Agenda packet — Livermore City Council, September 9, 2024 (part 3 of 4)

EXHIBIT D

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

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

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

3. Workers’ Compensation and Employer's Liability:

Statutory limits as required by the State of California including $1,000,000 Employers’ Liability per accident, per employee for bodily injury or disease. A waiver of subrogation is required for Workers’ Compensation insurance.

4. Property Insurance:

Total value of all tenant improvements, betterments, and contents.

The City of Livermore shall be named as loss payee as its interest may appear. The insurer shall waive all rights against City.

Deductibles and Self-Insured Retention
Lessee or Lessee’s parent company shall be responsible for payment of all deductibles, self-insured retentions or related costs. In the event that the City has tendered a claim to Lessee, or its insurer, or its insurer has denied coverage to the City, Lessee (in a local office) will make available to the City within fifteen (15) days of the City’s written request to Lessee, a copy of actual, authentic and applicable insurance policies for review (but not for copying, faxing or otherwise reproducing any part of any policy or other insurance correspondence), subject to the City first executing Lessee's standard non-disclosure agreement. The policy review is limited to no more than three days during a consecutive six-month period and must be conducted during Lessee’s normal business hours while the City’s representative is accompanied by a Lessee Risk Management professional. Upon completion of review no copies will be made and all policies will be returned to Lessee’s Corporate Risk Management Department. Failure to exercise this right shall not constitute a waiver of right to exercise later.

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

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

EXHIBIT A
416
Revised 6/27/24 B21 – License/Lease

Page 2 ends

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

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

2. For any claims related to this project, Lessee’s policy shall be primary and non-contributory and will not seek contribution from the City’s insurance or self-insurance and shall be at least as broad as ISO Form CG 20 10 04 13. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City of Livermore before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.

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

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

5. Lessee shall provide at least thirty (30) days' prior written notice by mail to the City of Livermore for cancellation of any required coverage that is not replaced.

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

7. Certificate Holder section of the insurance certificate should read: City of Livermore, 1052 S. Livermore Avenue, Livermore, CA 94550 The City shall not be liable for any consequential loss sustained by Lessee. City shall not be liable for any loss of Lessee’s personal property. Notwithstanding the forgoing, Lessee may, in its sole discretion, self insure any of the required insurance under the same terms as required by this Lease Agreement. In the event Lessee elects to self-insure its obligation under this Lease Agreement to include City as an additional insured, the following conditions apply:

1. City shall promptly and no later than thirty (30) days after notice thereof provide Lessee with written notice of any claim, demand, lawsuit, or the like

EXHIBIT A
417
Revised 6/27/24 B21 – License/Lease

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for which it seeks coverage pursuant to this Section and provide Lessee with copies of any demands, notices, summonses, or legal papers received in connection with such claim, demand, lawsuit, or the like;

2. City shall not settle any such claim, demand, lawsuit, or the like without the prior written consent of Lessee; and

3. City shall fully cooperate with Lessee the defense of the claim, demand, lawsuit, or the like.

Verification of Coverage
Lessee shall furnish certificates of insurance and endorsement(s) or self-insurance letters effecting coverage to the City of Livermore for approval. The endorsements shall be on forms acceptable to the City of Livermore. All certificates and endorsements or self-insurance letters are to be received and approved by the City of Livermore before work commences.

EXHIBIT A
418

TENANT ACKNOWLEDGMENT
A notary public or olhcr olllcsr corrpleting this
ceflificate verifies only thc idcntity of thc
individual who signcd the document to which this
certificatc is attachcd. and not the truthtulness.
accuracy. or validity of that document.

State of Califomia
County of Contra Costa
On Aueust 8. 2024 before nre. M. Murohree. Notary Public (insen name and title of the officer)
personally appeared Michael Guibo
who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the inslrument the person, or the entity upon behalf of which the person acted, executed the instrumenl.

WITNESS my hand and official seal.

S ignat (Seal)
T.
xot ry publi( ^{URPHREE . Gllfornia
Contra Cort! County
Cornhltrion , 2374262
Comh. Erptr6 Sep ,, 2025
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

EXHIBIT A
419

LEASE FOR INSTALLATION OF WIRELESS TELECOMMUNICATIONS FACILTY

THIS LEASE FOR INSTALLATION OF WIRELESS TELECOMMUNICATIONS FACILITY ("Lease Agreement") is made as of this _ day of 2024 ("Elfective Date"), by and among the City of Livermore ("City"), a municipal corporation, having its principal place of business at 1052 South Livermore Avenue, Livermore, CA 94550, and New Cingular Wireless PCS, LLC, a Delaware limited liability company ("Lessee").

Recitals
City is the owner of the property located at 3663 Pacific Avenue, in the City of Livermore, County of Alameda, State of California 94550, and more particularly described in the legal description attached as Attachment "A" ("Property").

On October 22, 2018, the City adopted Ordinan ce no. 2777 (Development Code Amendment 18-005) to regulate the permit processing, location, and design of wireless telecommunications facilities.

On December 13, 2010, the City adopted a policy for leasing City-owned property for wireless telecommunication facilities ("Policy") (Resolution no. 2010-201, Policy Proposal 10- 003) that includes the Property.

The Lessee desires to lease a portion of the Property from the City to install ground equipment communications facility for its wireless telecommunicalions facility to be co-located on an existing Verizon Wireless communication tower. The City desires to lease a portion of the Property to the Lessee for that purpose.

Lessee has executed a Master Lease agreement with Verizon Wireless on September 5, 2022 as amended by the parties pursuant to that certain First Amendment to Master Lease Agreement dated December 13, 2006, by that certain Second Amendment to Master Lease Agreement dated September 18, 2009, by that certain Third Amendment to Master Lease Agreement dated March 1, 2010, and as further amended by that certain Fourth Amendment to Master Lease Agreement dated July 8, 2020 (collectively the "Agreement") to allow the installation of new communications equipment on to the existing Verizon Wireless communication tower.

Lessee in agreeing to co-locate on the Verizon tower is subject to the terms of the lease agreement between the City and Verizon for their tower and ground equipment.

NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties hereby agree as follows:

1. 2. Leased Areas
(a) Description. For and in consideration of the mutual terms, covenants and conditions contained herein, the following areas are leased by Lessee under this Lease Agreement.

Leose fot lnstollotion of Telecommunicotions Equipment-Finol Poge 1 Aoreement
Recitals. The aforementioned recitals are true and correct.

EXHIBIT B
420
(1) Leased Areas: The Leased Areas (as depicted in Attachment B) include areas within the Property, Attachment A consisting of an approximate fifteen foot (15') by twenty foot (20') area containing approximately 300 square feet for Lessee's diesel generator and ground equipment, utility connection lines from ground equipment to proposed Lessee antennas to be installed on an existing Verizon Wireless communication tower, a 2,101 square feet utility access lease area from Pacific Avenue and an approximately 1,042 long, 20 foot wide access route to Lessee's Wireless Telecommunications Facility from South Livermore Avenue as depicted on the Property, Attachment A. These areas shall be collectively referred to in this Lease Agreement depicted in Attachments A & B as the "Leased Areas."
(b)
as follows
Appurtenant Riqhts. The appurtenant rights granted by this Lease Agreement are (1 ) For the duration of this Lease Agreement, including any extensions thereof, Lessee is hereby granted a non-exclusive access over, in, and across the Property's common areas to the Leased Areas for the limited purpose of installing, maintaining, servicing, replacing, and operating Lessee's Wireless Telecommunication Facility as defined in section 3 below.

The right of access is limited to Lessee, its employees, agents and designated representatives, and is expressly conditioned upon Lessee's compliance with all terms and conditions of this Lease Agreement. The right of access does not grant Lessee any right across, over or through any occupied areas on the Property.

The Antennas, Tower and Equipment, and connections between them and to utilities, are collectively referred to as the "Wireless Telecommunication Facility with Ground Equipment" for this Lease Agreement as described below in detail and in Attachment C. (a) Antennas and Tower. Upon approval of project entitlements and building permit, Lessee will have the right to install panel antennas ("Antennas") and related communications equipment and appurtenances (-Equipment"), on a Verizon Wireless communication tower ("Tower") and within the Leased Areas, identified in Attachment "8" for the operation of a telecommunications system.
(b) Eouipment. Upon approval of a building permit, Lessee will have the right to install the equipment within the Leased Areas identified in Attachment "C": PROPOSED

WIRELESS TELECOMMUNICATION FACILITY WITH EQUIPMENT,

4. Term. The initial term of this Lease Agreement shall be for five (5) years ("lnitial Term") commencing on the Effective Date. Lessee shall have the option to extend the term of this Lease Agreement for three (3) additional five (5) year terms after the lnitial Term expires ("Extended Term"). The Extended Term shall be deemed automatically exercised by Lessee without the requirement of delivering a written notice to the City unless Lessee notifies the City in writing no later than ninety (90) calendar days before expiration of the lnitial Term that Lessee elects not lo exercise the option for the Extended Term. lf Lessee is in material default beyond the applicable cure period under this Lease Agreement at the time of exercising its option to extend the Term of this Lease Agreement, the option notice shall be ineffective, and Lessee shall have no right to Leose for lnstdllotion of Telecommunicotions Equipment-Finol Poge 2

3. WirelessTelecommunicationFacilitv:

EXHIBIT B
421
extend the Term beyond the lnitial Term until and unless Lessee cures the applicable material default prior to the commencement of the Extended Term. The Base Rent and any Additional Ground Space Rent for the Extended Term shall increase as set forth in Paragraph 5(c) below.

The lnitial Term and the Extended Term are hereinafter collectively referred to as the "Term".

5. Rent and Deposits
(a) One-Time Lease Execution Charoe. Within 30 days of the Effective Date of this Lease Agreement, Lessee shall pay City the amount of Six Thousand Five-Hundred and No/100 Dollars ($6,500.00) as a one{ime Lease Execution Charge mailed to the City of Livermore, Attention:

Finance Dept. Accounts Receivable, 1052 S. Livermore Avenue, Livermore, CA 94550. (b) Base Rent. Commencing upon the Effective Date, Lessee shall pay City, as rent, the amount of Two Thousand and No/1 00 Dollars ($2.000.00) ("Base Rent") per month. The Lessee shall pay a pro-rata share of the Base Rent in the first month of the Lease Agreement based on the Effective Date. Lessee's flrst Base Rent payment to the City shall be made within ninety (90) days of the Effective Date. Thereafter, Lessee shall pay the Base Rent to the City in advance on the first day of each month during the Term of this Lease Agreement. lf that date falls on a weekend or a legal holiday, the Base Rent is due on the next business day. The payments are to be made to the City and mailed to the City of Livermore, Attention: Finance Dept. Accounts Receivable, 1052 S. Livermore Avenue, Livermore, CA 94550. (c) Rent Adiustment. On July lstevery year during the lnitial Term and the Extended Term, the Base Rent shall be increased by a fixed rate of three- and one-half percent (3.5olo) of the annual rent paid in the immediately preceding year. (d) Additional Ground Soace Rent. ln the event that Lessee requests and the City approves the installation of additional equipment outside of the Leased Area as described above in Section 2(a)(1) and shown in Attachment B, additional ground space rent may be required as negotiated between City and Lessee ("Additional Ground Space Rent") in addition to the Base Rent, which Additional Ground Space Rent shall commence upon the first ('l"t) day of the month following the commencement of installation of the applicable equipment. The additional ground space rent in either case shall be distributed to the City pursuant to section 5(b) above. (e) Deoosits. To secure the performance of its obligations under this Lease Agreement, the Lessee is required to make the following deposits with the City within ninety (90) days of the Effective Date:
(1) General Performance Bond: The Lessee shall furnish to and maintain with the City, in a form acceptable to the City's Attorney, a non-revocable performance-andpayment bond in the amount of One Hundred Thousand Dollars ($100,000) to ensure the Lessee's faithful performance of all the terms and conditions in this Lease Agreement, including without limitation the monthly payment of the Base Rent and Additional Ground Space Rent, and the restoration of the Property to the extent required pursuant to the lerms and conditions of this Lease Agreement.
(2) Certificate of Deposit: The Lessee shall furnish to and maintain with the City, in a form acceptable to the City's Attorney, a joint Certificate of Deposit in the amount of Ten Thousand Dollars ($10,000) to ensure the Lessee's faithful performance of all the terms and conditions in this Lease Agreement, and which is payable as described in this Leose for lnstollotion of Telecommunicotions Equipment-Finql Poge 3

EXHIBIT B
422
subsection. The Lessee, but not the City, may draw all the interest earned on such an account. The City, but not the Lessee, may draw the principal of such an account to cure any default that the Lessee failed to correct in accordance with the provisions in Section 28 of this Lease Agreement. lf the City draws the principal, the Lessee must replenish the draw within thirty (30) days following Lessee's receipt of wriften notice from City for any such amount.

6. Utilities. The Lessee is responsible for obtaining utility connections for the Equipment and the Wireless Telecommunications Facility. The Lessee shall establish all utility accounts in its name and is responsible for all charges and fees associated with the account. The Lessee may install over, in, and across the Property such cables, wires, or pipes reasonably necessary to deliver utility services to the Leased Areas ("Service Lines"), in a manner that does not materially interfere with the City's use or operation of the Property. The Lessee must obtain the City's prior wriften approval, not to be unreasonably withheld, conditioned or delayed, for the design and location of the Service Lines before they are installed. lf required by the City for a legitimate governmental purpose, the City may require the Lessee to redesign or relocate the Service Lines, or to connect to existing services, provided that such redesign or relocation shall not result in a material reduction in the quantity or quality of services which Lessee enjoyed prior to the redesign or relocation.

7. CiW's Riqhts. City reserves the right to use the Property for City's operations. lt is understood that construction, reconstruction, maintenance facilities or improvements for City upon said Property shall at all times be paramount to any rights under this Lease Agreement, provided that City will not materially and adversely interfere with Lessee's use of the Leased Areas. Lessee's construction, reconstruction, mainlenance, and use of the Lessee's Wireless Telecommunications Facility, and all work upon or in connection therewith, shall not materially and adversely interfere with the City's operations on the Property. The construction and reconstruction of the Wireless Telecommunicalion Facility, and all work in connection therewith, shall be done and made under the supervision of City.

8. Use of Leased Areas.
(a) The Lessee may use the Leased Areas for the installation, maintenance, repair, replacement, upgrade and operation of the Equipment for a Wireless Telecommunications Facility in compliance with this Agreement and the conditions of approval in the Governmental Approvals, which are incorporated into this Lease Agreement by reference as though set forth in full. Lessee will be allowed to make such alterations to the Leased Areas consistent with the Governmental Approvals or such amendments thereto and will ensure that Lessees' Wireless Telecommunications Facility complies with all applicable federal, state or local laws, rules or regulations. ln the event Lessee desires to modify or upgrade the Equipment, in a manner that requires an additional portion of the Property outside of the footprint of the Leased Areas, then for such modification or upgrade Lessee shall request from the City a lease modification to address the additional square footage which Lessee requests to be added to the Leased Areas. lf City is agreeable to provide the additional square footage to Lessee, it may condition its approval of a lease modification on a commercially reasonable increase in the Base Rent. (b) Notwithstanding Subsection 8(a) above, following the initial installation of the Wireless Telecommunication Facility, Lessee shall have the right to add, upgrade or otherwise modify its Wireless Telecommunication Facility in any portion of the Leased Areas provided that Lessee must secure all necessary Governmental Approvals from the City prior to undertaking the addition, upgrade or other modification. Additionally, Lessee shall notify City of any proposed addition, Leose for lnstollotion of Telecommunicotions Equipment-Finol Poge 4

EXHIBIT B
423
(c) in Wireless Telecommunicati F . Subject to Section 8(b) above, Lessee shall have the right to perform routine maintenance and make routine repairs/replacement of existing equipment within the Wireless Telecommunication Facility identified in Attachments B and C with same or substantially similar in kind equipment without City approval. lf Lessee is in need to modify, alter, replace, upgrade or otherwise change the Wireless Telecommunication Facility identified in Attachments B and C and such modification, alteration, replacement, upgrade or change requires an increase in the size of the existing ground equipment and/or enclosure walls previously approved by the City, then Lessee shall not make said changes without the prior written consent of the City, which consent shall not be unreasonably withheld, conditioned or delayed. Lessee shall secure all applicable Governmental Approvals and permits for said changes, if any, are necessary and required by law. Such changes may be subject to Additional Ground Space Rent per Section 5(d) above. lf City's consent is required under this Lease Agreement for any change in the Wireless Telecommunication Facility, Lessee, at its own cost and expense, shall explain the effect of the change and demonstrate to the reasonable satisfaction of City that the change will not interfere with or impair the use of the City Property for its intended use or interfere with City's then existing communication systems, including public safety, in conformance with Section 16 below.

9. Limited Rioht of Access and Utilitv Access. Access to the Leased Areas shall only be from South Livermore Avenue and Pacific Avenue as shown on Attachments A and B. Concurrent with the Term of this Lease Agreement, the City allows the Lessee a twenty (20') foot wide nonexclusive access license and a six (6') foot wide non-exclusive utility license, which licenses shall not be revocable during the Term of this Lease Agreement, as further depicted on Attachment "A", over, in, and across the Property to the Leased Areas. The City may, in its discretion, relocate the Lessee's access path to the Leased Areas, provided that the access path shall provide contiguous pedestrian and vehicular access to and over the Property to the Lease Areas. The right of access is limited to the Lessee, its employees, agents, contractors and designated representatives, and is expressly conditioned upon compliance with all terms and conditions of this Lease Agreement. ln addition to the provisions of this Paragraph 9, and for the avoidance of any doubt regarding utility access rights, City grants to Lessee and utility service supplier the right to receive utility services including, but not limited to electric facilities, appurtenances and associated equipment, and the right for the utility service supplier to excavate for, construct, reconstruct, replace (of initial or any other size), remove, maintain, inspect and use said utility facilities, together with the right for the utility service supplier to ingress and egress from said utility facilities across the Property as set forth in Attachment B. City grants the right for the utility service supplier to trim or cut down any trees or brush within five (5) feet on each side of the centerline of said utility facilities. ln addition, City shall not erect or construct any building or other structure, or drill or operate any well within five (5) feet on each side of the centerline of said utility facilities.

Notwithstanding anything to the contrary contained in this Lease Agreement, City agrees to the following:
(a) City grants lo Lessee the right to trim such trees and other foliage and to cut such limbs and roots on said Property as may be necessary for the protection of said facilities. (b) City grants to Lessee the right to cut, fill or otherwise change the grade of said Property and to place such drainage and retaining structures thereon, as Lessee may elect for the protection of such facilities.

Leose for lnstollotion of Telecommunicotions Equipment-Finol Poge 5 upgrade or modification of its Wireless Telecommunication Facility; however, the City's consent to such addition, upgrade or modification shall not be required pursuant to this Lease Agreement as long as Lessee shall have secured all necessary Governmental Approvals.

EXHIBIT B
424
(c) City grants to the Lessee the right to receive commercial power service from the appropriate utility company serving the area, together with the right for such utility company to place its respective service facilities upon and within said Property.

Any access by any person(s) not cleared pursuant to the terms of this Lease Agreement is a material breach of the Agreement and, may be cause for termination of the Lease Agreement in the event that such material breach is not cured by Lessee following receipt of written notice from the City and the reasonable opportunity to cure the material breach in accordance with the default provisions set forth in Section 28 of this Lease Agreement.

10. Co-Location. The Lessee is encouraged to permit other wireless telecommunications providers to collocate on its Wireless Telecommunications Facility consistent with the Policy and Entitlements. In relation thereto, Lessee shall have the right to sublease or sublicense space on its Equipment to other third-party co{ocators provided that Lessee shall require each such colocator (i) to obtain a separate ground space lease from the City and (ii) any required Governmental Approvals prior to allowing such co-locator to install any equipment on Lessee's Equipment. ln such event, City shall be entitled to retain all revenue derived from its separate ground space lease with each co-locator and Lessee shall be entitled to retain all revenue derived from each sublease or sublicense of its Equipment and Tower with each co-locator. ln Addition, City will require that the additional wireless telecommunication provider acquire permission from the Pacific Gas and Electric company who owns the exiting power transmission tower and easement rights beneath it.

11. Rules. Lessee shall comply with the following rules for the use of the Leased Areas, and such other changes or rules as may be imposed by City from time to time after reasonable written notice to Lessee thereof:
(a) Lessee shall comply with all statutes, laws, rules and regulations ("Laws") concerning Lessee's use of the Leased Areas, without limitation, the laws of the United States of America, the State of California, and/or the ordinances, regulations and requirements of the County of Alameda, the City of Livermore or other lawful authorities. (b) Lessee shall not allow or authorize, the Leased Areas, or any part thereof, to be used in violation of the statutes, laws, rules and regulations of the United States of America, the State of California, and/or the ordinances, regulations and requirements of the County of Alameda, the City of Livermore or any other lalvful authorities with .jurisdiction over the use or the Leased Areas.
(c) Lessee shall install all required safety notices related to the operation of the Wireless Telecommunications Facility, including those required for radio frequency emission safety.
(d) Lessee shall not leave or store any trash, garbage, or refuse of any kind in, on, or about the Property or Leased Areas and shall cause any refuse, trash, paper or other waste deposited on the Property or Leased Areas by any of its employees, agents, or designated representatives to be picked up and disposed of in the appropriate manner so as to keep the Property and Leased Areas in a neat and clean condition (e) Lessee shall not use, commit, or allow or permit to be used or committed, any waste upon the Facility.

Leose for lnstollotion of Telecommunicotions Equipment-Finol Poge 6

EXHIBIT B
425
(f) Lessee shall not use, commit or allow or permit to be used or committed any legal nuisance or any unauthorized use of the Property.
(S) Lessee and its agents and employees shall not hunt on the Property (or discharge weapons of any kind while on the Property.
(h) No alcoholic beverages shall be consumed on the Property. (i) Notwithstanding the provisions of Section 9 ofthis Lease Agreement, Lessee shall use the access route as shown on Attachment B on the Property to the Leased Areas and shall not lravel any other road on the Property or open fields except in cases of emergency or with the prior authorization of City Staff.
(1) Lessee shall observe a reasonable speed limit on the Property (k) Smoking, use of matches, or open fires shall not be permitted on the Property 12 (l) The Lessee shall remove all graffiti and repair any vandalism to the Equipment and Leased Areas within three (3) working days of the Lessee's receipt of a written notice of its existence from the City, or agency maintaining the Property for the City, to the Lessee. Emergency access is exempt from this requirement.

Lessee's Responsibilities.
(a) Enqineerinq. The Lessee is responsible for conducting its own engineering and analysis of the Wireless Telecommunications Facility and the Leased Areas to ensure that the wireless telecommunications facility is designed to meet its needs. (b) Governmental Approvals The Lessee shall comply with all applicable requirements, rules, regulations, including environmental and workplace safety requirements, related to installation, operation, repair, replacement, and maintenance of the Wireless Telecommunications Facility, including all requirements imposed or permits required by the City of Livermore, County of Alameda, the State of California and the United States of America. The Lessee expressly acknowledges that the City is not responsible for obtaining or maintaining any necessary governmental approvals on behalf of Lessee for the Wireless Telecommunications Facility. The Lessee will be required to obtain all necessary permit and inspection approvals through the entitlement and building permit process and pay any required permit fees. City agrees that Lessee's ability to use the Leased Areas is contingent upon the suitability of the Leased Areas and Property for Lessee's permitted use and Lessee's ability to obtain and maintain all governmental licenses, permits, approvals or other relief required of or deemed necessary or appropriate by Lessee for its use of the Leased Areas, including without limitation applications for zoning variances, zoning ordinances, amendments, special use permits, and construction permits (collectively, the "Government Approvals"). City, as landowner, authorizes Lessee to prepare, execute and file all required applications to obtain Government Approvals for Lessee's permitted use under this Lease Agreement. ln addition, Lessee shall have the right to initiate the ordering and/or scheduling of necessary utilities.
(c) Pre-construction Conditions. Lessee has the right to obtain a title report or commilment for a leasehold title policy from a title insurance company of its choice and to have the Property surveyed by a surveyor of its choice. Lessee may also perform and obtain, at Lease for lnstollotion of Telecommunicotions Equipment-Finol Poge 7

EXHIBIT B
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Lessee's sole cost and expense, soil borings, percolation tests, engineering procedures, environmental investigation or other tests or reports on, over, and under the property, necessary to determine if Lessee's use of the Leased Areas will be compatible with Lessee's engineering specifications, system, design, operalions or Government Approvals_ Lessee agrees that priorto conslruction of the Wireless Telecommunications Facility, Lessee will give notice to City. Lessee will reimburse City for any required permit costs incurred by City in reviewing Lessee's work plan and for City' inspection of construction activities. Lessee shall comply with all of the terms of any building or encroachment permits issued by City. Once Lessee's Wireless Telecommunication Facility is installed, Lessee may make alterations to it without obtaining the prior written approval of City, subject to Sections 8(b) and 8(c).
ical lnterferen The Lessee's installation, maintenance, and operation of the Wireless Telecommunications Facility, as well as its access to the Leased Areas, shall not interfere with the City's use or operation of the Property. Notwithstanding the foregoing, City hereby confirms that the location of the Leased Areas, including the Service Lines and access to the Leased Areas as depicted on Attachment "8" do not interfere with the City's use of operation of the Property as of the Effective Date. Said Service Lines may be relocated by the City in the future subject to Section 8 (d) above.
(e) Maintenance and Reoairs. Lessee shall be required to provide City with prior written notice of not less than 72 hours prior to any maintenance being performed on the Wireless Telecommunications Facility. Lessee shall be obligated to pay City the actual hourly inspection fees incurred during all maintenance, if any such inspection is necessary. ln the event of an emergency, Lessee shall immediately notify City of its intent to access the Facility prior to performing any maintenance or repairs.

13. Veoetation. Lessee further agrees that no City owned vegetation, if any, will be damaged and/or removed during installation or maintenance of the Wireless Telecommunications Facility without the City's prior written approval. The Lessee shall restore/replace any vegetation damaged and/or removed by Lessee during installation or maintenance of the Wireless Telecommunications Facility to the reasonable satisfaction of the City.

14. Possessory lnterest Tax. Lessee shall pay all possessory interest taxes, assessments and other governmental charges of any kind applicable to this Lease Agreement and Lessee's occupancy of the Leased Areas assessed during the Term of this Lease Agreement. This obligation continues until such time as this Lease Agreement expires or is terminated and Lessee no longer has possession of the Leased Areas and has satisfied its obligation to remove lhe Wireless Telecommunications Facility and restore the Property to its original condition.

15. HazardousMaterials. (a) ln addition to the rules and restrictions set forth in this Lease Agreement, Lessee shall not cause or permit any Hazardous Materials to be permanenlly stored, used or disposed of, on or in the Leased Areas without first having obtained City's prior, written approval. lf Hazardous Materials are stored, generated, used or disposed of on or in the Leased Areas without the City's approval, or if the Leased Areas become contaminated in any manner for which Lessee is responsible, Lessee shall indemnify and hold City harmless from any and all claims, damages, fines, judgments, penalties, clean-up costs, liabilities or losses (including without limitation, a decrease in value of the Leased Areas, Property, and adjacent real property or damages due to adverse impact on marketing of the Leased Areas), and any and all sums paid for settlement of claims, attorney's fees, consultant and experts'fees arising during or after the Term and arising as a result of such Hazardous Discharge or Contamination by Lessee or rts employees, agents, Leose fot lnstollotion of Telecommunicotions Equipment-Finol Poge I

EXHIBIT B
427
(i) "Hazardous Materials" shall mean any toxic or hazardous wastes, pollutants, materials or substances, including, without limitation, asbestos, PCB'S, petroleum products, radioactive substances or their by-products, other subslances defined or listed as "hazardous substances", "hazardous materials", "hazardous wastes" or "toxic substances in or pursuant to the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C.

Sections 9601, et seg., ('CERCLA"); the Hazardous Materials Transportation Act, 49 USC Sections 5102, et seq.i the Resource Conservation and Recovery Act, 42 U.S.C. 556901 ef seg.; the Toxic Substances Control Act of 1976, 15 U.S.C. 552601 ef seg.; any "toxic pollutant" under the Clean Water Act, 33 U.S.C. SS1251 et seq.; any hazardous air pollutant under the Clean Air Act, 42 U.S.C. SS7401 et seg.; the California Hazardous Substance Account Act, California Health & Safety Code ("CH&SC") 525300 etseg., the Hazardous Waste Control Law, CM&SC SS25100 et seg.; in or pursuant to or identified as causing cancer or reproductive toxicity in the California Safe Drinking Water & Toxic Enforcement Act of 1986, CM&SC 5525249.5 et seg.; and CM&SC SS 25249.8, 25117,25316i all as such laws may be amended; any hazardous or toxic substance, material, chemical, waste or pollutant now or hereafter regulated under any other applicable federal, state or local environmental laws, without limitation; and any other matter in the nature thereof arising pursuant to the jurisdiction of any public agency. (ii) "Hazardous Discharge" and "Contamination" shall mean the happening of any event involving an emission, spill, release or discharge ("Release") into or upon (a) the air, (b) soils or any improvements located thereon, (c) surface or ground water, (d) the sewer, septic system or waste treatment, storage or disposal system servicing the Leased Areas, of any Hazardous Material, or (e) any other matter in the nature thereof arising pursuant to the jurisdiction of any public agency.
(iii) "Environmental Laws" shall mean all applicable federal, state and local laws, ordinances, regulations, orders, procedures, policies and directives of every kind and nature whatsoever pertaining to Hazardous Materials in, at, on, under or from the Leased Areas or any portion thereof, and any other matter in the nature thereof arising pursuant to the .lurisdiction of any public agency.
(b) City represents and warrants (i) to the best of the City's knowledge, the Property, as of the date of this Lease Agreement, is free of hazardous substances, including asbestoscontaining materials and lead paint, and (ii) to the best of the City's knowledge, the Property has never been subject to any contamination or hazardous conditions resulting in any environmental investigation, inquiry or remediation. City and Lessee agree that each will be responsible for compliance with any and all applicable governmental laws, rules, statutes, regulations, codes, ordinances, or principles of common law regulating or imposing standards of liability or standards of conduct with regard to protection of the environment or worker health and safety, as may now or at any time hereafter be in effect, to the e)dent such apply to that party's activity conducted in or on the Property.
(c) Lessee agrees to hold harmless and indemnify the City, and to assume all duties, responsibilities and liabilities at the sole cost and expense of the indemnifying party for, payment of penalties, sanctions, forfeitures, losses, costs or damages, and for responding to any action, notice, claim, order, summons, citation, directive, litigation, investigation or proceeding ("Claims"), Poge 9
or designated representatives. Any contamination of the City's Property Gaused by Lessee shall be completely removed, and the Property restored to its pre contamination condition at the sole expense ofthe Lessee. For purposes of this Lease Agreement, the following terms shall have the meanings set forth below:

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to the extent arising from Lessee's breach of its obligations or representations under this Section

15. City hereby agrees that Lessee shall have no duties, responsibilities and liabilities at for, payment of penalties, sanctions, forfeitures, losses, costs or damages, and for responding to any Claims, to the e)dent arising from subsurface or other contamination of the Property with hazardous substances prior to the Effective Date of this Lease Agreement or from such contamination caused by the acts or omissions of the City during the Term except to the extent that Lessee's operations on the Property directly exacerbate such contamination . (d) The indemnification of the City by Lessee in this Section 15 specifically includes reasonable costs, expenses and fees incurred in connection with any investigation of Property conditions or any clean-up, remediation, removal or restoration work required by any governmental authority. The provisions of this Section 15 will survive the expiration ortermination of this Lease Agreement.
(e) ln the event Lessee becomes aware of any hazardous materials on the Property, or any environmental, health or safety condition or matter relating to the Property, that, in Lessee's sole determination, renders the condition of the Leased Areas or Property unsuitable for Lessee's use, or if Lessee believes that the leasing or continued leasing of the Leased Areas would expose Lessee to undue risks of liability to a government agency or third party, Lessee will have the right, in addition to any other rights it may have at law or in equity, to terminate this Lease Agreement upon written notice to City.
16 Freouencv Comoatibilitv and lnterference. Lessee's operation of the Wireless Telecommunications Facility shall not interfere with any existing City, or City lessee's, communication systems for public safety or City operation purposes on the Property or nearby properties provided that such operation is installed and operating in compliance with applicable Laws. ln addition, Lessee shall not interfere with any existing City commercial lessee's communication systems, provided that such operation is installed and operating in compliance with applicable Laws
Lessee shall provide for complete frequency compatibility with all other radio transmitting equipment currently existing on the property and any future equipment owned and installed by City for public safety or City operational purposes. ln the event an interference problem arises which creates a bona fide emergency with the essential communications for public safety communication and data retrieval functions for the City, which interference problem cannot be eliminated by Lessee no more than twenty-four (24) hours after Lessee's receipt of notification to do so by City, then the Lessee must take the suspected portion of the Wireless Telecommunications Facility out of service until the problem is corrected to the affected city's satisfaction, at Lessee's sole expense.

