CITY COUNCIL
AGENDA
MONDAY, SEPTEMBER 28, 2026
REGULAR HYBRID MEETING –
7:00 PM
IN PERSON PARTICIPATION
CIVIC CENTER MEETING HALL
DR. JOHN SHIRLEY COUNCIL CHAMBER
1016 S. LIVERMORE AVENUE
TELECONFERENCE PARTICIPATION
ZOOM WEBINAR:
https://us02web.zoom.us/j/86012184408
Zoom dial in phone number: +1 669 900 6833
Meeting ID: 860 1218 4408
***LATEST VERSION OF ZOOM RECOMMMENDED***
YOUTUBE CHANNEL VIEWING
CITY OF LIVERMORE YOUTUBE CHANNEL:
https://www.youtube.com/c/CityofLivermoreCalifornia
CABLE CHANNEL VIEWING
TV29: Comcast TV Channel 29
tv29live.org
John P Marchand, Mayor
Kristie Wang, Vice Mayor
Ben
Barrientos, Council Member
Evan Branning, Council Member
Steven Dunbar, Council Member
Livermore City Council Agenda
September 28, 2026
1 How to Participate in a City Council Meeting
GENERAL RULES
Council meetings are
hybrid
— the public may join
in person
or
remotely
(Zoom or telephone). Meetings
may also be viewed without commenting on the City's YouTube channel and TV29 (Comcast Channel 29).
Agenda
availability
Agenda & staff reports are posted 72+ hrs before regular meetings at LivermoreCA.gov/agenda
; also available at the Civic Center Library and City Clerk's Office.
Non-agenda items
State law prohibits the City Council from taking action on any items not listed on the agenda.
Speaker Limits
Up to
3 minutes per item
(Presiding Officer may reduce time if needed).
One comment per item per speaker.
Accessibility
In compliance with the Americans with Disabilities Act and Section 504 of the Rehabilitation Act of 1973, the City does not discriminate on the basis of disability. To request an accommodation, contact the ADA Coordinator at least 3 business days prior to the meeting at
[email protected]
or (925) 960-4170 (voice) /
(925) 960-4104 (TDD).
Translation
Public may post their own agenda translation at City Hall, 1052 S. Livermore Ave.
Members of the public wishing to receive translation or interpretation services from a third party during a meeting, please contact
[email protected]
or visit the
City's webpage at
LivermoreCA.gov/agenda
.
PUBLIC COMMENT
Public comment may be offered during
Open Forum
(any matter within the City's subject matter jurisdiction), Consent Calendar
,
Public Hearings
, and
Matters for Consideration
.
For
Open Forum
, in-person speakers will collectively have the opportunity to address the City Council for up to 30 minutes. Any additional in-person speakers who wish to speak at the conclusion of the 30-minute time period, or any speakers participating remotely, will have the opportunity to address the City Council at the end of the meeting.
For
Consent Calendar, Public Hearings, and Matters for Consideration , in-person speakers will be called
upon first, followed by speakers participating remotely.
In Person
Remotely by Zoom
Remotely by Telephone
Complete a speaker card
(available in the Civic
Center Meeting Hall lobby)
Write the agenda item
number & submit to the City
Clerk before that item's
comment period closes
(may not submit on behalf
of another speaker)
When the Clerk calls your
name, approach the podium
and speak into the
microphone
Join via the Zoom link,
Meeting ID, and dial-in
number on the agenda cover
page
When your item begins, use
the “raise hand” feature
Wait to be called on, then
unmute and speak
Use an updated Zoom app
—outdated versions may
block commenting
(zoom.us/download)
Call the Zoom dial-in
number on the agenda and
enter the Meeting ID
When your item begins,
press *9 to raise your virtual
hand
Wait to be called on; press
*6 to unmute and speak
when recognized
Livermore City Council Agenda
September 28, 2026
2 Written Public Comment Submitted Before the Meeting
Written comments submitted before the meeting are provided to the Council and made available to the public in advance. These comments are not read aloud into the record.
By Email
Send to
[email protected]
. Must be received by
12:00 p.m. (noon) on the
day of the meeting
to be provided to City Council and posted on the City's website prior to the meeting.
By eComment
Submit online via the eComment link on the City Council Meeting Calendar & Agendas page. Comments may be up to
1,000 characters
; accepted until
4:00 p.m. on the
day of the meeting
. Viewable by Council and the public immediately upon submittal.
Materials to
Distribute at
Meeting
In person: bring
8 copies
to the City Clerk with your speaker card. By Zoom: identify the material in your comment and email it to the City Clerk at [email protected]
by the end of the meeting. Materials received after
12:00
p.m.
will be included in the supplemental packet.
WRITTEN COMMENT SUBMITTED AFTER THE AGENDA IS POSTED (SUPPLEMENTAL MATERIAL) Supplemental material distributed to the City Council after the posting of the agenda will be available for public review at the City Clerk's Office, 1052 S. Livermore Avenue, Livermore and included in the agenda packet on the City's website at
LivermoreCA.gov/agenda
on the day of the meeting.
Comments received after the email (noon) or eComment (4:00 p.m.) deadlines on meeting day are treated as supplemental material and, if received before the meeting concludes, are provided to the City Council following the meeting.
Livermore City Council Agenda
September 28, 2026
3 1.
CLOSED SESSION - NONE
Roll Call
Opportunity for the the Public to Address City Council Regarding Closed Session Items Adjourn to Closed Session
No
te: This Closed Session may be continued to the end of the Regular Meeting.
2. CALL TO ORDER
3. PROCLAMATIONS AND PRESENTATIONS
3.1 Livermore Downtown Inc. annual update presented by Kara Klotchman, Executive Director.
Recommendation:
Staff recommends the City Council receive the annual update from Livermore Downtown Inc.
Staff Report
4. ADVISORY BODY APPOINTMENTS
5. OPEN FORUM
In conformance with the Brown Act, no City Council action can occur on items presented during Open Forum.
6. CONSENT CALENDAR
Consent Calendar items are considered routine and are acted upon by the City Council with a single action.
6.1 Approval of draft minutes - June 22, 2026 Regular Meeting.
Recommendation:
Staff recommends the City Council approve the draft minutes.
Staff Report
Attachments:
1. DRAFT 2026-06-22
6.2 Resolution accepting the 2026 Biennial Notice and declaring intent to update the City of Livermore's Conflict of Interest Code.
ROLL CALL
Council Member Ben Barrientos
Council Member Evan Branning
Council Member Steven Dunbar
Vice Mayor Kristie Wang
Mayor John Marchand
PLEDGE OF ALLEGIANCE
REPORT OF ACTION TAKEN IN CLOSED SESSION
Livermore City Council Agenda
September 28, 2026
4 Recommendation:
Staff recommends the City Council adopt a resolution accepting the 2026 Biennial Notice and declaring its intent to amend the City of Livermore's Conflict of Interest Code, as required by the California Political Reform Act.
Staff Report
Attachments:
1. Conflict of Interest Code
2. Resolution
3. Exhibit A to Resolution: 2026 Local Agency Biennial Notice
6.3 Resolution approving Final Tract Map 8612, and authorizing execution of a Subdivision Improvement Agreement for Shea Aura located at the southeast corner of the intersection of Portola Avenue and Isabel Avenue, and accepting on behalf of the public, all real property offered for dedication within Final Tract Map 8612 except for certain easements which the City Council reserves the right to accept at a future date.
Recommendation:
Staff recommends the City Council adopt a resolution:
1 .
Finding that the approval of the final map is statutorily exempt from the California Environmental Quality Act (CEQA) pursuant to Public Resources Code section 21080(b)(1), CEQA Guidelines 15268, Government Code section 65457, and CEQA Guidelines section 15182(c).
2 .
Approving and authorizing execution of the Subdivision Improvement Agreement for Final Tract Map 8612, which includes a 12-month extension (24 months in total) to complete the required improvements;
3 .
Approving Final Tract Map 8612 for recording; and
4 .
Accepting, on behalf of the public, all real property offered for dedication within Final Tract Map 8612 in conformance with the terms of the offer except for the following, which the Council rejects at this time, reserving the right to accept the offers at a future date: Public Utility Easement (PUE) and Emergency Vehicle Access Easement (EVAE).
Staff Report
Attachments:
1. Vicinity Map
2. Resolution
3. Exhibit A - Final Tract Map 8612
4. Exhibit B - Subdivision Improvement Agreement
6.4 Resolution authorizing the execution of an Affordable For-Sale Housing Agreement with Shea Homes, Inc., for a 164-unit subdivision located southwest of Portola Avenue and Tranquility Circle intersection.
Recommendation:
Staff recommends the City Council authorize the City Manager, or her designee, to:
1. Execute an Affordable For-Sale Housing Agreement with Shea Homes, Inc., attached hereto as Exhibit A, for a 164-unit subdivision located southwest of Portola Avenue and
Livermore City Council Agenda
September 28, 2026
5 Tranquility Circle intersection (Vesting Tentative Tract Map 8612)
2. Take whatever actions are necessary and appropriate to carry out the purpose and intent of this resolution.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - Affordable For Sale Housing Agreement with Shea Homes, Inc. (Shea Aura)
6.5 Resolution authorizing the execution of a Second Amendment to the Affordable For Sale Housing Agreement with Shea Homes, Inc., for a subdivision located in the Isabel Neighborhood Specific Plan Area, northeast of the Portola Avenue / Collier Canyon Road intersection.
Recommendation:
Staff recommends the City Council authorize the City Manager, or her designee, to:
1. Execute a Second Amendment to the Affordable For Sale Housing Agreement with Shea Homes, Inc., attached hereto as Exhibit A, which implements an alternative means of compliance with the City's inclusionary housing ordinance by requiring the Developer to pay an in-lieu fee, consistent with the requirements of Section 3.26.050(C) of the Livermore Municipal Code, for nine units that would have otherwise been reserved for "Moderate Income Purchasers"
2. Take whatever actions are necessary and appropriate to carry out the purpose and intent of this resolution.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - Second Amendment to Affordable For Sale Housing Agreement with Shea Homes, Inc. (Shea Portola Project/Shea Serenity)
6.6 Resolution authorizing supplemental appropriations totaling $1,103,000 and awarding a construction contract to Re-Gen Electric, Inc., in the amount of $3,242,200, for the City Fleet Electrification, Phase 2 Project BL202514
Recommendation:
Staff recommends the City Council adopt a resolution for the City Fleet Electrification, Phase 2 Project BL202514:
1 .
Authorizing supplemental appropriations totaling $1,103,000 to the budget for the City Fleet Electrification, Phase 2 Project BL202514, consisting of $371,000 from CIP Reserves - Fleet (Fund 101), $371,000 from Fleet & Equipment Services (Fund 730), $92,417 from Wastewater Replacement (Fund 622), $168,583 from Water Replacement (Fund 642), and $100,000 from Airport (Fund 600);
2 .
Awarding and authorizing the City Manager to execute a construction contract with Re-
Livermore City Council Agenda
September 28, 2026
6 Gen Electric, Inc., in the amount of $3,242,200, pursuant to Livermore Municipal Code Section 2.68.570(C);
3 .
Rejecting all other bids or proposals;
4 .
Authorizing the City Manager to approve and execute change orders up to a cumulative amount of ten percent (10%) of the construction contract value of $3,242,200; and 5 .
Authorizing the City Manager to take whatever actions are necessary and appropriate to carry out the purpose and intent of this resolution.
Staff Report
Attachments:
1. Location Map
2. Resolution
3. Exhibit A - Re-Gen Electric, Inc. Contract
6.7 Resolution accepting the Livermore Downtown, Inc. 2025-2026 Annual Report.
Recommendation:
Staff recommends the City Council adopt a resolution accepting the Livermore Downtown, Inc. 2025-2026 Annual Report.
Staff Report
Attachments:
1. FY 2025-2026 Agreement
2. Resolution
3. Exhibit A - LDI Annual Report 2025-2026
6.8 Introduction of an ordinance amending section 2.68.595 of Chapter 2.68 Contracts and
Purchasing
of the Livermore Municipal Code to clarify the City Council's delegation of authority to the City Engineer for the purposes of design immunity, in accordance with Government Code section 830.6; Adoption of a resolution confirming that since the adoption of Ordinance 2069, the City Council at all times delegated discretionary authority to the City Engineer for the purposes of design immunity under Government Code section 830.6.
Recommendation:
Staff recommends the City Council:
1) I
ntroduce an ordinance and waive the first reading amending section 2.68.595 of Chapter
2.68 Contracts and Purchasing of the Livermore Municipal Code to restore the reference to Government Code section 830.6 regarding the City Council's delegation of authority to the City Engineer for approval of plans, specifications, and designs for public works contracts. 2) Adopt a resolution clarifying that despite the omission of Government Code section 830.6 in Ordinance 2159, since the adoption of Ordinance 2069, the City Council at all times delegated authority to the City Engineer, or designee, to approve plans, specifications, and designs, consistent with the purposes of design immunity in accordance with Government Code section 830.6.
Staff Report
Attachments:
1. Amended Section 2.68.595 of Chapter 2.68
2. Ordinance
3. Resolution
Livermore City Council Agenda
September 28, 2026
7 7.
PUBLIC HEARINGS
8. MATTERS FOR CONSIDERATION
9. OPEN FORUM (AS NEEDED)
10. COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED BY CITY
MANAGER, CITY ATTORNEY, AND COUNCIL MEMBERS
11. ADJOURNMENT
To a Regular City Council meeting on Monday, October 12, 2026, at 7:00 pm, Civic Center Meeting Hall, Dr. John Shirley Council Chamber, 1016 S. Livermore Avenue and virtually using Zoom.
Livermore City Council Agenda
September 28, 2026
8 CITY COUNCIL STAFF REPORT
ITEM NO. 3.1
DATE:
September 28, 2026
TO:
Honorable Mayor and City Council
FROM:
Brandon Cardwell, Innovation and Economic Development Director SUBJECT:
Livermore Downtown Inc. annual update presented by Kara Klotchman, Executive Director.
RECOMMENDED ACTION
Staff recommends the City Council receive the annual update from Livermore Downtown Inc.
SUMMARY
DISCUSSION
ATTACHMENTS
Prepared by: Theresa de la Vega
Management Analyst II
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Dustin Claussen
Administrative Services Director
9 CITY COUNCIL STAFF REPORT
ITEM NO. 6.1
DATE:
September 28, 2026
TO:
Honorable Mayor and City Council
FROM:
Marianna A. Burch, City Manager
SUBJECT:
Approval of draft minutes - June 22, 2026 Regular Meeting.
RECOMMENDED ACTION
Staff recommends the City Council approve the draft minutes.
SUMMARY
DISCUSSION
ATTACHMENTS
1. DRAFT 2026-06-22
Prepared by: Helena Graves
Deputy City Clerk
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Dustin Claussen
Administrative Services Director
10 JUNE 22, 2026 Minutes CM/76/1
DRAFT MINUTES
CITY COUNCIL
JUNE 22, 2026
________________________________________________________________
REGULAR MEETING
1. CLOSED SESSION - NONE
2. CALL TO ORDER – The meeting of the City Council was called to order by Mayor John Marchand at 7:00 pm, held in person at 1016 S. Livermore Avenue.
ROLL CALL – Present: Mayor John Marchand, Vice Mayor Kristie Wang, Council Members, Ben Barrientos, Evan Branning and Steven Dunbar.
PLEDGE OF ALLEGIANCE
3. PROCLAMATIONS AND PRESENTATIONS
3.1 Presentation of the Alameda County Mosquito Abatement District update
Liz Martinez, MPH Community Lia ison and Eric Haas-Stapleton, PhD Laboratory Director, presented an update for the Alameda County Mosquito Abatement District.
3.2 Presentation of the Livermore Youth Council
Chair Greta Fick-Furlotte presented an update for the Livermore Youth Council.
4. ADVISORY BODY APPOINTMENTS – NONE
5. OPEN FORUM
Mayor Marchand opened the public comment period.
Connie Kopps provided a comment.
Alan Marling provided a comment.
Alice provided a comment.
There were no more speakers, and the public comment period was closed.
11 CM/76/2 Minutes JUNE 22, 2026
6. CONSENT CALENDAR
Mayor Marchand opened the public comment period.
6.4 Connie Kopps provided a comment.
There were no more speakers, and the public comment period was closed.
ON THE MOTION OF COUNCIL MEMBER BRANNING, SECONDED BY
COUNCIL MEMBER DUNBAR AND CARRIED ON A 5 -0 VOTE, THE CITY COUNCIL APPROVED THE CONSENT CALENDAR.
6.1 Approval of draft minutes – April 13, 2026 Regular Meeting.
6.2 Resolution 2026-099 authorizing execution of a first amendment to the agreement with DC Electric Group, Inc. for on call streetlight and traffic signal maintenance and repair services, increasing the total not -to-exceed amount from $700,000 to $1,500,000 and extending the term of the agreement two additional years to June 30, 2028.
6.3 Resolution 2026-100 authorizing a supplemental appropriation of County Measure BB-Local Streets and Roads (Fund 552) in the amount of $800,000 and awarding a construction contract with Bay Cities Paving & Grading, Inc., in an amount not-to-exceed $2,825,772 for the construct ion of the Slurry Seal Project SM202204.
ITEM 6.4 WAS REMOVED FROM THE AGENDA
6.4 Resolution approving the 2026 Neighborhood Traffic Calming Program and Priority List.
6.5 Resolution 2026-101 awarding and authorizing the execution of a professional services agreement with Gigantic Idea Studio, Inc. to develop and carry out professional outreach campaign services for the City of Livermore’s recycling and organics diversion outreach campaign in an amount not -to-exceed $680,000 for a 5-year term ending June 30, 2031.
6.6 Resolution 2026-102 authorizing the execution of an agreement for services with Univar Solutions USA, LLC for the supply and delivery of sodium hypochlorite 12.5% for use at the Water Reclamation Plant in an amount not -to- exceed $710,000.
6.7 Resolution 2026-103 authorizing a purchase order to Ingram Book Group LLC for purchases of library books and related materials in FY 2026 -27, in an amount not-to-exceed $240,000.
6.8 Resolution 2026-104 authorizing the execution of a First Amendment to the Standard Services Agreement 902171 between the City of Livermore and 12 JUNE 22, 2026 Minutes CM/76/3
Alameda County for the term of July 1, 2026 through June 30, 2027 with a total amount not to exceed $751,000 for Horizons Family Counseling to provide mental health related services and programs.
6.9 Resolution 2026-105 authorizing the execution of an Agreement for Services with Innovative Claim Solutions, Inc. (ICS) for administration of the City’s self-insured Workers’ Compensation program in an amount not-to-exceed $120,485 for Fiscal Year 2026 -27 and $125,305 for Fiscal Year 2027 -28 with a term ending June 30, 2028.
6.10 Resolution 2026-106 approving the updated Investment Policy and the annual delegation of investment authority to the City Treasurer.
6.11 Resolution 2026-107 amending the City of Livermore Salary Plan dated July 2026 to reflect salary increases for the Livermore Police Management Association, Livermore Management Group, Police Chief, Management Confidential, Confidential, and Retired Annuitant classifications in accordance with the California Code of Regulations, Title 2, Section 570.5.
7. PUBLIC HEARINGS
7.1 Hearing to receive and consider all evidence and reports regarding the adoption of a Master Fee Schedule.
Recommendation: Staff recommended the C ity Council adopt a resolution adopting the City's Master Fee Schedule, incorporating certain fee changes and superseding resolution 2025-102.
Finance Manager Erik Peterson presented the staff report.
Mayor Marchand opened the public hearing.
There were no speakers, and the hearing was closed.
ON THE MOTION OF COUNCIL MEMBER BARRIENTOS, SECONDED BY COUNCIL MEMBER DUNBAR, AND CARRIED ON A 5 -0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION:
Resolution 2026-108 adopting the Master Fee Schedule incorporating certain fee changes for services provided and superseding Resolution 2025-102.
7.2 Public hearing for the confirmation of the levy of assessments for the City’s Landscape Maintenance Districts for FY 2026-27.
Recommendation: Staff recommended the City Council:
13 CM/76/4 Minutes JUNE 22, 2026
1. Conduct a public hearing for the confirmation of the annual levy of assessments for the City’s Landscape Maintenance Districts for FY 2026 - 27; and
2. Upon closure of the public hearing, staff recommends the City Council adopt a resolution confirming the annual levy of assessments for the City’s Landscape Maintenance Districts and directing actions with respect thereto for FY 2026-27.
Maintenance and Golf Operations Manager Joe Prime presented the staff report.
Mayor Marchand opened the public hearing.
There were no speakers and the hearing was closed.
ON THE MOTION OF COUNCIL MEMBER DUNBAR, SECONDED BY
COUNCIL MEMBER BRANNING AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION:
Resolution 2026-109 confirming the annual levy of assessments for Landscape Maintenance Districts for Fiscal Year 2026-2027 and directing actions with respect thereto.
