Agenda packet — Livermore City Council, June 24, 2024 (part 7 of 7)

Item 5.5
Revised Exhibit B
1034

CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of Contra Costa
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I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
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' LAUREL NUNEZ : Notary Public • California
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•"''' My Comm. Expires Nov 8, 2026
(Notary Seal)

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Item 5.5
Revised Exhibit B
1035
DATE: March 30, 2023
ENGINEERING CONSIDERATIONS - EXHIBIT "A"
(Subject to revision prior to final approval
by Planning Commission and City Council)
TENTATIVE TRACT: 8657 (SUB22-005)
LOCATION: East Corner of Portola and Triad Place
APPLICANT: Denova Homes
Note: Special conditions are shown in standard type. Standard conditions that apply to this project are shown in italics. In addition, standard conditions of approval for this project are listed in Section II of the Development Plan Check and Procedures Manual.

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

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

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

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

All required improvements shall be constructed prior to occupancy of the new residential units on this site.
1 Item 5.5
Revised Exhibit B
1036
A. IMPROVEMENT PLANS - Exhibit A-1
An engineered improvement plan shall be prepared by the Developer for approval by the City's Departments (including the Community Development, Public Services, Fire, and Police Department), which shall include, but not necessarily be limited to, existing site conditions, dedications, grading plans, street design and grades, curb, gutter, sidewalk and driveway grades, and type, size and location of all public works improvements as herein required. Approval of this tentative map does not constitute approval of the details shown thereon. If there is any conflict between the tentative map and these Engineering Considerations, the Engineering Considerations shall govern.

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

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

B. STANDARDS FOR IMPROVEMENT PLANS AND MAPS
All improvement plans and maps shall coriform to the following City of Livermore documents except as modified by these engineering considerations:

1. City of Livermore Standard Specifications and Details

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

Prior to approval of the improvement plans by the City, the Developer shall provide signed and approved plans from outside utilities, including joint trench plans. Outside utilities include but are not limited to PG&E, CalWater, and Comcast.

C. STANDARD CONDITIONS OF APPROVAL IN THE DEVELOPMENT PLAN

CHECK AND PROCEDURES MANUAL
All of the standard conditions of approval for subdivisions and major projects as listed in Part II of the City of Livermore Development Plan Check and Procedures Manual apply except for the following: A-2, A-4, A-10, B-7, B-8, B-9, B-10, B-11, B-13, B-14, B-16, K-1, K-2, K-3 D. WORK IN OTHER illRISDICTIONS
The Developer is responsible for obtaining permits and approvals for construction work and property acquisition that are required by agencies other than the City of Livermore. Other agencies may include but are not limited to Alameda County Zone 7, Livermore Area Recreation and Park District, Caltrans, FHWA, FEMA, Army Corps of Engineers, Alameda County Environmental Health. Any work required by other agencies must be shown on the final set of improvement plans and approved by the subject agency prior to approval of the improvement plan set for the project by 2 Item 5.5
Revised Exhibit B
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the City.

4. STREETS
A. SPECIFIC REQUIREMENTS:

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

North Canyons Parkway
Nmih Canyons Parkway is a major street in the General Plan. Along the project frontage North Canyons Parkway is a 4 lane road with a landscaped median to accommodate turning lanes and a Class 2 bike lane in each direction.

The Isabel Neighborhood Specific Plan (INSP) requires that the existing bike lane at the project location be replaced with a new Class 4 separated bike lane with separated buffer along the project frontage. Installation of this Class 4 bike lane shall include a physical raised barrier.

To accommodate the Class 4 bike lane the westbound lanes of Nmih Canyons Parkway along the project frontage shall be reconfigured as follows:
8' bike lane
8' buffer area
11 ' travel lane
11 ' travel lane
11' left turn lane at Triad Place
The Class 4 bike lane will be comprised of an 8' bike lane and 8' buffer area. The buffer area shall be designed with a combination of median buffer planters and open segments to provide cyclists with both a travel lane separated from traffic and periodic openings with breakaway bollards to enter and exit the buffered bike lane. The median buffer planters shall be approximately 60' in length and 8' wide and have 6" deep curbs. Each median buffer planter shall be planted with 3 street trees per standard detail L-30 with groundcover and/or hardscape per standard detail L-2B. Median buffer planting shall be reviewed and approved by the Community Development Department. City Engineer may modify the final lane widths shown above as needed to fit within available right-of-way.

Final design of the Class 4 bike lane shall include but is not limited to appropriate transitions to and from the existing Class 2a to the Class 4 bike lane; modifications to signing and striping; traffic signal timing, irrigation of planter area, any surface treatments and/or structures, and any necessary utility services needed for the maintenance of the median buffer planter.

Triad Drive
Triad Drive is a local street and is fully improved along the project frontage. To coordinate with the main entry on Triad Drive for the project, the Developer shall shorten the southbound left turn 3 Item 5.5
Revised Exhibit B
1038
lane on Triad Drive to 150 feet at the North Canyons Parkway intersection and modify the detection zones for the southbound left turn lane to accommodate the new turn lane length.

Relinquishment of abutter's rights shall be provided on the final map for the project where none exists today, except where the project entrance is located.

Interior Streets
Interior Streets A, B, C and D are local private streets which shall be 26 feet wide with no on-street parking except where guest parking stalls are located. Interior alleys are local private streets which shall be 20 feet wide with no on street parking. All p1ivate interior streets will be designated as Commons to distinguish them from public streets.

CASp Certification for Public Walkways/Sidewalks
The Developer shall have a certified CASp Specialist review and certify that the design for all pedestrian improvements within the public right-of-way or a public easement complies with the following applicable regulations: American with Disabilities Act (ADA) requirements, the Public Rights-of-Way Accessibility Guidelines (PROWAG), and the requirements found in Chapter I IB of the 2019 California Building Code. If an accessibility design cannot meet the above listed applicable standards, the Developer shall propose and the CASp Specialist shall concur with a design exception request for approval by the City Engineer or their designee. In addition, the Developer shall have the certified CASp Specialist inspect and certifj! that pedestrian improvements are installed per the CASp certified design. Pedestrian improvements include new trails, walkways, sidewalks, accessible ramps, connections between existing and new pedestrian improvements, and modifications to existing pedestrian improvements within or adjacent to the project site, as shown on the approved plans.

Developer shall upgrade or install new pedestrian access ramps at all pedestrian crossings of public streets or driveways within or adjacent to the project.

Emergency Vehicle Access
The proposed emergency vehicle access shall be designed to be an all weather access for emergency vehicles and must be able to withstand a vehicle loading of 75,000 lbs. The Developer shall dedicate and Emergency Vehicle Access Easement on the map and shall enter into an maintenance agreement with the City to ensure the ensure the long term maintenance of the emergency vehicle access. It will not be necessmy to require abutters rights at this location because the easement will provide ingress and egress rights for emergency vehicles only.

5. TRAFFIC SIGNALS - NIA

6. TRAFFIC IMPACT FEE CREDITS AND REIMBURSEMENTS: NIA
4 Item 5.5
Revised Exhibit B
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7. SANITARY SEWERS
Because the Developer has chosen to install the City standard asphalt street section for the private streets with only specialty paving (i.e. pavers, stamped concrete, stamped asphalt, etc.) in a few areas to act as "accents" to the project entry or other areas as approved by the City Engineer, the sanitary sewer may be publicly maintained. However, in order to facilitate the maintenance and repair of the public sanitaiy sewer lines in the future, the Developer shall install a casing for the pipe or other pipe protective measures as approved by the City Engineer, in all locations where the pipe runs under specialty paving. Additionally, no pipe joints will be allowed in specialty paving areas.

Sewer shall be extended across all frontages of each phase.

Sewer laterals with two-way cleanouts behind the curb shall be installed to each lot or site before the streets are surfaced.

8. STORM WATER DRAINAGE AND TREATMENT REQUIREMENTS
A. General
I. This site is subject to the National Pollutant Discharge Elimination System (NPDES) Program.

Prior to the issuance of the initial grading or building permit, the Developer shall provide evidence that the site is covered by the statewide General Permit to Discharge Storm Water associated with construction activity. This requires confirmation that a Notice of Intent (NOi) and the applicable fee was sent to the State Water Resources Control Board. In addition, the grading plans need to state:
''All grading shall be in accordance with the Storm Water Pollution Prevention Plan prepared by the Developer per the Notice of Intent on.
file with the State Water Resources Control Board".

2. Necessary interceptor ditches shall be concrete. Field inlets and storm drainage pipe may be necessary in conjunction with concrete interceptor ditches as secondary drainage releases. All interceptor ditches shall be privately maintained.

B. Storm Drainage Requirements
Per the City's Facilities Planning Guidelines ( dated June 2005), the flows must have the following characteristics:

For a I 0-year design discharge: a hydraulic grade line (HGL) is no higher than 1.25 feet below the top of curb elevation at any manhole or inlet.

For a 100 year design discharge: a HGL does not exceed the top of curb elevation. (This is requiredfor item 3 above.)
5 Item 5.5
Revised Exhibit B
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For additional detail on these guidelines, the applicant should refer to the following resources:

City of Livermore Storm Drain Master Plan & City of Livermore Facilities Planning Guidelines (both available at the Engineering counter at City Hall).

Since the Developer has chosen to build private streets, the stmm drain system will be privately owned and maintained by a homeowner's association and maintained to the property line. In order to differentiate the ownership of public and private facilities, the Developer shall provide the additional structures (manholes and or catchbasins) to be installed at the prope1ty line.

C. Stonnwater Infrastructure Maintenance Funding
The cost to maintain all private storm water infrastructure installed with this project shall be jimded by the Developer.

D. Channels NIA
E. Stmm Water Treatment, Detention and Low Impact Development Requirements

1. The Developer shall treat the storm water runoff fi'om this site prior to having the storm water enter the City's storm water distribution system. Stormwater Treatment, Low Impact Development, and Trash Capture is required by the Regional Water Quality Control Board.

The Developer shall complete and or update the Stormwater Requirements Checklist. The Developer shall provide a storm water treatment plan with calculations indicating treatment that meets the latest requirements described in Section C.3 of the City's NP DES Permit with the Regional Water Quality Control Board. City approval of this plan and calculations is required prior to the approval of the improvement plans.

2. The Developer shall install trash capture devices on catch basins, as needed, to minimize the flow of trash into the City's storm drain system.

3. ff this project is greater than one acre, the Developer shall provide a Hydro graph Modification Plan (HMP) with calculations in accordance with the Alameda Countywide Cleanwater Program (ACCWP) Bay Area Hydrology Model (BAHM) guidelines. The software for the design of control measures to meet the Flow Duration Control is available to downloadfiwn www.bayareamodel.org. For additional information you may contact Debbie Salgado in the City's Engineering Department at (925-960-4558)

4. Prior to final map approval, the applicant shall enter into a maintenance agreement with the City of Livermore for all storm water treatment devices deemed necessary on this site. If the stormwater treatment devices will be maintained by the individual homeowners a cleanout will be necessary at the property lines to allow the residents to maintain their portion of the private stormdrain underdrain. If the stormwater treatment device will be maintained by a Homeowners Association then the cleanouts at each of the property lines may not be needed.

The stormdrain treatment devices shall be shown on the plot plans and included in the Operations and Maintenance Agreement. The Operations and Maintenance Agreement(s) shall be recorded prior to recordation of the Final Map. 6 Item 5.5
Revised Exhibit B
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F. Stormwater Treatment Infrastrncture Maintenance Funding The cost to maintain all storm water treatment, detention and low impact development infrastructure installed with this project shall be funded by the Developer.

9. REQUIRED SOURCE CONTROL STORMWATER MEASURES
The Regional Water Quality Control Board adopted Order R2-2015-0049 issuing the Alameda Countywide NPDES municipal storm water pennit for the Alameda Countywide Clean Water Program. The 17 member agencies, including Livermore, are subject to this permit and all its requirements including the following:
"The Permittees shall, as part of their continuous improvement process, submit enhanced new development and significant redevelopment Pe1formance Standards that summarize source control requirements for such projects to limit pollutant generation, discharge, and runoff, to the maximum extent practicable ... " In accordance with this requirement, the following source control measures, included as part of these Conditions of Approval, shall be implemented as a part of this project.

A. Structural Control Measures

1. Illegal Dumping to Storm Drain Inlets and Waterways
On-site storm drain inlets, except inlets located in landscaped areas, shall be clearly marked with the words "No Dumping! Flows to Bay" on a plastic marker. The plastic markers are available for purchase from the Water Resources Division. For ordering information, please call 925-960-8100. For projects with newly-developed, privately-maintained streets, agency staff will verify that storm drain inlets have been marked before the final sign-off on the project's building permit or encroachment permit.

2. Interior Floor Drains
Approved interior floor drains shall be plumbed to the sanitary sewer system and shall not be connected to the storm drain system. The applicant shall contact the Water Resources Division for specific connection and discharge requirements.

3. Parking Garages
Interior level parking garage floor drains shall be connected to a sand/oil interceptor or equivalent water treatment device approved by the Water Resources Division prior to discharging to the sanitary sewer system.

4. Pesticide/Fertilizer Application and Irrigation
7 Item 5.5
Revised Exhibit B
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a. Landscaping shall be designed to minimize irrigation and rnnoff, promote surface infiltration where possible, minimize the use of fertilizers and pesticides that can contribute to storm water pollution, and incorporate appropriate Bay-Friendly Landscaping principles.
b. If a landscaping plan is required as part of a development project application, the plan shall meet the following conditions related to reduction of pesticide use on the project site:

I. Where feasible, landscaping shall be designed and operated to treat storm water rnnoff by incorporating elements that collect, detain, and infiltrate runoff. In areas that provide detention of water, plants that are tolerant of saturated soil conditions and prolonged exposure to water shall be specified.

II. Plant materials selected shall be appropriate to site specific characteristics such as soil type, topography, climate, amount and timing of sunlight, prevailing winds, rainfall, air movement, patterns of land use, ecological consistency and plant interactions to ensure successful establishment.

III. Existing native trees, shrnbs, and ground cover shall be retained and incorporated into the landscape plan to the maximum extent practicable.

IV. Unless otherwise specified, proper maintenance of landscaping shall be the responsibility of the property owner.

V. Integrated pest management (1PM) principles and techniques shall be encouraged as part of the landscaping design. Some examples of IPM principles and techniques include the following:
i. Select plants that are well adapted to soil conditions at the site. ii. Select plants that are well adapted to sun and shade conditions at the site.

Consider future conditions when plants reach maturity. Consider seasonal changes and time of day.
iii. Provide irrigation appropriate to the water requirements of the selected plants. iv. Select pest and disease resistant plants.
v. Plant a diversity of species to prevent a potential pest infestation from affecting the entire landscaping plan.
vi. Use "insectary" plants in the landscaping to attract and keep beneficial insects.

VI. Landscaping shall also comply with City of Livennore's "Water Efficient Landscape Ordinance". However, areas of a site used for bio-swales or other 8 Item 5.5
Revised Exhibit B
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landscaped areas that function as a storm water treatment measure shall be exempt from the Water Efficient Landscaping requirements.

VII. An efficient irrigation system shall be installed in areas requiring irrigation. An example of an efficient irrigation system is one that includes a weather-based (automatic, self-adjusting) irrigation controller with a moisture and/or rain sensor shutoff, and in which sprinkler and spray heads are not permitted in areas less than 8 feet wide.

5. Pool, Spa, and Fountain Discharges
a. New or rebuilt swimming pools, hot tubs, spas and fountains must have a connection to the sanitary sewer to facilitate draining. This connection could be a drain in the pool to the sanitary sewer or a cleanout located close enough to the pool so that a hose can readily direct the pool discharge into the sanitary sewer cleanout. b.When draining is necessary, a hose or other temporary system shall be directed into a sanitary sewer cleanout, or vegetated areas that are large enough to accommodate the volume without allowing the discharged water to flow to the storm drain system or receiving water body.

6. Food Service Equipment Cleaning
a. Food service facilities (including grocery stores) shall have a sink or other container for cleaning floor mats, equipment, and hood filters, which is connected to a grease interceptor prior to discharging to the sanitary sewer system. The cleaning area shall be large enough to allow for the largest type of equipment that must be cleaned at the facility. The cleaning area shall be indoors or in a roofed area outdoors and must be plumbed to the sanitary sewer. The discharge of wastewater from these washing activities to the storm drain system is prohibited. Outdoor cleaning areas shall be designed to prevent storm water runon from entering the sanitary sewer and to prevent wastewater runoff to the storm drain from washing activities. Signs shall be posted indicating that all food service equipment washing activities shall be conducted in this area.
b. An oil and grease interceptor with a minimum size of 750 gallons is required for all food service facilities (including restaurants and grocery stores). Facilities that do not have any cooking or any other grease generating processes may request an exemption from this requirement.

7. Refuse Areas
a. New or redevelopment projects shall provide a roofed and enclosed area for dumpsters, recycling containers, compactors, and food waste containers. The area shall be designed to prevent water run-on to the area, to prevent runoff from the refuse area and to properly contain litter and trash. Dumpster leakage from covered trash and food compactor 9 Item 5.5
Revised Exhibit B
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enclosures shall drain to the sanitary sewer via connection to an approved oil and grease interceptor device.
b. Runoff from trash enclosures, recycling areas, and/or food compactor enclosures or similar facilities shall not discharge to the storm drain system. Trash enclosure areas shall be designed to avoid rnn-on to the trash enclosure area. In most cases, drains are not permitted within trash enclosure areas. A drain, however, must be provided for compactors. If a drain is required in or beneath dumpsters, compactors, and tallow bin areas, it shall be connected to a grease removal device prior to discharging to the sanitary sewer.
8 . Outdoor Process Activities/Equipment'
a. Process activities shall be performed either indoors or in roofed outdoor areas. If performed outdoors, the area shall be designed to prevent the "run-on" of storm water drainage, as well, as the runoff from the area with process activities. b. Process equipment areas shall drain to the sanitary sewer system. The applicant shall contact the Water Resources Division for specific connection and discharge requirements.

9. Outdoor Equipment/Materials Storage
a. All outdoor equipment and materials storage areas shall be covered and/or benned, or shall be designed with Best Management Practices (BMP) that effectively minimize the potential rnnoff and contact of storm water to pollutants. b. Storage areas containing non-hazardous liquids shall be covered by a roof and be contained by berms, dikes, liners, vaults or similar spill containment devices. c. All on-site hazardous materials and wastes, as defined and/or regulated by the California Public Health Code must be used, managed, and stored in compliance with the applicable Livermore Pleasanton Fire Department's requirements and regulations.

10. Vehicle/Equipment and Commercial/Industrial Cleaning a. Wastewater from vehicle and equipment washing operations shall not be discharged to the storm drain system. Auto dealerships, however, may rinse off vehicle exterior surfaces for appearance purposes, provided only a minimum volume of water is used without soap or other cleaning agents.
b. Commercial/industrial facilities having vehicle/equipment cleaning needs shall either provide a roofed, benned area for washing activities or discourage vehicle/equipment washing by removing hose bibs (faucets) and installing signs prohibiting such uses. 1 Examples of businesses that may have outdoor process activities and equipment include machine shops and auto repair shops, and industries that have pretreatment facilities. 10 Item 5.5
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Vehicle/equipment washing areas shall be paved, designed to prevent run-on to or runoff from the area, and plumbed to drain to the sanitary sewer via an oil water separator with a minimum size of 750-gallons or an approved equivalent pretreatment device. c. Commercial car wash facilities shall be designed and operated such that no runoff from the facility is discharged to the storm drain system. Wastewater from the facility shall discharge to the sanitary sewer via an oil water separator with a minimum size of 750- gallons or an approved equivalent pretreatment device.
d. All facilities, which discharge wastewater generated from vehicle or equipment washing, must obtain a wastewater discharge permit from the City of Livermore's Water Resources Division prior to the commencement of the discharge.

