Agenda packet — Livermore City Council, January 12, 2026

CITY COUNCIL
AGENDA
MONDAY, JANUARY 12, 2026
REGULAR MEETING –
7:00 PM

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
Kristie Wang, Vice Mayor
Ben
Barrientos, Council Member
Evan Branning, Council Member
Steven Dunbar, Council Member
Livermore City Council Agenda
January 12, 2026

1 1.

CLOSED SESSION - NONE

2. CALL TO ORDER

3. PROCLAMATIONS AND PRESENTATIONS - NONE

4. ADVISORY BODY APPOINTMENTS

4.1 Confirmation of City Historian Appointment and administration of the oath of office.

Recommendation:

The Historic Preservation Commission and staff recommend the City Council appoint Jeff Kaskey as City Historian to an unexpired term ending February 1, 2026, and a regular term ending on February 1, 2028, and direct the City Clerk to administer the oath of office.

Staff Report

Attachments:

1. Resolution Establishing City Historian Position

2. Application - Kaskey

3. Historic Preservation Commission Staff Report

4. 12.4.25 - Draft Historic Preservation Commission Minutes

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 Chamber. 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

ROLL CALL

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

PLEDGE OF ALLEGIANCE

Livermore City Council Agenda
January 12, 2026

2 Calendar.

6.1 Approval of draft minutes - December 8, 2025 Regular Meeting.

Recommendation:

Staff recommends the City Council approve the draft minutes.

Staff Report

Attachments:

1. DRAFT 2025-12-08

6.2 Adoption of an ordinance approving Planned Development (PD) 25-001 for the Abboud Townhomes.

Recommendation:

On November 24, 2025, the City Council waived the first reading and introduced the Ordinance. Planning Commission and staff recommend the City Council a
dopt an ordinance
approving Planned Development (PD) 25-001 for the Abboud Townhomes. The project is located at 3541 East Avenue.

Staff Report

Attachments:

1. Ordinance

2. Exhibit A - Planning Commission PD Resolution

3. Exhibit B - Planned Development (PD) 25-001

6.3 Resolution authorizing the execution of a first amendment to the agreement with Interwest Consulting Group, Inc., for on-call engineering and project management services for various Capital Improvement Plan projects, increasing the not-to-exceed amount from $200,000 to $1,500,000.

Recommendation:

Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute a first amendment to the agreement with Interwest Consulting Group, Inc., for on-call engineering and project management services for various Capital Improvement Plan projects, increasing the not-to-exceed amount from $200,000 to $1,500,000.

Staff Report

Attachments:

1. Resolution

2. Exhibit A - First Amendment

6.4 Resolution authorizing the execution of a first amendment to the agreement with Gannett Fleming, Inc. for on-call engineering and project management services for various Capital Improvement Plan projects, increasing the not-to-exceed amount from $200,000 to $800,000.

Recommendation:

Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute the first amendment to the agreement with Gannett Fleming, Inc. for on-call

Livermore City Council Agenda
January 12, 2026

3 engineering and project management services for various Capital Improvement Plan projects, increasing the not-to-exceed amount from $200,000 to $800,000.

Staff Report

Attachments:

1. Resolution

2. Exhibit A - First Amendment

6.5 Resolution authorizing the City Manager to execute first amendments to the lease agreements between the City and New Cingular Wireless PCS, LLC.

Recommendation:

Staff recommends the City Council adopt a resolution authorizing the City Manager to execute the first amendment to the lease agreements between the City and New Cingular Wireless PCS, LLC, amending Paragraph 5 of the original leases adding sub paragraph (f) Alternative Security, to allow standby letter(s) of credit in the total amount of $10,000 in lieu of the Certificate of Deposit required by Section 5(e)(2) of the original leases.

Staff Report

Attachments:

1. Location Map - 2705 Ames Street

2. Location Map - 3663 Pacific Ave

3. Resolution

4. Exhibit A - First Amendment Lease Agreement 2705 Ames St

5. Exhibit B - First Amendment Lease Agreement 3663 Pacific Ave

6.6 Resolution of Intention to establish City of Livermore Community Facilities District 2026-1 (Garaventa Services).

Recommendation:

Staff recommends the City Council take the following actions:
1 .

Accept the petition from the property owner requesting initiation of formation of City of Livermore Community Facilities District No. 2026-1 Garaventa Services (CFD) located north of Altamont Creek Elementary School along Bear Creek Drive to finance certain ongoing maintenance services, and waiving the otherwise-applicable election time periods; and
2 .

Adopt a Resolution of Intention to form the CFD and call for a public hearing on February 23, 2026, to consider formation of the CFD.

Staff Report

Attachments:

1. CFD 2026-1 (Garaventa Services)-Boundary Map

2. Landowner Petition

3. Resolution

4. Exhibit A - Description of Services

5. Exhibit B - Rate and Method of Apportionment for Special Taxes

6.7 Update on Host Community Impact Fee Reserve Policy related to the Bankhead Theater.

Livermore City Council Agenda
January 12, 2026

4 Recommendation:

Staff recommends City Council receive the update.

Staff Report

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, January 26, 2026 at 7:00 pm, Civic Center Meeting Hall, City Council Chamber, 1016 S. Livermore Avenue.

11. 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 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 Consent Calendar or Matters for Consideration items. These comments are also subject to the 3-minute limit.

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.

Livermore City Council Agenda
January 12, 2026

5 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, 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
January 12, 2026

6 CITY COUNCIL STAFF REPORT
ITEM NO. 4.1

DATE:

January 12, 2026
TO:

Honorable Mayor and City Council
FROM:

Brent Smith, Community Development Director
SUBJECT:

Confirmation of City Historian Appointment and administration of the oath of office.

RECOMMENDED ACTION

DECISION TYPE
Administrative

SUMMARY
The City Council created the City Historian position in 2005 (Attachment 1) to increase the public’s awareness of Livermore’s history. The City Historian is appointed to a two-year term, and the current term expires on February 1, 2026. The Historic Preservation Commission interviewed candidates for the position and based on his experience, recommends Jeff Kaskey be appointed as Livermore's City Historian.

DISCUSSION
Background

The City Council created the City Historian position in 2005 to increase the public’s awareness of Livermore’s history (Attachment 1). Responsibilities of the City Historian include providing historical presentations, developing educational programs, and supporting the Historic Preservation Commission and local historical society (today known as the Heritage Guild). The City Historian is appointed by the City Council, after Historic Preservation Commission recommendation, to a two-year term. There are no term limits for this position. The current term expires February 1, 2026, and is currently vacant. The City Clerk’s Office held a recruitment period for a new City Historian that closed on November 14, 2025, and staff received one eligible application (Attachment 2). 7 Review Process and Recommendation

On December 4, 2025, the Historic Preservation Commission (Commission) interviewed the candidate at a public meeting, taking into account the applicant's credentials, the requirements of the City Historian position, and public comment (staff report and meeting minutes are attached as Attachments 3 and 4).

The Commission determined Jeff Kaskey is a qualified applicant to fill the City Historian vacancy given his experience, including previously serving as a Historic Preservation Commissioner and as President of the Livermore Heritage Guild, leading Livermore's Downtown History Tour, and presenting lectures of Livermore's History through the Then and Now series at the library.

For these reasons, the Historic Preservation Commission and staff recommend the City Council appoint Jeff Kaskey as Livermore's City Historian to an unexpired term ending February 1, 2026, and a regular term ending February 1, 2028.

FISCAL AND ADMINISTRATIVE IMPACTS

There are no fiscal or administrative impacts for the City Historian nomination since the position is voluntary, without compensation. The City Historian conducts historical research for the Community Development Department, saving staff time and resources.

COMMUNITY PILLAR

5: A City That Works

GOAL

2: Engage effectively with the City's advisory bodies

ATTACHMENTS

1. Resolution Establishing City Historian Position

2. Application - Kaskey

3. Historic Preservation Commission Staff Report

4. 12.4.25 - Draft Historic Preservation Commission Minutes

Prepared by: Emily LaDue
Assistant Planner

Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
8 ATTACHMENT 1
9 Submit Date: Sep 29, 2025
First Name Middle
Initial
Last Name
Email Address
Home Address Suite or Apt
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title
City of Livermore
Advisory Body Application
Profile
Pronoun (s)
Which Boards would you like to apply for?
City Historian: Submitted
Years residing in Livermore
43 Do you work in Livermore?
Yes No
Education
Case Western Reserve University
Question applies to multiple boards
Are you a registered voter in the City of Livermore
Yes No
Question applies to multiple boards
Are you currently on a City of Livermore Advisory Body? Yes No
Jeff Kaskey
Livermore CA 94550
The Last Factory CEO
Jeﬀ Kaskey
ATTACHMENT 2
10 Interests & Experiences
Summarize your participation in civic or community activities, including years of service.

I served on Livermore's HPC previously for 8 years I am on the board of LVPAC (9 years) I was a member and Vice President of Livermore Cultural Arts Council. I was 1st Vice President of the Livermore Heritage Guild, and was President for 10 years. Over 10 years as a docent on the Livermore HistoryMobile which visits Livermore's third graders every year. Currently Curator at historic Hagemann Ranch and Collections Manager for the Livermore Heritage Guild On the board of the Livermore Lions Club.

What else would you like the City Council to know about you? If you would like to provide additional information (resume, personal website, etc.) please use the Upload Resume button.

Question applies to multiple boards
How did you hear about this vacancy?
Word of Mouth
Jeﬀ Kaskey
ATTACHMENT 2
11 Upload a Resume
Question applies to City Historian
Summarize your activities and experience relating to the duties of City Historian as outlined below. The role of the City Historian is to increase public awareness of the history of the city and community of Livermore.

Duties may include: • Providing presentations to organizations and social groups; • Developing an education program for schools including history walks; • Preparing and teaching adult educations courses in local and regional history; • Providing articles on local history topics for publication in local media; • Assisting and providing resources to the City’s Historic Preservation Commission; and • Supporting the endeavors of the local historical society The person appointed to this volunteer position will serve a two-year term. Qualified applicants will have experience presenting local historical information to community groups, teaching courses in local and regional history to students at a school or community classes, or be affiliated with an organization associated with the advancement of the history of Livermore. 1. Summarize your activities and experience relating to the duties of City
I have given lectures as part of the Livermore Library's Then and Now history series. Over 10 years as a History Center docent in Livermore's old Carnegie Library, answering and researching visitor's questions Over 10 years writing articles on Livermore history for the Livermore Heritage Guild's newsletter Over 10 years as a docent on the Livermore HistoryMobile. History lectures to groups including Questers, SIRS, LCAC, Rotary. Project presentations to Livermore's HPC, LARPD and Alameda County Parks, Recreation and Historic Commission. Tour guide for the Downtown History Tour given to Livermore's 3rd grades. Created the informative video being shown in the restored SP Depot, depicting the Depot's history and restoration. History tours at Hagemann Ranch Question applies to City Historian
Briefly explain your interest in serving as City Historian.

I think there is value in telling Livermore residents the stories of our people, places and events that created (and are creating) the foundation of our community. For some, this information helps them appreciate their town and may prompt them to take a more active role in supporting the town's character and quality of life. For others, simply gaining more information about the history of their town as a piece of continuous learning is valuable on its own. Sometimes there is specific value in knowing how a piece of today's community ties to the past, whether for preserving a piece of historic architecture or understanding the contributions of a multi-generational Livermore family. Providing accessible links to our past can have many benefits and the City Historian is one of the ways to reinforce those links.

Question applies to City Historian
Describe your expectations and anticipated contributions as City Historian.

As City Historian I will be able to reach and engage a broader audience on many topics relating to Livermore's history. I hope that I can use the role to elevate the general knowledge of our local heritage for both residents and visitors.

Declarations
Jeﬀ Kaskey
ATTACHMENT 2
12 Appointment
I acknowledge that I may be recommended for appointed to any Advisory Body at the discretion of the City Council.

I Agree
Personal Privacy
I acknowledge that resumes submitted become part of the City Council agenda and the City recommends not including personal information such as home address, email, telephone number or photo. Any personal information on a resume will be redacted.

I Agree
Question applies to multiple boards
Please let us know if there is any kind of accommodation you require.

Jeﬀ Kaskey
ATTACHMENT 2
13 HISTORIC PRESERVATION COMMISSION STAFF REPORT ITEM NO. 6.1 DATE: December 4, 2025
TO: Chairperson and Members of the Historic Preservation Commission FROM: Turhan Sonmez, Associate Planner
SUBJECT: City Historian Interview
R

ECOMMENDED ACTION
S
taff recommends the Historic Preservation Commission:

1. Review the City Historian’s required duties;

2. Review the application received for City Historian;

3. Consider public comment, if any;

4. Interview prospective candidate; and

5. Identify a candidate to recommend for the City Council to appoint as the next City Historian.

DECISION TYPE
Administrative

SUMMARY
The City Council created the City Historian position in 2005 to increase the public’s awareness of Livermore’s history (Attachment 1). The current two-year term will expire on February 1, 2026. Staff received one application for the position of City Historian. The Historic Preservation Commission will review City Historian’s required duties and the submitted application, interview the candidate, and recommend the City Council appoint a new City Historian to a term ending February 1, 2028.

DISCUSSION
Background
T
he City Council created the City Historian position in 2005 (Attachment 1) to increase the public’s awareness of Livermore’s history. The City Historian is appointed by the City Council, after the Commission makes a recommendation, for a two-year term. The position is currently vacant and the prior Historian's term will expire February 1, 2026. The selected Historian will serve any portion of the current term remaining and a two-year term ending February 1, 2028. The City Clerk’s Office held a ATTACHMENT 3
14 recruitment period for a new City Historian that closed on November 14, 2025. Staff received one eligible application for the position of City Historian, which is Attachment 2 of this staff report.

Review Process and Recommendation

The Commission will review the application for City Historian and may ask questions of the applicant.

Given that there is one opening for the position, the Commission, in its own independent judgement, will select and recommend one candidate for the City Council to appoint as the next City Historian. The City Council is tentatively scheduled to appoint the next City Historian in January 2026.

After inviting the candidate to introduce themself, the Commission will have an opportunity to ask interview questions.

ATTACHMENTS

1. City Council Resolution Establishing City Historian Position

2. Application for City Historian

Prepared by: Turhan Sonmez
Associate Planner

ATTACHMENT 3
15 DECEMBER 4, 2025 Minutes 1

DRAFT MINUTES
HI

STORIC PRESERVATION COMMISSION
DECEMBER 4, 2025
________________________________________________________________ RE

GULAR MEETING
1 . CALL TO ORDER – The meeting of the Historic Preservation Commission was called to order by Chairperson Neal Pann at 7:00 pm, held in person at 1016 S. Livermore Avenue.

RO
LL CALL – Present: Chairperson Neal Pann, Commissioner Devon Caufield, Commissioner Daniel Curtis, Commissioner Shanavaz Nasarabadi.

A
bsent: Vice-Chairperson Rick Hanan
P

LEDGE OF ALLEGIANCE
2 . OPEN FORUM
C
hairperson Neal Pann opened the public comment period.

