CITY COUNCIL
AGENDA
MONDAY, APRIL 27, 2026
REGULAR MEETING –
7:00 PM
CLOSED SESSION - 6:40 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
April 27, 2026
1 1.
CLOSED SESSION - 6:40 PM
Roll Call
Opportunity for the the Public to Address City Council Regarding Closed Session Items Adjourn to Closed Session
Note: This Closed Session may be continued to the end of the Regular Meeting.
1.1 Conference with Real Property Negotiators. To meet with Andy Ross, Principal Planner, and Kam Purewal, Associate Planner, the City’s negotiators pursuant to Government Code Section 54956.8 regarding the sale and purchase of real property at Assessor Parcel Nos. 099B630000301, 099A178500114, 099B565000104, 099B630000302, 099B630000303, 099B650000201, 099A178000105, and 099B642500204. The City’s negotiators may negotiate with Matthew Ford, Esq. on behalf of the 2000 Corbett Family Trust and the Corbett Family Limited Partnership. The instructions will concern price and terms of payment.
2. CALL TO ORDER
3. PROCLAMATIONS AND PRESENTATIONS
3.1 Proclamation recognizing California Water Service Group's Centennial Celebration presented to John Freeman and Robert Seeley.
Recommendation:
Staff recommends City Council recognize the California Water Service Group's Centennial Celebration.
Staff Report
Attachments:
1. Proclamation
3.2 Proclamation declaring May as Livermore Valley Wine Month presented to the Executive Director of the Livermore Valley Wine Foundation Brandi Lombardi.
Recommendation:
Staff recommends City Council declare the month of May as Livermore Valley Wine Month.
Staff Report
Attachments:
1. Proclamation
ROLL CALL
Council Member Ben Barrientos
Council Member Evan Branning
Council Member Steven Dunbar
Vice Mayor Kristie Wang
Mayor John Marchand
PLEDGE OF ALLEGIANCE
REPORT OF ACTION TAKEN IN CLOSED SESSION
Livermore City Council Agenda
April 27, 2026
2 4.
ADVISORY BODY APPOINTMENTS
4.1 Confirm Advisory Body appointments to the Historic Preservation Commission, Library Board of Trustees, and the Livermore Housing Authority Board of Commissioners, and direct the City Clerk to administer the oath of office.
Recommendation:
The City Council Subcommittee on Advisory Bodies recommends the City Council confirm the advisory body appointments to the Historic Preservation Commission, Library Board of Trustees, and the Livermore Housing Authority Board of Commissioners, and direct the City Clerk to administer the oath of office.
Staff Report
5. OPEN FORUM
In conformance with the Brown Act, no City Council action can occur on items presented during Open Forum.
To provide public comment in person, please submit a speaker card. When your name is called, walk to the lectern to address City Council.
Comments are limited to a maximum of 3 minutes per person, per item. The Mayor may reduce the amount of time based on the number of persons wishing to speak.
Open Forum will conclude after 30 minutes; however, if there are additional speakers, Open Forum will reconvene before the meeting adjourns.
6. CONSENT CALENDAR
Consent Calendar items are considered routine and are acted upon by the City Council with a single action. Members of the audience wishing to provide public input must submit a speaker card found at the entrance of the Council Chambers. A speaker is limited to a single comment with a maximum of three minutes for the entire Consent Calendar. If Consent Calendar items are pulled for discussion by the City Council, a speaker will be allowed one comment per item on the items pulled for discussion and a separate comment for the remaining Consent Calendar.
6.1 Adopt an ordinance
amending Section 2.04.030 Compensation Limits for the Mayor and City Council Members of the Livermore Municipal Code to adjust the monthly compensation for the Mayor and City Council Members consistent with Measure W.
Recommendation:
Staff recommends City Council adopt an ordinance amending Section 2.04.030 Compensation Limits for the Mayor and City Council Members of the Livermore Municipal Code to adjust the monthly compensation for the Mayor and City Council Members consistent with Measure W.
Staff Report
Attachments:
1. Ordinance
6.2 Resolution awarding a construction contract with Bockmon & Woody Electric Company, Inc. in an amount not-to-exceed $2,234,030, for WRP SCADA Server & Network Upgrade Project WW202129.
Livermore City Council Agenda
April 27, 2026
3 Recommendation:
Staff recommends the City Council adopt a resolution for the WRP SCADA Server & Network Upgrade Project WW202129:
1 .
Awarding and authorizing the City Manager to execute a construction contract with Bockmon & Woody Electric Company, Inc., in an amount not-to-exceed $2,234,030, pursuant to Livermore Municipal Code Section 2.68.570 (C); and 2 .
Rejecting all other bids or proposals.
Staff Report
Attachments:
1. Project Location
2. Resolution
3. Exhibit A - Contract with Bockmon & Woody
6.3 Resolution authorizing the execution of a First Amendment to Affordable Housing Regulatory Agreement and Declaration of Restrictive Covenants between the City of Livermore and Pac Avenue, L.P.
Recommendation:
Staff recommends the City Council authorize the City Manager, or her designee, to execute a First Amendment to Affordable Housing Regulatory Agreement and Declaration of Restrictive Covenants between the City of Livermore and Pac Avenue, L.P.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - First Amendment
6.4 Resolution adopting an updated policy for distribution of Tickets, Passes, and Gifts.
Recommendation:
Staff recommends the City Council adopt a resolution approving an updated Policy for Distribution of Tickets, Passes, and Gifts to replace the policy previously adopted by Resolution No. 2010-056.
Staff Report
Attachments:
1. 2010 Resolution and Policy
2. Resolution
3. Exhibit A - Policy and Forms
6.5 Resolution authorizing the execution of an agreement with RingCentral, Inc. for a five-year term for Unified Communications Services (RingEX) in an amount not-to-exceed $750,000
Recommendation:
Staff recommends the City Council adopt a resolution authorizing an agreement with RingCentral, Inc. for unified communications services (RingEX) for a five-year term, in an
Livermore City Council Agenda
April 27, 2026
4 amount not-to-exceed $750,000.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - RingCentral Initial Order Form
6.6 Resolution a
uthorizing the City Manager to sign the second amendment to the Emergency Medical Services First Responder Advanced Life Support (FRALS) Agreement between the City and the County of Alameda.
Recommendation:
Adopt a resolution authorizing the City Manager to sign the second amendment to the EMS FRALS Agreement.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - Second Amendment
6.7 Adopt a Resolution authorizing the City Manager to execute a Contract Change Order for the Livermore-Pleasanton Fire Department Joint Powers Authority with L.N. Curtis & Sons for an amount not-to-exceed $600,000
Recommendation:
Staff recommends the City Council adopt a resolution authorizing the City Manager, on behalf of LPFD in her capacity as a Joint Executive Director for LPFD, to execute a blanket contract change order with L.N. Curtis & Sons in an amount not-to-exceed $600,000 for the purchase of materials and supplies in support of daily operations and fire academy operations for the Livermore-Pleasanton Fire Department Joint Powers Authority (LPFD) for Fiscal Year 2025-
26. Staff Report
Attachments:
1. Resolution
2. Exhibit A
7. PUBLIC HEARINGS
7.1 Hearing to receive and consider protests and direct staff to proceed with fieldwork on the abatement of weeds, rubbish, dirt, or refuse on specific described properties under the 2026 Weed Abatement Program.
Recommendation:
Staff recommends City Council consider all protests, and if the City Council finds it appropriate, adopt a resolution overruling protests, and direct staff to proceed with necessary weed abatement on all parcels requiring abatement.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - List of Parcels & Property Owners
Livermore City Council Agenda
April 27, 2026
5 7.2
Public Hearing to receive information regarding the City’s job vacancies, recruitment, and retention efforts in accordance with Assembly Bill 2561, as required by Government Code section 3502.3.
Recommendation:
Staff recommends that the City Council receive the presentation only for information purposes during the public hearing at which staff will report on the City's job vacancies, recruitment, and retention efforts as required by AB 2561.
Staff Report
8. MATTERS FOR CONSIDERATION
8.1 Public comment on the renewal of the Livermore Valley Wine Heritage District.
Recommendation:
Staff recommends that the City Council receive public comment regarding the proposed renewal of the Livermore Valley Wine Heritage District. No City Council action is required.
Staff Report
Attachments:
1. Intent to Renew Staff Report
2. Resolution of Intent to Renew
3. Written Protest
4. Public Comment
8.2 Resolution approving an amendment to the City Attorney's contract.
Recommendation:
City Council recommends the City Council adopt a resolution approving an amendment to the City Attorney's employment contract.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - City Attorney Amended Contract
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, May 11, 2026 at 7:00 pm, Civic Center Meeting Hall, City Council Chamber, 1016 S. Livermore Avenue.
11. SUPPLEMENTAL MATERIALS
11.1 Supplemental materials received prior to the meeting.
Staff Report
Attachments:
Livermore City Council Agenda
April 27, 2026
6 1. Supplemental Materials
12. HOW TO PARTICIPATE IN YOUR CITY COUNCIL MEETING
You can participate in the meeting in a number of ways:
Open Forum
is an opportunity for the public to speak regarding items not listed on the agenda. Speakers are limited to a maximum of 3 minutes per person. To address the City Council in person, you must submit a speaker card to the City Clerk prior to the start of that item. Please note that the City Council is prohibited by State law from taking action on any items that are not listed on the agenda. However, if your item requires action, the City Council may place it on a future agenda or direct staff to work with you and/or report to the City Council on the issue.
Public Hearings
- The topic of the hearing is typically summarized by staff, followed by a presentation by the applicant, and questions from the City Council. The Mayor will then open the hearing to the public and offer an opportunity for public comments. Speakers are limited to a maximum of 3 minutes per person. To address the City Council in person, you must submit a speaker card to the City Clerk prior to the start of the presentation of the item.
Other Agenda Items
are also open for public input including Advisory Body Appointments, Consent Calendar, or Matters for Consideration items. These comments are also subject to the 3-minute limit. Public comment is not accepted on Proclamations and Presentations.
Special Meetings, Workshops
- The public will have the opportunity to address the City Council regarding the item that is the subject of the special meeting or workshop. Public comments are limited to a maximum of 3 minutes per person.
Platforms to Participate in Meetings:
Submission of Comments Prior to the Meeting:
Email Comments
may be submitted by the public to the City Clerk’s Office (
[email protected]
). Items received no later than 12:00 pm on the day of the meeting will be provided to the City Council and available on the City website prior to the meeting. These items will NOT be read into the record.
eComments
may be submitted by the public using the eComment link
here
. Comments may
be up to 1000 characters in length and will be accepted up until 4:00 pm the day of the meeting. These items will NOT be read into the record and are viewable by the City Council and the public upon submittal.
Submission of Comments During the Meeting:
Speakers are limited to a maximum of 3 minutes per person. To submit a comment you must complete a speaker card for each item. Speaker cards are available in the Civic Center Meeting Hall lobby. Indicate on the card the item number you wish to comment on and submit the card directly to the City Clerk prior to the start of the item. Please note that the City Council is prohibited by State law from taking action on any items that are not listed on the agenda.
Livermore City Council Agenda
April 27, 2026
7 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
April 27, 2026
8 CITY COUNCIL STAFF REPORT
ITEM NO. 3.1
DATE:
April 27, 2026
TO:
Honorable Mayor and City Council
FROM:
Marianna A. Burch, City Manager
SUBJECT:
Proclamation recognizing California Water Service Group's Centennial Celebration presented to John Freeman and Robert Seeley.
RECOMMENDED ACTION
Staff recommends City Council recognize the California Water Service Group's Centennial Celebration.
DECISION TYPE
Not Applicable
SUMMARY
DISCUSSION
ATTACHMENTS
1. Proclamation
Prepared by: Deborah
Davis
Executive Assistant
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
9 10
CITY COUNCIL STAFF REPORT
ITEM NO. 3.2
DATE:
April 27, 2026
TO:
Honorable Mayor and City Council
FROM:
Marianna A. Burch, City Manager
SUBJECT:
Proclamation declaring May as Livermore Valley Wine Month presented to the Executive Director of the Livermore Valley Wine Foundation Brandi Lombardi.
RECOMMENDED ACTION
Staff recommends City Council declare the month of May as Livermore Valley Wine Month.
DECISION TYPE
Not Applicable
SUMMARY
DISCUSSION
ATTACHMENTS
1. Proclamation
Prepared by: Deborah
Davis
Executive Assistant
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
11 12
CITY COUNCIL STAFF REPORT
ITEM NO. 4.1
DATE:
April 27, 2026
TO:
Honorable Mayor and City Council
FROM:
Marianna A. Burch, City Manager
SUBJECT:
Confirm Advisory Body appointments to the Historic Preservation Commission, Library Board of Trustees, and the Livermore Housing Authority Board of Commissioners, and direct the City Clerk to administer the oath of office.
RECOMMENDED ACTION
The City Council Subcommittee on Advisory Bodies recommends the City Council confirm the advisory body appointments to the Historic Preservation Commission, Library Board of Trustees, and the Livermore Housing Authority Board of Commissioners, and direct the City Clerk to administer the oath of office.
DECISION TYPE
Administrative
SUMMARY
On April 8, 2026 the City Council Subcommittee on Advisory Bodies interviewed applicants for Historic Preservation Commission, Library Board of Trustees, and the Livermore Housing Authority Board of Commissioners, and have submitted their recommendation for City Council consideration and appointment.
DISCUSSION
On April 8, 2026, the City Council Subcommittee on Advisory Bodies interviewed applicants for vacancies on the Historic Preservation Commission, Library Board of Trustees, and the Livermore Housing Authority Board of Commissioners, and recommends confirmation of the following appointments:
Historic Preservation Commission 1 Vacancy
Reappointment to a regular term ending May 1, 2030
13 Richard Hanan
Library Board of Trustees 2 Vacancies
Appointment to a regular term ending June 1, 2029
Erin Roslund
Re-appointment to a regular term ending June 1, 2029
Nancy Olavarrieta
Livermore Housing Authority 1 Vacancy
Appointment to an unexpired term ending January 1, 2027 and a possible regular term ending January 1, 2031, subject to City Council approval.
Dan Knight
Upon the City Council’s confirmation of the appointments by motion, the City Clerk will administer the oath of office to new appointees.
FISCAL AND ADMINISTRATIVE IMPACTS
No material fiscal or administrative impacts result from confirmation of these appointments.
COMMUNITY PILLAR
5: A City That Works
GOAL
2: Engage effectively with the City's advisory bodies
ATTACHMENTS
Prepared by: Helena Graves
Acting City Clerk
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
14 CITY COUNCIL STAFF REPORT
ITEM NO. 6.1
DATE:
April 27, 2026
TO:
Honorable Mayor and City Council
FROM:
Marianna A. Burch, City Manager
SUBJECT:
Adopt an ordinance
amending Section 2.04.030 Compensation Limits for the Mayor and City Council Members of the Livermore Municipal Code to adjust the monthly compensation for the Mayor and City Council Members consistent with Measure W.
RECOMMENDED ACTION
Staff recommends City Council adopt an ordinance amending Section 2.04.030 Compensation Limits for the Mayor and City Council Members of the Livermore Municipal Code to adjust the monthly compensation for the Mayor and City Council Members consistent with Measure W.
DECISION TYPE
Legislative
SUMMARY
DISCUSSION
ATTACHMENTS
1. Ordinance
Prepared by: Deborah
Davis
Executive Assistant
15 Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
16 1 ORDINANCE NO. ___________
IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA
AN ORDINANCE AMENDING SECTION 2.04.030 COMPENSATION LIMITS FOR
MAYOR AND COUNCIL MEMBERS IN THE LIVERMORE MUNICIPAL CODE TO
ADJUST THE MONTHLY COMPENSATION FOR THE MAYOR AND COUNCIL
MEMBERS CONSISTENT WITH MEASURE W
The California Government Code allows cities to enact ordinances compensating mayors and council members for their service. A mayor is a member of the city council, but an ordinance may also provide additional compensation to a separately elected mayor. The compensation ordinances may be enacted by either the city council or the voters.
On November 4, 2014, Livermore voters approved Measure W and establishe d compensation limits in Livermore that are more restrictive than those set forth in the Government Code based upon Livermore’s population. The measure set mayoral and city council member compensation at the amounts in effect at that time, which were $1490 per month for the mayor and $1070 per month for each council member. The measure allows the compensation to be increased but expressly excluded multi-year increases and only authorized a single increase before each new term of office commences. The measure further limited the amount of the increase to the lesser of 5% or the change in Consumer Price Index (CPI).
The monthly compensation for the mayor and council members was increased on October 28, 2024 , which increased mayoral compensation to $1564.50 per month and increased council member compensation to $1123.50 per month.
The change in CPI since the last term of office commenced in 202 4 is 5.2%.
Therefore, consistent with Measure W , compensation for the mayor and the council members cannot be increased by more than 5%.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LIVERMORE DOES ORDAIN AS FOLLOWS:
Section 1. Authority. This ordinance is adopted pursuant to the City of Livermore’s police power authority established in section 7, article XI of the California Constitution, California Government Code section s 36516, 36516.1, 36516.5, and Livermore Municipal Code section 2.04.030 as amended by Measure W (2014).
Section 2. Purpose. This ordinance is intended to increase the monthly compensation for the mayor and council members consistent with Measure W, which is more restrictive than the requirements in the California Government Code.
Section 3. Findings. The City Council finds that this ordinance is intended to help keep pace with the rising cost of living and inflationary trends and to encourage qualified persons from diverse income levels to become members of the city council to serve the public.
17 2 ORDINANCE NO. ___________
Section 4. Amendment – Municipal Code . The Livermore Municipal Code section 2.04.030 Compensation Limits for Mayor and Council Members is hereby amended to add the following sentence to the end of the existing language in that section:
“The compensation for the mayor shall be $1,642.73 per month and the compensation for each council member shall be $ 1,179.68 per month and shall apply when the terms commence for the mayor and council members elected at the November 3, 2026, General Municipal Election.”
Section 5. Environmental. The passage of this ordinance is not a project according to the definition in the California Environmental Quality Act and, therefore, is not subject to the provisions requiring environmental review.
Section 6. Severability. If any part of this ordinance is declared invalid by a court, such invalidity shall not affect any of the remaining parts.
Section 7. Publication. This ordinance shall be published once in a newspaper of general circulation of the City of Livermore within fifteen days after its adoption.
Section 8. Effective date. This o rdinance shall take effect 30 days after its adoption.
Section 9. Compensation Eligibility. The increased compensation shall not apply to the mayor or council members during their term of office when this ordinance is approved. However, since Livermore council members serve staggered terms and because the General Municipal Election on November 3, 2026, will result in the commencement for new terms of office for mayor and for the council members for District 1 and 2, the new compensation amounts approved by this ordinance shall apply to the mayor and all council members following the swearing in and commencement of the new terms as set forth in Government Code section 36516.5
The foregoing ordinance was introduced at the meeting of the City Council of the City of Livermore held on April 13, 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
The ordinance was adopted at the regular meeting of the City Council held on April 27, 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
18 3 ORDINANCE NO. ___________
MAYOR, CITY OF LIVERMORE
ATTEST: APPROVED AS TO FORM:
___________________________ /s/ Kimberly Cilley__________________ Helena Graves Kimberly Cilley
Acting City Clerk City Attorney
19 CITY COUNCIL STAFF REPORT
ITEM NO. 6.2
DATE:
April 27, 2026
TO:
Honorable Mayor and City Council
FROM:
Brent Smith, Community Development Director
SUBJECT:
Resolution awarding a construction contract with Bockmon & Woody Electric Company, Inc. in an amount not-to-exceed $2,234,030, for WRP SCADA Server & Network Upgrade Project WW202129.
RECOMMENDED ACTION
Staff recommends the City Council adopt a resolution for the WRP SCADA Server & Network Upgrade Project WW202129:
1 .
Awarding and authorizing the City Manager to execute a construction contract with Bockmon & Woody Electric Company, Inc., in an amount not-to-exceed $2,234,030, pursuant to Livermore Municipal Code Section 2.68.570 (C); and
2 .
Rejecting all other bids or proposals.
DECISION TYPE
Administrative
SUMMARY
The City of Livermore (City) uses a Supervisory Control and Data Acquisition (SCADA) system to monitor and control operations at the Water Reclamation Plant (WRP), sewer lift stations, storm lift stations, and potable water pump stations. The WRP SCADA Server & Network Upgrade Project WW202129 (Project) includes replacing SCADA network infrastructure to improve system reliability, maintenance, and security.
Two bids for the Project were received on March 10, 2026. Staff recommends the City Council award a construction contract to Bockmon & Woody Electric Company, Inc., the lowest responsible and responsive bidder.
DISCUSSION
The City of Livermore (City) uses a Supervisor Control and Data Acquisition (SCADA) system to monitor 20 and control the Water Reclamation Plant (WRP), sewer lift stations, storm lift stations, and potable water pump stations. The SCADA system is situated at the WRP as shown on Attachment 1, Project Location.
It consists of multiple hardware and software components designed to work together to collect, process, and maintain data to support equipment operation in real-time. The SCADA system and the data it collects are critical to supporting operations and regulatory reporting functions.
The City’s 2021 SCADA Master Plan identified several component replacement projects for servers, networks, and Programmable Logic Controllers (PLCs). Prioritization is based on lifecycle obsolescence and criticality to the SCADA system. The first phase of the WRP SCADA Server & Network Upgrade Project WW202129 (Project) was completed in 2024. That project replaced dozens of individual servers with two centralized virtual machine cluster servers. This significantly increased the City’s ability to manage servers and improve disaster recovery capabilities at the WRP.
This current phase of the Project will further improve the SCADA system in several ways:
Replacing multi-mode fiber-optic cables with single-mode cables to achieve higher data speeds.
Separating network equipment from PLC equipment to improve reliability, maintenance, and security.
Replacing unmanaged switches to establish a self-healing ring topology for more reliable SCADA system communications.
Relocating the disaster recovery server to another building to improve system resiliency during a disaster.
Installing battery backup packages at two remote water reservoir sites to eliminate communication downtime.
Staff advertised the Project on February 2, 2026. On March 10, 2026, two (2) bids were received and opened for this Project. The following is a list of the bids received. Both bids are less than the Engineer’s Estimate of $2,800,000.
WRP SCADA Server & Network Upgrade Project WW202129 - Bid Results Contractor
City
Bid Amount
Bockmon & Woody Electric
Company, Inc.
Stockton
$2,234,030
Blocka Construction, Inc.
Pleasanton
$2,496,000
The lowest responsible and responsive bidder was Bockmon & Woody Electric Company, Inc., from Stockton, California. They have successfully completed similar upgrades at the WRP. Staff checked references for Bockmon & Woody Electric Company, Inc., and found them satisfactory. In accordance with Livermore Municipal Code Section 2.68.590 (B), a cumulative Change Order authorization of 10% of the contract value is allowed.
FISCAL AND ADMINISTRATIVE IMPACTS
The budget for the WRP SCADA Server & Network Upgrade Project WW202129 in the FY 2025-2030 Capital Improvement Plan covers the cost of this construction contract and all other project costs including design, engineering services during construction, construction management, inspection, programming, testing, project management, and potential change orders. No additional appropriations are required. The project is funded with Wastewater Replacement Funds and Wastewater Connection 21 Fees.
Annual operations and maintenance costs for new equipment are estimated at $38,000 per year.
Operations and maintenance costs will be funded from the operating budget of the Water Resources Division.
COMMUNITY PILLAR
1: A Safe Community that Thrives
GOAL
11: Operate and maintain municipal water systems that provide safe, efficient delivery of potable and recycled water, collect and treat wastewater, and comply with all federal, state, and local regulations.
GUIDING DOCUMENT
2021 WRD SCADA Master Plan
FY 2025-2030 Capital Improvement Plan
ATTACHMENTS
1. Project Location
2. Resolution
3. Exhibit A - Contract with Bockmon & Woody
Prepared by: Yanming Zhang
Water Resources Technical Programs
Manager
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
22 Vicinity Map and Site Plan overlay as the Project will be replacing communication cables plantwide.
ATTACHMENT 1
23 1 RESOLUTION NO. ________
IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA
A RESOLUTION AWARDING A CONSTRUCTION CONTRACT WITH BOCKMON & WOODY ELECTRIC COMPANY, INC. IN AN AMOUNT NOT-TO-EXCEED $2,234,030
(WRP SCADA Server & Network Upgrade Project WW202129)
The City of Livermore advertised on February 2, 2026, and opened bids on March 10, 2026, for construction of the Water Reclamation Plant (WRP) Supervisory Control and Data Acquisition (SCADA) Sever & Network Upgrade Project WW202129 (Project).
City staff reco mmends awarding a public works contract for construction of the Project to Bockmon & Woody Electric Company, Inc ., the lowest responsible and responsive bidder, and authorizing the City Manager to sign the contract.
NOW, THEREFORE , BE IT RESOLVED by the City Council of the City of Livermore that it hereby:
1. Awards and authorizes the City Manager to execute a construction contract with Bockmon & Woody Electric Company, Inc., attached hereto as Exhibit A and incorporated by this reference, in an amount not-to-exceed $2,234,030, pursuant to Livermore Municipal Code Section 2.68.570 (C) for WRP SCADA Server & Network Upgrade Project WW202129; and
2. Rejects all other bids or proposals.
On motion of Council Member _______________________ __, seconded by Council Member ________________________, the foregoing resolution was passed and adopted on April 27, 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED AS TO FORM:
/s/ Tara Mazzanti
Helena Graves Tara Mazzanti
Acting City Clerk Senior Assistant City Attorney
Exhibit A –Contract with Bockmon & Woody
24 EXHIBIT A
25 EXHIBIT A
26 EXHIBIT A
27 EXHIBIT A
28 EXHIBIT A
29 EXHIBIT A
30 CITY COUNCIL STAFF REPORT
ITEM NO. 6.3
DATE:
April 27, 2026
TO:
Honorable Mayor and City Council
FROM:
Brent Smith, Community Development Director
SUBJECT:
Resolution authorizing the execution of a First Amendment to Affordable Housing Regulatory Agreement and Declaration of Restrictive Covenants between the City of Livermore and Pac Avenue, L.P.
RECOMMENDED ACTION
Staff recommends the City Council authorize the City Manager, or her designee, to execute a First Amendment to Affordable Housing Regulatory Agreement and Declaration of Restrictive Covenants between the City of Livermore and Pac Avenue, L.P.
DECISION TYPE
Administrative
SUMMARY
The City previously entered into agreements with Satellite Affordable Housing Associates (SAHA) and Interfaith Housing to develop the first 79-unit phase of Pacific Avenue Senior Apartments. In March 2025, the City Council approved a Ground Lease, Loan Agreement, and Affordable Housing Regulatory Agreement and Declaration of Restrictive Covenants (the “Regulatory Agreement”), which required all units to be occupied by very low-income seniors age 62 or older. SAHA secured federal, state, and county funding for the first phase, which includes 38 HUD-funded units for seniors aged 62 and older and 40 state/county-funded units, which may be reserved for seniors aged 55 and older. SAHA has requested, and City staff recommends amending the City's Regulatory Agreement to align with the state and county funders and broaden the definition of “Senior” to include individuals aged 55 and older.
DISCUSSION
In March 2025, the City Council approved the Ground Lease, Loan Agreement, and Regulatory Agreement with SAHA’s limited partnership, Pac Avenue, L.P., to commence construction of the first phase of the Pacific Avenue Senior Apartments. Under the City’s Regulatory Agreement, all units are restricted to occupancy by very low-income "Seniors", defined as a person who is aged 62 years or older. SAHA has assembled a combination of federal, state, county and City funding sources to finance 31 the first phase of construction. Funding requirements restrict the units as follows:
38 “HUD 202” federally funded units from the U.S. Department of Housing and Urban Development designated for "Seniors" defined as aged 62 and older. 40 state and county-funded units, which may be designated for "Seniors" defined as aged 55 and older.
To align with the state and county funding requirements and expand eligibility, SAHA has requested, and staff recommends executing a first amendment to the City’s Regulatory Agreement, amending the definition of “Senior” to include individuals aged 55 and older, thereby increasing access to affordable housing for a broader senior population. No changes to the City's other loan agreements are necessary to effectuate this change. SAHA’s property management and operations team requested that an amendment of the regulatory agreement occur before the marketing and leasing plans are developed, as those plans must be formally in place ahead of leasing activities scheduled for May 2026.
FISCAL AND ADMINISTRATIVE IMPACTS
There are no fiscal impacts created by approval of the First Amendment to the Regulatory Agreement with Pac Avenue, L.P.
COMMUNITY PILLAR
1: A Safe Community that Thrives
GOAL
7: Expand and preserve the supply of affordable housing opportunities
ATTACHMENTS
1. Resolution
2. Exhibit A - First Amendment
Prepared by: Shelly Haynes
Management Analyst II
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
32 1 RESOLUTION NO. ________
IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA
A RESOLUTION AUTHORIZING THE CITY MANAGER, OR HER
DESIGNEE, TO EXECUTE A FIRST AMENDMENT TO AFFORDABLE
HOUSING REGULATORY AGREEMENT AND DECLARATION OF
RESTRICTIVE COVENANTS BETWEEN THE CITY OF LIVERMORE
AND PAC AVENUE, L.P.
The City of Li vermore previously entered into agreements with Satellite Affordable Housing Associates (SAHA) and Interfaith Housing to develop the first 79 - unit phase of Pacific Avenue Senior Apartments. In March 2025, the City Council approved a Ground Lease, Loan Agreement, and Affordable Housing Regulatory Agreement and Declaration of Restrictive Covenants (the “Regulatory Agreement”), which required all units to be occupied by very low -income seniors age 62 or older.
SAHA secured federal, state, and county funding for the fi rst phase, which includes 38 HUD-funded units for seniors aged 62 and older and 40 state/county -funded units, which may be reserved for seniors aged 55 and older. SAHA has requested, and City staff recommends amending the City's Regulatory Agreement to align with the state and county funders and broaden the definition of “Senior” to include individuals aged 55 and older.
NOW, THEREFORE, B E IT RESOLVED by the City Council of th e City of Livermore, that it authorizes the City Manager, or her designee, to execute a First Amendment to Affordable Housing Regulatory Agreement and Declaration of Restrictive Covenants between the City of Livermore and Pac Avenue, L.P.
On motion of Council M ember ______________________, seconded by Council Member ______________________, the foregoing r esolution was passed and adopted on April 27, 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Daniel Gonzales
Helena Graves Daniel Gonzales
Acting City Clerk Deputy City Attorney
Exhibit A – First Amendment
33 EXHIBIT A
34 EXHIBIT A
35 EXHIBIT A
36 EXHIBIT A
37 EXHIBIT A
38 EXHIBIT A
39 EXHIBIT A
40 EXHIBIT A
41 EXHIBIT A
42 EXHIBIT A
43 EXHIBIT A
44 EXHIBIT A
45 EXHIBIT A
46 EXHIBIT A
47 EXHIBIT A
48 EXHIBIT A
49 EXHIBIT A
50 EXHIBIT A
51 EXHIBIT A
52 EXHIBIT A
53 EXHIBIT A
54 EXHIBIT A
55 EXHIBIT A
56 EXHIBIT A
57 EXHIBIT A
58 EXHIBIT A
59 EXHIBIT A
60 EXHIBIT A
61 EXHIBIT A
62 EXHIBIT A
63 EXHIBIT A
64 EXHIBIT A
65 EXHIBIT A
66 EXHIBIT A
67 EXHIBIT A
68 EXHIBIT A
69 EXHIBIT A
70 EXHIBIT A
71 EXHIBIT A
72 EXHIBIT A
73 EXHIBIT A
74 EXHIBIT A
75 EXHIBIT A
76 EXHIBIT A
77 CITY COUNCIL STAFF REPORT
ITEM NO. 6.4
DATE:
April 27, 2026
TO:
Honorable Mayor and City Council
FROM:
Marianna A. Burch, City Manager
SUBJECT:
Resolution adopting an updated policy for distribution of Tickets, Passes, and Gifts.
RECOMMENDED ACTION
Staff recommends the City Council adopt a resolution approving an updated Policy for Distribution of Tickets, Passes, and Gifts to replace the policy previously adopted by Resolution No. 2010-056.
DECISION TYPE
Administrative
SUMMARY
The existing Tickets, Passes, and Gifts Policy was adopted in 2010. Since that time, applicable State laws and reporting requirements have changed. The proposed policy consolidates existing provisions, updates requirements to align with current law, and provides clearer guidance to staff regarding the acceptance and use of tickets, passes, and gifts.
DISCUSSION
In 2010, the City Council adopted Resolution No. 2010-056 (Attachment 1) establishing policies related to the acceptance and distribution of tickets, passes, and certain gifts. The policy provided direction consistent with applicable laws at that time.
Since adoption, State regulations, including those administered by the Fair Political Practices Commission (FPPC), have evolved. As a result, updates are necessary to ensure continued compliance and clarity. These updates are needed to conform with amendments in FPPC regulations, clarify definitions and treatment of tickets, passes, and gifts, ensure consistent administration of the policy, and provide clear guidance to city officials and staff.
The updated policy (Exhibit A) will:
Update definitions consistent with State regulations
Establish procedures for distribution and use of tickets and passes for public purpose 78 Clarify how gifts to the City are handled and controlled Ensure compliance with FPPC reporting requirements
The updated policy replaces the prior policy adopted in 2010 and aligns with current law while maintaining appropriate use of tickets, passes, and gifts.
FISCAL AND ADMINISTRATIVE IMPACTS
None
COMMUNITY PILLAR
5: A City That Works
GOAL
16: Help preserve public resources and the community’s confidence in the City’s governance and operation by ensuring the City fulfills its legal obligations and makes well-informed policy decisions
ATTACHMENTS
1. 2010 Resolution and Policy
2. Resolution
3. Exhibit A - Policy and Forms
Prepared by: Deborah
Davis
Executive Assistant
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
79 L IV OW& RE
F O
CITY COUNC AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: John Pomidor, City Attorney
SUBJECT: City PolicyRegardingDistributionof Tickets, Passes, and Gifts
RECOMMENDED ACTION
Staff recommendsthe City Council adopt a resolution establishing a policy regarding distributionof ticketsand passesto Cityofficials, and acceptanceanddistributionof other gifts to the City.
SUMMARY
Fromtime to time, publicagencieslike the City receivegifts, includingticketsand passes to eventsor programs, which they can chooseto distributeto officials, the publicor staff.
