EXHIBIT B
919
Impact
Number
IL
ImDact
SMP 39/SMP 40 Project
March 2024
MITIGATION MONITORING AND REPORTING PROGRAM
SMP 39/SMP 40 Project
Mitiaation Measure
In addition, all off-road equipment
operating at the construction site must
be maintained in proper working
condition according to manufacturer's
specifications. Idling shall be limited to
five minutes or less in accordance with
the In-Use Off-Road Diesel Vehicle
Regulation as required by GARB.
Clear signage regarding idling
restrictions shall be placed at the
entrances to the construction site.
Portable equipment over 50
horsepower must have either a valid
BAAQMD Permit to Operate (PTO) or
a valid statewide Portable Equipment
Registration Program (PERP) placard
and sticker issued by GARB.
Conformance with the foregoing
requirements shall be included as
notes and be confirmed through
review and approval of grading plans
by the City of Livermore Community
Development Department.
Monitoring
Aaencv
4.2-1(b) The project applicant shall show on City of
Improvement Plans via notation that the Livermore
project contractor shall restrict the building Community construction and architectural coating Development
phases of construction for SMP 39 from Department
occurring simultaneously with the building
construction and architectural coating
phases of construction for SMP 40.
Implementation
Schedule Sian-off
Prior to approval of
any Improvement
Plans
Mitigation Monitoring and Reporting Program
Page2
EXHIBIT B
920
Impact
Number
4.2-2
4.3-2
IL
SMP 39/SMP 40 Project
March 2024
MITIGATION MONITORING AND REPORTING PROGRAM
SMP 39/SMP 40 Project
ImDact
Conflict with or obstruct
implementation of the
applicable air quality plan
during project operation.
Have a substantial
adverse effect, either
directly or through habitat
modifications, on specialstatus wildlife species.
4.2-2
Mitiaation Measure
Conformance with this requirement shall be
confirmed through review and approval of
plans by the City of Livermore Community
Development Department.
Prior to approval of any Improvement Plans,
the project applicant shall provide proof of
compliance with the following to the
satisfaction of the City of Livermore
Community Development Department:
• The project applicant shall show on
the Improvement Plans via notation
that all off-road equipment (i.e.,
forklifts) to be used during operations
of the proposed project shall be a
combination of propane and electric,
sufficient to achieve a fleet-wide
average reduction in operationalrelated NOX emissions to below the applicable BAAQMD threshold of
significance (54 lbs/day). For instance,
the emissions presented in Table 4.2-
10 were achieved by requiring that 27
percent of the forklifts used during
operations on both SMP 39 and SMP
40 are electric.
4.3 Biological Resources
Western Burrowing Owl
Monitoring
Aaencv
City of
Livermore
Community
Development
Department
4.3-2(a) If project construction begins during the City of western burrowing owl nesting season Livermore
(February 1 to August 31 ), a qualified Community
biologist shall conduct targeted burrowing Development
owl nest surveys within 14 days prior to Department
Implementation
Schedule
Prior to approval of
any Improvement
Plans
Within 14 days prior
to construction
activities if project
construction begins
durinQ the western
Sian-off
Mitigation Monitoring and Reporting Program
Page3
EXHIBIT B
921
Impact
Number
IL
ImDact
SMP 39/SMP 40 Project
March 2024
MITIGATION MONITORING AND REPORTING PROGRAM
SMP 39/SMP 40 Project
Mitiaation Measure
construction activities using seven- to 20-
foot transects. A separate preconstruction
survey shall be conducted for SMP 39 and
SMP 40 (including the off-site trail
connection area) if the components of the
project are not constructed concurrently. The
survey shall include the project site and all
accessible areas within 500 feet of the
project impact zone, and shall follow CDFW
guidelines outlined in the 2012 Staff Report
on Burrowing Owl Mitigation. The results of
the survey shall be submitted to the City of
Livermore Community Development
Department within 30 days of the completed
survey. The survey report shall be valid for
one construction season.
If western burrowing owls are not detected
on-site during the survey, further mitigation
shall not be required. If any western
burrowing owls are detected on-site,
pursuant to the CDFW's 2012 Staff Report
on Burrowing Owl Mitigation, the following
restricted activity dates and setback
distances shall be implemented:
•
•
From April 1 through October 15, low
disturbance activities shall have a
200-meter buffer while high
disturbance activities shall have a
500-meter buffer from occupied nests.
From April 1 through August 15,
medium disturbance activities shall
have a 500-meter buffer from
Monitoring
Aaencv
Implementation
Schedule Sian-off
burrowing owl
nesting season
(February 15 to
August 31)
Mitigation Monitoring and Reporting Program
Page4
EXHIBIT B
922
Impact
Number
IL
ImDact
MITIGATION MONITORING AND REPORTING PROGRAM
SMP 39/SMP 40 Project
SMP 39/SMP 40 Project
March 2024
Monitoring
Aaencv
Implementation
Mitiaation Measure
occupied nests. Medium disturbance
activities can have a reduced buffer of
200 meters starting August 16
through October 15.
• From October 16 through March 31,
low disturbance activities shall have a
50-meter buffer, medium disturbance
activities shall have a 100-meter
buffer, and high disturbance activities
shall have a 500-meter buffer from
occupied nests.
• Earth-moving activities or other
disturbance shall not occur within the
aforementioned buffer zones of
occupied burrows unless monitoring of
the nest site by a qualified biologist
determines that the owls are
acclimated to the disturbance and
would not be disturbed by a smaller
buffer. The buffer zones shall be
fenced.
• A qualified biologist shall delineate the
extent of burrowing owl habitat on the
site.
• Owls may be passively relocated from
the project site between October 1 and
February 1. Passive removal shall be
conducted by a qualified biologist with
demonstrated experience with passive
relocation.
• Credits shall be purchased from a
mitigation bank in coordination with
CDFW and the City of Livermore to
Schedule Sian-off
Mitigation Monitoring and Reporting Program
EXHIBIT B
923
Impact
Number
IL
ImDact
SMP 39/SMP 40 Project
March 2024
MITIGATION MONITORING AND REPORTING PROGRAM
SMP 39/SMP 40 Project
Mitiaation Measure
offset the project's habitat loss on the
burrowing owl.
A report detailing compliance with the
provisions set forth herein shall be prepared
by the qualified biologist and submitted for
review and approval to the City of Livermore
Community Development Department.
Western Burrowing Owl (Trail Connection Options
2 and 3)
Monitoring
Aaencv
4.3-2(b) In the event that Trail Connection Option 2 - City of Undercrossing at Isabel Bridge or Trail Livermore
Connection Option 3 - Overcrossing of Community
Isabel A venue/SR 84 is the selected trail Development
connection option for the proposed project, Department
the requirements of Mitigation Measure 4.3-
2(a) shall be implemented for the
disturbance area associated with the trail
connection option.
Tricolored Blackbird
4.3-2(c) Prior to any ground disturbance on SMP 40, City of a qualified biologist shall conduct a Livermore
preconstruction survey in all accessible Community
areas identified as supporting potential Development
tricolored blackbird nesting habitat. The Department
survey shall document the current, and to
the extent possible, historical presence or
absence of nesting colonies of tricolored
blackbird. Surveys shall conclude no more
than two calendar days prior to construction.
If a tricolored blackbird nesting colony is
present, a 250-foot buffer shall be aDDlied
Implementation
Schedule Sian-off
Within 14 days prior
to construction
activities if project
construction begins
during the western
burrowing owl
nesting season
(February 15 to
August 31)
Prior to any ground
disturbance on SMP
40 Mitigation Monitoring and Reporting Program
EXHIBIT B
924
Impact
Number
IL
ImDact
MITIGATION MONITORING AND REPORTING PROGRAM
SMP 39/SMP 40 Project
SMP 39/SMP 40 Project
March 2024
Monitoring
Aaencv
Implementation
Mitiaation Measure
from the outer edge of all hydrophytic
vegetation associated with the site and the
site plus buffer shall be avoided. The Wildlife
Agencies shall be notified immediately of
nest locations. All survey results shall be
submitted to the City of Livermore
Community Development Department prior
to the start of construction. If current or
recent tricolored blackbird nesting colonies
are not identified, further action is not
required.
If construction takes place during the
breeding season when an active colony is
present, a qualified biologist shall monitor
construction to ensure that the 250-foot
buffer zone is enforced. If monitoring
indicates that construction outside of the
buffer is affecting a breeding colony, the
buffer shall be increased if space allows
(e.g., move staging areas farther away). If
space does not allow, construction shall
cease until the colony abandons the site or
until the end of the breeding season,
whichever occurs first. The biological
monitor shall also conduct training of
construction personnel on the avoidance
procedures, buffer zones, and protocols in
the event that tricolored blackbirds fly into an
active construction zone (i.e., outside the
buffer zone).
Nesting Birds and Raptors (Including Loggerhead
Shrike)
Schedule Sian-off
Mitigation Monitoring and Reporting Program
EXHIBIT B
925
Impact
Number
IL
ImDact
SMP 39/SMP 40 Project
March 2024
MITIGATION MONITORING AND REPORTING PROGRAM
SMP 39/SMP 40 Project
4.3-2(d)
Mitiaation Measure
If project construction begins during the
nesting season (February 1 to August 31), a
qualified biologist shall conduct a nesting
bird survey within 7 days prior to
construction activities. A separate
preconstruction survey shall be conducted
for SMP 39 and SMP 40 (including the offsite trail connection area) if the components of the project are not constructed
concurrently. The nesting bird survey shall
include walking transects to search for
ground nesting birds, and an examination of
all trees on-site and within all accessible
areas within 200 feet of the entire project site
and off-site improvement areas (i.e., within a
zone of influence of nesting birds). If nesting
birds are not found within the project site or
off-site improvement areas, further
mitigation shall not be required.
If migratory birds are identified nesting on or
within the zone of influence, the Wildlife
Agencies shall be notified immediately of
nest locations. A qualified biologist shall
establish a temporary protective nest buffer
around the nest(s). The nest buffer shall be
staked with orange construction fencing.
The buffer must be of sufficient size to
protect the nesting site from constructionrelated disturbance and shall be established by a qualified ornithologist or biologist with
extensive experience working with nesting
birds near and on construction sites.
Typically, adequate nestinq buffers are 75
Monitoring
Aaencv
City of
Livermore
Community
Development
Department
Implementation
Schedule
Within seven days
prior to construction
activities, if project
construction begins
during the nesting
season (February 1
to August 31)
Sian-off
Mitigation Monitoring and Reporting Program
PageB
EXHIBIT B
926
Impact
Number
IL
ImDact
MITIGATION MONITORING AND REPORTING PROGRAM
SMP 39/SMP 40 Project
SMP 39/SMP 40 Project
March 2024
Monitoring
Aaencv
Implementation
Mitiaation Measure
feet from the nest site or nest tree dripline for
small birds and up to 300 feet for sensitive
nesting birds that include several raptor
species known in the region of the project
site but that are not expected to occur on the
project site. Upon completion of nesting
surveys, if nesting birds are identified on or
within a zone of influence of the project site,
a qualified ornithologist/biologist that
frequently works with nesting birds shall
prescribe adequate nesting buffers to
protect the nesting birds from harm while the
project is constructed.
Construction or earth-moving activity shall
not occur within any established nest
protection buffer prior to September 1 unless
a qualified ornithologist/biologist determines
that the young have fledged and have
attained sufficient flight skills to avoid project
construction zones, or that the nesting cycle
is otherwise completed. In the region of the
project site, most species complete nesting
by mid-July; however, the date may be
significantly earlier or later, and would have
to be determined by the qualified biologist.
At the end of the nesting cycle, and fledging
from the nest by its occupants, as
determined by a qualified biologist,
temporary nesting buffers may be removed
and construction may commence in
established nesting buffers without further
regard for the nest site. If active nesting
buffers are established and a bioloqist does
Schedule Sian-off
Mitigation Monitoring and Reporting Program
EXHIBIT B
927
Impact
Number
4.3-3
IL
SMP 39/SMP 40 Project
March 2024
MITIGATION MONITORING AND REPORTING PROGRAM
SMP 39/SMP 40 Project
ImDact
Have a substantial
adverse effect on any
riparian habitat or other
sensitive natural
community identified in
local or regional plans,
policies, regulations or by
the CDFW or USFWS, or
State or Federally
protected wetlands
Mitiaation Measure
not confirm that the nesting cycle is
completed, then the nesting buffers must be
maintained until the end of the CDFW
recognized nesting season (September 1).
Should construction activities cause a
nesting bird to do any of the following in a
way that would be considered a result of
construction activities, then the exclusionary
buffer shall be increased such that activities
are far enough from the nest to stop the
following agitated behavior: vocalize, make
defensive flights at intruders, get up from a
brooding position, or fly off the nest. The
revised non-disturbance buffer shall remain
in place until the chicks have fledged or as
otherwise determined by a qualified biologist
in consultation with the City of Livermore.
A report detailing compliance with the
provisions set forth herein shall be prepared
by the qualified biologist and submitted for
review and approval to the City of Livermore
Community Development Department.
Trail Connection Option 2 - Undercrossing at
Isabel Bridge
Monitoring
Aaencv
4.3-3(a) Prior to the initiation of ground-disturbing City of activities, the project applicant shall submit a Livermore formal wetland delineation to the USAGE for Community
Trail Connection Option 2 for verification to Development determine the extent of all hydrological Department
features, their jurisdictional status, and the
extent of any impacts resulting from the USACE
proposed project. A coov of the wetland
Implementation
Schedule Sian-off
Prior to initiation of
ground-disturbing
activities
Mitigation Monitoring and Reporting Program
EXHIBIT B
928
Impact
Number
IL
SMP 39/SMP 40 Project
March 2024
MITIGATION MONITORING AND REPORTING PROGRAM
SMP 39/SMP 40 Project
ImDact
(including, but not limited
to, marsh, vernal pool,
coastal, etc.) through
direct removal, filling,
hydrological interruption,
or other means.
Mitiaation Measure
delineation and USAGE verification letter
shall be submitted to the City of Livermore
Community Development Department. If
Trail Connection Option 2 will result in
impacts to features under the USACE's
jurisdiction, Mitigation Measure 4.3-3(e)
shall be required.
Trail Connection Option 2 - Undercrossing at
Isabel Bridge
Monitoring
Aaencv
Implementation
Schedule
4.3-3(b) In the event that Trail Connection Option 2 -
Undercrossing at Isabel Bridge is the
selected Trail Connection Option for the
proposed project, implement Mitigation
Measures 4.5-1 and 4.5-2 related to the
preparation of a SWPPP and final
Stormwater Control Plan and Maintenance
Plan during project construction and
operations, respectively.
City's Public Prior to the
Works Director issuance of any
grading permits
SMP 40 and Trail Connection Option 2
City Engineer
City of
Livermore
Public Works
Department
4.3-3(c) Prior to the commencement of ground- City of
disturbing activities for SMP 40 or Trail Livermore
Connection Option 2, if selected, the project Community contractor shall notify CDFW pursuant to Development
Section 1600 of the CFGC. The notification Department
shall include a description of all of the
activities associated with the proposed
project, not just those associated with the
drainages and/or riparian vegetation.
Impacts shall be outlined in the notification
and are expected to be in substantial
conformance with the impacts to biological
resources outlined in the Biological
Prior to
commencement of
ground-disturbing
activities for SMP
40 or Trail
Connection Option
2 (if selected)
Sian-off
Mitigation Monitoring and Reporting Program
EXHIBIT B
929
Impact
Number
IL
ImDact
MITIGATION MONITORING AND REPORTING PROGRAM
SMP 39/SMP 40 Project
SMP 39/SMP 40 Project
March 2024
Monitoring
Aaencv
Implementation
Mitiaation Measure
Resources Assessments prepared for SMP
40 by Monk & Associates. Impacts for each
activity shall be broken down by temporary
and permanent impacts. A description of the
proposed mitigation for biological resource
impacts shall be outlined per activity and
then by temporary and permanent impact.
Information regarding project-specific
drainage and hydrology changes resulting
from project implementation shall be
provided, as well as a description of
stormwater treatment methods. Minimization
and avoidance measures shall be proposed,
as appropriate, and may include the
following:
•
•
•
To avoid fuels, lubricants, soils and
other pollutants from entering Arroyo
Mocho, wildlife friendly hay wattles
(that is, no mono-filament netting)
and silt fencing shall be installed at
the top of bank. The use of mulch or
any other substitute that may enter
into the creek shall be prohibited.
Staging, operation and maintenance
of heavy duty construction equipment
shall be located away from Arroyo
Mocho at all times and well outside of
the riparian corridor unless the
equipment is needed to specifically
work on the realignment of Arroyo
Mocho or the outfalls for the project.
To mitigate for any impacts to the
riparian corridor of Arroyo Mocho,
Schedule Sian-off
Mitigation Monitoring and Reporting Program
EXHIBIT B
930
Impact
Number
IL
ImDact
MITIGATION MONITORING AND REPORTING PROGRAM
SMP 39/SMP 40 Project
SMP 39/SMP 40 Project
March 2024
Monitoring
Aaencv
Implementation
Mitiaation Measure
disturbed areas shall be revegetated
with native riparian plant species.
Replacement of riparian trees to be
removed shall be planted near the
creek as feasible and/or adjacent to
the existing limits of the riparian
corridor to contribute to the existing
riparian canopy. Riparian plantings
shall be maintained for a minimum of
5 years to ensure that the canopy is
enhanced and the understory
restored.
• Non-native and invasive ornamental
landscaping shall be precluded from
use proximate to Arroyo Macho.
• To avoid debris from entering Arroyo
Macho, the final project design shall
provide for enclosed and accessible
trash receptacles (located outside of
the riparian corridor).
• New lighting introduced by the project
shall be downcast and precluded
from spilling over to the riparian
corridor as direct lighting along creek
corridors has a negative impact on
nocturnal wildlife.
Mitigation shall not result in a net loss of a
Sensitive Natural Community. Written
verification of Section 1600 of the LSAA shall
be submitted to the City of Livermore
Community Development Department.
Schedule Sian-off
Mitigation Monitoring and Reporting Program
EXHIBIT B
931
Impact
Number
IL
ImDact
SMP 39/SMP 40 Project
March 2024
MITIGATION MONITORING AND REPORTING PROGRAM
SMP 39/SMP 40 Project
Mitiaation Measure
Trail Connection Option 2 - Undercrossing at
Isabel Bridge
4.3-3(d) Prior to the initiation of groundbreaking
activity associated with Trail Connection
Option 2, if selected, the project applicant
shall ensure that authorization pursuant to
the Clean Water Act (CWA) Section 401
from the San Francisco Bay Regional Water
Quality Control board (RWQCB) is obtained.
If Trail Connection Option 2 will result in
impacts to features under the RWQCB's
jurisdiction, the construction contractor shall
adhere to all conditions outlined in the
permit. The project applicant shall ensure
that the proposed project replaces, restores,
or enhances on a "no net loss" basis (in
accordance with the RWQCB) the acreage
of all riparian habitat and waters of the State
that would be removed, lost, and/or
degraded due to project implementation by
methods agreeable to the RWQCB and the
City, as appropriate, depending on agency
jurisdiction, and as determined during the
Section 401 permitting processes. Methods
include, but are not limited to implementation
of a riparian enhancement planting plan
and/or tree planting mitigation at a 1:1 ratio,
or as otherwise prescribed by the RWQCB.
Trail Connection Option 2 - Undercrossing at
Isabel Bridge
Monitoring
Aaencv
The San
Francisco Bay
Regional
Water Quality
Control board
(RWQCB)
4.3-3(e) If it is determined that work below the OHWM City of cannot be avoided for Trail Connection Livermore
Implementation
Schedule
Prior to the initiation
of ground-breaking
activity associated
with Trail
Connection Option
2 (if selected}
Prior to issuance of
grading permits, if it
Sian-off
Mitigation Monitoring and Reporting Program
EXHIBIT B
932
Impact
Number
4.4-2
IL
SMP 39/SMP 40 Project
March 2024
MITIGATION MONITORING AND REPORTING PROGRAM
SMP 39/SMP 40 Project
ImDact
Cause a substantial
adverse change in the
significance of a unique
archeological resource
pursuant to CEQA
Guidelines, Section
15064.5.
4.4-2
Mitiaation Measure
Option 2, prior to the issuance of grading
permits, the project applicant shall apply for
a CWA Section 404 permit from the USAGE.
Waters that would be lost or disturbed shall
Monitoring
Aaencv
Community
Development
Department
be restored, replaced, or rehabilitated on a USAGE
"no-net-loss" basis. Habitat restoration,
rehabilitation, and/or replacement, including
the purchase of credits from a USAGE
approved mitigation bank at a 1:1 ratio, shall
be at a location and by methods acceptable
to the USAGE. Documentation of
compliance with the provisions set forth
herein shall be submitted to the City of
Livermore Community Development
Department for verification.
Cultural and Tribal Cultural Resources
In the event a potentially significant cultural The
resource is encountered during subsurface Confederated
earthwork activities, all construction Villages of
activities within a 100-foot radius of the find Lisjan
shall cease and workers shall avoid altering
the materials until an archaeologist who City of
meets the Secretary of the Interior's Livermore
Professional Qualification Standards for Community
archaeology has evaluated the find. The Development
project applicant shall include a standard Department
inadvertent discovery clause in every
construction contract to inform contractors of The Northwest this requirement. The qualified archeologist Information shall make recommendations to the City of Center (NWIC) Livermore on the measures that shall be
implemented to protect the discovered The State
resources, including, but not limited to, Historic
culturallv aooropriate temporarv and
Implementation
Schedule Sian-off
is determined that
work below the
Ordinary High
Water Mark
(OHWM) cannot be
avoided for Trail
Connection Option
2 (if selected)
In the event a
potentially
significant cultural
resource is
encountered during
subsurface
earthwork activities
Mitigation Monitoring and Reporting Program
EXHIBIT B
933
Impact
Number
IL
ImDact
MITIGATION MONITORING AND REPORTING PROGRAM
SMP 39/SMP 40 Project
SMP 39/SMP 40 Project
March 2024
Monitoring
Aaencv
Implementation
Mitiaation Measure
permanent treatment, which may include Preservation
avoidance of cultural resources, in-place Office (SHPO) preservation, and/or reburial on the project
site so the resource(s) are not subject to
further disturbance in perpetuity. In addition,
The Confederated Villages of Usjan shall be
notified of the discovery. If avoidance is
determined to be infeasible, pursuant to
CEQA Guidelines Section 15126.4(b)(3)(C),
a data recovery plan, which makes
provisions for adequately recovering the
scientifically consequential information from
and about the historical resource, shall be
prepared and adopted prior to any
excavation being undertaken. If necessary,
excavation and evaluation of the finds shall
comply with Section 15064. 5 of the CEQA
Guidelines.
Potentially significant archaeological site
indicators include obsidian and chert flakes
and chipped stone tools; grinding and
mashing implements (e.g., slabs and
handstones and mortars and pestles);
bedrock outcrops and boulders with mortar
cups; and locally darkened midden soils.
Midden soils may contain a combination of
any of the previously listed items with the
possible addition of bone and shell remains,
and fire-affected stones. Any previously
undiscovered resources found during
construction within the project site shall be
recorded on appropriate Department of
Parks and Recreation (DPR) 523 forms and
Schedule Sian-off
Mitigation Monitoring and Reporting Program
EXHIBIT B
934
Impact
Number
4.4-3
IL
SMP 39/SMP 40 Project
March 2024
MITIGATION MONITORING AND REPORTING PROGRAM
SMP 39/SMP 40 Project
ImDact
Disturb any human
remains, including those
interred outside of
dedicated cemeteries.
4.4-3
Mitiaation Measure
will be submitted to the City of Livermore, the
Northwest Information Center (NWIC), and
the State Historic Preservation Office
(SHPO), as required.
In the event of the accidental discovery or
recognition of any human remains, further
excavation or disturbance of the find or any
nearby area reasonably suspected to overlie
adjacent human remains shall not occur until
compliance with the provisions of CEQA
Guidelines Section 15064.5(e)(1) and (2)
has occurred. The Guidelines specify that in
the event of the discovery of human remains
other than in a dedicated cemetery, no
further excavation at the site or any nearby
area suspected to contain human remains
shall occur until the Alameda County
Coroner has been notified to determine if an
investigation into the cause of death is
required. If the County Coroner determines
that the remains are Native American, then,
within 24 hours, the Coroner must notify the
Native American Heritage Commission
(NAHC), which in turn will notify the most
likely descendants who may recommend
treatment of the remains and any grave
goods. The potential exists that the NAHC
may be unable to identify a most likely
descendant, the most likely descendant fails
to make a recommendation within 48 hours
after notification by the NAHC, or the
landowner or his authorized agent rejects
the recommendation by the most likely
descendant and mediation by the NAHC fails
Monitoring
Aaencv
Alameda
County
Coroner
Native
American
Heritage
Commission
(NAHC)
City of
Livermore
Community
Development
Department
Implementation
Schedule
In the event of the
accidental discovery
or recognition of any
human remains
Sian-off
Mitigation Monitoring and Reporting Program
EXHIBIT B
935
Impact
Number
4.4-4
4.5-1
IL
SMP 39/SMP 40 Project
March 2024
MITIGATION MONITORING AND REPORTING PROGRAM
SMP 39/SMP 40 Project
ImDact
Cause a substantial
adverse change in the
significance of a tribal
cultural resource, defined
in PRC Section 2107 4.
4.4-4
Violate any water quality 4.5-1
standards or waste
discharge requirements
or otherwise substantially
degrade water quality
during construction.
Mitiaation Measure
to provide a measure acceptable to the
landowner. In such case, the landowner or
his authorized representative shall rebury
the human remains and grave goods with
appropriate dignity at a location on the
property not subject to further disturbances.
Should human remains be encountered, a
copy of the resulting County Coroner report
noting any written consultation with the
NAHC shall be submitted as proof of
compliance to the City of Livermore
Community Development Department.
Implement Mitigation Measures 4.4-2 and
4.4-3.
Hydrology and Water Quality
Monitoring
Aaencv
See Mitigation
Measures 4.4-
2 and 4.4-3
Prior to issuance of any grading permits, the City of
contractor shall prepare a Storm Water Livermore
Pollution Prevention Plan (SWPPP) for Public Works
review and approval by the San Francisco Director
Bay RWQCB. The contractor shall file the
Notice of Intent (NOi) and associated fee to City Engineer the SWRCB. A separate SWPPP shall be
prepared for SMP 39 and SMP 40 (including
the off-site trail connection area) if the
components of the project are not
constructed concurrently. The SWPPP shall
serve as the framework for identification,
assignment, and implementation of BMPs.
The contractor shall implement BMPs to
reduce pollutants in stormwater discharges
to the maximum extent practicable.
Implementation
Schedule Sian-off
See Mitigation
Measures 4.4-2 and
4.4-3
Prior to issuance of
any grading permits
Mitigation Monitoring and Reporting Program
EXHIBIT B
936
Impact
Number
4.5-2
IL
SMP 39/SMP 40 Project
March 2024
MITIGATION MONITORING AND REPORTING PROGRAM
SMP 39/SMP 40 Project
ImDact
Violate any water quality
standards or waste
discharge requirements
or otherwise substantially
degrade water quality
during operations.
4.5-2(a)
Mitiaation Measure
Construction (temporary) BMPs for the
project may include, but are not limited to:
fiber rolls, straw bale barrier, straw wattles,
storm drain inlet protection, velocity
dissipation devices, silt fences, wind erosion
control, stabilized construction entrance,
hydroseeding, revegetation techniques, and
dust control measures. The SWPPP shall be
submitted to the City's Director of Public
Works and the City Engineer for review and
approval and shall remain on the project site
during all phases of construction. Following
implementation of the SWPPP, the
contractor shall subsequently demonstrate
the SWPPP's effectiveness and provide for
necessary and appropriate revisions,
modifications, and improvements to reduce
pollutants in stormwater discharges to the
maximum extent practicable.
Prior to approval of final project improvement
plans for SMP 39, SMP 40, and the selected
off-site trail connection option, a final
Stormwater Control Plan and Maintenance
Plan shall be submitted to the City Director
of Public Works, and the City Engineer for
review and approval. A separate Stormwater
Control Plan and Maintenance Plan shall be
prepared for SMP 39, SMP 40, and the
selected off-site trail connection option, if the
components of the project are not
constructed concurrently. The final
Stormwater Control Plan and Maintenance
Plan shall be in compliance with all
applicable provisions of the C.3 Standards,
Monitoring
Aaencv
City of
Livermore
Public Works
Director
City Engineer
City of
Livermore
Public Works
Department
Implementation
Schedule
Prior to approval of
final project
improvement plans
for SMP 39, SMP
40, and the selected
off-site trail
connection option
Sian-off
Mitigation Monitoring and Reporting Program
EXHIBIT B
937
Impact
Number
4.5-4
IL
SMP 39/SMP 40 Project
March 2024
MITIGATION MONITORING AND REPORTING PROGRAM
SMP 39/SMP 40 Project
ImDact
Substantially alter the
existing drainage pattern
of the site or area,
including through the
alteration of the course of
a stream or river or
through the addition of
impervious surfaces, in a
manner which would:
substantially increase the
rate or amount of surface
runoff in a manner which
4.5-2(b)
4.5-4
Mitiaation Measure
and shall meet the standards of the
California Stormwater Quality Association
(CASQA) Stormwater BMP Handbook for
New Development and Redevelopment. Site
design measures, source control measures,
hydromodification management, and Low
Impact Development (LID) standards, as
necessary, shall be incorporated into the
design and shown on the improvement
plans. The final plans shall include
calculations demonstrating that the water
quality BMPs are appropriately sized, using
methodology in the CASQA Stormwater
BMP Handbook for New Development and
Redevelopment. The final plans shall be
submitted to the Public Works Department
for review and approval.