7.3 Hearing to approve the City's 2025 Urban Water Management Plan.
Recommendation: Staff recommended the City Council adopt a resolution:
1. Adoption of the 2025 UWMP is exempt from the California Environmental Quality Act pursuant to the Water Code.
2. Approving the 2025 UWMP.
3. Authorizing transmittal to the California Department of Water Resources.
4. Authorizing the City Manager to take appropriate and necessary actions to carry out the purpose and intent of this Resolution and to incorporate any necessary amendments as stipulated by the State Department of Water Resources.
Water Resources Technical Programs Manager Yanming Zhang presented the report.
Mayor Marchand opened the public hearing.
There were no speakers and the hearing was closed.
ON THE MOTION OF COUNCIL MEMBER DUNBAR, SECONDED BY
COUNCIL MEMBER BRANNING, AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION:
Resolution 2026-110 finding the project exempt under the California Environmental Quality Act and adopting the 2025 Urban Water Management 14 JUNE 22, 2026 Minutes CM/76/5
Plan, authorizing the transmittal to the California Department of Water Resources.
7.4 Hearing to approve the City's 2025 Water Shortage Contingency Plan.
Recommendation: Staff recommended the City Council adopt a resolution:
1. Approving the 2025 Water Shortage Contingency Plan.
2. Authorize transmittal to the California Department of Water Resources.
3. Authorize the City Manager to take appropriate and necessary actions to carry out the purpose and intent of this Resolution and to incorporate any necessary amendments as stipulated and directed by the State Department of Water Resources.
Water Resources Technical Programs Manager Yanming Zhang presented the report.
Mayor Marchand opened the public hearing.
There were no speakers and the hearing was closed.
ON THE MOTION OF COUNCIL MEMBER BARRIENTOS, SECONDED BY VICE MAYOR WANG, AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL
ADOPTED THE FOLLOWING RESOLUTIONS AND INTRODUCED THE
FOLLOWING ORDINANCES:
Resolution 2026-111 approving the 2025 Water Shortage Contingency Plan for the Livermore Municipal Water System and authorizing the transmittal to the California Department of Water Resources.
8. MATTERS FOR CONSIDERATION
8.1 Appointment of Council Members to the City Council Subcommittee on Advisory Bodies for the period of July 1 to December 31, 2026.
Recommendation: Staff recommended the Mayor appoint two Council Members to serve on the City Council Subcommittee on Advisor y Bodies for the period of July 1 to December 31, 2026, with the City Council’s approval.
Mayor Marchand opened the public comment period.
There were no speakers, and the public comment period was closed.
Mayor Marchand recommended Council Member Dunbar and Council Member Barrientos be appointed to the Subcommittee on Advisory Bodies for the period of July 1, 2026 to December 31, 2026.
ON THE MOTION OF COUNCIL MEMBER BRANNING, SECONDED BY VICE 15 CM/76/6 Minutes JUNE 22, 2026
MAYOR WANG AND CARRIED ON A 5 -0 VOTE, THE CITY COUNC IL
APPPOINTED COUNCIL MEMBER DUNBAR AND COUNCIL MEMBER
BARRIENTOS TO THE SUBCOMMITTEE ON ADVISORY BODIES FOR THE PERIOD JUY 1, 2026 TO DECEMBER 31, 2026.
9. COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED BY CITY
MANAGER, CITY ATTORNEY, STAFF AND COUNCIL MEMBERS
THE MAYOR AND CITY COUNCIL MEMBERS PROVIDED A SUMMARY OF
RECENTLY ATTENDED EVENTS AND MEETINGS IN ADDITION TO THE INFORMATION PROVIDED IN THE SUPPLEMENTAL PACKET. COUNCIL
MEMBERS WHO DID NOT PROVIDE A SUMMARY IN THE SUPPLEMENTAL PACKET ARE INCLUDED BELOW.
Livermore Amador Valley Transit Authority (LAVTA) Council Member Branning noted his attendance at the Project and Services Committee meeting on June 22, 2026.
Livermore Area Parks and Recreations District (LARPD ) Council Member Branning noted the LARPD Foundation Wine Down in the Grove Fundraiser will be held on June 26, 2026.
The City of Livermore’s 150 Anniversary Celebration Mayor Marchand invited everyone to attend the official celebration at Livermorium Plaza on June 26, 2026.
10. ADJOURNMENT – at 8:02 pm in memory of David Hurst to a Regular City Council Meeting on Monday, July 13, 2026 at 7:00 pm, Civic Center Meeting Hall, Dr. John Shirley Council Chamber, 1016 S. Livermore Avenue and virtually using Zoom.
APPROVED:
JOHN P. MARCHAND, MAYOR
ATTEST: ___
HELENA GRAVES, ACTING CITY CLERK
16 CITY COUNCIL STAFF REPORT
ITEM NO. 6.2
DATE:
September 28, 2026
TO:
Honorable Mayor and City Council
FROM:
Marianna A. Burch, City Manager
SUBJECT:
Resolution accepting the 2026 Biennial Notice and declaring intent to update the City of Livermore's Conflict of Interest Code.
RECOMMENDED ACTION
Staff recommends the City Council adopt a resolution accepting the 2026 Biennial Notice and declaring its intent to amend the City of Livermore's Conflict of Interest Code, as required by the California Political Reform Act.
SUMMARY
The City of Livermore is required to adopt a Conflict of Interest Code and review it biennially. Staff recommends the City Council adopt a resolution accepting the 2026 Biennial Notice and declaring its intent to amend the City's current Conflict of Interest Code to update the list of positions required to report financial conflicts.
DISCUSSION
The Political Reform Act requires local agencies to adopt a Conflict of Interest Code identifying the public officials, employees, and consultants who must file a Statement of Economic Interests (Form 700). The Code must include positions that make or participate in making governmental decisions that may foreseeably have a material effect on a financial interest. It also assigns disclosure categories specifying the types of financial interests that filers must report based on their decision-making authority.
The City is required to review its Conflict of Interest Code biennially and revise it as necessary to reflect additions, deletions, or other changes to designated positions. The City must also review its disclosure categories to ensure that filers are disclosing the appropriate financial information, as it relates to their public duties. The City most recently reviewed and amended its Conflict of Interest Code on September 23, 2024.
The City's current process for updating its Conflict of Interest Code requires the adoption of an ordinance, including an introductory reading, a second reading and adoption, and a 30-day waiting 17 period before the ordinance takes effect. To streamline future updates, staff is reviewing the ordinance language to include provisions that would allow the City Council to adopt subsequent amendments by resolution.
However, the Fair Political Practices Commission has established an October 1 deadline for each governing body to determine whether amendments to its Conflict of Interest Code are necessary. Staff reviewed the City’s Conflict of Interest Code and identified revisions for positions added to or removed from the City’s salary schedule.
Staff recommends that the City Council adopt a resolution declaring its intent to amend the City of Livermore’s Conflict of Interest Code, thereby satisfying the October 1 deadline. Staff will finalize the proposed amendments and revised ordinance language and present the ordinance to the City Council for its first reading in October 2026.
FISCAL AND ADMINISTRATIVE IMPACTS
None.
COMMUNITY PILLAR
5: A Community That Works
ATTACHMENTS
1. Conflict of Interest Code
2. Resolution
3. Exhibit A to Resolution: 2026 Local Agency Biennial Notice
Prepared by: Olivia Nashed
City Clerk
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Dustin Claussen
Administrative Services Director
18 Downloaded from https://ecode360.com/LI2656 on 2026-08-18 City of Livermore, CA
§ 1.28.010 § 1.28.030
CHAPTER 1.28
CONFLICT OF INTEREST CODE
§ 1.28.010. Purpose.
A. The Political Reform Act of 1974 (Cal. Gov. Code Section 81000 et seq.) (the "Act") requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adopted a regulation (2 Cal. Code of Regs. Section 18730) which contains the terms of a standard conflict of interest code. This regulation, including any future amendments made by the Fair Political Practices Commission, may be incorporated by reference into a local agency's conflict of interest code. Therefore, the terms of California Code of Regulations, Title 2, Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference.
This chapter, along with the attachments hereto, shall constitute the conflict of interest code of the City of Livermore.
B. Nothing in this chapter is intended to modify or abridge the provisions of the Act commencing with Government Code Section 87100, which is applicable to all public officials of the City of Livermore (the "City") and directs that no public official of the City shall make, participate in the making, or in any way attempt to use their official position to influence a City decision in which the official knows, or has reason to know, that he or she has a financial interest as defined by the Act.
C. This chapter intends to designate those public officials of the City who are involved in City decisions, and to require such designated officials to disclose those financial interests (using Form 700) which could foreseeably be affected, in a material manner, by a City decision made by the official in the performance of the official's responsibilities.
(Ord. 1970 § 2 (Exh. A), 2012; Ord. 2008 § 1 (Exh. A), 2014; Ord. 2065 § 1(A), 2018; Ord. 2101 § 2 (Exh. A), 2020)
§ 1.28.015. Amendment and review.
The city clerk will review the City's conflict of interest code on an annual basis and if changes are required will submit a revised code for Council approval or if no changes are necessary so notify the City Council by the applicable deadline specified in the Act. (Ord. 1970 § 2 (Exh. A), 2012; Ord. 2008 § 1 (Exh. A), 2014; Ord. 2065 § 1(A), 2018; Ord. 2101 § 2 (Exh. A), 2020)
§ 1.28.020. Definitions incorporated.
The definitions contained in the Political Reform Act of 1974, regulations of the Fair Political Practices Commission (2 Cal. Code of Regs. Section 18110 et seq.), and any amendments to the Act or regulations are incorporated by reference into this conflict of interest code.
(Ord. 1970 § 2 (Exh. A), 2012; Ord. 2008 § 1 (Exh. A), 2014; Ord. 2101 § 2 (Exh. A), 2020)
ATTACHMENT 1
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§ 1.28.030 § 1.28.070
§ 1.28.030. Place of filing.
All officials and designated employees required to submit a statement of economic interests shall file their statements with the City's filing officer. (Ord. 1970 § 2 (Exh. A), 2012; Ord. 2008 § 1 (Exh. A), 2014; Ord. 2065 § 1(A), 2018; Ord. 2101 § 2 (Exh. A), 2020)
§ 1.28.040. Filing officer.
The filing officer shall make and retain a copy of all statements filed by all officials subject to the Act, and forward the originals of such statements to the Fair Political Practices Commission. The filing officer shall retain the originals of the statements filed by all other designated employees. The filing officer will make all retained statements available for public inspection and reproduction during regular business hours. (Cal.
Gov. Code Section 81008.)
(Ord. 1970 § 2 (Exh. A), 2012; Ord. 2008 § 1 (Exh. A), 2014; Ord. 2101 § 2 (Exh. A), 2020)
§ 1.28.050. Late filings and failure to file statements.
Any violation of this code is subject to the administrative, criminal, and civil sanctions provided in the Act.
The filing officer shall impose penalties for statements of economic interests that are filed late. The fine is $10.00 per day beginning the day after the filing deadline, up to a maximum of $100.00. Late filing penalties can be reduced or waived under certain circumstances as provided in Section 91013 of the Act.
(Ord. 1970 § 2 (Exh. A), 2012; Ord. 2008 § 1 (Exh. A), 2014; Ord. 2101 § 2 (Exh. A), 2020)
§ 1.28.060. Designated positions.
The persons listed in Appendix A
1 of this chapter are designated employees. It has been determined that these persons make or participate in the making of decisions which may foreseeably have a material effect on economic interests. (Ord. 1970 § 2 (Exh. A), 2012; Ord. 2008 § 1 (Exh. A), 2014; Ord. 2101 § 2 (Exh. A), 2020)
§ 1.28.070. Disclosure categories.
A. This code does not establish any disclosure obligations for those designated employees who are also specified in Government Code Section 87200 if they are designated in this code in that same capacity or if the geographical jurisdiction of the City is the same as or is wholly included within the jurisdiction in which those persons must report their financial interests pursuant to Article 2 of Chapter 7 of the Act, Government Code Section 87200 et seq. Such persons are covered by this code for disqualification purposes only. With respect to all other designated employees,
1. Editor's Note: Appendix A is included as an attachment to this title.
ATTACHMENT 1
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§ 1.28.070 § 1.28.070
the disclosure categories set forth herein specify which kinds of economic interests are reportable. Such a designated employee shall disclose in his or her statement of economic interests those economic interests he or she has which are of the kind described in the disclosure categories to which he or she is assigned herein. It has been determined that the economic interests set forth in a designated employee's disclosure categories are the kinds of economic interests which he or she foreseeably can affect materially through the conduct of his or her office.
B. The mayor, members of the City Council and Planning Commission, the City Manager, the City Attorney, and all other City officials who manage public investments, as that term is defined by 2 California Code of Regulations Section 18701(b), are not subject to the City's code but are subject to the disclosure requirements of the Act. (Cal. Gov. Code Section 87200 et seq.). [2 Cal. Code of Regs. Section 18730(b)(3).]
C. Employees/Consultants. Consultants that are registered professional engineers or licensed land surveyors who render professional engineering or surveying services independently of City control or direction and who do not exercise City decision making authority may not be required to comply with disclosure obligations in accordance with California Government Code Section 87100.1.
1. Disclosure Category 1. All designated employees and consultants in this category shall disclose all sources of income including gifts, loans and travel payments; investments; interests in real property and any business entities in which the designated employee holds a business position. "Business position" means any business entity in which the filer is a director, officer, partner, trustee, employee or holds any management position.
2. Disclosure Category 2.
a. All designated employees and consultants in this category shall disclose all investments, business positions in business entities, and sources of income (including gifts, loans, and travel payments) if the business entity or source is in or doing business in the jurisdiction of the City and:
i. Engages in land development, construction, the provision of architectural, engineering or other services in connection with construction; the manufacture or sale of electrical, plumbing or other products used in construction; the acquisition or sale of real property or financing of land acquisition, development or construction; or ii. Provides services, supplies, materials, machinery, or equipment of any type utilized by the employee's division; or
iii. Is of the type which contracts with the designated employee's department.
b. All designated employees and consultants in this category shall disclose interests in real property located within the jurisdiction of the City.
ATTACHMENT 1
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§ 1.28.070 § 1.28.070
3. Disclosure Category 3. All designated board, committee, or commission members in this category must report all interests in real property investments, business positions in business entities, income (including gifts, loans, and travel payments) from any source in or doing business in the jurisdiction of the City which are subject to the regulation or supervision of the board/committee/ commission.
4. Section 87200 Filers. Local officials specified in California Government Code Section 87200 include the mayor, City Council members, City Manager, City Attorney, and Planning Commissioners.
(Ord. 1970 § 2 (Exh. A), 2012; Ord. 2008 § 1 (Exh. A), 2014; Ord. 2016 § 1(D), 2015; Ord. 2039 § 2(A), 2016; Ord. 2065 § 1(A), 2018; Ord. 2101 § 2 (Exh. A), 2020; Ord. 2162 § 4, 2024)
ATTACHMENT 1
22 1 RESOLUTION NO. ________
IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA
A RESOLUTION ACCEPTING THE 2026 BIENNIAL NOTICE AND
DECLARING THE CITY OF LIVERMORE’S INTENT TO AMEND ITS
CONFLICT OF INTEREST CODE AS PART OF THE BIENNUAL
REVIEW PROCESS REQUIRED BY THE CALIFORNIA POLITICAL
REFORM ACT
The Political Reform Act requires local agencies to adopt a Conflict of Interest Code and review it biennially for any necessary changes. T he Fair Political Practices Commission has e stablished an October 1 deadline for each governin g body to accept the Biennial Notice, attached hereto as Exhibit A, and determine whether amendments to its Conflict of Interest Code are necessary.
NOW, THEREFORE, B E IT RESOLVED by the City Council of th e City of Livermore, that it hereby accepts the 2026 Biennial Notice, attached hereto as Exhibit A, and declares its intent to amend the City of Livermore’s Conflict of Interest Code to reflect updates to the list of filers.
BE IT FURTHER RESOLVED , that the City’s Conflict of Interest Code will be amended through an ordinance adoption, within 90 days of the passing of this Resolution.
On motion of Council M ember ______________________, seconded by Council Member ______________________, the foregoing r esolution was passed and adopted on September 28, 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Katherine Mirassou
Olivia Nashed Katherine Mirassou
City Clerk Assistant City Attorney
Exhibit A – 2026 Biennial Notice
23 2026 Local Agency Biennial Notice
Nam
e of Agency:
Mai
ling Address:
Cont
act Person: Phone No.
Em
ail: Alternate Email:
Accur
ate disclosure is essential to monitor whether officials have conflicts of interest and to help ensure public trust in government. The biennial review examines current programs to ensure that the agency’s code includes disclosure by those agency officials who make or participate in making governmental decisions.
This agency has reviewed its conflict of interest code and has determined that (check one BOX):
An amendment is required. The following amendments are necessary:
(Check al
l that apply.)
Inc
lude new positions
Revi
se disclosure categories
Rev
ise the titles of existing positions
Del
ete titles of positions that have been abolished and/or positions that no longer make or participate in making governmental decisions
Othe
r (describe)
The code is currently under review by the code reviewing body.
No amendment is required. (If your code is over five years old, amendments may be necessary.)
Ver
ification (to be completed if no amendment is required) This agency’s code accurately designates all positions that make or participate in the making of governmental decisions. The disclosure assigned to those positions accurately requires that all investments, business positions, interests in real property, and sources of income that may foreseeably be affected materially by the decisions made by thos e holding designated positions are reported. The code includes all other provisions required by Government Code Section 87302.
__________________________________________ _________________________
Si
gnature of Chief Executive Officer Date
All agencies must complete and return this notice regardless of how recently your code was approved or amended. Please return this notice no later than October 1, 2026, or by the date specified by your agency, if earlier, to:
(PL
ACE RETURN ADDRESS OF CODE REVIEWING BODY HERE)
PLEASE DO NOT RETURN THIS FORM TO THE FPPC.
EXHIBIT A
24 CITY COUNCIL STAFF REPORT
ITEM NO. 6.3
DATE:
September 28, 2026
TO:
Honorable Mayor and City Council
FROM:
Brent Smith, Community Development Director
SUBJECT:
Resolution approving Final Tract Map 8612, and authorizing execution of a Subdivision Improvement Agreement for Shea Aura located at the southeast corner of the intersection of Portola Avenue and Isabel Avenue, and accepting on behalf of the public, all real property offered for dedication within Final Tract Map 8612 except for certain easements which the City Council reserves the right to accept at a future date.
RECOMMENDED ACTION
Staff recommends the City Council adopt a resolution:
1 .
Finding that the approval of the final map is statutorily exempt from the California Environmental Quality Act (CEQA) pursuant to Public Resources Code section 21080(b)(1), CEQA Guidelines 15268, Government Code section 65457, and CEQA Guidelines section 15182(c). 2 .
Approving and authorizing execution of the Subdivision Improvement Agreement for Final Tract Map 8612, which includes a 12-month extension (24 months in total) to complete the required improvements;
3 .
Approving Final Tract Map 8612 for recording; and
4 .
Accepting, on behalf of the public, all real property offered for dedication within Final Tract Map 8612 in conformance with the terms of the offer except for the following, which the Council rejects at this time, reserving the right to accept the offers at a future date: Public Utility Easement (PUE) and Emergency Vehicle Access Easement (EVAE).
SUMMARY
Shea Homes, Inc. (Developer) has completed Final Tract Map 8612 and a Subdivision Improvement Agreement in conformance with the conditions of approval for Vesting Tentative Tract Map (VTTM) 8612.
Final Tract Map 8612 consists of 164 residential townhomes located at the southeast corner of the intersection of Portola Avenue and Isabel Avenue, as shown on Attachment 1. The proposed Subdivision Improvement Agreement will secure the construction of the public and private improvements. Public improvements include new public sidewalk, curb, gutter, sanitary sewer, and water. Private improvements include new private commons, alleys, storm drain, sewer, water, dry utilities, lighting, landscaping, walkways, bridge, and retaining walls. Final Tract Map 8612 can now be approved. All real property offered for dedication on Final Tract Map 8612 can be accepted at this time except for the 25 following, which the Council rejects at this time, reserving the right to accept the offers at a future date:
Public Utility Easement (PUE), Emergency Vehicle Access Easement (EVAE).
DISCUSSION
On July 8, 2024, the City Council adopted Resolution No. 2024-119 and approved VTTM 8612 (SUB 21- 007) and the conditions of approval for the Shea Aura development, consisting of 164 residential townhome units in twenty-one, three-story buildings with surface parking located at the southeast corner of the intersection of Portola Avenue and Isabel Avenue, as shown in the Vicinity Map (Attachment 1).
Staff has found the Final Tract Map 8612 and improvement plans to be in substantial conformance with the conditions of approval for Vesting Tentative Tract Map 8612. The improvement plans have been approved and are on file with the City Engineer.
On July 8, 2024, the City Council adopted Resolution No. 2024-118, determining that the Shea Aura project is statutorily exempt from review under the California Environmental Quality Act (CEQA) as a project that is consistent with a specific plan for which an EIR has been certified per Government Code Section 65457 and CEQA Guidelines Section 15182(c). The approval of the final map is a ministerial act that is not subject to the requirements of CEQA. [Public Resources Code Section 21080(b)(1) and CEQA Guidelines 15268.]
