Agenda packet — Livermore City Council, January 13, 2025

CITY COUNCIL
AGENDA
MONDAY, JANUARY 13, 2025
REGULAR MEETING –
7:00 PM
CLOSED SESSION 6:45 PM

MEETING PARTICIPATION INFORMATION CAN BE FOUND AT THE END OF THE AGENDA

CIVIC CENTER MEETING HALL

CITY COUNCIL CHAMBERS
1016 S. LIVERMORE AVENUE
CITY OF LIVERMORE YOUTUBE CHANNEL:
https://www.youtube.com/c/CityofLivermoreCalifornia
TV29:

Comcast TV Channel 29
tv29live.org
John P Marchand, Mayor
Evan Branning, Vice Mayor
Ben
Barrientos, Council Member
Steven Dunbar, Council Member
Kristie Wang, Council Member
Livermore City Council Agenda
January 13, 2025

1 1.

CLOSED SESSION - 6:45 PM

Roll Call
Opportunity for the the Public to Address City Council Regarding Closed Session Items Adjourn to Closed Session
Note: This Closed Session my be continued to the end of the Regular Meeting.

1.1 Conference with Labor Negotiators. To meet with Tina Olson, Administrative Services Director, Kristen Hilton, Human Resources Manager, and Charles Sakai, a partner with the law firm Sloan, Sakai, Yeung and Wong LLP, the City’s negotiators pursuant to Government Code section 54957.6, regarding negotiations with the Livermore Police Officers Association.

2. CALL TO ORDER

3. PROCLAMATIONS AND PRESENTATIONS - NONE.

4. OPEN FORUM

In conformance with the Brown Act, no City Council action can occur on items presented during Open Forum.

To provide public comment in person, please submit a speaker card. When your name is called, walk to the lectern to address City Council.

Comments are limited to a maximum of 3 minutes per person, per item. The Mayor may reduce the amount of time based on the number of persons wishing to speak.

Comments are limited to one comment per person per item regardless of format or time submitted (this includes email and e-comment submissions prior to the meeting as well as live comments during the meeting).

Open Forum will conclude after 30 minutes; however, if there are additional speakers, Open Forum will reconvene before the meeting adjourns.

5. CONSENT CALENDAR

Consent Calendar items are considered routine and are acted upon by the City Council with a single action. Members of the audience wishing to provide public input must submit a speaker card found at the entrance of the Council Chambers. A speaker is limited to a single comment with a maximum of three minutes for the entire Consent Calendar. If Consent Calendar items are pulled for discussion by the City Council, a speaker will be allowed one comment per item on the items pulled for discussion and a separate comment for the remaining Consent Calendar. The one comment limit applies regardless of format or time submitted (this includes

ROLL CALL

Council Member Ben Barrientos
Council Member Steven Dunbar
Council Member Kristie Wang
Vice Mayor Evan Branning
Mayor John Marchand

PLEDGE OF ALLEGIANCE

REPORT OF ACTION TAKEN IN CLOSED SESSION

Livermore City Council Agenda
January 13, 2025

2 email and e-comment submissions prior to the meeting as well as live comments during the meeting).

5.1 Resolution authorizing execution of a first amendment to the agreement with Pangea Environmental Services, Inc. for additional environmental support services for remediation activities associated with Livermore Village Remediation Project 2021-18, increasing the not- to-exceed contract amount from $1,165,000 to $1,716,500 and extending the term to December 31, 2028.

Recommendation:

Staff recommends the City Council adopt a resolution:
1 .

Authorizing the City Manager to execute a first amendment to the agreement with Pangea Environmental Services, Inc. for additional environmental support services for remediation activities associated with Livermore Village Remediation Project 2021-18, increasing the not-to-exceed contract amount from $1,165,000 to $1,716,500 and extending the term to December 31, 2028; and
2 .

Authorizing the City Manager 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 amendment.

Staff Report

Attachments:

1. Project Location

2. Resolution

3. Exhibit A - First Amendment

5.2 Resolution authorizing execution of the First Amendment to the Lease Agreement with the Livermore Flying Electrons Radio Control Club, Inc. (LFE) for the Raymond Road Model Aircraft Facility.

Recommendation:

Staff recommends the City Council adopt a resolution authorizing the City Manager to execute the First Amendment to the Lease Agreement with the Livermore Flying Electrons Radio Control Club, Inc. (LFE) for the Raymond Road Model Aircraft Facility.

Staff Report

Attachments:

1. Location Map

2. Resolution

3. Exhibit A - First Amendment

5.3 Resolution authorizing a second amendment to the agreement with PPWPM, Inc. to perform power washing services in the downtown corridor and other City-owned or maintained areas, increasing the not-to-exceed agreement amount from $300,000 to $575,000 and extending the term of the agreement through October 31, 2026.

Recommendation:

Staff recommends the City Council adopt a resolution authorizing the City Manager to execute

Livermore City Council Agenda
January 13, 2025

3 a second amendment to the agreement with PPWPM, Inc., to perform power washing services in the downtown corridor and other City-owned or maintained areas, increasing the not-to- exceed agreement amount from $300,000 to $575,000 and extending the term of the agreement through October 31, 2026.

Staff Report

Attachments:

1. Resolution

2. Exhibit A - Second Amendment

5.4 Resolution accepting the Livermore Valley Arts Annual Report for Fiscal Year 2023-2024.

Recommendation:

Staff recommends the City Council adopt a resolution accepting the Livermore Valley Arts Annual Report for Fiscal Year 2023-2024.

Staff Report

Attachments:

1. Resolution

2. Exhibit A - Livermore Valley Arts Annual Report FY 2023-2024

5.5 Resolution authorizing a supplemental appropriation in the amount of $450,000 in FY 2024-25 and awarding a construction contract with Westside Landscape & Concrete, Inc. in an amount not-to-exceed $335,204 for the construction of the Holmes Street Decorative Fence Replacement West Side from Catalina Drive to El Caminito Project PB200654.

Recommendation:

Staff recommends City Council adopt a resolution:
1 .

Authorizing a supplemental appropriation from General Fund Existing Asset Maintenance and Repair Reserves (Fund100) in the amount of $450,000 in FY 2024-25 to fund project PB200654;
2 .

Awarding a construction contract to Westside Landscape & Concrete, Inc., in an amount not-to-exceed $335,204, and authorizing the City Manager to sign the contract (Exhibit A);
3 .

Rejecting all other bids or proposals; and
4 .

Authorizing the City Manager 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 for the Decorative Wall Replacement - Citywide, Holmes Street Decorative Fence Replacement West Side from Catalina Drive to El Caminito Project 2006-54.

Staff Report

Attachments:

1. Vicinity Map

2. Resolution

3. Exhibit A - Agreement

6. PUBLIC HEARINGS

Livermore City Council Agenda
January 13, 2025

4 Comments are limited to one comment per person per item regardless of format or time submitted (this includes email and e-comment submissions prior to the meeting as well as live comments during the meeting).

6.1 Hearing to consider a request to change the street name on a portion of East Vallecitos Road.

The new name will be East Vineyard Avenue. New street numbers and the new street name will be issued to four parcels for the purpose of improving emergency response time and delivery service to those residents along the portion of the subject street.

Recommendation:

The Planning Commission and staff recommend the City Council adopt a resolution approving the renaming of a portion of East Vallecitos Road to East Vineyard Avenue and instructing the Planning Manager to file a Notice of Exemption with the Alameda County Recorder's Office.

Staff Report

Attachments:

1. Location Map

2. Detailed Map of Proposed Changes

3. Street Naming Policy

4. Letters of Support

5. Planning Commission Staff Report

6. Resolution - CEQA

7. Exhibit A - Planning Commission CEQA Resolution

8. Resolution - Project

9. Exhibit A - Planning Commission Project Resolution

7. MATTERS FOR CONSIDERATION - NONE.

8. COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED BY CITY

MANAGER, CITY ATTORNEY, AND COUNCIL MEMBERS

9. ADJOURNMENT

To a Regular City Council meeting on Monday, January 27, 2025 at 7:00 pm, Civic Center Meeting Hall, City Council Chambers, 1016 S. Livermore Avenue.

10. SUPPLEMENTAL MATERIALS

10.1 Supplemental materials received prior to the meeting.

Staff Report

Attachments:

1. Supplemental Materials

11. HOW TO PARTICIPATE IN YOUR CITY COUNCIL MEETING

You can participate in the meeting in a number of ways:

Livermore City Council Agenda
January 13, 2025

5 Open Forum
is an opportunity for the public to speak regarding items not listed on the agenda. Speakers are limited to a maximum of 3 minutes per person. To address the City Council in person, you must submit a speaker card to the City Clerk prior to the start of that item. Please note that the City Council is prohibited by State law from taking action on any items that are not listed on the agenda. However, if your item requires action, the City Council may place it on a future agenda or direct staff to work with you and/or report to the City Council on the issue.

Public Hearings
- The topic of the hearing is typically summarized by staff, followed by a presentation by the applicant, and questions from the City Council. The Mayor will then open the hearing to the public and offer an opportunity for public comments. Speakers are limited to a maximum of 3 minutes per person. To address the City Council in person, you must submit a speaker card to the City Clerk prior to the start of the presentation of the item.

Other Agenda Items
are also open for public input including Consent Calendar or Matters for Consideration items. These comments are also subject to the 3-minute limit.

Special Meetings, Workshops
- The public will have the opportunity to address the City Council regarding the item that is the subject of the special meeting or workshop. Public comments are limited to a maximum of 3 minutes per person.

Platforms to Participate in Meetings:

Submission of Comments Prior to the Meeting:

Email Comments
may be submitted by the public to the City Clerk’s Office (
[email protected]
). Items received no later than 12:00 pm on the day of the meeting will be provided to the City Council and available on the City website prior to the meeting. These items will NOT be read into the record.

eComments
may be submitted by the public using the eComment link
here
. Comments may
be up to 1000 characters in length and will be accepted up until 4:00 pm the day of the meeting. These items will NOT be read into the record and are viewable by the City Council and the public upon submittal.

Submission of Comments During the Meeting:

Speakers are limited to a maximum of 3 minutes per person. To submit a comment you must complete a speaker card for each item. Speaker cards are available in the Civic Center Meeting Hall lobby. Indicate on the card the item number you wish to comment on and submit the card directly to the City Clerk prior to the start of the item. Please note that the City Council is prohibited by State law from taking action on any items that are not listed on the agenda.

However, if your item requires action, the City Council may place it on a future agenda or direct staff to work with you and/or report to the City Council on the issue.

The City will be using YouTube and TV29 as two tools to provide the public access to view City Council meetings. No public comment will be accepted via YouTube.

Livermore City Council Agenda
January 13, 2025

6 TV29:
tv29live.org
Comcast Cable 29
YouTube:
http://youtube.com/c/CityofLivermoreCalifornia

If you would like to deliver written materials to the City Council as part of your public comment, please provide 10 copies to the City Clerk with your speaker card.

The
City Council Agenda and Agenda Reports
are prepared by City staff and are available
for public review on Tuesday evening, six days prior to the City Council meeting in the Civic Center Library, 1188 South Livermore Avenue, Livermore, and at the City Clerk’s Office, 1052 South Livermore Avenue, Livermore. The Agenda is also available on the City’s website, http://LivermoreCA.gov/agenda
.

Under Government Code §54957.5, any
supplemental material
distributed to the members
of the City Council after the posting of this agenda will be available for public review in the City Clerk’s Office, 1052 South Livermore Avenue, Livermore, and included in the agenda packet available on the City’s web site at
http://LivermoreCA.gov/agenda
.

PURSUANT TO TITLE II OF THE AMERICANS WITH DISABILITIES ACT (CODIFIED AT 42 UNITED STATES CODE SECTION 12101 AND 28 CODE OF FEDERAL REGULATIONS PART 35), AND SECTION 504 OF THE REHABILITATION ACT OF 1973, THE CITY OF

LIVERMORE DOES NOT DISCRIMINATE ON THE BASIS OF RACE, COLOR, RELIGION,

NATIONAL ORIGIN, ANCESTRY, SEX, DISABILITY, AGE OR SEXUAL ORIENTATION IN THE PROVISION OF ANY SERVICES, PROGRAMS, OR ACTIVITIES. TO ARRANGE AN

ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PUBLIC MEETING, PLEASE

CONTACT THE ADA COORDINATOR AT
[email protected]
OR
CALL (925) 960-4170 (VOICE) OR (925) 960- 4104 (TDD) AT LEAST THREE (3) BUSINESS DAYS IN ADVANCE OF THE MEETING.

Livermore City Council Agenda
January 13, 2025

7 CITY COUNCIL STAFF REPORT
ITEM NO. 5.1

DATE:

January 13, 2025
TO:

Honorable Mayor and City Council
FROM:

Brent Smith, Community Development Director
SUBJECT:

Resolution authorizing execution of a first amendment to the agreement with Pangea Environmental Services, Inc. for additional environmental support services for remediation activities associated with Livermore Village Remediation Project 2021-18, increasing the not-to-exceed contract amount from $1,165,000 to $1,716,500 and extending the term to December 31, 2028.

RECOMMENDED ACTION

Staff recommends the City Council adopt a resolution:
1 .

Authorizing the City Manager to execute a first amendment to the agreement with Pangea Environmental Services, Inc. for additional environmental support services for remediation activities associated with Livermore Village Remediation Project 2021-18, increasing the not-to- exceed contract amount from $1,165,000 to $1,716,500 and extending the term to December 31, 2028; and
2 .

SUMMARY
Pangea Environmental Services, Inc. is providing environmental support services for remediation activities in the downtown associated with Livermore Village Remediation Project 2021-18. As shown in Attachment 1, work is concentrated in the downtown area bounded by First Street, L Street, Railroad Avenue, and Livermore Avenue. Work activities include environmental testing of soil, groundwater, and soil vapor; developing remediation workplans; obtaining approval from regulating agencies; documenting the removal of impacted soil and tanks; designing and installing a soil vapor extraction system; compliance monitoring; and site closures. This first amendment covers additional environmental support services that include additional soil excavation monitoring activities during construction of the L Street Garage such as removal of underground tanks; design of additional soil vapor extraction equipment based on new Bay Area Air Quality Management District requirements; providing assistance with the California Department of Toxic Substances Control Equitable Community Revitalization Grant; providing 8 design drawings, oversite, and reporting for soil excavations on the former Train Depot site (future Eden Housing site); preparing a no further action request for the future Science Center site; and providing a shallow soil investigation for the Springtown Open Space park site. This first amendment in the amount of $551,500 increases the total amount of the professional services agreement from $1,165,000 to $1,716,500. The City has obtained a grant from the Department of Toxic Substances Control that will fund the majority of work activities in the First Amendment.

DISCUSSION
On April 25, 2023 the City entered into an agreement with Pangea Environmental Services, Inc. for environmental support services for remediation activities in the downtown as part of Livermore Village Remediation Project 2021-18. The goal of the project is to clean up the site and obtain site closure from the Regional Water Quality Control Board for historical site activities that contaminated surface soils with heavy metals and hydrocarbons and contaminated deeper soil, soil vapor, and groundwater with organic chemicals. Three environmental clean-up cases have been opened up with the Regional Water Quality Control Board at the site for the following previous businesses: J Cleaners, Quality Cleaners, and the Railroad Depot/Lumber Yard. Cleaning up the site will reduce contaminants below levels of concern for future planned uses such as the L Street Garage, Eden Housing, Blacksmith Square Expansion, the SPARC Theater, and the Science Center.

To date, Pangea Environmental Services has provided extensive site environmental testing, developed mitigation plans, obtained approval from the Regional Water Quality, monitored and documented removal of contaminated soil beneath Stockmen's Park and the L Street Parking Garage, designed a soil vapor extraction remediation system, monitored the installation of vapor extraction wells and piping, and obtained low threat closure of the Blacksmith Square Expansion and SPARC Theater. Additionally, Pangea helped the city obtain a $7 Million grant from the Department of Toxic Substances Control that funds the majority of these remediation activities.

Additional environmental support services are required to complete site closures in the downtown. These additional services, as well as some additional services for the Springtown Open Space improvements, are covered in the first amendment and include the following:

Unanticipated soil excavation monitoring activities such as the removal of three underground tanks, an agricultural well, and oily soil during construction of the L Street Garage. Additional work includes monitoring and reporting to the Fire Department and Water Board.

Design modifications for the soil vapor extraction equipment based on new Bay Area Air Quality Management District requirements.