11. Vehicle/Equipment Repair and Maintenance
a. Vehicle/equipment repair and maintenance shall be perfo1med in a designated area indoors, or if such services must be performed outdoors, in an area designed to prevent the nm-on and runoff of storm water. Oil and other automotive fluid change service must always be performed indoors.
b. Secondaiy containment shall be provided for exterior work areas where hazardous materials or hazardous wastes are used or stored. Drains shall not be installed within the secondary containment areas.
c. Vehicle service facilities shall not contain floor drains. d. Tanks, containers, or sinks used for parts cleaning or rinsing shall not be com1ected to the storm drain system. Tanks, containers, or sinks used for such purposes shall not be directly connected to the sanitary sewer. Discharges to the sanitary sewer from such operations require prior approval from the Water Resources Division. The applicant shall contact the Water Resources Division for specific connection and discharge requirements.

12. Fuel Dispensing Areas
a. Fueling areas2 shall have impermeable surfaces (i.e., portland cement concrete or equivalent smooth impervious surface) that are: a) graded at the minimum slope necessmy to prevent ponding; and b) separated from the rest of the site by a grade break that prevents run-on of storm water to the maximum extent practicable. b. Fueling areas shall be covered by a canopy or roof that extends a minimum of ten feet in each direction from each pump. Roof downspouts from the canopy or roof shall not drain onto the fueling area.
2 The fueling area shall be defined as the area extending a minimum of 6.5 feet from the corner of each fuel dispenser or the length at which the hose and nozzle assembly may be operated plus a minimum of one foot, whichever is greater.
11 Item 5.5
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1046

13. Loading Docks
a. Loading docks shall be graded to minimize run-on to and runoff from the loading area.

Roof downspouts shall be positioned to direct storm water away from the loading area.

Storm water runoff from loading dock areas shall be connected to a post-construction storm water treatment measure(s) prior to discharge to the storm drain system. b. Door skirts between the trailers and the building shall be installed to prevent exposure of loading activities to rain, unless one of the following conditions applies: the loading dock is covered, or the applicant demonstrates that rainfall will not result in an exposure of storm water to pollutants.

14. Fire Sprinkler Test Water
Provisions shall be made in the project design and construction to allow for the discharge of fire sprinkler test water to an onsite vegetated area. If this is not feasible, provide for discharge to the sanitary sewer in accordance with current plumbing codes.

15. Miscellaneous Drain or Wash Water
a. Boiler drain lines shall be connected to the sanitary sewer system and may not discharge to the storm drain system.
b. For small air conditioning units, air conditioning condensate shall be directed to landscaped areas as a minimum BMP. For large air conditioning units, in new developments or significant redevelopments, condensation lines shall be connected to the sanitary sewer system, wherever feasible.
c. Roof drains shall discharge and drain away from the building foundation to landscaped areas wherever feasible.
d. Washing and/or steam cleaning activities must be performed at an appropriately equipped facility that drains to the sanitary sewer as specified in Section J. Any outdoor washing or pressure washing must be in compliance with the City's Stonnwater Management Program requirements and managed in such a way that there is no discharge of soaps or other pollutants to the storm drain system. The applicant shall contact the Water Resources Division for specific discharge requirements.

16. Architectural Copper Installation
Projects with architectural copper should, if possible, purchase copper materials that have been pre-patinated at the factor. Whether patination is done offsite or onsite, applicant should consider coating the copper materials with an impervious coating that prevents further corrosion and runoff. If patination is done on-site, implement one or both of the following:
12 Item 5.5
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a. Collect rinse water in a tank and pump to the sanitary sewer. Contact the City of Livermore Water Resources before discharging to the sanitary sewer. b. Collect the rinse water in a tank and haul off-site for proper disposal.

B. II. OPERATIONAL BMPS
This section details Best Management Practices (BMP) that private property owners and/or the occupants of private property must implement following the construction of projects. Ultimately, the responsibility for implementation of these BMPs rests with the property owners. The City of Livermore's Source Control Program routinely performs inspections of industrial and commercial sites to verify BMP implementation and effectiveness.

1. Paved Sidewalks and Parking Lots
Sidewalks and parking lots shall be swept regularly to minimize the accumulation of litter and debris. Wash water resulting from the pressure washing of parking lots must be captured, pretreated (if necessary) to meet local discharge limits, and discharged to the sanitary sewer.

Wash water resulting from the pressure washing of sidewalks may be allowed to drain to the storm drain system provided that (a) no soap or other cleaning agents are used, and (b) all debris are trapped and collected to prevent entry into the stmm drain system. Under no circumstances shall washwater containing any soap or other cleaning agents be discharged to the storm drain system.

2. Private Streets, Utilities and Common Areas
a.The owner of private streets and storm drains shall prepare and implement a plan for street sweeping of paved private roads and cleaning of all storm drain inlets. b.For residential developments, where other maintenance mechanisms are not applicable or otherwise in place, a Property Owners Association, Landscape& Lighting District, or an equivalent mechanism shall be created and shall be responsible for maintaining all private streets and private utilities and other privately owned common areas and facilities on the site including landscaping. These maintenance responsibilities shall include implementing and maintaining storm water BMPs associated with improvements and landscaping. CC&R's creating the association shall be reviewed and approved by the City prior to the recordation of the Final Map and recorded prior to the sale of the first residential unit. The CC&R's or Landscape & Lighting District shall describe how the storm water BMPs associated with privately owned improvements and landscaping shall be maintained and detail contact information for the entity responsible for such maintenance activities.

3. Vehicle/Equipment Repair and Maintenance
13 Item 5.5
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1048
a.No person shall dispose of, or permit the disposal, directly or indirectly, of vehicle fluids, hazardous materials, or rinse water from parts cleaning operations into storm drains.
b.No vehicle fluid removal shall be performed outside a building, or on asphalt or ground surfaces, whether inside or outside a building, except in such a manner as to ensure that any spilled fluid will be in an area of secondary containment. Leaking vehicle fluids shall be contained or drained from the vehicle immediately.
c.No person shall leave unattended drip parts or other open containers containing vehicle fluid, unless such containers are in use or in an area that cannot discharge to the storm drain.

4. Fueling Areas
The property owner shall dry sweep the fueling area and spot clean leaks and drips on a routine basis. Fueling areas shall not be washed down with water unless the wash water is collected and prevented from discharging to the storm drain system. Wash water resulting from the pressure washing of fueling areas must be captured, pretreated (if necessmy) to meet local discharge limits, and discharged to the sanitary sewer or hauled offsite for proper disposal through a licensed waste hauler.
5 . Loading Docks
The property owner shall ensure that BMPs are implemented to prevent potential storm water pollution. These BMPs shall include, but are not limited to, a regular program of sweeping, litter control, and spill clean-up.

6. On-site Storm Drains
All on-site storm drains must be inspected and, if necessary, cleaned at least once a year immediately prior to the rainy season.

7. Architectural Copper Cleaning, Treating or Washing
When cleaning, treating or washing architectural copper features, implement one or both of the following:
a. Collect rinse water in a tank and pump to the sanitmy sewer. Contact the City of Livermore Water Resources before discharging to the sanitary sewer. b. Collect the rinse water in a tank and haul off-site for proper disposal. 14 Item 5.5
Revised Exhibit B
1049

10. WATERSUPPLY(CITY)
Because the Developer has chosen to install the City standard asphalt street section for the majority of the streets with only specialty paving (i.e. pavers, stamped concrete, stamped asphalt, etc.) in a few areas to act as "accents" to the project ent1y or other areas as approved by the City Engineer, the water lines may be publicly maintained. However, in order to facilitate the maintenance and repair of the water lines in the future, the Developer shall install a casing for the pipe or other pipe protective measures as approved by the City Engineer, in all locations where the pipe runs under specialty paving. Additionally, no pipe joints will be allowed in specialty paving areas.

Water mains shall be extended across all frontages of each phase and all waterline valves must notate "EPDM" on the valve body.

Because the project is located within the City of Livermore Water Zone 1, the developer shall install pressure reduction valves (PRVs), bacliflow prevention devices and appurtenances on the potable and reclaimed water services as directed by the City Engineer.

The fire service bacliflow preventer(s) shall be effectively screened from the public right-of-way while at the same time preserving ease of maintenance access to the backflow preventer(s).

Screening shall be as specified on City Standard Detail W-JOA, B and C. The fire service backjlow preventer(s) shall meet the performance standards of the bacliflow preventer shown in City Standard Detail W-1 OA, B and C.

Because the project is located within a reclaimed water service area, the irrigation system shall be connected to the reclaimed water system. If the Reclaimed water main is not currently located along the sight frontage of this project, the Developer shall extend the water main as necessary to connect to the main along said project site.frontage.

Furthermore the Developer shall Prepare a "Reclaimed Water Engineer's Report"for review and shall obtain City approval and State Department of Health Services approval of the "Reclaimed Water Engineer's Report" prior to the approval of the final map.

I 1. UNDERGROUNDING OF UTILITIES:

All existing and new electric (with the exception of any 60 KV and higher voltage wires) and communication lines along the projectfi"ontage and within the project shall be placed underground.

Electric, gas, Comcast and SBC utilities are required and shall be placed in a common trench. All electric transformers shall be placed underground.
15 Item 5.5
Revised Exhibit B
1050

12. TRAILWAYIBIKEWAY REQUIREMENTS
Active Transportation Plan
Certain portions of this development are within the City of Livem1ore Active Transportation Plan established and adopted as part of the General Plan. The Developer will be required to dedicate and develop that certain land within and adjacent to this development for various trail and bike way transpmiation purposes.

13. MEDIANS AND OTHER LANDSCAPED AREAS
Since the City has a new centralized irrigation system with a computer terminal and modem located at the City's Maintenance Service Center, the Developer shall install a City standard centralized irrigation controller system with communication accessories as approved by the City. The City may exempt this requirement based on the limited size of the landscape area.

The developer shall not cut down or remove on site trees until a demolition permit is approved and issued by the City

14. HORTICULTURIST'S REPORT
A Horticulturist's report will be required if the site is located north of Highway I-580.

15. SPECIAL DISTRICTS
A. Landscaping and Lighting Maintenance and Operation NI A B. Assessment District
This development shall annex into Community Facilities Maintenance District 2023-1 (Isabel Neighborhood Specific Plan) to provide for maintenance funds for their pro-rata share of public infrastructure and landscaping that is installed with the Isabel Neighborhood Specific Plan.

The Developer shall initiate and bear the costs for the annexation into CFD 2023-1.

Annexation documents shall be filed with the filing of the final map. The necessary documentation shall be submitted for City review with the first improvement plan submittal.

C. Mello Roos District
This development is within the Tri-Valley Technology Park Community Facilities District No. 99-1 and is subject to the charges and requirements thereof.

16. AIRPORT LOCATION
This development is located in the vicinity of the Livermore Municipal Airport. Aircraft operations 16 Item 5.5
Revised Exhibit B
1051
in the vicinity of the property may potentially create nuisances, including but not limited to noise, vibration or odors. The owner and or future buyer should be aware that operations and flight numbers at the Livermore Municipal Airport could increase in the future. A report must be filed with the Division of Real Estate relative to this matter.

An aviation easement shall be granted to the City prior to the filing of the final map. The grant shall be made on the City's "Aviation Easement" fo1m.

17. SUBDIVISION AGREEMENT AND SECURITY
Following tentative map approval, the Subdivision Improvement Agreement will not be submitted to the City Council until the Developer has submitted all of the documents indicated in the "Final Approval of Tract Map Checklist" in the Development Plan Check and Procedures Manual (30) days prior to the city council meeting at which the final map will be considered for final approval by the City Council.

18. FEE AMOUNTS
The Developer will be required to pay the applicable development impact fees and project processing fees due in connection with this subdivision. The fee shall be the amount in effect at the time the fee is required to be paid.

19. VEHICLE ACCESS
Prior to or with the submittal for the first plan check of the tract improvement plans and final map, the Developer shall submit for review and approval a traffic control plan for providing safe ent1y to and exit from the site. The purpose of the plan is to insure that there will be safe entry and exit by construction and other vehicles prior to the installation of the required permanent improvements on North Canyons Parkway and Triad Place.

If this plan requires the construction of improvements on North Canyons Parkway and Triad Place, then these improvements shall be constructed prior to the beginning of any on-site work.

Access to the development by construction equipment, material delivery and other heavy loads shall be limited by the Developer to the following route:
1-580, Airway Blvd, North Canyons Parkway, Triad Place
Such heavy loads will not be allowed on existing residential streets in the vicinity of the development.

The wheel-loading on the above routes shall not exceed State load limits. 17 Item 5.5
Revised Exhibit B
1052

20. DEVELOPMENTS WITH PRIVATE ROADWAYS AND UTILITIES
(Condominiums, Row Houses, Cluster, etc.)
The private improvements of the private street system are part of the improvements required of this subdivision. For this reason, the Developer shall pay Engineering Division plan check and construction inspection fees and the City Engineering Division will provide these services. The Developer will also provide subdivision security for the required private improvements.

JW:DES�(Jl)
VTTM 8657 (SUB22-005) Triad East Condos Denova Homes 3-30-23 -Final for PC.docx 18 Item 5.5
Revised Exhibit B
1053
EXHIBIT 8

INSURANCE REQUIREMENTS
Minimum Scope and Limits of Insurance
Developer shall maintain limits no less than:

1. Commercial General Liability, including operations, products, and completed operations, as applicable:
$5,000,000 per occurrence/$10,000,000 aggregate for bodily injury, personal injury, and property damage. If Commercial General Liability or other form of insurance with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

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

3. Workers' Compensation and Employer's Liability:

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

4. Pollution Liability:
$1,000,000 per occurrence.

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

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

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

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

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

F?evisec/ 11/10/20'!5 B19 - SIA
1 of 3
Item 5.5
Revised Exhibit B
1054

2. The limits of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. The additional insured coverage under the Developer's policy shall be primary and noncontributory and will not seek contribution from the City's insurance or selfinsurance and shall be at least as broad as ISO Form CG 20 10 04 13.

Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of the City of Livermore before the City's own insurance or self-insurance shall be called upon to protect it as a named insured.

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

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

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

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

7. Certificate Holder section of the insurance certificate should read: City of Livermore, 1052 S. Livermore Avenue, Livermore, CA 94550 Completed Operations
Developer shall maintain insurance as required by this contract for a minimum of five years following the completion of this project. In the event the Developer fails to obtain or maintain completed operations coverage as required by this agreement, the City of Livermore at its sole discretion may purchase the coverage required and the cost will be paid by the Developer. Completed Operations endorsement or coverage shall be at least as broad as Insurance Services Office CG 20 38. Developer shall require and verify that all subcontractors or other parties hired for this Agreement purchase and maintain coverage for indemnity and insurance requirements at least as broad of specified in this Agreement to the extent they apply to the scope of the subcontractor's work with the same Certificate of Insurance requirements and naming as additional insureds all parties to this agreement. Developer shall include the following language in their agreements with Subcontractors: "Subcontractor agrees to be bound to Developer and City in the same manner and to the same extent as Developer is bound to City under the Agreement. Subcontractor further agrees to include the same requirements and provisions of this Agreement, including the indemnity and insurance requirements, f?evisec/ 11/10120'! 5 819 SIA
2 of 3
Item 5.5
Revised Exhibit B
1055
with any sub-subcontractor to the extend they apply to the scope of the Subsubcontractor's work. A copy of the City Contract Document Indemnity and Insurance provisions will be furnished to the Subcontractor upon request." Developer shall provide proof of such compliance and verification to the City upon request.

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

F�evisecl 1/h0/20'15 t319 SIA
3 of3
Item 5.5
Revised Exhibit B
1056
1 Helena Graves
From: Rebel Essence
Sent: Monday, June 24, 2024 10:20 AM
To: City Clerk
Subject: Public comment for meeting date June 24, 2024. for item 5.11 Resolution adopting the Police Tow Service Franchise Fee Schedule
Exercise Caution: This message is from outside the City email system. Do not open links or attachments from untrusted sources.

Mayor and City Council
MUNICIPAL CODE CHAPTER 5.44
The 2018 to current franchisee agreement between Joseph Eldam owner of San Ramon Tow & Repair Inc., dba Save Tow of Livermore and the City Of Livermore was sold/transferred to Victor Nomura owner of ITN Holdings LLC dba 1. Save Tow 2. San Ramon Tow. Fictitious business name statement for Save Tow & San Ramon tow was filed in Alameda County August 26, 2022 by Victor Nomura. San Ramon Tow & Repair Inc., dba Save Tow of Livermore terminated corp status on August 22, 2023 with the California Secretary of State. Was the new entity ITN Holdings LLC, dba Save Tow - San Ramon Tow granted a franchise transfer by the City Council pursuant to chapter 5.44.130 of the POLICE TOW SERVICE FRANCHISES? There are no past council minutes related to 5.44.130 for the transfer of original franchisee held by Joseph Eldam of San Ramon Tow & Repair inc. dba Save Tow of Livermore to Victor Nomura of ITN Holdings LLC dba 1. Save Tow 2. San Ramon Tow

5.44.130 Franchise transfer or assignment.

Any franchise agreement granted pursuant to this chapter is a privilege to be held in trust by the original franchisee. Such franchise shall not be sold, leased, transferred, assigned, or otherwise disposed of, either in whole or in part, whether by forced sale, merger, consolidation, bankruptcy, reorganization under bankruptcy laws or otherwise, without the prior consent of the City Council.

Sincerely
Sophie Bratton
Item 5.11
Public Comment Received
1057
Item 6.1
PowerPoint Presentation
1058
Item 6.1
PowerPoint Presentation
1059
Item 6.1
PowerPoint Presentation
1060
Item 6.2
PowerPoint Presentation
1061
Item 6.2
PowerPoint Presentation
1062
Item 6.2
PowerPoint Presentation
1063
Item 7.1
PowerPoint Presentation
1064
June 24, 2024
Certification of
Referendum Petition from
Move Eden Housing
Concerning Veterans Park
Construction
Presented by:

Jason Alcala, City Attorney
Debbie Elam, Acting City Clerk
Brent Smith, Community Development
Director
Referendum
Referendum
• Power reserved to the voters to challenge legislative (not administrative) acts by the City Council.
• If a referendum qualifies, the City Council must reconsider the protested legislative acts and either repeal the act or call for an election.

Item 7.2
PowerPoint Presentation
1065
Referendum
Background
• 2022: Petition by MEH not processed by former City Clerk, based upon legal advice, because the City Council
resolution concerning an amended and restated agreement with Eden Housing did not contain a legislative act.
• 2024: Appellate Court determined that the approval of the construction of Veterans Park in the amended agreement
was a legislative act.
• 2024: Petition processed as a referendum.
• 2024: Alameda County Registrar of Voters qualified the referendum. Now the City Council must certify the
referendum and reconsider the 2022 resolution.