Typically, the gifts, tickets or passes are associatedwith business of the City in some way. Sothatthe distributionof theseitemsfor legitimateCitybusinesspurposesis not deemedto be a reportablegift or income, staff recommendsthe City Council adopt a resolution to establish a structured policy consistent with Fair Political Practices Commission (FPPC) Guidelinesdistributinggifts, ticketsand passesto City officials.
DISCUSSION
Ticket and Passand PassR ulations and PoliciesPolicies
Section 18944.1 of the California Code of Regulations (the Regulations) governs distributionof tickets or passes by a public agencyto its officials. That section outlines the conditionsunderwhich a ticket or pass, thoughgiven to an agencyofficial, will not be treated as a reportable "gift" under the Regulations and the California Political Reform Act. It requiresthe official's governingbody to adopt a policy regardingticket and pass distributionand to post informationon its websitefor each ticket that it distributesto any agency official.
MEETING DATE: AGENDA ITEM:
03 -22 - 10 11. 08
79 ATTACHMENT 1
80 The attached policy will govern the distribution of tickets and passes by the City. It will supersede any other City policies, practices or procedures relating to tickets or passes the City provides, whether the City initially obtains the tickets or passes, or they come to the City from a third party.
The City Manager will be responsible for administering the policy.
All tickets and passes a third party offers or provides the City or the City purchases or otherwise obtains will be subject to the following provisions:
1. The City will not accept any ticket or pass specifically earmarked for use by a particular City official whether by name or position, unless: ( a) the ticket or pass is offered or provided to the City under the terms of a contract for use of City -owned property; (b) the ticket or pass is offered or provided to the City as a result of an official City event that the City controls; or (c) the ticket or pass is purchased by the City from the third party for full market value.
2. The City Manager (or her designee) will document receipt in writing of all such tickets.
3. The Manager will provide tickets and passes to City officials for legitimate public purposes, as set forth in the policy.
4. The Manager will decide, consistent with the policy, which City officials should be provided with a ticket or pass.
5. Within 30 days of distributing any ticket or pass, the Manager will complete and post an FPPC Form 802 on the City's website, to remain on the website for at least four years, with a hard copy of the form retained for a minimum of seven years.
Any ticket or pass given a City official by the City will not constitute a gift if provided and used by the City official for any of the following purposes:
1. Promotion of business activity, development, and /or redevelopment within the City.
2. Promotion of community resources and programs available to City residents, including those resources and programs involving charitable and non - profit organizations.
3. Promotion of City resources available to City residents.
4. Promotion of City - operated, sponsored or supported community programs.
5. Promotion of private facilities available for City residents' use, including facilities involving charitable and non - profit organizations.
6. Promotion of City facilities available for City residents' use.
7. Promotion of City growth and development.
8. Promotion of City tourism on a local, state, national or worldwide scale. 2 1
ATTACHMENT 1
81 9. Promotionof City recognition, visibilityor profile on a local, state, nationalor worldwide scale.
10. Promotionof opengovernmentby City officialappearances, participationor availabilityat businessand /or communityevents.
11. Promotionof the improvementof inter - governmentalrelations.
12. Attendanceat eventssponsoredby othergovernmentalagencies, industrygroups and non - profitorganizationsfor the purposeof meetingandconferringwithother governmentalofficials or business representativesregardingissues of interestto, or affecting the City.
13. Increasingpublicexposureto, andawarenessof, thevariousrecreational, cultural, andeducationalvenuesandfacilitiesavailabletothepublicwithintheCity.
14. Encouragingor rewardingsignificantacademic, athletic, or public service achievementsby Citystudents, residentsor businesses; or
15. Recognizingcontributionsmadeto the City by former or currentCity Council Members or other City employees.
Thefollowingticketsandpasseswillbeexemptfromtheprovisionsofthepolicy:
1. A ticketor passreceivedbya Cityofficialdirectlyfroma thirdpartythattheCity officialusesto performa ceremonialroleorfunctiononbehalfoftheCity.
2. A ticketor passreceivedby a CityofficialfromtheCitywhereboththeCityofficial and the City treat and report the value of the ticket or pass as incomeconsistent with applicablestateand federalincometax lawsand the ticket is reportedas incomepursuantto the provisionsof the policy.
Thepolicyspecifiesthata Cityofficialwhoreceivesa ticketor passmaynottransferor sellitto anyotherpersonandstillbewithinpolicy, unlessitgoesto a memberoftheCity official's immediatefamilysolely for their personaluse.
Finally, a copy of the policy must be prominentlypostedon the City's website.
Gift Regulations and Policies
Regulationssection18944.2 coversgiftsto theCity. Giftsto the City, controlledbythe City, and used for official business are not reportablefor an individualpublic official or employee. The official or employeemight derive benefit, but, so long as certain requirementsare met in the acceptanceand distributionof thosegifts, they are not reportable. Liketickets, "agency" giftsare notreportableif theCityhasa policydefining that the City:
1. Receivesand controlsthe gift.
2. Ensures that the gift is for official City business.
3. Maintainsdiscretionto determinewho will use the gift.
A
ATTACHMENT 1
82 4. Ensures that any gift of travel is not used by a Councilmember, Planning Commissioner, the City Manager, City Treasurer, or City Attorney; and the gift does not exceed value set forth in the policy for travel expenses (the excess is reportable as a gift).
5. Memorializes in a public record the above information.
FISCAL AND ADMINISTRATIVE IMPACTS
None.
ATTACHMENTS
1. Draft Policies regarding gifts, tickets and passes.
Prepared by:
J n Porrfrdor, City Attorney
4 ATTACHMENT 1
83 DISTRIBUTION OF TICKETS OR PASSES POLICY
BACKGROUND
Section 18944.1 of the California Code of Regulationsgoverns distribution of tickets or passes by a public agency to its officials. It sets forth the conditions underwhich a ticket or pass distributedto, or at the behestof, an agencyofficial will not be treated as a gift under the PoliticalReformAct and FPPCregulations.
It also requiresthe agencyto adopt a policy governingticket distributionand to post information on its website for each ticket that it distributes.
From time -to -time, the City may purchase or receive tickets or passes for admissionto events. Accordingly, the City adoptsthis Policy, in compliancewith Section 18944.1. This Policywill governthe distributionof tickets and passesby the CityandsupersedeanyotherCitypolicies, practicesor proceduresrelating to tickets provided by the City to, or at the behest of, City Officials.
II. POLICY
A. Purpose of Policy
The purposeof this Policyis to ensurethat all tickets and passesprovidedto the City shall be distributedso that they accomplishpublic purposes of the City, as identified in this Policy.
B. Application of Policy
As used in this Policy, the term "Ticket" shall mean: tickets or passes that provide admission to a facility or event for entertainment, amusement, recreationor similar purposes, and are obtained by the City through one of the following means:
a. Gifted by an outside source;
b. Purchased by the City;
c. Givento the City undera contractfor the use of public property; d. Made available to the City due to the City's control of the event.
2. This Policy does not apply to:
a. Ticketsprovidedtoa CityOfficial' byanoutsidesourcetoanevent at which the Official performs a ceremonial role or function on behalf of the City;
b. Tickets provided to an Official by sources other than the City.
The term "City Official' shall refer to the City's " Public Officials," as that term is defined in California Government Code §82048 and Fair Political Practices Commission Regulation §18701, and shall include all commission and board members, or other elected or appointed officials, and employees required to file an annual Statement of Economic Interests (FPPC Form 700).
ATTACHMENT
A
ATTACHMENT 1
84 c. Tickets for which the Official pays the City the value of the ticket.
C. Policy Provisions
1. Ticket Distribution. The City may distribute tickets to City Officials under the following conditions:
a. The City Official treats the tickets as income consistent with applicable state and federal income tax laws; or
b. The City Official uses, or directs, the tickets to be used for one or more of the following public purposes:
1) Promotion of the City as a good place to live, work, do business or recreate;
2) Recognition of exceptional City employees and community leaders for their contributions to the well -being of the City; 3) Support of local, and locally active, non - profit organizations, and their programs, which are dedicated to charitable,
educational, cultural and social service activities;
4) Promotion of local and regional businesses, economic development and tourism activities within the City;
5) Marketing of City- controlled or sponsored events, activities or programs;
6) Attendance at events sponsored by other governmental agencies, industry groups and non - profit organizations for the purpose of meeting and conferring with other
governmental officials or business representatives regarding issues of interest to, or affecting, the City;
7) Information- gathering and education regarding matters of local, regional or state -wide concern that affect the City; 8) Recognition of residents or local businesses, governmental agencies or community service organizations for providing services or benefits to the City, its residents or businesses; 9) Promotion of City programs, resources or facilities available for public use;
10) Exchangeprograms with foreign officials or dignitaries; 11) Employmentretention, recognition or appreciation; or 12) Attendanceof one member of the City Official's immediate family ( spouse, child, or parent) to accompany the Official to any of the above events.
2. Prohibition Against Transfer. A City Official who receives a ticket pursuant to this Policy is prohibited from transferring or selling the ticket to any other person, except to a member of the Official's immediate family spouse, child, or parent) for the family member's personal use.
Page2
RV
ATTACHMENT 1
85 3. City Manager Duties:
a. The City Manager, or her designee, shall be responsible for implementing this Policy. The City Manager shall oversee the distribution of tickets in compliance with this Policy and is authorized to take all steps necessary to ensure that ticket recipientsare awareof, and complywith, this Policy.
b. The CityManageris designatedas the "Agency Head" for purposes of completing and posting FPPC Form 802.
c. In the event that the City Manager desires to obtain a ticket for his or her use, the City Council authorizes the City Manager to exercise the City's discretion in determining whether the City Manager's use of tickets is in accordance with this Policy.
4. Posting and Disclosure Requirements:
This Policy shall be posted on the City's website. Within 30 days of distributingtickets pursuantto this Policy, the City Manager, or designee, shall completeFPPCForm 802 andpostthe completedform on the City's website.
Attachment: California Form 802
E-R
ATTACHMENT 1
86 Tickets Provided by
A Public Document
Date Stamp
Ticket(s) Provided to Agency: Gratuitously Pursuant to Contract For ONd iIlse Only
Amendment ( Aarst expiein in Part S)
DateofOriginalFiling: month. day, YaM
Dale(s) of Event: --J--- J— Description of Event:
J— Face Value of Ticket: $
Agency Event Yes No (identify source of tickets below.) Name of Outside Source of Ticket(s) Provided to Agency:
Number of Tickets Received:
3. Agency Official(s) Receiving Ticket(s) ( use a continuationsheetfor additionalnames) Leal. FlroQ
4. Individual or Organization Rec
Name of Behesting Agency Official:
Name of Individual or Organization:
Description of Organization:
Number of Tickets:
or
AddressofOrganization:NumhxaMSkeet City Stale Zfp Code
Purposefor Distribution: (Describethepublicpurposeforthedistributionto the organization.)
5. Verification
IhavedeterminedthatthedistributionofticketssetforthaboveisinaccordancewiththeprovisionsofFPPCRegulation18944.1.
Signatm of Agency Heed or Designee Pdrd Name Title ( ncnM, day. ye.) Comment: (usethisspaceoranattachmentforanyadditionallnfmmetionincludingamendmentexplanation.) FPPC Form 802 (Fables)
FPPC To" m Helpline: a681ASK -FPPC (888/ 276.3772)
Public
TICKETS PROVIDED BY
AGENCY REPORT
for the Distribution
Provided at the behest of an agency official.)
i e
ATTACHMENT 1
87 Tickets Provided by
Agency Report
A Public Document
This form is for use by all state and local government
agencies to disclose the distribution of tickets or passes that allow admission to facilities, events, shows, or
performances for entertainment, amusement, recreational, or similar purposes. The agency must complete Form
802 Identifyingagency officials who receive tickets or
passes from the agency as well as other individuals
and organizationsthat receive tickets or passes at the
behest of agency officials. Form 802 must be posted in a prominent fashion on the agency's website.
Gifts of Tickets or Passes to Public Officials
FPPC Regulation 18944.1 sets out the circumstances
under which an agency's distribution of tickets or passes to or at the behest of an official In the agency does not result in a gift to the official. (Regulation 18944.1 is available on the FPPCwebsite at www. fppc.ca. gov.) Even though
the distribution of tickets or passes to a public official under the regulation is not a gift to the official, the agency must disclose the distribution on Form 802. The official does not have to disclose tickets or passes received or distributed under the regulation on his or her Statement of Economic Interests (Form 700), but tickets or passes received or distributed by the official that do not fall under the regulation may be subject to disclosure on the official's Form 700 and subject to gift limits.
Posting Form 802
The Form 802 must be posted on the agency's website
within 30 days after the distribution. If the agency does not maintain a website, the forth must be maintained by the agency as a public record, be available for public
inspection and copying, and be forwarded to the FPPC for posting on its website.
Part 1. Agency Identification
List the agency's name, address and the name of an
agency contact. Mark the amendment box if changing any
information on a previously filed form and include the date of the original filing.
Part 2. Event For Which Tickets Were Distributed
Provide the date(s) of the event, a description of the event, and the face value (i. e. the cost to the public) of the ticket or pass. Check the box indicating whether the event was an 'agency event' (such as a county fair, or an event
for which the agency purchased tickets). If the agency
received the tickets from an outside source, identify the source, the number of tickets received, and check the box to identifywhether the tickets or passes were provided to the agency:
Gratuitously; or
Pursuant to a contract.
Part 3. Agency Official(s) Receiving Ticket(s)
Disclose the name of each agency official that received a ticket or pass and the number of tickets or passes the official received. Also state whether the distribution is income to the official or describe the public purpose for which the official received the tickets or passes.
Part 4. Individual or Organization Receiving Ticket(s)
Iftickets or passeswere distributed to an Individualor
organizationoutside the agency, at the behest of an official of the agency, provide the name of the official. Disclose the name(s) of the individuals(s) who receivedthe tickets or passes and the number of tickets or passes provided. If the tickets or passeswere provided to an organization, the agency may post the name, address, a descriptionof the
organization, and the numberof tickets or passesprovided to the organization in lieu of postingthe nameof each
individual that received a ticket or pass. Also, describe the public purpose for the distribution to the individual or organization.
Part 5. Verification
The agency head or his or her designee must sign the
form.
Privacy Information Notice
Information requested on all FPPC forms is used by the
FPPC to administer and enforce the Political Reform
Act (Government Code Sections 81000 -91014 and
California Code of Regulations Sections 18109- 18997).
All information required by these forms is mandated by
the Political Reform Act. Failure to provide all of the information required by the Act is a violation subject to administrative, criminal, or civil prosecution. All reports and statements provided are public records open for public Inspectionand reproduction.
If you have any questions regardingthis PrivacyAct
Notice, please contact the FPPC.
General Counsel
Fair Political Practices Commission
428 J Street, Suite 620
Sacramento, CA 95814
916) 322 -5660
FPPC Form 802( Feb108)
FPPC Toll -Free Helpline: 886/ ASK -FPPC (888x278.3772) IN
ATTACHMENT 1
88 GIFTS POLICY
1. POLICY STATEMENT
It is the policy of the City of Livermore, its officials and employees, to obey all applicable laws and requirements of the Political Reform Act relative to the acceptance of gifts. This policy is specific to the City of Livermore and the regulationsprescribed herein are in additionto those mandated by the State of California, includingthose regulationsrelatedto whatconstitutesthe receiptor acceptance of a gift. Nothing in this policy supersedes State law or Fair Political Practices Commission (FPPC) requirements. Employees are encouraged to review the appropriate regulations for specific information related to the Conflict of Interest Code and the filing of Statements of Economic Interest.
II. DEFINITION OF " GIFT"
For the purposeof this policy, a gift is any paymentor other benefit that confers a personal benefit on the recipient for which they have not provided equal or greater consideration to the donor.
III. PROCEDURE
Gifts that are consumableor usable on the work premises may be accepted by an employeewith the conditionthat they remain on the premisesto be enjoyed by all.
Gifts with a fair market value of under $100.00 that are not consumable on the premises shall be returned to the gift giver, donated to the City for use by an employeeprogram or as a door prize at a Cityevent, or donatedto a community organization. Such use is subjectto DepartmentHeadreviewand approval.
Giftswitha fairmarketvalueofequalto or over $100.00, whetheror nottheyare consumable on the work premises, are to be given to the "City of Livermore" as a whole, not to a specificemployeeor department. In this instance, the employee having possessionof the gift is to transmit written documentationof such gift to the City Clerk's office, with a copy to their Department Head. Written documentation can be accomplished with the "Documentation of Gift Presented to the City of Livermore° form (sample attached) availablefrom the City Clerk's office. With the exception of consumable items, under $100.00 in value, which may stay in the departmentto which they are given, the City (specifically the City Manageror her designee) will control howthe gift is used or distributed.
A gift is consideredto be received or acceptedwhen the employee knows that he or she has either actual possessionof the gift or has taken action exercising Page1
E -111
ATTACHMENT 1
89 direction or control over the gift, including discarding the gift or turning it over to another person.
IV. REPORTING REQUIREMENTS
Employees covered in the City's Conflict of Interest Code must comply with Fair Political Practices Commission requirements relative to filing an annual Statement of Economic Interests ( Form 700). Contact the City Clerk's office for more information on filing requirements.
I J11; 3•1= 118]y; 101RIwo
The purpose of the procedure set forth in this policy is to establish a city -wide procedure pertaining to gifts to the City to implement procedures of section 18944.2 of Title 2 of the California Code of Regulations ( hereinafter the Regulations "). The Political Reform Act and section 18944.2 of the Regulations permit payments which constitute gifts under the Political Reform Act to be made to the City and thereafter used by officials or employees without these payments being considered "gifts" which must be reported on the official or employee's annual Conflict of Interest Statement, Form 700.
Except as provided in Section 18944.2, payments that are gifts within the meaning of the Political Reform Act (including payments for travel expenses) used by City officials or employees are generally considered gifts to those City officials and employees and generally must be reported on the annual conflict of interest statements filed by official and employees. Such gifts may give rise to conflict of interest issues; such gifts are also considered for purposes of the Political Reform Act limitations on the amount of gifts that an official or employee may receive from a single source. The current (2009) gift limitation is $420 per donor in a calendar year.
Section 18944.2 requires that, for a payment to be a gift to the City, the following requirements must be met:
A. City must receive and control the payment.
B. The payment must be used for official City business.
C. The City, in its sole discretion, must determine the specific official(s) or employee(s) who shall use the payment, provided that the donor may identify a specific purpose for the City's use of the payment, so long as the donor does not designate the specific official or officials who may use the payment.
D. Any gift of travel does not exceed the agency's reimbursement rates for travel, meals, and lodging, and other actual and necessary expenses, or if the agency has no standard policy or practice concerning reimbursement rates, the gift of travel does not exceed other specified standards. To the Page2
ATTACHMENT 1
90 extent that the amount of the gift of travel exceeds the amounts stated above, the difference shall be considered a reportable gift.
E. The City must memorialize the payment in a written public record which embodies the requirements set forth in 1 through 3 above.
The purpose of the procedure set forth in the following sections of this policy is to implement the provisions of Section 18944.2. Nothing in this policy is intended to alter, amend, or otherwise affect the obligations of City officials and employees under the Political Reform Act and implementing regulations or under the City's supplemental conflict of interest code.
hLllZ IC 1
A. Pursuant to Section 18944.2 of the California Code of Regulations and except as otherwise provided in the Political Reform Act and applicable FPPC regulations, the City shall not accept and process any gifts if the donor designates the specific official(s) or employee(s) who may use the gift. The donor of the gift may identify a specific purpose for the City's use of the gift so long as he or she does not designate the specific official(s) or employee(s) who may use the gift.
B. Under Section 18944.2, gifts of travel to the City may not be utilized by members of the City Council, members of the Planning Commission, the City Manager, the City Treasurer, or the City Attorney (Officials listed in Government Code Section 87200) and the City Manager's designee may not designate himself or herself as the office to use the gift of travel.
C. Gifts of travel, meals, and lodging, and other actual and necessary expenses associated with travel, shall be limited to the rates that City official and employees are reimbursed under the City's Expense Reimbursement Policy, as established by Resolution No. 2006 -23, passed January 23, 2006, and amended from time to time. Pursuant to Section 18944.2, to the extent that the value of the gift of travel and related expenses exceeds the City s standard reimbursement rate, the difference shall be considered a reportable gift to the employee or official utilizing such gift.
VII. PROCEDURE: CITY MANAGER APPROVAL
The following procedures pertaining to gifts shall apply to all City officials and employees:
A. Any non - consumable gifts given to the City as a whole with no direction as to the speck official(s) or employee(s) who may use the gift, shall be forwarded to the City Manager or the City Manager's designee.
Page3
0 ATTACHMENT 1
91 B. The City Manageror the City Manager's designeeshall revieweach such gift and determinethe specificofficial(s) or employee(s) who shall use the gift. The gift shallbe used solelyfor official business.
C. The City Manageror the City Manager's designee shall memorializethat gift in a written public record in the form of a completed FPPC Form 801 sample attached) or such other form(s) as the FPPC may designate.
Within 30 days of receipt of the gift, the Form 801 shall be filed with, and thereafter maintained by, the City Clerk. The public record shall contain the following:
1. The identityof the donor and the official(s) and /or employee(s) or class of official(s) or employee(s) receiving or using the gift.
2. A descriptionof the City's use and the natureand amountof gift.
3. A copy of this policy.
VIII. ALTERNATIVE PROCEDURE: COUNCIL REVIEW AND APPROVAL As an alternative to the procedure set forth in Subsection C above, the City Manager may request that the Council determine the specific official(s) or employee(s) who shall use the gift. Upon the Council making such determination, the City Manager shall file the necessary forms specified in Subsection C above.
Attachments: Sample Letter Donating a Gift
California Form 801
91 ATTACHMENT 1
92 SAMPLE LETTER DONATING A GIFT
Dear
Thank you for the ( type of gift). Because
of the City's policy regarding the acceptance of gifts under the Fair Political Practices Commission's regulations, we have donated your gift to name of charity), a local organization that assists less fortunate families in our community.
As the stewards of the public trust, we are sensitive to any public perceptionsthat may accompanypublicservants' acceptanceof gifts. That concern motivates a policy that prohibits our acceptance of gifts or similar gestures.
Thank you for your thoughtfulness. Those served by
name of charity), and therefore the entire community, will benefit from your gesture.
Sincerely,
Page S
M
ATTACHMENT 1
93 Gift to A Public Document
Date Stamp
and
Amendment( wplaninosmmentsecdon)
Date of Original Filing:
maim, day, YW
Individual
last Name First Name
Other
Name
Adder city sate Zip Code
H' othefis marked, desa@eft anWs businessactivity (H business) a its naureandinterests.
Ifapplicable, identifythenameofeachsourceandtheamount(s) solicitedorreceivedbythedonorforthisgift:
Nana $ Amount Name Arnornt
3. Payment Information
Date and Amount of Payment (ovwthanuava) $
month, day, yeal ( Round to whole ddlms)
Travel Payment Information ( Rwidto whaedonaa) Location of Travel E qDae(s) of Travd tmneportatim Fxpemee $ Lodging Expenses $ Meat Fxpenses Other Expanses Tote r_ ryenass Providea specific description of the nature and use of the paymentfor official agency business:
Identify the officials for whom the payment was used:
Lea Na First Name
Lad Noma First Name
DepanmenVDivision
DapatmWWDmWm
4. Verification
I havedeterminedthatit is in theinterestsof theagencytoacceptthisgi@anduseit for theofficialagencybusinessdescribedabove.
Signatum of Agerwy Head or Designee Prim Name
Comment: (Usethisspaceoranattachmentforanyadditionalinformation.) moron day, Yeah
FPPC Form 801 (June/08)
FPPC Toll-Free Helpline: 866/ASK -FPPC (86612753772)
93 ATTACHMENT 1
94 Gift to Agency Report
Instructions A Public Document
This form is for use by all state and local government
agencies to disclose payments made to the agency
when the payments provide a personal benefit to an
official of the agency. Examples may include travel,
meals or other benefits. Under certain circumstances,
these payments will not result in a gift to the official, but will be considereda gift to the agency. Thepayments
must be used for official agency business and must
meet other requirements that are set out in FPPC
Regulation 18944.2, which is available on the FPPC
website www. fppc.ca. gov.
When to File
This form must be filed within 30 days of the use of the payment. Reports may be faxed, mailed, personally
delivered or e- mailed.
Where to File
State Agencies: File this form with the Fair Political
Practices Commission ( " FPPC "), 428 J Street, Suite
620, Sacramento, CA 95814. Fax: 916 - 322 -0886
E -mail: Form [email protected]
Local Agencies: File this form with the official that
maintains the agency's statements of economic
interests (Form 700).
Website Posting: Each agency that maintains a
website must also post the forth or the information
containedon theform on its websitewithin 30 daysof
the use of the payment. Local agencies that do not
maintain a website must forward the form to the FPPC
for posting on its website.
Part 1. Agency Identification
List the agency's name and address and the name of an
agency contact. Mark the amendment box if changing
any information on a previously filed form and include
the date of the original filing.
Part 2. Donor Information
Disclose the name and address of the donor. If the
donor is not an individual, identify the business activity or nature and interests of the entity.
If the donor received payments from other sources that
were used in connection with the activity, disclose the name and payment information for each source.
Part 3. Payment Information
Reportthe date andamountof eachpayment. For
travelpayments, also disclosethe location(s), and
a breakdown of the expenses. Provide a speck
description of the use of the payment and the intended
purpose. List each agency official for whom the
payment was used.
Example: A business entity paid for an agency
employee to travel to attend an informational seminar
on solar energy projects in Washington D.C. The
description should read: "Travel to attend an EPA co-
sponsored solar energy seminar held in Washington,
D. C.'
Part 4. Verification
Theagencyheador his or herdesigneemustsign the
form.
General Information
Gifts to agencies must meet the following requirements:
The agency head or designee must determine and
control the agency's use of the payment.
The payment must be used for official agency
business.
The donor may identify a purpose for the gift
but may not designate by name, title, class or
otherwise, an officialwho mayuse the payment.
The agency official who determines who will use the
payment may not select himself or herself.
Travel payments must also meet these requirements:
A payment for travel may not be used by a state or
localelectedofficeror by the state, county, and city
officials who hold positions listed in Government
Code Section 87200.
A paymentfortravel may not exceedtheagency's
own reimbursement rates for travel, or the State per
diem or IRS reimbursement rates if the agency has
no policy.
The agency head or designee must preapprove
travel paid for by a third party before travel
commences.
Travel payments made by a federal government agency
in connection with education, training, or other inter- agency programs are not reportable.
Forfurtherinformationon filing this reportor for general information, contact the FPPC.
FPPC Form 801 (JuneNB)
FPPC Toll -Free Helpllne: 888rASK -FPPC (88812783772)
M
ATTACHMENT 1
95 IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA
A RESOLUTION APPROVING A POLICY FOR DISTRIBUTING
TICKETS, PASSES, AND GIFTS TO CITY OFFICIALS
From time to time the City of Livermore (the " City ") receives event tickets and passes from private third parties or obtains them directly for use by various City Officials.
Under §18944.1 of Title 2 of the California Code of Regulations ( "Regulations "), such tickets and passes are defined as those that provide admission to a facility, event, show, or performance for an entertainment, amusement, recreational, or similar purpose.
The City intends to use and distribute such tickets and passes to further governmental and public purposes, such as the promotion of City businesses, resources, programs, and facilities.
Under §18944.1 of the Regulations, tickets and passes are not considered gifts to public officials if the City distributes the tickets and passes according to a duly adopted written policy consistent with §18944.1.
Under §18944.2 of the Regulations, a "gift" is considered a gift to the City /Agency when the donor has not designated by name, title, or otherwise, the official who may use the gift; the City Manager or designee makes the determination and controls the City's use of the gift; the gift is used for official City business; if a gift of travel, it is not usedby a Councilmember, PlanningCommissioner, the City Manager, City Treasureror CityAttorney; and the gift does not exceedthe City's own reimbursementratefor travel.
Like tickets, gifts to the City are not reportableif the City has adopted a written policy consistent with §18944.2.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore, that the adopts the attached Exhibit A as its policy under Regulations Sections 18944.1 and -.2 regarding the handling of gifts, tickets and passes.
BE IT FURTHER RESOLVED that the City Manager is directed to and may amend the policy to be consistent with any amendmentsto §18944.1 and §18944.2, with certification by the City Attorney that any such amendments are made to be consistent with that section.
RESOLUTION NO.
95 ATTACHMENT 1
96 IN THE CITY COUNCILOF THE CITY OF LIVERMORE, CALIFORNIA
A RESOLUTION APPROVING A POLICY FOR DISTRIBUTING
TICKETS, PASSES, AND GIFTS TO CITY OFFICIALS
From time to time the City of Livermore (the "City") receives event tickets and passesfrom privatethirdpartiesor obtainsthemdirectlyfor useby variousCity Officials.
Under §18944.1 of Title2 of the CaliforniaCodeof Regulations ( "Regulations"), suchticketsandpassesaredefinedasthosethatprovideadmissionto a facility, event, show, or performance for an entertainment, amusement, recreational, or similar purpose.
The City intends to use and distribute such tickets and passes to further governmentaland public purposes, such as the promotionof City businesses, resources, programs, and facilities.
Under §18944.1 of theRegulations, ticketsandpassesarenotconsideredgifts to publicofficialsif the Citydistributesthe ticketsandpassesaccordingto a duly adoptedwritten policyconsistentwith §18944.1.
Under §18944.2 oftheRegulations, a "gift" isconsideredagifttotheCity/Agency whenthedonorhasnotdesignatedbyname, title, orotherwise, theofficialwhomay use the gift; the City Manager or designee makes the determinationand controlsthe City's useof thegift; the gift is usedfor officialCitybusiness; if a gift of travel, it is not usedbya Councilmember, PlanningCommissioner, theCityManager, CityTreasureror CityAttorney; andthegift doesnotexceedtheCity's ownreimbursementratefortravel.
Liketickets, giftsto theCityarenotreportableif theCityhasadopteda writtenpolicy consistent with §18944.2.
NOW, THEREFORE, BE IT RESOLVEDby the CityCouncilof the Cityof Livermore, thatthe adoptsthe attachedExhibitA as its policyunderRegulations Sections18944.1 and -.2 regardingthehandlingofgifts, ticketsandpasses.
BE IT FURTHERRESOLVEDthatthe CityManageris directedto andmay amendthepolicyto beconsistentwithanyamendmentsto §18944.1 and §18944.2, with certificationby the City Attorneythat any such amendmentsare madeto be consistent with that section.
RESOLUTION NO.
96 ATTACHMENT 1
97 On motion of Councilmember , seconded by Councilmember March 22, 2010.
the foregoing Resolutionwas passed and adopted on
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
ATTEST:
Susan Neer, City Clerk
APPROVED AS TO FORM
LJ6hnP midor, CityAttorney
RESOLUTION NO.
WA
ATTACHMENT 1
98 Exhibit A to the Resolution
is Attachment 1 of the Staff Report
ATTACHMENT 1
99 1 RESOLUTION NO. ________
IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA
A RESOLUTION APPROVING AN UPDATED POLICY FOR
DISTRIBUTION OF TICKETS, PASSES, AND GIFTS TO CITY
OFFICIALS
From time to time the City of Livermore (the “City”) receives event tickets and passes fro m private third parties or obtains them directly for use by various City Officials.
Under Section 18946 of Title 2 of the California Code of Regulations (“Regulations”), such tic kets are defined as anything that provides access, entry, or admission to a specific future event or function and for which similar tickets are sold to the public to view, listen to, or otherwise take advantage of the attraction or activity for which the ticket is sold and includes any benefits that the ticket provides. Passes are defined as a ticket that provides repeated access, entry, or admission to a facility or series of events and for which similar passes are sold to the public.
The City intends to use and distribute such tickets and passes to further governmental and publ ic purposes, such as the promotion of City businesses, resources, programs, and facilities.
Under §18944.1 of the Regulations, tickets and passes are not considere d gifts to public officials if the City distributes the tickets and passes according to a d uly adopted written policy consistent with §18944.1.
Under §18944 of the Regulations, a “gift” is considered a gift to the City/Agency when the donor has not designated by name, title, or otherwise, the official who may use the gift; the City Manager or d esignee makes the determination and controls the City’s use of the gift; the gift is used for official City business; if a gift of travel is not used by a Councilmember, Planning Commissioner, the City Manager, or City Attorney; and the gift does not excee d the City’s own reimbursement rate for travel. Like tickets, gifts to the City are not reportable by the official who receives the gift if the City has adopted a written policy consistent with §18944.
In 2010, the City Council adopted Resolution No. 2010 -056, which approved a policy for distributing tickets, passes, and gifts to City Officials consistent with the Regulations.
Since 2010 , the relevant regulations have been amended by the Fair Political Practices Commission . The City therefore seeks to am end the policy for distributing tickets, passes, and gifts to City Officials to conform with state law.
100
2 RESOLUTION NO. ________
NOW, THEREFORE, B E IT RESOLVED by the City Council of th e City of Livermore, that the City Council hereby adopts the Policy for Distributi on of Tickets, Passes, and Gifts , attached hereto as Exhibit A, to replace the previously approved policies.
On motion of Council M ember ______________________, seconded by Council Member ______________________, the foregoing r esolution was passed and adopted on April 27, 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Katherine Mirassou_______________ Helena Graves Katherine Mirassou
Acting City Clerk Assistant City Attorney
Exhibit A – Updated Distribution of Tickets, Passes, and Gifts Policy 101
D
ISTRIBUTION OF TICKETS, PASSES, AND GIFTS POLICY
II
. BACKGROUND
Sec
tion 18944.1 of the California Code of Regulations1 governs distribution of tickets or passes by a public agency to its officials. It sets forth the conditions under which a ticket or pass distributed to, or at the behest of, an agency official will not be treated as a gift under the Political Reform Act (PRA) and Fair Political Practices Commission (FPPC) regulations. It also requires the agency to adopt a policy governing ticket distribution and to post information on its website for each ticket that it distributes.
Sec
tion 18944 permits payments which constitute gifts under the PRA to be made to the City and thereafter used by City Officials without these payments being considered “gifts” which must be reported on the City Official’s annual Statement of Economic Interests, Form 700.
From
time-to-time, the City may purchase or receive tickets or passes for admission to events or receive gifts for City use. Accordingly, the City adopts this Policy in compliance with §18944.1 and §18944. This Policy governs the distribution of tickets and passes and receipt of gifts by the City and supersede any other City policies, practices or procedures relating to these subjects.
