Agenda packet — Livermore City Council, June 8, 2026 (part 4 of 4)

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construction projects in the Planning Area to offset all pollutant emissions exceeding BAAQMD's daily pollutant thresholds. The offset fees may be paid into BAAQMD's Bay Area Clean Air Foundation (Foundation) in an amount to be determined at the time of mi tigation. This mitigation (AQ -3) does not apply if builder/contractor documents they will not exceed BAAQMD's dailey pollutant threshold, This mitigation includes the following specific requirements:
• For all construction projects occurring in the Planning Area, the applicants for each project shall require their construction contractors to estimate annual construction activity
monitoring data for the following year. All applicants shall submit their estimated construction -related emissions to the City for review by November 1 of each year for the following construction year.
• The City shall review all received construction estimates to ensure they are representative, total the emissions estimates for all construction projects that had activities that would be ongoing during the following construction year, and determine the total mitigation fee that would need to be submitted to BAAQMD to fund offsets for the portion of annual emissions that exceed BAAQMD's average daily thresholds for criteria pollutants.
• In light of the total mitigation fee that was determined, and based on the construction emission amounts submitted by each applicant, the City shall appropriate the mitigation fee amount that would need to be submitted by each project
applicant on a pro rata basis. The City shall issue the required mitigation fee amounts to each applicable project applicant.

R
esponsible Agency/Department/Party Timing of Verification COL City of Livermore CDFW California Department of Fish & Wildlife TM Prior to approval of tentative tract maps Zone 7 Alameda County Flood Control District – Zone 7 USFWS United States Fish and Wildlife Service FM Prior to approval of final tract maps LARPD Livermore Area Recreation and Park District LVJUSD Livermore Valley Joint Unified School District BP Prior to approval of building and/or grading plans BART Bay Area Rapid Transit District LPC Las Positas College C During construction LAVTA Livermore Amador Valley Transit Agency BAAQMD Bay Area Air Quality Management District PC Post construction/on-going

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• Upon receiving the City's assigned mitigation fee amount, the applicants shall enter into a construction mitigation contract with BAAQMD to submit their apportioned mitigation fees.

3.3-4 Implementation of the proposed MM-AQ-1: Require Construction Fleet to Use Renewable Diesel. All applicants proposing development of projects within the Planning Area shall require their contractors, as a condition of contract, to reduce construction-related exhaust emissions by ensuring that all off- road equipment operating for more than 20 total hours over the entire duration of construction activities shall operate o n renewable diesel (such as Diesel high performance renewable).

Renewable diesel is currently commercially available in S an Francisco Bay Area.

MM-AQ-2: Require Use of Diesel Trucks with 2010-Compliant Model Year Engines. All applicants proposing development of projects within the Planning Area shall require their contractors, as a condition of contract, to use diesel trucks that have 2010 model year or newer engines. In the event that 2010 model year or newer diesel trucks cannot be obtained, the contractor must provide documentation to the City showing that a good faith effort to locate such engines was conducted.

MM- AQ-3: Require Payment of Mitigation Fees to Offset Emissions Exceeding BAAQMD's Daily Pollutant Thresholds. The City shall work with BAAQMD's Office of Community Investment and Infrastructure (OCII) to establish City -specific construction emissions offset guidance that can be implemented to assess, determine, and issue mitigation fees that project applicants would be required to pay BAAQMD on a pro rata basis for all concurrently ongoing construction projects in the Planning Area to offset all pollutant emissions exceeding BAAQMD's daily pollutant thresholds. The

COL TM, C
Plan would result in a cumulatively
considerable net increase of a
criteria pollutant for which the
project region is a nonattainment
area for an applicable federal or
state ambient air quality standard
(including releasing emissions that
exceed quantitative thresholds for
ozone precursors).

COL TM, C
COL. TM, C
BAAQMD
Responsible Agency/Department/Party Timing of Verification COL City of Livermore CDFW California Department of Fish & Wildlife TM Prior to approval of tentative tract maps Zone 7 Alameda County Flood Control District – Zone 7 USFWS United States Fish and Wildlife Service FM Prior to approval of final tract maps LARPD Livermore Area Recreation and Park District LVJUSD Livermore Valley Joint Unified School District BP Prior to approval of building and/or grading plans BART Bay Area Rapid Transit District LPC Las Positas College C During construction LAVTA Livermore Amador Valley Transit Agency BAAQMD Bay Area Air Quality Management District PC Post construction/on-going

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offset fees may be paid into BAAQMD's Bay Area Clean Air Foundation (Foundation) in an amount to be determined at the time of mitigation. This mitigation (AQ -3) does not apply if builder/contractor documents they will not exceed BAAQMD's dailey pollutant threshold, This mitigation includes the following specific requirements:
• For all construction projects occurring in the Planning Area, the applicants for each project shall require their construction contractors to estimate annual construction activity
monitoring data for the following year. All applicants shall submit their estimated construction -related emissions to the City for review by November 1 of each year for the following construction year.
• The City shall review all received construction estimates to ensure they are representative, total the emissions estimates for all construction projects that had activities that would be ongoing during the following construction year, and determine the total mitigation fee that would need to be submitted to BAAQMD to fund offsets for the portion of annual emissions that exceed BAAQMD's average daily thresholds for criteria pollutants.
• In light of the total mitigation fee that was determined, and based on the construction emission amounts submitted by each applicant, the City shall appropriate the mitigation fee amount that would need to be submitted by each project
applicant on a pro rata basis. The City shall issue the required mitigation fee amounts to each applicable project applicant.

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• Upon receiving the City's assigned mitigation fee amount, the applicants shall enter into a construction mitigation contract with BAAQMD to submit their apportioned mitigation fees.

3.3-5 Implementation of the proposed Plan
would expose sensitive receptors to
substantial pollutant concentrations from
new sources of toxic air containments.

Mitigation Measure AQ-4: Require Future Projects Located within 1,000 Feet of Receptors Perform a Construction Health Risk Assessment. All applicants proposing development of projects within 1,000 feet of existing sensitive receptors, as defined by the Bay Area Air Quality Management District (BAAQMD), shall prepare a site- specific construction health risk assessment (HRA) taking into account both project-level and cumulative health risks
(including existing TAC sources). If the HRA demonstrates, to the satisfaction of the City, that the health risk exposures for adjacent receptors may be less than BAAQMD project-level and cumulative thresholds (as appropriate), then additional mitigation would be unnecessary. However, if the HRA
demonstrates that health risks would exceed BAAQMD project- level and/or cumulative thresholds (as appropriate), additional feasible on- and offsite mitigation shall be analyzed by the applicant to help reduce risks to the greatest extent practicable.

COL,
BAAQMD

TM, C, PC
R
esponsible Agency/Department/Party Timing of Verification COL City of Livermore CDFW California Department of Fish & Wildlife TM Prior to approval of tentative tract maps Zone 7 Alameda County Flood Control District – Zone 7 USFWS United States Fish and Wildlife Service FM Prior to approval of final tract maps LARPD Livermore Area Recreation and Park District LVJUSD Livermore Valley Joint Unified School District BP Prior to approval of building and/or grading plans BART Bay Area Rapid Transit District LPC Las Positas College C During construction LAVTA Livermore Amador Valley Transit Agency BAAQMD Bay Area Air Quality Management District PC Post construction/on-going

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Energy, Greenhouse Gases, and Climate Change

3.4-2 Implementation of the proposed
Plan would generate GHG emissions,
either directly or indirectly, that
may have a significant impact on the
environment.

MM- GHG-1: Operational GHG Emissions Reduction Measures. Implement the following GHG emissions reduction strategies to guide future development within the Planning Area:

1. Require that a minimum of 20 percent of housing allowed under the proposed Plan be affordable (below market -rate )
hous
ing.

2. Incorporate street and intersection traffic calming measures to a minimum of 25 percent of streets and intersections in the Planning Area. Street traffic calming features may include, but are not limited to, on-street parking, planter strips with street t
rees, chicanes, horizontal shifts (lane centerline that curves or shifts), bollards, rumble strips, and woonerfs, Intersection traffic calming measures may include, but are not limited to, marked crosswalks, count -
down signal timers, curb
extensions, channelization islands, speed tables, raised crosswalks, raised intersections, median islands, tight corner radii, and traffic circles or mini-circles.

3. Expand the existing local bus network in the Planning Area by a
minimum of 25 percent by adding or modifying bus routes to increase accessibility to the BART station at Isabel Avenue.

4. Require all new development to install indoor water efficient appliances and fixtures to achieve a minimum of 15 percent reduction in water usage and require applicants for new development to submit landscape and irrigation plans capable of achieving a minimum of 10 percent reduction in outdoor water usage. The percent reductions should be achieved over baseline water use conditions in the City at the time of

COL TM, FM,
BP, PC
Responsible Agency/Department/Party Timing of Verification COL City of Livermore CDFW California Department of Fish & Wildlife TM Prior to approval of tentative tract maps Zone 7 Alameda County Flood Control District – Zone 7 USFWS United States Fish and Wildlife Service FM Prior to approval of final tract maps LARPD Livermore Area Recreation and Park District LVJUSD Livermore Valley Joint Unified School District BP Prior to approval of building and/or grading plans BART Bay Area Rapid Transit District LPC Las Positas College C During construction LAVTA Livermore Amador Valley Transit Agency BAAQMD Bay Area Air Quality Management District PC Post construction/on-going

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development.

5. Require a minimum solid waste diversion rate of 85 percent to be achieved by 2040.

6. Require electric-only appliances and HVAC (e.g. no natural gas heating, cooling, or cooking).

7. Require employers with more than 50 employees to provide a s
uite of travel demand reduction measures (TDM) capable of reducing single-vehicle trips by at least 20 percent compared to normal trip generation rates.

3.4-3 Implementation of the proposed Plan
would conflict with an applicable plan,
policy, or regulation adopted for the
purpose of reducing the emissions of
GHGs.

MM- GHG-1: Operational GHG Emissions Reduction Measures. Implement the following GHG emissions reduction strategies to guide future development within the Planning Area:

1. Require that a minimum of 20 percent of housing allowed under the proposed Plan be affordable (below market -rate) hous
ing.

3. Expand the existing local bus network in the Planning Area by

COL TM, FM, BP,
PC
Responsible Agency/Department/Party Timing of Verification COL City of Livermore CDFW California Department of Fish & Wildlife TM Prior to approval of tentative tract maps Zone 7 Alameda County Flood Control District – Zone 7 USFWS United States Fish and Wildlife Service FM Prior to approval of final tract maps LARPD Livermore Area Recreation and Park District LVJUSD Livermore Valley Joint Unified School District BP Prior to approval of building and/or grading plans BART Bay Area Rapid Transit District LPC Las Positas College C During construction LAVTA Livermore Amador Valley Transit Agency BAAQMD Bay Area Air Quality Management District PC Post construction/on-going

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a minimum of 25 percent by adding or modifying bus routes to increase accessibility to the BART station at Isabel Avenue.

5. Require a minimum solid waste diversion rate of 85 percent to be achieved by 2040.

6. Require electric-only appliances and HVAC (e.g. no natural gas heating, cooling, or cooking).

7. Require employers with more than 50 employees to provide a s
uite of travel demand reduction measures (TDM) capable of r
educing single-vehicle trips by at least 20 percent compared to normal trip generation rates.

Noise

3.6-1 Implementation of the proposed
Plan could expose persons to or
generate noise levels in excess of
standards established in a local
general plan or noise ordinance or
applicable standards of other
agencies.

MM NOI-1. Implement Traffic Noise Reduction Measures at Existing Sensitive Receptors.

COL TM, BP, C,
PC
Responsible Agency/Department/Party Timing of Verification COL City of Livermore CDFW California Department of Fish & Wildlife TM Prior to approval of tentative tract maps Zone 7 Alameda County Flood Control District – Zone 7 USFWS United States Fish and Wildlife Service FM Prior to approval of final tract maps LARPD Livermore Area Recreation and Park District LVJUSD Livermore Valley Joint Unified School District BP Prior to approval of building and/or grading plans BART Bay Area Rapid Transit District LPC Las Positas College C During construction LAVTA Livermore Amador Valley Transit Agency BAAQMD Bay Area Air Quality Management District PC Post construction/on-going

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(e.g., residential, churches, schools, hospitals) from exceeding the following noise levels for exterior environments: (a) 55 dBA L50 (7:00 a.m. to 10:00 p.m.) (b) 45 dBA L50 (10:00 p.m. to 7:00 a.m.).

In addition, Policy P-ENV-8 under the proposed Plan, described previously, w
ould ensure that noise from noise-generating land uses, as measured from the property line, would be limited as follows:
• In residential areas of the Isabel Neighborhood, exterior noise levels may not exceed 65 dBA from 7:00 a.m. to 12:00 a.m or 60 dBA from 12:00 a.m. to 7:00 a.m.
• Along Main Street and in the office, commercial, or business park areas of the Isabel Neighborhood, exterior noise levels may not exceed 75 dBA from 7:00 a.m. to 12:00 a.m or 65 dBA from 12:00 a.m. to 7:00 a.m.

3.6-3 Implementation of the proposed
Plan could result in a substantial
permanent increase in ambient
noise levels in the project vicinity
above levels existing without the
project.

MM NOI-1. Implement Traffic Noise Reduction Measures at Existing Sensitive Receptors.

Stationary Equipment Noise
Noise from mechanical equipment in the Planning Area could include HVAC and other mechanical equipment (e.g., larger mechanical equipment, emergency generators, etc.). As discussed under Impact 3.6-1 above, Policy P1 under Objective N-1.5 in the City General Plan states that the City shall require that industrial and commercial uses be designed and operated so as to avoid the generation of noise effects on surrounding sensitive land uses (e.g., residential, churches, schools, hospitals) from exceeding the following noise levels for exterior environments: (a) 55 dBA L50 (7:00 a.m. to 10:00 p.m.) (b) 45 dBA L50 (10:00 p.m. to 7:00 a.m.).

In addition, Policy P-ENV-8 under the proposed Plan, described previously, w
ould ensure that noise from noise-generating land uses, as measured from the property line, would be limited as follows:

COL TM, BP,
PC, C
R
esponsible Agency/Department/Party Timing of Verification COL City of Livermore CDFW California Department of Fish & Wildlife TM Prior to approval of tentative tract maps Zone 7 Alameda County Flood Control District – Zone 7 USFWS United States Fish and Wildlife Service FM Prior to approval of final tract maps LARPD Livermore Area Recreation and Park District LVJUSD Livermore Valley Joint Unified School District BP Prior to approval of building and/or grading plans BART Bay Area Rapid Transit District LPC Las Positas College C During construction LAVTA Livermore Amador Valley Transit Agency BAAQMD Bay Area Air Quality Management District PC Post construction/on-going

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• In residential areas of the Isabel Neighborhood, exterior noise levels may not exceed 65 dBA from 7:00 a.m. to 12:00 a.m or 60 dBA from 12:00 a.m. to 7:00 a.m.
• Along Main Street and in the office, commercial, or business park areas of the Isabel Neighborhood, exterior noise levels may not exceed 75 dBA from 7:00 a.m. to 12:00 a.m or 65 dBA from 12:00 a.m. to 7:00 a.m.

Biological Resources

3.7-1 Implementation of the proposed
Plan would have a substantial
adverse effect, either directly or
through habitat modifications, on
special-status species
.

MM-BIO-1: If impacts to special-status plan species are unavoidable, Prepare and implement a salvage, relocation, or propagation and monitoring plan for special-status plant species.

If a protocol-level botanical survey reveals the presence of special-status plant species in the Planning Area, all directly affected areas of special-status plants will be documented by a qualified botanist or ecologist retained by project proponents prior to issuance of grading permits, consistent with Protocols for Surveying and Evaluating Impacts to Special Status Native Plant Populations and Natural Communities State of California (CDFW, 2009).

Documentation will include density and percent cover; key habitat characteristics, including soil type, associated species, hydrology, and topography; and photographs of preconstruction conditions. Impacts to rare (California Rare Plant Rank 1 and 2) native plant species will be avoided where feasible. If impacts to such species are unavoidable, the project proponent will notify USFWS and/or CDFW and a qualified botanist or restoration ecologist will prepare a salvage, relocation, or propagation and monitoring plan in coordination with USFWS and/or CDFW prior to construction to address affected special-status plant species. The plan will include provisions that address the techniques, location, and procedures required for the successful establishment of the plant populations. The plan will include provisions for performance that address survivability COL.

Zone 7,
CDFW,
USFW

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requirements, maintenance, monitoring, implementation, and the annual reporting requirements.

Monitoring and success criteria applicable to special-status plant salvage, relocation, or propagation will require the following.
• At least two surveys by a qualified botanist or ecologist per monitoring year.
• At least 80 percent of the planted area must support vegetation composition and density consistent with reference population conditions.
• At least 80 percent of the planted area must support target species a
mounts similar to reference feature conditions.
• A minimum of five consecutive years of monitoring to ensure success c
riteria are met.
• Remedial actions to restore intended ecological function of planted areas that fail to meet the success criteria for three consecutive years.

MM-BIO-2: Avoid nesting birds where feasible.

Proponents (or their contractors) of specific projects under the proposed Plan shall conduct construction activities outside the bird nesting season (February 1 to August 31) to the extent feasible. If construction initiation is unavoidable during this time, the project proponent or its contractor will retain a qualified wildlife biologist with demonstrated nest-searching experience to conduct preconstruction surveys for nesting birds (including raptors, but excluding burrowing owl) within 300 feet and including the near-term or longer-term improvements environmental footprints. Adjacent lands outside the development footprints will be scanned with binoculars from the limit of ground-disturbance and publicly accessible areas.

Preconstruction surveys will occur no more than three days prior to the onset of ground-disturbing activities (including clearing, grubbing, and Responsible Agency/Department/Party Timing of Verification COL City of Livermore CDFW California Department of Fish & Wildlife TM Prior to approval of tentative tract maps Zone 7 Alameda County Flood Control District – Zone 7 USFWS United States Fish and Wildlife Service FM Prior to approval of final tract maps LARPD Livermore Area Recreation and Park District LVJUSD Livermore Valley Joint Unified School District BP Prior to approval of building and/or grading plans BART Bay Area Rapid Transit District LPC Las Positas College C During construction LAVTA Livermore Amador Valley Transit Agency BAAQMD Bay Area Air Quality Management District PC Post construction/on-going

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staging) at each development area. If active nests are found in the development footprints, the biologist will establish a no-disturbance buffer around the nest and mark the buffer perimeter with high-visibility fencing, flagging, or pin flags. The size of the buffer will be based on the species' sensitivity to disturbance and planned work activities in the vicinity; typical buffer sizes are 250 feet for raptors and 50 feet for other birds. The buffer will remain in place until the nest is no longer active, as determined by the biologist. Buffers for any nests found outside but within 300 feet of the development sites will be established based on the biologist's best professional judgment whether the work would result in nest abandonment.

If a lapse in construction activities of 15 days or longer at a previously surveyed environmental footprint occurs, another preconstruction survey will be conducted.

If structure demolition activities cannot occur outside of the nesting season, the project proponent or its contractor will remove inactive nests from the structure to be demolished and install nest exclusion measures (e.g., fine mesh netting, panels, or metal projectors) outside of the nesting season. All exclusionary devices will be monitored and maintained throughout the breeding season to ensure that they are successful in preventing the birds from accessing the cavities or nest sites. No more than three days prior to structure demolition activities, a qualified biologist will conduct a preconstruction survey of all potential nesting habitat on the structures to be demolished/modified and the surrounding areas for the presence of active nests. If active nests are found on the structures or in the affected area, then demolition/modification activities will not proceed until the biologist verifies that all nests on the structures are inactive.

After all surveys and/or nest deterrence activities are completed at each development footprint, the biologist will complete a memorandum detailing R
esponsible Agency/Department/Party Timing of Verification COL City of Livermore CDFW California Department of Fish & Wildlife TM Prior to approval of tentative tract maps Zone 7 Alameda County Flood Control District – Zone 7 USFWS United States Fish and Wildlife Service FM Prior to approval of final tract maps LARPD Livermore Area Recreation and Park District LVJUSD Livermore Valley Joint Unified School District BP Prior to approval of building and/or grading plans BART Bay Area Rapid Transit District LPC Las Positas College C During construction LAVTA Livermore Amador Valley Transit Agency BAAQMD Bay Area Air Quality Management District PC Post construction/on-going

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the survey effort and results and submit the memorandum to the project proponent within seven days of survey completion.

MM-BIO-3: Avoid burrowing owl nesting where feasible.

Prior to any construction activity planned during the fall and winter non- nesting season (September 1 through January 31) or at any time during the construction process, proponents of projects proposed within the Planning Area will retain a qualified wildlife biologist to conduct a preconstruction survey for burrowing owls. Surveys will be conducted at each area of suitable habitat that will be disturbed no more than seven days prior to ground- disturbing activities and will cover all suitable burrowing owl habitat subject to disturbance pursuant to CDFW's Staff Report on Burrowing Owl Mitigation (California Department of Fish and Game, 2012). If any burrowing owls are found within the disturbance area, the project proponent will notify CDFW and will proceed under CDFW direction.

If construction is planned to occur during the nesting season (February 1 through August 31), the project proponent will retain a qualified wildlife biologist to conduct a breeding season burrowing owl survey in the year prior to construction. The survey will be conducted to determine if there is a breeding pair within approximately 500 feet of each development footprint, unless the biologist determines that a smaller survey buffer around the construction footprint is warranted based on preexisting background disturbance and conditions. Survey visits will be timed in accordance with CDFW guidelines (California Department of Fish and Game, 2012). This will provide the project team advance notice of nesting owls in the development area and allow ample time to discuss appropriate avoidance measures with CDFW. In addition, preconstruction surveys will be conducted no more than seven days prior to ground disturbance in all areas of the development footprint supporting burrowing owl habitat. If the biologist identifies the Responsible Agency/Department/Party Timing of Verification COL City of Livermore CDFW California Department of Fish & Wildlife TM Prior to approval of tentative tract maps Zone 7 Alameda County Flood Control District – Zone 7 USFWS United States Fish and Wildlife Service FM Prior to approval of final tract maps LARPD Livermore Area Recreation and Park District LVJUSD Livermore Valley Joint Unified School District BP Prior to approval of building and/or grading plans BART Bay Area Rapid Transit District LPC Las Positas College C During construction LAVTA Livermore Amador Valley Transit Agency BAAQMD Bay Area Air Quality Management District PC Post construction/on-going

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presence of a burrowing owl nest in an area scheduled to be disturbed by construction, a 660-foot no-activity buffer will be established and maintained around the nest while it is active. Surveys and buffer establishment will be performed by qualified wildlife biologists, and buffers will be coordinated with CDFW by contacting the appropriate CDFW personnel, and will be subject to CDFW review and oversight.

MM-BIO-4: Avoid tricolored blackbird breeding habitat where feasible.

If construction activities in or within 300 feet of freshwater emergent wetland habitat occur during the breeding season (February 1 through August 31), the project proponent will retain a qualified biologist to conduct surveys for the presence of a tricolored blackbird nesting colony or nests. If an active nest colony or nest is observed by the qualified biologist, then a no- disturbance buffer of 250 feet will be established until the end of the breeding season or until the nesting colony or nest is determined inactive by the biologist. Nest buffers may be reduced if site-specific conditions reduce the possibility of near-term or longer-term improvements disturbance, as determined by the qualified biologist in coordination with CDFW.

MM-BIO-5: Avoid western pond turtle where feasible.

Prior to the start of construction within western pond turtle habitat (i.e., any undeveloped areas within 400 feet of riverine aquatic habitat, freshwater emergent wetlands, vernal pools, or seasonal wetlands), proponents of proposed projects within the Planning Area shall retain a biologist approved by the CDFW to survey for western pond turtles. Surveys will be conducted at each habitat area no more than seven days prior to the initiation of ground disturbance at that location. If preconstruction surveys identify active nests, the biologist will establish 50-foot no-disturbance buffer zones around each nest using temporary orange construction fencing with a four-inch-tall gap Responsible Agency/Department/Party Timing of Verification COL City of Livermore CDFW California Department of Fish & Wildlife TM Prior to approval of tentative tract maps Zone 7 Alameda County Flood Control District – Zone 7 USFWS United States Fish and Wildlife Service FM Prior to approval of final tract maps LARPD Livermore Area Recreation and Park District LVJUSD Livermore Valley Joint Unified School District BP Prior to approval of building and/or grading plans BART Bay Area Rapid Transit District LPC Las Positas College C During construction LAVTA Livermore Amador Valley Transit Agency BAAQMD Bay Area Air Quality Management District PC Post construction/on-going

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below the fence. The fencing will be permeable to young turtles and allow them to move away from the nest following hatching. The buffer zones and fencing will remain in place until the biologist has confirmed that the young have left the nest. If non-nesting pond turtles are found in the footprint, the biologist will remove and relocate them to suitable habitat outside the environmental footprint. Relocation sites will be subject to CDFW approval.

MM-BIO-6: Avoid San Joaquin kit fox and American badger where feasible.

Within one year but no less than three months prior initiating construction, proponents of specific projects within the Planning Area will retain qualified biologists to identify potential kit fox and badger dens in the development footprint and surrounding 200 feet. The biologist will prepare a report summarizing the survey observations and results, including maps depicting the locations of potential badger dens and, if possible, occupancy. The report will be submitted to the project proponent and CDFW.

Prior to construction, the project proponent will retain qualified biologists to implement preconstruction surveys of previously identified potential kit fox and badger dens to determine if they are natal kit fox or American badger dens no less than 14 days and no more than 30 days before the initiation of construction at each development footprint (e.g., one week ahead of the construction crew for linear components). Construction activities will not occur within 100 feet of a potential den during the natal period (February 1 to September 30). If a known den or natal den is present within the permanent construction footprint or within 200 feet of the construction footprint during the natal period (100-foot buffer during the nonnatal period), the kit fox or badger will be excluded outside of the natal period (from November 1 to January 31). A summary report will be prepared by the biologists and submit to the project proponent and CDFW following completion of all kit fox or badger avoidance and exclusion activities.

Responsible Agency/Department/Party Timing of Verification COL City of Livermore CDFW California Department of Fish & Wildlife TM Prior to approval of tentative tract maps Zone 7 Alameda County Flood Control District – Zone 7 USFWS United States Fish and Wildlife Service FM Prior to approval of final tract maps LARPD Livermore Area Recreation and Park District LVJUSD Livermore Valley Joint Unified School District BP Prior to approval of building and/or grading plans BART Bay Area Rapid Transit District LPC Las Positas College C During construction LAVTA Livermore Amador Valley Transit Agency BAAQMD Bay Area Air Quality Management District PC Post construction/on-going

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MM-BIO-7: Avoid California tiger salamander and California red-legged frog where feasible.

Proponents of specific projects within the Planning Area shall retain a USFWS and/or CDFW-approved biologist (as appropriate) to identify and flag (pin flags or 4-foot lath) all suitable aquatic habitat for California tiger salamander and California red-legged frog outside of but adjacent to development footprints and ground-disturbance areas prior to staging, vegetation clearing, grading, or other construction activities. The project proponent or its contractor will protect habitat areas by installing orange exclusion and erosion control fencing at the maximum practicable distance from the work site or, if feasible, at least 500 feet from the aquatic habitat edge, wet or dry, to make it easily visible by construction crews.

A qualified biologist will conduct a preconstruction survey each morning before construction activities begin and continue to monitor ground- disturbing construction activities where suitable habitat occurs during all phases of construction to remove any California tiger salamander and California red-legged frogs found in the development footprint. Individual salamanders and frogs will be moved immediately to a relocation site that is a minimum of 330 feet from the construction boundary. The relocation site will be determined in coordination with USFWS and/or CDFW prior to the commencement of construction activities.

Construction activities near drainages and wetland complexes identified as potential movement corridors shall take place between July 1 and October 1, when the California tiger salamander and California red-legged frog are least likely to be present in the development area.

To discourage California tiger salamander and California red-legged frogs from entering the improvements areas via ditches, the ditches will be Responsible Agency/Department/Party Timing of Verification COL City of Livermore CDFW California Department of Fish & Wildlife TM Prior to approval of tentative tract maps Zone 7 Alameda County Flood Control District – Zone 7 USFWS United States Fish and Wildlife Service FM Prior to approval of final tract maps LARPD Livermore Area Recreation and Park District LVJUSD Livermore Valley Joint Unified School District BP Prior to approval of building and/or grading plans BART Bay Area Rapid Transit District LPC Las Positas College C During construction LAVTA Livermore Amador Valley Transit Agency BAAQMD Bay Area Air Quality Management District PC Post construction/on-going

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RESPONSIBLE
FOR

VERIFICATION

TIMING OF

VERIFICATION
equipped with lightweight, one-way flow gates. These will be designed so that water can easily pass from the construction site to the ditches, but small vertebrates such as the salamander or frog cannot move upstream from ditches to the development area.

MM-BIO-8: Avoid Callippe silverspot butterfly where feasible.

Prior to construction, proponents of specific projects within the Planning Area will retain a qualified botanist or biologist with experience in identifying Viola pedunculata, the host plant for Callippe silverspot butterfly, to identify and flag (with pin flags or 4-foot lath) any Viola pedunculata individuals during its blooming season (February to April) when the species is readily identifiable in and within 50 feet of the near-term and longer-term improvements that will affect California annual grassland. The locations of Viola pedunculata outside of the ground disturbance area of the near-term or longer-term improvements will be included on grading plans and avoided by construction personnel.

The biologist will document the number and density of host plants that are unavoidable in development footprints. This information shall be compiled in a report and submit to USFWS prior to initiation of ground disturbance.

The project proponent or its contractor will adhere to the following host plant avoidance measures.
• No herbicide application will occur within 100 feet of host plant populations. Spot application to cut stumps, frilled stems, or injection into stems is acceptable. No broadcast herbicide applications will be used.
• Cut trees that are removed in the vicinity of host plants will be hand carried rather than dragged to disposal areas.
• Avoid or minimize the removal of host plant, Viola pedunculata.

Responsible Agency/Department/Party Timing of Verification COL City of Livermore CDFW California Department of Fish & Wildlife TM Prior to approval of tentative tract maps Zone 7 Alameda County Flood Control District – Zone 7 USFWS United States Fish and Wildlife Service FM Prior to approval of final tract maps LARPD Livermore Area Recreation and Park District LVJUSD Livermore Valley Joint Unified School District BP Prior to approval of building and/or grading plans BART Bay Area Rapid Transit District LPC Las Positas College C During construction LAVTA Livermore Amador Valley Transit Agency BAAQMD Bay Area Air Quality Management District PC Post construction/on-going

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RESPONSIBLE
FOR

VERIFICATION

TIMING OF

VERIFICATION
• Avoid work in suitable habitat during the flight and mating season (mid-May to mid-July) to the extent feasible.

MM-BIO-9: Avoid roosting bats where feasible.

If tree removal and trimming cannot be conducted between September 15 and October 30, proponents of projects implemented under the proposed Plan will retain a qualified biologist to examine trees to be removed or trimmed for suitable bat roosting habitat no more than 2 weeks before removal and trimming. High-quality habitat features (large tree cavities, basal hollows, loose or peeling bark, larger snags, palm trees with intact thatch, etc.) will be identified and the area around these features searched for bats and bat signs (e.g., guano, culled insect parts, urine staining, etc.).

Mixed willow riparian scrub and stands of mature broadleaf trees should be considered potential habitat for solitary foliage-roosting bat species. Passive monitoring using full spectrum bat detectors may be needed if identification of bat species is required. Survey methods will be discussed with CDFW prior to the start of surveys.

Measures to avoid and minimize impacts on sensitive bats species will be determined in coordination with CDFW and may include the following. • Tree removal will be avoided between April 1 and September 15 (the maternity period) to avoid effects on pregnant females and active ma
ternity roosts (whether colonial or solitary).
• All tree removal will be conducted between September 15 and October 30, which corresponds to a time period when bats have not yet entered torpor or would be caring for nonvolant (non-flying) young.
• Each tree will be removed in pieces rather than felling the entire tree. • If a maternity roost is located, whether solitary or colonial, that roost will remain undisturbed until September 15 or a qualified biologist Responsible Agency/Department/Party Timing of Verification COL City of Livermore CDFW California Department of Fish & Wildlife TM Prior to approval of tentative tract maps Zone 7 Alameda County Flood Control District – Zone 7 USFWS United States Fish and Wildlife Service FM Prior to approval of final tract maps LARPD Livermore Area Recreation and Park District LVJUSD Livermore Valley Joint Unified School District BP Prior to approval of building and/or grading plans BART Bay Area Rapid Transit District LPC Las Positas College C During construction LAVTA Livermore Amador Valley Transit Agency BAAQMD Bay Area Air Quality Management District PC Post construction/on-going

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RESPONSIBLE
FOR

VERIFICATION

TIMING OF

VERIFICATION
has determined the roost is no longer active.
• If avoidance of nonmaternity roost trees is not possible, and tree r
emoval or trimming must occur between October 30 and September 15, qualified biologists will monitor tree trimming and removal. If p
ossible, tree trimming and removal should occur in the late afternoon or evening when it is closer to the time that bats would normally arouse. Prior to removal and trimming, each tree will be shaken gently and several minutes should pass before felling trees or limbs to allow bats time to arouse and leave the tree. The biologists will search downed vegetation for dead and injured bats. Th e
p
resence of dead or injured bats that are species of special concern will be reported to CDFW. The biologist will prepare biological monitoring report, which will be provided to the project proponent and CDFW.

3.7-2 Implementation of the proposed MM-BIO-10: Avoid and protect riparian habitat during construction.

Proponents of specific projects under the proposed Plan will ensure that a qualified resource specialist (i.e., biologist, botanist, or ecologist) will clearly identify riparian habitat to be preserved abutting the development area and outside of the direc t construction area with high -
visibility construction
fencing or markers (e.g., lathe or pin flags) before site preparation.

Construction will not encroach upon sensitive natural communities identified by the resource specialist. The resource specialist wi ll use the project's verified wetland delineation, soils data, and land cover data to confirm the location of riparian habitat boundaries based on existing conditions at the time of the avoidance marking. Exclusion fencing or markers will be installed before construction activities are initiated, and the fencing will be maintained throughout the construction period. No construction activity, traffic, equipment, or materials will be permitted in fenced sensitive natural COL. TM, C
Plan would not adversely affect
riparian habitat and/or other
sensitive natural communities in the
ZONE 7,
USFW,
CDFW
Planning Area.

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RESPONSIBLE
FOR

VERIFICATION

TIMING OF

VERIFICATION
community areas. Exclusion fencing and markers will be removed following completion of construction activities.

All conditions imposed by State and federal permits for individual improvements will be clearly identified in the construction plans and specifications and monitored during and after construction to ensure compliance.

