlement, Building Permit, or Improvement Plan approval. This document is a tool to assist designers and decision makers with appropriate material selection and cohesive placement of design elements to develop the Downtown Concept Plan area with a consistent City character and sense of place. The Community Development Director may make minor amendments to this document as necessary. It is highly recommended that interested property/ business owners, developers, and investors contact the City to discuss project proposals prior to developing plans.

STEP 1
Review Chapter 2, Area -Wide
Landscape Design Guidelines. This
chapter provides an understanding of
the Downtown character and the key
existing elements and design factors
to include in future improvements.

This chapter presents guidelines
for placement and selection of
landscaping, paving, public art,
utilities, and parking that is typically to
be applied to all projects.

STEP 2
Determine if the ownership of the
project area is public or private.

Review Chapters 3 or 4 for Public
Landscape Design Guidelines or
Chapter 5 for Private Landscape
Design Guidelines to be utilized when
designing a project. These guidelines
build upon the Area -Wide guidelines
in Chapter 2 and should be used in
conjunction where applicable.

PUBLIC PROJECTS
STREETSCAPE PROJECTS: Refer to
Chapter 3, contains specific guidance
for the design, paving, wayfinding, and
landscaping of public streetscapes.

PASEO, PLAZA OR PARK PROJECTS:

Refer to Chapter 4, contains specific
guidance for the design, paving and
landscaping of public paseos, plazas,
and the linear park.

PRIVATE PROJECTS
Chapter 5, Private Landscape Design
Guidelines contain specific guidance
for commercial and residential site
planning, frontage and gathering
areas, and design and placement
of fencing and walls for private
residential and commercial sites
within Downtown.

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CHAPTER 2.

AREA -WIDE LANDSCAPE

DESIGN GUIDELINES
This chapter should be utilized for all
projects within the Downtown Concept
Plan area. The character and guidelines
for placement and selection of public art
and landscaping is typically applied to all
projects.

The elements listed in this chapter should
be placed within all applicable Downtown
Concept Plan streetscapes, paseos, plazas,
and parks.

AWN LIVERMORE CONCEPT PLAN

LANDSCAPE DESIGN GUIDELINES
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Figure 2. Downtown Livermore Concept Plan Area Improvement Plan

EXHIBIT B
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DOWNTOWN LIVERMORE CONCEPT PLAN

LANDSCAPE DESIGN GUIDELINES
A. DOWNTOWN CHARACTER
Founded in 1569, Livermore is California' s
oldest wine region and is surrounded by
wineries, farm lands and ranches that
mirror the valley' s western heritage.

Livermore' s arts, culture, western heritage
and vibrant wine industry provide a unique
blend to this special community.

The founding fathers of Livermore
established the Downtown to serve a
primarily agricultural community. The
town was laid out with Livermore Avenue
to the east, Q Street to the west, Railroad
Avenue to the north, and Fifth Street
to the south. The Downtown Concept
Plan boundaries are within this historic
founding area.

As new improvements are implemented
in the Downtown Concept Plan area, they
should integrate key elements from First
Street and Blacksmith Square to foster
a cohesive and attractive atmosphere
throughout the Downtown Concept Plan
area. Specific elements may vary from
what exists on First Street and Blacksmith
Square, but the character should be
replicated to the extent feasible.

Existing min: „! , ir,:,

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1. FIRST STREET
Several years ago streetscape
improvements were installed on First
Street from Maple Street to South L
Street. These improvements have been
well received by the community and have
created a pedestrian friendly and walkable
atmosphere along First Street within the
heart of the Downtown Concept Plan. The
improved area on First Street establishes
the primary focus area of the Downtown
Concept Plan with the most amenities.

The following existing key elements from
First Street should be replicated within the
Downtown Concept Plan area:
eTrellises at corners and
pedestrian crossings
4 In- street tree grates and
guards at parking areas
eBenches and trash receptacles
Olnformational kiosks
eBollards
4) Potted plants

DOWNTOWN LIVERMORE CONCEPT PLAN

LANDSCAPE DESIGN GUIDELINES
FLA

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DOWNTOWN LIVERMORE CONCEPT PLAN

LANDSCAPE DESIGN GUIDELINES

2. BLACKSMITH SQUARE
The historic Blacksmith Square is located
on the corner of South Livermore Avenue
and Railroad Avenue. It was established
in 1890 as a blacksmith shop and was
renovated in 2004 to contain retail uses,
outdoor dining and entertainment.

Blacksmith Square is proposed to remain
and the black ironwork and bricks used
in the historic building should serve as a
model when selecting materials.

The following existing key elements from
Blacksmith Square should be replicated
within the Downtown Concept Plan area:
eBlack iron work and arched
entryway signage
OBricks and natural wood materials
eDecorative fountain and bollard
centered on visual axis and
potted plants on columns
ei

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B. PEDESTRIAN CIRCULATION
Clear, identifiable, and ample pedestrian
pathways should be provided to connect
to public sidewalks, parking areas, building
entrances, trails, and other site features.
a) On -site pedestrian circulation
systems should connect to primary
building entrances, as well as off -
site public sidewalks, transit stops,
and neighboring properties.
b) Pedestrian connections should be
integrated to create an open network
of walkways, sidewalks and trails.
c) Pedestrian pathways should access
the project at visually pleasing
locations rather than service areas.

DOWNTOWN LIVERMORE CONCEPT PLAN
d) Entrances to primary walkways should
incorporate decorative paving and
vertical elements such as trellises, large
ornamental flower pots, low walls and
pilasters, and / or accent planting.
e) Site furnishing such as benches
and trash receptacles should be
placed along primary walkways.

LANDSCAPE DESIGN GUIDELINES
f) Incorporate wayfinding techniques
to guide pedestrians such as signage,
accent landscaping, and prominent
trellises and building entrances.
g) Locations where vehicular driveways
cross pedestrian sidewalks should be
enhanced with decorative crosswalks.

Site furnishing such as benches and trash receptacles should be placed along primary walkways.

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DOWNTOWN LIVERMORE CONCEPT PLAN

LANDSCAPE DESIGN GUIDELINES
C. LANDSCAPING
In general, landscaping is strongly
encouraged on all sides of a building along
streets, walkways, driveways, parking lots
and outdoor spaces. Landscaping may
consist of above grade planters or pots,
and /or in the ground planting.

1. WATER USE AND IRRIGATION
a) Planting should be low- water -use to
comply with the State of California' s
drought tolerance laws and to reduce
water use. The landscape palette
should target a majority ( 80% or more)
of low -water use plant material.
a) Areas not occupied by buildings,
b) Group plants with similar water
parking or pedestrian activities
requirements to allow for more
should be permanently landscaped
efficient irrigation use, reduce water
with live plant materials.
use and avoid over watering.
b) Landscaping and irrigation materials
selected should be durable and
require minimal maintenance.
c) Landscaping features that are designed
to retain and filter storm water runoff
are encouraged. These features include
but are not limited to) bioswales, rain
gardens, underground cisterns, flow -
through planters and roof gardens.
d) Trees are to be planted in engineered
soil which is nutrient rich and has
good drainage to allow trees to
grow to their full potential and
withstand urban conditions.
c) Potted plants should be irrigated or
utilize self- watering containers.
d) An efficient, low- volume drip irrigation
system that provides water directly to
plant roots and minimizes the loss of
water to evaporation is encouraged.
e) Low flow, efficient irrigation heads
should be used to apply water
to plants and lawns for water
conservation only where needed.
f) Irrigation heads should be adjustable
to minimize over spray and runoff.

Landscaping may consist of a mix of above grade
planters or pots, and in ground planting areas
Landscaping should be durable and require
minimal maintenance, and plants with similar water
requirements should be grouped together

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2. PLANT PLACEMENT
a) Trees and shrubs should be carefully
located to maintain pedestrian
and vehicular site lines and not
create places for people to hide.

Shrubs and groundcovers over
36- inches in height and low
branching trees shall not be
located where they will obstruct
in pedestrian and vehicular site
lines.

Hedges along sidewalks and
walkways should not exceed a
height of 40 inches.
b) A combination of trees, shrubs and
groundcovers should be used within
landscaped areas to create a unified,
yet diverse and aesthetically pleasing
corridor. Plant palettes including
five or less shrub or groundcover
species are discouraged.
c) Vines and potted plants should be
used to provide wall, column and
post texture and color, as well as
for accentuating key areas such as
entryways, courtyards and sidewalks.
d) Planting areas along streets should
include a one -foot wide maintenance
band along the curb edge to separate
the planting areas from the street.

DOWNTOWN LIVERMORE CONCEPT PLAN
e) When planting space is limited,
consider the following elements
within the overall landscape design:

Window boxes
Potted plants
Climbing vines
f) Landscaping should be developed to
contain a combination of low, medium,
and tall plant materials as appropriate.

Low growing vegetation should
be placed along walkways,
with medium growing species
as background and foundation
planting.

Tall evergreen shrubs should be
utilized to screen views and step -
down heights where applicable.
g) Where blank walls within a project cannot
be avoided, the planting area adjacent
to blank walls should be continuous and
the plantings chosen should be evergreen
and grow quickly to an appropriate height
to minimize the visibility of blank wall
space. Consider the following landscape
elements to soften blank wall surfaces:

Raised planters
Potted plants
Climbing vines

LANDSCAPE DESIGN GUIDELINES

1.. . :, Potted plants should be used to provide texture and color and to accentuate key areas

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DOWNTOWN LIVERMORE CONCEPT PLAN

LANDSCAPE DESIGN GUIDELINES
h) Trees and shrubs should be located to
allow for long -term growth. Landscape
design concepts should reflect adequate
spacing of plants that allows for mature
growth and complete coverage of
planting areas in a reasonable amount
of time. Plant symbols on Planting
Plans shall reflect the average ultimate
width the vegetation will grow.

3. EXISTING VEGETATION
a) Landscape designs should incorporate
existing adjacent primary tree and
shrub species and transition to existing
patterns to the proposed species for
the Downtown Concept Plan area.
b) Preserve or relocate mature and healthy
trees and vegetation, with special
consideration given to the protection
of groups of trees and specimen trees.
c) When replacing dead or dying
existing trees, the size of the
replacement tree should closely
match the size of the tree adjacent
up to a maximum of 48 -inch box.
d) Refer to Chapter 12. 20 of the Livermore
Municipal Code for additional
information regarding preservation
and removal of existing street trees.

4. PLANT MAINTENANCE
a) All common area landscaping will
be designed for minimal care and
maintained to keep vegetation in
thriving and visually attractive condition.
b) Weed control fabric should be
used in all planted areas ( except
turf) with a three -inch thick mulch
layer in shrub beds to reduce
weeds and conserve moisture.
c) Mulch should be used as a tool to
retain moisture and lessen the need
for additional water, but also should
be aesthetically pleasing and cohesive
throughout the Downtown Concept
Plan. The following mulch types are
encouraged within landscaped areas:

Cobble and / or decorative rock in
varying sizes
Decomposed granite
Bark mulch ( natural color)
d) Plants should be maintained in their
natural form. The pruning of plants
into geometric shapes is discouraged
unless hedges and topiaries are
intended in the landscape design.
e) Dead and diseased plants should be
replaced as soon as possible to preserve
the appearance of the property.
f) Mulch should be replenished as needed
to reduce weeds and conserve moisture Examples of decorative rock mulch

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5. PLANT SELECTION
A Master Plant List is provided in Appendix
A and should be utilized for selection of
trees, shrubs and groundcover within the
Downtown Concept Plan area.
a) Trees and understory planting should
be selected based on leaf and flower
color, and it is recommended to be
highly selective with color and limit
planting to either warm or cool
colors. Avoid sharp contrasts in color
except where desired for accent
planting, and provide transitions
between warm and cool colors with
neutral greens, whites and greys.
b) Consider the texture of leaves and
bark in the selection of plants and
maximize contrasting textures where
feasible for increased visual interest.
c) Trees and understory planting in
Parks and Paseos may utilize Street
Trees and Streetscape Shrubs and
Groundcovers, but Streetscape planting
should be limited to those in the
Master List for a consistent palette.
d) Refer to Chapters 3 and 4 for
additional planting information.

DOWNTOWN LIVERMORE CONCEPT PLAN
Plants within the Downtown Concept
Plan area should meet the following
minimum size requirements at time
of planting:

Large Evergreen Trees: 24-
inch box or larger typical,
with 30% or more in 36-
inch box
Large Accent Deciduous
and Specimen Trees: 24-
inch box or larger typical,
with 40% or more in 36-
inch box and 10% or more
48 -inch box
Small Accent Deciduous
Trees: 15- gallon containers
or larger
Vines and Espaliers:
15- gallon containers or
larger
Large Shrubs ( greater than
five feet in diameter):
5- gallon containers or larger
Small Shrubs - excluding
groundcovers and bioswale
grasses ( less than five
feet in diameter): 1- gallon
containers or larger

LANDSCAPE DESIGN GUIDELINES
Select vegetation based on leaf and flower color,
and choose warm or cool colors
Consider the texture of plants and maximize
contrasting textures for increased visual interest

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DOWNTOWN LIVERMORE CONCEPT PLAN

LANDSCAPE DESIGN GUIDELINES

6. TREE SELECTION
a) Pathways and sidewalks should be
lined with trees to the extent possible.

Spacing of trees should be based on
the ultimate width the tree will grow.
b) Trees should be selected based on
the size of the planter to minimize
root intrusion, and the height of the
adjacent structures to soften views.