On June 8, 2026, the City Council adopted Resolution No. 2026-094, which, among other things, approved Subdivision Amendment (SUBA) 26-001 for the Shea Aura Development and authorized an alternative means of compliance with the City of Livermore's Affordable Housing Ordinance.
The Developer is responsible for funding and constructing public and private improvements required for this development. The public improvements include new public sidewalk, curb, gutter, sanitary sewer, and water. The private improvements include new private commons, alleys, storm drain, sewer, water, dry utilities, lighting, landscaping, walkways, a bridge, and retaining walls, which will be privately maintained by the property owners. The proposed Subdivision Improvement Agreement will secure the construction of public and private improvements. The Developer has provided the required insurance and sureties securing the construction of improvements per the provisions of the Subdivision Improvement Agreement. The sureties are on file in the City Clerk's office. The sureties will be released once the public improvements have been completed and accepted by the City.
According to Development Code Section 10.05.090, the subdivider must complete the improvements within 12 months from the date of recording of the final map, unless an extension is granted by the City Council. The subdivider has requested a 12-month extension to complete the improvements. Staff recommends granting a 12-month extension to the subdivider, for a total of 24 months, to provide ample time to complete the improvements as required.
Final Tract Map 8612 dedicates a portion of the parcel to the City in fee as open space. Final Tract Map 8612 also includes an offer of dedication for a PUE and EVAE. Staff recommends the Council reject the PUE and EVAE, reserving the right to accept the offer at a future date after these public improvements have been completed.
FISCAL AND ADMINISTRATIVE IMPACTS
The estimated annual cost for maintenance of public infrastructure, including the sidewalks, curb, gutter, 26 sewer, and water, is $15,200. $3,560 of this cost will be funded by Wastewater (Fund 620) and $10,407 of this cost will be funded by Water (Fund 640). The remaining $1,233 of this cost will be funded by the General Fund (Fund 100) and other use taxes.
Funding for public infrastructure maintenance costs not covered by user fees is provided by the Community Facilities District (CFD) No. 2016-1, Landscape Maintenance District (LMD) No. LL-857, and CFD No. 2023-1. CFD No. 2016-1 will cover the cost of the maintenance of Sage Park, stormwater bio- retention basins and drainage facilities, open space areas, and creek corridor areas. On June 8, 2026, the City Council approved the Shea Aura project to be annexed into LMD No. LL-857. The FY 2026-27 Maximum Assessment is estimated at $688,929, an estimated average of $573 per residential unit. The City will administer LMD No. LL-857 on an annual basis and will budget for and manage the necessary maintenance, operation, and administration of median landscaping at major roads, a portion of Cayetano Park, multi-use trails, and irrigation. All related expenditures will be paid by the City with special taxes collected in LMD No. LL-857.
Funding for public infrastructure maintenance costs associated with the Isabel Neighborhood Specific Plan is provided by Community Facilities District No. 2023-1 (Isabel Neighborhood Specific Plan Services). On July 28, 2025, the City Council approved the Shea Aura project to be annexed into CFD No. 2023-1 as Tax Zone 6. The FY 2025-26 Special Tax Requirement Max Cap for Tax Zone 6 is estimated at $84,654, an average of approximately $516 per residential unit. The City will administer CFD No. 2023-1 on an annual basis and will budget for and manage the necessary maintenance, operation, and administration of public street services and neighborhood park, trail, and plaza services associated with the Isabel Neighborhood Specific Plan. All related expenditures will be paid by the City with special taxes collected in CFD No. 2023-1.
COMMUNITY PILLAR:
2: Economy That Prospers
ATTACHMENTS
1. Vicinity Map
2. Resolution
3. Exhibit A - Final Tract Map 8612
4. Exhibit B - Subdivision Improvement Agreement
Prepared by: Leo
Sum
Associate Civil Engineer.
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Dustin Claussen
Administrative Services Director
27 ³
CITY OF
Path: /Web Map
Livermore Web Map
Date: 6/29/2026
0 313157
ft
1" = 313'
28 1 RESOLUTION NO. ________
IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA
A RESOLUTION APPROVING FINAL TRACT MAP 8612, AND
AUTHORIZING EXECUTION OF A SUBDIVISION IMPROVEMENT
AGREEMENT FOR SHEA AURA LOCATED AT THE SOUTHEAST
CORNER OF THE INTERSECTION OF PORTOLA AVENUE AND
ISABEL AVENUE, AND ACCEPTING ON BEHALF OF THE PUBLIC,
ALL REAL PROPERTY OFFERED FOR DEDICATION WITHIN FINAL
TRACT MAP 8612 EXCEPT FOR CERTAIN EASEMENTS WHICH THE
CITY COUNCIL RESERVES THE RIGHT TO ACCEPT AT A FUTURE
DATE
(FINAL TRACT MAP 8612 – SHEA AURA DEVELOPMENT)
Shea Homes, Inc. (“Developer”) has presented Final Tract Map 8612 (SUB 21- 007) situated in the City of Livermore, County of Alameda, State of California, a copy of which is attached hereto as Exhibit A, in accordance with the provisions of the California Subdivision Map Act (“Act”) and the Livermore Development Code. The Developer has also presented a Subdivision Improvement Agreement, a copy of which is attached hereto as Exhibit B, providing for the improvements required as a condition of a pproval of the Final Tract Map.
The City Engineer reviewed the Final Tract Map and certified it as required by the Act and the Livermore Development Code. Additionally, the City Engineer reviewed and approved the staff report concerning the Final Tract Map and Subdivision Improvement Agreement which recommends approval.
The City Attorney has reviewed the surety provided by Shea Homes, Inc. to secure performance of the Subdivision Improvement Agreement as required by California and City law.
On July 8, 20 24, the City Council adopted Resolution No. 2024-119, which, among other things, approved Vesting Tentative Tract Map 8612 (SUB 21-007), subject to the conditions of approval . The City Council also adopted Resolution No. 202 4-118, where the City Council found that the proposed project is statutorily exempt from review under the California Environmental Quality Act ( “CEQA”) as a project that is consistent with a specific plan for which an EIR has been certified pursuant to the Government Code section 65457 and CEQA Guidelines Section 15182(c). On June 8, 2026, the City Council adopted Resolution No. 2026 -094, which, among other things, approved Subdivision Amendment (SUBA) 26-001 for the Shea Aura Development.
NOW, THEREFORE, B E IT RESOLVED by the City C ouncil of the City of Livermore, that the approval of the final map is a ministerial act and therefore statutorily exempt from the California Environmental Quality Act (“CEQA”) pursuant to Public Resources Code Section 21080(b)(1) and CEQA Guidelines Section 15268.
Additionally, the approval of the final map is statutorily exempt from CEQA because it is consistent with a specific plan for which an EIR has been certified pursuant to 29 2 RESOLUTION NO. ________
Government Code section 654 57 and CEQA Guidelines 15182(c) . Accordingly, the requirements of the California Environmental Quality Act have been satisfied.
BE IT FURTHER RESOLVED, by the City Council of the City of Livermore that:
1. Final Tract Map 8612, attached hereto as Exhibit A, is approved and all those parcels of land, easements, and other legal interests in land offered for public use are accepted in conformity with the terms of the offer, except for the following which the City Council rejects at this time, reserving the right to accept the offers at a future date subject to Government Code Sections 66477.2 and 7050:
Public Utility Easement (PUE) and Emergency Vehicle Access Easement (EVAE)
2. The Subdivision Improvement Agreement, attached hereto as Exhibit B, is approved and the Mayor is authorized to sign the Agreement on behalf of the City of Livermore.
3. It grants, pursuant to Section 10.05.090 of the Livermore Development Code, the Developer a 12 -month extension , which is reflected in the Subdivision Improvement Agreement attached hereto as Exhibit B, allowing the Developer a total of 24 months from the date of the recording of the Final Map to complete the required improvements.
4. The City Clerk is directed to execute the certificate attached to the Final Tract Map 8612 and affix the Seal of the City and to record the Fin al Tract Map 8612, and the Subdivision Improvement Agreement with the County Recorder.
On motion of Council M ember ______________________, seconded by Council Member ______________________, the foregoing r esolution was passed and adopted on September 28, 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Molly O’Toole
Olivia Nashed Molly A. O’Toole
City Clerk Assistant City Attorney
Exhibit A – Final Tract Map 8612
Exhibit B – Subdivision Improvement Agreement
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70 CITY COUNCIL STAFF REPORT
ITEM NO. 6.4
DATE:
September 28, 2026
TO:
Honorable Mayor and City Council
FROM:
Brent Smith, Community Development Director
SUBJECT:
Resolution authorizing the execution of an Affordable For-Sale Housing Agreement with Shea Homes, Inc., for a 164-unit subdivision located southwest of Portola Avenue and Tranquility Circle intersection.
RECOMMENDED ACTION
Staff recommends the City Council authorize the City Manager, or her designee, to:
1. Execute an Affordable For-Sale Housing Agreement with Shea Homes, Inc., attached hereto as Exhibit A, for a 164-unit subdivision located southwest of Portola Avenue and Tranquility Circle intersection (Vesting Tentative Tract Map 8612)
2. Take whatever actions are necessary and appropriate to carry out the purpose and intent of this resolution.
SUMMARY
On July 8, 2024, the City Council approved a 164-unit for-sale condominium project by Shea Homes located near Portola Avenue and Tranquility Circle. Under the inclusionary housing requirements in effect at the time, the project must provide 32.8 affordable units for Median- and Moderate-income households. On June 8, 2026, the City Council approved a Subdivision Amendment and Site Plan Review Modification allowing part of the Moderate-income requirement to be met through payment of in- lieu fees. Under the proposed Affordable Housing Agreement, the Developer will provide 17 affordable units on-site (nine Median-income and eight Moderate-income). This meets the minimum 10% on-site requirement for Density Bonus eligibility. The remaining 16 Moderate-income units may be satisfied through in-lieu fees.
As proposed, the Developer will pay an in-lieu fee of $158,818 per unit for eight (8) of the 16 fee-eligible Moderate-Income units, totaling $1,270,544. The remaining eight (8) units will be marketed for sale; however, if the City does not identify qualified Affordable Homeownership Program buyers within 90 days, the Developer may pay the in-lieu fee for those units.
Staff recommends approval of the agreement
because it complies with State Density Bonus Law and the City’s Affordable Housing Ordinance while 71 generating funding that the City can use to support deeper affordability in future projects, such as phase two of the Pacific Avenue Senior Apartments. The in-lieu fee will help to create Very Low- to Low-income units, advancing the City's long-term affordable housing production goals.
DISCUSSION
On July 8, 2024, the City Council approved the 164-unit for-sale residential condominium subdivision, known as “Aura”, proposed by Shea Homes, Inc. (“Developer”), located southwest of the Portola Avenue and Tranquility Circle intersection (the “Development”). The Development is subject to an affordability obligation of 32.8 units reserved for sale to Median- and Moderate-income (100% and 120% of Area Median Income) households, as it was approved under the previous Affordable (Inclusionary) Housing Ordinance requirements (Livermore Development Code Chapter 10.06.050) for residential projects within the Isabel Neighborhood Specific Plan Area (INSP). The developer proposed to round up the 0.8 fractional unit and provide 33 total affordable units on-site, thus providing 20.12% of units as affordable on-site. As part of the project’s approval, the Developer used a State Density Bonus Program incentive to waive the requirement that affordable units reflect the mix of plan types offered in the project. Under this waiver, all affordable units will be provided as “Plan One,” a three-bedroom, three-bathroom unit type.
On June 8, 2026, the City Council approved a Subdivision Amendment and Site Plan Review Modification authorizing an alternative means of compliance, allowing the Developer to satisfy a portion of the affordability requirement through an in-lieu fee rather than by constructing all required Moderate- income units on-site. The total number of units in the Development remains unchanged; however, a portion of the required Moderate-income units may instead be sold at market rate and replaced by an in- lieu fee payment. As a condition of approval, and in accordance with the City’s Affordable Housing Ordinance, the Developer must enter into an Affordable Housing Agreement to satisfy the Inclusionary Housing requirement.
To meet the affordable housing requirement, the Developer proposes to construct 17 on-site affordable units, consisting of nine (9) units priced for Median-income buyers and eight (8) units priced for Moderate-income buyers. These units meet the minimum 10% affordability threshold required to qualify for the Density Bonus incentive. The Developer proposes to satisfy the obligation for the remaining 16 Moderate-income units needed to meet the City’s inclusionary requirement through both an in-lieu fee payment, pursuant to the City’s Municipal Code Ch. 3.26, and an option for an in-lieu fee payment based on specified conditions.
Under the proposed agreement, the Developer will pay the City an in-lieu fee of $158,818 per affordable unit, totaling $1,270,544 for eight (8) units, to be collected on a pro rata basis at final inspection. For the remaining eight (8) units, if the City does not identify eligible buyers in the Affordable Homeownership Program within 90 days, the Developer may also satisfy the requirement through the in-lieu fee of $158,818, payable upon close of escrow for each unit.
The City’s affordable housing in-lieu fee methodology applicable to this project requires comparing the estimated base market-rate sales price of the new residential unit subject to the requirement with the City's affordable sales price to determine the “affordability gap” that the fee must cover. The ordinance excludes price increases due to lot premiums or upgraded amenities. The Developer submitted current sales and marketing information for similar units at their Serenity development, as required by Livermore Municipal Code 3.26 to establish an estimated market sales price for calculating affordable housing in- lieu fees. Shea recently sold two units comparable to Aura's Moderate-income units with base prices of $785,000.
The Developer reports that sales incentives averaging $36,306, such as rate buydowns and 72 closing cost assistance, are needed in the current market and function as an additional price reduction.
This has been observed in other developments to encourage sales; however, incentives are not listed in the Municipal Code as an exclusion from the calculation of base market price and have been excluded from consideration. Shea anticipates lower net sales prices in a slow market characterized by high interest rates and limited buyer demand.
Over the next two years, when Aura comes to market, conditions and buyer demand from Moderate- income households in the Affordable Homeownership Program are anticipated to remain similar. Based on this information, Staff recommends that Serenity’s current base market sale price of $785,000 is a reasonable basis for the in-lieu fee calculation. Using the current base market price ensures that the in- lieu fee reflects true market dynamics and provides a reliable, equitable basis for determining the fee alternative to providing on-site affordable units.
Staff recommends approval of the agreement because it satisfies the on-site unit requirements of the State Density Bonus Law and complies with the City’s Affordable Housing Ordinance through a partial in- lieu fee alternative. Allowing an in-lieu fee option for a portion of the units ensures that future increases in market demand for Moderate-income affordable units can be met, while also providing the Developer with a fee alternative if needed. This approach will advance the City’s affordable housing goals and provide funds to support progress toward meeting its Regional Housing Needs Allocation (RHNA) for lower-income households, including future phases of projects like the Pacific Avenue Senior Apartments.
Based on the level of City subsidy provided for Phase 1 of the Pacific Avenue Senior Apartments project (approximately $88,000 per unit), the in-lieu fee collected through this amendment could support the future development of up to approximately 29 Very Low- to Low-income units (50-80% of Area Median Income). In-lieu fees provide a strategic benefit to the City by creating a flexible funding source that can be directed toward projects in the City's affordable housing development pipeline. This approach supports deeper affordability, leverages planned projects, and advances the City’s long-term affordable housing objectives.
FISCAL AND ADMINISTRATIVE IMPACTS
If approved, the Affordable Housing Agreement will provide 17 affordable units for sale to Median- and Moderate-income homebuyers and provide an in-lieu fee equivalent for up to 16 affordable units. Upon the sale of each affordable unit, the City will hold a promissory note secured by a deed of trust for the difference between the home’s market value and its affordable price. The note requires no payments and may transfer to a new eligible buyer; however, if the home is later sold at an unrestricted market-rate price to an ineligible buyer, the City will collect the full note amount plus interest. The agreement also authorizes the City to receive a 1.5% administrative fee at closing for services to market the unit, identify, and screen an eligible homebuyer.
As an alternative to providing 16 Moderate-income for-sale units required under the project’s affordability obligations, the Developer may instead:
Pay the City an in-lieu fee for eight (8) Moderate-income units at a rate of $158,818 per unit, totaling $1,270,544. This fee will be paid on a pro rata basis at the time of final inspection for the units in the development
Provide eight (8) Moderate-income units for sale, and if an eligible buyer is not identified by the City within 90 days, the Developer may satisfy the requirement for that unit through an in-lieu fee 73 at a rate of $158,818 per unit, which would be paid upon close of escrow.
Funds will be deposited into the City's Affordable Housing Trust.
COMMUNITY PILLAR
1: A Safe Community that Thrives
ATTACHMENTS
1. Resolution
2. Exhibit A - Affordable For Sale Housing Agreement with Shea Homes, Inc. (Shea Aura)
Prepared by: Shelly Haynes
Management Analyst II
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Dustin Claussen
Administrative Services Director
74 1 RESOLUTION NO. ________
IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA
A RESOLUTION AUTHORIZING THE EXECUTION OF AN AFFORDABLE FOR SALE HOUSING AGREEMENT WITH SHEA HOMES, INC. FOR A 164-UNIT
SUBDIVISION LOCATED SOUTHWEST OF THE PORTOLA AVENUE AND
TRANQUILITY CIRCLE INTERSECTION
(Vesting Tentative Tract Map 8612 – Shea Aura Development)
On July 8, 2024, the City Council adopted Resolution No. 2024-119, which approved Vesting Tentative Tract Map 8612 – Subdivision 21-007 and Site Plan Design Review 21-006 for the Shea Aura Development (“Project”). The Project consists of 164 for-sale condominium units, thirty-three of which were designated as affordable units.
The conditions of approval require the execution of an affordable housing agreement to ensure all provisions of the City’s inclusionary housing ordinance are satisfied.
On June 8, 2026, and after a properly noticed public hearing, the City Council adopted Resolution No. 2026-094, which, among other things, approved Subdivision Amendment 26-001 and Site Plan Des ign Review Modification 26 -013 and authorized an alternative means of compliance with the City’s inclusionary housing ordinance .
Pursuant to the conditions of approval , as amended, Shea Homes, Inc. (“Develop er”) remains obligated to enter into an affordable housing agreement with the City.
The Developer now desire s to enter into the Affordable For Sale Housing Agreement, attached heret o as Exhibit A, to satisfy its affordable housing requirement.
The agreement requires: (1) the Developer to construct s eventeen on -site affordable units, nine of which will be reserved for sale at the median income price and eight of which will be reserved for sale at the moderate income price, meeting State Density Bonus req uirements; and (2) that, as an alternative means of compliance with the Developer’s obligation to construct an additional sixteen units reserved for moderate income purchasers, the Developer shall , for eight units, pay an in -lieu fee of $158,818 per unit and, for the remaining eight units, pay the same in-lieu fee only if the City is unable to provide the names of eligible purchasers , under the City’s Affordable Homeownership Program, for the units within ninety days of receipt of a potential sale notice from the Developer.
Staff recommends approval of the Affordable For Sale Housing Agreement because it complies with state and local affordable housing requirements while generating flexible funding the City can use to support deeper affordability in future projects, advancing long -term housing goals an d supporting the City's R egional Housing Needs Allocation obligations.
75 2 RESOLUTION NO. ________
NOW, THEREFORE, B E IT RESOLVED by the City Council of th e City of Livermore that it:
1. Authorizes the City Manager, or her designee, to execute an affordable for sale housing agreement with Shea Homes, Inc., attached hereto as Exhibit A, for a 164- unit subdivision located southwest of the Portola Avenue and Tranquility Circle intersection (Vesting Tentative Tract Map 8612).
2. Authorizes the City Manager, or her designee, to take wha tever actions are necessary and appropriate to carry out the purpose and intent of this resolution.
On motion of Council M ember ______________________, seconded by Council Member ______________________, the foregoing r esolution was passed and adopted on September 28, 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Molly O’Toole
Olivia Nashed Molly A. O'Toole
City Clerk Assistant City Attorney
Exhibit A – Affordable For Sale Housing Agreement with Shea Homes, Inc. (Shea Aura)
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CITY COUNCIL STAFF REPORT
ITEM NO. 6.5
DATE:
September 28, 2026
TO:
Honorable Mayor and City Council
FROM:
Brent Smith, Community Development Director
SUBJECT:
Resolution authorizing the execution of a Second Amendment to the Affordable For Sale Housing Agreement with Shea Homes, Inc., for a subdivision located in the Isabel Neighborhood Specific Plan Area, northeast of the Portola Avenue / Collier Canyon Road intersection.
