5. Must include the original signature of the record owner or customer of record submitting the protest.
Protests will not be counted if any of the required elements of a written protest are omitted.
Written protests must be received at the address below by 5:00 p.m. on June 9, 2025, if mailed or submitted in person prior to the public hearing. Written protests may also be hand delivered to the City Clerk at the City Council meeting on June 9, 2025, up until the close of the public input portion of the public hearing on the matter.
ATTN: City Clerk (Wastewater Service Charge Protest)
1052 S. Livermore Avenue
Livermore, CA 94550
If prior to the close of the public input portion of the public hearing, written protests are presented by a majority of parcels that receive wastewater services, the City Council will not increase the wastewater service charges from their existing level. Only one written protest per parcel will be counted in calculating a majority protest.
Requirements for a Valid Objection
1. Must include a clear statement that is an objection to the proposed wastewater service charges.
2. Must be filed separately from protests.
3. Must include the name of the record owner or customer of record and the assessor’s parcel number or service address associated with the objector’s parcel that is subject to the proposed wastewater service charges.
4. Must include the specific subsections of the California Constitution Article XIII D, section 6(b) or any other applicable law that the objector believes would be violated by the approval of the proposed wastewater service charges.
5. Must include a detailed explanation, with references to the Wastewater Rate Study, legal authority, and any additional data or evidence the objector chooses to present that will enable the City to understand the grounds for the objector’s claim that the proposed wastewater service charges do not comply with Proposition 218 or any other applicable law.
a. An objection may include expert analysis in support of the objection. b. If an objection includes expert analysis, the expert’s contact information and statement of their qualifications must be included.
6. Must include the original signature of the objector.
To be valid, all written objections must include the information listed above and be received by the City Clerk by 5:00 p.m. on May 12, 2025, at the address below.
ATTN: City Clerk (Wastewater Service Charge Objection)
1052 S. Livermore Avenue
Livermore, CA 94550
226
EXHIBIT A
Failure to timely object in writing bars any right to challenge the proposed wastewater service charges through a legal proceeding and any such action may be limited to issues identified in the challenger’s objection.
If any of the requirements for a valid, written objection are not met, then the objection will be deemed invalid and will not be considered by the City. Objections must be submitted separately from protests and any written submission labeled as both a protest and an objection shall be deemed invalid.
Prior to the close of the public hearing, the City Council shall consider and respond in writing to any timely valid written objection. The City’s response will explain the substantive basis for retaining or altering the proposed wastewater service charges in response to the written objection, and, if applicable, the grounds for not making any amendments in response to the objection.
The proposed wastewater service charges are subject to Government Code section 53759.
You are hereby notified pursuant to Government Code section 53759 that any judicial action or proceeding to attack, review, set aside, void, validate, or annul the City Council’s adoption of the proposed wastewater service charges must be commenced within 120 days of the effective date or the date of the final passage, adoption, or approval of the ordinance or resolution adopting the wastewater service charges, whichever is later.
Why is a Wastewater Service Charge Adjustment Proposed? The Livermore Water Reclamation Plant was built in 1958, with the last major expansion completed over 25 years ago. The City plans to systematically replace and modernize pipelines and facilities as part of its Capital Improvement Plan. This plan has outlined over $100 million that will be invested in Livermore’s wastewater system over the next five years.
Notable projects include Primary and Secondary Treatment Improvements Phase 2, and SCADA Server and Network Upgrades.
In addition to planned capital improvements to the City’s wastewater system and treatment processes, operating expenses are projected to grow by to 5% annually. The drivers of these increases include rising chemical pricing, electricity charges, the cost of materials for general preventative maintenance, and increased expenses to comply with regulatory changes.
How Were the Proposed Wastewater Charges Calculated?
A third-party consultant prepared a 2025 Wastewater Cost of Service Study to determine the total revenue necessary to ensure there will be adequate funding to complete Livermore’s planned wastewater capital improvement projects, along with maintaining reserve funds, preparing for emerging regulatory requirements, and covering the cost of operation, maintenance, construction, and improvement of the facilities used for the collection, treatment, and disposal of wastewater. The Study then proportionately allocated the City’s wastewater rate revenue requirements to each customer class. The rates 227
EXHIBIT A
recommended by this study are the proposed wastewater charges set forth in this notice.