Leose fot lnstollotion ol Telecommunicotions Equipment-Final Poge 10 lf interference from Lessee's Wireless Telecommunications Facility is suspected in violation of this section, then the City will contract with a technical consultant who will provide determinations evaluating the interference, at Lessee's sole expense. lf the technical consultant finds, after thorough conclusive diagnostics that Lessee's Wireless Telecommunications Facility is interfering with the City's equipment or antennas which have been installed and are operating in compliance with Laws, Lessee shall implement a solution in coordination with City. City shall have the right to terminate this Lease Agreement upon written notice in the event Lessee's Facility incurably interferes with the reception or transmission of City's communication system. Lessee shall also reimburse City for time and costs of City's staff expended to correct any interference.

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17. Non-lnterference bv Subsequent Lessees. Any future lease of space on the Property which permits the installation of communications equipment shall be conditioned upon noninterference with Lessee's Wrreless Telecommunicalion Facility, except for those temporary emergency communications systems installations by City or other public agency. The City agrees to coordinate efficient collocation of any new equipment and antennas and to promptly resolve any interference issues that may arise due to the presence of multiple lessees. In recognition of Lessee's critical need for a reliable communication system telecommunication service, the city agrees to take all necessary steps to ensure that existing and future lessees will not cause interference with Lessee's Antenna or Equipment. ln the event of any interference to Lessee's Antenna or Equipment, Lessee shall notify the City, and within 72 hours afler receipt of notification, the City will notify the party causing said interference to the Lessee's Antenna or Equipment to cease or require the cessation of all operations within 48 hours which are suspected of causing interference (except for intermittent testing to determine lhe cause of such interference) until the interference has been corrected. lf interference to Lessee's Equipment cannot be resolved, Lessee will have the option, in addition to Lessee's right to exercise any and all rights available to it under this Lease Agreement and under law and equity, including without limitation Lessee's right to bring an action to enjoin such interference, to relocate lo a new location on City Property, if available and not currently occupied or needed by City, and to recover from the interfering party any costs associated with such relocation or, to terminate this Lease Agreement. (a) Temoorary Relocation. Upon City's request, Lessee agrees to rearrange, reposition or relocate its Wireless Telecommunications Facility (or any portion thereof) on a temporary basis ("Temporary Relocation"), for the purpose of City performing maintenance, repair or similar work at the Property; provided, however, that:
(i) the Temporary Relocation is compatible for Lessee's use, in Lessee's reasonable determination;
(ii) City provides Lessee at least sixty (60) days' notice prior to requiring Lessee to rearrange, reposition or relocate;
(iii) Lessee's use is not interrupted or diminished during the Temporary Relocation and City allows Lessee, if necessary, in Lessee's reasonable determination, to place a temporary facility on the Property during any such relocation, subject to City's approval;
(iv) upon completion of any maintenance, repair or similar work by City, Lessee is permitted to return to its original location from the temporary location; and (v) each party bears its own costs and expenses in conneclion with the Temporary Relocation.

To the extent that Lessee fails to perform its obligations under this Section 17(a), City may (but will not be obligated to) cause the Temporary Relocation to be performed at Lessee's sole cost and expense. City shall not be responsible for damage to, repairs lo or maintenance of the Wireless Telecommunications Facility or for any associated costs except to the extent caused by City. Within thirty (30) days after a written demand from City, Lessee shall reimburse City for all actual and documented costs and expenses.

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18. Relocation.

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(b) nent Rel n City shall have the one-time right to require Lessee to permanently relocate its Wireless Telecommunications Facility to another location on the Property (the "Relocation Area") during the Term of this Lease Agreement upon written notice not less than six (6) months priorto the requested date of relocation, with a map and description of the proposed Relocation Area. All reasonable and documented costs (not including lost profits whatsoever) incurred by Lessee for relocating the Wireless Telecommunications Facility to the Relocation Area and improving the Relocation Area so that it is fully compatible for the Lessee's use, in Lessee's reasonable determination (the "Relocation Costs"), shall be paid. as follows:
(i) if the relocation occurs during the lnitial Term, City shall pay the Relocation Costs; (ii) if the relocation occurs during the first Extended Term, City and Lessee shall split the Relocation Costs equally; or
(iii) if the relocation occurs at any time after the first Extended Term, Lessee shall pay the Relocation Costs.

Notwithstanding anything to the contrary stated herein, if City requires Lessee to relocate and the parties using good faith efforts to do so cannot mutually agree on the Relocation Area after City's notice to Lessee, then either party in its sole discretion may terminate this Lease Agreement upon six (6) months' prior written notice to the other party, with such termination being treated as the natural expiration of this Lease Agreement with no available additional terms or holdover.

19. Repair. lf the Lessee damages asphalt, pavement, sidewalks, driveways, landscaping, irrigation, utility facilities, structures, or other improvements on the Property or lhe Leased Areas, the Lessee shall replace, repair, or restore such improvements to as close to their origrnal condition as is reasonably possible, reasonable wear and tear, and damage from the elements excepted. The restoration work must comply will all applicable ordinances and regulations. ln the event the Lessee's damage necessitates an immediate repair by the City, or any agency operating or maintaining the Property for the City, to either protect the Property or the public's health, safety, or welfare, the City will give the Lessee written notice of the damage and Lessee shall repair the damage within 24 hours after receiving the written notice. lf the Lessee cannot repair said damage, City shall give the Lessee the circumstances requiring immediate repair, and the work be completed for the repair, and the Lessee shall then reimburse the City, or the agency operating or maintaining the Property for the City, for the reasonable repair costs within thirty (30) days following receipt of a written invoice by Lessee from City, accompanied by reasonable substantiation of any such costs. The Lessee shall maintain all such restoration for a period of one (1) year following the date the City acknowledges satisfactory completion of the work.

20. Condemnation. lf all or part of the Leased Areas are taken by condemnation such that the Leased Areas are no longer usable for the purposes stated in this Lease Agreement, this Lease shall terminate unless Lessee's Wireless Telecommunications Facility can be relocated to another location on City property acceptable to Lessee if such space is available and does not interfere with the public use of the Property. Lessee shall be entitled only to that portion of the proceeds of condemnation which is directly attributable to the value of Lessee's interest in thas Lease Agreement

21. Assiqnment
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(a) Prohibition inst Assionment and ncumbrance Except for a Permitted Transfer (as defined below), this Lease Agreement and any rights or obligations of Lessee hereunder shall not be sold, assigned, transferred, leased, assigned, sublet, conveyed, hypothecated, nor shall there be any grant of licenses, franchises or concessions, nor shall title thereto, either legal or equitable, or any right or interest therein, pass to or vest in any person, either in whole or in part, or in any manner, without the prior written consent of the City. Lessee shall not allow any other person or entity to occupy or use all or any part of the Leased Areas, without first obtaining the City's written consenl.
ln order to obtain City' written consent for any such assignment other than a Permitted Transfer, the proposed assignee or transferee must demonstrate to the satisfaction of City that it possesses the legal, financial and technical qualifications necessary to perform all the terms, conditions and obligations under this Lease Agreement for the remaining term thereof, and such reasonable additional obligations required by the assignee or transferee by the City for the specific and limited purpose of assuring the performance of all the terms, conditions and obligations of this Lease Agreement.

Notwithstanding the foregoing, Lessee shall have the right upon notice to the City, but without the necessity of the City' consent (each a "Permitted Transfer") to assign, sell or other transfer this Lease Agreement (i) to any Affiliate of Lessee; or (ii) in connection with the sale, merger, or exchange of substantially all of Lessee's assets in the FCC market area where the Property is located. An "Affiliate" means with respect any person or entity that (directly or indirectly) controls, is controlled by, or under common control with, that pafty. "Control" of a person or entity means the power (directly or indirectly) to direct the management or policies of that person or entity, whether through the ownership of voting secunfies, by contract, by agency or otheNise. All successors to this Lease Agreement will be su[ect to all terms and conditions of this Lease Agreement.
(b) lnvoluntary Assiqnment. No interest of Lessee in this Lease Agreement shall be assignable by operation of law, including, without limitation, the transfer of this Lease Agreement by testacy or intestacy. Each of the following acts shall be considered an involuntary assignment:
(1) lf Lessee is or becomes bankrupt or insolvent, makes an assignment for the benefit of creditors, or institutes a proceeding under the Bankruptcy Act in which Lessee is the bankrupt; or, if Lessee is a partnership or consists of more than one person or entity, if any partner of the partnership or other person or entity is or becomes bankrupt or insolvent, or makes an assignment for the benefit of creditors;
(21 lf a writ of attachment or execution is levied on this Lease Agreement; (3) lf, in any proceeding or action to which Lessee is a parv, a receiver is appointed with authority to take possession of the Leased Areas. lf a writ of attachment or execution is levied on this Lease Agreement, Lessee shall have sixty (60) days in which to cause the attachment or execution to be removed. lf any involuntary proceeding in bankruptcy is brought against Lessee, or if a receiver is appointed, Lessee shall Poge 73
An involuntary assignment shall constitute a default by Lessee and City shall have the right to elect to terminate this Lease Agreement, in which case this Lease Agreement shall not be treated as an asset of Lessee.

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have one hundred twenty (120) days in which to have the involuntary proceeding dismissed or the receiver removed.

22. Indemnitv. Lessee agrees to defend, indemnify, and hold City and its respective elected officials, officers, directors, employees, agents, and designated volunteers (collectlvely "lndemnities") harmless from and against any and all loss, liability, damage, including reasonable attorney's fees and court costs including expert witness fees, arising out of or related to, and to the extent €used by, the acts or omissions of Lessee, its employees, contractors, agents, representatives or designated volunteers in connection with this Lease Agreement, Lessee's use of the Leased Areas including the installation and operation of the Wireless Telecommunications Facility, and the activities and/or operations permitted by this Lease Agreement. Such obligations to defend, hold harmless and indemnify any of the Indemnities shall not apply to the elitent that such Liabilities are caused by the negligence or acts or omissions of the lndemnities or any of them23- Encumbrance. The Lessee shall pay, or cause to be paid, all costs and expenses forwork done by it, or caused to be done by it, on the Leased Areas of a character which will or may result in any lien on the Property- Likewise, the Lessee shall keep the Property free and clear of any mechanic's lien or olher lien on account of work done for it or at its request. Should any claims of lien be filed and/or recorded against the Property, or any action affecting the title thereto commenced, Lessee shall give the City written notice promptly following Lessee's knowledge thereof.

26. Notices. Wherever in this Lease Agreement it shall be required or permitted that notice or demand be given or served by either party to this Lease to or on the other, all notices, requests and demands hereunder will be given by first class certified or registered mail, return receipt requested, or by a nationally recognized overnight courier, postage prepaid, to be effective when properly sent and received, refused or returned undelivered. Notices will be addressed to the parties as follows:

Brandon Cardwell
lnnovation & Economic Development Director/Property lvlanager City of Livermore
1052 South Livermore Avenue
Leose for lnstdllotion of Telecommunicotions Equipment-Finol Poge 14

24. lnsurance. Lessee shall carry and maintain insurance or self-insurance during the Term of thrs Lease Agreement in the amounts and under the terms set forth in Attachment "D" against claims that may arise from or in connection with this Lease Agreement and the installation, maintenance, and operation of the Equipment, Antenna, and Wireless Telecommunications Facility on the Leased Areas. Upon at least sixty (60) days prior written notice to Lessee, Lessee shall comply with changes in the amounts and terms of insurance as may be required from timetotime by City's Risk Manager in respect to comparable locations of the City but not more than once every five (5) years.

25. Entrv bv CiW and other lessees. Except in the event of a bona fide emergency for which no prior notice to Lessee shall be required, Lessee shall permit City, its officials, officers, employees, impacted lessee's, agents and designated volunleers to enter into and upon Lessee's equipment shelter upon reasonable prior written notice to Lessee (which in no event shall be less than two (2) business days prior written notice) for the purpose of inspecting the Leased Areas, enforcing the rules and regulations under this Lease Agreement, and the posting of such legal notices as City may deem necessary or convenient.

City:

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Livermore, California 94550
Lessee: New Cingular Wireless PCS, LLC
Attn: Network Real Estate Administration
Re: Cell Site#: CC105197; Cell Site Name: Livermore City Hall Colo (CA) Fixed Asset #: 15521701
'1025 Lenox Park Blvd. NE,3'd Floor
Atlanta, Georgia 30319
With copy to: New Cingular Wireless PCS, LLC
Attn: Legal Dept - Network Operations
Re: Cell site #: CCL05197; Cell Site Name: Livermore City Hall Colo (CA) Fixed Asset #: 15521701
208 S. Akard Street
Dallas, TX 752024206
Any party may change such address or contact person by written notice by registered mail to the other.
27 . Holdino Over. Any holding over after the expiration of the Term of this Lease Agreement, with the consent of the City, shall be construed to be a tenancy from month to month at a monthly rate equal lo 11Oo/o of the previous month's rent, and shall otherwise be on the same terms and conditions herein specified so far as applicable. Following termination or expiration of this Lease Agreement, the Lessee shall be responsible for the payment of Rent to the City until such time as the Equipment is removed from the Leased Areas and the Leased Areas are restored as provided for in Section 29.

28. Modification. This Lease Agreement may only be modified or amended by written agreement signed by all parties hereto, except that the number of extensions and the length of the initial term and extensions shall not be modified.

29. Default and Termination. During the Term of this Lease Agreement, City shall have the right to terminate Lease Agreement following an uncured default by Lessee of any material term of this Lease Agreement in accordance with this Section. Lessee shall have thirty (30) days following receipt of written notice from City to cure any such default, provided that if the nature of the default is such that additronal time beyond thirty (30) days is needed to complete the cure, then no default shall be deemed to have occurred as long as Lessee has commenced to cure such default in good faith within such thirty (30) day period, and thereafter diligently prosecutes the cure to completion. The following will be deemed a default by City and a breach of this Lease Agreement: (i) City's failure to provide access to the Leased Premises as required by this Lease Agreement within Seventy-two (72) hours after written notice of such failure; (ii) City's failure to cure an interference problem as required by this Lease Agreement within seventy-two (72) hours after written notice of such failure; or (iii) City's failure to perform any term, condition or breach of any warranty or covenant under this Lease Agreement within thirty (30) days after written notice from Lessee specifying the failure. No such failure, however, will be deemed to exist if City has commenced to cure the default within such period and provided such efforts are prosecuted to completion with reasonable diligence. lf City remains in default beyond any applicable cure period, Lessee will have the right to: (i) terminate this Lease Agreement, and (ii) any and all other rights available to it under law and equity and this Lease Agreement. Lessee, shall have the right to lerminate this Lease upon 90 days written notice to City, if the approval of any agency, board, court, or other governmental authority necessary for the construction and/or operation of the Leose for lnstollotion of Telecommunicotions Equipment-Finol Page 15

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Wireless Telecommunications Facility is revoked or withdrawn so long as the Lessee pays City a termination fee equal to nine (9) months' Base Rent, at the then-current rate.

30. Removal. ration and Surrender of Leased Areas.
(a) All portions of the Wireless Telecommunications Facility brought onto the Property by Lessee will be and remain Lessee's personal property and, at Lessee's option, may be removed by Lessee at any time during the Term subject to the termination section. City covenants and agree that no part of the Wireless Telecommunications Facility conslructed, erected or placed on the Leased Areas by Lessee will become, or be considered a part of, the Property, it being the specific intention of City that all improvements of every kind and nature constructed, erected or placed by Lessee on and/or within the Leased Areas will be and remain the property of Lessee.

Within one hundred twenty (120) days of the termination of this Lease Agreement, Lessee shall surrender the Leased Areas to the City, remove all of Lessee's improvements and Lessee will, to the extent reasonable, restore the Leased Areas to its pre-construction condition on the Effective Date, reasonable wear and tear and loss by casualty or other causes beyond Lessee's control excepted. Lessee's restoration shall include the removal and or remediatron of any hazardous materials generated by the Lessee's personal property as described and defined in Section '15.

Lessee shall perform all restoration made necessary by the improvements or alterations or by the removal the Wireless Telecommunications Facility, connections, and other components of the Wireless Telecommunications Facility within the time periods stated in this Section. Lessee shall be liable to City for costs for storing, removing, and disposing of any improvements, alterations, Equipment, or Antenna that are not removed within the 120-day period. (b) City may agree in writing to allow the Lessee to satisfy its obligation to remove the Wireless Telecommunications Facility, connections, and other components of the Wireless Telecommunications Facility by abandoning them in place. The City's written approval for the abandonment, if exercised, will be contingent upon Lessee satisfying such other terms and conditions as the City may impose, which at a minimum must include:
(1) The Wireless Telecommunications Facility and its connections are abandoned in the manner prescribed by the Community Development Director; and, (2) Lessee submits to City an instrument in writing, approved by City Attorney, transferring ownership of the Facility and connections, and other components of the Wireless Telecommunications Facility in their AS lS and WHERE lS condition without representation or warranty of any kind or nature whereupon Lessee shall have no further responsibility for the maintenance, repair or removal related thereto.

Lessee waives all claims against City for any damage to Lessee resulting from City' retention or disposition of any such improvements, alterations, Equipment, Antenna, connections, or portion of the Wireless Telecommunications Facility.
(c) City waives any and all lien rights it may have, statutory or otherwise, concerning any portion of the Wireless Telecommunications Facility, all of which shall be deemed personal property for purposes of this Lease Agreement, regardless of whether any portion is deemed real or personal property under applicable law.

31. Warranties. City represents, warrants and agrees that: (i) City solely owns the Property as a legal lot in fee simple, or controls the Property by lease or license and (ii) the Property is not and will not be encumbered by any liens, restrictions, mortgages, covenants, conditions, Leose for lnstollotion of Telecommunicotions Equipment-Finol Poge 16

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easements, leases, or any other agreements of record or not of record, which would adversely affect Lessee's permitted use and enjoyment ofthe Leased Areas underthis Lease Agreement.

32. Casualtv. City will provide notice to Lessee of any casualty or other harm affecting the Leased Areas within forty-eight (48) hours of the casualty or other harm. lf any part of the Wireless Telecommunications Facility or Leased Areas are damaged by casualty or other harm as to render the Leased Areas unsuitable, in Lessee's sole determination, then Lessee may terminate this Lease Agreement by providing written notice to City, which termination will be effective as of the date of such casualty or other harm. Upon such termination, Lessee will be entitled to collect all insurance proceeds payable to Lessee on account thereof and to be reimbursed for any prepaid rent on a pro rata basis. City agrees to permit Lessee to place temporary transmission and reception facilities that can be easily moved to accommodate construction activities (e.9., cell on wheels or COW) on the Areas, but only until such time as Lessee is able to activate a replacement transmission facility at another location; notwithstanding the termination of this Lease Agreement, such temporary facilities will be governed by all of the terms and conditions of this Lease Agreement, including Base Rent. lf City or Lessee undertakes to rebuild or restore the Leased Areas as applicable, they agree to permit Lessee to place temporary transmission and reception facilities on City property in the vicinity subject to the Lessee obtaining any necessary governmental approvals. lf City determines not to rebuild or restore the Leased Areas or Wireless Telecommunications Facility, City will notify Lessee of such determination within thirty (30) days after the casualty or other harm. City agrees that the Base Rent shall be abated until the Leased Areas are rebuilt or restored, unless Lessee places temporary transmission and reception facilities on the Property.
(a) Time of the Essence. Time is of the essence of each provision of this Lease Agreement.
(c) Entire Aoreement. This instrument , including any attachments hereto, constitutes the entire agreement of the parties relating to the subject matter of this Lease Agreement and correctly sets forth the rights, duties and obligations of each party to the other. (d) Partial lnvaliditv. lf any provision or portion of this Lease Agreement shall be deemed invalid by a court of competent jurisdiction, it is agreed that such invalidity shall affect only such provision or portion thereof, and the remainder of this contract shall remain in force and effect.
(e) California Law. This Lease Agreement shall be governed by and construed in accordance with the laws of the State of California.
(f) Review of Lease Aqreement. Each party to this Lease Agreement declares that prior to the execution of this Lease Agreement, each party had the opportunity to seek the independent advice of counsel and that they apprised themselves of sufficient relevant information in order that they might intelligently exercise their own judgment in deciding whether to execute this Lease Agreement. Each party agrees that they have completely read and understood the Lease Agreement, know the contents thereof, and have signed the Lease of their Lease for lnstollotion of Telecommunicotions Equipment-Finol

33. GeneralProvisions.
(b) Relationshio of the Parties. Nothing contained in this Lease Agreement shall be deemed or construed by the parties or by a third party to create the relationship of principal and agent, and/or of partnership, and/or ofjoint venture, and/or ofany association between the parties.

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own free will and free of any duress. No single party has drafted this Lease Agreement and it shall not be interpreted against any party as the drafting party. (s) Performance Excused. The Parties shall be excused from performance, as hereunder agreed to, if such performance is rendered impossible, impractical, or unreasonably difficult by, but not limited to, any strike, lockout, labor disturbance of any kind, civil commotion, war, acts of terrorism, shortage of any supply or labor, shortage of water, weather, Act of government authority, enactment or change in laws or regulations, breakdown of facilities or any cause outside of the Parties' control.
(i) Captions. The captions of this Lease Agreement shall have no effect on its interpretation.
0) Sinoular and Plural. When required by the context of this Lease Agreement, the singular shall include the plural.
(k) Joint and Several Oblioations "Party" or "Parties," unless otherwise stated, shall mean the City and Lessee
(l) Waiver. A term or condition of this Lease Agreement may be waived at any time by the party entitled to the benefit thereof, but no such waiver shall affect the right ofthe waiving party to require observance, performance or satisfaction either of that term or condition as it applies on a subsequent occasion or of any other term or condition. Lessee shall not be excused from complying with any of the terms and conditions of this Lease Agreement by any failure of the City upon any one or more occasions to insist upon or to seek compliance with any such terms and conditions.
(m) Attachments. All attachments referred to in and attached to this Lease Agreement are incorporated by reference as though set forth in full. (n) Attornev's Fees and Costs. lf any party commences an action against another party to enforce this Lease Agreement, the prevailing party is entitled to reasonable attorney's fees, costs of suit, investigation costs and discovery costs, including costs of appeal.

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lN WITNESS WHEREOF, the parties to this Lease Agreement have executed this Lease Agreement as of the dates set forth below.

Dated: 2024 New Cingular Wireless PCS, LLC,
Delaware limited liability company
By: AT&T Mobility Corporation
Its: Manager
By:

Print -l,llctraefG-uibo-da
Dated 2024
Director
citv or LfvoJlf{r&Bion & Ensin€€ring
By:

Marianna Marysheva
City Manager
Approved as to Form:

By:

Deputy/AssistanUCity AftorneY
Property
Leased Areas
Proposed Wireless Telecommunication Facility with Equipment lnsurance Requirements
Attachments:

B.
c.

Leose for lnstollotion of Telecommunicotions Equipment-Finol

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ATTACHMENT A - PROPERTY
Real property in the City of Livermore, County of Alameda, State of California, described as follows:

BEING PORTIONS OF PARCELS 1 AND PARCEL 3 OF PARCEL MAP 6574, FILED MAY 3, 1993 IN BOOK 205 OF MAPS AT PAGES 80 . 81 , OFFICIAL RECORDS OF ALAMEDA COUNTY
APN's: 099-0950-008-02 & 099 0950-010-00
Sheet '1 of 2

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439
aq

PARCEL I
)os,lttAPs 8La1
-q
t' APA. OC9-OC60-OOA-OO2
aq2 //^
tl
o/,/ cgs og5a a/2-oo2 !
t_i

PROPERTY
(-
STREAIiI LlllE

ENGINEERING
& DESIGN, INC
at&t

LEASE/MOL

EXHIBIT

PROJECT
NA E:

LIVERi'ORE

CITY HALL
coLo
NUMBER:
ccL05'197

ADDRESS
3663 PACTFIC
AVENUE
LIVERMORE.
ca 94550

CITY OF

LIVERMORE

ATTACHMENT
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EXHIBIT

PROJECT
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LIVERMORE

CITY HALL
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NUMBER:
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ADORESS
3663 PACtFtC
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LIVERMORE,
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CITY OF

LIVERMORE

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NAME:

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NUMBER
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AODRESS:
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LIVERMORE,
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CITY OF

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EXHIBIT

PROJECT
NAIi/lE:

LIVERIllORE

CITY HALL
coLo
NUMBER:
ccL0s197

ADDRESS
3663 PACtFtC
AVENUE

LIVERMORE,
cA 94550

CITY OF

LIVERI'ORE

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LIVERMORE

CITY HALL
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NUMBERI
ccL05197

ADBRESS
3663 PACTFTC
AVENUE
LIVERi'ORE,
cA 94550

CITY OF

LIVERMORE

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EXHIBIT B
444
Revised 6/27/24 B21 – License/Lease

Page 1 ends

EXHIBIT D

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

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

3. Workers’ Compensation and Employer's Liability:

4. Property Insurance:

Total value of all tenant improvements, betterments, and contents.

The City of Livermore shall be named as loss payee as its interest may appear. The insurer shall waive all rights against City.

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

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

EXHIBIT B
445
Revised 6/27/24 B21 – License/Lease

Page 2 ends

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

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

5. Lessee shall provide at least thirty (30) days' prior written notice by mail to the City of Livermore for cancellation of any required coverage that is not replaced.

1. City shall promptly and no later than thirty (30) days after notice thereof provide Lessee with written notice of any claim, demand, lawsuit, or the like

EXHIBIT B
446
Revised 6/27/24 B21 – License/Lease

Page 3 ends

2. City shall not settle any such claim, demand, lawsuit, or the like without the prior written consent of Lessee; and

3. City shall fully cooperate with Lessee the defense of the claim, demand, lawsuit, or the like.

EXHIBIT B
447
A notary public or r)ther ollicer completing this
cer(ificrtc vcrifies only thc idenlity of thc
individual who signcd thc document to which this
certilicate is attachcd. and not thc truthfulncss.
accuracy. or validity of that docurnent.

State of Califomia
Countyof Contra Costa
On August 8, 2024 before me, M. Murphree, Notary Public (insert name and title of the officer)
personally appeared Michael Guibord
who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted. executed the instrument.

I cenify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragaph is true and correct.

ESS m hand and official seal
Signature (Seal)
. URPHqET
Notary public
- Glitomia
Conka Costa
Cornfiisrion ,
County
2374262
Comn. &phe! S€p 7, 2025
.I'I.]NAN'I' Af] KNOWLEDG N,I T]NT

EXHIBIT B
448
CITY COUNCIL STAFF REPORT ITEM NO. 5.11
DATE: September 9, 2024
TO: Honorable Mayor and City Council
FROM: Brent Smith, Community Development Director
SUBJECT: Resolution authorizing supplemental appropriations of carry-over budgets, $41,332 from the Traffic Impact Fee Fund 510 and $25,278 from the Park Fee - AB 1600 Fund 512, to complete the Traffic Impact Fee and Park Facility Fee Nexus Studies.

RECOMMENDED ACTION
Staff recommends City Council adopt a resolution authorizing supplemental appropriations of carryforward budgets, $41,332 from the Traffic Impact Fee Fund 510 to the FY 2024-25 engineering operating budget to complete the Traffic Impact Fee Nexus Study and $25,278 from the Park Fee - AB 1600 Fund 512, to the FY 2024-25 engineering operating budget to complete the Park Facility Fee Nexus Study.

SUMMARY
Traffic Impact Fee and Park Facility Fee Nexus Studies are currently being updated with Traffic Impact and Park Facility fee funds included in the FY 2023-24 engineering operating budgets of $80,000 and $35,000, respectively. City of Livermore (City) staff is coordinating with consultants to ensure that required general plan data is utilized consistently in both studies. As a result, there have been certain delays in the completion of the studies and all of the budgeted funds were not spent in FY 2023-24.

Supplemental appropriations totaling the amount of unspent funds from the FY 2023-24 Traffic Impact Fee Fund 510 ($41,332) and the Park Fee Fund 512 ($25,278) into the appropriate FY 2024-25 operating budgets are required to pay for the completion of these studies.

DISCUSSION
City staff is conducting updates to the Park Facility (Park) and Traffic Impact Fee (TIF) Nexus Studies.

These studies will identify park and street improvements required for General Plan build out. Additionally, the studies will identify any required adjustments to current Park and TIF development fees.

As part of the update, staff has been coordinating with their consultants making sure the required General Plan data is utilized consistently in both studies. Staff has also been coordinating with Administrative Services and Housing and Human Services who are in the process of conducting other nexus studies. The City’s Traffic Impact Fee Study started first, and the consultant for the study has 449
generated the model that the other studies will be utilizing to ensure consistency in the data evaluated in each study.

As a result, there have been delays in the completion of both the Park and TIF studies while City staff and consultants make sure the model being used is accurate, consistent, and shared with the other City departments. This has delayed the spending of the initial anticipated FY 2023-24 budgeted funds.

FISCAL AND ADMINISTRATIVE IMPACTS
As of the close of FY 2023-24, the City has spent $38,668 of the $80,000 budgeted in FY 2023-24 from the Traffic Impact Fee Fund 510 and $9,722 of the $35,000 budgeted in FY 2023-24 from the Park Fee Fund 512. The studies are not complete and, as a result, supplemental appropriations totaling the amount of unspent funds from the FY 2023-24 Traffic Impact Fee Fund ($41,332) and the Park Fee Fund ($25,278) into the appropriate FY 2024-25 operating budgets are required to pay for the completion of these studies.

PILLAR
5: A City That Works
GOAL
14: Develop, operate, and maintain the City's infrastructure

ATTACHMENTS

1. Resolution
Prepared by: Mike Pato
Management Analyst II
Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
450
RESOLUTION NO.

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA A RESOLUTION AUTHORIZING SUPPLEMENTAL APPROPRIATIONS OF $41,332 FROM THE TRAFFIC IMPACT FEE FUND 510 AND $25,278 FROM THE PARK FEEAB 1600 FUND 512 TO COMPLETE THE TRAFFIC IMPACT FEE AND PARK

FACILITY FEE NEXUS STUDIES
The City of Livermore (“City”) is currently updating its Traffic Impact Fee and Park Facility Fee Nexus Studies with FY 2023-24 engineering operating budgets of $80,000 and $35,000, respectively. City staff is coordinating with consultants to ensure the required general plan data is utilized consistently in both studies. As a result, there have been certain delays in the completion of the studies and, therefore, the City did not spend the total budgeted funds for the respective studies during FY 2023-24.

As of the close of FY 2023-24, the City has spent $38,668 of the $80,000 budgeted in FY 2023-24 from the Traffic Impact Fee Fund 510 and $9,722 of the $35,000 budgeted in FY 2023-24 from the Park Fee Fund 512 on the respective nexus studies. The studies are not complete and, as a result, supplemental appropriations totaling the amount of unspent funds from the FY 2023-24 Traffic Impact Fee Fund ($41,332) and the Park Fee Fund ($25,278) into the appropriate FY 2024-25 operating budgets are required to pay for the completion of these studies.

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

1. Authorizes a supplemental appropriation of $41,332 from the Traffic Impact Fee Fund 510 to the FY 2024-25 engineering operating budget to complete the Traffic Impact Fee Nexus Study.

2. Authorizes a supplemental appropriation of $25,278 from the Park Fee-AB 1600 Fund 512 to the FY 2024-25 engineering operating budget to complete the Park Facility Fee Nexus Study.

On motion of Council Member , seconded by Council
Member , the foregoing resolution was passed and adopted on September 9, 2024, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ATTEST: APPROVED AS TO FORM:
/s/ Tara Mazzanti
Deborah L. Elam Tara Mazzanti
Acting City Clerk Assistant City Attorney
451
CITY COUNCIL STAFF REPORT ITEM NO. 5.12
DATE: September 9, 2024
TO: Honorable Mayor and City Council
FROM: Brent Smith, Community Development Director
SUBJECT: Resolution authorizing the execution of a second amendment to the Standard Services Agreement with the County of Alameda for Tri-Valley Shelter Programs operating subsidies to extend the term through June 30, 2025.

