Agenda packet — Livermore City Council, April 15, 2024 (part 2 of 2)

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 October 23, 2023,
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.

EXHIBIT A
377
Annual Action Plan
2023
21 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 15, 2024, 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.

EXHIBIT A
378
Annual Action Plan
2023
22 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 404,865 0 0 404,865 0
The City anticipates receiving
approximately $440,000 of CDBG
allocation each year of the
Consolidated Plan of its Five-Year
Consolidated Plan.

EXHIBIT A
379
Annual Action Plan
2023
23 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 the following- Housing In-lieu (In- lieu) funds that are allocated solely for housing projects and/or programs; and General 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 also used for specific projects such as the operation of the Multi-Service Center, 2-1-1, and homeless services.

If appropriate, describe publicly 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.

EXHIBIT A
380
Annual Action Plan
2023
24 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: $96,532 Tenant-based rental assistance / Rapid Rehousing: 22
Households Assisted
2 Public
Services
2020 2024 Homeless
Non-Homeless
Special Needs
Non-Housing
Community
Development
City-wide Community
Development
CDBG: $60,730 Public service activities other
than Low/Moderate Income
Housing Benefit: 460 Persons
Assisted
3 Public
Facilities
2020 2024 Homeless
Non-Housing
Community
Development
City-wide Community
Development
CDBG: $166,631
CDBG Prior Year
Entitlement:
$30,000
Other: 3 Other-Section 108
Loan Repayments

EXHIBIT A
381
Annual Action Plan
2023
25 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 anticipated adding at least 100 affordable housing units throughout the FY 2020-2024 Consolidated Plan period through 3 projects and is on target to meet that goal. In January 2024 the Vineyard Housing and Resource Center project was completed. The Vineyard project created 23 new, permanent supportive housing units for persons experiencing homelessness (plus one on-site resident manager’s unit), and addresses the City’s strategic plan goals by providing permanent housing, onsite food, temporary shelter, homeless, and housing navigation services. The Ageno Apartments project was completed in 2019 and provided 32-unit affordable units for 55 years to households with incomes up to 50% of the median income and The Avance project, completed in October 2022, provides 44 services-enriched housing units targeted to persons with developmental disabilities.

In the upcoming program year, the City expects to serve over 482 low-income Livermore community members through its annual CDBG entitlement.

EXHIBIT A
382
Annual Action Plan
2023
26 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 2024-25 federal resources from the Community Development Block Grant Program (CDBG) and HOME Investment Partnerships Program (HOME). Several projects that the City funds through its Housing and Human Services Grants (HHSG) Program, which utilizes local funding sources such as the Livermore General Fund and In-Lieu Housing Funds are not included in this project list.

Table 7 – Project Information
# Project Name
1 Section 108 Loan Repayment-Tri-Valley Haven for Women- Emergency Shelter Rebuild 2 Abode-Tenant Based Rental Assistance (TBRA)
3 Tri-Valley Haven for Women- 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 Senior Meal Program
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 General Fund 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 2020–2024 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 funds

2. Lack of accessible public information regarding existing social services

3. Lack of affordable housing compared to the growing demand

5. Lack of linguistically accessible services, particularly for Livermore’s low-income Latino population

EXHIBIT A
383
Annual Action Plan
2023
27 AP-38 Project Summary
Project Summary Information
1 Project Name Section 108 Loan Repayment-Tri-Valley Haven for Women- Emergency Shelter Rebuild
Target Area City-wide
Goals Supported Public Facilities
Needs Addressed Community Development
Supportive Housing
Funding CDBG: $83,355
Description Funds will be used to pay principal and interest installments on loan used for construction on Tri-Valley Haven’s Emergency Shelter rebuild project, as well as any financing fees for the issuance of the loan.

Target Date 6/30/2025
Estimate the number and type of
families that will benefit from the
proposed activities
Tri-Valley Haven anticipates serving 100 low-income Livermore individuals per year once the project is completed.

Location Description Confidential Location
Planned Activities Planned repayment of Section 108 loan principal, interest, and financing fees.

EXHIBIT A
384
Annual Action Plan
2023
28 2 Project Name Abode-Tenant Based Rental Assistance (TBRA) Target Area City-wide
Goals Supported Rental Assistance
Needs Addressed Housing
Homeless
Funding CDBG: $37,210
Description Abode-Tenant Based Rental Assistance (TBRA) Case Management Target Date 6/30/2025
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 City-wide
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.

EXHIBIT A
385
Annual Action Plan
2023
29 3 Project Name Tri-Valley Haven for Women - Tenant Based Rental Assistance Target Area City-wide
Goals Supported Rental Assistance
Needs Addressed Housing
Funding CDBG: $59,322
Description Assist clients of domestic violence with case management and tenant rental assistance for housing to promote self-sufficiency.

Target Date 6/30/2025
Estimate the number and type of
families that will benefit from the
proposed activities
It is estimated that 14 Livermore domestic violence survivors and families will benefit from the proposed activities.

Location Description City-wide
Planned Activities Provide case management to domestic violence survivors receiving rental subsidies.

EXHIBIT A
386
Annual Action Plan
2023
30 4 Project Name Section 108 Loan Repayment-Axis Medical Clinic Target Area City-wide
Goals Supported Public Facilities
Needs Addressed Community Development
Funding CDBG: $27,336
Description Funds will be used to pay principal and interest installments on loan used to develop the Axis community health center.

Target Date 6/30/2025
Estimate the number and type of
families that will benefit from the
proposed activities
Not Applicable
Location Description 5925 W Las Positas Blvd, Pleasanton CA 94588 Planned Activities Planned repayment of Section 108 loan principal and interest

EXHIBIT A
387
Annual Action Plan
2023
31 5 Project Name Section 108 Loan Repayment - Hagemann Farm Target Area City-wide
Goals Supported Public Facilities
Needs Addressed Community Development
Funding CDBG: $85,940
Description Funds will be used to pay principal and interest installments on loan used to acquire Hagemann Farm.

Target Date 6/30/2025
Estimate the number and type of
families that will benefit from the
proposed activities
Not Applicable
Location Description 455 Olivina Ave, Livermore, CA 94551 Planned Activities Planned repayment of Section 108 loan principal and interest

EXHIBIT A
388
Annual Action Plan
2023
32 6 Project Name Spectrum Community Services - Meals on Wheels Target Area City-wide
Goals Supported Public Services
Needs Addressed Community Development
Funding CDBG: $35,730
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 6/30/2025
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.

EXHIBIT A
389
Annual Action Plan
2023
33 7 Project Name Open Heart Kitchen- Livermore Senior Meal Program Target Area City-wide
Goals Supported Public Services
Needs Addressed Community Development
Funding CDBG: $25,000
Description Open Heart Kitchen serve nutritious prepared meals to seniors in Livermore.

Target Date 6/30/2025
Estimate the number and type of
families that will benefit from the
proposed activities
It is estimated that 300 Senior residents will benefit from the proposed activities.

Location Description 4444 East Avenue, Livermore CA 94550 Planned Activities Deliver nutritious meals to Seniors at the Robert Livermore Community Center in Livermore

EXHIBIT A
390
Annual Action Plan
2023
34 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: $80,972
Description Administration: Support and expand community services.

Target Date 6/30/2025
Estimate the number and type of
families that will benefit from the
proposed activities
Not Applicable
Location Description City-wide
Planned Activities Administration: Support and expand community services.

EXHIBIT A
391
Annual Action Plan
2023
35 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 2024 Eastern Alameda County Human Services Needs Assessment Report and Livermore’s most recent community needs workshops,

EXHIBIT A
392
Annual Action Plan
2023
36 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
393
Annual Action Plan
2023
37 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’s affordable housing impact fees are placed in the Affordable Housing Fund to cover costs related to the acquisition, construction, and permanent financing of affordable housing units. The amount of impact fees received by the City is any particular year varies in accordance with residential and commercial development activity. These funds are leveraged with other State grants, including the Local Housing Trust Fund Grant and Permanent Local Housing Allocation Grant, secured by the City of Livermore for the development 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 in-lieu fee.

Housing units produced as part of the State density bonus requirements are not subject to the City's inclusionary housing fee 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-

EXHIBIT A
394
Annual Action Plan
2023
38 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 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
395
Annual Action Plan
2023
39 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 providing several homeless and crisis stabilization programs, encampment resolution services, a mental health urgent care program, and pursuing Substance Use Disorder (SUD)inpatient and outpatient services.

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 two City-funded affordable housing projects that have been previously entitled and are in the financing stage of development that will provide a total of 270 affordable units to a range of target populations, including large families, people experiencing

EXHIBIT A
396
Annual Action Plan
2023
40 homelessness, and seniors. The City is also in negotiations with developers of market rate rental housing subject to the City’s inclusionary housing ordinance to set aside units for very low to moderate income households in various areas of the City.

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 Housing and Human Services Grant 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

EXHIBIT A
397
Annual Action Plan
2023
41 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 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
398
Annual Action Plan
2023
42 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. 95%

EXHIBIT A
399

CERTIFICATIONS
In accordance with the applicable statutes and the regulations governing the consolidated plan regulations, the jurisdiction certifies that:

Affirmatively Further Fair Housing --The jurisdiction will affirmatively further fair housing.

Uniform Relocation Act and Anti-displacement and Relocation Plan -- It will comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, (42 U.S.C. 4601-4655) and implementing regulations at 49 CFR Part 24. It has in effect and is following a residential anti-displacement and relocation assistance plan required under 24 CFR Part 42 in connection with any activity assisted with funding under the Community Development Block Grant or HOME programs.

Anti-Lobbying --To the best of the jurisdiction's knowledge and belief:

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person fo r
inf
luencing or attempting to influence an officer or employee of any agency, a Member of Congress, an off
icer or employee of Congress, or an employee of a Member of Congress in connection with the award
ing of any Federal contract, the making of any Federal grant, the making of any Federal loan, the ent
ering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement;

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person fo r inf
luencing or attempting to influence an officer or employee of any agency, a Member of Congress, an off
icer or employee of Congress, or an employee of a Member of Congress in connection with this Federal
contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, "D
isclosure Form to Report Lobbying," in accordance with its instructions; and

3. It will require that the language of paragraph 1 and 2 of this anti-lobbying certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under gran
ts, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

Authority of Jurisdiction --The consolidated plan is authorized under State and local law (as applicable) and the jurisdiction possesses the legal authority to carry out the programs for which it is seeking funding, in accordance with applicable HUD regulations.

Consistency with plan --The housing activities to be undertaken with Community Development Block Grant, HOME, Emergency Solutions Grant, and Housing Opportunities for Persons With AIDS funds are consistent with the strategic plan in the jurisdiction’s consolidated plan.

Section 3 -- It will comply with section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u) and implementing regulations at 24 CFR Part 75.

Signature of Authorized Official Date
Title

EXHIBIT B
Marianna Marysheva, City Manager
400
Specific Community Development Block Grant Certifications The Entitlement Community certifies that:

Citizen Participation -- It is in full compliance and following a detailed citizen participation plan that satisfies the requirements of 24 CFR 91.105.

Community Development Plan -- Its consolidated plan identifies community development and housing needs and specifies both short-term and long-term community development objectives that that have been developed in accordance with the primary objective of the CDBG program (i.e., the development of viable urban communities, by providing decent housing and expanding economic opportunities, primarily for persons of low and moderate income) and requirements of 24 CFR Parts 91 and 570.

Following a Plan -- It is following a current consolidated plan that has been approved by HUD.

Use of Funds -- It has complied with the following criteria:

1. Maximum Feasible Priority. With respect to activities expected to be assisted with CDBG funds, it has developed its Action Plan so as to give maximum feasible priority to activities which benefit low- and moderate-income families or aid in the prevention or elimination of slums or blight. The Action Plan may also include CDBG-assisted activities which the grantee certifies are designed to meet other community development needs having particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community, and other financial resources are not available (see Optional CDBG Certification).

2. Overall Benefit. The aggregate use of CDBG funds, including Section 108 guaranteed loans, during program year(s) _________________________[a period specified by the grantee of one, two, or three specific consecutive program years], shall principally benefit persons of low and moderate income in a manner that ensures that at least 70 percent of the amount is expended for activities that benefit such persons during the designated period.