To read the complete Cost of Service Study or learn more about upcoming capital improvement projects, visit www.cityoflivermoreca.gov/wrd. A copy of the study will be mailed upon request.
Proposed Wastewater Service Charges
The City Council will consider the following proposed wastewater service rate updates, set forth in the table below, at the City Council meeting on June 9, 2025.
IMPORTANT DATES
May 12, 2025, Written Objections are due to the City Clerk June 9, 2025
o Public Protests are due
o Public Hearing held to determine in a majority protest exists and if not, Council will adopt the proposed rates.
July 1, 2025, New rates implemented
PLACE HOLDER FOR PROPOSED WASTEWATER
SERVICE CHARGES TABLE
228
1 RESOLUTION NO. ________
IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA
A RESOLUTION APPROVING GUIDELINES FOR THE SUBMISSION AND
TABULATION OF PROTESTS IN CONNECTION WITH RATE HEARINGS
CONDUCTED BY THE CITY OF LIVERMORE PURSUANT TO
ARTICLE XIII D, SECTION 6 OF THE CALIFORNIA CONSTITUTION Article XIIID, Section 6 of the California Constitution requires the City Council to consider written protests to certain proposed increases to utility charges.
This constitutional provision does not offer specific guidance as to who may submit protests, how written protests are to be submitted, or how the City is to tabulate protests.
Upon adoption of this resolution, any and all resolutions, or rules or regulations of this City in conflict with it, shall be repealed and shall have no further force or effect.
This resolution supersedes all prior resolutions of the City to the extent that such resolutions established guidelines for the submission and tabulation of protests in connection with rate hearings conducted by the City pursuant to Article XIIID, Section 6 of the California Constitution.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore as follows: When notice of a public hearing with respect to the adoption or increase of Wastewater, Water or Stormwater charges has been given by the City pursuant to Article XIIID, Section 6(a) of the California Constitution, the following shall apply:
SECTION 1: Definitions.
Unless the context plainly indicates another meaning was intended, the following definitions shall apply in construction of these guidelines.
A. “Parcel” means a County Assessor’s parcel the owner or occupant of which is subject to the proposed charge that is the subject of the hearing B. “Record customer” and “customer of record” mean the person or persons whose name or names appear on the City records as the person who has contracted for, or is obligated to pay for, utility services to a particular utility account
C. “Record owner” or “parcel owner” means the person or persons whose name or names appear on the County Assessor’s latest equalized assessment roll as the owner of a parcel.
D. A “fee protest proceeding” is not an election, but the City Clerk will maintain the confidentiality of protests as provided below and will maintain the security and integrity of protests at all times.
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2 RESOLUTION NO. ________
SECTION 2: Notice Delivery.
Notice of proposed rates and public hearing shall be as follows:
A. The City shall give notice of proposed charges via U.S. mail to all record owners and customers of record served by the City
B. The City will post the notice of proposed charges and public hearing at its official posting sites.
SECTION 3: Protest Submittal.
A. Any record owner or customer of record who is subject to the proposed utility charge that is the subject of the hearing may submit a written protest to the City Clerk, by:
(i) Delivery to the City Clerk’s Office at 1052 S. Livermore Avenue, Livermore, CA during published business hours
(ii) Mail to City Clerk at1052 S. Livermore Avenue, Livermore, CA, or (iii) Personally submitting the protest at the public hearing.
B. Protests must be received by the end of the public hearing, including those mailed to the City. No postmarks will be accepted; therefore, any protest not physically received at the City Clerk’s office by 5:00 p.m. on the day of the public hearing or hand delivered to the City Clerk at the public hearing prior to the close of the public input portion of the public hearing shall not be counted.
C. Because an original signature is required, emailed, faxed and photocopied protests shall not be counted.
D. Although oral comments at the public hearing will not qualify as a formal protest, unless accompanied by a written protest, the City Council welcomes input from the community during the public hearing on the proposed charges.