Ther
e were no speakers, and the public comment period was closed. 3 . CONSENT CALENDAR
C
hairperson Neal Pann opened the public comment period.

T
here were no speakers, and the public comment period was closed. 3 .1 Approval of the October 2, 2025 Historic Preservation Commission Draft Meeting Minutes.

ON THE MOTION OF COMMISSIONER NASARABADI SECONDED BY

CHAIRPERSON PANN, WITH COMMISSIONER CAUFIELD AND

COMMISSIONER CURTIS ABSTAINING DUE TO INELIGIBILITY , AND CARRIED ON A 2-0-2 VOTE, THE HISTORIC PRESERVATION COMMISSION APPROVED ITEM 3.1.

4. PR
OJECT REVIEW – NONE.
5 . PUBLIC HEARINGS – NONE.
6 . MATTERS FOR CONSIDERATION
ATTACHMENT 4
16 2 Minutes DECEMBER 4, 2025

6.1 City Historian Interview

Recommendation:

Staff recommended the Historic Preservation Commission:

1. Review the City Historian’s required duties;

2. Review the application received for City Historian;

3. Consider public comment, if any;

4. Interview prospective candidate; and

5. Identify a candidate to recommend for the City Council to appoint as the next City Historian.

Chairperson Neal Pann opened the public comment period.

Former City Historian Richard Finn spoke in support of appointing Jeff Kaskey as City Historian.

The public comment period was closed.

The Commission then interviewed the only City Historian applicant, Jeff Kaskey.

ON THE MOTION OF CHAIRPERSON NEAL PANN SECONDED BY
COMMISSIONER NASARABADI AND CARRIED ON A 4- 0 VOTE, THE

HISTORIC PRESERVATION COMMISSION VOTED TO RECOMMEND CITY COUNCIL APPOINT JEFF KASKEY AS CITY HISTORIAN.

6 .2 Form ad hoc subcommittee for Work Plan Project #3, involving analysis of properties designated "Potentially Significant" in the City's Historic Resources Inventory.

Recommendation:

Staff recommends the Historic Preservation Commission form an ad hoc subcommittee to work with staff and the future City Historian on Work Plan Project #3, involving analysis of properties designated "Potentially Significant" in the City's Historic Resources Inventory, which was added to the Work Plan (Attachment 1) in March 2024 and is currently unassigned.

Chairperson Neal Pann opened the public comment period.

There were no speakers, and the public comment period was closed.

ON THE MOTION OF CHAIRPERSON PANN, SECONDED BY COMMISSIONER CAUFIELD AND CARRIED ON A 4- 0 VOTE, THE HISTORIC PRESERVATION COMMISSION APPROVED ITEM 6.2 AND APPOINTED COMMISSIONER

NASARABADI AND COMMISSIONER CURTIS TO THE AD HOC
SUBCOMMITTEE.

6 .3 Form ad hoc subcommittee and add new Project #5 to Work Plan for nominating a property to the National Register of Historic Places and/or California Register of Historical Resources.

ATTACHMENT 4
17 DECEMBER 4, 2025 Minutes 3

Recommendation:

Staff recommends forming an ad hoc subcommittee of the HPC to work with staff to research the process and logistics involved in formally nominating one of the properties chosen by Work Plan Project #2 to the National Register and/or California Register and adding this research assignment as a new Work Plan Project #5.

ON THE MOTION OF C OMMISSIONER NASARABADI , SECONDED BY CHAIRPERSON PANN AND CARRIED ON A 4-0 VOTE , THE HISTORIC PRESERVATION COMMISSION APPROVED ITEM 6. 3 AND APPOINTED

COMMISSIONER CAUFIELD AND COMMISSIONER CURTIS TO THE AD HOC SUBCOMMITTEE.

7 . MATTERS INITIATED BY HISTORIC PRESERVATION COMMISSION ,

STAFF AND CITY HISTORIAN

8. ADJOURNMENT – at 7:38pm to a Regular Historic Preservation Commission Meeting on Thursday, January 8, 2026, at 7:00 pm, Civic Center Meeting Hall, City Council Chambers, 1016 S. Livermore Ave.

ATTACHMENT 4
18 CITY COUNCIL STAFF REPORT
ITEM NO. 6.1

DATE:

January 12, 2026
TO:

Honorable Mayor and City Council
FROM:

Marianna A. Burch, City Manager
SUBJECT:

Approval of draft minutes - December 8, 2025 Regular Meeting.

RECOMMENDED ACTION

Staff recommends the City Council approve the draft minutes.

DECISION TYPE
Administrative

SUMMARY

DISCUSSION

ATTACHMENTS

1. DRAFT 2025-12-08

Prepared by: Ashley Zieba
Acting City Clerk

DRAFT MINUTES

CITY COUNCIL
DECEMBER 8, 2025
________________________________________________________________

REGULAR MEETING

1. CLOSED SESSION - NONE

2. CALL TO ORDER – The 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.

ROLL CALL – Present: Mayor John Marchand, Vice Mayor Evan Branning,

Council Members Ben Barrientos, Steven Dunbar, and Kristie Wang.

PLEDGE OF ALLEGIANCE

3. PROCLAMATIONS AND PRESENTAT
IONS

3.1 Livermore Valley Arts annual update presented by Chris Carter, CEO for Livermore Valley Arts.

Chris Carter, Chief Executive Officer (CEO) for Livermore Valley Arts, gave a brief presentation.

4. AD

VISORY BODY APPOINTMENTS - NONE

5. OPEN FORUM
Mayor Marchand opened the public comment period.

Joe Lee provided a comment.

Jonathan Kleid provided a comment.

Denise Watkins provided a comment.

Mike Piscotty provided a comment.

Glen Rigg
s provided a comment.

Donna Cabanne provided a comment.

John Bost provided a comment.

ATTACHMENT 1
20 CM/76/2 Minutes DECEMBER 8, 2025

Sherri Souza provided a comment.

Bryan Balazs provided a comment.

Valerie Jonas provided a comment.

Shaké Sulikyan provided a comment.

Victor Curtis provided a comment.

David Victor provided a comment.

Christine Dillman provided a comment.

Kelly Bowers provided a comment.

Lisa Tromovitch provided a comment.

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

6. CONSENT CALENDAR

Mayor Marchand opened the public comment period.

Item 6.11
Donna Cabanne provided a comment.

Item 6.3
Alan Marling provided a comment.

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

Item 6.1 was removed from the Consent Calendar for separate discussion and action.

ON THE MOTION OF COUNCIL MEM BER BARRIENTOS, SECONDED BY COUNCIL MEMBER DUNBAR, AND CARRIE D ON A 4-0 VOTE, WITH VICE

MAYOR BRANNING ABSTAINING DUE TO INELIGIBILTY TO VOTE DUE TO ABSENCE AT THE NOVEM BER 24, 2025 MEETING, THE CITY COUNCIL APPROVED CONSENT CALENDAR ITEM 6.1.

ON THE MOTION OF COUNCIL MEM BER DUNBAR, SECONDED BY VICE MAYOR BRANNING, AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL APPROVED CONSENT CALENDAR WITH THE EXCEPTION OF ITEM 6.1.

6.1 Approval of draft minutes - November 24, 2025 Regular Meeting.

6.2 Resolution 2025-193 authorizing the acceptance for permanent maintenance, release of the security bonds, and execution of a Notice of ATTACHMENT 1
21 DECEMBER 8, 2025 Minutes CM/76/3

Completion for the Stream Maintenance by Contractors Project SD202523.

6.3 Resolution 2025-194 accepting the Livermore Valley Arts Annual Report for Fiscal Year 2024-2025.

6.4 Resolution 2025-195 authorizing execution of a second amendment to the agreement with DC Electric Group, Inc., for on-call electrical design, analysis, and modification services, increasing the not-to-exceed amount from $200,000 to $800,000 and extending the termination dat e from December 31, 2026, to December 31, 2030.

6.5 Resolution 2025-196 adopting a pre-qualification process for contractors in substantial conformance with Public Contract Code § 20101 et. seq., authorizing the City Engineer to determi ne suitable projects for t he Contractor Request for Qualifications process, and which contractors qualify based on the evaluation process, and authorizing the City Engineer to approve future revisions to the Contractor Request for Qualifications Q uestionnaire and related prequalification process documents.

6.6 Resolution 2025-197 amending Resolution No. 94-55 of the City of Livermore Personnel Rules and Regulations to modify conditions for reinstatement to City service under section 8.08.

6.7 Resolution 2025-198 authorizing the execution of a purchase order with Armature Systems for hardware, support, and licensing in the amount of $571,965 to upgrade and refresh the City of Livermore 's (City) primary production network infrastructure.

6.8 Resolution 2025-199 authorizing the execution of a second amendment to the agreement with Plac eWorks Inc. for the General Plan Update to adjust the scope of work, increase the not-to-exceed amount from $3,026,000 to $3,272,000, and extend the term to March 31, 2027.

6.9 Resolution 2025-200 accepting annual special tax and bond accountability reports for Fiscal Year 202425 Community Faci lities Districts No. 99-1 (Tri-Valley Technology Park), 2009-1 (El Charro), 2012-1 (El Charro Maintenance), 2015-1 (Brisa Maintenance), 2016-1 (Sage Maint enance), 2016-2 (Shea Properties), 2018-1 (Auburn Grove), and 2021-1 (Maintenance and Public Services).

6.10 Resolution 2025-201 making findings regarding the continuing need for unexpended balances of Development Im pact Fees as of June 30, 2025, and accepting the Annual Report of Development Fee and Connection Fee Revenues and Expenditures for Fiscal Year 2024-25.

6.11 Resolution 2025-202 authorizing signing of an Estoppel Certificate and Agreement, Leasehold Addendum for Leas ehold Financing, and Sub-Leasehold Addendum for financing for Five Rivers LLC, Fremont Bank, and other authorized lenders as applicable.

ATTACHMENT 1
22 CM/76/4 Minutes DECEMBER 8, 2025

7. PUBLIC HEARINGS – NONE

8. MATTERS FOR CONSIDERATION

8.1 Appointment of Vice
Mayor for the period of 2025-2026.

Recommendation: Staff recommended the City Council appoint a Vice Mayor for the period of 2025-2026.

Mayor Marchand nominated Council Member Wang as Vice Mayor for 2025-2026.

Mayor Marchand opened the public comment period.

There were no speakers, and the public comment period was closed.

ON THE MOTION OF MAYOR MARCH AND, SECONDED BY VICE MAYOR BRANNING AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL APPROVED

THE APPOINTMENT OF COUNCIL MEMBER WANG AS VICE MAYOR FOR 2025-2026.

8.2 Appointment of Council Members to the City Council Subcommittee on Advisory Bodies for the period of January 1, 2026 - June 30, 2026.

Recommendation: Staff recommended the Mayor appoint two Council Members to serve on the City Council Subcommittee on Advisory Bodies for the period of January 1, 2026 - June 30, 2026, with the City Council's approval.

Mayor Marchand opened the public comment period.

There were no speakers, and the public comment period was closed.

ON THE MOTION OF MAYOR MARCHAND, SECONDED BY COUNCIL
MEMBER BRANNING AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL

APPROVED THE APPOINTMENT OF VI CE MAYOR WANG AND COUNCIL MEMBER DUNBAR.

8.3 Council Members Appointments to Intergovernmental Agencies.

Recommendation: Staff recommended the Mayor appoint Council Members to Intergovernmental Agencies, with the City Council's approval.

Mayor Marchand opened the public comment period.

There were no speakers, and the public comment period was closed.

ON THE MOTION OF COUNCIL MEM BER DUNBAR, SECONDED BY VICE MAYOR WANG, AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL ATTACHMENT 1
23 DECEMBER 8, 2025 Minutes CM/76/5

APPROVED THE CURRENT ASSIGNME NTS TO INTERGOVERNMENTAL
AGENCIES AS PROVIDED.

8. COUNCIL COMMITTEE RE PORTS 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.

Sunset Elementary School Council Member Barrientos noted his attendance at a pancake breakfast on December 6, 2025.

Aama’s Kitchen Council Member Barrientos not ed his attendance at the ribbon cutting and grand opening on December 6, 2025.

The Independent Gallery Council Member Barrientos noted his attendance at the art gallery.

Council Member Branning urged residents to remember the unhoused during this time of year; noted small donations go a long way and shelters are looking for items in high demand; recommended intere sted parties contact non-profits for ways to help; stated the warming center will open as the weather turns colder.

Downtown Livermore/Bankhead Theatre Mayor Marchand noted an upcoming menorah lighting on December 20, 2025.

9. ADJOURNMENT – at 8:12 pm in memory of Anna Siig to a Regular City Council Meeting on Monday, January 12, 2026 at 7:00 pm, Civic Center Meeting Hall, City Council Chamber, 1016 S. Livermore Avenue.

APPROVED:

JOHN P. MARCHAND, MAYOR
ATTEST: ___

ASHLEY ZIEBA, ACTING CITY CLERK
ATTACHMENT 1
24 CITY COUNCIL STAFF REPORT
ITEM NO. 6.2

DATE:

January 12, 2026
TO:

Honorable Mayor and City Council
FROM:

Brent Smith, Community Development Director
SUBJECT:

Adoption of an ordinance approving Planned Development (PD) 25-001 for the Abboud Townhomes.

RECOMMENDED ACTION

On November 24, 2025, the City Council waived the first reading and introduced the Ordinance. Planning Commission and staff recommend the City Council
a
dopt an ordinance
approving Planned
Development (PD) 25-001 for the Abboud Townhomes. The project is located at 3541 East Avenue.

DECISION TYPE
Legislative

SUMMARY

DISCUSSION

ATTACHMENTS

1. Ordinance

2. Exhibit A - Planning Commission PD Resolution

3. Exhibit B - Planned Development (PD) 25-001

Prepared by: Kam Purewal
Associate Planner

25 Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
26 1 ORDINANCE NO. _____

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

AN ORDINANCE ADOPTING PLANNED DEVELOPMENT (PD) 25-001 FOR THE

ABBOUD TOWNHOMES

On June 14, 2020, the City received an application for Planned Development (PD) 25-001, Site Plan Design Review (SPDR) 21 -001, and Subdivision (SUB) 20 -004 to redevelop the approximately 0.62 -acre site with a two -story, attached, 13 -unit multi - family, townhome-style development (“Project”). The Project will consist of all rental units that would be grouped on one lot. The units will include three and four bedroom plans that range in size from 1,400 to 1,900 square feet , plus one Accessory Dwelling Unit .

Each primary unit will have an attached two -car garage. The Project will reconstruct the curb, gutter, and sidewalk along the project’s frontages (East Avenue and Dolores Street), underground all utilities, and construct a new shared driveway to access the site from Dolores Street.

On June 17, 2025, the Planning Commission held a duly noticed public hearing to consider the Project and staff recommendations, heard public testimony, and findings, and made the necessary findings.

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

Section 1. Recommendation. The Planning Commission held a duly noticed public hearing on June 17, 2025, to consider Planned Development (PD) 25 -001 and recommended that the City Council approve the Planned Development as referenced in Planning Commission Resolution No. 23-25, attached hereto as Exhibit A.