Implement Mitigation Measures 4.3-3(b)
through 4.3-3(e).
Prior to approval of final project improvement
plans for SMP 39, SMP 40, and the selected
off-site trail connection option, a final
drainage plan shall be submitted to the City
Director of Public Works, and the City
Engineer for review and approval
demonstrating the project's compliance
with all State stormwater standards and
requirements. A separate drainage plan
shall be prepared for SMP 39, SMP 40, and
the selected off-site trail connection option, if
the components of the project are not
Monitoring
Aaencv
See Mitigation
Measures 4.3-
3(b) through
4.3-3(e)
City of
Livermore
Public Works
Director
City Engineer
Implementation
Schedule Sian-off
See Mitigation
Measures 4.3-3(b)
through 4.3-3(e)
Prior to approval of
final project
improvement plans
for SMP 39, SMP
40, and the selected
off-site trail
connection option
Mitigation Monitoring and Reporting Program
EXHIBIT B
938
Impact
Number
4.5-5
4.6-1
IL
SMP 39/SMP 40 Project
March 2024
MITIGATION MONITORING AND REPORTING PROGRAM
SMP 39/SMP 40 Project
ImDact
would result in flooding
on- or off-site; create or
contribute runoff water
which would exceed the
capacity of existing or
planned stormwater
drainage systems or
provide substantial
additional sources of
polluted runoff; or result
in substantial erosion or
siltation on- or off-site.
Substantially alter the
existing drainage pattern
of the site or area,
including through the
alteration of the course of
a stream or river or
through the addition of
impervious surfaces, in a
manner which would
impede or redirect flood
flows, or in flood hazard,
tsunami, or seiche zone,
risk release of pollutants
due to project inundation.
4.5-5
Generation of a 4.6-1(a)
substantial temporary
increase in ambient noise
levels in the vicinity of the
project in excess of
standards established in
the local general plan or
Mitiaation Measure
constructed concurrently. The final drainage
plan shall identify the water quality treatment
and source control measures needed to
ensure that stormwater runoff from the
proposed project is adequately treated and
peak flows do not exceed the capacity of the
receiving storm drainage system.
Prior to Building Permit issuance for SMP 39
(if buildings are determined to be within a
SFHA) and SMP 40, the City or applicant
shall obtain from the Federal Emergency
Management Agency (FEMA), a Letter of
Map Revision (LOMR).
Noise
Monitoring
Aaencv
Federal
Emergency
Management
Agency
Chief Building
Official
Prior to issuance of a grading permit for City of
SMP 40, the project applicant shall prepare Livermore
a construction noise management plan that Community
identifies measures to be taken to minimize Development construction noise on surrounding sensitive Department
land uses and include specific noise
management measures to be included
Implementation
Schedule
Prior to Building
Permit issuance for
SMP 39 (if buildings
are determined to
be within a Special
Flood Hazard Zone
[SFHA]) and SMP
40 Prior to issuance of
a grading permit for
SMP40
Sian-off
Mitigation Monitoring and Reporting Program
EXHIBIT B
939
SMP 39/SMP 40 Project
March 2024
MITIGATION MONITORING AND REPORTING PROGRAM
SMP 39/SMP 40 Project
Impact
Number ImDact
IL
noise ordinance, or
applicable standards of
other agencies.
Mitiaation Measure
within the plans and specifications for SMP
40, subject to review and approval by the
City of Livermore Community Development
Department. The project applicant shall
demonstrate, to the satisfaction of the City
that the project complies with the following:
• Consistent with the Livermore
Municipal Code, construction shall be
limited to weekdays between the
hours of 7:00 AM and 8:00 PM and
Saturdays through Sunday between
the hours of 9:00 AM and 6:00 PM.
• Either a temporary noise barrier shall
be built prior to development of the
planned berm on the east side of the
project site, or the berm shall be built
prior to construction activities. The
barrier/berm shall be a minimum of
10 feet tall. The barrier can be fieldbuilt provided it meets the following criteria:
o The barrier shall be constructed
to have a minimum surface
density offour pounds per square
foot (psf). For example, a stud
wall with exterior-grade plywood
sheathing and a stucco finish (or
two layers of 5/8-inch thick
plywood).
o The barrier shall be free of
cracks, and drainage ho/es/slots
along the bottom of the barrier
shall be kept to a minimum.
Monitoring
Aaencv
Implementation
Schedule Sian-off
Mitigation Monitoring and Reporting Program
EXHIBIT B
940
Impact
Number
IL
ImDact
MITIGATION MONITORING AND REPORTING PROGRAM
SMP 39/SMP 40 Project
SMP 39/SMP 40 Project
March 2024
Monitoring
Aaencv
Implementation
Mitiaation Measure
Where needed, drainage
holes/slots shall be covered by
one psf mass-loaded vinyl flaps
(e.g., Kinetics KNM-100) so
water can flow around the vinyl
and still drain.
o Joints between sheathing layers
shall be offset by 16 inches
minimum.
• Contractors shall use "quiet" models
of air compressors and other
stationary noise sources, where
technology exists.
• Internal combustion engine-driven
equipment shall be equipped with
mufflers which are in good condition
and appropriate for the equipment.
• Stationary noise-generating
equipment, such as air compressors
and portable power generators, shall
be located as far away as possible
from adjacent property lines.
• Staging areas and construction
material areas shall be located as far
away as feasible from adjacent
residences.
• All unnecessary idling of internal
combustion engines should be
prohibited.
• The contractor shall designate a
"noise disturbance construction
superintendent" who will be
responsible for tracking and
respondina to anv complaints about
Schedule Sian-off
Mitigation Monitoring and Reporting Program
EXHIBIT B
941
Impact
Number
IL
ImDact
SMP 39/SMP 40 Project
March 2024
MITIGATION MONITORING AND REPORTING PROGRAM
SMP 39/SMP 40 Project
Mitiaation Measure
construction noise. The noise
disturbance construction
superintendent shall determine the
cause of the noise complaint (e.g.,
starting too early, bad muffler, etc.)
and shall require that reasonable
measures are implemented to correct
the problem. The telephone number
for the noise disturbance construction
superintendent shall be posted at the
construction site and included in any
construction notices sent to
neighbors.
Monitoring
Aaencv
4.6-1(b) Prior to issuance of a grading permit for the City of chosen off-site trail connection option, the Livermore
project applicant shall prepare a Community
construction noise management plan that Development
identifies measures to be taken to minimize Department
construction noise on surrounding sensitive
land uses and include specific noise
management measures to be included
within the plans and specifications for the
trail connection option, subject to review and
approval by the City of Livermore
Community Development Department. The
project applicant shall demonstrate, to the
satisfaction of the City, that the project
complies with the following:
• All heavy construction equipment
used on the proposed project shall be
maintained in good operating
condition, with all internal
Implementation
Schedule Sian-off
Prior to issuance of
a grading permit for
the chosen off-site
trail connection
option
Mitigation Monitoring and Reporting Program
EXHIBIT B
942
Impact
Number
IL
ImDact
MITIGATION MONITORING AND REPORTING PROGRAM
SMP 39/SMP 40 Project
SMP 39/SMP 40 Project
March 2024
Monitoring
Aaencv
Implementation
Mitiaation Measure
combustion, engine-driven
equipment fitted with intake and
exhaust mufflers that are in good
condition.
• All mobile or fixed noise producing
equipment used on the proposed
project that is regulated for noise
output by a local, state, or federal
agency shall comply with such
regulations while involved with a
project activity.
• Where feasible, electrically-powered
equipment shall be used instead of
pneumatic or internal combustion
powered equipment.
• All stationary noise-generating
equipment shall be located as far
away as possible from the nearest
residential uses.
• Signs prohibiting unnecessary idling
of internal combustion engines shall
be posted at entrances to
construction sites and at construction
equipment staging areas.
• The use of noise-producing signals,
including horns, whistles, alarms and
bells shall be for safety warning
purposes only.
• The use of temporary sound barriers
shall be incorporated along the outer
work area of the construction site,
east of Isabel Avenue/SR 84. Barrier
height and location(s) shall be
determined by a qualified acoustical
Schedule Sian-off
Mitigation Monitoring and Reporting Program
EXHIBIT B
943
Impact
Number
4.7-8
IL
SMP 39/SMP 40 Project
March 2024
MITIGATION MONITORING AND REPORTING PROGRAM
SMP 39/SMP 40 Project
ImDact
Increase in demand for
utilities and service
systems associated with
the proposed project, in
combination with future
buildout of the Livermore
General Plan.
Mitiaation Measure
engineer to ensure that the resultant
construction noise levels at the
nearest residence would meet the
applicable standard. The sound
barrier fencing shall consist of 0. 5-
inch plywood or minimum STC 27
sound curtains placed to shield
nearby sensitive receptors. The
plywood barrier shall be free from
gaps, openings, or penetrations to
ensure maximum performance.
Monitoring
Aaencv
Public Services, Utilities, and Service Systems
4. 7-B(a) Prior to approval of improvement plans, the City of project applicant shall pay the applicable Livermore
sewer fair share fees to the City of Livermore Community Community Development Department. Development
Payment of such fees shall be made in Department
compliance with Livermore Municipal Code
Chapter 13.28.
4. 7-B(b) In conjunction with submittal of improvement City of plans for SMP 39 or SMP 40, whichever is Livermore
developed second as part of the proposed Community
project, the project applicant shall submit an Development analysis of the pumping capacity available at Department the Airport Lift Station to convey additional
flows generated by SMP 39 and SMP 40.
The lift station capacity analysis shall be
prepared by a registered civil engineer.
According to the 2022 Airport Lift Station
Analysis prepared by West Yost Associates,
the City of Livermore has indicated that the
pumping capacity necessary to
accommodate SMP 39 and SMP 40 would
Implementation
Schedule Sian-off
Prior to approval of
improvement plans
In conjunction with
submittal of
improvement plans
for SMP 39 or SMP
40, whichever is
developed second
as part of the
proposed project
Mitigation Monitoring and Reporting Program
EXHIBIT B
944
Impact
Number
4.8-1
IL
SMP 39/SMP 40 Project
March 2024
MITIGATION MONITORING AND REPORTING PROGRAM
SMP 39/SMP 40 Project
ImDact
Conflict with a program, 4.8-1
plan, ordinance, or policy
addressing the circulation
system during
construction activities.
Mitiaation Measure
be 2,088 gallons per minute (gpm). The
subsequent evaluation shall confirm the
aforementioned estimate and be submitted
for review and approval to the City of
Livermore Community Development
Department.
If the Airport Lift Station pumping capacity is
determined to be inadequate, the project
applicant shall ensure the pumping capacity
is increased to the necessary gpm
determined by the subsequent analysis, with
all design recommendations contained
therein incorporated into the improvement
plans for SMP 39 or SMP 40, whichever is
developed second as part of the proposed
project. Incorporation of the design
recommendations to increase the Airport Lift
Station pumping capacity shall be submitted
for review and aooroval to the City Enqineer.
Transportation
Monitoring
Aaencv
Prior to grading permit issuance for the SMP City Engineer 39 and SMP 40 sites, as well as the chosen
off-site trail connection option, the project
applicant shall prepare a Construction
Traffic Management Plan for review and
approval by the City Engineer. The plan shall
include the following:
• A project staging plan to maximize
on-site storage of materials and
equipment;
• A set of comprehensive traffic control
measures, including scheduling of
Implementation
Schedule Sian-off
Prior to grading
permit issuance for
the SMP 39 and
SMP 40 sites, as
well as the chosen
off-site trail
connection option
Mitigation Monitoring and Reporting Program
EXHIBIT B
945
Impact
Number
4.8-3
IL
SMP 39/SMP 40 Project
March 2024
MITIGATION MONITORING AND REPORTING PROGRAM
SMP 39/SMP 40 Project
ImDact
Conflict or be 4.8-3
inconsistent with CEQA
Guidelines Section
15064.3, subdivision (b ).
Mitiaation Measure
major truck trips and deliveries to
avoid peak hours; lane closure
proceedings; signs, cones and other
warning devices for drivers; and
designation of construction access
routes;
• Provisions for maintaining adequate
emergency access to the project site;
• Permitted construction hours, per
City of Livermore standards;
• Designated locations for construction
staging areas;
• Identification of parking areas for
construction employees, site visitors,
and inspectors, including on-site
locations;
• Signs posted at the entrances to the
construction sites noting who to
contact if there are questions or
concerns, along with a contact phone
number; and
• Provisions for street sweeping to
remove construction-related debris
on public streets.
Monitoring
Aaencv
Prior to the issuance of the first building City of
permit, the project applicant shall be Livermore
required to develop a Transportation Engineering
Demand Management (TOM) Program for Division
SMP 39 and SMP 40. The TOM Program
shall be monitored by the project Chief Building
applicant/operator on an annual basis to Official
determine the efficacy of the selected TOM
strategies in achieving the reduction below
the regional average VMT per employee of
Implementation
Schedule Sian-off
Prior to the
issuance of the first
building permit
Mitigation Monitoring and Reporting Program
EXHIBIT B
946
Impact
Number
IL
ImDact
MITIGATION MONITORING AND REPORTING PROGRAM
SMP 39/SMP 40 Project
SMP 39/SMP 40 Project
March 2024
Monitoring
Aaencv
Implementation
Mitiaation Measure
three percent (i.e., the performance target).
An Annual Status Report on the TOM
Program shall be submitted to the City of
Livermore Engineering Division beginning a
year after the issuance of any certificate of
occupancy and shall include details on the
TOM strategies, including an Employer
Carpool Program which has a goal to reduce
VMT per employee by approximately four
percent and, thus, would meet and exceed
the performance target. The Employer
Carpool Program shall implement a
ridesharing program and establish a
permanent transportation management
association with funding requirements for
employers. Data shall be collected in
October of each year and the Annual Status
Report shall be submitted by December 31st
of each year. The report shall be prepared in
the form and format designated by the City.
The data shall include project-generated
VMT estimates compatible with the
methodology used to estimate the
benchmark VMT so that performance
comparisons can be made. If the Annual
Status Report demonstrates that the project
is not in compliance with the performance
target set forth in this mitigation measure,
the project must incorporate additional TOM
strategies to meet the performance target in
coordination with City staff. The project
applicant/operator may propose new TOM
strategies that develop over time to further
reduce project-qenerated VMT if substantial
Schedule Sian-off
Mitigation Monitoring and Reporting Program
EXHIBIT B
947
Impact
Number
1-a,b.
VII-a.iii,
a.iv,c,d.
IL
SMP 39/SMP 40 Project
March 2024
MITIGATION MONITORING AND REPORTING PROGRAM
SMP 39/SMP 40 Project
ImDact
Would the project have a 1-1.
substantial adverse effect
on a scenic vista?
Would the project
substantially damage
scenic resources,
including, but not limited
to, trees, rock
outcroppings, and
historic buildings within a
State scenic highway?
Would the project directly Vll-1.
or indirectly cause
potential substantial
adverse effects, including
the risk of loss, injury, or
death involving: seismicrelated ground failure,
including liquefaction or
landslides?
Mitiaation Measure
evidence is provided to support the efficacy
of the strategy. If the Annual Status Reports
demonstrate that the performance target has
been achieved for five consecutive years
once SMP 39 and SMP 40 are both fully
occupied and operational, the project shall
no longer need to provide annual reporting.
The five-year reporting requirement shall
reset when a new use occupies any portion
of the SMP 39 or SMP 40 property.
Initial Study
Monitoring
Aaencv
In the event that Trail Connection Option 3 - City of
Overcrossing of Isabel Avenue/SR 84 is the Livermore
selected Trail Connection Option for the Community
proposed project, improvement plans Development
associated with the proposed above-grade Department
crossing shall be submitted to the City's
Community Development Department for
review and approval to ensure that the
proposed above-grade crossing is
constructed using soft earth tone colors that
help the bridge blend in with the surrounding
landscape.
All grading and foundation plans for the City Engineer
development shall be designed by a Civil
and Structural Engineer and reviewed and Chief Building approved by the City Engineer, Chief Official
Building Official, and a qualified
Geotechnical Engineer prior to the issuance Qualified
of building permits or grading permits, Geotechnical
whichever comes first, to ensure that all Engineer
geotechnical recommendations specified in
the geotechnical recommendations
Implementation
Schedule Sian-off
In the event that
Trail Connection
Option 3 is the
selected trail
connection option
for the proposed
project
Prior to issuance of
building permits or
grading permits,
whichever comes
first
Mitigation Monitoring and Reporting Program
EXHIBIT B
948
Impact
Number
IL
SMP 39/SMP 40 Project
March 2024
MITIGATION MONITORING AND REPORTING PROGRAM
SMP 39/SMP 40 Project
ImDact
Would the project be
located on a geologic
unit or soil that is
unstable, or that would
become unstable as a
result of the project, and
potentially result in on- or
off-site landslide, lateral
spreading, subsidence,
liquefaction or collapse?
Would the project be
located on expansive
soil, as defined in Table
18-1B of the Uniform
Building Code (1994),
creating substantial direct
or indirect risks to life or
property?
V/1-2.
Mitiaation Measure
specified in the Geotechnical Investigation
prepared for the proposed project by
Cornerstone Earth Group are properly
incorporated and utilized in the project
design.
In the event that Trail Connection Option 2 -
Undercrossing at Isabel Bridge or Trail
Connection Option 3 - Overcrossing of
Isabel Avenue/SR 84 is the selected Trail
Connection Option for the proposed project,
in conjunction with the submittal of
improvement plans associated with the
proposed above-grade crossing, a final
design-level geotechnical report shall be
prepared and submitted to the City for review
and approval. The site-specific geotechnica/
report shall be prepared by a Stateregistered civil engineer with the purpose of observing and sampling the subsurface
conditions encountered at the proposed
undercrossing or above-grade crossing sites
and providing conclusions and
recommendations relative to each crossing,
as proposed. The recommendations
presented therein shall be based on analysis
of the data obtained during the geotechnical
investigation and the local experience of the
civil engineer regarding similar soil and
geologic conditions. All recommendations
set forth in the final design-level
geotechnical report shall be appropriately
incorporated into the desiqn of the project
Monitoring
Aaencv
City Engineer
Implementation
Schedule
In the event that
Trail Connection
Option 2 or Trail
Connection Option
3 is the selected
trail connection
option for the
proposed project in
conjunction with the
submittal of
improvement plans
associated with the
proposed abovegrade crossing
Sian-off
Mitigation Monitoring and Reporting Program
EXHIBIT B
949
Impact
Number
Vll-f.
IL
SMP 39/SMP 40 Project
March 2024
MITIGATION MONITORING AND REPORTING PROGRAM
SMP 39/SMP 40 Project
ImDact
Directly or indirectly
destroy a unique
paleontological resource
or site or unique geologic
feature?
V/1-3.
Mitiaation Measure
and shall be subject to review and approval
by the City Engineer.
The applicant shall retain the services of a
professional paleontologist to educate the
construction crew that will be conducting
grading and excavation at the project site, as
well as the off-site trail improvement areas.
The education shall consist of an
introduction to the geology of the project site
and the kinds of fossils that may be
encountered, as well as what to do in case
of a discovery. Should any vertebrate fossils
(e.g., teeth, bones), an unusually large or
dense accumulation of intact invertebrates,
or well-preserved plant material (e.g.,
leaves) be unearthed by the construction
crew, then ground-disturbing activity shall be
diverted to another part of the project site
and the paleontologist shall be called on-site
to assess the find and, if significant, recover
the find in a timely matter. Finds determined
significant by the paleontologist shall then be
conserved and deposited with a recognized
repository, such as the University of
California Museum of Paleontology. The
alternative mitigation would be to leave the
significant finds in place, determine the
extent of significant deposit, and avoid
further disturbance of the significant deposit.
Proof of the construction crew awareness
training shall be submitted to the City's
Community Development Department in the
form of a copy of training materials and the
completed training attendance roster.
Monitoring
Aaencv
City of
Livermore
Community
Development
Department
Implementation
Schedule
Prior to any grounddisturbing activities
Sian-off
Mitigation Monitoring and Reporting Program
EXHIBIT B
950
Impact
Number
IX-b.
IL
SMP 39/SMP 40 Project
March 2024
MITIGATION MONITORING AND REPORTING PROGRAM
SMP 39/SMP 40 Project
ImDact
Create a significant
hazard to the public or
the environment through
reasonably foreseeable
upset and accident
conditions involving the
likely release of
hazardous materials into
the environment?
IX-1.
IX-2.
Mitiaation Measure
Prior to any ground-disturbing activities, the
groundwater well observed along the
western boundary of SMP 39 shall be
assessed to determine whether it is located
on-site. If the well is determined to be
located on-site, the project applicant shall
hire a licensed contractor to obtain the
applicable abandonment permit from
Alameda County Department of
Environmental Health (ACDEH), and
properly abandon the on-site well for review
and approval by the ACDEH.
In addition, the licensed contractor shall
contact Zone 7 regarding its well located
towards the middle of the SMP 39 site, and
if feasible, obtain the applicable
abandonment permit from ACDEH to
properly abandon the well. Alternatively, if
required by Zone 7, the applicant shall
implement other measures identified by
Zone 7, such as providing any necessary
upgrades or adjustments to the well and/or
well box elevation to match the final grade.
Monitoring
Aaencv
Alameda
County
Department of
Environmental
Health
(ACDEH)
City of
Livermore
Community
Development
Department
In the event that Trail Connection Option 2 - City of
Undercrossing at Isabel Bridge or Trail Livermore
Connection Option 3 - Overcrossing of Community
Isabel Avenue/SR 84 is the selected Trail Development
Connection Option for the proposed project, Department
in conjunction with the submittal of
improvement plans associated with the
proposed above-grade crossing, a Phase I
Environmental Site Assessment (ESA) shall
Implementation
Schedule
Prior to any grounddisturbing activities
In the event that
Trail Connection
Option 2 or Trail
Connection Option
3 is the selected
trail connection
option for the
proposed project in
conjunction with the
Sian-off
Mitigation Monitoring and Reporting Program
EXHIBIT B
951
Impact
Number ImDact
IL
SMP 39/SMP 40 Project
March 2024
MITIGATION MONITORING AND REPORTING PROGRAM
SMP 39/SMP 40 Project
Monitoring Implementation
Mitiaation Measure Aaencv Schedule Sian-off
be prepared and submitted to the City for submittal of
review and approval. The Phase I improvement plans
Environmental Site Assessment (ESA) shall associated with the be prepared by a licensed contractor with the proposed abovepurpose of observing and assessing the grade crossing conditions encountered at the proposed
undercrossing or above-grade crossing sites
and providing conclusions and
recommendations relative to any hazardous
conditions or materials identified on-site. All
recommendations set forth in the Phase I
Environmental Site Assessment (ESA) shall
be appropriately incorporated into the project
and shall be subject to review and approval
by the City of Livermore Community
Development Department.
Mitigation Monitoring and Reporting Program
EXHIBIT B
952
Impact
Number
4.3-3
Final EIR
SMP 39/SMP 40 Project
January 2024
MITIGATION MONITORING AND REPORTING PROGRAM
SMP 39 /SMP 40 Project
ImDact
Have a substantial
adverse effect on any
riparian habitat or other
sensitive natural
community identified in
local or regional plans,
policies, regulations or by
the CDFW or USFWS, or
State or Federally
protected wetlands
(including, but not limited
to, marsh, vernal pool,
coastal, etc.) through
direct removal, filling,
hydrological interruption,
or other means.
Mitiaation Measure
Trail Connection Option 2 - Undercrossing at
Isabel Bridge
4.3-3(a) Prior to the initiation of ground-disturbing
activities, the project applicant shall submit a
formal wetland delineation to the USA CE for
Trail Connection Option 2 for verification to
determine the extent of all hydrological
features, their jurisdictional status, and the
extent of any impacts resulting from the
proposed project. A copy of the wetland
delineation and USAGE verification letter
shall be submitted to the City of Livermore
Community Development Department. If
Trail Connection Option 2 will result in
impacts to features under the USACE's
jurisdiction, Mitigation Measure 4.3-3(e)
shall be required.
Trail Connection Option 2 - Undercrossing at
Isabel Bridge
4.3-3(b) In the event that Trail Connection Option 2-
Undercrossing at Isabel Bridge is the
selected Trail Connection Option for the
proposed project, implement Mitigation
Measures 4.5-1 and 4.5-2 related to the
preparation of a SWPPP and final
Stormwater Control Plan and Maintenance
Plan during project construction and
operations, respectively.
SMP 40 and Trail Connection Option 2
Monitoring
Aaencv
City of
Livermore
Community
Development
Department
USACE
Implementation
Schedule
Prior to initiation of
g round-disturbing
activities
City's Public Prior to the
Works Director issuance of any
grading permits
City Engineer
City of
Livermore
Public Works
Department
4.3-3(c) Prior to the commencement of ground- City of Prior to Livermore commencement of
Sian-off
Chapter 4 - Mitigation Monitoring and Reporting Program
EXHIBIT B
953
Impact
Number Impact
Final EIR
SMP 39/SMP 40 Project
-----------------------January -- 2024
MITIGATION MONITORING AND REPORTING PROGRAM
SMP 39/SMP 40 Project
Mitigation Measure
disturbing activities for SMP 40 or Trail
Connection Option 2, if selected, the project
contractor shall notify CDFW pursuant to
Section 1600 of the CFGC. The notification
shall include a description of all of the
activities associated with the proposed
project, not just those associated with the
drainages and/or riparian vegetation.
Impacts shall be outlined in the notification
and are expected to be in substantial
conformance with the impacts to biological
resources outlined in the Biological
Resources Assessments prepared for SMP
40 by Monk & Associates. Impacts for each
activity shall be broken down by temporary
and permanent impacts. A description of the
proposed mitigation for biological resource
impacts shall be outlined per activity and
then by temporary and permanent impact.
Information regarding project-specific
drainage and hydrology changes resulting
from project implementation shall be
provided, as well as a description of
stormwater treatment methods. Minimization
and avoidance measures shall be proposed,
as appropriate, and may include the
following:
• To avoid fuels, lubricants, soils and
other pollutants from entering Arroyo
Macho, wildlife friendly hay wattles
(that is, no mono-filament netting)
and silt fencing shall be installed at
Monitoring
Agencv
Community
Development
Department
Implementation
Schedule
g round-disturbing
activities for SMP
40 or Trail
Connection Option
2 (if selected)
Sign-off
Chapter 4 - Mitigation Monitoring and Reporting Program
EXHIBIT B
954
Impact
Number Impact
Final EIR
SMP 39/SMP 40 Project
-----------------------January -- 2024
MITIGATION MONITORING AND REPORTING PROGRAM
SMP 39/SMP 40 Project
Monitoring
Agencv
Implementation
Mitigation Measure
the top of bank. The use of mulch or
any other substitute that may enter
into the creek shall be prohibited.
• Staging, operation and maintenance
of heavy duty construction equipment
shall be located away from Arroyo
Mocho at all times and well outside of
the riparian corridor unless the
equipment is needed to specifically
work on the realignment of Arroyo
Mocho or the outfalls for the project.
• To mitigate for any impacts to the
riparian corridor of Arroyo Mocho,
disturbed areas shall be revegetated
with native riparian plant species.
Replacement of riparian trees to be
removed shall be planted near the
creek as feasible and/or adjacent to
the existing limits of the riparian
corridor to contribute to the existing
riparian canopy. Riparian plantings
shall be maintained for a minimum of
5 years to ensure that the canopy is
enhanced and the understory
restored.
• Non-native and invasive ornamental
landscaping shall be precluded from
use proximate to Arroyo Mocho.
• To avoid debris from entering Arroyo
Mocho, the final project design shall
provide for enclosed and accessible
trash receptacles (located outside of
the riparian corridor).
Schedule Sign-off
Chapter 4 - Mitigation Monitoring and Reporting Program
EXHIBIT B
955
Impact
Number Impact
Final EIR
SMP 39/SMP 40 Project
-----------------------January -- 2024
MITIGATION MONITORING AND REPORTING PROGRAM
SMP 39/SMP 40 Project
Mitigation Measure
• New lighting introduced by the project
shall be downcast and precluded
from spilling over to the riparian
corridor as direct lighting along creek
corridors has a negative impact on
nocturnal wildlife.
Mitigation shall not result in a net loss of a
Sensitive Natural Community. Written
verification of Section 1600 of the LSAA shall
be submitted to the City of Livermore
Community Development Department.
