P-TRA-24: Following station opening, require businesses within a half-mile of the Valley Link station to participate in the TMA and implement at least two of the following TDM programs (to be implemented through the initial Site Plan Design Review process for new development or through the Zoning Clearance process after construction):
• Parking cash-out for employees that do not drive to work. • Transit passes (such as the Clipper Card) for employees. • Car-sharing or bike-sharing program.
• Carpool and vanpool ride-matching services.
• Guaranteed ride home for transit users and car/vanpoolers. • Flexible work schedules, shortened work weeks, or options to telecommute.
Consistent. The Project would comply with the TMA requirement for any TMA established pursuant to the INSP.
G-TRA-5: Proactively manage the supply of on- and off-street parking to match demand, while minimizing the land dedicated to and the costs associated with parking.
Consistent. The Project would provide code required bicycle and automobile parking spaces to match the demands expected of the Project Site.
P-TRA-25: Monitor Valley Link parking supply and demand. In the event of parking shortages:
• Work with property owners to provide surface or shared parking arrangements.
• Work with LAVTA, Valley Link, and other partners to implement additional TDM strategies such as enhanced shuttle/bus service.
N/A.
P-TRA-26: Monitor and manage parking supply and demand, spillover in neighborhoods, available technologies, programmatic parking management options, and cost implications of providing parking structures. Potential mechanisms for reducing conflicts include:
• Add paid parking on all public streets throughout the Planning Area
N/A
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• Implement a residential parking permit system.
• Add time-limited parking to residential streets.
P-TRA-27: Consider charging for on-street parking and/or enforcing time limits along Main Street and additional areas as needed to encourage turnover in front of businesses and to encourage use of longer-term parking in off-street lots. • Install Smart pay stations that accept coins, credit/debit cards and pay-by-phone.
N/A.
P-TRA-28: Implement the parking minimum and maximum on-site vehicle parking requirements for development listed in Table 3-2. • When calculating the minimum parking requirement, any fraction greater than or equal to 0.50 shall be rounded up to nearest whole number; no additional space shall be required for a fractional unit of less than 0.50.
• Parking requirements based on floor area in square feet (for example: 1 space for each 1,000 sf)
shall be based upon the square feet of gross interior floor area, excluding mechanical equipment
areas and stairwells, unless stated otherwise (e.g., ground area). • A single use with accessory components may be required to provide parking for each component, at
the Director’s discretion. For example, a hotel with a restaurant shall provide space for both
program elements.
• On-site parking requirements for unlisted uses may be determined by the Director based on
available data, consistent with the intent of the Development Code.
• On-street parking spaces located on Main Street shall count Consistent. The Project Site has a minimum parking requirement of 1,873 spaces and a maximum parking allowance of 2,584 spaces. The Project is proposes 2,413 parking spaces.
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toward the required non-residential
parking requirement for development on adjacent blocks. • When uses change, and additional parking is required, an in-lieu fee may be applied if construction of additional parking is infeasible.
P-TRA-29: Developers shall install required paid parking infrastructure.
Consistent. The Project would provide all required paid parking infrastructure within commercial parking areas.
P-TRA-30: For projects with demonstrable lower parking needs allow reductions in the minimum parking requirements by up to 20 percent, subject to Community Development Director approval. • Requests for parking reductions will be based on factors such as: parking demand (including time
of day/week), provision of bicycle parking, share of affordable (below market rate) units, specific
user needs, proximity to the Valley Link station and other transit services, proximity and capacity
of public parking lots, and proposed TDM strategies.
• Applicants shall provide sufficient documentation to support the proposed reduction.
• The City shall grant a reduction only upon finding that the proposed parking plan would not have
an adverse effect on the surrounding properties.
• When a use that was granted a parking reduction is
discontinued, the required parking shall be provided on-site, offsite within a quarter mile of the site, or through payment of the inlieu fee. The new use, however, may request a parking reduction under this policy.
N/A.
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P-TRA-31: Establish an in-lieu parking fee for retail-commercial uses in the Neighborhood’s core area.
• Developers of Ground floor Retail/Flex space may satisfy up to 30 percent of the minimum parking requirement through payment of the in-lieu fee.
• Developers of Neighborhood Commercial uses on the Retail Center block may satisfy up to 10 percent of the minimum parking requirement through payment of the in-lieu fee.
• The City will use the fees generated to pay for the cost of providing public parking, including on-street parking intended to serve retail users along Main Street.
N/A.
P-TRA-32: If a property owner/developer is unable to provide some or all of the required parking on-site, the minimum parking requirement may be satisfied by one or more alternatives:
• Off-site. The owner may provide the required parking on other property within 600 feet of the site proposed for development. The owner shall provide a recorded parking agreement reflecting the arrangement with the other site. The form of agreement must first be approved by the City.
• Shared Parking. Up to 50 percent of the minimum on-site parking requirement may be provided through a shared parking
arrangement, contingent upon a parking study and subject to approval by the Community Development Director. The shared parking facility must be located within 600 feet of the site, if located on private property, or within a quarter mile if located on public property. Distances shall be based on the shortest feasible walking route.
N/A.
P-TRA-33: Encourage shared parking between users with different hours of peak demand.
N/A.
P-TRA-34: Require parking lots along Main Street and Gateway Avenue (between Isabel Avenue and Shea Center Drive) to be available for public use as secured through an agreement with the City (e.g., as part of a Development Agreement) or a land use Consistent. The Project’s parking lots proposed along Main Street and Gateway Avenue for commercial parking would be available for public use.
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entitlement condition of approval. Where an existing private lot is converted to a shared lot that is open for non-exclusive use, spaces that are provided in excess of the amount required may be leased to other establishments.
P-TRA-35: Encourage vehicle parking configurations that provide for efficient use of land such as tandem, underground, and structured parking.
Consistent. The Project proposes parking spaces on the ground floor of the proposed townhomes, or within the building envelopes of the mixed-use buildings. The Project strives to provide efficient parking configurations where parking spaces are primarily located away from the public streets to enhance pedestrian and bicyclist safety.
P-TRA-36: Vehicle parking in residential projects, with the exception of Transition housing units, shall be “unbundled,” such that residents pay for parking separately from the sales price or rent for the housing unit.
Consistent. The parking spaces located within townhomes would necessarily be “bundled” to the unit that they are attached to.
However, the mixed-use buildings and flats would have unbundled parking spaces within proposed parking structures.
P-TRA-37: Encourage resident parking in new residential developments to be secured and accessed separately from commercial parking.
Consistent. The Project is designed so that the residential parking spaces are secured and accessed separately from commercial parking areas.
Parks, Public Facilities, and Infrastructure
G-PF-1: Provide an integrated park, recreation, and open space system that serves a variety of functions: provide
opportunities for recreation and exercise, allow for community gathering and special events, enhance the greenery and
overall aesthetics of the Neighborhood, and support the general enjoyment of the outdoors.
Consistent. The Project provides a recreation center, a neighborhood park, two pocket plazas, and a town square to allow for community gathering and special events, enhance the greenery and the overall aesthetics of the neighborhood, as well as support the general enjoyment of the outdoors.
P-PF-1: Incorporate nodes (parks, plazas, and common areas) and linear elements (trails, paseos, and streets) to form a cohesive, hierarchical open space system for the Neighborhood.
Consistent. The Project creates several different types of open space areas, including a recreation center, a neighborhood park, two pocket plazas, and a town square as well as pedestrian trails, streets, and sidewalks, to meet different outdoor needs of the neighborhood.
P-PF-2: Provide a mix of amenities and programs that respond to the diverse needs and preferences of the community. Design physically accessible, multi-generational spaces to serve children, young adults, seniors, and people with limited mobility.
Consistent. The Project proposes a wide variety of amenities and outdoor areas to meet the diverse needs of this 1,299-dwellingunit development and to meet the needs of the businesses that would be located on the ground floor along Main Street.
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P-PF-3: Construct three new neighborhood-serving Urban Parks (pursuant to Part 8, Civic Space Types, of the Livermore Development Code) in the general locations shown on Figure 4-1, with the following minimum sizes:
• 3 acres along Collier Canyon Creek;
• 1.5 acres located along the proposed Main Street; and • 2 acres south of the freeway, east of Stealth Street.
Consistent. The Project proposes a 1.5 acre neighborhood park along Main Street on Parcel N3-B.
P-PF-4: Require developers to provide land or in lieu fees for parks, as governed by the terms of the Quimby Act. Developers of the three park sites as shown on Figure 4-1 shall be required to dedicate land for such purpose and provide park improvements at the time of development.
Consistent. The Project would provide amply parks and open space in addition to paying required park fees in excess of available fee credits for the provision of in-project open space.
P-PF-5: Design new parks to be easily accessible to residents and highly visible from the adjacent streets and surrounding uses.
Consistent. The Project’s substantial proposed open space areas are designed with the residents in mind and are designed to be usable and accessible by the residents and the patrons of the businesses.
P-PF-6: Each new park shall include a variety of amenities such as: benches, pathways, picnic areas, dog stations, children’s play areas, and landscaping.
• The new park located next to Collier Canyon Creek should include a sports field, other compatible uses, and trail amenities. • The new park located along the proposed Main Street shall be scaled appropriately to fit the
surrounding mixed use/commercial context. The new park located along the proposed Main Street
should be designed to accommodate community events, oriented such that residents can view the park,
and provide adequate lighting and on-street parking. Park design shall be consistent with the
standards set-forth in section 8.01.070 of the Livermore Development Code for Urban Parks, as it
exists today or amended in the future.
• The new park located south of the freeway should incorporate Consistent. The Project’s parks, plazas, and town square onsite would include amenities such as benches, pathways, children’s play area, dog stations, picnic areas, and landscaping.
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features that honor the history of
the site and agricultural heritage of the Planning Area.
P-PF-7: Design the new park located next to Collier Canyon Creek to minimize adverse effects resulting from the proximity to the freeway.
• Locate the most active uses in the northern portion of the park. • Provide on-street parking along the southern end of the park.
N/A.
P-PF-8: The final selection of amenities within new public parks shall:
• Involve community outreach and coordination with LARPD; • Utilize low-maintenance vegetation and high quality, durable materials; and
• Minimize long-term operational costs.
Consistent. The Project’s landscaping plans utilize lowmaintenance vegetation and high quality, durable materials to minimize long term operational costs within the Project’s various landscaped areas and landscape features. Pursuant to the Development Agreement, the Project’s park design shall be reviewed by LARPD prior to Occupancy.
P-PF-9: Incorporate a plaza in the Retail Center site as a central gathering place that can accommodate special events, outdoor dining, and pedestrian circulation, consistent with design principles in Chapter 5, Urban Design.
Consistent. The Project proposes two pocket plazas and a town square adjacent to the ground floor commercial spaces and the grocery store/ food hall. These areas can accommodate special events, outdoor dining, and pedestrian circulation, consistent with the design principles in Chapter 5, Urban Design.
P-PF-10: Coordinate with Valley Link and BART on the design of Pocket Plazas at each base of the pedestrian bridge to the station, consistent with open space goals and design principles in Chapter 5, Urban Design. The City of Livermore recommends that the total Consistent. The two proposed pocket plazas are 0.17 and 0.19 acres respectively, and the proposed town square is 0.25 acres.
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size of the plazas not exceed 0.25 acre unless a larger area is necessary for pedestrian circulation purposes.
P-PF-11: Incorporate recreational amenities such as bike parking, Pocket Plazas, children play structures, and dog stations along active frontages in the Neighborhood Core.
Consistent. The proposed open spaces would be located along active frontages and would incorporate bike parking, children play structures, dog stations, and pocket plazas.
P-PF-12: Private developments shall provide on-site common outdoor areas in the form of Pocket Parks or Pocket Plazas (pursuant to Part 8, Civic Space Types, of the Livermore Development Code).
Consistent. The Project is providing two pocket plazas.
P-PF-13: Connect new and existing parks, open spaces, and common areas on private property directly to the trail network or through pedestrian-friendly streets and paseos.
Consistent. The Project is providing sidewalks and pedestrian trails to connect the proposed open spaces.
P-PF-14: Install landscaping and enhance natural habitats to enhance the aesthetic quality and recreational value of trail corridors and other passive open spaces.
Consistent. The Project’s landscaping plans provide ample landscaping around and within the Project Site to enhance the aesthetic quality and recreational value of the trails and the open spaces.
P-PF-15: Designate a 2.5:1 buffer from the toe of all natural (nonchannelized) creeks plus 20 feet, consistent with Zone 7 creek setback criteria. Pedestrian and bicycle trails and associated amenities may be located within this buffer, subject to the trail polices in Chapter 3, Transportation, design standards and guidelines in Chapter 5, Urban Design, and necessary regulatory permits.
N/A.
P-PF-16: Increase the availability of athletic facilities through shared use agreements with Las Positas College and/or K-12 schools in the Planning Area.
N/A.
P-PF-17: Incorporate a consistent theme of wayfinding signage and Neighborhood-identifying features into parks, plazas, and other open spaces, based on the Pedestrian Streetscape palette described in Chapter 5, Urban Design.
Consistent. The Project incorporates consistent themes and design with wayfinding signage and neighborhood-identifying features throughout the Site, including within the onsite parks, plazas, and other open space areas.
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P-PF-18: Require that development projects involving the alteration, relocation, or demolition of historical resources include interpretative signage with historical images and information for residents, employees, and passers-by to learn about the property and its significance. The content of the interpretive signage shall be prepared by a qualified Architectural Historian and graphic design professional.
N/A. The Site is vacant and does not contain historic resources.
P-PF-19: Incorporate elements commemorating Gandolfo Ranch into the park development south of the freeway, east of Stealth Street in order to promote understanding among visitors of the site’s historical significance. The preservation of structures and other character-defining features is strongly encouraged.
N/A.
P-PF-20: Require, prior to issuance of permits for the alteration, relocation, or demolition of a historical resource, that the project sponsor conduct Historic American Buildings Survey (HABS) and Historic American Landscapes Survey (HALS) Level II
documentation. The HABS is a federal preservation program used to document architectural heritage and the HALS is a federal program used to document landscapes.
N/A. The Site is vacant and does not contain historic resources.
G-PF-2: Promote adequate and accessible educational
facilities for Isabel Neighborhood residents.
N/A.
P-PF-21: Work closely with the School District to monitor student enrollment and school facility needs to ensure accommodation of the future student population in Livermore.
Based on the letter received from the School District, existing school capacity is sufficient to accommodate the incremental increase in students generated by the Project
P-PF-22: Work with the School District, LARPD, Livermore Amador Valley Transit Authority (LAVTA), property owners, and developers to create and/or improve safe walking/biking routes to the public schools serving the Isabel Neighborhood.
• Incorporate school access into the Neighborhood’s
Transportation Demand Management program (described in
Chapter 3, Transportation). Strategies to consider include LAVTA public bus, school busing, carpooling programs, Walk/Bike to School Days, a Walking School Bus program, and bicycle trains.
N/A.
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G-PF-3: Maintain Livermore as a safe and livable community. Consistent. The Project is designed with a variety of open space, pedestrian and bicyclist trails and sidewalks, and thoughtfully designed streets and access points. The Project includes a variety of housing options and commercial spaces. The proposed
development would allow residents to work where they live and to enjoy nearby open space facilities that they can access on foot, creating a safe and livable community.
P-PF-23: Ensure that new development in the Planning Area adequately addresses public safety considerations in building design, site planning, and business operations.
Consistent. The Project addresses public safety considerations through building design and site planning. The design ensures that active streets are provided along Main Street, and residential parcels would have relative security where access within their areas would be monitored.
P-PF-24: Work with the LPFD to monitor the need for a new Fire Station if Station #10 needs to be relocated and/or additional equipment is needed to serve the Isabel Neighborhood.
N/A.
P-PF-25: Ensure that LPFD and the Police Department have sufficient staffing to serve all new development and associated population growth in the Isabel Neighborhood.
N/A.
P-PF-26: Coordinate with the Fire Department to incorporate a small police substation, for internal uses only, into another public facility. The facility should be large enough to include an office, break room, restroom, interview room, and storage for equipment and bikes.
N/A.
G-PF-4: Provide materials collection services that are safe, sanitary, environmentally acceptable, efficient, and
affordable.
Consistent. The Project would have onsite refuse collection throughout the Site consistent with state and local solid waste requirements. The Project would work the City’s franchise hauler to encourage recycling, composting, and organic material collection and waste reduction and diversion.
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P-PF-27: Work with residents, businesses, LARPD, and the City’s franchise hauler to exceed the City’s 75 percent waste diversion goal in the Isabel Neighborhood.
• Design new development to make recycling, composting, and organic material collection as convenient as possible for residents, employees, and visitors.
• Reduce the amount of materials that must be processed through implementation of recycling programs, composting, source reduction (such as packaging), purchasing policies, and manufacturing processes.
• Continue to implement educational and outreach programs on available diversion programs and best practices.
• Encourage businesses to participate in the Bay Area’s Green Business Program.
• Support the expansion of organics capacity in Alameda County.
Consistent. The Project would have onsite refuse collection throughout the Site and would work with LARPD and the City’s franchise hauler to encourage recycling, composting, and organic material collection and waste reduction and diversion.
P-PF-28: Continue to work with the current materials collection franchise hauler in the review of development projects to ensure compliance with materials collection requirements.
• Ensure that streets and alleys are designed to allow collection vehicles to make safe, unobstructed turning movements.
• For residential projects that will have wheeled cart service, ensure that streets and alleys are designed to accommodate the placement of carts on the street during collection day. • Periodically update the interior and exterior trash collection standards to reflect current goals, regulations, and best practices, particularly for multi-story buildings in the residential, Office, and Ground floor Retail/Flex areas of the Isabel Neighborhood. • Refer to StopWaste resources such as the Recycling Guidelines for Multi-Family Housing Design.
Consistent. The Project has proposed thoughtful refuse collection locations to ensure refuse collection and recycling areas are appropriately accessible and would not become a nuisance to the businesses and residents onsite.
G-PF-5: Provide sufficient water supplies and facilities to serve new development under the Isabel Neighborhood
Specific Plan.
Consistent. The Project’s projected water usage is within the water supply limits analyzed in 2017 Water Supply Assessment prepared for the INSP’s EIR, which conclude sufficient water supplies exist over a 25-year time horizon from 2017 to serve the full buildout of
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the INSP. As established in the Project’s CEQA Addendum, the Project reduces water usage from the proposed development analyzed for the Site in the original INSP.
P-PF-29: Continue to coordinate with Zone 7 and Cal Water to monitor and plan for the City’s future water needs.
N/A.
P-PF-30: Require new development projects to construct an adequate potable water distribution and sanitary sewer systems and pay applicable fees to construct necessary facilities, as identified under the Isabel Neighborhood Specific Plan and the City’s Capital Improvement Plan.
Consistent. The Project would construct an adequate potable water distribution and sanitary sewer system and pay applicable fees to construct necessary facilities to serve its residents and businesses.
P-PF-31: Connections to the water distribution and sanitary sewer systems should occur concurrently with construction of new roadways to maximize efficiency and minimize disturbance due to construction activity
Consistent. The Project would connect to the water distribution and sanitary sewer system at the time of the construction of its backbone infrastructure.
P-PF-32: Require new development to install water efficient appliances and fixtures such as low-flow faucets and toilets.
Consistent. The Project would install water efficient appliances as required by state Title 24 regulations.
P-PF-33: Require new development to comply with State and City’s mandatory water efficient landscape ordinance (WELO).
Consistent. The Project would install water efficient landscape as required by state and local codes.
P-PF-34: Require new development within the Municipal Water service area to connect to the recycled water system and to use recycled water for landscape irrigation, where economically feasible.
