Agenda packet — Livermore City Council, April 25, 2022 (part 1 of 2)

CITY COUNCIL

REVISED AGENDA
MONDAY, APRIL 25, 2022
*Items 1.1 - Closed Session, 3.4 - Affordable Housing Proclamation, and 7.3 - City Manager contract have been added to the agenda with a new 6:30 p.m. start time.

Item 5.8 - Recycled Water Fill Station has been removed from the agenda.

REGULAR HYBRID MEETING – 7:00 PM
CLOSED SESSION - 6:30 PM

MEETING PARTICIPATION INFORMATION CAN BE FOUND AT THE END OF THE AGENDA
IN PERSON INFORMATION:

CIVIC CENTER MEETING HALL

CITY COUNCIL CHAMBERS
1016 S. LIVERMORE AVENUE
TELECONFERENCE INFORMATION:

CITY OF LIVERMORE YOUTUBE CHANNEL:
https://www.youtube.com/c/CityofLivermoreCalifornia
ZOOM WEBINAR:
https://us02web.zoom.us/j/84472628922
Zoom dial in phone number:
1 669 900 6833
Meeting ID: 844 7262 8922
Bob Woerner, Mayor
Regina Bonanno, Vice Mayor
Robert W Carling, Council Member
Brittni Kiick, Council Member
Trish Munro, Council Member
Livermore City Council Agenda April 25, 2022
1 1.

CLOSED SESSION - 6:30 p.m.

1.1 Conference with Real Property Negotiator. To meet with Paul Spence and Steve Stewart, the City’s negotiators pursuant to Government Code section 54956.8, regarding the purchase, sale, exchange, or lease of real property at Assessor’s Parcel Numbers 098-0289-024-00 and 098-0289-025-00. The City negotiators may negotiate with Lisa Tromovitch on behalf of the Shakespeare’s Associates, Inc., a California nonprofit corporation. The instructions will concern price and terms of payment in furtherance of the exclusive negotiation rights agreement first authorized by the City Council on June 18, 2018.

2. CALL TO ORDER

3. PROCLAMATIONS AND PRESENTATIONS

3.1 Proclamation declaring May 2022 as Drinking Water Awareness Month presented to representatives from Zone 7 Water Agency, California Water Service (Cal Water), and Livermore Municipal Water.

Recommendation:

Staff recommends the City Council declare May 2022 as Drinking Water Awareness Month, recognizing the joint efforts of Livermore Municipal Water, Zone 7 Water Agency, and California Water Service (Cal Water) to provide this vital service to our community.

Staff Report

Attachments:

1. Proclamation

3.2 Presentation of the 2022 Livermore Water Conservation Art Contest awards

Recommendation:

Staff recommends City Council present awards to the winners of this year’s Livermore Water Conservation Art Contest.

Staff Report

Attachments:

1. Award Presentation

ROLL CALL

Council Member Robert W. Carling
Council Member Brittni Kiick
Council Member Trish Munro
Vice Mayor Regina Bonanno
Mayor Bob Woerner

PLEDGE OF ALLEGIANCE

REPORT OF ACTION TAKEN IN CLOSED SESSION

Livermore City Council Agenda
April 25, 2022

2 3.3
Livermore Area Youth Advisory Commission annual update presented by Commission Chair Evelyn Arroyo

Recommendation:

Staff recommends City Council accept the Livermore Area Youth Advisory Commission annual update.

Staff Report

3.4 Proclamation declaring May as Affordable Housing Month presented to East Bay Housing Organizations.

Recommendation:

Staff recommends the City Council declare May as Affordable Housing Month.

Staff Report

Attachments:

1. Proclamation

4. CITIZENS FORUM

In conformance with the Brown Act, no City Council action can occur on items presented during Citizens Forum.

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

To provide public comment virtually, please log into Zoom and use the 'raise hand' feature.

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

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

5. CONSENT CALENDAR

Consent Calendar items are considered routine and are acted upon by the City Council with a single action. Members of the audience wishing to provide public input must submit a speaker card if in person or use the 'raise hand' feature if participating using Zoom.

5.1 Adoption of an ordinance adding section 2.36.200 to the Livermore Municipal Code in compliance with the requirements of Assembly Bill 481 (an act to add sections 7070 through 7075 to the Government Code, relating to military equipment).

Recommendation:

Staff recommends City Council
adopt an ordinance
adding section 2.36.200 to the Livermore
Municipal Code in compliance with the requirements of Assembly Bill 481 (an act to add sections 7070 through 7075 to the Government Code, relating to military equipment).

Staff Report

Attachments:

Livermore City Council Agenda
April 25, 2022

3 1. Ordinance

5.2 Adoption of an ordinance amending Title 5 and adding Chapter 5.60 Outdoor Dining Permit to the Livermore Municipal Code.

Recommendation:

The Planning Commission and staff recommend the City Council adopt an ordinance
adding
section 5.60 to the Livermore Municipal Code. The purpose of the Ordinance is to codify an Outdoor Dining Permit and facilitate enforcement through administrative due process.

Staff Report

Attachments:

1. Ordinance

2. Exhibit A - Planning Commission Resolution No. 08-22

3. Exhibit B - Outdoor Dining Ordinance

5.3 Resolution
authorizing amendments to contracts C9801130 and C9802006 with
the State
Department of Parks and Recreation
for
grant funds allocated to the Arroyo Road Trail (T-13,
Segment B), Project No. 2019-55.

Recommendation:

Staff recommends the City Council adopt a resolution:
1 .

Approving the Amendments to Contract No. C9801130 and C9802006 with the State of California under the Per Capita Grant Program in the California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access for All Act of 2018; and 2 .

Authorizing the City Manager or designee to sign all grant documents for the Per Capita Grant Funds.

Staff Report

Attachments:

1. Resolution

5.4 Resolution approving and appropriating the allocation of Community Development Block Grant, Home Investment Partnership Program, Social Opportunity Endowment, In-Lieu Housing, Human Services Facility Fee and General Funds in the total amount of $1,000,200 for FY 2022-23.

Recommendation:

Staff recommends the City Council adopt a resolution appropriating $1,000,200 as listed below and authorize the City Manager to negotiate and execute all related documents, grant agreements, and modifications.
1 .

Community Development Block Grant Funds (Fund 613) in the amount of $432,000 2 .

HOME Investment Partnership Program Funds (Fund 671) in the amount of $139,500 3 .

Social Opportunity Endowment Funds (Fund 620) in the amount of $80,000 4 .

Human Service Facility Fee Funds (Fund 333) in the amount of $119,700 5 .

In-Lieu Housing Funds (Fund 611) in the amount of $209,000 6 .

General Funds (Fund 001) in the amount of $20,000

Livermore City Council Agenda
April 25, 2022

4 Staff Report

Attachments:

1. Resolution

2. Exhibit A - FY 2022-23 Grant Recommendations

5.5 Resolution authorizing execution of an Affordable Housing Loan Agreement, Affordable Housing Regulatory Agreement and Declaration of Restrictive Covenants and related documents with Tri-Valley REACH, Inc. for repairs and updates to an affordable group home located at 4355 Colgate Avenue

Recommendation:

Staff recommends the City Council adopt a resolution:
1 .

Authorizing a loan to Tri-Valley REACH, Inc. in the amount of $91,768 in State Permanent Local Housing Allocation (PLHA) to assist with the rehabilitation of 4355 Colgate Avenue; and
2 .

Authorizing the City Manager to execute the Affordable Housing Loan Agreement attached as Exhibit A to the Resolution and the Affordable Housing Regulatory Agreement and Declaration of Restrictive Covenants attached as Exhibit B to the Resolution, between the City of Livermore and Tri-Valley REACH, Inc. for 4355 Colgate Avenue and all other related documents authorized and described in those agreements.

Staff Report

Attachments:

1. Resolution

2. Exhibit A - Affordable Housing Loan Agreement

3. Exhibit B - Affordable Housing Regulatory Agreement

5.6 Resolution authorizing execution of an agreement with DarkTrace Holding Limited for cybersecurity services in an amount not-to-exceed $437,000

Recommendation:

Staff recommends City Council authorize execution of the agreement with DarkTrace Holding Limited for cybersecurity services in an amount not-to-exceed $437,000.

Staff Report

Attachments:

1. Resolution

2. Exhibit A - Darktrace Product Order Form

5.7 Resolution endorsing the Alameda County Home Together 2026 Implementation Plan to address homelessness and acknowledging receipt of future homeless services funding must be consistent with the plan

Recommendation:

Staff recommends City Council adopt a resolution:
1 .

Endorsing the Alameda County Home Together 2026 Implementation Plan to address homelessness.

Livermore City Council Agenda
April 25, 2022

5 2
.

Acknowledging that to receive future homeless services funding made available through the County, grants, programs, and services must be consistent with the Home Together 2026 Plan.

Staff Report

Attachments:

1. Resolution

2. Exhibit A - Home Together 2026 Implementation Plan

5.8 Resolution appropriating $156,667 in additional funds in FY 2021-22 for the Joint Use Residential Recycled Water Fill Station.

Recommendation:

Staff recommends that the City Council adopt a resolution appropriating $156,667 in additional funds in FY 2021-22 for the Joint Use Residential Recycled Water Fill Station.

5.9 Resolution designating the Administrative Services Director as the City Treasurer

Recommendation:

Staff recommends City Council adopt a resolution designating the Administrative Services Director as the City Treasurer.

Staff Report

Attachments:

1. Resolution

6. PUBLIC HEARINGS

6.1 Hearing to consider the Community Development Block Grant (CDBG) and HOME Investment Partnership Program's Annual Action Plan for FY 2022-23 and authorizing submittal to the U.S. Department of Housing and Urban Development

Recommendation:

The Human Services Commission and staff recommend the City Council adopt a resolution:
1 .

Approving the FY 2022-23 Annual Action Plan for the HOME Investment Partnership and Community Development Block Grant Programs and authorizing its submittal to Alameda County for inclusion with the Alameda County HOME Consortium report and submission to the U.S. Department of Housing and Urban Development (HUD); and 2 .

Authorizing the City Manager, or his designee, to sign all related documents, and to make adjustments to the Action Plan as needed based on the HUD allocation.

Staff Report

Attachments:

1. Resolution

2. Exhibit A- FY 2022-23 Annual Action Plan

3. Exhibit B- HUD Certifications

6.2 Hearing to introduce an ordinance amending Livermore Municipal Code (LMC) Chapter 8.14 Public Nuisances to add Safe Storage of Firearm provisions to effectively regulate the safe

Livermore City Council Agenda
April 25, 2022

6 storage of a firearm in a residence.

Recommendation:

Staff recommends the City Council
introduce an ordinance
amending Livermore Municipal
Code (LMC) Chapter 8.14 Public Nuisances and adding “Unsafe Storage of Firearms" provisions to Chapter 8.14 to effectively regulate the safe storage of a firearm in a residence.

Staff Report

Attachments:

1. Public Comment Received

2. Ordinance

6.3 Hearing to receive and consider protests and direct staff to proceed with field abatement work on non-compliant properties under the 2022 Fire Hazard Abatement Program.

Recommendation:

Staff recommends City Council consider all protests, and if Council finds appropriate, adopt a resolution overruling protests, and direct staff to proceed with necessary weed abatement on all parcels requiring abatement.

Staff Report

Attachments:

1. Resolution

2. Exhibit A - Livermore Pleasanton Fire Department 2022 List of Parcels

7. MATTERS FOR CONSIDERATION

7.1 Resolution approving the 2022 City of Livermore State and Federal Legislative Platform

Recommendation:

Staff recommends the City Council adopt a resolution approving the 2022 City of Livermore State and Federal Legislative Platform.

Staff Report

Attachments:

1. Draft 2022 Legislative Platform - Redlined

2. Tri-Valley Cities Legislative Framework

3. Resolution

4. Exhibit A - Draft 2022 Legislative Platform

7.2 Update on the FY 2021-23 City Council Goals and Priorities and Equity and Inclusion workplan.

Recommendation:

Staff recommends City Council receive an update on the FY 2021-23 Goals and Priorities and Equity and Inclusion workplan.

Staff Report

Livermore City Council Agenda
April 25, 2022

7 Attachments:

1. FY 2021-23 City Council Priorities Report

2. Equity and Inclusion Final Recommendations Report

7.3 Resolution appointing and approving an employment contract with a new City Manager

Recommendation:

Mayor Woerner recommends the City Council adopt a Resolution appointing Marianna Marysheva as City Manager and approving the employment contract.

Staff Report

Attachments:

1. Resolution

2. Exhibit A - Employment Agreement

8. COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED BY CITY

MANAGER, CITY ATTORNEY, STAFF, AND COUNCIL MEMBERS

9. ADJOURNMENT

To a Regular City Council meeting on Monday, May 9, 2022 at 7:00 pm, Civic Center Meeting Hall, City Council Chambers, 1016 S. Livermore Avenue and virtually using Zoom.

10. SUPPLEMENTAL MATERIALS

10.1 Supplemental materials received prior to the meeting.

Staff Report

Attachments:

1. Supplemental Materials

10.2 Supplemental materials received at the meeting.

Staff Report

Attachments:

1. Items received at the meeting

11. HOW TO PARTICIPATE IN YOUR CITY COUNCIL MEETING

You can participate in the meeting in a number of ways:

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

Public Hearings -
The topic of the hearing is typically summarized by staff, followed by a presentation by the applicant, and questions from the City Council. The Mayor will then open

Livermore City Council Agenda
April 25, 2022

8 the hearing to the public and offer an opportunity for public comments. Speakers are limited to a maximum of 3 minutes per person. To address the City Council in person, you must submit a speaker card to the City Clerk prior to the start of the presentation of the item. To submit a comment using Zoom, you may use the 'raise hand' feature as soon as the item begins.

Other Agenda Items
are also open for public input including Consent Calendar or Matters for Consideration items. These comments are also subject to the 3-minute limit.

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

Platforms to Participate in Meetings:

Submission of Comments Prior to the Meeting:

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

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

Submission of Comments During the Meeting:

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

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

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

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

Zoom Webinar:
https://us02web.zoom.us/j/84472628922

Zoom dial in phone number: 1 669 900 6833
Meeting ID: 844 7262 8922

Livermore City Council Agenda
April 25, 2022

9 If you would like to deliver written materials to the City Council as part of your public comments, and are commenting in person, please provide 10 copies to the City Clerk with your speaker card. If you are commenting using Zoom, the speaker must identify that intent in his or her comment and immediately email the materials to the City Clerk at [email protected]
.

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

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

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

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

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

ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PUBLIC MEETING, PLEASE CONTACT THE ADA COORDINATOR AT [email protected] OR CALL (925) 960-4170 (VOICE) OR (925) 960- 4104 (TDD) AT LEAST THREE (3) BUSINESS DAYS IN ADVANCE OF THE MEETING.

Livermore City Council Agenda
April 25, 2022

10 CITY COUNCIL STAFF REPORT
ITEM NO. 3.1

DATE:

April 25, 2022
TO:

Honorable Mayor and City Council
FROM:

Scott Lanphier, Public Works Director
SUBJECT:

Proclamation declaring May 2022 as Drinking Water Awareness Month presented to representatives from Zone 7 Water Agency, California Water Service (Cal Water), and Livermore Municipal Water.

RECOMMENDED ACTION

SUMMARY

DISCUSSION

ATTACHMENTS

1. Proclamation

Prepared by: Natalie Croak
Water Resources Communications
Representative

Approved by:
____________________________________
Marc Roberts
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
11 Proclaiming

DRINKING WATER AWARENESS MONTH
May 2022

WHEREAS, water is our most valuable natural resource that provides public health protection, fire suppression, support for our economy, and drives our way of life; and

WHEREAS, the measures of a successful society – low mortality rates, economic growth and diversity, productivity, and public safety – are related to access to safe drinking water; and

WHEREAS, Livermore Municipal Water, California Water Service (Cal Water), and Zone 7 Water Agency work together to provide this vital service to our community; and

WHEREAS, Livermore residents and businesses are encouraged to help protect waterways from pollution, use water wisely, become involved in local water issues, and act as stewards of the water infrastructure upon which future generations depend; and

WHEREAS, the COVID-19 pandemic is an urgent reminder that reliable access to safe drinking water is essential to protecting public health;

NOW, THEREFORE , the City Council of the City of Livermore proclaims the month of May 2022 as Drinking Water Awareness Month, recognizing the vital role tap water plays in daily life and the importance of essential water professionals working “behind- the-scenes” to provide safe drinking water to the community.

12 CITY COUNCIL STAFF REPORT
ITEM NO. 3.2

DATE:

April 25, 2022
TO:

Honorable Mayor and City Council
FROM:

Scott Lanphier, Public Works Director
SUBJECT:

Presentation of the 2022 Livermore Water Conservation Art Contest awards

RECOMMENDED ACTION

Staff recommends City Council present awards to the winners of this year’s Livermore Water Conservation Art Contest.

SUMMARY
Fifty-four young artists submitted posters to this year’s water awareness poster contest which featured the theme “Water’s Journey.” Through a community vote, three winners have been selected, along with honorable mentions.

DISCUSSION
In the early 1990s, to increase public awareness, the City of Livermore’s water utility, Livermore Municipal Water, and California Water Service (Cal Water) began coordinating a water awareness poster contest for Livermore 3rd and 4th grade students. The Zone 7 Water Agency became an additional contest sponsor in 2021. Each year the contest has a different theme focused on water conservation or the importance of water in daily life.

For the 2022 contest, the sponsoring agencies decided to make major changes to the competition rules.

First, the age range was expanded to allow all K – 12th grade students who live or go to school in Livermore to participate. Second, students were allowed to submit any type of visual artwork into the competition, including digital illustrations, animations, and photography.

This year’s contest theme was “Water’s Journey”, which was designed to challenge students to learn more about how Livermore’s drinking water travels hundreds of miles from the Sierra Nevada to our taps.

Fifty-four entries were received from students at thirteen schools and across ten grade levels. After staff 13 from the sponsoring agencies narrowed the entries down to ten finalists, the Livermore community had the opportunity to vote online for the winner. 1,235 votes were received over two weeks.

Along with the prizes students will receive during this presentation, artwork from all ten finalists will be displayed in the Livermore Chamber of Commerce’s windows during the month of May in celebration of “Drinking Water Awareness Month”.

FISCAL AND ADMINSTRATIVE IMPACTS

Managing the contest and providing prizes utilized existing budgeted water enterprise funds of less than $500 and existing staff time.

ATTACHMENTS

1. Award Presentation

Prepared by: Natalie Croak
Water Resources Communications
Representative

Approved by:
____________________________________
Marc Roberts
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
14 2022 Livermore Water
Conservation Art Contest Winners
April 25, 2022
Presented by Livermore City Council, Angela Ramirez Homes, Zone 7 Water Agency Board President, & California Water Service (Cal Water)
ATTACHMENT 1
15 About the Livermore Water
Conservation Art Contest
ATTACHMENT 1
16 Honorable Mention: Matthew Seong
Homeschool, 2nd Grade
ATTACHMENT 1
17 Honorable Mention: Junwoo Hong
Sunset Elementary, 1st Grade
ATTACHMENT 1
18 Honorable Mention: Vedika Chaudhari
Joe Michell K – 8th School, 8th Grade
ATTACHMENT 1
19 Honorable Mention: Vaidehi Chaudhari
Joe Michell K – 8th School, 8th Grade
ATTACHMENT 1
20 Honorable Mention: Dongkeon Park
Sunset Elementary School, 2nd Grade
ATTACHMENT 1
21 Honorable Mention: Jude Mitsumata
Lawrence Elementary School, 2nd Grade
ATTACHMENT 1
22 Honorable Mention: Akshara Vishwak
Lawrence Elementary School, Kindergarten
ATTACHMENT 1
23 3rd Place: Annapoorani Amarnath
Mendenhall Middle School, 7th Grade
ATTACHMENT 1
24 2nd Place: Abagail Dow
Homeschool, 4th Grade
ATTACHMENT 1
25 1st Place: Ananya Garg
Mendenhall Middle School, 7th Grade
ATTACHMENT 1
26 Congratulations to all our 2022 Livermore
Water Conservation Art Contest Winners
ATTACHMENT 1
27 CITY COUNCIL STAFF REPORT
ITEM NO. 3.3

DATE:

April 25, 2022
TO:

Honorable Mayor and City Council
FROM:

Anwan Baker, Library Director
SUBJECT:

Livermore Area Youth Advisory Commission annual update presented by Commission Chair Evelyn Arroyo

RECOMMENDED ACTION

Staff recommends City Council accept the Livermore Area Youth Advisory Commission annual update.

SUMMARY

DISCUSSION

ATTACHMENTS

Prepared by: Nathan Brunley
Assistant Library Services Director

DATE:

April 25, 2022
TO:

Honorable Mayor and City Council
FROM:

Marc Roberts, City Manager
SUBJECT:

Proclamation declaring May as Affordable Housing Month presented to East Bay Housing Organizations.

RECOMMENDED ACTION

Staff recommends the City Council declare May as Affordable Housing Month.

SUMMARY

DISCUSSION

ATTACHMENTS

1. Proclamation

Prepared by: Stephanie Egidio
Management Analyst

Approved by:
____________________________________
Marc Roberts
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
29 30

CITY COUNCIL STAFF REPORT
ITEM NO. 5.1

DATE:

April 25, 2022
TO:

Honorable Mayor and City Council
FROM:

Jeramy Young, Police Chief
SUBJECT:

Adoption of an ordinance adding section 2.36.200 to the Livermore Municipal Code in compliance with the requirements of Assembly Bill 481 (an act to add sections 7070 through 7075 to the Government Code, relating to military equipment).

RECOMMENDED ACTION

Staff recommends City Council
adopt an ordinance
adding section 2.36.200 to the Livermore Municipal
Code in compliance with the requirements of Assembly Bill 481 (an act to add sections 7070 through 7075 to the Government Code, relating to military equipment).

SUMMARY

DISCUSSION

ATTACHMENTS

1. Ordinance

Prepared by: Jason Bogerg
Police Captain

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA AN ORDINANCE ADDING SECTION 2.36.200 MILITARY EQUIPMENT

POLICY TO THE LIVERMORE MUNICIPAL CODE IN COMPLIANCE
WITH ASSEMBLY BILL 481
On September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481 (creating Government Code section 7070, et seq.), relating to the use of military equipment by California law enforcement agencies.

AB 481 seeks to provide transparency, oversight, and an opportunity for meaningful public input on decisions regarding whether and how military equipment is funded, acquired, or used by local police departments.

The Livermore Police Department is in possession of certain items of equipment that qualify as “military equipment” under AB 481.

AB 481 requires that a law enforcement agency possessing and using such qualifying equipment must prepare a publicly released, written, Military Equipment Policy covering the inventory, description, purpose, use, acquisition, maintenance, fiscal impacts, procedures, training, oversight, and complaint process, applicable to the Department’s use of such equipment.

The Military Equipment Policy and supporting information must be approved by the governing body by ordinance, and reviewed annually; and The City Council of the City of Livermore, having received the information required under AB 481 regarding the Livermore Police Department’s use of military equipment as defined in said law, deems it to be in the best interest of the City to approve the Military Equipment Policy as set forth herein.

NOW, THEREFORE, BE IT FURTHER ORDAINED BY THE CITY OF
LIVERMORE AS FOLLOWS:

Section 1. Addition to the Code. That a new Section 2.36.200 is added to Chapter 2.36 Police Department and Police Reserve of Title 2 Administration and Personnel in the Livermore Municipal Code to read as follows:

2.36.200 Military Equipment Policy.
(a) The City Council has made the following determinations:
(1) The military equipment inventoried and presented to the City Council is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety;
32 ORDINANCE NO.___________
(2) The proposed military equipment policy (“Policy”) will safeguard the public’s welfare, safety, civil rights, and civil liberties; (3) The equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety (if any);
(4) Prior military equipment use complied with the applicable equipment use policy (which included equipment now defined as military equipment) that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance. (b) The Police Department has submitted a proposed Policy to the City Council and has made those documents available on the Police Department’s website for at least 30 days prior to the public hearing concerning the military equipment at issue.
(c) The Policy was considered by the City Council as an agenda item in an open session of a regular meeting, noticed in accordance with the Ralph M.

Brown Act, at which public comment was permitted.
(d) The Policy shall be made publicly available on the Police Department’s website for as long as the military equipment is available for use. (e) The Police Department shall submit an annual military equipment report to the City Council, containing the information required in Government Code section 7072, and the City Council shall determine whether each type of military equipment identified in that report has complied with the standards for approval set forth in (a)(1)-(4) above.
(f) The City Council shall review this ordinance, and vote on whether to renew it, on an annual basis at a regular meeting, in accordance with Government Code section 7071(e)(2).
(g) The City Council approves the Policy and its use and finds that it satisfies the requirements of Government Code Section 7070(d).

Section 2. Environmental. The passage of this ordinance is not a project according to the definition in the California Environmental Quality Act and, therefore, is not subject to the provisions requiring environmental review.

Section 3. Severability. If any part of this ordinance is declared invalid by a court, such invalidity shall not affect any of the remaining parts. 33 ORDINANCE NO.___________
Section 4. 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 5. 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 April 11, 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

The foregoing ordinance was adopted at the meeting of the City Council of the City of Livermore held , by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

MAYOR, CITY OF LIVERMORE
ATTEST: APPROVED AS TO FORM:
/s/ Kelly J. Trujillo
Marie Weber Kelly J. Trujillo
City Clerk Assistant City Attorney
Attachments to April 11, 2022, staff report incorporated by reference:

1. Lexipol Policy 709 “Military Equipment”

2. Inventory of Military Equipment as of January 1, 2022 34 CITY COUNCIL STAFF REPORT
ITEM NO. 5.2

DATE:

April 25, 2022
TO:

Honorable Mayor and City Council
FROM:

Paul Spence, Community Development Director
SUBJECT:

Adoption of an ordinance amending Title 5 and adding Chapter 5.60 Outdoor Dining Permit to the Livermore Municipal Code.

RECOMMENDED ACTION

The Planning Commission and staff recommend the City Council adopt an ordinance
adding section

5.60 to the Livermore Municipal Code. The purpose of the Ordinance is to codify an Outdoor Dining Permit and facilitate enforcement through administrative due process.

SUMMARY

DISCUSSION

ATTACHMENTS

1. Ordinance

2. Exhibit A - Planning Commission Resolution No. 08-22

3. Exhibit B - Outdoor Dining Ordinance

Prepared by: Kam Purewal
Assistant Planner

Approved by:
____________________________________
Marc Roberts
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
35 ORDINANCE NO. ___

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA AN ORDINANCE ADDING LIVERMORE MUNICIPAL CODE TITLE 5 BUSINESS REGULATIONS CHAPTER 5.60 OUTDOOR DINING PERMIT

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

Section 1. Findings. Municipal Code Amendment (MUNI) 22-001 establishes rules, regulations, and enforcement standards for Outdoor Dining Permits for businesses that seek to provide outdoor dining in the public right-of-way in accordance with the Downtown Specific Plan.

Section 2. Recommendation. The Planning Commission held a duly noticed public hearing on April 5, 2022, to consider the proposed ordinance and recommended that the City Council approve the proposed ordinance in Planning Commission Resolution No. 08-22, attached hereto as Exhibit A.

Section 3. Public Hearing . Prior to taking action on the ordinance, and at a properly noticed public hearing, the City Council of the City of Livermore reviewed written and oral staff reports, conducted a public hearing on the Ordinance and took testimony, and received into the record all pertinent documents related to the (“collectively, the “Record Evidence”). The City Council’s determination is based on the Record Evidence, which is incorporated into this ordinance by reference.

Section 4. Environmental. The environmental impacts of the ordinance are within the scope of the 2003 General Plan and Downtown Specific Plan Environmental Impact Report (State Clearing House No. 2003032038) and the 2009 Final Subsequent Environmental Impact Report (State Clearing House No. 2008092085) in accordance with the California Environmental Quality Act (“CEQA”).] The ordinance is also exempt from CEQA pursuant to CEQA Guidelines Section 15301, Class 1, Existing Facilities, Section 15304, Class 4, Minor Alterations to Land, and Section 15061(b)(3) Common Sense Exemption.

Section 5. Adoption. The City Council of the City of Livermore has considered the findings made in Planning Commission Resolution No. 08-22, attached hereto as Exhibit A, and hereby adopts the same findings by this reference and incorporates them herein, and based upon the City Council’s own independent review of the Record Evidence and considerations, Chapter 5.60 Outdoor Dining Permit to Title 5 Business Regulations of the Livermore Municipal Code is hereby added as set forth in Exhibit B.

Section 6. Consistency. The ordinance is consistent with the Livermore General Plan, the Downtown Specific Plan, and the Livermore Municipal Code.

Section 7. Publication and Effective Date. This ordinance or a comprehensive summary thereof shall be published once in a newspaper of general circulation of the city 36 ORDINANCE NO. ___
of Livermore within 15 days after its adoption and shall take effect and be in force 30 days from and after its adoption.

Section 8. Filing. The Planning Manager is directed to file a Notice of Determination and Notice of Exemption with the Alameda County Clerk.

Section 9. Documents. The documents that constitute the record of proceedings upon which this decision is based on can be found in the City Clerk’s Office, 1052 S. Livermore Avenue, Livermore, California.

Section 10. Severability. If any part of this ordinance is declared unconstitutional or invalid by a court, such unconstitutionality or invalidity shall not affect any remaining parts.

The foregoing ordinance was introduced at the meeting of the City Council of the City of Livermore held on April 11, 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

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

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
________________________________
Mayor, City of Livermore
ATTEST: APPROVED AS TO FORM:
/s/ Kimberly D. Cilley
Marie Weber Kimberly D. Cilley
City Clerk Senior Assistant City Attorney
Exhibit A - Planning Commission Resolution No. 08-22
Exhibit B - Outdoor Dining Permit Ordinance
37 EXHIBIT A
38 EXHIBIT A
39 EXHIBIT B
CHAPTER 5.60

OUTDOOR DINING PERMIT
Sections:

5.60.010 Purpose

5.60.020 Applicability

5.60.030 Administration by Director

5.60.040 Permit Required

5.60.050 Nature of the Permit

5.60.060 Application

5.60.070 Grounds for Approval

5.60.080 Permit Requirements

5.60.090 General Permit Conditions

5.60.100 Alcohol Related Conditions

5.60.110 Special Permit Conditions

5.60.120 Subsequent Conditions

5.60.130 Change in Permit Information

5.60.140 Permit Modification, Suspension, Revocation

5.60.150 Interruption of Use

5.60.160 Notice

5.60.170 Appeals

5.60.180 Enforcement

5.60.190 Administrative Fines

5.60.010 Purpose.

A. The purpose of this chapter is to establish uniform regulations for allowing outdoor dining within the Downtown Core and the public right-of-way. The City’s intent in adopting this chapter is to establish reasonable restrictions on the ability for restaurants to engage in the use of the public rights-of- way to promote the public welfare while still protecting public health and safety.

B. The regulations set forth in this chapter must be used in conjunction with the regulations set forth in the Downtown Specific Plan and the Outdoor Dining Administrative Guidelines for all outdoor dining activities. Nothing in this chapter is intended to supersede the Downtown Specific Plan. The Downtown Specific Plan prevails over any conflicting part of this chapter.

5.60.020 Applicability.

This chapter applies to dining establishments in the downtown core seeking to provide outdoor dining in the public right of way. 40 EXHIBIT B

5.60.030 Administration by Director.

The Community Development Director (“Director”) or his or her designee will receive applications, issue and revoke permits, and implement this chapter according to the procedures set forth herein.

5.60.040 Permit required.

A. No person shall allow, cause, or engage in outdoor dining in the public right of way without a valid Outdoor Dining Permit issued pursuant to this chapter.

B. Possessing a valid Outdoor Dining Permit does not excuse any failure to otherwise comply with this code or other applicable law.

5.60.050 Nature of the Permit.

Outdoor Dining Permits issued pursuant to this chapter are subject to the following limitations:

A. Permits are personal to the applicant, and to the premises upon which outdoor dining is conducted. No other individual may conduct outdoor dining under the authority of a permit issued to another. For purposes of this chapter, a permit is not deemed transferred or assigned if the permittee is a corporation or partnership which remains under the control of the same individual or individuals who controlled it at the time the permit was approved.

B. Permits shall not be transferred or assigned.

C. No property rights are conferred to the applicant/permittee.

D. There is no right of renewal; and
E. Permits are specific to the location identified on the permit application. A new permit shall be required if the permitted outdoor dining use is relocated, or a major alteration is made to the outdoor dining use identified on the permit.

5.60.060 Application.

Any individual seeking to provide outdoor dining in the public right of way shall submit the following:

A. A completed general planning application form with the property and 41 EXHIBIT B
business owner signatures.

B. Appropriate application fees and deposits.

C. A dimensional site plan that demonstrates:

1. The underlying right-of-way (and parking spaces if requesting to use the flexible zone) and the location of adjacent City Street trees and furnishings, including but not limited to planters, light poles, trellis structures, benches, trash containers, kiosks, etc.

2. An outline of the area proposed for outdoor dining use and the location of any existing and adjacent outdoor dining uses.

3. The proposed layout of all use furnishings including but not limited to tables, chairs, umbrellas, heaters, planters, fencing, signage, etc.

4. The proposed electrical connections to serve the use of electrical service is requested. (Electrical service is permitted for lighting only).

5. The proposed circulation to and from the outdoor dining use and the associated business, general pedestrian circulation, and building ingress/ egress.

D. A diagram showing the proposed location of the outdoor dining use with all seating and signage.

E. If an outdoor dining use is requesting to expand in front of an adjacent business, the applicant shall provide a letter of agreement signed by the underlying adjacent property owner, if reasonably practicable, and the adjacent business owner. The applicant must demonstrate that the proposed use will not block the display windows or signage of the adjacent business.

F. Specifications for the design, colors, and materials of all proposed furnishings including but not limited to tables, chairs, umbrellas, heaters, planters, fencing, trash receptacles, etc., demonstrating that all furnishings are of commercial grade and designed for outdoor use.

G. Specifications for all proposed signage.

H. A lighting plan, including under umbrella, table lighting, and any other lighting proposed, including fixture and lamp type and locations.

I. An operational schedule including hours, days, and months (Outdoor 42 EXHIBIT B
dining uses within the sidewalk area shall be required to operate for a minimum of 4 hours per day, and outdoor dining uses within the flexible zone shall be required to operate for a minimum of 8 hours per day, 6 days a week as weather permits).

J. A signed copy of the Outdoor Dining Maintenance and Removal Agreement.

K. A copy of the applicant’s City of Livermore business license.

5.60.070 Ground for Approval.

The Director shall only approve or conditionally approve an application for an Outdoor Dining Permit if the following findings can be made:

A. That the design, location, and layout of the proposed outdoor dining use are consistent with the requirements for use, development, design and permitting contained within Downtown Specific Plan Chapters 5, 6 and 10, the Outdoor Dining Administrative Guidelines, and all other applicable laws and regulations.

B. That the proposed outdoor dining use will promote the continued development and revitalization of the City's pedestrian-oriented Downtown by assisting in the creation of a lively and inviting streetscape.

C. That the outdoor dining use will not pose a danger to the public health, safety, or welfare, and/or any violations of these standards or the conditions of a previous permit have been abated or corrected prior to the issuance of a subsequent permit.

5.60.080 Permit Requirements.

Outdoor dining uses shall be subject to all of the following:

A. Outdoor dining uses shall comply with Chapters 5, 6, and 10 of the Downtown Specific Plan, the Outdoor Dining Administrative Guidelines, and this chapter.

B. During the year for which the permit is issued, flexible zone use is limited to a period of eight months, beginning in March, and ending in October.

C. Each year, the applicant shall submit a complete application for an Outdoor Dining Permit as defined above, including application, service and maintenance charges and deposits. The Director shall approve or deny the permit request and provide written notification of the action taken to the applicant.
43 EXHIBIT B
D. Outdoor dining uses shall provide for adequate pedestrian circulation.

Outdoor dining uses in the public right of way shall maintain a minimum of five feet of clearance between dining furnishings and any curb line or street furniture.

E. Outdoor dining uses shall comply with the Americans with Disabilities Act (ADA).

F. The City may charge a rental fee for use of public property.

5.60.090 General Permit Conditions.

A. Term. Unless suspended or revoked, permits issued pursuant to this chapter shall be valid from March to October. Should a permit expire, the permittee shall comply with this chapter to obtain a new permit.

B. Insurance. Permittees shall obtain liability insurance in the form and amount set by the City’s Risk Manager.

C. Agreement. The permittee shall enter into an Outdoor Dining Maintenance and Removal Agreement with the City, in a form approved by the City Attorney.

D. Responsible person. Responsible person is defined as the permittee, owner, manager or other person exercising control over the operation of an outdoor dining use, whether or not that person is a named permittee. A responsible person shall be present during all hours that the outdoor dining use is being operated.

E. Access. Responsible persons shall allow authorized law enforcement officers to enter onto establishments to ensure compliance with this chapter during business hours.

5.60.100 Alcohol Related Conditions.

Outdoor dining uses that serve alcoholic beverages shall comply with the following:

A. The applicant for an outdoor dining use shall obtain and maintain all licenses required by the Alcohol Beverage Control Act (Business & Professions Code §§ 23300, et seq.).

B. If complaints are received regarding excessive noise, lighting, building access, or other disturbances associated with alcohol service at the 44 EXHIBIT B
restaurant, the Director may, in his or her discretion, take action to review the outdoor dining permit including, without limitation, adding conditions or suspending or revoking the permit.

5.60.110 Special Permit Conditions.

A. Grounds for Special Permit Conditions. The Director may condition a permit with reasonable requirements to protect public health, safety, and welfare. These conditions may include, without limitation, the following:

1. Accommodating pedestrian and vehicular traffic

2. Obtaining any and all business licenses required by this code for the sale of food, beverages, or other goods or services B. An applicant for a permit may request, and the Director may approve, extended operating hours that will be applicable to the permitted establishment. The extended operating hours approved by the Director, and any conditions relating thereto, must be specifically stated in the permit.

5.60.120 Subsequent Conditions.

The Director may condition previously issued permits upon learning or discovering facts not previously disclosed.

5.60.130 Change in Permit Information.

A. Whenever any change occurs in the information contained in the permit, the permittee shall give the Director written notice of the change within 30 days of the date that the change becomes effective.

B. If a permittee fails to give the Director timely written notice of a change in the information contained in the application, the Director may charge the permittee an additional administrative fee.

5.60.140 Permit Modification, Suspension, Revocation.

The Director may modify, suspend, or revoke a permit if any of the following apply:

A. Upon learning or discovering facts requiring permit denial not previously disclosed by the applicant.

B. When the permittee violates the permit’s terms and conditions, or when permittee violates applicable laws or regulations; provided, however, that 45 EXHIBIT B
the Director will not revoke a permit without warning the permittee and allowing him/her to correct the violation(s) within 15 days from the date of the notice of the violation.

C. Three violations of any provisions of this chapter, the Downtown Specific Plan, or the Outdoor Dining Administrative Guidelines, or any combination thereof, within one calendar year.

5.60.150 Interruption of Use.

A. The Director or his or her designee may order immediate suspension of a permit whenever there is an emergency that requires such action to protect public safety.

B. An outdoor dining permit is an interruptible privilege. The City may interrupt the operation of an outdoor dining use at any time due to anticipated or actual conflicts. Such conflicts may arise from, but are not limited to, scheduled festivals and similar events, parades or marches, repairs to the public right of way, or demonstrations or emergencies occurring in the area. Outdoor dining uses shall be permitted to continue during special events unless the City of Livermore specifically requests that the use temporarily discontinue for the duration of the event. Such request may include the removal of all use furnishings.

5.60.160 Notice.

Where the provisions of this chapter require that an
applicant/permittee be served with notice, such notice may be provided by one of the following methods: personally delivered to the applicant or permittee, mailed via first class U.S. mail to the applicant/permittee’s last known address, or emailed to the applicant/permittee’s email address indicated on his or her application.

5.60.170 Appeals.

An applicant or permittee may appeal any Director decision made pursuant to this chapter in accordance with the provisions set forth in Chapter 1.22 of the LMC.

5.60.180 Enforcement.

A violation of this chapter constitutes an infraction. Any violation of this chapter may also be abated as a public nuisance. The remedies 46 EXHIBIT B
provided by this chapter are cumulative and in addition to any other criminal or civil remedies available under the law.

5.60.190 Administrative Fines.

A. In addition to any other enforcement remedy, administrative citations may be issued to any Responsible person for violations of this chapter.

B. An administrative citation issued for a violation of this chapter may be appealed in accordance with Chapter 1.20 LMC.
47 CITY COUNCIL STAFF REPORT
ITEM NO. 5.3

DATE:

April 25, 2022
TO:

Honorable Mayor and City Council
FROM:

Paul Spence, Community Development Director
SUBJECT:

Resolution
authorizing amendments to contracts C9801130 and C9802006 with
the
State Department of Parks and Recreation
for
grant funds allocated to the Arroyo Road
Trail (T-13, Segment B), Project No. 2019-55.

RECOMMENDED ACTION

Staff recommends the City Council adopt a resolution:
1 .

Authorizing the City Manager or designee to sign all grant documents for the Per Capita Grant Funds.

SUMMARY
The Arroyo Road Trail project (Project) is a priority for both the City of Livermore (City) and Livermore Area Recreation and Parks District (LARPD). The City and LARPD have agreed to utilize their Per Capita Grant allocation toward the Project. The City has taken the lead on the Project and LARPD will be passing through their Per Capita Grant allocation to the City for the implementation of the Project. The City will be the sole administrator of the grant including an allocation of $185,683 in grant funds received by the City and an allocation of $229,892 received by LARPD.

DISCUSSION
The Arroyo Road Trail project,
identified as Segment B of Trail No. 13 in the City’s Bicycle, Pedestrian, and Trails Active Transportation Plan (Project),
is a priority for both the City and LARPD. The Project is included in the City’s 1997 South Livermore Valley Specific Plan and 2018 Bicycle, Pedestrian, and Trails Active Transportation Plan. The Project is also listed in the 2007 Livermore Area Recreation and Park District Master Plan. The Project will close the gap between the existing trail at Wetmore Road and the Arroyo Del Valle Regional Trail at the easterly entrance of Sycamore Grove Park. The trail segments are located in unincorporated Alameda County and are separated by Dry Creek stream. The northerly trail segment will begin at the Olivina Gate and extend south for approximately 0.6 miles to Dry Creek 48 General Per Capita
Program (C9801130)
Urban County Per Capita
Program
(C9802006)
Total
City Allocation (current
contracts)
$177,952
$ 7,731
$185,683
LARPD Allocation
$177,952
$51,940
$229,892
Total Allocation
(amended contracts)
$355,904
$59,671
$415,575
stream inside private property owned by the Wente Brothers. The southerly trail segment (owned by LARPD) begins at Dry Creek stream and will continue to run south for approximately 0.8 miles and will pave an existing unpaved trail inside Sycamore Grove Regional Park and connect to the existing Arroyo Del Valle Regional Trail.

The Per Capita Program originates from Proposition 68, placed on the ballot via Senate Bill 5 (DeLeon, Chapter 852, statutes of 2017), and approved by voters on June 5, 2018. Funding is from the General Per Capita Program and the Urban County Per Capita Program. Both are non-competitive grant programs, and the grant recipients are encouraged to utilize awards to rehabilitate existing infrastructure and to address deficiencies and provide access to the outdoors. On November 18, 2021, the City Council authorized staff to prepare and submit a Per Capita Grant Fund application for both grant programs for the City and authorize the City Manager to sign all documents for Per Capita Grant Funds.

The City submitted, and was awarded, the City’s Per Capita Program grant allocation of $185,683 ($177,952 from the General Per Capita Program and $7,731 from the Urban County Per Capita Program) for the Project. On December 8, 2021, LARPD’s Board approved the transfer of both of LARPD's Per Capita Program allocations totaling $229,892 ($177,952 from the Ge neral Per Capita
Program and $51,940 from the Urban County Per Capita Program) to the City for the Project. The City will administer both the City's allocation and LARPD's allocation.

If Council authorizes the recommended contract amendments, the total awarded grant amount will be $415,575.

ENVIRONMENTAL DETERMINATION

Authorization for the City Manager to sign the proposed amendments to Contract No. C9801130 and C9802006 with the State of California under the Per Capita Grant Program under the California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access for All Act of 2018 for future trail improvements is not a project under CEQA pursuant to the Public Resources Code, Division 13, Chapter 2.5, section 21065.

City Council authorization related to acceptance of grants at this stage of the project will not cause a direct physical change in the environment, or a reasonably foreseeable indirect change in the environment. No lease, permit, certificate, or entitlement is being issued at this time.

FISCAL AND ADMINISTRATIVE IMPACTS

The grant requires a 20% match, and the City will be providing the match funds for both the City's Per Capita grant and LARPD's pass through grant fund allocated to the City for the project. Eligible match 49 sources are: Federal funds, Local funds, Private funds, In-House Employee Services, and Volunteer Labor. More than adequate match funds are already included in the project budget.

The Arroyo Road Trail (T-13, Segment B), Project No. 2019-55 is included in the FY 2021-23 Capital Improvement Plan. The total project budget is $1,995,000. The existing Capital Improvement Program (CIP) budget for FY 2021-23 is $1,565,000, funded by Park Fee-AB 1600 (Fund 337), Measure B-Local Street and Roads (Fund 678), State Grant (Fund 607), and Local & Other Grants (Fund 624). Project construction will extend beyond the end of the FY 2021-23 CIP. An appropriation of $410,000 will be needed to complete the project which will be requested with the adoption of FY 2023-25 Capital Improvement Plan.

ATTACHMENTS

1. Resolution

Prepared by: Julie Chiu

Associate Civil Engineer

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVERMORE

AUTHORIZING THE CITY OF LIVERMORE TO ENTER INTO AMENDMENTS FOR CONTRACT NO. C9801130 AND C9802006 WITH THE STATE OF CALIFORNIA

FOR THE PER CAPITA GRANT PROGRAM UNDER THE CALIFORNIA DROUGHT,

WATER, PARKS, CLIMATE COASTAL PROTECTION, AND OUTDOOR ACCESS FOR ALL ACTS OF 2018.
(Arroyo Rd. Trail (T-13, Segment B), Project No. 2019-55) The City of Livermore will enter into Amended Contracts with the State of California to increase the City of Livermore Per Capita Grant Fund allocation from $185,683 to $415,575 to reflect the pass through of $229,892 from Livermore Area Recreation and Park District.

Before the State of California generates the Amended Contracts, a Resolution must first be adopted by the City Council approving the Amendments to the Contracts as required by the Per Capita Grant Program.

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

1. Approves the Amendments to Contract No. C9801130 and C9802006 with the State of California under the Per Capita Grant Program under the California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access for All Acts of 2018;

2. Authorizes the City Manager to execute the Amendments on behalf of the City of Livermore; and

3. The City Manager is hereby authorized to take whatever actions are necessary and appropriate to carry out the purpose and intent of this Resolution.

On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on April 25, 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ATTEST: APPROVED AS TO FORM:
/s/ Tara Mazzanti
____________________________ _____________________________ Marie Weber Tara Mazzanti
City Clerk Assistant City Attorney
51 CITY COUNCIL STAFF REPORT
ITEM NO. 5.4

DATE:

April 25, 2022
TO:

Honorable Mayor and City Council
FROM:

Paul Spence, Community Development Director
SUBJECT:

Resolution approving and appropriating the allocation of Community Development Block Grant, Home Investment Partnership Program, Social Opportunity Endowment, In-Lieu Housing, Human Services Facility Fee and General Funds in the total amount of $1,000,200 for FY 2022-23.

RECOMMENDED ACTION

Community Development Block Grant Funds (Fund 613) in the amount of $432,000 2 .

HOME Investment Partnership Program Funds (Fund 671) in the amount of $139,500 3 .

Social Opportunity Endowment Funds (Fund 620) in the amount of $80,000 4 .

Human Service Facility Fee Funds (Fund 333) in the amount of $119,700 5 .

In-Lieu Housing Funds (Fund 611) in the amount of $209,000 6 .

General Funds (Fund 001) in the amount of $20,000

SUMMARY
Each year, the City of Livermore brings together multiple funding sources to support capital projects and public service programs benefiting low-income Livermore households that are consistent with the City’s goals and priorities as outlined in the City’s Five-Year Consolidated Plan (FYs 2020-24). These funding sources include Community Development Block Grant (CDBG) funds and HOME Investment Partnerships Program (HOME) funds from the U.S. Department of Housing and Urban Development (HUD). These Federal dollars are leveraged with City resources including the Social Opportunity Endowment Fund (SOE), Human Services Facility Fee, Affordable Housing In-Lieu Fee, and General Fund.