Referendum
Referendum Language – From Petition
Item 7.2
PowerPoint Presentation
1066
Referendum
Referendum Language – From Petition
We request that the legislative acts contained in said
RESOLUTION be entirely repealed by the City Council of the City of Livermore, or otherwise be submitted to vote of the people, pursuant to the provisions of California Elections Code Section 9241.

Referendum
Actions
Based upon certification and the Appellate Court’s decision, the City Council must also take one of the following actions concerning the referendum:
• Repeal Resolution No. 2022-085.
• Call for an election for the voters to approve or set aside the language in the agreement for the
City's construction of and improvements to Veterans
Park.

Item 7.2
PowerPoint Presentation
1067
Referendum
What is the referendum about?
Appellate Court determined the legal effect of the referendum is to set aside the City Council’s approval of language for the City's construction of and improvements to Veterans Park in the City’s agreement with Eden Housing.

Referendum
What is the referendum NOT about?
Appellate Court determined that the other terms and
conditions in the City’s agreement with Eden Housing were:
• Made prior to 2022
• Are not subject to referendum
Item 7.2
PowerPoint Presentation
1068
Referendum
Veterans Park
Council made numerous decisions to construct Veterans
Park as a City Park before 2022.

Nevertheless, based upon the Appellate Court’s decision, the City Council must take one of the following actions on the referendum:
• Repeal Resolution No. 2022-085
• Call for an election for the voters to approve or set aside the language in the agreement for the City's construction of and improvements to Veterans Park
Referendum
Effect of resolution if repealed
What is the effect if the resolution is repealed, or the language is set aside by the voters:
• The City's construction of and improvements to
Veterans Park cannot proceed as part of the City’s
agreement with Eden Housing for one year.
• Staff is prepared to delay work the City's work on
Veterans Park for one year.

Item 7.2
PowerPoint Presentation
1069
Referendum
Companion Resolution
• Consistent with the Appellate Court’s decision, ratifies and affirms the remainder of the agreement between the City and Eden Housing for the project.
• Appellate Court determined the remaining language was administrative and not subject to referendum.
• Appellate Court also rejected all other protests to the resolution and agreement.

Referendum
Recommended Actions

1. Adopt resolution accepting certification of the referendum

2. Adopt a resolution for one of the following options:
• Option 1 - Repeal Resolution No. 2022-085.
• Option 2 - Call for an election for the voters to approve or set aside the language in the agreement for the
construction of and improvements to Veterans Park.

3. Adopt the companion resolution to ratify and affirm the agreement with Eden Housing excluding the City's
construction of Veterans Park.

Item 7.2
PowerPoint Presentation
1070
Questions
Item 7.2
PowerPoint Presentation
1071

INTEROFFICE MEMORANDUM
Date: June 24, 2024
To: Honorable Mayor and City Council
From: Marianna Marysheva, City Manager
Brent Smith, Community Development Director
Jason Alcala, City Attorney
Subject: Item 7.2 – Replacement of Exhibit C – Referendum Measure to the Option 2 Resolution Calling for and Giving Notice of Election
For agenda item 7.2, the Exhibit C Referendum Measure attached to the Option 2 Resolution Calling for and Giving Notice of Election in the agenda packet is replaced with the Exhibit C attached to this supplemental memorandum. The difference is that the new Exhibit C now contains the language from the Petition signed by the voters that accompanied the summary.

Attachments
Exhibit C – Referendum Measure.

Item 7.2
Revised Exhibit C to Resolution Calling for Election
1072

REFERENDUM AGAINST A RESOLUTION PASSED BY THE CITY COUNCIL ":7e the signers of this petition, representing 10% or more of the registered, qualified voters of the City of Livermore hereby present this petition protesting the adoption by the City Council of the City of Livermore of RESOLUTION No. 2022-085 entitled:

A RESOLUTION AUTHORIZING EXECUTION OF AN AMENDED AND RESTATED DISPOSITION, DEVELOPMENT AND LOAN AGREEMENT ( "DDLA") WITH EDEN HOUSING, INC. FOR DEVELOPMENT OF THE DOWNTOWN MULTI-FAMILY HOUSING SITE.

We request that the legislative acts contained in said RESOLUTION be entirely repealed by the City Council of the City of Livermore, or otherwise be submitted to a vote of the people, pursuant to the provisions of California Elections Code Section 9241.

The City Attorney, in accordance with Elections Code Section 9238, has prepared an impartial summary of Resolution No. 2022-085, which impartial summary is set forth on pages attached hereto. The text of Resol�tion No. 2022-085 and accompanying exhibits and attachments are available for viewing at websites described in the impartial summary and in the OFFICIAL TOP FUNDERS disclosure section of this petition.

Impartial Summary of Resolution No. 2022-085
Approved Impartial Summary of Referendum Against Resolution No. 2022-085 Passed by the City Council of the City of Livermore Authorizing Execution of an Amended and Restated Disposition, Development and Loan Agreement ("DDLA") with Eden Housing, Inc. for Development of the Downtown Multi-Family Housing Site (Elections Code Section 9238(b)(2)(B)(i))
Introduction. This resolution implements the City Council's prior legislative acts to approve the development of affordable workforce housing on an approximately 2.0 acre pa.reel of property owned by the City of Livermore ("City") in the Downtown Core A rp::i ()f !h� bowntown Specific plan (the "Property).

The Property is listed as a City housing asset in the Long-Range Property Management Plan proposed by the City and approved the State of California on December 28, 2015, for the development of affordable housing.

Petition Page 1
Item 7.2
Revised Exhibit C to Resolution Calling for Election
1073

REFERENDUM AGAINST A RESOLUTION PASSED BY THE CITY COUNCIL We, the signers of this petition, representing 10% or more of the registered, qualified vote .
rs of: tl�
e City of
Livermore hereby present this petition protesting the adoption by the City Council of the City of L•vermore of RESOLUTION No. 2022-085 entitled:

A RESOLUTION AUTHORIZING EXECUTION OF AN AMENDED AND RESTATED DISPOSITION, DEVELOPMENT AND LOAN AGREEMENT ( "DDLA") WITH EDEN HOUSING, INC. FOR DEVELOPMENT OF THE DOWNTOWN MULTI-FAMILY HOUSING SITE.

The City Attorney, in accordance with Elections Code Section 9238, has prepared an impartial summary of Resolution No. 2022-085, which impartial summary is set forth on pages attached hereto. The text of Resolution No. 2022-085 and accompanying exhibits and attachments are available for viewing at websites described in the impartial summary and in the OFFICIAL TOP FUNDERS disclosure section of this petition.

Ne,
Registration
New
Registration
ew
Registration
ew
Registration
New
Registration
New
Registration
OFFICIAL TOP FUNDERS. Valid only for June 2022
Petition circulation paid for by Move Eden Housing
Committee major funding from:

Committee has no current top funders
See website below for updated top funders sheet
Latest info: http://www.moveedenhousing.com
NOTICE TO THE PUBLIC: THIS PETITION MAY BE CIRCULATED BY A PAID SIGNATURE GATHERER OR A VOLUNTEER. YOU HAVE THE RIGHT TO ASK.

ALL SIGNERS OF THIS PETITION MUST BE REGISTERED VOTERS IN THE CITY OF LIVERMORE Official Use Only

19. Print Your Name Residence Address ONLY
Signature as Registered To Vote City Zip

20. Print Your Name Residence Address ONLY
Signature as Registered To Vote City Zip

21. Print Your Name Residence Address ONLY
Signature as Registered To Vote City Zip

22. Print Your Name Residence Address ONLY
Signature as Registered To Vote City Zip

23. Print Your Name Residence Address ONLY
Signature as Registered To Vote City Zip

24. Print Your Name Residence Address ONLY
Signature as Registered To Vote City Zip
Petition Page 15
Item 7.2
Revised Exhibit C to Resolution Calling for Election
1074
I

REFERENDUM AGAINST A RESOLUTION PASSED BY THE CITY COUNCIL We, the signers of this petition, representing 1
_
0% or more
_
of the regist
_
ered, qua!
ified vote
.
rs of the City of
Livermore hereby present this petition protesting the adopt10n by the City Council of the City of Livermore of RESOLUTION No. 2022-085 entitled:

A RESOLUTION AUTHORIZING EXECUTION OF AN AMENDED AND RESTATED DJSPOSITIO , DEVELOPMENT AND LOAN AGREEMENT ( "DDLA") WITH EDEN HOUSING, INC. FOR DEVELOPMENT OF THE DOWNTOWN MULTI-FAMILY HOUSING SITE.

The City Attorney, in accordance with Elections Code Section 9238, has prepared an impartial summary of Resolution No. 2022-085, which impartial summary is set forth on pages attached hereto. The text of Resolution No. 2022-085 and accompanying exhibits and attachments are available for viewing at websites described in the impartial summary and in the OFFICIAL TOP FUNDERS disclosure section of this petition.

DECLARATION OF CIRCULATOR
To be completed in circulator's own hand after above signatures have been obtained. Use blue or black ink pen.

A circulator may sign this petition if registered as a City of Livermore voter.

I am 18 years of age or older. I circulated this petition section and witnessed each of the appended signatures on this petition section being written.

Each signature on this petition section is, to the best of my information and belief, the genuine signature of the person whose name it purports to be. All signatures on this petition section were obtained between _______ and ______ _ Month, Day. Year Month, Day, Year
I declare (certify) under penalty of perjury under the laws of the State of California that the information in this Deel t· • t d correct.
ara 10n 1s rue an
Executed at ________ CA on ____ _
City Date Sign Full Name, Including Middle Name or lnttial Print Full Name, including Middle Name or Initial Current Residence Address For Processing Use Only
r-r7-,
L_L_J_.J
Petition Page 16

CIRCULATOR INSTRUCTIONS

1. Use blue or black ink pen.

2. All signers must be registered voters of the City of Livermore.

3. Declaration of Circulator llli!fil be signed after signatures obtained.

City State Zip
Our Number
•7-rT7-r.,
L_J _L .1. _J_ L .J
Item 7.2
Revised Exhibit C to Resolution Calling for Election
1075
Approved Impartial Summary of Referendum Against Resolution No. 2022-085 Passed by the City Council of the City of Livermore Authorizing Execution of an Amended and Restated Disposition, Development and Loan Agreement ("DDLA") with Eden Housing, Inc. for Development of the Downtown Multi-Family Housing Site (Elections Code Section 9238(b)(2)(B)(i))
Introduction. This resolution implements the City Council's prior legislative acts to approve the development of affordable workforce housing on an approximately 2.0 acre parcel of property owned by the City of Livermore ("City") in the Downtown Core Area of the Downtown Specific plan (the "Property).

Background. This resolution approves an amendment to a 2018 contract for the City to sell the Property to Eden Housing, Inc. ("Eden") for development of the affordable workforce housing component of the Downtown Plan approved by the City Council in January 2018.

On January 29, 2009, a State of California required deed restriction was recorded to require the Property's use for the development of affordable housing.

On November 27,2017, the City Council received the Final Report for the Downtown Public Engagement Program that was the culmination of the Downtown Steering Committee's Public Engagement Plan. The City Council accepted the report and directed the downtown redevelopment of the City's properties provide 130 workforce housing units on the Property if the City's property on the east side of Livermore Avenue was selected for the development of hotel.

On January 29, 2018, the City Council approved a Downtown Plan that selected the east side of Livermore Avenue for the hotel and placed the affordable workforce housing component on the Property. The affordable workforce housing component planned for 130 affordable workforce housing units to be located on the Property.

In May of 2018, the City issued a request for qualifications to identify a qualified developer for the 130-unit workforce housing component of the approved Downtown Plan for the Property.

On November 27, 2018, the City and Eden entered into a Disposition, Development and Loan Agreement ("Original DDLA") with respect to the Property to enable the future development of a 130-unit affordable workforce housing project (the "Project").

On May 25, 2021, the City approved land use entitlements for the Project, including Downtown Design Review 20-019 and Vesting Tentative Parcel Map 11186 - Subdivision 21- 003, subject to conditions of approval (the "Approvals"). 1 Item 7.2
Revised Exhibit C to Resolution Calling for Election
1076
On May 26, 2021, the City and Eden entered into a First Amendment to the Original DDLA to define the development and financial obligations for the proposed Veterans Park, allow for reimbursement by City to Eden for certain emergency vehicle access road improvements adjacent to the Project, and to update the entitlement, financing, and development timeline in the Schedule of Performance in the Original DDLA.

On June 24, 2021, a Petition for Writ of Mandate was filed in Alameda County Superior Court by Save Livermore Downtown against the City and Eden, challenging the Approvals and the City's compliance with the California Environmental Quality Act. On February 14, 2022, the Superior Court entered judgment denying the Petition for Writ of Mandate. On April 13, 2022, Save Livermore Downtown appealed the judgment to the California Court of Appeal, and the appeal is still pending (the "Litigation").

On May 24, 2022, the City Council adopted Resolution No. 2022-085 (the "Resolution"), authorizing the City's execution of an Amended and Restated DDLA with Eden for development of the Project to further amend the previously amended Original DDLA. The Resolution states that "the City and Eden desire to enter into an Amended and Restated DDLA and make several modifications and additions that will facilitate the development process, enumerate specific financial contributions and agreements that would be under the authority of the City Manager to execute, and modify the Schedule of Performance to extend the time period for Eden to complete development of the project in light of the pending Litigation." The purpose of the Amended and Restated DDLA is to amend the DDLA and update its terms and conditions for Eden to prepare or cause to be prepared all required documents necessary to receive development approvals for the Project, to obtain title to the Property, and to develop the Project. The Amended and Restated DDLA also amends the DDLA and updates its terms and conditions for the City to sell the Property to Eden for the purpose of developing, building, and operating the Project and contribute certain funds for the acquisition and predevelopment of the Property.

Financial Provisions. The Amended and Restated DDLA acknowledges that pursuant to the original DDLA, the City previously provided a predevelopment loan of five-hundred thousand dollars ($500,000) to Eden for predevelopment costs for the Project, including architecture and design costs, legal and specialty consultant fees, site feasibility analysis, title review, due diligence, and preconstruction costs (the "Predevelopment Loan"). Eden is responsible for payment of the principal of, and interest on, the Predevelopment Loan.

The Amended and Restated DDLA also requires the City to make an acquisition loan to Eden for the purchase price of the Property, which shall be seven-million eight-hundred thousand dollars ($7,800,000) (the "Site Acquisition Loan"). The Site Acquisition Loan shall be evidenced and secured by a Seller Take-Back Note and Seller-Take Back Acquisition Deed of Trust recorded against the Property. Eden shall be responsible for the payment of principal and interest on the Site Acquisition Loan.

In addition, the Amended and Restated DDLA requires the City, at its sole expense, to pay for the costs of improvements to Veterans Park, with Eden managing construction of such improvements. Eden and the City must negotiate a future construction management and reimbursement agreement to coordinate the construction of improvements to Veterans Park, 2 Item 7.2
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which shall not exceed five-million five-hundred thousand dollars ($5,500,000) without additional City Council approval.

Predisposition Requirements. The Amended and Restated DDLA establishes conditions that must be satisfied by Eden in order for Eden to acquire title to the Property. The City may waive satisfaction of the conditions.

The conditions include: (l) Eden providing the City with a preliminary development Pro Forma, setting forth Eden's estimate of sources and uses of funds for development of the Project; (2) Eden obtaining all entitlements necessary for the Project; (3) the City approving Eden's organizational documents; (4) the City providing Eden with written notification that (a) it has completed a federally required environmental review pursuant to the National Environmental Policy Act ("NEPA") and the City's request for release of funds has been approved and the purchase may proceed; or (b) it has determined the purchase is exempt from federal environmental review pursuant to NEPA and a request for release of funds is not required; (5) Eden furnishing to the City the types and amounts of insurance specified in the Amended and Restated DDLA; (6) the parties entering into a temporary parking lease for the Property wherein public parking will be available on the Property until construction of the first phase of the Project commences; and (7) the parties taking the necessary steps to ensure that the City will receive air rights to Parcels 1 and 3 on the Property to ensure that the Project as constructed does not exceed 52 feet above the surface elevation.

Disposition of the Property. The Amended and Restated DDLA requires the City to sell to Eden, and Eden to purchase from the City, the Property provided that the predisposition requirements and additional closing conditions have been satisfied. To accomplish the conveyance of the Property from the City to Eden, the parties must establish an escrow and provide the escrow holder with written instructions consistent with the Amended and Restated DDLA.

The additional closing conditions that must be satisfied prior to conveyance of the Property include (1) completion of the predisposition requirements, (2) Eden depositing all required documents and its share of closing costs, (3) there being no events of default by Eden, (4) Eden's representations and warranties remaining true and correct, (5) the title company being prepared to issue a title policy, and (6) the City having deposited a grant deed and other required documents to the escrow holder.

Upon satisfaction or waiver of all the required predisposition conditions and the deposit of all required documents into escrow, the escrow officer must cause to be recorded with the Official Records of Alameda County the grant deed conveying the Property to Eden as well as other documents required to be recorded under the Amended and Restated DDLA. The Schedule of Performance attached to the Amended and Restated DDLA requires close of escrow on the Property to occur on or before September 30, 2022.

Hazardous Materials. Prior to the close of escrow for the Property, the Amended and Restated DDLA requires the City and Eden to enter into an indemnity and cooperation agreement to apportion costs and any potential liability related to hazardous materials at, on, in, beneath or from the Property from and after the date of the close of escrow. The Amended and Restated DDLA authorizes the City Manager to negotiate and execute the indemnity and 3 Item 7.2
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cooperation agreement in an amount not to exceed four-million three-hundred thousand dollars ($4,300,000), subject to the City Attorney's approval of the agreement as to form. The obligations of the City under the indemnity and cooperation agreement shall not exceed $4,300,000, without further City Council approval.

Design and Construction. The Amended and Restated DDLA requires that Eden obtain all ministerial permits and approvals necessary to construct the Project within the time specified in the Schedule of Performance attached to the Amended and Restated DDLA. Eden shall be solely responsible for all aspects of Eden's conduct in connection with the Project, including, but not limited to, the quality and suitability of project documents, the supervision of construction work for the Project and the Veterans Park Improvements, and the qualifications, financial condition, and performance of all architects, engineers, contractors, subcontractors, suppliers, consultants, and property managers.

The Amended and Restated DDLA obligates Eden to commence preconstruction activities and the construction of the Project within the times set forth in the Schedule of Performance. Eden shall diligently prosecute to completion the construction of the Project, and shall complete construction of the Project within the time set forth in the Schedule of Performance, subject to Force Majeure requirements set forth in the Amended and Restated DDLA. Moreover, Eden must construct the Project in accordance with approved final construction drawings, and the terms and conditions of all City and other governmental approvals, and in compliance with all applicable laws, ordinances, rules and regulations of federal, state, county or municipal governments or agencies now in force or that may be enacted hereafter and (2) all directions, rules and regulations of any fire marshal, health officer, building inspector, or other officer of every governmental agency having or hereafter acquiring jurisdiction.

The Amended and Restated DDLA also requires Eden to pay and shall cause its contractor and subcontractors to pay prevailing wages in the construction of the Project as those wages are determined pursuant to California Labor Code Section l 720 et seq., and to employ apprentices as required by California Labor Code Sections 1777.5 et seq., and the implementing regulations of the Department of Industrial Relations.