Trees adjacent to buildings
should have mature sizes in scale
with the massing and height of
the structure
Trees with lower heights and
low root damage potential are
recommended for small planter
areas and accent planting areas
Trees within five feet of
hardscaping, walls and
foundations should have low
root damage potential and be
installed with root barriers to
prevent roots from encroaching
and the buckling of pavements
and structures
Trees should be located so the
canopy will not conflict with light
poles and roots will not impact
underground utility lines
c) Trees along walkways and parking
areas should be carefully selected with
the objective of providing shade and
minimizing maintenance and litter.

Trees with thorns or spiky leaves
and a high amount of litter
and leaf drop should not be
used in parking areas or along
pedestrian walkways
Trees with wet fruit or large seed
pods may be utilized but should
be setback away from any paved
areas including sidewalks, streets
and parking lot paving
Refer to Parking Lots &
Structures in this Chapter for
additional requirements
d) Trees should be designed to
contain a mix of deciduous and
evergreen species for seasonal
interest and year -long shade.

In general, place deciduous
accent trees at entries,
intersections and driveways and
locate evergreen trees along
extent of the corridor
Deciduous trees with open
branching are suggested at retail
areas
Shade trees with dense
evergreen canopies should be
used in front of residential uses
Deciduous trees that provide
summer shade and allow for
winter solar gain should be
utilized whenever possible
adjacent to buildings
Evergreen trees with a high,
broad branching structure are
encouraged along walkways and
parking areas to cool walking
surfaces and parking spaces

EXHIBIT B
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7. SHRUB AND GROUNDCOVER

SELECTION
a) Planting Plans should specify a
minimum container size and spacing for
shrubs and groundcovers conducive to
filling in a design area within two years.
b) Perennial and deciduous species and
seasonal grasses should not make
up the mass of planting areas, and
longer - lived evergreen shrubs should
be intermixed throughout to provide
year -round interest and longevity.
c) Plants with thorns, spines, or
sharp leaves should not be used
along pedestrian areas.
d) Plants that attract bees or are
poisonous should not be used
at pedestrian seating areas.

DOWNTOWN LIVERMORE CONCEPT PLAN
e) Hold plant material back one -foot
from the back of curbs to prevent
plants from growing into pavement
and provide room for maintenance.
f) Flowering accent trees and shrubs
should be used in areas that
deserve visual emphasis such as:

Intersection corners
Project entries
Focal points
g) Potted plants should typically
contain a tall central accent shrub,
combined with vertical growing accent
perennials on the sides, and a
trailing
groundcover in front of the container.

Potted plants should utilize
species with the same water use
and microclimate preferences.

LANDSCAPE DESIGN GUIDELINES
Flowering accent shrubs should be used at
intersection corners
Example of a potted plant with tall central accent
shrub, vertical perennials, and trailing groundcover

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DOWNTOWN LIVERMORE CONCEPT PLAN

LANDSCAPE DESIGN GUIDELINES

8. SHRUB AND GROUNDCOVER

FOR SCREENING
a) Plantings should be used to soften and
screen blank walls and fencing, parking
areas, utilities and service areas.

Screening shrubs should grow to
effectively block at least 75% of
the item to screen by the second
year following establishment
Dense and fast - growing
evergreen species should be
selected for screening
Deciduous and grass - like plant
species should not be used for
screening purposes
b) Provide larger container sizes for plant
material which is known to grow slowly.
c) Utilize tall narrow species in
small planting spaces such
as vines and espaliers.

9. PLANT SELECTION FOR STORM

WATER TREATMENT AREAS
a) Bioswales and retention areas should
be planted with plants suitable for
sustaining water ponding and also
performing well in dry conditions.
b) Additional plants listed within
Alameda County Clean Water Program,
Appendix B, may be permitted for
storm water planters if they meet
the planting requirements and
measures listed in the Appendix B.
c) Storm water plants should remain
in their natural form and be
mown only in the fall prior to
the onset of the rain season.
d) Storm water planters should be
permanently irrigated with rain
shutoff mechanisms. Subsurface
or spray irrigation is suggested
for storm water areas.
e) Plants in storm water treatment
areas should be selected to provide
year -round interest, and a mix of
shrubs and perennials provided.
f) Cobble, boulders, and / or rock
mulch is suggested within storm
water treatment areas.

Storm water planting areas should provide year -
round interest and thrive in wet and dry conditions.

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D. PAVING
Durable and timeless paving materials
that are ADA accessible should be used
within the Downtown Concept Plan area.

Special attention should be made to the
selection of cohesive paving materials
to create the Downtown Concept Plan
area as a pedestrian friendly and special
place. Refer to Chapters 3 and 4 for more
information regarding paving selection.
a) Standard sidewalk and walkway paving
should consist of an attractive and
durable concrete paving, such as:

Textured concrete such as salt or
broom finish
Colored concrete
Stamped concrete paving
b) Consider incorporating decorative
paving materials in bands across
standard sidewalk paving in a consistent
pattern, such as 10 -feet on center.

Banding materials should
be consistent with adjacent
decorative paving but should be
a
slightly different color, texture
or pattern

DOWNTOWN LIVERMORE CONCEPT PLAN
c) Decorative paving materials that are
unique and recognizable should be
utilized at streetscape furnishing and
edge zones, key pathway nodes and
corners, and seating areas, such as:

Colored concrete with decorative
scoring patterns
Stamped concrete paving
d) Decorative paving areas should
incorporate infill doors for
utilities to match the surrounding
paving materials and colors.
e) Decorative insets are recommended
within standard and decorative
paving throughout the Downtown
Concept Plan area to highlight the
local culture and history, such as:

Mosaics and tiles inset in paving
with historic images
Cast elements or imprints in
paving such as footprints of local
wildlife, local cattle brands and
horse shoes
Bricks cast to resemble the
historic Livermore Fire Brick
Company
Concrete etching or plaques
commemorating Livermore
history and culture

LANDSCAPE DESIGN GUIDELINES
utilized at streetscape furniss
I materials should be
ng and edge zones
ras
Decorative paving areas Example of paving
should incorporate infill doors bands across
for utilities sidewalk paving
Decorative insets are recommended to highlight the
local culture and history

EXHIBIT B
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DOWNTOWN LIVERMORE CONCEPT PLAN

LANDSCAPE DESIGN GUIDELINES
Colored
Concrete with
Decorative
j- Scoring
u
Z
a
rr
Q
z
z
Q
IN
U
z
a
w
Q
O
V
W
Stamped
Concrete
Paving
Bomanite,
Rustic Slate)
Stamped
Concrete
Paving
Bomanite,
English
Sidewalk
Slate)
Board Form
Concrete
Figure 3. Examples ofArea- Wide Paving Materials
Salt Finish r "^ `- Stamped
Concrete Concrete
Paving
r ( Bomanite,
Coquina)
Broom Stamped
Finish_'.""' Concrete
Concrete Paving
r ( Bomanite,
Heavy Slate)
Colored
Concrete with
Decorative
j- Scoring
u
Z
a
rr
Q
z
z
Q
IN
U
z
a
w
Q
O
V
W
Stamped
Concrete
Paving
Bomanite,
Rustic Slate)
Stamped
Concrete
Paving
Bomanite,
English
Sidewalk
Slate)
Board Form
Concrete
Figure 3. Examples ofArea- Wide Paving Materials
Stamped
Concrete
Paving
Bomanite,
Used Brick)
Stamped
Concrete Paving
Bomanite,
Creekstone)
Acid Finish
Concrete

EXHIBIT B
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E. PUBLIC ART
The use of public art within the Downtown
Concept Plan area is an effective way of
expressing the unique personality and
character of the area. Public art should
serve as an aesthetic improvement to
enhance the pedestrian environment and
should focus on the region' s local culture
and history.
a) Public art should be in conjunction
with other site features such as a
plaza or architectural feature, and be
an integral part of site development
rather than a stand - alone, separate
object. The selection and placement
of public art should be part of the
overall site design process, rather
than an afterthought to a project.
b) Public art is suggested in the
following locations:

Key intersections and entries
Accent focal points in paseos,
plazas and the Linear Park
c) Public art should be placed to avoid
locations where it may obstruct a
pedestrian pathway, create a traffic
hazard, or compete with another
piece of art within the area.
d) Public art should be highlighted
with decorative paving and
lighting where appropriate.

DOWNTOWN LIVERMORE CONCEPT PLAN
e) Art and focal points placed within
the Downtown Concept Plan area
should showcase the culture and
history of Livermore, such as:

Local history
Livermore veterans
Livermore Rodeo history
Livermore Stockmen' s Rodeo
Association contributions
Cattle ranching
Hay and grain production
Viticulture
Science and technology
f) Public art is encouraged that invites
participation. Interactive interpretive
exhibits and displays are recommended.
g) Public art is encouraged that represents
the community by revealing its culture and
history, and /or captures or reinforces the
unique character of place. Public art in
the Downtown Concept Plan area could be
provided in many different formats, such as:

Building murals
Sculpture
Decorative insets in paving and walls
Painted utility enclosures

LANDSCAPE DESIGN GUIDELINES
Focal points should highlight the culture
and history of Livermore
Decorative insets should be used to
reinforce the Downtown sense of place
Public art is encouraged that represents
the community

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DOWNTOWN LIVERMORE CONCEPT PLAN

LANDSCAPE DESIGN GUIDELINES
F. LIGHTING
Pedestrian lights should be located
along pathways and sidewalks to provide
human scale and a smaller, more focused
illuminated area. Pedestrian lights should
be placed evenly along sidewalks where
lighting is needed.
a) Street lights should be the City
Standard Downtown Pole. Street
lights are encouraged to incorporate
decorative banners and /or
hanging plants where feasible.

Refer to Chapter 4 for lighting in
Paseos, Plazas and Parks
b) String lighting should be provided
within key pedestrian areas to
enhance the nighttime environment.

Paseos and Plazas
Pedestrian Gathering Areas
c) Accent uplighting on trees and
focal points is encouraged at
key locations where a high level
of nighttime pedestrian activity
or views are anticipated.
d) Light fixtures on the top deck of
parking structures and roof decks
should be screened from view and
not visible from the ground.
e) Energy - efficient lighting ( lighting
from renewable sources and
energy- saving devices, such as
light sensors) is required.

Where feasible, use warm white
lighting source types
f) Over lighting of sites should
be prevented to avoid ruining
desired nighttime ambience.

The quality of light, level of
light and type of bulb or source
should be carefully selected so
that lighting levels do not draw
attention to the glow or glare of
the project site
Timers and sensors should
be incorporated to avoid
unnecessary lighting
Light fixtures should use
reflector/ refractor systems and
cut off shields to reduce glare
and spotlighting onto adjacent
properties and rights -of -way
Pedestrian walkways in paseos,
plazas, and parks should provide
bollard lights in combination
with 10 to 15 -foot high pole
mounted lights
Accent uplighting on trees and focal points is
encouraged at key locations
Lights should incorporate decorative
banners andlor hanging plants

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G. PARKING LOTS &

STRUCTURES
Provide convenient but not visually
dominating parking that incorporates
extensive landscaping. Landscaping
should be used to provide shade, promote
wayfinding and visually soften views
of parking areas from the street and
surrounding properties.

1. LANDSCAPING
a) Planters within parking lots should
be of sufficient width, including the
curb areas, to support the longterm growth and stability of trees and landscaping proposed.
b) Landscape buffers should be
provided along sidewalks to screen
surface parking areas and tall
blank parking structure walls from
the street, where practical. These
landscaped buffers may include:

Dense and fast growing
evergreen planting ( Refer to
Landscaping for additional
information)
Planted berms and mounds

DOWNTOWN LIVERMORE CONCEPT PLAN
c) Fast growing evergreen vegetation
should be utilized for screening that
grows quickly to a height that will
effectively buffer views of parking.
d) Consider the orientation of parking to
locate planter areas and trees to provide
the maximum amount of shade and buffer.
e) Parking lot trees may be selected from
the Master Plant List in either the Street
Tree or Paseo & Park Tree Lists.
f) Tree selection for parking areas
should be carefully considered. In
addition to the tree performance
items to consider above, parking area
trees should meet the following:

Use of accent trees located at
parking lot and parking structure
entries and at the end of parking
aisles is encouraged
High branching evergreen trees
should be used in surface parking
lots which ensure shading at maturity
meeting or exceeding fifty percent
500) of paved parking stall areas
Low decorative fences and
Pedestrian walkways in parking
planter walls
areas should be planted with trees
to provide shade and comfort for
pedestrians

LANDSCAPE DESIGN GUIDELINES
Fast growing evergreen vegetation should be utilized
to buffer views of parking areas.

Provide dense and fast growing evergreen planting
to screen parking structure walls from the street

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DOWNTOWN LIVERMORE CONCEPT PLAN

LANDSCAPE DESIGN GUIDELINES
g) Parking lot screening vegetation
should include trees, shrubs, and
groundcovers designed to soften views
of parked vehicles from pedestrians
walking along the sidewalk and
vehicles on the roadways. Buffers
should be attractive and provide
ample texture and color at pedestrian
level for increased visual interest.
h) Accent or unique trees and planting
are suggested in parking lots for
visual wayfinding at drive aisles and
along key pedestrian linkages.
i) Parking lots adjacent to existing or
proposed buildings should locate tree
to soften views of adjacent structures.
j) The pedestrian path of travel from
vehicular parking stalls should be
anticipated and planned for.

Plant material should be spaced
to allow for pedestrians crossing
through landscape islands and
held back to allow for car door
openings
Consider the need for stepping
stones or decomposed granite
paths in anticipated areas with
high pedestrian activity

2. CIRCULATION AND PAVING
a) A direct, safe and easily recognizable
pedestrian connection should be
provided through parking areas
that connects to adjacent building
entrances and sidewalks.

