Agenda packet — Livermore City Council, November 27, 2023 (part 2 of 2)

163
E xhibit A-1 Page 3
• Consultant shall provide IP addresses to the Contractor for the soft starters and other Ethernet compatible hardware in the MCC. However, configuration of the hardware will be provided by the Contractor per contract documents for their portion of the work. • PLC-11 will not be upgraded, therefore existing graphics will need to be used for processes associated with the PLC.
• Consultant will only provide training associated with PlantPAx PLC and SCADA software and pr
ogramming; not any hardware or functions associated with the Contractor’s scope of
work. This Additional Scope of Services includes up to two 4-hour workshops. If additional training is required, additional fees may be required. • Compensation does not include overtime or extended hours. If this is requested for efficiency of Contractor work, additional fees may be required. • During commissioning, should extensive troubleshooting time be required to resolve a situation that is not related to PLC or SCADA programming identified in this Additional Scope of Services, additional fees may be required. Consultant shall notify the City as early as possible should an event like this occur.
• Consultant shall provide support to the Engineer related to Contractor submittals, but will
not
approve or disapprove any submittals.

COMPENSATION:

City shall compensate Consultant for the services described in the Additional Scope of Services on a time and materials basis with a not to exceed amount of $118,000. A detailed breakdown of the estimated cost is included in the following table and rates are included at the end of this Exhibit A-1.

Additional Scope of Services
Task 6 – PlantPAx Standards $ 41,580
Task 7 – PlantPAx Implementation $ 76,546
Total – Additional Scope of Services $ 118,126
SCHEDULE:

Consultant shall commence with the Additional Scope of Services upon execution of the amendment to the agreement and will provide the services described in the Scope of Services for the duration of the project or December 31, 2027, whichever occurs first.

DocuSign Envelope ID: C32E1D79-DAC3-4ECB-A108-5CD30A774F81

EXHIBIT A

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164
E xhibit A-1 Page 4
DocuSign Envelope ID: C32E1D79-DAC3-4ECB-A108-5CD30A774F81

EXHIBIT A

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165

CITY COUNCIL STAFF REPORT
ITEM NO. 5.5

DATE:

November 27, 2023
TO:

Honorable Mayor and City Council
FROM:

Paul Spence, Community Development Director
SUBJECT:

Resolution authorizing the City Manager to execute a second amendment to the agreement with Raney Planning and Management, Inc. to provide on-call environmental review services, increasing the compensation by $100,000 for a total not-to-exceed contract amount of $300,000 and extending the term to September 27, 2025.

RECOMMENDED ACTION

Staff recommends the City Council adopt a resolution authorizing the City Manager to execute a second amendment to the agreement with Raney Planning and Management, Inc. to provide on-call environmental review services, increasing the compensation by $100,000 with a not-to-exceed amount of $300,000 and extending the term to September 27, 2025.

SUMMARY
The Planning Division is currently managing several large-scale, multi-year programs including the General Plan Update and Development Code Update as well as a range of other current planning and City projects. The City has also seen an increase in private development applications and expects that trend to continue, particularly in the Isabel Neighborhood Specific Plan area, for the next several years.

The second amendment to the Professional Services Agreement will enable Raney Planning and Management, Inc. (Consultant) to provide on-call environmental review services and to supplement staffing resources for a period of 24 months. The second amendment will increase compensation by $100,000 and revise the not-to-exceed amount to $300,000. The amendment amount of $100,000 would be required to be paid by the City over the two-year term of the agreement and is part of the Fiscal Year 2023-24 budget.

Supplementing staffing resources in the Planning Division for this two-year period will facilitate progress on the City's high-profile programs and complex projects and enable the Planning Division to continue providing high-quality customer service and meet required timelines for processing of private development applications.

DISCUSSION
166
The Planning Division continues to implement significant multi-year programs, including those to update the City's General Plan and Development Code. In addition to the comprehensive Development Code update, staff continues to develop Code amendments
and public handouts to
respond to State housing
legislation.

The Planning Division is also managing environmental review and technical analyses for various development applications and
city-sponsored projects. Project implementation in Downtown also continues to be a priority. At the same time, the Planning Division is seeing s ignificant development
interest from property owners in the Isabel Neighborhood Specific Plan (INSP) area following the City's adoption of the INSP in November 2020. The City has received several applications for property in the INSP area and expects more in the coming one to two years. In addition, planning applications continue to be submitted for wireless telecommunication facilities, small-scale industrial warehouses, residential projects, and other projects assigned to the Planning Division.

The proposed Consultant will provide environmental services to support the multi-year planning programs and supplement project staffing on the large volume of private project submittals the City continues to receive. Specifically, the Consultant will provide environmental services such as the preparation of environmental compliance documentation to satisfy requirements of the California Environmental Quality Act (CEQA) and/or National Environmental Policy Act (NEPA), Air Quality and Greenhouse Gas Emissions Analyses, Scenic Corridor Analyses, as well as peer review of technical assessments submitted by applicants.

The environmental review services proposed under the second amendment will enable the Planning Division staff to focus internal efforts on priority projects and maintain appropriate levels of customer service in response to the high volume of private project applications the City has been receiving and expects to continue to receive over the next 24 months.

FISCAL AND ADMINISTRATIVE IMPACTS

The second amendment would increase the Professional Services Agreement value by $100,000 with a not-to-exceed contract value of $300,000. The term of this Agreement commenced on September 27, 2019, and is proposed to terminate upon the completion of the Services or September 27, 2025, whichever occurs first. Environmental services provided under this contract amendment for City projects would utilize funds from individual project budgets and would not require additional funding allocations.

Environmental services provided for private development projects would be fully funded by the project applicant. Therefore, no additional appropriation is necessary to cover consultant contract costs over the next two fiscal years (2023-24 and 2024-25). Utilization of City staff time will be necessary to administer the consultant agreement and provide supervisory oversight of the Consultant's day-to-day performance.

COMMUNITY PILLAR
3: Environmental Stewardship

GOAL
3: Help the City fulfill its obligations under state and federal environmental regulations, and in response to regulatory oversight

ATTACHMENTS
167

1. Resolution

2. Exhibit A - Second Amendment with Raney Planning and Management, Inc.

Prepared by: Shannon
Pagan
Assistant Planner

Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
168
RESOLUTION NO.

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A

SECOND AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH RANEY PLANNING AND MANAGEMENT, INC. TO PROVIDE ON-CALL

ENVIRONMENTAL REVIEW SERVICES, INCREASING THE COMPENSATION BY $100,000 FOR A TOTAL NOT-TO-EXCEED AMOUNT OF $300,000, AND EXTENDING THE TERM TO SEPTEMBER 27, 2025
The Planning Division is currently managing several large-scale, multi-year programs including those to update the City's General Plan and Development Code. In addition to the comprehensive Development Code update, City of Livermore (City) staff continues to develop Code amendments and public handouts, and to respond to State housing legislation.

City staff continues to implement the City Council's Downtown Priority with multiple projects in various stages of review, construction, and litigation. Complex development applications in the Isabel Neighborhood Specific Plan area are also on file and in review along with a variety of planning applications for wireless telecommunication facilities, small-scale industrial warehouses, residential projects, and other projects assigned to the Planning Division.

The Planning Division requires a consultant to supplement staff with professional environmental review services to support planning projects.

The proposed Second Amendment with Raney Management and Planning, Inc. would increase compensation by $100,000 for a total not-to-exceed amount of $300,000 and extend the term to September 27, 2025.

The project scope of work includes the provision of environmental services to support planning projects, the multi-year planning programs, and supplement project staffing on the large volume of private project submittals that the City has received and expects to continue to receive over the next 24 months. Specifically, the Consultant will provide environmental services such as the preparation of environmental compliance documentation to satisfy requirements of the California Environmental Quality Act (CEQA) and/or National Environmental Policy Act (NEPA), Air Quality and Greenhouse Gas Emissions Analyses, Scenic Corridor Analyses, as well as peer review of technical assessments submitted by applicants.

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

1. The City Manager is authorized to execute the Second Amendment to the Professional Services Agreement with Raney Planning and Management, Inc. to provide on-call environmental review services to support planning 169
RESOLUTION NO.
projects, increasing the compensation by $100,000.00 with a not-to-exceed amount of $300,000.00, and extend the term to September 27, 2025.

2. The term of this Agreement commences on September 27, 2019, and terminates upon the completion of the Services or September 27, 2025, whichever occurs first.

3. Funding for the proposed Second Amendment will utilize funds from individual project budgets for City projects or be fully funded by the project applicant for private development projects. Therefore, no additional appropriation is necessary to cover consultant contract costs over the next two fiscal years (2023-24 and 2024-25).

On motion of Council Member , seconded by
Council Member , the foregoing resolution was passed
and adopted on November 27, 2023, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ATTEST: APPROVED AS TO FORM:
/s/ Kimberly D. Cilley
Marie Weber Kimberly D. Cilley
Deputy City Manager/City Clerk Senior Assistant City Attorney Exhibit A – Agreement with Raney Planning and Management, Inc. 170
Amendment - Professional Services Agreement Page 1
Rev. 09/19/23

SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
THIS SECOND AMENDMENT is made and entered into this ____ day of ________, 2023, by and between the City of Livermore (“City”), a municipal corporation, and Raney Planning and Management, Inc (“Consultant”), a California corporation.

RECITALS
On October 4, 2019, City and Consultant entered into an agreement for Consultant to provide professional consulting services to City (“Original Agreement”). Section 21 of the Original Agreement requires that any modifications to it must be in writing and signed by the parties.

On July 1, 2021, the City and Co nsultant entered into a First Amendment to the Original Agreement to increase the scope of work and compensation by $100,000.00 and extend the term to September 27, 2023 (“First Amendment”).

City and Consultant now desire to amend the Original Agreement to increase compensation by $100,000.00 and extend the term to September 27, 2025 . This is the Second Amendment to the Original Agreement.

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

DocuSign Envelope ID: 1DC29FEC-F7A4-4FA4-9F0E-D53E83B9D4F0

1. The Original Agreement is amended as follows:

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

Consultant shall provide the following professional services as particularly set forth in Exhibit A to the Original Agreement, Exhibit A -1 to the First Amendment, and Exhibit A-2 to this Second Amendment.

B. Section 5(a) of the Original Agreement is amended to read as follows:

The total compensation payable by City to Consultant for the Services SHALL NOT EXCEED the sum of $300,000 (“not to exceed amount”).

The compensation payable by the City to the Consultant for the Services required by Exhibit A to the Original Agreement SHALL NOT EXCEED the sum of $100,000.

The compensation payable by the City to the Consultant for the Services required by Exhibit A-1 to the First Amendment SHALL NOT EXCEED the sum of $100,000.

EXHIBIT A
171
Amendment - Professional Services Agreement Page 2
Rev. 09/19/23
The compensation payable by the City to the Consultant for the Services required by Exhibit A -2 to the Second Amendment SHALL NOT EXCEED the sum of $100,000.

City shall compensate Consultant for the Services rendered at the hourly rates, task amounts or travel expenses as set forth in Exhibit A to the Original Agreement, Exhibit A-1 to the First Amendment, and Exhibit A-2 to the Second Agreement up to the not-to-exceed amount. Except as provided in the body of this Agreement, the hourly rates, task amounts or travel expenses are intended to be Consultant's only compensation for the Services and is inclusive of all costs of labor, licensing, permitting, overhead and administrative costs, and any-and-all other costs, expenses, and charges incurred by Consultant, its agents, and employees to provide the Services.

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

The term of this Agreement commences on September 27 , 201 9, and terminates upon the completion of the Services or September 27, 2025, whichever occurs first.

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

3. Except as amended above, the Original Agreement and First Amendment remain in full force and effect.

DocuSign Envelope ID: 1DC29FEC-F7A4-4FA4-9F0E-D53E83B9D4F0 In concurrence and witness whereof, and in recognition of the mutual consideration provided therefore, the parties have executed this Agreement effective on the date first written above.

EXHIBIT A
172
Amendment - Professional Services Agreement Page 3
Rev. 09/19/23
CONSULTANT: Dated:
____________________________ ___________________________ Nick Pappani
Vice President
CITY OF LIVERMORE: Dated:
____________________________ ____________________________ Marianna Marysheva
City Manager
APPROVED AS TO FORM:
___________________________
Deputy/Assistant/City Attorney
APPROVED AS TO INSURANCE:

Risk Manager/Analyst
Attachments:

Exhibit A-2 Scope of Services andBilling Rate Sheet
DocuSign Envelope ID: 1DC29FEC-F7A4-4FA4-9F0E-D53E83B9D4F0 10/23/2023 | 4:39 PM PDT
Scope of Work
On-Call Environmental Review Services Responsibilities
Raney Planning & Management, Inc. (Raney) will be available to assist the City of Livermore with

EXHIBIT A
173
the provision of on- call environmental review services. Raney’s on- call environmental review services will include, but not be limited to, the following:
• Preparation of California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) documentation, including, but not limited to Initial Studies/Negative Declarations (IS/NDs), Initial Studies/Mitigated Negative D eclarations (IS/MNDs), Addendums, Environmental Impact Reports (EIRs), and Environmental Assessments (EAs);
• Preparation of Air Quality and Greenhouse Gas (GHG) technical analyses; • Preparation of Scenic Corridor Analyses;
• Preparation of CEQA-level peer reviews of applicant-provided technical reports; • Attendance at meetings with staff and the applicant team, as needed; and • Attendance at Planning Commission and City Council hearings.

Raney will successfully complete environmental review services as assigned by the City.

Communication between the City and Raney will be ongoing and prompt regarding all work being performed by Raney at the City’s request. Prior to all City assigned services/projects, Raney will provide the City with a project-specific scope of work including the technical scope of services, schedule, and budget. In the event of a contract amendment, Raney will notify the City and the amendment will be submitted and duly authorized in accordance with City Policy and Procedure.

Otherwise, it is Raney’s responsibility to remain within the term and amount of the contract. If the terms and/or conditions of the contract including the amounts, rates, time and/or duration are exceeded in any way without a fully executed amendment, Raney understands that they may not reimbursed.

Compensation
Compensation for Raney’s labor will be based on a n hourly rate. Compensation for overhead charges such as technical sub-consultants, travel expenses, and copying/printing will be subject to a 10% administration fee. Travel expenses, if any, and copying and printing will be billed at cost.

Raney will submit monthly invoices to the City for labor charges. The invoices will identify the tasks outlined in the project -specific Technical Scope of Services and the percentage completed for each task. The City will then notify Raney if any work product, or invoicing issues arise that may delay payment authorization.

Hourly Rates
Raney’s hourly rates are based on the scope and skill sets of Raney’s assigned personnel. Raney’s 2023 Billing Rates are outlined on the following page.

EXHIBIT A-2
DocuSign Envelope ID: 1DC29FEC-F7A4-4FA4-9F0E-D53E83B9D4F0

EXHIBIT A
174
2 Environmental Review Services 2023 Billing Rates
Tim Raney, AICP, President $235/hour
Cindy Gnos
, AICP, Senior Vice President $215/hour
Nick P
appani, Vice President $195/hour
Rod Sti
nson, Vice President $195/hour
Angela
DaRosa, Division Manager $175/hour
Kevin V
alente, AICP, Senior Associate $155/hour
Asso
ciate $135/hour
Adminis
trative $85/hour
Air Qu
ality and GHG Analyses 2023 Billing Rates
Rod Stinson, Air Quality Specialist $175/hour
Ange
la DaRosa, Air Quality Specialist $175/hour
Air Q
uality Technician $155/hour
Other
Cost Information
• Overhead charges for technical sub-consultants, travel, and copying/printing: 10% • Travel: Billed at cost
o It should be noted that Raney charges mileage at the Federal Standard Mileage Rate provided by the IRS.
• Copying and Printing: Billed at cost
o Black & White (8.5” x 11”): 15¢/per page
o Color (8.5” x 11”): 30¢/per page
o Oversized prints (11” x 17”): 30¢/per page
DocuSign Envelope ID: 1DC29FEC-F7A4-4FA4-9F0E-D53E83B9D4F0

EXHIBIT A
175

CITY COUNCIL STAFF REPORT
ITEM NO. 5.6

DATE:

November 27, 2023
TO:

Honorable Mayor and City Council
FROM:

Brandon Cardwell, Innovation and Economic Development Director SUBJECT:

Resolution accepting the Livermore Valley Wine Heritage District 2021-2022 Annual Report and the Livermore Valley Wine Heritage District 2022-2023 Annual Report.

RECOMMENDED ACTION

Staff recommends the City Council adopt a resolution accepting the Livermore Valley Wine Heritage District 2021-2022 Annual Report and the Livermore Valley Wine Heritage District 2022-2023 Annual Report.

SUMMARY
On November 22, 2021, the City of Livermore City Council adopted Resolution No. 2021-198 establishing the Livermore Valley Wine Heritage District (LVWHD). The LVWHD was approved for a five-year term beginning July 1, 2021, and ending on June 30, 2026. At the end of each year of operation, the LVWHD Management District Plan and California Streets & Highways Code section 36650 require the LVWHD to prepare annual reports (except for the first year) of the district's assessments, operations, activities, and expenditures for each fiscal year. The 2021-2022 annual report is the LVWHD's first annual report and was prepared and presented concurrent with the 2022-2023 annual report as set forth in the statute.

Staff recommends the City Council adopt a resolution accepting the annual reports (Attached as Exhibit A and Exhibit B).

DISCUSSION
On November 22, 2021, the City of Livermore City Council adopted Resolution No. 2021-198 (Resolution) establishing the Livermore Valley Wine Heritage District (LVWHD) pursuant to the LVWHD Management District Plan. The LVWHD was approved for a five-year term beginning July 1, 2021, and ending June 30, 2026. The LVWHD Management District Plan explains that even though the 5-year term commences on July 1, 2021, the assessment collection would not begin until January 1, 2022.

The LVWHD is an assessment district which includes all forty-six (46) wineries within the boundaries of 176
the map shown in Exhibit B of Council Resolution 2021-198. The purpose of the district is to provide specific benefits to payors by funding marketing and sales promotion and protection efforts, which directly benefit the assessed wineries in the district. Assessment revenue shall be used for the following activities, as identified in the Management District Plan (MDP): Marketing and Brand Awareness, Community and Industry Advocacy, Quality Enhancement and Education, and Professional Development & Education. Assessment revenue may not be used for activities that directly benefit wineries outside the LVWHD, provide for improvements outside the LVWHD, or for any other purpose not specified in the Resolution or the MDP.

On January 1, 2022, each winery located within the LVWHD started reporting their gross sales revenue on a quarterly basis in accordance with the provisions of the LVWHD MDP. The assessment rate is two percent of gross sales revenues on

direct-to-consumer
winery sales. The collection of the assessments
was made by the City's consultant Hinderliter De Llamas & Associates (HDL). The LVWHD's total annual revenue was $123,640 for FY 2021-22, and $567,620 for FY 2022-23; collections for FY 2021-22 represent a partial year.

At the end of each year of operation, except for the first year, the LVWHD MDP and California Streets and Highways Code section 36650 requires the LVWHD to prepare annual reports of the district's assessments, operations, activities and expenditure for each fiscal year. As the Owner's Association for the district, the Livermore Valley Winegrowers Association must provide an annual report on activities and expenditures to the City Council. The report shall include the following:

Any proposed changes in the boundaries of the improvement district or in any benefit zones or classification of businesses within the district
The improvements and activities to be provided for that fiscal year An estimate of the cost of providing the improvements and the activities for that fiscal year The method and basis for levying the assessment in sufficient detail to allow each business owner to estimate the amount of the assessment to be levied against his or her business for that fiscal year
The estimated amount of any surplus or deficit revenues to be carried over from a previous fiscal year
The estimated amount of any contributions to be made from sources other than assessments levied

In addition to the above listed items required by the statute, the Livermore Valley Wine Heritage District 2021-2022 Annual Report (Exhibit A) and the Livermore Valley Wine Heritage District 2022-2023 Annual Report (Exhibit B) also include information on actual revenues received and how that revenue was used.

Both of the reports offer a retrospective view and prospective outlook, as well as an account of operations of the LVWHD in the operational year of 2021-2022 and 2022-2023, respectively.

The City Council receives the LVWHD annual reports as part of the City's role as the Lead Agency for the LVWHD, and the Council may approve the report as filed by the Owners' Association or may modify any particular element contained in the report and approve it as modified. Staff finds that the improvements and activities stated in the reports are consistent with the provisions of the LVWHD Management District Plan. Staff recommends the City Council accept the annual reports.

FISCAL AND ADMINISTRATIVE IMPACTS

The City of Livermore receives a fee equal to two percent (2%) of the amount of the assessment 177
collected to cover the cost of collection and administration. This fee is used to cover administrative costs, including the costs of engaging HDL.

COMMUNITY PILLAR
2: Economy that prospers

GOAL
2: Diversification/Resilience

ATTACHMENTS

1. Resolution

2. Exhibit A - Livermore Valley Wine Heritage District 2021-2022 Annual Report

3. Exhibit B - Livermore Valley Wine Heritage District 2022-2023 Annual Report

Prepared by: Theresa De La Vega
Management Analyst

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION ACCEPTING THE LIVERMORE VALLEY WINE HERITAGE DISTRICT ANNUAL REPORTS FOR 2021-2022 AND 2022-2023
On November 22, 2021, the City Council adopted Resolution No. 2021-198, establishing the Livermore Valley Wine Heritage District (LVWHD) pursuant to the LVWHD Management District Plan. The LVWHD was approved for a five-year term beginning July 1, 2021, and ending on June 30, 2026.

At the end of each year of operation, the LVWHD Management District Plan and California Streets & Highways Code section 36650 require the LVWHD to prepare annual reports (except for the first year) of the district’s assessments, operations, activities, and expenditures for each fiscal year. The 2021-2022 annual report is the LVWHD’s first annual report and was prepared and presented concurrent with the 2022-23 annual report as set forth in the statute.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that it hereby receives and accepts the Livermore Valley Wine Heritage District Annual Reports for 2021-2022, attached hereto as Exhibit A, and for 2022-2023, attached hereto as Exhibit B.

On motion of Council Member _________________________, seconded by Council Member ________________________, the foregoing resolution was passed and adopted on November 27, 2023, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS
ATTEST: APPROVED AS TO FORM:
____________________________ /s/ Jason Alcala
Marie Weber Jason Alcala
Deputy City Manager/City Clerk City Attorney
Exhibit A - Livermore Valley Wine Heritage District 2021-2022 Annual Report Exhibit B - Livermore Valley Wine Heritage District 2022-2023 Annual Report 179
J u l y 1 , 2 0 2 1 - J u n e 3 0 , 2 0 2 2
Livermore Valley Wine Heritage District
2021-2022 Annual Report
Submitted to the City of Livermore pursuant to Streets and Highways Code section 36650, for the period from July 1, 2021 - June 30, 2022
08 EXHIBIT A
180
Contents

Background ................................ ................................ ........... 3 Boundaries ................................ ................................ ............ 4 Improvements and Activities ................................ .............. 5 Cost ................................ ................................ ......................... 9 FY 22/23 Projections ................................ ................................ ................................ ...................... 9 FY 21/22 Actuals ................................ ................................ ................................ ............................... 9 Assessment ................................ ................................ ......... 11 Surplus and Other Funding ................................ ............... 13 Surplus ................................ ................................ ................................ ................................ ................ 13 Other Funding ................................ ................................ ................................ ................................ . 13 Appendix – Assessed Businesses ................................ .... 14

Prepared by
Civitas

(800)999-7781
civitasadvisors.com

EXHIBIT A
181
Livermore Valley Wine Heritage District
2021-2022 Annual Report 3
Background

On November 22, 2021, the Livermore City Council approved the establishment of the Livermore Valley Wine Heritage District (LVWHD) and adopted the LVWHD Management District Plan (MDP) by City Council Resolution No. 2021 -198 (Resolution of Formation). The LVWHD was approved for a five (5) year term, beginning July 1, 2021 through June 30, 2026.

Due to circumstances of the LVWHD formation process resulting in a delay in collection of assessments, the assessment could not begin until January 1, 2022. The MDP stipulates that although the five (5) year term begins July 1, 2021, the collection of assessments shall start January 1, 2022. The LVWHD term end date of June 30, 2026 is unchanged. At the Livermore City Council hearing held on November 22, 2021, at which the Resolution of Formation was passed, the Livermore City Council reduced the original LV WHD boundaries to be conterminous with the City of Livermore’s jurisdiction boundary and portions of the County of Alameda. Therefore, the LVWHD assessment is only collected from the wineries within the reduced boundary. Due to the special circumstances described herein, this particular Annual Report is intended to serve a dual function, encompassing both a retrospective and prospective outlook. Specifically, it shall offer a n account of the operations of the LVWHD in the operational year of 2021-2022, while also providing a forward-looking projection of revenue.

EXHIBIT A
182
Livermore Valley Wine Heritage District
2021-2022 Annual Report 4
Boundaries

There are no proposed changes to the boundaries. There are no changes to assessed businesses.