3. Special Assessments. It will not attempt to recover any capital costs of public improvements assisted with CDBG funds, including Section 108 loan guaranteed funds, by assessing any amount against properties owned and occupied by persons of low and moderate income, including any fee charged or assessment made as a condition of obtaining access to such public improvements.

However, if CDBG funds are used to pay the proportion of a fee or assessment that relates to the capital costs of public improvements (assisted in part with CDBG funds) financed from other revenue sources, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds.

In addition, in the case of properties owned and occupied by moderate-income (not low-income) families, an assessment or charge may be made against the property for public improvements financed by a source other than CDBG funds if the jurisdiction certifies that it lacks CDBG funds to cover the assessment.

Excessive Force -- It has adopted and is enforcing:

1. A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and

2. A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within its jurisdiction.

EXHIBIT B
FY 2024-25
401
Compliance with Anti-discrimination laws -- The grant will be conducted and administered in conformity with title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d) and the Fair Housing Act (42 U.S.C. 3601-3619) and implementing regulations.

Lead-Based Paint -- Its activities concerning lead-based paint will comply with the requirements of 24 CFR Part 35, Subparts A, B, J, K and R.

Compliance with Laws -- It will comply with applicable laws.

Signature of Authorized Official
Date
Title

EXHIBIT B
Marianna Marysheva, City Manager
402
OPTIONAL Community Development Block Grant Certification Submit the following certification only when one or more of the activities in the action plan are designed to meet other community development needs having particular urgency as specified in 24 CFR 570.208(c):

The grantee hereby certifies that the Annual Plan includes one or more specifically identified CDBG- assisted activities which are designed to meet other community development needs having particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community and other financial resources are not available to meet such needs.

Signature of Authorized Official
Date
Title

EXHIBIT B
Marianna Marysheva, City Manager
403
Specific HOME Certifications
The HOME participating jurisdiction certifies that:

Tenant Based Rental Assistance -- If it plans to provide tenant-based rental assistance, the tenant-based rental assistance is an essential element of its consolidated plan.

Eligible Activities and Costs -- It is using and will use HOME funds for eligible activities and costs, as described in 24 CFR §§92.205 through 92.209 and that it is not using and will not use HOME funds for prohibited activities, as described in §92.214.

Subsidy layering -- Before committing any funds to a project, it will evaluate the project in accordance with the guidelines that it adopts for this purpose and will not invest any more HOME funds in combination with other Federal assistance than is necessary to provide affordable housing; Signature of Authorized Official
Date
Title

EXHIBIT B
Marianna Marysheva, City Manager
404

APPENDIX TO CERTIFICATIONS
INSTRUCTIONS CONCERNING LOBBYING CERTIFICATION:

Lobbying Certification
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

EXHIBIT B
405
OMB Number: 4040-0009
Expiration Date: 02/28/2025

ASSURANCES - CONSTRUCTION PROGRAMS

PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY.

Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0042), Washington, DC 20503.

Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the Awarding Agency. Further, certain Federal assistance awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified.

As the duly authorized representative of the applicant:, I certify that the applicant:

NOTE:

1. Has the legal authority to apply for Federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non-Federal share of project costs) to ensure proper planning,
management and completion of project described in
this application.

2. Will give the awarding agency, the Comptroller General of the United States and, if appropriate, the State,
the right to examine all records, books, papers, or
documents related to the assistance; and will establish a proper accounting system in accordance with
generally accepted accounting standards or agency
directives.

3. Will not dispose of, modify the use of, or change the terms of the real property title or other interest in the site and facilities without permission and instructions from the awarding agency. Will record the Federal
awarding agency directives and will include a covenant
in the title of real property acquired in whole or in part with Federal assistance funds to assure non-
discrimination during the useful life of the project.

4. Will comply with the requirements of the assistance
awarding agency with regard to the drafting, review and approval of construction plans and specifications.

5. Will provide and maintain competent and adequate
engineering supervision at the construction site to
ensure that the complete work conforms with the
approved plans and specifications and will furnish
progressive reports and such other information as may be required by the assistance awarding agency or State.

6. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency.

7. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational
conflict of interest, or personal gain.

8. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§4728-4763) relating to prescribed
standards of merit systems for programs funded
under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of
Personnel Administration (5 C.F.R. 900, Subpart F).

9. Will comply with the Lead-Based Paint Poisoning
Prevention Act (42 U.S.C. §§4801 et seq.) which
prohibits the use of lead-based paint in construction or rehabilitation of residence structures.

10. Will comply with all Federal statutes relating to non- discrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352)
which prohibits discrimination on the basis of race,
color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§1681
1683, and 1685-1686), which prohibits discrimination
on the basis of sex; (c) Section 504 of the
Rehabilitation Act of 1973, as amended (29) U.S.C.
§794), which prohibits discrimination on the basis of
handicaps; (d) the Age Discrimination Act of 1975, as
amended (42 U.S.C. §§6101-6107), which prohibits
discrimination on the basis of age; (e) the Drug Abuse
Office and Treatment Act of 1972 (P.L. 92-255), as
amended relating to nondiscrimination on the basis of
drug abuse; (f) the Comprehensive Alcohol Abuse and
Alcoholism Prevention, Treatment and Rehabilitation
Act of 1970 (P.L. 91-616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or
alcoholism; (g) §§523 and 527 of the Public Health
Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee
3), as amended, relating to confidentiality of alcohol
and drug abuse patient records; (h) Title VIII of the
Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale,
rental or financing of housing; (i) any other
nondiscrimination provisions in the specific statue(s)
under which application for Federal assistance is being made; and (j) the requirements of any other
nondiscrimination statue(s) which may apply to the
application.

Previous Edition Usable Authorized for Local Reproduction Standard Form 424D (Rev. 7-97) Prescribed by OMB Circular A-102

EXHIBIT B
406

11. Will comply, or has already complied, with the
requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is
acquired as a result of Federal and federally-assisted
programs. These requirements apply to all interests in real property acquired for project purposes regardless of
Federal participation in purchases.

12. Will comply with the provisions of the Hatch Act (5 U.S.C. §§1501-1508 and 7324-7328) which limit the political
activities of employees whose principal employment
activities are funded in whole or in part with Federal funds.

13. Will comply, as applicable, with the provisions of the Davis- Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act (40 U.S.C. §276c and 18 U.S.C. §874), and the Contract
Work Hours and Safety Standards Act (40 U.S.C. §§327-
333) regarding labor standards for federally-assisted
construction subagreements.

14. Will comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more.

15. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-
190) and Executive Order (EO) 11514; (b) notification
of violating facilities pursuant to EO 11738; (c)
protection of wetlands pursuant to EO 11990; (d)
evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency
with the approved State management program
developed under the Coastal Zone Management Act of
1972 (16 U.S.C. §§1451 et seq.); (f) conformity of
Federal actions to State (Clean Air) implementation
Plans under Section 176(c) of the Clean Air Act of
1955, as amended (42 U.S.C. §§7401 et seq.); (g)
protection of underground sources of drinking water
under the Safe Drinking Water Act of 1974, as
amended (P.L. 93-523); and, (h) protection of
endangered species under the Endangered Species
Act of 1973, as amended (P.L. 93-205).

16. Will comply with the Wild and Scenic Rivers Act of
1968 (16 U.S.C. §§1271 et seq.) related to protecting
components or potential components of the national
wild and scenic rivers system.

17. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation
Act of 1966, as amended (16 U.S.C. §470), EO 11593
(identification and protection of historic properties), and the Archaeological and Historic Preservation Act of
1974 (16 U.S.C. §§469a-1 et seq).

18. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit
Act Amendments of 1996 and OMB Circular No. A-133,
"Audits of States, Local Governments, and Non-Profit
Organizations."

19. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, and policies governing this program.

SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE
SF-424D (Rev. 7-97) Back

APPLICANT ORGANIZATION DATE SUBMITTED
City Manager
City of Livermore

20. Will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S.C. 7104) which prohibits grant award
recipients or a sub-recipient from (1) Engaging in severe forms of trafficking in persons during the period of time that the award is in effect (2) Procuring a commercial
sex act during the period of time that the award is in
effect or (3) Using forced labor in the performance of the award or subawards under the award.

EXHIBIT B
407
OMB Number: 4040-0004
Expiration Date: 11/30/2025
* 1. Type of Submission: * 2. Type of Application:
* 3. Date Received: 4. Applicant Identifier:
5a. Federal Entity Identifier:
5b. Federal Award Identifier:

6. Date Received by State: 7. State Application Identifier:
* a. Legal Name:
* b. Employer/Taxpayer Identification Number (EIN/TIN): * c. UEI:
* Street1:

Street2:
* City:

County/Parish:
* State:

Province:
* Country:
* Zip / Postal Code:

Department Name:

Division Name:

Prefix: * First Name:

Middle Name:
* Last Name:

Suffix:

Title:

Organizational Affiliation:
* Telephone Number:

Fax Number:
* Email:
* If Revision, select appropriate letter(s):
* Other (Specify):

State Use Only:

8. APPLICANT INFORMATION:
d. Address:
e. Organizational Unit:
f. Name and contact information of person to be contacted on matters involving this application:

Application for Federal Assistance SF-424
Preapplication
Application
Changed/Corrected Application
New
Continuation
Revision
04/15/2024
B-24-MC-06-0041
City of Livermore
94-6000359 KGBMZK3CQF36
1052 South Livermore Ave
Livermore
CA: California
USA: UNITED STATES
94550-4899
Community Development Dept Housing and Human Services
Mr. Josh
Thurman
Human Services Program Manager
925-960-4592
[email protected]

EXHIBIT B
408
* 9. Type of Applicant 1: Select Applicant Type:

Type of Applicant 2: Select Applicant Type:

Type of Applicant 3: Select Applicant Type:
* Other (specify):
* 10. Name of Federal Agency:

11. Catalog of Federal Domestic Assistance Number:

CFDA Title:
* 12. Funding Opportunity Number:
* Title:

13. Competition Identification Number:

Title:

14. Areas Affected by Project (Cities, Counties, States, etc.):
* 15. Descriptive Title of Applicant's Project:

Attach supporting documents as specified in agency instructions.

Application for Federal Assistance SF-424
C: City or Township Government
US Department of Housing and Urban Development
14-218
Community Development Block Grants/Entitlement Grants
2024
Community Development Block Grant Entitlement
City of Livermore, CA
Community Development Block Grant Entitlement
FY 2024-25
View AttachmentsDelete AttachmentsAdd Attachments
View AttachmentDelete AttachmentAdd Attachment

EXHIBIT B
409
* a. Federal
* b. Applicant
* c. State
* d. Local
* e. Other
* f. Program Income
* g. TOTAL
.

Prefix: * First Name:

Middle Name:
* Last Name:

Suffix:
* Title:
* Telephone Number:
* Email:

Fax Number:
* Signature of Authorized Representative: * Date Signed:

18. Estimated Funding ($):

21. *By signing this application, I certify (1) to the statements contained in the list of certifications** and (2) that the st atements herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances** and agree to comply with any resulting terms if I accept an award. I am aware that any false, fictitious, or fraudulent statements or claims may subject me to criminal, civil, or administrative penalties. (U.S. Code, Title 18, Section 1001) ** The list of certifications and assurances, or an internet site where you may obtain this list, is contained in the announcem ent or agency specific instructions.

Authorized Representative:

Application for Federal Assistance SF-424
* a. Applicant
Attach an additional list of Program/Project Congressional Districts if needed. * b. Program/Project
* a. Start Date: * b. End Date:

16. Congressional Districts Of:

17. Proposed Project:
14 14
Add Attachment Delete Attachment View Attachment
07/01/2024 06/30/2025
404,865.00

0.00 0.00

0.00 404,865.00
a. This application was made available to the State under the Executive Order 12372 Process for review on b. Program is subject to E.O. 12372 but has not been selected by the State for review. c. Program is not covered by E.O. 12372.