Not
hing in this policy supersedes State law or FPPC requirements. Employees are encouraged to review the appropriate regulations for specific information related to the Conflict of Interest Code and the filing of Statements of Economic Interests.
II. P
OLICY
A. Pur
pose of Policy
The purpos
e of this Policy is to ensure that all tickets, passes, and gifts provided to the City be distributed so that they accomplish public purposes of the City, as identified in this Policy, and in accordance with §18944.1 and §18944. Tickets and passes that are distributed and meet the requirements of this Policy will not result in a gift to the City Official who receives the ticket.
B. Def
initions
1. “
Pass” – A ticket that provides repeated access, entry, or admission to a facility or series of events and for which similar passes are sold to the public.
2. “
Ticket" – Anything that provides access, entry, or admission to a specific future event or function and for which similar tickets are sold to the public to view, listen to, or otherwise take advantage of the attraction or activity for which the ticket is sold and includes any benefits that the ticket provides. For purposes of this Policy, the term “ticket” shall include “pass” as defined herein.
3. “T
icket Distribution Coordinator” or “TDC” – The City Manager or designee(s).
4. “Cit
y Official” – Every member, officer, or full-time employee of the City of Livermore, as defined in §18700 and Government Code §82048. Such term shall include, but is not 1 All sections in this policy refer to the California Code of Regulations unless otherwise stated.
EXHIBIT A
102
l
imited to, any City Council Member or other appointed official or employee required to file an FPPC Form 700.
5. “Immediate family” – The spouse and dependent children of the City Official. The term “spouse” includes registered domestic partners recognized by State law. The term “dependent children” shall mean a child, including an adoptive child or stepchild, of a City Official who is under eighteen (18) years old and who the City Official is entitled to claim as a dependent on that City Official’s Federal tax returns.
6. “Gift” – Any payment, benefit, or item of value received without equal or greater consideration in return.
C. Ticket and Pass Policy
1. Application of Policy.
a) This Policy applies only to a ticket provided by the City to, or at the behest of, City Officials.
b) This Policy does not apply to:
i. Tickets provided to a City Official by an outside source to an event at which the Official performs a ceremonial role or function on behalf of the City; ii. Tickets provided to an Official by sources other than the City. iii. Tickets for which the Official pays the City the value of the ticket within 30 days of receipt of the ticket.
2. Receiving Tickets and Passes.
When any City employee or department receives tickets intended for City use, the ticket must be forwarded immediately to the City Manager or designee for processing. The City Manager will make all determinations for use of tickets in accordance with §18944.1 and this Policy. The following information must be provided to the City Manager: (1) Source of ticket or pass and (2) Stated purpose of the donation (if any).
3. Ticket Distribution.
a) The City may distribute tickets to City Officials under the following conditions:
i. The City Official treats the tickets as income consistent with applicable state and federal income tax laws; or
ii. The City Official uses, or directs, the tickets to be used for one or more of the following public purposes:
1) Promotion of the City as a good place to live, work, do business or recreate; 2) Recognition of exceptional City employees and community leaders for their contributions to the well-being of the City;
3) Support of local, and locally active, non-profit organizations, and their programs, which are dedicated to charitable, educational, cultural and social service activities;
4) Promotion of local and regional businesses, economic development and tourism activities within the City;
5) Marketing of City-controlled or sponsored events, activities or programs; 6) Attendance at events sponsored by other governmental agencies, industry groups and non-profit organizations for the purpose of meeting and conferring
EXHIBIT A
103
w
ith other governmental officials or business representatives regarding issues of interest to, or affecting, the City;
7) Information-gathering and education regarding matters of local, regional- or state-wide concern that affect the City;
8) Recognition of residents or local businesses, governmental agencies or community service organizations for providing services or benefits to the City, its residents or businesses;
9) Promotion of City programs, resources or facilities available for public use; 10) Exchange programs with foreign officials or dignitaries; 11) Employment retention, recognition or appreciation; or 12) Attendance of one member of the City Official's immediate family or one guest to accompany the Official to any of the above events.
b) Tickets will be distributed by the Ticket Distribution Coordinator in accordance with this policy.
4. Prohibition Against Disproportionate Use.
The TDC is responsible for ensuring tickets under this Policy are available to all City Officials, regardless of status or department. Tickets must not be distributed disproportionately for use by a member of the City Council or an advisory body, the City Manager, the City Attorney, or a Department head.
5. P rohibition Against Transfer.
A City Official who receives a ticket pursuant to this Policy is prohibited from transferring or selling the ticket to any other person, except to a member of the Official's immediate family for the family member's personal use or to no more than one guest solely for their attendance at the event.
D. Gift Policy
1. Application of Policy.
This Policy does not apply to gifts received by individual City Officials for personal use.
For gifts received by individual City Officials for personal use, please consult with the City Attorney’s Office.
2. Receiving Gifts.
When any City employee or department receives gifts intended for City use, the item must be forwarded immediately to the City Manager or designee for processing. The City Manager will make all determinations for use of items in accordance with §18944 and this Policy.
3. Gifts To The City.
a) Gifts that are consumable or usable on work premises may be accepted by a City Official, provided the item remains in the workplace and is made available for the shared benefit of all City staff in that location.
EXHIBIT A
104
b) No
n-consumable gifts with a fair market value of less than $100.00 may not be kept by an individual City Official. These gifts must be returned to the donor or used for the following: (1) Employee program, (2) Door prize at a City-sponsored event, or (3) Donation to a community organization.
c) Gifts with a fair market value of $100.00 or more, whether they are consumable or not, are to be given to the “City of Livermore” as a whole, not to a specific City Official or department. The City Official who received or becomes aware of such a gift must complete Form 801 and file it with the City Clerk with a copy to their department head.
d) Except for consumable items under $100.00 in value, the City Manager determines how the gift is to be distributed.
4. Gifts
of Travel.
a) Trav
el-related gifts may not exceed City reimbursement rates. Excess amounts must be treated as personal reportable gifts. Form 801 is required for all travel-related gifts to the City.
b) Gifts of travel may not be utilized by members of the City Council, members of the Planning Commission, the City Manager, or the City Attorney (Officials listed in Government Code Section 87200) and the City Manager’s designee may not designate themselves as the office to use the gift of travel.
E. C
ity Manager Duties
1. The City Manager, or their designee, shall be responsible for implementing this Policy.
2. The City
Manager is designated as the "Agency Head" for purposes of ensuring posting of FPPC Forms 801 and 802.
3. In the event that the City Manager desires to obtain a ticket for their use, the City Council authorizes t
he City Manager to exercise the City's discretion in determining whether the City Manager's use of tickets is in accordance with this Policy.
F. Discl
osure and Review Requirements
1. This P
olicy shall be posted on the City's website.
2. The Cit
y Clerk is responsible for posting all required FPPC forms and ensuring compliance with the law and regulations. Within 30 days of distributing tickets pursuant to this Policy, the City Clerk shall complete FPPC Forms 801 and 802 and post the completed forms on the City's website.
3. These proc
edures shall be reviewed every two years by the AR Manager and updated as needed to maintain compliance with State law and City policy.
Att
achments:
Cali
fornia Forms 801 and 802
EXHIBIT A
105
□
□ □
---------□ □ □ □ □
Payment to Agency Report A Public Document PAYMENT TO AGENCY REPORT California
Form
1. Agency Name
Agency Contact (name and title)
Street Address
Amendment
Date Stamp
Email
Division, Department, or Region (if applicable)
801
(month, day, year)
For Official Use Only
Area Code/Phone Number
Date of Original Filing:
(explain in comment section)
2. Donor Name and Address
Individual Other
NameLast Name First Name
Address City State Zip Code
If “Other” is marked, describe the entity’s business activity (if business) or its nature and interests.
If applicable, identify the name of each source and the amount(s) received by the donor for this payment:
$ $
Name Amount Name Amount
3. Payment Information (Complete Sections 3.1 (a or b), 3.2, 3.3)
3.1 (a) Travel Payment
Location of Travel Dates (month, day, year)
Transportation Provider
Rail Air Bus
Check Applicable Boxes
Auto Other
Name of Lodging Facility
$
Lodging Expenses
$
Meal Expenses
$
Transportation Expenses
$
Other Expenses
$
Total Expenses
3.1 (b) Payment(s) not related to travel: $
Dates (month, day, year) Total Expenses
3.2. Payment Description. Provide a specific description of the payment and its agency purpose and use.
3.3. Identify the officials who used the payment in Section 3.1 (See instructions) Last Name First Name Position/Title Department/Division Last Name First Name Position/Title Department/Division
4. Verification
I authorized the acceptance of the reported payment(s) as in compliance with FPPC regulations.
Signature Print Name Title (month, day, year)
Comment:
(Use this space or an attachment for any additional information) FPPC Form 801 (Jan/18) [email protected]
EXHIBIT A
106
Payment to Agency Report
Instructions A Public Document
California
Form 801
This form is used to report certain payments received by state and local government agencies. It includes:
• a payment for an official’s travel expenses for the purpose of facilitating the public’s business in lieu of a payment using agency funds; and
• a payment that would otherwise be considered a gift or income to the benefiting official, but is instead accepted on behalf of the agency.
FPPC Regulations 18944 and 18950.1 provide a procedure that state and local agencies may use to disclose payments used for agency purposes and paid by a third party. The regulations’ reporting procedures provide an alternative means to disclose a payment that may otherwise be considered income or a gift to a benefitting employee and subject to reporting on a Statement of Economic Interest, Form 700.
When and Where to File
An agency accepting a payment pursuant to Regulation 18944 and 18950.1 must complete Form 801 for each payment received regardless of the amount. The form must be maintained as a public document. If payments aggregate $2,500 or more in a calendar quarter, website posting is required.
Website Posting:
State Agencies
Within 30 days after the end of a calendar quarter if aggregated reported payments, for travel and non-travel purposes, total $2,500 or more:
• the agency must post the reports (or a report summary) on the agency website; and
• forward the information to the FPPC which will also post the information.
Local Agencies
The website posting rules differ for travel and non-travel payments.
Travel
Within 30 days after the end of a calendar quarter if aggregated reported payments total $2,500 or more:
• the agency must post the reports (or a report summary) on the agency website; and
• forward the information to the FPPC.
Payments Not Related to Travel
The agency’s filing officer for Statement of Economic Interests, Form 700, must receive the report. Within 30 days after the end of a calendar quarter if aggregated reported payments total $2,500 or more, the local agency must post the information on the local agency website. A report is not sent to the FPPC unless the agency does not have a website.
Postings must be displayed in a prominent manner and easily accessible. Reports may be posted earlier.
FPPC: Statements should be emailed to [email protected].
Statements may also be mailed to 1102 Q Street, Suite 3050, Sacramento, CA 95811 or faxed to (916) 322-3711.
Part 1. Agency Identification
List the agency’s name and address and the name of an agency contact.
Mark the amendment box if changing any information on a previously filed form and include the date of the original filing.
Part 2. Donor Information
Disclose the name and address of the donor. If the donor is not an individual, identify the business activity or nature and interests of the entity.
If the donor received funds from other sources that were used in connection with the payment, disclose the name and payment information for each source.
Part 3. Payment Information
Expenses may be rounded to whole dollars.
Section 3.1.a. Itemize travel payments including departure and return dates. Complete all fields, use “n/a” appropriately. Total the expenses for items such as taxi rides, gratuities, and rental cars in the “other” field and describe in the comments section.
Section 3.1.b. Report agency payments that are not travel related.
Section 3.2. Description
All payments must include a specific description of the use of the payment and the intended purpose for agency business. For example, a travel payment may read: Travel to attend an EPA co-sponsored solar energy seminar in Washington D.C.
Section 3.3. Identify Officials
Travel Payments: The name of the position/title and department of each official who used the payment is required. List the official’s name if he/she is an elected or appointed official. It is not required to list the names of other officials, rather insert “n/a.” Do not leave blank.
Non-Travel Payments: The name, position/title and department of the agency official who used the payment must be identified. All officials’ names are required.
Part 4. Verification
Verification of travel payments must be signed by an authorized agency official. Such individuals are those who have the authority to approve similar travel payments when made with agency funds.
Verification of non-travel payments must be signed by the agency head.
FPPC Form 801 (Jan/18)
FPPC Toll-Free Helpline: 866/ASK-FPPC (866/275-3772)
EXHIBIT A107
California
Form
Agency Report of:
1. Agency Name
Designated Agency Contact (Name,Title)
Date Stamp
E-mail
Division, Department, or Region (if applicable)
2. Function or Event Information
Verification
I have read and understand FPPC Regulations 18944.1 and 18942. I have verified that the distribution set forth above, is in accordance with the requirements.
Signature of Agency Head or Designee Print Name
Comment:
FPPC Form 802 (2/2016)
FPPC Toll-Free Helpline: 866/ASK-FPPC (866/275-3772)
(month, day, year)
802
(month, day, year)
For Official Use Only
Area Code/Phone Number
Date of Original Filing:
Ticket(s)/Pass(es) provided by agency?
Was ticket distribution made at the behest
of agency official?
Title
Ceremonial Role Events and Ticket/Pass Distributions
Event Description:
Amendment (Must Provide Explanation in Part 3.)
Provide Title/ Explanation
Official’s Name (Last, First)
If checking “Ceremonial Role” or “Other” describe below:
If checking “Ceremonial Role” or “Other” describe below:
Name of Agency, Department or Unit
Name of Outside Organization
(include address and description)
Name of Individual
(Last, First)
Number
of Ticket(s)/
Passes
Number
of Ticket(s)/
Passes
Number
of Ticket(s)/
Passes
Describe the public purpose made pursuant to the agency’s policy Identify one of the following:
Describe the public purpose made pursuant to the agency’s policy Does the agency have a ticket policy? No
No
Income Other
Other
Ceremonial Role
Ceremonial Role Income
No
Yes
Yes
Yes
Face Value of Each Ticket/Pass $
Date(s)
If no:
Name of Source
If yes:
3. A.
B.
C.
4. A Public Document
Recipients
Use Section A to identify the agency’s department or unit. Use Section B to identify an individual. Use Section C to identify an outside organization.• • •
EXHIBIT A
108
California
Form 802Agency Report of:
Ceremonial Role Events and Ticket/Pass Distributions
A Public DocumentContinuation Sheet
Agency Name
If checking “Ceremonial Role” or “Other” describe below:
If checking “Ceremonial Role” or “Other” describe below:
If checking “Ceremonial Role” or “Other” describe below:
If checking “Ceremonial Role” or “Other” describe below:
Name of Agency, Department or Unit
Name of Individual
(Last, First)
Name of Outside Organization
(include address and description)
Number
of Ticket(s)/
Passes
Number
of Ticket(s)/
Passes
Number
of Ticket(s)/
Passes
Describe the public purpose made pursuant to the agency’s policy Identify one of the following:
Describe the public purpose made pursuant to the agency’s policy Income
Income
Other
Other
Other
Other
Ceremonial Role
Ceremonial Role
Ceremonial Role
Ceremonial Role
Income
Income
3. A.
B.
C.
Recipients
FPPC Form 802 (2/2016)
FPPC Toll-Free Helpline: 866/ASK-FPPC (866/275-3772)
•Use Section A to identify the agency’s department or unit. •Use Section B to identify an individual. •Use Section C to identify an outside organization.
EXHIBIT A
109
This form is for use by all state and local government
agencies. The form identifies persons that receive
admission tickets and passes and describes the public
purpose for the distribution. This form was prepared by the Fair Political Practices Commission (FPPC) and is
available at www.fppc.ca.gov.
General Information
FPPC Regulation 18944.1 sets out the circumstances
under which an agency’s distribution of tickets to
entertainment events, sporting events, and like occasions would not result in a gift to individuals that attend the function. In general, the agency must adopt a policy which identifies the public purpose served in distributing the admissions. The Form 802 serves to detail each event
and the public purpose of each ticket distribution. FPPC Regulation 18942 lists exceptions to reportable gifts,
including ceremonial events, when listed on this form.
When the regulation procedures are followed, persons,
organizations, or agencies who receive admissions
are listed on a Form 802. Agency officials do not report the admissions on the official’s Statement of Economic
Interests, Form 700, and the value of the admission is not subject to the gift limit.
The Form 802 also informs the public as to whether the
admissions were made at the behest of an agency official and whether the behested tickets were provided to an
organization or to specific individuals.
Exception
FPPC This form is not required for admission provided to a school or university district official, coach, athletic director, or employee to attend an amateur event performed by
students of that school or university.
Reporting and Public Posting
Ticket Distribution Policies: An agency must post its
ticket policy on its website within 30 days of adoption or amendment and e-mail a link of the website location to
FPPC at [email protected].
Form 802: The use of the ticket or pass under the policy must be reported on Form 802 and posted on the agency’s website within 45 days of distribution. A link to the website location of the forms must be e-mailed to FPPC at
[email protected].
The FPPC will post on its website the link to each agency’s policy and completed forms. It is not necessary to send an e-mail each time a new Form 802 is posted. It is
only necessary to submit the link if the posting location changes.
This form must be maintained as a public document.
Privacy Information Notice
Information requested by the FPPC is used to administer and enforce the Political Reform Act. Failure to provide information may be a violation subject to administrative, criminal, or civil penalties. All reports are public records available for inspection and reproduction. Direct questions to FPPC’s General Counsel.
Instructions
Part 1. Agency Identification:
List the agency’s name. Provide a designated agency
contact person, their phone number, and e-mail address.
Mark the amendment box if changing any information on
a previously filed form and include the date of the original filing.
Part 2. Function or Event Information:
Confirm that your agency has a policy for ticket
distribution. Unless the ceremonial role or income box in Part 3, Section B, is marked, this form is only applicable if your agency has a policy.
Complete all of the other required fields that identify the ticket value, description of event, date(s) and whether the ticket was provided by the agency or an outside source. If an agency official behests the tickets, the official’s name is also required. Use the comment field or an attachment to explain in full.
Part 3. Ticket Recipients:
This part identifies who uses the tickets. The identification requirements vary depending upon who received the
tickets and are categorized into three sections. Each
section must list the number of tickets received. Use the comment field or an attachment to explain in full.
Section A. Report tickets distributed to agency staff,
other than an elected official or governing board member, pursuant to the agency’s policy. It is not necessary to list each employee’s name, but identify the unit/department for which the employee works. The agency must describe the public purpose associated with the ticket distribution. A reference to the policy is permissible.
Section B. Report: 1) any agency official who performs a ceremonial role; 2) any agency official who reports the value as income; or 3) tickets used by elected officials and governing board members (including those distributed
pursuant to the agency’s policy).
Section C. Report tickets provided to an organization.
The organization’s name, an address (website url is
permissible), and a brief description of the public purpose are required.
California
Form 802Agency Report of:
Ceremonial Role Events and Ticket/Pass Distributions
A Public Document
FPPC Form 802 (2/2016)
FPPC Toll-Free Helpline: 866/ASK-FPPC (866/275-3772)
EXHIBIT A
110
CITY COUNCIL STAFF REPORT
ITEM NO. 6.5
DATE:
April 27, 2026
TO:
Honorable Mayor and City Council
FROM:
Tina Olson, Administrative Services Director
SUBJECT:
Resolution authorizing the execution of an agreement with RingCentral, Inc. for a five- year term for Unified Communications Services (RingEX) in an amount not-to-exceed $750,000
RECOMMENDED ACTION
Staff recommends the City Council adopt a resolution authorizing an agreement with RingCentral, Inc. for unified communications services (RingEX) for a five-year term, in an amount not-to-exceed $750,000.
DECISION TYPE
Administrative
SUMMARY
The City's current telecommunications system, Mitel, is outdated and does not support Enhanced 911 (E911), which provides accurate caller location information to emergency responders. Enhanced 911
(E911) is mandatory in California to reduce response times in large buildings and remote workplaces.
RingCentral, Inc. will replace the City’s Mitel telecommunications system with a modern, E911 compliant, cloud-based unified communications system.
The proposed five-year agreement will provide improved reliability, enhanced functionality, and E911 compliance. The total contract amount is not-to-exceed $750,000 over the term, including equipment, services, taxes, and fees. The agreement is procured through OMNIA Partners Cooperative Contract No.
R241104.
DISCUSSION
RingCentral, Inc. will replace the City’s existing Mitel telecommunications system with a modern, cloud- based unified communications platform that integrates voice, messaging, and collaboration tools. This transition addresses critical deficiencies in the current system, most notably the lack of E911 capability, which is essential for providing accurate caller location information to emergency responders and 111
improving public and employee safety. In addition to achieving E911 compliance, the new system will modernize the City’s communications infrastructure, improve reliability by reducing dependence on aging on-premises equipment, and provide greater flexibility to scale services as operational needs evolve.
Staff evaluated the following three telecommunications systems: Zoom, RingCentral, and GoTo Meeting, based on their ability to integrate with the City's existing systems. Staff assessed the three platforms for functionality, compatibility, and total cost of ownership. Based on that evaluation, staff concluded RingCentral provides the best overall value, offering the most robust features at the lowest total cost over time.
FISCAL AND ADMINISTRTIVE IMPACTS
The proposed agreement with RingCentral, Inc. includes both one-time and ongoing costs associated with the implementation and operation of a new unified communications system. Initial costs include approximately $55,474 for equipment and setup, along with ongoing monthly service costs of approximately $6,934; applicable taxes will be added to these amounts. Over the five-year term, the total contract amount is not-to-exceed $750,000, which includes services, equipment, taxes, fees, and allows for future expansion. The one-time and annual costs for the RingCentral system are included in the City's IT Fund budget.
From an administrative perspective, the transition to a cloud-based system is expected to reduce the City’s reliance on aging on-premise infrastructure, lower maintenance demands, and improve overall system reliability and scalability. The upgrade will also ensure compliance with Enhanced 911 (E911) requirements, improving emergency response capabilities, and reducing operational risk.
COMMUNITY PILLAR
5: A City That Works
GOAL
11: Modernize key business systems and processes to increase efficiency and improve transparency
ATTACHMENTS
1. Resolution
2. Exhibit A - RingCentral Initial Order Form
Prepared by: Paul Galick
Acting IT Manager
112
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
113
1 RESOLUTION NO. ________
IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA
A RESOLUTION AUTHORIZING THE EXECUTION OF AN
AGREEMENT WITH RINGCENTRAL, INC. FOR A FIVE-YEAR TERM
FOR UNIFIED COMMUNICATIONS SERVICES (RINGEX) IN AN
AMOUNT NOT-TO-EXCEED $750,000
The current telecommunications systems, Mitel, is outdated and does not support Enhanced 911 (E911), which is mandatory in California, and critical for providing accurate caller location information to emergency responders. . It is mandated to reduce response times in lar ge buildings and remote workplaces, complying with federal laws like Kari's Law and RAY BAUM's Act.
RingCentral, Inc. will replace the City’s existing Mitel telecommunications system with a modern, cloud -based unified communications platform (RingEX) that integrates voice, messaging, and collaboration tools. This transition addresses critical deficiencies in the current system, most notably the lack of E911 capability, which is essential for providing accurate caller location information to emergency responders and improving public and employee safety. In addition to achieving E911 compliance, the new system will modernize the City’s communications infrastructure, improve reliability by reducing dependence on aging on -premises equipment, and provide greater flexibility to scale services as operational needs evolve.
The proposed agreement with RingCentral, Inc. includes both one -time and ongoing costs associ ated with the implementation and operation of a new unified communications system. Initial costs include approximately $55,474 for equipment and setup, along with ongoing monthly service costs of approximately $6,934 ; applicable taxes will be added to these amounts. Over the five-year term, the total contract amount is not -to-exceed $750,000, which includes services, equipment, taxes, fees, and potential future expansion. The agreement is procured through OMNIA Partners Cooperative Contract No. R241104.
NOW, THEREFORE, B E IT RESOLVED by the City Council of th e City of Livermore, that it:
1. Authorizes the City Manager to execute a purch ase order with RingCentral, Inc. in an amount not-to-exceed $750,000.
2. Authorizes th e City Manager to take whatever actions are necessary and appropriate to carry out the purpose and intent of this resolution.
114
2 RESOLUTION NO. ________
On motion of Council M ember ______________________, seconded by Council Member ______________________, the foregoing r esolution was passed and adopted on April 27, 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Daniel Gonzales
Helena Graves Daniel Gonzales
Acting City Clerk Deputy City Attorney
Exhibit A – RingCentral Initial Order Form
115
Initial Order Form Page 1 of 3
.
INITIAL ORDER FORM
This Initial Order Form is a binding agreement between RingCentral, Inc. (“RingCentral”) and City of Livermore (“Customer” or “You”) (together the “Parties”), for the purchase of the Services, licenses, and products listed herein. This Initial Order Form is subject to and incorporates the terms and conditions of: (i) the separate written agreement, executed by the Parties governing the purchase of the Services described in this Order Form, or (ii) the RingCentral Online Term s of Service available at https://www.ringcentral.com/legal/eulatos.html, if there is no written agreement in place (hereinafter (i) and (ii) referred to as the “Agreement”). Capitalized terms not defined herein shall have the same meanings as set forth in the applicable Agreement between the Parties. Unless agreed by both Parties in writing, any terms or conditions set forth in a Customer-issued purchase order or ordering document shall not apply.
Please note that RingCentral MVP is now RingEX. All references to “RingCentral MVP”, whether in terms of service, advertising or product descriptions, mean “RingEX”.
Customer Service Provider
City of Livermore RingCentral, Inc.
1052 S Livermore Ave
Livermore, CA 94550
United States
20 Davis Drive
Belmont, CA 94002
United States
Lorraine Purcell
(925) 960-4000
[email protected]
Service Commitment Period
Start Date: Effective as of the last date of signature below Initial Term: 60 Months
Renewal Term: 60 Months
Payment Schedule: Monthly
RingEX Services
Recurring Services
Summary of Service Qty Rate Subtotal
DigitalLine Unlimited Advanced 438 $12.99 $5,689.62
DigitalLine Unlimited Advanced $8.49
Compliance and Administrative Cost Recovery Fee $3.50
e911 Service Fee $1.00
DigitalLine Basic 110 $8.49 $933.90
DigitalLine Basic $3.99
Compliance and Administrative Cost Recovery Fee $3.50
e911 Service Fee $1.00
AI Receptionist License 1 $15.60 $15.60
AI Receptionist 100-minute bundle 10 $18.87 $188.70
Additional Local Number 217 $0.49 $106.33
Monthly Recurring Services* $6,934.15
Docusign Envelope ID: 63015BF6-0BAF-4708-AD5C-45D8360B8533
EXHIBIT A
116
Initial Order Form Page 2 of 3
One-Time Items
Summary of Item(s) Qty Rate Subtotal
Poly Trio C60 Smart Conference Phone 21 $556.41 $11,684.61 Poly Edge E220 IP Phone 388 $75.99 $29,484.12
Poly Edge E550 IP Phone 45 $162.69 $7,321.05
Poly 402 ATA 1 $50.49 $50.49
One-Time Total $48,540.27
Total Initial Amount $55,474.42
*Amounts are exclusive of applicable Taxes, Fees, and Shipping Charges.
Cost Center Billing
For customers with cost center billing, it is the Customer’s responsibility to provide cost center allocation information to RingCentral at least 10 days prior to the issuance of the invoice. After the information is received, it will be reflected on future invoices, but will not be adjusted retroactively on past invoices. If purchasing additional services through the administrative portal, it is the Customer’s responsibility to assign cost centers at the time of purchase; otherwise, those services will not be allocated by cost center on the next invoice. Please note that cost center allocation is not available for certain items, such as minute bundles and credit memos. For additional questions, please contact the RingCentral invoice billing team at [email protected].
Free Services Amount
You will receive 38,397.15 US Dollars (the “Free Service Amount”), which will be applied against charges for the recurring Services set forth in this Order Form and any applicable taxes and fees associated with those Services invoiced by RingCentral. The Free Service Amount is non-transferable and non-refundable and will expire upon termination of this Order Form. You will be responsible for paying for any additional services and products ordered, and any applicable associated taxes and fees..
Customer Reference. Customer may promote their use of RingCentral services and agrees that RingCentral may identify customer as a user of the services. All press releases or quotes regarding Customer’s use of service will be pre-approved by Customer, which consent will not be unreasonably withheld.
Add-on Services. Customer is responsible for reviewing additional terms and conditions that may apply to RingCentral add-on services (where available) and certain Advanced Support Services listed on this order form, and which are available at https://www.ringcentral.com/legal/add-on-services.html.
Special Terms & Notes
Cooperative Contract
1. Applicable Agreement. This Order Form is subject to the terms and conditions specified in the RingCentral Master Services Agreement (“ MSA”) incorporated into the Region 4 Education Service Center (ESC) Contract No. R241104 for Unified Communications as a Service (UCaaS) with RingCentral Inc. (effective May 1, 2025) at pages 107 through 148, found at:
https://public.omniapartners.com/suppliers/ringcentral/contract-documentation#c38627, and administered by OMNIA Partners for Region 4 ESC.
2. A separately executed MSA is NOT required between the OMNIA Partners Participant and RingCentral. The following Attachments to the MSA are incorporated into and form a part of the MSA applicable to this Order Form:
● Exhibit A – Definitions
● Attachment A – RingEX Services
● Attachment G – Security Addendum
3. Contract No. R241104 must appear on:
a. RingCentral quotations to the OMNIA Partners Participant; b. The OMNIA Partners Participant’s Purchase Order; and c. The RingCentral invoice.
4. Participating Public Agency must issue RingCentral a purchase order (or similar document) for all purchases, including any subsequent purchases made through the RingCentral Administrative Portal.
5. Venue and Choice of Law is CA.
6. Renewal. Participating Public Agency may continue to renew its subscription with RingCentral under OMNIA Contract No.
R241104 until it expires. Subscription terms that exceed the OMNIA Contract R241104 term shall remain valid, subject to any Docusign Envelope ID: 63015BF6-0BAF-4708-AD5C-45D8360B8533
EXHIBIT A
117
Initial Order Form Page 3 of 3
limiting terms. Eligible Entities that would like to renew subscription services after expiration of OMNIA Contract R241104 may, subject to mutual consent of the Parties and the terms of the OMNIA contract, continue their subscription under OMNIA for up to one year beyond the Contract R241104 term.
Estimated Taxes and Fees
In addition to the amounts listed above, RingCentral estimates Customer’s monthly taxes and fees as detailed in the table below.
One-time taxes are identified separately. This amount is an estimate only and is subject to change based on current rates. Actual taxes and fees will be determined at the time of billing.
Summary of Service Qty Rate
P.U.C. Fee (VoIP) NF 1 $23.90
FUSF (VoIP) 1 $530.75
CA Public Purpose Program Surcharge (VoIP) 1 $493.20
E-988 (VoIP) 1 $27.40
E911 (VoIP) 1 $224.68
District Tax (one-time) 1 $1,456.21
Sales Tax (one-time) 1 $3,519.17
IN WITNESS WHEREOF, the Parties have executed this Initial Order Form above through their duly authorized representatives.
Customer RingCentral
City of Livermore RingCentral, Inc.
By: \RCsign1\ By:
<# <Image Select="//Internal_Signature"
Optional="true" Width=”2” Height=”1”/> #>
Name: \RCname1\ Name: Michael Fiocca
Title: \RCtitle1\ Title: Regional Vice President, Public Sector Date: \RCdate1\ Date: \RCdate1\
.
Tina Olson
Administrative Services Director
Docusign Envelope ID: 63015BF6-0BAF-4708-AD5C-45D8360B8533 4/9/2026 | 3:21 PM PDT
APPROVED AS TO FORM:
__________________
Daniel Gonzales
Deputy City Attorney
APPROVED AS TO INSURANCE:
_____________________
Jas Sidhu
Risk Manager
EXHIBIT A
118
CITY COUNCIL STAFF REPORT
ITEM NO. 6.6
DATE:
April 27, 2026
TO:
Honorable Mayor and City Council
FROM:
Aaron Lacey, Fire Chief
SUBJECT:
Resolution a
uthorizing the City Manager to sign the second amendment to the Emergency Medical Services First Responder Advanced Life Support (FRALS) Agreement between the City and the County of Alameda.
RECOMMENDED ACTION
Adopt a resolution authorizing the City Manager to sign the second amendment to the EMS FRALS Agreement.
DECISION TYPE
Administrative
SUMMARY
The update to the FRALS agreement is intended to ratify the current time/date range for the current contract that was slated to expire July 1, 2026. The updated agreement, with changes, is intended to capture the direction from the Board of Supervisors, extending an agreement with the current provider FALCK, USA for a two-year term, including a possible one-year extension. The proposed timeline within the agreement will terminate if a new transport provider is selected and an updated agreement will be presented prior to the start of a new provider.
DISCUSSION
In 1980, the State Legislature enacted the Emergency Medical Services System and the Prehospital Emergency Medical Care Personnel Act ("EMS Act") to create a comprehensive system governing prehospital emergency medical services. The purpose of the EMS Act is to provide for integrated and effective emergency medical services throughout the state.
Pursuant to the EMS Act, Alameda County is the designated Local Emergency Medical Services Agency ("LEMSA") responsible for the medical control and management of the emergency medical services system in Alameda County.
119
In 2011, the City of Livermore entered into a five (5) year agreement with Alameda County as the LEMSA for the City to provide First Responder Advanced Life Support ("FRALS") services, as part of the local emergency medical services system in Alameda County ("Original Agreement"). Similar agreements were entered into by other cities and agencies in the County, including the City of Pleasanton. The Original Agreement defined the FRALS standards and delivery, and contained a detailed schedule of reimbursements from the County to the City to offset some of the City costs to provide paramedic services.
The term for the Original Agreement was due to expire on October 31, 2016. In May 2016, the City executed the First Amendment to the Original Agreement with the County, which included a provision that extended the expiration date in the Original Agreement to October 31, 2017. In September 2018, the City executed the Second Amendment to the Original Agreement that included a provision to extend the expiration date to June 30, 2018. The City executed a Third Amendment to the Original Agreement to extend the expiration date to June 30, 2019, and to discontinue the County's reimbursements to the City for FRALS services that had offset some of the City costs to provide paramedic services.
In July 2019, a new FRALS Agreement was executed. In June 2024, the City executed the First Amendment to the Original Agreement with the County, extending the term through June 30, 2026, and adding the potential for a telemedicine program. The County is requesting a Second Amendment to extend the term through June 30, 2029.The proposed timeline within the agreement will terminate if a new transport provider is selected and an updated agreement will be presented prior to the start of a new provider.