RECOMMENDED ACTION
Staff recommends the City Council authorize the City Manager, or her designee, to:
1. Execute a Second Amendment to the Affordable For Sale Housing Agreement with Shea Homes, Inc., attached hereto as Exhibit A, which implements an alternative means of compliance with the City's inclusionary housing ordinance by requiring the Developer to pay an in-lieu fee, consistent with the requirements of Section 3.26.050(C) of the Livermore Municipal Code, for nine units that would have otherwise been reserved for "Moderate Income Purchasers"
2. Take whatever actions are necessary and appropriate to carry out the purpose and intent of this resolution.
SUMMARY
In July 2022, City Council approved the 89-unit residential subdivision, known as "Serenity", proposed by Shea Homes, Inc. (the "Developer"), including 18 Median (100% of Area Median-income) and Moderate- income (120% of Area Median-income) restricted affordable for-sale units. On September 25, 2023, the City Council approved an Affordable For Sale Housing Agreement with Shea Homes; however, recent market challenges have made it difficult to sell the Moderate-income units in the development. In response, on June 8, 2026, the City Council approved an amendment to the tentative map for the development, allowing a portion of the Moderate-income affordable units to be satisfied through an in- lieu fee.
Under the proposed amendment, the developer will provide nine (9) on-site affordable units (5 Median- income and 4 Moderate-income), meeting State Density Bonus requirements. The remaining nine (9) 126
Moderate-income units will be satisfied through an in-lieu fee calculated using base market prices from the Serenity "Plan 1" model. This results in a fee of $158,818 per affordable unit, totaling $1,429,362 for nine (9) units.
Staff recommends approval of the amendment because the proposal complies with state and local affordable housing requirements and generates funding that the City can use to support deeper affordability in future projects, such as phase two of the Pacific Avenue Senior Apartments. The in-lieu fee could help create new Very Low- to Low-income units, advancing the City's long-term housing goals.
DISCUSSION
On July 25, 2022, City Council approved the 89-unit for-sale, residential condominium subdivision proposed by the Developer, known as “Serenity”, located northeast of the Portola Avenue / Collier Canyon Road intersection (the “Development”) as part of the larger development under Tract Map 8613.
The Development is subject to an affordability requirement of 17.8 units for sale to Median- and Moderate-income, (defined as 100-120% of Area Median-income) first-time homebuyers. The developer proposed to round up the 0.8 fractional unit and provide 18 total affordable units on-site, thus providing
20.2% of units as affordable on-site.
On September 25, 2023, City Council approved the execution of an Affordable For Sale Housing Agreement (the “Agreement”) between the City and the Developer. On June 8, 2026, the City Council approved a Subdivision Amendment and Site Plan Review Modification authorizing an alternative means of compliance for certain Moderate-income units due to increased difficulty selling these units under current market conditions. This approval allows the Developer to satisfy a portion of the affordability requirement through an in-lieu fee rather than by constructing all required Moderate-income units on-site.
The total number of units in the Development remains unchanged; however, a portion of the originally required Moderate-income units may instead be sold at market rate and replaced by an in-lieu fee payment. The City Council directed staff to work with the developer to thoroughly assess market values and ensure that the in-lieu payment received for these units is structured to provide the greatest benefit and can be effectively leveraged for future projects.
On August 19, 2026, the City and Developer
executed First Amendment to the affordable housing agreement to change the location and description of the affordable units, as authorized pursuant to Section 4(c) and Section 14 of the affordable housing agreement.
To meet the affordable housing requirement described in this second amendment, the Developer proposes to provide nine (9) on-site affordable units, consisting of five (5) units priced for Median-income buyers and four (4) units priced for Moderate-income buyers. These units meet the minimum 10% affordability threshold required to qualify for the State Density Bonus Program. For the remaining nine (9) Moderate-income units needed to meet the City’s inclusionary requirement, the Developer proposes to satisfy the obligation through the payment of an in-lieu fee pursuant to the City’s Municipal Code Ch.
3.26. The Developer submitted current sales and marketing information for affordable unit plans at the Serenity development, as required by Livermore Municipal Code 3.26 to establish an estimated market sales price for calculating affordable housing in-lieu fees. Shea recently sold two units in the affordable plans with base prices of $785,000. The Developer reports that sales incentives averaging $36,306, such as rate buydowns and closing cost assistance, are needed in the current market and function as an additional price reduction. This has been observed in other developments to encourage sales; however, 127
incentives are not listed in the Municipal Code as an exclusion from the calculation of base market price and have been excluded from consideration.
Based on this information, Staff recommends that Serenity’s current base market sale price of $785,000 is a reasonable basis for the in-lieu fee calculation. Using the current base market price ensures that the in-lieu fee reflects true market dynamics and provides a reliable, equitable basis for determining the fee alternative to providing on-site affordable units. Under this proposed amendment, the Developer will pay the City an in-lieu fee of $158,818 per affordable unit ($785,000 market price minus the 3-bedroom Moderate-income affordable sales price of $626,182), totaling $1,429,362 for nine (9) units, to be collected on a pro rata basis at final inspection for the remaining units to be constructed in the project.
Staff recommends approval of the amendment because it satisfies the on-site unit requirements of the State Density Bonus and complies with the City’s Affordable Housing Ordinance through a partial in-lieu fee alternative. This approach will help advance the City’s affordable housing goals and support progress toward meeting its Regional Housing Needs Allocation (RHNA) for lower income households, including phase two of the Pacific Avenue Senior Apartments.
Based on the level of City subsidy provided for Phase 1 of the Pacific Senior project (approximately $88,000 per unit), the in-lieu fee collected through this amendment could support the future development of approximately 16 Very Low- to Low-income affordable units (at or below 50-80% of Area Median- income). Collecting this in-lieu fee provides a strategic benefit to the City by creating a flexible funding source that can be directed toward upcoming Very Low-income housing initiatives already in the development pipeline. This approach supports deeper affordability, leverages planned projects, and advances the City’s long-term affordable housing objectives.
FISCAL AND ADMINISTRATIVE IMPACTS
If approved, this amendment will provide 9 affordable units for sale to Median- and Moderate-income homebuyers and allow the Developer to pay an in-lieu fee equivalent to 9 affordable units. According to the terms of the previously approved agreement, upon the sale of each affordable unit, the City will hold a promissory note secured by a deed of trust for the difference between the home’s market value and its affordable price. The note requires no payments and may transfer to a new eligible buyer; however, if the home is later sold at an unrestricted market-rate price to an ineligible buyer, the City will collect the full note amount plus interest. The agreement also authorizes the City to receive a 1.5% administrative fee at closing for services to market the unit, identify, and screen an eligible homebuyer.
As an alternative to constructing the nine (9) Moderate-income, for-sale units required under the project’s affordability obligations, the Developer will instead pay the City an in-lieu fee totaling $1,429,362. This fee will be paid on a pro rata basis at the time of final inspection for each of the remaining units in the development. Funds will be deposited into the City’s Affordable Housing Trust.
COMMUNITY PILLAR
1: A Safe Community that Thrives
ATTACHMENTS
1. Resolution
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2. Exhibit A - Second Amendment to Affordable For Sale Housing Agreement with Shea Homes, Inc. (Shea Portola Project/Shea Serenity)
Prepared by: Shelly Haynes
Management Analyst II
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Dustin Claussen
Administrative Services Director
129
1 RESOLUTION NO. ________
IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA
A RESOLUTION AUTHORIZING THE EXECUTION OF A SECOND AMENDMENT TO THE AFFORDABLE FOR SALE HOUSING AGREEMENT WITH SHEA HOMES, INC.
FOR A SUBDIVISION LOCATED IN THE ISABEL NEIGHBORHOOD SPECIFIC
PLAN AREA, NORTHEAST OF THE PORTOLA AVENUE/COLLIER CANYON ROAD
INTERSECTION
(Final Tract Map 8613 – Shea Portola Project/Shea Serenity)
On July 25, 2022, the City Council adopted Resolution No. 2022-137 which, among other things, approved Vesting Tentative Trac t Map 8613 for the Shea Portola Project, also known as Shea Serenity (“Project”). The Project consists of eighty-nine for- sale condominium units , eighteen of which were designated as affordable units . The conditions of approval required the execution of an affordable housing agreement to ensure all provisions of the City’s inclusionary housing ordinance are satisfied.
On September 25, 2023, the City Council adopted Resolution No. 2023 -162, authorizing the execution of a n affordable housing agreement betw een the City of Livermore and Shea Homes, Inc. (“Developer”). The affordable housing agreement was executed by the City Manager on September 26, 2023 and recorded under Series No. 2023112087, dated September 29, 2023, Official Records of Alameda County, California.
Due to increased difficulty selling certain moder ate-income affordable units, the Developer applied for Subdivision Amendment (SUBA) 26 -002 and Site Plan Design Review Modification (SPDRM) 26-014 to authorize an alternative means of compliance with the City’s inclusionary housing ordinance. On June 8, 2026, and after a properly noticed public hearing, the City Council adopted Resolution No. 2026-095, which , among other things, authorize d an alternative means of compliance with the City’s inclusionary housing ordinance. Pursuant to the conditions of approval, as amended by Resolution No. 2026-095, the Developer is required to enter into an amended affordable housing agreement to i mplement an alternative means of compliance with the City’s inclusionary housing ordinance.
On August 17, 2026, and while the City and Developer were negotiating an amendment to the affordable housing agreem ent to implement an alternative means of compliance with the City’s affordable housing requirement , the City and Developer executed a minor, first amendment to the affordable housing agreement to provide for a change to the location and description of the affordable units , as authorized pursuant to Section 4(c) and Section 14 of the affordable housing agreement . The first amendment was recorded under Series No. 2026106743 dated August 19, 2026, Official Records of Alameda County.
The City and Developer now desire to enter into the proposed Second Amendment to Affordable For Sale Housing Agreement, attached hereto as Exhibit A, to implement an alternative means of compliance with the City’s affordable housing 130
2 RESOLUTION NO. ________
requirement. In particular, the second amendment provides that: (1) the Developer will construct nine on -site affordable units , five of which will be reserved f or sale at the median income price and four of which will be reserved for sale at the moderate income price, meeting State Density Bonus requirements ; and (2) that, as an alternative means of compliance with the Developer’s oblig ation to construct an addit ional nine units reserved for moderate income purchasers, the Developer shall pay an in-lieu fee that complies with Section 3.26.050(C) of the Livermore Municipal Code.
Staff recommends approval of the Second Amendment to Affordable For Sale Housing Agreement because the amendment complies with state and local affordable housing requirements while also generating flexible funding that the City can use to support deeper affordability in future projects , advancing long-term housing goals and supporting the City's Regional Housing Needs Allocation obligations.
NOW, THEREFORE, B E IT RESOLVED by the City Council of th e City of Livermore, that it:
1. Authorizes the City Manager, or her designee, to e xecute a second amendment to the a ffordable housing agreement with Shea Homes, Inc. , attached hereto as Exhibit A, which implements an alternative means of compliance with the City’s inclusionary housing ordinance by requiring the Developer to pay a n in-lieu fee, consistent with the requirements of Section 3.26.050(C) of the Livermore Municipal Code, for nine units that would have otherwise been reserved for moderate income purchasers.
2. Authorizes the City Manager, or her designee, to take whatever actions are necessary and appropriate to carry out the purpose and intent of this resolution.
On motion of Council M ember ______________________, seconded by Council Member ______________________, the foregoing r esolution was passed and adopted on September 28, 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Molly A. O’Toole
Olivia Nashed Molly A. O'Toole
City Clerk Assistant City Attorney
Exhibit A – Second Amendment to Affordable For Sale Hous ing Agreement with Shea Homes, Inc. (Shea Portola Project/Shea Serenity)
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CITY COUNCIL STAFF REPORT
ITEM NO. 6.6
DATE:
September 28, 2026
TO:
Honorable Mayor and City Council
FROM:
Brent Smith, Community Development Director
SUBJECT:
Resolution authorizing supplemental appropriations totaling $1,103,000 and awarding a construction contract to Re-Gen Electric, Inc., in the amount of $3,242,200, for the City Fleet Electrification, Phase 2 Project BL202514
RECOMMENDED ACTION
Staff recommends the City Council adopt a resolution for the City Fleet Electrification, Phase 2 Project BL202514:
1 .
Authorizing supplemental appropriations totaling $1,103,000 to the budget for the City Fleet Electrification, Phase 2 Project BL202514, consisting of $371,000 from CIP Reserves - Fleet (Fund 101), $371,000 from Fleet & Equipment Services (Fund 730), $92,417 from Wastewater Replacement (Fund 622), $168,583 from Water Replacement (Fund 642), and $100,000 from Airport (Fund 600);
2 .
Awarding and authorizing the City Manager to execute a construction contract with Re-Gen Electric, Inc., in the amount of $3,242,200, pursuant to Livermore Municipal Code Section
2.68.570(C);
3 .
Rejecting all other bids or proposals;
4 .
Authorizing the City Manager to approve and execute change orders up to a cumulative amount of ten percent (10%) of the construction contract value of $3,242,200; and 5 .
Authorizing the City Manager to take whatever actions are necessary and appropriate to carry out the purpose and intent of this resolution.
SUMMARY
The City Fleet Electrification, Phase 2 Project BL202514 (Project) provides for the installation of 96 Level 2 charging ports and 4 DC fast chargers at City Hall, the Police Department, the Maintenance Service Center, the Water Reclamation Plant, and the Livermore Municipal Airport, together with the associated electrical distribution, underground, civil, and ADA improvements required to serve them. Attachment 1 shows the distribution of these charging ports at the different facilities.
On June 9, 2025, the City Council adopted a resolution authorizing execution of an agreement with the 140
California Energy Commission (CEC) for the Charging Infrastructure for Government Fleets program (Grant GFO-23-606, Agreement ARV-24-017), securing $1,600,000 to install 100 electric vehicle charging ports at 5 City facilities.
On August 11, 2026, 9 bids were received for the Project. A timely bid protest was received from Bockmon & Woody Electric Co., Inc., the 5th lowest bidder, challenging the responsiveness of 4 other bidders, including the apparent lowest bidder, Re-Gen Electric, Inc. After a detailed review in coordination with the City Attorney’s Office, staff determined that Re-Gen Electric, Inc.’s bid proposal is responsive. Staff recommends the City Council award and authorize the City Manager to execute a construction contract with Re-Gen Electric, Inc., the lowest responsive and responsible bidder, pursuant to Livermore Municipal Code Section 2.68.570(C), in the amount of $3,242,200. Staff also recommends the City Council authorize a supplemental appropriation of $1,103,000 to the FY 2026-27 budget for the Project.
DISCUSSION
In April 2024, the City applied for the California Energy Commission Charging Infrastructure for Government Fleets grant solicitation (GFO-23-606), a competitive solicitation funding electric vehicle charging infrastructure for light-duty government fleets. The CEC notified the City that its application was selected for funding on September 18, 2024, and approved the grant agreement at its Business Meeting on May 8, 2025. On June 9, 2025, City Council authorized the City Manager to execute the agreement, which secures $1,600,000 toward the installation of 100 electric vehicle charging ports at 5 City facilities.
The Project supports the City’s Climate Action Plan and greenhouse gas reduction goals by expanding charging capacity to support the continued transition of the municipal fleet from internal combustion vehicles to zero-emission alternatives. The scope of work includes installation of 96 ChargePoint CP6000 Level 2 charging ports and 4 Kempower 150 kW DC fast chargers; electrical distribution equipment, switchgear, panelboards, conductors, and underground ductbank; concrete equipment foundations; sidewalk, concrete pad, and ADA improvements; asphalt and pavement restoration including Type II micro-surfacing; signing and striping; fencing; and commissioning, testing, startup, and closeout documentation.
In addition to the work under the construction contract, Pacific Gas and Electric Company (PG&E) will design, furnish, and install the To-the-Meter electrical infrastructure required to serve the new charging equipment at City Hall, the Maintenance Service Center, and the Police Department. This work is provided and funded by PG&E under its Rule 29 program, valued at approximately $1,153,000, and its EV Fleet program, valued at approximately $950,000. These improvements are not included in the construction contract or the Project budget and are performed at no capital cost to the City. A separate item will be presented at a future meeting requesting authorization to grant PG&E the permanent easements necessary for it to construct, operate, and maintain those facilities.
City Council approved the design agreement with Blair, Church & Flynn on September 8, 2025. The design was completed in May 2026. On March 23, 2026, the City Council adopted a resolution authorizing sole sourcing of the ChargePoint CP6000 Level 2 charging stations and the Kempower 150 kW DC fast chargers specified for the Project.
Staff advertised the Project on July 1, 2026. On August 11, 2026, the City received 9 bids for the Project.
Following is a list of the bids received and the Engineer’s Estimate for the Project:
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City Fleet Electrification, Phase 2 Project BL202514 Bids Contractor Name
City
Base Bid
Re-Gen Electric, Inc.
Fresno, CA
$3,242,200
Stronger Building Services
San Leandro, CA
$3,266,000
Aram Electric, Inc.
San Leandro, CA
$3,926,700
InCharge Energy, Inc.
Santa Monica, CA
$4,362,350
Bockmon & Woody Electric Co.,
Inc.
Stockton, CA
$4,364,000
SCC Electric, Inc.
Novato, CA
$4,384,252
Booth Electric
Petaluma, CA
$4,497,000
Tennison Electric LLC
Livermore, CA
$4,614,110
Ample Electric
Sacramento, CA
$4,979,865
Engineer's Estimate
$3,000,000
The City acknowledged receipt of a timely bid protest from Bockmon & Woody Electric Co., Inc. (Bockmon & Woody), dated August 13, 2026, and a timely protest response from Re-Gen Electric, Inc., dated August 14, 2026. The protest challenged the responsiveness of 4 bidders, including Re-Gen Electric, Inc. Because the City intends to award the contract to Re-Gen Electric, Inc., the grounds asserted against the other 3 bidders would not affect the award. Staff conducted a detailed review of the individual bid proposals and the bid protest letters. As a result of this review, staff deemed Re-Gen Electric, Inc.’s bid proposal to be responsive based on the following reasons:
1 .
The protest asserted that Re-Gen Electric, Inc., altered Bid Schedule Line Item No. 1 and left Line Item No. 11 blank. Correction of these entries is governed by Section 11.1 of the Instructions to Bidders. The cumulative corrections total $155,000, or 5.02% of the Base Bid as submitted.
Section 11.2 of the Instructions to Bidders provides that where cumulative corrections change the base bid by more than five percent, the City may consider the bid non-responsive. The provision is permissive and does not require rejection. The corrections restore 2 amounts the City itself established and fixed on the Bid Schedule form; they involve no exercise of bidder pricing judgment and no ambiguity requiring staff to interpret the bid. The irregularity confers no competitive advantage, does not prejudice any other bidder, and does not affect the competitive bidding process. The City therefore retains discretion to waive it as immaterial. California courts have consistently held that substantial compliance with bid requirements is sufficient where the purpose of the requirement is met and no competitive advantage results. Accordingly, staff deems this bid irregularity to be immaterial, in accordance with Section 19 of the Instructions to Bidders. 2 .
The protest also asserted that Re-Gen Electric, Inc.'s Bidder's Questionnaire reads as a conditioned bid rather than as the information requested. Staff reviewed the Questionnaire and found all sections complete. The Questionnaire supplies the information the form requests and contains no condition, limitation, or provision qualifying the bid, the Base Bid amount, or the obligation to perform the Work. The protest identifies no specific Questionnaire language said to constitute a condition, and no supporting documentation accompanied this ground.
Staff determined that the bid irregularity identified above can be waived as inconsequential and that Re- Gen Electric, Inc.’s bid proposal is responsive. On August 19, 2026, the City issued a written response to Bockmon & Woody Electric Co., Inc., denying the protest as to the grounds asserted against Re-Gen Electric, Inc.
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Re-Gen Electric, Inc., has completed solar, electrical service, and underground electrical distribution projects for public agencies and commercial clients throughout California. Staff contacted references included in Re-Gen Electric, Inc.'s bid and received satisfactory endorsements.
In accordance with Livermore Municipal Code Section 2.68.590(B), a cumulative change order authorization of 10% of the contract value is allowed.
Construction is anticipated to begin in October 2026. Staff will coordinate with the affected City departments at each of the 5 facilities and provide advance notification of parking restrictions, work areas, and construction schedules.
FISCAL AND ADMINISTRATIVE IMPACTS
The City Fleet Electrification, Phase 2 Project BL202514 is included in the FY 2025-30 Capital Improvement Plan. The Project currently has a total budget of $3,360,000. Funding is from the CEC Grant, CIP Reserves - Fleet, Fleet & Equipment Services, and Wastewater Replacement. The original budget was prepared before completion of the Project design and was based on conceptual charger quantities and preliminary unit costs.
The current total cost estimate for the Project is $4,463,000. This amount covers the $3,242,200 construction contract with Re-Gen Electric, Inc., a $324,220 construction change order contingency, and all other associated design, construction management, inspection, materials testing, project management, and administrative costs. In addition to the $4,463,000 City Project cost, PG&E is funding the To-the-Meter electrical infrastructure required to serve the new charging equipment at City Hall, the Maintenance Service Center, and the Police Department. The total estimated value of this work is $2,103,000. Therefore, the total cost of the City and PG&E project work is $6,566,000, of which the CEC Grant and PG&E funds cover $3,703,000 (56%), and City funds cover the remaining $2,863,000 (44%).
Supplemental appropriations totaling $1,103,000 are required to increase the current budget of $3,360,000 to $4,463,000 and fully fund the Project.
