CITY COUNCIL
AGENDA
MONDAY, JUNE 23, 2025
REGULAR MEETING –
7:00 PM
CLOSED SESSION 6:45 PM
MEETING PARTICIPATION INFORMATION CAN BE FOUND AT THE END OF THE AGENDA
CIVIC CENTER MEETING HALL
CITY COUNCIL CHAMBER
1016 S. LIVERMORE AVENUE
CITY OF LIVERMORE YOUTUBE CHANNEL:
https://www.youtube.com/c/CityofLivermoreCalifornia
TV29:
Comcast TV Channel 29
tv29live.org
John P Marchand, Mayor
Evan Branning, Vice Mayor
Ben
Barrientos, Council Member
Steven Dunbar, Council Member
Kristie Wang, Council Member
Livermore City Council Agenda
June 23, 2025
1 1.
CLOSED SESSION - 6:45 PM
Roll Call
Opportunity for the the Public to Address City Council Regarding Closed Session Items Adjourn to Closed Session
Note: This Closed Session my be continued to the end of the Regular Meeting.
1.1 Conference with Labor Negotiators. To meet with the City’s negotiators Tina Olson, Administrative Services Director, Kristen Hilton, Human Resources Manager, and Tim Davis, a partner with the law firm Burke, Williams & Sorensen pursuant to Government Code section 54957.6, regarding negotiations with the International Association of Fire Fighters, Local 1974, Fire Employees Unit, AFL-CIO-CLC.
1.2 Conference with Labor Negotiators. To meet with the City’s negotiators Tina Olson, Administrative Services Director, Kristen Hilton, Human Resources Manager, and Tim Davis, a partner with the law firm Burke, Williams & Sorensen pursuant to Government Code section 54957.6, regarding negotiations with the International Association of Fire Fighters, Local 1974, Battalion Chief’s Unit, AFL-CIO-CLC.
2. CALL TO ORDER
3. PROCLAMATIONS AND PRESENTATIONS
3.1 Proclamation declaring June 2025 as Pride Month, presented to Brittni Kiick, Chair for Livermore Pride.
Recommendation:
Staff recommends City Council declare June 2025 as Pride Month.
Staff Report
Attachments:
1. Proclamation
4. OPEN FORUM
In conformance with the Brown Act, no City Council action can occur on items presented during Open Forum.
To provide public comment in person, please submit a speaker card. When your name
ROLL CALL
Council Member Ben Barrientos
Council Member Steven Dunbar
Council Member Kristie Wang
Vice Mayor Evan Branning
Mayor John Marchand
PLEDGE OF ALLEGIANCE
REPORT OF ACTION TAKEN IN CLOSED SESSION
Livermore City Council Agenda
June 23, 2025
2 is called, walk to the lectern to address City Council.
Comments are limited to a maximum of 3 minutes per person, per item. The Mayor may reduce the amount of time based on the number of persons wishing to speak.
Comments are limited to one comment per person per item regardless of format or time submitted (this includes email and e-comment submissions prior to the meeting as well as live comments during the meeting).
Open Forum will conclude after 30 minutes; however, if there are additional speakers, Open Forum will reconvene before the meeting adjourns.
5. CONSENT CALENDAR
Consent Calendar items are considered routine and are acted upon by the City Council with a single action. Members of the audience wishing to provide public input must submit a speaker card found at the entrance of the Council Chambers. A speaker is limited to a single comment with a maximum of three minutes for the entire Consent Calendar. If Consent Calendar items are pulled for discussion by the City Council, a speaker will be allowed one comment per item on the items pulled for discussion and a separate comment for the remaining Consent Calendar. The one comment limit applies regardless of format or time submitted (this includes email and e-comment submissions prior to the meeting as well as live comments during the meeting).
5.1 Approval of draft minutes - June 9, 2025 Regular Meeting.
Recommendation:
Staff recommends the City Council approve the draft minutes.
Staff Report
Attachments:
1. DRAFT 2025-06-09
5.2 Adoption of an ordinance amending portions of Livermore Municipal Code Chapter 13.36 Sewer Service and Use Charges
Sections 13.36.030
Definitions
, 13.36.060
Residential
customers
, and 13.36.090
Industrial and miscellaneous customers
.
Recommendation:
Staff recommends the City Council
adopt an ordinance
amending portions of Livermore
Municipal Code Chapter 13.36
Sewer Service and Use Charges
Sections 13.36.030
Definitions
, 13.36.060
Residential customers
, and 13.36.090
Industrial and miscellaneous
customers
.
Staff Report
Attachments:
1. Ordinance
5.3 Resolution authorizing execution of a two-year grant agreement with i-GATE Development Corporation for entrepreneurial support and development activities for Fiscal Years 2025-26 and 2026-27 in an amount not-to-exceed $300,000 each fiscal year.
Recommendation:
Livermore City Council Agenda
June 23, 2025
3 Staff recommends the City Council adopt a resolution authorizing the City Manager to execute a two-year grant agreement with i-GATE Development Corporation for entrepreneurial support and development activities for Fiscal Years 2025-26 and 2026-27 in an amount not-to-exceed $300,000 each fiscal year.
Staff Report
Attachments:
1. Annual Report 2023-2024
2. Resolution
3. Exhibit A - Grant Agreement
5.4 Resolution authorizing a purchase order to Baker & Taylor Books for purchases of library books and related materials in FY 2025-26, in an amount not-to-exceed $240,000.
Recommendation:
Staff recommends the City Council adopt a resolution authorizing the City Manager to execute a purchase order to Baker & Taylor Books for FY 2025-26 purchases of library books and related materials, not-to-exceed $240,000.
Staff Report
Attachments:
1. Resolution
5.5 Resolution establishing the Appropriations Limit consistent with State law for FY 2025-26.
Recommendation:
Staff recommends the City Council adopt a resolution establishing the Appropriations Limit for FY 2025-26.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - FY 2025-26 Appropriation Limit
5.6 Resolution authorizing the execution of Project and Program Grant Agreements with East Bay Musical Society, Livermore Filipino American Organization, Pacific Chamber Orchestra, and SPARC Theater consistent with the City's Public Art Policy.
Recommendation:
The Commission for the Arts and staff recommend the City Council adopt a resolution authorizing the City Manager to execute the following Project and Program Grant Agreements:
1 .
East Bay Musical Society, in the amount of $5,000 for community musical education. 2 .
Livermore Filipino American Organization, in the amount of $10,000 for a multi-cultural festival.
3 .
Pacific Chamber Orchestra, in the amount of $10,000 for musical education and performances.
4 .
SPARC Theater, in the amount of $10,000 for the Shakespeare in the Vineyard summer program.
Livermore City Council Agenda
June 23, 2025
4 Staff Report
Attachments:
1. Resolution
2. Exhibit A - East Bay Musical Society Grant Agreement
3. Exhibit B - Livermore Filipino American Organization Grant Agreement
4. Exhibit C - Pacific Chamber Orchestra Grant Agreement
5. Exhibit D - SPARC Theater Grant Agreement
5.7 Resolution authorizing the execution of an agreement with HDR Engineering, Inc. for Geographic Information System (GIS) Strategic Plan implementation and GIS services for three years in an amount not-to-exceed $399,773.
Recommendation:
Staff recommends the City Council
adopt a resolution authorizing the City Manager to execute an agreement with HDR Engineering Inc. for Geographic Information Systems (GIS) Strategic Plan implementation and GIS services including enhancements, development, and maintenance services for three years in an amount not-to-exceed $399,773.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - Agreement
5.8 Resolution approving the updated Investment Policy and the annual delegation of investment authority to the City Treasurer.
Recommendation:
Staff recommends that the City Council adopt a resolution approving the updated Investment Policy and the annual delegation of investment authority to the City Treasurer.
Staff Report
Attachments:
1. Investment Policy Red-Line
2. Resolution
3. Exhibit A - Investment Policy
5.9 Resolution authorizing the allocation and appropriation of Community Development Block Grant and Home Investment Partnership Grant Funds in the total amount of $1,041,020 for Fiscal Years 2025-27 and authorizing the execution of documents required to receive, use, and distribute funds.
Recommendation:
The Human Services Commission and staff recommend the City Council adopt a resolution authorizing the allocation and appropriation of $1,041,020 in funding for Fiscal Years 2025-27 as listed below and authorizing the City Manager to negotiate and execute all related documents, grant agreements, and modifications.
1 .
Community Development Block Grant Funds in the amount of $793,816
Livermore City Council Agenda
June 23, 2025
5 2
.
Home Investment Partnership Funds in the amount of $247,204
Staff Report
Attachments:
1. Resolution
2. Exhibit A- Human Services CDBG and HOME Grant Recommendations- Fiscal Years 2025- 27 6.
PUBLIC HEARINGS
Comments are limited to one comment per person per item regardless of format or time submitted (this includes email and e-comment submissions prior to the meeting as well as live comments during the meeting).
6.1 Hearing to consider a resolution approving the FY 2025-29 Consolidated Plan, the FY 2025- 26 Annual Action Plan, and the Citizen Participation Plan; authorizing submittal to the U.S.
Department of Housing and Urban Development; and authorizing execution of associated documents.
Recommendation:
The Human Services Commission and staff recommend the City Council adopt a resolution:
1 .
Approving the FY 2025-29 Consolidated Plan and the FY 2025-26 Annual Action Plan, attached hereto as Exhibit A, and authorizes submission of the Consolidated Plan and Action Plan to Alameda County for inclusion with the Alameda County HOME Consortium report for submittal to HUD;
2 .
Approving the Citizen Participation Plan, attached hereto as Exhibit B, and authorizes submission of the Citizen Participation Plan to Alameda County for inclusion with the Alameda County HOME Consortium report for submittal to HUD; 3 .
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 2025-29 Consolidated Plan and FY 2025-26 Annual Action Plan, including, without limitation, the FY 2025-26 Entitlement Certifications, attached hereto as Exhibit C; and
4 .
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 2025-29 Consolidated Plan, FY 2025-26 Annual Action Plan, and the Citizen Participation Plan.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - Draft FY 2025-2029 Consolidated Plan and FY 2025-26 Action Plan
3. Exhibit B - Citizen Participation Plan
4. Exhibit C - HUD Certifications FY 2025-26 Entitlement
6.2 Public hearing for the confirmation of the levy of assessments for the City’s Landscape Maintenance Districts for FY 2025-26.
Recommendation:
Livermore City Council Agenda
June 23, 2025
6 Staff recommends the City Council:
1 .
Conduct a public hearing for the confirmation of the annual levy of assessments for the City’s Landscape Maintenance Districts for FY 2025-26; and 2 .
Upon closure of the public hearing, staff recommends the City Council adopt a resolution confirming the annual levy of assessments for the City’s Landscape Maintenance Districts and directing actions with respect thereto for FY 2025-26.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - LMD Maximum and Budgeted Assessment Rates
3. Exhibit B - Proposed Assessments for LMD No. 859 (Downtown) for Fiscal Year 2025-26
4. Exhibit C - FY 2025-26 Annual Engineer's Reports
6.3 Hearing to receive and consider all evidence and reports regarding the adoption of a Master Fee Schedule.
Recommendation:
Staff recommends the City Council adopt a resolution adopting the City's Master Fee Schedule, incorporating certain fee changes and superseding resolution 2024-105.
Staff Report
Attachments:
1. Tables 1-5
2. Resolution
3. Exhibit A - Master Fee Schedule
7. MATTERS FOR CONSIDERATION
Comments are limited to one comment per person per item regardless of format or time submitted (this includes email and e-comment submissions prior to the meeting as well as live comments during the meeting).
7.1 Appointment of Council Members to the City Council Subcommittee on Advisory Bodies for the period of July 1, 2025 - December 31, 2025
Recommendation:
Staff recommends the Mayor appoint two Council Members to serve on the City Council Subcommittee on Advisory Bodies for the period of July 1, 2025 - December 31, 2025, with the City Council's approval.
Staff Report
8. COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED BY CITY
MANAGER, CITY ATTORNEY, AND COUNCIL MEMBERS
9. ADJOURNMENT
To a Regular City Council meeting on Monday, July 14, 2025 at 7:00 pm, Civic Center Meeting Hall, City Council Chamber, 1016 S. Livermore Avenue.
Livermore City Council Agenda
June 23, 2025
7 10.
SUPPLEMENTAL MATERIALS
10.1 Supplemental materials received prior to the meeting.
Staff Report
Attachments:
1. Supplemental Materials
11. HOW TO PARTICIPATE IN YOUR CITY COUNCIL MEETING
You can participate in the meeting in a number of ways:
Open Forum
is an opportunity for the public to speak regarding items not listed on the agenda. Speakers are limited to a maximum of 3 minutes per person. To address the City Council in person, you must submit a speaker card to the City Clerk prior to the start of that item. Please note that the City Council is prohibited by State law from taking action on any items that are not listed on the agenda. However, if your item requires action, the City Council may place it on a future agenda or direct staff to work with you and/or report to the City Council on the issue.
Public Hearings
- The topic of the hearing is typically summarized by staff, followed by a presentation by the applicant, and questions from the City Council. The Mayor will then open the hearing to the public and offer an opportunity for public comments. Speakers are limited to a maximum of 3 minutes per person. To address the City Council in person, you must submit a speaker card to the City Clerk prior to the start of the presentation of the item.
Other Agenda Items
are also open for public input including Consent Calendar or Matters for Consideration items. These comments are also subject to the 3-minute limit.
Special Meetings, Workshops
- The public will have the opportunity to address the City Council regarding the item that is the subject of the special meeting or workshop. Public comments are limited to a maximum of 3 minutes per person.
Platforms to Participate in Meetings:
Submission of Comments Prior to the Meeting:
Email Comments
may be submitted by the public to the City Clerk’s Office (
[email protected]
). Items received no later than 12:00 pm on the day of the meeting will be provided to the City Council and available on the City website prior to the meeting. These items will NOT be read into the record.
eComments
may be submitted by the public using the eComment link
here
. Comments may
be up to 1000 characters in length and will be accepted up until 4:00 pm the day of the meeting. These items will NOT be read into the record and are viewable by the City Council and the public upon submittal.
Submission of Comments During the Meeting:
Livermore City Council Agenda
June 23, 2025
8 Speakers are limited to a maximum of 3 minutes per person. To submit a comment you must complete a speaker card for each item. Speaker cards are available in the Civic Center Meeting Hall lobby. Indicate on the card the item number you wish to comment on and submit the card directly to the City Clerk prior to the start of the item. Please note that the City Council is prohibited by State law from taking action on any items that are not listed on the agenda.
However, if your item requires action, the City Council may place it on a future agenda or direct staff to work with you and/or report to the City Council on the issue.
The City will be using YouTube and TV29 as two tools to provide the public access to view City Council meetings. No public comment will be accepted via YouTube.
TV29:
tv29live.org
Comcast Cable 29
YouTube:
http://youtube.com/c/CityofLivermoreCalifornia
If you would like to deliver written materials to the City Council as part of your public comment, please provide 10 copies to the City Clerk with your speaker card.
The
City Council Agenda and Agenda Reports
are prepared by City staff and are available
for public review on Tuesday evening, six days prior to the City Council meeting in the Civic Center Library, 1188 South Livermore Avenue, Livermore, and at the City Clerk’s Office, 1052 South Livermore Avenue, Livermore. The Agenda is also available on the City’s website, http://LivermoreCA.gov/agenda
.
Under Government Code §54957.5, any
supplemental material
distributed to the members
of the City Council after the posting of this agenda will be available for public review in the City Clerk’s Office, 1052 South Livermore Avenue, Livermore, and included in the agenda packet available on the City’s web site at
http://LivermoreCA.gov/agenda
.
PURSUANT TO TITLE II OF THE AMERICANS WITH DISABILITIES ACT (CODIFIED AT 42 UNITED STATES CODE SECTION 12101 AND 28 CODE OF FEDERAL REGULATIONS PART 35), AND SECTION 504 OF THE REHABILITATION ACT OF 1973, THE CITY OF
LIVERMORE DOES NOT DISCRIMINATE ON THE BASIS OF RACE, COLOR, RELIGION,
NATIONAL ORIGIN, ANCESTRY, SEX, DISABILITY, AGE OR SEXUAL ORIENTATION IN THE PROVISION OF ANY SERVICES, PROGRAMS, OR ACTIVITIES. TO ARRANGE AN
ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PUBLIC MEETING, PLEASE
CONTACT THE ADA COORDINATOR AT
[email protected]
OR
CALL (925) 960-4170 (VOICE) OR (925) 960- 4104 (TDD) AT LEAST THREE (3) BUSINESS DAYS IN ADVANCE OF THE MEETING.
Livermore City Council Agenda
June 23, 2025
9 CITY COUNCIL STAFF REPORT
ITEM NO. 3.1
DATE:
June 23, 2025
TO:
Honorable Mayor and City Council
FROM:
Marianna A. Burch, City Manager
SUBJECT:
Proclamation declaring June 2025 as Pride Month, presented to Brittni Kiick, Chair for Livermore Pride.
RECOMMENDED ACTION
Staff recommends City Council declare June 2025 as Pride Month.
SUMMARY
DISCUSSION
ATTACHMENTS
1. Proclamation
Prepared by: Stephanie Egidio
Assistant to the City Manager
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
10 11
CITY COUNCIL STAFF REPORT
ITEM NO. 5.1
DATE:
June 23, 2025
TO:
Honorable Mayor and City Council
FROM:
Marianna A. Burch, City Manager
SUBJECT:
Approval of draft minutes - June 9, 2025 Regular Meeting.
RECOMMENDED ACTION
Staff recommends the City Council approve the draft minutes.
SUMMARY
DISCUSSION
ATTACHMENTS
1. DRAFT 2025-06-09
Prepared by: Debbie Elam
City Clerk
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
12 JUNE 9, 2025 Minutes CM/75/1
MINUTES
CI
TY COUNCIL
JUNE 9, 2025
________________________________________________________________ C
LOSED SESSION
CAL
L TO ORDER – The Closed Session of the City Council was called to order by Mayor John Marchand at 6:30 pm, held in person at 1016 S. Livermore Avenue.
RO
LL CALL – Present: Mayor John Marchand, Vice Mayor Evan Branning, Council Members Ben Barrientos, Steven Dunbar, and Kristie Wang.
O
PPORTUNITY FOR THE PUBLIC TO ADDRESS THE CITY COUNCIL
REGARDING CLOSED SESSION ITEMS.
Ma
yor Marchand opened the public comment period.
T
here were no speakers, the public comment period was closed.
1. ADJ
OURN TO CLOSED SESSION
1.1 Conference with Labor Negotiators. To meet with the City’s negotiators Tina Olson, Administrative Services Director, Kristen Hilton, Human Resources Manager, and Emily Prescott, of Counsel, with the law firm Sloan, Sakai, Yeung and Wong LLP pursuant to Government Code section 54957.6, regarding negotiations with the Association of Livermore Employees. 1 .2 Conference with Labor Negotiators. To meet with the City’s negotiators Tina Olson, Administrative Services Director, Kristen Hilton, Human Resources Manager, and Emily Prescott, of Counsel with the law firm Sloan, Sakai, Yeung and Wong LLP pursuant to Government Code section 54957.6, regarding negotiations with the Livermore Management Group.
1 .3 Conference with Labor Negotiators. To meet with the City’s negotiators Tina Olson, Administrative Services Director, Kristen Hilton, Human Resources Manager, and Emily Prescott, of Counsel with the law firm Sloan, Sakai, Yeung and Wong LLP pursuant to Government Code section 54957.6, regarding negotiations with the Livermore Police Management Association. 1 .4 PUBLIC EMPLOYEE EMPLOYMENT: Public employee recruitment pursuant to Government Code section 54957(b). Title of position to be filled: City Attorney.
ATTACHMENT 1
13 CM/75/2 Minutes JUNE 9, 2025
________________________________________________________________ REG
ULAR MEETING
2. CALL TO ORDER – The meeting of the City Council was called to order by Mayor John Marchand at 7:00 pm, held in person at 1016 S. Livermore Avenue.
ROL
L CALL – Present: Mayor John Marchand, Vice Mayor Evan Branning, Council Members Ben Barrientos, Steven Dunbar, and Kristie Wang.
PL
EDGE OF ALLEGIANCE
REP
ORT OF ACTION TAKEN IN CLOSED SESSION
Ci
ty Attorney Jason Alcala stated there was no reportable action; noted a subcommittee of Vice Mayor Branning and Mayor Marchand has been created to facilitate the recruitment for his replacement.
3. PROCLAMATIONS AND PRESENTATIONS
Mayo
r Marchand re-ordered the agenda and moved Item 3.4 before Item 3.1
3.4 Presentation of Memorial Sign to the Family of Justin Thomas May
or Marchand presented the memorial sign to the family of Justin Thomas.
3.1 Presentation of the 2025 High School Senior Arts Awards.
May
or Marchand and Public Arts Commissioner Tracy Sahn presented the High School Senior Arts Awards to: Ridha Awasthi, Katrina Blair, Alondra Cordova, Trent Jalan Francisco, Vex Moore, Evan Paradise, Annabella Piazza, Abigail Sabado, and Ethan Sadkowski.
3.2 Livermore Youth Council Annual Update presented by Chair Greta Fick-Furlotte.
Cha
ir Greta Fick-Furlotte and Vice Chair Ally Grant presented the Youth Council Annual Update.
3.3 Confirm Advisory Body appointments to the Commission for the Arts, Historic Preservation Commission, Library Board of Trustees, and the Livermore Housing Authority Board of Commissioners, and direct the City Clerk to administer the oath of office.
Co
mmission for the Arts
Tauheeda Babar appointment to an unexpired term ending November 1, 2029 ATTACHMENT 1
14 JUNE 9, 2025 Minutes CM/75/3
Historic Preservation Commission
Shanavaz Nasarbadi appointment to a regular term ending May 1, 2029 Libr
ary Board of Trustees
Jason Hibono appointment to an unexpired term ending June 1, 2026 Lainie Pascall reappointment to a regular term ending June 1, 2028 Deborah Halford appointment to a regular term ending June 1, 2028 Liv
ermore Housing Authority
Terry Buttchen appointment to an unexpired term ending June 1, 2028 ON T
HE MOTION OF COUNCIL MEMBER BARRIENTOS, SECONDED BY
COUNCIL MEMBER DUNBAR AND CARRIED ON A 5 -0 VOTE, THE CITY COUNCIL CONFIRMED THE APPOINTMENTS.
City
Clerk Deborah Elam administered the oath of office.
4. OPEN FORUM
May
or Marchand opened the public comment period.
Gr
eg Scott provided a comment.
Mar
c Roberts provided a comment.
Sal
Miranda provided a comment.