Yes No
Add Attachment Delete Attachment View Attachment
** I AGREE
Marianna
Marysheva
City Manager
925-960-4040
[email protected]
* 20. Is the Applicant Delinquent On Any Federal Debt? (If "Yes," provide explanation in attachment.) * 19. Is Application Subject to Review By State Under Executive Order 12372 Process? If "Yes", provide explanation and attach

EXHIBIT B
410

Certifications to Accompany HUD Section 108 Loan Guarantee Program Applications for Entitlement Public Entities
Instructions for Use
Entitlement public entities, which are metropolitan cities or an urban counties receiving a Community Development Block Grant (as defined in 24 CFR 570.701), can use the certifications in this form as well as the attached form containing certifications regarding lobbying when submitting an application for Section 108 Loan Guarantee Program assistance.

The Section 108 Loan Guarantee Program is authorized by Section 108 of the Housing and Community Development Act of 1974, as amended, 42 USC §5308. The program’s authorizing statute and governing regulations at 24 CFR part 570, subpart M, and in particular 24 CFR 570.704(b), require applications for loan guarantee assistance submitted by these entities to be accompanied by certain certifications.

States or non-entitlement entities should not use this form, as there are different requirements for these entities when submitting an application. For more information on the requirements for States and non -entitlements, please email [email protected].

HUD will normally accept the certifications submitted with the application ; however, HUD may consider relevant information which challenges the certifications and require additional information or assurances from the public entity as warranted by such information.

February 2020

EXHIBIT C
411

Certifications to Accompany HUD Section 108 Loan Guarantee Program Applications for Entitlement Public Entities

ENTITLEMENT PUBLIC ENTITY CERTIFICATIONS
In accordance with the applicable statutes and the regulations governing Section 108 application submission requirements, the undersigned certifies, on behalf of the entitlement public entity and to the best of his or her knowledge and belief, that:

1. It possesses the legal authority to make the pledge of grants required under 24 CFR 570.705(b)(2) ;

2. It has made efforts to obtain financing for activities described in the application without the use of the loan guarantee, it will maintain documentation of such efforts for the term of the loan guarantee, and it cannot complete such financing consistent with the timely execution of the program plans without such guarantee;

3. It possesses the legal authority to submit the application for assistance under 24 CFR Part 570, Subpart M and to use the guaranteed loan funds in accordance with the requirements of Subpart M;

4. Its governing body has duly adopted or passed as an official act a resolution, motion or similar official action:
(a) Authorizing the person identified as the official representative of the public entity to submit the application and amendments thereto and all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the public entity to act in connection with the application to provide such additional information as may be required; and (b) Authorizing such official representative to execute such documents as may be required in order to implement the application and issue debt obligations pursuant thereto (provided that the authorization required by this paragraph may be given by the local governing body after submission of the application but prior to execution of the contract required by §570.705(b) );

5. Before the submission of its application to HUD, it has:
(a) furnished citizens with information required by 24 CFR 570.704(a)(2)(i) ; (b) held at least one public hearing to obtain the views of citizens on community development and housing needs;
(c) prepared its application in accordance with the citizen participation requirements and made the application available to the public;

6. It is following a detailed citizen participation plan that meets the requirements described in 570.704(a)(2);

7. It will affirmatively further fair housing, and the guaranteed loan funds will be administered in compliance with:
(a) Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.); and (b) The Fair Housing Act (42 U.S.C. 3601-3619);

8. In the aggregate, at least 70 percent of all CDBG funds, as defined at §570.3, to be expended during the one, two, or three consecutive years specified by the public entity for its CDBG program will be for February 2020

EXHIBIT C
412

_________________________________________
_________________________________________ __________________________ _________________________________________
Certifications to Accompany HUD Section 108 Loan Guarantee Program Applications for Entitlement Public Entities
activities which benefit low- and moderate-income persons, as described in criteria at §570.208(a);

9. It will comply with the requirements governing displacement, relocation, real property acquisition, and the replacement of low- and moderate-income housing described in §570.606;

10. It will comply with the requirements of 24 CFR 570.200(c)(2) with regard to the use of special assessments to recover the capital costs of activities assisted with guaranteed loan funds ;

11. (Where applicable, the public entity may also include the following additional certification.) It lacks sufficient resources from funds provided under this subpart or program income to allow it to comply with the provisions of 24 CFR 570.200(c)(2), and it must therefore assess properties owned and occupied by moderate income persons, to recover the non-guaranteed loan funded portion of the capital cost without paying such assessments in their behalf from guaranteed loan funds;

12. It will comply with the other provisions of title I of the Housing and Community Development Act of 1974 as amended (42 U.S.C. 5301 et seq.) and with other applicable laws. (Entitlement Public Entity)
(Signature of Authorized Official) (Date)
(Typed Name and Title of Authorized Official)
February 2020
City of Livermore
Marianna Marysheva, City Manager

EXHIBIT C
413

_________________________________________
___________________________________________
_____________________________________________
_________________________________________
Certifications to Accompany HUD Section 108 Loan Guarantee Program Applications for Entitlement Public Entities
SECTION 108 LOAN GUARANTEE PROGRAM
Certification Regarding Lobbying
Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, o r cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the a ward documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails t o file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. (Entitlement Public Entity)
(Signature of Authorized Official)
(Typed Name and Title of Authorized Official)
(Date)
February 2020
City of Livermore
Marianna Marysheva, City Manager

EXHIBIT C
414

If any funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this commitment providing for the United States to insure or guarantee a loan, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

Submission of this statement is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required statement shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. (Entitlement Public Entity)
(Signature of Authorized Official)
(Typed Name and Title of Authorized Official)
(Date)
February 2020
City of Livermore
Marianna Marysheva, City Manager

EXHIBIT C
415
PROPOSED SECTION 108 LOAN APPLICATION

CITY OF LIVERMORE, CALIFORNIA

TRI-VALLEY HAVEN FOR WOMEN EMERGENCY SHELTER REBUILD PROJECT SUM

MARY AND LOAN REQUEST
The City of Livermore, California is reques�ng a $1,200,000 Sec�on 108 guaranteed loan to ﬁnance the demoli�on and reconstruc�on of Tri-Valley Haven for Women Emergency Shelter located in Livermore, California.

The C
ity is reques�ng a twenty-year loan repayment and will repay the loan with Community Development Block Grant (CDBG) en�tlement funds. The proposed ac�vity is not expected to generate program income. The loan will be secured with CDBG en�tlement and property located at 3663 Paciﬁc Avenue in Livermore.

Pu
rsuant to 24 CFR 570.200, the City of Livermore is applying for a Sec�on 108 loan for the demoli�on, rebuilding, and expansion of a facility that will provide emergency shelter services to low-income residents of Livermore and the surrounding Tri-Valley. The expansion will increase their current shelter capacity by 50%.

PRO

JECT DESCRIPTION
Livermore, California is located 30 miles Southeast of Oakland and 40 miles East of San Francisco. Since the City’s founding in 1969, it has developed from a farming community to a residen�al and business center. The changes are due to the City’s proximity to San Francisco to the West, Silicon Valley to the Southwest, and home to two na�onal laboratories, Lawerence Livermore, and Sandia.

The d
emoli�on and rebuilding of the Emergency Shelter is necessary due to the age and condi�on of the current buildings which are unsafe for occupa�on. The shelter residents have been temporarily relocated to a safe loca�on. The expansion of the shelter will allow it to serve the current needs in the Tri-Valley more adequately.

The E
mergency Shelter is located at a conﬁden�al loca�on in Livermore, CA. Please refer to the regional vicinity map (ﬁgure 1) and the proposed site plan (Figure 2) in Atachment A.

The p
roposed project would include demoli�on of the two exis�ng buildings and three smaller shed structures, and the development of three, one-story buildings, which would serve as the new emergency shelter. Building A would consist of a 7,563-square-foot (sf) residen�al building with 14 rooms and a total of 37 beds for tenants. Indoor ameni�es within Building A would include a kitchen, shared bathrooms, living area, quiet room, laundry room, two indoor playrooms, and a dining area. Building B would be a 3,535-sf residen�al building with two apartment units. Each apartment would be able to house three to ﬁve people for a 45-bed total capacity. The proposed project would represent a 50 percent increase in capacity from the exis�ng shelter. Finally, Building C would be a 1,392-sf oﬃce building. Outdoor ameni�es would include a 5,136-sf outdoor play area located in the northeast corner of the project site, and a 7,563-sf private courtyard located between the three buildings.

De
moli�on on the exis�ng buildings in an�cipated to begin in June 2024, with construc�on to start in early Fall 2024. Construc�on is an�cipated to be completed by the end of 2025.

CKGROUND ON TRI-VALLEY HAVEN FOR WOMEN

EXHIBIT D
416
Tri-Valley Haven is registered 501(c)(3) organiza�on and was established in 1977. They have been a vital community organiza�on in Livermore and Tri-Valley area, that serves adults and children who have experienced domes�c violence, sexual assault or homelessness. The Tri-Valley Haven currently operates two shelters in Livermore that provide temporary shelter and basic needs, while connec�ng adults and children with addi�onal services as needed. The City supports the funding and opera�on of emergency housing facili�es for a variety of clients, such as families, domes�c violence vic�ms, at-risk households, and the chronically homeless.

COMMUNITY DEVLOPMENT OBJECTIVES
CDBG eligible ac�vi�es under the Sec�on 108 that apply to the project are 24 CFR 570.703(l)- Acquisi�on, construc�on, reconstruc�on or historic preserva�on, or installa�on of public facili�es (except for buildings for the general conduct of government) to the extent eligible under § 570.201(c), including public streets, sidewalks, other site improvements and public u�li�es, and remedia�on of known or suspected environmental contamina�on in conjunc�on with these ac�vi�es. Remedia�on may include project-speciﬁc environmental assessment costs not otherwise eligible under § 570.205.

The project will meet the CDBG Na�onal Objec�ve for beneﬁ�ng low-and moderate-income (LMI) persons under 24 CFR 570.208 (a)(2).

The applica�on for a Sec�on 108 guaranteed loan for this project is consistent with Livermore’s FY 2020- 2024 Consolidated Plan’s goal #3, Public Facili�es, and will be included in the FY 2024-25 Ac�on Plan.

USE OF SECTION 108 LOAN FUNDS
Sec�on 108 Loan proceeds, up to the amount up to $1,200,000, less any ﬁnancing fees for the issuance of the loan, will be used for the demoli�on and construc�on of the Emergency Shelter Rebuild as described under the Project Descrip�on. It is es�mated that Sec�on 108 ﬁnancing fee associated with the issuance of the loan will be approximately $20,000 and will also be paid by the loan proceeds.

PROJECT COST
The total cost of the project is an�cipated to be approximately $7,845,000.

PROJECT FUNDING
In the FY 2023-24 Ac�on Plan, the City of Livermore, City of Pleasanton, and Dublin/Alameda County have commited a total of $774,051 of CDBG funding toward the project. Livermore commited $283,846 of funding for the demoli�on of the buildings.

Tri-Valley Haven has secured an addi�onal $5,050,308 from a variety of sources, including Alameda County Measure A funds, addi�onal funding from the County of Alameda, Private Dona�ons, and funding from Founda�ons.

EXHIBIT D
417
The City of Livermore is reques�ng a Sec�on 108 guaranteed loan for the project, which will secure addi�onal funding for the project up to $1,200,000, less any ﬁnancing fees associated with the issuance of the loan. The Sec�on 108 guaranteed loan for the project is included in our FY 2024-25 Ac�on Plan which is currently out for Public Review.

Tri-Valley Haven has requested an addi�onal $500,000 of CDBG funding from the City of Pleasanton and County of Alameda/City of Dublin in FY 2024-25.

ENVIRONMENTAL REVIEW PROCESS
Through a Memorandum of Understanding (MOU), the City of Livermore was the lead agency and the ci�es of Pleasanton and Dublin/Alameda County are coopera�ng agency en��es in performing and comple�ng the environmental review, decision-making and ac�on responsibili�es pursuant to the Na�onal Environmental Policy Act, 24 CFR Part 58 and the related laws and authori�es listed at Sec�ons

58.5 and 58.6 of 24 CFR Part 58 for this project.

The Environmental Review was prepared in November 2023 and determined that the project would have No Signiﬁcant Impact on the environmental resources. The No�ce of Finding on No Signiﬁcant Impact and No�ce of Intent to Request Release of Funds was published on February 8, 2024, for a 30-day public review and comment period. No comments were received. The Request for Release of Funds was submited to HUD on February 27, 2024, for a 15-day review and objec�on period. The Authority to Use Grant Funds is an�cipated to be received from HUD on March 15, 2024.