Consistent. The Project would connect to the recycled water system and use recycled water for landscape irrigation for landscaping within public rights of way, as available.
P-PF-35: Allow the use of rainwater harvesting systems, consistent with regional permit requirements
Consistent. The Project would comply with applicable Low Impact Development (LID) standards, which may include requirements to install rainwater harvesting systems and other storm water retention and treatment facilities where needed to meet LID standards.
P-PF-36: Restaurants and other uses that discharge grease into the wastewater treatment system shall be required to reduce impacts through individual or collective pretreatment facilities.
Consistent. The Project would install grease interceptors or other grease capture systems as needed to divert restaurant grease as required by applicable state and local building codes.
G-PF-6: Develop a stormwater drainage system that maintains the health and safety of residents, provides flood control, Consistent. The Project would comply with LID requirements and develop a stormwater drainage system to provide flood control,
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reduces long-term maintenance costs, minimizes pollution, and enhances aesthetic quality.
minimize pollution, reduce long-term maintenance costs, and enhance aesthetic quality.
P-PF-37: Design new streetscape and landscaped areas in the public right-of-way for stormwater management and the efficient use of water through:
• The installation of low-maintenance, drought-resistant plant palettes;
• Use of large retention basins;
• Use of low-flow irrigation systems; and/or
• Use of bioswales and rain gardens in planting areas, curb extensions, and other green infrastructure.
Consistent. The Project’s new streetscape and landscape areas would be designed with low maintenance and drought resistant plants, as well as utilizes bioswales, retention basins, and lowflow irrigation systems, as set forth in the approved Landscape Plans.
P-PF-38: Require new development to incorporate low impact landscape design, such as natural drainage systems and
groundwater recharge features, consistent with stormwater permit requirements.
Consistent. The Project would incorporate low impact landscape designs, as set forth in the approved Landscape Plans.
P-PF-39: Continue to partner with Zone 7 to improve and maintain the flood control system.
N/A.
P-PF-40: Allow stream modifications associated with new development only if necessary to better contain flood flows, restore creek conveyance capacity, enhance groundwater
recharge, stabilize creek beds and banks, control erosion, remove sediment and debris, provide public access for maintenance and emergency vehicles, and/or restore creek natural habitat. • Any stream modifications and flood control structure
improvements shall be done in accordance with the National Flood Insurance Program and Community Rating System Class Standards and appropriate engineering design, resource agency approvals, and current environmental restoration best
management practices.
N/A.
G-PF-7: Facilitate the development and maintenance of all utilities at the appropriate levels of service to accommodate the City’s projected growth.
N/A.
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P-PF-41: Ensure that utilities (i.e., electricity, natural gas, telecommunications, and cable) are available to serve new development in an environmentally responsible, aesthetically acceptable, and safe manner. However, the ultimate responsibility for ensuring that the utilities are available to support new development rests on the sponsor of proposed projects.
Consistent. The Project has reviewed its utility needs with the applicable service providers to ensure capacity to provide adequate service.
P-PF-42: Require new development to place underground all utility distribution lines, including new and existing aboveground utilities located in the abutting street right-of-way (consistent with Section 4.02.090 of the Livermore Development Code as it exists now or is amended in the future).
• The City shall work with PG&E and other public agencies to underground existing overhead utility lines that are not adjacent to a potential development site (i.e., the Change Areas described in Chapter 2, Land Use).
Consistent. The Project occurs within and vacant area and will underground all utility distribution lines.
P-PF-43: Encourage new development to consider and
incorporate telecommunications facilities into the initial building design.
• Industrial and public buildings should be designed to accommodate wireless antennas in a manner that integrates with the architecture.
Consistent. The Project seamlessly incorporates
telecommunication facilities into building design. Any future telecom applications will be required to obtain necessary design review permits from the Community Development Department.
P-PF-44: Support the development of a fiber optic network in and around the Innovation Hub.
N/A.
Environmental Resources & Conservation
G-ENV-1: Ensure that development is compatible with
Livermore Municipal Airport safety zones.
Consistent. The Project would not cause obstruction to the Livermore Municipal Airport as determined based on review with FAA’s Obstruction Evaluation Group of the proposed heights of the proposed buildings. The FAA indicated that the proposed height would not pose a hazard to air navigation or require further analysis. The Project will notify the FAA five days after the construction reaches its greatest height.
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P-ENV-1: Increase resident awareness of their proximity to the Livermore Municipal Airport.
• Provide overflight notifications and avigation easements and Buyer’s Awareness Measures on new residential development within the Airport Influence Area (AIA).
• Send annual reminders to residents that they knowingly purchased property in the AIA.
• Provide information on the City’s website about the APA overlay zone and Airport Land Use Compatibility Plan (ALUCP).
• Proactively advise potential residents who inquire about buying property in the overlay zone that their property will be subject to aircraft noise (via the Permit Center).
Consistent. The Project conditions of approval require avigation easements and airport vicinity notifications for all new residences.
G-ENV-2: Ensure that the Isabel Neighborhood is a pleasant place to live and work by protecting residents, workers, and visitors from noise that affects comfort and health.
N/A.
P-ENV-2: Amend the General Plan to clarify that the Isabel Neighborhood Specific Plan is exempt from Noise Compatibility Guidelines, recognizing that certain existing and future exterior noise sources are higher in the Planning Area.
N/A.
P-ENV-3: In accordance with Title 24 of California Building Code, all residential building spaces must be improved or constructed in such a manner that interior noise levels in any habitable room do not exceed a maximum of 45 dBA with windows closed. If
windows must be closed 100 percent of the time to achieve this standard, a fresh air ventilation system must be utilized.
Consistent. The Project will comply with Title 24 of the California Building Code applicable at the time of permitting.
P-ENV-4: Require residential and other noise sensitive land uses within the 60 dBA or higher contours for freeway or major street noise to complete a noise analysis to verify that the interior noise standard can be met.
Consistent. The Project conditions require acoustical studies prior to Building Permit issuance.
P-ENV-5: Although not anticipated, any noise sensitive land uses within the 60 dBA contour for the airport shall incorporate adequate noise attenuation into the design and site planning of Consistent. The Project conditions require acoustical studies prior to Building Permit issuance.
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the project in order to achieve an interior noise level of not more than 45 dBA CNEL.
P-ENV-6: Recreational facilities within new public parks and common open space areas on private development sites should be located and designed such that ambient noise levels do not exceed 70 dBA CNEL. This guideline does not apply to pedestrian and bicycle trails or private outdoor spaces within developments (refer to Chapter 2, Land Use, for open space definitions).
Consistent. The Project has placed the recreation facilities, parks, and common open space in areas where ambient noise would not exceed 70 dBA CNEL.
P-ENV-7: Reduce vibration impacts associated with construction activities by requiring construction contractors to implement measures to help reduce vibration levels at nearby sensitive receptors. Measures to reduce vibration levels include, but are not limited to, the following:
• Operating heavy equipment as far as practical from residential uses;
• Using smaller bulldozers (operating weight less than 20,000 pounds) when grading must occur within approximately 50 feet of residential uses or other vibration sensitive uses; and • Using quiet pile driving technology (such as predrilling piles, using sonic or vibratory pile drivers, or using more than one pile driver to shorten the total duration of pile driving).
Consistent. The Project is a residential and retail commercial development that would not entail any ongoing vibration impacts.
However, during construction, the Project would comply with the City’s applicable requirements to reduce potential construction vibration impacts.
P-ENV-8: The following limits shall apply to noise-generating land uses, as measured from the property line:
• In residential areas of the Isabel Neighborhood, exterior noise levels may not exceed 65 dBA from 7:00 a.m. to 12:00 a.m or 60 dBA from
12:00 a.m. to 7:00 a.m.
• Along Main Street and in the office, commercial, or business park areas of the Isabel Neighborhood, exterior noise levels may not exceed 75 dBA from 7:00 a.m. to 12:00 a.m. or 65 dBA from 12:00 a.m. to 7:00 a.m.
Consistent. The Project would comply with applicable City noise ordinance requirements.
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P-ENV-9: Require that project applicants for future development in areas where noise is projected to exceed compatibility standards prepare a detailed acoustical analysis of the noise environment and project characteristics. The analysis should determine whether noise insulation or protection features are required to achieve consistency with the applicable exterior and interior noise compatibility standards. The City shall review and approve the acoustical analyses for proposed projects prior to the issuance of building permits or as part of the planning entitlement process. Project applicants shall then be required to implement measures to ensure exterior noise compatibility with the applicable standards, where feasible.
Consistent. The Project is a residential and retail commercial development that would not entail any ongoing substantial noise sources that would exceed applicable compatibility standards.
P-ENV-10: Prohibit Category 1 facilities (according to the FTA guidelines, including research facilities with vibration-sensitive equipment) that use vibration-sensitive equipment that could be affected by Valley Link train vibration in areas located within 600 feet of the Valley Link tracks (noting that 600 feet is the FTA screening distance for Category 1 land uses). These types of facilities shall be allowed within the Planning Area in locations that are more than 600 feet from the Valley Link tracks.
N/A.
G-ENV-3: Minimize exposure of new development, especially residents and other sensitive pollution groups, to air quality hazards.
Consistent. The Project is a residential and retail commercial development that would not entail the use or emissions of hazardous air contaminants. Project construction would comply with the standards and applicable mitigation measures adopted into the INSP EIR.
P-ENV-11: Require new residential projects and other new sensitive receptors such as schools, child day cares, nursing and retirement homes located within 500 feet of I-580 to install indoor air quality equipment, such as high-efficiency particulate air filters (HEPA) filters or equivalent mechanisms to minimize health risks for future residents.
N/A. No childcare center, schools, or nursing and retirement homes are proposed onsite.
EXHIBIT G
EXHIBIT B
2909
P-ENV-12: Require project proponents within identified high risk Overlay Zones surrounding existing hazardous sites, roadways, or TAC sources, to assess health risks at the location in question and to incorporate feasible design-related risk mitigation measures, such as HEPA filters or equivalent indoor air quality equipment mechanisms, as appropriate and determined in consultation with the City.
N/A.
P-ENV-13: Require new large commercial projects to prepare a loading plan aimed to minimize truck idling and reduce diesel particulate emissions related to truck loading.
N/A.
P-ENV-14: Require construction projects to implement the following measures recommended by the BAAQMD, as applicable:
• All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day;
• All haul trucks transporting soil, sand, or other loose material off-site shall be covered;
• All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited; • All vehicle speeds on unpaved roads shall be limited to 15 mph; • All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used;
• Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations). Clear signage shall be provided for construction workers at all access points; • All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be
Consistent. The Project is conditioned to comply with these requirements.
EXHIBIT G
EXHIBIT B
2910
checked by a certified visible emissions evaluator; and • A publicly visible sign with the telephone number and person to contact at the lead agency regarding dust complaints shall be posted. This person shall respond and take corrective action within 48 hours. The Air District’s phone number shall also be visible to ensure compliance with applicable regulations.
P-ENV-15: Require that applicants proposing development of projects within the Planning Area require contractors, as a condition of contract, to reduce construction-related exhaust emissions by ensuring that all off-road equipment greater than 50 horsepower (hp) shall operate on an EPA-approved Tier 4 or newer engine. Exemptions can be made for specialized equipment where Tier 4 engines are not commercially available within 200 miles of the project construction site. The construction contractor must identify these pieces of equipment, document their unavailability from at least two construction equipment rental firms, and ensure that they operate on no less than an EPA-approved Tier 3 engine.
Consistent. The Project is conditioned to comply with these requirements.
EXHIBIT G
EXHIBIT B
2911
P-ENV-16: Require that applicants proposing development of projects within the Planning Area require contractors, as a condition of contract, to reduce construction-related fugitive ROG emissions by ensuring that low-VOC coatings that have a VOC content of 10 grams/liter (g/L) or less be used during construction.
All project applicants shall submit evidence of the use of low-VOC coatings to BAAQMD prior to the start of construction.
Consistent. The Project is conditioned to comply with these requirements.
P-ENV-17: Ensure that all applicants proposing new development projects within the Planning Area require their contractors, as a condition of contract, to reduce construction-related GHG emissions through implementation of the Bay Area Air Quality Management District’s recommended best practices, including but not limited to the following measures (based on BAAQMD’s 2017 CEQA Guidelines):
• Ensuring alternative fueled (e.g. biodiesel, electric) construction vehicles/equipment make up at least 15 percent of the fleet; • Ensuring at least 10 percent of building materials are local building materials (sourced from within 100 miles of the Planning Area); and
• Recycling or reusing at least 50 percent of construction waste or demolition materials.
Consistent. The Project is conditioned to comply with these requirements.
G-ENV-4: Protect and improve the quality of biological
resources and habitat areas.
Consistent. The Project is conditioned to comply with these requirements.
P-ENV-18: Creek setbacks shall be 2.5:1 from the toe of the channel plus 20 feet, consistent with Zone 7 creek setback criteria. New development shall be restricted within the buffer. • Expand the buffer edge in areas where the City determines there is high biological value.
• Where feasible, allow public access in the form of open space or a pedestrian or bicycle trail within the creek edge buffer, and incorporate interpretive signage for educational purposes in public access areas along creeks.
N/A.
EXHIBIT G
EXHIBIT B
2912
P-ENV-19: Promote the healthy growth of trees and minimize the removal of trees within the Isabel Neighborhood through the City’s Tree Protection Ordinance (Section 12.20 of the Livermore Municipal Code).
N/A.
P-ENV-20: Design pedestrian and vehicle bridges over creeks to span the bed and bank of the creek and to avoid placing bridge piers or footings within the creek, within bridge safety limits.
N/A.
P-ENV-21: Require that new development inventory sensitive resources and develop adequate measures to avoid or mitigate impacts for any parcel that may include special-status species habitat with a moderate or greater potential to exist in the Isabel Neighborhood. The inventory must be conducted by an
independent, qualified biologist, and follow guidelines established for federally-listed species. If special-status species are identified, an avoidance strategy must be pursued where feasible.
Consistent. The Project is conditioned to comply with these requirements.
P-ENV-22: Require that project proponents avoid or minimize the introduction or spread of invasive plant species through measures such as the following:
• Cleaning construction equipment and vehicles in a designated wash area prior to entering and exiting the construction site. • Treating small, isolated infestations with eradication methods that have been approved by or developed in conjunction with CDFW and USFWS to prevent or destroy viable plant parts or seeds.
• Minimizing surface disturbance to the greatest extent feasible to complete the work.
• Using native, non-invasive species or non-persistent hybrids in erosion control plantings to stabilize site conditions and prevent invasive plant species from colonizing.
• Using weed free imported erosion control materials (or rice straw) in upland areas.
Consistent. The Project is conditioned to comply with these requirements.
EXHIBIT G
EXHIBIT B
2913
P-ENV-23: Require project proponents to comply with the East Alameda County Conservation Strategy (EACCS). Development activities will either obtain compensatory habitat mitigation through the EACCS, or use the mitigation prescribed in EACCS as a basis for near-term and longer-term mitigation and obtain coverage under separate applicable State and federal permits from CDFW and USFWS. The project proponent will be
responsible for acquiring, funding, monitoring, restoring, enhancing, reporting, and implementing compensatory habitat mitigation and contingency actions per the applicable State and federal permits. In accordance with the EACCS, the project proponent will implement compensatory mitigation for impacts on habitat for the following species under or consistent with EACCS at the corresponding mitigation ratios.
• Vernal pool fairy shrimp—10:1 ratio (mitigation area to impact area) dependent on impact location relative to mitigation location • Callippe silverspot butterfly—5:1 dependent on impact location relative to mitigation location
• California tiger salamander and California red-legged frog—3:1 dependent on impact location relative to mitigation location, or above through coordination with relevant regulatory agency/ies • Burrowing owl—3:1 dependent on impact location relative to mitigation location, or above through coordination with relevant regulatory agency/ies
Consistent. The Project is conditioned to comply with these requirements.
P-ENV-24: Where a biologist has identified areas supporting or potentially supporting sensitive biological resources, require project proponents to prepare and implement a worker
environmental awareness training program prior to equipment staging, grading, or vegetation removal. The training program should be provided to all construction personnel (contractors and subcontractors) and include the following information:
• The need to avoid effects on sensitive biological resources and the importance of protecting habitat;
Complies. The Project would comply with this requirement.
EXHIBIT G
EXHIBIT B
2914
• Penalties for not complying with applicable State and federal laws and permit requirements;
• General restrictions and guidelines to be followed by all construction personnel to reduce or avoid effects on sensitive biological resources during construction;
• The life history and habitat requirements of special-status species potentially occurring in or adjacent to the improvements footprint; and
• The terms and conditions of the Biological Opinions and other applicable permits.
In addition, the training program should educate construction supervisors and managers about invasive plant identification and the importance of controlling and preventing the spread of invasive plant infestations:
P-ENV-25: If any work remains to be completed after the start of the rainy season or during the upland migration periods of protected amphibians (October 15 to June 1), require project proponents or their contractors to install exclusion fencing and erosion control measures prior to any ground disturbance within 50 feet of wetlands and vernal pools to be avoided by construction (where feasible) under the guidance of a City-approved biologist.
The fencing should be installed around the perimeter of vernal pools and other seasonal wetlands and be erected and
maintained under the supervision of the biologist.
Consistent. The Project is conditioned to comply with these requirements.
P-ENV-26: Require that construction within 300 feet of freshwater marsh or streambank habitat take place during the non-breeding season for tricolored blackbirds (September 1 through January 31) to the extent feasible.
N/A.
P-ENV-27: Require that construction and structure
demolition/modification activities be conducted outside of the bird nesting season (February 1 to August 31) to the extent feasible.
Consistent. The Project is conditioned to comply with these requirements.
EXHIBIT G
EXHIBIT B
2915
P-ENV-28: Require project proponents to compensate for tree removal during construction. Prior to the removal of any trees, proponents of projects within the Planning Area shall obtain a tree removal permit, and if necessary, develop a tree avoidance, minimization, and replacement plan in consultation with a certified arborist, the City of Livermore’s Department of Public Works and/or the Community Development Department, and is consistent with the City of Livermore’s Street Tree and Tree Preservation Ordinance Chapter 12.20. Replacement plantings should be native species where practicable. Invasive species (as defined by the California Invasive Plant Council) should not be planted.
N/A
G-ENV-5: Minimize the exposure of new development in the Planning Area to hazardous materials and flooding.
Complies. The Project would comply with this requirement.
P-ENV-29: Require documentation of the site investigation and any required cleanup to be submitted to City staff during the entitlement review process. Remediation and clean-up of any contaminated sites in the Planning Area shall be in accordance with federal and State standards.
N/A
P-ENV-30: Ensure compliance with the City’s Stormwater Master Plan to reduce flooding and stormwater hazards and for
information on site-specific flooding areas.
• Development that falls within potential flooding areas shall design buildings to be at least 12 inches above the potential flooding elevation.
• The City may require a site-specific flooding hazard analysis where the City determines there is moderate to high flooding potential.
Consistent. The Project is conditioned to comply with these requirements.
P-ENV-31: Ensure new projects within the 100-year flood zone are designed to reduce flood risk. In accordance with Municipal Code Chapter 16.12, Flood Control Regulations, strategies include site planning, grading to minimize flood risk, and flood proofing new commercial construction.
N/A
EXHIBIT G
EXHIBIT B
2916
P-ENV-32: If any structure or grading for the Isabel Station parking will alter the floodplain, a floodplain analysis including a conditional letter of map revision and letter of map revision may be required to meet FEMA requirements in the City.
N/A.