The Amended and Restated DDLA requires Eden to permit the City, upon reasonable prior notice not less than 48 hours, to enter the Property during normal business hours to inspect the construction work to determine that such work is in substantial conformity with the approved final construction drawings or to inspect the Property for compliance with the Amended and Restated DDLA.

Upon recordation of the Final Map and construction finance closing for the first phase of the Project, at the time specified in the Schedule of Performance, Eden must dedicate the Veterans Park Parcel (Parcel 2) back to the City. Parcel 2 shall have air rights over Parcels l and 3, as described in the Amended and Restated DDLA, and Parcel 2 shall be dedicated to the City free and clear of any encumbrances created by Eden that have not been authorized by the City.

The Amended and Restated DDLA requires the City to enter into an irrevocable parking 4 Item 7.2
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1079
space lease with Eden for 16 reserved parking spaces for Project residents in the L Street Garage, which will be constructed and owned by the City to serve the Project. The spaces will be leased at $300 per space per year, for an annual cost of $4,800, for a 55-year term with a 2.5% escalator. The term will commence from lease-up of the first phase of the Project.

Additional Ongoing Obligations. The Amended and Restated DDLA requires Eden to covenant to use the Property for affordable housing for a period not less than 55 years. Eden agrees to maintain the Property in a neat and orderly condition during construction in accordance with industry health and safety standards, and that, once the Project is completed, to maintain the Project as to both external and internal appearance of the buildings, the common areas, and the parking areas. The Amended and Restated DDLA requires Eden to maintain or cause to be maintained the Property in good repair and working order, and in a neat, clean and orderly condition, including the walkways, driveways, parking areas and landscaping, and from time to time to make all necessary and proper repairs, renewals, and replacements.

The Amended and Restated DDLA requires Eden to indemnify, defend, and hold harmless the City and its elected officials, officers, employees, agents, consultants, designated volunteers, and contractors from and against any and all liabilities, losses, costs, expenses (including without limitation attorneys' fees and costs of litigation), claims, demands, actions, suits, causes of action, writs, judicial or administrative proceedings, penalties, deficiencies, fines, orders, judgments and damages which in any manner, directly or indirectly, in whole or in part, are caused by, arise in connection with, result from, relate to, or are alleged to be caused by, arise in connection with, result from, or relate to: (i) approval of the Amended and Restated DDLA and/or the Project; (ii) performance of the Amended and Restated DDLA on the part of Eden or any contractor or subcontractor of Eden; and/or (iii) the development, operation, maintenance or management of the Project,
Default and Remedies. The Amended and Restated DDLA contains provisions governing the parties' remedies for breach of the Amended and Restated DDLA, including events of default by the City and events of default by Eden. If a specified event of default occurs, the non-defaulting party must first notify the defaulting party of the purported breach or failure, giving the defaulting party thirty (30) days from receipt of such notice to cure such breach or failure. If the defaulting party fails to commence the cure during such 30-day period and thereafter to prosecute the cure diligently to completion, the non-defaulting party shall be afforded the right to take any or all of the following remedies: (I) terminating the Amended and Restated DDLA; (2) prosecuting an action for damages; or (3) seeking specific performance or any other remedy available at law or in equity.

The Amended and Restated DDLA provides that following the close of escrow of the Property, (I) if Eden fails to commence the pre-construction activities or construction of the Project by the dates listed in the Schedule of Performance (as such dates may be extended), or (2) if the City does not prevail in the Litigation; then the City may, in addition to other rights granted in the Amended and Restated DDLA, re-enter and take possession of the Property with all improvements thereon, and revest in the City the estate previously conveyed to Eden by the City. The City's rights to repossess the Property terminate once Eden closes on construction financing for the first phase of the Project.

Upon revesting in the City of title to the Property, the City shall, pursuant to its 5 Item 7.2
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1080
responsibilities under state law, use its best efforts to resell the Property as soon as possible, in a commercially reasonable manner and consistent with the objectives of such law, to a qualified and responsible party or parties (as reasonably determined by the City) who will assume the obligation of making or completing such improvements as are acceptable to the City in accordance with the uses specified for the Property and in a manner satisfactory to the City. In addition, upon revesting in the City of title to the Property, the Predevelopment Loan and Site Acquisition Loan shall be deemed paid in full and cancelled. If the City's rights to repossess the property are triggered because the City does not prevail in Litigation, the City shall reimburse Eden for actual costs incurred and paid as a result of its ownership of the Property, and not already reimbursed.

The Amended and Restated DDLA contains provisions regarding damages, including an acknowledgment from the City that the exercise of its legislative authority for a land use action, such as but not limited to a General Plan Amendment, Specific Plan Amendment, or zoning action (collectively, a "Land Use Action") that prevents the Project from being developed does not constitute a compensable taking absent extraordinary circumstances. The Amended and Restated DDLA provides examples of extraordinary circumstances that could subject the City to a taking without payment of compensation, including, but not limited to, eliminating all value from the Property, the denial of due process, and reclassifying the Property in a manner to prevent its improvement so that it might be acquired at a lesser price.

The City acknowledges that Eden has expended significant resources to develop the Project that could have been used to develop affordable housing elsewhere and that could be lost, and obtained grant and/or loan funding that would need to be repaid, if the City subsequently exercises its legislative authority for a Land Use Action that prevents the Project from being developed. The City and Eden agree that they would be able to quantify the losses equal to the grant and/or loan funding that would need to be repaid should a Land Use Action by the City prevent the Project from being developed. The City and Eden also agree that quantifying the scope of the economic and noneconomic losses arising from a Land Use Action that prevents the Project from being developed is inherently difficult insofar as the action results in the loss of affordable housing opportunities, negatively impacts Eden's reputation, and cannot adequately capture the soft costs expended on the Project.

The Amended and Restated DDLA states that the City and Eden agree and stipulate that the repayment of Project grant and/or loan funds already expended for the Project that are not available for repayment and the agreed upon sum of two-million three-hundred thousand dollars ($2,300,000) is a reasonable measure of the damages based upon their experience in the affordable housing industry and given the nature of the losses that may result from a Land Use Action that prevents the Project from being developed.

Thus, the Amended and Restated DDLA states that in the event the City exercises its legislative authority for a Land Use Action that prevents the Project from being developed, then the City shall pay damages to Eden as follows:
(I) An amount equal to the grant and/or loan funds that were expended by Eden prior to the date of that Land Use Action that is not available for repayment in the event the awarding/loaning agency demands Eden repay the expended funds; and (2) The stipulated amount of $2,300,000 for the losses that cannot be quantified.

General Provisions. The Amended and Restated DDLA also contains general 6 Item 7.2
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1081
contractual provisions, including notice provisions; non-liability of officials, employees and agents; inspection rights; a severability provision; a Force Majeure provision; and an integration clause. The Amended and Restated DDLA states that its terms shall run with the land, and shall bind all successors in title to the Property until the termination of the Amended and Restated DDLA, except that those provisions that are specified to survive termination of the Amended and Restated DDLA shall run with the land in perpetuity and remain in full force and effect following such termination.

The Amended and Restated DDLA states that it may be amended from time to time as the Parties find is necessary. The City Manager shall have the authority to make minor amendments to effectuate the intent of the Amended and Restated DDLA. The City Manager shall also have the authority to execute the final documents and agreements referenced in the Amended and Restated DDLA and other related documents to implement the intent and terms of the agreement, as well as the specific delegations of authority set forth herein as approved by the Resolution.

The full text of the Resolution that includes the Amended and Restated DDLA as an exhibit can be found in the City's records at this link: http :'/Ii rmoreca.!rnv/2022-08-.

Ill/
Ill/
Approved by the City Attorney for the City of Livermore on June 9, 2009 ��--
ason R. Alcala
City Attorney
City of Livermore
7 Item 7.2
Revised Exhibit C to Resolution Calling for Election
1082
1 Helena Graves
From: Derek Sagehorn
Sent: Wednesday, June 19, 2024 2:12 PM
To: City Clerk
Cc: East Bay for Everyone
Subject: 6/24/24 - Agenda Item 7.2 EB4E comment letter
Attachments: EB4E Livermore 6.24.24 comment letter.pdf
Categories: Helena
Exercise Caution: This message is from outside the City email system. Do not open links or attachments from untrusted sources.

Hello,
Please see the attached comment letter from East Bay for Everyone regarding 6/24/2024 City Council agenda item 7.2.
--
Derek Sagehorn
Item 7.2
Public Comment Received
1083
June 19, 2024
Livermore City Council
City of Livermore
1052 S. Livermore Avenue
Livermore, CA 94550
RE: 6/24/2024 Agenda Item 7.2
Councilmembers,
East Bay For Everyone writes to urge the City of Livermore to move forward with the Downtown Livermore Apartments at Railroad and L Street as proposed. This is a perfect opportunity to build affordable housing Livermore desperately needs. The project provides affordable housing for households earning 20-60% Area Median Income and its mix of up to three-bedrooms will make it appropriate to house working families.

The question of public park space for downtown need not be tied to the production of desperately needed for Livermore residents.

The need for affordable housing is especially acute in Livermore given the high rents under Fair Market Rent for a two-bedroom apartment. This development will also help reduce car dependence and commuting by locating worker housing near jobs in downtown and public transportation. While every proposal has strengths and weaknesses, we think this proposal is very strong and that further delays are not justified.

Sincerely,
John Minot
Co-Executive
East Bay For Everyone
Item 7.2
Public Comment Received
1084
1 Helena Graves
From: Jack Gardner <[email protected]>
Sent: Thursday, June 20, 2024 3:00 PM
To: City Clerk
Subject: Support for Downtown Livermore Affordable Housing Project Attachments: Support for Downtown Livermore Project 6-20-24.docx Exercise Caution: This message is from outside the City email system. Do not open links or attachments from untrusted sources.

Thank you for your consideration!
----------------------------------------
Jack D. Gardner (he/him/his)
Chairman of the Board
DRE #02079818
The John Stewart Company
(415) 345-4400 (Main)
(415) 614-9175 (Fax)
www.jsco.net
Item 7.2
Public Comment Received
1085
1388 Sutter Street • 11th Floor • San Francisco, CA 94109 • Tel (415) 345-4400 • Fax (415) 614-9175 • www.jsco.net San Francisco • Sacramento • Santa Cruz • Los Angeles • San Diego June 20, 2024
Livermore City Council
[email protected]
Re: Support for Downtown Livermore Apartments
Dear Livermore City Council:

On behalf of the John Stewart Company (JSCo) and as a resident of Alameda County who both does business in and visits Livermore regularly, I am writing to support the “Downtown Livermore Apartments” affordable housing project.

The California Court of Appeal’s recent decision clarifies that the housing project can proceed independently from the park. As one of the state’s largest managers of multifamily rental housing, JSCo and I are delighted that this important project can move forward (please note that we have no business connection to the project whatsoever).

JSCo sees the pressing need for more affordable housing in California every day, whether it is the long waiting lists at our managed properties or the hundreds of phone calls we receive every week from people seeking help. I therefore urge the Council to take the necessary steps to remove the park components from the Disposition, Development, and Loan Agreement to facilitate the project’s next steps.

The park, which is the subject of further deliberations, is an important part of downtown Livermore’s future. It is our hope that the Council will proceed with plans for the park in a year’s time.

I strongly urge the council to proceed as needed to move the proposed affordable housing forward now (and allow the park to be considered at a later date).

Sincerely,
Jack D. Gardner
Chairman of the Board
The John Stewart Company
Item 7.2
Public Comment Received
1086
1 Helena Graves
From: Nancy K. Keenan <[email protected]>
Sent: Thursday, June 20, 2024 2:32 PM
To: City Clerk
Subject: Livermore Apartments
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Dear City Council,

My name is Nancy Keenan and I am a resident of Livermore. I am writing to express my gratitude for your unwavering support for the Downtown Livermore Apartments affordable housing project located a few blocks from my home near downtown.

The California Court of Appeal’s recent decision clarifies that the housing project can proceed independently from the park. I am delighted that this important project can move forward. I urge the Council to take the necessary steps to remove the park components from the Disposition, Development, and Loan Agreement to facilitate these next steps.

The park, which is the subject of tonight's deliberation, is an important part of our downtown’s future. It is our hope that the Council will proceed with plans for the park in a year’s time.

I strongly urge the council to proceed as needed to move the housing forward and allow the park to be considered in the future.

Sincerely,
NANCY K. KEENAN AIA, LEED AP (she/her)
President / Chief Executive Officer
DAHLIN ARCHITECTURE | PLANNING | INTERIORS
O: +1-925-251-7200
www.dahlingroup.com
PASSION FOR PLACE®
Item 7.2
Public Comment Received
1087
1 Helena Graves
From: LISA A TROMOVITCH
Sent: Thursday, June 20, 2024 10:51 AM
To: City Clerk
Subject: Item 7.2 Matters for Consideration June 24th meeting Categories: Debbie
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Dear City Clerk,
Please relay this message to the City Council.

Honorable Mayor Marchand and City Council Members,
RE: 7.2 Matters for Consideration on May 24th
Thank you for your support of affordable housing in our community and your interest in creating a shared park space for the whole community to share and enjoy.

I urge you to accept the referendum and proceed a year from now to construct the park to enhance the Eden Housing project in our wonderful downtown, a place that brings us all together.

Lisa
Lisa A Tromovitch
Executive Artistic Director
To help p otect you p vacy M c osoft Off ce p evented automat c download of th s pictu e f om the In e net
https://sparctheater.org
925.443.2273
"Foolery sir, does walk about the orb like the sun, it shines everywhere." - Twelfth Night - Shakespeare in the Vineyards July 5-28 at Darcie Kent Vineyards! Item 7.2
Public Comment Received
1088
1 Helena Graves
From: laura batti
Sent: Thursday, June 20, 2024 3:45 PM
To: City Clerk
Subject: MEH ReferendumItem 7.2 Matters for Consideration Exercise Caution: This message is from outside the City email system. Do not open links or attachments from untrusted sources.

Dear Honorable Mayor Marchand and City Council Members:

Congratulations to you and the Livermore community, as well as your affordable housing development partner Eden Housing, on getting confirmation from the courts that the much-needed affordable housing project planned for our downtown can proceed after six years of unnecessary litigation.

The only question before you Monday is how to accept the certification of the referendum circulated by Move Eden Housing. According to the courts, the referendum is legitimately about one, and only one, action taken by the city Council in 2022 – The construction of Veterans Park.

It is extremely unfortunate that the referendum signature gatherers misled our residents and got their support to delay Veterans Park to the detriment of the Eden Housing project and our entire community.

I urge you to accept the referendum Monday night and proceed a year from now to swiftly construct the park which will enhance the Eden Housing project in our beautiful downtown.

Sincerely,
Laura Batti
Livermore, Ca 94550
Item 7.2
Public Comment Received
1089
1 Helena Graves
From: Stewart Gary
Sent: Thursday, June 20, 2024 8:47 PM
To: City Clerk
Subject: Matters for Consideration Item 7.2 - June 24th Agenda Exercise Caution: This message is from outside the City email system. Do not open links or attachments from untrusted sources.

Honorable Mayor Marchand and City Council Members:

I urge you to accept the referendum here tonight and proceed a year from now to swiftly construct the park which will enhance the Eden Housing project in our beautiful downtown.

Sincerely
Stewart Gary
LPFD Fire Chief Retired
Former Livermore City Council Member
Item 7.2
Public Comment Received
1090
1 Helena Graves
From: Jan Palajac
Sent: Friday, June 21, 2024 9:02 AM
To: City Clerk
Subject: Item 7.2 Matters for Consideration
Exercise CauƟon: This message is from outside the City email system. Do not open links or aƩachments from untrusted sources.

Honorable Mayor Marchand and City Council Members:

I urge you to adopt the staff recommended acƟons which allow the City to proceed with the Eden Housing project and which delays implementaƟon of Veterans Park.

Jan Palajac
Sent from my iPad
Item 7.2
Public Comment Received
1091
1 Helena Graves
From: Mark Palajac
Sent: Friday, June 21, 2024 9:04 AM
To: City Clerk
Subject: 2022-085 ./ Eden Housing
Exercise Caution: This message is from outside the City email system. Do not open links or attachments from untrusted sources.

Suggested Talking Points (or email content)
Honorable Mayor Marchand and City Council Members:

The start of the Eden Affordable Housing project on Railroad and L Street has been delayed too long in spite of the City’s best efforts. Now that the court has ruled that the housing portion of Resolution Number 2022-085 was appropriate, I urge you to move expeditiously in beginning the Eden Affordable Housing project. I believe that means deciding how to accept the court’s decision and the referendum. The court decided the referendum is legitimately about one, and only one, action taken by the city Council in 2022 – The construction of Veterans Park.

While I find it very unfortunate, I beleive it is necessary to delay the implementation of the Veterans Park.

Congratulations to you and the Livermore community, as well as your affordable housing development partner Eden Housing, on achieving this milestone despite efforts to thwart it by other parties who do not share the vision to accommodate those less fortunate.

I urge you to accept the referendum here tonight and proceed a year from now to swiftly construct the park which will enhance the Eden Housing project in our beautiful downtown.

Mark Palajac
Livermore Housing Authority Commission Chair
Item 7.2
Public Comment Received
1092
1 Helena Graves
From: Taryn Keenan
Sent: Friday, June 21, 2024 10:23 AM
To: City Clerk
Subject: Livermore Apartments
Exercise Caution: This message is from outside the City email system. Do not open links or attachments from untrusted sources.

Dear City Council,
My name is Taryn Keenan and I am a homeowner and resident of Livermore. I am writing to express my gratitude for your unwavering support for the Downtown Livermore Apartments affordable housing project located a few blocks from my home near downtown.

The park, which is the subject of tonight's deliberation, is an important part of our downtown’s future. It is our hope that the Council will proceed with plans for the park in a year’s time.

I strongly urge the council to proceed as needed to move the housing forward and allow the park to be considered in the future.

Regards,
Taryn Keenan
Item 7.2
Public Comment Received
1093
1 Helena Graves
From: Deborah Finestone
Sent: Friday, June 21, 2024 10:54 AM
To: City Clerk
Subject: letter regarding Eden Housing Referendum
Exercise Caution: This message is from outside the City email system. Do not open links or attachments from untrusted sources.

Honorable Mayor Marchand and City Council Members,
I've lived in Livermore for 10 years and was happy to learn that the Eden Housing development can proceed.

I support that, as this town needs affordable housing as soon as possible. I urge the Council to take the necessary steps to remove the park components from the agreement to facilitate that.

I also think it's worth considering how Veterans Park can be built in the future.

I urge you to accept the referendum here tonight and proceed a year from now to construct the park, which will enhance the Eden Housing project in our beautiful downtown.

Thank you,
Deborah Finestone
Item 7.2
Public Comment Received
1094
1 Helena Graves
From: Zoe Siegel <[email protected]>
Sent: Friday, June 21, 2024 11:48 AM
To: City Clerk
Subject: Re Item 7.2 6/24 Council Meeting
Attachments: Livermore Endorsement Letter GA 2024.pdf
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Hello,
In advance of the 6/24 Council meeting and in regards to item 7.2, Greenbelt Alliance would like express our support for the Downtown Livermore Apartments Project. Please see our attached letter of support to be included in the meeting packet.