Assistance with the Department of Toxic Substances Control grant requirements.

Preparation of a bid package for surface soil removal at the Eden Site. Surface soil contains heavy metals and hydrocarbons and will be removed and backfilled with clean soil prior to the construction of Eden Housing. Pangea will provide oversite and compliance reporting for these activities that are planned in summer/fall 2025.

Preparation of site closure documents for the Science Center.

Environmental testing at the Springtown Open Space park site as part of the environmental analysis for the site.

These additional services increase the amount of the agreement by $551,500 to a total not-to-exceed amount of $1,716,500. The first amendment also extends the term of the agreement by two years from 9 December 31, 2026 to December 31, 2028. This extended term coincides with the delayed schedule for Eden Housing and allows time for Pangea to provide compliance monitoring after Eden Housing is occupied.

FISCAL AND ADMINISTRATIVE IMPACTS

The budget for Livermore Village Remediation Project No. 2019-31 in the 2023-2028 5-Year Capital Improvement Plan covers the cost of work activities in the first amendment planned for FY 2024-25.

Funding is from 2022 COP Construction Fund 320 and Low-Income Housing Fund 611. Fund 320 covers work associated with the garage site and Fund 611 covers work associated with the Eden Housing site.

Funding outside of the current budget years will be requested in the upcoming 2025-2030 Capital Improvement Plan. The City's grant with the Department of Toxic Substances Control will reimburse costs associated with most of the work activities in the first amendment.

COMMUNITY PILLAR

4: Inclusive & Inviting Spaces & Places

GOAL

3: Continue to implement the Downtown Specific Plan

ATTACHMENTS

1. Project Location

2. Resolution

3. Exhibit A - First Amendment

Prepared by: Joel Waxdeck
City Engineer

Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
10 City of Livermore
This map is based on City of Livermore GIS Information and reflects the most current information at the time of this printing. The map is intended for reference purposes only and the City and its staff is not responsible for errors or omissions.
2,000
Livermore IT, GIS Services
333.3
1:NAD_1983_2011_StatePlane_California_III_FIPS_0403_Ft_US Feet333.30 Notes166.67
11 RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING EXECUTION OF A FIRST AMENDMENT TO THE

PROFESSIONAL SERVICES AGREEMENT WITH PANGEA ENVIRONMENTAL SERVICES, INC. FOR ADDITIONAL ENVIRONMENTAL SUPPORT SERVICES FOR

REMEDIATION ACTIVITIES ASSOCIATED WITH LIVERMORE VILLAGE REMEDIATION PROJECT 2021-18, INCREASING THE NOT-TO-EXCEED CONTRACT AMOUNT FROM $1,165,000 TO $1,716,500 AND EXTENDING THE TERM TO DECEMBER 31, 2028
On April 25, 2023 the City (City) entered into an agreement with Pangea Environmental Services, Inc. for environmental support services for remediation activities in the downtown as part of Livermore Village Remediation Project 2021-18. The goal of the project is to clean up the site and obtain site closure from the Regional Water Quality Control Board for historical site activities that contaminated surface soils with heavy metals and hydrocarbons and contaminated deeper soil, soil vapor, and groundwater with organic chemicals. Three environmental clean-up cases have been opened up with the Regional Water Quality Control Board at the site for the following previous businesses: J Cleaners, Quality Cleaners, and the Railroad Depot/Lumber Yard. Cleaning up the site will reduce contaminants below levels of concern for future planned uses such as the L Street Garage, Eden Housing, Blacksmith Square Expansion, the SPARC Theater, and the Science Center.

To date, Pangea Environmental Services has provided extensive site environmental testing, developed mitigation plans, obtained approval from the Regional Water Quality Control Board, monitored and documented removal of contaminated soil beneath Stockmen's Park and the L Street Parking Garage, designed a soil vapor extraction remediation system, monitored the installation of vapor extraction wells and piping, and obtained low threat closure of the Blacksmith Square Expansion Parcel and SPARC Theater Parcel. Additionally, Pangea helped the City obtain a $7 Million grant from the Department of Toxic Substances Control that funds the majority of these remediation activities.

This first amendment covers additional environmental support services that include additional soil excavation monitoring activities during construction of the L Street Garage such as removal of underground tanks; design of additional soil vapor extraction equipment based on new Bay Area Air Quality Management District requirements; providing assistance with the California Department of Toxic Substances Control Equitable Community Revitalization Grant; providing design drawings, oversite, and reporting for soil excavations on the former Old Train Depot site (future Eden Housing site); preparing a no further action request for the future Science Center site; and providing a shallow soil investigation for the Springtown Open Space park site. This first amendment in the amount of $551,500 increases the total amount of the professional services agreement from $1,165,000 to $1,716,500.
12 RESOLUTION NO. ________
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that it hereby:

1. Authorizes the City Manager to execute a first amendment to the agreement with Pangea Enviornmental Services, Inc., a copy of which is attached as Exhibit A, and is incorporated by this reference, for additional environmental support services for remediation activities associated with Livermore Village Remediation Project 2021-18, increasing the not-to-exceed contract amount from $1,165,000 to $1,716,500 and extending the term to December 31, 2028.

2. Authorizes the City Manager 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 amendment.

On motion of Council Member _________________________, seconded by Council Member ________________________, the foregoing resolution was passed and adopted on January 13, 2025, 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
City Clerk Assistant City Attorney
Exhibit A – First Amendment to Agreement with Pangea Environmental Services, Inc. 13 Amendment - Professional Services Agreement Page 1
Rev. 09/19/23

FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
THIS FIRST AMENDMENT is made and entered into this ____ day of ________, 20 , by and between the City of Livermore (“City”), a municipal corporation, and Pangea Environmental Services, Inc. (“Consultant”), a California corporation.

RECITALS
On April 25, 2023, City and Consultant entered into an agreement for Consultant to provide professional environmental support services for r emediation activities and compliance in the Downtown Core as part of Livermore Village Remediation Project 2021-18 services to City (“Original Agreement”). Section 21 of the Original Agreement requires that any modifications to it must be in writing and signed by the parties.

City and Consultant desire to am end the Original Agreement to increase the Consultant’s compensation from $1,165,000 to $1,716,500 to add additional soil excavation monitoring ac tivities during constr uction of the L Street Garage such as removal of underground tanks; design additional s oil vapor extraction equipment based on new Bay Area Air Quality Management District r equirements; provide assistance with the California Department of Toxic Substances Control Equitable Community Revitalization Grant compliance; provide design drawings, oversite, and reporting for soil excavations on the former Old Train Depot site (future Eden Housing site); prepare a no further action request for the future Science Center site; provide a s hallow soil investigation for the Springtown Open S pace park site, and other additional environmental support services and extend the term of the Agreement from Dec ember 31, 2026 to December 31, 2028. This is the First amendment to the Original Agreement.

AGREEMENT
NOW, THEREFORE, City and Consultant hereby agree that the aforementioned recitals are true and correct and further agree as follows:

1. T
he Original Agreement is amended as follows:

A. S
ection 3 of the Original Agreement is amended to read as follows:

Description of Services.

C
onsultant shall provide environmental support services for remediation activities and compliance in the Downtown Core as part of Livermore Village Remediation Project 2021- 18 as more particularly set forth in Exhibit A to the Original Agreement and additional environmental support services as more particular set forth in Exhibit A-1 to the First Amendment (collectively “the Services”).

Docusign Envelope ID: 4E2ACC8F-F014-4546-9D4F-3030B0FA0E37

EXHIBIT A
14 Amendment - Professional Services Agreement Page 2 Rev. 09/19/23
B. Section 5a of the Original Agreement is amended to read as follows:

Compensation and Payment. The total compensation payable by City to Consultant for the services SHALL NOT EXCEED the sum of $1,716,500 (“not-to-exceed amount”).

1. The compensation payable by the City to Consultant for the services required by Exhibit A to the Original Agreement SHALL NOT EXCEED $1,165,000 (“not-to-exceed amount”).

2. The compensation payable by the City to Consultant for the services required by Exhibit A -1 to the Original Agreement SHALL NOT EXCEED $551,500 (“not-to-exceed amount”).

Except as provided in the body of this Agreement, the hourly rates, task amounts, or travel expenses are intended to be Consultant’s only compensation for the services and is inclusive of all costs of labor, licensing, permitting, overhead and administrative costs, and any-and-all other costs, expenses, and charges incurred by Consultant, its agents, and employees to provide the Services.

C. Section 6 of the Original Agreement is amended to read as follows:

Term.

The term of this Agreement commences on April 24, 2023, and terminates upon the completion of the Services or December 31, 2028, whichever occurs first.

2. These amendments are prospective and only apply to the S ervices rendered by Consultant after the execution of this Amendment. Unless otherwise stated herein, this Amendment does not relieve the parties of the terms and conditions of the Original Agreement as written and in effect at the time the Services were rendered.

3. Except as amended above, the Original Agreement remains in full force and effect.

Docusign Envelope ID: 4E2ACC8F-F014-4546-9D4F-3030B0FA0E37

EXHIBIT A
15 Amendment - Professional Services Agreement Page 3 Rev. 09/19/23

In concurrence and witness whereof, and in recognition of the mutual consideration provided therefore, the parties have executed this Agreement effective on the date first written above.

CONSULTANT: Dated:

____________________________ ___________________________ By: Bob Clark-Riddell
Title: Principal/President

CITY OF LIVERMORE: Dated:

____________________________ ____________________________ Marianna Marysheva
City Manager

APPROVED AS TO FORM:

___________________________
Deputy/Assistant/City Attorney

APPROVED AS TO INSURANCE:

Risk Manager/Analyst

Attachments:

Exhibit A-1 Scope of Work Amendment #1

Docusign Envelope ID: 4E2ACC8F-F014-4546-9D4F-3030B0FA0E37 12/2/2024 | 11:35 AM PST

EXHIBIT A
16 PANGEA Environmental Services, Inc. 1250 Addison Street, Suite 213, Berkeley, CA 94612 Telephone 510.836.3700 www.pangeaenv.com

Exhibit A-1
Scope of Work
Amendment #1
Livermore Professional Services Agreement #23-0076

The City of Livermore (City) has requested this amendment to the Livermore Professional Services Agreement #23-0076 for construction oversight services, remediation, and environmental consulting support of the Livermore Downtown Core projects. Budget Adjustment Request #1 (Adjustment #1) was previously approved for the reallocation of budget to address previously unknown environmental conditions discovered during Site grading. Amendment #1 details a Task realignment to help the City facilitate reimbursement from the recently awarded California Department of Toxic Substances Control (DTSC) Equitable Community Revitalization Grant (ECRG). Additionally, Amendment #1 restores the original Task 130 budget reallocated under Adjustment #1 and provides additional budget for the expanded project work scope described below.

The following Amendment #1 items are described below:
 Budget reallocation by Adjustment #1 for initial work scope expansion during Site grading.  Project task realignment to match the DTSC ECRG tasks for ease of grant reimbursement requests.
 Amendment #1 Scope of Work:
o Restore Task 130 budget
o Additional construction oversight during Site grading. o Remove underground storage tanks (USTs) discovered in June 2024 during Site trenching.
o Engineering design and construction services for projects at the former Old Train Depot (OTD) site.
o Complete a soil investigation at the former Springtown Golf Course of Livermore.  A revised budget summary.

The budget/work scope adjustments described herein for pending and completed work were authorized by City personnel.
-------------------------------------------------------------------------------------------------------------------

Docusign Envelope ID: 4E2ACC8F-F014-4546-9D4F-3030B0FA0E37

EXHIBIT A
17 EXHIBIT A-1

2 BUDGET ADJUSTMENT REQUEST #1: BUDGET REALLOCATION DUE TO EXPANDED

WORK SCOPE
On July 14, 2023, the City approved Adjustment #1 that documented work completed to manage the assessment and removal of previously unknown objects discovered during the construction of the “L Street Parking Garage” at the former Quality Cleaners Site. Adjustment #1 for “Exhibit A” of the subject Professional Services Agreement #23-0076 reallocated a specific budget amount ($136,500) from future planned activities to Task 105: Remedial Excavation Observation, Sampling, and Reporting. The following is a summary of budget and scope changes provided by Adjustment #1.

Task 105 – Quality Cleaners: Remedial Excavation Observation, Sampling, and Reporting Budget Reallocation: Per City request, Adjustment #1 adjusted the original project budget ($50,000) upward to $186,500 by reallocating a $136,500 budget amount from future Task 130 referenced below.

Exhibit A Work Scope: The original Task 105 scope was to perform remedial excavation inspections, conduct post-excavation sampling, and prepare a Remedial Excavation Completion Report to document completion of excavation outlined in the approved Remedial Work Plan.

Expanded Work Scope: The project work scope was expanded due to previously unknown environmental structures and conditions (e.g., USTs and an agricultural well) discovered during Site grading for the construction project. The expanded work included coordination of contractors, field construction oversight, waste management, and reporting associated with permitted removal of the UST and permitted destruction of the agricultural well. The scope and budget were expanded in Adjustment #1.

Deliverables: The original and expanded work activity was documented in the following deliverables:
 Remedial excavation was reported in a Draft Remedial Excavation Completion Report.

The final report was submitted to the San Francisco Regional Water Quality Control Board (Water Board) on March 8, 2024.
 Removal of the first discovered UST was reported in a UST Removal Report submitted to the Livermore-Pleasanton Fire Department (LPFD) and Water Board and also uploaded to Geotracker on October 4, 2023.
 Permitted destruction of the agricultural well was reported in a Well Completion Report submitted to the Zone 7 Water Agency and California Department of Water Resources on October 23, 2023.
 Removal of two other USTs was reported in a UST Removal Report submitted to the LPFD and Water Board and also uploaded to Geotracker on November 1, 2023.

Task 130 – Quality Cleaners: Soil Gas Monitoring and Reporting Budget Reallocation: Per City request, Adjustment #1 reallocated $136,500 of the $205,000 Task 130 budget to Task 105 - Quality Cleaners: Remedial Excavation Observation, Sampling, and Reporting.
------------------------------------------------------------------------------------------------------------------- Docusign Envelope ID: 4E2ACC8F-F014-4546-9D4F-3030B0FA0E37

EXHIBIT A
18 EXHIBIT A-1

3 PROJECT TASK REALIGNMENT TO MATCH DTSC ECRG TASKS
The City was recently awarded an ECRG by the DTSC, effective August 4, 2023. Amendment #1 realigns the project task numbers listed in Livermore Professional Services Agreement #23-0076 to match the relevant DTSC ECRG tasks for ease of grant reimbursement requests. The updated Amendment #1 task schedule is summarized below in Table A.

Table A – Task Schedule Realignment to match DTSC ECRG Tasks Original Contract Task Schedule Updated Contract Task Schedule Task 100* – QC: Remediation Permitting Task 100* – QC Parking: Remediation Permitting Task 105* – QC: Excavation Observation, Sampling
and Reporting
Task 105* – QC Parking: Soil Excavation, Offsite
Disposal & Backfill
Task 110* – QC: SVE Construction Observation Task 110* – QC Parking: Excavation Observation, Sampling & Reporting
Task 115* – QC: SVE System Installation, Testing &
Reporting
Task 115* – QC Parking: SVE System Installation,
Testing & Reporting
Task 120* – QC: SVE System O&M and Reporting (1
Year)
Task 120* – QC Parking: SVE System O&M and
Reporting (1 Year)
Task 125* – QC: Groundwater Monitoring and
Reporting
Task 125* – QC Parking: Groundwater Monitoring and
Reporting
Task 130* – QC: Soil Gas Monitoring and Reporting Task 130* – QC Parking: SVE Pilot Test & Soil Gas Sampling
Task 135* – QC: Closure Request Task 135* – QC Parking: Implementation Oversight & Reporting
Task 200* – OTD: Construction Observation and
Reporting
Task 200* – OTD Multifamily: Soil Excavation & Offsite
Disposal
Task 205* – OTD: Indoor Air Sampling Task 205* – OTD Multifamily: Garage Separation System Design and Implementation
Task 210* – OTD: Closure Request Task 210* – OTD Multifamily: Consultant Implementation and Oversight
Task 215 – Old Train Depot and Quality Cleaners: Well
Destruction Task 215 – OTD and QC: Well Destruction
Task 300 – JC: HHRAs and NFA/Closure Requests
(Black Box/Theatre) Task 300 – J Cleaners: HHRAs and NFA/Closure Task 305 – JC: Soil Gas Sampling (Science & Society
Center)
Task 305 – JC: Soil Gas Sampling (QUEST Science
Center)
Task 310 – JC: Site Management Plan Task 310 – JC: Site Management Plan Task 315 – JC: Well Destruction Task 315 – JC: Well Destruction Task 400 – Downtown CORE Environmental Support
(As Needed)
Downtown CORE Environmental Support (As Needed)

* ECRG Funded Tasks

------------------------------------------------------------------------------------------------------------------- Docusign Envelope ID: 4E2ACC8F-F014-4546-9D4F-3030B0FA0E37

EXHIBIT A
19 EXHIBIT A-1

4 AMENDMENT #1 SCOPE:

Professional Services Agreement #23-0076 “Exhibit A” described the original scope of work.