Features such as decorative
paving, benches, potted plants
and fencing are encouraged
along key pedestrian
connections
Where feasible, pedestrian
walkways should be parallel to
parking drive aisles, minimizing
the need for pedestrians to cross
parking drive aisles
Wayfinding signage should be
provided at key locations to
orient pedestrians
b) Entry drives should be located away
from street intersections and adjacent
property lines to the extent feasible.
c) The number of curb cuts should
be minimized to reduce conflicts
with pedestrian sidewalks.
d) Parking structures should include
entry plazas and seating areas
at the ground floor level to
encourage pedestrian activity.

An easily recognizable pedestrian connection
should be provided through parking areas
Features such as decorative paving and fencing are
encouraged along key pedestrian connections.

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H. UTILITIES
Minimize the visual impacts of service/
loading areas, storage areas, trash
enclosures, and ground mounted
mechanical equipment.

1. UTILITY PLACEMENT
a) The following items should be located
where they can be screened from
public views from sidewalks and
outdoor spaces to the extent possible:

Loading, service areas and
storage areas
Trash enclosures
Above ground utilities ( including
irrigation equipment, controllers
and backflow devices)
Electric and water utility meters
Power transformers and sectors
Mechanical equipment ( such as
heating, ventilation and cooling
equipment)
Satellite dishes ( wider than 18
inches in diameter) and antennas
Rooftop mechanical equipment
Other mechanical equipment

DOWNTOWN LIVERMORE CONCEPT PLAN
b) When feasible, these elements
should be located behind or at the
sides of buildings and screened from
views through a combination of
walls, fencing and / or landscaping.
c) Minimize the visual impacts of roof
mounted mechanical equipment.

When feasible, such elements should
be consolidated and housed in
architecturally articulated enclosures.
d) Utility facilities should be placed
underground, where feasible. All
backflow prevention devices should
be screened from public view.
e) Large vent stacks and similar features
should be avoided. If essential,
they should be screened from view
or painted to be non - reflective and
compatible with building colors.
f) Loading areas and associated loading
activities should be located to the
rear of buildings and screened from
view from public streets, gathering
areas, and residential uses.

LANDSCAPE DESIGN GUIDELINES
g) Service facilities should be located
and designed for easy access by
service vehicles and tenants, but
should be sited where they will not
create a nuisance for adjacent uses.
h) Trash collection areas should not
intrude into major lines of sight when
viewed from the public roadways
and sidewalks, residential units,
or pedestrian gathering areas.
i) Irrigation valves and utility boxes
should be set in planting areas where
feasible and located where they can
be accessed and be screened from
views by vegetation. Boxes should be
placed in groups not exceeding five
in number to reduce their visibility.

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DOWNTOWN LIVERMORE CONCEPT PLAN

LANDSCAPE DESIGN GUIDELINES

2. UTILITY AREA SCREENING
Utility areas, trash enclosure, above
ground utilities and other site structures
and features that are visually unattractive
should be screened.
a) Appropriate screening methods
include, but are not limited to:

Fencing and walls
Fast growing evergreen
landscaping ( refer to
Landscaping for additional
information)
Roof parapets
Equipment enclosures
Berms and mounds
b) Green walls and trellises covered
with vines and /or espaliers and tall
vertical species should be utilized in
small and narrow planting areas.

Vine supports should be
provided to promote fast
upward growth.
c) Screening devices shall complement
with the building' s design, materials,
and color and be compatible
with the overall landscape
design and project character.

Utility areas should be screened using landscaping
and /or walls and fencing
Select fast growing evergreen species and/ or
Provide larger container sizes for screening

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CHAPTER 3.

STREETSCAPE LANDSCAPE

DESIGN GUIDELINES
This chapter contains specific guidance
for the design, paving and landscaping of
public streetscapes. These guidelines build
upon the Area -Wide Landscape Design
Guidelines in Chapter 2 and should be
used in conjunction where applicable.
a) The streets within the Downtown
Concept Plan area have been
categorized into two types:

Streetscape Urban Edge —
Streets primarily adjacent to
commercial land uses with high
volumes of pedestrian and
vehicular traffic. These streets
typically have tree grates and
monolithic sidewalks.

Streetscape Parkway Edge -
Streets primarily adjacent to
residential and public land
uses with lower volumes of
pedestrian and vehicular traffic.

These streets typically have
parkway planters and separated
sidewalks.

DOWNTOWN LIVERMORE CONCEPT PLAN

LANDSCAPE DESIGN GUIDELINES

RAILROAD AVENUE

FIRST STREET GPW E
PIK.

LIVERMORII/ M
PLRZq
Figure 4. Streetscape Locations in the Downtown Concept Plan

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DOWNTOWN LIVERMORE CONCEPT PLAN

LANDSCAPE DESIGN GUIDELINES
A. STREETSCAPE URBAN EDGE
The improvements discussed in this
chapter generally apply to the following
streets in the Downtown Concept Plan
area:
a) South Livermore Avenue
b) South L Street
As the Downtown Plan is implemented, it
is recommended that these streetscape
elements be installed in the following
locations where feasible:
a) South Livermore Avenue, from the
East -West Road to First Street
b) South L Street, from the southern
side of the new parking structure
on East -West Road to First Street
c) Railroad Avenue, from South L Street to
the existing Bankhead Theater Paseo

1. CHARACTER
The commercial Streetscape Urban Edge
character should be a
lively and interactive
environment that is pedestrian oriented
and contains ample amenities and human
scale elements.

EAST - WESTRD

FIRST STREET
The wide shaded sidewalks should contain
seating areas with interesting public
art, historical elements, and wayfinding
signage dispersed along the streetscape.

RAILROAD AVENUE
SQUARE"

STOCKMEN' S
PARK

BTMNNAMEAND
PLAU
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PARK

LIVEMAO

PLAT/ A
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PLNA
Figure 5. Streetscape Urban Edge Locations in the Downtown Concept Plan

EXHIBIT B
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a) The typical cross section of the Urban
Edge will contain the following:
4' wide minimum furnishing zone
with decorative accent paving
along the roadway, trees in grates,
lighting with banners, pedestrian
furnishings and potted plants
8' wide minimum circulation zone
with standard paving and a clear
path of travel
An adjacent frontage zone with
outdoor uses such as dining,
seating, and patios
b) Two bus stops are existing along Railroad
Avenue, and they should be improved
with new shelters, benches, decorative
paving, bike racks and trash receptacles.
c) Two medians exist along Urban Edge
streets: one on Railroad Avenue
between South L Street and South
Livermore Avenue, and another on
South Livermore Avenue between
Railroad Avenue and East West Street.

Medians should utilize the Urban
Edge planting palette, but trees
should be small accent species
and planting may not obstruct
pedestrian or vehicular views.

The 1 -foot wide maintenance
strip should reflect the paving in
the Urban Edge Furnishing Zone.

Commercial/ P 8' min r4' min
Residential Circulation Furnishh.

Frontage Zone Zone Zone
MW iiiiii= psi
Urban Edge
Typical Streetscape Urban Edge section

DOWNTOWN LIVERMORE CONCEPT PLAN

LANDSCAPE DESIGN GUIDELINES

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DOWNTOWN LIVERMORE CONCEPT PLAN

LANDSCAPE DESIGN GUIDELINES

2. PAVING TREATMENTS
a) Furnishing Zone should be designated
by decorative paving, such as:

Colored concrete paving with
stamped brick pattern ( Bomanite
Used Brick or approved equal,
staggered running bond pattern)
b) Circulation Zone should be designated
by standard paving, such as:

Concrete paving with stamped
brick banding ( Bomanite Used
Brick Edging or approved equal).

Color and finish of concrete walk
and banding to be selected to
match Furnishing Zone paving
Banding should be located on
both sides of the Circulation
Zone to create a clear path
Example of paving with brick edging and bands
of travel, and banding placed
perpendicular to the sidewalk
at all tree grates and light pole J1
areas
Banding should be a color that
varies from the Furnishing Zone,
and banding along the edge
of the Circulation Zone should 1uj
be placed perpendicular to the Example of Furnishing Zone Furnishing Zone pattern Decorative Paving:

Stamped Concrete Paving
Bomanite, Used Brick)
Example of Circulation Zone
Standard Paving:

Colored concrete with a
stamped brick edging and
banding

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DOWNTOWN LIVERMORE CONCEPT PLAN

LANDSCAPE DESIGN GUIDELINES

3. LANDSCAPE PALETTE
a) Landscaping along the Urban Edge
is suggested to be primarily warm
colors with red and yellow accents.
b) Street trees of the same species
along a street should be uniformly
the same size and form, and
meet the following minimum size
requirements at time of planting:

Primary deciduous species:

Pistacia chinensis, Zelkova
serrata, or Pyrus calleryana ' New
Bradford'. One or two trees
should be located along the
street adjacent to corners, in
front of retail uses, and next to
driveways and project entries.

Container size should be 24 -inch
box size or larger.

Primary evergreen species:

Podocarpus macrophyllus.

Evergreen trees should be
located between the primary
deciduous species to make up
the bulk of the streetscape tree
planting. Container size should
be 24 -inch box size or larger.

Corner accent species and
angled on- street parking trees:

Lagerstroemia indica ( standard
form). The variety and color
of Lagerstroemias should vary
at corners and parking areas
to define uses. Place three
or four trees at intersections
in conjunction with primary
deciduous species to develop a
welcoming visual atmosphere.

Container size should be
15- gallon size or larger and
trees should be placed where
they will not impact vehicular or
pedestrian lines of sight.
c) Landscape accents should be
used along the Urban Edge where
planting is not otherwise feasible:

Tree grates
Pots and urns
Raised planters
Example of deciduous trees along a street corridor
Example of evergreen trees along a street corridor

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DOWNTOWN LIVERMORE CONCEPT PLAN

LANDSCAPE DESIGN GUIDELINES
d) Primary shrubs species along the
Urban Edge should consist of a mix
of hardy evergreen plants, such as:

Agave attenuata
Correa ' Dusky Bells'
Myrtus communis ' Compacta'
Anigozanthos flavidus
e) Accent species along the Urban Edge
should consist of a mix of plants that
will provide year -round interest, such as:

Hemerocallis species
Muhlenbergia capillaris
Erigeron karvinskianus
Achillea millefolium
f) Groundcovers along the Urban
Edge should consist of fast - growing
understory plants, such as:

Dymondia margaretae
Myoporum species
Fragaria species
Thymus species
Lagerstroemia indica Pistacia chinensis
Natchez'
m w
m w
x a
Y H
m Z
w
m F ¢
a ,.. ticTniaidrt's ? so
Pyrus calleryana
New Bradford"
Zelkova serrata
z
o g
v a
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a
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Figure 6. Conceptual Plant Palette for the Streetscape Urban Edge

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B. STREETSCAPE PARKWAY
EDGE
The improvements discussed in this
chapter generally apply to the following
streets in the Downtown Concept Plan
area:
a) East -West Road
b) South K Street
c) Alley south of the proposed Hotel

1. CHARACTER
The streetscape will have a residential
character with large separated parkway
planters containing lush vegetation and
shade trees.

Pedestrian amenities will be strategically
located to allow for informal gathering
areas, and public art and historical
elements will be interwoven into the
streetscape
a) Special event street closures may
occur on some Parkway Edge
streets. They should be designed to
accommodate temporary bollards
or other methods to restrict vehicles
but still allow for large groups of
pedestrians to easily access events.

DOWNTOWN LIVERMORE CONCEPT PLAN

LANDSCAPE DESIGN GUIDELINES
b) South K Street will be utilized as a
pedestrian drop -off area, and special
decorative paving, benches and trash
receptacles should be provided.
c) The southern portion of South
K Street will be designed as an
emergency access road and utilized
as a pedestrian paseo. Refer to
the Paseos section of these Design
Guidelines for additional information.

FIRST STREET

RAILROAD AVENUE
x
y
Y B tX
G
m
SWORE
LINEAR
om
PAR
74 STUCNMEN' S
PART(

EAST- ESTRD

FIRST STREET

71. I"
LIZZIE m
fOVMAIN
W
RN

FUOFOLE
MAiA
Figure 7, Streetscape Parkway Edge Locations in the Downtown G
m
om
74 LIZZIE m
fOVMAIN
W
RN

FUOFOLE
MAiA

LNERMORIWI
YAlA
Figure 7, Streetscape Parkway Edge Locations in the Downtown Concept Plan

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DOWNTOWN LIVERMORE CONCEPT PLAN

LANDSCAPE DESIGN GUIDELINES
d) The typical cross section of the Parkway
Edge will contain the following:

T wide minimum Edge Zone
with large planters, lighting, and
paved areas between planters
that extend through to the
street. Planters with storm
water treatment vegetation,
such as along the north side
of the East -West Road will be
wider. The paved areas between
planters will connect pedestrians
to the street where needed
such as on- street parking areas)
or accommodate pedestrian
amenities such as seating, bike
racks or public art.
6' wide minimum Circulation
Zone with a clear path of travel.

Adjacent frontage zone
with outdoor uses such as
landscaping, seating areas, and
patios.

Searing
Area
Alternate Condition
Parkway Edge
Typical Streetscape Parkway Edge section

EXHIBIT B
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2. PAVING TREATMENTS
a) Edge Zone designated by
decorative paving, such as:

Decorative paved areas between
planters to denote seating areas
and access to the roadway:

Colored concrete paving with a
stamped brick pattern ( Bomanite
Used Brick or approved equal,
in a staggered running bond
pattern).

