Agenda packet — Livermore City Council, November 10, 2025

CITY COUNCIL

REVISED AGENDA
MONDAY, NOVEMBER 10, 2025
REGULAR MEETING – 7:00 PM
CLOSED SESSION - 6:40 PM
*Item 1.2 has been removed from the agenda and the Closed Session start time has been updated.

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

CIVIC CENTER MEETING HALL

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

Comcast TV Channel 29
tv29live.org
John P Marchand, Mayor
Evan Branning, Vice Mayor
Ben Barrientos, Council Member
Steven Dunbar, Council Member
Kristie Wang, Council Member
Livermore City Council Agenda November 10, 2025
1 1. CLOSED SESSION - 6:40 PM
Roll Call
Opportunity for the Public to Address City Council Regarding Closed Session Items Adjourn to Closed Session
Note: This Closed Session may be continued to the end of the Regular Meeting.

1.1 Public Employee Performance Evaluation. City Attorney Goal Setting for 2025-2026 Review, pursuant to Government Code section 54957.

1.2 Conference with Legal Counsel – Existing Litigation. To meet with legal counsel pursuant to Government Code section 54956.9(d)(1) to discuss litigation that has been formally initiated.

One Case.

Lee v. City of Livermore, Alameda County Superior Court Case No. 24CV075859

2. CALL TO ORDER

3. PROCLAMATIONS AND PRESENTATIONS

3.1 Livermore Human Services Commission Annual Update presented by Chair Elizabeth McWhorter.

Recommendation:

Staff recommends the City Council receive the Livermore Human Services Commission annual update.

Staff Report

3.2 Livermore Downtown Inc. annual update presented by Kara Klotchman, Executive Director.

Recommendation:

Staff recommends the City Council receive the annual update from Livermore Downtown Inc.

Staff Report

4. ADVISORY BODY APPOINTMENTS - NONE

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

PLEDGE OF ALLEGIANCE

REPORT OF ACTION TAKEN IN CLOSED SESSION

Livermore City Council Agenda November 10, 2025
2 5. OPEN FORUM
In conformance with the Brown Act, no City Council action can occur on items presented during Open Forum.

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

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

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

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

6.1 Approval of draft minutes - October 27, 2025 Regular Meeting Recommendation:

Staff recommends the City Council approve the draft minutes.

Staff Report
Attachments:

1. DRAFT 2025-10-27

6.2 Resolution authorizing the City Manager to execute the Second Amendment to the Purchase and Sale Agreement with Mr. Michael Messinger to amend the initial use of the property from a restaurant with bar to a restaurant with bar or event center at 2324 Second Street.

Recommendation:

Staff recommends the City Council approve the resolution authorizing the City Manager to sign, on behalf of the City of Livermore, the Second Amendment to the Purchase and Sale Agreement with Mr. Michael Messinger to amend the initial use of the property from a restaurant with bar to a restaurant with bar or event center with bar at 2324 Second Street.

Staff Report
Attachments:

1. Location Map

2. Proposed Architecture

3. Resolution

4. Exhibit A - Second Amendment to Agreement

6.3 Resolution authorizing the display of the Prisoner of War / Missing in Action (POW-MIA) flag for the week of November 11-16, 2025.

Livermore City Council Agenda November 10, 2025
3 Recommendation:

Staff recommends the City Council adopt a resolution authorizing the display of the Prisoner of War / Missing in Action (POW-MIA) flag on the flagpole at the Civic Center Campus for the week of November 11-16, 2025.

Staff Report
Attachments:

1. Resolution

7. PUBLIC HEARINGS - NONE

8. MATTERS FOR CONSIDERATION - NONE

9. COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED BY CITY

MANAGER, CITY ATTORNEY, AND COUNCIL MEMBERS

10. ADJOURNMENT
To a Regular City Council meeting on Monday, November 24, 2025 at 7:00 pm, Civic Center Meeting Hall, City Council Chamber, 1016 S. Livermore Avenue.

11. SUPPLEMENTAL MATERIALS

11.1 Supplemental materials received prior to the meeting.

Staff Report
Attachments:

1. Supplemental Materials

11.2 Supplemental materials received at the meeting.

Staff Report
Attachments:

1. Item Received at the Meeting

12. HOW TO PARTICIPATE IN YOUR CITY COUNCIL MEETING
You can participate in the meeting in a number of ways:

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

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

Livermore City Council Agenda November 10, 2025
4 a speaker card to the City Clerk prior to the start of the presentation of the item.

Other Agenda Items
are also open for public input including Advisory Body Appointments, Consent Calendar, or Matters for Consideration items. These comments are also subject to the 3-minute limit. Public comment is not accepted on Proclamations and Presentations.