FISCAL AND ADMINISTRATIVE IMPACTS
There are no additional financial or administrative impacts.
COMMUNITY PILLAR
1: A Safe Community that Thrives
5: A City that Works
GOALS
5: Ensure effective fire suppression, prevention, emergency medical and disaster services to meet the evolving needs of our communities and other changing conditions
GUIDING DOCUMENT
LPFD Strategic Plan
ATTACHMENTS
1. Resolution
2. Exhibit A - Second Amendment
Prepared by: Gina Eleccion
Business Manager
120
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
121
1 RESOLUTION NO. ________
IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA
A RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN THE
SECOND AMENDMENT TO THE EMERGENCY MEDICAL SERVICES
FIRST RESPONDER ADVANCED LIFE SUPPORT (FRALS)
AGREEMENT BETWEEN THE CITY AND THE COUNTY OF ALAMEDA
In 1980, the State Legislature enacted the Emergency Medical Services System and the Prehospital Emergency Medical Care Personnel Act ("EMS Act") to create a comprehensive system governing prehospital emergency medical services. The purpose of th e EMS Act is to provide for integrated and effective emergency medical services throughout the state.
Pursuant to the EMS Act, Alameda County is the designated Local Emergency Medical Services Agency ("LEMSA") responsible for the medical control and management of the emergency medical services system in Alameda County.
In 201 9, the City of Livermore entered into a five (5) year agreement with Alameda County as the LEMSA for the City to provide First Responder Advanced Life Support ("FRALS") services, as part of the local emergency medical services system in Alameda County ("Original Agreement"). Similar agreements were entered into by other cities and agencies in the County, including the City of Pleasanton.
In June 2024, the City executed the F irst Amendment to the Original Agreement with the County, extending the term through June 30, 2026 and adding the potential for a telemedicine program. The County is requesting a Second Amendment to extend the term through June 30, 2029.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that it authorizes the City Manager to sign the Second Amendment to the original Emergency Medical Services First Responder Advanced Life Support (FRALS) Services Agreement between the City and the County of Alameda executed in 2019, in substantially the same form as the agreement attached hereto as Exhibit A, and upon the City Attorney's approval as to form.
On motion of Council M ember ______________________, seconded by Council Member ______________________, the foregoing r esolution was passed and adopted on April 27, 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
122
2 RESOLUTION NO. ________
ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Kimberly Cilley
Helena Graves Kimberly Cilley
Acting City Clerk City Attorney
123
S
ECOND AMENDMENT TO AGREEMENT
This Second Amendment (“Amendment”) to the Emergency Medical Services First Responder Advanced Life Support Services Agreement (“Agreement”), made and entered into on July 1, 2019, is made by the County of Alameda (“County”) and the City of Livermore (“Contractor”).
For valuable consideration, the receipt and sufficiency of which is hereby acknowledged, County and Contractor agree to amend the Agreement in the following respects:
1. Section 2.1 of the Agreement, concerning the term, shall be deleted and replaced with the following l
anguage:
2.1 The term of the agreement shall be July 1, 2019, through June 30, 2029. The EMS Agency may terminate this Agreement earlier if the County initiates a new EMS system design that significantly alters service delivery, and a new Agreement is negotiated with the Contractor.
2. Except as expressly modified by this Second Amendment, all of the terms and conditions of the A
greement, are and remain in full force and effect.
EXHIBIT A
124
IN
WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the Agreement on the date(s) referenced below.
COUNTY OF ALAMEDA CITY OF LIVERMORE
By
:______________________________
Signature
By
:_____________________________
Signature
Nam
e: Nam
e: Marianna Burch
Title: Title: City Manager
Date:___________________________ Date:___________________________ Approved as to Form:
DONNA R. ZIEGLER, County Counsel
By
:________________________________
K. Scott Dickey, Assistant County Counsel
By signing above, signatory warrants and
represents that he/she executed this
Second Amendment in his/her authorized
capacity and that by his/her signature on
this Second Amendment, he/she or the
entity upon behalf of which he/she acted,
executed this Second Amendment.
EXHIBIT A
125
CITY COUNCIL STAFF REPORT
ITEM NO. 6.7
DATE:
April 27, 2026
TO:
Honorable Mayor and City Council
FROM:
Aaron Lacey, Fire Chief
SUBJECT:
Adopt a Resolution authorizing the City Manager to execute a Contract Change Order for the Livermore-Pleasanton Fire Department Joint Powers Authority with L.N. Curtis & Sons for an amount not-to-exceed $600,000
RECOMMENDED ACTION
Staff recommends the City Council adopt a resolution authorizing the City Manager, on behalf of LPFD in her capacity as a Joint Executive Director for LPFD, to execute a blanket contract change order with L.N.
Curtis & Sons in an amount not-to-exceed $600,000 for the purchase of materials and supplies in support of daily operations and fire academy operations for the Livermore-Pleasanton Fire Department Joint Powers Authority (LPFD) for Fiscal Year 2025-26.
DECISION TYPE
Administrative
SUMMARY
The purchase of various tools, equipment, and personal protective equipment (PPE) is necessary for firefighters to safely and effectively provide service to the community. Firefighters require specialized equipment and PPE to perform daily response functions. The same equipment and PPE is required for Fire Academy participants. L.N. Curtis is a vendor that provides tools, equipment, and PPE. PPE is tested for safety and integrity of materials and must be replaced when found to be unsafe. Having a contract with this vendor provides LPFD with much-needed flexibility with purchasing decisions.
DISCUSSION
The Livermore Pleasanton Fire Department (LPFD), in support of its daily operations, purchases various goods and materials, such as, personal protective equipment, fire hose, gas monitors, thermal imaging cameras, fireground equipment and hand tools. L.N. Curtis & Sons, headquartered in Dublin, CA, is one of the vendors from which LPFD routinely places orders. L.N. Curtis & Sons is the exclusive West Coast distributor for many fire industry manufacturers; therefore, some purchases must be made solely through them. Other factors are pricing, cost savings, and timeliness of delivery. 126
LPFD purchases from L.N. Curtis & Sons, as well as additional vendors. For Fiscal Year 2025-26, a blanket contract was issued in an amount not to exceed $300,000 for L.N. Curtis. The LPFD JPA administration authorizes each city manager to approve contracts up to $200,000 each. At the time this was issued, the Pleasanton city manager only had authority to sign up to $100,000. The increase to the blanket contract requires city council approval. As the majority of purchases this year have been through L.N. Curtis, as opposed to the other contracted vendors, an increase to this blanket contract is necessary. This will not result in an increase to the budget, as there have been minimal purchases through the other vendors.
FISCAL AND ADMINISTRATIVE IMPACTS
Purchases made under this purchase order are based on cooperative purchasing agreements negotiated by Alameda County and National Purchasing Partners. Livermore Municipal Code section 2.68.370 permits use of cooperative purchase agreements as an exception to the City’s bidding requirements.
Funds for the purchase of goods and materials are included in the LPFD Adopted Operating Budget for the Fiscal Year 2025-26 therefore no additional appropriation is necessary.
COMMUNITY PILLAR
1: A Safe Community that Thrives
5: A City that Works
GOALS
5: Ensure effective fire suppression, prevention, emergency medical and disaster services to meet the evolving needs of our communities and other changing conditions
GUIDING DOCUMENT
LPFD Strategic Plan
ATTACHMENTS
1. Resolution
2. Exhibit A
Prepared by: Gina Eleccion
Business Manager
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
127
1 RESOLUTION NO. ______
IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT CHANGE ORDER FOR FY 2025-26 WITH L.N. CURTIS & SONS FOR THE
LIVERMORE-PLEASANTON FIRE DEPARTMENT JOINT POWERS AUTHORITY IN AN AMOUNT NOT TO EXCEED $600,000
Each year, the Livermore -Pleasanton Fire Department Joint Powers Authority (“LPFD”), in support of delivering life and fire protection services to the community, purchases various materials and supplies , such as, personal protective equipment, fire hose, gas monitors, thermal imaging cameras, fireground equipment and hand tools. L.N.
Curtis & Sons, is one of the vendors from which LPFD routinely places orders. They are the exclusive West Coast distributor for many fire industry manufacturers; therefore, some purchases must be made solely through them. Other factors are pricing, cost savings and timeliness of delivery.
Each year, purchases are typically split between multiple vendors. The majority of purchases this fiscal year have been made with L.N. Curtis & Sons, reducing the expenditure with the alternate vendors, and requiring an increase to the contract with L.N.
Curtis & Sons.
Purchases made under this blanket purchase order are based on cooperative purchasing agreements negotiated by Alameda County and National Purchasing Partners. Livermore Municipal Code section 2.68.370 permits use of cooperative purchase agreements as an exception to the City’s bidding requirements.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that the City Manager, on behalf of LPFD in her capacity as a Joint Executive Director for LPFD, is authorized to execute a contract change order , to the agreement attached as Exhibit A, with L.N. Curtis & Sons for the purchase of materials and supplies for an additional $300,000, with a not-to-exceed amount of $600,000, for Fiscal Year 2025-26.
On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on April 27, 2026 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
128
2 RESOLUTION NO. ______
ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Daniel Gonzales
Helena Graves Daniel Gonzales
Acting City Clerk Deputy City Attorney
129
THIS NUMBER MUST APPEAR ON ALL INVOICES,
PACKAGES AND SHIPPING PAPERS.
Department
Type
Bonds in Lieu
Contract #
Fiscal Year
VENDOR NUMBER EXPIRE DATEESTIMATED START ESTIMATED COMPLETION VENDOR PHONE NUMBERADMINISTRATORRFP DESCRIPTION
CONTRACT DESCRIPTION
City of Livermore
1052 S. Livermore Avenue
Livermore, CA 94550
20260105
FIRE
Blanket Agreement
N
2026
LN CURTIS & SONS
DEPT 34921
P O BOX 39000
SAN FRANCISCO, CA 94139
109798 07/01/2025 06/30/2026
PPE & Small Equipment
Blanket Purchase Order (BPO) THIS IS A BLANKET PURCHASE ORDER CONTRACT AND THE TERMS AND CONDITIONS ON THE REVERSE SIDE APPLY; CONTRACTOR MUST
SUPPLY ALL MATERIALS AND/OR SUPPLIES NECESSARY TO PERFORM THE FOLLOWING AS REQUIRED DURING THE TERM OF JULY 1, 2025 AND JUNE 30, 2026.
NO
ONE PURCHASE SHALL EXCEED THE AMOUNT OF $10,000 AND PRICING SHALL BE BASED ON LN CURTIS GOVERNMENT CONTRACT PRICING THROUGH SOU
RCEWELL (#010424 PPE; #020124 SMALL EQUIPMENT). PLEASE LIST CONTRACT # 20260105 ON ALL INVOICES RELATED TO THIS BLANKET FOR PROMPT PAYMENT PRO
CESSING. BY CONTRACTING WITH THE CITY, YOU ACCEPT THE TERMS OF THIS CONTRACT WHICH ARE STATED ON THE FRONT AND BACK SIDE OF THIS FORM, ON BEHALF OF THE ENTITY CONTRACTING WITH THE CITY. ANY CONFLICT BETWEEN THE TERMS STATED ON THE FRONT OR BACK OF THIS ONE PAGE CITY FORM AGREEMENT AND ANY DOCUMENT ATTACHED TO THIS FORM SHALL BE GOVERNED BY THIS FORM. BLANKET NOT TO EXCEED $300,000.
Authorized Signature Authorized Signature
Total Expended $3,360.96
Total Open PO $0.00
Total Open Requisition $0.00
Total Contract Balance $296,639.04
Total Liquidated Amount $3,360.96
Total Revised $300,000.00
TOTAL ORIGINAL $300,000.00
EXHIBIT A
130
Terms and Conditions
1. NO SUBSTITUTIONS accepted without approval of Purchasing Specialist.
2. Prices must be F.O.B. destination. DO NOT ship collect.
3. The City of Livermore is EXEMPT from payment of FEDERAL EXCISE TAX under Chapter 32, IRS Code. Items are for the exclusive use of the City of Livermore and not for resale unless otherwise stated.
4. The seller assumes all risks in connection with the merchandise ordered until delivery to the City as specified and accepted by the City.
5. Merchandise is subject to inspection and test by the City at the place of destination. If any merchandise is found at any time to be defective or nonconforming, the City, in addition to all other rights, shall have the right, in whole or in part, to reject and return the merchandise at Seller’s expense and to receive full credit for it, or to require its replacement without additional cost to the City.
6. The City may terminate this agreement and be relieved of the payment for any consideration if the contractor fails to perform the terms of this contract at the time and in the manner required. In the event of such termination, the City may proceed with the work in any manner deemed proper by the City. The cost to the City shall be deducted from any sum due the contractor under this agreement, and the balance, if any, shall be paid to the contractor upon demand.
7. All materials by purchase order and/or contract must comply with all federal, CAL-OSHA, and local safety rules and regulations.
8. The billing terms/cash discount available to the buyer shall begin on the date of acceptance of the merchandise or on the date of receipt of invoice, whichever is later.
Additional Terms for Service Contracts
1. Services by Provider: Provider shall perform services in a manner commensurate with the highest professional standards by qualified and experienced personnel.
2. Independent Parties: Provider and its employees are independent contractors and not employees of the City. Provider is responsible for any required payments on behalf of its insurance or other benefits.
3. Permits & License Compliance: Provider shall maintain all appropriate permits, licenses and certificates that may be required under this contract. Provider shall comply with all federal, state, and local law in its performance under this contract.
4. Termination: If provider fails to perform at the time and in the manner required by this contract, the City may terminate the contract by giving written notice to provider and paying the reasonable and proportionate amount for services already provided.
5. Reports: Every document prepared under this contract is the exclusive property of the City. No information prepared under this contract may be made available to any individual or organization without the City’s prior approval.
6. Hold Harmless: Provider shall indemnify, defend, and hold harmless the City, its officers, employees, agents, and volunteers from and against all claims, damages, losses, and expenses, herein, caused in whole or in part by any negligent act or omission of the consultant, subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, except where caused by the sole negligence and willful misconduct of the City.
7. Insurance: Provider shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the provider, its agents, representatives, or employees.
8. The General Liability and Auto Liability policies are to contain or be endorsed to name the City, its officers, officials, employees, and designated volunteers as additional insureds respects liability arising out of the activities performed in connection with this contract. The Contractor’s coverage shall be primary and shall apply separately to each insured against who claim is made or suit is brought, except with respect to the limits of the insurer’s liability. Contractor shall furnish the City original Certificates of Insurance and endorsements (affecting coverage required by this clause) signed by a person authorized to bind coverage on its behalf. Insurance is to be placed with insurers with a current A.M Best rating of not less than A:VII if the insurance company is licensed to do business in the State of California. If not, the insurance company shall have an AM Best rating of not less than A+:X. A waiver of subrogation is required for Workers’ Compensation Insurance. The endorsements are to be received and approved by the City before work commences.
Miscellaneous Provisions:
Waiver: City’s waiver of a breach of term is not deemed a waiver of any subsequent breach of the same term.
Cost of Litigation: If legal action is necessary to enforce this contract, the prevailing party is entitled to receive all costs and expenses including reasonable attorney’s fees and reasonable costs of arbitration or litigation.
Entire Contract: This is the entire contract. Any modification must be in writing and signed by all parties.
EXHIBIT A
131
CITY COUNCIL STAFF REPORT
ITEM NO. 7.1
DATE:
April 27, 2026
TO:
Honorable Mayor and City Council
FROM:
Aaron Lacey, Fire Chief
SUBJECT:
Hearing to receive and consider protests and direct staff to proceed with fieldwork on the abatement of weeds, rubbish, dirt, or refuse on specific described properties under the 2026 Weed Abatement Program.
RECOMMENDED ACTION
Staff recommends City Council consider all protests, and if the City Council finds it appropriate, adopt a resolution overruling protests, and direct staff to proceed with necessary weed abatement on all parcels requiring abatement.
DECISION TYPE
Legislative
SUMMARY
On March 23, 2026, Council approved Resolution 2026-038, the 2026 Fire Hazard Abatement Program.
Following that meeting, staff mailed a public hearing notice to all parcel owners named in Exhibit A to the Resolution. As outlined, parcel owners have been advised of the need to abate the weeds and debris which constitute fire hazards. In cases where there was an insufficient mailing address, the notice was posted conspicuously on the property. To avoid the City Contractor abating the fire hazards, a property owner must complete the abatement in a manner that meets abatement guidelines by the required deadline. Additionally, parcel owners can protest the need to abate hazards at this public hearing which was provided in the notice.
DISCUSSION
After considering any objections to the proposed abatement at this hearing, it is recommended that the City Council overrule the objections to the proposed abatement and/or amend the list of properties to be abated. The City Council should then adopt the attached resolution, as amended (if at all), that orders a contractor to abate the weeds on the properties attached in Exhibit A.
Fire Inspectors will survey each parcel listed for compliance. If abatement has not occurred by May 31, 132
2026, the City Contractor will abate the weeds. At a public hearing this summer, staff will recommend that the City Council order that the abatement cost be a special assessment and a lien imposed on the properties requiring abatement for any outstanding invoices.
FISCAL AND ADMINISTRATIVE IMPACTS
The abatement costs are fully recoverable. A contractor will be retained by the City, or by the Livermore- Pleasanton Fire Department on behalf of the City, to perform the abatement. Invoices will be sent to property owners for all work the City Contractor performs. Last year, the total cost of work was $3,680, which included administrative costs incurred by the City in accordance with Section 39577 of the Government Code. Owners can pay the City directly. All unpaid invoices will be filed with the Alameda County Tax Collector and added as a special assessment to the property tax roll.
COMMUNITY PILLAR
1: A Safe Community that Thrives
GOAL
5: Ensure effective fire suppression, prevention, emergency medical and disaster services to meet the evolving needs of our communities and other changing conditions.
ATTACHMENTS
1. Resolution
2. Exhibit A - List of Parcels & Property Owners
Prepared by: Shiffon Smith
Administrative Assistant
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
133
1 RESOLUTION NO. ________
IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA
A RESOLUTION OVERRULING PROTESTS AND ORDERING THE
ABATEMENT OF WEEDS, RUBBISH, DIRT, OR REFUSE ON
CERTAIN DESCRIBED PROPERTIES UNDER THE 2026 WEED
ABATEMENT PROGRAM
On March 23, 2026, the City Council passed and adopted Resolution No. 2026- 038 declaring that conditions existed, or that seasonal and recurrent conditions exist, of growing weeds, accumulated refuse, rubbish or dirt, on private property and/or on the streets, parkways or sidewalks, adjacent to each parcel of real property the resolution described. The City Council also found such conditions to be public nuisances requiring abatement.
The date, time, and place for hearing and considering all objections to the proposed abatement of the public nuisances described in Resolution No. 202 6-038 was April 27, 2026, at 7 p.m. in Livermore, California.
The Livermore-Pleasanton Fire Department gave written notice of the proposed abatement to all persons owning the property describe d in Resolution No. 202 6-038 at least five days prior to the date set for the hearing of objections to the abatement.
The Council has heard and considered all objections to the abatement of the public nuisance described in Resolution No. 2026-038.
The ac tual costs incurred for the nuisance abatements will be confirmed by the City Council at a future meeting to levy as an assessment against the respective properties.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that any and a ll protests to the abatement of the public nuisances on the properties described in Exhibit A, attached hereto, are overruled.
BE IT FURTHER RESOLVED by the City Council of the City of Livermore that staff is ordered to proceed immediately to abate the public nuisances on the properties identified in Exhibit A, attached hereto. The abatement will consist of having the weeds , rubbish, refuse or dirt removed on all parcels that property owners have not abated by the May 31, 2026 deadline. Abatement will be performed by a service provider retained by the City of Livermore and the costs will be based on the actual work performed for each parcel. In accordance with Section 39577 of the Government Code, administrative costs incurred by the City of Livermore will be added to the cost of the nuisance abatement.
134
2 RESOLUTION NO. ________
On motion of Council Member _________________, seconded by Council Member ________________ the foregoing resolution was passed and adopted on April 27, 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Daniel Gonzales
Helena Graves Daniel R. Gonzales
Acting City Clerk Deputy City Attorney
Exhibit A – 2026 List of Parcels & Property Owners
135
ITEM # Parcel Number Situs_Address Situs_Owner_Name
1 097 -0022-001-00 1783 2nd St MITOMA PROPERTIES LLC
2 097 -0090-039-07 Holmes St COUNTY ALAMEDA FLOOD CONTROL & WATER CONSERVATION 3 097 -0137-002-11 Arroyo Rd COUNTY ALAMEDA FLOOD CONTROL & WATER CONSERVATION 4 097 -0143-056-00 1202 Concannon Blvd. NIGHTWING PROPERTIES LLC 5 098 -0213-003-03 732 N K ST (ELM ST) JOHAL AMRIK S & GHAG MAKHAN S 6 098 -0213-003-05 Elm St GHAG MAKHAN & JOHAL AMRIK
7 098 -0227-003-00 Walnut St LONG JACK B & VOLKMAN SHERYL I 8 098 -0250-005-00 OAK ST W P CO
9 098 -0251-009-00 OAK ST W P CO
10 098 -0256-027-00 JUNCTION AVE MALLONI JAMES TR
11 098 -0260-022-04 N I ST W P CO
12 098 -0264-024-02 JUNCTION AVE W P CO
13 098 -0275-016-04 3163 GARDELLA PLAZA W P CO 843-1-23-3 14 098 -0281-009-00 NORTH K ST DESOUSA GIZELA P & GISELLE M TRS 15 098 -0281-010-00 NORTH K ST DESOUSA GIZELA P & GISELLE M TRS 16 098 -0290-007-02 N N ST W P CO
17 098 -0290-008-02 N P ST W P CO
18 098 -0290-009-02 VINEYARD AVE W P CO
19 098 -0298-005-00 659 Andrews St SABIN DON
20 098 -0346-021-00 909 N L St DERONG INVESTMENT 1 LLC
21 098 -0346-022-00 909 N L St DERONG INVESTMENT 1 LLC
22 098 -0350-054-00 MARYLIN AVE KREMER KENNETH A TR
23 098 -0356-139-00 10 N Murrieta Blvd Lexington Associates 24 098A-0414-028-06 600 MAPLE ST/SCHOOL ST LIVERMORE VALLEY JOINT UNIFIED SCHOOL DISTRICT 25 098A-0610-004-00 EAST AVE BIG RED BUDDY LP & ERLICH STEVEN J & LINDA R TRS 26 099 -0015-002-07 N Livermore Ave State of California 27 099 -0015-003-14 2251 LAS POSITAS RD LINDEN SUMMIT INVESTMENT CO Castle Management 28 099 -0015-006-02 1273 N LIVERMORE AVE TRIVALLEY MONTESSORI SCHOOL 29 099 -0015-010-03 2784 LAS POSITAS RD WALMART STORES INC 30 099 -0015-022-03 LAS POSITAS LEE MARK & MARION CHERYL 31 099 -0015-023-04 1309 HILLIKER ADAMS SHELLY TR
32 099 -0015-024-00 1301 HILLIKER FUKUSHIMA HIROSHI & DIANNE TRS 33 099 -0015-026-06 1365 HILLIKER FEDERICO JOHN & GINNY D 34 099 -0015-028-02 LAS POSITAS RUBY BEAR LP
35 099 -0015-028-03 LAS POSITAS RD RUBY BEAR LP
36 099 -0015-030-00 1300 HILLIKER GREENE WILLIAM J & LIEN L 37 099 -0015-031-00 1250 HILLIKER RUSSELL JERRY L JR & ARENDELL LEILANI W TRS 38 099 -0015-035-02 Las Positas Rd Shaheen Sabeeha
39 099 -0015-036-00 Las Positas Rd Shaheen Sabeeha
40 099 -0015-039-00 1300 HILLIKER KAUR HARPREET & BHULLAR RAJINDER B 41 099 -0015-040-00 1302 HILLIKER MUMFORD STEVEN & SUSAN 42 099 -0015-059-03 LAS POSITAS RD COUNTY ALAMEDA FLOOD CONTROL & WATER CONSERVATION 43 099 -0015-063-00 2301 LAS POSITAS RD VIAZON LIVERMORE PROPERTIES LLC 44 099 -0015-064-00 LAS POSITAS RD VIAZON LIVERMORE PROPERTIES LLC 45 099 -0023-008-00 LASSEN RD LD FUND III LIVERMORE LAND LLC 46 099 -0024-001-05 Bluebell Dr LIVERMORE LT VENTURES I GROUP LLC 47 099 -0024-001-13 Bluebell Dr Livermore Valley Preserve LLC 48 099 -0024-009-15 Holmes St LIVERMORE VALLEY PRESERVE LLC 49 099 -0024-009-16 Hartford Ave HUFFMAN BROADWAY GROUP INC 50 099 -0024-009-30 Hartford Ave Huffman Broadway Group Inc 51 099 -0040-008-05 5281 SOUTHFRONT RD 300 VERNAL DR LLC 52 099 -0040-010-26 5179 PRESTON AVE P G & E CO 135-1-78A-1 53 099 -0040-016-00 N MINES RD W P CO
Livermore-Pleasanton Fire Department
2026 List of Parcels
EXHIBIT A
136
ITEM # Parcel Number Situs_Address Situs_Owner_Name
54 099 -0040-017-01 N MINES RD W P CO
55 099 -0040-017-04 N MINES RD W P CO 843-1-23A-15
56 099 -0040-018-00 N MINES RD S P CO 872-1-98H-POR 11
57 099 -0040-019-10 N MINES RD W P CO
58 099 -0040-022-00 N MINES RD W P CO
59 099 -0040-075-00 5605 SOUTHFRONT RD MCGRATH RENTCORP 60 099 -0040-076-00 5605 SOUTHFRONT RD LI MCGRATH RENTCORP 61 099 -0040-078-00 5605 SOUTHFRONT RD MCGRATH RENTCORP 62 099 -0040-079-00 5605 SOUTHFRONT RD MCGRATH RENTCORP 63 099 -0051-003-02 GARDELLA PLAZA SHR VENTURES LLC
64 099 -0051-020-05 1ST ST W P CO
65 099 -0051-020-06 1ST ST W P CO
66 099 -0056-007-02 1ST ST W P CO
67 099 -0075-002-14 2542 PORTOLA AVE ZHAN KAIJUN & CHEN XIAOQING TRS 68 099 -0075-002-15 HAREWOOD DR ZHAN KAIJUN & CHEN XIAOQING TRS 69 099 -0075-003-04 PORTOLA AVE ZHAN KAIJUN & CHEN XIAOQING TRS 70 099 -0075-003-06 PORTOLA AVE ZHAN KAIJUN & CHEN XIAOQING TRS 71 099 -0075-007-04 EDINBURGH DR EDINBURGH FORTUNES LLC 72 099 -0100-005-00 1240 N LIVERMORE AVE ART MONUMENT CO INC 73 099 -0100-018-30 1202 PORTOLA KENT E G & BEVERLY C TRS 74 099 -0100-020-00 N Livermore Ave STATE OF CALIFORNIA 75 099 -0100-030-02 1700 PASEO LAGUNA SECO AUTUMN SPRINGS RE INVESTORS LP 76 099 -0100-031-00 PORTOLA AVE (PASEO LAGUNA
SECO) ALAMEDA COUNTY FLOOD CONTROL
77 099 -0100-032-00 PORTOLA AVE MCRAE JOHN S
78 099 -0100-037-01 2169 LAS POSITAS CT READ LAURA TR
79 099 -0126-007-00 CALLE DEL SUENO DAVIDON HOMES
80 099 -0175-014-02 E STANLEY BLVD W P CO
81 099 -0175-019-01 E STANLEY BLVD W P CO
82 099 -0175-019-02 E STANLEY BLVD W P CO
83 099 -0185-003-00 E STANLEY BLVD W P CO
84 099 -0256-001-00 E STANLEY REES ANNIE
85 099 -0257-001-00 400 WALL ST LIVERMORE VALLEY JOINT UNIFIED SCHOOL DISTRICT 86 099 -0400-001-03 1919 LOMITAS AVE PATTON ROBERT A & LOUISE K TRS 87 099 -0400-007-28 LOMITAS AVE ROMAN CATHOLIC BISHOP OAKLAND 88 099 -0679-048-00 CHURCHILL DOWNS LN SHEN JIEYONG TR
89 099 -0680-002-00 ARROYO RD & HANSEN RD SISTA UDAYA K 90 099 -0680-004-00 ARROYO RD & HANSEN RD SHEN JIEYONG Tr 91 099 -0680-008-00 ROCKINGHAM CT SCARLET BEAR
92 099 -0682-006-00 ARROYO LEE SHIUH K & WEI SHUYIN J TRS 93 099 -0725-212-00 2301 BESS AVE ATWAL DEEPAKPAL & HARPARTAP 94 099 -0751-012-08 2111 Pleasant View Ln BURY DOUGLAS W & SHARI G TRS 95 099 -0801-005-00 2301 CONCANNON BLVD PANIGRAHI SUBHRAJYOTI 96 099 -0801-011-00 CONCANNON BLVD SHINDE MAKARAND S & SHINDE NITU M TRS 97 099 -0802-001-00 CONCANNON BLVD SHINDE MAKARAND S & NITU M TRS 98 099 -1150-004-06 4743 EAST AVE ASBURY METHODIST CHURCH 99 099 -1200-001-00 4592 Tesla RD LEMMONS FAMILY VINEYARDS LLC 100 099 -1311-003-00 2463 SHEFFIELD DR WILSON WILLIAM G & JOHN MIRIAM E TRS 101 099 -1311-035-07 2395 Lennox Ln CORNERSTONE REALTY FINANCE & INVESTMENTS CORP 102 099 -1316-033-00 212 RICKENBACKER CIR BPC ENTERPRISES LLC 103 099 -1317-050-00 SPRING VALLEY CMN SPRING VALLEY ASSOCIATION II 104 099 -1321-013-00 2863 CHABLIS WAY SPAETH MARY L TR
105 099 -1325-012-00 4715 BENNETT DR ARROYO/LIVERMORE BUSINESS PARK LP Livermore-Pleasanton Fire Department
2026 List of Parcels
EXHIBIT A
137
ITEM # Parcel Number Situs_Address Situs_Owner_Name
106 099 -1325-043-00 5002 PRESTON BAY AREA LLC
107 099 -1325-085-00 BENNETT DR ARROYO/LIVERMORE BUSINESS PARK LP 108 099 -1326-042-00 305 S VASCO RD D BRUZZONE LLC
109 099 -1328-154-00 SPRINGTOWN BLVD SPRING VALLEY ASSOCIATION III 110 099 -1331-012-00 200 E AIRWAY BLVD SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT 111 099 -1332-065-00 966 WAVERLY CMN VALHALLA HOMEOWNERS ASSOCIATION 112 099 -1336-097-05 LOCH LOMAND WAY PORTOLA GLEN TOWNHOMES OWNERS ASSOCIATION 113 099 -1336-109-00 HIGHLAND ST EDINBURGH FORTUNES LLC 114 099 -1343-011-00 E VALLECITOS RD LIVERMORE AREA RECREATION & PARKS DISTRICT 115 099 -1343-012-00 E VALLECITOS RD DHILLON FARMS LLC
116 099 -1343-019-00 763 Kalthoff Cmn LIN ALAN Z TR
117 099 -1343-024-00 51 Vallecitos Rd MUSCO FELIX P & JOSEPHINE 118 099 -1343-030-00 320 Kalthoff Cmn Livermore Crest LLC 119 099 -1343-033-00 353 Kalthoff Cmn La Phong & Sai Etal 120 099 -1343-034-04 301 Kalthoff Cmn VIPANI MANISH & DAKSHA M TRS 121 099 -1343-035-02 342 Kalthoff Cmn DANGTRAN JOSEPH V & PHUONGUYEN N TRS 122 099 -1349-023-00 CONTRACTORS PL TA DAH LLC
123 099 -1356-005-00 355 E Vineyard Ave ABBOUD FAYEZ E & RIMA F TRS 124 099 -1356-006-00 303 E VINEYARD AVE SINGH SURINDER K TR 125 099 -1356-007-00 221 E Vineyard Ave XU YINGMIN & CHEN JIE 126 099 -1361-006-00 567 E Vineyard Ave HLW LLC
127 099 -1362-004-00 HANSEN RD MALAKOFF NATHAN
128 099 -1365-008-00 Holmes St A3 WINERY REAL ESTATE HOLDING LLC 129 099 -1366-004-00 Cellars Drive LAGISS TERESA A & SAUER CHRYSANNE TRS 130 099 -1367-004-00 Lagiss Drive LAGISS TERESA A & SAUER CHRYSANNE TRS 131 099 -1367-005-00 Lagiss Drive LAGISS TERESA A & SAUER CHRYSANNE TRS 132 099 -1368-001-00 3401 HANSEN RD CALIFORNIA WATER SERVICE COMPANY 133 099 -1368-002-00 HANSEN RD MALAKOFF NATHAN G & JENNIFER M TRS 134 099 -1370-003-00 1670 PORTOLA AVE MANCINI KAROL & RANDY 135 099 -1391-002-00 n lIVERMORE aVE MPVCA LIVERMORE LLC 136 099 -1391-003-00 n lIVERMORE aVE JENSEN VIOLA & O B TRS & JENSEN O B TR 137 099A-1400-013-01 EAST AVE W P CO
138 099A-1475-008-02 GREENVILLE RD W P CO
139 099A-1475-008-08 EAST AVE W P CO
140 099A-1500-048-00 2171 RESEARCH DR DPR REAL ESTATE INVESTMENTS LLC 141 099A-1500-074-01 2176 RESEARCH DR LREH CALIFORNIA LLC 142 099A-2902-010-00 5054 ERICA WAY BENNETT LEON R
143 099A-2902-013-00 372 ERICA CT REPPAS JULIE V & STEVEN D 144 099A-2902-014-00 360 ERICA CT HOWARD NICHOLAS L & JUNKO TRS 145 099A-2926-003-00 S VASCO RD Jiang Licheng
146 099A-2936-007-00 2600 S Vasco Rd SCOTT MICHAEL TR
147 099A-2939-002-00 2453 COWAN WAY FRYDENDAL SUE TR
148 099B-5050-001-12 908 N VASCO RD UNG CISSY S
149 099B-5050-006-05 5905 NORTHFRONT RD WOOD FAMILY DEVELOPMENT LLC 150 099B-5075-006-10 VASCO RD COUNTY ALAMEDA FLOOD CONTROL & WATER CONSERVATION 151 099B-5100-005-00 1080 CENTRAL AVE 1080 CENTRAL LLC
152 099B-5300-002-13 Vasco Rd QUINT INVESTMENT ASSOCIATES & BABIN LINDA ETAL 153 099B-5300-010-00 Vasco Rd LIVERMORE LT VENTURES I GROUP LLC 154 099B-5302-001-00 Vasco Rd Livermore Homebuilders LP 155 099B-5302-002-00 Vasco Rd Livermore Area Recreation & Parks District 156 099B-5302-004-00 Vasco Rd Alameda County Flood Control & Water Conserv Dist 157 099B-5302-005-00 Vasco Rd Alameda County Flood Control & Water Conserv Dist 158 099B-5303-002-00 Altamont Creek Dr Alameda County Flood Control & Water Conserv Dist Livermore-Pleasanton Fire Department
2026 List of Parcels
EXHIBIT A
138
ITEM # Parcel Number Situs_Address Situs_Owner_Name
159 099B-5304-003-02 1893 N VASCO RD UNITARIAN UNIVERSALIST CHURCH LIVERMORE 160 099B-5351-018-11 VASCO RD ALAMEDA COUNTY FLOOD CONTROL 161 099B-5401-009-00 LAUGHLIN RD LAUGHLIN KATHRYN M TR & LAUGHLIN STEVE W TR 162 099B-5401-010-00 LAUGHLIN RD GARCIA TIMOTEO R & ELIZABETH N 163 099B-5401-011-00 788 LAUGHLIN RD LAUGHLIN KATHRYN M TR & LAUGHLIN STEVE W TR 164 099B-5401-012-00 6978 NORTHFRONT RD SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT 165 099B-5401-013-01 6884 NORTHFRONT RD SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT 166 099B-5401-013-03 NORTHFRONT RD SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT 167 099B-5401-016-01 NORTHFRONT RD SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT 168 099B-5401-017-00 6784 NORTHFRONT RD SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT 169 099B-5401-018-01 NORTHFRONT RD SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT 170 099B-5401-019-00 6690 NORTHFRONT RD SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT 171 099B-5404-001-00 ALTAMONT CREEK Greystone Homes Inc 172 099B-5404-003-00 6800 Altamont Creek Dr Alameda County Flood Control 173 099B-5425-003-00 HERMAN AVE SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT 174 099B-5425-004-00 801 HERMAN AVE SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT 175 099B-5425-005-00 NORTHFRONT RD SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT 176 099B-5425-006-00 6634 NORTHFRONT RD SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT 177 099B-5425-007-00 NORTHFRONT RD SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT 178 099B-5450-002-00 LAUGHLIN RD EAST BAY REGIONAL PARK DISTRICT 179 099B-5450-003-00 1467 LAUGHLIN RD EAST BAY REGIONAL PARK DISTRICT 180 099B-5450-010-03 LAUGHLIN RD QUINT INVESTMENT ASSOCIATES & BABIN LINDA ETAL 181 099B-5500-002-07 7313 Northfront RD Greenvill Star Center LLC 182 099B-5700-002-07 151 GREENVILLE JDB PROPERTIES LLC