Section 2. Environmental. The City Council considered the environmental review and found the project exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15332 (In-Fill Projects).

Section 3. Consistency. The ordinance is consistent with the Livermore General Plan and the Livermore Development Code and will serve the public necessity, convenience and welfare for the reasons set forth in the agenda materials associated with the project and the City Council adopts such reasons as its own.

Section 4. Findings and Adoption. The City Council of the City of Livermore has reviewed and considered the written and oral staff reports, conducted a public hearing on the Project and took testimony, and received into the record all pertinent documents related to the Project (collectively, the “Record Evidence”). The City Council considered the findings made i n Planning Commission Resolution No. 23 -25, attached hereto as Exhibit A, and hereby adopts the same findings by this reference and incorporates them as part of this Ordinance. Based upon the City Council’s own independent review of the Record Evidence and considerations, the City Council hereby approves Planned Development (PD) 25 -001, attached hereto as Exhibit B, for the Abboud Townhomes Project.

27 2 ORDINANCE NO. _____
Section 5. Zoning Standards . The zoning standards for this district shall be those set forth in the Planned Development (PD) 25-001, attached hereto as Exhibit B.

Section 6. Publication and Effective Date. This ordinance or a comprehensive summary thereof shall be published once in a newspaper of general circulation of the City of Livermore within fifteen (15) days after its adoption and shall take effect and be in force thirty (30) days from and after its adoption.

Section 7. Filing. The Planning Manager is directed to file a Notice of Exemption with the Alameda County Clerk.

Section 8. Documents. The documents that constitute the record of proceedings upon which this decision is based can be found in th e City Clerk’s Office, 1052 S. Livermore Avenue, Livermore, California.

Section 9. Severability. If any part of this ordinance is declared unconstitutional or invalid by a court, such unconstitutionality or invalidity shall not affect any remaining parts. The City Council hereby declares that it would have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional or invalid.

The foregoing ordinance was introduced at the meeting of the City Council of the City of Livermore held on November 24, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

The ordinance was adopted at the regular meeting of the City Council held on January 12, 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________________
Mayor, City of Livermore

ATTEST: APPROVED AS TO FORM:

___________________________ /s/ Christine Crowl
Ashley Zieba Christine Crowl
Acting City Clerk Special Counsel

Attachments:

1. Exhibit A – Planning Commission Resolution No. 23-25

2. Exhibit B – Planned Development (PD) 25-001
28 EXHIBIT A
29 EXHIBIT A
30 EXHIBIT A
31 Planned Development – Residential (PD-R) 25-001
Genera
l Note: the drawings and photos are illustrative.

The purpose of establishing this Planned Development
District is to regulate residential townhouse building
type
development of Tentative Parcel Map 11527
("Exhibit A" and APNs 98A-610-1-2 and 98A-610-2)
approximately 0.62± acres of land located at the
southeast quadrant of East Avenue and Dolores Street.

Development shall be in conformance with the
requirements of the Livermore Development Code
(
LDC) as it exists now or may be amended in the
future, except as modified by the following regulations.

A. Purpose B. Allowed Building Types

EXHIBIT B
32 D
C
B
max.

B
min.

A
A max.
min.

Front
Key
ROW / Property Line
Setback Line
C. Building Placement
Building Area
Facade Zone
ROW Line Street
Setback (Distance from ROW / Property Line)
Front A
Minimum 1,2 Lesser of adjacent
property’s or 15'
Maximum 3 30'
Front facade 4 within facade
zone 50% min.

Side Street 5 10' min.; 15' max. B
Side 6 C 5' min.

Rear 5' min. D
1 On development’s interior streets, refer to side street setback.
2 5' min.
3 No maximum front setback for Carriage houses.
4 Garages shall not be counted as part of the front facade. 5 Can be reduced with approval of an SPDR in the First
Street Transitional Area depicted in 3.02.080.H.
6 No side setback required between Townhouse and/or
Live/Work building types.

Distance between Main Buildin
gs on Same Lot
1 Story 8' min.
2+ Stories 15' min.

See Part 5 (Building Typ
es).

Building Height 7, 8, 9
Stories 2-½ stories max
To Eave or Parapet 24' max.

Overall 35' max.

Ground Floor Finish Level 18" min. above sidewalk H
Ground Floor Ceiling 9' min. clear I
Upper Floor(s) Ceiling 8' min. clear J
7 Does not apply to accessory structures. See 4.02.030
(Accessory Structures)
8 See Part 5 (Building Types) for additional height
regulations.
9 For First Street Corridor Transition Area, see 3.02.080.H.

Mansard roof forms ar
e not allowed.

Upper-floor units must have a primary ent rance along a street facade or to a courtyard.

Ground
-floor residential units facing a street shall have
individual entries.

LDC § 5.01.090.G. is modified to allow a minimum 18' and a maximum 44'
building width per townhouse unit.

Miscellaneous
Miscellaneous
D. Building Form
E
J
E
I
H
Side Street
A

EXHIBIT B
33 J
I
F. Frontage Types and Encroachments

Front
Key
ROW / Property Line
Setback Line
Encroac hment Area
Key
ROW / Property Line
Setback Line
Allowed Parking Area
Groun
d Floor 1 Residential
Upper Floor 1 Residential
1 See 3.02.080.I (T4N Use Table) for specific use
Residen
tial Uses
Studio or 1 Bedroom 1 space/unit min.
2+ Bedrooms 2 spaces/unit min.

Front 8' m
ax. I
Side Street or Civic Space 8' max. J
Side 0' max.

Rear
Property Line 0' max.

Rear Lane 3' max.
2 Encroachments are not allowed within a Street ROW.

See 4.02.020.B (Encroachments) for complete list of
allowed encroachments.

Front
Covered or Attached Match front facade
+ width of garage
min.

Uncovered Match front facade
min. N
Side Street 5' min. O
Side 0' min. P
Rear 0' min. Q
Porch Fore
court
Stoop
3 See 4.03 (Frontage Standards) for descriptions and
regulations.

Linea
r feet of front or side facade
that may be gara ge 35% max.

Tandem parking is allowed for off-street parking only if both spaces are behind the required setback and are for the same residential unit.

See Chapter 4.04 (Parking Standards) for additional
general parking requirements.

Rear
E. Allowed Use Types
Miscellaneous
G. Required Parking
M
Rear
Q
P
O
M
Front
N
Required Frontage Types 3
Side Street
Side Street

EXHIBIT B
34 Bed & Breakfast 6.02.010 ZUP
Child Day Care Facility 6.02.020
Small family day care home P
Large family day care home ZUP
Family day care center CUP

(Ord. 2082 § 2(C), 2019; Ord. 2058 § 1 (Exh. C), 2017;
Ord. 2018 § 4 (Exh. B), 2015)

P Permitted Use
CUP Conditional Use Permit Required
HOP Home Occupation Permit Required
ZUP Zoning Use Permit Required
— Use Not Allowed
End Notes
1 A definition of each listed use type is in Part 11.
2 Uses not listed are specifically prohibited, unless
Director determines use is consistent pursuant to the
Code.
3 A Zoning Clearance is required for new units and
additions.
4 Permitted only if already legally existing at time of Code adoption, 05/01/10.

I. T4N Use Table
Services: General
Community Gardens
P
Park, Playground
Public and Quasi-Public
School, Private

6.02.090
P
CUP
CUP
Dwelling: Single-family4
Dwelling: Townhouse,
Courtyard Apartment,
Multiple-family units
Supportive Housing
Transitional Housing
Home Occupation
Residential Accessory Use or
Structure
Health Facility:

Residential care, 1 - 6 clients
Residential care, 7 or more
clients
P

6.02.060
P
P
P
HOP
P

6.02.050
P
CUP

Specific Use Permit
Regulations Required
Land Use Type 1, 2
Residential3
Public Assembly
Land Use Type 1, 2 Specific Use Permit
Regulations Required
Key

EXHIBIT B
35 "Exhibit A"

EXHIBIT B
36 □,
�
,o ,o
,,.
n-515.�
i !
DOLORES S1l<EET
\1 Terry J. Townsend
• Architect•
A.P.N.:9&A-60--1
3541 Ealt Avenu&
LMlnTlOl'e, Cdtanio

EXHIBIT B
"Exhibit B"
37 CITY COUNCIL STAFF REPORT
ITEM NO. 6.3

DATE:

January 12, 2026
TO:

Honorable Mayor and City Council
FROM:

Brent Smith, Community Development Director
SUBJECT:

Resolution authorizing the execution of a first amendment to the agreement with Interwest Consulting Group, Inc., for on-call engineering and project management services for various Capital Improvement Plan projects, increasing the not-to-exceed amount from $200,000 to $1,500,000.

RECOMMENDED ACTION

DECISION TYPE
Administrative

SUMMARY
Interwest Consulting Group, Inc., was selected through a Request for Qualifications and they have been providing on-call engineering design and project management services for various capital improvement projects. They have proven to be reasonably priced, responsive, and knowledgeable. This first amendment will increase the amount of their not-to-exceed agreement from $200,000 to $1,500,000 and will allow Interwest Consulting Group to provide design and project management services for upcoming street maintenance, park, right-of-way, and trail projects in the Capital Improvement Plan.

DISCUSSION
Staff issued a Request for Qualifications (RFQ) to consultants in April 2025, soliciting on-call engineering and project management services for various projects in the Capital Improvement Plan. The City rated Interwest Consulting Group, Inc., based in Fremont, and Gannett Fleming, Inc., based in Concord, as the top-ranked consultants.

38 On May 6, 2025, the City of Livermore entered into a professional services agreement in the amount of $200,000 with Interwest Consulting Group, Inc., to provide on-call engineering and project management services for various capital improvement projects with a term ending June 30, 2030. Under this agreement, Interwest Consulting Group has completed the electrical design for Springtown Community Park, developed the preliminary design for both resurfacing and slurry seal projects, and provided right- of-way closeout services for the Isabel Avenue Interchange Project. They have proven to be very responsive with reasonable prices, and they have experienced engineers familiar with public capital improvement projects. Staff requested proposals for the Springtown Community Park electrical work, street resurfacing, and slurry seal projects from several of our on-call civil consultants. Interwest proposals were around half the cost of the other proposals. Their work so far has been high quality and delivered on time. Interwest Consulting Group also recently hired some additional engineers with expertise in pavement restoration.

Staff recommends increasing the amount of their agreement from $200,000 to $1,500,000 so that Interwest Consulting Group can provide the following services:

Complete design and construction support services for the upcoming slurry and street resurfacing projects.

Provide additional engineering support for the electrical improvements at Springtown Open Space.

Provide design services for the South Livermore Valley Trail T-10 Extension.

Provide design services for the Arroyo Mocho Trail at Concannon Boulevard.

Provide design services for the slurry seal and street resurfacing projects scheduled in 2027.

Complete additional design and project management services, as needed, for other upcoming capital improvement projects.

FISCAL AND ADMINISTRATIVE IMPACTS

Funding for services rendered under this amendment will be derived from various capital improvement projects in the approved Capital Improvement Plan. Therefore, no additional appropriations are necessary.

COMMUNITY PILLAR

5: A City That Works

GOAL

14: Develop, operate, and maintain the City’s infrastructure

ATTACHMENTS

1. Resolution

2. Exhibit A - First Amendment

Prepared by: Jaimeen
Mehta
Assistant Engineer

39 Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
40 1 RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING THE EXECUTION OF A FIRST

AMENDMENT TO THE AGREEMENT WITH INTERWEST CONSULTING
GROUP, INC. FOR ON-CALL ENGINEERING SERVICES FOR

VARIOUS CAPITAL IMPROVEMENT PROJECTS, INCREASING THE
NOT-TO-EXCEED AMOUNT FROM $200,000 TO $1,500,000

On May 6, 202 5, the City of Livermore (“City”) entered into a Professional Services Agreement with Interwest Consulting Group, Inc. to provide on -call engineering and project management services in the amount of $ 200,000 with a term ending on June 30, 2030 (“Original Agreement”).

Staff recommends amending the agreement to increase the not -to-exceed amount from $200,000 to $1,500,000 to continue providing engineering and project management services to support City staff in implementing capital improvement projects.

NOW, THEREFORE, B E IT RESOLVED by the City Council of th e City of Livermore, that it hereby:

1. Authorizes the City Manager to execute a first amendment to the professional services agreement with Interwest Consulting Group, Inc . for on-call engineering and project management services for various Capital Improvement Plan Projects, attached hereto as Exhibit A, increasing the not-to-exceed contract amount from $200,000 to $1,500,000.

2. Authorizes the City Manager to take whatever actions are necessary and appropriate to carry out the purpose and intent of this resolution.

On motion of Council M ember ______________________, seconded by Council Member ______________________, the foregoing r esolution was passed and adopted on January 12, 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED AS TO FORM:

_____________________________ /s/ Tara Mazzanti
Ashley Zieba Tara Mazzanti
Acting City Clerk Senior Assistant City Attorney

Exhibit A - First Amendment to Professional Services Agreement with Interwest Consulting Group, Inc.
41 Amendment - Professional Services Agreement Page 1
Rev. 09/19/23

FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
THIS FIRST AMENDMENT is made and entered into this ____ day of ________, 20___, by and between the City of Livermor e (“City”), a municipal corporation, and Interwest Consulting Group, Inc. (“Consultant”), a Colorado corporation.

RECITALS
On May 6, 2025, City and Consultant enter ed into an agreement for Consultant to provide professional on-call engineering for var ious captial improvem ent projects and project management services to City (“Original Agreement”). Section 21 of the Original Agreement requires that any modifications to it mus t be in writing and signed by the parties.

City and Consultant desire to amend the Original Agreement to increase the not- to-exceed amount by $1,300,000 to a total not-t o-exceed amount of $1,500,000. This is the First amendment to the Original Agreement.

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

1. T
he Original Agreement is amended as follows:

A. S
ection 5(a) of the Original Agreement is amended to read as follows:

The total compensation payable by City to Consultant for the Services SHALL NOT EXCEED the sum of $1,500,000 (" not-to-exceed amount").

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

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

3. Except as amended above, the Original Agreement remains in full force and effect.

Docusign Envelope ID: B729FD42-34F7-4E64-AA20-9CA74ED94946 42 Amendment - Professional Services Agreement Page 2 Rev. 09/19/23
In concurrence and witness whereof, and in recognition of the mutual consideration provided therefore, the parties have executed this Agreement effective on the date first written above.

CONSULTANT: Dated:

____________________________ ___________________________ Matthew K. Causley
Chief Operating Officer

CITY OF LIVERMORE: Dated:

____________________________ ____________________________ Marianna A. Burch
City Manager

APPROVED AS TO FORM:

___________________________
Deputy/Assistant/Senior Assistant/City Attorney

APPROVED AS TO INSURANCE:

Risk Manager/Analyst

Docusign Envelope ID: B729FD42-34F7-4E64-AA20-9CA74ED94946 12/5/2025 | 9:50 AM EST
43 CITY COUNCIL STAFF REPORT
ITEM NO. 6.4

DATE:

January 12, 2026
TO:

Honorable Mayor and City Council
FROM:

Brent Smith, Community Development Director
SUBJECT:

Resolution authorizing the execution of a first amendment to the agreement with Gannett Fleming, Inc. for on-call engineering and project management services for various Capital Improvement Plan projects, increasing the not-to-exceed amount from $200,000 to $800,000.