The LVWHD will continue to include all wineries existing and in the future, within the boundaries of portions of the County of Alameda and the City of Livermore, as shown on the map below. A complete listing of wineries within the LVWHD can be found in the Appendix.

EXHIBIT A
183
Livermore Valley Wine Heritage District
2021-2022 Annual Report 5
Improvements and Activities

The improvements and activities to be provided for fiscal year 2022-2023 are consistent with the Management District Plan (Plan). T he LVWHD has debuted a scholarship program and has begun the early stages of a Sister City program as part of their improvements and activities.

LVWHD funds will be used exclusively to provide the specific benefit of increased sales revenue directly to the assessees. Assessment funds shall not be used to feature non-assessed wineries in LVWHD programs, or to directly genera te sales for non - assessed wineries. The activities paid for from assessment revenues are business services constituting and providing specific benefits to the assessed wineries.

Marketing & Brand Awareness
A brand awareness marketing program will promote the LVWHD as a premium winegrowing region and as a leader in the global wine community. The brand awareness marketing program will have a central theme of promoting the LVWHD as a desirable place to experience Livermore Valley wineries, and as a desirable area to purchase wines and other estate produced products. The program has the goal of increasing demand for visitation to the winegrowing region, retail sales, affinity for LVWHD grapes and wines, and recog nition at and for assessed businesses, and may include but is not limited to the following activities:
• Advertising across any and all media channels to promote assessed winery tasting rooms on a local, regional or national level, including but not limited to: digital, print, television, radio and strategic brand partnerships; • Media Relations – Promoting assessed winery tasting rooms through development of media relations strategies, including but not limited to: media familiarization tours, proactive media pitching and/or influencer relations; • Digital Marketing – Utilizing paid, earned and owned social media to increase awareness of and engagement with assessed businesses;
• Events – Developing and executing winery focused special events to attract customers to assessed businesses;
• Trade & Industry Engagement – Ensuring representatives are provided the opportunity to attend trade shows, meetings, industry conferences, road

EXHIBIT A
184
Livermore Valley Wine Heritage District
2021-2022 Annual Report 6
shows, and events to promote assessed businesses; Create programs that engage key trade and industry influencers with the Livermore Valley; • Print Collateral – Preparing and producing collateral, promotional materials such as brochures, flyers and maps for assessed winery tasting rooms; • Brand Enhancement – Engage with third party brand development agency to develop brand platform and materials to assist with marketing assessed winery hospitality facilities;
• Consumer Analytics – Identify and leverage consumer demographic, geographic and psychographic data to target messaging that markets Livermore Valley as a premier, unique wine destination to attract customers to assessed winery hospitality facilities; and
• Signage Program – Ensure coordinated local signage for the Livermore Valley wine region.

In 2022, funds were allocated to support critical Marketing & Brand Awareness initiatives. Among these initiatives was a website redesign, which revitalized LVWHD's digital presence, resulting in an enhanced user experience and increased exposure. The purp ose of this redesign was to drive business to assessed wineries, showcasing their offerings and attracting a broader audience.

In 2023, the Marketing & Brand Awareness activities are anticipated to include the unveiling of an extensive advertorial campaign encompassing both digital and print platforms, specifically tailored to reach the audience of the South Bay region to attract customers to assessed wineries. Furthermore, significant strides have been taken to bolster marketing efforts by extending an offer to a highly qualified candidate for the position of full-time marketing coordinator. This strategic addition to LVWA’s team will bring invaluable expertise to drive LVWHD Marketing & Brand Awareness initiatives to new heights, increasing business sales for assessed wineries. Finally, recognizing the power of press and media influencers, invitations have been extended to over eighteen (18) press and media influencers to visit and share their experiences through print, social and digital platforms to attract business to assessed wineries.

Advocacy – Community & Industry Engagement
Advocacy programs will utilize dedicated time to provide unified attention, communication, and responsiveness throughout the LVWHD. The advocacy program will also include efforts to form relationships and collaborate with local government agencies, as well as community and regional organizations and entities, to provide a unified voice to represent assessed wine tasting facilities’ best interests on topics related to economic development, regulations, and planning decisions that impact LVWHD wine tasting fa cilities, with the goal to advance, promote and protect the Livermore Valley Wine Country. Additionally, advocacy programs will engage and demonstrate leadership in key state and national trade and industry programs and organizations.

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In 2022, recognizing the significance of forging connections, the LVWHD dedicated resources to commissioning a comprehensive white paper that explored potential collaborators for the Sister City Collaboration effort.

With reserve funds from 2022 and projected 2023 funding, the LVWHD is well- positioned to complete the Sister City Collaboration . Furthermore, Advocacy – Community & Industry Engagement activities are anticipated to include an intensified marketing campaign, a newly launched scholarship fund, and a robust lineup of engaging community events to drive business to assessed wineries . Engagement at the City, County, and State level also remains a top priority. By actively participating in key decision-making processes and forging strong relationships with government entities, we aim to advocate for the mission of the LVWHD and ensure the collective voice of assessed wineries is heard. Finally, efforts dedicated to supporting the success of LVWA’s esteemed partner organizations remains a priority, including TVC, Visit Temecula Valley , Livermore Downtown, Livermore Chamber, and Innovation Tri-Valley.

Quality Enhancement & Education
Educational programs and quality enhancement initiatives will be developed for assessed wine tasting facilities designed to emphasize and enhance excellence and leadership in the industry, with the ultimate goal of increasing visitation, sales, and brand v alue for local wineries. Such programs are intended to bring increased exposure and prominence to Livermore Valley Wine Country as a world-class winery destination through continued education to amplify exceptional practices of the growing of wine grapes and vinification of wine. The program shall include initiatives to enhance wine quality and secure industry recognition for Livermore Valley Wine Country as a premier winemaking and grape-growing region.

The reserve funds from 2022, coupled with the projected income for 2023, will be strategically allocated towards efforts that highlight the importance of stre amlining logistics for assessed wineries . To facilitate this process, the LVWHD is anticipating introducing a dedicated courier service, ensuring that assessed wineries have the necessary resources at their disposal to effortlessly distribute their products .

Moreover, the courier system will be utilized for transporting wine samples to reputable laboratories for meticulous testing. This comprehensive analysis will not only ensure the exceptional quality of wines, but also serve as a vital tool in detecting any potential flaws or inconsistencies, further bolstering dedication to delivering high quality product to consumers at assessed wineries.

Professional Development & Education
Programs and training for assessed winery facilities related to winemaking, wine grape growing, sales, hospitality, direct to consumer, marketing, media interviews, business operations and best practices.

In 2022, Professional Development & Education funds were allocated towards hosting a comprehensive CPR & First Aid training session for all assessed wineries

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and their staff. To ensure seamless access to available resources, LVWA has also recently onboarded a part -time member relations coordinator. This dedicated professional will serve as a valuable point of contact for our esteemed members, offering guidance, support, and timely information to maximize their engagement and success within our organization.

Looking ahead to 2023, an array of member educational seminars are proposed to empower assessed wineries . These efforts include a Reidel glass seminar, a WISE mystery shopper hospitality program, an informative vineyard series, a media message training seminar, and three member dinners aimed at fostering collaboration and networking within the LVWHD wine community.

Administration and Operations
The administration and operations portion of the budget shall be utilized for administrative staffing costs, office costs, advocacy, and other general administrative costs such as insurance, legal, and accounting fees.

A certified public accountant may complete an agreed -upon procedures of the Owners’ Association’s allocation of LVWHD funds and usage in accordance with the terms and condition of the plan, at the City’s discretion. The audit may be performed by the City, or the City may hire an independent audit firm to be paid for by LVWHD.

In addition to general administrative costs as detailed above, a portion of 2022 reserve funds and allocated funds for 2023 will be allocated towards covering the salary of LVWA’s Executive Director, ensuring their ongoing dedication and guidance in advancing the mission of the LVWHD.

City Collection Fee
The City of Livermore shall be paid a fee equal to two percent (2%) of the amount of assessment collected to cover its costs of collection and administration.

Contingency / Reserve
The budget includes a contingency line item to account for lower than anticipated assessments. If there are contingency funds collected, they may be held in a reserve fund or utilized for other programs, administration or renewal costs at the discretion of the Owners’ Association. Policies relating to contributions to the reserve fund, the target amount of the reserve fund, and expenditure of monies from the reserve fund shall be set by the Owners’ Association. Contingency/reserve funds may be spent on District programs or administrative and renewal costs in such proportions as determined by the Owners’ Association. The reserve fund may be used for the costs of renewing the LVWHD. In the upcoming year of operation, f unds will be paid back to LVWA for the costs of the formation of the LVWHD. Once formation costs are paid back, the funds will be in reserve/contingency fund.

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Cost

FY 22/23 Projections
The cost of providing improvements and activities for FY 22/23 is consistent with the Plan. The total estimated assessment budget has increased as a result of improved business conditions. The anticipated total budget for FY 2 2/23 is $ 500,000 in anticipated collections and $89,688.10 in carryover from the previous year, for a total budget of $589,688.10. The categorical breakdown is below. All budget category allocations are within the authorized fifteen percent (15%) adjustment of the total budget from the prior year.

FY 21/22 Actuals
Based on the initial proposed boundary of the LVWHD, the projected FY 21/22 collections as stated in the LVWHD Management District Plan were $693,000 with $0 in carryover for a total estimated FY 21/22 budget of $ 693,000. This figure was an estimation based on the minimal available data that was self -reported by wineries proposed to be assessed at the time of formation. The boundary of the LVWHD was subsequently amended during the formation process, resulting in omission of wineries that were originally anticipated to be assessed. Due to this reduction of the boundaries during the formation process and a delay in collection of the assessment resulting in collections beginning in January 2022, actual collections for fiscal year 2021/2022 were less than what was projected in the Management District Plan , totaling $123,640.33. Budgeted and actual expenses are shown below.

Category % of Budget FY 21/22
Carry Over
FY 22/23
Estimated
Collections
Total FY 22/23
Budget
Marketing & Brand Awareness 35% $31,390.84 $175,000.00 $206,390.84 Quality Enhancement &
Education
18%
$16,143.86
$90,000.00 $106,143.86
Administration & Operations 15% $13,453.22 $75,000.00 $88,453.22 Advocacy- Community &
Industry Engagement 15% $13,453.22 $75,000.00 $88,453.22 Professional Development &
Education 10% $8,968.81 $50,000.00 $58,968.81
Contingency/Reserve 5% $4,484.41 $25,000.00 $29,484.41 City Collection Fee 2% $1,793.76 $10,000.00 $11,793.76 Totals 100.00% $89,688.10 $500,000 $589,688.10

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Original Budget
Category FY 21/22 Estimated
% $
Marketing & Brand Awareness 35% $242,550
Quality Enhancement & Education 18% $124,740
Administration & Operations 15% $103,950
Advocacy- Community & Industry Engagement 15% $103,950
Professional Development & Education 10% $69,300
Contingency/Reserve 5% $34,650
City Collection Fee 2% $13,860
Total Expenditures 100% $693,000

Budget
(Based on
Actual
Collections)
Actual Variance
Revenue $123,640.33 $123,640.33 $0
Expenditures:

Marketing & Brand Awareness (35%) $43,274.12 $20,000.00 $23,274.12 Quality Enhancement & Education (18%) $22,255.26 $0 $22,255.26 Administration & Operations (15%) $18,546.05 $11,486.60 $7,059.45 Advocacy- Community & Industry Engagement (15%) $18,546.05 $0 $18,546.05 Professional Development & Education (10%) $12,364.03 $0 $12,364.03 Contingency/Reserve (5%) $6,189.19 $0 $6,189.19
City Collection Fee (2%) $2,465.63 $2,465.63 $0.00
Total Expenditures $123,640.33 $33,952.23 $89,688.10

The revenue figures are sourced from HdL, while the expense numbers come from LVWHD. All figures are unaudited.

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Assessment
There is no change in the method and basis of levying the assessment.

Assessment Rate
The annual assessment rate is two percent (2%) of gross direct -to-consumer sales revenue of assessed wineries. Based on the benefit received, assessments will not be collected on purchases made outside of the state of California or purchases made pursuant to contracts executed prior to January 1, 2022. Revenue generated from the LVWHD is intended only to provide programs and se rvices for assessed businesses, all of which are located in California. Sales made outside of the state of California are not subject to assessment due to a lack of benefit. Assessment dollars will not be spent on any programs or activities to benefit indi vidual winery businesses outside of the state of California. Assessment dollars may be spent outside of California to elevate the notoriety of the Livermore Valley as a premier winery destination with the desired outcome of increased in-person visitation to business paying the assessment.

The term “gross sales revenue” as used herein means: the consideration charged by wineries, for all direct -to-consumer sales of wine, wine club shipments (whether shipped or picked up), ticket sales, tasting fees, tours and private and public special events, merchandise, prepared and packaged foods for on -premise or off -premise consumption (whether sold in a tasting room or a stand -alone restaurant on - premise), orders placed via telemarketing, telephone, online, em ail, whether carried out at the time of purchase, shipped or picked up at a later date (pre -sales). Gross sales revenue shall not include any federal, state or local taxes collected, including but not limited to sales and use taxes.

The assessment is levied upon and a direct obligation of the assessed winery.

However, the assessed winery may, at its discretion, pass the assessment on to customers. The amount of assessment, if passed on to each customer, shall be disclosed in advance and separately stated from the amount charged and any other applicable taxes, and each customer shall receive a receipt for payment from the business. If the LVWHD assessment is identified separately it shall be disclosed as the “LVWHD Assessment.” The a ssessment is imposed solely upon, and is the sole obligation of the assessed winery even if it is passed on to customers. The California Department of Tax and Fee Administration (CDTFA) issued a written opinion that state sales tax applies to the revenue generated from Business Improvement District assessments on items where state sales tax is levied. In light of CDTFA’s opin ion, businesses that pay both state sales tax and LVWHD assessments on sales are advised to collect sales tax on the assessment revenue.

Bonds shall not be issued.

Time and Manner for Collecting Assessments
The LVWHD assessment will be implemented beginning January 1, 2022 and continuing for four and a half (4.5) years to end on June 30, 2026. The City of

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Livermore or a third -party collection agency will be responsible for collecting the assessment on a quarterly basis (including any delinquencies, penalties and interest) from each winery located in each jurisdiction within the LVWHD. The City or a third- party collection agency shall take all reasonable efforts to collect the assessments from each winery. The City or a third -party collection agency shall forward the assessments collected to the Owners’ Association.

Penalties and Interest
The LVWHD shall reimburse the City of Livermore (City) for any costs associated with collecting unpaid assessments. If sums in excess of the delinquent LVWHD assessment are sought to be recovered in the same collection action by the City, the LVWHD shall bear its pro rata share of such collection costs. Assessed businesses which are delinquent in paying the assessment shall be responsible for paying:

1. Original Delinquency
Any winery that fails to remit any assessment imposed by this section within the time required shall pay a penalty of ten percent (10%) of the amount of the assessment in addition to the assessment.

2. Continued Delinquency
Any winery that fails to remit any delinquent remittance on or before a period of thirty (30) days following the date on which the remittance first became delinquent shall pay a second delinquency penalty of ten percent (10%) of the assessment in addition to the assessment and the ten percent (10%) penalty first imposed.

3. Fraud
If the City or third-party collection agency determines that the nonpayment of any remittance due under this article is due to fraud, a penalty of twenty -five percent (25%) of the amount of the assessment shall be added thereto in addition to the penalties stated in paragraph one (1) and two (2) above of this section.

4. Interest
In addition to the penalties imposed, any winery who fails to remit any assessment imposed by this section shall pay interest at the rate of one - quarter of one percent (0.25%) per month or fraction thereof on the amount of the assessment, exclusive of pena lties, from the date on which the remittance first became delinquent until paid.

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Surplus and Other Funding

Surplus
There will be $89,688.10 from the previous year carried over into 2022/2023.

Other Funding
Outside funding in the amount of $10,000 is estimated to be contributed from event income in 2022/2023.

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Appendix – Assessed Businesses

3 STEVES WINERY ALMOST FAMOUS WINE COMPANY

ARROYO CELLARS BECK FAMILY VINEYARDS

BENT CREEK WINERY BIG WHITE HOUSE LLC

BOAVENTURA DE CAIRES WINERY CADDIS

CEDAR MOUNTAIN WINERY INC CHARLES R VINEYARDS

CHATEAU BELLEVUE CONCANNON VINEYARDS

CROOKED VINE / STONY RIDGE CUDA RIDGE WINES LLC

DANTE ROBERE VINEYARDS DEL SOL VINEYARDS LLC

DEL VALLE WINERY EAGLE RIDGE VINEYARD

EHRENBERG CELLARS ENOTECA FIVE

FAVALORA VINEYARDS & WINERY, INC FENESTRA WINERY

GARRE VINEYARD & WINERY MITCHELL KATZ

LAS POSITAS VINEYARDS LEISURE STREET WINERY
LONGEVITY WINES MADISON VINEYARDS INC.

MCGRAIL VINEYARDS AND WINERY MURRIETAS WELL

NOTTINGHAM CELLARS OCCASIO WINERY

OMEGA ROAD WINERY & CELLARS PAGE MILL WINERY LLC

PAT PAULSEN VINEYARDS PRUETT FARMS

RETZLAFF VINEYARDS RIOS LOVELL WINERY

RODRIGUE MOLYNEAUX WINERY ROSA FIERRO CELLARS

STEVEN KENT WINERY THE TENUTA VINEYARD

TESLA VINTERS WENTE VINEYARDS

WOOD FAMILY VINEYARDS

* The list was developed with the most reliable information provided; however, the list may contain discrepancies. This list shall include any future to -be opened businesses. Any business that may have been missed in this list, but is still within the boundaries of the LVWHD, shall also be subject to assessment.

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J u l y 1 , 2 0 2 2 - J u n e 3 0 , 2 0 2 3
Livermore Valley Wine Heritage District
2022-2023 Annual Report
Submitted to the City of Livermore pursuant to Streets and Highways Code section 36650, for the period from July 1, 2022 - June 30, 2023

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Contents
Background ................................ ................................ ........... 3 Boundaries ................................ ................................ ............ 4 Improvements and Activities ................................ .............. 5 Cost ................................ ................................ ....................... 11 FY 23/24 Projections ................................ ................................ ................................ ................... 11 FY 22/23 Actuals ................................ ................................ ................................ ............................ 12 Assessment ................................ ................................ ......... 12 Surplus and Other Funding ................................ ............... 15 Surplus ................................ ................................ ................................ ................................ ................ 15 Other Funding ................................ ................................ ................................ ................................ . 15 Appendix – Assessed Businesses ................................ .... 16 Prepared by
Civitas
(800)999-7781
civitasadvisors.com

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Background
On November 22, 2021, the Livermore City Council approved the establishment of the Livermore Valley Wine Heritage District (LVWHD) and adopted the LVWHD Management District Plan (MDP) by City Council Resolution No. 2021 -198 (Resolution of Formation). The LVWHD was approved for a five (5) year term, beginning July 1, 2021 through June 30, 2026.

Due to circumstances of the LVWHD formation process resulting in a delay in collection of assessments, the assessment could not begin until January 1, 2022. The MDP stipulates that although the five (5) year term begins July 1, 2021, the collection of assessments shall start January 1, 2022. The LVWHD term end date of June 30, 2026 is unchanged. During the Livermore City Council hearing held on November 22, 2021, at which the Resolution of Formation was passed, the Livermore City Council reduced the origina l LVWHD boundaries to be conterminous with the City of Livermore’s jurisdiction boundary and portions of the County of Alameda. Therefore, the LVWHD assessment is only collected from the wineries within the reduced boundary. Due to the special circumstances described herein, this particular Annual Report is intended to serve a dual function, encompassing both a retrospective and prospective outlook. Specifically, it shall offer a n account of the operations of the LVWHD in the operational year of 2022-2023, while also providing a forward-looking projection of revenue.

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Boundaries
There are no proposed changes to the boundaries. One (1) new winery business has opened and one (1) winery business has closed:

New business: Sakura Winery- 5556 Mines Rd, Livermore, CA 94550 Closed business: Eagle Ridge Vineyard- 10017 Tesla Rd, Livermore, CA 94550 The LVWHD will continue to include all wineries existing and in the future, within the boundaries of portions of the County of Alameda and the City of Livermore, as shown on the map below. A complete listing of wineries within the LVWHD can be found in the Appendix.

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Improvements and Activities

The improvements and activities to be provided for fiscal year 2023-2024 are consistent with the Management District Plan (Plan). T he LVWHD has launched a scholarship program and a profiler program as part of the ir improvements and activities.

The LVWHD provides specific benefits to payors, by funding Marketing and Brand Awareness; Community and Industry Advocacy; Quality Enhancement and Education; Professional Development and Education Efforts with the goal of advancing assessed businesses in the Livermore Valley Wine Country . The LVWHD services are designed to provide targeted benefits directly to assessed businesses and are intended only to provide benefits and services directly to those businesses paying the assessment. These services are tailored not to serv e the general public, businesses in general, nor parcels of land, but rather to serve the specific assessed businesses within the LVWHD. The activities described are specifically targeted to increase sales for assessed wineries within the boundaries of the LVWHD, and are narrowly tailored. LVWHD funds will be used exclusively to provide the specific benefit of increased sales revenue directly to the assessees. As sessment funds shall not be used to feature non -assessed wineries in LVWHD programs, nor to di rectly generate sales for non -assessed wineries. The activities paid for from assessment revenues are business services constituting and providing specific benefits to the assessed wineries.

Marketing & Brand Awareness
A brand awareness marketing program will continue to promote the LVWHD as a premium winegrowing region and as a leader in the global wine community. The brand awareness marketing program will have a central theme of promoting the LVWHD as a desirable place to experience Livermore Valley wineries, and as a desirable area to purchase wines and other estate produced products. The program has the goal of increasing demand for visitation to the winegrowing region, retail sales, affinity for LVWHD grapes and wine s, and recognition at and for assessed businesses, and may include but is not limited to the following activities:
• Advertising across any and all media channels to promote assessed winery tasting rooms on a local, regional or national level, including but not limited to: digital, print, television, radio and strategic brand partnerships; • Media Relations – Promoting assessed winery tasting rooms through development of media relations strategies, including but not limited to: media familiarization tours, proactive media pitching and/or influencer relations; • Digital Marketing – Utilizing paid, earned and owned social media to increase awareness of and engagement with assessed businesses;
• Events – Developing and executing winery focused special events to attract customers to assessed businesses;
• Trade & Industry Engagement – Ensuring representatives are provided the opportunity to attend trade shows, meetings, industry conferences, road

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shows, and events to promote assessed businesses; Create programs that engage key trade and industry influencers with the Livermore Valley; • Print Collateral – Preparing and producing collateral, promotional materials such as brochures, flyers and maps for assessed winery tasting rooms; • Brand Enhancement – Engage with third party brand development agency to develop brand platform and materials to assist with marketing assessed winery hospitality facilities;
• Consumer Analytics – Identify and leverage consumer demographic, geographic and psychographic data to target messaging that markets Livermore Valley as a premier, unique wine destination to attract customers to assessed winery hospitality facilities; and
• Signage Program – Ensure coordinated local signage for the Livermore Valley wine region.

In 2023 , the Marketing & Brand Awareness activities included the unveiling of an extensive advertorial campaign encompassing both digital and print platforms, specifically tailored to reach the audience of the South Bay region to attract customers to assessed wineries. Furthermore , a full-time marketing coordinator was hired, bringing invaluable expertise to drive LVWHD Marketing & Brand Awareness initiatives to new heights, to increase demand for business sales for assessed wineries. Finally, recognizing the power of press and me dia influencers, invitations were extended to over eighteen (18) press and media influencers to visit and share their experiences through print, social and digital platforms to attract business to assessed wineries.

In 2024, Livermore Valley Winegrowers Association ( LVWA) is embarking on new advertising collaborations with local sports franchises. A total of twenty-eight (28) press trips are planned to facilitate media and influencer visits, strengthening the LVWA’s brand presence to drive business to assessed wineries . The “Profiles” campaign continues into 2024 , and LVWA is gearing up for high -profile off -site pourings at locations like the Best of the Bay and Santana Row, as well as continuing multi-city wine strolls. These endeavors collectively underscore LVWA’s commitment to expanding brand recognition and engagement in the year ahead, and contribute to anticipated ongoing monthly growth in social media advertising campaigns.

Advertising:

LVWA executed an extensive digital advertising campaign across various platforms, including Patch, 7x7, Hearst (specifically SFGate), Mercury Times, Modern Luxury Media, and Alpha Media. LVWA also utilized internet display ads and retargeting ads.

Additionally, LVWA embraced traditional print advertising in esteemed publications such as Napa Valley Life, Pleasanton Weekly, Diablo Magazine, Modern Luxury Silicon Valley, Modern Luxury San Francisco Magazine, Modern Luxury's Silicon Valley Annual Guide, and CA Travel Gu ide. Furthermore, LVWA engaged in advertorials on Story Studio with SFGate, Mercury News, Modern Luxury, and 7x7, with several resulting in printed editorials.