MM-BIO-11: Compensate for loss of riparian habitat.
• For direct effects on woody riparian trees that cannot be avoided , proponents of specific projects under the proposed Plan will compensate for the loss of riparian habitat to ensure no net loss o f habitat functions and values. Compensation ratios will be b ased on site-specific information and determined through coordination with the appropriate State and federal agencies during the permitting process. At a minimum, the compensation ratio will be 2:1 (e.g., two acres restored/created/enhanced or credits purc hased for every 1 acre removed) for permanent impacts and 1:1 for temporary impact s (
where riparian habitat will regenerate to pre -activity character within one year). Compensation may be a combination of offsite restoration or mitigation credits. The proj ect proponent or its contractor will develop a restoration and monitoring plan that describes how riparian habitat will be enhanced or recreated and monitored over at least 5 years, or as determined by the appropriate State and federal agencies.
• If the project proponent identifies suitable onsite areas (adjacent to the permanent construction footprint) that are outside the development footprint and chooses to compensate onsite or in the project's vicinity, a revegetation plan will be prepared. The revegetation plan will be developed prior to the removal of existing riparian vegetation and will be conducted onsite or in the near-term Responsible Agency/Department/Party Timing of Verification COL City of Livermore CDFW California Department of Fish & Wildlife TM Prior to approval of tentative tract maps Zone 7 Alameda County Flood Control District – Zone 7 USFWS United States Fish and Wildlife Service FM Prior to approval of final tract maps LARPD Livermore Area Recreation and Park District LVJUSD Livermore Valley Joint Unified School District BP Prior to approval of building and/or grading plans BART Bay Area Rapid Transit District LPC Las Positas College C During construction LAVTA Livermore Amador Valley Transit Agency BAAQMD Bay Area Air Quality Management District PC Post construction/on-going

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RESPONSIBLE
FOR

VERIFICATION

TIMING OF

VERIFICATION
or longer-term improvements vicinity to the extent feasible; however, mitigation site selection will avoid areas where future development or maintenance are likely. The revegetation plan will be prepared by a qualified botanist or restoration specialist with experience in riparian restoration and reviewed by the appropriate agencies. The revegetation plan will specify the planting stock appropriate for each riparian land cover type and each mitigation site, ensuring the use of genetic stock from the corresponding developmen t area by project.

The plan will employ the most successful techniques available at the time of planting. Success criteria will be established as part of the plan and will include a minimum of 70 percent revegetation success after three years, 80 percent revegetation success at the end of five years, and 75 percent vegetative coverage after five years.
• The project proponent or its contractor will retain a qualified botanist, restoration ecologist, or biologist with experience in riparian restoration to monitor the plantings as necessary for five years. The project proponent or its contractor will be responsible for maintaining the plantings, including managing invasive plants (as defined by the California Invasive Plant Council) and other weeds, and implementing irrigation and plant protection if necessary. The project proponent or its contractor will submit annual monitoring reports to the regulatory agencies issuing permits related to habitat effects, including CDFW, USACE, and USFWS. Replanting will be necessary if success criteria are n
ot met, and replacement plants subsequently will be monitored and maintained to meet the success criteria. The riparian habitat mitigation will be considered successful when the sapling trees established meet the success criteria, the habitat no longe r requires substantial active management, and vegetation is arranged in groups that, when mature, replicate the area, natural structure, stratification, and species composition of similar riparian habitats in the region.

Responsible Agency/Department/Party Timing of Verification COL City of Livermore CDFW California Department of Fish & Wildlife TM Prior to approval of tentative tract maps Zone 7 Alameda County Flood Control District – Zone 7 USFWS United States Fish and Wildlife Service FM Prior to approval of final tract maps LARPD Livermore Area Recreation and Park District LVJUSD Livermore Valley Joint Unified School District BP Prior to approval of building and/or grading plans BART Bay Area Rapid Transit District LPC Las Positas College C During construction LAVTA Livermore Amador Valley Transit Agency BAAQMD Bay Area Air Quality Management District PC Post construction/on-going

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RESPONSIBLE
FOR

VERIFICATION

TIMING OF

VERIFICATION

3.7-3 Implementation of the proposed MM-BIO-12: Avoid and protect wetlands during construction. COL. TM, C Plan would not adversely affect
federally protected wetlands and
other waters regulated under
Section 404 of the Clean Water Act.

Proponents of specific projects under the proposed Plan will ensure that a qualified resource specialist (i.e., wetland biologist, ecologist, or soil scientist) will clearly identify wetland areas to be preserved abutting the development area and wetland areas outside of the direct construction area with high-visibility construction fencing or markers (e.g., lathe or pin flags) before site preparation. Construction will not encroach upon jurisdictional wetlands identified by the resource specialist. The resource specialist will use the development footprint and verified wetland delineation to confirm the location of wetland boundaries based on existing conditions at the time of the avoidance marking. Exclusion fencing or markers will be installed before construction activities are initiated, and the fencing will be maintained throughout the construction period. No construction activity, traffic, equipment, or materials will be permitted in fenced wetland areas.

Exclusion fencing and markers will be removed following the completion of construction activities.

ZONE 7,
USFW,
CDFW
All conditions imposed by the projects' State and federal permits will be implemented as part of the construction, with ultimate enforcement oversight by applicable State and federal agencies. The conditions will be clearly identified in the construction plans and specifications and monitored during and after construction to ensure compliance.

MM-BIO-13: Compensate for impacts on jurisdictional wetlands and non - wetland waters of the United States (aquatic resources) prior to near-term and longer -term improvements impacts during
construction.

If projects impact jurisdictional wetlands and non-wetland waters, proponents of these specific projects under the proposed Plan will develop an aquatic resource (wetlands and non-wetland waters of the United States) mitigation plan, subject to approval by the USACE, which will ensure no net Responsible Agency/Department/Party Timing of Verification COL City of Livermore CDFW California Department of Fish & Wildlife TM Prior to approval of tentative tract maps Zone 7 Alameda County Flood Control District – Zone 7 USFWS United States Fish and Wildlife Service FM Prior to approval of final tract maps LARPD Livermore Area Recreation and Park District LVJUSD Livermore Valley Joint Unified School District BP Prior to approval of building and/or grading plans BART Bay Area Rapid Transit District LPC Las Positas College C During construction LAVTA Livermore Amador Valley Transit Agency BAAQMD Bay Area Air Quality Management District PC Post construction/on-going

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SUMMARY OF IMPACT SUMMARY OF MITIGATION MEASURE AGENCY

RESPONSIBLE
FOR

VERIFICATION

TIMING OF

VERIFICATION
loss of wetlands from development impacts. The plan will detail the amount and type of wetlands (based on the projects' verified wetland delineation) that will be compensated for (through preservation, creation, or restoration) for impacts on existing wetlands and non-wetland waters of the United States (aquatic resources), and outline the monitoring and success criteria for the compensation wetlands and non-wetland waters of the United States.

Additional enhancement options include fish barrier removal, riparian restoration, floodplain restoration, and streambank layback to improve overall ecologic function and connectivity of wetland and non-wetland waters. Enhancement sites will be located as near the impact location as possible but, in the event that local enhancement opportunities are not available, such activities will occur within the same stream system or watershed to provide improved ecologic function and connectivity of wetlands and non-wetland waters affected by development activities.

Monitoring and success criteria applicable to created or restored wetlands will require the following.
• At least two surveys by a qualified wetland biologist, botanist, or ecologist per monitoring year.
• At least 80 percent of the created or restored features support vegetation consistent with reference feature conditions. • At least 80 percent of the created or restored features support hydrologic regimes similar to reference feature conditions. • A minimum of five consecutive years of monitoring to ensure success criteria are met.
• Remedial actions to restore intended ecological function of created or restored features that fail to meet the success criteria for three consecutive years.

Responsible Agency/Department/Party Timing of Verification COL City of Livermore CDFW California Department of Fish & Wildlife TM Prior to approval of tentative tract maps Zone 7 Alameda County Flood Control District – Zone 7 USFWS United States Fish and Wildlife Service FM Prior to approval of final tract maps LARPD Livermore Area Recreation and Park District LVJUSD Livermore Valley Joint Unified School District BP Prior to approval of building and/or grading plans BART Bay Area Rapid Transit District LPC Las Positas College C During construction LAVTA Livermore Amador Valley Transit Agency BAAQMD Bay Area Air Quality Management District PC Post construction/on-going

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RESPONSIBLE
FOR

VERIFICATION

TIMING OF

VERIFICATION
Once the plan is approved, the project proponent will implement the aquatic resource compensation measures prior to the initiation of development construction. The project proponent will be responsible for funding compensatory mitigation, monitoring of the created or restored features per the mitigation plan, and any remedial actions necessary. All conditions that are attached to the State and federal permits will be implemented as part of the development project, with ultimate enforcement oversight by applicable State and federal agencies. The conditions will be clearly identified in the construction plans and specifications and monitored during and after construction to ensure compliance.

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(1) Areas within the California Water Service Area do not pay a City water connection fee. Areas within the Greenville/Vasco Assessment District or within T
riad Park do not pay a City water connection fee. The fee for a single family residential unit is the 5/8 inch meter fee. (2) All projects within the Downtown Specific Plan are subject to both City Wide General Plan & Downtown Specific Plan cost recovery. Any project that paid p
lanning entitlement fees prior to July 27, 2008 is not subject to this fee, regardless of when they pull building permits.

NOTE: Subject to adjustment each year per Construction Cost Index NOTE: No impact fees can be charged for ADUs less than 750 square feet. Impact fees allowed for ADUs 750 square feet or larger but shall be charged proportionately in relation to square footage of the primary dwelling.

TYPE OF FEE CITY CODE AND

RESOLUTION WHEN PAYABLE AMOUNT OF FEE
City Storm Drainage Title 13.44.020,050,100
Ord. 1923
Reso. 2010-177
With Building Permit $0.49/SF
Impervious Surface
County Storm Drainage
Building Zone 7

ACFC & WCD
Co. Ord. 0-2010-001
Reso. R-2001-4
With Building Permit $1.00/SF
Impervious Surface
County Storm Drainage
Public Improvements e.g.
streets, sidewalks,
trails, etc.

ACFC & WCD
Co. Ord. 0-2010-001
Reso. R-2001-4
With filing of Final Map
or approval of
Improvement Plans
$1.00/SF
Impervious Surface
County Storm
Drainage - Capital
Improvements

ACFC & WCD
Co. Ord. 0-2010-001
Reso. R-2001-4
With award of
contract
$1.00/SF
Impervious Surface
Sanitary Sewer
Connection
Title 13.28.050
Ord. 1740
Reso. 2010-177
With Building Permit See Attached
Exhibit "A"
Park Land Dedication Title18.32.020
Ord. 1744
Reso. 2004-259
Concurrently with, or
before the filing of the first
parcel or final map
The City may approve a credit against the Park Facilities Fee for park land dedication made under LMC 18.32.020. The credit may not exceed the value of the dedication requirement. See LMC 12.60.070 for credit details N/A for Non-Residential
Park Facilities Fee Title 12.60
Ord. 1743
Reso. 2005-152
With Building Permit See Attached
Exhibit "B"
City Water
Connection (1)
Title 13.20.020
Ord. 1507
Reso. 2010-177
With Building Permit 5/8" $4,839
3/4" $7,259
1" $12,098
1-1/2" $24,196
2" $38,714
Price per User for Meter Size, FOR LARGER METERS, INQUIRE Alameda County Ord. FC 72-1 as With Building Permit 5/8" $29,440 Water Connection amended by 3/4" $44,160
Zone 7 FC-96-1792 and See Zone 7 Attachment 1" $73,600
updated 10-20-10 Price per User for Meter Size, FOR LARGER METERS, INQUIRE In-Lieu Low Income
Housing Fee
Title 3.26
Reso. 2020-186
With Building Permit $29.23/SF for all residential housing developments 10 units or less. Projects more than 10 units are subject to must-build requirement of ordinance. (Residential)
For Sale & Neighborhood
Plan Areas
Ord. 1988 and 1989
Rental projects 10 units or less are exempt from In-Lieu. Effective 7/28/21, on-site requirement applies for 11+unit projects.

Low Income Housing Title 3.26 With Building Permit Commercial Unit KSF Fee per Unit Impact Fee Reso. 99-18 Retail Commercial KSF $1,935
(Commercial and Ord. 1549 Discount/Service Retail KSF $1,457 Industrial) Office Commercial KSF $1,243
Hotels/Motels Room $949
Industrial
Manufacturing KSF $597
Warehouse/Storage KSF $173
Business/Commercial KSF $1,234
Industrial, High Intensity KSF $612
Industrial, Low Intensity KSF $387

EXHIBIT D
567

TYPE OF FEE CITY CODE AND

RESOLUTION WHEN PAYABLE AMOUNT OF FEE
Traffic Impact Fee

NOTE: If special
Assessment District
exists, special
calculations are required
For info regarding the
appropriate
development categories
see Section 12.30 of
the City of Livermore
Municipal Code
With Building Permit

See Attached Exhibit "C"

Reso 2005-151
Ord. 1742

Tri-Valley
Transportation
Development (TVTD)
Fee

See Attached Annual
Adjustment to TVTD Fee
Title 12.24.050
Ord. 2012
Reso. 2014-184

*Reso 2015-01
**Reso 2019-03
With Building Permit Residential
Single family
Multi-family
Affordable Housing*
ADU/SDU**
Non Residential
Retail
Office
Industrial
Fee Per Unit
$5,057.00
$3,484.00
$0.00
$0.00
Per KSF
$3,740.00
$8,590.00
$5,000.00
Average Peak Hour Trip
Other $5,620.00
SCHOOL IMPACT FEES:

The City of Livermore collects School Mitigation Development Fees (school fees) on behalf of the Livermore Valley Joint Unified School District. The fees must be paid for by cash or a check made out to the City of Livermore. Fees are due upon issuance of a qualifying building permit.

See Attached Exhibit "D"

SOCIAL / HUMAN SERVICES FACILITY
Social/Human Services
Facility Fee
Title 12.70
Ord. 1851
With Building Permit See Attached
Exhibit "E"

ART IN PUBLIC PLACES
Art in Public Places Fee Ord. 1836 Title 12.51 0.33% of total project valuation

DOWNTOWN SPECIFIC PLAN DEVELOPMENT FEES

TYPE OF FEE CITY RESOLUTION AMOUNT OF FEE
In-Lieu Payment for Public Open Space Resolution 2005-041 $50 per square foot of required open space In-Lieu Parking Fee Resolution 2017-006

$20,745.40
Downtown Revitalization Fee Title 12.32 Residential Fee Per Unit Dwelling Unit $6,334
Non Residential (6) Per SF
Retail/Office $19.52
SOUTH LIVERMORE VALLEY SPECIFIC PLAN DEVELOPMENT FEES (1)

TYPE OF FEE CITY CODE AND RESOLUTION FEE PER RESIDENTIAL UNIT Plan preparation fee Resolution 2003-114 $1,559
Recycled water fee Resolution 98-175 20% of the current Alameda County Water Connection Fee
Major attraction fee Resolution 2003-114 $1,428
South Livermore Road Improvement fee Resolution 2003-114 $11,990 City Wide - Transferrable Development Credits (TDC) Program In-Lieu Fee Ordinance 1979, Development Code Section 4.02.06D

1.5 Credits per single-family detached dwelling, in excess of baseline density within a density range of 1-7 du/acre, 1.25 credits per single family detached dwelling in excess of baseline density within a density range of 8-14 du/acre and 1/2 credit per multi-family attached dwelling - Current In- Lieu credit is $16,352.31. TDC Ordinance does not apply to residential projects in Downtown Specific Plan, affordable units covered by an agreement and residential projects that have received housing units through the City's Housing Implementation Program (HIP).

(1) Areas within the California Water Service Area do not pay a City water connection fee. Areas within the Greenville/Vasco Assessment District or within Triad Park do not pay a City water connection fee. The fee for a single family residential unit is the 5/8 inch meter fee. (2) All projects within the Downtown Specific Plan are subject to both City Wide General Plan & Downtown Specific Plan cost recovery. Any project that paid planning entitlement fees prior to July 27, 2008 is not subject to this fee, regardless of when they pull building permits.

EXHIBIT D
568

EXHIBIT A
Wastewater Connection Fee Schedule
(fees Calculated from base year)
Avg Daily Wastewater
Cost Per
GPD

Cost Per
Unit

User Classification
Flow Factor
Gallons Per Day/Unit

Unit1
Residential (BOD & SS = 285 mg/L)
Single-family residential 180 House $40.11 $7,219.83
Multi-family residential
Studio 95 Residential Unit $40.11 $3,810.47
One Bedroom 107 Residential Unit $40.11 $4,291.79
Two Bedroom 138 Residential Unit $40.11 $5,535.21
Three Bedroom 157 Residential Unit $40.11 $6,297.30
Four Bedroom 180 Residential Unit $40.11 $7,219.83
Commercial (BOD & SS = 285 mg/L unless otherwise shown) Auto repair shops/Auto dealers 0.11 Square Foot of Bldg $40.11 $4.41 Assembly Facilities2 0.15 Square Foot of Bldg $40.11 $6.02 Eating drinking facilities w/o cooking 0.35 Square Foot of Bldg $40.11 $14.04 Gas Stations 0.47 Square Foot of Bldg $40.11 $18.85
General Use 0.04 Square Foot of Bldg $40.11 $1.60
Gyms, Health Clubs 0.30 Square Foot of Bldg $40.11 $12.03 Hotels, Motels (excluding dining facilities) 0.15 Square Foot of Bldg $40.11 $6.02 Markets 0.19 Square Foot of Bldg $40.11 $7.62
Mixed Use3 0.10 Square Foot of Bldg $40.11 $4.01
Medical/Dental Office/ Clinic 0.22 Square Foot of Bldg $40.11 $8.82 Restaurants (1,000 mg/L BOD, 600 mg/L SS) 0.55 Square Foot of Bldg $59.10 $32.51 Warehouse/Distribution 0.01 Square Foot of Bldg $40.11 $0.40 Industrial/Other (Other Wastewater Customers Not Listed Above) Calculate Case-by-Case Based on Actual Flows/Strengths and Following Rates Connection Fee = (F x "Flow") + (B x "BOD") + (S x "SS") F = Flow cost $/gpd $31.06
B = BOD cost $/lb-day $2,702.16
S = SS cost $/lb-day $1,099.96
discharge
flow, in
"BOD" = The

"SS" = The

Governing Municipal Code Section: 13.28.050
Index Used: ENR 20- City Construction Cost Index

Indices:

Index Date
Index Value

Discussion:

Notes:

1. Building square footage means the square footage sum of the floor area at each floor level included with the surrounding principal outside faces of exterior walls of a building or portions thereof, including mezzanines and lobbies. It does not include floor area devoted to vehicle parking, necessary interior driveways and ramps. The gross floor area of a building or portions thereof that doesn't have surrounding exterior walls shall include the usable area under the horizontal projection of the roof or floor above.

2. Theaters can alternately estimate daily flow based on 2 gallons per seat ($80.22 per seat)

3. Mixed Use applies to parcels with Mixed Use zoning and in the Downtown Core District only.

4. This value is based by formula on BOD

6. Adjustments. The city council may, by resolution, adjust the fee schedule, including the flow factors, from time to time.

Once the fee is established, it shall automatically be increased annually based upon the Engineering News Record (ENR) 20- City construction Cost Index. In calculating the adjustment, the rate (in each use category, including the flow, BOD and SS costs) for the base year is multiplied by the index for the then-current year, divided by the base year index.

The base year unit fees for Flow, BOD, and SS were determined in the March 2010 Wastewater, Water, Storm Drain Connection Fee Study for Expansion of Sanitary Sewer, Water Reclamation Plant, and Wastewater Disposal Facilities prepared for the City of Livermore by Craig R. Lawson Utility Management Consultant.

Base
Year
(A)
Previous
Fee
Update
(B)
Current
Fee Update
(C)
% Change
Previous Update
to Current Update

(D) =(C/B)-1
May-10 May-20 May-21
8,761.47 11,418.16 11,989.91 5.01%

EXHIBIT D
569

EXHIBIT B
Park Facilities Fee Schedule

LAND USE TOTAL FEE
Residential (per dwelling unit)
Single Family (& 4 bedroom multi-family) $21,155
Multi-Family 3 bedrooms $18,406
Multi-Family 2 bedrooms $16,221
Multi-Family 1 bedroom $12,552
Multi-Family Studio $11,215
Senior Housing $3,599
Non-Residential (per 1,000 sq ft)
Commercial $2,682
Office $3,835
Industrial $1,783
Warehouse $1,339

Source - Park Facilities Fee Study (2004) Table 8; MuniFinancial

EXHIBIT D
570

EXHIBIT C
Traffic Impact Fees Schedule
Land Uses Units of Use Fee Rates
Citywide Except Downtown
Residential
Single-Family d.u. $10,546
Multi-Family
Studio d.u. $4,915
1 Bedroom d.u. $5,502
2 Bedroom d.u. $7,110
3 or more Bedroom d.u. $8,314
Senior Housing d.u. $3,236
Commercial K s.f. $28,641
Office K s.f. $18,335
Industrial K s.f. $11,384
Warehouse K s.f. $5,751
Hotel/Motel per/room $8,268
Downtown Specific Plan
Multi-Family
Studio d.u. $3,017
1 Bedroom d.u. $3,378
2 Bedroom d.u. $4,365
3 or more Bedroom d.u. $5,104
Commercial K s.f. $12,968
Other Average Peak Hour Trip $13,179

EXHIBIT D
571

Exhibit "D"

LIVERMORE VALLEY JOINT UNIFIED SCHOOL DISTRICT

SUMMARY OF SCHOOL MITIGATION PROGRAM
Livermore Valley Joint Unified School District Resolution: 044 - 19/20 Fee Effective May 18, 2020 (see attached Reso)
INDUSTRIAL/WAREHOUSE/MANUFACTURIN $0.66/sq.ft.

OFFICE $0.66/sq.ft.

RESEARCH & DEVELOPMENT $0.66/sq.ft.

HOSPITALS $0.66/sq.ft.

RETAIL & SERVICES $0.624/sq.ft.

HOTEL/MOTEL: $0.316/sq.ft.

SELF STORAGE $0.18/sq.ft.

RESIDENTIAL: $4.08/sq.ft.
(Includes single family home, multi-family home, manufactured home, and mobile home)

SENIOR HOUSING $0.66/sq.ft.
(Includes manufactured home or mobile home located in a mobile home park, subdivision, cooperative or condiminium for mobile homes limited to 55 and older residents.)

RESIDENTIAL ADDITIONS $4.08/sq.st. (501 sq.ft. or more) (Residential additions 500 sq.ft. or less and senior housing projects are exempt)

* Additions are cumulative over time to a limit of 500 sf before fees are assesed. Once assessed, fees are paid on the entire added square footage.

** The fee owed is based upon the fee amount in effect at the time the fee is paid.

LIVERMORE VALLEY JOINT UNIFIED SCHOOL DISTRICT
685 East Jack London Blvd, Livermore, Ca 94551

FACILITIES PLANNING AND CONSTRUCTION
Jan Shipley, Construction Supervisor (925) 606-3390
Facilities Fax Number (925) 606-3327

EXHIBIT D
572

EXHIBIT E
Social and Human Service Facility Fee Schedule
Land Uses Units of Use Fee Rates
Residential Uses
Single-Family Detached d.u. $1,677
Single-Family Attached d.u. $1,415
Multi-Family d.u. $1,298
Mobile Home d.u. $996
Secondary Unit d.u. $996

Non-Residential Uses

Commercial
Office K s.f. $7
Retail K s.f. $5
Service K s.f. $5

Industrial
Manufacturing/R&D K s.f. $3
Warehousing K s.f. $2
Office K s.f. $6
Construction/Repair/Wholesale K s.f. $3
Other Non-Residential K s.f. $5

EXHIBIT D
573

ALAMEDA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, ZONE 7 100 NORTH CANYONS PARKWAY, LIVERMORE, CA 94551  PHONE (925) 454-5000  FAX (925) 454-5727 (FC)

December 28, 2020
Subject: 2021 Update for Development Impact Fee for Flood Protection and Storm Water Drainage

This letter is to inform Zone 7’s development community that the Flood Protection and Storm Water Drainage Development Impact Fee (DIF) for 2020 will remain to be $1.00 per square foot of new impervious area, for the time being. Please continue to utilize the existing Development Impact Fee Impervious Surface Calculations worksheet (enclosed), which is also available in Adobe PDF format on Zone 7’s website www.zone7water.com, located under the Quick Links column under Permits & Fees.

Developers (or property owners) need to submit to the collecting City/County agencies, prior to approval of any final map and/or issuance of any building (or use) permit, a current Development Impact Fee Impervious Surface Calculations worksheet and associated plot plan for each individual building lot (or Parcel) requiring a building (or use) permit and any Parcel/Tract proposing streets, sidewalks, or other non-building impervious areas in its development. All impervious square-footage of the parcel should be reported whether there is an impact or not. The worksheet is to be filled out in its entirety, for Zone 7 and the Cities’/County’s use and record. Zone 7’s collecting agents are to fill out the staff section of the worksheet, acknowledging collection of the fees, and are to return the completed worksheets to Zone 7 for their use and record of the fee collection.

Should you have any questions concerning the Development Impact Fee update or collection process please contact me at (925) 454-5075 or email at [email protected], and I will be glad to discuss them with you.

Sincerely,

Jeff Tang, P.E.

Digitally signed by Jeff Tang
DN: cn=Jeff Tang, o=Zone 7 Water Agency,
ou, [email protected], c=US
Date: 2020.12.28 13:38:22 -08'00'
Associate Civil Engineer
Flood Control Engineering

Enclosure

cc: Jarnail Chahal, Zone 7
Joe Seto, Zone 7

EXHIBIT D
574
Rate Schedule
Effective Janaury 1, 2021

Meter Size
Recommended
Maximum Rate for
Continuous Use
(gpm)
Connection Fee
Amount
5/8" & 1" FS* 10 $29,440
3/4" 15 $44,160
1" 25 $73,600
1 1/2"
(DISPLACEMENT TYPE) 50 $147,200
Omni C2 160 $471,040
Omni T2 160 $471,040

OMNI WITH
50GPM RESTRICTION 50 $147,200
(DISPLACEMENT TYPE) 80 $235,520

OMNI WITH
80GPM RESTRICTION 80 $235,520
Mueller MVR
Pleasanton Only 115 $338,560

OMNI WITH
120GPM RESTRICTION 120 $353,280
Omni C2 160 $471,040
Omni T2 200 $588,800
3" to 10" **
* When the Fire Department requires fire sprinklers, a 1-inch meter may be obtained at the same rate as a 5/8-inch meter.

** Connection fees for meter sizes 3-inches and above will be determined by using the fee factor for maximum continuous flow rate.

Fees for meters other than those listed above will be determined based upon the maximum continuous flow rating for the brand and type of meter.

These fees are based on the Maximum Continuous Flow Rate through a 5/8" meter as defined by AWWA C700 for Cold-Water Meter -- Displacement Type, Bronze Case.

Any changes to meter capacities will affect the above connection fees.

Currently, the 2-inch Mueller MVR is only available in Pleasanton.

REV 01/07/2020
e:\steven\connfee\admin\connfee2002 \connection fee rate schedule 01-01-21 Zone7M&I w-gpm

EXHIBIT D
575
ALAMEDA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, ZONE 7 100 NORTH CANYONS PARKWAY, LIVERMORE, CA 94551  PHONE (925) 454-5000  FAX (925) 454-5727

WATER CONNECTION FEE INFORMATION SHEET
Effective January 1, 2021
I. GENERAL BACKGROUND

A. The Water Connection Charge Ordinance No. FC 72-1 as amended for Zone 7 was established January 18, 1972. The ordinance is applicable over the Zone 7 area that includes Livermore, Pleasanton, Dublin, Sunol, and surrounding communities.

The Ordinance requires a one-time water connection fee for all new water services from a water system that is directly connected to the Zone 7 water supply system.

This fee is used for funding the costs of expanding the Zone 7 water treatment and distribution system to serve new development.

B. The amount charged for a water connection is determined by the size of the meter to be installed. The meter sizes and corresponding water connection fees are listed below.

II. PROCEDURES FOR PAYMENT OF WATER CONNECTION FEES IN LIVERMORE,

PLEASANTON, & DUBLIN

The water connection fees are collected by the Building Departments of the Cities of Livermore and Pleasanton, and by the Dublin San Ramon Services District, which are agents for Zone 7. For that area within the Cal Water service area which is located outside of the Livermore city limits, connection fees will be paid at the Zone 7 office in Livermore.

III. WATER CONNECTION FEE SCHEDULE - FEES ARE REVIEWED AND SUBJECT TO

PERIODIC MODIFICATION

Meter Size Fee Factor Connection Fee
5/8" & 1" FS* 1.0 $29,440
3/4" 1.5 $44,160
1" 2.5 $73,600

1 1/2"
(DISPLACEMENT TYPE) 5.0 $147,200
Omni C2 16.0 $471,040
Omni T2 16.0 $471,040

2"
OMNI WITH 50GPM RESTRICTION 5.0 $147,200
(DISPLACEMENT TYPE) 8.0 $235,520
OMNI WITH 80GPM RESTRICTION 8.0 $235,520
Mueller MVR - Pleasanton Only 8.0 $235,520
OMNI WITH 120GPM RESTRICTION 12.0 $353,280
Omni C2 16.0 $471,040
Omni T2 20.0 $588,800

EXHIBIT D
576

*
Connection fees for meters 3-inch and larger and for meters with fee factors other than those listed above, will be determined by Zone 7, using the fee factor for Maximum Rate for Continuous Operation, as defined by AWWA. These fees are based on the Maximum Continuous Flow Rate through a 5/8" meter and are proportional based on flow ratings for the various sized meters. Flow ratings for displacement type meters are defined by AWWA C700 for Cold-Water Meter -- Displacement Type, Bronze Case. Flow ratings for turbine type meters are defined by AWWA C701 for Cold Water Meters -- Turbine Type, For Customer Service. Any changes to meter capacities will affect the above connection fees.

NOTE: This new fee schedule is effective January 1, 2021

IV. EXEMPTIONS
No fee will be collected for SEPARATE private fire service connections. See Section VI of the Ordinance (copy available upon request).

V. PARTIAL EXEMPTIONS
A partial exemption sometimes applies for domestic fire sprinkling systems up to 1" meter size. See Section VI of the Ordinance (copy available upon request).

VI. FOR FURTHER INFORMATION
Call Steven Ellis at (925) 454-5037 or e-mail at [email protected].

EXHIBIT D
577
RESOLUTION NO. 044-19/20

TO UPDATE STATUTORY DEVELOPER FEES IMPOSED ON NEW RESIDENTIAL

AND COMMERCIAL/INDUSTRIAL DEVELOPMENT PROJECTS PURSUANT TO EDUCATION CODE SECTION 17620

WHEREAS, the School Board ("Board") of the Livermore Valley Joint Unified District ("District") provides for the educational needs for TK -12 students within the City of Livermore and a portion of the unincorporated counties of Alameda and Contra Costa (collectively, "Counties"); and

WHEREAS, The State Allocation Board has taken action pursuant to Government Code Section 65995(b)(3), which authorizes Districts to increase Statutory Developer Fees to $4.08 per square foot for assessable space of residential development and $0.66 per square foot of chargeable covered and enclosed space for all categories of commercial/industrial development, as long as such Statutory Developer Fees are properly justified by the District pursuant to law; and

WHEREAS, new residential and commercial/industrial development continues to generate additional students for the District's schools and the District is required to provide school facilities ("School Facilities") to accommodate those students; and

WHEREAS, overcrowded schools within the District would have an impact on the District's ability to provide an adequate quality education and negatively impacts the educational opportunities for the District's students; and

WHEREAS, the District does not have sufficient funds available for the construction or reconstruction of the School Facilities, including acquisition of sites, construction of permanent School Facilities, and acquisition of interim School Facilities, to accommodate students from new residential and commercial/industrial development; and

WHEREAS, the Board of the District has received and considered two studies entitled "Residential Development School Fee Justification Study for Livermore Valley Joint Unified District" and "Commercial/Industrial Development School Fee Justification Study for Livermore Valley Joint Unified District" ("Studies"), which Studies include information, documentation, and analysis of the School Facilities needs of the District, including (a) the purpose of the Statutory Developer Fees; (b) the use to which the Statutory Developer Fees are to be put; (c) the nexus (roughly proportional and reasonable relationship) between the residential and commercial/industrial development; and (1) the use for Statutory Developer Fees; (2) the need for School Facilities; (3) the cost of School Facilities; and the amount of Statutory Developer Fees from new residential and commercial/industrial development; (d) a determination of the impact of the increased number of employees anticipated to result from the commercial/industrial development (by category) upon the cost of providing School Facilities within the District; (e) an evaluation and projection of the number of students that will be generated by new residential development; (D the new School Facilities that will be required to serve such students; and (g) the cost of such School Facilities; and WHEREAS, said Studies pertaining to the Statutory Developer Fees and to the capital facilities needs of the District were made available to the public as required by law before the Board considered at a regularly 1 scheduled public meeting the Statutory Developer Fees; and \

EXHIBIT D
578
WHEREAS, all required notices of the proposed Statutory Developer Fees have been given; and WHEREAS, a Public Hearing was held at a regularly scheduled meeting of the Board of the District relating to the proposed Statutory Developer Fees; and

WHEREAS, Education Code Section 17621 provides that the adoption, increase or imposition of any fee, charge, dedication, or other requirement, pursuant to Education Code Section 17620 shall not be subject to Division 13 (commencing with Section 21000) of the Public Resources Code.

NOW, THEREFORE, THE SCHOOL BOARD OF THE LIVERMORE VALLEY JOINT UNIFIED SCHOOL DISTRICT DOES HEREBY RESOLVE, DETERMINE, AND ORDER AS FOLLOWS:

Section 1. That the Board accepts and adopts the Studies.

Section 2. That the Board finds that the purpose of the Statutory Developer Fees imposed upon new residential development is to fund the additional School Facilities required to serve the students generated by the new residential development upon which the Statutory Developer Fees are imposed.

Section 3. That the Board finds that the Statutory Developer Fees imposed on new residential development will be used only to finance those School Facilities described in the Study and related documents and that these School Facilities are required to serve the students generated by the new residential development within the District; and that the use of the Statutory Developer Fees will include construction or acquisition of additional School Facilities, remodeling existing School Facilities to add additional classrooms, and technology, and acquiring and installing additional portable classrooms and related School Facilities, with the specific location of new schools, remodeling of existing School Facilities, and additional portables to be determined based on the residence of the students being generated by such new residential development, as well as any required central administrative and support facilities, within the District.

Section 4. That the Board finds that there is a roughly proportional, reasonable relationship between the use of the Statutory Developer Fees and the new residential development within the District because the Statutory Developer Fees imposed on new residential development by this Resolution, will be used to fund School Facilities which will be used to serve the students generated by such new residential development.

Section 5. That the Board finds that there is a roughly proportional, reasonable relationship between the new residential development upon which the Statutory Developer Fees are imposed, and the need for additional School Facilities in the District because new students will be generated from new residential development within the District and there is not sufficient capacity in the existing School Facilities to accommodate all additional students.

Section 6. That the Board finds that the amount of the Statutory Developer Fees levied on new residential development as set forth in this Resolution is roughly proportional and reasonably related to, and does not exceed the cost of, providing the School Facilities required to serve the students generated by such new residential development within the District.

EXHIBIT D
579
Section 7. That the Board finds that the purpose of the Statutory Developer Fees imposed on new commercial/industrial development is to fund the additional School Facilities required to serve the students generated by the new commercial/industrial development upon which the Statutory Developer Fees are imposed.

Section 8. That the Board finds that the Statutory Developer Fees imposed on new commercial/industrial development (by category) will be used only to finance those School Facilities described in the Studies and related documents and that these School Facilities are required to serve the students generated by such new commercial/industrial development; and that the use of the Statutory Developer Fees will include construction or acquisition of additional School Facilities, remodeling existing School Facilities to add additional classrooms and technology, and acquiring and installing additional portable classrooms and related facilities, with the specific location of new schools, remodeling of existing School Facilities, and additional portables to be determined based on the residence of the students being generated by such new commercial/industrial development, as well as any required central administrative and support facilities within the District.