P-ENV-33: Require that a final drainage study be prepared for projects in the Planning Area by a registered civil engineer and submitted to the City of Livermore with the initial grading plan check in accordance with City, County, and engineering
standards, prior to issuance of a grading permit. The final study shall identify stormwater runoff quantities (to mitigate the 100- year storm event) from the development of the site and upstream of the site, and shall identify all existing or proposed drainage facilities intended to discharge this runoff. The final study shall include a capacity analysis verifying the adequacy of all facilities to convey runoff to an adequate outfall capable of receiving the stormwater runoff without damage to public or private property. If the receiving facilities are determined to be under capacity, then onsite detention would be considered.
Consistent. The Project is conditioned to comply with these requirements.
P-ENV-34: The 6.4-acre property located at the bend of Airway Boulevard across from the Livermore Municipal Airport is within the floodplain and covered by a Zone 7 Flood Control Easement.
Any development on this parcel cannot hinder the purpose, intent and use of the easement for flood control purpose. Interim uses such as surface parking and temporary sales with no permanent buildings can be considered with approval by City and Zone 7. The large oak tree shall also be preserved in good health as part of any physical change on the property.
N/A.
G-ENV-6: Reduce risks resulting from geologic and seismic hazards.
Consistent. The Project would comply with this requirement through compliance with state and local building code
requirements and engineer recommendations.
P-ENV-35: Ensure continued compliance with City standards and procedures for minimizing risks associated with geology and soils, Consistent. The Project would comply with this requirement through compliance with state and local building code
requirements and engineer recommendations.
EXHIBIT G
EXHIBIT B
2917
including through integration of required geotechnical
investigations into the planning and design of projects.
P-ENV-36: Require development applications to include a preliminary soils report and hydrologic and hydraulic analyses in accordance with the City’s Facility Planning Guidelines, the City’s Scenic Corridor Polices, and the Development Plan Check Manual.
Consistent. The Project would comply with this requirement.
G-ENV-7: Protect and conserve cultural resources within the Planning Area.
Consistent. The Project would comply with this requirement through the implementation of INSP mitigation measures to protect cultural resources.
P-ENV-37: When future individual projects are proposed and require site-specific environmental reviews, require project proponent to retain a professional who meets the Secretary of the Interior’s standards for archaeology to conduct a project-level study of the proposed action. Such studies will include the following:
• Review of the NWIC records search or conduct an updated records search, if necessary;
• Archaeological pedestrian survey of the proposed project area; and
• Formal evaluation to determine NRHP or CRHR eligibility.
In those instances where it has been determined that unique archaeological resources may be impacted, recommended
mitigation measures, including but not limited to, avoidance, preservation in place, and data recovery may be applied.
N/A. The Project Site is vacant.
EXHIBIT G
EXHIBIT B
2918
P-ENV-38: Require that all applicants proposing development projects within the Planning Area retain a qualified paleontologist, as defined by the Society for Vertebrate Paleontology, who is experienced in teaching non-specialists, prior to the start of any excavation, drilling, or pile-driving activities. The qualified paleontologist will train all construction personnel who are involved with earthmoving activities, including the site superintendent, regarding the possibility of encountering fossils, the appearance and types of fossils that are likely to be seen during construction, and proper notification procedures should fossils be encountered. Procedures to be conveyed to workers include halting construction within 50 feet of any potential fossil find and notifying a qualified paleontologist, who will evaluate the significance. The qualified paleontologist will also make periodic visits during earthmoving in high sensitivity sites to verify that workers are following the established procedures.
Consistent. The Project would comply with this requirement through the implementation of INSP mitigation measures for paleontological resources as enforceable conditions of approval.
EXHIBIT G
EXHIBIT B
2919
P-ENV-39: Require development to follow the following steps regarding discovery of paleontological resources:
• If paleontological resources are discovered during earthmoving activities, the construction crew will immediately cease work near the find and notify the project applicant. Construction work in the affected areas will remain stopped or be diverted to allow recovery of fossil remains in a timely manner.
• The project applicant will retain a qualified paleontologist to evaluate the resource and prepare a recovery plan in accordance with Society of Vertebrate Paleontology guidelines. The recovery plan may include a field survey, construction monitoring, sampling and data recovery procedures, museum storage
coordination for any specimen recovered, and a report of findings. • Recommendations in the recovery plan that are determined by the project applicant to be necessary and feasible will be implemented before construction activities can resume at the site where the paleontological resources were discovered.
• The project applicant may be responsible for ensuring that the monitor’s recommendations regarding treatment and reporting are implemented.
• If the remains are of Native American origin:
– The descendants of the deceased Native Americans have made a recommendation to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and any associated grave goods as provided in Public Resources Code Section 5097.98; or – The Native American Heritage Commission was unable to identify a descendant or the descendant failed to make a recommendation within 24 hours after being notified by the commission.
Consistent. The Project would comply with this requirement through the implementation of INSP mitigation measures for paleontological resources as enforceable conditions of approval.
Implementation & Financing Strategies
G-IMP-1: Require property owners to undertake all required infrastructure and public improvements within their properties Consistent. The Project would undertake all required
infrastructure and public improvements within the Site.
EXHIBIT G
EXHIBIT B
2920
P-IMP-1: All development projects are required to construct all proposed public infrastructure identified in this Plan within their property, along their frontage, and off site as may be necessary for public improvements, such as the proposed street network shown on Figure 3-1 in the Plan.
Consistent. The Project would construct all proposed public infrastructures within the Site and along the outward facing street frontages.
G-IMP-2: Develop ongoing funding sources for maintenance of public infrastructure
N/A.
P-IMP-2: Require property owners to participate in Community Facilities Districts as necessary to fund ongoing private maintenance, including capital replacement, of public
infrastructure such as streets, trails, drainage facilities, lighting and landscaping, signage, traffic signals and amenities in the public rights of way, except for Major Streets.
Consistent. The Project would participate in existing applicable Community Facilities Districts and calls for the formation of a new Project-specific CFD.
P-IMP-3: Fund ongoing maintenance of Major Streets out of gas and countywide transportation taxes.
N/A.
G-IMP-3: Facilitate the construction of mixed-use development to support the complete neighborhood vision.
Consistent. The Project proposes a mixed-use development that includes townhomes, flats, ground floor commercial spaces, a grocery store, and ample open space to support the INSP’s complete neighborhood vision for the Site.
P-IMP-4: To encourage future tenants to occupy commercial spaces and facilitate the complete neighborhood vision, mixeduse development shall pay the mixed-use commercial wastewater connection fees at the time of initial construction as identified in the City’s Fee Schedule.
Consistent. The Project would pay any applicable mixed-use commercial wastewater connection fee at the time of initial construction.
G-IMP-4: Monitor and track the Isabel Neighborhood Specific Plan and Valley Link Rail project progress
N/A.
P-IMP-5: The City shall review the progress of the Specific Plan every two years, starting from the date of its adoption. This review shall include an evaluation of the public infrastructure to ensure continued public health and safety.
• The City will monitor the progress of the Valley Link rail project leading up to the anticipated opening in year 2028. In the event that the anticipated opening date of the Valley Link rail project is N/A.
EXHIBIT G
EXHIBIT B
2921
altered, the City has the discretion to require additional environmental analysis for development projects within the Specific Plan area. G-IMP-5: Consider a variety of strategies to meet the Specific Plan goals and requirements
N/A.
P-IMP-6: The City shall modify the Transferable Development Credits In-Lieu Fee Program to establish new multi-family housing rates to facilitate the development of the densities and building types identified within the Specific Plan. The new rates shall apply to developments that build at or above 25 dwelling units per acre and that meet or exceed the target housing unit count by subarea shown in Table 2-6, Performance Measures by Subarea. The new multi-family housing rates shall apply to the Isabel Neighborhood Specific Plan area only.
N/A.
P-IMP-7: The City shall consider a Transferable Development Credits In-Lieu Fee credit program to encourage residential development to meet or exceed the target housing unit count by subarea shown in Table 2-6, Performance Measures by Subarea.
The credit program shall apply to the Isabel Neighborhood Specific Plan area only and take effect upon compliance with Master Planned subareas consistent with P-LU-8.
N/A.
P-IMP-8: For projects over 150 residential units or over 100,000 square feet of commercial or retail space, the project developer is encouraged to consider a Community Workforce and Training Agreement with building trades locals that provides for the local hire of the construction workforce, the use of apprentices enrolled in State of California approved apprentice programs and the payment of area standard wages.
N/A.
EXHIBIT G
EXHIBIT B
2922
P-IMP-9: The City shall consider using a suite of options to fulfill Specific Plan requirements, such as allowing an in-lieu fee payment to meet a standard.
N/A.
EXHIBIT G
EXHIBIT B
2923
Responsible Agency/Department/Party Timing of Verification COL City of Livermore CDFW California Department of Fish & Wildlife TM Prior to approval of tentative tract maps Zone 7 Alameda County Flood Control District – Zone 7 USFWS United States Fish and Wildlife Service FM Prior to approval of final tract maps LARPD Livermore Area Recreation and Park District LVJUSD Livermore Valley Joint Unified School District BP Prior to approval of building and/or grading plans BART Bay Area Rapid Transit District LPC Las Positas College C During construction LAVTA Livermore Amador Valley Transit Agency BAAQMD Bay Area Air Quality Management District PC Post construction/on-going
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SUMMARY OF IMPACT SUMMARY OF MITIGATION MEASURE AGENCY
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VERIFICATION
TIMING OF
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EXHIBIT C
2924
Responsible Agency/Department/Party Timing of Verification COL City of Livermore CDFW California Department of Fish & Wildlife TM Prior to approval of tentative tract maps Zone 7 Alameda County Flood Control District – Zone 7 USFWS United States Fish and Wildlife Service FM Prior to approval of final tract maps LARPD Livermore Area Recreation and Park District LVJUSD Livermore Valley Joint Unified School District BP Prior to approval of building and/or grading plans BART Bay Area Rapid Transit District LPC Las Positas College C During construction LAVTA Livermore Amador Valley Transit Agency BAAQMD Bay Area Air Quality Management District PC Post construction/on-going
SUMMARY OF IMPACT SUMMARY OF MITIGATION MEASURE AGENCY
RESPONSIBLE
FOR
VERIFICATION
TIMING OF
VERIFICATION
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EXHIBIT G EXHIBIT C
2925
Responsible Agency/Department/Party Timing of Verification COL City of Livermore CDFW California Department of Fish & Wildlife TM Prior to approval of tentative tract maps Zone 7 Alameda County Flood Control District – Zone 7 USFWS United States Fish and Wildlife Service FM Prior to approval of final tract maps LARPD Livermore Area Recreation and Park District LVJUSD Livermore Valley Joint Unified School District BP Prior to approval of building and/or grading plans BART Bay Area Rapid Transit District LPC Las Positas College C During construction LAVTA Livermore Amador Valley Transit Agency BAAQMD Bay Area Air Quality Management District PC Post construction/on-going
SUMMARY OF IMPACT SUMMARY OF MITIGATION MEASURE AGENCY
RESPONSIBLE
FOR
VERIFICATION
TIMING OF
VERIFICATION
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EXHIBIT G EXHIBIT C
2926
Responsible Agency/Department/Party Timing of Verification COL City of Livermore CDFW California Department of Fish & Wildlife TM Prior to approval of tentative tract maps Zone 7 Alameda County Flood Control District – Zone 7 USFWS United States Fish and Wildlife Service FM Prior to approval of final tract maps LARPD Livermore Area Recreation and Park District LVJUSD Livermore Valley Joint Unified School District BP Prior to approval of building and/or grading plans BART Bay Area Rapid Transit District LPC Las Positas College C During construction LAVTA Livermore Amador Valley Transit Agency BAAQMD Bay Area Air Quality Management District PC Post construction/on-going
SUMMARY OF IMPACT SUMMARY OF MITIGATION MEASURE AGENCY
RESPONSIBLE
FOR
VERIFICATION
TIMING OF
VERIFICATION
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EXHIBIT G EXHIBIT C
2927
Responsible Agency/Department/Party Timing of Verification COL City of Livermore CDFW California Department of Fish & Wildlife TM Prior to approval of tentative tract maps Zone 7 Alameda County Flood Control District – Zone 7 USFWS United States Fish and Wildlife Service FM Prior to approval of final tract maps LARPD Livermore Area Recreation and Park District LVJUSD Livermore Valley Joint Unified School District BP Prior to approval of building and/or grading plans BART Bay Area Rapid Transit District LPC Las Positas College C During construction LAVTA Livermore Amador Valley Transit Agency BAAQMD Bay Area Air Quality Management District PC Post construction/on-going
SUMMARY OF IMPACT SUMMARY OF MITIGATION MEASURE AGENCY
RESPONSIBLE
FOR
VERIFICATION
TIMING OF
VERIFICATION
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3.3-5 Implementation of the proposed Plan
would expose sensitive receptors to
substantial pollutant concentrations from
new sources of toxic air containments.
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EXHIBIT G EXHIBIT C
2928
Responsible Agency/Department/Party Timing of Verification COL City of Livermore CDFW California Department of Fish & Wildlife TM Prior to approval of tentative tract maps Zone 7 Alameda County Flood Control District – Zone 7 USFWS United States Fish and Wildlife Service FM Prior to approval of final tract maps LARPD Livermore Area Recreation and Park District LVJUSD Livermore Valley Joint Unified School District BP Prior to approval of building and/or grading plans BART Bay Area Rapid Transit District LPC Las Positas College C During construction LAVTA Livermore Amador Valley Transit Agency BAAQMD Bay Area Air Quality Management District PC Post construction/on-going
SUMMARY OF IMPACT SUMMARY OF MITIGATION MEASURE AGENCY
RESPONSIBLE
FOR
VERIFICATION
TIMING OF
VERIFICATION
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EXHIBIT G EXHIBIT C
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Responsible Agency/Department/Party Timing of Verification COL City of Livermore CDFW California Department of Fish & Wildlife TM Prior to approval of tentative tract maps Zone 7 Alameda County Flood Control District – Zone 7 USFWS United States Fish and Wildlife Service FM Prior to approval of final tract maps LARPD Livermore Area Recreation and Park District LVJUSD Livermore Valley Joint Unified School District BP Prior to approval of building and/or grading plans BART Bay Area Rapid Transit District LPC Las Positas College C During construction LAVTA Livermore Amador Valley Transit Agency BAAQMD Bay Area Air Quality Management District PC Post construction/on-going
SUMMARY OF IMPACT SUMMARY OF MITIGATION MEASURE AGENCY
RESPONSIBLE
FOR
VERIFICATION
TIMING OF
VERIFICATION
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3.4-3 Implementation of the proposed Plan
would conflict with an applicable plan,
policy, or regulation adopted for the
purpose of reducing the emissions of
GHGs.