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Media Relations:

LVWA’s media relations efforts achieved remarkable success, featuring prominent media figures such as Brianne Cohen, Stacy Briscoe, Kelly Magyarics, Mary Orlin, Mary Babbit from Sip, Sip, Hooray Podcast, Kate Dingwall, Nicole MacKay, and Ray Fister from Wine Bet ween the Vines Podcast. This outreach generated extensive coverage in prestigious publications such as MAXIM, Forbes, Modern Luxury, Wine Enthusiast, Edible East Bay, Best Wineries, SOMM TV, and The Vintner Project. Additionally, LVWA hosted a live tasting session on YouTube, Instagram, and Twitter, resulting in numerous articles published on over a dozen blogs.

In collaboration with Visit Tri-Valley, LVWA organized a press trip that led to articles in various publications and featured stories on social media platforms, including The Brooke Blend and numerous social media reels.

Social Media:

LVWA’s comprehensive social media strategy included paid ads, retargeting efforts, heightened social engagement, and expanding our follower base and engagement levels through collaboration with a marketing agency.

Events:

In 2022, LVWA successfully hosted Taste Our Terroir and rebranded this premier wine event as "TASTE: The Livermore Valley Wine Experience" for 2023.

Additionally, LVWA actively promoted other collaborative events, resulting in significant website traffic on lvwine.org. LVWA also hosted a very successful Holidays in the Vineyards in December.

Trade & Industry:

LVWA actively participated in multiple offsite pouring opportunities and coordinated similar events for wineries in our region, including the Los Gatos Wine Stroll and Safeway Livermore Valley Week, along with many others in the South Bay area and the Greater Bay Area.

Print Collateral:

LVWA’s wine maps and brochures were updated for rebranding, and a Profile Campaign featured posters of winemakers from various renowned wineries, to be displayed onsite and used in media. The following Profiles have been completed:

McGrail Vineyards & Winery, Cud a Ridge Wines, Rosa Fierro Cellars, Concannon Vineyard, Darcie Kent Estate Winery, and Wente Vineyard.

Brand Enhancement:

To enhance marketing efforts, LVWA hired a full-time marketing coordinator, and the marketing committee convenes monthly to analyze campaign metrics, ensuring alignment with our target demographics and making strategic adjustments as needed. Additionally, LVWA collaborated closely with media partners to precisely target ads toward our intended audience.

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Signage Program:

LVWA strengthened its signage program by designing and installing new winery signs throughout the valley, facilitating clear navigation for visitors to locate our wineries.

Advocacy – Community & Industry Engagement
Advocacy programs will continue to utilize dedicated time to provide unified attention, communication, and responsiveness throughout the LVWHD. The advocacy program will also include efforts to form relationships and collaborate with local government agencies, as well as community and regio nal organizations and entities, to provide a unified voice to represent assessed wine tasting facilities’ best interests on topics related to economic development, regulations, and planning decisions that impact LVWHD wine tasting facilities, with the goal to advance, promote and protect the Livermore Valley Wine Country. Additionally, advocacy programs will continue to engage and demonstrate leadership in key state and national trade and industry programs and organizations.

With reserve funds from 2022 and 2023 funding, the LVWHD completed the Sister City Collaboration . Furthermore, Advocacy – Community & Industry Engagement activities include d an intensified marketing campaign, the launch of a scholarship fund. A robust lineup of engaging community events to drive business to assessed wineries was also implemented . Furthermore, LVWA remained dedicated to invaluable partnerships with Tri-Valley Conservancy ( TVC), Visit Temecula Valley , Livermore Downtown, Livermore Chamber, and Innovation Tri-Valley.

In 2024, a continued commitment to e ngagement at the City, County, and State level will remain a top priority. LVWA endeavored to participate in key decision -making processes and forging strong relationships with government entities, with the aim to advocate for the mission of the LVWHD and ensure that the collective voice of assessed wineries is heard. Furthermore, the Sister City and scholarship programs will continue. Partnerships with Visit Tri-Valley, Innovations Tri -Valley, Livermore Chamber of Commer ce, City of Livermore, Alameda County, Livermore Downtown and TVC will continue into 2024, including the continued growth of the Agritourism Committee.

Quality Enhancement & Education
Educational programs and quality enhancement initiatives will continue to be developed for assessed wine tasting facilities designed to emphasize and enhance excellence and leadership in the industry, with the ultimate goal of increasing visitation, sales, and brand value for local wineries. Such programs are intended to bring increased exposure and prominence to Livermore Valley Wine Country as a world-class winery destination through continued education to amplify exceptional practices of the growing of wine grapes and vinificati on of wine. The program shall continue to include initiatives to enhance wine quality and secure industry recognition for Livermore Valley Wine Country as a premier winemaking and grape- growing region.

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The reserve funds from 2022, coupled with the projected income for 2023, was allocated towards efforts that highlight the importance of stre amlining logistics for assessed wineries . To facilitate this process, the LVWHD introduced a dedicated courier service, ensuring that assessed wineries have the necessary resources at their disposal to effortlessly distribute their products. The courier system has been utilized for transporting wine samples to reputable laboratories for testing to not only ensure the exceptional quality of wines, but also serve as a vital tool in detecting any potential flaws or inconsistencies, further bolstering dedication to delivering high quality product to consumers at assessed wineries.

In 2024 , LVWA will continue to collaborate with TVC and Wine Quality Alliance (WQA) to curate engaging experiences that spotlight the exceptional quality of wines within specific geo-targeted areas in the South Bay and Peninsula to drive business to assessed wineries. The successful completion of the “Mapping the Vineyards Project” marks a milestone in LVWA’s ongoing efforts to enhance the LVWHD wine community. LVWA will introduce a new classified section on the website for the sale of grapes and equipment. Furthermore, LVWA is endeavoring pursuit of a new partnership with local laboratory Aemtek, aimed at providing LVWHD members with discounted testing services, ensuring the quality and integrity of LVWHD wines from vine to bottle.

Professional Development & Education
Programs and training will be continued for assessed winery facilities related to winemaking, wine grape growing, sales, hospitality, direct to consumer, marketing, media interviews, business operations and best practices.

In 2023, an array of member educational seminars were proposed and implemented to empower assessed wineries. These efforts included a Reidel glass seminar, a Wine Industry Sales Education ( WISE) mystery shopper hospitality program, an informative vineyard series, a media message training seminar, and three member dinners aimed at fostering collaboration and networking within the LVWHD wine community.

In 2024, educational seminars will continue to be an area of focus.

Administration and Operations
The administration and operations portion of the budget shall continue to be utilized for administrative staffing costs, office costs, advocacy, and other general administrative costs such as insurance, legal, and accounting fees.

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A portion of 2022 reserve funds and allocated funds for 2023 were allocated towards covering the salary of LVWA’s Executive Director, ensuring their ongoing dedication and guidance in advancing the mission of the LVWHD.

City Collection Fee
The City of Livermore shall continue to be paid a fee equal to two percent (2%) of the amount of assessment collected to cover its costs of collection and administration.

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Cost

FY 23/24 Projections
The cost of providing improvements and activities for FY 23/24 is consistent with the Plan. The total estimated assessment budget has increased as a result of improved business conditions. The anticipated total budget for FY 2 3/24 is $ 600,000 in anticipated collections and $ 137,064 in carryover from previous year s, for a total budget of $737,064. The categorical breakdown is below. All budget category allocations are within the authorized fifteen percent (15%) adjustment of the total budget from the prior year.

Category % of
Budget

Carry Over
FY 23/24
Estimated
Collections
Total FY 23/24
Budget
Marketing & Brand Awareness 35% $47,972.40 $210,000 $ 257,972.40 Quality Enhancement &
Education
18%

$24,671.52 $108,000 $ 132,671.52
Administration & Operations 15% $20,559.60 $90,000 $110,559.60 Advocacy- Community & Industry
Engagement 15% $20,559.60 $90,000 $ 110,559.60
Professional Development &
Education 10% $13,706.40 $60,000 $ 73,706.40
Contingency/Reserve 5% $6,853.20 $30,000 $ 36,853.20
City Collection Fee 2% $2,741.28 $12,000 $ 14,741.28
Totals 100.00% $ 137,064 $600,000 $ 737,064

EXHIBIT B
204
Livermore Valley Wine Heritage District
2022-2023 Annual Report 12
FY 22/23 Actuals
The projected FY 22/23 collections were $500,000 . Actual collections were more than anticipated, totaling $567,620. Budgeted and actual expenses are shown below.

Original Budget
Category FY 22/23 Estimated
% $
Marketing & Brand Awareness 35% $175,000
Quality Enhancement & Education 18% $90,000
Administration & Operations 15% $75,000
Advocacy- Community & Industry Engagement 15% $75,000
Professional Development & Education 10% $50,000
Contingency/Reserve 5% $25,000
City Collection Fee 2% $10,000
Total Expenditures 100% $500,000

Budget
(Based on
Actual
Collections)
Actual Variance
Revenue $567,620 $567,620 $0
Expenditures:

Marketing & Brand Awareness (35%) $198,667 $187,858.36 $10,808.64 Quality Enhancement & Education (18%) $102,172 $91,491.24 $10,680.76 Administration & Operations (15%) $85,143 $77,056.76 $8,086.24 Advocacy- Community & Industry Engagement (15%) $85,143 $76,242.66 $8,900.34 Professional Development & Education (10%) $56,762 $50,828.45 $5,933.55 Contingency/Reserve (5%) $28,381 $25,414.22 $2,966.78 City Collection Fee (2%) $11,352 $11,352.41 ($0.41)
Total Expenditures $567,620 $520,244.10 $47,375.90

The revenue figures are sourced from HdL, while the expense numbers come from LVWHD. All figures are unaudited.

EXHIBIT B
205
Livermore Valley Wine Heritage District
2022-2023 Annual Report 13
Assessment
There is no change in the method and basis of levying the assessment.

Assessment Rate
The annual assessment rate is two percent (2%) of gross direct -to-consumer sales revenue of assessed wineries. Based on the benefit received, assessments will not be collected on purchases made outside of the state of California or purchases made pursuant to contracts executed prior to January 1, 2022. Revenue generated from the LVWHD is intended only to provide programs and services for assessed businesses, all of which are located in California. Sales made outside of the state of California are not subject to assessment due to a lack of benefit. Assessment dollars will not be spent on any programs or activities to benefit individual winery businesses outside of the state of California. Assessment dollars may be spent outside of California to elevate the notoriety of the Livermore Valley as a premier winery destination with the desired outcome of increased in-person visitation to business paying the assessment.

The term “gross sales revenue” as used herein means: the consideration charged by wineries, for all direct -to-consumer sales of wine, wine club shipments (whether shipped or picked up), ticket sales, tasting fees, tours and private and public special events, merchandise, prepared and packaged foods for on -premise or off -premise consumption (whether sold in a tasting room or a stand -alone restaurant on - premise), orders placed via telemarketing, telephone, online, email, whether carried out at the time of pu rchase, shipped or picked up at a later date (pre -sales). Gross sales revenue shall not include any federal, state or local taxes collected, including but not limited to sales and use taxes.

The assessment is levied upon and a direct obligation of the assessed winery.

Bonds shall not be issued.

Time and Manner for Collecting Assessments
The LVWHD assessment was implemented beginning January 1, 2022 and continuing for four and a half (4.5) years to end on June 30, 2026. The City of Livermore or a

EXHIBIT B
206
Livermore Valley Wine Heritage District
2022-2023 Annual Report 14
third-party collection agency will be responsible for collecting the assessment on a quarterly basis (including any delinquencies, penalties and interest) from each winery located in each jurisdiction within the LVWHD. The City or a third -party collection agency shall take all reasonable efforts to collect the assessments from each winery. The City or a third -party collection agency shall forward the assessments collected to the Owners’ Association.

4. Interest
In addition to the penalties imposed, any winery who fails to remit any assessment imposed by this section shall pay interest at the rate of one - quarter of one percent (0.25%) per month or fraction thereof on the amount of the assessment, exclusive of penalties, from the date on which the remittance first became delinquent until paid.

EXHIBIT B
207
Livermore Valley Wine Heritage District
2022-2023 Annual Report 15
Surplus and Other Funding

Surplus
There will be $47,375.90 from the previous year carried over into 202 3/2024, plus $89,688.10 from 2021/2022.

Other Funding
Outside funding in the amount of approximately $65,000 is estimated to be contributed from event income in 2023/2024.

EXHIBIT B
208
Livermore Valley Wine Heritage District
2022-2023 Annual Report 16
Appendix – Assessed Businesses
3 STEVES WINERY ALMOST FAMOUS WINE COMPANY

ARROYO CELLARS BECK FAMILY VINEYARDS

BENT CREEK WINERY BIG WHITE HOUSE LLC

BOAVENTURA DE CAIRES WINERY CADDIS

CEDAR MOUNTAIN WINERY INC CHARLES R VINEYARDS

CHATEAU BELLEVUE CONCANNON VINEYARDS

CROOKED VINE / STONY RIDGE CUDA RIDGE WINES LLC

DANTE ROBERE VINEYARDS DEL SOL VINEYARDS LLC

DEL VALLE WINERY EAGLE RIDGE VINEYARD

EHRENBERG CELLARS ENOTECA FIVE

FAVALORA VINEYARDS & WINERY, INC FENESTRA WINERY

GARRE VINEYARD & WINERY MITCHELL KATZ

LAS POSITAS VINEYARDS LEISURE STREET WINERY
LONGEVITY WINES MADISON VINEYARDS INC.

MCGRAIL VINEYARDS AND WINERY MURRIETAS WELL

NOTTINGHAM CELLARS OCCASIO WINERY

OMEGA ROAD WINERY & CELLARS PAGE MILL WINERY LLC

PAT PAULSEN VINEYARDS PRUETT FARMS

RETZLAFF VINEYARDS RIOS LOVELL WINERY

RODRIGUE MOLYNEAUX WINERY ROSA FIERRO CELLARS

SAKURA WINERY TENUTA VINEYARD

STEVEN KENT WINERY WENTE VINEYARDS

TESLA VINTERS

WOOD FAMILY VINEYARDS
* The list was developed with the most reliable information provided; however, the list may contain discrepancies. This list shall include any future to -be opened businesses. Any business that may have been missed in this list, but is still within the boundaries of the LVWHD, shall also be subject to assessment.

EXHIBIT B
209

CITY COUNCIL STAFF REPORT
ITEM NO. 5.7

DATE:

November 27, 2023
TO:

Honorable Mayor and City Council
FROM:

Paul Spence, Community Development Director
SUBJECT:

Resolution accepting public improvements constructed pursuant to the Subdivision Improvement Agreement for Tract Map 8173 located at 2855 Old First Street for the construction of 17 single family residential homes by Concentric Development Group, Inc. for permanent maintenance and authorizing release of security.

RECOMMENDED ACTION

Staff recommends the City Council adopt a resolution accepting public improvements
constructed
pursuant to the Subdivision Improvement Agreement for Tract Map 8173 located at 2855 Old First Street for the construction of 17 single family residential homes by Concentric Development Group, Inc. for permanent maintenance and authorizing release of security.

SUMMARY
On November 8, 2021, the final Tract Map 8173 to construct 17 single family residential homes, at 2855 Old First Street was approved by the City Council with a Subdivision Improvement Agreement and security for the construction of public improvements. The public improvements for the project include a public storm drain and sewer system. The developer, Concentric Development Group, Inc., has completed the public improvements to the satisfaction of the City Engineer. The City Council can now accept Tract Map 8173 public improvements
for permanent maintenance and release security.

DISCUSSION
Tract Map 8173 consists of 17 residential single-family homes and is located at 2855 Old First Street. On November 8, 2021, final Tract Map 8173 was approved by City Council with a Subdivision Improvement Agreement and security for public improvements. Concentric Development Group, Inc. has fulfilled all of the obligations as described in the Conditions of Approval and Subdivision Improvement Agreement for Tract Map 8173 to the satisfaction of the City Engineer. The public improvements for the project include an 18" storm drain system that runs between the new development and First Street, an 8"-24" sewer system that runs between the new development and Junction Avenue, as well as new pavement along Old First Street. The City Council can now accept Tract Map 8173 for permanent maintenance and release the security that was provided as surety for these public improvements as specified in the 210
Subdivision Improvement Agreement.

FISCAL AND ADMINISTRATIVE IMPACTS

The estimated annual operations and replacement costs for the public infrastructure, including storm drain, sewer and pavement is approximately $5,000. $2,000 of this cost is funded by sanitary sewer user fees, and $3,000 is funded by the General Fund, which is partially derived from increased property taxes generated from the new development. As part of the Downtown Landscape Maintenance District, homeowners within this tract will also be assessed annually to provide a portion of funds to maintain public amenities within the Downtown Specific Plan.

COMMUNITY PILLAR
2: A Safe Community That Thrives
GOAL
9: Facilitate new development consistent with the City's General Plan

ATTACHMENTS

1. Vicinity Map

2. Resolution

Prepared by: Farnoush Levers
Senior Civil Engineer

Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
211
City of Livermore
This map is based on City of Livermore GIS
Information and reflects the most current information
at the time of this printing. The map is intended for
reference purposes only and the City and its staff is
not responsible for errors.
1,000Livermore IT, GIS Services
166.7
1:NAD_1983_StatePlane_California_III_FIPS_0403_Feet

83.33 Feet166.70
9/1/2021 5:39:41
PM
Prepared:

Notes:

Scale:

ATTACHMENT 1

VICINITY MAP
ATTACHMENT 1
212
RESOLUTION NO. _______

RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:

EXEMPT FROM FILING FEES PURSUANT TO
GOV. CODE § 27383

CITY CLERK

CITY OF LIVERMORE
1052 S. LIVERMORE AVENUE
LIVERMORE, CA 94550
Space Above This Line For Recorder’s Use Only

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION ACCEPTING PUBLIC IMPROVEMENTS CONSTRUCTED

PURSUANT TO THE SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT MAP 8173 LOCATED AT 2855 OLD FIRST STREET FOR THE CONSTRUCTION OF 17 SINGLE FAMILY RESIDENTIAL HOMES BY CONCENTRIC DEVELOPMENT GROUP, INC. FOR PERMANENT MAINTENANCE AND AUTHORIZING RELEASE

OF SECURITY
(Concentric Development Group, Inc. - Tract Map 8173)
On November 8, 2021, the City Council adopted Resolution No. 2021-184 approving Tract Map 8173 and authorizing the execution of a Subdivision Improvement Agreement with Concentric Development Group, Inc. The Subdivision Improvement Agreement for Tract Map 8173 was recorded under Series No. 2021391738, dated December 8, 2021, Official Records of Alameda County, California.

The City Engineer of the City of Livermore has filed with the City Clerk a report in writing that all public improvements constructed pursuant to the Subdivision Improvement Agreement for Tract Map 8173 have been completed by Concentric Development Group, Inc. to City of Livermore’s standards and are now ready for acceptance by the City of Livermore for permanent maintenance.

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

1. The City Council hereby accepts all public improvements required to have been constructed pursuant to the Subdivision Improvement Agreement for Tract Map 8173, recorded under Series No. 2021391738, dated December 8, 2021, Official Records of Alameda County, California (“Subdivision Improvement Agreement”). 213
RESOLUTION NO. _______

2. The faithful performance bond guaranteeing the Subdivision Improvement Agreement is hereby released.

3. The labor and materials bond guaranteeing the Subdivision Improvement Agreement shall, six months after the date of this resolution, be reduced to an amount equal to the amount of all claims filed and of which notice has been given to the City of Livermore. The balance of the bond shall be released upon the settlement of all such claims and obligations for which the security was given.

4. The security for the guarantee and warranty of the work under the Subdivision Improvement Agreement shall remain in effect for one year from the date of this resolution. The contractor/developer is required to reconstruct any deficiencies that occur and to repair or replace defective materials during the maintenance period.

The City Clerk is directed to record this resolution in the office of the Alameda County Recorder.

On motion of Council Member ___________________, seconded by Council Member ____________________, the foregoing resolution was passed and adopted on November 27, 2023, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ATTEST: APPROVED AS TO FORM:
______________________________ /s/ Molly O’Toole
Marie Weber Molly O’Toole
Deputy City Manager/City Clerk Deputy City Attorney
214

CITY COUNCIL STAFF REPORT
ITEM NO. 6.1

DATE:

November 27, 2023
TO:

Honorable Mayor and City Council
FROM:

Paul Spence, Community Development Director
SUBJECT:

Hearing to consider amending the Livermore Municipal Code Chapter 5.90 Short-Term Rentals, Section 5.90.050 Locations, to allow accessory dwelling units with building permits issued prior to January 1, 2020, to be used as short-term rentals.

RECOMMENDED ACTION

Staff recommends that the City Council do the following:
1 .

Adopt a resolution finding the project is exempt from the California Environmental Quality Act; and 2 .

Introduce an ordinance
and waive the first reading, amending Chapter 5.90 Short-Term Rentals, Section 5.90.050 of the Livermore Municipal Code, allowing accessory dwelling units with building permits issued prior to January 1, 2020, to be used as short-term rentals.

SUMMARY
In late 2020, the City Council approved Municipal Code Ordinance 2120 establishing regulations for short-term rentals (Chapter 5.90). The purpose of the ordinance was to monitor short-term rental activity through the permitting process and help alleviate potential impacts by holding hosts accountable for compliance with adopted regulations. Currently, short-term rentals are allowed in permanent dwelling units, or portions thereof, located in residential districts. A host, or property owner, is limited to one short- term rental at any one time and only one short-term rental may be operated at a single location. Short- term rentals are currently not allowed in accessory dwelling units. Accessory dwelling units (sometimes called "granny flats" or "in-law units") are defined as separate, complete housekeeping units with a separate entrance, kitchen, sleeping area, and full bathroom facilities that is attached or detached from the main home.

Staff is recommending a Municipal Code amendment to allow accessory dwelling units legally permitted prior to January 1, 2020, to be used as Short-Term Rentals (STR), which is a rental for 30 days or less, if the owner applies for and receives an STR permit from the City.

DISCUSSION
Over the past year, staff has worked with Granicus consulting to implement the permitting process for 215
short-term rentals (STR). There are about 70 short-term rentals in Livermore advertised on various websites such as AirBNB and VRBO.

California Government Code Section 65852.2 regulates the creation of accessory dwelling units in areas zoned for single-family or multifamily residential use. The regulations address use of accessory dwelling units and development standards such as minimum and maximum square footage, height and parking.

For accessory dwelling units permitted prior to January 1, 2020, the Government Code states that "a local agency
may
(emphasis added) require that an accessory dwelling unit be used for rentals of terms longer than 30 days." In other words, a local agency could prohibit the use of accessory dwelling units permitted prior to January 2020 for short-term rentals, which is 30 days or less, but it was not required under state law.

The Livermore Development Code does have accessory dwelling regulations too, but they are currently being updated to reflect new state legislation. Currently, city staff defers to state law for accessory dwelling unit regulations until the update is complete.

Senate Bill 13 (effective January 1, 2020) added additional, less restrictive development standards for accessory dwelling units to create additional longer-term housing opportunities. As such, under the Government Code, local agencies
shall
require that a rental of an accessory dwelling unit created under the new, less restrictive 2020 regulations be for a term of longer than 30 days.

The Livermore Municipal Code currently does not allow any accessory dwelling unit, regardless of when it was permitted, to be used for a short-term rental (30-days or less). As stated above, the City does have the discretion to allow accessory dwelling units created prior to January 1, 2020, to be used for short- term rentals. Based on staff research as part of the STR permitting program, there are less than five residential properties that have accessory dwelling units permitted before January 1, 2020, that were used for short-term rentals prior to the adoption of City's STR regulations.

Staff recommends allowing STR's in these older accessory dwelling units (sometimes called and permitted as "secondary dwelling units" prior to 2020) based on concerns from the property owners that they invested in, developed, and used these units as STRs for a number of years and that they rely on the rental income from the short-term rental use. STRS also provide flexibility for some families to meet the needs of housing for family members for some portion of the year while still deriving income from the STR use at other times. In addition, and as stated above, state law does allow STRs in accessory dwelling units permitted prior to January 2020.

Finally, all STRs in the City now must apply for a license to ensure compatibility with the surrounding neighborhoods regarding issues such as noise, parking, and public safety. The permit requires contact information on file for the STR host and a complaint hotline that is serviced by Granicus to address complaints expeditiously.

As part of the STR permitting process, adjacent properties are notified of the STR application, and neighbors can provide comments prior to action on the permit. Some neighbor concerns staff have heard are related to the lack of an on-site host to deal with problems promptly, particularly with the rental of an entire house. With an accessory dwelling unit, however, the host or another responsible party is more likely to be on-site in the main home and available to address neighbor concerns. Finally, the City may deny an STR permit renewal or suspend or revoke and active permit if the host does not meet all of the STR regulations.
216

Staff recommends the following Municipal Code amendment to Chapter 5.90 Short-Term Rentals, Section 5.90.050 Locations:

5.90.050 Locations.

A. Short-term rentals are permitted only
within

in the following:
1 .
legal conforming and legal nonconforming permanent dwelling units within residential districts , and
2 .
accessory dwelling units for which a building permit was issued prior to January 1, 2020, and a certificate of occupancy was subsequently issued.