Al
an Marling provided a comment.
Cy
Matin provided a comment.
Ther
e were no more speakers, and the public comment period was closed.
5. CONS
ENT CALENDAR
Mayo
r Marchand re-ordered the agenda and moved Item 5.17 after Item 6.1 Item
s 5.1 and 5.3 were removed from the Consent Calendar for separate discussion and action.
May
or Marchand opened the public comment period.
It
em 5.12 Alan Marling provided a comment.
Ther
e were no more speakers, and the public comment period was closed.
ON T
HE MOTION OF COUNCIL MEMBER BARRIENTOS , SECONDED BY
COUNCIL MEMBER DUNBAR, AND CARRIED ON A 5 -0 VOTE, THE CITY ATTACHMENT 1
15 CM/75/4 Minutes JUNE 9, 2025
COUNCIL APPROVED CONSENT CALENDAR WITH THE EXCEPTION OF ITEMS 5.1, 5.3, and 5.17.
ON T
HE MOTION OF VICE MAYOR BRANNING, SECONDED BY COUNCIL
MEMBER DUNBAR, AND CARRIED ON A 4-0 VOTE, WITH COUNCIL MEMBER
BARRIENTOS ABSTAINING DUE TO HIS INELIGIBILITY TO VOTE DUE TO ABSENCE ON APRIL 28, 2025, THE CITY COUNCIL APPROVED CONSENT CALENDAR ITEM 5.1.
ON T
HE MOTION OF COUNCIL MEMBER DUNBAR, SECONDED BY COUNCIL MEMBER BARRIENTOS, AND CARRIED ON A 4 -0 VOTE, WITH VICE MAYOR
BRANNING ABSTAINING DUE TO HIS INELIGIBILITY TO VOTE DUE TO ABSENCE ON MAY 19, 2025 , THE CITY COUNCIL APPROVED CONSENT CALENDAR ITEM 5.3.
5.1 Approval of draft minutes - April 28, 2025 Special Meeting and April 28, 2025 Regular Meeting.
5.2 Approval of draf t minutes - May 12, 2025 Regular Meeting.
5.3 Approval of draft minutes - May 19, 2025 Special Meeting.
5.4 Adoption of Ordinance 2174 approving Development Agreement (DA) 24- 002 for the Triad Place project.
5.5 Introduce an ordinance amending portions of Livermore Municipal Code Chapter 13.36 Sewer Service and Use Charges Sections 13.36.030 Definitions,
13.36.060 Residential Customers, and 13.36.090 Industrial and Miscellaneous Customers.
5.6 Resolution 2025-080 authorizing execution of an agreement with the California Energy Commission for the Charging Infrastructure for Government Fleets program to install electric vehicle charging infrastructure at City facilities.
5.7 Resolution 2025-081 adopting a list of projects for Fiscal Year 2025- 26 funded by Senate Bill 1: The Road Repair and Accountability Act of 2017 and approving the use of Road Maintenance and Rehabilitation Account Funds.
5.8 Resolution 2025-082 authorizing execution of an agreement with COAR Design Group, in an amount not -to-exceed $1,768,921 and a term ending December 31, 2029, to provide design and construction support services for the Fire Station 6 Building Improvements project PS202215.
5.9 Resolution 2025-083 authorizing an agreement with TJKM, in an amount not-to-exceed $362,000 and a term ending June 30, 2027, to develop plans, specifications, and estimates for the Transportation Safety Projects TC202529.
5.10 Resolution 2025-084 authorizing delegation of authority to the City ATTACHMENT 1
16 JUNE 9, 2025 Minutes CM/75/5
Manager to award a construction contract, in an amount not-to-exceed $2,700,000, for the Golf Course Damage Repair Project SD202132, FEMA PA -09-CA-4308- PW-00602.
5.11 Resolution 2025-085 approving an exception to the Livermore Municipal Code bidding requirements and authorizing sole sourcing of a specific Fonroche brand of streetlights equipment for the construction of Street Lighting, project TC201923.
5.12 Resolution 2025-086 authorizing issuance of a purchase order to Lenco Industries, Inc. dba Lenco Armored Vehicles in the amount of $534,356 for one 2025 Lenco BearCat G3 4- Wheel Drive Armored Vehicle and authorizing a financial contingency in an amount not-to-exceed ten percent (10%).
5.13 Resolution 2025-087 authorizing the issuance of a purchase order for the replacement P-25 radio equipment from Motorola Solutions for emergency radio communications through the East Bay Regional Communication System (EBRCSA).
5.14 Resolution 2025-088 authorizing the execution of the second amendment to an agreement with Flock Safety, Inc. for the License Plate Reader (LPR) camera expansion, increasing the amount not-to-exceed $815,000.
5.15 Resolution 2025-089 authorizing the first amendment to Loan Agreement between the City of Livermore and Housing Consortium of the East Bay for the property located at 2346 Walnut Street.
5.16 Resolution 2025-090 authorizing the execution of a purchase order with Keep IT Simple (KIS) in an amount not -to-exceed $484,893 for hardware and software to upgrade City of Livermore's virtualized environment.
6. PUBLIC HEARINGS
6.1 Hearing t o receive information regarding the City’s job vacancies, recruitment, and retention efforts in accordance with Assembly Bill 2561, and as required by Government Code section 3502.3.
Re
commendation: Staff recommended the City Council receive the presentation only for information purposes during the public hearing at which staff will report on the City's job vacancies, recruitment, and retention efforts as required by AB 2561.
Kr
isten Hilton, Human Resources Manager, presented the staff report.
May
or Marchand opened the public hearing.
Ther
e were no speakers, and the hearing was closed.
THE CI
TY COUNCIL RECEIVED THE PRESENTATION.
ATTACHMENT 1
17 CM/75/6 Minutes JUNE 9, 2025
5.17 Resolution approving Two-Year Operating Budget and Five- Year Capital Improvement Plan with appropriations for FY 2025-26 and FY 2026-27.
May
or Marchand opened the public comment period.
Ther
e were no speakers, and the public comment period was closed.
ON T
HE MOTION OF COUNCIL MEMBER DUNBAR, SECONDED BY COUNCIL MEMBER WANG, AND CARRIED ON A 5 -0 VOTE, THE CITY COUNCIL APPROVED ITEM 5.17.
Re
solution 2025-091 approving Two- Year Operating Budget and Five- Year Capital Improvement Plan with appropriations for FY 2025-26 and FY 2026-27.
6.2 Hearing to approve the May 2025 Wastewater Cost of Service Study, review received objections and the City's responses to the objections, review and tabulate protests received in accordance with Proposition 218 to determine if a majority protest exists, consider proposed updated wastewater service charges, and approve a resolution adopting the updated charges if no majority exists.
Re
commendation: Staff recommended the City Council conduct a public hearing to approve the May 2025 Wastewater Cost of Service Study, review the objections received and the City's responses to the objections, review and tabulate protests received in accordance with Proposition 218 to determine if a majority public protest exists, consider updated proposed wastewater service charges, as set forth in the May 2025 Wastewater Rate Study, and approve a resolution adopting the updated charges if no majority protest exists.
Ant
hony Smith, Acting Assistant Public Works Director, presented the staff report.
May
or Marchand opened the public hearing.
Jeri
Arstingstall provided a comment.
Ther
e were no more speakers, and the hearing was closed.
ON T
HE MOTION OF COUNCIL MEMBER DUNBAR, SECONDED BY COUNCIL MEMBER WANG, AND CARRIED ON A 5 -0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION:
Re
solution 2025-092 adopting the 2025 Wastewater Cost of Service Study, approving wastewater service rate increases as identified in the study, and amending the wastewater rates and charges beginning in fiscal year 2025-26 through fiscal year 2029-30.
7. MAT
TERS FOR CONSIDERATION – NONE
ATTACHMENT 1
18 JUNE 9, 2025 Minutes CM/75/7
8. COUNCI
L COMMITTEE REPORTS AND MATTERS INITIATED BY CITY
MANAGER, CITY ATTORNEY, STAFF AND COUNCIL MEMBERS
THE
MAYOR AND CITY COUNCIL MEMBERS PROVIDED A SUMMARY OF
RECENTLY ATTENDED EVENTS AND MEETINGS IN ADDITION TO THE INFORMATION PROVIDED IN THE SUPPLEMENTAL PACKET. COUNCIL
MEMBERS WHO DID NOT PROVIDE A SUMMARY IN THE SUPPLEMENTAL PACKET ARE INCLUDED BELOW.
Li
vermore-Amador Valley Water Management Agency (LAVWMA) Council Member Dunbar note his attendance at the May 21, 2025 meeting.
Pr
ide Month Council Member Wang expressed support for pride month.
Li
vermore Valley Arts Council Member Wang announced an upcoming Juneteenth Jubilee event June 22, 2025.
Ci
ty of Livermore Council Member Wang welcomed intern Ashika Anan.
Sky
Family Martial Arts Council Member Barrientos announced a ribbon cutting event.
Li
vermore-Pleasanton Fire Department Council Member Barrientos noted his attendance at the Fire Academy graduation ceremony, on June 6, 2025.
Ci
ty of Livermore Vice Mayor Branning announced upcoming Rodeo Week events.
Ci
ty of Livermore Vice Mayor Branning noted that he will be absent from the June 23, 2025 City Council meeting.
Liv
ermore Amador Valley Transit Authority (LAVTA) and American Public Transportation Authority (APTA) Vice Mayor Branning discussed his attendance in Washington D.C. at the May 18-20, 2025 conference.
Ci
ty Council initiated the matter of staff reviewing how the City of Livermore will plan for or anticipate any potential federal oversight due to recent events in Los Angeles (LA).
9. ADJOURNMENT – at 8:29 pm in memory of former Historic Preservation Commissioner Donald Smith to a Regular City Council Meeting on Monday, June 23, 2025 at 7:00 pm, Civic Center Meeting Hall, City Council Chamber, 1016 S.
Livermore Avenue.
ATTACHMENT 1
19 CM/75/8 Minutes JUNE 9, 2025
APPROVED:
JO HN P. MARCHAND, MAYOR
ATTE
ST: ___
DEBO RAH L. ELAM, CITY CLERK
ATTACHMENT 1
20 CITY COUNCIL STAFF REPORT
ITEM NO. 5.2
DATE:
June 23, 2025
TO:
Honorable Mayor and City Council
FROM:
Carl Brown, Public Works Director
SUBJECT:
Adoption of an ordinance amending portions of Livermore Municipal Code Chapter 13.36 Sewer Service and Use Charges
Sections 13.36.030
Definitions
, 13.36.060
Residential
customers
, and 13.36.090
Industrial and miscellaneous customers
.
RECOMMENDED ACTION
Staff recommends the City Council
adopt an ordinance
amending portions of Livermore Municipal Code
Chapter 13.36
Sewer Service and Use Charges
Sections 13.36.030
Definitions
, 13.36.060
Residential
customers
, and 13.36.090
Industrial and miscellaneous customers
.
SUMMARY
DISCUSSION
ATTACHMENTS
1. Ordinance
Prepared by: Laura Mayate-DeAndreis
Management Analyst II
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
21 1 ORDINANCE NO. ________
IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA
AN ORDINANCE AMENDING PORTIONS OF LIVERMORE MUNICIPAL CODE CHAPTER 13.36 SEWER SERVICE AND USE CHARGES SECTIONS 13.36.030 DEFINITIONS, 13.36.060 RESIDENTIAL CUSTOMERS, AND 13.36.090 INDUSTRIAL
AND MISCELLANEOUS CUSTOMERS
Portions of the Livermore Municipal Code are being amended to more clearly incorporate accessory dwelling units as a residential customer category for billing, and to simplify the sewer service charge calculation for industrial and miscellaneous customers.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LIVERMORE DOES ORDAIN AS FOLLOWS:
Section 1. Amendment. The following portions of the Livermore Municipal Code are hereby amended to read as shown below. The deletions are shown using a strikethrough, and the added language is shown with an underline, but the stricken language and underlines themselves shall not be codified in the Municipal Code, which publication shall only reflect the final language , and the remainder of those sections remain unchanged.
13.36.030 Definitions
B. In addition, the following terms are defined as follows:
1. “Commercial” means any premises used for commercial or business purposes and discharging a quality of sewage essentially sim ilar to that of a single -family dwelling.
2. “Industrial” means any premises used for manufacturing or industrial purposes which discharges industrial waste, sanitary waste and sewage by reason of the manufacturing or industrial process involved, or which discharges chemicals or putrescent materials.
3. “Miscellaneous” means premises used for a purpose which is unlike residential or commercial, and for which a specific sewer service and use charge cannot be fixed other than by formula, taking into conside ration rate of flow of sewer discharge or water use and quality of discharge wastewater characteristics.
4. “Multiple-family dwelling” means any premises designed, improved or used as a residence for two or more families living independently of each other in two or more structurally joined dwelling units with separate entrances; this term shall include apartment houses and duplexes, but it shall not include accessory dwelling units , hotels, motels, dormitories or similar structures.
5. “Parameter” means the criteria on which the peak month loading charge and annual loading charge components of sewer service charges will be based, including, but not limited to flow, in gallons and/or millions of gallons, BOD in pounds 22 2 ORDINANCE NO. ________
and/or thousands of pounds, and suspended solids (SS) in pounds and/or thousands of pounds.
56. “Single-family dwelling” means premises designed, improved or used primarily as a residence residential use with one primary unit on a single parcel for one family and for no other purpose.
67. “Accessory Dwelling Unit” (ADU) means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An ADU also includes an efficiency unit or a manufactured home, as defined in section 18007 of the Health and Safety Code. (Government Code 66313)
78. “Wastewater characteristics” means the general composition of the wastewater based on individual pollutants, for example, biochemical oxygen demand (BOD) and suspended solids.
89. “Winter water usage” means the average water consumption for a property between the months of December and March of a given calendar year.
13.36.060 Residential customers
Residential customers shall be billed at a flat monthly rate by dwelling type, incl uding single-family, and multi-family, and accessory dwelling units. Different rates are established according to dwelling type in order to recognize that typical family sizes and thus wastewater flows vary according to dwelling type.
13.36.090 Industrial and miscellaneous customers
Industrial and miscellaneous users shall pay both annual loading charges and peak month loading charges sewer service charges based on measured flow and wastewater characteristics and parameters or wastewater flow and characteristics and parameters as estimated by the water resources manager Water Resources Division Manager.
A. Annual Loading Charges. Customers in the industrial category shall pay annual loading charges based on unit costs of providing treatment for the parameters of volume, in millions of gallons per year, BOD, in thousands of pounds per year, and suspended solids, in thousands of pounds per year.
B. Peak Month Loading Charges. In addition to the annual loading charges under subsection A of this section, customers in the industrial category shall also pay a monthly loading charge that is the sum of the following unit costs: volume, in millions of gallons per day, BOD, in pounds per day, and suspended solids, in pounds per day. Peak monthly charges will be calculated on the highest average monthly flow, BOD and suspended solid data for the preceding fiscal year. Upon verification of data indicating that current monthly average levels have exceeded previously established peak monthly levels, peak monthly charges shall be recalculated to reflect this increase with the next monthly billing cycle. Also, the user may be billed for the difference in adjusted peak loading charges 23 3 ORDINANCE NO. ________
from the beginning of the fiscal year billing cycle. (Ord. 1590 § 10, 2000; Ord. 1170 § 4, 1984; 1960 code § 18.83).
Section 2. Environmental. This amendment to the Livermore Municipal Code is not a project as defined by the California Environmental Quality Act (CEQA) Guidelines Section 15378 and therefore, is not subject to environmental review.
Even if considered a project under CEQA, t he a doption of this ordinance is exempt from the requirements of CEQA under the commonsense exemption set forth in CEQA Guidelines Section 15061(b)(3) in that CEQA applies only to projects which have the potential for causing a significant effect on the enviro nment. Where it can be seen with certainty that there is no possibility that the ordinance may have a significant effect on the environment, it is not subject to CEQA.
Section 3. Severability. If any part of this ordinance is declared invalid by a court, such invalidity shall not affect any of the remaining parts.
Section 4. Publication. This ordinance shall be published once in a newspaper of general circulation of the city of Livermore within fifteen days after its adoption.
Section 5. Effective date. This Ordinance shall take effect 30 days after its adoption.
The foregoing ordinance was introduced at the meeting of the City Council of the City of Livermore held on June 9, 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
The ordinance was adopted at the regular meeting of the City Council held on June 23, 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________
Mayor, City of Livermore
ATTEST: APPROVED AS TO FORM:
___________________________ /s/ Jason R. Alcala
Deborah L. Elam Jason R. Alcala
City Clerk City Attorney
24 CITY COUNCIL STAFF REPORT
ITEM NO. 5.3
DATE:
June 23, 2025
TO:
Honorable Mayor and City Council
FROM:
Brandon Cardwell, Innovation and Economic Development Director SUBJECT:
Resolution authorizing execution of a two-year grant agreement with i-GATE Development Corporation for entrepreneurial support and development activities for Fiscal Years 2025-26 and 2026-27 in an amount not-to-exceed $300,000 each fiscal year.
RECOMMENDED ACTION
Staff recommends the City Council adopt a resolution authorizing the City Manager to execute a two- year grant agreement with i-GATE Development Corporation for entrepreneurial support and development activities for Fiscal Years 2025-26 and 2026-27 in an amount not-to-exceed $300,000 each fiscal year.
SUMMARY
Since i-GATE's founding in 2010, the City of Livermore has provided financial and staff support for the organization's activities, which have included operation of a startup incubator, entrepreneur training programs, regional branding campaigns, workforce development activities, and networking events.
From 2014 to October of 2022, i-GATE was managed by City staff member Brandon Cardwell, who served as executive director of the non-profit organization. An independent executive director, Yolanda Fintschenko, PhD., was appointed by the i-GATE board of directors in October 2022 to lead i-GATE through a period of new growth, including the reopening of Daybreak Labs startup incubator which was severely affected by the Covid-19 pandemic.
While i-GATE no longer requires City staff to serve in a leadership capacity for the organization, City funding is still needed to support i-GATE's entrepreneur development activities, specifically the operation of Daybreak Labs startup incubator.
On September 27, 2023, the City of Livermore entered into a two-year Grant Agreement with i-GATE Development Corporation for entrepreneurial support and development activities. The grant agreement provides financial support and certainty for i-GATE as it reestablished Daybreak Labs and continues 25 offering training, networking, and branding initiatives that support the growth of the local innovation economy. The current grant agreement is set to expire on June 30, 2025.
The attached two-year grant agreement (Exhibit A to the Resolution) will provide financial support and certainty for i-GATE as it continues to grow Livermore's innovation economy by offering training, networking, and branding initiatives.
DISCUSSION
In 2009, the State office known at the time as the Governor's Office of Economic Development (GO-ED) issued a call for proposals to establish a network of innovation hubs, or "iHubs", throughout California.
The City of Livermore, Lawrence Livermore National Laboratory, and Sandia National Laboratories-CA collaborated to submit a proposal that included dozens of additional partners spanning government, industry, and academia. The proposal was titled "Innovation for Green Advanced Transportation Excellence" (i-GATE), and focused on commercialization of advanced energy and transportation technologies from Livermore's two national labs, leading to high quality job creation and investment in the local innovation economy.
The proposal was accepted by GO-ED and i-GATE was named one of the first six iHubs under the new state program. Shortly after the designation was received, it became clear that the State did not intend to provide any financial support for the iHub program.
i-GATE's local partners, including the City of Livermore, agreed to provide the necessary financial support to advance the initiative's programs, particularly the establishment of an independent non-profit startup incubator, which opened in June of 2011.
From 2014 to October 2022, City staff member Brandon Cardwell served as executive director of i-GATE in addition to his role with the City. In October of 2022, Yolanda Fintschenko, PhD., was hired as i- GATE's first independent executive director. Dr. Fintschenko's task was to operationalize the new Daybreak Labs facility at 7683 Southfront Road, which is a business incubation facility focused on serving life sciences and "deep tech" startups, including those working on commercializing technologies focused on climate, energy, agriculture, materials, and other scientific disciplines. Additionally, i-GATE conducts entrepreneurial training, under the banner Startup Tri-Valley.
The City has provided ongoing financial support for i-GATE's incubation and programming activities, supporting over 50 startup companies throughout the organization's history. These activities have resulted in the creation of hundreds of jobs across the region and investment of over $440 million in follow-on funding in local startups supported by i-GATE's incubator, Daybreak Labs.
These activities have also included a variety of business events, including the annual Tri-Valley Life Sciences Summit, AI Summit, Life Sciences and AI Speaker Series, Climate and Energy tech events, Daybreak Labs Lunch and Learns for startup founders, and many events connecting startups to funding and to the local talent pipeline. i-GATE also hosts the Startup Tri-Valley podcast, highlighting local entrepreneurs and investors. i-GATE is required to report annually on its various grant activities, including Daybreak Labs operations, events, entrepreneurial support programs, and promotions. The 2023-24 report can be found in Attachment 1.
City funding is required to support i-GATE's entrepreneur development activities. On September 27, 26 2023, the City of Livermore entered into a two-year Grant Agreement with i-GATE Development Corporation, which will expire on June 30, 2025. The two-year agreement for Fiscal Years 2025-26 and 2026-27 will provide up to $300,000 each year in financial support for i-GATE as it continues to reestablish Daybreak Labs and offer training, networking, and branding initiatives that support the growth of the local innovation economy.
FISCAL AND ADMINISTRATIVE IMPACTS
$300,000 has already been budgeted in the City's General Fund (Fund 001) for FY 2025-26 and FY 2026-27.
COMMUNITY PILLAR
2: Economy That Prospers
GOAL
3: Encourage an innovation driven economy
ATTACHMENTS
1. Annual Report 2023-2024
2. Resolution
3. Exhibit A - Grant Agreement
Prepared by: Theresa de la Vega
Management Analyst II
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
27 ANNUAL
REPORT
2 0
2 3
-
2 0
2 4
Photo by Spencer Toy
ATTACHMENT 1
28 About Us
i-GATE was founded in 2010 to
help science-based startups
succeed in the Tri-Valley.
i-GATE Innovation Hub is a non-profit organization focused on increasing economic prosperity through entrepreneurship in the Tri-Valley. i-GATE provides startup incubation resources through Daybreaks Labs and connects the regional innovation ecosystem through the Startup Tri-Valley initiative. To learn more, visit igatehub.org.
i-GATE Annual Report 2023-2024
Photo by Spencer Toy
ATTACHMENT 1
29 i-GATE Annual Report 2023-2024
Our
Vision
Our
Mission
Help science-based
startups start and
succeed in the Tri-Valley.
Brand the Tri-Valley region as a
top location to start and grow
science-based startups.