RECOMMENDED ACTION

Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute the first amendment to the agreement with Gannett Fleming, Inc. for on-call engineering and project management services for various Capital Improvement Plan projects, increasing the not-to-exceed amount from $200,000 to $800,000.

DECISION TYPE
Administrative

SUMMARY
Gannett Fleming was selected through a Request for Qualifications and they have been providing on-call construction management services for the L Street Garage. Their project team has proven to be responsive, experienced, and capable of effectively managing projects during construction. This first amendment will increase the amount of their not-to-exceed agreement from $200,000 to $800,000 and will allow Gannet Fleming to provide project management and construction management services for upcoming projects in the Capital Improvement Plan.

DISCUSSION
Staff issued a Request for Qualifications (RFQ) to consultants in April 2025, soliciting on-call engineering and project management services for various projects in the Capital Improvement Plan. The City rated Gannett Fleming, Inc., based in Concord, and Interwest Consulting Group, Inc., based in Fremont, as the top ranked consultants.

44 On April 23, 2025, the City of Livermore entered into an Engineering Services Agreement in the amount of $200,000 with Gannett Fleming to provide on-call engineering and project management services for various City capital improvements with a term ending June 30, 2030. Under this on-call agreement, Gannett Fleming has been providing on-call construction inspection and management services for the L Street Garage. Work includes inspecting work performed by the contractor to make sure it meets the requirements of the drawings and specifications; running field meetings; helping log and process construction submittals, requests for information, and substitution requests; helping respond to claims; and helping process payments. Gannett Flemings's project team has provided valuable construction support for the L Street Garage. They are very experienced with construction means and methods, communicate well with City staff and the construction contractors, provide expert advice with construction issues, and are reasonably priced.

Staff recommends increasing the amount of their agreement from $200,000 to $800,000 so that Gannett Fleming can provide the following services:

Any required remaining construction support for the L Street Garage which could include resolving claims with the contractor.

Construction management services for upcoming projects such as the Springtown Trunkline Sewer, Las Colinas Trail, WRP Digester Heating Loop Replacement, WRP Administration Building Repairs, Airport Lift Station Improvements, Fire Station 6 Replacement, Fleet Shop Expansion, Library Teen Center, City Fleet Electrification, Police Building Renovations, and Arroyo Las Positas Desilting.

Project management services during design for some of the projects listed above.

FISCAL AND ADMINISTRATIVE IMPACTS

This first amendment increases compensation by $600,000, for a total not-to-exceed amount of $800,000. Funding for this amendment is covered in the approved budgets for various projects in the 2025-30 Capital Improvement Plan. No additional appropriations are required.

COMMUNITY PILLAR

5. A City That Works

GOAL

14: Develop, operate, and maintain the City’s infrastructure

ATTACHMENTS

1. Resolution

2. Exhibit A - First Amendment

Prepared by: Jaimeen
Mehta
Assistant Engineer

45 Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
46 1 RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING THE EXECUTION OF A FIRST
AMENDMENT TO THE AGREEMENT WITH GANNETT FLEMING, INC.

FOR ON-CALL ENGINEERING AND PROJECT MANAGEMENT

SERVICES FOR VARIOUS CAPITOL IMPROVEMENT PLAN

PROJECTS, INCREASING THE NOT-TO-EXCEED AMOUNT FROM
200,000 TO $800,000

On April 23 , 202 5, the City of Livermore (“City”) entered into a n Engineering Services Agreement with Gannett Fleming , Inc. to provide on -call engineering and project management services in the amount of $200,000 with a term ending on June 30, 2030 (“Original Agreement”).

Staff recommends amending the agreement to increase the not -to-exceed amount from $200,000 to $800,000 to provide project management and construction management services for upcoming projects in the Capital Improvement Plan.

NOW, THEREFORE, B E IT RESOLVED by the City Council of th e City of Livermore, that it hereby:

1. Authorizes the City Manager to execute a first amendment to the engineering services agreement with Gannett Fleming , Inc. for on -call engineering and project management services for various Capital Improvement Plan projects, attached hereto as Exhibit A, increasing the not-to-exceed contract amount from $200,000 to $800,000.

2. Authorizes the City Manager to take whatever actions are necessary and appropriate to carry out the purpose and intent of this resolution.

On motion of Council M ember ______________________, seconded by Council Member ______________________, the foregoing r esolution was passed and adopted on January 12, 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED AS TO FORM:

_____________________________ /s/ Tara Mazzanti
Ashley Zieba Tara Mazzanti
Acting City Clerk Senior Assistant City Attorney

Exhibit A – First Amendment to Engineering Services Agreement with Gannett Fleming, Inc.
47 Amendment – Engineering Services
Rev. 01/05/2024

FIRST AMENDMENT TO

ENGINEERING SERVICES AGREEMENT
T
HIS FIRST AMENDMENT, is made and entered into this ____ day of _______________, 20___, by and between the City of Livermore, a municipal corporation (“City”), and City of Livermore, a Gannett Fleming, Inc. (“Consultant”).

RE
CITALS
On A
pril 23, 2025, City and Consultant entered into an agreement for Consultant to provide engineering design services to provide support during all phases (planning, design, advertisement and construction) of project delivery for a variety of capital improvement projects for City (“Original Agreement”). Section 21 of the Original Agreement requires that any modifications to it must be in writing and signed by the parties.

C
ity and Consultant desire to amend the Original Agreement to increase the not- to-exceed amount to $800,000.00. This is the First amendment to the Original Agreement.

REEMENT
NO
W, THEREFORE, City and Consultant hereby agree that the aforementioned recitals are true and correct and further agree as follows:

1. T
he Original Agreement is amended as follows:

A. S
ection 5(a) of the Original Agreement is [amended] to read as follows: The total compensation payable by City to Consultant for the Services SHALL NOT EXCEED the sum of $ 800,000 (" not-to-exceed amount"). City shall compensate Consultant for the Services rendered at the hourly rates, task amounts or travel expenses set forth in Exhibit “A ” up to the not-to-exceed amount. Except as provided in the body of this Agreement, the hourly rates, task amounts or travel expenses are intended to be Consultant’ s only compensation for the Services and is inclusive of all costs of labor, licensing, permitting, overhead and administrative costs, and any -and-all other costs, expenses, and charges incurred by Consultant, its agents, and employees to provide the Services.

Docusign Envelope ID: EA39CEA6-16B8-44FA-BCA4-D7E642AB2E4D

EXHIBIT A

Page 1 of 3 ends

48 Amendment – Engineering Services
Rev. 01/05/2024

3. Except as amended above, the Original Agreement remains in full force and effect. [S
IGNATURES ON FOLLOWING PAGE]
Docusign Envelope ID: EA39CEA6-16B8-44FA-BCA4-D7E642AB2E4D

EXHIBIT A

Page 2 of 3 ends

49 Amendment – Engineering Services
Rev. 01/05/2024
In concurrence and witness whereof, and in recognition of the mutual consideration provided therefore, the parties have executed this Agreement effective on the date first written above.

CO
NSULTANT: Dated:
___
_________________________ ___________________________
Rany Chek
Vice-President
C
ITY OF LIVERMORE: Dated:
___
_________________________ ____________________________
Marianna A. Burch
City Manager
APPR
OVED AS TO FORM:
___
________________________
Deputy/Assistant/Senior Assistant/City Attorney
APPR
OVED AS TO INSURANCE:

Risk Manager/Analyst
Docusign Envelope ID: EA39CEA6-16B8-44FA-BCA4-D7E642AB2E4D 11/25/2025 | 12:26 PM PST

EXHIBIT A

Page 3 of 3 ends

50 CITY COUNCIL STAFF REPORT
ITEM NO. 6.5

DATE:

January 12, 2026
TO:

Honorable Mayor and City Council
FROM:

Brandon Cardwell, Innovation and Economic Development Director SUBJECT:

Resolution authorizing the City Manager to execute first amendments to the lease agreements between the City and New Cingular Wireless PCS, LLC.

RECOMMENDED ACTION

DECISION TYPE
Quasi-judicial

SUMMARY
On September 11, 2024, the City and New Cingular Wireless PCS, LLC (Lessee), executed leases on a portion of two City-owned properties to allow Lessee to install and maintain wireless telecommunication facilities including ground equipment at 2705 Ames Street and 3663 Pacific Avenue.

Paragraph 5(e)(2) of the lease agreements requires the Lessee to provide a Joint Certificate of Deposit in the amount of Ten Thousand Dollars ($10,000) for each lease to ensure the Lessee’s faithful performance of all the terms and conditions in the lease agreements.

Due to Lessee’s difficulties in acquiring Certificates of Deposits, the Lessee approached staff with a request to amend Paragraph 5 of the leases to allow for an original, unconditional, clean, irrevocable, standby letter(s) of credit in the total amount of $10,000 (“Letter of Credit”) for each lease, naming City as the beneficiary, which the City may draw upon to cure any event of default or breach of the lease in lieu of the Certificate of Deposit required by Section 5(e)(2) of the original leases.

Staff recommends the City Council adopt a resolution authorizing the City Manager to execute the First 51 Amendment to Lease Agreements between the City and New Cingular Wireless PCS, LLC, amending Paragraph 5 of the original leases to add sub paragraph (f) Alternative Security, to allow standby letter(s) of credit in the amount of $10,000 (“Letter of Credit”) in lieu of the Certificate of Deposit required by Section 5(e)(2) of the original leases.

DISCUSSION
On September 11, 2024, the City and New Cingular Wireless PCS, LLC (Lessee), executed leases on a portion of two City-owned properties, allowing the Lessee to erect wireless antennas on an existing PG&E tower at 2705 Ames Street and on an existing Verizon wireless antenna tower at 3663 Pacific Avenue. PG&E granted permission for the Lessee to install wireless antennas on PG&E’s tower, and Verizon granted the Lessee permission to co-locate wireless antennas on Verizon’s existing tower.

PG&E has an existing easement for their tower and overhead transmission power lines on the City property at 2705 Ames Street, and Verizon has a current lease with the City for Verizon's existing wireless telecommunication facility at 3663 Pacific Avenue. The Lessee’s new ground equipment, installed and maintained by the Lessee within the leased areas of the lease agreements, supports the operation of the wireless antenna facilities at each site.

Paragraph 5(e)(2) of the original lease agreements requires the Lessee to provide a Joint Certificate of Deposit in the amount of Ten Thousand Dollars ($10,000) for each lease to ensure the Lessee’s faithful performance of all the terms and conditions in the lease agreements. Due to Lessee’s difficulties in acquiring Certificates of Deposits, Lessee approached staff with a request to allow letters of credit in lieu of the Certificates of Deposit.

Staff evaluated the request and determined the Letter of Credit provides sufficient security of performance. Therefore, staff recommends the City Council adopt a resolution authorizing the City Manager to execute the First Amendment to Lease Agreements between the City and New Cingular Wireless PCS, LLC, amending Paragraph 5 of the original leases to add sub paragraph (f) Alternative Security, to allow standby letter(s) of credit in the amount of $10,000 (“Letter of Credit”) in lieu of the Certificate of Deposit required by Section 5(e)(2) of the original leases.

Except as specifically modified by this proposed First Amendment, the terms and conditions of the original lease agreements for each site shall remain in full force and effect.

FISCAL AND ADMINISTRATIVE IMPACTS

The rent revenues from these leases remain the same and directly benefit the City’s General Fund. The annual rental revenue from the lease agreement at 2705 Ames Street is approximately $37,200. The annual rental revenue from the lease agreement at 3663 Pacific Avenue is approximately $24,000. This annual rental rate for each of the lease agreements increases by 3.5% each year until the end of the lease term and any approved extensions of the leases.

COMMUNITY PILLAR

5: A City that Works

GOAL

52 14: Develop, operate, and maintain the City's infrastructure.

ATTACHMENTS

1. Location Map - 2705 Ames Street

2. Location Map - 3663 Pacific Ave

3. Resolution

4. Exhibit A - First Amendment Lease Agreement 2705 Ames St

5. Exhibit B - First Amendment Lease Agreement 3663 Pacific Ave

Prepared by: Mike Pato
Management Analyst II

Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
53 0 280 560
ft
³
Street Name Labels (White Font)
Parcels
Livermore City Limits
Alameda County
Utility Reports - Sewer Main
World_Hillshade

ALL LOCATIONS ARE APPROXIMATE
LEGEND

CITY OF
Path: /Web Map Date: 11/24/2025
54 0 280 560
ft
³
Street Name Labels (White Font)
Parcels
Livermore City Limits
Alameda County
Utility Reports - Sewer Main
World_Hillshade

ALL LOCATIONS ARE APPROXIMATE
LEGEND

CITY OF
Path: /Web Map Date: 11/24/2025
55 1 RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING EXECUTION OF FIRST AMENDMENT LEASE

AGREEMENTS BETWEEN THE CITY AND NEW CINGULAR WIRELESS PCS, LLC, AMENDING PARAGRAPH 5 OF THE ORIGINAL LEASES ADDING SUB PARAGRAPH (F) ALTERNATIVE SECURITY, TO ALLOW STANDBY LETTER(S) OF CREDIT IN THE TOTAL AMOUNT OF $10,000 IN LIEU OF THE CERTIFICATE OF DEPOSIT REQUIRED BY SECTION 5(E)(2) OF THE ORIGINAL LEASES

On September 11, 2024, the City and New Cingular Wireless PCS, LLC (Lessee), executed leases on a portion of two City-owned properties to allow Lessee to install and maintain wireless telecommunication facilities including ground equipment at 2705 Ames Street and 3663 Pacific Avenue.

Paragraph 5(e)(2) in the leases, requires the Lessee to provide a Joint Certificate of Deposit in the amount of Ten Thousand Dollars ($10,000) for each lease to ensure the Lessee’s faithful performance of all the terms and co nditions in the Original Lease Agreements (“Original Leases”).

Due to Lessee’s difficulties in acquiring Certificates of Deposits, the Lessee approached staff with a request to amend Paragraph 5 of the Original Leases to allow for an original, unconditi onal, clean, irrevocable, standby letter(s) of credit in the total amount of $10,000 (“Letter of Credit”) for each lease, naming City as the beneficiary, which City may draw upon to cure any event of default or breach of this Lease in lieu of the Certificate of Deposit required by Section 5(e)(2) of the Original Leases. The City is willing to amend the Original Leases to allow the Lessee to provide a Letter of Credit as an alternative form of security. City staff has Amended Paragraph 5 of the Original Leases and added Sub Paragraph (f) Alternative Security (“First Amendment Lease Agreement(s) between the City and New Cingular Wireless PCS, LLC”) to allow standby letter(s) of credit in the total amount of $10,000, in lieu of the certificate of d eposit required by section 5(e)(2) of the Original Leases. Except as specifically modified by the First Amendment Lease Agreement(s), all terms and conditions of the Original Leases shall remain in full force and effect.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that it hereby authorizes the City Manager, or her designee, to sign on behalf of the City of Livermore, the First Amendment Lease Agreements with New Cingular Wireless PCS, LLC, attached hereto as Exhibits A and B.