No person shall operate or allow short-term rental of property in any location not approved for use as a permanent dwelling unit, including but not limited to any vehicle, trailer, tent, storage shed, or garage.

C. No person shall operate a short-term rental in an accessory dwelling unit that obtained a building
permit on or after January 1, 2020.

Hosts shall be limited to one short-term rental permit at any one time in the City.

A residential dwelling that
is
a short-term rental may not be rented by more than one renter at a time .

No more than one short-term rental may be operated at a single location.

The amendment would allow the limited use of accessory dwelling units as short-term rental consistent with state law.

ENVIRONMENTAL REVIEW

Staff recommends the City Council find the project is exempt from the California Environmental Quality Act under Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment. The proposed project does not result in the approval of any development project, nor does it directly or indirectly impact the physical environment. (Section 15060(c)(2))

FISCAL AND ADMINISTRATIVE IMPACTS

The proposed Municipal Code Amendment could result in additional short-term rental permit applications. However, it is not anticipated to be a significant number of applications and will not significantly increase staff time or impact the permitting process. The City will also collect Transient Occupancy Taxes (TOT) from the short-term rentals.

COMMUNITY PILLAR

1. A Safe Community That Thrives
GOAL

7. Expand and preserve the supply of affordable housing opportunities

ATTACHMENTS
217

1. Resolution

2. Ordinance

Prepared by: Susan Frost
Special Projects Coordinator

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION FINDING THAT THE PROJECT IS EXEMPT FROM THE

PROVISIONS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
(Municipal Code Amendment 23-001)
The City of Livermore initiated an application for Municipal Code Amendment 23- 001 to amend Municipal Code Section 5.90.050 Short-Term Rentals regarding the use of accessory dwelling units with building permits issued prior to January 1, 2020, for short term rentals (“Project”).

On November 27, 2023, the City Council held a duly noticed public hearing to consider the Project, staff recommendations, and all public comments and testimony, and findings.

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

BE IT FURTHER RESOLVED that the City Council hereby finds that the Project is exempt under CEQA Guidelines Section 15061(b)(3) (common sense exemption) in that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Short-term rentals will be allowed to be located in a limited number of existing accessory dwelling units, which are consistent with existing general plan land use designations and zoning regulations.

BE IT FURTHER RESOLVED that the City Council of the City of Livermore directs the Planning Manager to file a Notice of Exemption with the Alameda County Clerk, if the project is approved.

The documents that constitute the record of proceedings upon which this decision is based can be found in the City Clerk’s Office, 1052 S. Livermore Avenue, in Livermore, California. This resolution shall be effective upon adoption by the City Council. 219
RESOLUTION NO. ________
On motion of Council Member _______, seconded by Council Member _______ the foregoing resolution was passed and adopted on November 27, 2023, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Kimberly D. Cilley
Marie Weber Kimberly D. Cilley
Deputy City Manager/City Clerk Senior Assistant City Attorney 220
ORDINANCE NO. ______

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA AN ORDINANCE AMENDING LIVERMORE MUNICIPAL CODE CHAPTER 5.90, SECTION 5.90.050 (SHORT-TERM RENTALS)

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LIVERMORE DOES ORDAIN AS FOLLOWS:

Section 1. Public Hearing. Prior to taking action on the Project, and at a properly noticed public hearing, the City Council of the City of Livermore reviewed the written and oral staff reports, conducted a public hearing on the Project and took testimony, and received into the record all pertinent documents related to the Project (collectively, the “Record of Evidence”). The City Council’s determination is based on the Record of Evidence, which is incorporated into this Ordinance by reference.

Section 2. Environmental. The City Council has adopted Resolution No. ______ finding that Municipal Code Amendment 23-001 is exempt from the California Environmental Quality Act.

Section 3. Ordinance. Section 5.90.050 of Chapter 5.90 Short-Term Rentals of the Livermore Municipal Code is hereby amended as follows:

5.90.050 Locations.

A. Short-term rentals are permitted only in the following:

1. legal conforming and legal nonconforming permanent dwelling units within residential districts, and

2. accessory dwelling units for which a building permit was issued prior to January 1, 2020, and a certificate of occupancy was subsequently issued.

B. No person shall operate or allow short-term rental of property in any location not approved for use as a permanent dwelling unit, including but not limited to any vehicle, trailer, tent, storage shed, or garage.

C. No person shall operate a short-term rental in an accessory dwelling unit that obtained a building permit on or after January 1, 2020.

D. Hosts shall be limited to one short-term rental permit at any one time in the City.

E. A residential dwelling that is a short-term rental may not be rented by more than one renter at a time.

F. No more than one short-term rental may be operated at a single location. 221
ORDINANCE NO. ______
Section 4. Consistency. The ordinance is consistent with the Livermore General Plan, any applicable specific plan, and the Livermore Municipal Code.

Section 5. Publication and Effective Date . This ordinance or a comprehensive summary thereof shall be published once in a newspaper of general circulation of the City of Livermore within 15 days after its adoption and shall take effect and be in force 30 days from and after its adoption.

Section 6. Filing. The Planning Manager is directed to file a Notice of Exemption with the Alameda County Clerk.

Section 7. Documents. 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, Livermore, California.

Section 8. Severability. If any part of this ordinance is declared unconstitutional or invalid by a court, such unconstitutionality or invalidity shall not affect any remaining parts.

The foregoing ordinance was introduced at the meeting of the City Council of the City of Livermore held on November 27, 2023, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

The ordinance was adopted at the regular meeting of the City Council held on ___________, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
________________________________

MAYOR, CITY OF LIVERMORE

ATTEST: APPROVED AS TO FORM:
/s/ Kimberly D. Cilley
Marie Weber Kimberly D. Cilley
Deputy City Manager/City Clerk Senior Assistant City Attorney 222

CITY COUNCIL STAFF REPORT
ITEM NO. 7.1

DATE:

November 27, 2023
TO:

Honorable Mayor and City Council
FROM:

Paul Spence, Community Development Director
SUBJECT:

Resolution accepting the Altamont Landfill Open Space Committee's recommendation to expend funds for a grant to allow the California Rangeland Trust in the amount of $145,810 for the purchase of a 120-acre conservation easement on a portion of the of the 160-acre Diranne Ranch (DC Ranch) located in Eastern Alameda County.

RECOMMENDED ACTION

Staff recommends the City Council adopt a resolution accepting the Altamont Landfill Open Space Committee's proposed expenditure of $145,810 of Altamont Open Space Funds for the purpose of funding the grant request of the California Rangeland Trust to purchase and manage a 120-acre conservation easement on the 160-acre Diranne Ranch (DC Ranch) located in Eastern Alameda County and finding the request is consistent with the Altamont Landfill Settlement Agreement.

SUMMARY
The Altamont Landfill Open Space Committee (Open Space Committee), on which the City of Livermore serves as a voting member, recommends funding a grant request from the California Rangeland Trust (Rangeland Trust) for the purpose of purchasing a conservation easement.

On September 15, 2023, the Open Space Committee voted to expend $145,810 of Altamont Landfill Open Space Funds to the California Rangeland Trust. Other funding has been secured by the Rangeland Trust from the Bureau of Reclamation for the conservation easement, however, the Bureau of Reclamation funds do not cover all project costs. The Open Space funds will cover the remainder of the cost of the conservation easement (see Attachment 4 for the full text of the grant application).

DISCUSSION
See Attachment 1 for Staff Analysis.

ATTACHMENTS

1. Staff Analysis
223

2. Location Maps

3. Resolution

4. Exhibit A to Resolution - California Rangeland Trust Grant Application

Prepared by: Jennifer Ackerman
Assistant Planner

Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
224
ITEM
Date:

To:

From:

Subject:

November 27, 2023
Honorable Mayor and City Council
Paul Spence, Community Development Director
Altamont Landfill Open Space Committee Recommendation to Expend Funds for a Grant to allow the California Rangeland Trust to complete the purchase of a Conservation easement on 120 acres of the 160-a cre Diranne Ranch (DC Ranch) located in Eastern Alameda County (APN 99A-2200-1-25).

BACKGROUND
Altamont Landfill Settlement Agreement Open Space Fund: In 1999, the lawsuit parties (Alameda County, Cities of Livermore and Pleasanton, Sierra Club, Northern California Recycling Association, Altamont Landowners Against Rural Mismanagement, and Waste Management of Alameda County) entered into a Settlement Agreement relating to the proposed expansion of the Altamont Landfill. Results of the Settlement Agreem ent include substantial reductions in the landfill expansion and waste imports, and a requirement for the operator to collect a $0.75 per ton fee for open space acquisition.

Funding allocations are recommended by the voting mem bers of the Altamont Landfill Open Space Committee (Open Space Committee). The City of Livermore, Alameda County, and the Sierra Club represent the voting members for the eastern ac quisition priority area which receives eighty percent of the open space account money. The City of Pleasanton, Alameda County
, and the Sierra Club represent the voting members for the western acquisition priority area that receives twenty percent of the Open Space Committee account money (see Figure 1).

ATTACHMENT 1
225
Several general acquisition priority areas have been identified in the wes tern and eastern portions of the Alameda County (County). As shown in Figure 2, the priority areas of the western portion of the County are Arroyo Mocho, Pleasanton Ridge, Dublin Hills. The eastern County priority list contains the Doolan Canyon Area, Springtown Alkali Sink, Tesla/ Corral Hollow, Cedar Mountain, Brushy Peak, Altamont Pass wildlife corridor. Dirrane Ranch (DC Ranch) is in the Tesla/Corral Hollow area.

Figure 1: Boundary of Eastern and Western Acquisition Priority Areas (DC Ranch approximate location is indicated by the red star).

ATTACHMENT 1
226
Vasco Road Landfill Open Space Fund: On May 4, 2006, the Alameda County Board of Supervisors upheld the County Planning Commission’s approval amending the Conditional Use Permit for the Vasco Road Landfill to continue landfill and recycling activities.

Consistent with the language in the Altamont Settlement Agreement, the approval requires the Vasco Road Landfill operator, Republic Services, Inc., to collect the same per-t on fees

for open space, recycling/diversion education, and host community impact, as the Altamont Landfill operator, Waste Management of Alameda County, Inc. Vasco Road Landfill Conditions of Approval require the collection and ex
penditures from the fee accounts to be
identical to the Altamont Landfill Settlement Agreement.

To date, the City Council has approved the Open Spac e Committee’s recommendations to distribute funds for 10 acquisitions in the eas tern acquisition priority area, as summarized in the table 1 below:

Table 1: Approved Acquisitions in the eastern acquisition priority area Cit
y Council
Date
Grant
Amount
Acres Acquisition Entity Location
February 25,
2008
$200,000 80 East Bay Regional
Park District
Adjacent to Del Valle
Regional
Park
(Newbury Property)
Figure 2: Map of Identified Priority Acquisition Areas
ATTACHMENT 1
227
July 13, 2009 $1,040,465 107 City of Livermore Doolan Road adjacent to UGB and City
B
oundary
September 27,
2010
$300,000 74 Tri-Valley
Conservancy
Bobba Property off
Arroyo Road near the
Veteran’s
Hospital
October 25,
2010
$2,000,000 633 East Bay Regional
Park District
Doolan Ranch
June 27, 2011 $1,000,000 65 East Bay Regional
Park District
Farber Property
October 28,
2013
$420,000 81 City of Livermore Doolan Road north of
City-owned properties
December 9,
2013
$500,000 79 East Bay Regional
Park
District
Eddie’s Flat between
Vasco and Lauglin
Road
October 27,
2017
$132,200 2 East Bay Regional
Park District
Gosselin Staging Area
and Trail Easement
into Doolan Canyon
P
reserve
December 10,
2018
$1,000,000 137 City of Livermore Doolan Road adjacent
to Dublin and in
proximity to Doolan
Ranch
January 29,
2019
$500,000 0 Tri-Valley
Conservancy
Shadow Cliffs to Del
Valle Trail Bridge
Total $7,092,665 1,258

DISCUSSION
The Open Space Committee holds regular meetings under the terms of the Settlement A
greement. Councilmember Carling is Livermore’s Open Space Committee representative.

A
s stated previously, the Settlement Agreement requires the Open Space Committee to es
tablish a priority list of future acquisition areas in Eastern Alameda County based upon the criteria below in the Settlement Agreement:

1. Properties with significant value for preservation of native biological diversity and/or w
ildlife, and

2. Properties having significant value for visual character and/or non-m otorized recreation.

ATTACHMENT 1
228
Additional criteria for acquisitions developed and utilized by the Open Space Committee includes strategic value in land protection, additional funding sources, and willing sellers.

Consistent with these additional criteria, previous acquisitions have provided biological/ r
ecreational linkage between open space properties and/or stabilized open space land use beyond the Urban Growth Boundary, partnered with other organizations for funding, and involved willing sellers.

P
er section 7.4.6.1, the Settlement Agreement allows for the priority list and allocation of funds proposed for the eastern area, by majority vote taken among the County, the City of Livermore, and the Sierra Club voting members.

During the Committee m eeting held on September 15, 2023, the voting members of the eastern acquisition priority area voted unanimously in favor of expending $14 5,810 to fund the California Rangeland Trust’s Grant Request for the Conservation Easement Acquisition Project, DC Ranch (conservation easement). The requested amount will complement the recently awarded Bureau of Reclamation’s Grant and complete the amount necessary for the purchase and administration of the conservation easement.

Strategic Value
Strategic value in land protection involves the following aspects: pr otecting property at risk of development, securing an urban growth boundary or an existing greenbelt, property that is contiguous to existing protected lands (or links protected lands), property that fits into a long- term strategic plan for land protection, and property that fits into a city’s land protection goals. The DC Ranch property is contiguous to existing open space such as Carnegie Park, which will be preserved in the future. The funding of a gr ant for a Conservation Easement on DC Ranch is consistent with the aspects of strategic v alue. Furthermore, DC Ranch supports the largest extant population of large-flowered fiddleneck (Amsinckia grandiflora) (AMGR), a federally and state endangered plant species, as well as additional special-s tatus plant and animal species such as California Tiger Salamander (F igures 3 and 4).

ATTACHMENT 1
229
Figure 3: Large-Flowered Fiddleneck on DC Ranch
Figure 4, California Tiger Salamander
ATTACHMENT 1
230
Additional Funding Sources
One of the Open Space Committee’s criteria for funding includes leveraging additional funding sources. Open Space Committee grant funds are requested to complement a recently awarded Bureau of Reclamation grant. That grant will cover most costs required to establish a conservation easement on DC Ranch. Although DC Ranch supports the largest extant population of AMGR, the value of the conservation easement is low, making it a c
hallenge for the property owner to enter into an agreement that is economically feasible.

Open Space Committee funds would be used to cover project costs that will not be covered by the Bureau of Reclamation grant and are typically covered by the landowner. The funding by the Open Space Committee would make the sale of the easement economically viable for the landowner as well as enable the protection of the conservation easement area lands in perpetuity. The Open Space Committee funds would be used to finance several operating c
osts as outlined in Table 1 of the California Rangeland Tr ust’s Grant Application in Attachment 4.

General Plan
Staff supports the funding request because it is consistent with the General Plan open space and conservation policies that are listed below:

Goal OSC-1: Conserve the value and function of Livermore’s open space as a biological resource.

Objective OSC-1.1: Maintain biodiversity within the Planning Area with special emphasis on species that are sensitive, rare, declining, unique, or represent valuable biological resources.

1.: Priority shall be given to land acquisition efforts that would result in the creation and expansion of linkages between existing protected natural resource areas .

P2.: The City shall support efforts to preserve and maintain Corral Hollow, important as the most northerly range of desert plants and animals, as open space.

OSC-1.2 P1.: Habitats of rare or endangered species shall be preserved.

OSC-1.4 P2.: The City shall encourage and cooperate with the County of Alameda to undertake a study to: (1) map the precise distribution of the rare and endangered species as to their number and sites; and (2) determine the sensitivity of these species to development, so that effective management programs can be developed.

ATTACHMENT 1
231
OSC-1.4 P.3.: The City shall encourage and cooperate with the County, EBRPD, L ARPD, and other agencies and organizations to establish a program to preserve representative examples of natural and near-natural landsc ape communities, such as the Springtown Alkali Sink, Brushy Peak, Corral Hollow, Cedar Mountain, and Sycamore Grove.

Based on consistency with General Plan policies above, staff recommends the Council accept the Open Space Committee’s proposed expenditure of $145,810 to the California Rangeland Trust to fund the grant request.

FISCAL AND ADMINISTRATIVE IMPACTS
If the City Council accepts the Open Space Committee’s recommendation, the balance in the Altamont Landfill Settlement Open Space Fund for East Acquisition Priority A rea expenditures would be reduced by $145,810 to cover the proposed grant request. The current balance of the East Acquisition Priority Area fund is approximately $20 million.

Funding this grant request would have no impact on the City’s General Fund other than the allocation of staff time to prepare this report to the City Council. The City will have no further role after the Funding Concurrence has been made. Alameda County will administer the grant agreement with the California Rangeland Trust.

COMMUNITY PILLAR
3: Environmental Stewardship
GOAL
1: L
ead Efforts to Implement the Updated Climate Action Plan in Collaboration with Internal and External Partners
ATTACHMENT 1
232
ATTACHMENT 2
233
ATTACHMENT 2
234
ATTACHMENT 2
235
RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION ACCEPTING THE ALTAMONT LANDFILL OPEN SPACE COMMITTEE’S RECOMMENDATION TO EXPEND FUNDS FOR THE CALIFORNIA RANGELAND TRUST’S GRANT REQUEST IN THE AMOUNT OF $145,810 FOR THE PURCHASE OF A 120-ACRE CONSERVATION EASEMENT
ON A PORTION OF THE 160-ACRE DIRANNE RANCH (DC RANCH)

IN EASTERN ALAMEDA COUNTY
(APN 99A-2200-1-25)
The City of Livermore’s General Plan includes goals for long-term preservation of open space, including low-intensity agriculture, habitat protection, watershed management, and recreational uses.

In 1996, Alameda County certified an Environmental Impact Report and approved a conditional use permit for expansion of the Altamont Landfill by Waste Management of Alameda County, Inc., resulting in litigation.

In 1999, the lawsuit parties (Alameda County, the cities of Livermore and Pleasanton, the Sierra Club, Northern California Recycling Association, Altamont Landowners Against Rural Mismanagement, and Waste Management of Alameda County, Inc.) entered into a settlement agreement relating to the proposed expansion of the Altamont Landfill (“Settlement Agreement”).

The Settlement Agreement provides for collection of a fee allocated to an Open Space Account for expenditure on open space acquisitions in fee or permanent easement. The Settlement Agreement required Alameda County to convene an advisory committee comprised of four members as follows: one member appointed by Alameda County, one member appointed by the City of Livermore, one member appointed by the City of Pleasanton, and one member appointed by the Sierra Club (“Open Space Committee”).

The Settlement Agreement establishes criteria that limit the use the funds in the Open Space Account to open space acquisition including properties having significant value for preservation of native biological diversity and/or wildlife, and properties having significant value for visual character, and/or non-motorized recreation. The Open Space Committee has developed and utilized additional criteria for the use of the funds, including strategic value in land protection, additional funding sources, and willing sellers.

The Settlement Agreement assigns the Open Space Committee the responsibility to make recommendations on priority lists and allocations for the expenditure of the Open Space Account funds, and then requires the County and the respective city (depending upon the acquisition area) to determine whether the Open Space Committee’s recommendation is consistent with the Settlement Agreement and the Open Space Committee’s priorities. The City of Livermore, Alameda County, and the Sierra Club represent the voting members of the Open Space Committee for acquisitions in the eastern acquisition priority area that receives 80% of the Open Space Account funds. The City of Pleasanton, Alameda County, and the Sierra Club represent the voting members of the Open Space Committee for acquisitions in the western acquisition priority area that receives 20% of the Open Space Account funds.

On September 15, 2023, the Open Space Committee considered the California Rangeland Trust’s request for a grant, a copy of which is attached hereto as Exhibit A, in the amount of $145,810 to help fund the Conservation Easement Acquisition Project, Diranne Ranch (DC Ranch) 236
RESOLUTION NO. ________
(Conservation Easement). The proposed Conservation Easement is located within the eastern acquisition priority area. The requested expenditure will complement the recently awarded Bureau of Reclamation’s Grant and complete the amount necessary for the purchase and administration of the Conservation Easement.

The Open Space Committee recommended expending $145,810 from the Open Space fund for a grant to the California Rangeland Trust for acquisition of the proposed Conservation Easement and recommended the Livermore City Council and the Alameda County Board of Supervisors determine that the expenditure is consistent with the Settlement Agreement and the Open Space Committee’s priorities. The Open Space Committee also designated the California Rangeland Trust as the entity responsible for carrying out the acquisition and Alameda County is responsible for awarding the funds to the California Rangeland Trust via a grant agreement.

If approved, the expenditure would be awarded though a grant agreement to the California Rangeland Trust for the acquisition.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that based upon its own independent review of the entire record, it hereby determines that the Open Space Committee’s recommended expenditure of Open Space Account funds, and their expenditure for the acquisition of the Conservation Easement, is not a project under the California Environmental Quality Control Act (CEQA) and CEQA Guidelines section 15738, because an approval of the expenditure of funds would not approve a physical development project, would not physically change the environment, and would help preserve natural habitat. Therefore, no environmental review is required.

BE IT FUTHER RESOLVED by the City Council of the City of Livermore, that based upon its own independent review of the entire record, it hereby finds the Open Space Committee’s recommendation for the expenditure of $145,810 of Altamont Open Space Funds to fund the grant request by the California Rangeland Trust to purchase and manage the Conservation Easement, is consistent with the Livermore General Plan and the priorities set by the Settlement Agreement and the Open Space Committee.

On motion of Council Member ____________________, seconded by Council Member ____________________, the foregoing resolution was passed and adopted on November 27, 2023, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Jason Alcala
Marie Weber Jason Alcala
Deputy City Manager/City Clerk City Attorney
Exhibit A – California Rangeland Trust DC Ranch Conservation Easement Application for Grant Funding
237

DC RANCH CONSERVATION EASEMENT

ALAMEDA COUNTY, CALIFORNIA
120 Acres

APPLICATION FOR GRANT FUNDING

ALAMEDA COUNTY ALTAMONT LANDFILL

OPEN SPACE FUND (ALOSF)
August 2023
California Rangeland Trust
3900 Lennane Drive, Suite 210
Sacramento, CA 95834
(916) 444-2096
www.rangelandtrust.org

EXHIBIT A
238

TABLE OF CONTENTS

APPLICATION FOR GRANT FUNDING

ALAMEDA COUNTY ALTAMONT LANDFILL OPEN SPACE FUND (ALOSF) GRANTEE INFORMATION......................................................................................................1 LANDOWNER INFORMATION................................................................................................2 PROJECT INFORMATION...................................................................................................... 2 PROJECT DESCRIPTION...................................................................................................... 3 Project Introduction............................................................................................................ 3 Project Background............................................................................................................4 Project Objectives.............................................................................................................. 4 Project Budget................................................................................................................... 4 Project Methods................................................................................................................. 5 ALOSF FUNDING CRITERIA.................................................................................................. 6

1. Significant Native Biodiversity Value..............................................................................6

2. Significant Visual and/or Non-motorized Recreational Value.........................................6

3. Strategic Value in Land Protection.................................................................................6

4. Additional Funding Sources........................................................................................... 7

5. Willing Sellers................................................................................................................ 7

6. Conservation Easement Management...........................................................................7

7. Conservation Easement Monitoring...............................................................................7 TABLES
T able 1: DC Ranch Project Budget Worksheet........................................................................ 8 T able 2: Stewardship Endowment Fund Budget Worksheet....................................................9

APPENDICES
Appendix A. Landowner Letter of Support......................................................................... A1-2 Appendix B. Map Figures...................................................................................................B1-4 Figure 1. Vicinity Map
Figure 2. Dirrane Ranch Site Map
FIgure 3. CNDDB Map
Appendix C: Representative Site Photographs..................................................................C1-4 Appendix D: CRT Standard Agricultural Conservation Easement Agreement................ D1-31

EXHIBIT A
239

APPLICATION FOR GRANT FUNDING
Alameda County Altamont Landfill Open Space Fund

GRANTEE INFORMATION
Name of Applicant Requesting Funding (Project Sponsor): California Rangeland Trust Project Manager or Contact Person: Nancy Schaefer (cc: Jackie Flatt) Mailing Address: 3900 Lennane Drive, Suite 210
Sacramento, CA 95834
Telephone Number: Nancy (925) 890-4800, Jackie (916) 444-2096 E-mail Address: [email protected], [email protected] Is the Applicant a Non-profit or 501(c)(3) organization:

Yes
No
Federal Tax Identification Number: 31-1631453

LANDOWNER INFORMATION
Name of Landowner: Jeannine Dirrane
Mailing Address: 16980 T esla Rd.