SECTION 4: Protest Requirements.
A. A written protest must include:
(i) A statement that it is a protest against the proposed charge that is the subject of the hearing.
(ii) Name of the record owner or customer of record who is submitting the protest;
(iii)Identification of assessor’s parcel number, street address, or utility account number of the parcel with respect to which the protest is made;
(iv)Original signature and legibly printed name of the record owner or customer of record who is submitting the protest.
B. Protests shall not be counted if any of the required elements (i thru iv) outlined in the preceding subsection “A.” are omitted.
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3 RESOLUTION NO. ________
SECTION 5: Protest Withdrawal.
Any person who submits a protest may withdraw it by submitting to the City Clerk a written request that the protest be withdrawn. The withdrawal of a protest shall contain sufficient information to identify the affected parcel and the name of the record owner or customer of record who submitted both the protest and the request that it be withdrawn.
SECTION 6: Multiple Record Owners or Customers of Record.
A. Each record owner or customer of record of a parcel served by the City may submit a protest. This includes instances where:
(i) A parcel is owned by more than one record owner or more than one name appears on the City’s records as the customer of record for a parcel, or
(ii) A customer of record is not the record owner, or
(iii) A parcel includes more than one record customer, or (iv)Multiple parcels are served via a single utility account, as master- metered multiple family residential units.
B. Only one protest will be counted per parcel as provided by Government Code Section 53755(b).
SECTION 7: Transparency, Confidentiality, and Disclosure.
A. A. To ensure transparency and accountability in the fee protest tabulation while protecting the privacy rights of record owners and customers of record, protests will not be disclosable public records until tabulation begins following the public hearing.
B. Once a protest is opened during the tabulation, it becomes a disclosable public record, as required by state law and will be maintained in City files for two years.
SECTION 8: City Clerk.
The City Clerk shall not accept as valid any protest if he or she determines that any of the following is true:
A. The protest does not state its opposition to the proposed charges.
B. The protest does not name the record owner or record customer of the parcel identified in the protest as of the date of the public hearing.
C. The protest does not name the record owner or record customer of the parcel identified in the protest as of the date of the public hearing.
D. The protest does not identify a parcel served by the City that is subject to the proposed charge.
E. The protest does not bear an original signature of the named record owner of, or record customer with respect to, the parcel identified on the protest.
Whether a signature is valid shall be entrusted to the reasonable judgment of the City Clerk, who may consult signatures on file with the County Elections Official.
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4 RESOLUTION NO. ________
F. The protest was altered in a way that raises a fair question as to whether the protest actually expresses the intent of a record owner or a customer of record to protest the charges.
G. The protest was not received by the City Clerk by the deadlines set forth in Section 3.
H. A request to withdraw the protest was received prior to the close of the public hearing on the proposed charges.
SECTION 9: City Clerk’s Decisions Final.
The City Clerk’s decision that a protest is not valid shall constitute a final action of the City and shall not be subject to any internal appeal.
SECTION 10: Majority Protest.
A. A majority protest exists if written protests are timely submitted and not withdrawn by the record owners of, or customers of record with respect to, a majority (50% plus one) of the parcels subject to the proposed charge.
B. While the City may inform the public of the number of parcels served by the City when a notice of proposed rates is mailed, the number of parcels with active customer accounts served by the City on the date of the hearing shall control in determining whether a majority protest exists.
SECTION 11: Tabulation of Protests.
At the conclusion of the public hearing, the City Clerk shall tabulate all protests received and shall report the result to the City Council. If the number of protests received is insufficient to constitute a majority protest, the City Clerk may determine the absence of a majority protest without validating the protests received but may instead deem them all valid without further examination.
SECTION 12: Report of Tabulation.
If at the conclusion of the public hearing, the City Clerk determines that he or she will require additional time to tabulate the protests, he or she shall so advise the City Council, which may adjourn the meeting to allow the tabulation to be completed on another day or days. If so, the City Council shall declare the time at which the meeting shall be resumed to receive and act on the tabulation report of the City Clerk.
SECTION 13: This resolution will become effective immediately upon adoption.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore, that from the date of recordation of this Resolution, The guidelines and tabulation procedure will become effective immediately upon adoption.