Decorative paving should be the
same pattern as the Urban Edge
to provide a consistent theme
for the Downtown Concept
Plan area, but may vary in color
and texture to match standard
paving.

Decorative paving areas should
be conveniently located between
planters for ease of pedestrian
access to the roadway, and
should continue across the
standard sidewalk paving to
visually show where to access
the roadway.

DOWNTOWN LIVERMORE CONCEPT PLAN
b) Circulation Zone designated by
standard paving, such as:

Salt finish colored concrete.

Utilize a warm integral color to
match paving in the edge zone.

Decorative paving is suggested
in the Circulation Zone on
East -West Road along the
sidewalks between the mid -
block crossings. This decorative
paving should be a colored and
scored concrete in a similar color
and pattern as the adjacent
paseo paving to clearly indicate
the primary pedestrian path of
travel. Refer to Chapter 4 for
additional information.
c) When decorative paving is used
between parking spaces it should be
similar to the adjacent decorative
paving and be vehicular rated and
set flush with adjacent asphalt.

LANDSCAPE DESIGN GUIDELINES
Example of
Circulation Zone
Standard Paving:

Salt Finished Color
Concrete
ter.

Example of
Edge Zone
Decorative Paving:

Stamped Concrete
Paving (Bomanite,
Used Brick)

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LANDSCAPE DESIGN GUIDELINES

3. LANDSCAPE PALETTE
a) Landscaping along the Parkway Edge
is suggested to be primarily cool
colors with blue and purple accents.
b) Street trees of the same species
along a street should be uniformly
the same size and form, and
meet the following minimum size
requirements at time of planting:

Primary deciduous species:

Chitalpa tashkentensis and Pyrus
calleryana ' New Bradford'. One
or two trees should be located
along the street adjacent to
corners, driveways and project
entries. Container size should be
24 -inch box size or larger.

Primary evergreen species:

Ulmus parvifolia' Drake.

Located between the primary
deciduous species to make up
the bulk of the streetscape tree
planting. Container size should
be 24 -inch box size or larger.

Corner accent species:

Lagerstroemia indica' Catawba'
standard form). Three or
four trees should be located at
intersections in conjunction with
the primary deciduous species
and be placed to develop a
welcoming visual atmosphere.

Container size should be
15- gallon size or larger and
trees should be placed where
they will not impact vehicular or
pedestrian lines of sight.
c) Bioswale area along the north
side of East -West Road should
utilize storm water species.
d) Landscape accents should be
used along the Parkway Edge to
protect and highlight vegetation.

Tree grates and guards
Up lighting on trees is
recommended in key locations
Example of a comer accent tree

EXHIBIT B
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e) Primary shrubs species along the
Parkway Edge should consist of a mix
of hardy evergreen plants, such as:

Myrtus communis ' Compacta'
Dietes grandiflora
Cistus species
Lavandula species
f) Accent species along the Parkway Edge
should consist of a mix of plants that
will provide year -round interest, such as:

Achillea millefolium
Penstemon species
Rosa species
Nepeta species
g) Groundcovers along the Parkway
Edge should consist of fast - growing
understory plants, such as:

Stachys byzantina
Myoporum parvifolium
Lomandra longifolia' Breeze'
Rosmarinus species
h) Storm water planting along the
Parkway Edge should typically contain
taller central species, combined
with vertical accents such as Iris and
grasses. A mix of textures and seasonal
dormancy should be provided.

DOWNTOWN LIVERMORE CONCEPT PLAN

LANDSCAPE DESIGN GUIDELINES
Lagerstroemia indica
Catawba'
Pyrus calleryana
New Bradford'
Ulmus parvifolia
Drake'
041P
Chitalpa tashkentensis
Pink Dawn'
Figure 8. Conceptual Plant Palette for the Streetscape Parkway Edge

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LANDSCAPE DESIGN GUIDELINES
C. STREETSCAPE ELEMENTS
Street element such as benches, trash and
recycling receptacles, bike racks, and bus
shelters can create a sense of character
and unify a place. The furnishings
described in this chapter are intended
for public areas, but their use ( or similar)
within private areas is recommended for a
cohesive Downtown Concept Plan area.
a) A cohesive selection of durable
and classic streetscape furnishings
should be consistently used in the
Downtown Concept Plan area.
b) Furnishings in the Downtown Concept
Plan area should be clustered together
to create gathering nodes for members
of the community to enjoy.
c) Site furnishings should be
placed to maintain vehicular
and pedestrian site lines.
d) Seating areas should be designed
to promote safety and deter
undesirable loitering.
e) Site furniture should be made of
high - quality materials and enamels
that have long life spans and are
able to withstand constant use and
exposure to the elements. Higher
grade materials ( metal and wood)
and / or recycled content materials
are required to reduce long -term
maintenance and replacement costs.
f) Seating areas should be placed in
key locations to encourage use and
be located to allow for legroom
and ease of maneuvering.

Where feasible, it is preferable to
design seating areas with benches
and / or chairs located in an L -shape
to allow for social interaction
Where single benches are used
they should be oriented to the
street or primary walkway
g) The furnishings in this section are not
intended to be a fixed and limiting
list. It is understood that over time
the furnishings listed may become
unavailable. Furnishings with similar
characteristics and materials may
be adopted per City approval.

Final selections may vary based
on unforeseen situations such as
budget limitations, technological
advancements, and manufacturing
availability. Final site furnishing
chosen at the time of construction
should consist of amenities
that are equal to the selections
shown in this section, and meet
the design intent of these design
guidelines in regards to scale
and aesthetic look and feel of
materials.

Furnishings in the Downtown Concept Plan area should
be clustered together to create gathering nodes
Design seating areas with benches and/ or chairs
located in an L -shape to allow for social interaction

EXHIBIT B
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MANUFACTURER.

Park Catalog
MODEL.'
Cast Iron
MANUFACTURER:

Maglin
MODEL:

MRC 202
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K
u
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w
m
r

DOWNTOWN LIVERMORE CONCEPT PLAN
MANUFACTURER:

Urban Accessories
MODEL:

Kwa ( Round or Square)
iu
MANUFACTURER:

Urban Accessories
MODEL:

Windsor ( Black)

LANDSCAPE DESIGN GUIDELINES
Figure 9. Streetscape Elements for the Downtown Concept Plan N
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MODEL:
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MANUFACTURER:

Visco Lighting
MODEL:

BO - 14 ( Black)
MANUFACTURER.

Visco Lighting
MODEL:

BO -14L ( Black)

EXHIBIT B
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DOWNTOWN LIVERMORE CONCEPT PLAN

LANDSCAPE DESIGN GUIDELINES

1. BENCHES
Benches should be placed to improve the
pedestrian experience.
a) Benches should be placed under tree
canopies for shade where feasible.
b) Benches should be designed to
deter homeless activity, whether
using a center armrest, installing
a shorter bench, and / or locating
benches in well -lit areas.

2. TRASH RECYCLING RECEPTACLES
Trash and recycling receptacles should
be placed to provide convenient waste
disposal in key locations such as entries,
seating areas, bus stops, and along
walkways throughout the Downtown
Concept Plan area.
a) Receptacles should be used in
conjunction with other furnishings.
b) Receptacles should be placed away
and / or located downwind from
seating areas where feasible.

3. BIKE RACKS
Bike racks encourage bike ridership and
prevent bikes from being locked to sign
posts or trees.
a) Attractive and convenient bicycle
parking should be located near
transit stops, street intersections,
commercial areas, parking lots, and
at entries to paseos, parks and key
pedestrian gathering areas throughout
the Downtown Concept Plan area.
b) Bike racks should accommodate a
minimum of two bicycles and their
capacity should be determined by the
location and the number of bicyclists
who frequent the destination.
c) Bike racks should be located to not
block pedestrian circulation when
bikes are on the racks, or when
maneuvering bikes to and from racks.
d) Where feasible, bike racks should
incorporate a vertical stagger to
eliminate handlebar tangles.

Benches should be placed under tree canopies for
shade where feasible
Attractive and convenient bicycle parking should be
located where it will not block pedestrian circulation

EXHIBIT B
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4. TREE GRATES AND GUARDS
Tree grates and tree guards should be
utilized where pedestrian or vehicular
activity warrants the need.
a) Attractive tree grates and guards
should be used throughout the
Downtown Concept Plan area:

Grates should be placed along
the Streetscape Urban Edge
within the Furnishing Zone
Grates and guards used along
the Streetscape Parkway Edge
within the angled parking areas
b) Tree grates are encouraged to provide
cut outs for up- lighting on trees in key
locations such as corners and entries.

S. BOLLARDS
Bollards should be located where
needed to prohibit vehicular access into
pedestrian use areas.
a) Removable bollards shall be
utilized where emergency access
is required and shall be installed
per City Standard ST -23.
b) Lighted bollards should be used where
high pedestrian activity is anticipated.

DOWNTOWN LIVERMORE CONCEPT PLAN

6. POTS AND RAISED PLANTERS
Potted plants and raised planters should
be used along the streetscape to add
color and visual interest, and be located at
entries and corners as accent elements.
a) Potted plants should be used where
at grade planters are not feasible and
where vertical elements are desired.
b) Raised planters should be designed
to accommodate comfortable
seating where feasible.
c) Raised planters should
incorporate decorative insets
and elements such as tiles.
d) Raised planters should include
skateboard deterrents.
e) Graffiti resistant coatings are
recommended on concrete planters.
f) Raised planters and pots that are
agricultural or historical in style or
form are recommended such as wine
barrels, troughs, and fruit tree boxes.
g) Recommended materials for
raised planters include:

Board form concrete
Stone
Wood
Brick

LANDSCAPE DESIGN GUIDELINES
Attractive tree grates and guards should be used
within angled parking areas.

Examples of raised planters made of stone and
board form concrete

EXHIBIT B
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DOWNTOWN LIVERMORE CONCEPT PLAN

LANDSCAPE DESIGN GUIDELINES

7. BUS SHELTERS
Bus shelters should be utilized at all
current and future bus stop locations
within the Downtown Concept Plan area.
a) Bus shelters should be combined with
decorative paving, benches, bike racks,
newspaper racks, trash receptacles, and
wayfinding and bus schedule signage.
b) Bus shelters should be made of durable
and graffiti- resistant materials.
c) Consider locating public art at bus
stops for interest and highlighting
public transportation.

8. NEWSPAPER RACKS
Newspaper racks should be placed
throughout the Downtown Concept
Plan streetscape in key locations such as
adjacent to seating and gathering areas,
and at bus shelters.
a) Existing newspaper racks should be
consolidated and replaced with a
cohesive newspaper rack design.
b) Newspaper racks shall be installed
and located per Chapter 12. 40 of
the Livermore Municipal Code.

D. WAYFINDING
A wayfinding signage program for
both vehicles and pedestrians should be
established for the Downtown Concept
Plan area. A cohesive wayfinding program
provides consistent and user - friendly
information about distances and routes
to and from major destinations, making
these places easier to connect to and
encouraging people to make short trips on
foot.
a) Vehicular directional signs will
establish an identity for the Downtown
Concept Plan area as a special
district within the City of Livermore.

Consider vehicular wayfinding on:

Pole mounted signs
Banners on light poles
b) Pedestrian wayfinding signs
directional and directories)
should follow the design aesthetic
established by the vehicular signs,
only on a much smaller scale.

Consider pedestrian wayfinding on:

Pole mounted signs
Paving insets in sidewalks and / or
crosswalks
Kiosks
Develop a cohe6wL ,- , ryurding program for the
Downtown Concept Plan area
Consider wayfinding signage that integrates
interpretive exhibit panels to highlight Livermore' s
history and culture
Examples of paving insets in sidewalks and /or
crosswalks to aid in pedestrian wayfinding

EXHIBIT B
ATTACHMENT 2
463
c) Explore methods of incorporating
historical elements into wayfinding
signage and provide directions to
historical landmarks and points of
interest within the downtown.
d) Where space allows, consider
incorporating interpretive exhibit
panels in conjunction with pedestrian
wayfinding signage at key locations to
discuss Livermore' s history and culture.
e) Wayfinding signage should utilize
common, easy to understand
symbols and fonts to identify and
guide travelers to Downtown
Concept Plan destinations, parking
and seasonal attractions.

DOWNTOWN LIVERMORE CONCEPT PLAN
f) Wayfinding signage should incorporate
distinctive forms and colors inspired
by the Downtown Concept Plan.
g) Durability, legibility, and maintenance
shall be carefully considered in
the development and design
of the wayfinding signage.
h) Wayfinding signage should
be well lit at night.

LANDSCAPE DESIGN GUIDELINES
Wayfinding should be used in both vehicular and
pedestrian scale signs

EXHIBIT B
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464

DOWNTOWN LIVERMORE CONCEPT PLAN

LANDSCAPE DESIGN GUIDELINES
E. CORNER TREATMENTS
Corner treatments should be used at
major intersections within the Downtown
Concept Plan area to welcome residents
and visitors with distinctive signage,
accent landscaping, decorative paving, and
interesting focal points.
a) Corners should be designed to
accommodate pedestrians and
should be clear of obstructions.

Furnishing and planting at
corners should not be located
where they obstruct pedestrian
or vehicular lines of sight.
b) Where feasible, corners should
incorporate bulboutsto provide the
most usable space and the shortest
crossing distances for pedestrians.

