EXHIBIT A
CANVASS AND STATEMENT OF RESULT OF ELECTION
CITY OF LIVERMORE
Community Facilities District No. 2023-2
(Arroyo Vista Maintenance and Services)
I hereby certify that on January 22, 2024, I canvassed the returns of the election held on January 22, 2024, in the City of Livermore Community Facilities District No. 2023-2 (Arroyo Vista Maintenance and Services) and the total number of ballots cast in such District and the total number of votes cast for and against the measure are as follows and the totals as shown for and against the measure are full, true and correct:
BALLOT MEASURE NO. 1: Shall the City of Livermore’s measure to authorize the annual levy of special taxes within City of Livermore Community Facilities District No. 2023-2 (Arroyo Vista Maintenance and Services) (“CFD”) to finance municipal services described in the City Council resolution entitled “A Resolution of Formation of a Community Facilities District” for the CFD” (“Resolution of Formation”) adopted January 22, 2024 and administrative expenses, commencing in fiscal year 2024-25, at rates ranging from $233.79 to $292.24/unit for Developed Property, $277.73/Final Map Property lot and $4,143.94/acre Undeveloped Property (Annual Services Special Tax); $19.99 to $24.98/unit for Developed Property, $23.74/Final Map Property lot and $354.24/acre Undeveloped Property (Annual Contingent Bridge
Operation/Maintenance Services Special Tax); and $120.88 to $151.10/unit for Developed Property, $143.60/Final Map Property lot and $2,142.64/acre Undeveloped Property (Annual Contingent Bridge Repair/Replacement Services Special Tax), for a perpetual duration (or shorter period specified in the Resolution of Formation), be adopted? Financial Implications: Special taxes, if levied at maximum rate with full build out of property initially in the CFD, would raise $193,606.45 in fiscal year 2024-25 with annual escalation thereafter.
Qualified
Landowner Votes
Votes Cast YES NO
City of Livermore
Community Facilities District No. 2023-2
(Arroyo Vista Maintenance and Services)
Special Tax Election, January 22, 2024 30 _____ _____ _____ 602
EXHIBIT A
BALLOT MEASURE NO. 2: Shall the City of Livermore’s measure to authorize an annual appropriations limit of $10,000,000 for City of Livermore Community Facilities District No. 2023-2 (Arroyo Vista Maintenance and Services be adopted?
Qualified
Landowner Votes
Votes Cast YES NO
City of Livermore
Community Facilities District No. 2023-2
(Arroyo Vista Maintenance and Services)
Special Tax Election, January 22, 2024 30 _____ _____ _____ IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND on January 22, 2024.
By:
Deputy City Manager/City Clerk
City of Livermore
603
ORDINANCE NO._________
IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA
AN ORDINANCE LEVYING A SPECIAL TAX WITHIN CITY OF
LIVERMORE COMMUNITY FACILITIES DISTRICT NO. 2023-2
(ARROYO VISTA MAINTENANCE AND SERVICES)
Under the Mello-Roos Community Facilities Act of 1982, Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing at Section 53311, of the California Government Code (the “Act”), the City Council (the “Council”) of the City of Livermore (the “City”) is authorized to establish a community facilities district and to act as its legislative body.
On December 11, 2023, this City Council (the “Council”) adopted a resolution entitled “A Resolution of Intention to Establish a Community Facilities District” (the “Resolution of Intention”), and has conducted proceedings (the “Proceedings”) to establish “City of Livermore Community Facilities District No. 2023-2 (Arroyo Vista Maintenance and Services)” (the “CFD”) pursuant to the Act to finance certain municipal services (the “Services”) as provided in the Act.
Pursuant to notice as specified in the Act, and as part of the Proceedings, the Council has held a public hearing under the Act relative to the determination to proceed with the formation of the CFD and a rate and method of apportionment of the special tax (the “Special Tax”) to be levied within the CFD to finance the Services, and at such hearing all persons desiring to be heard on all matters pertaining to the formation of the CFD and the levy of the Special Tax were heard, substantial evidence was presented and considered by this Council and a full and fair hearing was held.
Upon the conclusion of the hearing, this Council adopted its “A Resolution of Formation of a Community Facilities District” (the “Resolution of Formation”), pursuant to which it completed the Proceedings for the establishment of the CFD, the authorization of the levy of the Special Tax within the CFD, and the calling of an election within the CFD on the propositions of levying the Special Tax and establishing an appropriations limit within the CFD.