Trail Connection Option 2 - Undercrossing at
Isabel Bridge
Monitoring
Agencv
4.3-3(d) Prior to the initiation of groundbreaking The San activity associated with Trail Connection Francisco Bay Option 2, if selected, the project applicant Regional
shall ensure that authorization pursuant to Water Quality the Clean Water Act (CWA) Section 401 Control board
from the San Francisco Bay Regional Water (RWQCB)
Quality Control board (RWQCB) is obtained.
If Trail Connection Option 2 will result in
impacts to features under the RWQCB's
jurisdiction, the construction contractor shall
adhere to all conditions outlined in the
permit. The project applicant shall ensure
that the proposed project replaces, restores,
or enhances on a "no net loss" basis (in
accordance with the RWQCB) the acreage
of all riparian habitat and waters of the State
that would be removed, lost, and/or
Implementation
Schedule Sign-off
Prior to the initiation
of ground-breaking
activity associated
with Trail
Connection Option
2 (if selected)
Chapter 4 - Mitigation Monitoring and Reporting Program
EXHIBIT B
956
Impact
Number
4.4-2
Final EIR
SMP 39/SMP 40 Project
-----------------------January -- 2024
MITIGATION MONITORING AND REPORTING PROGRAM
SMP 39/SMP 40 Project
Impact
Cause a substantial
adverse change in the
Mitigation Measure
degraded due to project implementation by
methods agreeable to the RWQCB and the
City, as appropriate, depending on agency
jurisdiction, and as determined during the
Section 401 permitting processes. Methods
include, but are not limited to implementation
of a riparian enhancement planting plan
and/or tree planting mitigation at a 1:1 ratio,
or as otherwise prescribed by the RWQCB.
Monitoring
Agencv
Trail Connection Option 2 - Undercrossing at
Isabel Bridge
4.3-3(e) If it is determined that work below the OHWM City of
4.4-2
cannot be avoided for Trail Connection Livermore
Option 2, prior to the issuance of grading Community
permits, the project applicant shall apply for Development a CWA Section 404 permit from the USAGE. Department
Waters that would be lost or disturbed shall
be restored, replaced, or rehabilitated on a USAGE
"no-net-loss" basis. Habitat restoration,
rehabilitation, and/or replacement, including
the purchase of credits from a USAGE
approved mitigation bank at a 1: 1 ratio, shall
be at a location and by methods acceptable
to the USAGE. Documentation of
compliance with the provisions set forth
herein shall be submitted to the City of
Livermore Community Development
Deoartment for verification.
Cultural and Tribal Cultural Resources
In the event a potentially significant cultural The
resource is encountered during subsurface Confederated
Implementation
Schedule Sign-off
Prior to issuance of
grading permits, if it
is determined that
work below the
Ordinary High
Water Mark
(OHWM) cannot be
avoided for Trail
Connection Option
2 (if selected)
In the event a
potentially
Chapter 4 - Mitigation Monitoring and Reporting Program
EXHIBIT B
957
Impact
Number
Final EIR
SMP 39/SMP 40 Project
-------------------------- January 2024
MITIGATION MONITORING AND REPORTING PROGRAM
SMP 39/SMP 40 Project
Impact
significance of a unique
archeological resource
pursuant to CEQA
Guidelines, Section
15064.5.
Mitigation Measure
earthwork activities, all construction
activities within a 100-foot radius of the find
shall cease and workers shall avoid altering
the materials until an archaeologist who
meets the Secretary of the Interior's
Professional Qualification Standards for
archaeology has evaluated the find. The
project applicant shall include a standard
inadvertent discovery clause in every
construction contract to inform contractors of
this requirement. The qualified archeologist
shall make recommendations to the City of
Livermore on the measures that shall be
implemented to protect the discovered
resources, including, but not limited to,
culturally appropriate temporary and
permanent treatment, which may include
avoidance of cultural resources, in-place
preservation, and/or reburial on the project
site so the resource(s) are not subject to
further disturbance in perpetuity. In addition,
The Confederated Villages of Lisjan shall be
notified of the discovery. If avoidance is
determined to be infeasible, pursuant to
CEQA Guidelines Section 15126.4(b)(3)(C),
a data recovery plan, which makes
provisions for adequately recovering the
scientifically consequential information from
and about the historical resource, shall be
prepared and adopted prior to any
excavation being undertaken. If necessary,
excavation and evaluation of the finds shall
Monitoring
Agencv
Villages of
Lisjan
City of
Livermore
Community
Development
Department
The Northwest
Information
Center (NWIC)
The State
Historic
Preservation
Office (SHPO)
Implementation
Schedule
significant cultural
resource is
encountered during
subsurface
earthwork activities
Sign-off
Chapter 4 - Mitigation Monitoring and Reporting Program
EXHIBIT B
958
Impact
Number
4.4-3
Final EIR
SMP 39/SMP 40 Project
-----------------------January -- 2024
MITIGATION MONITORING AND REPORTING PROGRAM
SMP 39/SMP 40 Project
Impact
Disturb any human 4.4-3
remains, including those
interred outside of
dedicated cemeteries.
Mitigation Measure
comply with Section 15064.5 of the CEQA
Guidelines.
Potentially significant archaeological site
indicators include obsidian and chert flakes
and chipped stone tools; grinding and
mashing implements (e.g., slabs and
handstones and mortars and pestles);
bedrock outcrops and boulders with mortar
cups; and locally darkened midden soils.
Midden soils may contain a combination of
any of the previously listed items with the
possible addition of bone and shell remains,
and fire-affected stones. Any previously
undiscovered resources found during
construction within the project site shall be
recorded on appropriate Department of
Parks and Recreation (DPR) 523 forms and
will be submitted to the City of Livermore, the
Northwest Information Center (NWIC), and
the State Historic Preservation Office
(SHPO), as required.
Monitoring
Agencv
In the event of the accidental discovery or Alameda
recognition of any human remains, further County
excavation or disturbance of the find or any Coroner
nearby area reasonably suspected to overlie
adjacent human remains shall not occur until Native
compliance with the provisions of CEQA American
Guidelines Section 15064.5(e)(1) and (2) Heritage
has occurred. The Guidelines specify that in Commission the event of the discovery of human remains (NAHC)
other than in a dedicated cemetery, no
further excavation at the site or any nearby
Implementation
Schedule Sign-off
In the event of the
accidental discovery
or recognition of any
human remains
Chapter 4 - Mitigation Monitoring and Reporting Program
EXHIBIT B
959
Impact
Number Impact
Final EIR
SMP 39/SMP 40 Project
-----------------------January -- 2024
MITIGATION MONITORING AND REPORTING PROGRAM
SMP 39/SMP 40 Project
Mitigation Measure
area suspected to contain human remains
shall occur until the Alameda County
Coroner has been notified to determine if an
investigation into the cause of death is
required. If the County Coroner determines
that the remains are Native American, then,
within 24 hours, the Coroner must notify the
Native American Heritage Commission
(NAHC), which in tum will notify the most
likely descendants who may recommend
treatment of the remains and any grave
goods. The potential exists that the NAHC
may be unable to identify a most likely
descendant, the most likely descendant fails
to make a recommendation within 48 hours
after notification by the NAHC, or the
landowner or his authorized agent rejects
the recommendation by the most likely
descendant and mediation by the NAHC fails
to provide a measure acceptable to the
landowner. In such case, the landowner or
his authorized representative shall rebury
the human remains and grave goods with
appropriate dignity at a location on the
property not subject to further disturbances.
Should human remains be encountered, a
copy of the resulting County Coroner report
noting any written consultation with the
NAHC shall be submitted as proof of
compliance to the City of Livermore
Communitv Development Department.
Monitoring
Agencv
City of
Livermore
Community
Development
Department
Implementation
Schedule Sign-off
Chapter 4 - Mitigation Monitoring and Reporting Program
EXHIBIT B
960
Impact
Number
4.4-4
4.5-1
Final EIR
SMP 39/SMP 40 Project
-----------------------January -- 2024
MITIGATION MONITORING AND REPORTING PROGRAM
SMP 39/SMP 40 Project
Impact
Cause a substantial
adverse change in the
significance of a tribal
cultural resource, defined
in PRC Section 21074.
4.4-4
Violate any water quality 4.5-1
standards or waste
discharge requirements
or otherwise substantially
degrade water quality
during construction.
Mitigation Measure
Implement Mitigation Measures 4.4-2 and
4.4-3.
Hydrology and Water Quality
Monitoring
Agencv
See Mitigation
Measures 4.4-
2 and 4.4-3
Prior to issuance of any grading permits, the City of
contractor shall prepare a Storm Water Livermore
Pollution Prevention Plan (SWPPP) for Public Works
review and approval by the San Francisco Director
Bay RWQCB. The contractor shall file the
Notice of Intent (NOi) and associated fee to City Engineer the SWRCB. A separate SWPPP shall be
prepared for SMP 39 and SMP 40 (including
the off-site trail connection area) if the
components of the project are not
constructed concurrently. The SWPPP shall
serve as the framework for identification,
assignment, and implementation of BMPs.
The contractor shall implement BMPs to
reduce pollutants in stormwater discharges
to the maximum extent practicable.
Construction (temporary) BMPs for the
project may include, but are not limited to:
fiber rolls, straw bale barrier, straw wattles,
storm drain inlet protection, velocity
dissipation devices, silt fences, wind erosion
control, stabilized construction entrance,
hydroseeding, revegetation techniques, and
dust control measures. The SWPPP shall be
submitted to the City's Director of Public
Works and the Citv Enaineer for review and
Implementation
Schedule
See Mitigation
Measures 4.4-2 and
4.4-3
Prior to issuance of
any grading permits
Sign-off
Chapter 4 - Mitigation Monitoring and Reporting Program
EXHIBIT B
961
Impact
Number
4.5-2
Final EIR
SMP 39/SMP 40 Project
-----------------------January -- 2024
MITIGATION MONITORING AND REPORTING PROGRAM
SMP 39/SMP 40 Project
Impact
Violate any water quality
standards or waste
discharge requirements
or otherwise substantially
degrade water quality
during operations.
4.5-2(a)
Mitigation Measure
approval and shall remain on the project site
during all phases of construction. Following
implementation of the SWPPP, the
contractor shall subsequently demonstrate
the SWPPP's effectiveness and provide for
necessary and appropriate revisions,
modifications, and improvements to reduce
pollutants in stormwater discharges to the
maximum extent practicable.
Prior to approval of final project improvement
plans for SMP 39, SMP 40, and the selected
off-site trail connection option, a final
Stormwater Control Plan and Maintenance
Plan shall be submitted to the City Director
of Public Works, and the City Engineer for
review and approval. A separate Stormwater
Control Plan and Maintenance Plan shall be
prepared for SMP 39, SMP 40, and the
selected off-site trail connection option, if the
components of the project are not
constructed concurrently. The final
Stormwater Control Plan and Maintenance
Plan shall be in compliance with all
applicable provisions of the C. 3 Standards,
and shall meet the standards of the
California Stormwater Quality Association
(CASQA) Stormwater BMP Handbook for
New Development and Redevelopment. Site
design measures, source control measures,
hydromodification management, and Low
Impact Development (LID) standards, as
necessary, shall be incorporated into the
design and shown on the improvement
Monitoring
Agencv
City of
Livermore
Public Works
Director
City Engineer
City of
Livermore
Public Works
Department
Implementation
Schedule
Prior to approval of
final project
improvement plans
for SMP 39, SMP
40, and the selected
off-site trail
connection option
Sign-off
Chapter 4 - Mitigation Monitoring and Reporting Program
EXHIBIT B
962
Impact
Number
4.5-4
Final EIR
SMP 39/SMP 40 Project
-----------------------January -- 2024
MITIGATION MONITORING AND REPORTING PROGRAM
SMP 39/SMP 40 Project
Impact
Substantially alter the
existing drainage pattern
of the site or area,
including through the
alteration of the course of
a stream or river or
through the addition of
impervious surfaces, in a
manner which would:
substantially increase the
rate or amount of surface
runoff in a manner which
would result in flooding
on- or off-site; create or
contribute runoff water
which would exceed the
capacity of existing or
planned stormwater
drainage systems or
provide substantial
4.5-2(b)
4.5-4
Mitigation Measure
plans. The final plans shall include
calculations demonstrating that the water
quality BMPs are appropriately sized, using
methodology in the CASQA Stormwater
BMP Handbook for New Development and
Redevelopment. The final plans shall be
submitted to the Public Works Department
for review and approval.
Implement Mitigation Measures 4.3-3(b)
through 4.3-3(e).
Prior to approval of final project improvement
plans for SMP 39, SMP 40, and the selected
off-site trail connection option, a final
drainage plan shall be submitted to the City
Director of Public Works, and the City
Engineer for review and approval
demonstrating the project's compliance
with all State stormwater standards and
requirements. A separate drainage plan
shall be prepared for SMP 39, SMP 40, and
the selected off-site trail connection option, if
the components of the project are not
constructed concurrently. The final drainage
plan shall identify the water quality treatment
and source control measures needed to
ensure that stormwater runoff from the
proposed project is adequately treated and
peak flows do not exceed the capacity of the
receiving storm drainage system.
Monitoring
Agencv
See Mitigation
Measures 4.3-
3(b) through
4.3-3(e)
City of
Livermore
Public Works
Director
City Engineer
Implementation
Schedule Sign-off
See Mitigation
Measures 4.3-3(b)
through 4.3-3(e)
Prior to approval of
final project
improvement plans
for SMP 39, SMP
40, and the selected
off-site trail
connection option
Chapter 4 - Mitigation Monitoring and Reporting Program
EXHIBIT B
963
Impact
Number
4.5-5
4.6-1
Final EIR
SMP 39/SMP 40 Project
-----------------------January -- 2024
MITIGATION MONITORING AND REPORTING PROGRAM
SMP 39/SMP 40 Project
Impact
additional sources of
polluted runoff; or result
in substantial erosion or
siltation on- or off-site.
Substantially alter the 4.5-5
existing drainage pattern
of the site or area,
including through the
alteration of the course of
a stream or river or
through the addition of
impervious surfaces, in a
manner which would
impede or redirect flood
flows, or in flood hazard,
tsunami, or seiche zone,
risk release of pollutants
due to oroiect inundation.
Generation of a 4.6-1
substantial temporary
increase in ambient noise
levels in the vicinity of the
project in excess of
standards established in
the local general plan or
noise ordinance, or
applicable standards of
other agencies.
Mitigation Measure
Monitoring
Agencv
Prior to Building Permit issuance for SMP 39 Federal
(if buildings are determined to be within a Emergency
SFHA) and SMP 40, the City or applicant Management
shall obtain from the Federal Emergency Agency
Management Agency (FEMA), a Letter of
Map Revision (LOMR). Chief Building
Official
Noise
Prior to issuance of a grading permit for the City of
chosen off-site trail connection option, the Livermore
project applicant shall prepare a Community
construction noise management plan that Development
identifies measures to be taken to minimize Department
construction noise on surrounding sensitive
land uses and include specific noise
management measures to be included
within the plans and specifications for the
trail connection option, subject to review and
approval by the City of Livermore
Community Development Department. The
project aoolicant shall demonstrate, to the
Implementation
Schedule Sign-off
Prior to Building
Permit issuance for
SMP 39 (if buildings
are determined to
be within a Special
Flood Hazard Zone
[SFHA]) and SMP
40 Prior to issuance of
a grading permit for
the chosen off-site
trail connection
option
Chapter 4 - Mitigation Monitoring and Reporting Program
EXHIBIT B
964
Impact
Number Impact
Final EIR
SMP 39/SMP 40 Project
-----------------------January -- 2024
MITIGATION MONITORING AND REPORTING PROGRAM
SMP 39/SMP 40 Project
Monitoring
Agencv
Implementation
Mitigation Measure
satisfaction of the City, that the project
complies with the following:
• All heavy construction equipment
used on the proposed project shall be
maintained in good operating
condition, with all internal
combustion, engine-driven
equipment fitted with intake and
exhaust mufflers that are in good
condition.
• All mobile or fixed noise producing
equipment used on the proposed
project that is regulated for noise
output by a local, state, or federal
agency shall comply with such
regulations while involved with a
project activity.
• Where feasible, electrically-powered
equipment shall be used instead of
pneumatic or internal combustion
powered equipment.
• All stationary noise-generating
equipment shall be located as far
away as possible from the nearest
residential uses.
• Signs prohibiting unnecessary idling
of internal combustion engines shall
be posted at entrances to
construction sites and at construction
equipment staging areas.
• The use of noise-producing signals,
including horns, whistles, alarms and
Schedule Sign-off
Chapter 4 - Mitigation Monitoring and Reporting Program
EXHIBIT B
965
Final EIR
SMP 39/SMP 40 Project
-----------------------January -- 2024
MITIGATION MONITORING AND REPORTING PROGRAM
SMP 39/SMP 40 Project
Impact
Number Impact
4. 7-8 Increase in demand for
utilities and service
systems associated with
the proposed project, in
combination with future
buildout of the Livermore
General Plan.
Monitoring
Mitigation Measure Agencv
bells shall be for safety warning
purposes only.
• The use of temporary sound barriers
shall be incorporated along the outer
work area of the construction site,
east of Isabel Avenue/SR 84. Barrier
height and location(s) shall be
determined by a qualified acoustical
engineer to ensure that the resultant
construction noise levels at the
nearest residence would meet the
applicable standard. The sound
barrier fencing shall consist of 0. 5-
inch plywood or minimum STC 27
sound curtains placed to shield
nearby sensitive receptors. The
plywood barrier shall be free from
gaps, openings, or penetrations to
ensure maximum performance.
Public Services, Utilities, and Service Systems
4. 7-B(a) Prior to approval of improvement plans, the City of project applicant shall pay the applicable Livermore
sewer fair share fees to the City of Livermore Community Community Development Department. Development
Payment of such fees shall be made in Department
compliance with Livermore Municipal Code
Chapter 13.28.
4. 7-B(b) In conjunction with submittal of improvement City of plans for SMP 39 or SMP 40, whichever is Livermore
developed second as part of the proposed Community
project, the project aoolicant shall submit an
Implementation
Schedule Sign-off
Prior to approval of
improvement plans
In conjunction with
submittal of
improvement plans
for SMP 39 or SMP
Chapter 4 - Mitigation Monitoring and Reporting Program
EXHIBIT B
966
Impact
Number Impact
Final EIR
SMP 39/SMP 40 Project
-----------------------January -- 2024
MITIGATION MONITORING AND REPORTING PROGRAM
SMP 39/SMP 40 Project
Mitigation Measure
analysis of the pumping capacity available at
the Airport Lift Station to convey additional
flows generated by SMP 39 and SMP 40.
The lift station capacity analysis shall be
prepared by a registered civil engineer.
According to the 2022 Airport Lift Station
Analysis prepared by West Yost Associates,
the City of Livermore has indicated that the
pumping capacity necessary to
accommodate SMP 39 and SMP 40 would
be 2,088 gallons per minute (gpm). The
subsequent evaluation shall confirm the
aforementioned estimate and be submitted
for review and approval to the City of
Livermore Community Development
Department.
If the Airport Lift Station pumping capacity is
determined to be inadequate, the project
applicant shall ensure the pumping capacity
is increased to the necessary gpm
determined by the subsequent analysis, with
all design recommendations contained
therein incorporated into the improvement
plans for SMP 39 or SMP 40, whichever is
developed second as part of the proposed
project. Incorporation of the design
recommendations to increase the Airport Lift
Station pumping capacity shall be submitted
for review and aooroval to the City Enqineer.
Monitoring
Agencv
Development
Department
Implementation
Schedule
40, whichever is
developed second
as part of the
proposed project
Sign-off
Chapter 4 - Mitigation Monitoring and Reporting Program
EXHIBIT B
967
Impact
Number
4.8-1
Final EIR
SMP 39/SMP 40 Project
-------------------------- January 2024
MITIGATION MONITORING AND REPORTING PROGRAM
SMP 39/SMP 40 Project
Impact
Conflict with a program, 4.8-1
plan, ordinance, or policy
addressing the circulation
system during
construction activities.
Mitigation Measure
Transportation
Monitoring
Agencv
Prior to grading permit issuance for the SMP City Engineer 39 and SMP 40 sites, as well as the chosen
off-site trail connection option, the project
applicant shall prepare a Construction
Traffic Management Plan for review and
approval by the City Engineer. The plan shall
include the following:
• A project staging plan to maximize
on-site storage of materials and
equipment;
• A set of comprehensive traffic control
measures, including scheduling of
major truck trips and deliveries to
avoid peak hours; lane closure
proceedings; signs, cones and other
warning devices for drivers; and
designation of construction access
routes;
• Provisions for maintaining adequate
emergency access to the project site;
• Permitted construction hours, per
City of Livermore standards;
• Designated locations for construction
staging areas;
• Identification of parking areas for
construction employees, site visitors,
and inspectors, including on-site
locations;
• Signs posted at the entrances to the
construction sites noting who to
Implementation
Schedule Sign-off
Prior to grading
permit issuance for
the SMP 39 and
SMP 40 sites, as
well as the chosen
off-site trail
connection option
Chapter 4 - Mitigation Monitoring and Reporting Program
EXHIBIT B
968
Impact
Number
4.8-3
Final EIR
SMP 39/SMP 40 Project
-----------------------January -- 2024
MITIGATION MONITORING AND REPORTING PROGRAM
SMP 39/SMP 40 Project
Impact
Conflict or be
inconsistent with CEQA
Guidelines Section
15064.3, subdivision (b).
4.8-3
Mitigation Measure
contact if there are questions or
concerns, along with a contact phone
number; and
• Provisions for street sweeping to
remove construction-related debris
on public streets.
Prior to the issuance of the first building
permit, the project applicant shall be
required to develop a Transportation
Demand Management (TOM) Program for
SMP 39 and SMP 40. The TOM Program
shall be monitored by the project
applicant/operator on an annual basis to
determine the efficacy of the selected TOM
strategies in achieving the reduction below
the regional average VMT per employee of
three percent (i.e., the performance target).
An Annual Status Report on the TOM
Program shall be submitted to the City of
Livermore Engineering Division beginning a
year after the issuance of any certificate of
occupancy and shall include details on the
TOM strategies, including an Employer
Carpool Program which has a goal to reduce
VMT per employee by approximately four
percent and, thus, would meet and exceed
the performance target. The Employer
Carpool Program shall implement a
ridesharing program and establish a
permanent transportation management
association with funding requirements for
employers. Data shall be collected in
October of each vear and the Annual Status
Monitoring
Agencv
City of
Livermore
Engineering
Division
Chief Building
Official
Implementation
Schedule
Prior to the
issuance of the first
building permit
Sign-off
Chapter 4 - Mitigation Monitoring and Reporting Program
EXHIBIT B
969
Impact
Number
1-a,b.
Final EIR
SMP 39/SMP 40 Project
-----------------------January -- 2024
MITIGATION MONITORING AND REPORTING PROGRAM
SMP 39/SMP 40 Project
Impact
Would the project have a 1-1.
substantial adverse effect
on a scenic vista?
Would the project
substantially damage
scenic resources,
Mitigation Measure
Report shall be submitted by December 31st
of each year. The report shall be prepared in
the form and format designated by the City.
The data shall include project-generated
VMT estimates compatible with the
methodology used to estimate the
benchmark VMT so that performance
comparisons can be made. If the Annual
Status Report demonstrates that the project
is not in compliance with the performance
target set forth in this mitigation measure,
the project must incorporate additional TOM
strategies to meet the performance target in
coordination with City staff. The project
applicant/operator may propose new TOM
strategies that develop over time to further
reduce project-generated VMT if substantial
evidence is provided to support the efficacy
of the strategy. If the Annual Status Reports
demonstrate that the performance target has
been achieved for three consecutive years
once SMP 39 and SMP 40 are both fully
occupied and operational, the project shall
no lonqer need to provide annual reportinq.
Initial Study
Monitoring
Agencv
In the event that Trail Connection Option 3 - City of
Overcrossing of Isabel A venue/SR 84 is the Livermore
selected Trail Connection Option for the Community
proposed project, improvement plans Development
associated with the proposed above-grade Department
crossing shall be submitted to the City's
Community Development Department for
Implementation
Schedule Sign-off
In the event that
Trail Connection
Option 3 is the
selected trail
connection option
for the proposed
project
Chapter 4 - Mitigation Monitoring and Reporting Program
EXHIBIT B
970
Impact
Number
VII-a.iii,
a.iv,c,d.
Final EIR
SMP 39/SMP 40 Project
-------------------------- January 2024
MITIGATION MONITORING AND REPORTING PROGRAM
SMP 39/SMP 40 Project
Impact
including, but not limited
to, trees, rock
outcroppings, and
historic buildings within a
State scenic hiQhway?
Would the project directly
or indirectly cause
potential substantial
adverse effects, including
the risk of loss, injury, or
death involving: seismicrelated ground failure,
including liquefaction or
landslides?
Would the project be
located on a geologic
unit or soil that is
unstable, or that would
become unstable as a
result of the project, and
potentially result in on- or
off-site landslide, lateral
spreading, subsidence,
liquefaction or collapse?
Would the project be
located on expansive
soil, as defined in Table
18-18 of the Uniform
Building Code (1994),
creating substantial direct
V/1-1.
V/1-2.
Mitigation Measure
review and approval to ensure that the
proposed above-grade crossing is
constructed using soft earth tone colors that
help the bridge blend in with the surrounding
landscape.
All grading and foundation plans for the
development shall be designed by a Civil
and Structural Engineer and reviewed and
approved by the City Engineer, Chief
Building Official, and a qualified
Geotechnical Engineer prior to the issuance
of building permits or grading permits,
whichever comes first, to ensure that all
geotechnical recommendations specified in
the geotechnical recommendations
specified in the Geotechnical Investigation
prepared for the proposed project by
Cornerstone Earth Group are properly
incorporated and utilized in the project
design.
In the event that Trail Connection Option 2 -
Undercrossing at Isabel Bridge or Trail
Connection Option 3 - Overcrossing of
Isabel Avenue/SR 84 is the selected Trail
Connection Option for the proposed project,
in conjunction with the submittal of
improvement plans associated with the
proposed above-grade crossing, a final
design-level geotechnical report shall be
prepared and submitted to the City for review
and approval. The site-specific geotechnical
report shall be prepared by a StateMonitoring
Agencv
City Engineer
Chief Building
Official
Qualified
Geotechnical
Engineer
City Engineer
Implementation
Schedule
Prior to issuance of
building permits or
grading permits,
whichever comes
first
In the event that
Trail Connection
Option 2 or Trail
Connection Option
3 is the selected
trail connection
option for the
proposed project in
conjunction with the
submittal of
improvement plans
associated with the
Sign-off
Chapter 4 - Mitigation Monitoring and Reporting Program
EXHIBIT B
971
Impact
Number
Vll-f.
Final EIR
SMP 39/SMP 40 Project
-------------------------- January 2024
MITIGATION MONITORING AND REPORTING PROGRAM
SMP 39/SMP 40 Project
Impact
or indirect risks to life or
property?
Directly or indirectly
destroy a unique
paleontological resource
or site or unique geologic
feature?
V/1-3.
Mitigation Measure
registered civil engineer with the purpose of
observing and sampling the subsurface
conditions encountered at the proposed
undercrossing or above-grade crossing sites
and providing conclusions and
recommendations relative to each crossing,
as proposed. The recommendations
presented therein shall be based on analysis
of the data obtained during the geotechnical
investigation and the local experience of the
civil engineer regarding similar soil and
geologic conditions. All recommendations
set forth in the final design-level
geotechnical report shall be appropriately
incorporated into the design of the project
and shall be subject to review and approval
by the City Enqineer.
The applicant shall retain the services of a
professional paleontologist to educate the
construction crew that will be conducting
grading and excavation at the project site, as
well as the off-site trail improvement areas.
The education shall consist of an
introduction to the geology of the project site
and the kinds of fossils that may be
encountered, as well as what to do in case
of a discovery. Should any vertebrate fossils
(e.g., teeth, bones), an unusually large or
dense accumulation of intact invertebrates,
or well-preserved plant material (e.g.,
leaves) be unearthed by the construction
crew, then ground-disturbing activity shall be
diverted to another part of the project site
Monitoring
Agencv
City of
Livermore
Community
Development
Department
Implementation
Schedule
proposed abovegrade crossing
Prior to any grounddisturbing activities
Sign-off
Chapter 4 - Mitigation Monitoring and Reporting Program
EXHIBIT B
972
Impact
Number
IX-b.
Final EIR
SMP 39/SMP 40 Project
-----------------------January -- 2024
MITIGATION MONITORING AND REPORTING PROGRAM
SMP 39/SMP 40 Project
Impact
Create a significant
hazard to the public or
the environment through
reasonably foreseeable
upset and accident
conditions involving the
likely release of
hazardous materials into
the environment?
IX-1.