The City has traditionally allocated these Federal and local funds through the Housing and Human Services Grant Program to eligible public and nonprofit agencies that provide housing and services. For FY 2022-23, the City’s Housing and Human Services Grant Program received 23 applications from 17 52 agencies requesting $1,131,956 in grant funding.

The Human Services Commission (Commission) and staff recommend the City Council approve the funding recommendations set forth in Exhibit A to the Resolution. Exhibit A includes the annual repayment due on the City’s two Section 108 loans and the allocation of funding to 17 activities provided by 12 public and nonprofit agencies beginning July 1, 2022. If approved, these funds, leveraged with other local public and private funding sources, will serve over 10,000 low-income, senior, youth, homeless, and disabled Livermore residents.

The Commission recognizes that each agency submitting an application provides valuable and often critical services to families and individuals in need. This year, the City received numerous qualified applications for funding from agencies providing core safety net services in Livermore. However, the City does not have sufficient CDBG, HOME, and local funds available to meet the level of grants requested.

This approval and appropriation are contingent on a subsequent related Council action at this meeting to approve the Annual Action plan for FY 2022-23.

DISCUSSION
Grant Allocation Process
On September 21, 2020, the Human Services Commission launched a community outreach process as required by the Citizen Participation Plan, to identify priority housing and human services needs in Livermore. This process involved digital community meetings conducted in English and Spanish, a forum with community-based organizations, and a multilingual survey with 145 respondents. The City partnered with the Livermore Housing Authority, Livermore Valley Joint Unified School District, and numerous service providers to ensure that low-income families, people experiencing homelessness, seniors, and non-English speakers could participate.

In addition to the above outreach in September 2021, and under the direction of the Human Services Commission, staff sent out an additional survey to our local nonprofit services providers. The responses to the survey were used to update the needs assessment.

On October 12, 2021, the Human Services Commission considered the community outreach findings and recommended a set of four funding priorities for the next Housing and Human Services Grant cycle.

Those four priorities are Public Health, Housing, Homeless Services, and Social Safety Net Access and were approved by Council on November 22, 2021.

The Housing and Human Services Grant community outreach and workshop processes provided valuable information on current safety net service needs which align closely with the projects currently being funded by this grant program. The top social service needs that community members identified are mental health services, affordable housing, and homeless services. Other priority needs included assistance for people with disabilities, food security, and services for seniors. Another common theme throughout the outreach process was the need for more support accessing and navigating existing services, particularly for those with language and technology barriers.

The process to determine funding recommendations was similar to previous grant cycles. In early December 2021, as part of a regional coordinated effort to allocate funds to local agencies, staff from Livermore, Dublin and Pleasanton held a workshop for nonprofit and public agencies to discuss the grant application process. Application requests were due to the City on January 19, 2022, and submitted 53 electronically through an on-line grant application program.

The Human Services Commission evaluated and scored all grant applications submitted to the City by nonprofit and public agencies. The Commission and staff reviewed the applications against multiple criteria including need and benefit, program evaluation, budget, alternative funding sources, community support, and prior grant management and application completeness. First-time applicant agencies were required to make a presentation and all applicants responded to questions regarding their grant application at the February 8, 2022, Commission meeting. The Commission reviewed and approved the proposed funding recommendations to Council during their regular meeting on March 8, 2022.

Community Development Block Grant Funds $432,000
:

Federal CDBG funds originate as an entitlement grant from the US Department of Housing and Urban Development (HUD). Program regulations require that CDBG entitlement fund programs address one of three national objectives: (1) assisting low-income persons, (2) eliminating slum and blighted property, or (3) meeting needs created by a national emergency. The City must annually report to HUD how each organization receiving CDBG funding meets at least one of the three national objectives as well as all other HUD and Office of Management and Budget program guidelines. HUD restricts the amount of CDBG funds a jurisdiction can allocate within a specific program area. The City may allocate up to 15 percent to public services that support operational costs and provide supportive services to low-income persons and 20 percent for administration of the program. The remaining funds are allocated for capital projects. For FY 2022-23, Livermore anticipates receiving an allocation of $432,000.

HOME Funds $139,500
:

Similar to CDBG, the HOME Program also has restrictive program allocation guidelines. Projects funded with HOME dollars are limited to activities that either create or preserve housing opportunities. Eligible activities include acquisition, residential rehabilitation, residential new construction, homebuyer assistance, and tenant-based rental assistance (TBRA) that benefit low-income persons. HOME funds are allocated to the City through the Alameda County HOME Consortium. The City must allocate the funds by December 31, 2022, and has up to four years to expend funds on a project activity. For FY 2022-23, Livermore anticipates receiving an allocation of $139,500.

Social Opportunity Endowment Funds $80,000
:

Social Opportunity Endowment (SOE) funds are generated from one-time local developer contributions.

SOE funds are used to provide supplemental aid for continued diminishing State and Federal public service dollars to agencies providing public services to low-income residents. After FY 2022-23, the fund balance will be approximately $5,000 and this funding source will not be able to fund another grant cycle at the current amount of $80,000 per year unless new contributions are generated from a local developer. Staff will be assessing opportunities with new developers to increase funding.

Human Service Facility Fee Funds $119,700:

The Human Service Facility Fee is established for capital projects that support Human Service programs.

Applicants for these funds must demonstrate a specified direct service to low-income clients.

Affordable Housing Funds $209,000
:

City Affordable Housing In-Lieu funds originate from development fees and are used to finance a variety of programs and mechanisms for creating and sustaining affordable housing in Livermore.

54 General Funds $20,000
:

A one-time allocation of City General Fund resources in the amount of $20,000 is requested to provide funding for Goodness Village. To address the expanded number of public service needs, staff is recommending the use of General Funds for a new non-profit organization providing shelter and services to unsheltered, Goodness Village, for FY 2022-23. This funding allows Goodness Village to stabilize their operations while the use of General Fund resources allows the Commission to retain funding for three additional safety net providers that would otherwise not have been funded for this grant cycle. The three providers that will be able to retain funding are Senior Support Program of the Tri-Valley, CALICO Center, and Livermore Joint Unified School District's Marylin Avenue Food Pantry.

FISCAL AND ADMINISTRATIVE IMPACTS

Administration of the Housing and Human Services Grant program includes completion of environmental review, monitoring of federal wage projects, disbursement of funds, contract and invoice management, submission of three annual, and one semi-annual, reports to HUD, and monitoring of each sub-recipient to ensure funds are expended according to the City contract, HUD, and Office of Management and Budget regulations.

To ensure compliance with the broad range of federal and local grant regulations, approximately 20% of CDBG funding, projected at $86,400, and approximately 5% of the HOME allocation, projected at $8,000, will be used to administer the grants.

Appropriation of the grant funds detailed above will come from the following sources as referenced in Exhibit A to the Resolution: CDBG funds $432,000 (Fund 613); HOME Investment Partnerships Program (HOME) funds $139,500 (Fund 671); Social Opportunity Endowment (SOE) funds $80,000 (Fund 620); Human Service Facility Fee funds $119,700 (Fund 333); In-Lieu Housing funds $209,000 (Fund 611); and General Fund $20,000 (Fund 001) in the total amount of $1,000,200.

The CDBG funding (Fund 613) in the amount of $432,000 and HOME funding (Fund 671) in the amount of $139,500 are estimates based on prior year allocation amounts received from HUD. The City has not received the final FY 2022-23 allocation amounts from HUD, and the final grant awards will be increased or decreased proportionally from the estimated amounts once the final allocation is received.

ATTACHMENTS

1. Resolution

2. Exhibit A - FY 2022-23 Grant Recommendations

Prepared by: Amy Walker
Management Analyst 1

55 Approved by:
____________________________________
Marc Roberts
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
56 RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION APPROVING AND APPROPRIATING THE ALLOCATION OF

COMMUNITY DEVELOPMENT BLOCK GRANT, HOME INVESTMENT

PARTNERSHIP PROGRAM, SOCIAL OPPORTUNITY ENDOWMENT, IN-LIEU

HOUSING, HUMAN SERVICE FACILITY FEE, AND GENERAL FUNDS IN THE TOTAL AMOUNT OF $1,000,200 FOR FY 2022-23
Federal Community Development Block Grant (“CDBG”) funds originate as an entitlement grant from the U.S. Department of Housing and Urban Development (“HUD”).

Program regulations require that the CDBG entitlement fund programs address one of three national objectives: (1) assisting low-income persons, (2) eliminating slum and blighted property, or (3) meeting needs created by a national emergency. The City must annually report to HUD how each organization receiving CDBG funding meets at least one of the three national objectives as well as all other HUD and Office of Management and Budget program guidelines.

HOME Investment Partnership Program (“HOME”) funds are allocated to the City through the Alameda County HOME Consortium. HOME dollars are limited to activities that either create or preserve housing opportunities. The City must allocate the funds by December 31, 2022 and has up to four years to expend funds on a project activity.

Each year, the City brings together multiple funding sources to support capital projects and public service programs benefiting low-income Livermore households that are consistent with the City’s goals and priorities as outlined in the City’s Five-Year Consolidated Plan. These funding sources include CDBG and HOME funds, which are leveraged with City sources including the General Fund, Social Opportunity Endowment, Housing In-Lieu, and Human Services Facility Fee funds.

The City has traditionally allocated these Federal and local funds to eligible public and nonprofit agencies that provide housing and services through the Housing and Human Services Grant Program. For FY 2022-23, the City’s Housing and Human Services Grant Program received 23 applications from 17 agencies requesting $1,131,956.

Funding appropriations for the Grant Program will come from the following sources: CDBG funds $432,000 (Fund 613); HOME Investment Partnerships Program (HOME) funds $139,500 (Fund 671); Social Opportunity Endowment (SOE) funds $80,000 (Fund 620); Human Service Facility Fee funds $119,700 (Fund 333); In-Lieu Housing funds $209,000 (Fund 611); and General Fund $20,000 (Fund 001) in the total amount of $1,000,200.

The Human Services Commission and City staff recommended the City Council approve the funding recommendations as set forth in the attached Exhibit A for the annual repayment due on the City’s three Section 108 loan guarantees, and for the allocation of funding to 17 activities provided by 12 public and nonprofit agencies for FY 2022-23, 57 RESOLUTION NO. ________
beginning July 1, 2022. If approved, these funds, leveraged with other local public and private funding sources, will serve over 10,000 low-income, senior, youth, homeless, and disabled Livermore residents.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore authorizing the allocation and appropriation of $1,000,200 to repay three Section 108 loan guarantees and fund 17 grants to 12 agencies that provide services to over 10,000 low-income, senior, homeless, and disabled residents from the following sources as recommended in the attached Exhibit A:
a. Community Development Block Grant funds (Fund 613) in the amount of $432,000 funded by the U.S. Department of Housing and Urban Development, for programs, services, and administration; b. HOME Investment Partnership Program funds (Fund 671) in the amount of $139,500 for administration and programs to provide tenant based rental assistance;
c. Social Opportunity Endowment funds (Fund 620) in the amount of $80,000 for programs and services;
d. Human Service Facility Fee funds (Fund 333) in the amount of $119,700 for construction and rehabilitation of facilities;
e. In-Lieu Housing funds (Fund 611) in the amount of $209,000 to provide fair housing services, housing services at the homeless and domestic violence shelters, homeless outreach services, and homeless housing services; and f. General funds (Fund 001) in the amount of $20,000 for programs and services.

BE IT FURTHER RESOLVED by the City Council of the City of Livermore authorizing the City Manager, or his designee, to sign all documents related to the issuance of grant funds with agencies receiving allocations of funds from the City of Livermore, Alameda County HOME Consortium, and the U.S. Department of Housing and Urban Development, as provided in the attached Exhibit A, and authorizing the City Manager to take the actions necessary to carry out the purpose and intent of this resolution.

On motion of Council Member ______________, seconded by Council Member _____________, the foregoing resolution was passed and adopted on April 25, 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
58 RESOLUTION NO. ________
ABSTAIN: COUNCIL MEMBERS:

ATTEST: APPROVED AS TO FORM:
/s/ Tara Mazzanti
______________________________ ________________________ Marie Weber Tara Mazzanti City Clerk Assistant City Attorney
Exhibit A – FY 2022-23 Grant Recommendations
59 Human Services Grant Recommendations Fiscal Year 2022-23 Total Funding Recommendations by Funding Sources Amount Community Development Block Grant (CDBG) $ 432,000 HOME Investment Partnership (HOME) 139,500
Social Opportunity Endowment (SOE) 80,000
Human Service Facilities Fee 119,700
Affordable Housing In-Lieu Funds 209,000
General Fund 20,000
TOTAL: $ 1,000,200
Total Funding Recommendations by Category Amount
Administration $ 94,400
Capital- Section 108 Loans Obligations 119,870 Capital- Tennant Based Rental Assistance 212,130 Capital- Capital Projects 200,000
Public Services 164,800
Affordable Housing/Homeless 209,000
TOTAL: $ 1,000,200
Total Recommended Funding 1

EXHIBIT A
60 Human Services Grant Recommendations Fiscal Year 2022-23 Agency Name
Project/Program Title

CDBG/HOME
Funding
Provided
FY 21-22

CDBG/HOME
Funding
Request
FY 22-23
I. Administration
Community Development Block Grant (CDBG) $ 86,417 $ 86,400 HOME Investment Partnership (HOME) 8,009 8,000 Administration Totals: $ 94,426 $ 94,400 I. Administration 2

EXHIBIT A
61 Human Services Grant Recommendations Fiscal Year 2022-23 Agency Name
Project/Program Title Program Description
Funding
Provided
FY 21-22
Funding
Request
FY 22-23

CDBG CAPITAL
Funding Total
Recommended
FY 22-23
Axis Community Health
Clinic
Funds used to pay principal and interest
installments on loan used to rehabilitate Axis
Community Health Clinic building.
28,955$ 28,425$ $ 28,425
Hagemann Farm
Funds used to pay principal and interest
installments on loan used to acquire Hagemann
Farm.
94,090 91,445 91,445
$ 123,045 $ 119,870 $ 119,870 Capital - 108 Loan Obligations Totals:

II. Capital - City of Livermore 108 Loan Obligations
II. Capital Loan Obligation 3

EXHIBIT A
62 Human Services Grant Recommendations Fiscal Year 2022-23 Agency Name
Project/Program Title Program Description
Funding
Provided
FY 21-22
Funding
Request
FY 22-23
Operating Costs
CDBG Funding
Recommended
Rental Subsidies
HOME
Funding
Recommended

CDBG/HOME
CAPITAL Funding
Total
Recommended
FY 22-23
A B A+B
Tri-Valley Haven
Tenant Based Rental
Assistance (TBRA)
Provide assistance to
clients of domestic
violence with case
management and rental
subsidies needed for self-
sufficiency.
$ 114,286 $ 108,045 $ 40,630 $ 57,500 $ 98,130 Abode Services
Tenant Based Rental
Assistance (TBRA)
Provide households with
case management and
rental subsidies to escape
homelessness.
136,612 150,000 40,000 74,000 114,000 $ 250,898 $ 258,045 $ 80,630 $ 131,500 $ 212,130 III. Capital - Tenant Based Rental Assistance
(TBRA)
Capital Tenant Based Rental Assistance (TBRA)
Totals:

III. Capital TBRA 4

EXHIBIT A
63 Human Services Grant Recommendations Fiscal Year 2022-23 Agency Name
Project/Program Title Program Description
Funding
Provided
FY 21-22
Funding
Request
FY 22-23
Operating Costs
CDBG Funding
Recommended
Human Service
Facilities Fee
Funding
Recommended
CDBG/Facilities
Fee CAPITAL
Funding Total
Recommended
FY 22-23
A B A+B
Axis Community
Health
New Service Site
Purchase and construct a
new medical, dental, and
behavioral health service
site.
$ - $ 200,000 $ 80,300 $ 119,700 $ 200,000 $ - $ 200,000 $ 80,300 $ 119,700 $ 200,000 IV. Capital- Capital Projects
Capital Projects Totals:

IV. Capital Projects 5

EXHIBIT A
64 Human Services Grant Recommendations Fiscal Year 2022-23 Agency Name
Project/Program Title Program Description
Funding
Provided
FY 21-22
Funding
Request
FY 22-23
CDBG
Public Services
Funding
Recommended
Social
Opportunity
Endowment
(SOE) Public
Services
Funding
Recommended
CDBG/SOE Public
Services Funding
Total
Recommended
FY 22-23
A B A+B
Spectrum Community Services
Meals on Wheels in Livermore
Deliver nutritious meals and provide
safety checks to homebound elderly
Livermore residents.
$ 42,259 $ 74,000 $ 40,000 $ - $ 40,000 Open Heart Kitchen
Livermore Meals
Provide hot nutritious meals to senior
and unsheltered in Livermore. 25,000 50,000 24,800 - 24,800 Community Resources for Independent
Living (CRIL)
Housing and Independent Living Skills
Provide disabled Livermore residents
with independent living skills, self-
advocacy, personal assistant services,
benefits counseling, assistive
technology, housing search assistance,
transition services, and travel training.
13,188 15,000 - 10,000 10,000 Tri-Valley Haven
Food Pantry Provide food to low-income
unsheltered, families and individuals. 26,111 45,000 - 20,000 20,000 Tri-Valley Haven
Counseling Services
Provide individual counseling and
therapeutic support groups to survivors
of domestic violence, sexual assault,
homelessness, and poverty, as well as
families in crisis.
23,000 30,000 - 18,000 18,000 V. Public Services
V. Public Services 6

EXHIBIT A
65 Human Services Grant Recommendations Fiscal Year 2022-23 Agency Name
Project/Program Title Program Description
Funding
Provided
FY 21-22
Funding
Request
FY 22-23
CDBG
Public Services
Funding
Recommended
Social
Opportunity
Endowment
(SOE) Public
Services
Funding
Recommended
CDBG/SOE Public
Services Funding
Total
Recommended
FY 22-23
A B A+B V. Public Services
Legal Assistance for Seniors
Legal and Supportive Services for Older
Adults
Provide free legal services and health
insurance counseling to seniors.

Conduct community education
presentations teaching seniors,
provider services, and community
members how to make informed
choices and self-advocate.
5,788 10,000
- 6,
000 6,
000
Senior Support Program of the Tri-Valley
Senior Support Case Management
Provide case management
connecting seniors in need with health
and human services, available
resources, and assistance.
17,188 17,939
- 11,
000 11,
000
CALICO Center
Livermore Child Abuse Intervention
Provide child abuse intervention
services to Livermore children and their
caretakers through forensic
interviewing and family support
services.
11,188 13,000
- 7,
500 7,
500
Livermore Valley Joint Unified School
District (LVJUSD)
Marylin Avenue Food Pantry
Provide food security to low income
residents. 9,000 10,000
- 7,
500 7,
500
$ 172,722 $ 264,939 $ 64,800 $ 80,000 $ 144, 800 Public Services Totals:

V. Public Services 7

EXHIBIT A
66 Human Services Grant Recommendations Fiscal Year 2022-23 Agency Name
Project/Program Title Program Description
Funding
Provided
FY 21-22
Funding
Request
FY 22-23
Total General
Fund Public
Service
Recommended
FY 22-23
Goodness Village
Goodness Village
Provide support staff for security, case
management, and support groups for
the resident's living at Goodness
Village.
$ - $ 95,680
$ 2 0,000
$ - $ 95,680 $ 2
0,000
VI. Other Public Services
Other Public Services Total:

VI. Other Public Services 8

EXHIBIT A
67 Human Services Grant Recommendations Fiscal Year 2022-23 Agency Name
Project/Program Title Program Description
Funding
Provided
FY 21-22
Funding
Request
FY 22-23
Affordable
Housing/Homeless
Funding
Total
Recommended
FY 22-23
CityServe of Tri-Valley
Crisis Stabilization/Intervention
Provide outreach, intervention, and case
management to stabilize unsheltered. 125,556$ 130,000$ $ 1 30,000 Tri-Valley Haven
Shiloh House Domestic Violence
Services
Provide domestic violence services through
a 30-bed emergency shelter in a
confidential location, job readiness, life skills
groups, a 24-hour crisis line, case
management, and counseling.
24,000 24,000
24 ,000
Tri-Valley Haven
Sojourner House Homeless Shelter
Provide homeless families and single women
with shelter, support services, life skills classes,
and case management to help them
overcome barriers.
30,000 30,000 30 ,000
Abode Services
Alameda County Impact
(AC Impact)
Case management services for chronically
homeless Livermore residents in permanent
housing.
24,333 25,000
25 ,000
$ 203,889 $ 209,000 $ 2 09,000
VII. Housing & Homeless Services
Housing & Homeless Services Totals:

VII.Housing & Homeless Services 9

EXHIBIT A
68 CITY COUNCIL STAFF REPORT
ITEM NO. 5.5

DATE:

April 25, 2022
TO:

Honorable Mayor and City Council
FROM:

Paul Spence, Community Development Director
SUBJECT:

Resolution authorizing execution of an Affordable Housing Loan Agreement, Affordable Housing Regulatory Agreement and Declaration of Restrictive Covenants and related documents with Tri-Valley REACH, Inc. for repairs and updates to an affordable group home located at 4355 Colgate Avenue

RECOMMENDED ACTION

Staff recommends the City Council adopt a resolution:
1 .

Authorizing a loan to Tri-Valley REACH, Inc. in the amount of $91,768 in State Permanent Local Housing Allocation (PLHA) to assist with the rehabilitation of 4355 Colgate Avenue; and 2 .

SUMMARY
On November 23, 2020, City Council authorized the submission of an application to the State of California Housing and Community Development Department’s Permanent Local Housing Allocation (PLHA) Program and adopted a 5-year plan for use of its PLHA funds, which included shared housing rehabilitation and expansion projects.

In 2021, Tri-Valley REACH, Inc. (REACH) submitted a proposal to the City for a $91,768 rehabilitation loan to conduct repairs and updates of the Lily House group home, which is located at 4355 Colgate Avenue and provides supportive affordable housing to six extremely low-income tenants with intellectual and/or developmental disabilities. The loan would be repaid to the City over 55 years on a residual receipts basis where payments are made from revenues generated only after all operating and mortgage expenses are paid on the property. Staff recommends the City Council authorize a $91,768 rehabilitation loan to REACH for the 4355 Colgate property and authorize the City Manager to execute the Affordable Housing Loan Agreement, Affordable Housing Regulatory Agreement and Declaration of Restrictive 69 Covenants, and all related documents described in those agreements.

DISCUSSION
The City of Livermore has partnered with Tri-Valley REACH, Inc. (REACH) on multiple projects to expand affordable housing opportunities for very low-income people with developmental disabilities in Livermore. REACH currently manages five supported group homes for developmentally disabled people in Livermore and six similar homes in Pleasanton. Through REACH, residents are able to live independently, work, and volunteer in their communities. These projects help address the City’s special needs housing goals in the Housing Element of the City’s General Plan by expanding affordable housing and independent living opportunities for very low-income households with disabilities.

On November 23, 2020, City Council adopted a resolution authorizing the submission of an application to the State of California Housing and Community Development Department’s Permanent Local Housing Allocation (PLHA) Program. PLHA funding is a non-competitive block grant program designed to provide direct assistance to communities to create plans to help support and increase the local housing stock.

The City has adopted a 5-year plan for use of its PLHA funds and has allocated the first two years of funding for shared housing rehabilitation and expansion projects.

In December 2021, the City issued a Request for Proposals (RFP) from qualified owners and operators of residential shared housing sites with supportive services for extremely low-income tenants to undertake projects making major repairs and/or expanding capacity at their properties using awarded PLHA funds. REACH responded with a proposal to rehabilitate one of its existing group homes, Lily House, with interior and exterior updates, home improvements, and major exterior repairs. Lily House is located at 4355 Colgate Avenue and currently provides affordable supportive housing for six extremely low-income tenants with intellectual and/or developmental disabilities. Because REACH serves extremely low-income individuals who are only able to afford very low rents, the organization has limited funds available to self-finance a rehabilitation project. REACH is requesting the City’s assistance with this project through a rehabilitation loan of $91,768.

If approved, REACH’s new rehabilitation loan would be evidenced through the Affordable Housing Loan Agreement, and Promissory Note secured by a Deed of Trust. Under the proposed loan terms, the City is to be repaid over 55 years on a residual receipts basis where payments are made from revenues remaining only after all operating and mortgage expenses are paid on the property. The City provides this kind of gap financing to affordable housing providers like REACH in order to encourage the creation and rehabilitation of deeply affordable housing units to particularly vulnerable populations with extremely low incomes, such as people with developmental disabilities.

As a condition of receiving the City’s loan funds, REACH will enter into an Affordable Housing Regulatory Agreement and Declaration of Restrictive Covenants (Regulatory Agreement) for the property. The Regulatory Agreement outlines repayment, affordable rent, tenant income, maximum occupancy, and property management requirements by which REACH must abide for the fifty-five (55) year loan term. As the property owner, REACH oversees the physical conditions of the house and has a rental agreement with an independent organization, Lily House, LLC, which operates the group home and is responsible for providing services and housing to Lily House's very low-income and special needs residents.

Staff recommends the City Council authorize a $91,768 rehabilitation loan to REACH for the 4355 Colgate property and authorize the City Manager to execute the Affordable Housing Loan Agreement, 70 Affordable Housing Regulatory Agreement and Declaration of Restrictive Covenants, and all related documents described in those agreements.

FISCAL AND ADMINISTRATIVE IMPACTS

State of California Permanent Local Housing Allocation funds (Fund 605) will provide funding for the $91,768 rehabilitation loan, which will be appropriated through the FY 2021-22 budget update. Interest will accrue on the City’s loan at three percent (3%) simple interest annually for twenty (20) years, with annual payments required from residual receipts, which is the remaining cash available after the project’s annual operating expenses and mortgage payments.

ATTACHMENTS

1. Resolution

2. Exhibit A - Affordable Housing Loan Agreement

3. Exhibit B - Affordable Housing Regulatory Agreement

Prepared by: Grace Streltzov
Management Analyst II

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING EXECUTION OF AN AFFORDABLE HOUSING

LOAN AGREEMENT, AFFORDABLE HOUSING REGULATORY AGREEMENT AND

DECLARATION OF RESTRICTIVE COVENANTS AND RELATED DOCUMENTS BETWEEN THE CITY OF LIVERMORE AND TRI VALLEY REACH, INC. FOR REPAIRS AND UPDATES TO AN AFFORDABLE GROUP HOME LOCATED AT 4355

COLGATE AVENUE
The State of California Housing and Community Development Department is authorized to provide up to $195 million under the SB 2 Permanent Local Housing Allocation Program Formula Component from the Building Homes and Jobs Trust Fund for assistance to Cities and Counties (as described in Health and Safety Code section 50470 et seq. (Chapter 364, Statutes of 2017 (SB 2)).

The State of California (the “State”), Department of Housing and Community Development (“Department”) issued a Notice of Funding Availability (“NOFA”) dated February 26, 2020, under the Permanent Local Housing Allocation (“PLHA”) Program.

On November 23, 2020, the Livermore City Council approved the submission of an application to the State PLHA Program as well as the PLHA Five Year Plan for funding allocation years 2019-2023.

The City operates a Supportive Shared Housing Rehabilitation and Expansion Program (the “Program”) pursuant to which the City provides low-interest loans for the rehabilitation and expansion of residential projects that provide shared housing with supportive services for extremely low-income tenants. The Program is funded with funds provided through the State PLHA Program.

In response to a Request for Proposals issued by the City on December 9, 2021, Tri-Valley REACH, Inc. submitted a proposal to receive a $91,768 loan from the Program to rehabilitate the Lily House group home located at 4355 Colgate Avenue (the “Property”).

The City and Tri Valley REACH, Inc. now wish to enter into the agreements attached to this Resolution to execute this funding request.

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

1. Approves of a Program loan to Tri-Valley REACH, Inc. in the amount of $91,768 to assist with the rehabilitation of the Property; and

2. Authorizes the City Manager, or his designee, to execute the Affordable Housing Loan Agreement attached hereto as Exhibit A, the Affordable Housing 72 RESOLUTION NO. ________
Regulatory Agreement attached hereto as Exhibit B, between the City of Livermore and Tri Valley REACH, Inc.; and all other related documents authorized and described in those agreements upon approval as to form by the City Attorney.

On motion of Council Member _______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on April 25, 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ATTEST: APPROVED AS TO FORM:
/s/ Kelly J. Trujillo
Marie Weber Kelly J. Trujillo
City Clerk Assistant City Attorney
Exhibit A – Affordable Housing Loan Agreement
Exhibit B – Affordable Housing Regulatory Agreement
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CITY COUNCIL STAFF REPORT
ITEM NO. 5.6

DATE:

April 25, 2022
TO:

Honorable Mayor and City Council
FROM:

Tina Olson, Administrative Services Director
SUBJECT:

Resolution authorizing execution of an agreement with DarkTrace Holding Limited for cybersecurity services in an amount not-to-exceed $437,000

RECOMMENDED ACTION

Staff recommends City Council authorize execution of the agreement with DarkTrace Holding Limited for cybersecurity services in an amount not-to-exceed $437,000.

SUMMARY
The agreement with DarkTrace would provide email, cloud, and a network defense system. This contract would enhance the City's cyber-threat monitoring with active autonomous response which can intercept and neutralize cyber-attacks including insider threats, ransomware, and Internet of Things (IoT) attacks without the need for human intervention. Leveraging Artificial Intelligence (AI) and machine learning is necessary to keep pace with today’s advanced persistent threats. This will provide the City with additional cybersecurity and will work in tandem with the City's managed security service provider, Arctic Wolf.

DISCUSSION
An immediate response is critical to combat the spread of ransomware. Some of the most significant ransomware attacks have targeted local governments, which resulted in critical data encrypted, and vital services crippled. These recent attacks illustrate vulnerabilities of interconnected infrastructure.

Ransomware campaigns are designed to specifically identify and exploit the weaknesses of their targets and spread across networks in a matter of seconds. The speed and sophistication of the attacks give security teams almost no time to react before the damage is done.

DarkTrace Artificial Intelligence (Al) takes intelligent and informed actions to isolate an attack within seconds - all without disrupting the City's critical IT systems and public services. DarkTrace has a proprietary cybersecurity system called Antigena which is their cyber-AI which not only detects but also intelligently fights back against in-progress attacks in real time.

213
DarkTrace's Enterprise Immune System is a fundamentally unique Al technology that detects and responds to cyber-threats in real time, while providing unprecedented visibility to active threats of the City's network, cloud, and email infrastructure.

The City does not have visibility into all areas of infrastructure, nor does the City have the capability to automatically respond to anomalous activity. DarkTrace meets the City's needs in this area. The City was able to negotiate a price lower than available though a cooperative purchasing arrangement, specifically National Association of State Procurement Officials (NASPO) contracts allowed by Livermore Municipal Code section 2.68.390. Other cities, specifically Richmond and Pittsburg, California, both purchased DarkTrace using sole source justification. Sole source is also allowed by Livermore Municipal Code section 2.68.370.

FISCAL AND ADMINISTRATIVE IMPACTS

There is currently sufficient budget for this item in current FY 2021-22 budget under the Information Technology and Cybersecurity Internal Service Funds. As part of the current budget process, staff has incorporated necessary appropriations for this agreement into the Cybersecurity Internal Service Fund for the next budget cycle. Appropriations sufficient to cover future year's costs will be incorporated into future budget cycles for approval.

The term of this agreement is from May 1, 2022 to April 30, 2026. The total cost including sales tax for the four-year term is the not-to-exceed amount of $436,855.

ATTACHMENTS

1. Resolution

2. Exhibit A - Darktrace Product Order Form

Prepared by: Donald Hester
Cybersecurity Manager

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION TO AUTHORIZE THE EXECUTION OF THE

AGREEMENT WITH DARKTRACE HOLDING LIMITED FOR

CYBERSECURITY SERVICES IN AN AMOUNT
NOT-TO-EXCEED $437,000
The City is seeking to continue services with Darktrace Holdings Limited with a new agreement for a four-year term.

The City has selected Darktrace Holdings Limited to provide cybersecurity detection and autonomous response services. Cybersecurity detection and autonomous response services with Darktrace Holdings Limited are scheduled to begin May 1, 2022, and end on April 30, 2026.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore as follows:

1. Authorizes the execution of the agreement with Darktrace Holdings Limited for cybersecurity services for four years in an amount not-to-exceed $437,000.

On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on April 25, 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Tara Mazzanti
Marie Weber Tara Mazzanti
City Clerk Assistant City Attorney
Exhibit A – DarkTrace Product Order Form
215
Product Order Form
Customer Name: City of Livermore
Shipping Address: 1052 South Livermore, Livermore, California, 94550, United States
Invoice Address: 1052 South Livermore, Livermore, California, 94550, United States
Attn: Donald Hester
Email: [email protected]
Product Order Form:

Date Prepared:

Expiry Date:
75491-202204-04-853995-TC

2022/04/04
2022/04/30
Darktrace Offering :

Line
Item Product/Services Description Product
Code QTY Term
(months) Start Date End Date
Annual
Customer Price
USD
Extended
Customer Price
USD
1 Enterprise Immune System DCIP-EIS 1 48 2022-05-01 2026-04-30 99,060 396,240 Small Appliance DCIP-S 2 48 2022-05-01 2026-04-30
Medium Appliance DCIP-M 1 48 2022-05-01 2026-04-30
Antigena Email Hosted DCIP-AGE 480 48 2022-05-01 2026-04-30 Antigena Email Software: DCIP-AGE 480 48 2022-05-01 2026-04-30 --
License for up to four hundred and eighty (480) Users
Antigena Network Software DCIP-ANTI 1 48 2022-05-01 2026-04-30 SaaS-M365-AGS (Limit 480 Users) SaaS-M365-
AGS 480 48 2022-05-01 2026-04-30
Commencing
on 1 May 2022 (“Commencement Date”)
Installation Services
Standard Support Services
2 eLearning Training DCIP-TV-

ELEARN -
Public Online Training DCIP-TV-
PUB
-
Private Training (Remote) DCIP-TV-
REM
2 -
Total 396,240
Extended
Customer Price if Product Order Form is executed after 30th April 2022 435,864 2022-147 JKS/TMM
DocuSign Envelope ID: 8B4AAB59-4887-4E59-8619-466455F90F4F

EXHIBIT A
216
Terms and Conditions:
1 By signing this Product Order Form ("Product Order Form"), issuing a purchase order referencing this Product Order Form or otherwise accessing or using the Offering, the Customer's use of the Offering shall be subject to the Darktrace Master Customer Agreement included in the Appliance, which can also be found at:
https://www.darktrace.com/resources/legal-online-terms.pdf (“Agreement”). Customer is already in possession of the Appliances listed in line item 1 above pursuant to a prior order, and Darktrace shall not be required to provide additional such Appliances pursuant to this Product Order Form. 2 Customer’s use of Antigena Email is limited to the number of Users specified above. For such purposes, a “User” is a user in an email environment with an account capable of sending or receiving email.
3 The Appliance(s) are for use with respect to the Customer's applicable bandwidth throughput, number of connected devices and connections per minute as set out in the applicable Product Data Sheet (https://darktrace.com/resources/contract-data-sheets.zip) (the “Appliance Specifications”). Should the Appliance Specifications be exceeded, additional Fees shall be payable. The Software is limited to one thousand one hundred (1,100) Devices in use on the Customer network (the “Device Limit”). For the purposes of this calculation a “Device” is a unique Internet Protocol address (IP address), tied to a piece of equipment, apparatus, or instrument, virtual or physical; that is monitored, modelled and visible in the Threat Visualizer within a given 7 day time frame. Should the Device Limit be exceeded, additional Fees shall be payable.
4 Fees are exclusive of any applicable sales tax, goods and services tax, withholding tax or VAT. Fees will be invoiced annually in advance from the Commencement Date. Payment terms Net 30.
5 If Customer requires a purchase order, it must be sent at the time of acceptance of this Product Order Form and be for the full contract value. If it is not received, Darktrace shall be entitled to invoice without it.
6 Acceptance of this Product Order Form is expressly limited to the terms of Darktrace's offer. Once accepted, the terms and conditions of this Product Order Form and the Agreement will be the complete and exclusive statement of the agreement between the parties. Any modifications proposed by Customer are expressly rejected by Darktrace and shall not become part of the Agreement in the absence of Darktrace’s written acceptance. 7 This Product Order Form may be executed in any number of counterparts and by different parties in separate counterparts. Each counterpart when so executed shall be deemed to be an original and all of which together shall constitute one and the same agreement. Transmission of the executed counterpart of this Product Order Form by email (in PDF, JPEG or other agreed format) shall take effect as delivery of an executed counterpart. 8 For SaaS application purposes, a "User" is a user with log-in credentials to the relevant application. Customer’s use of SaaS-M365-AGS will be limited to a maximum of 480 Users. For such purposes, a “User” is a user in the relevant SaaS environment with an account, or with log-in credentials to the relevant SaaS platform, as applicable. Should the User limit be exceeded, additional Fees shall be payable.

This order is signed subject to the terms and conditions above For Customer
Signature:

Name:

Job Title:

Signature Date:

For Darktrace:

Signature:/darktrace_sign_here/
Name:/darktrace_name/
Job Title:/darktrace_title/
Signature Date:/darktrace_date/
("Effective Date")
Darktrace Holdings Limited, Maurice Wilkes Building, St John's Innovation Park, Cowley Road, Cambridge CB4 0DS, UK Registered No.: GB08562035, VAT No. GB290 0399 03
9 During the Term of this Offering
and the term of the Opt In, if elected by Customer, Darktrace shall maintain insurance coverage consistent with the insurance coverage outlined in the letter attached to this Product Order Form. 2022-147 JKS/TMM
DocuSign Envelope ID: 8B4AAB59-4887-4E59-8619-466455F90F4F Financial Director
Rachel Elias-Jones
4/19/2022 | 12:29 AM PDT

EXHIBIT A
217

Is
he Mugwira
C
lient Adviser

M
arsh Ltd
M
ilton Keynes (PO Box)
M
ilton Keynes Postal A
ddress:

P
O Box 3264
N
R7 7BH
+4
4 (0) 1
908 846029
I
[email protected]
w
ww.marsh.com
9th De
cember 2
021

To w
hom it may concern

Dea
r Sirs

CO
NFIRMATION OF INSURANCE – Dark
trace PLC a
nd Subsidiaries

As
requested by the above client, we are writing to confirm that we act a s Insurance Brokers to the client and that we
h
ave arranged insurance(s) on its b
ehalf as detailed below:

PRO

FESSIONAL INDEMNITY & CYB

ER LIABILITY

INSUR
ER: Am
erican International Group

PO
LICY NUMBER: 0
03403381036

PERIO

D OF INSUR
ANCE: 1
December 2021 to
30 November 2022,
both dates inclusive

L
IMIT OF LIABILITY: Bl
ended Professional Indemnity and Cyber L
iability - G
BP 5million in the
a
ggregate.

DED
UCTIBLES: G
BP 350
,000 e
ach and every claim or loss and 12 hour waiting period (N etwork
In
terruption).

EOGRAPHICAL LIMITS W
orldwide

PLOYERS LIABILITY

INSUR
ER: CH
UBB European Group SE

PO
LICY NUMBER: UKINT
C92535 536

PERIO

D OF INSUR
ANCE: 1
December 2021 to
30 November 2022,
both dates inclusive

L
OSS LIMIT: G
BP 1
0,000,000 per o
ccurrence
G
BP 5,000,000 per o
ccurrence (Terrorism)

DED
UCTIBLES: NIL
2022-147 JKS/TMM
DocuSign Envelope ID: 8B4AAB59-4887-4E59-8619-466455F90F4F

EXHIBIT A
218

Reg
istered in England and Wales Number: 1507274, Registered Office: 1 Tower Place W
est, Tower Place, London EC3R 5BU. Marsh Ltd is a
uthorised and regulated by the
F
inancial Conduct Authority.

ERRITORIAL LIMITS G
reat Britain, Northern Ireland, the Isle of Man, the Channel Islands, Republic of Ire
land and elsewhere i
n the world in respect of any employee whilst temporarily o
utside of these territories provided that such employee normally resides within th
e territorial limits stated above

PUB

LIC & PRO

DUCTS LI

ABILITY

INSUR
ER: CH
UBB European Group SE

LICY NU
MBER: UKINT
C92535 9
253

PERIO

D OF INSUR
ANCE: 1
December 2021 to
30 November 2022,
both dates inclusive

L
OSS LIMIT: Pu
blic Lia
bility - G
BP 15
,000,000 per occurrence
Pro
ducts Liability - G
BP 15
,000,000 per occurrence a
nd in the aggregate
Pol
lution & Contamination - G
BP 15
,000,000 in the aggregate

DED
UCTIBLES: G
BP 500 Third Party Property Damage

ERRITORIAL LIMITS

W
orldwide excluding Cuba and sanctioned territories

T
his letter is issued a
s a matter of information only and confers no right upon you other than those provided by the p
olicy. T
his letter does not amend, extend or alter the coverage afforded by the policies described herein.

Not
withstanding any requirement, term or condition
of any contract or other document with respect to which this letter m
ay be issued or pertain, the insurance afforded by the policy (policies) described herein is subject to all te rms,
c
onditions, limitations, exclusions and cancellation provisions and may also be subject to warranties. Limits shown may
h
ave been reduced by paid claims.

W
e express no view and assume no liability w
ith respect to the solvency or future ability to pay of any of the insurance c
ompanies which have issued the insurance(s).

W
e a
ssume no obligation to advise yourselves of any developments regarding the insurance(s) subsequent to the date h
ereof. This letter is given on the condition that you forever waive any liability against us based upon the placement of th
e insurance(s) and/o
r the statements made herein with the exception only of wilful default, recklessness or fraud.

T
his letter may not be reproduced by you or used for any other purpose without our prior written consent.

2022-147 JKS/TMM
DocuSign Envelope ID: 8B4AAB59-4887-4E59-8619-466455F90F4F

EXHIBIT A
219

Reg
istered in England and Wales Number: 1507274, Registered Office: 1 Tower Place W
est, Tower Place, London EC3R 5BU. Marsh Ltd is a
uthorised and regulated by the
F
inancial Conduct Authority.

T
his letter shall be governed by and shall be constru
ed in accordance with English law.

Y
ours faithfully,

I
she Mugwira

Is
he Mugwira
Cli
ent Adviser
2022-147 JKS/TMM
DocuSign Envelope ID: 8B4AAB59-4887-4E59-8619-466455F90F4F

EXHIBIT A
220

V09.12.2
020 M
CA S
HRINKWRAP 1
D

ARKTRACE MASTER CUSTOMER AGREEMENT
IM

PORTANT - R
EAD C
AREFULLY:

P
lease read the following legally binding Darktrace Master Customer Agreement (“ A greement”
) between D
arktrace Holdings
L
imited (“D
arktrace”) a
nd t
he person or entity t
hat ha
s been granted rights under this Agreement (“ C
ustomer”
) caref
ully. T
HIS
A

GREEMENT W
ILL A

PPLY TO ANY QUOTE, P

RODUCT O
RDER F
ORM,

ORDER ACKNOWLEDGEMENT, AN

D INVOICE, AND ANY SALE,
L
ICENCE
, OR DEL

IVERY OF ANY A

PPLIANCES O
R S

ERVICES BY D
ARKTRACE. B
y selecting the ‘a
ccept’ opt
ion, installing or otherwise
a
ccessing or using the O
ffering (a
s defined herein), C
ustomer acknowledges that C
ustomer ha
s read, understands and agrees to
be
bound by the terms and conditions of this Agr ee
ment. W
here a reseller, service provider, consultant, contractor or other per
mitted third pa
rty downloads, installs or otherwise uses the A
ppliance on
Customer’s behalf, such party will be deemed to
be
Customer’s agent and Customer will be deemed to have accepted all of the terms and conditions of this Agreement as if C
ustomer had directly downloaded, installed or used the A ppliance.

If
C
ustomer d
oes not
agree with the terms and conditions of this Agreement, C ustomer i
s not authorised t
o install the A
ppliance
or
otherwise use the Offering f
or any purpose whatsoever. I
f C
ustomer re
turns the unused A
ppliance a
nd all accompanying
i
tems in their original condition and packaging within twenty-o ne (21) calendar days of delivery by D
arktrace,
together with proof
of
purchase, C
ustomer ma
y receive a full refund o
f any Fees paid.

D
arktrace and Customer may be collectivel
y referred to as t
he “P
arties”
or individually as a “P
arty”
.

ECITALS
W
hereas, Darktrace is the supplier of the O
ffering t
hat i
s mor
e fully described in the a
pplicable quotation, orderi
ng document,
or commerc
ial terms schedule prov
ided by Darktrace or
its authorised re
seller, a
s applicable, a
nd accepted by D
arktrace, w
hich
i
dentifies the A
ppliances a
nd any Services ordered by Customer from Darktrace or
its authorised reseller, a
s applicable, t
he ter
m,
t
he re
spective qua
ntiti
es, t
he applicable fees, t
ogether with any other specifications or requirements a nd any other restrictions
(i
f any) (“P
roduct Order Form”).

W
hereas, Customer is interested in using the Offering for its internal use and Darktrace has agreed to C ustomer’s us
e of the
O
ffering on the terms of this Agreement.

N
ow t
herefore, in con
sideration of t
he mut
ual covena
nts a
nd t
he payment of F
ees de
scribed her
ein, t
he P
arties a
gree as f
ollows:

1. D

EFINITIONS
C
ertain capitalised terms used but not def
ined her
ein a
re as s
et f
orth in A
ppendix 1 t
o this A
greement.

2. E

VALUATIONS A

ND BETA TESTING
T
he following terms in this Clause 2 apply to a D
arktrace proo
f of va
lue or
technical preview of
the Offering.
2 .1. If
Darktrace permi
ts Customer to conduct a
proof of value of
a
ny commercially-a
vailable O
ffering (t
he “E
valuation”),
C
ustomer
s
hall be g
ranted a non-ex
clusive, non-t
ransferable, non-s
ublicensable l
icence to us
e t
he O
ffering f
ree of charge for evaluation
purpos
es only for a maximum of f
our (4) w
eeks, or such other duration as specified by Darktrace in w riting at its sole discretion
(t
he “E
valuation Period”). E
xcept f
or the foregoing,
Darktrace does not grant Customer any rights, implied or otherwise in or t
o the Offering i
n respect of an E
valuation.

Customer must keep the Appliance free from liens, will be responsible for any da
mage to such Appliance during the Evaluation Period (reasonable wear and tear excepted) and will carry insurance coverage (a
ll risks) in an amount equal to the full
replacement value of the Appliance. On the expiry of the Evaluation Period, a nd unless
t
he Parties agree to a subsequent purchase of
the Offering, C
ustomer shall return the Appliance to Darktrace securely and properl
y packaged, with carriage (and insurance
at Customer’s option) and this Agreement will terminate. 2 .2. If
Darktrace provides Customer with a ne
w product or
new version of the Offering f
or technical preview or beta testing
purpos
es (a “ P
review Product”
), Customer may use the Preview Product for eva
luation purposes, in a non -prod
uction test
envi
ronment only, for the period specified by Darktrace (the “ T est Period”
). C
ustomer w
ill t
est the Preview Product in
a
ccordance with any conditions specified in the readme file for the software or any accomp a nying Documentation and w
ill
g
ather and report test data, feedback, comments and suggestions to Darktrace. C ustomer’s right to use the Preview P
roduct
w
ill t
erminate upon expiry of the Test Period. D
arktrace does not warrant that it will release a comme rcia l version of the
P
review Product, or that a commercial version will contain the same or similar features as the Preview Product.