On January 22, 2024, a special election was held among the landowner voters within the CFD at which such voters approved such propositions by the two-thirds vote required by the Act, which approval has been confirmed by resolution of this Council.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LIVERMORE DOES ORDAIN AS FOLLOWS:
Section 1 . Authorization and Levy of the Special Tax. By the passage of this Ordinance, the Council hereby authorizes and levies the Special Tax within the CFD pursuant to the Act, at the rate and in accordance with the rate and method of apportionment of Special Tax set forth in the Resolution of Formation, as it may be amended and supplemented from time to time, which rate and method is by this reference incorporated herein. The Special Tax is hereby levied commencing in fiscal year 2024-25 and in each fiscal year thereafter to pay for the Services for the CFD, as contemplated by the Resolution of Formation and the Proceedings, and all costs of administering the CFD. 604
ORDINANCE NO._________
Section 2. Direction to Determine Special Tax . The City Manager or designee, or an employee or consultant of the City, is hereby authorized and directed each fiscal year to determine the specific Special Tax to be levied for the next ensuing fiscal year for each parcel of real property within the CFD, in the manner and as provided in the Resolution of Formation.
Section 3 . Exemptions; Maximum Special Tax . Exemptions from the levy of the Special Tax shall be as provided in the Resolution of Formation and the applicable provisions of the Act. In no event shall the Special Tax be levied on any parcel within the CFD in excess of the maximum Special Tax specified in the Resolution of Formation.
Section 4. Use of Special Tax. All of the collections of the Special Tax shall be used as provided in the Act and in the Resolution of Formation, including, but not limited to, the payment of costs of the Services, the payment of the costs of the City in administering the CFD, and the costs of collecting and administering the Special Tax.
Section 5. Collection of Special Tax. The Special Tax shall be collected in the same manner as ordinary ad valorem taxes are collected and shall have the same lien priority and be subject to the same penalties and the same procedure and sale in cases of delinquency as provided for ad valorem taxes; provided, however, that the Council may provide for other appropriate methods of collection by resolution(s) of the Council. The City Manager of the City (or a designee) is hereby authorized and directed to provide all necessary information to the auditor/tax collector of the County of Alameda in order to effect proper billing and collection of the Special Tax, so that the Special Tax shall be included on the secured property tax roll of the County of Alameda for fiscal year 2024-25 and for each fiscal year thereafter until no longer required to pay for the Services or until otherwise terminated by the City.
Section 6. Severability. If, for any reason, any portion of this Ordinance is found to be invalid, or if the Special Tax is found inapplicable to any particular parcel within the CFD, by a court of competent jurisdiction, the balance of this Ordinance and the application of the Special Tax to the remaining parcels within the CFD shall not be affected.
Section 7. Publication. The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published within fifteen (15) days of its passage at least once in a newspaper of general circulation circulated in the City or pursuant to such other procedure identified by the City Clerk.
Section 8. Effective Date. This Ordinance shall take effect 30 days from the date of final passage.
605
ORDINANCE NO._________
The foregoing ordinance was introduced at the meeting of the City Council of the City of Livermore held on January 22, 2024, 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 February 12, 2024, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
Mayor, City of Livermore
ATTEST:
Deborah L. Elam
Acting City Clerk
APPROVED AS TO FORM:
/s/ Tara Mazzanti ____
Tara Mazzanti, Assistant City Attorney
606
CITY COUNCIL STAFF REPORT
ITEM NO. 10.1
DATE:
January 22, 2024
TO:
Honorable Mayor and City Council
FROM:
Marianna Marysheva, City Manager
SUBJECT:
Supplemental materials received prior to the meeting.
RECOMMENDED ACTION
SUMMARY
These materials were posted online and made available to the public at the same time that they were distributed to the City Council.
3.1 Library Board of Trustees annual update presented by Chair Richard Hunt.
Material: PowerPoint Presentation
3.2 Citywide Strategic Plan Annual Update presented by Stephanie Egidio, Assistant to the City Manager.
Material: PowerPoint Presentation
6.1 Public hearing, landowner election, declaration of results, and actions related to formation of Community Facilities District No. 2023-2 (Arroyo Vista Maintenance and Services) located on the east and west side of the Arroyo Seco Channel along Las Positas Road pursuant to the Mello- Roos Community Facilities Act of 1982.