RECOMMENDED ACTION
Staff recommends the City Council adopt a resolution:

1. Authorizing the City Manager, or her designee, to execute the Second Amendment to the Standard Services Agreement with the County of Alameda, attached hereto as Exhibit A, to extend the term of the Standard Services Agreement through June 30, 2025.

2. Authorizing the City Manager, or her designee, to execute all subsequent amendments to the Standard Services Agreement with the County of Alameda that extend the term of the Standard Services Agreement beyond June 30, 2025, so that the City and subrecipients may expend remaining HHAP funds.

3. Authorizing the City Manager, or her designee, to sign all documents related to the execution of grant agreements and, as appropriate, amended grant agreements with agencies receiving allocations of HHAP Rounds 3 and 4 funds from the City of Livermore, including agreements and amended agreements with agencies in amounts exceeding $200,000, consistent with the requirements of the Standard Services Agreement and all amendments thereto.

4. Authorizing the City Manager, or her designee, to take whatever actions are necessary and appropriate to carry out the purpose and intent of this resolution, including approving minor changes to the proposed agreement attached hereto as Exhibit A.

SUMMARY
On February 7, 2023, the Alameda County Board of Supervisors approved $423,010 to the City of Livermore for HHAP Rounds 1 and 2 (October 1, 2022 - June 30, 2023) to provide operating subsidies in new and existing affordable supportive housing units at Goodness Village and Tri-Valley Haven’s Emergency Shelter. The City and County entered into a Standard Services Agreement.

On October 24, 2023, the Alameda County Board of Supervisors approved the First Amendment of the 452
Standard Services Agreement. This First Amendment extended the term of the Standard Services Agreement through June 30, 2024, and appropriated $439,426 in HHAP Rounds 3 and 4 funds to the City to provide permanent, supportive housing, rental assistance and operating subsidies to Housing Consortium of the East Bay, Tri-Valley Haven and CityServe of the Tri-Valley.

On July 23, 2024, the Alameda County Board of Supervisors approved a second amendment to the Standard Services Agreement, extending the term of October 1, 2022 – June 30, 2024, by 12 months to June 30, 2025.

DISCUSSION
On July 31, 2019, Governor Newsom signed AB 101 into law, which established the HHAP Grant Program. The $2.95 billion in HHAP funds will be released in four rounds of funding through 2027. The block grant funding is set aside for large cities (300,000+ population), all California counties, and all Continuums of Care. Eligible large cities, counties, and Continuums of Care must submit a community plan to the State for approval prior to funding being released.

The $650 million State HHAP block grant is to support regional coordination and expand or develop local capacity to address immediate homelessness challenges in Continuums of Care (CoCs), large cities and counties. The funding allocation for each eligible entity is calculated based on the 2022 Point-In-Time Count. Alameda County was awarded $8,815,938 in total HHAP block grant funding.

The County of Alameda entered into a grant agreement with the State of California Homeless Coordinating and Financing Council for the HHAP Program which provides block grant funds to move homeless individuals and families into permanent housing and ensures those individuals and families maintain their permanent housing.

On April 25, 2022, the City Council adopted resolution 2022-061, ensuring the use of HHAP funds to support implementation of the State-approved, Alameda County Home Together Plan.

On February 7, 2023, the Alameda County Board of Supervisors approved $423,010 to City of Livermore for HHAP Rounds 1 and 2. On February 14, 2023, the County and the City entered into a Standard Services Agreement whereby the County retained the City to provide operating subsidies in new and existing affordable supportive housing units at Goodness Village and Tri-Valley Haven’s Emergency Shelter.

On October 24, 2023, Alameda County Board of Supervisors approved HHAP Rounds 3 and 4, and a First Amendment to the Standard Services Agreement, extending the agreement to June 30, 2024, increasing the total not-to-exceed amount from $423,010 to $862,436 (a $439,426 increase) and adding additional projects and allowable services. On November 20, 2023, the County and City entered into the First Amendment to Standard Services Agreement whereby the County retained the City to provide permanent, supportive housing, rental assistance and operating subsidies at Vineyard, CityServe of the Tri-Valley and Tri-Valley Haven’s Emergency Shelter.

As of June 30, 2024, the following HHAP funds have been expended:

Provider Awarded Amount Expended Amount Remaining Amount 453
CityServe $19,000 $17,962 $1,038
Tri-Valley Haven $333,316 $279,326 $53,990
Vineyard $401,660 $211,573 $190,087
On July 23, 2024, Alameda County Board of Supervisors approved HHAP Rounds 3 and 4 Second Amendment to the Standard Services Agreement extending the agreement to June 30, 2025, with no change to project, allowable services, or the total not-to-exceed amount of $862,436. Staff anticipate no issues with expending the remaining funds by June 30, 2025.

FISCAL AND ADMINISTRATIVE IMPACTS
None

COMMUNITY PILLAR
1: A Safe Community that Thrives

GOAL CATEGORY
8: Expand and improve access to human services

ATTACHMENTS

1. Resolution

2. Exhibit A - Second Amendment
Prepared by: Shelly Haynes
Management Analyst
Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
454
RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING THE EXECUTION OF A SECOND

AMENDMENT TO THE STANDARD SERVICES AGREEMENT WITH

THE COUNTY OF ALAMEDA FOR TRI-VALLEY SHELTER

PROGRAMS OPERATING SUBSIDIES TO EXTEND THE TERM
THROUGH JUNE 30, 2025
The County of Alameda entered into a Grant Agreement with the State of California, Homeless Coordinating and Financing Council for the Homeless Housing Assistance and Prevention (“HHAP”) Program authorized by AB 101, which provides block grant funds to move homeless individuals into permanent housing and ensure those individuals maintain their permanent housing.

On February 7, 2023, the Alameda County Board of Supervisors allocated $423,010 in HHAP Rounds 1 and 2 funds to the City of Livermore. On February 14, 2023, the City of Livermore (“City”) and Alameda County (“County”) entered into a Standard Services Agreement whereby the County retained the City to provide certain operating subsidies to Goodness Village and Tri-Valley Haven. The City subsequently entered into subrecipient grant agreements with Goodness Village and Tri-Valley Haven.

On October 24, 2023, the Alameda County Board of Supervisors approved the First Amendment to the Standard Services Agreement, which extended the term of the Standard Services Agreement through June 30, 2024, and allocated $439,426 in HHAP Rounds 3 and 4 funds to the City. On November 13, 2023, the City Council adopted Resolution No. 2023-204, accepting the additional funds and authorizing the City Manager to execute all necessary subrecipient agreements and amendments thereto.

The City Manager subsequently executed said agreements.

On July 23, 2024, the Alameda County Board of Supervisors approved the Second Amendment to the Standard Services Agreement, which extends the term of the Standard Services Agreement through June 30, 2025, allowing additional time to expend remaining HHAP Rounds 3 and 4 funds.

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

1. Authorizes the City Manager, or her designee, to execute the Second Amendment to the Standard Services Agreement with the County of Alameda, attached hereto as Exhibit A, to extend the term of the Standard Services Agreement through June 30, 2025.

2. Authorizes the City Manager, or her designee, to execute all subsequent amendments to the Standard Services Agreement with the County of Alameda that extend the term of the agreement beyond June 30, 2025, so that the City and subrecipients may expend the remaining HHAP funds.
455
RESOLUTION NO. ________

3. Authorizes the City Manager, or her designee, to sign all documents related to the execution of grant agreements and, as appropriate, amended grant agreements with agencies receiving allocations of HHAP funds from the City of Livermore, including agreements and amended agreements with agencies in amounts exceeding $200,000, consistent with the requirements of the Standard Services Agreement and all amendments thereto.

4. Authorizes the City Manager, or her designee, to take whatever actions are necessary and appropriate to carry out the purpose and intent of this resolution, including approving minor changes to the proposed agreement attached hereto as Exhibit A.

On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on September 9, 2024, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Molly O’Toole
Deborah L. Elam Molly O’Toole
Acting City Clerk Deputy City Attorney
Exhibit A – Second Amendment to the Standard Services Agreement with the County of Alameda
456

EXHIBIT A
457

EXHIBIT A
458

EXHIBIT A
459

EXHIBIT A
460

EXHIBIT A
461

EXHIBIT A
462

EXHIBIT A
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EXHIBIT A
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EXHIBIT A
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EXHIBIT A
466

EXHIBIT A
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EXHIBIT A
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EXHIBIT A
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EXHIBIT A
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EXHIBIT A
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EXHIBIT A
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EXHIBIT A
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EXHIBIT A
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EXHIBIT A
476
CITY COUNCIL STAFF REPORT ITEM NO. 5.13
DATE: September 9, 2024
TO: Honorable Mayor and City Council
FROM: Brent Smith, Community Development Director
SUBJECT: Resolution authorizing the execution of an Inter-Governmental Collaboration Agreement with the County of Alameda and Alameda County Cities and Housing Authorities for the completion of the Assessment of Fair Housing. The total agreement amount is $86,885 and the City’s share of the agreement cost is approximately $2,000.

RECOMMENDED ACTION
Staff recommends the City Council adopt a resolution authorizing the execution an Inter-Governmental Collaboration Agreement with the County of Alameda and Alameda County Cities and Housing Authorities for the completion of the Assessment of Fair Housing. The total agreement amount is $86,885 and the City’s share of the agreement cost is approximately $2,000.

SUMMARY
Every five years, the U.S. Department of Housing and Urban Development (HUD) requires jurisdictions to complete an Assessment of Fair Housing and submit a new Regional Analysis of Impediments to Fair Housing (AI) report. The AI report identifies and evaluates fair housing issues and factors contributing to fair housing impediments in all cities within Alameda County. The last report was completed in February 2020. The County, along with the other cities and housing authorities in the County, is creating a new regional AI report covering FY 2025 through 2029.

As the lead agency, Alameda County hired TDA Consulting Inc. to compose the report and facilitate the comprehensive process. Alameda County would like to enter into an Inter-Governmental Collaboration Agreement with the City of Livermore as the mechanism to fund hiring the consultant, who will be responsible for the Assessment of Fair Housing data gathering, development and completion of the AI report to meet HUD and California AB686 requirements.

DISCUSSION
Alameda County, along with the cities and housing authorities within the County, is required to prepare an Analysis of Impediments to Fair Housing (AI) in order to continue receiving funding from the U.S.

Department of Housing and Urban Development (HUD) under the National Affordable Housing Act of 477
1990. The County is the lead agency in the development of a region-wide AI report, so there is a uniform approach in identifying the constraints and solutions to fair housing amongst all jurisdictions and housing authorities in the County.

On a regional basis, the AI report will include demographic profiles of the area. The report will also include a housing profile, impediments to fair housing, public policies and building requirements used in the approval of housing. The final section will report actions that the County and other participating members and agencies will take to address any identified impediments. The AI report will also reference the County-wide Housing Needs Assessment as well as all the Housing Elements in the County.

The current AI report was last updated in February 2020 in coordination with the City's five-year Consolidated Plan for HUD funding. In Spring 2025, the new five-year Consolidated Plan, covering FY 2025 through FY 2029, will be brought to City Council for adoption. This updated AI report will be a stand-alone portion of the Consolidated Plan submitted to HUD.

On March 15, 2024, Alameda County published a Request for Qualification (RFQ) to seek a HUDapproved consultant to prepare the regional Assessment of Fair Housing and AI report. Two qualified requests were received, reviewed and ranked by the County. TDA Consulting Inc. was rated as the top candidate and selected by the County as the consultant for this report.

The Inter-Governmental Collaboration Agreement is the mechanism for funding the hiring of the consultant, TDA Consulting Inc., who will be responsible for gathering data from each local jurisdiction in Alameda County, fair housing organizations, public housing authorities and the public. The consultant will utilize this data to develop and complete an AI report that meets HUD and State of California fair housing requirements. After completion, progress on the outcomes of programs and initiatives described in the AI report will be reported in the Consolidated Annual Progress and Evaluation Report (CAPER) submitted to HUD.

FISCAL AND ADMINISTRATIVE IMPACTS
Financing for the consultant will be shared between the County, the cities, and the housing authorities located within the County. City of Livermore’s share of the agreement will be approximately $2,000 and is eligible to be paid using the FY 2024-25 Administrative HOME Investment Partnership Program grant funds.

COMMUNITY PILLAR
1: A Safe Community that Thrives
GOAL
8: Expand and Improve Access to Human Services

ATTACHMENTS

1. Resolution

2. Exhibit A - Agreement
478
Prepared by: Amy Walker
Management Analyst 1
Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
479
RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA A RESOLUTION AUTHORIZING THE EXECUTUTION OF AN INTERGOVERNMENTAL COLLABORATION AGREEMENT WITH THE COUNTY OF

ALAMEDA AND ALAMEDA COUNTY CITIES AND HOUSING AUTHORITIES FOR

THE COMPLETION OF THE ASSESSMENT OF FAIR HOUSING
Every five years, the U.S. Department of Housing and Urban Development (“HUD”) requires jurisdictions to complete an Assessment of Fair Housing and submit a new Regional Analysis of Impediments to Fair Housing (“AI”) report in order to continue to receive funding from HUD under the National Affordable Housing Act of 1990. The AI report identifies and evaluates fair housing issues and factors contributing to fair housing impediments in all cities within Alameda County. The last report was completed in February 2020. The County of Alameda, along with the other cities and housing authorities in the County, is creating a new regional AI report covering FY 2025-2029.

Entities are encouraged to collaborate and utilize regional approaches to address fair housing issues and complete the AI report. As a result, the County of Alameda and Alameda County cities and housing authorities desire to collaborate on this new regional AI report and enter into the proposed Inter-Governmental Collaboration Agreement. The proposed agreement designates Alameda County is the lead agency in the development of a region-wide AI report and provides for the funding and the hiring of the consultant, TDA Consulting Inc., which will be responsible for the Assessment of Fair Housing data gathering and development and completion of the AI report to meet HUD and California AB686 requirements.

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

1. Authorizes the City Manager, or her designee, to execute an InterGovernmental Collaboration Agreement with Alameda County and Alameda County cities and housing authorities, attached hereto as Exhibit A, for the completion of the Assessment of Fair Housing and regional AI report.

2. Authorizes the City Manager, or her designee, to take whatever actions are necessary and appropriate to carry out the purpose and intent of this resolution, including approving minor changes to the proposed agreement.

On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on September 9, 2024, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
480
RESOLUTION NO. ________
ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Molly O’Toole
Deborah L. Elam Molly O’Toole
Acting City Clerk Deputy City Attorney
Exhibit A – Inter-Governmental Collaboration Agreement for the Completion of the Assessment of Fair Housing
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INTER GOVERNMENTAL COLLABORATION AGREEMENT

FOR THE

COMPLETION OF THE ASSESSMENT OF FAIR HOUSING

THIS INTER-GOVERMENTAL COLLABORATION AGREEMENT REGARDING COMPLETION OF THE ASSESSMENT OF FAIR HOUSING (“Agreement”) is dated for convenience as of ___________, 2024 by and among the County of Alameda, the City of Alameda, the City of Berkeley, the City of Fremont, the City of Hayward, the City of Livermore, the City of Oakland, the City of Pleasanton, the City of San Leandro, the City of Union City, the Housing Authority of the County of Alameda, the Housing Authority of the City of Alameda, the Berkeley Housing Authority, the Housing Authority of the City of Livermore, and the Housing Authority of the City of Oakland, hereinafter referred to as the Participating County, Cities and Agencies ("PCCA" ) and individually as "PCCA member(s)".

W ITNESSETH
WHEREAS, each PCCA member recognizes that the Department of Housing and Urban Development (HUD) Affirmatively Furthering Fair Housing Final Rule ("AFFH") requires jurisdictions to submit a fair housing assessment document that requires significant administrative efforts, and that HUD encourages regional and multi-jurisdictional submissions; and WHEREAS, the Analysis of Impediments (AI) tool, which HUD funded program participants must prepare and use to identify and evaluate fair housing issues, and factors contributing to fair housing issues in their defined geographic area; and WHEREAS, the AFFH encourages and provides methodology for regional approaches to address fair housing issues, including collaboration across jurisdictions and public housing agencies; and
WHEREAS, all PCCA members have one or more HUD funded programs and activities that require compliance with the AFFH and recognize that the AI is a comprehensive review of their respective laws, regulations, administrative policies, procedures and practices; and WHEREAS, the County of Alameda (the "County") will facilitate the competitive procurement and management of the consultant who will assist the PCCA with development of the AI plan and will assume the role of lead for the PCCA regional effort; and WHEREAS, all PCCA members recognize the efficiency of coordinating efforts to complete the AI by the HUD prescribed deadline for the County; and WHEREAS, the PCCA members have agreed to reimburse the County in an agreed upon proportionate amount to fund completion of the required meetings, plan, and submission documents; and
WHEREAS: the PCCA members agree that the participating county and cities, collectively, will fund a 65% share of the cost of the AI consultant fee and the Housing Authorities, collectively, will fund a 35% share of the total cost of the AI consultant fee.

NOW, THEREFORE, the parties hereto do mutually agree as follows:

EXHIBIT A
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1. Collaboration: The parties agree to jointly prepare a regional AI for Alameda County. Each member of the PCCA will perform the tasks outlined in Attachment A.

2. Funding: The parties agree to jointly fund the engagement of a consultant to develop a regional AI for Alameda County. Each member of the PCCA will contribute funds as described in Attachment A - “Project Consultant Fee Contribution and Scope of Work,” which is incorporated herein by reference.

3. Lead Agency: The County will act as lead agency in the development and completion of the regional AI, including the procurement and contracting for the AI consultant. As such, the County will, prepare all documents and undertake responsibilities set forth in Attachment A, which is incorporated herein by reference, that are required for completion of the AI. The County reserves the right to conduct the procurement and contracting process for all AI consultant pursuant to the County’s policies.

4. PCCA Responsibilities: Each PCCA member will be responsible for providing information about its respective policies and practices and other information as required by the consultant to complete the AI. The County will provide the information to the consultant and provide the information for the Unincorporated County.

5. Remittance: The PCCA members will each remit their respective AI Consultant Fee contributions to the County upon receipt of an invoice(s) based on the approved project budget (Attachment A).

6. Records Retention: The County will keep all documents relating to the AI readily accessible to the other PCCA members for at least ten years from the completion of the project.

7. Indemnification: Each PCCA member shall defend, hold harmless and indemnify each and every other PCCA member, their respective, elected officials, appointed officials, commissioners, members, officers, employees, and agents from any and all claims, loss, damage, injury, actions, causes of action and liability of every kind, nature, or description directly or indirectly arising out of or connected with the PCCA member’s performance under this Agreement, and any of that PCCA member's operations or activities related thereto, excluding the sole willful misconduct or gross negligence of the person or entity seeking to be defended, indemnified or held harmless.

8. Amendment: This Agreement may be altered only by written consent of each of the signatory parties.

9. Term: The term of this Agreement shall begin on June 1, 2024 and end on May 31, 2025, and may be extended or amended based on mutual agreement. a) This Agreement will automatically terminate if (i) the AI is no longer required by HUD and/or the terms of the Agreement have been satisfied, and (ii) all outstanding invoices have been paid.

EXHIBIT A
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10. Counterparts: This Agreement may be executed in counterparts, each of which shall be deemed an original, and each of which shall constitute together one instrument. The counterparts will be binding on each of the parties, even though the various parties may have executed separate counterparts.

EXHIBIT A
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COUNTY OF ALAMEDA, a political subdivision of the State of California Date: __________

Approved as to form:

Donna R. Ziegler, County Counsel

By: _____________________________
Caitlyn M. Gulyas
Deputy County Counsel
By signing above, signatory warrants and represents that he/she executed this Agreement in his/her authorized capacity and that by his/her signature on this Agreement, he/she or the entity upon behalf of which he/she acted, executed this Agreement.

By:

Sandi Rivera, CDA Director
Community Development Agency
224 West Winton Avenue, Room 110
Hayward CA 94544-1215

EXHIBIT A
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CITY OF ALAMEDA, a Municipal Corporation
By: Date:

Jennifer Ott, City Manager
Approved as to Form:

Len Aslanian, Assistant City Attorney
By signing above, signatory warrants and represents that he/she executed this Agreement in his/her authorized capacity and that by his/her signature on this Agreement, he/she or the entity upon behalf of which he/she acted, executed this Agreement.

EXHIBIT A
486

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CITY OF BERKELEY, a Municipal Corporation
By: Date:

Dee Williams-Ridley, City Manager
Attest: _______________________________
Mark Numainville, City Clerk
Approved as to Form:

Farimah Brown, City Attorney
By signing above, signatory warrants and represents that he/she executed this Agreement in his/her authorized capacity and that by his/her signature on this Agreement, he/she or the entity upon behalf of which he/she acted, executed this Agreement.

EXHIBIT A
487

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CITY OF FREMONT, a Municipal Corporation
BY: DATE:

Karena Shackelford, City Manager
Approved as to Form:

Rafael E. Alvarado, Jr., City Attorney
By signing above, signatory warrants and represents that he/she executed this Agreement in his/her authorized capacity and that by his/her signature on this Agreement, he/she or the entity upon behalf of which he/she acted, executed this Agreement.

EXHIBIT A
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CITY OF HAYWARD, a Municipal Corporation
By: Date:

Kelly McAdoo, City Manager
Attest:

Miriam Lens, City Clerk
Approved as to Form:

By: _________________________________
Michael S. Lawson, City Attorney
By signing above, signatory warrants and represents that he/she executed this Agreement in his/her authorized capacity and that by his/her signature on this Agreement, he/she or the entity upon behalf of which he/she acted, executed this Agreement.

EXHIBIT A
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CITY OF LIVERMORE, a Municipal Corporation
BY: DATE:

Marianna Marysheva, City Manager
Approved as to Form:

Molly O’Toole, Deputy City Attorney
By signing above, signatory warrants and represents that he/she executed this Agreement in his/her authorized capacity and that by his/her signature on this Agreement, he/she or the entity upon behalf of which he/she acted, executed this Agreement.

EXHIBIT A
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CITY OF OAKLAND, a Municipal Corporation
By: Date:

Jestin D. Johnson, City Administrator
Approved as to Form:

Barbara J. Parker, City Attorney
By signing above, signatory warrants and represents that he/she executed this Agreement in his/her authorized capacity and that by his/her signature on this Agreement, he/she or the entity upon behalf of which he/she acted, executed this Agreement.

EXHIBIT A
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CITY OF PLEASANTON, a Municipal Corporation
BY: DATE:

Gerry Beaudin, City Manager
Approved as to Form:

Daniel G. Sodergren, City Attorney
By signing above, signatory warrants and represents that he/she executed this Agreement in his/her authorized capacity and that by his/her signature on this Agreement, he/she or the entity upon behalf of which he/she acted, executed this Agreement.

EXHIBIT A
492

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CITY OF SAN LEANDRO, a Municipal Corporation
By: Date:

Frances M. Robustelli, City Manager
Attest:

_______________________________
Kelly B. Clancy, City Clerk
Approved as to Form:

Richard Pio Roda, City Attorney
By signing above, signatory warrants and represents that he/she executed this Agreement in his/her authorized capacity and that by his/her signature on this Agreement, he/she or the entity upon behalf of which he/she acted, executed this Agreement.

EXHIBIT A
493

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CITY OF UNION CITY, a Municipal Corporation
By: Date:

Joan Malloy, City Manager
Approve as to Form:

Kristopher Kokotaylo, City Attorney
By signing above, signatory warrants and represents that he/she executed this Agreement in his/her authorized capacity and that by his/her signature on this Agreement, he/she or the entity upon behalf of which he/she acted, executed this Agreement.

EXHIBIT A
494

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Housing Authority of the County of Alameda
By: Date:

Laura Broussard Rosen, Executive
Director
By signing above, signatory warrants and represents that he/she executed this Agreement in his/her authorized capacity and that by his/her signature on this Agreement, he/she or the entity upon behalf of which he/she acted, executed this Agreement.

EXHIBIT A
495

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Housing Authority of the City of Alameda
By: Date:

Vanessa Cooper, Executive Director
By signing above, signatory warrants and represents that he/she executed this Agreement in his/her authorized capacity and that by his/her signature on this Agreement, he/she or the entity upon behalf of which he/she acted, executed this Agreement.

EXHIBIT A
496

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Housing Authority of the City of Berkeley
BY: DATE:

James Williams, Executive Director
By signing above, signatory warrants and represents that he/she executed this Agreement in his/her authorized capacity and that by his/her signature on this Agreement, he/she or the entity upon behalf of which he/she acted, executed this Agreement.

EXHIBIT A
497

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Housing Authority of the City of Livermore
BY: DATE:

Sarah Ramler, Executive Director
By signing above, signatory warrants and represents that he/she executed this Agreement in his/her authorized capacity and that by his/her signature on this Agreement, he/she or the entity upon behalf of which he/she acted, executed this Agreement.

EXHIBIT A
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Housing Authority of the City of Oakland
BY: DATE:

Patricia Wells, Executive Director
Approve as to Form:

Jhaila Brown, General Counsel
By signing above, signatory warrants and represents that he/she executed this Agreement in his/her authorized capacity and that by his/her signature on this Agreement, he/she or the entity upon behalf of which he/she acted, executed this Agreement.

EXHIBIT A
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ATTACHMENT A
Alameda County Participating County, Cities and Agencies (PCCA) Inter-Governmental Collaboration Agreement for the
Completion of the Analysis of Impediments to Fair Housing Choice

PROJECT CONSULTANT FEE CONTRIBUTION
AND

SCOPE OF WORK

1. Project Funding Sources
Contributions based upon a shared contribution of 65% of costs paid between the County and City Jurisdictions collectively, and 35% of costs paid between the Housing Authorities collectively.
• The County and City Jurisdiction’s 65% contribution will be prorated among jurisdictions, resulting in the percentage indicated in Table A below, which is based upon the respective Community Development Block Grant total allocation and HOME funds for the HOME Consortium portion.
• Each Housing Authority’s 35% contribution will be prorated among jurisdictions based upon a base fee of $2,000 each, with any additional payment of funds prorated based on the percentage listed in Table B below, which is based upon HUD Annual Contributions Contract units.

Table A
County and Cities
County of Alameda
• Urban County Participating
Cities
• HOME Consortium

8.57%

11.21%
City of Alameda 5.48%
City of Berkeley 12.70%
City of Fremont 5.93%
City of Hayward 7.26%
City of Livermore 3.08%
City of Oakland 36.17%
City of Pleasanton 3.08%
City of San Leandro 3.45%
City of Union City 3.08%
Funds Available
County and Cities 100% of 65%

EXHIBIT A
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Table B
Housing Authorities (Agencies)
County of Alameda HA 26%
City of Alameda HA 8%
Berkeley HA 8%
Livermore HA 3%
Oakland HA 55%
Funds Available
Housing Authorities 100% of 35%
Total Contributions 100%
I. Project Budget
AI Consultant $86,885
II. Roles and Responsibilities
Lead Agency
As the Lead Agency, the County of Alameda’s tasks include but are not limited to:
• Provide day-to-day oversight and planning of activities to be undertaken throughout the AI plan process.
• Prepare a draft Request for Proposals (RFP) to select the AI Consultant.

Solicit comments from the PCCA members regarding the scope of the RFP.
• Prepare and issue the final RFP, taking into consideration input received from the PCCA members.
• Receive proposals and coordinate the rating and ranking process. • Contract with the selected AI consultant.
• Receive, review and pay invoices submitted by the AI consultant. • Coordinate requests for information submitted by the AI consultant to the PCCA members.
• The County reserves the right to control the manner in which these tasks are performed, including but not limited to withdraw or modify the RFP and to negotiate, approve or disapprove any proposed contract, and to modify or terminate a contract at its discretion.

PCCA Members
• Provide input on the preparation of the RFP for the AI consultant. • Participate in the AI consultant selection process through the input to the working group.
• Provide respective jurisdictional information to the AI consultant, HUD and other PCCA members as needed.

EXHIBIT A
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• Promote, market and host public workshops and any other forms of outreach mutually agreed upon by the PCCA members.
• Respond to written and oral comments in a timely manner as applicable.
• Participate in meetings and conference calls throughout the AI Plan process.
• Develop goals and priorities for their respective jurisdiction to be included in the AI Plan.
• Participate in joint analysis and joint goals to be included in the AI Plan.
• Review AI Plan drafts and return comments in accordance with timeline.
• Obtain respective board/commission approval of the AI Plan. • Pay invoices submitted by the Lead Agency within 30 days of receipt.

III. AI Consultant Scope of Work
The AI Consultant’s tasks will include but are not limited to:
• Completion of all final required components and deliverables of the Analysis of Impediments to Fair Housing Choice by the Contract deadline including public meetings, collection and analysis of public input, data analysis, form completion and report completion as required in the Alameda County Consultant Services Contract Scope of Work.
• Development of Assessment of Fair Housing plan and milestones for the PCCA members by June 30, 2024.
• Consult with PCCA representatives at agreed upon intervals and in the agreed upon method.
• Provide one printed copy and electronic version (Word or pdf) to each PCCA.

EXHIBIT A
502
CITY COUNCIL STAFF REPORT ITEM NO. 5.14
DATE: September 9, 2024
TO: Honorable Mayor and City Council
FROM: Brent Smith, Community Development Director
SUBJECT: Resolution authorizing the submission of an application to the State of California Housing and Community Development Department’s Local Housing Trust Fund (LHTF) Program in an amount not-to-exceed $5,000,000 for development phase 2 of the Pacific Avenue Senior Apartments, execution of an agreement with the State of California, and certification for expenditure of funds.

RECOMMENDED ACTION
Staff recommends the City Council adopt a resolution authorizing:

1. If City (the “Applicant) receives an award of LHTF funds from the Department pursuant to the Notice of Funding Availability (“NOFA”) dated July 9, 2024 under the LHTF Program, it represents and certifies that it will use all such funds on Eligible Projects in a manner consistent and in compliance with all applicable state and federal statutes, rules, regulations, and laws, including, without limitation, all rules and laws regarding the LHTF Program, as well as any and all contracts Applicant may have with the Department (“Eligible Project”);

2. The City of Livermore Affordable Housing Trust Fund to act as the manager or trustee (as applicable) in connection with the Department's funds to Eligible Projects pursuant to the NOFA in an amount not to exceed $5,000,000 (the "LHTF Award"), including administrative costs, pursuant to Section 105(b) of the LHTF Program Guidelines;

3. Agreement to match on a dollar-for-dollar basis the LHTF Award pursuant to Guidelines Section 104. Applicant hereby agrees to utilize matching funds on a dollar-for-dollar basis for the same Eligible Project for which Program Funds are used, as required by HSC Section 50843.5(c);

4. Pursuant to Exhibit A of the Resolution, the LHTF funds will be expended only for Eligible Projects and consistent with all program requirements.

5. Applicant shall be subject to the terms and conditions as specified in the Standard Agreement, H&S Section 50842.2 et seq. and LHTF Program Guidelines;

6. The City Manager, or her designee, is authorized to execute the LHTF Program Application, the LHTF Standard Agreement and any subsequent amendments or modifications thereto, as well as any other documents which are related to the Program or the LHTF Award to Applicant, as the Department may deem appropriate; and,

7. The City Manager, or her designee, to issue a Letter(s) of Intent, as defined by the State, to Eligible Projects to provide funding if awarded by the State. 503

SUMMARY
The State of California Housing and Community Development Department released a Notice of Funding Availability (NOFA) on July 9, 2024, for approximately $53 million for the Local Housing Trust Fund (LHTF) Program. The LHTF Program provides funding through a competitive process to support the new construction, rehabilitation, and preservation of permanent and transitional rental housing for lower income households. To qualify for the funds, awarded projects must provide matching local or regional housing trust funds in an amount equal to the LHTF request. One LHTF funding requirement is the adoption of a resolution authorizing the City’s application for the LHTF Funds with a description of the eligible projects. Staff recommends the City Council authorize the City to submit an application to the State for an amount not to exceed $5,000,000 to be used for permanent financing for development of phase 2 of the Pacific Avenue Senior Apartments, a 100% affordable, multifamily rental project. If approved, the City will use its contribution of land for the Pacific Avenue Senior Apartments project and other funding in the City’s Housing Trust fund as matching funds for the grant.