Amendment #1 (Exhibit A-1) restores budget to complete the scope of work within Task 130 of Professional Services Agreement #23-0076 Exhibit A, and the following additional work scope under Professional Services Agreement #23-0076 requested by the City, following the adjustment of Tasks to align with the ECRG Tasks:
 Assessment, disposal coordination, and reporting associated with additional underground features/conditions (e.g., brick and oily soil, asbestos-containing pipe, and USTs) discovered during former Quality Cleaners Site grading (Task 105).  Additional weekly construction meetings SVE design and construction services, and permit required equipment changes (Task 115).
 ECRG program management and reporting (Task 135).
 Soil excavation and disposal support at the former OTD site (Task 200).  Engineering design support for the garage separation project (Task 205).  Program management and reporting for the OTD projects (Task 210)  Completion of a Human Health Risk Assessment (Task 300).  Soil Gas Well Abandonment at the former J Cleaners site (Task 315).  Shallow Soil Investigation at the Springtown Golf Course (Task 400, Subtask 403).

The scope changes for Amendment #1 are detailed below.

Task 105 – QC Parking: Soil Excavation, Offsite Disposal & Backfill Expanded Scope: During Site grading for the construction of the “L Street Parking Garage”, the City’s Contractor discovered previously unknown environmental conditions that required permitting, removal, sampling, waste management, and reporting that was not originally included in Exhibit A. The unknown environmental conditions included oily soil indicative of a historic release beneath a layer of brick and pipe containing asbestos. Pangea successfully expedited removal of these conditions to reduce project construction delay while satisfying the requirements of the Water Board, Zone 7 Water Agency, and LPFD. The removal activities for the previously unknown underground features included:

Brick and Oily Soil:
 Assessment of the lateral and vertical extent of the brick layer and visibly stained soil.  Direction of excavation and stockpiling of oily soil and brick for waste profiling.  Soil characterization sampling following soil and brick excavation, including rush analysis of samples.
 Coordination of soil analytical data review with the Water Board for backfill approval.  Waste characterization sampling of excavated brick and oily soil.  Oversight of the loading and disposal of brick and oily soil.  Reporting of the soil assessment, removal, and disposal information in Remedial Excavation Completion Report.

Asbestos-Containing Pipe:
 Waste characterization sampling of the asbestos-containing pipe.  Hazard communication to the City’s general contractor and subcontractor personnel.

Docusign Envelope ID: 4E2ACC8F-F014-4546-9D4F-3030B0FA0E37

EXHIBIT A
20 EXHIBIT A-1

5  Direction of asbestos containing pipe handling to prevent exposure.  Transportation and disposal of asbestos containing pipe.  Oversight of the loading and disposal of asbestos containing pipe.  Reporting asbestos-containing pipe disposal information in the Remedial Excavation Completion Report.

USTs:
 Assessment of the condition of USTs discovered in June 2024 during Site trenching.  Coordination of UST removal and sampling.
 UST cleaning and removal.
 Soil characterization sampling following UST removal, including rush analysis of samples.
 Coordination of soil analytical data review with the Water Board for backfill approval.  Waste characterization sampling of excavated soil and UST cleaning rinseate.  Oversight of the loading and disposal of USTs and waste.  Reporting of the UST removal, soil assessment, removal, and disposal information in a UST removal report.

During, and following the completion of Site grading, Pangea personnel performed additional oversight of the loading of Site soil for off-site disposal. This oversight amounted to an additional 20 workdays of labor. Pangea also participated in an additional six weeks of construction meetings, and Engineering inspector visits to complete Task 105. Pangea will perform additional waste management and excavation support, as needed.

Deliverables: The Remedial Excavation Completion Report was expanded to include the additional scope described for the oil soil, brick, and asbestos containing pipe management.

Information added to the Remedial Excavation Completion Report included analytical results, waste documentation, and figures identifying the location of environmental conditions removed during Site grading. An additional UST removal report will be prepared to document the discovery and removal of the USTs discovered in June 2024.

Schedule: The Remedial Completion Report was submitted to the Water Board on March 8, 2024. The UST removal report will be submitted to the Water Board by August 31, 2024.

Budget: The original project budget of $50,000 was adjusted to $186,500 in Adjustment #1 by reallocating $136,500 from Task 130 referenced below. This allocation remains for this task, and an Amendment #1 budget increase of $82,500 for additional scope is included for a revised Task 105 budget of $269,000.

Task 110 – QC Parking: Excavation Observation, Sampling & Reporting Expanded Scope: The scope was not expanded. The budget was reduced for this scope to be reallocated to Tasks 105 and 115.

Deliverables: No additional deliverables.

Schedule: No change.

Docusign Envelope ID: 4E2ACC8F-F014-4546-9D4F-3030B0FA0E37

EXHIBIT A
21 EXHIBIT A-1

6 Budget: The original Exhibit A budget of $105,000 is decreased by $55,000 for a revised task budget of $50,000.

Task 115 – QC Parking: SVE System Installation, Testing & Reporting Expanded Scope: Following the request made on March 20, 2024 by the City to participate in weekly construction meetings at the Site, Pangea anticipates additional budget will be required to meet this request. The Bay Area Air Quality Management District (BAAQMD) implemented a policy change in late 2023 for SVE systems treating volatile organic compounds. To address this policy change, additional equipment is required for the construction of the SVE system. Additional budget will be required for the labor to design and build the SVE, and for the additional materials required following these changes. The budget increase is for labor and mileage to travel to and from the Site for the meetings, labor and equipment required for SVE construction per BAAQMD requirements, and for market inflation for SVE system components.

Deliverables: No additional deliverables.

Schedule: The schedule has been extended per the L Street Parking Garage construction schedule. Testing will be performed following construction and connection to power, anticipated for the late 2024 and early 2025. Pangea assumed meeting attendance by the Project Engineer at 26 weekly Site meetings.

Budget: The original Exhibit A budget of $170,000 is increased by $126,000 for a revised task budget of $296,000.

Task 120 – QC Parking: SVE System O&M and Reporting (1 Year) Expanded Scope: The scope was not expanded. The budget was reduced for this scope to match the ECRG budget.

Deliverables: No additional deliverables.

Schedule: No change.

Budget: The original Exhibit A budget of $215,000 is decreased by $10,000 for a revised task budget of $205,000.

Task 130 – QC Parking: Soil Gas Monitoring and Reporting Budget Restoration: Adjustment #1 reallocated $136,500 of the $205,000 Task 130 budget to Task 105 - Quality Cleaners: Remedial Excavation Observation, Sampling, and Reporting. At the City’s request, Amendment #1 restores $136,500 to Task 130, with a revised budget of $205,000.

Task 135 – QC Parking: Implementation Oversight & Reporting Expanded Scope: The scope has been expanded to include project management for ECRG compliance, project progress meetings, and reporting for the duration of the grant period.

Deliverables: Quarterly update reports are anticipated beginning in Q4, 2024.

Docusign Envelope ID: 4E2ACC8F-F014-4546-9D4F-3030B0FA0E37

EXHIBIT A
22 EXHIBIT A-1

7 Schedule: No change.

Budget: The original Exhibit A budget of $10,000 is increased by $26,500 for a revised task budget of $36,500.

Task 200 – OTD Multifamily: Soil Excavation & Offsite Disposal Expanded Scope: Support Livermore with preparation of engineering drawings and specifications for construction bid package, contractor selection, and soil excavation and offsite disposal oversight for the former Old Train Depot site prior to site redevelopment activities.

Perform Site Management Plan (SMP) compliance inspections during construction and prepare an Excavation Completion Report to document completion of excavation. Pangea personnel will observe and document the remedial excavation and soil handling and disposal activities performed by the City Contractor. Assumes the Contractor is responsible for surveying the excavation boundaries.

Deliverables: Engineering drawings and specifications will be prepared, concurrent with Task 205. Results of the excavation will be reported in an Excavation Completion Report. The report will include a description of excavation, excavation boundary coordinates, waste documentation, and backfill testing information. Figures will be prepared to present the excavation boundaries.

The report will be submitted to the City following completion of the excavation and backfill work.

Construction progress will be reported in weekly construction reports submitted to the City via email during construction.

Schedule: The tentative project schedule includes:
 Completion of final engineering drawings and specifications in December 2024.  Excavation observation, tentatively scheduled for April 2025 to June 2025.  Draft Excavation Completion Report by July 31, 2025.

Budget: The original Exhibit A budget of $15,000 is increased by $75,000 for a revised task budget of $90,000.

Task 205 – OTD Multifamily: Garage Separation System Design and Implementation Expanded Scope: Support Livermore with preparation of engineering drawings and specifications for construction and implementation of the garage separation system, to be completed in conjunction with Task 200. Pangea personnel will observe and document the implementation of the scope performed by the City Contractor.

Deliverables: Engineering drawings and specifications will be prepared, concurrent with Task 200. The drawings and specifications will be submitted to the City with three separate reviews.

Implementation progress will be reported in weekly construction reports submitted to the City via email during implementation.

Schedule: The tentative project schedule includes:
 Completion of final engineering drawings and specifications in December 2024.  Garage separation system implementation in April 2025 to June 2025.

Docusign Envelope ID: 4E2ACC8F-F014-4546-9D4F-3030B0FA0E37

EXHIBIT A
23 EXHIBIT A-1

8 Budget: The original Exhibit A budget of $80,000 is increased by $10,000 for a revised task budget of $90,000.

Task 210 – OTD Multifamily: Consultant Implementation and Oversight Expanded Scope: The scope has been expanded to include project management for ECRG compliance, project progress meetings, oversight of site construction, and reporting for the duration of the grant period.

Deliverables: No change.

Schedule: The schedule has been expanded to include the planning and implementation of construction projects planned for 2025.

Budget: The original Exhibit A budget of $10,000 is increased by $90,000 for a revised task budget of $100,000.

Task 300 – J Cleaners: HHRAs and NFA/Closure Requests
Expanded Scope: Following Water Board review of the Human Health Risk Assessment (HHRA) and No Further Action (NFA) request prepared for the SPARC Theater parcel, additional budget will be required to complete the HHRA and NFA request for the remaining parcels associated with the J Cleaners Site (QUEST Science Center and Stockmen’s Park). The budget increase is for additional analysis and soil gas assessment following remediation and subsequent additional Water Board engagements not included in Exhibit A.

Deliverables: No additional deliverables.

Schedule: No change. Schedule is dependent upon completion of remediation scheduled to begin in the third quarter of 2024.

Budget: The original Exhibit A budget of $70,000 is increased by $30,000 for a revised task budget of $100,000.

Task 315 – J Cleaners: Well Destruction
Expanded Scope: Exhibit A included one well abandonment event to destroy 19 soil gas monitoring wells following closure approval from the Water Board, including Zone 7 Water Agency permitting for 5 of the wells. At the City’s request, two well abandonment events have been added, each expedited for the Blacksmith Square and SPARC Theatre parcels, respectively. Each additional event requires Zone 7 Water Agency permits, contracting with a C57 licensed contractor to complete the abandonments, and reports submitted to the Water Board.

Deliverables: Three total well abandonment completion reports. Pangea has already submitted a well abandonment completion report to the Water Board for the Blacksmith Square parcels.

Schedule: The well abandonment and reporting for the SPARC Theatre parcel will be completed in the third quarter of 2024, following Water Board approval of the NFA request. There is no additional change to the project schedule for the completion of the third, and final well Docusign Envelope ID: 4E2ACC8F-F014-4546-9D4F-3030B0FA0E37

EXHIBIT A
24 EXHIBIT A-1

9 abandonment and completion report. The schedule is dependent upon Water Board approval of the QUEST Science Center NFA request.

Budget: The original Exhibit A budget of $25,000 is increased by $15,000 for a revised task budget of $40,000.

Task 400 – Downtown CORE Environmental Support
Expanded Scope: The City requested a shallow soil investigation and environmental services in support of a planned park project located on the former Springtown Golf Course. Sampling will be conducted at 8 locations to a total depth of 3 feet, with up to three samples collected per boring.

Samples will be analyzed for a variety of chemicals to assist the City in decision making related to the disposition of in-situ soil during construction of the planned park. Pangea will coordinate the sampling with all affected parties, perform a utility clearance notification, complete field sample collection and analysis, and prepare a report describing the results of the investigation and provides recommendations for soil management.

Deliverables: A report summarizing the scope, sampling results, and recommendations will be prepared for the City.

Schedule: Soil sampling will be completed by July 19, 2024. An investigation report will be prepared within three weeks following receipt of all analytical results.

Budget: Per the terms of the Professional Services Agreement #23-0076, and at your request in an email dated July 12, 2024 Pangea prepared this request to expand the original project budget of $35,000 by $25,000 for revised task budget of $60,000 contract Task 400: “Downtown CORE Environmental Support (As Needed).” The total budget under Task 400 following the adjustment will be applied to a new Subtask 403 for the scope described above. -------------------------------------------------------------------------------------------------------------------

Docusign Envelope ID: 4E2ACC8F-F014-4546-9D4F-3030B0FA0E37

EXHIBIT A
25 EXHIBIT A-1

10 AMENDMENT #1 PROJECT BUDGET
This section summarizes the Amendment #1 budget increase of $321,500 for the expanded work scope described above. This section also summarizes the City’s requested restoration of $136,500 of the original budget for “Task 130 – Quality Cleaners: Soil Gas Monitoring and Reporting”, which was allocated to Task 105 in Adjustment #1 to complete the additional excavation and Site soil management scope.

Amendment #1 budget changes are summarized for all project tasks below in Table B. Budget reallocation amounts from Adjustment #1 are shown below in red. Budget increase amounts are shown in blue.

Table B – Summary of Budget Changes for Amendment #1
Task
#
Professional Services Agreement - Exhibit A
Task Name
Initial
Contract
Budget
($)
Budget
Adjustment
#1 ($)
Budget
Amendment
#1 ($)
Revised
Budget ($)
100* QC Parking: Remediation Permitting 45,000 0 0 45,000 105*
QC Parking: Soil Excavation, Offsite Disposal &
Backfill 50,000 136,500 82,500 269,000
110*
QC Parking: Excavation Observation, Sampling &
Reporting 105,000 0 -55,000 50,000
115*
QC Parking: SVE System Installation, Testing &
Reporting 170,000 0 126,000 296,000
120*
QC Parking: SVE System O&M and Reporting (1
Year) 215,000 0 -10,000 205,000
125*
QC Parking: Groundwater Monitoring and
Reporting 20,000 0 0 20,000
130* QC Parking: SVE Pilot Test & Soil Gas Sampling 205,000 -136,500 136,500 205,000 135*
QC Parking: Implementation Oversight &
Reporting 10,000 0 26,500 36,500
200*
OTD Multifamily: Soil Excavation & Offsite
Disposal 15,000 0 75,000 90,000
205*
OTD Multifamily: Garage Separation System
Design and Implementation 80,000 0 10,000 90,000
210*
OTD Multifamily: Consultant Implementation and
Oversight 10,000 0 90,000 100,000
215 OTD and QC: Well Destruction 60,000 0 0 60,000
300 J Cleaners: HHRAs and NFA/Closure 70,000 0 30,000 100,000 305 JC: Soil Gas Sampling (QUEST Science Center) 40,000 0 0 40,000 310 JC: Site Management Plan 10,000 0 0 10,000
315 JC: Well Destruction 25,000 0 15,000 40,000
400
Downtown CORE Environmental Support (As
Needed) 35,000 0 25,000 60,000
Total 1,165,000 0 551,500 1,716,500
* ECRG Funded Tasks, for the duration of the grant. Some task activities will be performed after the grant funding is complete.