Material: PowerPoint Presentation
8.0 Council Committee Reports and Matters Initiated by City Manager, City Attorney, Staff, and Council Members
Material: Council Reports
DISCUSSION
ATTACHMENTS
607
1. Supplemental Materials
Prepared by: Helena Graves
Deputy City Clerk
Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
608
Item 3.1
PowerPoint Presentation
609
2 Current Board Members
Richard
Hunt
Chair
Current Term:
6/1/2021 –
6/1/2024
Lainie
Pascall
Vice Chair
Current Term:
6/1/2022 –
6/1/2025
Mariana
Guzzardo
Board Member
Current Term:
6/1/2022 –
6/1/2025
Nancy
Olavarrieta
Board Member
Current Term:
6/1/2023 –
6/1/2026
Michelle
Ornat
Board Member
Current Term:
6/1/2023 –
6/1/2026
Looking Back
2023 Goals
• Access – Support the Library’s efforts to develop additional methods for providing equitable access to its resources, spaces, and information • Engagement – Support the Library’s efforts to develop more programming and services where residents naturally gather
• Learning and Literacy – Support the Library’s efforts to bolster learning and literacy in all its forms, for all community members • Annual Events – Provide the Library ideas to enhance and broaden the reach of annual events (Black History Month, Hispanic Heritage Month, Livermore Reads Together, Summer Reading Program, etc.) • Policy Review – Provide the Library ideas to strengthen policies to ensure they are fair, diverse, equitable, and inclusive
3 4
Item 3.1
PowerPoint Presentation
610
Item 3.1
PowerPoint Presentation
611
Item 3.1
PowerPoint Presentation
612
Item 3.1
PowerPoint Presentation
613
Item 3.1
PowerPoint Presentation
614
Item 3.1
PowerPoint Presentation
615
Item 3.1
PowerPoint Presentation
616
Item 3.2
Power Point Presentation
617
2 Report Organization
Community Pillar
Goal Category
Updates
Year at a Glance
3 4
Item 3.2
Power Point Presentation
618
Item 3.2
Power Point Presentation
619
1 Community Facilities District No. 2023-2
Arroyo Vista Maintenance and Services
January 22, 2024
Presented by
Farnoush Levers, Senior Civil Engineer
Community Facilities District No. 2023-2
Arroyo Vista Maintenance and Services
• Community Facilities Districts (C FD) provide a funding mechanism for infrastructure or
maintenance.
• Property owners within the district are assessed annually to provide this funding.
1 2
Item 6.1
Power Point Presentation
620
Item 6.1
Power Point Presentation
621
3 Staff recommends that City Council:
1. Adopt a Resolution of Formation of a Community Facilities District; and
2. Adopt a Resolution Calling Special Landowner Election for a Community Facilities District
3. Break to conduct Special Landowner Election for a Community Facilities District
4. Adopt a Resolution Declaring Results of Special Landowner Election and Directing Recording of Notice of Special Tax Lien
5. Introduce Ordinance Levying Special Tax within City of Livermore Community Facilities District No. 2023-2 (Arroyo Vista Maintenance and Services)
5 Item 6.1
Power Point Presentation
622
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 1/9/2024 Livermore Downtown Inc. Board meeting Conducted the swearing in ceremony for the new Board of Directors.
Mayor Marchand 1/10/2024 Livermore Chamber of Commerce Business Alliance Provided an update on City activities and heard a presentation from Yolanda Fintschenko, Executive Director of the Daybreak Labs.
Mayor Marchand 1/10/2024 Rotary Foundation Meeting
Attended and spoke at the Rotary grant presentation program for Livermore Valley Education Foundation (LVEF), teachers and Goodness Village.
Mayor Marchand 1/10/2024 City of Livermore New business ribbon cutting. Presented a Mayor's Welcome Certificate of ThermaSteel.
Mayor Marchand 1/10/2024 Alameda County Mayors' Conference Presentation Toured the Gillig bus facility, provided a presentation on the remarkable things that are going on in Livermore. Also heard a presentation on the East Bay Parks 30 X 30 initiative.