Section 9. That the Board finds that there is a roughly proportional, reasonable relationship between the use of the Statutory Developer Fees and new commercial/industrial development by category within the District because the Statutory Developer Fees imposed on commercial/industrial development by this Resolution will be used to fund School Facilities which will be used to serve the students generated by such new commercial/industrial development.

Section 10. That the Board finds that there is a roughly proportional, reasonable relationship between the new commercial/industrial development by category, upon which the Statutory Developer Fees are imposed, and the need for additional School Facilities in the District because new students will be generated from new commercial/industrial development within the District and the District does not have sufficient student capacity in the existing School Facilities to accommodate these anticipated students.

Section 11. That the Board finds that the amount of the Statutory Developer Fees levied on new commercial/industrial development by category as set forth in this Resolution is roughly proportional and reasonably related to and does not exceed the cost of providing the School Facilities required to serve the students generated by such new commercial/industrial development within the District.

Section 12. That the Board finds that a separate account has been established for the deposit of Statutory Developer Fees imposed on residential and commercial/industrial development and that said account has at all times since been separately maintained, except for temporary investments, from other funds of the District.

Section 13. That the Board finds that the funds of the account, described in Section 12, consisting of the proceeds of Statutory Developer Fees have been imposed for the purposes of constructing and reconstructing those School Facilities necessitated by new residential and commercial/industrial development, and thus, these funds may be expended for those purposes. The Statutory Developer Fees may also be expended by the District for the costs of performing any study or otherwise making the findings and determinations required under subdivisions (a), (b), and (d) of Section 66001 of the Government Code. In addition, the District may also retain, as appropriate, an amount not to exceed in any fiscal year, three percent (3%) of the fees collected in that fiscal year pursuant to Education Code Section 17620 for reimbursement of the administrative costs incurred by the District in collecting the Statutory Developer Fees.

EXHIBIT D
580
Section 14. That the Board hereby increases the Statutory Developer Fees as a condition of approval of new residential development projects and imposes the Statutory Developer Fees on such development projects in the following amounts:

A. $4.08 per square foot of assessable space for new single family detached residential development and new multifamily attached residential development, including new residential projects, manufactured homes and mobile homes as authorized under Education
Code Section 17625, and including residential construction other than new construction where such construction results in an increase of assessable space, as defined in Government Code Section 65995, in excess of 500 square feet. However, these amounts shall not be imposed on any development project used exclusively for housing senior citizens, as described in Civil Code Section 51.3, or as described in Subdivision J of Section 1569.2 of the Health and Safety Code or paragraph 9 of subdivision (d) of Section 15432 of the Government Code or any mobile home or manufactured home that is located within a mobile home park, subdivision, cooperative or condominium for mobile homes limited to older persons as defined by the Federal Fair Housing Amendments of 1988.

B. $0.66 per square foot of assessable space for new residential development used exclusively for the housing of senior citizens, as described in Section 51.3 of the Civil Code or as described in subdivision J of Section 1569 of the Health and Safety Code or paragraph 9 of subdivision (d) of Section 15432 of the Government Code or any mobile home or manufactured home that is located within a mobile home park, subdivision, cooperative or condominium for mobile homes limited to older persons as defined by the Federal Fair Housing Amendments of 1988.

Section 15. That this Board hereby increases the Statutory Developer Fees as a condition of approval of new commercial/industrial development projects and levies the Statutory Developer Fees on such development projects in the following amounts per square foot of chargeable covered and enclosed space for the following categories of commercial/industrial development:

Retail and Services
Office
Research and Development
Industrial/Warehouse/Manufacturing
Hospitals
Hotel/Motel
Self-Storage
$0.624
$0.66
$0.66
$0.66
$0.66
$0.316
$0.018
Section 16. That the proceeds of the Statutory Developer Fees established pursuant to this Resolution shall continue to be deposited into that account identified in Section 12 of this Resolution, the proceeds of which shall be used exclusively for the purpose for which the Statutory Developer Fees are to be collected, including accomplishing any study, findings or determinations required by subdivisions (a), (b) and (d) of Section 66001 of the Government Code or retaining an amount not to exceed in any fiscal year, three percent (3%) of the fees collected in that fiscal year pursuant to Education Code Section 17620 for

EXHIBIT D
581
reimbursement of the administrative costs incurred by the District in collecting the Statutory Developer Fees or in financing the described Study or in defending the imposition of Statutory Developer Fees.

Section 17. That the Superintendent, or her designee, is directed to cause a copy of this Resolution to be delivered to the building official of the Cities and Counties within the District's boundaries and the Office of Statewide Health Planning and Development ("OSHPD") along with a copy of all the supporting documentation referenced herein and a map of the District clearly indicating the boundaries thereof, advising the Cities, Counties, and OSHPD that new residential and commercial/industrial development is subject to the Statutory Developer Fees readopted pursuant to this Resolution and requesting that no building permit or approval for occupancy be issued by any of these entities for any new residential development project, mobile home, or manufactured home subject to the Statutory Developer Fees absent a certification from this District of compliance of such project with the requirements of the Statutory Developer Fees, nor that any building permit be issued for any non-residential development absent a certification from this District of compliance with the requirements of the applicable Statutory Developer Fees.

Section 18. That the Board hereby establishes a process that permits the party against whom the commercial/industrial Statutory Developer Fees are imposed, the opportunity for a hearing to appeal that imposition of Statutory Developer Fees for commercial/industrial development as required by Education Code Section 17621(e)(2). The appeal process is as follows:

A. Within ten (10) calendar days of being notified, in writing, (by personal delivery or deposit in the U.S. Mail) of the commercial/industrial Statutory Developer Fees to be imposed or paying the commercial/industrial Statutory Developer Fees, pursuant to Education Code Section 17620, a party shall file a written request for a hearing regarding the imposition of commercial/industrial Statutory Developer Fees. The party shall state in the written request the grounds for opposing the imposition of commercial/industrial Statutory Developer Fees and said written request shall be served by personal delivery or certified or registered mail to the Superintendent of the District.

B. The possible grounds for that appeal include, but are not limited to, the inaccuracy of including the project within the category pursuant to which the commercial/industrial Statutory Developer Fees are to be imposed, or that the employee generation or pupil generation factors utilized under the applicable category are inaccurate as applied to the project.

C. Within ten (10) calendar days of receipt of the written request for a hearing regarding the imposition of commercial/industrial Statutory Developer Fees, the Superintendent of the District, or her designee, shall give notice in writing of the date, place and time of the hearing to the party appealing the imposition of commercial/industrial Statutory Developer Fees. The Superintendent, or her designee, shall schedule and conduct said hearing within thirty (30) calendar days of receipt of the written request. The Superintendent, or her designee, shall render a written decision within ten (10) days following the hearing on the party's appeal and serve it by certified or registered mail to the last known address of the party.

EXHIBIT D
582
D. The party against whom the commercial/industrial Statutory Developer Fees are imposed may appeal the Superintendent's, or her designee's, decision to the Board of the District.

E. The party appealing the Superintendent's, or her designee's decision, shall state in the written appeal the grounds for opposing the imposition of the commercial/industrial Statutory Developer Fees and said written appeal shall be served by personal delivery or certified or registered mail to the Superintendent of the District.

F. The possible grounds for that appeal to the Board of the District include, but are not limited to, the inaccuracy of including the project within the category pursuant to which the commercial/industrial Statutory Developer Fees are to be imposed, or that the employee generation or pupil generation factors utilized under the applicable category are inaccurate as applied to the project.

G. Within ten (10) calendar days of receipt of the written request for a hearing regarding the imposition of commercial/industrial Statutory Developer Fees, the Superintendent of the District, or her designee, shall give notice in writing of the date, place and time of the hearing to the party appealing the imposition of commercial/industrial Statutory Developer Fees. The Board of the District shall schedule and conduct said hearing at the next regular meeting of the Board, provided that the party is given notice at least five (5) working days prior to the regular meeting of the Board. The Board shall render a written decision within ten (10) days following the hearing on the party's appeal and serve the decision by certified or registered mail to the last known address of the party.

H. The party appealing the imposition of the commercial/industrial Statutory Developer Fees shall bear the burden of establishing that the commercial/industrial Statutory Developer Fees are improper.

Section 19. That the Superintendent is authorized to cause a certificate of compliance to be issued for each development project, mobile home and manufactured home for which there is compliance with the requirement for payment of the Statutory Developer Fees in the amount specified by this Resolution. In the event a certificate of compliance is issued for the payment of Statutory Developer Fees for a development project, mobile home or manufactured home and it is later determined that the statement or other representation made by an authorized party concerning the development project as to square footage is untrue, then such certificate shall automatically terminate, and the appropriate City shall be so notified.

Section 20. That no statement or provision set forth in this Resolution, or referred to therein shall be construed to repeal any preexisting fee previously imposed by the District on any residential or nonresidential development.

Section 21. That the District's Statutory Developer Fees will become effective sixty (60) days from the date of this Resolution unless a separate resolution increasing the fees immediately on an urgency basis is adopted by the Board.

EXHIBIT D
583
APPROVED AND ADOPTED by roll call vote this 17• day of March 2020. / /

AYES: Bueno / Prusso / RoggeL wenzel_L_White _
NOES: Bueno Prusso Rogge Wenzel White _
ABSTENTIONS: Bueno Prusso Rogge Wenzel White _ ABSENT: Bueno Prusso Rogge Wenzel White. _

Presidentothe BoardofEdcatione
Valley Joint Unified School District of Alameda
County and Contra Costa County, State of California

Clerk of the Board of Educ tion v ore
Valley Joint Unified School Dist ct of Alameda
County and Contra Costa County, State of California

EXHIBIT D
584
Scott Perkins
TVTC Chair
Vice Mayor
San Ramon
(925) 973-2544

Jean Josey
TVTC Vice-Chair
Councilmember
Dublin
(925) 833-2530

Renee Morgan
Mayor
Town of Danville
(925) 918-3999

David Haubert
Supervisor District 1
Alameda County
(925) 551-6995

Candace Andersen
Supervisor District 2
Contra Costa
(925) 957-8860

Brittni Kiick
Councilmember
City of Livermore
(925) 960-4019

Karla Brown
Mayor
City of Pleasanton
(925) 931-5001
To: Tri-Valley Transportation Council

From: TVTC Finance Committee
By: Technical Advisory Committee (TAC)

Date: April 19, 2021

Subject: ADOPT the Tri-Valley Transportation Development Fee Construction Cost Index Annual Adjustment

BACKGROUND
The Joint Exercise of Powers Agreement (JEPA) for the Tri -Valley Transportation Development Fee (TVTDF) specifies that the TVTDF amounts are to be adjusted automatically as of July 1 of each year to reflect changes in regional construction costs. JEPA Section 3(D)(I) requires the TVTC adopt the adjustment by a simple majority.

DISCUSSION

The amount of the adjustment is based on the change in the “Construction Cost Index” (CCI) for the San Francisco Bay Area, as reported annually in the Engineering News Record (ENR). The December 2020 ENR CCI for the San Francisco Bay Area is +3.2%.

RECOMMENDATION

The TVTC Finance Committee recommends the TVTC adopt the Tri-Valley Transportation Development Fee Construction Cost Index Annual Adjustment and notify each TVTC member agency to collect the TVTDF rates as listed below starting July 1, 2021:

Single Family Residential $5,057.00/Dwelling Unit (DU)
Multi-Family Residential $3,484.00/DU
Office $8.59/sq. ft. Gross Floor Area
Retail $3.74/sq. ft. Gross Floor Area
Industrial $5.00/sq. ft. Gross Floor Area
Other $5,620.00/average am/pm peak hour trip
ADU/SDU $0
Affordable Housing $0

EXHIBIT D
585

TVTDF Historical Fee Rates
2019 2020 2021
Single Family Residential (per DU) $4,650.56 $4,901.00 $5,057.00 Multi-Family Residential (per DU) $3,203.48 $3,376.00 $3,484.00 Office (per SF Gross Floor Area) $7.90 $8.33 $8.59
Retail (per SF Gross Floor Area) $3.41 $3.63 $3.74
Industrial (per SF Gross Floor Area) $4.60 $4.85 $5.00
Other (average am/pm peak hour trip) $5,167.00 $5,446.00 $5,620.00 Affordable Housing * $0.00 $0.00 $0.00
ADU/SDU** $0.00 $0.00 $0.00
*Pursuant to Resolution 2015-01 Adjusting the Tri-Valley Transportation Development Fee Schedule **Pursuant to Resolution 2019-03 – Resetting the Accessory Dwelling Unit/Secondary Dwelling Unit Fee in the Tri-Valley Transportation Development Fee Program

EXHIBIT D
586

CITY COUNCIL STAFF REPORT
ITEM NO. 7.3

DATE:

June
8, 2026
TO:

Honorable Mayor and City Council
FROM:

Brandon Cardwell, Innovation and Economic Development Director SUBJECT:

Public Hearing and Resolution of Renewal of the Livermore Valley Wine Heritage District.

RECOMMENDED ACTION

Staff recommends the City Council hold the Public Hearing and adopt the Resolution of Renewal of the Livermore Valley Wine Heritage District (District), if a Majority Protest does not occur. Adoption of the Resolution of Renewal would:

1. Renew the District for a five-year term beginning July 1, 2026;

2. Approve the Management District Plan; and

3. Authorize the City Manager to execute the Agreement for Services (Agreement) with the Livermore Valley Winegrowers Association (Winegrowers) to perform District services, as prescribed by the California Property and Business Improvement Law of 1994, Streets and Highways Code § 36651.

SUMMARY
The California Property and Business Improvement District Law of 1994, Streets and Highways Code § 36600 et seq. (State law) 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.

Earlier this year, the Winegrowers successfully completed a Petition Drive for District renewal, and on March 9, 2026, the City Council adopted a Resolution of Intention to Renew the District, initializing the renewal process and establishing the required public meeting and public hearing dates. The City Council subsequently held a public meeting on April 27, 2026, and received one public comment and one written protest from a winery owner.

This public hearing is the final step in the renewal process and provides an additional opportunity for public comment and written protests from assessed wineries. Staff recommends the City Council adopt the Resolution of Renewal to ensure a continuation of District assessments and wine country marketing and branding efforts. Adoption of the Resolution of Renewal would:
587

1 .

Renew the District for a five-year term beginning July 1, 2026 to allow continued revenue generation for the District;
2 .

Approve the Management District Plan to allow continuity of the services and programs that benefit the assessed wineries; and
3 .

Authorize the City Manager to execute the Agreement prescribed by State law.

DISCUSSION
Background

State Law

A Business Improvement District (BID) is a financing mechanism in which businesses within a defined area adopt a mandatory assessment to fund supplemental services that directly benefit the assessed businesses. Services often include marketing, security, maintenance, and economic development activities. State law authorizes local jurisdictions to establish, manage, and renew BIDs and to contract with outside entities for assessment collection and district management. A BID may be formed or renewed only when businesses representing more than 50 percent of the proposed assessment support the effort through a formal, verified petition process. BID boundaries and services must be defined in an adopted Management District Plan (Plan) and adhered to for the duration of the district.

Initial Formation

In 2021, the City of Livermore adopted
Resolution No. 2021-198
establishing a BID for South Livermore
Valley wineries, called the Livermore Valley Wine Heritage District (District), which included a five-year term ending on June 30, 2026. Prior to establishing the District, Alameda County provided its consent for the City to assess wineries located within the County's jurisdiction. The Resolution Granting Consent applies to formation and renewals. Since its inception, the District has generated more than $500,000 annually to support marketing and brand awareness, advocacy, quality enhancement, professional development, education and other activities identified in the Plan.

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 petition drive process with South Livermore wineries in the District boundaries. Staff received from the Winegrowers signed petitions representing more than 50 percent of the proposed total assessment, meeting statutory requirements for the renewal of the District. The Winegrowers also worked with staff to finalize the proposed minor administrative adjustments to the Plan, as well as the proposed Agreement prescribed by State law.

Previous Actions and Process
In March and April of this year, the City Council adopted a Resolution of Intention to Renew the District, which formally started the renewal process, and held a public meeting to collect public comment and receive formal written protests, as described in the
Public Comment and Formal Protest
section of this
report. The renewal process consists of four components, as outlined below:

588
Intent to Renew
[COMPLETED March 9, 2026] - Verified petition drive success and declared the City's intent to renew the District.

Notice
[COMPLETED March 10, 2026] - Noticed all businesses to be assessed of public meeting and public hearing dates.

Public Meeting
[COMPLETED April 27, 2026]
-
Held a public meeting to collect written protests
and public comment.

Final Public Hearing
-

The purpose of this agenda item. If approved, would formally renew the District.

Public Hearing and Renewal

The Public Hearing is the last step in the BID renewal process. If the City Council approves the Resolution of Renewal (Attachment 2), then the District would be formally renewed, all businesses in the District boundary (Attachment 3, Page 7) would continue to be assessed, and all assessment funds would continue to be used by the Winegrowers for marketing and other activities to support local wineries. The renewal primarily consists of three parts, as described below.

Extension of Term

The existing District term would be extended an additional five years, beginning July 1, 2026, and ending on June 30, 2031. The City Council could consider future renewals beyond June 30, 2031.

Management District Plan

The Winegrowers and participating South Livermore Valley wineries propose continuing the existing Plan with minor administrative clarifications and updates (Attachment 3). Staff recommends the following Collection Fee modification, 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 administration costs are covered by the District, and not by 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 administration fees or contingency funds, but would not decrease the amount of funds allocated to District services.

The following primary components of the Plan would remain unchanged:

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 applies to formation and renewals, and no further consent is required from the 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 .

Services
. 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. As prescribed by State law, the City shall 589
enter into an Agreement with the designated owners' association as described in the Agreement
for Services
section of this report. The City's tax consultant HdL would continue to process and manage assessment activities, with City oversight.
5 .

Term
. The proposed renewal term remains at five years.

Agreement for Services

State law requires the City to contract with the nonprofit owners’ association designated in a BID Management District Plan to provide district services. The existing Plan designates the Winegrowers as the District’s owners’ association and identifies the Winegrowers as responsible for all District services, including marketing, brand awareness, and advocacy. To comply with State law and formalize this relationship, staff recommends that the City Council authorize the City Manager to execute the Agreement for Services with the Winegrowers (Attachment 4). The Agreement does not change the services currently provided under the Plan. The Winegrowers have agreed to all provisions and have executed the Agreement

FORMAL PROTEST AND PUBLIC COMMENT

State BID law requires majority support for district formation and renewal, and creates a formal protest mechanism whereby businesses can object to a new or renewed assessment. If a majority protests district formation or renewal, a local legislative body shall not form or renew a BID. State law defines a Majority Protest as follows: written protests submitted by businesses within the district boundaries representing fifty (50) percent or more of the assessments to be levied, weighted by each business' proposed assessment. Therefore, the greater each business' revenues, the more votes each receives to support or protest a district.

In order to be valid, a protest must be received in writing prior to the conclusion of the Final Public Hearing. As of the publication of this report, staff has received one written protest that does not constitute a Majority Protest. Staff has also received one public comment in opposition to District renewal. The City Clerk will provide a final count of the written protests received, and confirm whether a Majority Protest exists, at the Final Public Hearing.

FISCAL AND ADMINISTRATIVE IMPACTS

There are no significant fiscal or administrative impacts associated with the final renewal of the District.

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 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.

COMMUNITY PILLAR

2: Economy that prospers
590

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. Public Meeting Staff Report

2. Resolution of Renewal

3. Exhibit A - Management District Plan

4. Exhibit B - Agreement for Services

Prepared by: Theresa de la Vega
Management Analyst II

Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Kristen Hilton
Acting Administrative Services Director
591
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.

ECOMMENDED ACTION
S
taff 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
ATTACHMENT 1
592
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
A
s 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
T
here 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
ATTACHMENT 1
593
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
594
1 RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION DECLARING RESULTS OF MAJORITY PROTEST

PROCEEDINGS AND RENEWING THE LIVERMORE VALLEY

WINE HERITAGE DISTRICT

The Property and Business Improvement Law of 1994, Streets and Highways Code § 36600 et seq., authorizes the City to renew business improvement districts upon petition by a weighted majority of the business owners located within the boundaries of the district.

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.

Winery owners who will pay more than fifty percent (50 %) of the proposed assessment, as weighted according to the amount of the assessment to be paid by the petitioner, within the boundaries of the District, have petitioned the Council to renew the District for an additional five years beginning July 1, 2026.

The renewed District includes certain wineries in the County of Alameda and City of Livermore.

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.

Included with the petitions was a Manage ment District Plan (Plan) summary that describes the proposed assessment to be levied on wineries, existing and in the future, within the Distric t to pay for Marketing & Brand Awareness, Advocacy, Quality Enhancement & Education, Professional Development and Education efforts, and other improvements and activities set forth in the Plan.

The Management District Plan designated the Livermore Vall ey Winegrowers Association (Winegrowers) as the Owners’ Association that will manage the District funds, implement programs in accordance with the Plan, and provide the required annual report on activities and expenditures to the City.

The Property and Business Improvement Law of 1994, Streets and Highways Code §36651 provides that the City shall contract with the Owners’ Association to provide services. A copy of the Agreement for Services (Agreement) between the City and the Winegrowers is attached hereto as Exhibit B.

595
2 RESOLUTION NO. ________
On March 9, 2026 , the City Council adopted a Resolution of Intention to Renew the District via Resolution No. 2026-029.

The public meeting and public hearing to consider the renewal of the District have been properly noticed in accordance with Streets and Highways Code §36623.

On April 27, 2026 , the City Council held a public meeting on the renewal of the District, and the City Council heard and received public comment and written protests to the renewal of the District and the levy of the proposed assessment.

On June 8, 2026, the City Council held a public hearing regarding the renewal of the District, and the City Council heard and received all objections and written protests, to the renewal of the District and the levy of the proposed assessment.

The City Clerk has determined that there was no majority protest. A majority protest is defined as written protests received from owners of the wineries in the renewed District which would pay fifty percent (50%) or more of the assessments proposed to be levied. Protests are weighed based on the assessment proposed to be levied on each winery.

The City bears the burden of proving by a preponderance of the evidence that an assessment imposed for a specific benefit or specific government service is not a tax, that the amount is no more than necessary to cover the costs to the City in providing the specific benefit or specific government service, and that the manner in which those costs are allocated to a payor bear a fair or reasonable relationship to the specific benefits or specific government services received by the payor.

NOW, THEREFORE, B E IT RESOLVED by the City Council of th e City of Livermore, as follows:

Section 1. The recitals set forth herein are true and correct.

Section 2. The District is hereby renewed 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.

Section 3. The Plan dated January 13, 2026, and attached hereto as Exhibit A, is hereby adopted and approved.

Section 4 . The City Manager is hereby authorized to execute the Agreement, attached hereto as Exhibit B.

Section 5. The activities to be provided to benefit wineries in the District will be funded by the levy of the assessment. The revenue from the assessment levy shall not be used: to provide activities that directly benefit wineries outside of the District; to provide activities or improvements outside the District; or for any purpose other than the purposes 596
3 RESOLUTION NO. ________
specified in this Resolution, the Resolution of Intention, and the Plan. Notwithstanding the foregoing, improvements and activities that must be provided outside the District boundaries to create a specific benefit to the assessed wineries may be provided, but shall be limited to marketing or signage pointing to the District.

Section 6. The Council finds as follows:

a) The activities funded by the assessment will provide a specific benefit to assessed wineries within the District that is not provided to those not paying the assessment.

b) The assessment is a charge imposed for 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 rea sonable costs to the local government of conferring the benefit or granting the privilege.

c) The assessment is a charge imposed for 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.

d) Assessments imposed pursuant to the District are levied solely upon the assessed business and the business owner is solely responsible for payment of the assessment when due. If the owner chooses to collect any portion of the assessment from a cus tomer, that portion shall be speci fically called out and identified for the customer in any and all communications from the business owner as the “LVWHD Assessment” as specified in the Plan.

Section 7. The assessments levied for the District shall be applied towards Marketing & Brand Awareness, Advocacy, Quality Enhancement & Education, Professional Development and Education programs to promote assessed wineries in the District with the goal of increasing winery sales revenue, as described in the Plan.

Section 8. Assessments levied on wineries pursuant to this resolution shall be levied on the basis of benefit. Because the services will promote assessed wineries in the District with the goal of increasing winery sales revenue, an assessment based on gross direct to consumer sales revenue is the best measure of benefit.

Section 9. The annual assessment rate is two percent (2%) of gross direct to consumer sales revenue on winery sales. Based on the be nefit 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 or activities to benefit assessed businesses, all of which are located in California. Sales ma de outside of the outside of the state of California are not subject to assessment due to lack of benefit .

Assessment dollars may be spent outside of California to elevate the notoriety of the 597
4 RESOLUTION NO. ________
Livermore Valley as a premier winery destination with the desir ed outcome of increased in-person visitation to businesses paying the assessment.

Section 10. The assessments for the entire District will total approximately $550,000 in year one.

Section 11. Bonds shall not be issued.

Section 12. The District shall include all winery businesses, existing and in the future, located within the boundaries of the County of Alameda and the City of Livermore.

A boundary map is on page seven of the Plan, and attached hereto as Exhibit A.

Section 13. The assessments shall be used for the purposes set forth above and any funds remaining at the end of any year may be used in subsequent years in which the District assessment is levied as long as they are used consistent with the requirements set forth herein.

Section 14. The assessments to fund the activities and improvements for the District will be collected by the City or third-party collection agency on a quarterly basis, and in accordance with Streets and Highways Code § 36631.

Section 15. The City Council, through adoption of this Resolution and the 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 District as defined in Streets and Highways Code § 36612. The Council has determined that Livermore Valley Winegrowers Association ( Winegrowers) shall be the District Owners’ Association.

Section 16. The Winegrowers, pursuant to Streets and Highways Code § 36650, shall cause to be prepared a report for each fiscal year, except the first year, for which assessments are to be levied and collected to pay the costs of the improvement and activities described in the report. The first report shall be due after the first year of operations of the District.

Section 1 7. The wineries within the District as renewed pursuant to this Resolution, will be subject to any amendments to the Property and Business Improvement District Law of 1994 (California Streets and Highways Code § 36600 et seq.) Section 18. The City Clerk, or their designee, is directed to take all necessary actions to complete the renewal of the District and to levy the assessments.

Section 19. This Resolution shall take effect immediately upon adoption by the City Council.

On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing r esolution was passed and adopted on June 8, 2026, by the following vote:
598
5 RESOLUTION NO. ________

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED AS TO FORM:

_____________________________ /s/ Daniel Gonzales
Helena Graves Daniel Gonzales
Acting City Clerk Deputy City Attorney

Exhibit A- Management District Plan (Plan)
Exhibit B- Agreement for Services (Agreement)
599
2026-2031

LIVERMORE VALLEY WINE HERITAGE DISTRICT

MANAGEMENT DISTRICT PLAN
January 13, 2026 Prepared pursuant to the Property and Business Improvement District Law of 1994, Streets and Highways Code Section 36600 et seq.

EXHIBIT A 600

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 A
601

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 sales promotion and protection efforts with the goal to advance assessed businesses 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 202 1 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 assessed wineries 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 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 a nnual 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. Sales made outside of the state of California are not subject to assessment due to a lack of benefit. Assess ment dollars will not be spent on any programs or activities to benefit individual winery businesses outside of the sta te 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 es 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 assessments from 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

EXHIBIT A
602
LVWHD Management District Plan 4
January 13, 2026
District Law of 1994 , Streets and Highways Code section 36600 et seq. (94 Law) if assessed wineries 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.

EXHIBIT A
603

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 assessment could not begin until January 1, 2022. The Plan stipulates that although the five (5) year term begins July 1, 2021, the collection of assessments shall 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 an d portions of the County of Alameda. Therefore, the LVWHD assessment was only collected from the wineries within the reduced boundary.

On July 21, 2025 , t he 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, 20 31. The renewed LVWHD will derive assessment revenue not only from the assessment beginning July 1, 2026, but will also derive remaining revenues from the p revious 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 businesses desire 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 assessment districts to raise funds within a specific geographic area. The key difference between BIDs and other special benefit assessment districts is that funds raised are managed by the private non-profit corporation governing the district.

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;

EXHIBIT A
604

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.

EXHIBIT A
605
LVWHD Management District Plan 7
January 13, 2026
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 as of December 9, 2025 can be found in Appendix

2. A map of the LVWHD boundaries is shown below.

EXHIBIT A
606

LVWHD Management District Plan 8
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 assessed businesses.

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 th e 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

EXHIBIT A
607

LVWHD Management District Plan 9
January 13, 2026
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 & B rand Awareness program will promote the LVWHD as a premium winegrowing region and as a 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 assessed businesses, and may include but is not limited to the following activities:
• Advertising across any and all media channels to promote assessed winery 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 assessed winery 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 assessed businesses;
• Events – Developing and executing winery focused special events to attract customers to assessed businesses;
• Trade & Industry Engagement – Ensuring representatives are provided the opportunity to attend trade shows, meetings, industry conferences, road shows, and events to promote assessed businesses; 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 assessed winery tasting rooms; • Brand Enhancement – Engage with third party brand development agency to develop brand platform and materials to assist with marketing assessed winery 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 assessed winery 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 assessed wine 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 assessed wine 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 assessed winery 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 assessment or 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’ Assoc iation. 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 sales change.

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. 4th 230

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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 expe nded 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 businesses paying 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 businesses within the LVWHD. The activities described in this Plan are specifically targeted to increase sales for assessed wineries 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 sales for non-assessed wineries. The activities paid for from assessment revenues are business services constituting and providing specific benefits to the assessed wineries.

The assessment imposed 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 sales revenue 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 as a ‘specific benefit’ merely because an 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 assessment may 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 26 5. 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 assessed will 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 sales leads generated from LVWHD-funded activities, be featured in advertising campaigns, and benefit from other LVWHD-funded services.

Non-assessed wineries will not receive these, nor any other, LVWHD-funded services and benefits.

D. Assessment
The annual assessment rate is two percent (2%) of gross direct-to-consumer sales revenue of assessed wineries. 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. Sales made outside of the state of California are not subject to assessment due to a lack of benefit. Assess ment dollars will not be spent on any programs or activities to benefit individual winery b usinesses 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 assessment was calculated based on the total cost of the activities to be provided for the benefit of the businesses within the LVWHD with costs allocated based on the proportional benefit conferred to each business. Activities funded by the LVWHD are specifically targeted to increase sales revenue at assessed businesses. All winery sales do 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 as sessee derives greater revenue. To account for this benefit differential and to make sure the benefits are proportional, an assessment formula based on percentage of revenue has been selected. The percentage of revenue method of assessment accurately reflects greater benefit to assessed businesses with higher priced winery sales, with greater benefit associated with wineries generating larger sums of revenue.

The term “gross direct-to-consumer sales revenue” as used herein means: the consideration charged by wineries, for all direct-to-consumer sales of 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 tasti ng 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 pi cked up at a later date (pre -sales). Gross direct-to- consumer sales revenue shall not include any federal, state or local taxes collected, including but not limited to sales and use taxes.

The assessment is levied upon and a direct obligation of the assessed winery. 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 assessment is identified separately it shall be disclosed as the “LVWHD Assessment.” The assessment is imposed solely upon, and is the sole obligation of the assessed winery even if it is passed on to customers. The assessment shall 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 sales tax applies to the revenue generated from business improvement district (BID) assessments on items where state sales tax 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 sales tax on the assessment revenue.

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 assessment imposed 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.

Assessed businesses which are delinquent in paying the assessment shall be responsible for paying:

1. Original Delinquency
Any winery that fails to remit any assessment imposed 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 assessment in addition to the assessment and the ten percent (10%) penalty first imposed.

3. Continued Delinquency
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 assessment shall be added thereto in addition to the penalties stated in p aragraph 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 assessment renewal 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 assessment on 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 assessments from each winery. The City or a third-party collection agency shall forward the assessments collected 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 O wners’ 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 (see Appendix 1). The annual report shall include:
• Any proposed changes in the boundaries of the improvement district or in any benefit zones or classification of businesses within 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 assessment to 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 2025-2026 REGULAR 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 declares all of the following:
(a) Businesses located and operating within business districts 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 business districts. (b) It is in the public interest to promote the economic revitalization and physical maintenance of business districts in order to create jobs, attract new businesses, and prevent the erosion of the business districts. (c) It is of particular local benefit to allow business districts to fund business related improvements, maintenance, and activities through the levy of assessments upon the businesses or real property that receive benefits from those improvements.
(d) Assessments levied for the purpose of conferring special benefit upon the real property or a specific benefit upon the businesses in a business district are not taxes for the general benefit of a city, even if property, businesses, or persons not assessed receive incidental or collateral effects that benefit them. (e) Property and business improvement districts formed throughout this state have conferred special benefits upon properties and businesses within 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 has confirmed 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 agencies throughout 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 assessments by property-based districts. Article XIII D of the Constitution provides that property-based districts may only levy assessments for 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-based districts.
(1) The lack of legislative guidance has resulted in uncertainty and inconsistent application of this act, which discourages the use of assessments to fund needed improvements, maintenance, and activities in property-based districts, contributing to blight and other underutilization of property. (2) Activities undertaken for the purpose of conferring special benefits upon property to be assessed inherently produce incidental or collateral effects that benefit property or persons not assessed. Therefore, for special benefits to exist as a separate and 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-based districts created under this act have clarity regarding restrictions on assessments they 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-based assessments, and the manner in which special benefits should be determined.

36602. Purpose of part

The purpose of this part is to supplement previously enacted provisions of law that authorize cities to levy assessments within property and business improvement districts, to ensure that those assessments conform to all constitutional requirements and are determined and assessed in accordance with 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 these purposes.

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 assessments for similar or additional purposes from those set forth in this part. A property and business improvement district created pursuant to this part is expressly exempt from the provisions of the Special Assessment Investigation, 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. Assessments levied 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 businesses or 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 assessed real property or specific benefits upon assessed businesses located in the district.

36606.5. “Assessment”

“Assessment” means a levy for the purpose of acquiring, constructing, installing, or maintaining improvements and providing activities that will provide certain benefits to properties or businesses located within a property and business improvement district.

36607. “Business”

“Business” means all types of businesses and includes financial institutions and professions.

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36608. “City”

“City” means a city, county, city and county, or an agency or entity created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code, the public member agencies of which includes only cities, counties, or a city and county, or the State of California.

36609. “City council”

“City council” means the 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 agreement and which is a city within the meaning of this part.

36609.4. “Clerk”

“Clerk” means the clerk of the legislative body.

36609.5. “General benefit”

“General benefit” means, for purposes of a property-based district, any benefit that is not a “special benefit” as defined in Section 36615.5.

36610. “Improvement”

“Improvement” means the 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 receptacles and 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 enhance security of persons and 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” means a proposal as defined in Section 36622.

36612. “Owners’ association”

“Owners’ association” means a private nonprofit entity that is under contract with a city to administer or implement improvements, maintenance, and activities specified in the management district plan. An owners’ association may be an existing 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, disc ussed, 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” means real property situated within a district.