QC = Former Quality Cleaners
OTD = Old Train Depot
JC = Former “J” Cleaners

------------------------------------------------------------------------------------------------------------------- Docusign Envelope ID: 4E2ACC8F-F014-4546-9D4F-3030B0FA0E37

EXHIBIT A
26 CITY COUNCIL STAFF REPORT
ITEM NO. 5.2

DATE:

January 13, 2025
TO:

Honorable Mayor and City Council
FROM:

Brandon Cardwell, Innovation and Economic Development Director SUBJECT:

Resolution authorizing execution of the First Amendment to the Lease Agreement with the Livermore Flying Electrons Radio Control Club, Inc. (LFE) for the Raymond Road Model Aircraft Facility.

RECOMMENDED ACTION

SUMMARY
On April 25, 2023, the City of Livermore entered into a Lease Agreement with the Livermore Flying Electrons Radio Control Club, Inc. (LFE) to allow LFE to continue to fly radio-controlled model aircraft and operate radio-controlled cars on City-owned land ("Raymond Road Model Aircraft Facility" or "Property").

The Property that is the subject of the Lease Agreement includes two components: 1) A Primary Lease Area (PLA) covering approximately 300 x 900 feet along Raymond Road between Lorraine Street and Ames Street, and 2) an
Avigation Area of approximately
278 acres. Both components are described and
illustrated in Attachment 1, Location Map.

Per the terms of the Lease Agreement, LFE is required to notify the City whenever LFE wishes to make changes and/or improvements within the PLA and to seek amendments to the Lease Agreement to reflect the requested changes. On July 21, 2024, LFE reached out to the City requesting to make improvements to the PLA to accommodate new activities associated with a new branch of LFE called the Young Flying Electrons. Staff has reviewed and approved the requested changes described in Exhibit C- 1 and amended the PLA Improvements as depicted in the Resolution.

LFE wishes to amend the Agreement with the City to reflect the proposed improvements to the PLA and update their insurance requirements based upon the improvements and proposed new activities. 27 Staff recommends City Council adopt a resolution authorizing the City Manager to execute the First Amendment to the Agreement with LFE for the Raymond Road Model Aircraft Facility on the Property.

DISCUSSION
The City owns approximately 278 acres of land (Property) generally bound by Raymond Road, Ames Street, Lorraine Street, and Hartford Road (extension), Assessor's Parcel Numbers 902-0003-003-01 and 902-0003-004-03 as depicted in Attachment 1, Location Map. The site is largely vacant, and much of it is in a birds’ beak preserve with a portion of the land located over a former city dump, which closed in 1962.

LFE has been operating a model aircraft facility on the Property since 1986, originally under a Property Use Agreement between the City and LFE that ended in 2005. From 2005 until 2020, LFE leased the Property from the Livermore Area Recreation and Park District (LARPD) based upon an agreement between the City and LARPD to manage and sub-lease the Property to LFE. On April 25, 2023, the City entered into a new Lease Agreement (Agreement) with LFE to allow LFE to continue operating the Raymond Road Model Aircraft Facility on the Property.

On July 21, 2024, LFE reached out to the City requesting to make improvements to the PLA to accommodate a new venture called the Young Flying Electrons and to amend the Lease Agreement to reflect the improvements. The proposed improvements include adding a new 8’x20’ steel container for storage; upgrading the existing 8’x20’ adjacent container into a training center for up-and-coming pilots, including a workbench, computer stations, and Flight Simulator stations; and upgrading the existing internal electrical distribution system including outlets, wiring, and conduits. In addition, LFE will grade and pave the existing driveway entry from Raymond Road into the PLA.

All other existing improvements within the PLA as depicted in Exhibit C of the Agreement will remain the same.

FISCAL AND ADMINISTRATIVE IMPACTS

LFE shall pay to the City rent for the Property in the amounts of $500 annually for the initial five years, $600 annually for the second five years, and $700 annually for the remaining term of the Agreement.

COMMUNITY PILLAR

4: Inclusive and Inviting Spaces and Places

GOAL CATEGORY

6: Provide effective support for community events

ATTACHMENTS
28 1. Location Map

2. Resolution

3. Exhibit A - First Amendment

Prepared by: Mike Pato
Management Analyst II

Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
29 This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. The City of Livermore is not responsible for misuse or errors or omissions on this map. All information should be confirmed. 7,032
Information Technologies, GIS Division, City of Livermore 1,172.0
Legend
1:

NAD_1983_2011_StatePlane_California_III_FIPS_0403_Ft_US Feet0 1,172.0585.99 Notes
2/3/2023Date Printed:

City Limits
Major Streets (> 62,500)
Collector Street Names (2500-
Local Street Names (2500-125
Street Centerline
Interstate
Other Freeway or Expressway
Principal Arterial
Collector
Local
Ramp
Private Streets
Railroad
Road Casings
Private
Public
Parcels

HARTFORD AVENUE

AMES STREET

LORRAINE ROAD

RAYMOND ROAD

DALTON AVENUE

PRIMARY

LEASE AREA
APN 902-0003-003-01
APN 902-0003-004-03

HARTFORD AVENUE (EXTENSION)

AVIGATION AREA

BLUEBELL DRIVE

CLOSED AND CAPPED

CITY DUMP AREA

PROPERTY/LEASE

AREA BOUNDARY

BROADMOOR STREET

CRESTMONT AVENUE
ATTACHMENT 1
30 RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING EXECUTION OF THE

FIRST AMENDMENT TO THE LEASE AGREEMENT BETWEEN

THE CITY OF LIVERMORE AND LIVERMORE FLYING ELECTRONS RADIO CONTROL CLUB, INC.

On April 25, 2023, the City and the Livermore Flying Electrons Radio Control Club, Inc. (“LFE”) entered into a Lease Agreement (the “LEASE”). On October 9, 2023, the City and LFE executed a Memorandum of Lease Agreement that was recorded October 27, 2023, under record series 2023127146 in the office of Alameda County Recorders memorializing the executed Lease.

The Lease contains terms and conditions allowing for operation of a radio control club with activities including the flying of radio-controlled aircraft and operating radio- controlled cars by club members, and retrieval of the radio-controlled aircraft within the City-owned parcels located along Raymond Road between Lorraine Street and Ames Street (APNs: 902-0003-003-01; 902-0003-004-03) (hereinafter “Property”).

The portion of the Property subject to this Lease is an approximately 300 x 900- foot Primary Lease Area (“PLA”) along Raymond Road between Lorraine Street and Ames Street, and an approximately 278-acre Avigation Area described in the Property Exhibit as depicted in attached Exhibit A, of this Resolution.

On July 21, 2024, LFE requested changes to accommodate their new venture as part of their organization called the Young Flying Electrons. An amendment to the Lease is needed to reflect the requested changes and or improvements. Staff has reviewed and recommends the Council approve the requested changes described in Exhibit C-1, Amended Primary Lease Area Improvements, and as depicted overall in Exhibit A of this Resolution.

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

1. Authorizes the City Manager to sign on behalf of the City of Livermore, the First Amendment to the Lease Agreement between the City of Livermore and Livermore Flying Electrons Radio Control Club, Inc. for the Property, a copy of which is attached as Exhibit A and is incorporated by this reference, so that the Property can be used as a model aircraft facility to fly radio-controlled model aircraft and operate radio-controlled cars; and,

2. Authorizes the City Manager to take whatever actions are necessary and appropriate to carry out the purpose and intent of this resolution, including making minor changes to the Lease.
31 RESOLUTION NO. ________
On motion of Council member _______________________, seconded by Council member _______________, the foregoing resolution was passed and adopted on January 13, 2025, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Tara Mazzanti
Deborah L. Elam Tara Mazzanti
City Clerk Assistant City Attorney
Exhibit A – First Amendment to the Lease Agreement between the City of Livermore and Livermore Flying Electrons Radio Control Club, Inc.
32 RECORDING REQUESTED BY:

AND
WHEN RECORDED MAIL TO:

City Clerk
City of Livermore
1052 South Livermore Avenue
Livermore, CA 94550
MAIL TAX STATEMENTS TO:

SAME AS ABOVE
APN's: 902-0003-003-01
& 902-0003-004-03

ABOVE THIS LINE FOR RECORDER'S USE
The Undersigned grantor(s) declare(s):

CITY TRANSFER TAX$
DOCUMENTARY TRANSFER TAX$
SURVEY MONUMENT FEE$
R&T Code 11911Value or consideration is that than $100
Computed on the consideration or value or property conveyed: OR Computed on the consideration or value less liens or
encumbrances. Remaining at time of sale.

FIRST AMENDMENT TO THE

LEASE AGREEMENT BETWEEN CITY OF LIVERMORE AND THE LIVERMORE

FLYING ELECTRONS

THIS FIRST AMENDMENT TO THE LEASE AGREEMENT BETWEEN CITY OF LIVERMORE AND THE LIVERMORE FLYING ELECTRONS is made as of this __ day of _____ _, 2024, by and between the Livermore Flying Electrons Radio Control Club, Inc. ("LFE"), the lessee, and the City of Livermore, a municipal corporation ("CITY"), the lessor.

RECITALS
A. On April 25, 2023, the City and LFE entered into a Lease Agreement (the "LEASE"). On October 9, 2023, the City and LFE executed a Memorandum of Lease Agreement that was recorded October 27, 2023, under record series 2023127146 in the office of Alameda County Recorders memorializing the executed Lease.

B. The Lease contains terms and conditions allowing for operation of a radio control club with activities including the flying of radio-controlled aircraft and operating radio controlled cars by club members, and retrieval of the radio-controlled aircraft within the City-owned parcels located along Raymond Road between Lorraine Street and Ames Street (APNs: 902-0003-003-01; 902-0003-004-03) (hereinafter "Property")).

C. Per the Lease, the Property which is the subject of this Lease is an approximately 300 x 900-foot Primary Lease Area (PLA) along Raymond Road between Lorraine Street and

EXHIBIT A
33 Lease. Any proposed additional new improvements shall be presented to the City for review and approval prior to the installation of the improvements.

All existing and any approved future improvements shall be limited to being installed within the PLA only.

2. Section 6, Paragraph 6.1 under Improvements Insurance requirements is hereby amended to read as follows:

LFE shall maintain insurance in the amounts and under the terms set forth in Exhibit "B-1" Amended Insurance Requirements attached, naming the City as an additional insured.

All Exhibits amended or added under this section are attached to and incorporated into this Agreement. All Exhibits not explicitly amended by this Agreement remain in full force and effect

3. Continuing Effect. These amendments are prospective and except as amended above, the Agreement remains in full force and effect. This First Amendment does not relieve the parties of the terms and conditions of the original Lease as written and in effect.
(SIGNATURES ON THE FOLLOWING PAGE)

EXHIBIT A
34 Ames Street, and an approximately 278-acre Avigation Area, all as described and shown in Exhibit A (together the Property).

D. On July 21, 2024, LFE contacted the City requesting to make changes and or improvements to the PLA to accommodate their new venture as part of their organization called the Young Flying Electrons. Per the terms of the Lease, ifLFE wishes to make changes and or improvements within the PLA, they are required to notify the City and amend the Lease accordingly to reflect the requested changes and or improvements upon City approval.

E. The Lease also requires that LFE is responsible for all costs associated with the proposed improvements including the costs of any required permits. The City has reviewed and approved the requested changes as described in Exhibit C-1, Amended Primary Lease Area Improvements.

AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the City and LFE hereby agree that the aforementioned recitals are true and correct and further agree as follows:

1. Section 3, Paragraph 3. lA. under Improvements is hereby amended to read as follows:

There are existing improvements to the Property, within the PLA including but not limited to a landing and take-off surface, a dirt track for radio control cars, auto parking, chemical restroom facilities, spectator bleachers, and other faciiities related to the use of remote-control model aircraft and cars. In addition, the following new improvements are hereby included and made part of the existing improvements within the PLA:

A. add a new 20' steel container for storage.

B. upgrade the existing 20' adjacent container into a training center for up-and coming pilots including a work bench, computer stations, and Flight Simulator stations. The existing internal electrical distribution system, ie. outlets ... will be moved around to accommodate the spacing of the stations. This container is currently powered by a separate service of 2-120 from the �xisting main circuit breaker box in the existing 12' container.

C. Grade and pave the existing driveway entry from Raymond Road into the PLA.

D. LFE shall be responsible for all costs asso�iated with the proposed improvements including the costs of any required permits.

For location and description of the above noted improvements, see attached Exhibit C-1, Amended Primary Lease Area Improvements. These existing and new improvements are allowed to remain and are required to be properly maintained by LFE for the term of the

EXHIBIT A
35 IN WITNESS WHEREOF, the Parties have executed this First Amendment to the Lease Agreement as of the dates set forth below.

4. Signatures. (Shall be notarized):

LESSOR:

City of Livermore
A municipal corporation
By: Marianna Marysheva, City Manager

APPROVED AS TO FORM
By: __!'----'4,a£L4-e--L� ��'-'-'---
LESSEE:

Dated:

Livermore Flying Electrons Radio Control Club, Inc.
"a� e�.1,,{-x;.y)
By: fl al-ho
1 1,<LI a o� Sr. {_;;-w:>)
Title: :f{eS'i rlf
Exhibit A - Property
Exhibit B-1 - Amended Insurance Requirements
Exhibit C-1 -Amended Primary Lease Area Improvements
---------
Dated: 12---l l l J Z.,0';-,t/-

EXHIBIT A
36 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
} County of f\ b.M-ecAo---
On �� n, 2-021./- before me, Cori� N.entAo?tA-J
�otaN fobl;c;.

Date _ Here Insert Name and TTtle of the Officer
personally appeared _-f#Ktlt) ___ fl-+-'----'�:............:/'--M_O_t\_�-=-L �Y-"-...... l��-�---f...,_) _______ _ Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

CORINA IIIENOOZA
Notary Public • C•lifornia
San Joaquin County I Commission I 2424738
illy Comm. Expir� Nov 1, 2026
Place Notary Seal and/or Stamp Above
I certify under PENAL TY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.

WITNESS
�
offidal seal.
s;gnature �t7�
Signature of Notary Public

OPTIONAL
Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document: --------------------:;;...-::;;.._ _______ _ Document Date: __________________ ---=..-,,,:=----
Signer(s) Other Than Named Above: _____ --:::.>.,..::::;.... ____ ________ ____ _ Capacity(ies) Claimed by Signer(s)
Signer's Name: -------7""-e::::..._ ___ _
□ Corporate Officer - Title(s),,.,: """--------
□ Partner - D Limited eneral
D Individual D Attorney in Fact
□ Guardian or Conservator
Signer's Name:
□ Corporate Officer - Title(s): ______ _
□ Partner - o Limited □ General
□ Individual D Attorney in Fact
□ Trustee □ Guardian or Conservator
D Other:

Signer is Representing: _________ _
OOH a a £1 HI a II CIDOll.'00800080001'Hlfflffl:O:Offlffl0000000o:tl880:0@88 il 8 IJ lj 8) €18 8 El O o:o:o:o:Oa)a)a)888:0@:0:0:I i:s:0:11:1 I ©2019 National Notary Association

EXHIBIT A
37 EXIIlBIT A
Sheet I of 2

LEGAL DESCRIPTION

TO ACCOMPANYTHELEASE AGREEMENT

BETWEEN THE CITY AND LIVERMORE FL YING
ELECTRONS RADIO CONTROL CLUB INC.

RAYMOND ROAD MODEL AIRCRAFT FACILITY
Real Property situate in the City of Livermore, County of Alameda, State of California, being a portion of the South½ of Section 27, Township 2 South, Range 2 East, Mount Diablo Base and Meridian, as follows:

An approximately 300-foot x 900-foot, PRIMARY LEASE AREA (PLA), for the construction and maintenance of a landing and take-off surface, a dirt track for radio control cars, auto parking, chemical restroom facilities, spectator bleachers, and other facilities related to the use of remote-con trol model aircraft and cars over and upon a parcel of land described as follows:

Beginning at a point on the southern right of way line of Raymond Road (County Road No, 7959, 50 feet wide), located West, 1563 feet along said line from the East Line of the hereinabove described Section 27, said point being at the intersection of said southern line of Raymond Road with the fence marking the eastern line of said approximately 300 x 900 foot PLA; thence from said point of beginning continuing along said southern line of Raymond Road, West, 900 feet; Thence, South, 300 feet; thence, East, 600 feet; thence, North, 25 feet; thence East 300 feet; thence, North, 275 feet to the Point of Beginning.