On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on March 10, 2025, by the following vote:
232
5 RESOLUTION NO. ________
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Deborah L. Elam
City Clerk
APPROVED AS TO FORM:
/s/ Tara Mazzanti
Tara Mazzanti
Senior Assistant City Attorney
233
CITY COUNCIL STAFF REPORT
ITEM NO. 6.1
DATE:
March 10, 2025
TO:
Honorable Mayor and City Council
FROM:
Brent Smith, Community Development Director
SUBJECT:
Public hearing adding Assessor's Parcel Number 904-0010-002-10 (SMP 40 project, located at the southern end of Discovery Drive and Atlantis Court) to the Future Annexation Area for the City of Livermore Community Facilities District No. 2021-1 (Maintenance and Public Services) and authorizing and directing actions related thereto.
RECOMMENDED ACTION
Staff recommends the City Council take the following actions in connection with the proposed addition of Assessor's Parcel Number 904-0010-002-10 (SMP 40 project, located at the southern end of Discovery Drive and Atlantis Court) to the Future Annexation Area for the City of Livermore Community Facilities District No. 2021-1 (Maintenance and Public Services):
1 .
Conduct the public hearing and consider written and oral protests; and 2 .
Adopt the resolution adding Assessor 's Parcel Number 904-0010-002-10 to the Future Annexation Area for the City of Livermore Community Facilities District No. 2021-1 (Maintenance and Public Services).
SUMMARY
The City Council previously established City of Livermore Community Facilities District No. 2021-1 (Maintenance and Public Services) (CFD2021-1) under the Mello-Roos Community Facilities Act of 1982, as amended (Mello Roos Act), to finance a broad range of municipal services in the City. The City also established a future annexation area for CFD 2021-1 (Future Annexation Area); properties in the Future Annexation Area can annex into the CFD using a streamlined procedure.
The SMP 40 project, located at the southern end of Discovery Drive and Atlantis Court, was conditioned to annex into the City limits and to participate in a maintenance district to finance the maintenance, operation, and replacement of an on-site trail and other services associated with the project. The developer, Overton Moore, is seeking to fulfill this obligation by requesting inclusion into the Future Annexation Area following formal annexation to City limits. Formal annexation to the City was approved in August of 2024 and the parcel can now be added to the CFD 2021-1 Future Annexation Area.
234
On January 27, 2025 the City Council adopted a resolution declaring the intention to add Assessor
Parcel Number 904-0010-002-10 to the Future Annexation Area for CFD 2021-1 and calling a public hearing.
DISCUSSION
Development projects with new public trails, landscaping, or water quality and drainage infrastructure are required, through conditions of approval, to provide funding for the long-term maintenance and replacement of this infrastructure. This is typically done by forming a Community Facilities District (CFD).
Forming a CFD is a time consuming and costly process requiring City Council approval at two meetings separated between 30 and 60 days. A more efficient and less costly process is to form a CFD with a future annexation area that includes the entire City. Development projects conditioned to provide maintenance funding can then annex into the CFD through a simple process with the unanimous consent of the annexing property owners.
Under the Mello-Roos Act, the parcels in the future annexation area for a CFD are not subject to the special tax levied in the CFD until they annex into the CFD. Properties in the Future Annexation Area may annex into the CFD if the owners execute a unanimous approval in which they agree to annex their parcel(s) into the CFD and vote in favor of the special tax, without any further public hearings or proceedings. By establishing a future annexation area for a CFD, the annexation of future development projects is streamlined by eliminating the need for multiple City Council meetings for each annexation proceeding.
On July 12, 2021, CFD 2021-1 was formed with a future annexation area that encompassed the entire boundary of the City at that time.
On March 25, 2024, the City Council approved Vesting Tentative Parcel Map 11219 for the SMP 40 parcel located just south of City limits at the end of Atlantis Court and Discovery Drive. The project was conditioned to annex into City limits and participate in a CFD to fund the maintenance of an on-site public trail. The developer, Overton Moore, is seeking to fulfill this obligation by requesting inclusion into the Future Annexation Area of CFD 2021-1 following formal annexation to City limits. Formal annexation to the City was approved in August of 2024 and the parcel can now be added to the CFD 2021-1 boundary.