1 Provide low cost lab space, tools,
and expertise that early stage
companies need to launch.
2 Create a fly-wheel of early, mid,
and later stage companies to fuel
a vibrant and diverse economy
that supports knowledge, trade,
and service workers.
3 Photo by Spencer Toy
ATTACHMENT 1 30
How We Do It
i-GATE Annual Report 2023-2024
STARTUP TRI-VALLEY INITIATIVE
PROVIDES
Awareness
Recognition
Connectivity
For our region.
DAYBREAK LABS PROVIDES
Facilities
Access to funding & capital
Expertise
To reduce technical risk for
science-based startups that need
lab space and equipment to
launch.
City of Dublin Mayor
Melissa Hernandez
Welcoming Attendees to
the 2024 Tri-Valley AI
Summit
ATTACHMENT 1
31 i-GATE Annual Report 2023-2024
Our Team
Board Chair
Elsie Quaite-Randall, PhD, MBA, has
served the past four plus years
ensuring that the innovative
technologies developed at Lawrence
Livermore National Laboratory (LLNL)
have the maximum possible impact on
the local, regional and national
economy through effective IP asset
protection, technology licensing,
industry engagement and new
venture formation.
Executive Director
Yolanda Fintschenko, PhD, is a scientist
who began creating marketing strategies
to sell products to scientists and
engineers in 2015 having cofounded two
businesses, Fixate.IO and
FounderTraction. Prior to this she served
as director of marketing and sales for
Labsmith, marketing manager for Thermo
Fisher Scientific, and a manager and
scientist at Sandia National Labs.
Yolanda
Fintschenko, PhD
Meryem
Rqibate, MD
Vice Mayor Bob
Carling, PhD
Executive Director Board ChairOps Director
Mayor Melissa
Hernandez
Board Member
Councilmember
Julie Testa
Caylin Howard,
SANDIA
Board memberBoard Member
Elsie-Quaite
Randall ,PhD,
MBA, LLNL
Councilmember
Newell Arnerich
Board Member
David Haubert,
Alameda County
Supervisor
Vice-Chair
Board Member
ATTACHMENT 1 32
i-GATE Annual Report 2023-2024
Our Companies
Daybreak companies were
attracted to our location because
founders or key team members
live in or east of the Tri-Valley.
We hosted 11 companies this
fiscal year across medical
diagnostics, medical devices,
therapeutics, deep tech and
climate technology.
TWENTYTWENTY
THERAPEUTICS
RUSHNU
Contact lenses as
diagnostics &
therapeutics
VEDA BIO ENCELLIN
FIRTILITY/PHOENIX
BIOSYSTEM
Rapid diagnostics
Carbon capture
Cell encapsulation for
cell-based therapeutics
Cancer diagnostics
AGEISBIO
Therapeutics for
age-related
disease
2023-2024 Companies Growing in the Tri-Valley
Moved to private
space in Livermore
in September 2023.
Moved to private
space in Pleasanton
in September 2023.
Clarica
Genomics
ZeroAvia
Hydrogen for
clean aviation
Moved to private
space in Livermore
in March 2024.
Bright Silicon
Technologies
Hydrogen for
clean aviation
Move to private
space in Livermore
in July 2024.
Biodegradable
batteriesLiquid biopsy diagnostic Microgrid tech
CRITICAL LOOP
MAGVOLTS ENERGY,
INCCLARICA GENOMICS
ATTACHMENT 1
33 i-GATE Annual Report 2023-2024
Who We're Attracting
The challenge: to provide the
shared space, private space,
tissue culture, chemical hood,
and engineering, and capital
resources to support these
companies in Livermore until they
are in a position to acquire their
own space in the 2500-10,000
sq. foot range.
Companies expressing interest in
space at Daybreak Labs cover a
wide swathe of industries
including therapeutics, medical
technology, disease diagnostics,
life sciences tools, autonomous
industrial tools, biomanufacturing,
fabrication tools, and climate
tech.
Med tech
Autonomous industrial
vehicles
Climate tech
Therapeutics Life sciences tools
Biomanufacturing
Disease diagnostics Advanced Manufacturing
ATTACHMENT 1
34 Daybreak Labs opened in its new location at 7683 Southfront Rd, Ste. 230 in Livermore on October 1, 2022. In the 9 months remaining of the 2022-2023 FY, we onboarded 7 companies. In 2023-2024 FY, we saw 2 of these companies move to private space in the Tri-Valley and onboarded 4 more companies. One of the original 2022 companies, TwentyTwenty Therapeutics closed its doors May 2024, and Firtility/Phoenix Biosystems has left Daybreak Labs while waiting for follow on funding. The two Kickstart recipients awarded in October 2024 have delayed starting until their initial funding raise and are not yet counted as Daybreak Labs members. As of June 2024, they have not raised sufficient money to start and are currently working while saving money and reapplying for grant and pre-seed funds.
STARTUP FUNDING - >$40M raised in 2023
Since joining, two early stage companies have raised funding, including a seed round and series A round.
JOB CREATED AND SUPPORTED - 21
WORKFORCE DEVELOPMENT
Daybreak Labs companies, with neighbors S2 Genomics and alumni Buzzkill Labs, hosted a teacher externship through Bay Area LEED in June 2023 and ROP class field trip in October 2023. i-GATE also hired a Las Positas college intern who started June of 2024.
Daybreak Labs KPIs
i-GATE Annual Report 2023-2024
ATTACHMENT 1
35 Startup Tri-Valley KPIs
i-GATE Annual Report 2023-2024
Events
Branding the Tri-Valley as the place to start science-based startups August 29, 2023 IN PERSON EVENT
> 350 attendees
2 new events (AI Series)
21 sponsors, 12 new
ATTACHMENT 1
36 Startup Tri-Valley KPIs
i-GATE Annual Report 2023-2024
Events, Continued
Branding the Tri-Valley as the place to start science-based startups October 18, 2023 IN PERSON
AI SERIES
April 17, 2023 IN PERSON
JUNE 26, 2024 IN PERSON
ATTACHMENT 1
37 https://startuptrivalley.org/podcast/
Benchmarks
5 episodes this FY
>1700 downloads (all time)
388 DL this FY
Tri-Valley Audience
37% of audience from the Tri-Valley
11% of audience from Silicon Valley and San Francisco
Startup Tri-Valley KPIs
i-GATE Annual Report 2023-2024
Podcast
Branding the Tri-Valley as the place to start science-based startups 4 Seasons, 19 Episodes
ATTACHMENT 1
38 Startup Tri-Valley KPIs
i-GATE Annual Report 2023-2024
Press
Branding the Tri-Valley as the place to start science-based startups GOAL: Earned articles in Tri-Valley and East Bay media outlets.
ACHIEVED: 14 news articles in the last FY year.
Recent Articles from Pleasanton Weekly and SF Biz Times ATTACHMENT 1
39 Startup Tri-Valley KPIs
i-GATE Annual Report 2023-2024
DIGITAL AUDIENCE GROWTH
Branding the Tri-Valley as the place to start science-based startups FY Ending June 30, 2024 compared to FY Ending June 30, 2023 Daybreak Labs LinkedIn Showcase
555 Total followers
329 in last year
46% YOY Growth
Startup Tri-Valley LinkedIn Showcase
889 Total followers
261 New followers in the last 365 days
42% YOY growth
Newsletter mailing list
628 new contacts
118% YOY Growth
ATTACHMENT 1
40 Progress
i-GATE Annual Report 2023-2024
GOAL: Evaluate our Kickstart Program applicants
2 recipients awarded
GOAL: Continue events and podcast for Startup Tri-Valley 4 events this FY, 2 new
5 podcasts recorded this FY
GOAL: Hire intern to dedicate to Startup Tri-Valley campaigns A Las Positas College intern started at i-GATE on June 3, 2024. Her internship is funded through the Learning-Aligned Employment Program (LAEP). 90% salary will be reimbursed through this program.
GOAL: Add needed lab and other equipment to support current and future companies
Battery back up for freezers added in Aug. 2023
$200K of lab equipment acquired for $80K
GOAL: Secure resources to expand space to offer private labs through Daybreak Labs
We continue to work with the cities in the Tri-Valley to secure space
GOAL: Connect Daybreak Alums, local founders and experienced operators to new Daybreak Labs companies.
We have doubled our advisor network
GOAL: Expand our investor network
We have added expanded our investor network to include climate tech investors
GOAL Demonstrate deal flow
We average 50% capacity.Our goal is to average 70-80%.
ATTACHMENT 1
41 Summary
i-GATE Annual Report 2023-2024
We average 50% company capacity and 26 % of our rent costs at Daybreak Labs. Four companies have moved from Daybreak Labs and are now leasing space in Livermore and Pleasanton. We also raised $25K in additional recurring funds from County Supervisor Haubert’s office.
The funding picture for early stage companies is bleak. For this reason, we applied for two prizes, the DOE EPIC Prize for our climate tech EcoIgniter Program, and the SBA Growth Accelerator Fund competition. Neither were awarded. This money would be used to offer scholarships for startups to help them cover business formation costs and basic reagents. We are seeking corporate sponsorship to cover this program, workforce development activities such as internships, and ecosystem building events and programming.
We have one key partner, Kilpatrick Townsend, who is supporting us with content and funds for lunch and learns. In addition, they have offered a Kickstart Program where they will offer free, low cost, and delayed cost legal services including company formation, IP, and stock option structuring to very early stage companies. This program is by application only. We announced 2 recipients in Oct. 2024. The first awardee will start July 8, 2024.
ATTACHMENT 1
42 FUNDING
i-GATE Annual Report 2023-2024
PRIZES
DOE Eco-Igniter Prize Submission - not funded
EDA GAFC Prize Submission - not funded
GRANTS
LAEP PROGRAM - Hired LPC intern (90% salary reimbursed)
PROGRAM EARMARKS
$3M Earmark for Workforce Development Facility submitted by City of Livermore going forward from Rep. Swalwell to House Appropriations Committee
CORPORATE SPONSORSHIP
Startup Tri-Valley Events
Daybreak Labs events
GOAL: Expand corporate support to organization, not just events ATTACHMENT 1
43 What Next?
i-GATE Annual Report 2023-2024
Key steps to attract and support early stage science-based startups include:
Adding more equipment to support current uses and attract more biotechnology, chemistry, and engineered device companies; offering a scholarship to early stage founders so they can collect data and attract pre- seed investor money;
Acquiring or attracting second stage space for private lab space on the order of 150-3000 sq. feet for early stage companies to allow them to grow and gain independence while still using Daybreak Labs resources; Maximizing community impact through partnerships with Las Positas College to embed i-GATE activities in campus life through events, internships, and other workforce development activities.
ATTACHMENT 1
44 T R I V A L L E Y
STARTUP
Next
Steps
i-GATE Annual Report 2023-2024
Phone Number
925 231-2333
Email Address
[email protected]
Website
daybreaklabs.io
startuptrivalley.org
igateihub.org
Demonstrate deal flow
Secure philanthropic and grant
funding to support founders,
workforce development, and
ecosystem building activities.
Secure resources to expand space to
offer private labs through Daybreak
Labs
Increase community awareness using
outreach
Social media (Instagram)
In person or video briefings
Expand Startup Tri-Valley events
Increase involvement of Las
Positas College community
Add emerging topics like climate
tech and advanced manufacturing
Add needed lab and other equipment
to support current and future
companies
Formalize the connections between
Daybreak Alums, local founders and
experienced operators to new
Daybreak Labs companies and
founders.
ATTACHMENT 1
45 Daybreak
Labs
Company
Profiles
i-GATE Annual Report 2023-2024
daybreaklabs.io
ATTACHMENT 1
46 ENCELLIN
i-GATE Annual Report 2023-2024
SNAPSHOT
https://www.encellin.com/
Encellin develops a novel
thin-film cell encapsulation
device for cell-based
therapeutics.
Total funding amount: $5.9M
Stage: Seed
Crunchbase Profile:
https://www.crunchbase.com
/organization/encellin
Khosla Ventures, YC, and
Sandhill Angels backed
WHY DAYBREAK?
Located near a key team
member. Team needs access
to BSL2 facilities.
Encellin COO and co-
founder Grace Wei, PhD
and CEO and co-founder
Crystal Nyitray, PhD.
CURRENT LOCATION:
Private space in Pleasanton
ATTACHMENT 1
47 AgeisBio
SNAPSHOT
AegisBio develops
therapeutics for age-related
diseases.
WHY DAYBREAK LABS?
The workforce lives in the
Tri-Valley.
The company needs access
to a tissue culture suite and
BSL2 lab to reduce technical
risk.
AgeisBio team Aditi
Malu, PhD and John
Stattler, JD
i-GATE Impact Report 2023-2024
Company Profiles
CURRENT STATE:
DAYBREAK LABS MEMBER
ATTACHMENT 1
48 RUSHNU
SNAPSHOT
https://rushnu.com
Rushnu decarbonizes heavy
industry through a
proprietary carbon capture
process.
WHY DAYBREAK LABS?
The founder lives in
Pleasanton and needs access
to a lab bench and chemical
fume hood to reduce
technical risk of his product.
Rushnu founder Matin
Hanifzadeh, Ph.D
Photo by Spencer Toy
i-GATE Impact Report 2023-2024
Company Profiles
CURRENT STATE:
DAYBREAK LABS MEMBER
ATTACHMENT 1
49 Magvolts Energy
SNAPSHOT
Magvolts Energy is a pre-
pre-seed biodegradable
battery company.
WHY DAYBREAK LABS?
Founder Irene Chen chose
Daybreak Labs for its
affordability, location,
supportive community, and
lab and founder resources.
Irene Chen, PhD,
Founder,
Magvolts Energy
i-GATE Impact Report 2023-2024
Company Profiles
CURRENT STATE:
DAYBREAK LABS MEMBER
ATTACHMENT 1
50 Clarica Genomics
SNAPSHOT
Clarica Genomics is a liquid
biopsy-based cancer
diagnostics company.
WHY DAYBREAK LABS?
Founder Austin So lives in
Pleasanton. He chose
Daybreak Labs for its
affordability, location, BSL2
lab space, supportive
community, and founder
resources.
Austin So, PhD, Founder,
Clarica Genomics
i-GATE Impact Report 2023-2024
Company Profiles
CURRENT STATE:
DAYBREAK LABS MEMBER
ATTACHMENT 1
51 Critical Loop
SNAPSHOT
Critical Loop overs battery
microgrid solutions to
buildings.
WHY DAYBREAK LABS?
Daybreak Labs Advisor and
current Critical Loop head of
Customer Relations is located
in Livermore. Critical Loop
founders are i-GATE Alumni.
Drew Felker,
Head of Customer Relations
Critical Loop
i-GATE Impact Report 2023-2024
Company Profiles
CURRENT STATE:
DAYBREAK LABS MEMBER
ATTACHMENT 1
52 VedaBio
SNAPSHOT
Veda Bio, Formerly Lab
Simply is working on a rapid
point of care diagnostic.
Crunchbase Profile:
https://www.crunchbase.com
/organization/labsimply
$40M Series A
WHY DAYBREAK?
Located near key team
members. Team needs
access to BSL2 facilities.
VedaBio scientists at
work in Daybreak Labs.
Photo by Spencer Toy
CURRENT LOCATION:
Private space in Livermore
i-GATE Impact Report 2023-2024
Company Profiles
ATTACHMENT 1
53 ZeroAvia
SNAPSHOT
ZeroAvia creates hydrogen
engines for clean aviation.
WHY DAYBREAK LABS?
Desire to be close to the
Livermore Airport while they
find private space in
Livermore.
Parker Bryant, Head of
Product at ZeroAvia,
with colleague Gurjap
Singh, PhD
CURRENT LOCATION:
Private space in Livermore
i-GATE Impact Report 2023-2024
Company Profiles
ATTACHMENT 1
54 Bright Silicon
Technologies
SNAPSHOT
Bright Silicon Technologies is
a DoD-funded
communications deep tech
company.
WHY DAYBREAK LABS?
Livermore residents and
founders, Bob and Cindy
Panas, chose Daybreak Labs
for its affordability, location,
supportive community, and
lab and founder resources.
Ryan Lee with co-
founders Cynthia Panas
and Robert Panas, Bright
Silicon Technologies
CURRENT LOCATION:
Private space in Livermore
i-GATE Impact Report 2023-2024
Company Profiles
ATTACHMENT 1
55 PHOENIX BIOSYSTEM
SNAPSHOT
Cancer diagnostics
Funding: NIH
Amouont: Undisclosed
WHY DAYBREAK?
Phoenix Biosystem was at
the downtown site and
moved into our new location
in Nov. 2022. They moved
with us because they need
lab space suitable for BSL1
and BSL2 work. The founder
is a Pleasanton resident.
A Phoenix Biosystems
scientist working in
Daybreak Labs.
Photo by Spencer Toy
CURRENT STATE:
Waiting for NIH SBIR grant
to continue work
i-GATE Impact Report 2023-2024
Company Profiles
ATTACHMENT 1
56 TWENTY/TWENTY
SNAPSHOT
https://twentytwenty.com/
Twenty/Twenty Therapeutics
focuses on harnessing the
convergence of AI and
microelectronics to treat eye
diseases.
Twenty/Twenty Therapeutics
is a joint venture between
Verily Life Sciences, an
Alphabet company, and
Santen Pharmaceutical, a
leading Japanese
ophthalmology company.
Crunchbase Profile:
https://www.crunchbase.com
/organization/twenty-twenty-
therapeutics
WHY DAYBREAK?
Location. Daybreak Labs is
close to a key employee who
lives in the Tri-Valley. The
company headquarters is in
South SF.
A Twenty/Twenty
Therapeutics scientist
examining materials at
Daybreak Labs.
Photo by Spencer Toy
CURRENT STATE:
The company shutdown May 2024
i-GATE Impact Report 2023-2024
Company Profiles
ATTACHMENT 1
57 Rev. 04.2025 1 RESOLUTION NO. ________
IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA
A RESOLUTION AUTHORIZING THE EXECUTION OF A GRANT
AGREEMENT WITH i-GATE DEVELOPMENT CORPORATION FOR
FISCAL YEARS 2025-2026 AND 2026-2027,
IN THE AMOUNT OF UP TO $300,000 FOR EACH FISCAL YEAR
In 20 09, the State office then known as the Governor’s Office of Economic Development (GO-ED) issued a call for proposals to establish a network of innovation hubs, or “iHubs,” throughout California. The City of Livermore, Lawrence Livermore National Laboratory , and Sandia National Laboratories -CA collaborated to submit a proposal that included dozens of additional partners spanning government, industry, and academia. The proposal was titled “Innovation for Green Advanced Transportation Excellence” (i-GATE) and was focused on commercialization of advanced energy and transportation technologies from Livermore’s two national labs, with a goal of high - quality job creation and investment in the local innovation economy.
The proposal was accepted by GO -ED, and i -GATE was named one of the first six iHubs under the new state program. Shortly after the designation was received, it became clear that the State did not intend to provide any financial support for the iHub program. i-GATE's local partners, including the C ity of Livermore, agreed to provide the necessary financial support to advance the initiatives and programs, particularly the establishment of an independent non -profit startup incubator called Daybreak Labs, which opened in June of 2011.
Since that time, the City has provided ongoing financial support for i -GATE's incubation and programming activities, supporting over 50 startup companies throughout the organization’s history. These activities have resulted in the creation of hundreds of jobs across the region and investment of over $440 million in follow on funding for local startups supported by Daybreak Labs. Additionally, i -GATE conducts entrepreneurial training, regional branding, and networking building activities under the banner Startup Tri-Valley.
The two-year grant agreement between i -GATE and the City for Fiscal Year s 2025-2026 and 2026 -2027 is required to financially support i -GATE’s incubation and programming activities (the “Agreement”).
The Agreement supports the City’s Economic Development Goals and Policies that seek to ensure economic vitality, attract new business, encourage an innovation economy, and create more startup activity.
The Agreement will continue to formalize roles and responsibilities of the parties, deliverables provided by i-GATE to the City, and grant activities to be completed during the grant term.
58 Rev. 04.2025 2 RESOLUTION NO. ________ NOW, THEREFORE, B E IT RESOLVED by the City Council of th e City of Livermore, that it hereby authorizes the Ci ty Manager, or her designee, to execute the Agreement with i-GATE Development Corporation, attached to this resolution as Exhibit A, for Fiscal Years 2025-2026 and 2026-2027 in the amount of up to $300,000 for each fiscal year.
On motion of Council M ember ______________________, seconded by Council Member ______________________, the foregoing r esolution was passed and adopted on June 23, 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Katherine Mirassou
Deborah L. Elam Katherine Mirassou
City Clerk Assistant City Attorney
Exhibit A – Grant Agreement
59 EXHIBIT A
60 EXHIBIT A
61 EXHIBIT A
62 EXHIBIT A
63 EXHIBIT A
64 EXHIBIT A
65 EXHIBIT A
66 EXHIBIT A
67 EXHIBIT A
68 EXHIBIT A
69 EXHIBIT A
70 CITY COUNCIL STAFF REPORT
ITEM NO. 5.4
DATE:
June 23, 2025
TO:
Honorable Mayor and City Council
FROM:
Anwan Baker, Library Director
SUBJECT:
Resolution authorizing a purchase order to Baker & Taylor Books for purchases of library books and related materials in FY 2025-26, in an amount not-to-exceed $240,000.
RECOMMENDED ACTION
Staff recommends the City Council adopt a resolution authorizing the City Manager to execute a purchase order to Baker & Taylor Books for FY 2025-26 purchases of library books and related materials, not-to-exceed $240,000.
SUMMARY
Ordering books from Baker & Taylor Books saves significant staff time because their software closely interfaces with the Library’s Sierra Integrated Library Software (ILS). Through this interface, staff can place book orders electronically and download the catalog records that are needed to check out these books to library patrons. In addition, Baker & Taylor offers customized pre-processing of books, resulting in items being available for patrons to check out much sooner than they would be otherwise.
DISCUSSION
Baker & Taylor Books specializes in providing books for sale to libraries. This vendor has tailored its order process to make the library workflow as simple as possible. Since the Livermore Public Library (Library) purchases thousands of books each year, the order and receiving process must be simple and fast. The Library’s Sierra Integrated Library Software (ILS) includes a feature called “One-Click Marc.” With “One-Click Marc,” the Library can order materials electronically through Baker & Taylor Books and seamlessly download the catalog records needed to check out these items to library patrons. This feature saves many hours of staff time throughout the year during the order and receiving process.