Together with, an A VIGA TION AREA, for the flights ofModel Aircraft in the Airspace above the lands of the Avigation Area and retrieval of the Model Aircraft within the Avigation Area, described as follows:

All that certain Real Property situate on the South½ of Section 27, Township 2 South, Range 2 East, Mount Diab lo Base and Meridian, conveyed to the City of Livermore by the Grant Deed recorded August 25, 1953, in Book 7115 of Official Records at Page 369, under Series No. AH-75315, by the Grant Deed recorded December 24, 1953, in Book 7112 of Official Records at Page 417, under Series No. AH-112099 and by the Grant Deed recorded December 28, 1981, under Series No. 81-214574, Official Records of Alameda County, Containing a total of 278.06 Acres, more or less.

EXHIBIT A
38 EAST LINE SECnON 27
1:
' c:,
:,• ,:l-i I�
I• ,1
----..l.-1 --so·
Primary Lease Area

CENTERLINE OF

RAYMOND ROAD
(COUNTY ROAO 7959)
NORTH LINE S 1/2
SECTION 27
_DAGNINO ROAD
LEGEND:
� LEASEAREA
--- PROPERTYBOUNDARY
I
-25'

CITY OF LIVERMORE
AH-75315

CITY OF LIVERMORE
AH-112099
A.P.N. 902-003-03-1
A.P.N. 902-003-04-3

CITY OF LIVERMORE
81-214574
�
.ii
c:,
-·
I
I
I
-
<(
I�
<( l'\j I� 11:l ljjo
;:: � <( � � ;::j
MCST LINE SEcnoN 27 -----J'----- _L��NE STREET
COMMUNITY DEVELOPMENT DEPARTMENT • EltGINEERJNG DIVISION EXHIBIT "A"

PLAT TO ACCOMPANY DESCRIPTION
IN THE 1/2 SE.27,T25,R2E

RAYMOND ROAD MODEL AIRCRAFT FACILITY

LEASE BETWEEN FL YING ELECTRONS AND THE CITY OF LIVERMORE !!!!!:$
Sheet 2
Of 2
Scale: 1'=600'

EXHIBIT A
39 EXHIBIT B-1 AMENDED INSURANCE REQUIREMENTS
Minimum Scope and Limits of Insurance
Consultant/Contractor shall maintain limits no less than:

1. Commercial General Liability, including operations, products and completed operations, as applicable:
$2,000,000 per occurrence/$2,000,000 aggregate fo.r bodily injury, personal injury and property damage. If Commercial General Liability lns.urance or other form with a general aggregate timit 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:
$1,000,000 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 �mployers' Liability per accident, per employee for bodily injury or disease. A waiver of subrogation is required for Workers' Compensation insurance. If Consultant/Contractor is a sole proprietor, then they must sign "Contractor Release of Liability''.

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

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

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

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

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

Revised 9121/2015 B2-2M

Page 1 ends

Page 1 of 2 ends

EXHIBIT A
40 2. The limits of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. The additional insured coverage under the Consultant's/Contractor'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 volunteers.

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

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

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

7. Certificate Holder section of the insurance certificate should read: City of Livermore, 1052 S. Livermore Avenue, Livermore, CA 94550 Verification of Coverage
Consultant/Contractor shall furnish certificates of insurance and endorsement(s) effecting coverage to the City of Livermore for approval. The endorsements shall be on forms acceptable to the City of Livermore. All certificates and endorsements are to be received and approved by the City of Livermore before work commences. The City of Livermore reserves the right to require complete and certified copi.es of all insurance policies required by this Agreement.

Revised 9/21/2015 B2-2M

Page 2 ends

Page 2 of 2 ends

EXHIBIT A
41 EXH,BIT C-1

AMENDED PRIMARY LEASE AREA IMPROVEMENTS - ENLARGED SITE PLAN AN ORIGINAL LEGIBLE COPY OF THIS EXHIBIT CONSISTING OF FOUR PAG�S CAN BE FOUND ON FILE WITH THE RECORDE:D DOCUME:NT IN Tl-:IE OFFICE OF THE CITY CLERK- 1052 SOUTH LIVERMORE AVENUE., LIVERMORE CA 94550

EXHIBIT A
42 NAO_ 1983_2011 _StateP{ane_ Califomta_lll_FIPS_0403_Ft_US Information Technotogies, GIS Division, City of Livermore EXHIBIT C-1 -AMENDED PRIMARY LEASE AREA IMPROVEMENTS
Date Printe<l: 2/3/2023
Existing 8'x12' & 8'x20' steel cargo container with
storage electrical panel, storage items, fridge,
microwave, and RC plane simulator
Existing UG electrical for RC car
work stations lighting and other
race tract amenities
This map is a user generated static output from an Internet mapping site and is for reference only. Data la)'eff that appear on this map may or may not be 90CUfale, CUflent, or otherwise reliable. The City of livemlOn!I b not respoosible for mtSUSe or emn or omiukm on this map. All Information should be confirmed.

City Limits
Streel Names (0-2500)
Buildings
Street Improvements
�
Land-pe
■-□ S.O.witlk
Road Casings
1: 1,758

Page 1 of 4 ends

0 EXHIBIT A
43 I
NAD_198l_2011_StatePlane_Cailifomla_lUJIPS_0403_FLUS
lnkwmation Technok>gjes, 015 DMlion, City d Uvennore
EXHIBIT C-1 - AMENDED PRIMARY LEASE AREA IMPROVEMENTS - ENLARGED SITE PLAN Existing 8'x20' Cargo Container
with RC Plane Simulator
Date Printed: 7/22/2024
New 8'x20' Cargo Container
for new Youth RC Plane
Simulator
This map is a uset geflef'aled stalic output from an Internet mapping site and is for ref«ence or1'y. Data layers that appear on lhls map may or may oot be accorate, amenl, or oeherNlse reliable. The City of Ltvennore fs nol responsible for misuse or errors or omissions on this map. Al infonnalion should be oonmned.

Legend
0 CilyLimits
MdressPt (D-1250)
No
Yn
Street Names (0-2500}
Gott Labels
Creeks
Public Facilities 0-4500)
Pari( Names (0--4500)
School Names (0--4500)
Streets
lntittt.tale
Other Freeway Of &ptusway
........
- .....

Private Streets
Railroad
Buildings
Golf Tees end Greens
r "'-
. '"
AJrpart Stnping
-·
Perking Legends
,._ BIKEAR.AOW
• HANDICAPPED
LARROW
l-STRAR.AOW
RAAP.OW
R-SfRAR.AOW

SHI ARROW
Per1dngStrtping
Parking Lots
Airport Pavement
Lakes
Creeks Poly
Public Facilities
FnSlatlon
1: 150

Page 2 of 4 ends

0 EXHIBIT A
44 EDGE £P
Ql[QCII) ff.

DIIAIN 11Y:
01\'lf: 1/12/24
EDGE EP EXHIBIT C-1 - AMENDED PRIMARY LEASE AREA IMPROVEMENTS - DRIVEWAY _f
!I,
- -
SAIK:UT cl- GRID ro COMFORM
PER CITY STD ST-25A
r-1· AC o� s·AB)
/
..l
NEW AC DR/Lif"WA Y
,,.. AC Olif"R s·AB
AB A!:!£ SUB GRAD£
TO BE COMPACTcO 95X
/
., ..l

RAYMOND ROAD MODEL AIRCRAFT FACILTY
(DRIVEWAY IMPROVEMENT)

RAYMOND ROAD
EDGE EP_/

Page 3 of 4 ends

EXHIBIT A
45 EXHIBIT C-1 AMENDED PRIMARY LEASE AREA IMPROVEMENTS

PRIMARY LEASE AREA

1. Surfacing
a. 2"/4" AC
b. 4"ac/8"ab/95%cbase driveway entrance
c. 2x6 inch redwood hdrs
d. Gravel Parking Area
e. 6"x G"x 8' RW Bumper Stops
f. Astra Turf Material

2. Pit Area -
- - a, 8 ft Wood Structure w/sun shade material - b.120 volt GFCI power outlets c. Audio Speaker Outlets w/wiring
d. 4' x 8' wood tables
e. 4' x 4' wood tabl�s
f. Airplane Startup Stands
g. Plastic Chairs
h. Camera Boxes
i. cameras (for online viewing)

3. Fencing
a. 3 wire barbed-wire fence w/T-posts
b. 3-wire gate
c. 4' CL fe}1ce
d. 16' Swinging Gate Assembly w/lock
e. Plastic Environ Fencing w/T-posts

4. Steel "Containers"
a. 8'x12' container
b. 8'x20' container
c. Electrical Power Panel/Breaker Box - 125 Amp

5. Car Track
a. Elevated Pilot Platform - Wood
b. Viewlng Grandstand - Aluminum
c. 120 volt GFCI power outlet
d. 120 volt service to 20' container

6. Electric Service - Main
a. Service Pole w/96' service line
b. Meter Box - PG&E
c. Electrical Power Panel/Breaker Box - 100 Amp
d. 2-120 volt service to 12' container (Hooch #1)
e. 2-120 volt service to 20' container (Trafning)
f. 2-120 volt service to 20' container (BBQ Equip)

7. Miscellaneous
a. Flagpole - 45'
b. Portable Tqil��
c. Verizon Mobil Internet Connection
d. Fire Extinguisher - 5# Dry Chemical
e. Fire Extinguisher - 2.5 Gal Water
f. BBQ
g. Flat Grills
sf
sf
If
sf
ea
sf
sf
ea
ea
ea
ea
ea
ea
ea
ea
If
ea
If
ea
If
ea
ea
ea
ea
ea
ea
If
ea
ea
ea
33,500
585
121
19,785
25 21,160
-.
4,600
38 5
28 3
5 21
4 12
1,500
2 289
1 220
. -
1 4
1 1
1 1
130
1 1
1 If_ 165
If
35 If 30
ea 1
ea 1
ea 1
ea 5
ea 4
ea 1
ea 2
(New AC driveway)
(New AC driveway)
(New added 4 outlets)
(New added 1 additional container)
(New added electrical service)
(New added electrical service)
(New added grills)

Page 4 of 4 ends

EXHIBIT A
46 CITY COUNCIL STAFF REPORT
ITEM NO. 5.3

DATE:

January 13, 2025
TO:

Honorable Mayor and City Council
FROM:

Judy Erlandson, Acting Public Works Director
SUBJECT:

Resolution authorizing a second amendment to the agreement with PPWPM, Inc. to perform power washing services in the downtown corridor and other City-owned or maintained areas, increasing the not-to-exceed agreement amount from $300,000 to $575,000 and extending the term of the agreement through October 31, 2026.

RECOMMENDED ACTION

Staff recommends the City Council adopt a resolution authorizing the City Manager to execute a second amendment to the agreement with PPWPM, Inc., to perform power washing services in the downtown corridor and other City-owned or maintained areas, increasing the not-to-exceed agreement amount from $300,000 to $575,000 and extending the term of the agreement through October 31, 2026.

SUMMARY
On October 28, 2021, the City of Livermore (City) and PPWPM, Inc. entered into a General Services Agreement in the amount of $175,000 to provide power washing services in the Downtown corridor and other City-owned or maintained areas. On February 12, 2024, the City Manager executed a first amendment to the original agreement to increase the not-to-exceed amount to $275,000. This second amendment will increase the not-to-exceed amount to $575,000 for power washing to be completed in the Downtown corridor more frequently to ensure the continued cleaning of sidewalks, bluestone, seating walls, benches, and trash and recycling receptacles in these areas. PPWPM was awarded the original agreement from a Request for Proposals.

DISCUSSION
On October 28, 2021, the City and PPWPM, Inc. entered into a General Services Agreement in the amount of $175,000 with a term ending October 31, 2024, with an optional extension for one additional two-year term to provide power washing services in the downtown corridor and other City-owned or maintained areas. On February 12, 2024, the City Manager executed a first amendment to the original agreement to increase the not-to-exceed amount to $275,000.

PPWPM provides power washing in the downtown corridor and other City-owned or maintained areas. 47 Additional budget is required to increase the frequency of service from bi-weekly to weekly from May through October. Increasing the frequency of power washing of assets downtown including bluestone, sidewalks, seating walls, benches, and trash and recycling receptacles will help improve the appearance, assist downtown businesses, and promote the downtown area and City.

FISCAL AND ADMINISTRATIVE IMPACTS

This second amendment increases the not-to-exceed amount to $575,000. Sufficient funding has been budgeted in a combination of General Fund and Landscape Maintenance District fund accounts.

COMMUNITY PILLAR

5: A City That Works

GOAL

14: Develop, operate, and maintain the City’s infrastructure.

ATTACHMENTS

1. Resolution

2. Exhibit A - Second Amendment

Prepared by: Marisa Gan
Acting Public Works Manager

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING THE EXECUTION OF A SECOND AMENDMENT TO THE GENERAL SERVICES AGREEMENT WITH PPWPM, INC. FOR POWER

WASHING SERVICES TO INCREASE THE NOT-TO-EXCEED AMOUNT FROM $275,000 TO $575,000 AND TO EXTEND THE TERM THROUGH OCTOBER 31, 2026 On October 25, 2021, the City Council adopted Resolution No. 2021-177 authorizing the City Manager to execute an agreement with PPWPM, Inc. for power washing services in the downtown corridor and at other City-owned and maintained areas. The term of the agreement was for approximately three years with a not-to-exceed amount of $175,000. On October 28, 2021, the City Manager executed the agreement with PPWPM, Inc. On February 12, 2024, the City Manager executed a first amendment to the agreement, which increased the compensation by $100,000, for a total not-to- exceed amount of $275,000, and revised the scope of work.

The Maintenance Division of the Public Works Department requires additional power washing services in the downtown corridor and at City-owned and maintained areas to increase the frequency of service. As a result, the City desires to enter into a second amendment to the agreement with PPWPM, Inc. to: (1) increase the total compensation by $300,000, for a total not-to-exceed amount of $575,000; (2) revise the scope of work; and (3) extend the term of the agreement through October 31, 2026.

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 a second amendment to the general services agreement with PPWPM, Inc., attached hereto as Exhibit A, for power washing services to: (1) increase the not-to-exceed amount from $275,000 to $575,000; (2) revise the scope of work; and (3) extend the term through October 31, 2026.

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 January 13, 2025, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
49 RESOLUTION NO. ________
ATTEST: APPROVED AS TO FORM:
______________________________ /s/ Molly A. O’Toole______________ Deborah L. Elam Molly A. O’Toole
City Clerk Deputy City Attorney
Exhibit A – Second Amendment to General Services Agreement with PPWPM, Inc. 50 Amendment – General Services Page 1
Rev. 09/19/23

SECOND AMENDMENT TO AGREEMENT FOR SERVICES
T
HIS SECOND AMENDMENT is made and entered into this ____ day of ________, 2025, by and between the City of Livermore (“City”), a municipal corporation, and PPWPM, Inc. (“Contractor”), a California corporation.

RE
CITALS
On
October 28, 2021, City and Contractor entered into an agreement for Contractor to provide power washing services to City (“Original Agreement”). Section 21 of the Original Agreement requires that any modifications to it must be in writing and signed by the parties.

On
February 12, 2024 , City and Contractor executed a First Amendment to the Original Agreement to increase the total compensation amount and replace Exhibit “A” with Exhibit “A-1”.

C
ity and Contractor desire to amend the Original Agreement to: (1) increase the total not-to-exceed amount by $3 00,000 for a total not -to-exceed amount of $575,000; (2) replace Exhibit “A -1” with Exhibit “A-2”; and (3) extend the term of the Agreement through October 31, 2026. This is the second amendment to the Original Agreement AG

REEMENT
NO
W, THEREFORE, City and Contractor hereby agree that the aforementioned recitals are true and correct and further agree as follows:

1. T
he Original Agreement is amended as follows:

A. S
ection 3 of the Original Agreement is amended to read as follows:

Description of Services. Contractor shall provide power washing services as more particularly set forth in Exhibit “A-2” (collectively “the Services”).

B. S
ection 5a of the Original Agreement is amended to read as follows:

T
he total compensation payable by City to Contractor for the Services SHALL NOT EXCEED the sum of $5 75,000 (“not-to-exceed amount”). City shall compensate Contractor for the Services rendered at the hourly rates or task amounts set forth in Exhibit “A-2” up to the not -to-exceed amount.