56 2 RESOLUTION NO. ________ On motion of Council Member _______________________, seconded by Council Member _______________________, the foregoing resolution was passed and adopted on January 12, 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED AS TO FORM:

____________________________ /s/ Daniel Gonzales _________ Ashley Zieba Daniel Gonzales
Acting City Clerk Deputy City Attorney

Exhibit A – First Amendment Lease Agreement - 2705 Ames Street Exhibit B – First Amendment Lease Agreement - 3663 Pacific Avenue 57 PLEASEPLACERECORDERLABELBELOWTHISLINE

RECORDINGREQUESTEDBY
ANDWHENRECORDEDMAILTO:

CITYCLERK,CITYOFLIVERMORE
1052S.LIVERMOREAVENUE
LIVERMORE,CA94550-4899
NoFeeforrecordingpursuantto
GovernmentCodeSection27383THISSPACEFORRECORDERSUSEONLY
LOG#25-0678

FIRSTAMENDMENTTOLEASEFORINSTALLATIONOFWIRELESS

TELECOMMUNICATIONSFACILITY
NewCingularWirelessPCS,LLC

TITLEOFDOCUMENT

THISPAGEADDEDTOPROVIDEADEQUATESPACEFORRECORDINGINFORMATION (Govt.Code27361.6)
(Additionalrecordingfeeapplies)

EXHIBIT A

Page 1 of 5 ends

58 Market:NorthernCalifornia
CellSiteNo:CCL01380
CellSiteName:Arabian
FixedAsset#:14702818

FIRSTAMENDMENTTOLEASEFORINSTALLATIONOFWIRELESS

TELECOMMUNICATIONSFACILITY
ThisFIRSTAMENDMENTTOLEASEFORINSTALLATIONOFWIRELESS
TELECOMMUNICATIONSFACILITY(“FirstAmendment”)ismadeasofthedateoffull executionbelow,byandbetweentheCityofLivermore,amunicipalcorporation(“City’), andNewCingularWirelessPCS,LLC,aDelawarelimitedliabilitycompany(“Lessee”).

CityandLesseeareattimescollectivelyreferredtohereinafterasthe“Parties,’or individuallyasthe“Party.”

RECITALS
A.CityistheownerofcertainrealpropertylocatedatAPN99B-8118-62,on AmesStreet,northofDaltonAvenue,intheCityofLivermore,CountyofAlameda,State ofCalifornia94551,andmoreparticularlydescribedinthelegaldescriptionattachedas Attachment“A”(“Property”).

B.CityandLesseearepartiestothatcertainLeaseforTheLessee’s InstallationofGroundEquipmentCommunicationsFacilityforitsWireless TelecommunicationsFacilitydatedSeptember11,2024(the“Lease”),wherebyCity leasestoLesseecertainspaceattheProperty,asmoreparticularlydescribedand depictedintheLeaseasAttachmentB(collectively,the“LeasedAreas”),forthe construction,operation,andmaintenanceofgroundequipmentcommunicationsfacility.

C.PursuanttoParagraph5(e)(2)oftheLease,theLesseeisrequiredto provideaJointCertificateofDepositintheamountofTenThousandDollars($10,000)to ensuretheLessee’sfaithfulperformanceofallthetermsandconditionsinthisLease Agreement.

D.TheLesseedesirestoamendParagraph5toprovidestandbyletter(s)of creditinthetotalamountof$10,000(“LetterofCredit”),namingCityasthebeneficiary, whichCitymaydrawupontocureanyeventofdefaultorbreachofthisLeaseInlieuof theCertificateofDepositrequiredbySection5(e)(2)aboveandtheCityiswillingto amendtheleasetoallowtheLesseetoprovideaLetterofCreditasanalternativeform ofsecurity.

AGREEMENT
NOW,THEREFORE,inconsiderationofthefactscontainedintheRecitalsabove, themutualcovenantsandconditionsbelow,andothergoodandvaluableconsideration, thereceiptandsufficiencyofwhichareherebyacknowledged,thePartiesagreeas::
follows:

1.Paragraph5RentsandDepositsisherebyamendedaddingsubparagraph (f)whichreadsasfollows:

EXHIBIT A

Page 2 of 5 ends

59 (f)AlternativeSecurity.InlieuoftheCertificateofDepositrequiredbySection5(e)(2) above,LesseemaydelivertoCity,assecurityforLessee’sfaithfulperformanceofall termsandconditionsinthisLeaseAgreement,original,unconditional,clean,irrevocable, standbyletter(s)ofcreditinthetotalamountof$10,000(LetterofCredit’),namingCity asthebeneficiary,whichCitymaydrawupontocureanyeventofdefaultorbreachof thisLease.ThefollowingprovisionsapplytotheLetterofCredit:
(1)TheLetterofCreditmustbeinaformandsubstancereasonably satisfactorytotheCityandbesubjecttoandgovernedbytheInternationalStandby PracticesforLettersofCredit(1SP98);
(2)EachLetterofCreditshallbeissuedbyacommercialbankthathas along-termcreditratingofatleastA(orequivalent)byMoody’sInvestorsService, Inc.,orStandard&Poor’s,orFitchRatings,Inc.(a“SatisfactoryCreditRating”), andshallbeotherwiseacceptabletoCityinitsreasonablediscretion.Ifthe issuer’screditratingisorsubsequentlyfallsbelowaSatisfactoryCreditRating, thenCityshallhavetherighttorequirethatLesseeobtainfromadifferentissuer asubstituteletterofcreditthatcompilesinallrespectswiththerequirementsof Section5(f),andLessee’sfailuretoobtainsuchsubstituteletterofcreditwithin90 businessdaysfollowingCity’swrittendemandthereforshallentitleCityto immediatelydrawuponthethenexistingLetterofCreditandholdsuchproceeds assecurityforLessee’sperformanceundertheLease.Intheeventtheissuerof theLetterofCreditisplacedintoreceivershiporconservatorshipbytheFederal DepositInsuranceCorporation,oranysuccessororsimilarentity,then,effective asofthedatesuchreceivershiporconservatorshipoccurs,saidLetterofCredit shallbedeemednottomeettherequirementsofSection5(f)and,withinten businessdaysthereafter,LesseeshallreplacesuchLetterofCreditwithcash equaltothedepositorothercollateralacceptabletoCityinitsreasonable discretion;
(3)TheLetterofCreditmustprovidetherightforCitytomakepartial drawingsagainsttheLetterofCredit;
(4)IfCitydrawsontheLetterofCredit,Lesseeshallimmediately replenishtheLetterofCreditorprovideCitywithanadditionalletterofcredit conformingtotherequirementsofSection5(f)sothattheamountavailabletoCity fromtheLetter(s)ofCredittotals$10,000.LesseeshallimmediatelyprovideCity withevidenceofanyreplacementletter(s)ofcredit;
(5)TheLetterofCreditmustbeissuedbyacommercialbank
reasonably
acceptabletoCityandlocatedin,orabtetobedrawnbydeliverytoan officein,AlamedaCounty,California,oralocationmutuallyagreeabletothe Parties;
(6)TheLetterofCreditmustbetransferrable,atnochargetoCity,to anysuccessortoCity’sinterestundertheLease;
(7)TheLetterofCreditmustbepayableandcallableatsightupon presentmenttotheissuerofCity’ssightdraftofawrittenstatement,whether 2 EXHIBIT A

Page 3 of 5 ends

60 providedinperson,byU.S.Mail,overnightdelivery,viafacsimile,orasaPDF deliveredbye-mail,onCity’sletterhead,signedbyarepresentativeoftheCityand statingtherighttodrawupontheLetterofCreditforaneventofdefaultorbreach ofthisLease;
(8)TheLetterofCreditmustnotexpiresoonerthanoneyearfrom
issuance;
(9)AtleastthirtydayspriortothedatetheLetterofCreditexpires,the LetterofCreditshallbereplaced,renewed,orautomaticallyextendedand evidenceofthereplacement,renewed,orextendedLetterofCreditshallbe providedtoCity;
(10)Lessee’sfailuretodeliveranyreplacement,additional,renewed,or extendedLetterofCredittoCitywithinthetimespecifiedunderthisLeaseshall entitleCitytodrawupontheentirebalanceoftheLetterofCreditthenineffect, whichCityshallholdassecurityforLessee’sperformanceundertheLease; (11)AnydrawontheLetterofCreditshallnotconstituteawaiverofany otherrightsofCitywithrespecttoaneventofdefaultorbreachofthisLease; (12)CitymaydrawupontheLetterofCredituponLessee’sdefaultor breachofthisLease,orforanydamagesresultingfromtheterminationofthis Lease;
(13)LesseemustpresentaLetterofCreditmeetingallrequirementsof thisLeaseforeveryextensionofthisLease;and
(14)WithrespecttotheLetterofCredit,Lesseeunconditionallyand irrevocablywaivesthebenefitsandprotectionsofCaliforniaCivilCodesection 1950.7,totheextentitlimitstherightsofCitytoapplyanysecuritydepositor governsthetimeperiodinwhichanysecuritydepositmustbereturnedtoLessee, andagreesthattheprovisionsofSection5(f)shallgoverntheCity’srighttoapply, andobligationtoreturn,anysecuritydeposit,includingtheLetterofCredit.Lessee acknowledgesthatallorpartofthefundsfromtheLetterofCreditmaybeusedto compensateCityfordamagesresultingfromtheterminationofthisLease, including,withoutlimitation,anydamagesrecoverableunderCaliforniaCivilCode section1951.2.

2.ContinuedEffect.ExceptasspecificallymodifiedbythisFirstAmendment, alltermsandconditionsoftheLeaseshallremaininfullforceandeffect.Intheeventof aconflictbetweenanytermandprovisionoftheLeaseandthisFirstAmendment,the termsandprovisionsofthisFirstAmendmentshallcontrol.Inaddition,exceptas otherwisestatedinthisFirstAmendment,allinitiallycapitalizedtermswillhavethesame respectivedefinedmeaningstatedintheLease.Allcaptionsareforreferencepurposes onlyandshallnotbeusedintheconstructionorinterpretationofthisFirstAmendment. 3 EXHIBIT A

Page 4 of 5 ends

61 IN

WITNESS

WHEREOF,
the
parties
have
caused
the
First
Amendment
to
be
effective
as
of
the
last
date
written
below.

Dated:
1)I)9
2025
New
Cingular
Wireless
PCS,
LLC,
a
Delaware
limited
liability
company
By:

AT&T
obiIity
Corporation
Its:

Manar
By:
iJ,
Print
Name:
(.JLS
QLSOn..)
Dated:,
2025
City
of
Livermore
By:
________________________Marianna
A.

Burch
City
Manager
Approved
as
to
Form
By:

Deputy/Assistant/Senior
Assistant/
City
Attorney
4 EXHIBIT A

Page 5 of 5 ends

62 ACKNOWLEDGMENT
Anotarypublicorotherofficercompletingthis
certificateverifiesonlytheidentityoftheindividual
whosignedthedocumenttowhichthiscertificateis
attached,andnotthetruthfulness,accuracy,or
validityofthatdocument.

StateofCaliforniaC CountyofJL(JVA\(MJZILIt
OnRt”vevi&-/½&’\
(insertnameandtitleoftheofficer)’
personallyappeared
V1eJ
s
01ce_s-
whoprovedtomeonthebasisofsatisfactoryevidencetobetheperson(s)whosename(s)is/are subscribedtothewithininstrumentandacknow’edgedtomethathe/she/theyexecutedthesamein his/her/theirauthorizedcapacity(ies),andthatbyhis/her/theirsignature(s)ontheinstrumentthe person(s),ortheentityuponbehalfofwhichtheperson(s)acted,executedtheinstrument.

IcertifyunderPENALTYOFPERJURYunderthelawsoftheStateofCaliforniathattheforegoing paragraphistrueandcorrect.

WITNESSmyhandandofficialseal.

IIdsaryubIIC.CaWfornIa

4.KELLEVROMANI
ISacramentsC.gnty
CommtsstsnS301974
MyCamt.(x,Irs,t1,,1111
Signature
J’ü.Q&{
QYAA)(Seal)
63 PLEASEPLACERECORDERLABELBELOWTHISLINE

RECORDINGREQUESTEDBY
ANDWHENRECORDEDMAILTO:

CITYCLERK,CITYOFLIVERMORE
1052S.LIVERMOREAVENUE
LIVERMORE,CA94550-4899
NoFeeforrecordingpursuantto
GovernmentCodeSection27383THISSPACEFORRECORDERSUSEONLY
LOG#25-0679

FIRSTAMENDMENTTOLEASEFORINSTALLATIONOFWIRELESS

TELECOMMUNICATIONSFACILITY
NewCingularWirelessPCS,LLC

TITLEOFDOCUMENT

THISPAGEADDEDTOPROVIDEADEQUATESPACEFORRECORDINGINFORMATION (Govt.Code27361.6)
(Additionalrecordingfeeapplies)

EXHIBIT B

Page 1 of 6 ends

64 Market:NorthenCalifornia
CellSiteNo:CCL05197
CellSiteName:LivermoreCityHallCob
FixedAsset#:15521701

FIRSTAMENDMENTTOLEASEFORINSTALLATIONOFWIRELESS

CityandLesseeareattimescollectivelyreferredtohereinafterasthe“Parties,”or individuallyasthe“Party.”

RECITALS
A.Cityistheownerofcertainrealpropertylocatedat3663PacificAvenueand 1052SouthLivermoreAvenue,intheCityofLivermore,CountyofAlameda,Stateof California94550,andmoreparticularlydescribedinthelegaldescriptionattachedas Attachment“A”(“Property”).

D.TheLesseedesirestoamendParagraph5toprovidestandbyletter(s)of creditinthetotalamountof$10,000(“LetterofCredit’),namingCityasthebeneficiary, whichCitymaydrawupontocureanyeventofdefaultorbreachofthisLeaseInlieuof theCertificateofDepositrequiredbySection5(e)(2)aboveandtheCityiswillingto amendtheleasetoallowtheLesseetoprovideaLetterofCreditasanalternativeform ofsecurity.