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

Platforms to Participate in Meetings:

Submission of Comments Prior to the Meeting:

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

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

Submission of Comments During the Meeting:

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

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

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

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

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

The
City Council Agenda and Agenda Reports
are prepared by City staff and are available
for public review on Tuesday evening, six days prior to the City Council meeting in the Civic Center Library, 1188 South Livermore Avenue, Livermore, and at the City Clerk’s Office, 1052 South Livermore Avenue, Livermore. The Agenda is also available on the City’s website, Livermore City Council Agenda
November 10, 2025

5 http://LivermoreCA.gov/agenda
.

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

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

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

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

ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PUBLIC MEETING, PLEASE

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

Livermore City Council Agenda
November 10, 2025

6 CITY COUNCIL STAFF REPORT
ITEM NO. 3.1

DATE:

November 10, 2025
TO:

Honorable Mayor and City Council
FROM:

Brent Smith, Community Development Director
SUBJECT:

Livermore Human Services Commission Annual Update presented by Chair Elizabeth McWhorter.

RECOMMENDED ACTION

Staff recommends the City Council receive the Livermore Human Services Commission annual update.

DECISION TYPE
Not Applicable

SUMMARY

DISCUSSION

ATTACHMENTS

Prepared by: Josh Thurman
Human Services Programs Manager

DATE:

November 10, 2025
TO:

Honorable Mayor and City Council
FROM:

Brandon Cardwell, Innovation and Economic Development Director SUBJECT:

Livermore Downtown Inc. annual update presented by Kara Klotchman, Executive Director.

RECOMMENDED ACTION

Staff recommends the City Council receive the annual update from Livermore Downtown Inc.

DECISION TYPE
Not Applicable

SUMMARY

DISCUSSION

ATTACHMENTS

Prepared by: Theresa de la Vega
Management Analyst II

DATE:

November 10, 2025
TO:

Honorable Mayor and City Council
FROM:

Marianna A. Burch, City Manager
SUBJECT:

Approval of draft minutes - October 27, 2025 Regular Meeting

RECOMMENDED ACTION

Staff recommends the City Council approve the draft minutes.

DECISION TYPE
Administrative

SUMMARY

DISCUSSION

ATTACHMENTS

1. DRAFT 2025-10-27

Prepared by: Debbie Elam
City Clerk

DRAFT MINUTES
CI

TY COUNCIL
OCTOBER 27, 2025
________________________________________________________________ RE

GULAR MEETING

1. CLOSED SESSION - NO NE

2. CALL TO ORDER – T he meeting of the City Council was called to order by Mayor John Marchand at 7:00 pm, held in person at 1016 S. Livermore Avenue.

R
OLL CALL – Present: Mayor John Marchand, Vice Mayor Evan Branning, Council Members Ben Barrientos, Steven Dunbar, and Kristie Wang.

LEDGE OF ALLEGIANCE

3. PROCLAMATIONS AND PRESENTATIONS

3.1 Alameda County Mosquito Abatement District update presented by Ryan Clausnitzer, General Manager and Dr. Maya Manoharan, Livermore Trustee
R
yan Clausnitzer, General Manager and Dr. Maya Manoharan, Livermore Trustee gave a brief presentation.

3.2 Proclamation declaring October 2025 as Domestic Violence Awareness Month, presented to Christine Dillman, Tri-Valley Haven Director M
ayor Marchand presented the proclamation to Christine Dillman, Tri -Valley Haven Director.

M
ayor Marchand announced that item 7.1 would be continued to the November 24, 2025, City Council meeting.

3.3 Airport Commission Annual Update to City Council presented by Chair Darin Bishop and Benedict Stuth, Airport Manager
C
hair Darin Bishop and Benedict Stuth, Airport Manager gave a brief presentation.

4. ADVISORY BODY APPOINTMENTS - NO NE

5. OPEN F ORUM
ATTACHMENT 1
10 CM/75/2 Minutes OCTOBER 27, 2025
Mayor Marchand opened the public comment period.

S
herri Souza provided a comment.

B
ill Aboumrad provided a comment.

S
andi Gomes provided a comment.

D
onna Cabanne provided a comment.

S
hirley Lewandowski provided a comment.

K
arl D. Wente provided a comment.

T
here were no more speakers, and the public comment period was closed.

6. CONSENT CALENDAR
Ma
yor Marchand requested a presentation on Item 6.4
A
ndy Ross, Principal Planner, presented the item.

M
ayor Marchand opened the public comment period.

I
tem 6.4 Sherri Souza provided a comment.

I
tem 6.4 Lori Souza provided a comment.

I
tem 6.3 Alan Marling provided a comment.

I
tem 6.4 Karl D. Wente provided a comment.

I
tem 6.4 Mark Clarin provided a comment.