DISCUSSION
On January 25, 1999, the City of Livermore established the Affordable Housing Trust Fund to assist in increasing the City’s supply of affordable housing. On November 6, 2018, California voters adopted the Veterans and Affordable Housing Bond Act of 2018 (Proposition 1), which was authorized by Senate Bill 3 (Chapter 365, Statues 2017). The proposition authorized $4 billion in general obligation bonds for housing-related programs and designated $300 million of the Bond proceeds for the Local Housing Trust Fund (LHTF) Program.

On July 9, 2024, the State of California’s Department of Housing and Community Development issued a Notice of Funding Availability (NOFA) for the LHTF Program utilizing these funds. The LHTF Program provides dollar-for-dollar matching grants to local housing trust funds to support the new construction, rehabilitation, and preservation of permanent and transitional rental housing for lower income households. Eligible projects include multi-family housing projects, emergency shelters, transitional housing, permanent supportive housing, accessory dwelling units, rehabilitation projects, and affordable homebuyer projects.

The City applied for and received an allocation of $5,000,000 from the 2022 LHTF NOFA for the 140-unit Pacific Avenue Senior Apartments, to be developed by Satellite Affordable Housing Associates (SAHA) and Interfaith Housing (IFH). The project is located on land that is owned by the City of Livermore. The project was entitled in November 2021, and the development team has assembled all but the necessary tax credit financing to construct the first 80-unit phase. The financing plan anticipates using the City’s full $5,000,000 award of 2022 LHTF funds for phase 1 in order to make the project competitive for tax credits. Staff recommends the City apply to the State for additional LHTF funding for the future 60-unit phase 2 of the project which would be matched dollar-for-dollar using the appraised value of the land provided by the City or additional funds from the City’s housing trust up to an amount not-to-exceed the $5,000,000 grant maximum. If funds are received from the LHTF program, this could offset the need for additional funding for phase 2 from the City. A financing plan for phase 2 would be developed following the completion of financing for phase 1.

LHTF application requirements include a City Council Resolution approving the funding request and 504
authorizing the City Manager to enter into a Standard Agreement with the State of California for use of the funds if an application is awarded. Staff also recommends City Council direct staff to issue the necessary Letter of Intent to fund the Pacific Avenue Senior Apartments project with any LHTF funds awarded by the State to demonstrate a commitment of the funds. The City must submit a completed application electronically through the Housing and Community Development Department’s website by September 17, 2024. If successful, the City would be notified in December and staff would return to City Council with recommendations for specific appropriations of funding to the project.

FISCAL AND ADMINISTRATIVE IMPACTS
The LHTF Program requires the funding request be matched by local housing trust funds on a dollar-fordollar basis from qualified dedicated sources. Dedicated sources of funds include taxes, fees and loan repayments, public or private contributions, land donations, and grants. The City of Livermore would satisfy this requirement by using Affordable Housing Trust Funds (F611) as well as the appraised value of contribution of land for the Pacific Avenue project, which exceeds $8,000,000.

COMMUNITY PILLAR
1: A Safe Community that Thrives
GOAL
7: Expand and preserve the supply of affordable housing opportunities.

ATTACHMENTS

1. Resolution

2. Exhibit A - Summary of Local Housing Trust Fund Projects Prepared by: Fran Earl
Housing and Human Services
Manager
Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
505
RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING SUBMISSION OF AN APPLICATION TO THE

STATE OF CALIFORNIA HOUSING AND COMMUNITY DEVELOPMENT
DEPARTMENT’S LOCAL HOUSING TRUST FUND (LHTF) PROGRAM IN AN AMOUNT NOT-TO-EXCEED $5,000,000, EXECUTION OF THE STANDARD

AGREEMENT WITH THE STATE OF CALIFORNIA, AND CERTIFICATION FOR

EXPENDITURE OF FUNDS
The State of California (the “State”), Department of Housing and Community Development (“Department”) is authorized to provide up to $53 million under the Local Housing Trust Fund (“LHTF”) Program from the Veterans and Affordable Housing Bond Act of 2018 (Proposition 1) as described in Health and Safety Code (HSC) section 50842.2 et seq. (Chapter 365, Statutes of 2017 (SB 3)) (“Program”).

The Department issued a Notice of Funding Availability (“NOFA”) dated July 9, 2024, under the LHTF Program.

The City of Livermore (the “Applicant”) Affordable Housing Trust Fund is an eligible Local Housing Trust Fund applying to the Program to administer one or more eligible activities using Program Funds.

The Department may approve funding allocations for the LHTF Program, subject to the terms and conditions of HSC Section 50842.2 et seq., the LHTF Program Guidelines (“Guidelines”) and Program requirements, NOFA, the LHTF Standard Agreement and other related contracts between the Department and LHTF award recipients.

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

1. Represents and certifies that, if the City of Livermore receives an award of LHTF funds from the Department pursuant to the above referenced LHTF NOFA, it will use all such funds on Eligible Projects in a manner consistent and in compliance with all applicable state and federal statutes, rules, regulations, and laws, including, without limitation, all rules and laws regarding the LHTF Program, as well as any and all contracts it may have with the Department (“Eligible Project”).

2. Authorizes the City of Livermore Affordable Housing Trust Fund to act as the manager or trustee (as applicable) in connection with the Department's funds to Eligible Projects pursuant to the above described NOFA in an amount not to exceed $5,000,000 (the "LHTF Award"), including administrative costs, pursuant to Section 105(b) of the Guidelines. 506
RESOLUTION NO. ________

3. Agrees to match on a dollar-for-dollar basis the LHTF Award pursuant to Guidelines Section 104 and agrees to utilize matching funds on a dollar-fordollar basis for the same Eligible Project for which Program Funds are used, as required by HSC Section 50843.5(c).

4. Agrees that pursuant to Exhibit A, and the City of Livermore’s certification in this resolution, the LHTF funds will be expended only for Eligible Projects and consistent with all program requirements.

5. Agrees that the City shall be subject to the terms and conditions as specified in the Standard Agreement, HSC Section 50842.2 et seq. and LHTF Program Guidelines.

6. Authorizes the City Manager, or her designee, to execute the LHTF Program Application, the LHTF Standard Agreement and any subsequent amendments or modifications thereto, as well as any other documents which are related to the Program or the LHTF Award to the City of Livermore, as the Department may deem appropriate.

7. Authorizes the City Manager, or her designee, to issue a Letter(s) of Intent, as defined by the State, to provide funding to Eligible Projects if awarded by the State.

On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on September 9, 2024, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Katherine Mirassou
Deborah L. Elam Katherine Mirassou
Acting City Clerk Deputy City Attorney
Exhibit A – Summary of Local Housing Trust Fund Projects 507

SUMMARY OF LOCAL HOUSING TRUST FUND PROJECTS
Program & Matching
Fund Activity
Percent of
LHTF Funds
Requested
Eligible Projects Total
Units
Area Median Income Levels City Match Sources
Construction and/or
permanent financing loans
for affordable rental
housing projects
100% Pacific Senior
Apartments
140 Project units will serve
households at the 30%, 50%
and 60% AMI levels
Affordable Housing Trust Funds
& Land Donation

EXHIBIT A
508
CITY COUNCIL STAFF REPORT ITEM NO. 5.15
DATE: September 9, 2024
TO: Honorable Mayor and City Council
FROM: Judy Erlandson, Acting Public Works Director
SUBJECT: Resolution authorizing the issuance of a purchase order for three replacement Chevrolet Police Patrol Vehicles from Winner Chevrolet in an amount not-to-exceed $220,707.

RECOMMENDED ACTION
Staff recommends the City Council adopt a resolution authorizing issuance of a purchase order to Winner Chevrolet in Sacramento, California for the purchase of three replacement Chevrolet Police Patrol Vehicles under Statewide Contract #1-22-23-23D for a not-to-exceed amount of $220,707.

SUMMARY
Based on the City of Livermore's Fleet Policy and the 25-year Fleet Replacement Plan, it is time to replace three existing police patrol vehicles. Staff has determined that the unit that best meets the needs of the Police Department is the 2024 Chevrolet Police Patrol Vehicle, and Winner Chevrolet in Sacramento, California is the local statewide contractor for Chevrolet Enforcement and Police Pursuit vehicles.

DISCUSSION
The Police Department currently operates 38 marked patrol cars for community protection and emergency services. The City’s Fleet Policy recommends police patrol units be evaluated for replacement based on the following factors:

1. In service for four years or more.

2. Odometer reading greater than 85,000 miles.

3. Annual maintenance and operational costs.

4. Overall condition of the vehicle.

Three patrol vehicles were identified for replacement during the budget preparation process for FY 2024-

25. Three 2016 Ford Utilities were recommended for replacement due to the age, high mileage, increased operational costs, and the poor condition of the vehicles. If these patrol vehicles are not replaced, the maintenance and operating costs, downtime, and out-of-service frequency will continue to 509
increase, and it will have an adverse effect on the City’s ability to respond to emergency and routine response calls. Replacing these three vehicles with the Chevrolet Police Patrol Vehicles will better fit the equipment and gear the sergeants are required to have.

Under Livermore Municipal Code Section 2.68.360 of the City’s Contract and Purchase Ordinance permits the purchases of certain good and services through qualifying cooperative purchasing programs.

Livermore Municipal Code section 2.68.370 permits the City to participate in cooperative purchasing programs if the underlying purchase was made using a quotation or bid procedure at least as restrictive as the City's.

Staff recommends purchasing these replacement vehicles utilizing Statewide Contract 1-22-23-23D. The Statewide Contract bid procedure for the replacement vehicles meets the City’s municipal code requirement, and therefore, can be awarded to Winner Chevrolet. The Department of General Services (DGS) Procurement Division (PD) sets state procurement policies and provides purchasing services. It delegates purchasing authority; certifies small and/or disabled veteran businesses to do business with the state; sponsors the Small Business Council; participates in the Disabled Veterans Business Enterprise Council; and provides innovative purchasing methods that save taxpayers' dollars, integrating quality solutions to meet customers' needs. The State’s Statewide Contracts for Fleet Vehicles provide Fleet Vehicles at contracted pricing to the State of California and local governmental agencies. The purchase through Statewide Contract 1-22-23-23D will expedite the delivery of these replacement vehicles.

FISCAL AND ADMINISTRATIVE IMPACTS
The replacement purchase of these three vehicles is budgeted in the Fleet Services Internal Service Fund (610) for FY 2024-25 and is identified in the Fleet 25-Year replacement plan.

COMMUNITY PILLAR
1: A City That Works
GOAL
14: Develop, operate, and maintain the City’s infrastructure.

ATTACHMENTS

1. Winner Chevrolet Statewide Contract

2. Winner Chevrolet Quote

3. Resolution
Prepared by: Scott Kooreman
Public Works Supervisor
510
Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
511
Department of General Services
Procurement Division
707 Third Street, 2nd Floor
West Sacramento, CA 95605-2811
State of California

STATEWIDE CONTRACT
USER INSTRUCTIONS All changes to most recent Supplem ent are in bold red italic. Additi ons ar e enclosed in asterisks, *, and deleti ons are enclosed in br ackets, [].

MANDATORY
*Supplement 25*
*(Incorporates Supplements 1 – 25)*
ISSUE AND EFFECTIVE DATE: *7/22/2024*
CONTRACT NUMBER: 1-22-23-23 B through I
DESCRIPTION: Fleet Vehicles – Vans & SUVs
CONTRACTOR(S): Ocean Honda (1-22-23-23B)
Freeway Toyota (1-22-23-23C)
Winner Chevrolet (1-22-23-23D)
Elk Grove Auto (1-22-23-23E)
Downtown Ford (1-22-23-23F)
Watsonville Fleet Group (1-22-23-23G)
US Fleet Source (1-22-23-23H)
CA Car Group (1-22-23-23I)
CONTRACT TERM: 05/01/2022 through 04/30/2026 B-F &
H-I
05/01/2022 through 04/30/2025 G
STATE CONTRACT ADMINISTRATOR: Frank Martin
279-946-8035
[email protected]
The contract user instructions, products, and pricing are included herein. All purchase documents issued under this contract incorporate the contract terms and applicable California General Provisions:

Non-IT General Provisions (rev 11/19/2021)
Cal eProcure link: www.caleprocure.ca.gov
ATTACHMENT 1
512

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-23 B-I
Contract User Instructions, *Supplement 25*
Contract 1-22-23-23 B-I Page 2 *7/22/2024*
User Instructions
All changes to most recent Supplement are in bold red italic. Additions are enclosed in asterisks; deletions are enclosed in brackets.

SUMMARY OF CHANGES
Supplement
Number Description/Articles Supplement
Date
*25*  *Added Section 30 – Vetted
Forms/Certifications. * *7/22/2024*
24  Attachment A – Contract Pricing –
Supplement 22 has been replaced with
Attachment A – Contract Pricing –
Supplement 24.
07/05/2024
23  Cover Page: Extension of Contracts 23-
23B, 23-23C, 23-23D,23-23E, 23-23F, 23-
23H, and 23-23I.
 Articles 8, 12, 22, and 33: updated
language.
 Attachment D – Vehicle Specifications
Supplement 1: was replaced with
Attachment D – Vehicle Specifications
Supplement 23.
06/11/2024
22  Termination of Contract 1-22-23-23A.
 Cover Page and Articles 1, 8, 12, 22, 25,
26, and 33: updated language.
 Attachment A – Contract Pricing –
Supplement 21: replaced with Attachment
A – Contract Pricing – Supplement 22.
04/19/2024
21  Attachment A – Contract Pricing –
Supplement 20 has been replaced with
Attachment A – Contract Pricing –
Supplement 21.
04/05/2024
20  Attachment A – Contract Pricing –
Supplement 19 has been replaced with
Attachment A – Contract Pricing –
Supplement 20.
02/29/2024
19  Attachment A – Contract Pricing –
Supplement 18 has been replaced with
Attachment A – Contract Pricing –
Supplement 19.
01/12/2024
ATTACHMENT 1
513

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-23 B-I
Contract User Instructions, *Supplement 25*
Contract 1-22-23-23 B-I Page 3 *7/22/2024*
User Instructions
18  *Attachment A – Contract Pricing –
Supplement 17 has been replaced with
Attachment A – Contract Pricing –
Supplement 18 due to price correction for
previous supplement.
01/04/2024
17  Attachment A – Contract Pricing –
Supplement 15 has been replaced with
Attachment A – Contract Pricing –
Supplement 17.
12/22/2023
16  Lithia Nissan contact information updated.
 Downtown Ford contact information
updated.
12/12/2023
15  Attachment A – Contract Pricing –
Supplement 14 has been replaced with
Attachment A – Contract Pricing –
Supplement 15
11/17/2023
14  Attachment A – Contract Pricing –
Supplement 13 has been replaced with
Attachment A – Contract Pricing –
Supplement 14
11/15/2023
13  Attachment A – Contract Pricing –
Supplement 12 has been replaced with
Attachment A – Contract Pricing –
Supplement 13
10/31/2023
12  Attachment A – Contract Pricing –
Supplement 11 has been replaced with
Attachment A – Contract Pricing –
Supplement 12
09/21/2023
11  Attachment A – Contract Pricing –
Supplement 10 has been replaced with
Attachment A – Contract Pricing –
Supplement 11
8/31/2023
10  Attachment A – Contract Pricing –
Supplement 8 has been replaced with
Attachment A – Contract Pricing –
Supplement 10.
8/24/2023
9  Update State Contract Administrator
information. 08/04/2023
ATTACHMENT 1
514

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-23 B-I
Contract User Instructions, *Supplement 25*
Contract 1-22-23-23 B-I Page 4 *7/22/2024*
User Instructions
8  Attachment A – Contract Pricing –
Supplement 7 has been replaced with
Attachment A – Contract Pricing –
Supplement 8
07/28/2023
7  Attachment A – Contract Pricing –
Supplement 6 has been replaced with
Attachment A – Contract Pricing –
Supplement 7
 Downtown Ford’s email address has been
updated
06/16/2023
6  Attachment A – Contract Pricing –
Supplement 5 has been replaced with
Attachment A – Contract Pricing –
Supplement 6
01/23/2023
5  Attachment A – Contract Pricing –
Supplement 4 has been replaced with
Attachment A – Contract Pricing –
Supplement 5
12/06/2022
4  Attachment A – Contract Pricing –
Supplement 3 has been replaced with
Attachment A – Contract Pricing –
Supplement 4
11/04/2022
3  Attachment A – Contract Pricing –
Supplement 2 has been replaced with
Attachment A – Contract Pricing –
Supplement 3
 Contact Information for Downtown Ford
has been updated
09/19/2022
2  Attachment A – Contract Pricing –
Supplement 1 has been replaced with
Attachment A – Contract Pricing –
Supplement 2
08/16/2022
1  Attachment A – Contract Pricing has been
replaced with Attachment A – Contract
Pricing – Supplement 1
 Attachment D – Vehicle Specifications has
been added
 Article 25 – Payments, language has been
modified
05/26/2022
N/A Original Contract Posted 05/01/2022
All other terms and conditions remain the same.

ATTACHMENT 1
515

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-23 B-I
Contract User Instructions, *Supplement 25*
Contract 1-22-23-23 B-I Page 5 *7/22/2024*
User Instructions
ATTACHMENT 1
516

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-23 B-I
Contract User Instructions, *Supplement 25*
Contract 1-22-23-23 B-I Page 6 *7/22/2024*
User Instructions
ATTACHMENT 1
517

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-23 B-I
Contract User Instructions, *Supplement 25*
Contract 1-22-23-23 B-I Page 7 *7/22/2024*
User Instructions
SCOPE
The State’s contracts provide Fleet Vehicles - Vans & SUVs at contracted pricing to the State of California and local governmental agencies in accordance with the requirements of Contract # 1-22-23-23 B – I. The contractors shall supply the entire portfolio of products as identified in the contract and will be the primary point of contact for data collection, reporting, and distribution of Fleet Vehicles - Vans & SUVs to the State.

The contract term is for three (3) years with an option to extend the contract for two (2) additional one (1) year periods or portion thereof. The terms, conditions, and prices for the contract extension option shall be by mutual agreement between the contractor and the State. If a mutual agreement cannot be met the contract may be terminated at the end of the current contract term.

CONTRACT USAGE/RULES
A. State Departments
• The use of this contract is mandatory for State of California departments. State Departments may purchase any vehicle that is awarded to each line item. This contract does not include ranking.
• State departments must adhere to all applicable State laws, regulations, policies, best practices, and purchasing authority requirements, e.g. California Codes, Code of Regulations, State Administrative Manual, Management Memos, and State Contracting Manual Volume 2 and SCM-F as applicable. • Prior to placing orders against this contract, State departments must have been granted non-IT purchasing authority by the Department of General Services, Procurement Division (DGS-PD) for the use of this statewide contract. State departments that have not been granted purchasing authority by DGS-PD for the use of the State’s statewide contracts may contact DGS-PD’s Purchasing Authority Management Section by e-mail at [email protected].
• Departments must have a Department of General Services (DGS) agency billing code prior to placing orders against this contract. Ordering departments may contact their Purchasing Authority contact or their department’s fiscal office to obtain this information.

B. Local Governmental Agencies
• Local governmental agency use of this contract is optional. • Local government agencies are defined as “any city, county, city and county, district or other governmental body or corporation”, per Public Contract Code Chapter 2, Section 10298 (b), empowered to expend public funds for the acquisition of products; this includes the California State Universities (CSU) and University of California (UC) systems, K-12 schools and community colleges. While the State makes this contract available to local governmental agencies, each local ATTACHMENT 1
518

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-23 B-I
Contract User Instructions, *Supplement 25*
Contract 1-22-23-23 B-I Page 8 *7/22/2024*
User Instructions
governmental agency should determine whether this contract is consistent with its procurement policies and regulations.
• Local governmental agencies shall have the same rights and privileges as the State under the terms of this contract. Any agencies desiring to participate shall be required to adhere to the same responsibilities as do State agencies and have no authority to amend, modify or change any condition of the contract. • A DGS issued billing code is not required for local governmental agencies to place orders against this contract.

C. Unless otherwise specified within this document, the term “ordering agencies” will refer to all State departments and/or local governmental agencies eligible to utilize this contract. Ordering and/or usage instructions exclusive to State departments or local governmental agencies shall be identified within each article.

DGS ADMINISTRATIVE FEES
A. State Departments
The DGS will bill each State department an administrative fee for use of this statewide contract. The administrative fee should NOT be included in the order total, nor remitted before an invoice is received from DGS.

Current fees are available online in the Price Book & Directory of Services (https://www.dgs.ca.gov/OFS/Price-Book) (go to Price Book Download and click on Purchasing under Procurement Division).

B. Local Governmental Agencies
For all local government agency transactions issued against the contract, the Contractor is required to remit the DGS-PD an Incentive Fee of an amount equal to

1.25% of the total purchase order amount excluding taxes and freight. This Incentive Fee shall not be included in the agency’s purchase price, nor invoiced or charged to the purchasing entity. All prices quoted to local governmental agency customers shall reflect State contract pricing, including any and all applicable discounts, and shall include no other add-on fees.

SB/DVBE OFF-RAMP PROVISION
There is no SB/DVBE off ramp associated with this contract.

PROBLEM RESOLUTION/SUPPLIER PERFORMANCE
Ordering agencies and/or Contractor shall inform the State Contract Administrator of any technical or contractual difficulties encountered during contract performance in a timely manner. This includes and is not limited to informal disputes, supplier performance, outstanding deliveries, etc. The ordering agency should include all relevant information and/or documentation (e.g., purchase documents).

ATTACHMENT 1
519

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-23 B-I
Contract User Instructions, *Supplement 25*
Contract 1-22-23-23 B-I Page 9 *7/22/2024*
User Instructions

CONTRACT ITEMS
Contract vehicles and pricing are listed on Attachment A, Contract Pricing. All prices listed shall be fixed as the maximum cost for the contract period unless a price increase is granted.

Each line item description on Attachment A, Contract Pricing, provides a description of the minimum requirements that each vehicle in that line item has met or exceeded.

A Maintenance Plan is offered on all light duty vehicles less than 8500 lbs Gross Vehicle Weight Rating (GVWR). Maintenance Plan pricing is listed on Attachment A, Contract Pricing. The purchase of the Maintenance Plan is optional. See Article 29, Maintenance Plan for more detailed information.

Price Increases
Price increases may be requested with each model year change and will be posted on a quarterly basis.

Quarterly Increases shall be processed on the following calendar days:
• July 1st
• October 1st
• January 1st
• April 1st
Contractors are requested to price protect the contracted price for the duration between the price increase request and the time the increase is processed. If the Contractor is unable to honor the price protection, the Contractor’s vehicle(s) will be unavailable for ordering until the price increases have been evaluated and approved.

Multiple Award
Some line items may have multiple vehicles awarded with different make and models available. State Departments may choose any vehicle identified in the subject line item.

There is no vehicle ranking associated with this contract.

Sales Tax
The sales tax rate applied should be based on the rate of the “Bill To” address listed on the Purchase Order.

Options
All factory options shall be available and priced at Contractor cost plus up to 10% for an addition or Contractor cost minus up to 10% for a deletion in accordance with the manufacturer’s current model year price list. Types of equipment changes which might be made include, but are not limited, to the following:

ATTACHMENT 1
520

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-23 B-I
Contract User Instructions, *Supplement 25*
Contract 1-22-23-23 B-I Page 10 *7/22/2024*
User Instructions
• Add trailer tow package
• Add Bluetooth
• Add parking sensors
• Delete pick up box (bed)
In no case shall options be included or deleted in such a manner as to cause the vehicle to conflict with any other line item on any other vehicle contract.

The Contractor shall provide ordering agencies a copy of the current model year factory price sheet with requested options, within ten calendar days of request.

Third-party upfitting (e.g utility body) may be requested by ordering agencies, however, this service is non-mandatory. When applicable, third-party upfits shall be subject to the same pricing provisions as factory options.

Note: Vehicles with added or deleted options MUST continue to meet the appropriate minimum specification.

Tire Fee
Purchase orders MUST include the State mandated $1.75 per tire fee.

Document Processing Charge
In accordance with the California Vehicle Code Section 4456.5, a Contractor may charge the ordering agency a document processing charge for the preparation and processing of documents, disclosures, titling, registration, and information security obligations imposed by state and federal law. The document processing charge shall not exceed $85 per vehicle purchased.

A Contractor may charge the ordering agency an electronic filing fee, which does not exceed the actual amount the Contractor is charged by a first-line service provider. The electronic filing fee shall not exceed $30 per vehicle purchased.

SPECIFICATIONS
All products must conform to the attached State of California Bid Specification Number 2310- 4181 dated 08/16/2021 (Attachment B).

Vehicle color shall be a solar reflective color (white, silver metallic, or gold metallic) per SAM Section 3620.1 (exceptions are listed in the same manual section).

CUSTOMER SERVICE
The Contractor shall provide office and personnel resources for responding to inquiries, including telephone and email coverage weekdays during the hours of 8:00 a.m. - 5:00 p.m., PT.

ATTACHMENT 1
521

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-23 B-I
Contract User Instructions, *Supplement 25*
Contract 1-22-23-23 B-I Page 11 *7/22/2024*
User Instructions
The customer service unit shall be staffed with individuals that:
• Are trained in the requirements of this contract
• Have the authority to take administrative action to correct problems that may occur The Contractor’s customer service unit shall respond to all customer inquiries within two (2) business days of initial contact.

Dealer Contract # Contact Phone Email
Ocean
Honda
1-22-23-
23B Pat Ireland
(559)
707-
5735
[email protected]
Freeway
Toyota of
Hanford
1-22-23-
23C Pat Ireland
(559)
707-
5735
[email protected]
Winner
Chevrolet
1-22-23-
23D
Jerry
Powers
(916)
426-
5752
[email protected]
Elk Grove
Auto
1-22-23-
23E
Jerry
Powers
(916)
426-
5752
[email protected]
Downtown
Ford Sales
1-22-23-
23F
Sandra
Scott
(916)
252-
6260
[email protected]
Watsonville
Fleet Group
1-22-23-
23G
Yesenia
Covarrubias
(626)
457-
5590
[email protected]
US Fleet
Source
1-22-23-
23H Lisa Molino
(626)
344-
4285
[email protected]
CA Car
Group 1-22-23-23I Richard M. Slade
(925)
560-
4465
[email protected]
Note: Ordering agencies are encouraged to have one point of contact for inquiries, quotes, and orders whenever possible. Multiple calls and emails from various requestors for the same information can slow customer service response times.

PRODUCT SUBSTITUTIONS
Under no circumstance is the Contractor permitted to make substitutions with noncontract/unauthorized vehicles without approval of the DGS Contract Administrator (CA).

ATTACHMENT 1
522

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-23 B-I
Contract User Instructions, *Supplement 25*
Contract 1-22-23-23 B-I Page 12 *7/22/2024*
User Instructions

PURCHASE EXECUTION
A. State Departments
1) Std. 65 Purchase Documents
State departments not transacting in FI$CAL must use the Purchasing Authority Purchase Order (Std. 65) for purchase execution. An electronic version of the Std. 65 is available at the Office of State Publishing web site:
https://www.dgsapps.dgs.ca.gov/osp/StatewideFormsWeb/Forms.aspx (select Standard Forms).

All Purchasing Authority Purchase Orders (Std. 65) must contain the following:
• Agency Order Number (Purchase Order Number)
• Ordering Agency Name
• Agency Billing Code
• Purchasing Authority Number
• Leveraged Procurement Number (Contract Number)
• Supplier Information (Contact Name, Address, Phone Number, Fax Number, E-mail)
• Line Item number
• Quantity
• Unit of Measure
• Commodity Code Number
• Product Description
• Unit Price
• Extension Price
• Office of Fleet and Asset Management (OFAM) Approval Stamp (State departments only)
2) FI$CAL Purchase Documents
State departments transacting in FI$CAL will follow the FI$CAL procurement and contracting procedures.
3) Blanket Orders
The use of blanket orders against this statewide contract is not allowed.

B. Local Governmental Agencies
Local governmental agencies may use their own purchase document for purchase execution. The purchase documents must include the same data elements as listed above (Exception: Purchasing Authority Number is used by State departments only).

ATTACHMENT 1
523

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-23 B-I
Contract User Instructions, *Supplement 25*
Contract 1-22-23-23 B-I Page 13 *7/22/2024*
User Instructions

MINIMUM ORDER
The minimum order shall be one (1) vehicle.

ORDERING PROCEDURE
A. Ordering Methods:

Ordering agencies are to submit appropriate purchase documents directly to the contractor(s) via one of the following ordering methods:
• U.S. Mail
• Facsimile
• Email
The contractor’s Order Placement Information is as follows:

ORDER PLACEMENT INFORMATION
Contract #
1-22-23-
23B
U.S. Mail:

Ocean Honda
3801 Soquel Dr
Soquel, CA 95073
Attn: Pat Ireland
Facsimile:
(559) 961-
4601
Email:
[email protected]
Contract #
1-22-23-
23C
U.S. Mail:

Freeway Toyota
1835 Glendale Avenue
Hanford, CA 93230
Attn: Pat Ireland
Facsimile:
(559) 961-
4601
Email:
[email protected]
Contract #
1-22-23-
23D
U.S. Mail:

Winner Chevrolet
8575 Laguna Grove
Drive
Elk Grove, CA 95757
Attn: Jerry Powers
Facsimile:
(916) 421-
0149
Email:
[email protected]
Contract #
1-22-23-
23E
U.S. Mail:

Elk Grove Auto Group
8575 Laguna Grove
Drive
Elk Grove, CA 95757
Attn: Jerry Powers
Facsimile:
(916) 421-
0149
Email:
[email protected]
ATTACHMENT 1
524

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-23 B-I
Contract User Instructions, *Supplement 25*
Contract 1-22-23-23 B-I Page 14 *7/22/2024*
User Instructions
Contract #
1-22-23-
23F
U.S. Mail:

Downtown Ford Sales
525 N 16th St
Sacramento, CA
95811
Attn: Sandra Scott
Facsimile:

N/A
Email:
[email protected]
Contract #
1-22-23-
23G
U.S. Mail:

Watsonville Fleet
Group
1601 W. Main Street
Alhambra, CA 91801
Attn: Yesenia
Covarrubias
Facsimile:
(626) 457-
5593
Email:
[email protected]
Contract #
1-22-23-
23H
U.S. Mail:

US Fleet Source
979 S. Village Oaks
Drive
Covina, Ca 91724
Facsimile:
(626) 228-
3077
Email: [email protected]
Contract #
1-22-23-23I
U.S. Mail:

CA Car Group
4200 John Monego Ct
Dublin, CA 94568
Attn: Richard M. Slade
Facsimile:

N/A
Email:

[email protected]
When using any of the ordering methods specified above, all State departments must conform to proper State procedures.

ORDER ACCEPTANCE
The Contractor shall accept orders from any State department or local governmental agency. The Contractor shall not accept purchase documents for this contract that:
• Are incomplete;
• Are submitted without OFAM approval stamp
• Contain non-contract items; or
• Contain non-contract terms and conditions.

The Contractor must not refuse to accept orders from any State department or local governmental agency for any other reason without written authorization from the CA.

ORDER ACKNOWLEDMENT
The Contractor will provide the ordering agencies with an order receipt acknowledgment via e-mail/facsimile within ten (10) calendar days after receipt of an order. The acknowledgement will include:
• Ordering Agency Name
ATTACHMENT 1
525

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-23 B-I
Contract User Instructions, *Supplement 25*
Contract 1-22-23-23 B-I Page 15 *7/22/2024*
User Instructions
• Agency Order Number (Purchase Order Number)
• Description of Goods
• Vehicle Model Year
• Total Cost
• Date order is placed with manufacturer
• Anticipated Delivery Date
• Delayed Production Notification (if applicable)
• Discontinued Vehicle Notification (if applicable)
Contractor shall notify the ordering agency of any delays in production or delays in orders being accepted by the manufacturer for any period of time. Contractor shall provide estimated production start date and delivery date.

DELAYED PRODUCTION REMEDY
Upon receipt of order acknowledgment identifying a delay in production or orders not being accepted by the manufacturer, the ordering agencies shall have the following options:
• Request back order; or
• Cancel the item from the order with no penalty

DISCONTINUED VEHICLE REMEDY
Upon receipt of order acknowledgment identifying discontinued items, the ordering agencies shall have the following options:
• Amend purchase document to reflect DGS approved replacement vehicle; or • Cancel the item from the order
Under no circumstance is the Contractor permitted to make substitutions with noncontract/unauthorized vehicles without approval of the DGS CA.