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36614.5. “Property and business improvement district”; “District”

“Property and business improvement district,” or “district,” means a property and business improvement district established pursuant to this part.

36614.6. “Property-based assessment”

“Property-based assessment” means any assessment made pursuant to this part upon real property.

36614.7. “Property-based district”

“Property-based district” means any district in which a city levies a property-based assessment.

36615. “Property owner”; “Business owner”; “Owner”

“Property owner” means any person shown as the owner of land on the last equalized assessment roll or otherwise known to be the owner of land by the city council. “Business owner” means any person recognized by the city as the owner of the business. “Owner” means either a business owner 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 purposes of 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 business owner, the signature of the authorized agent of the b usiness owner shall be sufficient.

36615.5. “Special benefit”

(a) “Special benefit” means, for purposes of a property-based district, 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-based districts even if those incidental or collateral effects benefit property or persons not assessed. Special benefit excludes general enhancement of property value .

(b) “Special benefit” also includes, for purposes of a property-based district, a particular and distinct benefit provided directly to each assessed parcel within the district. Merely because parcels throughout an assessment district share the same special benefits does not make the benefits general.

36616. “Tenant”

“Tenant” means an occupant pursuant to a lease of commercial space or 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 these purposes. Every improvement area established 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 business improvement 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 business owners in the proposed district who will pay more than 50 percent of the assessments proposed to be levied, the city council may initiate proceedings to form a district by the adoption of a resolution expressing its inte ntion to form a district. The amount of assessment attributable to property or a business owned by the same property or business owner that is in excess of 40 percent of the amount of all assessments proposed to be levied, shall not be included in determining whether the petition is signed by property or business owners who will pay more than 50 percent of the total amount of assessments proposed to be levied. (b) The petition of property or business owners required under subdivision (a) shall include a summary of the management district plan. That summary shall include all of the following:
(1) A map showing the boundaries of the district.
(2) Information specifying where the complete management district plan can be obtained. (3) Information specifying that the complete management district 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 statement as to whether the assessment will be levied on property or businesses within 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 statements do 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 management district plan shall include, but is not limited to, all of the following:
(a) If the assessment will be levied on property, a map of the district in sufficient detail to locate each parcel of property and, if businesses are to be assessed, each business within the district. If the assessment will be levied on businesses, a map that identifies the district boundaries in sufficient detail to allow a business owner to reasonably determine whether a business is located within the district boundaries. If the assessment will be levied on property and businesses, a map of the district in sufficient detail to locate each parcel of property and to allow a business owner to reasonably determine whether a business is 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 businesses included, which may be made by reference to any plan or map that is on file with the clerk. The boundaries of a proposed property assessment district shall not overlap with the boundaries of another existing property assessment district created pursuant to this part. This part does not prohibit the boun daries of a district created pursuant to this part to overlap with other assessment districts 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 assessment district created pursuant to this part to overlap with another business assessment district created pursuant to this part. This part does not prohibit the boundaries of a bus iness assessment district created pursuant to this part to overlap with a property assessment district 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 each year 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 assessment is levied on businesses, this amount may be estimated based upon the assessment rate. If the total annual amount proposed to be expended in each year 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 subsequent years shal l satisfy the requirements of this subdivision.
(f) The proposed source or sources of financing, including the proposed method and basis of levying the assessment in sufficient detail to allow each property or business owner to calculate the amount of the assessment to 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 assessments will be levied. In a new district, the maximum number of years shall be five. Upon renewal, a district shall have a term not to exceed 10 years.

Notwithstanding these limitations, a district created pursuant to this part to finance capital improvements with bonds may levy assessments until the maximum maturity of the bonds. The management district plan may set forth specific increases in assessments for each year of operation of the district. (i) The proposed time for implementation and completion of the management district plan. (j) Any proposed rules and regulations to be applicable to the district. (k)
(1) A list of the properties or businesses to be assessed, including the assessor’s parcel numbers for properties to be assessed, and a statement of the method or methods by which the expenses of 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-based district, the proportionate special benefit derived by each identified parcel shall be determined exclusively in relationship to the entirety of the capital cost of a public improvement, the maintenance and operation expenses of a public improvement, or the cost of the activities. An assessment shall not be imposed on any parcel that exceeds the reasonable cost of the proportional special benefit conferred on that parcel. Only special benefits are assessable, and a property-based district shall separate the general benefits, if any, from the special benefits conferred on a parcel. Parcels within a property-based district that are owned or used by any city, public agency, the State of California, or the United States shall not be exemp t 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- based district and that benefit property or persons not assessed shall not be deducted from the entirety of the cost of any special benefit or affect the proportionate special benefit derived by each identified parcel.
(3) In a property-based district, properties throughout the district may share the same special 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 assessments that are less than the proportional special benefit conferred, but shall not impose assessments that exceed the reasonable costs 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 assessed more than the reasonable cost of their special benefit. (l) In a property-based district, a detailed engineer’s report prepared by a registered professional engineer certified by the State of California supporting all assessments contemplated by the management district 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 proposes to levy a new or increased property assessment, the notice and protest and hearing procedure shall comply with Section 53753 of the Government Code. (b) If a city council proposes to levy a new or increased business assessment, the notice and protest and hearing procedure shall comply with Section 54954.6 of the Government Code, except that notice shall be

EXHIBIT A
620

LVWHD Management District Plan 22
January 13, 2026
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 business in which the per son subscribing the protest is interested sufficient to identify the business and, 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 business or 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 representatives of businesses in the proposed district that will pay 50 percent or more of the assessments proposed 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 pr oposed assessment against 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 proposes to conduct a single proceeding to levy both a new or increased property assessment and a new or increased business assessment, the notice and protest and hearing procedure for the property assessment shall comply with subdivision (a), and the notice and protest and hearing procedure for the business assessment shall comply with subdivision (b). If a majority protest is received from either the property or business owners, that respective portion of the assessment shall not be levied. The remaining portion of the assessment may be levied unless the improvement or other special benefit was proposed to be funded by assessing both property and business owners.

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 assessment or the type or types of improvements, maintenance, and activities to be funded with the revenues from the assessments. Proposed assessments may only be revised by reducing any or all of them. At the public hearing, the city council may only make changes in, to, or from the boundaries of the proposed property and business improvement district that will exclude territory that will not benefit from the proposed improvements, maintenance, and activities. Any modifications, revisions, reductions, or changes to the proposed assessment district 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 statement as to whether the assessment will 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 statements need 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 assessments if a majority protest was received.
(5) A statement that the properties, businesses, or properties and businesses in the district established by the resolution shall be subject to any amendments to this part. (6) A statement that 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 assessments within a district shall not be used to provide improvements, maintenance, or activities outside the district or for any purpose other than the purposes specified 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

EXHIBIT A
621

LVWHD Management District Plan 23
January 13, 2026
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 businesses within the area of the property and business improvement district will be benefited by the improvements, maintenance, and activities funded by the proposed assessments, and, for a property-based district, that property within the district will receive a special benefit.
(8) In a property-based district, the total amount of all special benefits to be conferred on the properties within the property-based district.
(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 assessment in each of the fiscal years referred to in the management district plan.

36627. Notice and assessment diagram

Following adoption of the resolution establishing district assessments on properties pursuant to Section 36625, the clerk shall record a notice and an assessment diagram pursuant to Section 3114. No other provision of Division 4.5 (commencing with Section 3100) applies to an assessment district created pursuant to this part.

36628. Establishment of separate benefit zones within district; Categories of businesses

The city council may establish one or more separate benefit zones within the district based upon the degree of benefit derived from the improvements or activities to be provided within the benefit zone and may impose a different assessment within each benefit zone. If the assessment is to be levied on businesses, the city council may also define categories of businesses based upon the degree of benefit that each will derive from the improvements or activities to be provided within the district and may impose a different assessment or rate of assessment on each category of business, or on each category of business within each zone.

36628.5. Assessments on businesses or property owners

The city council may levy assessments on businesses or on property owners, or a combination of the two, pursuant to this part. The city council shall structure the assessments in whatever manner it determines corresponds with the distribution of benefits from the proposed improvements, maintenance, and activities, provided that any property - based assessment conforms 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 business improvement district apply to the establishment, modification, or disestablishment of benefit zones or 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 business improvement district.

36630. Expiration of district; Creation of new district

If a property and business improvement district expires due to the time limit set pursuant to subdivision (h) of Section 36622, a new management district plan may be created and 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 assessments levied 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. Assessments levied on real property may be collected at the same time and in the same manner as for the ad valorem property tax, and may provide for the same lien priority and penalties for delinquent payment. All delinquent payments for assessments levied pursuant to this part may be charged interest and penalties.

EXHIBIT A
622

LVWHD Management District Plan 24
January 13, 2026
36632. Assessments to be based on estimated benefit; Classification of real property and businesses; Exclusion of residential and agricultural property

(a) The assessments levied 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 business improvement district. The city council may classify properties for purposes of determining the benefit to property of the improvements and activities provided pursuant to this part.
(b) Assessments levied on businesses pursuant to this part shall be levied on the basis of the estimated benefit to the businesses within the property and business improvement district. The city council may classify businesses for purposes of determining the benefit to the businesses of 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 these assessments, and shall not be subject to any assessment pursuant to this part.

36633. Time for contesting validity of assessment

The validity of an assessment levied 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 assessment is 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 business improvement 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 management district plan. Any modification of the management district 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 with the revenue derived from the levy of the assessments by 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 increased assessment, 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 newspaper of general circulation in the city once at least seven days 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 business owner or property owner affected by the proposed modification.
(b) The city council shall adopt a resolution of intention which states the 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 subsequent modification of the resolution shall be reflected in subsequent notices 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

EXHIBIT A
623

LVWHD Management District Plan 25
January 13, 2026
(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 resolution of formation adopted pursuant to that section provides for the issuance of 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 case may be, shall govern the proceedings relating to the issuance of bonds, although proceedings under the Bond Act of 1915 may be modified by the city council as necessary to accommodate assessments levied upon business pursuant 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 exceed the amount of revenue estimated to be raised from assessments over 30 years.
(c) Notwithstanding any other provision of this part, assessments levied 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 cause to be prepared a report for each fiscal year, except the first year, for which assessments are 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 business improvement district or any benefit zones within the district, the basis and method of levying the assessments, and any changes in 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 business improvement district by name, specify the fiscal year to which the report applies, and, with respect to that fiscal year, shall contain all of the following information:
(1) Any proposed changes in the boundaries of the property and business improvement district or in any benefit zones or classification of property or businesses within 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 assessment in sufficient detail to allow each real property or business owner, as appropriate, to estimate the amount of the assessment to be levied against his or her property or business for that fiscal year.
(5) The estimated amount of any surplus or deficit revenues to be carried over from a previous fiscal year.
(6) The estimated amount of any contributions to be made from sources other 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 change in the basis and method of levying assessments that would impair an authorized or executed contract to be paid from the revenues derived from the levy of

EXHIBIT A
624

LVWHD Management District Plan 26
January 13, 2026
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 management district plan may, but is not required to, state that an owners’ association will provide the improvements, maintenance, and activities described in the management district plan. If the management district plan designates an 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 revenues derived from the levy of assessments, or any revenues derived from the sale of assets acquired with the revenues, shall be transferred to the renewed district. If the renewed district includes additional parcels or businesses not included in the prior district, the remaining revenues shall be spent to benefit only the parcels or businesses in the prior district. If the renewed district does not include parcels or businesses included in the prior district, the remaini ng revenues attributable to these parcels shall be refunded to the owners of these parcels or businesses. (c) Upon renewal, a district shall have a term not to exceed 10 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 same as 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 purposes of 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 management of the district, it shall notice a hearing on disestablishment.
(2) During the operation of the district, there shall be a 30-day period each year in which assessees may request disestablishment 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 successive year of operation of the district shall have such a 30-day period. Upon the written petition of the owners or authorized representatives of real property or the owners or authorized representatives of businesses in the district who pay 50 percent or more of the assessments levied, the city council shall pass a resolution of intention to disestablish the district. The city cou ncil 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 assets acquired with the revenues of the assessments levied within the property and business improvement district. The notice of the hearing on disestablishment required by this section shall be given by m ail to the property owner of each parcel or to the owner of each business subject to assessment in 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

EXHIBIT A
625

LVWHD Management District Plan 27
January 13, 2026
(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 businesses then located and operating within the district in which assessments were levied by applying the same method and basis that was used to calculate the assessments levied in the fiscal year in which the district is disestablished or expires. All outstanding assessment revenue collected after disestablishment shall be spent on improvements and activities specified in the management district plan. (b) If the disestablishment occurs before an assessment is levied for the fiscal year, the method and basis that was used to calculate the assessments levied in the immediate prior fiscal year shall be used to calculate the amount of any refund.

EXHIBIT A
626
LVWHD Management District Plan 28
January 13, 2026
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.

EXHIBIT A
627
1 AGREEMENT FOR SERVICES
This Agreement, dated ______________, is by and between the City of Livermore, hereinafter referred to as the “City,” and the Livermore Valley Winegrowers Association, hereinafter referred to as “Contractor,” collectively referred to as the “Parties.”

RECITALS
A. On _________________, the City Council adopted Resolution number ___________________, hereinafter the “Resolution,” renewing the Livermore Valley Wine Heritage District, hereinafter “LVWHD,” in accordance with the provisions of the Property and Business Improvement District Law of 1994, Streets and Highways Code section 36600 et seq., hereinafter the “1994 Law.” B. Contractor was designated in the Resolution and the Livermore Valley Heritage District Management District Plan (the “LVWHD Management District Plan”) as the Owners’ Association in accordance with Streets and Highways Code section 36612.

C. Streets and Highways Code se ction 36651 provides that the City may contract with the Owners’ Association for provision of LVWHD services.

D. Contractor is willing to provide services to the City on the terms and conditions set forth in this Agreement.

AGREEMENT
Now, therefore, the parties agree as follows:

1. Engagement. City hereby retains Contractor to provide the services described in Exhibit A, and Contractor accepts such engagement.

2. Payment. City shall forward to Contractor all LVWHD assessment funds collected within thirty-days of collection, less any City administrative fees as authorized in the LVWHD Management District Plan.

3. Term. The term of this Agreement shall begin on July 1, 2026 and end on June 30, 2031, or, if the LVWHD is disestablished prior to June 30, 2031, the effective date of LVWHD disestablishment.

4. Termination/Disestablishment. The City has and reserves the right to suspend, terminate or abandon the execution of any work by Contractor upon adoption of a resolution disestablishing the LVWHD pursuant to the 1994 Law. Per the 1994 Law, such a resolution may only be adopted if (1) the City Council finds there has been misappropriation of funds, malfeasance, or a violation of law in connection with the management of the district and a noticed hearing on disestablishment is held, or (2) in the thirty-day period following the anniversary of the LVWHD’s formation, business owners paying fifty percent or more of the assessment file a written protest with the City and a hearing on disest ablishment is held. Any retention of LVWHD revenues by Contractor shall comply with the 1994 Law.

5. Indemnification.
,#1/(&++2%*,-%

EXHIBIT B
628
2 A. To the fullest extent permitted by law, Contractor shall hold harmless, defend and indemnify the City, its City Council, employees, agents and designated volunteers (collectively, the “Indemnified Parties”) from and against any and all claims, loss es, damages, liabilities and expenses, including but not limited to reasonable attorneys’ fees (collectivel y, “Liability”), of every nature arising out of or resulting from the performance of services under this Agreement or in connection with the Contractor’s failure to comply with any of its obligations contained in this Agreement, except for such Liability caused by the gross negligence or willful misconduct of the Indemnified Parties. Contractor’s obligations to hold harmless, indemnify and defend shall not be excused be cause of Contractor’s inability to evaluate Liability or because Contractor evaluates Liability and determines that Contractor is not liable to the claimant. These obligations are independent of, and shall not be in any way limited by, the minimum insurance obligations contained in this Agreement. These obligations shall survive the completion or termination of this Agreement. Contractor must respond within 30 days to the tender of any claim for defense and indemnity by City. The City may participate in the defense of any such claim without relieving Contractor of any obligation hereunder.

6. Insurance. Insurance coverage in a minimum amou nt set forth herein shall not be construed to relieve Contractor for liability in excess of such coverage, nor shall it preclude City from taking such other action as is available to it under any other provisions of this Agreement or otherwise in law.

A. Contractor affirms that it is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of the Code and Contractor further assures that it will comply with such provisions before commencing the performance of work under this Agreement. Contractor shall furnish to City ce rtificate(s) of insurance evidencing Worker’s Compensation Insurance coverage including a waiver of subrogation endorsement in favor of the City to cover its employees, and Contractor shall require all subcontractors similarly to provide Workers’ Compensation Insurance as required by the Labor Code of the State of California for all of Contractor’s and subcontractors’ employees. Contractor sha ll provide Workers' Compensation insurance, as applicable, at Contractor's own cost and expense. Neither Contractor nor its carrier shall be entitled to recover from City any costs, settlements, or expenses of Workers' Compensation claims arising out of this Agreement.

B. Contractor shall furnish to City certificates of insurance with Automobile Liability/General Liability Endorsements evidencing limits no less than:

1. Commercial General Liability, including operations, products and completed operations, as applicable:
$1,000,000/$2,000,000 aggregate per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability or other form of insurance with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability:
$1,000,000 per accident for bodily injury and property damage. ,#1/(&++2%*,-%

EXHIBIT B
629
3 3. Professional Liability/Errors and Omissions:
$1,000,000 per claim. Contractor warrants that any retroactive date under this policy shall precede the effective date of this contract and, either continuous coverage will be maintained, or an extended discovery period will be exercised for a period of two years beginning at the time work under this contract is completed.

The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:

1. The City of Livermore, its officers, officials, employees, and designated volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City of Livermore, its officers, officials, employees, or volunteers.

2. The limits of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. The additional insured coverage under the Contractor’s policy shall be primary and non-contributory and will not seek contribution from the City’s insurance or self-insurance and shall be at least as broad as ISO Form CG 20 10 04 13. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City of Livermore before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.

3. Any failure to comply with reporting or other provisions of the policy, including breaches of warranties, shall not affect coverage provided to the City of Livermore, its officers, officials, employees, or volunteers.

4. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.

5. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party before expiration of the policy unless notice is delivered in accordance with policy provisions.

6. It shall be a requirement under this agreement that any available insurance proceeds broader than, or in excess of, the specified minimum insurance coverage requirements and/or limits shall be available to the additional insured. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named Insured; whichever is greater.

7. Certificate Holder section of the insurance certificate should read: City of Livermore, 1052 S.

Livermor
e Avenue, Livermore, CA 94550
Contractor shall furnish certificates of insurance and endorsement(s) effecting coverage to the City of Livermore for approval. The endorsements shall be on forms acceptable to the City of Livermore. All certificates and endorsements are to be received and approved by the City of Livermore before work commences. The City of Livermore reserves the right to require complete and certified copies of all insurance policies required by this Agreement.

7. Independent Contractor. No relati onship of employer and employee is created by this Agreement; it being understood and agreed that Contractor is an In dependent Contractor. Contractor is not the agent or employee of the City in any capacity whatsoever, and the City shall not be liable for any acts or omissions by Contractor nor for any obligations or liabilities incurred by Contractor. ,#1/(&++2%*,-%

EXHIBIT B
630
4 A. Contractor shall have no claim under this Agre ement or otherwise, for seniority, vacation time, vacation pay, sick leave, persona l time off, overtime, health insu rance, medical ca re, hospital care, retirement benefits, social secu rity, disability, Workers’ Compen sation, unemployment insurance benefits, civil service protection, or employee benefits of any kind.

B. Contractor shall be solely liable for and oblig ated to pay directly all applicable payroll taxes (including federal and state income taxes) or contributions for un employment insurance or old age pensions or annuities which are imposed by any governmental entity in connection with labor used or which are measured by wages, salaries or other remuneration paid to its officers, agents or employees and agrees to indemnify and hold City harmless from any and all liability which City may incur because of Contractor’s failure to pay such amounts.

C. In carrying out the work contemplated here in, Contractor shall comply with all applicable federal and state Workers’ Compensation and liability laws and regulations with respect to the officers, agents and/or employees conducting and participatin g in the work; and agrees that such officers, agents, and/or employees will be considered Inde pendent Contractors and shall not be treated or considered in any way as officers, agents and/or employees of City.

D. Contractor agrees to perform its work and functions at all times in strict accordance with all applicable federal, state, county and city laws, resolutions, regulations, titles, departmental procedures and currently approved methods and practices in the field; and that the sole interest of City is to ensure that said service shall be performed and rendered in a competent, efficient, timely and satisfactory manner and in accordance with standards required by the City.

E. Notwithstanding the foregoing, if the City de termines that pursuant to state and federal law Contractor is an employee for purposes of inco me tax withholding, City may upon two (2) week’s written notice to Contractor, withhold from paym ents to Contractor hereunder federal and state income taxes and pay said sums to the federal and state governments.

8. Conformity with Law.

In performing services under this Agreement, Contractor shall observe and comply with all applicable laws, resolutions, codes and regulations of governmental agencies, including federal, state, municipal, and local governing bodies, having jurisdiction over the scope of services, including all applicable provisions of the California Occupational Safety and Health Act.

9. Taxes. Payment of all applicable federal, state and local taxes shall be Contractor’s sole responsibility.

10. Conflicts of Interest. Contractor covenants that it presently has no interest, and shall not have any interest, direct or indirect, which would conflict in any manner with performance of services required under this Agreement.

11. Notices. All notices, requests , demands, or other communications under this Agreement shall be in writing. Notices shall be given for all purposes as follows:

A. Personal delivery: When personally delivered to the recipient, notices are effective on delivery. ,#1/(&++2%*,-%

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5 B. First Class Mail: When mailed first class to the last address of the recipient known to the party giving notice, notice is effective three (3) mail deliv ery days after deposit in a United States Postal Service office or mailbox. Certified Mail: When mailed certified mail, return receipt requested, notice is effective on receipt, if delivery is confirmed by a return receipt.

C. Overnight Delivery: When delivered by overnight delivery with charges prepaid or charged to the sender’s account, notice is effective on delivery, if delivery is confirmed by the delivery service.

D. Addresses for purpose of giving notice are as follows:

To City:

City of Livermore
1052 S Livermore Ave
Livermore, CA 94550
To Contractor:

Livermore Valley Winegrowers Association
3585 Greenville Road, Suite 4
Livermore, CA 94550
E. Any cor
rectly addressed notice that is refused, unclaimed, or undeliverable because of an act or omission of the party to be notified shall be deem ed effective as of the first date that said notice was refused, unclaimed, or deemed undeliverable by the postal auth orities, messenger, or overnight delivery service.

F. Any party may change its address by giving the other party notice of the change in any manner permitted by this Agreement.

12. Equal Employment Opportunity Practices Provisions. Contractor certifies that it is in compliance with the Equal Employment Opportunity Requirement of Executive Order 11246, as amended by Executive Order 11375 and supplemented I 45CFR, Part 60, Title VII of the Civil Rights Act and any other federal or state laws pertaining to equal employment opportunity and that it shall not discriminate against any employee or applicant for employment on the basi s of race, color, religion, age, se x, national origin, ancestry, marital status, political affiliation or physical or mental condition, in matters pertaining to recruitment, hiring, training, upgrading, transfer, compensation or termination.

13. Compliance with Licensing Requirements. Contractor shall comply with all necessary licensing requirements and shall obtain appropriate licenses and display the sa me in a location that is reasonably conspicuous, and file copies of same with the City.

14. Audits and Records Access.

A. Contractor shall make availabl e to the City, its authorized agents, officers, or employees, for examination any and all ledgers, books of accounts, invoices, vouchers, can celled checks, and other records or documents evidencing or relating to the expenditures and disbursement of LVWHD assessment funds, and shall furnish to the City, within sixty (60) days after examination, its authorized agents, officers or employees such other evidence or information as the City may require with regard to any such expenditure or disbursement charged by Contractor. ,#1/(&++2%*,-%

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6 B. Contractor shall maintain fu ll and adequate records in accordance with City requirements to show the actual costs incurred by the Contractor in the performance of this Agreement. Contractor shall comply with the California Public Records Act.

C. Contractor shall not be required to conduct an annual audit. However, if the City has a reasonable basis to believe that expenditures have not been consistent with the LVWHD Management District Plan, the 1994 Law, or any other applicable laws, 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 for with LVWHD revenue. Contractor will reimburse the City for any co sts incurred directly attributalbe to conducting an audit.

15. Documents and Materials. Contra ctor shall maintain and make available to City for its inspection and use during the term of this Agreement, all Document s and Materials, defined as any and all documents, contracts, subcontracts, receipts, invoices, plans, collateral, ad vertisements and other paper or electronic writings and other materials used for the provision of services under this Agreement. All copyright and other use rights in any and all proposals, plans, specifications, designs, drawings, sketches, renderings, models, reports and related documents (including computerized or electronic copies), respecting in any way the subject matter of this Agreement, shall remain the property of the Contractor as instruments of service.

Contractor shall pay all royalties and license fees which may be due for any patented or copyrighted materials, methods or systems selected by Contractor and incorporated into the work as set forth in Exhibit “A”, and shall defend, indemnify and hold the City harmless from any claims for infringement of patent or copyright arising out of such selection. The City’s rights under this Section shall not extend to any computer software used to create such Documents and Materials. Cont ractor shall maintain all documents and records in accordance with the California Public Records Act, Government Code section 7920.000 et seq.

16. Time of Essence. Time is of the essence in respect to all provisions of this Agreement that specify a time for performance; provided, however, that the foregoing shall not be construed to limit or deprive a party of the benefits of any grace or use period allowed in this Agreement.

17. Choice of Law. This Agreement, and any dispute arising from the relationship between the parties hereto, shall be governed by the laws of the State of California. Any liti gation arising out of or in connection to this Agreement shall be venued in the County of Alameda.

18. Advertising or Publicity. Contractor shall not use, reproduce or copy the seal of the City and shall not represent the City in an official capacity as spokesperson or officer or agent or use the name “City of Livermore” or the names of the City’s officers, directors, employee s or agents, in advertising or publicity releases or otherwise without securing the prior written consent of the City in each instance unless set forth in this Agreement. Nothing in this section prohibits Contractor from using the name “LVWHD” or “City of Livermore” for regional identification for promotion and marketing of the LVWHD.

19. Entire Agreement. This Agreement, including all attachments, exhibits, and any other documents specifically incorporated into this Agreement, shall constitute the entire agreement between City and Contractor relating to the subject matter of this Agreement. As used herein, Agreement refers to and includes any documents incorporated herein by reference and any exhibits or attachments. This Agreement supersedes and merges all previous understandings, and all other agreements, written or oral, between the parties and sets forth ,#1/(&++2%*,-%

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7 the entire understanding of the parties regarding the subject matter thereof. This Agreement may not be modified except by a written document signed by both parties.

20. Modification of Agreement. This Agreement may be supplemented, amended or modified only by mutual agreement of the parties; however, this Agreement shall be subject to any amendments to the LVWHD Management District Plan adopted by the City Council pursuant to the 1994 Law. No supplement, amendment or modification of this Agreement, except for a duly adopted amendment to the LVWHD Management District Plan, shall be binding unless it is in writing and signed by authorized representatives of both parties.

21. Notice and Opportunity to Cure. Either party shall send written notice (delivered in accordance with the provisions of Section 11 of this Agreement) to the other party if either party fails to comply with a material term or condition of this Agreement. The written notice shall include a description of the default. If the party fails to cure the default within ten (10) calendar days of the date of receipt of the written notice, this Agreement may be terminated.

22. Subcontracting/Assignment. Contractor shall not assign any portion of this Agreement or any duties or obligations hereunder without the City’s prior written approval.

A. Neither party shall, on the basis of this Agreem ent, contract on behalf of or in the name of the other party. Any agreement that violates this Section shall confer no rights on any party and shall be null and void.

B. Contractor may use subcontractors to provide an y portions of the service identified in Exhibit A without prior written consent of the City.

C. Contractor shall remain fully responsible fo r compliance by its subcontractors with all the terms of this Agreement, regardless of the terms of any agreement between Contractor and its subcontractors.

23. Survival. The obligations of this Agreement, which by their nature would continue beyond the termination or expiration of the Agreement, including without limitation obligations regarding indemnification, ownership of documents, and conflict of interest, shall survive termination or expiration for two (2) years.

24. Severability. If a court of competent jurisdiction holds any provision of this Agreement to be illegal, unenforceable, or invalid in whole or in part for any reason, the validity and enforceability of the remaining provisions, or portions of them, will not be affected, unless an essential purpose of this Agreement would be defeated by the loss of the illegal, unenforceable, or invalid provision. (Signature Page Follows)
,#1/(&++2%*,-%

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8 IN WITNESS THEREOF, the parties hereto have executed or approv ed this AGREEMENT on the dates below their signatures.

City of Livermore
By___________________________________
Marianna A. Burch____________________
(print name)
Title: City Manager___________________
Date:_________________________________
Livermore Valley Winegrowers Association
By______________________________________
Brandi Lombardi___________________________
(print name)
Title: Executive Director______________________
Date:_____________________________________
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9 EXHIBIT A
Scope of Services
Contractor shall provide the following services:

1. Contractor shall cooperate with City and City staff in the performance of all work hereunder.

2. Contractor will provide projects, programs and activities that benefit wineries within the LVWHD in accordance with the LVWHD Management District Plan attached hereto and any subsequent amendments thereto.

3. Contractor shall perform responsibilities under the Property and Business Improvement District Law of 1994 (the “Law”) including but not limited to:
a. Preparation of the Annual Report required by the Law, which shall include:

1. Any recommended changes to boundaries;

2. The improvements and activities to be provided for that fiscal year;

3. An estimate of cost for providing the improvements and activities for that fiscal year;

4. The method and basis of levying the assessme nt in sufficient detail to allow each business owner to estimate the amount of the assessment to be levied against his/her business for that fiscal year;

5. The amount of any surplus or deficit revenues to be carried over from a previous fiscal year; and

6. The amount of any contributions to be made from sources other than assessments. b. Delivering the Annual Report at least thirty (30) days preceding the fiscal year for which assessments are to be levied and collected to pay the costs of the improvements.

4. Contractor shall develop and mainta in financial records related to receipt and/or expenditure of all funds received from City.
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CITY COUNCIL STAFF REPORT
ITEM NO. 8.1

DATE:

June
8, 2026
TO:

Honorable Mayor and City Council
FROM:

Marianna A. Burch, City Manager
SUBJECT:

Resolution approving the adoption of a Technology Disruption Policy in accordance with Senate Bill 707 and Resolution amending and adopting City Council Meeting Rules of Procedure.

RECOMMENDED ACTION

Staff recommend City Council receive a presentation regarding Senate Bill 707 (SB 707) and adopt the following resolutions: 1) A resolution adopting a Technology Disruption Policy in accordance with SB 707; and 2) A resolution amending and adopting City Council Meeting Rules of Procedure. The proposed Rules of Procedure implement provisions of SB 707 in addition to incorporating minor miscellaneous revisions.

SUMMARY
The Brown Act establishes requirements for open and public meetings of legislative bodies in California.

Under SB 707, the City is required to provide public access and comment opportunity through two-way remote participation during City Council meetings. The legislation expands teleconferencing rules for members of the legislative body and requires agencies to adopt procedures governing interruptions to remote participation platforms.

DISCUSSION
Senate Bill 707 (SB 707), which was signed into law on October 3, 2025, amends portions of the Ralph M. Brown Act relating to teleconferencing, hybrid public meetings, accessibility, and procedures for technological disruptions affecting remote public participation. Many of the provisions of SB 707 took effect on January 1, 2026, with additional requirements taking effect on July 1, 2026.

The legislation establishes new requirements for eligible legislative bodies, including procedures to maintain public access during hybrid meetings, expansion of teleconferencing rules, and protocols for responding to interruptions of remote participation technology platforms. The hybrid meeting requirement will take effect on July 1, 2026.

The City’s current Rules of Procedure do not include provisions addressing remote participation 637
disruptions or certain operational procedures required under SB 707. In compliance with SB 707 and in order to maintain transparency and public access, staff is seeking Council adoption of a Technology Disruption Policy and the amendment and adoption of revised City Council Meeting Rules of Procedure (Attachment 1 - redlined version).

FISCAL AND ADMINISTRATIVE IMPACTS

There are no anticipated costs associated with these resolutions.

COMMUNITY PILLAR

5: A City that Works

GOAL

1: Engage Effectively with the Mayor and City Council

ATTACHMENTS

1. Redlined Rules of Procedure

2. Resolution - Technology Disruption Policy

3. Exhibit A - Technology Disruption Policy

4. Resolution - Rules of Procedure

5. Exhibit A - Rules of Procedure

Prepared by: Deborah
Davis
Executive Assistant

CITY COUNCIL MEETING

RULES OF PROCEDURE

1. Authority
These rules of procedure are established for the effective and fair conduct of City Council meetings and to help promote public confidence in the integrity of local government. By adopting these rules, the City Council intends to balance a policy of full a nd free public action and debate with a need to manage its meetings effectively. [36813 0F 1].

The rules also include expectations for appointments to the City’s advisory bodies and their conduct consistent with these rules, and the Mayor’s assignment of the Council Member’s offices and seats on the dais.

2. Purpose
The purpose of these rules is to document the City Council’s accepted practices and to clarify expectations by establishing guidelines for the orderly, consistent, and fair conduct of the City Council’s business.

These rules of procedure are intended to help implement, but do not limit or supersede, the state and local laws that govern the requirements and responsibilities for the City Council’s meetings. Those laws include, but are not limited to, the California Constitution, the Brown Act, the Political Reform Act, the Livermore Municipal Code, and the Livermore Development Code.

These rules of procedure are not intended to limit the inherent power or the general legal authority of the City Council, and failure to follow these rules will not invalidate a City Council action. [City of Pasadena v. Paine, (1954) 126 Cal.App.2d 93].

3. Rules of Parliamentary Procedure
The City Council has adopted Rosenberg’s Rules of Order, Revised 2011, as its rules of parliamentary procedure. In the event of a conflict between Rosenberg’s Rules of Order and these rules of procedure, these rules of procedure shall control.

4. Applicability
These rules of procedure apply to the preparation, posting, and distribution of the agendas for City Council meetings. They also relate to the orderly discussion of items and the City Council’s voting procedures to take formal action or provide direction to staff.

Lastly, they relate to respective powers for the Mayor and Council Members. 1 All citations are to the California Government Code unless otherwise noted.

ATTACHMENT 1
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2 Revised 20256.076

5. Presiding Officer
The Mayor is the presiding officer for each meeting of the City Council that the Mayor attends. In the Mayor’s absence, the Vice Mayor shall be the presiding officer for the meeting when the Vice Mayor is present. In the absence of both the Mayor and the V ice Mayor, the Council Members present at the meeting shall select a presiding officer for that meeting. [36802].

6. Mayoral Duties and Responsibilities
The Mayor is directly elected at-large for a two -year term in November of each even - numbered year. The Mayor is a member of the City Council and has all the powers of a Council Member, except when exercising their unique mayoral duties. The Mayor enjoys, and shall not be deprived of, any rights and privileges as a Council Member. Additionally, the Mayor shall have all the powers and duties of an elective Mayor as provided by statute. [34903, 36803; LMC 2.04.020; 81 Ops.Cal.Atty.Gen. 75 (1998)].

6.1 Appointment of Vice Mayor and Vice Mayor Duties and Responsibilities The City Council has the statutory power to appoint a Council Member as mayor pro tempore, which position is titled Vice Mayor in Livermore. [34905, 36801].