183 099B-5700-003-01 N GREENVILLE RD S P CO 872-1-99L-42 184 099B-5752-010-00 LONGFELLOW CT D J SMITH FAMILY PARTNERSHIP 185 099B-5752-024-00 6877 Brisa St BOARD OF TRUSTEE OF Lsj UNIVERSITY TR 186 099B-5753-003-00 HAWTHORNE AVE 7770 HAWTHORNE LLC
187 099B-5753-007-00 7589 NATIONAL DR EVANS DAN L & KATHLEEN M TRS 188 099B-5753-038-00 751-799 ENTERPRISE CT EVANS DAN L & KATHLEEN M TRS 189 099B-5753-039-00 750-758 ENTERPRISE CT Enterprise Court LLC 190 099B-5753-040-00 704-748 ENTERPRISE CT ENTERPRISE COURT LLC 191 099B-5753-045-00 NATIONAL DR DGSG PROPERTIES LLC
192 099B-5753-063-00 7925 NATIONAL DR TOPCON POSITIONING SYSTEMS INC 193 099B-5753-064-00 7979 NATIONAL DR TOPCON POSITIONING SYSTEMS INC 194 099B-5753-065-00 7933 NATIONAL DR TOPCON POSITiONING SYSTEMS INC 195 099B-5875-029-00 SOUTHFRONT RD P G & E CO 135-1-43A-1 196 099B-5900-002-09 5945 SOUTHFRONT RD SINGH JADWINDER & DHALIWAL ALKESH K TRS ETAL 197 099B-8101-009-00 Pasatiempo ST Alameda County Flood Control 198 099B-8103-013-03 LAS POSITAS RD KAISER FOUNDATION HOSPITALS 199 099B-8103-014-02 LAS POSITAS RD KAISER FOUNDATION HOSPITALS 200 099B-8103-025-00 LEISURE ST WHITECASTLE LEASING LLC 201 099B-8103-035-00 VAUGHN AVE TAMAR REALTY LAS POSITAS LOGISTICS CENTER CA LP 202 099B-8104-007-00 COMMERCE WAY WROAN DAVID S & JENNIFER B TRS 203 099B-8104-008-00 COMMERCE WAY WROAN DAVID S & JENNIFER B TRS 204 099B-8104-009-00 COMMERCE WAY WROAN DAVID S & JENNIFER B TRS 205 099B-8104-010-00 COMMERCE WAY WROAN DAVID S & JENNIFER B TRS 206 099B-8104-011-00 COMMERCE WAY WROAN DAVID S & JENNIFER B TRS 207 099B-8110-046-00 SOUTHFRONT RD SOCH LIVERMORE LLC
208 099B-8110-062-00 LAWRENCE DR FORMFACTOR INC
209 099B-8110-064-00 LAWRENCE DR FORMFACTOR INC
210 099B-8110-079-00 N GREENVILLE RD IONNA LLC
211 099B-8110-081-00 200 S FRONT RD PPV PROPERTIES LLC & Livermore-Pleasanton Fire Department
2026 List of Parcels
EXHIBIT A
139
ITEM # Parcel Number Situs_Address Situs_Owner_Name
212 099B-8117-024-03 LAUGHLIN RD HOM WING Y & LAI C TRS 213 099B-8120-053-00 DRY CREEK CT BLUFFS IN LIVERMORE OWNERS ASSOCIATION 214 099B-8120-054-00 LAKE CT BLUFFS IN LIVERMORE OWNERS ASSOCIATION 215 099B-8126-006-00 631 PINNACLE HOLLAND NINE LLC
216 099B-8129-005-00 Northfront Rd PENINSULA REAL ESTATE INVESTMENT LLC 217 099B-8129-009-00 Northfront Rd PENINSULA REAL ESTATE INVESTMENT LLC 218 902 -0008-001-00 3658 LAS COLINAS RD ADVENTUS
219 902 -0008-002-02 US HWY 50 E FERRARI FAM LTD PTP & SCHMIDIG FRANK JR TR ETAL 220 902 -0008-011-06 US HWY 50 E BENSON BRAD
221 903 -0010-002-04 COLLIER CANYON RD CHABOT LAS POSITAS COMMUNITY COLLEGE DISTRICT 222 903 -0010-036-03 Portola Ave SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT 223 903 -0010-037-04 Portola Ave SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT 224 903 -0010-046-00 PORTOLA AVE ISABEL PORTOLA OWNER LLC 225 903 -0010-047-00 PORTOLA AVE ISABEL PORTOLA OWNER LLC 226 903 -0010-048-00 PORTOLA AVE ISABEL PORTOLA OWNER LLC 227 903 -0010-049-00 PORTOLA AVE ISABEL PORTOLA OWNER LLC 228 903 -0010-052-00 PORTOLA AVE ISABEL PORTOLA OWNER LLC 229 903 -0010-053-00 PORTOLA AVE ISABEL PORTOLA OWNER LLC 230 903 -0010-054-00 PORTOLA AVE ISABEL PORTOLA OWNER LLC 231 903 -0010-056-00 PORTOLA AVE SHEA CENTER LIVERMORE LLC 232 903 -0010-057-00 PORTOLA AVE SHEA CENTER LIVERMORE LLC 233 903 -0010-058-00 PORTOLA AVE SHEA CENTER LIVERMORE LLC 234 903 -0010-061-00 PORTOLA AVE SHEA CENTER LIVERMORE LLC 235 903 -0014-004-00 PORTOLA AVE SHEA HOMES INC
236 903 -0014-005-00 PORTOLA AVE SHEA HOMES INC
237 903 -0014-006-00 PORTOLA AVE SHEA HOMES INC
238 903 -0014-007-00 PORTOLA AVE SHEA HOMES INC
239 903 -0014-008-00 PORTOLA AVE SHEA HOMES INC
240 904 -0004-004-02 US HWY 50 W SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT 241 904 -0004-004-03 US HWY 50 W SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT 242 904 -0004-064-00 NISSEN DR LIVERMORE AIRWAY BUSINESS PARK 243 904 -0004-072-00 ARMSTRONG ST LIVERMORE AIRWAY BUSINESS PARK 244 904 -0004-073-00 ARMSTRONG ST LIVERMORE AIRWAY BUSINESS PARK 245 904 -0005-003-30 200 E AIRWAY BLVD COUNTYALAMEDA FLOOD CONTROL & WATER CONSERVATION 246 904 -0005-003-33 200 E AIRWAY BLVD SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT 247 904 -0005-004-07 US HWY 50 E GANDOLFO CATHERINE ETAL 248 904 -0012-009-00 625 W JACK LONDON BLVD-
DISCOVERY DR ARKAY LAND LLC
249 904 -0012-010-00 450 DISCOVERY DR ARKAY PROPERTIES LLC 250 904 -0012-011-00 DISCOVERY DR ARKAY PROPERTIES LLC
251 904 -0012-012-00 DISCOVERY DR CH DISCOVERY DRIVE LLC 252 904 -0012-013-00 DISCOVERY DR CH DISCOVERY DRIVE LLC 253 904 -0012-018-03 875 Atlantis Ct LIVERMORE AMADOR VALLEY TRANSIT AUTHORITY 254 904 -0014-002-00 US HWY 50 W CROSSWINDS CHURCH
255 904 -0014-003-00 US HWY 50 W CROSSWINDS CHURCH
256 904 -0014-004-00 US HWY 50 W CROSSWINDS CHURCH
257 905 -0009-013-03 COLLIER CANYON MONUMENT PROPERTIES LIVERMORE LLC 258 905 -0014-015-00 N CANYONS PKWY LIVERMORE VALLEY JOINT UNIFIED SCHOOL DISTRICT 259 905 -0015-008-00 2768 COLLIER CANYON RD TPG AG EHC III (TRU) CA 2 L P 260 905 -0015-018-00 CONSTITUTION DR KMTJ INVESTMENTS LP 261 905 -0015-019-00 CONSTITUTION DR KMTJ INVESTMENTS LP 262 905 -0015-026-00 2620 COLLIER CANYON RD CORNERSTONE FELLOWSHIP OF LIVERMORE CALIFORNIA 263 905 -0015-027-00 2620 COLLIER CANYON RD CORNERSTONE FELLOWSHIP OF LIVERMORE CALIFORNIA Livermore-Pleasanton Fire Department
2026 List of Parcels
EXHIBIT A
140
ITEM # Parcel Number Situs_Address Situs_Owner_Name
264 905 -0015-028-00 2620 COLLIER CANYON RD CORNERSTONE FELLOWSHIP OF LIVERMORE CALIFORNIA 265 905 -0015-029-00 2620 COLLIER CANYON RD CORNERSTONE FELLOWSHIP OF LIVERMORE CALIFORNIA 266 905 -0019-018-00 TRIAD DR CIVIC NORTH CANYONS PARKWAY LLC Livermore-Pleasanton Fire Department
2026 List of Parcels
EXHIBIT A
141
CITY COUNCIL STAFF REPORT
ITEM NO. 7.2
DATE:
April 27, 2026
TO:
Honorable Mayor and City Council
FROM:
Tina Olson, Administrative Services Director
SUBJECT:
Public Hearing to receive information regarding the City’s job vacancies, recruitment, and retention efforts in accordance with Assembly Bill 2561, as required by Government Code section 3502.3.
RECOMMENDED ACTION
Staff recommends that the City Council receive the presentation only for information purposes during the public hearing at which staff will report on the City's job vacancies, recruitment, and retention efforts as required by AB 2561.
DECISION TYPE
Administrative
SUMMARY
California State Assembly Bill 2561 was approved on September 22, 2024. Effective January 1, 2025, AB 2561 added Government Code §3502.3 to the Meyers Milias Brown Act (MMBA) to create a new obligation for public agencies to address the status of job vacancies publicly. As a basis for the new requirements, the California Legislature determined that vacancies are a widespread and significant problem in the public sector, which negatively impacts the delivery of public service.
In compliance with the new obligations under AB 2561, the City is required to do the following:
1. Hold a public hearing to present the status of vacancies to the City Council at least once per fiscal year. The presentation must be made prior to the adoption of a final budget for the fiscal year. The report must also address the recruitment and retention efforts currently employed by the City, and identify any changes to policies, procedures, or recruitment activities that may lead to obstacles in the hiring process.
2. If the vacancy rate in a bargaining unit is 20% or more, the City shall include the following information in the presentation upon request of the recognized employee organization:
a. The total number of job vacancies with the bargaining unit; 142
b. The total number of applicants for vacant positions in the bargaining unit; c. The average number of days to complete the hiring process from when a position is posted; and d. Opportunities to improve compensation and other working conditions.
3. Allow recognized employee organizations to make a presentation at the same public hearing at which the City makes its annual presentation on vacancies.
DISCUSSION
The City is providing the following information pursuant to requirements of AB 2561.
In 2025, there were 452 authorized regular full and part time positions equaling 445.375 full-time equivalents (FTE) in the City. Please see the breakdown by bargaining unit below.
Table 1:
Count of Regular and Part-Time Positions by Bargaining Unit as of December 31, 2025
Bargaining Unit
Position Count
Association of Livermore Employees (ALE)
245
Livermore Management Group (LMG)
77 Police Officer's Association (POA)
90 Police Management Group
9 As of December 31, 2025, there were
34 unrepresented regular and part-time positions in Management Confidential, Confidential, and Executive Management categories.
Status of Vacancies
Vacancies are created by a number of factors, including when newly budgeted positions are created, internal movement such as promotions or transfers occurs, or when an employee leaves the organization due to retirement, voluntary, or involuntary resignation. As of December 31, 2025, the vacancy rate for the City of Livermore was 12%. Please see vacancy rates specific to bargaining units below.
Table 2:
Vacancy Rate by Bargaining Unit as of December 31, 2025
Bargaining Unit
Vacancy Rate as of December 31, 2025
Association of Livermore Employees (ALE)
15%
Livermore Management Group (LMG)
8%
Police Officer's Association (POA)
12%
Police Management Group
0%
The vacancy rate for the unrepresented positions in Management Confidential, Confidential, and Executive Management as of December 31, 2025, was 3%. Since no bargaining unit's vacancy rate exceeded 20%, no additional information is required to be provided in this report.
To assist with recruitment and retention efforts, the City has undertaken the following initiatives:
143
Streamlined Hiring Processes
: Improved recruitment timelines to reduce delays and enhance the candidate’s experience.
Competitive Compensation
: Conducted a compensation study and made targeted adjustments to classifications experiencing recruitment and retention challenges to ensure competitiveness.
Negotiated a successor Memorandum of Understanding (MOU) with all of the City's bargaining units in 2025 for four-year terms to provide labor stability and wage increases for employees to remain competitive in the market.
Formal Onboarding Program
: In July 2025 the City launched a formal onboarding program for new employees to help integrate them more effectively, understand organizational culture and expectations, and accelerate their engagement and productivity.
Employee Development Opportunities
:
In 2024, Human Resources established the Management
Training Academy to advance leadership capabilities and strengthen management competencies among supervisory staff. In 2025, training opportunities were expanded to all City employees, fostering a culture of continuous learning and professional growth across the organization. In 2026, an additional program was introduced to further enhance core professional skills critical to effective service delivery, including project management, negotiation, presentation skills, and business writing.
Flexible Work Options
: Flexible scheduling and remote work arrangements where appropriate.
The City's proactive approach to recruitment and retention demonstrates a strong commitment to building and sustaining a high-performance workforce. These ongoing efforts lay a strong foundation for organizational stability, growth, and long term success.
FISCAL AND ADMINISTRATIVE IMPACTS
There is no fiscal impact associated with this staff report.
COMMUNITY PILLAR
5. A City That Works
GOAL
8. Attract, develop, engage, and retain a diverse and highly skilled workforce across the organization.
ATTACHMENTS
Prepared by: Kristen Hilton
Human Resource Manager
144
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
145
CITY COUNCIL STAFF REPORT
ITEM NO. 8.1
DATE:
April 27, 2026
TO:
Honorable Mayor and City Council
FROM:
Brandon Cardwell, Innovation and Economic Development Director SUBJECT:
Public comment on the renewal of the Livermore Valley Wine Heritage District.
RECOMMENDED ACTION
Staff recommends that the City Council receive public comment regarding the proposed renewal of the Livermore Valley Wine Heritage District. No City Council action is required.
DECISION TYPE
Administrative
SUMMARY
On March 9, 2026, the City Council adopted a Resolution of Intent to renew the Livermore Valley Wine Heritage District (District) for an additional five-year term. In accordance with the Property and Business Improvement Law of 1994, the City must hold a noticed public meeting to receive public comment and any protests regarding the renewal. If a majority protest from assessed businesses is received, the District will not be renewed. The City Council is scheduled to consider final renewal of the District at a public hearing on June 8, 2026.
DISCUSSION
A Business Improvement District (BID) is a funding mechanism in which businesses within a defined area vote to assess themselves in order to fund services that benefit the district. On November 22, 2021, the City established the Livermore Valley Wine Heritage District (District), a BID for South Livermore Valley wineries, with a five-year term ending June 30, 2026. The Livermore Valley Winegrowers have requested District renewal and completed a successful petition drive among businesses within the District boundaries. State law requires three steps to renew a BID:
1 .
Adoption of a Resolution of Intent
2 .
A public meeting
3 .
A final public hearing
146
The City Council adopted the Resolution of Intent on March 9, 2026, initiating the renewal process and setting the required meeting and hearing dates.
As required by the Property and Business Improvement Law of 1994, the City must:
1 .
Hold a public meeting at least 10 days after adopting the Resolution of Intent and at least 7 days before the final hearing
2 .
Provide notice to all businesses within the District
3 .
Receive public comment and any protests
The purpose of the public meeting is to allow assessed businesses to provide input or formally protest the renewal. If a majority protest is received, the District cannot be renewed. The scheduled public meeting meets all legal timing requirements, and notice has been mailed to all affected businesses.
Staff therefore recommends that the City Council receive public comment on the proposed renewal. No further action is required at this stage. The City Council will consider final renewal at the June 8, 2026, public hearing and may adopt a resolution to renew the District if no majority protest is received.
PUBLIC COMMENT
As of April 20, 2026, staff received one valid protest from a winery owner in the District, and one public comment from the same winery's marketing director and tasting room manager. The protest and the public comment are both attached to this staff report.
FISCAL AND ADMINISTRATIVE IMPACTS
There are no fiscal or administrative impacts associated with holding the public meeting. Staff time for preparing the report and notices is covered within existing General Fund budgets. There are also no fiscal or administrative impacts associated with the final renewal of the District, as described in Attachment 1.
COMMUNITY PILLAR
2: Economy that prospers
GOAL
2: Lead efforts in collaboration with other City departments and outside partners, to maintain and enhance the diversity and resilience of Livermore's economy.
ATTACHMENTS
1. Intent to Renew Staff Report
2. Resolution of Intent to Renew
3. Written Protest
4. Public Comment
147
Prepared by: Theresa de la Vega
Management Analyst II
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
148
CITY COUNCIL STAFF REPORT ITEM NO. 6.7
DATE: March 9, 2026
TO: Honorable Mayor and City Council
FROM: Brandon Cardwell, Innovation and Economic Development Director SUBJECT: Resolution of Intent to Renew the Livermore Valley Wine Heritage District R
ECOMMENDED ACTION
S
taff recommends the City Council adopt a Resolution of Intent to Renew the Livermore Valley Wine Heritage District (District) for a five-year term beginning July 1, 2026. Adoption of this resolution would:
1. Initiate the renewal process for the District under the Property and Business Improvement District Law of 1994 (Streets and Highways Code §36600 et seq.); and
2. Set the date, time, and location for the subsequent public meeting and public hearing as required by the Property and Business Improvement District Law of 1994 (Streets and Highways Code §36600 et seq.)
DECISION TYPE
Legislative
SUMMARY
The California Property and Business Improvement District Law of 1994 (Streets and Highways Code §36600 et seq.) authorizes cities to establish and renew business improvement districts to enhance economic activity. The City of Livermore (City) established the Livermore Valley Wine Heritage District (District) in 2021 for a five-year term ending June 30, 2026.
Managed by the Livermore Valley Winegrowers Association (Winegrowers), the District generally funds marketing and brand awareness, advocacy, quality enhancement, and professional development and education efforts for South Livermore wineries.
The Winegrowers have requested renewal of the District for an additional five-year term beginning July 1, 2026. As required by state law, renewal petitions of wineries in the District representing more than fifty percent (50%) of the proposed total assessment value have been received and verified, allowing the Council to begin the renewal process, if desired. The proposed Management District Plan maintains the current boundaries, assessment, services, governance, and term, with a proposed minor adjustment to ATTACHMENT 1
149
the fee collected by the City for fiscal impacts associated with administering the District (City Collection Fee).
District renewal is not proposed as part of this Council item. Council adoption of the Resolution of Intent to Renew (Attachment 3) would instead initiate the renewal process and set dates for renewal proceedings as outlined in this report.
DISCUSSION
Background
A Business Improvement District (BID) is a financing mechanism in which local businesses within a defined district vote to enact a mandatory assessment to fund supplemental services that benefit the payers of the assessment. Services often include activities like marketing, security, maintenance, and general economic development. The California Property and Business Improvement Law of 1994, Streets and Highways Code § 36600 et seq., establishes California rules for BIDs and authorizes local jurisdictions to establish, manage, and renew BIDs. A local jurisdiction may contract assessment collection and district management services to other entities via agreement. A BID may only be formed or renewed if district businesses representing more than 50% of the district's proposed assessment consent through a formal and verified Petition Drive. A BID may cross local jurisdiction boundaries with consent of each jurisdiction's legislative body. A BID's boundaries and services must be identified in a formally adopted Management District Plan (Plan) that must be adhered to for the duration of its term.
On November 22, 2021, the City of Livermore (City) established a BID for South Livermore Valley wineries, called the Livermore Valley Wine Heritage District (District), for a five-year term ending on June 30, 2026, via Resolution No. 2021-198 (Attachment 1). Prior to the City establishing the District, Alameda County provided its consent for the City to assess wineries within the County's jurisdiction, as required by state law (Attachment 2). The District provides specific benefits to assessed wineries by funding marketing and sales promotion efforts with the goal of increasing winery sales in the area. The non-profit Livermore Valley Winegrowers Association (Winegrowers) manages the District.
Since its inception, the District has generated over $500,000 each year to support marketing and brand awareness, advocacy, quality enhancement, professional development and education efforts, and other improvements and activities set forth in the District's Management District Plan (Attachment 5).
Petition Drive
On November 12, 2025, the Winegrowers submitted to the City Council its required annual report, a formal request to renew the District, and initiated the formal Petition Drive process with South Livermore wineries in the District boundaries. Staff received from the Winegrowers 21 signed petitions from wineries supporting District renewal. The petitions represent more than 50% of the proposed total assessment value, meeting statutory requirements for renewal under state law, as independently confirmed by tax consultant Hinderliter de Llamas & Associates, Inc. (HdL) analysis (Attachment 4), which allows the Council to initiate the renewal process.
Management District Plan
The Winegrowers and South Livermore wineries are proposing a continuation of the existing ATTACHMENT 1
150
Management District Plan, with minor administrative adjustments (Attachment 5). There are no proposed changes to any of the following:
1. District Boundary. The boundary would remain as is, including all existing and future wineries in the City of Livermore and east Alameda County. The Alameda County Resolution Granting Consent (Attachment 2) applies to formation and renewals, and no further consent is required from Alameda County.
2. Assessment
. All wineries in the District would continue to be assessed two percent (2%) of total gross direct-to-consumer sales revenue on winery sales, which has created a District annual budget of $500,000+.
3. Service Plan
. The existing services would continue, which primarily include marketing and brand awareness, advocacy, quality enhancement, and professional development and education efforts.
4. Means of Governance. The Winegrowers would continue to manage the District and receive and expend assessment dollars in accordance with the Plan. The Council would consider a separate agreement with the Winegrowers together with a future adoption resolution in order to formalize the relationship between the City and Winegrowers. Tax consultant HdL would continue to process and manage assessment activities, with City oversight, as also approved by a separate agreement.
5. Term
. The proposed renewal term remains at five years, beginning July 1, 2026, and ending June 30, 2031.
Staff recommends the following change to the Plan, as agreed to by the Winegrowers:
1. City Collection Fee. The current City Collection Fee is 2% of the collected assessment. The Collection Fee is intended to ensure that all District admin costs are covered by the District, and not by the City General Fund. Given tax consultant HdL's increased collection costs, staff recommends the City Collection Fee be increased to 2.5%. This would ensure tax consultant and City oversight costs would remain covered by the District. The increase in collection fees would be offset by a reduction in District contingency funds, but would not decrease the amount of funds allocated to District services.
Renewal Process and Timeline
Pursuant to state law, staff is not recommending District renewal as part of this Council item. Instead, Council adoption of the Resolution of Intent to Renew (Attachment 3) the District would initiate the formal renewal process and establish dates for the required subsequent public meeting and public hearing. The proposed time and place of the public meeting and public hearing are contained in the Notice (Attachment 6) and described below. If the Council adopts the Resolution of Intent to Renew, the following process would occur, pursuant to the California Property and Business Improvement District Law of 1994 (Streets and Highways Code §36600 et seq.), with Council consideration of formal District renewal in June.
1. Resolution of Intent to Renew - March 9, 2026
. City Council may declare the Petition Drive has
succeeded, and that it intends to renew the District
2. Notice - March 10, 2026. City staff would mail written notices to the owners of all District wineries to be assessed. This begins a mandatory 45-day period in which assessed wineries may protest District renewal.
3. Public Meeting - April 27, 2026
. City Council would allow public testimony on District renewal and ATTACHMENT 1
151
levy of assessments. No Council action required.
4. Final Public Hearing - June 8, 2026. Council may adopt the final Resolution of Renewal if majority protest does not occur.
FISCAL AND ADMINISTRATIVE IMPACTS
There are no significant fiscal or administrative impacts. District revenues are wholly derived from private business assessments. District administration activities conducted by City staff and its contractor Hinderliter de Llamas & Associates, Inc. (HdL) would be offset by the City collection fee of two and a half percent (2.5%) of the collected assessment. Pursuant to the Plan, the City would bill the Winegrowers for any additional one-time costs that are not included in the scope of City Collection Services, such as Petition processing and verification and outside legal counsel renewal services. No General or Special Fund dollars would be used for ongoing District management. General staff time allocated to preparing the renewal staff reports and approval documents are covered by existing Department budgets. Because District programs are intended to increase winery sales revenue for the Livermore Valley wineries within the District, stabilization of winery sales tax collections is anticipated.
COMMUNITY PILLAR
2: Economy that Prospers
GOAL
2: Lead efforts, in collaboration with other City departments and outside partners, to maintain and enhance the diversity and resilience of Livermore's economy
ATTACHMENTS
1. Resolution Establishing the District
2. Alameda County Resolution of Consent
3. Resolution of Intent to Renew
4. Exhibit A - Petition Analysis and Signed Petitions
5. Exhibit B - Management District Plan (Plan)
6. Exhibit C - Notice
P
repared by: Theresa de la Vega
Management Analyst II
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
ATTACHMENT 1
152
1 RESOLUTION NO. 2026- 029
IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA
A RESOLUTION OF INTENT TO RENEW THE LIVERMORE VALLEY WINE
HERITAGE DISTRICT FOR A FIVE- YEAR TERM
The Property and Business Improvement District Law of 1994, Streets and Highways Code § 36600 et seq., authorizes the City to establish and renew business improvement districts for the purposes of improving economic activity within a particular geographic area.
On November 22, 2021, the City of Livermore ( City) created the Livermore Valley Wine Heritage District ( District) via Resolution No. 2021- 198 for a five ( 5) year term which ends on June 30, 2026.
The Livermore Valley Winegrowers Association ( Winegrowers) and representatives from the City of Livermore have met to consider the renewal of the District. The proposed renewed district will be for a five ( 5) year term, beginning July 1, 2026, or as soon as possible thereafter, and ending five ( 5) years from its start date, unless renewed pursuant to Streets and Highways Code § 36660 .
The Winegrowers have drafted the proposed Management District Plan ( Plan) which sets forth the proposed boundary of the renewed District, a service plan, budget, and a proposed means of governance.
The boundary of the renewed District is the same as the current boundary and includes wineries in the City of Livermore and the County of Alameda.
Consent to include wineries in its jurisdiction in future renewals has been granted by the County of Alameda during the District formation via Board of Supervisors, County of Alameda, State of California, Resolution 2021-498.
Wineries who will pay more than fifty percent ( 50%) of the assessment under the District, as required by Property and Business Improvement District Law of 1994, have petitioned the Council to renew the District.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore, as follows:
Section 1. The recitals set forth herein are true and correct.
Section 2. The Council finds that wineries that will pay more than fifty percent 50%) of the assessment proposed in the Plan have signed and submitted petitions in support of the renewal of the District. The Petition Analysis and Signed Petitions, attached hereto as Exhibit A, demonstrate sufficient and valid support for renewal of the District, as required by the Property and Business Improvement District Law of 1994. The Council Docusign Envelope ID: 9FB95747- D40F- 4928- B79C- A804483CD835 ATTACHMENT 2
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2 RESOLUTION NO. 2026- 029
accepts the petitions and adopts this Resolution of Intention to renew the District and to levy an assessment on certain wineries within the District boundaries, in accordance with the Property and Business Improvement District Law of 1994.
Section 3. The Council finds that the Plan, attached hereto as Exhibit B, satisfies all requirements of Streets and Highways Code § 36622.
Section 4. The Council declares its intention to renew the District and to levy and collect assessments from each winery located within the District boundaries pursuant to the Property and Business Improvement District Law of 1994.
Section 5. The District shall include all wineries, existing and in the future, located within the boundaries of the County of Alameda and the City of Livermore, as shown in the map in Section III of the Plan, attached hereto as Exhibit B.
Section 6. The name of the district shall continue to be the Livermore Valley Wine Heritage District.
Section 7. The annual assessment rate levied on winery businesses is two percent 2%) of gross direct- to-consumer sales revenue on winery sales. Based on the benefit received, assessments will not be collected on purchases made outside of the state of California. Revenue generated from the District is intended only to provide programs and services for assessed businesses, all of which are in California. Sales made outside of the state of California are not subject to assessment due to a lack of benefit. Assessment dollars will not be spent on any programs or activities to benefit individual winery businesses outside of the state of California. Assessment dollars may be spent outside of California to elevate the notoriety of the Livermore Valley as a premier winery destination with the desired outcome of increased in-person visitation to businesses paying the assessment.
Section 8. The assessments levied for the District shall be applied toward Brand Awareness, Advocacy, Quality Enhancement & Education, and Professional Development & Education programs to market assessed wineries in Livermore Valley as a premier winery destination, as described in the Plan. Funds remaining at the end of any year may be used in subsequent years in which District assessments are levied as long as they are used consistent with the requirements of this Resolution and the Plan.
Section 9. The renewed District will have a five ( 5) year term, beginning July 1, 2026, or as soon as possible thereafter, and ending five ( 5) years from its start date, unless renewed pursuant to Streets and Highways Code § 36660.
Section 10. Bonds shall not be issued.
Section 11. The time and place for the public meeting to hear testimony on renewing the District and levying assessments are set for April 27, 2026, at 7:00 PM, or Docusign Envelope ID: 9FB95747- D40F- 4928- B79C- A804483CD835 ATTACHMENT 2
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3 RESOLUTION NO. 2026- 029
as soon thereafter as the matter may be heard, at the Council Chambers located at 1016 S. Livermore Avenue, Livermore, CA 94550.
Section 12. The time and place for the public hearing to renew the District and the levy of assessments are set for June 8, 2026, at 7:00 PM, or as soon thereafter as the matter may be heard, at the Council Chambers located at 1016 S. Livermore Avenue, Livermore, CA 94550. The City Clerk is directed to provide written notice to the assessed wineries of the date and time of the meeting and hearing, and to provide that notice as required by Streets and Highways Code § 36623, no later than March 10, 2026. The Notice of Public Meeting and Public Hearing Concerning the Renewal of the District and Levy of an Assessment on Certain Wineries within the District is attached hereto as Exhibit C.
Section 13. At the public meeting and hearing the testimony of all interested persons for or against the renewal of the District may be received. If at the conclusion of the public hearing, there are of record, written protests by the owners of the assessed wineries within the renewed District that will pay fifty percent ( 50%) or more of the estimated total assessment of the entire District, no further proceedings to renew the District shall occur for a period of one ( 1) year.
Section 14. The complete Plan is on file with the City Clerk and may be reviewed upon request.
Section 15. This resolution shall take effect immediately upon its adoption by the City Council.
On motion of Council Member Branning, seconded by Council Member Dunbar, the foregoing resolution was passed and adopted on March 9, 2026, by the following vote:
AYES: Council Members Barrientos, Branning, Dunbar, Vice Mayor Wang, and Mayor Marchand
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED AS TO FORM:
Amy Heavener Daniel Gonzales
City Clerk Deputy City Attorney
Attachments:
Exhibit A - Petition Analysis and Signed Petitions
Exhibit B - Management District Plan (Plan)
Exhibit C - Notice
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ATTACHMENT 2
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CITY OF LIVERMORE
LIVERMORE WINE HERITAGE DISTRICT PETITION ANALYSIS
FEBRUARY 12, 2026
SUMMARY
A total of 21 petitions were submitted in support of renewing the Livermore Wine Heritage District ( BID). Of these, 19 were reliably matched to winery assessment records. Because sales tax was used to establish the district, will be used again for renewal, and closely represents the total gross sales used to determine each winery’ s assessment, petition support was evaluated based on each winery’ s share of total sales tax. The 19 matched petitioners represent 88. 54% of all winery sales tax revenue for FY 2024– 25, demonstrating strong weighted support for renewal.