T
here were no more speakers, and the public comment period was closed.

M
ayor Marchand re- ordered the agenda and moved Item 6.6 from the Consent Calendar for separate discussion and action after Item 8.1 ON

THE MOTION OF VICE MAYOR BRANNING, SECONDED BY COUNCIL
MEMBER BARRIENTOS, AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL APPROVED CONSENT CALENDAR WITH THE EXCEPTION OF ITEM 6.6.

6.1 Approval of draft minutes October 13, 2025 Regular Meeting

6.2 Resolution 2025-173 awarding a construction contract with BuildCorp, Inc., in an amount not-to-exceed $617,951, for Street Lighting Project TC201923.

ATTACHMENT 1
11 OCTOBER 27, 2025 Minutes CM/75/3

6.3 Resolution 2025-174 authorizing execution of an agreement with the Alameda County Transportation Commission administered 2026 Comprehensive Investment Plan that provides $825,000 in funding for the Stanley Boulevard at Isabel Avenue Connector Ramp Crossing Improvements Project TC202133

6.4 Resolutions 2025-175 and 2025- 176 authorizing execution of a cooperation agreement with Alameda County to reimburse the City with County funding in an amount not -to-exceed $700,000 for project management and engineering services for the South Livermore Valley Sewer Extension Project WW202313; and authorizing, subject to Alameda County approving the cooperation agreement, a supplemental appropriation of $700,000 in Alameda County funding to the CIP Wastewater Fund 621 in the FY 2025- 26 budget and execution of an agreement with Carollo Engineers, Inc., in an amount not -to- exceed $629,000 and a term ending December 31, 2026, to provide engineering analysis and prepare a basis of design report for the South Livermore Valley Sewer Extension Project WW202313.

6.5 Resolution 2025-177 accepting the FY 2024-25 Year-End Budget Report, allocating the General Fund Surplus for various purposes, allocating surplus member contributions to Livermore /Pleasanton Fire Department (LPFD), appropriating additional budget to those funds that ended FY 2024- 25 with expenditures in excess of budget, and appropriating additional budget in FY 2025- 26 IT
EM 6.6 WAS MOVED BY THE MAYOR TO BE HEARD AFTER ITEM 8.1

7. PUBLIC HEARINGS

7.1 Hearing to consider a request to approve a Planned Development (PD) 25-001, Subdivision (SUB) 20 -004, and Site Plan Design Review (SPDR) 21- 001 to allow a two -story, attached, 13- unit multi -family, townhome -style development located at 3541 East Avenue.

Not
heard – Continued to November 24, 2025.

8. MAT

TERS FOR CONSIDERATION

8.1 Re
solution approving an amendment to the City Manager's
employment contract.

Re
commendation: The Evaluation Subcommittee recommended the City Council adopt a resolution approving an amendment to the City Manager's employment contract.

Ti
na Olson, Administrative Services Director, presented the staff report.

May
or Marchand opened the public comment period.

ATTACHMENT 1
12 CM/75/4 Minutes OCTOBER 27, 2025
There were no speakers, and the public comment period was closed.

ON T

HE MOTION OF COUNCIL MEMBER DUNBAR, SECONDED BY COUNCIL MEMBER WANG AND CARRIED ON A 5 -0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION:

Re
solution 2025-178 approving an amendment to the City Manager's employment contract.

6.6 Resolution 2025-179 approving the City of Livermore Salary Plan to reflect salary increases to Executive Management (excluding Police Chief) and the City Manager effective November 17, 2025, and minimum wage increases effective December 29, 2025.

ON T

HE MOTION OF VICE MAYOR BRANNING, SECONDED BY COUNCIL
MEMBER WANG AND CARRIED ON A 5 -0 VOTE, THE CITY COUNCIL ADOPTED THE RESOLUTION.

9. COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED BY CITY

MANAGER, CITY ATTORNEY, STAFF AND COUNCIL MEMBERS
THE

MAYOR AND CITY COUNCIL MEMBERS PROVIDED A SUMMARY OF

RECENTLY ATTENDED EVENTS AND MEETINGS IN ADDITION TO THE INFORMATION PROVIDED IN THE SUPPLEMENTAL PACKET. COUNCIL

MEMBERS WHO DID NOT PROVIDE A SUMMARY IN THE SUPPLEMENTAL PACKET ARE INCLUDED BELOW.

Tri-V
alley Water Liaison Committee Council Member Dunbar noted his attendance at the Committee meeting of October 20, 2025.

Ci
ty of Livermore Mayor Marchand noted his attendance at the City’s Trunk or Treat event on October 22, 2025.

Counc
il Member Dunbar noted a recent motorcycle fatality; urged residents to practice safe driving particularly on Halloween.