The Vice Mayor shall be selected for a one-year term and shall be selected at the meeting certifying the election results in each even-numbered year and in December of each odd- numbered year. The Vice Mayor shall have all the powers and duties, including regional board and commission meeting assignments, of a mayor pro tempore as provided by statute. The Council Member selected as Vice Mayor typically rotates among the Council Members. By way of these rules, the City Council invites the Mayor to make the initial nomination of a Council Member for selection and appointment as Vice Mayor at the times designated herein.

If the Mayor is absent or unable to act, the Vice Mayor shall then serve for the Mayor, and shall have all of the powers and duties of the Mayor until such time as the Mayor returns or is again able to act. [34905, 36801].

6.2 Reserved

6.3 Seats on the Dais
The Mayor shall sit at the center of the meeting room dais for all City Council meetings.

If the Mayor is absent, the presiding officer shall sit at the center of the dais.

In December of each year, the Mayor shall assign the seats for the Vice Mayor and the Council Members on the dais. The Mayor should ask Council Members if they have any special needs that should be accommodated before making the assignments.

6.4 Council Member Rooms
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The Mayor shall have use of office 216 at City Hall, or such other designation as that office may be given.

In December of each even-numbered year, the Mayor shall assign the use of rooms 218, 219, 220, and 222, or such other designation as those rooms may be given, to the Vice Mayor and the Council Members. Once assigned for use, each Council Member has the right to stay in a room they are occupying. The Mayor and each Council Member shall vacate their assigned rooms within two weeks of the date their respective terms of office expire.

7. Presiding Officer to Conduct Meetings
The presiding officer is responsible for conducting City Council meetings as follows:

7.1 Call to Order
The presiding officer shall call the meeting to order at the appointed time. If both the Mayor and the Vice Mayor are absent, then the City Clerk shall call the meeting to order and the Council Members present shall then select a presiding officer for that meeting who shall have the duties and responsibilities set forth in Section 5 Presiding Officer and this section for conducting the meeting.

7.2 Preservation of Order
The presiding officer shall preserve strict order and decorum, and shall discourage personal, verbal attacks on Council Members, staff, and/or the public , but shall not prohibit criticisms of the policies, procedures, programs, or services of the City, or of the acts or omissions of the City Council or members of the City staff. The presiding officer shall confine debate to the item under discussion. [36813, 38638, 54954.3, 54957.9].

7.3 Questions of Parliamentary Procedure
The presiding officer shall determine all questions of parliamentary procedure in consultation with the City Attorney and City Manager.

7.4 Reordering of Agenda
The presiding officer may reorder the items on the agenda for a noticed meeting to accommodate members of the public who wish to speak on an agenda item that would otherwise be considered by the City Council later in the meeting. The presiding officer shall announce the reorder prior to calling members of the public to speak during open forum.

7.5 Motion to Be Stated
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The presiding officer shall state all motions submitted for a vote by the City Council , announce the result of the vote, and identify the no votes and any Council Members that abstained or recused themselves from the vote. A roll call vote shall be taken for all teleconferenced and hybrid meetings, and may also be taken at any meeting upon the request of any Council Member. No action shall be taken by secret ballot, but electronic tabulation may be used to record and report roll call votes. [54953(b)(2) and 54953.8(c)(2)].

8. General Rules – City Council Meetings
The City Council endorses, and agrees to comply with, the Brown Act. In the event of a conflict between the Brown Act and these rules of procedure, the Brown Act shall control. [54950 et seq., 54953].

City Council meetings shall be open to the public, but the public shall be excluded from closed sessions as authorized by state law. [54953(a), 54957].

City Council meetings, except for closed sessions, shall be open to the media. The media shall be excluded from closed sessions as authorized by state law. [54953, 54953.5, 54957, 54957.9].

City Council meetings may be recorded by the public and the media, provided such recordings do not interfere with the orderly conduct of the meetings and do not constitute a persistent disruption of the proceedings.

City Council meetings shall include an opportunity for members of the public to attend via a two -way telephonic service or a two -way audiovisual platform unless an exception under state law applies. See Appendix A to these Rules of Procedure for exceptions to this requirement.

8.1 City Council Meeting Schedule
Each July, the City Council shall approve and thereafter follow an annual calendar for its regular meetings in the upcoming year. The annual calendar shall also identify dates for anticipated special meeting workshops. [36805]. When scheduling meeting dates, care should be taken to avoid conflicts with national holidays or dates that would preclude participation by members of the public due to religious or other observances.

8.2 Quorum
The presence of three Council Members shall constitute a quorum of the City Council necessary to transact business at a meeting. In the event a quorum is not in attendance, those attending the meeting will be named in the minutes, and they shall adjourn th e meeting to a set date, time, and location. If all Council Members are absent, the City Clerk shall adjourn the meeting to a set date, time, and location. [36810, 36811].

ATTACHMENT 1
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8.3 Absences

8.3.1 Absence and Compelling Attendance
Council Members who are unable to attend a City Council meeting must request that the Mayor recognize the absence as excused . The purpose of an excused absence is not to relieve Council Members of their responsibility to be present, but is intended to provide the Mayor with an opportunity to ensure an absence is reasonable and to impress upon the Council Member, where necessary, the importance of regular attendance. The minutes shall note whether a Council Member’s absence is excused. If a Council Member is repeatedly absent, the City Council may adjourn from day -to-day to compel the absent Council Member’s attendance under the penalties prescribed by State law. [36513, 36810, 36813].

8.3.2 Absentee Participation
If a Council Member wants to participate remotely in a meeting, the appropriate way to participate is through a teleconferenced or hybrid meeting as provided for in Section 8.4.6 Teleconferenced and Hybrid Meetings. Absent Council Members are discouraged from communicating their opinions on agenda items to staff or other Council Members to present at the Council Meeting on behalf of the absent Council Member.

8.4 Types of Meetings

8.4.1 Regular Meetings
The City Council shall meet in the City Council Chamber in the Civic Center Meeting Hall for all regular City Council meetings. The regular meetings shall begin at 7:00 p.m. on the second and fourth Monday of each month, unless otherwise specified by posted notice. If the meeting date falls on a legal holiday, the Ci ty Council shall meet at a date and time designated by the City Council. Regular meetings with closed session items may begin between 5:00 p.m. and 7:00 p.m. depending upon the number and compl exity of the matters to be discussed. [36805, 54954; LMC 2.06.030].

8.4.2 Special Meetings
Special meetings may be called by the Mayor, the City Manager, the City Attorney, or by a majority of Council Members consistent with applicable laws. The call and notice for a special meeting must specify the items to be considered and the date, time, and location for the meeting. [36807, 54956(a)].

The City Council may take final action at a special meeting that is not a workshop.

ATTACHMENT 1
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8.4.3 Special Meeting Workshops
The City Council may meet in special meetings designated as workshops that are called by the Mayor, the City Manager, or by a majority of Council Members consistent with applicable law . Workshops are special meetings intended for training purposes such as ethics training, sexual harassment prevention and education, and specific technical subjects such as land use. Special meeting workshops are also intended for the City Council to work with staff to develop administrative items such as the budget, for the City Council to receive public input on matters of community wide concern, and for similar activities.

Workshops are open to the public and are meetings for purposes of the Brown Act.

The City Council may provide direction, but unlike other special meetings the City Council may not take a final action at a workshop. [54956].

8.4.4 Closed Session Meetings
Closed sessions may only be held as authorized by state law and shall be held in accordance with the provisions of the Brown Act. The closed sessions may precede or follow a regular meeting or be called as a special meeting. In addition to the provisions i n Section 8.4.2 Special Meetings , the City Attorney or City Manager may call and notice closed session meetings as special meetings. [54954.5, 54956.5, 54956.7-54957.1, 54962].

After meeting in closed session, the City Council shall reconvene in open session and make a public report, either orally or in writing, of any reportable action taken in the closed session and the related vote tabulation. [54957.1, 54957.7].

Closed session matters should be managed within the expected time limits for all items. Lengthy closed session matters should be scheduled at the end of a Council Meeting or as a separate special meeting. If a closed session is scheduled before the start of a regular Council meeting, it should conclude no later than 10 minutes before the start time for the regular Council meeting. When necessary, if a closed session precedes a regular meeting but is not con cluded, then it may be reconvened at the conclusion of that regular Council meeting, but that should be avoided when possible.

8.4.5 Concurrent and Joint Meetings
The City Council may concurrently convene the meetings for the City Council and any other legislative body comprised of the Council Members. [54952.3].

Joint meetings of the City Council and any other legislative body or bodies shall be noticed as a meeting for each body.

8.4.6 Teleconferenced andor Hybrid Meetings
ATTACHMENT 1
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The City Council may meet from different locations connected by electronic means consistent with the provisions of the Brown Act effective at the time of the scheduled meeting. When scheduling a teleconference or hybrid meeting, the City Clerk should consult with the City Attorney to identify the applicable notice, conduct, and participation requirements for the meeting, including any alternative means for “just cause” and “emergency circumstances,” as well as emergency situations when the California Govern or proclaims an emergency for either the Livermore area or statewide. The preferred procedures for teleconferenced orand hybrid meetings are set forth in Appendix A. [54953(b)(c), 54953.8, 54953.8.3].

8.4.7 Adjourned Meetings, and Adjourned Regular Meetings Any meeting of the City Council may be adjourned to a later date, time, and location, and the notice of adjournment shall be posted within 24 hours on or near the door of the place where the adjourned meeting was held. However, if the adjourned meeting is to reconvene less than 24 hours after adjournment, then a copy of the order or notice of the continuance shall be posted immediately following the meeting. [36809, 54955].

The Mayor, presiding officer, City Manager, or majority of Council Members may call for an adjourned regular meeting in consultation with the City Attorney to conduct a regular meeting on a date other than on a regular meeting date on the City Council’s annual calendar. [54955]

8.4.8 Emergency Meetings
As provided in the California Government Code, if at least three Council Members determine that a catastrophic event has caused an emergency situation to exist as defined by law, then the City Council may immediately hold an emergency meeting without complying with the usual notice requirements for regular and special meetings. [54956 and 54956.5]. This rule in no way limits the powers and responsibilities set forth in Livermore Municipal Code Chapter 2.56 Emergency Organization for the Livermore emergency services council and for the director of emergency services.

8.4.9 City Council Committees
The City Council may create standing and ad hoc City Council subcommittees , which creation shall occur at a duly noticed Council Meeting.

Care should be taken to not overburden staff, and therefore, City Council subcommittees should only be created in consultation with the City Manager and the City Attorney. City Council subcommittees should be created judiciously. Staff support shall only be provided to those City Council committees duly created as set forth in these rules.

Ad hoc City Council subcommittees are intended to be useful and efficient vehicles for less than a quorum of Council Members , with appropriate support staff, to ATTACHMENT 1
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explore and develop items for placement on a duly noticed City Council meeting agenda for the City Council to discuss and then provide direction or take action.

City Council standing subcommittees comprised of less than a quorum of the City Council and that have continuing subject matter jurisdiction or a fixed meeting schedule established by the City Council, shall comply with the Brown Act and follow these rules of procedure. [54952(b)].

Ad hoc City Council subcommittees comprised solely of less than a quorum of the City Council and that are limited to both a defined task and a duration that is less than one year, are not subject to the Brown Act and are not required to follow these rules of procedure. [54952(b); Frazer v. Dixon Unified School District , (1993) 18 Cal.App.4th 781].

Any City Council subcommittees comprised of less than a quorum of the City Council and have other persons as members, shall comply with the Brown Act and follow these rules of procedure. [54952(b); Joiner v. City of Sebastopol, (1981) 125 Cal.App.3d 799].

The City Manager shall keep a record of all standing and ad hoc City Council subcommittees that reflects the committee’s creation date, composition, task, duration, and sunset date. The City Manager shall advise the City Council at a duly noticed Council Meeting of any ad hoc subcommittee that has not sunset within one year of its creation so that the City Council can consider whether to terminate the ad hoc subcommittee or reconstitute it as a standing committee.

8.5 Notice and Agenda Posting
The City Clerk shall post the notices and agendas for each City Council meeting in the kiosk in front of the Civic Center Meeting Hall, on the City’s website, the Civic Center Library and at all other locations within the City where the meeting will be held.

When state law requires that the City provide a means by which the public may remotely hear and visually observe a meeting, and remotely address the City Council, the agenda shall include a description of how members of the public may access the meeting and offer public comment. [54953.8(b)(2)]
Any requirement to post notices and agendas at a remote teleconferenced or hybrid meeting location outside the City’s jurisdiction shall be the responsibility of the Council Member attending the meeting from that location. [54954.2].

8.5.1 Regular Meetings
It is the City Council’s goal that the agendas for regular meetings should be posted at least 6 days before the meeting dates, but in no event shall the agenda for a regular meeting be posted less than 72 hours before the meeting date. [54954.2].

8.5.2 Special Meetings and Workshops
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Notice of the call for a special meeting must be delivered and received by each Council Member and the media at least 24 hours before the special meeting, and must be posted at least 24 hours before the special meeting date. To the extent possible, it is t he City Council’s goal that the notice and agendas for special meeting workshops should be posted at least 6 days before the meeting dates, and in no event shall the notice and agenda for a workshop be posted less than 24 hours before the meeting date. [54956].

8.6 Actions Limited to Posted Agendas
The City Council shall not discuss or take action on any item of business not appearing on the posted notice or agenda for a duly noticed Council meeting. However, as permitted by the Brown Act, Council Members and staff may briefly respond to statements made or questions posed by the City Council or by members of the public addressing the City Council. City Council members should refrain from rejoinders to perceived derogatory or repugnant public comments during council meetings. Council Members may ask a question of City staff or a speaker for clarification, make a brief announcement, or make a brief report on their own activities.

Similar to section 8.4.8 Emergency Meetings, upon determination by three Council Members that an emergency situation exists as required by law, or upon a determination by four Council Members (or all members present if less than four are in attendance) that there is a need for immediate action that came to the City’s attention after the meeting agenda was posted, the agenda may be amended as provided by law to add an item for consideration and action. [54954.2, 54956, 54956.5].

8.7 Continuance of Agenda Items
Items listed on a posted agenda should not be continued or postponed absent good cause.

8.7.1 Discovery of Good Cause Before an Item is Considered If good cause to continue an item is discovered by City staff after a notice or agenda is posted but before the meeting commences, then after calling the meeting to order the presiding officer shall identify the item and announce that it has been continued.

8.7.2 Good Cause to Continue During Consideration
Once an item has been taken up for consideration, City staff, a Council Member, or a participating party as defined in Section 10.6.3 Participating Parties may request a continuance of the item. The item may only be continued following a majority vote of the Council Members present.

8.7.3 Public Comment for a Continued Item
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If the opportunity for the public to address the City Council has concluded, or the public hearing portion of an item was formally closed, and the item was returned to the City Council for deliberation before it was continued, then the opportunity for public comment on the item will not be reopened absent a motion by the City Council. [54955].

8.8 Consideration of items after 11:00 p.m.

8.8.1 Canvass and Reorder
At 10:30 p.m., or as soon thereafter as practical, the presiding officer shall canvass staff and Council Members present to identify the remaining agenda items for consideration. The presiding officer will then identify what items will be considered or continued, and in what order. Once the presiding officer outlines the balance of the agenda, it may not be amended absent an appeal by a Council Member.

If the City Manager, Mayor, presiding officer, or a City Council Member believes the duly noticed agenda for a Council meeting is not likely to be completed in one day, then the City Clerk shall poll the Mayor and Council Members in advance of the meeting to determine their availability to reconvene later that same week. To accommodate members of the public so they do not have to rearrange their schedules, to the extent possible, the public comment period for an item that was started should be completed before the continuance of an item.

8.8.2. No New Items Considered after 11:00 p.m.

The City Council shall not begin consideration of any items on an agenda after 11:00 p.m., but may complete their consideration of an item that was commenced prior to 11:00 p.m.

8.8.3 Exceptions
The City Council may commence consideration of an item after 11:00 under the following circumstances:
a. An item is subject to a legal deadline, such as a project application subject to the Permit Streamlining Act; or,
b. The City Council votes to allow consideration of the item after 11:00 p.m.

8.9 Breaks.

The presiding officer shall provide for a 10 -minute break after approximately every two hours of meeting time . The break should be called a t a convenient point in the proceedings closest to the two-hour mark. Council Members may request breaks at other times as needed. Council Members and staff are expected to return promptly at the designated time to resume the meeting.

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8.10 Points of Order, Privilege, and Personal Privilege A Council Member may ask for a point of order, at which time the presiding officer will ask for an explanation. Appropriate points of order relate to matters that a Council Member considers inappropriate conduct for the meeting, such as the failure to observe these Rules of Procedure, the City Council’s Values and Norms, or the rules of parliamentary procedure.

A Council Member may seek a point of privilege. If so, the presiding officer shall ask for an explanation of the Council Member’s point. Points of privilege generally relate to matters that interfere with a normal flow or comfort of the City Council’s meeting, such as the inability to hear testimony because of disruption.

A Council Member may ask for a point of personal privilege when the integrity, character, or motives of the Council Member are called into question by a speaker , or where the welfare of the City Council is concerned.

If a speaker is interrupted by a point of order, privilege, or personal privilege, the remainder of a speaker’s time will be preserved by the City Clerk until the point is resolved.

8.11 Minutes

8.11.1. All Proceedings Recorded
An account of all open meetings of the City Council shall be recorded, and action minutes prepared, by the City Clerk. [36814, 40801]. After the City Council approves the meeting minutes, the City Clerk shall enter them into official minute books of the City Council. The City Attorney may prepare attorney work product notes for closed session meetings attended. [36814].

8.11.2 Approval
The minutes for a City Council meeting shall be reviewed and approved as set forth in this section.
a. The City Council shall approve minutes for a regular meeting, special meeting, and special meeting workshops, except that City Council approval is not required for the City Attorney’s closed session attorney work-product notes. b. A Council Member may not approve the minutes for any City Council meeting that the Council Member did not attend, unless the Council Member observed the meeting or reviewed a video or audio recording prepared for that meeting.

Also, a Council Member may no t approve the minutes for a meeting that they were not eligible to attend as a Council Member. The minutes may be approved by a majority of the remaining eligible Council Members, or by a lone eligible Council Member.

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c. If no Council Members are eligible to approve the minutes for a City Council meeting, then the City Clerk shall attest to the accuracy of the meeting minutes and enter them into official minute books of the City Council.

8.11.3 Preferred Method of Recordation and Minutes City Council meetings may be recorded by electronic means. The preferred methods for recording City Council meetings are set forth in Appendix B. [54953].

8.12 Staff Attendance

8.12.1 City Manager
The City Manager shall attend all City Council meetings unless excused by the Mayor, and the City Manager’s designee attends. [LMC 2.08.060.F]. The City Manager may make recommendations and shall have the right to take part in all discussions of the City Council, but shall have no vote.

8.12.2 City Attorney
The City Attorney shall attend all City Council meetings unless excused by the Mayor, and an Assistant City Attorney attends. Upon the City Council’s request, the City Attorney shall provide opinions and recommendations, either written or oral, on questions of law and procedure.

8.12.3 City Clerk
The City Clerk shall attend all City Council meetings unless excused by the City Manager, and in their absence, the City Clerk’s designee shall attend. The City Clerk shall record, prepare, and maintain the official record of the City Council’s proceedings and perform other related duties as may be prescribed by the City Council and the City Manager. [36814, 40801].

8.12.4 Department Heads/Employees
Department Heads and employees shall attend City Council meetings as directed by the City Manager. The City Manager and City Attorney are encouraged to minimize the number of employees and consultants attending the meetings in - person.

8.12.5 Sergeant-at-Arms
A Sergeant-at-Arms, who shall typically be a sworn member of the City’s Police Department, shall attend City Council meetings as directed by the City Manager. [38638].

8.13 Meetings That Are Not Subject to the Brown Act
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As provided by the Brown Act, a quorum of the City Council may attend conferences and similar gatherings, open community meetings organized by a person or organization other than the City Council, open and noticed meetings of another legislative body other than a City advisory body, and social and ceremonial gatherings without complying with the notice and agenda requirements in these rules of procedure, provided that the Council Members do not discuss among the mselves business of a specific nature that is within the City’s subject matter jurisdiction. [54952.2(c)(3)-(5)].

Meetings of an ad hoc City Council subcommittee are not subject to these rules of procedure unless the City Council expressly state s that the subcommittee shall follow these rules. [54952].

Briefings of less than a quorum of the City Council are not subject to these rules of procedure provided the briefings comply with the Brown Act. [54952.2; Wolfe v. City of Fremont, (2006) 114 Cal.App.4th 533].

9. Agenda Development
The City Manager is responsible for preparing the City Council’s meeting agenda to present items requiring direction or action by the City Council. Items may also be placed on an agenda for City Council consideration in the following ways: by direction of a duly created City Council subcommittee with the City Manager’s concurrence; by direction of the City Attorney in consultation with the City Manager; by direction of a majority of Council Members during the matters initiated portion of the agenda to place an item on a future agenda; and under any processes set forth by statute or ordinance that requires City Council action, including City Council consideration of land use matters, appeals, and other matters as set forth in the Livermore Municipal Code and the Livermore Development Code.

The agenda shall contain a brief general description of each item of business to be transacted or discussed, including any items to be discussed in closed session. [54954.2, 54954.5].

10. Order of Business – Regular Meetings
The usual order of business for regular meetings shall be as follows:

10.1 Call to Order
This portion of the agenda is for roll call, the pledge of allegiance, and the reporting out from any closed session items that may have occurred prior to the meeting.

10.2 Proclamations and Presentations
This portion of the agenda is for City proclamations to recognize significant community events, people, or days. The presiding officer shall read and present, or designate a ATTACHMENT 1
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Council Member to read and present , the proclamations. The City Manager, or their designee, may develop a policy regarding proclamations as a guide. It is also for City advisory bodies to make brief presentations to the City Council on their activities. As authorized by the presiding officer or the City Manager, this portion of the agenda may be also be used to accommodate requests from other local, regional, or state legislative bodies and elected officials wishing to make brief presentations to the City Council concerning activities of interest to the City.

These are ceremonial matters and not action items by the City Council. While the preference is for proclamations to be included in the posted agenda, the desire to recognize a significant community event, person, or day may arise or be discovered after an agenda is posted. In that case, the presiding officer may make additional proclamations at a City Council meeting so long as they do not unduly interfere with the City Council’s business.

The public does not have the right to address the City Council during this portion of the agenda. [54954.3(a); Coalition of Labor, Agriculture & Business v. County of Santa Barbara Bd. of Supervisors, (2005) 129 Cal.App.4th 205].

10.3 Confirmation of Advisory Body Appointments
This portion of the agenda is for City Council confirmation of appointments to advisory bodies and to administer the oath of office to advisory body members. The public has the right to address the City Council during this portion of the agenda.

10.4 Open Forum
This portion of the agenda is for any member of the public attending in person or participating remotely to address the City Council on any item of interest to the public that is within the City Council’s subject matter jurisdiction. However, to prepare and preserve a proper administrative record, public comments concerning an item listed elsewhere on the agenda should be reserved and addressed to the City Council when that item is called for consideration.

Open forum shall be limited to 30 minutes, usually before the consent calendar. If there are additional members of the public who wish to speak at the conclusion of the 30-minute time period, then the presiding officer shall reconvene the open forum at the conclusion of the matters for consideration portion of the agenda unless the presiding officer announces that open forum is reordered to a different place on the agenda.

The procedures for public comments during open forum are set forth in Section 1 2 Speaker’s Rights.

10.5 Consent Calendar
The consent calendar portion of the agenda is for routine items that are not expected to require City Council discussion. Examples of items for the consent calendar include the approval of minutes, resolutions confirming actions from a previous meeting, th e ATTACHMENT 1
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introduction and adoption of ordinances, the processing of administrative items such as the approval of contracts and delegation of authority to execute them on behalf of the City, the acceptance of public improvements, and other routine items requiring City Council approval by ordinance, resolution, or law. Any Council Member may pull an item for separate discussion. Members of the public may address the City Council on consent calendar items by following the procedures set forth in Section 12 Speaker’s Rights.

The items on the consent calendar are generally approved by the City Council by a single motion, but separate motions may be appropriate to accommodate a conflict of interest, an absence, or other Council Member interests.

10.6 Public Hearings
The public hearing portion of the agenda is reserved for items that require, by statute , ordinance, or practice, a noticed public hearing for action. The public hearing items shall be noticed as required by law. [6060].

The procedures for public hearings are as follows:

10.6.1 Introduction
The presiding officer shall call each item for hearing and consideration. If there are related public hearing items, the presiding officer has the discretion to concurrently call the related items for hearing and consideration.

10.6.2 Staff Presentation
A member of City staff will then:
a. Introduce themselves and the item by identifying the report and other written material included in the agenda packet for the City Council’s consideration, as well as any written comments received from the public. b. Identify any supplemental written materials that have been provided to the City Council for consideration, which were received or prepared for the item after the meeting agenda was published.
c. Identify any other staff members or consultants that will be part of the staff presentation or are otherwise present and available for City Council questions.
d. State whether the applicant is present and whether the applicant intends to make a presentation to the City Council.
e. Make an oral report, unless waived by the City Council.

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f. Advise the City Council whether the decision on the item of business is legislative, quasi-judicial, or administrative.
fg. Identify any elements or findings required to approve the item of business, and the facts or information supporting those elements or findings.

10.6.3 Participating Parties
Following the staff presentation, the applicant, appellant, and other named participant in the item that is party to an agenda item (collectively “participating parties”) may address the City Council. Participating parties shall address the City Council following the procedures set forth in Section 12 Speaker’s Rights.

After the presiding officer determines that no other participating parties wish to address the City Council on the hearing item, the presiding officer will open the public hearing.

10.6.4 Opening and Closing the Public Hearing
The purpose of the public hearing is to provide members of the public who attend in person or participate remotely with an opportunity to address the City Council concerning the hearing item, as well as to express their support or opposition of the item. The presiding officer will formally announce the opening of the public hearing and invite members of the public to address the City Council on the hearing item. Public speakers shall address the City Council following the procedures set forth in Section 12 Speaker’s Rights.

After the presiding officer determines that no other member of the public wishes to address the City Council on the hearing item, the presiding officer will formally close the public hearing and return the item to the City Council for City Council questions and comments.

10.6.5 City Council Questions or Comments
Following the staff presentation, comments by the participating parties, and public comments during the public hearing, if any, the City Council may ask questions of City staff, consultants, and participating parties, or make comments on the item.

10.6.6 City Council Deliberation
Following City Council questions and comments, the presiding officer will invite the Council Members to discuss the item to develop concurrence for a motion. Council Members may continue to ask questions of staff, consultants, and the participating parties as part of their deliberations. The procedures for City Council deliberation are set forth in Section 13 City Council Deliberation.

10.6.7. City Council Action
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After City Council deliberation, the presiding officer shall call for a motion and a second as set forth in Section 14 Motions, and the City Council may make such motions as set forth in that section.

If the motion seconded for consideration is substantially different than the recommended action in the published staff report, the presiding officer may, but is not required, to invite public comments on the motion. If the invitation is extended, then speakers will be limited to either one minute to comment on the motion or such other time specified by the presiding officer. The City Council has discretion to debate the decision by the presiding officer whether or not to hear further comment. If invited, public speakers shall address the City Council following the procedures set forth in Section 12 Speaker’s Rights.

10.7 Matters for Consideration
This portion of the agenda is for items of business that require City Council action or direction, the receipt of reports, or that would benefit from City Council discussion that do not also require a public hearing. Generally, the procedures for this portion of the agenda follow the same procedures found in Section 10.6 Public Hearings, except that the public hearing is replaced by the opportunity for the public to comment after the staff presentation.

Prior to deliberating on matters for consideration, the City Council shall receive public comment as provided for in Section 12 Speaker’s Rights. After receiving public comment, the City Council shall deliberate as set forth in Section 1 3 City Council Deliberation and shall receive the report, take action, or provide direction as set forth in Section 14 Motions.

10.8 City Council Reports and Matters Initiated by Staff and City Council This portion of the agenda is for:

1. Each member of the City Council to provide brief reports on any intergovernmental agency meetings, conferences, community meetings, meetings of other legislative bodies, or other events of interest to the community . For efficiency and completeness, each Council Member should use the activity reporting spreadsheet and submit their reports to the City Clerk by the deadline set by the City Clerk on the day of the Council meeting so the report can be included in the supplemental materials distributed in advance of the meeting. Council members are encouraged to highlight in their oral presentations only those events of most interest to the community. Items listed in the written City Council Reports are not included in the meeting minutes, even if highlighted during the Council Member’s oral comments.

These items are considered part of the official record via the supplemental packet.

If a Council Member shares information during the meeting that is not included in their written report, that information will be captured in the meeting minutes. To the extent practical, Council members should report on significant decisions being considered by the regional boards, commissions, and committees to which they have been appointed for the City . For those events that the Council Member ATTACHMENT 1
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attended at the City’s expense , it is the City Council’s preference to satisfy th e expense reporting requirement by submitting a written report of the activities attended. [53232.2(d)];

2. The City Manager, City Attorney, and City staff to provide information of community interest to the City Council and to seek direction from the City Council concerning items to be included on future agendas;

3. The City Council to provide guidance and direction to staff concerning items to be included on future agendas and information to be provided in response to questions raised during open forum;

4. The City Council to request a matters initiated for staff to provide information, perform studies, or undertake other administrative functions or to develop information for Council action at a future meeting. Before requesting a matters initiated, the initiating Council Member is expected to confirm with the City Manager that there is adequate staff resource capacity to address the request, and the City Attorney to the extent the matter involves legal review . If the requested action is routine in nature, the City Manager will direct staff to proceed. Howeve r, if the request cannot be accomplished within the approved budget or City Council priorities, or will involve substantial staff resources, the City Manager will report to the City Council at a subsequent City Council meeting and request further direction. At that time, the consensus of a majority of the City Council will be required to proceed.

Members of the public do not have the right to address the City Council during this portion of the agenda. [54954.3(a); Coalition of Labor, Agriculture & Business v. County of Santa Barbara Bd. of Supervisors, (2005) 129 Cal.App.4th 205].

10.9 Adjournment
This portion of the agenda is for the presiding officer to adjourn the City Council meeting at the conclusion of business and announce its next meeting. The meeting may be adjourned to a regular meeting, special meeting, special meeting workshop, adjourned regular meeting, or adjourned special meeting. The presiding officer may adjourn the meeting in honor of a distinguished Livermore resident or other person of community interest that has passed away.

The presiding officer may simply adjourn the meeting after the conclusion of the business items, however, a djournment at any other point in the meeting other than after the conclusion of the business items on an agenda will require a formal motion by the City Council.

11. Order of Business – Special Meetings and Workshops
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No matters except those specified in the notice and agenda for a special meeting or special meeting workshop may be discussed at those meetings.

The usual order of business for special meetings and workshops shall be as follows:

11.1. Call to Order
This portion of the agenda is the same as it is for a regular meeting.

11.2. Public Comment
The purpose of this portion of the agenda is to provide the public with the opportunity to address the City Council on only those items listed in the posted notice and agenda for the special meeting or workshop. Public comment shall be received immediately after the staff presentation, if any.

Public speakers shall address the City Council following the procedures set forth in Section 12 Speaker’s Rights.

However, unlike a regular meeting, the agendas for special meetings and workshops will not include an open forum for the public to address the City Council on any item of interest to the public that is within the City Council’s subject matter jurisdiction, unless that opportunity is expressly included in the agenda.

11.3 Special Meeting Item and Workshop Item
Generally, the procedures for this portion of the agenda follow the procedures in Section

10.6.1 Introduction, 10.6.2 Staff Presentation , 10.6.5 City Council Questions and Comments, and 10.6.6 City Council Deliberation. The City Council may take a final action at a special meeting, but not at a workshop, as set forth in Section 8.4.2 Special Meetings and Section 8.4.3 Special Meeting Workshops

11.4 Adjournment
This portion of the agenda is the same as it is for a regular meeting.

12. Speaker’s Rights
A City Council meeting is a limited public forum. [78 Ops.Cal.Atty.Gen. 224 (1995); Kindt v. Santa Monica Rent Control Bd. (9 th Cir. 1995) 67 F.3d 266; White v. City of Norwalk, (9th Cir. 1990) 900 F.2d 1421; Leventhal v. Vista Unified School District (SD Cal. 1997) 973 F.Supp. 951]. Members of the public have the right to address the City Council and to attend its meetings, except for closed sessions and other meetings that permit the public to be excluded as a matter of law. During the open forum portion of a regular ATTACHMENT 1
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meeting agenda, members of the public have a right to address the City Council on any item of interest to the public that is within the City Council’s subject matter jurisdiction.

Members of the public also have the right to address the City Council before the City Council considers or takes action on an item on any regular meeting agenda, except for items properly listed or considered in the Call to Order, Proclamations and Presentations, City Council Reports and Matters Initiated by Staff and City Council, and the Adjournment portions of the agenda. Members of the public shall be provided an opportunity to address the City Council concerning any item that is described in the notice for special meeting workshops and special meetings. [54954.3].

The procedures for addressing public comments to the City Council are as follows:

12.1 Addressing the City Council
Members of the public, attending in person or participating remotely, who want to address the City Council during open forum or before the City Council considers or takes action on an item must indicate their desire by personally submitting a request to speak to the City Clerk, or their designee, using the methods specified by the City Clerk in the agenda for that meeting. A member of the public may not submit a request to speak on behalf of any other person. The methods for addressing the City Council will be described at each meeting. The City Clerk will prominently display the methods to address the City Council in the hallway outside the City Council Chamber or other location where the City Council gathers in person for a meeting and on the City’s website.

The presiding officer shall open public comment during open forum and for agenda items by asking the City Clerk whether there are any members of the public who wish to address the City Council. If there are, the presiding officer will then ask the City Clerk to manage the process for calling on speakers as described in Section 12.3.1. Speakers may request the opportunity to address the City Council until the City Clerk announces that there are no more speakers who have expressed their interest to address the City Council. At that time, the presiding officer will close the public comment period. Once the presiding officer closes the public comment period, no more additional requests to address the City Council during open forum or for the agenda item will be accepted absent invitation by the presiding officer.

The purpose of submitting a request to speak is to help the presiding officer conduct the City Council’s meetings and to complete its business in an orderly fashion. The intent is not to limit testimony. Therefore, a member of the public will not be denied an opportunity to speak if a request to speak does not provide all of the information requested from a speaker or because a speaker wants to remain anonymous. Speakers who have not submitted a request to speak on time may be heard by the presiding officer’s recognition or by another Council Member’s successful appeal. [White v. City of Norwalk, (9 th Cir. 1990) 900 F.2d 1421].