Cheers,
Zoe
--
Zoe Siegel (she/her/ella)
Senior Director of Climate Resilience
Greenbelt Alliance
Schedule a meeting with me through Calendly | Let's connect on LinkedIn 827 Broadway Ste 310 | Oakland, CA 94607
Telephone: (510) 367-4464
The Resilience Playbook is your go-to guide for accelerating equitable adaptation to the climate crisis in the Bay Area. Check it out today!
greenbelt.org | Facebook | Instagram | X
Item 7.2
Public Comment Received
1095
June 20, 2024
Livermore City Council
1052 S. Livermore Ave.

Livermore, CA 94550
RE: Endorsement of Downtown Livermore Apartments
Dear Mayor and Livermore City Council,
For over 65 years, Greenbelt Alliance has helped create cities and neighborhoods that make the Bay Area a better place to live—healthy places where people can walk and bike; communities with parks, shops, transportation options; homes that are affordable and resilient to the impacts of climate change. Greenbelt Alliance’s Climate SMART—Sustainable, Mixed, Affordable, Resilient, Transit-Oriented—Development Endorsement Program provides support for projects that advance the right kind of development in the right places.

After careful review, Greenbelt Alliance was pleased to endorse the proposed Downtown Livermore Apartments Project in 2021.

We would like to encourage the Council to proceed as needed to keep this project on track since it is separate from the park next door. We appreciate the value of open space and the myriad of benefits it provides and think that it is the right step for the Council to consider how the park can be moved forward in the future, but this is a separate issue than this housing project.

It is an absolute shame that an 100% affordable housing project on a downtown parcel designated for housing has seen so many setbacks and we hope you approve the project swiftly moving forward. This is a 130 unit, 2.1 acre residential development with 100% of the units designated for low-income families earning between 20% and 60% of Alameda County’s Average Median Income. The traffic and environmental benefits that will be provided by this project are exactly what Livermore needs to grow smartly. This currently underutilized area will contribute to the City’s vision for high quality, higher-density development. This project will encourage a walkable and vibrant community in Livermore for residents across the income spectrum, provide a public open space with its large public park, and offer a host of other environmental and quality of life benefits.

This is the kind of climate-smart development that we need in the Bay Area to meet our housing goals, reduce greenhouse gas emissions, and make sure that local residents are able to grow and thrive in their own communities. In closing, the development of the Downtown Livermore Apartments is another smart step for the City of Livermore to ensure the creation of homes and vibrant communities near jobs, retail, and transit.

We hope its approval will inspire communities around the Bay Area to redouble their efforts to grow smartly.

Sincerely,
Zoe Siegel
Director of Climate Resilience, Greenbelt Alliance
Item 7.2
Public Comment Received
1096
1 Helena Graves
From: Peg Folta
Sent: Friday, June 21, 2024 1:37 PM
To: City Clerk
Cc:

Subject: comment for City June 25th Council meeting
Exercise Caution: This message is from outside the City email system. Do not open links or attachments from untrusted sources.

I would like to submit the comment below for Matters for Consideration 7.2.

As with the vast majority of citizens, I would like to resume progress on the approved downtown plan. I support the Council's ability to decide how best to move forward, but voting on Veterans Park may be the most straightforward way to approve it. It seems a waste of time and money (again) since all seem to support it, but that is where we are now. Most importantly, please put forward a resolution ratifying the Amended and Restated Disposition, Development and Loan Agreement with Eden Housing, Inc., so progress on Eden housing can begin again.

Thank you for fighting the good fight for the citizens of Livermore.

Peg Folta
Item 7.2
Public Comment Received
1097
1 Helena Graves
From: [email protected]
Sent: Friday, June 21, 2024 6:14 PM
To: John Marchand; Robert Carling; Barrientos, Ben; Evan Branning; Brittni Kiick; City Clerk Cc: Jason Alcala; Marianna Marysheva;
[email protected]; [email protected] Subject: Livermore City Council, June 24 meeting, Agenda Item 7.2 Attachments: 6-24-24 Agenda Item 7.2 - Letter from MEH.pdf Exercise Caution: This message is from outside the City email system. Do not open links or attachments from untrusted sources.

Please see the attached correspondence related to Agenda Item 7.2 on the June 24, 2024, City Council agenda.

Regards,
Winston P. Stromberg

LATHAM & WATKINS LLP
355 South Grand Avenue, Suite 100
Los Angeles, CA 90071-1560
Direct Dial: +1.213.891.8983
Email: [email protected]
https://www.lw.com
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Item 7.2
Public Comment Received
1098
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June 21, 2024
VIA EMAIL ([email protected])
Mayor Marchand and Members of the City Council
City of Livermore
City Hall
1052 S. Livermore Ave.

Livermore, CA 94550
Re: June 24, 2024, Livermore City Council Hearing, Agenda Item No. 7.2 Dear Mayor Marchand and Honorable Councilmembers:

On behalf of Move Eden Housing (“MEH”), this addresses Agenda Item No. 7.2, regarding the petition entitled Referendum Against Resolution No. 2022-085 Passed by the City Council of the City of Livermore Authorizing Execution of an Amended and Restated Disposition, Development and Loan Agreement (“DDLA”) with Eden Housing, Inc. for Development of the Downtown Multi-Family Housing Site (“Referendum”).

We have serious concerns about the proposals for City Council action outlined in the Staff Report for this item (“June 24 Staff Report”). Once again, it appears that the City is attempting to squash the will of the voters and take actions inconsistent with the City’s obligations under the California Elections Code.

As the City knows, the First District Court of Appeal recently held that the City violated the Elections Code when it refused to process the Referendum based on legal advice that Resolution No. 2022-085 (“Resolution”) was not subject to the referendum power. In doing so, the court also held that the City Council’s adoption of the Resolution was a legislative act subject to referendum because the Amended DDLA “approved the construction and improvements to a new public park.” (Move Eden Housing v. City of Livermore (2024) 100 Cal.App.5th 263, 269 (the “Opinion”).) Subsequent to the Court of Appeal’s opinion, the City restarted processing the Referendum, and on June 4, the Alameda County Registrar of Voters certified that the Referendum contains sufficient valid signatures. In light of these events, Staff now recommends that City Council either repeal the entire Resolution or place the Resolution Item 7.2
Public Comment Received
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City of Livermore City Council
June 21, 2024

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on the ballot for the voters to approve or set aside, but only those provisions of the Amended DDLA that relate to Veterans Park. In either case, Staff recommends that the City Council also adopt a companion resolution ratifying and readopting the Amended DDLA without the Veterans Park provisions. Finally, the June 24 Staff Report also appropriately recommends accepting the County’s certification of sufficiency of signatures on the Referendum petition.

We write to correct several mischaracterizations in the June 24 Staff Report and to clarify (1) the Referendum challenges the entire Resolution authorizing the City’s execution of the Amended DDLA, not just the provisions related to Veterans Park,1 and
(2) the Opinion requires the City to process the Resolution as a whole rather than parse out the Veterans Park provisions. In accordance with the Opinion, City Council must either place the entire Resolution on the ballot or repeal the entire Resolution. In either case, for a period of one year, the City is limited by the Elections Code from adopting a resolution that is “essentially the same” as the Resolution which MEH has successfully petitioned for referendum, including the companion resolution proposed by Staff.

We therefore request that City Council (1) either put the entire Resolution to a vote or rescind the entire Resolution, and (2) decline to adopt the proposed companion resolution. We strongly urge the City to listen to the over 6,000 registered voters who signed the Referendum petition and not take further action that infringes their rights.

I. THE REFERENDUM CHALLENGES THE ENTIRE AMENDED DDLA
The June 24 Staff Report characterizes the Referendum as challenging only those portions of the Resolution related to the construction of and improvements to Veterans Park (and not the affordable housing project). Specifically, Staff writes that 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.” (Staff Report, p. 2.) This incorrect statement is blatant revisionist history.

The action challenged by MEH via referendum was the entire Resolution approving the entire Amended DDLA, not specific parts of the Amended DDLA. On May 25, 2022, one day after the City Council approved the Resolution, the law office of Fadem & Associates, LLC, sent the City Clerk a letter providing notice that several Livermore voters “intend to circulate a referendum petition to protest” the Resolution. (See Exhibit A attached hereto.) Two days later, on May 27, 2022, on behalf of Livermore voter and resident Richard Ryon, Fadem & Associates provided the City Clerk 1 Although much of the Amended DDLA deals with development of Eden Housing’s project, as MEH has stated in the past it supports affordable housing in downtown Livermore, but has proposed alternative locations for the project, including north of Railroad Avenue.

Item 7.2
Public Comment Received
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June 21, 2024

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with a proposed impartial summary of a referendum to repeal the Resolution, as permitted by Elections Code section 9238(b)(2)(B)(i). (See Exhibit B attached hereto.) The proposed impartial summary summarizes the entirety of the Resolution—not just those provisions related to Veterans Park.

The official impartial summary approved by the City Attorney on June 9, 2022, also clearly addresses the entire Amended DDLA. This impartial summary served as the Referendum petition itself (in lieu of the entire Resolution and Amended DDLA), as permitted by Elections Code section 9238(b)(2)(B). It is therefore clear, that even from the very beginning, MEH and Mr. Ryon challenged the Resolution in its entirety, and not just certain portions.

II. THE CITY MAY NOT PARSE THE AMENDED DDLA FOR PURPOSES

OF PROCESSING THE REFERENDUM
The June 24 Staff Report states that the Opinion “determined that the primary substantive decisions related to the housing aspects of the agreement were not subject to referendum.” (Staff Report, pp. 2, 3.) The Staff Report thus concludes that only the Veterans Park provisions need to be placed on the ballot, rather than the entirety of the Resolution. (See id., p. 5 [stating Court of Appeal “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”].) This conclusion, however, rests on a blatant mischaracterization of what the Opinion actually held.

While the Court of Appeal determined that certain parts of the Amended DDLA— namely, “loan terms and an indemnity provision relating to hazardous waste”—were not legislative acts, the Court held that the agreement’s requirement that the City fund construction of a public park was legislative. (Opinion at p. 269 & fn. 1.) Thus, the entire Resolution approving the Amended DDLA was a legislative act subject to referendum. The funding of the park in the Amended DDLA is what makes the Resolution a legislative act as a whole. (See id. at p. 275 [“Due to the policy decision to construct and improve Veteran’s Park, adoption of the Resolution was a legislative act”] [emphasis added]; id., at p. 269 [“Adoption of the challenged resolution was a legislative act subject to the referendum power, because the development agreement at issue approved the construction of and improvements to a new public park] [emphasis added].) Nowhere in the Opinion does the Court conclude that only the provisions rendering the Resolution a legislative act are subject to referendum. Indeed, the Court specifically declined the City’s request to allow it to separate out the Amended DDLA provisions from the Referendum. At oral argument, the City argued that the court should only subject the legislative aspects of the DDLA to referendum, citing Dye v. Council of Item 7.2
Public Comment Received
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June 21, 2024

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City of Compton (1947) 80 Cal.App.2d 486. The Court rejected this argument on limiting the scope of the referendum, stating:

At oral argument, respondents requested that this court direct the superior court to process the referendum only as to those parts of the 2022 Agreement that involved legislative determinations, citing Dye v. Council of City of Compton, 80 Cal.App.2d 486, 487. But the issue in Dye was whether the referendum power permitted a challenge to only parts of a city ordinance. (Id. at p. 488.) The court did not suggest that, where a referendum petition challenges the whole of a resolution or ordinance, as in the present case, it would be proper to limit the scope of the referendum. Given respondents’ failure to present authority supporting their request, we decline it. (June 24 Staff Report Attachment 3, p. 17 [footnote 9 of the Opinion] [emphasis added].)2

The Court clearly rejected exactly what the City now seeks to do – to limit the scope of the Referendum to only those parts of the Amended DDLA that the City believes are legislative actions.

Further, the June 24 Staff Report includes a summary of past actions related to Veterans Park, and Attachment 3 to the Staff Report recommends that “that information be assembled to clearly show that the location, design, and construction of Veterans Park as a City park was not first authorized by Resolution No. 2022-085 so that the administrative record for any subsequent review by the court is complete on that issue.” (Staff Report, pp. 4-5; Attachment 3, p. 4.) This appears to be another attempt to circumvent the Opinion. Where there has been an appellate decision in a case, the trial court is reinvested with jurisdiction but only such jurisdiction as defined by the terms set out by the Court of Appeal. (Snukal v. Flightways Mfg., Inc. (2000) 23 Cal.4th 754, 774 fn 5.) As the trial court is empowered to act only in accordance with the direction of the Court of Appeal, any action which does not conform to that direction is void. (Hampton v. Superior Ct. (1952) 38 Cal.2d 652, 655.) The City must accept that here, the judgment rendered in the Opinion is the law of the case and is binding on the trial court.3

2 Although this portion of the Opinion is “unpublished,” that is irrelevant for purposes of the City’s compliance with the Court of Appeal’s directives. An unpublished opinion still binds the parties to the case and only means that his part of the Opinion cannot be cited in future litigation between other litigants.
3 The June 24 Staff Report claims that the result in the Opinion would have been different if the record before the Court had contained information about the history of Veterans Park. Not only is this pure legal speculation, but the City had more than an ample opportunity to submit this Item 7.2
Public Comment Received
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City of Livermore City Council
June 21, 2024

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The City’s flouting of the Opinion is astonishing. It is wholly inappropriate for the City to misread the Opinion for the proposition that the City may limit the scope of the Referendum – if put on the November ballot – to solely the Veterans Park-related provisions of the Amended DDLA. To comply with the Court’s directives, the City must take action as to the Resolution in its entirety rather than parse out specific provisions for processing.4
III. SEPERATING VETERANS PARK FROM EDEN HOUSING’S PROJECT CONTRAVENES THE CITY’S ORIGINAL PROJECT APPROVALS
Separating Veterans Park from the affordable housing development is inconsistent with the City’s original approval of Eden Housing’s project. When the City approved Eden Housing’s project in 2021, it was clear that the “project” included both the affordable housing development and Veterans Park elements. Bifurcating these elements, as the City now proposes, could lead to a circumstance where the City decides to move forward with the housing development, but the voters/City decide not to move forward with Veterans Park. This cannot occur because the City’s approval of the housing portion of the project was conditioned on the dedication of Veterans Park.

For example, as the City noted in its May 2021 Staff Report, the “Downtown Specific Plan requires public and private open space to be incorporated into each development project,” and “[r]esidential projects are required to provide 150 square feet of public open space” per unit. (May 24, 2021, City Council Staff Report Item No. 5.2, pp. 18-19.)5
The City explained that the “development will provide approximately 0.7 information to the trial court when these issues were originally litigated in late 2022. It did not.

It is too late for “reconsideration” by the trial court or Court of Appeal. 4 Staff also notes that the Amended DDLA “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. (Staff Report, p. 3.) First, the issue here is not one of contractual law, but rather whether the entirety of the Resolution is subject to referendum. Second, the Veterans Park provisions are not severable from the rest of the Amended DDLA as currently written. It is unclear that Eden Housing could comply with the Amended DDLA’s requirement to transfer Veterans Park parcel back to the City when construction and improvements of the park may not move forward but remain a necessary component of the housing project. 5 It is also worth noting that the City included Veterans Park when calculating the total project density. (See May 24, 2021, City Council Staff Report Item No. 5.2., p. 12 [“Taken together, all three proposed parcels total approximately 2.5 acres in size. This yields a residential density of 52 units per acre, consistent with the Downtown Specific Plan density range.”]). The City then relied on this density when making its findings for the project. (See e.g., Resolution 2021-72, Exhibit A [“The gross acreage of the project site, which includes all three proposed parcels, is approximately 2.5 acres, which equates to a residential density of 52 units per acre, consistent with the Downtown Specific Plan.”].) Without the park, these findings are no longer valid.

Item 7.2
Public Comment Received
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acres of publicly accessible open space on the project site as Veterans Park,” and, “[a]t a proposed area of 240 square feet per unit, the area of Veterans Park exceeds the DSP’s public open space requirements.” (Id.) Because of Veterans Park, the City was able to find that the overall project conformed with the Specific Plan and applicable development standards. (See e.g., Resolution No. 2021-72, Exhibit A [“The project also conforms to all of the Downtown Core development standards with respect to . . . open space,” noting the “project will dedicate an approximately 0.7-acre public park, exceeding the site’s public open space requirements.”].) But if Veterans Park never moves forward, then the housing development no longer satisfies the Specific Plan’s open space requirement and the City’s original findings are no longer valid. Because the City cannot allow such a circumstance to occur, it is improper for the City to progress the housing development and Veterans Park project components along two separate tracks.

IV. THE COMPANION RESOLUTION IS IMPROPER UNDER THE

ELECTIONS CODE
Staff recommends that whether the City Council repeals the Resolution or places the park provisions on the ballot, City Council should also adopt a companion resolution to “ratify, reaffirm, and readopt the terms and conditions in the [Amended DDLA] 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.” (Staff Report, p. 2.) Such an action would run afoul of Elections Code section 9241, which provides that if legislation is rescinded by the legislative body or put to a vote and not approved by the voters, a city must wait one year before it reapproves that legislation (also known as the “stay provision”).

Under the “stay provision,” the legislative body may not enact a new ordinance that is “essentially the same” as the challenged one, nor may it in bad faith or with the “intent to evade” the referendum petition when enacting new legislation. (Lindelli v.

Town of San Anselmo (2003) 111 Cal.App.4th 1099, 1110-1111 [holding that two measures were “essentially the same” when the contract details remained the same except for the amount of time covered]; Orange Citizens for Parks & Recreation v. Superior Ct. (2016) 2 Cal.5th 141, 160 [holding that a city could not nullify the referendum power by making an “administrative correction” “to evade the effect of the referendum petition”] [quoting Assembly v. Deukmejian (1982) 30 Cal.3d 638, 678].) This is because “[t]he referendum process would be completely nullified if, when a referendum petition is filed against a legislative act, the legislative body could by merely amending it in a minor way and adding additional matters, then adopt in its entirety the legislative act objected to in the referendum petition.” (Martin v. Smith (1959) 176 Cal.App.2d 115, 120.) The companion resolution proposes to readopt the Amended DDLA in every way except for a few limited provisions related to Veterans Park. In other words, if City Item 7.2
Public Comment Received
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City of Livermore City Council
June 21, 2024

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Council adopts the companion resolution, it will be adopting legislation that is “essentially the same” and for the purpose of evading the Referendum. Moreover, given Staff’s proposal that the City Council can limit the Referendum put on the ballot to the DDLA provisions regarding Veterans Park—in direct contradiction to the Opinion— MEH has no choice but to believe that the City is purposely acting in bad faith. Adoption of the companion resolution would be a blatant contravention of the law and the Opinion, and force MEH to go back to court to seek relief, once again, from the City’s actions.6 In sum, under Elections Code section 9241 the only options the City Council has are to (1) put the entire Resolution to a vote this November; or (2) rescind the Resolution in its entirety. In either case, the City Council cannot, and should not, adopt the proposed companion resolution for at least one year in accordance with section 9241.

We urge the City to comply with its legal obligations under the Elections Code and the Opinion and not continue to ignore the rights of Livermore’s voters. If you have any questions, please do not hesitate to call me at (213) 891-8983 or email me at [email protected].