2022-147 JKS/TMM
DocuSign Envelope ID: 8B4AAB59-4887-4E59-8619-466455F90F4F

EXHIBIT A
221

V09.12.2
020 M
CA S
HRINKWRAP 2

2 .3. C
lause 9 a
nd Clause 12 w
ill not
apply t
o Evaluations or Preview Products . A

PPLIANCES PROVIDED FOR THE PURPOSES OF
E
VALUATION (“E
VALUATION PRODUCTS”) A
ND PREVIEW PRODUCTS ARE PROVIDED “A
S IS”
AND, T

O THE MAXIMUM EXTENT
P
ERMITTED BY APPLICABLE LAW : (i
) DARKTRACE MAKES NO WARRANTIES, CONDITIONS ,

REPRESENTATIONS OR
U

NDERTAKINGS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RELATION TO SUCH E

VALUATION PRODUCTS OR PREVIEW P
RODUCTS; A
ND (i
i) IN NO EVENT SHALL DARKTRACE BE LIABLE TO CUSTOMER OR TO T

HOSE CLAIMING THROUGH CUSTOMER F

OR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGE OR L

OSS OF ANY KIND, O

R ANY L

OSS OF PROFITS, LOSS OF CONTRACTS, BUSINESS INTERRUPTIONS, LOSS OF OR CORRUPTION OF INF

ORMATION OR DATA HOWEVER CAUSED AND WHETHER ARISING UNDER CONTRACT OR TORT (INCLUDING WITHOUT L

IMITATION NEGLIGENCE), EVEN IF DARKTRACE HAS BEEN ADVISED OF THE POSSIBIL ITY OF SUCH DAMAGES.
2 .4. IF
ANY LIMITATION, EXCLUSION, DISCLAIMER OR OTHER PROVISION CONTAINED IN CLAUSE 2 .3 A

BOVE IS HELD TO BE INVALID
F

OR ANY REASON BY A COURT OF COMPETENT JURISDICTION AND DARKTRACE BECOMES LIABLE THEREBY FOR LOSS OR D

AMAGE THAT MAY LAWF U

LLY BE LIMITED, SUCH LIABILITY WHETHER IN C O

NTRACT, TORT OR OTHERWISE, SHALL N
OT
E

XCEED T

EN THOUSAND P
OUNDS STERLING (£10
,00
0).

3. OF
FERING; OR

DER PROCESS
3 .1. D
arktrace agrees to pr
ovide t
o Customer: (i) the number a
nd type of
A
ppliances;
(ii) the Support Services; and (iii) the t
raining
t
o be provided to Customer, i
f any, ea
ch as
set out in t
he P
roduct Order Form.

T
he P
roduct Order Form m
ust be in writing and
re
ference this Agreement to be valid. T
he P
roduct Order Form w
ill be
governed by this Agreement and any di
fferent or
a
dditional terms presented with or in any communication, including but not limited to, Customer’s purchase order, a r e
dee
med null and void and of no effect unless the additional terms are agreed upon by the P arties i
n writing prior to acceptance
of
that P
roduct Order Form.

4. H

ARDWARE
4 .1. Hardw
are Products. U
nless otherwise agreed in t
he P
roduct Order Form, u
se of t
he Hardware is included in the F
ees. The
Hardw
are is provided solely as the medium for delivery and operation of the S oftware and mus
t not be used for any other
purpos
e.

Customer w
ill be g
ranted a licence t
o the Software on
the terms of C
lause 5 bel
ow.
4 .2. D
elivery. D
arktrace will use commercially reasonable efforts to ship the A ppliance(s
) on
the agreed delivery dates (i
n partial
or f
ull shipments); provided, however, that Darktrace w
ill in n
o event be liable for any delay in deli
very or for failure to give
not
ice of delay. Darktrace may withhold or delay shipment of any orde r if Customer is late in payment or is otherwise in
def
ault under this Agreement. D
arktrace w
ill deliver the A
ppliance FCA (I
ncoterms 2010) to the a
greed Si
tes. In t
he absence
of
specific shipping instructions from Customer, Darktrace will ship by the method of its choice. U
nless otherwise agreed,
C
ustomer w
ill pay a
nd be exclusively liable for all costs associated with ship pi ng and delivery including without limitation,
f
reight, shipping, customs charges and expenses, cost of special packaging or handling and insurance premiums incurred by D
arktrace in connection with the shipment of t
he Appliance(s) t
o Customer. D
arktrace will identify itself in all documents
re
lated to the shipment of t
he Appliance(s
) a
s the exporter of record from t
he applicable j
urisdict
ion of export,
and Customer
(o
r its agent, as applicable) as the importer of record into the count ry of delivery.
4 .3. T
itle to Hardware. Ti
tle to the Hardware w
ill remain w
ith Darktrace f
or the entire T
erm. U
pon termination for any reason,
or on
expiration of the Term,
Customer shall return the Hardware to Darktrace, s
ecurely and properly pa
ckaged, with carriage
(a
nd insurance at Customer’s option) prepaid . W
hilst the Hardware is in Customer’s possession , C
ustomer mus
t (a
) clearly
des
ignate the Hardware as Darktrace’s property; (b) hold the Hardware on a fiduciary basis as Darktrace’s baile e; (c) store
a
nd use the Hardware in a proper manner in conditions which adequately protect and preserve the Hardware; (d) insure the Hardw
are against all risks to its full replacement value; and (e ) not
sell, charge, pledge, mortgage or otherwise dispose of
the
Hardw
are or any part of it or permit any lien to arise over the Hardware (or part thereof) and keep the Hardware free from di
stress, execution and other legal process.

5. LI

CENCE G

RANT FOR THE SOFTWARE AND RESTRICTIONS
5 .1. L
icence G
rant f
or Software. I
n consideration of the Fee s pa
id by Customer to Darktrace , a
nd subject to the terms and
condi
tions of this Agreement and the Product Order Form, Darktrace grants to Customer a no n-ex
clusive, non-t
ransferable,
non-s
ublicensable l
icence f
or the Term to: (i) install and use the A
ppliance on the S
ite(
s) or a
n Outsource Provider’s si
te(s) for
C
ustomer’s or its Affiliate’s internal business purposes ( provided that neither Customer nor its Affiliates may use the A ppliance
or t
he Services as a commercial product or for the benefit of an unaffiliated third party); (ii) make a commercially reasonabl e
2022-147 JKS/TMM
DocuSign Envelope ID: 8B4AAB59-4887-4E59-8619-466455F90F4F

EXHIBIT A
222

V09.12.2
020 M
CA S
HRINKWRAP 3
numbe
r of copies of the Documentation; provided however
, that Customer mus
t re
produce and include all of Darktrace
's and
i
ts supplier
s' copyright notices and proprietary legends on each such copy. 5 .2. L
icence R
estrictions.

All Software is license
d, not sold. The restrictions in this Agreement represent conditions of Customer’s l
icence. U
nless otherwise s
pecified i
n the Product Order Form or
the D
ocumentation,
the Software is pre -i
nstalled on the
Hardw
are and Customer agrees to use the Software solely in conjunction with such Hardware and not separately or apart from t
he Hardware. C
ustomer specifically agrees not to: (i
) sub-l
icence,
rent, sell, lease, distribut
e or otherwise transfer the Software
or
any part thereof or use the Offering, or allow the Offering to be used, for timesharing or service bureau purposes or ot
herwise use or allow others to use for the benefit of any third party (other than C ustomer’s Af
filiates); (ii) attempt to reverse
eng
ineer, decompile, disassemble, or attempt to derive the source code or underlying ideas or algorithms of the Software or T
hird Party Software (o
ther than the GPL Software) or
any portion thereof, except as required to be pe
rmitted by applicable
l
aw; (iii) modi
fy, port, translate, locali se
or create derivative works of the Software, the Third Party Software, the D
ocumentation; (iv) use the Offering: (a) in violation of any law, statute, ordinance or regulation a pplicable to Customer
(i
ncluding but not limited to the laws and regulations governing publicity or privacy, export/import control, federal, state a nd
l
ocal laws and regulations governing the use of network scanners and related software in all jurisdictions in which systems are
s
canned or scanning is controlled, or anti -di
scrimination, in each case that are applicable to Customer); or (b) negligently,
i
ntentionally or w
ilfully pr
opagate any vi
rus, worms, T
rojan ho
rses or other programming routine intended t
o damage any
s
ystem or data; (v) remove or modify any acknowledgements, credits or legal notices contained on the A ppliance or
any part
t
hereof; (vi) i
nstall or run on the Hardware on
any s
oftware applications other than the Software and Third Party Software i
nstalled by Darktrace on such Hardware; (vii) col
lect any information from or through the Offering using any automated means (o
ther than Darktrace approved APIs), i
ncluding without limi
tation any script, spider, “screen scraping,” or “database scraping” a
pplication or gain or attempt to gain n
on-per
mitted access by any means to any Darktrace computer system, network, or da
tabase; and (vi
ii
) f
ile copyright or patent applications that in
clude the Offering or any portion thereof.
5 .3. Affi
liate Use. D
arktrace acknowledges and agrees that the Offering may be used for the benefit of Customer Affi liates
i
ncorporated on
or before the Effective Date of the Product Order Form. Such Customer Affiliates will be entitled to utilise t
he Offering in the same way as Customer under the terms of this Agreement. To the extent that any such Customer Affiliate ut
ilises the Offer i
ng in accordance with this Clause 5.3 C
ustomer (acting as agent and trustee of the relevant Customer Affi
liate) will be entitled to enforce any term of this Agreement and recover all losses suffered by such Customer Affiliate purs
uant to this Agreement as
though Customer had suffered such loss itself, provided that in no event may Customer make mul
tiple recoveries in respect of the same loss.
5 .4. O
utsource Provider. I
n the event that C
ustomer c
ontracts w
ith any t
hird party service provider(
s) s
uch as an outsourcer,
hos
ting,
managed service, or
collocation service provider or other information technology service provider for t he
per
formance of i
nformation technology f
unctions (ea
ch, an “O
utsource Provider”
), C
ustome
r ma
y permit such Outsource
P
rovider to ex
ercise all or any portion of the rights granted in C
lause 5
.1 a
bove s
olely on Customer’s or i
ts Affiliates’ behal
f,
prov
ided that, (i
) the Outsource Provider w
ill onl
y use or operate the O
ffering f
or C
ustomer’s
use s
ubject to terms and
condi
tions that are consistent with the rights and limitations set out i
n this Agreement;
and (ii) C
ustomer w
ill re
main l
iable
f
or t
he acts and omissions of the Outsource Provider under t his Agreement.
5 .5. T
hird P
arty S
oftware/ O
pen S
ource S
oftware. C
ustomer acknowledges that the Software may contain or be accompanied by ce
rtain t
hird-p
arty ha
rdware and software products or components (“T
hird Party Products”
) including Open Source Software.

A
ny O
pen Source Software pr
ovided to Customer as part of the Offering i
s copyrighted and i
s l
icensed t
o Customer unde
r
t
he GPL/LGPL and other O
pen Source Software l
icences
. Copies of, or references to, those l
icences
may be set out
i
n a Product
O
rder Form, the Third Party Product pa
ckaging or in a text file, installation file or folder accompanying the S oftware. If

del
ivery of O
pen Source Software s
ource code is required by the applicable l
icence,
Customer may obtain the complete
corre
sponding Open Source Software source code for a period of three years after Darktrace’s last shipment of the Software by
sending a request to: A
ttn: L
egal Department - O
pen Source Software Request, D
arktrace Holdings L
imited, M
aurice Wilkes
B
uilding, C
owley R
oad, Cambridge CB4 0DS, United Kingdom.

6. SE
RVICES
6 .1. Ins
tallation. D
arktrace w
ill cond
uct its standard installation and test procedures to confirm completion of the installation of t
he A
ppliance on
Customer’s or its
Outsource Prov
ider’s si
te (“I
nstallation S
ervices”
).

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6 .2. S
upport S
ervices. D
arktrace will pro
vide t
he S
tandard S
upport Services f
or the Term a
nd any Support Service Options
s
pecified in the P
roduct Order Form (col
lectively,
the “S
upport Services”
). D
arktrace’s Sup
port Ser
vices a
re f
urther de
scribed
i
n t
he S
upport Services Data Sheet,
which det
ails D
arktrace’s S
tandard S
upport Services a
nd S
upport S
ervice Options, a
nd
t
heir respective eli
gibility requirements, service limitations and Customer responsibilities. 6 .3. C
all Home.

D
arktrace’s C
all Home f
eature i
s critical for certain S
upport S
ervices. D
arktrace will limit its access solely to the
ex
tent relevant to D
arktrace's pr
ovision of the S
upport S
ervices, and such remote access w
ill b
e subject to Customer’s
reasona
ble pol
icies and procedures provided to Darktrace in writing in advance. The Call Ho me connection remains within
C
ustomer’s complete control and is initiated by the onsite A ppliance.

It can be initiated a
nd t
erminated at a
ny time by

C
ustomer.
6 .4. D
ISCLAIMER.

NLESS EXPRESSLY AGREED, THE SERVICES DO NOT INCLUDE THE MONITORING, INTERPRETATION OR C
ORRECTIVE ACTION WITH RESPECT TO ANY ALERTS GENERATED BY THE OFFERING. N

O ADVICE, R
EPORT,

OR INFORMATION,
W

HETHER ORAL OR WRITTEN, OBTAINED BY CUSTOMER FROM DARKTRA C

E OR THROUGH OR FROM THE SERVICES S
HALL
C
REATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. C USTOMER UNDERSTANDS THAT: (A
) ANY OUTCOME
O

F THE SERVICES INVOLVING SECURITY ASSESSMENT IS LIMITED TO A POINT -IN-T IME EXAMINATION OF CUSTOMER ’S
S
ECURITY STATUS ; A

ND (B) THE SERVICES DO NOT CONSTITUTE ANY FORM OF REPRESENTATION, WARRANTY OR G
UARANTEE THAT CUSTOMER’S SYSTEMS ARE SECURE FROM EVERY FORM OF ATTACK, EVEN IF FULLY IMPLEMENTED.

USTOMER UNDERSTANDS AND ACKNOWLEDGES THAT N
OT A

LL ANOMALIE S
/ INTRUSIONS MAY BE REPORTED O
R
P
REVENTED.

7. F

EES, PAYMENT AND TAXES
7 .1. F
ees. F
ees a
re stated i
n t
he P
roduct Order Form.

No refunds will be made except as provided in Clause 9 a nd Clause 1

0.3 of
this Agreement.

U
nless otherwise explicitly agreed in writing, fees a
re:
(i) ex
clusive of s
ales a
nd use t
axes a
ssessed by any
t
axing authority in the jurisdiction(s
) i
n which Customer i
s physically located and t
akes delivery of the A
ppliance o
r Services;
a
nd (i
i) ex
clusive of dut
ies and shipping a
nd handling fees, w
hich unl
ess otherwise a
greed w
ill be the responsibility of
C
ustomer. S
hould Customer be required under any law or regulation of any governmental entity or authority outside of the U
nited Kingdom to withhold or deduct any portion of the payments due to Darktrace, then Customer w ill i
ncrease the sum
pa
yable to Darktrace by t
he amount necessary to yield to Darktrace an amount equal to the sum D arktrace w
ould have
re
ceived had no withholdings or deductions been made..
7 .2. Inv
oices and Payment. U
nless otherwise stated in the Product Order Form, C
ustomer will be invoiced the Fees from
the
commen
cement da
te s
pecified i
n the P
roduct Order F
orm (t
he “C
ommencement Date”).

A
ny other charges,
such as out
of
pock
et expenses will be invoiced monthly in arrears. Invoicing will occur via email. Unless otherwise agreed in t he P
roduct
O
rder Form,
Customer agrees to pay all undi
sputed a
mounts within t
hirty (30) da
ys of C
ustomer’s receipt of the applicable
i
nvoice by direct bank or w
ire transfer in accordance with the instructions on the invoice, and any bank charges a ssessed on
C
ustomer b
y Customer’s bank . U

NLESS PAYMENTS ARE MADE BY B

ANK OR W

IRE TRANSFER , T

HEY MUST BE MADE
A
NNUALLY IN ADVANCE. Darktrace may suspend or cancel performance of open orders or Services if Customer fails to make pa
yments when due, reserving all other rights and remedies as may be provided by law. D arktrace may impose late charges
on
overdue payments at a rate equal to two percent (2%) per annum above the official dealing rate of the Bank of England, cal
culated from the date payment was due until the date payment is made, a nd all re
asonable ex
penses incurred in collection,
i
ncluding
l
egal f
ees.
7 .3. L
apsed Fees .

If C
ustomer has lapsed i
n the payment of Fees due hereunder , D
arktrace may s
uspend the provision of
S
ervices and pri
or to recommencement of the Services by Darktrace , C
ustomer will be responsible for paying all fees
a
ssociated with the Offering from the date such Services were s topped through to the then-cur
rent date.
7 .4. C
lause 7 shall not apply where Customer has purchased the Offering through a Darktrace authorised reseller.

8. I

NTELLECTUAL P
ROPERTY; OW

NERSHIP
8 .1. Int
ellectual Property.

Except as expressly set forth herein: (i
) t
his Agreement does not grant either Party any rights, implied or
otherwise, to the other’s Intellectual Property ;
and (ii) D
arktrace, i
ts suppliers a
nd licensors, re
tain all right, title a
nd
i
nterest i
n and t
o the Offering , a
nd t
he Documentation and all copies thereof, i
ncluding all enhancements, error correction,
new
releases, updates, derivations, and modifications thereto (collectively, “ D arktrace Intellectual Property”
). C
ustomer
a
grees to inform Darktrace promptly of any infringement or other improper action with respect to Darktrace Intellectual P
roperty that comes to Customer’s attention.
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9. W

ARRANTIES
9 .1. Hardw
are Warranty. D
arktrace warrants to Customer that during the two (2)
year period f
rom the da
te of
del
ivery of the
A
ppliance, t
he Hardw
are will per
form ma
terially i
n accordance with the applicable D
atasheet.
9 .2. S
oftware Warranty. D
arktrace warrants to Customer that duri
ng a period of ninety (90) days from the da
te of del
ivery of
t
he A
ppliance, t
he Software will perform materially in accordance with the applicable D atasheet.
9 .3 S
ervices Warranty. D
arktrace warrants to Customer that all Services will be per formed with all reasonable care, skill and
di
ligence in accorda
nce with generally recognised c
ommercial practices and standards.
9 .4 E
xceptions. T
he warranties contained in Clause 9
.1 a
nd Clause 9
.2 a
bove w
ill not
apply if: (i) C
ustomer’s use of the Offering
i
s not in accordance with this Agreement; (ii) C
ustomer fails to follow Darktrace’s environmental, installation, operation or ma
intenance instructions or procedures in the D
ocumentation; (iii) t
he Appliance has bee
n subject to Customer ’s (o
r its
a
gent’s) abuse, negligence, improper storage, servicing or operation (including without limitation use with incompatible equi
pment), reasonable wear and tear excepted; (iv) the A
pplia
nce has bee
n modified, repaired or improperly installed
ot
her than by Darktrace or any contractor or subcontractor of Darktrace; (v) C ustomer (or its agent) has failed to
i
mplement, or to allow Darktrace or its agents to implement, any corrections or modi f ications to the A
ppliance ma
de
a
vailable to Customer by Darktrace; or (vi) C
ustomer (or its agent) has combined the A
ppliance w
ith other software,
s
ervices, or products that are not provided by Darktrace or not otherwise specified in the Documentation, and, but for such
combi
nation, the breach of warranty would have been avoided. 9 .5 R
emedies. If
during the applicable warranty period contained in Clause 9 .1 or
Clause 9
.2 a
bove:
(i) Darktrace is notified
prompt
ly in writing upon discovery of an error in any
of the A
ppliance,
including a detailed description of such alleged error; a
nd (ii) D
arktrace’s i
nspections and tests determine that the A
ppliance cont
ains a
n er
ror and i
t is no
t subject to any of the
ex
ceptions s
et out
i
n Clause 9
.4, t
hen, as Darktrace’s entire liability and Customer’s sole remedy for such breach of w
arranty, Darktrace w
ill (a
t Darktrace’s option and sole expense) correct, repair or replace the A ppliance w
ithin a
re
asonable time or provide or authori se
a refund of
the unus
ed portion of
the Fees C
ustomer has pa
id for the Offering
f
ollowing the return of the A
ppliance t
o Darktrace and the Agreement will terminate. A
ny items provided as replacement
under
the terms of t
he applicable w
arranty will be warranted for the remai
nder of s
uch ori
ginal warranty period. Darktrace
w
ill pay for, and will bear all risk of loss of or damage to, the return shipment of the A ppliance t
o Darktrace and the shipment
of
repaired or replaced t
he Appliance t
o Customer. C
ustomer agrees to provide prompt notice of any failure under Clause 9 .3 a
nd Darktrace will re-per
form any Ser
vice that fails to meet the warranted s
tandard.
9 .6 D
ISCLAIMER. E

XCEPT FOR THE EXPRESS WARRANTIES SET O
UT IN

THIS AGREEMENT, A
ND T

O THE FULLEST EXTENT
P

ERMITTED BY LAW, N

EITHER DARKTRACE NOR ANY OF ITS THIRD P

ARTY LICENSORS O
R S

UPPLIERS MAKE ANY
W

ARRANTIES, CONDITIONS, UNDERTAKINGS OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, S

TATUTORY OR OTHERWISE IN RELATION TO ANY S U

BJECT MATTER OF THIS AGREEMENT, INCLUDING WITHOUT
L

IMITATION ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A P

ARTICULAR PURPOSE, NON-INF
RINGEMENT OR ARISING FROM COURSE OF PERFORMANCE, DEALING, USAGE OR TRADE..

ARKTRACE DOES NOT WARRANT THAT THE OPERATION OF THE OFFERING WILL BE ERROR-F REE OR UNINTERRUPTED.

10. I

NTELLECTUAL PROPERTY RIGHTS INFRINGEMENT INDEMNITY
1 0.1. D
arktrace Indemnity. D
arktrace will indemnify C
ustomer, Customer’s Affiliates, and their respective officers, directors, a nd
emplo
yees (and any successors and assigns of the foregoing) (collectively, the “ C ustomer Indemnitees ”
) against all
l
iabilities, damages, and costs (including settlement costs and reasonable attorneys’ fees) arising out of a third party claim t
hat the S
oftware prov
ided or made available by Darktrace under this Agreement , or its receipt, possession or use by any C
ustomer Indemnitee, infringes a
European or U.S. patent, a
ny copyright
, or misappropriates any third party trade secrets.

T
he indemnification obligations of Darktrace w
ill be
subject to Customer: (i) not
ifying Darktrace i
n writing w
ithin twenty
(2
0) days of receiving notice of any threat or claim of such action; (ii) g iving
Darktrace exclusive control and authority over
t
he defence or
settlement of such action (provided that:
(A) a
ny s
ettlement w
ill no
t entail an admission of fault or guilt by
a
ny Customer Indemnitee; a
nd (B)
the settlement includes, as an unconditional term, the claimant’s or the plaintiff’s release of
Customer Indemnitees from all liability in respect of the claim); (iii) not entering into any settlement or compromise of a
ny such action without Darktrace’s pri
or written consent; and (iv) providing reasonable assistance requested by Darktrace a
t Darktrace’s expense. C
ustomer w
ill be obl
iged to mitigate its losses insofar as is reasonable in the circumstances. 1 0.2. E
xclusions. T
he obligations set out
i
n Clause 1

0.1 do
not apply to the extent that a third party claim is caused by, or results f
rom: (a) Customer’s combination or use of the S
oftware t
hat is the subject of the claim with other software, services, or 2022-147 JKS/TMM
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product
s that are not prov
ided or
authorised by
Darktrace i
n writing,
if the claim would have been avoided by the non -
combi
ned or independent use of the S
oftware t
hat is the subject of the claim; (b) modification of the S oftware t
hat is the
s
ubject of the claim by anyone other t
han Darktrace or any contractor or subcontractor of Darktrace, if the third party claim w
ould have been avoided by use of the unmodified Offering or other intellectual property that is the subject of the claim; (c)
Customer’s continued allegedly infringi ng
activity after being notified thereof and being provided with modifications t
hat would have avoided the alleged infringement (which i n implementing such modifications, D
arktrace w
ill us
e
comme
rcially reasonable efforts to have substantially preserve the ut ility and functionality of the Offering or other
i
ntellectual property that is the subject of the claim); (d) Customer’s use of the S oftware t
hat is the subject of the claim in
a
manner not in accordance with this Agreement or the Documentation; (e) use of other than Darktrace’s most current
re
lease of the S
oftware t
hat is the subject of the claim if the third party claim would have been avoided by use of the most cur
rent release or revision release or revision.
1 0.3. R
emedies. If
Darktrace reasonably believes the S
oftware i
nfringes a third party’s Int
ellectual Propert
y Ri
ghts, then
D
arktrace will, a
t its option and a
t no additional cost to Customer: (a) procure for Customer the right to continue to use the S
oftware;
(b) replace t
he S
oftware;
or (c) modify the S
oftware t
o avoid the alleged infringement. If none of the options in t
he previous sentence are commercially reasonable, Darktrace may terminate the l icence f
or the allegedly infringing
S
oftware a
nd refund a pro
rata refund of
the Fees paid by Cus
tomer f
rom t
he date a third pa
rty claim a
rose f
or the allegedly
i
nfringing S
oftware t
o the then-cur
rent date, wher
eupon this Agreement w
ill a
utomatically terminate.
1 0.4. T
HIS CLAUSE 10 IS
A COMPLETE STATEMENT OF THE CUSTOMER’S REMEDIES FOR THIRD PARTY CLAIMS FOR INFRINGEMENT A
S DESCRIBED IN CLAUSE 1

0.1. 11. C

USTOMER D
ATA; C

USTOMER U

NDERTAKINGS A
ND I

NDEMNITY
1 1.1. C
ustomer Data; L
icence G
rant. C
ustomer w
ill ow
n all right, title and interest in and to the Customer Data and to the extent s
uch Customer Data is included in a Report, t
he a
ctual content of s
uch R
eport. F
or any Customer Data stored on
the
A
ppliance,
to the extent required to provide the Services, C
ustomer grants to Darktrace a limited, a
nd non-ex
clusive l
icence
to a
ccess and us
e the Customer Data only to the extent necessary for Darktrace to perform the Ser vices. C
ustomer agrees
D
arktrace may u
tilise
the details of any A
lerts occur
ring in Customer’s network a
nd any connected data source t
o develop
t
he Offering on
an a
nonymised ba
sis a
nd ex
cluding a
ny C
ustomer Confidential Information.
1 1.2. C
ustomer S
ecurity Obligations. In
using the Offering or authori si
ng its Outsource Provider and third parties to use it on C
ustomer’s behalf, Customer (and not Darktrace) w
ill be
responsible for establishing, monitoring, and implementing s
ecurity practices to control the physical access to and use of the Offering and all Customer Data therein, i ncluding P
ersonal
D
ata.
1 1.3. D
ATA DISCLAIMER; INDEMNITY. C

USTOMER IS SOLELY RESPONSIBLE F

OR ITS USE OF THE OFFERING, THE ACTIVITIES OF ITS
U
SERS AND FOR THE ACCURACY, INTEGRITY, LEGALITY, RELIABILITY AND APPROPRIATENESS OF ALL CUSTOMER DATA.

USTOMER EXPRESSLY RECOGNISE

S THAT DARKTRACE DOES NOT CREATE OR ENDORSE ANY CUSTOMER DATA PROCESSED BY O
R USED IN CONJUNCTION WITH THE OFFERING. C

USTOMER FURTHER ACKNOWLEDGES T

HAT DARKTRACE AND ITS
A

FFILIATES DO NOT PROVIDE BACKUP SERVICES FOR CUSTOMER DATA AND CUSTOMER UNDERTAKES THAT IT S
HALL B
E
S
OLELY RESPONSIBLE FOR BACKUP OF ALL CUSTOMER DATA. Customer w ill,
at Customer’s own ex
pense, indemnify, defend
a
nd hold Darktrace, its Affiliates, and their respective officers, directors, a nd emplo
yees, (“ D
arktrace Indemnitees ”
)
ha
rmless from and against all liabilities, damages, and costs , i ncluding s
ettlement costs and reasonable attorneys’ fees ,
i
ncurred by reason of Dar kt
race's compliance with the instructions of Customer with respect to the ownership, custody, proce
ssing or disposition of the Customer Data by
Darktrace, a
s applicable.

12. LI

MITATION OF LI

ABILITY
1 2.1. L
IMITATION OF LIABILITY . S

UBJECT TO THE R

EMAINDER OF T
HIS CLAUSE 12, E
ACH PARTY’S MAXIMUM LIABILITY TO THE
O

THER PARTY FOR ANY AND A
LL C

LAIMS, L

OSS OR DAMAGE ,

WHETHER IN

CONTRACT, TORT (INCLUDING NEGLIGENCE),
B

REACH OF STATUTORY DUTY, OR OTHERWISE, A

RISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT S
HALL N
OT
E

XCEED, IN THE AGGREGATE, THE TOTAL AMOUNT OF ALL FEES PAID OR PAYABLE TO DARKTRACE FOR THE OFFERING D

URING THE
THEN-A

PPLICABLE TERM, EXCEPT THAT IN RESPECT OF (I) C
LAUSE 1

1.3 (“D
ATA DISCLAIMER; INDEMNITY”)
A

ND (II) C
LAUSE 15 (“D
ATA PROTECTION”) EA
CH P
ARTY’S L

IABILITY T

O THE OTHER F

OR ALL SUCH BREACHES S
HALL N
OT
E

XCEED, IN THE AGGREGATE , T

HE GREATER OF (A)
THREE TIMES (3X) TOTAL FEES PAID OR PAYABLE TO DARKTRACE FOR T

HE OFFERING DURING THE THEN -A

PPLICABLE TERM OR ( B)

TWO HUNDRED AND FIFTY THOUSAND POUNDS STERLING
(£
250,000).
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1 2.2. E

XCLUSION OF C
ONSEQUENTIAL DAMAGES. S
UBJECT TO CLAUSE 12.3 BELOW , N

EITHER PARTY S
HALL B

E LIABLE TO T
HE
O
THER F
OR ANY INDRECT OR CONSEQUENTIAL LOSS; OR ANY L
OSS OF PROFITS; LOSS OF REVENUE OR BUSINESS; LOSS OF
G
OODWILL OR REPUTATION; LOSS OF OR CORRUPTION OR DAMAGE TO D ATA; LOSS OF MANAGEMENT TIME, HO

WSOEVER
A

RISING AND W

HETHER OR NOT S

UCH PARTY HAD

BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, CORRUPTION OR D
AMAGE.
1 2.3. E
xclusions from Limitation of Liability. N
othing i
n this Agreement w
ill exclude or limit either P
arty’s liability f
or: (i
) f
or death
or pers
onal injury due t
o negligence;
(ii) f
raud; (i
ii) bre
ach of Cl
ause 14 (“C
onfidentiality”); (iv
) bre
ach of Clause 5 (“L
icence
G
rant for the Software and Restrictions”), o
r (v) f
or any other matter in respect of w
hich liability cannot lawfully be limited
or ex
cluded.

13. T
ERM; T

ERMINATION
1 3.1. T
erm. T
his Agreement is effective from the Effective Date and w ill re
main in force until: (i) expiry of the Evaluation Period i
n accordance with Clause 2.1 a
bove; or
(ii) the end of the ter
m specified in a Product Order Form (
as applicable the “T
erm”
).

In t
he event of ex
tension or re
newal of t
he Product Order Form, such extension or renewal shall be considered a new and s
eparate Term.
1 3.2. E
xpiration of the Term . N
otwithstanding any provision of this Clause 13, C
ustomer’s right to use, and Customer’s access
t
o, the A
ppliance w
ill automatically terminate on expiry of the Term unless and until Customer renews or ex tends t
he Term
f
or the Appl
iance.
1 3.3. T
ermination for Breach . E
ither Party may terminate this Agreement if: (i) the other Party is in material breach of the A
greement and fails to cure s
uch br
each within t
hirty (30) da
ys after receipt of written notice; or (ii) the other Party ceases i
ts business operations or become s
subject to insolvency proceedings ,
which proce
edings are not dismissed within t
hirty
(30) da
ys.
1 3.4. T
ermination or Suspension by Darktrace. W
ithout prejudice to any other right or remedy available to Darktrace:
1 3.4.1. D
arktrace may re
strict, suspend or t
erminate C
ustomer’s l
icence or us
e of the Offering w
ithout liability if a court or
ot
her g
overnment a
uthority issues an order prohibiting Darktrace from furnishing the Offering to Customer.

C
ustomer’s obligation to pay Fees during any per
iod of suspension under this Clause 13.4.1 w
ill a
lso be suspended.

In
the event the Offering is suspended pursuant to this Clause 1

3.4.1 t
hen provided i
t is lawful to do so, Darktrace
w
ill i
nform Customer of the reasons for the suspension and w
ill w
ork
with Customer to resolve such issues and re -
i
nstate the Offering.
1 3.4.2. Addi
tionally, Darktrace may t
erminate, s
uspend or
limit C
ustomer’s l
icence g
rant or us
e of the Offering w
ithout
l
iability if Darktrace provides Customer with written notice that i t has a reasonable suspicion that C
ustomer is using
t
he Offering: (i
) in breach of C
lause 5.1 or C
lause 5.2;
or (ii) in a manner that is otherwise unlawful, a
nd i
n each case
C
ustomer does
not cure the condition identified in such notice within five (5) business days. 1 3.5. E
ffect of Termination. U
pon termination or ex
piration of
this Agreement:
1 3.5.1. The
Term and all other rights and l
icences
granted by one Party to the other, a
nd a
ny Ser
vices provided by Darktrace
t
o Customer, will cease immediately;
1 3.5.2. C
ustomer shall ensure all Customer Data is removed from the Appliance and return the Appliance to Darktrace in a
ccordance with Clause 4.3. DAR

KTRACE WILL NOT BE RESPONSIBLE FOR MAINTAINING OR PROTECTING ANY C

ONFIGURATION S

ETTINGS OR DATA FOUND ON THE RETURNED HARDWARE OR COMPONENT PART OF THE HAR
DWARE AND IT IS CUSTOMER'S SOLE RESPONSIBILITY TO DELETE ANY SUCH INFORMATION PRIOR TO RETURN; a
nd
1 3.5.3. All undi
sputed F
ees owing to Darktrace at the date on which termination takes effect will become due and payable. 1 3.6. S
urvival. T
he following provisions w
ill s
urvive any termination of this Agreement: Clause 2 (“
Evaluations
and Beta
T
esting”)”;
Clause 5 (“L
icence G
rant For the Software a
nd R
estrictions”); C
lause 7 (“Fees, Payments and Taxes”); C
lause 8
(“
Intellectual Property; Ownership” );
Clause 9
.6 (“
Disclaimer”);
Clau s
e 10 (“
Intellectual Property Rights Infringement
Indemni
ty”);
Clause 1

1.3 (“
Data Disclaimer ; Indemni
ty”);
Clause 12 (“
Limitation of Liability” );
Clause 1

3.5 (“
Effect of
T
ermination”); C
lause 1

3.6 (“
Survival”); C
lause 14 (“
Confidentiality;”);
Clause 1
5 (“
Data Protection”); and Clause 16
(“
General Provisions”).
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14. C

ONFIDENTIALITY
1 4.1. E
ach party will treat the other party’s Confidential Information as confidential. C onfidential Information of
one Party (the
“D
isclosing Party”
) may onl
y be used by
the other Party (the “ R
eceiving Party”) f
or the purpose of fulfilling obligations or
ex
ercis
ing rights under this Agreement, and ma
y only be s
hared with employees, agents or contractors of
the Receiving
P
arty who have a
need to know such information to support s
uch purpos
e (“R
epresentatives”). E
ach P
arty w
ill procure
t
hat any of its R
epresentatives t
o whom Confidential Information is disclosed are bound by contractual obligations equi
valent to those in this Clause 1

4.1. N
otwithstanding the foregoing, the Receiving Party shall remain liable for the acts or
omissions of its Representatives. C
onfidential Inf
ormation will be protected using a reasonable degree of care to prevent una
uthorised
use or discl
osure for f
ive (5) y
ears from the date of receipt or (if longer) for such period as the information re
mains confidential. T
hese obligations do not cover information that: (i) was known or becomes known to the Rec eiving
P
arty on
a non-con
fidential basis from a third party,
provided that: (a) t
he Rec
eiving Party h
as no knowledge that t
he third
pa
rty i
s subject to a confidential i
ty agreement w
ith the Disclosing Party in respect of the information ; a nd ( b)
such
i
nformation is not of a type or character that a reasonable person would have regarded it as confidential; (ii) is i
ndependently developed by the Rec
eiving P
arty w
ithout viol
ating the Di
sclosing Party’s rights; (iii) is or becomes publicly
k
nown other than through disclosure by
the Receiving Party or one if its Representatives in breach of this Agreement ; or

(i
v) w
as lawfully in the possession of the Receiving Party before t he information was disclosed by the Disclosing Party. A
pa
rty may disclose Confidential Information to the extent di sclosure is required by law or a governmental agency provided t
hat, t
o the extent i
t is lawful to do so, t
he Rec
eiving Party notifi
es t
he Di
sclosing Party of the request giving it reasonable
oppo
rtunity to respond, and cooperate with the Di
sclosing Party’s reasonable, lawful efforts to resist, limit or delay di
sclosure at the Di
sclosing Party’s expense, and except for making such requir ed disclosure, such information w
ill
ot
herwise continue to be Confidential Information. O
n termination of the Agreement, each Party will promptly return or des
troy all Confidential Information of the other Party.

15. D
ATA P

ROTECTION
1 5.1. T
he Parties acknowledge that
the Offering may be used to process Per
sonal Da
ta re
gulated by t
he D
ata Privacy Laws and t
he
P
arties shall comply with the data processing requirements as set out in Appendix 2.

16. G

ENERAL P

ROVISIONS
1 6.1. E
ntire Agreement; Integration.
1 6.1.1. T
his Agreement, the appendices and any documents referenced herein, represent the entire agreement between t
he Parties on the subject matter hereof and supersedes all prior discussions, agreements and understandings of ever
y kind and nature between the Par t
ies and excludes, without limitation, any terms appearing on a purchase order,
invoice or other Customer paperwork or any other terms (in each case whether by way of conduct or ot
herwise). No modification of this Agreement w
ill be e
ffective unless in writing and signed by both Parties. Each P
arty a
cknowledges and agrees that, in connection with the Agreement, it has not been induced to enter into the A
greement in reliance upon, and does not have any remedy in respect of, any repre sentation or other promise of
a
ny nature other than as expressly set out in this Agreement. Each Party signing this Agreement acknowledges that i
t has had t
he oppo
rtunity to review this Agreement with legal counsel of its choice and there will be no pres
umption that ambiguities will be construed or interpreted against the drafter. 1 6.1.2. U
nless ot
herwise specifically agreed to in a w ri
ting signed by each of the P a
rties, i
n the event of a
ny conflict or
i
nconsistency between this Agreement, an appendix hereto, any Product Order Form issued hereunder, and or any
docume
nt incorporated by reference, the order of pre
cedence of
the documents f
rom hi
ghest to lowest is the
P
roduct Order Form, this A
greement, any appendix hereto a
nd t
he documents incorporated by reference.
1 6.2. S
everability. T
he illegality or unenforceability of any provision of this Agreement w ill not
affect the validity and
enf
orceability of any legal and enforceable provisions hereof. 1 6.3. F
orce Majeure. N
either Party w
ill be
liable for any failure or delay in performing services or any other obligation under t
his Agreement, nor for any damages suffe re
d by the other or a C
ustomer by
reason of such failure or delay, which is,
i
ndirectly or directly, caused by an event beyond such Party’s reasonable control, riots, natural catastrophes, terrorist a
cts, governmental intervention, refusal of l
icences
by a
ny g
overnment or other government a
gency,
or other acts of god

(ea
ch, a “F
orce Majeure Event”
), and such non-per
formance, hindrance or delay could not have been avoided by the non- per
forming Party through commercially reasonable precautions and cannot be ov ercome by the non -per
forming Party
t
hrough commercially reasonable substitute services, alternate sources, workarounds or other means. During the 2022-147 JKS/TMM
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cont
inuation of a Force Majeure Event, the non -per
forming Party will use commercially reasonable efforts to o vercome
t
he Force Majeure Event and, t
o the extent it is able, continue to perform its obligations under the Agreement. 1 6.4. N
otices. A
ny notice w
ill be
delivered by hand or sent by recorded delivery, registered post or registered airmail and s
atisfactory proof
of such delivery must be retained by the sender. All notices w ill onl
y become effective on actual receipt.

A
ny notices required to be given in writing to Darktrace or any questions concerning this Agreement should be addressed to:

Attn: Legal Department, D
arktrace Holdings Limited , M
aurice Wilkes Building , C
owley R
oad, Cambridge CB4 0DS ,
U
nited Kingdom.
1 6.5. R
ights of Third Parties. T
he provisions of this Agreement concerning restrictions on usage of the Offering and protection of
Int
ellectual Property Rights are for the benefit of and may be enforced by each of Darktrace , a ny Darktrace Af
filiate
a
nd the Darktrace Indemnitees .

Except for the foregoing sentence, or
as otherwise ex
pressly set out in the Agreement,
t
his Agreement does not
create any rights for any person who is not a party to it and no person who is not a party to this A
greement may enforce any of its terms or rely on any exclusion or limitation contained herein. 1 6.6. A
udit. C
ustomer w
ill per
mit Darktrace or an independent certified accountant appointed by Darktrace access, on written not
ice, to Customer’s premises and Customer’s books of account and records at any time during normal business hours f
or the purpose of inspecting, auditing, veri
fying or monitoring the manner and performance of Customer’s obligations under t
his Agreement. Darktrace w
ill not
be able to exercise this right more than twice in each calendar year. 1 6.7. Independe
nt Contractors. T
he P
arti
es are independent contractors. N
othing in this Agreement w
ill be
construed to create
a
partnership, joint venture, or agency relationship between the P arti
es.
1 6.8. A
ssignment. T
his Agreement may not be assigned by either Party without the written consent of the other Party.

N
otwithstanding
the foregoing, consent of the other Party w
ill not
be required for a transfer to an Affiliate of a Party or if a
Party undertakes an initial public offering, a sale of all or substantially all of its shares or assigns all or substantiall y all of
i
ts busines
s and assets to another entity that is not a direct competitor of the non-a ssigning P
arty
. Any attempt to assign
t
his Agreement in violation of the foregoing w
ill be
null and void. T
his Agreement binds the Parties, their respective
Af
filiates, s
uccessors and permitted assigns.
1 6.9. G
overning Law. A
ny dispute or cl
aim relating in any way to this Agreement w
ill be governed by the Governing Law, a
nd
a
djudicated in the G
overning Courts, a
s def
ined i
n the table bel
ow, and each
Party cons
ents t
o the ex
cl
usive jurisdiction
a
nd venue t
hereof;
save that (i) each
party may enforce its or its Af
filiates’ intellectual property rights in any court of
compe
tent jurisdiction, including but not limited to equitable relief and (ii) Darktrace or its Affiliate may, b ri ng suit for
pa
yment in the country where the Customer Affiliate that placed the Product Order Form is located. W here arbitration
a
pplies i
t shall be conducted in English, under the Rules of Arbitration of the International Chamber of Commerce ( the
“
ICC”) by
three arbitrators in accordance with A
rt 12 of s
aid Rules. The a
ward shall be final and binding on the Parties.

E
xcept to the extent entry of judgment and any subsequent enforcement may require disclosure, all matters relating to t
he arbitrat
ion, including the award, shall be held in confidence. C ustomer and Darktrace agree that the United Nations
C
onvention on Contracts for the International Sale of Goods will not apply.

C
ustomer location (as stated in the
P
roduct Order Form)
G
overning Law G
overning Courts
U
nited Kingdom T
he laws of England & Wales T
he courts of England & Wales
U
nited States of America T
he laws of the state of
C
alifornia
T
he state or Federal courts in San
F
rancisco, C
alifornia
N
one of the above T
he laws of E
ngland & Wales A
rbitration at the IC
C i
n London

1 6.10. E
xport Restrictions. T
he Offering is for Customer’s use and not for further commerciali sa tion. C
ustomer acknowledges
t
hat the Offering may be classified and controlled as encryption items under the United Kingdom’s Export Regulations a
nd other national regulations. E
ach Pa
rty will comply with all applicable laws regarding export-con trolled items, and
will
not
export, re -e
xport or import, directly or indirectly, any export -cont rolled items, or any direct product of them, nor
undert
ake any transaction hereunder in violation of any applicable export laws.