Refer to Pedestrian Crossings in this
chapter for more information.
c) Corners should include wayfinding
signage to orient pedestrian and
vehicles and to highlight Livermore' s
Downtown Concept Plan identity.
d) Incorporate dramatic and imaginative
landscaping with accent trees and
flowering planting to denote a
sense of arrival at corners.
e) Where feasible, pedestrian amenities
should be provided at corners such as:

Benches
Bike racks
Bollards
Decorative paving
Trash and recycling receptacles
f) Focal points and public art that exemplify
agricultural or historical style or forms
should be located at corners such as:

Trellises
Clock towers
Fountains
Potted plants
Comer treatments should include pedestrian
amenities, low growing accent landscaping,
decorative paving, and interesting focal points.

EXHIBIT B
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465
F. PEDESTRIAN CROSSINGS
Pedestrian crossings should have unique,
detailed, and well - articulated paving design
that is used throughout the Downtown
Concept Plan area.
a) A high visibility stamped asphalt
crosswalk paving treatment should
be consistently applied within the
Downtown Concept Plan area.
b) All crosswalks and curb ramps shall meet
the requirements of the Americans
with Disabilities Act Accessibility
Guidelines ( ADAAG) and the State of
California Code of Regulations Title 24.
c) A standard 12 -inch wide white stripe or
concrete band should be provided on
either side of all crosswalks to designate
the crossing within the roadway.
d) Accessible and non -slip surfaces
shall be used on all crosswalks.
e) All crosswalks shall include ADA accessible
curb ramps with truncated domes to
safely and easily access pedestrian
crossings. Curb ramps should align
in the direction of the crosswalk.
f) An advance stop bars, advance yield
warning markings, and / or pedestrian
crossing signage should be used
to alert drivers of crosswalks.
g) Pedestrian refuge islands should be
located on all roadways with medians.

DOWNTOWN LIVERMORE CONCEPT PLAN
h) On- street parking should be restricted
around crosswalks to improve
the visibility for pedestrians.
i) Site distance at crosswalk should be
maintained to ensure safe visibility.

Shrubs and groundcover plantings
should not exceed three 3 -feet in height,
and trees should be set back from
intersections to promote visibility.
j) Wayfinding signage is recommended
at key pedestrian crossings.

LANDSCAPE DESIGN GUIDELINES
Example of a crosswalk with stamped asphalt
paving in a ashlar slate pattem

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Figure f0. Comer Treatments and Pedestrian Crossings in the Downtown Concept Plan

EXHIBIT B
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466

DOWNTOWN LIVERMORE CONCEPT PLAN

LANDSCAPE DESIGN GUIDELINES

1. CROSSWALKS AT INTERSECTIONS
Special paving treatments should be
incorporated at intersection crosswalks to
define the Downtown Concept Plan area
and increase pedestrian crossing visibility.
a) The following intersection crosswalks
should be enhanced for increased
safety and crossing visibility:

South Livermore Avenue at
Railroad Avenue ( one southern
crosswalk)
South Livermore Avenue at East -
West Road ( all three crosswalks)
South Livermore Avenue at First
Street ( all four crosswalks)
East -West Road at South L Street
one eastern crosswalk)
b) As new development occurs in
the Downtown Concept Plan it
is recommended that adjacent
crosswalks be improved to meet
this guideline, especially where the
entire intersection is not updated:

Railroad Avenue at South
Livermore Avenue
Railroad Avenue at
South L Street
South L Street at East -West Road
and First Street
c) Pavement stencils with street names
or a city logo are recommended at
intersection crosswalks for wayfinding.
d) Consider decorative bollards at
primary intersections to visually
designate crossing areas.
e) Where an entire intersection is
enhanced with new crosswalks,
consider including decorative paving
within the center of the intersection.

Pavement stencils are recommended at intersection
crosswalks for wayfinding
i
Consider including decorative paving within the
center or the intersection
Decorative bollards are recommended at primary
intersections to visually designate crossing areas

EXHIBIT B
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467

2. MIDBLOCK CROSSWALKS
High visibility crosswalks should be
utilized for mid -block and / or uncontrolled
crossings, and they should be designed
with pedestrian safety and increased
visibility in mind.
a) Two uncontrolled midblock
crossings are proposed in the
Downtown Concept Plan area:

Two at the center of the new
East -West Road
b) Existing mid -block crosswalks
should incorporate applicable
midblock crossing enhancements
where possible, such as:

Signalized crossing at Railroad
Avenue between the existing
parking structure and the
Bankhead Theater Paseo

DOWNTOWN LIVERMORE CONCEPT PLAN

LANDSCAPE DESIGN GUIDELINES
c) Midblock crossings should incorporate
the following elements to enhance
awareness and safety of mid -
block pedestrian crossings:

An advance warning sign with a
pedestrian crossing signage and/
or pedestrian activated flashing
beacons
Wherethe line of site permits,
vertical elements such as the
trellises on First Street should
be used to highlight pedestrian
crossing areas
Bulbouts are recommended at
intersection crosswalks where
feasible to reduce pedestrian
crossing distance
Pavement stencils to alert
pedestrians of unsignalized
crossings
Example of pedestrian crossing signage being used
to alert vehicles of the crosswalk.

Use of pavement stencils for unsignalized crossings

EXHIBIT B
ATTACHMENT 2
468

DOWNTOWN LIVERMORE CONCEPT PLAN

LANDSCAPE DESIGN GUIDELINES

3. BULBOUTS/ CURB EXTENSIONS
Where feasible, bulbouts/ curb extensions
are recommended at all crossing areas to
increase driver awareness of pedestrians,
reduce crossing distances and help slow
traffic.
a) Generally, bulbouts should utilize
the smallest radii possible and
space for pedestrian amenities
should be maximized.
b) Where the line of site permits,
bulbouts should include
ornamental elements such as:

Low growing accent landscaping
Decorative paving
Pedestrian furnishings
Bollards
Example of a typical bulbout / curb extension
Bulboutsrcurb extensions are recommended at all crossing areas for pedestrian amenities to reduce crossing distances, slow tragic, and allow for driver awareness of pedestrians.

EXHIBIT B
ATTACHMENT 2
469
CHAPTER 4.

PASEO, PLAZA & PARK

LANDSCAPE DESIGN

GUIDELINES
This chapter contains specific guidance
for the design, paving and landscaping
of public paseos, plazas and parks These
guidelines build upon the Area -Wide
guidelines in Chapter 2 and should be used
in conjunction where applicable.

A. PASEOS AND PLAZAS
Paseos and plazas should be
distinguishable from the roadway and
contain interesting public art and historical
elements, with a variety of comfortable
seating areas and wayfinding signage.

Paseos and plazas should be safe and
inviting for all ages and abilities, and link to
key areas throughout the Downtown.

Existing paseos and plazas in the
Downtown Concept Plan area are
encouraged to incorporate design
elements from this chapter where
applicable.

RAILROAD AVENUE
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FIRST STREET
Publk Pahl Plau zb* I
Figure 11. Paseo, Plaza and Park Locations in the Downtown Concept Plan IIN
ES

EXHIBIT B
ATTACHMENT 2
470

DOWNTOWN LIVERMORE CONCEPT PLAN

LANDSCAPE DESIGN GUIDELINES

1. PASEOS
a) The pedestrian entry to paseos
should be highly visible from the
public right -of -way. Consider the
consistent use of vertical elements
within the streetscape as wayfinding
devices at paseo entries such as
trellises and / or large potted plants.
b) Consider placing banners and hanging
plants on light poles where feasible.
c) Public art and focal points should
be located at visual axis points to
draw pedestrians into the paseos.
d) Pedestrian scale decorative
lighting should be used in paseos
to create usable spaces that are
visually appealing at all hours.
e) An intensive wayfinding program
should be used in paseos to
direct and orient pedestrians.
f) A significant amount of the paseo area
should be dedicated to landscaping.

Provide large planters with seat
walls, and / or potted plants.
g) Pedestrian drop off areas with
seating are recommended
at key paseo locations.
h) Seating areas should be located away
from busy roadways or incorporate
elements to block road noise such as
fountains that utilize recycled water.

Decorative lighting should be used in paseos and plazas to create spaces that are visually appealing at all hours.

Focal points should be placed at visual axis points
to draw people into paseos and plazas
Consider banners and hanging plants on
light poles where feasible.

EXHIBIT B
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471

2. PLAZAS
Public outdoor plazas are encouraged
at key intersections, or in projects that
are adjacent to public facilities. Public
plazas can help create a sense of place
and provide a destination within the
development. Public plazas should be
designed to encourage people to gather,
both formally and informally, and should
be available for use by the general public.
a) Plazas are encouraged to utilize
the following elements:

Decorative and permeable
paving materials
Trash and recycle receptacles
Potted plants and raised planters
with seat walls
Focal points such as water
features and public art
Informational kiosks ( such as
advertising local cultural events)
Drinking fountains
Shade structures
Benches, tables and chairs
b) Shade from trees, shade
sails, trellises, overhangs and
awnings are recommended for
comfortable seating areas.
c) Gathering areas should be
located out of the direction of
prevailing winds when feasible.
d) Planters used along sidewalks
and within outdoor spaces
are encouraged to also
function as seat walls.

DOWNTOWN LIVERMORE CONCEPT PLAN

LANDSCAPE DESIGN GUIDELINES
Plazas can help create a sense of place and provide
a destination within the Downtown
Plazas are encouraged at key intersections to encourage people to gather

EXHIBIT B
ATTACHMENT 2
472

DOWNTOWN LIVERMORE CONCEPT PLAN

LANDSCAPE DESIGN GUIDELINES

3. PAVING TREATMENT
Public paseos and plazas should utilize
a consistent paving materials and colors
throughout the Downtown Concept Plan
area.
a) Provide decorative paving at
entries, drop off areas, and
seating areas such as:

Stamped concrete ( Bomanite
Brick or Boardform pattern, or
approved equal). Integral color
should be similar to standard
paving.
b) Provide standard paving for paseo
and plaza walkways, such as:

Colored concrete with decorative
scoring, and / or stamped
concrete ( Bomanite Coquina
pattern or approved equal).

Consider a dark colored
decorative banding around
tree wells, seating areas,
and between decorative and
standard paving.

Decorative paving insets are
suggested in key locations.

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should be used along with removable
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and other
emergency vehicles. EVA o
paving must be able support a gross
vehicle weight of at least 70, 000
pounds. Consider the combination of
paving
in an undulating form to reduce
the appearance of the overall width
of the access road and create a more
pedestrian friendly walkway, such as:
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EXHIBIT B
ATTACHMENT 2
473
4 LANDSCAPE PALETTE
a) Small accent trees in combination
with narrow columnar trees and
trellises with vines and / or espaliers are
suggested to step down and soften the
height of the surrounding buildings.
b) Paseos and plazas will typically be
located between buildings and generally
be more shaded than the adjacent
streetscape and plants should be
selected based on solar orientation.
c) Potted plants and raised planters
should be used to provide color
and interest ( refer to Shrub and
Groundcover Selection within the
Landscaping section of the Area -Wide
Guidelines for additional information
about selection for potted plants)

DOWNTOWN LIVERMORE CONCEPT PLAN

LANDSCAPE DESIGN GUIDELINES
Small accent trees with vines and /or espaliers should be used to step down and soften surrounding buildings.

EXHIBIT B
ATTACHMENT 2
474

DOWNTOWN LIVERMORE CONCEPT PLAN

LANDSCAPE DESIGN GUIDELINES
d) Primary shrubs species in paseos
and plazas should consist of a mix of
hardy evergreen plants, such as:

Asparagus densiflorus' Meyers'
Dietes species
Sarcococca species
Pittosporum species
e) Accent species in paseos and plazas
should consist of a mix of plants that will
provide year -round interest, such as:

Correa species
Rhaphiolepis indica ' Clara'
Clivia miniata
Acanthus mollis
f) Groundcoversin paseos and plazas
should consist of fast - growing
understory plants, such as:

Pachysandra terminalis
Euonymusjaponicus
Microphyllus'
Stachys byzantina
Liriope muscari
Cercis occidentalis Chionanthus retusus
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Tristania conferta
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Little Gem'
71 Figure 12. Conceptual Plant Palette for Paseos and Plazas

EXHIBIT B
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B. LINEAR PARK
Linear Park is proposed between South
L Street and South Livermore Avenue,
between the residential areas, and
will connect with Stockmen' s Park and
adjacent public and commercial areas.

1. CHARACTER
The Linear Park should create a sense of
place for the Downtown Concept Plan
area. The Linear Park should be visible and
welcoming from the street and adjacent
residential areas, but still provide privacy
for residents and park users.
a) Landscape structures, paving and
site furnishings should be designed
as integral parts of the overall
Downtown Concept Plan, and
implement elements described in the
Area -Wide Landscape Guidelines.
b) Property boundaries of the adjacent
residential areas should be defined by
low walls and open fences and / or buffer
landscaping to provide a barrier with a
sense of security derived from visibility.
c) Lighting and seating areas should
be carefully located to not impact
the adjacent residences.
d) Parks should have noise - generating
activities and playgrounds located
away from adjacent residential areas.

DOWNTOWN LIVERMORE CONCEPT PLAN
e) Incorporate focal points within the
Linear Park to enhance the pedestrian
and visual experience. These focal
points should be located at visual axial
points and placed in a sequence along
the primary walkway to draw people
into the park. Consider strategic
placement of the following elements:

Public art
Vertical features such as trellises
and shade structures
Accent landscaping
f) A primary entry should be designed
on South L Street, with secondary
entries at Railroad Avenue and East -
West Road. Pedestrian entries into
the Linear Park should denote it as
welcoming and clearly recognizable as
accessible and usable by the public.