DELIVERY PROCEDURES
Pre-Delivery Checklist
Prior to delivery, each vehicle shall be completely inspected, serviced, and detailed by the delivering Contractor and/or the manufacturer’s pre-delivery service center. A copy of the pre-delivery checklist shall be completed for each vehicle, signed by a representative of the organization performing the inspection/service, and delivered with the vehicle.

Delivery:

Delivery shall be within one hundred and fifty (150) days after receipt of order unless there is a delay in production/order acceptance from the manufacturer when changing from one model year to the next. Contractor shall notify the ordering agency of such delay per Article 14, Order Acknowledgement.

ATTACHMENT 1
526

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-23 B-I
Contract User Instructions, *Supplement 25*
Contract 1-22-23-23 B-I Page 16 *7/22/2024*
User Instructions
Orders requiring customized work by a 3rd party supplier may exceed the delivery period requirement. Contractor shall notify ordering agency of extended delivery period per Article 14, Order Acknowledgement.

Caravan or drive-away method of delivery from the factory to a Contractor is not acceptable unless agreed upon by the ordering agency.

Drop ship deliveries shall not be made without prior State inspection. All vehicles shall be delivered with no less than five (5) gallons of fuel in the tank.

Unless pre-arranged between the Contractor and the ordering agency, vehicles delivered with more than 50 miles on the odometer may be charged fifty (50) cents per mile in excess of 50 miles. This charge may be reflected on the invoice as a deduction from the order price. Vehicles with more than five hundred (500) miles on the odometer may not be accepted.
**Cab and Chassis trucks may require driving from an out-of-state factory and may exceed the five hundred (500) mile or less expectation. The Contractor shall notify the ordering Department at the time of purchase order execution.

When feasible, Contractor is requested to make deliveries in metropolitan areas during off-peak hours. Off-peak hours are Monday through Friday, 10:00 AM to 4:00 PM PST.

Documents
The following documents shall be delivered to the receiving agency with the vehicle:
• Completed and signed pre-delivery service checklist, including the order number and Vehicle Identification Number (VIN)
• “Line Set Tickets” or “Window (Monroney) Sticker” showing all options installed • One (1) copy of the warranty, including applicable certificates, cards, etc. • One (1) copy of the owner’s manual.

INSPECTION AND ACCEPTANCE
Vehicles ordered for State use will be inspected by a State inspector at the Contractor’s place of business or as otherwise agreed to by the Contractor and ordering agency.

Inspection will commence within five (5) working days of notification that a vehicle is ready for inspection. Inspection will include:
• Specification Compliance
• Workmanship
• Appearance
• Proper Operation of all Equipment and Systems
• Presence of all Applicable Documents
ATTACHMENT 1
527

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-23 B-I
Contract User Instructions, *Supplement 25*
Contract 1-22-23-23 B-I Page 17 *7/22/2024*
User Instructions
In the event deficiencies are detected, the vehicle will be rejected and the Contractor will be required to make the necessary repairs, adjustments or replacements. Payment and/or the commencement of a discount period (if applicable) will not begin until the defects are corrected and the vehicle is re-inspected and accepted.

Completion of inspection or acceptance by the State inspector shall in no way release the Contractor from satisfying the requirements of the contract, specifications, and warranty.

Deviations from the specified requirements that are detected by the inspection shall be corrected by the Contractor in an expeditious manner at no expense to the ordering agency.

Inspection by local agencies will be at the Contractor’s place of business or as otherwise agreed to by the Contractor and local agency.

EMERGENCY/EXPEDITED ORDERS
Not Applicable.

FREE ON BOARD (F.O.B.) DESTINATION
Contractors shall deliver vehicles to State or local agencies located in Sacramento County at no additional cost for delivery. If the Purchase Order indicates delivery outside Sacramento County, the Contractor and agency may negotiate delivery costs. If delivery is subject to an additional delivery charge, it shall be shown as a separate item on the purchase order and invoice.

State departments requesting delivery outside of Sacramento County must contact the Transportation Management Unit for freight rate comparisons to confirm appropriate pricing if the Contractor is delivering the vehicle.

Responsibility and liability for loss or damage for all orders shall remain with the Contractor until final inspection and acceptance, when all responsibility shall pass to the ordering agency, except the responsibility for latent defects, fraud, and the warranty obligations.

SHIPPED ORDERS
All shipments shall be in accordance with the General Provisions, Article 12 entitled “Packing and Shipment”.

CONTRACT ADMINISTRATION
The State and the Contractors have assigned Contract Administrators as the single points of contact for problem resolution and related contract issues.

ATTACHMENT 1
528

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-23 B-I
Contract User Instructions, *Supplement 25*
Contract 1-22-23-23 B-I Page 18 *7/22/2024*
User Instructions
State Contact
Information DGS/PD Contract Administrator
Contact Name: Frank Martin
Telephone: (279) 946-8035
Facsimile: NA
Email: [email protected]
Address: DGS/Procurement Division
Attn: Frank Martin
707 Third Street, 2nd Floor, MS 201
West Sacramento, CA 95605
Dealer
Contact
Information
Ocean Honda
Contract # 1-22-23-23B
Freeway Toyota of Hanford
Contract # 1-18-23-23C
Contact
Name:

Pat Ireland Pat Ireland
Telephone: (559) 707-5735 (559) 707-5735
Facsimile: (559) 961-4601 (559) 961-4601
Email: [email protected] [email protected] Address: Ocean Honda
3801 Soquel Dr
Soquel, CA 95073
Freeway Toyota
1835 Glendale Avenue
Hanford, CA 93230
Dealer
Contact
Information
Winner Chevrolet
Contract # 1-18-23-23D
Elk Grove Auto Group
Contract # 1-22-23-23E
Contact
Name:

Jerry Powers Jerry Powers
Telephone: (916) 426-5752 (916) 426-5752
Facsimile: (916) 421-0149 (916) 421-0149
Email: [email protected] [email protected]
Address: Winner Chevrolet
8575 Laguna Grove Drive
Elk Grove, CA 95757
Elk Grove Auto Group
8575 Laguna Grove Dr
Elk Grove, CA 95757
ATTACHMENT 1
529

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-23 B-I
Contract User Instructions, *Supplement 25*
Contract 1-22-23-23 B-I Page 19 *7/22/2024*
User Instructions
Dealer
Contact
Information
Downtown Ford Sales
Contract # 1-22-23-23F
Watsonville Fleet Group
Contract # 1-22-23-23G
Contact
Name:

Sandra Scott Yesenia Covarrubias
Telephone: (916) 252-6260 (626) 457-5590
Facsimile: N/A (626) 457-5593
Email: [email protected] [email protected] Address: Downtown Ford Sales
525 N 16th St
Sacramento, CA 95811
Watsonville Fleet Group
1601 W. Main Street
Alhambra, CA 91801
Dealer
Contact
Information
US Fleet Source
Contract # 1-22-23-23H
CA Car Group
Contract # 1-22-23-23I
Contact
Name:

Lisa Molino Richard M. Slade
Telephone: (626) 344-4285 (925) 560-4465
Facsimile: (626) 416-3064 N/A
Email: [email protected] [email protected]
Address: US Fleet Source
979 S. Village Oaks Drive
Covina, Ca 91724
CA Car Group
4200 John Monego Ct
Dublin, CA 94568

RESTOCKING FEES
The Contractor may impose a restocking fee to the ordering agency on orders cancelled after the order has been placed with the manufacturer: The Contractor shall notify the ordering agency of the order placement per Article 14, Order Acknowledgment.

Re-stocking fees can be no greater than ten percent (10%) of the value of the vehicle being restocked.

INVOICING
Ordering agencies may require separate invoicing, as specified by each ordering organization. Invoices will contain the following information:
• Contractor’s name, address and telephone number
• Leveraged Procurement Number (Contract Number)
• Agency Order Number (Purchase Order Number)
• Item and commodity code number
• Quantity purchased
ATTACHMENT 1
530

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-23 B-I
Contract User Instructions, *Supplement 25*
Contract 1-22-23-23 B-I Page 20 *7/22/2024*
User Instructions
• Contract price and extension
• State sales and/or use tax
• Prompt payment discounts/cash discounts, if applicable • Totals for each order

PAYMENT
A. Terms
Payment terms for contracts 1-22-23-23 B – G include a $500 per vehicle discount for payment made within twenty (20) days. Contracts 1-22-23-23 H & I offer no discount.

The cash discount time is defined by the State as beginning only after the vehicle has been inspected, delivered, and accepted by the receiving agency, or from the date a correct invoice is received in the office specified on the Purchase Order, whichever is later.

Payment is deemed to be made, for the purpose of earning the discount, one (1) working day after the date on the State warrant or check. Typically, acceptance will be accomplished within twenty (20) business hours after a vehicle is delivered.

Payment will be made in accordance with the provisions of the California Prompt Payment Act, Government Code Section 927, et seq. Unless expressly exempted by statute, the Act requires State departments to pay properly submitted, undisputed invoices not more than forty-five (45) days after the date of acceptance of goods, performance of services, or receipt of an undisputed invoice, whichever is later.

B. CAL-Card Use
Use of the CAL-Card for payment of invoices is not allowed under this statewide contract.

C. Payee Data Record
Each State accounting office must have a copy of the Payee Data Record (Std. 204) in order to process payments. State departments should forward a copy of the Std. 204 to their accounting office(s). Without the Std. 204, payment may be unnecessarily delayed. State departments may contact the Contractor for copies of the Payee Data Record.

D. State Financial Marketplace
The State reserves the right to select the form of payment for all procurements, be it either an outright purchase with payment rendered directly by the State, or a financing/lease-purchase or operating lease via the State Financial Marketplace (GS $Mart and/or Lease $Mart). If payment is via the financial marketplace, the Contractor will invoice the State and the State will approve the invoice and the selected Lender/Lessor for all product listed on the State's procurement document will pay the Contractor on behalf of the State.

ATTACHMENT 1
531

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-23 B-I
Contract User Instructions, *Supplement 25*
Contract 1-22-23-23 B-I Page 21 *7/22/2024*
User Instructions
CALIFORNIA SELLER’S PERMIT
The California seller permit number for the Contractor is listed below. State departments can verify that permits are currently valid at the following website: www.cdtfa.ca.gov.

State departments must adhere to the file documentation required identified in the State Contracting Manual Volume 2 and Volume 3 and SCM-F.

Contractor Name Seller Permit #
Ocean Honda 101-652579
Freeway Toyota 102-659756
Winner Chevrolet 100-208309
Elk Grove Auto Group 100-197237
Downtown Ford Sales 28600344
Watsonville Fleet Group 245364864
101-135239
US Fleet Source 103-097044
CA Car Group 100-214737

WARRANTY
The manufacturer’s standard new vehicle warranty shall apply to all vehicles purchased from these contracts. All warranties shall be factory authorized. The warranty shall be honored by all franchised dealers of the vehicle within the State of California. The Warranty term for the vehicles offered under these contracts shall meet the following (as applicable):
• Bumper to bumper warranty shall cover not less than 3 years/36,000 miles, no charge for parts and labor.
• Power train warranty for light duty vehicles weighing 8500 lbs. GVWR or less shall cover not less than 5 years/100,000 miles, no charge for parts and labor. • Power train warranty for vehicles over 8500 lbs. GVWR shall cover not less than 5 years/60,000 miles, no charge for parts and labor.

The State’s established preventative maintenance procedures and practices shall be acceptable to the manufacturer/contractor in lieu of the manufacturer’s prescribed procedures which may form a part of the warranty.

All emission-related components shall be warranted in compliance with California Air Resources Board and Federal requirements. Contractor cannot offer independent insurance or statements indicating self insurance. If an additional extended warranty is purchased, a warranty certificate, warranty card, or a statement indicating the extended warranty has been recorded with the manufacturer shall be furnished with each vehicle delivered.

ATTACHMENT 1
532

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-23 B-I
Contract User Instructions, *Supplement 25*
Contract 1-22-23-23 B-I Page 22 *7/22/2024*
User Instructions
Normal wear items such as tires, belts, hoses, headlamps, light bulbs, brake linings, brake discs/drums, etc. are excluded from warranty coverage. All other items not subject to normal wear or gross operator neglect and abuse, such as window, seat, or wiper motors, chassis electrical switches (door, trunk lid), paint, hinges, locks, etc., shall be covered.

The State reserves the right to use re-refined lubrication oils, where available, in lieu of virgin equivalent oils. The re-refined oils used by the State will meet all API and SAE standards and specifications as set forth by the vehicle manufacturer. The use of said oils shall in no way void or degrade the original manufacturer’s standard warranty.

The State reserves the right to use recycled content antifreeze/coolant, where available, in lieu of virgin equivalent antifreeze/coolant when servicing its vehicles. The recycled content antifreeze/coolant used by the State will meet all ATSM standards and specifications as set forth by the vehicle manufacturer.

REPAIR PARTS
The manufacture of the awarded vehicle(s) should maintain an adequate stock of all regular and special parts to meet the continuing service and repair parts needs of the State without undue delay.

A special system shall be set up for expediting the procurement of back-order items needed to repair an inoperative vehicle including a system to air freight parts at factory expense when parts are not in stock in California parts depots. Parts must be available within three (3) working days after telephone notification.

Vehicles with new technology emerging into the industry (e.g., fuel cell vehicles) may require more than (3) working days for the availability of certain parts. Contractor must notify the State Contract Administrator and ordering agency when this occurs and provide the estimated date of availability.

MAINTENANCE PLAN
A maintenance plan is available for light duty vehicles under 8500 lbs. GVWR. The purchase of a maintenance plan is optional. The maintenance plan covers all regularly scheduled service for a minimum of five (5) years/75,000 miles. The maintenance shall include at a minimum all manufacturer recommended services such as, but not limited to:
• Oil changes;
• Filter changes;
• Fluid changes;
• Lubrications;
• Tire rotations;
• Equipment and safety inspections
ATTACHMENT 1
533

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-23 B-I
Contract User Instructions, *Supplement 25*
Contract 1-22-23-23 B-I Page 23 *7/22/2024*
User Instructions
The Maintenance Plan is not required to cover wear items such as brake pads/shoes, wiper blades, etc.

Purchase of the Maintenance Plan is non-mandatory for State departments.

The Maintenance Plan is not applicable to vehicles over 8,500 lbs. GVWR. *VETTED FORMS/CERTIFICATIONS
The DGS-PD, as the awarding department, has assessed the Contractor and subcontractor forms, certifications, and compliance to performing a commercially useful function (CUF) during the solicitation evaluation process. Consequently, when executing purchase documents pursuant to this contract, it is not necessary for State departments operating under statewide contract purchasing authority to conduct a CUF evaluation or request the completion of the following required certifications and forms:
• GenAI Disclosure & Factsheet (STD 1000)
• Bidder Declaration Form (GSPD 05-105)
• DVBE Declaration Form (DGS-PD 843)
• Darfur Contracting Act Form
• California Civil Rights Certification Form
• Iran Contracting Act Certification
• Russian Sanctions Agreement
• Federal Debarment

State departments should make a notation of this within their procurement file.*

RECYCLED CONTENT
State departments are required to report purchases in many product categories. The Postconsumer-Content Certification Form (CIWMB 74) for the Contractor(s) is attached (Attachment C).

SB/DVBE PARTICIPATION
There is no Small Business (SB) or Disabled Veteran Business Enterprise (DVBE) participation for this contract.

STATE AND LOCAL GOVERNMENT EMPLOYEE PRICING
In the interest of expanding the California marketplace for Zero Emission Vehicles (ZEV), some Contractors have offered a discount to any interested State of California or local government employee when purchasing a ZEV for personal use. A list of participating Dealers and vehicles can be found at: https://www.dgs.ca.gov/PD/Resources/PageContent/Procurement-Division-Resources-List-Folder/State-of-California-Green-FleetEmployee-Pricing-Program ATTACHMENT 1
534

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-23 B-I
Contract User Instructions, *Supplement 25*
Contract 1-22-23-23 B-I Page 24 *7/22/2024*
User Instructions

ATTACHMENTS
Attachment A – Contract Pricing, Supplement 24
Attachment B – Specification 2310-4181, revised 08/16/2021 Attachment C – Postconsumer Content Certification Workbook Attachment D – Vehicle Specifications, Supplement 23
ATTACHMENT 1
535
Winner Chevrolet DATE August 13, 2024
To: Quotation # 3075
Scott Kooreman
(916)509-8598 - Desk City of Livermore
(916)792-3672 - Cell
Prepared by: Andrew Villareal
(209) 404-8602
Comments or special instructions: Vehicle build and options are in additional pages.

AMOUNT
$ 52,700.00
$ 2,914.00
$ 3,200.00
$ 4,550.00
$ 3,000.00
$ 66,364.00
DOC Fee $ 85.00
Taxable Subtotal: $ 66,449.00

10.250% $ 6,811.02
Tire Fee: $8.75
$ 300.00
Total: 73,568.77 $
QTY 3 Grand Total $ 220,706.32
If you have any questions concerning this quotation, contact Andrew Villareal at (916)509-8598 or email at [email protected]
Line #3 Chevy Tahoe
Options (Refer to Window Sticker):

Delivery Charge:
**** specs with the PO or the vehicle will not be ordered. **** Subtotal
**** Please review, sign, and return a copy of the quote and **** Paint 4 doors and roof white
Kerr Upfit (Ballistics and Rear Door Plungers)
___________________________________________________
7220 Fawn Way,
Sacramento, CA 95823
State Contract # 1-22-23-23D
****Shipping charge added for deliveries beyond Sacramento. No charge for will call.**** CA Tire Fee: $1.75 / Per Tire
Tax Rate(Subject to change):

Description
Upgrade to PPV 2WD
(Order Acknowledgment Signature) (Date)
THANK YOU FOR YOUR BUSINESS!
ATTACHMENT 2
536
Winner Chevrolet / Elk Grove Auto Group
Andrew Villareal | (916)509-8598 | [email protected] [Fleet] 2024 Chevrolet Tahoe (CC10706) 2WD 4dr Commercial (7) ( Complete ) This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region.

Performance figures are guidelines only, and actual performance may vary. Photos may not represent actual vehicles or exact configurations. Content based on report preparer’s input is subject to the accuracy of the input provided.

Data Version: 23179. Data Updated: Aug 12, 2024 6:42:00 PM PDT.

Aug 13, 2024 Page 1
Note:Photo may not represent exact vehicle or selected equipment. [Fleet] 2024 Chevrolet Tahoe (CC10706) 2WD 4dr Commercial (7) Prepared By
Andrew Villareal
Winner Chevrolet / Elk Grove Auto Group
916-509-8598-Desk
916-792-3672-Cell
[email protected]
ATTACHMENT 2
537
Winner Chevrolet / Elk Grove Auto Group
Andrew Villareal | (916)509-8598 | [email protected] This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region.

Data Version: 23179. Data Updated: Aug 12, 2024 6:42:00 PM PDT.

Aug 13, 2024 Page 2
Table of Contents
• Vehicle Image
• Dealership Information
• Window Sticker
• Standard Equipment
• Weight Rating
• Technical Specifications
ATTACHMENT 2
538
Winner Chevrolet / Elk Grove Auto Group
Andrew Villareal | (916)509-8598 | [email protected] This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region.

Data Version: 23179. Data Updated: Aug 12, 2024 6:42:00 PM PDT.

Aug 13, 2024 Page 3
Dealership Information
***PLEASE REVIEW THE "WINDOW STICKER," QUOTE, AND ALL INCLUDED INFORMATION AND SPECIFICATIONS FOR ACCURACY. IF A PURCHASE ORDER IS ISSUED, PLEASE INCLUDE A SIGNED COPY OF THIS QUOTE WITH THE "WINDOW STICKER." BY THIS QUOTE

BEING SIGNED AND RETURNED BY THE PURCHASING AGENCY, THE PURCHASING

AGENCY ACKNOWLEDGES THAT THE VEHICLE CONFIGURATION AND PRICE ARE ACCURATE.******TAX IS NOT INCLUDED IN THE QUOTE PRICE. PURCHASING AGENCY IS RESPONSIBLE FOR CALCULATING TAX. THE TAX RATE IS BASED ON THE REGISTRATION ADDRESS AND CANNOT BE A PO BOX. ******IF THE VEHICLE IS GOING TO BE DELIVERED BEYOND F.O.B. SACRAMENTO, ADDITIONAL COST WILL BE REQUIRED. *** Thanks!
Prepared By:

Andrew Villareal
Winner Chevrolet / Elk Grove Auto Group
(916)509-8598
[email protected]
ATTACHMENT 2
539
Winner Chevrolet / Elk Grove Auto Group
Andrew Villareal | (916)509-8598 | [email protected] [Fleet] 2024 Chevrolet Tahoe (CC10706) 2WD 4dr Commercial (7) ( Complete ) This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region.

Data Version: 23179. Data Updated: Aug 12, 2024 6:42:00 PM PDT.

Aug 13, 2024 Page 4
Window Sticker

SUMMARY
[Fleet] 2024 Chevrolet Tahoe (CC10706) 2WD 4dr Commercial Interior:Jet Black, Cloth seat trim
Exterior 1:Black
Exterior 2:No color has been selected.

Engine, 5.3L EcoTec3 V8
Transmission, 10-speed automatic

OPTIONS

CODE MODEL MSRP
CC10706 [Fleet] 2024 Chevrolet Tahoe (CC10706) 2WD 4dr Commercial

OPTIONS
1FL Commercial Preferred Equipment Group $0.00
5J0 Calibration, Front (only) Park Assist Disable. $0.00 5J1 Calibration, keyless remote panic button and exterior lights/horn disable
$0.00
5J3 Calibration, Surveillance Mode interior lighting Inc. 5J9 Calibration, taillamp flasher, Red/White Inc.
5LO Calibration, taillamp flasher, Red/Red Inc.
5Y1 Front center seat (20% seat) delete $0.00
6C7 Lighting, red and white front auxiliary dome $170.00 6E2 Fleet Calibration $25.00
6J7 Flasher system, headlamp and taillamp, DRL compatible with control wire
Inc.
6N5 Switches, rear window inoperative $57.00
6N6 Door locks and handles, inside rear doors inoperative $62.00 7X2 Spotlamps, left- and right-hand $1,340.00
9C1 Identifier for Police Package Vehicle $0.00
9G8 Headlamps, Daytime Running Lamps and automatic headlamp control delete
$50.00
AMF Remote Keyless Entry Package $75.00
ATD Seat delete, third row passenger Inc.

ATTACHMENT 2
540
Winner Chevrolet / Elk Grove Auto Group
Andrew Villareal | (916)509-8598 | [email protected] [Fleet] 2024 Chevrolet Tahoe (CC10706) 2WD 4dr Commercial (7) ( Complete ) This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region.

Data Version: 23179. Data Updated: Aug 12, 2024 6:42:00 PM PDT.

Aug 13, 2024 Page 5
AX2 Key, unique Inc.

AZ3 Seats, front 40/20/40 split-bench $0.00
BCV Lock control, driver side auto door lock disable Inc.

C6C GVWR, 7400 lbs. (3357 kg) $0.00
CWA Rear Camera Mirror Washer Inc.

DRZ Rear Camera Mirror, inside rearview auto-dimming $475.00 GBA Black $0.00
GU5 Rear axle, 3.23 ratio $0.00
H1T Jet Black, Cloth seat trim $0.00
IOR Audio system, Chevrolet Infotainment 3 system, 8" diagonal HD color touchscreen
$0.00
J55 Brake system, heavy duty Inc.

K3W Battery, 850 cold-cranking amps with 95 amp hour rating Inc.

K6K Battery, auxiliary, 760 cold-cranking amps with 70 amp hour rating Inc.

KX4 Alternator, 250 amps Inc.

L84 Engine, 5.3L EcoTec3 V8 $0.00
MHU Transmission, 10-speed automatic Inc.

PXT Wheels, 20" x 9" (50.8 cm x 22.9 cm) steel Inc.

RAV Tire, spare 275/55R20 all-season, blackwall, Firestone Firehawk Pursuit
Inc.

RC1 Skid plate, front Inc.

RNQ Wheel, full-size spare, matching 20" (50.8 cm) steel wheel without center cap
Inc.

T53 Lamps, alternate flashing Red & Blue rear compartment lid warning $565.00 T66 Wiring provision, for outside mirrors and cargo side mirrors Inc.

UN9 Radio Suppression Package, with ground straps $95.00 UT7 Ground wires, blunt cut cargo area and blunt cut console area Inc.

V03 Cooling system, extra capacity Inc.

V53 Luggage rack side rails, delete Inc.

VK3 License plate front mounting package $0.00
VPV Ship Thru, Produced in Arlington Assembly and shipped to Kerr Industries and onto Arlington Assembly
$0.00
VQ2 Fleet processing option $0.00
ATTACHMENT 2
541
Winner Chevrolet / Elk Grove Auto Group
Andrew Villareal | (916)509-8598 | [email protected] [Fleet] 2024 Chevrolet Tahoe (CC10706) 2WD 4dr Commercial (7) ( Complete ) This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region.

Data Version: 23179. Data Updated: Aug 12, 2024 6:42:00 PM PDT.

Aug 13, 2024 Page 6
VXT Incomplete vehicle Inc.

VZ2 Speedometer calibration Inc.

WUA Fascia, front high-approach angle Inc.

XCS Tires, 275/55R20SL all-season, blackwall, Firestone Firehawk Pursuit
Inc.

YF5 Emissions, California state requirements $0.00
Z56 Suspension Package, heavy-duty, police-rated. Inc.
___ Capless Fuel Fill Inc.
___ Exterior ornamentation delete Inc.
___ Instrumentation, analog Inc.
___ Theft-deterrent system, vehicle, PASS-Key III Inc.
___ Power supply, 50-amp, power supply, auxiliary battery Inc. ___ Power supply, 100-amp, auxiliary battery, rear electrical center Inc. ___ Power supply, 120-amp, (4) 30-amp circuit, Primary battery Inc. ___ Seat belts, 3-point, all seating positions Inc.
___ Protected idle Inc.

FUEL ECONOMY
Est City:14 (2023) MPG
Est Highway:20 (2023) MPG
Est Highway Cruising Range:480.00 mi
ATTACHMENT 2
542
Winner Chevrolet / Elk Grove Auto Group
Andrew Villareal | (916)509-8598 | [email protected] [Fleet] 2024 Chevrolet Tahoe (CC10706) 2WD 4dr Commercial (7) ( Complete ) This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region.

Data Version: 23179. Data Updated: Aug 12, 2024 6:42:00 PM PDT.

Aug 13, 2024 Page 7
Standard Equipment
Mechanical
Engine, 5.3L EcoTec3 V8 with Dynamic Fuel Management, Direct Injection and Variable Valve Timing, includes aluminum block construction (355 hp [265 kW] @ 5600 rpm, 383 lb-ft of torque [518 Nm] @ 4100 rpm) (STD) Transmission, 10-speed automatic electronically controlled with overdrive, includes Traction Select System including tow/haul (STD)
Rear axle, 3.23 ratio
Suspension Package, Premium Smooth Ride (STD)
GVWR, 7400 lbs. (3357 kg) (2WD model only.) (STD)
Keyless start, push button
Automatic Stop/Start
Engine control, stop/start system disable button, non-latching Engine air filtration monitor
Fuel, gasoline, E15
Differential, mechanical limited-slip
Rear wheel drive
Air filter, heavy-duty
Cooling, external engine oil cooler, heavy-duty air-to-oil integral to driver side of radiator Cooling, auxiliary transmission oil cooler, heavy-duty air-to-oil Battery, 730 cold-cranking amps with 80 amp hour rating Alternator, 220 amps
Trailering equipment includes trailering hitch platform, 7-wire harness with independent fused trailering circuits mated to a 7-way connector and 2" trailering receiver
Trailer sway control
Hitch Guidance
Suspension, front coil-over-shock with stabilizer bar
Suspension, rear multi-link with coil springs
Steering, power
Brakes, 4-wheel antilock, 4-wheel disc with DURALIFE rotors Exhaust, single system, single-outlet
Mechanical Jack with tools
Exterior
Wheels, 18" x 8.5" (45.7 cm x 21.6 cm) Bright Silver painted aluminum (STD) ATTACHMENT 2
543
Winner Chevrolet / Elk Grove Auto Group
Andrew Villareal | (916)509-8598 | [email protected] [Fleet] 2024 Chevrolet Tahoe (CC10706) 2WD 4dr Commercial (7) ( Complete ) This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region.

Data Version: 23179. Data Updated: Aug 12, 2024 6:42:00 PM PDT.

Aug 13, 2024 Page 8
Exterior
Tires, 265/65R18SL all-season, blackwall (Standard with (PZX) 18" Bright Silver painted aluminum wheels only.) (STD)
Wheel, full-size spare, 17" (43.2 cm)
Tire, spare P265/70R17 all-season, blackwall
Tire carrier, lockable outside spare, winch-type mounted under frame at rear Active aero shutters, upper
Fascia, front
Luggage rack side rails, roof-mounted, Black, standard (Available with (5W4) Special Services Vehicle.) Assist steps, Black with chrome accent strip
Headlamps, LED
Lamps, stop and tail, LED
Mirrors, outside heated power-adjustable, manual-folding, body-color Mirror caps, body-color
Glass, deep-tinted (all windows, except light-tinted glass on windshield and driver- and front passenger-side glass)
Glass, acoustic, laminated
Glass, windshield shade band
Windshield, solar absorbing
Wipers, front intermittent, Rainsense
Wiper, rear intermittent with washer
Door handles, body-color
Liftgate, rear manual
Entertainment
Audio system, Chevrolet Infotainment 3 system, 8" diagonal HD color touchscreen AM/FM stereo, Bluetooth audio streaming for 2 active devices, voice command pass-through to phone, Wireless Apple CarPlay and Wireless Android Auto compatibility (STD)
Audio system feature, 6-speaker system
SiriusXM, delete
Infotainment display, 8" diagonal touchscreen
Bluetooth for phone personal cell phone connectivity to vehicle audio system Wireless Apple CarPlay/Wireless Android Auto
Wi-Fi Hotspot capable (Standard with (UE1) OnStar only. Terms and limitations apply. See onstar.com or dealer for details.)
ATTACHMENT 2
544
Winner Chevrolet / Elk Grove Auto Group
Andrew Villareal | (916)509-8598 | [email protected] [Fleet] 2024 Chevrolet Tahoe (CC10706) 2WD 4dr Commercial (7) ( Complete ) This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region.

Data Version: 23179. Data Updated: Aug 12, 2024 6:42:00 PM PDT.

Aug 13, 2024 Page 9
Interior
Seats, front 40/20/40 split-bench (Not available with (D07) center floor console and (USR) USB data ports.) (STD)
Seat trim, cloth
Seat adjusters, 8-way power includes 6-way power front passenger seat with 2-way power lumbar Seat adjusters, 10-way power includes 8-way power driver seat with 2-way power lumbar Seats, second row 60/40 split-folding bench, manual
Seats, third row 60/40 split-folding bench, manual (Not available with (9C1) Police Vehicle.) Floor covering, Black rubberized vinyl (Deleted when (B30) floor covering is ordered.) Electronic Precision Shift
Steering column lock, electrical
Steering column, manual tilt and telescopic
Steering wheel, urethane
Steering wheel controls, mounted audio, Driver Information Center, cruise control and Forward Collision Alert following gap button (if equipped) (left backside Seek/Scan steering wheel radio buttons are inoperable; these 2 buttons can be repurposed for aftermarket emergency equipment) Driver Information Center, 4.2" diagonal color display includes driver personalization Rear Seat Reminder
Door locks, power programmable with lockout protection and delayed locking (When ordered with (9C1) Police Vehicle or (5W4) Special Service Vehicle, Auto Lockout is disabled on driver door.) Keyless Open includes extended range Remote Keyless Entry Cruise control, electronic with set and resume speed
Theft-deterrent system, content, electrical, unauthorized entry USB data ports, 4 total; 2, one-type-A and one type-C located within center console and 2, one type-A and one type-C located on instrument panel
USB charging-only ports, 4 type-C, (2) located on rear of center console and (2) in 3rd row (1 left and 1 right side below quarter glass side window) (When ordered with (9C1) Police Vehicle, (2) type-C ports are moved to the rear of center seat base and (2) type-C are moved to the cargo area. Deleted when (A50) front bucket seats are ordered.)
Window, power with driver Express-Up/Down
Window, power with front passenger Express-Up/Down
Windows, power with rear Express-Down
Air conditioning, tri-zone automatic climate control with individual climate settings for driver, right front passenger and rear seat occupants
Air conditioning, rear
ATTACHMENT 2
545
Winner Chevrolet / Elk Grove Auto Group
Andrew Villareal | (916)509-8598 | [email protected] [Fleet] 2024 Chevrolet Tahoe (CC10706) 2WD 4dr Commercial (7) ( Complete ) This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region.