Except as provided in the body of this Agreement, the hourly rates or task amounts are intended to be Contractor’s only compensation for the Services and is inclusive of all costs of labor, licensing, permitting, travel expenses, overhead and administrative costs, and any -and-all other costs, expenses, and charges incurred by Contractor, its agents, and employees to provide the Services.

Docusign Envelope ID: 401F6477-EC7B-442E-AA59-1DC5529CE541

EXHIBIT A
51 Amendment – General Services Page 2
Rev. 09/19/23

C. Section 6 of the Original Agreement is amended to read as follows:

Term. The term of this Agreement commences on October 26, 2021, and terminates upon the completion of the Services or October 31, 2026, whichever occurs first.

2. These amendments are prospective and only apply to the S ervices rendered by Contractor after the execution of this Amendment. Unless otherwise stated herein, this Amendment does not relieve the parties of the terms and conditions of the Original Agreement as written and in effect at the time the Services were rendered.

3. Except as amended above, the Original Agreement remains in full force and effect.

Docusign Envelope ID: 401F6477-EC7B-442E-AA59-1DC5529CE541

EXHIBIT A
52 Amendment – General Services Page 3
Rev. 09/19/23

In concurrence and witness whereof, and in recognition of the mutual consideration provided therefore, the parties have executed this Agreement effective on the date first written above.

CONTRACTOR: Dated:

____________________________ ___________________________ Brandon Cody
Operations Manager

CITY OF LIVERMORE: Dated:

____________________________ ____________________________ Marianna Marysheva
City Manager

APPROVED AS TO FORM:

___________________________
Deputy/Assistant/City Attorney

APPROVED AS TO INSURANCE:

Risk Manager/Analyst

Attachments:

Exhibit A-2 - Scope of Work

Docusign Envelope ID: 401F6477-EC7B-442E-AA59-1DC5529CE541 11/21/2024 | 11:11 AM PST

EXHIBIT A
53 Exhibit A-2
Scope of Work

PPWPM, Inc. (“Contractor”) shall provide all necessary labor, supplies, equipment, and materials to complete the following services:

1. Pressure wash all sidewalks (including bluestone), seating walls, benches, and the exterior of trash/recycle receptacles in the areas outlined in the maps included in Exhibit C, as well as at the areas listed in the table below.

2. As-needed post-event clean-up as requested by the Project Manager.

Requirements

1. C ontractor must furnish the Project Manager with a monthly pressuring washing schedule at least one week before the start of each month.

2. Services must be completed on no more than two nights per week.

3. Contractor shall deliver all invoices via email to maintenance- [email protected].

Cleaning Areas
As depicted in Exhibit C and at the following locations:

First St. between M St. to Maple
Veteran's Wav
Parking Garage Entrance/Exit and Rear
of Parking Garage at Train Landing
Lizzie Fountain Area
J St. from First to Second St.

K St. from First to Second St.

All areas will be serviced once per month November through April and twice a month May through October.

First St only, M St to Maple, will be serviced twice a month May through October on weeks that all areas are not being serviced.

Terms

1. This Agreement does not obligate the City to any particular amount of work to be completed by Contractor.

2. City reserves the right to halt work at any time for noncompliance with this Agreement, or unsafe work conditions or practices.

Docusign Envelope ID: 401F6477-EC7B-442E-AA59-1DC5529CE541

EXHIBIT A
54 Compensation

Monthly Total
Monthly Service $11,118.34
Hourly Rate
Additional Services as Needed $105.00

The monthly service rate is a flat fee and is inclusive of all costs associated with the services, including travel to and from the service location. The additional services rate is an hourly rate and may be billed portal to portal.

Docusign Envelope ID: 401F6477-EC7B-442E-AA59-1DC5529CE541

EXHIBIT A
55 CITY COUNCIL STAFF REPORT
ITEM NO. 5.4

DATE:

January 13, 2025
TO:

Honorable Mayor and City Council
FROM:

Brandon Cardwell, Innovation and Economic Development Director SUBJECT:

Resolution accepting the Livermore Valley Arts Annual Report for Fiscal Year 2023- 2024.

RECOMMENDED ACTION

Staff recommends the City Council adopt a resolution accepting the Livermore Valley Arts Annual Report for Fiscal Year 2023-2024.

SUMMARY
The City of Livermore's Sublease and Operating Agreement with the Livermore Valley Performing Arts Center (known as Livermore Valley Arts) requires an annual report. Staff recommends the City Council adopt a resolution to accept the Livermore Valley Arts Annual Report for Fiscal Year 2023-2024.

DISCUSSION
The City of Livermore's Sublease and Operating Agreement with the Livermore Valley Performing Arts Center (known as Livermore Valley Arts) establishes the terms and conditions for which the Livermore Valley Arts may lease the Bankhead from the City and continue operating the Bankhead as a community theater. The document includes many standards and measures to facilitate the stability of the organization, financial sustainability, regular reporting to the public, and operating criteria to meet the community's expectations for a variety of high-quality performances and events. Consistent with the requirements of the Sublease and Operating Agreement, an annual report is attached (Exhibit A) for City Council to receive. Staff recommends the City Council adopt a resolution accepting the Livermore Valley Arts Annual Report for Fiscal Year 2023-2024.

FISCAL AND ADMINISTRATIVE IMPACTS

There are no administrative or fiscal impacts to receiving the report.

COMMUNITY PILLAR

56 4: Inclusive and Inviting Spaces and Places

GOAL

1: Sense of Place

ATTACHMENTS

1. Resolution

2. Exhibit A - Livermore Valley Arts Annual Report FY 2023-2024

Prepared by: Theresa de la Vega
Management Analyst II

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION ACCEPTING THE ANNUAL REPORT FROM LIVERMORE VALLEY

ARTS (FORMERLY KNOW AS LIVERMORE VALLEY PERFORMING ARTS CENTER) FOR FISCAL YEAR 2023-2024
The terms and conditions of the City of Livermore’s Sublease and Operating Agreement for the Bankhead Theater requires Livermore Valley Arts (formerly, Livermore Valley Performing Arts Center) to provide an annual report of its accomplishments during the previous year to the City and to describe the organization’s goals for the upcoming year. Attached is a copy of the Livermore Valley Arts Annual Report for Fiscal Year 2023- 2024 (Exhibit A).

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that it hereby accepts Livermore Valley Arts’ Annual Report for Fiscal Year 2023-2024 attached to this resolution.

On motion of Council Member _____________________, seconded by Council Member _____________________, the foregoing resolution was passed and adopted on January 13, 2025, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Jason R. Alcala
Deborah L. Elam Jason R. Alcala
City Clerk City Attorney
Exhibit A – Livermore Valley Arts Annual Report for Fiscal Year 2023-2024 58 2023
2024

ANNUAL REPORT

EXHIBIT A
59 Table of
Contents

BY THE NUMBERS

A MESSAGE FROM THE CEO
ENGAGE
PAGE 3
PAGE 4

INSPIRE

FINANCIAL HIGHLIGHTS
ENRICH

CORE VALUES
PAGE 6
PAGE 8
PAGE 10
PAGE 12
PAGE 15

EXHIBIT A
60 Visitors to community events,
including ArtWalk, UNCLE
Credit Union Art Gallery,
among others
96% annual growth
First Time Visitors
Member
Households
8% annual growth
Patrons served
22% annual growth
32 27,795
1,141
88,229
18,994
Bankhead Presents
Performances
30 39
80 11,998
4,024
Social Media Followers
39 123
12,070
238,000
16,298

BY THE NUMBERS
Episodes of the
Beyond the Stage
Podcast
Sold Out
Performances
40% annual growth
Resident Company
Performances
Students served
through
performances,
classes, & camps
Attendees to our
8 Cultural
Celebrations
45% annual growth
Volunteer Hours
worked
Active Website
Users
35% annual growth
Visiting Company
Performances
Articles in the Press

Page 3 ends

EXHIBIT A
61 A MESSAGE FROM THE CEO
One of the many enjoyable elements of my work is when we interview artists coming to The Bankhead for our podcast, “Beyond the Stage at Livermore Valley Arts.” Our Marketing Director, Ruth Egherman, and I have talked to some remarkably talented and creative people for the podcast like Jake Shimabukuro, Keiko Matsui, Efren Ramirez from “Napoleon Dynamite,” John Ondrasik from Five for Fighting, the founder of Oakland Interfaith Gospel Choir, Terrance Kelly, The Four Freshmen, Lindsay Deutsch of Take 3, and Kari Byron from “Mythbusters.” I often ask them about their creative process and what advice they might have for others. Everyone seems to have a different answer, but all are good answers.

Our most recent interview was with JD Souther, who was integral in the Laurel Canyon music scene back in the 70s and has written and co-written a large number of classic songs by the Eagles, Linda Rondstadt, and James Taylor. He even had several hits of his own. He was scheduled to perform at The Bankhead on Sept. 27, but we were struck with the sad news of his passing just one week before the show. This was one concert in particular that I was truly looking forward to, especially after talking to him about his life and music. In the interview, I asked him about his own creative process and he simply said that it was a mystery. Sometimes he would sit at his desk and nothing would happen, while other times ideas simply poured out.

He did have one piece of wisdom that really resonated though. JD said that the hardest part about writing a song is ensuring that every element is as strong as the beginning. That is where the great ideas start, at the beginning. Then the question becomes, “How do you keep it going?” I believe the same is true with Livermore Valley Arts. We are now 17 years into our journey at The Bankhead. We have grown and changed over time, and have aspired not only to continue just as strongly as that opening day, but also to grow and get even better. How can we ensure a good life if we are not always aspiring to become the best version of ourselves?
To that end, at Livermore Valley Arts we chose this last year to expand our mission statement with two new words, which now reads: “The mission is to offer a broad range of arts opportunities and experiences to engage, enrich, and inspire our diverse community.” Taking additional steps beyond simply engaging our community to enrich and inspire the lives of everyone we connect with speaks to our continuing effort to become the best version of ourselves.

Thank you for taking the time to learn more about Livermore Valley Arts and the work we are doing to enhance the lives of the people we serve. Most of all, thank you for your support.

Chris Carter
Chief Executive Officer
Chris Carter

Page 4 ends

EXHIBIT A
62 Efren Ramirez
Kari Byron
BEYOND
THE
STAGE

PODCAST
Lindsey Deutsch of Take 3

Page 5 ends

EXHIBIT A
63 Award-winning storyteller,
Bil Lepp, at the
Stage Door Lounge
ENGAGE
Engaging With New Spaces
Stage Door Lounge creates an up close and personal experience on the Bankhead Stage where performers and the audience share the same space
ComicCon Livermore brought in nearly 4,000 people to Downtown Livermore Engaging With Community Partners
Bobby McFerrin and Valley Concert Chorale shared the stage in September of 2023 ‘Ballerina Boys’ received a free filming at the Livermore Public Library in advance of the Les Ballets Trockadero de Monte Carlo performance in January American Ballet Theatre Studio Company held a special master class with resident company Valley Dance Theatre
Pride Anthems launched Pride Month and Faith Alpher’s ‘More Than a Song’ celebrated Juneteenth at The Bankhead
We are part of our greater Tri-Valley community
here at LVA, and we strive to involve and
welcome ‘into the family’ all members of our
beautiful, multi-faceted region. All of these
events worked to bring individuals and audiences
together, to spark excitement and ENGAGE in a
collective sense of community.

Page 6 ends

EXHIBIT A
64 Engaging With Resident Companies
The Marketing Department conducted free workshops on marketing, printing, and social media for LVA resident companies
LVA worked with Community Health and Education Foundation (CHEF) to set up a fund to provide scholarships in arts education and lower costs for resident companies CYT Tri-Valley (Christian Youth Theater) joined the Livermore Valley Arts roster of resident companies

Page 7 ends

EXHIBIT A
65 ENRICH
Enrichment Through Cultural Experiences
LVA partnered with Cheza Nami Foundation and Livermore Filipino American Organization for the 5th annual Weekend of Culture with over 8,500 people in attendance Pride Fest returned to the Bankhead Plaza where LVA partnered with Livermore Pride celebrating love with over 1,000 people in attendance
LVA partnered with the Shiva-Vishnu Temple Hindu Community and Cultural Center for the biggest Diwali Celebration yet with approximately 4,000 people in attendance LVA was pleased to work with Mony Nop Real Estate and Barang Films on their presentation of the documentary ‘Elvis of Cambodia,’ welcoming and engaging the Cambodian population in the Bay Area
Enrichment Through The Visual Arts
ArtWalk grew in size and LVA was able to close First Street for the first time to allow for more space for both artists and visitors
There were 159 artists and vendors registered for over $9,700 in revenue from registrations alone More than 6,500 visitors came into Downtown Livermore from all over the Bay Area The Bothwell Arts Center is home to 20 studio artists and growing The Arts ENRICH us all, bring us together as a
community, improve our overall well-being and
quality of life, and improve our healthcare while
contributing to our healing. And the Arts
ENRICH and strengthen our local economy.

Asian American Club from Granada High School representing at the AANHPI Celebration Asian American Club from Granada High School representing at the AANHPI Celebration

Page 8 ends

EXHIBIT A
66 Art Camps at
The Bothwell Arts Center
Art Camps at
The Bothwell Arts Center
Enrichment Through Learning
LVA operates 6 weeks of art camps throughout the year for kids ages 6-15, enriching the lives of over 200 Tri-Valley youths
The Tri-Valley community participated in 8 different types of art classes and workshops with everything from Jewelry Making to Comedy to Art History, along with special art classes the whole family can take together
The Bothwell Arts Center is home to 20 studio artists and growing LVA school shows with Ballet Folklorico Mexicano de Carlos Moreno and “History That Doesn’t Suck”
Enrichment Through Performance
In February 2024, East Bay Jazz (EBJ) kicked off their season with a workshop with JazzReach that culminated in a performance with the Metta Quintet on the Bankhead Stage The 21 students who were selected to be a part of EBJ performed at 9 concerts throughout the Bay Area
EBJ’s students come from schools all over the East Bay including: Monte Vista, Amador Valley, Foothill, Miramonte, Valley View Charter Prep, Dublin, San Leandro, Concord, Dougherty Valley, De La Salle, Moreau Catholic, Mt. Eden, Northgate, and California HS

Page 9 ends

EXHIBIT A
67 INSPIRE
“... I love art for art's sake but Livermore Valley
Arts also understands the importance of art for
the community's sake. We all need food and
shelter to survive, but it's art that saves us, and
sometimes even wipes the dust away from the
soul. Thank you, Livermore Valley Arts, for
healing the world one piece of art at a time.”
John Bost, Executive Director Vineyard Resource Center
Insipiration From Our Community
LVA presented An Evening with Kim Budil, Director of Lawrence Livermore National Laboratory LVA Participated in National Denim Day as part of Sexual Assault Awareness Month Tri-Valley NonProfit Alliance hosted their annual Power of Giving event at The Bankhead in which Livermore Valley Arts received the “Impact Maker” Award in Arts & Culture LVA curated the artwork that now hangs in the Vineyard Resource Center in Livermore; a collaboration of Open Heart Kitchen and Housing Consortium of the East Bay to deliver permanent-supportive housing, nutritious meals, overnight shelter, free showers, free laundry, and a full complement of local service providers onsite each week LVA curated the art that adorns the walls at the Vineyard Resource Center The Bankhead
drenched in blue for
National Denim Day

Page 10 ends

EXHIBIT A
68 Inspiration Through Representation
Five for Fighting with String Quartet inspired us to remember our veterans and active military, while also keeping in mind those in Ukraine who are casualties of war Funny Women of A Certain Age inspired us to continue to reach for our dreams no matter our age Henry Winkler inspired us through his story telling reminding us that we can’t let our disabilities define us
Cross That River, Oakland Interfaith Gospel Choir, and Les Ballet Trockadero de Monte Carlo allowed us to see ourselves on stage
Inspiration Through Giving
Brilliance at The Bankhead starring Jason Alexander provided a record-breaking fundraising, over $678,000 raised for the Arts and Arts Education
In June of 2024, in memory of Ron Koopman, Jo Ann Koopman started the Ron and Jo Ann Koopman Piano Fund supporting the ongoing care of LVA’s 4 pianos used by artists Henry Winkler live on
the Bankhead Stage
Jason Alexander performs
with the Livermore-Amador Symphony at
Brilliance at The Bankhead

Page 11 ends

EXHIBIT A
69 FINANCIAL HIGHLIGHTS
Over the last three fiscal years, we have seen dramatic increases in ticket sales and overall earned revenue with 2023-2024 being no exception. Livermore Valley Arts saw an increase in earned revenue of more than 26% from the prior year with ticket sales hitting their highest mark in history. We also expanded our investment in programming with an 8% increase in programming expenses.
2017-18 2018-19 2020-21 2022-23 2023-24
$0
$500,000
$1,000,000
$1,500,000
$2,000,000
$2,500,000
$3,000,000
EARNED REVENUE COMPARISON*
*2019-2020 (The Covid season) was deliberately left off

Page 12 ends

EXHIBIT A
70 2018-19 2019-2020 2020-21 2021-22 2022-23 2023-24
0 200
400
600
800
1000
1200

MEMBERSHIP COMPARISON
We are continuing to see a year-to-year increase in membership that has steadily climbed now to nearly 1,200 member households by the end of the fiscal year. Even though membership was at an all-time high, total contributions dropped from the last year due to a decrease in government grants and funding that primarily focused on Covid recovery.