Livermore, CA 94550
Telephone Number: (925) 301-5769 Fax Number: N/A
E-mail Address: [email protected]

PROJECT INFORMATION
Project Title: DC Ranch
Project Location: The proposed project is within the 160-acre Dirrane (DC) Ranch, located at 16980 T esla Rd, Livermore, CA 94550, in the unincorporated area of eastern Alameda County; 10 miles east of Tracy and 11.5 miles west of Livermore (Figures 1 and 2). The proposed conservation easement would be approximately 120 acres. Full-color maps of the Ranch are provided in Appendix A (Figures 1 and 2). Representative site photographs of the Ranch are provided in Appendix C.

Jurisdiction in which property is located : City of Livermore; County of Alameda; State of California

EXHIBIT A
240
Land use designation and zoning applicable to the property: Use Code 5500: RURAL PROPERTY USED FOR AGRICULTURE AND/OR COMMERCIAL 10+ ACRE Funding Requested: $145,810.50
Total Project Cost (including in-kind contributions): $333,032.75 Itemized Expenses Requested Funding (ALOSF) Funded by Another (BOR) $0 $180,0001. Selling Price

2. Transaction Costs $145,810.50 $44,086
Please Note: A Project Budget Worksheet may be found on page 8 of this application.

Proposed funding date: June 1, 2026; upon closing, ALOSF funds will be requested to an escrow account held by a title insurance company.

Estimated completion of the project: July 31, 2026
Is the property currently under a Williamson Act contract? Yes
No
If yes, has a notice of non-renewal been filed?
Yes
No
If yes, when does the contract expire? N/A
Are
there other easements or deed restrictions on the property (e.g., conservation easements, access roads, utility lines, pipelines, etc.)? Are other easements currently being negotiated?
Yes
No
Who will hold fee title to the land or hold the easement? California Rangeland Trust (CRT) will hold the easement.

Is
that entity aware of this project? Yes, CRT is the applicant.

If yes, provide name and contact information of the appropriate representative:
same as listed above
Signature of Applicant: Date:
09/01/2023

EXHIBIT A
241

PROJECT DESCRIPTION
Thoroughly describe the full project and clearly indicate which portions are proposed for ALOSC funding.

Project Introduction
The California Rangeland Trust (‘CRT’), a non-profit public benefit land trust, and Vollmar Natural Lands Consulting, Inc. (‘VNLC’), an environmental consulting company, are working in partnership with Jeannine Dirrane (‘Landowner’) to place a conservation easement on DC Ranch (‘Ranch’). DC Ranch is a 160-acre privately owned and working cattle ranch located near the eastern border of Alameda County on the eastern slopes of the Diablo Range (Figures 1 and 2). VNLC was recently awarded a CVPCP/HRP grant from the Bureau of Reclamation (BOR) to purchase a 120-acre deeded or permanent conservation easement on Dirrane Ranch; however, BOR funds do not cover all project costs, particularly those associated with conservation easement services and long-term easement monitoring and enforcement activities.

Altamont Landfill Open Space Fund (ALOSF) awards are requested to co-fund the BOR project, so that the establishment of a conservation easement on the Ranch is possible and economically feasible for the Landowner. The establishment of a conservation easement on the Ranch provides the opportunity for both the continued protection, monitoring, and management of rangeland habitat known to support the largest known population of the federally and state endangered large-flowered fiddleneck (Amsinckia grandiflora) (‘AMGR’), one of the most rare and endangered plant species in California, as well as additional special-status plant and animal species known to exist on the Ranch and contiguous (i.e. adjacent) protected lands (e.g.

Lawrence Livermore National Laboratory (‘LLNL’) Site 300) (Figure 3).

Project Background
T o-date, the Ranch supports the largest extant population of large-flowered fiddleneck (Amsinckia grandiflora) (‘AMGR’). As part of a Central Valley Project Conservation Program (CVPCP) grant entitled, “Captive Propagation and Reintroduction of Large-flowered Fiddleneck (Amsinckia grandiflora) on Suitable Sites in Contra Costa, Alameda, and San Joaquin Counties, California”, AMGR populations were reintroduced to 10 sites within Alameda, Contra Costa, and San Joaquin counties. The AMGR reintroduction project aimed to establish large self-sustaining populations of approximately 2,000 to 3,000 AMGR plants at as many reintroduction sites as possible. DC Ranch was one of ten sites chosen through the use of modeling software developed to identify suitable microclimates within the historical range of AMGR in the eastern Diablo Range. DC Ranch provides an optimal environment for successful recurring annual generations of AMGR, as the steep north-facing slopes on the north-end of the proposed easement provide the absolute shade required of the AGMR throughout the plant's entire vegetative state, until the reproductive (i.e flowering) stage is triggered upon the emergence of a gentle late-winter and early-spring sun. As of 2021, at the conclusion of the reintroduction grant, the AMGR population within DC Ranch totalled approximately 20,000 plants, making it the largest and most successful reintroduced population known to exist (Schweitzer 2021). That same year, the only known natural occurrence of the AMGR consisted of approximately 6,500 plants at the Contra Costa Water District’s (‘CCWD’) Etchelet Property—a second natural

EXHIBIT A
242
population was confirmed in 2022 by VNLC at Black Diamond Mines Regional Preserve, consisting of approximately 200 plants. The Landowner has since contracted the installation of fencing around the AMGR population, so that cattle grazing can be effectively managed about the AMGR population to ensure its long-term success.

Project Objectives
● Establish a 120-acre deeded conservation easement on DC Ranch; ● Monitor and enforce the conservation easement agreement in perpetuity; Vollmar Natural Lands Consulting, Inc. (VNLC) and the California Rangeland Trust (CRT) will work closely alongside the Landowner to establish a deeded conservation easement on the Ranch that will protect the open space rangeland habitat characteristics of the Ranch as well as the AMGR and other rare species populations therein in perpetuity. These objectives will ensure that the successfully reintroduced AMGR populations on the Ranch are permanently conserved and appropriately managed within the context of the active ranching operations.

Project Budget
There is an economy of scale challenge when it comes to conservation easements. If a conservation easement commands a relatively large value or sales price, then the landowners will net sufficient funds from the sale, even after all project costs are subtracted from the total sales revenues. But if a conservation easement value is relatively low, as is the case with DC Ranch, then the landowner is left without sufficient funds once all the project costs are accounted for. In other words, if a conservation easement is relatively low-value, then the project costs will command a much greater percentage of the total easement sale proceeds, leaving the easement transaction economically unviable for the landowner.

Let's use the proposed DC Ranch conservation easement as an example. The proposed conservation easement on DC Ranch is 120 acres. When referencing the “2023 TRENDS in Agricultural Land and Lease Values” publication and assuming a 50% conservation easement value, we estimate the per acre value of the proposed easement to be $1,500/acre.; resulting in a total conservation easement value of $180,000. The total costs associated with the conservation easement project are $153,032.75, meaning that the Landowner could net an estimated $26,967.25 from the sale of the easement. However, there is a significant possibility that a certified appraiser determines the per acre value of the easement to be less than $1,500/acre (e.g. a 40% CE value would derive a $1,200/acre easement value and total conservation easement value of $144,000), which could incur a net negative return to the Landowner should they move forward with the transaction.

ALOSF grant funds are requested to complement or co-fund a recently awarded Bureau of Reclamation (BOR) grant entitled, “Large-flowered Fiddleneck (Amsinckia grandiflora) Conservation Easement Acquisition Project, Dirrane Ranch”. The BOR grant will cover the majority of costs required to establish a conservation easement on DC Ranch. Because the value of the proposed DC Ranch conservation easement is low, ALOSF funds would be used to cover project costs that will not be covered by the BOR grant and are typically covered by the

EXHIBIT A
243
landowners using easement sale proceeds. By funding these necessary project costs associated with the establishment of any conservation easement, ALOSF would make the sale of the easement economically viable for the Landowner as well as enable the protection of the easement area lands in perpetuity. Should the ALOSF award funds towards the project, said funds would be used to fiance the following: Stewardship Endowment Fund (i.e. easement monitoring in perpetuity); Legal Defense Fund (i.e. easement legal defense in perpetuity); a Mineral Remoteness Assessment (MRA) (if required); CRT staff and outside legal counsel efforts; A-133 Federal Audit (if required); transaction fees; travel and misc. expenses (e.g. on-site project signage). A copy of this budget, entitled: “T able 1. DC Ranch Project Budget Worksheet”, can be found as Table 1 on page 8 of this application. A copy of a budget worksheet used to calculate the Stewardship Endowment Fund cost may be found as Table 2 on page 9 of this application with the heading, “T able 2. Stewardship Endowment Fund Budget Worksheet”.

Project Methods
The process for establishing the conservation easement is described below.

The prospective easement holder, CRT , will conduct a review of a Preliminary Title Report. The terms of the easement and monitoring protocols will be negotiated between the easement holder, Landowner, and funding agencies. Upon notification of awarded funds, a certified appraiser will be contracted to determine the fair market value of the conservation easement.

Grant agreements will be executed. The Baseline Conditions Report, Phase I Environmental Site Assessment, conservation easement agreement, and other documents will be prepared.

Once all conditions of closing are met, a request for funds will be made. Closing on the acquisition of the conservation easement will be accomplished through escrow with a title insurance company.

ALOSF FUNDING CRITERIA

1. Significant Native Biodiversity Value
In addition to supporting the largest documented extant population of large-flowered fiddleneck (Amsinckia grandiflora) (‘AMGR’), the Ranch is known to support additional rare species, including big tarplant (Blepharizonia plumosa – California Rare Plant Rank of 1B.1), California tiger salamander (Ambystoma californiense – federally and state threatened), western spadefoot (Spea hammondii - California Species of Special Concern), and pallid bat (Antrozous pallidus – California Species of Special Concern). Additional special-status species that are in the immediate vicinity include San Joaquin kit fox (Vulpes macrotis mutica), American badger (T axidea taxus), and San Joaquin coachwhip (Coluber flagellum ruddocki). Finally, the Ranch encompasses designated critical habitat for California red-legged frog (Rana draytonii) and Alameda whipsnake (Masticophis lateralis euryxanthus) (Figure 3).

These special-status species as well as the natural habitats upon which they depend are threatened by the encroaching “Tracy Hills” housing development at the eastern edge of Carnegie Canyon, just down the road from the Ranch. Additionally, a conservation easement on

EXHIBIT A
244
DC Ranch would expand the natural habitat continuity of these special-status species, as DC Ranch is contiguous with the approximately 7,000-acre Lawrence Livermore National Laboratory (‘LLNL’) Site 300, which is known to support AMGR (as a reintroduced population) as well as multiple other special-status plant and animal species.

2. Significant Visual and/or Non-motorized Recreational Value DC Ranch is located in the scenic Corral Hollow on the eastern slopes of the Diablo Range.

The Ranch is adjacent to the California Department of Parks and Recreation Carnegie State Vehicular Recreation Area (SVRA); the establishment of a 120-acre Conservation Easement on DC Ranch will protect the scenic landscape and special-status species habitat therein.

3. Strategic Value in Land Protection
The proposed conservation easement on DC Ranch would protect in perpetuity one of few existing microclimates able to support large and self-sustaining AMGR populations. Conserving the Ranch provides additional benefits by virtue of being immediately adjacent to or contiguous with several protected habitat areas, including the approximately 7,000-acre Lawrence Livermore National Laboratory (‘LLNL’) Site 300, which encompasses an extant reintroduced AMGR population and two extirpated AMGR natural populations as well as many other rare plants and animals (Figure 3). Additionally, the Ranch is adjacent to public open space owned by the California Department of Parks and Recreation, in the form of the Carnegie SVRA, and an associated open space park that is currently proposed and adjacent to the SVRA (Figures 1 and 2). Only one of two extant natural populations of AMGR occurs on the Contra Costa Water District’s (CCWD) Etchelet property, which is also in Carnegie Canyon (Figure 1). The proposed conservation easement on the Dirrane Ranch will contribute to the larger goal of AMGR recovery, contributing to the creation of a network of conserved and reintroduced AMGR populations in the region as well as permanently protect the unique rangeland habitat that is home to a diversity of special-status species endemic to the region.

4. Additional Funding Sources
The BOR has awarded the majority of grant funds (i.e. $224,086) that will be required to complete the DC Ranch conservation easement project. The BOR grant will fund: an appraisal; the easement purchase at the appraised value of the conservation easement; the Baseline Conditions Report (BCR); a Phase I Environmental Site Assessment; Title & Escrow Closing Costs; VNLC staff hours and travel.

5. Willing Sellers
The Landowner, Jeannine Dirrane, supports the project and is willing to sell a conservation easement on at least a 120-acre portion of the Ranch. A letter of support detailing these sentiments was provided by Jeannine Dirrane, and it can be found in the appendices section of this ALOSF grant application as Appendix A.

EXHIBIT A
245

6. Conservation Easement Management
The long-term management and maintenance of protected lands are critical for achieving the intended benefits of the conservation easement and AGMR populations. A long-term management plan for the Ranch will be developed and implemented by VNLC. The management plan will address grazing, recreation and other human uses, invasive plant and animal species, management for AMGR populations, and management of water resources. The development of this long-term management plan is funded through the BOR grant. Additionally, the Landowner is expected to oversee day-to-day management of the rangeland habitat conducive with an agricultural operation.

7. Conservation Easement Monitoring
Prior to the acquisition of the conservation easement, a Baseline Conditions Report will be prepared to document the existing conditions on the Ranch, including all improvements, structures, fencing, water facilities, and the agricultural and natural resources within the Ranch.

The Baseline Conditions Report is funded through the BOR grant, and it will serve as a reference point for all future easement monitoring activities. Monitoring activities will allow the easement holder, CRT , to uphold the intended purposes of the easement. A monitoring plan will be specifically designed and agreed to by the Landowner and the easement holder, along with input from the funding agencies; though, it will typically grant the easement holder the right to to enter upon, inspect, observe, monitor and evaluate the easement area to identify the current condition of, and uses and practices on, the easement area and to determine whether the condition, uses, and practices are consistent with this easement agreement. CRT will conduct annual monitoring, any additional monitoring as circumstances may require, record keeping, and enforcement of the easement to preserve the easement area’s agricultural productive capacity and open-space character in perpetuity. CRT will use any funds awarded by the ALOSF to establish a Stewardship Endowment and Easement Defense Fund, which will fund, at minimum, annual easement area monitoring and recordkeeping activities as well as easement legal contests in perpetuity, respectively. A copy of CRT’s Standard Agricultural Conservation Easement agreement can be found in the appendices section as Appendix D.

The AMGR population monitoring methods described below will be included in the Management Plan. AMGR population census and plant vigor statistics will be collected and analyzed for the DC Ranch reintroduction site each year. Because it has been demonstrated that AMGR populations vary substantially from year to year as a result of natural factors, it is important to compare reintroduced populations to the natural population. The monitoring methods will be similar to those employed for Phase 2 of the AMGR reintroduction project. This approach involves quantifying the reintroduced AMGR population and assessing population vigor and overall habitat conditions. The nearby natural population at the Contra Costa Water District’s (‘CCWD’) Etchelet population will also be monitored as part of the project, for the purposes of comparing the natural population and habitat conditions to those of the reintroduced site within the Ranch during each year. Other reintroduced populations would also be monitored. All species-specific monitoring activities conducted by VNLC will be funded through the BOR award.

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Table 1. DC Ranch Project Budget Worksheet
BUDGET ITEM DESCRIPTION $/UNIT QUANTITY BOR FUNDING ALOSF FUNDING PROJECT TOTALS COMMENTS

1. SALARIES AND WAGES
Jake Schweitzer (Senior Botanist) $125/hr 70 8,750.00$ -$ Roxanne Foss (Senior Ecologist) $125/hr 30 3,750.00$ -$ Staff Ecologist(s) $90/hr 70 6,300.00$ -$
Land Transaction Specialist $90
/hr 80 -$ 7,200.00$
Jackie Flatt (Conservation Director) (Legal Counsel) $225/hr 12.5 -$ 2,812.50$ Al Jahns (Outside Legal Counsel) $435/hr 25 -$ 10,875.00$ TOTAL 287.5 $18,800 $20,887.50 $39,687.50

2. TRAVEL
Travel to site (3 trips) $0.655/mile 326 286.00$ -$ Travel to site (3 trips) $0.655/mile 546 -$ 358.00$
TOTAL 872 286.00$ 358.00$ 644.00$

3. SUPPLIES AND MATERIALS
Project Signage $300/sign 1 -$ 300.00$ 300.00$

4. EASEMENT MONITORING
Stewardship Endowment Fund $59,300/endowment fund 1 -$ 59,300.00$ Estimate, updated following Baseline Conditions Report
Easement Defense Fund $10,000/defense fund 1 -$ 10,000.00$ Greater of 0.5% easement value or $10,000 (paid in escrow)
TOTAL 2 -$ 69,300.00$ 69,300.00$

5. CONSERVATION SERVICE COSTS
Appraisal $10,000/appraisal 2 12,000.00$ 8,000.00$ Baseline Conditions Report (BCR) $6,500/BCR 1 -$ -$
Phase 1 Environmental Site Assessment (ESA) $5,500/ESA 1 5,000.00$ 500.00$ Title & Escrow Closing Costs $8,000/title & escrow 1 8,000.00$ -$ Mineral Remoteness Assessment (MRA) (if required) $2,000/MRA 1 -$ 2,000.00$ Estimate, Landowner not sure if they own mineral rights
CRT Administration N/A N/A -$ 7,965.00$ Estimated as 15% of total conservation service costs
A-133 Federal Audit (if required) $1,500/Audit 1 -$ 1, 500.00$ Capacity Contribution $25,000/Transaction 1 -$ 35,000.00$ Greater of 2.0% easement value or $35,000 (paid in escrow)
TOTAL 7 25,000.00$ 54,965.00$ 79,965.00$

6. CONSERVATION EASEMENT SALE
Conservation Easement Sale $1,500/acre 120 180,000.00$ -$ 180,000.00$ TOTAL PROJECT COSTS 224,086.00$ 145,810.50$ 369,896.50$

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DC Ranch 5-Feb-20
120.00 Acres Revision #1: mm/dd/yy
STEWARDSHIP ENDOWMENT Revision #2: mm/dd/yy
CONFIDENTIAL Revision #3: mm/dd/yy
DRAFT Final: mm/dd/yy
Calendar: 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10 Total Average 486.00$ 486.00$ 486.00$ 486.00$ 486.00$ 486.00$ 486.00$ 486.00$ 486.00$ 486.00$ 4,860.00$ 486. 00$ 180.00$ 90.00$ 90.00$ 90.00$ 90.00$ 90.00$ 90.00$ 90.00$ 90.00$ 90.00$ 990.00$ 99.00$

90.00$ 90.00$ 90.00$ 90.00$ 90.00$ 90.00$ 90.00$ 90.00$ 90.00$ 90.00$ 900.00$ 90.00$

90.00$ 90.00$ 90.00$ 90.00$ 90.00$ 90.00$ 90.00$ 90.00$ 90.00$ 90.00$ 900.00$ 90.00$ 225.00$ 225.00$ 225.00$ 225.00$ 225.00$ 225.00$ 225.00$ 225.00$ 225.00$ 225.00$ 2,250.00$ 225. 00$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$

20.00$ 20.00$ 20.00$ 20.00$ 20.00$ 20.00$ 20.00$ 20.00$ 20.00$ 20.00$ 200.00$ 20.00$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$
119.21$ 119.21$ 119.21$ 119.21$ 119.21$ 119.21$ 119.21$ 119.21$ 119.21$ 119.21$ 1,192.10$ 119. 21$

18.00$ 18.00$ 18.00$ 18.00$ 18.00$ 18.00$ 18.00$ 18.00$ 18.00$ 18.00$ 180.00$ 18.00$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 300.00$ 300.00$ 30.00$ 150.00$ 150.00$ 150.00$ 150.00$ 150.00$ 150.00$ 150.00$ 150.00$ 150.00$ 150.00$ 1,500.00$ 150. 00$

50.00$ 50.00$ 50.00$ 50.00$ 50.00$ 50.00$ 50.00$ 50.00$ 50.00$ 50.00$ 500.00$ 50.00$ 1,428.21$ 1,338.21$ 1,338.21$ 1,338.21$ 1,338.21$ 1,338.21$ 1,338.21$ 1,338.21$ 1,338.21$ 1,638.21$ 13,772.10$ 1,377.21$ Contingency Costs 10.00% 142.82$ 133.82$ 133.82$ 133.82$ 133.82$ 133.82$ 133.82$ 133.82$ 133.82$ 163.82$ 1,377.21$ 137. 72$ 1,571.03$ 1,472.03$ 1,472.03$ 1,472.03$ 1,472.03$ 1,472.03$ 1,472.03$ 1,472.03$ 1,472.03$ 1,802.03$ 15,149.31$ 1,514.93$ General & Administrative Costs 24.00% 377.05$ 353.29$ 353.29$ 353.29$ 353.29$ 353.29$ 353.29$ 353.29$ 353.29$ 432.49$ 3,635.83$ 363. 58$ 1,948.08$ 1,825.32$ 1,825.32$ 1,825.32$ 1,825.32$ 1,825.32$ 1,825.32$ 1,825.32$ 1,825.32$ 2,234.52$ 18,785.14$ 1,878.51$ Endowment 3.50% 53,671.84$
5,598.72$

29.44$
59,300.00$
Hrs Prep Hrs Site Visit Hrs RT Travel Break Hrs Total Hrs $/Hr Total $

1.00 1.50 2.90 0.00 5.40 90.00$ 486.00$
1 $/Hr Overtime: 135.00$ -$ Break Period: 15 minutes Every: 2 hours Yr 1 Hrs Yrs 2+ Hrs $/Hr Total $ Yr 1 Total $ Yrs 2+

2.00 1.00 90.00$ 180.00$ 90.00$
0 0 1 $/Hr Total $
1 Page Report Public Summary Full Report

0.50 2.00 1.00 90.00$ 90.00$
Hrs $/Hr

1.00 90.00$ 90.00$
Hrs Mgmt $/Hr Total $

1.00 225.00$ 225.00$
Yr 1: $0.00 Yr 2: $0.00 Yr 3: $0.00 Yr 4: $0.00 Yr 5: $0.00 10-Yr Total $ Yr 6: $0.00 Yr 7: $0.00 Yr 8: $0.00 Yr 9: $0.00 Yr 10: $0.00 -$ Visit Yr 1 Visit Yrs 2+ Total $ Yr 1 Total $ Yrs 2+

20.00$ 20.00$ 20.00$ 20.00$
Total $
-$
RT Miles $/Mile Total $
182.0 0.655$ 119.21$
Quantity: 0 1 0 0 0 Total $
GSA Region $/Breakfast $/Lunch $/Dinner $/Incidental $/Day Lodging 18.00$ Alameda 17.00$ 18.00$ 34.00$ 5.00$ 215.46$
Total $
300.00$
150.00$

50.00$
Endowment (3.50%) The endowment is calculated on the amount that an investment will yield to produce interest equal to the average cost of annual monitoring over 10 years, net of inflation (6.8% return - 3.3% inflation = 3.5%).

Three Years Start Up This is payment in advance for the first three years of monitoring to give the endowment a chance to generate a full year's income in these years where recent historical returns have been well below the anticipated 6.8% future return rate.

Terrafirma The annual project premium to keep a project enrolled in the risk pool = $50.

Administrative Costs (24.00%) The nationwide standard recommended by Center for Natural Lands Management under their system known as Property Analysis Record (PAR) is to calculate administrative costs at 24% of the annual total cost including the contingency.

Contingency Costs (10.00%) This includes occasional deployment of specialized expertise and other unforeseen expenses to occur approximately once every 10 – 20 years.

Mileage Round trip (RT) mileage from CRT office to the site at the federal 2020 IRS mileage rate (https://www.irs.gov/newsroom/irs-issues-standard-mileage-rates-for-2020).

Travel Expenses
Regional per diem (PD) components from the federal 2020 GSA PD rates for California (https://www.gsa.gov/travel/plan-book/per-diem-rates). Lodging includes hotel tax.

Meal PD includes tip. Incidental = fees & tips given to porters, baggage carriers and hotel staff.

Insurance Costs The variable cost to add a property to our insurance policy = $150 per project. 24"x36" one-sided
Size, Type & BaseReplace Project Sign ImageLOC sign; choose size, single or double sided & with or without powder coated aluminum alloy base (10-yr warranty).

Office Supplies, Printing None, electronic submission of annual monitoring report to landowner and agencies and electronic storage of report at CRT in cloud on Landscape and on server.

Labor - Management & Review Time & rate to manage project & review stewardship monitoring and funding agency reports. Time for annual stewardship allocation & audit.