Data Version: 23179. Data Updated: Aug 12, 2024 6:42:00 PM PDT.

Aug 13, 2024 Page 10
Interior
Defogger, rear-window electric
Power outlets, 2, 120-volt, located on the rear of the center seat and rear cargo area Power outlet, front auxiliary, 12-volt, located in the center stack of instrument panel Mirror, inside rearview manual day/night
Visors, driver and front passenger illuminated vanity mirrors, sliding Assist handles, overhead, driver and front passenger, located in headliner Assist handles, front passenger A-pillar and second row outboard B-pillar (Deleted when SEO (7X2) left- and right-hand spotlamps or SEO (7X3) left-hand spotlamp are ordered.) Lighting, interior with dome light, driver- and passenger-side door switch with delayed entry feature, cargo lights, door handle or Remote Keyless Entry-activated illuminated entry and map lights in front and second seat positions. On Police/Special Service vehicles, the control switch is located in the roof console in lieu of the driver - and passenger-side door switch with delayed entry feature.

Cargo management system
Chevrolet Connected Access capable (Subject to terms. See onstar.com or dealer for details.) Safety-Mechanical
Automatic Emergency Braking
Hill Start Assist
StabiliTrak, stability control system with brake assist, includes traction control Safety-Exterior
Daytime Running Lamps, reduced intensity low beam
Safety-Interior
Airbags, Frontal airbags for driver and front outboard passenger; Seat-mounted side-impact airbags for driver and front outboard passenger; Head-curtain airbags for all rows in outboard seating positions (Deleted when (A50) front bucket seats are ordered. Always use seat belts and child restraints. Children are safer when properly secured in a rear seat in the appropriate child restraint. See the Owner's Manual for more information.) Front outboard Passenger Sensing System for frontal outboard passenger airbag (Always use seat belts and child restraints. Children are safer when properly secured in a rear seat in the appropriate child restraint. See the Owner's Manual for more information.)
OnStar and Chevrolet connected services capable (Terms and limitations apply. See onstar.com or dealer for details.)
Front and Rear Park Assist
Following Distance Indicator (Deleted when (9C1) Police Vehicle is ordered.) HD Rear Vision Camera
Front Pedestrian Braking (Deleted when (9C1) Police Vehicle is ordered.) Lane Keep Assist with Lane Departure Warning (Deleted when (9C1) Police Vehicle is ordered.) ATTACHMENT 2
546
Winner Chevrolet / Elk Grove Auto Group
Andrew Villareal | (916)509-8598 | [email protected] [Fleet] 2024 Chevrolet Tahoe (CC10706) 2WD 4dr Commercial (7) ( Complete ) This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region.

Data Version: 23179. Data Updated: Aug 12, 2024 6:42:00 PM PDT.

Aug 13, 2024 Page 11
Safety-Interior
Forward Collision Alert (Deleted when (9C1) Police Vehicle is ordered.) Buckle to Drive prevents vehicle from being shifted out of Park until driver seat belt is fastened; times out after 20 seconds and encourages seat belt use, can be turned on and off in Settings or Teen Driver menu (When ordered with (9C1) Police Vehicle, defaulted off. Feature can be turned on in the Infotainment menu.) Door locks, rear child security, manual
LATCH system (Lower Anchors and Tethers for CHildren), for child restraint seats lower anchors and top tethers located in all second-row seating positions (Deleted when (ATZ) second row seat delete is ordered.) Teen Driver a configurable feature that lets you activate customizable vehicle settings associated with a key fob, to help encourage safe driving behavior. It can limit certain available vehicle features, and it prevents certain safety systems from being turned off. An in-vehicle report card gives you information on driving habits and helps you to continue to coach your new driver
Tire Pressure Monitoring System auto learn, includes Tire Fill Alert (does not apply to spare tire) Warning tones headlamp on, driver and right-front passenger seat belt unfasten and turn signal on 3 Years of OnStar Remote Access. The OnStar Remote Access Plan gives you simplified remote control of your properly equipped vehicle and unlocks a variety of great features in your myChevrolet mobile app. See dealer for details. (Deleted when (UDA) vehicle deactivated communication system is ordered. OnStar Remote Access Plan does not include emergency or security services. Fleet customers will get Fleet Remote Access through OnStar Vehicle Insights. See onstar.com for details and limitations. Available on select Apple and Android devices. Service availability, features and functionality vary by vehicle, device, and the plan you are enrolled in.

Terms apply. Device data connection required.)

WARRANTY
Basic Years: 3
Basic Miles/km: 36,000
Drivetrain Years: 5
Drivetrain Miles/km: 60,000
Drivetrain Note: 3.0L & 6.0L Duramax® Turbo-Diesel engines, and certain commercial, government, and qualified fleet vehicles: 5 years/100,000 miles
Corrosion Years (Rust-Through): 6
Corrosion Years: 3
Corrosion Miles/km (Rust-Through): 100,000
Corrosion Miles/km: 36,000
Roadside Assistance Years: 5
Roadside Assistance Miles/km: 60,000
Roadside Assistance Note: 3.0L & 6.0L Duramax® Turbo-Diesel engines, and certain commercial, government, and qualified fleet vehicles: 5 years/100,000 miles
Maintenance Note: First Visit: 12 Months/12,000 Miles
ATTACHMENT 2
547
Winner Chevrolet / Elk Grove Auto Group
Andrew Villareal | (916)509-8598 | [email protected] [Fleet] 2024 Chevrolet Tahoe (CC10706) 2WD 4dr Commercial (7) ( Complete ) This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region.

Data Version: 23179. Data Updated: Aug 12, 2024 6:42:00 PM PDT.

Aug 13, 2024 Page 12
Weight Ratings

WEIGHT RATINGS
Front Gross Axle Weight Rating: 3300 lbs
Rear Gross Axle Weight Rating: 4300 lbs
Gross Vehicle Weight Rating: 7400.00 lbs
ATTACHMENT 2
548
Winner Chevrolet / Elk Grove Auto Group
Andrew Villareal | (916)509-8598 | [email protected] [Fleet] 2024 Chevrolet Tahoe (CC10706) 2WD 4dr Commercial (7) ( Complete ) This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region.

Data Version: 23179. Data Updated: Aug 12, 2024 6:42:00 PM PDT.

Aug 13, 2024 Page 13
Technical Specifications
Powertrain
Transmission
Drivetrain Rear Wheel Drive Trans Order Code MHU
Trans Type 10 Trans Description Cont. Automatic
Trans Description Cont. Again N/A First Gear Ratio (:1) 4.69 Second Gear Ratio (:1) 2.98 Third Gear Ratio (:1) 2.14
Fourth Gear Ratio (:1) 1.77 Fifth Gear Ratio (:1) 1.52
Sixth Gear Ratio (:1) 1.27 Reverse Ratio (:1) 4.86
Clutch Size N/A Trans Power Take Off N/A
Final Drive Axle Ratio (:1) N/A Transfer Case Model N/A Transfer Case Gear Ratio (:1), High N/A Transfer Case Gear Ratio (:1), Low N/A Transfer Case Power Take Off N/A Seventh Gear Ratio (:1) 1.00 Eighth Gear Ratio (:1) 0.85 Ninth Gear Ratio (:1) 0.69
Tenth Gear Ratio (:1) 0.63
Mileage
EPA Fuel Economy Est - Hwy 20 (2023) MPG Cruising Range - City 336.00 mi EPA Fuel Economy Est - City 14 (2023) MPG Fuel Economy Est-Combined 16 (2023) MPG Cruising Range - Hwy 480.00 mi Estimated Battery Range N/A Engine
Engine Order Code L84 Engine Type Gas V8
Displacement 5.3L/-TBD- Fuel System Direct Injection
SAE Net Horsepower @ RPM 355 @ 5600 SAE Net Torque @ RPM 383 @ 4100 Engine Oil Cooler N/A
Electrical
Cold Cranking Amps @ 0° F (Primary) 850 Cold Cranking Amps @ 0° F (2nd) N/A Cold Cranking Amps @ 0° F (3rd) N/A Maximum Alternator Capacity (amps) N/A Cooling System
Total Cooling System Capacity N/A
ATTACHMENT 2
549
Winner Chevrolet / Elk Grove Auto Group
Andrew Villareal | (916)509-8598 | [email protected] [Fleet] 2024 Chevrolet Tahoe (CC10706) 2WD 4dr Commercial (7) ( Complete ) This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region.

Data Version: 23179. Data Updated: Aug 12, 2024 6:42:00 PM PDT.

Aug 13, 2024 Page 14
Vehicle
Emissions
Tons/yr of CO2 Emissions @ 15K mi/year 10.4 (2023) EPA Greenhouse Gas Score N/A Vehicle
Rear Door Type Liftgate
Chassis
Weight Information
Standard Weight - Front 1.00 lbs Standard Weight - Rear 0.00 lbs Base Curb Weight N/A Gross Axle Wt Rating - Front 3300 lbs Gross Axle Wt Rating - Rear 4300 lbs Curb Weight - Front 2715 lbs Curb Weight - Rear 2668 lbs Option Weight - Front 39.00 lbs Option Weight - Rear 55.00 lbs Reserve Axle Capacity - Front 545.00 lbs Reserve Axle Capacity - Rear 1577.00 lbs As Spec'd Curb Weight 5478.00 lbs As Spec'd Payload 1922.00 lbs Maximum Payload Capacity 2017.00 lbs Gross Combined Wt Rating 14000 lbs Gross Axle Weight Rating 7600.00 lbs Curb Weight 5383.00 lbs Reserve Axle Capacity 2122.00 lbs Total Option Weight 94.00 lbs Payload Weight Front 0 lbs Payload Weight Rear 0 lbs Gross Vehicle Weight Rating 7400.00 lbs Trailering
Dead Weight Hitch - Max Trailer Wt. 5000 lbs Dead Weight Hitch - Max Tongue Wt. 500 lbs Wt Distributing Hitch - Max Trailer Wt. 6000 lbs Wt Distributing Hitch - Max Tongue Wt. 600 lbs Fifth Wheel Hitch - Max Trailer Wt. N/A Fifth Wheel Hitch - Max Tongue Wt. N/A Maximum Trailering Capacity 8400 lbs
Frame
Frame Type N/A Sect Modulus Rails Only N/A
Frame RBM N/A Frame Strength N/A
Frame Thickness N/A
ATTACHMENT 2
550
Winner Chevrolet / Elk Grove Auto Group
Andrew Villareal | (916)509-8598 | [email protected] [Fleet] 2024 Chevrolet Tahoe (CC10706) 2WD 4dr Commercial (7) ( Complete ) This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region.

Data Version: 23179. Data Updated: Aug 12, 2024 6:42:00 PM PDT.

Aug 13, 2024 Page 15
Chassis
Suspension
Suspension Type - Front Independent Suspension Type - Rear Multi-Link Spring Capacity - Front N/A Spring Capacity - Rear N/A
Axle Type - Front N/A Axle Type - Rear N/A
Axle Capacity - Front N/A Axle Capacity - Rear N/A
Axle Ratio (:1) - Front N/A Axle Ratio (:1) - Rear 3.23 Shock Absorber Diameter - Front N/A Shock Absorber Diameter - Rear N/A Stabilizer Bar Diameter - Front N/A Stabilizer Bar Diameter - Rear N/A Tires
Front Tire Order Code XCS Rear Tire Order Code XCS
Spare Tire Order Code RAV Front Tire Size 275/55R20SL
Rear Tire Size 275/55R20SL Spare Tire Size P275/55R20
Front Tire Capacity N/A Rear Tire Capacity N/A
Spare Tire Capacity N/A Revolutions/Mile @ 45 mph - Front N/A Revolutions/Mile @ 45 mph - Rear N/A Revolutions/Mile @ 45 mph - Spare N/A Wheels
Front Wheel Size 20 x 9 in Rear Wheel Size 20 x 9 in
Spare Wheel Size 20 x -TBD- in Front Wheel Material Steel Rear Wheel Material Steel Spare Wheel Material Steel
Steering
Steering Type Pwr Steering Ratio (:1), Overall N/A
Steering Ratio (:1), On Center N/A Steering Ratio (:1), At Lock N/A Turning Diameter - Curb to Curb 39.0 ft Turning Diameter - Wall to Wall N/A Brakes
Brake Type Pwr Brake ABS System 4-Wheel
Brake ABS System (Second Line) N/A Disc - Front (Yes or ) Yes Disc - Rear (Yes or ) Yes Front Brake Rotor Diam x Thickness 13.5 x 1.2 in Rear Brake Rotor Diam x Thickness 13.6 x 1.0 in Drum - Rear (Yes or ) N/A ATTACHMENT 2
551
Winner Chevrolet / Elk Grove Auto Group
Andrew Villareal | (916)509-8598 | [email protected] [Fleet] 2024 Chevrolet Tahoe (CC10706) 2WD 4dr Commercial (7) ( Complete ) This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region.

Data Version: 23179. Data Updated: Aug 12, 2024 6:42:00 PM PDT.

Aug 13, 2024 Page 16
Chassis
Brakes
Rear Drum Diam x Width N/A
Fuel Tank
Fuel Tank Capacity, Approx 24 gal Aux Fuel Tank Capacity, Approx N/A Fuel Tank Location N/A Aux Fuel Tank Location N/A
Dimensions
Interior Dimensions
Passenger Capacity 6 Front Head Room 42.3 in
Front Leg Room 44.5 in Front Shoulder Room 66.0 in
Front Hip Room 61.5 in Second Head Room 38.9 in
Second Leg Room 42.0 in Second Shoulder Room 64.8 in
Second Hip Room 61.3 in Third Head Room N/A
Third Leg Room N/A Third Shoulder Room N/A
Third Hip Room N/A
Exterior Dimensions
Wheelbase 120.9 in Length, Overall w/rear bumper N/A
Length, Overall 210.7 in Width, Max w/o mirrors 81 in
Height, Overall 75.8 in Overhang, Front N/A
Overhang, Rear w/o bumper N/A Front Bumper to Back of Cab N/A Cab to Axle N/A Cab to End of Frame N/A
Ground to Top of Load Floor N/A Ground to Top of Frame N/A Frame Width, Rear N/A Ground Clearance, Front 8 in
Ground Clearance, Rear 8 in Body Length 0.00 ft
Rear Door Opening Height N/A Rear Door Opening Width N/A Side Door Opening Height N/A Side Door Opening Width N/A Step Up Height - Front N/A Step Up Height - Side N/A
Cab to Body N/A
ATTACHMENT 2
552
Winner Chevrolet / Elk Grove Auto Group
Andrew Villareal | (916)509-8598 | [email protected] [Fleet] 2024 Chevrolet Tahoe (CC10706) 2WD 4dr Commercial (7) ( Complete ) This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region.

Data Version: 23179. Data Updated: Aug 12, 2024 6:42:00 PM PDT.

Aug 13, 2024 Page 17
Dimensions
Cargo Area Dimensions
Cargo Area Length @ Floor to Console N/A Cargo Area Length @ Floor to Seat 1 N/A Cargo Area Length @ Floor to Seat 2 N/A Cargo Area Length @ Floor to Seat 3 N/A Cargo Box Width @ Top, Rear N/A Cargo Area Width @ Beltline N/A Cargo Box Width @ Floor N/A Cargo Box Width @ Wheelhousings 49.4 in Cargo Box (Area) Height N/A Tailgate Width N/A
Cargo Volume N/A Cargo Volume to Seat 1 125.9 ft³
Cargo Volume to Seat 2 70.3 ft³ Cargo Volume to Seat 3 N/A Cargo Volume to Seat 4 N/A Ext'd Cab Cargo Volume N/A
Exterior
Doors
Side Door Type N/A
ATTACHMENT 2
553
RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING ISSUANCE OF A PURCHASE ORDER TO WINNER CHEVROLET IN AN AMOUNT NOT-TO-EXCEED $220,707 FOR THREE 2024 CHEVROLET POLICE PATROL VEHICLES
The Livermore Police Department operates 38 marked patrol cars for community protection and emergency services. The City of Livermore’s Fleet Policy currently recommends the replacement of three existing Police Patrol Vehicles.

Livermore Municipal Code section 2.68.360 permits the purchase of certain goods and services through qualifying cooperative purchasing programs. Livermore Municipal Code section 2.68.370 permits the City of Livermore (“City”) to participate in cooperative purchasing programs if the underlying purchase was made using a quotation or bid procedure at least as restrictive as the City’s.

Winner Chevrolet holds a State of California Statewide Contract for passenger cars and light duty pickups, which include police vehicles. This cooperative purchasing program meets the requirements of the Livermore Municipal Code.

On August 13, 2024, the City received a quote from Winner Chevrolet for three 2024 Chevrolet Police Patrol Vehicles with associated equipment in the total amount of $220,706.32.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that it hereby authorizes the City Manager, or her designee, to execute a purchase order, on behalf of the City of Livermore, with Winner Chevrolet in an amount not-to-exceed $220,707, for the purchase and delivery of three 2024 Chevrolet Police Patrol Vehicles in accordance with the terms, specifications and general provisions specified in Statewide Contract 1-22- 23-23D, and section 2.68.370 of the Livermore Municipal Code.

On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on September 09, 2024, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Molly O’Toole
Deborah L. Elam Molly O’Toole
Acting City Clerk Deputy City Attorney
554
CITY COUNCIL STAFF REPORT ITEM NO. 5.16
DATE: September 9, 2024
TO: Honorable Mayor and City Council
FROM: Paul Spence, Assistant City Manager
SUBJECT: Resolution terminating local emergency in response to impacts from a series of severe storm events last year.

RECOMMENDED ACTION
Staff recommends the City Council adopt a resolution terminating local emergency in response to impacts from a series of severe storm events last year.

SUMMARY
On January 10, 2023, the City Council adopted a resolution ratifying the Proclamation of the Director of Emergency Services Concerning the Existence of a Local Emergency (Resolution No. 2023-001) in response to impacts from a series of severe storm events.

On February 27, April 24, June 12, July 24, September 11, October 23, and December 11, 2023, and January 22, 2024, and March 11, 2024, and April 15, 2024, and June 10, 2024, and July 22, 2024 the City Council adopted resolutions of continued local emergency. California Government Code section 8630 directs the City Council to review the need for continuing the local emergency at least once every 60 days.

The City Council adopted a series of resolutions continuing the declaration of emergency since it is required to be active in order to remain eligible to apply for and receive funding for costs to respond to and repair damages caused by the storm events.

As of August 2024 all eligible funding sources under the continuing declaration of emergency for response and repair of damages have been approved and there is no longer need for a continued proclamation of local emergency.

DISCUSSION
On January 4, 2023, the Executive Department of the State of California issued Executive Order N-2-23 proclaiming a State of Emergency for the Atmospheric River that started on December 27, 2022. On 555
January 10, 2023, the City Council ratified a proclamation by the Emergency Services Director of the existence of a local emergency due to conditions of extreme peril to the safety of persons and property that arose within the City of Livermore caused by a series of severe rainstorms and high wind commencing in December 2022 and continuing through January 2023.

Proclamation 23-01 was ratified, as required, by the City Council within seven days (Resolution No. 2023-001). Once ratified, California Government Code section 8630 directs the City Council to review the need for continuing the local emergency at least once every 60 days. On February 27, 2023, the City Council adopted a resolution of continued local emergency (Resolution No. 2023-06).

On March 1, 2023, the Executive Department of the State of California issued a proclamation of State of Emergency due to a severe winter storm event beginning in February 2023 bringing damaging winds and historic precipitation that caused federal and state highways and road closures, and continued to threaten critical infrastructures, power outages, etc.

On March 24, 2023, the Alameda County Director of Emergency Services proclaimed a state of emergency due to conditions of continuing peril that have been presented by winter storms that resumed on February 23, 2023, continuing through March 2023, causing extensive damage and local expenses throughout the County.

On February 27, April 24, June 12, July 24, and September 11, October 23, and December 11, 2023, and on January 22, March 11, and April 15, 2024, and June 10, 2024, and July 22, 2024 the City Council adopted resolutions of continued local emergency (Resolution Nos. 2023-026, and 2023-072, and 2023- 111, and 2023-150, and 2023-159, and 2023-187, and 2023-223, and 2024-012, and 2024-031, and 2024-053, and 2024-091, and 2024-139 respectively).

Staff recommends that the City Council terminate the emergency proclamation to reflect the fact that conditions no longer constitute a state of emergency/disaster and all eligible funding sources under the continuing declaration of emergency for response and repair of damages have been approved.

FISCAL AND ADMINISTRATIVE IMPACTS
There is no fiscal or administrative impact to this action.

COMMUNITY PILLAR
1: A Safe Community That Thrives
GOAL
1: Oversee the City's emergency preparedness, management, and response efforts

ATTACHMENTS

1. Resolution
Prepared by: Herbert Cole
Management Analyst
556
Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
557
RESOLUTION NO. _______

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA A RESOLUTION TERMINATING THE CITY OF LIVERMORE’S PROCLAMATION OF

LOCAL EMERGENCY
(Severe Storm Events – December 2022 through March 2023) On January 4, 2023, the Director of Emergency Services for the City of Livermore proclaimed a local emergency and conditions of extreme peril to the safety of persons and property existed throughout Livermore due to a series of storms, including atmospheric rivers and strong winds.

On January 10, 2023, the City Council adopted Resolution No. 2023-001 ratifying the proclamation of local emergency and determined that ongoing weather conditions warranted the continued maintenance of the proclamation.

On March 1, 2023, and March 28, 2023, California Governor, Gavin Newsom, proclaimed a state of emergency due to the severe winter storms that struck in late February 2023 and that were forecast to continue through mid-March 2023, and applied his proclamation to Alameda County.

Thereafter, the City Council adopted a series of resolutions continuing the declaration of emergency since it is required to be active in order to remain eligible to apply for and receive funding for costs to respond to and repair damages caused by the storm events.

As of August 2024, all eligible funding sources under the continuing declaration of emergency for response and repair of damages have been approved and there is no longer a need for a continued proclamation of local emergency.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that it hereby finds the actual and threatened condition of extreme peril to the safety of persons and property due to the series of storms in 2023, including atmospheric rivers and strong winds, no longer exits and that it hereby terminates the proclamation of local emergency ratified by Resolution No. 2023-001, effective immediately.

On motion of Council Member ____________________, seconded by Council Member _____________________, the foregoing resolution was passed and adopted on September 9, 2024, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
558
RESOLUTION NO. _______
ATTEST: APPROVED AS TO FORM:
____________________________ /s/ Jason Alcala
Deborah L. Elam Jason R. Alcala
Acting City Clerk City Attorney
559
CITY COUNCIL STAFF REPORT ITEM NO. 6.1
DATE: September 9, 2024
TO: Honorable Mayor and City Council
FROM: Joe Testa, Fire Chief
SUBJECT: Hearing to receive and consider protests related to the annual fire hazard abatement program and confirm the 2024 Weed Abatement Program assessments for collection on the County Assessor tax roll.

RECOMMENDED ACTION
Staff recommends City Council consider all protests, and if Council finds appropriate, adopt a resolution overruling protests and confirming the 2024 weed abatement assessments and direct staff to file a certified copy of the assessment report with the County Auditor.

SUMMARY
The Fire Department concluded weed abatement on one (1) parcel in July 2024. As a result, a significant fire hazard in the city has been reduced. The abated parcel is listed in Exhibit A to the resolution.

DISCUSSION
Inspectors surveyed the parcels for compliance after the deadline date of May 31, 2024. All noncompliant parcels were notified with a “Notice of Intent to Abate Hazardous Vegetation” posted on the parcel and a certified letter was sent to the property owner. Staff provided a schedule to all property owners including abatement timelines, type(s) of work needed based on parcel type, size and locations as well as the administrative costs which are charged when the City of Livermore (the City) performs the abatement. Invoices for each property abated have been sent to each property owner. In order to avoid the charges being placed on the parcel tax roll, property owners may pay invoices up to 5:00 p.m. on September 9, 2024.

FISCAL AND ADMINISTRATIVE IMPACTS
The total cost of weed abatement work was $2,637, which includes administrative costs incurred by the City based on Resolution No. 2024-057, which authorized the Fire Department to proceed with the Fire Hazard Abatement Program. The total cost of work is fully recoverable and becomes a special assessment on the property owner's tax bill. Administrative costs include staff time to continue 560
monitoring weed and debris hazards, preparation of parcel lists, publication of notices, mailing of letters, and invoices for the work performed. Also included is the cost of updating the parcel databases.

COMMUNITY PILLAR
1: A Safe Community that Thrives
GOAL
5: Ensure effective fire suppression, prevention, emergency medical and disaster services to meet the evolving needs of our communities and other changing conditions

ATTACHMENTS

1. Resolution

2. Exhibit A - 2024 Weed Abatement Assessments
Prepared by: Shin Oh
Administrative Assistant
Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
561
RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA A RESOLUTION OVERRULING PROTESTS AND CONFIRMING ASSESSMENTS –

FIRE HAZARD ABATEMENT
Pursuant to Government Code sections 39560, et seq., the City of Livermore (“City”) has completed proper notice, hearings, and all required proceedings as described in Resolution Nos. 2024-030 and 2024-057 to abate fire hazards.

On March 11, 2024, the City Council passed and adopted Resolution No. 2024-030 declaring that there exist conditions of growing weeds, accumulated refuse, rubbish or dirt on private property and/or on the streets, parkways and/or sidewalks adjacent to each parcel of real property described in the resolution, and that such conditions are a public nuisance and shall be abated.

On April 15, 2024, the City Council adopted Resolution No. 2024-057 which ordered the abatement of the public nuisances on the properties described in the resolution and declared that the abatement costs (including administrative costs incurred by the City) are the responsibility of the property owners.

The City Clerk has, within the time required by law, prepared the assessment list for the abated properties identified in Exhibit A and caused it to be posted on or near the Council Chamber door with the time shown when said list shall be submitted to the City Council for confirmation at 7 p.m. on September 9, 2024.

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

1. All protests or objections of the property owners, if any, have been overruled by motion.

2. The weed abatement assessments identified in the attached Exhibit A are hereby confirmed, as submitted; and

3. The cost of abating weeds for each property including the administrative costs, shall become an assessment on the property for the unpaid invoiced amount and placed on the County tax roll.

On motion of Councilmember ________________, seconded by Councilmember ___________________, the foregoing Resolution was passed and adopted on September 9, 2024, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
562
RESOLUTION NO. ________

ATTEST: APPROVED AS TO FORM:
____________________________ /s/ Molly O’Toole
Deborah L. Elam Molly A. O’Toole
Acting City Clerk Deputy City Attorney
Exhibit A - 2024 Weed Abatement Assessments
563
Parcel # Property Address Owner(s) Mailing Address Cost of Work Admin Fee Total Due 098 035005400 Marylin Ave Kenneth A TR Kremer 22093 Redwood Rd Castro Valley, CA 94546 1,598.00 1,038.70 2,636.70 Total 1,598.00 $1,038.70 $2,636.70
Total due is rounded to even cents per County tax rules Attachment 1
The real property described in Resolution No. 2024-057 has been posted as required by law and the City Clerk has given written notice of the abatement to all persons owning the property described in Resolution No. 2024-057 at least five days prior to the date set for the hearing of objections to the abatement.

The City Council will conduct a public hearing to consider and rule on protests on September 9, 2024 at 7:00 p.m. If you have any questions or need assistance prior to the meeting, contact the Livermore-Pleasanton Fire Department at 925-454-2366.

Notice of Public Hearing September 9, 2024
Weed Abatement Assessments

EXHIBIT A
564
CITY COUNCIL STAFF REPORT ITEM NO. 6.2
DATE: September 9, 2024
TO: Honorable Mayor and City Council
FROM: Brent Smith, Community Development Director
SUBJECT: Hearing to consider a request for a Specific Plan Amendment, Planned Development, Site Plan Design Review Modification, and Development Agreement Amendment to modify the 2017 approval for the Arroyo Vista Residential Project to increase the height of the single family detached units from two stories to three stories, remove a pedestrian bridge requirement, and secure community benefits including pocket parks and a financial contribution.

RECOMMENDED ACTION
The Planning Commission and staff recommend the City Council:

1. Adopt a resolution certifying the 2024 Arroyo Vista Neighborhood Project Addendum to the Arroyo Vista Neighborhood Plan Initial Study Mitigated Negative Declaration [IS/MND], as amended by the 2017 Addendum for the Arroyo Vista Residential Development,

2. Adopt a resolution approving Specific Plan Amendment (SPPA) 24-002;

3. Adopt a resolution approving Site Plan Design Review Modification (SPDRM) 24-002;

4. Introduce an ordinance and waive the first reading authorizing execution of Planned Development Amendment (PD) 24-001; and

5. Introduce an ordinance and waive the first reading authorizing execution of Development Agreement Amendment (DAA) 24-001.

SUMMARY
In 2017, Summerhill LLC. received approval to build 435 residential homes known as the Arroyo Vista Project. In 2024, Trumark Homes, LLC., who purchased the project applied to modify the 2017 approval by increasing the number of stories for the single-family homes from two stories to three stories, remove the pedestrian bridge requirement, incorporate two pocket parks in place of the bridge landings, and provide an in-lieu contribution of $2,000,000. The site is located southeast of Arroyo Vista and Las Positas Road and is approximately 29 acres total. The project includes a Specific Plan Amendment, Planned Development rezoning, Site Plan Design Review Modification, and Development Agreement Amendment. No other portions of the 2017 approved neighborhood are being changed with the current proposal. The project has not yet been constructed, but part of the site is currently being graded to allow 565
construction of the residential buildings that are not subject to this amendment.

DISCUSSION

BACKGROUND
On February 9, 2004, the Livermore City Council adopted the 2003 Livermore General Plan identifying the subject site as an appropriate location for a new residential neighborhood. On July 2, 2007, the Livermore City Council adopted Resolution 2007-131 approving the Arroyo Vista Neighborhood Plan (Neighborhood Plan), establishing the basic development framework for residential land use, circulation, open space, architecture, and landscaping for the project site. The Neighborhood Plan established a requirement for Planned Development Residential rezoning, Tentative Subdivision Map, Site Plan and Design Review, and Development Agreement application in order to develop the property. On July 24, 2017, the Livermore City Council approved land use entitlements for Summerhill Homes to develop 435 residential units. The project included single-family homes, town flats, and townhomes with amenities such as a community pool, clubhouse, two neighborhood parks, frontage improvements, and a walking trail with a pedestrian bridge over the Arroyo Seco Channel. The specific entitlements were Planned Development (PD) 16-004, Development Agreement (DA) 17-002, Vesting Tentative Tract Map (VTTM) 8379 Subdivision (SUB16-010), and Site Plan Design Review (SPDR16-027).

Summerhill Homes never developed the project and it was eventually sold to Trumark Homes, LLC. On January 8, 2024, Trumark Homes, LLC., applied for an amendment to the project as part of this current application. This amendment includes changes to the height and design of single-family detached residential units, removal of an approved pedestrian bridge and replacement with pocket parks, as well as an in-lieu contribution of $2,000,000 to the Community Benefit Fund and Social Opportunity Endowment Fund.

PROJECT DESCRIPTION
The project site includes approximately 29 acres divided into two parcels that are bisected by the Arroyo Seco flood control channel located southeast of Arroyo Vista and Las Positas Road. The project is an amendment to the approved Arroyo Vista Neighborhood Plan (Neighborhood Plan) and Arroyo Vista Project. The Arroyo Vista Project and entitlements satisfied the Arroyo Vista Neighborhood Plan implementation requirements.

The current project proposal includes modifications to the 86 Single-Family Detached houses on the western parcel, removal of the pedestrian bridge over the Arroyo Seco channel, and the addition of two pocket parks in place of the respective bridge landing as well as open space, pedestrian pathways, and other amenities such as benches along the walking trail. The project also includes a financial contribution that is a community benefit as described below. No other portions of the 2017 approved neighborhood are being changed with the current proposal as the number of residential lots and site plan layout are remaining unchanged.