12.2 Speaker Time Limit
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The amount of time allotted to each member of the public attending in person or participating remotely and wishing to address the City Council shall be limited to a maximum of three minutes. For the consent calendar, a speaker’s time is limited to a single comment with a maximum of three minutes for all consent calendar items , except for items that are pulled by a Council Member for separate discussion, in which case the speaker’s time shall be limited to a maximum of three minutes on the item pulled for discussion and a separate opportunity to speak of up to a maximum of three minutes for the balance of the consent calendar. Individual members of the public may not yield their allotted time, or any remaining portion thereof, to anyone else. The presiding officer may reduce the amount of time allotted to each speaker based upon the number of persons wishing to speak, the complexity of the item if one is being considered, the anticipated time reasonably needed to complete the remaining items on the meeting age nda, and other reasonable factors. Members of the public participating remotely will be given the same time allotment to address the City Council as members of the public atte nding in person. [54954.3(b), 54953.9; Kindt v. Santa Monica Rent Control Bd. (9 th Cir. 1995) 67 F.3d 266; Chaffee v. San Francisco Public Library Commission, (2005) 134 Cal.App.4 th 109; 75 Ops.Cal.Atty.Gen. 89 (1992) ]. A speaker using an interpreter , and speakers needing accommodation for a disability, shall be allowed twice the allotted time. [54954.3].

Prior to calling for public comment during the open forum, as well as before the City Council considers or takes action on an item, the presiding officer shall set and announce the time limit for each member of the public to speak before inviting members of the public to address the City Council. For the purposes of these rules, lectern means the physical podium in the meeting room provided for the public to address the City Council, but also includes the electronic location utilized by the City Clerk to a ccept electronic comments for a teleconferenced or hybrid City Council Meeting.

Open forum will conclude after 30 minutes , but if there are remaining speakers at the conclusion of the 30 -minute time-period who wish to address the City Council , then the open forum shall be reconvened after the Matters for Consideration portion of the agenda as set forth in Section 10.4 Open Forum.

12.3 Members of the Public Addressing the City Council

12.3.1 A list of people who have requested to speak shall be used to call each speaker to the lectern to address the City Council. When calling a speaker to the lectern the next two speakers will also be identified so they are prepared to address the City Council when called to the lectern.

For teleconferenced andor hybrid meetings, the City Clerk will manage the process for calling speakers who are physically present to the lectern or to unmute speakers participating remotely. The speakers physically present at the meeting will be called upon before those participating remotely. When there are no more people physically present who have expressed an interest in addressing the City Council, the City Clerk will then call upon the speakers participating remotely.

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12.3.2 The presiding officer may request each speaker to state their name and city of residence before addressing the City Council. A speaker is not required to provide their name or address in order to address the City Council. However, to the extent such information is relevant to the issues being considered by the City Council during a public hearing, the absence of such information may bear on the speaker’s credibility and the weight the City Council affords the speaker’s comments.

12.3.3 Speakers shall address their comments only to the City Council as a body and not to a particular member or to the audience.

12.3.4 Members of the public may only address the City Council from the lectern or by participating remo tely. No member of the public, other than the speaker at the lectern or the speaker participating remotely, may address the City Council, unless called upon by the presiding officer.

12.3.5 No question shall be asked of Council Members by a speaker, except through the presiding officer. No question shall be asked of a speaker by a Council Member, except through the presiding officer . Council Members, the presiding officer , and the speaker are not obligated to answer any questions asked. The presiding officer may refer questions to staff for a brief answer while the speaker is at the lectern.

12.3.6 Speakers shall not use their time to unduly disrupt the orderly conduct of the City Council’s meeting.

12.3.7 Speakers are encouraged to avoid repetition.

12.3.8 Speakers are encouraged to avoid making personal attacks.

12.3.9 Each speaker shall conclude their comments relinquish the lectern when their time to address the City Council has expired.

12.3.10 A speaker may use their allotted time to read letters or other documents, play electronic recordings at a non-amplified volume, or otherwise present information to the City Council in a non-disruptive manner, provided those activities are completed within the allotted time. The City will not provide the means for a speaker to play an electronic recording.

12.3.11 When called upon during open forum, speakers may address the City Council on any item of interest to the public within the City Council’s subject matter jurisdiction. [54954.3(a)].

12.3.12 When called upon to provide public comment on a specific item of business on the agenda, speakers shall focus their comments on that specific item of business before the City Council. [54954.3(a); White v.

City of Norwalk, (9 th Cir. 1990) 900 F.2d 1421; 78 Ops.Cal.Atty.Gen 224 (1995)].

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12.3.13 Members of the public addressing the City Council are limited to one oral public comment per speaker per item.

12.4 Participating Parties Addressing the City Council
Participating parties shall comply with the procedures set forth in Section 1 2 Speaker’s Rights when addressing the City Council, except that the participating parties shall each have up to a maximum of 10 minutes to address the City Council. The presiding officer may set and announce the time limit for each active participant to address the City Council based upon the same criteria set forth in Section 12.2 Speaker Time Limit.

When the City Council is acting in its quasi -judicial capacity, the presiding officer may further modify the rules of procedure in this section or adopt such additional rules of procedure and speaker times as may be reasonably necessary to afford the active participants with procedural due process commensurate with the rights at issue.

12.5 Public Criticism
Public criticism of the City’s policies, procedures, programs, or services, or of the acts or omissions of the City Council, shall not be prohibited. However, the rights of each speaker to express their views are not absolute and nothing in these rules of procedure are intended to confer any privilege or protection for expression beyond that otherwise provided by law. [54954.3].

12.6 Disruptive Speech and Conduct
Any person unduly disrupting a City Council meeting in person or participating remotely may be requested by the presiding officer to leave the meeting. The presiding officer shall discourage demonstrations before the City Council, such as applauding or booing. Upon instructions by the presiding officer, a Sergeant-at-Arms or the City Clerk may be called for the purpose of removing any person who, in the presiding officer’s judgment, has disrupted the meeting. [36813, 38638, 54954.3, 54957.9, Penal Code 403] . Prior to removing a person for disrupting a meeting, the presiding officer shall warn the individual that their behavior is disrupting the meeting and that their failure to cease their behavior may result in their removal. However, a warning is not requ ired before removing a disruptive individual whose behavior constitutes use of force or a true threat of force consisting of a threat that has sufficient indicia of intent and seriousness that a reasonable observer would perceive it to be an actual threat to use force. [54957.95]. When possible, the presiding officer is encouraged to use alternative means, such as direction to speakers to avoid disruption or by taking a recess to review these rules with the speaker, to avoid disruptions to allow the City Council to complete its business.

12.7 Written Communications – Post Hearing Notice, and/or Post Agenda Publication The City Council encourages the submission of written comments by the public prior to a meeting since that affords the City Council and staff the time to duly consider the comments, and for the City Clerk to incorporate the comments into the City’s agenda publications.

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12.7.1 Submitted after the hearing notice is sent or published, but before the Agenda Publication.

Any member of the public may submit written public comments and materials to the City Council through the City Clerk’s Office. All written public comments and materials submitted between the date when the public hearing notices are published (10 days prior to the meeting or as otherwise required by statute) and 5:00 p.m. on the day before agenda publication. The City Clerk shall deliver all written public comments and materials received by 5:00 p.m. the day before agenda publication as part of the agenda packet for the posted agenda.

12.7.2 Submitted Post Agenda Publication.

Any member of the public may submit electronic public comments to the City Council using the electronic submission process the City Clerk specifies and makes available on the City’s website within the timeframe provided on the agenda. Any additional attachments can be submitted directly to the City Clerk.

All comments submitted using the City Clerk’s electronic process will be made concurrently available to the public and the City Council as soon as practicable, and the City Clerk shall post on the City’s website and deliver any additional materials received by 12:00 p.m. noon the day of the meeting to the City Council in a supplemental packet prior to the meeting.

Physical copies of written public comments and materials, and electronic and physical materials submitted to the Clerk’s Office before 12:00 p.m. noon on the day of the City Council meeting, will be included in the supplemental packet. After 12:00 p.m. noon on the day of the City Council meeting, any member of the public who desires to submit materials to the City Council for consideration at that meeting is hereby instructed to present 8 copies of the materials to the City Clerk for distribution to the City Council at its meeting when the item is considered, and the City Clerk shall include those comments and materials as a supplement al materials packet for items received at the meeting to be included in the final record.

12.7.3 Special Meetings and Workshops.

For special meetings and workshops, the City Clerk shall specify the instructions and timeframes for the public to submit written public comments and materials in the agenda for those meetings.

12.8 Approaching the City Council
Once a meeting is called to order, no member of the public physically present shall enter the area between the lectern and the dais without an invitation from the presiding officer.

Members of the public may enter the area before and after the meeting, and during a recess, for the purpose of interacting with the individual City Council Members and City staff.

13. City Council Deliberation
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City Council deliberations shall be orderly and guided by the presiding officer to reach a decision on the item before them or to provide the direction sought by staff.

Once an item is before the City Council for deliberation, the presiding officer shall call upon each individual Council Member present, in turn, to comment on the item and the recommended action or direction sought by staff. When participating remotely at a teleconferenced or hybrid meeting, Council Members should use the raise hand feature, or other feature offered by the electronic platform used for the meeting, to indicate they wish to speak and the presiding officer should call upon them in the order they requested to speak. Council Members may debate the merits of the item and recommendation, but shall not interrupt any other Council Member who is speaking. After each Council Member has an opportunity to express an opinion on the item, the presiding officer shall invite discussion and then a motion.

14. Motions

14.1 Making a Motion
A motion may be made by the presiding officer or a Council Member. Once a motion has been made, the presiding officer will solicit a second. A motion shall die unless it receives a second. If a motion receives a second, the presiding officer shall then invite debate and discussion on the motion and any amendments.

Any Council Member who makes a motion may withdraw it during debate and discussion, even to the point of interrupting a speaker to do so. If the motion is withdrawn, the presiding officer may ask the person who seconded the motion if that Council Member wishes to make the motion, subject to another Council Member’s second.

14.2 Categories of Motions
There are four categories of motions that the City Council may consider.

The first category is a basic motion, which is one that puts forward a decision for consideration. For example, a motion to approve City staff’s recommendation.

The second category is a motion to amend an earlier motion. Such an amending motion changes a basic motion under discussion in a minor way, but does not supersede it. For example, adding a condition to a basic motion to approve staff’s recommendation. If the maker of the basic motion, and the second, accept the amendment, then the amendment shall be incorporated into the original motion without the need for a second on the amending motion. If an amendment is not accepted into the basic motion by the moving Council Members, the process for voting on simultaneous motions is then followed.

The third category is a substitute motion. Such a motion completely does away with the basic motion under discussion and puts a new motion before the City Council. For example, if the basic motion is to approve staff’s recommendation, a substitute motion would propose numerous changes to staff’s recommendation or assembles multiple amending motions into a single motion. If a substitute motion receives a second , then ATTACHMENT 1
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the initial basic motion does not require action since it was substituted. If a substitute motion fails, the process for voting on simultaneous motions is then followed.

The fourth category is a hostile motion. A hostile motion is one that seeks to accomplish the opposite effect of the basic motion. For example, when a basic motion is to approve a project, a hostile motion is one to deny the project. If a hostile motion is made, the process for voting on simultaneous motions is then followed.

A decision whether a motion is one to amend or substitute is left to the presiding officer’s sole discretion. A decision whether a motion is hostile is left to the presiding officer in consultation with the City Attorney.

14.3 Simultaneous Motions
The City Council may consider up to three motions on the floor at one time. The presiding officer may reject a fourth motion until the three before the City Council have been resolved. When multiple motions with seconds are before the City Council, the City Council shall consider and vote on the last motion made. Generally, the discussion when a motion is before the City Council should focus on the last motion made. Once the vote on the last motion takes place, if necessary, the discussion and decision on additional motions will take place in order working back to the first motion made.

However, a hostile motion shall not be in the floor at the same time as the motion it challenges. A hostile motion shall be considered after a vote on the basic motion and its amendments, that it challenges.

14.4 Debatable and Non-debatable Motions
Debatable motions are subject to Council Member comment and discussion before calling for a vote. Non -debatable motions are not subject to Council Member comment and discussion, and are to be voted on immediately.

14.4.1 Debatable Motions
Debatable motions are motions to take action on agenda items and other items of City business. For the purpose of these rules of procedure, all motions are debatable except those expressly identified in Subsection 14.4.2 Non-Debatable Motions. Debate on a motion should continue as long as Council Members wish to discuss an item, subject to the presiding officer’s determination that it is time to call for the question.

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a. Motion to Adjourn. If passed, a motion to adjourn requires the City Council to immediately adjourn to its next regularly scheduled meeting. b. Motion to Recess. If passed, a motion to recess requires the City Council to immediately take a recess, the length of which the presiding officer will determine. The presiding officer may order a recess without a motion, and without adjourning the meeting, as the presiding officer determines a recess is necessary to maintain decorum and conduct the meeting in an orderly fashion.
c. Motion to Fix the Time to Adjourn . If passed, a motion to fix the time to adjourn the meeting requires the City Council to adjourn at a specific time set in the motion.
d. Motion to Table an Item. If passed, a motion to table an item postpones an item indefinitely or to a date and time certain set in the motion. If the motion does not contain a specific time, an additional motion is required to bring the item back to the City Council at a future meeting.
e. Motion to Continue an Item . A motion to continue an item has the same effect as a motion to table, but is generally used when good cause exists or in response to a request by staff, a Council Member, or a participating party, as set forth in Section 8.7 Continuance of Agenda Items , or a scheduling problem arises. If passed, the motion continues the item indefinitely or to the date and time set in the motion. If the motion does not contain a specific time, an additional motion is required to bring the ite m back to the City Council at a future meeting.
f. Call for the Question. A motion to call the question, also known as moving the previous question or limiting debate, stops further City Council deliberation, debate, and discussion on an item. It can be stated as stopping debate or discussion within a certain period of time, s uch as 15 minutes. If seconded, the presiding officer shall then call for a vote on the motion or motions pending before the City Council as provided for in Section 7.5 Motion to Be Stated.

14.5 Miscellaneous Motions and Appeals

14.5.1 Motion to Suspend the Rules of Procedure
A motion to suspend these Rules of Procedure is debatable and to the extent possible should be addressed to a specific rule. If the Rules of Procedure are suspended in their entirety, such a motion does not supersede law or the Livermore Municipal Code.

14.5.2 Motion to Reconsider
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A motion to reconsider any action taken by the City Council may be made as follows: (1) The motion must be made by a Council Member who voted along with majority that voted for the original motion that passed, but the motion for reconsideration may be seconded by any Council Member; (2) The motion must be made either at the meeting at which the action to be reconsidered was taken, or, at the next regular meeting, provided appropriate due process is afforded to any participating parties; (3) The motion is debatable; (4) If any participating party has left the meeting, or if the motion comes at a subsequent meeting, the ultimate decision to be reconsidered must take place at a subsequent meeting so that the participating party is afforded an opportunity to observe and participate; and, (5) If the original hearing was a public hearing, a new notice of hearing must be given before the matter is reconsidered.

14.5.3 Council Member Appeal
Any Council Member may appeal any ruling by the presiding officer. If a Council Member so moves and the motion is seconded, after debate, the ruling of the presiding officer may be reversed by majority vote. If an appeal is taken, the question shall be, “Shall the decision of the presiding office be sustained?”

15. Action and Direction

15.1 Votes, General Rules
Unless otherwise provided, the City Council’s actions must be passed pursuant to a majority vote on a motion, and the motion may not be considered unless it is seconded.

A simple majority vote by those Council Members present is necessary to pass a motion providing direction to staff or establishing administrative policy, however motions for the adoption of resolutions and ordinances require an affirmative vote of at least three Council Members to pass the motion as provided in Rule 17.4 Majority Vote by Three City Council Members Required.

Any Council Member may, before the “Nays” are called for, demand that a roll call vote be taken on the motion before the City Council. The presiding officer’s name shall be called last, preceded by the Vice Mayor, with other Council Members’ names called in alphabetical order by the City Clerk. Council Members shall not give explanations for their vote during roll call.

If a motion does not receive the necessary majority vote for passage, the presiding officer may solicit additional discussion and another motion for further deliberation and voting. If further discussion and deliberation does not result in a motion receiving a majority vote necessary to pass a motion, the presiding officer may declare that “no action has been taken” and proceed with the remainder of the agenda. In the event of a tie vote, the procedures in Section 15.2 Tie Votes, shall control.

If a Council Member is present at the meeting but abstains from voting on a motion or is silent during the vote on the motion, then the rules in Section 15.3 Abstentions and Silence shall govern how the Council Member’s silence or abstention is tabulated.

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15.2 Tie Votes
Generally, a motion fails if there is a tie vote. After a tie vote, the presiding officer may solicit additional discussion and another motion in an attempt to break the tie. If the tie vote occurs during a Council Member absence, and the absent Council Member does not have a conflict of interest related to the item being voted on, the City Council may continue the item to a subsequent City Council meeting when the absent Council Member is expected to be present in an effort to resolve the tie. If the tie vote is not resolved, the motion shall fail and the presiding officer may declare that “no action has been taken” and proceed with the remainder of the agenda. However, if a decision is legally compelled under state law (such as the Permit Streamlining Act), the tie vote shall constitute a denial of the application, project , or appeal before the City Council and the decision shall be considered final.

15.3 Abstentions and Silence
The City Council discourages abstentions since abstentions without legal conflict may impede the City Council’s business, for example by causing a tie vote. Abstentions also deprive Livermore residents of one vote of five and may diminish accountability of Council Members on items of legitimate concern. At the same time, it is not the City Council’s intention to impede any individual Council Member’s right to choose not to speak or vote on an item.

If any Council Member wishes to abstain from voting on a motion, the Council Member must announce the abstention when the item of business is first called for consideration and must not participate in the consideration of the item, in which case the Council Member’s announcement of an abstention during the vote will be tabulated to reflect that the Council Member abstained from the vote.

If the Council Member does not announce an abstention when the item of business is first called for consideration, or the Council Member participates in the consideration of the item after announcing an intent to abstain , and the Council Member announces an abstention during the vote, then that Council Member’s vote shall be tabulated in favor of the motion.

Silence of any Council Member shall be tabulated in favor of the motion since the silent Council Member is conceding to the motion and not registering a vote against the motion.

This rule is intended to expressly modify Rosenberg’s Rues of Order for tabulating votes with regard to abstentions and silence by a Council Member.

15.4 Protests
Any Council Member shall have the right to enter into public record reasons for dissent , no vote, or protests against any motion carried by the majority.

15.5 Record Development
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Council Members are encouraged to articulate their reasoning when casting a “no” vote, when a motion differs from the staff recommendation, and when a Council Member is unable to make the required findings for an item of business.

16. Advisory Bodies

16.1 Implementation of Municipal Code

16.1.1 Creation and Appointments
The City Council may create boards, commissions, or committees , herein after collectively referred to as City advisory bodies, to advise the City Council. [LMC Title 2]. It is recommended that newly formed City advisory bodies be limited to no more than 7 members due to the capacity of the recording system in the Mendenhall Room.

16.1.2 Appointments of Council Members to Regional Bodies; Appointments of Persons to City Advisory Bodies
The Mayor has the statutory authority, with the City Council’s approval, to make all appointments of City Council Members to regional bodies that require an appointment from the City of Livermore . The Mayor also has the statutory authority, with the City Council’s approval, to make all appointments of persons to City advisory bodies. [40605; LMC 2.04.020; 81 Cal.Ops.Atty.Gen. 75].

16.1.3 Eligibility of City Employees
While City employees are not precluded from serving on advisory boards, commissions, and committees, there is a potential for conflict. The City Council and any subcommittees to the City Council shall not make appointments that are potentially incompatible with City employment for any reason. For example, an appointment will be incompatible with City employment if:
a. An act of the advisory board, commission, or committee may later be subject directly to the control, inspection, review, audit, or enforcement of any other City officer or employee.
b. The time demands of the advisory board, commission, or committee would render performance of duties as a City employee less efficient.

16.1.4 Interviews of Members Eligible for Reappointment As stated in Section 16.1.2 above, the Mayor has the statutory authority, with the City Council’s approval, to make all appointments to City advisory bodies. The purpose of the standing City Council subcommittee identified in this section is to interview candidates who apply for a City advisory body and to then recommend candidates to the Mayor for appointment, with the City Council’s approval.

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Members of City boards, commissions, and committees who are eligible for and interested in reappointment shall be interviewed by the standing City Council subcommittee, along with any other applicants for the position. Membership on this standing City Council subcommittee shall rotate among the Council Members who will be appointed for staggered terms , if possible, to ensure that at least one Council Member has prior experience on the subcommittee. Based upon those interviews, the standing City Council subcommittee shall recommend nominees for appointment by the Mayor, with the City Council’s approval. However, the entire City Council will interview Planning Commission applicants (including incumbents).

16.2 Direction to Advisory Boards, Commissions, and Committees Within the scope of their duties and responsibilities established in Title 2 of the Livermore Municipal Code, or otherwise by the City Council, the boards, commissions, or committees, and standing City Council subcommittees (collectively referred to as “advisory bodies” or “advisory body” for the purposes of this section) created by the City Council are directed to:

1. Follow these rules of procedure for their meetings, with appropriate modifications to account for their individual structure including the number of members for the advisory body, the titles for their presiding officer and members, consistent with the restrictions set forth in subsection 3 below;

2. Follow Rosenberg’s Rules of Order for parliamentary procedure as modified by these rules of procedure;

3. Conform their respective meeting rules to these rules of procedure to reflect the following restrictions hereby directed by the City Council:
a. Advisory bodies shall not meet through electronic means; b. Advisory bodies may create ad hoc committees, but shall not create standing committees without prior City Council approval; c. The staff liaison for each advisory body, with approval from the City Clerk, shall determine the preferred method of preparing action minutes for their advisory body meetings, with the exception of Planning Commission who will work with the City Clerk to determine the preferred method of preparing summary minutes for their meetings;
d. Staff attendance and agenda development will be determined by the staff liaison for the advisory body, or as directed by the City Council; e. The City Clerk shall determine agenda format, software, and language for all advisory body meetings to ensure consistency and compliance with applicable laws and regulations;
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f. Each advisory body, with input from the City Clerk and consistent with the uniform format provided by the City Clerk, may establish their own rules to specify the method for speakers to address the advisory body, including their speaker time limits, and the advisory body must then administer them uniformly;
g. The advisory body liaison, City Attorney or designee, and City Clerk must approve all advisory body agendas, notices, and cancellations; and, h. Section 17 Document Preparation and Approval for an Agenda do not apply to advisory body agendas.

4. Coordinate with their assigned staff liaison and the liaison’s Department Head to obtain the City Council’s approval before beginning any self-initiated project that will require more than 8 hours of staff time to complete that year. However, advisory bodies may pursue self-initiated projects that can be accomplished utilizing the City resources currently allocated to the particular advisory body and that do not take resources away from that advisory body’s anticipated work to fulfill its duties and responsibilities to the City Council.

16.3 Annual Reporting

1. Each of the following advisory bodies shall annually appoint one of their members to present a brief oral presentation to the City Council describing that particular advisory body’s activities for the past year:

Airport Commission
Beautification Committee
Commission for the Arts
Historic Preservation Commission
Human Services Commission
Library Board of Trustees.

2. Other advisory bodies may provide written updates to the City Council as necessary or as directed by the City Council.

3. The City Clerk shall schedule the annual advisory body presentations and updates to the City Council in coordination with the staff liaisons to the advisory bodies.

17. Document Preparation and Approval for an Agenda

17.1 Ordinances
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and developed with the City Attorney’s assistance. [36936; LMC 1.08.060.E and

2.12.030.A.1.d].

17.2 City Attorney Approval as to Form
All ordinances, resolutions, and contracts shall be approved as to form by the City Attorney, or their attorney designee, before being placed on the agenda. [LMC

2.12.030.A.1.d]. If the City Manager finds it necessary or expedient to place a contract on a City Council agenda for authority to execute it, but the contract is not yet in final form or has not been signed by the other parties, the City Council shall condition its authorization to execute the contract on : (a) the final contract being in substanti ally the same form as the one presented for the City Council’s consideration with such changes as may directed by the City Council; and, (b) upon the City Attorney’s approval of the final contract as to form. If the contract is substantially changed, then the contract must be placed on a subsequent agenda for the City Council’s consideration.

17.3 Ordinance Introduction/Adoption
The City Council hereby establishes and directs that the reading of the title of a proposed ordinance is satisfied when the presiding officer calls the ordinance for consideration and announces the agenda description for the item . The staff report’s recommended action for an ordinance will include its title and a statement that further reading of the full ordinance is waived . T he Council motion to approve staff’s recommend ed action will therefore reflect the waiver and that the full ordinance will not need to be read, unless a majority of the City Council present asks for a full reading. [36934]. For ordinances placed on the consent calendar for introduction and adoption, a motion by t he City Council that moves staff’s recommendation for the approval of the consent calendar shall mean the title of the ordinance was read by the maker of the motion.

17.4 Majority Vote by Three Council Members Required
An affirmative vote of at least three members of the City Council shall be necessary to adopt an ordinance and a resolution, and to approve a contract for the expenditure of funds. An urgency (emergency) ordinance must be adopted by at least four members o f the City Council. [36936, 54954.2, 54956, 54956.5].

17.5 Ordinance Preservation
Following adoption of an ordinance, the City Clerk will assign a number to the ordinance, publish a summary, and post the full text according to law. The ordinance shall be filed and preserved in the City Clerk’s Office.

17.6 Consent Calendar, Public Hearing, or Matters for Consideration Ordinances not requiring a public hearing may be presented to the City Council for introduction and adoption on either the consent calendar or matters for consideration portion of the agenda. The City Attorney shall determine the placement of an ordinance ATTACHMENT 1
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on a City Council agenda in consultation with the Mayor and City Manager, or as directed by the City Council.

18. City Council Values and Norms, and Principles of Governance The City Council has adopted City Council Values and Norms that guide their interactions among each other, and Principles of Governance that guide their interactions with staff and the community

19. City Council Policy for City Officials’ Use of Electronic Communications and Social Media
The City Council has adopted a Policy for City Official s’ Use of Electronic Communications a nd Social Media to guide utilization of social media and electronic communications by the City Council as well as the City’s advisory body members and to help ensure compliance with the Brown Act and other relevant laws, legislation, and regulations.

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Acknowledgement Form

I acknowledge that I have received a copy of the City of Livermore’s City Council Meeting Rules of Procedure and understand that I am to read and comply with its contents.

City Official Name: __________________________________________________

City Official Title: ___________________________________________________

Date: ________________

Signature: ___________________________________________________________

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Attachments
Appendix A Preferred Procedures for Teleconferenced Hybrid Meetings Appendix B Preferred Methods for Recording City Council Meetings Appendix C Disruption Policy
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PREFERRED PROCEDURES FOR TELECONFERENCED OR HYBRID MEETINGS

AND PUBLIC ACCESS EXCEPTIONS
Pursuant to section 8.4.6 of the City Council Meeting Rules of Procedure, the City Council has identified the following procedures for teleconferenced or hybrid meetings:

Types of Teleconference Meetings Prior Approval
Various forms of teleconferencing are available to City Council Members to attend and participate in public meetings in accordance with the Ralph M Brown Act. [Government Code section 54593, 54953.8, 54953. 8.1-54953.8.7.] City Council Members may teleconference in accordance with state law, including but not limited to, any of the following provisions:

Traditional teleconferencing [54953(b)(3)]
Teleconference as reasonable accommodation [54953(c)]
State of Emergency teleconferencing [54953.8.2]
Just Cause teleconferencing [54953.8.3]
A City Council Member desiring to attend a City Council meeting from a remote location must obtain the Mayor’s prior approval. If approved, the Mayor shall then advise the City Manager and the City Clerk of the request.

A memorandum will be provided by the City Clerk to the teleconferencing City Council Member prior to departure or in the case of emergency participation, prior to the meeting, with complete instructions detailing the teleconference requirementsposting requirements for the agenda and any other pertinent information . If using an audio call, the City Clerk and the teleconferencing Council Member will determine who will be responsible for initiating the call. For video calls, the Council Member will use the Vi deo Conferencing Meeting link provided by the City Clerk. Upon the City Council Member’s return, an affidavit of posting shall be signed by the City Council Member and retained in the City Clerk’s Office.

Closed Session
• The call between the teleconferencing City Council Member and the location for the closed session meeting shall be initiated by either that City Council Member or a staff member, as established ahead of time.
• Closed Session teleconferencing will be conducted via telephone or video conferencing.
• Should the connection be “dropped” or if there is a poor connection, the Mayor shall allow a reasonable recess to provide appropriate time to re -establish the connection. The call originator is responsible for making the call to reconnect. The duration and number of recesses shall be at the discretion of the Mayor.

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Open Session
• The teleconferencing City Council Member will join the meeting using the audio- visual platform Video Conference Software and pre-established meeting link provided by the City Clerk. The platform software and link will be used to project the City Council Member into the Civic Center Meeting Hall to participate in the meeting and display presentations to all participants.
• In the event of a disruption that prevents the City Council from broadcasting the meeting to members of the public using the call -in option or the internet -based service option, or in the event of a disruption within the City’s control that prevents members of the public from offering public comments using the call -in option or internet baser service, the City Council shall follow the procedures set forth in the Technology Ddisruption Ppolicy found in Appendix C of these Rules of Procedure. • Should the connection be “dropped” or if there is a poor connection, the Mayor shall allow a reasonable recess to provide appropriate time to re -establish the connection. The City Council Member who is participating remotely is responsible for troubleshooting the problem and reconnecting. The duration and number of recesses shall be at the discretion of the Mayor.
• A script will be provided to the Mayor (or presiding officer) with cues to invite/include comments/discussion from the televideo-conferencing City Council Member. A roll call vote on each motion must be taken (Brown Act requirement).

Public Access Requirement Exceptions
City Council meetings shall include an opportunity for members of the public to attend via a two-way telephonic service or a two-way audiovisual platform except if adequate telephonic or internet service is not operational at the meeting location. This requirement does not apply to a meeting that is held to do any of the following:

1. Attend a judicial or administrative proceeding

2. Inspect real or personal property

3. Meet with officials of US or State to discuss a legislative or regulatory issue

4. Meet in facility owned by agency to discuss items related to facility

5. Meet in emergency situation

6. Emergency meeting

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PREFERRED METHOD OF RECORDING CITY COUNCIL MEETINGS
Pursuant to section 8.11.3 of the City Council Meeting Rules of Procedure, the City Council has identified the following preferred methods of recording City Council meetings based upon the type of meeting and location, but the actual method used may change based upon City Council direction:

Regular City Council Meetings
Location: City Council Chamber
Minutes: Action minutes
Recorded: Video
Broadcast: Live – yes
Special City Council Meetings
Location: City Council Chamber
Minutes: Action minutes
Recorded: Video
Broadcast: No
Regular City Council Meetings/Special City Council Meetings Location: Anywhere other than the City Council Chamber Minutes: Audio minutes
Recorded: Audio (portable system)
Broadcast: No
Special City Council Meeting Workshops
Location: City Council Chamber
Minutes: Action minutes
Recorded: No
Special City Council Meeting Workshops
Location: Anywhere other than the City Council Chamber Minutes: Action minutes
Recorded: No
Special Meeting – Planning Commission Interviews
Location: Anywhere
Minutes: Action minutes
Recorded: No

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DISRUPTION OF TELEPHONIC OR INTERNET SERVICE DURING

PUBLIC MEETINGS

1. Background
Senate Bill 707 (2025) amended the Brown Act to require eligible legislative bodies to adopt, on or before July 1, 2026, a policy addressing how the agency will respond to disruptions in telephonic or internet service that prevent members of the public from attending or observing a meeting remotely. This policy is adopted to comply with that requirement and to ensure continuity of public participation during technical disruptions.

2. Purpose
This policy establishes procedures for responding to a disruption in the telephonic or internet services that provide two-way remote public access to meetings of the City of Livermore City Council as required by the Brown Act (Gov. Code § 54953.4). The policy ensures transparency, public participation, and continuity of government during technology disruptions.

3. Definitions
For purposes of this policy:
• “Disruption” means any failure, outage, or other interruption that prevents members of the public from attending or observing the meeting via these remote access services.
• “Remote access services” means the two-way telephonic service and/or two-way audiovisual platform used to provide real-time remote public attendance and observation of meetings.

4. Applicability
This policy applies to all open and public meetings of the City of Livermore City Council at which remote public participation is offered or required under the Brown Act.

5. Procedures in the Event of a Service Disruption

5.1. Response to Service Disruption
If the Presiding Officer or the City Clerk becomes aware of a disruption to the agency’s remote access services that prevents members of the public from attending or observing the meeting remotely:

1. The Presiding Officer shall immediately announce the disruption to the public.

2. The Presiding Officer may then call for a recess of the open session or convene the legislative body in closed session, consistent with the Brown Act.

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3. Staff shall begin efforts to diagnose and restore the disrupted service.

4. The meeting shall remain in recess for at least one hour or until service is restored, whichever is sooner. The recess period may be extended if restoration efforts are ongoing.

5.2. Efforts to Restore Service
The agency shall make good faith efforts to restore remote access services, which may include:
• Troubleshooting platform or teleconferencing software • Resetting or replacing audiovisual equipment
• Attempting alternative connection methods
• Contacting necessary support staff or service providers • Switching to back-up equipment or platforms, if available If the disruption is suspected to be a result of a cybersecurity incident or malicious activity, the City may temporarily suspend, isolate, or limit affected systems as necessary to protect City infrastructure, confidential information, and public-facing systems during restoration efforts.

The Clerk shall document the restoration efforts undertaken.

6. Reconvening the Open Session

6.1. Timing
The open session may be reconvened after at least one hour has elapsed from the time of disruption or as soon as service is restored, whichever occurs earlier.

6.2. If Service Is Restored
If the remote access service is restored before or at the time the meeting reconvenes, the meeting shall continue as normal.

6.3. If Service Is Not Restored
If service has not been restored after one hour, the City of Livermore City Council through the Presiding Officer may reconvene and:

1. Adjourn the meeting; or

2. Continue the meeting in open session by adopting, by roll call vote, the following, or a substantially similar, finding:
“The City of Livermore has made good faith efforts to restore telephonic or internet service in accordance with its adopted policy, and the public interest in continuing the meeting outweighs the public interest in remote public access.”

ATTACHMENT 1
679

APPENDIX C
3 Revised 20256.076

Upon adoption of the finding, the legislative body may continue the open session despite the fact that remote access services have not been restored.

7. Recordkeeping
The Clerk shall enter a brief statement into the meeting record, including the following:

• The nature and time of the disruption
• The restoration efforts undertaken
• The time the meeting was reconvened (if applicable)
• Any finding adopted pursuant to Section 6.3

8. Review and Updates
This policy may be amended by the City of Livermore City Council at a noticed public meeting in open session, not on the consent calendar.

ATTACHMENT 1
680
1 RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION ADOPTING A TECHNOLOGY DISRUPTION POLICY
IN ACCORDANCE WITH SENATE BILL 707

Senate Bill 707 requires legislative bodies that provide remote public participation opportunities to adopt a procedure for responding to and resolving disruptions of those technological services or equipment used to facilitate public participation. The adopted procedure must ensure that members of the public are not denied the opportunity to observe or participate in meetings due to a technology disruption within the control of the legislative body.

The City Council finds that adoption of a Technology Disruption Policy is in the public interest, promotes transparency and public participation, and ensures compl iance with Senate Bill 707 and applicable law.

NOW, THEREFORE, B E IT RESOLVED by the City Council of th e City of Livermore, that it hereby adopts the Technology Disruption Policy , attached hereto as Exhibit A, to govern the response to technology disruptions affecting public access to City Council meetings.