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EXHIBIT G EXHIBIT C
2930
Responsible Agency/Department/Party Timing of Verification COL City of Livermore CDFW California Department of Fish & Wildlife TM Prior to approval of tentative tract maps Zone 7 Alameda County Flood Control District – Zone 7 USFWS United States Fish and Wildlife Service FM Prior to approval of final tract maps LARPD Livermore Area Recreation and Park District LVJUSD Livermore Valley Joint Unified School District BP Prior to approval of building and/or grading plans BART Bay Area Rapid Transit District LPC Las Positas College C During construction LAVTA Livermore Amador Valley Transit Agency BAAQMD Bay Area Air Quality Management District PC Post construction/on-going
SUMMARY OF IMPACT SUMMARY OF MITIGATION MEASURE AGENCY
RESPONSIBLE
FOR
VERIFICATION
TIMING OF
VERIFICATION
ʹͷ
Ǥ
ͶǤ
ͳͷ
ͳͲ
Ǥ
Ǥ ͷǤ ͺͷ
ʹͲͶͲǤ
Ǥ
Ǧ
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ǡ
ǡ
ሻǤ
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ሺሻ
Ǧ
ʹͲ
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Ǥ
ǦͳǤ
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ሺǤǤǡ
ǡ
ǡ
ǤሻǤ
͵ǤǦͳǡ
ͳ
ǦͳǤͷ
ǡǡǡ
348
EXHIBIT G EXHIBIT C
2931
Responsible Agency/Department/Party Timing of Verification COL City of Livermore CDFW California Department of Fish & Wildlife TM Prior to approval of tentative tract maps Zone 7 Alameda County Flood Control District – Zone 7 USFWS United States Fish and Wildlife Service FM Prior to approval of final tract maps LARPD Livermore Area Recreation and Park District LVJUSD Livermore Valley Joint Unified School District BP Prior to approval of building and/or grading plans BART Bay Area Rapid Transit District LPC Las Positas College C During construction LAVTA Livermore Amador Valley Transit Agency BAAQMD Bay Area Air Quality Management District PC Post construction/on-going
SUMMARY OF IMPACT SUMMARY OF MITIGATION MEASURE AGENCY
RESPONSIBLE
FOR
VERIFICATION
TIMING OF
VERIFICATION
ሺǤǤǡǡ
ǡ
ǡሻ
ǣሺሻͷͷͷͲሺǣͲͲǤǤͳͲǣͲͲǤǤሻሺሻͶͷͷͲሺͳͲǣͲͲǤǤǣͲͲǤǤሻǤ ǡ
ǦǦͺǡ
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ǡ
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ǦǦͺǡ
ǡǦǡǡǣ ǡǡ
ǡ
349
EXHIBIT G EXHIBIT C
2932
Responsible Agency/Department/Party Timing of Verification COL City of Livermore CDFW California Department of Fish & Wildlife TM Prior to approval of tentative tract maps Zone 7 Alameda County Flood Control District – Zone 7 USFWS United States Fish and Wildlife Service FM Prior to approval of final tract maps LARPD Livermore Area Recreation and Park District LVJUSD Livermore Valley Joint Unified School District BP Prior to approval of building and/or grading plans BART Bay Area Rapid Transit District LPC Las Positas College C During construction LAVTA Livermore Amador Valley Transit Agency BAAQMD Bay Area Air Quality Management District PC Post construction/on-going
SUMMARY OF IMPACT SUMMARY OF MITIGATION MEASURE AGENCY
RESPONSIBLE
FOR
VERIFICATION
TIMING OF
VERIFICATION
x
ǡ
ͷǣͲͲǤǤͳʹǣͲͲǤͲͳʹǣͲͲǤǤǣͲͲǤǤ x
ǡ
ǡ
ǡ
ͷ ǣͲͲǤǤͳʹǣͲͲǤͷͳʹǣͲͲǤǤǣͲͲǤǤ
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Ȁ
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Ǥ
ǡ ǡ
ǡǡ
350
EXHIBIT G EXHIBIT C
2933
Responsible Agency/Department/Party Timing of Verification COL City of Livermore CDFW California Department of Fish & Wildlife TM Prior to approval of tentative tract maps Zone 7 Alameda County Flood Control District – Zone 7 USFWS United States Fish and Wildlife Service FM Prior to approval of final tract maps LARPD Livermore Area Recreation and Park District LVJUSD Livermore Valley Joint Unified School District BP Prior to approval of building and/or grading plans BART Bay Area Rapid Transit District LPC Las Positas College C During construction LAVTA Livermore Amador Valley Transit Agency BAAQMD Bay Area Air Quality Management District PC Post construction/on-going
SUMMARY OF IMPACT SUMMARY OF MITIGATION MEASURE AGENCY
RESPONSIBLE
FOR
VERIFICATION
TIMING OF
VERIFICATION
ǡ
ǡǡǡǤ
Ǧǡ
ǡǤ
x
Ǥ
x ͺͲ
Ǥ
x ͺͲ
Ǥ
x
Ǥ
x
Ǥ
Ǧ
ǦʹǣǤ
ሺ
ሻ
ሺ ͳ͵ͳሻǤ
ǡ
Ǧ
ሺ
ǡ
ሻ͵ͲͲ
ǦǦǤ
Ǧ
Ǥ
Ǧ ሺ
ǡǡ
351
EXHIBIT G EXHIBIT C
2934
Responsible Agency/Department/Party Timing of Verification COL City of Livermore CDFW California Department of Fish & Wildlife TM Prior to approval of tentative tract maps Zone 7 Alameda County Flood Control District – Zone 7 USFWS United States Fish and Wildlife Service FM Prior to approval of final tract maps LARPD Livermore Area Recreation and Park District LVJUSD Livermore Valley Joint Unified School District BP Prior to approval of building and/or grading plans BART Bay Area Rapid Transit District LPC Las Positas College C During construction LAVTA Livermore Amador Valley Transit Agency BAAQMD Bay Area Air Quality Management District PC Post construction/on-going
SUMMARY OF IMPACT SUMMARY OF MITIGATION MEASURE AGENCY
RESPONSIBLE
FOR
VERIFICATION
TIMING OF
VERIFICATION
ሻ
Ǥ
ǡǦ Ǧ ǡǡǤ ̵
Ǣ
ʹͷͲͷͲǤ
ǡǤ͵ͲͲǯǤ
ͳͷ
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Ǥ
ǡ
ሺǤǤǡǡǡ ሻǤ
Ǥ
ǡ
Ȁ
Ǥ
ǡȀ
ǤȀ
ǡ
352
EXHIBIT G EXHIBIT C
2935
Responsible Agency/Department/Party Timing of Verification COL City of Livermore CDFW California Department of Fish & Wildlife TM Prior to approval of tentative tract maps Zone 7 Alameda County Flood Control District – Zone 7 USFWS United States Fish and Wildlife Service FM Prior to approval of final tract maps LARPD Livermore Area Recreation and Park District LVJUSD Livermore Valley Joint Unified School District BP Prior to approval of building and/or grading plans BART Bay Area Rapid Transit District LPC Las Positas College C During construction LAVTA Livermore Amador Valley Transit Agency BAAQMD Bay Area Air Quality Management District PC Post construction/on-going
SUMMARY OF IMPACT SUMMARY OF MITIGATION MEASURE AGENCY
RESPONSIBLE
FOR
VERIFICATION
TIMING OF
VERIFICATION
ǤǦ
Ǧ͵ǣǤ
Ǧሺͳ ͵ͳሻ
ǡ
Ǥ
Ǧ
ǯ ሺ
ǡʹͲͳʹሻǤ
ǡ
Ǥ
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Ǥ
ͷͲͲ ǡ
Ǥ
ሺ ǡʹͲͳʹሻǤ
Ǥ
ǡ
Ǥ
353
EXHIBIT G EXHIBIT C
2936
Responsible Agency/Department/Party Timing of Verification COL City of Livermore CDFW California Department of Fish & Wildlife TM Prior to approval of tentative tract maps Zone 7 Alameda County Flood Control District – Zone 7 USFWS United States Fish and Wildlife Service FM Prior to approval of final tract maps LARPD Livermore Area Recreation and Park District LVJUSD Livermore Valley Joint Unified School District BP Prior to approval of building and/or grading plans BART Bay Area Rapid Transit District LPC Las Positas College C During construction LAVTA Livermore Amador Valley Transit Agency BAAQMD Bay Area Air Quality Management District PC Post construction/on-going
SUMMARY OF IMPACT SUMMARY OF MITIGATION MEASURE AGENCY
RESPONSIBLE
FOR
VERIFICATION
TIMING OF
VERIFICATION
ǡͲǦǦ
Ǥǡ
ǡ
Ǥ
Ǧ
ǦͶǣ
Ǥ
͵ͲͲ
ሺ ͳ͵ͳሻǡ
Ǥ
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ሺǤǤǡͶͲͲ ǡǡǡሻǡ Ǥ
Ǥ
ǡͷͲǦǦ
Ǧ
Ǧ
354
EXHIBIT G EXHIBIT C
2937
Responsible Agency/Department/Party Timing of Verification COL City of Livermore CDFW California Department of Fish & Wildlife TM Prior to approval of tentative tract maps Zone 7 Alameda County Flood Control District – Zone 7 USFWS United States Fish and Wildlife Service FM Prior to approval of final tract maps LARPD Livermore Area Recreation and Park District LVJUSD Livermore Valley Joint Unified School District BP Prior to approval of building and/or grading plans BART Bay Area Rapid Transit District LPC Las Positas College C During construction LAVTA Livermore Amador Valley Transit Agency BAAQMD Bay Area Air Quality Management District PC Post construction/on-going
SUMMARY OF IMPACT SUMMARY OF MITIGATION MEASURE AGENCY
RESPONSIBLE
FOR
VERIFICATION
TIMING OF
VERIFICATION
Ǥ
Ǥ
Ǥ
Ǧǡ Ǥ
ǤǦ
Ǧǣ
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ǡǡ
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ǡ
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ʹͲͲ
ሺͳͲͲǦሻǡ ሺͳ
͵ͳሻǤ
Ǥ
355
EXHIBIT G EXHIBIT C
2938
Responsible Agency/Department/Party Timing of Verification COL City of Livermore CDFW California Department of Fish & Wildlife TM Prior to approval of tentative tract maps Zone 7 Alameda County Flood Control District – Zone 7 USFWS United States Fish and Wildlife Service FM Prior to approval of final tract maps LARPD Livermore Area Recreation and Park District LVJUSD Livermore Valley Joint Unified School District BP Prior to approval of building and/or grading plans BART Bay Area Rapid Transit District LPC Las Positas College C During construction LAVTA Livermore Amador Valley Transit Agency BAAQMD Bay Area Air Quality Management District PC Post construction/on-going
SUMMARY OF IMPACT SUMMARY OF MITIGATION MEASURE AGENCY
RESPONSIBLE
FOR
VERIFICATION
TIMING OF
VERIFICATION
Ǧ
ǦǣǦ Ǥ
Ȁ ǦሺሻሺͶǦሻ Ǧ Ǧ
ǡ
ǡǡ
Ǥ
ǡǡͷͲͲ ǡǡ
Ǥ
Ǧ
ǦǤ ͵͵Ͳ
Ǥ
Ȁ
Ǥ
ͳ
ͳǡ
ǦǤ Ǧ ǡ
356
EXHIBIT G EXHIBIT C
2939
Responsible Agency/Department/Party Timing of Verification COL City of Livermore CDFW California Department of Fish & Wildlife TM Prior to approval of tentative tract maps Zone 7 Alameda County Flood Control District – Zone 7 USFWS United States Fish and Wildlife Service FM Prior to approval of final tract maps LARPD Livermore Area Recreation and Park District LVJUSD Livermore Valley Joint Unified School District BP Prior to approval of building and/or grading plans BART Bay Area Rapid Transit District LPC Las Positas College C During construction LAVTA Livermore Amador Valley Transit Agency BAAQMD Bay Area Air Quality Management District PC Post construction/on-going
SUMMARY OF IMPACT SUMMARY OF MITIGATION MEASURE AGENCY
RESPONSIBLE
FOR
VERIFICATION
TIMING OF
VERIFICATION
ǡǦǤ
ǡ
Ǥ
Ǧ
ǦͺǣǤ
ǡ
ǡǡሺͶǦሻ ሺ ሻ ͷͲǦǦ Ǥ
Ǧ
Ǧ
Ǥ
Ǥ Ǥ
Ǥ
x
ͳͲͲ
Ǥ
ǡǡ
Ǥ
Ǥ
x
Ǥ
x ǡ Ǥ
357
EXHIBIT G EXHIBIT C
2940
Responsible Agency/Department/Party Timing of Verification COL City of Livermore CDFW California Department of Fish & Wildlife TM Prior to approval of tentative tract maps Zone 7 Alameda County Flood Control District – Zone 7 USFWS United States Fish and Wildlife Service FM Prior to approval of final tract maps LARPD Livermore Area Recreation and Park District LVJUSD Livermore Valley Joint Unified School District BP Prior to approval of building and/or grading plans BART Bay Area Rapid Transit District LPC Las Positas College C During construction LAVTA Livermore Amador Valley Transit Agency BAAQMD Bay Area Air Quality Management District PC Post construction/on-going
SUMMARY OF IMPACT SUMMARY OF MITIGATION MEASURE AGENCY
RESPONSIBLE
FOR
VERIFICATION
TIMING OF
VERIFICATION
x ሺǦǦ
ሻǤ
Ǧ
ǦͻǣǤ
ͳͷ
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x ͳͳͷሺ ሻ
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x
ͳͷ
͵Ͳǡ
ሺǦሻ
Ǥ
x
Ǥ
x
ǡ
ǡ
ͳͷ 358
EXHIBIT G EXHIBIT C
2941
Responsible Agency/Department/Party Timing of Verification COL City of Livermore CDFW California Department of Fish & Wildlife TM Prior to approval of tentative tract maps Zone 7 Alameda County Flood Control District – Zone 7 USFWS United States Fish and Wildlife Service FM Prior to approval of final tract maps LARPD Livermore Area Recreation and Park District LVJUSD Livermore Valley Joint Unified School District BP Prior to approval of building and/or grading plans BART Bay Area Rapid Transit District LPC Las Positas College C During construction LAVTA Livermore Amador Valley Transit Agency BAAQMD Bay Area Air Quality Management District PC Post construction/on-going
SUMMARY OF IMPACT SUMMARY OF MITIGATION MEASURE AGENCY
RESPONSIBLE
FOR
VERIFICATION
TIMING OF
VERIFICATION
Ǥ
x
ǡ
͵ͲͳͷǡǤ ǡ
Ǥǡ Ǥ Ǥ
Ǥ ǡ
Ǥ
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Ȁ
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ǯ ǡ ǡ
Ǥ
ǡ
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ǡǡ
Ǥ
ǡ ǡ
ǡ
359
EXHIBIT G EXHIBIT C
2942
Responsible Agency/Department/Party Timing of Verification COL City of Livermore CDFW California Department of Fish & Wildlife TM Prior to approval of tentative tract maps Zone 7 Alameda County Flood Control District – Zone 7 USFWS United States Fish and Wildlife Service FM Prior to approval of final tract maps LARPD Livermore Area Recreation and Park District LVJUSD Livermore Valley Joint Unified School District BP Prior to approval of building and/or grading plans BART Bay Area Rapid Transit District LPC Las Positas College C During construction LAVTA Livermore Amador Valley Transit Agency BAAQMD Bay Area Air Quality Management District PC Post construction/on-going
SUMMARY OF IMPACT SUMMARY OF MITIGATION MEASURE AGENCY
RESPONSIBLE
FOR
VERIFICATION
TIMING OF
VERIFICATION
Ǥ
Ǥ
Ǥ
Ǧ
ǦͳͳǣǤ
x
ǡ
Ǥ Ǧ
Ǥǡ
ʹǣͳሺǤǤǡ
Ȁ
Ȁ
ͳ
ሻ
ͳǣͳ
ሺ Ǧ
ሻǤ
Ǥ
ͷǡ Ǥ
x
ሺ
ሻ
ǯ
ǡ Ǥ
Ǧ
360
EXHIBIT G EXHIBIT C
2943
Responsible Agency/Department/Party Timing of Verification COL City of Livermore CDFW California Department of Fish & Wildlife TM Prior to approval of tentative tract maps Zone 7 Alameda County Flood Control District – Zone 7 USFWS United States Fish and Wildlife Service FM Prior to approval of final tract maps LARPD Livermore Area Recreation and Park District LVJUSD Livermore Valley Joint Unified School District BP Prior to approval of building and/or grading plans BART Bay Area Rapid Transit District LPC Las Positas College C During construction LAVTA Livermore Amador Valley Transit Agency BAAQMD Bay Area Air Quality Management District PC Post construction/on-going
SUMMARY OF IMPACT SUMMARY OF MITIGATION MEASURE AGENCY
RESPONSIBLE
FOR
VERIFICATION
TIMING OF
VERIFICATION
Ǧ
Ǣǡ
Ǥ
Ǥ
ǡ
Ǥ
Ǥ
Ͳ
ǡͺͲ
ǡͷ
Ǥ
x
ǡ
ǡ
Ǥ
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ሻǡ
Ǥ
ǡ
ǡ
ǡ Ǥ
ǡ
Ǥ
ǡ
ǡǡǡ ǡ
ǡ
ǡ
Ǥ
361
EXHIBIT G EXHIBIT C
2944
Responsible Agency/Department/Party Timing of Verification COL City of Livermore CDFW California Department of Fish & Wildlife TM Prior to approval of tentative tract maps Zone 7 Alameda County Flood Control District – Zone 7 USFWS United States Fish and Wildlife Service FM Prior to approval of final tract maps LARPD Livermore Area Recreation and Park District LVJUSD Livermore Valley Joint Unified School District BP Prior to approval of building and/or grading plans BART Bay Area Rapid Transit District LPC Las Positas College C During construction LAVTA Livermore Amador Valley Transit Agency BAAQMD Bay Area Air Quality Management District PC Post construction/on-going
SUMMARY OF IMPACT SUMMARY OF MITIGATION MEASURE AGENCY
RESPONSIBLE
FOR
VERIFICATION
TIMING OF
VERIFICATION
͵ǤǦ͵
ͶͲͶ
Ǥ
Ǧ
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362
EXHIBIT G EXHIBIT C
2945
Responsible Agency/Department/Party Timing of Verification COL City of Livermore CDFW California Department of Fish & Wildlife TM Prior to approval of tentative tract maps Zone 7 Alameda County Flood Control District – Zone 7 USFWS United States Fish and Wildlife Service FM Prior to approval of final tract maps LARPD Livermore Area Recreation and Park District LVJUSD Livermore Valley Joint Unified School District BP Prior to approval of building and/or grading plans BART Bay Area Rapid Transit District LPC Las Positas College C During construction LAVTA Livermore Amador Valley Transit Agency BAAQMD Bay Area Air Quality Management District PC Post construction/on-going
SUMMARY OF IMPACT SUMMARY OF MITIGATION MEASURE AGENCY
RESPONSIBLE
FOR
VERIFICATION
TIMING OF
VERIFICATION
Ǥ
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x ͺͲ
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x ͺͲ
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x
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x
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363
EXHIBIT G EXHIBIT C
2946
Responsible Agency/Department/Party Timing of Verification COL City of Livermore CDFW California Department of Fish & Wildlife TM Prior to approval of tentative tract maps Zone 7 Alameda County Flood Control District – Zone 7 USFWS United States Fish and Wildlife Service FM Prior to approval of final tract maps LARPD Livermore Area Recreation and Park District LVJUSD Livermore Valley Joint Unified School District BP Prior to approval of building and/or grading plans BART Bay Area Rapid Transit District LPC Las Positas College C During construction LAVTA Livermore Amador Valley Transit Agency BAAQMD Bay Area Air Quality Management District PC Post construction/on-going
SUMMARY OF IMPACT SUMMARY OF MITIGATION MEASURE AGENCY
RESPONSIBLE
FOR
VERIFICATION
TIMING OF
VERIFICATION
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364
EXHIBIT G EXHIBIT C
2947
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EXHIBIT
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EXHIBIT G
2948
CITY COUNCIL STAFF REPORT ITEM NO. 7.1
DATE: July 22, 2024
TO: Honorable Mayor and City Council
FROM: Tina Olson, Administrative Services Director
SUBJECT: Resolution adopting 180-day wait period exception to hire retired annuitant, Nancy Dias, former Human Resources Manager, in accordance with Government Code section 7522.56 of the Public Employees' Retirement Law.
RECOMMENDED ACTION
Staff recommends that the City Council adopt a resolution approving the hiring of retired annuitant, Nancy Dias, former Human Resources Manager, in accordance with Government Code section 7522.56 of the Public Employees' Retirement Law.
SUMMARY
A California Public Employees Retirement System (CalPERS) retiree who returns to employment with a CalPERS agency is referred to as a "retired annuitant." CalPERS requires that retirees serve a 180-day waiting period between their retirement date and their first day of post-retirement employment.
Government Code 7522.56 permits an agency to waive the 180-day waiting period in instances where the retired annuitant is needed to perform work of a limited duration, work on special projects, or to perform work due to work exceeding staff capacity. Human Resources Manager Nancy Dias retired as the Human Resources Manager on April 19, 2024. While the hiring for a new Human Resources Manager is underway, hiring Ms. Dias back as a retired annuitant will provide operational support as well as allow for a cohesive transition for the new Human Resources Manager.
DISCUSSION
In accordance with Government Code section 7522.56 and to ensure continuity of operations, staff recommends that City Council adopt a resolution approving the hiring of retired annuitant, Nancy Dias as a Special Projects Coordinator absent a 180-day waiting period. The Human Resources division currently has multiple, complex projects in progress. Due to current staffing and employee workloads, additional support is needed to move the projects forward. As the former Human Resources Manager, Ms. Dias has the experience, familiarity, and the skill to work on these complex projects with little to no training and allow for continuity of critical operations, whereas if the City were to hire a consultant or other temporary staff, it would take additional staff time to bring them up to speed. Further, when a new 2949
Human Resources Manager is identified, having Ms. Dias as a retired annuitant will allow for training and knowledge transfer to the new Human Resources Manager. Given the volume of high level, complex projects, that the Human Resources Division currently has, Ms. Dias will provide the Division up to an additional 960 hours of operating support as she knows Livermore's processes, systems, and challenges.
The retiree did not receive any retirement related incentive, such as a "golden handshake" or any other incentive to retire. CalPERS rules dictate that compensation paid to retirees cannot be less than the minimum nor exceed the maximum monthly base salary paid to other employees performing comparable duties.
FISCAL AND ADMINISTRATIVE IMPACTS
The Special Projects Coordinator is not a "regular staff position" and there will be no net increase in headcount to make the temporary hire noted above. Retired annuitants are not entitled to any city employment benefits or property rights associated with regular employment. Therefore, the cost of hire is limited to salary only. The fiscal impact to make the temporary hire noted above is approximately $74,500 that will be funded through savings generated by vacant positions in the Human Resources Division.
COMMUNITY PILLAR
5: A City That Works
GOAL
8: Attract, develop, engage, and retain a diverse and highly skilled workforce across the organization.