It should be noted that if the project is approved, a new Final Map for the western parcel will require future City Council approval. The approved pedestrian bridge is proposed to be removed primarily due to long-term maintenance and cost issues. Zone 7 owns and maintains the Arroyo Seco flood control channel – the bridge would span over this channel. The Neighborhood Plan Amendments are provided in Attachment 12. The current Planned Development Residential rezoning for the property would be 566
amended to permit the increased height for the Single-Family Detached houses. In addition, the Planned Development Residential zoning required a pedestrian bridge over the Arroyo Seco Channel to be developed. In place of the pedestrian bridge landings, the Project proposes two pocket parks.

The 86 Single-Family Detached houses are located on the western parcel of the project site. Attachment 2 shows the Project location and the site plan as well as the boundaries of the amendment. These units would be increased from two stories to three stories in height up to a maximum of 45 feet. The architecture for the Single-Family Detached houses is also modified to account for the increased building height. The Developer proposes three floor plans, please refer to Table 1 in Attachment 1. The Development Agreement Amendment captures the modified entitlements and property owner obligations, including removal of the pedestrian bridge, addition of the pocket parks, and a financial contribution of $2,000,000 to the City to be split evenly between the Community Benefit Fund and Social Opportunity Endowment Fund. Other off-site improvements include streetscape improvements along all public street frontages and underground utilities.

DESCRIPTION, CONTEXT, AND ANALYSIS
For a complete project description, site context, and analysis of applicable State and local standards, please review the attached Staff Analysis Planning Commission Memorandum (Attachment 1).

PLANNING COMMISSION AND PUBLIC COMMENT
The Planning Commission considered the project at a public hearing on July 16, 2024. The draft meeting minutes summarize the discussion (Attachment 3). Staff received one written public comment via email requesting clarification for how the project meets the inclusionary housing requirements. The e-mail was included as part of a supplemental packet provided to the Planning Commission on July 16, 2024. In addition, there was one speaker who called for revisions to the staff report to clarify the circumstances that occurred impacting the bridge feasibility with the City and Zone 7.

The Planning Commission's primary topics of discussion included architecture, active transportation and connectivity, bridge infeasibility, open space, and the community benefit financial contribution. Ultimately, the Planning Commission unanimously approved the project with recommendations to amend two conditions of approval and adding one new condition as shown below. The underlined text indicates the Planning Commission changes. These recommendations have been incorporated into the attached project Conditions of Approval:

1. Prior to Final Map, the applicant shall provide a plan showing and installing a pedestrian path connecting the pocket park on the west site to the Arroyo Seco trail as approved by the Community Development Director. The applicant will be responsible for grading in such a way that does not inhibit the feasibility of this design as the design will be finalized in the Final Map and Improvement Plan Stage. The Community Development Director can waive this condition if construction of the pedestrian path becomes infeasible.

2. Prior to the Final Map approval, the applicant shall design and provide two benches along the 5’ path to the west of the Arroyo Seco Channel trail. The Community Development Director can waive this condition of installation of the two benches becomes infeasible.

3. To the extent feasible, the developer shall enhance the unit located at the corner of Las Positas Road and Arroyo Vista to reduce the visual massing and provide articulation (lot #1). 567
It should be noted that Planned Development zoning district has been further amended by staff with a small change for clarity, but no change in policies, since the Planning Commission meeting. This staff change is indicated on Exhibit A to the Planning Commission Project Approval Resolution.

ENVIRONMENTAL DETERMINATION
A 2024 Addendum to the Arroyo Vista Neighborhood Plan Initial Study Mitigated Negative Declaration [IS/MND], as amended by the 2017 Addendum for the Arroyo Vista Residential Development, was prepared for the project. No new impacts or mitigation measures were identified in the 2024 Addendum (Attachment 4). As described in the Environmental Resolution (Attachment 4), no subsequent or supplemental IS/MND is required under the provisions of California Environmental Quality Act (CEQA) Guidelines section 15162. No subsequent Negative Declaration is required given that substantial project and circumstantial changes have not occurred and no new information of substantial importance as set forth in CEQA Guidelines 15162 exists.

FISCAL AND ADMINISTRATIVE IMPACTS
Staff time allocated to land use entitlement review are offset by required entitlement application fees. The incremental increase in demand for water, sewer, and stormwater services will be offset by required impact fees and utility connection fees. All new onsite streets, parks, and landscaping will be privately maintained by the project’s Homeowner’s Association (HOA). Consistent with Livermore’s practice, onsite water and sewer lines would be maintained by the City, which would be covered by user fees. The project would also utilize a Community Facilities District to pay for offsite public improvements that will help serve the future residents of this project. In addition, the project will contribute $2,000,000 to be split evenly into the Community Benefit Fund and Social Opportunity Endowment Fund.

COMMUNITY PILLAR
1: A Safe Community that Thrives
GOAL
9: Facilitate new development consistent with the City’s General Plan.

ATTACHMENTS

1. Memo - Staff Analysis - Arroyo Vista

2. Location Map

3. Planning Commission Meeting Minutes

4. Resolution - CEQA

5. Exhibit A - Planning Commission CEQA Resolution

6. Exhibit B - 2017 Addendum

7. Exhibit C - MMRP

8. Exhibit D - Arroyo Vista Addendum

9. Resolution - Specific Plan Amendments

10. Exhibit A - Planning Commission Project Approval Resolution

11. Exhibit B - Specific Plan Amendments
568

12. Resolution - Project

13. Exhibit A - Planning Commission Project Resolution

14. Exhibit B - Proposed Plans

15. Exhibit C - Conditions of Approval

16. Ordinance - Planned Development

17. Exhibit A - Planning Commission Project Approval Resolution

18. Exhibit B - Planned Development Text Amendment

19. Ordinance - Development Agreement Amendment

20. Exhibit A - Planning Commission Project Approval Resolution

21. Exhibit B - Development Agreement Amendment
Prepared by: Kaitlyn Harrison
Assistant Planner
Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
569
1 ATTACHMENT 1

PLANNING COMMISSION MEMORANDUM
TO: Chairperson Anderson and
Members of the Planning Commission
PREPARED BY: Kaitlyn Harrison, Assistant Planner
REVIEWED BY: Stephen Riley, Planning Manager
Ashley Vera, Acting Principal
Planner
DATE: July 16, 2024
SUBJECT: Specific Plan Amendment (SPPA) 24-002, Planned Development (PD) 24-001, Site Plan Design Review Modification (SPDRM) 24- 002, and Development Agreement Amendment (DAA) 24-001,
amending previous entitlements to allow minor design changes to single family detached homes, removal of pedestrian bridge and securing community amenities including pocket parks and financial contribution for the Arroyo Vista Development.

The project is an amendment to the approved Arroyo Vista Neighborhood Plan (Neighborhood Plan) and Arroyo Vista Project. In 2007, the City Council approved the Neighborhood Plan which established the framework for residential land use, circulation, open space, architecture, and landscaping for the project site. In 2017, the City Council approved the Arroyo Vista Project for the construction of 435 residential units, two neighborhood parks, open space, pedestrian pathways, landscaping, lighting, streetscape improvements, and a pedestrian bridge over the Arroyo Seco channel to connect the two sides of the project. The Arroyo Vista Project included a Vesting Tentative Tract Map, Planned Development zoning, Site Plan and Design Review, and Development Agreement. The Arroyo Vista Project and entitlements satisfied the Arroyo Vista Neighborhood Plan implementation requirements.

The residential project has not yet been constructed, but part of the site is currently being graded to allow construction of the residential buildings that are not subject to this amendment.
570
2 ATTACHMENT 1
The current project proposal includes modifications to the 86 Single-Family Detached houses on the western parcel, removal of the pedestrian bridge over the Arroyo Seco channel, and the addition of two pocket parks in place of the bridge landing totaling approximately 0.2 acres as well as open space, pedestrian pathways, and other amenities such as benches along the walking trail on the 15.62-acre project site. The project also includes a financial contribution that is a community benefit as described below. No other portions of the 2017 approved neighborhood are being changed with the current proposal as the number of residential lots and site plan layout are remaining unchanged. It should be noted that if the project is approved, a new Final Map for the western parcel will require future City Council approval.

The approved pedestrian bridge is proposed to be removed primarily due to liability and legal issues that could not be resolved with the City and Zone 7. Zone 7 owns and maintains the Arroyo Seco flood control channel – the bridge would span over this channel. The Neighborhood Plan Amendments are provided in Attachment 9.

The current Planned Development Residential zoning for the property would be replaced with a new Planned Development Residential zoning to permit the increased height for the Single-Family Detached houses. In addition, the Planned Development Residential zoning required a pedestrian bridge over the Arroyo Seco Channel to be developed. In place of the pedestrian bridge landings, the Project proposes two pocket parks.

The 86 Single-Family Detached houses are located on the western parcel of the project site. Attachment 2 shows the Project location and the site plan and the boundaries of the amendment. These units would be increased from two stories to three stories in height up to a maximum of 45 feet. The architecture for the Single-Family Detached houses is also modified to account for the increased building height. The Developer proposes three floor plans, as follows:

Table 1. Single-Family Detached Units
Plan # Number of
Units
Living Space (sq
ft)
Bedroom/Bathrooms
1 19 3,101 3 / 3/ ADU
2 37 2,837 4 / 3
3 30 2,958 4 / 3
The Development Agreement Amendment captures the modified entitlements and property owner obligations, including removal of the pedestrian bridge, addition of the pocket parks, and a financial contribution of $2,000,000 to the City to be split evenly between the Community Benefit Fund and Social Opportunity Endowment Fund.

Other off-site improvements include streetscape improvements along all public street frontages and underground utilities.

PROJECT SITE CONTEXT
The site is relatively flat and vacant. The project site is bisected by the Arroyo Seco flood 571
3 ATTACHMENT 1
control channel, which is lined with sparse vegetation. The site is surrounded by existing commercial and light industrial development, although the vacant land to the east of the eastern project parcel also has a dual designation allowing for residential development (see table below). While the site is currently flat and vacant, ongoing construction is occurring on the west parcel because the City has approved a Final Map and Improvement Plans for the west parcel.

The Project would have to obtain a new Final Map and Improvement Plans, consistent with this amendment, if the Planning Commission recommends and City Council ultimately approve this Project. The proposed conditions of approval ensure that ongoing construction shall not preclude conditions of approval, design features, or standards required for this Project.

Table 2. Project Property and Surrounding Land Uses
General Plan
Designation
Current Zoning
Classification
Existing
Land Use
North Community Serving
General Commercial
(CSGC) (LII)
Planned Unit Development
PUD 138
Community
Serving
General
Commercial
South Low Intensity Industrial
(LII)
Planned Unit Development
PUD 246-81
Light
industrial
East
Low Intensity Industrial
(LII) or Urban High
Residential (UH) - 5b (30
to 38 du/acre),
Transfer of Development
Credit Receiver Site
Planned Unit Development
PUD 246-81 Light
Industrial
West Neighborhood
Commercial
Planned Development -
Commercial PDC 00-193
Commercial
Subject Site
Low Intensity Industrial
(HII) or Urban High
Residential (UH)- 3 (14 to
18 du/acre), Transfer of
Development Credit
Receiver Site, floating
Open Space/Park (OSP)
[on the western parcel]
Planned Unit Development
PD-16-004
Vacant

STAFF ANALYSIS
General Plan
The site has a dual General Plan Land Use designation of Low Intensity Industrial (LII) or Urban High Residential - 3 (14 to 18 du/acre) (UH-3), with an Open Space floating 572
4 ATTACHMENT 1
designation. The dual designation gives the property owner a choice to develop a residential or industrial project. Consistent with the UH-3 designation, the 2017 approved project had a gross density of approximately 15 units per acre. The number of units are not being modified as part of the project proposal. Therefore, the project is consistent with SPDR 16-007 and meets the density requirement for UH-3 designation.

The "floating" Open Space/Park (OSP) designation is not site specific, but rather indicates the general area where the City anticipates a future need for park facilities. The Neighborhood Plan specifies that the future development shall have two accessible, neighborhood-serving parks at least 0.2 acres in size and located on either side of the site.

The proposed project complies with this requirement, as described in detail under Open Space and Parks below. The 2017 approved provides two accessible parks at the east and west parcels of at least 0.2 acres in size which is not being modified as part of this project proposal. In addition, two pocket parks are being provided on the east and west parcels.

The project meets the open space requirement.

The General Plan Land Use, Housing, and Community Character Elements include the following Goals, Objectives, and Policies for new development projects within the City of Livermore. The amended project continues to support the broader goals and policies that the 2017 project supported including:
• Goal LU-1 Protect the unique qualities of Livermore, which include a historic Downtown, a variety of residential neighborhoods, vineyards, ranches, natural habitats, and open space.
• Obj. LU-1.1 Locate new development so as to create a consolidated pattern of urbanization, maximizing the use of existing public services and facilities. • Housing - Goal 1: Diversity of housing choice: Address the diverse housing needs of all economic segments of the community by allowing for a range of housing types, price levels, and density.
• Goal CC-2 Maintain high standards of urban design in Livermore. • Obj. CC-2.1Maintain and enhance Livermore's urban design quality and encourage high quality design in all new development and redevelopment. • Policy P4:

Design requirements and amenities shall be encouraged in new development and redevelopment, including, but not limited to:
(a) Interconnected street layout;
(b) Clustering of buildings;
(c) Landscaping on each lot;
(d) Visual buffers;
(e) Facilitating pedestrian activity; and
(f) Distinctiveness in architectural design.
• Policy P6:

New residential, commercial, and mixed-use neighborhoods shall promote comfortable, safe, and human-scaled design, pedestrian-oriented design features, The proposed project continues to implement the General Plan and Arroyo Vista 573
5 ATTACHMENT 1
Neighborhood Plan, as amended. The project provides a cohesive, pedestrian-oriented neighborhood that incorporates community design elements with trails, open space, and walkways connecting to the surrounding area. This infill project also implements a smart growth strategy by avoiding "greenfield" development and suburban sprawl, utilizing existing infrastructure systems, and placing a higher density residential project near bus routes and services on First Street. The Vasco ACE station is located 1.3 miles east of the site (a 25-minute walk or 10-minute bike ride).

Transfer of Development Credit Program: The General Plan designates the site as a Transfer of Development Credit (TDC) Receiver Site. As a TDC Receiver Site, any residential development is subject to the provisions of the City's TDC Ordinance. Under the TDC Ordinance, the residential builder must purchase one and one-quarter TDCs for each detached dwelling and one-half TDC for each attached dwelling. TDC's may be purchased from willing sellers in North Livermore, or the builder may pay an in-lieu fee. In-lieu fee revenue may then be utilized by the City to acquire open space in North Livermore.

The Developer did comply with the TDC Ordinance by paying the in-lieu fee for the west parcel of $1,643,407.16. The developer will also pay the appropriate TDC fees for the east parcel prior to final map approval for that side.

Zoning
The site's current Zoning Classification is Planned Development (PD) 16-004. The proposal includes a Planned Development rezoning, which will implement the General Plan UH-3 designation and Arroyo Vista Neighborhood Plan as well as allow building heights of three stories and allow a height of up to 45 feet. The Planned Development also incorporates all provisions of the corresponding TDC receiving area General Plan Designation, as well as the TDC Ordinance requirements from the previous Planned Development.

Arroyo Vista Neighborhood Plan
The Neighborhood Plan includes elements that should remain relatively fixed and elements that are more flexible. The Arroyo Vista Neighborhood Plan includes the following essential elements:
• An attractive architectural street facade along the entire perimeter of the project site,
• At least three different housing types,
• An interconnected, pedestrian-friendly street system, • A hierarchical open space system of parks and common open space areas,
• Preservation of trees and natural features, to the extent possible, and • A buffer (building setback) and multi-use trail along the Arroyo Seco Channel.

Other fixed elements include but are not limited to: the density range, minimum amount of park and open space per attached unit, building heights, and setbacks/separations (mainly for the single-family detached product type). Examples of flexible elements 574
6 ATTACHMENT 1
include the distribution of development prototypes, precise street layout, the open space and park space configuration, and architectural styles.

The proposed project meets or exceeds all Neighborhood Plan requirements and is consistent with the general intent of the essential and flexible elements, as amended.

For example, all of the paseos meet the minimum paseo width requirement with many of them exceeding the standard requirement. Additionally, park space is proposed in the form of pocket parks. The following sections elaborate on how the proposal implements the Arroyo Vista Neighborhood Plan.

Land Use Compatibility
The site has been designated for residential development since the 2004 General Plan update. Residential uses in the project area will benefit from the proximity to commercial uses on First Street, I-580, Arroyo Seco, and the ACE Train Station. The Neighborhood Plan addresses the interface between residential uses and the light industrial and commercial uses in the surrounding area. For example, landscaped setbacks along the project frontage and on properties across Las Positas Road and Arroyo Vista also serve as buffers. The Project as modified remains compatible with the Land Use.

Site Plan
Street Pattern
Unless otherwise stated, the following analysis is specific to the modified project only, rather the full development. Generally, this design is consistent with the 2017 approval with minor changes of 26-foot-wide streets serving the single-family homes to accommodate emergency vehicle access and to the three-story homes. A public loop street will be provided for primary vehicle circulation. The loop road will meet City standards for public streets, with a curb-to-curb width of 34 feet and 5-foot-wide sidewalks. Secondary circulation will be provided by private alleys that are 20 feet or 26 feet wide. The alleys will provide vehicular access to garages.

The street pattern and sections shown on the Site Plan are consistent with the Arroyo Vista Neighborhood Plan's design concept, street sections, and Design Standards and Guidelines. The proposed street pattern reflects the Neighborhood Plan's vision and urban design concepts for a pedestrian-oriented development. For example, all units will have entries facing a street or paseo (i.e., a landscaped pathway between residences or along open spaces).

The sidewalks, paseos, and multi-use trail along the Arroyo Seco will provide a wellconnected network for walking and biking. The loop streets will have on street parking on at least one side of the street, with a separated sidewalk with a landscape strip on the other side. These features, in addition to the two raised crosswalks on the loop street, will enhance safety by calming traffic speeds. Additional features such as street trees, benches, and human-scaled lighting such as lighted bollards will further enhance the pedestrian environment.
575
7 ATTACHMENT 1
Traffic
The number of units from the 2017 approval is the same and is consistent with the traffic analysis. Therefore, there are no new traffic impacts related to the modified project proposal.

Vehicle and Bike Parking
According to the Neighborhood Plan, all units shall have two dedicated parking spaces.

In addition, single-family detached units should have at least one space per unit of onsite guest parking. The proposed development requires 172 off-street resident spaces (2 per unit) and 86 on-street guest parking spaces (1 per unit) for a total of 258 spaces and an overall ratio of 3 spaces per unit. All 86 units will have a two-car garage with ground floor alley access (for a total of 172 off-street parking spaces). Additionally, the 2017 approval included a minimum of eight bicycle stalls at each neighborhood park that were to be located adjacent to bike paths. The modified Project is consistent with this requirement and does not make any changes to the 2017 approval. The proposed ratio of 3 parking spaces per unit exceeds the cumulative total required for the project site under the Livermore Development Code.

Any new or existing on-street parking along Arroyo Vista is considered as off-site parking and does not count towards the guest parking minimum. Consistent with the 2017 approval, 15 on-street parking spaces will be located on Arroyo Vista.

Trails, Pedestrian, and Bicycle Facilities
The project includes a paved 12-foot-wide multi-use trail along the west side of Arroyo Seco utilizing a Zone 7 service road. This trail segment is a required element of the Neighborhood Plan and is consistent with the 2017 approval. The project proposal is to remove the pedestrian bridge but is conditioned to install a pathway connecting the new western pocket park to the Arroyo Seco trail and add two benches along the trail.

The project will provide a signalized intersection with four-legged crosswalks as a trail crossing of Las Positas Road. The 2017 Traffic Assessment also recommends installation of a high visibility crosswalk on Arroyo Vista at the trail crossing to the north.

As a condition of approval (Engineering Considerations), the project will also install buffered bike lanes on Las Positas Road along the project frontage consistent with the 2017 Engineering Considerations.

In lieu of the pedestrian bridge, the project still provides a sidewalk pedestrian connection at Las Positas Road between the east and west parcels. In addition, there are internal pedestrian paths that will connect to the Las Positas Road sidewalk, the Arroyo Seco trail, both pocket parks, the approved on-site amenities (e.g. pool and recreation building) and the bike lanes. Furthermore, In lieu of a pedestrian bridge to connect the east and west parcels of the site, the Developer will contribute $2,000,000 to be evenly split between the Community Benefit Fund and the Social Opportunity Endowment Fund. Refer to the 2017 Development Agreement for developer contributions to off-site trail improvements that would help enhance connectivity to nearby destinations. The modified Project does not make changes to these off-site trail 576
8 ATTACHMENT 1
improvements and is consistent with the 2017 Development Agreement.

The closest existing public park is Lester Knott Park, located on Mines Road approximately 0.7 mile west of the site (15-minute walk). The closest school is Jackson Avenue Elementary School, about 1.5 miles to the south, while Junction Avenue K-8 School is two miles to the west of the site. The site is also within biking distance to the two ACE stations located less than 2 miles to the east and 2 miles to the south-west.

The pedestrian, bicycle, and transit options in the area and proposed by the project will allow for and encourage non-automobile trips, consistent with the 2017 approval.

Open Space and Parks
The Neighborhood Plan envisions a hierarchical system of open space types, interconnected by a network of pathways. The guiding principles include:
• conveniently accessible neighborhood parks on each side of the channel, • usable common open space areas including paseos,
• minimum 30' wide buffer areas and multi-purpose trails adjacent to the Arroyo Seco Channel, and
• recreation amenities that shall include at least one tot lot or playground and a prominent community center or clubhouse. A pool is also encouraged as an additional amenity.

The Neighborhood Plan assumes that the front and side yards of detached units will provide sufficient open space for these product types and does not specify a minimum area per unit. The proposed open space plan for the modified Project includes about 3 acres of open space and .07 acre of private open space.

The required open space must be distributed among three types: common areas, private space, and semi-private space. The proposed open space plan complies with the required distribution of the total open space by type. Common areas are defined as usable open spaces shared or common with other property owners, such as neighborhood and pocket parks, greens, gardens, and paseos. The multi use trail along Arroyo Seco also counts towards the common open space requirement, as the Neighborhood Plan considers this a principal component of the recreational/open space concept. Private spaces proposed on the site include areas for the exclusive use of a single property owner including porches, balconies, and courtyards. Semi-private areas include all other landscaped areas on the site, such as paseos.

Overall, the open space plan establishes a hierarchical system of parks and common areas interconnected by a network of pathways, consistent with the key design elements of the Neighborhood Plan. The 2017 approved project integrates a neighborhood park into each side of the site, providing key community gathering spaces and recreational opportunities as well as pocket parks. The parks are centrally located to facilitate maximum accessibility for residents and meet the minimum size requirement of 0.2 acre each. The acreage for these neighborhood parks are not factored into the total open 577
9 ATTACHMENT 1
space provided because they are not within in the scope of this project. However, together with the modified Project, they help to meet the amenity requirement specified by the Neighborhood Plan of a clubhouse. Additionally, a pool is recommended and is provided in the 2017 approval. These parks have not changed as part of the current project and are consistent with the 2017 approval.

The new proposed pocket park on the west side of the site is 0.14-acres and includes a barbeque area and picnic tables located under a pergola. The project still includes the larger neighborhood park with a clubhouse, outdoor kitchen, outdoor fireplace, lounge areas, cabanas, and two pools; the area with these amenities will have restricted access for residents and their guests. The pools will be sized 1,250 square feet (for adults and older children) and 240 square feet (for young children).

The new pocket park on the east side will be 0.07 acre and includes a barbeque area and picnic tables located under a pergola. Other usable common areas include landscaped paseos and small plazas. Pedestrian features along the walking routes provide additional resident amenities and increase the functionality of these linear open spaces. The modified Project and 2017 approval combined, meet the Open Space, Parks, and Neighborhood Plan requirements.

Lot Layout
The project changes does not significantly modify the lot layout approved in 2017. The site design and lot layout enable the units to front onto streets, paseos, and/or parks. No units back onto public streets. This orientation activates the streetscapes and common areas (parks and paseos) by facing these public spaces with building entries that provide visual interest and pedestrian level details. For example, the few units facing the pocket parks provide "eyes" on these spaces, enhancing security. The single-family homes provide units with varying massing and three architectural styles. The lot layout is consistent with the Neighborhood Plan's intent to provide a residential development that is visually interesting, architecturally diverse, and consistent with the 2017 approval.

Public Services
The number of units in this Project is not changing. Thus, adequate fire and police protection services will be provided consistent with the 2017 approval. City water services are already in place for the neighboring industrial development and would accommodate the project. The project incorporates bioretention swales to provide water quality treatment and control storm water runoff, consistent with City policies and permitting requirements The project is consistent with the 2017 approval and will have adequate public services.

Trash Collection
The Trash Service Exhibit demonstrates that there will be space for each unit to set out three bins (garbage, organics, and recyclables) next to their garage or along the street without affecting on-street parking. Given that the Homeowner's Association will maintain the on-site landscaping, resident use of the organics bins is expected to be minor. Livermore Sanitation, the City's solid waste franchisee, reviewed the trash 578
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collection plan and confirmed that it is sufficient for truck turning and solid waste collection purposes.

Development Agreement Amendment
The purpose of Development Agreement 17-002 and Development Agreement Amendment 24-001 is to provide certainty with respect to the entitlement process, conditions of approval, impact fees to be paid by the Developer, implementation of City policies, and the terms negotiated in the settlement agreement between the property owner and City. In addition, in order to provide public benefits, the developer will provide financial contributions towards off-site trail, consistent with the 2017 approval.

Development Agreement 17-002 implemented a pedestrian bridge that was envisioned in the Neighborhood Plan and codified in Planned Development 16-004. Due to the development of the bridge becoming infeasible, the Developer applied for Development Agreement Amendment 24-001 to remove the pedestrian bridge requirement, replace the landing areas with pocket parks, and contribute in-lieu fees in place of the bridge.

Development Agreement Amendment 24-001 establishes an in-lieu contribution of $2,000,000 to be split evenly between the Community Benefit Fund and Social Opportunity Endowment Fund. The contribution will be spread over three payments tied to final map and building permit milestones.

Planned Development
Planned Development 16-004 establishes permitted uses and development standards to implement the Neighborhood Plan. The Neighborhood Plan requires a zoning amendment to Planned Development 16-004 to allow three stories and remove the pedestrian bridge requirement. The Planned Development District requires compliance with the TDC Ordinance. Consistent with the 2017 approval, all requirements of the Planned Development have been met.

Site Plan and Design Review
The Arroyo Vista Neighborhood Plan's Design Standards and Guidelines encourage and guide creativity, flexibility, and variety while providing specific requirements and recommendations for landscaping, architectural details, and treatments. The project’s site plan and design elements are consistent with the Neighborhood Plan's Design Standards and Guidelines, as well as the Livermore Development Code and General Plan. As discussed under Site Plan above, the site plan creates a compatible, human-scaled environment that is both attractive and inviting. The following sections focus on the neighborhood design and the architecture of the proposed Single-Family Detached houses.

Neighborhood Design
Key design features include creating an attractive architectural street facade along the entire perimeter of the site, along paseos, and/or pocket parks. Orienting units to front onto streets, paseos, and/or pocket parks creates an interesting public face for the neighborhood by 579
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activating the streetscape and avoids creating an isolated enclave of housing. The project complies by orienting the units towards the adjacent existing public streets (rather than facing inward). The paseos provide a safe and inviting extension of sidewalks, consistent with the design principles under 4.1.4.3. The streetscape helps establish a strong identity for the neighborhood (4.1.7). The design is consistent with the 2017 approval and meets all standards.

Edges
The Neighborhood Plan provides standards and guidelines on public and private edges (4.1.2.2). The project has been designed for consistency with these provisions. For example, the project would replace the existing chain-link fence along the site boundary of the Zone 7 channel with a three-foot tall concrete split rail fence. This design is consistent with the Neighborhood Plan guidelines and the 2017 approval for the interface to be kept as open and natural as possible, with fencing that is rural in character and encourages views along and across the channel. In addition, the units adjacent to the neighborhood parks would be separated from the active play areas by a landscape border, accent trees, and pathways.

Building Standards
This project establishes Planned Development 24-001 to allow flexibility for building heights of up to 45 feet and three stories. The proposed development is consistent with the Neighborhood Plan's standards and guidelines and the 2017 approval for individual building prototypes, setbacks, and building separations. The single-family detached houses are three stories and up to 45 feet tall, which is compatible with the surrounding residential buildings of three stories and up to 45 feet tall.

Under the Neighborhood Plan, front setbacks are measured from the back of sidewalk or pathway (if along a paseo). The minimum lot size and setback requirements for small lot single-family detached homes are summarized in Section 4.1.5.1 of the Neighborhood Plan.

The proposed development complies with the minimums for building separations along paseos (4.1.3.1) Specifically, the side yard separation between units is 10 feet minimum under the Neighborhood Plan and PD24-001.The development also complies with the minimum distance between garage faces along alleys of 32 feet. These separations are greater than those provided at similar developments, as shown in the table below.

Massing and Scale
The proposal's massing plan demonstrates the distribution of architectural styles and plan types throughout the site. The single-family detached houses products, at three stories, are in the northwestern portion of the site. The single-family product is detached, which helps to reduce the bulk and massing providing a transition with the single-story commercial buildings along First Street and within the adjacent business park to the north.

At the individual building scale, massing is subdivided and broken down by porches, balconies, and base treatments to create a human scale. For example, a variety of roof forms, heights, and covered porches that lead to distinct entries for each unit. Corner units provide wrapped porches to reduce the visual verticality in prominent locations and help to 580
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activate the streetscape. In addition, trees are used strategically to reduce the visual verticality. The modified design is consistent with the intent of the 2017 approval and meets all standards.

Architecture
The Neighborhood Plan sets forth fundamental design principles on architecture and specific Design Standards and Guidelines on single story elements, recessed or projecting second story wall planes, rear architectural treatment (windows, doors, and ornamentation), roof form, corner lot treatment, garage placement and setbacks, architectural details, and green development. The proposed architectural styles include Craftsman, Ranch, and Prairie consistent with the 2017 approval.

As shown on the Architectural Site Plan, there is variation in architectural style along the neighborhood streets. The proposal utilizes natural looking colors and materials that will create a harmonious, yet varied streetscape. The proposed designs include decorative elements such as balconies, corbels, and shutters.

The project complies with the fundamental design principles and specific standards and guidelines related to architecture.

Landscape Design
The Neighborhood Plan calls for landscaping that is healthy, attractive, and sustainable. It should provide a common thread, with a mix of linear spaces, neighborhood greens, landscaped plazas, and gardens. Plan guidelines include use of native and drought tolerant plant materials, contextual to the City of Livermore; colorful, highly accented, and flowering plantings; increased trees and other plantings for emphasis at entryways; and shade trees along on-site site pathways and sidewalks.

The proposed landscape plan, including the plant palette, conforms to these guidelines. The proposed development's landscaping will enhance the pedestrian scale of the buildings, soften the built environment, and create usable pedestrian areas. Plant materials will be utilized in an orderly manner that defines the site's spatial organization and function.

The homeowner's association will be responsible for maintaining all landscaping on-site and within the public right-of-way adjacent to the site. This includes front yard landscaping (except for where enclosed within a fence).

The landscape plan must comply with the Water Efficient Landscape Ordinance, as a condition of approval. The preliminary data on water usage in the proposed landscape plan indicates compliance with the ordinance.

Other Features
The project is consistent with the Neighborhood Plan's standards and guidelines on lighting, fences and walls, utilities, and solid waste management (Section 4.1.4). Side yard fencing for 581
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the single-family detached units would be six feet tall consistent with the 2017 approval.

The above ground utilities along streets will be screened with vegetation, and the air conditioning units for the residential buildings will be screened with wood enclosures. This design will minimize visual impacts. To ensure the vegetation provide sufficient year round screening, staff makes the following recommendation.