ADDITIONAL INFORMATION
Ci�zens can obtain addi�onal informa�on about the proposed project by emailing [email protected], by telephone at 925-960-4 590, or in person at Livermore City Hall,
Permit Center, 1052 South Livermore Ave, Livermore, CA 94550, Monday-Thursday 9:00 am- 4:00 pm.

EXHIBIT D
418
Emergency Shelter Projec
t November 2023
Figure 1
Regional Vicinity Map

EXHIBIT D
419
Emergency Shelter Project October 2023
Figure 2
Proposed Site Plan

EXHIBIT D
420

CITY COUNCIL STAFF REPORT
ITEM NO. 6.3

DATE:

April 15, 2024
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 the abatement of weeds, rubbish, dirt, or refuse on certain described properties under the 2024 Weed Abatement Program.

RECOMMENDED ACTION

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

SUMMARY
On March 11, 2024, Council approved Resolution 2024-030, the 2024 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, 2024, the City Contractor will abate the weeds. At a public hearing this summer, staff will recommend that the City Council order that the abatement cost be a special assessment and a lien imposed on the properties requiring abatement for any outstanding invoices. 421

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 $7,524 which included administrative costs incurred by the City in accordance with Section 39577 of the Government Code. Owners can pay the City directly, all unpaid invoices are filed with the Alameda County Tax Collector as a special assessment to the tax roll.

COMMUNITY PILLAR

1: A Safe Community that Thrives

GOAL

5: Ensure effective fire suppression, prevention, emergency medical and disaster services to meet the evolving needs of our communities and other changing conditions.

ATTACHMENTS

1. Resolution

2. Exhibit A - 2024 List of Parcels & Property Owners

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 WEEDS, RUBBISH, DIRT, OR REFUSE ON
CERTAIN DESCRIBED PROPERTIES UNDER THE 2024 WEED

ABATEMENT PROGRAM
On March 11, 2024, the City Council passed and adopted Resolution No. 2024-030 declaring that conditions existed, or that seasonal and recurrent conditions exist, of growing weeds, accumulated refuse, rubbish or dirt, on private property and/or on the streets, parkways or sidewalks, adjacent to each parcel of real property the resolution described. The City Council also found such conditions to be public nuisances requiring abatement.

The date, time, and place for hearing and considering all objections to the proposed abatement of the public nuisances described in Resolution No. 2024-030 was April 15, 2024, 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. 2024-030 at least five days prior to the date set for the hearing of objections to the abatement.

The City Council has heard and considered all objections to the abatement of the public nuisances described in Resolution No. 2024-030.

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 Exhibit A, attached hereto, 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 Exhibit A, attached hereto. The abatement will consist of having the weeds, rubbish, refuse or dirt removed on all parcels that property owners have not abated by the May 31, 2024 deadline. Abatement will be performed by a service provider retained by the City of Livermore and the costs will be based on the actual work performed for each parcel.

In accordance with Section 39577 of the Government Code, administrative costs incurred by the City of Livermore will be added to the cost of the nuisance abatement.

On motion of Council Member _________________, seconded by Council Member ________________ the foregoing resolution was passed and adopted on April 15, 2024, by the following vote:
423
RESOLUTION NO. ________
AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ATTEST: APPROVED AS TO FORM:
______________________________ /s/ Molly O’Toole______________ Deborah L. Elam Molly O’Toole
Acting City Clerk Deputy City Attorney
Exhibit A – 2024 List of Parcels & Property Owners
424
Parcel Number Situs Address Owner(s)
1 097 ‐0148‐075‐00 1745 STERLING CT Julin Long and Yuchi Tsao 2 098 ‐0256‐027‐00 JUNCTION AVE MALLONI JAMES TR
3 098 ‐0275‐016‐04 3163 GARDELLA PLAZA W P CO 843‐1‐23‐3 4 098 ‐0281‐009‐00 NORTH K ST DESOUSA GIZELA P & GISELLE M TRS 5 098 ‐0281‐010‐00 NORTH K ST DESOUSA GIZELA P & GISELLE M TRS 6 098 ‐0350‐054‐00 MARYLIN AVE KREMER KENNETH A TR
7 098A‐0414‐028‐06 600 MAPLE ST/SCHOOL ST LIVERMORE VALLEY JOINT UNIFIED SCHOOL DISTRICT 8 098A‐0610‐004‐00 EAST AVE BIG RED BUDDY LP & ERLICH STEVEN J & LINDA R TRS 9 099 ‐0015‐003‐14 2251 LAS POSITAS RD LINDEN SUMMIT INVESTMENT CO Castle Management 10 099 ‐0015‐006‐02 1273 N LIVERMORE AVE TRIVALLEY MONTESSORI SCHOOL 11 099 ‐0015‐010‐03 2784 LAS POSITAS RD WALMART STORES INC 12 099 ‐0015‐028‐03 LAS POSITAS RD RUBY BEAR LP
13 099 ‐0023‐008‐00 LASSEN RD LD FUND III LIVERMORE LAND LLC 14 099 ‐0040‐008‐05 5281 SOUTHFRONT RD 300 VERNAL DR LLC 15 099 ‐0040‐010‐26 5179 PRESTON AVE P G & E CO 135‐1‐78A‐1 16 099 ‐0040‐016‐00 N MINES RD W P CO 843‐1‐23‐8
17 099 ‐0040‐018‐00 N MINES RD S P CO 872‐1‐98H‐POR 11
18 099 ‐0040‐019‐10 N MINES RD W P CO 843‐1‐23C‐POR 7
19 099 ‐0051‐003‐02 GARDELLA PLAZA SHR VENTURES LLC
20 099 ‐0056‐007‐02 1ST ST W P CO 843‐1‐23C‐POR 7
21 099 ‐0075‐002‐14 2542 PORTOLA AVE SCHERBARTH JASON & SHAWNA ETAL 22 099 ‐0075‐002‐15 HAREWOOD DR SCHERBARTH JASON & SHAWNA ETAL 23 099 ‐0075‐003‐04 PORTOLA AVE SCHERBARTH JASON A & SHAWNA L TRS & SCHERBART ETAL
24 099 ‐0075‐003‐06 PORTOLA AVE SCHERBARTH JASON A & SHAWNA L TRS & SCHERBART ETAL
25 099 ‐0075‐007‐04 EDINBURGH DR EDINBURGH FORTUNES LLC 26 099 ‐0100‐005‐00 1240 N LIVERMORE AVE ART MONUMENT CO INC 27 099 ‐0100‐018‐30 1202 PORTOLA KENT E G & BEVERLY C TRS 28 099 ‐0100‐030‐02 1700 PASEO LAGUNA SECO AUTUMN SPRINGS RE INVESTORS LP 29 099 ‐0100‐030‐08 PASEO LAGUNA SECO FALLON ENTERPRISES INC 30 099 ‐0100‐031‐00 PORTOLA AVE (PASEO LAGUNA SECO) ALAMEDA COUNTY FLOOD CONTROL 31 099 ‐0100‐032‐00 PORTOLA AVE MCRAE JOHN S
32 099 ‐0100‐037‐01 2169 LAS POSITAS CT BACA DENNIS E Tr 33 099 ‐0126‐007‐00 CALLE DEL SUENO DAVIDON HOMES
34 099 ‐0400‐001‐03 1919 LOMITAS AVE PATTON ROBERT A & LOUISE K TRS 35 099 ‐0680‐002‐00 ARROYO RD & HANSEN RD SHEN JIEYONG TR 36 099 ‐0680‐004‐00 ARROYO RD & HANSEN RD SHEN JIEYONG Tr 37 099 ‐0680‐008‐00 ROCKINGHAM CT SCARLET BEAR
38 099 ‐0801‐005‐00 2301 CONCANNON BLVD LAUNCH PAD VENTURES LLC 39 099 ‐0801‐011‐00 CONCANNON BLVD MAKARAND S & NITU M SHINDE 40 099 ‐0802‐001‐00 CONCANNON BLVD MAKARAND S & NITU M SHINDE 41 099 ‐1150‐004‐06 4743 EAST AVE ASBURY METHODIST CHURCH 42 099 ‐1311‐003‐00 2463 SHEFFIELD DR WILSON WILLIAM G & JOHN MIRIAM E TRS 43 099 ‐1316‐011‐00 137 RICKENBACKER Rickenbacker Circle Associates Llc Livermore-Pleasanton Fire Department
2024 List of Parcels & Property Owners

EXHIBIT A
425
44 099 ‐1316‐033‐00 212 RICKENBACKER CIR ROBERT P & HEATHER STRONG 45 099 ‐1317‐050‐00 SPRING VALLEY CMN SPRING VALLEY ASSOCIATION IIi 46 099 ‐1321‐013‐00 2863 CHABLIS WAY SPAETH MARY L TR
47 099 ‐1325‐012‐00 4715 BENNETT DR ARROYO/LIVERMORE BUSINESS PARK LP 48 099 ‐1325‐022‐02 4536 LAS POSITAS RD TH ARROYO VISTA LLC 49 099 ‐1325‐023‐00 ARROYO VISTA TH ARROYO VISTA LLC
50 099 ‐1325‐027‐02 LAS POSITAS RD TH ARROYO VISTA LLC
51 099 ‐1325‐029‐02 LAS POSITAS RD TH ARROYO VISTA LLC
52 099 ‐1325‐030‐04 LAS POSITAS RD TH ARROYO VISTA LLC
53 099 ‐1325‐085‐00 BENNETT DR ARROYO/LIVERMORE BUSINESS PARK LP 54 099 ‐1325‐089‐00 BENNETT DR TH ARROYO VISTA LLC
55 099 ‐1326‐037‐00 LA RIBERA ST PETERSON PROPERTIES LLC 56 099 ‐1328‐154‐00 SPRINGTOWN BLVD SPRING VALLEY ASSOCIATION III 57 099 ‐1331‐012‐00 200 E AIRWAY BLVD SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT 58 099 ‐1332‐065‐00 966 WAVERLY CMN VALHALLA HOMEOWNERS ASSOCIATION 59 099 ‐1336‐097‐05 LOCH LOMAND WAY PORTOLA GLEN TOWNHOMES OWNERS ASSOCIATION 60 099 ‐1336‐109‐00 HIGHLAND ST EDINBURGH FORTUNES LLC
61 099 ‐1349‐023‐00 CONTRACTORS PL TA DAH LLC
62 099 ‐1362‐004‐00 HANSEN RD MALAKOFF NATHAN
63 099 ‐1368‐001‐00 3401 HANSEN RD CALIFORNIA WATER SERVICE COMPANY 64 099 ‐1368‐002‐00 HANSEN RD MALAKOFF NATHAN G & JENNIFER M TRS 65 099 ‐1370‐003‐00 1670 PORTOLA AVE MANCINI KAROL & RANDY 66 099A‐1500‐048‐00 2171 RESEARCH DR DPR REAL ESTATE INVESTMENTS LLC 67 099A‐1500‐074‐01 2176 RESEARCH DR LREH CALIFORNIA LLC 68 099A‐2926‐003‐00 S VASCO RD Jiang Licheng
69 099A‐2939‐002‐00 2453 COWAN WAY FRYDENDAL SUE TR
70 099B‐5050‐001‐12 908 N VASCO RD UNG CISSY S
71 099B‐5050‐006‐05 5905 NORTHFRONT RD WOOD FAMILY DEVELOPMENT LLC 72 099B‐5100‐005‐00 1080 CENTRAL AVE 1080 CENTRAL LLC
73 099B‐5304‐003‐02 1893 N VASCO RD UNITARIAN UNIVERSALIST CHURCH LIVERMORE 74 099B‐5351‐018‐11 VASCO RD ALAMEDA COUNTY FLOOD CONTROL 75 099B‐5401‐009‐00 LAUGHLIN RD LAUGHLIN KATHRYN M TR
76 099B‐5401‐010‐00 LAUGHLIN RD GARCIA TIMOTEO R & ELIZABETH N 77 099B‐5401‐011‐00 788 LAUGHLIN RD LAUGHLIN KATHRYN M TR 78 099B‐5401‐012‐00 6978 NORTHFRONT RD SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT 79 099B‐5401‐013‐01 6884 NORTHFRONT RD SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT 80 099B‐5401‐013‐03 NORTHFRONT RD SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT 81 099B‐5401‐016‐01 NORTHFRONT RD SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT 82 099B‐5401‐017‐00 6784 NORTHFRONT RD SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT 83 099B‐5401‐018‐01 NORTHFRONT RD SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT 84 099B‐5401‐019‐00 6690 NORTHFRONT RD SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT 85 099B‐5425‐003‐00 HERMAN AVE SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT 86 099B‐5425‐004‐00 801 HERMAN AVE SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT 87 099B‐5425‐005‐00 NORTHFRONT RD SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT 88 099B‐5425‐006‐00
6634 NORTHFRONT RD SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT 89 099B‐5425‐007‐00 NORTHFRONT RD SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT 90 099B‐5450‐002‐00 LAUGHLIN RD EAST BAY REGIONAL PARK DISTRICT Land Aquis. Dept 91 099B‐5450‐003‐00 1467 LAUGHLIN RD EAST BAY REGIONAL PARK DISTRICT Land Aquis. Dept 92 099B‐5700‐002‐07 151 GREENVILLE JDB PROPERTIES LLC