Mitigation Measure
and the paleontologist shall be called on-site
to assess the find and, if significant, recover
the find in a timely matter. Finds determined
significant by the paleontologist shall then be
conserved and deposited with a recognized
repository, such as the University of
California Museum of Paleontology. The
alternative mitigation would be to leave the
significant finds in place, determine the
extent of significant deposit, and avoid
further disturbance of the significant deposit.
Proof of the construction crew awareness
training shall be submitted to the City's
Community Development Department in the
form of a copy of training materials and the
completed traininq attendance roster.
Prior to any ground-disturbing activities, the
groundwater well observed along the
western boundary of SMP 39 shall be
assessed to determine whether it is located
on-site. If the well is determined to be
located on-site, the project applicant shall
hire a licensed contractor to obtain the
applicable abandonment permit from
Alameda County Department of
Environmental Health (ACDEH), and
properly abandon the on-site well for review
and approval by the ACDEH.
In addition, the licensed contractor shall
contact Zone 7 regarding its well located
towards the middle of the SMP 39 site, and
if feasible, obtain the aoolicable
Monitoring
Agencv
Alameda
County
Department of
Environmental
Health
(ACDEH)
City of
Livermore
Community
Development
Department
Implementation
Schedule
Prior to any grounddisturbing activities
Sign-off
Chapter 4 - Mitigation Monitoring and Reporting Program
EXHIBIT B
973
Impact
Number Impact
Final EIR
SMP 39/SMP 40 Project
-----------------------January -- 2024
MITIGATION MONITORING AND REPORTING PROGRAM
SMP 39/SMP 40 Project
IX-2.
Mitigation Measure
abandonment permit from ACDEH to
properly abandon the well. Alternatively, if
required by Zone 7, the applicant shall
implement other measures identified by
Zone 7, such as providing any necessary
upgrades or adjustments to the well and/or
well box elevation to match the final grade.
Monitoring
Agencv
In the event that Trail Connection Option 2 - City of
Undercrossing at Isabel Bridge or Trail Livermore
Connection Option 3 - Overcrossing of Community
Isabel Avenue/SR 84 is the selected Trail Development
Connection Option for the proposed project, Department
in conjunction with the submittal of
improvement plans associated with the
proposed above-grade crossing, a Phase I
Environmental Site Assessment (ESA) shall
be prepared and submitted to the City for
review and approval. The Phase I
Environmental Site Assessment (ESA) shall
be prepared by a licensed contractor with the
purpose of observing and assessing the
conditions encountered at the proposed
undercrossing or above-grade crossing sites
and providing conclusions and
recommendations relative to any hazardous
conditions or materials identified on-site. All
recommendations set forth in the Phase I
Environmental Site Assessment (ESA) shall
be appropriately incorporated into the project
and shall be subject to review and approval
by the City of Livermore Community
Development Department.
Implementation
Schedule Sign-off
In the event that
Trail Connection
Option 2 or Trail
Connection Option
3 is the selected
trail connection
option for the
proposed project in
conjunction with the
submittal of
improvement plans
associated with the
proposed abovegrade crossing
Chapter 4 - Mitigation Monitoring and Reporting Program
EXHIBIT B
974
May 28, 2024
Updated: September 6, 2024
EXHIBIT B
975
SMP 39 and 40 Livermore
FINAL Transportation Demand Management Plan
Prepared for:
Prepared by:
(916) 214-4307
May 28, 2024
Updated: September 6, 2024
EXHIBIT B
976
TABLE OF CONTENTS
TDM EXECUTIVE SUMMARY ................................................................................................... i
1.0 INTRODUCTION AND PURPOSE................................................................................ 1 Transportation Demand Management Definition........................................................... 1
2.0 PROJECT DESCRIPTION............................................................................................. 2 Figure 1 – SMP 39 and 40 Livermore - Project Location Map...................................... 3 Table 1 – VMT Reduction Measures ................................................................................ 4 SECTION I – TDM INFRASTRUCTURE AND PHYSICAL MEASURES.............................................. 5
3.0 PEDESTRIAN CONNECTIONS (T-17)........................................................................... 5
4.0 BICYCLE AMENITIES (LUT-8) ..................................................................................... 5 Figure 2 – Existing and Proposed Trails........................................................................... 6 Figure 3 – City of Livermore Bikeways Map..................................................................... 7 Figure 4 – SMP 39 Bike Route to Livermore Transit Center............................................. 8 Figure 5 – SMP 40 Bike Route to Livermore Transit Center............................................. 8 Multi-Use Public Trail (T-18-A, B or T-19) ........................................................................ 8 Figure 6 – Preliminary SMP 40 Arroyo Bike Trail Connection & Bridge ........................... 9 Bicycle Storage (T-9) ........................................................................................................ 9 Long-Term Bicycle Parking (T-9) ...................................................................................... 9 Short-Term Bicycle Parking (T-9)...................................................................................... 9
5.0 TRANSIT INFRASTRUCTURE.................................................................................... 10 Figure 7 – SMP 39 & 40 Public Transit Access Map................................................... 10 Table 2 SMP 39 Transit Resources................................................................................. 11 Table 3 SMP 40 Transit Resources................................................................................. 11
6.0 PARKING MANAGEMENT....................................................................................... 11 Carpool, Clean Air, Vanpool, and Electric Vehicle Parking (T-7).................................... 11 Preferential Parking Space Placement (T-7) .................................................................. 12 Figure 8 – Wheels Bus Route 14 .............................................................................. 13 Figure 9 – Wheels Bus Route 10R ............................................................................ 14
7.0 PROJECT AMENITIES .............................................................................................. 15 On-site Amenities........................................................................................................... 15 Mobile and Delivery Services - Conceptual .................................................................... 15 Figure 10 – SMP 40 TDM Site Plan................................................................................. 16 Figure 11 – Illustrative for SMP 39 TDM Site Plan ......................................................... 17 SECTION II – PROGRAMMATIC TDM MEASURES................................................................... 18
8.0 APPLICANT-DRIVEN TDM MEASURES ..................................................................... 18 Carpool Program Guide for Tenants (T-7)...................................................................... 18 Transportation Commuter Kiosk (T-6) ........................................................................... 18 Commuter Resource Flier (T-6) ...................................................................................... 18 Figure 12 – Commuter Resource Flier............................................................................ 19
EXHIBIT B
977
Tenant Performance Language – Trip Reduction Goals ................................................ 20 TMA Coordination.......................................................................................................... 20
9.0 TENANT-DRIVEN TDM MEASURES.......................................................................... 20 Employee Transportation Coordinator (T-5).................................................................. 20 Guaranteed Ride Home Program (T-5).......................................................................... 23 Figure 13 – Guaranteed Ride Home Flier....................................................................... 24 Bay Area Commuter Benefits Program.......................................................................... 25 Participation in Annual Employee Commute Survey Effort (T-6)................................... 25 SECTION III – MONITORING AND REPORTING....................................................................... 26
10.0 MONITORING AND REPORTING (T-6) ..................................................................... 26 Annual Five-day Employee Commute Survey (T-6)........................................................ 26 Figure 14 – Sample Commute Survey Question............................................................. 27 Annual Evaluation Report (T-6)...................................................................................... 27
11.0 CONCLUSION......................................................................................................... 28
ATTACHMENT
Attachment 1: List of Local Mobile and Delivery Services Attachment 2: Alameda County Guaranteed Ride Home Guidelines Attachment 3: Sample Carpool Program Guide
TDM SPECIALISTS, INC. QUALIFICATIONS
EXHIBIT B
978
TDM EXECUTIVE SUMMARY
Traffic congestion, air pollution, and adequate parking are critical concerns for the City of Livermore. Traffic congestion results in time loss for residents and commuters and increases the demand for city fiscal resources for roadway construction and maintenance.
According to The Union of Concerned Scientists, "Today's motor vehicles are still responsible for up to half of all the emissions released into the air," reflects concerns about air pollution from transportation. The Union of Concerned Scientists mentions that nearly half of the U.S. population lives in areas that don't meet federal air quality standards, with passenger vehicles and trucks being major sources of pollution, including ozone and particulate matter. According to the EPA, the transportation sector contributes significantly to greenhouse gas emissions, accounting for about 28% of the total U.S. emissions from mobile sources. 1 In the Bay Area, the
transportation sector accounts for more than 50 percent of air pollution and more than 40 percent of greenhouse gas emissions. 1F
2 The SMP 39 and 40 Livermore project applicant has prepared a Transportation Demand Management (TDM) Plan for its proposed use to meet a four percent vehicle miles traveled (VMT) reduction. The four percent is identified in the mitigation measures in the environmental impact report (EIR) and was based on the Vehicle Miles traveled (VMT) Forecasting and Analysis from the Traffic Impact Analysis (TIA), prepared by TJKM Transportation Consultants and found under Chapter 9.4.2 in the TIA. The TDM plan meets the required approval conditions. Using the Alameda County Transportation Commission (ACTC) VMT mitigation tool, the TIA calculated that implementation of Mitigation Measure 4.8-3 would reduce the project-specific VMT per employee by a minimum of four percent, or to 16.06, which would be below the applicable VMT per employee significance criteria of 16.20. Therefore, implementing the following mitigation measure would reduce the above potential impact to a less-than-significant level.
This TDM Plan addresses alternatives to on-site parking needs and promotes employee commuter options that reduce drive-alone travel. This plan also supports alternative transportation mode-use goals that address Livermore's traffic and air quality concerns.
TDM measures specifically developed for the project include various infrastructure and incentive-based actions, which encourage all forms of alternative transportation mode use, such as carpooling, vanpooling, telecommuting, public transit, bicycling, and walking.
A public benefit contribution further supports the TDM goals. The SMP 40 project will help construct a multi-use trail or infrastructure improvements to the Arroyo Mocho Trail to reduce automobile travel by promoting greener transportation alternatives to achieve the city's goal of reducing automobile travel.
1 https://www.ucsusa.org/resources/vehicles-air-pollution-human-health 2 Bay Area Air Quality Management District, Aaron Richardson, Public Information Officer
EXHIBIT B
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The applicant or tenant will attempt to coordinate with other property owners in the Oak Business Park Association to review opportunities to develop a Transportation Management Association (TMA).
The project's alternative transportation mode-use rate will be evaluated annually, with the first project-wide commute survey conducted one year after the occupancy of each building.
This TDM plan's measures and elements are consistent with other TDM plans and commute programs in Livermore. A summary list of proposed commercial TDM measures may include:
TDM Infrastructure and Physical Measures
• Pedestrian connections, pathways, outdoor seating areas, and green space • Bicycle Facilities
o long-term and short-term bike parking
o off-site trail connections
• Carpool and vanpool parking spaces
• On-site project amenities (e.g., bicycle facilities, bike/ped pathways, multi-use trail) • Mobile and delivery services
Programmatic TDM Measures
• Applicant-driven TDM measures
o Develop a carpool program guide for tenants/employers o Transportation information kiosks
o Provide tenants with Commute resource flier
o Incorporate Tenant Performance Language – TDM and Trip Reduction Goals o Coordinate with Oak Business Park owners regarding a TMA • Tenant-driven TDM measures
o Employee Transportation Coordinator
o Implement an employee carpool program
o Distribute commuter information materials
o Promote the free guaranteed ride home program
o Register in the Bay Area Commuter Benefits Program3
o Participate in annual employee commute survey effort
TDM Monitoring and Reporting
• Project-wide commute survey for the first five years
• TDM/trip reduction reporting for the first five years The TDM Plan meets the TDM requirements outlined in the SMP 39 and 40 Livermore Conditions of Approval.
3 https://511.org/employers/commuter-benefits-program
EXHIBIT B
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1.0 INTRODUCTION AND PURPOSE
The SMP 39 and 40 Livermore TDM Plan meets the project's needs, considering the site's logistical resources, challenges, and opportunities. The TDM measures in this plan identify elements and actions that commit the applicant or tenant to their implementation.
The construction of TDM infrastructure and the implementation of employee programs will increase pedestrian, bicycle, carpool, and transit uses. When followed, this TDM Plan reduces single-occupancy vehicle trips associated with the project in compliance with the TDM strategies outlined in the project's EIR Mitigation Measures.
Minimizing traffic congestion and air pollution are critical concerns in maintaining a healthy quality of life and economy for Livermore and its residents. Traffic congestion results in time lost to commuters and increased demand for City fiscal resources for roadway construction and maintenance.
The SMP 39 and 40 Livermore TDM Plan describes mitigation measures that create guidelines for employee commute programs. Other contributing and complementary sustainable building efforts include applicable portions of California's Green Building standards.
The plan includes TDM measures such as secure bicycle parking, transportation program information, and designated parking for carpool and vanpool vehicles. The applicant or tenant will monitor the project's trip reduction activities and transportation mode-use rate annually for the first five years. The first project-wide commute survey will be conducted one year after the occupancy of each building. The applicant or tenant will collect survey data each year in October and submit it by December 31. Five-year reporting requirements will reset when a new use occupies any portion of the SMP 39 or 40 property.
According to the March 25, 2024, Conditions of Approval, the project shall develop a TDM Program for SMP 39 and 40, as noted in Attachment 1 of the Environmental Impact Report Mitigation Monitoring and Reporting Program. The trip reduction goal is four percent. The four percent is identified in the mitigation measures in the EIR and was based on the VMT Forecasting and Analysis from the TIA, prepared by TJKM Transportation Consultants and found under Chapter 9.4.2 in the TIA. TDM programs may include a carpool program for tenants/employers, trip reduction lease language, and other TDM programs, including bicycle and carpool parking facilities and a guaranteed ride home program.
Transportation Demand Management Definition
TDM combines services, incentives, facilities, and actions that reduce single-occupant vehicle (SOV) trips to relieve traffic congestion, parking demand, and air pollution problems. Goal achievements through the effective utilization of a TDM Plan will include the following:
EXHIBIT B
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• Reduce parking demand by converting SOV trips to an alternate mode of transportation (e.g., transit, carpool or vanpool, bicycling, or walking). • Shift travel to less congested routes by providing traveler information systems that warn motorists about delays or alternative routes.
• Support other technological solutions (e.g., compressed natural gas, electric/hybrid vehicles, or zero-emission vehicles).
• Eliminate or shift trips from peak periods (e.g., flexible schedules, compressed workweeks, or telecommuting).
In more familiar terms, ridesharing refers to TDM. Employers who offer and actively promote commute options can improve workplace attendance, productivity, and morale, as commuting employees can experience stress and frustration long before their workday officially begins.
Moreover, transportation choices improve communities and business environments by decreasing VMTs, traffic congestion, and GHG emissions.
2.0 PROJECT DESCRIPTION
SMP 39 is a rectangular-shaped, 51.9-acre parcel located south of the Livermore Municipal Airport and Jack London Blvd. and north of the Livermore gravel quarries and industrial ponds.
The existing Oaks Business Park is to the east. SMP 39 would be developed with up to six light industrial buildings totaling approximately 755,500 sf of new building space. The buildings are conceptually proposed currently. They would range in size from 89,400 sf to 183,600 sf and would each include between eight to 34 dock doors for a total of 104 dock doors. The applicant will provide 1,647 parking stalls at the SMP 39 site, which contains 104 truck/trailer stalls.
As part of the SMP 39 development, Jack London Blvd. will be widened and improved with a multi-use trail and new bike lanes, aligning with the City's Active Transportation Plan and linking to the existing path along the western boundary of the Oaks Business Park. The proposed bike lane is 6' wide, and the multi-use trail will include a 10' wide asphalt path and a 6' gravel path that will match the existing bike and multi-use trails to the west.
SMP 40 is a 40.5-acre parcel situated south of the Oaks Business Park and west of Isabel Avenue/State Highway 84 in Livermore, north of the Arroyo Mocho. The project will involve public improvements, including streets, utilities, and trails, focusing on pedestrian and bicyclefriendly connections.
The proposed development will feature two industrial buildings, totaling approximately 759,275 square feet of new space, accompanied by internal roadways, parking, landscaping, utilities, and other site improvements. A paved, at-grade trail will be constructed along the perimeter of SMP 40, aligning with the City's Active Transportation Plan (ATP). This on-site trail will link SMP 39 to the existing path along the western boundary of the Oaks Business Park and
EXHIBIT B
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extend to the Arroyo Mocho Trail through a new off-site connection east of Isabel Avenue/State Route 84.
Below is a map of the SMP 39 and SMP 40 project locations.
Figure 1 – SMP 39 and 40 Livermore - Project Location Map This TDM Plan addresses employee vehicle trips associated with an industrial setting. It contains the appropriate measures and elements consistent with other East Bay Area commute programs.
Table 1 below shows trip reduction measures to be implemented and monitored. The table estimates the range of trip reduction impacts by the California Air Pollution Control Officers
EXHIBIT B
983
Association (CAPCOA). The proposed transportation measures are expected to be implemented from initial occupancy, reducing VMT by four percent (or more).
Table 1 – VMT Reduction Measures
Transportation
CAPCOA Measure
Number1
Minimum
Percent
Reduction
in VMT & GHG
Maximum
Percent
Reduction
in VMT & GHG
Handbook
Measure
Number2
GHG/VMT
Mitigation
Potential
Provide Pedestrian/Bicycle Network Improvements SDT-1 (pg 186) 0.0% 2.0% T-17 (pg 126) 6.4% Locate Project near Bike Path/Bike Lane LUT-8 (pg 181) 0.625% 0.625% Dedicate Land/Improvements for Bike Trails SDT-9 (page 206) T-18-A, B or T-19 (pg 129-137) 0.2% - 0.8%
Implement Mandatory Commute Trip Reduction Programs –
Required Implementation/Monitoring TRT-2 (pg 223) 4.2% 21.0% T-5 (pg 79) 26.0% Guaranteed Ride Home Program
Carpooling encouragement
Provide Ride-Sharing Programs TRT-3 (pg 227) 1.0% 15.0% T-7 (pg 85) 8.0% Preferential carpool parking
Flexible work schedules for carpools
Transportation coordinator
Vanpool assistance
Provide End of Trip Facilities/Bicycle parking TRT-5 (pg 234) T-9 (pg 93) 4.4% Implement Commute Trip Reduction Marketing
Monitoring and Reporting
Total Percent VMT Reduction Range 6.6% 42.6% 49.0%
1. California Air Pollution Control Officers Association (CAPCOA): Quantifying Greenhouse Gas Mitigation Measures, 2010 https://www.aqmd.gov/docs/default-source/ceqa/handbook/capcoa-quantifying-greenhouse-gas-mitigation-measures.pdf
2. CAPCOA Handbook for Analyzing GHG Emission Reductions, Assessing Climate Vulnerabilities, and Advancing Health and Equity, 2021 https://www.airquality.org/ClimateChange/Documents/Handbook%20Public%20Draft_2021-Aug.pdf Category Strategy Infrastructure
TRT-7 (pg 240)
2021 Handbook for Analyzing
GHG Emission Reductions2
2010 Quantifying Greenhouse Gas Mitigation
Measures Range of Effectiveness1
0.8% 4.0% T-6 (pg 82) 4.0%
Trip Reduction Programs
EXHIBIT B
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1 SECTION I – TDM INFRASTRUCTURE AND PHYSICAL MEASURES
The following physical infrastructure measures will support alternative transportation commuters. TDM components are planned for installation during the project's construction.
3.0 PEDESTRIAN CONNECTIONS (T-17)
The project's construction will include safe, convenient, and well-lit pedestrian paths utilizing the most direct route to nearby amenities and bicycle connections.
Lighting, landscaping, and building orientation will
enhance pedestrian safety and include patio
spaces/widened sidewalk areas.
Creating a pedestrian-oriented environment ensures access between public areas and private development while strengthening pedestrian and bicycle connections.
The project's pedestrian continuity may also be enhanced by:
• Pedestrian pathways enhanced vehicular concrete crosswalks • Outdoor seating and meeting areas
• Recessed door and window features to further the walkable vicinity of the building • Landscaped areas to serve visitors and passersby at the entry to the building • In-ground plantings and sidewalks
• Decorative paving, improved lighting, and pedestrian pole lights • Picnic tables, seating nooks, and patios
• Network improvements connecting to the Arroyo Bike Trail
4.0 BICYCLE AMENITIES (LUT-8)
There are existing connections to the existing paved shared-use path along E. Stanley Blvd. and Isabel Ave. Class II (on-street) bike lanes are along Stanley Blvd. and the Iron Horse Trail, offering direct access to the project.
Nearby bicycle trails and lanes will provide employees with a viable and realistic commuter option. Network improvements connecting to the Arroyo Bike Trail are planned to enhance bicycle amenities.
Below is an image of existing and proposed trails.
EXHIBIT B
985
Figure 2 – Existing and Proposed Trails
Below is the City of Livermore Bikeways Map. Page 9 shows a bike route from the project site to the Livermore Transit Center, 2.4 miles away, representing an 11-minute ride.
EXHIBIT B
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Figure 3 – City of Livermore Bikeways Map
EXHIBIT B
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Figure 4 – SMP 39 Bike Route to Livermore Transit Center Figure 5 – SMP 40 Bike Route to Livermore Transit Center Multi-Use Public Trail (T-18-A, B or T-19)
As part of the SMP 39 development, Jack London Blvd. will be widened and improved with a multi-use trail and new bike lanes, aligning with the City's Active Transportation Plan and linking to the existing path along the western boundary of the Oaks Business Park.
Figure 6 below shows the proposed SMP 40 on-site trail improvement connecting the existing trail. It will be a multi-use path with 10' wide asphalt and 5' gravel paths.
Additionally, the project will construct a multi-use pedestrian/ bike bridge over Isabel Ave (Highway 84).
The image below shows the proposed connection plan. These network improvements connect to existing Livermore bike/ped trails on the east side of Isabel.
EXHIBIT B
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Figure 6 – Preliminary SMP 40Arroyo Bike Trail Connection – Bridge Over Isabel Avenue Bicycle Storage (T-9)
Development at SMP 39 is not yet known. The project plans do not include the number of longterm bike storage numbers, short-term bike rack numbers, or the location of outdoor bike rack areas. Before the development permit is issued, SMP 39 will identify the appropriate number of bicycle facilities to meet city code requirements.
At SMP 40, 76 bicycle parking facilities/stalls will be provided on-site, at no charge, for bicycle commuters and visitors.
Long-Term Bicycle Parking (T-9)
SMP 40 building shell shall include 38 Class I (long-term) secure and covered bicycle parking facilities (24 in Building 1 and 14 in Building 2). On the right is a sample photo of stand-alone indoor racks providing Class I bicycle parking.
Short-Term Bicycle Parking (T-9)
Shown below is a Class II (short-term) bicycle rack example. Class II secure bicycle racks are "U racks," or equivalent, and must attach the frame and both wheels. The SMP 40 project is locating 38 bike racks (24 at Building 1 and 14 at Building 2) near each building entrance to provide a constant visual of the racks.
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5.0 TRANSIT INFRASTRUCTURE
The advantages of these projects are their proximity to Route 10R and Route 14 Wheels Transit services. Below are maps of nearby transit resources near the projects.
Figure 7 – SMP 39 & 40 Public Transit Access Map
The Wheels Route 14 provides 41 daily trips and connects with the Livermore Transit Centers and East Dublin/Pleasanton BART. Wheels Route 10R connects with the Livermore Transit Center and the East Dublin/Pleasanton BART. Route 10R offers 120 trips per weekday. Most Wheels buses allow bikes to be on board. Page 15 is a map of Routes 14 and 10R.
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Table 2 SMP 39 Transit Resources
Table 3 SMP 40 Transit Resources
6.0 PARKING MANAGEMENT
The willingness to participate in ridesharing or transit alternatives directly links parking convenience, availability, and constraints. The project proposes providing 742 total surface parking spaces.
Carpool, Clean Air, Vanpool, and Electric Vehicle Parking (T-7) The California Green Building Code identifies that new projects designate carpool parking spaces and other "clean-air" vehicles. Carpool parking provides an excellent incentive that sends a clear visual message to employees that alternative transportation is essential and offers benefits and rewards to those who use it.
Development at SMP 39 is not yet known. The project plans do not include the number of electric vehicle (EV) capable and EV-installed parking stalls.
The SMP 40 project will install 150 EV-capable and EV-installed parking spaces for low-emitting, carpool, vanpool, motorcycle, and electric cars.
Route Span of Service Weekday
Trips Communities Served
14 Wheels Bus
7 Days/Week
6:29 a.m. - 9:17 p.m.
41 Livermore Transit Center, Pacific/Dolores, Stanley & Murdell, Olivina/ Murrieta, SF Premium Outlets, Stoneridge/Santa Rita, and Pleasanton BART
Total VTA Bus Trips/Weekday 41
* All buses and trains are lift equipped for handicapped, elderly, or those in need.
Red Font represents the closest transit resource to the project site.
Blue Font represents connecting transit Centers/Stations Route Span of Service Weekday
Trips Communities Served
10R
Wheels Bus
7 Days/Week
4:20 a.m. - 10:46 p.m.
120
Livermore Transit Center, Valley Care Livermore Campus, Stanley & Murdell, Neal & First, Santa Rita & Valley, and E Dublin/Pleasanton BART
Total VTA Bus Trips/Weekday 120
* All buses and trains are lift equipped for handicapped, elderly, or those in need.
Red Font represents the closest transit resource to the project site.
Blue Font represents connecting transit centers/stations
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While EVs do not reduce SOV trips of VMTs, they are qualified "clean-air" vehicles and are eligible to park in carpool spaces.
Preferential Parking Space Placement (T-7)
An effective means of encouraging employees to carpool and vanpool is to reserve the preferred parking spaces (premium, convenient locations close to buildings in the shade or within 100 feet of employee entrances) for the exclusive use of carpools, vanpools, motorcycles, and clean-fuel vehicles.
The applicant or tenant will strip the parking space pavement and provide appropriate signage for preferential parking at locations within 100 feet of an employee entrance.
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Figure 8 – Wheels Bus Route 14
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Figure 9 – Wheels Bus Route 10R
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7.0 PROJECT AMENITIES
Below is a list of on-site amenities planned for installation at the project. Amenities provide employees with a full-service work environment, eliminating or reducing the need for an automobile to make midday trips increases non-drive-alone rates. Often, employees perceive their dependence upon the drive-alone mode because of errands and activities they must carry out in different locations.
By reducing this dependence through providing services and facilities at the worksite, outcomes are expected to show an increase in alternative mode use of commute-based trips. A list of onsite amenities for the project includes:
On-site Amenities
• Long-term secure bike parking and short-term bicycle racks (T-9) • Carpool and vanpool parking
• Transportation information kiosks (T6)
• Outdoor seating areas
• Multi-use trail (T17)
• Electric vehicle charging stations
Mobile and Delivery Services - Conceptual
Future SMP 39 and 40 Livermore project tenants will have access to many mobile and delivery services. Attached is a list of food trucks and mobile services tenants may contact at their discretion.
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Figure 10 – SMP 40 TDM Site Plan
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Figure 11 – Illustrative for SMP 39 TDM Site Plan
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SECTION II – PROGRAMMATIC TDM MEASURES
The following programmatic measures will enhance the TDM program's success, and upon implementation, they create the "SMP 40 Livermore Commute Program." These TDM components will require the tenants/employers to conduct commuter program outreach and engagement marketing to their employees as part of their occupancy agreements.
8.0 APPLICANT-DRIVEN TDM MEASURES
Carpool Program Guide for Tenants (T-7)
The applicant has prepared a draft Carpool Program guide for tenants. The Carpool Program guide includes an overview of the carpool program, its benefits, and the employer's commitment to sustainability and reducing traffic congestion. Attached is the sample Carpool Program guide.
Transportation Commuter Kiosk (T-6)
A transportation information kiosk provided in employee breakrooms or entrance lobbies will contain transportation information such as bus schedules, bicycle maps, commuter materials, guaranteed ride home information, and carpool ride-matching incentives. Each tenant will receive a kiosk unit and resource materials for their employees to create a
commuter corner per the lease agreement.
Information will be updated periodically by the employee transportation coordinator. Shown at the right is a sample commuter information table.
Commuter Resource Flier (T-6)
All new employees will receive a commute resource flier. This flier will include (but not be limited to) information about carpool parking, a vanpool program, transit opportunities, ridematching services, bicycle routes, and the free emergency ride home program.
Fliers will be available at the commute resources kiosks and integrated with employer information.
Building management will provide tenants with an original (editable), reproducible employee commute flier for their use and distribution to employees. Below is a sample commuter resource flier.
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Figure 12 – Commuter Resource Flier
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Tenant Performance Language – Trip Reduction Goals
The applicant will draft language or a side agreement that requires tenants to comply with present and future TDM measures and strategies. Sample performance lease language includes the example below:
Transportation Demand Management ("TDM"). Landlord may develop a transportation systems management plan which seeks to reduce vehicular trips and to improve vehicle occupancy by encouraging employees to seek alternate transportation modes, such as carpooling, vanpooling, city bus service, bicycles, and motorcycles, among other methods. Other programs, such as flexible working hours or staggered shifts, also may be encouraged. Tenant agrees to cooperate with Landlord to the extent reasonably practicable to achieve the objectives of any applicable governmental authority, including participation in a transportation program at a level of participation consistent with the number of employees of tenant. In addition, tenant shall fully comply with all present or future programs intended to manage parking, transportation, or traffic in and around the building and/or premises, and in connection therewith, the tenant shall comply with Legal Requirements, shall participate in all TDM strategies and programs imposed by applicable governmental authority, and shall pay any applicable annual membership fee as required by applicable governmental authority.