On January 27, 2025 the City Council adopted a resolution declaring the intention to add Assessor Parcel Number 904-0010-002-10 to Future Annexation Area for the City of Livermore Community Facilities District No. 2021-1 (Maintenance and Public Services) and calling a public hearing.
On March 10, 2025 the City Council will conduct the public hearing. The public hearing provides an opportunity for public inquiry into the addition of territory to the future annexation area. The proposed addition of the SMP 40 parcel to the Future Annexation Area must stop if written protests have been filed with the City Clerk by (i) 50% or more of the registered voters, or six registered voters, whichever is more, residing in the boundaries of CFD 2021-1, or (ii) 50% or more of the registered voters, or six registered voters, whichever is more, residing in the SMP 40 parcel, or (iii) owners of one-half or more of the area of land in CFD 2021-1, or (iv) the owner(s) of the SMP 40 parcel. At the conclusion of the public hearing, assuming there have not been sufficient protest to halt the proceeding, the City Council is asked to consider and adopt a resolution adding Assessor 's Parcel Number 904-0010-002-10 to the Future Annexation Area for CFD 2021-1.
235
Following the public hearing, the subject parcel that was added to the Future Annexation Area will now be able to annex into CFD 2021-1 without any requirement for further public hearings or additional proceedings if their owners execute a unanimous approval (Unanimous Approval). Under the Mello-Roos Act, this constitutes the vote of the qualified elector in favor of the matters addressed in the Unanimous Approval for purposes of California law.
FISCAL AND ADMINISTRATIVE IMPACTS
The City will administer CFD 2021-1 on an annual basis and will budget for, and manage, the necessary maintenance, operation, replacement, and administration. All related expenditures will be paid by the special taxes levied in CFD 2021-1.
COMMUNITY PILLAR
2: Economy That Prospers
GOAL
5: Facilitate the development of commercial and industrial projects that provide high-quality local jobs and support a diverse local economy.
ATTACHMENTS
1. Annexation Area Map
2. Resolution
Prepared by: Debbie Salgado
Senior Civil Engineer
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
236
ATTACHMENT 1
237
ATTACHMENT 1
238
1 RESOLUTION NO. ________
IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA A RESOLUTION ADDING ASSESSOR’S PARCEL NUMBER 904-0010-
002-10 TO THE FUTURE ANNEXATION AREA FOR THE CITY OF
LIVERMORE COMMUNITY FACILITIES DISTRICT NO. 2021-1
(MAINTENANCE AND PUBLIC SERVICES), AND AUTHORIZING AND
DIRECTING ACTIONS RELATED THERETO
The City of Livermore (the “City”) is a general law city organized under the Constitution and the laws of the State of California.
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”), this Council is authorized to establish a community facilities district and to act as its legislative body.
On May 25, 2021, this Council adopted its Resolution 2021-077, entitled “A Resolution Declaring the Intention to Establish a Community Facilities District, and Authorizing and Directing Actions Related Thereto” (the “Resolution of Intention”), and has conducted proceedings (the “Proceedings”) to establish “City of Livermore Community Facilities District No. 2021-1 (Maintenance and Public Services)” (the “CFD”) and a future annexation area (the “Future Annexation Area”) 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 held a public hearing under the Act on July 12, 2021, relative to the determination to proceed with the formation of the CFD and the Future Annexation Area and the rate and method of apportionment of the special tax (“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 Future Annexation Area 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 on July 12, 2021, this Council adopted its Resolution No. 2021-129, entitled “A Resolution Forming a Community Facilities District and a Future Annexation Area, and Authorizing and Directing Actions Related Thereto” (the “Resolution of Formation), pursuant to which it completed the Proceedings for the establishment of the CFD and the Future Annexation Area, 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, respectively.