Ci
ty Council directed staff to conduct outreach, review, and provide recommendations for next steps related to the City’s temporary sign ordinance.

Ci
ty Council directed staff to review and recommend possible remedies regarding illegal food vendors within City limits.

Ci
ty Council directed staff to return to Council with an item to consider flying the Prisoner of War (POW) Veteran’s flag during the Veteran’s Day holiday week.

Ci
ty Council directed staff to return to Council with an update to the City Council compensation.

ATTACHMENT 1
13 OCTOBER 27, 2025 Minutes CM/75/5

10. ADJOURNMENT – at 8 :22 pm to a Regular City Council Meeting on Monday, November 10, 2025 at 7:00 pm, Civic Center Meeting Hall, City Council Chamber, 1016 S. Livermore Avenue.

APPRO
VED:

JO HN P. MARCHAND, MAYOR
ATTE
ST: ___
DEBO RAH L. ELAM, CITY CLERK
ATTACHMENT 1
14 CITY COUNCIL STAFF REPORT
ITEM NO. 6.2

DATE:

November 10, 2025
TO:

Honorable Mayor and City Council
FROM:

Brent Smith, Community Development Director
SUBJECT:

Resolution authorizing the City Manager to execute the Second Amendment to the Purchase and Sale Agreement with Mr. Michael Messinger to amend the initial use of the property from a restaurant with bar to a restaurant with bar or event center at 2324 Second Street.

RECOMMENDED ACTION

Staff recommends the City Council approve the resolution authorizing the City Manager to sign, on behalf of the City of Livermore, the Second Amendment to the Purchase and Sale Agreement with Mr.

Michael Messinger to amend the initial use of the property from a restaurant with bar to a restaurant with bar or event center with bar at 2324 Second Street.

DECISION TYPE
Administrative

SUMMARY
On July 12, 2021, the City Council authorized execution of a Purchase and Sale Agreement (Agreement) with Mr. Michael Messinger for the City-owned property at 2324 Second Street (readdressed in 2024 as 180 South Livermore Avenue) and formerly known as the Southwestern Bell Company (SBC) building (Attachment 1). The Agreement set forth conditions for the buyer to design and convert the vacant, underutilized building into a revitalized restaurant space that preserves its historic character and reflects the goals of the City's Downtown Specific Plan.

On September 20, 2022, the Planning Commission approved a project review of the application for Downtown Design Review (DDR) 22-001 for the preservation of the historic portion of the building and for the architecture of the newer additions of the building for the proposed restaurant. As of this hearing
date, the construction is in process, and in August 2025, the owner of the property submitted an application for a change in use from a restaurant with bar to an event center.

The change in use requires an amendment to the Agreement which currently states that the initial use 15 (12 months) of the building must be as a restaurant with bar. The change in use also requires a Conditional Use Permit (CUP), which will be reviewed by the Planning Commission at a future date. The Agreement amendment must precede the CUP that is required for the event center. According to the applicant, the proposed architecture that was approved in 2022 will remain the same (Attachment 2).

DISCUSSION

BACKGROUND

On July 12, 2021, City Council approved a Purchase and Sale Agreement (Agreement) which set forth the scope, timeline, and conditions for the buyer to design, purchase, and convert the property into a restaurant use that would preserve the historic character of the building and support the development goals of the Downtown Specific Plan
(Specific Plan)
.

The historic SBC building was constructed in 1928 to house a telephone repeater station. A large addition on the western portion of the building was constructed in 1967. The property continuously housed telephone operations from the time of its construction in 1928 until the City purchased the property in 2004. The City leased the property to various innovation-based tenants in the subsequent years.

On September 20, 2022, the Planning Commission approved Mr. Messinger’s application for a Downtown Design Review

to remodel the non-historic addition to the original building. City and state historic standards require non-historic building elements to be clearly distinguishable from the original, so the newer portion of the building will be updated to a more modern design that is still consistent with the Specific Plan. The 2022 approved design includes a raised patio deck along Second Street and Livermore Avenue, new windows and entry doors, elevator access to all building levels, construction of a rooftop patio for dining, and landscaping and lighting enhancements that create synergies with the neighboring uses. The building was going to be a restaurant, but the owner has more recently proposed the use to be an event center instead of a restaurant.

STAFF ANALYSIS

The Specific Plan does not specifically call out event centers as a permitted use, however the Specific Plan allows the Planning Commission to approve another use for the district if it finds that the use meets the purpose and intent of the Specific Plan. City staff found that the proposed use as an event center is similar to other permitted uses, which include public halls, meeting facilities, and community centers as well as restaurants and entertainment establishments. The proposed event center use would still direct investment towards the Downtown, provide a meeting venue that is undersupplied in the City and Tri- Valley, and avoid over-saturation of restaurant uses in the Downtown, so there is ample evidence to support a determination that the use meets the intent of the Specific Plan.