Mayor Marchand 1/11/2024 Local Agency Formation of Alameda County (LAFCO) Commission meeting Regular business meeting and provided a performance evaluation for the Executive Director.
Mayor Marchand 1/16/2024 U.S. Conference of Mayors in Washington D.C. Conference/meetings Met with Col. Ivan Bolden about potential partnership programs with the military.
Mayor Marchand 1/16/2024 U.S. Conference of Mayors in Washington D.C.
Meeting with Townsend Public
Affairs
Debrief from today's meeting and preparation for the next two days on Capitol Hill.
Mayor Marchand 1/17/2024 U.S. Conference of Mayors in Washington D.C.
Meeting of the Mayors Water
Council
Presentations and discussions centered around the new Lead and Copper Rule and PFOS/PFAS.
Mayor Marchand 1/17/2024 U.S. Conference of Mayors in Washington D.C. Meeting Met with newly appointed Senator Laphonza Butler and talked about issues that are important to the Tri-Valley, Valley Link, Mental Health, Homelessness, Housing and others.
Mayor Marchand 1/17/2024 U.S. Conference of Mayors in Washington D.C. Meeting Met with Representative John Garamendi and talked about issues that are important to the Tri-Valley; Valley Link, Mental Health, Homelessness, Housing and others. He understands the importance of connecting the mega-region.
Mayor Marchand 1/17/2024 U.S. Conference of Mayors in Washington D.C. Meeting Met with Senator Alex Padilla and talked about issues that are important to the Tri-Valley; Valley Link, Mental Health, Homelessness, Housing and others.
Mayor Marchand 1/18/2024 U.S. Conference of Mayors in Washington D.C. program presentations Attended a program on Entrepreneurship, Small Business, and a presentation by Energy Secretary Granholm.
Mayor Marchand 1/18/2024 U.S. Conference of Mayors in Washington D.C. Meetings Met with Congressional Representatives Swalwell and DeSaulnier talked about issues that are important to the Tri-Valley; Valley Link, Mental Health, Homelessness, Housing and others.
Mayor Marchand 1/18/2024 U.S. Conference of Mayors in Washington D.C. Program presentations Presentation on the relationships between Urban Design, the Arts and Mental Health.
Mayor Marchand 1/19/2024 U.S. Conference of Mayors in Washington D.C. Program presentations Leadership in the arts, Hate speech and City legislative efforts.
Mayor Marchand 1/20/2024 Bay East Association of Realtor Inauguration Att
ended the Inaugural Reception for Incoming President Barbara Clemons.
Mayor Marchand 1/22/2024 Pleasanton Community of Character Collaborative Program Presented Certificates of Recognition to Suzanne Beck for "Dress a Girl Around the World" and to Tri-Valley Reach.
Item 8.0
Council Reports
623
Council Member
Date of Meeting
or Event Committee or Organization
Meeting or Event Type (ex. board
meeting or ribbon cutting)
Vice Mayor Carling 1/10/2024 Alameda County Mayors' Conference Vice Mayor Carling 1/11/2024 StopWaste Board meeting
Vice Mayor Carling 1/16/2024 Valley Dance Theatre
Ribbon cutting at Valley Dance
Theatre
Vice Mayor Carling 1/18/2024 Alameda County Affordable Housing Summit Vice Mayor Carling 1/19/2024 Altamont Landfill Open Space Committee Board meeting Item 8.0
Council Reports
624
Council Member
Date of Meeting
or Event Committee or Organization
Meeting or Event Type (ex. board
meeting or ribbon cutting) Summary of Meeting or Event
Council Member Barrientos 1/22/2024 City Council 24th MLK Jr Fellowship Breakfast Legacy Awards given to several ladies for their leadership and work for the people.
Council Member Barrientos 1/17/2024 Ava Community Energy Board of Directors General Meeting Discussed buying energy and CEO contract.
Item 8.0
Council Reports
625
Council Member
Date of Meeting
or Event Committee or Organization
Meeting or Event Type (ex. board
meeting or ribbon cutting)
Council Member Branning 1/10/2024 Alameda County Mayors Conference GILLIG tour and Mayors' meeting Council Member Branning 1/19/2024 League of California Cities (CalCities) Housing and Economic Development
Policy Committee
Council Member Branning 1/18/2024 Tri-Valley Conservancy Advisory Council Social Item 8.0
Council Reports
626
CITY COUNCIL STAFF REPORT
ITEM NO. 10.2
DATE:
January 22, 2024
TO:
Honorable Mayor and City Council
FROM:
Marianna Marysheva, City Manager
SUBJECT:
Supplemental materials received at the meeting.