In addition, Baker & Taylor Books offers customized pre-processing. This means that the Library can pay for the most popular books to arrive shelf ready, complete with Livermore Public Library labels, call number labels, and barcodes. This saves significant staff time and results in items being available for patrons to check out much sooner than they would be otherwise. 71 Per the Livermore Municipal Code (LMC) 2.68.370 noncompetitive negotiations may be used to select a vendor “where it is determined that the supplies and equipment are unique or available only from one source” or “if there is no competitive advantage to be gained by soliciting bids.” While the Library purchases materials from a variety of vendors, it saves staff time and increases patron service to purchase from Baker & Taylor Books when they have the needed items. Furthermore, Baker & Taylor Books offers libraries a significant discount, 40% off list price for most items.
FISCAL AND ADMINISTRATIVE IMPACTS
Funds for the purchase of these books and related materials are included in the FY 2025-26 budget.
COMMUNITY PILLAR
1: A Safe Community That Thrives
GOAL
12: Promote literacy in all its forms to help residents fulfill their life goals and be more active community members
ATTACHMENTS
1. Resolution
Prepared by: Allen McFarland
Management Analyst II
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
72 1 RESOLUTION NO. _____
IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA
A RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE
ORDER WITH BAKER & TAYLOR BOOKS FOR PURCHASES OF
LIBRARY BOOKS AND RELATED MATERIALS IN AN AMOUNT
NOT-TO-EXCEED $240,000
Ordering books from Baker & Taylor Books saves significant City of Livermore (“City”) staff time because their software closely interfaces with the Livermore Public Library’s (“Library”) Sierra Integrated Library Software (ILS). Through this interface, City staff can place book or ders electronically and download the catalog records that are needed to check out these books to library patrons. In addition, Baker & Taylor Books offers customized pre-processing of books, resulting in items being available for patrons to check out much sooner than they would be able to otherwise.
The Livermore Municipal Code (LMC) 2.68.370(B) states that noncompetitive negotiations may be used to select a vendor “where it is determined that the supplies and equipment are unique or available only from o ne source” or “if there is no competitive advantage to be gained by soliciting bids.”
While the Library purchases materials from a variety of vendors, it saves City staff time and increases patron service to purchase from Baker & Taylor Books when they have the desired items. Furthermore, Baker & Taylor Books offers libraries a 40% discount off the list price for most items.
NOW, THEREFORE, B E IT RESOLVED by the City Council of th e City of Livermore, that it hereby:
1. Authorizes the City Manager to execut e a purchase order between the City of Livermore and Baker & Taylor Books for the purchase of books and related materials for circulation to the public in fiscal year 202 5-26, in an amount not- to-exceed $240,000.
2. Authorizes the City Manager to take whatev er actions are necessary and appropriate to carry out the purpose and intent of this resolution.
On motion of Council M ember ______________________, seconded by Council Member ______________________, the foregoing r esolution was passed and adopted on June 23, 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
73 2 RESOLUTION NO. _____
ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Daniel R.Gonzales
Deborah L. Elam Daniel R. Gonzales
City Clerk Deputy City Attorney
74 CITY COUNCIL STAFF REPORT
ITEM NO. 5.5
DATE:
June 23, 2025
TO:
Honorable Mayor and City Council
FROM:
Tina Olson, Administrative Services Director
SUBJECT:
Resolution establishing the Appropriations Limit consistent with State law for FY 2025-
26. RECOMMENDED ACTION
Staff recommends the City Council adopt a resolution establishing the Appropriations Limit for FY 2025-
26. SUMMARY
Article XIIIB of the California Constitution, restricts the amount of government revenues defined as “proceeds of taxes” which may be appropriated in any fiscal year. The Article allows adjustments to the limit for cost of living and population changes. The City’s FY 2025-26 annual appropriation limit is $472,441,631. The City’s appropriations subject to the limit are $135.4 million which is well below the calculated $472.4 million. Adoption of the resolution will approve the City’s FY 2025-26 annual appropriation limit of $472,441,631.
DISCUSSION
Article XIII B of the California State Constitution was approved by California voters effective in 1980. Also known as the Gann Spending-Limitation Initiative, this article is actually a limitation on tax revenues rather than a direct limitation on appropriations. All proceeds from taxes received in excess of the appropriations limit are required to be returned through refund or revisions in tax rates.
The City of Livermore’s Appropriations Limit is based upon FY 1978-79 appropriations which have been adjusted each year based on changes in population and inflation factors. Effective in FY 1990-91, Proposition 111 and SB 88 (Chapter 60/90) modified the manner in which the Appropriations Limit is calculated by providing alternative adjustment factors intended to make the Appropriations Limit more responsive to local growth issues and requires the annual election of a cost-of-living adjustment factor and a population factor. The population factors may be either the change in city population or change in county population. The cost-of-living factors may be either the change in California per capita income or the change in City of Livermore non-residential new construction valuation. Typically, an agency selects 75 the factors which provide for the largest growth to the limit.
Staff calculated the City’s FY 2025-26 appropriations limit using inflation and population factors provided by the California State Department of Finance and the City’s property tax consultants, HDL. For FY 2025-26, staff chose the County’s change in population as it is larger than that change within the City.
Staff chose the percentage change in California’s per capita income as the cost-of-living factor because it exceeded the City’s change in assessed value of new non-residential construction in the preceding year.
Based on the above calculation factors, the Limit of Appropriations for FY 2025-26 is $472,441,631.
Appropriations subject to this limit are $135,417,087. A summary of the city’s appropriation limit, population, and cost-of-living factors over the last twenty years is provided in Exhibit A of the resolution.
FISCAL AND ADMINISTRATIVE IMPACTS
There is no budget impact associated with the recommendation. The FY 2025-26 adopted expenditure budget is well within the Appropriation Limit of $472,441,631 .
COMMUNITY PILLAR
5: A City That Works
GOAL
16: Help preserve public resources and the community's confidence in the City's governance and operation by ensuring the City fulfills its legal obligations and makes well-informed policy decisions
ATTACHMENTS
1. Resolution
2. Exhibit A - FY 2025-26 Appropriation Limit
Prepared by: Erik Peterson
Finance Manager
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
76 1 RESOLUTION NO.________
IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA
A RESOLUTION ESTABLISHING THE APPROPRIATIONS LIMIT
FOR FISCAL YEAR 2025-26
The Gann Limit initiative approved by the voters of the State of California on November 6, 1979 , and a subsequent amendment approved by the voters on June 6, 1990, ( Propositions 4 and 111 , respectively, codified as Government Code Sections 7900, et seq. ), place various limitations on the fiscal powers of state and local government. As a result, the governing body of each local jurisdiction must establish an annual appropriations limit.
Government Code Section 7901(b) provides that the City Council may choose to use the change i n population within the City of Livermore (“City”) or within Alameda County to calculate the appropriations limit.
Furthermore, California Constitution Article XIII B, Section 8(e)(2) provides that the City Council must select either of the following to calculate the change in cost of living to be used to determine the appropriations limit:
1. The percentage change in California per capita personal income from the preceding year; or
2. The percentage change in the local assessment roll from the preceding year for the City due to the addition of local non-residential new construction.
As required by Government Code Section 7910, the City posted public notice of its intent to adopt a resolution establishing an appropriations limit at its regula rly scheduled meeting on Ju ne 23, 2025. The public notice stated that the documentation used to determine the appropriations limit was available for public inspection.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that:
1. The change in population within the County of Ala meda was selected to calculate the City’s appropriations limit for Fiscal Year 2025-26;
2. The percentage change in California per capita personal income from the preceding year was selected to calculate the City’s appropriations limit for Fiscal Year 2025-26; and
3. Using the formula set forth in Government Code section 7900, et seq., the appropriations limit for Fiscal Year 20 25-26 for the City of Liver more is established at $472,441,631 as set forth in Exhibit A, attached to this resolution. 77 2 RESOLUTION NO.________
On motion of Counc il Member ________________ __________, seconded by Council Member ___________________________, the foregoing resolution was passed and adopted on June 23, 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Jason R. Alcala
Deborah L. Elam Jason R. Alcala
Acting City Clerk City Attorney
Exhibit A – Appropriations Limit FY 2025-26
78 Cost-of-Living Population Ratio o f Appropriations Appropriations Year of Limit Factor ** Factor *** Change Limit Subject to Limit Variance FY 2006-07 6.78% 1.39% 1.0826 $129,808,537 $49,354,549 $80,453,988 FY 2007-08 4.42% 1.32% 1.0580 $147,883,090 $52,286,879 $95,596,210 FY 2008-09 5.85% 1.32% 1.0725 $147,883,090 $52,286,879 $95,596,210 FY 2009-10 7.49% 1.25% 1.0884 $160,959,709 $52,205,834 $108,753,875 FY 2010-11 -1.18% 1.10% 0.9991 $160,818,675 $45,302,801 $115,515,874 FY 2011-12 2.51% 0.97% 1.0350 $166,454,513 $46,488,786 $119,965,727 FY 2012-13 16.47% 1.05% 1.1769 $195,898,928 $49,307,270 $146,591,658 FY 2013-14* 23.36% 1.21% 1.2490 $244,677,761 $67,044,881 $177,632,880 FY 2014-15 4.87% 1.74% 1.0669 $261,046,703 $77,044,976 $184,001,727 FY 2015-16 3.82% 1.39% 1.0526 $274,777,760 $72,336,243 $202,441,517 FY 2016-17 5.37% 2.05% 1.0753 $295,468,759 $76,706,573 $218,762,186 FY 2017-18 3.69% 1.63% 1.0538 $311,365,413 $68,632,305 $242,733,108 FY 2018-19 9.35% 1.06% 1.1051 $344,087,147 $67,435,856 $276,651,291 FY 2019-20 6.20% 0.75% 1.0700 $368,161,204 $74,420,994 $293,740,210 FY 2020-21 4.22% 0.46% 1.0470 $385,462,616 $78,774,574 $306,688,042 FY 2021-22 5.73% 0.15% 1.0589 $408,160,948 $76,546,934 $331,614,014 FY 2022-23 8.58% -0.62% 1.0791 $440,433,435 $105,628,659 $334,804,776 FY 2023-24 4.44% -0.47% 1.0395 $457,826,732 $108,965,618 $348,861,114 FY 2024-25 3.62% -0.48% 1.0312 $472,122,939 $111,838,575 $360,284,364 FY 2025-26 6.44% 0.31% 1.0007 $472,441,631 $135,417,087 $337,024,544 *Amended June 9, 2014
*** Population Factor is the larger of the percentage change in City population versus the percentage change in County population.
City of Livermore
Appropriation Limit Last Twenty Fiscal Years
** Cost of Living Factor is the larger of the percentage change in California per capita income versus the percent change in the City of Livermore assessed value due to new non-residential construction.
EXHIBIT A
79 CITY COUNCIL STAFF REPORT
ITEM NO. 5.6
DATE:
June 23, 2025
TO:
Honorable Mayor and City Council
FROM:
Anwan Baker, Library Director
SUBJECT:
Resolution authorizing the execution of Project and Program Grant Agreements with East Bay Musical Society, Livermore Filipino American Organization, Pacific Chamber Orchestra, and SPARC Theater consistent with the City's Public Art Policy.
RECOMMENDED ACTION
The Commission for the Arts and staff recommend the City Council adopt a resolution authorizing the City Manager to execute the following Project and Program Grant Agreements:
1 .
East Bay Musical Society, in the amount of $5,000 for community musical education. 2 .
Livermore Filipino American Organization, in the amount of $10,000 for a multi-cultural festival. 3 .
Pacific Chamber Orchestra, in the amount of $10,000 for musical education and performances. 4 .
SPARC Theater, in the amount of $10,000 for the Shakespeare in the Vineyard summer program.
SUMMARY
The Commission for the Arts administers the Project and Program Grant Program, including reviewing funding applications twice per year in March and September and providing funding recommendations to the City Council for final approval. By the deadline of March 1, 2025, a total of five (5) applications were received for Project and Program funds. The Commission for the Arts and staff recommend the City Council adopt a resolution approving the execution of a Project and Program Grant Agreement with each of the following four (4) applicants: East Bay Musical Society, Livermore Filipino American Organization, Pacific Chamber Orchestra, and SPARC Theater.
DISCUSSION
In 2004, the City Council created the Public Art Fund for the purpose of funding art and cultural programming. In 2008, the City Council created the Project and Program Grant Program to provide funding from the Public Art Fund for local organizations and artists providing cultural enrichment experiences in Livermore.
The Commission for the Arts, with support from staff, administers the Project and Program Grant Program, including reviewing funding applications twice per year in March and September and providing 80 funding recommendations to the City Council for final approval. Opportunities for funding were posted on the City website and social media.
By the deadline of March 1, 2025, staff received a total of five (5) applications, which were reviewed by a subcommittee of the Commission for the Arts. The subcommittee reviewed the applications and presented its funding recommendations to the full Commission at its regular meeting on April 22, 2025.
The following four applications were recommended for funding: East Bay Musical Society, Livermore Filipino American Organization, Pacific Chamber Orchestra, and SPARC Theater.
Agency
Project
Funds Requested
Grant Recommendation
East Bay Musical Society
Community Musical
Education
$5,000
$5,000
Livermore Filipino
American Organization
Multi-Cultural Festival
$10,000
$10,000
Pacific Chamber
Orchestra
Musical Education and
Performances
$10,000
$10,000
SPARC Theater
Shakespeare in the
Vineyard Summer
Program
$10,000
$10,000
FISCAL AND ADMINISTRATIVE IMPACTS
The Project and Program Grants are funded with Public Art Fee funds (F608). Funds have been included in the FY 2024-25 and 2025-26 budgets. No further appropriation is needed at this time.
COMMUNITY PILLAR
4: Inclusive & Inviting Spaces & Places
GOAL
1: Further enhance Livermore's unique sense of place
ATTACHMENTS
1. Resolution
2. Exhibit A - East Bay Musical Society Grant Agreement
3. Exhibit B - Livermore Filipino American Organization Grant Agreement
4. Exhibit C - Pacific Chamber Orchestra Grant Agreement
5. Exhibit D - SPARC Theater Grant Agreement
Prepared by: Allen McFarland
Management Analyst II
81 Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
82 Rev. 04.2025 1 RESOLUTION NO. ________
IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA
A RESOLUTION AUTHORIZING THE EXECUTION OF PUBLIC ART
FUND PROJECT AND PROGRAM GRANT AGREEMENTS WITH EAST
BAY MUSICAL SOCIETY IN THE AMOUNT OF $5,000, LIVERMORE
FILIPINO AMERICAN ORGANIZATION IN THE AMOUNT OF $10,000, PACIFIC CHAMBER ORCHESTRA IN THE AMOUNT OF $10,000, AND SPARC THEATER IN THE AMOUNT OF $10,000
The City Council created the Public Art Fund for the purpose of funding public art and cultural programming consistent with the public art p olicy administered by the Commission for the Arts. The Project and Program Grant program was created by the City Council for use of the Public Art Fund for the purpose of encouraging programs for the cultural enrichment of the residents of, and visitors to, Livermore.
The Commission for the Arts reviews applications for the Project and Program Grant program twice per year, in March and September. The Commission for the Arts received a total of five applications for March 2025. Following a review of those f ive applications, the Commission for the Arts recommends funding four of the five Project and Program applications.
NOW, THEREFORE, BE IT RESOLVED by the City Council of th e City of Livermore, that it hereby authorizes the City Manager, or her designee, to execute the following Project and Program Grant Agreements.
1. East Bay Musical Society, in the amount of $5,000 for musical education through their choral program, Broadway Chorus, attached hereto as Exhibit A;
2. Livermore Filipino American Organization, in the amount of $10,000 for the celebration of Filipino -American culture through the Filipino Barrio Fiesta, attached hereto as Exhibit B;
3. Pacific Chamber Orchestra, in the amount of $10,000 for musical education through their “Discover Music Now” series of in-school assemblies and a full orchestra matinee at the Bankhead, attached hereto as Exhibit C;
4. SPARC Theater, in the amount of $10,000 for their Shakespeare in the Vineyard program, presenting a professional production of The Merry Wives of Windsor at Darcie Kent Vineyards, attached hereto as Exhibit D.
On motion of Council M ember ______________________, seconded by Council Member ______________________, the foregoing r esolution was passed and adopted on June 23, 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
83 Rev. 04.2025 2 RESOLUTION NO. ________
ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Daniel R. Gonzales
Deborah L. Elam Daniel R. Gonzales
City Clerk Deputy City Attorney
Exhibit A – East Bay Musical Society
Exhibit B – Livermore Filipino American Organization
Exhibit C – Pacific Chamber Orchestra
Exhibit D – SPARC Theater
84 Project and Program Grant Agreement Page 1
Rev. 10/2023
AGREEMENT BETWEEN CITY OF LIVERMORE
AND
EAST BAY MUSICAL SOCIETY
FOR FISCAL YEAR 2024-2025 AND 2025-2026
PROJECT AND PROGRAM GRANT AGREEMENT
Th
is AGREEMENT, entered into this ____ day of _____________________, 2025, between the City of Livermore, a municipal corporation (“City”), and East Bay Musical Society, a California non-profit Corporation (“Grantee”).
RE
CITALS
A. Cit
y created Project and Program Grants for the purpose of encouraging programs for the cultural enrichment in the City of Livermore.
B. T
he primary goal of the Project and Program Grant Program is to serve one or more of the main strands found in the Cultural Arts Master Plan, artsALIVE!, adopted by City Council Resolution number 2007-109 on June 11, 2007.
C. T
he Commission for the Arts reviews all Project and Program Grant applications and provides City Council with recommendations for funding. Funding is not authorized until City Council approves the Commission for the Art s’ funding recommendations evidenced by City’s signature on this agreement.
D. Gr
antee has applied to City for funding for a project or program to provide musical education through their choral program, Broadway Chorus (“Project”).
E. Cit
y wishes to engage Grantee to assist City in utilizing Public Art Fee f und money to provide art projects and programs to Livermore residents.
F. Cit
y and Grantee understand that the Project and Program Grant shall be administered consistent with the procedures, standards, regulations , and guidelines for Project and Program Grants, including the 2008 Art in Public Places Program Policy and Procedures Manual and the Cultural Arts Master Plan.
AG
REEMENT
NO
W THEREFORE, City and Grantee hereby agree that the aforementioned recitals are true and correct, and in recognition of the mutual consideration provided herein, further agree as follows:
I. SC
OPE OF SERVICE
A. A
ctivities
Grantee is responsible for administering the Project and Program Grant in a manner satisfactory to City , and consistent with the standards, terms and conditions imposed by the 2008 Art in Public Places Program Policy and Procedures Manual, Docusign Envelope ID: 14B15422-1CD9-44A5-A139-0C046785B02C
EXHIBIT A
85 Project and Program Grant Agreement Page 2
Rev. 10/2023
Cultural Arts Master Plan, and herein. The Project will include the following activities eligible under the Project and Program Grant Program: teaching music enrichment with rehearsals and ending with a polished performance.
1. Project and Program Delivery : Grantee agrees to the goals and performance standards as defined below and outlined in the Grantee’s Project and Program Grant application attached as Exhibit “A”.
2. Service Objective: Under the direction of a professional vocal instructor, members will get a unique opportunity to learn proper vocal techniques, musical theory, and practice without the pressure of auditions or prior experience, all within a fun and engaging environment. At the end of each rehearsal series, members get the chance to show what they have learned as a group to their peers and community with a live performance. (“Activities”).
3. General Administration: The Funds for the Activities are to be administered under the direction of the Grantee’s Executive Director and shall comply with the procedures, standards, regulations and guidelines for Project and Program Grants, including the 2008 Art in Public Places Program Policy and Procedures Manual and the Cultural Arts Master Plan.
B. Budget
City will grant, and Grantee will use, f unds in the amount of $5,000 (“Funds”) to perform the Activities consistent with the terms and conditions of this Agreement, the 2008 Art in Public Places Program Policy and Procedures Manual, and the Cultural Arts Master Plan.
C. Performance Monitoring
City will monitor Grantee’s performance against the project or program description outlined in the Grantee’s Project and Program Grant application attached as Exhibit “A”.
Substandard performance as determined by City will constitute non -compliance with this Agreement.
II. TIME OF PERFORMANCE
Grantee shall complete its Activities within one year of the date of execution of this Agreement. If Grantee requires an extension of time for full performance, it may request an extension from the Commission for the Arts. The decision of the Commission for the Arts shall be final.
III. PAYMENT
It is expressly agreed and understood that the total amount of the Funds available from City to Grantee for the Activities under this Agreement shall not exceed $5,000.
The City shall disburse the Project & Program Grant in three installments: 30 percent in Docusign Envelope ID: 14B15422-1CD9-44A5-A139-0C046785B02C
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advance, 40 percent once material progress can be shown and evidence of the matching grant cash requirement has been submitted, and the final 30 percent after a satisfactory Final Report has been filed. The Project & Program subcommittee of the Commission for the Arts has sole discretion to decide whether each of these milestones has been reached.
IV. NOTICES
Any notice required or permitted under the terms of this Agreement shall be effective upon receipt in writing either by personal service upon the authorized agent for the party, or by mailing the notice via U.S. Mail to the party as follows:
City: City of Livermore
Attn: Allen McFarland, Commission for the Arts Staff Liaison 1052 S. Livermore Avenue
Livermore, California 94550
Grantee: East Bay Musical Society
Attn: Denise Betegh
P.O. Box 5100
Pleasanton, CA 94566
V. GENERAL CONDITIONS
A. General Compliance
Grantee agrees to comply with the requirements of state and l ocal laws and regulations governing the Funds available under this Agreement. Grantee also agrees to comply with all additional regulations and policies issued pursuant to these regulations. Grantee further agrees to utilize the Funds available under this Agreement to supplement, rather than supplant, funds otherwise available. Furthermore, with respect to the performance of Activities under this Agreement, Grantee agrees to comply with all federal, state, and local laws, statutes, rules, and regulations pertaining to the performance of those Activities.
B. Independent Contractor
Nothing contained in this Agreement is intended to, nor shall be construed in any manner to, create or establish the relationship of employer/employee between the parties.
Grantee shall at all times remain an Independent Contractor with respect to the services to be performed under this Agreement. City shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance, and Workers' Compensation Insurance as Grantee is an Independent Contractor.
C. Hold Harmless
Grantee agrees to defend, indemnify, and hold City , its elected officials, officers, directors, employees, agents, and designated volunteers harmless from and against any and all loss, liability, damage, including reasonable attorney’s and expert fees and/or court costs, arising out of the performance of the Activities under this Agreement, except for the gross Docusign Envelope ID: 14B15422-1CD9-44A5-A139-0C046785B02C
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negligence and willful misconduct of City, its elected officials, officers, directors, employees, agents, and designated volunteers.