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1 6.11. IT
AR. C
ustomer understands that employees of
Darktrace
and/or its suppl
iers may have access to native data to perform
t
he S
upport Services her
ein and represents that none of this data requires protection from access by foreign persons bec
ause it contains technical information regarding def
ence a
rticl
es or def
ence s
ervices within the meaning of the United
S
tates International Traffic in Arms Regulations (22 CFR § 1 20) or technical data within the meaning of the United States E
xport Administration Regulations (15 CFR §§ 730 - 7
74). I
f any of this data does contain any such information, Customer w
ill either lock down access to any such data and/or identify any folders containing such data as ex port-con
trolled
i
nformation and acknowledges that special service rates may apply thereto. 1 6.12. Gov
ernment End-U
ser Notice (a
pplicable to United States government customers only). T he Offering is commercial within
t
he meaning of the applicable civilian and military Federal acquisition regulations and any supplements thereto. If the us
er of the A
ppliance
i
s an agency, department, employee, or other entity of the United States Government, the use, dupl
ication, reproduction, release, modification, disclosure, or transfer of the A ppliance,
including technical data or
ma
nuals, is governed by the terms, con di
tions and covenants contained in the Darktrace standard commercial l icence
a
greement, as contained herein.
1 6.13. W
aiver. E
ach Party agrees that the failure of the other Party at any time to require performance by such Party of any of t
he provisions herein w
ill not
operate as a waiver of the rights of such Party to request strict performance of the same or l
ike provisions, or a
ny other provisions hereof, at a later time.
1 6.14. He
adings. A
ll headings used herein are for convenience of reference only and w ill not
in any way affect the interpretation
of
this Agreement.
1 6.15. E
quitable Remedies. T
he Parties agree that with respect to a breach by
a Party of Clauses 5, 8 or
14, m
onetary damages
ma
y not
be a
n adequate or sufficient remedy for a breach of t
his Agreement. Therefore, in addition to any applicable monet
ary damages, a Pa
rty w
ill a
lso be entitled to apply for injunct
ive relief and other equitable re
lief to prevent breaches
of
the Agreement, w
ithout proof of actual damage.
2022-147 JKS/TMM
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A
ppendix 1 – D
efinitions

1. D
EFINITIONS:
1 .1. D
efined T
erms. T
erms d
efined in t
his A
ppendix 1 w
ill ha
ve t
he m
eanings g
iven bel
ow. D
efined t
erms ma
y be us
ed in t
he s
ingular
or pl
ural depe
nding on the context.
“Affi
liate” means
any corporation or other business entity that directly or indirectly controls, is controlled by or is under common
control with a P
arty
. Control means direct or indirect ownership of or other beneficial interest in fifty percent (50%) or more of
the vo
ting stock, other vesting interest, or income of a corporation or other business entity; “A
lerts” means f
eatures of t
he S
oftware t
hat g
enerates a
lerts of s
uspected ma
licious a
ctivity on a C
ustomer’s net
work;
“A
ppliance(s)” means t
he S
oftware, or S
oftware combined with Hardware, as more fully described on the Product Order Form “C
all Home”
means the s
ecure and encrypted channel t
hat con
nects the A
ppliance t
o Darktrace central management;
“C
onfidential I
nformation” m
eans any information, however co nvey
ed or presented, that relates to the business, affairs, opera
tions, customers, s
uppliers, pro
cesses, budgets, pricing policies, product information, strategies, developments, trade s
ecrets, Int
ellectual Property, and k
now-ho
w of
a Party, a
nd any other information clearly designated by a Pa
rty as being
conf
idential to it (whether or not it is marked "confidential"), a nd information t
hat oug
ht reasonably be considered to be
conf
idential, but i
n all circumstances ex
cludes any Personal Data.
“C
ustomer D
ata” m
eans all data and information provided by Customer to,
or accessible by, D
arktrace under this Agreement
i
n connection with the performance of the Services (w
hich may include information about network traffic on Customer’s net
work (metrics), l
og/metadata collection, as well as the raw packet capture data from Customer’s network); “D
atasheet”
means the document providing the specification for the Hardware, Software or Services, as applicable and as ma
y be updated by Darktrace from time to t
ime;
“D
ata Privacy L
aws” mea
ns the Data Protection Act 2018, t
he Privacy and Electronic Communications (EC Directive) R
egulations 2003, t
he General Data Protection Regulation (Regulation (EU) 2016/679) (“G DPR”), t
he California Consumer
P
rivacy Act of 2
018 (“C
CPA”
), a
nd laws of similar purpose or effect in any relevant jurisdiction, in each case as amended, upda
ted, re-ena
cted or replaced from time to time;

“D
ocumentation” means
user manuals for the A
ppliance co
nsisting of the applicable installation guides, D
atasheets; s
ervice
des
criptions, technical specifications and online help files provided by Darktrace or available on Darktrace’s online portal, a s
ma
y be updated by Darktrace f
rom time to time;
“E
ffective D
ate”
means the Effective Date specified in the Product Order Form; “E
U Model Clauses” mean
s the standard contractual clauses f
or the transfer of personal data to processors established in third count
ries which do not ensure an adequate level of data prot ec tion under Directive 95/46/EC, pursuant to the European C
ommission Decision of 5 February 2010;
"F
ees" mean
s all a
pplicable f
ees as s
et out in t
he P
roduct O
rder F
orm;
“G
PL Software” means
third party software provided by D
arktrace on
the Hardware to support use of the Software t
hat i
s
l
icensed
directly to Customer and the relevant Customer Affiliates by the relevant rights holder on the terms of the version i
ncluded or provided with it of the GNU General Public L icence,
GNU Lesser General Public L
icence or
other comparable
l
icence.
“Hard
ware” means a
ny ha
rdware device (i
ncluding embe
dded f
irmware) s
hipped a
nd i
nstalled as pa
rt of t
he O
ffering;
“Inf
ormation S
ecurity S
tandards” means
Darktrace’s information security code of conduct, as amended from time to time in D
arktrace’s sole di
scretion and available upon request;
“Int
ellectual P
roperty” means
patents, trademarks, service marks, rights (registered or unregistered) in any designs, a
pplications for any of the foregoing, trade or business names, copyright (including rights in computer software) and t
opography rights, know-how
and other propriet
ary knowledge and information, internet domain names, rights protecting g
oodwill and reputation, database rights (including rights of extraction) and all rights and forms of protection of a similar na
ture to any of the foregoing or having equivalent effec t anywhere in the world and all rights under l
icences
and consents
i
n respect of any of the rights and forms of protection mentioned in this definition (and “Int ellectual Property Rights” w
ill be

cons
trued accordingly);
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V20.10.2
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“O
ffering” mean
s c
ollectively t
he A
ppliance(s), S
oftware, S
ervices a
nd t
he D
ocumentation;
“O
pen S
ource S
oftware” m
eans third party software that Darktrace distributes with the Software pursuant to a l icence t
hat
re
quires, as a condition of use, modification or distribution of such software, that the software or other software combined a
nd/or distributed with it be: (i
) disclosed or distributed in source code form; (ii) licensed for the purpose of making deriva
tive
w
orks; (iii) redistributable at no charge; or (iv) redistributable but subject to other limitations; “P
roduct O
rder F
orm” ha
s the meaning set forth in the introductory paragraphs; “P
ersonal D
ata” means
, g
enerally, i
nformation r
elating to an i
dentified or i
dentifiable na
tural pe
rson, or ot
her re
gulated
da
ta t
ypes a
s defined by a
pplicable D
ata Privacy La
ws;
“Ser
vices” m
eans the Darktrace Support Services, and any Installation Services, training or professional services which may be prov
ided by Darktrace as specified in the Product Order Form; “S
upport S
ervice O
ptions”
means t
he optional s
upport s
ervices, if any, a
s s
peci
fied i
n t
he P
roduct Order Form and f
urther
des
cribed in t
he S
upport Services Data Sheet;
“S
ite(s)” means t
he C
ustomer’s business location or i
ts da
tacentre at t
he l
ocations de
scribed in a P
roduct O
rder F
orm;
“S
oftware” means t
he D
arktrace a
nd the T
hird Party Software (i
n ob
ject code f
orm) d
elivered to C
ustomer as pa
rt of t
he
O
ffering or on a s
tandalone ba
sis, t
ogether w
ith all enha
ncements, er
ror cor
rections, a
nd/or upda
tes w
hich a
re g
enerally
ma
de a
vailable by D
arktrace as pa
rt of
the O
ffering. T
he GPL Software does not form part of the Software and is licensed

t
o Customer and the Customer Affiliates directly on the terms of the applicable l icences
, provided that the GPL Software will
nevert
heless be deemed to form part of the Softwar e
for the purposes of the Support Services, such that Darktrace w ill
s
upport it as if it were part of the Software;
“S
tandard S
upport S
ervices” m
eans the s
tandard support services provided by Darktrace a
s set out i
n the Darktrace S
upport
S
ervices D
ata Sh
eet;
“S
upport Services Data Sheet”
means the Documentation describing the terms of the Support S ervices.
“T
hird P
arty L
icensors” means t
he s
uppliers of t
he T
hird P
arty S
oftware t
o Darktrace; a
nd
“T
hird P
arty S
oftware” mean
s: (i
) any software or other technology that is license
d to Darktrace from Third Party Licensors f
or
t
he purpose of making the Offering available co
mmercially;
and (ii) Open Source Software.
1 .2. C
onstruction. In t
his A
greement (ex
cept w
here t
he cont
ext ot
herwise r
equires):
1 .2.1. a
ny re
ference to a cl
ause or s
chedule i
s to t
he re
levant cl
ause or s
chedule of
or to t
his A
greement a
nd any re
ference
to a
paragraph is to t
he re
levant pa
ragraph of t
he cl
ause or s
chedule in w
hich it a
ppears;
1 .2.2. t
he i
ndex a
nd cl
ause headi
ngs a
re i
ncluded f
or conv
enience onl
y a
nd w
ill not a
ffect t
he i
nterpretation of t
his A
greement;
1 .2.3. us
e of t
he singular w
ill i
nclude t
he pl
ural a
nd vi
ce v
ersa;
1 .2.4. us
e of any gender w
ill i
nclude a
ny ot
her gender;
1 .2.5. a
ny reference to persons includes na
tural persons, firms, partnerships, companies, corporations, associations , org
anisa
tions,
governments, foundations and trust (in each case whether or not having separate legal personality); 1 .2.6. a
ny phrase introduced by the terms “including”, “include”, “in pa rticular” or any similar expression w
ill b
e construed as
i
llustrative and w
ill not
limit the sense of the words preceding those terms;
1 .2.7. a
ny reference to any other document is a reference to that ot her docume
nt as a
mended, va
ried, s
upplemented, or
nov
ated (i
n ea
ch cas
e, ot
her t
han in bre
ach of t
he prov
isions of t
his A
greement) at a
ny t
ime.

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A
ppendix 2: D
ata P
rocessing A
greement

1. D
EFINITIONS. F
or the purposes of this DPA, the terms defined in this Appendix shall have the meanings as set forth in the A
greement. Any terms not specifically defined by this DPA or the Agreement shall have the meaning given by G DPR.

2. SUB

JECT MATTER OF THE DATA P

ROCESSING AGREEMENT
2 .1 T
his Data Processing Agreement (“D
PA”
) a
pplies to the processing of C
ustomer P
ersonal Data under the Agreement.
2 .2 C
ustomer will be the Data Controller and Darktrace will be the D ata Processor a
s defined under G
DPR. E
ach Party
a
grees that it shall comply with its obl
igations as a Data C
ontroller a
nd a Data Processor, respectively under
the Data
P
rivacy Laws in exercisi
ng its rights and performing its obligations under this Agreement. 2 .3 T
his DPA is an Appendix to the Agreement.

3. N

ATURE AND PURPOSE OF PROCESSING REGULATED DATA
3 .1 The D
ata Processor s
hall proce
ss P
ersonal Data i
n order t
o provide the Support Services a
s set forth in the Support
S
ervices Datasheet.
3 .2 In
the event that the Data Cont rol
ler has purchased Antigena Email, the additional data protection provisions of t
he Antigena Email Schedule shall apply and be incorporated into this DPA.

4. T

YPES AND CATEGORIE
S OF P

ERSONAL D
ATA
4 .1 C
ategories of Data Subjects.
- E
mployees including volunteers, agents, temporary workers, independent contractors; - C
ontractors
- C
ustomer clients, prospects
- S
uppliers, vendors
- A
dvisors, consultants and other professional experts
- C
ustomer of
ficers, directors
- A
nd any other categories of Data Subjects that may be contained in the Data Controller’s network. 4 .2 T
ypes of Personal Data:
- IP
addresses
- Hos
t names
- F
ile names
- E
mail addresses
- A
nd any other t
ypes of
P
ersonal D
ata that may be contained in the D
ata Controller’s net
work.

5. R

IGHTS AND OBLIGATIONS OF THE CONTROLLER
5 .1 T
he Data C
ontroller her
eby instructs t
he Data Processor t
o take such steps in the processing of P
ersonal D
ata a
s
a
re reasonably necessary f
or t
he performa
nce of t
he Data Processor’s obl
igations under the A
greement, and agrees
t
hat such instructions , compri
sing t
he terms of this DPA and the Agreement, cons
titute its full and complete
i
nstructions as to the means by which P
ersonal D
ata shall be processed by t
he Data Processor.

6. R

IGHTS AND OBLIGATIONS OF THE PROCESSOR
6 .1 T
he Data Processor s
hall only process Personal Data in accordance with t
he Data C
ontroll
er’s w
ritten instruction as
s
pecified herein a
nd s
hall not
use P
ersonal D
ata ex
cept to deliver t
he Offering and t
he S
ervices as instructed by the
A
greement, unl
ess such processing is required by law to which t
he Data Processor i
s subject, in which case t
he Data
P
rocessor s
hall, to the extent permitted by law, inform t
he Data C
ontroller of
that legal re
quirement pri
or to
carry
ing out the applicable processing.
6 .2 T
he Data Processor s
hall immediately inform t
he Data C
ontroller i
f, in t
he Data Processor’s
reasonable opinion, an
i
nstruction from t
he Data C
ontroller i
nfringes t
he D
ata Privacy Laws.
6 .3 The
Data Processor shall not
transfer P
ersonal D
ata outside the Europe a
n Economic Area (“EEA”) w
ithout the
pri
or written consent of t
he Data Controller a
nd not without procuring provision of adequate safeguards (as def
ined by the European Commission from time to time);
6 .4 In
the event that the UK ceases to be a member of the European Union or ceases to be considered by the European C
ommission to be an adequate country pursuant to Article 45 of GDPR, then the parties agree that Darktrace s hall
a
pply the EU Model Clauses a
s set
out at w
ww.darktrace.com/en/resources/legal-cus
tomer-model-cl
auses.pdf t
o
a
ny re
levant transfer of data and s
uch E
U Model Clauses s
hall be
deemed incorporated f
rom the
date of first
t
ransfer.
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HRINKWRAP 14
6 .5 The
Data Processor s
hall take reasonable steps to ensure the reliability of its agents and employees who have a
ccess to any P
ersonal D
ata.

7. SE
CURITY
7 .1 Taking into account the nature, scope, context and purposes of processing, t he Data Processor ha
s
i
mplemented a
nd w
ill ma
intain t
he a
dministrative, physical, technical and organisational measures a s described
i
n the Darktrace Information Security P
olicy t
o protect any P
ersonal D
ata accessed or processed by it agains t
una
uthorised or unlawful processing or accidental loss, destruction, damage or disclosure.

The parties agree that
f
or the purposes of the processing hereunder, t
he meas
ures contained within the D
arktrace Information Security
P
olicy a
re appropriate, g
iven the natur e of
the data to be processed and the harm that might result from such una
uthorised or unlawful processing or accidental loss, destruction, disclosure, access or damage.

8. P

ERSONAL D

ATA BREACH N

OTIFICATION
8 .1 In
the event that t
he Data Processor s
uffers a P
ersonal Data Breach , t
he Data Processor s
hall inform t
he Data
C
ontroller w
ithin twenty -f
our (24) hours upon
learning of the same and reasonably cooperate with the D ata
C
ontroller t
o mitigate the effects and to mi
nimise any damage resulting therefrom .

T
o the extent reasonably
pos
sible, the notification to t
he Data C
ontroller s
hall include: (i
) a des
cription of the nature of the incident,
i
ncluding where possible the categories and approximate number of data subjec ts concerned and the categories
a
nd approximate number of Personal Data records concerned; (i i) t
he name and contact details of the Data
P
rocessor’s data protection officer or another contact point where more information can be obtained; (i ii) a
des
cripti
on of the likely consequences of the incident; and (
iv) a
description of the measures taken or proposed
t
o be taken by the Data Processor to address the incident including, where appropriate, measures to mitigate its pos
sible adverse effects

9. SUB

PROCESSORS
9 .1 S
ave as expressly provided herein, the Data Processor w ill not
use s
ubprocessors for the proce
ssing of
Personal
D
ata.

F
or the purposes of providing Support Services alone: (i) The Data Controller hereby authori ses
the Data
P
rocessor to use its affiliates s
pecified in the Support Services Datasheet t
o proce
ss Personal Data (t
he “A
ffiliate
S
ubprocessors”); (ii) T
he Data Processor shall ha
ve in place with the A
ffiliate Subprocessors a
written agreement
equi
valent to the terms contained herein t
o protect Personal Data; and (iii) T
he EU Model Clauses shall apply to
t
he extent the processing of Personal Data by the Affi
liate S
ubprocessors i
nvolves a
transfer of Personal Data which
ori
ginates in the EEA to a
third country outside of the EEA. For such purposes, the Data C ontroller her
eby authorises

t
he Data Processor to enter into the EU Model Clauses with the A ffiliate S
ubprocessors on t
he Data C
ontroller’s
behal
f.
9 .2 S
ave for t
he f
oregoing,
the Data Processor shall not engage any subprocessors without the prior written a
uthorisation of the Data C
ontroller. In
the event that t
he D
ata Controller authorises the use by the Data Processor of a
ny ot
her s
ubprocessors, t
he Data Processor s
hall procu
re t
hat s
uch s
ubprocessors enter into a written
agreement containing provisions no less stringent than this DPA. 9 .3 The Data Processor shall be fully liable for any breach by the s ubprocessors of any data protection
obligations set out in this Clause.

10. A

SSISTANCE WHEN HANDLING REQUESTS FROM DATA SUBJECTS
1 0.1 Ta
king into account the nature of processing and the information available to the Data Processor, t he Data
P
rocessor w
ill provide reasonable support to t
he Data C
ontroller: (i
) i
n complying with any legally mandated
re
quest for access to or correction of any P
ersonal D
ata by a
data subject under Chapter III GDPR (a
nd where such
re
quest is submitted to the Data Processor, the Data Processor will promptly notify the Data C ontroller of
it); (i
i) in
re
sponding to requests or dem
ands ma
de t
o the Data C
ontroller by
any court or governmental authority
re
sponsible for en f
orcing privacy or data protection laws ; or
(iii) in its preparation of a Data Protection Impact
A
ssessment.

11. A
UDIT
1 1.1 T
he Data Processor a
grees to maintain ISO 27001 certification for the duration of the Term. T he Data Processor w
ill
us
e an external audi
tor to verify that its security measures meet ISO 27001 standards in accordance with the ISO ce
rtification process. On t
he Data C
ontroller’s w
ritten request, and subject to appropriate confidentiality obl
igations, t
he Data Processor w
ill make available to t
he Data C
ontroller: (i
) a copy
of the current certificate in
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EXHIBIT A
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V20.10.2
020 M
CA S
HRINKWRAP 15
re
lation to the ISO 27001 certification;
and (i
i) Inf
ormation reasonably requested by t
he Data Controller i
n writing
w
ith regards to t
he Data Processor ’s
processing of
Per
sonal Da
ta under this DPA . T
he Data Controller a
grees to
ex
ercise any right it may have to conduct an audit or inspection under GDPR (or the EU Model Clauses if they apply) by
requesting the foregoing information.

1 2. R

ETURN/DESTRUCTION OF PERSONAL DATA

12.1 U
pon termination of the A
greement, t
he Data P
rocessor shall d
elete or return all P
ersonal D
ata in accordance with
t
he D
ata C
ontroller’s w
ritten instructions.
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EXHIBIT A
235
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EXHIBIT A
236
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EXHIBIT A
237
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EXHIBIT A
238

CITY COUNCIL STAFF REPORT
ITEM NO. 5.7

DATE:

April 25, 2022
TO:

Honorable Mayor and City Council
FROM:

Paul Spence, Community Development Director
SUBJECT:

Resolution endorsing the Alameda County Home Together 2026 Implementation Plan to address homelessness and acknowledging receipt of future homeless services funding must be consistent with the plan

RECOMMENDED ACTION

Staff recommends City Council adopt a resolution:
1 .

Endorsing the Alameda County Home Together 2026 Implementation Plan to address homelessness.
2 .

Acknowledging that to receive future homeless services funding made available through the County, grants, programs, and services must be consistent with the Home Together 2026 Plan.

SUMMARY
In 2021, State Law AB 140 authorized $1 billion in each year for Fiscal Year 2021-22 and Fiscal Year 2022-23 for the Homeless Housing, Assistance and Prevention (HHAP) Grant Program. This grant funding is available to the state’s thirteen largest cities, counties, and Continuum of Care organizations.

To be eligible for funding, a plan must be completed that outlines the agency goals and objectives to address homelessness.

Alameda County has completed a draft of the Home Together 2026 Implementation Plan. This plan was written by the Alameda County Office of Homeless Care and Coordination in collaboration with the Continuum of Care agency, EveryOneHome.

Additionally, the City participated in a City-County technical advisory working group of the Alameda County Conference of Mayors. This working group reviewed the implementation plan from the city prospective and provided feedback to the County through the various iterations of the draft plan. The County Board of Supervisors and Alameda County Conference of Mayors met several times to discuss and agree upon a Funding Framework for the plan.

Alameda County has requested that all Cities within the County pass a resolution endorsing the Plan to 239
include in their HHAP Grant Program application to the State.

DISCUSSION
The County’s Home Together 2026 Implementation Plan identifies four core goal areas and system performance measures. The sum of the activities undertaken in the plan are expected to result in:

An overall decrease in the number of people who experience homelessness.

A reduction in racial disparities within the homeless population which reduces the overrepresentation of African Americans, Native Americans, Multi- racial people and Native Hawaiian/Pacific Islanders.

The four core goal areas are:

1. Prevent Homelessness for our Residents

2. Connect People to Shelter and Needed Resources

3. Increase Housing Solutions

4. Strengthen Coordination, Communication and Capacity

In each of these areas the plan sets strategic objectives to address homelessness.

Prevent Homelessness for our Residents:

Address racial disparities in mainstream/upstream systems to prevent disproportionate inflow of African Americans into homelessness.

Focus resources for homelessness prevention on people likeliest to lose their homes.

Rapidly resolve episodes of homelessness through Housing Problem Solving.

Prevent racially disproportionate returns to homelessness.

Connect People to Shelter and Needed Resources:

Provide neighborhood-based access where people are likeliest to lose housing.

Lower programmatic barriers to crisis services such as prevention, problem solving and shelter.

Prevent discharge from mainstream systems to homelessness.

Significantly increase the availability of shelter, especially non-congregate models, to serve adults and families with children and to reduce unsheltered homelessness.

Provide accessible behavioral services to people with serious mental illness or substance use needs and who are unsheltered, in shelter, or in supportive housing programs.

Increase Housing Solutions:

Add units and subsidies for permanent supportive housing.

Create units for frail seniors and others who need more intensive health services.

Create dedicated affordable housing subsidies for people who do not need intensive services.

Create shallow subsidies for those who need more limited assistance.

Add new slots of rapid housing for those who can take over the full rent given time.

Ensure new housing funding is distributed according to need. The numbers of people and the significant subpopulations in each region are different. As much as possible, housing resources 240
should be distributed based on the regional needs.

Reduce entry barriers to housing to ensure racial equity in referrals and placements.

Strengthen Coordination, Communication, and Capacity:

Use data to improve outcomes and track racial equity impacts.

Improve messaging and information availability.

Build infrastructure to support new and expanded programs.

Endorsement of this Plan is a positive step toward accomplishing the City Council’s priority of developing and implementing a plan to reduce homelessness in Livermore. The County’s Plan will provide a framework upon which the City of Livermore and the Tri-Valley Cities of Dublin and Pleasanton can take additional steps to address the needs of our residents and the Tri-Valley Region.

FISCAL AND ADMINISTRATIVE IMPACTS

There are no fiscal or administrative impacts.

ATTACHMENTS

1. Resolution

2. Exhibit A - Home Together 2026 Implementation Plan

Prepared by: Josh Thurman
Homeless Services Management
Analyst I

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION OF THE CITY OF LIVERMORE ENDORSING THE ALAMEDA COUNTY HOME TOGETHER 2026 IMPLEMENTATION PLAN TO ADDRESS

HOMELESSNESS AND ACKNOWLEDGING RECIEPT OF FUTURE HOMELESS

SERVICES FUNDING MUST BE CONSISTENT WITH THE PLAN
The Home Together 2026 Implementation Plan (Home Together 2026) is a community-wide plan for Alameda County which lays out the goals, strategies, and investments needed to dramatically reduce homelessness by 2026 and reverse racial disparities in homelessness through fully centering equity.

On any given night over 8,000 people experience homelessness in Alameda County, a number that grows to approximately 15,000 people over the course of a year.

More than 90% of the households in Alameda County are adults without children, including nearly 10% who are between the ages of 18 and 24.

Dramatic racial disparities exist in Alameda County as in the nation as a whole, and the homeless population does not reflect the demographics of the County.

In Alameda County, African Americans experience homelessness at more than four times their representation in the population (47% vs. 11%).

In Alameda County, Native Americans, multiracial people, and Hawaiian Native/Pacific Islanders are all vastly overrepresented in homelessness, among those newly homeless and in the rates at which they return to homelessness even after getting into housing.

Home Together 2026 builds and is informed by existing local and regional plans, including the 2020 Centering Racial Equity in Homeless System Design report (CRE), All Home Regional Action Plan, and Plan Bay Area 2050.

Home Together 2026 is also responsive to requirements laid out in the California Comeback Plan necessary to receive critical State housing and health funding.

The homeless system modeling conducted in 2019-20 and updated in 2021 points to significant gaps in the current system in terms of both housing resources and program types.

Only an estimated 36% of those experiencing homelessness can be supported by the current system’s resources or are able to find housing or leave homelessness on their own.
242
RESOLUTION NO. ________
Without significant effort and investment including prevention, shelter expansion, increasing housing solutions, and strengthening the system’s overall capacity, homelessness in Alameda County will continue to grow.

The total estimated cost of needed investments over the coming five years to fully meet the need is $2.5 billion, including approximately $430 million for additional shelter, $1.68 billion for permanent housing such as dedicated affordable housing and permanent supportive housing, and $388 million for prevention, rapid rehousing, and shallow subsidies.

Additional funding will be needed for the one-time development costs for new buildings.

To achieve the needed expansion level will take a significant investment of new resources.

There are anticipated increases in Federal and State resources dedicated to expanding affordable housing and ending homelessness.

There is still a significant gap that will need to be filled locally.

In order to receive future funding made available through the County, Cities must endorse the Home Together 2026 Plan.

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

1. Endorses the Home Together 2026 Implementation Plan in substantially the same form as set forth in the attached Exhibit A.

2. Acknowledges that to receive future homeless services funding made available through the County, grants, programs, and services must be consistent with the Home Together 2026 Plan.

3. Authorizes the City Manager to take whatever actions are necessary and appropriate to carry out the purpose and intent of this Resolution, including approving minor changes to the Home Together 2026 Implementation Plan.

On motion of Council Member __________________________, seconded by Council Member __________________________, the foregoing resolution was passed and adopted on April 25, 2022, by the following vote:
243
RESOLUTION NO. ________
AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ATTEST: APPROVED AS TO FORM:
______________________________ /s/ Tara Mazzanti Marie Weber Tara Mazzanti City Clerk Assistant City Attorney
Exhibit A - Alameda County Home Together 2026 Implementation Plan 244
Home Together 2026
DRAFT Implementation Plan
A 5-year Implementation Framework to Dramatically Reduce Homelessness, Centering Racial Equity in Alameda County.

Table of Contents
EXECUTIVE SUMMARY .................................................................................................................................. i

1. Background and Introduction .............................................................................................................. 1

2. Population Description ........................................................................................................................ 2 Racial Disparities in the Homeless Population ........................................................................................ 3 Special Populations .................................................................................................................................. 4 Transition Age Youth ........................................................................................................................... 4 Veterans ............................................................................................................................................... 5 Older Adults ......................................................................................................................................... 5 People Impacted by Intimate Partner Violence (IPV) .......................................................................... 6 People with Mental Health Needs ....................................................................................................... 6 People Impacted by Criminal Justice System Involvement ................................................................. 7

3. Needs Assessment and Housing Pathways .......................................................................................... 7 Additional Needs and Resources for Special Populations ....................................................................... 9 Transition Age Youth ........................................................................................................................... 9 Veterans ............................................................................................................................................. 11 Older Adults ....................................................................................................................................... 11 People Impacted by Intimate Partner Violence................................................................................. 12 People with Mental Health Needs ..................................................................................................... 12 People Impacted by Criminal Justice System Involvement ............................................................... 13

4. Modeling Results and Investments.................................................................................................... 13 Additions to Housing Inventory ............................................................................................................. 16 Additions to Shelter Inventory .............................................................................................................. 16 New Investment Needed ....................................................................................................................... 17

5. Four Core Goal Areas and System Performance Measures ............................................................... 18 1) Prevent Homelessness for our Residents ...................................................................................... 18 Corresponding System Performance Measures ............................................................................ 20 2) Connect People to Shelter and Needed Resources ....................................................................... 20

EXHIBIT A
245

Corresponding System Performance Measures ............................................................................ 22 3) Increase Housing ............................................................................................................................ 22 Corresponding System Performance Measures ............................................................................ 23 4) Strengthen Coordination, Communication and Capacity .............................................................. 24 Corresponding Performance Measures ......................................................................................... 25

7. Resources, Gaps and Allocation Plan ................................................................................................. 25

8. Tracking and Monitoring ................................................................................................................... 27

9. Conclusion.......................................................................................................................................... 27 APPENDICES ............................................................................................................................................... 29 A. Glossary of Terms .......................................................................................................................... 29 B. Summary Table of System Performance Measures - In Process ................................................... 29 C. Summary Table of Numeric Inventory Goals by Year - In Process ................................................. 29 D. Detail on County Allocation Plan - In Process ................................................................................ 29 E. System Model Methodology - In Process ...................................................................................... 29 F. Contributors - In Process ................................................................................................................ 29

EXHIBIT A
246

DRAFT Home Together 2026
February 14, 2022

EXECUTIVE SUMMARY

This Home Together 2026 Implementation Plan (the Plan) is a community-wide plan for Alameda County which lays out the goals, strategies and investments needed to dramatically reduce homelessness by 2026 and reverse racial disparities in homelessness through fully centering equity.

The Plan’s overarching goals and time frame align with Alameda County’s Vision 2026 which holds as one of its primary objectives to “ensure the availability of diverse and affordable housing for all residents with the goal of eliminating homelessness in Alameda County.”

Home Together 2026 builds upon many sources and efforts, particularly the 2020 Centering Racial Equity in Homeless System Design report (CRE) prepared by community partners and informed by system modeling and extensive interviews and focus groups with persons of color who have experienced homelessness. The CRE process modeled what an optimal system to respond to all homelessness and reduce racial disparities would look like and what gaps need to be filled. Home Together 2026 is also responsive to requirements laid out in the California Comeback Plan to draw down key State housing and health funding. It is informed by and consistent with other local and regional efforts, including the All Home Regional Action Plan, Plan Bay Area 2050 and local City plans to address homelessness. Companion County and City specific implementation plans that align with the Home Together Community Plan speak to the specific roles of local jurisdictions in co-leading efforts to address homelessness, and the key roles of county agencies, community partners and specific resources.

On any given night over 8,000 people experience homelessness in Alameda County, a number that grows to approximately 15,000 people over the course of a year. More than 90% of homeless households in Alameda County are adults without minor children, including nearly 10% who are between the ages of 18 and 24.

The homeless population does not reflect the demographics of the county. Dramatic racial disparities exist in Alameda County as in the nation as a whole, in which African Americans experience homelessness at more than four times their representation in the population (47% vs. 11%) and Native Americans, multiracial people and Hawaiian Native/Pacific Islanders are all vastly overrepresented in homelessness, among those newly homeless and in the rates at which they return to homelessness even after getting into housing. These disparities call out the need to invest both more and differently in creating program models and pathways that meet the needs of those overrepresented. Special populations such as transition age youth, Veterans, seniors, survivors of intimate partner violence, people with mental health needs and people who have had involvement with the criminal justice system have additional risks and vulnerabilities leading to homelessness and require responses to their needs and plans for targeted resources to address them.

A systemwide needs analysis conducted in 2019-20 and updated in 2021 points to significant gaps in the current system in the type and availability of housing resources. Today, only an estimated 36% of those in need can be supported by local resources or are able to find housing or leave homelessness on their own. Each year, thousands of people remain homeless and each year new people who become homeless join them. Without significant effort and investment, homelessness will continue to grow.

EXHIBIT A
247

DRAFT Home Together 2026
February 14, 2022

Importantly, focus groups and research on racial equity strategies informed the modeling and the proposed pathways to ensure the deep disparities in our system are addressed through new investments at every level. These investments include creating extensive new program models and pathways out of homelessness, using affordable housing dedicated for people experiencing homelessness, PSH for people who need more supports, targeted behavioral health services, improved and expanded homelessness prevention, transitional housing for youth and shallow and flexible rental assistance to fill gaps for people with limited incomes in addition to expanding current program models such as Rapid Rehousing and Permanent Supportive Housing (PSH)..

The 2021 planning update explored different scenarios related to levels of anticipated new homelessness and of investment to determine the gaps in the current system and what it will take to fill them. The community selected to sponsor a scenario approach that seeks to reduce new entries to homelessness by preventing it when possible, and to create a more robust response system with enough resources at the end of five years to provide a housing exit to every person who does become homeless.

Figure 1. Impact of Increased Investment on Homeless System Outcomes

Source: CA-502 System Model, Abt Associates, 1/20/2022

Overall, more than 24,000 additional housing exits are needed over five years to reach a point at which the numbers of people who become homeless in a year and the numbers who leave homelessness in that time are in balance. These 24,000 interventions include everything from short-term prevention to permanent subsidies and housing with services, depending on the needs of the households.

In addition to the significant need for housing, because of the high rate of unsheltered homelessness (an estimated 79% people experiencing homelessness in Alameda County are unsheltered) the Plan includes a significant increase in shelter in the first two years, followed by a slow decline in shelter as more housing resources become available and less shelter is needed. Some of the planned added shelter will be able to be converted to much needed housing in later years, as has been demonstrated by successful Project Roomkey to Project Homekey transitions, creating permanent housing by renovating hotels used as shelters during the pandemic. By Year 5 the amount of shelter needed on an 0 2,000
4,000
6,000
8,000
10,000
12,000
14,000
16,000
Year 1
(2022)
Year 2
(2023)
Year 3
(2024)
Year 4
(2025)
Year 5
(2026)
Annual HH in the System
HHs served in pathways to housing
Unmet need

EXHIBIT A
248

DRAFT Home Together 2026
February 14, 2022

ongoing basis is expected to be slightly less than what is available today if all housing resources are in place

The total cost of increasing the shelter and housing inventory over the coming five years to fully meet the need would be $2.5 billion. This includes roughly $430 million for additional shelter, $1.68 billion for permanent housing such as dedicated affordable housing and permanent supportive housing, and $388 million for prevention, rapid rehousing and shallow (more limited) subsidies within the homelessness response system. This does not include the one-time development costs for new buildings, but covers operations and services, and subsidies to help people rent existing housing.

Similar to their proportion of the homeless population, the new investments are roughly 10% ($194 million) for inventory and resources for households with minor children, and 90% ($2.3 billion) for the inventory and resources to serve adult only households, including transition age youth.

To reach these goals while decreasing racial disparities, the Home Together Plan recommends specific action steps in four categories:
1) Prevent Homelessness for our Residents
a. Address racial disparities in mainstream/upstream systems to prevent disproportionate inflow of African Americans into homelessness
b. Focus resources for prevention on people most likely to lose their homes c. Rapidly resolve episodes of homelessness through Housing Problem Solving d. Prevent racially disproportionate returns to homelessness 2) Connect People to Shelter and Needed Resources
a. Provide neighborhood-based access where people are most likely to lose housing b. Lower programmatic barriers to crisis services such as prevention, problem solving, and shelter c. Prevent discharge from mainstream systems to homelessness d. Significantly increase the availability of shelter, especially non-congregate models, to serve vulnerable adults and families with children and to reduce unsheltered homelessness. e. Provide accessible behavioral health services to people with serious mental illness or substance use needs and who are unsheltered, in shelter, or in supportive housing programs. 3) Increase Housing Solutions
a. Add units and subsidies for permanent supportive housing b. Create units for frail seniors and others with more intensive health services c. Create dedicated affordable housing subsidies for people who do not need intensive services d. Create shallow subsidies for those who need more limited assistance e. Add new slots of rapid rehousing for those who can take over their full rent given time f. Ensure new housing funding is distributed according to need g. Reduce entry barriers to housing and ensure racial equity in referrals and placements 4) Strengthen Coordination, Communication and Capacity
a. Use data to improve outcomes and track racial equity impacts b.  Improve messaging and information availability
c. Build infrastructure to support new and expanded programs

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Taken together, the significant increase in investment and the creation of new models and pathways out of homelessness will lead to decreases in new homelessness, improved racial equity in outcomes, shorter time being homeless, and a reduced rate at which people return to homelessness. Specific measurable targets for reducing homelessness altogether, and for achieving greater equity in results, are included in the plan.

The community of Alameda County adopts this plan and vision at a time when the future is uncertain.

New resources, both one-time and ongoing, received in 2021 and anticipated in the future provide the foundation for achieving this plan, but alone are not enough to realize its vision. The response to COVID-19 has shown that the community can pull together and can work at speeds we have not seen before, a strong foundation to build from. However, we face continuing challenges including uncertainties from COVID-19, unpredictable housing markets, future State, Federal and local budgets, and an overtaxed public and non-profit sector with significant capacity needs. All these challenges require continuing the current level of unprecedented collaboration and coordination and building on the progress made to unify the community response and build an aligned response system centered in racial equity.

Home Together 2026 adopts bold, ambitious, and measurable goals for Alameda County, both for reducing homelessness and for achieving greater equity. To bring these new programs and solutions into being will take committing every available dollar in ways that uphold performance and invest in working and desired models. With these commitments and agreements for joint accountability we will, by 2026, be Home, Together.

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1. Background and Introduction
This Home Together Implementation Plan (the Plan) is a community-wide plan for Alameda County which lays out the goals and strategies needed to dramatically reduce homelessness by 2026 and combat racial disparities in homelessness through fully centering equity. The Plan’s overarching goals and time frame align with Alameda County’s Vision 2026 which holds as one of its primary objectives to “ensure the availability of diverse and affordable housing for all residents with the goal of eliminating homelessness in Alameda County.” The Home Together Plan covers a five-year time frame, beginning January 2022 and ending December 2026.

This Plan builds on a variety of processes and planning that has occurred during the last two years, including:
• The racial equity analysis and system modeling process that is detailed in the January 2020 Centering Racial Equity in Homeless System Design (CRE) report • Racial Equity Action Lab (convened by the Bay Area Regional Health Inequities Initiative) which centered lived expertise input and process recommendations on implementing CRE • The Home Together Plan adopted by the Alameda County Board of Supervisors in August of 2020

Home Together 2026 provides a strategic roadmap for implementing the Centering Racial Equity recommendations generated during 2019-2020. This Community-wide Plan includes five-year targets for the creation of significant quantities of new housing and shelter in order to meet the unmet need of all people experiencing homelessness by 2026. A companion Home Together County Action Plan speaks to the specific role of the County in co-leading efforts to address homelessness with cities and community partners, and the key roles of specific county agencies and resources. Cities within Alameda County have participated in the community process for this overarching Community Plan and are encouraged to develop and adopt similar jurisdictional implementation plans to align with the Community plan. CRE and recent strategy sessions to create this plan have been informed by a diverse group of stakeholders.

The initial Centering Racial Equity report, and this Plan, were supported by in-depth needs analysis conducted by national technical assistance provider Abt Associates. The recommendations were informed by an extensive community input process which included participation of system leaders, program participants, service providers and other partners in homelessness response. The process included research using local data and multiple focus groups with people of color who were currently or recently homeless regarding their race-impacted experiences. The CRE report resulted in recommendations for significant system additions but did not include action steps to implement the recommendations.

As the Home Together Community Plan was developed it became clear that some updating to the original needs analysis was necessary. The COVID-19 Pandemic, which began shortly after the CRE modeling was completed, has changed the landscape of resources, and some data used from 2019 was able to be updated with more complete information from the countywide Homeless Management Information System (HMIS). While some updates were made, there was also a strong commitment to maintain the critical assumptions and decisions that were widely discussed in the CRE planning process.

To consider changes and updates to the model, a planning group was jointly convened by County’s Office of Homeless Care and Coordination (OHCC) and EveryOne Home (EOH), the CoC backbone

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organization. The Strategic Planning Implementation Committee met bi-weekly from July 2021 – November 2021 to inform the community plan. The group included city and county staff, people with lived expertise, service providers, nonprofit organizations, advocates, and CoC Leadership Board members.1 Various technical staff also met with Abt Associates to review modeling updates.

The primary changes to the system modeling are:

1. The decision to propose more shelter in addition to permanent housing, to rapidly reduce unsheltered homelessness. This was not addressed in the original modeling but was highly recommended by the Implementation Committee and jurisdictional partners;

2. The decision to model for a decrease in new entries into homelessness by the end of the planning period, with an increased investment in prevention;

3. Updates to length of time spent in shelter to more accurately reflect current conditions and impacts of future investments; and

4. Updates to certain cost assumptions based on current data.

In addition to implementing recommendations from the CRE report and updated system model, this Home Together Plan is responsive to requirements laid out in the California Comeback Plan for community plans to draw down key State housing and health funding. It is also informed by and consistent with other local and regional efforts, including the All Home Regional Action Plan, and Plan Bay Area 2050.

2. Population Description
Alameda County’s most recent Point in Time Count (PIT) which included an unsheltered count was conducted in 2019 and estimated a total of 8,022 persons were experiencing homelessness on a single day.2 Based on an annualization of the PIT, it is estimated that 15,786 people in 13,135 households experienced homelessness in Alameda County in 2019.3
Homelessness occurs across the County, though it is concentrated most in the north and mid portions.4 More than three-fourths of people experiencing homelessness (78%) report residing in Alameda County before becoming homeless.5
Table 1: Annual Estimates and Geographic Distribution of People and Households Experiencing Homelessness in Alameda County

1 See Appendix X for list of Home Together Contributors, including the Strategic Planning Implementation Committee
2 Alameda County conducts a homeless point in time count (PIT) every two years. Due to COVID -19, the scheduled PIT count for 2021 was postponed to 2022.
3 EveryOne Counts! Alameda County Homeless Count & Survey. Applied Survey Research (ASR). 2019. 4 Oakland-Berkeley-Alameda County Continuum of Care. Centering Racial Equity in Homeless System Design.

January 2021. https://everyonehome.org/centering-racial-equity/ 5 EveryOne Counts! Alameda County Homeless Count & Survey. Applied Survey Research (ASR). 2019.

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Source: Oakland-Berkeley-Alameda County Continuum of Care. Centering Racial Equity in Homeless System Design. January 2021.

Adult only households represent one or more adult(s) experiencing homelessness together without minor children. Most such households are a single individual. Adult only households are estimated at 12,005 annually and make up 91% of households that are homeless over a year.

Families with minor children are estimated at 985 annually, representing 7.5% of homelessness households.6 Child-only households (that is minor children who are homeless without any adults) are

1.5% of the county’s homeless population.

Males make up more than 60% of the homeless population. Nearly three-fourths of the homeless population is between the ages of 25-59, though a growing percentage of people experiencing homelessness (14%) are seniors and nearly 10% are between 18 and 24, referred to as transition age youth (TAY).7
Table 2: Gender Table 3: Age
Gender of people experiencing
homelessness
Age of people experiencing
homelessness
Male identifying 61% Under 18 4%
Female identifying 35% 18-24 9%
Transgender 2% 25-59 73%
Non-binary 2% 60 and older 14%
Source: EveryOne Counts! Alameda County Homeless Count & Survey. Applied Survey Research (ASR). 2019.

Racial Disparities in the Homeless Population
While homelessness is widespread in Alameda County, it disproportionately impacts people of color, especially African Americans. The 2019 Homelessness Point in Time Count shows that people of color make up more than 2 out of 3 (69%) people experiencing homelessness in Alameda County. The groups most disproportionately affected are people identifying as Black or African American, and American Indian or Alaska Native. Black people account for 47% of the homeless population, compared to 11% of the general population in Alameda County. Native Americans make up four percent of the homeless

6 Oakland-Berkeley-Alameda County Continuum of Care. Centering Racial Equity in Homeless System Design.

January 2021. https://everyonehome.org/centering-racial-equity/ 7 EveryOne Counts! Alameda County Homeless Count & Survey. Applied Survey Research (ASR). 2019

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population, compared with one percent of county residents. Homelessness also disproportionately affects Native Hawaiians/Pacific Islanders and Multiracial people in Alameda County.8 Figure 2: Racial Distribution of General Population and Homeless Population

Source: Oakland-Berkeley-Alameda County Continuum of Care. Centering Racial Equity in Homeless System Design. January 2021.

Households with only adults are even more disproportionately likely to be Black (58%) and Native American (three percent) in comparison with the general population of Alameda County (11% Black, one percent Native American).9
The many specific needs and experiences of people of color experiencing homelessness are described in the CRE report, often in the words of people interviewed. Addressing the needs of people of color and creating the appropriate mix of housing and services to reduce these enormous disparities is a major focus of this plan and described further below.

Special Populations
Several special populations of people who experience homelessness merit particular attention due to particular vulnerabilities, overrepresentation in the population, and/or specific needs and resources for addressing their needs. These include transition age youth, veterans, people impacted by intimate partner violence and people impacted by the criminal justice system.

Transition Age Youth
Youth ages 18-24 were 9% of the overall population experiencing homelessness in Alameda County in the 2019 PIT count (702 individuals). Unaccompanied children, under age 18, represented less than 1% of the homeless population (29 individuals).10 These numbers represent a point in time and only tally youth who were counted as sheltered in the homeless system or as unsheltered. During the 2019-2020 school year, schools in Alameda County reported 4,445 “homeless students” attended public schools in Alameda County, a number that includes young people under 18 who were doubled

8 Oakland-Berkeley-Alameda County Continuum of Care. Centering Racial Equity in Homeless System Design.

January 2021. https://everyonehome.org/centering-racial-equity/ 9 Oakland-Berkeley-Alameda County Continuum of Care. Centering Racial Equity in Homeless System Design. January 2021. https://everyonehome.org/centering-racial-equity/
10 EveryOne Counts! Alameda County Homeless Count & Survey. Applied Survey Research (ASR). 2019.

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up or in hotel settings as well as those in shelter or unsheltered situations.11 Youth who experience homelessness in Alameda County are very disproportionately African American, identify as LGBTQ and experience mental health issues at much higher rates than County or State residents.12
Table 4: Characteristics of Alameda County Homeless Youth Characteristic % County Population % Homeless TAY Population African-American 11% (Alameda County Youth) 63%
LGBTQ 10% (Alameda County) 42%
Experiencing mental health
issues
25% (CA) 43%
Source: Alameda County Youth Homelessness Demonstration Program. Application July, 2021.

The 2019 PIT Count shows that 82% of TAY experiencing homelessness in Alameda County are unsheltered.13
Veterans
Historically, Veterans have experienced homelessness at much higher rates than their proportion of the population. Recent resources and efforts have brought down the population of homeless Veterans, however they continue to be a significant part of the population. During the 2019 Homeless PIT Count in Alameda County, 692 veterans were experiencing homelessness, representing 9% of the county’s homeless population. Of those, 690 were single individuals, and seventy-nine percent (79%) of veterans were unsheltered.14
Many U.S. veterans experience conditions that place them at increased risk for homelessness, including higher rates of PTSD, traumatic brain injury, sexual assault, and substance abuse. Veterans experiencing homelessness are more likely to be unsheltered, and often remain unsheltered for extended periods of time.

Older Adults
Data from the 2019 PIT Count found that 14% of Alameda County’s Homeless Population was over the age of 60. Thirteen percent of 2019 PIT Count survey respondents indicated that they were between 50 and 64 years old when they first experienced homelessness, and 3% were over the age of 65.15

11 Alameda County Youth Homelessness Demonstration Program. Application July, 2021. 12Alameda County Youth Homelessness Demonstration Program. Application July, 2021. 13 EveryOne Counts! Alameda County Homeless Count & Survey. Applied Survey Research (ASR). 2019. 14 EveryOne Counts! Alameda County Homeless Count & Survey. Applied Survey Research (ASR). 2019. 15 EveryOne Counts! Alameda County Homeless Count & Survey. Applied Survey Research (ASR). 2019.

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Recent national research predicts that the number of older adults experiencing homelessness will increase significantly over the next decade.16 This population has unique and often complex needs that require consideration in homeless system design.17

People Impacted by Intimate Partner Violence (IPV)
Histories of domestic violence and partner abuse are prevalent among individuals experiencing homelessness and can be the primary cause of homelessness. Survivors often lack the financial resources required for housing, as their employment history or dependable income may be limited.

For individuals in families with children surveyed in the 2019 PIT Count, the most frequently reported cause of homelessness was family or domestic violence (26%). Six percent (6%) of respondents from the 2019 Homeless PIT Count survey reported currently experiencing domestic violence or abuse.

There was no difference observed between unsheltered and sheltered respondents (6% each).

Domestic violence did vary by gender, as 4% of male respondents reported current experience compared to 10% of females. While there were very few transgender and gender non-conforming respondents, 8% and 3% reported currently experiencing domestic violence, respectively.

Twenty-six percent (26%) of 2019 PIT Count respondents reported a history of ever experiencing physical, emotional, or sexual abuse by a relative or by a person with whom they have lived, such as a spouse, partner, sibling, parent, or roommate. This also varied by gender, with 17% of male, 40% of female, 39% of transgender, and 16% of gender non-conforming respondents experiencing domestic violence in their lifetime.

People with Mental Health Needs
According to the 2019 PIT Count, adults with serious mental illness (SMI) comprised nearly one-third (32%) of Alameda County’s homeless population, compared to 29% in 2017 and 18% in 2015. As reflected in the overall homeless population, close to 80% of homeless adults with SMI were unsheltered.

12% of PIT survey respondents cited the primary event or condition that led to their current homelessness as behavioral health issues such as mental health, and 21% of survey respondents indicated that behavioral health services such as mental health counseling might have helped them retain their housing. Unsheltered veterans frequently cited mental health issues as the primary cause of their homelessness (18%).

Structural racism and racial disparities in homelessness contribute to and exacerbate mental health needs. A wide body of research points to links between racial discrimination and negative effects on

16 “The Emerging Crisis of Aged Homelessness: Could Housing Solutions Be Funded by Avoidance of Excess Shelter, Hospital, and Nursing Home Costs?” (2019) | Culhane et al | University of Pennsylvania. https://aisp.upenn.edu/wp-content/uploads/2019/01/Emerging-Crisis-of-Aged-Homelessness-1.pdf 17 Geriatric Conditions in a Population-Based Sample of Older Homeless Adults (2017) | Kushel et al | The Gerontologist, Volume 57, Issue 4, August 2017, Pages 757–766. https://academic.oup.com/gerontologist/article/57/4/757/2631974

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mental health. 18 Additional research also links the adverse impacts of experiencing homelessness such as stress, anxiety, isolation, and sleep loss to worsening mental health problems.19

People Impacted by Criminal Justice System Involvement
Homelessness and incarceration are often correlated. Individuals without stable housing are at greater risk of criminal justice system involvement, particularly those with mental health issues, veterans, and youth. Individuals with past incarceration face significant barriers to exiting homelessness due to stigmatization and policies affecting their ability to gain employment and access housing opportunities.

Research has found that formerly incarcerated people were almost ten times more likely to experience homelessness than the general public.20
Nine percent (9%) of respondents to the 2019 Homeless PIT Count survey reported being on probation at the time of the survey, and 3% reported being on parole.