AGREEMENT
NOW,THEREFORE,inconsiderationofthefactscontainedintheRecitalsabove, themutualcovenantsandnditionsbelow,andothergoodandvaluableconsideration, thereceiptandsufficiencyofwhichareherebyacknowledged,thePartiesagreeas follows:

1.Paragraph5RentsandDepositsisherebyamendedaddingsubparagraph (f)whichreadsasfollows:

EXHIBIT B

Page 2 of 6 ends

65 (f)AlternativeSecurity.InlieuoftheCertificateofDepositrequiredbySection5(e)(2) above,LesseemaydelivertoCity,assecurityforLessee’sfaithfulperformanceofall termsandconditionsinthisLeaseAgreement,original,unconditional,clean,irrevocable, standbyletter(s)ofcreditinthetotalamountof$10,000(“LetterofCredit”),namingCity asthebeneficiary,whichCitymaydrawupontocureanyeventofdefaultorbreachof thisLease.ThefollowingprovisionsapplytotheLetterofCredit:
(1)TheLetterofCreditmustbeinaformandsubstancereasonably satisfactorytotheCityandbesubjecttoandgovernedbytheInternationalStandby PracticesforLettersofCredit(1SP98);
(2)EachLetterofCreditshallbeissuedbyacommercialbankthathas along-termcreditratingofatleastA(orequivalent)byMoody’sInvestorsService, Inc.,orStandard&Poor’s,orFitchRatings,Inc.(a“SatisfactoryCreditRating”), andshallbeotherwiseacceptabletoCityinitsreasonablediscretion.Ifthe issuer’screditratingisorsubsequentlyfallsbelowaSatisfactoryCreditRating, thenCityshallhavetherighttorequirethatLesseeobtainfromadifferentissuer asubstituteletterofcreditthatcompilesinallrespectswiththerequirementsof Section5(f),andLessee’sfailuretoobtainsuchsubstituteletterofcreditwithin90 businessdaysfollowingCity’swrittendemandthereforshallentitleCityto immediatelydrawuponthethenexistingLetterofCreditandholdsuchproceeds assecurityforLessee’sperformanceundertheLease.Intheeventtheissuerof theLetterofCreditisplacedintoreceivershiporconservatorshipbytheFederal DepositInsuranceCorporation,oranysuccessororsimilarentity,then,effective asofthedatesuchreceivershiporconservatorshipoccurs,saidLetterofCredit shallbedeemednottomeettherequirementsofSection5(f)and,withinten businessdaysthereafter,LesseeshallreplacesuchLetterofCreditwithcash equaltothedepositorothercollateralacceptabletoCityinitsreasonable discretion;
(3)TheLetterofCreditmustprovidetherightforCitytomakepartial drawingsagainsttheLetterofCredit;
(4)IfCitydrawsontheLetterofCredit,Lesseeshallimmediately replenishtheLetterofCreditorprovideCitywithanadditionalletterofcredit conformingtotherequirementsofSection5(f)sothattheamountavailabletoCity fromtheLetter(s)ofCredittotals$10,000.LesseeshallimmediatelyprovideCity withevidenceofanyreplacementletter(s)ofcredit,
(5)TheLetterofCredtmustbeissuedbyacommercialbank
reasonablyacceptabletoCityandlocatedin,orabletobedrawnbydeliverytoan officein,AlamedaCounty,California,oralocationmutuallyagreeabletothe Parties;
(6)TheLetterofCreditmustbetransferrable,atnochargetoCity,to anysuccessortoCity’sinterestundertheLease;
2 EXHIBIT B

Page 3 of 6 ends

66 (7)TheLetterofCreditmustbepayableandcallableatsightupon presentmenttotheissuerofCity’ssightdraftofawrittenstatement,whether providedinperson,byU.S.Mail,overnightdelivery,viafacsimile,orasaPDF deliveredbye-mail,onCity’sletterhead,signedbyarepresentativeoftheCityand statingtherighttodrawupontheLetterofCreditforaneventofdefaultorbreach ofthisLease;
(8)TheLetterofCreditmustnotexpiresoonerthanoneyearfrom
issuance;
(9)AtleastthirtydayspriortothedatetheLetterofCreditexpires,the LetterofCreditshallbereplaced,renewed,orautomaticallyextendedand evidenceofthereplacement,renewed,orextendedLetterofCreditshallbe providedtoCity;
(10)Lessee’sfailuretodeliveranyreplacement,additional,renewed,or extendedLetterofCredittoCitywithinthetimespecifiedunderthisLeaseshall entitleCitytodrawupontheentirebalanceoftheLetterofCreditthenineffect, whichCityshallholdassecurityforLessee’sperformanceundertheLease; (11)AnydrawontheLetterofCreditshallnotconstituteawaiverofany otherrightsofCitywithrespecttoaneventofdefaultorbreachofthisLease; (12)CitymaydrawupontheLetterofCredituponLessee’sdefaultor breachofthisLease,orforanydamagesresultingfromtheterminationofthis Lease;
(13)LesseemustpresentaLetterofCreditmeetingallrequirementsof thisLeaseforeveryextensionofthisLease;and
(14)WithrespecttotheLetterofCredit,Lesseeunconditionallyand irrevocablywaivesthebenefitsandprotectionsofCaliforniaCivilCodesection 1950.7,totheextentitlimitstherightsofCitytoapplyanysecuritydepositor governsthetimeperiodinwhichanysecuritydepositmustbereturnedtoLessee, andagreesthattheprovisionsofSection5(f)shallgoverntheCity’srighttoapply, andobligationtoreturn,anysecuritydeposit,includingtheLetterofCredit.Lessee acknowledgesthatallorpartofthefundsfromtheLetterofCreditmaybeusedto compensateCityfordamagesresultingfromtheterminationofthisLease, including,withoutlimitation,anydamagesrecoverableunderCaliforniaCivilCode section19512
•2.ContinuedEffect.ExceptasspecificallymodifiedbythisFirstAmendment, alltermsandconditionsoftheLeaseshallremaininfullforceandeffect.Intheeventof aconflictbetweenanytermandprovisionoftheLeaseandthisFirstAmendment,the termsandprovisionsofthisFirstAmendmentshallcontrol.Inaddition,exceptas otherwisestatedinthisFirstAmendment,allinitiallycapitalizedtermswillhavethesame 3 EXHIBIT B

Page 4 of 6 ends

67 respectivedefinedmeaningstatedintheLease.Allcaptionsareforreferencepurposes onlyandshallnotbeusedintheconstructionorinterpretationofthisFirstAmendment. 4 EXHIBIT B

Page 5 of 6 ends

68 IN

WITNESS

WHEREOF,
the
parties
have
caused
the
First
Amendment
to
be
effective
as
of
the
last
date
written
below.

Dated:
jL\,
2025
New
Cingular
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5 EXHIBIT B

Page 6 of 6 ends

69 ACKNOWLEDGMENT
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70 CITY COUNCIL STAFF REPORT
ITEM NO. 6.6

DATE:

January 12, 2026
TO:

Honorable Mayor and City Council
FROM:

Brent Smith, Community Development Director
SUBJECT:

Resolution of Intention to establish City of Livermore Community Facilities District 2026-1 (Garaventa Services).

RECOMMENDED ACTION

Staff recommends the City Council take the following actions:
1 .

Adopt a Resolution of Intention to form the CFD and call for a public hearing on February 23, 2026, to consider formation of the CFD.

DECISION TYPE
Administrative

SUMMARY
To meet the condition of approval for Tentative Tract Map 8094, located north of Altamont Creek Elementary School along Bear Creek Drive, the property owner, Lafferty Communities, has submitted a signed petition and consents to the formation of Community Facilities District No. 2026-1 Garaventa Services (CFD).

Under the Mello-Roos Act of 1982, a Resolution of Intention must be adopted establishing the hearing date for district formation. The Resolution of Intention describes the operation and maintenance services proposed to be included in the CFD and describes the rate and method of apportionment of the special tax rate to be levied (Rate and Method) in the CFD. The resolution also establishes the public hearing date, which must be held between 30 and 60 days after the date of the resolution. The public hearing allows for public protest of the formation of the district and enables the Council to tabulate ballots from the landowner election. If the election is successful and the Council chooses, they may adopt a Resolution of Formation to form the district. An ordinance must then be adopted levying the special tax in 71 perpetuity within the CFD. The ordinance authorizes the City Manager to levy the special taxes each year based on the Rate and Method.

With the formation of the CFD, the residential units within Tentative Tract 8094 will provide their pro-rata share of maintenance funds for the Garaventa Hills public infrastructure and amenities. The maximum annual operation and maintenance costs for the public amenities in the CFD is estimated at $142,213 in FY 2025-26 to be spread over 44 residential units in Tract 8094. This estimate establishes the Max Cap of the annual assessment for the CFD and will be adjusted annually on July 1st based upon the prior calendar year's change in the Consumer Price Index - All Urban Consumers (San Francisco-Oakland- San Jose, CA) plus one percent (CPI +1%).

DISCUSSION
Development Projects with new public amenities such as trails, landscaping, and other public infrastructure are required, through condition of approval, to provide for the long-term maintenance of the new infrastructure.

The Garaventa Hills residential development Tract 8094, located north of Altamont Creek Elementary School along Bear Creek Drive, was conditioned to form a maintenance district to finance the maintenance and operation of the new storm drain outfalls to Altamont Creek, the multi-use trails located within the project's open space, long-term repair and replacement costs of the new pedestrian bridge that will connect Hawk Street to the Garaventa Hill Development for emergency vehicle access. The owners of the project have elected to form Community Facilities District 2026-1 (Garaventa Services) pursuant to the Mello-Roos Act. The boundary of CFD 2026-1 is shown in Attachment 1.

Cost for administration of the CFD maintenance items, as well as Alameda County's collection of the special taxes, will also be funded by the CFD and are further defined in the description of services attached to the Resolution of Intention.

PROCEDURE - INTENT TO FORM

The City of Livermore (City)'s consultant, NBS, has prepared the proposed boundary map and the Rate and Method for the CFD. The law firm of Jones Hall has prepared the legal documents associated with the CFD formation. Staff has reviewed the proposed Boundary Map, Rate and Method and legal documents, pursuant to which the City will levy special taxes in the CFD to pay the services described above.

Staff recommends the City Council use the following process to form the CFD:

January 12, 2026 - The City Council receives the executed petition from the landowner/developer in the proposed CFD; petition asks the City Council to establish the CFD and waives the time requirements and certain procedures otherwise applicable to the special tax election.

January 12, 2026 - The City Council adopts the Resolution of Intention to establish the CFD. The Resolution of Intention will set the date, time, and place of the public hearing, direct the City Clerk to record the boundary map for the CFD and direct the City Engineer to prepare a report (Community Facilities District Report) that describes the services that will be required to adequately meet the needs of the CFD and estimates the fair and reasonable cost of the services and incidental expenses related to 72 the services, and all other related costs.

Following the adoption of the Resolution of Intention, the Community Facilities District Report will be available for public review at City Hall and on the City's website. A Public Hearing Notice will be published in a local newspaper a minimum of 7 days prior to the City Council public hearing on February 23, 2026.

February 23, 2026 - The City Council holds a public hearing and adopts a Resolution of Formation which forms the CFD.

The City Clerk conducts an election of the qualified landowner electors in the CFD (mailed ballots will be mailed to the landowner electors approximately 2 weeks before the election and will be received by the City Clerk prior to the public hearing). Each landowner elector will have one vote for each acre or portion of an acre of land that they own within the CFD. If two-thirds of the votes cast at the election are in favor of levying the special tax, then the election will be successful.

Following the election, the City Council will adopt a resolution declaring the results of the election and directing recordation of a notice of special tax lien, and it will undertake the first reading of an ordinance levying special taxes in the CFD.

March 9, 2026 - The City Council adopts an ordinance levying the special tax in perpetuity in the CFD.

August 10, 2026 - Deadline to file the special tax with Alameda County for FY 2026-27.

FISCAL AND ADMINISTRATIVE IMPACTS

The City will administer the CFD on an annual basis and will budget for, and manage, the necessary maintenance, operation, and administration. All related expenditures will be paid by the CFD. The estimated annual cost for maintaining all the items in the Description of Services for the CFD is approximately $142,213.

The FY 2025-26 Special Tax Requirement Maximum Cap is estimated at $142,213, an average of $3,233 per residential unit. The maximum cap will escalate on July 1, 2026, and annually each July 1 thereafter, based upon the prior calendar year's change in the Consumer Price Index (CPI) - All Urban Consumers (San Francisco-Oakland-San Jose, CA) plus one percent (CPI +1%).

COMMUNITY PILLAR

1: A Safe Community That Thrives

GOAL

9: Facilitate new development consistent with the City's General Plan

ATTACHMENTS

1. CFD 2026-1 (Garaventa Services)-Boundary Map

2. Landowner Petition
73 3. Resolution

4. Exhibit A - Description of Services

5. Exhibit B - Rate and Method of Apportionment for Special Taxes

Prepared by: Christopher Ferrel
Associate Civil Engineer

PETITION
(With Waivers)

To Create a Community Facilities District
and Related Matters

___________, 2026

To The Honorable City Council
City of Livermore
1052 South Livermore Avenue
Livermore, CA 94550

Members of the City Council:

This Petition (With Waivers) (“Petition”) relates t o the creation of a Community Facilities District and related matters under the Mello-Roos C ommunity Facilities Act of 1982 (the “Act”) and it states as follows:

1. Petitioner . This Petition is submitted by the person (the “Petitioner”) (whether one or more) identified below as or for the record owner(s) of the parcels of land identified below (the “Property”). The Petitioner warrants under penalty of perjury under California law to the City of Livermore (the “City”) that the Petitioner is such owner or is legally authorized to execute this Petition for and on behalf of such owner(s).

2. Proceedings Requested . This Petition asks that the City Council undertak e proceedings under the Act to create a Community Fac ilities District to be designated “City of Livermore Community Facilities District No. 2025-1 (Garaventa Services)” (the “Community Facilities District”) to levy special taxes (“Special Taxes”) in the Community Facilities District.

3. Boundaries . This Petition asks that the territory to be inclu ded in the boundaries of the Community Facilities District consist of tha t shown on a map of the proposed boundaries of the Community Facilities District filed with the City Clerk of the City and which map is hereby made a part hereof and which map includes the Property.

Petitioner hereby represents and warrants that, to the best knowledge of the Petitioner as of the date hereof, there are no registered voters residing within the boundaries of the Property.

4. Purpose . This Petition requests that the Community Facilit ies District be created and that the Special Taxes be levied to finance all or a part of the public services (the “Services”) shown in Exhibit A attached hereto and made a part hereof.

76 77
78 79
80 Exhibit A

Page 1 ends

EXHIBIT A

CITY OF LIVERMORE
Community Facilities District No. 2025-1
(Garaventa Services)

DESCRIPTION OF SERVICES

Special Taxes collected in the CFD will fund, in whole or in part, the services listed below.

Services may be performed inside the CFD and outside the CFD if the City has concluded that such services would benefit properties in the CFD.

1. Trail Improvement Services
Trail Improvement Services include the maintenance, operation and repair and replacement of the multi-use trails within the proj ect’s open space. Trail Improvement Services also include trash pickup, weed control, and flood and storm protection services, clearing, removals and grading. The costs of Trail Improvement Services include any associated electricity, water, and other utility co sts. Trail Improvements include, but are not limited to, maintenance, operation, repair and replacement of storm drain system (including pipe, catch basins and manholes), permea ble swale, rip rap, pavement restoration and rehabilitation, sidewalks, curbs an d gutters, driveways to adjacent roadways, bollards, retaining walls, gates, fences, signage and monuments.