D. Insurance
Grantee shall procure and maintain insurance for the duration of the contract in the amounts and under the terms set forth in Exhibit “B” against claims that may arise from or in connection with this Agreement and performance of the Project. Upon reasonable written notice, Grantee shall comply with any changes in the amounts and terms of insurance as may be required from time-to-time by the City of Livermore Risk Manager.
E. City Recognition
Grantee shall acknowledge City’s financial support in all appropriate materials and media. The acknowledgment shall read, “Supported in part by a grant from the City of Livermore” or similar language, unless the City of Livermore is a part of a list of supporters. In the latter case, the acknowledgement may say only “City of Livermore.” Grantee shall display the City of Livermore’s logo whenever other sponsor logos are displayed, and in accordance with the City of Livermore’s logo use guidelines.
F. Amendments
City or Grantee may amend this Agreement at any time provided such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of both organizations . Such amendments shall not invalidate this Agreement, nor relieve or release City or Grantee from its obligations under this Agreement.
City may, in its discretion, amend this Agreement to conform with state or local laws, regulations, guidelines, or policies related to the use of the Funds for the Activities. However, if such amendments result in a change in the funding, the scope of services, or the Activities, such modifications shall be incorporated only by written amendment signed by both City and Grantee.
G. Suspension, Termination, Return of Funds
1. Termination for Cause. City may suspend or terminate this Agreement if Grantee materially fails to comply with any term or condition of this Agreement, including but not limited to, the following:
a. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statues, regulations, policies, or directives as may become applicable at any time;
b. Failure, for any reason, of Grantee to fulfill in a timely and proper manner its obligation under this Agreement;
c. Ineffective or improper use of Funds provided under this Agreement; or d. Submission by Grantee to City reports that are incorrect or incomplete in any material respect.
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City shall give Grantee written notice of any failure to comply with the Agreement.
If Grantee does not remedy the deficiency or non- compliance within fifteen (15) calendar days after the date the notice is sent, City may exercise any of the remedies available under law and equity, including but not limited to the termination of this Agreement.
Pending correction of any compliance, City shall withhold fifteen percent (15%) of the remaining Agreement Funds until Grantee corrects the deficiency , Grantee is otherwise found to be in compliance by City, or Grantee is otherwise adjudicated to be in compliance with the Agreement.
2. Termination for Convenience: This Agreement may also be terminated for convenience by either City or Grantee, in whole or in part, by giving notice of such termination, the effective date of the termination, and in the case of partial termination, the portion to be terminated. However, if in the case of a partial termination, if City determines that the remaining portion of the Funds or Activities will not accomplish the purpose for which the award was made, City may terminate the Agreement in its entirety.
Written notice of termination must be provided at least thirty (30) calendar days before the effective date of such termination.
3. Effect of Termination: In the event of termination, all finished or unfinished documents, data, studies, photographs, reports, or other materials prepared by Grantee under this Agreement shall, at City r’s option, become the property of City , and Grantee shall only be entitled to receive just and equitable compensation for any satisfactory work completed on such documents or materials prior to the termination. Any remaining Funds shall be returned to the City’s Public Art Fund for reallocation.
Termination for failure to comply with any term or condition of this Agreement may result in Grantee becoming ineligible to participate in future Commission for the Arts grant programs.
Termination for any reason shall immediately suspend the Funds available under this Agreement, terminate any claim Grantee has to such Funds , and result in Funds being immediately refunded to City for use and reallocation by City.
VI. ADMINISTRATIVE REQUIREMENTS
A. Documentation and Recordkeeping
1. Records to be Maintained: Grantee shall maintain the following records including, but not limited to:
a. Records providing a full description of each activity undertaken and the date(s) on which the activity occurred;
b. Records demonstrating that each activity undertaken meets one of the objectives of the Program & Program Grant; and
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funded by this Agreement.
2. Retention: Grantee shall retain all records pertinent to expenditures incurred in the performance of the Activities under this Agreement for a period of two (2) years after the termination of all activities funded under this Agreement.
3. Objectives: Grantee agrees to maintain documentation that demonstrates that the Activities meet one or more of the objectives of the strands identified in the Cultural Arts Master Plan.
4. Audits and Inspections : All Grantee records with respect to any matters covered by this Agreement shall be made available to City at any time during normal business hours, as often as City deems necessary, to audit, examine, and make excerpts or transcripts of all relevant data.
Any deficiencies noted in audit reports must be corrected by Grantee within thirty (30) calendar days after receipt of notice of deficiency by Grantee. Failure of Grantee to comply with the above audit requirements will constitute a violation of this Agreement and constitute cause for termination pursuant to Paragraph V.
B. Reporting and Payment Procedures
1. Payment Procedures: City will pay to Grantee Funds available under this Agreement based upon information submitted by Grantee, and consistent with the 2008 Art in Public Places Program Policy and Procedures Manual. City reserves the right to liquidate Funds available under this Agreement for costs incurred by City on behalf of Grantee.
2. Progress Reports: Grantee shall submit a Material Progress Report to the Commission for the Arts when it feels the Project has made material progress. Grantee shall also submit a Final Report when its Project Activities are complete. These reports are prerequisites to receiving the second and third grant installment payments, in accordance with Section III. The Grantee shall determine the form and content of the Progress Reports.
3. Quarterly Revenue and Expense Reports : Grantee shall submit Quarterly Revenue and Expense Reports for grant activities to the Community Development Director.
VII. PERSONNEL AND PARTICIPANT CONDITIONS
A. Assignability
Grantee shall not assign or transfer any interest in this Agreement without the prior written consent of City . However, claims for money due or to become due to Grantee from City under this Agreement may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to Grantee.
B. Conflict of Interest
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Grantee agrees to abide by the provisions of the California Political Reform Act (Gov.
Code §§ 81000 et seq.) and related regulations (2 Cal. Code Regs. §§ 18109 et seq. ) with respect to conflicts of interest, and covenants that it presently has no financial interest, and shall not acquire any financial interest, direct or indirect, which would conflict in any manner or degree with the Activities under this Agreement.
G
rantee further covenants that in the performance of this Agreement, no persons who exercise or have exercised any functions or responsibilities with respect to the Activities, or who are in a position to participate in a decision-making process or gain inside information with regard to such Activities, have a financial interest in any contract, subcontract or agreement with respect to the Activities or with respect to the proceeds from the Activities, either for themselves or those with whom they have a business or immediate family ties, during their tenure or for a period of one (1) year thereafter.
T
hese conflict of interest provisions apply to any person who is an employee, agent, Grantee, officer, or elected or appointed official of Grantee.
C. S
ubcontracts
1. A
pprovals: Grantee shall not enter into any subcontracts with an agency or individual in the performance of this Agreement without the prior written consent of City.
2. M
onitoring: Grantee will monitor all subcontracted services to assure Agreement compliance. Results of monitoring efforts must be summarized in written reports, and supported with documented evidence, of follow -up actions taken to correct areas of noncompliance.
3. C
ontent: Grantee shall cause all of the provisions of this Agreement in its entirety to be included in, and made a part of, any subcontract executed in the performance of this Agreement.
D. C
opyright
I
f this Agreement results in any copyrightable material, City reserves the right to royalty- free, nonexclusive, and irrevocable license to reproduce, publish, or otherwise use and to authorize others to use, the work for government purposes.
E. R
eligious Organization
G
rantee agrees that funds provided under this Agreement will not be utilized for religious activities, to promote religious interests, or for the benefit of a religious organization.
V
III. SEVERABILITY
I
f any provision of this Agreement is held invalid, the remainder of the Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect.
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IX. WAIVER
City’s failure to act with respect to a breach by Grantee does not waive its right to act with respect to subsequent or similar breaches. The failure of City to exercise or enforce any right or provision shall not constitute a waiver of such right or provision.
X. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between City and Grantee for the use of Funds received under this Agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral , or written between City and Grantee with respect to this Agreement.
XI. BINDING EFFECT
All the terms, covenants, and conditions of this Agreement shall inure to the benefits of and be binding upon successors and assigns of the parties to this Agreement.
XII. COUNTERPARTS
This Agreement may be executed in counterpart s by delivering a facsimile or secure electronic copy of the signed agreement to the other party, followed by delivery of the original documents bearing the original signatures. However, failure to deliver the original documents does not affect the enforceability of this Agreement.
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SIGNATURES AND ATTACHMENT LIST ON NEXT PAGE
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IN WITNESS THEREOF, the Parties have executed this Agreement as of the date first written above.
East Bay Musical Society
501(c)3 Non-Profit Corporation
“Grantee”
By: ___________________________ Dated: ____________________________ Denise Betegh
Vice President
CITY OF LIVERMORE
a Municipal Corporation
“City”
By: __________________________ Dated: ____________________________ Marianna A. Burch
City Manager
APPROVED AS TO FORM:
______________________________
Deputy/Assistant/Senior Assistant/City Attorney
Attachments:
Exhibit A Application for Project and Program Grant from the City of Livermore Exhibit B Insurance Requirements
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EXHIBIT A
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EXHIBIT B
INSURANCE REQUIREMENTS
Minimum Scope and Limits of Insurance
Grantee shall maintain limits no less than:
1. Commercial General Liability, including operations, products and completed operations, as applicable:
$1,000,000/$2,000,000 aggregate per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability or other form of insurance with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
Deductibles and Self-Insured Retention
All self-insured retentions (SIR) must be disclosed to Risk Management for approval and shall not reduce the limits of liability. Policies containing any self-insured retention (SIR) provision shall provide, or be endorsed to provide, that the SIR may be satisfied by either the named insured or the City of Livermore. The City of Livermore reserves the right to obtain a full certified copy of any insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of no less than A:
VII and accepted to do business in the State of California, unless otherwise acceptable to the City of Livermore.
Other Insurance Provisions
The general liability policies are to contain, or be endorsed to contain, the following provisions:
1. The City of Livermore, its officers, officials, employees, and designated volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of the Grantee. The coverage shall contain no special limitations on the scope of protection afforded to the City of Livermore, its officers, officials, employees, or volunteers.
2. The limits of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. The additional insured coverage under the Grantee’s policy shall be primary and non- contributory and will not seek contribution from the City’s insurance or self- insurance and shall be at least as broad as ISO Form CG 20 10 04 13.
Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non- contributory basis for the benefit of the City of Livermore before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
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including breaches of warranties, shall not affect coverage provided to the City of Livermore, its officers, officials, employees, or volunteers.
4. The Grantee’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
5. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party before expiration of the policy unless notice is delivered in accordance with policy provisions.
6. It shall be a requirement under this agreement that any available insurance proceeds broader than, or in excess of, the specified minimum insurance coverage requirements and/or limits shall be available to the additional insured. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named Insured; whichever is greater.
7. Certificate Holder section of the insurance certificate should read: City of Livermore, 1052 S. Livermore Avenue, Livermore, CA 94550
Verification of Coverage
Grantee shall furnish certificates of insurance and endorsement(s) effecting coverage to the City of Livermore for approval. The endorsements shall be on forms acceptable to the City of Livermore. All certificates and endorsements are to be received and approved by the City of Livermore before work commences. The City of Livermore reserves the right to require complete and certified copies of all insurance policies required by this Agreement.
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AGREEMENT BETWEEN CITY OF LIVERMORE
AND
LIVERMORE FILIPINO AMERICAN ORGANIZATION
FOR FISCAL YEAR 2024-2025 AND 2025-2026
PROJECT AND PROGRAM GRANT AGREEMENT
This AGR
EEMENT, entered into this ____ day of _____________________, 2025, between the City of Livermore, a municipal corporation (“City”), and Livermore Filipino American Organization, a California non-profit Corporation (“Grantee”).
RECIT
ALS
A. City c
reated Project and Program Grants for the purpose of encouraging programs for the cultural enrichment in the City of Livermore.
B. The pri
mary goal of the Project and Program Grant Program is to serve one or more of the main strands found in the Cultural Arts Master Plan, artsALIVE!, adopted by City Council Resolution number 2007-109 on June 11, 2007.
C. The Com
mission for the Arts reviews all Project and Program Grant applications and provides City Council with recommendations for funding. Funding is not authorized until City Council approves the Commission for the Art s’ funding recommendations evidenced by City’s signature on this agreement.
D. Gran
tee has applied to City for funding for a project or program to promote Filipino-American culture and heritage by providing deliberate community engagements and educational programs in Livermore and the surrounding areas (“Project”).
E. City w
ishes to engage Grantee to assist City in utilizing Public Art Fee f und money to provide art projects and programs to Livermore residents.
F. City and
Grantee understand that the Project and Program Grant shall be administered consistent with the procedures, standards, regulations , and guidelines for Project and Program Grants, including the 2008 Art in Public Places Program Policy and Procedures Manual and the Cultural Arts Master Plan.
AGREE
MENT
NOW T
HEREFORE, City and Grantee hereby agree that the aforementioned recitals are true and correct, and in recognition of the mutual consideration provided herein, further agree as follows:
I. SCOPE
OF SERVICE
A. Act
ivities
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imposed by the 2008 Art in Public Places Program Policy and Procedures Manual, Cultural Arts Master Plan, and herein. The Project will include the following activities eligible under the Project and Program Grant Program: dance, music, culture, art, and film.
1. Project and Program Delivery : Grantee agrees to the goals and performance standards as defined below and outlined in the Grantee’s Project and Program Grant application attached as Exhibit “A”.
2. Service Objective: Multi -Cultural festival on 10/ 05/2025 (“ Activities”).
3. General Administration: The Funds for the Activities are to be administered under the direction of the Grantee’s Executive Director and shall comply with the procedures, standards, regulations and guidelines for Project and Program Grants, including the 2008 Art in Public Places Program Policy and Procedures Manual and the Cultural Arts Master Plan.
B. Budget
City will grant, and Grantee will use, f unds in the amount of $10,000 (“Funds”) to perform the Activities consistent with the terms and conditions of this Agreement, the 2008 Art in Public Places Program Policy and Procedures Manual, and the Cultural Arts Master Plan.
C. Performance Monitoring
City will monitor Grantee’s performance against the project or program description outlined in the Grantee’s Project and Program Grant application attached as Exhibit “A”.
Substandard performance as determined by City will constitute non -compliance with this Agreement.
II. TIME OF PERFORMANCE
Grantee shall complete its Activities within one year of the date of execution of this Agreement. If Grantee requires an extension of time for full performance, it may request an extension from the Commission for the Arts. The decision of the Commission for the Arts shall be final.
III. PAYMENT
It is expressly agreed and understood that the total amount of the Funds available from City to Grantee for the Activities under this Agreement shall not exceed $10,000.
The City shall disburse the Project & Program Grant in three installments: 30 percent in advance, 40 percent once material progress can be shown and evidence of the matching grant cash requirement has been submitted, and the final 30 percent after a satisfactory Final Report has been filed. The Project & Program subcommittee of the Commission for the Arts has sole discretion to decide whether each of these milestones has been reached.
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IV. NOTICES
Any
notice required or permitted under the terms of this Agreement shall be effective upon receipt in writing either by personal service upon the authorized agent for the party, or by mailing the notice via U.S. Mail to the party as follows:
City:
City of Livermore
Attn: A llen McFarland, Commission for the Arts Staff Liaison 1052 S. Livermore Avenue
Livermore, California 94550
Gra
ntee: Livermore Filipino American Organization
Attn : Arthur Barinque
164 N L St.
Livermore, CA 94550
V. GE
NERAL CONDITIONS
A. Gener
al Compliance
Gr
antee agrees to comply with the requirements of state and l ocal laws and regulations governing the Funds available under this Agreement. Grantee also agrees to comply with all additional regulations and policies issued pursuant to these regulations. Grantee further agrees to utilize the Funds available under this Agreement to supplement, rather than supplant, funds otherwise available. Furthermore, with respect to the performance of Activities under this Agreement, Grantee agrees to comply with all federal, state, and local laws, statutes, rules, and regulations pertaining to the performance of those Activities.
B. Inde
pendent Contractor
Not
hing contained in this Agreement is intended to, nor shall be construed in any manner to, create or establish the relationship of employer/employee between the parties.
Grantee shall at all times remain an Independent Contractor with respect to the services to be performed under this Agreement. City shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance, and Workers' Compensation Insurance as Grantee is an Independent Contractor.
C. Hold
Harmless
Gr
antee agrees to defend, indemnify, and hold City , its elected officials, officers, directors, employees, agents, and designated volunteers harmless from and against any and all loss, liability, damage, including reasonable attorney’s and expert fees and/or court costs, arising out of the performance of the Activities under this Agreement, except for the gross negligence and willful misconduct of City, its elected officials, officers, directors, employees, agents, and designated volunteers.
D. Ins
urance
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Grantee shall procure and maintain insurance for the duration of the contract in the amounts and under the terms set forth in Exhibit “B” against claims that may arise from or in connection with this Agreement and performance of the Project. Upon reasonable written notice, Grantee shall comply with any changes in the amounts and terms of insurance as may be required from time-to-time by the City of Livermore Risk Manager.
E. City
Recognition
Gr
antee shall acknowledge City’s financial support in all appropriate materials and media. The acknowledgment shall read, “Supported in part by a grant from the City of Livermore” or similar language, unless the City of Livermore is a part of a list of supporters. In the latter case, the acknowledgement may say only “City of Livermore.” Grantee shall display the City of Livermore’s logo whenever other sponsor logos are displayed, and in accordance with the City of Livermore’s logo use guidelines.
F. Am
endments
City or
Grantee may amend this Agreement at any time provided such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of both organizations . Such amendments shall not invalidate this Agreement, nor relieve or release City or Grantee from its obligations under this Agreement.
City m
ay, in its discretion, amend this Agreement to conform with state or local laws, regulations, guidelines, or policies related to the use of the Funds for the Activities. However, if such amendments result in a change in the funding, the scope of services, or the Activities, such modifications shall be incorporated only by written amendment signed by both City and Grantee.
G. Sus
pension, Termination, Return of Funds
1. Ter
mination for Cause. City may suspend or terminate this Agreement if Grantee materially fails to comply with any term or condition of this Agreement, including but not limited to, the following:
a. Fai
lure to comply with any of the rules, regulations or provisions referred to herein, or such statues, regulations, policies, or directives as may become applicable at any time;
b. Failure, for any reason, of Grantee to fulfill in a timely and proper manner its obligation under this Agreement;
c. Ineffective or improper use of Funds provided under this Agreement; or d. Submission by Grantee to City reports that are incorrect or incomplete in any material respect.
City s
hall give Grantee written notice of any failure to comply with the Agreement.
If Grantee does not remedy the deficiency or non- compliance within fifteen (15) calendar days after the date the notice is sent, City may exercise any of the remedies available under law and equity, including but not limited to the termination of this Agreement.
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Pending correction of any compliance, City shall withhold fifteen percent (15%) of the remaining Agreement Funds until Grantee corrects the deficiency , Grantee is otherwise found to be in compliance by City, or Grantee is otherwise adjudicated to be in compliance with the Agreement.
2. Ter
mination for Convenience: This Agreement may also be terminated for convenience by either City or Grantee, in whole or in part, by giving notice of such termination, the effective date of the termination, and in the case of partial termination, the portion to be terminated. However, if in the case of a partial termination, if City determines that the remaining portion of the Funds or Activities will not accomplish the purpose for which the award was made, City may terminate the Agreement in its entirety.
Wr
itten notice of termination must be provided at least thirty (30) calendar days before the effective date of such termination.
3. Effe
ct of Termination: In the event of termination, all finished or unfinished documents, data, studies, photographs, reports, or other materials prepared by Grantee under this Agreement shall, at City r’s option, become the property of City , and Grantee shall only be entitled to receive just and equitable compensation for any satisfactory work completed on such documents or materials prior to the termination. Any remaining Funds shall be returned to the City’s Public Art Fund for reallocation.
Ter
mination for failure to comply with any term or condition of this Agreement may result in Grantee becoming ineligible to participate in future Commission for the Arts grant programs.
Ter
mination for any reason shall immediately suspend the Funds available under this Agreement, terminate any claim Grantee has to such Funds , and result in Funds being immediately refunded to City for use and reallocation by City.
VI. ADM
INISTRATIVE REQUIREMENTS
A. Doc
umentation and Recordkeeping
1. Rec
ords to be Maintained: Grantee shall maintain the following records including, but not limited to:
a. Rec
ords providing a full description of each activity undertaken and the date(s) on which the activity occurred;
b. Records demonstrating that each activity undertaken meets one of the objectives of the Program & Program Grant; and
c. Quarterly and annual revenue and expense reports for A ctivities funded by this Agreement.
2. Ret
ention: Grantee shall retain all records pertinent to expenditures incurred in the performance of the Activities under this Agreement for a period of two (2) years after the termination of all activities funded under this Agreement.
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3. Obj
ectives: Grantee agrees to maintain documentation that demonstrates that the Activities meet one or more of the objectives of the strands identified in the Cultural Arts Master Plan.
4. Audi
ts and Inspections : All Grantee records with respect to any matters covered by this Agreement shall be made available to City at any time during normal business hours, as often as City deems necessary, to audit, examine, and make excerpts or transcripts of all relevant data.
Any
deficiencies noted in audit reports must be corrected by Grantee within thirty (30) calendar days after receipt of notice of deficiency by Grantee. Failure of Grantee to comply with the above audit requirements will constitute a violation of this Agreement and constitute cause for termination pursuant to Paragraph V.
B. Repor
ting and Payment Procedures
1. Pay
ment Procedures: City will pay to Grantee Funds available under this Agreement based upon information submitted by Grantee, and consistent with the 2008 Art in Public Places Program Policy and Procedures Manual. City reserves the right to liquidate Funds available under this Agreement for costs incurred by City on behalf of Grantee.
2. Pr
ogress Reports: Grantee shall submit a Material Progress Report to the Commission for the Arts when it feels the Project has made material progress. Grantee shall also submit a Final Report when its Project Activities are complete. These reports are prerequisites to receiving the second and third grant installment payments, in accordance with Section III. The Grantee shall determine the form and content of the Progress Reports.
3. Quar
terly Revenue and Expense Reports : Grantee shall submit Quarterly Revenue and Expense Reports for grant activities to the Community Development Director.
VII. P
ERSONNEL AND PARTICIPANT CONDITIONS
A. As
signability
Gr
antee shall not assign or transfer any interest in this Agreement without the prior written consent of City . However, claims for money due or to become due to Grantee from City under this Agreement may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to Grantee.
B. Conf
lict of Interest
Gr
antee agrees to abide by the provisions of the California Political Reform Act (Gov.
Code §§ 81000 et seq.) and related regulations (2 Cal. Code Regs. §§ 18109 et seq. ) with respect to conflicts of interest, and covenants that it presently has no financial interest, and shall not acquire any financial interest, direct or indirect, which would conflict in any manner or degree with the Activities under this Agreement.