3. Needs Assessment and Housing Pathways
People experiencing homelessness have a variety of needs but the one commonality among all is the need for a home. The CRE found that Alameda County’s homeless response system does not have the interventions needed to permanently rehouse all people experiencing homelessness, and that reducing disparities and improving outcomes for the racial and ethnic groups most impacted by homelessness will require adding new types of programs to the homeless response system, increasing all programs’ availability, and improving program design and delivery. Opportunities identified to increase racial equity in the homeless response system include:21
• Increasing the availability of homeless housing and subsidy models for people with extremely low incomes and a range of service needs;
• Creating a variety of more flexible resources including homelessness prevention and rapid resolution resources and target these resources to those who can resolve their homelessness without indefinite supports;
• Increasing access to housing and other programs by lowering entry and participation barriers that unnecessarily impact privacy or independence, and ensuring resources are spread throughout the county; and
• Communicate clearly about available resources, eligibility criteria and the process for accessing resources.

The process to inform the CRE identified a set of pathways that would be available in an optimal homeless system to allow every person to exit homelessness, recognizing different levels of need – from those who can self-resolve to those who will need ongoing subsidies and services. The pathways envisioned for adults and for families are similar but somewhat different, based on the generally lower

18 American Public Health Association. Structural Racism is a Public Health Crisis. APHA Policy Statement. October 24, 2020. https://www.apha.org/policies-and-advocacy/public-health-policy-statements/policy-database/2021/01/13/structural-racism- is-a-public-health-crisis
19 Mental health problems are often a consequence—not a cause—of homelessness. KALW San Francisco. Published December 7, 2016. https://www.kalw.org/show/crosscurrents/2016-12-07/mental-health-problems-are-often-a- consequence-not-a-cause-of-homelessness#stream/0
20 EveryOne Counts! Alameda County Homeless Count & Survey. Applied Survey Research (ASR). 2019. 21 Oakland-Berkeley-Alameda County Continuum of Care. Centering Racial Equity in Homeless System Design. January 2021.

P.26-28. https://everyonehome.org/centering-racial-equity/

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vulnerability but greater economic needs of families. These pathways are designed to respond to the root causes of homelessness and barriers to housing stability. These resource pathways must be available in a high-performing homeless response system to end homelessness for Black and Native American adults, who encounter the greatest barriers to housing and disproportionately return to homelessness.22

In order to better define the Dedicated Affordable resource described in the CRE report, a working group began meeting in March 2021 and met four times between March and June. Dedicated Affordable is identified in the CRE as “a form of deeply subsidized housing for homeless people that does not require a disability to qualify.”

System modeling “anticipates that 28% of households with only adults and 30% of households with minor children could end their homelessness with a deep housing subsidy and limited support services.”23 Focus group participants preferred Dedicated Affordable “to other housing interventions because it allowed them to pay rent and live independently from what was interpreted as required services.” Given the newness of this resource and the very large need for it, the group did not recommend being so specific that someone must fit a very particular definition to get help.

Table 5: Housing Pathways in an Optimal Homeless System – Adult Only Households Pathway Intended Group Optimal %
Served
Self-resolvers People who only briefly touch the
system and then exit
10%
Homeless Prevention/Rapid Resolution -
Short term
People w/ jobs who need short-term
assistance
10%
Homeless Prevention /Rapid Resolution -
Long-term subsidy
People w/ jobs who need subsidy to
afford rent; Young Adults (YA)
10%
Transitional Housing for Youth w/ Shallow
Subsidy
Young adults (18-24) who need support
and subsidy
2%
Rapid Re-Housing - Temporary Subsidy People who can increase income to afford rent; Young Adults
13%
Rapid Re-Housing w/ Permanent Supportive
Housing backstop (service needs)
People in RRH who need services in PSH;
Young Adults
1%
Rapid Re-Housing w/ Shallow Subsidy
backstop (economic needs)
People in RRH who can't sustain on their
own
1%
Dedicated Affordable Housing w/Emergency
Shelter
Zero income & ELI people who can't
increase income; Seniors
10%
Dedicated Affordable Housing unsheltered Zero income & ELI people who can't increase income; Seniors
18%
Permanent Supportive Housing People with disabilities who need services
15%
Permanent Supportive Housing for Seniors
and others w/ higher needs
People who need help with daily living
skills, more support
10%
Source: CA-502 System Model, Abt Associates, 1/20/2022

22 Oakland-Berkeley-Alameda County Continuum of Care. Centering Racial Equity in Homeless System Design. January 2021. https://everyonehome.org/centering-racial-equity/
23 Oakland-Berkeley-Alameda County Continuum of Care. Centering Racial Equity in Homeless System Design. January 2021. https://everyonehome.org/centering-racial-equity/

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Pathways for families with minor children were designed in the REIA process to be responsive to the root causes of homelessness and barriers to housing stability - particularly for the Black and Native American households over-represented in the homeless population. These resource pathways represent the community’s best thinking about the resources needed to produce greater equity in a high functioning homeless response system. The table below shows the percent of homeless households with minor children in each resource pathway in an optimal homeless system.24

Table 6: Housing Pathways in an Optimal Homeless System – Households with Minor Children Pathway Intended Group Optimal
% Served
Self-resolvers People who briefly touch the system and then exit 10% Homeless Prevention/Rapid Resolution People w/ jobs who need short-term assistance 10% Rehousing with Shallow Subsidy People in RRH who need services; Young adults 40% Rehousing with Dedicated Affordable People in RRH who can't sustain on their own 20% Dedicated Affordable Housing w/ Services Zero & ELI people who can't increase income 10% Permanent Supportive Housing People with disabilities who need services 10% Source: CA-502 System Model, Abt Associates, 1/20/2022

During the 2021 System Modeling update, additional shelter was added to model how unsheltered homelessness could be reduced in a shorter time frame while scaling up the permanent housing in the system. This temporary “surge” in shelter would temporarily result in some only-adult households receiving shelter and services without an identified housing resource connected to that stay. The system was modeled to show what would be needed by year 5 (2026) to eliminate this “shelter only” pathway – along with any unmet need in our homeless system, and ensure that housing exit resources are available for all households in the homeless system.

Additional Needs and Resources for Special Populations
The housing pathways and resources described above are intended to meet the needs of all of Alameda County’s homeless populations. Some paths are specifically targeted to certain subpopulations such as permanent supportive housing for seniors, which recognizes additional health and care needs of older people, and transitional housing for young adults which recognizes their transitional period of life.

Needs assessments conducted for each of these populations point to certain additional needs that the strategies of this plan seek to encompass within the overall framework of inventory growth to meet the need.

Transition Age Youth
Transition Age Youth (TAY) is an important subpopulation with particular needs due to their stage in development and includes youth who have been impacted by homelessness and interactions with the foster care system, the juvenile justice system, or both. Some shelter and housing inventory is set aside

24 Oakland-Berkeley-Alameda County Continuum of Care. Centering Racial Equity in Homeless System Design.

January 2021. https://everyonehome.org/centering-racial-equity/

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to meet young people’s unique needs and Alameda County’s System Model for households with only adults includes specific pathways for TAY.25
Youth experiencing homelessness in Alameda County report a need for greater access to all resources, increased supports to maneuver through, and transition from program to program within the homelessness response system, and increased youth development trainings for providers. Youth and providers have indicated that the homelessness system should be improved to be more welcoming to youth, that stronger housing and employment connections for youth are needed so that youth can find and sustain housing, and that increased access to youth dedicated permanent housing and long-term subsidies would significantly build capacity to serve youth.

In work done to identify specific needs of youth for the Youth Homelessness Demonstration program (YHDP) application, the following issues were identified as contributing to youth homelessness:26 • Lack of affordable housing
• Lack of supports and resources to successfully transition out of institutional systems such as foster care and the juvenile justice system into permanent housing • Stigma, trauma and marginalization that creates barriers to accessing resources and maintaining housing
• Risk of return to homelessness from time-limited programs, especially for African-American and parenting youth
• Close to 50% of youth experiencing homelessness report struggling with symptoms related to PTSD or other mental health issues making it difficult for them to navigate the homelessness system and maintain their current housing
• Many LGBTQ youth report leaving homes and communities that felt unsafe due to their gender identity or sexual orientation
• High risk for commercial and sexual exploitation
• Unaccompanied Immigrant Youth face particular challenges. Since 2014, 4,000+ UIY have been apprehended at the border and released to sponsors in Alameda County, many of whom do not remain in their initial placements
• Racial disparities are even higher in the homeless youth population than in the total population of people experiencing homelessness
In September 2021, the U.S. Department of Housing and Urban Development (HUD) awarded Alameda County CoC a $6.5 million Youth Homelessness Demonstration Program (YHDP) grant. The funding will be used to create an in-depth plan to meet the needs of youth at-risk of or experiencing homelessness and to work towards ending youth homelessness in the community. Additional resources already available in the county for TAY include the THP Plus27 program and dedicated Continuum of Care grants. The State of California requires that communities set-aside at least 8-10% (in different funding

25 Oakland-Berkeley-Alameda County Continuum of Care. Centering Racial Equity in Homeless System Design. January 2021. https://everyonehome.org/centering-racial-equity/

26 Alameda County Youth Homelessness Demonstration Program. Application July, 2021. 27 Transitional Housing Program for young adults who exited foster care (including those supervised by Probation) on or after their 18th birthday and are not yet 24 years of age.

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rounds) of their Homeless, Housing Assistance Program (HHAP) funds for the needs of Transition Age Youth. Alameda County and the CoC have used initial HHAP funding on increasing system access, additional interim housing, and services paired with housing subsidies dedicated to TAY.

Veterans
Veterans experience additional needs and challenges based on their Veteran status and, for many, their experiences in the military leading to challenges such as Post-Traumatic Stress Disorder (PTSD). In the 2019 PIT Count survey, unsheltered veterans most frequently cited mental health issues as the primary cause of their homelessness (18%), while sheltered veterans most frequently cited a rent increase (13%). Unsheltered veterans attributed their homelessness to job loss at nearly twice the rate as sheltered veterans (15% and 8% respectively).

The U.S. Department of Veterans Affairs (VA) provides a broad range of benefits and services to Veterans of the U.S. Armed Forces. These benefits may involve different forms of financial assistance, including monthly cash payments to disabled veterans, health care, education, and housing benefits.

Assistance to obtain these resources is critical, and not all Veterans qualify.

In addition to these supports, the VA and HUD partner to provide targeted housing and support services to veterans currently experiencing homelessness or at risk of experiencing homelessness.

These include the VASH (Veterans Affairs Supportive Housing) and SSVF (Supportive Services for Veteran Families) programs which provide permanent subsidies with services, and transitional subsidies, shallow subsidies and prevention support to veterans and their families. These resources provide a critical piece of the homeless response system for most veterans, though some must still rely on general population resources as they are precluded from accessing VA supports based on discharge status and length of service.

Older Adults
As mentioned above, older adults are a significant and growing part of the population experiencing homelessness in Alameda County and around the country. Geriatric conditions are common among older adults experiencing homelessness, and their health and risk of adverse impacts are comparable to housed adults who are 20 years older.28 Services and housing that address geriatric conditions are needed for older homeless adults.

Recognizing that older adults often have additional and specific service needs, Permanent Supportive Housing (PSH) for Seniors is included as a future inventory need for the homeless system as a more service-intensive version of PSH for formerly homeless adults who can no longer live independently.

Stakeholders in the CRE process determined that our ideal homeless system should include enough inventory to serve 10% of adult-only households with PSH for Seniors.29 In addition, the model recognizes that many older adults live on fixed incomes which are often low and stagnant compared to housing costs. Dedicated affordable housing for older adults can ensure that many formerly homeless seniors will be able to live independently on their fixed incomes. The System Model includes pathways for Seniors to access Dedicated Affordable Housing from both sheltered and unsheltered homeless living situations.

28 Geriatric Conditions in a Population-Based Sample of Older Homeless Adults (2017) | Kushel et al | The Gerontologist, Volume 57, Issue 4, August 2017, Pages 757–766. https://academic.oup.com/gerontologist/article/57/4/757/2631974 29 Oakland-Berkeley-Alameda County Continuum of Care. Centering Racial Equity in Homeless System Design. January 2021. https://everyonehome.org/centering-racial-equity/

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People Impacted by Intimate Partner Violence
Persons fleeing or impacted by Intimate partner violence have similar needs to others experiencing homelessness for housing and services but have other challenges and needs that make their engagement with the homeless response system even more challenging.

Most victims of IPV don’t have access to unmonitored technology, making seeking help and client follow-ups difficult.

The COVID 19 pandemic has impacted IPV providers and programs significantly and the population fleeing violence that they serve.
• Crisis hotlines have seen a 30-70% increase in calls 30 • Some providers are reporting increases of up to 150% in requests for mental health services (from 44,000 to 109,000)
• Women have been disproportionately impacted by COVID-19 induced unemployment and by challenges of school closures and lack of childcare
• To address health concerns and follow COVID-19 protocols, shelter capacity including in Domestic Violence shelters has been decreased and has left some providers to serve between 30-50% fewer clients
These impacts have made access to the kind of support survivors need, including temporary crisis assistance, affordable housing and permanent supportive housing even more difficult. The Alameda County Health Care Services Agency (Alameda County Office of Homeless Care and Coordination), Building Futures, Family Violence Law Center, and Eden I&R 211 have created a program design to establish a parallel and connected Coordinated Entry System for survivors of domestic violence, sexual assault, and human trafficking in Alameda County so they can better access needed support services, health care, and housing resources to begin to live a life free from abuse and homelessness.

Resources for programs that meet the needs of survivors include dedicated shelters and transitional programs. Since COVID-19, Project Roomkey was created to use hotels to provide non-congregate shelter for people who are homeless and at high risk for complications from the disease. The Marina Village Inn in the City of Alameda provided 51 rooms of temporary shelter for women and children to allow for decompression of DV shelters (to comply with COVID-19 protocols.) These guests, as other Roomkey guests, are now prioritized for permanent housing.

The 2021 HUD-funded Emergency Housing Voucher program, also part of the COVID relief effort, includes partnership with Victim Services Providers and set aside 87 vouchers for survivors of violence, who will also be provided tenancy sustaining support services for clients with disabilities who face challenges to getting and keeping housing, including coaching for independent living and community integration.

People with Mental Health Needs
Significant mental health needs impact nearly one third of the population experiencing homelessness and a much larger number can be expected to have some mental health needs.

30 Family Violence Law Center. Presentation to the Alameda County Boad of Supervisors. ” Gender-Based Violence COVID-19 Coordinated Response. October 25, 2021.

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California’s Department of Health Care Services (DHCS) recently conducted a needs assessment for behavioral health care services statewide and surveyed consumers and family member on needed housing supports. Many of the comments corresponded closely to the Alameda County CRE report findings. Unmet needs cited as priorities included:
• Additional housing capacity, due to low vacancy rates and lack of affordability • Additional permanent supportive housing options for adults that provide wraparound behavioral health services, such as recovery services and access to supports, such as adult Full- Service Partnerships that provide intensive services and supports and coordinate access to housing, education, and employment for people with severe mental illness • Additional capacity in longer-term adult residential facilities, sober living and recovery residences
• Address barriers to building or siting housing for individuals living with mental health issues and individuals living with SUD, and housing provider unwilling to accept behavioral health clients31

People Impacted by Criminal Justice System Involvement
Focus groups of people with lived expertise of homelessness convened to inform Alameda County’s original Homeless System Model discussed how incarceration impacted their ability to find and keep housing. While incarceration is a barrier to housing and employment for anyone, the well-documented mass incarceration of Black, Latinx, and other people of color means that incarceration is a barrier to housing disproportionately impacting people of color. Focus group participants also highlighted the impact of structural racism in systems such as mass incarceration, and how involvement in these systems makes it difficult to increase income.32
Currently, the Probation Department receives direct funding for RRH and transitional housing programs for people in reentry.

In May 2020, the Alameda County Board of Supervisors directed the Alameda County Health Care Services Agency/ Behavioral Health Department to develop a plan to reduce the number of incarcerated individuals with behavioral health conditions within the jail. The multi-year plan, estimated to cost $50 million, includes extensive stakeholder engagement, internal County Department research and consultation. One primary area of focus is to strengthen connections between and across sectors to close any gaps and improve post-release service participation. Strategies include expansion of access to urgent care and crisis services, expansion of forensic linkage programs, and development of a TAY full-service partnership. The plan will prioritize the care of “high utilizers” of county behavioral health and county forensic services to ensure that justice involved people are connected to appropriate treatment and facilities, and increase short term, permanent housing and board and care facilities.

4. Modeling Results and Investments
Every year, new people experience homelessness in Alameda County but the homelessness response system does not currently have enough capacity to keep up with this annual inflow. This means that the increasing homeless population includes many people who could not get the assistance they

31 State of California Department of Health Care Services, Assessing the Continuum of Care for Behavioral Health Services in California Data, Stakeholder Perspectives, and Implications January 10th, 2022
32 Oakland-Berkeley-Alameda County Continuum of Care. Centering Racial Equity in Homeless System Design. January 2021. https://everyonehome.org/centering-racial-equity/

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needed to end their homelessness. In 2020 to 2021, we saw that 36% (4,358) of adult only households experiencing homelessness exited homeless services, and that 64% (7,647) remained. For households with minor children, 33% (321) of households exited the system in 2020-2021, while 67% (664) households remained.

The system modeling used the information about current outcomes and the suggested pathways designed by the Racial Equity Analysis/ CRE process make estimates of the programs and inventory needed to achieve an optimal homeless system that has the capacity to serve all of the existing need within 5 years. The update used this information to explore three potential scenarios:

1. Scenario 1 Steady Continued Increases in the Annual Number of People Experiencing Homelessness: Growth at the same level as the four years prior to 2019 PIT Count (on average 20% per year). To meet the needs takes a very significantly increased response.

2. Scenario 2 Dramatic Increase in the Number of People Experiencing Homelessness: New homelessness grows at an unprecedented rate in year one of the model (2022) due to the impacts of COVID and as eviction moratoria are lifted, and then rates of inflow into homelessness continue as predicted in Scenario 1. Meeting this need takes an extraordinary level of response that is not likely to be achievable.

3. Scenario 3 Gradual Decrease in the Number of People Experiencing Homelessness: New homelessness experiences a similar increase to the past several years in year 1 (2022) (a 20% increase), and then begins to decrease to a 10% increase in year 2 (2023) and continues to decrease by -10% in years 4 (2025) and 5 (2026), achieving a net decrease by year 5. Meeting this need takes a significantly increased response including a focus on prevention, though the total resources needed are not as large as the other two scenarios.

The System Modeling for this plan focuses on Scenario 3, as this scenario a reflects the community’s desire to increase prevention and address homelessness before it starts whenever possible to reduce the rate of new homelessness. If new homelessness increases beyond the modeling predictions, the gap between what our existing system is able to offer and what is needed to serve all homeless households in our system will be greater, and more costly to fill.

Figure 3 below demonstrates that even with Scenario 3 (a projected decrease in new homelessness over 5 years), our current level of investment will not be enough to operate a system that is able to serve all of the need among households experiencing homelessness and to stop homelessness from growing (red line below). However, with a significant increase in investment into the homeless system (green line below), by year 5 (2026) our system is able to serve all of the need among homeless households (leaving 0% unmet need).

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Figure 3. Impact of Increased Investment level on trends in homelessness

Source: CA-502 System Model, Abt Associates, 1/20/2022
With the required increase in investment and a small decrease in inflow, in 5 years (by 2026) the total number of households served in Alameda County’s homeless system annually decreases by over 3,800 from 2021. In this scenario there is capacity to serve and assist 9,200 households into permanent housing by the homeless response system in year 5. This brings the unmet need in the homeless system to 0. Having no unmet need does not mean that new people do not become homeless but rather that for every new household that experiences homelessness there is a resource path to get them out of homelessness and into housing within an average of 90 days.

Figure 4: Impact of Increased Investment on Homeless System Outcomes

Source: CA-502 System Model, Abt Associates, 1/20/2022

Table 7. Impact of Investments on Homeless System Over 5 Years 5-Year Investment Impact Dashboard, All Homeless Households (Adult Only + Households with Minor Children) Scenario 3 / Increased Investment
0 5,000
10,000
15,000
20,000
Year 0
(2021)
Year 1
(2022)
Year 2
(2023)
Year 3
(2024)
Year 4
(2025)
Year 5
(2026)
Current trajectory, current response trend
Scenario 3, current investment trend
Scenario 3, increased investment
0 2,000
4,000
6,000
8,000
10,000
12,000
14,000
16,000
Year 1
(2022)
Year 2
(2023)
Year 3
(2024)
Year 4
(2025)
Year 5
(2026)
Annual HH in the System
HHs served in pathways to housing
Unmet need

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Year 0
(2021)
Year 1
(2022)
Year 2
(2023)
Year 3
(2024)
Year 4
(2025)
Year 5
(2026)
New Homeless 4,000 4,800 5,300 5,300 4,700 4,300
Annual HH in the
System 13,000 14,000 14,700 14,400 12,600 9,200
HHs served in pathways
to housing 4,700 5,600 6,500 7,400 8,310 9,200
Unmet need 8,300 8,400 8,200 7,000 4,200 0
% Unmet need 64% 60% 56% 49% 33% 0%
Source: CA-502 System Model, Abt Associates, 1/20/2022
Additions to Housing Inventory
In order to “right size” and develop a system which will allow us to reduce homelessness, additional housing inventory is needed so that households experiencing homelessness are able to leave homelessness for permanent housing. The table below details the specific inventory growth in different interventions and housing types needed to meet existing and anticipated future need among homeless households.

Table 8. 5-year Homeless System Inventory Needs
5-Year Inventory Needs, All Homeless Households (Adult Only + Households with Minor Children) Scenario 3 / Increased Investment
Numbers below are cumulative, not new additions needed year over year

Baseline
Inventory
(2021)
Year 1
(2022)
Year 2
(2023)
Year 3
(2024)
Year 4
(2025)
Year 5
(2026)
HP/Rapid
Resolution
56 140 160 190 260 230
Crisis Response
(ES, TH, SH)
1,785 33 2,760 3,410 3,140 1,810 1,390
TH for Youth 153 100 120 140 200 170
Rapid Re-Housing 535 1,180 1,370 1,560 2,180 1,940
Permanent Housing Resources
PSH 3,215 3,790 4,500 5,290 6,490 7,410
PSH-Seniors 0 520 1,090 1,690 2,530 3,190
Dedicated
Affordable Hsg
0 1,570 3,320 5,240 7,870 10,070
Shallow Subsidy 0 830 1,740 2,750 4,090 5,240
Source: Source: CA-502 System Model, Abt Associates, 1/20/22 The table above also shows that in 2021 (the base year, or Year 0) Alameda County had 3,215 permanent housing units for households experiencing homelessness, and in order to serve all of the current and projected need of homeless households, our system will need an inventory of 25,910 permanent housing units by year 5 (2026) of the implementation plan.

Additions to Shelter Inventory

33 Note that a decreased inventory of shelter is reflected here, and in the 2021 System Modelin g, to account for shelter decompression that occurred due to COVID-19 regulations.

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One of the updates that was made to the System Model in 2021 was to temporarily add additional shelter in order to reduce existing unsheltered homelessness. This temporary surge in shelter during the first two years of the Plan while the system’s permanent housing resources are also scaled up.

Figure 5: Impact of Shelter Inventory on Households on Unsheltered Homelessness*

Source: Source: CA-502 System Model, Abt Associates, 1/20/22 *For Adult Only Households

New Investment Needed
The total cost of scaling up both the shelter and housing inventory as well as the additional resource pathways over the coming five years is $2.5 billion. This includes roughly $430 million for additional shelter, $1.68 billion for permanent housing such as dedicated affordable and permanent supportive housing, and $388 million for prevention, rapid rehousing and shallow (more limited) subsidies. It does not include the development costs for new buildings, however includes coverage operations and services, and subsidies to help people rent existing housing.

Similar to their proportion of the homeless population, the investments are roughly 10% ($194 million) for inventory and resources for households with minor children, and 90% ($2.3 billion) for the inventory and resources to serve adult only households, including transition age youth.

Table 9. 5 Year Operations Cost for Homeless System Inventory 5-Year Inventory Costs (operations only, not development) All Homeless Households (Adult Only + Households with Minor Children) Scenario 3 / Increased Investment

Year 1
(2022)
Year 2
(2023)
Year 3
(2024)
Year 4
(2025)
Year 5
(2026)
5-Year Total
HP/Rapid Resolution $2,502,000 $3,022,000 $3,533,000 $5,055,000 $4,680,000 $18,792,000 Crisis Response (ES, TH,
SH)
$85,667,000 $109,121,000 $103,566,000 $61,480,000 $48,402,000 $408,236,000 TH for Youth $3,796,000 $4,549,000 $5,344,000 $7,777,000 $7,107,000 $28,573,000 Rapid Re-Housing $26,166,000 $31,374,000 $36,824,000 $52,978,000 $48,683,000 $196,025,000 PSH $95,786,000 $117,213,000 $142,068,000 $179,312,000 $210,917,000 $745,296,000

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PSH-Seniors $15,630,000 $33,557,000 $53,819,000 $83,004,000 $107,846,000 $293,856,000 Dedicated Affordable
Hsg
$33,099,000 $72,010,000 $116,971,000 $180,761,000 $238,329,000 $641,170,000 Shallow Subsidy $9,050,000 $19,666,000 $31,881,000 $48,613,000 $64,196,000 $173,406,000 Total $271,696,000 $390,512,000 $494,006,000 $618,980,000 $730,160,000 $2,505,354,000 Source: Source: CA-502 System Model, Abt Associates, 1/20/22 Service Needs for People That Remain Unhoused
Although not represented in in the System Modeling, there are many critical services and resources that serve people who are unhoused. These include Coordinated Entry, Street Outreach, housing navigation, landlord liaison programs, among others. It is also important for nonprofit agencies providing these services also have access to capacity building resources to ensure that African American residents and other populations disproportionately impacted by homelessness are effectively and equitably served in Alameda County’s homeless system. These programs contribute to outcomes such as shortening the length of time that households remain homeless, improving health outcomes and behavioral health support, and increasing exits to housing.

5. Four Core Goal Areas and System Performance Measures Drawing from the recommendations to reduce racial disparities in the CRE report, and the need for resources demonstrated by the system model and the feedback of people experiencing homelessness, Home Together 2026 seeks to reduce homelessness and increase equitable housing solutions with four strategics areas of focus. Each area below includes a number of action steps to be taken to promote the goals in keeping with model and overall reduction strategy.

These core goal areas largely correspond to critical system performance measures required by HUD and by the State of California which will be tracked and reported on annually. In addition, the Alameda County community has determined to also measure its impact on rates of unsheltered homelessness and racial disparities in homelessness. Specific targets for reductions and improvements for each of the performance measures below will be set in consultation with the community and with the State of California during FY 21-22.

The sum of the activities undertaken in this Plan are expected to result in 1- An overall decrease in the number of people who experience homelessness 2- A reduction in racial disparities within the homeless population which reduces the overrepresentation of African Americans, Native Americans, Multi-racial people and Native Hawaiian/Pacific Islanders.
1) Prevent Homelessness for our Residents
While many of the people experiencing homelessness in Alameda County have been homeless for long periods of time or have had multiple episodes of homelessness every year people experience homelessness for the first time and seek assistance from the homelessness response system which lacks adequate resources to meet the needs of people already homeless. Data from the 2019 PIT count indicates approximately 31% of the people who are homeless at a point in time have become homeless for the first time.

Racial disparities among newly homeless households are even more extreme than among the homeless population overall, especially for African Americans, Native Americans, Native Hawaiian and Pacific Islanders and multiracial people.

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Table 10. Racially disparate rates of new Homelessness
African
Americans
Native
Americans
Multiracial Native HI/Pacific
Islander
Percent of County Population 11% 1% 5% 1%
Percent of newly homeless 58% 5% 6% 2%
Rate of new homelessness 5.3 5 1.2 2
Source: Oakland-Berkeley-Alameda County Continuum of Care. Centering Racial Equity in Homeless System Design. January 2021.

Prevention assistance is typically administered outside the homelessness response system covered by social services and community development funding streams. Research shows that while many low- income people experience housing crises that could lead to homelessness, people most likely to become homeless have specific risk factors including extremely low incomes, histories of homelessness, and living in highly impacted neighborhoods.34 To be effective, resources to prevent homelessness must target those with the greatest likelihood of becoming homeless. To reduce new incidents of homelessness, we must direct resources to those closest to becoming homeless without assistance, and to those who have lost housing but can recover it with timely support.

Another contributing factor to continuing homelessness is that some households assisted into permanent housing through the homelessness response system may lose their housing again when program resources run out or circumstances change. Returns to homelessness in Alameda County are higher among African Americans and Native Hawaiian/Pacific Islanders.

Table 11. Disparities in Rates of Return to Homelessness, FFY 2019 System Average African Americans Native Hawaiian/Pacific Islanders
Rate of Return to
Homelessness
18% 21% 23%
Source: Oakland-Berkeley-Alameda County Continuum of Care. Centering Racial Equity in Homeless System Design. January 2021.

Home Together proposes to reduce the rates of return to homelessness by half from 21% in 2022 (Year 1 of the Plan) to 9% in 2026 (Year 5 of the Plan).35 To address racial disparities in new homelessness and returns to homelessness, programs will be targeted and tailored to specific household needs and the county’s providers and administrators will target and track these disparities.

Three activity areas specifically target reductions in new homelessness and returns to homelessness.

1. Focus resources for homelessness prevention on people most at risk a. Work with government and private funders to increase targeted prevention for people most likely to become homeless. Highlight risk factors including extremely low incomes,

34 Center for Evidence-based Solutions to Homelessness. Homelessness Prevention, A Review of the Literature.

January 2019.
35 Source: Adult Only Household Model. CA-502 System Model, Abt Associates. 1/20/22. Note rates are for Adult Only households.

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histories of homelessness, and living in neighborhoods with high rates of poverty and evictions.
b. Tailor outreach and prioritization to reach those at highest risk and coordinate these efforts in all areas of the county.
c. Implement and expand shallow subsidy availability for people with fixed or limited income with housing insecurity. Provide capped rental assistance to relieve rent burden and reduce the risk of becoming homeless.

2. Rapidly resolve episodes of homelessness through Housing Problem Solving a. Add resources to flexible funding pools for Housing Problem Solving, a practice of helping people newly homeless or on the verge of homelessness to identify rapid solutions to their situation with light financial support
b. Offer Problem Solving training and funding throughout system so that providers can quickly assist people when and where they seek help.

3. Prevent returns to homelessness
To reduce disparities based on race, learnings from the CRE process demonstrate that providing ongoing or renewed support to people who have been homeless will improve equitable housing outcomes. Some specific areas highlighted as effective include:
a. Target time-limited Rapid Rehousing resources to serve households with an ability to increase income. Given the high cost of rent in Alameda County, time-limited resources should be matched with people who have a feasible plan to pay market-rate rent or identify a replacement subsidy.
b. Partner with educational, vocational and employment services to ensure that people moving toward employment have strong support in obtaining and maintaining employment. Build connections to educational programs with career pathways, supported employment for people who are formerly homeless, and job placement assistance for people seeking new roles.
c. Establish a flexible funding pool for preventing homelessness, including shallow subsidy option.

Corresponding System Performance Measures
Progress on this goal area will be tracked using two system performance measures and corresponding measures of increased racial equity.
2a. Reduce the number who become homeless for the first time 2b. Reduce the racial disparities among people overrepresented within who becomes homeless for the first time, African Americans, Native Americans, Multi-racial people and Native Hawaiian/Pacific Islanders.
3a. Reduce the number of persons who return to homelessness after exiting homelessness. 3b. Reduce the racial disparities among people overrepresented within who return to homelessness, African Americans, and Native Hawaiian/Pacific Islanders.

2) Connect People to Shelter and Needed Resources

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To reduce homelessness and create additional and more rapid pathways to housing, people experiencing homelessness need access to shelter and critical service supports while in crisis and while in the transition to housing. This will require expanding and supporting the network of agencies that serve as entry points for the system and provide housing problem solving and navigation services. It also necessitates reducing the barriers to entry to services for people experiencing homelessness. Additionally, this will involve working closely with mainstream services such as hospitals, jails and foster care to help people in those systems avoid homelessness.

In 2020 and 2021, Alameda County’s system of care significantly expanded access points and undertook improvements to the coordinated entry process which connects people in need to shelter and housing.

Changes were made to increase the availability of Housing Problem Solving services targeting creative housing solutions, allowing Housing Resource Centers (designated access points) to support everyone who is experiencing homelessness who accesses their services. A separate crisis queue and process for shelter and transitional housing resources was established to shorten the time people in need wait for shelter. Greater transparency was also built into the process with access points providing real-time communication to participants about available housing resources, their likelihood of receiving a match, and support with appropriate next steps. Continued oversight and improvement of coordinated entry is a priority for the future and monthly Regional Housing Coordination meetings and Learning Communities are focused on improving coordination of care and increasing collaboration.

While this plan focuses primarily on expanding housing to end homelessness, it also plans for a significant increase in shelter to provide people safe places to be off the street and to connect to the rest of the system’s resources. During the 2019 PIT Count, nearly 80% of the population experiencing homelessness in Alameda County were unsheltered. During the COVID-19 pandemic the community rapidly stood up over 1,000 temporary shelter units in non-congregate settings such as hotels and trailers. People sheltered in these sites were connected to housing at much higher rates than those in traditional (congregate) shelter and unsheltered settings.

An analysis of the unsheltered population using homelessness data and health system data indicates at least 48% of unsheltered people contacted by a street outreach program have one or more vulnerabilities such as advanced age, a health or mental health condition, and/or barriers to housing like eviction history or criminal justice system contacts. Vulnerable unsheltered people in the county are also more likely to be African American than any other race or ethnic group. Shelter resources will be added to the portfolio of resources in the county for vulnerable adults and children, while still focusing most resources on housing additions to ensure movement from shelter to housing. It is the goal of the Home Together plan to gradually repurpose non-congregate shelter sites to be used as housing.

Behavioral health services are a critical component of service delivery in all areas of homelessness response. Efforts are being made to increase clinical support available through Street Health, Shelter Health, and other teams as part of Healthcare for the Homeless programs, and in housing planning, and tenancy sustaining services, preventing returns to homelessness. Connections to mental health services are built into pathways to housing in the homeless system through Emergency Shelter, Rapid Re- Housing and Permanent Supportive Housing.

1. Provide neighborhood-based access where people are most likely to lose housing a. Expand resources in neighborhood-based access points, targeting neighborhoods with the highest numbers of people with insecure housing situations. b. Add access point outreach staff to connect people to these services in the field.

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c. Set up monthly training for 211 operators
d. Develop the capacity for 211 to track and follow up with people seeking resources

2. Lower programmatic barriers and expand a range of crisis and behavioral care services a. Add additional laundry, hygiene, and storage options b. Provide accessible behavioral health services to people with serious mental illness or substance use needs and who are unsheltered, in shelter, or in supportive housing programs.

3. Prevent people from being discharged from mainstream systems back to homelessness a. Increase medical and mental health respite with defined housing; pathways; HCSA estimated need of 250-300 added beds length of stay.
b. Stabilize and expand board and care portfolio through new state funding and land trust to correspond with behavioral health system gaps analysis. c. Implement exit strategy for all homeless criminal justice clients with shelter, housing, and supportive services. Evidence indicates a promising model in low-barrier non-congregate shelter for people exiting criminal justice settings, paired with housing navigation and tenant-based vouchers.
d. Connect transition age youth leaving foster care to youth-dedicated rapid and supportive housing programs through ongoing dedication of resources targeted to youth nearing exit from care.

4. Add 1,625 temporary additional shelter beds, especially non-congregate models, to serve vulnerable adults and families with children.
e. Focus resources on a short-term increase in shelter to double the amount of shelter currently available and reduce unsheltered homelessness
f. As new housing comes online, transition non-congregate shelters to permanent housing or remove from system
Corresponding System Performance Measures
Progress on this goal area will be tracked using the above measures related to new and returning homelessness, and these two measures of reductions in unsheltered homelessness. 3a. Reduce the number who are unsheltered at a point in time 3b. Reduce the racial disparities among people overrepresented among those who are unsheltered. 4a. Increase successful placements from street outreach to indoor locations 4b. Monitor for racial disparities placements from street outreach and address any disparities 3) Increase Housing
The system modeling and interviews with people experiencing homelessness indicate that the single most important step to reduce homelessness dramatically and permanently is to create permanent housing opportunities for people experiencing homelessness throughout the county. Our System Modeling shows that the homelessness response system is starting (in 2021) with an inventory of 3,215 permanent housing units, and that by year 5 (2026), our system will need a total of 25,910 permanent housing units and subsidies. (See Table 7 above “5 Year Inventory Needs”)

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Some permanent housing units will become available each year through unit turnover (at an estimated rate of 8%), and the rest of the need will be for new housing inventory. The total cost of operating permanent housing from year 1 (2022) through year 5 (2026) is estimated to be $1.68 billion. This cost is for operations only and does not reflect additional development costs.

New projects to increase inventory include expansions in exiting models like rapid rehousing and permanent supportive housing as well as significant investment in newer models such as dedicated affordable housing and shallow subsidies that allow people to have housing that allows them independence and autonomy, a strategy recommended to be more effective in reducing racial disparities.

Today’s pipeline of projects show that new projects will increase the inventory by 1,500 in the first two years, but resources must be identified for thousands more units. New one-time resources are anticipated from both the Federal and State governments which will assist with this goal, but ongoing local resources will be needed to meet the ambitious targets that necessary to bend the curve.

Total units needed by year 5 (2026)

1. Add a total of 4,195 units of permanent supportive housing for households who need intensive services.

2. Add 3,190 permanent housing units for vulnerable seniors with more intensive health focused services designed to help keep people in their homes.

3. Create a total of 10,070 Dedicated Affordable housing units and subsidies for people with lower service needs
a. The CRE report and system model includes adding new capacity to provide affordable housing without time limits for 30% of the adult only households and 28% of family households
b. Add capacity within the system to support new dedicated affordable units including staff for a new flexible subsidy program for providing operation support (Local Operating Subsidy Program) additional Coordinated Entry staffing and lighter and variable supportive services

4. Create 5,240 new Shallow subsidies that provide a fixed level of support for households with fixed or very low incomes

5. Add approximately 2,000 new slots of rapid rehousing targeted to households with potential to increase income

6. Couple these resources with expansions in employment programs

7. Ensure new housing funding is distributed according to need and location across the county.

8. Encourage affordability and housing stock retention in private market.

9. Reduce entry barriers to housing and focus on ensuring proportionate housing placement and retention for overrepresented groups, as well as access to additional resources and priority when applicable
Corresponding System Performance Measures
Progress on this goal area will be tracked using two system performance measures and corresponding measures of increased racial equity.
5a. Increase the number of people exiting homelessness into permanent housing 5b. Monitor for any emerging disparities and maintain racial equity within people exiting homelessness into permanent housing.
6a. Reduce the length of time a person experiencing homelessness remains homeless

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6b. Monitor for racial disparities in length of time homeless and address disparities 4) Strengthen Coordination, Communication and Capacity
This plan emerges at a time of great uncertainty. While new resources are anticipated, how much will become available when, and what may happen with COVID-19 and other factors which may impact homelessness, are unknown. For this reason, this Plan must be closely tracked and refined over time and its projections will be updated as new resources become available. A community-wide commitment to improve and use the communities HMIS data for tracking and accountability is a central tenet of the Plan.

Improved communication about efforts and impacts are also key to keeping the buy-in of the partners and the confidence of the community. This includes expanding the range of partners to other system of care that overlap with the homelessness response system and ensuring that both housed and unhoused people have access to the best information about current and anticipated resources.

Finally, the network of programs and providers will have to be strengthened and grow to reach the Plan goals. Alameda County benefits from a strong network of nonprofit agencies committed to addressing homelessness and delivering services and housing to those in need. But these agencies are stretched to close to capacity, are often under resourced and do not fully represent the communities that experience homelessness. Resources must be targeted to strengthen providers partners ability to recruit and retain staff and to expand access to resources and contracts for organizations that serve, employ and are led by historically marginalized communicates and people of color.

1. Use data to improve outcomes
a. Improve HMIS coverage and confidence in HMIS to be the primary method for future data tracking
b. Consider potential to increase frequency of Point in Time Count to annual (currently biennial) so that impacts are seen more quickly
c. Improve tracking on resources and inventory to support ongoing evaluation and reporting d. Regularly review system and program outcomes disaggregated by race e. Work to integrate RBA processes

2.  Improve messaging and information availability
a. Centralize homeless related resource information and provide regular system updates to a wide variety of partners
b. Provide an annual plan update on progress and challenges with proposed modifications to the following year’s action plan
c. Complete a full inventory of current and anticipated resources for all key partners and identify the funding gap and strategies to fill it

3. Improve system alignment and coordination
a. Ensure coordination among countywide systems including criminal justice, child welfare and hospital systems to prevent people from exiting into homelessness, and from one system into another.

4. Build infrastructure to support new and expanded programs a. Develop and strengthen career pathways in housing and service provider organizations

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b. Support service providers and other nonprofit organizations serving homeless populations to improve their ability to hire and retain staff
c. Expand provider networks to incorporate historically marginalized communities and more organizations serving communities of color, and support increased capacity within these networks
d. Ensure public and community agencies have staffing to meet expanded contracting and capacity needs
e. Ensure behavioral health access and resources are available to smaller provider organizations
Corresponding Performance Measures
There are no State required system performance measures that correspond to this goal area. The community will use the improved data collection process to track progress on all of the other outcomes for this plan. The partners will also track resources and investments to meet the Plan goals and to identify outstanding gap areas.

In addition, community partners will collect data to track the capacity of the system partners and especially to expansion of resources to provider organizations serving historically marginalized communities and communities of color.

7. Resources, Gaps and Allocation Plan
Today, homelessness in Alameda County is addressed through a wide variety of both homeless- targeted and general population resources from Federal, State, local specific and general funds and private sources. In FY 20-21, the estimated Maintenance of Effort (MOE) budget for funds identified and allocated toward the homelessness response system just for the County exceeded $110 million.

This does not include funding that cities invest directly in their own efforts or in nonprofit programs, nor private dollars that nonprofit organizations raise. It is estimated that all together the resources in the homelessness response system annually are closer to $170 million, apart from one-time COVID funds. While this is significant, it is still much lower than the roughly half billion dollars per year needed to meet the Plan targets.

Figure 6. FY 20-21 Homelessness Budget by County Department and Category

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Figure 7. FY 19-20 City Homelessness Budgets

To achieve the needed expansion level will take a significant investment of new resources. Some of these are anticipated to come from anticipated increases in Federal and particularly in State resources dedicated to expanding affordable housing and ending homelessness.

With resources from a notable budget surplus, the State of California has committed to a one-time investment of more than $12 billion in homelessness and another $10 million in affordable housing.

Alameda County and the City of Oakland both anticipate receiving a significant increase from this in funds for the HHAP, Homekey and new programs such as the Encampment Resolution Funds and Family Homelessness Challenge Grants.

These new funds will build on investments already in the pipeline from the State’s No Place Like Home program and Alameda County’s Measure A1 which contribute to new housing units set to open in the first few years of the Plan.

Due to the advent of COVID-19, a range of onetime funds to provide shelter and housing have also already been put to work. The federal FEMA program, State Project Roomkey and matching local funds opened hundreds of hotel rooms for people impacted by or at risk of COVID and the State’s Project Homekey and federal Emergency Housing Vouchers have helped transition some of these hotels to permanent housing while providing housing vouchers for 900 people. The investment from these programs expanded capacity for more than 1,300 people in permanent housing, just from the initial allocations through 2021.

Altogether, this unprecedented infusion will help to jump start the plan goals for both housing and shelter expansion, but the one-time nature of most the funding and the growing gap in the later years of the plan still leave a significant gap that will need to be filled locally.

In addition to the need for significantly more funding and resources to expand housing and program capacity, resources will need to be distributed throughout the County, aligned to these joint goals and with built-in accountability. In 2021, representatives from cities and county agencies proposed a method for allocating funds that pass through the county, intended for homelessness response.

Because the County is a direct recipient of many funds and has the ability to support efforts throughout the entire geography, Alameda County will coordinate a countywide effort to leverage city and county resources. The cities will play a critical role, both through the provision of local and some dedicated federal and state resources and as overseers of land use planning for shelters and permanent housing.

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Together these partners will work to align efforts and stretch both the existing resources and new funding as it emerges.

Project funding through this collaborative allocation plan will be tied to the programs meeting the performance goals outlined in this Plan or that show a plan for targeted capacity for small, emerging and/or BIPOC led (and serving) agencies or new, innovative programs.

Completing a full inventory of current and anticipated resources is a next step to access State funding and to track investments in the Plan. Once completed, the resource tracking will be incorporated as an appendix to this plan and reported on annually. The County and city partners will create action plans with two-year cycles including anticipated investments and timelines for unit and program creation, which will be updated and reported during each two year cycle.

8. Tracking and Monitoring
Close tracking and monitoring of the impacts of the implementation of programs and strategies in the Home Together Plan are critical to achieving reductions in homelessness in Alameda County.

Data for these measures will be consistently disaggregated by race to enable tracking for equity impacts and improvements as well as overall system improvements.

Data sources used for these estimates include the annual Housing Inventory Count (HIC) and CoC partner inventory pipeline estimates, the Point in Time Count (PIT) and data from the Homeless Management Information System (HMIS), including Coordinated Entry.

While some of the data used for planning came from the PIT count, data from HMIS continues to improve, and will be used as the primary data source for monitoring. The PIT Count provides an additional check on the accuracy of assumptions about Alameda County’s homeless population. Over the next five-years the CoC will also be focused on improving tracking of existing and pipeline housing and shelter inventory and resources, with the goal of having the ability to capture data on new units and resources as they come into the system.

The Homeless System Model will be used as a dynamic tool to continue to evaluate how conditions on the ground match modeling predictions. The CoC Board, through its subcommittees, will have a lead role in overseeing the system modeling, expanding data collection and improving data quality and consistency, evaluating and monitoring data inputs for the model as well as for reporting on local and state requirements.

Updated data measures and system modeling evaluation will be used for internal and policy guidance, to provide services that fit the needs of individuals and families experiencing homelessness, and for communicating to stakeholders. In order to streamline and make data accessible about the homeless system and the impact of the Home Together implementation Plan, public facing dashboards highlighting the system and racial equity measures above will be developed and posted to the EOH and HCSA (OHCC) websites.

9. Conclusion
The Home Together 2026 Plan is the result of bold visioning and commitment across all county stakeholders to look critically at what is happening today and recognize that without significant new investment and effort, homelessness will not decrease and will in fact continue to grow. The human cost of continued widespread homelessness, and the vast racial disparities in who is most impacted, is not acceptable. The situation requires unprecedented coordination, commitment and investment.

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To reverse the trend and make dramatic progress on reducing homelessness, Home Together 2026 adopts bold, ambitious, and measurable goals for Alameda County, both for reducing homelessness and for achieving greater racial equity. The Plan builds from results of system modeling and racial equity analysis to lay out new pathways and program models. To bring these new programs and solutions into being will take committing every available dollar from the County and its partners in ways that uphold performance and invest in working and desired models. The Countywide allocation plan envisions alignment between the County, cities and other funders to make these investments possible.

The community adopts this plan and vision at a time when the future is uncertain. New resources, both one time and ongoing, received in 2021 and anticipated in the future provide the foundation for achieving the Plan, but alone are not enough to realize its vision. The response to COVID-19 has shown that the community can pull together and can work at speeds we have not seen before, a strong foundation to build from. However, we face continuing challenges include uncertainties from COVID- 19, unpredictable housing markets and future State, Federal and local budgets, and an overtaxed public and non-profit sector with significant capacity needs.

All of these unique opportunities and challenges require continuing the level of unprecedented collaboration and coordination, building on the progress made since COVID-19 to unify the community response and build an aligned response system. With these commitments and agreements for joint accountability we will, by 2026, be Home, Together.

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DRAFT Home Together 2026
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APPENDICES
A. Glossary of Terms
B. Summary Table of System Performance Measures - In Process C. Summary Table of Numeric Inventory Goals by Year - In Process D. Detail on County Allocation Plan - In Process
E. System Model Methodology - In Process
F. Contributors - In Process

APPENDIX A. Glossary of Terms
Key Terms and Definitions
Adult Only Household: represents one or more adult(s) experiencing homelessness together without minor children.

Continuum of Care (CoC): a regional or local planning body that coordinates housing and services funding for homeless families and individuals.