On July 12, 2021, 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. 239
2 RESOLUTION NO. ________
On January 27, 2025, this Council adopted its Resolution No. 2025-009, entitled “A Resolution Declaring the Intention to Add Assessor’s Parcel Number 904-0010-002- 10 to the Future Annexation Area for the City of Livermore Community Facilities District No. 2021-1 (Maintenance and Public Services), and Authorizing and Directing Actions Related Thereto” (the “Subject Property Resolution of Intention”), pursuant to which this Council determined that it is in the public convenience and necessity to undertake proceedings to provide for the future annexation of a parcel identified as Assessor’s Parcel Number 904-0010-002-10 (the “Subject Property”) to the CFD by adding the Subject Property to the Future Annexation Area pursuant to the Act.
The Subject Property Resolution of Intention, incorporating a map of the boundaries of the Subject Property, is on file with the City Clerk and the provisions thereof are incorporated herein by this reference as if fully set forth herein.
On this date, this Council held a noticed public hearing as required by the Act and the Subject Property Resolution of Intention relative to the proposed addition of the Subject Property to the Future Annexation Area.
At the hearing all interested persons desiring to be heard on all matters pertaining to the addition of the Subject Property to the Future Annexation Area were heard and a full and fair hearing was held.
Written protests have not been filed with the City Clerk against the proposed addition of the Subject Property to the Future Annexation Area to the CFD by (i) 50% or more of the registered voters, or six registered voters, whichever is more, residing in the boundaries of the CFD, or (ii) 50% or more of the registered voters, or six registered voters, whichever is more, residing in the Subject Property, (iii) owners of one-half or more of the area of land in the CFD or (iv) the owner(s) of the Subject Property.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LIVERMORE AS FOLLOWS:
Section 1. Recitals Correct. The foregoing recitals are true and correct.
Section 2. No Majority Protest. The proposed addition of the Subject Property to the Future Annexation Area has not been precluded by majority protest pursuant to Section 53339.6 of the Act.
Section 3. Prior Proceedings Valid. All prior proceedings taken by this City Council in connection with the proposed addition of the Subject Property to the Future Annexation Area have been duly considered and are hereby found and determined to be valid and in conformity with the Act.
Section 4. Addition of the Subject Property to the Future Annexation Area.
The Subject Property is hereby added to the Future Annexation Area pursuant to the Act. 240
3 RESOLUTION NO. ________
Section 5. Boundaries of Subject Property and the Future Annexation Area. The boundaries of the Subject Property and the revised boundaries of the Future Annexation Area, as set forth in the map heretofore recorded in the Alameda County Recorder’s Office on February 5, 2025, at 9:08 a.m., in Book 19 of Maps of Assessment and Community Facilities Districts at Pages 59-60, as Document No. 2025015974 are hereby approved.
Section 6. Description of Services. The type of services to be financed by the CFD and the Future Annexation Area, including the Subject Property, pursuant to the Act shall consist of those listed in Exhibit A to the Resolution of Formation and hereby incorporated herein (the “Services”). The City intends to provide the Services on an equal basis in the original territory of the CFD and, as parcels in the Future Annexation Area (including the Subject Property) are annexed to the CFD, to those annexed parcels.
Section 7. Special Tax. The proposed rate and method of apportionment of the Special Tax among the parcels of real property within the CFD were shown in Exhibit B attached to the Resolution of Formation and are hereby incorporated herein.
Territory in the Future Annexation Area (including the Subject Property) will be annexed into the CFD and a special tax will be levied on such territory only with the Unanimous Approval of the owner or owners of each parcel or parcels at the time that parcel or those parcels are annexed into the CFD. Except to the extent that funds are otherwise available to the CFD to pay for the Services, a special tax sufficient to pay the costs thereof, secured by the recordation of a continuing lien against all non-exempt real property in the Future Annexation Area, is intended to be levied annually within the Future Annexation Area, and collected in the same manner as ordinary ad valorem property taxes or in such other manner as may be prescribed by this City Council. As required by Section 53339.3(d) of the Act, the Council hereby determines that the special tax proposed to pay for Services to be supplied within the Future Annexation Area shall be equal to any special tax levied to pay for the same Services in the existing CFD, except that a higher or lower tax may be levied within the Future Annexation Area to the extent that the actual cost of providing the Services in the Future Annexation Area is higher or lower than the cost of providing those Services in the existing CFD. In so finding, the Council does not intend to limit its ability to levy a special tax within the Future Annexation Area to provide new or additional services beyond those supplied within the existing CFD.