To align Project costs with the City funds and facilities benefiting from the improvements, the following appropriations need to be made to the Project budget:
Fund 101, CIP Reserves – Fleet, add $371,000
Fund 730, Fleet & Equipment Services, add $371,000
Fund 622, Wastewater Replacement, add $92,417
Fund 642, Water Replacement, add $168,583
Fund 600, Airport, add $100,000
The California Energy Commission has approved $1,600,000 in grant funding for the Project through the Charging Infrastructure for Government Fleets program. Eligible Project costs will be submitted for reimbursement in accordance with the grant agreement.
The Project will not increase operational and maintenance (O&M) costs during the first 5 years because network service fees and preventive maintenance are included in the construction contract. Ongoing O&M costs following this 5-year period will be incorporated into future operating budgets. 143
COMMUNITY PILLAR
3: Environmental Stewardship
ATTACHMENTS
1. Location Map
2. Resolution
3. Exhibit A - Re-Gen Electric, Inc. Contract
Prepared by: Farnoush Levers
Assistant City Engineer
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Dustin Claussen
Administrative Services Director
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1 RESOLUTION NO. ________
IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA
A RESOLUTION AUTHORIZING SUPPLEMENTAL APPROPRIATIONS
TOTALING $1,103,000 AND AWARDING A CONSTRUCTION
CONTRACT TO RE-GEN ELECTRIC, INC., IN THE AMOUNT OF
$3,242,200 FOR THE CITY FLEET ELECTRIFICATION, PHASE 2
PROJECT BL202514
The City Fleet Electrification, Phase 2 Project ("Project") provides for the installation of 100 electric vehicle charging ports in City parking lots at City Hall, the Water Reclamation Plant, the Maintenance Service Center , the Police Department, and the Airport. The planned installation includes 96 Level 2 chargers and four DC fast chargers.
In addition to supporting electrical infrastructure, minor parking layout modifications are also anticipated.
The Project supports the City’s Climate Action Plan and greenhouse gas reduction goals by expanding charging capacity for the continued transition of the municipal fleet from internal combustion vehicles to zero-emission alternatives.
On June 9, 2025, the City Council adopte d a resolution authorizing execution of an agreement with the California Energy Commission for the Charging Infrastructure for Government Fleets program (Grant GFO -23-606, Agreement ARV -24-017), securing $1,600,000 toward the Project. On March 23, 2026, the City Council adopted a resolution authorizing sole sourcing of the ChargePoint CP6000 Level 2 charging stations and the Kempower 150 kW DC fast chargers specified for the Project.
On August 11, 2026, nine bids were opened for construction of the Projec t. A timely bid protest was received from Bockmon & Woody Electric Co., Inc. challenging the responsiveness of four bidders, including the apparent low bidder, Re-Gen Electric, Inc.
Following a detailed review by staff , in coordination with the City Attorn ey’s Office, staff determined that Re-Gen Electric, Inc.’s bid proposal is responsive, and the City denied the protest by letter dated August 19, 2026.
Staff recommends awarding a construction contract to Re -Gen Electric, Inc., the lowest responsible and responsive bidder for the Project, and authorizing the City Manager to sign the agreement.
Supplemental appropriation s in the amount of $1,103,000 are required to fully fund this construction contract, change order allowance, inspection, and project management.
146
2 RESOLUTION NO. ________
NOW, THEREFORE, B E IT RESOLVED by the City Council of th e City of Livermore, that it hereby:
1. Authorizes supplemental appropriations totaling $1,103,000 to the budget for the City Fleet Electrification, Phase 2 Project BL202514, consisting of $371,000 from CIP Reserves – Fleet (Fund 101) , $371,000 from Fleet & Equipment Services (Fund 730), $92,417 from Wastewater Replacement (Fund 622), $168,583 from Water Replacement (Fund 642), and $100,000 from Airport (Fund 600);
2. Awards and authorizes the City Manager to execute a construction contract to Re- Gen Electric, Inc., in an amount not -to-exceed $3,242,200 for City Fleet Electrification, Phase 2 Project BL202514 , attached hereto as Exhibit A and incorporated by this reference , pursuant to Livermore Municipal Code Section
2.68.570(C);
3. Rejects all other bids or proposals;
4. Authorizes the City Manager to approve and execute change orders up to a cumulative amount of ten percent (10%) of the construction contract value of $3,242,200; and
5. Authorizes the City Manager to take whatever actions are necessary and appropriate to carry out the purpose and intent of this resolution.
On motion of Council M ember ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on September 28, 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Tara Mazzanti
Olivia Nashed Tara Mazzanti
City Clerk Senior Assistant City Attorney
Exhibit A – Re-Gen Electric, Inc. Contract
147
EXHIBIT A
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EXHIBIT A
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EXHIBIT A
150
EXHIBIT A
151
EXHIBIT A
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CITY COUNCIL STAFF REPORT
ITEM NO. 6.7
DATE:
September 28, 2026
TO:
Honorable Mayor and City Council
FROM:
Brandon Cardwell, Innovation and Economic Development Director SUBJECT:
Resolution accepting the Livermore Downtown, Inc. 2025-2026 Annual Report.
RECOMMENDED ACTION
Staff recommends the City Council adopt a resolution accepting the Livermore Downtown, Inc. 2025- 2026 Annual Report.
SUMMARY
The City's agreement with Livermore Downtown, Inc. (LDI) dated December 29, 2025, requires LDI to provide an annual report outlining the organization's accomplishments during the previous year and describing its goals for the coming year. Staff recommends the City Council accept the Livermore Downtown Inc. 2025-2026 Annual Report.
DISCUSSION
Since 1986, the City of Livermore (City), and for a time, the former Redevelopment Agency, has provided annual grant funding to Livermore Downtown Inc. (LDI) as part of a common mission to enhance economic growth, assist downtown businesses, and generally promote the Downtown. Typically, the funding amount is $90,000 for each fiscal year.
On November 24, 2025, Council approved the FY 2025-2026 Grant Agreement (Agreement) that specifies activities LDI will perform in exchange for City funding (Attachment 1). The Agreement further requires LDI to deliver an Annual Report, specifying the activities, events, and services provided to the City and Downtown merchants in the previous fiscal year.
LDI submitted to the City its 2025-2026 Annual Report. In addition to the requirements of the Agreement, the Annual Report also outlines LDI's accomplishments and describes the organization's goals for the coming year. Staff has found that LDI's activities for FY 2025-2026 met the requirements of the Agreement.
Typically, the City provides grant funding near the beginning of the Fiscal Year, and LDI reports on its annual activities after the Fiscal Year has ended. City staff have traditionally provided the report to the 153
City Council for awareness.
FISCAL AND ADMINISTRATIVE IMPACTS
The City Council previously appropriated and the City previously expended $90,000 from the General Fund (IEDD Budget) under LDI's Fiscal Year 2025-2026 Grant Agreement. There are no additional fiscal or administrative impacts for accepting the Annual Report.
COMMUNITY PILLAR
2: Economy that prospers
ATTACHMENTS
1. FY 2025-2026 Agreement
2. Resolution
3. Exhibit A - LDI Annual Report 2025-2026
Prepared by: Theresa de la Vega
Management Analyst II
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Dustin Claussen
Administrative Services Director
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G
rant Agreement Page 1 of 4
Rev. 3/2023
GRANT AGREEMENT BETWEEN CITY OF LIVERMORE
AND
LIVERMORE DOWNTOWN, INC.
FOR FISCAL YEAR 2025-26
T
HIS AGREEMENT, entered into this ______ day of ______________________, 2025 between the City of Livermore, a municipal corporation (“City”), and Livermore Downtown, Inc., a California non-profit corporation (“Grantee”).
RECITALS
A. The City is entering into a grant agreement with Grantee for fiscal year 2025-2026.
B. The Grantee’s mission is to advocate for the downtown business community by promoting economic growth, preserving our heritage, attracting tourism and fostering an environment where families want to live, work and play.
C. The City has determined that the goals and activities of the Grantee are consistent with the Marketing and Economic Development goals of the City and therefore should be supported through the proposed grant of $90,000.00 for the length of this agreement, which will enhance and support the City’s marketing and economic development efforts, including identifying the City as an underwriter of the Grantee’s work.
AGREEMENT
NOW THEREFORE, the parties agree that the above recitals are true and correct and further agree as follows:
1. Grant Activities. Grantee is responsible for its continuing operations. As part of its continuing operations, Grantee will app ly the Grant funds to activi ties that prom ote proactive communication between downtown businesses and the City, encourage increased visitation to downtown, support small business growth within downtown, and similar activities as outlined in Exhibit “A” (“Grant Activities”).
2. Grant Amount. The City will issue, and Grantee will use, funds in the amount of $90,000.00 (the “Grant Funds”) to perform the activities consistent with the terms and conditions of this Grant Agreement. City will provide the Grant Funds to Grantee within 30 days of the date on which this Agreement is executed by both the City and Grantee.
3. Time for Performance. Grantee shall complete its Grant Activities prior to June 30, 2026.
4. Recognition of City Grant Funds. Grantee shall acknowledge City’s award of Grant Funds in all appropriate materials and media. The acknowledgment shall read, “Underwritten in part from the City of Livermore” or similar language, unless the City is a part of a list of other .#31)'--4%+./%
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ATTACHMENT 1
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G
rant Agreement Page 2 of 4
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underwriters, in which case the City may be acknowledged as, “City of Livermore” Grantee shall display the City’s logo whenever logos are displayed, and in accordance with the City logo use guidelines, which are included as Exhibit “C” to this Grant Agreement.
5. Independent Contractor. Nothing contained in this Grant Agreement is intended to, nor shall be construed in any manner to, create or establish the relationship of employer/employee between the City and Grantee. The City shall have no role in approving, planning, sanctioning, authorizing or controlling the Grant Activities or any activity Grantee undertakes. Grantee shall at all times remain an independent contractor with respect to the services funded by this Grant Agreement. City shall be exempt from payment of all unemployment compensation, FICA, retirement, life and/or medical insurance, and Workers' Compensation Insurance stemming from any of Grantee’s work, as Grantee is an independent contractor.
6. Annual Report. Grantee shall prepare an annual written report and submit to the City's Project Manager, Brandon Cardwell, no later than July 5, 2026. The annual report must identify the Grant Activities completed and in process, the Grant Funds spent to date, and the anticipated costs for completing the outstanding Grant Activities.
7. Documentation and Recordkeeping
(a) Grantee shall maintain records providing a full description of each such Grant Activity and the date(s) on which the activity occurred. (b) Grantee shall retain all records pertinent to expenditures incurred in the performance of the Grant Activities under this Grant Agreement and expenditure of Grant Funds for a period of two (2) years after the end of any activity funded pursuant to this Grant Agreement.
8. Suspension, Termination, Return of Funds
(a) City may suspend or terminate this Grant Agreement if Grantee materially fails to comply with any term or condition of this Agreement, including but not limited to, the following:
(1) failure, for any reason, of Grantee to fulfill in a timely and proper manner its obligations under this Agreement; or (2) ineffective or improper use of the Grant Funds provided under this Agreement.
(b) The City’s notice of termination for cause must be provided in writing at least ten (10) calendar days before the effective date of termination. (c) In the event the City terminates this Grant Agreement for cause, Grantee shall return all of the Grant Funds awarded which shall be submitted to the City’s General Fund for reallocation.
9. Hold Harmless. Grantee agrees to defend, indemnify, and hold City, elected officials, officers, directors, employees, agents, and designated volunteers harmless from and against any and all loss, liability, damage, including reasonable attorney’s and expert fees and/or court costs, arising out of the performance of the Grant Activities under this Grant Agreement, except for the gross negligence and willful misconduct of City, its elected officials, officers, directors, employees, agents, and designated volunteers.
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rant Agreement Page 3 of 4
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10. Insurance. Grantee shall procure and maintain insurance during the term of this Grant Agreement in the amounts and under the terms set forth in Exhibit “B” attached hereto against all claims that may arise from or in connection with this Grant Agreement. Upon reasonable written notice, Grantee shall comply with any changes in the amounts and terms of insurance as may be required from time-to-time by the City’s Risk Manager.
11. Amendment. Any modification to this Agreement must be in writing and signed by both parties. In the event the original of this Agreement is lost or destroyed, an archival copy maintained by City can be used in place of the original for all purposes with the same effect as if it was the original.
12. Notices. Any notice required or permitted under the terms of this Agreement shall be effective upon receipt in writing either by personal service upon the authorized agent for the party, or by mailing the notice via U.S. Mail to the party as follows:
TO CITY: City of Livermore
Attn: Brandon Cardwell
Director of Innovation and Economic Development
1052 S. Livermore Avenue
Livermore, California 94550
TO GRANTEE: Livermore Downtown, Inc.
Attn: Kara Klotchman
Executive Director
2155 Third Street
Livermore, CA 94550
13. Waiver. Failure to insist upon the strict performance of any term or conditions in this Grant Agreement, no matter how long the failure continues, is not a waiver of the term or condition and does not bar the right to subsequently demand strict performance. To be effective, a waiver must be in writing and signed by the non-breaching party.
14. Severability. If a court of competent jurisdiction determines a provision in this Grant Agreement is invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force and effect without being impaired in any way.
15. Counterparts. This Grant Agreement may be executed in counterpart by delivering a facsimile or secure electronic copy of the signed agreement to the other party, followed by delivery of the original documents bearing the original signatures. Failure to deliver the original documents does not affect the enforceability of this Agreement. *************************************************************************************************** Signatures and Attachment List on the Next Page
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G
rant Agreement Page 4 of 4
Rev. 3/2023
In concurrence and witness whereof, and in re cognition of the mutual consideration provided therefore, the parties have executed this Grant Agreement, effective on the date first written above.
GRANTEE: Dated:
Livermore Downtown, Inc.
____________________________ ___________________________ Kara Klotchman
Executive Director
CITY OF LIVERMORE: Dated:
____________________________ ____________________________ Marianna A. Burch
City Manager
APPROVED AS TO FORM:
___________________________
Tara Mazzanti
Acting City Attorney
Attachments:
Exhibit A – Grant Activities
Exhibit B – Insurance Requirements
Exhibit C – City Logo Use Guidelines
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,"%0!2&)%+$
)1*!-!'%,%-2-!+512
6
ATTACHMENT 1
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Economic Vitality
1) Identify and engage with specific support organizations for all downtown industries to increase their support systems available (ie. Fitness, Health and Beauty, Retail Shops). 2) Actively recruit business investment and activation strategies for City owned historic properties in downtown Livermore.
3) Develop and Market Business Retention a nd Recruitment Programs, including tracking of potential and new downtown businesses.
4) Work with businesses on permitting and compliance issues. 5) Provide ongoing tenant and property ow ner outreach and interaction to inform businesses of City plans, processes and protocols.
6) Maintain Downtown Property Owner and Tenant Roster.
7) Host Monthly meetings with downtown businesses, property owners and City Staff to maintain clear communication on construction impacts, parking and public space use. 8) Communicate to the public updates on key Downtown revitalization projects. 9) Work with the City of Livermore to educate the downtown businesses on the City’s Climate Action Plan, inviting businesses to actively participate and implement sustainable business practices where applicable.
Design
1) Interface with City Code Enforcement a nd business owners regarding possible nuisances and zoning code violations.
2) Provide input and direction on downtown Bike Corrals, Public Art and Wayfinding Signage.
3) Activate the Lot on First with co mmunity and business-supporting uses. 4) Assist in efforts regarding homeless impacts and solutions.
Promotion
1) Expand on Livermore Valley Tourism effort s and programs to expand on destination marketing and hospitality support, as well as arts promotion. 2) Manage and promote the year-round Sunday and seasonal Thursday Farmer’s Market 3) Produce and implement downtown tradition and new events incl uding but not limited to Halloween Hay Day, Witches Night Out, Earlier Than the Bird, Holiday Sights and Sounds Parade, Livermore Half Marathon and Livermore Downtown Street Fest. 4) Manage Downtown kiosks.
Exhibit A
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5) Promote the Downtown District of Livermore to, among others, the Tri-Valley, Regional and State level organizations and potential tourism outlets. 6) Work collaboratively with local and regional organizations, including Livermore Valley Chamber of Commerce, Livermore Cultural Arts Council, Livermore Valley Winegrowers, Livermore Labs, Visit Tri-Valley, and private organizations such as local makers markets. 7) Act as liaison to external organizations in the downtown industry such as California Main Street, the California Downtown Association, the National Main Street Center, California Association of Festival Producers, Visit California, Responsible Hospitality Institute and the California Restaurant Association.
8) Manage and expand the Livermore Valley Made Initiative. 9) Manage a broad selection of Social Medi a platforms with well populated content and community interest, maintaining our position as a top Livermore Valley influencer.
Exhibit A
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Revised 7/10/24 B1- GL_AL_WC
EXHIBIT B
INSURANCE REQUIREMENTS
Minimum Scope and Limits of Insurance
Grantee shall maintain limits no less than:
1. Commercial General Liability, in cluding 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.
3. Workers’ Compensation and Employer's Liability:
Statutory limits as required by the State of California including $1,000,000 Employers’ Liability per accident, per employee for bodily injury or disease. A waiver of subrogation is required for Workers’ Compensation insurance. If Grantee is a sole proprietor, then they must sign “Contractor Release of Liability”.
Deductibles and Self-Insured Retention
All self-insured retentions (SIR) must be disclosed to Risk Management for approval and shall not reduce the limits of liability. Policies containing any self-insured retention (SIR) provision shall provide, or be endorsed to provide, that the SIR may be satisfied by either the named insured or the City of Livermore. The City of Livermore reserves the right to obtain a full certified copy of any insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of no less than A:
VII and accepted to do business in the State of California, unless otherwise acceptable to the City of Livermore.
Other Insurance Provisions
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 Grantee; or automobiles owned, leased, hired or borrowed by the Grantee. 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 .#31)'--4%+./%
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insured coverage under the Grantee’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 Grantee’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. Livermore Avenue, Livermore, CA 94550 Verification of Coverage
Grantee 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.
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BRAND
GUIDELINES
INTRODUCTION.................................2
LOGO USAGE......................................3
TYPOGRAPHY .....................................8
COLOR................................................9
&YIJCJU$
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2 Brand Guidelines City of Livermore
INTRODUCTION
As a unique community amongst over 400 California cities, the brand for the City of Livermore is critical—it builds recognition and trust, and it’s a reflection of our spirit. Livermore has a rich history and a dynamic future—we honor both past and future by putting forth a consistent, engaging appearance for our communications and media. We are stewards of the Livermore brand. To make our communications strategy effective, we need our materials to express Livermore’s core values:
RICH HISTORY ROOTED
IN WESTERN HERITAGE
CONNECTION TO
THE LAND THROUGH
VITICULTURE AND OPEN
SPACE PRESERVATION
EDUCATED AND
FORWARD-THINKING
COMMUNITY
EXEMPLIFIED BY SCIENCE
AND TECHNOLOGY
SHARING OF THE
HUMAN SPIRIT
THROUGH ARTS AND
CULTURE
By communicating these values clearly and consistently, Livermore will benefit from a unique identity that resonates with residents, businesses, neighbors and visitors from near and far.
BRAND INTEGRITY
The way we communicate through visual, digital and
written communications helps strengthen our connection
with residents as well as the wider world. These Brand
Guidelines are an important tool to ensure that a
consistent tone, look and feel are conveyed. Ultimately, this means that the City’s messaging will be more effective.
Ultimately, it is people that maintain
and protect the City’s brand, so
please join in the effort to uphold
these guidelines. With everything the
City of Livermore has to offer, each
day is another chance to share that
“There’s More Here.”
SUB-BRANDING
Sub-branding is the creation of visuals and materials that are unique to a given department, event or initiative, not fully reflecting the overall City brand appearance. For instance, the Livermore Police Department sub-brand.
Sub-branding must be in alignment with the City’s overall brand. Such sub-branding may be requested for projects, events, committees or other special uses. Contact the
Public Information Officer for any requests or questions regarding sub-branding.
If you have any questions, please
reach out to the Public Information
Officer by contacting the City:
925-960-4000
[email protected]
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3 Brand Guidelines City of Livermore
LOGO USAGE
Standard Version
The logo is comprised
of these four parts.
The logo is comprised of four parts: the capital letters “CITY OF”, “LIVERMORE”, “CALIFORNIA” and a graphic grape leaf. The type is a customized combination of display caps and ITC Legacy Sans Serif fonts; the blue color telegraphs stability, trust and accessibility. The stylized leaf, illustrated in an earthy olive green, symbolizes the growth and vitality that lives throughout the City. The logo is incomplete if any of these elements are deleted.
Other Logo Configurations
There are cases in which other configurations are permitted. Specific guidance is provided later in these Guidelines. * Limited-use logos are for specific audiences or design considerations. The Public Information Officer (PIO) can advise. ** Depar
tment/division logos are available through the PIO. New logos should not be generated without approval.