EXHIBIT A
426
93 099B‐5700‐003‐01 N GREENVILLE RD S P CO 872‐1‐99L‐42 94 099B‐5752‐010‐00 LONGFELLOW CT D J SMITH FAMILY PARTNERSHIP 95 099B‐5753‐003‐00 HAWTHORNE AVE 7770 HAWTHORNE LLC
96 099B‐5753‐007‐00 7589 NATIONAL DR EVANS DAN L & KATHLEEN M TRS & EVANS WAYNE ETAL 97 099B‐5753‐038‐00 751‐799 ENTERPRISE CT EVANS DAN L & KATHLEEN M TRS 98 099B‐5753‐039‐00 750‐758 ENTERPRISE CT Enterprise Court LLC 99 099B‐5753‐040‐00 704‐748 ENTERPRISE CT ENTERPRISE COURT LLC 100 099B‐5753‐045‐00 NATIONAL DR EBI DEVELOPMENT GROUP LLC 101 099B‐5753‐063‐00 7925 NATIONAL DR TOPCON POSITIONING SYSTEMS INC 102 099B‐5753‐064‐00 7979 NATIONAL DR TOPCON POSITIONING SYSTEMS INC 103 099B‐5753‐065‐00 7933 NATIONAL DR TOPCON POSITiONING SYSTEMS INC 104 099B‐5875‐029‐00 SOUTHFRONT RD P G & E CO 135‐1‐43A‐1 105 099B‐5900‐002‐09 5945 SOUTHFRONT RD SINGH JADWINDER & DHALIWAL ALKESH K TRS ETAL 106 099B‐8103‐013‐03 LAS POSITAS RD KAISER FOUNDATION HOSPITALS 107 099B‐8103‐014‐02 LAS POSITAS RD KAISER FOUNDATION HOSPITALS 108 099B‐8103‐024‐00 LEISURE ST GERGES HANY E & LIDIA
109 099B‐8103‐025‐00 LEISURE ST SANCHEZ CANDELARIO & VELVET S TRS ETAL 110 099B‐8103‐035‐00 VAUGHN AVE TAMAR REALTY LAS POSITAS LOGISTICS CENTER CA LP 111 099B‐8104‐007‐00 COMMERCE WAY WROAN DAVID S & JENNIFER B TRS 112 099B‐8104‐008‐00 COMMERCE WAY WROAN DAVID S & JENNIFER B TRS 113 099B‐8104‐009‐00 COMMERCE WAY WROAN DAVID S & JENNIFER B TRS 114 099B‐8104‐010‐00 COMMERCE WAY WROAN DAVID S & JENNIFER B TRS 115 099B‐8104‐011‐00 COMMERCE WAY WROAN DAVID S & JENNIFER B TRS 116 099B‐8110‐046‐00 SOUTHFRONT RD Livermore Medical LLC 117 099B‐8110‐062‐00 LAWRENCE DR FORMFACTOR INC
118 099B‐8110‐064‐00 LAWRENCE DR FORMFACTOR INC
119 099B‐8110‐078‐00 200 N GREENVILLE RD DIAMOND LODGING INC 120 099B‐8110‐079‐00 N GREENVILLE RD CABRE TECH SOLUTIONS INC 121 099B‐8110‐081‐00 200 S FRONT RD PPV PROPERTIES LLC ETAL 122 099B‐8117‐024‐03 LAUGHLIN RD HOM WING Y & LAI C TRS 123 099B‐8120‐053‐00 DRY CREEK CT BLUFFS IN LIVERMORE OWNERS ASSOCIATION 124 099B‐8120‐054‐00 LAKE CT BLUFFS IN LIVERMORE OWNERS ASSOCIATION 125 099B‐8126‐006‐00 631 PINNACLE GNOVEL JOHN P & SOOSUR SUSAN S 126 902 ‐0008‐001‐00 3658 LAS COLINAS RD ADVENTUS
127 902 ‐0008‐002‐02 US HWY 50 E FERRARI FAM LTD PTP & SCHMIDIG FRANK JR ETAL 128 903 ‐0010‐002‐04 COLLIER CANYON RD CHABOT LAS POSITAS COMMUNITY COLLEGE DISTRICT 129 903 ‐0010‐028‐00 PORTOLA AVE SHEA CENTER LIVERMORE LLC 130 903 ‐0010‐029‐00 PORTOLA AVE SHEA CENTER LIVERMORE LLC 131 903 ‐0010‐030‐00 PORTOLA AVE SHEA CENTER LIVERMORE LLC 132 903 ‐0010‐046‐00 PORTOLA AVE ISABEL PORTOLA OWNER LLC 133 903 ‐0010‐047‐00 PORTOLA AVE ISABEL PORTOLA OWNER LLC 134 903 ‐0010‐048‐00 PORTOLA AVE ISABEL PORTOLA OWNER LLC 135 903 ‐0010‐052‐00 PORTOLA AVE ISABEL PORTOLA OWNER LLC 136 903 ‐0010‐053‐00 PORTOLA AVE ISABEL PORTOLA OWNER LLC 137 903 ‐0010‐054‐00 PORTOLA AVE ISABEL PORTOLA OWNER LLC 138 904 ‐0004‐064‐00 NISSEN DR LIVERMORE AIRWAY BUSINESS PARK 139
904 ‐0005‐003‐30 200 E AIRWAY BLVD COUNTY ALAMEDA FLOOD CONTROL & WATER

CONSERVATION
140 904 ‐0005‐003‐33
200 E AIRWAY BLVD SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT 141 904 ‐0005‐004‐07 US HWY 50 E GANDOLFO CATHERINE ETAL

EXHIBIT A
427
142 904 ‐0012‐009‐00 625 W JACK LONDON BLVD (DISCOVERY DR )ARKAY LAND LLC 143 904 ‐0012‐010‐00 450 DISCOVERY DR ARKAY PROPERTIES LLC 144 904 ‐0012‐011‐00 DISCOVERY DR ARKAY PROPERTIES LLC
145 904 ‐0012‐012‐00 DISCOVERY DR CH DISCOVERY DRIVE LLC 146 904 ‐0012‐013‐00 DISCOVERY DR CH DISCOVERY DRIVE LLC 147 905 ‐0009‐013‐03 COLLIER CANYON MONUMENT PROPERTIES LIVERMORE LLC 148 905 ‐0010‐004‐03 TRIAD DR (OLD GLORY DR) SDLT INVESTMENTS VII LLC 149 905 ‐0010‐006‐00 TRIAD DR (OLD GLORY DR) CIVIC NORTH CANYONS PARKWAY LLC 150 905 ‐0014‐015‐00 N CANYONS PKWY LIVERMORE VALLEY JOINT UNIFIED SCHOOL DISTRICT 151 905 ‐0015‐008‐00 2768 COLLIER CANYON RD CHU YUETMING & MIRIAM L TRS 152 905 ‐0015‐018‐00 CONSTITUTION DR KMTJ INVESTMENTS LP 153 905 ‐0015‐019‐00 CONSTITUTION DR KMTJ INVESTMENTS LP 154 905 ‐0015‐026‐00 2620 COLLIER CANYON RD CORNERSTONE FELLOWSHIP OF LIVERMORE 155 905 ‐0015‐027‐00 2620 COLLIER CANYON RD CORNERSTONE FELLOWSHIP OF LIVERMORE 156 905 ‐0015‐028‐00 2620 COLLIER CANYON RD CORNERSTONE FELLOWSHIP OF LIVERMORE 157 905 ‐0015‐029‐00 2620 COLLIER CANYON RD CORNERSTONE FELLOWSHIP OF LIVERMORE 158 099 ‐0725‐212‐00 2301 BESS AVE ATWAL DEEPAKPAL & HARPARTAP 159 099 ‐1356‐006‐00 303 E VINEYARD AVE SINGH SURINDER K TR 160 098 ‐0250‐005‐00 OAK ST W P CO 843‐1‐22‐8
161 099 ‐0015‐063‐00 2301 LAS POSITAS RD VIAZON HOLDING LLC, LIVERMORE LAS POSITAS SERIES 162 099 ‐0015‐064‐00 LAS POSITAS RD VIAZON HOLDING LLC, LIVERMORE LAS POSITAS SERIES 163 099 ‐0015‐022‐02 LAS POSITAS MATTO ALLEN J & CAROL A TRS 164 099 ‐0015‐022‐03 LAS POSITAS COOK DEVIN C & AUDRA M 165 099 ‐0015‐023‐04 1309 HILLIKER ADAMS SHELLY TR
166 099 ‐0015‐024‐00 1301 HILLIKER FUKUSHIMA HIROSHI & DIANNE TRS 167 099 ‐0015‐026‐06 1365 HILLIKER FEDERICO JOHN & GINNY D 168 099 ‐0015‐028‐02 LAS POSITAS RUBY BEAR LP
169 099 ‐0015‐030‐00 1300 HILLIKER GREENE WILLIAM J & LIEN L 170 099 ‐0015‐031‐00 1250 HILLIKER RUSSELL JERRY L JR & ARENDELL LEILANI W TRS 171 099 ‐0015‐039‐00 1300 HILLIKER ZACHARIAH FAMILY HIGH BASIS L P 172 099 ‐0015‐040‐00 1302 HILLIKER MUMFORD STEVEN & SUSAN 173 099 ‐0682‐006‐00 ARROYO LEE SHIUH K & WEI SHUYIN J TRS 174 099 ‐1325‐043‐00 5002 PRESTON BAY AREA LLC
175 902 ‐0008‐011‐06 US HWY 50 E ANDERSON CALVIN B Tr
176 903 ‐0010‐049‐00 PORTOLA ISABEL PORTOLA OWNER LLC
177 099 ‐0679‐048‐00 CHURCHILL DOWNS LN SHEN JIEYONG TR 178 099B‐8129‐005‐00 Northfront Rd PENINSULA REAL ESTATE INVESTMENT LLC 179 099B‐5450‐010‐03 LAUGHLIN RD WESTERN TITLE GUARANTY CO CONTRA COSTA CO DIV 180 099 ‐1326‐042‐00 305 S VASCO RD D BRUZZONE LLC
181 099 ‐0400‐007‐28 LOMITAS AVE ROMAN CATHOLIC BISHOP OAKLAND 182
099B‐5075‐006‐10 VASCO RD COUNTY ALAMEDA FLOOD CONTROL & WATER

CONSERVATION
183 098 ‐0264‐024‐02 JUNCTION AVE WP CO 843‐1‐23‐1
184 098 ‐0260‐022‐04 N I ST W P CO 843‐1‐22‐14
185 098 ‐0290‐007‐02 N N ST W P CO 843‐1‐22‐POR‐6
186 098 ‐0290‐008‐02 N P ST WP CO 843‐1‐22‐POR‐6
187 098 ‐0290‐009‐02
VINEYARD AVE W P CO 843‐1‐22‐POR‐6
188 099B‐5752‐024‐00 6877 Brisa St BOARD OF TRUSTEE OF Lsj UNIVERSITY TR 189 099 ‐0040‐075‐00 5605 SOUTHFRONT RD MCGRATH RENTCORP 190 099 ‐0040‐076‐00 5605 SOUTHFRONT RD LI MCGRATH RENTCORP