METHODOLOGY
To verify support for the renewal effort, we followed a three- step process:
1) Creating the Assessment Reference List
We compiled a comprehensive list of wineries operating within the LVWHD boundaries and the total sales tax each reported for FY 2024– 25. This dataset is referred to as the “ Assessment Reference List.” 2) Matching Petitions to the Assessment Reference List
Each petition was evaluated against the assessment reference list using the following criteria:
Full Match:
If both the business name and address on the petition aligned exactly with an entry in the assessment reference list, the petition was counted as a full match.
Close Match:
If the business name matched but the address did not appear in the assessment reference list, the petition was treated as a close match and included in the results.
3) Calculating Support
For all petitions that qualified as either full or close matches, we totaled the corresponding sales tax amounts reported for FY 2024– 25.
19 of 21 petitions met the matching criteria, and their combined sales tax total represents 88.54% of all winery sales tax included in the assessment reference list.
CONCLUSION
Based on the percentage of sales tax represented by the matched petitions, the Livermore Wine Heritage District has satisfactorily exceeded the minimum threshold of the required 50% + 1 threshold of proposed assessments as required by the Property and Business Improvement District Law of 1994, Streets and Highways Code section 36600 et seq. needed to renew the district. The matched petitions therefore demonstrate sufficient and valid support for renewal.
EXHIBIT A
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Assessment Reference List
DBA Street Address City, State, Zip Match Type
3 STEVE' S WINERY 5700 GREENVILLE RD
LIVERMORE, CA 94550-
6704
Full Match
ALMOST FAMOUS WINE COMPANY 2271 S VASCO RD STE D
LIVERMORE, CA 94550-
8316
Full Match
ARROYO CELLARS 2270 RESEARCH DR
LIVERMORE, CA 94550-
3846
Full Match
BENT CREEK WINERY 5455 GREENVILLE RD
LIVERMORE, CA 94550-
6702
No Petition
BOAVENTURA DE CAIRES WINERY 9309 TESLA RD
LIVERMORE, CA 94550-
9748
No Petition
CADDIS 7878 CEDAR MOUNTAIN RD
LIVERMORE, CA 94550-
7333
No Petition
CHARLES R VINEYARDS 8195 CRANE RIDGE RD LIVERMORE, CA 94550 No Petition CONCANNON VINEYARDS 4590 TESLA RD
LIVERMORE, CA 94550-
9002
Full Match
CUDA RIDGE WINES LLC 2400 ARROYO RD
LIVERMORE, CA 94550-
9201
Full Match
DANTE ROBERE VINEYARDS 1200 WETMORE RD
LIVERMORE, CA 94550-
9640
No Petition
DEL VALLE WINERY 4948 TESLA RD
LIVERMORE, CA 94550-
9530
Full Match
FAVALORA VINEYARDS & WINERY,
INC
2245 S VASCO RD STE A
LIVERMORE, CA 94550-
8314
No Petition
FENESTRA WINERY 83 VALLECITOS RD
LIVERMORE, CA 94550-
9603
Close Match
GARRE VINEYARD & WINERY 7986 TESLA RD
LIVERMORE, CA 94550-
9353
Full Match
MITCHELL KATZ 2915 S VASCO RD
LIVERMORE, CA 94550-
9352
Full Match
LAS POSITAS VINEYARDS 1828 WETMORE RD
LIVERMORE, CA 94550-
9705
Full Match
LEISURE STREET WINERY 8953 TESLA RD
LIVERMORE, CA 94550-
9735
No Petition
LONGEVITY WINES 2271 S VASCO RD STE B
LIVERMORE, CA 94550-
8315
No Petition
MADISON VINEYARDS INC. 3150 REED AVE
LIVERMORE, CA 94550-
9616
No Petition
MCGRAIL VINEYARDS AND WINERY 5600 GREENVILLE RD
LIVERMORE, CA 94550-
6703
Full Match
OCCASIO WINERY 2245 S VASCO RD UNIT B
LIVERMORE, CA 94550-
8313
No Petition
OMEGA ROAD WINERY & CELLARS 2127 S VASCO RD STE C
LIVERMORE, CA 94550-
9688
No Petition
PAGE MILL WINERY LLC 1960 S LIVERMORE AVE
LIVERMORE, CA 94550-
9003
Full Match
PRUETT FARMS 5385 EAST AVE
LIVERMORE, CA 94550-
9634
Full Match
EXHIBIT A
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RETZLAFF VINEYARDS 1356 S LIVERMORE AVE
LIVERMORE, CA 94550-
9505
No Petition
RIOS LOVELL WINERY 6500 TESLA RD
LIVERMORE, CA 94550-
9123
No Petition
RODRIGUE MOLYNEAUX WINERY 3053 MARINA AVE
LIVERMORE, CA 94550-
9602
No Petition
ROSA FIERRO CELLARS 2245 S VASCO RD STE A
LIVERMORE, CA 94550-
8314
Full Match
THE STEVEN KENT WINERY 2245 S VASCO RD STE C
LIVERMORE, CA 94550-
8314
Full Match
TENUTA VINEYARD 633 KALTHOFF CMN
LIVERMORE, CA 94550-
6489
No Petition
TESLA VINTERS 5143 TESLA RD
LIVERMORE, CA 94550-
9619
No Petition
WENTE VINEYARDS 5050 ARROYO RD 2
LIVERMORE, CA 94550-
9645
Close Match
WOOD FAMILY VINEYARDS 2407 RESEARCH DR
LIVERMORE, CA 94550-
3851
Full Match
SAKURA WINERY 5556 MINES RD
LIVERMORE, CA 94550-
9176
Close Match
JMC CELLARS, LLC 6800 GREENVILLE RD
LIVERMORE, CA 94550-
6708
Full Match
BODEGAS AGUIRRE WINERY 8580 TESLA RD
LIVERMORE, CA 94550-
9723
No Petition
NFINITY CELLARS 476 LINDBERGH AVE
LIVERMORE, CA 94551-
9553
No Petition
DEL SOL VINEYARDS LLC 8626 LUPIN WAY
LIVERMORE, CA 94550-
9716
No Petition
EXHIBIT A
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PETITIONTO THECITYOF LIVERMORE
TO RENEWTHELIVERMOREVALLEYWINE HERITAGEDISTRICT
We petition you to Initiate proceedingsto renew the LivermoreValleyWine HeritageDistrict (LVWHD) in accordancewith the PropertyandBusinessImprovementDistrict Lawof 1994, StreetsandHighwaysCode section 36600 et seq., for the purpose of providing services as described in the summary of the ManagementDistrict Planattachedhereto asExhibitA.
BusinessEstablishment(s) & Address(es} Business Owner
5700 (;; r1.' c€A111 ; v
ll' c, dd...
The undersigned Is the business owner or the authorized representative of the business owner and is the person legally authorized and entitled to sign this petition.
Owner/Owner RepresentativeName (printed) Title
Date
Acomplete copyof the ManagementDistrict Planwill befurnisheduponrequest. Requestsfor a complete copyof the ManagementDistrictPlanshould be madeto:
Brandi Lombardi, ExecutiveDirector
LivermoreValleyWine Community
3585GreenvilleRoad, Suite4
Livermore, CA94550
925) 980-3380
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PETITIONTOTHECITYOFLIVERMORE
TORENEWTHELIVERMOREVALLEYWINE HERITAGEDISTRICT
We petition you to initiate proceedings to renew the Livermore Valley Wine Heritage District ( tVWHD) in accordance with the Property and Business Improvement District Law of 1994, Streets and Highways Code section 36600 et seq., for the purpose of providing services as described in the summary of the Management District Plan attached hereto as Exhibit A.
BusinessEstablishment(s) & Address(es} Business Owner
The undersigned Is the business owner or the authorized representative of the business owner and Is the person legally authorized and entitled to sign this petition.
Owner/ Owner Representative Name (printed} Title
Date
Acomplete copy of the Management District Plan will be furnished upon request. Requests for acomplete copy of the Management District Plan should be made to:
Brandi Lombardi, Executive Director
Livermore Valley Wine Community
358S Greenville Road, Suite 4
Livermore, CA 94550
925) 980-3380
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I I
PETITIONTO THECITYOF LIVERMORE
TO RENEWTHELIVERMOREVALLEYWINE HERITAGEDISTRICT
We petition you to initiate proceedingsto renewthe LivermoreValleyWine HeritageDistrict (LVWHD) in accordancewith the Propertyand BusinessImprovementDistrictLawof 1994, Streetsand HighwaysCode section 36600 et seq., for the purpose of providing services as described in the summary of the ManagementDistrictPlanattachedhereto asExhibitA.
BusinessEstabllshment(s) & Address(es) BusinessOwner
The undersigned Is the business owner or the authorized representative of the business owner and is the person legally authorized and entitled to sign this petition.
Title
Date
A completecopyof the ManagementDistrictPlanwill be furnishedupon request. Requestsfor acomplete copyof the ManagementDistrict Planshould bemadeto:
BrandiLombardi, ExecutiveDirector
LivermoreValleyWine Community
3585GreenvilleRoad, Suite4
Livermore, CA94550
925)980-3380
EXHIBIT A
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2026-2031
LIVERMORE VALLEY WINE HERITAGE DISTRICT
MANAGEMENT DISTRICT PLAN
January 13, 2026Preparedpursuantto thePropertyandBusinessImprovementDistrict Law of 1994, StreetsandHighwaysCodeSection36600 etseq.
EXHIBIT B
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CONTENTS
I. OVERVIEW ........................................................................................................................................ 3 II. BACKGROUND ................................................................................................................................ 5 III. BOUNDARY ....................................................................................................................................... 7 IV. ASSESSMENT BUDGET AND SERVICES ................................................................................ 8 A. Annual Service Plan ............................................................................................................ 8 B. Annual Budget .................................................................................................................. 10 C. California Constitutional Compliance .............................................................................. 10 D. Assessment ........................................................................................................................ 12 E. Penalties and Interest ........................................................................................................ 13 F. Time and Manner for Collecting Assessments ................................................................. 13 V. GOVERNANCE ............................................................................................................................... 15 A. Owners’ Association ......................................................................................................... 15 B. Brown Act and California Public Records Act Compliance ............................................ 15 C. Annual Report ................................................................................................................... 15 APPENDIX 1 – LAW .................................................................................................................................... 16 APPENDIX 2 – ASSESSED BUSINESSES ............................................................................................. 28
EXHIBIT B
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LVWHD Management District Plan 3
January 13, 2026
I. OVERVIEW
Developed by Livermore Valley Winegrowers Association ( LVWA), a non- profit organization, the Livermore Valley Wine Heritage District ( LVWHD) is an assessment district proposed to provide specific benefits to payors, by funding marketing and salespromotion and protection efforts with the goal to advance assessedbusinesses in the Livermore Valley Wine Country. This approach has been used successfully in other destination areas throughout the country to provide the benefit of driving increased business sales directly to payors. The LVWHD was initially created in 2021 for a five ( 5) year term. Livermore Valley wine businesses and LVWA now wish to renew the LVWHD for an additional five ( 5) year term.
Location: The renewed LVWHD includes all wineries, existing and in the future, located within the boundaries of the County of Alameda and the City of Livermore ( City), as shown on the map in Section III.
Services: The LVWHD is designed to provide specific benefits directly to payors by providing Marketing & Brand Awareness, Advocacy, Quality Enhancement & Education, Professional Development & Education efforts and other improvements and activities set forth in this Management District Plan ( Plan). LVWHD services will promote assessedwineries in the LVWHD with the goal of increasing winery sales revenue.
These services shall be implemented and completed in concert with the LVWHD term.
Budget: The total LVWHD annual assessmentbudget for the initial renewal year of its five ( 5) year operation is anticipated to be approximately $ 550,000. A similar budget is expected to apply to subsequent years, but this budget is expected to fluctuate as sales do and as wineries open and close.
Cost: The annual assessment rate is two percent ( 2%) of gross direct to consumer sales revenue on winery sales. Based on the benefit received, assessments will not be collected on purchases made outside of the state of California. Revenue generated from the LVWHD is intended only to provide programs and services for assessed businesses, all of which are located in California. Salesmade outside of the state of California are not subject to assessmentdue to a lack of benefit. Assessment dollars will not be spent on any programs or activities to benefit individual winery businesses outside of the state of California. Assessment dollars may be spent outside of California to elevate the notoriety of the Livermore Valley as a premier winery destination with the desired outcome of increased in- person visitation to businesses paying the assessment.
Collection: The City or a third- party collection agency shall be responsible for collecting the assessment on a quarterly basis (including any delinquencies, penalties and interest) from each winery located in the boundaries of the LVWHD. The City or the third- party collection agency shall take all reasonable efforts to collect the assessmentsfrom each winery.
Duration: The LVWHD will have a five ( 5) year life, beginning July 1, 2026. After five ( 5) years, the LVWHD may be renewed pursuant to the Property and Business Improvement
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LVWHD Management District Plan 4
January 13, 2026
District Law of 1994, Streets and Highways Code section 36600 et seq. (94 Law) if assessedwineries support continuing the LVWHD programs.
Management: The LVWA shall continue to serve as the LVWHD Owners’ Association to provide improvements and activities for the LVWHD. The Owners’ Association is charged with managing funds and implementing programs in accordance with this Plan, and must provide an annual report on activities and expenditures to the City, which is also available to business owners.
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LVWHD Management District Plan 5
January 13, 2026
II. BACKGROUND
On November 22, 2021, the Livermore City Council ( City Council) approved the establishment of the LVWHD and adopted the LVWHD Plan by City Council Resolution No. 2021-198 ( Resolution of Formation). The LVWHD was approved for a five ( 5) year term, beginning July 1, 2021 through June 30, 2026.
Due to circumstances of the LVWHD formation process resulting in a delay in collection of assessments, the assessmentcould not begin until January 1, 2022. The Plan stipulates that although the five ( 5) year term begins July 1, 2021, the collection of assessmentsshall start January 1, 2022. The LVWHD term end date of June 30, 2026 remained unchanged. At the Livermore City Council hearing held on November 22, 2021, at which the Resolution of Formation ( Reso 2021-198) was passed, the City Council reduced the original LVWHD boundaries to be conterminous with the City’s jurisdiction boundary and portions of the County of Alameda. Therefore, the LVWHD assessment was only collected from the wineries within the reduced boundary.
On July 21, 2025, the LVWA requested the City to continue as the lead agency for the renewed LVWHD for a term of five ( 5) years beginning July 1, 2026 through June 30, 2031. The renewed LVWHD will derive assessment revenue not only from the assessment beginning July 1, 2026, but will also derive remaining revenues from the previous LVWHD term pursuant to § 36660 (b) of the 94 Law.
Wine Heritage Districts ( WHDs) are an evolution of the traditional Business Improvement District BID). BIDs utilize the efficiencies of private sector operation in the market- based promotion of business districts. BIDs allow business owners to organize their efforts to increase sales and promotional efforts. Business owners within the district fund a BID, and those funds are used to provide services that the businessesdesire and benefit the businesses within the district.
Business Improvement District services may include, but are not limited to:
Marketing of the District
Business Promotion Activities
Infrastructure Improvements
In California, BIDs are formed pursuant to the Property and Business Improvement District Law of 1994 ( 94 Law). This law allows for the creation of special benefit assessmentdistricts to raise funds within a specific geographic area. ThekeydifferencebetweenBIDs andotherspecialbenefitassessmentdistrictsis that fundsraisedaremanagedby theprivatenon-profit corporationgoverningthedistrict.
There are many benefits to Business Improvement Districts:
Funds cannot be diverted for other government programs; Services are customized to fit the needs of each district; They allow for a wide range of services, including those listed above;
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LVWHD Management District Plan 6
January 13, 2026
Business Improvement Districts are designed, created and governed by those who will pay the assessment; and
They provide a stable funding source for business promotion.
The 94 Law is provided in Appendix 1 of this document.
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III. BOUNDARY
The LVWHD will include all wineries, existing and in the future, within the boundaries of portions of the County of Alameda and the City of Livermore, as shown on the map below.
The term “ winery” as used herein means: A business that is commercial growing and/ or processing of wine grapes; and/ or must have a valid state license and/ or federal permit to process or sell wine at retail locations within the boundaries of the LVWHD.
A complete listing of wineries within the LVWHD asof December 9, 2025 can be found in Appendix
2. A map of the LVWHD boundaries is shown below.
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January 13, 2026
IV. ASSESSMENT BUDGET AND SERVICES
A. Annual Service Plan
Assessment funds will be spent to provide specific benefits conferred or privileges granted directly to the payors that are not provided to those not charged, and which do not exceed the reasonable cost to the City of conferring the benefits or granting the privileges. The privileges and services provided with the LVWHD funds are Marketing & Brand Awareness, Advocacy, Quality Enhancement & Education, and Professional Development & Education programs ( collectively, the “ Services”) available only to assessedbusinesses.
A service plan assessment budget has been developed to deliver services that benefit the assessed businesses. A detailed annual assessment budget will be developed and approved by LVWA. The table below illustrates the initial annual assessment budget allocations. The total initial assessment budget is $550,000.00.
Although actual revenues will fluctuate due to market conditions, the proportional allocations of the assessment budget shall remain the same. However, the City and the LVWA board shall have the authority to adjust budget allocations between the categories by no more than twenty percent ( 20%) of the total budget per year. A description of the proposed improvements and activities for the initial year of operation is below. The same activities are proposed for subsequent years. In the event of a legal challenge against the LVWHD, any and all assessment funds may be used for the costs of defending the LVWHD.
Each budget category includes all costs related to providing that service. For example, the Marketing Brand Awareness budget includes the cost of staff time dedicated to overseeing and implementing the Marketing & Brand Awareness program. Staff time dedicated purely to administrative tasks is allocated to the Administration and Operations portion of the budget. The costs of an individual staff Marketing & Brand
Awareness, 48%
264, 000
Quality
Enhancement &
Education, 15%
82, 500
Administration and
Operations, 14. 5%
79, 750
Advocacy - Community & Industry
Engagement, 10%, $55, 000
Professional Development
Education, 5%, $ 27, 500
Contingency /
Reserve, 5%,
27, 500
City Collection Fee,
2. 5%, $ 13, 750
Annual Assessment Budget -$ 550, 000
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member may be allocated to multiple budget categories. The staffing levels necessary to provide the services below will be determined by the LVWA board on an as-needed basis.
Marketing & Brand Awareness
A Marketing & Brand Awareness program will promote the LVWHD as a premium winegrowing region and asa leader in the global wine community. The Marketing & Brand Awareness program will have a central theme of promoting the LVWHD as a desirable place to experience Livermore Valley wineries, and as a desirable area to purchase wines and other estate produced products. The program has the goal of increasing demand for visitation to the winegrowing region, retail sales, affinity for LVWHD grapes and wines, and recognition at and for assessedbusinesses, and may include but is not limited to the following activities:
Advertising across any and all media channels to promote assessedwinery tasting rooms on a local, regional or national level, including but not limited to: digital, print, television, radio and strategic brand partnerships;
Media Relations – Promoting assessedwinery tasting rooms through development of media relations strategies, including but not limited to: media familiarization tours, proactive media pitching and/ or influencer relations;
Digital Marketing – Utilizing paid, earned and owned social media to increase awareness of and engagement with assessedbusinesses;
Events – Developing and executing winery focused special events to attract customers to assessedbusinesses;
Trade & Industry Engagement – Ensuring representatives are provided the opportunity to attend trade shows, meetings, industry conferences, road shows, and events to promote assessedbusinesses; Create programs that engage key trade and industry influencers with the Livermore Valley;
Print Collateral – Preparing and producing collateral, promotional materials such as brochures, flyers and maps for assessedwinery tasting rooms; Brand Enhancement – Engage with third party brand development agency to develop brand platform and materials to assist with marketing assessedwinery hospitality facilities; Consumer Analytics – Identify and leverage consumer demographic, geographic and psychographic data to target messaging that markets Livermore Valley as a premier, unique wine destination to attract customers to assessedwinery hospitality facilities; and Signage Program – Ensure coordinated local signage for the Livermore Valley wine region.
Advocacy – Community & Industry Engagement
Advocacy programs will utilize dedicated time to provide unified attention, communication, and responsiveness throughout the LVWHD. The Advocacy program will also include efforts to form relationships and collaborate with local government agencies , as well as community and regional organizations and entities, to provide a unified voice to represent assessedwine tasting facilities’ best interests on topics related to economic development, regulations, and planning decisions that impact LVWHD wine tasting facilities, with the goal to advance, promote and protect the Livermore Valley Wine Country. Additionally, Advocacy programs will engage and demonstrate leadership in key state and national trade and industry programs and organizations.
Quality Enhancement & Education
Quality Enhancement & Education programs will be developed for assessedwine tasting facilities designed to emphasize and enhance excellence and leadership in the industry, with the ultimate goal of increasing visitation, sales, and brand value for local wineries. Such programs are intended to bring
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increased exposure and prominence to Livermore Valley Wine Country as a world- class winery destination through continued education to amplify exceptional practices of the growing of wine grapes and vinification of wine. The program shall include initiatives and engage experts to enhance wine quality and secure industry recognition for Livermore Valley Wine Country as a premier winemaking and grape-growing region.
Professional Development & Education
Programs and training for assessedwinery facilities related to winemaking, wine grape growing, sales, hospitality, direct to consumer, marketing, media interviews, business operations and best practices.
Administration and Operations
The Administration and Operations portion of the budget shall be utilized for administrative staffing costs, office costs, advocacy, and other general administrative costs such as insurance, legal, and accounting fees.
A certified public accountant may complete an agreed-upon procedure of the Owners’ Association’s allocation of LVWHD funds and usage in accordance with the terms and conditions of the plan, at the City’s discretion. An audit may be performed by the City, or the City may hire an independent audit firm The cost of an audit will be paid with LVWHD revenue. LVWA will reimburse the City for any costs incurred directly attributable to conducting an audit.
City Collection Fee
The City of Livermore shall be paid a fee equal to two and a half percent ( 2.5%) of the amount of assessment collected to cover its costs of collection and administration. In the event that the City’s costs of collection and administration exceeds two percent ( 2%) of the amount of assessments collected, the City will notify the LVWHD of such increased costs and the LVWA board shall consider an adjustment of the budget allocation and fee or Contingency/ Reserve funds may be used.
Contingency / Reserve
The budget includes a contingency line item to account for lower than anticipated assessments. If there are contingency funds collected, they may be held in a reserve fund or utilized for other programs, administration, additional costs of collecting the LVWHD assessmentor renewal costs at the discretion of the Owners’ Association. Policies relating to contributions to the reserve fund, the target amount of the reserve fund, and expenditure of monies from the reserve fund shall be set by the Owners’ Association. Contingency/ reserve funds may be spent on District programs or administrative and renewal costs in such proportions as determined by the Owners’ Association. The reserve fund may be used for the costs of renewing the LVWHD.
B. Annual Budget
The total five ( 5) year assessment budget is projected at approximately $ 550,000 annually, or 2,750,000.00, through 2031. This amount may fluctuate as businesses open and close and winery saleschange.
C. California Constitutional Compliance
The LVWHD assessment is not a property- based assessment subject to the requirements of Proposition 218. Courts have found Proposition 218 limited the term ‘assessments’ to levies on real property. 1 Rather, the LVWHD assessment is a business-based assessment, and is subject to Proposition 26. Pursuant to Proposition 26 all levies are a tax unless they fit one of seven exceptions. 1 Howard Jarvis Taxpayers Association v. City of San Diego (1999) 72 Cal App. 4th230
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Two of these exceptions apply to the LVWHD, a “specific benefit” and a “specific government service.” Both require that the costs of benefits or services do not exceed the reasonable costs to the City of conferring the benefits or providing the services.
1. Specific Benefit
Proposition 26 requires that assessment funds be expended on, “ a specific benefit conferred or privilege granted directly to the payor that is not provided to those not charged, and which does not exceed the reasonable costs to the local government of conferring the benefit or granting the privilege.” 2 The services in this Plan are designed to provide targeted benefits directly to assessed businesses, and are intended only to provide benefits and services directly to those businessespaying the assessment. These services are tailored not to serve the general public , businesses in general, or parcels of land, but rather to serve the specific businesseswithin the LVWHD. The activities described in this Plan are specifically targeted to increase salesfor assessedwineries within the boundaries of the LVWHD, and are narrowly tailored. LVWHD funds will be used exclusively to provide the specific benefit of Services directly to payors. Assessment funds shall not be used to feature non- assessed wineries in LVWHD programs, or to directly generate salesfor non- assessedwineries. The activities paid for from assessmentrevenues are business services constituting and providing specific benefits to the assessedwineries.
The assessmentimposed by this LVWHD is for a specific benefit conferred directly to the payors that is not provided to those not charged. The specific benefit conferred directly to the payors are the Services, which will be provided only to wineries paying the district assessment, with marketing & brand awareness, advocacy, and quality enhancement & education efforts promoting wineries paying the LVWHD assessment. The Services will be designed to increase sales revenue at each assessed winery. Because they are necessary to provide the Services that specifically benefit the assessed wineries, the administration and contingency services also provide the specific benefit of increased salesrevenue to the wineries.
Although the LVWHD, in providing specific benefits to payors, may produce incidental benefits to non- paying businesses, the incidental benefit does not preclude the services from being considered a specific benefit. The legislature has found that, “A specific benefit is not excluded from classification asa ‘specific benefit’ merely becausean indirect benefit to a nonpayor occurs incidentally and without cost to the payor as a consequence of providing the specific benefit to the payor.” 3
2. Specific Government Service
The assessmentmay also be utilized to provide, “ a specific government service or product provided directly to the payor that is not provided to those not charged, and which does not exceed the reasonable costs to the local government of providing the service or product.” 4 The legislature has recognized that marketing and promotions services like those to be provided by the LVWHD are government services within the meaning of Proposition 265. Further, the legislature has determined that “ a specific government service is not excluded from classification as a ‘specific government service’ merely because an indirect benefit to a nonpayor occurs incidentally and without cost to the payor as a consequence of providing the specific government service to the payor.”6 2 Cal. Const. art XIII C § 1(e)(1)
3 Government Code § 53758(a)
4 Cal. Const. art XIII C § 1(e)(2)
5 Government Code § 53758(b)
6 Government Code § 53758(b)
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3. Reasonable Cost
LVWHD services will be implemented carefully to ensure they do not exceed the reasonable cost of such services. The full amount assessedwill be used to provide the services described herein. Funds will be managed by the LVWA, and reports submitted on an annual basis to the City. Only assessed wineries will be featured in marketing materials, receive salesleads generated from LVWHD- funded activities, be featured in advertising campaigns, and benefit from other LVWHD- funded services.
Non- assessedwineries will not receive these, nor any other, LVWHD- funded services and benefits.
D. Assessment
The annual assessmentrate is two percent (2%) of gross direct- to- consumer salesrevenue of assessed wineries. Based on the benefit received, assessmentswill not be collected on purchases made outside of the state of California. Revenue generated from the LVWHD is intended only to provide programs and services for assessedbusinesses, all of which are located in California. Salesmade outside of the state of California are not subject to assessmentdue to a lack of benefit. Assessment dollars will not be spent on any programs or activities to benefit individual winery businesses outside of the state of California. Assessment dollars may be spent outside of California to elevate the notoriety of the Livermore Valley as a premier winery destination with the desired outcome of increased in- person visitation to business paying the assessment.
The assessmentwas calculated based on the total cost of the activities to be provided for the benefit of the businesseswithin the LVWHD with costs allocated based on the proportional benefit conferred to each business. Activities funded by the LVWHD are specifically targeted to increase salesrevenue at assessedbusinesses. All winery salesdo not represent the same benefit to the payors. For example, a higher priced winery is of greater benefit than a lower priced winery because the assesseederives greater revenue. To account for this benefit differential and to make sure the benefits are proportional, an assessmentformula based on percentage of revenue has been selected. The percentage of revenue method of assessment accurately reflects greater benefit to assessedbusinesses with higher priced winery sales, with greater benefit associated with wineries generating larger sums of revenue.
The term “ gross direct- to- consumer salesrevenue” as used herein means: the consideration charged by wineries, for all direct- to- consumer salesof wine, wine club shipments ( whether shipped or picked up), ticket sales, tasting fees, tours and private and public special events, merchandise, prepared and packaged foods for on- premise or off- premise consumption ( whether sold in a tasting room or a stand-alone restaurant on- premise), orders placed via telemarketing, telephone, online, email, whether carried out at the time of purchase, shipped or picked up at a later date (pre-sales). Gross direct- to- consumer salesrevenue shall not include any federal, state or local taxes collected, including but not limited to salesand use taxes.
The assessmentis levied upon and a direct obligation of the assessedwinery. However, the assessed winery may, at its discretion, pass the assessment on to customers. The amount of assessment, if passed on to each customer, shall be disclosed in advance and separately stated from the amount charged and any other applicable taxes, and each customer shall receive a receipt for payment from the business. If the LVWHD assessmentis identified separately it shall be disclosed as the “LVWHD Assessment.” The assessmentis imposed solely upon, and is the sole obligation of the assessedwinery even if it is passedon to customers. The assessmentshall not be considered revenue for any purpose, including calculation of sales taxes. The California Department of Tax and Fee Administration CDTFA) issued a written opinion that state salestax applies to the revenue generated from business improvement district ( BID) assessmentson items where state salestax is levied. In light of CDTFA’ s
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opinion, businesses that pay both state sales tax and LVWHD assessments on sales are advised to collect salestax on the assessmentrevenue.
Bonds shall not be issued.
E. Penalties and Interest
The LVWHD shall reimburse the City for any costs associated with collecting unpaid assessments. If sums in excess of the delinquent LVWHD assessment are sought to be recovered in the same collection action by the City, the LVWHD shall bear its pro rata share of such collection costs.
If a winery fails to remit any assessmentimposed by this Plan within the time required, the City shall contact the winery to inquire about the delinquency and encourage prompt filing. If a winery remains delinquent for one (1) quarter, the penalties described below shall be applied, and the City shall issue a certified letter requesting immediate reporting and payment.
Assessedbusinesseswhich are delinquent in paying the assessmentshall be responsible for paying:
1. Original Delinquency
Any winery that fails to remit any assessmentimposed by this Plan within the time required shall pay a penalty of ten percent ( 10%) of the amount of the assessment in addition to the assessment.
2. 30- Day Delinquency
Any winery that fails to remit any delinquent remittance on or before a period of thirty ( 30) days following the date on which the remittance first became delinquent shall pay a second delinquency penalty of ten percent ( 10%) of the assessmentin addition to the assessmentand the ten percent ( 10%) penalty first imposed.
3. ContinuedDelinquency
If the winery remains delinquent for two ( 2) consecutive quarters, LVWA shall issue a certified letter directing the winery to file the required reports and remit payment. Until such filing and payment are confirmed, the winery shall be removed from LVWA’ s website and shall not be eligible to participate in LVWHD programs, events, or benefits. The winery shall also be required to pay all outstanding assessments, together with any accrued late fees, penalties, and fines.
4. Fraud
If the City or third- party collection agency determines that the nonpayment of any remittance due under this article is due to fraud, a penalty of twenty- five percent ( 25%) of the amount of the assessmentshall be added thereto in addition to the penalties stated in paragraph one (1) and two ( 2) above of this section.
5. Interest
In addition to the penalties imposed, any winery who fails to remit any assessment imposed by this section shall pay interest at the rate of one-quarter of one percent ( 0.25%) per month or fraction thereof on the amount of the assessment, exclusive of penalties, from the date on which the remittance first became delinquent until paid.
F. Time and Manner for Collecting Assessments
The LVWHD assessmentrenewal will be implemented beginning July 1, 2026 and continue for five (5) years to end on June 30, 2031. The City or a third- party collection agency will be responsible for collecting the assessmenton a quarterly basis (including any delinquencies, penalties and interest) from each winery located in each jurisdiction within the LVWHD. The City or a third- party collection agency
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shall take all reasonable efforts to collect the assessmentsfrom each winery. The City or a third- party collection agencyshall forward the assessmentscollected to the Owners’ Association.
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V. GOVERNANCE
A. Owners’ Association
The City Council, through adoption of this Management District Plan, has the right, pursuant to Streets and Highways Code §36651, to identify the body that shall implement the proposed program, which shall be the Owners’ Association of the LVWHD as defined in Streets and Highways Code 36612. The City Council has determined that LVWA will continue to serve as the Owners’ Association for the LVWHD.
Pursuant to Section 36612 of the Property and Business Improvement District Law of 1994, the City and LVWA shall enter into an agreement authorizing LVWA to administer and implement the improvements, maintenance, and activities described in this Plan. The agreement shall outline the respective roles, responsibilities, and reporting requirements of the City and LVWA to ensure compliance with applicable laws and the intent of this Plan.
B. Brown Act and California Public Records Act Compliance An Owners’ Association is a private entity and may not be considered a public entity for any purpose, nor may its board members or staff be considered to be public officials for any purpose. The Owners’ Association is, however, subject to government regulations relating to transparency, namely the Ralph M. Brown Act and the California Public Records Act. These regulations are designed to promote public accountability. The Owners’ Association acts as a legislative body under the Ralph M. Brown Act ( Government Code §54950 et seq.). Thus, meetings of the LVWA board and certain committees must be held in compliance with the public notice and other requirements of the Brown Act.
Accordingly, the Owners’ Association shall publicly report any action taken and the vote of abstention on that action of each member present for the action. The Owners’ Association is also subject to the record keeping and disclosure requirements of the California Public Records Act. Accordingly, the Owners’ Association shall publicly report any action taken and the vote or abstention on that action of each member present for the action.
C. Annual Report
The LVWA shall present an annual report at the end of each year of operation to the City Council pursuant to Streets and Highways Code §36650 (seeAppendix 1). The annual report shall include:
Any proposed changes in the boundaries of the improvement district or in any benefit zones or classification of businesseswithin the district.
The improvements and activities to be provided for that fiscal year.
An estimate of the cost of providing the improvements and the activities for that fiscal year.
The method and basis of levying the assessment in sufficient detail to allow each business owner to estimate the amount of the assessmentto be levied against his or her business for that fiscal year.
The estimated amount of any surplus or deficit revenues to be carried over from a previous fiscal year.
The estimated amount of any contributions to be made from sources other than assessments levied pursuant to this part.