TMA Coordination
The applicant or tenant will attempt to coordinate with other property owners in the Oak Business Park Association to review opportunities to develop a TMA.
A TMA brings together local businesses, employers, developers, and others to tackle transportation issues like parking and traffic. By joining forces, they can achieve more than any single entity could. TMAs are typically non-profit organizations managed by members and a small team. They often use partnerships to combine private and public funds.
9.0 TENANT-DRIVEN TDM MEASURES
The applicant will require the tenant(s) to provide one point of contact or an employee transportation coordinator (ETC) to implement this plan. The ETC will maintain on-site commuter programs, new employee education, and marketing, administer the annual surveys, compile yearly reports, and provide information continuity for the building owner/property manager and the City of Livermore. Features identified in tenant agreements will include the following TDM components:
An active tenant-ETC and cooperative property management will positively impact the TDM goals and elements implemented. Commuting programs and benefits must be presented comprehensively and proactively, along with other employee programs.
Employee Transportation Coordinator (T-5)
Future tenants must designate a Transportation Demand Management Coordinator or an ETC and provide the City of Livermore with such an individual's name and contact information (s).
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The ETC will provide commute planning assistance and administer the annual monitoring and survey report. This position's function's overarching goals are to reduce commute trips for employees, formalize tenant commute programs, and assist with employee marketing and outreach. The ETC will prepare tenant materials for new employee orientation, production of kick-off events, coordination of carpool parties, commute e-news articles, employee assistance, and coordination of an annual transportation fair.
The ETC may be an employee of the tenant or an
outsourced coordinator who manages the
commute program at the tenant's workplace. The
ETC will provide commute assistance to their
employees, produce transportation marketing
campaigns and promotional events, collaborate
with 511 to maximize rideshare resources, and
conduct yearly commute surveys. TDM industry
data supports the idea that having an ETC
positively impacts increasing alternative mode
use.
The ETC will provide the following services:
• Promote trip reduction and air quality improvement strategies to their employees. • Distribute information about commute alternatives and commute program resources to new hires and existing employees, including:
o Regional rideshare information such as Merge 511
o Free Guaranteed Ride Home program
o $500 Monthly Vanpool group incentives
o Implementation and employee carpool program
o Preferential carpool parking
o Local bikeshare discounts and availability (if public bikeshare programs operate within SMP 40 Livermore in the future)
o Clipper START discounted transit pass program
o Biking resources such as Bike East Bay, https://511.org/biking, and Bike to Work Day
o Trip planning resources such as Google Maps
• Be the main point of contact for employees who wish to commute using an alternative. • Conduct annual employee surveys and provide reports to the City of Livermore, including commute patterns, mode splits, trip reduction rates, and TDM program success (includes yearly surveying of employees, tabulation of data, and providing results in report format).
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• Evaluate survey results for alternative transportation potential and changes to the current program.
• Catalog all existing incentives that encourage employees to utilize alternative transportation programs.
• Work with local agencies such as BART, AC Transit, 511 Rideshare, Alameda County Transportation, East Bay Bikes, and the Bay Area Air Quality Management District (BAAQMD). Post informational materials on transportation tables in common employee areas and disperse alternative program information to employees via designated employer contacts, posters, banners, newsletters, new employee orientations, etc. • Participate in the BAAQMD Spare the Air program. Spare the Air Day warning notices will be forwarded to discourage employees from driving alone to work.
• Coordinate and manage various aspects of the TDM plan that require periodic updating or monitoring, such as carpool parking, bicycle incentives, and transit schedule updates.
• Post informational materials on the company's internal portal transportation kiosks and disperse alternative program information to employees via posters, flyers, banners, enewsletters, new employee orientation, etc. • Promote and manage the emergency ride home program, car and vanpool registration, parking enforcement, and bike locker assignment.
• If requested, attend meetings with the SMP 40 Livermore Transportation Coordinator as necessary.
Alternative transportation programs shall be presented to commuters proactively, just like any other employee program. Presentations may include co-op participation in employee orientation forums, transportation kiosk posting, employee newsletters, management bulletins, emails, and other methods.
Implementing an Employee Commute Program is a big-picture process. It includes explaining the area's air quality problems and how fighting air pollution is part of being a good corporate citizen and a sustainable organization. Employees must recognize the benefits on a personal and community level to see how they gain from better air quality: less traffic congestion on the highways and the surrounding neighborhoods, fewer parking hassles, and employee cost savings, among other benefits. The ETC will work to build employee participation in commute programs.
The design of the overarching goals and support functions reduces employees' drive-alone trips, formalizes tenant commute programs, and assists with employee marketing and outreach. The ETC will prepare materials for new hire employee orientation, production of premove and kick-off campaigns, coordination of carpool promotions, development of commuter e-news articles, and support for employee assistance.
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Guaranteed Ride Home Program (T-5)
Tenant employers are encouraged to participate in the
Alameda County Guaranteed Ride Home (GRH) Program
for their employees. This program offers a free ride home from work in unexpected circumstances for employees
who choose sustainable commuting options, such as
carpooling, vanpooling, biking, walking, or public transit.
Key points about the GRH program:
1. Eligibility: To qualify, employees must register for the program and work in Alameda County. They must also use sustainable transportation methods for their commute.
2. Program Coverage: The GRH program ensures that commuters feel secure using alternative modes of transportation, knowing they have a guaranteed ride home in emergencies.
3. Registration Requirement: Employees must register for the GRH program before taking a reimbursement-eligible trip. Reimbursement requests submitted before registration will not be honored.
4. Reimbursement Process: Registered individuals can submit reimbursement requests for GRH rides. Payments are made only after completing and submitting a reimbursement request form online or by mail, which must be approved by the GRH Program Administrator or authorized staff.
By participating in the GRH program, tenant employers can provide peace of mind to their employees, encouraging sustainable commuting practices while ensuring a reliable option for getting home in unforeseen circumstances.
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Figure 13 – Guaranteed Ride Home Flier
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Bay Area Commuter Benefits Program
As state law requires, tenant-employers will be connected to the Bay Area Commuter Benefits Program. Tenants with 50 or more employees are required to register with the Bay Area Commuter Benefits Program.
Air District Regulation 14, Rule 1, also known as the
Bay Area Commuter Benefits Program, requires
employers with 50 or more full-time employees to
register and offer commuter benefits to their
employees. Commuter benefits may be pre-tax
options, transit subsidies, teleworking, or more. This
rule aims to improve air quality, reduce emissions of
greenhouse gases and other air pollutants, and
decrease traffic congestion in the San Francisco Bay Area by encouraging employees to commute by transit, bike, carpool, telework, or different commute modes.
Participation in Annual Employee Commute Survey Effort (T-6) Per the lease agreement, the tenants must participate fully (on behalf of their employees) in marketing and promotions and collect the yearly project-wide employee commute survey.
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SECTION III – MONITORING AND REPORTING
10.0 MONITORING AND REPORTING (T-6)
The TDM Plan intends to reduce total VMT by a minimum of four percent and, in so doing, lessen resulting parking issues, traffic congestion, and mobile source-related air pollution. A comprehensive program of TDM measures and incentives can reduce parking demand, traffic, and air pollution, creating a more sustainable employment environment while freeing up valuable land for higher and better uses.
According to the California Air Pollution Control Officers Association (CAPCOA)'s newest greenhouse gas document, Quantifying Greenhouse Gas Mitigation Measures,8F11Fsubsidized or discount transit program provides the maximum potential to reduce up to 20 percent of commute vehicle trips. A rideshare program could reduce commute vehicle trips by up to 15 percent. Limiting the parking supply or charging workplace parking could reduce up to 12 percent of commute vehicle trips, provide trip-end facilities, or a cash-out program that could likely reduce the commute vehicle trip by up to five and six percent, respectively. Although the reductions are not additive, a combination of measures would likely have a maximum global cap ranging from 20 to 40 percent.4
It is crucial to ensure that TDM measures are implemented and effective. Therefore, a monitoring program is necessary. Because the TDM Program is performance-based, annual surveys are needed. The survey of employees will determine alternative mode uses and corresponding trip reductions. The monitoring program will include a yearly commute program evaluation (an annual employee five-day, Monday through Friday commute survey) that will allow the applicant or tenant and the city to assess the effectiveness of the unique program designed for the project.
The project's alternative transportation mode-use rate will be evaluated annually, with the first project-wide commute survey to be conducted one year after occupancy of each building onsite.
Annual Five-day Employee Commute Survey (T-6)
A five-day commute survey, conducted over one week, will be a critical part of the monitoring process to evaluate and ensure the success of TDM measures in meeting the VMT percent VMT reduction goal. By default, tenant employees who do not participate in the commute survey shall count as drive-alone or SOV commuters. This default mechanism will produce conservative results. The applicant or tenant will encourage, support, and participate in the annual employee survey's promotion and marketing. Survey data will help focus on commuter marketing and the ETC's efforts. Below is a survey sample of an employee question about daily commuting 4 1st Admin Draft of Draft Environmental Impact Report, State Clearinghouse #2012082007
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activities. The applicant or tenant will collect survey data each year in October and submit it by December 31. Five-year reporting requirements will reset when a new use occupies any portion of the SMP 40 property.
Figure 14 – Sample Commute Survey Question
Annual Evaluation Report (T-6)
Each October, the tenants will use employee survey data to prepare an annual TDM summary report to be submitted to the city, with a copy to the applicant, to document the TDM Plan's effectiveness in achieving alternative mode-uses and trip reduction efforts.
The TDM summary report will include determining historical employee commute methods provided by information from a survey of all
employees working in the buildings. The
summarized results from the employee survey
will provide quantitative data (e.g., mode split)
and qualitative data (e.g., employee perception
and awareness of alternative transportation
programs). The tenant will implement and
communicate any updates to the plan as
necessary to ensure the four percent VMT
reduction goal. On the right is a scenario of
alternative modes used by employees and their
reduced corresponding trips.
Commuter Modes Percent
Carpool (driver/passenger) 2.00%
Transit User 0.50%
Bicycle/eBike/scooter 0.50%
Walk/Jog 0.00%
Telecommuter 0.75%
Motorcycle 0.25%
Vanpooler 0.00%
Alternative Transportation
Mode-use Rate 4.00%
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11.0 CONCLUSION
Considering the site's logistical resources and opportunities, the SMP 40 Livermore TDM Plan meets the project's specific needs. The applicant or tenant has been committed to an integrated Project design that enhances pedestrian and community opportunities from conception.
This TDM Plan provides specific elements, measures, and actions that commit the applicant or tenant to implementation. This project's orientation of TDM features will increase pedestrian, bicycle, carpool, and vanpool use opportunities.
The TDM Plan requires implementing measures based on performance and directs the applicant or tenant to incorporate programs and employee benefits and create a successful commute program. Commute program marketing, ongoing promotions, annual surveys, reporting, and a tenant-ETC will provide the synergism needed to develop a helpful approach for future Project employees.
The TDM Plan's language allows the applicant or tenant to implement and develop commuter programs. It outlines the steps necessary (infrastructure, outreach, and promotions) to incorporate employee transportation benefits and programs. Annual monitoring via surveys will provide the documentation needed to demonstrate effectiveness and goal attainment.
The applicant or tenant is committed to reducing trips and increasing alternative transportation modes. This TDM Plan provides the applicant's TDM plan details and acknowledges the applicant's or tenant(s) responsibility for implementation.
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ATTACHMENTS
Attachment 1: List of Local Mobile and Delivery Services Attachment 2: Alameda County Guaranteed Ride Home Guidelines Attachment 3: Sample Carpool Program Guide
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Attachment 1: List of Local Mobile and Delivery Services (July 2024 – subject to change)
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List of Local Mobile and Delivery Services
Food Trucks Phone #
• HP Taco Truck: hptacotruck.com
61 Rickenbacker Cir, Livermore, CA 94551
• Marty's Joint Food Truck: martysjoint.com
73 Rickenbacker Cir, Livermore, CA 94551 925-864-3414
• Crazy Empanada
286 S Livermore Ave, Livermore, CA 94550 925-895-6298
• Yellowhammer Wood Fired Catering
Livermore, CA 94551
yellowhammerwoodfiredcatering.com
925-321-4088
• Melyna's Mexican Food
527 N Livermore Ave, Livermore, CA 94551 925-493-1674
• Ampuli: ampulifood.com
1309 Portola Ave, Livermore, CA 94551 925-476-8618
• Sweet & Mellow Truck: sweetandmellowtruck.com
1800 Sutter St, Livermore, CA 94551 925-922-1612
• Quesquared BBQ: quesquaredbbq.com 925-321-3004
• Your Taco Guy: yourtacoguy.net
Livermore, CA 94550 844-822-6489
• Tino's Tacos & More
Livermore, CA 94550 925-209-3399
• Vesuvio Mobile Pizza: mobilepizzasf.com
1206 S J St, Livermore, CA 94550 628-468-7427
• Cabana Dave's Catering: cabanadaves.com
73 Rickenbacker Cir, Livermore, CA 94551 925-895-6750
• E&W Ice Cream on Wheels
1800 Sutter St, Livermore, CA 94551 925-558-5227
• Dogo's & Fries
115 S Vasco Rd, Livermore, CA 94551 925-518-8619
• Noche Mexicana Antojitos
2186 Las Positas Ct, Livermore, CA 94551 510-776-2611
• ZERO& SFPO KIOSK
2774 Livermore Outlet Dr, Ste K102, Livermore, CA 94551 925-914-8200 • Tacos Hidalgo's
526 N Livermore Ave, Livermore, CA 94551 925-388-8123
• Chef Hits the Streets: chefhitsthestreets.com
Livermore, CA 94550 925-337-4670
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Attachment 2: Alameda County Guaranteed Ride Home Guidelines
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ALAMEDA
County Transportation Commission
PROGRAM GUIDELINES
Updated July 2017
RIDE HOME
GUARANTEED
Alameda County Transportation Commission
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Contents
Introduction 2
Program Basics 3
Program Registration 4
What is Eligible for Reimbursement 5
Program Limits 5
Requesting and Receiving Reimbursements 7
The Alameda
CountyGuaranteed
RideHomeProgram
When unexpected circumstances arise, the Alameda
County Guaranteed Ride Home (GRH) Program provides
a free ride home from work for employees who choose
to commute by not driving alone. The GRH program
is free for employees who register for the program,
work in Alameda County, and use sustainable forms of
transportation including walking, biking, taking transit, or ridesharing. When a registered employee uses a
sustainable mode to travel to work and experiences a
personal or family emergency while at work, they can
take a taxi, Transportation Network Company (TNC)
service such as Lyft or Uber, rental car, car share, or public transportation ride home and be reimbursed for
the cost of the ride.
This program allows commuters to feel comfortable
taking the bus, train or ferry, carpooling, vanpooling, walking, or bicycling to work, knowing that they will
have a ride home in case of an emergency.
The Guaranteed Ride Home
Program helps to reduce traffic and
improve air quality in the Bay Area by
encouraging commuters to leave their
car behind for their commute to work.
The Alameda County GRH program is a commuter
benefit provided by the Alameda County Transportation
Commission (Alameda CTC). The Alameda CTC plans,
funds, and delivers transportation projects and programs to improve accessibility and mobility in Alameda
County. Funding for the Alameda County GRH program
is provided by the Bay Area Air Quality Management
District through a Transportation Fund for Clean Air grant in partnership with the Alameda CTC. For more
information about the Alameda CTC, visit
www.alamedactc.org.
2 GUARANTEED RIDE HOME PROGRAM GUIDELINES
ALAMEDA
County Transportation Commission
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Program Basics
WHO IS ELIGIBLE TO PARTICIPATE?
All permanent part-time or full-time employees 18 years of age or older who work in Alameda County are eligible to participate.
WHEN CAN I TAKE A
GUARANTEED RIDE HOME?
People who work in Alameda County and are registered
for GRH may request reimbursement for eligible expenses if they take a trip home in a qualified emergency
situation and have used an alternative mode that day.
The following circumstances are considered qualifying
emergency situations in the GRH program and must
occur on the date of the GRH trip:
■ Participant or an immediate family member suffers
an illness, injury, or severe crisis.
■ Participant is asked by supervisor to work
unscheduled overtime, which causes participant to
miss planned ride home. Supervisor verification will be required as part of reimbursement request.
■ Participant’s carpool or vanpool vehicle breaks
down or the driver has to leave early or late.
■ Participant’s transit-connection shuttle breaks down
and no other shuttle options are available.*
■ Participant has a break-in, flood, or fire at residence. ■ Participant’s commute bicycle breaks down on the
way to or from work and cannot be repaired at participant’s work site.
In addition, participants must have used an alternative mode on the day they take the ride for which they will
seek reimbursement through the GRH program. Eligible
alternative commute modes include:
■ Public transportation including: BART, AC Transit, ACE, Wheels, Union City Transit, ferry (WETA) and Amtrak
■ Employer-provided shuttle or van service
■ Carpool or Vanpool
■ Bicycle
■ Walk
WHAT SERVICES CAN BE REIMBURSED?
■ Taxis
■ Transportation Network Company (TNC) services such
as Lyft or Uber
■ One-day car rentals
■ Car share (Zipcar or City CarShare)
■ Public transportation (including BART, AC Transit,
ACE, and others). Commute Choices provides a list
of locally available public transportation options. It is available at: commutechoices.alamedactc.org
GUARANTEED RIDE HOME IS FOR
UNEXPECTED EMERGENCIES ONLY
There are numerous common circumstances where trips
cannot be reimbursed through the GRH program. These
include:
■ Transit labor disputes (strikes), transit delays or
breakdowns, or government shutdowns †
■ Pre-planned medical or dental appointments for
participants or commute vehicle driver
Qualifying
emergency
situation
Used
alternative
mode to get
to work
Eligible
to take
Guaranteed
Ride Home
+ =
GUARANTEED RIDE HOME PROGRAM GUIDELINES 3
* These emergency situations are only eligible for rides to transit stops or stations where transit-connection shuttles typically connect.
† This rule applies to all public transit agencies that operate within Alameda County, including: BART, AC Transit, Capital Corridor (Amtrak), ACE, Wheels (LAVTA), Union City Transit, San Francisco Bay Ferry (WETA), WestCAT, VTA, TriDelta, and County Connection.
■ Personal errands
■ Business-related travel
■ Planned overtime
■ Non-emergency side trips on the way home
■ Ambulance service
■ Poor weather, natural events (earthquakes), natural
disasters
In occasions when there are questions about
eligibility, a program participant may call the
GRH Hotline (510-433-0320) or send an email
([email protected]) and obtain a decision
from available staff.
Emergency-related stops on your way home are
permissible. Permissible emergency-related stops could
include picking up a sick child at school or daycare, filling a prescription at a pharmacy, or stopping at an ATM for cash to pay a taxi driver.
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4 GUARANTEED RIDE HOME PROGRAM GUIDELINES
Registration in the GRH program is required before
taking a reimbursement-eligible ride. If an individual
submits a request for reimbursement before he or she is registered in the program, that reimbursement cannot
be honored. Participants may be asked to re-register or update their contact information periodically.
The registration process includes two steps:
COMPLETE A PARTICIPANT
INFORMATION FORM
There are two methods for registering with the GRH
Program:
■ Online via the website: grh.alamedactc.org
Individuals can register for the
GRH program via the program
website. Both the participant
information form and waiver
are available online and
require less than five minutes
to complete.
■ United States Postal Service
If a program participant
does not have easy access
to the internet, hard copy
registration forms are available
upon request. These materials are available for
download on our website, or can be requested via
the GRH Hotline, 510-433-0320.
Program registrants can return these materials to:
GRH Program
c/o Nelson\Nygaard
116 New Montgomery Street, Suite 500
San Francisco, CA 94105
AGREE TO THE TERMS AND
CONDITIONS OF THE PROGRAM
In order to participate in the Alameda
County Guaranteed Ride Home
program, participants must sign a
waiver (available in online registration)
accepting the risks of the program and acknowledging
that the Alameda CTC or the program vendor
(Nelson\Nygaard) are not liable for any damage that
may occur due to rides taken via the program.
COMPLETED REGISTRATION
Successfully registering in the program enables
individuals to be eligible for reimbursement under
the rules of the GRH program. Actual reimbursement
for a GRH ride can only occur after a reimbursement
request form is completed, submitted to the GRH
Program online or by mail, and approved by the GRH
Program Administrator or authorized staff.
Program Registration
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GUARANTEED RIDE HOME PROGRAM GUIDELINES 5
ELIGIBLE TRIPS
■ Taxi, rental car, Transportation Network Company
(TNC) services such as Lyft or Uber, public
transportation or car share trips are eligible for
reimbursement.
■ All trips must begin in Alameda County and destinations must be within 125 miles of the trip origin. ■ It is recommended that trips over 20 miles use a
rental car or public transportation.
ELIGIBLE EXPENSES
■ For rental car trips, only the base fare cost plus tax, tolls, and basic rental car insurance1 are eligible
for reimbursement. Fuel costs are the responsibility
of the participant.
– In the case of rental cars, the cost of a oneday rental and basic car insurance is eligible for reimbursement. Additional days will not
be eligible for reimbursement (e.g., costs for
weekend car rentals will not be reimbursed if
a rental car from a Friday cannot be returned
until Monday).
– Pre-paid fuel offered by rental car services will
not be reimbursed.
– Additional “extras” offered by rental car
services, such as a GPS device or full-coverage
car insurance, will not be reimbursed.
– Program participants may not rent “premium
vehicles” (SUVs, luxury, specialty). Only the
rental of standard or economy vehicles will be
reimbursed.
– Transportation costs to/from a rental car
rental location will not be reimbursed.
However, some rental car companies (such
as Enterprise) will provide this transportation
service as part of the rental cost.
■ The hourly or day rate cost of a car share vehicle
rental may be reimbursed.
■ For trips taken by taxi or Transportation Network
Company (TNC) services like Lyft or Uber, gratuity
should be paid for by the GRH participant.
■ The GRH program will not reimburse any
expenses not explicitly identified as eligible for
reimbursement.
PROGRAM LIMITS
■ The maximum reimbursement per trip, regardless
of mode, is $125.
■ Program participants are limited to a maximum
reimbursement of $600 per calendar year2 or six
reimbursed trips per calendar year, whichever
occurs first.
■ The GRH program will notify participants when
they are nearing reimbursement limits.
What Is Eligible For Reimbursement?
1 Supplemental Liability Protection; Personal Accident Insurance; and Damage Waiver Protection 2 $600 is the maximum limit to ensure that reimbursements do not exceed the threshold that would require the filing of an IRS 1099-MISC (taxable income).
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1 User registers for GRH
via website/mail
2 EMERGENCY!
3 4 RIDE HOME
GUARANTEED
Alameda County Transportation Commission
Select mode
User pays for ride home and obtains receipt
User submits Ride Reimbursement Request
within 30 days
5 User is reimbursed by GRH within 30 days*
*Assumes user adheres to program requirements
How to Make GRH Work for You
6 GUARANTEED RIDE HOME PROGRAM GUIDELINES
FAX
Taxi
or TNC
(e.g. Lyft
or Uber)
Rental car Car share Public
transit
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GUARANTEED RIDE HOME PROGRAM GUIDELINES 7
Requesting
and Receiving
Reimbursement
To be reimbursed for a GRH trip, program participants
must complete the following steps:
USER PAYS FOR RIDE HOME
AND OBTAINS A RECEIPT
Participants must obtain a receipt from the rental
car, car share, taxi company, Transportation Network
Company (TNC) service, or public transportation
service used. The receipt or rental agreement should
include date of service, service provider, and an
itemized breakdown of costs (base fare, fuel, other
extras).
If a public transit service was used, the participant
must provide either a receipt, transfer ticket, or another form of proof-of-payment, along with an account of the public transit agency’s name and
the origin and destination of the trip.
USER SUBMITS RIDE
REIMBURSEMENT REQUEST
Requests can be completed online or submitted via
fax, 415-284-1554. Request must include submission
of the receipt as well as workplace management
approval if the GRH trip is used due to unexpected
overtime. Reimbursement requests must be received
within 30 calendar days of the ride. Any requests
received after 30 days will not be eligible for
reimbursement.
USER IS REIMBURSED BY GRH
Reimbursement payments will be made
to program participants within 30 days of
receipt of request. Participants may elect
to be reimbursed via check mailed to an
address provided to the GRH program
or electronically (via PayPal) for faster
processing. The participant will receive
notice once their request has been
approved.
Other reimbursement notes:
■ If a participant is found to have falsified
information related to the reason for using
the Guaranteed Ride Home Program or the
commute mode taken on the day the program
is used, or otherwise abuses the program, the
participant will not be reimbursed for the ride
and will be issued a written warning (email) from
the GRH Program.
■ If there is any information missing from the Ride
Reimbursement Request, GRH program staff will
contact the participant for clarification or to
obtain additional information.
DISPUTES
If a participant feels that he or she has not been
properly reimbursed based on a ride request, the
participant may file a request for review with the
GRH Program Administrator using the email address
on the GRH website or via the GRH hotline. The
GRH Program Administrator will review the materials
submitted by the participant, and make a final and
binding determination as to reimbursement eligibility
and amount, consistent with the rules outlined in this
document. Final reimbursement eligibility decisions
are not subject to further appeal.
RIDE HOME
GUARANTEED
Alameda County Transportation Commission
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8 GUARANTEED RIDE HOME PROGRAM GUIDELINES
Liability Waiver and
General Release of
All Claims
The Guaranteed Ride Home program (“GRH Program”)
is a voluntary program offered by the Alameda County
Transportation Commission (“Alameda CTC”) which serves as a supplemental commuter benefit for employees working in Alameda County. The GRH Program reimburses commuters
for certain transportation expenses in qualifying emergency situations. I hereby acknowledge that Alameda CTC offers no endorsement or certification of any taxi, Transportation Network Company (TNC), car share, rental car company, or public transportation service as fit to perform reimbursable transportation services under the GRH Program, and I hereby acknowledge that I am solely responsible for choosing a provider of transportation services in emergency situations for potential reimbursement through the GRH Program. I further hereby acknowledge that participation in the GRH Program is strictly voluntary, and hereby assume full responsibility for all liability and all risk of injury or loss, including death, which may result from my participation in the GRH Program. I hereby agree to hold harmless, release, waive, forever discharge and covenant not to bring legal action or claim against the Alameda CTC from any and all claims or demands I may
have by reason of any accident, illness, injury or death, or damage to or loss or destruction of any property, arising or resulting directly or indirectly from my participation in the GRH Program and occurring during such participation or any time subsequent thereto. This Liability Waiver and General Release of All Claims is binding on my heirs, executors, administrators and all of my family members. I hereby acknowledge that my participation in the GRH Program does not in any manner imply that I am acting in the course and scope of official business for my employer, nor does it in any manner establish an employer-employee or agency-employee or agency
relationship with the Alameda CTC.
I affirm that the information I have provided is true and I have reviewed the rules and regulations of the GRH Program and the foregoing paragraph. I recognize that I will be charged by the Alameda CTC GRH Program for any proven fraudulent use of the GRH Program.
grh.alamedactc.org
EMAIL: [email protected]
HOTLINE: 510-433-0320
(9AM–5PM Monday-Friday)
FAX: 415-284-1554
RIDE HOME
GUARANTEED
Alameda County Transportation Commission
ALAMEDA
County Transportation Commission
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Attachment 3: Sample Carpool Program Guide
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How To Set Up A Carpool Program At Work
SMP 40 Livermore
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How To Set Up A Carpool Program At Work
Right now, the world is a mix of remote work and is slowly opening oƯices. For the foreseeable future, one thing is for sure: there will be situations where people need to travel to work, but the one thing they want to avoid is public transport.
One of the best ways to help your company's employees is by setting up a carpool program. Doing so enables staƯ to travel safely, splits travel costs, reduces stress, and more. Most companies aren't set up to do this immediately – your HR department might need a little helping hand…
Want to get started? Great! We've prepared a handy step-by-step guide on how to start a carpool program at work.
1. Pick Your Carpool Type
The first step in starting a carpool program is knowing which type you want. Based on the number of employees, departments, shifts, and other work factors, you will want to choose from:
Designated drivers. In this situation, there are designated drivers for every group.
It's simpler to set up but doesn't scale easily, as sourcing new drivers takes time.
This essentially means arranging private rides from within the company's staƯ. Alternating drivers among a group of colleagues. This option can be relatively easy to set up, as you don't require advanced technology, and simple communication, such as via email and smartphones, can be enough. It works well for one department (that works the same shift), but, like designated drivers, it is limited in scale.