EXHIBIT A
428
191 099 ‐0040‐078‐00 5605 SOUTHFRONT RD MCGRATH RENTCORP 192 099 ‐0040‐079‐00 5605 SOUTHFRONT RD MCGRATH RENTCORP 193 099 ‐0256‐001‐00 E STANLEY REES ANNIE
194 099 ‐0257‐001‐00 400 WALL ST LIVERMORE VALLEY JOINT UNIFIED SCHOOL DISTRICT 195 099 ‐1356‐005‐00 355 E Vineyard Ave ABBOUD FAYEZ E & RIMA F TRS 196 099 ‐1343‐033‐00 353 Kalthoff Cmn La Phong & Sai Etal 197 099 ‐1343‐024‐00 51 Vallecitos Rd MUSCO FELIX P & JOSEPHINE 198 099 ‐1343‐035‐02 342 Kalthoff Cmn DANGTRAN JOSEPH V & PHUONGUYEN N TRS 199 099 ‐1343‐019‐00 763 Kalthoff Cmn LIN ALAN Z & XING SUSAN S TRS 200 099 ‐1343‐030‐00 320 Kalthoff Cmn Livermore Crest LLC 201 099 ‐1361‐006‐00 567 E Vineyard Ave HLW LLC
202 099 ‐1356‐007‐00 221 E Vineyard Ave XU YINGMIN & CHEN JIE 203 904 ‐0004‐004‐02 US HWY 50 W SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT 204 904 ‐0004‐004‐03 US HWY 50 W SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT 205 097 ‐0022‐001‐00 1783 2nd St MITOMA PROPERTIES LLC
206 099A‐2902‐010‐00 5054 ERICA WAY BENNETT LEON R
207 099A‐2902‐013‐00 372 ERICA CT REPPAS JULIE V & STEVEN D 208 099A‐2902‐014‐00 360 ERICA CT HOWARD NICHOLAS L & JUNKO 209 098 ‐0227‐003‐00 Walnut St Curtis Foote
210 099 ‐1311‐035‐07 2395 Lennox Ln CORNERSTONE REALTY FINANCE & INVESTMENTS CORP 211 099 ‐1366‐004‐00 Cellars Drive LAGISS TERESA A & SAUER CHRYSANNE TRS 212 099 ‐1367‐004‐00 Lagiss Drive LAGISS TERESA A & SAUER CHRYSANNE TRS 213 099 ‐1367‐005‐00 Lagiss Drive LAGISS TERESA A & SAUER CHRYSANNE TRS 214 099 ‐0751‐012‐08 2111 Pleasant View Ln BURY DOUGLAS W & SHARI G TRS 215 903 ‐0014‐004‐00 PORTOLA AVE SHEA HOMES INC
216 903 ‐0014‐005‐00 PORTOLA AVE SHEA HOMES INC
217 903 ‐0014‐006‐00 PORTOLA AVE SHEA HOMES INC
218 903 ‐0014‐007‐00 PORTOLA AVE SHEA HOMES INC
219 903 ‐0014‐008‐00 PORTOLA AVE SHEA HOMES INC
220 098 ‐0356‐139‐00 10 N Murrieta Blvd Lexington Associates 221 098 ‐0213‐003‐05 Elm St JOHAL AMRIK & GHAG MAKHAN
222 098 ‐0213‐003‐03 732 N K ST (ELM ST) AMRIK S JOHAL
223 097 ‐0143‐056‐00 1202 Concannon Blvd. RJ GRAYSON LLC 224 904 ‐0004‐072‐00 ARMSTRONG ST LIVERMORE AIRWAY BUSINESS PARK 225 904 ‐0004‐073‐00 ARMSTRONG ST LIVERMORE AIRWAY BUSINESS PARK 226 903 ‐0010‐056‐00 PORTOLA AVE SHEA CENTER LIVERMORE LLC 227 903 ‐0010‐057‐00 PORTOLA AVE SHEA CENTER LIVERMORE LLC 228 903 ‐0010‐058‐00 PORTOLA AVE SHEA CENTER LIVERMORE LLC 229 903 ‐0010‐061‐00 PORTOLA AVE SHEA CENTER LIVERMORE LLC 230 904 ‐0012‐018‐03 875 Atlantis Ct LIVERMORE AMADOR VALLEY TRANSIT AUTHORITY 231 099 ‐1343‐011‐00 e vALLECITOS rD LIVERMORE AREA RECREATION & PARKS DISTRICT 232 099B‐5300‐010‐00 Vasco Rd ALBRIGHT SHARON L & ELK KAREN J TRS & ELK KAR ETAL 233 099A‐2936‐007‐00 2600 S Vasco Rd SCOTT RICHARD H TR 234 098 ‐0346‐021‐00 909 N L St DERONG INVESTMENT 1 LLC 235 098 ‐0346‐022‐00 909 N L St DERONG INVESTMENT 1 LLC 236 099 ‐1365‐008‐00
Holmes St ROBERT D & DEBORAH D BOSSI
237 098 ‐0298‐005‐00 659 Andrews St SABIN DON
238 099 ‐1343‐012‐00 E VALLECITOS RD KKB BRO LLC
239 099 ‐0185‐003‐00 E STANLEY BLVD W P CO

EXHIBIT A
429
240 099 ‐0175‐019‐02 E STANLEY BLVD W P CO
241 099 ‐0175‐019‐01 E STANLEY BLVD W P CO
242 099 ‐0175‐014‐02 E STANLEY BLVD W P CO
243 098 ‐0251‐009‐00 OAK ST W P CO
244 099 ‐0051‐020‐05 1ST ST W P CO
245 099 ‐0051‐020‐06 1ST ST W P CO
246 099 ‐0040‐022‐00 N MINES RD W P CO
247 099 ‐0040‐017‐04 N MINES RD W P CO 843‐1‐23A‐15
248 099 ‐0040‐017‐01 N MINES RD W P CO
249 099A‐1400‐013‐01 EAST AVE W P CO
250 099A‐1475‐008‐08 EAST AVE W P CO
251 099A‐1475‐008‐02 GREENVILLE RD W P CO
252 903 ‐0010‐037‐04 Portola Ave SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT 253 903 ‐0010‐036‐03 Portola Ave SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT 254 099 ‐1343‐034‐04 301 Kalthoff Cmn VIPANI MANISH & DAKSHA M TRS 255 099B‐8129‐009‐00 Northfront Rd PENINSULA REAL ESTATE INVESTMENT LLC * Ownership change – New owner notified via mail

EXHIBIT A
430

CITY COUNCIL STAFF REPORT
ITEM NO. 7.1

DATE:

April 15, 2024
TO:

Honorable Mayor and City Council
FROM:

Tina Olson, Administrative Services Director
SUBJECT:

Resolution adopting 180-day wait period exception to hire retired annuitant, Stephen Stewart, former Assistant Community Development Director, in accordance with Government Code section 7522.56 of the Public Employees' Retirement Law.

RECOMMENDED ACTION

Staff recommends that the City Council adopt a resolution approving the hiring of retired annuitant, Stephen Stewart, former Assistant Community Development Director, in accordance with Government Code section 7522.56 of the Public Employees' Retirement Law.

SUMMARY
A California Public Employees Retirement System (CalPERS) retiree who returns to employment with a CalPERS agency is referred to as a "retired annuitant." CalPERS requires that retirees serve a 180-day waiting period between their retirement date and their first day of post-retirement employment.

Government Code 7522.56 permits an agency to waive the 180-day waiting period in instances where the retired annuitant is needed to perform work of a limited duration, work on special projects, or to perform work due to work exceeding staff capacity. Stephen Stewart retired as the Assistant Community Development Director on December 29, 2023. As the Assistant Community Development Director, Mr.

Stewart also acted as the Division Manager over the Planning Division and the City is preparing to recruit for a new Planning Manager. Hiring Mr. Stewart back as a retired annuitant will provide operational support as well as allow for a cohesive transition for the new Planning Manager.

DISCUSSION
In accordance with Government Code section 7522.56 and to ensure continuity of operations, staff recommends that City Council adopt a resolution approving the hiring of retired annuitant, Stephen Stewart as a Special Projects Coordinator absent a 180-day waiting period. The Planning Division currently has multiple high level, complex land use projects in progress. Due to current staffing and employee workloads, additional support is needed to move the projects forward. As the Assistant Community Development Director and manager over the Planning Division, Mr. Stewart has the experience, familiarity, and the skill to work on these complex projects with little to no training whereas if 431
the City were to hire a consultant or other temporary staff, it would take additional staff time to bring them up to speed. As the City prepares to recruit for a new Planning Manager, Mr. Stewart will help mitigate any service disruptions and allow for continuity of critical operations. Further, when a new Planning Manager is identified, having Mr. Stewart as a retired annuitant will allow for training and knowledge transfer to the new Planning Manager. Given the volume of high level, complex projects, that the Planning Division currently has, Mr. Stewart will provide the Division up to an additional 960 hours of operating support as he knows Livermore's processes, systems, and challenges.

The retiree did not receive any retirement related incentive, such as a "golden handshake" or any other incentive to retire. CalPERS rules dictate that compensation paid to retirees cannot be less than the minimum nor exceed the maximum monthly base salary paid to other employees performing comparable duties.

FISCAL AND ADMINISTRATIVE IMPACTS

The Special Projects Coordinator is not a "regular staff position" and there will be no net increase in headcount to make the temporary hire noted above. Retired annuitants are not entitled to any city employment benefits or property rights associated with regular employment. Therefore, the cost of hire is limited to salary only. The fiscal impact to make the temporary hire noted above is approximately $96,000 that will be funded through savings generated by vacant positions in the Planning Division.

COMMUNITY PILLAR

5: A City That Works

GOAL

8: Attract, develop, engage, and retain a diverse and highly skilled workforce across the organization.

ATTACHMENTS

1. Resolution

2. Exhibit A - Offer Letter with Enclosures

Prepared by: Kristen Hilton
Acting Human Resource Manager

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA A RESOLUTION ADOPTING 180-DAY WAIT PERIOD EXCEPTION TO

HIRE A RETIREE IN ACCORDANCE WITH GOVERNMENT CODE
SECTIONS 7522.56 AND 21224
WHEREAS, in compliance with Government (Gov.) Code section 7522.56 of the Public Employees’ Retirement Law, the City Council for the City of Livermore must provide CalPERS this certification resolution when hiring a retiree before 180 days has passed since their retirement date; and
WHEREAS, Stephen Stewart retired from the City of Livermore (“City”) in the position of Assistant Community Development Director, effective December 29, 2023; and
WHEREAS, Gov. Code section 7522.56 requires that post-retirement employment commence no earlier than 180 days after the retirement date, which is June 27, 2024 without this certification resolution; and WHEREAS, Gov. Code section 7522.56 provides that this exception to the 180- day wait period shall not apply if the retiree accepts any retirement-related incentive; and
WHEREAS, the City Council, the City of Livermore, and Stephen Stewart, certify that Stephen Stewart has not and will not receive a Golden Handshake or any other retirement-related incentive; and
WHEREAS, the City Council for the City of Livermore hereby appoints Stephen Stewart as an extra help retired annuitant to perform the duties of a Special Projects Coordinator for the City of Livermore under Gov. Code section 21224, effective April 22, 2024; and
WHEREAS, the entire employment agreement, contract or appointment document between Stephen Stewart and the City of Livermore has been reviewed by this body and is attached herein; and
WHEREAS, no matters, issues, terms or conditions related to this employment and appointment have been or will be placed on a consent calendar; and WHEREAS, the employment shall be limited to 960 hours per fiscal year for all CalPERS employers; and
WHEREAS, the compensation paid to retirees cannot be less than the minimum nor exceed the maximum monthly base salary paid to other employees performing comparable duties, divided by 173.333 to equal the hourly rate; and 433
RESOLUTION NO. ________
WHEREAS, the maximum base salary for this position is $17,619.14 and the hourly equivalent is $101.65, and the minimum base salary for this position is $14,095.31 and the hourly equivalent is $81.32; and
WHEREAS, the hourly rate paid to Stephen Stewart will be $100.00; and WHEREAS, Stephen Stewart has not and will not receive any other benefit, incentive, compensation, in lieu of benefit or other form of compensation in addition to this hourly pay rate; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that it hereby certifies the nature of the appointment of Stephen Stewart as described herein and detailed in the appointment document, attached hereto as Exhibit A, and that this appointment is necessary to fill the critically needed position of Special Projects Coordinator for the City of Livermore by April 22, 2024 because due to current staffing and employee workloads in the Planning Division, additional support is needed to move the projects forward. Stephen Stewart has the experience, familiarity, and the skill to work on these complex projects. As the City prepares to recruit for a new Planning Manager, Stephen Stewart will help mitigate any service disruptions, allow for continuity of critical operations, and will assist with training and knowledge transfer to the new Planning Manager.