Individual donations increased from the previous year, and there were several bright spots for contributions including a $100,000 commitment launching the newly named Ron and Jo Ann Koopman Family Piano Fund.

Page 13 ends

CONTINUED

EXHIBIT A
71 2023-2024 Expenses
$4,169,278*
Programming: 77%
Fundraising:
8%
Administrative:
15%
2023-2024 Income
$3,687,058*
Earned
Revenue: 60% Contributed
Revenue: 35%
In Kind
Revenue: 5%
*At the time of the publishing of this report, these numbers remain unaudited.

Page 14 ends

EXHIBIT A
72

Page 15 ends

PASSION FOR THE ARTS
LVA seeks to employ a team of dedicated arts professionals to fulfill our mission, vision, and values and share our passion for the Arts with our patrons and the community.

EXCELLENCE
LVA strives to present excellence in all genres and forms of arts and through all aspects of our operations.

COLLABORATION
LVA endeavors to maximize the cultural arts offerings to the community through collaboration with local, regional, and national organizations, non-profits, businesses, government, schools, and colleges.

WELCOMING/ACCESSIBLE
LVA aims to create a sense of belonging and accessibility where the entire community, whether a patron, an artist, a performer, a member of the staff, or a volunteer, feels welcome and supported. Shared Arts experiences help people feel more connected and compassionate.

CREATIVITY
LVA works to inspire creativity in our work, on stage, and through our exhibits.

Exposure to the Arts can inspire people to think differently and, therefore, creatively.

BREADTH/DEPTH
LVA aspires to provide patrons with both a depth and breadth of experience in the Arts.

INTEGRITY
LVA commits to integrity and transparency in all aspects of our organization.

LIVERMORE VALLEY ARTS CORE VALUES

EXHIBIT A
73 LIVERMORE VALLEY ARTS
2400 FIRST STREET
LIVERMORE, CA 94550
925.373.6100
BOX OFFICE 925.373.6800
LivermoreArts.org
Tax ID # 68-0419182
The mission of Livermore Valley Arts is to offer a
broad range of arts opportunities and experiences
to engage, enrich, and inspire our diverse community.

EXECUTIVE OFFICERS
Denise Watkins, Chair
Leland Younker, Ph.D, Vice Chair
Henry (Hank) Huff, Treasurer
Jean Shuler, Secretary

DIRECTORS
Dr. Kelly Bowers
Norman Burkhard
Kelly Cousins, Ph.D.

Dona L. Crawford
Judge Mark Eaton
Dr. Dyrell Foster
Jeff Kaskey
Jean King
Layne Marceau
Catherine Ndungu-Case
Joan K. Seppala
Mark Triska
Dr. Michael S. Weiner
Philip R. Wente

EMERITUS
Michael Bocchicchio
Phillip N. Dean
Patrick Kernan
Dr. Mortimer Mendelsohn
Thomas Reitter
Donna Wilcox

HONORARY ARTS COMMISSION
Jack Campbell
Natalia Custodio
Brian Gentry
David and Valerie Jonas
Dwight and Marianne Lang
Anna Lim
Mony Nop
Linda Tinney
Elizabeth Trutner
Lara Webber

LIVERMORE VALLEY ARTS LEADERSHIP TEAM
Chris Carter, Chief Executive Officer
Reanna Bradford, Chief Financial Officer
Ruth Egherman, Director of Marketing
Eric Johnson, Director of Operations
Brittany Mulgrew, Director of Development
Anne Giancola, Education & Visual Arts Manager

EXHIBIT A
74 CITY COUNCIL STAFF REPORT
ITEM NO. 5.5

DATE:

January 13, 2025
TO:

Honorable Mayor and City Council
FROM:

Brent Smith, Community Development Director
SUBJECT:

Resolution authorizing a supplemental appropriation in the amount of $450,000 in FY 2024-25 and awarding a construction contract with Westside Landscape & Concrete, Inc. in an amount not-to-exceed $335,204 for the construction of the Holmes Street Decorative Fence Replacement West Side from Catalina Drive to El Caminito Project PB200654.

RECOMMENDED ACTION

Staff recommends City Council adopt a resolution:
1 .

Authorizing a supplemental appropriation from General Fund Existing Asset Maintenance and Repair Reserves (Fund100) in the amount of $450,000 in FY 2024-25 to fund project PB200654; 2 .

Awarding a construction contract to Westside Landscape & Concrete, Inc., in an amount not-to- exceed $335,204, and authorizing the City Manager to sign the contract (Exhibit A); 3 .

Rejecting all other bids or proposals; and
4 .

SUMMARY
The Holmes Street Decorative Fence Replacement West Side from Catalina Drive to El Caminito Project will replace approximately 1400 lineal feet of deteriorated wood stake fence on the west side of Holmes Street from Catalina Drive to El Caminito as seen in Attachment 1 - Vicinity Map. This project will help improve aesthetics along a major arterial and gateway into the City.

Three bids were received for this project on September 24, 2024. Staff recommends the City Council award and authorize a construction contract with Westside Landscape & Concrete, Inc., the lowest responsible and responsive bidder, and authorize the City Manager to sign the construction contract.

DISCUSSION
75 Holmes Street is a major roadway that provides access to residential and commercial areas of the City of Livermore and ultimately the downtown area. Holmes Street carries a major portion of daily traffic from Interstate 680 via Vallecitos Road which transitions to Holmes Street around Wetmore Road. Multiple single-family developments have been developed along the Holmes Street corridor with lots backing onto the roadway. Decorative concrete walls and wooden fences were constructed as a privacy barrier along the right of way. Many of the decorative walls and fences built along the lots backing Holmes Street are more than 60 years old and are past their service life. Concrete walls and wood fences built over half a century ago are in various levels of conditions and some need replacement. In an effort to maintain the security and privacy of private homeowners that back onto Holmes Street and improve the experience of those traveling the corridor, the City has undertaken projects to replace the deteriorated decorative fences and walls in this corridor.

Holmes Street: Hampton to Concannon - Pilot Project:

The City successfully undertook the removal and replacement of approximately 1,500 lineal feet of the original 60-year-old masonry wall from Hampton Road to Concannon Avenue from 2020-2022. The wall was replaced with an 8’ high redwood fence greatly improving the privacy and safety of residents. This was originally a public wall but reconstructed on the property line and converted to a private fence shifting maintenance from the City to the adjoining property owners. A higher fence was incorporated here since homes were situated 5-10’ above the roadway. The proposed fence for the current project will have a similar appearance but will be 7’ high since the relationship between the roadway and the homes is reversed, with homes lower than the roadway.

Holmes Street: Paris Street to Vancouver Way- Slope Cleanup:

The City undertook the cleanup of the area on the east side of Holmes Street from Paris Way to Vancouver Way in two phases in 2023. This project included removal of the deteriorated wooden fence, brick pilasters and slope debris. The project greatly improved the safety and appearance of the slope along this segment of Holmes Street.

The decorative fence being replaced by the current project was originally constructed in 1959, consisting of brick pilasters and redwood slats and is long past its service life. The deterioration has caused several property owners to build secondary fences adjacent to the original fence creating a mix of inconsistent replacements and temporary repairs.

Staff advertised the project on August 27, 2024 with a bid opening of September 24, 2024. The City received 3 bids for the Project. The lowest responsible and responsive bidder was Westside Landscape & Concrete Inc. Westside Landscape & Concrete are a reputable construction company based in Newman, California and have worked on various fencing and playground projects for the Pleasanton Unified School District and the Merced Irrigation District. Staff has checked references for Westside Landscape & Concrete Inc. and has found them satisfactory. In accordance with Livermore Municipal Code Section 2.68.590, Change Order authorization of $200,000 is allowed.

Contractor
Location
Bid Amount
WestSide Landscape & Concrete
Newman
$335,204
All Commercial Fence Inc.

Oakdale
$373,900
Marshall Bros Enterprises
Livermore
$441,931
76 Engineer's Estimate

$400,000

Staff is currently working with the individual property owners in the area to discuss the project and obtain rights of entry for construction access. The Right of Entry specifies that all future maintenance of the newly installed property-line fence will be the responsibility of the private property owner.

Although it is
not anticipated that the City will receive resistance to the project, if a property owner fails to sign and return the provided Right of Entry after multiple attempts by City staff, an abatement action will be pursued by the City's Neighborhood Preservation Department for compliance. In the event of an abatement action, the City will make the improvements using the City’s contractor after notifying the property owner of the abatement action and allowing the appropriate time for response. An abatement action has not been required in any of the previous Holmes Street projects.

FISCAL AND ADMINISTRATIVE IMPACTS

Project 2006-54 is included in FY 2023-2028 Capital Improvement Plan. In FY 2023-24, $100,000 in General Funds (Fund 100) was appropriated to the project for the Paris Street to Vancouver Way - Slope Cleanup. An additional supplemental appropriation of $450,000 from the General Fund Existing Asset Maintenance and Repair Reserve in FY 2024-25 is now required to fund this construction contract, change order allowance, inspection, and project management.

COMMUNITY PILLAR

5: A City that Works

GOAL

14: Develop, operate, and maintain the City's infrastructure

ATTACHMENTS

1. Vicinity Map

2. Resolution

3. Exhibit A - Agreement

Prepared by: Christopher Ferrel
Associate Civil Engineer

Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
77 Vicinity Map
This map is based on City of Livermore GIS
Information and reflects the most current information
at the time of this printing. The map is intended for
reference purposes only and the City and its staff is
not responsible for errors.
2,400Livermore IT, GIS Services
400.0
1:NAD_1983_2011_StatePlane_California_III_FIPS_0403_Ft_US 200.00 Feet400.00
11/6/2024 1:37:36
PM
Prepared:

Notes:

Scale:

ATTACHMENT 1
78 RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING A SUPPLEMENTAL APPROPRIATION
OF FUND 100 (GENERAL FUND) IN THE AMOUNT OF $450,000 IN FY 2024-25 AND AWARDING A CONSTRUCTION CONTRACT WITH

WESTSIDE LANDSCAPE & CONCRETE INC, IN AN AMOUNT NOT-TO- EXCEED $335,204, FOR THE CONSTRUCTION OF THE HOLMES

STREET DECORATIVE FENCE REPLACEMENT FROM CATALINA

DRIVE TO EL CAMINITO
(Decorative Wall Replacement – Citywide, Holmes Street Decorative Fence Replacement West Side from Catalina Drive to El Caminito Project 2006-54) The Holmes Street Decorative Fence Replacement Project is located on Holmes Street on the west side from Catalina Drive to El Caminito and will consist of replacing 1,400 lineal feet of existing decorative fence. The existing backing-lot fence was constructed in 1959 and is well past its service life. The deterioration has caused several property owners to build secondary fences adjacent to the original fence creating a mix of inconsistent replacements and temporary repairs. Holmes Street is a major roadway that provides access to residential and commercial areas of the City of Livermore and ultimately the downtown area. Holmes Street carries a major portion of daily traffic from Interstate 680 via Vallecitos Road which transitions to Holmes Street around Wetmore Road. Replacing this deteriorated fence will improve the experience of those traveling this gateway corridor into the City of Livermore and is therefore a public benefit.

The City of Livermore advertised on August 27, 2024, and opened bids on September 24, 2024, for Construction of the Decorative Wall Replacement – Citywide, Holmes Street Decorative Fence Replacement West Side from Catalina Drive to El Caminito Project 2006-54 ("Project").

City staff recommends awarding the project to Westside Landscape & Concrete Inc., the lowest responsible and responsive bidder for the Project, and authorize the City Manager to sign the agreement.

A supplemental appropriation of $450,000 in General Funds (Fund 100) in FY 2024-25 is now required to fund this construction contract, change order allowance, inspection, and project management.

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

1. Authorizes a supplemental appropriation of the General Fund Existing Asset Maintenance and Repair Reserve (Fund 100) in the amount of $450,000 in FY 2024-25;
79 RESOLUTION NO. ________

2. Awards a construction contract to Westside Landscape & Concrete Inc, in an amount not-to-exceed $335,204, and also authorizes the City Manager to sign the contract attached as Exhibit A which is incorporated by this reference to the resolution;

3. Rejects all other bids or proposals; and

4. Authorizes the City Manager 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 January 13, 2025, 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
City Clerk Assistant City Attorney
Exhibit A- Construction Contract with Westside Landscape & Concrete Inc. 80 EXHIBIT A
81 EXHIBIT A
82 EXHIBIT A
83 EXHIBIT A
84 EXHIBIT A
85 CITY COUNCIL STAFF REPORT
ITEM NO. 6.1

DATE:

January 13, 2025
TO:

Honorable Mayor and City Council
FROM:

Brent Smith, Community Development Director
SUBJECT:

Hearing to consider a request to change the street name on a portion of East Vallecitos Road. The new name will be East Vineyard Avenue. New street numbers and the new street name will be issued to four parcels for the purpose of improving emergency response time and delivery service to those residents along the portion of the subject street.

RECOMMENDED ACTION

SUMMARY
Street name changes require public hearings by the Planning Commission and City Council, according to City Council Resolution 372-91 (Attachment 3). On November 19, 2024, the Planning Commission reviewed the proposal and recommended approval of the street name change. The change will improve emergency response time and delivery service to those residents along the portion of the subject street.

New street numbers will be issued by the US Postal Service, upon the city's recommendation, to the four affected parcels.

DISCUSSION

PROJECT DESCRIPTION

An approximately one-mile portion of private road situated north of Kalthoff Common, south of Wetmore Road, and east of East Vallecitos Road is proposed to be formally renamed from East Vallecitos Road to East Vineyard Avenue (Attachments 1 and 2). This portion of the road is also informally called Foley Road by some local residents and that name appears on the City's Geographic Information Systems (GIS) database. The new street name, East Vineyard Avenue, was chosen as a logical continuation of the road from East Vineyard Avenue to the portion of the street in question. Residents have noted that there has been difficulty with first responders and delivery services locating their homes. The proposed 86 change will help improve emergency response time and delivery service. Letters of support (Attachment 4) have been received from residents and the Livermore-Pleasanton Fire Department. The Fire Department supports the change because it will improve emergency response. This road will remain as a privately maintained road after the name change.

PLANNING COMMISSION

On November 19, 2024, The Planning Commission voted unanimously to approve the street name change. The Staff Analysis is contained in the Planning Commission Staff Report (Attachment 5). Staff has made minor changes (as shown in strikethrough and underline) to the table below since the Planning Commission's approval. The first change was to the street number for 203 E. Vallecitos Road. That address is proposed to be 878 instead of 876 E. Vineyard. The second change was to remove 51 E.

Vallecitos Road from the list of proposed address changes because that parcel is accessed from East Vallecitos Road and has no access to the road that is being changed to East Vineyard Avenue.

Below is a table with the Assessor's Parcel Number (APN), current address, and proposed addresses of the affected properties within the city limits:

APN
Current Address
Proposed Address
99-1343-23
225 E. Vallecitos Road
898 E. Vineyard Avenue
99-1343-22
247 E. Vallecitos Road
884 E. Vineyard Avenue
99-1343-25
203 E. Vallecitos Road
876

878
E. Vineyard Avenue
99-1343-24
51 E. Vallecitos Road
862 E. Vineyard Avenue
99-1354-3
651 E. Vallecitos Road
883 E. Vineyard Avenue
99-1354-4-1
None (Foley Road)
None (E. Vineyard Avenue)

ENVIRONMENTAL DETERMINATION
This project is Exempt under the provisions of the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15061(b)(3), which states that the activity is covered by the common sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA (Attachment 6).