ATTACHMENTS
1. Resolution
2. Exhibit A - Offer Letter with Enclosures
Prepared by: Kristen Hilton
Acting Human Resource Manager
Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
2950
RESOLUTION NO. ________
IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA A RESOLUTION ADOPTING 180-DAY WAIT PERIOD EXCEPTION TO
HIRE A RETIREE IN ACCORDANCE WITH GOVERNMENT CODE
SECTIONS 7522.56 AND 21224 OF THE PUBLIC EMPLOYEES’
RETIREMENT LAW
WHEREAS, in compliance with Government (Gov.) Code section 7522.56 of the Public Employees’ Retirement Law, the City Council for the City of Livermore must provide CalPERS this certification resolution when hiring a retiree before 180 days has passed since their retirement date; and
WHEREAS, Nancy Dias retired from the City of Livermore in the position of Human Resources Manager, effective April 19, 2024; and
WHEREAS, Gov. Code section 7522.56 requires that post-retirement employment commence no earlier than 180 days after the retirement date, which is October 16, 2024 without this certification resolution; and WHEREAS, Gov. Code section 7522.56 provides that this exception to the 180- day wait period shall not apply if the retiree accepts any retirement-related incentive; and
WHEREAS, the City Council, the City of Livermore, and Nancy Dias, certify that Nancy Dias has not and will not receive a Golden Handshake or any other retirementrelated incentive; and WHEREAS, the City Council for the City of Livermore hereby appoints Nancy Dias as an extra help retired annuitant to perform the duties of a Special Projects Coordinator for the City of Livermore under Gov. Code section 21224, effective August 6, 2024; and
WHEREAS, the entire employment agreement, contract or appointment document between Nancy Dias and the City of Livermore has been reviewed by this body and is attached herein; and
WHEREAS, no matters, issues, terms, or conditions related to this employment and appointment have been or will be placed on a consent calendar; and WHEREAS, the employment shall be limited to 960 hours per fiscal year for all CalPERS employers; and
WHEREAS, the compensation paid to retirees cannot be less than the minimum nor exceed the maximum monthly base salary paid to other employees performing comparable duties, divided by 173.333 to equal the hourly rate; and 2951
RESOLUTION NO. ________
WHEREAS, the maximum base salary for this position is $16,800.01 and the hourly equivalent is $96.92, and the minimum base salary for this position is $13,440.01, and the hourly equivalent is $77.54; and
WHEREAS, the hourly rate paid to Nancy Dias will be $77.54; and WHEREAS, Nancy Dias has not and will not receive any other benefit, incentive, compensation in lieu of benefit or other form of compensation in addition to this hourly pay rate; and
THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that it hereby certifies the nature of the appointment of Nancy Dias as described herein and detailed in the appointment document, attached hereto as Exhibit A, and that this appointment is necessary to fill the critically needed position of Special Projects Coordinator for the City of Livermore by August 6, 2024, because due to current staffing and employee workloads in the Human Resources Division, additional support is needed to move the projects forward. Nancy Dias has the experience, familiarity, and the skill to work on these complex projects. As the City of Livermore prepares to recruit for a new Human Resources Manager, Nancy Dias will help mitigate any service disruptions, allow for continuity of critical operations, and will assist with training and knowledge transfer to the new Human Resources Manager.
On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on July 22, 2024, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Jason R. Alcala
Deborah L. Elam Jason R. Alcala
Acting City Clerk City Attorney
Exhibit A – Conditional Offer Letter (personal information redacted for publication) 2952
[Date to be inserted after the resolution approving the certification is adopted] Nancy Dias
XXXX [Home address redacted from publication]
XXXX
Dear Nancy:
We are pleased to inform you that the City of Livermore is extending an offer of employment to you as a temporary employee in the Human Resources Division of the Administrative Services Department. Your job title will be Special Projects Coordinator. Your first day of employment will be [date to be inserted]. Continued temporary employment is contingent upon the successful completion of the City’s backgrounding process, which includes Livescan fingerprinting and a DMV report. A Human Resources representative will contact you to provide information on scheduling your Livescan fingerprinting appointment.
In accepting this temporary position, you will be paid at the rate of $77.54 per hour and will be subject to changes in your work shift, schedule, or location as the need of the City may require. Your temporary employment is for up to 29 hours per week not to exceed 960 hours in a fiscal year.
Temporary employees are not eligible for benefits and are at-will employees. As per the City of Livermore Personnel Rules & Regulations, at-will employees are defined as an employee who does not have a legal right to continued employment with the City and who therefore may be disciplined or discharged with or without cause and without the right of appeal. All City of Livermore regular job openings are posted on our website: https://www.governmentjobs.com/careers/livermoreca. Interested candidates are encouraged to review the site regularly as new jobs are frequently posted.
Please confirm your acceptance of our job offer by signing this letter and bringing it to the Human Resources Division on your first day of work.
The Federal Immigration Act requires that you provide us with proof of citizenship or authorization to work in the United States. You are required to provide us with this proof within three days of your hire date. Enclosed is a list of acceptable documents for proof of identity and legal ability to work in the United States. You will need to bring these document(s) to Human Resources on the day you begin your employment with the City, and no later than 72 hours after reporting to work at your jobsite.
EXHIBIT A
2953
We welcome you back and wish you every success in your employment with the City of Livermore.
Please contact us if you have any additional questions at (925) 960-4100.
Sincerely,
Tina Olson
Administrative Services Director
__________________________ _______________________
Employee’s Signature Date
Enclosures
1. I-9 Lists of Acceptable Documents
2. Special Projects Coordinator Job Specification
3. Unclassified and Hourly Salary Schedule
EXHIBIT A
2954
LISTS OF ACCEPTABLE DOCUMENTS
All documents containing an expiration date must be unexpired. * Documents extended by the issuing authority are considered unexpired.
Employees may present one selection from List A or a
combination of one selection from List B and one selection from List C.
Examples of many of these documents appear in the Handbook for Employers (M-274).
LIST A
Documents that Establish Both Identity
and Employment Authorization OR
LIST B
Documents that Establish Identity
LIST C
Documents that Establish Employment
Authorization AND
1. U.S. Passport or U.S. Passport Card 1. Driver's license or ID card issued by a State or outlying possession of the United States
provided it contains a photograph or
information such as name, date of birth,
gender, height, eye color, and address
1. A Social Security Account Number card,
unless the card includes one of the following
restrictions:
(1) NOT VALID FOR EMPLOYMENT
(2) VALID FOR WORK ONLY WITH
INS AUTHORIZATION
(3) VALID FOR WORK ONLY WITH
DHS AUTHORIZATION
2. Permanent Resident Card or Alien
Registration Receipt Card (Form I-551)
3. Foreign passport that contains a
temporary I-551 stamp or temporary
I-551 printed notation on a machinereadable immigrant visa
2. ID card issued by federal, state or local
government agencies or entities, provided it
contains a photograph or information such as
name, date of birth, gender, height, eye color,
and address
4. Employment Authorization Document
that contains a photograph (Form I-766) 2. Certification of report of birth issued by the Department of State (Forms DS-1350,
FS-545, FS-240)
3. School ID card with a photograph 5. For an individual temporarily authorized to work for a specific employer because
of his or her status or parole:
a. Foreign passport; and
b. Form I-94 or Form I-94A that has
the following:
(1) The same name as the
passport; and
(2) An endorsement of the
individual's status or parole as
long as that period of
endorsement has not yet
expired and the proposed
employment is not in conflict
with any restrictions or
limitations identified on the form.
4. Voter's registration card 3. Original or certified copy of birth certificate issued by a State, county, municipal
authority, or territory of the United States
bearing an official seal
5. U.S. Military card or draft record
6. Military dependent's ID card
4. Native American tribal document
7. U.S. Coast Guard Merchant Mariner Card
5. U.S. Citizen ID Card (Form I-197) 8. Native American tribal document
6. Identification Card for Use of Resident
Citizen in the United States (Form I-179) 9. Driver's license issued by a Canadian government authority
7. Employment authorization document
issued by the Department of Homeland
Security
For examples, see Section 7 and
Section 13 of the M-274 on
uscis.gov/i-9-central.
The Form I-766, Employment
Authorization Document, is a List A, Item
Number 4. document, not a List C
document.
For persons under age 18 who are
unable to present a document
listed above:
10. School record or report card
6. Passport from the Federated States of
Micronesia (FSM) or the Republic of the
Marshall Islands (RMI) with Form I-94 or
Form I-94A indicating nonimmigrant
admission under the Compact of Free
Association Between the United States
and the FSM or RMI
11. Clinic, doctor, or hospital record
12. Day-care or nursery school record
Acceptable Receipts
May be presented in lieu of a document listed above for a temporary period.
For receipt validity dates, see the M-274.
● Receipt for a replacement of a lost,
stolen, or damaged List A document.
● Form I-94 issued to a lawful
permanent resident that contains an
I-551 stamp and a photograph of the
individual.
● Form I-94 with “RE” notation or
refugee stamp issued to a refugee.
OR Receipt for a replacement of a lost, stolen, or
damaged List B document.
Receipt for a replacement of a lost, stolen, or
damaged List C document.
*Refer to the Employment Authorization Extensions page on I-9 Central for more information.
Form I-9 Edition 08/01/23 Page 2 of 4
EXHIBIT A
2955
SPECIAL PROJECTS COORDINATOR
DEFINITION
This is a temporary classification used for temporary employees who are hired to perform project/program support functions requiring specialized knowledge, skills, and abilities. This classification may not be used for ongoing or repetitive use. Duties will vary widely based on the needs of the department, division, or section.
DISTINGUISHING CHARACTERISTICS
This is a temporary, part-time, at-will position working less than 1,000 hours per fiscal year.
Temporary employment does not include benefits.
SUPERVISION AND TRAINING RECEIVED
Receives direct supervision and direction from assigned supervisory or management staff.
SUPERVISION EXERCISED
None.
EXAMPLES OF IMPORTANT AND ESSENTIAL FUNCTIONS
The following list is designed to be a sample of the required essential functions:
• Completes special projects requiring specialized skills and knowledge. • Prepares reports, memos, and records.
• Gathers records, and/or analyzes data.
• May make oral presentations.
• Interfaces orally and in writing with members of the public, and City employees. • Provides information and assistance to the public.
• Maintains files and records.
• Operates program related equipment.
• Operates general office equipment including word processing, spreadsheet, data base, and other computer applications.
• Performs related work as required.
OTHER
Effectively applies the required knowledge and skills in the daily performance of assigned duties including but not limited to; reads, comprehends, and interprets a variety of City written materials including policies, codes, ordinances, and regulations. Must successfully complete a full background investigation as a condition of employment. May require possession of a valid California Class C Driver’s License and a satisfactory driving record as determined by the City.
EXHIBIT A
2956
DocuSign Envelope ID: 5B9333F0-E87C-42A2-B9AE-39AB9CF5B5DF Class
Code
210
438
240
915
916
917
920
961
956
CITY OF LIVERMORE
UNCLASSIFIED AND HOURLY SALARY SCHEDULE
Classification Salary Range
Department Assistant $16.00 - $26.00 Hourly
Field/Maintenance Aide $16.00 - $26.00 Hourly
Law Clerk $16.00 - $26.00 Hourly
Temporary Librarian $22.00 - $32.00 Hourly
Temporary Library Assistant $20.00 - $30.00 Hourly
Temporary Library Clerk $18.00 - $28.00 Hourly
Library Aide $16.00 - $20.00 Hourly
Police Cadet $16.00 - $26.00 Hourly
Special Projects Coordinator $20.00 - $100.00 Hourly
EXHIBIT A
Effective Date
01/01/24
01/01/24
01/01/24
01/01/24
01/01/24
01/01/24
01/01/24
01/01/24
12/20/21
2957
CITY COUNCIL STAFF REPORT ITEM NO. 10.1
3.1 Livermore Housing Authority annual update presented by Sarah Ramler, Executive Director, Livermore Housing Authority.
Material: PowerPoint Presentation
5.15 Resolution authorizing the execution of Project and Program Grant Agreements with Livermore Pride, Livermore Valley Opera (LVO) and Thomasin Dewhurst Fine Art consistent with the City's Public Art Policy.
Material: Public Comment
5.22 THIS ITEM WAS CONTINUED FROM THE JULY 8, 2024 CITY COUNCIL MEETING.
Resolution accepting the recommendation of the Altamont Landfill Open Space Committee to authorize the City's grant request, finding the acquisition of the Hartford Hills Property is categorically exempt from CEQA, authorizing the City Manager to enter into a Purchase and Sale Agreements for open space land, and appropriating funds from the Dougherty Valley Settlement Agreement account. Location: Hartford Hills Property (82 acres – APNs: 902-9-3-1, 902-9-3-2).
Materials: Public Comment, Memorandum to Community Development Director
6.1 Public Hearing to consider protests related to the non-payment of solid waste, recycling, and organics handling services provided by Livermore Sanitation for collection on the County Assessor tax roll.
Material: PowerPoint Presentation
DATE: July 22, 2024
TO: Honorable Mayor and City Council
FROM: Marianna Marysheva, City Manager
SUBJECT: Supplemental materials received prior to the meeting.
RECOMMENDED ACTION
SUMMARY
These materials were posted online and made available to the public at the same time that they were distributed to the City Council.
2958
6.2 Hearing to consider a request for a Vesting Tentative Tract Map, Site Plan Design Review, Development Agreement, Consistency Determination, Conditional Use Permit, Master Sign Program Amendment, and Development Code amendment to develop vacant land located southwest of the Portola Avenue and Isabel Avenue intersection with for-sale residential townhome and condominium units and for-rent apartments with mixed commercial and office uses and a public park and public plazas, known as Isabel Crossing.
Materials: PowerPoint Presentation, Applicant Presentation, Public Comment
7.1 Resolution adopting 180-day wait period exception to hire retired annuitant, Nancy Dias, former Human Resources Manager, in accordance with Government Code section 7522.56 of the Public Employees' Retirement Law.
Material: PowerPoint Presentation
8.0 Council Committee Reports and Matters Initiated by City Manager, City Attorney, Staff, and Council Members
Material: Council Reports
DISCUSSION
ATTACHMENTS
1. Supplemental Materials
Prepared by: Helena Graves
Deputy City Clerk
Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
2959
Item 3.1
PowerPoint Presentation
2960
Item 3.1
PowerPoint Presentation
2961
Item 3.1
PowerPoint Presentation
2962
1 Helena Graves
From: Ronald Ybarra
Sent: Monday, July 22, 2024 11:52 AM
To: City Clerk
Subject: Public Comment for 07-22-2024 Meeting Tonight
Categories: Helena
Exercise Caution: This message is from outside the City email system. Do not open links or attachments from untrusted sources.
This is regarding Agenda Item 5.15, Item 1. As a taxpayer in the city of Livermore, I oppose any funding for any drag queens, or drag queen story hours. I have nothing against drag queens, but no funding should be permitted towards adult entertainment. This drag queen activity may be considered to be "art" by some, but it is wholly inappropriate to be presented to anyone under the age of 18.
Sincerely,
Ron Ybarra
Item 5.15
Public Comment
2963
1 Helena Graves
From: City of Livermore govAccess CMS Site <[email protected]> Sent: Monday, July 22, 2024 11:58 AM
To: City Clerk
Subject: OBJECTION to Item 5.15 - Agenda 7/22 - Liveremore Pride from Livermore, CA Categories: Helena
Exercise Caution: This message is from outside the City email system. Do not open links or attachments from untrusted sources.
Message submitted from the <Livermore, CA> website.
Site Visitor Name: Kristen Del Rio
Site Visitor Email:
Dear City Council Members,
I strongly encourage a vote against these fund allocations for item 5.15 Livermore Pride. There are many other programs that are in need of additional funds to support our Livermore community values. I have seen other cities that have supported similar funding allocations and I do not feel that these programs are appropriate which has led to unnecessary exposure to our impressionable youths. I don't feel that this is healthy, nor a good source of tax payer dollars. Let these programs be funded privately, should they need support.
Item 5.15
Public Comment
2964
INTEROFFICE MEMORANDUM
Date: July 22, 2024
To: Brent Smith, Community Development Director
From: Jason R. Alcala, City Attorney
Subject: Dougherty Valley Settlement Agreement, Expenditure of Funds Effect of Citizens for Balanced Growth’s Refusal to Meet-and-Confer This memorandum provides information about the requirements in the Dougherty Valley Settlement Agreement for the expenditure of funds and the effect of Citizens for Balanced Growth’s refusal to meet-and-confer.
Dougherty Valley Settlement Agreement.
The Dougherty Valley Settlement Agreement (DVSA) dated November 2, 1999, is an agreement settling water litigation involving the Dougherty Valley Specific Plan that was approved by Contra Costa County. A copy of the agreement is attached.
The settlement agreement resulted in a fund to be used by the Livermore City Council to purchase permanent easements or fee title to land for conservation or agricultural preservation purposes.1 The DVSA expressly states that the settlement funds are to be used “exclusively for the purchase from willing sellers.”2 . The current DVSA fund balance is approximately $5,028,960.
Expenditure of Funds.
The DVSA provides that prior to expending its funds the Livermore City Council will receive recommendations from City staff concerning proposed acquisitions.3 The DVSA also provides that “city staff will meet-and-confer with [Citizens for Balanced Growth] prior to formulating its recommendations for acquisitions.”4 If the recommendations by City staff differ from those preferred by Citizens for Balanced Growth, then “the staff report to the City Council shall specify and explain the differences.”5 The City Council must then place 1 DVSA, section 6.a.
2 Ibid.
3 DVSA, section 6.d.
4 Ibid.
5 Ibid.
Item 5.22
City Attorney Memorandum
2965
July 22, 2024
the acquisition on a City Council meeting agenda for public discussion before deciding whether to expend DVSA funds for an acquisition.
Attempts to Meet and Confer.
City staff has attempted to meet-and-confer with Citizens for Balanced Growth since December 2023 to discuss staff recommendations for open space acquisitions using DVSA funds. Citizens for Balanced Growth has rebuffed those requests, and unilaterally imposed new conditions on the meet-and-confer. It has also demanded documentation not previously required prior to meeting. City staff produced the requested documents within the City’s control and attempted to work through the new conditions, but Citizens for Balanced Growth has not yet met with staff. A brief timeline of those efforts is set forth in the staff report for agenda item 5.22 identified in the agenda for the City Council meeting on July 22, 2024.
As a result of Citizens for Balanced Growth refusal to meet, City staff sent the attached letter dated April 9, 2024, stating that in the absence of the meet-and-confer, the staff report would state that Citizens for Balanced Growth did not support staff’s recommendations.
Citizens for Balanced Growth’s Decision to Not Meet-and-Confer.
On July 8, 2024, a representative from Citizens for Balanced Growth objected to the City’s consideration of the staff recommendation to use DVSA funds to acquire the Hartford Property because staff had not met-and-conferred with them. In addition, on July 19, 2024, legal counsel for Citizens for Balanced Growth sent the attached letter to the Mayor and City Council wherein they confirm staff’s outreach and their refusal to meet. The letter attempts to justify Citizen for Balanced Growth’s failure to accept staff’ offer to meet-and-confer, and asserts the City breached the agreement. Their position is that the Council’s action is illegal and exposes the City to litigation since City staff had not met-and-conferred with them. The position of Citizens for Balanced Growth is wrong.
The meet-and-confer requirement in the DVSA is a condition precedent to the City Council’s consideration of staff’s recommendation. However, its purpose is to provide Citizens for Balance Growth with an opportunity to evaluate staff’s recommendation and to express its own preference. Citizens for Balanced Growth was afforded the opportunity to meet-and-confer with staff over a period of several months. But it was Citizens for Balanced Growth who failed to meet-and-confer with the City. In addition, Citizens for Balanced Growth has attempted to impose new rules for the meet-and-confer that were not previously utilized. That behavior suggests to staff that Citizens for Balanced Growth is not interested in a meet-and-confer to review and comment on staff’s recommendation, and instead is attempting to delay open space acquisitions.
Item 5.22
City Attorney Memorandum
2966
July 22, 2024
It is important to note that the DVSA does not provide a remedy if a party declines to meet-and-confer. However, contract law provides that Citizens for Balanced Growth cannot prevent the City Council from acting when Citizens for Balanced Growth is the one who failed to perform.6 Here, it is Citizens for Balanced Growth’s own departure from the terms-and-conditions in the DVSA, and their unilateral attempt to change the usual rules for a meet-and-confer, that prevented the meeting from taking place. The party complaining of breach cannot pursue a remedy when it was the one who failed to act.7
Therefore, the application of contract law to these facts will most likely find that Citizens for Balanced Growth has either breached the agreement or waived the condition.
Regardless of the conclusion at law, they have not been prejudiced since they declined the opportunity afforded them to express their preference, and to the extent they want to comment on staff’s recommendation, they have also appeared before the City Council and declined to express their preference in response to staff’s recommendation. Citizens for Balanced Growth’s refusal to meet-and-confer does not affect the City Council’s ability to consider and approve the use of DVSA funds to acquire otherwise eligible property.
The City Council can proceed. If litigation is filed, the City Attorney’s Office is prepared to meet with your staff within the attorney-client privilege to evaluate the City’s response.