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Gr
antee further covenants that in the performance of this Agreement, no persons who exercise or have exercised any functions or responsibilities with respect to the Activities, or who are in a position to participate in a decision-making process or gain inside information with regard to such Activities, have a financial interest in any contract, subcontract or agreement with respect to the Activities or with respect to the proceeds from the Activities, either for themselves or those with whom they have a business or immediate family ties, during their tenure or for a period of one (1) year thereafter.
Thes
e conflict of interest provisions apply to any person who is an employee, agent, Grantee, officer, or elected or appointed official of Grantee.
C. Subc
ontracts
1. Appr
ovals: Grantee shall not enter into any subcontracts with an agency or individual in the performance of this Agreement without the prior written consent of City.
2. Moni
toring: Grantee will monitor all subcontracted services to assure Agreement compliance. Results of monitoring efforts must be summarized in written reports, and supported with documented evidence, of follow -up actions taken to correct areas of noncompliance.
3. Cont
ent: Grantee shall cause all of the provisions of this Agreement in its entirety to be included in, and made a part of, any subcontract executed in the performance of this Agreement.
D. Copy
right
If
this Agreement results in any copyrightable material, City reserves the right to royalty- free, nonexclusive, and irrevocable license to reproduce, publish, or otherwise use and to authorize others to use, the work for government purposes.
E. Rel
igious Organization
Gr
antee agrees that funds provided under this Agreement will not be utilized for religious activities, to promote religious interests, or for the benefit of a religious organization.
VIII. SEVER
ABILITY
If
any provision of this Agreement is held invalid, the remainder of the Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect.
IX. W
AIVER
City’
s failure to act with respect to a breach by Grantee does not waive its right to act with respect to subsequent or similar breaches. The failure of City to exercise or enforce any right or provision shall not constitute a waiver of such right or provision.
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X. ENT
IRE AGREEMENT
Thi
s Agreement constitutes the entire agreement between City and Grantee for the use of Funds received under this Agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral , or written between City and Grantee with respect to this Agreement.
XI. BI
NDING EFFECT
Al
l the terms, covenants, and conditions of this Agreement shall inure to the benefits of and be binding upon successors and assigns of the parties to this Agreement.
XII. CO
UNTERPARTS
This Agreement may be executed in counterpart s by delivering a facsimile or secure electronic copy of the signed agreement to the other party, followed by delivery of the original documents bearing the original signatures. However, failure to deliver the original documents does not affect the enforceability of this Agreement.
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SIGNATURES AND ATTACHMENT LIST ON NEXT PAGE
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IN W
ITNESS THEREOF, the Parties have executed this Agreement as of the date first written above.
Liv
ermore Filipino American Organization
501(c)3 Non-Profit Corporation
“Grantee”
By: _____
______________________ Dated: ____________________________ Arthur Barinque
President
CIT
Y OF LIVERMORE
a Municipal Corporation
“City”
By:
__________________________ Dated: ____________________________ Marianna A. Burch
City Manager
APPRO
VED AS TO FORM:
______
________________________
Deputy/Assistant/Senior Assistant/City Attorney
Atta
chments:
Exhibit A Application for Project and Program Grant from the City of Livermore Exhibit B Insurance Requirements
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Livermore Filipino American Organization- Project and Program Grant Submission- March 1 2025 1 Exhibit A
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Livermore Filipino American Organization- Project and Program Grant Submission- March 1 2025 2 Docusign Envelope ID: 49CFBE97-E7ED-430B-A0D2-4487CF8B18B0
EXHIBIT B
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Livermore Filipino American Organization- Project and Program Grant Submission- March 1 2025 3 Docusign Envelope ID: 49CFBE97-E7ED-430B-A0D2-4487CF8B18B0
EXHIBIT B
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EXHIBIT B
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Livermore Filipino American Organization- Project and Program Grant Submission- March 1 2025 5 Docusign Envelope ID: 49CFBE97-E7ED-430B-A0D2-4487CF8B18B0
EXHIBIT B
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Livermore Filipino American Organization- Project and Program Grant Submission- March 1 2025 6 Docusign Envelope ID: 49CFBE97-E7ED-430B-A0D2-4487CF8B18B0
EXHIBIT B
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EXHIBIT B
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EXHIBIT B
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Livermore Filipino American Organization- Project and Program Grant Submission- March 1 2025 9 Docusign Envelope ID: 49CFBE97-E7ED-430B-A0D2-4487CF8B18B0
EXHIBIT B
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Livermore Filipino American Organization- Project and Program Grant Submission- March 1 2025 10 Docusign Envelope ID: 49CFBE97-E7ED-430B-A0D2-4487CF8B18B0
EXHIBIT B
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EXHIBIT B
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Livermore Filipino American Organization- Project and Program Grant Submission- March 1 2025 12 Docusign Envelope ID: 49CFBE97-E7ED-430B-A0D2-4487CF8B18B0
EXHIBIT B
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EXHIBIT B
INSURANCE REQUIREMENTS
Minimum Scope and Limits of Insurance
Grantee shall maintain limits no less than:
1. Commercial General Liability, including operations, products and completed operations, as applicable:
$1,000,000/$2,000,000 aggregate per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability or other form of insurance with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
Deductibles and Self-Insured Retention
All self-insured retentions (SIR) must be disclosed to Risk Management for approval and shall not reduce the limits of liability. Policies containing any self-insured retention (SIR) provision shall provide, or be endorsed to provide, that the SIR may be satisfied by either the named insured or the City of Livermore. The City of Livermore reserves the right to obtain a full certified copy of any insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of no less than A:
VII and accepted to do business in the State of California, unless otherwise acceptable to the City of Livermore.
Other Insurance Provisions
The general liability policies are to contain, or be endorsed to contain, the following provisions:
1. The City of Livermore, its officers, officials, employees, and designated volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of the Grantee. The coverage shall contain no special limitations on the scope of protection afforded to the City of Livermore, its officers, officials, employees, or volunteers.
2. The limits of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. The additional insured coverage under the Grantee’s policy shall be primary and non- contributory and will not seek contribution from the City’s insurance or self- insurance and shall be at least as broad as ISO Form CG 20 10 04 13.
Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non- contributory basis for the benefit of the City of Livermore before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
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including breaches of warranties, shall not affect coverage provided to the City of Livermore, its officers, officials, employees, or volunteers.
4. The Grantee’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
5. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party before expiration of the policy unless notice is delivered in accordance with policy provisions.
6. It shall be a requirement under this agreement that any available insurance proceeds broader than, or in excess of, the specified minimum insurance coverage requirements and/or limits shall be available to the additional insured. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named Insured; whichever is greater.
7. Certificate Holder section of the insurance certificate should read: City of Livermore, 1052 S. Livermore Avenue, Livermore, CA 94550
Verification of Coverage
Grantee shall furnish certificates of insurance and endorsement(s) effecting coverage to the City of Livermore for approval. The endorsements shall be on forms acceptable to the City of Livermore. All certificates and endorsements are to be received and approved by the City of Livermore before work commences. The City of Livermore reserves the right to require complete and certified copies of all insurance policies required by this Agreement.
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AGREEMENT BETWEEN CITY OF LIVERMORE
AND
PACIFIC CHAMBER ORCHESTRA
FOR FISCAL YEAR 2024-2025 AND 2025-2026
PROJECT AND PROGRAM GRANT AGREEMENT
Th
is AGREEMENT, entered into this ____ day of _____________________, 2025, between the City of Livermore, a municipal corporation (“City”), and Pacific Chamber Orchestra, a California non-profit Corporation (“Grantee”).
RE
CITALS
A. Cit
y created Project and Program Grants for the purpose of encouraging programs for the cultural enrichment in the City of Livermore.
B. T
he primary goal of the Project and Program Grant Program is to serve one or more of the main strands found in the Cultural Arts Master Plan, artsALIVE!, adopted by City Council Resolution number 2007-109 on June 11, 2007.
C. T
he Commission for the Arts reviews all Project and Program Grant applications and provides City Council with recommendations for funding. Funding is not authorized until City Council approves the Commission for the Art s’ funding recommendations evidenced by City’s signature on this agreement.
D. Gr
antee has applied to City for funding for a project or program to offer young audiences an interactive experience for learning music fundamentals, basic themes and concepts, and training the ear to distinguish between sounds (“Project”).
E. Cit
y wishes to engage Grantee to assist City in utilizing Public Art Fee f und money to provide art projects and programs to Livermore residents.
F. Cit
y and Grantee understand that the Project and Program Grant shall be administered consistent with the procedures, standards, regulations , and guidelines for Project and Program Grants, including the 2008 Art in Public Places Program Policy and Procedures Manual and the Cultural Arts Master Plan.
AG
REEMENT
NO
W THEREFORE, City and Grantee hereby agree that the aforementioned recitals are true and correct, and in recognition of the mutual consideration provided herein, further agree as follows:
I. SC
OPE OF SERVICE
A. A
ctivities
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imposed by the 2008 Art in Public Places Program Policy and Procedures Manual, Cultural Arts Master Plan, and herein. The Project will include the following activities eligible under the Project and Program Grant Program: Orchestra performance and in- school educational musical assemblies.
1. Project and Program Delivery : Grantee agrees to the goals and performance standards as defined below and outlined in the Grantee’s Project and Program Grant application attached as Exhibit “A”.
2. Service Objective: "Discover Music Now" program that consists of two prongs - an in-school program that brings musicians to individual schools, and a full orchestra matinee at the Bankhead (“ Activities”).
3. General Administration: The Funds for the Activities are to be administered under the direction of the Grantee’s Executive Director and shall comply with the procedures, standards, regulations and guidelines for Project and Program Grants, including the 2008 Art in Public Places Program Policy and Procedures Manual and the Cultural Arts Master Plan.
B. Budget
City will grant, and Grantee will use, f unds in the amount of $10,000 (“Funds”) to perform the Activities consistent with the terms and conditions of this Agreement, the 2008 Art in Public Places Program Policy and Procedures Manual, and the Cultural Arts Master Plan.
C. Performance Monitoring
City will monitor Grantee’s performance against the project or program description outlined in the Grantee’s Project and Program Grant application attached as Exhibit “A”.
Substandard performance as determined by City will constitute non -compliance with this Agreement.
II. TIME OF PERFORMANCE
Grantee shall complete its Activities within one year of the date of execution of this Agreement. If Grantee requires an extension of time for full performance, it may request an extension from the Commission for the Arts. The decision of the Commission for the Arts shall be final.
III. PAYMENT
It is expressly agreed and understood that the total amount of the Funds available from City to Grantee for the Activities under this Agreement shall not exceed $10,000.
The City shall disburse the Project & Program Grant in three installments: 30 percent in advance, 40 percent once material progress can be shown and evidence of the matching grant cash requirement has been submitted, and the final 30 percent after a satisfactory Final Report has been filed. The Project & Program subcommittee of the Commission for the Arts has sole Docusign Envelope ID: 1BC695F1-6716-469F-8D95-9D11D3B4E734
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discretion to decide whether each of these milestones has been reached.
IV. NOTICES
Any notice required or permitted under the terms of this Agreement shall be effective upon receipt in writing either by personal service upon the authorized agent for the party, or by mailing the notice via U.S. Mail to the party as follows:
City: City of Livermore
Attn: Allen McFarland, Commission for the Arts Staff Liaison 1052 S. Livermore Avenue
Livermore, California 94550
Grantee: Pacific Chamber Orchestra
Attn: Lawrence Kohl
PO Box 3134
Livermore, CA 94551
V. GENERAL CONDITIONS
A. General Compliance
Grantee agrees to comply with the requirements of state and l ocal laws and regulations governing the Funds available under this Agreement. Grantee also agrees to comply with all additional regulations and policies issued pursuant to these regulations. Grantee further agrees to utilize the Funds available under this Agreement to supplement, rather than supplant, funds otherwise available. Furthermore, with respect to the performance of Activities under this Agreement, Grantee agrees to comply with all federal, state, and local laws, statutes, rules, and regulations pertaining to the performance of those Activities.
B. Independent Contractor
Nothing contained in this Agreement is intended to, nor shall be construed in any manner to, create or establish the relationship of employer/employee between the parties.
Grantee shall at all times remain an Independent Contractor with respect to the services to be performed under this Agreement. City shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance, and Workers' Compensation Insurance as Grantee is an Independent Contractor.
C. Hold Harmless
Grantee agrees to defend, indemnify, and hold City , its elected officials, officers, directors, employees, agents, and designated volunteers harmless from and against any and all loss, liability, damage, including reasonable attorney’s and expert fees and/or court costs, arising out of the performance of the Activities under this Agreement, except for the gross negligence and willful misconduct of City, its elected officials, officers, directors, employees, agents, and designated volunteers.
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D. Insurance
Grantee shall procure and maintain insurance for the duration of the contract in the amounts and under the terms set forth in Exhibit “B” against claims that may arise from or in connection with this Agreement and performance of the Project. Upon reasonable written notice, Grantee shall comply with any changes in the amounts and terms of insurance as may be required from time-to-time by the City of Livermore Risk Manager.
E. City Recognition
Grantee shall acknowledge City’s financial support in all appropriate materials and media. The acknowledgment shall read, “Supported in part by a grant from the City of Livermore” or similar language, unless the City of Livermore is a part of a list of supporters. In the latter case, the acknowledgement may say only “City of Livermore.” Grantee shall display the City of Livermore’s logo whenever other sponsor logos are displayed, and in accordance with the City of Livermore’s logo use guidelines.
F. Amendments
City or Grantee may amend this Agreement at any time provided such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of both organizations . Such amendments shall not invalidate this Agreement, nor relieve or release City or Grantee from its obligations under this Agreement.
City may, in its discretion, amend this Agreement to conform with state or local laws, regulations, guidelines, or policies related to the use of the Funds for the Activities. However, if such amendments result in a change in the funding, the scope of services, or the Activities, such modifications shall be incorporated only by written amendment signed by both City and Grantee.
G. Suspension, Termination, Return of Funds
1. Termination for Cause. City may suspend or terminate this Agreement if Grantee materially fails to comply with any term or condition of this Agreement, including but not limited to, the following:
a. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statues, regulations, policies, or directives as may become applicable at any time;
b. Failure, for any reason, of Grantee to fulfill in a timely and proper manner its obligation under this Agreement;
c. Ineffective or improper use of Funds provided under this Agreement; or d. Submission by Grantee to City reports that are incorrect or incomplete in any material respect.
City shall give Grantee written notice of any failure to comply with the Agreement.
If Grantee does not remedy the deficiency or non- compliance within fifteen (15) calendar days after the date the notice is sent, City may exercise any of the remedies available under law and Docusign Envelope ID: 1BC695F1-6716-469F-8D95-9D11D3B4E734
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equity, including but not limited to the termination of this Agreement.
Pending correction of any compliance, City shall withhold fifteen percent (15%) of the remaining Agreement Funds until Grantee corrects the deficiency , Grantee is otherwise found to be in compliance by City, or Grantee is otherwise adjudicated to be in compliance with the Agreement.
2. Termination for Convenience: This Agreement may also be terminated for convenience by either City or Grantee, in whole or in part, by giving notice of such termination, the effective date of the termination, and in the case of partial termination, the portion to be terminated. However, if in the case of a partial termination, if City determines that the remaining portion of the Funds or Activities will not accomplish the purpose for which the award was made, City may terminate the Agreement in its entirety.
Written notice of termination must be provided at least thirty (30) calendar days before the effective date of such termination.
3. Effect of Termination: In the event of termination, all finished or unfinished documents, data, studies, photographs, reports, or other materials prepared by Grantee under this Agreement shall, at City r’s option, become the property of City , and Grantee shall only be entitled to receive just and equitable compensation for any satisfactory work completed on such documents or materials prior to the termination. Any remaining Funds shall be returned to the City’s Public Art Fund for reallocation.
Termination for failure to comply with any term or condition of this Agreement may result in Grantee becoming ineligible to participate in future Commission for the Arts grant programs.
Termination for any reason shall immediately suspend the Funds available under this Agreement, terminate any claim Grantee has to such Funds , and result in Funds being immediately refunded to City for use and reallocation by City.
VI. ADMINISTRATIVE REQUIREMENTS
A. Documentation and Recordkeeping
1. Records to be Maintained: Grantee shall maintain the following records including, but not limited to:
a. Records providing a full description of each activity undertaken and the date(s) on which the activity occurred;
b. Records demonstrating that each activity undertaken meets one of the objectives of the Program & Program Grant; and
c. Quarterly and annual revenue and expense reports for A ctivities funded by this Agreement.
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incurred in the performance of the Activities under this Agreement for a period of two (2) years after the termination of all activities funded under this Agreement.
3. Objectives: Grantee agrees to maintain documentation that demonstrates that the Activities meet one or more of the objectives of the strands identified in the Cultural Arts Master Plan.
4. Audits and Inspections : All Grantee records with respect to any matters covered by this Agreement shall be made available to City at any time during normal business hours, as often as City deems necessary, to audit, examine, and make excerpts or transcripts of all relevant data.
Any deficiencies noted in audit reports must be corrected by Grantee within thirty (30) calendar days after receipt of notice of deficiency by Grantee. Failure of Grantee to comply with the above audit requirements will constitute a violation of this Agreement and constitute cause for termination pursuant to Paragraph V.
B. Reporting and Payment Procedures
1. Payment Procedures: City will pay to Grantee Funds available under this Agreement based upon information submitted by Grantee, and consistent with the 2008 Art in Public Places Program Policy and Procedures Manual. City reserves the right to liquidate Funds available under this Agreement for costs incurred by City on behalf of Grantee.
2. Progress Reports: Grantee shall submit a Material Progress Report to the Commission for the Arts when it feels the Project has made material progress. Grantee shall also submit a Final Report when its Project Activities are complete. These reports are prerequisites to receiving the second and third grant installment payments, in accordance with Section III. The Grantee shall determine the form and content of the Progress Reports.
3. Quarterly Revenue and Expense Reports : Grantee shall submit Quarterly Revenue and Expense Reports for grant activities to the Community Development Director.
VII. PERSONNEL AND PARTICIPANT CONDITIONS
A. Assignability
Grantee shall not assign or transfer any interest in this Agreement without the prior written consent of City . However, claims for money due or to become due to Grantee from City under this Agreement may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to Grantee.
B. Conflict of Interest
Grantee agrees to abide by the provisions of the California Political Reform Act (Gov.
Code §§ 81000 et seq.) and related regulations (2 Cal. Code Regs. §§ 18109 et seq. ) with respect to conflicts of interest, and covenants that it presently has no financial interest, and Docusign Envelope ID: 1BC695F1-6716-469F-8D95-9D11D3B4E734
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shall not acquire any financial interest, direct or indirect, which would conflict in any manner or degree with the Activities under this Agreement.
Grantee further covenants that in the performance of this Agreement, no persons who exercise or have exercised any functions or responsibilities with respect to the Activities, or who are in a position to participate in a decision-making process or gain inside information with regard to such Activities, have a financial interest in any contract, subcontract or agreement with respect to the Activities or with respect to the proceeds from the Activities, either for themselves or those with whom they have a business or immediate family ties, during their tenure or for a period of one (1) year thereafter.
These conflict of interest provisions apply to any person who is an employee, agent, Grantee, officer, or elected or appointed official of Grantee.
C. Subcontracts
1. Approvals: Grantee shall not enter into any subcontracts with an agency or individual in the performance of this Agreement without the prior written consent of City.
2. Monitoring: Grantee will monitor all subcontracted services to assure Agreement compliance. Results of monitoring efforts must be summarized in written reports, and supported with documented evidence, of follow -up actions taken to correct areas of noncompliance.
3. Content: Grantee shall cause all of the provisions of this Agreement in its entirety to be included in, and made a part of, any subcontract executed in the performance of this Agreement.
D. Copyright
If this Agreement results in any copyrightable material, City reserves the right to royalty- free, nonexclusive, and irrevocable license to reproduce, publish, or otherwise use and to authorize others to use, the work for government purposes.
E. Religious Organization
Grantee agrees that funds provided under this Agreement will not be utilized for religious activities, to promote religious interests, or for the benefit of a religious organization.
VIII. SEVERABILITY
If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect.
IX. WAIVER
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with respect to subsequent or similar breaches. The failure of City to exercise or enforce any right or provision shall not constitute a waiver of such right or provision.
X. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between City and Grantee for the use of Funds received under this Agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral , or written between City and Grantee with respect to this Agreement.
XI. BINDING EFFECT
All the terms, covenants, and conditions of this Agreement shall inure to the benefits of and be binding upon successors and assigns of the parties to this Agreement.
XII. COUNTERPARTS
This Agreement may be executed in counterpart s by delivering a facsimile or secure electronic copy of the signed agreement to the other party, followed by delivery of the original documents bearing the original signatures. However, failure to deliver the original documents does not affect the enforceability of this Agreement.
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IN WI
TNESS THEREOF, the Parties have executed this Agreement as of the date first written above.
Pacif
ic Chamber Orchestra
501(c)3 Non-Profit Corporation
“Grantee”
By: ___
________________________ Dated: ____________________________ Lawrence Kohl
M
usic and Executive Director
CITY
OF LIVERMORE
a Municipal Corporation
“City”
By: ___
_______________________ Dated: ____________________________ Marianna A. Burch
City Manager
APPROVED
AS TO FORM:
_________
_____________________
Deputy/Assistant/Senior Assistant/City Attorney
Attac
hments:
Exhibit A Application for Project and Program Grant from the City of Livermore Exhibit B Insurance Requirements
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EXHIBIT B
INSURANCE REQUIREMENTS
Minimum Scope and Limits of Insurance
Grantee shall maintain limits no less than:
1. Commercial General Liability, including operations, products and completed operations, as applicable:
$1,000,000/$2,000,000 aggregate per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability or other form of insurance with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
Deductibles and Self-Insured Retention
All self-insured retentions (SIR) must be disclosed to Risk Management for approval and shall not reduce the limits of liability. Policies containing any self-insured retention (SIR) provision shall provide, or be endorsed to provide, that the SIR may be satisfied by either the named insured or the City of Livermore. The City of Livermore reserves the right to obtain a full certified copy of any insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of no less than A:
VII and accepted to do business in the State of California, unless otherwise acceptable to the City of Livermore.
Other Insurance Provisions
The general liability policies are to contain, or be endorsed to contain, the following provisions:
1. The City of Livermore, its officers, officials, employees, and designated volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of the Grantee. The coverage shall contain no special limitations on the scope of protection afforded to the City of Livermore, its officers, officials, employees, or volunteers.