2. Hawk Street Bridge Services
Hawk Street Bridge Services include the maint enance, operation and repair and replacement of the bridge structure, abutments and street improvements along Hawk Street. Hawk Street Bridge Services include, but ar e not limited to, maintenance operation, repair and replacement of bridge structu re & abutments, AC pavement, Altamont School driveway, retaining wall, removable bollard, water line system, signage and striping. The costs of Hawk Street Bridge Services include any associated electricity, water, and other utility costs.

3. Storm Drain Outfall Services
Storm Drain Outfall Services include the maintenanc e, operation and repair and replacement of the storm drain outfalls to Altamont Creek. Storm Drain Outfall Services include, but are not limited to, maintenance, opera tion, repair and replacement of storm drain pipes, manholes, outfalls and rip rap dissipa ters. The costs of Storm Drain Outfall Services include any associated electricity, water, and other utility costs.

4. Maintenance and Operation of Other Property.

Maintenance and operation of any real property or o ther tangible property with an estimated useful life of five or more years that is owned by the City or by another local agency pursuant to an agreement entered into under Section 53316.2.

MISCELLANEOUS ITEMS RELATED TO THE SERVICES
81 82
83 1 RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION OF INTENTION TO ESTABLISH

CITY OF LIVERMORE COMMUNITY FACILITIES DISTRICT
NO. 2026-1 (GARAVENTA 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.

This Council, having received petitions from the owner(s) of not less than 10% of the area of land proposed to be included in the proposed community facilities distr ict, now desires to proceed with the establishment of such community faciliti es district to finance costs of certain services required to meet the demands of development of lands in the City.

NOW, THEREFORE, B E IT RESOLVED by the City Council of th e City of Livermore, that this Council proposes to conduct proceedings to establish a community facilities district pursuant to the Act.

BE IT FURTHER RESOLVED , the name proposed for the community facilities district is "City of Livermore Community Faciliti es District No. 202 6-1 (Garaventa Services)" (the “CFD”).

BE IT FURTHER RESO LVED, the proposed boundaries of the CFD are as shown on the map on file with the City Clerk, which is hereby preliminarily approved and to which reference is hereby made for further particulars. The City Clerk is hereby directed to record, or cause to be recorded, the map of the boundaries of the CFD in the office of the County Recorder within 15 days of the date of adoption of this Resolution.

BE IT FURTHER RESOLVED, the type of services proposed to be financed by the CFD pursuant to the Act shall consis t of those listed in Exhibit A hereto and hereby incorporated herein (the “Services”). The Council hereby determines that the Services are necessary to meet increased demands for such services placed upon local agencies as the result of development occurri ng within the area of the CFD. The Services are in addition to those provided in the territory of the CFD as of the date hereof and will not supplant services already available wi thin the territory of the CFD as of the date hereof.

BE IT FURTHER RESOLVED, except to the extent that funds are otherwise available to the CFD to pay for the Services, one or more special taxes (the “Special Tax”) sufficient to pay the costs thereof, secured by recordation of a continuing lien against all non-exempt real property in the CFD, will be levied annually within the CFD, and collected in the same manner as ordinary ad valorem property taxes, or in such 84 2 RESOLUTION NO. ________
other manner as this Council or its designe e shall determine, including direct billing of the affected property owners. The proposed rate and method of apportionment of the Special Tax (the “Rate and Method”) among the parcels of real property within the CFD in sufficient detail to allow each landowner within the proposed CFD to estimate the maximum amount such owner will h ave to pay, are described in Exhibit B , attached hereto and hereby incorporated herein. This Council hereby finds that the provisions of Section 53313.6, 53313.7 and 53313.9 of the Act (relating to adjustments to ad valorem property taxes and schools finan ced by a community facilities district) are inapplicable to the proposed CFD.

BE IT FURTHER RESOLVED, except as may otherwise be provided by law or by the Rate and Method, all lands owned by any public entity, including the United States, the State of Cal ifornia, the County or the City, or any departments or political subdivisions thereof, shall be omitted from the levy of the Special Tax to be made to cover the costs and expenses of the Services and the CFD. In addition, properties in the CFD shall be exe mpt from the Special Tax to the extent required by the Act. If any portion of the property within the CFD becomes for any reason exempt, wholly or in part, from the levy of the Special Tax, this Council will, on behalf of the CFD, increase the levy to the extent necessary upon the remaining pro perty within the CFD that is not exempt in order to yield the annual expenses of the CFD, if any, subject to the provisions of the rate and method of apportionment of the Special Tax.

BE IT FURTHER RESOLVED, the levy of the Special Tax in the CFD shall be subject to the approval of the qualified electors of the CFD at a special election. The proposed voting procedure shall be by mailed or hand -delivered ballot among the landowners in the proposed CFD, with each owner having one vote for each acre or portion of an acre such owner owns in the CFD not exempt from the Special Tax.

BE IT FURTHER RESOLVED, the City Engineer (or deputy or designee thereof) is hereby directed to study the proposed Services and to make, or cau se to be made, and file with the City Clerk a report in writing (the “CFD Report”), which shall be a part of the record of the public hearing hereinafter specified and which shall present the following:

(a) A description of the Services that will be requi red to adequately meet the needs of the CFD.

(b) An estimate of the fair and reasonable cost of the Services and incidental expenses in connection therewith, and all other related costs.

BE IT FURTHER RESOLVED, Council hereby appoints and fixes February 23, 2026, at 7:00 p.m. or as soon as possible thereafter, in the City Council Chambers, 1016 S. Livermore Avenue, Livermore, California, as the time and place when and where this Council, as legislative body for the CFD, will conduct a public hearing on th e establishment of the CFD and consider and finally determine whether the public 85 3 RESOLUTION NO. ________
interest, convenience and necessity require the formation of the CFD and the levy of the Special Tax.

BE IT FURTHER RESOLVED, the City Clerk is hereby directed to cause notic e of the public hearin g to be given by publication one time in a newspaper published in the area of the CFD. The publication shall be completed at least 7 days before the date of the public hearing specified above.

The notice of the public hearing shall b e substantially in the form specified in Section 53322 of the Act, with the form summarizing the provisions hereof hereby specifically approved.

BE IT FURTHER RESOLVED, this City Council hereby appoints (i) Jones Hall, A Professional Law Corporation, as l egal counsel to the Ci ty in connection with formation of the CFD and (ii) NBS as special tax consultant to the City in connection with formation of the CFD. The Director of Administrative Services is hereby authorized to execute a retainer agreement with N BS and the City Attorney is hereby authorized to execute a legal services agreement with Jones Hall, each in substantially the form and substance of the agreement on file with the City Clerk.

BE IT FURTHER RESOLVED, this resolution shall take effect upon its adoption.

On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing r esolution was passed and adopted on January 12, 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED AS TO FORM:

_____________________________ /s/ Molly A. O’Toole
Ashley Zieba Molly A. O'Toole
Acting City Clerk Assistant City Attorney

Exhibit A – Description of Services
Exhibit B – Rate and Method of Apportionment for Special Taxes

86 Exhibit B

Page 1 ends

EXHIBIT A

CITY OF LIVERMORE
Community Facilities CFD No. 2025-1
(Garaventa Services)

DESCRIPTION OF SERVICES

Special Taxes collected in the CFD will fund, in wh ole or in part, the services listed below. Services may be performed inside the CFD and outside the CFD if the City has concluded that such services would benefit properties in the CFD.

1. Trail Improvement Services
Trail Improvement Services include the maintenance, operation and repair and replacement of the multi-use trails within the proj ect’s open space. Trail Improvement Services also include trash pickup, weed control, a nd flood and storm protection services, clearing, removals and grading. The costs of Trail Improvement Services include any associated electricity, water, and othe r utility costs. Trail Improvements include, but are not limited to, maintenance, opera tion, repair and replacement of storm drain system (including pipe, catch basins and manh oles), permeable swale, rip rap, pavement restoration and rehabilitation, sidewalks, curbs and gutters, driveways to adjacent roadways, bollards, retaining walls, gates, fences, signage and monuments.

2. Hawk Street Bridge Services
Hawk Street Bridge Services include the maint enance, operation and repair and replacement of the bridge structure, abutments and street improvements along Hawk Street. Hawk Street Bridge Services include, but ar e not limited to, maintenance operation, repair and replacement of bridge structu re & abutments, AC pavement, Altamont School driveway, retaining wall, removable bollard, water line system, signage and striping. The costs of Hawk Street Bridge Servi ces include any associated electricity, water, and other utility costs.

4. Maintenance and Operation of Other Property.

MISCELLANEOUS ITEMS RELATED TO THE SERVICES
87 Exhibit B

Page 2 ends

1. Definitions

a. “Services” has the meaning given that term in th e Mello-Roos Community Facilities Act of 1982, as amended (the “Act”).

b. “Maintenance” has the meaning given that term in the Act, and includes, but is not limited to, servicing, repair and removal.

2. Reserves. Special taxes may be used to fund oper ating reserves, capital reserves, and “costs” and “incidental expenses” rel ated to the authorized Services as those terms are defined in the Act.

3. Delinquencies. Special taxes may be levied to cu re actual or estimated delinquencies in such special taxes for the current or previous fiscal years.

4. Performance of Services. The Services may be per formed by the City, or the City may engage a third party (including any owner of pr operty in the CFD or a property owners’ association) by contract to perform the services.

5. Administrative Expenses. The CFD will also finan ce the expenses incurred by the CFD in administering the CFD, including, but not limited to, the levy and collection of the special taxes, the fees and expenses of the City’s legal counsel, costs related to annexing property into the CFD, charges levied by t he County of Alameda (“County”) in connection with the levy and collection of the spec ial taxes, costs related to property owner inquiries regarding special taxes, costs asso ciated with appeals or requests for interpretation associated with the special taxes an d the Rate and Method, costs associated with foreclosure and collection of delinquent special taxes and all other costs and expenses of the City and County in any way rela ted to the establishment or administration of the CFD.

88 City of Livermore
Community Facilities District No. 2025-1 (Garaventa Se rvices) Page 1

RATE AND METHOD OF APPORTIONMENT

FOR CITY OF LIVERMORE
COMMUNITY FACILITIES DISTRICT NO. 2026-1
(GARAVENTA SERVICES)
A Special Tax, as hereinafter defined, shall be lev ied and collected in City of Livermore Community Facilities District No. 2026-1 (Garaventa Services) (“CFD No. 2026-1”) each Fiscal Year commencing in Fiscal Year 2025/26, in an amount determined by the application of the procedures below. All Taxable Property, as hereinafter defined, unless exempted b y law or by the provisions hereof, shall be taxed f or the purposes, to the extent and in the manner herein provided.

A. DEFINITIONS
The terms hereinafter set forth have the following meaning:
“Accessory Dwelling Unit” or “ADU” means all Assessor’s Parcels of Residential Property for which a building permit(s) has been issued for an “Accessory Dwelling Unit” that is separate from a primary Unit, as defined in California Government Code Sect ion 66313, as may be amended from time to time, that is accessory to a primary Unit.
“Acre” or “Acreage” means the land area of an Assessor’s Parcel as sho wn on an Assessor’s Parcel Map or in the Assessor’s Data for each Assessor’s Parcel. In the event the Assessor’s Parcel Map or Assessor’s Data shows no Acreage, the Acreage for any Assessor’s Parcel shall be determined by the CFD Administrator based upon the applicable final m ap, parcel map, condominium plan, or other recorded County parcel map. If the preceding maps are not available, the Acreage of an Assessor’s Parcel may be determined utilizing GIS.
“Act” means the Mello-Roos Community Facilities Act of 19 82, as amended, being Chapter 2.5, Division 2 of Title 5 of the Government Code of the State. “Administrative Expenses” means the actual or reasonably estimated costs dir ectly related to the administration of CFD No. 2026-1 including, but not limited to, the following: the costs of computing the Annual Special Tax Requirement and of preparing the Special Tax collection schedules; the costs of collecting the Special Tax, including any charge s levied by the County Auditor’s Office, Tax Collector’s Office or Treasurer’s Office; the costs of the City or designee in complying with the disclosure requirements of the California Governmen t Code (including the Act), including public inquiries regarding the Special Tax; the costs of t he City or designee related to an appeal of the Special Tax; and the costs of commencing and pursui ng to completion any action arising from any delinquent Special Tax in CFD No. 2026-1. Administr ative Expenses shall also include amounts estimated or advanced by the City or CFD No. 2026-1 for any other administrative purposes, including, but not limited to, attorney’s fees.
“Annual Services Costs” means the respective amounts determined by the CFD Administrator required to fund services authorized to be funded b y CFD No. 2026-1 for the applicable yearly period.
89 City of Livermore
Community Facilities District No. 2025-1 (Garaventa Se rvices) Page 2 “Annual Special Tax Requirement” means that amount with respect to CFD No. 2026-1 determined by the City Council or designee as required in any Fiscal Year to pay: (1) the Administrative Expenses, (2) the Annual Services Costs, (3) any amount requi red to establish or replenish any reserve or replacement fund established in connection with CFD No. 2026-1, and (4) any reasonably anticipated delinquent Special Tax based on the del inquency rate for any Special Tax levied in the previous Fiscal Year.
“Assessor’s Data” means Assessor’s Parcel Number, Units, Building Square Feet, Acreage, or other information contained in the records of the County Assessor for each Assessor’s Parcel. “Assessor’s Parcel” or “Parcel” means a lot or parcel shown in an Assessor’s Parce l Map and/or Assessor’s Data with an assigned Assessor’s Parcel Number. “Assessor’s Parcel Map” means an official map of the Assessor of the Count y designating parcels by Assessor’s Parcel Number.
“Assessor’s Parcel Number” means, with respect to an Assessor’s Parcel, that number assigned to such Assessor’s Parcel by the County Assessor for purposes of identification. “Building Square Feet” or “BSF” means all of the square footage within the perimet er of a structure, not including any carport, walkway, gara ge, overhang, patio, enclosed patio, or similar area. The determination of Building Square Feet shall be made by reference to the Assessor’s Data.