Labor - Funding Agency Report Preparation
Hours:

Summary Report with Biology

4.00 Labor - Communications & Administration Time & rate for emails, letters, archiving, filing, etc.

Labor - Subcontracted Specialty Labor
(change gray highlighted cells)
Time & rate for annual site visit, including 1.00 hour for site visit preparation, 1.50 hours for the site visit, 2.90 hours for round-trip (RT) travel and 0.00 hours for break periods during driving. # Trips/Yr:

Time & rate to prepare funding agency reports. No agency reports if CE is a donation. Choose the type(s) of agency report; NRCS & DOC = 1 page summary report, Pre-2008 WCB = public summary, Lazy K = summary with biology, Post-2008 WCB = complete monitoring report.

Field Materials
Two iPads & power bank ($8/year assuming 3-year lifespan), camera and GPS unit as backup, photo location markers, note cards and pads, maps, etc.

Quantity: 0
Labor – Site Visit
Three Year Start-up

TOTAL ENDOWMENT
Budget Assumptions and Explanation:

Round Up to Nearest $100
Original:

Total Costs
Contingency Costs
Replace Project Sign
Labor - Subcontractor
Labor - Management & Review
Labor - Communication & Administration
Subtotal Monitoring Costs with Contingency
Administrative Costs
Table 2. Stewardship Endowment Fund Budget Worksheet
Explain scope &
frequency:

Subtotal Annual Monitoring Costs
Annual Monitoring Costs
Labor - Site Visit
Labor - CRT Stewardship Report Preparation
Labor - Funding Agency Report Preparation
Field Materials
Office Supplies, Printing
Mileage
Travel Expenses
Insurance - General Liability
Insurance - Terrafirma
Labor – CRT Stewardship Monitoring Report Preparation Time & rate to prepare annual stewardship monitoring report.

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APPENDIX A
Landowner Letter of Support

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APPENDIX B
Map Figures

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APPENDIX C
Representative Site Photographs

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Photo 1: D
irrane Ranch reintroduction site prior to AMGR reintroduction in 2015 Photo 2: Weed
whipping at Dirrane Ranch during AMGR reintroduction project, March 2018

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Photo 3: R
epresentative monitoring photograph, Dirrane Ranch reintroduction site Photo 4: S
ite overview photograph, Dirrane Ranch reintroduction site

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Photo 5:

California tiger salamander documented on the Ranch by the Landowner

Photo 6: Representative photograph of grazing cattle on the Ranch

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APPENDIX A
Landowner Letter of Support

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APPENDI
X D
Standard Agricultural Conservation Easement Agreement

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Recording requested by
and when recorded mail to:

CALIFORNIA RANGELAND TRUST
3900 Lennane Drive, Suite 210
Sacramento, CA 95834
Note: California Rangeland Trust’s Easement
Template is not a one size fits all document.

Certain terms are negotiable. We strongly
encourage open dialogue on all Easement terms as
well as recommend you to seek legal counsel early
in the Easement drafting process.

Space above this line for Recorder’s use.

APNs:

DEED OF AGRICULTURAL CONSERVATION EASEMENT

AND VOLUNTARY AGREEMENT CREATING ENFORCEABLE RESTRICTIONS

IN PERPETUITY
This Deed of Agricultural Conservation Easement and Voluntary Agreement Creating Enforceable Restrictions in Perpetuity (“Easement”) is granted as of the Effective Date (as defined in Section 43 hereof) by _______________________________ (“ Landowner”), to the CALIFORNIA RANGELAND TRUST, a California nonprofit public benefit corporation (“Rangeland Trust”). Landowner and Rangeland Trust are each referred to herein, individually, as a “Party” and, collectively, as the “Parties.”
Recitals
A. Landowner is the sole owner in fee simple of certain real property consisting of approximately __________ acres, located in _______________ County, California, as further described in Exhibit A attached hereto and incorporated herein by reference (“Easement Area”) and depicted in Exhibit B attached hereto and incorporated herein by reference (“Easement Area Map”). Landowner desires to grant a conservation easement over the Easement Area.

B. Rangeland Trust is a “qualified conservation organization” as defined by Section 170(h)(3) the Internal Revenue Code and is eligible to hold this Easement pursuant to Section 815.3 of the California Civil Code. As certified by resolution of its governing body, Rangeland Trust accepts the responsibility of monitoring and enforcing the terms of this Easement and upholding the C onservation Purposes (as defined in Section 1 hereof) . Rangeland Trust is accredited by the Land Trust Accreditation Commission.

C. The Easement Area consists of [general description of property to follow .

Articulate conservation values].

D. Landowner desires to convey for valuable consideration [Donated easement: make a charitable gift of] the Easement to Rangeland Trust to assure that the rangeland environment, agricultural productivity, open space created by working landscapes, the plant, [fish], and wildlife

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habitat and watersheds will be conserved and sustained forever through managed grazing and as otherwise provided herein (referred to herein as the “Conservation Values”), and that uses of the land that are inconsistent with these Conservation Values will be prevented or corrected.

E. The grant of this Easement will further the policy purposes of the following clearly delineated governmental conservation policies [Review Note: Confirm which paragraphs are applicable to the specific project and add recitals required by relevant funding source.]:

Section 815 of the California Civil Code, in which the California Legislature has declared: (1) that “the preservation of land in its natural, scenic, agricultural, historical, forested, or open -space condition is among the most important environmental assets of California”; and (2) that it is “in the public interest of this state to encourage the voluntary conveyance of conservation easements to qualified nonprofit organizations”;
Section 821 of the California Food and Agriculture Code, which states that one of the major principles of the State’s agricultural policy is “to sustain the long -term productivity of the State’s farms by conserving and protecting the soil, water, and air, which are agriculture’s basic resources”;
Section 51220 of the California Government Code, in which the California Legislature has declared that “in a rapidly urbanizing society agricultural lands have a definite public value as open space, and the preservation in agricultural production of such lands . . . constitutes an important physical, social, esthetic and economic asset to existing or pending urban or metropolitan developments”; and [Review Note: The following recital must be confirmed in each transaction.] The ________ County General Plan, as amended in ____, which includes as one of its goals to protect all viable farmlands designated as prime, of statewide importance, unique, or of local importance from conversion to and encroachment of non - agricultural uses.

F. All holders of liens or other encumbrances upon the Easement Area , except the holders of the approved encumbrances listed in Exhibit C attached hereto an incorporated herein by reference, have agreed to subordinate their interests in the Easement Area to this Easement and to refrain forever from any action that would be inconsistent with its Conservation Purposes (as defined in Section 1 hereof).

G. [Review note: Insert mineral language if required.] [The probability that any third party holder of mineral rights in the Easement Area will extract or remove minerals from the Easement Area by surface mining has been determined by a qualified professional geologist to be so remote as to be negligible, as set forth in a report dated __________________, by _______________________, State of California Registered Geologist No._____. A true and complete copy of the report has been provided to Rangeland Tru st [Review Note: Third -party mineral rights will not necessarily be shown as an encumbrance but may appear as an exception to title.]

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G. The current agricultural, physical, and overall biological conditions of the Easement Area, as well as its current uses and state of improvement, are described in a Baseline Conditions Report (the “ Report”) prepared by Rangeland Trust with the cooperation of Landowner. The Report consist s of a narrative, maps, photographs, and other documents, and is acknowledged by both Parties to be complete and accurate as of the date of this Easement. Both Landowner and Rangeland Trust have copies of this Report, which is incorporated herein by reference. It will be used by Rangeland Trust to assist in its monitoring and enforcement of Landowner’s compliance with this Easement. This Report, however, is not intended to preclude the use of other evidence to establish the baseline condition of the Easement Area if there is a controversy over some aspect of that condition.

H. The Parties intend that the Conservation Purposes of this Easement (as defined in Section 1 hereof) shall be achieved through continued ranching and managed grazing activities to sustain and protect the Conservation Values of the Easement Area . The Parties recognize, however, that additional agricultural uses of the Easement Area may become reasonably necessary to support the economic viability of commercial ranching within the Easement Area and accordingly provide herein for such additional uses.

I. Rangeland Trust recognizes that the current conditions of the Conservation Values associated with the physical environment of the Easement Area exist because of the past stewardship of the Easement Area and depend on the future good stewardship decisions by Landowner and its successors. Landowner is entrusted with those future management decisions , and Rangeland Trust is entrusted with ensuring that the Conservation Values remain protected.

Deed and Agreement
In consideration of the recitals set forth above, and in consideration of their mutual promises and covenants, Landowner hereby grants and conveys to the Rangeland Trust, its successors and assigns, and Rangeland Trust hereby accepts, a perpetual conservation easement as defined by Section 815.1 of the Conservation Easement Act of 1979 (California Civil Code, Section 815 et seq.), of the nature and character described in this Easement.

1. Purposes. The purposes of this Easement are to identify, sustain and forever protect the Conservation Values from impairment (“Conservation Purposes”). The Parties agree that the Conservation Purposes shall be achieved through continued ranching, managed grazing, and other allowed agricultural uses on the Easement Area as herein provided. The Parties agree that Landowner’s retention of certain rights specified in this Easement, including specified agricultural, residential, recreational , and commercial uses, is consistent with the Conservation Purposes, provided that those rights are exercised in accordance with this Easement. The Parties further agree that some intensification of and changes in the current agricultural uses, as hereinafter authorized, may serve to promote the continuing commercial viability of the agricultural uses of the Easement Area and thus assist in achieving the Conservation Purposes. [Changes to the purposes clause may be required to conform to the specific funding program.]

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Under this Easement, impairment of Conservation Values means a material adverse change in Conservation Values. The evaluation of the actual and potential impacts of a particular activity or use on Conservation Values shall take into account the impacts of the activity or use in question , as well as the cumulative impacts of other uses and activities on the Easement Area . In every evaluation of whether impairment of Conservation Values has occurred or is threatened, both the magnitude and the duration of the actual or potential change(s) shall be considered.

2. Written Notice and Approvals. When Landowner is required to obtain Rangeland Trust’s written approval (“Written Approval”) or to provide Rangeland Trust with written notice of a proposed action (“Written Notice ”), such notice, demand, request, consent, approval, or communication shall be in writing and delivered pursuant to Section 32 hereof. Landowner’s obligation to bear the costs associated with Rangeland Trusts review and approval of both Written Approval and Written Notice is set forth in Section 40 hereof. (a) Landowner’s Obligation . In each Written Notice or request for Written Approval, Landowner shall describe the nature, scope, design, location, timetable, and any other material aspect of the proposed activity in sufficient detail to allow Rangeland Trust to make an informed judgement as to its consistency with the Conservation Purposes. (i) Written Notice When No Written Approval Is Required. Unless otherwise stated herein, whenever a Written Notice is required pursuant to the terms of this Easement for an action by Landowner that does not require a Written Approval, Landowner shall notify Rangeland Trust in writing not less than thirty (30) days prior to the date Landowner intends to undertake the activity or use in question, unless a longer advance notice period is specifically required herein in connection with a particular activity or use . Landowner’s Written Notice does not limit Landowner’s obligations to comply fully with the terms of this Easement and the protection of the Conservation Values in undertaking or authorizing the activity or use described in the Written Notice.
(ii) Written Notice When Written Approval Is Required. Unless otherwise stated herein, whenever the Landowner is expressly required to obtain Rangeland Trust’s Written Approval, Landowner shall send a Written Notice to Rangeland Trust not less than sixty (60) days prior to the date Landowner desires to undertake or authorize the activity or use in question and obtain Rangeland Trust’s Written Approval prior to undertaking taking or authorizing such activity or use.
(iii) No Written Notice or Written Approval Necessary. Where “without further permission” is stated, neither Written Notice nor Written Approval is required and an activity or use so allowed by this Easement shall not be prohibited unless it results, or threatens to result, in the impairment of Conservation Values.
(b) Rangeland Trust’s Approval Obligations. Upon receiving a Written Notice requesting Written Approval for a proposed use, Rangeland Trust shall use its sole reasonable discretion to determine in good faith, if the proposed use is consistent with the Conservation Purposes and not prohibited under Section 3 hereof. Rangeland Trust shall reply to Landowner’s notification within sixty (60) days and explain its determination within that time. If Rangeland Trust reasonably determines that more than sixty (60) days is necessary for Rangeland Trust to

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evaluate the request for Written Approval , Rangeland Trust shall provide Written Notice to Landowner specifying the additional time needed . If Rangeland Trust fails to respond to Landowner within sixty (60) days of receipt of a Written Notice , or within the additional time specified by Rangeland Trust in a Written Notice, then the proposed activity shall be deemed approved by Rangeland Trust. In making any decision requiring Written Approval, Rangeland shall take into account: (a) whether Landowner has made all particular demonstration(s) in support of Landowner’s request required under the Easement; (b) the actual and potential impacts of the particular requested activity or use on Conservation Values ; and (c) the cumulative impacts of other uses and activities on the Easement Area.

3. Prohibited Acts. Landowner shall not perform, or knowingly allow others to perform, any act or use on or affecting the Easement Area in conflict with the other covenants and restrictions set out in this Easement, including but not limited to any act or use that may result in impairment of Conservation Values. Landowner authorizes Rangeland Trust to enforce Landowner’s covenants. Nothing in this Easement shall require Landowner to take any action to restore the condition of the Easement Area caused by: (a) any Act of God or other event over which Landowner has no control ; (b) any prudent action taken by Landowner under emergency conditions to prevent, abate, or mitigate significant injury to the Easement Area or to any person resulting from such causes ; or (c) the non -authorized acts of unrelated third parties so long as Landowner has taken reasonable steps to control such acts. Landowner understands and agrees that nothing in this Easement relieves it of any obligation or restriction in relation to the development or other uses of the Easement Area imposed by law, including but not limited to local land use restrictions.

4. Construction of Buildings, Facilities and Other Structures. The construction or reconstruction of any building, structure, or other facility of any type is prohibited except in accordance with this Section.
(a) Incidental Ranch Facilities.
(i) “Incidental Ranch Facilities” consist of non-building facilities used in normal and customary ranching and farming activities, including corrals, holding fields, squeezes, loading chutes, equipment loading ramps, fences, water distribution and irrigation facilities, and utility facilities (including gas, electrical , and telecommunication facilities), primarily to support uses of or activities on the Easement Area authorized by this Easement. (ii) Incidental Ranch Facilities may be constructed, repaired or replaced without further permission.
(iii) Stock ponds may be constructed, repaired or replaced without further permission.
(b) Non-Residential Buildings, Structures, and Other Facilities for Authorized Uses or Activities.
(i) For any non-residential building, structure or facility existing as of

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the Effective Date, Landowner may enlarge each (by not more than a cumulative fifty percent (50%), repair, or replace with a like building, structure, or facility at its existing location without further permission.
(ii) For any new non -residential building, structure , or facility, or for any enlargement greater than a cumulative fifty percent (50%), Landowner must first obtain Written Approval , in support of which Landowner must demonstrate that the proposed construction or enlargement is reasonably necessary to support authorized uses of the Easement Area.
(iii) Enlargement shall be determined based upon the size of the building, structure, or facility on the Effective Date. (c) Residential Dwellings.
(i) The ___________existing single -family residential dwellings and appurtenant structures may be repaired, enlarged (each by not more than a cumulative fifty percent (50%), or replaced at their current locations without further permission. Enlargement shall be determined based upon the size of the building, structure or facility on the Effective Date. (ii) _________ new single -family residential dwelling(s) and appurtenant structures may be constructed in the residential building envelope designated on Exhibit B without further permission [See CRT Housing Threshold Guidelines]. (iii) The boundaries and location of the residential building envelope may be adjusted with Written Approval ; provided, that t he size of the residential building envelope shall not be allowed to be increased.
(d) Ranch Labor Housing.
(i) For any dwelling structure existing on the Effective Date and used to house persons hired for work on the Easement Area, Landowner may remove, repair, enlarge (by not more than a cumulative fifty percent (50%) , or replace at its existing location with a like housing unit without further permission. Enlargement shall be determined based upon the size of the structure on the Effective Date.
(ii) New dwelling structures, to be used solely to house persons hired for work on the Easement Area may be built only with Written Approval, in support of which Landowner must demonstrate that the proposed structure is reasonably necessary to support existing or imminent agricultural operations on the Easement Area. (iii) Written Approval is necessary for any changes to the use of a dwelling structure originally built to house persons hired for work on the Easement Area. (e) Utilities for Residential and Other Authorized Structures. The installation of new, or extension or repair of existing utilities (including, without limitation, water, sewer,

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septic tanks and systems, power, fuel, and communication lines and related facilities) is authorized without further permission as reasonably necessary to service all residential uses and other structures and improvements that are authorized in this Easement. (f) Signs.
(i) No commercial billboards shall be erected on the Easement Area.

Without further permission, s igns are allowed for the purposes of denoting the names and addresses of residents on the Easement Area, denoting allowable business uses, describing other authorized activities on the Easement Area, posting the property for sale or rent, identifying the Easement and its participants, and posting the property to control unauthorized entry or use. (ii) Landowner shall purchase and install a sign to be placed on the Easement Area that identifies this Easement, the name of the ranch, the landowner’s name (if desired), Rangeland Trust, and indicates the participation of any of Rangeland Trust’s public or private funding sources in the acquisition and maintenance of the Easement. Rangeland Trust will maintain and replace the sign, as necessary, at Rangeland Trust’s sole cost and expense. The size, location, number, text , and design of the signage shall be subject to the approval of Landowner and Rangeland Trust, which approval shall not be unreasonably withheld, conditioned, or delayed.

5. Subdivision.
(a) Generally. Except as provided in this Section, subdivision of the Easement Area, whether by physical, legal , or any other process, is prohibited [; provided, however, that nothing herein shall be deemed, interpreted or construed to restrict Landowner from creating by any legal means a single legal parcel for the Easement Area] . Landowner shall continue to maintain the parcels comprising the Easement Area , and all interests therein, under common ownership, as though a single legal parcel.
(b) Lot Line Adjustments. [Only insert in applicable transactions where the Easement was granted by multiple Landowners not owning the entirety of the Easement Area in common: [ Internal lot line adjustments between and among the ___ parcels comprising the Easement Area may be authorized with Written Approval (and the approval of Funder(s)) to enable Landowners to maintain or enhance agricultural practices or productivity on the Easement Area or otherwise enable the uses authorized by this Easement.] [Insert if any portion of the easement value is donated : Boundary Line Adjustments. Pursuant to IRS Notice 2023 -30, Grantor and Grantee agree that boundary line adjustments to the real property subject to the Easement may only be made pursuant to a judicial proceeding to resolve a bona fide dispute regarding a boundary line’s location.]

6. [Insert if NRCS is providing Funding . Limitation on Impervious Surfaces.

Adding will move numbering forward by one]

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7. Development Rights. Landowner agrees that all development rights, except as specifically reserved to Landowner herein within the Easement Area are extinguished and may not be used on or transferred to any portion of the Easement Area as it now or hereafter may be bounded and described, or to any other property, adjacent or otherwise. The Easement Area may not be used for the purpose of calculating permissible development or lot yield of any other property.

8. Resource Stewardship. In order to protect the Conservation Values, Landowner shall conduct all ranching and farming operations in accordance with good management practices that address soil and water conservation, erosion control, pest management, nutrient management, vegetation management, and habitat protection. Landowner and Rangeland Trust recognize that changes in economic conditions, weather cycles, grazing technologies, and conservation practices may dictate an evolution and adaptation in the management of the range and cropland re sources of the Easement Area, consistent with the Conservation Purposes.

9. Mining of Subsurface and Surface Minerals. The provisions of this Section shall be interpreted in a manner consistent with Section 170(h) of the Internal Revenue Code, the Treasury Regulations adopted pursuant thereto, and any other successor provisions addressing the same subject.
(a) Surface Mining of Subsurface Minerals. The extraction or removal of any subsurface oil, gas, or other minerals by any surface mining method is prohibited. (b) Other Mining Methods. The extraction or removal of any subsurface oil, gas, or other minerals by methods other than surface mining may be undertaken on the Easement Area only with Written Approval , in support of which Landowner must demonstrate to the reasonable satisfaction of Rangeland Trust that the proposed mineral extraction or removal will have at most a limited localized impact on the Easement Area and will not be irremediably destructive of significant conservation interests.
(c) Surface Rock, Gravel and Sand. Landowner may extract rock, sand , and gravel that is exposed at the surface of the Easement Area as of the Effective Date, or which becomes exposed at the surface of the Easement Area through natural processes after the Effective Date; provided, that any such extraction of rock, sand , or gravel shall be for use solely on the Easement Area in support of activity on or use of the Easement Area allowed under this Easement; provided, further, that such extraction shall be accomplished in a manner that does not impair any Conservation Values.
[Insert Forest Management language below if property has commercial timber and timber harvesting is consistent with the Conservation Values.]

10. Forest Management. Landowner reserves the right to manage the forest and harvest timber in accordance with all applicable state and federal forestry laws, practices, guidelines, and regulations, provided that said management and/or harvesting complies with the conditions of this Section.

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(a) Commercial Timber Harvest . Where commercial timber harvesting has been identified as consistent with the Conservation Values, commercial timber harvesting may be authorized, provided that such timber harvest is conducted with a valid permit issued by CAL FIRE or successor agency and in a manner consistent with the Conservation Purposes and Values.

Landowner shall provide Written Notice with copies of all documents regarding any government- required management plan, timber harvest plan, or similar harvest permit application prior to submission to the lead agency charged with approving said plan or amendment in order for Rangeland Trust to confirm that such plan, application, amendment or deviation is consistent with the terms of this Easement. For the purposes of this Easement, the term "commercial timber harvest" is defined as any timber harvest in which the product of such harvest is sold, traded, exchanged, or used off the Easement Area.
[For inclusion in all easements either as Section 10, 10(a), or 10(b)] (b) Native Tree Cutting. Unless otherwise provided for in this Easement, living native trees on the Easement Area may only be cut to control or prevent insects and disease, mitigate fire risk, prevent bodily injury and property damage, and for on -site firewood without further permission. With Written Approval, living trees may also be cut for other personal uses including construction and repair of authorized buildings, structures and facilities on the Easement Area and, to the extent necessary, to clear land for roads and authorized buildings, structures and facilities allowed under this Easement. Native trees may also be cut if in accordance with a management plan prepared in cooperation with CAL FIRE, California Department of Fish and Wildlife, Natural Resources Conservation Services , or similar agency and with Written Notice.

This Section shall not apply to minor incidental taking of trees, non -native trees and brush, non- native invasive plants, the removal of dead trees, or orchards and/or tree farming on the Easement Area for agricultural purposes. In its sole and absolute discretion, Rangeland Trust may allow Landowner to cut trees under circumstances not anticipated by this Easement. (c) [If property has forestland and state funding is utilized language to satisfy Civil Code 815.11 must be added.] The Landowner must develop an easement management plan whereby the Landowner agrees to: (1) maintain and improve forest health through promotion of a more natural tree density, species composition, structure, and habitat function; (2) make improvements that increase the land’s ability to provide resilient, long -term carbon sequestration and net carbon stores as well as watershed functions; and (3) provide for retention of larger trees and a natural range of age classes, and ensure the growth and retention of these larger trees over time. (Format Section accordingly)]

11. Road Construction, Maintenance and Paving.
(a) Road Construction. New roads may be constructed on the Easement Area, with Written Approval, if they are necessary to carry out the agricultural operations or other authorized uses on the Easement Area.
(b) Road Maintenance. Roads existing at the Effective Date, as documented in the Baseline Report, or future roads permitted by this Easement or approved by Rangeland Trust, may be maintained without further permission. Notwithstanding the foregoing, existing and future

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roads may not be significantly widened or improved unless doing so is necessary to carry out the agricultural operations or other allowed uses on the Easement Area and has Written Approval. For purposes of this Section, “improved” or “improving” does not include standard maintenance activities such as grading, creating water bars, maintaining and repairing culverts, or application of gravel or other pervious materials.
(c) Paving. Roads existing at the Effective Date, as documented in the Report, or future roads authorized by Rangeland Trust, may be paved with Written Approval. No other portion of the Easement Area presently unpaved shall be paved, except for roads subject to permits for development allowed by this Easement where improvement is required as a condition of a permit. For purposes of this Section, “pave”, “paved”, or “paving” shall include covering of the soil surface with concrete, asphalt or other impervious material. However, to make roads passable, Landowners may apply to existing or future roads a reasonable amount of gravel that is obtained from the Easement Area or from other sources.
(d) Unpaved Roads . Unpaved roads existing at the Effective Date, as documented in the Report, or future roads authorized by Rangeland Trust, may be relocated as unpaved roads as required by agricultural operations ; provided, that abandoned roads must be returned to agricultural uses or a natural condition.

12. Agricultural Intensification.
[Note: The total amount of land converted from rangeland to other agricultural uses shall not exceed ten percent (10%) of the Easement Area . If at the time of Effective Date the Easement Area already contains acreage considered Agricultural Intensification, as defined below, such acreage will be taken into account in applying this limitation . No Agricultural Intensification will be allowed to portion shall occur on lands containing vernal pools or any other sensitive habitat.]
“Agricultural Intensification” is the conversion of rangeland to more intensive agricultural uses such as row crops, orchards, and vineyards. As of the Effective Date, the Landowner currently utilizes ____ (__) acres for intensified agriculture and shall continue to do so without further permission. Landowner and Rangeland Trust have identified and agreed to ____ (__) additional Agricultural Intensification areas (“Agricultural Envelopes”) for a combined ____ (___) acres of Agricultural Intensification. The location and respective sizes of said Agricultural Envelopes are depicted in Exhibit B . Landowner may conduct Agricultural Intensification within said Agricultural Envelopes with Written Notice. Should situations arise that make the agreed locations of the Agricultural Envelopes unsuitable or impossible for Agricultural Intensification, at the sole expense of the Landowner, Rangeland Trust and the Landowner shall work cooperatively to identify alternative location(s) within the Easement Area to relocate the Agricultural Envelope(s).