Section 8. Effective Date. This resolution shall take effect upon its adoption by this Council.
On the motion of Council Member ____________, seconded by Council Member _______________, the foregoing resolution was passed and adopted on March 10, 2025, by the following vote:
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4 RESOLUTION NO. ________
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Deborah L. Elam
City Clerk
APPROVED AS TO FORM:
/s/ Molly A. O’Toole
Molly A. O’Toole
Assistant City Attorney
242
CITY COUNCIL STAFF REPORT
ITEM NO. 10.1
6.1 Public hearing adding Assessor's Parcel Number 904-0010-002-10 (SMP 40 project, located at the southern end of Discovery Drive and Atlantis Court) to the Future Annexation Area for the City of Livermore Community Facilities District No. 2021-1 (Maintenance and Public Services) and authorizing and directing actions related thereto.
Material: PowerPoint Presentation
8.0 Council Committee Reports and Matters Initiated by City Manager, City Attorney, Staff, and Council Members.
Material: Council Reports
DATE:
March 10, 2025
TO:
Honorable Mayor and City Council
FROM:
Marianna Marysheva, City Manager
SUBJECT:
Supplemental materials received prior to the meeting.
RECOMMENDED ACTION
SUMMARY
These materials were posted online and made available to the public at the same time that they were distributed to the City Council.
DISCUSSION
ATTACHMENTS
1. Supplemental Materials
Prepared by: Ashley Zieba
Assistant City Clerk
243
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
244
Item 6.1
PowerPoint Presentation
245
2 CFD 2021-1
• CFD No. 2021-1 was formed in July of 2021 to provide a funding mechanism for new development projects to maintain public amenities and infrastructure
• The CFD was formed with a streamlined process to annex a new projects into the district. The new process only takes one City Council meeting
• The CFD was formed with a boundary that coincided with the entire City limits at that time
• Boundary changes to the CFD require a public hearing to be followed by an annexation as a consent item at a future Council meeting SMP 40
• The SMP 40 industrial project was approved in March 2024 • SMP 40 annexed into the City limits in August 2024
• Conditioned to annex into CFD 2021-1 to maintain a public trail • SMP 40 can now be added to the Future CFD Annexation Area • SMP 40 will be annexed into the CFD at a future date
3 4
Item 6.1
PowerPoint Presentation
246
Item 6.1
PowerPoint Presentation
247
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 2/26/2025 Livermore Valley Chamber of Commerce Board meeting Approved financials and provided an update of City activities.
Mayor Marchand 2/26/2025 Tri-Valley Cities Council Meeting Received legislative updates from League of California Cities and Townsend and Associates
Mayor Marchand 2/27/2025 Alameda County Transportation
Commission Commission Meeting Received the legislative update and approved FY 2025-26 Transportation Fund for Clean Air Expenditure Plan
Mayor Marchand 3/1/2025 Hindu Community and Cultural Center Grant award presentation Participated in the Award of Grants and recognized the 25th year of the program.
Mayor Marchand 3/2/2025 Livermore Downtown, Inc. Half Marathon Welcomed the over 3,000 runners from over 30 states,
the UK and Germany. It is recognized as one of the most beautiful courses in the Bay Area.
Mayor Marchand 3/3/2025 City Council
Special meeting of the City
Council, Planning Commission
interviews
Selected two new Planning Commissioners, Nadine
Horner and Charity Steele.
Mayor Marchand 3/5/2025 Chamber of Commerce Business Alliance Zoom meeting Provided a City update and heard a presentation from LVJUSD Superintendent Dr. Gibson.
Mayor Marchand 3/6/2025 Bay East Association of Realtors Real Estate summit State of Real Estate and a conversation about emergency response.
Mayor Marchand 3/6/2025 City of Livermore Key to the City I provided a talk on the history of Livermore.