FISCAL AND ADMINISTRATIVE IMPACTS

The fiscal impact will be minimal and consists of staff time to contact the above-mentioned entities and update the City's Geographic Information System.

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. 87 ATTACHMENTS

1. Location Map

2. Detailed Map of Proposed Changes

3. Street Naming Policy

4. Letters of Support

5. Planning Commission Staff Report

6. Resolution - CEQA

7. Exhibit A - Planning Commission CEQA Resolution

8. Resolution - Project

9. Exhibit A - Planning Commission Project Resolution

Prepared by: Jennifer Ackerman
Associate Planner

Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
88 Location Map
This map is based on City of Livermore GIS
Information and reflects the most current information
at the time of this printing. The map is intended for
reference purposes only and the City and its staff is
not responsible for errors.
8,000Livermore IT, GIS Services
1,333.3
1:NAD_1983_2011_StatePlane_California_III_FIPS_0403_Ft_US 666.67 Feet1,333.30
12/16/2024
10:08:48 AM
Prepared:

Notes:

Scale:

ATTACHMENT 1
89 ATTACHMENT 2
90 ATTACHMENT 3
91 ATTACHMENT 3
92 ATTACHMENT 3
93 ATTACHMENT 3
94 ATTACHMENT 3
95 ATTACHMENT 3
96 ATTACHMENT 4
97 98
ATTACHMENT 4
99 PLANNING COMMISSION STAFF REPORT ITEM NO. 5.1
DATE: November 19, 2024
TO: Chairperson and Members of the Planning Commission
FROM: Steve Riley, Planning Manager
SUBJECT: Hearing to consider a request to change the street name on a portion of East Vallecitos Road. The new name will be East Vineyard Avenue. New street numbers and the new street name will be issued to five parcels for the purpose of improving emergency response time and delivery service to those residents along the portion of the subject street.

ECOMMENDED ACTION
S
taff recommends the Planning Commission:

1. Adopt a resolution recommending the City Council find that the project is exempt under CEQA Guidelines 15061(b)(3);

2. Adopt a resolution recommending the City Council approve Matters Initiated by Staff (MIS) 24-001; and

3. Instruct the Planning Manager to file a Notice of Exemption with the Alameda County Recorder's Office.

SUMMARY
To improve emergency response time and delivery service to those residents along the portion of the subject street, staff recommends the Planning Commission adopt a resolution recommending the City Council approve the request to change the street name on a portion of East Vallecitos Road. The new name will be East Vineyard Avenue and new street numbers will be issued to the five affected parcels (Attachments 1 and 2).

DISCUSSION

PROJECT DESCRIPTION
A
n approximately one-mile portion of private road situated north of Kalthoff Common, south of Wetmore Road, and east of East Vallecitos Road is proposed to be formally renamed from East Vallecitos Road (it is also informally called Foley Road by some people) to East Vineyard Avenue. The new street name was chosen as a logical continuation from East Vineyard Avenue to the portion of the street in question.

Residents have noted that emergency and routine delivery services have difficulty locating their homes.

ATTACHMENT 5
100
The change will help improve emergency response time and delivery service. This road will remain as a privately maintained road, even after the name change.

PROJECT SITE CONTEXT

The subject road is adjacent to several parcels with different General Plan and Zoning Designations.

Beginning at the intersection of East Vallecitos, then traveling east, and ending approximately one mile to the south to the water treatment plant, the General Plan and Zoning Designations along the road allows rural residential land uses. Those uses will not change with this street name change.

STAFF ANALYSIS

In September of this year, staff mailed outreach letters to the owners of the parcels surrounding the portion of the street in question. The outreach letter explained the need for the renaming and the current and proposed street name change and address number changes. Staff received two comments from property owners and one from the Livermore-Pleasanton Fire Department in favor of the change (Attachment 4).

According to City Council Resolution 372-91, which was approved by the City Council on October 7, 1991 (Attachment 3), the City Council may approve a street name change after public hearings by the Planning Commission and City Council. The street name change must be consistent with the policies established in Resolution 372-91, which outlines the City's Method and Manner for the Naming of Future Streets. The approval must be based upon the recommendation of the Planning Commission, staff, and findings shown in the attached Project Resolution (Attachment 5).

The property owners of the addresses below and any others within a 300-foot radius of these properties received a public hearing notice 10 days before the Planning Commission hearing date, and will also receive a public hearing notice prior to the City Council hearing date.

Below is a table with the Assessor Parcel Number (APN), current address, and proposed addresses of the affected properties within the city limits:

APN Current Address Proposed Address
99-1343-23 225 E. Vallecitos Road 898 E. Vineyard Avenue 99-1343-22 247 E. Vallecitos Road 884 E. Vineyard Avenue 99-1343-25 203 E. Vallecitos Road 876 E. Vineyard Avenue 99-1343-24 51 E. Vallecitos Road 862 E. Vineyard Avenue 99-1354-3 651 E. Vallecitos Road 883 E. Vineyard Avenue 99-1354-4-1
None (Foley Road) please note
that Foley Road is named only on
deeds and no section of the
subject road is physically named
Foley.

None (E. Vineyard Avenue)

The property at 801 E. Vineyard Avenue (private residence) and 901 E. Vineyard Avenue (water treatment facility) are in the Alameda County's jurisdiction, not within the city limits, and are already physically identified as East Vineyard Avenue addresses. The property at 607 and 609 East Vallecitos Road (at the intersection of Vallecitos Road and what will be East Vineyard Avenue) is also in Alameda ATTACHMENT 5
101
County's jurisdiction and would have to formally change their address through Alameda County if they choose.

Staff has reviewed the proposed street name change and has found it to be consistent with the policies established in Resolution 372-91 and with the City's General Plan's Land Use and Circulation Elements.

The proposed changes are also consistent with current zoning along adjacent parcels. In approving the street name change, which will better reflect the surrounding built environment, there will not be adverse effects on the abutting or neighboring properties.

If approved, and after the portion of the road in question is officially renamed by the City, the property owners will need to notify their business, utility, and personal contacts that the address has changed.

There will be no fee charged by the City to property owners for the street name change. The City will suggest edits to Google Maps and the City will notify the following entities that the change is occurring:

US Post Office
UPS
Zone 7 Water Agency
Cal Water Agency
Livermore Police/Dispatch
Livermore-Pleasanton Fire Department
Alameda County Fire
Alameda County Assessor’s Office
Registrar of Voters
Comcast Communications
PG&E
AT&T
Livermore Valley Joint Unified School District
Livermore Sanitation
Owner of 99-1343-24 (property in subarea 7 of the South Livermore Area Specific Plan)

ENVIRONMENTAL DETERMINATION

This project is Exempt under the provisions of the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15061(b)(3), which states that the activity is covered by the commonsense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA (Attachment 6).

ATTACHMENTS

1. Location Map

2. Detailed map of proposed changes

3. Street Naming Policy

4. Letters of Support

5. CEQA Resolution

6. Project Resolution
ATTACHMENT 5
102

7. Exhibit A to Project Resolution

Prepared by: Jennifer Ackerman
Associate Planner

ATTACHMENT 5
103
RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA A RESOLUTION FINDING THAT THE MATTERS INITIATED BY STAFF (MIS) 24-001

IS EXEMPT FROM THE PROVISIONS OF THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT
(MATTERS INITIATED BY STAFF (MIS) 24-001)
The City initialized Matters Initiated by Staff (MIS) 24-001 (“Project”).

On November 19, 2024, at a duly noticed public hearing, the Planning Commission considered the Project, made the necessary findings, and adopted Planning Commission Resolution No. 38-24, recommending the City Council find the Project is exempt from the provisions of the California Environmental Quality Act (“CEQA”).

On January 13, 2025, the City Council held a duly noticed public hearing to consider the Project, Planning Commission and staff recommendations, and all public comments and testimony, and findings.

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. 38-24, 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. Based upon the City Council's own independent review of the Record Evidence and considerations, the City Council hereby finds that the Project is exempt under CEQA Guidelines Section 15061(b)(3) (common sense exemption) in that CEQA applies only to projects which have the potential for causing a significant effect on the environment.

Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

BE IT FURTHER RESOLVED that the City Council of the City of Livermore directs the Planning Manager to file a Notice of Exemption 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. 104
RESOLUTION NO. ________
On motion of Council Member _______________________, seconded by Council Member _______________________, the foregoing resolution was passed and adopted on January 13, 2025, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Jason R. Alcala_________________ Deborah L. Elam Jason R. Alcala
City Clerk City Attorney
Exhibit A – Planning Commission Resolution No. 38-24
105

EXHIBIT A
106

EXHIBIT A
107
RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA A RESOLUTION APPROVING MATTERS INITIATED BY STAFF (MIS) 24-001 FOR

THE REQUEST TO CHANGE THE STREET NAME ON A PORTION OF EAST

VALLECITOS ROAD TO EAST VINEYARD AVENUE
The City initialized Matters Initiated by Staff (MIS) 24-001 to begin the formal process to change the street name on a portion of East Vallecitos Road to East Vineyard Avenue (“Project”).

At a duly noticed public hearing on November 19, 2024, the Planning Commission considered the Project and staff recommendation, heard public testimony, made the necessary findings and adopted Planning Commission Resolution No. 39-24, attached hereto as Exhibit A, containing the Planning Commission’s actions and/or recommendations thereon.

On January 13, 2025, 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.

BE IT FURTHER RESOLVED that the City Council of the City of Livermore has considered the Record Evidence and adopted a resolution finding the project to be exempt from the California Environmental Quality Act.

BE IT FURTHER RESOLVED that the City Council of the City of Livermore has considered the findings made in Planning Commission Resolution No. 39-24, 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. Based upon the City Council’s own independent review of the Record Evidence and considerations, the City Council hereby approves Matters Initiated by Staff (MIS) 24-001 for the street name change to a portion of East Vallecitos Road to East Vineyard Avenue.

BE IT FURTHER RESOLVED that the City Council of the City of Livermore directs the Planning Manager to file a Notice of Exemption with the Alameda County Clerk. 108
RESOLUTION NO. ________
The documents that constitute the record of proceedings upon which this decision is based can be found in the City Clerk’s Office, 1052 S. Livermore Avenue, in Livermore California.

On motion of Council Member , seconded by Council
Member , the foregoing resolution was passed and adopted on January 13, 2025, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ATTEST: APPROVED AS TO FORM:
/s/ Jason R. Alcala
Deborah L. Elam Jason R. Alcala
City Clerk City Attorney
Exhibit A – Planning Commission Resolution No. 39-24
109

EXHIBIT A
110

EXHIBIT A
111

EXHIBIT A

EXHIBIT A
112

CITY COUNCIL STAFF REPORT
ITEM NO. 10.1

6.1 Hearing to consider a request to change the street name on a portion of East Vallecitos Road. The new name will be East Vineyard Avenue. New street numbers and the new street name will be issued to four parcels for the purpose of improving emergency response time and delivery service to those residents along the portion of the subject street.

Material: PowerPoint Presentation

8.0 Council Committee Reports and Matters Initiated by City Manager, City Attorney, Staff, and Council Members.

Material: Council Reports

DATE:

January 13, 2025
TO:

Honorable Mayor and City Council
FROM:

Marianna Marysheva, City Manager
SUBJECT:

Supplemental materials received prior to the meeting.

RECOMMENDED ACTION

SUMMARY
These materials were posted online and made available to the public at the same time that they were distributed to the City Council.

DISCUSSION

ATTACHMENTS

1. Supplemental Materials

Prepared by: Helena Graves
Deputy City Clerk

113

Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
114
1 East Vallecitos Street Name and Address Changes
City Council
January 13, 2025
Jennifer Ackerman, Associate Planner
Properties along East
Vallecitos that will change
to East Vineyard
LEGEND

CITY LIMITS

PORTION OF ROAD TO BE RENAMED
FROM E. VALLECITOS TO E.

VINEYARD

LOT LINES
Representative photograph of the subject
road (looking south) from Google Maps.
651 E. Vallecitos to
883 E. Vineyard
Sycamore Grove Park
(PROPOSED)
E. VINEYARD AVE.
1 2
Item 6.1
PowerPoint Presentation
115
2 Recommendation
Staff and the Planning Commission recommend the Livermore City Council:

1. Adopt a resolution finding that the project is exempt under CEQA Guidelines 15061(b)(3)

2. Adopt a resolution approving MIS 24-001

3. Instruct the Planning Manager to file a Notice of Exemption with the Alameda County Recorder’s Office.
3 Item 6.1
PowerPoint Presentation
116
Council Member
Date of Meeting
or Event Committee or Organization
Meeting or Event Type
(ex. board meeting or
ribbon cutting) Summary of Meeting or Event
Mayor Marchand 12/19/2024 Tri-Valley Television TV30 Mayor's Report Provided an update on City Mayor Marchand 12/28/2024 Tri-Valley Chabad
Menorah lighting
downtown
Wonderful community gathering
to observe Hanukkah.

Mayor Marchand 12/29/2024 City of Livermore Birthday celebration 100th birthday celebration of
Frances Fleig.

Mayor Marchand 1/3/2025 San Joaquin Regional Rail Commission Commission Meeting background of the SJRRC, the JPA,
stations and facilities. Received a
Valley Rail overview and an
update on the Zero Emissions
Mayor Marchand 1/8/2025 Livermore Chamber of Commerce Business Alliance meeting a presentation on Ava Community
Energy.

Mayor Marchand 1/8/2025 Alameda County Mayors Conference Monthly meeting Participated in a panel mentoring Mayor Marchand 1/9/2025
City of Livermore/Lawrence Livermore
National Laboratory Dedication
of El Capitan, the fastest exascale
supercomputer in the world.

Mayor Marchand 1/11/2025 City of Livermore
Eagle Scout Court of Honor
for Own Dady
Presented a Certificate of
Congratulations.

Item 8.0
Council Reports
117
Council Member
Date of Meeting
or Event Committee or Organization
Meeting or Event Type
(ex. board meeting or
ribbon cutting)
Vice Mayor Branning 1/6/2025
Livermore Amador Valley Transit Authority
(LAVTA) Board Meeting
Vice Mayor Branning 12/18/2024 Chamber of commerce Business Mixer Vice Mayor Branning 12/17/2024 Livermore Downtown Inc. (LDI) Board Meeting Vice Mayor Branning 12/16/2024
Livermore Amador Valley Transit Authority
(LAVTA) Board Meeting
Vice Mayor Branning 12/15/2024 Chinese Consulate
Wine Country business
relations meeting with
County Supervisor
Vice Mayor Branning 12/12/2024 Rooms of Hope
Beard growing competition
finale
Item 8.0
Council Reports
118
Council Member
Date of Meeting
or Event Committee or Organization
Meeting or Event Type
(ex. board meeting or
ribbon cutting) Summary of Meeting or Event
Council Member Barrientos 1/7/2025 City of Livermore
Hanukkah lighting at the
Bankhead plaza
Speeches made for good will and
the lighting.

Council Member Barrientos 1/8/2025 City of Livermore
Community Monitor
Committee
Reviewed up coming meetings,
elected a new chair. Bid adieu to
member Jeff Nibert councilman
from Pleasanton. Reviewed PFSA
update.

Council Member Barrientos 1/11/2025 City of Livermore Children’s Business Fair Children’s Business Fair at
Altamont Creek Elementary.

Several dozen children
entrepreneurs presented their
wares from publishers to bakers.

Item 8.0
Council Reports
119
Council Member
Date of Meeting
or Event Committee or Organization
Meeting or Event Type
(ex. board meeting or
ribbon cutting) Summary of Meeting or Event
Council Member Wang 12/18/2024 Livermore Valley Chamber of Commerce Monthly mixer Council Member Wang 12/19/2024 Daybreak Labs
tour with Executive
Director Yolanda
Fintschenko
Council Member Wang 1/6/2025
Livermore Amador Valley Transit Authority
(LAVTA) Monthly Board Meeting Previewed 2025 Marketing Plan.

Council Member Wang 1/9/2025
Livermore Amador Valley Transit Authority
(LAVTA)
Orientation with Executive
Director Christy Wegener
Council Member Wang 1/11/2025 Agasthya Vutukuru Children's Business Fair Item 8.0
Council Reports
120

Livermore City CouncilJanuary 13, 2025

Livermore City Council
January 13, 2025