All entries should include
signage designating it as a public
park
All entries should provide
decorative paving, accent
planting, dog bags and trash
receptacles

LANDSCAPE DESIGN GUIDELINES
The Linear Park should be visible and welcoming
from the street and adjacent residential areas, but
still provide privacy for residents and park users.

Incorporate focal points in a sequence along the
primary walkway to draw people into the park

EXHIBIT B
ATTACHMENT 2
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DOWNTOWN LIVERMORE CONCEPT PLAN

LANDSCAPE DESIGN GUIDELINES
g) Primary entries should provide
trellises and other vertical element to
highlight the entrance, and provide
additional pedestrian amenities
such as benches and bike racks.
h) Parks should provide seating in
varying sizes and configurations to
allow for individual quiet reflection
and larger group discussions.
i) Parks should include secondary
informal seating options such as
mounds of grass, steps, or walls to
increase overall seating capacity.
j) Outdoor gathering spaces and
playgrounds should include seating,
trash cans, bicycle racks, and/
or other pedestrian amenities.
k) Interpretive exhibits should be
provided at key gathering and seating
areas to educate park users about
the region' s history and culture.

2. PLAY AREAS
a) Playgrounds should be fun and safe for
children of all abilities and mobility, and
provide a variety of spaces and play
equipment for a range of age groups.
b) Play equipment should allow for ADA
accessibility, use natural colors, and
be durable and low maintenance.
c) A small informal play area is
recommended for children with
boulders and incorporating natural
and historical elements.
d) Playgrounds should be set well back
from the roadways, and incorporate
fencing and / or landscape barriers
to establish boundaries and
enclose the playground area.
e) Where feasible, playgrounds should
include an assortment of landforms
and grades such as mounds, ditches,
tunnels, ramps, decks and bridges.
f) Playground areas should include
a variety of different surfaces,
such as pavement for ball
games or hopscotch and natural
materials like sand and gravel.
g) Incorporate areas for play for all ages
such as bocce ball, horse shoes, large
chess boards and checker tables.

Example of a small informal play
area with natural elements
Provide areas for play for all ages and abilities
Play areas should incorporate natural elements
such as boulders.

EXHIBIT B
ATTACHMENT 2
477

3. PAVING TREATMENTS
a) Durable and slip resistant standard
paving materials should be used for
pedestrian walkways in parks, such as:

Broom finished concrete and / or
concrete paving with a stamped
pattern ( Bomanite Heavy Slate
or approved equal). Integral
color should match adjacent
decorative paving materials.
b) Decorative paving materials should be
utilized at park entries, key pathway
nodes, and seating areas, such as:

Concrete paving with a stamped
pattern ( Bomanite Rustic Slate
and / or English Sidewalk Slate or
approved equal).

Consider including acid finish
concrete paving in key focal
point areas.
c) It is recommended to incorporate
decorative insets or etching in
paving to highlight the history
and culture of Livermore.

DOWNTOWN LIVERMORE CONCEPT PLAN

4. LANDSCAPE PALETTE
a) Parks should incorporate fast - growing
shade trees for tree lined walkways
and seating and picnic areas.
b) Accent and specimen trees
should be provided at entries
and pathway connections.

Specimen trees should be 36-
inch box size
Accent trees should be 24 -inch
box minimum size
c) A central lawn area is suggested
for active and passive recreation
for activities such as sports, games,
relaxation, and group events.

The lawn areas should be sized
and shaped to reduce irrigation
runoff and over spray, and to
drain to planting beds to capture
irrigation runoff
Avoid turf shapes with tapered
strips with acute angles
d) Parks should use natural materials
such as boulders, river rock, and
cobblestones in organic groupings.

LANDSCAPE DESIGN GUIDELINES
Parks should incorporate fast - growing shade trees
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EXHIBIT B
ATTACHMENT 2
478

DOWNTOWN LIVERMORE CONCEPT PLAN

LANDSCAPE DESIGN GUIDELINES
e) Primary shrubs species in parks
should consist of a mix of hardy
evergreen plants, such as:

Rhaphiolepis species
Arctostaphylos species
Salvia species
Pittosporum species
f) Accent species in parks should consist
of a mix of plants that will provide
year -round interest, such as:

Kniphofia uvaria
Phormium species
Strelitzia reginae
Anigozanthos flavidus
g) Groundcovers in parks should consist of
fast - growing understory plants, such as:

Lomandra longifolia' Breeze'
Euonymusjaponicus
Microphyllus'
Gazania species
Thymus species
h) Buffer planting in parks should be
provided between residential units
and the park, adjacent to playgrounds,
and where screening is needed.
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EXHIBIT B
ATTACHMENT 2
479
C. PASEO, PLAZA & PARK

ELEMENTS
Public paseo, plaza and park elements
should be consistently located throughout
the Downtown Concept Plan area.
a) Paseo, plaza and park elements
should be cohesive but visibly
different from streetscapes furnishings
to develop a unique streetscape
frontage and aid in wayfinding.

Refer to Streetscape Elements
in Chapter 3 and Lighting in
Chapter 2 for elements to be
used in Paseos, Plazas and Parks.
b) The selections depicted in this section
are examples of amenities that
meet the Downtown Concept Plan
design aesthetic, but final selections
may vary based on unforeseen
situations such as budget limitations,
technological advancements, and
manufacturing availability.

Final site furnishing chosen at
the time of construction should
consist of amenities that are
equal to the selections shown in
this section, and meet the design
intent of these design guidelines
in regards to scale and aesthetic
look and feel of materials.

DOWNTOWN LIVERMORE CONCEPT PLAN

LANDSCAPE DESIGN GUIDELINES

1. TABLES & CHAIRS r'
a) Tables in paseos, plazas and
parks should be placed where
they will be well utilized.
b) Consider placing outdoor heaters
adjacent to tables and chairs in key
paseo and plaza seating areas.
c) ADA picnic tables should be provided
in parks per code and be surrounded
by paving for accessibility.

2. LIGHTING
a) Lighting in Paseos, Plazas and
Parks should be visibly different
from streetscapes, but be visually
interesting and historically accurate.
b) Light poles should incorporate wood
poles, arms with decorative metal
brackets and / or bases made of stone or
brick to reflect the historical character.

3. SHADE STRUCTURES
a) Historically accurate shade structures,
gazebos, and trellises should be
used in parks to provide shade.
b) Shade structures should utilize
decorative column materials
and aesthetically pleasing eave
heights and roof pitches.
c) Shade structures should utilize
natural colors and materials,
such as wood and stone.

Light poles should it elements to reflect
the historical character of Livermore
Shade structures should be provided in parks

EXHIBIT B
ATTACHMENT 2
480

DOWNTOWN LIVERMORE CONCEPT PLAN

LANDSCAPE DESIGN GUIDELINES
MANUFACTURER:

Belson
MODEL:

Regency
MANUFACTURER.

Landscape Forms
MODEL:

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MODEL:

Charlie
MANUFACTURER:

Iron Age
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MANUFACTURER:

Belson
MODEL.
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MANUFACTURER.

Sternberg
MODEL.

Tinley 1220
MANUFACTURER:

Iron Smith
MODEL
Aegean
MANUFACTURER:

Bel- Lighting
MODEL:

Strida

EXHIBIT B
ATTACHMENT 2
481
CHAPTER 5:

PRIVATE LANDSCAPE

DESIGN GUIDELINES
A. RESIDENTIAL SITE

PLANNING
Create a pedestrian - scaled environment
through appropriate walkway widths and
placement of patios and gathering spaces
a) Orient buildings entries to the street.
b) A clearly visible and well- designed
project entry should be created
using low walls, decorative paving
and lighting, accent landscaping, and
signage to visually link the project
site entry to the building( s).
c) Residential patios and gathering areas
should be oriented towards the public
street and placed along the back of
sidewalk to define the street frontage.
d) Decks and balconies should be
located and designed to minimize
potential privacy- sensitive
issues on adjacent parcels.

DOWNTOWN LIVERMORE CONCEPT PLAN

LANDSCAPE DESIGN GUIDELINES
e) Special attention to maintaining the
privacy of residents while providing
safety to Linear Park users. Elements
placed at the perimeter of these
two uses should be below 40- inches
in height and allow for views but
provide a barrier between the areas.

Low walls and hedges
Open fencing and gates
f) Site layout and building placement
should ensure pedestrian connectivity
and encourage activity and / or informal
interactions within public spaces.
g) Residents should have safe, efficient,
and convenient access to the adjacent
Linear Park for recreation and social
activities. Open space should focus
on areas that are usable to the
residents and not merely remainder
parcels with marginal utility.
h) Landscape planting, paving, and
site furnishings and fixtures should
be designed as integral parts of the
overall Downtown Concept Plan area,
and be consistent or compatible
with the neighborhood architectural
style, scale, material, and finishes.

Landscaping in residential areas
should utilize the Master Plant
List, and reflect the palette in the
area adjacent to the project.

Pay special attention to maintaining the privacy of
residents while providing safety to Linear Park users
A clearly visible and well - designed project entry
should be created

EXHIBIT B
ATTACHMENT 2
482

DOWNTOWN LIVERMORE CONCEPT PLAN

LANDSCAPE DESIGN GUIDELINES
B. COMMERCIAL SITE

PLANNING
Create a pedestrian - scaled environment
using human scale elements and the
placement of frontage elements and
outdoor gathering spaces.
a) Orient buildings entries to the
street. Corner sites should locate
primary entries at the intersection
and incorporate detailed pedestrian
scale elements and accent
landscaping into the entry design.
b) A clearly visible and well- designed
project entry should be created using
decorative paving, furnishings, accent
landscaping, and signage to visually link
the project site entry to the building( s).

Recessed entries are recommended
along streetscape frontages.
c) Frontage elements and gathering
areas should be oriented towards the
public street and placed at the back of
sidewalk to define the street frontage.
d) Site layout and building placement
should ensure pedestrian connectivity
and encourage activity and / or
informal interactions adjacent uses.
e) Landscape planting and features,
paving, and site furnishings and fixtures
should be designed as integral parts
of the overall Downtown Concept Plan
area, and be consistent or compatible
with the neighborhood architectural
style, scale, material, and finishes.

Landscaping in commercial areas
should utilize the Master Plant
List, and reflect the palette in the
area adjacent to the project.
f) Private pool areas should be
located out of view of streetscape
areas to the extent possible.
g) Vegetation around private pools should
be evergreen with minimal litter, and
not contain species that attract bees.
h) Service and delivery areas should
be carefully located out of view of
public use areas and /or provided with
adequate space for landscape screening.
i) Commercial buildings adjacent to
Stockmen' s Park should be designed
to allow for outdoor seating areas
and / or displays on the side of the
building that faces the park.

Landscape features, paving, and site furnishings
should be designed as integral parts of the overall
Downtown Concept Plan
Corner sites should locate primary entries at the
intersection, and incorporate detailed pedestrian
scale elements into the entry design

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C. FRONTAGE ZONES
The street setback area within private
property should include a welcoming
Frontage Zone to the public that
ties in visually with the streetscape
improvements.
a) Incorporate pedestrian amenities
and elements that invite residents
and visitors to relax and enjoy
the streetscape ambiance.
b) Patio and outdoor seating areas are
encouraged within the Frontage
Zone on private property and should
be staggered where feasible with
the public seating locations.

DOWNTOWN LIVERMORE CONCEPT PLAN

1. RESIDENTIAL FRONTAGE ZONES
a) Balconies and patios are suggested
along the residential frontage
zone to encourage interaction
and a strong relationship to
the adjacent public space.
b) Paving in residential frontages is
recommended to be visually distinct
from adjacent sidewalk paving to
distinguish the private and public areas.
c) Comfortable pedestrian amenities
that encourage outdoor use should be
utilized in residential frontage areas.

Example of balconies and patios creating a
relationship with the public space

LANDSCAPE DESIGN GUIDELINES
Example of low walls at patio along a residential
frontage which facilitate social interaction
Example of a welcoming seating area that
encourages outdoor use in the residential frontage

EXHIBIT B
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DOWNTOWN LIVERMORE CONCEPT PLAN

LANDSCAPE DESIGN GUIDELINES

2. COMMERCIAL FRONTAGE ZONES
a) The Commercial Frontage Zone
should provide paving that blends or
mimics the adjacent sidewalk paving
by incorporating the same scoring
pattern or similar materials to create
the illusion of a wider sidewalk.
b) Consider alternatives to fencing at
commercial frontage areas such as
a bar with stools along the seating
area, or landscape planters.
c) In addition to the pedestrian elements
suggested in Chapter 4 for Paseo and
Plaza areas, consider utilizing furnishings
that reflect the local wineries,
history and /or agriculture uses.
d) Comfortable seating options and
umbrellas that help create a relaxed
atmosphere and invite visitors to sit and
enjoy the streetscape are encouraged
along the commercial frontage.

Examples of bar and stools placed along the edge
of the commercial frontage zone
Examples of furnishings that help create the historic
atmosphere of the Downtown Concept Plan
Examples of outdoor dining areas within the
commercial frontage zone

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D. PRIVATE GATHERING AREAS
Private gathering areas are encouraged and
should include pedestrian and amenities
such as seating and trash receptacles.

These gathering areas should be
comfortable and welcoming for pedestrians
to encourage outdoor use.
a) Where appropriate, incorporate
pedestrian amenities listed in
Paseos and Plazas in Chapter 4.
b) The back of buildings or blank walls
should not define a private outdoor
space. The edges of private outdoor
spaces should be defined by:

Common walkways and building
frontages with active uses
Fences, walls, landscaping, and
other similar features
c) Consider the use of decorative
lighting and outdoor fireplaces or
fire pits for evening gatherings.
d) Durable and slip resistant paving
should be used in gathering areas.