On motion of Council M ember ______________________, seconded by Council Member ______________________, the foregoing r esolution was passed and adopted on June 8, 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED AS TO FORM:

_____________________________ /s/ Kimberly Cilley
Helena Graves Kimberly Cilley
Acting City Clerk City Attorney

Exhibit A – Technology Disruption Policy

681
1 APPENDIX C

DISRUPTION OF TELEPHONIC OR INTERNET SERVICE DURING PUBLIC

MEETINGS

This policy is adopted to comply with that requirement and to ensure continuity of public participation during technical disruptions.

3. Definitions
For purposes of this policy:
• “Disruption” means any failure, outage, or other interruption that prevents members of the public from attending or observing the meeting via these remote access services. • “Remote access services” means the two-way telephonic service and/or two-way audiovisual platform used to provide real-time remote public attendance and observation of meetings.

4. Applicability
This policy applies to all open and public meetings of the City of Livermore City Council at which remote public participation is offered or required under the Brown Act.

5. Procedures in the Event of a Service Disruption

5.1. Response to Service Disruption
If the Presiding Officer or Clerk becomes aware of a disruption to the agency’s remote access services that prevents members of the public from attending or observing the meeting remotely:

1. The Presiding Officer shall immediately announce the disruption to the public.

2. The Presiding Officer may then call for a recess of the open session or convene the legislative body in closed session, consistent with the Brown Act.

3. Staff shall begin efforts to diagnose and restore the disrupted service.

4. The meeting shall remain in recess for at least one hour or until service is restored, whichever is sooner. The recess period may be extended if restoration efforts are ongoing.

5.2. Efforts to Restore Service
The agency shall make good faith efforts to restore remote access services, which may include:
• Troubleshooting platform or teleconferencing software

EXHIBIT A
682
2 • Resetting or replacing audiovisual equipment
• Attempting alternative connection methods
• Contacting necessary support staff or service providers • Switching to back-up equipment or platforms, if available If the disruption is suspected to be a result of a cybersecurity incident or malicious activity, the City may temporarily suspend, isolate, or limit affected systems as necessary to protect City infrastructure, confidential information, and public-facing systems during restoration efforts.

The Clerk shall document the restoration efforts undertaken.

6. Reconvening the Open Session

6.1. Timing
The open session may be reconvened after at least one hour has elapsed from the time of disruption or as soon as service is restored, whichever occurs earlier.

6.2. If Service Is Restored
If the remote access service is restored before or at the time the meeting reconvenes, the meeting shall continue as normal.

6.3. If Service Is Not Restored
If service has not been restored after one hour, the City of Livermore City Council through the Presiding Officer may reconvene and:

1. Adjourn the meeting; or

7. Recordkeeping
The Clerk shall enter a brief statement into the meeting record, including the following:
• The nature and time of the disruption
• The restoration efforts undertaken
• The time the meeting was reconvened (if applicable)
• Any finding adopted pursuant to Section 6.3

8. Review and Updates
This policy may be amended by the City of Livermore City Council at a noticed public meeting in open session, not on the consent calendar.

EXHIBIT A
683
1 RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AMENDING AND ADOPTING CITY COUNCIL

MEETING RULES OF PROCEDURE

The City Council has adopted Rules of Procedure for the orderly, consistent, and fair conduct of its meetings consistent with applicable law. These rules reflect the Council’s accepted practices and balance the Council’s policies inviting public comment with the need to manage its meetings effectively. The purpose of these rules is to promote public confidence in the City of Livermore’s governance by establishing consistent expectations for the conduct of the people’s business and the opportunities for public observation and participation. The City Council has also adopted procedures for teleconference meetings and for recording City Council meetings.

The City Council last revisited its Rules of Procedure on July 28, 2025 (Resolution No. 2025-133).

Senate Bill 707 (SB 707) was signed into law on October 3, 2025. Many of its provisions took effect on January 1, 2026, while o thers take effect on July 1, 2026, including the requirement to provide public access and comment opportunity through two-way remote participation during City Council meetings. The attached rules incorporate the requirements of SB 707, modify Appendix A , Preferred Procedures for Teleconference or Hybrid Meetings and Public Access Exceptions, include the Technology Disruption Policy as Appendix C, and add minor miscellaneous revisions.

The City Council desires to amend its City Council Meeting Rules of Pro cedure consistent with SB 707 and to include the additional proposed revisions.

NOW, THEREFORE, B E IT RESOLVED by the City Council of th e City of Livermore, that it hereby adopts the City Council Meeting Rules of Procedure, attached hereto as Exhibit A, which supersede and replace the Rules adopted by Resolution No. 2025-133.

On motion of Council M ember ______________________, seconded by Council Member ______________________, the foregoing r esolution was passed and adopted on June 8, 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED AS TO FORM:

_____________________________ /s/ Kimberly Cilley
Helena Graves Kimberly Cilley
Acting City Clerk City Attorney
684
1 Revised 2026.06

CITY COUNCIL MEETING

RULES OF PROCEDURE

1. A
uthority
These rules of procedure are established for the effective and fair conduct of City Council meetings and to help promote public confidence in the integrity of local government. By adopting these rules, the City Council intends to balance a policy of full and free public action and debate with a need to manage its meetings effectively. [36813 0F
1].

Lastly, they relate to respective powers for the Mayor and Council Members. 1 All citations are to the California Government Code unless otherwise noted.

EXHIBIT A
685
2 Revised 2026.06

6. Mayoral Duties and Responsibilities
The Mayor is directly elected at-large for a two -year term in November of each even- numbered year. The Mayor is a member of the City Council and has all the powers of a Council Member, except when exercising their unique mayoral duties. The Mayor enjoys, and shall not be deprived of, any rights and privileges as a Council Member. Additionally, the Mayor shall have all the powers and duties of an elective Mayor as provided by statute. [34903, 36803; LMC 2.04.020; 81 Ops.Cal.Atty.Gen. 75 (1998)].

6.2 Reserved

6.3 Seats on the Dais
The Mayor shall sit at the center of the meeting room dais for all City Council meetings.

If the Mayor is absent, the presiding officer shall sit at the center of the dais.

EXHIBIT A
686
3 Revised 2026.06

6.4 Council Member Rooms
The Mayor shall have use of office 216 at City Hall, or such other designation as that office may be given.

7. Presiding Officer to Conduct Meetings
The presiding officer is responsible for conducting City Council meetings as follows:

7.3 Questions of Parliamentary Procedure
The presiding officer shall determine all questions of parliamentary procedure in consultation with the City Attorney and City Manager.

EXHIBIT A
687
4 Revised 2026.06

7.5 Motion to Be Stated
The presiding officer shall state all motions submitted for a vote by the City Council , announce the result of the vote, and identify the no votes and any Council Members that abstained or recused themselves from the vote. A roll call vote shall be taken for all teleconferenced and hybrid meetings, and may also be taken at any meeting upon the request of any Council Member. No action shall be taken by secret ballot, but electronic tabulation may be used to record and report roll call votes. [54953(b)(2) and 54953.8.

City Council meetings shall be open to the public, but the public shall be excluded from closed sessions as authorized by state law. [54953(a), 54957].

City Council meetings, except for closed sessions, shall be open to the media. The media shall be excluded from closed sessions as authorized by state law. [54953, 54953.5, 54957, 54957.9].

City Council meetings shall include an opportunity for members of the public to attend via a two -way telephonic service or a two- way audiovisual platform unless an exception under state law applies. See Appendix A to these Rules of Procedure for exceptions to this requirement.

8.2 Quorum
The presence of three Council Members shall constitute a quorum of the City Council necessary to transact business at a meeting. In the event a quorum is not in attendance, those attending the meeting will be named in the minutes, and they shall adjourn the meeting to a set date, time, and location. If all Council Members are absent, the City Clerk shall adjourn the meeting to a set date, time, and location. [36810, 36811].

EXHIBIT A
688
5 Revised 2026.06

8.3 Absences

8.3.1 Absence and Compelling Attendance
Council Members who are unable to attend a City Council meeting must request that the Mayor recognize the absence as excused. The purpose of an excused absence is not to relieve Council Members of their responsibility to be present, but is intended to provide the Mayor with an opportunity to ensure an absence is reasonable and to impress upon the Council Member, where necessary, the importance of regular attendance. The minutes shall note whether a Council Member’s absence is excused. If a Council Member is repeatedly absent, the City Council may adjourn from day -to-day to compel the absent Council Member’s attendance under the penalties prescribed by State law. [36513, 36810, 36813].

8.4 Types of Meetings

8.4.1 Regular Meetings
The City Council shall meet in the City Council Chamber in the Civic Center Meeting Hall for all regular City Council meetings. The regular meetings shall begin at 7:00 p.m. on the second and fourth Monday of each month, unless otherwise specified by posted notice. If the meeting date falls on a legal holiday, the Ci ty Council shall meet at a date and time designated by the City Council. Regular meetings with closed session items may begin between 5:00 p.m. and 7:00 p.m. depending upon the number and complexity of the matters to be discussed. [36805, 54954; LMC 2.06.030].

The City Council may take final action at a special meeting that is not a workshop.

EXHIBIT A
689
6 Revised 2026.06

8.4.3 Special Meeting Workshops
The City Council may meet in special meetings designated as workshops that are called by the Mayor, the City Manager, or by a majority of Council Members consistent with applicable law. Workshops are special meetings intended for training purposes such as ethics training, sexual harassment prevention and education, and specific technical subjects such as land use. Special meeting workshops are also intended for the City Council to work with staff to develop administrative items such as the budget, for the City Council to receive public input on matters of community wide concern, and for similar activities.

Workshops are open to the public and are meetings for purposes of the Brown Act.

The City Council may provide direction, but unlike other special meetings the City Council may not take a final action at a workshop. [54956].

8.4.4 Closed Session Meetings
Closed sessions may only be held as authorized by state law and shall be held in accordance with the provisions of the Brown Act. The closed sessions may precede or follow a regular meeting or be called as a special meeting. In addition to the provisions in Section 8.4.2 Special Meetings , the City Attorney or City Manager may call and notice closed session meetings as special meetings. [54954.5, 54956.5, 54956.7-54957.1, 54962].

Closed session matters should be managed within the expected time limits for all items. Lengthy closed session matters should be scheduled at the end of a Council Meeting or as a separate special meeting. If a closed session is scheduled before the start of a regular Council meeting, it should conclude no later than 10 minutes before the start time for the regular Council meeting. When necessary, if a closed session precedes a regular meeting but is not conclu ded, then it may be reconvened at the conclusion of that regular Council meeting, but that should be avoided when possible.

8.4.5 Concurrent and Joint Meetings
The City Council may concurrently convene the meetings for the City Council and any other legislative body comprised of the Council Members. [54952.3].

Joint meetings of the City Council and any other legislative body or bodies shall be noticed as a meeting for each body.

EXHIBIT A
690
7 Revised 2026.06

8.4.6 Teleconference or Hybrid Meetings
The City Council may meet from different locations connected by electronic means consistent with the provisions of the Brown Act effective at the time of the scheduled meeting. When scheduling a teleconference or hybrid meeting, the City Clerk should consult with the City Attorney to identify the applicable notice, conduct, and participation requirements for the meeting. The preferred procedures for teleconference or hybrid meetings are set forth in Appendix A. [54953(b)(c), 54953.8, 54953.8.3].

8.4.9 City Council Committees
The City Council may create standing and ad hoc City Council subcommittees , which creation shall occur at a duly noticed Council Meeting.

Care should be taken to not overburden staff, and therefore, City Council subcommittees should only be cre ated in consultation with the City Manager and the City Attorney. City Council subcommittees should be created judiciously. Staff support shall only be provided to those City Council committees duly created as set forth in these rules.

Ad hoc City Council subcommittees are intended to be useful and efficient vehicles for less than a quorum of Council Members, with appropriate support staff, to

EXHIBIT A
691
8 Revised 2026.06
explore and develop items for placement on a duly noticed City Council meeting agenda for the City Council to discuss and then provide direction or take action.

When state law requires that the City provide a means by which the public may remotely hear and visually observe a meeting, and remotely address the City Council, the agenda shall include a description of how members of the public may access the meeting an d offer public comment. [54953.8(b)(2)]
Any requirement to post notices and agendas at a remote teleconferenced or hybrid meeting location outside the City’s jurisdiction shall be the responsibility of the Council Member attending the meeting from that location. [54954.2].

EXHIBIT A
692
9 Revised 2026.06

8.5.2 Special Meetings and Workshops
Notice of the call for a special meeting must be delivered and received by each Council Member and the media at least 24 hours before the special meeting, and must be posted at least 24 hours before the special meeting date. To the extent possible, it is t he City Council’s goal that the notice and agendas for special meeting workshops should be posted at least 6 days before the meeting dates, and in no event shall the notice and agenda for a workshop be posted less than 24 hours before the meeting date. [54956].

8.7 Continuance of Agenda Items
Items listed on a posted agenda should not be continued or postponed absent good cause.

EXHIBIT A
693
10 Revised 2026.06

8.7.3 Public Comment for a Continued Item
If the opportunity for the public to address the City Council has concluded, or the public hearing portion of an item was formally closed, and the item was returned to the City Council for deliberation before it was continued, then the opportunity for public comment on the item will not be reopened absent a motion by the City Council. [54955].

8.8 Consideration of items after 11:00 p.m.

8.8.2. No New Items Considered after 11:00 p.m.

The City Council shall not begin consideration of any items on an agenda after 11:00 p.m., but may complete their consideration of an item that was commenced prior to 11:00 p.m.

8.9 Breaks.

EXHIBIT A
694
11 Revised 2026.06
times as needed . Council Members and staff are expected to return promptly at the designated time to resume the meeting.

If a speaker is interrupted by a point of order, privilege, or personal privilege, the remainder of a speaker’s time will be preserved by the City Clerk until the point is resolved.

8.11 Minutes

Also, a Council Member may not approve the minutes for a meeting that they were not eligible to attend as a Council Member. The minutes may be approved

EXHIBIT A
695
12 Revised 2026.06
by a majority of the remaining eligible Council Members, or by a lone eligible Council Member.
c. If no Council Members are eligible to approve the minutes for a City Council meeting, then the City Clerk shall attest to the accuracy of the meeting minutes and enter them into official minute books of the City Council.

8.12 Staff Attendance

8.12.5 Sergeant-at-Arms
A Sergeant-at-Arms, who shall typically be a sworn member of the City’s Police Department, shall attend City Council meetings as directed by the City Manager. [38638].

EXHIBIT A
696
13 Revised 2026.06

8.13 Meetings That Are Not Subject to the Brown Act
As provided by the Brown Act, a quorum of the City Council may attend conferences and similar gatherings, open community meetings organized by a person or organization other than the City Council, open and noticed meetings of another legislative body other than a City advisory body, and social and ceremonial gatherings without complying with the notice and agenda requirements in these rules of procedure, provided that the Council Members do not discuss among the mselves business of a specific nature that is within the City’s subject matter jurisdiction. [54952.2(c)(3)-(5)].

Meetings of an ad hoc City Council subcommittee are not subject to these rules of procedure unless the City Council expressly states that the sub committee shall follow these rules. [54952].

The agenda shall contain a brief general description of each item of business to be transacted or discussed, including any items to be discussed in closed session. [54954.2, 54954.5].

10. Order of Business – Regular Meetings
The usual order of business for regular meetings shall be as follows:

10.1 Call to Order
This portion of the agenda is for roll call, the pledge of allegiance, and the reporting out from any closed session items that may have occurred prior to the meeting.

EXHIBIT A
697
14 Revised 2026.06
Council Member to read and present , the proclamations. The City Manager, or their designee, may develop a policy regarding proclamations as a guide. It is also for City advisory bodies to make brief presentations to the City Council on their activities. As authorized by the presiding officer or the City Manager, this portion of the agenda may be also be used to accommodate requests from other local, regional, or state legislative bodies and elected officials wishing to make brief presentations to the City C ouncil concerning activities of interest to the City.

The procedures for public comments during open forum are set forth in Section 12 Speaker’s Rights.

EXHIBIT A
698
15 Revised 2026.06
introduction and adoption of ordinances, the processing of administrative items such as the approval of contracts and delegation of authority to execute them on behalf of the City, the acceptance of public improvements, and other routine items requiring City Council approval by ordinance, resolution, or law. Any Council Member may pull an item for separate discussion. Members of the public may address the City Council on consent calendar items by following the procedures set forth in Section 12 Speaker’s Rights.

The procedures for public hearings are as follows:

EXHIBIT A
699
16 Revised 2026.06

After the presiding officer determines that no other participating parties wish to address the City Council on the hearing item, the presiding officer will open the public hearing.

10.6.7. City Council Action
After City Council deliberation, the presiding officer shall call for a motion and a second as set forth in Section 14 Motions , and the City Council may make such motions as set forth in that section.

If the motion seconded for consideration is substantially different than the recommended action in the published staff report, the presiding officer may, but is

EXHIBIT A
700
17 Revised 2026.06
not required, to invite public comments on the motion. If the invitation is extended, then speakers will be limited to either one minute to comment on the motion or such other time specified by the presiding officer. The City Council has discretion to debate the decision by the presiding officer whether or not to hear further comment. If invited, public speakers shall address the City Council following the procedures set forth in Section 12 Speaker’s Rights.

Prior to deliberating on matters for consideration, the City Council shall receive public comment as provided for in Section 12 Speaker’s Rights. After receiving public comment, the City Council shall deliberate as set forth in Section 13 City Council Deliberation and shall receive the report, take action, or provide direction as set forth in Section 14 Motions.

10.8 City Council Reports and Matters Initiated by Staff and City Council This portion of the agenda is for:

These items are considered part of the official record via the supplemental packet.

If a Council Member shares information during the meeting that is not included in their written report, that information will be captured in the meeting minutes. To the extent practical, C ouncil members should report on significant decisions being considered by the regional boards, commissions, and committees to which they have been appointed for the City . For those events that the Council Member attended at the City’s expense, i t is the Cit y Council’s preference to satisfy th e expense reporting requirement by submitting a written report of the activities attended. [53232.2(d)];

EXHIBIT A
701
18 Revised 2026.06

3. The City Council to provide guidance and direction to staff concerning items to be included on future agendas and information to be provided in response to questions raised during open forum;

4. The City Council to request a matters initiated for staff to provide information, perform studies, or undertake other administrative functions or to develop information for Council action at a future meeting. Before requesting a matters initiated, the initiating C ouncil Member is expected to confirm with the City Manager that there is adequate staff resource capacity to address the request, and the City Attorney to the extent the matter involves legal review . If the requested action is routine in nature, the City Manager will direct staff to proceed. However, if the request cannot be accomplished within the approved budget or City Council priorities, or will involve substantial staff resources, the City Manager will report to the City Council at a subsequent City Council meeting and request further direction. At that time, the consensus of a majority of the City Council will be required to proceed.

11. Order of Business – Special Meetings and Workshops
No matters except those specified in the notice and agenda for a special meeting or special meeting workshop may be discussed at those meetings.

EXHIBIT A
702
19 Revised 2026.06
The usual order of business for special meetings and workshops shall be as follows:

11.1. Call to Order
This portion of the agenda is the same as it is for a regular meeting.

Public speakers shall address the City Council following the procedures set forth in Section 12 Speaker’s Rights.

11.3 Special Meeting Item and Workshop Item
Generally, the procedures for this portion of the agenda follow the procedures in Section

10.6.1 Introduction, 10.6.2 Staff Presentation, 10.6.5 City Council Questions and Comments, and 10.6.6 City Council Deliberation. The City Council may take a final action at a special meeting, but not at a workshop, as set forth in Section 8.4.2 Special Meetings and Section 8.4.3 Special Meeting Workshops

11.4 Adjournment
This portion of the agenda is the same as it is for a regular meeting.

12. Speaker’s Rights
A City Council meeting is a limited public forum. [78 Ops.Cal.Atty.Gen. 224 (1995); Kindt v. Santa Monica Rent Control Bd. (9 th Cir. 1995) 67 F.3d 266; White v. City of Norwalk, (9th Cir. 1990) 900 F.2d 1421; Leventhal v. Vista Unified School District (SD Cal. 1997) 973 F.Supp. 951]. Members of the public have the right to address the City Council and to attend its meetings, except for closed sessions and other meetings that permit the public to be excluded as a matter of law. During the open forum portion of a regular meeting agenda, members of the public have a right to address the City Council on any item of interest to the public that is within the City Council’s subject matter jurisdiction.

Members of the public also have the right to address the City Council before the City

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703
20 Revised 2026.06
Council considers or takes action on an item on any regular meeting agenda, except for items properly listed or considered in the Call to Order, Proclamations and Presentations, City Council Reports and Matters Initiated by Staff and City Council, and the Adjournment portions of the agenda. Members of the public shall be provided an opportunity to address the City Council concerning any item that is described in the notice for special meeting workshops and special meetings. [54954.3].

The procedures for addressing public comments to the City Council are as follows:

12.2 Speaker Time Limit
The amount of time allotted to each member of the public attending in person or participating remotely and wishing to address the City Council shall be limited to a maximum of three minutes . For the consent calendar, a speaker’s time is limited to a single comment with a maximum of three minutes for all consent calendar items, except

EXHIBIT A
704
21 Revised 2026.06
for items that are pulled by a Council Member for separate discussion, in which case the speaker’s time shall be limited to a maximum of three minutes on the item pulled for discussion and a separate opportunity to speak of up to a maximum of three minutes for the balance of the consent calendar. Individual members of the public may not yield their allotted time, or any remaining portion thereof, to anyone else. The presiding officer may reduce the amount of time allotted to each speaker based upon the number of persons wishing to speak, the complexity of the item if one is being considered, the anticipated time reasonably needed to complete the remaining items on the meeting agenda, a nd other reasonable factors. Members of the public participating remotely will be given the same time allotment to address the City Council as members of the public attending in person. [54954.3(b), 54953.9; Kindt v. Santa Monica Rent Control Bd. (9 th Cir. 1995) 67
F.3d 266; Chaffee v. San Francisco Public Library Commission, (2005) 134 Cal.App.4 th 109; 75 Ops.Cal.Atty.Gen. 89 (1992) ]. A speaker using an interpreter , and speakers needing accommodation for a disability, shall be allowed twice the allotted time. [54954.3].

Prior to calling for public comment during the open forum, as well as before the City Council considers or takes action on an item, the presiding officer shall set and announce the time limit for each member of the public to speak before inviting members of the public to address the City Council. For the purposes of these rules, lectern means the physical podium in the meeting room provided for the public to address the City Council, but also includes the electronic location utilized by the City Clerk to accept electronic comments for a teleconferenced or hybrid City Council Meeting.

Open forum will conclude after 30 minutes , but if there are remaining speakers at the conclusion of the 30- minute time-period who wish to address the City Council , then the open forum shall be reconvened after the Matters for Consideration portion of the agenda as set forth in Section 10.4 Open Forum.

12.3 Members of the Public Addressing the City Council

For teleconference or hybrid meetings, the City Clerk will manage the process for calling speakers who are physically present to the lectern or to unmute speakers participating remotely. The speakers physically present at the meeting will be called upon before those participating remotely. When there are no more people physically present who have expressed an interest in addressing the City Council, the City Clerk will then call upon the speakers participating remotely.

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705
22 Revised 2026.06
Council. However, to the extent such information is relevant to the issues being considered by the City Council during a public hearing, the absence of such information may bear on the speaker’s credibility and the weight the City Council affords the speaker’s comments.

12.3.3 Speakers shall address their comments only to the City Council as a body and not to a particular member or to the audience.

12.3.4 Members of the public may only address the City Council from the lectern or by participating remotely. No member of the public, other than the speaker at the lectern or the speaker participating remotely, may address the City Council, unless called upon by the presiding officer.

12.3.6 Speakers shall not use their time to unduly disrupt the orderly conduct of the City Council’s meeting.

12.3.7 Speakers are encouraged to avoid repetition.

12.3.8 Speakers are encouraged to avoid making personal attacks.

12.3.9 Each speaker shall conclude their comments when their time to address the City Council has expired.

12.3.11 When called upon during open forum, speakers may address the City Council on any item of interest to the public within the City Council’s subject matter jurisdiction. [54954.3(a)].

City of Norwalk, (9
th Cir. 1990) 900 F.2d 1421; 78 Ops.Cal.Atty.Gen 224
(1995)].

12.3.13 Members of the public addressing the City Council are limited to one oral public comment per speaker per item.

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706
23 Revised 2026.06

12.4 Participating Parties Addressing the City Council
Participating parties shall comply with the procedures set forth in Section 12 Speaker’s Rights when addressing the City Council, except that the participating parties shall each have up to a maximum of 10 minutes to address the City Council. The presiding officer may set and announce the time limit for each active participant to address the City Council based upon the same criteria set forth in Section 12.2 Speaker Time Limit.

12.6 Disruptive Speech and Conduct
Any person unduly disrupting a City Council meeting in person or participating remotely may be requested by the presiding officer to leave the meeting. The presiding officer shall discourage demonstrations before the City Council, such as applauding or booing. Upon instructions by the presiding officer, a Sergeant -at-Arms or the City Clerk may be called for the purpose of removing any person who, in the presiding officer’s judgment, has disrupted the meeting. [36813, 38638, 54954.3, 54957.9, Penal Code 403] . Prior to removing a person for disrupting a meeting, the presiding officer shall warn the individual that their behavior is disrupting the meeting and that their failure to cease their behavior may result in their removal. However, a warning is not required before removing a disruptive individual whose behavior constitutes use of force or a true threat of force consisting of a threat that has sufficient indicia of intent and seriousness that a reasonable observer would perceive it to be an actual threat to use force. [54957.95]. When possible, the presiding officer is encouraged to use alternative means, such as direction to speakers to avoid disruption or by taking a recess to review these rules with the speaker, to avoid disruptions to allow the City Council to complete its business.

12.7.1 Submitted after the hearing notice is sent or published, but before the Agenda Publication.

EXHIBIT A
707
24 Revised 2026.06
Any member of the public may submit written public comments and materials to the City Council through the City Clerk’s Office. All written public comments and materials submitted between the date when the public hearing notices are published (10 days prior to the meeting or as otherwise required by statute) and 5:00 p.m. on the day before agenda publication. The City Clerk shall deliver all written public comments and materials received by 5:00 p.m. the day before agenda publication as part of the agenda packet for the posted agenda.

12.7.2 Submitted Post Agenda Publication.

12.7.3 Special Meetings and Workshops.

For special meetings and workshops, the City Clerk shall specify the instructions and timeframes for the public to submit written public comments and materials in the agenda for those meetings.

Members of the public may enter the area before and after the meeting, and during a recess, for the purpose of interacting with the individual City Council Members and City staff.

13. City Council Deliberation
City Council deliberations shall be orderly and guided by the presiding officer to reach a decision on the item before them or to provide the direction sought by staff.

EXHIBIT A
708
25 Revised 2026.06
Once an item is before the City Council for deliberation, the presiding officer shall call upon each individual Council Member present, in turn, to comment on the item and the recommended action or direction sought by staff. When participating remotely at a teleconference or hybrid meeting, Council Members should use the raise hand feature , or other feature offered by the electronic platform used for the meeting, to indicate they wish to speak and the presiding officer should call upon them in the order they requested to speak. Council Members may debate the merits of the item and recommendation, but shall not interrupt any other Council Member who is speaking. After each Council Member has an opportunity to express an opinion on the item, the presiding officer shall invite discussion and then a motion.

14. Motions

14.2 Categories of Motions
There are four categories of motions that the City Council may consider.

The first category is a basic motion, which is one that puts forward a decision for consideration. For example, a motion to approve City staff’s recommendation.

The third category is a substitute motion. Such a motion completely does away with the basic motion under discussion and puts a new motion before the City Council. For example, if the basic motion is to approve staff’s recommendation, a substitute motion would propose numerous changes to staff’s recommendation or assembles multiple amending motions into a single motion. If a substitute motion receives a second, then the initial basic motion does not require action since it was substituted. If a substitut e motion fails, the process for voting on simultaneous motions is then followed.

EXHIBIT A
709
26 Revised 2026.06
The fourth category is a hostile motion. A hostile motion is one that seeks to accomplish the opposite effect of the basic motion. For example, when a basic motion is to approve a project, a hostile motion is one to deny the project. If a hostile motion is made, the process for voting on simultaneous motions is then followed.

14.4 Debatable and Non-debatable Motions
Debatable motions are subject to Council Member comment and discussion before calling for a vote. Non- debatable motions are not subject to Council Member comment and discussion, and are to be voted on immediately.

14.4.1 Debatable Motions
Debatable motions are motions to take action on agenda items and other items of City business. For the purpose of these rules of procedure, all motions are debatable except those expressly identified in S ubsection 14.4.2 Non -Debatable Motions. Debate on a motion should continue as long as Council Members wish to discuss an item, subject to the presiding officer’s determination that it is time to call for the question.

14.4.2 Non-Debatable Motions
Non-debatable motions are procedural and terminating motions. Certain motions once made immediately stop the City Council’s deliberations and, upon receipt of a second, should be voted on immediately. The City Council’s non- debatable motions are as follows:
a. Motion to Adjourn. If passed, a motion to adjourn requires the City Council to immediately adjourn to its next regularly scheduled meeting.

EXHIBIT A
710
27 Revised 2026.06
b. Motion to Recess. If passed, a motion to recess requires the City Council to immediately take a recess, the length of which the presiding officer will determine. The presiding officer may order a recess without a motion, and without adjourning the meeting, as the presiding officer determines a recess is necessary to maintain decorum and conduct the meeting in an orderly fashion.
c. Motion to Fix the Time to Adjourn. If passed, a motion to fix the time to adjourn the meeting requires the City Council to adjourn at a specific time set in the motion.
d. Motion to Table an Item. If passed, a motion to table an item postpones an item indefinitely or to a date and time certain set in the motion. If the motion does not contain a specific time, an additional motion is required to bring the item back to the City Council at a future meeting.
e. Motion to Continue an Item. A motion to continue an item has the same effect as a motion to table, but is generally used when good cause exists or in response to a request by staff, a Council Member, or a participating party, as set forth in Section 8 .7 Continuance of Agenda Items , or a scheduling problem arises. If passed, the motion continues the item indefinitely or to the date and time set in the motion. If the motion does not contain a specific time, an additional motion is required to bring the ite m back to the City Council at a future meeting.
f. Call for the Question. A motion to call the question, also known as moving the previous question or limiting debate, stops further City Council deliberation, debate, and discussion on an item. It can be stated as stopping debate or discussion within a certain period of time, s uch as 15 minutes. If seconded, the presiding officer shall then call for a vote on the motion or motions pending before the City Council as provided for in Section 7.5 Motion to Be Stated.

14.5 Miscellaneous Motions and Appeals

14.5.2 Motion to Reconsider
A motion to reconsider any action taken by the City Council may be made as follows: (1) The motion must be made by a Council Member who voted along with majority that voted for the original motion that passed, but the motion for reconsideration may be seconded by any Council Member; (2) The motion must

EXHIBIT A
711
28 Revised 2026.06
be made either at the meeting at which the action to be reconsidered was taken, or, at the next regular meeting, provided appropriate due process is afforded to any participating parties; (3) The motion is debatable; (4) If any participating party has left the meeting, or if the motion comes at a subsequent meeting, the ultimate decision to be reconsidered must take place at a subsequent meeting so that the participating party is afforded an opportunity to observe and participate; and, (5) If the original hearing was a public hearing, a new notice of hearing must be given before the matter is reconsidered.

14.5.3 Council Member Appeal
Any Council Member may appeal any ruling by the presiding officer . If a Council Member so moves and the motion is seconded, after debate, the ruling of the presiding officer may be reversed by majority vote. If an appeal is taken, the question shall be, “Shall the decision of the presiding office be sustained?”

15. Action and Direction

15.1 Votes, General Rules
Unless otherwise provided, the City Council’s actions must be passed pursuant to a majority vote on a motion, and the motion may not be considered unless it is seconded.

If a Council Member is present at the meeting but abstains from voting on a motion or is silent during the vote on the motion, then the rules in S ection 15.3 Abstentions and Silence shall govern how the Council Member’s silence or abstention is tabulated.

EXHIBIT A
712
29 Revised 2026.06

15.2 Tie Votes
Generally, a motion fails if there is a tie vote. After a tie vote, the presiding officer may solicit additional discussion and another motion in an attempt to break the tie. If the tie vote occurs during a Council Member absence, and the absent Council Member does not have a conflict of interest related to the item being voted on, the City Council may continue the item to a subsequent City Council meeting when the absent Council Member is expected to be present in an effort to resolve the tie. If the tie vote is not resolved, the motion shall fail and the presiding officer may declare that “no action has been taken” and proceed with the remainder of the agenda. However, if a decision is legally compelled under state law (such as the Permit Streamlining Act), the tie vote shall constitute a denial of the application, project, or appeal before the City Council and the decision shall be considered final.

If the Council Member does not announce an abstention when the item of business is first called for consideration, or the Council Member participates in the consideration of the item after announcing an intent to abstain, and the Council Member announces an abstention during the vote, then that Council Member’s vote shall be tabulated in favor of the motion.

Silence of any Council Member shall be tabulated in favor of the motion since the silent Council Member is conceding to the motion and not registering a vote against the motion.

This rule is intended to expressly modify Rosenberg’s Rues of Order for tabulating votes with regard to abstentions and silence by a Council Member.

15.4 Protests
Any Council Member shall have the right to enter into public record reasons for dissent , no vote, or protests against any motion carried by the majority.

EXHIBIT A
713
30 Revised 2026.06

15.5 Record Development
Council Members are encouraged to articulate their reasoning when casting a “no” vote, when a motion differs from the staff recommendation, and when a Council Member is unable to make the required findings for an item of business.

16. Advisory Bodies

16.1 Implementation of Municipal Code

16.1.2 Appointments of Council Members to Regional Bodies; Appointments of Persons to City Advisory Bodies
The Mayor has the statutory authority, with the City Council’s approval, to make all appointments of City Council Members to regional bodies that require an appointment from the City of Livermore. The Mayor also has the statutory authority, with the City Council’s approval, to make all appointments of persons to City advisory bodies. [40605; LMC 2.04.020; 81 Cal.Ops.Atty.Gen. 75].

EXHIBIT A
714
31 Revised 2026.06
interview candidates who apply for a City advisory body and to then recommend candidates to the Mayor for appointment, with the City Council’s approval.

Members of City boards, commissions, and committees who are eligible for and interested in reappointment shall be interviewed by the standing City Council subcommittee, along with any other applicants for the position. Membership on this standing City Council subcommittee shall rotate among the Council Members who will be appointed for staggered terms , if possible, to ensure that at least one Council Member has prior experience on the subcommittee. Based upon those interviews, the standing City Council subcommittee shall recommend nominees for appointment by the Mayor, with the City Council’s approval. However, the entire City Council will interview Planning Commission applicants (including incumbents).

2. Follow Rosenberg’s Rules of Order for parliamentary procedure as modified by these rules of procedure;

EXHIBIT A
715
32 Revised 2026.06
e. The City Clerk shall determine agenda format, software, and language for all advisory body meetings to ensure consistency and compliance with applicable laws and regulations;
f. Each advisory body, with input from the City Clerk and consistent with the uniform format provided by the City Clerk, may establish their own rules to specify the method for speakers to address the advisory body, including their speaker time limits, and the advisory body must then administer them uniformly;
g. The advisory body liaison, City Attorney or designee, and City Clerk must approve all advisory body agendas, notices, and cancellations; and, h. Section 17 Document Preparation and Approval for an Agenda do not apply to advisory body agendas.