2. The limits of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. The additional insured coverage under the Grantee’s policy shall be primary and non- contributory and will not seek contribution from the City’s insurance or self- insurance and shall be at least as broad as ISO Form CG 20 10 04 13.
Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non- contributory basis for the benefit of the City of Livermore before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
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including breaches of warranties, shall not affect coverage provided to the City of Livermore, its officers, officials, employees, or volunteers.
4. The Grantee’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
5. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party before expiration of the policy unless notice is delivered in accordance with policy provisions.
6. It shall be a requirement under this agreement that any available insurance proceeds broader than, or in excess of, the specified minimum insurance coverage requirements and/or limits shall be available to the additional insured. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named Insured; whichever is greater.
7. Certificate Holder section of the insurance certificate should read: City of Livermore, 1052 S. Livermore Avenue, Livermore, CA 94550
Verification of Coverage
Grantee shall furnish certificates of insurance and endorsement(s) effecting coverage to the City of Livermore for approval. The endorsements shall be on forms acceptable to the City of Livermore. All certificates and endorsements are to be received and approved by the City of Livermore before work commences. The City of Livermore reserves the right to require complete and certified copies of all insurance policies required by this Agreement.
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AGREEMENT BETWEEN CITY OF LIVERMORE
AND
SPARC THEATER
FOR FISCAL YEAR 2024 - 2025 AND 2025 - 2026
PROJECT AND PROGRAM GRANT AGREEMENT
Th
is AGREEMENT, entered into this ____ day of _____________________, 2025, between the City of Livermore, a municipal corporation (“City”), and SPARC Theater, a California non-profit Corporation (“Grantee”).
RE
CITALS
A. Cit
y created Project and Program Grants for the purpose of encouraging programs for the cultural enrichment in the City of Livermore.
B. T
he primary goal of the Project and Program Grant Program is to serve one or more of the main strands found in the Cultural Arts Master Plan, artsALIVE!, adopted by City Council Resolution number 2007-109 on June 11, 2007.
C. T
he Commission for the Arts reviews all Project and Program Grant applications and provides City Council with recommendations for funding. Funding is not authorized until City Council approves the Commission for the Art s’ funding recommendations evidenced by City’s signature on this agreement.
D. Gr
antee has applied to City for funding for a project or program to foster community by bringing people together to enjoy professional theater and immerse themselves in transformative education (“Project”).
E. Cit
y wishes to engage Grantee to assist City in utilizing Public Art Fee f und money to provide art projects and programs to Livermore residents.
F. Cit
y and Grantee understand that the Project and Program Grant shall be administered consistent with the procedures, standards, regulations , and guidelines for Project and Program Grants, including the 2008 Art in Public Places Program Policy and Procedures Manual and the Cultural Arts Master Plan.
AG
REEMENT
NO
W THEREFORE, City and Grantee hereby agree that the aforementioned recitals are true and correct, and in recognition of the mutual consideration provided herein, further agree as follows:
I. SC
OPE OF SERVICE
A. Activities
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imposed by the 2008 Art in Public Places Program Policy and Procedures Manual, Cultural Arts Master Plan, and herein. The Project will include the following activities eligible under the Project and Program Grant Program: Shakespeare in the Vineyard program.
1. Project and Program Delivery : Grantee agrees to the goals and performance standards as defined below and outlined in the Grantee’s Project and Program Grant application attached as Exhibit “A”.
2. Service Objective: Summer Shakespeare in the Vineyard program, presenting a professional production of The Merry Wives of Windsor at Darcie Kent Vineyards with performances from July 5 to July 29, 2025 (“Activities”).
3. General Administration: The Funds for the Activities are to be administered under the direction of the Grantee’s Executive Director and shall comply with the procedures, standards, regulations and guidelines for Project and Program Grants, including the 2008 Art in Public Places Program Policy and Procedures Manual and the Cultural Arts Master Plan.
B. Budget
City will grant, and Grantee will use, f unds in the amount of $10,000 (“Funds”) to perform the Activities consistent with the terms and conditions of this Agreement, the 2008 Art in Public Places Program Policy and Procedures Manual, and the Cultural Arts Master Plan.
C. Performance Monitoring
City will monitor Grantee’s performance against the project or program description outlined in the Grantee’s Project and Program Grant application attached as Exhibit “A”.
Substandard performance as determined by City will constitute non -compliance with this Agreement.
II. TIME OF PERFORMANCE
Grantee shall complete its Activities within one year of the date of execution of this Agreement. If Grantee requires an extension of time for full performance, it may request an extension from the Commission for the Arts. The decision of the Commission for the Arts shall be final.
III. PAYMENT
It is expressly agreed and understood that the total amount of the Funds available from City to Grantee for the Activities under this Agreement shall not exceed $10,000.
The City shall disburse the Project & Program Grant in three installments: 30 percent in advance, 40 percent once material progress can be shown and evidence of the matching grant cash requirement has been submitted, and the final 30 percent after a satisfactory Final Report Docusign Envelope ID: 5C620822-5012-4A26-9A47-C2D3E7E1919C
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has been filed. The Project & Program subcommittee of the Commission for the Arts has sole discretion to decide whether each of these milestones has been reached.
IV. NOTICES
Any notice required or permitted under the terms of this Agreement shall be effective upon receipt in writing either by personal service upon the authorized agent for the party, or by mailing the notice via U.S. Mail to the party as follows:
City: City of Livermore
Attn: Allen McFarland, Commission for the Arts Staff Liaison 1052 S. Livermore Avenue
Livermore, California 94550
Grantee: SPARC Theater
Attn: Lisa A. Tromovitch
PO Box 2616
Livermore, CA 94551
V. GENERAL CONDITIONS
A. General Compliance
Grantee agrees to comply with the requirements of state and l ocal laws and regulations governing the Funds available under this Agreement. Grantee also agrees to comply with all additional regulations and policies issued pursuant to these regulations. Grantee further agrees to utilize the Funds available under this Agreement to supplement, rather than supplant, funds otherwise available. Furthermore, with respect to the performance of Activities under this Agreement, Grantee agrees to comply with all federal, state, and local laws, statutes, rules, and regulations pertaining to the performance of those Activities.
B. Independent Contractor
Nothing contained in this Agreement is intended to, nor shall be construed in any manner to, create or establish the relationship of employer/employee between the parties.
Grantee shall at all times remain an Independent Contractor with respect to the services to be performed under this Agreement. City shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance, and Workers' Compensation Insurance as Grantee is an Independent Contractor.
C. Hold Harmless
Grantee agrees to defend, indemnify, and hold City , its elected officials, officers, directors, employees, agents, and designated volunteers harmless from and against any and all loss, liability, damage, including reasonable attorney’s and expert fees and/or court costs, arising out of the performance of the Activities under this Agreement, except for the gross negligence and willful misconduct of City, its elected officials, officers, directors, employees, agents, and designated volunteers.
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D. Insurance
Grantee shall procure and maintain insurance for the duration of the contract in the amounts and under the terms set forth in Exhibit “B” against claims that may arise from or in connection with this Agreement and performance of the Project. Upon reasonable written notice, Grantee shall comply with any changes in the amounts and terms of insurance as may be required from time-to-time by the City of Livermore Risk Manager.
E. City Recognition
Grantee shall acknowledge City’s financial support in all appropriate materials and media. The acknowledgment shall read, “Supported in part by a grant from the City of Livermore” or similar language, unless the City of Livermore is a part of a list of supporters. In the latter case, the acknowledgement may say only “City of Livermore.” Grantee shall display the City of Livermore’s logo whenever other sponsor logos are displayed, and in accordance with the City of Livermore’s logo use guidelines.
F. Amendments
City or Grantee may amend this Agreement at any time provided such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of both organizations . Such amendments shall not invalidate this Agreement, nor relieve or release City or Grantee from its obligations under this Agreement.
City may, in its discretion, amend this Agreement to conform with state or local laws, regulations, guidelines, or policies related to the use of the Funds for the Activities. However, if such amendments result in a change in the funding, the scope of services, or the Activities, such modifications shall be incorporated only by written amendment signed by both City and Grantee.
G. Suspension, Termination, Return of Funds
1. Termination for Cause. City may suspend or terminate this Agreement if Grantee materially fails to comply with any term or condition of this Agreement, including but not limited to, the following:
a. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statues, regulations, policies, or directives as may become applicable at any time;
b. Failure, for any reason, of Grantee to fulfill in a timely and proper manner its obligation under this Agreement;
c. Ineffective or improper use of Funds provided under this Agreement; or d. Submission by Grantee to City reports that are incorrect or incomplete in any material respect.
City shall give Grantee written notice of any failure to comply with the Agreement.
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after the date the notice is sent, City may exercise any of the remedies available under law and equity, including but not limited to the termination of this Agreement.
Pending correction of any compliance, City shall withhold fifteen percent (15%) of the remaining Agreement Funds until Grantee corrects the deficiency , Grantee is otherwise found to be in compliance by City, or Grantee is otherwise adjudicated to be in compliance with the Agreement.
2. Termination for Convenience: This Agreement may also be terminated for convenience by either City or Grantee, in whole or in part, by giving notice of such termination, the effective date of the termination, and in the case of partial termination, the portion to be terminated. However, if in the case of a partial termination, if City determines that the remaining portion of the Funds or Activities will not accomplish the purpose for which the award was made, City may terminate the Agreement in its entirety.
Written notice of termination must be provided at least thirty (30) calendar days before the effective date of such termination.
3. Effect of Termination: In the event of termination, all finished or unfinished documents, data, studies, photographs, reports, or other materials prepared by Grantee under this Agreement shall, at City r’s option, become the property of City , and Grantee shall only be entitled to receive just and equitable compensation for any satisfactory work completed on such documents or materials prior to the termination. Any remaining Funds shall be returned to the City’s Public Art Fund for reallocation.
Termination for failure to comply with any term or condition of this Agreement may result in Grantee becoming ineligible to participate in future Commission for the Arts grant programs.
Termination for any reason shall immediately suspend the Funds available under this Agreement, terminate any claim Grantee has to such Funds , and result in Funds being immediately refunded to City for use and reallocation by City.
VI. ADMINISTRATIVE REQUIREMENTS
A. Documentation and Recordkeeping
1. Records to be Maintained: Grantee shall maintain the following records including, but not limited to:
a. Records providing a full description of each activity undertaken and the date(s) on which the activity occurred;
b. Records demonstrating that each activity undertaken meets one of the objectives of the Program & Program Grant; and
c. Quarterly and annual revenue and expense reports for A ctivities funded by this Agreement.
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2. Retention: Grantee shall retain all records pertinent to expenditures incurred in the performance of the Activities under this Agreement for a period of two (2) years after the termination of all activities funded under this Agreement.
3. Objectives: Grantee agrees to maintain documentation that demonstrates that the Activities meet one or more of the objectives of the strands identified in the Cultural Arts Master Plan.
4. Audits and Inspections : All Grantee records with respect to any matters covered by this Agreement shall be made available to City at any time during normal business hours, as often as City deems necessary, to audit, examine, and make excerpts or transcripts of all relevant data.
Any deficiencies noted in audit reports must be corrected by Grantee within thirty (30) calendar days after receipt of notice of deficiency by Grantee. Failure of Grantee to comply with the above audit requirements will constitute a violation of this Agreement and constitute cause for termination pursuant to Paragraph V.
B. Reporting and Payment Procedures
1. Payment Procedures: City will pay to Grantee Funds available under this Agreement based upon information submitted by Grantee, and consistent with the 2008 Art in Public Places Program Policy and Procedures Manual. City reserves the right to liquidate Funds available under this Agreement for costs incurred by City on behalf of Grantee.
2. Progress Reports: Grantee shall submit a Material Progress Report to the Commission for the Arts when it feels the Project has made material progress. Grantee shall also submit a Final Report when its Project Activities are complete. These reports are prerequisites to receiving the second and third grant installment payments, in accordance with Section III. The Grantee shall determine the form and content of the Progress Reports.
3. Quarterly Revenue and Expense Reports : Grantee shall submit Quarterly Revenue and Expense Reports for grant activities to the Community Development Director.
VII. PERSONNEL AND PARTICIPANT CONDITIONS
A. Assignability
Grantee shall not assign or transfer any interest in this Agreement without the prior written consent of City . However, claims for money due or to become due to Grantee from City under this Agreement may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to Grantee.
B. Conflict of Interest
Grantee agrees to abide by the provisions of the California Political Reform Act (Gov.
Code §§ 81000 et seq.) and related regulations (2 Cal. Code Regs. §§ 18109 et seq. ) with Docusign Envelope ID: 5C620822-5012-4A26-9A47-C2D3E7E1919C
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respect to conflicts of interest, and covenants that it presently has no financial interest, and shall not acquire any financial interest, direct or indirect, which would conflict in any manner or degree with the Activities under this Agreement.
Gr
antee further covenants that in the performance of this Agreement, no persons who exercise or have exercised any functions or responsibilities with respect to the Activities, or who are in a position to participate in a decision-making process or gain inside information with regard to such Activities, have a financial interest in any contract, subcontract or agreement with respect to the Activities or with respect to the proceeds from the Activities, either for themselves or those with whom they have a business or immediate family ties, during their tenure or for a period of one (1) year thereafter.
Thes
e conflict of interest provisions apply to any person who is an employee, agent, Grantee, officer, or elected or appointed official of Grantee.
C. Subcontracts
1. Appr
ovals: Grantee shall not enter into any subcontracts with an agency or individual in the performance of this Agreement without the prior written consent of City.
2. Moni
toring: Grantee will monitor all subcontracted services to assure Agreement compliance. Results of monitoring efforts must be summarized in written reports, and supported with documented evidence, of follow -up actions taken to correct areas of noncompliance.
3. Cont
ent: Grantee shall cause all of the provisions of this Agreement in its entirety to be included in, and made a part of, any subcontract executed in the performance of this Agreement.
D. Copyright
If
this Agreement results in any copyrightable material, City reserves the right to royalty- free, nonexclusive, and irrevocable license to reproduce, publish, or otherwise use and to authorize others to use, the work for government purposes.
E. Religious Organization
Gr
antee agrees that funds provided under this Agreement will not be utilized for religious activities, to promote religious interests, or for the benefit of a religious organization.
VIII. SEVER
ABILITY
If
any provision of this Agreement is held invalid, the remainder of the Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect.
IX. W
AIVER
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City’ s failure to act with respect to a breach by Grantee does not waive its right to act with respect to subsequent or similar breaches. The failure of City to exercise or enforce any right or provision shall not constitute a waiver of such right or provision.
X. ENT
IRE AGREEMENT
Thi
s Agreement constitutes the entire agreement between City and Grantee for the use of Funds received under this Agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral , or written between City and Grantee with respect to this Agreement.
XI. BI
NDING EFFECT
Al
l the terms, covenants, and conditions of this Agreement shall inure to the benefits of and be binding upon successors and assigns of the parties to this Agreement.
XII. CO
UNTERPARTS
This Agreement may be executed in counterpart s by delivering a facsimile or secure electronic copy of the signed agreement to the other party, followed by delivery of the original documents bearing the original signatures. However, failure to deliver the original documents does not affect the enforceability of this Agreement.
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IN W
ITNESS THEREOF, the Parties have executed this Agreement as of the date first written above.
SP
ARC Theater
501(c)3 Non-Profit Corporation
“Grantee”
By: ___________________________ Dated: ____________________________ Lisa A. Tromovitch
President and Executive/Artistic Director
CIT
Y OF LIVERMORE
a Municipal Corporation
“City”
By: ______
____________________ Dated: ____________________________ Marianna A. Burch
City Manager
APPRO
VED AS TO FORM:
______
________________________
Deputy/Assistant/Senior Assistant/City Attorney
Atta
chments:
Ex
hibit A Application for Project and Program Grant from the City of Livermore Exhibit B Insurance Requirements
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Sparc Theater- Project and Program Grant Submission- March 1, 2025 12 Docusign Envelope ID: 5C620822-5012-4A26-9A47-C2D3E7E1919C
EXHIBIT D
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Sparc Theater- Project and Program Grant Submission- March 1, 2025 13 Docusign Envelope ID: 5C620822-5012-4A26-9A47-C2D3E7E1919C
EXHIBIT D
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Sparc Theater- Project and Program Grant Submission- March 1, 2025 14 Docusign Envelope ID: 5C620822-5012-4A26-9A47-C2D3E7E1919C
EXHIBIT D
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Sparc Theater- Project and Program Grant Submission- March 1, 2025 15 Docusign Envelope ID: 5C620822-5012-4A26-9A47-C2D3E7E1919C
EXHIBIT D
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Sparc Theater- Project and Program Grant Submission- March 1, 2025 16 Docusign Envelope ID: 5C620822-5012-4A26-9A47-C2D3E7E1919C
EXHIBIT D
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Sparc Theater- Project and Program Grant Submission- March 1, 2025 17 Docusign Envelope ID: 5C620822-5012-4A26-9A47-C2D3E7E1919C
EXHIBIT D
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Sparc Theater- Project and Program Grant Submission- March 1, 2025 18 Docusign Envelope ID: 5C620822-5012-4A26-9A47-C2D3E7E1919C
EXHIBIT D
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Sparc Theater- Project and Program Grant Submission- March 1, 2025 19 Docusign Envelope ID: 5C620822-5012-4A26-9A47-C2D3E7E1919C
EXHIBIT D
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Sparc Theater- Project and Program Grant Submission- March 1, 2025 20 Docusign Envelope ID: 5C620822-5012-4A26-9A47-C2D3E7E1919C
EXHIBIT D
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Sparc Theater- Project and Program Grant Submission- March 1, 2025 21 Docusign Envelope ID: 5C620822-5012-4A26-9A47-C2D3E7E1919C
EXHIBIT D
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Sparc Theater- Project and Program Grant Submission- March 1, 2025 22 Docusign Envelope ID: 5C620822-5012-4A26-9A47-C2D3E7E1919C
EXHIBIT D
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Sparc Theater- Project and Program Grant Submission- March 1, 2025 23 Docusign Envelope ID: 5C620822-5012-4A26-9A47-C2D3E7E1919C
EXHIBIT D
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Sparc Theater- Project and Program Grant Submission- March 1, 2025 24 Docusign Envelope ID: 5C620822-5012-4A26-9A47-C2D3E7E1919C
EXHIBIT D
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Sparc Theater- Project and Program Grant Submission- March 1, 2025 25 Docusign Envelope ID: 5C620822-5012-4A26-9A47-C2D3E7E1919C
EXHIBIT D
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Sparc Theater- Project and Program Grant Submission- March 1, 2025 26 Docusign Envelope ID: 5C620822-5012-4A26-9A47-C2D3E7E1919C
EXHIBIT D
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Sparc Theater- Project and Program Grant Submission- March 1, 2025 27 Docusign Envelope ID: 5C620822-5012-4A26-9A47-C2D3E7E1919C
EXHIBIT D
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Sparc Theater- Project and Program Grant Submission- March 1, 2025 28 Docusign Envelope ID: 5C620822-5012-4A26-9A47-C2D3E7E1919C
EXHIBIT D
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Sparc Theater- Project and Program Grant Submission- March 1, 2025 29 Docusign Envelope ID: 5C620822-5012-4A26-9A47-C2D3E7E1919C
EXHIBIT D
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Sparc Theater- Project and Program Grant Submission- March 1, 2025 30 Docusign Envelope ID: 5C620822-5012-4A26-9A47-C2D3E7E1919C
EXHIBIT D
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Sparc Theater- Project and Program Grant Submission- March 1, 2025 31 Docusign Envelope ID: 5C620822-5012-4A26-9A47-C2D3E7E1919C
EXHIBIT D
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Sparc Theater- Project and Program Grant Submission- March 1, 2025 32 Docusign Envelope ID: 5C620822-5012-4A26-9A47-C2D3E7E1919C
EXHIBIT D
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Sparc Theater- Project and Program Grant Submission- March 1, 2025 33 Docusign Envelope ID: 5C620822-5012-4A26-9A47-C2D3E7E1919C
EXHIBIT D
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Sparc Theater- Project and Program Grant Submission- March 1, 2025 34 Docusign Envelope ID: 5C620822-5012-4A26-9A47-C2D3E7E1919C
EXHIBIT D
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Sparc Theater- Project and Program Grant Submission- March 1, 2025 35 Docusign Envelope ID: 5C620822-5012-4A26-9A47-C2D3E7E1919C
EXHIBIT D
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Sparc Theater- Project and Program Grant Submission- March 1, 2025 36 Docusign Envelope ID: 5C620822-5012-4A26-9A47-C2D3E7E1919C
EXHIBIT D
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Revised 7/10/24 B15- GL
EXHIBIT B
INSURANCE REQUIREMENTS
Minimum Scope and Limits of Insurance
Grantee shall maintain limits no less than:
1. Commercial General Liability, including operations, products and completed operations, as applicable:
$1,000,000/$2,000,000 aggregate per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability or other form of insurance with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
Deductibles and Self-Insured Retention
All self-insured retentions (SIR) must be disclosed to Risk Management for approval and shall not reduce the limits of liability. Policies containing any self-insured retention (SIR) provision shall provide, or be endorsed to provide, that the SIR may be satisfied by either the named insured or the City of Livermore. The City of Livermore reserves the right to obtain a full certified copy of any insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of no less than A:
VII and accepted to do business in the State of California, unless otherwise acceptable to the City of Livermore.
Other Insurance Provisions
The general liability policies are to contain, or be endorsed to contain, the following provisions:
1. The City of Livermore, its officers, officials, employees, and designated volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of the Grantee. The coverage shall contain no special limitations on the scope of protection afforded to the City of Livermore, its officers, officials, employees, or volunteers.
2. The limits of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. The additional insured coverage under the Grantee’s policy shall be primary and non- contributory and will not seek contribution from the City’s insurance or self- insurance and shall be at least as broad as ISO Form CG 20 10 04 13.
Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non- contributory basis for the benefit of the City of Livermore before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
3. Any failure to comply with reporting or other provisions of the policy, Docusign Envelope ID: 5C620822-5012-4A26-9A47-C2D3E7E1919C
EXHIBIT D
209
Revised 7/10/24 B15- GL
including breaches of warranties, shall not affect coverage provided to the City of Livermore, its officers, officials, employees, or volunteers.
4. The Grantee’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
5. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party before expiration of the policy unless notice is delivered in accordance with policy provisions.
6. It shall be a requirement under this agreement that any available insurance proceeds broader than, or in excess of, the specified minimum insurance coverage requirements and/or limits shall be available to the additional insured. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named Insured; whichever is greater.