Conversion of land outside of the Agriculture Envelopes without Written Approval is prohibited. [Optional Language to restrict farming practices : Allowable agricultural uses within the Agricultural Envelopes include the cultivation of food based crops including, but not limited to, grapes, nuts, fruits, olives, and other perennial agricultural products; tree farming; nonperennial forages for human o r domestic animal consumption; crop seed production; bee keeping and the

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extraction of honey; cultivation of fiber-based products; cultivation of commercial flower growths; and, the storing, packing and other activity associated with the sale of the aforementioned products provided products so long as the agricultural operations are consistent with the long-term viability of the Easement Area. Nothing herein shall prohibit non-commercial gardening for Landowner’s personal use so long as such activity is conducted within the Building Envelope.] Other agricultural uses (i.e. those that are not considered Agricultural Intensification) are authorized outside the Building and Agricultural Envelopes without further permission. These agricultural uses are those uses that are compatible with grazing or grazing -related activities and those that restore or conserve grassland including, but not limited to, those practices related to the production of livestock, forage production, grazing, haying and livestock fodder production.

13. Feedlot. The establishment or maintenance of a commercial feedlot is prohibited.

For purposes of this Easement, “commercial feedlot” is defined as a permanently constructed confined area or facility that is used and maintained for purposes of engaging in the business of feeding livestock and which is not grazed or cropped annually. For purposes of this Easement, a “commercial feedlot” shall not include the establishment, use, or maintenance of corrals, h olding pens or pastures. Nothing in this Section shall prevent Landowner from confining livestock for discretionary seasonal feeding of livestock raised or pastured on the Easement Area . Written Approval is required for any finishing of livestock raised or pastured on the Easement Area for commercial purposes may be authorized.

14. Industrial, Non-Agricultural Commercial, and Recreational Uses; Motorized Vehicles.
(a) Industrial Uses . All industrial uses of the Easement Area not expressly authorized herein are prohibited.
(b) Non-Agricultural Commercial Uses. With the exception of the commercial recreational uses authorized in Subsection (c), below, all non -agricultural commercial uses are prohibited on the Easement Area except with Written Approval. (c) Recreational Uses. Non-commercial and commercial recreational uses such as hunting, fishing, horseback riding, wilderness camping, picnicking, education, wildlife viewing, hiking, non -motorized cycling, rock collecting, and photography may be undertaken without further permission. All other recreational uses are prohibited on the Easement Area except with Written Approval.
(d) Utility Facilities . Landowner and Rangeland Trust may negotiate both compensation for and location of utility facilities and supporting infrastructure, excluding communication facilities in Subsection 14(e) below, to be constructed or relocated within the Easement Area by an entity having the power of eminent domain so as to avoid impairment of any Conservation Values. Any compensation shall be shared as provided in Section 35 hereof and the Rangeland Trust’s portion shall be used exclusively to further conservation either within or outside of the Easement Area. Renewable power generation facilities, such as solar, wind and hydroelectric, may be constructed within the Easement Area only with Written Approval and only at locations where their visibility from the vantage of public roads will be avoided or minimized.

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Solar panels for buildings on the Easement Area that are located on the roof, or within 100 feet of that building may be constructed without further permission. The Parties agree that the provisions of this Subsection 14(d) restricting installation of solar energy systems are “reasonable restrictions” within the meaning of California Civil Code § 714. (e) Commercial Communications Facilities . Landowner may construct and operate or authorize others to construct and operate commercial communications facilities such as cell towers or 911 communications towers with Written Notice. Notwithstanding the foregoing, telemetric equipment included in the Incidental Ranch Facilities, personal transmission equipment for services such as wireless internet or broadcast television, and small -scale transmission equipment for research projects conducted by academic, government, or similar research organizations without further permission.
(f) Motorized Vehicles . Landowner and Landowner’s family members, employees, and non-paying guests may use motorized vehicles off -road for activities allowed by this Easement (including, without limitation, livestock management and farming) without further permission. Motorized vehicles may also be used off -roads for the maintenance of utilities, retrieval of game, or for emergency purposes. Any other uses of off -road vehicles, m otorized vehicle races, and the construction of motorized off-road vehicle courses are prohibited. (g) Ecosystem Services and Sale of Carbon Credits.
(i) Ecosystem Services . With Written Approval, Landowner may develop ecosystem functions, including, but not limited to, carbon sinks, stream bank restoration, riparian corridor restoration, stream flow enhancement , and carbon sequestration, and may participate in any programs with state or federal agencies or private entities intended to provide incentives or compensation for the restoration or relocation of rare, imperiled, threatened, or endangered species or communities on the Easement Area in a manner designed to restore historic natural systems, or for other environmental preservation or enhancement efforts. Rangeland Trust shall ensure that the terms and conditions of the Easement are taken into account when calculating the baseline/business as usual of the Easement Area for purposes of establishing carbon credits or other emissions offsets that the Landowner proposes to develop. (ii) Sale of Carbon and other similar Credits. Subject to providing Written Notice at least sixty (60) days prior to any of the following actions, Landowner may sell, exchange, transfer, trade, gift, or retire, any or all of the rights to carbon offset credits issued by a third-party entity, or any or all similar rights that may exist now or in the future, that are appurtenant to the Easement Area

15. Trash; Agricultural Residues.
(a) Trash. Landowner may dedicate up to one (1) acre to store trash, refuse, or derelict equipment, or increase the existing area as defined for such use in the Report as of the Effective Date, by no more than ten percent (10%). All other dumping or accumulation of trash, refuse or derelict equipment outside of enclosed structures on the Easement Area is prohibited.

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(b) Agricultural Residues. Landowner may engage in the burning, chipping, grinding, mixing or composting of plant or animal matter derived from the Easement Area (including manures, orchard or vineyard prunings, or other crop residues that result from ranching or farming related activities) (“Agricultural Residues”).

16. Water Rights and Resources.
(a) Water Rights . Landowner shall retain and maintain all groundwater, riparian, appropriative, prescriptive, contractual, adjudicated, and other water rights appurtenant to or part and parcel of the Easement Area as of the Effective Date (“Easement Area Water” or “Water Rights”). Landowner shall not permanently transfer, encumber, lease, sell, or otherwise separate Easement Area Water or Water Rights from title to the Easement Area. (i) Landowner may temporarily transfer Easement Area Water or Water Rights that are not reasonably necessary for authorized uses and protection of Conservation Values on the Easement Area to a contiguous property or other property owned or leased by Landowner on an annual basis for agricultural production with Written Notice. (ii) Landowner may temporarily use or supply Easement Area Water from the Easement Area for immediate fire control response or wildfire emergency without further permission.
(b) Water Resources. Development of water resources on the Easement Area for non-authorized commercial use is prohibited. Development of water resources for authorized agricultural uses, forest management, livestock, fish and wildlife habitat use, domestic needs, streamflow protection or enhancement, and private recreation is authorized.

Authorized water resource development includes, but is not limited to, the restoration, enhancement and development of water resources, including ponds, tanks, groundwater recharge basins, infiltration galleries, and other streamflow protection or enhancem ent facilities; construction, repair, and maintenance of irrigation systems; and the development of stock and domestic water capture and delivery facilities as allowed in Subsection 4(a)-(d), including but not limited to, water lines and access roads or trails to water facilities.

Any new diversion from a surface watercourse for irrigated agriculture must comply with the requirements of federal, state and local agencies having jurisdiction over water resources and water diversions. No additional, changed, expanded or intensified activity on, or use of the Easement Area resulting in insufficient water to sustain the Conservation Values shall be allowed.

17. Rights Retained by Landowner. The Landowner retains the right to perform any act not specifically prohibited or limited by this Easement. Landowner's present uses and compatible historic uses of the Easement Area for ranching, managed grazing , and other allowed agricultural uses as described in the Report and as limited by Sections 3 and 12, are deemed to be authorized activities consistent with the Conservation Purposes. Landowner retains all ownership rights consistent with such purposes, including, but not limited to, the right to exclude any member of the public from trespassing on the Easement Area and the right to sell or otherwise transfer the

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Easement Area to anyone Landowner chooses, and the right to refinance, obtain loans, create liens, and grant deeds of trust on the property, subject to the prior encumbrance of the Easement.

18. Responsibilities of Landowner and Rangeland Trust Not Affected. Other than as specified herein, this Easement is not intended to impose any legal or other responsibility on the Rangeland Trust, or in any way to affect any existing obligation of the Landowner as owner of the Easement Area. Among other things, this shall apply to:
(a) Taxes. Landowner shall pay before delinquency all taxes, assessments, fees, and charges of whatever description levied on or assessed against the Easement Area or the property underlying the Easement Area by competent authority. If the Rangeland Trust is ever required to pay any taxes or assessments on the Easement Area or underlying property, Landowner will promptly reimburse Rangeland Trust for the same.
(b) Upkeep and Maintenance . Landowner shall continue to be solely responsible for the upkeep and maintenance of the Easement Area. Rangeland Trust shall have no obligation for the upkeep or maintenance of the Easement Area. (c) Liability and Indemnification.
(i) Landowner shall and hereby agrees to hold harmless, indemnify, protect, and defend Rangeland Trust, its officers, directors, members, employees, contractors, legal representatives, agents, successors and assigns, and each of them (collectively "Rangeland Trust Indemnified Parties ") from and against all liabilities, penalties, costs, losses, orders, liens, damages, expenses, causes of action, claims, demands, or judgments, including without limitation reasonable attorneys’ and experts’ fees arising from or in any way connected with: (a) injury to or the death of any person, or physical damage to any property, resulting from any act, omission, condition or other matter related to or occurring on or about the Easement Area, regardless of cause, except to the extent caused by the negligence or willful misconduct of any of the Rangeland Trust Indemnified Parties, while acting on behalf of Rangeland Trust; or (b) a violation of, or other failure to comply with, any state, federal or local law, regulation or req uirement, by Landowner, or any party other than one of the Rangeland Trust Indemnified Parties acting upon permission from Landowner, in any way affecting, involving , or relating to the Easement Area; (c) or the breach by Landowner of any of its obligations set forth in this Easement. (ii) Rangeland Trust shall hold harmless, indemnify, and defend Landowner and its officers, directors, employees, contractors, legal representatives, agents, heirs, personal representatives, successors , and assigns, and each of them (collectively “ Landowner Indemnified Parties”) from and against all liabilities, penalties, costs, losses, damages, expenses, causes of action, claims, demands, or judgments, including without limitation, reasonable attorneys’ and experts’ fees, arising from or in any way connected with any injury to or the death of any person, or physical damage to any property, resulting from any act, omission, condition, or other matter related to or occurring on or about the Easement Area to the extent caused by the negligence or willful misconduct of any of the Rangeland Trust Indemnified Parties while acting on behalf of Rangeland Trust.

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(d) Insurance.
(i) Landowner shall maintain an occurrence -basis commercial general liability policy insuring against bodily injury and property damage on the Easement Area in the amount of not less than One Million Dollars ($1,000,000). Rangeland Trust shall be named an additional insured on the policy. For any claim covered by the indemnification in Subsection 18(c)(i) hereof, the liability insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to Rangeland Trust. Landowner waives all rights of subrogation against Rangeland Trust and its agents, representatives, officers, directors , and employees for recovery of damages to the extent these damages are covered by insurance maintained pursuant to this Easement. Landowner shall furnish Rangeland Trust with certificate(s) of insurance, executed by a duly authorized representative of each insurer, showing compliance with the insurance requirements set forth above , upon reasonable request. Such certificates shall provide for thirty (30) days Written Notice to Rangeland Trust prior to the cancellation or material change of any insurance referred to herein. Any failure of Rangeland Trust to demand such certificate or other evidence of full compliance with t hese insurance requirements or failure of Rangeland Trust to identify a deficiency from evidence that is provided shall not be construed as a waiver of Landowner’s obligation to maintain such insurance. The foregoing insurance requirements do not replace, waive, alter, or limit the hold harmless or indemnification provisions of this. Not less frequently than every five (5) years, the Parties shall cooperate in determining an appropriate increase, to adjust for inflation, in the limit of the insurance cove rage maintained by Landowner. Thereafter, Landowner shall obtain and maintain in effect such increased coverage until the next such adjustment.
(ii) Rangeland Trust shall maintain an occurrence-basis comprehensive general liability policy insuring against bodily injury and property damage on the Easement Area in the amount of not less than one million dollars ($1,000,000). For any claim covered by the indemnification in Subsection 18(c)(ii) hereof, t he liability insurance shall apply as primary insurance with respect to any other insurance or self -insurance programs afforded to Landowner.

Rangeland Trust waives all rights of subrogation against L andowner and its agents, representatives, officers, directors and employees for recovery of damages to the extent these damages are covered by insurance maintained pursuant to this Easement. The foregoing insurance requirements do not replace, waive, alter or limit the hold harmless or indemnification provisions of this . Not less frequently than every five (5) years, Rangeland Trust shall determine if any adjustments for inflation are necessary and shall review the limit of insurance or self -insurance coverage it maintains. Thereafter, Rangeland Trust shall obtain and maintain in effect such coverage until the next such adjustment.

19. Monitoring, Management and Issue Resolution.
(a) Right of Entry. Rangeland Trust, its agents, representatives and contractors shall have the right to enter annually with reasonable advance notice onto the Easement Area for purposes of monitoring compliance with the terms of this Easement. Except when Rangeland Trust has reasonably determined that immediate entry is required to prevent, terminate, or mitigate a violation of this Easement, under which circumstance Rangeland Trust may enter the Easement Area without prior notice, additional entry shall be permissive and therefore require notice to and

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permission by Landowner. Rangeland Trust's monitoring and access activities shall not interfere with normal agricultural operations on the Easement Area. [If the funding agencies require the right to accompany the monitors once every three years , additional language to that effect will be added here.]
(b) Cooperative Resource Stewardship. Rangeland Trust believes that, in most cases, the existing stewardship on the ranches it selects for conservation easement projects has supported and enhanced the conservation values these ranches provide, and, consistent with that premise, Rangeland Tr ust agrees with Landowner to take wherever possible a cooperative approach to monitoring and management of the Conservation Values. The Parties will conduct joint qualitative monitoring to ensure that the Conservation V alues are being protected. This monitoring will be supported through the Report and subsequent reviews, using photographs and narrative descriptions, among other evaluation tools. Monitoring will also consider issues such as site potential, weather conditions, unusual economic circumstances, vegetative variety and quality and trends in resource conditions.
(c) Agreement and Mediation.
(i) The Parties agree that, except as otherwise provided in Subsection (f), below, before any claim of breach or course of action to force performance or redress any concern is undertaken in a court of law that the Parties shall meet to discuss the issue(s) and shall make bona fide and mutual attempts to reconcile the differences . Such meeting shall take place within thirty (30) days of the written notice of breach or claim, which shall describe in reasonable detail the corrective action asserted by the Rangel and Trust to be necessary. If the Parties agree to a plan of action, such plan of action shall be converted to written form and signed by the Parties.

Landowner shall have the right, but not the obligation, to prepare the first draft of the agreed plan of action, which shall be prepared within fourteen (14) days of the above described meeting. Any proposed revisions by the other Party shall be made within fourteen (14) days of receipt of the draft agreement. The Parties may continue to exchange drafts u ntil a final written agreement is reached, or either Party may declare that the dispute cannot be resolved by agreement after each has had at least one opportunity to present its version of the agreement. (ii) If the Parties have not resolved the dispute within 30 days of such meeting and are not actively pursuing an agreement as provided for in Section 19(c)(i), they shall proceed promptly to engage a single mediator to assist in the resolution of the dispute. Such mediator shall be a Certified Rangeland Manager certified by the California-Pacific Section of the Society for Range Management pursuant to its Program for Certification of Professional Rangeland Managers (“Certified Rangeland Manager”), or other professional with comparable or otherwise appropriate expertise. If the Parties cannot agree upon such a mediator within 45 days after the meeting, the Party giving such notice may proceed with a judicial action. Unless the Parties agree to a longer period, each in its sole discretion, all mediation hearings must conclude within 60 days of the selection of the mediator. The cost of the mediator shall be shared equally by the Parties, except as otherwise provided in Subsection (g) below. (iii) If the mediator determines that the Report, or subsequent monitoring, has identified circumstances requiring improvement to protect the Conservation

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Values, Landowner shall either agree to develop a written management plan that addresses the particular resource management concern(s) identified by the mediator and Rangeland Trust, shall, at Landowner’s expense, engage a Certified Rangeland Manager, a District Conservationist of the Natural Resources Conservation Service, U.S. Department of Agriculture (“ District Conservationist”), or other qualified professional to develop the management plan, or refuse to participate in further efforts at cooperative re solution. If the Landowner chooses to prepare the plan, Landowner shall be encouraged but not required to engage the services of a Certified Rangeland Manager, a District Conservationist, or other qualified professional to assist Landowner in the development of such a management plan. The required scope of the plan and the time allowed for its development shall depend on the nature and severity of the identified p roblem(s).

The management plan shall be subject to Rangeland Trust’s approval. Landowner shall implement an approved plan for so long as is necessary to resolve the particular resource management problem(s) addressed by the plan. Rangeland Trust shall monitor implementation of the plan, and results thereof, during its periodic monitoring, and i n accordance with this Section may initiate modifications of the plan as the resource conditions warrant. (d) Judicial Enforcement. If the Parties are unable to agree to corrective action to address a breach or claim through the process set forth in Subsection 19(c), the complaining party may proceed with judicial action.
(e) Expert Assistance. The opinions of any Certified Rangeland Manager or other qualified professional engaged to assist the Parties in the resolution of any claim of injury to any Conservation Value shall be admissible in any judicial proceedings conducted with respect to that asserted violation.
(f) Immediate Relief. Notwithstanding the provisions of Subsections 19(c) and (d), if at any time Rangeland Trust determines that an ongoing or imminent violation could substantially impair Conservation Values, Rangeland Trust may proceed immediately to seek an injunction to stop it temporarily or permanently. Rangeland Trust may also seek an injunction requiring the Landowner to restore, or pay for the restoration of, the Easement Area to its condition prior to the violation.
(g) Alternative and Cumulative Remedies ; Legal Costs . Rangeland Trust's remedies described in this Section shall be cumulative and shall be in addition to all remedies now or hereafter existing at law or in equity. Furthermore, the provisions of California Civil Code Section 815, et seq., are incorporated herein by this reference and this Easement is made subject to all of the rights and remedies set forth therein. In any action brought to enforce or interpret any of the terms of this instrument, t he prevailing Party shall be entitled to recover its costs incurred in any such action, including reasonable attorneys’, consultants’, and experts’ fees and costs, and the costs of engaging a mediator in accordance with the provisions Subsection (c), above, when the mediation has been unsuccessful , all of which shall be deemed to have accrued upon the commencement of such action and shall be paid whether or not such action is prosecuted to judgment. Any judgment or order entered in such action shall contai n a specific provision providing for the recovery of attorneys’ and experts’ fees and costs due hereunder shall be determined by a court of competent jurisdiction and not by a jury. For the purposes of this Section 19, attorneys’ and experts’ fees and costs shall also include, without limitation, fees incurred in the following: (a) post -judgment motions; (b) contempt proceedings; (c) garnishment, levy, and

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debtor and third party examinations; (d) discovery; and (e) bankruptcy litigation.

20. Forbearance No Waiver. Forbearance by the Rangeland Trust to exercise its rights under this Easement in the event of any breach of any term of this Easement by Landowner shall not be construed to be a waiver by the Rangeland Trust of such term or of any subsequent breach of the same or any other term of this Easement. No delay or omission in the exercise of any right or remedy upon any breach by Landowner shall impair such right or remedy or be construed as a waiver.

21. Rangeland Trust Transfer of the Easement.
(a) Assignment by Rangeland Trust . The Parties contemplate that Rangeland Trust will continue to hold this Easement for so long as Rangeland Trust remains in existence.

Notwithstanding such contemplation, however, Rangeland Trust may assign its interest under this Easement, provided, that Rangeland Trust shall first furnish Landowner with written notice of such intention and shall allow Landowner a period of one hundred eighty (180) days within which to designate an assignee that is: (i) qualified to hold a conservation easement under Section 815.3 of the California Civil Cod e; (ii) a “qualified organization” as define d in Section 170(h)(3) of the U.S. Internal Revenue Code, 26 U.S.C. § 170(h)(3); (iii) not an “Affiliate” (as defined below) of Landowner or any lessee of any portion of the Easement Area; and (iv) willing and financially able to assume all of the responsibilities imposed on Rangeland Trust under this Easement including, without limitation, monitoring and enforcement,, collectively the (“ Designation Criteria”). As used in this Subsection, “Affiliate” means an entity which directly, or indirectly through on e or more intermediaries, controls, is controlled by, or is under common control with another person or entity. In the event that at the end of the one hundred eighty (180) day period either an assignment has not been made or Landowner has not petitioned a court of competent jurisdiction to transfer this Easement to an entity that meets the foregoing Designation Criteria, Rangeland Trust may proceed to transfer this Easement to any non-governmental entity that meets all of the foregoing Designation Criteria or to petition a court of competent jurisdiction to do so. The Parties intend that, in the selection of a transferee, preference be given to a qualified organization with an agricultural and rangeland conservation purpose as well as requisite experience in preserving and protecting the other Conservation Values. Said organization should have a board, staff, or consultants with practical agricultural management experience. Rangeland Trust shall not transfer this Easement to any governmental entity or public agency without the consent of Landowner, which consent shall be in Landowner's sole discretion.
(b) Cessation of Rangeland Trust. If Rangeland Trust ever ceases to exist or no longer qualifies under Section 170(h) of the U.S. Internal Revenue Code, or applicable state law, or no longer meets all the four Designation Criteria, then Landowner shall petition a court of competent jurisdiction to transfer this Easement to an organization that meets all of those criteria.

If the court is unable to identify a non -governmental organization that meets those criteria, the court may transfer this Easement to a governmental entity that meets the criteria.

22. Landowner Transfer of the Easement Area.

EXHIBIT A
279
(a) Notification. Any time the Easement Area itself or any interest in it is transferred by the Landowner to any third party, the Landowner shall provide Written Notice prior to the transfer of the Easement Area, and the deed of conveyance shall expressly refer to this Easement. Failure to notify Rangeland Trust or include the required reference to this Easement in the deed shall not affect the continuing validity and enforceability of this Easement. (b) Transfer Fee. A transfer of the ownership of the Easement Area may result in an additional burden on the monitoring and enforcement responsibilities of Rangeland Trust; therefore, each such transfer shall require the payment of a transfer fee to the Rangeland Trust’s monitoring fund in the amount of .4 percent (four tenths of one percent) of the sales price. A transfer fee shall not apply to: (i) transfers solely to change the method of holding title by the same party or parties ; or (ii) inter -generational transfers between members of the same family .

Rangeland Trust may reduce or waive this fee at its sole discretion. (c) No Merger. The Parties intend that a transfer to Rangeland Trust of the fee interest in the Easement Area, or any portion thereof, shall not be deemed to result in a merger of the Easement into the fee title. In the event of such transfer, Rangeland Trust shall continue to manage the Easement Area in accordance with the Conservation Purposes and, in the event of a subsequent transfer by Rangeland Trust of its fee interest in the Easement A rea, Rangeland Trust shall reserve therefrom this Easement.

23. Amendment of Easement. This Easement may be amended only by a written instrument executed and acknowledged by the Parties. Any such amendment shall be consistent with the purposes of this Easement and shall comply with Section 170(h) of the U.S. Internal Revenue Code, California Civil Code Section 815, et seq ., or any regulations promulgated in accordance with that section. Any such amendment shall also be consistent with California law governing conservation easements and Rangeland Trust policies . All amendments shall refer to this Easement and shall be recorded in the official records of the county(ies) identified in Recital A of this Easement.

24. No Public Dedication or Public Access. Nothing contained in this Easement shall be deemed to be a gift or dedication of any portion of the Easement Area for use by the general public. This instrument does not convey a general right of access to the public.

25. Landowner's Title Warranty; No Prior Conservation Easements. Landowner represents and warrants that Landowner has good fee simple title to the Easement Area, free from any and all liens or encumbrances except the approved encumbrances shown in Exhibit C, and hereby promises to defend the same against all claims that may be made against it. Landowner represents and warrants that the Easement Area is not subject to any other conservation easement.

Subject to providing Written Notice at least ninety (90 ) days in advance, including a copy of the conservation easement instrument(s), Landowner may grant subsequent conservation easements on the Easement Area.