DOWNTOWN LIVERMORE CONCEPT PLAN
e) Gathering areas should have direct
access to adjacent building entrances
and shall not block a building entrance
or path leading to a building entrance.
f) Private outdoor gathering spaces
on adjacent sites or buildings are
encouraged to include connections
or be combined to create larger and
more meaningful outdoor spaces.

Consider the use of outdoor fireplaces or
fire pits for evening gatherings

LANDSCAPE DESIGN GUIDELINES
Pedestrian gathering area entrances should be
highlighted with vertical elements such as
trellises and tall planters.
7 Gathering areas adjacent to roadways should use
elements to block noise such as fountains

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ATTACHMENT 2
486

DOWNTOWN LIVERMORE CONCEPT PLAN

LANDSCAPE DESIGN GUIDELINES
E. FENCES AND WALLS
Fences and walls are a key element
in creating the visual character of the
Downtown Concept Plan area and should
be carefully designed and located.

Fencing, walls and gates should be
designed to complement the adjacent
architecture and not detract from the
neighborhood character.
a) Materials and design elements
for fences, walls and gates are
suggested to draw from the black
iron work and bricks used in the
historic Blacksmith Square.
b) Fence, wall, and gate heights should
not exceed a height of 40 inches.
c) Both sides of all perimeter walls
or fences should be architecturally
treated. Fences and walls with
alternating panels or a decorative
material on both sides is preferred.
d) Fences and walls shall have an
articulated design, which can be
created by having regularly spaced
posts, varying the height, and
by using different materials.
e) Long expanses of fence or wall
surfaces should be offset and
architecturally designed to prevent
monotony. Landscape pockets should
be provided in these offset areas.
f) Consider incorporating custom
decorative elements into the fence,
wall, and gate design that highlight
the culture and history of Livermore.
g) Decorative caps and ornamental gates
are suggested to enhance the character
and design of the walls and fencing.
h) The use of decorative pilasters in
key locations along fencing and
walls is encouraged, especially at
shifts in direction and at gates and
points of entry. Pilasters should
match the adjacent architecture
and consist of materials such as:

Plaster and stucco
Concrete masonry
Natural stone or brick
Tile insets
Light fixtures
Long expanses of fence or wall surfaces should be
off set and architecturally designed to
prevent monotony
Consider incorporating custom decorative elements
into the fence, wall, and gate designs that highlight
the culture and history of Livermore

EXHIBIT B
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487

1. FENCING
Fencing should have an open character
and be designed with a low level of
opacity to maintain an open feeling while
providing some level of privacy.
a) Fences and gates should be made of
one or more of the following materials:

Metal and wrought iron
Concrete formed wood
Wood
Other materials of similar
quality, durability, and character
to the above
b) Metal fencing used in conjunction
with low walls is suggested.
c) Solid fencing should be used only where
needed for privacy and screening.

Where privacy is needed,
consider partial screening with
an open upper section
Agricultural styles are suggested
for wood gates and fencing, such
as " x" crossing rails
Consider the use of heavy
timbers, reclaimed wood, and
varying the width of railings
d) Chain link, barbed wire, and razor
wire fencing is not recommended.

DOWNTOWN LIVERMORE CONCEPT PLAN

LANDSCAPE DESIGN GUIDELINES
Examples of metal and wrought iron fencing
Example of an agricultural style
wood gate and fencing
Example of concrete formed wood fence with pilasters
Example of solid fencing with a varying rail width

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ATTACHMENT 2
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DOWNTOWN LIVERMORE CONCEPT PLAN

LANDSCAPE DESIGN GUIDELINES

2. WALLS
Walls pertain to site walls, raised planters,
seat walls, and retaining walls.
a) Walls should be treated with an
anti- graffiti coating and utilize
skate deterrents where needed.
b) White and light colors are
suggested for walls.
c) Walls should be made of one or
more of the following materials:

Textured block
Concrete with reveals
Stone
Brick
Stucco
d) Decorative elements such as a base
treatment is recommended. Consider
the use of natural materials such as
Imprints and insets of historical
elements
Natural materials such as rock,
brick, and terra cotta
Tile insets
White and light colors are suggested for walls
Example of split -face textured block
Walls should utilize natural materials such as brick
Stucco or concrete walls with reveals are
encouraged
Decorative insets such as the are recommended

EXHIBIT B
ATTACHMENT 2
489

APPENDIX A

MASTER PLANT LIST
The Master Plant List is a recommendation
of trees, shrubs and groundcover for the
Downtown Concept Plan area. Many
of the species listed are existing species
currently present within the Downtown
and included in the City' s Planting Guide in
Landscape Standard Details L -18A to L -22.

The Master Plant List is not intended to
be a fixed list. Due to the ever - changing
nursery trade, some plants on the Master
Plant List will become unavailable and new
species and hybrids will be introduced.

The landscape architect shall provide
guidance material affirming compliance
when selecting plants not on the list.

DOWNTOWN LIVERMORE CONCEPT PLAN
a) Vegetation in the Downtown Concept
Plan area should be selected from
the Master Plant List. Additional
plants may be approved for use if
they meet the criteria noted below:

Drought tolerance
Appropriateness of size and form
for the use area
Overall attractiveness
Compatibility with other plants
from the Master Plant List
Non- invasive species as listed
by the California Invasive Plant
Council

LANDSCAPE DESIGN GUIDELINES

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DOWNTOWN LIVERMORE CONCEPT PLAN

LANDSCAPE DESIGN GUIDELINES
Ma4ter Plant Wt - rreeaStreet Trees DESCRIPTION HEIGHT SPACING y
v
U U
O
U
O
U
O
O
a
m o
3 w o 0 0 0 0 0
Botanical Name Common Name t o U 0 0 0 0 0 0
Acer buergerianum Trident Maple x x
Celtis sinensis Chinese Hackberry x x x
Chitalpa tashkentensis Chitalpa x x x x
Elaeocarpus decipiens Japanese Blueberry Tree x x x x
Geijera parviflora Australian Willow x x x
Handroanthus heptaphyllus Pink Trumpet Tree x x x
Koelreuteria paniculata Golden Rain Tree x x
Lagerstroemia species Crape Myrtle x x x x
Laurus nobilis' Saratoga' Bay Laurel x x x
Pistacia chinensis Chinese Pistache x x x
Podocarpus macrophyllus Southern Yew x x x
Prunus caroliniana' Bright N Tight' Carolina Laurel x x x x x Pyrus calleryana' New Bradford' Callery Pear x x x
Ulmus parvifolia Drake' s Chinese Elm x x x x
Zelkova serrata Sawleaf Zelkova x x

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DOWNTOWN LIVERMORE CONCEPT PLAN

LANDSCAPE DESIGN GUIDELINES
Maater KatitList - Treea,
Park & Paseo Trees DESCRIPTION HEIGHT SPACING
Botanical Name Common Name
v
m
v
F
a
s
v
3 o
a
h
v
o
o
o
r
0 o
0 b
V
O
0 o
V
O
0 0
V
O
0 0
Acer rubrum' Armstrong' Columnar Red Maple x x x x
Albiziajulibrissin Silk Tree x x x x
Arbutus ' Marina' Madrone x x x x
Arbutus menziesii Pacific Madrone x x x x
Arbutus unedo Strawberry Tree x x x x
Cercis canadensis Eastern Redbud x x x x
Cercis occidentalis Western Redbud x x x x
Chionanthus retusus Chinese Fringetree x x
Chitalpatashkentensis Chitalpa x x x x
Cinnamomum camphora Camphor Tree x x x
Cornus kousa Kousa Dogwood x x x
Cornus sericea Red Twig Dogwood x x x
Cotinus coggygria ' Purpureus' Smoke Tree x x x x
Ginkgo biloba Maidenhair Tree x x
Koelreuteria paniculata Goldenrain Tree x x
Lagerstroemia species Crape Myrtle x x x x
Liquidambar styraciflua ' Festival' Festival Sweet Gum x x Magnolia grandiflora ' Little Gem' Dwarf Southern Magnolia x x x Pistacia chinensis Chinese Pistache x x x
Platanus acerifolia' Columbia' London Plane Tree x x x
Prunus species Flowering Cherry x x x
Quercus agrifolia Coast Live Oak x x x
Robinia • ambigua' Idahoensis' Idaho Locust x x x x
Tristania conferta Brisbane Box x x x
Zelkovaserrata SawleafZelkova x x

EXHIBIT B
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DOWNTOWN LIVERMORE CONCEPT PLAN

LANDSCAPE DESIGN GUIDELINES
Maater Plant L%at - Slw•ui)-s

SHRUBS & GROUNDCOVER DESCRIPTION HEIGHT
Botanical Name Common Name
E
c
v
v
2 v
F°.
mt3
0 J
a
v
u
m
v
v
0 o
m
v
J
in
o
Acanthus mollis Bear' s Breech x x x
Agave attenuata Fox Tail Agave x x
Agave desmett { ana Smooth Agave x x x
Ajuga reptans Carpet Bugle x x x
Anigozanthosflavidus Kangaroo Paw x x x x
Asparagus densiflorus' Meyers' Foxtail Fern x x x x
Clivia miniata Clivia x x x x
Correa species Australian Fuchsia x x Varies
Dietesgrandiflora Fortnight Lily
x x x x x
Dymondiamargaretae Silver Carpet x x x
Euonymusjaponicus' Microphyllus' Evergreen Euonymus x x x x Fatsia japonica JapaneseAralia x x
Fragaria species Ornamental Strawberry x x x
Hebe' Vahegata' Variegated Hebe x
I
x
Lomandra longifolia ' Breeze' Dwarf Mat Rush x x x x x
Myoporum parvifolium' Putah Creek' Myoporum x x
Myrtus communis' Compacta' Dwarf Myrtle x x x
Nephrolepis cordifolia Southern Sword Fern x x x x
Ophiopogon japonicus Mondo Grass x x x x
Pachysandra terminalis Japanese Spurge x x x
Phormium hybrids New Zealand Flax x x Varies
Polystichum munitum Western Sword Fern x x x x
Rhaphiolepis indica' Ballerina' Ballerina Indian Hawthorn x x x x Sarcococca species Sweetbox x x x x
Senecio mandraliscae Kleinia x x x
Teucrium cossonii Germander x x x x x
Thymus species Thyme x x x x
Westringia fruicosa Dwarf Coast Rosemary x x x

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493

DOWNTOWN LIVERMORE CONCEPT PLAN

LANDSCAPE DESIGN GUIDELINES
Maaterr Ka.vttLimit - Sh.rrub -k

ACCENT SHRUBS & GROUNDCOVER DESCRIPTION HEIGHT SPACING
Botanical Name Common Name
c
N
a
o
v
L
v
y
3 O
v
a
u
c
U
c
N
0 E
0 c
W
in
0 E
O
in
Achillea millefolium Common Yarrow x x x x x
Armeria maritima ' Alba' Sea Thrift x x x x
Calamagrostis' Karl Foerster' Reed Grass x x x
Coprosma kirkii' Variegata' Creeping Coprosma x x x x
Erigeron karvinskianus Mexican Daisy
x x x x x
Euphorbia charcias' Bruces Dwarf' Bruce' s Dwarf Euphorbia x x x x x Gazania species Gazania x x x
Helictotrichon sempervirens Blue Oat Grass x x x
Hemerocallis species Daylily
x x x x
Hesperaloe parviflora Red Yucca x x x x
Heuchera species Coral Bells x x x x x
Kniphofia uvaria Red - hot Poker x x x x x
Lavandula species Spanish Lavender x x x x x
Lessingia filaginifolia ' SilverCarpet' California Aster x x x x x Liriope muscari Big Blue Lily Turf x x x x x
Muhlenbergia capillaris Pink Muhlyx x x x
Nepeta species Catmint x x x x x
Pennisetum alopecuroides' Little Bunny' Fountain Grass x x x x Penstemon species Bearded tongue x x x x x
Perovskia atriplicifolia Russian Sage x x x x x
Rosa species Rose x Varies Varies
Salvia species Sage x x x Varies Varies
Scaevola' Mauve Clusters' FairyFan Flower x x x x x
Stachys byzantina Lambs ear x x x x x x
Strelitzia reginae Bird of Paradise x x x
Teucrium chamaedrys Germander x x x x x
Zauschneria californica California Fuchsia x x x x

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DOWNTOWN LIVERMORE CONCEPT PLAN

LANDSCAPE DESIGN GUIDELINES
Mater Pla itWt - Shwu lra

SCREENING SHRUBS, VINES & ESPALIERS DESCRIPTION HEIGHT
Botanical Name Common Name
F
c v
v
a
v s
Z
l0
3 v
V
N
c
w
M
10 v
o
w
O
E
m
10 Y
v
in
o
Arctostaphylos species Manzanita x Varies
Berberis species
Barberry Varies
Bougainvillea species Bougainvillea x x Varies
Callistemon ' Little John
Dwarf Bottlebrush x x x
Camellia species Camellia x x Varies
Ceanothus species California Wild Lilac x x Varies
Cistus species Rockrose x x Varies
Distictis' Rivers' Royal Trumpet Vine x Varies
Dodonaea viscosa
Hop Bush x x
Escallonia species Escallonia Varies
Ficus pumila
Creeping Fig Varies
Heteromeles arbutifolia Toyon x x
Juniperus species Juniper x Varies
Leptospermum species Tea Tree x x
Leucadendronspecies Leucadendron x Varies
Myrtus communis Myrtle x x
Pittosporum crassifolium Karo x
Pittosporum tobira ' Variegata' Tobira x x x
Podocarpus macrophyllus' Maki' Yew Pine x x
Rhamnus species Rhamnus x Varies
Rhaphiolepis indica' Clara' Indian Hawthorn x x x x
Rhaphiolepis umbellata' Minor' Dwarf Yedda Hawthorn x x x Thus ovata Sumac x x
Rosman .nusspecies Rosemary x Varies
Westringia fruicosa Coast Rosemary x x