Reach the Public Information Officer by contacting the City: 925-960-4000 / [email protected] CASUAL
Livermore
STANDARD
City of Livermore
CASUAL
Livermore
Stacked
STANDARD VERTICAL
City of Livermore
Stacked
STANDARD STACKED
City of Livermore
Stacked
LIMITED USE: SLOGAN*
Livermore
Tagline
CUSTOMIZABLE**
City of Livermore
Departments
LIMITED USE*
Livermore
Arched
LIMITED USE*
City of Livermore
Arched
GRAPHIC ASSET
Leaf or Leaf Circle
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4 Brand Guidelines City of Livermore
Logo Coloring
The logo colors are periwinkle blue
and olive green. The logo should be
used in color whenever possible. Never
alter colors or tints of the logo.
The medium for reproducing the logo
(print vs. digital) determines which
colors are specified. The printing
process uses Pantone inks or 4-color
process inks. Digital/web colors are
based on RGB colors. The colors are
shown to the right.
The color logo should be featured
on a white background whenever
possible to promote readability. This
uncluttered look contributes to the
specialness of the logo.
BLUE
PANTONE: 100% PMS 5275
4-C PROCESS: 70% cyan, 62% magenta, 27% yellow, 6% black RGB: 96 red, 100 green, 137 blue / HEX: #606489
GREEN
PANTONE: 100% PMS 5845
4-C PROCESS: 35% cyan, 22% magenta, 76% yellow, 1% black RGB: 174 red, 175 green, 95 blue / HEX: #aeaf5f
BLACK
PANTONE: 100% black
4-C PROCESS: 100% black
RGB: 51 red
, 51 green, 51 blue / HEX: #050606
GRAY
PANTONE: 50% black
4-C PROCESS: 50% black
RGB: 153 red, 153 green, 153 blue / HEX: #90
BACKGROUND CONTRAST
Contrast is an important part of visual accessibility. Depending on the background, a solid black logo or solid white logo is sometimes necessary. For dark backgrounds, use a white logo. For light backgrounds in which the blue/green logo does not have enough contrast, use a black logo. Consider avoiding complicated background photos. If necessary, underlay the logo with opaque box to increase contrast. When in doubt, err on the side of increasing contrast.
Low Contrast Contrast
Pro tip: for non-decorative elements, like text or information, foreground color should be roughly 4.5X brighter or darker than the background color to satisfy industry minimum WCAG AA recommendation. 7X brighter satisfies full AAA recommendation. Smaller text requires more contrast. There are numerous online tools to assist in measuring contrast. .#31)'--4%+./%
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5 Brand Guidelines City of Livermore
Logo Integrity
Maintain the type font, size and spacing between the logo elements: text, icon and tagline. These elements should not be recolored or repositioned in any way other than specified in this guide.
MINIMUM SIZE
Size matters and using the logo too
small compromises its integrity.
Note the minimum width shown here
for using the logos and icons at their
smallest permissible sizes.
1 -1/2in 3/8in
PROTECTIVE AREA AROUND THE LOGO
A generous protective space around the logo is an
essential element of the logo’s design and success.
Never place another logo, type or graphic element
in this clearspace. Do not place the logo on any
complicated or photographic background.
The protective clearspace around the logo is
determined by the height of the capital letter
“L” as noted with an “x.” This clearspace is
required for all logo versions.
VERTICALLY CENTERING THE LOGO
Note that the high visual “center of gravity”
for the non-tagline logo. For cases where
the non-tagline logo is vertically centered in
space, note that the center line should fall in
the vertical middle of the “LIVERMORE” text.
Same holds true for all logos.
Vertically center on “Livermore” text.
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6 Brand Guidelines City of Livermore
Alternate Logo Configurations
TAGLINE Includes “There’s More Here” marketing text.
The tagline acts as a marketing message and should be used discriminately when that message is relevant. This language r
eflects the opportunity for discovery and potential
that awaits those unaware of or misguided in their impression of exploring the City.
FOR CONSISTENCY, THE TAGLINE SHOULD NEVER BE CHANGED TO A DIFFERENT MESSAGE.
ARCHED
For very limited uses, an arched version is possible,
but not encouraged. Please contact the Public
Information Officer for permission.
DEPARTMENTS
A customized logo is available for use by departments/divisions. Please contact the Public Information Officer for permission or to be provided a special departmental logo.
NEW DEPARTMENT LOGOS TO BE CREATED ONLY WITH PIO PERMISSION.
ICON OPTIONS Can be used decoratively, or as a stand-alone icon, and can use any brand coloring.
ICONS CAN BE USED IN ADDITION TO, NOT INSTEAD OF, AN ACTUAL LIVERMORE LOGO.
STANDARD
Used for standard Livermore branding.
Unless there is a specific reason to use an alternate
configuration, it’s best to use standard logo. Certain
designs may work better with the stacked logo.
CASUAL
“City of” text not included.
Used in special cases where a casual tone is
permitted, or where a simpler logo is necessary.
Also exists on some older materials.
STANDARD
STANDARD VERTICAL STANDARD STACKED
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7 Brand Guidelines City of Livermore
Incorrect Logo use
Using the logo correctly as outlined in this guide ensures the strength of the logo and ultimately better represents the City of Livermore. There are many ways to misuse the logo and a few common examples are shown on this page. Do not rotate.
Do not add special effects.
Do not change colors.
Do not distort.
Do not use low-contrast.
There’s more here .
LIVERMOREO
Californi a
City of
Do not change fonts.
Do not resize or move elements.
a
Do not use too small.
Do not crowd.
DO
contact the Public Information Officer with any questions:
925-960-4000 / communications@LivermoreCA. gov
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8 Brand Guidelines City of Livermore
TYPOGRAPHY
Brand Fonts
MOST COMMONLY USED FOR PROFESSIONAL PRINTING. The City uses two fonts: Goudy, a serif font, and the ITC Legacy Sans sans-serif font family. These fonts support the overall identity and should be used whenever possible. Goudy is good for headers and special text sections, not for body text; do not use an italicized or bolded version. ITC Legacy Sans offers several weights, good for overall usage. Both font families may be used on the same piece of communication.
GOUDY
AaBbCcDdEeFfGgHhIiJjKkLlMmNnOoPpQqRrSsTtUuVvWwXxYyZz
Goudy: Regular (only) ... ALLCAPS permitted
ITC Legacy Sans
AaBbCcDdEeFfGgHhIiJjKkLlMmNnOoPpQqRrSsTtUuVvWwXxYyZz
Legacy Sans: Book AaBbCcDdEeFfGgHhIiJjKkLlMmNnOoPpQqRrSsTtUuVvWwXxYyZz Legacy Sans: Book Italic AaBbCcDdEeFfGgHhIiJjKkLlMmNnOoPpQqRrSsTtUuVvWwXxYyZz Legacy Sans: Medium AaBbCcDdEeFfGgHhIiJjKkLlMmNnOoPpQqRrSsTtUuVvWwXxYyZz Legacy Sans: Medium Italic AaBbCcDdEeFfGgHhIiJjKkLlMmNnOoPpQqRrSsTtUuVvWwXxYyZz Legacy Sans: Bold AaBbCcDdEeFfGgHhIiJjKkLlMmNnOoPpQqRrSsTtUuVvWwXxYyZz
FONT ALTERNATES
MICROSOFT OFFICE ALTERNATES: below are the alternates to use in Microsoft Office when the main brand fonts are unavailable. These are very common default fonts installed with most Microsoft applications and are good for documents that are being shared across multiple systems.
Microsoft Office alternate to Goudy: Times New Roman
AaBbCcDdEeFfGgHhIiJjKkLlMmNnOoPpQqRrSsTtUuVvWwXxYyZz
Microsoft Office alternate to ITC Legacy Sans: Calibri
AaBbCcDdEeFfGgHhIiJjKkLlMmNnOoPpQqRrSsTtUuVvWwXxYyZz
FREE GOOGLE FONTS: below are the alternates to use when the above brand fonts are unavailable.
Some apps and online platforms, like Google Docs or Canva, are limited to Google fonts.
Google alternate to Goudy: Libre Baskerville
AaBbCcDdEeFfGgHhIiJjKkLlMmNnOoPpQqRrSsTtUuVvWwXxYyZz
Google alternate to ITC Legacy Sans: Nunito Sans
AaBbCcDdEeFfGgHhIiJjKkLlMmNnOoPpQqRrSsTtUuVvWwXxYyZz
.#31)'--4%+./%
ATTACHMENT 1
170
9 Brand Guidelines City of Livermore
COLOR
The primary Blue and Green signify the City’s brand. They are the dominant colors and should be used in everything that represents the City. The secondary color palette provides the ancillary coloring that all together create the City’s identifiable look and feel. The secondary colors are used in addition to the primary Blue and Green, not instead of them.
The grays and neutrals identified here provide additional design flexibility. Extra colors are provided to use sparingly, when the existing brand colors simply aren’t enough (e.g. as an accent when a strong highlight is needed, or when a whole spectrum is required).
Blue
Light Dark
Middle Tint
Light Dark
Middle Tint
Green
Sage
Secondary Brand Colors
Primary Brand Colors
Light Dark
Middle Tint
Grays
Extra Colors
Neutrals
Light Gray Black
Middle Gray
Dark
Gray
Red Orange Yellow Azure
Blue Neutral
Sage Neutral
Green Neutral
Gray Neutral
Additional colors can be sparingly used
when a strong accent color is necessary,
or if a spectrum of colors is required.
AccentBrand Spectrum
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ATTACHMENT 1
171
10 Brand Guidelines City of Livermore
Color Detail
The brand colors are defined here, for several different formats. Digital/web colors are based on RGB or Hex colors. The printing process uses Pantone inks or CMYK (4-color process) inks. PMS code ‘C’ indicates an ink used for coated (glossy) paper and ‘U’ indicates is used for non-coated finishes.
WEBSITE COLORS HEX R G B
Blue Dark Q #4F4174 79 65 116
Green Q #A5A837 165 168 55
Sage Dark Q #6D8877 109 136 119
Blue Lt Q #E2E8F1 226 232 241
Gray Dk Q #435148 67 81 72
Gray Mid Q #6B737D 107 115 125
FULL CITY BRAND COLORS
PRIMARY PROMINENCE HEX R G B C M Y K PANTONE C PANTONE U Blue QQQQQQQ #606489 96 100 137 70 62 27 6 5275 C 5275 U Green QQQQQQQ #A5A837 165 168 55 35 22 76 0 5845 C 5845 U
SECONDARY
Sage QQQQQ #8CAEA2 140 174 162 48 20 38 0 5565 C 5565 U Sage Dark QQQ #6D8877 109 136 119 60 33 55 8 n/a n/a
Sage Mid QQQ #ABC1B9 171 193 185 34 14 27 0 50% 50%
Sage Lt QQQ #C2D1CA 194 209 202 24 10 19 0 15% 15%
BLUE SHADE & TINTS
Blue Dark QQQ #4F4174 79 65 116 79 83 27 12 n/a n/a
Blue Mid QQQ #9194B6 145 148 182 46 39 13 0 50% 50%
Blue Lt QQQ #E2E8F1 226 232 241 10 6 2 0 15% 15%
GREEN SHADE & TINTS
Green Dark QQQ #8B8F36 139 143 54 48 31 100 8 n/a n/a
Green Mid QQQ #C9
CA87 201 202 135 23 12 57 0 50% 50%
Green Lt QQQ #E4E5C3
228 229 195 11 4 27 0 15% 15%
Note: website colors are a
subset of the Full City Brand
Colors selected for online
appearance and contrast.
.#31)'--4%+./%
ATTACHMENT 1
172
11 Brand Guidelines City of Livermore
FULL CITY BRAND COLORS (continued)
EXTRA COLORS FOR ACCENT OR FLEXIBILITY
Red QQ #B7LF3C 182 31 59 20 100 77 10 1945 C 1935 U
Red Dk Q #
990D31 153 13 49 12 100 69 23 n/a n/a
Red Mid Q #D48A83 212 138 131 10 50 39 5 50% 50%
Red Lt Q #F0CFC9 240 207 201 4 20 15 0 15% 15%
Orange QQ #
F47721 244 119 33 4 54 100 0 152 C 152 U
Or
ange Dk Q #D6782A 214 120 42 15 63 100 0 n/a n/a
Orange Mid Q #
FCC288 252 194 136 0 27 50 0 50% 50%
Orange Lt Q #
FFE4CA 255 228 202 0 11 20 0 15% 15%
Yellow QQ #
FBB416 251 180 22 0 32 100 0 130 C 130 U
Y
ellow Dk Q #C37FL3 195 127 19 7 45 100 30 n/a n/a
Yellow Mid Q #
FFCE7B 255 206 123 0 20 60 0 50% 50%
Yellow Lt Q #
FFEFCF 255 239 207 0 5 20 0 15% 15%
Azure QQ #
4D8BBE 77 139 190 71 37 7 0 285 C 285 U
Azur
e Dk Q #4377BB 67 119 187 77 51 0 0 n/a n/a
Azure Mid Q #
80A5CE 128 165 206 50 26 5 0 50% 50%
Azure Lt Q #
B5C6DC 181 198 220 28 15 5 0 15% 15%
BLACKS, GRAYS & NEUTRALS HEX R G B C M Y K PANTONE C PANTONE U Black QQQQQQ #333333 51 51 51 0 0 0 100 PMS Black PMS Black Superblack QQQQQQ #
000000 0 0 0 60 30 30 100 n/a n/a
Gray Dk QQQQ #435148 67 81 72 70 51 64 38 80% 80%
Gray Mid QQQQ #6B737D 107 115 125 61 48 40 11 60% 60%
Gray Lt QQQQ #
EOEODD 224 224 221 7 5 7 4 8% 8%
Gray Neutr
al #F3F3F3 243 243 243 0 0 0 5 5% 5%
Blue Neutral #F1F3F8 241 243 248 7 5 7 4 10% 10%
Green Neutral #F1F2E1 241 242 225 0 0 4 4 10% 10%
Sage Neutral #E0E8E5 224 232 229 n/a 8% 8%
.#31)'--4%+./%
ATTACHMENT 1
173
1 RESOLUTION NO. _______
IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA
A RESOLUTION ACCEPTING THE LIVERMORE DOWNTOWN, INC.
2025-2026 ANNUAL REPORT
Since 1986, the City of Livermore (“City”), and for a time, the former Redevelopment Agency, has provided annual grant funding to Livermore Downtown, Inc. (“LDI”) as part of a common mission to enhance economic growth, assist downtown businesses, and promote Downtown and the City of Livermore.
The City’s agreement with LDI for grant funds for the 2025-2026 fiscal year, dated December 29, 2025, requires LDI to submit to the City a copy of the Livermore Downtown, Inc. 2025-2026 Annual Report. The 2025-2026 Annual Report has been submitted and is attached hereto as Exhibit A.
The report details the events and services provided to the City and Downtown merchants pursuant to the terms of the agreement covering the fiscal year period from July 1, 2025 to June 30, 2026. LDI’s 2025-2026 Annual Report also shows that the goals and activities of LDI are consistent with the Marketing and Economic Development goals of the City.
NOW, THEREFORE, BE IT RESOLVED by the City Council of th e City of Livermore, that it hereby accepts the Livermore Downtown, Inc. 2025-2026 Annual Report, attached hereto as Exhibit A.
On motion of Council M ember ______________________, seconded by Council Member ______________________, the foregoing r esolution was passed and adopted on September 28, 2026 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Katherine Mirassou
Olivia Nashed Katherine Mirassou
City Clerk Assistant City Attorney
Exhibit A – Livermore Downtown Inc. 2025-2026 Annual Report
174
2025-2026
Annual
REPORT
PREPARED BY
KARA KLOTCHMAN
EXECUTIVE DIRECTOR
www.livermoredowntown.com
925-583-5242
[email protected]
EXHIBIT A
175
To: Br andon Cardwell
Innovation and Economic Development Director
From: Kara Klotchman
LDI Executive Director
It is our pleasure to present the 2025/2026 Annual Report in fulfillment of our City of Livermore Annual Grant Partnership.
Throughout the past fiscal year, Livermore Downtown Inc. (LDI) continued to strengthen Downtown Livermore by producing many of the community's signature events while introducing three new experiences that brought visitors downtown, supported local businesses, and fostered community connections. These events remain among the busiest sales days of the year for many downtown merchants.
LDI remained committed to supporting a healthy downtown economy through business advocacy, collaboration, and communication. We worked alongside business owners, City staff, elected officials, and community partners to encourage responsible growth, provide resources, and keep stakeholders informed as downtown continues to evolve.
We are proud to maintain our designation as a Certified and Accredited National Main Street Program, made possible through the dedication of our Board of Directors, committee members, volunteers, and downtown businesses.
We sincerely appreciate the continued support of the City of Livermore, our partners, sponsors, volunteers, and community. Together, we are ensuring Downtown Livermore remains a vibrant destination to live, work, shop, dine, and visit. We look forward to another successful year of partnership in 2026/2027.
Kara Klotchman
Executive Director, Livermore Downtown, Inc.
2025/2026 Annual Report
Executive Summary
2 EXHIBIT A
176
This year was one of growth, collaboration, and strategic improvements for Livermore Downtown Inc. Beyond producing successful community events, LDI focused on strengthening business support, enhancing operations, and building new partnerships that will benefit Downtown Livermore for years to come.
Organizational & Operational Improvements
Successfully revamped the Downtown Partners Program, including the addition of the new Livermore Made Makers partnership category.
Transitioned all event applications, registrations, and partner management into Eventeny, creating one streamlined platform.
Brought on a new accountant and completed a comprehensive QuickBooks cleanup and financial reorganization.
Established structured program committees and conducted Board training and strategic planning sessions.
Continued monthly Main Street America check-ins to strengthen accreditation and organizational best practices.
Business Advocacy & Collaboration
Initiated monthly construction meetings with the City of Livermore's Economic Development team.
Presented at the Downtown Real Estate Meeting and Business Alliance Meeting.
Implemented a new Block Captain Program to improve communication with downtown businesses.
Participated on the Livermore Vision Zero Action Plan Stakeholder Committee.
Provided review and feedback on the City's Temporary Sign Ordinance.
Conducted a Downtown Parking Review and Business Survey with City to identify parking challenges and opportunities.
2025/2026 Livermore Downtown Inc. Highlights
3 EXHIBIT A
177
Events & Marketing
Introduced three new community events while continuing to grow attendance and engagement at signature downtown events.
Refreshed event branding with new graphics and marketing materials.
Revitalized the Thursday Farmers Market to align with downtown business needs and feedback.
Enhanced Witches Night Out with a new Costume Contest and The Lot Pop-Up Experience.
Secured a significant increase in Holiday Sights & Sounds Parade sponsorship support.
Featured on TV30 promoting both Summer and Holiday downtown activities.
Established new marketing partnerships with Your Town Monthly and collaborated with Livermore Vally Winegrowers Association and Supervisor Haubert on Cork & Fork promotional wine and restaurant initiatives.
Partnered with Main Street Designs on a successful See's Candies Fundraiser.
Strengthening Downtown
Through strategic partnerships, improved communication, enhanced operations, and continued advocacy, Livermore Downtown Inc. strengthened its role as the organization dedicated to supporting a vibrant, welcoming, and economically successful Downtown Livermore.
2025 Visitors 2024 Visitors YoY Change YoY % Change
2025/2026 Livermore Downtown Inc.
Highlights Continued
4 1 ,278,045 1,248,889 29,156 2.30%
Livermore Downtown Main Street District Visitors
*information provided by Main Street America and Placer.ai
EXHIBIT A
178
Table of Contents
5 About Livermore Downtown Inc.
6 A Roadmap to Revitalization
10 Economic Vitality
15 Design
18 Organization
28 Promotion
41 Future Focus
41 Contact Us
5 EXHIBIT A
179
6 About Livermore Downtown Inc.
Vision
Mission
Livermore Downtown Inc. (LDI) is a 501(c)3 Non-Profit, dedicated to the economic health and vitality of downtown Livermore. LDI is a certified and accredited National Main Street Program and 2009 Great American Main Street Award recipient. LDI is dedicated to focusing on the National Main Street’s Four Point Approach to Downtown Revitalization.
LDI supports both the City of Livermore and local businesses by maintaining an up-to-date roster of downtown property owners and tenants, conducting ongoing outreach, and fostering strong relationships within the community. LDI assists businesses with permitting and compliance matters, acting as a key liaison between downtown businesses and city departments and leadership.
In partnership with the City, LDI helps identify design features and activate public spaces and programs essential to the vitality of both Downtown Livermore and the city as a whole.
LDI also organizes monthly outreach meetings and collaborates with local partners to launch new communication initiatives addressing important issues such as homelessness, Alcoholic Beverage Control (ABC) regulations, and the City’s Climate Action Plan.
Livermore Downtown Inc. is committed to keeping the heart of Livermore strong so the entire community can thrive.
Through partnerships, Livermore Downtown Inc. advocates for our downtown business community, by promoting economic growth, preserving our heritage, attracting tourism and fostering an environment where families want to live, work and play.
EXHIBIT A
180
7 A Roadmap to Revitalization
California Main Street communities use the Main Street Approach to guide their revitalization efforts. The Main Street Approach is a comprehensive framework that helps communities identify their assets and competitive advantage, and build from those strengths. The Main Street Approach helps communities get started with revitalization, and grows with them over time.