If the Assessor’s Data does not show Building Squar e Feet, building permit(s) issued for such structure, or other records of the City shall be used, as determined by the CFD Administrator. “CFD Administrator” means an official of the City, or designee thereof, responsible for determining the Annual Special Tax Requirement and providing for the levy and collection of the Special Taxes. “CFD No. 2026-1” means the City of Livermore Community Facilities District No. 2026-1 (Garaventa Services).
“City” means the City of Livermore.
“City Council” means the City Council of the City, acting as the legislative body of CFD No. 2026-1. “County” means the County of Alameda.
“County Assessor” means the County Assessor of the County. “Developed Property” means, in any Fiscal Year, all Taxable Property in CFD No. 2026-1 for which a building permit for new construction was issued by the City prior to June 30 of the preceding Fiscal Year.
“Exempt Property” means all Assessors’ Parcels within the boundary of CFD No. 2026-1 which are exempt from the Special Tax pursuant to Section E.
"Final Subdivision Map" means a subdivision of property created by recordat ion of a final subdivision map, parcel map or lot line adjustment, approved by the City pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or recordation of a condominium plan 90 City of Livermore
Community Facilities District No. 2025-1 (Garaventa Se rvices) Page 3 pursuant to California Civil Code 4120, that create s individual lots for which residential building permits may be issued without further subdivision of such property. “Fiscal Year” means the period starting July 1 and ending on the following June 30. “GIS” means a geographic information system.
“Maximum Special Tax” means the maximum Special Tax authorized to fund the Annual Special Tax Requirement in any Fiscal Year that may apply to Taxable Property as described in Section C. “Non-Residential Property” means all Assessor’s Parcels of Developed Property for which a building permit(s) was issued for a non-residential use.
“Open Space Property” means property within the boundaries of CFD No. 2026-1 which (i) has been designated with specific boundaries and Acreage on a Final Subdivision Map as open space, (ii) is classified by the County Assessor as open space, (iii) has been irrevocably offered for dedication as open space to the federal government, the State, the County, the City, or any other public agency, or (iv) is encumbered by an easement or other restr iction required by the City limiting the use of such property to open space.
“Property Owners’ Association” means any property owners’ association. As used in this definition, a Property Owners’ Association includes any home-ow ner’s association, condominium owners’ association, master or sub-association or non-residential owners’ association. “Property Owners’ Association Property” means any property within the boundaries of CFD No . 2026-1 which is (a) owned by a Property Owners’ Ass ociation or (b) designated with specific boundaries and acreage on a Final Subdivision Map as property owners’ association property. “Proportionately” means for Taxable Property that the ratio of the Special Tax levy to the Maximum Annual Special Tax is equal for all Assessors’ Parcels of Taxable Property levied within each property land use classification within CFD No. 2026-1.
“Public Property” means any property within the boundaries of CFD No. 2026-1 which (i) is owned by a public agency, (ii) has been irrevocably offer ed for dedication to a public agency, or (iii) is designated with specific boundaries and Acreage on a Final Subdivision Map as property which will be owned by a public agency. For purposes of this d efinition, a public agency includes the federal government, the State, the County, the City, school districts, or any other public agency. “Residential Property” means all Assessor’s Parcels of Developed Property for which a building permit has been issued for purposes of constructing one or more residential dwelling units. “Special Tax” means the amount levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Annual Special Tax Requirement.
“State” means the State of California.
“Taxable Property” means all of the Assessor’s Parcels within the bou ndaries of CFD No. 2026-1 that are not exempt from the Special Tax pursuant to law or Section E below. “Undeveloped Property” means all of the Assessor’s Parcels within the boundaries of CFD No. 2026- 91 City of Livermore
Community Facilities District No. 2025-1 (Garaventa Se rvices) Page 4 1 that is not classified as Developed Property, Ope n Space Property, Property Owners’ Association Property, or Public Property.
“Unit” means an individual residential dwelling unit. The number of Units assigned to each Assessor’s Parcel may be determined by (i) referencing Assessor’s Data, (ii) site surveys and physical unit counts, and/or (iii) other research by the CFD Administrator. “Welfare Exempt Property” means, in any Fiscal Year, all Parcels within the boundaries of CFD No. 2026-1 that (a) have been granted a welfare exempti on by the County under subdivision (g) of Section 214 of the Revenue and Taxation Code indica ted in the Assessor’s Data finalized as of January 1 of the previous Fiscal Year, and (b) are exempt from the Special Tax pursuant to Section 53340(c) of the Act.

B. DETERMINATION OF TAXABLE PARCELS
Each Fiscal Year, the CFD Administrator shall determine the valid Assessor’s Parcel Numbers for all Taxable Property within CFD No. 2026-1. If any Asse ssor’s Parcel Numbers are no longer valid, the CFD Administrator shall determine the new Assessor’s Parcel Number or Numbers in effect for the then-current Fiscal Year. To the extent a Parcel or Parcels of Taxable Property are subdivided, consolidated, or otherwise reconfigured, the Maximu m Special Tax shall be assigned to the new Assessor’s Parcels Numbers pursuant to Section C. T he CFD Administrator shall also determine: (i) which Parcels are Taxable Property; (ii) the number of Units or Building Square Footage each Parcel contains; (iii) the property type, i.e., Residentia l Property, Non-Residential Property, etc.; and (iv ) the Annual Special Tax Requirement for the Fiscal Year.

C. MAXIMUM ANNUAL SPECIAL TAX RATES
The Maximum Special Taxes for each Assessor’s Parcel of Taxable Property shall be assigned below:

1. Maximum Special Taxes
The Maximum Special Tax for each Assessor’s Parcel of Taxable Property shall be assigned according to Table 1 below:

TABLE 1

MAXIMUM SPECIAL TAX RATES
FISCAL YEAR 2025/26*
Land Use Category Maximum Special Tax Rate Per
Residential Property $3,233.00 Unit
Accessory Dwelling Unit See below
*On July 1 of each Fiscal Year, commencing on July 1, 2026, the Maximum Special Tax rates shall be increased by the February annual percentage change in the Consumer Price Index for all Urban Consumers (“CPI-U”) for the San Francisco-Oakland-H ayward, CA, plus one percent (1.0%). If the percentage change in the CPI-U is negative, the Maximum Special Tax rates shall not be decreased. In the event the index described above ceases to be publis hed, it shall be replaced by another reasonably comparable index, as determined by the City.
92 City of Livermore
Community Facilities District No. 2025-1 (Garaventa Se rvices) Page 5

2. Accessory Dwelling Units
The Maximum Special Tax for an Accessory Dwelling Unit shall be calculated as a percentage of the Maximum Special Tax for the primary Unit the ADU is accessory to, based on Building Square Footage. For example, if a primary Unit of Resident ial Property with 2,000 BSF has an ADU of 800 BSF, the Maximum Special Tax for the ADU shall be calculated by the following steps:

1. 800 BSF / 2,000 BSF = 0.40 or 40%

2. $3,233.00 Maximum Special Tax per Unit x 40% = $1,293.20 Maximum Special Tax for such ADU

3. Assignment of Maximum Special Tax to Newly Created Assessor’s Parcel(s) When an Assessor’s Parcel changes or subdivides, th e Maximum Special Tax shall be assigned to each newly created Assessor’s Parcel so that there is no net loss in the Maximum Special Tax revenue to be generated as a result of changes in the planned development.

When an Assessor’s Parcel changes or subdivides, and there are changes to the overall planned development within CFD No. 2026-1, the process for assigning the Maximum Special Tax to each newly created Assessor’s Parcel is as follows:

Step 1: Sum the expected Maximum Special Tax assigned to each Assessor’s Parcel that is being changed or subdivided.

Step 2: Identify the newly created Assessor’s Parce l(s) of Taxable Property created by the change or subdivision and assign the Maximum Specia l Tax to each newly created Assessor’s Parcel of Taxable Property according to the then-cu rrent Maximum Special Tax Rates for each Land Use Category. Sum the Maximum Special Tax assi gned to each newly created Assessor’s Parcel of Taxable Property.

Step 3: Divide the total expected Maximum Special Tax in Step 1 by the total Maximum Special Tax assigned in Step 2 to arrive at a fraction.

Step 4: Apportion the total Maximum Special Tax from Step 1 to each newly created Assessor’s Parcel of Taxable Property by multiplying each newl y created Assessor’s Parcel fraction, determined in Step 3, by the then-current Maximum S pecial Tax Rates for each Land Use Category.

Step 5: The Maximum Special Tax assigned to each ne wly created Assessor’s Parcel of Taxable Property shall be the greater of the Maximum Specia l Tax assigned in Step 2 or the Maximum Special Tax calculated in Step 4.

When an Assessor’s Parcel changes or subdivides, an d there are no changes to the planned development within CFD No. 2026-1, the Maximum Spec ial Tax shall be assigned according to Table 1.

93 City of Livermore
Community Facilities District No. 2025-1 (Garaventa Se rvices) Page 6 The planned development for CFD No. 2026-1 is provided in the table below:

Land Use Category
Planned
Development
Residential Property 44 Units

Once created, if a newly created Assessor’s Parcel( s) of Taxable Property further changes or subdivides, the above steps shall be repeated to de termine the Maximum Special Tax for the additional newly created Assessor’s Parcel(s) of Ta xable Property created from the change or subdivision.

D. METHOD OF APPORTIONMENT OF THE SPECIAL TAXES
All Taxable Property shall be subject to the Specia l Tax defined as follows. The Special Tax shall be levied each Fiscal Year by the CFD Administrator.

The Annual Special Tax Requirement shall be apportioned to each Parcel within CFD No. 2026-1 by the method shown below.

First: Determine the Annual Special Tax Requirement.

Second: Levy the Special Tax on each Parcel of Deve loped Property, Proportionately, up to the applicable Maximum Special Tax.

Under no circumstances will the Special Taxes on an y Assessor’s Parcel of Developed Residential Property be increased by more than 10% as a consequence of delinquency or default by the owner of any other Assessor’s Parcel within CFD No. 2026-1.

E. EXEMPTIONS
Notwithstanding any other provision of this Rate an d Method of Apportionment of Special Tax, no Special Tax shall be levied on Non-Residential Prop erty, Open Space Property, Property Owners’ Association Property, Undeveloped Property, Assesso r’s Parcels with public or utility easements making impractical their utilization for any use other than the purposes set forth in the easement, or Public Property, except as otherwise provided in Sections 53317.3, 53317.5 and 53340.1 of the Act.

No Special Tax shall be levied on any Assessor’s Pa rcel in any Fiscal Year in which such Assessor’s Parcel is classified as Welfare Exempt Property.

F. APPEAL OF SPECIAL TAX LEVY
Any property owner may file a written appeal of the Special Tax with the CFD Administrator claiming that the amount or application of the Special Tax i s not correct. The appeal must be filed not later than one calendar year after having paid the Special Tax that is disputed, and the appellant must be current in all payments of the Special Tax. In addi tion, during the term of the appeal process, all Special Tax levied must be paid on or before the payment date established when the levy was made. 94 City of Livermore
Community Facilities District No. 2025-1 (Garaventa Se rvices) Page 7 The appeal must specify the reasons why the appella nt claims the Special Tax is in error. The CFD Administrator shall review the appeal, meet with th e appellant if the CFD Administrator deems necessary, and advise the appellant of its determination.

If the property owner disagrees with the CFD Admini strator’s decision relative to the appeal, the owner may then file a written appeal with the City Council whose subsequent decision shall be final and binding on all interested parties. If the decision of the CFD Administrator or subsequent decision by the City Council requires the Special Tax to be modified or changed in favor of the property owner, then an adjustment shall be made to credit the Special Tax in future years.

This procedure shall be exclusive and its exhaustio n by any property owner shall be a condition precedent to filing any legal action by such owner.

G. INTERPRETATIONS OF RATE AND METHOD OF APPORTIONM ENT The City reserves the right to make minor administr ative and technical changes to this document that do not materially affect the rate and method o f apportioning the Special Tax. In addition, the interpretation and application of any section of th is document shall be at the City’s discretion.

Interpretations may be made by the City Council by ordinance or resolution for purposes of clarifying any vagueness or ambiguity in this Rate and Method of Apportionment of Special Tax.

H. MANNER AND DURATION OF SPECIAL TAX
The Special Tax shall be collected in the same mann er and at the same time as ordinary ad valorem property taxes, provided that the City may directly bill the Special Tax, may collect the Special Tax at a different time or in a different manner if needed to meet the financial obligations of CFD No. 2026- 1, and may collect delinquent Special Taxes through available methods.

Special Taxes shall continue to be levied and collected within CFD No. 2026-1, as needed to fund the Annual Special Tax Requirement, in perpetuity.

I. PREPAYMENT OF SPECIAL TAX
The Special Tax may not be prepaid.

J. REPEAL OF SPECIAL TAX
If the levy of the Special Tax is repealed by initiative or any other action participated in by the owners of Assessor’s Parcels in CFD No. 2026-1, the City shall cease to levy the Special Tax and shall cease to be obligated to provide the authorized services for which the Special Tax was levied. The obligations to provide the authorized services previously funde d by the repealed Special Tax shall become the joint obligations of the property owners of Assessor’s Parcels within CFD No. 2026-1. 95 CITY COUNCIL STAFF REPORT
ITEM NO. 6.7

DATE:

January 12, 2026
TO:

Honorable Mayor and City Council
FROM:

Tina Olson, Administrative Services Director
SUBJECT:

Update on Host Community Impact Fee Reserve Policy related to the Bankhead Theater.

RECOMMENDED ACTION

Staff recommends City Council receive the update.

DECISION TYPE
Administrative

SUMMARY
City Council adopted the Host Community Impact Fee Reserve Policy (Policy) at their July 24, 2017 meeting. The purpose of this Policy is to establish adequate reserves for the Host Community Impact Fee (HCIF) revenues to insulate the City’s General Fund from the future financial obligations associated with the ownership of the Bankhead Theater. The HCIF Reserve Policy calls for an annual review of the HCIF Policy to determine whether it continues to help the City fulfill its Bankhead Theater obligations.

Staff reviewed the HCIF revenues, expenses, and fund balance and determined that there is no need to amend the Policy at this time.

DISCUSSION
In September of 2014, the City participated in a complex multi-party settlement agreement which secured the Bankhead Theater as a community facility. To facilitate the purchase of the Bankhead Theater, the City issued a variable rate debt obligation called a Certificate of Participation (COP). The 2014 COP Series A was issued for $9,380,000 in accordance with the Master Settlement Agreement and to be repaid with Host Community Impact Fees (HCIF) collected at the Vasco and Altamont Landfills. In June of 2020 the City issued fixed rate 2020 COPs refinancing the 2014 COPs to eliminate the inevitable interest rate increases that would affect the variable 2014 bond debt service payments. While these fixed payments are higher than the variable rates in 2020, they will remain the same regardless of interest rate swings. The 2020 COPs will be fully redeemed in 2042. If enough HCIF is not available to fund major structural and mechanical systems maintenance and replacement costs after making debt service 96 payments, the General Fund will make up for the shortfall.

To insulate the City’s General Fund from the financial risks associated with owning the Bankhead Theater, and in support of Council’s goal of long-term financial stability, Council adopted a HCIF Reserve Policy that requires the City to hold in reserve HCIF revenues received that are greater than the amount required to pay debt service to provide funding for maintenance and replacement of the facility’s major structural and mechanical systems. The policy also requires that this reserve and the factors that dictate its existence be regularly monitored and reported upon to ensure that adequate resources are available when needed.

Staff reviewed actual HCIF revenues, expenses, and fund balance and based on that review, staff do not recommend making any changes to the HCIF Policy. As such, all HCIF revenue received beyond that required to cover debt service will continue to be held in reserve to be available to meet the City’s financial obligations of the Bankhead Theater. As required in the Policy, staff will evaluate HCIF Policy updates as part of the FY 2027-28 budget

FISCAL AND ADMINISTRATIVE IMPACTS

There are no administrative or fiscal impacts associated with receiving this report.

COMMUNITY PILLAR

5: A City That Works

GOAL

17: Ensure effective use of public resources

ATTACHMENTS

Prepared by: Erik Peterson
Finance Manager

Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
97

Livermore City CouncilJanuary 12, 2026

Livermore City Council
January 12, 2026