Coordinated Entry System: Alameda County’s Coordinated Entry System is used to connect residents experiencing homelessness to resources in our county’s homeless system.

Emergency Shelter: Any facility that provides temporary shelter for people experiencing homelessness.

Homeless Management Information System (HMIS): A Homeless Management Information System (HMIS) is a local information technology system used to collect client-level data and data on the provision of housing and services to homeless individuals and families and persons at risk of homelessness.

First time homelessness (or new homelessness): A person or household who has lost housing and become homeless for the first time.

Homeless System Model: A model for the optimal homeless system that effectively and equitably allocates resources and prioritizes investments to end homelessness.

Homeless: People who are residing in emergency shelter, transitional housing, on the street, or in another place not meant for human habitation.

Household with minor children: represents one or more adult(s) experiencing homelessness together with minor children.

Housing Inventory Count (HIC): Required by HUD, the HIC is a point-in-time inventory of all of the dedicated beds and units within a Continuum of Care’s homeless services system, categorized by type of project and population served.

Inflow: the number of people entering the homeless services system each year. Inflow is not synonymous with the number of people newly experiencing homelessness, as it also captures people with previous episodes of homelessness and homeless people with unmet needs carrying over from the previous year.

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Non-congregate shelter: locations where each individual or household has living space that offers some level of privacy such as hotels, motels, or dormitories.

Housing Navigation: housing navigation involves helping a household that is homeless develop a housing plan, address the barriers identified during the plan, and acquire documentation and complete forms required for housing.

Housing Pathway: The set of programs and resources expected to be used by a household experiencing homelessness in order to be temporarily sheltered and to become permanently housed. The modeling for the Home Together Plan uses assumption about a variety of different housing pathways to determine the resource needs and gaps.

Housing Problem Solving: Housing problem solving is an approach to help homeless households use their strengths, support networks, and community resources to find housing.

Housing Resource Center: Dedicated Housing Resource Centers (also referred to as “Access Points”) are located throughout Alameda County and are locations where people experiencing homelessness can connect with available resources and services.

Older Adults: adults aged 55 and older; also referred to as Seniors.

Permanent Supportive Housing (PSH): Permanent subsidies based on income and services to keep tenants in stable housing.

Point in Time (PIT) Count: An unduplicated one-night estimate of both sheltered and unsheltered homeless populations (to be distinguished from the number of people experiencing homelessness annually).

Project Homekey: Through Project Homekey the state awards funding that allows municipalities to purchase and rehabilitate hotels, motels, vacant apartment buildings and other properties, and convert them into permanent, long-term housing.

Project Roomkey: Established in March 2020 as part of the state response to the COVID -19 pandemic, the purpose of Project Roomkey is to provide non-congregate shelter options for people experiencing homelessness, protect human life, and minimize strain on health care system capacity.

Racial Equity: The systemic fair treatment of people of all races that results in equitable opportunities and outcomes for everyone. All people are able to achieve their full potential in life, regardless of race, ethnicity, or the community in which they live.

Racism: a belief that race is a fundamental determinant of human traits and capacities and that racial differences produce an inherent superiority or inferiority of a particular race; behavior or attitudes that reflect and foster this belief. Racism takes many forms, including:

Rapid Re-Housing (RRH): Time-limited rental subsidy and support services with the intention of the household taking over lease and sustaining on their own.

Sheltered homelessness: A person experiencing homelessness who is living in a supervised publicly or privately operated shelter designated to provide temporary living arrangement.

Results Based Accountability: A framework that uses a data-driven, decision- making process to help communities and organizations identify population level results and monitor their programs' performance in order to determine how to improve their impact on the clients they serve.

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Returns to homelessness : The rate at which people who have been homeless and become rehoused loss that housing and return to the homelessness response system.

Shallow Subsidy: A housing subsidy that is typically less than the amount of a full or deep subsi dy such as a Housing Choice Voucher, and which is usually calculated at a flat monthly amount or a specific percent of rent.

Shallow subsidies can be time limited or can be indefinite.

Street Health Outreach: Street Health teams provide access to care that meets the unique needs of people experiencing homelessness through regularly scheduled outreach services offered to unsheltered people living in homeless encampments, vehicles, and RVs. Street Health teams engage people living on the streets with highly accessible, patient-centered care. They strive to build relationships that lead to long-term health through connections to primary care, social services, housing, and other resources.

Structural Racism: A system in which public policies, institutional practices, cultural representations, and other norms work in various, often reinforcing ways to perpetuate racial group inequity.

System Performance Measure: Measures defined by HUD to evaluate and improve homeless assistance programs by understanding how programs are functioning as a whole and identifying where improvements are necessary.

Transition Age Youth (TAY): youth between the ages of 18 and 24.

Unsheltered homelessness: A person with a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings, including a car, park, abandoned building, bus or train station, airport, or camping ground.

Acronyms Used in the Home Together 2026 Plan
BIPOC: Black, Indigenous and People of Color
CoC: Continuum of Care
CRE: Centering Racial Equity in Homeless System Design report DHCS: California’s Department of Health Care Services
EOH: EveryOne Home
HCSA: Health Care Services Agency
HHAP: Homeless, Housing Assistance Program
HIC: Housing Inventory Count
HMIS: Homeless Management Information System
HRC: Housing Resource Center
HUD: US Department of Housing and Urban Development
IPV: Intimate Partner Violence
LGBTQ: stands for lesbian, gay, bisexual, transgender, queer/questioning OHCC: Alameda County’s Office of Homeless Care and Coordination PIT: Point-In-Time

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PSH: Permanent Supportive Housing
PTSD: Post-traumatic stress disorder
RBA: Results Based Accountability
RRH: Rapid Re-Housing
SMI: Serious Mental Illness
SUD: Substance Abuse Disorder
TAY: Transition Age Youth
TH: Transitional Housing
THP: Transitional Housing Program
UIY: Unaccompanied Immigrant Youth
VA: U.S. Department of Veteran’s Affairs
YHDP: Youth Homelessness Demonstration Program

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CITY COUNCIL STAFF REPORT
ITEM NO. 5.9

DATE:

April 25, 2022
TO:

Honorable Mayor and City Council
FROM:

Marc Roberts, City Manager
SUBJECT:

Resolution designating the Administrative Services Director as the City Treasurer

RECOMMENDED ACTION

Staff recommends City Council adopt a resolution designating the Administrative Services Director as the City Treasurer.

SUMMARY
Due to the retirement of Douglas Alessio, the current appointment of the Administrative Services Director as City Treasurer was rescinded in December 2021 and the Finance Manager was appointed to the position of City Treasurer until such time as the City Manager filled the Administrative Services Director position. The City Manager appointed Tina Olson as the Administrative Services Director effective March 7, 2022. The Finance Manager is retiring effective April 25, 2022, which necessitates replacing the Finance Manager with the Administrative Services Director as the City’s Treasurer.

DISCUSSION
On January 9, 2012, Resolution No. 2012-004 was adopted appointing the person holding the title of Administrative Services Director for the City of Livermore to serve as its City Treasurer.

The Treasurer is responsible for receiving, disbursing, and securing, the City's pooled cash. Financial reporting is also a large duty of the City Treasurer, as statements on the City's financial standing are needed by a variety of other state and local offices. In addition to administering certain financial activities as set forth in the Livermore Municipal Code, the Treasurer is also responsible for the collection of delinquent fees and taxes. The City Treasurer also has a fiduciary responsibility for the purchase and sale of bonds for the City.

On June 28, 2021, pursuant to California Government Code Section 53607, the City Council adopted Resolution No. 2021-108, adopting the City of Livermore Investment Policy and delegating to the Administrative Services Director serving as the City Treasurer for a period of twelve (12) months, giving the authority to invest the City’s pooled treasury funds in accordance with the Investment Policy. 283

As previously noted, on December 13, 2021, City Council adopted Resolution 2021-216 to appoint the Finance Manager as the City Treasurer after the retirement of Douglas Alessio, the previous Administrative Services Director. Since then, the City Manager appointed Tina Olson as Administrative Services Director effective March 14, 2022. In addition, the Finance Manager is retiring effective April 25, 2022, necessitating designating the Administrative Services Director as the City Treasurer.

To ensure that the City continues to have a City Treasurer after the Finance manager retires, staff recommends that City Council adopt a resolution designating the Administrative Services Director as the City Treasurer to associate the treasury functions and powers with the position rather than a particular person by name who may leave or be reassigned.

Staff also recommends that the City Council delegate the authority to invest the City's pooled treasury funds in accordance with the Investment Policy to the Administrative Services Director serving as the City Treasurer and that all references to the Finance Manager in the Investment Policy be amended to read Administrative Services Director.

The delegation of investment authority and responsibility from the City Council to the Administrative Services Director serving as the City Treasurer will allow the Administrative Services Department to continue the prudent investment of the City’s pooled treasury funds and manage the City's cash flow needs.

FISCAL AND ADMINISTRATIVE IMPACTS

There are no fiscal or administrative impacts associated with this appointment.

ATTACHMENTS

1. Resolution

Prepared by: Tina Olson
Administrative Services Director

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION DESIGNATING THE FINANCE MANAGER AS THE

CITY TREASURER
The City of Livermore is a general law city of the State of California.

The City Treasurer is a statutory position for a general law city. Government Code section 36508 provides that general law cities may designate their treasurers by City Council appointment, after voter approval for the Council to do so.

In 1999, the voters in the City of Livermore approved a measure directing that the position of City Treasurer be a Council-appointed position. Soon after in 2000, the City Council adopted Livermore Municipal Code section 2.13.010, which vests the City Council with the power to appoint the City Treasurer. Since that time, the Council has appointed Livermore’s City Treasurer.

On January 9, 2012, the City Council adopted Resolution No. 2012-004 appointing the person holding the title of Administrative Services Director for the City of Livermore to serve as the City Treasurer for the City of Livermore. The treasury functions and powers were associated with the position of Administrative Services Director, rather than a particular person by name who may leave or be reassigned.

On June 28, 2021, the City Council adopted Resolution No. 2021-108 adopting the City of Livermore Investment Policy and delegating investment delegated to the Administrative Services Director serving as the City Treasure for a period of twelve months the authority to invest the City’s pooled treasury funds in accordance with the Investment Policy.

Effective September 13, 2021, Douglas Alessio was promoted from Administrative Services Director to Assistant City Manager, but he continued to concurrently hold the title and responsibility for the Administrative Services Director position, and therefore the City Treasurer.

On November 30, 2021, Douglas Alessio, the Assistant City Manager/Administrative Services Director, retired.

On December 13, 2021, the City Council adopted Resolution No. 2021-216 appointing the person holding the title of Finance Manager for the City of Livermore to serve as the City Treasurer for the City of Livermore.

On March 7, 2022, the City Manager appointed a new Administrative Services Director, Tina Olson and the Finance Manager, Bhavna Chaudhary, is retiring effective April 25, 2022
285
RESOLUTION NO. ________
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that Resolution No. 2021-216 appointing the Finance Manager to fill the position of City Treasurer is hereby rescinded.

BE IT FURTHER RESOLVED that the City Council determines that the person serving as the Administrative Services Director shall serve as the City Treasurer, and hereby appoints the person holding the title of Administrative Services Director for the City of Livermore to serve as the City Treasurer for the City of Livermore.

BE IT FURTHER RESOLVED now that Resolution 2021-216 has been rescinded, the Investment Policy adopted by Resolution 2021-108 is also amended to replace all references to the “Finance Manager” to return to language in the Investment Policy as adopted by Resolution 2021-108 to now refer to the “Administrative Services Director,” and the authority to invest the City’s pooled treasury funds in accordance with the Investment Policy is once again delegated to the Administrative Services Director as set forth in the Investment Policy.

On motion of Council Member , seconded by Council
Member , the City Council passed the foregoing resolution on April 25, 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ATTEST: APPROVED AS TO FORM:
/s/ Jason Alcala
Marie Weber Jason Alcala
City Clerk City Attorney
286

CITY COUNCIL STAFF REPORT
ITEM NO. 6.1

DATE:

April 25, 2022
TO:

Honorable Mayor and City Council
FROM:

Paul Spence, Community Development Director
SUBJECT:

Hearing to consider the Community Development Block Grant (CDBG) and HOME Investment Partnership Program's Annual Action Plan for FY 2022-23 and authorizing submittal to the U.S. Department of Housing and Urban Development

RECOMMENDED ACTION

The Human Services Commission and staff recommend the City Council adopt a resolution:
1 .

Department of Housing and Urban Development (HUD); and
2 .

Authorizing the City Manager, or his designee, to sign all related documents, and to make adjustments to the Action Plan as needed based on the HUD allocation.

SUMMARY
The US Department of Housing and Urban Development (HUD) requires that all state, county, and local governments receiving Community Development Block Grant (CDBG) and HOME Investment Partnership (HOME) funds complete an Annual Action Plan that identifies federal, state, and local funding resources the City will utilize to meet the priorities established in its Five-Year Consolidated Plan (Consolidated Plan) covering Fiscal Years 2020-2024.

DISCUSSION
The Annual Action Plan identifies the agencies recommended by the Housing and Human Services Commission to the City Council to receive CDBG and HOME funding, how each of the selected agencies meet the funding goals and priorities established in the City’s Consolidated Plan, and the ways in which CDBG and HOME funds will be leveraged with other local resources (see Resolution Exhibits A and B for the Action Plan and required HUD certifications). As part of this process, the City Council must hold a public hearing to solicit public comments regarding the FY 2022-23 Annual Action Plan activities and proposed funding allocations.

287
The Action Plan identifies federal, state, and local resources available to the City of Livermore that will be utilized to meet the priorities established in the Consolidated Plan. Priorities and goals identified in the Action Plan will support a continuum of programs that help low-income, underserved Livermore families achieve a goal of self-sufficiency. Also included in the Action Plan are programs to support a continuum of housing resources to assist low-income renters and homeowners, persons experiencing homelessness and/or persons at risk of homelessness, and to reduce incidents of housing discrimination through education on fair housing laws. The programs funded will also support a wide range of services that assist limited English-speaking persons and special needs populations including the disabled and seniors.

As a part of the application process, subrecipients of grant funds are required to identify how they will complete quantifiable goals related to creating suitable living environments, decent affordable housing, and/or increasing economic opportunities for low-income persons. Staff estimates that the City’s grantees will serve over 10,000 low-income Livermore residents over the next year.

FISCAL AND ADMINISTRATIVE IMPACTS

Funding for the projects and/or programs identified in the Action Plan will be made available through federal CDBG funding (Fund 613) in the estimated amount of $432,000 and federal HOME funding (Fund 671) in the estimated amount of $139,500. The City has not received the final FY 2022-23 allocation amounts from HUD, and the estimated amounts included in this report are based on the prior fiscal year allocation amount. The grant awards will be increased or decreased proportionally from the estimated amounts once the final allocation is received. Administrative costs associated with preparation and execution of the FY 2022-23 Action Plan are reimbursed through the City’s CDBG and/or HOME entitlement allocations.

ATTACHMENTS

1. Resolution

2. Exhibit A- FY 2022-23 Annual Action Plan

3. Exhibit B- HUD Certifications

Prepared by: Amy Walker
Management Analyst 1

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA A RESOLUTION APPROVI NG THE FY 2022-23 ANNUAL ACTION PLAN AND AUTHORIZING SUBMITTAL TO THE U.S. DEPARTMENT OF HOUSING AND

URBAN DEVELOPMENT
Each year, the City of Livermore receives federal Community Development Block Grant ("CDBG") funds as an entitlement City, as well as HOME Partnership Investment ("HOME") funds as part of the Alameda County HOME Consortium, from the U.S.

Department of Housing and Urban Development ("HUD") for allocation to eligible non-profit and public service organizations whose mission is to serve low-income residents in Livermore.

A requirement of receiving federal CDBG and HOME funds is the submittal of the City's Five- Year Consolidated Plan (FYs 2020-24), and submittal of an Annual Action Plan update each year to HUD which identifies the City's goals, priorities, and plans of implementation to serve Livermore's low-income residents as outlined in the Five-Year Consolidated Plan.

Based on historical allocations, staff estimated conservatively that the City would receive approximately $432,000 in CDBG funds and $139,500 in HOME funds. The City will increase or decrease the estimated amount proportionally once HUD notifies the City of the final allocation amounts.

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

1. Approval of the FY 2022-23 Annual Action Plan and HUD Certifications, attached hereto as Exhibits A and B and incorporated by this reference, and their inclusion into the Alameda County HOME Consortium Report for submittal to HUD;

2. The City Manager, or his designee, is authorized to execute all related Annual Action Plan documents on behalf of the City for submittal to HUD and make minor adjustments to the Action Plan as needed based on the actual HUD allocation.

3. The City Manager is authorized to take whatever actions are necessary and appropriate to carry out the purpose and intent of this Resolution, including approving minor changes.

On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on April 25, 2022, by the following vote:
289
RESOLUTION NO. ________
AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Tara Mazzanti
Marie Weber Tara Mazzanti
City Clerk Assistant City Attorney
Exhibit A – FY 2022-23 Annual Action Plan
Exhibit B – HUD Certifications
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!!Consolidated!Plan ! LIVERMORE! !!!!1!
OMB!Control!No:!2506=0117!(exp.!06/30/2018)!
!
!
!
!
ACTION!PLAN!
FY!2022/2023
!
!
!
!
MEMBER!OF!THE!ALAMEDA!COUNTY!
HOME!CONSORTIUM!
DRAFT

EXHIBIT A
291
Annual Action Plan
2022
1 Executive Summary
AP-05 Executive Summary - 91.200(c), 91.220(b)

1. Introduction
The City of Livermore's Fiscal Year (FY) 2022-2023 Annual Action Plan identifies Federal, State, and local resources the City of Livermore will utilize to meet its goals and priorities related to affordable housing and community development activities as outlined in the FY 2020- 2024 Five-Year Consolidated Plan for the Alameda County HOME Consortium, of which the City of Livermore is a member jurisdiction. The Five-year Consolidated Plan and associated Annual Action Plan are the required planning documents completed by entitlement jurisdictions to receive federal funding through the United States Department of Housing and Urban Development (HUD).

The Annual Action Plan identifies the proposed goals, activities, outcomes, and budget for the new fiscal year and the funding resources allocated to the Housing and Community Development projects to meet its established goals.

In FY 2022-2023, the City of Livermore anticipates receiving approximately $432,000 of Community Development Block Grant (CDBG) entitlement funding from the US Department of Housing and Urban Development, and $139,500 of federal HOME Investment Partnerships Program (HOME) funds through the Alameda County HOME Consortium. As of March 24, 2022, the City has not received the final FY22 allocation amounts from HUD. The grant awards will be increased or decreased proportionally from the estimated amounts once the final allocation is received.

2. Summarize the objectives and outcomes identified in the Plan This could be a restatement of items or a table listed elsewhere in the plan or a reference to another location. It may also contain any essential items from the housing and homeless needs assessment, the housing market analysis or the strategic plan.

City programs will address the three main CDBG program goals of 1) creating Economic Opportunities; 2) Creating Suitable Living Environments, and 3) Providing Decent Affordable Housing. Additionally, as required by HUD, City-funded activities and programs will meet one of the three CDBG national objectives of 1) Benefiting low-and moderate-income (LMI) persons; 2) Assisting in the prevention and/or elimination of slums and blight; and/or 3) Meeting an urgent need.

The FY 2022-2023 Livermore Action Plan includes activities to be undertaken by the City of Livermore to implement the Five-Year (FY 2020-24) Consolidated Plan by contributing the following Consolidated Plan goals:

EXHIBIT A
292
Annual Action Plan
2022
2 • Provide rental assistance to target populations as well as people economically impacted by a disaster or emergency, such as the COVID 19 pandemic • Support public service programs for low-income community members, preserving safety net services for families and individuals who are underserved or impacted by a disaster or emergency such as the COVID 19 pandemic
• Acquire and make improvements, including ADA accessibility and emergency preparedness, to public facilities, such as curbs and sidewalks, neighborhood parks and recreational improvements, homeless facilities, and other public facilities/community centers

3. Evaluation of past performance
This is an evaluation of past performance that helped lead the grantee to choose its goals or projects.

Livermore continues to make progress in supporting and developing a continuum of housing resources and social services that will support low-income and vulnerable community members, despite numerous obstacles. The City's Housing and Human Services Division annually monitors Subrecipient agencies that receive Housing and Human Services Grant (HHSG) funds. Staff reviews each agency’s programmatic, fiscal management and performance goals. This information is factored into the Human Service Commission's discussion and evaluation of the agencies’ future request for funding through the annual grant application process. The Commission also uses this information to recommend grant funding to the City Council.

The City's performance relative to its annual objectives can be reviewed in the Consolidated Annual Performance and Evaluation Report (CAPER) that is prepared following the completion of the fiscal year. A draft CAPER is posted for public review to provide an opportunity for public comment on the prior grant cycle’s performance.

4. Summary of Citizen Participation Process and consultation process Summary from citizen participation section of plan.

The Annual Action Plan was developed through a series of community meetings, public hearings and outreach conducted by the City and the Human Services Commission (HSC) and included input from a variety of community members, organizations, and agencies. In Fall 2020, City of Livermore Human Services staff partnered with the Housing Authority, school district, and multiple social services providers to solicit input directly from community members about what social services are most needed. 213 community members participated in this process.

Additionally, the City consulted with representatives from the Livermore Area Recreation and Park District, Housing Authority, School District, and numerous nonprofit organizations on pressing social service needs at a September 28, 2020, Provider Forum.

These priority needs were shared both at a Special Meeting of the Livermore Human Services Commission on October 22nd, 2020, as well as at a Public Hearing that was part of the November 23, 2020, Livermore City Council meeting.

EXHIBIT A
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3 On October 15th, 2020, members of the public as well as County mental health agencies and community-based organizations participated in the Livermore City Council Subcommittee on Homelessness’ community meeting on mental health access for people experiencing homelessness. City staff also participated in a March 17th, 2021, convening of local organizations and jurisdictions to discuss rising food insecurity in the East County due to the pandemic.

These priority needs were shared both at a Livermore Human Services Commission on October 12, 2021, as well as at a Public Hearing that was part of the November 22, 2021, Livermore City Council meeting

The Livermore Human Services Commission then considered what activities to include in the annual Action Plan as part of its grant funding recommendation process at two public meetings in 2022. A 30-day public review period on the draft FY 2022-2023 Action Plan is occurring from March 24, 2022 through April 25, 2022. The draft action plan will be reviewed at a public hearing at the April 25, 2022, City Council meeting. The City of Livermore's notice of the 30- day review period and the City Council's public hearing date was published in both a local English-language newspaper as well as a Spanish-language newspaper. The City made the draft Action Plan available for public review on its website.

5. Summary of public comments
This could be a brief narrative summary or reference an attached document from the Citizen Participation section of the Con Plan.

Public Comments related to the annual Action Plan received at or prior to the Livermore City Council's Public Hearing on April 25, 2022, will be accepted and included in the final document as needed.

6. Summary of comments or views not accepted and the reasons for not accepting them
All comments were received and documented.

7. Summary
In responding to HUD's policy priorities, the City of Livermore and the Livermore Human Services Commission Action Plan activities for FY 2022-2023 focus on addressing the essential needs of low- and very low-income community members in Livermore and are in alignment with the City and HUD goals and priorities.

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4 The next sections of the Action Plan include an overview of the consultation and coordination efforts made by the City of Livermore in developing its annual Action Plan. Section AP-10 consists of a summary of the citizen participation process implemented for the City's annual Housing and Human Services Grants (HHSG) Program. Section AP-12 has a review of expected federal and local resources available to implement the HHSG Program including a description of leveraging plans and uses of publicly owned land. Section AP-15 is a description of the City's annual goals and objectives related to the implementation of the HHSG Program and a description of activities to undertake during program year. Sections AP-20, AP-38, and AP-35 describe the geographical distribution of assistance and Section AP-50 through AP85 describe the City's affordable housing actions, public housing, homeless, special needs, reducing barriers to affordable housing to meet underserved needs, reducing lead-based paint hazards, and reducing the number of families living in poverty.

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5 PR-05 Lead & Responsible Agencies - 91.200(b)

1. Agency/entity responsible for preparing/administering the Consolidated Plan The following are the agencies/entities responsible for preparing the Consolidated Plan and those responsible for administration of each grant program and funding source.

Agency Role Name Department/Agency
Lead Agency LIVERMORE
CDBG Administrator LIVERMORE City of Livermore-Community Development Department HOPWA Administrator
HOME Administrator
HOPWA-C Administrator

Table 1 – Responsible Agencies
Narrative
The City of Livermore Housing and Human Services Division within the Community Development Department is responsible for preparing the Five-Year Consolidated Plan, Annual Action Plan, Consolidated Annual Performance and Evaluation Report (CAPER), and additional related documents. The City of Livermore is a CDBG Entitlement jurisdiction. The City is a member jurisdiction of the Alameda County HOME Consortium and receives HOME Program funds through Alameda County as a member city of the Consortium. Alameda County serves as the entitlement jurisdiction for the Alameda County HOME Consortium.

Consolidated Plan Public Contact Information
Amy Walker, Human Services Analyst
1052 S. Livermore Avenue, Livermore, California 94550
925-960-4591
[email protected]

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6 AP-10 Consultation - 91.100, 91.200(b), 91.215(l)

1. Introduction
The Five-Year Consolidated Plan and Annual Action Plan are based on information developed and compiled from public and nonprofit partner agencies as well as the general public. Built on interagency coordination, consultation, and public participation, both plans focus attention on housing and community development needs and resources available to meet these needs.

Contributing agencies include the Livermore Housing Authority, Livermore Area Recreation and Parks District (LARPD), nonprofit service providers, the Alameda County Housing and Community Development Department, and the Alameda County Continuum of Care.

The HOME Consortium Action Plan was also prepared in consultation with other public and private entities. The HOME Consortium Technical Advisory Committee, composed of staff from all jurisdictions in the HOME Consortium, provides policy input into the Action Plan planning process.

In Fall 2020, City of Livermore Human Services staff partnered with the Housing Authority, school district, and multiple social services providers to solicit input from community members about what social services are most needed. The process involved tabling at service locations and distributing suggestion cards, conducting digital community meetings in English and Spanish, and a survey for community members to vote on social service priorities. 213 community members participated in this process. These priority needs were shared both at a Special Meeting of the Livermore Human Services Commission on October 22, 2020 and presented to City Council at a Public Hearing on November 23, 2020.

In addition to the above outreach, under the direction of the Human Services Commission, in September 2021 staff sent out an additional survey to our local nonprofit services providers. The responses to the survey were used to update the needs assessment. These priority needs were shared both at a Livermore Human Services Commission on October 12, 2021, as well as at a Public Hearing that was part of the November 22, 2021, Livermore City Council meeting.

Provide a concise summary of the jurisdiction’s activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(l)).

There are several organizations whose activities are related to the provision of affordable housing and human service programs in the City of Livermore. The City actively works with the numerous affordable housing developers, community based organizations, governmental agencies, healthcare institutions, and education providers through funding partnerships and coordination meetings to continually enhance collaboration and identify new partnership opportunities.

Activities to address the housing needs of the homeless, extremely low-income persons with severe mental illness, and those living with HIV/AIDS center on the implementation of the

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7 EveryOne Home Plan throughout Alameda County, which is a unique collaboration among community stakeholders, cities, and Alameda County government agencies representing three separate care systems: homeless services, HIV/AIDS services, and mental health services that share overlapping client populations. Each of the stakeholders recognize that stable housing is a critical cornerstone to the health and well-being of the homeless and those at-risk of homelessness, and our communities.

In addition, the cities of Dublin, Livermore and Pleasanton are partnering with Axis Community Health to develop and fund a Mental Health Urgent Care program. Axis Mental Health Urgent Care Center is available to all members of the community, regardless of income or insurance status. Individuals and families with urgent mental health needs will be able to call for same-day appointments via telehealth, and ultimately, in person subject to COVID conditions. The Center will serve as a central entry point for assessment, triage, treatment, and care coordination for anyone seeking mental health treatment, regardless of insurance type or status. Like a medical urgent care setting, the Center will provide assessment and timely connection to services in a setting that is less costly to operate than an emergency department.

Once a month the cities of Dublin, Livermore and Pleasanton meet with Senior Service providers in the Tri-Valley to hear updates on their services provided, needs, and any other items that might need to be discussed. This meeting valuable to be able to coordinate and collaborate with the providers on a consistent basis.

Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessness.

Coordination with Alameda County departments, local jurisdictions, East County service providers, community groups, and citizens provide a broad knowledgebase of housing and social service needs within Livermore. Organizations serving the homeless, including Alameda County Health Care Services Agency, Alameda County Health Care for the Homeless, EveryOne Home, and local homeless service providers, advise on the needs of people experiencing homelessness.

The EveryOne Home collective impact initiative, which also functions as the Alameda County Homeless Continuum of Care, is supported by a community-based backbone organization, and guided by a Leadership Board comprised of jurisdictional appointed members and key community constituencies such as consumers, cities, nonprofit service providers and housing developers, businesses, law enforcement, housing authorities, and faith-based organizations.

In 2021, EveryOne Home, with the support of HUD technical assistance from Abt Associates, convened and facilitated a community process aimed at developing a model homeless response system through the framework of racial equity. The process resulted in specific crisis and permanent housing inventory recommendations. Leadership across the Continuum of Care are working together to implement this optimal system design that will effectively address the crisis needs of people experiencing homelessness and their permanent housing needs. Community stakeholders have agreed to use the racially equitable system model to guide strategic funding decisions for existing and new federal, state, and local resources.

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8 The City of Livermore is supportive of the EveryOne Home initiatives to establish equitable system-wide outcomes and to evaluate effectiveness of programs against those outcomes. The key is to allow each City to align the plan with the local strategies to address homelessness. The updated EveryOne Home plan includes pursuing strategies that prevent people from becoming homeless, expand affordable housing, offer critical interventions that ensure the safety and dignity of people living without housing, and urgently reduce homelessness in our most impacted and vulnerable communities.

Describe consultation with the Continuum(s) of Care that serves the jurisdiction’s area in determining how to allocate ESG funds, develop performance standards for and evaluate outcomes of projects and activities assisted by ESG funds, and develop funding, policies and procedures for the operation and administration of HMIS The City of Livermore is not an entitlement jurisdiction for ESG funding.

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9 2. Agencies, groups, organizations and others who participated in the process and consultations

Table 2 – Agencies, groups, organizations who participated 1 Agency/Group/Organization ALAMEDA COUNTY HOUSING & COMMUNITY

DEVELOPMENT
Agency/Group/Organization Type Other government - County What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Homelessness Strategy
Non-Homeless Special Needs
Market Analysis
Economic Development
Anti-poverty Strategy
Lead-based Paint Strategy
Briefly describe how the
Agency/Group/Organization was consulted. What
are the anticipated outcomes of the consultation or
areas for improved coordination?
The City of Livermore is a part of the Alameda County HOME Consortium, which includes all 9 jurisdictions. As a Consortium, there are numerous consultation meetings to discuss individual and regional strategies, approaches, and trends. The Consortium and the Local Housing Authorities consulted to hold various local community group meetings that contributed to the Analysis of Impediments regional document. In addition, the City works closely with the department to administer homelessness programs funded through the State. 2 Agency/Group/Organization ALAMEDA COUNTY HEALTHCARE FOR THE HOMELESS Agency/Group/Organization Type Services-homeless
Services-Health
Other government – County
What section of the Plan was addressed by
Consultation?
Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Homelessness Needs - Veterans
Homelessness Needs - Unaccompanied youth
Homelessness Strategy

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10 Briefly describe how the
Agency/Group/Organization was consulted. What
are the anticipated outcomes of the consultation or
areas for improved coordination?
The City participates in monthly meetings of the ACHCH.

Consultation with ACHCH staff includes assessment of East County Services and need for general health, behavioral, mental and drug addiction services. East County is working towards implementing a Street Outreach Medical Team.
3 Agency/Group/Organization ALAMEDA COUNTY EVERYONE HOME Agency/Group/Organization Type Services-homeless
What section of the Plan was addressed by
Consultation?
Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Homelessness Needs - Veterans
Homelessness Needs - Unaccompanied youth
Homelessness Strategy
Anti-poverty Strategy
Briefly describe how the
Agency/Group/Organization was consulted. What
are the anticipated outcomes of the consultation or
areas for improved coordination?
The City participates in all the planning meetings related to the Strategic Plan to reduce homelessness in Alameda County. The City participates in every Point in Time Count for the East County. 4 Agency/Group/Organization ABODE SERVICES
Agency/Group/Organization Type Services - Housing
Services-homeless
What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Homelessness Needs - Veterans
Homelessness Needs - Unaccompanied youth
Homelessness Strategy

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11 Briefly describe how the
Agency/Group/Organization was consulted. What
are the anticipated outcomes of the consultation or
areas for improved coordination?
The City coordinates and meets regularly with services providers to assess needs and establish ways to coordinate services & partnerships on a regional level.
5 Agency/Group/Organization TRI-VALLEY HAVEN
Agency/Group/Organization Type Services-Victims of Domestic Violence Services-homeless
What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Homelessness Needs - Veterans
Homelessness Needs - Unaccompanied youth
Homelessness Strategy
Non-Homeless Special Needs
Anti-poverty Strategy
Briefly describe how the
Agency/Group/Organization was consulted. What
are the anticipated outcomes of the consultation or
areas for improved coordination?
The City coordinates and meets regularly with services providers to assess needs and establish ways to coordinate services & partnerships on a regional level.
6 Agency/Group/Organization AXIS COMMUNITY HEALTH
Agency/Group/Organization Type Services-Health
What section of the Plan was addressed by
Consultation?
Non-Homeless Special Needs
Anti-poverty Strategy
Briefly describe how the
Agency/Group/Organization was consulted. What
are the anticipated outcomes of the consultation or
areas for improved coordination?
The City coordinates and meets regularly with services providers to assess needs and establish ways to coordinate services & partnerships on a regional level.

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12 7 Agency/Group/Organization OPEN HEART KITCHEN
Agency/Group/Organization Type Services-Elderly Persons Services-homeless
What section of the Plan was addressed by
Consultation?
Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Homelessness Strategy
Non-Homeless Special Needs
Anti-poverty Strategy
Briefly describe how the
Agency/Group/Organization was consulted. What
are the anticipated outcomes of the consultation or
areas for improved coordination?
The City coordinates and meets regularly with services providers to assess needs and establish ways to coordinate services & partnerships on a regional level.
8 Agency/Group/Organization SPECTRUM COMMUNITY SERVCIE
Agency/Group/Organization Type Services-Elderly Persons Services-Persons with Disabilities
What section of the Plan was addressed by
Consultation?
Non-Homeless Special Needs
Briefly describe how the
Agency/Group/Organization was consulted. What
are the anticipated outcomes of the consultation or
areas for improved coordination?
The City coordinates and meets regularly with services providers to assess needs and establish ways to coordinate services & partnerships on a regional level.
9 Agency/Group/Organization CALICO Center
Agency/Group/Organization Type Services-Children
What section of the Plan was addressed by
Consultation?
Non-Homeless Special Needs

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13 Briefly describe how the
Agency/Group/Organization was consulted. What
are the anticipated outcomes of the consultation or
areas for improved coordination?
The City coordinates and meets regularly with services providers to assess needs and establish ways to coordinate services & partnerships on a regional level.
10 Agency/Group/Organization SENIOR SUPPORT OF THE TRI-VALLEY Agency/Group/Organization Type Services-Elderly Persons What section of the Plan was addressed by
Consultation?
Non-Homeless Special Needs
Briefly describe how the
Agency/Group/Organization was consulted. What
are the anticipated outcomes of the consultation or
areas for improved coordination?
The City coordinates and meets regularly with services providers to assess needs and establish ways to coordinate services & partnerships on a regional level.
11 Agency/Group/Organization LEGAL ASSISTANCE FOR SENIORS Agency/Group/Organization Type Services-Elderly Persons What section of the Plan was addressed by
Consultation?
Non-Homeless Special Needs
Briefly describe how the
Agency/Group/Organization was consulted. What
are the anticipated outcomes of the consultation or
areas for improved coordination?
The City coordinates and meets regularly with services providers to assess needs and establish ways to coordinate services & partnerships on a regional level.
12 Agency/Group/Organization CITY OF LIVERMORE HOUSING AUTHORITY Agency/Group/Organization Type PHA

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14 What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Public Housing Needs
Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Homelessness Needs - Veterans
Homelessness Strategy
Non-Homeless Special Needs
Anti-poverty Strategy
Briefly describe how the
Agency/Group/Organization was consulted. What
are the anticipated outcomes of the consultation or
areas for improved coordination?
The City coordinates and meets regularly with services providers to assess needs and establish ways to coordinate services & partnerships on a regional level.
13 Agency/Group/Organization LIVERMORE AREA RECREATION AND PARKS DISTRICT Agency/Group/Organization Type Agency - Management of Public Land or Water Resources Other government – Local
What section of the Plan was addressed by
Consultation?
Non-Homeless Special Needs
Briefly describe how the
Agency/Group/Organization was consulted. What
are the anticipated outcomes of the consultation or
areas for improved coordination?
The City coordinates and meets regularly with services providers to assess needs and establish ways to coordinate services & partnerships on a regional level.

Identify any Agency Types not consulted and provide rationale for not consulting Efforts were made to include as broad a group of community stakeholders as possible. No agency types were excluded from participation.

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15 Other local/regional/state/federal planning efforts considered when preparing the Plan

Table 3 - Other local / regional / federal planning efforts Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan?
Continuum of Care
Alameda County Housing and
Community Development
Agency
The City's goals also provide for housing and services for all income levels including homeless, persons with mental health issues and all special need populations.

Analysis of Impediments
to Fair Housing Choice
Alameda County Housing and
Community Development
Agency
The City's Action Plan activities help address the needs identified in the analysis for people experiencing homelessness and low-income families.

Narrative
The cities of Dublin, Livermore and Pleasanton regularly meet and collaborate on efforts to assess and develop capacity building for the Tri-Valley services providers within the three cities. In addition, the three cities are in the process of developing a Tri-Valley Regional Homelessness Strategic Framework and will be conducting a more comprehensive needs assessment that will update the 2011 Needs Assessment.

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16 AP-12 Participation - 91.401, 91.105, 91.200(c)

1. Summary of citizen participation process/Efforts made to broaden citizen participation Summarize citizen participation process and how it impacted goal-setting The Annual Action Plan was developed through a series of community meetings, public hearings and outreach conducted by the City and the Human Services Commission (HSC). It included input from a variety of community members, organizations, agencies, the Livermore Human Services Commission, the Livermore City Council, and other stakeholders.

In Fall 2020, City of Livermore Human Services staff partnered with the Housing Authority, school district, and multiple social services providers to solicit input from community members about what social services are most needed. The process involved tabling at service locations and distributing suggestion cards, conducting digital community meetings in English and Spanish, and a survey for community members to vote on social service priorities. 213 community members participated in this process. These priority needs were shared both at a Special Meeting of the Livermore Human Services Commission on October 22, 2020, and presented to City Council at a Public Hearing on November 23, 2020.

The Livermore Human Services Commission considered what activities to include in the annual Action Plan as part of its grant funding recommendations at two public meetings on February 8 th and March 8th, 2022, which included opportunities for citizen participation.

A public review period on the draft FY 2022-2023 Action Plan began on March 24, 2022 and ended on April 25, 2022. The City of Livermore's notice of the 30-day review period and the City Council's public hearing date was noticed in both a local English- language newspaper as well as a Spanish-language newspaper. Alameda County also published notices regarding the HOME Consortium Annual Action Plan document throughout the County. The City made the draft Livermore documents available for public review on its website. A public hearing to consider Livermore's FY 2022-23 Action Plan was held at the City Council's April 25, 2022, meeting.

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17 Citizen Participation Outreach

Table 4 – Citizen Participation Outreach
Sort Order Mode of
Outreach
Target of
Outreach
Summary of
response/ attendance
Summary of
comments
received
Summary of
comments
not accepted
and reasons
URL (If
applicable)
1 Community
Outreach &
Suggestion
Cards
Minorities

Non-English
Speaking -
Specify other
language:

Spanish

Persons with
disabilities

Residents of
Public and
Assisted
Housing

People
Experiencing
Homelessness
In September 2020, 53
responses were received
from tabling and
distributing suggestion
cards, meeting flyers,
and grants information
in English and Spanish
at the Marilyn School
Food Pantry, Housing
Authority, and Asbury
Showers. Providers
distributed suggestion
cards to Meals on
Wheels clients, Open
Heart Kitchen meal
program participants,
Housing Authority
residents, and homeless
resource sites
(Vineyard). The City
also distributed a
Spanish Digital
Suggestion Card widely
on social media.

Priority Needs:

Homeless
Services, Food
and Clothing,
Youth Services,
Rental
Assistance,
Affordable
Housing,
Technology
Access
All comments
were
accepted.

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18 Sort Order Mode of
Outreach
Target of
Outreach
Summary of
response/ attendance
Summary of
comments
received
Summary of
comments
not accepted
and reasons
URL (If
applicable)
2 Public
Meeting
Minorities

Non-English
Speaking -
Specify other
language:

Spanish

Persons with
disabilities

Residents of
Public and
Assisted
Housing
In September 2020, 15
community members,
most of whom were
Latinx, participated in 2
digital meetings. One
meeting was held in
Spanish. Closed
captioning was
provided, the slides and
flyers were ADA
accessible, and the
meetings were
publicized through food
pantries, the Housing
Authority, and
multilingual social
media channels.

Priority Needs:

Language
access, Rental
Assistance,
Youth Services,
Family
Services,
Homeless
Services,
Technology
Access, Mental
Health,
especially as it
relates to the
pandemic.

All comments
were
accepted.

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19 Sort Order Mode of
Outreach
Target of
Outreach
Summary of
response/ attendance
Summary of
comments
received
Summary of
comments
not accepted
and reasons
URL (If
applicable)
3 Survey
Non-English
Speaking -
Specify other
language:

Spanish

Non-
targeted/broad
community

People
Experiencing
Homelessness
In October 2020, 145
responses were received
for a priority needs
survey that was
available in English and
Spanish. Homeless
service providers
collected paper surveys
from clients. Service
providers distributed
paper and digital flyers
in English and Spanish
with the survey's QR
code & link. Survey
results were
disaggregated by race
and income.

Priority Needs:

Mental Health
Services &
Substance Use
Programs,
Affordable
Housing,
Homeless
Services &
Emergency
Shelter, Others:

Job Programs,
Seniors
Services,
Assistance for
People with
Disabilities
All comments
were
accepted.

4 Public
Hearing
Non-
targeted/broad
community
On November 22, 2021,
the City Council held a
public hearing to obtain
public comments related
to priority housing and
community
development needs.

No comments
were received.

All comments
were
accepted.

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20 Sort Order Mode of
Outreach
Target of
Outreach
Summary of
response/ attendance
Summary of
comments
received
Summary of
comments
not accepted
and reasons
URL (If
applicable)
5 Public
Hearing
Non-
targeted/broad
community
On April 25, 2022, the
City Council held a
public hearing to obtain
public comments related
to the annual action
plan.

No comments
were received.

All comments
were
accepted.

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21 Expected Resources
AP-15 Expected Resources - 91.420(b), 91.220(c)(1,2)
Introduction
The City of Livermore's anticipates receiving federal Community Development Block Grant (CDBG) allocations and HOME Investment Partnerships Program (HOME) funds through the Alameda County HOME Consortium during FY 2020-2024.

Anticipated Resources

Table 5 - Expected Resources – Priority Table
Program Source
of Funds
Uses of Funds Expected Amount Available Year 1 Expected Amount
Available
Remainder
of
ConPlan
$
Narrative Description
Annual
Allocation:
$
Program
Income:
$
Prior Year
Resources:
$
Total:
$
CDBG public -
federal
Acquisition
Admin and
Planning
Economic
Development
Housing
Public
Improvements
Public
Services 432,000 0 0 432,000 880,000
The City anticipates receiving
approximately $440,000 of CDBG
allocation each year of the
Consolidated Plan of its Five-Year
Consolidated Plan.

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22 Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how matching requirements will be satisfied
The City leverages its CDBG entitlement funding and HOME Investment Partnership program funding with additional resources derived from local development fees as well as general City funds. Local funding sources include: Housing In-lieu (In-lieu) funds that are allocated solely for housing projects and/or programs; Social and Human Service Facility Fees (HSFF) that are exclusively allocated to capital projects that support human services projects targeting very-low and low-income persons; and Social Opportunity Endowment (SOE) funds that are allocated to public service programs assisting very-low and low-income persons. HOME Investment Partnership funds are earmarked for projects that provide tenant-based rental assistance to domestic violence survivors and people experiencing homelessness. The allocation of HOME funds is offered through the Alameda County HOME Consortium, of which the City of Livermore is a member.

City General funds are used for specific projects such as the operation of the Multi-Service Center, 2-1-1, and homeless services. For Fiscal Year 2022-2023 the City of Livermore will contribute general funds for housing and supportive services for those experiencing homeless services.

If appropriate, describe publically owned land or property located within the jurisdiction that may be used to address the needs identified in the plan
The City of Livermore has acquired several vacant parcels for the future development of affordable housing that is consistent with the City's goals and priorities as outlined in the City's Five-Year Consolidated Plan and the City’s General Plan Housing Element. The City also continues to support the operation of the Multi-Services Center, which is a City-owned building providing offices for non- profit services providers and helps address the need for increasing access to critical services.

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23 Annual Goals and Objectives
AP-20 Annual Goals and Objectives - 91.420, 91.220(c)(3)&(e) Goals Summary Information

Table 6 – Goals Summary
Sort
Order
Goal Name Start
Year
End
Year
Category Geographic
Area
Needs Addressed Funding Goal Outcome Indicator
1 Rental
Assistance
2020 2024 Affordable
Housing
City-wide Housing CDBG:
$80,630
Tenant-based rental assistance /
Rapid Rehousing: 18 Households
Assisted
2 Public
Services
2020 2024 Homeless
Non-Homeless
Special Needs
Non-Housing
Community
Development
City-wide Community
Development
CDBG:
$64,800
Public service activities other than
Low/Moderate Income Housing
Benefit: 610 Persons Assisted
3 Public
Facilities
2020 2024 Homeless
Non-Housing
Community
Development
City-wide Community
Development
CDBG:
$200,170
Public Facility or Infrastructure
Activities other than Low/Moderate
Income Housing Benefit: 5050
Person Assisted
Other: 2 Other

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24 Goal Descriptions
1 Goal Name Rental Assistance
Goal
Description
Provide rental assistance to target populations as well as people economically impacted by a disaster or emergency, such as the COVID 19 pandemic
2 Goal Name Public Services
Goal
Description
Support public service programs for low-income community members, preserving safety net services for families and individuals who are underserved or impacted by a disaster or emergency such as the COVID 19 pandemic
3 Goal Name Public Facilities
Goal
Description
Acquire and make improvements, including ADA accessibility and emergency preparedness, to public facilities, such as curbs and sidewalks, neighborhood parks and recreational improvements, homeless facilities, and other public facilities/community centers

Estimate the number of extremely low-income, low-income, and moderate-income families to whom the jurisdiction will provide affordable housing as defined by HOME 91.315(b)(2) The City anticipates adding at least 100 affordable housing units throughout the FY 2020-2024 Consolidated Plan period through 3 projects currently under development. In addition to creating new housing units for persons experiencing homelessness, the Vineyard Housing and Services project will expand an existing food and homeless services site to provide critical infrastructure for addressing the City's strategic plan goals. The Ageno project will provide affordable units for 55 years to households with incomes up to 50% of the median income and the Avance project will provide services-enriched housing units targeted to persons with developmental disabilities.

In the upcoming program year, the City expects to serve over 5,678 low-income Livermore community members through its annual CDBG entitlement.

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25 AP-35 Projects - 91.420, 91.220(d)
Introduction
This section of the Livermore Action Plan includes the proposed projects and activities to be undertaken by the City of Livermore to address the priority needs and goals identified in the Housing and Community Development Strategic Plan contained in the FY 2020-2024 Consolidated Plan. The projects described in this section are funded with FY 2022-2023 federal resources from the Community Development Block Grant Program (CDBG) and HOME Investment Partnerships Program (HOME). A number of projects that the City funds through its Housing and Human Services Grants (HHSG) Program, which utilizes local funding sources such as the Livermore Social Opportunity Endowment (SOE), In-Lieu Housing Funds, and Human Services Facilities Fee Funds, are not included in this project list.