Future Meet-and-Confers
Please note the request that legal counsel representing Citizens for Balanced Growth that all future communications to meet-and-confer be through them from this point forward. I will share that the legal counsel has expressed a willingness to meet, so I encourage your staff to follow up and schedule that meeting to discuss future acquisitions that contemplate utilizing DVSA funding.
encl.
1. Dougherty Valley Settlement Agreement
2. Letter to Citizens for Balanced Growth, dated April 9, 2024.
3. Letter from Citizens for Balanced Growth, dated July 19, 2024 cc: Marianna Marysheva, City Manager
6 California Jurisprudence 3d, Contracts § 325 Performance of Conditions, § 355 Act or omission, or breach by, adverse party as excuse for nonperformance, generally (“Performance is excused when prevented or rendered impossible by the acts of the opposite party.”); See also, Taylor v. Sapritch, (1940) 38 Cal.App.2d 478.
7 California Jurisprudence 3d, Contracts § 326 Performance as a condition to recovery from other party.
Item 5.22
City Attorney Memorandum
2967
Item 5.22
City Attorney Memorandum
2968
Item 5.22
City Attorney Memorandum
2969
Item 5.22
City Attorney Memorandum
2970
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City Attorney Memorandum
2971
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City Attorney Memorandum
2972
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City Attorney Memorandum
2973
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City Attorney Memorandum
2974
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City Attorney Memorandum
2975
Item 5.22
City Attorney Memorandum
2976
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City Attorney Memorandum
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City Attorney Memorandum
2978
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City Attorney Memorandum
2979
Item 5.22
City Attorney Memorandum
2980
Item 5.22
City Attorney Memorandum
2981
Item 5.22
City Attorney Memorandum
2982
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City Attorney Memorandum
2983
Item 5.22
City Attorney Memorandum
2984
Item 5.22
City Attorney Memorandum
2985
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City Attorney Memorandum
2986
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City Attorney Memorandum
2987
Item 5.22
City Attorney Memorandum
2988
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City Attorney Memorandum
2989
Item 5.22
City Attorney Memorandum
2990
Item 5.22
City Attorney Memorandum
2991
Item 5.22
City Attorney Memorandum
2992
Item 5.22
City Attorney Memorandum
2993
Item 5.22
City Attorney Memorandum
2994
Item 5.22
City Attorney Memorandum
2995
Item 5.22
City Attorney Memorandum
2996
Item 5.22
City Attorney Memorandum
2997
Item 5.22
City Attorney Memorandum
2998
Item 5.22
City Attorney Memorandum
2999
Item 5.22
City Attorney Memorandum
3000
Item 5.22
City Attorney Memorandum
3001
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City Attorney Memorandum
3002
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City Attorney Memorandum
3003
Item 5.22
City Attorney Memorandum
3004
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City Attorney Memorandum
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City Attorney Memorandum
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City Attorney Memorandum
3007
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City Attorney Memorandum
3008
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City Attorney Memorandum
3009
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City Attorney Memorandum
3010
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City Attorney Memorandum
3011
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City Attorney Memorandum
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Item 5.22
City Attorney Memorandum
3013
Item 5.22
City Attorney Memorandum
3014
Item 5.22
City Attorney Memorandum
3015
Item 5.22
City Attorney Memorandum
3016
Item 5.22
City Attorney Memorandum
3017
Item 5.22
City Attorney Memorandum
3018
From: Stephen Riley
To: Doug Mann; MIchael Ferrucci
Cc: Paul Spence; Jason Alcala; Sukhamrit Purewal
Subject: Re: Citizens for Balanced Growth
Date: Tuesday, April 9, 2024 1:09:31 PM
Attachments: CBG Letter 4-9-24.pdf
Outlook-y50c1l5v.png
Hi Doug and Michael,
Please see my attached letter regarding the urgency for City staff to meet with Citizens for Balanced Growth (CBG) to confer on the use of Dougherty Valley Settlement Agreement open space funds. City staff will confer with CBG on the four properties listed in the letter. We have sent you information on the properties. In addition, all four were presented and discussed at the two Altamont Landfill Open Space Committee (ALOSC) meetings that Doug attended (and recorded) in February and March.
Also, I want to remind you that City staff reached out to both Native American organizations you requested. Sogorea Te' Land Trust responded via e-mail on March 19th and stated: "Thanks for reaching out about this. With the recent Rematriation of the West Berkeley Shellmound and the ongoing work at all of our other land sites, we currently do not have the capacity to explore these opportunities in Livermore. If there is an opportunity for us to plug in at a later date, please do not hesitate to let us know.
Thank you."
City staff also met with the Confederation of Ohlone People, and they are interested in further discussing partnerships with the City, but they do not have any funds at this time to buy land in the Livermore area.
Finally, as you heard at the ALOSC meetings, the Garaventa Hills landowners have said three different times in writing they are not willing to sell their land to the City.
Thanks and I look forward to hearing from you.
Steve
Stephen Riley
Acting Planning Manager
Community Development
City of Livermore
(925) 960-4461
[email protected]
www.cityoflivermore.net
From: Doug Mann <[email protected]>
Sent: Sunday, March 24, 2024 6:24 PM
To: Stephen Riley <[email protected]>
Subject: Re: Citizens for Balanced Growth
Exercise Caution: This message is from outside the City email system. Do not open links or attachments from untrusted sources.
Steve,
Sorry for the delay in responding. We are fashioning a response which will include information requests and it’s taking longer than any of us would like. Wednesday is not feasible, but I hope to have our reply by Tuesday or Wednesday. Thanks for your patience. -Doug
On Mar 24, 2024, at 3:06 PM, Stephen Riley <[email protected]> wrote:
Hi Doug and Michael,
I just want to check again if you can make this scheduled meeting between City staff and the Citizens for Balanced Growth representatives. Last week, I sent you an outlook meeting request for this Wednesday March 27, from 3:30 to 5 pm (see below). We can meet in person or on Teams, whichever works for you. Please let me know. Thanks
Steve
Stephen Riley
Acting Planning Manager
Community Development
City of Livermore
(925) 960-4461
[email protected]
www.cityoflivermore.net
<Outlook-wi040fox.png>
From: Stephen Riley <[email protected]>
Sent: Monday, March 18, 2024 10:28 PM
Item 5.22
City Attorney Memorandum
3019
To: Andy Ross <[email protected]>; [email protected] <[email protected]>; MIchael Ferrucci Subject: Citizens for Balanced Growth
When: Wednesday, March 27, 2024 3:30 PM-5:00 PM.
Where: Riesling Conference Room (1052 S. Livermore Avenue, Livermore, California 94550) Hi Doug and Michael,
City staff wants to meet and confer with the CBG on the open space acquisitions recently heard by the Altamont Landfill Open Space Committee. We can either meet in person at City Hall or on Teams. Either is ok with us. We can meet later if necessary. Thanks.
Steve Riley, Acting Planning Manager
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________________________________________________________________________________ Doug Mann
Secretary, Citizens for Balanced Growth
925 449-8147
citizensforbalancedgrowth.org
youtube.com/@citizensforbalancedgrowth
Item 5.22
City Attorney Memorandum
3020
Item 5.22
City Attorney Memorandum
April 9, 2024
Doug Mann
LIVE��lw.
On behalf of Citizens for Balanced Growth
Sent via Email to: [email protected]
Michael Ferruci
On behalf of Citizens for Balanced Growth
Sent via Email to:
RE: Dougherty Valley Settlement Fund Recommendation
Acquisition of Open Space Properties
Buyer: City of Livermore
Messrs. Mann and Ferruci on behalf of Citizens for Balances Growth, This letter is a final request to meet-and-confer with Citizens for Balanced Growth regarding the recommendation being formulated by City staff to the Livermore City Council regarding the expenditure of Dougherty Valley settlements funds for acquisition of the following properties for conservation preservation purposes ( collectively known as the "Properties"):
• Garaventa Hills property - 32 acres (APN 099B-53-0-1) • Hartford Hills Property - 82 acres (APNs: 902-9-3-1 and 902-9-3-2) • Altamont Hills Property (formerly called the Cross property)- 32 acres (APN: 99B5680-4) • Greenville Road Property-125.5 acres (APN: 99B-5685-12) As you are aware, the Agreement to Settle Water Litigation dated November 2, 1999, and commonly known as the Dougherty Valley Settlement Agreement, contains the following clause in section 6(d)(i) for the expenditure of funds realized from the settlement:
"City staff will meet and confer with [Citizens for Balanced Growth] prior to formulating its recommendations for acquisitions."
City staff has made numerous attempts to meet-and-confer with Citizens for Balanced Growth concerning the recommendations being prepared by City staff to the City Council regarding the expenditure of settlement funds for acquisition of the Properties by the City of Livermore for conservation preservation purposes. Those requests were City Hall 1052 South Livermore Avenue· Livermore, CA 94550 www.cityoflivennore.net 3021
Item 5.22
City Attorney Memorandum
Dougherty Valley Settlement Fund Recommendation
April 9, 2024
made in December, January, February, and March, but Citizens for Balanced Growth has not met with City staff.
Even though Citizens for Balanced Growth deviated from past practices and rebuffed requests to meet-and-confer by requesting information not previously requested for prior meet-and-confers and inserting new demands that the City identify the buyer before meeting, City staff provided the requested information and advised that the recommendation is based upon the City being the buyer.
It appears that Citizens for Balanced Growth is reluctant to meet because it does not support the expenditure of Dougherty Valley Settlement funds for the City's acquisition of the Properties for conservation preservation purposes. It may also be that Citizens for Balanced Growth is attempting to delay staff's recommendation concerning the proposed acquisitions.
Mr. Mann has expressed his personal opinion, at both the Livermore City Council meeting on February 26, 2024, and the Altamont Open Space Committee meeting on February 16 and March 15, 2024, that he does not support the City's acquisition of the Properties. However, he has not met-and-conferred with City staff on behalf of Citizens for Balanced Growth.
City staff proposes the following dates and times to meet-and-confer with Citizens for Balanced Growth about the staff recommendation being formulated to the Livermore City Council regarding the expenditure of Dougherty Valley settlements funds for the City's acquisition of the Properties:
Date: Thursday, April 18, 2024
Time: 4-5 pm or later if necessary
Location: Teams call or City Hall
Date: Tuesday, April 23, 2024
Time: 5-6 pm or later if necessary
Location: Teams call or City Hall
Date: Wednesday, April 24,2024
Time: 5-6 pm or later if necessary
Location: Teams call or City Hall
City staff is prepared to meet after hours if needed and can also meet at a publicly accessible location other than City Hall if that works better for both of you. 3022
Item 5.22
City Attorney Memorandum
Dougherty Valley Settlement Fund Recommendation
April 9,2024
In the event Citizens for Balanced Growth does not meet-and-confer with City staff by April 24, 2024, staff will then formulate its recommendation to the City Council consistent with the Dougherty Valley Settlement Agreement with the following as the preferred recommendation by Citizens for Balanced Growth:
"Citizens for Balanced Growth does not support the expenditure of Dougherty Valley settlement funds for the City of Livermore to acquire the following Propert.ies:
• Garaventa Hills property - 32 acres (APN 099B-53-0-1) • Hartford Hills Property- 82 acres (APNs: 902-9-3-1 and 902-9-3-2) • Altamont Hills Property (formerly called the Cross property)-32 acres (APN: 99B5680-4) • Greenville Road Property-125.5 acres (APN: 998-5685-12)" I am be reached at (925) 960-4461 or via e-mail at [email protected]. Please contact me to accept one of the proposed dates to meet-and-confer or to identify a date-and-time that will occur before April 24, 2024, that works for Citizens for Balanced Growth and City staff.
Sincerely,
�pL�
Stephen Riley
Acting Planning Manager
City of Livermore Planning Division
Cc Paul Spence, Assistant City Manager
Jason Alcala, City Attorney
Kam Purewal, Assistant Planner
3023
July 19, 2024
By email only
Hon. Mayor John Marchand
Hon. Member Bob Carling
Hon. Member Ben Barrientos
Hon. Member Evan Branning
Hon. Member Brittni Kiick
City of Livermore, City Hall
1052 S. Livermore Ave.
Livermore, CA 1052
[email protected]
[email protected]
RE: Distributions from Dougherty Valley Settlement Fund Dear Mayor Marchand and Members of the Livermore City Council:
This firm represents Citizens for Balanced Growth, a registered non-profit group representing conservation-minded citizens in the Tri-Valley. Founded in 1982, CBG strives to support activities that enhance the quality of life for the residents of Livermore, Pleasanton, Sunol, and Dublin. I understand you wish to meet with CBG regarding the City’s desire to distribute monies from the Dougherty Valley Settlement Fund to potentially fund the purchase of four properties for “conservation preservation purposes,” known as the Garaventa Hills, Hartford Hills, Altamont Hills properties.
As you know, CBG is a beneficiary of the Dougherty Valley Settlement Agreement, which constituted the Dougherty Valley Settlement Fund, a fee-funded account to be used “exclusively for the purchase from willing sellers of permanent easements or fee title for conservation or agricultural purposes.” Agreement, § 6(a). According to the Agreement, “Prior to approving expenditures of funds collected through this fee, the City Council of Livermore will receive recommendations from its staff concerning proposed acquisitions of permanent easements or fee title for conservation or agricultural preservation purposes. City staff will meet JESSICA L. BLOME
2748 Adeline Street, Suite A
Berkeley, CA 94703
Phone: (510) 900-9502
Email: [email protected]
www.greenfirelaw.com
Item 5.22
City Attorney Memorandum
3024
2 and confer with Citizens [for Balanced Growth] prior to formulating its recommendations for acquisitions.” Agreement, § 6(d)(1). Should staff recommendations differ from those preferred by Citizens, “the staff report to the City Council shall specify and explain the differences.” Id.
Importantly, per Section 9(d) of the Agreement, “Each of the Settling Parties shall execute and deliver to the others all such other further instruments and documents as may be reasonably necessary to carry out the terms and provisions of this Agreement and secure to the others the full and complete enjoyment of their respective rights and privileges hereunder.” On July 8, 2024, City Staff brought recommendations for acquisition of some of the properties to City Council for approval, even though it had not:
• met and conferred with CBG;
• formulated its recommendation based on its meet and confer; • considered CBG alternative proposals (if any); or
• explained differences in writing (if any).
Staff’s provision of recommendations to City Council without first complying with the terms of the Dougherty Valley Settlement Agreement constitutes a breach of the Agreement, and because Section 6 represents the benefit of CBG’s bargain, in exchange for which CBG agreed to dismiss its water lawsuit against the City, there can be no doubt that the City’s breach is material in nature. Fortunately, the City Council took no action on July 8, instead postponing its decision to approve or deny Staff’s recommendations to a later date, ostensibly giving Staff more time to meet and confer with CBG per the Agreement.
Unfortunately, CBG has learned that City Staff placed its recommendations back on Council’s agenda for Monday, July 22. On behalf of CBG, please accept this letter as a formal request to comply with the Agreement by meeting and conferring with CBG before Staff makes recommendations to Council for expenditure of Settlement Funds and before Council acts on those recommendations.
I understand that Staff represented to Council that CBG has refused to meet with Staff for “five months,” which Staff accepted as CBG’s rejection of Staff’s proposal. Neither statement is true.
First, Staff first reached out to CBG on December 11, 2023, proposing two dates in midDecember to discuss unspecified acquisitions of “properties” with Settlement Funds. CBG responded four days later indicating that the end of the year was bad timing for CBG. Staff responding by pushing for a meeting in December because “we’re in active negotiations.” CBG requested information about the planned acquisitions to study in advance of the meeting with Staff. Staff refused to provide documentation but vaguely identified two properties in North Livermore. The parties decided to put the meeting off until January when Staff was available but reiterated the importance of Staff providing information about the properties in advance of the meeting.
Item 5.22
City Attorney Memorandum
3025
3 On January 23, 2024, Staff sent a meeting invitation to CBG to take place on January 30.
CBG accepted the invitation. Staff cancelled the meeting on January 26, 2024.
In early February, CBG again asked for information about the properties, and Staff allowed that the City intended to purchase the properties, but nothing more. On February 13, CBG learned that Staff had approached the Altamont Landfill Open Space Committee about using Altamont Landfill Open Space Funds to purchase certain properties for conservation, some of which appeared to overlap with properties in “North Livermore.” CBG at least now had some sense of what the City was planning.
On March 18, the City responded to CBG request for information, admitting that the projects discussed with the Altamont Open Space Committee mirrored those it hoped to discuss with CBG. The City proposed a meeting time on March 27 and directed CBG to review the agenda packet for the meeting with the Altamont Open Space Committee for more information.
CBG immediately responded to explain it would seek additional information and was preparing a list of specific requests. CBG advised that March 27 did not work for CBG.
On April 9, 2024, Staff wrote to CBG, accusing its president of deliberately avoiding a meeting with Staff. The timeline of events related above does not support such an inflammatory accusation. Staff proposed three meeting times in April. CBG responded with a list of specific requests for information, including:
1. Any existing letters of intent for purchase for each of the properties targeted for DVSA funding.
2. Proposed sales contracts for each of the properties targeted for DVSA funding.
3. Purchase agreements and all encumbrance documents for the following properties:
Eddies’ Flat, Farber Property.
4. Plans, in progress or complete, for environmental stewardship in perpetuity for targeted acquisitions.
5. All contact information in the City’s possession for Lisa Quisto.
The City responded with some, but not all, of the information requested and refused to provide certain information and documents altogether later in April. CBG advised Staff that it would need remaining documentation before it could meaningfully meet and confer and fulfill its obligations under the Agreement. Staff did not respond to CBG, and, alongside the public, in advance of the July 8, 2024, CBG reviewed Staff’s recommendations to Council for the first time when Staff posted the council agenda.
CBG does not understand why Staff has acted as if CBG is uncooperative, when Staff refuses to set the parties up for success during this meet and confer process. CBG is and remains willing meet with City staff as soon as it receives all reasonable requests for documents and has had time to analyze the various aspects of the purchases in question. CBG takes its responsibilities under the Agreement seriously and remains committed to the excellent stewardship of the Settlement Fund.
Item 5.22
City Attorney Memorandum
3026
4 With that in mind, in addition to its information and document requests, as re-stated herein, CBG requests an audit of the Settlement Fund. CBG understands this audit may take time, so this is not a pre-condition to meeting over the City’s present desire to purchase properties.
Please direct your communication to CBG regarding this meet and confer through me from this point onward. I hope you will avoid the City’s continuing breach of the Dougherty Valley Settlement Agreement by taking this matter off the agenda until CBG can meaningfully meet and confer with Staff.
Sincerely,
Jessica L. Blome
Greenfire Law, PC
C: Doug Mann, Michael Ferrucci
Jason Alcala, Livermore City Attorney
Item 5.22
City Attorney Memorandum
3027
1 Helena Graves
From: Jessica Blome <[email protected]>
Sent: Friday, July 19, 2024 3:23 PM
To: Livermore City Council; City Clerk
Cc: Jason Alcala; Jason Alcala; Doug Mann; MIchael Ferrucci Subject: Letter on behalf of Citizens for Balanced Growth Attachments: 2024-07-19 Ltr to Livermore DVSA Funds, FINAL.pdf Exercise Caution: This message is from outside the City email system. Do not open links or attachments from untrusted sources.
Dear Mayor and Members of the Livermore City Council,
Please see attached letter sent on behalf of Citizens for Balanced Growth.