16.3 Annual Reporting

Airport Commission
Beautification Committee
Commission for the Arts
Historic Preservation Commission
Human Services Commission
Library Board of Trustees.

2. Other advisory bodies may provide written updates to the City Council as necessary or as directed by the City Council.

3. The City Clerk shall schedule the annual advisory body presentations and updates to the City Council in coordination with the staff liaisons to the advisory bodies.

17. Document Preparation and Approval for an Agenda

EXHIBIT A
716
33 Revised 2026.06

17.1 Ordinances
No ordinance shall be prepared for presentation to the City Council unless ordered by a majority vote of the City Council, prepared by the City Attorney on their own initiative or otherwise approved as to form by the City Attorney, or recommended by the City Manager and developed with the City Attorney’s assistance. [36936; LMC 1.08.060.E and

2.12.030.A.1.d].

2.12.030.A.1.d]. If the City Manager finds it necessary or expedient to place a contract on a City Council agenda for authority to execute it, but the contract is not yet in final form or has not been signed by the other parties, the City Council shall condition its authorization to execute the contract on : (a) the final contract being in substantially the same form as the one presented for the City Council’s consideration with such changes as may directed by the City Council; and, (b) upon the City Attorney’s approval of the final contract as to form. If the contract is substantially changed, then the contract must be placed on a subsequent agenda for the City Council’s consideration.

17.3 Ordinance Introduction/Adoption
The City Council hereby establishes and directs that the reading of the title of a proposed ordinance is satisfied when the presiding officer calls the ordinance for consideration and announces the agenda description for the item . The staff report’s recommended action for an ordinance will include its title and a statement that further reading of the full ordinance is waived. T he Council motion to approve staff’s recommended action will therefore reflect the waiver and that the full ordinance will not need to be read, unless a majority of the City Council present asks for a full reading. [36934]. For ordinances placed on the consent calendar for introduction and adoption, a motion by the City Council that moves staff’s recommendation for the approval of the consent calendar shall mean the title of the ordinance was read by the maker of the motion.

17.4 Majority Vote by Three Council Members Required
An affirmative vote of at least three members of the City Council shall be necessary to adopt an ordinance and a resolution, and to approve a contract for the expenditure of funds. An urgency (emergency) ordinance must be adopted by at least four members of the City Council. [36936, 54954.2, 54956, 54956.5].

EXHIBIT A
717
34 Revised 2026.06

17.6 Consent Calendar, Public Hearing, or Matters for Consideration Ordinances not requiring a public hearing may be presented to the City Council for introduction and adoption on either the consent calendar or matters for consideration portion of the agenda. The City Attorney shall determine the placement of an ordinance on a City Council agenda in consultation with the Mayor and City Manager, or as directed by the City Council.

19. City Council Policy for City Officials’ Use of Electronic Communications and Social Media
The City Council has adopted a Policy for City Official s’ Use of Electronic Communications an d Social Media to guide utilization of social media and electronic communications by the City Council as well as the City’s advisory body members and to help ensure compliance with the Brown Act and other relevant laws, legislation, and regulations.

EXHIBIT A
718
35 Revised 2026.06
Acknowledgement Form

I acknowledge that I have received a copy of the City of Livermore’s City Council Meeting Rules of Procedure and understand that I am to read and comply with its contents.

City Official Name: __________________________________________________

City Official Title: ___________________________________________________

Date: ________________

Signature: ___________________________________________________________

EXHIBIT A
719
36 Revised 2026.06
Attachments
Appendix A Preferred Procedures for Teleconferenced Hybrid Meetings Appendix B Preferred Methods for Recording City Council Meetings Appendix C Disruption Policy

EXHIBIT A
720

APPENDIX A
1 Revised 2026.06

PREFERRED PROCEDURES FOR TELECONFERENCE OR HYBRID MEETINGS

AND PUBLIC ACCESS EXCEPTIONS
Pursuant to section 8.4.6 of the City Council Meeting Rules of Procedure, the City Council has identified the following procedures for teleconference or hybrid meetings:

Types of Teleconference Meetings
Various forms of teleconferencing are available to City Council Members to attend and participate in public meetings in accordance with the Ralph M Brown Act. [Government Code section 54593, 54953.8, 54953. 8.1-54953.8.7.] City Council Members may teleconference in accordance with state law, including but not limited to, any of the following provisions:

Traditional teleconferencing [54953(b)(3)]
Teleconference as reasonable accommodation [54953(c)]
State of Emergency teleconferencing [54953.8.2]
Just Cause teleconferencing [54953.8.3]
A memorandum will be provided by the City Clerk to the teleconferencing City Council Member prior to the meeting, with complete instructions detailing the teleconference requirements. If using an audio call, the City Clerk and the teleconferencing Council Member will determine who will be responsible for initiating the call. For video calls, the Council Member will use the Video Conferencing Meeting link provided by the City Clerk.

Open Session
• The teleconferencing City Council Member will join the meeting using the audio- visual platform and pre-established meeting link provided by the City Clerk . The platform and link will be used to project the City Council Member into the Civic Center Meeting Hall to participate in the meeting and display presentations to all participants.

EXHIBIT A
721

APPENDIX A
2 Revised 2026.06

• In the event of a disruption that prevents the City Council from broadcasting the meeting to members of the public using the call -in option or the internet -based service option, or in the event of a disruption within the City’s control that prevents members of the public from offering public comments using the call -in option or internet baser service, the City Council shall follow the procedures set forth in the Technology Disruption Policy found in Appendix C of these Rules of Procedure. • A script will be provided to the Mayor (or presiding officer) with cues to invite/include comments/discussion from the tele conferencing City Council Member. A roll call vote on each motion must be taken (Brown Act requirement).

1. Attend a judicial or administrative proceeding

2. Inspect real or personal property

3. Meet with officials of US or State to discuss a legislative or regulatory issue

4. Meet in facility owned by agency to discuss items related to facility

5. Meet in emergency situation

6. Emergency meeting

EXHIBIT A 722

APPENDIX B
1 Revised 2026.06

EXHIBIT A
723

APPENDIX C
1 Revised 2026.06

DISRUPTION OF TELEPHONIC OR INTERNET SERVICE DURING

PUBLIC MEETINGS

4. Applicability
This policy applies to all open and public meetings of the City of Livermore City Council at which remote public participation is offered or required under the Brown Act.

5. Procedures in the Event of a Service Disruption

1. The Presiding Officer shall immediately announce the disruption to the public.

2. The Presiding Officer may then call for a recess of the open session or convene the legislative body in closed session, consistent with the Brown Act.

EXHIBIT A
724

APPENDIX C
2 Revised 2026.06

3. Staff shall begin efforts to diagnose and restore the disrupted service.

4. The meeting shall remain in recess for at least one hour or until service is restored, whichever is sooner. The recess period may be extended if restoration efforts are ongoing.

The Clerk shall document the restoration efforts undertaken.

6. Reconvening the Open Session

6.1. Timing
The open session may be reconvened after at least one hour has elapsed from the time of disruption or as soon as service is restored, whichever occurs earlier.

6.2. If Service Is Restored
If the remote access service is restored before or at the time the meeting reconvenes, the meeting shall continue as normal.

6.3. If Service Is Not Restored
If service has not been restored after one hour, the City of Livermore City Council through the Presiding Officer may reconvene and:

1. Adjourn the meeting; or

EXHIBIT A
725

APPENDIX C
3 Revised 2026.06
Upon adoption of the finding, the legislative body may continue the open session des
pite the fact that remote access services have not been restored.

7. R
ecordkeeping
The Clerk shall enter a brief statement into the meeting record, including the following:
• The nature and time of the disruption
• The restoration efforts undertaken
• The time the meeting was reconvened (if applicable)
• Any finding adopted pursuant to Section 6.3

8. Review and Updates
This policy may be amended by the City of Livermore City Council at a noticed public meeting in open session, not on the consent calendar.

EXHIBIT A
726

CITY COUNCIL STAFF REPORT
ITEM NO. 11.1

3.1 Appointment of Faith Alpher as Poet Laureate for a two-year term.

Material: PowerPoint Presentation

3.3 2025 Climate Action Plan Progress Report, presented by Tricia Pontau, Sustainability Program Manager
Material: PowerPoint Presentation

5.0 Open Forum
Material: Public Comment

7.1 Public Hearing, ballot tabulation, and actions related to the annexation of Shea Aura (Tract 8612) to City of Livermore Landscape Maintenance District No. LL-857 (Tract 7610) Montage, adopting the engineer's report, confirming the levy of the first assessment and directing actions with respect thereto.

Material: PowerPoint Presentation

DATE:

June
8, 2026
TO:

Honorable Mayor and City Council
FROM:

Marianna A. Burch, City Manager
SUBJECT:

Supplemental materials received prior to the meeting.

RECOMMENDED ACTION

SUMMARY
These materials were posted online and made available to the public at the same time that they were distributed to the City Council.

727

7.2 Hearing to consider a request to amend the project approvals for Vesting Tentative Tract Map (VTTM) 8612 - Subdivision (SUB) 21-007 and Site Plan Design Review (SPDR) 21-006, known as Aura, and Vesting Tentative Tract Map (VTTM) 8613 - Subdivision (SUB) 21-006 and Site Plan and Design Review (SPDR) 21-005, known as Serenity, to authorize an alternative means of compliance with the City's Inclusionary Housing Ordinance for each project, pursuant to Livermore Development Code Section 11.70.040. The alternative compliance method would be implemented through a future Affordable Housing Agreement for Aura and an amendment to the existing Affordable Housing Agreement for Serenity. The requested amendments would not result in any physical changes to the environment that were not otherwise considered in the original project approvals.

Material: PowerPoint Presentation

7.3 Public Hearing and Resolution of Renewal of the Livermore Valley Wine Heritage District.

Material: PowerPoint Presentation

8.1 Resolution approving the adoption of a Technology Disruption Policy in accordance with Senate Bill 707 and Resolution amending and adopting City Council Meeting Rules of Procedure.

Material: PowerPoint Presentation

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:
____________________________________
Kristen Hilton
Acting Administrative Services Director
728
1 v
Confirmation of Advisory Body
Appointment
June 8, 2026
Allen McFarland, Management Analyst II
Advisory Body Appointment
Poet Laureate
Two applications submitted
Interviews held by the
Commission for the Arts
Commission for the Arts recommends appointment
to a regular term beginning July 1, 2026, ending June
30, 2028
• Faith Alpher
1 2
Item 3.1
PowerPoint Presentation
729
1 v
2025 Climate Action Plan
Progress Report
June 8, 2026
Lydia Vance, Sustainability Program Department Assistant Climate Action Plan
Adopted November 2022
Goals:

Prepare the community for
climate impacts.

Achieve carbon neutrality by
2045.

Establish Livermore as a
climate action leader.
1 2
Item 3.3
PowerPoint Presentation
730
2 2025 Progress Report
• The City prepares an
annual report to track
implementation progress.
• The report includes:
• Implementation highlights
• Greenhouse gas emissions
inventory
By the Numbers
3 4
Item 3.3
PowerPoint Presentation
731
3 By the Numbers
Highlights
$1.6 Million EV Charging Grant
5 6
Item 3.3
PowerPoint Presentation
732
4 Highlights
Solar & Battery Storage
Highlights
Heat Vulnerability Mapping
7 8
Item 3.3
PowerPoint Presentation
733
5 Highlights
Community Engagement
2024 Emissions Inventory
Community Emissions
9 10
Item 3.3
PowerPoint Presentation
734
6 2024 Emissions Inventory
Municipal Emissions
Thank you!
The 2025 CAP Progress
Report will be available
online:
www.LivermoreCA.gov/CAP
Follow along on
Instagram:
@LivermoreResilient
11 12
Item 3.3
PowerPoint Presentation
735
1 Helena Graves
From: Marc Ross
Sent: Monday, June 8, 2026 6:10 AM
To: City Clerk
Cc: Livermore City Council
Subject: Public Comment
Exercise Caution: This message is from outside the City email system. Do not open links or attachments from untrusted sources.

Hello,
I support Livermore City Council adding an agenda item to a future meeting considering passage of a resolution opposing the re-opening of FCI Dublin as an ICE immigration detention center. There are a whole host of reasons on why having such a facility is a net negative for our community, highlighted by countless national and local news stories.

There are two currently passed resolutions locally in Dublin and Alameda County, and that Livermore can model our resolution after:
https://dublin.ca.gov/DocumentCenter/View/41009/Reso-110-25-Opposing-Reopening-or- Repurposing-Former-FCI-Dublin
https://www
.alamedacountyca.gov/board/bos_calendar/documents/DocsAgendaReg_04_07_26/ GENERAL%20ADMINISTRATION/Set%20Matter%20Calendar/President%20Haubert_Supervisor% 20M%C3%A1rquez 403105.pdf
I look forwar
d to continuing this conversation. Thank you.

Best,
Marc Ross
Item 5.0
Public Comment
736
1 v
Landscape Maintenance District No. LL-857
Annexation No. 1 Shea Aura Tract 8612
June 8, 2026
Presented by Jarrett Rasmussen
Senior Civil Engineer
• Landscape Maintenance Districts (LMD) provide a
funding mechanism for the maintenance of public
landscape amenities.
• Property owners within the district are assessed
annually to provide this funding.
• Annexation to an existing LMD takes 2 City Council
Meetings with a Public Hearing.

Background
1 2
Item 7.1
PowerPoint Presentation
737
2 • LMD No. LL-857 formed in June of 2006 to provide
a funding mechanism to maintain public landscape
amenities installed with residential subdivisions
Shea Montage Tract 7610 and Shea Sage Tract 8212
and 8216.
• When formed, the LMD boundary did not include
land zoned for commercial development just west
of Sage.
• In 2020, the Isabel Neighborhood Specific Plan
changed the zoning of land just west of Sage from
commercial to residential.

Maintenance District No. LL-857
• Shea Aura Tract 8612 was entitled in July of 2024
for the development of 164 townhomes.
• The project was conditioned to annex into LMD No.

LL-857 to contribute maintenance funding to the
landscape amenities installed with Shea Montage
and Shea Sage.

Maintenance District No. LL-857
3 4
Item 7.1
PowerPoint Presentation
738
3 Shea Aura Tract 8612
Staff recommends the City Council:

1. Conduct the public hearing and consider written
and oral protests;

2. Tabulate ballots from the landowner; and

3. If there is no majority protest represented by the
landowner ballot, adopt a resolution ordering the
annexation of Shea Aura (Tract 8612) to
Landscape Maintenance District No. LL-857 (Tract
7610) Montage, adopting the Engineer’s Report,
confirming the levy of the first assessment and
directing actions thereto.
5 6
Item 7.1
PowerPoint Presentation
739
4 Questions?
7 Item 7.1
PowerPoint Presentation
740
1 v
Shea Aura and Shea Serenity
Amendments
Subdivision Amendment (SUBA) 26-001,
Subdivision Amendment (SUBA) 26-002,
Site Plan Design Review Modification (SPDRM) 26-013, and Site Plan Design Review Modification (SPDRM) 26-014
June 8, 2026
Emily LaDue, Assistant Planner
SR1
SR2
Project Location
Serenity
Aura
1 2
Item 7.2
PowerPoint Presentation
741
2 Background and Context
Serenity Condominiums Aura Townhomes
• Aura Project
• 164 for-sale condominium
units
• 33 affordable units
• 17 accessible units
• Serenity Project
• 299 units
• 89 for-sale condominium units
• 210 for-rent apartments
• 60 affordable units
• 51 accessible units
Current Conditions
• Increased difficulty selling moderate-income for-
sale unit
• High demand for one- and two-bedroom units
• Only three-bedroom moderate-income units are offered
at Aura and Serenity
• Qualified buyers declining opportunities to
purchase the units
3 4
Item 7.2
PowerPoint Presentation
742
3 Alternative Means of Compliance
Maximum Authorized for
Alternative Compliance
proposed by applicant
Minimum Required for
Density Bonus (10%)
proposed on site by
applicant
Originally Approved to
be provided on site
Moderate: 16 unitsModerate: 8 units
Median: 9 units
Moderate: 24 units
Median: 9 unitsAura
Moderate: 9 units Moderate: 4 units
Median: 5 units
Moderate: 13 units
Median: 5 units Serenity
Public Benefit
• Benefits of Alternative Means of Compliance
• Flexible funding that may be directed toward deeply
affordable projects serving lower-income and
special-needs populations.

Avance Pacific Avenue Senior Apartments
5 6
Item 7.2
PowerPoint Presentation
743
4 Recommendation
Planning Commission and Staff recommend the City
Council adopt resolutions:

1. Approving Subdivision Amendment (SUBA) 26-001 and
Site Plan Design Review Modification (SPDRM) 26-013
(Shea Aura); and

2. Approving Subdivision Amendment (SUBA) 26-002 and
Site Plan Design Review Modification (SPDRM) 26-014
(Shea Serenity).

Questions?
7 8
Item 7.2
PowerPoint Presentation
744
1 v
Livermore Valley Wine Heritage District
Renewal
Public Hearing
Presented by:

Theresa de la Vega, Management Analyst II
June 8, 2026
Renewal Process & Milestones
Process Date
Request to renew and to
initiate petition drive
November 12, 2025-completed
Successful petition driveJanuary 13, 2026-completed
Resolution of Intent to RenewMarch 9, 2026-completed
Notice to assessed businessesMarch 10, 2026-completed
Public MeetingApril 27, 2026-completed
Public Hearing and
Resolution of Renewal
June 8, 2026
1 2
Item 7.3
PowerPoint Presentation
745
2 Resolution of Renewal

1. Extension of term for an
additional five years beginning
July 1, 2026, and ending June
30, 2031.

2. Approval and adoption of the
Management District Plan with
minor adjustment to City
Collection Fee.

3. Authorize City Manager to
execute the Agreement for
Services with the
Winegrowers.

Recommended Action
Staff recommends the City Council hold the Public Hearing and adopt the Resolution of Renewal.
3 4
Item 7.3
PowerPoint Presentation
746
1 v
SB 707: Technology Disruption
Policy and Updates to the City
Council Meeting Rules of Procedure
June 8, 2026
Presented by: Kimberly Cilley, City Attorney
Purpose of SB 707
• Expand use of remote access and participation
• Standardize teleconferencing
• Improve public engagement
1 2
Item 8.1
PowerPoint Presentation
747
2 Primary Changes to the Brown Act
• Public access requirements for eligible legislative
bodies
• Expansion of teleconferencing rules
Public Access Requirements for Eligible
Legislative Bodies
• Public access and comment through two-way
remote participation
• Adopt a policy addressing technology disruptions of
service at meetings
• Engage with underrepresented communities
3 4
Item 8.1
PowerPoint Presentation
748
3 Clarification and Expansion of
Teleconferencing
• Traditional Teleconferencing [54953(b)]
• Teleconferencing as Reasonable Accommodation
[54953(c)]
• Alternative Teleconferencing [54953.8]
Recommended Actions
• Adopt a Resolution adopting the Technology Disruption Policy in accordance with SB 707
• Adopt a Resolution adopting and amending the City
Council Rules of Procedure consistent with SB 707
5 6
Item 8.1
PowerPoint Presentation
749
Council Member
Date of
Meeting or
Event Committee or Organization Meeting or Event Type Summary of Meeting or Event Mayor Marchand 5/13/2026 Valley Link Board of Directors Board meeting Approved financials and accepted $4 million in toll
revenue from the ACTC. Received TIRCP and
environmental status updates.

Mayor Marchand 5/13/2026
Alameda County Mayors
Conference Monthly meeting
Toured the Veev housing manufacturing facility in
Hayward. Approved appointments to regional
agencies and heard a presentation on autonomous
vehicles.

Mayor Marchand 5/14/2026 Stanford Healthcare Tri-Valley Ground-breaking Ground-breaking for the new east wing facility.

Mayor Marchand 5/14/2026 Chamber of Commerce Ribbon-cutting New rededication of the Concannon winery site.

Mayor Marchand 5/14/2026 City of Livermore Graduation Spoke at the Key to the City graduation ceremony..

Mayor Marchand 5/18/2026 City of Livermore Ground-breaking Ground-breaking for Veterans Park.

Mayor Marchand 5/19/2026 Alameda County
Point-in-Time Count, data release
press conference Participated in the press conference.

Mayor Marchand 5/19/2026 City of Livermore Ribbon-cutting Ribbon-cutting for the new L Street garage.

Mayor Marchand 5/20/2026 Chamber of Commerce Monthly mixer Attended mixer at Alden Lane Nursery, networked
with local businesses.

Mayor Marchand 5/20/2026 Sunflower Hill Donor appreciation event Attended and spoke.

Mayor Marchand 5/20/2026 City of Livermore Arts program Poetry in a Test Tube poetry competition, listened
to authors read their poems.

Mayor Marchand 5/21/2026 City of Livermore TV30 Mayor's Report Provided an update on City activities.

Mayor Marchand 5/21/2026 City of Livermore Celebration
Livermorium Day celebration recognizing Lawrence
Livermore Lab, QUEST Science Center, and the
School District.

Mayor Marchand 5/21/2026
Livermore Joint Unified School
District Choir performance
It was a remarkable performance by over 100
students assembled from all of the elementary
schools in Livermore, organized and conducted by
choir teacher, Liv Wang.

Mayor Marchand 5/22/2026
Livermore Pleasanton Fire
Department Walk-off retirement
Spoke at the retirement of Deputy Chief Kurtis
Dickey.

Mayor Marchand 5/22/2026
Muslim Community Center of the
East Bay Community gathering
Spoke to the assembly to show solidarity as a
community in response to the murders at the San
Diego Mosque.

Mayor Marchand 5/24/2026 Concannon Vineyard Memorial Appreciation Day Spoke at the event to honor those members of the
Armed Services who lost their lives in service to our
country.

Mayor Marchand 5/25/2026
Veterans of Foreign Wars Post
7265 Community memorial
Honored the veterans who lost their lives in service
to our country.

Item 9.0
Council Reports
750
Council Member
Date of
Meeting or
Event Committee or Organization Meeting or Event Type Summary of Meeting or Event Mayor Marchand 5/27/2026 Chamber of Commerce Board meeting Approved financials and provided an update on City
activities.

Mayor Marchand 5/27/2026 Chamber of Commerce Ribbon cutting Welcomed Standard Meter Lab to the Chamber and
to Livermore.

Mayor Marchand 5/27/2026 CAPE HeadStart 60th Anniversary celebration Spoke and presented a Certificate of Recognition Mayor Marchand 5/27/2026 Tri-Valley Cities Coalition Meeting Received a legislative update from Townsend.

Mayor Marchand 5/28/2026 City of Livermore State of the City presentation.

Provided a 150 year review of the City, recognizing
its 150th Anniversary, and an update on the State
of Livermore. (Spoiler alert - The City is doing
great!)
Mayor Marchand 5/29/2026 City of Livermore Ribbon-cutting Welcomed Northern CA. Cement Mason's Joint
Apprenticeship Program to Livermore.

Mayor Marchand 6/1/2026 City of Livermore Community gathering Spoke at a public safety program.

Mayor Marchand 6/3/2026 U.S. Conference of Mayors Conference Data Center program Mayor Marchand 6/4/2026 U.S. Conference of Mayors Conference Chaired Water Council program, and attended
presentations.

Mayor Marchand 6/5/2026 U.S. Conference of Mayors Conference Networking and attended a presentation on Fire
Apparatus.

Mayor Marchand 6/5/2026
San Joaquin Regional Rail
Commission Commission meeting
Approved fare increase and heard presentations on
budgets and the short-term transit plan.

Mayor Marchand 6/6/2026 City of Livermore
125th Birthday celebration of the
Centennial Light Bulb
Along with about 800 other people, celebrated our
world famous light bulb.

Mayor Marchand 6/6/2026 Livermore Valley Arts Art Display Attended the Immersive Art Display tracing the
history of art at Livermorium Plaza.

Mayor Marchand 6/8/2026 QUEST/Las Positas College Planetary Health Summer Institute Spoke and interacted with the students.

Item 9.0
Council Reports
751
Council Member
Date of
Meeting or
Event Committee or Organization Meeting or Event Type Summary of Meeting or Event Vice Mayor Wang 5/14/2026
Concannon Event Center,
Livermore Valley Chamber Ribbon cutting
Vice Mayor Wang 5/14/2026 Tri-Valley Haven Volunteer appreciation dinner Board, staff, and volunteers gather to celebrate.

Vice Mayor Wang 5/15/2026
Altamont Landfill Open Space
Committee Committee meeting
Received project updates, considered and voted
down request from City of Pleasanton to amend the
settlement agreement on project approvals,
discussed concept of an east-west trail across
Alameda County.

Vice Mayor Wang 5/16/2026 Livermore Downtown Inc. Livermore Downtown Street Fest Vendors, food, music, and wine all throughout
downtown!
Vice Mayor Wang 5/17/2026 Joe Lee Free software training Presented by community member Joe Lee.

Vice Mayor Wang 5/18/2026
Eden Housing, City of
Livermore, County of Alameda,
California Department of
Housing & Community
Development Groundbreaking
Stakeholders gather to celebrate progress on the
Downtown Livermore Apartments.

Vice Mayor Wang 5/19/2026
City of Livermore Ribbon cutting Celebration of opening of L Street Garage.

Vice Mayor Wang 5/20/2026
Livermore Valley Chamber of
Commerce Monthly mixer Gathering at Alden Lane Nursery.

Vice Mayor Wang 5/21/2026 City of Livermore Livermorium Day celebration Poetry, music, food, and student awards.

Vice Mayor Wang 5/21/2026
Innovation Tri-Valley Leadership
Group ITV Gamechangers Awards
Recognitions of Tri-Valley gamechangers, including
Livermore fusion startup Inertia Enterprises.

Vice Mayor Wang 5/22/2026
Livermore-Pleasanton Fire
Department
Deputy Chief Kurtis Dickey walk-off
ceremony
Retirement after more than 33 years in the fire
service.

Vice Mayor Wang 5/22/2026 Stitch & Revel
Community painting event and
fundraiser for Tri-Valley for Black
Lives
Vice Mayor Wang 5/25/2026
City of Livermore and VFW Post
7265 Memorial Day commemoration
Ceremony to honor the men and women of the
military.

Vice Mayor Wang 5/26/2026
Livermore Amador Valley Transit
Authority (LAVTA)
Finance & Administration
Committee meeting
Discussed purchase of 8 Genfare fareboxes,
landscape maintenance service agreement with
Bright View Landscape Services, I-580 Net Toll
Revenue Funds, and legislative update.

Vice Mayor Wang 5/28/2026
Livermore Valley Chamber of
Commerce
Mayor's State of the City
presentation
Vice Mayor Wang 5/29/2026 Ava Energy
Tour of the Scott Haggerty Wind
Energy Center
CEO Howard Chang took us up to see the wind
turbines on the Altamont.

Item 9.0
Council Reports
752
Council Member
Date of
Meeting or
Event Committee or Organization Meeting or Event Type Summary of Meeting or Event Vice Mayor Wang 5/30/2026 Livermore Public Library Summer Learning Festival Very well attended event to kick off the Library's
summer learning program.

Vice Mayor Wang 5/31/2026 LGBTQ Minus Tobacco
Breathe Better Livermore
presentation
Presentation for World No Tobacco Day -- update
on youth vaping trends, including the latest
products from Big Tobacco and their strategies to
target vulnerable groups, particularly the LGBTQ+
community.

Vice Mayor Wang 5/31/2026 Livermore Heritage Guild
Hagemann Ranch monthly open
house
Displays of Livermore heritage, food, animals, and
gardens.

Vice Mayor Wang 6/1/2026
Livermore Amador Valley Transit
Authority Monthly Board of Directors meeting
Awarded landscape maintenance services
agreement to BrightView Landscape Services;
approved purchase of eight Genfare Fareboxes;
approved resolution accepting the I-580 Net Toll
Revenue Funds.

Vice Mayor Wang 6/3/2026
City of Livermore Climate Action
Team Quarterly meeting
City staff and committee members provided
updates on climate action projects.

Vice Mayor Wang 6/5/2026 3 Steves Winery First Friday Comedy Night Fun evening with three comics, delicious food by
Lotus Delight, and a fundraiser for Culinary Angels.

Vice Mayor Wang 6/6/2026 City of Livermore
Celebration of the 125th birthday of
the Livermore Lightbulb
800 community members gathered to celebrate the
birthday of the oldest and longest burning lightbulb
in the world.

Vice Mayor Wang 6/7/2026
Asian Pacific American Public
Affairs Association (APAPA), Tri-
Valley Chapter
Summer Intern Program training,
part 1
Part 1 of the training includes constituent
communication, legislative process, office etiquette,
fireside chat with alumni, and civil discourse.

Item 9.0
Council Reports
753
Council Member
Date of
Meeting or
Event Committee or Organization Meeting or Event Type Summary of Meeting or Event Council Member Barrientos 5/12/2026 CalCCA
Meeting of California energy
community aggregators of green
energy
Dozens of companies representing cca were
present receiving information on the history of cca,
progress made and what the future holds.

Council Member Barrientos 5/14/2026
CalCCA Continuing the above conference Summary was made on the conference.

Council Member Barrientos 5/14/2026 Stop Waste Board meeting Report on the effort to inform schools on how to
stop the waste of food and use of reusable plates
and utensils. A student commented that the food
trays don’t smell like plastic anymore.

Council Member Barrientos 5/18/2026 City Met with members of the public Discussion on how to raise funds to fund the Great
Elephant Migration.

Council Member Barrientos 5/20/2026 Stop Waste Board Meeting Summary of the fiscal budget for 2026-27.

Council Member Barrientos 5/21/2026 City of Livermore Celebration Celebrating Livermorium Day.

Council Member Barrientos 5/31/2026 City/Lions Club
Monthly event at the Hageman
Ranch. Theme was vintage cars
and engines
The open house event of the ranch was high
lighting vintage cars and engines. The Lions also
raised funds.

Council Member Barrientos 6/1/2026 City Public meeting
The CHP, and our people in blue were honored and
made available to speak with the public.

Council Member Barrientos 6/6/2026 City of Livermore Celebrating the bulb Celebration of the Edison 125 year old light bulb at
Station 6. Hundreds attended.

Council Member Barrientos 6/19/2026 City of Livermore Ribbon cutting Ribbon cutting of the Livermore Village Parking
Garage.

Item 9.0
Council Reports
754
Council Member
Date of
Meeting or
Event Committee or Organization Meeting or Event Type
Council Member Branning 5/14/2026
Livermore Chamber of
Commerce
Concannon Event Center Ribbon
Cutting
Council Member Branning 5/19/2026 City of Livermore L Street Garage Ribbon Cutting Council Member Branning 5/20/2026
Livermore Amador Valley Water
Agency Board Meeting
Council Member Branning 5/21/2026 Innovation Tri-Valley Game Changers Awards Council Member Branning 5/21/2026 CalCities East Bay Division Board Meeting Council Member Branning 5/25/2026 City of Livermore Memorial Day Celebration Council Member Branning 6/1/2026
Livermore Amador Valley Transit
Authority Board Meeting
Council Member Branning 6/5/2026
CalCities Housing Economic and
Community Development
Committee Committee Meeting
Item 9.0
Council Reports
755
Council Member
Date of
Meeting or
Event Committee or Organization Meeting or Event Type Summary of Meeting or Event Council Member Dunbar 5/14/2026 City of Livermore / Bike East Bay Bike to Wherever Day City hosted stations in the morning and afternoon in
multiple places.

Council Member Dunbar 5/14/2026
Lemmons Family Vineyards /
Livermore Chamber of
Commerce
Concannon Event Center Grand
Opening
Council Member Dunbar 5/14/2026
City of Livermore Key to the City graduation
Council Member Dunbar 5/17/2026 Livermore Art Association Paint Livermore Judging and
Showcase
Council Member Dunbar 5/18/2026
City of Livermore / Eden
Housing
Eden Housing and Veteran's Park
Groundbreaking
Council Member Dunbar 5/19/2026 City of Livermore
L Street Parking Garage Ribbon
Cutting
Council Member Dunbar 5/20/2026
Livermore Amador Valley Water
Management Agency Regular Board Meeting
I was voted as chair, Director Halket voted as vice
chair for next fiscal year. Approved operating and
capital budget, update to investment policy to
account for higher interest rate investment groups
(CAMP, LAIF, etc), and supported continuously
monitoring for future solar opportunities if the
market shift (market does not support a good
investment for our energy use timing right now).

Council Member Dunbar 5/21/2026
City of Livermore Livermorium Day Celebration
Council Member Dunbar 5/22/2026
Livermore Pleasanton Fire
Department
Deputy Chief Dickey retirement
ceremony
Council Member Dunbar 5/25/2026
Veterans of Foreign Wars and
City of Livermore Memorial Day Ceremony
Council Member Dunbar 5/28/2026
Alameda County Transportation
Commission Regular Board Meeting
Approved call for projects for various grant funds,
reviewed performance of executive director, and
approved pay adjustment for executive director
based on subcommittee pay comparison.

Council Member Dunbar 5/29/2026 Ava Community Energy
Scott Haggerty Wind Energy
Center Tour
Council Member Dunbar 6/6/2026 City of Livermore Centennial Bulb Celebration Item 9.0
Council Reports
756

CITY COUNCIL STAFF REPORT
ITEM NO. 11.2

DATE:

June
8, 2026
TO:

Honorable Mayor and City Council
FROM:

Marianna A. Burch, City Manager
SUBJECT:

Supplemental materials received at the meeting.

RECOMMENDED ACTION

SUMMARY

DISCUSSION

ATTACHMENTS

1. Materials received at the meeting

Prepared by: Helena Graves
Acting City Clerk

Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Kristen Hilton
Acting Administrative Services Director
757
Item 5.0
Public Comment
758
Item 5.0
Public Comment
759
Item 5.0
Public Comment
760
Item 5.0
Public Comment
761
Item 5.0
Public Comment
762
Item Name Comment
5) OPEN FORUM Syb de Clark
FCI Dublin is a threat to all of us. I am a historian, and one who grew up in Europe, of parents and grand-parents who saw happen there what is now happening here. Here’s the thing: if things keep going the way they have this year in our country, 5 years from now anyone of us may be the ones ending up in that detention center, once the regime graduates from attacking immigrants to attacking those who wish to exercise their first amendment speech, or even have already done so. If the current trends continue, how much capacity there is for incarceration will determine how much freedom we have. If you think I’m being paranoid, well that’s ok I’ve been called that plenty in 2015 and 2024 by people who now no longer do. Every human being who have found themselves in the type of situation my parents and grand-parents lived through found themselves saying “we never thought this could happen here”.
5) OPEN FORUM Dylan Williams
FCI Dublin is an imminent threat to our neighbors in Dublin, but also a threat to public safety within the borders of Livermore. A detention facility built in our backyard is an invitation to detain members of our community who hold absolute value in our community. In Mayor Marchand’s re-election campaign, his number one priority was stated to be public safety. Livermore “strives to create a safe, healthy, welcoming city for all our diverse members”, and that must be applicable to our immigrant community otherwise it would be untrue. The possible re-opening of FCI Dublin endangers residents of Livermore, and threatens the well-being of many– as well as those who do not show fear in standing up for their immigrant friends and family. I understand that a resolution has no binding over the federal government, however, dismissing potential uproar, violence, and cruelty simply cannot be an option. Thank you, Dylan Williams eComments
763

Livermore City CouncilJune 8, 2026

Livermore City Council
June 8, 2026