Table 7 – Project Information
# Project Name
1 Axis Community Health- New Service Site
2 Abode-Tenant Based Rental Assistance (TBRA)
3 Tri-Valley Haven - Tenant Based Rental Assistance (TBRA) 4 Section 108 Loan Repayment-Axis Medical Clinic
5 Section 108 Loan Repayment - Hagemann Farm
6 Spectrum Community Services - Meals on Wheels
7 Open Heart Kitchen- Livermore Meal Programs
8 Administration: Support and Expand Community Services

Describe the reasons for allocation priorities and any obstacles to addressing underserved needs
The City of Livermore allocates its annual Housing and Human Services Grants Program funds to support the widest-ranging level of underserved needs in the community.  The funding is allocated to a variety of housing and public service projects and activities to help address the priority needs identified in the five- year Consolidated Plan. Local funds such as the City’s Social Opportunity Endowment, Human Services Facilities Fee, and the In-Lieu Housing Fund leverage federal funding. The main obstacle to addressing underserved needs is the excess of need over available funding and the downward trend in funding availability from a variety of sources.   In preparing its 2020–2025 priorities, the City consulted with community-based service providers, residents, and City departments and boards. These entities helped to establish priority needs and objectives and identified the projects and activities that would best address those objectives.

The main obstacles to addressing underserved needs are:

1. The ongoing and downward trend in funding availability from a variety of sources, particularly in CDBG and HOME funds

2. Lack of accessible public information regarding existing social services

3. Lack of affordable housing compared to the growing demand

4. Lack of a homeless strategic framework

5. Lack of linguistically accessible services, particularly for Livermore’s low-income Latino population

6. Economic impacts of the COVID-19 public health emergency

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Annual Action Plan
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26 AP-38 Project Summary
Project Summary Information
1 Project Name Axis Community Health- New Service Site
Target Area City-wide
Goals Supported Public Facilities
Needs Addressed Community Development
Funding CDBG: $80,300
Description Acquisition and development of a new medical, dental, and behavioral health service facility in Livermore.

Target Date 6/30/2023
Estimate the number and type of
families that will benefit from the
proposed activities
Axis anticipates serving 5050 low-income Livermore families.

Location Description Downtown Livermore
Planned Activities Purchase and renovate a new medical, dental, and behavioral health service site.

EXHIBIT A
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Annual Action Plan
2022
27 2 Project Name Abode-Tenant Based Rental Assistance (TBRA) Target Area City-wide
Goals Supported Rental Assistance
Needs Addressed Housing
Homeless
Funding CDBG: $40,000
Description Abode-Tenant Based Rental Assistance (TBRA) Case Management Target Date 6/30/2023
Estimate the number and type of
families that will benefit from the
proposed activities
Abode is estimated to provide housing and case management services to 8 extremely- low-income and very low-income homeless Livermore households.

Location Description Citywide
Planned Activities Provide housing subsidies, case management, mental health, educational/employment assistance, financial literacy, children/parenting services, and connections to community resources, for up to two years. CDBG funds will pay for Case Management.

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28 3 Project Name Tri-Valley Haven - Tenant Based Rental Assistance Target Area City-wide
Goals Supported Rental Assistance
Needs Addressed Housing
Funding CDBG: $40,630
Description Assist clients of domestic violence with case management and tenant rental assistance for housing to promote self-sufficiency.

Target Date 6/30/2023
Estimate the number and type of
families that will benefit from the
proposed activities
It is estimated that 10 Livermore domestic violence survivors and families will benefit from the proposed activities.

Location Description Citywide
Planned Activities Provide case management to domestic violence survivors receiving rental subsidies.

EXHIBIT A
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Annual Action Plan
2022
29 4 Project Name Section 108 Loan Repayment-Axis Medical Clinic Target Area City-wide
Goals Supported Public Facilities
Needs Addressed Community Development
Funding CDBG: $28,425
Description Funds will be used to pay principal and interest installments on loan used to develop the new Axis community health center.

Target Date 6/30/2023
Estimate the number and type of
families that will benefit from the
proposed activities

Location Description 5925 W Las Positas Blvd, Pleasanton CA 94588 Planned Activities Planned repayment of Section 108 loan principal and interest

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Annual Action Plan
2022
30 5 Project Name Section 108 Loan Repayment - Hagemann Farm Target Area City-wide
Goals Supported Public Facilities
Needs Addressed Community Development
Funding CDBG: $91,445
Description Funds will be used to pay principal and interest installments on loan used to acquire Hagemann Farm.

Target Date 6/30/2023
Estimate the number and type of
families that will benefit from the
proposed activities

Location Description 455 Olivina Ave, Livermore, CA 94551 Planned Activities Planned repayment of Section 108 loan principal and interest

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Annual Action Plan
2022
31 6 Project Name Spectrum Community Services - Meals on Wheels Target Area City-wide
Goals Supported Public Services
Needs Addressed Community Development
Funding CDBG: $40,000
Description Spectrum Community Services provides a Meals on Wheels program in Livermore, ensuring the delivery of nutritious meals and safety checks for homebound, elderly Livermore residents.

Target Date 6/30/2023
Estimate the number and type of
families that will benefit from the
proposed activities
It is estimated that 160 homebound Livermore seniors will benefit from the proposed activities.

Location Description Citywide
Planned Activities Deliver nutritious meals and provide safety checks to homebound elderly Livermore residents.

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Annual Action Plan
2022
32 7 Project Name Open Heart Kitchen- Livermore Meal Programs Target Area City-wide
Goals Supported Public Services
Needs Addressed Community Development
Funding CDBG: $24,800
Description Open Heart Kitchen serve nutritious prepared meals to seniors and the unsheltered in Livermore.

Target Date 6/30/2023
Estimate the number and type of
families that will benefit from the
proposed activities
It is estimated that 450 Senior and unsheltered Livermore residents will benefit from the proposed activities.

Location Description Citywide
Planned Activities Deliver nutritious meals to Seniors at the Robert Livermore Community Center and deliver meals and other essential items to the unsheltered in Livermore

EXHIBIT A
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Annual Action Plan
2022
33 8 Project Name Administration: Support and Expand Community Services Target Area City-wide
Goals Supported Rental Assistance
Public Services
Public Facilities
Needs Addressed Housing
Homeless
Supportive Housing
Community Development
Funding CDBG: $86,400
Description Administration: Support and expand community services.

Target Date 6/30/2023
Estimate the number and type of
families that will benefit from the
proposed activities
Not Applicable
Location Description Citywide
Planned Activities Administration: Support and expand community services.

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Annual Action Plan
2022
34 AP-50 Geographic Distribution - 91.420, 91.220(f)
Description of the geographic areas of the entitlement (including areas of low-income and minority concentration) where assistance will be directed
CDBG public service and capital funds will be made available throughout the City of Livermore. Funds will be distributed through the City of Livermore's Housing and Human Services Grant process. Organizations that are awarded program and project funding may have their main offices located in other cities within Alameda County (such as Dublin, Pleasanton, Fremont, Oakland, and Hayward).

Services may be provided in neighboring jurisdictions, such as the cities of Pleasanton and Dublin, where funded agencies serve Livermore residents as part of services provided within the greater Tri-Valley area. However, all Livermore funded activities are required to serve only the City of Livermore eligible households.

Geographic Distribution

Table 8 - Geographic Distribution
Target Area Percentage of Funds
City-wide 100

Rationale for the priorities for allocating investments geographically For many programs and projects funded with CDBG funds, the exact location of the activity is not determined before funding the program as a whole. Some agencies provide services to the City of Livermore and to the Tri-Valley area, which is comprised of the cities of Livermore, Dublin, and Pleasanton. To leverage and maximize federal funding resources, cities in the Tri-Valley collaborate to ensure adequate coverage of needed services for the area. Examples of collaborative investments between the three cities include allocating funds to Open-Heart Kitchen, which provides hot meals to seniors and homeless individuals in Livermore, Dublin, and Pleasanton, and the Axis Community Health Facility in Pleasanton, which delivers medical services to Livermore, Dublin, and Pleasanton residents to accommodate the geographic need.

Discussion
Livermore, in collaboration with its community partners, will continue to provide services to its residents citywide. In response to the 2011 Eastern Alameda County Human Services Needs Assessment Report and Livermore’s most recent community needs workshops,

EXHIBIT A
325
Annual Action Plan
2022
35 Livermore will continue to focus on the changing demographics and needs identified in existing assessments and annual community planning processes. Priority needs include those of priority populations such as seniors, low-income families of color, community members experiencing homelessness, and people with disabilities.

EXHIBIT A
326
Annual Action Plan
2022
36 AP-75 Barriers to affordable housing -91.420, 91.220(j) Introduction
The City of Livermore utilizes a variety of its federal and local funding sources to incentivize affordable housing development in Livermore. The City maintains an Affordable Housing Fund to assist in the development and preservation of affordable housing and to help fund other housing related programs that assist lower income residents. The City typically generates an average of $500,000 per year from its impact fees that are placed in the Affordable Housing Fund to cover costs related to the acquisition, construction, and permanent financing of affordable housing units.

Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment The City of Livermore has adopted three local ordinances to assist in addressing the adverse effects of public policies that can serve as barriers to affordable housing. The ordinances require developers of both new residential and new non-residential developments to contribute to the City's affordable housing stock and to the development of infrastructure and facilities needed for delivering social services such as childcare, community care, and senior services. In addition, the City's Inclusionary Housing Ordinance requires that a portion of all units in a residential development be set aside as affordable for low and moderate income households. Residential projects of 10 units or less are not required to construct affordable housing units but must pay the affordable housing fee. Housing units produced as part of the State density bonus requirements are not subject to the City's inclusionary housing requirement. This ordinance effectively helps overcome market constraints to the provision of affordable housing by requiring developers to build a percentage of affordable units as part of their projects. The City will continue to implement and strengthen the ordinance to facilitate the production of affordable housing and review new policy options to encourage and facilitate the production of affordable units.

The Ordinance also has a "must build" requirement that affordable units be constructed on-site, which helps offset past market trends towards creating more expensive, low-density homes on available land. This requirement augments the City's affordable housing stock and provides an opportunity for lower-income households to enter the home ownership market. As almost all residential properties in Livermore are under private ownership, and even with the inclusionary housing fees, the City and nonprofit agencies have difficulty competing in the private market for land on which to develop affordable housing. Additionally, the Ordinance promotes mixed- income housing dispersed throughout the city, rather than concentrating affordable housing in specific locations, consistent with goals to achieve a socioeconomically integrated community, and provides residents within affordable housing units with access to services

EXHIBIT A
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Annual Action Plan
2022
37 and amenities such as parks, transit, and schools that are available in or near market-rate developments.

Discussion
The need for affordable housing has never been greater and the City continues to use its local financial resources and regulatory tools to produce affordable housing opportunities.

EXHIBIT A
328
Annual Action Plan
2022
38 AP-85 Other Actions - 91.420, 91.220(k)
Introduction
This section describes actions that the City of Livermore plans to undertake in the program year and during the Consolidated Plan period (FY 2020-2024) to address the priority needs of the underserved residents of Livermore.

Actions planned to address obstacles to meeting underserved needs In addition to utilizing local, state, and federal funds to support housing and human service provision, the City of Livermore will continue to administer three local ordinances that help address public service funding gaps. The need for more accessible public information regarding social services will be addressed by continually improving the Human Services website, continuing to develop and share communications regarding local human services, and prioritizing case management and service navigation in Housing and Human Service Grant funding decisions.

The City Council will continue working closely with staff to identify programs and strategies that align local needs and available resources to provide immediate health, safety, housing, and dignity measures to individuals and families experiencing homelessness. The City is also currently piloting several homeless and crisis stabilization programs, including a mental health urgent care pilot and funding a substance use disorder counselor to join the East County Homeless Health Street Health team.

Actions being taken to address the lack of linguistically accessible services include translating Housing and Human Services resources into Spanish, updating webpage information, and assessing language access as part of the grant application scoring process.

Actions planned to foster and maintain affordable housing The City is addressing the lack of affordable housing by supporting and funding the development of new construction and the rehabilitation of affordable rental housing developments targeting households with incomes at or below fifty percent of the area median income (AMI). The City also funds nonprofit organizations with programs helping community members access and maintain affordable housing. Livermore prioritizes the development of units and implementation of housing programs that address the needs of priority groups, including individuals with disabilities, transitional age ("TAY") youth, large families, domestic violence survivors, seniors, and people experiencing homelessness. Through its Livermore Housing First initiative, the City is focused on developing permanent housing opportunities for community members experiencing homelessness. The City also continues to support and further explore the provision of emergency and transitional housing for these community members.

There are currently 3 City-funded affordable housing projects currently under development that will provide at least 100 affordable units to a range of target populations, including people with

EXHIBIT A
329
Annual Action Plan
2022
39 developmental disabilities, people experiencing homelessness, and seniors.

The City also promotes affordable homeownership for low and moderate-income households through the City’s mortgage assistance and Below Market Rate (Inclusionary) purchase programs.

Actions planned to reduce lead-based paint hazards
Incidences of lead paint that come to the City's attention are addressed for low-income residents through the Alameda County Healthy Homes program.

Actions planned to reduce the number of poverty-level families The City of Livermore places a high value on the efforts and services that focus on preventing and reducing the number of community members experiencing poverty. The City and its partners coordinate on a diverse range of programs and services to support families living in poverty, including the Multi-Service Center. In addition to HUD CDBG and HOME funds, Livermore utilizes local funding sources to improve the lives of low-income families through its Housing and Human Services Grants program.

The City of Livermore will also continue participating in the Tri-Valley Anti-Poverty Collaborative, which brings together local jurisdictions, philanthropic institutions, social service providers, and community leaders to address issues of hidden poverty in the Tri-Valley Area.

The City will also continue to advance local efforts creating employment opportunities for low- income community members that are described in the City’s 2020-2025 Economic Development Strategic Plan and the FY2020-2024 Consolidated Plan Economic Development Market Analysis (MA-45).

Actions planned to develop institutional structure
The Housing and Human Services Division, which is part of the Community Development Department, has the primary responsibility for managing the development and implementation of affordable housing and human services programs. The City partners with local organizations to provide locally and federally funded human services through the Housing and Human Services Grants program. The City of Livermore Human Services Commission provides strategic guidance for the HHSG program by helping to identify priority community needs, evaluating grant performance, providing funding recommendations to Livermore City Council.

In the upcoming program year, the City of Livermore will continue to partner with the City’s collaborative and active ecosystem of community-based organizations to deliver social, educational, and recreational services. The City will also continue to work with its partners and County agencies to address gaps in the institutional delivery structure and improve service accessibility for East County community members. Examples of planned actions include working with neighboring jurisdictions to build capacity for current service providers, helping County agencies better understand local service needs, and identifying ways to partner with faith

EXHIBIT A
330
Annual Action Plan
2022
40 communities on streamlining resources and support for local service providers.

Actions planned to enhance coordination between public and private housing and social service agencies
The Housing and Human Services Division, which is part of the Community Development Department, has the primary responsibility for managing the development and implementation of affordable housing and human services programs. The City partners with local organizations to provide locally and federally funded human services through the Housing and Human Services Grants program. The City of Livermore Human Services Commission provides strategic guidance for the HHSG program by helping to identify priority community needs, evaluating grant performance, providing funding recommendations to Livermore City Council.

In the upcoming program year, the City of Livermore will continue to partner with nonprofit housing organizations, the Livermore Housing Authority, and County social service agencies to produce more affordable housing, strengthen local nonprofit capacity, and increase access to critical safety net services for communities with the greatest barriers.

Discussion
In the upcoming program year, the City of Livermore will continue providing affordable housing opportunities and social services that meet the needs of low-income Livermore community members. The City continues to work proactively to implement its housing goals, policies, and programs that include addressing and mitigating potential obstacles, both market and governmental, to housing. The City will continue partnerships with other jurisdictions, cities, and non-profits to meet its goals.

The City of Livermore will continue to implement programs and policies that help community members navigate economic impacts of the COVID-19 public health emergency, such as eviction prevention services for renters and Human Services Grants providing critical safety net and crisis stabilization services.

EXHIBIT A
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2022
41 Program Specific Requirements
AP-90 Program Specific Requirements - 91.420, 91.220(l)(1,2,4) Introduction
One project typically generates program income for the City of Livermore: the Housing Rehabilitation program. We do not anticipate receiving any program income from the Housing Rehabilitation program in the upcoming fiscal year.

Community Development Block Grant Program (CDBG)
Reference 24 CFR 91.220(l)(1)
Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out.

1. The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed 0

2. The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan. 0

3. The amount of surplus funds from urban renewal settlements 0

4. The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan 0

5. The amount of income from float-funded activities 0
Total Program Income: 0

Other CDBG Requirements

1. The amount of urgent need activities 0

2. The estimated percentage of CDBG funds that will be used for activities that benefit persons of low and moderate income. Overall Benefit - A consecutive period of one, two or three years may be used to determine that a minimum overall benefit of 70% of CDBG funds is used to benefit persons of low and moderate income. Specify the years covered that include this Annual Action Plan. 99.00%

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CITY COUNCIL STAFF REPORT
ITEM NO. 6.2

DATE:

April 25, 2022
TO:

Honorable Mayor and City Council
FROM:

Jeramy Young, Police Chief
SUBJECT:

Hearing to introduce an ordinance amending Livermore Municipal Code (LMC) Chapter

8.14 Public Nuisances to add Safe Storage of Firearm provisions to effectively regulate the safe storage of a firearm in a residence.

RECOMMENDED ACTION

Staff recommends the City Council
introduce an ordinance
amending Livermore Municipal Code (LMC)
Chapter 8.14 Public Nuisances and adding “Unsafe Storage of Firearms" provisions to Chapter 8.14 to effectively regulate the safe storage of a firearm in a residence.

SUMMARY
Livermore Municipal Code (LMC) Chapter 8.14 Public Nuisances promotes and protects public safety, aesthetics, and general welfare of the Livermore community against activities and conditions that negatively interfere with community at large. Currently, LMC Section 9.80.012 only requires a firearm dealer, doing business with the City, to provide a trigger lock, or similar device, to prevent the unintentional discharge of the firearm upon the sale or lease of a firearm. Amending and adding “Unsafe Storage of Firearms” to Chapter 8.14 would specifically address the safe storage of a firearm in a residence and currently is not addressed in the LMC.

DISCUSSION
The unsafe storage of firearms threatens public safety and general welfare of the Livermore community.

A 2016 study of gun ownership published in the American Journal of Public Health, found that while millions of responsible gun owners follow recommended storage practices, an estimated 54% do not properly lock up their guns, preventing access to unauthorized or at-risk individuals and children.

Per California state law, a person or gun owner may be criminally liable under Penal Code Section 25100 if all of the following occur:

1. The person keeps any firearm within any premises that are under the person’s custody or control.

2. The person knows or reasonably should know that a child is likely to gain access to the firearm 344
without the permission of the child’s parent or legal guardian, or that a person prohibited from possessing a firearm or deadly weapon pursuant to state or federal law is likely to gain access to the firearm.

3. The child obtains access to the firearm and thereby causes death or great bodily injury to the child or any other person, or the person prohibited from possessing a firearm or deadly weapon pursuant to state or federal law obtains access to the firearm and thereby causes death or great bodily injury to themselves or any other person.

The safe storage of a firearm amendment to LMC Section 8.14.020 will specifically address the requirement to safely store a firearm in a residence. Failure to do so is a public nuisance that may be abated under the emergency abatement procedures in Chapter 8.15. The City may also issue administrative citations for violations.

The intent of the amendment is to prevent access to firearms by children and other persons who may be at risk of harming themselves or others by prohibiting a person from keeping a firearm in any residence unless the firearm is stored in a locked container or the firearm’s trigger lock is engaged.

Based on LMC Section 1.20.050 Amount of Fine, penalties for violations are as follows:

1. One hundred dollars per day, per violation, for a first violation.

2. Two hundred dollars per day, per violation, for a second violation of the same ordinance within one year; and

3. Five hundred dollars per day, per violation, for each additional violation of the same ordinance within one year.

FISCAL AND ADMINISTRATIVE IMPACTS
No impacts.

ATTACHMENTS

1. Public Comment Received

2. Ordinance

Prepared by: Kelly
Johnson
Administrative Assistant

Approved by:
____________________________________
Marc Roberts
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
345
From: Robert Panas
To: Cityclerk - Livermore
Subject: Email in support of upcoming City Council vote on April 25 Date: Monday, April 4, 2022 8:01:31 AM
Dear Mayor and Council Members,
I am a parent of two small children and a Livermore resident. I am writing to ask for your support for a Safe Storage Firearms Ordinance in Livermore which would require all firearms in a residence to be securely stored in a locked container or disabled with a trigger lock. This issue is important to me to ensure that no children are ever lost to an entirely avoidable accident.

We have ensured all our firearms are safely stored or locked, and this just seems like a prudent solution across the whole community.

These kinds of ordinances are more important than ever given the recent rise in gun sales and the resulting 43% increase in the unintentional deaths of small children as well as 9% increase in teen suicides.

I see no reason for this ordinance to be in conflict with self-protection, as a gun can be accessed within seconds by the authorized user. The lock does prevent unintentional deaths of children and teen suicides, by as much as 85% depending on the type of storage.

Let's use all the tools available to us to keep everyone safe in Livermore.

Thank you for your time,
Robert Panas
, Livermore, CA 94550
ATTACHMENT 1
346
From: Ann Laye
To: Cityclerk - Livermore
Subject: Letter to Mayor Woerner and the Livermore City Council Date: Monday, April 18, 2022 7:43:37 PM
Please forward to the Mayor and council members. Thank you.

Dear Mayor Woerner and City Council Members,
I am writing to you today as a 40 year resident of Livermore. Although I have just recently moved to be closer to family, I care deeply about the Livermore Community where I raised my children and taught school.

The escalating gun violence in cities across our nation is unacceptable and continues to touch the most vulnerable. Nearly everyday in this nation a small child unintentionally kills himself or another child, and teens commit suicide using unsecured firearms typically found in their home or a relative's home. Livermore has an opportunity to help prevent this in THEIR community by adopting a safe storage ordinance that clearly defines what a gun owner must do to protect those in their homes from these tragedies.

Studies indicate that more than half of gun owners are
negligent in storing their weapons safely. Reminding these owners of their responsibility through an ordinance and Public Service Announcements will save lives.

This is not a Second Amendment issue . It is a public safety issue.

Thank you for your action on this matter . I want to see Livermore continue to thrive and be a safe place for all.

Sincerely, Ann Laye , formerly residing at . Livermore ATTACHMENT 1
347
From: Garni Zimmerman
To: Cityclerk - Livermore
Subject: Livermore Safe Storage Ordinance
Date: Thursday, April 14, 2022 1:09:34 PM
Dear Livermore Mayor and City Council Members,
I am a volunteer with the Livermore Valley Moms Demand Action for Gun Sense in America, a grandparent, a mother, and a therapist as well as a property owner in Livermore, former long term resident of Livermore and I work in Livermore.

I am writing to you today to request your support of a Safe Storage Firearms Ordinance in Livermore which would require all firearms in a residence be securely stored in a locked container or disabled with a trigger lock.

Can we all agree that the US statistics around gun violence and gun use are astounding? And that any actions we can take that protect the rights of gun owners AND the life and safety of their loved ones and themselves is a good thing? As grandmother to a young 8 year old, it is incredibly disturbing to me that 80% of school shootings are done by a student or former student of the school, using an unsecured firearm obtained from their home or a relative’s home. More disturbingly,
American children are nearly twice as likely to be shot and killed as they are to die by drowning. Yet safety regulations for pools are far more pervasive and restrictive than those for guns.

Please protect our children and families in Livermore by supporting common sense gun laws and this ordinance.

Warmly,
Garni Zimmerman
Owner of , Livermore, CA
Living at , Martinez, CA
Working at , Livermore, CA
ATTACHMENT 1
348
From: annette
To: Debbie Elam; Bob Woerner; Gina Bonanno; Robert Carling; Brittni Kiick; Patricia (Trish) Munro Subject: Please support the Safe Storage Ordinance
Date: Tuesday, April 19, 2022 12:36:45 PM
To the Livermore City Council:

Update: I originally sent this email on Saturday but to the wrong recipients. Since then, we learned of the tragic shooting of a teen in Livermore. Please keep this teen and her family in your thoughts as you make your decision regarding this ordinance.

I was reminded to send this email encouraging you to support the Safe Storage Firearms Ordinance in Livermore requiring all firearms in a residence be securely stored in a locked container or disabled with a trigger lock by the most recent shooting in South Carolina. Our country is averaging more than one mass shooting per day, so by the time you read this email on Monday, it is statistically probable that two more mass shootings will have occurred.

As an educator, I understand the mental health issues young adults are experiencing and how these issues are underpinning the gun violence that has become a part of our daily lives. We know that 80% of school shootings are done by a student or former student of the school, using an unsecured firearm obtained from their home or a relative’s home.

You have the power to prevent a similar event here in Livermore. Please use that power to keep us safe.

Thank you for your consideration,
Annette Alvarez
Livermore, CA
ATTACHMENT 1
349
From: Andy and Kate
To: Cityclerk - Livermore
Subject: safe storage firearms ordinance in Livermore
Date: Thursday, April 14, 2022 9:44:31 AM
Dear Mayor and City Council Members
We are residents of the City of Livermore and writing to you all to encourage your support of a Safe Storage Firearms Ordinance in Livermore which would require all firearms in a residence to be securely stored in a locked container or disabled with a trigger lock.

We are friends of Scarlett Lewis who lost her son in the Sandy Hook School shooting. Having experienced the impact of losing your child to a school shooting so close to our family we feel strongly that we should do all that is in our power to create change. Given that 80% of school shootings are done by a student or former student of the school, using an unsecured firearm obtained from their home or a relative’s home passing this ordinance seems like something, that as a community, we should do.

Livermore is a community that works well with collaboration between the school district, police department, and city council to make Livermore a safer place. We see that the passing of this ordinance will be another way in which we can come together to protect our children and community.

Knowing that we have done everything in our power to prevent any incident is much better than feeling regret.

Kind Regards
Kate and Andrew Mackinnon
, Livermore CA 94550
ATTACHMENT 1
350
From: GARY POTTER
To: Cityclerk - Livermore; Gary Potter
Subject: Safe Storage of firearms is long overdue
Date: Sunday, April 10, 2022 5:38:43 PM
Attachments: image001.jpg
image002.jpg
image003.jpg
image004.jpg
Please consider CHANGE to RESIDENTIAL BUILDING CODE to require ALL residential units to be equipped with a securely LOCKABLE cabinet, 1’x2’x4’, constructed of steel or

1.5” laminated plywood, with 2 deadbolt locks… or equivalent.

ALL new residential
construction AND all residential REMODELS. With 400 million FIREARMS circulating in the Gun Crazed USA…. We must ensure that ALL RESIDENCES are equipped with a LOCKABLE CABINET that is large enough to secure rifles, shotguns, handguns and ammunition.

This building code requirement would NOT NEED TO MENTION FIREARMS….. AT ALL.

FOR EXAMPLE: Here is a standard cabinet in a closet which has been reinforced with additional plywood and retrofitted with 1.5” plywood hidden door with 2 sturdy DEADBOLTS.

ATTACHMENT 1
351
ATTACHMENT 1
352
ATTACHMENT 1
353
[i]
ATTACHMENT 1
354
ATTACHMENT 1
355
From: Rhiannon Berglund
To: Cityclerk - Livermore
Subject: Safe Storage of Firearms Ordinance
Date: Friday, April 8, 2022 4:07:26 PM
Exercise Caution: This message is from outside the City email system. Do not open links or attachments from untrusted sources.

Dear Mayor Woerner and City Council Members,
I am a mother of two and a resident of Livermore.

I am writing to you today to ask for your support of a Safe Storage Firearms Ordinance in Livermore which would require all firearms in a residence be securely stored in a locked container or disabled with a trigger lock.

Many cities and towns up and down California have already adopted Safe Storage ordinances, including Dublin, Moraga, and Orinda. I hope that Livermore will do the same.

Let’s protect our children and families here in Livermore.

Respectfully,
Rhiannon Berglund
Livermore, CA 94551
ATTACHMENT 1
356
From: Patti Hales
To: Cityclerk - Livermore
Subject: Safe storage of firearms
Date: Monday, April 11, 2022 4:01:26 PM
Good Afternoon,
I am writing to let you know, as a resident of Livermore, I fully support the safe storage of firearms.

Best regards,
Patti Hales
ATTACHMENT 1
357
From: Judy Ferrari
To: Cityclerk - Livermore
Subject: Safe Storage Ordinance
Date: Tuesday, April 19, 2022 9:34:54 AM
Dear Mayor and City Council Members,
I am a volunteer with Moms Demand Action for Gun Sense in America, a grandparent, a retired teacher, a gun violence survivor, and a resident of Livermore.

I am writing to encourage your support of a Safe Storage Firearms Ordinance in Livermore which would require all firearms in a residence be securely stored in a locked container or disabled with a trigger lock.

Research shows that keeping guns securely stored does NOT hinder self- protection but does prevent unintentional deaths of children and teen suicides, by as much as 85%.

As a classroom teacher, I saw the terror in the eyes of children during lockdown practices, the great sorrow of one of my students whose cousin was murdered in a school shooting, the suicide of a former student, the death of my nephew in a drug related murder. Too many of us have personal tragedies connected to gun violence.

You have the opportunity to make Livermore a safer community. It’s a public security concern we all share.

Sincerely,
Judy Ferrari
Livermore, CA 94551
ATTACHMENT 1
358
From: Laurie Herbert
To: Cityclerk - Livermore
Subject: safe storage ordinance
Date: Tuesday, April 5, 2022 10:00:19 PM
Dear Livermore City Council Members,
We are pleased that you are considering the adoption of a Safe Storage Ordinance. We are writing in strong support of a Safe Storage Firearms Ordinance in Livermore which will require all firearms in a residence be securely stored in a locked container or disabled with a trigger lock.

When considering this ordinance, please be aware that:
* Nearly every day in this country one small child unintentionally kills himself or another child after finding an unsecured firearm typically in their home. * Every day on average, two teens commit suicide using an unsecured firearm from their home or a relative’s home.
* Each year, an estimated 200,000 to 500,000 guns are stolen and many are funneled into the underground market, where once-legally-owned firearms can be transferred to people with dangerous histories.
* 80% of school shootings are done by a student or former student of the school, using an unsecured firearm obtained from their home or a relative’s home.
* A Safe Storage ordinance has become more urgent than ever during Covid, given the dramatic rise in gun sales. We have seen a shocking 43% increase in unintentional deaths of small children and a 9% increase in teen suicides. * Research shows that keeping guns securely stored does NOT hinder self- protection; a gun can be accessed within seconds, but it DOES prevent unintentional deaths of children and teen suicides, by as much as 85% depending on the type of storage.
* A DOJ-approved safe storage device can be obtained for as little as $40 so the cost is not at all prohibitive, and trigger locks are often given out free at police stations.
* American children are nearly twice as likely to be shot and killed as they are to die by drowning. Yet safety regulations for pools are far more pervasive and restrictive than those for guns
* Parents often hide their guns rather than locking them up, but studies show 70% of children know the location of these hidden guns in their own home and many have even handled them.

ATTACHMENT 1
359
* Most firearm owners are law abiding and will follow the law if it is simply in place.
* Storing firearms unloaded, locked, and separate from ammunition saves lives.

For these reasons and many more, we look forward to Livermore joining the growing number of California cities adopting safe storage ordinances, and saving the lives of Livermore residents.

Sincerely,
Bill and Laurie Herbert
Parents of Two Livermore Residents (our daughters!)
Pleasanton, CA
ATTACHMENT 1
360
From: Jan Krzesinska
To: Cityclerk - Livermore
Subject: Support for Livermore Safe Storage Ordinance
Date: Monday, April 18, 2022 2:28:02 PM
Dear Livermore Mayor and City Council Members,
I am a grandparent, and a resident of Livermore.

The horrifying facts of injuries and deaths that occur daily throughout our nation due to gun misuse speaks for itself that something needs to be done. a.

Nearly every day in this country one small child unintentionally kills himself or another child after finding an unsecured firearm typically in their home.
b.

Every day on average, two teens commit suicide using an unsecured firearm from their home or a relative’s home.
c. 80% of school shootings are done by a student or former student of the school, using an unsecured firearm obtained from their home or a relative’s home.
d.

Research shows that keeping guns securely stored does NOT hinder self-protection- a gun can be accessed within seconds- but it DOES prevent unintentional deaths of children and teen suicides, by as much as 85% depending on the type of storage.
e. A Safe Storage ordinance has become more urgent than ever during Covid, given the dramatic rise in gun sales. We have seen a shocking 43% increase in unintentional deaths of small children and a 9% increase in teen suicides.
f.

Parents often hide their guns rather than locking them up, but studies show 70% of children know the location of these hidden guns in their own home and many have even handled them.
g. Storing firearms unloaded, locked, and separate from ammunition ATTACHMENT 1
361
saves lives.
h. American children are nearly twice as likely to be shot and killed as they are to die by drowning. Yet safety regulations for pools are far more pervasive and restrictive than those for guns.
i. Many cities and towns up and down California have already adopted Safe Storage ordinances, including Dublin, Moraga and Orinda. I hope that Livermore will do the same.

Please help stop the unnecessary deaths and injuries that happen daily in our communities due to guns left unsecured, we need safeguards in place to protect the innocent, young and distressed and a Safe Storage Firearms Ordinance is a commonsense way to do this while still supporting the second amendment.

Respectfully,
Jan Krzesinska
Janet Krzesinska
Livermore, CA 94551
ATTACHMENT 1
362
ORDINANCE NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA AN ORDINANCE AMENDING LIVERMORE MUNICIPAL CODE CHAPTER 8.14

TO ADD SAFE STORAGE OF FIREARM PROVISIONS TO THE PUBLIC

NUISANCES ORDINANCE

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

Section 1. Amendment. The Livermore Municipal Code is amended as shown below. The deletions are shown using a strikethrough, and the added language is shown with an underline, but the stricken language and underlines themselves shall not be codified in the Municipal Code, which publication shall only reflect the final language.

A. In Section 8.14.020, the definition of “Firearm” is added in alphabetical order prior to the definition of “Front Yard” as set forth below:
“Firearm” means a firearm as defined in California Penal Code Section 16520, as amended from time to time.

B. In Section 8.14.020, the definition of “Locked container” is added in alphabetical order prior to the definition of “Owner” as set forth below:
“Locked container” means a locked container as defined in California Penal Code Section 16850, as amended from time to time, and is listed on the California Department of Justice Bureau of Firearms roster of approved firearm safety devices.

C. In Section 8.14.020, the definition of “Residence” is added in alphabetical order prior to the definition of “Responsible party” as set forth below:
“Residence” means any structure intended or used for human habitation, including but not limited to houses, apartments, condominiums, rooms, in-law units, accessory dwelling units, motels, hotels, single room occupancy units (SROs), timeshares, mobile homes, and recreational and other vehicles where human habitation occurs.

D. In Section 8.14.020, the definition of “Trigger lock” is added in alphabetical order prior to the definition of “Vector” as set forth below:
“Trigger lock” means a trigger lock that is listed on the California Department of Justice’s roster of approved firearms safety devices and that is identified as appropriate for that firearm by reference to either the manufacturer and model of the firearm or to the physical characteristics of the firearm that match those listed on the roster for use with the device under California Penal Code Section 23635. 363
ORDINANCE NO. ________
E. In Section 8.14.030, subsection K is renumbered as subsection L and the new subsection K is added as set forth below:

K. Unsafe Storage of Firearms. Keeping a firearm within any residence unless the firearm is stored in a locked container or disabled with a trigger lock. This section shall not apply if the firearm is carried on the person of an individual in accordance with all applicable laws or the firearm is under the control of a person who is a peace officer under California Penal Code Section 830.

K. L. Miscellaneous. The creation, maintenance, or mere existence of any of the following conditions:

1. The existence of any property condition which is unlawful or declared to be a public nuisance pursuant to any other provision in this code, including any violation of the Livermore Municipal or Development Code as defined in LMC 1.16.030.

2. A public nuisance as defined to be a nuisance by California Civil Code Section 3479 or 3480.

3. Any condition recognized in law or in equity as constituting a public nuisance, or any condition existing on a property which constitutes visual blight, or is a health or safety hazard to the community or neighboring properties.

F. In Subsection C of Section 8.14.060, the activities that may be abated by emergency procedures shall be amended to include the unsafe storage of firearms as set forth below:

C. Activities that violate emergency proclamations and orders, or that involve vectors, or unsafe storage of firearms, may be abated using the emergency abatement procedures set forth in LMC 8.15.040.

Section 3. Severability. If any part of this ordinance is declared invalid by a court, such invalidity shall not affect any of the remaining parts.

Section 4. 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 5. Effective date. This ordinance shall take effect 30 days after its adoption.
364
ORDINANCE NO. ________
The foregoing ordinance was introduced at the meeting of the City Council of the City of Livermore held on _______________________, 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: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
________________________________

MAYOR, CITY OF LIVERMORE
ATTEST: APPROVED AS TO FORM:
___________________________ /s/ Kelly J. Trujillo
Marie Weber Kelly J. Trujillo
City Clerk City Attorney
365

CITY COUNCIL STAFF REPORT
ITEM NO. 6.3

DATE:

April 25, 2022
TO:

Honorable Mayor and City Council
FROM:

Joe Testa, Fire Chief
SUBJECT:

Hearing to receive and consider protests and direct staff to proceed with field abatement work on non-compliant properties under the 2022 Fire Hazard Abatement Program.

RECOMMENDED ACTION

SUMMARY
On March 14, 2022, City Council approved Resolution 2022-026, the 2022 Fire Hazard Abatement Program. Following that meeting, staff mailed a public hearing notice to all parcel owners named in Exhibit A to the Resolution. As outlined, parcel owners have been advised of the need to abate the weeds and debris which constitute fire hazards. In cases where there was an insufficient mailing address, the notice was posted conspicuously on the property. To avoid the City Contractor abating the fire hazards, a property owner must complete the abatement in a manner that meets abatement guidelines by the required deadline. Additionally, parcel owners can protest the need to abate hazards at this public hearing which was provided in the notice.

DISCUSSION
After considering any objections to the proposed abatement at this hearing, it is recommended that the City Council overrule the objections to the proposed abatement and/or amend the list of properties to be abated. The City Council should then adopt the attached resolution, as amended (if at all), that orders a contractor to abate the weeds on the properties attached in Exhibit A.

Fire Inspectors will survey each parcel listed for compliance. If abatement has not occurred by May 31, 2022, a contractor will abate the weeds. At a public hearing this summer, staff will recommend that the City Council order that the abatement cost be a special assessment and lien imposed on the properties requiring abatement for any outstanding invoices.

366

FISCAL AND ADMINISTRATIVE IMPACTS

The abatement costs are fully recoverable. A contractor will be retained by the City, or by the Livermore Pleasanton Fire Department on behalf of the City, to perform the abatement. Invoices will be sent to property owners for all work performed by the City contractor. Last year the total cost of work was $2,307, which included administrative costs incurred by the City in accordance with Section 39577 of the Government Code. Some owners pay the City directly, all unpaid invoices are filed with the Alameda County Tax Collector as a special assessment to the tax roll.

ATTACHMENTS

1. Resolution

2. Exhibit A - Livermore Pleasanton Fire Department 2022 List of Parcels

Prepared by: Shin Oh
Administrative Assistant

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION OVERRULING PROTESTS AND ORDERING THE

ABATEMENT OF A PUBLIC NUISANCE
On March 14, 2022, the City Council passed and adopted Resolution No. 2022-026 declaring that conditions such as growing weeds, accumulated refuse, rubbish or dirt existed on private property and/or on the streets, parkways or sidewalks adjacent to each parcel of real property the resolution described. The City Council also found such conditions to be public nuisances requiring abatement.

The date, time, and place for hearing and considering all objections to the proposed abatement of the public nuisances described in Resolution 2022-026 was April 25, 2022, at 7 p.m. in Livermore, California.

The Livermore-Pleasanton Fire Department gave written notice of the proposed abatement to all persons owning the property described in Resolution No. 2022-026 at least five days prior to the date set for the hearing of objections to the abatement.

The Council has heard and considered all objections to the abatement of the public nuisance described in Resolution No. 2022-026.

The actual costs incurred for the nuisance abatements will be confirmed by the City Council at a future meeting to levy as an assessment against the respective properties.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that any and all protests to the abatement of the public nuisances on the properties described in the attached Exhibit A are overruled.

BE IT FURTHER RESOLVEDby the City Council of the City of Livermore that staff is ordered to proceed immediately to abate the public nuisances on the properties identified in the attached Exhibit A. The abatement will consist of having the weeds, rubbish, refuse and dirt removed on all parcels that property owners have not abated by the May 31, 2022 deadline. Abatement will be performed by a service provider retained by or on behalf of the City and the costs will be based on the actual work performed for each parcel. In accordance with Section 39577 of the Government Code, administrative costs incurred by the City will be added to the cost of the nuisance abatement. 368
RESOLUTION NO. ________
On motion of Council Member _________________, seconded by Council Member ________________ the foregoing resolution was passed and adopted on April 25, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED AS TO FORM:
______________________________ /s/ Jason R. Alcala
Marie Weber Jason R. Alcala
City Clerk City Attorney
Exhibit A – Livermore Pleasanton Fire Department 2022 List of Parcels 369
Livermore-Pleasanton Fire Department
2022 List of Parcels

EXHIBIT A
Parcel Number Situs Address Owner(s)
1 097 014807500 1745 STERLING CT Julin Long and Yuchi Tsao 2 098 025602700 JUNCTION AVE MALLONI JAMES TR
3 098 027501604 3163 GARDELLA PLAZA W P CO 843-1-23-3
4 098 028100900 NORTH K ST DESOUSA GIZELA P & GISELLE M TRS 5 098 028101000 NORTH K ST DESOUSA GIZELA P & GISELLE M TRS 6 098 035005400 MARYLIN AVE KREMER KENNETH A TR
7 098A041402806 600 MAPLE ST/SCHOOL ST LIVERMORE VALLEY JOINT UNIFIED SCHOOL DISTRICT 8 098A061000400 EAST AVE BIG RED BUDDY LP & ERLICH STEVEN J & LINDA R TRS 9 099 001500314 2251 LAS POSITAS RD LINDEN SUMMIT INVESTMENT CO Castle Management 10 099 001500602 1273 N LIVERMORE AVE TRIVALLEY MONTESSORI SCHOOL 11 099 001501003 2784 LAS POSITAS RD WALMART STORES INC 12 099 002300800 LASSEN RD LD FUND III LIVERMORE LAND LLC 13 099 004000805 5281 SOUTHFRONT RD KOLSOM DAVID A & SANDRA A TRS & NEWTON DEBRA M 14 099 004001026 5179 PRESTON AVE P G & E CO 135-1-78A-1 15 099 004001600 N MINES RD W P CO 843-1-23-8
16 099 004001800 N MINES RD S P CO 872-1-98H-POR 11
17 099 004001910 N MINES RD W P CO 843-1-23C-POR 7
18 099 005100302 GARDELLA PLAZA SHR VENTURES LLC
19 099 005101800 3357 GARDELLA PLAZA RUCKTESCHLER JEFFREY S & LISA 20 099 005600702 1ST ST W P CO 843-1-23C-POR 7
21 099 007500304 PORTOLA AVE SCHERBARTH JASON A & SHAWNA L TRS & SCHERBART ETAL 22 099 007500306 PORTOLA AVE SCHERBARTH JASON A & SHAWNA L TRS & SCHERBART ETAL 23 099 007500704 EDINBURGH DR EDINBURGH FORTUNES LLC
24 099 010000500 1240 N LIVERMORE AVE ART MONUMENT CO INC 25 099 010001830 1202 PORTOLA KENT E G & BEVERLY C TRS
26 099 010003002 1700 PASEO LAGUNA SECO AUTUMN SPRINGS RE INVESTORS LP 27 099 010003008 PASEO LAGUNA SECO FALLON ENTERPRISES INC 28 099 010003100 PORTOLA AVE (PASEO LAGUNA
SECO)

ALAMEDA COUNTY FLOOD CONTROL
29 099 010003200 PORTOLA AVE MCRAE JOHN S
30 099 010003701 2169 LAS POSITAS CT BACA DENNIS E Tr
31 099 012600700 CALLE DEL SUENO DAVIDON HOMES
32 099 040000103 1919 LOMITAS AVE PATTON ROBERT A & LOUISE K TRS 33 099 068000200 ARROYO RD & HANSEN RD SHEN JIEYONG TR
34 099 068000400 ARROYO RD & HANSEN RD SHEN JIEYONG Tr
35 099 068000800 ROCKINGHAM CT SCARLET BEAR
36 099 080100500 2301 CONCANNON BLVD LAUNCH PAD VENTURES LLC 37 099 080101100 CONCANNON BLVD OSORIO JAIME
38 099 080200100 CONCANNON BLVD OSORIO JAIME
39 099 115000406 4743 EAST AVE ASBURY METHODIST CHURCH
40 099 131100300 2463 SHEFFIELD DR WILSON WILLIAM G & JOHN MIRIAM E TRS 41 099 131601100 137 RICKENBACKER Rickenbacker Circle Associates Llc 42 099 131603300 212 RICKENBACKER CIR BLACK MICHAEL J & COLLEEN A TRS 43 099 131705000 SPRING VALLEY CMN SPRING VALLEY ASSOCIATION IIi 44 099 132101300 2863 CHABLIS WAY SPAETH MARY L TR
45 099 132501200 4715 BENNETT DR ARROYO/LIVERMORE BUSINESS PARK LP 46 099 132502202 4536 LAS POSITAS RD ARROYO/LIVERMORE BUSINESS PARK LP 47 099 132502300 ARROYO VISTA ARROYO/LIVERMORE BUSINESS PARK LP 48 099 132502702 LAS POSITAS RD ARROYO/LIVERMORE BUSINESS PARK LP 49 099 132502902 LAS POSITAS RD ARROYO/LIVERMORE BUSINESS PARK LP 50 099 132503004 LAS POSITAS RD ARROYO/LIVERMORE BUSINESS PARK LP

4.25.22 370
Livermore-Pleasanton Fire Department
2022 List of Parcels

EXHIBIT A
51 099 132508500 BENNETT DR ARROYO/LIVERMORE BUSINESS PARK LP 52 099 132508900 BENNETT DR ARROYO/LIVERMORE BUSINESS PARK LP 53 099 132602900 5340 BRISA ST KENT E G & BEVERLY C TRS 54 099 132603700 LA RIBERA ST PETERSON PROPERTIES LLC
55 099 132815400 SPRINGTOWN BLVD SPRING VALLEY ASSOCIATION III 56 099 133101200 200 E AIRWAY BLVD SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT 57 099 133206500 966 WAVERLY CMN VALHALLA HOMEOWNERS ASSOCIATION 58 099 133609705 LOCH LOMAND WAY PORTOLA GLEN TOWNHOMES OWNERS ASSOCIATION 59 099 133610900 HIGHLAND ST EDINBURGH FORTUNES LLC
60 099 134900202 CONTRACTORS PL RAMAN HARINDER LLC
61 099 134900303 CONTRACTORS PL RAMAN HARINDER LLC
62 099 134902300 CONTRACTORS PL TA DAH LLC
63 099 136200400 HANSEN RD MALAKOFF NATHAN
64 099 136800100 3401 HANSEN RD CALIFORNIA WATER SERVICE COMPANY 65 099 136800200 HANSEN RD MALAKOFF NATHAN G & JENNIFER M TRS 66 099 137000300 1670 PORTOLA AVE MANCINI KAROL & RANDY 67 099A150004800 2171 RESEARCH DR DPR REAL ESTATE INVESTMENTS LLC 68 099A150007401 2176 RESEARCH DR LREH CALIFORNIA LLC
69 099A292600300 S VASCO RD Jiang Licheng
70 099A293900200 2453 COWAN WAY FRYDENDAL SUE TR
71 099B505000112 908 N VASCO RD UNG CISSY S
72 099B505000605 5905 NORTHFRONT RD WOOD FAMILY DEVELOPMENT LLC 73 099B510000500 1080 CENTRAL AVE 1080 CENTRAL LLC
74 099B530400302 1893 N VASCO RD UNITARIAN UNIVERSALIST CHURCH LIVERMORE 75 099B535101811 VASCO RD ALAMEDA COUNTY FLOOD CONTROL
76 099B540100900 LAUGHLIN RD LAUGHLIN KATHRYN M TR
77 099B540101000 LAUGHLIN RD GARCIA TIMOTEO R & ELIZABETH N 78 099B540101100 788 LAUGHLIN RD LAUGHLIN KATHRYN M TR
79 099B540101200 6978 NORTHFRONT RD SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT 80 099B540101301 6884 NORTHFRONT RD SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT 81 099B540101303 NORTHFRONT RD SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT 82 099B540101601 NORTHFRONT RD SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT 83 099B540101700 6784 NORTHFRONT RD SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT 84 099B540101801 NORTHFRONT RD SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT 85 099B540101900 6690 NORTHFRONT RD SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT 86 099B542500300 HERMAN AVE SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT 87 099B542500400 801 HERMAN AVE SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT 88 099B542500500 NORTHFRONT RD SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT 89 099B542500600 6634 NORTHFRONT RD SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT 90 099B542500700 NORTHFRONT RD SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT 91 099B545000200 LAUGHLIN RD EAST BAY REGIONAL PARK DISTRICT Land Aquis. Dept 92 099B545000300 1467 LAUGHLIN RD EAST BAY REGIONAL PARK DISTRICT Land Aquis. Dept 93 099B570000207 151 GREENVILLE JDB PROPERTIES LLC
94 099B570000301 N GREENVILLE RD SP CO 872-1-99L-42
95 099B575201000 LONGFELLOW CT D J SMITH FAMILY PARTNERSHIP 96 099B575201100 LONGFELLOW CT D J SMITH FAMILY PARTNERSHIP 97 099B575300300 HAWTHORNE AVE KEECH DONALD E & CHIEKO Y TRS 98 099B575300700 7589 NATIONAL DR EVANS DAN L & KATHLEEN M TRS & EVANS WAYNE ETAL 99 099B575303800 751-799 ENTERPRISE CT EVANS DAN L & KATHLEEN M TRS 100 099B575303900 750-758 ENTERPRISE CT Enterprise Court LLC 101 099B575304000 704-748 ENTERPRISE CT ENTERPRISE COURT LLC 102 099B575304500 NATIONAL DR EBI DEVELOPMENT GROUP LLC