Sincerely,
Jessica L. Blome
Greenfire Law, PC
2748 Adeline, Ste. A
Berkeley, CA 94703
Office: (510) 900-9502 ext. 703
Direct: (641) 431-0478
[email protected]
PRIVILEGE AND CONFIDENTIALITY NOTICE
This communication constitutes an electronic communication within the meaning of the Electronic Communications Privacy Act, 18 U.S.C. Section 2510, and its disclosure is strictly limited to the recipient intended by the sender of this message. This transmission, and any attachments, may contain confidential attorneyclient privileged information and attorney work product. If you are not the intended recipient, any disclosure, copying, distribution or use of any of the information contained in or attached to this transmission is STRICTLY PROHIBITED. Please contact me immediately and destroy the original transmission and its attachments without reading or saving in any manner.
Item 5.22
Public Comment
3028
July 19, 2024
By email only
Hon. Mayor John Marchand
Hon. Member Bob Carling
Hon. Member Ben Barrientos
Hon. Member Evan Branning
Hon. Member Brittni Kiick
City of Livermore, City Hall
1052 S. Livermore Ave.
Livermore, CA 1052
[email protected]
[email protected]
RE: Distributions from Dougherty Valley Settlement Fund Dear Mayor Marchand and Members of the Livermore City Council:
This firm represents Citizens for Balanced Growth, a registered non-profit group representing conservation-minded citizens in the Tri-Valley. Founded in 1982, CBG strives to support activities that enhance the quality of life for the residents of Livermore, Pleasanton, Sunol, and Dublin. I understand you wish to meet with CBG regarding the City’s desire to distribute monies from the Dougherty Valley Settlement Fund to potentially fund the purchase of four properties for “conservation preservation purposes,” known as the Garaventa Hills, Hartford Hills, Altamont Hills properties.
As you know, CBG is a beneficiary of the Dougherty Valley Settlement Agreement, which constituted the Dougherty Valley Settlement Fund, a fee-funded account to be used “exclusively for the purchase from willing sellers of permanent easements or fee title for conservation or agricultural purposes.” Agreement, § 6(a). According to the Agreement, “Prior to approving expenditures of funds collected through this fee, the City Council of Livermore will receive recommendations from its staff concerning proposed acquisitions of permanent easements or fee title for conservation or agricultural preservation purposes. City staff will meet JESSICA L. BLOME
2748 Adeline Street, Suite A
Berkeley, CA 94703
Phone: (510) 900-9502
Email: [email protected]
www.greenfirelaw.com
Item 5.22
Public Comment
3029
2 and confer with Citizens [for Balanced Growth] prior to formulating its recommendations for acquisitions.” Agreement, § 6(d)(1). Should staff recommendations differ from those preferred by Citizens, “the staff report to the City Council shall specify and explain the differences.” Id.
Importantly, per Section 9(d) of the Agreement, “Each of the Settling Parties shall execute and deliver to the others all such other further instruments and documents as may be reasonably necessary to carry out the terms and provisions of this Agreement and secure to the others the full and complete enjoyment of their respective rights and privileges hereunder.” On July 8, 2024, City Staff brought recommendations for acquisition of some of the properties to City Council for approval, even though it had not:
• met and conferred with CBG;
• formulated its recommendation based on its meet and confer; • considered CBG alternative proposals (if any); or
• explained differences in writing (if any).
Staff’s provision of recommendations to City Council without first complying with the terms of the Dougherty Valley Settlement Agreement constitutes a breach of the Agreement, and because Section 6 represents the benefit of CBG’s bargain, in exchange for which CBG agreed to dismiss its water lawsuit against the City, there can be no doubt that the City’s breach is material in nature. Fortunately, the City Council took no action on July 8, instead postponing its decision to approve or deny Staff’s recommendations to a later date, ostensibly giving Staff more time to meet and confer with CBG per the Agreement.
Unfortunately, CBG has learned that City Staff placed its recommendations back on Council’s agenda for Monday, July 22. On behalf of CBG, please accept this letter as a formal request to comply with the Agreement by meeting and conferring with CBG before Staff makes recommendations to Council for expenditure of Settlement Funds and before Council acts on those recommendations.
I understand that Staff represented to Council that CBG has refused to meet with Staff for “five months,” which Staff accepted as CBG’s rejection of Staff’s proposal. Neither statement is true.
First, Staff first reached out to CBG on December 11, 2023, proposing two dates in midDecember to discuss unspecified acquisitions of “properties” with Settlement Funds. CBG responded four days later indicating that the end of the year was bad timing for CBG. Staff responding by pushing for a meeting in December because “we’re in active negotiations.” CBG requested information about the planned acquisitions to study in advance of the meeting with Staff. Staff refused to provide documentation but vaguely identified two properties in North Livermore. The parties decided to put the meeting off until January when Staff was available but reiterated the importance of Staff providing information about the properties in advance of the meeting.
Item 5.22
Public Comment
3030
3 On January 23, 2024, Staff sent a meeting invitation to CBG to take place on January 30.
CBG accepted the invitation. Staff cancelled the meeting on January 26, 2024.
In early February, CBG again asked for information about the properties, and Staff allowed that the City intended to purchase the properties, but nothing more. On February 13, CBG learned that Staff had approached the Altamont Landfill Open Space Committee about using Altamont Landfill Open Space Funds to purchase certain properties for conservation, some of which appeared to overlap with properties in “North Livermore.” CBG at least now had some sense of what the City was planning.
On March 18, the City responded to CBG request for information, admitting that the projects discussed with the Altamont Open Space Committee mirrored those it hoped to discuss with CBG. The City proposed a meeting time on March 27 and directed CBG to review the agenda packet for the meeting with the Altamont Open Space Committee for more information.
CBG immediately responded to explain it would seek additional information and was preparing a list of specific requests. CBG advised that March 27 did not work for CBG.
On April 9, 2024, Staff wrote to CBG, accusing its president of deliberately avoiding a meeting with Staff. The timeline of events related above does not support such an inflammatory accusation. Staff proposed three meeting times in April. CBG responded with a list of specific requests for information, including:
1. Any existing letters of intent for purchase for each of the properties targeted for DVSA funding.
2. Proposed sales contracts for each of the properties targeted for DVSA funding.
3. Purchase agreements and all encumbrance documents for the following properties:
Eddies’ Flat, Farber Property.
4. Plans, in progress or complete, for environmental stewardship in perpetuity for targeted acquisitions.
5. All contact information in the City’s possession for Lisa Quisto.
The City responded with some, but not all, of the information requested and refused to provide certain information and documents altogether later in April. CBG advised Staff that it would need remaining documentation before it could meaningfully meet and confer and fulfill its obligations under the Agreement. Staff did not respond to CBG, and, alongside the public, in advance of the July 8, 2024, CBG reviewed Staff’s recommendations to Council for the first time when Staff posted the council agenda.
CBG does not understand why Staff has acted as if CBG is uncooperative, when Staff refuses to set the parties up for success during this meet and confer process. CBG is and remains willing meet with City staff as soon as it receives all reasonable requests for documents and has had time to analyze the various aspects of the purchases in question. CBG takes its responsibilities under the Agreement seriously and remains committed to the excellent stewardship of the Settlement Fund.
Item 5.22
Public Comment
3031
4 With that in mind, in addition to its information and document requests, as re-stated herein, CBG requests an audit of the Settlement Fund. CBG understands this audit may take time, so this is not a pre-condition to meeting over the City’s present desire to purchase properties.
Please direct your communication to CBG regarding this meet and confer through me from this point onward. I hope you will avoid the City’s continuing breach of the Dougherty Valley Settlement Agreement by taking this matter off the agenda until CBG can meaningfully meet and confer with Staff.
Sincerely,
Jessica L. Blome
Greenfire Law, PC
C: Doug Mann, Michael Ferrucci
Jason Alcala, Livermore City Attorney
Item 5.22
Public Comment
3032
Item 6.1
PowerPoint Presentation
3033
Item 6.1
PowerPoint Presentation
3034
Item 6.1
PowerPoint Presentation
3035
Item 6.1
PowerPoint Presentation
3036
1 INSP Core – Isabel Crossing – City Council Hearing
July 22, 2024
Jake Potter, Senior Planner
Jennifer Ackerman, Assistant Planner
Background
1 2
Item 6.2
PowerPoint Presentation
3037
2 Application and Council Actions
Legislative
• Development Agreement (DA) 22-001;
• Specific Plan Amendment (SPPA) 24-001;
• Development Code Amendment (DCA) 24-001;
Quasi-Judicial
• Addendum to the Isabel Neighborhood Specific
Plan Environmental Impact Report
• Subdivision (SUB) 22-008
• Conditional Use Permit (CUP) 24-002
• Site Plan Design Review (SPDR) 24-003
• Master Sign Plan Amendment (MSP) 24-001
• Proposed Master Plan
• Proposed Alternative Affordable Plan
Ministerial
• Requested Density Bonus Waiver and
incentive/concessions
• No Net Loss findings
Negotiated Package Components
Development Agreement
City Benefits
• Public Infrastructure
• Commercial
• Affordable Housing
• Construction Sales Tax
• Financial Contributions
• Public Art
• Public Safety Features
• Architecture and Design
Developer Benefits
• Vested Rights
• Community Facilities District
• Fee Reimbursements/
Credits
Specific Plan/
Development Code
Amendments
State Laws
Design/
Environmental
Review
Land Subdivision
3 4
Item 6.2
PowerPoint Presentation
3038
3 Existing Conditions and Site Plan
Architectural and Landscape Design
5 6
Item 6.2
PowerPoint Presentation
3039
4 Affordable Housing
• Located near
amenities
• Alternative
Affordable
Plan
– 28%
affordable
– Deeper level
of
affordability
• Timing
requirements,
tied to
commercial
development
Specific Plan and Development Code
Amendment
Specific Plan Amendment
• Master Plan Policy
– Allow for averaging of
densities and mixing of uses. • Affordable Policy
– Alternative Affordable Plan
– Increased For-Sale Lower
Income requirement
(7.5%)
• Map Amendment
– No Net Loss
– Surplus of 120 Lower
Income Units
LDC Amendment
• Codify affordable modifications
in Inclusionary Ordinance
7 8
Item 6.2
PowerPoint Presentation
3040
5 State Density Bonus Law
Density Bonus
• Increased
Height
• Reduced
Office Floor
Area Ratio
(FAR)
• Reduced
Commercial
FAR
Planning Commission and Public Outreach
Neighborhood Meeting
• Approximately 50
residents attended
Letters of Support
• 10 letters of support
Planning Commission
• Unanimous
recommendation of
approval
9 10
Item 6.2
PowerPoint Presentation
3041
6 Recommendation
Staff and the Planning Commission recommend the City Council adopt the following resolutions to:
1. Certify/adopt an Addendum to the Isabel Neighborhood Specific Plan Environmental Impact Report, in accordance with the California Environmental Quality Act.
2. Approve Subdivision (SUB) 22-008, Conditional Use Permit (CUP) 24-002, Site Plan Design Review (SPDR) 24-003, Master Sign Plan Amendment (MSP) 24-001; the proposed Master Plan; the Alternative Affordable Plan; the requested Density Bonus Waivers and Incentive/Concessions; and the No Net Loss findings;
3. Approve Development Agreement (DA) 22-001;
4. Approve Specific Plan Amendment (SPPA) 24-001;
5. Approve Development Code Amendment (DCA) 24-001; and
6. Direct the Planning Manager to file a Notice of Determination, in accordance with the provisions of the California Environmental Quality Act, subject to project approval.
11 Item 6.2
PowerPoint Presentation
3042
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&' Item 6.2
Applicant Presentation
3043
1 Helena Graves
From: JULIE HOWARD
Sent: Wednesday, July 17, 2024 12:41 PM
To: City Clerk
Subject: Isabel Crossing - in favor!
Exercise Caution: This message is from outside the City email system. Do not open links or attachments from untrusted sources.
Attn: Livermore City Clerk
We are writing this email to address the Isabel Crossing Project up for consideration this coming Tuesday. We have lived in Livermore over 50 years and have multiple generations also residing here. We are both still full-time employees of Livermore businesses. It is our hope that Livermore will approve the Isabel Crossing Project so that many, many new homes will be developed, enhancing the ability of our fellow employees and families to live here. While the Downtown is thriving, we need housing to support the employees. This project will add to the overall ambiance and livability of Livermore.
Thank you for your consideration,
Julie and John Howard
Item 6.2
Public Comment
3044
1 Helena Graves
From: Lingagoud Memula
Sent: Friday, July 19, 2024 6:43 PM
To: City Clerk
Subject: Isabel Crossing Project
Categories: Helena
Exercise CauƟon: This message is from outside the City email system. Do not open links or aƩachments from untrusted sources.
Dear Livermore City Clerk:
I am a resident of Livermore and a devotee of the Hindu Temple in Livermore.
I support greater housing opportuniƟes for our children and for employees who can work and live in Livermore.
This project adds a lot value to Livermore community.
I support strongly the Isabel Crossing project and ask that you approve the project.
Thank you.
Sent from my iPhone
Goud Memula PhD
Item 6.2
Public Comment
3045
1 Helena Graves
From: Lingagoud Memula
Sent: Friday, July 19, 2024 6:47 PM
To: City Clerk
Subject: Isabel Crossing Development
Categories: Helena
Exercise CauƟon: This message is from outside the City email system. Do not open links or aƩachments from untrusted sources.
Dear Livermore City Clerk:
I am a resident of Livermore and a devotee of the Hindu Temple in Livermore.
I support greater housing opportuniƟes for our children and for employees who can work and live in Livermore.
This project adds a lot value to Livermore community.
I support strongly the Isabel Crossing development and ask that you approve the project.
Thank you.
Sent from my iPhone
Chandrakala Memula
Item 6.2
Public Comment
3046
1 Helena Graves
From: flukifer
Sent: Saturday, July 20, 2024 11:14 AM
To: City Clerk
Subject: Isabel Crossing Project
Categories: Helena
Exercise CauƟon: This message is from outside the City email system. Do not open links or aƩachments from untrusted sources.
Dear Livermore City Clerk:
I am a resident of Livermore and am wriƟng to express my support of the Isabel Crossing Project.
I would like to have greater housing opportuniƟes for our children and for employees who can work and live in Livermore. I believe this project adds a lot of value to Livermore community.
I ask that you approve the project.
Thank you
Jenn Bowman
Item 6.2
Public Comment
3047
1 Helena Graves
From: Drew Felker
Sent: Sunday, July 21, 2024 6:55 PM
To: City Clerk
Subject: Please approve the Isabel Neighborhood Plan
Exercise Caution: This message is from outside the City email system. Do not open links or attachments from untrusted sources.
Hi City Clerk,
I am a livermore resident near the proposed isabel neighborhood. Please approve the plan as is, or with minor changes that will make it the easiest possible way to get approved. The community needs this development.
Sincerely,
Drew Felker
Item 6.2
Public Comment
3048
1 Helena Graves
From: Kristin Memula
Sent: Monday, July 22, 2024 9:04 AM
To: City Clerk
Subject: Housing Project
Categories: Helena
Exercise CauƟon: This message is from outside the City email system. Do not open links or aƩachments from untrusted sources.
Good Morning,
I am a Livermore resident and I support greater housing opportuniƟes for our community members so they can work and live in Livermore. I support the Isabel Crossing project and I ask that you approve the project.
Thank you,
KrisƟn Memula
Item 6.2
Public Comment
3049
Item 7.1
PowerPoint Presentation
3050
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 7/9/2024 Shepherd's Gate
40th Anniversary
Celebration
Presented a Proclamation recognizing their 40th Anniversary and the over 14,000 women and children whom they have helped.
Mayor Marchand 7/10/2024 Alameda County Mayors Conference Business meeting The Conference appointed me to LAFCO and we heard a presentation on sea-level rise resiliency.
Mayor Marchand 7/11/2024
Innovation Tri-Valley - Housing, Infrastructure,
Transportation Committee (ITV H.I.T Committee) Subcommittee meeting Reviewed and made recommendations on proposed positions on upcoming bills for ITV.
Mayor Marchand 7/11/2024 San Joaquin Regional Rail commission Swearing in Was sworn in to serve on the Commission.
Mayor Marchand 7/11/2024 LAFCO (Local Agency Formation Commission Commission meeting Approved the sphere of influence change for SMP (Surface mining permit) 39 and SMP40.
Mayor Marchand 7/12/2024 Innovation Tri-Valley Business meeting Heard updates and a presentation from Topcon.
Mayor Marchand 7/12/2024 City of Livermore Tour
Attended a tour with transit officials from around the County and the staff representatives from Congressman Swalwell and Senator Butler.
Mayor Marchand 7/15/2024 Chamber of Commerce Ribbon-cutting Presented a Certificate of Welcome to Verace Gelato.
Mayor Marchand 7/16/2024 Livermore Morning Rotary Business meeting Attended for the installation of Jill Duerig (Former Zone 7 G.M.) as District Governor.
Mayor Marchand 7/17/2024 City of Livermore Econ. Devel. Ribbon-cutting Pacific Fusion (Inertial Confinement fusion) former LLNL workers.
Mayor Marchand 7/17/2024 City of Livermore Water Resources Retirement Presented a proclamation for retiring staff Steve Aguiar.
Mayor Marchand 7/17/2024 Chamber of Commerce Business mixer Business networking.
Mayor Marchand 7/18/2024 San Joaquin Regional Rail Commission Commission and Special
Commission meetings Received information updates on programing and promotions.
Mayor Marchand 7/20/2024
Shiva Vishnu Hindu Community and Cultural
Center Health fair
Presented a Certificate of Appreciation for hosting a community health fair.
Mayor Marchand 7/21/2024 City of Livermore Celebration of Life Spoke at a Celebration of Life for Friends of the Vineyards founder and SLVSP visionary Barbara Stear.
Item 8.0
Council Reports
3051
Council Member
Date of Meeting or
Event Committee or Organization
Meeting or Event Type
(ex. board meeting or
ribbon cutting)
Vice Mayor Carling 7/17/2024 Pacific Fusion in Fremont Ribbon-cutting Vice Mayor Carling 7/19/2024
Altamont Landfill Open Space Committee
(ALOSC) Board meeting
Item 8.0
Council Reports
3052
CITY COUNCIL STAFF REPORT ITEM NO. 10.2
DATE: July 22, 2024
TO: Honorable Mayor and City Council
FROM: Marianna Marysheva, City Manager
SUBJECT: Supplemental materials received at the meeting.
RECOMMENDED ACTION
SUMMARY
DISCUSSION
ATTACHMENTS
1. Additional Material Received
Prepared by: Helena Graves
Deputy City Clerk
Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
3053
Item Name Comment
5.15) Resolution authorizing the
execution of Project and Program Grant
Agreements with Livermore Pride,
Livermore Valley Opera (LVO) and
Thomasin Dewhurst Fine Art consistent
with the City's Public Art Policy.
Colin Ponce
I support Livermore Pride! Please continue to
support this event and others that celebrate
diversity in our community.
5.15) Resolution authorizing the
execution of Project and Program Grant
Agreements with Livermore Pride,
Livermore Valley Opera (LVO) and
Thomasin Dewhurst Fine Art consistent
with the City's Public Art Policy.
Sally Jones
Independence Day celebrations were supposedly
cancelled due to a potential crowd of 12,000, yet
this event states the crowd is expected to reach
30,000. That indicates the city needs to reevaluate
it's priorities. How are you going to guarantee
municipal codes will not be broken, including public
decency and sexual exploitation of a minor during
the planned entertainment? Overall, not an
appropriate use of taxpayer dollars.
5.15) Resolution authorizing the
execution of Project and Program Grant
Agreements with Livermore Pride,
Livermore Valley Opera (LVO) and
Thomasin Dewhurst Fine Art consistent
with the City's Public Art Policy.