The proposed amendment would not eliminate a possible restaurant use but instead would allow the flexibility of an event center use in addition to a restaurant use (Attachment 3). Should the operator ultimately choose to revert to a restaurant in the future, the proposed amendment to the Agreement would allow for that change. For these reasons, s
taff recommends City Council approve an amendment
to the Agreement.

ENVIRONMENTA

L DETERMINATION
16 Amending a Purchase and Sale Agreement does not constitute a project for the purposes of the California Environmental Quality Act (CEQA) per CEQA section 21065, and therefore no environmental review under CEQA is required. A separate environmental review will be required for the event center Conditional Use Permit.

FISCAL AND ADMINISTRATIVE IMPACTS

The change in use will not have fiscal and administrative impacts other than the staff time to prepare this amendment. Previously, it was determined that the proposed restaurant use would provide an increased property and sales tax benefit to the City on a parcel that was producing little to no tax revenue. The proposed event center use
is also expected to increase both sales and property tax compared to the previous uses of the building.

COMMUNITY PILLAR
2: Economy that Prospers
GOAL
2: Lead efforts, in collaboration with other City departments and outside partners, to maintain and
enhance the diversity and resilience of Livermore’s economy.

ATTACHMENTS

1. Location Map

2. Proposed Architecture

3. Resolution

4. Exhibit A - Second Amendment to Agreement

Prepared by: Jennifer Ackerman
Associate Planner

Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
17 2324 Second Street
(Readdressed as 180 South Livermore Avenue)
This map is based on City of Livermore GIS
Information and reflects the most current information
at the time of this printing. The map is intended for
reference purposes only and the City and its staff is
not responsible for errors.
2,000Livermore IT, GIS Services
333.3
1:NAD_1983_2011_StatePlane_California_III_FIPS_0403_Ft_US 166.67 Feet333.30
Notes:

Scale:

ATTACHMENT 1
Location Map
18 PROPOSED ARCHITECTURE APPROVED IN 2022
2324 Second Street (readdressed as180 South Livermore Avenue) APN 097-0110-013-00
ATTACHMENT 2
19 1 RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING THE EXECUTION OF A SECOND

AMENDMENT TO THE PURCHASE AND SALE AGREEMENT WITH

MICHAEL MESSINGER

On March 22, 2011, the former Redevelopment Agency (“Agency”) adopted Resolution No. RA -2011-05, transferring 2324 Second Street (APN 097 -0110-013-00) (“Property”) from the Agency to the City of Livermore (“City”).

On March 28, 2011, the Agency adopted Resolution No. RA-2011-07, ratifying the action to transfer the Propert y from the Agency to the City. The Agency transferred the Property to the City with the expectation that the Property would be utilized or disposed of for the highest and best use that would contribute to downtown revitalization efforts.

On July 25, 2011, the City Council authorized a solicitation for Letters of Interest to purchase and redevelop the Property into a use that meets the goals of the Downtown Specific Plan and enhances the City’s vibrant downtown.

On November 14, 2011, City Council authorized execution of a Negotiating Rights Agreement with Michael Messinger (“Buyer”), the developer selected through the competitive process. The former Redevelopment Agency was dissolved by the State on February 1, 2012, and negotiations were suspended due to the uncertainty surrounding former Agency assets.

On May 5, 2012, the Oversight Board for the Livermore Successor Agency approved the City’s plan to retain the Property for a proposed disposition to the selected Buyer. This was incorporated into the Livermore Successor Agency’s Long Range Property Management Plan, which was subsequently approved by the State Department of Finance.

On November 23, 2020, City Council authorized City and Buyer to enter into a Negotiating Rights Agreement to negotiate a purchase and sale agreement for the Property, and City Council made the findings necessary to comply with Government Code section 37420 et seq., to initiate property disposition, and made the following findings:

1. The proposed sale is beneficial to the p ublic interest, health, safety, convenience and welfare by enabling development that conforms to the Downtown Specific Plan and enhances the economic vitality of the downtown;

2. The proposed sale is for the public benefit because it will recapture the City’s investment and provide an additional economic generator for the City; and,

3. The proposed sale is necessary and proper pursuant to Government Code sections 37421, 37350, and 37651.
20 2 RESOLUTION NO. ________

On July 12, 2021, City Council of the City of Livermore approved a Purchase and Sale Agreement with Buyer that identified a timeline and development plan to facilitate the City’s desired use for the Property, and adopted Resolution 2121 -125 making the following findings pursuant to Government Code 54220:

1. The Property to be sold was included in the Long -Range Property Management Plan. The City entered into a binding Exclusive Negotiating Rights Agreement with the Buyer prior to December 31, 2020, and the Property will be disposed of prior to December 31, 2022.