On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on April 15, 2024, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Jason R. Alcala
Deborah L. Elam Jason R. Alcala
Acting City Clerk City Attorney
Exhibit A – Conditional Offer Letter (personal information redacted for publication) 434
[Date to be inserted after the resolution approving the certification is adopted] Steve Stewart
XXXX [Home address redacted from publication]
XXXX
Dear Steve:

We are pleased to inform you that the City of Livermore is extending an offer of employment to you as a temporary employee in the Planning Division of the Community Development Department. Your job title will be Special Projects Coordinator. Your first day of employment will be [date to be interested]. Continued temporary employment is contingent upon the successful completion of the City’s backgrounding process, which includes Livescan fingerprinting and a DMV report. A Human Resources representative will contact you to provide information on scheduling your Livescan fingerprinting appointment.

In accepting this temporary position, you will be paid at the rate of $100.00 per hour and will be subject to changes in your work shift, schedule, or location as the need of the City may require. Your temporary employment is for up to 29 hours per week not to exceed 960 hours in a fiscal year.

Temporary employees are not eligible for benefits and are at-will employees. As per the City of Livermore Personnel Rules & Regulations, at-will employees are defined as an employee who does not have a legal right to continued employment with the City and who therefore may be disciplined or discharged with or without cause and without the right of appeal. All City of Livermore regular job openings are posted on our website: https://www.governmentjobs.com/careers/livermoreca. Interested candidates are encouraged to review the site regularly as new jobs are frequently posted.

Please confirm your acceptance of our job offer by signing this letter and bringing it to the Human Resources Division on your first day of work.

The Federal Immigration Act requires that you provide us with proof of citizenship or authorization to work in the United States. You are required to provide us with this proof within three days of your hire date. Enclosed is a list of acceptable documents for proof of identity and legal ability to work in the United States. You will need to bring these document(s) to Human Resources on the day you begin your employment with the City, and no later than 72 hours after reporting to work at your jobsite.

EXHIBIT A
435

Page 2 of 2 ends

https://cilivermorecaus-my.sharepoint.com/personal/klhilton_livermoreca_gov/Documents/H Drive/Staff Reports/Retired Annuitant - Steve Stewart/Exhibit A - Offer Letter.docx We welcome you back and wish you every success in your employment with the City of Livermore.

Please contact us if you have any additional questions at (925) 960-4100.

Sincerely,
Tina Olson
Administrative Services Director
__________________________ _______________________
Employee’s Signature Date
Enclosures

1. I-9 Lists of Acceptable Documents

2. Special Projects Coordinator Job Specification

3. Unclassified and Hourly Salary Schedule

EXHIBIT A
436

LISTS OF ACCEPTABLE DOCUMENTS
All documents containing an expiration date must be unexpired. * Documents extended by the issuing authority are considered unexpired.

Employees may present one selection from List A or a
combination of one selection from List B and one selection from List C.

Examples of many of these documents appear in the Handbook for Employers (M-274).

LIST A
Documents that Establish Both Identity
and Employment Authorization OR
LIST B
Documents that Establish Identity
LIST C
Documents that Establish Employment
Authorization AND

1. U.S. Passport or U.S. Passport Card 1. Driver's license or ID card issued by a State or outlying possession of the United States
provided it contains a photograph or
information such as name, date of birth,
gender, height, eye color, and address

1. A Social Security Account Number card,
unless the card includes one of the following
restrictions:
(1) NOT VALID FOR EMPLOYMENT
(2) VALID FOR WORK ONLY WITH

INS AUTHORIZATION
(3) VALID FOR WORK ONLY WITH

DHS AUTHORIZATION

2. Permanent Resident Card or Alien
Registration Receipt Card (Form I-551)

3. Foreign passport that contains a
temporary I-551 stamp or temporary
I-551 printed notation on a machine-
readable immigrant visa

2. ID card issued by federal, state or local
government agencies or entities, provided it
contains a photograph or information such as
name, date of birth, gender, height, eye color,
and address4. Employment Authorization Document
that contains a photograph (Form I-766) 2. Certification of report of birth issued by the Department of State (Forms DS-1350,
FS-545, FS-240)

3. School ID card with a photograph

5. For an individual temporarily authorized
to work for a specific employer because
of his or her status or parole:
a. Foreign passport; and
b. Form I-94 or Form I-94A that has
the following:
(1) The same name as the
passport; and
(2) An endorsement of the
individual's status or parole as
long as that period of
endorsement has not yet
expired and the proposed
employment is not in conflict
with any restrictions or
limitations identified on the form.

4. Voter's registration card 3. Original or certified copy of birth certificate issued by a State, county, municipal
authority, or territory of the United States
bearing an official seal

5. U.S. Military card or draft record

6. Military dependent's ID card

4. Native American tribal document7. U.S. Coast Guard Merchant Mariner Card

5. U.S. Citizen ID Card (Form I-197)8. Native American tribal document

6. Identification Card for Use of Resident
Citizen in the United States (Form I-179)9. Driver's license issued by a Canadian government authority

7. Employment authorization document
issued by the Department of Homeland
Security
For examples, see Section 7 and
Section 13 of the M-274 on
uscis.gov/i-9-central.

The Form I-766, Employment
Authorization Document, is a List A, Item
Number 4. document, not a List C
document.

For persons under age 18 who are
unable to present a document
listed above:

10. School record or report card

6. Passport from the Federated States of
Micronesia (FSM) or the Republic of the
Marshall Islands (RMI) with Form I-94 or
Form I-94A indicating nonimmigrant
admission under the Compact of Free
Association Between the United States
and the FSM or RMI

11. Clinic, doctor, or hospital record

12. Day-care or nursery school record
Acceptable Receipts
May be presented in lieu of a document listed above for a temporary period.

For receipt validity dates, see the M-274.
● Receipt for a replacement of a lost,
stolen, or damaged List A document.
● Form I-94 issued to a lawful
permanent resident that contains an
I-551 stamp and a photograph of the
individual.
● Form I-94 with “RE” notation or
refugee stamp issued to a refugee.

OR Receipt for a replacement of a lost, stolen, or
damaged List B document.

Receipt for a replacement of a lost, stolen, or
damaged List C document.
*Refer to the Employment Authorization Extensions page on I-9 Central for more information.

Form I-9 Edition 08/01/23 Page 2 of 4
EXHIBIT A437

SPECIAL PROJECTS COORDINATOR
D

EFINITION
Thi
s is a temporary classification used for temporary employees who are hired to perform project/program support functions requiring specialized knowledge, skills, and abilities. This classification may not be used for ongoing or repetitive use. Duties will vary widely based on the needs of the department, division, or section.

STINGUISHING CHARACTERISTICS
Thi
s is a temporary, part-time, at-will position working less than 1,000 hours per fiscal year.

Temporary employment does not include benefits.

UPERVISION AND TRAINING RECEIVED
R
eceives direct supervision and direction from assigned supervisory or management staff.

SUPERVISION EXERCISED
N
one.

XAMPLES OF IMPORTANT AND ESSENTIAL FUNCTIONS
The following list is designed to be a sample of the required essential functions:
• C
ompletes special projects requiring specialized skills and knowledge. • Prepares reports, memos, and records.
• Gathers records, and/or analyzes data.
• May make oral presentations.
• Interfaces orally and in writing with members of the public, and City employees. • Provides information and assistance to the public.
• Maintains files and records.
• Operates program related equipment.
• Operates general office equipment including word processing, spreadsheet, data base, and other computer applications.
• Performs related work as required.

O
THER
E
ffectively applies the required knowledge and skills in the daily performance of assigned duties including but not limited to; reads, comprehends, and interprets a variety of City written materials including policies, codes, ordinances, and regulations. Must successfully complete a full background investigation as a condition of employment. May require possession of a valid California Class C Driver’s License and a satisfactory driving record as determined by the City.

EXHIBIT A
438

CITY OF LIVERMORE

UNCLASSIFIEDAND HOURLY SALARY SCHEDULE
Class
Code Classification Salary Range Effective Date
210 Department Assistant $ 16.00 - $26.00 Hourly 01/01/24 438 Field/Maintenance Aide $ 16.00 - $26.00 Hourly 01/01/24 240 Law Clerk $ 16.00 - $26.00 Hourly 01/01/24
915 Temporary Librarian $ 22.00 - $32.00 Hourly 01/01/24 916 Temporary Library Assistant $ 20.00 - $30.00 Hourly 01/01/24 917 Temporary Library Clerk $ 18.00 - $28.00 Hourly 01/01/24 920 Library Aide $ 16.00 - $20.00 Hourly 01/01/24
961 Police Cadet $ 16.00 - $26.00 Hourly 01/01/24
956 Special Projects Coordinator $ 20.00 - $100.00 Hourly 12/20/21 EXHIBITADocuSign
Envelope ID: 5B9333F0- E87C- 42A2- B9AE- 39AB9CF5B5DF
439

CITY COUNCIL STAFF REPORT
ITEM NO. 10.1

DATE:

April 15, 2024
TO:

Honorable Mayor and City Council
FROM:

Marianna Marysheva, City Manager
SUBJECT:

Supplemental materials received prior to the meeting.

RECOMMENDED ACTION

SUMMARY
These materials were posted online and made available to the public at the same time that they were distributed to the City Council.

6.1 Hearing to modify participation in the Statewide Community Infrastructure Program (SCIP) to allow for financing of impact fees and public facilities through Community Facilities Districts.

Material: PowerPoint Presentation

6.2 Hearing to consider a resolution approving the FY 2024-25 Annual Action Plan and application for a new Section 108 Guaranteed Loan; authorizing submittal to the U.S. Department of Housing and Urban Development; and authorization execution of associated documents.

Material: PowerPoint Presentation

6.3 Hearing to receive and consider protests and direct staff to proceed with field abatement work on the abatement of weeds, rubbish, dirt, or refuse on certain described properties under the 2024 Weed Abatement Program.

Material: PowerPoint Presentation

7.1 Resolution adopting 180-day wait period exception to hire retired annuitant, Stephen Stewart, former Assistant Community Development Director, in accordance with Government Code section 7522.56 of the Public Employees' Retirement Law.

Material: PowerPoint Presentations
440

8.0 Council Committee Reports and Matters Initiated by City Manager, City Attorney, Staff, and Council Members

Material: Council Reports

DISCUSSION

ATTACHMENTS

1. Supplemental Materials

Prepared by: Helena Graves
Deputy City Clerk

Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
441
1 Statewide Community Infrastructure Program
(SCIP)
April 15, 2024
Presented by Debbie Salgado, Senior Civil Engineer
Statewide Community Infrastructure Program
(SCIP)
SCIP is a statewide program that allows additional opportunities to finance development projects.
SCIP provides two programs:
‒ A pooled bond program which issues bonds 3 times/year (Spring, Fall & End of Year) ‒ A stand alone SCIP Community Facilities Dist rict (“CFD”) which issues bonds for larger projects
SCIP pools together projects from across the state and issues tax exempt bonds that can be used to finance impact fees and public infrastructure for private developments. Since, 2003, SCIP has issued over $1.06 b illion in bonds for 381 projects across California, nearly $347 million of which have been CFD bond financings. Bonds are issued by the California Statewide Co mmunities Development Authority (CSCDA), which is a Joint Powers Authority established by the League of California Cities and California State Association of Counties.
Bonds are paid back through assessments levied on future property owners of the developed properties over a 30 year period.
1 2
Item 6.1
PowerPoint Presentation
442
2 Statewide Community Infrastructure Program
(SCIP)
SCIP has 130 Local Agency members, including the City of Livermore. When the City of Livermore joined in 2005, only commercial projects were authorized to participate in the program.
The resolution before you today would expand the program for the City of Livermore to include Community Facilities District (CFDs) and residential development projects. Benefits of the program include:
 Competitive financing to developers for projects.
 Can finance projects which range in size from $500,000 to up and over $35,000,000.
 Provides an experienced team of finance p rofessionals to administer the program, thereby freeing valuable local agency resources for other functions.