RECOMMENDED ACTION
SUMMARY
DISCUSSION
ATTACHMENTS
1. Items Received at the Meeting
Prepared by: Helena Graves
Deputy City Clerk
Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
627
f.6hr.d rt thc l,Jvcmon GIU Coundlmodtgot
2,L
January 22,2024 Jte r.r. 1. D
Livermore City Council Members
Council Chambers
1016 South Livermore Ave.
Livermore, CA 94550
Dear Council Members:
The City Council voted to give the fixed base operator (FBO) two years to start selling unleaded aviation fuel at the airport. This is too long.
The Council can use Airport Enterprise funds to purchase a new 8,500 gallon tank for unleaded fuel.
The current balance of Airport Enterprise funds is between 7 to 8 MILLION dollars. That is more than enough to purchase, and install a new tank for unleaded aviation fuel; estimates range between $300,000 and $400,000.
Why hasn't a new tank been purchased? The city manager said the FBO asked the city NOT to buy a tank . WHY? This is not an acceptable answer. We are not asking for a ban on leaded aviation fuel; only to offer unleaded fuel as an option.
At least 10 California airports now sell unleaded aviation fuel including Hayward ,Oxnard, Reid- Hillview,San Carlos, San Martin, Santa Monica, Long Beach, and Watsonville. The council can direct the FBO to sell UL 94, GAMI 100 or both. GAMI 100 will be available by the end of this year.
Councilmember Carling stated that Livermore needs to focus on getting a second tank certified, and to start selling unleaded aviation fuel as soon as possible. He said Livermore should not be distracted by future fuel possibilities. We agree. UL 94 can be offered now, and GAMI 100 in less than a year.
Recent testing by Tri-Valley Air Quality Climate Alliance shows the highest lead air pollution occurs when pilots of piston engine aircraft are communicating with the tower before take-off. Residents within a 1.5 mile radius of the airport are affected. This includes housing in Somerset, Sage, Montage and the lsabel Neighborhood Specific Plan.
We removed the lead from car fuel, now we need to remove the lead in fuel for piston-engine aircraft. For the health and safety of all Tri-Valley residents, make the purchase of a new tank an urgent priority. Under matters for consideration, please consider shortening the FBO timeline to install unleaded aviation fuel tanks to less than a yeat.
Best,
Donna Cabanne Q"o.r'r,re- Col,l-^,r,.-^-
40 year Livermore resident, member of Siena Club, Center for Biological Diversity, Lead-Free Livermore.
Item 4.0
Public Comment Received
628
1 FY 2022-23 Annual Comprehensive Financial
Report
January 22, 2024
Presented by Tina Olson, Administrative Services Director FY 2022-23 Annual Comprehensive Financial Report
What is it?
Identifies:
• City’s assets (cash, investments, & capital
assets) by fund
• City’s liabilities (pension, retiree medical,
outstanding debt, vacation accruals, & claims
payable) by fund
• Ending fund balances by fund
1 2
Item 5.7
PowerPoint Presentation
629
2 FY 2022-23 Annual Comprehensive Financial Report
What’s Audited?
• Reviews City’s internal controls to help
ensure systems and processes will
prevent fraud and theft
• Verifies cash, investments, capital
assets, and liabilities with outside
entities (banks, bond trustee, CalPERS,
& etc)
FY 2022-23 Annual Comprehensive Financial Report
Audit Reports
• ACFR – all funds
• Alameda County Transportation
Commission (Measures B, BB, and F)
• Compliance with Proposition 111
appropriations limit
• Memorandum of Internal Control
• Required Communications
3 4
Item 5.7
PowerPoint Presentation
630
3 FY 2022-23 Annual Comprehensive Financial Report
Audit Results
• Auditors gave the City an unmodified
clean opinion – 42nd year!
– Staff corrected recording of low-income
housing loans
Questions?
5 6
Item 5.7
PowerPoint Presentation
631