2. The sale is therefore exempt from the new disposition requirements of Government Code section 54222, pursuant to Government Code section 54234(b).

On November 1, 2021, the State of California Department of Housing and Community Development approved the City’s determination of the exemption pursuant to Government Code section 54222, pursuant to Government Code section 54234(b) , and confirmed its prior determination on August 2, 2021 , that the Property is subject to the Surplus Lands Act prior to December 31, 2019.

On July 24, 2022, the City Council authorized a First Amendment to the Purchase and Sale Agreement to update and revise the Schedule of Development and take final actions to facilitate the Property disposition.

The City and Buyer now wish to enter into a Second Amendment to the Purchase and Sale Agreement to amend the initia l use of the property from restaurant with bar to restaurant with bar or event center.

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

The City Manager is authorized to sign, on behalf of the City, the Second Amendment to the Purchase and Sale Agreement with Buyer, in the form and substance as Exhibit A attached hereto

On motion of Council M ember ______________________, seconded by Council Member ______________________, the foregoing r esolution was passed and adopted on November 10, 2025, by the following vote:

21 3 RESOLUTION NO. ________

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED AS TO FORM:

_____________________________ /s/ Christine Crowl
Deborah L. Elam Christine Crowl
City Clerk Special Counsel

Exhibit A – Second Amendment to the Purchase and Sale Agreement with Michael Messinger
22 EXHIBIT A
23 EXHIBIT A
24 EXHIBIT A
25 CITY COUNCIL STAFF REPORT
ITEM NO. 6.3

DATE:

November 10, 2025
TO:

Honorable Mayor and City Council
FROM:

Marianna A. Burch, City Manager
SUBJECT:

Resolution authorizing the display of the Prisoner of War / Missing in Action (POW-MIA) flag for the week of November 11-16, 2025.

RECOMMENDED ACTION

DECISION TYPE
Administrative

SUMMARY
At the request of Mayor Marchand, consistent with the Commemorative Flag Display policy this agenda item provides a resolution for Council consideration which would authorize the display of the Prisoner of
War / Missing in Action (POW-MIA)
flag at the Civic Center Campus for the week of November 11-16, 2025.

DISCUSSION
On September 23, 2019, Council adopted a Commemorative Flag Display policy. The policy allows a Council Member to request display of a commemorative flag at the Civic Center Campus, on the City of Livermore flagpole, beneath the City of the Livermore flag. Once a request has been made by a Council Member, the Council will consider the request at a duly noticed public meeting.

The City's policy is constructed to allow the display of commemorative flags as a form of government expression. Such flags may be displayed for a period of time that is reasonable or customary for the subject that is to be commemorated, but no more than thirty-one consecutive days.

At the request of Mayor Marchand, consistent with the Commemorative Flag Display policy this agenda 26 item provides a resolution for Council consideration which would authorize the display of the Prisoner of
War / Missing in Action (POW-MIA)
flag at the Civic Center Campus for the week of November 11-16, 2025.

FISCAL AND ADMINSTRATIVE IMPACTS

There are no fiscal or administrative impacts associated with flying the POW-MIA flag for the week of November 11-16, 2025.

COMMUNITY PILLAR

5: A City That Works

GOAL

1: Engage effectively with the Mayor and City Council

ATTACHMENTS

1. Resolution

Prepared by: Debbie Elam
City Clerk

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING THE DISPLAY OF THE PRISONER OF

WAR / MISSING IN ACTION (POW-MIA) FLAG FOR THE WEEK OF
NOVEMBER 11-16, 2025

On September 23, 2019, the City Council adopted a commemorative flag display policy.

Consistent with the commemorative flag display policy, Mayor Marchand requested display of the POW -MIA flag at the civic center campus for the week of November 11-16, 2025.

NOW, THEREFORE, B E IT RESOLVED by the City Council of th e City of Livermore, that staff is directed to display the POW -MIA flag at the civic center campus for the week of November 11-16, 2025.

On motion of Council M ember ______________________, seconded by Council Member ______________________, the foregoing r esolution was passed and adopted on November 10, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED AS TO FORM:

_____________________________ /s/ Kimberly D. Cilley
Deborah L. Elam Kimberly D. Cilley
City Clerk City Attorney

28 CITY COUNCIL STAFF REPORT
ITEM NO. 11.1

3.1 Livermore Human Services Commission Annual Update presented by Chair Elizabeth McWhorter.

Materials: PowerPoint Presentation

3.2 Livermore Downtown Inc. annual update presented by Kara Klotchman, Executive Director.

Material: PowerPoint Presentation

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

Material: Council Reports

DATE:

November 10, 2025
TO:

Honorable Mayor and City Council
FROM:

Marianna A. Burch, City Manager
SUBJECT:

Supplemental materials received prior to the meeting.