The Main Street Approach is centered around Transformation Strategies. A Transformation Strategy articulates a focused, deliberate path to revitalizing or strengthening a downtown or commercial district’s economy.
A program’s work on Transformation Strategies should be organized around the Four Points: Economic Vitality, Design, Promotion, and Organization.
A revitalization program’s work – and its Transformation Strategies – need to be informed by a solid understanding of local and regional market data, and sustained and inclusive community engagement.
Transformation Strategies – generated through
meaningful community engagement and informed by
an analysis of the district’s market position — help to guide a revitalization program’s work. An effective
Transformation Strategy serves a particular customer
segment, responds to an underserved market
demand, or creates a differentiated destination.
Economic
Vitality
Design
Organization
Promotion
EXHIBIT A
181
8 Economic
Vitality
Design
Organization
Promotion
Transformation Strategies
Implemented through comprehensive work in four broad areas, known as the Four Points.
Economic Vitality focuses on capital, incentives, and other economic and financial tools to assist new and existing businesses, catalyze property development, and create a supportive environment for entrepreneurs and innovators that drive local economies.
Design supports a community’s transformation by enhancing the physical and visual assets that set the commercial district apart.
Promotion positions the downtown or commercial district as the center of the community and hub of economic activity, while creating a positive image that showcases a community’s
unique characteristics.
Organization involves creating a strong foundation for a sustainable revitalization effort, including cultivating partnerships, community involvement, and resources for the district. Ensuring partners, funding, volunteers etc. are mobilized for the success of the program.
EXHIBIT A
182
9 Economic
Vitality
Design
Organization
Promotion
EXHIBIT A
183
Economic
Vitality
10 Block
Captains
Business
Inventory
Business
Communications
Economic
Vitality
Economic Vitality
The Lot on
First Street
Business
Feedback
Surveys &
Meetings
National &
California
Main Street
Resources
EXHIBIT A
184
11 Economic
Vitality
Economic Vitality
Businesses Inventory
Total Jobs Gained
94 56
38 16
14 2
Businesses Gained
Businesses Lost
Net Businesses
Gained
Total Jobs Lost
Net Jobs Gained
2025/2026 Business Retention – Business gained increased from the previous year, with a net business gained of two over 2024/2025., signaling growth in new business.
Additionally, the net number of jobs created rose by 27, indicating continued economic growth and stronger workforce retention in the downtown area. *see next page for detaild businesses open and closed
EXHIBIT A
185
12 Economic
Vitality
2025/2026 Businesses Opened & Closed
EXHIBIT A
186
13 J Block
Redesign
Climate
Action Plan
Economic Vitality
Economic
Vitality
Main Street America & California Main Street
Business Communications
The Lot on First St.
Business Feedback Surveys & Meetings
Block Captains
FREE business workshops, grant opportunities and Small Business Hub, a new virtual platform for small business owners and entrepreneurs to learn, connect, and grow together presented by the National Main Street Association. Monthly CAMSA Check-ins with all California Main Street Dierectors.
Livermore Downtown Inc. (LDI) serves as a key liaison between downtown businesses and city departments, assisting with permitting, regulatory compliance, and other operational challenges. In addition, LDI communicates regulary with community stakeholders like the Chamber of Commerce and Winegrowers Association on business updates and collaboration opportunities.
Livermore Downtown Inc. (LDI) conducts multiple business surveys and meetings throughout the year to assess satisfaction, gather feedback, and ensure our services remain relevant and valuable to the downtown business community.
Livermore Downtown Inc. new Economic Vitality and
Design Committee created a Block Captain program
that divided the downtown core into sections and
assigned a LDI board member to each. section.
*continued on page 14
Livermore Downtown Inc. (LDI ) staff worked closely with City staff to coordinate usage and ensure proper permitting/usage. Additionally, LDI utilizes the Lot as an extension of its programming—hosting pop-ups, promotional activities, and other events to enhance downtown engagement.
EXHIBIT A
187
14 Economic Vitality
Economic
Vitality
Block Captains Continued
Three goals for block captains:
1) Inform about program and happenings downtown.
Downtown event details, programs, special meetings, construction/project updates, important information on current issues.
2) Recruit partners
Utilize talking points, highlight benefits, give brochure and follow-up. 3) Connect create a web of business community, get them involved. :
Share and receive contact information in whatever format works best and find out who is the best contact.
Touch base quarterly.
Follow social media platforms for businesses in your territory.
When out and about, take photos/video of content to send to for LDI social media.
Find out what their needs are and make sure aware/utilizing all LDI perks.
EXHIBIT A
188
Design
Construction
Meetings
15 Design
Livermore
Vision Zero
Action Plan
Temporary Sign
Ordinance
Review
Parking
Garage &
Blacksmith
Square
Expansion
Parking
Review
Resurfacing
Project
First St.
From
M to O
Neighborhood
Preservation
Design
EXHIBIT A
189
16 Design
Design
Monthly Construction Meetings
Parking Garage and
Blacksmith Square Expansion
Parking Review
Livermore Downtown Inc. (LDI) continued to host monthly construction meetings (quarterly starting April 2026) to keep downtown merchants informed about ongoing projects. These meetings include representatives from the City of Livermore and key partners such as Maroon Bear, Comcast, AT&T, PG&E, California Water Service, and others.
Merchants are encouraged to ask questions and share feedback, helping to build strong working relationships and collaboratively address potential construction-related impacts.
LDI also educates businesses on city plans and processes, serving as a vital communication bridge between the City and the downtown business community.
Meeting recordings are shared with all downtown businesses, and LDI sends regular email and text updates about construction activities and disruptions such as street closures. This proactive communication helps ensure transparency, minimize disruptions, and strengthen community engagement.
Livermore Downtown Inc. (LDI) maintains ongoing collaboration with the City and project managers, offering consistent feedback, facilitating communication, and helping to mitigate potential impacts on the downtown community. Parking Garage completed December 2025 and Blacksmith Square partillay compleate and final projected end of summer 2026.
Livermore Downtown Inc. collaborated with City of
Livermore staff to evaluate and update downtown
parking spaces, adding handicap spaces, short term
parking and updating parking limits in designated areas.
Plans were proposed to businesses through survey to
receive feedback.
EXHIBIT A
190
17 Design
Neighborhood Preservation
Resurfacing Project: First Street From M to O
Temporary Sign Ordinance Review
Livermore Vision Zero Action Plan
Livermore Downtown Inc. (LDI) regularly collaborates with the downtown code enforcement officer to educate businesses on city policies, including outdoor dining and signage regulations. LDI advocates for businesses while supporting the City in promoting compliance and fairness.
Livermore Downtown Inc. (LDI) Executive Director part of temporary sign ordinance review committee with City staff. Met with and reviewed current policies and recommendations for updates and issues in downtown core and City of Livermore.
Livermore Downtown Inc. (LDI) Executive Director part of City of Livermore Vision Zero Action Plan Stakeholder
Feedback Committee meetings. Evaluated and provided
feedback on strategy to eliminate all traffic fatalities and severe injuries while increasing safe, healthy, and
equitable mobility for all
Livermore Downtown Inc. (LDI) hosted a business and City staff meeting for the coming soon Resurfacing Project on First Street from M to O. Presentation was given on plans and business impact. Businesses and LDI provided feedback on the plans. Minor design updates have already been iupdated in the plans from feedback including addition of gazebos in some of the bulb out areas to bring First Street core design elements down past N Street.
Design
EXHIBIT A
191
18 Organization
Organization
Organization
Livermore
Downtown
Partners
Sponsors &
Grants
Committees
Board of
Directors
Volunteers
Bylaws
EXHIBIT A
192
19 Organization
Organization
Bylaws
Livermore Downtown Inc. (LDI) is finalized and approved a review and update of the Bylaws in the beginning of December 2025. LDI Bylaws establish the organizations structure, ensure legal compliance, guide operations and promote transparency and accountability.
The purpose of Livermore Downtown Inc. (LDI) is to operate exclusively for charitable, educational, and community development purposes within the meaning of Section 501(c)(3) of the Internal Revenue Code.
Specifically, LDI is dedicated to supporting and promoting the economic vitality, cultural richness, and overall enhancement of Livermore Downtown. This includes, but is not limited to, supporting local businesses, engaging in downtown revitalization efforts, facilitating community events, advocating on behalf of merchants and property owners, and collaborating with public and private partners to create a vibrant, inclusive, and sustainable downtown environment.
Livermore Downtown Partners
Livermore Downtown Inc. (LDI) supports and promotes all businesses within the designated downtown district. Additionally, LDI offers a voluntary membership (Partner in Main Street) program that provides enhanced benefits to downtown businesses, nonprofits, and destination-oriented enterprises.
LDI reviewed and launched an updated downtown partners program December 2025 with new perks, annual renewal on new
all in one platform and partner
“Livermore Valley Made”category.
*see next page for Livermore Downtown Inc. Partners Brochure
EXHIBIT A
193
20 Livermore Downtown Inc. Partner Brochure
EXHIBIT A
194
21 Livermore Downtown Partners Breakdown
Downtown Businesses
Organization
Affinity for Beauty & Wellness Spa
Alpha Martial Arts
American Swim Academy
Arthur Murray Dance Studio
Best Budz Vintage
Big Apple Pizza
The Black Cat
BMO
The Bourbon Pear
Casa Orozco Mexican Restaurant
Colliers
Compass - Barbara Benotto
Debbie Byrnes Realtor
Demitri's T averna
Dragonfly Y oga and Wellness
Drip Back to Life Medical Corporation
El Charro Mexican Food & Cantina
First Street Alehouse
First Street Wine Company
Flaca's
Gene Morgan Insurance Agency
Good Chance Boutique
Haque Chiropractic
Intero Real Estate Services
Johnny Fly CA
Joya Y oga
L Campo
Landmark Exteriors
The Little and Brave LLC
Livermore Butcher Shop
Livermore Family Pet Hospital
Livermore Fusion Soccer Club
Livermore Heritage Guild
Livermore School of Dance
Livermore Valley Chamber of Commerce
Locanda Wine Bar
Main Street Designs
Maple Street Eatery & Drinkery
Marabelle Skin & Beauty
Meadowlark Dairy
Mozart, Earhart & Me
Muse & Mane Hair Studio
Nightcaps at Rosetta
Old First T attoo
The Olive Oil Pantry and T asting Room #2
Orangetheory Fitness
Paris Baguette
Piazza For Hair
Pinot's Palette
Purpose-Built Trade Co.
ReMax/Accord - Sherry Nigg
Revs Beauty Studio
Riata Diner & T avern
Robeks Juice
Rosetta Roasting
Simply Fondue
Skin Philosophy by Kelly
Stampede
Steven Kent on 2nd
The Steven Kent Winery
Strizzi's Restaurant
SubCulture Jiu Jitsu
Sunrise Mountain Sports
Sweet Hope Naturals
Swirl on the Square
T acos Livermore
T AG Real Estate T eam
T ap 25
The Cheese Parlor
Therapy Stores
Tiny T attoos East Bae
T owne Center Books
T yler Pokorny Personal Training
Uptown Girls Boutique & Salon
Verace Gelato
Vine Cinema and Alehouse
Wingen Bakery
Zachary's Chicago Pizza
Zephyr Grill & Bar
EXHIBIT A
195
22 Non-Profit Partners
Organization
Destination Partners
Alden Lane Nursery
Cuda Ridge Wines
Del Cielo Brewing
Fenestra Winery
Horizons East Show Stables
JMC Cellars
Lost Worlds
McGrail Vineyards
New Vintage Beverage
Omega Road Winery
Rosa Fierro Cellars
Wood Family Vineyards
CYT Tri-Valley, Inc.
Livermore Art Association
Livermore Rodeo Foundation
Livermore Valley Craft Beer Foundation
Livermore Valley Wine Community
Paws In Need
SPARC Theater
Spawn of Skatin
Tri-Valley Conservancy
Tri-Valley Pickleball Club
105 total Partners
*as of 6/24/2026
EXHIBIT A
196
23 Organization
Sponsors
Organization
Thursday Farmers’ Market 2025/26
Herritage Estates - $1,000
Family Night at the Farmers’ Market 2025/26
Team Martial Arts - $1,000
Witches Night Out 2025
Caratti Jewelers - Giveaway Sponsor - $3,500 (giveaway charm bracelet) Tag Real Estate - Costume Contest Sponsor - $1000
Jolli Faces - In-Kind Trade - Balloon Photo Backdrop
Kids Town Halloween Hay Day 2025
Marcel Orthodontics - Giveaway Sponsor - $3,000 (giveaway treat bags) Maroon Bear - Music & Costume Contest Sponsor - $3000
United Studios Self Defense - General Sponsor - $1000
Earlier Than the Bird 2025
Uptown Girls Boutique & Salon - Giveaway Sponsor - $3,000 (giveaway mini plant mug) Holiday Village 2025
Marcel Orthodontics - Santa Sponsor - $2,500
A Cut Above Catering - Character Sponsor (2) - $750
Holiday Sights & Sounds Parade 2025
Subaru Livermore - Main Stage Sponsor - $6000
Legacy at Livermore - Secondary Stage Sponsor - $2,000
Denise Faenzi-Williams - Secondary Stage Sponsor - $2000 Lilly of the Valley School - Holly Jolly Sponsor - $500 Wine & Chocolate Stroll 2026
Supervisor Haubert - Wine Sponsor - $4,745
Barbara Benotto-Compass -
Tasting Glass Sponsor $2,000
EXHIBIT A
197
Street Fest 2026
Maroon Bear - Stockmen’s Park Stage Sponsor - $8,500
Eye Heart Eyewear - Bankhead Stage Sponsor - $6,000
Del Cielo Brewing Co. - Season 2026 Wristband Sponsor - $5,000 Bay Home & Window - General Sponsor - $4,600
Renewal by Anderson - General Sponsor - $4,000
Cal Water- General Sponsor - $4,000
Home Depot - General Sponsor - $4,000
Team Martial Arts - General Sponsor - $4,000
Subaru Livermore - General Sponsor - $4,000
Heritage Estates - General Sponsor - $4,000
Livermore Vine publication - In-Kind Trade - Festival Marketing Livermore Sanitation - In-Kind Trade - Garbage Dumpsters City of Livermore - In-Kind Trade - Event Support
US Foods - In-Kind Trade - US Refrigerated Truck
Wheels Bus (LAVTA) - In-Kind Trade - Festival Marketing/Free Bus Route Denim & Diamonds 2026
Caratti Jewelers - Giveaway Sponsor - $3,000 (giveaway denim tote) 24 Organization
Sponsors Continued
OrganizationGrants
$88,950 in Sponsorship
*not including in-kind trade values
City of Livermore - Annual Grant - $90,000
EXHIBIT A
198
25 Livermore Downtown Inc. (LDI) operates through several committees and task forces, enabling us to work more efficiently by dividing responsibilities. These groups provide specialized focus, support informed decision-making, conduct detailed analysis, ensure balanced representation, and uphold accountability and oversight. The committees and task forces are made up of Board Members, Businesses and Community Volunteers and include the following:
Finance Committee
Executive Committee
Promotions Committee
Economic Vitality & Design Committee
Organization Committee
Homeless Impacts and Solutions
Downtown Public Art Oversight
Responsible Hospitality Training (Restaurants/Bars)
New Development Construction Marketing and Outreach
Restaurant Committee
Livermore Downtown Inc, Wine Growers Association and Alameda County Grant Project Organization
Committees
Volunteers
Organization
"Volunteers are the heartbeat of every community event, turning plans into celebration and strangers into neighbors." 1,710 Volunteer Hours
1,710 Volunteer Hours x $19/hr =
$32,490 total value
EXHIBIT A
199
26 Organization
Board of Directors
Organization
Executive Officers
President
Barbara Benotto
Compass
2059 Third Street
[email protected]
Vice President
Kelly Herrera
Skin Philosophy
411 S. L Street, Suite G
[email protected]
Treasurer
Adam Feidy
First Street Alehouse
2106 First Street
[email protected]
Secretary
Aurora Nava
Flaca’s
1848 First Street
[email protected]
Past President
Bryan Wingen
Wingen Bakery
50 S Livermore Avenue
[email protected]
Board Members
Emily Pope
Main Street Designs
2196 First Street
[email protected]
Isabel Guevarra
Jolli Faces
2612 Old First Street
[email protected]
Charity Steele
Member-at-Large/TreSource
[email protected]
Kristen Iosco
Tap 25
25 South Livermore Ave.
[email protected]
Mercy Schneider
Rosetta Roasting/Nightcaps at Rosetta
206 South J Street
[email protected]
Lori Mancuso
Member-at-Large/Doctor Mancuso’s Holistic Health
486 South K Street
[email protected]
EXHIBIT A
200
27 Organization
Board of Directors
Organization
Liaisons
LPD Liaison
Officer John Lowden
Downtown Resource Officer
[email protected]
Property Owner Liaison
Sherry Nigg
Remax
1841 Fourth Street #E
[email protected]
City of Livermore Liaison
Evan Branning
Council Member - City of Livermore Liaison
[email protected]
LARPD Liaison
Phil Pierpont
Sunrise Mountain Sports
2184 First Street
[email protected]
EXHIBIT A
201
28 Promotion
Partnerships
Promotion
Promotion
Marketing
Social Media
Website
Events
EXHIBIT A
202
Livermore Downtown, Inc. (LDI) is dedicated to organizing events and festivals that serve and celebrate the Downtown community. These events play a key role in enhancing the energy and appeal of Livermore—not just as a Bay Area hotspot, but as a destination recognized nationwide. Our primary goal is to bring people into Downtown to support local businesses and experience the area’s distinctive blend of wine country charm and western heritage. Visitors often return after their first experience, as reflected in the growing attendance at our festivals year after year.
LDI proudly produces the following annual events:
Y ear-Round Sunday Farmers Markets
Attendance: 1,500 each market (dependent on season)
In collaboration with Foragers Market, Livermore Downtown hosts a year-round farmers' market every Sunday. According to Foragers, attendance continues to rise steadily. The market remains a Downtown Livermore weekend staple, offering high-quality products from local farmers, food vendors, and local makers. Downtown businesses report a positive impact on Sundays, noting strong foot traffic and a significant crossover of market-goers becoming customers at nearby shops and restaurants.
Summer Farmers Markets
Attendance: 2,000 to 3,000 each market
A local and visitor favorite, the Summer Farmers' Market at Carnegie Park—hosted with Foragers Market—offers fresh
produce, live music, and family fun every Thursday evening from April to October. Attendance remains steady, with slight seasonal variation.
29 Promotion
Events
Promotion
On the Radar
LDI received feedback from restaurants on Thursday
Market, citing concerns about too many food vendors,
low foot traffic, and a shift away from a traditional farmers’ market. After holding a meeting and survey with local
restaurants, we’re actively working on a solution that
balances business and community needs.
EXHIBIT A
203
Witches Night Out
Attendance: 6,000
Witches Night Out continues to grow in popularity and is now one of Livermore Downtown Inc.’s (LDI) most highly anticipated events, drawing thousands from the Tri-Valley and beyond. Held midweek, the event is designed to energize Downtown during typically slower days, creating a strong economic boost. Businesses consistently report some of their highest sales during this event. By staggering shopping and dining times, the event keeps restaurants and retailers busy throughout the evening. LDI also pre-books restaurant reservations and offers a pass with exclusive shopping specials and discounts—resulting in thousands of dollars spent in the Downtown district.
30 Promotion
Events
Promotion
18 16
429
Retail
Participants
Restaurant
Participants
Restaurant
Reservations
*event giveaway
Featured Activities:
Witches Hat Contest
Costume Contest
“The Lot” Vendor Pop-Up
Photo Backdrop
EXHIBIT A
204
Kidz T own Halloween Hay Day
Attendance: 4,000
Kidz T own Halloween Hay Day remains a cherished family event in Downtown Livermore, transforming Stockmen’s Park into a festive Halloween celebration with games, music, trick-or-treating, and more. Families also visited downtown businesses for treats. LDI partnered with Quest Science Center to offer hands-on science activities, and the costume contest drew over 50 participants, judged by local community partners.
Earlier Than The Bird
Attendance: 2,000
Earlier Than the Bird kicks off the holiday shopping season the Saturday before Thanksgiving, giving shoppers a head start before Black Friday and Small Business Saturday. Guests arrive in pajamas to enjoy exclusive deals, giveaways, raffles, and prizes while supporting local businesses. As Downtown Livermore's biggest retail shopping day of the year, the event generates significant economic impact and encourages shoppers to shop local.
COMMUNITY GIVE BACK EVENT
COMMUNITY GIVE BACK EVENT
31 Promotion
Events
Promotion
28+
33 32
Merchant
Participants
Merchant
Participants
Business
Booths
*event giveaway
EXHIBIT A
205
32 Promotion
Events
Promotion
Holiday Village at Carnegie Park
Attendance: 5,000
Holiday Village takes place on the first Friday of December, just before the Holiday Parade, transforming Carnegie Park into a festive wonderland filled with holiday music, carolers, cheerful characters, and of course—Santa.