Recommended Action
Staff recommends the City Council:

1. Conduct the Public Hearing.

2. Adopt an amended and restated resolution to modify participation in the Statewide Community Infrastructure Program (SCIP)
3 4
Item 6.1
PowerPoint Presentation
443
1 Action Plan FY 2024-25 and
New Section 108 Guaranteed Loan
July 1, 2024 – June 30, 2025
Public Hearing
April 15, 2024
Presented by Amy Walker, Human Services Management Analyst I HUD National Objectives

1. Benefiting low-and-moderat e-income (LMI) persons

2. Assisting in the prevention and/or elimination of slums and blight

3. Meeting an urgent need that poses an immediate threat to health and safety
Priority Needs and Goals

1. Creating economic opportunities

2. Creating suitable living environments

3. Providing decent affordable housing
1 2
Item 6.2
PowerPoint Presentation
444
2 Action Plan Overview
 The City is an entitlement recipient
of CDBG funds from the Federal
Department of Housing and Urban
Development (HUD)
 A requirement of receiving federal
CDBG and HOME funds is a
submittal of an Annual Action Plan
 As a member of the Alameda
County HOME Consortium, the City
receives annual HOME funding
FY 2024-25 Action Plan Timeline
DateGrant Process
12/6/23Grant Application Workshop
1/19/24Notice of Funding Availability/Request for Proposal Deadline 2/13/24Presentations from New Applicants to Human Services Commission
3/12/24Human Services Commission Grant Recommendation Meeting 4/15/24City Council Approval of Grant Recommendations and Action Plan Submittal
3 4
Item 6.2
PowerPoint Presentation
445
3 CDBG/HOME Funding
Estimated FY 2024-25 Allocations
New Section 108 Loan
Emergency Shelter Rebuild Project
 Approval to apply for a new Section 108
Loan for up to $1,200,000 in funding for the
rebuild of the Emergency Shelter
 Help close the funding gap needed for the
construction of the shelter
 Allows the City to pay for the project over
20 years
New Section 108 loan is included in the FY
024-25 Action Plan
5 6
Item 6.2
PowerPoint Presentation
446
4 Recommendations
The Human Services Commission and staff recommend the City Council adopt a resolution:

1. Approving the FY 2024-25 Annual Action Plan and authorizing the submission of the Action Plan to Alameda County for inclusion with the Alameda County HOME Consortium report for submittal to HUD;

2. Authorizing the submittal of a final Section 108 guaranteed loan application to HUD for the Tri-Valley Haven for Women Emergency Shelter Project in an amount not to exceed $1,200,000;

3. Authorizing the City Manager, or her designee, to accept the Section 108 guaranteed loan for the Tri-Valley Haven for Women Emergency Shelter Project if approved by HUD;
Recommendations

4. Authorizing the City Manager, or her designee, to negotiate and execute all documentation and agreements with HUD and any subgrantees that are necessary and appropriate to effectuate the FY 2024-25 Annual Action Plan and the new Section 108
guaranteed loan, including, without limitation, the FY 2024-25 Entitlement Certifications and the Section 108 loan certifications; and

5. Authorizing the City Manager, or her designee, to take whatever actions are necessary and appropriate to carry out the purpose and intent of this resolution, including approving minor changes to the FY 2024-25 Annual Action Plan and the Section 108 guaranteed loan application.

At the conclusion of this Public Hearing, Consent Item 5.12, Allocation
and
Appropriation of FY 2024-25 Grant Recommendations, should be considered for
approval.
7 8
Item 6.2
PowerPoint Presentation
447
Item 6.3
PowerPoint Presentation
448
1 Hiring Retired Annuitant
Stephen Stewart
April 15, 2024
Presented by:

Kristen Hilton, Acting Human Resources Manager
Hiring of Retired Annuitant Stephen Stewart
• State law requires City Council approval to hire a retired annuitant before the required 180-day waiting period.
• Stephen Stewart retired as the Assistant Community Development Director on December 29, 2023, and was the Planning Manager for seven years. • Due to current division vacancies and ongoing critical projects, Mr. Stewart will help the Planning Division continue to deliver services and projects while those vacancies are filled.
• Mr. Stewart has the experience, familiarity, and skill to work on these critical projects to mitigate service disruptions and allow for continuity of operations as well as allow for training and knowledge transfer to the new Planning Manager.
• Staff recommends that the City Council adopt a resolution approving the hiring of retired annuitant Stephen Stewart in accordance with the Government Code.
1 2
Item 7.1
PowerPoint Presentation
449
Council Member
Date of Meeting
or Event Committee or Organization
Meeting or Event Type (ex. board
meeting or ribbon cutting) Summary of Meeting or Event
Mayor Marchand 3/27/2024 Chamber of Commerce Board meeting Provided the Mayor's Report to the Chamber and approved the financial reports
Mayor Marchand 2/28/2024 City of Livermore Mentoring
Participated in Youth in Government Day. Spoke about
local government and mentored students.

Mayor Marchand 3/28/2024
Alameda County Transportation Commission
(ACTC) Commission meeting
Heard subcommittee reports, approved the mid-year
budget update, and voted to consider a Resolution of
Necessity for the acquisition of property.

Mayor Marchand 4/2/2024 City of Livermore, Tri-City City Council Advocacy Day in Sacramento The Tri-Valley mayors, along with Townsend Public Affairs, participated in an advocacy day in Sacramento, meeting
the many of our representatives and their staff members.

Mayor Marchand 4/3/2024 Chamber of Commerce Business Alliance Provided the Mayor's update and heard a presentation
from the ACE commuter rail.

Mayor Marchand 4/3/2024 Chamber of Commerce Ribbon-cutting Presented a Certificate of Welcome to Purpose-Built.

Mayor Marchand 4/6/2024 City of Livermore Celebration of Life Attended the Celebration of Life in Honor of Kevin Drake Mayor Marchand 4/8/2024
Alameda County Transportation Commission
(ACTC)
Planning, Policy and Legislation
Subcommittee
Received legislative updates and discussed the Race and Equity Action Plan and the Countywide Transportation
Mayor Marchand 4/10/2024 Valley Link Board meeting
Extended two consulting contracts, approved a contract for the annual audit, and received an update on the EIR.

Mayor Marchand 4/10/2024 Alameda County Mayors Conference Meeting Received the City Report from San Leandro and a
presentation by Ava Community Energy (AVA), formerly
East Bay Community Energy (EBCE).

Mayor Marchand 4/11/2024 Chamber of Commerce Ribbon-cutting Presented a welcome certificate to Del Valle Winery Mayor Marchand 4/13/2024 QUEST Science Center
Attended the QUEST Innovation
Fair at the Alameda County Fair
Grounds Hundreds of people participating in dozens of activities.

Mayor Marchand 4/13/2024 City of Livermore Korean Festival Provided welcoming comments and attended the Korean
Festival at the Livermore Library
Mayor Marchand 4/13/2024 Tri-Valley Haven Groundbreaking fundraiser gala Attended the Groundbreaking fundraising gala to rebuild the Tri-Valley Haven shelter.

Item 8.0
Council Reports
450
Council Member
Date of Meeting
or Event Committee or Organization
Meeting or Event Type (ex. board
meeting or ribbon cutting)
Vice Mayor Carling 3/27/2024 StopWaste Board meeting
Vice Mayor Carling 3/28/2024
Livermore-Amador Valley Water Management
Agency (LAVWMA) Special meeting
Item 8.0
Council Reports
451
Council Member
Date of Meeting
or Event Committee or Organization
Meeting or Event Type (ex. board
meeting or ribbon cutting)
Council Member Branning 4/1/2024
Livermore-Amador Valley Transit Authority
(LAVTA) Board of Directors Meeting
Council Member Branning 3/28/2024
Livermore-Amador Valley Water Management
Agency (LAVWMA) Special Board of Directors Meeting
Item 8.0
Council Reports
452

CITY COUNCIL STAFF REPORT
ITEM NO. 10.2

DATE:

April 15, 2024
TO:

Honorable Mayor and City Council
FROM:

Marianna Marysheva, City Manager
SUBJECT:

Supplemental materials received at the meeting.

RECOMMENDED ACTION

SUMMARY

DISCUSSION

ATTACHMENTS

1. Items Received at the Meeting

Prepared by: Helena Graves
Deputy City Clerk

Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
453
I Tri-Valley Haven will be
Hostin$ a March for Sexual
Assault Awareness Month
uu"lv.trivalleyhaven.or$
R€coired et lhe tlveflnoro CIV Cotlttc[ iEettg oft
rI t5
+TVHSAAM2024
ffinesda), Ap
Meet in front of the Bankhead Theater
(o4O0 First St, Livermore) at 7pm
r_]t _,1
-/
-I
't
rrlu rrced nrore inlirnrratiorr alxrul tlrc
march plcase call
925-64-190-.
/
Item 4.0
Public Comment Received
454
Helena Graves
From:

Sent:

To:

Subject:

Hello!
Paul Halvorsen
Monday, April 15, 2024 3:27 PM
City Clerk
eComment error
Item 5.2
Public Comment Received
I've been trying so submit via eComment but never got a validation email. I am hoping you can help pass my eComment along still for 5.2??
Council & Staff,
While I am not surprised to see more tilt ups going in on top of open space, I do want to share that not everyone agrees with this part of your strategic plan. Those of us living on the Westside have watched our views blocked, noise, traffic, and the safety issues that come with it, all on the rise.

I know there is a lot of pride around how well we've allegedly planned development like this, but for those of us who live near it, it is yet another sign that assimilation into the Bay Area is the core vision for those now in charge. It is a disappointment that either we don't know how or don't care to invest in retaining the community of character and views that have set us apart from neighboring cities.
1 455
April 15th,2024
To City Council Members:
!t time for the Livermore City Council and the FBO to act responsibly and to offer unleaded aviation fuel for piston engine aircraft before the end o12024. The negative effects of leaded av fuel exposure on health and development have long been established and proven repeatedly.

Dr. Anthopolos, Division of Biostatics, New York University School of Medicine states," We identified that children living nearer to airports with piston aircraft exhibited from 2.1 to 4.4 percent higher lead blood levels than children living at greater distances". Dr. Marion Hoyer, a scientist for over 30 years at the Environmental Protection Agency (EPA) confirms, "three new studies now report, that children who live near airports where piston-engine aircraft operate, have higher blood levels than children who live farther away. "
According to Dr. Hoyer, a disturbing new study also found " higher mortality rates in adults living near single runway airports with aircraft operating on leaded fuel. There are serious negative health impacts of lead in adults, including cardiovascular effects". Ms. Kathleen Domingo, Director of the California Catholic Conference, reports a recent California study "showed children who lived less than a mile away from an airport with piston aircrafi had higher lead levels in their blood." How do these studies apply to the Tri-Valley? Residents of Sommerset, Sage, Montage and lsabel Specific Plan Neighborhoods all live within a 1.5 mile radius of LVK.

The evidence proving leaded av fuel leads to serious health issues is clear and indisputable. Ms.

Becky Yu at BAAQMD states a 30 to 60 day comment period is not necessary for the air permit. UL 94 is safe, certified and an empty tank exists at LVK. I ask the counci! members to directly email Ms.

Yu and ask her to expedite the permit of unleaded fuel at LVK. Please direct the FBO to start selling UL 94 before the end of 2024.

Livermore City Council could and should lead the way in protecting our community against lead exposure from leaded aviation fuel. Waiting is NOT the solution to an URGENT health and safety issue. Stand up for the health and safety of our children. lf the health of our children is further compromised by leaded aviation fuel, what future do we have??? Best,
Dtru"r"- Co[o*hL^-
Donna Cabanne
Livermore resident, member of Sierra Club, Center for Biological Diversity, Lead-free Livermore, UnleadLVK
at ths Llwrmorc City Cotrndl matngot
15 Item 5.3
Public Comment Received
456

Livermore City CouncilApril 15, 2024

Livermore City Council
April 15, 2024