RECOMMENDED ACTION

DECISION TYPE
Not Applicable

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
29 ATTACHMENTS

1. Supplemental Materials

Prepared by: Ashley Zieba
Assistant City Clerk

Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
30 Item 3.1
PowerPoint Presentation
31 2
Challenges and Opportunities
CDBG & HOME Funding
• Unpredictability of CDBG & HOME funding to Local Government • No indicaƟon of future HUD allocaƟon formula reducƟon • Only 15% of the annual allocation can be used for Public Services
Funding and Community Engagement Opportunities
• Engage our federal, state, and county partners to advocate for additional resources
• Continue public outreach to determine Human Services
priorities and goals
Human Services Commission Highlights
• Implemented a 2-year grant process (FY 2025-27)
• Released a new joint Tri-Valley grant application
• 29 organizations presented 40 grant applicants at the joint Tri- Valley Commission meeting in February 2025
• Reviewed and scored 31 grant applications from 24
organizaƟons
• Recommended funding for 14 applicaƟons from 9 organizaƟons • Approved the HUD mandated Consolidated Plan for
FY 2025-2029
3 4
Item 3.1
PowerPoint Presentation
32 3
Questions or Comments?
5 Item 3.1
PowerPoint Presentation
33 Item 3.2
PowerPoint Presentation
34 Item 3.2
PowerPoint Presentation
35 Item 3.2
PowerPoint Presentation
36 1
v
Second Amendment to Purchase and
Sale Agreement with Michael
Messinger
2324 Second Street (SBC Building)
City Council, November 10, 2025
Jennifer Ackerman, Associate Planner
Location Map
1 2
Item 6.2
PowerPoint Presentation
37 2
Rendering of the Approved Building
Architecture
Current and Proposed Language
• The current language states that the initial use (12
months) of the property shall be as a restaurant.
• The proposed language states that the Initial use of the property shall be as a restaurant with bar or event
center
• The Blanco Event Center will be considered by the
Planning Commission as a separate and subsequent
Conditional Use Permit this coming winter.
3 4
Item 6.2
PowerPoint Presentation
38 3
Changing from restaurant with bar to
event center
Downtown Livermore is enjoying a large quantity of
existing and proposed restaurants. The applicant
expressed concern with filling a large 250-seat
restaurant on a nightly basis. The need for an up-
scale event center in the Downtown inspired the
change in use.

Recommendation
Staff recommends the City Council adopt the
resolution authorizing the City Manager to sign, on
behalf of the City Council, the Second Amendment to
the Purchase and Sale Agreement with Mr. Michael
Messinger to amend the initial use of the property
from a restaurant with bar to a restaurant with bar or
event center
5 6
Item 6.2
PowerPoint Presentation
39 Council Member Date of
Meeting or
Event
Committee or Organization -
(Please spell out acronyms)
Meeting or Event Type (ex.
board meeting or ribbon
cutting)
Summary of Meeting or Event
Mayor Marchand 10/28/2025 Kindness Flower Project Recognition Presented a certificate of recognition to Molly Fisher for the project which donates bouquets of flowers to people who need them.

Mayor Marchand 10/28/2025 Livermore Chamber of
Commerce
Ribbon-cutting Welcomed "Aces Up" Entertainment to the Chamber.

Mayor Marchand 10/28/2025 R.I.S.E. (Reaching and
Inspiring Small Business
Entrepreneurs)
Industry support event Event focused on supporting the local hospitality industry.

Mayor Marchand 10/30/2025 City of Livermore TV30 Mayor's Report Provided an update on City activities.

Mayor Marchand 10/30/2025 Livermore Chamber of
Commerce
Ribbon-cutting Welcomed "Nurse Next Door"
Mayor Marchand 11/4/2025 Livermore-Pleasanton Fire
Department
Tour Toured the Pleasanton training facility, saw
demonstrations and toured Fire Station#6 with State
Senator McNerney.

Mayor Marchand 11/5/2025 Livermore Chamber of
Commerce
Business Alliance meeting Provided an update on City activities and heard a presentation from CalSavers retirement savings program.

Mayor Marchand 11/5/2025 Livermore Chamber of
Commerce
Ribbon-cutting Welcomed yarn shop, Stitch and Revel.

Mayor Marchand 11/6/2025 Tri-Valley Nonprofit Alliance Power of Giving event.

Recognition and awards
presentation.

The event highlighted the work of local nonprofit
organizations and the people who work with them.