Very truly yours,
Winston Stromberg
of LATHAM & WATKINS LLP
Attachments
cc: Jason Alcala, City Attorney
Marianna Marysheva, City Manager
Richard Ryon
Carol Silva, Move Eden Housing
Barry Fadem, Fadem & Associates, LLC
Michelle Cornell-Davis, Latham & Watkins LLP
Kevin Homrighausen, Latham & Watkins LLP
6 The June 24 Staff Report also claims that MEH is litigious and likely to file a lawsuit challenging either decision by the City Council. Staff’s disingenuous claim ignores that MEH was forced to file a lawsuit when the City violated the Elections Code by refusing to process the Referendum. As the Court stated, “It is revealing that, if the City Clerk had complied with her legal obligations and processed the referendum, then plaintiffs would not have had to file the present action. Instead, any challenge to the validity of the referendum could have been heard pursuant to a petition brought by the City.” (Opinion, p. 285.) Item 7.2
Public Comment Received
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EXHIBIT A
Item 7.2
Public Comment Received
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Item 7.2
Public Comment Received
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EXHIBIT B
Item 7.2
Public Comment Received
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Item 7.2
Public Comment Received
1109
Proposed Impartial Summary of Referendum Against Resolution No. 2022-__ Passed by the City Council of the City of Livermore Authorizing Execution of an Amended and Restated Disposition, Development and Loan Agreement (“DDLA”) with Eden Housing, Inc. for Development of the Downtown Multi-Family Housing Site (Elections Code Section 9238(b)(2)(B)(i))
On November 27, 2018, the City of Livermore (“City”) and Eden Housing, Inc. (“Eden”) entered into a Disposition, Development and Loan Agreement (“DDLA”) with respect to an approximately 2.0-acre City-owned site (the “Property”) in the Downtown Core Area of the Downtown Specific Plan, to enable the future development of a 130-unit, affordable, multifamily, “workforce” housing project (the “Project”).

On May 25, 2021, the City approved land use entitlements for the Project, including Downtown Design Review 20-019 and Vesting Tentative Parcel Map 11186 – Subdivision 21- 003, subject to conditions of approval (the “Approvals”).

On May 26, 2021, the City and Eden entered into a First Amendment to the DDLA to define the development and financial obligations for the proposed Veterans Park, allow for reimbursement by City to Eden for certain emergency vehicle access road improvements adjacent to the Project, and to update the entitlement, financing, and development timeline in the Schedule of Performance included with the DDLA.

On June 24, 2021, a Petition for Writ of Mandate was filed in Alameda County Superior Court by Save Livermore Downtown against the City and Eden, challenging the Approvals and the City’s compliance with the California Environmental Quality Act. On February 14, 2022, the Superior Court entered judgment denying the Petition for Writ of Mandate. On April 13, 2022, Save Livermore Downtown appealed the judgment to the California Court of Appeal, and the appeal is still pending (the “Litigation”).

On May 24, 2022, the City Council adopted Resolution No. 2022-__ (the “Resolution”), authorizing the City’s execution of an Amended and Restated DDLA with Eden for development of the Project. The Resolution states that “the City and Eden desire to enter into an Amended and Restated DDLA and make several modifications and additions that will facilitate the development process, enumerate specific financial contributions and agreements that would be under the authority of the City Manager to execute, and modify the Schedule of Performance to extend the time period for Eden to complete development of the project in light of the pending Litigation.”
The purpose of the Amended and Restated DDLA is to provide the terms and conditions under which Eden shall prepare or cause to be prepared all required documents necessary to receive development approvals for the Project, to obtain title to the Property, and to develop the Project. The Amended and Restated DDLA also provides terms and conditions under which the City shall convey the Property to Eden for the purpose of developing, building, and operating the Project and contribute certain funds for the acquisition and predevelopment of the Property.

Financial Provisions. The Amended and Restated DDLA acknowledges that pursuant to the original DDLA, the City provided a predevelopment loan of five-hundred thousand dollars Item 7.2
Public Comment Received
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2 ($500,000) to Eden for predevelopment costs for the Project, including architecture and design costs, legal and specialty consultant fees, site feasibility analysis, title review, due diligence, and preconstruction costs (the “Predevelopment Loan”). Eden is responsible for payment of the principal of, and interest on, the Predevelopment Loan.

The Amended and Restated DDLA also requires the City to make an acquisition loan to Eden for the purchase price of the Property, which shall be seven-million eight-hundred thousand dollars ($7,800,000) (the “Site Acquisition Loan”). The Site Acquisition Loan shall be evidenced and secured by a Seller Take-Back Note and Seller-Take Back Acquisition Deed of Trust recorded against the Property. Eden shall be responsible for the payment of principal and interest on the Site Acquisition Loan.

In addition, the Amended and Restated DDLA requires the City, at its sole expense, to pay for the costs of improvements to Veterans Park, with Eden managing construction of such improvements. Eden and the City must negotiate a future construction management and reimbursement agreement to coordinate the construction of improvements to Veterans Park, which shall not exceed five-million five-hundred thousand dollars ($5,500,000) without additional City Council approval.

The conditions include: (1) Eden providing the City with a preliminary development Pro Forma, setting forth Eden’s estimate of sources and uses of funds for development of the Project; (2) Eden obtaining all entitlements necessary for the Project; (3) the City approving Eden’s organizational documents; (4) the City providing Eden with written notification that (a) it has completed a federally required environmental review pursuant to the National Environmental Policy Act (“NEPA”) and the City’s request for release of funds has been approved and the purchase may proceed; or (b) it has determined the purchase is exempt from federal environmental review pursuant to NEPA and a request for release of funds is not required; (5) Eden furnishing to the City the types and amounts of insurance specified in the Amended and Restated DDLA; (6) the parties entering into a temporary parking lease for the Property wherein public parking will be available on the Property until construction of the first phase of the Project commences; and (7) the parties taking the necessary steps to ensure that the City will receive air rights to Parcels 1 and 3 on the Property to ensure that the Project as constructed does not exceed 52 feet above the surface elevation.

The additional closing conditions that must be satisfied prior to conveyance of the Property include (1) completion of the predisposition requirements, (2) Eden depositing all Item 7.2
Public Comment Received
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3 required documents and its share of closing costs, (3) there being no events of default by Eden, (4) Eden’s representations and warranties remaining true and correct, (5) the title company being prepared to issue a title policy, and (6) the City having deposited a grant deed and other required documents to the escrow holder.

Hazardous Materials. Prior to the close of escrow for the Property, the Amended and Restated DDLA requires the City and Eden to enter into an indemnity and cooperation agreement to apportion costs and any potential liability related to hazardous materials at, on, in, beneath or from the Property from and after the date of the close of escrow. The Amended and Restated DDLA authorizes the City Manager to negotiate and execute the indemnity and cooperation agreement in an amount not to exceed four-million three-hundred thousand dollars ($4,300,000), subject to the City Attorney's approval of the agreement as to form. The obligations of the City under the indemnity and cooperation agreement shall not exceed $4,300,000, without further City Council approval.

Design and Construction. The Amended and Restated DDLA requires that Eden obtain all ministerial permits and approvals necessary to construct the Project within the time specified in the Schedule of Performance attached to the Amended and Restated DDLA. Eden shall be solely responsible for all aspects of Eden’s conduct in connection with the Project, including, but not limited to, the quality and suitability of project documents, the supervision of construction work for the Project and the Veterans Park Improvements, and the qualifications, financial condition, and performance of all architects, engineers, contractors, subcontractors, suppliers, consultants, and property managers.

The Amended and Restated DDLA also requires Eden to pay and shall cause its contractor and subcontractors to pay prevailing wages in the construction of the Project as those wages are determined pursuant to California Labor Code Section 1720 et seq., and to employ Item 7.2
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4 apprentices as required by California Labor Code Sections 1777.5 et seq., and the implementing regulations of the Department of Industrial Relations.

Upon recordation of the Final Map and construction finance closing for the first phase of the Project, at the time specified in the Schedule of Performance, Eden must dedicate the Veterans Park Parcel (Parcel 2) back to the City. Parcel 2 shall have air rights over Parcels 1 and 3, as described in the Amended and Restated DDLA, and Parcel 2 shall be dedicated to the City free and clear of any encumbrances created by Eden that have not been authorized by the City.

The Amended and Restated DDLA requires the City to enter into an irrevocable parking space lease with Eden for 16 reserved parking spaces for Project residents in the L Street Garage, which will be constructed and owned by the City to serve the Project. The spaces will be leased at $300 per space per year, for an annual cost of $4,800, for a 55-year term with a 2.5% escalator. The term will commence from lease-up of the first phase of the Project.

The Amended and Restated DDLA requires Eden to indemnify, defend, and hold harmless the City and its elected officials, officers, employees, agents, consultants, designated volunteers, and contractors from and against any and all liabilities, losses, costs, expenses (including without limitation attorneys’ fees and costs of litigation), claims, demands, actions, suits, causes of action, writs, judicial or administrative proceedings, penalties, deficiencies, fines, orders, judgments and damages which in any manner, directly or indirectly, in whole or in part, are caused by, arise in connection with, result from, relate to, or are alleged to be caused by, arise in connection with, result from, or relate to: (i) approval of the Amended and Restated DDLA and/or the Project; (ii) performance of the Amended and Restated DDLA on the part of Eden or any contractor or subcontractor of Eden; and/or (iii) the development, operation, maintenance or management of the Project,
Default and Remedies. The Amended and Restated DDLA contains provisions governing the parties’ remedies for breach of the Amended and Restated DDLA, including events of default by the City and events of default by Eden. If a specified event of default occurs, the non-defaulting party must first notify the defaulting party of the purported breach or Item 7.2
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5 failure, giving the defaulting party thirty (30) days from receipt of such notice to cure such breach or failure. If the defaulting party fails to commence the cure during such 30-day period and thereafter to prosecute the cure diligently to completion, the non-defaulting party shall be afforded the right to take any or all of the following remedies: (1) terminating the Amended and Restated DDLA; (2) prosecuting an action for damages; or (3) seeking specific performance or any other remedy available at law or in equity.

The Amended and Restated DDLA provides that following the close of escrow of the Property, (1) if Eden fails to commence the pre-construction activities or construction of the Project by the dates listed in the Schedule of Performance (as such dates may be extended), or (2) if the City does not prevail in the Litigation; then the City may, in addition to other rights granted in the Amended and Restated DDLA, re-enter and take possession of the Property with all improvements thereon, and revest in the City the estate previously conveyed to Eden by the City. The City’s rights to repossess the Property terminate once Eden closes on construction financing for the first phase of the Project.

Upon revesting in the City of title to the Property, the City shall, pursuant to its responsibilities under state law, use its best efforts to resell the Property as soon as possible, in a commercially reasonable manner and consistent with the objectives of such law, to a qualified and responsible party or parties (as reasonably determined by the City) who will assume the obligation of making or completing such improvements as are acceptable to the City in accordance with the uses specified for the Property and in a manner satisfactory to the City. In addition, upon revesting in the City of title to the Property, the Predevelopment Loan and Site Acquisition Loan shall be deemed paid in full and cancelled. If the City’s rights to repossess the property are triggered because the City does not prevail in Litigation, the City shall reimburse Eden for actual costs incurred and paid as a result of its ownership of the Property, and not already reimbursed.

The Amended and Restated DDLA contains provisions regarding damages, including an acknowledgment from the City that the exercise of its legislative authority for a land use action, such as but not limited to a General Plan Amendment, Specific Plan Amendment, or zoning action (collectively, a “Land Use Action”) that prevents the Project from being developed does not constitute a compensable taking absent extraordinary circumstances. The Amended and Restated DDLA provides examples of extraordinary circumstances that could subject the City to a taking without payment of compensation, including, but not limited to, eliminating all value from the Property, the denial of due process, and reclassifying the Property in a manner to prevent its improvement so that it might be acquired at a lesser price.

The City acknowledges that Eden has expended significant resources to develop the Project that could have been used to develop affordable housing elsewhere and that could be lost, and obtained grant and/or loan funding that would need to be repaid, if the City subsequently exercises its legislative authority for a Land Use Action that prevents the Project from being developed. The City and Eden agree that they would be able to quantify the losses equal to the grant and/or loan funding that would need to be repaid should a Land Use Action by the City prevent the Project from being developed. The City and Eden also agree that quantifying the scope of the economic and noneconomic losses arising from a Land Use Action that prevents the Project from being developed is inherently difficult insofar as the action results in the loss of Item 7.2
Public Comment Received
1114
6 affordable housing opportunities, negatively impacts Eden’s reputation, and cannot adequately capture the soft costs expended on the Project.

Thus, the Amended and Restated DDLA states that in the event the City exercises its legislative authority for a Land Use Action that prevents the Project from being developed, then the City shall pay damages to Eden as follows:
(1) An amount equal to the grant and/or loan funds that were expended by Eden prior to the date of that Land Use Action that is not available for repayment in the event the awarding/loaning agency demands Eden repay the expended funds; and (2) The stipulated amount of $2,300,000 for the losses that cannot be quantified.

General Provisions. The Amended and Restated DDLA also contains general contractual provisions, including notice provisions; non-liability of officials, employees and agents; inspection rights; a severability provision; a Force Majeure provision; and an integration clause. The Amended and Restated DDLA states that its terms shall run with the land, and shall bind all successors in title to the Property until the termination of the Amended and Restated DDLA, except that those provisions that are specified to survive termination of the Amended and Restated DDLA shall run with the land in perpetuity and remain in full force and effect following such termination.

The full text of the Resolution, including the Amended and Restated DDLA can be found at this link: https://www.savelivermoredowntown.com/legal
Item 7.2
Public Comment Received
1115
1 Helena Graves
From: Nova Starling
Sent: Saturday, June 22, 2024 10:13 AM
To: City Clerk
Subject: In regard to Agenda Item 7.2
Exercise Caution: This message is from outside the City email system. Do not open links or attachments from untrusted sources.

Honorable Mayor and Council Members:

In regard to Agenda Item 7.2
I support
- Reaffirming the administrative items that refined the agreement with Eden Housing to build the workforce housing project
- Working expeditiously as possible to construct Veterans Park Thank you,
Nova Starling
Item 7.2
Public Comment Received
1116
1 Helena Graves
From: Bryan Balazs
Sent: Saturday, June 22, 2024 10:21 AM
To: City Clerk
Subject: Letter for agenda item 7.2 on Council Agenda 6-24-24 Exercise CauƟon: This message is from outside the City email system. Do not open links or aƩachments from untrusted sources.

Hello,
I am submiƫng the leƩer below for consideraƟon by Livermore Council at their Council meeƟng on Monday June 24, 2024.

Thank You,
Bryan Balazs
—————————————
Dear City Council and Honorable Mayor Marchand,
As a resident of Livermore for over 30 years and a supporter of numerous downtown and community iniƟaƟves, I urge the City Council to adopt the three recommendaƟons from Staff regarding Council agenda item 7.2 on ResoluƟon 2022- 085, and specifically for the second recommendaƟon, to select OpƟon 1 to "Adopt a resoluƟon repealing ResoluƟon No. 2022-085”.

Thank You.

G. Bryan Balazs
Livermore CA
Chair of the Board of Directors
Shakespeare and Performing Arts Regional Company
Item 7.2
Public Comment Received
1117
1 Helena Graves
From: Gina Bonanno
Sent: Saturday, June 22, 2024 11:26 AM
To: City Clerk
Subject: Letter for 6/24 council meeting, item 7.2
Attachments: Bonanno comments_CC meeting 624.pdf
Exercise Caution: This message is from outside the City email system. Do not open links or attachments from untrusted sources.

Please see my attached letter related to matters for consideration, item 7.2 on the 6/24/24 City Council meeting agenda.

Thank you!

Best,
Gina Bonanno
Item 7.2
Public Comment Received
1118
Re: 6/24/24 City Council mee3ng agenda item 7.2
Mayor Marchand and members of the City Council,
I want to thank you for your con3nued support of the approved downtown plan including the affordable housing project. I have supported and par3cipated in the development of this plan as a Planning Commissioner (2014-2020), as a member of the Downtown Steering CommiOee (2018), and as a Councilmember (2021-2022), during which 3me I voted to approve the amended DDA.

The court’s recent decision allows the housing to proceed independently from the park. This much-needed housing can now move forward. Sadly, due to unnecessary and costly li3ga3on the project comes years later and at much greater cost as compared to when it was first approved. The families and individuals who work in our community who could have had an affordable home for all these years have lost the most.

I urge you to 1) rescind the 2022 council ac3on, 2) reaffirm the administra3ve items allowing Eden to proceed with construc3on of the housing, and 3) move forward with the construc3on of the park honoring our veterans one year from now.

Sincerely,
Gina Bonanno
Livermore, CA 94550
Item 7.2
Public Comment Received
1119
1 Helena Graves
From:

Sent: Saturday, June 22, 2024 12:05 PM
To: City Clerk
Cc: Linda Mandolini; Bryan Balazs; 'Dyrell Foster'; Tim Sbranti Subject: Downtown Livermore Affordable Housing and Park Resolution Exercise Caution: This message is from outside the City email system. Do not open links or attachments from untrusted sources.

Dear Livermore City Council,
My name is Stephen Lanza, I am a resident of Livermore for twenty years and the Tri-Valley for thirty years. In addition to being a community member,
I am a retired senior executive at Lam Research, a significant employer in the area and Chair of a Business Peer Advisory Group with many Tri-Valley executives as members.

I am writing to express my gratitude for your unwavering support for the Downtown Livermore Apartments affordable housing project. This is an important step for the Livermore business community,
residents and workers in the area, our city plans for a vibrant Downtown and our students, faculty and staff at Las Positas College.

The California Court of Appeal’s recent decision clarifies that the housing project can proceed independently from the park. I am pleased that this important project can move forward. I urge the Council to quickly take the necessary steps to remove the park components from the Disposition, Development, and Loan Agreement to facilitate these next steps.

The park, which is the subject of tonight's deliberation, is an important part of our downtown’s future. It is our hope that the Council will proceed with plans for the park in a year’s time. I strongly urge the council to proceed as needed to move the housing forward and allow the
park to be considered in the future by adopting a resolution repealing Resolution no. 2022-085.

Sincerely,
Steve Lanza
Member (prior Chair), Innovation Tri-Valley Leadership Group Member (prior Chair), Las Positas College Foundation Board of Directors Trustee, Chabot Las-Positas College Board
Member, SPARC Board of Directors
Prior Corporate Vice President, Lam Research
Stephen Lanza
Principal
Tri-Valley Advising
Item 7.2
Public Comment Received
1120
2 +1 510-734-4070
Item 7.2
Public Comment Received
1121
1 Helena Graves
From: Carolyn Owens
Sent: Saturday, June 22, 2024 12:12 PM
To: City Clerk
Subject: 6/24/2024 City Council Meeting
Exercise Caution: This message is from outside the City email system. Do not open links or attachments from untrusted sources.

Honorable Mayor Marchand and City Council Members:

I want to congratulate you and the Livermore community, as well as your affordable housing development partner Eden Housing, on getting confirmation from the courts that the much-needed affordable housing project planned for our downtown can proceed after six years of unnecessary litigation.

I urge you to accept the referendum here tonight and proceed a year from now to swiftly construct the park which will enhance the Eden Housing project in our beautiful downtown.