Employees at the same company. Rather than the above two options, why not open up the program organization-wide? If people travel to work simultaneously, it doesn't matter which team or department they work for. Of course, this also means you need to provide a means to arrange groups – based on the proximity of people's home locations and accounting for any changes in individual participants – but more on that later…
Employees at the same campus or business park. Perhaps you work alongside multiple businesses in a larger oƯice or business complex? Well, why not get in touch and arrange a large-scale carpool program for the best results? This is also great for smaller companies that might not have enough staƯ to arrange a program successfully but still want to support them as much as possible!
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You don't need much more help from us for the first two. However, you'll find that flexibility is limited, and you're essentially putting the pressure and burden on individuals within your organization. This isn't good, for example, when a designated driver takes a sick day, and your HR staƯ needs to do some manual work to find a new driver in time. If you're not using an automated solution, you'll have to face these sudden changes and emergencies, which puts more pressure and strain on the organizers.
You'll need a solution for the latter two to support your staƯ in this endeavor. Again, an automated approach will be your friend here, enabling people to participate and find rides without putting huge burdens on the organizational team.
Internal communication tools like Microsoft Teams or Slack may be enough to kickstart the very first corporate carpooling initiatives.
2. Find Out Who Is Interested
Now that you understand the needs of your workforce more and the size of the teams/departments you wish to help, you need to see who is actually interested.
A simple survey can often be enough here. Send it out, ask who wants to join as a driver, who is only a passenger, and who is willing to do a little of both.
A simple online survey is a starting step in assessing who is interested in participating in a corporate carpooling program.
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However, this still leaves you with much work, so why not use a more sophisticated survey solution that removes the calculations? With Poola's carpooling simulation, for example, you can send a similar survey, adding working hours and home locations, and let the smart program simulate how eƯective the actual program would be – which is also a great incentive to get people onboard!
Speaking of incentives, don't feel afraid to oƯer benefits to those who participate. You can consider oƯering priority parking spaces or even subsidizing fuel costs. It's a good idea to mention this in the survey, as it'll turn more than one "no" into a "yes!". We've found these carpool incentives are essential for getting people's attention – and to get them to stick with the program in the first few weeks.
3. Choose Your Technology
Now you've got your answers – and some willing participants – it's time to create the platform for arranging the carpool.
A social network will be enough if you go with one of the first two carpool types –small groups or designated drivers. This can be Facebook, for example, or an internal communication method, such as Slack, Microsoft Teams, or WhatsApp. These will enable people to talk and arrange the carpools themselves.
Yet, if you want to enable people as eƯiciently as possible, it's better to use some automation.
This is also true for the latter two groups – largest business-wide or even cross-company carpools. As you scale up, it will be more diƯicult and stressful for staƯ to plan their daily trips. A mobile app like Poola will make all these problems disappear, as it calculates who is travelling with whom, plans the routes and does all the hard work for everyone, adapting each day to which staƯ is working.
A carpooling simulation can help you predict how eƯective a carpooling program can be in your company's case.
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4. Set The Rules
With the participants and technology sorted, you need to consider the rules. When discussing how to set up a carpool program, this area often gets overlooked – but it's important!
How far ahead do you plan who is driving and sharing a ride? This will vary from place to place, but you need a system for people who take vacations, for example, so they aren't dependent on you during this time.
What about people who are sick or otherwise cancel? If a driver cancels, you need a backup plan, whether it's another driver or arranging a taxi. If someone is late, there need to be clear rules; the drivers should only wait a certain amount of time or, if they are not notified, they may not need to wait. Make this clear so your staƯ knows what to do in such scenarios.
How do you choose the pick-up location? You may need compromise here, as there will seldom be perfect 'straight' lines. It's helpful for people to wait near the end of their roads, for example, to avoid having cars spend time turning around in neighborhoods too often.
How do you communicate during the trip? If people are late, they need a way to update the driver, who may already be on their way. Ensure every driver has a legal and safe way to communicate. Otherwise, they won't be able to answer the phone. How will costs be calculated and settled? Managing expenses is an important part of setting up a carpool program – you need a fair and valid system to ensure everyone feels safe and trusted. Find a way to agree on this with your staƯ – whether based on an equal split of the costs or the distance of each home. Of course, if you're also covering expenses on the company side, you also need an agreed fuel consumption rate for the mileage, so there are no arguments on the costs. Who will be overviewing the program and solving conflicts? You should always expect the unexpected. While an automated program like Poola can do much of the hard work for you, you may still need to step in and mediate any disputes. Ideally, this should be someone from an unbiased and objective point of view, such as a designated HR representative.
Many of these rules will be set and determined in the application of your choice. The more you can automate, the better! However, what's most important here is clear rules to follow.
This is the easiest path to confusion and internal disputes if anything is left to interpretation.
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Use your incentives strongly here, too, to ensure as many people as possible take part.
Recent studies in the US have shown that people don't miss their commutes to work, so with a gentle nudge, there's every chance they'll learn to love this new, stress-free approach.
Rideshare matching is a key component of the modern corporate carpooling system.
5. Start a Test Drive
Every great program needs a test run to iron out any problems. Expect issues in the first 2-4 weeks and use this time to finetune the program. Iteration is key here.
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If you're using software to generate reports, this will help identify where the best results are occurring, such as the most consistent/frequent carpools and those that save the most emissions, as well as who is and isn't participating.
Here are some issues you should pay close attention to:
Rideshare matching. Ensure that whatever system you have matches people up as well as possible. If you see matches that could be improved, this is a clear sign that a change could help!
Employee schedules. If there are mismatches between employee working hours, is this something your company could change to enable the rideshare scheme better? Last-minute cancellations. These will happen sooner or later, so make sure your plan (such as taxis or backup drivers) works well.
Engagement levels. In the first few weeks, you should compare your engagement levels with the initial interest expressed during the survey. Is it the same, more or less? If the numbers aren't good enough, you need to consider better incentives or more research to find out why.
Give yourself two weeks and make any potential changes based on this feedback. A little refinement never hurts!
How To Start A Carpool Program At Work
As you can see, setting up a carpool program is easy! All it takes is an eager workforce, a little preparation on the company's behalf, and some technology to organize everyone together.
And one last quick tip: the less work you make for individual employees to participate, the more eager they will be.
That being said, the average American has a commute of just under 2 hours (a length of time that previous sources have suggested is slowly increasing each year, too) – and that's in busy metro areas, where transportation should be readily available – so you'll likely have a few volunteers right from the start!
While there are several steps at the start, this is most of the work you'll ever need to do.
Better yet, with a solution like Poola, we'll even take care of it for you. In addition to our app, we'll also:
Provide initial consultation regarding best practices and advice on setting up a carpool program at work – tailored to your specific situation.
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Run a survey among your employees to assess their interest. Utilize our simulation program to give you the expected results, including how much parking space will be saved, the reduced carbon footprint, and the distances/times reduced to employee commutes.
Configure the system and deliver a mobile app ready for all your employees. Motivate and help ensure usage is as high as possible Monitor the system and generate any needed reports.
Solve problems such as rideshare matching and employee schedules, thanks to our app's algorithms and the direct involvement of one of Poola's community managers – a dedicated person you can always count on.
Support you and your team members 24/7!
There you go: how to set up a carpool program at work! Follow these steps in order, and you'll be able to get started easily.
Source: Poola-Carpooling for Companies, https://poola.app/how-to-set-up-a-carpool-program-at-work/
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TDM SPECIALISTS, INC. QUALIFICATIONS
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APPENDIX E
Sample Implementation Documents
The responsibility for implementation of the policies set forth in the compatibility plans adopted by airport land use commissions rests largely with the affected local jurisdictions. Implementation tools fall into the categories of notification and regulation. The state requires certain notification requirements effective January 1, 2004 (as a result of Assembly Bill 2776). Additional notification, in the form of a recorded deed notice, may also be appropriate. Regulation may take the form of individual property restrictions (avigation easements) or additional development controls in areas within the vicinity of an airport (an airport combining zone ordinance).
Required Notification-State law requires any person who intends to offer subdivided lands within California for sale or lease to file with the Department of Real Estate an application for a public report consisting of a notice of intention and a completed questionnaire. The notice shall include, for property within an AIA to include the following notice:
NOTICE OF AIRPORT IN VICINITY
This property is presently located in the vicinity of an airport, within what is known as an airport influence area. For that reason, the property may be subject to some of the annoyances or inconveniences associated with proximity to airport operations (for example: noise, vibration, or odors). Individual sensitivities to those annoyances can vary from person to person. You may wish to consider what airport annoyances, if any, are associated with the property before you complete your purchase and determine whether they are acceptable to you.
Recorded Deed Notice--Deed notices are a form of buyer awareness measure whose objective is to ensure that prospective buyers of airport area property, particularly residential property, are informed about the airport's impact on the property. Unlike easements, deed notices do not convey property rights from the property owner to the airport and do not restrict the height of objects. They only document the existence of certain conditions which affect the propertysuch as the proximity of the airport and common occurrence of aircraft overflights at or below the airport traffic pattern altitude. ALUCs may make recording of deed notices a requirement for project approval within portions of the airport influence area where avigation easements are not essential. Included in this Appendix is sample of a deed notice (from the California Airport Land Use Planning Handbook, 2002).
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A vigation Easement-A vigation easements transfer certain property rights from the owner of the underlying property to the owner of an airport. ALUCs may require avigation easement dedication as a condition for approval of development on property subject to high noise levels or a need to restrict heights of structures and trees to less than what might ordinarily occur on the property. Also, airports may require avigation easements in conjunction with programs for noise insulation of existing structures in the airport vicinity. Included in this Appendix is a sample avigation easement (from the California Airport Land Use Planning Handbook, 2002).
Airport Combining Zone Ordinance-An additional type of implementation document available to local jurisdictions is an airport combining zone ordinance. Possible components for such an ordinance are described in Table E-1.
TABLE E-1
POSSIBLE AIRPORT COMBINING ZONE COMPONENTS
An airport compatibility combining zoning ordinance might include some or all of the following components:
• Airspace Protection-A combining district can
establish restrictions on the height of buildings,
antennas, trees, and other objects as necessary to
protect the airspace needed for operation of the airport.
These restrictions should be based upon the current
version of Federal Aviation Regulations (FAR) Part 77,
Objects Affecting Navigable Airspace, Subpart C.
Additions or adjustment to take into account instrument approach (TERPS) surfaces should be made as
necessary. Provisions prohibiting smoke, glare, bird
attractions, and other hazards to flight should also be included.
• FAA Notification Requirements-Combining districts
also can be used to ensure that project developers are
informed about the need for compliance with the
notification requirements of FAR Part 77. Subpart B of
the regulations requires that the proponent of any project which exceeds a specified set of height criteria submit a Notice of Proposed Construction or Alteration (Form
7460-1) to the Federal Aviation Administration prior to commencement of construction. The height criteria
associated with this notification requirement are lower than those spelled out in Part 77, Subpart C, which
define airspace obstructions. The purpose of the
notification is to determine if the proposed construction would constitute a potential hazard or obstruction to
flight. Notification is not required for proposed structures that would be shielded by existing structures or by
natural terrain of equal or greater height, where it is obvious that the proposal would not adversely affect air safety.
• Maximum Densitiesnntensities-Airport noise and
safety compatibility criteria are frequently expressed in terms of dwelling units per acre for residential uses and people per acre for other land uses. These standards
can either be directly included in a combining zone or
used to modify the underlying land use designations.
For residential land uses, the correlation between the
compatibility criteria and land use designations is
direct. For other land uses, the method of calculating
the intensity limitations needs to be defined.
Alternatively, a matrix can be established indicating
whether each specific type of land use is compatible
with each compatibility zone. To be useful, the land use categories need to be more detailed than typically
provided by general plan or zoning ordinance land use
designations.
• Open Areas for Emergency Landing of Aircraft-In
most circumstances in which an accident involving a
small aircraft occurs near an airport, the aircraft is
under control as it descends. When forced to make an
off-airport emergency landing, pilots will usually attempt to do so in the most open area readily available. To
enhance safety both for people on the ground and the
occupants of aircraft, airport compatibility plans often contain criteria requiring a certain amount of open land near airports. These criteria are most effectively carried out by planning at the general or specific plan level, but may also need to be included in a combining district so that they will be applied to development of large
parcels. Adequate open areas can often be provided by
clustering of development on adjacent land.
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TABLE E-1
POSSIBLE AIRPORT COMBINING ZONE COMPONENTS
An airport compatibility combining zoning ordinance might include some or all of the following components:
• State Regulation of Obstructions----State law prohibits anyone from constructing or altering a structure or
permitting an object of natural growth to exceed the
heights established by FAR Part 77, Subpart C, unless
the FAA has determined the object would not or does not constitute a hazard to air navigation (Public Utilities Code, Section 21659). Additionally, a permit from the
Department of Transportation is required for any
structure taller than 500 feet above the ground unless
the height is reviewed and approved by the Federal
Communications Commission or the FAA
(Section 21656).
• Designation of High Noise-Impact Areas-California
state statutes require that multi-family residential
structures in high-noise exposure areas be constructed
so as to limit the interior noise to a Community Noise
Equivalent Level of no more than 45 dB. A combining
district could be used to indicate the locations where
special construction techniques may be necessary in
order to ensure compliance with this requirement. The
combining district also could extend this criterion to
single-family dwellings.
Sample Avigation Easement
• Areas of Special Compatibility Concern-A
significant drawback of standard general plan and
zoning ordinance land use designations is that they can be changed. Uses that are currently compatible are not
assured of staying that way in the future. Designation
of areas of special compatibility concern would serve
as a reminder that airport impacts should be carefully
considered in any decision to change the existing land
use designation. [A legal consideration which supports
the value of this concept is that down-zoning of a
property to a less intensive use is becoming more
difficult. It is much better not to have inappropriately up-zoned the property in the first place.]
• Real Estate Disclosure Policies-The geographic
extent and specific language of recommended real
estate disclosure statements can be described in an
airport combining zone ordinance.
This indenture made this __ day of ______ , 20_, between ________ _ herein after referred to as Grantor, and the [Insert County or City name], a political subdivision in the State of California, hereinafter referred to as Grantee. The Grantor, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, does hereby grant to the Grantee, its successors and assigns, a perpetual and assignable easement over the following described parcel of land in which the Grantor holds a fee simple estate. The property which is subject to this easement is depicted as _________ on "Exhibit A" attached and is more particularly described as follows:
[Insert legal description of real property] The easement applies to the Airspace above an imaginary plane over the real property. The plane is described as follows:
The imaginary plane above the hereinbefore described real property, as such plane is defined by Part 77 of the Federal Aviation Regulations, and consists of a plane [ describe approach, transition, or horizontal surface]; the elevation of said plane being based upon the _______ Airport official runway end elevation of ____ feet Above Mean Sea Level (AMSL), as determined by [Insert name and Date of Survey or Airport Layout Plan that determines the elevation] the approximate dimensions of which said plane are described and shown on Exhibit A attached hereto and incorporated herein by reference.
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The aforesaid easement and right-of-way includes, but is not limited to:
1) For the use and benefit of the public, the easement and continuing right to fly, or cause or permit the flight by any and all persons, or any aircraft, of any and all kinds now or hereafter known, in, through, across, or about any portion of the Airspace hereinabove described; and
2) The easement and right to cause or create, or permit or allow to be caused or created within all space above the existing surface of the hereinabove described real property and any and all Airspace laterally adjacent to said real property, such noise, vibration, currents and other effects of air, illumination, and fuel consumption as may be inherent in, or may arise or occur from or during the operation of aircraft of any and all kinds, now or hereafter known or used, for navigation of or flight in air; and 3) A continuing right to clear and keep clear from the Airspace any portions of buildings, structures, or improvements of any kinds, and of trees or other objects, including the right to remove or demolish those portions of such buildings, structures, improvements, trees, or other things which extend into or above said Airspace, and the right to cut to the ground level and remove, any trees which extend into or above the Airspace; and 4) The right to mark and light, or cause or require to be marked or lighted, as obstructions to air navigation, any and all buildings, structures, or other improvements, and trees or other objects, which extend into or above the Airspace; and
5) The right of ingress to, passage within, and egress from the hereinabove described real property, for the purposes described in subparagraphs (3) and (4) above at reasonable times and after reasonable notice.
For and on behalf of itself, its successors and assigns, the Grantor hereby covenants with the [Insert County or City name], for the direct benefit of the real property constituting the ______ _ Airport hereinafter described, that neither the Grantor, nor its successors in interest or assigns will construct, install, erect, place or grow in or upon the hereinabove described real property, nor will they permit to allow, any building structure, improvement, tree or other object which extends into or above the Airspace, or which constitutes an obstruction to air navigation, or which obstructs or interferes with the use of the easement and rights-of-way herein granted.
The easements and rights-of-way herein granted shall be deemed both appurtenant to and for the direct benefit of that real property which constitutes the ________ Airport, in the [Insert County or City name], State of California; and shall further be deemed in gross, being conveyed to the Grantee for the benefit of the Grantee and any and all members of the general public who may use said easement or right-of-way, in landing at, taking off from or operating such aircraft in or about the ________ Airport, or in otherwise flying through said Airspace.
Grantor, together with its successors in interest and assigns, hereby waives its right to legal action against Grantee, its successors, or assigns for monetary damages or other redress due to impacts, as described in Paragraph (2) of the granted rights of easement, associated with aircraft operations in
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the air or on the ground at the airport, including future increases in the volume or changes in location of said operations. Furthermore, Grantor, its successors, and assigns shall have no duty to avoid or mitigate such damages through physical modification of airport facilities or establishment or modification of aircraft operational procedures or restrictions. However, this waiver shall not apply if the airport role or character of its usage (as identified in an adopted airport master plan, for example) changes in a fundamental manner which could not reasonably have been anticipated at the time of the granting of this easement and which results in a substantial increase in the impacts associated with aircraft operations. Also, this grant of easement shall not operate to deprive the Grantor, its successors or assigns, of any rights which may from time to time have against any air carrier or private operator for negligent or unlawful operation of aircraft.
These covenants and agreements run with the land and are binding upon the heirs, administrators, executors, successors and assigns of the Grantor, and, for the purpose of this instrument, the real property firstly hereinabove described is the servient tenement and said _______ _ Airport is the dominant tenement.
DATED: _____ _
STATE OF:
COUNTY OF:
On _____ � before me, the undersigned, a Notary Public in and for said County and State, personally appeared _____ � and _____ known to me to be the persons whose names are subscribed to the within instrument and acknowledged that they executed the same.
WITNESS my hand and official seal.
Notary Public
Sample Deed Notice
A statement similar to the following should be included on the deed for any real property subject to the deed notice requirements set forth in the [Insert ALUC name] Airport Land Use Compatibility Plan. Such notice should be recorded by the county of [Insert County name]. Also, this deed notice should be included on any parcel map, tentative map, or final map for subdivision approval.
The Alameda County Airport Land Use Compatibility Plan and [Insert County/City name] Ordinance (Ordinance No. _____ ) identify a [Insert Airport name] Airport Influence Area. Properties within this area are routinely subject to overflights by aircraft using this publicuse airport and, as a result, residents may experience inconvenience, annoyance, or discomfort arising from the noise of such operations. State law (Public Utilities Code Section 21670 et seq.) establishes the importance of public-use airports to protection of the public interest of the people
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of the state of California. Residents of property near such airports should therefore be prepared to accept the inconvenience, annoyance, or discomfort from normal aircraft operations. Residents also should be aware that the current volume of aircraft activity may increase in the future in response to Alameda County population and economic growth. Any subsequent deed conveying this parcel or subdivisions thereof shall contain a statement in substantially this form.
Sample Overflight Notification
This Overflight Notificaiton concerns the real property situated in the City of ___ _ County of Alameda, State of California, described as ___ [ APN].._ __ _ This Overflight Notification provides notification of the condition of the above described property in recognition of, and in compliance with, CALIFORNIA BUSINESS & PROFESSIONS CODE Section 11010 and CALIFORNIA CIVIL CODE Sections 1102.6, 1103.4, and 1353, effective January 1, 2004, and related state and local regulations and consistent with policies of the Airport Land Use Commission for Alameda County for overflight notification provided in the Livermore Municipal Airport Land Use Compatibility Plan.
NOTICE OF AIRPORT IN VICINITY: This property is presently located in the vicinity of an airport, within what is known as an airport influence area. For that reason, the property may be subject to some of the annoyances or inconveniences associated with proximity to airport operations (for example: noise, vibration, or odors). Individual sensitivities to those annoyances can vary from person to person. You may wish to consider what airport annoyances, if any, are associated with the property before you complete your purchase and determine whether they are acceptable to you.
The Federal Aviation Administration (FAA) has regulatory authority over the operation of aircraft in flight and on the runway and taxiway surfaces at Livermore Municipal Airport. The FAA is, therefore, exclusively responsible for airspace and air traffic management, including ensuring the safe and efficient use of navigable airspace, developing air traffic rules, assigning the use of airspace and controlling air traffic. Please contact the FAA for more detailed information regarding overflight and airspace protection issues associated with the operation of aircraft.
The Airport Operator, The City of Livermore, maintains information regarding hours of operation and other relevant information regarding airport operations. Please contact your local airport operator for more detailed information regarding airport-specific operational issues including hours of operation.
This Overflight Notification shall run with the Property and shall be binding upon all parties having or acquiring any right, title, or interest in the Property.
Effective Date:---�' 20 _
EXHIBIT B
1038
1 DATE: March 5, 2024
Revised: August 4, 2025
Revised: August 12, 2025
Revised: August 19, 2025
ENGINEERING CONSIDERATIONS - EXHIBIT "A"
(Subject to revision prior to final approval
by Planning Commission and City Council)
TENTATIVE TRACT MAP: 8656 (SUB21-009), APZ21-
003, DA21-002
TENTATIVE TRACT MAP AMENDMENT: 8656 (SUB25-01),
SPDR25-005, CUP25-002, (Revised August 4, 2025)
LOCATION: SMP 39 – Jack London Blvd
APPLICANT: Hines, Inc on behalf of Pacific Fusion
(Revised August 4, 2025)
Note: Special conditions are shown in standard type. Standard conditions that apply to this project are shown in italics. In addition, standard conditions of approval for this project are listed in Section II of the Development Plan Check and Procedures Manual.
1. DEFINITIONS
For the purpose of this agreement, the following words shall have the meanings respectively ascribed to them by this section:
Developer : Person(s) or Corporation(s) signing final map(s) and subdivision agreement(s)
Improvement Plans: Construction drawings for required public and private improvements Services: Utility lateral, or any portions of a conduit cable or duct, between a utility distribution line and the site it serves
Project: The work to be performed by Developer
2. VESTING TENTATIVE MAP
Approval or conditional approval of this vesting tentative map shall not limit the City Engineer's ability to require workable designs on future grading and improvement plans based upon these
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1039
2 Engineering Considerations and the City's standard engineering specifications and details.
In addition to these Engineering Considerations the Developer shall comply with all requirements set forth in Development Agreement 21-001.
The tract map shall include easement dedications to the public for a multi-use trail and an Emergency Vehicle Access. The tract map shall also include private easement dedications for shared access and utilities.
3. GENERAL
The project shall be in conformance with all City Ordinances, rules, regulations, and policies. The conditions listed below are particularly pertinent to this permit and shall not be construed to permit violation of other laws and policies not so listed.
All required improvements shall be constructed prior to occupancy of the new buildings on this site and in accordance with DA21-002.
A. IMPROVEMENT PLANS - Exhibit A-1
An engineered improvement plan shall be prepared by the Developer for approval by the City's Departments (including the Community Development, Public Works, Fire, and Police Department), which shall include, but not necessarily be limited to, existing site conditions, dedications, grading plans, street design and grades, curb, gutter, sidewalk and driveway grades, and type, size and location of all public works improvements as herein required. Approval of this tentative map does not constitute approval of the details shown thereon. If there is any conflict between the tentative map and these Engineering Considerations, the Engineering Considerations shall govern.
No specific phased development plan has been submitted with this tentative tract application.
Therefore, all required improvements for this tentative map shall be constructed as one phase. A phased map could only be considered if a specific phasing plan is submitted for consideration as a tentative map amendment. (Revised August 4, 2025).
B. STANDARDS FOR IMPROVEMENT PLANS AND MAPS
All improvement plans and maps shall conform to the following City of Livermore documents except as modified by these engineering considerations:
1. City of Livermore Standard Specifications and Details
2. Development Plan Check and Procedures Manual
Completed final map and improvement plan checklists from the manual entitled "City of Livermore, Development Plan Check and Procedures Manual" shall be submitted with the first plan check submittal for each phase.
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1040
3 C. STANDARD CONDITIONS OF APPROVAL IN THE DEVELOPMENT PLAN
CHECK AND PROCEDURES MANUAL
All of the standard conditions of approval for subdivisions and major projects as listed in Part II of the City of Livermore Development Plan Check and Procedures Manual apply except for the following: A-2, A-9, A-13, A-14, A-15, A-16, A-17, B-5, B-16, K-1, K-2, K-3, N-1, U-1, U-2, U-3.
D. WORK IN OTHER JURISDICTIONS
The Developer is responsible for obtaining permits and approvals for construction work and property acquisition that are required by agencies other than the City of Livermore.
Creek improvements may be subject to requirements of any or all of the following agencies: (1) California Department of Fish and Game, (2) the Army Corps of Engineers, (3) the Regional Water Quality Control Board, (4) State Department of Water Resources (5) the U.S. Fish and Wildlife Service, and (6) Alameda County Flood Control and Water Conservation District (Zone 7).
E. SPECIFIC CONDITIONS
The project is proposing to install an Emergency Vehicle Access and Storm Drain main on City owned land subject to FAA regulations and requirements. The use of the City owned land will be subject to additional requirements including but not limited to FAA approval, Consistency Determination, compensation for use of City land, appraisals, and additional mapping. All actions necessary for the project’s use of City owned land shall be processed prior to the filing of the final map.
The Developer shall file a Tract Map as described in Section 2 of these Engineering Consideration and comply with the following conditions:
A. Relocate the multi-use trail along the Jack London Boulevard frontage.
B. Install trail signs per current City standards and specifications.
4. STREETS
A. SPECIFIC REQUIREMENTS:
The Developer shall offer easements and dedications for, and shall improve his share of the ultimate street widths for the following named streets in accordance with the City's General Plan:
West Jack London Boulevard
West Jack London Boulevard is a major street in the General Plan with an ultimate right-of-way width of 110 feet along the project frontage to accommodate 2 travel lanes and a bike lane in each direction separated by a 16 foot raised landscape median. The current configuration consists of one
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4 12 foot travel lane in each direction.
Along the project frontage, the Developer shall widen West Jack London Boulevard to accommodate the following configuration in the eastbound direction:
6’ 8’ bike lane
4’ 2’ striped separation
12’ travel lane
12’ travel lane
16’ raised and landscaped median (Revised August 4, 2025) The centerline of the ultimate right-of-way for Jack London Boulevard shall be located approximately 52 feet from the existing north curb face.
The tract map shall include dedication of right-of-way for the widened portion of West Jack London Boulevard along the project frontage. Because West Jack London is planned to be realigned west of the project, the tract map shall also include a dedication for the right-of-way for the future extension of West Jack London Boulevard.
Additionally, the existing trail along the southern edge of Jack London Boulevard shall be relocated southerly outside of the new Jack London right-of-way into a new easement that will incorporate the trial, landscaping and stormwater treatment for the widened road as shown on the tentative map.
Final design of the widened Jack London Boulevard shall include but is not limited to appropriate transitions to and from the existing street; modifications to signing and striping; and any surface treatments and/or structures.
Jack London Boulevard shall be given a 1-1/2" A.C. overlay across the full width. Key cutting will be required at the conform points and along the gutter.
The widening of West Jack London Boulevard shall include the installation of street lights. The final layout of the street lights will be determined by the City Engineer during the development of improvement plans for the street widening.
West Jack London Boulevard & Discovery Drive (Revised: August 19, 2025) Install directional signage, sharrows, and a bike box along the west bound left turn lane as needed at the intersection of West Jack London Boulevard and Discovery Drive to guide cyclists onto the existing trail. This trail will ultimately connect to the new 10-foot-wide multi-use path along the project frontage.
Future Public Street
If a public street is added to the project in the future then this street must meet City standards for right-of-way and design in order to be eligible for TIF credits and/or reimbursement. (Revised
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1042
5 August 4, 2025)
Emergency Vehicle Access
The project is proposing both an on-site and off-site emergency vehicle access. Both EVAs shall be designed to be an all weather access for emergency vehicles and must be able to withstand a vehicle loading of 75,000 lbs. For the on-site EVA, the Developer shall dedicate an Emergency Vehicle Access Easement on the map to the City. For the off-site portion of the EVA the Developer shall prepare easement dedication documents for the City to grant the EVA to the project and shall enter into a maintenance agreement with the City to ensure the ensure the long term maintenance of the emergency vehicle access.