EXHIBIT A
280

26. Environmental Provisions.
(a) Rangeland Trust Not An Owner, Operator, Or Responsible Party.

Notwithstanding any other provision herein to the contrary, the Parties do not intend this Easement to be construed such that it creates in or gives the Rangeland Trust:
(i) the obligations or liability of an "owner" or "operator" as those words are defined and used in environmental laws, as defined below, including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (42 U.S.C. § 9601 et seq. and hereinafter "CERCLA"); (ii) the obligations or liability of a person described in 42 U.S.C. § 9607(a)(3) or (4);
(iii) the obligations of a responsible person under any applicable Environmental Laws, as defined below;
(iv) the right to investigate and remediate any Hazardous Substance (as defined below) associated with the Easement Area; or
(v) any control over Landowner's ability to investigate, remove, remediate, or otherwise clean up any Hazardous Substance (as defined below) associated with the Easement Area.
(b) Environmental Liabilities and Indemnification . Landowner and Landowner’s successors in interest shall indemnify, protect , and defend with counsel acceptable to Rangeland Trust, and hold harmless the Rangeland Trust Indemnified Parties from and against any claims (including, without limitation, third party claims for personal injury or death, damage to Easement Area, or diminution in the value of property), actions, administrative proceedings (including informal proceedings), judgments, damages, punitive damages, penalti es, fines, costs, liabilities (including sums paid in settlements of claims), remedial action, compliance requirements, enforcement and clean -up actions of any kind, interest or losses, attorneys' fees (including any fees and expenses incurred in enforcing this indemnity), consultant fees, and expert fees that arise directly or indirectly from or in connection with: (i) the claimed presence or Release (as defined below) of any Hazardous Substance , whether into the air, soil, surface water or groundwater of or at the Easement Area; (ii) any violation or alleged violation of Environmental Law (as defined below) affecting the Easement Area , whether occurring prior to or during Landowner's ownership of the Easement Area and whether caused or authorized by Landowner or any person other than Landowner; or (iii) any claim or defense by Landowner or any third party that any Rangeland Trust Indemnified Party is liable as an “owner” or “operator” of the Easement Area under any Environmental Law. The foregoing indemni ty obligations shall not apply with respect to any Hazardous Substance released or deposited as a result of action by the Rangeland Trust Indemnified Parties on or about the Easement Area. The indemnity obligations of any successor in interest of Landowne r pursuant to this Subsection shall be limited to the portion of the Easement Area to which the successor takes title. [Optional Provision for High Dollar

EXHIBIT A
281
Easements: Notwithstanding any statutory limitation otherwise applicable, or the provisions of Section 30 hereof, the indemnity obligations of Landowner to the Rangeland Trust Indemnified Parties pursuant to this Subsection , solely with respect to matters occurring prior to or during Landowner’s ownership of the Easement Area, shall continue after transfer to a successor in interest unless a written reque st for consent to assignment of such indemnity obligations to a successor in interest is approved by Rangeland Trust prior to the successor taking interest of the Easement Area. In considering any such request, Rangeland Trust may take into account the financial capabilities of the successor in interest, without regard to any third-party financial assurances. Rangeland Trust’s consent to such assignment may be denied only if there is a commercially reasonable basis for such denial.]
(c) Definitions.
(i) The term "Environmental Law" shall include, but shall not be limited to, each statute named or referred to below, and all rules and regulations thereunder, and any other local, state and/or federal laws, ordinances, rules, regulations, orders and decrees , whether currently in existence or hereafter enacted, which govern (a) the existence, cleanup and/or remedy of contamination or pollution on Easement Area; (b) the protection of the environment from soil, air , or water contamination or pollution, or fro m spilled, deposited or otherwise emplaced contamination or pollution; (c) the emission or discharge of Hazardous Substances into the environment; ( d) the control of Hazardous Substances; or ( e) the use, generation, transport, treatment, removal, or recovery of Hazardous Substances. (ii) The term “Release” means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping or disposing of any Hazardous Substance into the environment (including, without limitation, the continuing migration of Hazardous Substances into, onto , or through the soil, surface water, or groundwater, and the abandonment or discarding of barrels, containers, and other receptacles containing any Hazardous Substance), whether or not caused by, contributed to, authorized by, acquiesced to, or known to Landowner.
(iii) The term "Hazardous Substance" shall mean (a) any oil, flammable substance, explosives, radioactive materials, hazardous wastes or substances, toxic wastes or substances or any other wastes, materials, or pollutants which pose a hazard to the Easement Area or to persons on or about the Easement Area, or cause the Easement Area to be in violation of any Environmental Law; (b) asbestos in any form which is or could become friable, urea formaldehyde foam insulation, transformers or other equipment which contain dielectric fluid containing levels of polychlorinated biphenyls, or radon gas; (c) any chemical, material, or substance defined as or included in the definition of "hazardous substances," "hazardous wastes," "hazardous materials," "extremely hazardous waste," "restricted hazardous waste," or "toxic substances" or words of similar import under any applicable local, state or federal law or under the regulations adopted or publications promulgated pursuant thereto, including: CERCLA, 42 U.S.C. Section 9601, et seq.; the Resource Conservation and Recovery Act ("RCRA"), 42 U .S.C. Section 6901, et seq.; the Hazardous Materials Transportation Act, 49 U .S.C. Section 5101, et seq .; the Federal Water Pollution Control Act, 33 U .S.C. Section 1251, et seq.; the California Hazardous Waste Control Law ("HWCL"), Cal. Health & Safety Code Section 25100, et seq., Hazardous Substance Account

EXHIBIT A
282
Act ("HSAA"), Cal. Health & Safety Code section 25300, et seq ., the Porter -Cologne Water Quality Control Act (the "Porter-Cologne Act"), Cal. Water Code Section 13000, et seq., the Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65); Title 22 of the California Code of Regulations, Division 4, Chapter 30; ( d) any other chemical, material or substance, exposure to which is prohibited, limited, regulated by any governmental authority, or may pose a hazard to the health and safety of the occu pants of the Easement Area or the owners and/or occupants of property adjacent to or surrounding the Easement Area, or any other person coming upon the Easement Area or adjacent property; and (e) any other chemical, materials, or substance which may or could pose a hazard to the environment.

27. Interpretation. This instrument shall be interpreted under the laws of the State of California, without regard to its conflict of laws principles, resolving any ambiguities and questions of the validity of specific provisions so as to give maximum effect to its Conservation Purposes. If any provision of this Easement, or the application thereof to any person or circumstances, is found to be invalid, the remainder of the provisions of this Easement, or the application of such provisions to persons or circumstances other than those as to which it is found to be invalid, as the case may be, shall not be affected.

28. Captions. The captions in this Easement have been inserted solely for convenience of reference and shall have no effect upon construction or interpretation.

29. Perpetual Duration. The covenants, terms, conditions, and restrictions of this Easement Deed shall be binding upon, and inure to the benefit of, the Parties hereto and their respective successors, permitted assigns, personal representatives and heirs and shall constitute a servitude running in perpetuity with the Easement Area.

30. Termination of Rights and Obligations . A Party's rights and obligations under this Easement terminate upon transfer of the Party's interest in the Ease ment or Ease ment Area, except as otherwise provided in Section 26(b) above, and except that liability for acts, omissions or breaches occurring prior to transfer shall survive transfer.

31. Joint and Several Liability. At any time that more than one person or entity owns an undivided fee interest in a parcel included in whole or in part within the Ease ment Area, each such person or entity sha ll be jointly and severally liable with each other person or entity having an undivided fee title interest in the Easement Area for all of the obligations of Landowner under this Easement.

32. Notices. Any notice, demand, request, consent, approval , or communication that either party desires or is required to give to the other shall be in writing and either served personally or sent by any other common method whereby receipt is confirmed, and addressed as follows or to such other address as either party from time to time shall designate by written notice to the other.

To LANDOWNER: _________________________
_________________________
_________________________
_________________________

EXHIBIT A
283
To RANGELAND TRUST: California Rangeland Trust
Attn: Conservation Director
3900 Lennane Drive, Suite 210
Sacramento, CA 95834
Phone: 916-444-2096
When personally delivered, notice is effective upon delivery. When mailed by certified mail, postage prepaid, return receipt requested, notice is effective on receipt, if delivery is confirmed by a return receipt. When delivered by an overnight delivery service, notice is effective on delivery, if delivery is confirmed by the delivery service.

33. Condemnation. This Easement constitutes a real property interest immediately vested in Rangeland Trust. If the Easement Area is taken, in whole or in part, by exercise of the power of eminent domain, Rangeland Trust shall be entitled to compensation in accordance with applicable law for the value of the Easement taken, and Landowner shall be entitled to compensation in accordance with applicable law for the value of the underlying fee title taken. For the purposes of this Section, the Parties agree that the fair market value of thi s Easement will be determined by multiplying the fair market value of the Easement Area unencumbered by the Easement [,minus any increase in value attributable to improvements made after the Effective Date,] by _________ percent, which the Parties agree is the ratio of the value of this Easement to the value of the Easement Area unencumbered by this Easement as of the Effective Date, as determined by an appraisal approved by the Parties as of the Effective Date. Rangeland Trust shall use all proceeds received as an award in a condemnation proceeding for a taking of this Easement in a manner consistent with the Conservation Purposes. The Parties intend by the provisions of this Section to satisfy the requirements of 26 C.F.R. § 1.170A-14(g)(6) as applicable on the Effective Date.

34. Extinguishment. If circumstances arise in the future that render the Conservation Purposes impossible to accomplish, including circumstances resulting from a default under this Easement, this Easement can only be terminated or extinguished, whether in whole or in part, by judicial proceedings in a court of competent jurisdiction . T he amount of the compensation to which Rangeland Trust shall be entitled from any sale, exchange or involuntary conversion of all or any portion of the Easement Area subsequent to such termination or extinguishment, shall be determined, unless otherwise provided by California law at the time, in accordance with Section

33. Rangeland Trust shall use all such proceeds in a manner consistent with the Conservation Purposes of this Easement.
[Insert/replace Section 34 if any portion of the easement value is donated: Pursuant to IRS Notice 2023-30, Grantor and Grantee agree that, if a subsequent unexpected change in the conditions surrounding the property that is the subject of a donation of the perpetual conservation restriction renders impossible or impractical the continued use of the property for conservation purposes, the conservation purpose can nonetheless be treat ed as protected in perpetuity if (1) the restrictions are extinguished by judicial proceeding and (2) all of Grantee’s portion of the proceeds (as determined by Section 3 5) from a subsequent sale or exchange of

EXHIBIT A
284
the property are used by Grantee in a manner consistent with the Conservation Purposes of the original contribution.]

35. Compensation. This Easement constitutes a real property interest immediately vested in Rangeland Trust. For the purposes of the Section entitled Extinguishment, the Parties agree that the fair market value of this Easement as of the date of the termination or extinguishment shall be the amount of compensation due Rangeland Trust as the result of such termination or extinguishment. Such fair market value of this Easement will be determined by multiplying the fair market value of the Easement Area as if it were unencumbered by this Easement [, minus any increase in value attributable to improvements made after the Effective Date,] by the greater of (i) the ratio of the value of this Easement at the time of its termination or extinguishment to the value of the Easement Area as if unencumbered by this Easement at that time, or (ii) __ percent (which the Parties agree is the ratio of the value of the Easement to the value of the Easement Area unencumbered by this Easement as determined by the appraisal previously approved by the Parties). The fair market values of the Easement Area and this Easement as of the date of termination or extinguishment shall be determined by a complete appraisal conducted by a qualified appraiser approved by the Parties. The cost of such appraisal shall be borne by the party who initiates the judicial action for termination or e xtinguishment. The Parties intend by the provisions of this Section to satisfy the requirements of 26 C.F.R. § 1.170A -14(g)(6)(ii) as applicable on the Effective Date.
[Insert/replace if any portion of the easement value is donated: Determination of Proceeds: Grantor and Grantee agree that the donation of the perpetual conservation restriction gives rise to a property right, immediately vested in Grantee, with a fair mar ket value that is at least equal to the proportionate value that the perpetual conservation restriction, at the time of the gift, bears to the fair market value of the property as a whole at that time. The proportionate value of Grantee’s property rights r emains constant such that if a subsequent sale, exchange, or involuntary conversion of the subject property occurs, Grantee is entitled to a portion of the proceeds at least equal to that proportionate value of the perpetual conservation restriction, unless state law provides that the donor is entitled to the full proceeds from the conversion without regard to the terms of the prior perpetual conservation restriction . The Parties intend by the provisions of this Section to satisfy the requirements of IRS Notice 2023-30 as applicable on the effective date.]

36. Laws Currently in Effect. All references in this Easement to statutes, regulations and other laws shall be deemed to refer to those statutes, regulations and laws currently in effect, or as amended (or any successor provision then applicable).

37. Recordation. Rangeland Trust shall promptly record this instrument in the official records of the county(ies) identified in Recital A, above, and promptly notify the Landowner through the mailing of a conformed copy of the recorded Easement.

38. Entire Agreement. This instrument sets forth the entire agreement of the Parties with respect to the Easement Area and supersedes all prior discussions, negotiations, understandings, or agreements relating to the Easement Area, all of which are herein merged.

EXHIBIT A
285

39. Counterparts. The Parties may execute this instrument in two or more counterparts, which shall, in the aggregate, be signed by both Parties; each counterpart shall be deemed an original instrument as against any party who has signed it. Counterpart signature pages and notary acknowledgments may be attached hereto to constitute a single legal document for recording. In the event of any disparity between the counterparts produced, the recorded counterpart shall be controlling.

40. Written Approval ; Landowner to Bear Costs and Expenses of Review.

Whenever Rangeland Trust's permission, consent , or approval is required pursuant to this Easement, such permission, consent, or approval shall be obtained in advance and in writing from Rangeland Trust. Except as otherwise provided in this Easement, whether permission, consent, or approval should be granted or denied shall be determined based upon the purposes of this Easement and shall not be unreasonably withheld or delayed. Landowner shall be solely responsible for bearing all reasonable costs and expenses incurred by Rangeland Trust , including , without limitation, reasonable attorneys' and consultants' fees and costs, in connection with: (i) Rangeland Trust's review of any request by Landowner for Rangeland Trust's permission, consent, or approval of any development or other use of the Easement Area for which Rangeland Trust's discretionary permission, consent , or approval is required under this Easement; and (ii) Rangeland Trust's participation, at Landowner's request, in any regulatory proceeding for consideration of proposed development or other use of the Easement Area allowed under this Easement.

41. Compliance with Applicable Laws . Landowner remains solely responsible for obtaining any applicable governmental permits or other approvals for any activity or use allowed under this Easement. No right or privilege granted in this Easement, nor any right retained by Landowner, shall be interpreted as exempting Landowner from complying with all statutes, laws, ordinances, rules, regulations, codes, orders, or other restrictions applicable to the Easement Area.

42. Exhibits. The exhibits attached hereto are incorporated herein by this reference:

Exhibit A: Easement Area Legal Description
Exhibit B: Easement Area Map
Exhibit C: Approved Encumbrances
Exhibit D: Access Route Easement (If Applicable)

43. Effective Date. This Easement is effective upon recordation in the Official Records of the county(ies) identified in Recital A.

Agreed to and executed by:

LANDOWNER:
__________________________________________ ____________________ Date

EXHIBIT A
286

CALIFORNIA RANGELAND TRUST
By: _______________________________________ ____________________ Date
Its: _______________________________________
[Add notary acknowledgments.]

EXHIBIT A
287
Exhibit A
Easement Area Description
Insert legal description. Confirm legal description matches description on the latest title report, and prior to closing compare with pro forma title policy legal description.

EXHIBIT A
288
Exhibit B
Easement Area Map
Insert map of the Easement Area showing the following items:

Residential Building Envelope – Section 4(c)
Agricultural Intensified Areas – Section 12
Existing Buildings, major public and private roads, streams, stock ponds, any other major features

EXHIBIT A
289
Exhibit C
Approved Encumbrances

EXHIBIT A
290
Exhibit D
Access Route Easement (If Needed)

EXHIBIT A
291

CITY COUNCIL STAFF REPORT
ITEM NO. 10.1

DATE:

November 27, 2023
TO:

Honorable Mayor and City Council
FROM:

Marianna Marysheva, City Manager
SUBJECT:

Supplemental materials.

RECOMMENDED ACTION

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

3.1 Beautification Committee annual update presented by Vice Chair, Mark Goralka.

Material: PowerPoint Presentation

3.2 Presentation of the 2023 Beautification Awards.

Material: PowerPoint Presentation

3.3 Livermore Valley Wine Heritage District annual update presented by Brandi Lombardi, Executive Director, Livermore Valley Winegrowers Association.

Material: PowerPoint Presentation

6.1 Hearing to consider amending the Livermore Municipal Code Chapter 5.90 Short-Term Rentals, Section 5.90.050 Locations, to allow accessory dwelling units with building permits issued prior to January 1, 2020, to be used as short-term rentals.

Material: PowerPoint Presentation

7.1 Resolution accepting the Altamont Landfill Open Space Committee's recommendation to expend funds for a grant to allow the California Rangeland Trust in the amount of $145,810 for the purchase of a 120-acre conservation easement on a portion of the of the 160-acre Diranne Ranch (DC Ranch) located in Eastern Alameda County.

Material: PowerPoint Presentation
292

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

Material: Council Reports

DISCUSSION

ATTACHMENTS

1. Supplemental Materials

Prepared by: Debbie Elam
Assistant City Clerk

Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
293
1 Beautification Committee 2023 Annual Update
November 27, 2023
Mark Goralka, Beautification Committee Vice-Chair
Beautification Committee Members
 Mark Goralka, Vice-Chair
 Saundra G Lormand, Committee Member
 Tania M Panarello, Committee Member
 Karen L Jefferson, Committee Member
Staff Liaisons
 Joe Prime, Maintenance and Golf Operations Manager
 Laurie Tobias, Administrative Clerk II
1 2
Item 3.1
PowerPoint Presentation
294
2 2023 Accomplishments
• Mailed letters to 29 residents citywide in appreciation of their holiday displays in December 2022.
• Revised Beautification Awar d Application Brochure to expand the reach and opportunities of the award. Awarded six 2023 Beautification Committee Awards in recognition for properties that have significantly improved the visual
appearance of the property and are aesthetically beneficial to the surrounding areas. The award recipients included five residential properties, and a first ever award to a commercial property.
2023 Accomplishments
• Presided over Arbor Day 2023, providing 13 schools with prepared bags containing seed packets and other tree related materials to distribute to approximately 1000 second graders.

Created a daily social media challenge during Arbor Day week to learn about Livermore trees.
• Within the last twelve months , the Landscape Section of Public Works has worked as a team with Karen Jefferson of the
Beautification Committee and the Livermore-Amador Valley Garden Club to make improvements to the Rose Garden at
Hansen Park.
3 4
Item 3.1
PowerPoint Presentation
295
3 2023 Accomplishments
• Presided over a denied tree removal permit appeal. The Committee upheld Staff’s decision to deny the permit.
• Reviewed and revised subcommittees based on current
vacancies and new member interests. Committee discussed and provided input on the proposed Beautification Committee ‘Duties and Responsibilities’ as part of the City Council’s ongoing Subcommittee on Advisory Bodies review.

Thank you
City Council, Mayor and Staff
for your support of the
Beautification Committee.
5 6
Item 3.1
PowerPoint Presentation
296
1 Beautification Committee 2023 Awards
November 27, 2023
Mark Goralka, Beautification Committee Vice-Chair
Beautification Committee Awards
• Improve curb-side appeal
• Recognize drought tolerant landscape renovations
• Promote creativity and community pride
• Encourage resident participation in beautifying Livermore 1 2
Item 3.2
PowerPoint Presentation
297
2 182 Barber Street
BEFORE
AFTER
438 Swan Drive
BEFORE
AFTER
3 4
Item 3.2
PowerPoint Presentation
298
3 961 Dolores Street
BEFORE
AFTER
2021 Las Positas Court
BEFORE
AFTER
5 6
Item 3.2
PowerPoint Presentation
299
4 2349 High Castle Court
BEFORE
AFTER
824 Alden Lane
BEFORE
AFTER
7 8
Item 3.2
PowerPoint Presentation
300
5 Congratulations to the winners of the
Beautification Committee
2023 Awards!
9 Item 3.2
PowerPoint Presentation
301
1 Livermore Wine
Heritage District
Presentation
• Admin & Operations
• Professional Development
• Quality Enhancement
• Advocacy & Community Relations
• Marketing & Brand Awareness
Highlights and
Accomplishments
1 2
Item 3.3
PowerPoint Presentation
302
2 3
Item 3.3
PowerPoint Presentation
303
1 Municipal Code Amendment 23-001
Short-Term Rentals
City Council November 27, 2023
Steve Riley, Principal Planner
Municipal Code Amendment 23-001- Short Term Rentals
• The Municipal Code Short-Term Rental regulations currently preclude the use of an Accessory Dwelling Unit (ADU) as a short-term rental, regardless of when it was permitted and built.
• State law expressly prohibits the es tablishment of short-term rentals in ADUs that were/are permitted on or after January 1, 2020. However, state law does give the City discretion to allow ADU’s permitted prior to January 1, 2020, to be used for Short-Term Rentals.
1 2
Item 6.1
PowerPoint Presentation
304
2 Municipal Code Amendment 23-001-Short Term Rentals
Staff recommends the City Council:

1. Adopt a resolution finding the impact of the project is exempt from the California Environmental Quality Act; and

2. Introduce an ordinance and waive the first reading, amending Chapter 5.90 Short-Term Rentals, Section 5.90.050 of the Livermore Municipal Code, allowing Accessory Dwelling Units with building permits issued prior to January 1, 2020, to be used as Short-Term Rentals.
3 Item 6.1
PowerPoint Presentation
305
1 Policy Implementation 23-003
Altamont Landfill Open Space Grant for
DC Ranch Conservation Easement
City Council November 27, 2023
Jennifer Ackerman, Assistant Planner
Policy Implementation 23-003
• 16980 Tesla Rd (unincorporated Alameda County) 10 miles west of Tracy and 11.5 miles east of Livermore
Alameda County Map Site Map (DC Ranch)
1 2
Item 7.1
PowerPoint Presentation
306
2 Policy Implementation 23-003
• Site Photos
Large-flowered Fiddleneck
California Tiger Salamander
Cattle Grazing on DC Ranch
Staff recommends the City Council:

1. Adopt a resolution finding that t he project is exempt under CEQA Section 15738 (no project); and

2. Accept the Altamont Landfill Open Space Committee’s
recommendation to expend funds to contribute toward the California Rangeland Trust’s grant request in the amount of $145,810 for the purchase of a 120-acre conservation easement on a portion of the 160-acre DC Ranch in Eastern Alameda County
Policy Implementation 23-003
3 4
Item 7.1
PowerPoint Presentation
307
Council Member
Date of Meeting
or Event Committee or Organization
Meeting or Event Type (ex.
board meeting or ribbon
cutting) Summary of Meeting or Event
Mayor Marchand 11/14/2023 Las Positas College Ribbon-cutting Ribbon-cutting and tour of the new Academic
Support Building for the #1 Community College in
California and #4 in the Nation
Mayor Marchand 11/15/2023 City of Livermore Veteran recognition Attended and spoke at a Veterans Recognition
and Quilts of Valor presentation at Las Positas
College.

Mayor Marchand 11/15/2023 Chamber of Commerce Business Mixer Networking mixer at 5 Rivers Aviation.

Mayor Marchand 11/16/2023 City of Livermore Community gathering Attended a community gathering and spoke at
the Sikh Gurdwara in Livermore with Supervisor
David Haubert.

Mayor Marchand 11/18/2023 Chamber of Commerce Ribbon-cutting Attended the Ribbon-cutting for Teaspoon next
to Town Centre Books.

Mayor Marchand 11/18/2023 City of Livermore Anniversary Attended the anniversary celebration for Shadow
Puppet Brewery
Mayor Marchand 11/18/2023 Winegrowers Association Grand opening Attended the Grand Opening of JMC Cellars on
Greenville Road, between 3 Steves and
Christopher R.

Item 8.0
Council Reports
308
Council Member
Date of Meeting
or Event Committee or Organization
Meeting or Event Type (ex.
board meeting or ribbon
cutting)
Council Member Branning 11/15/2023
Livermore-Amador Valley Water Management Agency
(LAVWMA) Board Meeting
Council Member Branning 11/21/2023 Livermore Downtown, Inc. (LDI) Board Meeting Council Member Branning 11/27/2023 Livermore Amador Valley Transit Authority (LAVTA) Projects and Services
Committee Meeting
Item 8.0
Council Reports
309
Council Member
Date of Meeting
or Event Committee or Organization
Meeting or Event Type (ex.
board meeting or ribbon
cutting)
Council Member Carling 11/15/2023 StopWaste Board meeting Council Member Carling 11/15/2023
Livermore-Amador Valley Water Management Agency
(LAVWMA) Board meeting
Item 8.0
Council Reports
310

Livermore City CouncilNovember 27, 2023

Livermore City Council
November 27, 2023