Tara Boyce
Please approve the grant for Pride! This event, along
with Juneteenth, Lunar New Year and others,
celebrates the wonderful patchwork of humans that
makes Livermore the amazing community it is to live
in. Our Pride celebration celebrates the joy within
and around the LGBTQ+ community and is looked
forward to by our family every year!
eComments
3054
Item Name Comment
5.15) Resolution authorizing the
execution of Project and Program Grant
Agreements with Livermore Pride,
Livermore Valley Opera (LVO) and
Thomasin Dewhurst Fine Art consistent
with the City's Public Art Policy.
Carol King
Supporting Livermore Pride through this grant is
crucial in promoting diversity, and community
cohesion. This event not only celebrates and
supports the LGBTQ+ community but also
showcases our city as a welcoming and vibrant
place for all residents and visitors. Approving this
grant will enable us to continue this tradition,
ensuring that our city remains an example of
inclusivity and pride in the future.
5.15) Resolution authorizing the
execution of Project and Program Grant
Agreements with Livermore Pride,
Livermore Valley Opera (LVO) and
Thomasin Dewhurst Fine Art consistent
with the City's Public Art Policy.
Madison Martin
Please approve these grants for these activities and
events. Since it's inception, I have looked forward to
attending the Livermore Pride festival because it is
one of the few pride events accessible to me. Please
continue to support such grants that enable
community building events for our diverse regional
residents.
5.15) Resolution authorizing the
execution of Project and Program Grant
Agreements with Livermore Pride,
Livermore Valley Opera (LVO) and
Thomasin Dewhurst Fine Art consistent
with the City's Public Art Policy.
Trenton Thomsen
I am writing today to urge the Livermore City Council
to approve the arts grant to Livermore Pride. People
come from all across the Tri-Valley for this amazing
event to feel accepted, seen, and uplifted for who
they are. That is what Livermore should support. I
urge you to approve this grant, thank you.
eComments
3055
Item Name Comment
5.15) Resolution authorizing the
execution of Project and Program Grant
Agreements with Livermore Pride,
Livermore Valley Opera (LVO) and
Thomasin Dewhurst Fine Art consistent
with the City's Public Art Policy.
Taylor denBroeder
I fully support the use of the art grant funds for the
Livermore pride event! Pride events are essential for
the LGBTQ+ community and their loved ones to
remind them that they are seen, valued and
protected here! Hosting events such as this serve
as a powerful reminder to the community, year long,
that this city is truly a safe and affirming place!
5.15) Resolution authorizing the
execution of Project and Program Grant
Agreements with Livermore Pride,
Livermore Valley Opera (LVO) and
Thomasin Dewhurst Fine Art consistent
with the City's Public Art Policy.
Steven Drouin
As a Livermore resident, I support inclusive
programming such as Livermore Pride. I, my family,
and friends love attending events that affirm and
celebrate the diversity of our vibrant community.
Please approve grant funds for this event. We are
stronger together.
5.15) Resolution authorizing the
execution of Project and Program Grant
Agreements with Livermore Pride,
Livermore Valley Opera (LVO) and
Thomasin Dewhurst Fine Art consistent
with the City's Public Art Policy.
Nancy denBroeder
A very big YES to support the LGBTQ+ community in
Livermore to receive the grant money for PRIDE
events! Everyone deserves to be seen and heard
and to feel supported and protected! I stand in
support! Thank you!!
5.15) Resolution authorizing the
execution of Project and Program Grant
Agreements with Livermore Pride,
Livermore Valley Opera (LVO) and
Thomasin Dewhurst Fine Art consistent
with the City's Public Art Policy.
Wade Matthews
Support pride events in Livermore by approving the
grant. These kind of events are critical to the
inclusiveness of the community. Rejecting the grant
proposal only serves as regressive policy.
eComments
3056
Item Name Comment
5.15) Resolution authorizing the
execution of Project and Program Grant
Agreements with Livermore Pride,
Livermore Valley Opera (LVO) and
Thomasin Dewhurst Fine Art consistent
with the City's Public Art Policy.
Dawn Matthews
Pride events are so vital to our community; Pride
gatherings are not just about individuals celebrating
their own humanity, but about protesting for the civil
rights of our neighbors, friends, and family whose
sexual orientation or gender identity are under
attack. I strongly encourage the Livermore City
Council to support and allocate this grant money to
help facilitate Pride events in Livermore. These
events and community support of them allow
LGBTQ+ indivuals to feel supported and protected
by their community.
5.15) Resolution authorizing the
execution of Project and Program Grant
Agreements with Livermore Pride,
Livermore Valley Opera (LVO) and
Thomasin Dewhurst Fine Art consistent
with the City's Public Art Policy.
Rachel Brumley
I'm writing in support of the arts grant for Livermore
Pride. The events they put on are important for our
LGBTQ+ youth and adults to be seen, accepted, and
celebrated. We are happy to be a part of a diverse
city like Livermore.
5.15) Resolution authorizing the
execution of Project and Program Grant
Agreements with Livermore Pride,
Livermore Valley Opera (LVO) and
Thomasin Dewhurst Fine Art consistent
with the City's Public Art Policy.
Teresa Gonzalez
I strongly support the Livermore Pride event.
Please, consider granting the grant for this type of
events!
eComments
3057
Item Name Comment
5.15) Resolution authorizing the
execution of Project and Program Grant
Agreements with Livermore Pride,
Livermore Valley Opera (LVO) and
Thomasin Dewhurst Fine Art consistent
with the City's Public Art Policy.
B.J. Reynolds-Koonce
Please approve this grant to support Livermore
Pride. Our family looks forward to attending this
uplifting event every year. In this day and age, it
means a lot to the LGBTQ+ community. Thank you.
5.15) Resolution authorizing the
execution of Project and Program Grant
Agreements with Livermore Pride,
Livermore Valley Opera (LVO) and
Thomasin Dewhurst Fine Art consistent
with the City's Public Art Policy.
Lainie Pascall
I'm writing to urge the City Council to approve the
arts commission grant to Livermore Pride. This is the
ONLY Pride event in the entire Tri-Valley area, and
hundreds of people come to our city to celebrate in
October. Events like this make our LGBTQ+
community feel seen, supported, and uplifted. As a
Livermore resident, I strongly support the City
approving grant funds for this event.
eComments
3058
Item Name Comment
5.15) Resolution authorizing the
execution of Project and Program Grant
Agreements with Livermore Pride,
Livermore Valley Opera (LVO) and
Thomasin Dewhurst Fine Art consistent
with the City's Public Art Policy.
Steven Paradise
Please approve the grant to support Livermore
Pride. This event and the organizations that support
it are essential to the well-being of our LGBTQIA+
youth, family members, friends, and neighbors, so
they know they are seen, supported, included and
loved. These members of our community have a
significantly higher risk of attempted suicide and
self-harm when they do not feel that they belong. I
know that there are queer teenagers and young
adults in Livermore and nearby communities who
often feel that Livermore is often not safe or
accepting of them, and it is imperative that we work
to change that perception and make Livermore a
safe and welcoming community for all people.
eComments
3059
Item Name Comment
5.15) Resolution authorizing the
execution of Project and Program Grant
Agreements with Livermore Pride,
Livermore Valley Opera (LVO) and
Thomasin Dewhurst Fine Art consistent
with the City's Public Art Policy.
Merry Heather Welker-Tartar
This event is extremely important to our community.
We pride ourselves on being an inclusive, accepting,
welcoming city which embraces diversity. This event
is important for the LGBT+ community in order to
feel seen, safe, and celebrated. And it is also
important for the rest of the community in order to
understand our neighbors, to learn from them, and
to show our LGBT+ citizens that they belong here.
Any society will grow ill from pushing the
marginalized into the shadows. A chance to shine
light should not be thrown away. Let's be the city we
say are. Let's be the best Livermore that we can be. I
strongly support approving this grant.
5.15) Resolution authorizing the
execution of Project and Program Grant
Agreements with Livermore Pride,
Livermore Valley Opera (LVO) and
Thomasin Dewhurst Fine Art consistent
with the City's Public Art Policy.
Lindsey Kremmel
I strongly support Livermore Pride. This event is an
important and meaningful community event for
youth, adults, and families. Please approve this
grant.
5.15) Resolution authorizing the
execution of Project and Program Grant
Agreements with Livermore Pride,
Livermore Valley Opera (LVO) and
Thomasin Dewhurst Fine Art consistent
with the City's Public Art Policy.
Katherine Kozioziemski
I strongly support a City Grant being used to support
Pride. It's a wonderful time to celebrate members of
our LGBTQ+ community. Thank you for your
continued support of the arts and LGBTQ+ artists
and community members.
eComments
3060
Item Name Comment
5.15) Resolution authorizing the
execution of Project and Program Grant
Agreements with Livermore Pride,
Livermore Valley Opera (LVO) and
Thomasin Dewhurst Fine Art consistent
with the City's Public Art Policy.
Jennifer Nelson
I support Livermore Pride. It is a wonderful thing for
our community. Please approve the grant.
5.15) Resolution authorizing the
execution of Project and Program Grant
Agreements with Livermore Pride,
Livermore Valley Opera (LVO) and
Thomasin Dewhurst Fine Art consistent
with the City's Public Art Policy.
Carrie McNeil
Strong support. Our family really appreciates and
enjoys Livermore Pride and glad to know city is
providing this support.
5.15) Resolution authorizing the
execution of Project and Program Grant
Agreements with Livermore Pride,
Livermore Valley Opera (LVO) and
Thomasin Dewhurst Fine Art consistent
with the City's Public Art Policy.
Tonya Gonzales-Clenney
I am commenting in support of the grant from
Livermore Pride. Livermore Pride events are so
important for our community because they show our
LGBTQ+ community members and loved ones how
much we support them.
eComments
3061
Item Name Comment
5.18) Resolution establishing fees for a
concealed carry weapons (CCW) permit
and appropriating $15,000 of the fee
revenue to cover the costs to implement
the CCW permit program.
Alan Marling
White-hat cowboys would never carry a concealed
weapon. That's something I would expect more from
a black-hat villain. Even if the motive were purely
self defense, nowadays we have more practical
options that are less lethal. And no, carrying around
guns won't help white hats protect good people from
bad actors; not even armed guards or police have
been able to stop school shooters. For that we need
healthier environments, more counseling, and fewer
automatic rifles.
The weapon itself causes violence. Its presence
brings to mind violent solutions to problems that
could be solved peaceably. Weapons escalate. They
lead to bloody accidents that cannot be reversed.
Unfortunately, the corrupt SCOTUS cares more
about the bottom line of gun-selling corporations
than the lives of Americans. I understand those
Supreme Injustices have made it difficult for
Livermore to protect its citizens from senseless gun
violence, but I urge the council to do all it can.
eComments
3062
Item Name Comment
6.2) Hearing to consider a request for a
Vesting Tentative Tract Map, Site Plan
Design Review, Development
Agreement, Consistency Determination,
Conditional Use Permit, Master Sign
Program Amendment, and Development
Code amendment to develop vacant
land located southwest of the Portola
Avenue and Isabel Avenue intersection
with for-sale residential townhome and
condominium units and for-rent
apartments with mixed commercial and
office uses and a public park and public
plazas, known as Isabel Crossing.Â
Sullivan Figurskey
Housing and community are vital necessities, now
as ever. Especially when they are built for the people
living there, rather than the cars they drive. I
appreciate the dedication that must have been
required to bring this project to light.
I am concerned the changes may have affected the
longevity of the neighborhood. Specifically the
sequestering of VLI and LI housing and the loss of
retail space possibly hindering easy access to basic
services sans automobile. However, I trust that the
City staff understand development limitations
better than I, and this project reassures me that I am
living in a city that is looking forward, rather than in the rear view. Thank you all.
eComments
3063
July 22,2024
Public Forum
Re: Need to start selling GAMI G100Ul/ Support Open Space Buffer betwggn Dublin and Livgrmorg'
Recerv€datrheuwrmorecnycorrnclmeerngd
u 72
Dear City Council Members:
Thank you to the City Manager and the staff for working with the FBO to offer UL 94 at Livermore Airport. Offering UL 94 at Livermore Airport is a small step towards eliminating the impacts of lead aviation pollution on several residential developments, schools, and preschools close to the airport. Unfortunately, UL 94 cannot be used in al! piston engine aircraft.
Clearly, the most important step is for Five Rivers Aviation FBO Pete Sandhu to start selling GAMI G100UL --- an aviation fuel that can be used and or mixed with fuel in any plane or tank. GAM! G100UL is FAA approved, insurable, and can be purchased from a distributor in Fresno by the end of 2024.
Mr. Sandhu says he will offer GAMI G100UL bythe end of 2025.Why delay for a year?
We need to reduce the impacts of leaded aviation fuel to our community as soon as possible.
On another issue, the Dublin City Council voted last week to put an advisory measure on the ballot November Sth that would break the Dublin Urban Growth Boundary and significantly reduce the open space buffer between Dublin and Livermore. The City Council has stated repeatedly it will safeguard this buffer between the two cities. I urge you to continue to protect and preserve the current buffer between the two cities.
Thank you for your time and attention to these issues.
Sincerely,
b.ocuno_ QpJozrnr*_
Donna Cabanne
\
Item 4.0
Public Comment Received
3064
1 Helena Graves
From: Austin Bruckner Carrillo <[email protected]> Sent: Monday, July 22, 2024 2:16 PM
To: John Marchand; Robert Carling; Barrientos, Ben; Evan Branning; Brittni Kiick Cc: City Clerk; [email protected]; [email protected] Subject: ITEM 5.15 Letter or Support
Attachments: LETTER -Livermore Pride - Allocation 7.22.24.pdf Categories: Helena
Exercise Caution: This message is from outside the City email system. Do not open links or attachments from untrusted sources.
Mayor and Council,
Please see the attached letter of support sent on behalf of the Board of Directors of Castro Valley Pride.
In a world full of Joes, Ryans and Lindas, be a Superintendent Molly, Austin Bruckner Carrillo
Castro Valley Pride - President
Email Address: www.castrovalleypride.com
Phone: (510) 401-7391
Item 5.15
Public Comment Received
3065
Item 5.15
Public Comment Received
3066
1 Helena Graves
From: James Lowder
Sent: Monday, July 22, 2024 4:06 PM
To: City Clerk
Subject: Item 5.15
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Under no circumstances should the City of Livermore be providing funds to “Pride” organizaƟons. They, like all other special interest organizaƟons, can raise money through private funds. DO NOT USE PUBLIC MONEY FOR THIS PURPOSE.
In case you’ve not watched what’s happened in Sunol, do not bring a mess into your town.
Sincerely,
James R. Lowder
3067
1 Helena Graves
From: Ryan Jergensen
Sent: Monday, July 22, 2024 5:38 PM
To: City Clerk
Subject: Item 5.15 Project Program and Grant VOTE NO
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Livermore City CouncilPLEASE VOTE AGAINST THIS ITEM
As your immediate neighbor and one who has seen this played it firsthand I strongly recommend that you vote against this item and refuse to get involved with divisive, private, special interest groups. They can raise funds from on their own from those interested, but should not be funded by the taxpayers as it is impossible to represent all views equally and remain neutral when special interest groups are funded.
If you are not familiar with what has happened in nearby Sunol and other communities you should think twice as this becomes extremely divisive. It is extremely difficult to represent all voices in the community when the public government starts picking and choosing special interest groups to elevate.
Please keep Livermore neutral and stay out of divisive politics and divisive agendas.
Ryan Jergensen
Item 5.15
Public Comment Received
3068
1 Helena Graves
From: Alfred Twu
Sent: Monday, July 22, 2024 7:30 PM
To: City Clerk
Subject: In support of Item 5.15, Livermore Pride
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Hi City Councilmembers
I'm writing in support of funding Livermore Pride (Item 5.15). Many other cities have events and they're great showcases for local businesses and community organizations.
Thanks
Alfred
Item 5.15
Public Comment Received
3069
1 Helena Graves
From: Yao Poo Saeteurn
Sent: Monday, July 22, 2024 11:24 PM
To: City Clerk
Subject: Public Art and Livermore Pride
Exercise CauƟon: This message is from outside the City email system. Do not open links or aƩachments from untrusted sources.
Hello Livermore City Council,
I am wriƟng today to express my support for the allocaƟon of grant to Livermore Pride and urge you to vote to do the same. Show your support for inclusion and not exclusion. Let us celebrate differences and joy and love and art. Please do not allow hate to triumph.
Best,
Yao Saeteurn
Item 5.15
Public Comment Received
3070
3071
3072
3073
3074
3075
3076
3077
3078
3079
3080
3081
3082
3083
3084
3085
3086
July 22,2024
Re: ltem 6.2 lsabel Crossing--Environmental lmpact Report Addendum lnadequate
Recehod at ttre tiwrmore Clty Counrftnroetng d
,)L 2D
Dear City Council Members:
The Environmental lmpact Report Addendum prepared by Rincon Consultants concludes that an Environmental lmpact Report Addendum is sufficient for this project. However, this conclusion is contradicted by some of the findings in their report. Further, some of the mitigations proposed would be inadequate to address the environmental impacts of the revised project.
First, air quality impacts are significant and unavoidable. The report does not provide enough information to demonstrate its assumption that toxic air contamination (TAC) exposure can be adequately mitigated with the payment of rnitigation fees to BAAQMD.
Moreover, data on ROG, nitrogen oxide, CO, and particulate matter that can be inhaled into the lungs-- has not been adequately analyzed. The consultants contend that "reduced office space in the proposed lsabel Crossing will lead to a corresponding decrease in emissions sources
such as vehicle trips" but the consultants do not analyze how residential unit occupants may, in fact, increase the number of vehicle trips as compared to occupants of commercial buildings.
The proposed project should not be approved on unproven assumptions lacking sufficient data. CEQA requires adequate data for the public and decision-making bodies to make informed decisions BEFORE project vesting and developer's agreements.
Item 6.2
Public Comment Received
3087
Second, the Environmental lmpact Report Addendum does not provide enough data to determine if state and federally protected wildlife, special species, and habitat corridors will be sufficiently protected.
Has the California Department of Fish and Wildlife and the US Fish and Wildlife Service been contacted to comment on the proposed project of over a thousand housing units and fflb'tiO sq.ft of commercial space? lf not, why not?
Additionally, the Greenhouse Gas Emissions section does not discuss the impacts from adjacent landfills, a Liquid Natura! Gas plant, a waste water facility, and Livermore Airport that all contribute to GHG emissions that are now regulated by new and more stringent standards. Similarly, the impacts of wildfire threats during construction must be further analyzed due to climate change patterns that have created wind velocities in excess of 50 to 60 miles per hour and weeks of excessive heat in the summer.
Noise impacts from the airport do not address the recent addition of flights of small luxury jets that are quieter but not quiet. These residential units will be on the flight plans for arrival at LVK. Noise may not be heard at ground level but the 3 story unit occupants will hear the planes. Were noise studies conducted on site for indoor and outdoor noise decibels for arriving aircraft, especially small luxury jets ?
Equally important, the consultants did not address the leaded air pollution from LVK, an airport that still sells leaded aviation fuel. Why was that information not included in health related air and emissions impacts?
Finally, the cumulative impacts from other known approved projects citywide and projects that are in the planning stages have not been analyzed or even mentioned. The cumulative impacts from air Item 6.2
Public Comment Received
3088
pollution, GHG emissions, transportation, traffic must be further analyzed before a pprovi ng vesti ng, developer's waivers, developer's agreements and the CEQA documentation.
This is a huge project. I urge the City Council to postpone making a decision tonight and receive outside council on the adequacy of the Environmental lmpact Report Addendum.
Sincerely,
Donna Cabanne
member of the Center for Biological Diversity, the Sierra Club, Lead Free Livermore, Unlead LVK.
45 year resident of Livermore
Item 6.2
Public Comment Received
3089