4.25.22 371
Livermore-Pleasanton Fire Department
2022 List of Parcels

EXHIBIT A
103 099B575306300 7925 NATIONAL DR TOPCON POSITIONING SYSTEMS INC 104 099B575306400 7979 NATIONAL DR TOPCON POSITIONING SYSTEMS INC 105 099B575306500 7933 NATIONAL DR TOPCON POSITiONING SYSTEMS INC 106 099B587502900 SOUTHFRONT RD P G & E CO 135‐1‐43A‐1
107 099B590000209 5945 SOUTHFRONT RD SINGH JADWINDER & DHALIWAL ALKESH K TRS ETAL 108 099B810301303 LAS POSITAS RD KAISER FOUNDATION HOSPITALS 109 099B810301402 LAS POSITAS RD KAISER FOUNDATION HOSPITALS 110 099B810302400 LEISURE ST GERGES HANY E & LIDIA
111 099B810302500 LEISURE ST SANCHEZ CANDELARIO & VELVET S TRS ETAL 112 099B810303500 VAUGHN AVE TAMAR REALTY LAS POSITAS LOGISTICS CENTER CA LP 113 099B810400700 COMMERCE WAY WROAN DAVID S & JENNIFER B TRS 114 099B810400800 COMMERCE WAY WROAN DAVID S & JENNIFER B TRS 115 099B810400900 COMMERCE WAY WROAN DAVID S & JENNIFER B TRS 116 099B810401000 COMMERCE WAY WROAN DAVID S & JENNIFER B TRS 117 099B810401100 COMMERCE WAY WROAN DAVID S & JENNIFER B TRS 118 099B811004600 SOUTHFRONT RD Livermore Medical LLC
119 099B811006200 LAWRENCE DR LIVERMORE LIFE PROPERTIES LLC 120 099B811006400 LAWRENCE DR LIVERMORE LIFE PROPERTIES LLC 121 099B811007800 200 N GREENVILLE RD NIJJAR KARAMJIT S & RAJINDER K 122 099B811007900 N GREENVILLE RD AHUJA ENTERPRISES LLC ETAL 123 099B811008100 200 S FRONT RD PPV PROPERTIES LLC ETAL 124 099B811702403 LAUGHLIN RD HOM WING Y & LAI C TRS
125 099B812005300 DRY CREEK CT BLUFFS IN LIVERMORE OWNERS ASSOCIATION 126 099B812005400 LAKE CT BLUFFS IN LIVERMORE OWNERS ASSOCIATION 127 099B812600300 631 PINNACLE PINNACLE PLACE LLC
128 099B812600600 631 PINNACLE GNOVEL JOHN P & SOOSUR SUSAN S 129 902 000800100 3658 LAS COLINAS RD ADVENTUS
130 902 000800202 US HWY 50 E FERRARI FAM LTD PTP & SCHMIDIG FRANK JR ETAL 131 903 001000204 COLLIER CANYON RD CHABOT LAS POSITAS COMMUNITY COLLEGE DISTRICT 132 903 001002800 PORTOLA AVE SHEA CENTER LIVERMORE LLC 133 903 001002900 PORTOLA AVE SHEA CENTER LIVERMORE LLC 134 903 001003000 PORTOLA AVE SHEA CENTER LIVERMORE LLC 135 903 001004600 PORTOLA AVE SUTTER HEALTH
136 903 001004700 PORTOLA AVE SUTTER HEALTH
137 903 001004800 PORTOLA AVE SUTTER HEALTH
138 903 001005200 PORTOLA AVE SUTTER HEALTH
139 903 001005300 PORTOLA AVE SUTTER HEALTH
140 903 001005400 PORTOLA AVE SUTTER HEALTH
141 904 000406400 NISSEN DR LIVERMORE AIRWAY BUSINESS PARK 142
904 000500330 200 E AIRWAY BLVD COUNTY ALAMEDA FLOOD CONTROL & WATER

CONSERVATION
143 904 000500333 200 E AIRWAY BLVD SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT 144 904 000500407 US HWY 50 E GANDOLFO CATHERINE ETAL
145
904 001200900 625 W JACK LONDON BLVD
(DISCOVERY DR)

ARKAY LAND LLC
146 904 001201000 450 DISCOVERY DR ARKAY PROPERTIES LLC 147 904 001201100 DISCOVERY DR ARKAY PROPERTIES LLC
148 904 001201200 DISCOVERY DR CH DISCOVERY DRIVE LLC
149 904 001201300 DISCOVERY DR CH DISCOVERY DRIVE LLC
150 905 000901303 COLLIER CANYON MONUMENT PROPERTIES LIVERMORE LLC 151 905 001000403 TRIAD DR (OLD GLORY DR) SDLT INVESTMENTS VII LLC 152 905 001000600 TRIAD DR (OLD GLORY DR) SDLT INVESTMENTS VII LLC

4.25.22 372
Livermore-Pleasanton Fire Department
2022 List of Parcels

EXHIBIT A
153 905 001401500 N CANYONS PKWY LIVERMORE VALLEY JOINT UNIFIED SCHOOL DISTRICT 154 905 001500800 2768 COLLIER CANYON RD CHU YUETMING & MIRIAM L TRS 155 905 001501800 CONSTITUTION DR KMTJ INVESTMENTS LP
156 905 001501900 CONSTITUTION DR KMTJ INVESTMENTS LP
157 905 001502600 2620 COLLIER CANYON RD CORNERSTONE FELLOWSHIP OF LIVERMORE CALIFORNIA 158 905 001502700 2620 COLLIER CANYON RD CORNERSTONE FELLOWSHIP OF LIVERMORE CALIFORNIA 159 905 001502800 2620 COLLIER CANYON RD CORNERSTONE FELLOWSHIP OF LIVERMORE CALIFORNIA 160 905 001502900 2620 COLLIER CANYON RD CORNERSTONE FELLOWSHIP OF LIVERMORE CALIFORNIA 161 098 026401100 CALLAGHAN ST CHERUKURI RAVI K & KANAGALA SAMATA TRS 162 099 072521200 2301 BESS AVE ATWAL DEEPAKPAL & HARPARTAP 163 099 135600600 303 E VINEYARD AVE SINGH SURINDER K TR 164 098 025000500 OAK ST W P CO 843-1-22-8
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169 099 001502304 1309 HILLIKER ADAMS SHELLY TR
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179 902 000801004 US HWY 50 E U PROPERTIES LVS LLC
180 902 000801106 US HWY 50 E ANDERSON CALVIN B Tr
181 903 001004900 PORTOLA SUTTER HEALTH
182 099 067904800 CHURCHILL DOWNS LN SHEN JIEYONG TR
183 099B 812900500 Northfront Rd PENINSULA REAL ESTATE INVESTMENT LLC 184 099B 545001003 LAUGHLIN RD WESTERN TITLE GUARANTY CO CONTRA COSTA CO DIV 185 099 132604200 305 S VASCO RD D BRUZZONE LLC
186 099 040000728 LOMITAS AVE ROMAN CATHOLIC BISHOP OAKLAND 187
099B507500610 VASCO RD COUNTY ALAMEDA FLOOD CONTROL & WATER

CONSERVATION
188 098 026402402 JUNCTION AVE WP CO 843-1-23-1
189 098 026002204 N I ST W P CO 843-1-22-14
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191 098 029000802 N P ST WP CO 843-1-22-POR-6
192 098 029000902 VINEYARD AVE W P CO 843-1-22-POR-6
193 099B575202400 6877 Brisa St BOARD OF TRUSTEE OF Lsj UNIVERSITY TR 194 099 004007500 5605 SOUTHFRONT RD MCGRATH RENTCORP
195 099 004007600 5605 SOUTHFRONT RD LI MCGRATH RENTCORP 196 099 004007800 5605 SOUTHFRONT RD MCGRATH RENTCORP
197 099 004007900 5605 SOUTHFRONT RD MCGRATH RENTCORP
198 099 068200500 ARROYO RD DEOL VIKRUM S
199 099 025600100 E STANLEY REES ANNIE
200 099 025700100 400 WALL ST LIVERMORE VALLEY JOINT UNIFIED SCHOOL DISTRICT 201 099 1356 005 00 355 E Vineyard Ave ABBOUD FAYEZ E & RIMA F TRS 202 099 1343 033 00 353 Kalthoff Cmn La Phong & Sai Etal 203 099 1343 036 00 508 Kalthoff Cmn BECK DAVID G & LISA A TRS

4.25.22 373
Livermore-Pleasanton Fire Department
2022 List of Parcels

EXHIBIT A
204 099 1343 024 00 51 Vallecitos Rd MUSCO FELIX P & JOSEPHINE 205 099 1343 025 00 203 Vallecitos Rd CHEN ANDY TR
206 099 1343 035 02 342 Kalthoff Cmn DANGTRAN JOSEPH V & PHUONGUYEN N TRS 207 099 1343 022 00 247 Vallecitos Rd TD VINEYARDS LLC
208 099 1343 019 00 763 Kalthoff Cmn LIN ALAN Z & XING SUSAN S TRS 209 099 1343 030 00 320 Kalthoff Cmn Livermore Crest LLC 210 099 1361 006 00 567 E Vineyard Ave HLW LLC
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215 099A290201000 5054 ERICA WAY BENNETT LEON R
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224 903 0014 005 00 PORTOLA AVE SHEA HOMES INC
225 903 0014 006 00 PORTOLA AVE SHEA HOMES INC
226 903 0014 007 00 PORTOLA AVE SHEA HOMES INC
227 903 0014 008 00 PORTOLA AVE SHEA HOMES INC
228 098 0356 139 00 10 N Murrieta Blvd Lexington Associates 229 099B8110 013 00 7480 Las Positas Rd RTM PROPERTIES LLC 230 098 021300305 Elm St JOHAL AMRIK & GHAG MAKHAN
231 098 021300303 732 N K ST (ELM ST) STOTTLEMYER JUSTIN H & REBEKAH H TRS 232 097 014305600 1202 Concannon Blvd. HANALEI SUNSET LLC 233 904- 0004-072-00 ARMSTRONG ST LIVERMORE AIRWAY BUSINESS PARK 234 904 -0004-073-00 ARMSTRONG ST LIVERMORE AIRWAY BUSINESS PARK 235 903-0010-056-00 PORTOLA AVE SHEA CENTER LIVERMORE LLC 236 903-0010-057-00 PORTOLA AVE SHEA CENTER LIVERMORE LLC 237 903-0010-058-00 PORTOLA AVE SHEA CENTER LIVERMORE LLC 238 903-0010-061-00 PORTOLA AVE SHEA CENTER LIVERMORE LLC

4.25.22 374

CITY COUNCIL STAFF REPORT
ITEM NO. 7.1

DATE:

April 25, 2022
TO:

Honorable Mayor and City Council
FROM:

Marc Roberts, City Manager
SUBJECT:

Resolution approving the 2022 City of Livermore State and Federal Legislative Platform

RECOMMENDED ACTION

Staff recommends the City Council adopt a resolution approving the 2022 City of Livermore State and Federal Legislative Platform.

SUMMARY
The City of Livermore's State and Federal Legislative Platform allows the City to respond quickly in support of or opposition to legislative issues for the benefit of the Livermore community.

DISCUSSION
The City of Livermore State and Federal Legislative Platform (Platform) documents the City's position in several legislative categories. The proposed positions and categories are based on City Council goals, priorities, policies and community core values. The Platform provides a framework to respond quickly to legislative bills and communicate with legislators on issues affecting Livermore.

The City Council
adopted its first state platform in 2013. In 2015, the City Council directed staff to also use the Platform as a guide for federal bill tracking and action.

Annual updates to the Platform reflect adjustments based on changing City needs, interests and conditions at the regional, state and federal levels.

The 2022 Platform categories are:

Community-Focused Governance
Fiscal Stability
Affordable Housing and Homelessness
Planning and Sustainability
Building Safety
Infrastructure
375
Job Creation and Economic Development
Libraries
Public Safety and Emergency Management
Science, Technology, and Innovation
Transportation and Parking
Water
The proposed 2022 City of Livermore State and Federal Legislative Platform is included as Exhibit A to the resolution for this report and once approved will be accessible on the City's website at www.cityoflivermore.net/legislation.

Attachment 1 to this report is a redlined version of the updates made to this year's Platform. Updates include, but are not limited to:

A support position added to the Infrastructure category for legislation that would expand connectivity and access to digital resources (based on City Council direction from the 2020 Legislative Platform update).

Reformatted City Local Control category, now Community-Focused Governance. This category explains the value in creating policies that best fit the needs of the Livermore community and the importance of advocating for state legislation that provides guidance while allowing local implementation (based on City Council direction from the 2020 update).

New Building Safety category with positions related to protecting public health, safety and welfare by proper building design and construction practices.

New positions in the Library category supporting equitable access to resources, opportunities, and information, funding for career development and literacy for all ages, inclusivity and the exchange of ideas.

A support position added to the Public Safety and Emergency Management category for funding and increased access to mental health care and drug/alcohol treatment programs.

Further, when appropriate, the City of Livermore joins its Tri-Valley neighbors to advocate for issues and funding at the regional, state and federal levels. The cities of Livermore, Dublin, Pleasanton, San Ramon, and the town of Danville developed a Tri-Valley Cities Legislative Framework. The Tri-Valley Framework overlaps many of the items in the City’s Platform and provides another opportunity for advocacy progress and success. The 2022 Tri-Valley Cities Legislative Framework is included as Attachment 2 to this report.

FINANCIAL AND ADMINISTRATIVE

IMPACTS

There are no fiscal or administrative impacts associated with City Council adoption of the 2022 City of Livermore State and Federal Legislative Platform.

ATTACHMENTS

1. Draft 2022 Legislative Platform - Redlined

2. Tri-Valley Cities Legislative Framework

3. Resolution

4. Exhibit A - Draft 2022 Legislative Platform
376

Prepared by: Stephanie Egidio
Management Analyst

Approved by:
____________________________________
Marc Roberts
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
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City of Livermore
2022 State and Federal Legislative Platform

(DRAFT)

Deleted:

Deleted: 2020
Deleted: Adopted at the May 11, 2020 City Council
meeting…
ATTACHMENT 1
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The City of Livermore (“City”) 2022 State and Federal Legislative Platform (“Platform”) highlights the position of the City Council on important issues that align with community goals and policy documents such as the General Plan. City staff monitor bills introduced into the California Legislature and United States Congress. The Platform provides staff direction and allows the City, on the City Council’s behalf, to respond quickly in support of or opposition to bills and other legislative or administrative actions in time-sensitive situations. The City Council delegates its authority to the Mayor to sign support or opposition letters, consistent with the Platform. Additionally, the Platform enables staff to communicate on behalf of the City to state legislators and federal elected officials.

The Platform is developed through review of City needs and issues, staff input, and review of League of California Cities priorities and strategies. City Council adopted the first Platform in 2013. At its April 13, 2015, meeting, City Council directed staff to use the Platform as a guide for federal bill tracking and action, too. Typically, the City Council reviews and updates the Platform annually.

The 2022 City of Livermore Platform categories are:

 Community-Focused Governance
 Fiscal Stability
 Affordable Housing and Homelessness
 Planning and Sustainability
 Building Safety
 Infrastructure
 Job Creation and Economic Development
 Libraries
 Public Safety and Emergency Management
 Science, Technology, and Innovation
 Transportation and Parking
 Water

The State and Federal Legislative Platform evolves as City needs adjust, new issues arise, and conditions at the regional, state, and federal level change. Platform adjustments, whether due to federal policy changes or state policy reactions, may be considered at a future City Council meeting or at the next annual review in 2023.

Once approved by the City Council, the 2022 State and Federal Legislative Platform will be posted on the City’s website at www.cityoflivermore.net/legislation. Staff also provide the City Council with periodic updates on letters sent, bill progress, and legislative developments.

When appropriate, the City of Livermore joins its Tri-Valley neighbors to advocate for issues and funding at the regional, state, and federal levels. The cities of Livermore, Dublin, Pleasanton, San Ramon, and the town of Danville develop a Tri-Valley Cities Legislative Framework. The Tri-Valley Framework overlaps many of the items in the Deleted: 0
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City’s Platform, and provides another opportunity for advocacy progress and success.

The Tri-Valley Cities Legislative Framework is available to view at www.cityoflivermore.net/legislation.

Community-Focused Governance
The City values its ability to create policies that best fit the needs of the Livermore community. It is important to advocate for state legislation that provides framework guidance and allows local implementation.

1. Support legislation that enhances or streamlines local governance and allows cities to address the needs of local constituents within a framework of regional cooperation.

2. Monitor legislation that affects the ability of City Council to effectively govern.

3. Monitor cannabis-related legislation.

4. Oppose legislation that would prohibit or limit local governments’ ability to contract out for services.

5. Support legislation that updates both the Brown Act and Public Records Act regarding electronic records and activities that support local decision-making without significant fiscal impact and new regulations that require staff resources.

6. Oppose legislation that requires or expands state involvement in City financial audits, fiscal monitoring, general oversight, or assistance by the State Treasurer, State Controller, or other state agencies.

7. Support a wording change in the Communications Act of 1934 that removes the distinction between “capital” and “operating” funds in order to provide more local control for community television stations in the use of their public, educational and government (PEG) channel fees with no rise in taxes or a reduction in revenue to the cable industry.

Fiscal Stability

Fiscal stability and financial independence are necessary to provide desired services and programs for residents and local businesses. City Council policy decisions direct staff to ensure the City’s long-term financial stability. Unexpected diversion of local funds by the state or federal government erodes the ability of a city to plan and budget for short-and-long term service needs.

1. Oppose legislation that imposes unfunded or inadequate state or federal mandates.

Deleted: platform
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developed a special framework in response to
anticipated housing-specific legislation intended to
facilitate increased housing production.

Deleted: and Housing and Policy Framework are
Deleted: both provided
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Deleted: Local control is a core tenet for the City of
Livermore. ¶
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local authority or decision-making. ¶
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of Proposition 64 the Adult Use of Marijuana Act.¶
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ATTACHMENT 1
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2. Support legislation that updates the tax structure to enhance local government revenues that have declined due to the expansion of e-commerce, increased consumption of services rather than durable goods, and innovations in technology.

3. Monitor legislation regarding new fees or other revenue-enhancements.

4. Oppose legislation that reduces or eliminates payments to cities for use of property and rights-of-way for telecommunications.

5. Support legislation that provides sustainable and secure public pensions and other post-retirement benefits to ensure responsive and affordable public services.

6. Support legislation that streamlines the Workers’ Compensation system.

7. Oppose legislation that would remove the federal tax exemption for municipal bonds.

Affordable Housing and Homelessness

The availability of a suitable living environment is essential to quality-of-life. It is important to support adequate and affordable housing opportunities and housing- related service needs.

1. Support regional solutions that balance housing, transportation/transit, and jobs together. Building housing without adequate transportation infrastructure may exacerbate, not alleviate, the affordable housing crisis.

2. Support legislation that protects existing affordable housing stock, including rental apartments, deed-restricted units, and mobile homes, and promotes affordable housing that includes long-term affordability agreements.

3. Support legislation that ensures incentives and density bonus provisions are directly linked to the level and percentage of affordable units provided for each project.

4. Support legislation that enables cities to develop locally appropriate plans that meet state objectives in a manner that is compatible with existing community character.

5. Support legislation that facilitates accessory dwelling units and encourages development of “missing-middle” housing that is compatible with suburban community character.

Deleted: ¶
Support legislation that addresses insurance
complaints by consumers arising from recent
California wildfires such as SB 824 (Lara) and AB
1722 (Aguiar-Curry).¶
Deleted: ¶
Oppose “one-size-fits-all” standards for regional
housing by ensuring that policies and laws allow for
sensitivity to local context. ¶
Deleted: State
ATTACHMENT 1
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6. Oppose housing mandates that are not accompanied by funding that can support expanded transportation, transit, and infrastructure, including planning, and capital improvement programs and funding to support new school facilities.

7. Oppose housing legislation that results in a net loss of local funding.

8. Support housing legislation that promotes the development and enhancement of a diverse workforce, as long as the legislation does not create an unfunded mandate or conflict with local land use authority and financial stability.

9. Oppose housing legislation that unduly impacts local taxation capacity or diverts financial resources from essential local public services and infrastructure programs.

10. Support legislation that increases financial assistance to cities, non-profit organizations, and local partnerships to provide affordable, transitional, special needs, and emergency housing to the homeless, seniors, veterans, and people with special needs.

11. Support legislation that increases financial assistance to cities, non-profit organizations, and local partnerships to provide and promote self- empowerment for homeless individuals or families through counseling, job training, and other related services.

12. Support legislation that provides financial assistance, improved access to, and expansion of health care, mental health, and drug addiction services for low income and homeless individuals.

Planning and Sustainability
Land use planning coupled with environmental stewardship, such as mandatory reductions in greenhouse gases, emissions, solid waste generation, and energy consumption are vital to a community’s quality of life.

1. Oppose legislation that diminishes cities’ decision-making authority over land use decisions or zoning.

2. Support legislation preserving or enhancing the federal Community Development Block Grant (CDBG) program.

3. Support land use patterns that maintain safe residential neighborhoods, bolster economic prosperity, preserve open space, and enhance overall quality of life.

ATTACHMENT 1
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4. Oppose state or federal efforts to further erode local government authority regarding the location or permit review of small cell wireless equipment, cellular towers, transmission sites, or other devices on public infrastructure or in the public right of way.

5. Support funding and incentives for smart growth and sustainable development.

6. Support CEQA-reform legislation that improves the cost-effective and timely delivery of projects and decreases the ability for spurious lawsuits.

7. Support legislation or grant opportunities for cities that provide funding for developing or enhancing alternative vehicle fueling stations.

8. Support rebate programs, tax credits, and other financial incentives that encourage property owners to invest in energy efficiency and renewable energy systems, greenhouse gas-reducing technology, and alternative vehicle fueling stations in parking areas.

9. Monitor state and federal legislation related to climate adaptation.

10. Support measures that increase funding to local governments for landfill diversion programs such as food recovery, composting, and recycling.

11. Support Extended Producer Responsibility (EPR) legislation to encourage manufacturers to design environmentally friendly products by holding producers responsible for the costs of managing their products at end of life.

Building Safety

The City prioritizes protection of public health, safety and welfare by proper building design and construction practices.

1. Support legislation that increases the safety of buildings, reduces potential hazards and protects against fire and structure collapse.

2. Support legislation for seismic earthquake retrofits to protect individuals and structures.

3. Support legislation that contributes to the quality and durability of construction methods and materials

4. Monitor legislation to restrict number of inspections needed to verify safety of the built environment and other components.

ATTACHMENT 1
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5. Support measures to streamline photovoltaic and electrical vehicle charging permitting and installation.

6. Support legislation that contributes to the wellbeing of a community, preservation of life safety, and property maintenance.

Infrastructure

The condition of a city’s infrastructure affects the community’s quality-of-life. Sewer and water systems, sidewalks, and roads are subject to a wide number of regulations and must be maintained or replaced to ensure the health of the community.

1. Support state and federal legislation that would expand connectivity and access to digital resources.

2. Oppose legislation regarding infrastructure such as sidewalk repair that increases a city’s unfunded infrastructure liability.

3. Support state and federal legislation that provides additional funding and/or preferred financing for local critical unmet infrastructure needs.

4. Support legislation that reduces or streamlines state and federal permitting requirements.

5. Support legislation that enhances the reliability of water transmission and storage through the Delta to the Tri-Valley.

6. Support legislation that provides new funding methods for flood control and stormwater management.

7. Support legislation that would acknowledge an adopted California Environmental Quality Act (CEQA) document can be substituted for a federal National Environmental Protection Agency (NEPA) document for infrastructure projects.

8. Monitor legislation that alters the state’s agency permitting requirements and how they impact the timeliness and viability of natural resource projects planned by government agencies and special districts at the local and regional level including Fish and Game endowments.

Job Creation and Economic Development

The City encourages and supports business through strategic economic development initiatives. Fostering a strong business environment requires job creation, educational opportunities, and workforce development programs.

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1. Support legislation that enhances or expands community and economic development tools and funding to address development and revitalization needs.

2. Support legislation or grants that focus on downtown development.

3. Support legislation that promotes and funds workforce development and re- training efforts focused on high-skilled jobs required by emerging industries.

4. Support legislation that encourages entrepreneurship, facilitates resource- sharing models, or otherwise reduces barriers to entry for small business.

5. Support legislation that provides insurance or loan guarantees for small business loans during recessionary periods.

Libraries

The Livermore Public Library connects people with information and education, and inspiring experiences that support lifelong learning, personal growth, and enhanced quality-of-life. With strong community support, the Library offers programs, materials, and services most valued by residents.

1. Support legislation that increases financial assistance to cities to provide local library programs and literacy services.

2. Support legislation that seeks to close the digital divide through funding local libraries such that they may provide broadband and devices such as computers and tablets for community members to access.

3. Support legislation and funding efforts relating to early literacy, school readiness, adult literacy, career development, vocational support, and assistance to vulnerable populations

4. Support legislation that protects the privacy of patrons and their associated library records and data

5. Support legislation that enhances equitable, diverse, and inclusive initiatives and opportunities.

6. Support inclusivity, efforts to offer open and unfettered access to information and the exchange of ideas, and the welcoming of all people to express themselves regardless of their politics or beliefs.

Public Safety and Emergency Management

Effective public safety significantly enhances a community’s quality-of-life. Maintaining a strong safety presence requires ongoing local, regional, state, and federal support.

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Deleted: Staff also works with community partners to
further increase the impact of the Library’s mission and its contribution to Livermore’s high quality of life.

Deleted: ¶
¶
¶
ATTACHMENT 1
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1. Support legislation and grants that fund police and fire equipment upgrades, training, and capital improvements.

2. Support legislation that promotes and funds emergency management and recovery efforts.

3. Support legislation that maintains and increases grant funding for the Community Oriented Police Services (COPS) hiring program.

4. Monitor legislation pertaining to unmanned aircrafts (drones) and Federal Aviation Administration regulations.

5. Support legislation to increase penalty for prohibited persons in possession of firearms and use of firearms in the commission of a crime.

6. Support legislation that penalizes individuals who engage in drug and/or distracted driving activities.

7. Support legislative efforts to address the negative impacts of Proposition 47 (Reduced Penalties for Some Crimes, 2014) and Proposition 57 (Parole for Non- Violent Criminals and Juvenile Court Trial Requirements Initiative, 2016) and provide local law enforcement with tools to reduce criminal activity.

8. Support legislation that would provide funding and increase access to mental health care, response to mental health related calls for service, and drug/ alcohol treatment programs.

Science, Technology, and Innovation

As the only City in the United States with two national laboratories, science, technology, and innovation play an important role in the Livermore economy, workforce, and community values. Additionally, the City partnership with the labs and i-GATE fosters innovation, job creation, and economic development opportunities.

1. Support legislation that advances or encourages innovation, entrepreneurship, start-ups, small business opportunities, and/or workforce development.

2. Support legislation that encourages the expansion of STEM (Science, Technology, Engineering, and Mathematics) programs in K-12, higher education, libraries, and community-based organizations.

3. Support legislation that encourages and supports the transfer of technology from the national laboratories.

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4. Support legislation that provides competitive grants, state partnerships, or other resources to iHubs or their member companies to encourage innovation and the science, technology, and innovation economies.

5. Support legislation that improves the federal labs' ability to update or expand their infrastructure.

Transportation and Parking

Regional and local transportation play a key role in a community’s economic vitality and quality-of-life.

1. Support legislation that reduces congestion along Tri-Valley area freeways or reduces truck traffic along I-580 through roadway or rail improvements.

2. Support legislation that enhances the ability of local agencies to finance local transportation programs and facilities.

3. Support legislation that facilitates connectivity between major regional rail/transit systems.

4. Support legislation that provides incentives for rail and multimodal transit stations and transit-oriented development projects.

5. Oppose legislation mandating “one-size-fits-all” parking space requirements for future housing, entertainment, or retail developments or impinging on how parking spaces can be used.

6. Support legislation that provides incentives for shared public/private partnerships.

7. Monitor legislation that defines "high quality transit" for purposes of transit- oriented development as anything with service headways above hourly. Review on case-by-case basis to determine any impacts and/or benefits.

Water

Water, both quantity and quality, is essential to residential quality-of-life as well as agricultural and economic vitality and growth.

1. Oppose legislation that imposes a state tax or fee on customers of a public water system for drinking water.

2. Monitor legislation developing new water conveyance systems such as peripheral canals or tunnels (as mentioned in the proposed Bay Delta Deleted:

Deleted: <#>Oppose legislation that defines "high
quality transit" for purposes of transit-oriented
development as anything with service headways
above hourly.¶
ATTACHMENT 1
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Conservation Plan) to deliver adequate water to the Tri-Valley and the Silicon Valley.

3. Support legislation that expands the production and use of recycled water or increases local control of water supplies.

4. Oppose legislation that expands statewide mandatory water conservation and/or rationing unless the conservation measures are triggered in response to specific local water supply conditions.

5. Support legislation that allows direct and indirect potable water reuse.

6. Oppose legislation that allows the State Water Resources Control Board or Regional Water Quality Control Board to establish more stringent, clean water objectives unless the legislation provides a demonstrated water quality benefit as well as the means for jurisdictions to achieve the objectives.

7. Support regulations to protect drinking water from the impacts of hydrological fracturing (hydro-fracking) related to oil and gas exploration and extraction.

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TRI-VALLEY CITIES
Legislative Framework
2022
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TRI-VALLEY CITIES VALUES STATEMENT
The Tri-Valley Cities of Dublin, Livermore, Pleasanton, San Ramon, and the Town of Danville value regional leadership, innovation, collaboration, and problem solving to maintain and improve the quality of life for Tri-Valley residents and provide a vibrant climate for businesses, and enable continued opportunities for public and private investment within the region.

E
ach City and Town provides a unique perspective on how to meet the needs of their residents and businesses. The Cities and Town agree to respect the individuality of each community and are committed to open and honest communication with a goal of building consensus and a united approach to advocacy for solutions that will serve the residents and businesses of the Tri-Valley.

TRI
-VALLEY CITIES LEGISLATIVE FRAMEWORK
The Tri-Valley Cities Legislative Framework seeks to inform all levels of governmental interaction (e.g., federal, state, regional, local) regarding legislation, policies, and programs that have a direct impact on the region. The TVC has defined Legislative Focus Areas which have an overarching objective to retain and promote local control and decision- making as it relates to the implementation of laws and regulations and to have the ability to integrate them in a manner that meets the unique needs of each community. The TVC will advocate together to achieve outcomes benefiting the region in each of these Focus Areas.

Transpo
rtation
Residents of the Tri-Valley region are subject to some of the heaviest commutes in the Bay Area and are impacted by the heavy flow of traffic along the region’s freeways, which often spills over onto the local surface streets as commuters pursue alternatives to their commute through the Tri-Valley. A key objective of the region is to reduce congestion on the regions freeways and to increase mobility of goods and people through the Tri-Valley with continued financial investment in transportation infrastructure: developing alternative modes of transportation, modernization of transportation corridors, and creation, modernization, and expansion of rail systems.

Climate
and the Environment
The TVC seeks to work collaboratively with federal, state and regional partners to address the new landscape of year-round wildfires, public safety power shut offs, water quality (including PFAS/PFOS contaminants) and supply issues as well as waste and recycling mandates. The TVC will advocate for increasing financial and technical support in these areas as well as an investment in key infrastructure at all levels of government.

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Economic Development
The Tri-Valley region is an innovation hub that spurs job growth, sustains a healthy economy and provides a great quality of life for our residents and business. Key objectives are developing a healthy workforce, supporting innovation, capacity building, economic stimulus and growth in the region.

Affordabl
e Housing
The TVC supports balanced solutions which consider housing, jobs, and transportation together and seeks to support, promote and protect affordability in the region’s housing stock. Key objectives are to work with federal, state, and regional partners to provide funding for affordable housing through a variety of programs and options and to work to address barriers to building affordable housing.

Mental H
ealth
The TVC recognizes that social services are vital to supporting residents and providing crucial safety net services in our region. While the TVC cities do not provide direct delivery of social services we seek to work together to support our local non-profits and organizations that do provide these services and advocate together for these vital resources and services from all levels of government. Mental health is an emerging need in our region and the TVC seeks to advocate for the needed resources to meet the needs of all of our residents.

Fiscal
Sustainability
Fiscal Sustainability is an important role for all levels of government. The TVC seeks to advocate against the imposition of unfunded mandates and the removal of funding streams from local governments.
2022
PAGE 1
ATTACHMENT 2
391
RESOLUTION NO.

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA A RESOLUTION ADOPTING THE 2022 STATE AND FEDERAL LEGISLATIVE

PLATFORM FOR THE CITY OF LIVERMORE
The proposed 2022 City of Livermore State and Federal Legislative Platform (“2022 Platform”) will allow the City to quickly respond in support of or in opposition to legislative issues by establishing positions that guide staff’s response to legislative bills and their communications with legislators. This is especially important when responding to time- sensitive situations affecting the Livermore community.

The City Council first adopted a formal legislative platform in 2013, and it has adopted an update each year since then. In 2015, the City Council expanded the platform to also provide a guide for federal bill tracking and action.

The 2022 Platform proposes City positions in several legislative categories. The proposed positions and categories are based on City Council goals, priorities, policies, and community core values. As such, the 2022 Platform also reflects adjustments based on evolving City needs, interests, and conditions at the regional, state, and federal levels.

The 2022 Platform legislative categories are:

1. Community-Focused Governance

2. Fiscal Stability

3. Affordable Housing and Homelessness

4. Planning and Sustainability

5. Building Safety

6. Infrastructure

7. Job Creation and Economic Development

8. Libraries

9. Public Safety and Emergency Management

10.Science, Technology, and Innovation

11.Transportation and Parking

12.Water
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that it hereby adopts the 2022 City of Livermore State and Federal Legislative Platform, attached hereto as Exhibit A.

On motion of Council Member , seconded by
Council Member , the foregoing resolution was passed
and adopted on April 25, 2022, by the following vote:
392
RESOLUTION NO.

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ATTEST: APPROVED AS TO FORM:
/s/ Jason R. Alcala ____
Marie Weber Jason R. Alcala
City Clerk City Attorney
Exhibit A – City of Livermore 2022 State and Federal Legislative Platform 393

City of Livermore
2022 State and Federal Legislative Platform

(DRAFT)

EXHIBIT A
394
The City of Livermore (“City”) 2022 State and Federal Legislative Platform (“Platform”) highlights the position of the City Council on important issues that align with community goals and policy documents such as the General Plan. City staff monitor bills introduced into the California Legislature and United States Congress. The Platform provides staff direction and allows the City, on the City Council’s behalf, to respond quickly in support of or opposition to bills and other legislative or administrative actions in time-sensitive situations. The City Council delegates its authority to the mayor to sign support or opposition letters, consistent with the Platform. Additionally, the Platform enables staff to communicate on behalf of the City to state legislators and federal elected officials.

The 2022 City of Livermore Platform categories are:

• Community-Focused Governance
• Fiscal Stability
• Affordable Housing and Homelessness
• Planning and Sustainability
• Building Safety
• Infrastructure
• Job Creation and Economic Development
• Libraries
• Public Safety and Emergency Management
• Science, Technology, and Innovation
• Transportation and Parking
• Water

EXHIBIT A
395
The Tri-Valley Cities Legislative Framework is available to view at www.cityoflivermore.net/legislation.

1. Support legislation that enhances or streamlines local governance and allows cities to address the needs of local constituents within a framework of regional cooperation.

2. Monitor legislation that affects the ability of City Council to effectively govern.

3. Monitor cannabis-related legislation.

4. Oppose legislation that would prohibit or limit local governments’ ability to contract out for services.

Fiscal Stability

1. Oppose legislation that imposes unfunded or inadequate state or federal mandates.

EXHIBIT A
396

3. Monitor legislation regarding new fees or other revenue-enhancements.

4. Oppose legislation that reduces or eliminates payments to cities for use of property and rights-of-way for telecommunications.

5. Support legislation that provides sustainable and secure public pensions and other post-retirement benefits to ensure responsive and affordable public services.

6. Support legislation that streamlines the Workers’ Compensation system.

7. Oppose legislation that would remove the federal tax exemption for municipal bonds.

Affordable Housing and Homelessness

The availability of a suitable living environment is essential to quality-of-life. It is important to support adequate and affordable housing opportunities and housing- related service needs.

3. Support legislation that ensures incentives and density bonus provisions are directly linked to the level and percentage of affordable units provided for each project.

4. Support legislation that enables cities to develop locally appropriate plans that meet state objectives in a manner that is compatible with existing community character.

5. Support legislation that facilitates accessory dwelling units and encourages development of “missing-middle” housing that is compatible with suburban community character.

EXHIBIT A
397

6. Oppose housing legislation that are not accompanied by funding that can support expanded transportation, transit, and infrastructure, including planning, and capital improvement programs and funding to support new school facilities.

7. Oppose housing legislation that results in a net loss of local funding.

9. Oppose housing legislation that unduly impacts local taxation capacity or diverts financial resources from essential local public services and infrastructure programs.

12. Support legislation that provides financial assistance, improved access to, and expansion of health care, mental health, and drug addiction services for low income and homeless individuals.

1. Oppose legislation that diminishes cities’ decision-making authority over land use decisions or zoning.

2. Support legislation preserving or enhancing the federal Community Development Block Grant (CDBG) program.

3. Support land use patterns that maintain safe residential neighborhoods, bolster economic prosperity, preserve open space, and enhance overall quality of life.

EXHIBIT A
398

5. Support funding and incentives for smart growth and sustainable development.

6. Support CEQA-reform legislation that improves the cost-effective and timely delivery of projects and decreases the ability for spurious lawsuits.

7. Support legislation or grant opportunities for cities that provide funding for developing or enhancing alternative vehicle fueling stations.

9. Monitor state and federal legislation related to climate adaptation.

10. Support measures that increase funding to local governments for landfill diversion programs such as food recovery, composting, and recycling.

Building Safety

The City prioritizes protection of public health, safety and welfare by proper building design and construction practices.

1. Support legislation that increases the safety of buildings, reduces potential hazards and protects against fire and structure collapse.

2. Support legislation for seismic earthquake retrofits to protect individuals and structures.

3. Support legislation that contributes to the quality and durability of construction methods and materials

4. Monitor legislation to restrict number of inspections needed to verify safety of the built environment and other components.

EXHIBIT A
399

5. Support measures to streamline photovoltaic and electrical vehicle charging permitting and installation.

6. Support legislation that contributes to the wellbeing of a community, preservation of life safety, and property maintenance.

Infrastructure

1. Support state and federal legislation that would expand connectivity and access to digital resources.

2. Oppose legislation regarding infrastructure such as sidewalk repair that increases a city’s unfunded infrastructure liability.

3. Support state and federal legislation that provides additional funding and/or preferred financing for local critical unmet infrastructure needs.

4. Support legislation that reduces or streamlines state and federal permitting requirements.

5. Support legislation that enhances the reliability of water transmission and storage through the Delta to the Tri-Valley.

6. Support legislation that provides new funding methods for flood control and stormwater management.

Job Creation and Economic Development

EXHIBIT A
400

1. Support legislation that enhances or expands community and economic development tools and funding to address development and revitalization needs.

2. Support legislation or grants that focus on downtown development.

3. Support legislation that promotes and funds workforce development and re- training efforts focused on high-skilled jobs required by emerging industries.

4. Support legislation that encourages entrepreneurship, facilitates resource- sharing models, or otherwise reduces barriers to entry for small business.

5. Support legislation that provides insurance or loan guarantees for small business loans during recessionary periods.

Libraries

The Livermore Public Library connects people with information and education, and inspires experiences that support lifelong learning, personal growth, and enhanced quality-of-life. With strong community support, the Library offers programs, materials, and services most valued by residents.

1. Support legislation that increases financial assistance to cities to provide local library programs and literacy services.

3. Support legislation and funding efforts relating to early literacy, school readiness, adult literacy, career development, vocational support, and assistance to vulnerable populations

4. Support legislation that protects the privacy of patrons and their associated library records and data

5. Support legislation that enhances equitable, diverse, and inclusive initiatives and opportunities.

Public Safety and Emergency Management

Effective public safety significantly enhances a community’s quality-of-life. Maintaining a strong safety presence requires ongoing local, regional, state, and federal support.

EXHIBIT A
401

1. Support legislation and grants that fund police and fire equipment upgrades, training, and capital improvements.

2. Support legislation that promotes and funds emergency management and recovery efforts.

3. Support legislation that maintains and increases grant funding for the Community Oriented Police Services (COPS) hiring program.

4. Monitor legislation pertaining to unmanned aircrafts (drones) and Federal Aviation Administration regulations.

5. Support legislation to increase penalty for prohibited persons in possession of firearms and use of firearms in the commission of a crime.

6. Support legislation that penalizes individuals who engage in drug and/or distracted driving activities.

8. Support legislation that would provide funding and increase access to mental health care, response to mental health related calls for service, and drug/ alcohol treatment programs.

Science, Technology, and Innovation

1. Support legislation that advances or encourages innovation, entrepreneurship, start-ups, small business opportunities, and/or workforce development.

2. Support legislation that encourages the expansion of STEM (Science, Technology, Engineering, and Mathematics) programs in K-12, higher education, libraries, and community-based organizations.

3. Support legislation that encourages and supports the transfer of technology from the national laboratories.

EXHIBIT A
402

5. Support legislation that improves the federal labs' ability to update or expand their infrastructure.

Transportation and Parking

Regional and local transportation play a key role in a community’s economic vitality and quality-of-life.

1. Support legislation that reduces congestion along Tri-Valley area freeways or reduces truck traffic along I-580 through roadway or rail improvements.

2. Support legislation that enhances the ability of local agencies to finance local transportation programs and facilities.

3. Support legislation that facilitates connectivity between major regional rail/transit systems.

4. Support legislation that provides incentives for rail and multimodal transit stations and transit-oriented development projects.

5. Oppose legislation mandating “one-size-fits-all” parking space requirements for future housing, entertainment, or retail developments or impinging on how parking spaces can be used.

6. Support legislation that provides incentives for shared public/private partnerships.

Water

Water, both quantity and quality, is essential to residential quality-of-life as well as agricultural and economic vitality and growth.

1. Oppose legislation that imposes a state tax or fee on customers of a public water system for drinking water.

2. Monitor legislation developing new water conveyance systems such as peripheral canals or tunnels (as mentioned in the proposed Bay Delta

EXHIBIT A
403
Conservation Plan) to deliver adequate water to the Tri-Valley and the Silicon Valley.

3. Support legislation that expands the production and use of recycled water or increases local control of water supplies.

4. Oppose legislation that expands statewide mandatory water conservation and/or rationing unless the conservation measures are triggered in response to specific local water supply conditions.

5. Support legislation that allows direct and indirect potable water reuse.

7. Support regulations to protect drinking water from the impacts of hydrological fracturing (hydro-fracking) related to oil and gas exploration and extraction.

EXHIBIT A
404

CITY COUNCIL STAFF REPORT
ITEM NO. 7.2

DATE:

April 25, 2022
TO:

Honorable Mayor and City Council
FROM:

Christine Martin, Assistant City Manager
SUBJECT:

Update on the FY 2021-23 City Council Goals and Priorities and Equity and Inclusion workplan.

RECOMMENDED ACTION

Staff recommends City Council receive an update on the FY 2021-23 Goals and Priorities and Equity and Inclusion workplan.

SUMMARY
On March 1, 2021, the City Council held a workshop to refine its goals and priorities for FY 2021-23 and provide direction regarding the development of a two-year work plan. The FY 2021-23 Goals and Priorities and work plan were approved by Council on May 10, 2021. This report presents the second update on the FY 2021-23 Goals and Priorities.

On July 26, 2021, the City Council received a final report on the work of the Equity and Inclusion Subcommittee and accepted the Subcommittee's recommendations. This report presents an update on the implementation status of those recommendations.

DISCUSSION
Goals and Priorities Update

Every two years, a Council Goals and Priorities Workshop is held to identify, discuss, and prioritize key issues that will be addressed over the coming two-year period. Based on direction received at the workshop, a report outlining Council goals and priorities, including a list of action items, is brought forward to Council for consideration as part of the two-year budget adoption process.

On May 10, 2021, Council approved five core goals and priorities and their associated work plans. The approved FY 2021-23 goals are listed below:

1. Asset Management and Stormwater.

Establish a comprehensive Asset Management Program with 405
a focus on stormwater, ensuring the community continues to receive vital services through a sustainable infrastructure strategy.

2. Downtown.

Enhance the City's vibrancy by completing critical projects downtown, ensuring the right balance of local amenities to support quality of life.

3. General Plan Update.

Engage in a comprehensive General Plan Update
, including the Housing
Element and Programmatic EIR, to address changes in regional and state policy, market trends, and community preferences, to plan for growth and conservation for the next 25 years, and support and enhance Livermore quality of life

4. Homelessness and Affordable Housing.

Establish a homelessness strategy, engaging local
partners to develop a coordinated response, and expand diversity of affordable housing projects.

5. Modernization, Training, and Workplace Enhancements.

Develop a systematic approach to
modernizing the City's aging business systems, reviewing processes for alignment with industry best practices, and providing our workforce with the tools and training necessary to effectively deliver services to the community.

Throughout the year, periodic goal implementation updates are presented to Council. The attached FY 2021-23 City Council Priorities Report summarizes recent accomplishments in each of the priority areas.

Equity and Inclusion Update

On July 26, 2021, the City Council received a final report on the work of the Equity and Inclusion Subcommittee and accepted the Subcommittee's recommendations. The attached Equity and Inclusion workplan summarizes recent accomplishments on the recommendations.

FISCAL AND ADMINISTRATIVE IMPACTS

There are no fiscal or administrative impacts associated with this update.

ATTACHMENTS

1. FY 2021-23 City Council Priorities Report

2. Equity and Inclusion Final Recommendations Report

Prepared by: Christine Martin
Assistant City Manager

406
Approved by:
____________________________________
Marc Roberts
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
407
FY 2021-23 CITY COUNCIL PRIORITIES REPORT
GOAL – ASSET MANAGEMENT AND STORMWATER: Establish and maintain comprehensive Asset Management and Stormwater Management Programs, ensuring the community continues to receive vital services through a sustainable infrastructure strategy.

Action Items

Page 1 of 5 ends

Livermore City CouncilApril 25, 2022

Livermore City Council
April 25, 2022