Mayor Marchand 11/7/2025 San Joaquin Regional Rail
Commission
Commission meeting Received operations and quarterly performance update.

Ridership continues to trend upward.

Mayor Marchand 11/9/2025 City of Livermore Veterans Day Parade Participated in the parade along with volunteers from the Altamont Cruisers.

Mayor Marchand 11/10/2025 Alameda County
Transportation Commission
Planning, Policy and
Legislation committee
Approved the 2026 legislative program, reviewed the
Mobility Needs Assessment, and received an update on
Plan Bay Area 2050+
Item 9.0
Council Reports
40 Council Member Date of
Meeting or
Event
Committee or Organization - (Please spell
out acronyms)
Meeting or Event Type (ex. board meeting or ribbon
cutting)
Vice Mayor Branning 10/31/2025 CalCities New Board Member Orientation Vice Mayor Branning 11/1/2025 Rooms of Hope Beard Growing Competition Kick-Off Vice Mayor Branning 11/3/2025 Livermore Amador Valley Transit Authority Board Meeting Vice Mayor Branning 11/7/2025 Livermore Pleasanton Fire Department Fire Ops 101 Vice Mayor Branning 11/9/2025 City of Pleasanton Tri-Valley Veteran's Day Parade Item 9.0
Council Reports
41 Council Member Date of Meeting
or Event
Committee or
Organization - (Please
spell out acronyms)
Meeting or Event Type
(ex. board meeting or
ribbon cutting)
Summary of Meeting or Event
Council Member Dunbar 11/7/2025 Livermore Pleasanton
Fire Department /
Firefighters / Local 1974
Fire Ops 101 Interactive Firefighter experience / demo
Council Member Dunbar 11/9/2025 City of Pleasanton Veteran's Day Parade Item 9.0
Council Reports
42 Council Member Date of Meeting
or Event
Committee or Organization -
(Please spell out acronyms)
Meeting or Event Type (ex.
board meeting or ribbon
cutting)
Summary of Meeting or Event
Council Member Wang 10/28/2025 Livermore Amador Valley
Transit Authority (LAVTA)
Finance & Administration
Committee meeting
Discussed draft of FY25 Annual Comprehensive
Financial Report (ACFR); received Treasurer’s
Report and Legislative Update
Council Member Wang 10/28/2025 JTM Hospitality R.I.S.E. Presents Friki Tiki Industry Night
Very cool event highlighting local hospitality
businesses
Council Member Wang 11/2/2025 Open California Innovators Society (OCIS)
Civic innovation workshop Three students training other Tri-Valley students on civic engagement
Council Member Wang 11/3/2025 Livermore Amador Valley
Transit Authority (LAVTA)
Monthly Board meeting Discussed FY26 fare increase proposal, Route 501 service reduction, draft FY25 ACFR, and Strategic
Plan
Council Member Wang 11/5/2025 Stitch & Revel Ribbon cutting Very well attended opening of fiber arts store Council Member Wang 11/5/2025 Vice Mayor Evan Branning Celebration of downtown Very well attended; so much fun! Council Member Wang 11/5/2025 Tri-Valley Rainbow Night Monthly LGBTQ+ mixer Nice group of community members! Council Member Wang 11/6/2025 Tri-Valley Nonprofit Alliance (TVNPA)
2025 Power of Giving
Celebration
Inspiring night celebrating our nonprofits and
their leadership
Council Member Wang 11/7/2025 Livermore-Pleasanton Fire Department (LPFD) and LP
Firefighters Local 1974
Fire Ops 101 Six-hour training in firefighting operations Council Member Wang 11/9/2025 Cities of Livermore,
Pleasanton, and Dublin
Annual Tri-Valley Veteran's
Day Parade
Mayors, councilmembers, and first responders
from Livermore, Pleasanton, and Dublin join
parade in downtown Pleasanton in honor of our
veterans
Item 9.0
Council Reports
43 CITY COUNCIL STAFF REPORT
ITEM NO. 11.2

DATE:

November 10, 2025
TO:

Honorable Mayor and City Council
FROM:

Marianna Marysheva, City Manager
SUBJECT:

Supplemental materials received at the meeting.

RECOMMENDED ACTION

DECISION TYPE

SUMMARY

DISCUSSION

ATTACHMENTS

1. Item Received at the Meeting

Prepared by: Ashley Zieba
Assistant City Clerk

44 Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
45 Item 5.0
Public Comment
46 Item 5.0
Public Comment
47 Item 5.0
Public Comment
48 Item 5.0
Public Comment
49 Item 5.0
Public Comment
50 Item 5.0
Public Comment
51 Item 5.0
Public Comment
52 Item 5.0
Public Comment
53

Livermore City CouncilNovember 10, 2025

Livermore City Council
November 10, 2025