Thank you.

Carolyn Owens
Livemore, CA 94550
Item 7.2
Public Comment Received
1122
1 Helena Graves
From: Robert Drach
Sent: Saturday, June 22, 2024 12:48 PM
To: City Clerk
Subject: 6/24/2024 City Council Meeting
Exercise Caution: This message is from outside the City email system. Do not open links or attachments from untrusted sources.

Honorable Mayor Marchand and City Council Members:

I urge you to accept the referendum here tonight and proceed a year from now to swiftly construct the park which will enhance the Eden Housing project in our beautiful downtown.

Thank you.

Robert Drach
Livermore, CA 94550
Item 7.2
Public Comment Received
1123
1 Helena Graves
From: Mary Beeve
Sent: Saturday, June 22, 2024 3:46 PM
To: City Clerk
Subject: Fwd: Agenda Item 7.2
Exercise Caution: This message is from outside the City email system. Do not open links or attachments from untrusted sources.

Sent from my iPhone
Begin forwarded message:

From: Mary Beeve
Date: June 22, 2024 at 1:44:57 PM PDT
To: [email protected]
Subject: Agenda Item 7.2

Honorable Mayor Marchand and City Council Members,
I support reaffirming the administrative items that refined the agreement with Eden Housing to build the workforce housing project, to work as expeditiously as possible to construct Veterans Park.

Sincerely,
Mary Beeve
Item 7.2
Public Comment Received
1124
1 Helena Graves
From: DONALD STAYSA
Sent: Saturday, June 22, 2024 6:20 PM
To: City Clerk
Subject: veterans park
Exercise Caution: This message is from outside the City email system. Do not open links or attachments from untrusted sources.

Honorable Mayor and Council Members,
In regard to Agenda item 7.2, I support reaffirming the administrative items that refined the agreement with Eden Housing to build the workforce housing project, working expeditiously as possible to construct Veterans Park

Thank You,
Lynn Staysa
Item 7.2
Public Comment Received
1125
1 Helena Graves
From: RICK EDSON
Sent: Sunday, June 23, 2024 9:00 AM
To: City Clerk
Subject: Jun 24 City Council Meeting 7.2
Exercise Caution: This message is from outside the City email system. Do not open links or attachments from untrusted sources.

Honorable Mayor Marchand and members of Livermore City Council,

I am Rick Edson. I came to live in Livermore in 1979. My wife Carol and I raised two daughters, now grown, one on the East coast, and one in the Bay Area. I love this town.

Over the years I’ve observed the contentious process of developing the downtown area and building affordable housing. The voters in each election cycle have properly chosen mayors and city council members who faithfully have served this community through the development process. As I viewed it, the development process for what I think of as ‘Eden Housing’ came about through the proper process. Public input and comment was received and considered to develop the mixed use on the old Lucky property for housing, wine country hotel, Veterans Park, public park, science center, increased parking spaces, and all the rest. I supported the plan.

As I understand today, the appeals court has confirmed that the building of housing on the property can proceed. However, there is perhaps a last question before the council: how to accept the certification of the referendum that Move Eden Housing circulated and the appeals court has allowed.

I put my faith in you elected officials to show due care in handling this issue. I would like to see Veterans’ Park be built and the long-ago approved City plan for the downtown site become a reality.

Thank you

Rick Edson

Item 7.2
Public Comment Received
1126
1 Helena Graves
From: Kanishka Bhutani
Sent: Sunday, June 23, 2024 8:57 AM
To: City Clerk
Subject: Public Comment - Item 7.2 of the Agenda for the City Council Meeting on June 24, 2024 Exercise Caution: This message is from outside the City email system. Do not open links or attachments from untrusted sources.

Dear City Clerk:

Please register my support for Item 7.2 of the Agenda for the June 24 meeting. Please convey my comment to respected Mayor and the City Council in the following terms:

Honorable Mayor and Council Members: With regards to the next course of action in the Eden DT Housing and Veteran's Park matter, I support that your office:

A.: Reaffirms the administrative items that refined the agreement with Eden Housing to build the workforce housing project with no further delay.

B. Works expeditiously as possible to construct Veterans Park.

It is extremely unfortunate that the referendum signature gatherers misled Livermore residents and got their support to delay Veterans Park, all to the detriment of the much needed Eden Housing project and our entire community.

I urge you to accept the referendum here tonight and proceed a year from now to swiftly construct the Veterans Park, which will enhance the Eden Housing project in the beautiful and vibrant Livermore Downtown.

Thank you.

Sincerely,
Kanishka Bhutani
(Livermore Resident)
Item 7.2
Public Comment Received
1127
1 Helena Graves
From: frieders3
Sent: Sunday, June 23, 2024 10:59 AM
To: City Clerk
Subject: Downtown Livermore Apartments affordable housing project Exercise Caution: This message is from outside the City email system. Do not open links or attachments from untrusted sources.

Dear City Council:

My name is Gene Frieders and I am a resident of Livermore. I am writing to express my gratitude for your unwavering support for the Downtown Livermore Apartments affordable housing project.

The California Court of Appeals' recent decision clarifies that the Eden housing project can proceed independently from the Veterans Park. I am delighted that this important project can move forward.

I urge the Council to take the necessary steps to remove the Veterans Park components from the Disposition, Development, and Loan Agreement to facilitate these next steps.

The Veterans Park, which is the subject of tonight's deliberation, is an important part of our Downtown’s future.

It is our hope that the Council will proceed with plans for the Park in a year’s time. I strongly urge the Council to proceed as needed to move the housing forward and allow the Veterans Park to be considered in the future.

Sincerely,
Gene Frieders
Item 7.2
Public Comment Received
1128
1 Helena Graves
From: Mini Chopra
Sent: Sunday, June 23, 2024 12:45 PM
To: City Clerk
Subject: Public Comment - Item 7.2 of the Agenda for the City Council Meeting on June 24, 2024 Exercise Caution: This message is from outside the City email system. Do not open links or attachments from untrusted sources.

Dear City Clerk:

Please register my support for Item 7.2 of the Agenda for the June 24 meeting. Please convey my comment to respected Mayor and the City Council in the following terms:

Honorable Mayor and Council Members:

I urge you to repeal the impugned Resolution No. 2022-085 - preserving and protecting, however, the Livermore City Council’s administrative action of transferring the Downtown site to Eden Housing Developer.

I support and agree with the “Companion Resolution” (Attachment # 11, under Item 7.2, in the Agenda) that City officials have painstakingly put together, consistent with and in furtherance of the last appellate court decisions in Save Livermore Downtown and Move Eden Housing, respectively.

I also want to express my gratitude to the Livermore City Council, the City Attorney, and the City Manger and her team for acting fairly in this extremely contentious matter, and for taking steps in the best interests of our town.

Sincerely,
Mini Chopra
(Livermore Resident)
Item 7.2
Public Comment Received
1129
1 Helena Graves
From: Marsha Gillette
Sent: Sunday, June 23, 2024 1:23 PM
To: City Clerk
Subject: Veterans Park
Exercise CauƟon: This message is from outside the City email system. Do not open links or aƩachments from untrusted sources.

Honorable Mayor and Council Members,
In regard to Agenda Item 7.2, I support reaffirming the administraƟve items that refined the agreement with Eden Housing to build the workforce housing project, working as expediƟously as possible to construct Veterans Park.

Thank you.

Marsha GilleƩe
Item 7.2
Public Comment Received
1130
1 Helena Graves
From:

Sent: Sunday, June 23, 2024 4:18 PM
To: City Clerk
Cc: [email protected]
Subject: Downtown Livermore Apartments affordable housing project Exercise Caution: This message is from outside the City email system. Do not open links or attachments from untrusted sources.

Hello Livermore City Council,

My name is Jeff Escott. My wife, Katy, and I have been Livermore residents and registered and faithful voters here for just over 30 years, living within walking distance of downtown. We are writing to express our appreciation for your ongoing support for the Downtown Livermore Apartments affordable housing project. We were fortunate to move here and raise our family in more affordable times and know very well how difficult it is for the next generations to afford to live in the region, making projects like this all the more important.

The California Court of Appeal’s recent decision clarifies that this housing project can proceed independently from the park. We are delighted that this much needed project can move forward and urge the Council to take the necessary steps to remove the park components from the Disposition, Development, and Loan Agreement to facilitate these next steps.

The park, which is the subject of Monday night’s deliberation, is an important part of our downtown’s future. It is our hope that the Council will proceed with plans for the park in a year’s time.

We strongly urge the council to proceed as needed to move the housing forward and allow the park to be considered in the future.

Sincerely,

Jeff and Katy Escott
Item 7.2
Public Comment Received
1131
1 Helena Graves
From: Ken Boyden
Sent: Sunday, June 23, 2024 6:02 PM
To: City Clerk
Subject: Veterans Park Agenda Support
Exercise Caution: This message is from outside the City email system. Do not open links or attachments from untrusted sources.

Dear City Council:

My name is Ken Boyden, and I have been a resident of Livermore for 43 years. I am writing to express my gratitude for your unwavering support for the Downtown Livermore Apartments affordable housing project.

The California Court of Appeals' recent decision clarifies that the Eden housing project can proceed independently from the Veterans Park. I am delighted that this important project can move forward.

I urge the Council to take the necessary steps to remove the Veterans Park components from the Disposition, Development, and Loan Agreement to facilitate these next steps.

The Veterans Park, which is the subject of tomorrow's deliberation, is an important part of our Downtown’s future. It is our hope that the Council will proceed with plans for the Park in a year’s time.

I strongly urge the Council to proceed as needed to move the housing forward and allow the Veterans Park to be considered in the future.

Sincerely, Ken Boyden
Item 7.2
Public Comment Received
1132
1 Helena Graves
From: Cindy Don
Sent: Sunday, June 23, 2024 10:27 PM
To: City Clerk
Subject: Important
Exercise Caution: This message is from outside the City email system. Do not open links or attachments from untrusted sources.

Dear Livermore City Council:

My name is Cindy Don Chang, and I am a longtime resident of Livermore. I am writing to express my gratitude for your unwavering support for the Downtown Livermore Apartments affordable housing project. The California Court of Appeals' recent decision clarifies that the Eden housing project can proceed independently from the Veterans Park. I am delighted that this important project can move forward.

I urge the Council to take the necessary steps to remove the Veterans Park components from the Disposition, Development, and Loan Agreement to facilitate these next steps.The Veterans Park, which is the subject of tonight's deliberation, is an important part of our Downtown's future. It is our hope that the Council will proceed with plans for the Park in a year's time.

I strongly urge the Council to proceed as needed to move the housing forward and allow the Veterans Park to be considered in the future.

Warmly,
Cindy Don Chang
Sent from my iPhone
Item 7.2
Public Comment Received
1133
1 Helena Graves
From: Jay Davis
Sent: Monday, June 24, 2024 6:26 AM
To: City Clerk
Subject: Delay of Veterans Park
Exercise Caution: This message is from outside the City email system. Do not open links or attachments from untrusted sources.

We would like to express our support for the City Council motion to delay the start of Veterans Park construction for a year. Though we live in the County and cannot vote on the various measures affecting downtown, we have been in Livermore over fifty years and are active users and enjoyers of all that our downtown offers. Letting the dust settle a bit as the Eden Housing matter comes to a close will impose no cost nor foreclose any opportunity.

Jay and Mary Davis
Item 7.2
Public Comment Received
1134
1 Helena Graves
From: Bob Pruett
Sent: Monday, June 24, 2024 6:51 AM
To: City Clerk
Cc: Bob Pruett
Subject: Please support the MEH Referendum, Item 7.2 Matters for Consideration Exercise Caution: This message is from outside the City email system. Do not open links or attachments from untrusted sources.

Honorable Mayor Marchand and City Council Members,
My wife and I very thoughtfully chose the town of Livermore in buying property here over 10 years ago. This was after living in Pleasanton and Danville and observing the choices those cities made in managing their growth. The work Livermore has done to create a fantastic culture and family environment is what drove our choice and our degree of commitment and support of this vibrant community.

Specific to current events which support the cultural journey of our city, I'd like to congratulate you and the Livermore community, as well as your affordable housing development partner Eden Housing, on getting confirmation from the courts that the much-needed affordable housing project planned for our downtown can proceed after six years of litigation.

The only question before you today is how to accept the certification of the referendum circulated by Move Eden Housing. According to the courts, the referendum is legitimately about one, and only one, action taken by the city Council in 2022 – The construction of Veterans Park. It is extremely unfortunate that the referendum signature gatherers misled our residents and got their support to delay Veterans Park to the detriment of the Eden Housing project and our entire community.

In continuing the work the community has done over the past 20 years creating an exceptional city, I urge you to accept the referendum Monday night and proceed a year from now to construct the park. This is another step of our town's journey to create a rich community and enhance the Eden Housing project in our beautiful downtown.

Bob Pruett
Item 7.2
Public Comment Received
1135
1 Helena Graves
From: Marc Ross
Sent: Monday, June 24, 2024 7:33 AM
To: City Clerk
Subject: My comment for Item 7.2 Matters for Consideration on 06/24/24 Exercise Caution: This message is from outside the City email system. Do not open links or attachments from untrusted sources.

Hello, my name is Marc Ross and I’m a citizen of Livermore and live at I am also a Board Member of Interfaith Housing and sit on Chief Young’s Chief’s Advisory Board. I fully support Eden Housing and their affordable housing project on the downtown property.

The California Court of Appeals' recent decision clarifies that Eden Housing’s affordable housing project can proceed independently from the Veterans Park. This is very welcomed news and I fully support the decision. I urge the City Council to do what is necessary to allow the building of Eden Housing to begin and come back in a year and pass the construction of Veterans Park. Our residents have been wrongly misled by signature gathers, and our city’s time and money has been wasted by the bad faith efforts of Move Eden Housing. It’s time this comes to an end.

I will also take this opportunity and say that we need more housing generally and we need to start rethinking what housing means and how we provide it as a community. This should include all types of structures and sizes as well as innovative and thoughtful proposals and implementing the policy changes needed. Housing for me is a human right and should not be dictated on whether you can afford it or not. Thank you for your time.
--
Item 7.2
Public Comment Received
1136
1 Helena Graves
From: Bob Woerner
Sent: Monday, June 24, 2024 8:12 AM
To: City Clerk
Subject: Comments re Agenda Item 7.2 for tonights City Council meeting Exercise Caution: This message is from outside the City email system. Do not open links or attachments from untrusted sources.

After certifying the referendum as qualified, I’m in favor of the city council taking the following actions as the best path forward of all the options:
- Rescinding the May 2022 council action
- Reaffirming the administrative items that refined the agreement with Eden Housing to build the workforce housing project
- Working expeditiously as possible to construct Veterans Park I am appalled that the small Group-Of-Many-Names, that is primarily directed and funded by the wealthy owner of the Independent, continues to stop at nothing to hinder progress in our downtown.

They have spent inordinate sums to spread misinformation, buy petition signatures, influence elections and pursue frivolous lawsuits - resulting in an appalling waste of our community’s precious resources and everyone’s time.

The amount of harm they have done to our community in their latest incarnation as Move Eden Housing is truly reprehensible. We desperately need affordable housing so those who work helping our community can live in Livermore. Also, delaying a park dedicated to honoring those who have risked, and even sacrificed, their lives for us is unconscionable.

Once again, I find myself urging Joan Seppala and her small group of disgruntled followers to stop their baseless and divisive delaying tactics so that Livermore can finally finish the downtown as unanimously approved so long ago.

Bob Woerner
Item 7.2
Public Comment Received
1137
1 Helena Graves
From: Vaughn Draggoo <[email protected]>
Sent: Monday, June 24, 2024 8:25 AM
To: City Clerk
Subject: Accept the Referendum
Exercise Caution: This message is from outside the City email system. Do not open links or attachments from untrusted sources.

Honorable Mayor Marchand and City Council Members:

I urge you to accept the referendum here tonight and proceed a year from now to swiftly construct the park which will enhance the Eden Housing project in our beautiful downtown. --
Vaughn Draggoo
Member, Board of Directors
| quest-science.org
To help p otect you p vacy M c osoft Off ce p evented automat c download of th s pictu e f om the In e net
Item 7.2
Public Comment Received
1138
1 Helena Graves
From: VAUGHN DRAGGOO
Sent: Monday, June 24, 2024 8:38 AM
To: City Clerk
Subject: Accept the Referendum
Exercise Caution: This message is from outside the City email system. Do not open links or attachments from untrusted sources.

Honorable Mayor Marchand and City Council Members:

We want to congratulate you and the Livermore community, as well as your affordable housing development partner Eden Housing, on getting confirmation from the courts that the much-needed affordable housing project planned for our downtown can proceed after six years of unnecessary litigation.

We urge you to accept the referendum here tonight and proceed a year from now to swiftly construct the park which will enhance the Eden Housing project in our beautiful downtown.

Vaughn and Sharon Draggoo

Item 7.2
Public Comment Received
1139
1 Helena Graves
From: Isaiah Campbel
Sent: Monday, June 24, 2024 8:47 AM
To: City Clerk
Subject: Eden Housing Park
Exercise CauƟon: This message is from outside the City email system. Do not open links or aƩachments from untrusted sources.

Hi there,
As an almost 20 year resident and educator in the Livermore community, I am conƟnually disappointed to see the push for low-income housing being sabotaged and delayed.

The halƟng of the park by Eden Housing is nothing short of another tacƟc to delay the accessibility of affordable housing opƟons in the Livermore area.

Housing is far too expensive in Livermore and as a result, I’ll be forced to move out of the area this fall, possibly teaching elsewhere as well.

While it is likely too late for me, there are countless others who will conƟnue to be forced to make difficult decisions like this. So fight for those who live here. Bring affordable housing to Livermore and separate the issues of the park and the housing project.

While the park may be delayed the housing doesn’t have to. Don’t force more long Ɵme residents to leave their home.

Push housing forward and delay the park if you have to.

Thank you,
Isaiah Campbell
Item 7.2
Public Comment Received
1140
1 Helena Graves
From: Sherry Nigg
Sent: Monday, June 24, 2024 9:21 AM
To: City Clerk
Subject: City Council Meeting 6.24.24
Exercise Caution: This message is from outside the City email system. Do not open links or attachments from untrusted sources.

Honorable Mayor Marchand and City Council Members:

I urge you to accept the referendum here tonight and proceed a year from now to swiftly construct the park which will enhance the Eden Housing project in our beautiful Downtown.

As a Downtown property owner and local real estate agent I cannot stress enough how important these projects are to our Downtown.
--
Sherry Nigg
Re/Max Accord
(925) 640-0869
DRE: 01177147
Item 7.2
Public Comment Received
1141
1 Helena Graves
From: Beth Trutner
Sent: Monday, June 24, 2024 9:31 AM
To: City Clerk
Subject: Item 7.2
Exercise Caution: This message is from outside the City email system. Do not open links or attachments from untrusted sources.

Dear Mayor Marchand and Council Members:

I work and live downtown, and am a longtime board member of SPARC. I am personally relieved by the court's recent ruling allowing the Eden Housing project to proceed after years of unnecessary litigation and delay. It is my understanding that the only question before you today is how to accept the certification of the referendum circulated by Move Eden Housing. According to the courts, the referendum now addresses only the construction of Veterans Park. I urge you to accept the now very narrow referendum before you to enable the long anticipated Eden Housing project to proceed.