CASp Certification for Public Walkways/Sidewalks
The Developer shall have a certified CASp Specialist review and certify that the design for all pedestrian improvements within the public right-of-way or a public easement complies with the following applicable regulations: American with Disabilities Act (ADA) requirements, the Public Rights-of-Way Accessibility Guidelines (PROWAG), and the requirements found in Chapter 11B of the 2019 most recent California Building Code. If an accessibility design cannot meet the above listed applicable standards, the Developer shall propose and the CASp Specialist shall concur with a design exception request for approval by the City Engineer or their designee. In addition, the Developer shall have the certified CASp Specialist inspect and certify that pedestrian improvements are installed per the CASp certified design. Pedestrian improvements include new trails, walkways, sidewalks, accessible ramps, connections between existing and new pedestrian improvements, and modifications to existing pedestrian improvements within or adjacent to the project site, as shown on the approved plans. (Revised August 4, 2025)
5. TRAFFIC SIGNALS (Revised August 4, 2025)
Install fully traffic actuated traffic signals per current City and Caltrans standards and using equipment as specified by the City Engineer at the following intersections:
West Jack London Boulevard and the east project entrance The median shall be modified at this location to allow for west bound left turns into the project.
Traffic signals shall be in operation seven days prior to the first occupancy.
Future traffic signal needs will be determined at the time of future development of the remainder parcel.
Bike Detection for Trail (Revised: August 19, 2025)
If feasible, provide bike detection at new signalized intersection for trail user.
EXHIBIT B
1043
6 6. TRAFFIC IMPACT FEE CREDITS AND REIMBURSEMENTS:
A. CREDITS
The Developer will be eligible for credit against their traffic impact fee for the TIF eligible portions of the following construction: West Jack London Boulevard and future public street. (Revised August 4, 2025)
Traffic impact fee credits will be calculated at the time the subdivision agreement is prepared prior to final parcel map approval. The traffic impact fee credit for construction will be based on cost estimates for the TIF work as approved by the City Engineer. The traffic impact fee for the development will also be calculated based on the traffic impact fee per unit of development at that time to determine how TIF credits will be applied to the building permits.
7. SANITARY SEWERS
The project is proposing to install a force main to serve Lots 1-2. This force main shall connect to an on-site private pump station before connecting to the public pump station on West Jack London Boulevard. The remaining lots shall connect directly to the public sewer main in West Jack London Boulevard.
Sewer laterals with cleanouts behind the curb shall be installed to each lot or site before the streets are surfaced.
8. STORM WATER DRAINAGE AND TREATMENT REQUIREMENTS
A. General
1. This site is subject to the National Pollutant Discharge Elimination System (NPDES) Program.
Prior to the issuance of the initial grading or building permit, the Developer shall provide evidence that the site is covered by the statewide General Permit to Discharge Storm Water associated with construction activity. This requires confirmation that a Notice of Intent (NOI) and the applicable fee was sent to the State Water Resources Control Board. In addition, the grading plans need to state:
"All grading shall be in accordance with the Storm Water Pollution Prevention Plan prepared by the Developer per the Notice of Intent on file with the State Water Resources Control Board".
2. Necessary interceptor ditches shall be concrete. Field inlets and storm drainage pipe may be necessary in conjunction with concrete interceptor ditches as secondary drainage releases. All interceptor ditches shall be privately maintained.
B. Storm Drainage Requirements
The project is proposing to install an off-site storm drain main through City property to coincide with an off-site Emergency Vehicle Access. The private storm drain shall be located in an all weather
EXHIBIT B
1044
7 access road and the Developer shall comply with any necessary requirements for the installation of this main as noted in Section 3.E above.
Per the City’s Facilities Planning Guidelines (dated June 2005), the flows must have the following characteristics:
For a 10-year design discharge: a hydraulic grade line (HGL) is no higher than 1.25 feet below the top of curb elevation at any manhole or inlet.
For a 100-year design discharge: a HGL does not exceed the top of curb elevation.
For additional detail on these guidelines, the applicant should refer to the following resources:
City of Livermore Storm Drain Master Plan & City of Livermore Facilities Planning Guidelines (both available at the Engineering counter at City Hall).
C. Stormwater Infrastructure Maintenance Funding
The cost to maintain all private storm water infrastructure installed with this project shall be funded by the Developer.
D. Channels – Not Used
E. Storm Water Treatment, Detention and Low Impact Development Requirements
1. The Developer shall treat the storm water runoff from this site prior to having the storm water enter the City’s storm water distribution system. Stormwater Treatment, Low Impact Development, and Trash Capture is required by the Regional Water Quality Control Board.
The Developer shall complete and or update the Stormwater Requirements Checklist. The Developer shall provide a storm water treatment plan with calculations indicating treatment that meets the latest requirements described in Section C.3 of the City’s NPDES Permit with the Regional Water Quality Control Board. City approval of this plan and calculations is required prior to the approval of the improvement plans.
2. If this project is greater than one acre, the Developer shall provide a Hydrograph Modification Plan (HMP) with calculations in accordance with the Alameda Countywide Cleanwater Program (ACCWP) Bay Area Hydrology Model (BAHM) guidelines. The software for the design of control measures to meet the Flow Duration Control is available to download from www.bayareamodel.org. For additional information you may contact Debbie Salgado in the City’s Engineering Department at (925-960-4558)
3. Prior to final map approval, the applicant shall enter into a maintenance agreement with the City of Livermore for all storm water treatment devices deemed necessary on this site. The stormdrain treatment devices shall be shown on the plat plans and included in the Operations and Maintenance Agreement. The Operations and Maintenance Agreement(s) shall be recorded prior to recordation of the Final Map.
EXHIBIT B
1045
8 F. Stormwater Treatment Infrastructure Maintenance Funding The cost to maintain all storm water treatment, detention and low impact development infrastructure installed with this project shall be funded by the Developer.
9. REQUIRED SOURCE CONTROL STORMWATER MEASURES
The Regional Water Quality Control Board adopted Order R2-2022-0018 issuing the Alameda Countywide NPDES municipal storm water permit for the Alameda Countywide Clean Water Program. The 17 member agencies, including Livermore, are subject to this permit and all its requirements including the following:
“The Permittees shall, as part of their continuous improvement process, submit enhanced new development and significant redevelopment Performance Standards that summarize source control requirements for such projects to limit pollutant generation, discharge, and runoff, to the maximum extent practicable…” In accordance with this requirement, the following source control measures, included as part of these Conditions of Approval, shall be implemented as a part of this project.
A. Structural Control Measures
1. Illegal Dumping to Storm Drain Inlets and Waterways
On-site storm drain inlets, except inlets located in landscaped areas, shall be clearly marked with the words “No Dumping! Flows to Bay” on a plastic marker. The plastic markers are available for purchase from the Water Resources Division. For ordering information, please call 925-960-8100. For projects with newly-developed, privately-maintained streets, agency staff will verify that storm drain inlets have been marked before the final sign-off on the project’s building permit or encroachment permit.
2. Interior Floor Drains
Approved interior floor drains shall be plumbed to the sanitary sewer system and shall not be connected to the storm drain system. The applicant shall contact the Water Resources Division for specific connection and discharge requirements.
3. Parking Garages – Not Used
4. Pesticide/Fertilizer Application and Irrigation
a. Landscaping shall be designed to minimize irrigation and runoff, promote surface infiltration where possible, minimize the use of fertilizers and pesticides that can contribute to storm water pollution, and incorporate appropriate Bay-Friendly Landscaping principles.
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1046
9 b. If a landscaping plan is required as part of a development project application, the plan shall meet the following conditions related to reduction of pesticide use on the project site:
I. Where feasible, landscaping shall be designed and operated to treat storm water runoff by incorporating elements that collect, detain, and infiltrate runoff. In areas that provide detention of water, plants that are tolerant of saturated soil conditions and prolonged exposure to water shall be specified.
II. Plant materials selected shall be appropriate to site specific characteristics such as soil type, topography, climate, amount and timing of sunlight, prevailing winds, rainfall, air movement, patterns of land use, ecological consistency and plant interactions to ensure successful establishment.
III. Existing native trees, shrubs, and ground cover shall be retained and incorporated into the landscape plan to the maximum extent practicable.
IV. Unless otherwise specified, proper maintenance of landscaping shall be the responsibility of the property owner.
V. Integrated pest management (IPM) principles and techniques shall be encouraged as part of the landscaping design. Some examples of IPM principles and techniques include the following:
i. Select plants that are well adapted to soil conditions at the site. ii. Select plants that are well adapted to sun and shade conditions at the site.
Consider future conditions when plants reach maturity. Consider seasonal changes and time of day.
iii. Provide irrigation appropriate to the water requirements of the selected plants. iv. Select pest and disease resistant plants.
v. Plant a diversity of species to prevent a potential pest infestation from affecting the entire landscaping plan.
vi. Use “insectary” plants in the landscaping to attract and keep beneficial insects.
VI. Landscaping shall also comply with City of Livermore’s “Water Efficient Landscape Ordinance”. However, areas of a site used for bio-swales or other landscaped areas that function as a storm water treatment measure shall be exempt from the Water Efficient Landscaping requirements.
VII. An efficient irrigation system shall be installed in areas requiring irrigation. An example of an efficient irrigation system is one that includes a weather-based (automatic, self-adjusting) irrigation controller with a moisture and/or rain sensor
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10 shutoff, and in which sprinkler and spray heads are not permitted in areas less than 8 feet wide.
5. Pool, Spa, and Fountain Discharges – Not Used
6. Food Service Equipment Cleaning – Not Used
7. Refuse Areas
a. New or redevelopment projects shall provide a roofed and enclosed area for dumpsters, recycling containers, compactors, and food waste containers. The area shall be designed to prevent water run-on to the area, to prevent runoff from the refuse area and to properly contain litter and trash. Dumpster leakage from covered trash and food compactor enclosures shall drain to the sanitary sewer via connection to an approved oil and grease interceptor device if required.
b. Runoff from trash enclosures, recycling areas, and/or food compactor enclosures or similar facilities shall not discharge to the storm drain system. Trash enclosure areas shall be designed to avoid run-on to the trash enclosure area. In most cases, drains are not permitted within trash enclosure areas. A drain, however, must be provided for compactors. If a drain is required in or beneath dumpsters, compactors, and tallow bin areas, it shall be connected to a grease removal device prior to discharging to the sanitary sewer.
8. Outdoor Process Activities/Equipment1 – Not Used
a. Process activities shall be performed either indoors or in roofed outdoor areas. If performed outdoors, the area shall be designed to prevent the “run-on” of storm water drainage, as well, as the runoff from the area with process activities. b. Process equipment areas shall drain to the sanitary sewer system. The applicant shall contact the Water Resources Division for specific connection and discharge requirements.
9. Outdoor Equipment/Materials Storage – Not Used
10. Vehicle/Equipment and Commercial/Industrial Cleaning
11. Vehicle/Equipment Repair and Maintenance – Not Used
12. Fuel Dispensing Areas – Not Used
13. Loading Docks
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11 a. Loading docks shall be graded to minimize run-on to and runoff from the loading area.
Storm water runoff from loading dock areas shall be directed or connected to a postconstruction storm water treatment measure(s) prior to discharge to the storm drain system. b. Door skirts between the trailers and the building shall be installed to prevent exposure of loading activities to rain, unless one of the following conditions applies: the loading dock is covered, or the applicant demonstrates that rainfall will not result in an exposure of storm water to pollutants.
14. Fire Sprinkler Test Water
Provisions shall be made in the project design and construction to allow for the discharge of fire sprinkler test water to an onsite vegetated area. If this is not feasible, provide for discharge to the sanitary sewer in accordance with current plumbing codes.
15. Miscellaneous Drain or Wash Water
a. Boiler drain lines shall be connected to the sanitary sewer system and may not discharge to the storm drain system.
b. For small air conditioning units, air conditioning condensate shall be directed to landscaped areas as a minimum BMP. For large air conditioning units, in new developments or significant redevelopments, condensation lines shall be connected to the sanitary sewer system, wherever feasible.
c. Roof drains shall discharge and drain away from the building foundation to landscaped areas wherever feasible.
d. Washing and/or steam cleaning activities must be performed at an appropriately equipped facility that drains to the sanitary sewer as specified in Section J. Any outdoor washing or pressure washing must be in compliance with the City’s Stormwater Management Program requirements and managed in such a way that there is no discharge of soaps or other pollutants to the storm drain system. The applicant shall contact the Water Resources Division for specific discharge requirements.
16. Architectural Copper Installation – Not Used
B. II. OPERATIONAL BMPS
This section details Best Management Practices (BMP) that private property owners and/or the occupants of private property must implement following the construction of projects. Ultimately, the responsibility for implementation of these BMPs rests with the property owners. The City of Livermore’s Source Control Program routinely performs inspections of industrial and commercial sites to verify BMP implementation and effectiveness.
1. Paved Sidewalks and Parking Lots
EXHIBIT B
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12 Sidewalks and parking lots shall be swept regularly to minimize the accumulation of litter and debris. Wash water resulting from the pressure washing of parking lots must be captured, pretreated (if necessary) to meet local discharge limits, and discharged to the sanitary sewer.
Wash water resulting from the pressure washing of sidewalks may be allowed to drain to the storm drain system provided that (a) no soap or other cleaning agents are used, and (b) all debris are trapped and collected to prevent entry into the storm drain system. Under no circumstances shall washwater containing any soap or other cleaning agents be discharged to the storm drain system.
2. Private Streets, Utilities and Common Areas
a.The owner of private streets and storm drains shall prepare and implement a plan for street sweeping of paved private roads and cleaning of all storm drain inlets.
3. Vehicle/Equipment Repair and Maintenance – Not Used
4. Fueling Areas – Not Used
5. Loading Docks
The property owner shall ensure that BMPs are implemented to prevent potential storm water pollution. These BMPs shall include, but are not limited to, a regular program of sweeping, litter control, and spill clean-up.
6. On-site Storm Drains
All on-site storm drains must be inspected and, if necessary, cleaned at least once a year immediately prior to the rainy season.
7. Architectural Copper Cleaning, Treating or Washing – Not Used
10. WATER SUPPLY (CITY)
Water mains shall be extended across all frontages of each phase and all waterline valves must notate “EPDM” on the valve body.
The developer shall install pressure reduction valves (PRVs), backflow prevention devices and appurtenances on the potable and reclaimed water services as directed by the City Engineer.
The fire service backflow preventer(s) shall be effectively screened from the public right-of-way while at the same time preserving ease of maintenance access to the backflow preventer(s).
Screening shall be as specified on City Standard Detail W-10A, B and C. The fire service backflow preventer(s) shall meet the performance standards of the backflow preventer shown in City Standard Detail W-10A, B and C.
EXHIBIT B
1050
13 Prior to removal of a 1-inch, a 1.5-inch, or a 2-inch water service, the Developer shall contact the City’s Water Resources Division at (925) 960-8100, and ask if the City would like to convert the service to a water sampling station. Existing water services (of any size) that will not be used by the proposed development shall be abandoned at the main. Large services shall be abandoned by placing a blind flange on the tee at the main. Small services shall be abandoned by removing the corporation stop valve and installing the appropriate plug in the service saddle. Any valves or meters on abandoned services shall be removed. The meters shall be returned to the Water Resources Division if they are not reused. The Developer shall coordinate water service removals with the City’s Water Resources Division as well as with the public works inspector.
Because the project is located within the reclaimed water service area, the irrigation system shall be connected to the reclaimed water system. If the Reclaimed water main is not currently located along the sight frontage of this project, the Developer shall extend the water main as necessary to connect to the main along said project site frontage.
Submit an application for a permit to use recycled water to the Water Resources Division of Public Works.
11. UNDERGROUNDING OF UTILITIES:
All existing and new electric (with the exception of any 60 KV and higher voltage wires) and communication lines along the project frontage and within the project shall be placed underground.
Electric, gas, Comcast and SBC utilities are required and shall be placed in a common trench. All electric transformers shall be placed underground. (Commercial and industrial developments may have above ground transformers).
12. TRAILWAY/BIKEWAY REQUIREMENTS
Active Transportation Plan
Certain portions of this development are within the City of Livermore Active Transportation Plan established and adopted as part of the General Plan. The Developer will be required to dedicate and develop that certain land within and adjacent to this development for various trail and bikeway transportation purposes.
The relocated trail along Jack London Boulevard shall be a minimum of 10 ft wide and include but is not limited to appropriate transitions to and from the existing trail; modifications to signing and striping; and any surface treatments. (Revised August 4, 2025) (Revised August 12, 2025)
Trail Ramps (Revised: August 19, 2025)
Directional ramps shall be installed at all driveway crossings along the trail.
13. MEDIANS AND OTHER LANDSCAPED AREAS
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14 Since the City has a new centralized irrigation system with a computer terminal and modem located at the City’s Maintenance Service Center, the Developer shall install a City standard centralized irrigation controller system with communication accessories as approved by the City. The City may exempt this requirement based on the limited size of the landscape area.
14. HORTICULTURIST'S REPORT – Not Used
15. SPECIAL DISTRICTS
A. Landscaping and Lighting Maintenance and Operation – Not Used B. Assessment District
The development shall annex into Community Facilities District No. 2021-1 (Citywide Maintenance) to provide for maintenance funds for public infrastructure installed with this project. The public infrastructure to be included in the CFD shall include but is not limited to:
1. Public trail along Jack London Boulevard
The Developer shall initiate and bear the costs for the annexation into CFD 2021-1.
Annexation documents shall be filed with the filing of the final map. The necessary documentation shall be submitted for City review with the first improvement plan submittal.
16. AIRPORT LOCATION
This development is located in the vicinity of the Livermore Municipal Airport. Aircraft operations in the vicinity of the property may potentially create nuisances, including but not limited to noise, vibration or odors. The owner and or future buyer should be aware that operations and flight numbers at the Livermore Municipal Airport could increase in the future. A report must be filed with the Division of Real Estate relative to this matter.
An avigation easement shall be granted to the City. The grant shall be made on the City's "Avigation Easement" form.
17. SUBDIVISION AGREEMENT AND SECURITY
Following tentative map approval, the Subdivision Improvement Agreement will not be submitted to the City Council until the Developer has submitted all of the documents indicated in the “Final Approval of Tract Map Checklist” in the Development Plan Check and Procedures Manual (28) days prior to the city council meeting at which the final map will be considered for final approval by the City Council.
18. FEE AMOUNTS
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15 The Developer will be required to pay the applicable development impact fees and project processing fees due in connection with this subdivision. The fee shall be the amount in effect at the time the fee is required to be paid.
19. VEHICLE ACCESS
Prior to or with the submittal for the first plan check of the tract improvement plans and final map, the Developer shall submit for review and approval a traffic control plan for providing safe entry to and exit from the site. The purpose of the plan is to insure that there will be safe entry and exit by construction and other vehicles prior to the installation of the required permanent improvements on Jack London Boulevard.
Access to the development by construction equipment, material delivery and other heavy loads shall be limited by the Developer to the following route:
Isabel Avenue, Jack London Boulevard
Such heavy loads will not be allowed on existing residential streets in the vicinity of the development.
The wheel-loading on the above routes shall not exceed State load limits.
20. PHASING (Revised August 4, 2025)
The developer is proposing to file multiple final maps for the project. Per the Amended Tentative Map for Tract 8659, the first final map will subdivide the project to create the parcel for Phase 1 with Phase 2 reserved for future subdivision. The developer shall dedicate easements and construct public improvements in phases as follows:
Phase 1:
a) Jack London Boulevard along Phase 1 with appropriate transitions b) Multi-use trail along Jack London Boulevard with appropriate transitions Phase 2:
a) Remainder of Jack London Boulevard along Phase 2
b) Remainder of Multi-use trail along Jack London Boulevard along Phase 2 c) Emergency Vehicle Access
d) Future public street
FL:DES
EC SMP 39 VTTM 8656 Amendment final for CC 8-12-25
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1 RESOLUTION NO. ________
IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA
A RESOLUTION AUTHORIZING ECONOMIC INCENTIVE PACKAGE TERMS FOR
PACIFIC FUSION AND DIRECTING STAFF TO NEGOTIATE AND PREPARE
NECESSARY AND RELATED DOCUMENTS FOR SUBSEQUENT COUNCIL ACTION On April 24, 2025, Pacific Fusion applied to develop an approximately 14-acre portion of a parcel identified by Assessor's Parcel Number (APN) 904-3-1-4, known as SMP 39, located on the south side of West Jack London Boulevard adjacent to the existing Oaks Business Park.
The City of Livermore is competing with other jurisdictions to attract the Pacific Fusion research and development (and demonstration) facility.
Pacific Fusion proposes to build a light industrial building that would function as a research and development and advanced manufacturing facility that would test and demonstrate commercially viable clean energy through fusion power. The goal of the system is to produce net energy gain, defined as deriving more energy output than input.
Fusion energy systems could replace legacy energy production facilities by producing plentiful, reliable, safe, and clean energy.
The Project is consistent with the goals and policies of Livermore’s General Plan, Strategic Plan, and Climate Action Plan related to fostering an innovation economy, creating jobs, expanding the tax base, and promoting renewable technologies.
The Project represents an approximately $1 billion total investment, which would provide a range of fiscal and economic benefits to Livermore, including approximately $1 million in annual revenue; approximately 250 permanent, high-wage jobs; and additional community benefits.
Pacific Fusion’s venture capital funding is tied to achieving technical milestones and key performance metrics. Achieving these metrics requires significant capital and the high cost of doing business in California compared to other locations under consideration could potentially limit resources needed to meet these technical milestones.
Any cost savings on business operations would be beneficial to the mid-to-longterm viability of the company and the City’s competitiveness compared to other jurisdictions.
On September 8, 2024, 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 Economic Incentive Package (“the 1054
2 RESOLUTION NO. ________
Incentives”), and at a properly noticed public meeting, the City Council reviewed written and oral staff reports, conducted a public hearing on the Incentives, took testimony, and received into the record all pertinent documents related to the Incentives (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 Record Evidence and adopted a resolution finding the Project to be exempt from the provisions of California Environmental Quality Act (CEQA) under Public Resources Code Section 21080.69, as amended by Senate Bill 131, a project that consists exclusively of a facility for advanced manufacturing; and adopting an Addendum to the 2024 SMP 39/40 Environmental Impact Report (SCH 2023010091) pursuant to the provisions of CEQA. Further, the Economic Incentive Package would facilitate and help implement the Project as exempted or otherwise evaluated in the Addendum and therefore does not require additional analysis.
BE IT FURTHER RESOLVED that the City Council of the City of Livermore finds that the Project’s investment, creation of jobs, expansion of the tax base, enhancement of clean energy and contributions into the Livermore economy, as described in the Record of Evidence, are of a net public benefit and would improve the economic welfare of the City and its residents.
BE IT FURTHER RESOLVED that, in consideration of the net public benefit, the City Council of the City of Livermore directs the City Manager or their designee to offer and negotiate the following Economic Incentive terms to Pacific Fusion, including, but not limited to:
1. Unsecured Property Tax: Rebate for a period of 10 years eighty percent of the City’s portion of all required unsecured property tax for the Project, consistent with the California Revenue and Taxation Code (RTC), Division 1, Part 2.
2. Industrial Construction Tax: Amend Livermore Municipal Code Chapter 3.08 to allow the City to waive or adjust the industrial construction tax under specific conditions in certain industrial districts for unique research and development facilities, or experimental and testing laboratories, that generate a range of medium to high-wage jobs.
3. Community Facilities District: Form a Community Facilities District (CFD) for the Project site, to include public infrastructure and public impact fees, consistent with all requirements of the Mello-Roos Community Facilities Act of 1982 (California Government Code Sections 53311 – 53368.3).
BE IT FURTHER RESOLVED that the City Council of the City of Livermore directs the City Manager or their designee to prepare all necessary and related documents to implement the Economic Incentive Package and to return to the Council for subsequent actions, provided that Pacific Fusion opts to locate its facility in Livermore. 1055
3 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 September 8, 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Christine Crowl
Deborah L. Elam Christine Crowl
City Clerk Special Counsel
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CITY COUNCIL STAFF REPORT ITEM NO. 8.1
DATE: September 8, 2025
TO: Honorable Mayor and City Council
FROM: Marianna A. Burch, City Manager
SUBJECT: Designation of voting delegate and alternates for the 2025 League of California Cities General Assembly.
RECOMMENDED ACTION
Staff recommends the City Council appoint one voting delegate and up to two alternates to represent the City of Livermore at the 2025 League of California Cities General Assembly.
DECISION TYPE
Administrative
SUMMARY
Each year the League of California Cities (“League”) holds a General Assembly where League membership considers and takes action on resolutions that establish League policy. In order to vote during the General Assembly, the City Council must designate a voting delegate and up to two alternates.
DISCUSSION
The League of California Cities is an association of California city officials who work together to shape policies affecting local government. The League’s Annual Conference is scheduled for October 8-10, 2025, at the Long Beach Convention Center, including the General Assembly on October 10, 2025. At the General Assembly, cities will vote on resolutions that establish League policy. In order to vote on behalf of the City of Livermore during the General Assembly, the City Council must designate a voting delegate and up to two alternates, one of whom may vote in the event that the designated voting delegate is unable to serve in that capacity. This action must be taken by the City Council and cannot be accomplished by individual action of the mayor or city manager.
The voting delegate and alternates must be registered to attend the League’s Annual Conference (either the entire conference or October 10th only). To cast the City’s vote, the delegate or alternate must have 1057
in their possession the City’s voting card and voting tool, and be registered with the League’s Credentials Committee. The voting card may be transferred freely between the voting delegate and alternates.
After the delegate and alternates have been designated by the City Council, staff will submit the online Voting Delegate Form to the League by the deadline of September 24, 2025.
FISCAL AND ADMINISTRATIVE IMPACTS
There are no fiscal and administrative impacts associated with the designation of a voting delegate and alternates.
COMMUNITY PILLAR
5: A City That Works
GOAL
3: Oversee the City's legislative advocacy efforts
ATTACHMENTS
1. 2025 Cal Cities Voting Delegate Information Packet
Prepared by: Debbie Elam
City Clerk
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
1058
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org DATE: Wednesday, July 16, 2025
TO: Mayors, Council Members, City Clerks, and City Managers RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES
League of California Cities Annual Conference and Expo, Oct. 8-10, 2025 Long Beach Convention Center
Every year, the League of California Cities convenes a member-driven General Assembly at the Cal Cities Annual Conference and Expo. The General Assembly is an important opportunity where city officials can directly participate in the development of Cal Cities policy.
Taking place on Oct. 10, the General Assembly is comprised of voting delegates appointed by each member city; every city has one voting delegate. Your appointed voting delegate plays an important role during the General Assembly by representing your city and voting on resolutions.
To cast a vote during the General Assembly, your city must designate a voting delegate and up to two alternate voting delegates, one of whom may vote if the designated voting delegate is unable to serve in that capacity. Voting delegates may either be an elected or appointed official.
Action by Council Required. Consistent with Cal Cities bylaws, a city’s voting delegate and up to two alternates must be designated by the city council. Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone.
Following council action, please submit your city’s delegates through the online submission portal by Wed., Sept. 24. When completing the Voting Delegate submission form, you will be asked to attest that council action was taken. You will need to be signed in to your My Cal Cities account when submitting the form.
Submitting your voting delegate form by the deadline will allow us time to establish voting delegate/alternate records prior to the conference and provide pre-conference communications with voting delegates.
Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. Conference registration is open on the Cal Cities website.
Council Action Advised by September 24, 2025
ATTACHMENT 1
1059
For a city to cast a vote, one voter must be present at the General Assembly and in possession of the voting delegate card and voting tool. Voting delegates and alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the voting delegate desk. This will enable them to receive the special sticker on their name badges that will admit the voting delegate into the voting area during the General Assembly.
Please view Cal Cities’ event and meeting policy in advance of the conference.
Transferring Voting Card to Non-Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the General Assembly, they may not transfer the voting card to another city official.
Seating Protocol during General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.
The voting delegate desk, located in the conference registration area of the Long Beach Convention Center in Long Beach, will be open at the following times: Wednesday, Oct. 16, 8:00 a.m.-6:00 p.m. and Thursday, Oct. 17, 7:30 a.m.-4:00 p.m. On Friday, Oct. 18, the voting delegate desk will be open at the General Assembly, starting at 7:30 a.m., but will be closed during roll calls and voting.
The voting procedures that will be used at the conference are attached to this memo.
Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city’s voting delegate and alternates.
Once again, thank you for submitting your voting delegate and alternates by Wednesday, Sept. 24. If you have questions, please contact Zach Seals at [email protected].
Attachments:
• General Assembly Voting Guidelines
• Information Sheet: Cal Cities Resolutions and the General Assembly ATTACHMENT 1
1060
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org General Assembly Voting Guidelines
1. One City One Vote. Each member city has a right to cast one vote on matters pertaining to Cal Cities policy.
2. Designating a City Voting Representative. Prior to the Cal Cities Annual Conference and Expo, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the voting delegate form provided to the Cal Cities Credentials Committee.
3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the voting delegate desk in the conference registration area. Voting delegates and alternates must sign in at the voting delegate desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the General Assembly.
4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city’s voting card by providing a signature to the credentials committee at the voting delegate desk, may sign petitions to initiate a resolution.
5. Voting. To cast the city's vote, a city official must have in their possession the city's voting card and voting tool; and be registered with the credentials committee. The voting card may be transferred freely between the voting delegate and alternates but may not be transferred to another city official who is neither a voting delegate nor alternate.