Mayor Marchand 3/7/2025 San Joaquin Regional Rail Commission Commission meeting Approved auditor's Report, the ACE Fair Program and
heard updates on special event trains and the operating budget.
Mayor Marchand 3/8/2025 City of Livermore Exhibit Attended the reception for the Future is Now Art Exhibit and the Civic Center Library
Mayor Marchand 3/8/2025 Scouts of America Eagle Scout Courts of Honor for Calen Casto and Joshua Hydrick Presented Certificates of Recognition Mayor Marchand 3/10/2025
Alameda County Transportation
Commission Planning, Policy and
Legislative Committee
Committee meeting Received legislative update and approved paratransit resolution.
Item 8.0
Council Reports
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Council Member
Date of
Meeting or
Event
Committee or Organization Meeting or Event Type (ex. board meeting or ribbon cutting)
Vice Mayor Branning 2/26/2025 Tri-Valley Cities Tri-Valley Cities Meeting Vice Mayor Branning 2/27/2025 League of California Cities East Bay Division Meeting with State Vice Mayor Branning 2/28/2025 Shakespeare & Performing Arts Regional Trivia Night Fundraiser Vice Mayor Branning 3/3/2025 Livermore Amador Valley Transit Authority Board of Director's meeting Vice Mayor Branning 3/4/2025 City of Livermore Coffee with the Attorney's Office.
Vice Mayor Branning 3/6/2025 Bay East Association of Realtors Bay East Summit Vice Mayor Branning 3/7/2025 Livermore Amador Valley Water Management Interview regarding waste water recycling Item 8.0
Council Reports
249
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 Dunbar 3/3/2025 City of Livermore Reading Recognizing Dr. Seuss's birthday and Read Across America Week, I read to classes at Altamont Creek School
Item 8.0
Council Reports
250
Council Member
Date of
Meeting or
Event
Committee or Organization
Meeting or Event Type (ex.
board meeting or ribbon
cutting)
Summary of Meeting or Event
Council Member Wang 2/25/2025 Livermore Amador Valley Transit Authority (LAVTA)
Finance and Administration
meeting
Received the treasurer's report; voted to forward the operations and maintenance contract for MV transportation to the LAVTA Board for approval Council Member Wang 2/26/2025 Tri-Valley Cities Councils Quarterly dinner meeting Received federal and state legislative updates Council Member Wang 2/26/2025 StopWaste Monthly Board meeting The agency received a Dept. of Energy grant to transition school districts from single-use to reusable foodware; overview Bay Area Regional Energy Network (BayREN) Council Member Wang 2/27/2025 League of California Cities Annual East Bay cities dinner and meeting
Received updates from four local state legislators, including our Asm. Rebecca Bauer- Kahan
Council Member Wang 2/28/2025 Assemblymember Rebecca Bauer-Kahan Virtual meeting Provided legislative updates; she will hold a town hall in Pleasanton in April Council Member Wang 2/28/2025 SPARC Theater Trivia night fundraiser Team Brown Act with with other electeds and staff Council Member Wang 3/1/2025 Livermore Public Library AI, robotics, and engineering event Terrific presentations by LLNL, Quest Science, and others; great community turnout Council Member Wang 3/3/2025 Livermore Amador Valley Transit Authority (LAVTA) Monthly Board meeting
Voted to award the operations and maintenance contract to MV Transportation; Vice Mayor Branning and I had to leave the meeting after that for the Planning Commission interviews
Council Member Wang 3/3/2025 Livermore Planning Commission Interviews for two vacant seats Interviewed seven community members; selected Charity Steele and Nadine Horner Council Member Wang 3/6/2025 Bay East Association of Realtors Real estate summit Received update on the local real estate market; discussion with Altadena resident and realtor on the Eaton Fire; roundtable discussion with local mayors and councilmembers Council Member Wang 3/6/2025 Livermore Climate Action Team Monthly meeting Discussed various climate projects Council Member Wang 3/7/2025 Tri-Cities Caucus Virtual meeting on federal policy Presentation and discussion on federal policy with new Administration Council Member Wang 3/9/2025 Boa Ventura de Caires Winery Wine release party Well-attended event Item 8.0
Council Reports
251