My sincere thanks to you all for your dedication to our city.

Elizabeth (Beth) Trutner
Item 7.2
Public Comment Received
1142
1 Helena Graves
From: Patrick O'Brien
Sent: Monday, June 24, 2024 9:40 AM
To: City Clerk
Subject: FW: Letter In support of Eden Housing
Attachments: SKM_C45824062114070.pdf
Exercise Caution: This message is from outside the City email system. Do not open links or attachments from untrusted sources.

Please accept this letter in support of Eden Housing and the Veterans Park Item 7.2 on tonight’s agenda
Pat
Item 7.2
Public Comment Received
1143
Item 7.2
Public Comment Received
1144
1 Helena Graves
From: Matt Roberts
Sent: Monday, June 24, 2024 10:08 AM
To: City Clerk
Subject: Support for downtown project
Exercise Caution: This message is from outside the City email system. Do not open links or attachments from untrusted sources.

Dear City Council:

Move Eden Housing can pound sand. They do not represent Livermore and certainly do not have our best interests in mind.

My name is Matt Roberts, and I have lived in Livermore for 10 years, working here for 7. My wife and I enjoy all that Livermore has to offer and look forward to raising our 2 young kids here.

We have been extremely frustrated that community groups (whatever their name is this week) funded by a few out of touch rich people have delayed such a necessary and exciting project.

I am writing to express my gratitude for your unwavering support for the Downtown Livermore Apartments affordable housing project.

The California Court of Appeals' recent decision clarifies that the Eden housing project can proceed independently from the Veterans Park. I am delighted that this important project can move forward.

I urge the Council to take the necessary steps to remove the Veterans Park components from the Disposition, Development, and Loan Agreement to facilitate these next steps.

The Veterans Park, which is the subject of tonight's deliberation, is an important part of our Downtown’s future. It is our hope that the Council will proceed with plans for the Park in a year’s time.

I strongly urge the Council to proceed as needed to move the housing forward and allow the Veterans Park to be considered in the future.

Sincerely,
Matt Roberts
Item 7.2
Public Comment Received
1145
1 Helena Graves
From: DE HUYNH
Sent: Monday, June 24, 2024 10:22 AM
To: City Clerk
Cc: [email protected]
Subject: Livermore City Council
Exercise Caution: This message is from outside the City email system. Do not open links or attachments from untrusted sources.

Dear Livermore City Council,
My name is De Huynh, and I am a resident at Livermore 94550. I am writing to express my gratitude for your unwavering support for the Downtown Livermore Apartments affordable housing project.

The park, which is the subject of tonight's deliberation, is an important part of our downtown’s future. It is our hope that the Council will proceed with plans for the park in a year’s time.

I strongly urge the council to proceed as needed to move the housing forward and allow the park to be considered in the future.

Sincerely,
De Huynh
Item 7.2
Public Comment Received
1146
1 Helena Graves
From: Monya Lane
Sent: Monday, June 24, 2024 10:35 AM
To: City Clerk
Subject: Support for Referendum certification and repeal of Veterans Park decision Exercise CauƟon: This message is from outside the City email system. Do not open links or aƩachments from untrusted sources.

To Honorable Mayor and City Council,
Please consider my strong support for the staff recommendaƟon on tonight’s agenda that accepts the Referendum cerƟficaƟon, as well as support for OpƟon 1 which repeals the Veterans Park decision at this Ɵme. This delay is manageable, and we all want to see Veterans Park re-established in the City plan one year from now when it is legally permissible to do so.

Sincerely,
Monya Lane
Item 7.2
Public Comment Received
1147
1 Helena Graves
From: Mark Sweeney
Sent: Monday, June 24, 2024 10:44 AM
To: City Clerk
Subject: Fwd: Item 7.2 City Council Meeting June 24th
Exercise Caution: This message is from outside the City email system. Do not open links or attachments from untrusted sources.

Mayor Marchand and City Council
Please adopt the staff's recommendation Option 1 to hopefully resolve this long ordeal regarding Veterans Park and the Eden Housing project. Considering how litigous the opponents of the project have been it seems prudent to also ratify the Companion Resolution that staff is recommending.

The Appellate Court has made it abundantly clear that only the decision to construct and improve Veterans Park was a legislative act by the city council and therefore could be subject to a referendum.

The Appellate Court rejected the arguments in the lawsuit related to the Eden Housing project. The Eden project should therefore finally be able to proceed.

Workforce housing in our region is in very short supply. We need projects like the Eden project in all our Tri-Valley cities. Hopefully the Eden Housing project will proceed unimpeded now that the latest attempt to stop it has been decided by the court. Unfortunately, the community will have to wait another year to build a park to honor the veterans of our armed forces.

Thank you.

Mark Sweeney
Pleasanton
Item 7.2
Public Comment Received
1148
1 Helena Graves
From: Brett Bailey
Sent: Monday, June 24, 2024 10:58 AM
To: City Clerk
Subject: Downtown Livermore Housing
Exercise Caution: This message is from outside the City email system. Do not open links or attachments from untrusted sources.

Dear Livermore City Council,
I am writing to you about the approved housing project that has been developed by the city and Eden Housing. My name is Brett Bailey. Our family moved to Livermore in 2004 and I participated in some of the early community meetings set up by the city's planning department to share ideas and express concerns related to the downtown plan, the downtown character and the path for providing affordable, workforce housing. I believe the city staff and the city council members, particularly Mayor Marchand and Mayor Woerner, have been thoughtful and fiscally responsible in representing the community's desire for affordable housing on the city-designated site on Railroad Avenue. They have stood firm in their commitment to supporting the Eden Housing project in spite of three years of frivolous lawsuits intended to stall the housing.

It is my understanding that in the process of the latest of these lawsuits, the California Court of Appeals has stated that the housing community can proceed independent of Veteran's Park. It has been over three years since the Eden Housing project was approved by the city council. I urge you to please modify the DDLA as necessary in order to make the housing possible and move forward with the housing.

The Veteran's Park is a very appealing component of this new housing community. The linkage of Veteran's Park to Stockmen's Park and the surrounding community buildings is an important vision not to be abandoned. It will strengthen and integrate the new housing community more fully into the downtown core.

Eden Housing has an outstanding track record for developing and managing housing communities of the highest caliber and that contribute positively to the larger communities in which they are a part.

I want to urge the council to move forward as expeditiously as possible with this new housing community and consider how Veteran's Park can be executed in the near future to complete the vision for this portion of the downtown.

Sincerely,
Brett Bailey
Livermore
Item 7.2
Public Comment Received
1149
1 Helena Graves
From: Megan Nguyen <[email protected]>
Sent: Monday, June 24, 2024 11:11 AM
To: City Clerk
Cc: Vasko Yorgov
Subject: EBHO's Comments on Item 7.2
Attachments: Item 7.2 - East Bay Housing Organizations (EBHO) Comments 6-24-24.pdf Exercise Caution: This message is from outside the City email system. Do not open links or attachments from untrusted sources.

Dear Livermore City Council,
On behalf of East Bay Housing Organizations (EBHO), we thank you for your dedicated support to Eden Housing's Downtown Livermore Apartments. The park, the topic of tonight's deliberation, is an important aspect of the community and downtown's future.

We strongly urge the Council to continue honoring that the affordable housing and park are separate considerations - this will allow the urgently needed housing to proceed, and give the City the option to consider how the park will move forward.

Sincerely,
Megan Nguyen
--
To help protect your priv acy, Microsoft Office prevented automatic download of this picture from the Internet. Megan Nguyen Policy Manager

EAST BAY HOUSING ORGANIZATIONS (EBHO)
[email protected]
(510) 213-8337
she/her/hers
Celebrating 40 years of housing justice advocacy!
Item 7.2
Public Comment Received
1150
1 Helena Graves
From: Finster, David Christen <[email protected]>
Sent: Monday, June 24, 2024 11:36 AM
To: City Clerk
Subject: FW: referendum
Exercise Caution: This message is from outside the City email system. Do not open links or attachments from untrusted sources.

Thank you,
Dave Finster
From: Finster, David Christen
Sent: Monday, June 24, 2024 11:08 AM
To: Dave Finster
Subject: FW: referendum
Thank you,
Dave Finster
From: Finster, David Christen
Sent: Monday, June 24, 2024 11:06 AM
To: [email protected]
Subject: referendum
Honorable Mayor Marchand and City Council Members ,
As President of the Livermore Stockmen’s Rodeo Association (LSRA) our board of Directors and I would like to congratulate you and the Livermore community on getting confirmation from the courts that the aƯordable housing project can proceed . We know that this has been a long six year battle . We also know that the battle continues with the referendum circulated by Move Eden housing . We urge you to accept the referendum and proceed a year from now to construct Veterans park . We are appalled that a small group of people funded by a person with deep pockets could delay the Eden Housing Project and Veterans Park . Thank you for hearing our views on these issues .

Sincerely
Dave Finster
Item 7.2
Public Comment Received
1151
2 President
Livermore Stockmen’s Rodeo
Association
Dave Finster
WCI Deployed Craft Supervisor
B1632 R1006 |L-793
Office: 925-423-1936
Cell: 925-724-8984
[email protected]
Item 7.2
Public Comment Received
1152
1 Helena Graves
From: Sblend Sblendorio
Sent: Monday, June 24, 2024 11:35 AM
To: City Clerk
Subject: City Council Hearing for June 24 Item 7.2
Exercise Caution: This message is from outside the City email system. Do not open links or attachments from untrusted sources.

Dear Madam Clerk,
On behalf of Innovation Tri Valley Leadership Group and its Housing, Infrastructure and Transportation committee, we are pleased that the city and Eden Housing to hear you received confirmation from the courts that the muchneeded affordable housing project planned for our downtown can proceed after years of litigation that denied housing to needy families.

We believe that the only question before you is how to accept the certification of the referendum circulated by Move Eden Housing. According to the courts, the referendum is about one, and only one, action taken by the city Council in 2022 – The construction of Veterans Park.

We urge you to accept the referendum and proceed in the future to construct the park which assuredly will enhance your beautiful downtown and become a destination for all residents and visitors.

Sblend A. Sblendorio, Chair of the Housing, Infrastructure and Transportation committee of Innovation Tri Valley Leadership Group Item 7.2
Public Comment Received
1153
1 Helena Graves
From:

Sent: Monday, June 24, 2024 11:35 AM
To: City Clerk
Subject: Support for Referendum certification and repeal of Veterans Park decision Exercise Caution: This message is from outside the City email system. Do not open links or attachments from untrusted sources.

Thank you,
Robert Bryant
Item 7.2
Public Comment Received
1154
1 Helena Graves
From: Evan Branning
Sent: Monday, June 24, 2024 11:25 AM
To: City Clerk
Subject: Fwd: Supporting Eden housing
For the record
Get Outlook for iOS
From: Margot Platt
Sent: Sunday, June 23, 2024 12:58:28 PM
To: Livermore City Council <[email protected]> Subject: Supporting Eden housing
Exercise Caution: This message is from outside the City email system. Do not open links or attachments from untrusted sources.

Dear City Council,
As long-time residents of Livermore, we thank you and support you in for your unwavering commitment to affordable housing in Livermore, especially the Eden housing project downtown. We heard that the California Court of Appeal’s recent decision clarifies that the housing project can move forward independently from the park. Both the housing and the park are good additions to Livermore, but we think it is a good idea (as well as a legally prudent one) to separate the two issues. By all means, carry on with developing a park (with a referendum to the voters if necessary), but we urge you to also carry on with Eden’s housing plans, for which the Court of Appeals has said no referendum is legally required. In other words, please proceed as needed to move the housing forward as quickly as possible and allow the park to be considered in the future.

Sincerely,
Margot & Spencer Platt
Livermore, CA 94550
Item 7.2
Public Comment Received
1155
Item 7.2
Public Comment Received
1156
1 Helena Graves
From: Erika Kiernan on behalf of info Service
Sent: Monday, June 24, 2024 2:03 PM
To: City Clerk
Subject: FW: Feedback for Livermore, CA
Please see the email below that was received through the City’s Service Info. email and respond on behalf of the City with a bcc to [email protected] so we can cross off the follow-up list.

From: City of Livermore govAccess CMS Site <[email protected]> Sent: Sunday, June 23, 2024 3:41 PM
To: info Service <[email protected]>
Subject: Feedback for Livermore, CA
Exercise Caution: This message is from outside the City email system. Do not open links or attachments from untrusted sources.

You have received this feedback from Don & Carol Hardesty < > for the following page:
https://www.livermoreca.gov/Home/Components/News/News/1079/ Carol and I live at Livermore We support the City Staff's Recommendation that the Council accept the Referendum on Veteran's Park at the City Council meeting on June 24. Specifically, (as stated in the meeting Agenda) to approve 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.

Item 7.2
Public Comment Received
1157
1 Helena Graves
From: Stephanie
Sent: Monday, June 24, 2024 11:55 AM
To: City Clerk
Subject: Veterans Park Referendum
Exercise Caution: This message is from outside the City email system. Do not open links or attachments from untrusted sources.

Honorable Mayor Marchand and City Council Members:

This is in reference to the Move Eden Housing referendum you'll be considering at tonight's City Council Meeting. Please accept the referendum with the understanding that the referendum only relates to the construction of Veterans Park, as per the courts.

As a 30-year resident of Livermore, I am fed up with a small group of entitled individuals making it their life's goal to delay, quash, or tear apart everything the City government has agreed to do. They continually boast that they are speaking for the people of Livermore. They are not, given that the majority of council members, all of whom are in favor of Eden Housing, have been elected by Livermore citizens. You represent the majority of Livermore and should continue to act and vote as our representatives, not as representatives of individuals who have consistently misled the public about your decisions.

Thank you,
Stephanie King
Livemore
Item 7.2
Public Comment Received
1158
1 Helena Graves
From: Laning Thompson
Sent: Monday, June 24, 2024 11:53 AM
To: City Clerk
Subject: Comment for tonight's council meeting
Exercise Caution: This message is from outside the City email system. Do not open links or attachments from untrusted sources.

In regard to item 7.2 on tonight’s agenda, I would like to submit the following comment:

I, Laning Thompson, have been a Livermore resident for the last 18 years. As the current vicepresident of Interfaith Housing, which provides affordable apartments for low-income seniors, I want to express my gratitude for the Council’s unwavering support for the Downtown Livermore Apartments housing project.

The California Court of Appeals' recent decision clarifies that the Eden housing project can proceed independently from the Veterans Park, and I’m delighted that this important project can move forward. I strongly urge the Council to take the necessary steps to remove the Veterans Park components from the Disposition, Development, and Loan Agreement to facilitate these next steps.

The Veterans Park, which is the subject of tonight's deliberation, is an important part of our Downtown’s future. I hope that the Council will proceed with plans for the park in a year’s time.

Affordable apartments are desperately needed to prevent lower-income people from becoming homeless due to the high cost of market-rate rentals. It takes a long time and costs a lot to build such apartments even without opposition by local groups, so I think it’s a shame that the Downtown Livermore Apartments were further delayed by this confusing referendum.

Thank you,
Laning Thompson
Item 7.2
Public Comment Received
1159
1 Helena Graves
From: Matt Regan <[email protected]>
Sent: Monday, June 24, 2024 11:52 AM
To: City Clerk
Subject: Downtown Livermore Affordable Housing
Attachments: image001.png; image002.png; image003.png; image004.png; image005.png; LivermoreEdenProject.pdf
Exercise Caution: This message is from outside the City email system. Do not open links or attachments from untrusted sources.

Dear Clerk
Please find aƩached the Bay Area Council’s leƩer of support for the Eden Housing project that will be on the agenda for this evening’s Council MeeƟng
Sincerely
MaƩ Regan
Matt Regan
Senior Vice President
Phone: 415 298 0330
The Klamath Pier 9, The Embarcadero, San Francisco
www.bayareacouncil.org
Item 7.2
Public Comment Received
1160
June 24, 2024
Dear Livermore City Council,
The Bay Area Council represents over 350 of the Bay Area’s largest employers, public and private and for 80 years we have been striving to make this region as the best place in the world to live and work
We are writing to express our gratitude for your unwavering support for the Downtown Livermore Apartments affordable housing project. You know that the dire shortage of affordable housing is the most pressing challenge of our time and this project is part of the solution.

The California Court of Appeal’s recent decision clarifies that the housing project can proceed independently from the park. I urge the Council to ignore efforts to further delay this critical project and take the necessary steps to remove the park components from the Disposition, Development, and Loan Agreement.

The park, which is the subject of tonight's deliberation, is an important part of our downtown’s future. It is our hope that the Council will proceed with plans for the park in a year’s time.

I strongly urge the council to proceed as needed to move the housing forward and allow the park to be considered in the future.

Sincerely
Matt Regan
Senior Vice President
Bay Area Council
Item 7.2
Public Comment Received
1161
Council Member
Date of Meeting or Event Committee or Organization
Meeting or Event Type (ex. board meeting or ribbon cutting) Summary of Meeting or Event Mayor Marchand 6/17/2024 City of Livermore Meeting and overview Meeting with the participants of the Summer Teen Academy Mayor Marchand 6/17/2024 Chamber of Commerce Ribbon-cutting Welcomed The Joint Chiropractic to its new location.Mayor Marchand 6/20/2024 Chamber of Commerce Business Mixer Networked with local businessesMayor Marchand 6/20/2024 Innovation Tri-Valley Presentation on the Hertz Effect Heard from a number of Hertz scholars, their work and their impact.

Mayor Marchand 6/21/2024 LARPD Foundation Fundraiser Raised funds for the Foundation at Ravenswood.

Item 8.0
Council Reports
1162
Council Member
Date of Meeting or Event Committee or Organization
Meeting or Event Type (ex. board meeting or ribbon cutting) Vice Mayor Carling 6/11/2024 Ribbon cutting at the Club at LivermoreVice Mayor Carling 6/12/2024 Alameda County Mayor's Conference Attended for Mayor MarchandVice Mayor Carling 6/13/2024 StopWaste Board MeetingVice Mayor Carling 6/18/2024 Livermore Downwown Inc Attended for Councilmember Branning Item 8.0
Council Reports
1163
Council Member
Date of Meeting or Event Committee or Organization
Meeting or Event Type (ex. board meeting or ribbon cutting) Summary of Meeting or Event Council Member Barrientos 6/12/2024 Ava
Meeting of the Ava Board Selected a new CEO of Ava Howard Chang Council Member Barrientos 6/13/2024 Ava
Fare well to out going CEO
Good farewell for the out going CEO. Opportunity to meet Ava employees Council Member Barrientos 6/21/2024
Association of Bay Areas Governments Meeting of ABAG
Met at the Oakland Museum. Voted on the 24/25 budget. Note that at least 40% + of the 101 cities and 9 Counties were not present. A quorum was in question.

Council Member Barrientos 6/23/2024 Personal
Attended June Opera in the Vineyard Shared food. Met people and listen to some singers Item 8.0
Council Reports
1164
Council Member
Date of Meeting or Event Committee or Organization
Meeting or Event Type (ex. board meeting or ribbon cutting) Council Member Branning 6/24/2024 LAVTA Projects and services committee.

Item 8.0
Council Reports
1165

Livermore City CouncilJune 24, 2024

Livermore City Council
June 24, 2024