6. Voting Area at General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.
7. Resolving Disputes. In case of dispute, the credentials committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the General Assembly.
ATTACHMENT 1
1061
Sixty days before the
Annual Conference
and Expo, Cal Cities
members may submit
policy proposals on
issues of importance
to cities. The resolution must
have the concurrence of at least
five additional member cities or
individual members.
How it works: Cal Cities
Resolutions and the General Assembly
General Assembly
General Resolutions Policy Committees
Developing League of California Cities policy is a dynamic process that engages a wide range of members to ensure Cal Cities represents cities with one voice. These policies directly guide Cal Cities’ advocacy to promote local decision-making, and lobby against statewide policies that erode local control.
The resolutions process and General Assembly is one way that city officials can directly participate in the development of Cal Cities policy. If a resolution is approved at the General Assembly, it becomes official Cal Cities policy. Here’s how resolutions and the General Assembly work.
The petitioned
resolution is an
alternate method
to introduce policy
proposals during
the annual conference. The
petition must be signed by
voting delegates from 10% of
member cities, and submitted to
the Cal Cities President at least
24 hours before the beginning
of the General Assembly.
Petitioned Resolutions
The Cal Cities
President assigns
general resolutions
to policy committees
where members
review, debate, and recommend
positions for each policy proposal.
Recommendations are forwarded
to the Resolutions Committee.
Who’s who
The Resolutions Committee
includes representatives
from each Cal Cities
diversity caucus, regional
division, municipal
department, and policy
committee, as well as
individuals appointed by
the Cal Cities president.
Voting delegates
are appointed by each
member city; every city
has one voting delegate.
The General Assembly is a
meeting of the collective
body of all voting
delegates —one from
every member city.
Seven policy committees
meet throughout the year
to review and recommend
positions to take on bills
and regulatory proposals.
Policy committees include
members from each Cal
Cities diversity caucus,
regional division, and
municipal department,
as well as individuals
appointed by the Cal
Cities president.
During the General Assembly, voting delegates
debate and consider general and petitioned
resolutions forwarded by the Resolutions
Committee. Potential Cal Cities bylaws
amendments are also considered at this meeting.
Cal Cities policy
development is a memberinformed process,
grounded in the voices and
experiences of city officials
throughout the state.
For more information visit www.calcities.org/general-assembly Prior to the Annual Conference and Expo
Resolutions Committee
The Resolutions
Committee considers
all resolutions. General
Resolutions approved1 by
either a policy committee
or the Resolutions Committee are next
considered by the General Assembly.
General resolutions not approved, or
referred for further study by both a
policy committee and the Resolutions
Committee do not go to the General
Assembly. All Petitioned Resolutions
are considered by the General
Assembly, unless disqualified.2
During the Annual Conference and Expo
1 The Resolution Committee can amend a general resolution prior to sending it to the General Assembly. 2 Petitioned Resolutions may be disqualified by the Resolutions Committee according to Cal Cities Bylaws Article VI. Sec. 5(f).
ATTACHMENT 1
1062
CITY COUNCIL STAFF REPORT ITEM NO. 8.2
DATE: September 8, 2025
TO: Honorable Mayor and City Council
FROM: Tina Olson, Administrative Services Director
SUBJECT: Resolution appointing and approving an employment contract with a new City Attorney
RECOMMENDED ACTION
The City Attorney Selection Committee recommends the City Council adopt a resolution appointing Kimberly D. Cilley as City Attorney and approving the employment contract.
DECISION TYPE
Administrative
SUMMARY
Following City Attorney Jason Alcala’s retirement announcement, the Council worked with the executive recruiting firm, Bob Murray and Associates, to conduct a recruitment for a new City Attorney. The recruitment was open for over a month and was widely advertised in various locations including California Lawyer’s Association, International Municipal Lawyers Association, Law Jobs, and Hispanic National Bar Association. The Council received 17 applications, seven of which were moved forward to a preliminary interview. The Council interviewed the four best qualified candidates. Bob Murray and Associates conducted a background check on the final candidate.
Mayor Marchand and Vice Mayor Branning serving as the City Attorney Selection Committee for the City Council recommends the City Council appoint Kimberly D. Cilley as Livermore’s next City Attorney and approve an employment contract that was prepared consistent with regional compensation practices.
DISCUSSION
The employment contract for Kimberly D. Cilley includes the following key terms:
• Employment Start Date: September 29, 2025
• Contract Length: Evergreen contract – there is no end date. 1063
• Severance: 12 months (This provision shall not apply if termination is for cause) • Annual Base Salary: $315,269
• Deferred Compensation: City paid contribution of $270 per pay period with matching contribution of $270 per pay period.
• Retiree Health: City paid contribution to a Retiree Health Savings Account equal to 4% of base salary.
• Monthly Auto Allowance: $400
• Leave Accrual: Annual vacation accrual at 135.98 hours increasing to 160.94 hours on anniversary date in 2028. 80 hours of vacation leave to be granted immediately upon hire; ability to cash out any amount of unused vacation; and administrative leave accrual at 120 hours a year and administrative leave bank of 60 hours at signing of contract.
• Performance Evaluation: First performance review at six months leading to a possible 6% salary increase and additional $3,000 annually in deferred compensation contribution. Subsequent performance evaluations and goal setting will be conducted annually leading to possible merit and COLA adjustments. • Employee Schedule: 9/80 schedule with week one nine hours a day Monday through Thursday and eight hours on Friday working remotely. Week two shall consist of nine hours a day, Monday through Thursday and Friday off.
• Professional Development: The City will pay for an executive coach to help Ms. Cilley transition into her City Attorney role and the City agrees to allow and pay all expenses associated with membership fees as well as employment-related conferences.
FISCAL AND ADMINISTRATIVE IMPACTS
The cost of the employment contract for the remainder of FY 2025-26 is approximately $297,580 and up to $421,711 for FY 2026-27, which are included in the FY 2025-26 and 2026-27 budget.
COMMUNITY PILLAR
5: A City that Works.
GOAL
8: Attract, develop, engage, and retain a diverse and highly skilled workforce across the organization.
ATTACHMENTS
1. Resolution
2. Exhibit A - City Attorney Contract
1064
Prepared by: Tina Olson
Administrative Services Director
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
1065
Rev. 04.2025 1 RESOLUTION NO. ________
IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA
A RESOLUTION APPOINTING AND APPROVING AN EMPLOYMENT
CONTRACT WITH THE NEW CITY ATTORNEY
City Attorney, Jason Alcala, retired on August 22, 2025.
On September 8, 2025, the City Council approved an Employment Contract with Kimberly D. Cilley for the position of City Attorney, with a start date of September 29, 2025. The terms and conditions of employment between the City of Livermore and Ms.
Cilley are outlined in the attached City Attorney Employment Contract.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore, that it hereby:
1. Approves the terms and conditions in the City Attorney Employment Contract, attached hereto as Exhibit A, between the City of Livermore and Kimberly D.
Cilley, for her to become Livermore’s next City Attorney; and
2. Authorizes the Mayor, on behalf of the City of Livermore, to execute the City Attorney Employment Contract with Ms. Cilley with a start date commencing on September 29, 2025.
On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on September 29, 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Tara Mazzanti
Deborah L. Elam Tara Mazzanti
City Clerk Acting City Attorney
1066
EXHIBIT A
1067
EXHIBIT A
1068
EXHIBIT A
1069
EXHIBIT A
1070
EXHIBIT A
1071
EXHIBIT A
1072
CITY COUNCIL STAFF REPORT ITEM NO. 11.1
6.8 Resolution authorizing the City Manager to execute a Memorandum of Agreement with the East Bay Regional Park District for the interim and long-term land management and monitoring of the 211-acre Doolan Canyon Conservation Easement Project that provides wildlife habitat mitigation for the El Charro Specific Plan Development, Isabel Interchange Project, and the Livermore Toyota Dealership Development Project.
Material: Public Comment
7.1 Hearing to consider a request to approve development of a new, approximately 225,500 square-foot light industrial building and research and development facility on an approximately 14-acre vacant parcel along West Jack London Boulevard west of the Oaks Business Park and an economic incentive package. The facility would test and demonstrate commercially viable clean energy through fusion power.
Material: PowerPoint Presentation
8.2 Resolution appointing and approving an employment contract with a new City Attorney.
Material: PowerPoint Presentation
DATE: September 8, 2025
TO: Honorable Mayor and City Council
FROM: Marianna A. Burch, City Manager
SUBJECT: Supplemental materials received prior to the meeting.
RECOMMENDED ACTION
DECISION TYPE
SUMMARY
These materials were posted online and made available to the public at the same time that they were distributed to the City Council.
1073
9.0 Council Committee Reports and Matters Initiated by City Manager, City Attorney, Staff, and Council Members.
Material: Council Reports
DISCUSSION
ATTACHMENTS
1. Supplemental Materials
Prepared by: Ashley Zieba
Assistant City Clerk
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
1074
From: Larry Gosselin
To: City Clerk
Subject: Agenda Item 6.8 Request for Continuance or Conditional Approval of MOU – Habitat Mitigation Area MOU Date: Monday, September 8, 2025 11:50:23 AM
Exercise Caution: This message is from outside the City email system. Do not open links or attachments from untrusted sources.
Dear Honorable Councilmembers,
I write as the adjacent property owner to the proposed Doolan Canyon Conservation Easement Project. I am a regional open space advocate as well as a working rancher .
I respectfully request that you either continue the proposed MOU with EBRPD/CDFW/land trust or, if you choose to act tonight, condition your approval with the requirement that the existing contract be fulfilled for a public trail and access connecting Collier Canyon Road to Doolan Road across the Doolan Preserve.
My intent is to support Livermore’s open-space and trail objectives while ensuring existing agreements, legal obligations, and jurisdictional entity contributions are honored.
Key Considerations
1. Existing Conflicting Contract for Staging Area & Trails Easement Contract On April 27, 2017, my family entered a fully executed Option Agreement with EBRPD for the purchase of a public‐access staging area and lease of a multi-use trail easement, an emergency and maintenance vehicle access, and a 1.5 acre staging area across my family’s parcel at 6600 Collier Canyon Road. The trail was intended to provide public access to Doolan Preserve from Collier Canyon Road and serve as a critical connector for future trails development,
Evidence of this agreement includes the Option Purchase Sale Agreement signed by the General Manager and approved by the board of Directors, subsequent emails, full funding for the sale placed into escrow, partial distribution of funds, and actions taken to memorialize the agreement on maps and surveys, including this Agenda Item Attachment 2 which describes a “Future Entrance” with a trail access carve and out and trail connection into the habitat mitigation area, and Attachment 3 which includes a survey of the connection. The trail has been widely discussed in the community and is also memorialized as T20 on the LARPD 2016 Master Plan map.
I was recently informed by EBRPD that the district has greater interest in generating revenue from the sale of habitat mitigation than providing public access to Doolan Preserve.
They confirmed a prior staff member’s abandonment of the public easement.
My family will request mediation as recommended by the purchase agreement, and consider further action based on the outcome of mediation.
2. Altamont Landfill Open Space Committee
Altamont Landfill Open Space Committee (ALOSC) is an Affected Party.
ALOSC entered into a separate agreement with EBRPD to fund 50% of the EBRPD purchase of the two easements and staging area.
ALOSC has not been informed of the withdraw of EBRPD from the purchase agreements and the loss of public access to Doolan preserve from Collier Canyon Road.
ALOSC funds remain sequestered in an escrow account
3. Trail Infrastructure & Public Access
As mentioned, LARPD’s 2016 maps and EBRPD’s attachments confirm intended trail alignments, emergency access, and a staging area on my property. These trail infrastructure improvements have been accepted by the community at large.
Current trails planning is affected. This trail connector is integral to community and regional Item 6.8
Public Comment
1075
trail plans. East Almeda County has been labelled as the Murray Township Untrailed Zone due to the lack of trail development that began with the state California Riding and Hiking Trail that was proposed in the 1950’s.
Other impacted trails include the planned Mokelumne Coast to Crest Trail, and a comprehensive trail network planned for north Livermore by Livermore Area Recreation and Park District.
The Isabel neighborhood is a high-density affordable housing area with intensive business activity and a nationally ranked college. The loop trail created by the
4. Need for Regional Oversight & Equity
LAFCO’s authority (Gov. Code §§56375(a)(6), 56430(a)(3)) covers trail systems and open space, especially in the historically underserved Murray Township Untrailed Zone.
The unresolved $110 million accounting dispute between EBRPD and LARPD underscores the need for neutral LAFCO review of EBRPD activity that affects the complex competing needs of open space infrastructure and its impact on agritourism, recreation, agricultural land use, integrated wildlife corridors and other Measure D priorities.
5. CEQA & Legal Exposure
Under Public Resources Code §21065 and CEQA Guidelines §15064(e), any discretionary land-use change with indirect impacts on adjacent parcels or public access requires environmental review.
Approving the MOU without CEQA analysis and without closing escrow may expose the City to litigation.
The abandonment of the two trail easements and staging area is a significant impact of the designation of grazing land to be a habitat mitigation asset.
Proposed Motion
If you choose to approve the MOU this evening, I respectfully request the following condition be added to the motion:
“Approval of Agenda Item 6 is conditioned upon the close of escrow of the Trails Easement and Staging Area Purchase, fulfilling the terms of the agreement between EBRPD and the property owners at 6550 & 6600 Collier Canyon Road.”
This condition ensures that Livermore’s action upholds existing regional partnerships and public-access obligations.
Thank you for your stewardship of Livermore’s open space and trail network. I stand ready to collaborate with City staff, ALOSC, LAFCO, and EBRPD to secure a transparent, legally sound outcome.
Sincerely,
Larry Gosselin
Item 6.8
Public Comment
1076
GOSSELIN + ROLLINS
APN: 905-0005-001-01
(101.57 acres) GOSSELIN + ROLLINS
APN: 905-0005-006-02
(40.00 acres)
0 140 280 420 560 700 [ Feet
GOSSELIN AND ROLLINS PROPERTY
DOOLAN CANYON REGIONAL PRESERVE
ALAMEDA COUNTY
Planning/GIS Services
O:\GIS\CMcKaskey\Projects_2017\ASD\Land\BoardMaps\DoolanCanyon\DL_Easement_ZoomOut.mxd Date: 3/28/2017
LOCATION MAP
VASCO
CAVES
ROUND
VALLEY
MORGAN
TERRITORY
LAS
TRAMPAS
BRUSHY
PEAK
PLEASANTON
RIDGE
BISHOP
RANCH
BYRON
VERNAL
POOLS
SHADOW
CLIFFS
SYCAMORE
VALLEY
VASCO
HILLS
DOOLAN
CANYON §¨¦580
EBRPD
DOOLAN CANYON
REGIONAL
PRESERVE
EBRPD Proposed
EVMA Easement
(57,560 sq ft)
EBRPD Proposed
Trail Easement
(56,540 sq ft)
EBRPD Proposed
Staging Area
(1.5 acres)
Contra Costa County
Alameda County
Collier Canyon Road
Item 6.8
Public Comment
1077
Item 6.8
Public Comment
1078
1079
1080
3 Pulser
Site Plan
5 6
Item 7.1
PowerPoint Presentation
1081
1082
5 Climate Action Plan Strategies: Foster an innovative green economy - commercialization of a new green energy technology Strategic Pillar - An Economy that Prospers: • 250 high-quality jobs: technicians, engineers, scientists • Emerging industry cluster: draw interest from related businesses wanting locate in Livermore near Pacific Fusion and the Labs Community Partnerships: Opportunities to establish and maintain community partnerships: Las Positas College, Innovation Tri Valley, Livermore Labs
Project Benefits
Incentive Package
The City Council is also being asked to consider incentives to make Livermore more competitive and help the company achieve technical milestones and access to capital by waiving, deferring, or rebating costs associated with business operations: • Unsecured Property Tax Abatement: Rebate 80% of Livermore's share of all unsecured property tax for a period of 10 years. The City would retain all secured property tax (land and building) and 20% of the unsecured property tax (equipment). • Tax on Industrial Construction Elimination: Adjust the industrial construction tax for certain types of uses. Removes approximately $630,000 from project costs. • Community Facilities District Formation: Spread Public Improvement and Impact Fees (approximately $8 million) over a 30-year period. 9 10
Item 7.1
PowerPoint Presentation
1083
6 Recommendation
The Planning Commission and Staff recommend the City Council: • Adopt a resolution finding that the project is exempt under the California Environmental Quality Act section 21080.69, as amended by Senate Bill 131, a project that consists exclusively of a facility for advanced manufacturing and certify/adopt an Addendum to the SMP 39/SMP 40 Environmental Impact Report, in accordance with the California Environmental Quality Act; • Introduce an ordinance, and waive the first reading, adopting Planned Development Amendment (PD) 25-002 and direct staff not to proceed with a second reading or adoption of the ordinance if Pacific Fusion opts not to locate in Livermore, thereby invalidating the project approvals established by resolution; • Adopt a resolution approving Vesting Tentative Tract Map Amendment (VTTM) 8656/Subdivision (SUB) 25-001, Site Plan Design Review (SPDR) 25-005, and Conditional Use Permit (CUP) 25-002; and • Direct the Planning Manager to file a Notice of Exemption and Notice of Determination, in accordance with the provisions of the California Environmental Quality Act, subject to project approval.
Staff recommends the City Council adopt a resolution: • Authorizing economic incentive package terms for Pacific Fusion and directing staff to proceed with negotiating an economic incentive agreement and to prepare related documents for subsequent Council action.
If Pacific Fusion does not choose to locate in Livermore, staff recommends Council: • Direct staff to not proceed with second readings of the ordinance, which would also invalidate the project approvals established by resolution.
11 Item 7.1
PowerPoint Presentation
1084
1085
2 Main Contract Terms
Start Date: September 29, 2025
Contract Length: Evergreen
Severance: 12 months (except if termination is for
cause)
Base Salary: $315,269 annually
Deferred Comp: $270 per pay period
Performance
Evaluation: First evaluation after six months leading
to up to 6% salary increase and
additional $3,000 annually in deferred
comp
Recommendation
Staff recommends City Council:
1. Adopt a resolution appointing and approving
an employment contract with the new City
Attorney, Kimberly Cilley
3 4
Item 8.2
PowerPoint Presentation
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Council Member Date of
Meeting or
Event
Committee or Organization -
(Please spell out acronyms)
Meeting or Event Type (ex.
board meeting or ribbon
cutting)
Summary of Meeting or Event
Mayor Marchand 8/3/2025 City of Livermore Dedication Dedicated a park bench in memory of Granada High athlete, Tommy Dyer
Mayor Marchand 8/5/2025 Livermore Morning Rotary Weekly meeting Heard a presentation and update from State Senator McNerney
Mayor Marchand 8/5/2025 City of Livermore National Night Out Attended a number of neighborhood get-togethers to promote community safety.
Mayor Marchand 8/7/2025 TV30 Community Television Mayor's Report Provided an update on City activities.
Mayor Marchand 8/7/2025 Livermore Lab Foundation Poster sessions Met and spoke with many of the participants.
Mayor Marchand 8/8/2025 Innovation Tri-Valley Monthly meeting Discussion on building healthy communities.
Mayor Marchand 8/10/2025 City of Livermore Eagle Scout Court of Honor Presented a Certificate congratulating Giancarlo Matteucci
Mayor Marchand 8/12/2025 City of Livermore Tour Toured the Pacific Fusion facility in Fremont.
Mayor Marchand 8/13/2025 Chamber of Commerce Morning business mixer Networked and answered questions from local businesses.
Mayor Marchand 8/14/2025 National Nuclear Security
Administration
Meeting with
representatives
Met with the Manager of the Field Office.
Mayor Marchand 8/14/2025 City of Livermore Summer Intern Commencement
Attended, spoke and heard about their experiences.
Mayor Marchand 8/14/2025 City of Livermore Retirement for LPFD Chief Joe Testa
Presented Chief Testa with a an LPFD JPA Proclamation.
Mayor Marchand 8/14/2025 Stanford Health Tri-Valley 10 Anniversary Presented a certificate commemorating the anniversary.
Mayor Marchand 8/15/2025 City of Livermore Met with Stanford Health Tri-Valley President and
CEO, Misty Jones.
Talked about local healthcare initiatives.
Item 9.0
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Mayor Marchand 8/16/2025 Mile Sur Mera Tumhara Celebration and performances.
Spoke at the event commemorating the 78th Anniversary
of India's independence.
Mayor Marchand 8/16/2025 Scouting America Eagle Scout Court of Honor Presented a Certificate of Recognition to Zack Nalick.
Mayor Marchand 8/18/2025 Alameda County
Transportation Commission
ACTC)
Meeting Met with ACTC Exec. Director, Tony Tavares about local and regional transportation priorities and funding.
Mayor Marchand 8/19/2025 City of Livermore Retirement Retirement for City Attorney, Jason Alcala Mayor Marchand 8/21/2025 City of Livermore TV30 Mayor's Report Provided an update on City activities Mayor Marchand 8/21/2025 Axis Community Health Ribbon-cutting and tour Opened the new Axis Health Center on 2nd St. in Livermore
Mayor Marchand 8/21/2025 Pacific Fusion Introductions Meet and greet with the community.
Mayor Marchand 8/22/2025 City of Livermore Wedding ceremony Conducted the wedding ceremony for Beth McCormick and George Duarte
Mayor Marchand 8/23/2025 Tri-Valley Nonprofit Alliance
(TVNPA)
Volunteer and Resource Fair Attended and spoke with nonprofit organizations Mayor Marchand 8/28/2025 Tri-Valley Haven Proclamation Presented a proclamation recognizing Hunger Awareness Month
Mayor Marchand 8/28/2025 Livermore Chamber of
Commerce
Wine Country Luncheon
Series
Mixer and presentation by Tax Assessor Phong La
Mayor Marchand 8/30/2025 Caledonian Club of San
Francisco
Highland Gathering and
Games
Attended the event.
Mayor Marchand 9/3/2025 Chamber of Commerce
Business Alliance
Meeting Provided an update on City Activities. Heard a report of Pacific Fusion
Mayor Marchand 9/3/2025 Chamber of Commerce Ribbon-cutting Welcomed new restaurant to the downtown, L Campo.
Mayor Marchand 9/4/2025 TV30 Community Television Mayor's Report Provided an update on City activities Mayor Marchand 9/4/2025 Chamber of Commerce Ribbon-cutting Ribbon-cutting for a new brewery, Del Cielo Brewing Company
Item 9.0
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Mayor Marchand 9/5/2025 San Joaquin Regional Rail
Commission
Commission meeting Received performance and revenue updates, approved contract for WiFi services on ACE. Received the results of the Market and Rider surveys.
Mayor Marchand 9/5/2025 Open Heart Kitchen 30th Anniversary Celebration
Presented a Certificate of Appreciation to Open Heart
Kitchen
Mayor Marchand 9/8/2025 Alameda County
Transportation Commission
Planning, Policy and
Legislation Subcommittee
Received the legislative and Active Transportation Plan updates, Approved a proposed amendment to the 2014
Measure BB Transportation Expenditure Plan.
Item 9.0
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Council Member Date of
Meeting or
Event
Committee or Organization - (Please spell
out acronyms)
Meeting or Event Type (ex. board meeting or ribbon cutting) Vice Mayor Branning 8/5/2025 National Night Out National Night Out Block Parties Vice Mayor Branning 8/12/2025 Pacific Fusion Tour of the Fremont Facility Vice Mayor Branning 8/14/2025 Stanford Healthcare 10th Anniversary Celebration Vice Mayor Branning 8/15/2025 Culinary Angels Gala
Vice Mayor Branning 8/15/2025 Swadesi Seniors Indian Independence Day Celebration Vice Mayor Branning 8/19/2025 Livermore Downtown Inc Board Meeting Vice Mayor Branning 8/19/2025 Jason's Retirement Celebration Retirement Celebration Vice Mayor Branning 8/20/2025 Livermore Amador Valley Water Management Agency
Board Meeting
Vice Mayor Branning 8/22/2025 Alameda Labor Council Unionist of the Year Gala Vice Mayor Branning 8/23/2025 Tri-Valley Non-Profit Alliance Resource and Volunteer Expo Vice Mayor Branning 8/23/2025 Sheet Metal 104 Apprentice Graduation Vice Mayor Branning 8/25/2025 Livermore Amador Valley Transit Authority Projects and Services Committee Vice Mayor Branning 8/27/2025 SPARC Trivia Night
Vice Mayor Branning 8/28/2025 Real Estate Alliance Livermore Downtown Inc Update at REAL Membership Meeting Vice Mayor Branning 8/28/2025 Livermore Chamber of Commerce Wine Country Luncheon Vice Mayor Branning 9/4/2025 Livermore Amador Valley Transit Authority Joint Meeting with County Connection on Paratransit Vice Mayor Branning 9/8/2025 Livermore Amador Valley Transit Authority Board Meeting Item 9.0
Council Reports
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Council Member Date of Meeting
or Event
Committee or
Organization - (Please
spell out acronyms)
Meeting or Event
Type (ex. board
meeting or ribbon
cutting)
Summary of Meeting or Event
Council Member Dunbar 8/19/2025 Jason Alcala's
retirement
Council Member Dunbar 8/20/2025 Livermore Amador
Waste Management
Authority
Quarterly Meeting Normal meeting. Budget tracking as expected or slightly below. Multiple maintenance projects in progress.
Council Member Dunbar 8/21/2025 Axis Community Health 2nd Street Clinic Grand Opening
Council Member Dunbar 8/23/2025 Livermore Valley Arts Brilliance at the Bankhead fundraiser
Council Member Dunbar 8/23/2025 Tri Valley Non Profit
Alliance
Resource fair
Council Member Dunbar 9/5/2025 National Night Out Hit about 6 stations in total. Talked ebikes, childcare, sidewalks, and other maintenance items primarily.
Item 9.0
Council Reports
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Council Member Date of Meeting
or Event
Committee or Organization -
(Please spell out acronyms)
Meeting or Event Type (ex.
board meeting or ribbon
cutting)
Summary of Meeting or Event
Council Member Wang 8/1/2025 Goza Gear Soft opening of Prints 'n' Pints at the Warehouse
Prints 'n' Pints moved from Blacksmith Square to
the Goza Gear Warehouse. Many of its friends
and customers gathered for a soft opening.
Council Member Wang 8/2/2025 The Well Church Community outreach event Hundreds of people turned out for a large and well-organized event with many community
organizations like The Hive, CityServe, and TriValley Haven, among others. There was lunch, games, and even haircuts.
Council Member Wang 8/5/2025 Livermore Police Department National Night Out I went to six locations, including Leahy Square. I met many neighbors, first responders at every
stop, and our police horses Betsy and Tank.
Council Member Wang 8/6/2025 Alameda County Tax Assessor Phong La
Lunch with AAPI elected
officials
Networking and talk on state legislation by State
Sen. Aisha Wahab
Council Member Wang 8/7/2025 Livermore Lab Foundation Summer Social and Student Showcase
Terrific poster session by Lawrence Livermore
National Lab's summer interns
Council Member Wang 8/10/2025 Tri-Valley PFLAG Presentation on supporting the LGBTQ+ community in
the Tri-Valley
Well attended event; terrific presentation with a
lot of audience participation
Council Member Wang 8/14/2025 Stanford Health Care TriValleyOpen house and celebration of a decade in the Tri-Valley
Speakers, food, and many community supporters
Council Member Wang 8/15/2025 Indian American community members
Celebration of India
Independence Day
Many community members, food, and dancing
Council Member Wang 8/15/2025 Asian Pacific American Public Affairs Association (APAPA) -
Tri-Valley Chapter
Summer intern social Dinner and escape room
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Council Member Wang 8/16/2025 Livermore Youth Council Mental Health Fair Well-organized event by youth at Bankhead Plaza Council Member Wang 8/21/2025 Axis Community Clinic Ribbon cutting for Livermore health clinic
Speeches by the Mayors of Livermore, Dublin,
and Pleasanton, followed by a tour of the new
clinic
Council Member Wang 8/23/2025 Tri-Valley Nonprofit Alliance (TVNPA)
Resource & Volunteer Expo Many booths staffed by our human and social service organizations
Council Member Wang 8/23/2025 Quest Science Center Quest Sparks Hands-on science activities for kids and parents Council Member Wang 8/26/2025 Livermore Amador Valley
Transit Authority (LAVTA)
Finance & Administration
Committee meeting
Discussed strategic plan draft, received legislative
update and treasurer's report, discussed fare
increase scenarios
Council Member Wang 8/28/2025 Livermore Valley Chamber of Commerce (LVCC)
Wine Country Luncheon Presentations by Rana Ghadban, Vice President for Small Business Advocacy, California Chamber
of Commerce, and Alameda County Tax Assessor
Phong La
Council Member Wang 8/30/2025 Asian Pacific American Public Affairs Association (APAPA) -
Tri-Valley Chapter
Intern graduation Luncheon and speeches by summer interns and their hosting offices throughout the Tri-Valley
Item 9.0
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