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DOWNTOWN LIVERMORE CONCEPT PLAN

LANDSCAPE DESIGN GUIDELINES
Ma4terr Plait Lift- Sh ru )-s

STORM WATER SHRUBS & GROUNDCOVER DESCRIPTION HEIGHT SPACING C N
U
m N m o m o
c
a
v c Y in E
o
Y in E
o
Botanical Name Common Name m
d
s
3 o
U N o 0
Carexdivulsa Grey Sedge x x x x
Carextumulicola Berkeley Sedge x x x x
Chondropetalum elephantinum Large Cape Rush x x x
Chondropetalum tectorum Small Cape Rush x x x
Deschampsia cespitosa Tufted Hair Grass x x x x
Eriogonum fasciculatum Flattop Buckwheat x x x
Festuca species Festuca x x
j
x
Iris douglasiana Douglas Iris x x x x x
Juncus patens California Gray Rush x x x x
Leymus condensatus' Canyon Prince' Giant Rye Grass x x x Mahonia repens Creeping Mahonia x x x x
Mimulus aurantiacus Common Monkeyflower x x x x x
Mimulus cardinalis Scarlet monkeyflower x x x x x x
Muhlenbergia rigens Deer Grass x x x

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CITY COUNCIL GOALS & PRIORITIES WORKSHOP
WHITE PAPER 3C
DATE: February 11, 2019
TO: Honorable Mayor and City Council
SUBJECT: Downtown

EXECUTIVE SUMMARY
On January 29, 2018, at the conclusion of a yearlong public engagement process, the City Council approved the development concept for the Core Downtown Plan (Downtown Plan). Key projects in the Downtown Plan include Stockmen’s Park, a boutique hotel on the southeast corner of Railroad Avenue and South Livermore Avenue, an expansion of the commercial uses around Blacksmith Square, a new L Street parking structure and additional parking facilities at I-Street, a black-box theater, a science and society center, and 130 workforce-housing units.

If Downtown continues as a City Council goal, then staff would continue to prioritize implementation of the Council’s vision for the Downtown Plan. The near term objective will be to coordinate project phasing with the provision of parking during construction. The ultimate intent will be to continue developing the public and private improvements that will further enhance the downtown and meet the needs of the community, within the City’s financial capacity to develop and maintain publicly funded improvements over time.

BACKGROUND
The Downtown Specific Plan, adopted in 2004, has transformed the downtown into a vibrant community and regional destination. Over the last 15 years, clear market-based land use policies, streamlined project review processes, infrastructure improvements along First Street, and downtown parking improvements have led to the creation of an active downtown district.

At the City Council’s Goals and Priorities Workshop on February 15, 2017, the City Council identified the Downtown as a Council Priority. In April 2017, the Council appointed a Downtown Steering Committee made up of community stakeholders to develop a public engagement plan to help the City Council determine a final plan for the City-owned downtown catalyst sites.
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Downtown

An extensive engagement effort gathered community feedback on comment cards, workbooks, YourLivermore.org, online engagement tools, and the Priority Ranking Worksheets. The Priority Ranking Worksheets identified parking, community character, and open space as the highest priorities. Based upon the community feedback and Key Learnings adopted by the Downtown Steering Committee, the City Council approved the Downtown Plan.

The Council’s approval of the Downtown Plan set the stage for approving the following entitlements:
x Downtown Specific Plan Amendments to designate distinct subareas for the uses in the Downtown Plan and allow a four-story hotel where the existing Specific Plan allows a three-story hotel (Resolution 2018-154).
x Design Review and Disposition and Development Agreement for the boutique hotel (Resolutions 2018-155 and 2018-156).
x Design Review for the L Street Parking Structure, surface parking, and the east/west street (Veteran’s Way) (Resolution 2018-157). x Design Review for Stockmen’s Park and Landscape Design Guidelines for the Downtown Plan (Resolution 2015-167).
x Disposition and Development Agreement for the new commercial uses around Blacksmith Square and Stockmen’s Park (Resolution 2018-185).

x Exclusive Negotiating Rights Agreements were also approved with the Livermore Shakespeare Festival and the Science and Society Center for new cultural facilities around Stockmen’s Park.
x Disposition and Development Agreement for new workforce housing on the northwest corner of the downtown site.

On November 26, 2018, the City Council adopted Resolution 2018-200 accepting certification by the City Clerk as to the sufficiency of signatures on a referendum petition protesting portions of the Downtown Specific Plan Amendments for Chapter 5 (Development Standards - Core), Chapter 7 (Circulation and Transportation), and Chapter 8 (Parking Standards).

The Council’s subsequent adoption of Resolution 2018-201 repealed the Specific Plan Amendments listed in the referendum petition, and confirmed that the remaining amendments to the Downtown Specific Plan approved by Resolution No. 2018-154 remain in effect. The primary result of adopting the referendum is that the approval for the downtown hotel will need to be modified to reduce the height from four stories to three. 57 EXHIBIT C
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Downtown

POLICY CONSIDERATIONS
If the Downtown were selected as a goal by the City Council, staff would prioritize work on the following Downtown Plan projects:
x Specific Plan Amendments to the Downtown Specific Plan for items outside the intent of the referendum, including removal of references to BART and a regional performing arts theater, and other clean-up revisions to make the document internally consistent
x Disposition and Development Agreement Amendment and Design Review Amendment for a three-story hotel
x Design Review and construction of the I-Street Parking Structure x Acquisition, design, and construction of additional downtown parking opportunity sites
x Design Review for the new commercial buildings around Blacksmith Square and Stockmen’s Park
x Disposition and Development Agreements for the Black Box Theater and Science and Society Center
x Design Review and construction of the Livermore Valley Center Compactor Facility
x Finish construction of Veterans Way
x Remediation, Design Review, and construction of Livermorium Plaza x Construction of Stockmen’s Park
x Continue to engage with property and business owners regarding interest in adding flexible use areas to the backs of businesses on the north side of First Street
x Continue assessing existing lighting levels in the Downtown area and implement new lighting standards within and around the outside edges of the Downtown Core Issue Areas
The following are issue areas associated with implementation of the Downtown goal. 58 EXHIBIT C
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Downtown

Parking:
x Monitor the occupancy of temporary and permanent parking facilities to gauge demand
x Ensure adequate temporary parking facilities during construction of the Downtown Plan components
x Design and construct permanent parking facilities to meet the parking demand of existing and planned uses, including parking structures at L Street and I Street, and other parking improvements
x Provide and disperse accessible parking spaces throughout the Downtown Plan area and near existing uses along First Street
Circulation:
x Evaluate existing and future traffic circulation conditions and coordinate improvements to promote pedestrian connectivity in the downtown core and efficient movement of vehicular traffic through major streets x Design and construct improvements to the Railroad Avenue parking structure to increase the efficiency of the pedestrian crossing from the structure across Railroad Avenue
Public Open Space:
x Finalize plans and develop construction drawings for future facilities (Stockmen’s Park, Livermorium Plaza, linear green) to ensure that community needs are met through these new public use areas
x Carefully consider the size and design of open space and surrounding uses to ensure open space areas are used appropriately, are safe during the day and at night, and do not attract unwanted activity
Lighting Improvements:
x Continue work on lighting improvements to Second, Third, J, K, McLeod, and other downtown streets, including the evaluation of both street light improvements and decorative lights
Financing & Public/Private Partnerships:
x Identify the combination of public and private resources necessary to construct, operate and maintain the Downtown Plan
x Ensure City resources are utilized appropriately and that the construction, operation, and long term maintenance costs of any public facilities are within the City’s financial capacity
Timing:
x Develop and maintain a construction phasing schedule in order to inform the community, provide adequate parking, and ensure fiscal viability 59 EXHIBIT C
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Downtown

COSTS
This project requires a variety of staff resources from Administrative Services, City Attorney’s Office, Community Development, Public Works and others. There is a range of staff members that spend varying portions of their time on this project on a daily and weekly basis. In addition, community engagement activities often require mobilization of significant staff resources. Time spent by regular full time staff on this project is partially backfilled by contract staff to ensure other daily project demands are met. Total average time spent is between six and eight existing FTE’s.

Costs for the entire downtown improvement project are expected to exceed $60 million, with the majority of these costs going to public parking improvements. Staff will be working on design efficiencies and evaluating construction timing to reduce costs to the extent feasible and to ensure that each phase of construction is within the City’s financial capacity at that time. Annual operational costs for new public facilities are expected to be in the range of $350,000 to $400,000.

CONCLUSION
The Downtown Specific Plan is a guide to revitalization, and its implementation has achieved remarkable success in returning vibrant activity and community pride to the downtown. To continue revitalization efforts and to further enhance Livermore’s unique character and quality of life, as represented by downtown district, the Council may choose to consider continuing the goal of implementing the Downtown Specific Plan. If it is not picked as a goal, implementation will proceed at a slower rate. 60 EXHIBIT C
ATTACHMENT 2
501

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA A RESOLUTION APPROVING SPECIFIC PLAN AMENDMENT 19- 001
The City initiated an application for Specific Plan Amendment (SPPA) 19-001 to consider Downtown Specific Plan Amendments to implement the Downtown Plan approved by City Council on January 28, 2018.

On February 18, -2020, the Planning Commission held a public hearing, reviewed the proposed applications, and made the applicable findings. The Planning Commission, by its Resolution No. 08- 20 ( Exhibit A), recommended approval of the applications.

The City Council held a public hearing on May 11, 2020, and considered the pertinent. documents and testimony received.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that:

1. The proposed amendments to the Downtown Specific Plan ( SPPA19- 001) are consistent with the Addendum to the Downtown Specific Plan 2009 Subsequent Environmental Impact Report that was adopted on May 13, 2019 by Resolution No. 2019-064, and directs staff to file a Notice of Determination consistent with the provisions of the California Environmental Quality Act.

2. The City Council accepts the recommendations by staff and the Planning Commission to approve Specific Plan Amendment ( SPPA) 19- 001, and is satisfied with the findings of the Planning Commission contained in its Resolution No. 08-20, attached hereto as Exhibit A, which findings are hereby adopted by the City Council as its own.

3. The proposed amendments to the Downtown Specific Plan ( SPPA19- 001), attached hereto as Exhibit B, are consistent with the General Plan.

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

On motion of Vice Mayor Woerner, seconded by Council Member Munro, the foregoing resolution was passed and adopted on May 11, 2020, by the following vote:

AYES: Council Members Carling, Coomber, Munro, Vice Mayor Woerner, Mayor Marchand
NOES: None
ABSENT: None
ABSTAIN: None
A APPROVED AS TO FORM:
11;
arie Weber Jason Alcala
City Clerk City Attorney
Date: May 14, 2020
Exhibit A— Planning Commission Resolution 08-20
Exhibit B— Downtown Specific Plan Amendments
RESOLUTION NO. 2020- 062

EXHIBIT D
ATTACHMENT 2
502
Exhibit A

IN THE PLANNING COMMISSION

OF THE CITY OF LIVERMORE

STATE OF CALIFORNIA

A RESOLUTION RECOMMENDING APPROVAL OF
Specific Plan Amendment ( SPPA) 19- 001
The City initiated an application for Specific Plan Amendment 19- 001 to consider Downtown Specific Plan Amendments (" the Amendments") to enable the implementation of the Downtown Core redevelopment plan approve by City Council on January 29, 2018. .

A Public Hearing Notice was published in a newspaper of local circulation.

The Planning Commission held a meeting on February 18, 2020, considered the . • staff recommendation for approval, and heard public testimony.

NOW, THEREFORE, BE IT RESOLVED that, based on the whole record before it, the Planning Commission of the City of Livermore recommends the City Council find the environmental impacts of the Amendments were analyzed by and are consistent with the Addendum to the Downtown Specific Plan 2009 Supplemental Environmental Impact Report that was adopted by City Council on May 13, 2019 by Resolution 2019- 064.

BE IT FURTHER RESOLVED by the Planning Commission of the City of Livermore that the Amendments, the text of which is shown in the attached Exhibit A, is consistent with the Livermore General Plan and hereby recommended to the City Council for approval.

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

On the motion by Commissioner Anderson, seconded by Planning Commissioner Bonanno, the foregoing Resolution was adopted at the Planning Commission meeting of February 18, 2020, by the following vote:

AYES: ANDERSON, BJORKLUND, BONANNO, STEIN.

NOES: NONE.

ABSENT: NONE.

RECUSED: FAGUNDES.

Exhibit A— Downtown Specific Plan Amendments
Bryan Fagu des, Chairperson
by Steve Stewart, Planning Manager
Secretary to the Planning Commission
1- Resolution No. 08- 20

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ATTACHMENT 2
510
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EXHIBIT D
ATTACHMENT 2
511
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EXHIBIT D
ATTACHMENT 2
512
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513
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EXHIBIT D
ATTACHMENT 2
514
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EXHIBIT D
ATTACHMENT 2
515
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EXHIBIT D
ATTACHMENT 2
516
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