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APPENDIX 1 – LAW
CURRENT THROUGH CH. 790 OF THE LEGISLATION FROM THE 2025 - 2026REGULAR SESSION, EFFECTIVE AS OF OCTOBER 13, 2025
STREETS AND HIGHWAYS CODE
DIVISION 18. PARKING
PART 7. PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 CHAPTER 1. General Provisions
ARTICLE 1. Declarations
36600. Citation of part
This part shall be known and may be cited as the “Property and Business Improvement District Law of 1994.” 36601. Legislative findings and declarations; Legislative guidance The Legislature finds and declaresall of the following:
a) Businesseslocated and operating within businessdistricts in some of this state’s communities are economically disadvantaged, are underutilized, and are unable to attract customers due to inadequate facilities, services, and activities in the businessdistricts. b) It is in the public interest to promote the economic revitalization and physical maintenance of business districts in order to createjobs, attract new businesses, and prevent the erosion of the businessdistricts. c) It is of particular local benefit to allow businessdistricts to fund businessrelated improvements, maintenance, and activities through the levy of assessmentsupon the businessesor real property that receive benefits from those improvements.
d) Assessmentslevied for the purpose of conferring special benefit upon the real property or a specific benefit upon the businessesin a businessdistrict are not taxes for the general benefit of a city, even if property, businesses, or personsnot assessedreceive incidental or collateral effects that benefit them. e) Property and businessimprovement districts formed throughout this statehave conferred special benefits upon properties and businesseswithin their districts and have made those properties and businesses more useful by providing the following benefits:
1) Crime reduction. A study by the Rand Corporation hasconfirmed a 12 -percent reduction in the incidence of robbery and an 8-percent reduction in the total incidence of violent crimes within the 30 districts studied.
2) Job creation.
3) Business attraction.
4) Business retention.
5) Economic growth.
6) New investments.
f) With the dissolution of redevelopment agenciesthroughout the state, property and business improvement districts have become even more important tools with which communities can combat blight, promote economic opportunities, and create a clean and safe environment. g) Since the enactment of this act, the people of California have adopted Proposition 218, which added Article XIII D to the Constitution in order to place certain requirements and restrictions on the formation of, and activities, expenditures, and assessmentsby property- baseddistricts. Article XIII D of the Constitution provides that property- baseddistricts may only levy assessmentsfor special benefits. h) The act amending this section is intended to provide the Legislature’s guidance with regard to this act, its interaction with the provisions of Article XIII D of the Constitution, and the determination of special benefits in property-baseddistricts.
1) The lack of legislative guidance has resulted in uncertainty and inconsistent application of this act, which discouragesthe useof assessmentsto fund neededimprovements, maintenance, and activities in property- baseddistricts, contributing to blight and other underutilization of property. 2) Activities undertaken for the purpose of conferring special benefits upon property to be assessedinherently produce incidental or collateral effects that benefit property or personsnot assessed. Therefore, for special benefits to exist as a separateand distinct category from general benefits, the incidental or collateral effects of those special benefits are inherently part of those
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special benefits. The mere fact that special benefits produce incidental or collateral effects that benefit property or persons not assessed does not convert any portion of those special benefits or their incidental or collateral effects into general benefits. 3) It is of the utmost importance that property- baseddistricts created under this act have clarity regarding restrictions on assessmentsthey may levy and the proper determination of special benefits. Legislative clarity with regard to this act will provide districts with clear instructions and courts with legislative intent regarding restrictions on property- basedassessments, and the manner in which special benefits should be determined.
36602. Purpose of part
The purpose of this part is to supplement previously enactedprovisions of law that authorize cities to levy assessmentswithin property and businessimprovement districts, to ensure that those assessmentsconform to all constitutional requirements and are determined and assessedin accordancewith the guidance set forth in this act.
This part does not affect or limit any other provisions of law authorizing or providing for the furnishing of improvements or activities or the raising of revenue for thesepurposes. 36603. Preemption of authority or charter city to adopt ordinances levying assessments Nothing in this part is intended to preempt the authority of a charter city to adopt ordinances providing for a different method of levying assessmentsfor similar or additional purposesfrom those set forth in this part. A property and businessimprovement district created pursuant to this part is expressly exempt from the provisions of the Special AssessmentInvestigation, Limitation and Majority Protest Act of 1931 (Division 4 (commencing with Section 2800)).
36603.5. Part prevails over conflicting provisions
Any provision of this part that conflicts with any other provision of law shall prevail over the other provision of law, as to districts created under this part.
36604. Severability
This part is intended to be construed liberally and, if any provision is held invalid, the remaining provisions shall remain in full force and effect. Assessmentslevied under this part are not special taxes.
ARTICLE 2. Definitions
36606. “Activities”
Activities” means, but is not limited to, all of the following that benefit businessesor real property in the district:
a) Promotion of public events.
b) Furnishing of music in any public place.
c) Promotion of tourism within the district.
d) Marketing and economic development, including retail retention and recruitment. e) Providing security, sanitation, graffiti removal, street and sidewalk cleaning, and other municipal services supplemental to those normally provided by the municipality. f) Other services provided for the purpose of conferring special benefit upon assessedreal property or specific benefits upon assessedbusinesseslocated in the district. 36606.5. “Assessment”
Assessment” meansa levy for the purpose of acquiring, constructing, installing, or maintaining improvements and providing activities that will provide certain benefits to properties or businesseslocated within a property and businessimprovement district.
36607. “Business”
Business” meansall types of businessesand includes financial institutions and professions.
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36608. “ City”
City” meansa city, county, city and county, or an agency or entity createdpursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code, the public member agenciesof which includes only cities, counties, or a city and county, or the State of California. 36609. “City council”
City council” meansthe city council of a city or the board of supervisors of a county, or the agency, commission, or board created pursuant to a joint powers agreementand which is a city within the meaning of this part. 36609.4. “Clerk”
Clerk” meansthe clerk of the legislative body.
36609.5. “General benefit”
General benefit” means, for purposesof a property- baseddistrict, any benefit that is not a “special benefit” as defined in Section 36615.5.
36610. “Improvement”
Improvement” meansthe acquisition, construction, installation, or maintenance of any tangible property with an estimated useful life of five years or more including, but not limited to, the following:
a) Parking facilities.
b) Benches, booths, kiosks, display cases, pedestrian shelters and signs. c) Trash receptaclesand public restrooms.
d) Lighting and heating facilities.
e) Decorations.
f) Parks.
g) Fountains.
h) Planting areas.
i) Closing, opening, widening, or narrowing of existing streets. j) Facilities or equipment, or both, to enhancesecurity of personsand property within the district. k) Ramps, sidewalks, plazas, and pedestrian malls.
l) Rehabilitation or removal of existing structures.
36611. “Management district plan”; “ Plan”
Management district plan” or “plan” meansa proposal as defined in Section 36622. 36612. “Owners’ association”
Owners’ association” meansa private nonprofit entity that is under contract with a city to administer or implement improvements, maintenance, and activities specified in the managementdistrict plan. An owners’ association may be anexisting nonprofit entity or a newly formed nonprofit entity. An owners’ association is a private entity and may not be considered a public entity for any purpose, nor may its board members or staff be considered to be public officials for any purpose. Notwithstanding this section, an owners’ association shall comply with the Ralph M. Brown Act ( Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code), at all times when matters within the subject matter of the district are heard, discussed, or deliberated, and with the California Public Records Act ( Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code), for all records relating to activities of the district. 36614. “Property”
Property” meansreal property situated within a district.
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36614. 5. “ Property and business improvement district”; “ District” Property and businessimprovement district,” or “district,” meansa property and businessimprovement district established pursuant to this part.
36614.6. “Property- based assessment”
Property-basedassessment” meansany assessmentmade pursuant to this part upon real property. 36614.7. “Property- based district”
Property-baseddistrict” meansany district in which a city levies a property -basedassessment. 36615. “Property owner”; “ Business owner”; “ Owner”
Property owner” meansany person shown as the owner of land on the last equalized assessmentroll or otherwise known to be the owner of land by the city council. “Business owner” meansany person recognized by the city as the owner of the business. “Owner” meanseither a businessowner or a property owner. The city council has no obligation to obtain other information as to the ownership of land or businesses, and its determination of ownership shall be final and conclusive for the purposesof this part. Wherever this part requires the signature of the property owner, the signature of the authorized agent of the property owner shall be sufficient. Wherever this part requires the signature of the businessowner, the signature of the authorized agent of the businessowner shall be sufficient. 36615.5. “Special benefit”
a) “Special benefit” means, for purposesof a property- baseddistrict, a particular and distinct benefit over and above general benefits conferred on real property located in a district or to the public at large. Special benefit includes incidental or collateral effects that arise from the improvements, maintenance, or activities of property-baseddistricts even if those incidental or collateral effects benefit property or personsnot assessed. Special benefit excludes general enhancementof property value . b) “Special benefit” also includes, for purposesof a property -baseddistrict, a particular and distinct benefit provided directly to eachassessedparcel within the district. Merely becauseparcels throughout an assessmentdistrict sharethe samespecial benefits doesnot make the benefits general. 36616. “Tenant”
Tenant” meansan occupant pursuant to a leaseof commercial spaceor a dwelling unit, other than an owner.
ARTICLE 3. Prior Law
36617. Alternate method of financing certain improvements and activities; Effect on other provisions This part provides an alternative method of financing certain improvements and activities. The provisions of this part shall not affect or limit any other provisions of law authorizing or providing for the furnishing of improvements or activities or the raising of revenue for thesepurposes. Every improvement areaestablished pursuant to the Parking and Business Improvement Area Law of 1989 (Part 6 (commencing with Section 36500) of this division) is valid and effective and is unaffected by this part.
CHAPTER 2. Establishment
36620. Establishment of property and business improvement district A property and businessimprovement district may be established as provided in this chapter. 36620.5. Requirement of consent of city council
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A county may not form a district within the territorial jurisdiction of a city without the consent of the city council of that city. A city may not form a district within the unincorporated territory of a county without the consent of the board of supervisors of that county. A city may not form a district within the territorial jurisdiction of another city without the consent of the city council of the other city. 36621. Initiation of proceedings; Petition of property or business owners in proposed district a) Upon the submission of a written petition, signed by the property or businessowners in the proposed district who will pay more than 50 percent of the assessmentsproposed to be levied, the city council may initiate proceedings to form a district by the adoption of a resolution expressing its intention to form a district. The amount of assessmentattributable to property or a businessowned by the sameproperty or businessowner that is in excessof 40 percent of the amount of all assessmentsproposed to be levied, shall not be included in determining whether the petition is signed by property or businessowners who will pay more than 50 percent of the total amount of assessmentsproposed to be levied. b) The petition of property or businessowners required under subdivision ( a) shall include a summary of the managementdistrict plan. That summary shall include all of the following:
1) A map showing the boundaries of the district.
2) Information specifying where the complete managementdistrict plan can be obtained. 3) Information specifying that the complete managementdistrict plan shall be furnished upon request.
c) The resolution of intention described in subdivision ( a) shall contain all of the following:
1) A brief description of the proposed improvements, maintenance, and activities, the amount of the proposed assessment, a statementas to whether the assessmentwill be levied on property or businesseswithin the district, a statement as to whether bonds will be issued, and a description of the exterior boundaries of the proposed district, which may be made by reference to any plan or map that is on file with the clerk. The descriptions and statementsdo not need to be detailed and shall be sufficient if they enable an owner to generally identify the nature and extent of the improvements, maintenance, and activities, and the location and extent of the proposed district. 2) A time and place for a public hearing on the establishment of the property and business improvement district and the levy of assessments, which shall be consistent with the requirements of Section 36623.
36622. Contents of management district plan
The managementdistrict plan shall include, but is not limited to, all of the following:
a) If the assessmentwill be levied on property, a map of the district in sufficient detail to locate each parcel of property and, if businessesare to be assessed, each businesswithin the district. If the assessment will be levied on businesses, a map that identifies the district boundaries in sufficient detail to allow a businessowner to reasonably determine whether a businessis located within the district boundaries. If the assessmentwill be levied on property and businesses, a map of the district in sufficient detail to locate each parcel of property and to allow a businessowner to reasonably determine whether a businessis located within the district boundaries.
b) The name of the proposed district.
c) A description of the boundaries of the district, including the boundaries of benefit zones, proposed for establishment or extension in a manner sufficient to identify the affected property and businessesincluded, which may be made by reference to any plan or map that is on file with the clerk. The boundaries of a proposed property assessmentdistrict shall not overlap with the boundaries of another existing property assessmentdistrict created pursuant to this part. This part doesnot prohibit the boundaries of a district createdpursuant to this part to overlap with other assessmentdistricts established pursuant to other provisions of law, including, but not limited to, the Parking and Business Improvement Area Law of 1989 Part 6 (commencing with Section 36500)). This part does not prohibit the boundaries of a business assessmentdistrict created pursuant to this part to overlap with another businessassessmentdistrict created pursuant to this part. This part does not prohibit the boundaries of a businessassessmentdistrict created pursuant to this part to overlap with a property assessmentdistrict created pursuant to this part. d) The improvements, maintenance, and activities proposed for each year of operation of the district and the estimated cost thereof. If the improvements, maintenance, and activities proposed for eachyear of operation are the same, a description of the first year’s proposed improvements, maintenance, and activities
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and a statement that the same improvements, maintenance, and activities are proposed for subsequent years shall satisfy the requirements of this subdivision.
e) The total annual amount proposed to be expended for improvements, maintenance, or activities, and debt service in each year of operation of the district. If the assessmentis levied on businesses, this amount may be estimated basedupon the assessmentrate. If the total annual amount proposed to be expended in eachyear of operation of the district is not significantly different, the amount proposed to be expended in the initial year and a statement that a similar amount applies to subsequentyears shall satisfy the requirements of this subdivision.
f) The proposed source or sourcesof financing, including the proposed method and basis of levying the assessmentin sufficient detail to allow each property or businessowner to calculate the amount of the assessmentto be levied against their property or business. The plan also shall state whether bonds will be issued to finance improvements.
g) The time and manner of collecting the assessments.
h) The specific number of years in which assessmentswill be levied. In a new district, the maximum number of years shall be five. Upon renewal, a district shall have a term not to exceed10 years.
Notwithstanding theselimitations, a district created pursuant to this part to finance capital improvements with bonds may levy assessmentsuntil the maximum maturity of the bonds. The managementdistrict plan may set forth specific increasesin assessmentsfor each year of operation of the district. i) The proposed time for implementation and completion of the managementdistrict plan. j) Any proposed rules and regulations to be applicable to the district. k)
1) A list of the properties or businessesto be assessed, including the assessor’s parcel numbers for properties to be assessed, and a statement of the method or methods by which the expensesof a district will be imposed upon benefited real property or businesses, in proportion to the benefit received by the property or business, to defray the cost thereof. 2) In a property-baseddistrict, the proportionate special benefit derived by eachidentified parcel shall be determined exclusively in relationship to the entirety of the capital cost of a public improvement, the maintenance and operation expensesof a public improvement, or the cost of the activities. An assessmentshall not be imposed on any parcel that exceedsthe reasonablecost of the proportional special benefit conferred on that parcel. Only special benefits are assessable, and a property-baseddistrict shall separatethe general benefits, if any, from the special benefits conferred on a parcel. Parcelswithin a property -baseddistrict that are owned or used by any city, public agency, the State of California, or the United Statesshall not be exempt from assessment unless the governmental entity can demonstrate by clear and convincing evidence that those publicly owned parcels in fact receive no special benefit. The value of any incidental, secondary, or collateral effects that arise from the improvements, maintenance, or activities of a property- baseddistrict and that benefit property or personsnot assessedshall not be deducted from the entirety of the cost of any special benefit or affect the proportionate special benefit derived by eachidentified parcel.
3) In a property-baseddistrict, properties throughout the district may sharethe samespecial benefits. In a district with boundaries that define which parcels are to receive improvements, maintenance, or activities over and above those services provided by the city, the improvements, maintenance, or activities themselves may constitute a special benefit. The city may impose assessmentsthat are less than the proportional special benefit conferred, but shall not impose assessmentsthat exceedthe reasonablecosts of the proportional special benefit conferred. Because one or more parcels pay less than the special benefit conferred does not necessarily mean that other parcels are assessedmore than the reasonablecost of their special benefit. l) In a property- baseddistrict, a detailed engineer’s report prepared by a registered professional engineer certified by the State of California supporting all assessmentscontemplated by the managementdistrict plan.
m) Any other item or matter required to be incorporated therein by the city council. 36623. Procedure to levy assessment
a) If a city council proposesto levy a new or increasedproperty assessment, the notice and protest and hearing procedure shall comply with Section 53753 of the Government Code. b) If a city council proposesto levy a new or increasedbusinessassessment, the notice and protest and hearing procedure shall comply with Section 54954.6 of the Government Code, except that notice shall be
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mailed to the owners of the businesses proposed to be assessed. A protest may be made orally or in writing by any interested person. Every written protest shall be filed with the clerk at or before the time fixed for the public hearing. The city council may waive any irregularity in the form or content of any written protest. A written protest may be withdrawn in writing at any time before the conclusion of the public hearing. Each written protest shall contain a description of the businessin which the person subscribing the protest is interested sufficient to identify the businessand, if a person subscribing is not shown on the official records of the city as the owner of the business, the protest shall contain or be accompanied by written evidence that the person subscribing is the owner of the businessor the authorized representative. A written protest that does not comply with this section shall not be counted in determining a majority protest.
If written protests are received from the owners or authorized representativesof businessesin the proposed district that will pay 50 percent or more of the assessmentsproposed to be levied and protests are not withdrawn so as to reduce the protests to less than 50 percent, no further proceedings to levy the proposed assessmentagainst such businesses, as contained in the resolution of intention, shall be taken for a period of one year from the date of the finding of a majority protest by the city council. c) If a city council proposesto conduct a single proceeding to levy both a new or increasedproperty assessmentand a new or increasedbusinessassessment, the notice and protest and hearing procedure for the property assessmentshall comply with subdivision ( a), and the notice and protest and hearing procedure for the businessassessmentshall comply with subdivision ( b). If a majority protest is received from either the property or businessowners, that respective portion of the assessmentshall not be levied. The remaining portion of the assessmentmay be levied unless the improvement or other special benefit was proposed to be funded by assessingboth property and businessowners. 36624. Changes to proposed assessments
At the conclusion of the public hearing to establish the district, the city council may adopt, revise, change, reduce, or modify the proposed assessmentor the type or types of improvements, maintenance, and activities to be funded with the revenuesfrom the assessments. Proposed assessmentsmay only be revised by reducing any or all of them. At the public hearing, the city council may only make changesin, to, or from the boundaries of the proposed property and businessimprovement district that will exclude territory that will not benefit from the proposed improvements, maintenance, and activities. Any modifications, revisions, reductions, or changesto the proposed assessmentdistrict shall be reflected in the notice and map recorded pursuant to Section 36627. 36625. Resolution of formation
a) If the city council, following the public hearing, decides to establish a proposed property and business improvement district, the city council shall adopt a resolution of formation that shall include, but is not limited to, all of the following:
1) A brief description of the proposed improvements, maintenance, and activities, the amount of the proposed assessment, a statementas to whether the assessmentwill be levied on property, businesses, or both within the district, a statement on whether bonds will be issued, and a description of the exterior boundaries of the proposed district, which may be made by reference to any plan or map that is on file with the clerk. The descriptions and statementsneed not be detailed and shall be sufficient if they enable an owner to generally identify the nature and extent of the improvements, maintenance, and activities and the location and extent of the proposed district. 2) The number, date of adoption, and title of the resolution of intention. 3) The time and place where the public hearing was held concerning the establishment of the district.
4) A determination regarding any protests received. The city shall not establish the district or levy assessmentsif a majority protest was received.
5) A statementthat the properties, businesses, or properties and businessesin the district established by the resolution shall be subject to any amendmentsto this part. 6) A statementthat the improvements, maintenance, and activities to be conferred on businesses and properties in the district will be funded by the levy of the assessments. The revenue from the levy of assessmentswithin a district shall not be used to provide improvements, maintenance, or activities outside the district or for any purpose other than the purposesspecified in the resolution of intention, as modified by the city council at the hearing concerning establishment of the district.
Notwithstanding the foregoing, improvements and activities that must be provided outside the
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district boundaries to create a special or specific benefit to the assessed parcels or businesses may be provided, but shall be limited to marketing or signage pointing to the district. 7) A finding that the property or businesseswithin the areaof the property and business improvement district will be benefited by the improvements, maintenance, and activities funded by the proposed assessments, and, for a property- baseddistrict, that property within the district will receive a special benefit.
8) In a property-baseddistrict, the total amount of all special benefits to be conferred on the properties within the property-baseddistrict.
b) The adoption of the resolution of formation and, if required, recordation of the notice and map pursuant to Section 36627 shall constitute the levy of an assessmentin each of the fiscal years referred to in the managementdistrict plan.
36627. Notice and assessmentdiagram
Following adoption of the resolution establishing district assessmentson properties pursuant to Section 36625, the clerk shall record a notice and an assessmentdiagram pursuant to Section 3114. No other provision of Division 4.5 commencing with Section 3100) applies to an assessmentdistrict createdpursuant to this part. 36628. Establishment of separate benefit zones within district; Categories of businesses The city council may establish one or more separatebenefit zones within the district basedupon the degree of benefit derived from the improvements or activities to be provided within the benefit zone and may impose a different assessmentwithin each benefit zone. If the assessmentis to be levied on businesses, the city council may also define categories of businessesbasedupon the degreeof benefit that eachwill derive from the improvements or activities to be provided within the district and may impose a different assessmentor rate of assessmenton each category of business, or on eachcategory of businesswithin each zone. 36628.5. Assessments on businesses or property owners
The city council may levy assessmentson businessesor on property owners, or a combination of the two, pursuant to this part. The city council shall structure the assessmentsin whatever manner it determines corresponds with the distribution of benefits from the proposed improvements, maintenance, and activities, provided that any property - basedassessmentconforms with the requirements set forth in paragraph (2) of subdivision ( k) of Section 36622. 36629. Provisions and procedures applicable to benefit zones and business categories All provisions of this part applicable to the establishment, modification, or disestablishment of a property and businessimprovement district apply to the establishment, modification, or disestablishment of benefit zonesor categories of business. The city council shall, to establish, modify, or disestablish a benefit zone or category of business, follow the procedure to establish, modify, or disestablish a property and businessimprovement district. 36630. Expiration of district; Creation of new district If a property and businessimprovement district expires due to the time limit set pursuant to subdivision ( h) of Section 36622, a new managementdistrict plan may be createdand the district may be renewed pursuant to this part.
CHAPTER 3. Assessments
36631. Time and manner of collection of assessments; Delinquent payments The collection of the assessmentslevied pursuant to this part shall be made at the time and in the manner set forth by the city council in the resolution levying the assessment. Assessmentslevied on real property may be collected at the sametime and in the samemanner as for the ad valorem property tax, and may provide for the samelien priority and penalties for delinquent payment. All delinquent payments for assessmentslevied pursuant to this part may be charged interest and penalties.
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36632. Assessments to be based on estimated benefit; Classification of real property and businesses; Exclusion of residential and agricultural property
a) The assessmentslevied on real property pursuant to this part shall be levied on the basis of the estimated benefit to the real property within the property and businessimprovement district. The city council may classify properties for purposesof determining the benefit to property of the improvements and activities provided pursuant to this part.
b) Assessmentslevied on businessespursuant to this part shall be levied on the basis of the estimated benefit to the businesseswithin the property and businessimprovement district. The city council may classify businessesfor purposesof determining the benefit to the businessesof the improvements and activities provided pursuant to this part.
c) Properties zoned solely for residential use, or that are zoned for agricultural use, are conclusively presumed not to benefit from the improvements and service funded through theseassessments, and shall not be subject to any assessmentpursuant to this part.
36633. Time for contesting validity of assessment
The validity of an assessmentlevied under this part shall not be contested in an action or proceeding unless the action or proceeding is commenced within 30 days after the resolution levying the assessmentis adopted pursuant to Section 36625. An appeal from a final judgment in an action or proceeding shall be perfected within 30 days after the entry of judgment.
36634. Service contracts authorized to establish levels of city services The city council may execute baseline service contracts that would establish levels of city services that would continue after a property and businessimprovement district has been formed. 36635. Request to modify management district plan
The owners’ association may, at any time, request that the city council modify the managementdistrict plan. Any modification of the managementdistrict plan shall be made pursuant to this chapter. 36636. Modification of plan by resolution after public hearing; Adoption of resolution of intention a) Upon the written request of the owners’ association, the city council may modify the management district plan after conducting one public hearing on the proposed modifications. The city council may modify the improvements and activities to be funded wi th the revenue derived from the levy of the assessmentsby adopting a resolution determining to make the modifications after holding a public hearing on the proposed modifications. If the modification includes the levy of a new or increasedassessment, the city council shall comply with Section 36623. Notice of all other public hearings pursuant to this section shall comply with both of the following:
1) The resolution of intention shall be published in a newspaperof general circulation in the city once at least sevendays before the public hearing.
2) A complete copy of the resolution of intention shall be mailed by first class mail, at least 10 days before the public hearing, to each businessowner or property owner affected by the proposed modification.
b) The city council shall adopt a resolution of intention which statesthe proposed modification prior to the public hearing required by this section. The public hearing shall be held not more than 90 days after the adoption of the resolution of intention.
36637. Reflection of modification in notices recorded and maps Any subsequentmodification of the resolution shall be reflected in subsequentnotices and maps recorded pursuant to Division 4.5 (commencing with Section 3100), in a manner consistent with the provisions of Section 36627. 36638. Assessment as government imposed fee on Civ C § 1770 transaction
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a) A business assessment pursuant to this part is a fee imposed by a government on the transaction for purposes of paragraph ( 29) of subdivision ( a) of Section 1770 of the Civil Code. b) This section shall become operative on July 1, 2024.
CHAPTER 3.5. Financing
36640. Bonds authorized; Procedure; Restriction on reduction or termination of assessments a) The city council may, by resolution, determine and declare that bonds shall be issued to finance the estimated cost of some or all of the proposed improvements described in the resolution of formation adopted pursuant to Section 36625, if the resolutio n of formation adopted pursuant to that section provides for the issuanceof bonds, under the Improvement Bond Act of 1915 (Division 10 (commencing with Section 8500)) or in conjunction with Marks- Roos Local Bond Pooling Act of 1985 (Article 4 commencing with Section 6584) of Chapter 5 of Division 7 of Title 1 of the Government Code). Either act, as the casemay be, shall govern the proceedings relating to the issuanceof bonds, although proceedings under the Bond Act of 1915 may be modified by the city council as necessaryto accommodate assessmentslevied upon businesspursuant to this part.
b) The resolution adopted pursuant to subdivision ( a) shall generally describe the proposed improvements specified in the resolution of formation adopted pursuant to Section 36625, set forth the estimated cost of those improvements, specify the number of annual installments and the fiscal years during which they are to be collected. The amount of debt service to retire the bonds shall not exceedthe amount of revenue estimated to be raised from assessmentsover 30 years.
c) Notwithstanding any other provision of this part, assessmentslevied to pay the principal and interest on any bond issued pursuant to this section shall not be reduced or terminated if doing so would interfere with the timely retirement of the debt.
CHAPTER 4. Governance
36650. Report by owners’ association; Approval or modification by city council a) The owners’ association shall causeto be prepared a report for each fiscal year, except the first year, for which assessmentsare to be levied and collected to pay the costs of the improvements, maintenance, and activities described in the report. The owners’ association’s first report shall be due after the first year of operation of the district. The report may propose changes, including, but not limited to, the boundaries of the property and businessimprovement district or any benefit zoneswithin the district, the basis and method of levying the assessments, and any changesin the classification of property, including any categories of business, if a classification is used.
b) The report shall be filed with the clerk and shall refer to the property and businessimprovement district by name, specify the fiscal year to which the report applies, and, with respectto that fiscal year, shall contain all of the following information:
1) Any proposed changesin the boundaries of the property and businessimprovement district or in any benefit zonesor classification of property or businesseswithin the district. 2) The improvements, maintenance, and activities to be provided for that fiscal year. 3) An estimate of the cost of providing the improvements, maintenance, and activities for that fiscal year.
4) The method and basis of levying the assessmentin sufficient detail to allow each real property or businessowner, as appropriate, to estimate the amount of the assessmentto be levied against his or her property or businessfor that fiscal year.
5) The estimated amount of any surplus or deficit revenuesto be carried over from a previous fiscal year.
6) The estimated amount of any contributions to be made from sourcesother than assessments levied pursuant to this part.
c) The city council may approve the report as filed by the owners’ association or may modify any particular contained in the report and approve it as modified. Any modification shall be made pursuant to Sections 36635 and 36636.
The city council shall not approve a changein the basis and method of levying assessmentsthat would impair an authorized or executed contract to be paid from the revenuesderived from the levy of
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assessments, including any commitment to pay principal and interest on any bonds issued on behalf of the district.
36651. Designation of owners’ association to provide improvements, maintenance, and activities The managementdistrict plan may, but is not required to, state that an owners’ association will provide the improvements, maintenance, and activities described in the managementdistrict plan. If the managementdistrict plan designatesan owners’ association, the city shall contract with the designated nonprofit corporation to provide services.
CHAPTER 5. Renewal
36660. Renewal of district; Transfer or refund of remaining revenues; District term limit a) Any district previously established whose term has expired, or will expire, may be renewed by following the procedures for establishment as provided in this chapter. b) Upon renewal, any remaining revenuesderived from the levy of assessments, or any revenuesderived from the sale of assetsacquired with the revenues, shall be transferred to the renewed district. If the renewed district includes additional parcels or businessesnot included in the prior district, the remaining revenuesshall be spent to benefit only the parcels or businessesin the prior district. If the renewed district doesnot include parcels or businessesincluded in the prior district, the remaini ng revenuesattributable to theseparcels shall be refunded to the owners of theseparcels or businesses. c) Upon renewal, a district shall have a term not to exceed10 years, or, if the district is authorized to issue bonds, until the maximum maturity of those bonds. There is no requirement that the boundaries, assessments, improvements, or activities of a renewed district be the sameas the original or prior district.
CHAPTER 6. Disestablishment
36670. Circumstances permitting disestablishment of district; Procedure a) Any district established or extended pursuant to the provisions of this part, where there is no indebtedness, outstanding and unpaid, incurred to accomplish any of the purposesof the district, may be disestablished by resolution by the city council in either of the following circumstances:
1) If the city council finds there has been misappropriation of funds, malfeasance, or a violation of law in connection with the managementof the district, it shall notice a hearing on disestablishment.
2) During the operation of the district, there shall be a 30 -day period eachyear in which assessees may requestdisestablishment of the district. The first such period shall begin one year after the date of establishment of the district and shall continue for 30 days. The next such 30-day period shall begin two years after the date of the establishment of the district. Each successiveyear of operation of the district shall have such a 30-day period. Upon the written petition of the owners or authorized representativesof real property or the owners or authorized representativesof businessesin the district who pay 50 percent or more of the assessmentslevied, the city council shall passa resolution of intention to disestablish the district. The city council shall notice a hearing on disestablishment.
b) The city council shall adopt a resolution of intention to disestablish the district prior to the public hearing required by this section. The resolution shall state the reason for the disestablishment, shall state the time and place of the public hearing, and shall contain a proposal to dispose of any assetsacquired with the revenuesof the assessmentslevied within the property and businessimprovement district. The notice of the hearing on disestablishment required by this section shall be given by mail to the property owner of eachparcel or to the owner of each businesssubject to assessmentin the district, as appropriate. The city shall conduct the public hearing not less than 30 days after mailing the notice to the property or business owners. The public hearing shall be held not more than 60 days after the adoption of the resolution of intention.
36671. Refund of remaining revenues upon disestablishment or expiration without renewal of district; Calculation of refund; Use of outstanding revenue collected after disestablishment of district
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a) Upon the disestablishment or expiration without renewal of a district, any remaining revenues, after all outstanding debts are paid, derived from the levy of assessments, or derived from the sale of assets acquired with the revenues, or from bond reserve or construction funds, shall be refunded to the owners of the property or businessesthen located and operating within the district in which assessmentswere levied by applying the samemethod and basis that was used to calculate the assessmentslevied in the fiscal year in which the district is disestablished or expires. All outstanding assessmentrevenue collected after disestablishment shall be spent on improvements and activities specified in the managementdistrict plan. b) If the disestablishment occurs before an assessmentis levied for the fiscal year, the method and basis that was used to calculate the assessmentslevied in the immediate prior fiscal year shall be used to calculate the amount of any refund.
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APPENDIX 2 – ASSESSED BUSINESSES*
3 STEVES WINERY LONGEVITY WINES
ALMOST FAMOUS WINE COMPANY MCGRAIL VINEYARDS AND WINERY
ARROYO CELLARS MITCHELL KATZ
BENT CREEK WINERY MURRIETAS WELL
BOAVENTURA DE CAIRES WINERY OCCASIO WINERY
BODEGAS AGUIRRE OMEGA ROAD WINERY & CELLARS
CADDIS WINES PAGE MILL WINERY
CONCANNON VINEYARD PRUETT FARMS
CUDA RIDGE WINES RETZLAFF VINEYARDS
DANTE ROBERE VINEYARDS RIOS LOVELL WINERY
DARCIE KENT VINEYARDS RODRIGUE MOLYNEAUX WINERY
DEL VALLE WINERY ROSA FIERRO CELLARS
EHRENBERG CELLARS SAKURA WINERY
FAVALORA VINEYARDS & WINERY, INC SHANTI WINERY
FENESTRA WINERY STEVEN KENT WINERY
GARRE VINEYARD & WINERY TENUTA VINEYARD
JMC CELLARS TESLA VINTNERS
LAS POSITAS VINEYARDS WENTE VINEYARDS
LEISURE STREET WINERY WOOD FAMILY VINEYARDS
Jurisdiction list as of December 9, 2025. The list was developed with the most reliable information provided; however, the list may contain discrepancies. This list shall include any future to- be opened businesses. Any business that may have been missed in this list, but is still within the boundaries of the LVWHD, shall also be subject to assessment.
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NOTICE OF PUBLIC MEETING AND PUBLIC HEARING CONCERNING THE RENEWAL
OF THE LIVERMORE VALLEY WINE HERITAGE DISTRICT ( DISTRICT) AND LEVY OF
AN ASSESSMENT ON CERTAIN WINERIES WITHIN THE DISTRICT
NOTICE IS HEREBY GIVEN that on March 9, 2026, the City Council of the City of Livermore City) adopted a Resolution of Intention to renew the Livermore Valley Wine Heritage District District) and to levy an assessment on certain wineries within the District as set forth in the Resolution of Intention.