LDI welcomed Livermore Valley Made small and micro businesses to pop up and sell unique, handcrafted local goods, while partnering with community businesses to offer themed activities. Guests enjoyed local wine and beer and free photos with Santa. The event encourages residents to skip the big box stores and shop, dine, and celebrate locally—keeping holiday dollars right here in Livermore.
Annual Holiday Sights and Sounds Parade
Attendance: 12,000
The Holiday Sights & Sounds Parade is Livermore Downtown Inc.'s largest community give- back event, featuring marching bands, festive floats, dazzling lights, holiday music, and a visit from Santa. With more than 70 entries—including first responders, local businesses, schools, and nonprofits—the parade brings the community together while celebrating the holiday season and supporting Downtown Livermore.
COMMUNITY GIVE BACK EVENT
COMMUNITY GIVE BACK EVENT
127
70 Volunteer
Hours
Parade
Entries
EXHIBIT A
206
33 Promotion
Events
Wine & Chocolate Stroll
Attendance: Sold Out at 500; 1,000 in foot traffic
LDI proudly launched the First Annual Wine & Chocolate Stroll, inviting guests to explore Downtown Livermore while sampling local wines and delicious chocolate treats inside participating businesses. The event sold out two weeks in advance, generating excitement throughout the community.
By pairing local wineries with downtown restaurants and retailers, the event introduced many participants to businesses they had never visited before. Merchants reported strong sales, new customers, and increased dining after the event, making the inaugural stroll a successful addition to Downtown's annual event lineup.
Promotion
21 18
Merchant
Participants
Livermore
Wineries
EXHIBIT A
207
30%
Increase in
Runners
34 Promotion
Events
Livermore Half Marathon
Attendance: 3,305 runners (Half = 2134, 5K = 1171) plus additional 2,000 LDI partners with Mascot Sports to bring a 13.1 mile race Downtown Livermore and into the beautiful back roads of our thriving wine country. The race draws runners from all over the U.S., many of whom commented that the Livermore Half Marathon was the best and most beautiful race they participate in. Upon completion of the race, the runners were given complimentary pass for wine and beer tasting in Downtown featuring Livermore Valley wineries and breweries along with local live entertainment. Custom Race Medals were mailed after the race this year due to uncontrollable shipping delays and Mascot added in a custom race towel as well.
Promotion
Out-of-State Reach:
Nevada (15), Oregon (8), Washington (7), and Texas (6)
4 Countries Represented Internationally
(Canada, United Kingdom/London, Germany, and Mexico)
EXHIBIT A
208
Fun
Fact
35 Promotion
Events
Livermore Downtown Street Fest
Attendance: 80,000 over two days
The Livermore Downtown Street Fest is the Livermore Valley's signature event, attracting thousands of visitors to enjoy local vendors, wineries, breweries, live entertainment, and Downtown businesses. Beyond celebrating the community, the festival generates significant economic impact, creates more than 100 local jobs, and engages more than 30 volunteer hours. As LDI's largest annual fundraiser, Street Fest directly supports free community events, downtown programs, and initiatives that benefit Livermore throughout the year.
Promotion
Livermore Downtown Inc.
hires 23 additional staff
to support Street Fest.
The Jones family
celebrated their 10th
year working the festival
together, traveling from
as far as Las Vegas to
continue their annual
family tradition.
EXHIBIT A
209
Promotion
19 18
146
Retail
Participants
Restaurant
Participants
Restaurant
Reservations 36
Promotion
Events
Denim & Diamonds
Attendance: 500
Denim & Diamonds: A Western Night Out welcomed Livermore residents and visitors from surrounding communities to celebrate our western heritage and kick off Rodeo Week with an evening of shopping, dining, sipping, and western-inspired fun throughout historic Downtown Livermore.
The event introduced a fresh new take on the longtime favorite Witches Night Out, keeping the same successful stroll format while reimagining it with a western theme. Attendees explored downtown businesses, enjoyed exclusive promotions, one-night-only specials, and unique in-store experiences, all with a festive western-inspired atmosphere.
Although the crowd was much lighter than Witches Night Out, many retailers reported having a great evening with lots of sales and new customers. *event giveaway
EXHIBIT A
210
37 Promotion
Partnerships
Promotion
Livermore Downtown Inc. (LDI) is dedicated to building strong, lasting relationships within the downtown community and beyond. As a connector between the City and local stakeholders, LDI fosters collaborations that strengthen our business ecosystem and support Livermore’s continued success.
We’re proud to partner with organizations such as Tri-Valley Community T elevision, Livermore Valley Made Makers, Livermore Cultural Arts Council, the Chamber of Commerce, LLNL, the Livermore Rodeo Foundation, Visit Tri-Valley, Innovation Tri-Valley, and many others. These partnerships enhance community initiatives and contribute to Livermore’s economic and cultural vitality.
Alameda County Supervisor David Haubert and Livermore Valley Winegrowers Association
In 2024, Livermore Downtown Inc. (LDI) received a $35,000 grant from Alameda County Supervisor David Haubert to promote tourism in Livermore Wine Country and Downtown Livermore.
Working in partnership with the Livermore Valley Winegrowers Association, LDI used $5,000 of the grant to launch the inaugural Livermore Downtown Wine & Chocolate Stroll, providing wine for participating businesses. The partnership also introduced the Cork & Fork promotion during May Wine Month, offering guests $15 off bottles of Livermore Valley wine at participating downtown restaurants, with restaurants fully reimbursed for the discounts.
These initiatives successfully increased awareness of Livermore Valley wines, drove visitors to Downtown restaurants, and strengthened the connection between Wine Country and Downtown. LDI continues to
collaborate with Supervisor David Haubert and the
Livermore Valley Winegrowers Association on future
tourism initiatives funded through the grant.
Sees Candy Fundraiser with Main Street Designs
Livermore Downtown Inc. partnered with Main Street
Designs during the 2025 Holiday Season to bring Sees
Candy to their boutique and served as a fundraiser for LDI.
EXHIBIT A
211
38 Promotion
Promotion
Social Media
Livermore Downtown Inc. remains a leader in social media engagement across the Livermore Valley. Our Instagram account, @livermoredowntown, serves as a trusted source for locals and visitors alike, providing up-to-date information on Downtown events, businesses, and activities—playing a key role in tourism and community engagement.
We follow digital best practices while continuously exploring creative ways to connect with our audience. Partnerships are essential to our growth, allowing us to effectively promote Downtown Livermore as a vibrant, must-visit destination and grow our active, engaged following.
In addition to regular content, we amplify the voices of our Downtown partners by sharing their posts and promotions. We've also introduced "Free For All Friday," a initiative that allows all Downtown businesses—not just LDI partners—to share their events, specials, and updates, further strengthening collaboration and visibility throughout the district.
Newsletter
LDI distributes a monthly Events & Entertainment newsletter highlighting activities from both LDI and our Downtown business partners. In addition to promoting events, the newsletter serves as a key communication tool for sharing important updates with Downtown businesses—covering upcoming events, meetings, projects, and more. This interactive resource allows readers to easily access event links, purchase tickets, watch videos, and download flyers, maps, and other materials.
The LDI website, livermoredowntown.com, serves as a
central hub for information about Downtown Livermore
and the city as a destination. It features details on LDI events, a business directory, a community event calendar for businesses to share their happenings, and spotlights on local Livermore Makers and bands. Visitors can also find “Plan Y our Visit” resources, including directions and tips for exploring Livermore.
Website
EXHIBIT A
212
39 Promotion
Social Media, Newsletter & Website Statistics
Analytics confirm that our website, newsletter and social media platforms are highly effective for both promotion and outreach. Downtown businesses report that a substantial share of their ticket sales and foot traffic can be directly linked to LDI’s digital channels.
Promotion
46% Open Rate
7,150 Subscribers
48,000 Visitors Per Year
Events Calendar most visited page
Newsletter:
Website:
Most followed hospitality, tourism, and event based
group in the Livermore Valley.
EXHIBIT A
213
40 Promotion
Promotion
Marketing
Livermore Downtown Inc. (LDI) undertakes a variety of marketing initiatives throughout the year to promote both the Livermore Downtown area and the city as a whole.
Event Video “Reels”
Collaborative Marketing & Featured in the Media!
LDI is in the process of making short video “reels” and updating marketing images to accompany and promote all LDI events.
This year LDI collaborated and was featured across several local and regional media platforms including:
Livermore Vine and Pleasanton Weekly SF Gate
Y our T own Monthly The Mercury News
Patch San Fransisco Chronicle
TV30 East Bay Times
KRON4 LoveLivermore
Various social media influencers
EXHIBIT A
214
Livermore Downtown Inc. (LDI) has evaluated the programing and internal framework in 2025/26 and is focused on continuing our high quality events and services along with a range of new initiatives. LDI is setting its sights on a strong and vibrant 2026–2027. Current and upcoming priorities include:
Bites & Vines: Taste of Downtown
Downtown Directory Tourism Brochure
Hiring of Marketing & Events Assistant
Side Street “Love” Opportunities
Downtown Marketing Collateral
Collaboration/Marketing efforts with similar
local organizations and groups (networking)
41 Future Focus 2026/2027
Contact Us
925-583-5242
[email protected]
livermoredowntown.com
EXHIBIT A
215
CITY COUNCIL STAFF REPORT
ITEM NO. 6.8
DATE:
September 28, 2026
TO:
Honorable Mayor and City Council
FROM:
Kimberly Cilley, City Attorney
SUBJECT:
Introduction of an ordinance amending section 2.68.595 of Chapter 2.68 Contracts and
Purchasing
of the Livermore Municipal Code to clarify the City Council's delegation of authority to the City Engineer for the purposes of design immunity, in accordance with Government Code section 830.6; Adoption of a resolution confirming that since the adoption of Ordinance 2069, the City Council at all times delegated discretionary authority to the City Engineer for the purposes of design immunity under Government Code section 830.6.
RECOMMENDED ACTION
Staff recommends the City Council:
1) I
ntroduce an ordinance and waive the first reading amending section 2.68.595 of Chapter 2.68 Contracts and Purchasing of the Livermore Municipal Code to restore the reference to Government Code section 830.6 regarding the City Council's delegation of authority to the City Engineer for approval of plans, specifications, and designs for public works contracts. 2) Adopt a resolution clarifying that despite the omission of Government Code section 830.6 in Ordinance 2159, since the adoption of Ordinance 2069, the City Council at all times delegated authority to the City Engineer, or designee, to approve plans, specifications, and designs, consistent with the purposes of design immunity in accordance with Government Code section 830.6.
SUMMARY
On July 8, 2024, the City Council adopted Ordinance 2159, which inadvertently omitted reference to Government Code section 830.6 and inserted a reference to Public Contract Code section 22039.
Despite the omission, since the adoption of Ordinance 2069, the City Council at all times delegated discretionary authority to the City Engineer for purposes of design immunity under Government Code section 830.6. The proposed ordinance modifies Livermore Municipal Code section 2.68.595 to restore the reference to Government Code section 830.6. The proposed resolution clarifies that since the adoption of Ordinance 2069, the City Council at all times delegated, and it was their intent to delegate, discretionary authority to the City Engineer, or designee, to approve plans, specifications, and designs for purposes of design immunity under Government Code section 830.6. 216
DISCUSSION
On April 23, 2018, the City Council adopted Ordinance 2069, adding section 2.68.600 to Chapter 2.68 Contracts and Purchasing
of the Livermore Municipal Code ("LMC"), which delegates authority from the City Council to the City Engineer to approve plans, specifications, and designs, and all amendments thereto, for all City public works contracts to preserve the City's design immunity defense in accordance with Government Code section 830.6.
On July 8, 2024, the City Council of the City of Livermore adopted Ordinance 2159. Ordinance 2159 revised LMC Chapter 2.68 to change contract approval authorities, add department head contract and purchasing responsibilities, add solicitation procedures for professional services contracts, and other miscellaneous revisions. One of the miscellaneous revisions was the renumbering of section 2.68.600 to section 2.68.595, which includes the City Council's delegation of authority to the City Engineer for approval of plans, specifications, and designs for public works contracts. In additional to renumbering section 2.68.600, Ordinance 2159 inadvertently removed the reference to Government Code section 830.6 and added a reference to Public Contract Code section 22039, while still delegating discretionary authority to the City Engineer, or their designee, to approve, among other things, plans, specifications, and designs, consistent with Government Code section 830.6.
California Government Code section 830.6 establishes an affirmative defense that protects public entities from liability for injuries caused by the plan or design of public improvements, if the plan or design was approved by the legislative body or a designated employee.
Public Contract Code section 22039
provides that the governing body of a public agency or its designated representative shall adopt plans, specifications and working details for all public projects exceeding the limit for contracts subject to informal bid procedures under the California Uniform Public Construction Cost Accounting Act (CUPCCAA).
Government Code section 830.6 does not mandate that the delegating ordinance cite section 830.6 and the addition of a reference to Public Contract 22039 in LMC section 2.68.595 does not invalidate the City's design immunity under Government Code section 830.6. However, to eliminate any ambiguity with respect to LMC section 2.68.595, and to clarify that since the adoption of Ordinance 2069, the City Council at all times delegated discretionary authority to the City Engineer, or their designee, for purposes of design immunity under Government Code section 830.6, our office recommends that the Council adopt the following: 1) an ordinance amending section 2.68.595 to restore the reference to Government Code section 830.6; and 2) a resolution confirming since the adoption of Ordinance 2069, the City Council at all times delegated, and it was their intent to delegate, discretionary authority to the City Engineer for purposes of design immunity under Government Code section 830.6, including the interim period in which Ordinance 2159 referenced Public Contract Code section 22039 and omitted reference to Government Code section 830.6. The proposed ordinance references both Government Code section 830.6 and Public Contract Code section 22039. (
A copy of the strikethrough and underlined version of
Section 2.68.595 is attached hereto).
ENVIRONMENTAL DETERMINATION
The passage of this ordinance is not a project under CEQA Guidelines section 15378 and, therefore, is 217
not subject to the provisions requiring environmental review.
FISCAL AND ADMINISTRATIVE IMPACTS
None.
COMMUNITY PILLAR
5. City That Works.
ATTACHMENTS
1. Amended Section 2.68.595 of Chapter 2.68
2. Ordinance
3. Resolution
Prepared by: Daniel Gonzales
Deputy City Attorney
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Dustin Claussen
Administrative Services Director
218
Chapter 2.68
Contracts and Purchasing
2.68.595 Approval of plans, specifications, and designs.
In accordance with California Government Code Section 830.6 and Public Contract Code Section 22039, as they it may be amended from time to time, the City Council hereby delegates authority to the City Engineer, or their designee, to approve plans, specifications, and designs , and all amendments and addenda thereto, field changes through the change order process and/or approval of as-built plans for all city public works contracts.
ATTACHMENT 1
219
1 ORDINANCE NO. _____
IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA
AN ORDINANCE AMENDING SECTION 2.68.595 OF CHAPTER 2.68 CONTRACTS
AND PURCHASING OF THE LIVERMORE MUNICIPAL CODE TO RESTATE THE CITY COUNCIL’S DELEGATION OF AUTHORITY TO THE CITY ENGINEER FOR
APPROVAL OF PLANS, SPECIFICATIONS, AND DESIGNS FOR PUBLIC WORKS CONTRACTS IN ACCORDANCE WITH GOVERNMENT CODE SECTION 830.6
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LIVERMORE DOES ORDAIN AS FOLLOWS:
Section 1. Authority. This ordinance is adopted pursuant to the City of Livermore’s police power authority established in section 7, article XI of the California Constitution to protect the health, safety, and welfare of the public, the authority granted to it by opting into the California Uniform Public Construction Cost Accounting Act, and the authority granted to it under Government Code section 830.6.
Section 2. Purpose. This ordinance modifies Livermore Municipal Code Chapter 2.68.595 Approval of plans, specifications, and designs to clarify the City’s use of design immunity in accordance with Government Code section 830.6. Ordinance 2159 inadvertently omitted reference to Government Code section 830.6 and included a reference to Public Contract Code section 22039 , while still delegating authority to the City Engineer, or their designee, to approve plans, specifications, and designs, consistent with Government Code secti on 830.6. This ordinance ensures that L ivermore Municipal Code section 2.68.595 references both Government Code section 830.6 and Public Contract Code section 22039.
Section 3. Amendment – Municipal Code . The Livermore Municipal Code Chapter 2.68 Contracts and Purchasing is hereby amended as follows:
2.68.595 Approval of plans, specifications, and designs.
In accordance with California Government Code Section 830.6 and Public Contract Code Section 22039, as they may be amended from time to time, the City Council hereby delegates authority to the City Engineer, or their designee, to approve plans, specifications , and designs , and all amendments and addenda thereto, field changes through the change order process and/or approval of as-built plans for all city public works contracts.
Section 4. Environmental. The passage of this ordinance is not a project within the definition in the California Environmental Quality Act and, therefore, is not subject to the provisions requiring environmental revie w. In accordance with CEQA Guidelines section 15378 , the ordinance has no potential for resulting in either a direct physical change to the environment, or a reasonably foreseeable indirect physical change in the environment.
Section 5. Severability. If any part of this ordinance is declared invalid by a court, such invalidity shall not affect any of the remaining parts.
220
2 ORDINANCE NO. _____
Section 6. Publication. This ordinance shall be published once in a newspaper of general circulation of the city of Livermore within fifteen days after its adoption.
Section 7. Effective date . This Ordinance shall take effect 30 days after its adoption.
The foregoing ordinance was introduced at the meeting of the City Council of the City of Livermore held on September 28, 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
The ordinance was adopted at the regular meeting of the City Council held on ______________________, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________
Mayor, City of Livermore
ATTEST: APPROVED AS TO FORM:
___________________________ /s/ Kimberly D. Cilley
Helena Graves Kimberly D. Cilley
Acting City Clerk City Attorney
221
1 RESOLUTION NO. ________
IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA
A RESOLUTION RESTATING THE CITY COUNCIL’S DELEGATION OF
AUTHORITY TO THE CITY ENGINEER, OR DESIGNEE, TO APPROVE
PLANS, SPECIFICATIONS, AND DESIGNS FOR PUBLIC WORKS
PROJECTS IN ACCORDANCE WITH GOVERNMENT CODE SECTION
830.6
On April 23, 2018, the City Council of the City of Livermore adopted Ordinance 2069 which added section 2.68. 600 Approval of plans, specifications and designs to Chapter 2.68 Contracts and Purchasing of the Livermore Municipal Code (LMC) .
Section 2.68.600 provided that in accordance with Government Code section 830.6, the City Council delegated authority to the City Engineer, or designee, to approve plans, specifications, and designs for all city public works contracts.
On July 8, 2024, the City Council adopted Ordinance 215 9 which updated several provisions in Chapter 2.68. With respect to LMC section 2 .68.600, s ection
2.68.600 was renumbered to section 2.68.595, the reference to Government Code section 830.6 was inadvertently removed, and a reference was made to Public Contract Code 22039. Section 2.68.595 continued to delegate discretionary authority to the City Engineer, or their designee, to, among other things, approve plans, specifications, and designs, consistent with Government Code section 830.6.
Both Government Code section 830.6 and Public Contract Code section 22039 address delegation of authority for the adoption of plans and designs for public projects.
Government Code section 830.6 provides that public entitles a re not liable for injuries caused by approved construction plans, designs or improvements to public property, if there is substantial evidence that a reasonable employee or legislative body approved them. Public Contract Code section 22039 provides that the governing body of a public agency or its designated representative shall adopt plans, specifications, and working details for all public projects exceeding the limit for contracts subject to informal bid procedures under the California Uniform Public Con struction Cost Accounting Act (CUPCCAA).
The removal of Government Code section 830.6 from LMC Section 2.68.595 was inadvertent, and Section 2.68.595 should have included references to both Government Code section 830.6 and Public Contract Code 22039 . The proposed resolution clarifies that the omission of Government Code section 830.6 was inadvertent and that since the adoption of Ordinance 2069, the City Council at a ll times delegated, and it was their intent to delegate, authority to the City Engineer , or designee, to approve plans, specifications, and designs for public works projects in accordance with Government Code section 830.6 , despite omitting reference to Government Code section 830.6 in Ordinance 2159.
222
2 RESOLUTION NO. ________
NOW, THEREFORE, B E IT RESOLVED by the C ity Council of the City of Livermore that the omission of Government Code section 830.6 from Livermore Municipal Code section 2.68.595 was inadvertent and since the adoption of Ordinance 2069, the City Council at all times delegated, and it was their inten t to delegate, discretionary authority to the City Engineer, or their designee, to approve plans, specifications, and designs , and all amendments and addenda thereto, field changes through the change order process and/or approval of as -built plans for all city public works projects in accordance with Government Code section 830.6 , including the interim period in which Ordinance 2159 omitted reference to Government Code section 830.6 and included a reference to Public Contract Code section 22039. The legisl ative intent of the City Council was to reference both Government Code section 830. 6 and Public Contract Code section 22039 in LMC section 2.68.595.
On motion of Council M ember ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on September 28, 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Kimberly D. Cilley
Helena Graves Kimberly D. Cilley
Acting City Clerk City Attorney
223