Recommended Condition: Prior to Improvement Plan approval, the improvements plans should show that Evergreen and shrub plantings shall be installed around the above-ground utilities to adequately screen them. 582
ATTACHMENT 2
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JULY 16, 2024 Draft Minutes PLANNING COMMISSION

DRAFT PLANNING COMMISSION
JULY 16, 2024
________________________________________________________________

REGULAR MEETING

1. CALL TO ORDER – The meeting of the Planning Commission was called to order by Chairperson Jacob Anderson at 7:00 pm, held in person at 1016 S.

Livermore Avenue.

ROLL CALL – Present: Chairperson Anderson, Vice-Chairperson Yolanda Fintschenko, Commissioner Steven Dunbar, Commissioner Daniel Leary, Commissioner Tracy Kronzak.

PLEDGE OF ALLEGIANCE

2. OPEN FORUM
Chairperson Anderson opened and closed the public comment period.

3. CONSENT CALENDAR

3.1 Approval of the March 21, 2023 Planning Commission Draft Meeting Minutes.

3.3 Approval of the August 15, 2023 Planning Commission Draft Meeting Minutes.

3.5 Approval of the November 21, 2023 Planning Commission Draft Meeting Minutes.

3.6 Approval of the December 5, 2023 Planning Commission Draft Meeting Minutes.

Recommendation:

Staff recommends the Planning Commission approve the draft minutes.

ON THE MOTION OF COMMISSIONER DUNBAR, SECONDED BY
COMMISSIONER FINTSCHENKO AND CARRIED ON A 5-0 VOTE, THE PLANNING COMMISSION APPROVED THE MINUTES.

3.2 Approval of the June 6, 2023 Planning Commission Draft Meeting Minutes.

ATTACHMENT 3
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PLANNING COMMISSION Draft Minutes JULY 16, 2024
Recommendation:

Staff recommends the Planning Commission approve the draft minutes.

ON THE MOTION OF COMMISSIONER KRONZAK, SECONDED BY
COMMISSIONER FINTSCHENKO AND CARRIED ON A 4-0 VOTE,

COMMISSIONER DUNBAR ABSTAINING, THE PLANNING
COMMISSION APPROVED THE MINUTES.

3.4 Approval of the November 7, 2023 Planning Commission Draft Meeting Minutes.

Recommendation:

Staff recommends the Planning Commission approve the draft minutes.

ON THE MOTION OF COMMISSIONER DUNBAR, SECONDED BY
COMMISSIONER KRONZAK AND CARRIED ON A 4-0 VOTE,

COMMISSIONER FINTSCHENKO ABSTAINING, THE PLANNING
COMMISSION APPROVED THE MINUTES.

4. PROJECT REVIEW – NONE.

5. PUBLIC HEARINGS

5.1 Hearing to consider a request for a Conditional Use Permit to allow an existing Assisted Living Residential Care Facility at 3646 East Avenue to expand its capacity from six to nine clients.

Recommendation:

Staff recommends the Planning Commission adopt resolutions finding that the project is exempt under the California Environmental Quality Act (CEQA) Section 15301 (Existing Facilities) which exempts negligible expansion of use and interior alterations of existing facilities, and approving Conditional Use Permit (CUP) 24-003, subject to the attached Conditions of Approval.

Planning Intern Emily Gnecco presented the staff report.

Chairperson Anderson opened and closed the public comment period.

In response to Commission questions, Planning Intern Gnecco explained the proposed driveway; no concerns regarding runoff; history of ADA parking; onsite parking; parking standards; and condition to retain existing landscaping.

The Commission indicated it could make the required findings.

ON THE MOTION OF COMMISSIONER FINTSCHENKO, SECONDED BY
COMMISSIONER KRONZAK AND CARRIED ON A 5-0 VOTE, THE PLANNING COMMISSION ADOPTED THE FOLLOWING RESOLUTIONS:

ATTACHMENT 3
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JULY 16, 2024 Draft Minutes PLANNING COMMISSION
Resolution 22-24 Finding Conditional Use Permit (CUP) 24-003 for a Residential Care Facility to be exempt from the provisions of The California Environmental Quality Act (CEQA).

Resolution 23-24 Approving Conditional Use Permit (CUP) 24-003 for the Residential Care Facility Project.

5.2 Hearing to consider a request for a Specific Plan Amendment, Planned Development, Site Plan Design Review Modification, and Development Agreement Amendment to modify the 2017 approval for the Arroyo Vista Residential Project to increase the height of the single-family detached units from two stories to three stories, remove a pedestrian bridge requirement, and secure community benefits including pocket parks and a financial contribution.

Recommendation:

Staff recommends the Planning Commission adopt a resolution recommending the City Council approve Site Plan Design Review Modification (SPDRM) 24-002, Planned Development (PD) 24-001, Specific Plan Amendment (SPPA) 24-002 and Development Agreement Amendment (DAA) 24-001, subject to conditions.

Assistant Planner Kaitlyn Harrison presented the staff report.

In response to Commission questions, Staff explained the aerial easement and City’s maintenance responsibility; cost to maintain the bridge; Las Positas Road widening project;
Chairperson Anderson opened the public comment period.

Michael Keaney, Trumark Homes, concurred with Staff’s recommendation and initially proposed conditions of approval. He indicated acceptance of the proposed conditions related to the required bench on the Arroyo Vista Trail on Zone 7 property; accessible path of travel from the new park to the trail, with the addition of a note that it be to the extent feasible. He discussed the intent to build the bridge but challenges with public-private component.

David Lund thanked staff for the explanation of the bridge issue.

Chairperson Anderson closed the public comment period.

Commissioner Dunbar received clarification from staff that the architecture met the design standards; four-foot rail fence and removal of existing fence along the Arroyo; public trail on west side; build out of Las Positas Road; and Social Opportunity Endowment Fund. He expressed concern with losing the opportunity for community connections and bike infrastructure.

ATTACHMENT 3
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PLANNING COMMISSION Draft Minutes JULY 16, 2024
Commissioner Leary confirmed that the Ranch style was compliant with Design Standards; neighborhood park requirements; funds for pedestrian bridge; Community Benefit Fund; payment for offsite trail improvements; building height increase; and electric services.

Commissioner Kronzak confirmed the affordable housing and in lieu fees; Homeowners Association (HOA) enforcement of garage parking; and indicated the need to notify homeowners of Midtown development.

Vice-Chairperson Fintschenko obtained clarification on the transfer of development credit; additional conditions and caveat if unfeasible.

The applicant confirmed they were agreeable to the conditions with the caveat that Conditions 2 and 3 could be waived if determined to be infeasible by the Community Development Director.

In response to Commissioner Kronzak, Staff explained the ability to waive ADA compliant connections through special exemption requests.

Chair Anderson suggested blocks of consistent styles and discussed the need to articulate the first residence visible from public areas at the corner of Arroyo Vista and Las Positas.

The Commission discussed the style, massing and density. The applicant offered to improve the design elements on the home at the corner of Arroyo Vista and Las Positas.

Commissioner Dunbar expressed concern about access to Safeway and the need to protect the bikeway; traffic improvements and bicycle access and trail connection; truck traffic noise; and curb radius and directional curb ramps.

ON THE MOTION OF VICE-CHAIR FINTSCHENKO, SECONDED BY
COMMISSIONER KRONZAK AND CARRIED ON A 5-0 VOTE, THE PLANNING

COMMISSION ADOPTED THE FOLLOWING RESOLUTIONS, SUBJECT TO THE AMENDED CONDITIONS OF APPROVAL:
• Prior to Final Map approval, the applicant shall provide plan showing and installing a pedestrian path connecting the pocket park on the west site of the Arroyo Seco Channel trail as approved by the Director. The applicant will be responsible for grading in such a away that does not inhibit the feasibility of this design as the design will be finalized in the Final Map and Improvement Plan stage. The Community Development Director can waive this condition if construction of the pedestrian path becomes infeasible. • Prior to the Final Map approval, the applicant shall design and provide two benches along the 5’ path to the west of the Arroyo Seco Channel trail. The Community Development Director can waive this condition of installation of the two benches becomes infeasible.

ATTACHMENT 3
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JULY 16, 2024 Draft Minutes PLANNING COMMISSION
• The unit at the corner of Arroyo Vista and Las Positas (lot #1) shall provide enhanced design elements due to the prominence of the unit’s location.

Resolution 24-24 Recommending that the City Council adopt the 2024 Addendum to the 2007 Arroyo Vista Neighborhood Plan Initial Study/Mitigated Negative Declaration, as amended in 2017 in accordance with the California Environmental Quality Act
Resolution 25-24 Recommending that the City Council approve Site Plan Design Review Modification (SPDRM) 24-002, Development Agreement Amendment (DAA) 24-001, Planned Development Rezoning (PD) 24-001, and Specific Plan Amendment (SPPA) 24-002 for the Arroyo Vista Neighborhood Development

6. MATTERS FOR CONSIDERATION - NONE

7. MATTERS INITIATED BY PLANNING COMMISSION AND STAFF
Commissioner Dunbar requested the trail crossing to Contractors Place be conditioned to follow the trail design guidelines.

8. ADJOURNMENT – at 9:12 pm to a Regular Planning Commission Meeting on Tuesday, August 6, 2024, at 7:00 pm, Civic Center Library, Community Rooms A & B, 1188 S. Livermore Avenue.

ATTACHMENT 3
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RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION ADOPTING THE ARROYO VISTA NEIGHBORHOOD PROJECT 2024 ADDENDUM TO THE ARROYO VISTA NEIGHBORHOOD PLAN INITIAL STUDY MITIGATED NEGATIVE DECLARATION [IS/MND], AS AMENDED BY THE 2017 ADDENDUM FOR THE ARROYO VISTA RESIDENTIAL DEVELOPMENT On July 2, 2007, the Livermore City Council adopted Resolution No. 2007-063, adopting California Environmental Quality Act Findings, a Mitigation Monitoring and Reporting Program, and certifying the Initial Study Mitigated Negative Declaration for the Arroyo Vista Neighborhood Plan Initial Study/Mitigated Negative Declaration (“2007 IS/MND”) (State Clearinghouse No. 2007052028).

On January 27, 2016, the City of Livermore (“City”) received an application from Summerhill LLC to develop the approximately 29-acre vacant parcel located at the southeast corner of Arroyo Vista and Las Positas Road intersection with a residential development project.

In June 2017, the City prepared an Addendum to the Previous 2007 IS/MND (“Addendum”) pursuant to the California Environmental Quality Act (“CEQA”). On July 24, 2017, the Livermore City Council adopted Resolution No. 2017-135 adopting California Environmental Quality Act Findings, a Mitigation Monitoring and Reporting Program, and certifying an Addendum to the 2007 IS/MND (“2017 Addendum”) for the Arroyo Vista Neighborhood Plan (State Clearinghouse No. 2007052028). The 2007 IS/MND and 2017 Addendum are referred to collectively herein as the Previous IS/MND.

On January 25, 2024, the City received an application from Trumark, LLC (“Applicant”) for the Site Plan Design Review Modification (SPDRM) 24-002, Development Agreement Amendment (DAA) 24-001, Planned Development (PD) 24-001, and Specific Plan Amendment (SPPA) 24-002 (collectively, the “Project”). The Project would modify the 2017 approved development for approximately 15-acres of vacant land located southeast of the Arroyo Vista and Las Positas Road intersection, implementing the Arroyo Vista Neighborhood Plan. The modified Project would be increased from two stories to three stories and allow a height of up to 45 feet on the 86 for sale single-family residential homes. The Project also includes a Development Agreement Amendment between the City and Developer, Planned Development rezoning, and Specific Plan Amendments. The Development Agreement Amendment removes the bridge requirement that became infeasible due to long-term maintenance issues. In place of the bridge landings, the Project proposes two pocket parks. Additionally, an in-lieu contribution of $2,000,000 would be provided to the Community Benefit Fund and the Social Opportunity Endowment Fund. The Planned Development rezoning removes the bridge requirement as well and allows for building heights of up to 45 feet and 3 stories.

Finally, the Specific Plan amendments removes the bridge requirement from the Arroyo Vista Neighborhood Plan.
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RESOLUTION NO. ________
On July 16, 2024, at a duly noticed public hearing, the Planning Commission considered the Project, heard public testimony, made the necessary findings, and adopted Planning Commission resolution No. 24-24, attached hereto as Exhibit A, recommending the City Council adopt the Arroyo Vista Neighborhood Project Addendum to the Arroyo Vista Neighborhood Plan IS/MND, as amended by the 2017 Addendum.

On September 9, 2024, the City Council held a duly noticed public hearing to consider the Project, Planning Commission and staff recommendations, all public comments and testimony, and findings.

Together with this resolution, the City Council concurrently considered resolutions for: Site Plan Design Review Modification (SPDRM) 24-002; Specific Plan Amendment (SPPA) 24-002; and ordinances for: 1) the Project’s Development Agreement Amendment (DAA) 24-001 application; and 2) the Project’s Development Code Amendment (PD) 24-001 application.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that prior to taking action on the Project, and at a properly noticed public hearing, the City Council reviewed written and oral staff reports, conducted a public hearing on the Project and took testimony, and received into the record all pertinent documents related to the Project (collectively, the “Record Evidence”). The City Council’s determination is based on the Record Evidence, which is incorporated into this Resolution by reference.

BE IT FURTHER RESOLVED, that the City Council of the City of Livermore has considered the findings made in Planning Commission Resolution No. 24-24, attached hereto as Exhibit A, and the City Council hereby adopts the same findings by this reference and incorporates them as their own findings as part of this resolution, and as described below:

The Addendum indicates that no subsequent or supplemental Initial Study/ Mitigated Negative Declaration is required, under the provisions of the California Environmental Quality Act per CEQA Guidelines section 15162, given that none of the following conditions exist:

1. Substantial changes are proposed in the project which will require major revisions of the Previous 2007 IS/MND to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects.

Response: The Addendum analyzes potential project impacts on each of the environmental factors evaluated in the Previous IS/MND. The Addendum analyzes potential Project impacts, including impacts from amending the project to allow building heights of 45 feet and 3 stories and removing the bridge requirement. 590
RESOLUTION NO. ________
Substantial changes are not proposed to the Neighborhood Plan nor have substantial changes occurred that would require major revisions to the Previous IS/MND prepared for the Neighborhood Plan. Substantially more severe impacts beyond those identified and analyzed in the Previous IS/MND would not occur as a result of the proposed Project. For example, the Project will still provide a residential development on an approximately 15-acre site, consistent with the 2017 approval. All contemplated land uses in the Neighborhood Plan are still provided, like residential and open space. The quantities of residential and open space uses are within the ranges contemplated by the Neighborhood Plan. No new land uses or operations have been introduced into the Neighborhood Plan or the Project site that would cause new significant impacts or incompatibilities.

Overall, the proposed Project would result in no new impact or mitigation information of substantial importance that would generate new, more severe impacts or require new mitigation measures compared to those identified for the original project in the Previous EIR. As such, the proposed project would not result in conditions identified in CEQA Guidelines Section 15162 requiring supplemental environmental review or a Subsequent IS/MND, and these are therefore not required for the proposed Project.

For these reasons, the City concludes that the analyses conducted, the conclusions reached, and the mitigation measures adopted in the Previous IS/MND would not be substantially changed for the proposed Project. The proposed Project would remain subject to all previously adopted mitigation measures and uniformly applicable development policies included in the Previous IS/MND for the Neighborhood Plan. Based on the above analysis, no subsequent action under CEQA Guidelines Section 15162 is required.

2. Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the Previous IS/MND due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects.

Response: No substantial changes are proposed in the project and there are no substantial changes in the circumstances under which the project will be undertaken that will require major revisions to the Previous IS/MND due to the involvement of significant new environmental effects or a substantial increase in the severity of previously identified significant effects.

The Project site is still located on approximately 15 acres in the same location identified in the Neighborhood Plan, consistent with the 2017 approval. No new natural hazards have been identified onsite, and the Project provides the uses and densities contemplated in the Neighborhood Plan.
591
RESOLUTION NO. ________

3. New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the Previous IS/MND was certified as complete or the mitigated negative declaration was adopted, shows any of the following:
a. The project will have one or more significant effects not discussed in the Previous IS/MND or mitigated negative declaration;
b. Significant effects previously examined will be substantially more severe than shown in the Previous IS/MND;
c. Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or
d. Mitigation measures or alternatives which are considerably different from those analyzed in the Previous IS/MND would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative.

Response: There is no "new information of substantial importance" as that term is used in CEQA Guidelines Section 15162(a)(3). Therefore, the Previous IS/MND is adequate, and this evaluation serves as an Addendum to the City of Livermore Arroyo Vista Neighborhood Plan Initial Study/Mitigated Negative Declaration [IS/MND] (2007 IS/MND) and Supplemental Environmental Impact Report (2017), State Clearinghouse No. 2007052028, collectively referred to as the Previous EIR.

No new operational, use, or natural hazard impacts have been identified. For example, the proposed would not involve any changes to the anticipated land uses associated with the site and would result in the same area of disturbance and number of units, the same level of air pollutant emissions, energy usage, and noise associated with both construction and operation of the proposed project would occur as what has already been anticipated for the project site and analyzed in the 2007 IS/MND, as amended in 2017. For these reasons, there is no new information of substantial importance that would cause any additional or worsened significant impacts.

BE IT FURTHER RESOLVED that, based upon the City Council’s own independent review of the Record Evidence and considerations, the City Council hereby adopts the Arroyo Vista Neighborhood Project Addendum (“Addendum”) dated May 2024, and finds that no subsequent or supplemental Initial Study/Mitigated Negative Declaration is required, under the provisions of the California Environmental Quality Act per CEQA Guidelines section 15162, for the Arroyo Vista Residential Development. 592
RESOLUTION NO. ________
BE IT FURTHER RESOLVED that the City Council of the City of Livermore directs the Planning Manager to file a Notice of Determination with the Alameda County Clerk if the Project is approved.

The documents that constitute the record of proceedings upon which this decision is based can be found in the City Clerk’s Office, 1052 S. Livermore Avenue, in Livermore, California. This resolution shall be effective upon adoption by the City Council.

On motion of Council Member _______________________, seconded by Council Member _______________________, the foregoing resolution was passed and adopted on September 9, 2024, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Katherine Mirassou
Deborah L. Elam Katherine Mirassou
Acting City Clerk Deputy City Attorney
Exhibit A – Planning Commission Resolution No. 24-24
Exhibit B – 2017 Addendum
Exhibit C – MMRP
Exhibit D – Arroyo Vista Neighborhood Plan Addendum (May 2024) 593

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3.5 NOISE
There ar no propo ed change to the proj ct that v ould increa e the noise effect f th approved project. For ample the proposed development includes fewer dwelling uni than the approved project anal zed in the adopted IS/MND, and therefore, would generate less traffic noise.

Regulatory changes since 2007 affect the analysis of noise impacts under EQA. As described in Section 3.1.2.4, in a December 2015 opinion, the California Supreme Court confirmed that CEQA with several specific exceptions, is concerned with the impacts of a project on the environment, not the effects the existing environment may have on a project [California Building Industry Assodation v. Bay Area Air Quality Management District, 62 Cal. 4th 369 (No. S 2134 78)]. Therefore effects of ambient noise on future residents of the proposed development is no longer considered a CEQA issue. The City, however, has policies that address existing conditions affecting a proposed project.

This section will discuss consistency City policies pertaining to ambient noise levels, for informational purposes.

3.5.1 Applicable City Policies
Policy N-l.l.P4: The City shall use the Land Use Compatibility Guidelines (measured in dBA CNEL or Ldn) contained in Table 9-7 in this Element to direct the siting, design, and insulation of new development to reduce exposure to excessive noise. Where warranted, the City shall employ discretionary review of new development to ensure that the community will be protected from excessive noise levels. The City shall evaluate potential noise impacts and recommend mitigation measures through discretionary review procedures such as environmental review, design review, and evaluation of use permits.

Table 3.5-2: Noise and Land Use Compatibility (CNEL) (dB) Normally Conditionally Normally Clearly
Land Use Acceptable Acceptable Unacceptable Unacceptable (dBA (dBA CNEL) (dBA CNEL) (dBA CNEL) CNEL) Residential - Single-Family <60 55-70 70-75 >75
Residential - Multi-Family <65 60-70 70-75 >75
Playground, Park <70 -- 70-75 >75
(a) Normally Acceptable: If the noise level is within the' normally acceptable" level, noise exposure would be acceptable for the intended land use. Development may occur without requiring an evaluation of the noise environment unless the use could generate noise impacts on adjacent uses.
(b Conditionally Acceptable: If the noise level is within the "conditionally acceptable" level, noi e xp ure would b conditionally acceptable; a specified land use may be permitted nl aft rd tailed anal is of the noise en ironment and the project characteristics to d t 1mine h th r noi in ulation or protection features are required. Such noise insulation fe tur m in lud m a ure to protect noise sen iti e outdoor activity areas (e.g., at 23 ddendum
Jun 2017 357

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EXHIBIT B
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I\,)
.j::l..
0project Title: Neighborhood Plan NP 05-001;
Project Name: Arroyo Vista Neighborhood Plan (Pell Site)

SUMMARY OF IMPACT
Transportation 6.b.: Potential hazards to safety
from design features (e.g. sharp curves or
dangerous intersections). The proposed project
could potentially pose hazards to safety from site
design features (e.g. sharp carves or dangerous
intersections) by allowing on-street parking along
Las Positas Road in areas near project driveway
intersections. Implementation of Traffic Mitigation
Measure 6.b.1 will reduce these potential impacts
to less than significant.

Biology 7.a. and c.: the proposed project could
potentially endanger certain rare plant species,
nesting raptors and migratory birds if they are
found on or adjacent to the site. It could also
potentially impact wetland habitat unless
mitigated. Mitigation Measures 7.a.1 - 3 and

7.c.1 will reduce these potential impacts to a less
than significant level.

SUMMARY OF MITIGATION MEASURE
Traffic Mitigation Measure 6.b.1: To provide
adequate sight distance, keep areas near project
driveways free of visually obstructive
landscaping; and limit the location of public onstreet parking_ on Las Positas Road as follows:
■ Project Driveway #5 on Las Positas
Road/East Side of Arroyo Seco Channel -
Remove on-street parking within 360 feet
east of the driveway to maintain adequate
sight distance;
■ Project Driveway #6 on south end of Bennett
Drive /East Side of Arroyo Seco Channel -
Remove on-street parking within 250 feet of
the driveway to maintain adequate sight
distance.

Mitigation Measure 7.a.1
Site surveys should be conducted by a qualified
biologist during the appropriate time of year prior
to any construction on the site to conclusively
dismiss the occurrence of Big-Scale BalsamRoot, Congdon's Tarplant, Hairless Popcornflower, and Caper-fruited
Tropidocarpum.

AGE:NCY TIMING
COD-PD TM - With review and
prior to approval of
Tentative Tract Map

COD - PD, BP
CDFG
Responsible Agency/Department/Party
COD -PD Planning Division
Timing of Monitoring
COD-ENG Engineering Division
POL Police Department
FD Fire Department
B Building Department
CDFG California Department of Fish and Game
USFWS United States Fish and Wildlife Service
LARPD Livermore Area Recreation and Park District
LVJUSD Livermore Valley Joint Unified School District
Zone 7 Alameda County Flood Control District - Zone 7
1 TM
FM
BP
C
PC
Prior to approval of tentative tract maps
Prior to approval of final tract maps
Prior to approval of building and/or grading plans
During Construction
Post construction/on-going

EXHIBIT C
628
Responsible Agency/Department/Party
CDD -PD Planning Division
CDD-ENG Engineering Division
POL Police Department
FD Fire Department
B Building Department
I\.)
�
c.o
Mitigation Measure 7.a.2 (Nesting Raptors) - In
order to avoid potential impacts to nesting
raptors, a pre-construction nesting raptor survey
shall be conducted by a qualified raptor biologist
30 days prior to commencing any construction
work during the breeding season of tree nesting
raptors (between March 15 and August 31 ). The
raptor nesting survey shall examine trees and
shrubs on and adjacent to the project site.

Nesting surveys shall be conducted in the spring
the year prior to construction of the project and
again 30 days prior to tree removal and/or ground
breaking at the project site.

If nesting raptors are identified during the survey,
a 300-foot non-disturbance radius around the
nest tree must be staked with orange
construction fencing. If the nest site is on
adjacent property, then the portion of the 300-foot
buffer that occurs on the project site only should
be fenced with orange construction fencing. The
size of the non-disturbance buffer may be
reduced in size by the recommendation of the
qualified raptor biologist. Instances where the
buffer could be reduced in size would be if the
raptors were well acclimated to disturbance
and/or if there were physical barriers between the
nest site and the construction project that would
ameliorate disturbance to the nesting raptors. No
construction or earth moving activity should occur
within the non-disturbance buffer until it is
determined by the biologist that the young have
Timing of Monitoring
CDFG California Department of Fish and Game
USFWS United States Fish and Wildlife Service
LARPD Livermore Area Recreation and Park District
LVJUSD Livermore Valley Joint Unified School District
Zone 7 Alameda County Flood Control District - Zone 7
2 TM
FM
BP
C
PC
Prior to. approval of tentative tract maps
Prior to approval of final tract maps
Prior to approval of building and/or grading plans
During Construction
Post construction/on-going

EXHIBIT C
629
I\,)
(J'1 --
Responsible Agency/Department/Party
COD -PD Planning Division
CDD-ENG Engineering Division
POL Police Department
FD Fire Department
B Building Department
fledged and have attained sufficient flight skills to
avoid project construction zones. Once the
raptors have completed the nesting cycle (the
young have reached independence of the nest),
no further regard for the nest is required.

Mitigation Measure 7.a.3 (Burrowing Owl}- In
order to avoid potential impacts to Burrowing
Owls, a nesting season survey shall be
conducted prior to commencement of any
construction activities on the site. The survey
should follow the survey methodology prescribed
in California Department of Fish and Game's
(CDFG's) Staff Report on Burrowing Owl
Mitigation (CDFG 1995). This Staff Report serves
as offic:ial CDFG Burrowing Owl policy. If no owls
are found during the survey, no further action is
necessary.

If Burrowing Owls are observed during the
survey1 a fenced 75 meter (276-foot) buffer will
be required between the nest(s) or active
burrow(s) and any earth-moving activity or other
disturbance. This buffer could be removed once it
is determined by a qualified raptor biologist that
the young have fledged (left the nest).

If Burrowing OWis are found on the project site, a
qualified raptor biologist would need to delineate
the extent of Burrowing Owl habitat on the site
and a Mitigation Plan and Mitigation Agreement
Would need to be prepared pursuant to CDFG
Timing of Monitoring
CDFG California Department of Fish and Game
USFWS United States Fish and Wildlife Service
LARPD Livermore Area Recreation and Park District
LVJUSD Livermore Valley Joint Unified School District
Zone 7 Alameda County Flood Control District - Zone 7
3 TM
FM
BP
C
PC
Prior to approval of tentative tract maps·
Prior to approval of final tract maps
Prior to approval of building and/or grading plans
During Construction
Post construction/on-going

EXHIBIT C
630
Responsible Agency/Department/Party
COD -PD Planning Division
COD-ENG Engineering Division
POL Police Department
FD Fire Department
B Building Department
I\.)
0, ...:..
requirements and submitted to CDFG for their
approval. The Mitigation Plan must identify the
amount of mitigation land to be set aside, the
mitigation site and any activities necessary to
enhance the mitigation site, including the
construction of artificial burrows. The Plan should
also include a description of monitoring and
management methods proposed at the mitigation
site. A copy of the Mitigation Plan and Agreement
must be provided to the lead agency prior to the
lead agency issuing a grading permit for the
proposed project.

Mitigation Measure 7.a.4 (Migratory Birds) - In
order to. avoid impacts to common and specialstatus nesting birds, a pre-construction nesting survey shall be conducted by a qualified
ornithologist 30 days prior to commencing any
construction work during the breeding season
(between March 15 and August 31). If specialstatus bi_rds, such as Loggerhead Shrike, are identified nesting on or adjacent to the project
site, a 100-foot non-disturbance radius around
nest must be staked with orange construction
fencing. If the nest site is on adjacent property,
then the portion of the 100-foot buffer that occurs
on the project site only should be fenced with
orange construction fencing. The Ornithologist
can modify the size of the buffer based upon site
conditions and the bird's apparent acclimation to
human activities. No construction or earth-moving
activity shall occur within this staked buffer until it Timing of Monitoring
CDFG California Department of Fish and Game
USFWS United States Fish and Wildlife Service
LARPD Livermore Area Recreation and Park District
LVJUSD Livermore Valley Joint Unified School District
Zone 7 Alameda County Flood Control District - Zone 7
4 TM
FM
BP
C
PC
Prior to approval of tentative tract maps
Prior to approval of final tract maps
Prior to approval of building and/or grading plans
During Construction
Post construction/on-going

EXHIBIT C
631
I\,)
�
(J'1
Responsible Agency/DepartmenUParty
CDD -PD Planning Division
COD-ENG Engineering Division
POL Police Department
FD Fire Department
B Building Department
is determined by the Ornithologist that the young
have fledged (left the nest) and have attained
sufficient flight skills to avoid project construction
zones.

If common (non special-status) passerine birds
are identified nesting in any trees proposed for
removal, tree removal would have to be
postponed until it is determined by a qualified
ornithologist that the young have fledged and
have attained sufficient flight skills to leave the
project site area ..

Mitigation Measure 7.c.1:
■ Pi irn lo Fi. mlizi: 19 b. ielge eleei�MB aAi &iMilie any construction activities are initiated, the
project developer will acquire a Streambed
Alteration Agreement from the CDFG
pursuant to Section 1602 of the Fish and
Game Code;
a �II 11eoo blidges ouill be F.ee span eu,el .. ill
avoid placement of permanent fill within the
banks of the Arroyo Seco channel;
■ liiaf4ilii .i"�' 1.Qlilliii,111.iiQi;i ai.ii�,iiilii iii� ii;iiiiiilied, a full erosion control plan shall be developed
and .implemented with bridge construction;
■ No equipment shall be allowed in. the
channel;
,,11; b.idgc abuti. 101,t .: allo shall &i
constructed in dry ground back from the
existing banks of the channel;
■ Barren soils that remain adjacent to the
Timing of Monitoring
CDFG California Department of Fish and Game
USFWS United States Fish and Wildlife Service
LARPD Livermore Area Recreation and Park District
LVJUSD Livermore Valley Joint Unified School District
Zone 7 Alameda County Flood Control District - Zone 7
5 TM
FM
BP
C
PC
Prior to approval of tentative tract maps
Prior to approval of final tract maps
Prior to approval of building and/or grading plans
During Construction
Post construction/on-going

EXHIBIT C
632
Noise: the proposed project could potentially
expose people to greater or more severe noise
levels unless mitigated. Noise Mitigation Measure
1 0.b. (found on page 21) will reduce these
impacts to a less than significant level by
requiring a detailed noise study prior to
construction that provides construction methods
to attenuate noise levels to a less than significant
level.
channel upon completion of the bridge
projects shall be hydroseeded with an erosion
control mix containing a complement seed.
mix of California native plant species.

Mitigation 1 0.b.1: At the time a specific
development proposal/entitlement application is
received for the project site, additional noise
analysis that addresses projected noise levels
through 2025 shall be prepared by a professional
acoustical engineer. Consistent with General
Plan policy N 1.2, P2, the analysis shall include
design mitigation measures and construction
methods, including door and window STC
ratings, to sound rate the exterior facades of
buildings and attenuate noise levels to
acceptable levels.

COD-PD TM - With review and
prior to approval of
Tentative Tract Map
Responsible Agency/Department/Party
COD -PD Planning Division
Timing of Monitoring
COD-ENG Engineering Division
POL Police Department
FD Fire Department
• B Building Department
I\.)
0,
v)
CDFG California Department of Fish and Game
USFWS United States Fish and Wildlife Service
LARPD Livermore Area Recreation and Park District
LYJUSD Livermore Valley Joint Unified School District
Zone 7 Alameda County Flood Control District - Zone 7
6 TM
FM
BP
C
PC
Prior to approval of tentative tract maps
Prior to approval of final tract maps
Prior to approval of building and/or grading plans
During Construction
Post construction/on-going

EXHIBIT C
633
City of Livermore
Community Development Department
Arroyo Vista Neighborhood Plan and 2017 Approved
Residential Project
Addendum
May 2024
Prepared by
1501 Sports Drive, Suite A, Sacramento, CA 95834

EXHIBIT D
634
Arroyo Vista Neighborhood Project
Addendum

Page 2 ends

Livermore City CouncilSeptember 9, 2024

Livermore City Council
September 9, 2024