NOTICE IS HEREBY FURTHER GIVEN that at 7:00 PM, or as soon thereafter as may be heard, on April 27, 2026, at the City Council Chamber, 1016 S. Livermore Avenue, Livermore, CA 94550, a public meeting shall be held pursuant to Government Code section 54954. 6 to allow public testimony regarding the renewal of the District and the levy of assessments therein as set forth in the Resolution of Intention.
NOTICE IS HEREBY FURTHER GIVEN that 7:00 PM, or as soon thereafter as may be heard, on June 8, 2026, at the City Council Chamber, 1016 S. Livermore Avenue, Livermore, CA 94550, has been set as the time and place for a public hearing at which time the City Council proposes to renew the District and to levy the proposed assessment as set forth in the Resolution of Intention.
Location: The renewed District includes all wineries, existing and in the future, located within the boundaries of the County of Alameda and the City of Livermore ( City), as shown on the map in Section III of the Management District Plan ( Plan).
Services: The District is designed to provide specific benefits directly to payors by providing Marketing & Brand Awareness, Advocacy, Quality Enhancement & Education, Professional Development & Education efforts and other improvements and activities set forth in the Management District Plan ( Plan). District services will promote assessed wineries in the District with the goal of increasing winery sales revenue. These services shall be implemented and completed in concert with the District term.
Budget: The total District annual assessment budget for the initial renewal year of its five 5) year operation is anticipated to be approximately $ 550,000. A similar budget is expected to apply to subsequent years, but this budget is expected to fluctuate as sales do and as wineries open and close.
Cost: The annual assessment rate is two percent ( 2%) of gross direct to consumer sales revenue on winery sales. Based on the benefit received, assessments will not be collected on purchases made outside of the state of California. Revenue generated from the District is intended only to provide programs and services for assessed businesses, all of which are located in California. Sales made outside of the state of California are not subject to assessment due to a lack of benefit.
Assessment dollars will not be spent on any programs or activities to benefit
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individual winery businesses outside of the state of California. Assessment dollars may be spent outside of California to elevate the notoriety of the Livermore Valley as a premier winery destination with the desired outcome of increased in - person visitation to businesses paying the assessment.
Collection: The City or a third- party collection agency shall be responsible for collecting the assessment on a quarterly basis ( including any delinquencies, penalties and interest) from each winery located in the boundaries of the District. The City or the third- party collection agency shall take all reasonable efforts to collect the assessments from each winery.
Duration: The District will have a five ( 5) year life, beginning July 1, 2026. After five ( 5) years, the District may be renewed pursuant to the Property and Business Improvement District Law of 1994, Streets and Highways Code section 36600 et seq. ( 94 Law) if assessed wineries support continuing the District programs.
Management: The Livermore Valley Winegrowers Association ( Winegrowers) shall continue to serve as the District Owners’ Association to provide improvements and activities for the District. The Owners’ Association is charged with managing funds and implementing programs in accordance with the Plan and must provide an annual report on activities and expenditures to the City, which is also available to business owners.
Protest: Any owner of a winery business within the renewed District that will be subject to the assessment may protest the renewal of the District. If written protests are received from the owners of winery businesses in the renewed District who represent fifty percent ( 50%) or more of the estimated annual assessments to be levied, the District shall not be renewed and the assessment shall not be imposed.
Written protest may be sent to:
Office of the City Clerk
City of Livermore
1052 S. Livermore Avenue
Livermore, CA 94550
cityclerk@livermoreca. gov
You may also appear at the public meeting or hearing and submit a written protest at that time.
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Information: Should you desire additional information about this proposed District renewal or assessment contact:
Brandi Lombardi, Executive Director
Livermore Valley Wine Community
3585 Greenville Road, Suite 4
Livermore, CA 94550
925) 980 – 3380
Theresa de la Vega, Business Engagement Lead
City of Livermore
Innovation and Economic Development Department
1052 S. Livermore Avenue
Livermore, CA 94550
925) 960-4049
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CITY COUNCIL STAFF REPORT
ITEM NO. 8.2
DATE:
April 27, 2026
TO:
Honorable Mayor and City Council
FROM:
Tina Olson, Administrative Services Director
SUBJECT:
Resolution approving an amendment to the City Attorney's contract.
RECOMMENDED ACTION
City Council recommends the City Council adopt a resolution approving an amendment to the City Attorney's employment contract.
DECISION TYPE
Administrative
SUMMARY
The City Attorney's contract stipulates under Section V.A. that the City Council shall conduct a performance review after 6-months of employment with the City leading to a possible 6% salary increase and an additional $3,000 annually in deferred compensation. City Council conducted the City Attorney's 6-month performance review on April 13, 2026, and is recommending the City Attorney receive a 6% salary increase and an additional $3,000 annually in deferred compensation contributions.
DISCUSSION
The City Attorney's employment contract is dated September 9, 2025, indicates that the City Council shall conduct a performance evaluation after 6-months of employment with the City leading to a possible 6% salary increase and an additional $3,000 annually in deferred compensation contributions. The City Council met in Closed Session with the City Attorney on April 13, 2026, to discuss her performance evaluation. At the Closed Session City Council agreed to provide the City Attorney a 6% salary increase and an additional $3,000 annually in deferred compensation contributions as allowed for in her employment contract.
Council approval would be the first amendment to the City Attorney's contract dated September 9, 2025, to add the following material change: provide a 6% salary increase bringing the City Attorney's annual base salary to $334,185 and an additional $3,000 annually in deferred compensation for a total $10,020 in City funded deferred compensation contributions.
217
FISCAL AND ADMINISTRATIVE IMPACTS
The additional annual net salary and benefits cost $23,618 including increased contributions to CalPERS and Medicare.
COMMUNITY PILLAR
5: A City that Works
GOAL
8: Attract, develop, engage, and retain a diverse and highly skilled workforce across the organization.
ATTACHMENTS
1. Resolution
2. Exhibit A - City Attorney Amended Contract
Prepared by: Tina Olson
Administrative Services Director
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
218
RESOLUTION NO. _________
IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA
A RESOLUTION APPROVING THE AMENDMENT TO THE CITY ATTORNEY’S
EMPLOYMENT CONTRACT
On September 9, 2025, the City Council entered an employment contract with City Attorney, Kimberly D. Cilley. Pursuant to the employment contract, the City Council conducted the City Attorney’s 6-month performance evaluation on April 13, 2026 , and evaluated modifications to terms and conditions of employment presented by the City Attorney after the performance evaluation.
NOW, THEREFORE, BE IT RESOLVED by the Ci ty Council of the City of Livermore that it hereby:
1. Approves modifications to the terms and conditions of the employment contract for the City Attorney, effective May 4, 2026, as described more fully in the 2026 Amendment to the City Attorney’s Employment Contract, attached hereto as Exhibit A; and
2. Authorizes the Mayor, on behalf of th e City o f Livermore , to execute the 2026 Amendment to the City Attorney’s Employment Contract.
On motion of Council M ember___________________, seconded by Council Member ____________________the foregoing resolution was p assed and adopted on April 27, 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED AS TO FORM:
_________________________ /s/ Tara Mazzanti Helena Graves Tara Mazzanti
Acting City Clerk Senior Assistant City Attorney
Exhibit A – Amendment to City Attorney’s Employment Contract 219
EXHIBIT A
220
221
CITY COUNCIL STAFF REPORT
ITEM NO. 11.1
4.1 Confirm Advisory Body appointments to the Historic Preservation Commission, Library Board of Trustees, and the Livermore Housing Authority Board of Commissioners, and direct the City Clerk to administer the oath of office.
Material: PowerPoint Presentation
5.0 Open Forum
Material: Public Comment
6.4 Resolution adopting an updated policy for distribution of Tickets, Passes, and Gifts.
Material: Revised Exhibit A to the Resolution - Revised Policy
7.1 Hearing to receive and consider protests and direct staff to proceed with fieldwork on the abatement of weeds, rubbish, dirt, or refuse on specific described properties under the 2026 Weed Abatement Program.
Material: PowerPoint Presentation
DATE:
April 27, 2026
TO:
Honorable Mayor and City Council
FROM:
Marianna A. Burch, City Manager
SUBJECT:
Supplemental materials received prior to the meeting.
RECOMMENDED ACTION
DECISION TYPE
Not Applicable
SUMMARY
These materials were posted online and made available to the public at the same time that they were distributed to the City Council.
222
7.2 Public Hearing to receive information regarding the City’s job vacancies, recruitment, and retention efforts in accordance with Assembly Bill 2561, as required by Government Code section 3502.3.
Material: PowerPoint Presentation
8.1 Public comment on the renewal of the Livermore Valley Wine Heritage District.
Material: PowerPoint Presentation
8.2 Resolution approving an amendment to the City Attorney's contract.
Material: PowerPoint Presenation
9.0 Council Committee Reports and Matters Initiated by City Manager, City Attorney, Staff, and Council Members.
Material: Council Reports
DISCUSSION
ATTACHMENTS
1. Supplemental Materials
Prepared by: Helena Graves
Acting City Clerk
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
223
1 v
Confirmation of Advisory Body
Appointments
April 27, 2026
Presented by Helena Graves, Acting City Clerk
Advisory Body Appointments
Historic Preservation Commission 1 Vacancy
Reappointment to a regular term ending May 1, 2030
• Richard Hanan
Library Board of Trustees 2 Vacancies
Appointment to a regular term ending June 1, 2029
• Erin Roslund
Reappointment to a regular term ending June 1, 2029
• Nancy Olavarrieta
Livermore Housing Authority 1 Vacancy
Appointment to an unexpired term ending January 1, 2027, and a possible regular term ending January 1, 2031, subject to City Council approval • Dan Knight
1 2
Item 4.1
PowerPoint Presentation
224
2 Recommended Action
The City Council Subcommittee on Advisory Bodies recommends the City Council confirm the advisory body appointments to the Historic Preservation Commission, Library Board of Trustees, and the Livermore Housing Authority Board of Commissioners, and direct the City Clerk to administer the oath of office.
3 Item 4.1
PowerPoint Presentation
225
Item 5.0
Public Comment
226
Item 6.4
Revised Policy
227
228
229
230
231
□
□ □
---------□ □ □ □ □
Payment to Agency Report A Public Document PAYMENT TO AGENCY REPORT California
Form
1. Agency Name
Agency Contact (name and title)
Street Address
Amendment
Date Stamp
Email
Division, Department, or Region (if applicable)
801
(month, day, year)
For Official Use Only
Area Code/Phone Number
Date of Original Filing:
(explain in comment section)
2. Donor Name and Address
Individual Other
NameLast Name First Name
Address City State Zip Code
If “Other” is marked, describe the entity’s business activity (if business) or its nature and interests.
If applicable, identify the name of each source and the amount(s) received by the donor for this payment:
$ $
Name Amount Name Amount
3. Payment Information (Complete Sections 3.1 (a or b), 3.2, 3.3)
3.1 (a) Travel Payment
Location of Travel Dates (month, day, year)
Transportation Provider
Rail Air Bus
Check Applicable Boxes
Auto Other
Name of Lodging Facility
$
Lodging Expenses
$
Meal Expenses
$
Transportation Expenses
$
Other Expenses
$
Total Expenses
3.1 (b) Payment(s) not related to travel: $
Dates (month, day, year) Total Expenses
3.2. Payment Description. Provide a specific description of the payment and its agency purpose and use.
3.3. Identify the officials who used the payment in Section 3.1 (See instructions) Last Name First Name Position/Title Department/Division Last Name First Name Position/Title Department/Division
4. Verification
I authorized the acceptance of the reported payment(s) as in compliance with FPPC regulations.
Signature Print Name Title (month, day, year)
Comment:
(Use this space or an attachment for any additional information) FPPC Form 801 (Jan/18) [email protected]
Item 6.4
Revised Policy
232
Payment to Agency Report
Instructions A Public Document
California
Form 801
This form is used to report certain payments received by state and local government agencies. It includes:
• a payment for an official’s travel expenses for the purpose of facilitating the public’s business in lieu of a payment using agency funds; and
• a payment that would otherwise be considered a gift or income to the benefiting official, but is instead accepted on behalf of the agency.
FPPC Regulations 18944 and 18950.1 provide a procedure that state and local agencies may use to disclose payments used for agency purposes and paid by a third party. The regulations’ reporting procedures provide an alternative means to disclose a payment that may otherwise be considered income or a gift to a benefitting employee and subject to reporting on a Statement of Economic Interest, Form 700.
When and Where to File
An agency accepting a payment pursuant to Regulation 18944 and 18950.1 must complete Form 801 for each payment received regardless of the amount. The form must be maintained as a public document. If payments aggregate $2,500 or more in a calendar quarter, website posting is required.
Website Posting:
State Agencies
Within 30 days after the end of a calendar quarter if aggregated reported payments, for travel and non-travel purposes, total $2,500 or more:
• the agency must post the reports (or a report summary) on the agency website; and
• forward the information to the FPPC which will also post the information.
Local Agencies
The website posting rules differ for travel and non-travel payments.
Travel
Within 30 days after the end of a calendar quarter if aggregated reported payments total $2,500 or more:
• the agency must post the reports (or a report summary) on the agency website; and
• forward the information to the FPPC.
Payments Not Related to Travel
The agency’s filing officer for Statement of Economic Interests, Form 700, must receive the report. Within 30 days after the end of a calendar quarter if aggregated reported payments total $2,500 or more, the local agency must post the information on the local agency website. A report is not sent to the FPPC unless the agency does not have a website.
Postings must be displayed in a prominent manner and easily accessible. Reports may be posted earlier.
FPPC: Statements should be emailed to [email protected].
Statements may also be mailed to 1102 Q Street, Suite 3050, Sacramento, CA 95811 or faxed to (916) 322-3711.
Part 1. Agency Identification
List the agency’s name and address and the name of an agency contact.
Mark the amendment box if changing any information on a previously filed form and include the date of the original filing.
Part 2. Donor Information
Disclose the name and address of the donor. If the donor is not an individual, identify the business activity or nature and interests of the entity.
If the donor received funds from other sources that were used in connection with the payment, disclose the name and payment information for each source.
Part 3. Payment Information
Expenses may be rounded to whole dollars.
Section 3.1.a. Itemize travel payments including departure and return dates. Complete all fields, use “n/a” appropriately. Total the expenses for items such as taxi rides, gratuities, and rental cars in the “other” field and describe in the comments section.
Section 3.1.b. Report agency payments that are not travel related.
Section 3.2. Description
All payments must include a specific description of the use of the payment and the intended purpose for agency business. For example, a travel payment may read: Travel to attend an EPA co-sponsored solar energy seminar in Washington D.C.
Section 3.3. Identify Officials
Travel Payments: The name of the position/title and department of each official who used the payment is required. List the official’s name if he/she is an elected or appointed official. It is not required to list the names of other officials, rather insert “n/a.” Do not leave blank.
Non-Travel Payments: The name, position/title and department of the agency official who used the payment must be identified. All officials’ names are required.
Part 4. Verification
Verification of travel payments must be signed by an authorized agency official. Such individuals are those who have the authority to approve similar travel payments when made with agency funds.
Verification of non-travel payments must be signed by the agency head.
FPPC Form 801 (Jan/18)
FPPC Toll-Free Helpline: 866/ASK-FPPC (866/275-3772)
Item 6.4
Revised Policy233
California
Form
Agency Report of:
1. Agency Name
Designated Agency Contact (Name,Title)
Date Stamp
E-mail
Division, Department, or Region (if applicable)
2. Function or Event Information
Verification
I have read and understand FPPC Regulations 18944.1 and 18942. I have verified that the distribution set forth above, is in accordance with the requirements.
Signature of Agency Head or Designee Print Name
Comment:
FPPC Form 802 (2/2016)
FPPC Toll-Free Helpline: 866/ASK-FPPC (866/275-3772)
(month, day, year)
802
(month, day, year)
For Official Use Only
Area Code/Phone Number
Date of Original Filing:
Ticket(s)/Pass(es) provided by agency?
Was ticket distribution made at the behest
of agency official?
Title
Ceremonial Role Events and Ticket/Pass Distributions
Event Description:
Amendment (Must Provide Explanation in Part 3.)
Provide Title/ Explanation
Official’s Name (Last, First)
If checking “Ceremonial Role” or “Other” describe below:
If checking “Ceremonial Role” or “Other” describe below:
Name of Agency, Department or Unit
Name of Outside Organization
(include address and description)
Name of Individual
(Last, First)
Number
of Ticket(s)/
Passes
Number
of Ticket(s)/
Passes
Number
of Ticket(s)/
Passes
Describe the public purpose made pursuant to the agency’s policy Identify one of the following:
Describe the public purpose made pursuant to the agency’s policy Does the agency have a ticket policy? No
No
Income Other
Other
Ceremonial Role
Ceremonial Role Income
No
Yes
Yes
Yes
Face Value of Each Ticket/Pass $
Date(s)
If no:
Name of Source
If yes:
3. A.
B.
C.
4. A Public Document
Recipients
Use Section A to identify the agency’s department or unit. Use Section B to identify an individual. Use Section C to identify an outside organization.• • • Item 6.4
Revised Policy
234
California
Form 802Agency Report of:
Ceremonial Role Events and Ticket/Pass Distributions
A Public DocumentContinuation Sheet
Agency Name
If checking “Ceremonial Role” or “Other” describe below:
If checking “Ceremonial Role” or “Other” describe below:
If checking “Ceremonial Role” or “Other” describe below:
If checking “Ceremonial Role” or “Other” describe below:
Name of Agency, Department or Unit
Name of Individual
(Last, First)
Name of Outside Organization
(include address and description)
Number
of Ticket(s)/
Passes
Number
of Ticket(s)/
Passes
Number
of Ticket(s)/
Passes
Describe the public purpose made pursuant to the agency’s policy Identify one of the following:
Describe the public purpose made pursuant to the agency’s policy Income
Income
Other
Other
Other
Other
Ceremonial Role
Ceremonial Role
Ceremonial Role
Ceremonial Role
Income
Income
3. A.
B.
C.
Recipients
FPPC Form 802 (2/2016)
FPPC Toll-Free Helpline: 866/ASK-FPPC (866/275-3772)
•Use Section A to identify the agency’s department or unit. •Use Section B to identify an individual. •Use Section C to identify an outside organization.
Item 6.4
Revised Policy
235
This form is for use by all state and local government
agencies. The form identifies persons that receive
admission tickets and passes and describes the public
purpose for the distribution. This form was prepared by the Fair Political Practices Commission (FPPC) and is
available at www.fppc.ca.gov.
General Information
FPPC Regulation 18944.1 sets out the circumstances
under which an agency’s distribution of tickets to
entertainment events, sporting events, and like occasions would not result in a gift to individuals that attend the function. In general, the agency must adopt a policy which identifies the public purpose served in distributing the admissions. The Form 802 serves to detail each event
and the public purpose of each ticket distribution. FPPC Regulation 18942 lists exceptions to reportable gifts,
including ceremonial events, when listed on this form.
When the regulation procedures are followed, persons,
organizations, or agencies who receive admissions
are listed on a Form 802. Agency officials do not report the admissions on the official’s Statement of Economic
Interests, Form 700, and the value of the admission is not subject to the gift limit.
The Form 802 also informs the public as to whether the
admissions were made at the behest of an agency official and whether the behested tickets were provided to an
organization or to specific individuals.
Exception
FPPC This form is not required for admission provided to a school or university district official, coach, athletic director, or employee to attend an amateur event performed by
students of that school or university.
Reporting and Public Posting
Ticket Distribution Policies: An agency must post its
ticket policy on its website within 30 days of adoption or amendment and e-mail a link of the website location to
FPPC at [email protected].
Form 802: The use of the ticket or pass under the policy must be reported on Form 802 and posted on the agency’s website within 45 days of distribution. A link to the website location of the forms must be e-mailed to FPPC at
[email protected].
The FPPC will post on its website the link to each agency’s policy and completed forms. It is not necessary to send an e-mail each time a new Form 802 is posted. It is
only necessary to submit the link if the posting location changes.
This form must be maintained as a public document.
Privacy Information Notice
Information requested by the FPPC is used to administer and enforce the Political Reform Act. Failure to provide information may be a violation subject to administrative, criminal, or civil penalties. All reports are public records available for inspection and reproduction. Direct questions to FPPC’s General Counsel.
Instructions
Part 1. Agency Identification:
List the agency’s name. Provide a designated agency
contact person, their phone number, and e-mail address.
Mark the amendment box if changing any information on
a previously filed form and include the date of the original filing.
Part 2. Function or Event Information:
Confirm that your agency has a policy for ticket
distribution. Unless the ceremonial role or income box in Part 3, Section B, is marked, this form is only applicable if your agency has a policy.
Complete all of the other required fields that identify the ticket value, description of event, date(s) and whether the ticket was provided by the agency or an outside source. If an agency official behests the tickets, the official’s name is also required. Use the comment field or an attachment to explain in full.
Part 3. Ticket Recipients:
This part identifies who uses the tickets. The identification requirements vary depending upon who received the
tickets and are categorized into three sections. Each
section must list the number of tickets received. Use the comment field or an attachment to explain in full.
Section A. Report tickets distributed to agency staff,
other than an elected official or governing board member, pursuant to the agency’s policy. It is not necessary to list each employee’s name, but identify the unit/department for which the employee works. The agency must describe the public purpose associated with the ticket distribution. A reference to the policy is permissible.
Section B. Report: 1) any agency official who performs a ceremonial role; 2) any agency official who reports the value as income; or 3) tickets used by elected officials and governing board members (including those distributed
pursuant to the agency’s policy).
Section C. Report tickets provided to an organization.
The organization’s name, an address (website url is
permissible), and a brief description of the public purpose are required.
California
Form 802Agency Report of:
Ceremonial Role Events and Ticket/Pass Distributions
A Public Document
FPPC Form 802 (2/2016)
FPPC Toll-Free Helpline: 866/ASK-FPPC (866/275-3772)
Item 6.4
Revised Policy
236
1 v
2026 Fire Hazard
Abatement Program
Presented by Ryan Rucker, Deputy Chief
April 27, 2026
2026 Fire Hazard Abatement Program
Hearing to receive/consider protests and direct staff to proceed with the abatement of non-compliant properties
• March 2026: City Council approved Resolution 2026-038 declaring a public nuisance
o Notices have been mailed to the owner of record or current occupant
o Owners have been advised to abate and avoid enforcement o Owners advised of their option to protest at this hearing 1 2
Item 7.1
PowerPoint Presentation
237
2 2026 Fire Hazard Abatement Program
Recommendation
• Staff recommends that the City Council overrule objections to the proposed abatement
o Adopt the attached resolution ordering a contractor to abate • Inspectors will survey all parcels listed for compliance o Those not compliant by May 31, 2026, will be abated
3 Item 7.1
PowerPoint Presentation
238
1 v
Public Hearing to Receive Information
Regarding the City’s Job Vacancies,
Recruitment, and Retention Efforts in
Accordance with Assembly Bill 2561, and as
required by Government Code section 3502.3
April 27, 2026
Presented by:
Kristen Hilton, Human Resources Manager
Background
Assembly Bill 2561 mandates public agencies to:
• Track job vacancies by bargaining unit.
• Present vacancy information and status of recruitment and retention efforts at a public hearing at least once per year.
• Present additional information if the vacancy rate in a bargaining unit is at least 20% and allow recognized employee organizations to make presentations at the hearing.
• Present any necessary changes to policies, procedures, and recruitment activities that may prevent obstacles in the hiring process.
1 2
Item 7.2
PowerPoint Presentation
239
2 Vacancy Rates
Vacancy Rate 2025Vacancy Rate 2024Bargaining Unit
15%13%Association of Livermore Employees
(ALE)
8%13%Livermore Management Group
(LMG)
12%11%Police Officers’ Association (POA)
0%11%Police Management Association
3%9%Unrepresented (Management
Confidential, Confidential, Executive
Management)
12%12%Citywide
Hire and Promotion Activity
*Includes temporary employees
** 2025/2026 data is as of April 2026. Prior years include the entire fiscal year (June through July). 3 4
Item 7.2
PowerPoint Presentation
240
3 Recruitment / Retention Enhancements
• Streamlined Hiring Process
• Competitive Compensation
• Formal Onboarding Program
• Employee Training and Development Opportunities
• Flexible Work Options
Recommended Action
• Receive the presentation for information purposes
only as required by AB 2561.
5 6
Item 7.2
PowerPoint Presentation
241
1 v
Livermore Valley Wine Heritage
District Renewal
Public Meeting
Presented by:
Theresa de la Vega, Management Analyst II
April 27, 2026
Background
• Livermore Valley Wine Heritage
District was established (2021) in
accordance with the state law.
• End date of the current district:
June 30, 2026.
• Petition drive to renew the district
met state law requirements.
• Council adopted a Resolution of
Intent to Renew starting the
renewal process.
1 2
Item 8.1
PowerPoint Presentation
242
2 Renewal Process
Process Date
Council adopted the Resolution of
Intent to Renew declaring petition drive
has succeeded and initializing renewal
process.
March 9, 2026
Written notices were mailed out to
assessed winery businesses.
March 10, 2026
Public Meeting to allow public
testimony and comment. No Council
action required.
April 27, 2026
Final Public Hearing. Council may adopt
the final Resolution of Renewal if
majority protest does not occur .
June 8, 2026
• Staff recommends City Council receive public comment
on the proposed renewal.
• No further Council Action is required.
Recommended Action
3 4
Item 8.1
PowerPoint Presentation
243
1 v
City Attorney Contract Amendment
April 27, 2026
Presented by Tina Olson, Administrative Services Director City Attorney’s Contract Amendment
• City Attorney’s existing contract provides for a 6% salary increase and an additional $3,000 annually in deferred
compensation contribution after City Council completes a 6- month performance review.
• City Council conducted the City Attorney’s 6-month
performance evaluation on April 13th
• City Council recommends the City Attorney receive a 6% salary increase and an additional $3,000 annually in
deferred compensation contributions.
1 2
Item 8.2
PowerPoint Presentation
244
2 City Attorney’s Contract Amendment
Staff recommends City Council adopt a resolution
approving an amendment to the City Attorney
contract effective May 4, 2026.
3 Item 8.2
PowerPoint Presentation
245
Council Member
Date of
Meeting or
Event Committee or Organization Meeting or Event Type Summary of Meeting or Event Mayor Marchand 4/14/2026 Livermore Chamber of Commerce Ribbon cutting Welcomed ECOLAB to Livermore.
Mayor Marchand 4/14/2026 Scouting America Meeting
Met with Troop 950 Webelos and talked about
Livermore history and governance.
Mayor Marchand 4/15/2026 Livermore Chamber of Commerce Mixer Networked with Livermore businesses.
Mayor Marchand 4/15/2026 City of Livermore Police Department Scam awareness presentation. Spoke at and attended program.
Mayor Marchand 4/16/2026 City of Livermore TV30 Mayor's Report Took a job shadow to the taping and provided an
update on City activities.
Mayor Marchand 4/16/2026 Livermore Chamber of Commerce Ribbon cutting Welcomed DJ's mobile bar to Livermore.
Mayor Marchand 4/16/2026 UNCLE Credit Union Meeting Attended Annual Dinner meeting Mayor Marchand 4/17/2026 QUEST Science Center Science Fair Opening reception Participated in the reception.
Mayor Marchand 4/17/2026 Tri-Valley Haven Reception/Dinner Attended and spoke during the program.
Mayor Marchand 4/21/2026 Jackson Avenue School Reading program Read to a class during Abilities Awareness week.
Mayor Marchand 4/22/2026 Chamber of Commerce Monthly Board meeting Approved financials and provided an update on
City activities.
Mayor Marchand 4/22/2026 Vision Recycling Tour Toured the composting facility on Earth Day.
Mayor Marchand 4/22/2026 Livermore Chamber of Commerce Ribbon cutting Welcomed Livermore Embroidery Mayor Marchand 4/22/2026 Day Break Labs Quarterly Board meeting Approved financials and heard Executive Director's
report.
Mayor Marchand 4/22/2026 City of Livermore Birthday celebration Presented a certificate recognizing Mildred Briles
105th birthday.
Mayor Marchand 4/23/2026 Local Agency Formation Commission Interviews Conducted interviews for the Public member.
Mayor Marchand 4/23/2026 Alameda County Transportation Commission Award presentation Presented the Platinum Sneaker Award to
Christensen Middle School.
Mayor Marchand 4/23/2026 Alameda County Transportation Commission Commission Meeting Approved Ramp Intersection Safety Plan Contract
Award.
Item 9.0
Council Reports
246
Council Member
Date of
Meeting or
Event Committee or Organization Meeting or Event Type Summary of Meeting or Event Vice Mayor Wang 4/16/2026 State Senator Jerry McNerney Ribbon cutting for Tri-Valley District Office Joined Senate District 5 elected officials, nonprofit
leaders, and community members to celebrate the
ribbon cutting for our State Senator
Vice Mayor Wang 4/17/2026 Tri-Valley Nonprofit Alliance (TVNPA) "Justice On the Table" Seminar Presentations and discussions with Alameda
County Food Bank and Tri-Valley nonprofit leaders
on building long-term solutions to hunger in the
East Bay
Vice Mayor Wang 4/17/2026 Quest Science Center
VIP reception for Tri-Valley Innovation
Fair
Celebration with Quest Science leadership and
community supporters
Vice Mayor Wang 4/17/2026 Tri-Valley Haven Annual gala
Fundraiser and celebration with elected officials
and supporters of Tri-Valley Haven
Vice Mayor Wang 4/17/2026 Bankhead Livermore Valley Arts Faith Alpher Performance Celebration of her 20 years in comedy with
audience on stage at Bankhead Theater
Vice Mayor Wang 4/18/2026 Korean American Parents Association (KPA) Korean Cultural Festival Performances, games, displays, and food
celebrating the culture of Korea
Vice Mayor Wang 4/20/2026 Tri-Valley Transportation Council Quarterly Board Meeting Approved Tri-Valley Transportation Development
Fee (TVTDF) CCI Adjustment for FY2027 and the
2025 audit. Approved Finance Subcommittee
recommendation to temporarily pause project
funding allocations, in response to slower pace of
TVTDF revenue collection. At each quarterly
meeting, the Board will reevaluate whether to
continue the pause or to begin accepting and
approving funding requests.
Vice Mayor Wang 4/22/2026 Vision Recycling Facility tour See the process of transforming green waste and
wood debris into compost, mulch, and wood chips
Vice Mayor Wang 4/22/2026 Livermore Valley Chamber of Commerce Ribbon cutting Celebration of new Chamber Member, Livermore
Embroidery
Vice Mayor Wang 4/22/2026 City of Livermore Arbor Day tree planting Annual tree planting dedicated to Livermore
second graders
Item 9.0
Council Reports
247
Council Member
Date of
Meeting or
Event Committee or Organization Meeting or Event Type Summary of Meeting or Event Council Member Barrientos 4/15/2026 Ava Community Energy Board meeting Made appointments to the CAC board Council Member Barrientos 4/22/2026
Joint meeting of the Stop Waste and WMA
boards. Board meeting Overview of the Stop Waste Board budget Council Member Barrientos 4/25/2026 City of Livermore School activities 35 vendors ages 5 to 14 from Tracy, Mountain
House, San Jose and Livermore offering 3D
manufactured toys, knitted penguins and home
made treats for sale of course. This event was to
promote entrepreneurial aspirations of young
children
Council Member Barrientos 5/2/2026 City of Livermore Entrepreneurship at a young age 35 vendors displayed their products at Altamont
Creek Elementary. They offered 3D generated
toys, knitted penguins to home made cookies and
brownies
Item 9.0
Council Reports
248
Council Member
Date of
Meeting or
Event Committee or Organization Meeting or Event Type
Council Member Branning 4/14/2026 Sunflower Hill Guest server for Sidetrack fundraiser Council Member Branning 4/14/2026 Livermore Rotary Presenting about Isabel Neighborhood at weekly meeting Council Member Branning 4/15/2026 Livermore Chamber of Commerce Rodeo Chamber Mixer Council Member Branning 4/16/2026 UNCLE Credit Union Annual board meeting Council Member Branning 4/16/2026 CalCities East Bay Division board call Council Member Branning 4/17/2026 Tri-Valley Non-Profit Alliance Justice on the Table forum Council Member Branning 4/18/2026 Quest Science Center Innovation Fair Council Member Branning 4/18/2026 Korean-American Parents Association (KPA) Korean Cultural Festival Council Member Branning 4/21/2026 Livermore Downtown Inc. Board meeting Council Member Branning 4/27/2026 Livermore Amador Valley Transit Authority Projects and services committee Item 9.0
Council Reports
249
Council Member
Date of
Meeting or
Event Committee or Organization Meeting or Event Type Summary of Meeting or Event Council Member Dunbar 4/14/2026 Livermore Chamber
Ribbon Cutting for ECOLAB TriValley
Branch
Council Member Dunbar 4/15/2026
Livermore Chamber of Commerce /
Livermore Stockmen's Rodeo Association Chamber Mixer
Learning basic line dancing to add to the
repertoire.
Council Member Dunbar 4/17/2026 Quest Science Center Innovation Fair Reception Council Member Dunbar 4/18/2026 Tri Valley Korean Parents' Association (KPA) Korean Cultural Festival Nearly won a board game, tried different sweets
and teas, read student-created boards with
information about culture, history, food, sports, and
traditions.
Council Member Dunbar 4/18/2026 Quest Science Center Innovation Fair Strolled the booths, talked with high schoolers
about heat mapping, showed off the Gillig bus
Council Member Dunbar 4/18/2026 Quest Science Center Tri-Valley Innovation Fair Tabled with Asian Pacific American Public Affairs
Association (APAPA), Tri-Valley Chapter, and
TV4BL in a presentation of BIPOC scientists and
innovators
Council Member Dunbar 4/19/2026 Livermore Art Association Spring Art Show At the Bothwell Council Member Dunbar 4/21/2026 Jackson Avenue Elementary PTO Abilities Awareness Reading Read "Six Dots" (a story about Louis Braille) to 4th
grade class.
Council Member Dunbar 4/22/2026 California Bicycle Coalition Biannual Conference Council Member Dunbar 4/23/2026 State Senator Jerry McNerney Dublin Office Opening Item 9.0
Council Reports
250