7. Certificate Holder section of the insurance certificate should read: City of Livermore, 1052 S. Livermore Avenue, Livermore, CA 94550
Verification of Coverage
Grantee shall furnish certificates of insurance and endorsement(s) effecting coverage to the City of Livermore for approval. The endorsements shall be on forms acceptable to the City of Livermore. All certificates and endorsements are to be received and approved by the City of Livermore before work commences. The City of Livermore reserves the right to require complete and certified copies of all insurance policies required by this Agreement.
Docusign Envelope ID: 5C620822-5012-4A26-9A47-C2D3E7E1919C
EXHIBIT D
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CITY COUNCIL STAFF REPORT
ITEM NO. 5.7
DATE:
June 23, 2025
TO:
Honorable Mayor and City Council
FROM:
Tina Olson, Administrative Services Director
SUBJECT:
Resolution authorizing the execution of an agreement with HDR Engineering, Inc. for Geographic Information System (GIS) Strategic Plan implementation and GIS services for three years in an amount not-to-exceed $399,773.
RECOMMENDED ACTION
Staff recommends the City Council
adopt a resolution authorizing the City Manager to execute an agreement with HDR Engineering Inc. for Geographic Information Systems (GIS) Strategic Plan implementation and GIS services including enhancements, development, and maintenance services for three years in an amount not-to-exceed $399,773.
SUMMARY
The proposed agreement provides ongoing ArcGIS Enterprise services for the City's GIS database and system administration. This includes new development/deployment of public facing and internal hub sites, public facing asset web maps and applications, as well as developing GIS information prioritized in the GIS Strategic Plan. The proposed agreement covers three-years through the end of the Fiscal Year 2027-28 with a not-to-exceed total of $399,773. Staff recommends that Council adopt a resolution authorizing execution of an agreement for consulting services with HDR Engineering, Inc.
DISCUSSION
The City's GIS platform supports critical services for many departments, including Fire, Police, Economic Development, Community Development, and Public Works. It significantly reduces staff time and ensures timely information is available for emergencies, disaster recovery, routine customer requests, and city planning. The system provides detailed information on street right-of-way, easements, property lines, and utility infrastructure, among others. Multiple departments rely on GIS for planning, engineering, infrastructure maintenance, emergency response, and disaster recovery. Maintaining the integrity and functionality of this data is crucial.
To stay current and accessible to the public, the City is modernizing and transforming its outdated GIS technology. This includes implementing the GIS Strategic Plan recommendations, redesigning GIS tools 211
for various departments, and developing new public-facing applications. HDR Engineering, Inc. will assist in these efforts, ensuring that the City's GIS remains a centralized and accessible resource for both staff and the public. Staff is recommending the execution of a new contract with HDR Engineering, Inc. through June 30, 2028.
FISCAL AND ADMINISTRATIVE IMPACTS
The agreement for professional services between the City of Livermore and HDR Engineering, Inc. includes a not-to-exceed amount of $399,773 over three years. All costs associated with the proposed contract are included in the current Information Technology Division’s budget.
COMMUNITY PILLAR
5: A City That Works
GOAL
11: Modernize key business systems and processes to increase efficiency and improve transparency
ATTACHMENTS
1. Resolution
2. Exhibit A - Agreement
Prepared by: Kim Loan Tran
GIS Program Manager
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
212
Rev. 04.2025 RESOLUTION NO. ________
IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA
A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH HDR ENGINEERING, INC., IN THE AMOUNT NOT-TO-EXCEED $399,773 OVER THREE
YEARS FOR GEOGRAPHIC INFORMATION SYSTEM STRATEGIC PLAN
IMPLEMENTATION AND GIS SERVICES
The City is making a forward -thinking investment in its GIS platform by modernizing and transforming outdated technology. This initiative will undoubtedly benefit the community by improving efficiency and accessibility. HDR’s involvem ent ensures expertise in the redesign and development process, which adds to the confidence in its success.
The emphasis on public -facing applications, such as the Capital Improvement Projects story map, highlights the City's commitment to fostering resid ent engagement and promoting transparency. With HDR's support, the GIS will continue to serve as a centralized and accessible resource for both City staff and the public.
Staff is recommending the execution of a new contract with HDR Engineering, Inc. through June 30, 2028.
NOW, THEREFORE, B E IT RESOLVED by the City Council of th e City of Livermore, that it hereby:
1. Authorizes the City Manager to execute an agreement with HDR Engineering, Inc. in an amount not-to-exceed $399,773 over three years.
2. Authorizes the City Manager to take whatever actions are necessary and appropriate to carry out the purpose and intent of this resolution.
On motion of Council M ember ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on June 23, 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Daniel R.Gonzales
Deborah L. Elam Daniel R. Gonzales
City Clerk Deputy City Attorney
Exhibit A – Agreement with HDR Engineering Inc.
213
25-0314
PROFESSIONA
L SERVICES AGREEMENT
THIS AGREEMENT is made and entered on by and between the City of Livermore (“City”), a municipal corporation, and HDR Engineering, Inc, ("Consultant"), a Nebraska Corporation.
RECITALS
City requires professional services to redesign and maintain the City's Geographic Information Systems (GIS) in Amazon Web Services (AWS). Over the next thirty -six months, consultant will divide the GIS Services into three areas: 1) System Administration and data governance in AWS, 2) Development and integration of new applications and integration of the City's GIS with other business systems, and 3) Provide Ad- hoc mapping.
Consultant represents and warrants that it possesses the distinct professional skills, qualifications, experience, and resources necessary to timely perform the services described in this Agreement. Consultant acknowledges City has relied upon these representations and warranties as inducement to award this Agreement to Consultant.
AGREEMENT
NOW, THEREFORE, City and Consultant hereby agree that the aforementioned recitals are true and correct and further agree as follows:
1. Retention as Consultant. City hereby retains Consultant, and Consultant hereby accepts such engagement, to perform the Services described and defined below in Section 3 Description of Services subject to the terms and conditions in this Agreement.
2. Relations
hip of Parties – Independent Contractors.
(a) The relationship of the parties shall be that of independent contractors. Consultant is and shall at all times remain as to City a wholly independent contractor during the term of this Agreement.
(b) Consultant and its personnel performing the Services on behalf of Consultant are not City office rs or employees. Consultant’s personnel shall at all times be under Consultant’s exclusive direction, control , supervision, and management. Consultant, at its own cost and expense, is responsible for all workers compensation insurance, withholding taxes, unemployment insurance, and any other employer obligations associated with the delivery of the Services by Consultant’s personnel. (c) Consultant and its personnel providing the Services shall not qualify for or become entitled to, and hereby waive any claims to, any compensation, benefit, or any incident Docusign Envelope ID: 732FCB4C-0E23-4F6B-B9C3-B9BEC1A17559
EXHIBIT A
214
in employment by City, including but not limited to enrollment in the California Public Employees Retirement System (PERS) as an employee of City and any entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits.
(d) Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatsoever against City, and shall have no aut hority, express or implied, to bind City to any obligation whatsoever.
3. Descri
ption of Services. Consultant shall provide the following professional services as more particularly set forth in Exhibit A Scope of Work collectively defined with the information in this section as “the Services” for the purposes of this Agreement: redesign and maintain the City's Geographic Information Systems (GIS) in Amazon Web Services (AWS). Over the next thirty-six months, consultant will divide the GIS Services into three areas: 1) System Administration and data governance in AWS, 2) Development and integration of new applications and integration of the City's GIS with other business systems, and 3) Provide Ad-hoc mapping.
4. Consultant’s Responsibilities. Consultant, at its own cost and expense, shall:
(a) Coordinate the Services with Kim Loan Tran (“Project Manager”), or such other person designated as the Project Manager by City;
(b) At
all times faithfully, competently, and diligently perform the Services to the best of its ability, experience, and talent in a courteous manner to the highest industry standards when performing the Services required hereunder. For the purposes of this Agreement the phrase “highest industry standards” means those professional standards recognized by one or more professional consultants performing similar Services under similar circumstances within City’s region; (c) Provide the resources and assign competent Consultant personnel necessary to complete the Services in a timely manner;
(d) Immediately remove and replace, without any cost to City, any member of Consultant’s personnel providing the Services to City, in its sole discretion and at any time during this Agreement, directs Consultant to remove and replace, and City agrees to advise Consultant of the reason for the direction for the removal and replacement; (e) Provide all facilities, goods, materials, and equipment that may be necessary for Consultant’s personnel to provide the Services. City may furnish physical facilities such as desks, filing cabinets, and conference space that may be reasonably necessary for Consultant’s use for the Services, but in no event shall City be required to furnish any facilities that involve incurring a direct expense such as computer, software, long- distance telephone or other communication charges, vehicles, or document reproduction facilities;
Docusign Envelope ID: 732FCB4C-0E23-4F6B-B9C3-B9BEC1A17559
EXHIBIT A
215
(f) Obtain and keep in effect during the term of this Agreement all necessary licenses , permits, qualifications, insurance, and approvals legally and professionally required for Consultant to practice its profession and to provide the Services , including obtaining a business license from the City of Livermore, and keep them all in effect for the term of this Agreement;
(g) Obtain and complete the appropriate City forms for the City to pay Consultant electronically via the Automated Clearing House (ACH). Those forms may be obtained by email at [email protected] or by calling Accounts Payable staff at (925) 960-4345. If Consultant opts-out of electronic payment, it must likewise complete the appropriate City forms that can be obtained from thos e same sources for payment by check . The authority granted by those forms will remain in force and effect until the City receives written notification of changes, which changes shall not take effect for at least ten business days to afford City a reasonable opportunity to act;
(h) Provide City with a complete Request for Taxpayer Identification Number and Certification Form W-9 using the form most recently issued by the Internal Revenue Service;
(i) Comply with all applicable state and federal laws, as well as Alameda County and City of Liv ermore ordinances, regulations, and adopted codes, when providing the Services;
(j) Only invoice City for the Services rendered. Consultant’s invoice shall be in writing and describe the Services performed for the payment requested, and if requested by the Project Manager, Consultant shall certify the correctness of any invoice or invoices for Services provided. Consultant shall not submit an invoice to City more frequently than once a calendar month;
(k) Keep and maintain invoices and records related to the Services in an organized manner. At a minimum, the records must be kept for at least three years from the date of City’s final payment to Consultant and must include time sheets, work progress reports, and other documentation to adequately explain all the Services invoiced for payment. Consultant shall make the invoices and records immediately available to City upon delivery of a written request to examine, audit, or copy them at City’s place of business during normal business hours. Consultant shall give City 30 calendar- days’ written notice prior to destroy ing the invoices and records and allow City an opportunity to take possession. If City wants to take possession, then Consultant and City shall coordinate delivery of the invoices and records to City in the most efficient manner possible;
(l) Be available to the Project Manager, City staff, and other parties referred to Consultant by the Project Manager to answer questions or inquiries related to the Services or invoices;
(m) Prepare and submit a written report to the Project Manager, within three business- days of the Project Manager’s written request, that identifies the Services completed Docusign Envelope ID: 732FCB4C-0E23-4F6B-B9C3-B9BEC1A17559
EXHIBIT A
216
and in progress, the charges incurred to date, and the anticipated cost to complete the remaining Services;
(n) Correct all errors in the Services. If Consultant fails to make such correction in a timely manner, then City may make the correction and then charge the cost thereof to Consultant or deduct that cost from the compensation payable to Consultant; (o) Comply with the Americans with Disabilities Act (ADA) of 1990, and all amendments thereto, as well as all applicable regulations and guidelines issued pursuant to the ADA, when providing the Services; and,
(p) If applicable, Consultant shall ensure that all work for compensation is provided in compliance with the requirements of the California Labor Code including but not limited to hours of labor, nondiscrimination, payroll records, apprentices, worker’s compensation and prevailing wages.
5. Term. The term of this Agreement commences on 07/01/2025 and terminates upon the completion of the Services or 06/30/2028, whichever occurs first.
6. Ter
mination by City. City may terminate any portion or all of the Services by giving Consultant at least 30 calendar -days’ written notice. Upon receipt of a termination notice, Consultant shall immediately stop all work in progress on the Services except where necessary to preserve the benefit of the work, and Consultant shall then assemble the work on the Services for delivery to City on the termination date. All compensation for Services performed prior to the termination date shall be payable to Consultant in accordance with and subject to Section 7.
7. Compe
nsation and Payment.
(a) The total compensation payable by City to Consultant for the Services SHALL NOT EXCEED the sum of $399,773.00 ("not-to-exceed amount"). (b) City shall compensate Consultant for the Services rendered at the hourly rates or task amounts set forth in Exhibit B Fee Schedule, and shall reimburse Consultant for travel expenses and other costs that are identified in Exhibit B, up to the not -to-exceed amount.
(c) Consultant and City acknowledge that compensation paid by City to Consultant pursuant to this Agreement is based upon Consultant’s estimated costs to provide the Services, including the salaries and benefits paid by Consultant to its personnel.
Consequently, Consultant and City further agree that compensation paid by City to Consultant is intended to include the costs of contributions to any pensions or annuities, or both, to which Consultant and its personnel may be eligible, and that City has no responsi bility for contributions beyond the compensation paid to Consultant under this Agreement. A s provided this Agreement, the hourly rates, task amounts and reimbursement for specified travel expenses and costs in the Fee Schedule are intended to be Consultant’s only compensation for the Services and is inclusive of all costs of labor, licensing, permitting, overhead and administrative costs, and any-and- Docusign Envelope ID: 732FCB4C-0E23-4F6B-B9C3-B9BEC1A17559
EXHIBIT A
217
all other costs, expenses, and charges incurred by Consultant, its agents, and employees to provide the Services, including all taxes Consultant is required to pay. (d) City shall pay Consultant no later than 30 days after City receives a written invoice from Consultant and verifies the Services were performed for the payment requested. (e) City shall pay Consultant via the Automated Clearing House or as otherwise instructed by Consultant pursuant to Section 4(g) above.
8. Ownership of Documents . All drawings, designs, data, photographs, reports and other items prepared or obtained by Consultant in the performance of the Services are City’s property and Consultant shall deliver them to City upon demand.
9. Intellectual Property, Copyright, and Right of Use. All items created by Consultant for City under this Agreement are works made for hire, and Consultant shall give City the copyright and all intellectual property rights to all items developed, prepared, and delivered as part of the Services. Consultant agrees that all aspects of the Services and items created thereby will be original works of creation and will not use, in whole or in part, any work created by any other party, except when expressly disc losed by Consultant to City and Consultant obtains a license to such items for the benefit of City.
All licenses must be perpetual, world- wide, non-exclusive, and royalty free sufficient in scope to permit City’s full use and enjoyment of its ownership rights in the items created by the Services.
10. Confidentiality. Consultant shall not disclose any confidential or proprietary information received from City to anyone except Consultant’s personnel who require access to the information to perform the Services. This obligation shall survive termination and remain in full force and effect until the information, and any copies thereof, are returned to City or confirmed destroyed in a manner satisfactory to City.
11. Defense, Indemnity, and Hold Harmless. To the fullest extent permitted by law, Consultant shall hold harmless, indemnify, and defend with counsel selected by or otherwise acceptable to City, City and its elected and appointed officials, officers, directors, employees, agents , and designated volunteers (collectively “Indemnified Parties”) from and against any and all liability, loss, damage, claims, expenses, and costs (including without limitation, attorney’s fees and costs and fees of litigation) (collectively “Liability”) of every nature arising out of or in connection with Consultant’s performance of the Services, or in connection with Consultant’s failure to comply with any of its obligations contained in this Agreement, except for such Liability caused by the sole active negligence or willful misconduct of the Indemnified Parties . Consultant’s obligations to hold harmless, indemnify, and defend shall not be excused because of Consultant’s inability to evaluate Liability or because Consultant evaluates Liability and determines that Consultant is not liable to the claimant. These obligations are independent of, and shall not in any way be limited by, the minimum insurance obligations contained in this Agreement. These obligations shall survive the completion or termination of this Agreement. Consultant must respond within 30 days to the tender of any claim for defense and indemnity by City.
Docusign Envelope ID: 732FCB4C-0E23-4F6B-B9C3-B9BEC1A17559
EXHIBIT A
218
(a) Modification for Construction Contracts. To the extent this Agreement is a “construction contract” covered by California Civil Code s ection 2782, then Consultant’s duty to indemnify shall not apply in a manner prohibited by California Civil Code section 2782.
(b) Modification for Design Professional Services. To the extent this Agreement is for “design professional services” defined in California Civil Code section 2782.8, then Consultant’s duties to defend and indemnify shall only apply to the extent provided for in California Civil Code section 2782.8(a) , unless section 2782.8(a) is not applicable for one of the reasons set forth in 2782.8(e)
12. Insurance. Without limiting Consultant’s indemnification of the Indemnified Parties, Consultant shall procure and maintain at its own expense during the term of this Agreement policies of insurance in the amounts and under the terms set forth in Exhibit C Insurance Requirements a gainst claims and Liability that may arise from or in connection with this Agreement and performance of the Services. Upon reasonable written notice, Consultant shall comply with any changes in the amounts and terms of insurance as may be required from time-to-time by City’s Risk Manager.
13. Force Majeure; Service Delays. Should Consultant’s performance of the Services be obstructed or delayed due to changes in the Services by City, by any default, act, or omission of City, or by strikes, fire, earthquake, or any other Act of God, or by the inability to obtain goods, materials, equipment, or labor due to federal government restrictions arising out of defense or war programs, then Consultant’ s time for performance may, at City’s sole discretion, be extended for such periods as may be agreed upon by City and Consultant. Nothing in this section r estricts City’s authority in Section 6 to terminate this Agreement.
14. Acceptance of Final Payment. Consultant’s acceptance of final payment will release City from any and all claims and liabilities for compensation under this Agreement.
15. Acceptance of Work. City’s acceptance of, or payment to Consultant for, the Services does not release Consultant from its responsibility for the accuracy , completeness, or competency of the Services, nor do the actions constitute an assumption of Consultant’s responsibility or liability by City for any defect or error in the Services.
16. Conflict of Interest. Consultant represents that no City employee or official has a financial interest in Consultant. Consultant shall not offer, encourage, or accept any financial interest in any part of Consultant's business by or from a City employee or official during the term of this Agreement or as a result of being awarded this Agreement. If any of the Services are paid by reimbursement from an agreement between City and a private party, Consultant represents that it has not performed any work for that private party during the twelve-month period prior to the execution of this Agreement , and that it shall not negotiate, offer, or accept any contract for services from that party during the term of this Agreement.
Docusign Envelope ID: 732FCB4C-0E23-4F6B-B9C3-B9BEC1A17559
EXHIBIT A
219
17. Economic Disclosure. Consultant shall comply with City’s local conflict of interest code implementing the California Political Reform Act, and shall prepare and file an economic disclosure statement if the S ervices involve making, or participation in making, governmental decisions or financial decisions by City that may have a material effect on Cons ultant’s financial interest s as determined by the City Attorney’s Office .
While it is Consultant’s sole responsibility to evaluate its conflicts of interest, Consultant nevertheless agrees to prepare and file an economic disclosure statement if requested by City.
18. Levine Act Compliance . California Government Code section 84308 (Levine Act) prohibits City officers from participating in any action related to a contract, license, permit, or entitlement if the officer receives political contributions from a party, or participant, or agent thereof, that totals more than $50 0 within the twelve months preceding the decision or within the twelve months following the date of the final decision.
Consultant shall review and complete as necessary the City’s California Levine A ct Disclosure Statement that can be obtained from the City Clerk.
19. Use of Recycled Products. If fitness and quality are equal, then Consultant shall utilize recycled products consistent with the City’s Environmentally Preferrable Purchasing and Practices Policy, and as defined in California Public Contract Code Section 12200 for the Services, instead of nonrecycled products whenever recycled products are available at the same or a lesser cost than nonrecycled items. Information on recycled materials can be found here:
• Sustainable Purchasing | StopWaste - Home, Work, School • Reducing Waste at Work | StopWaste - Home, Work, School • Recommendations of Specifications, Standards, and Ecolabels for Federal Purchasing | US EPA
20. Non-Exclusive Agreement . This Agreement is non-exclusive. City reserves the right to provide, and to retain other qualified consultants to provide, services that are the same or similar to the Services.
21. Business Entity Status. Consultant is responsible for filling all required documents and forms with the California Secretary of State and meeting all requirements of the Franchise Tax Board, as well as the California Business and Professions Code and any other state statute, to the extent such requirements apply to Consultant to provide the Services. By entering into this Agreement, Consultant represents that it is: authorized to do business in California; in good standing with the California Secretary of State; and, in good standing with all agencies having jurisdiction over Consultant , including any licensing agencies. If Consultant is a suspended entity at the time it enters into this Agreement, City may take steps to void this Agreement.
22. Authority to Execute Agreement . Consultant has taken all necessary action to authorize the execution of this Agreement, and expressly represents that the person signing this Agreement on behalf of Consultant has received and accepted the authority to sign and execute this Agreement on behalf of Consultant. Upon the Effective Date, this Agreement shall constitute a legal, valid and binding obligation of Consultant, enforceable against Consultant in accordance with its terms, which authorization is Docusign Envelope ID: 732FCB4C-0E23-4F6B-B9C3-B9BEC1A17559
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ratified and confirmed upon Consultant’s acceptance of the first compensation payment by City.
23. No Subcontracting and No Assignment . Consultant’s unique personal competence, experience, specialized personal knowledge, and professional reputation were a substantial inducement to City for the award of this Agreement to Consultant , therefore no part of the Services may be assigned or subcontracted without City’s prior written consent. For the purposes of this section, a change of fifty percent or more in the ownership or control of Consultant constitutes an assignment.
24. Remedies. All remedies permitted or available under this Agreement, or at law or in equity, are cumulative and alternative, and the invocation of a right or remedy will not be construed to waive or elect a remedy with respect to any other available right or remedy. As a condition precedent to commencing legal action involving a claim or dispute against City arising from this Agreement, Consultant must present a written claim to City in accordance with Livermore Municipal Code Chapter 3.40 Claims Administration.
25. Work Eligibility . Consultant warrants that only personnel authorized to work in the United States pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be provided by Consultant for the performance of the Services.
26. Non-Discrimination. In performance of the Services, Consultant agrees that it will not engage in discrimination in employment of persons because of such person’s race, color, religion, sex/gender, gender identity/expression, sexual orientation, marital status, medical condition, military or veteran status, national origin, ancestry, disability, genetic information, age, or any protected classification when providing the Services. Consultant further agrees to comply with all provisions of Title VI of the Ci vil Rights Act of 1964, which prohibits discrimination on the basis of race, color, or national origin in all programs or activities receiving federal financial assistance. Consultant further assures that it will take necessary actions to ensure compliance with these requirements in the performance of this Agreement.
27. Construction of Language.
(a) The terms and conditions in this Agreement have been arrived at through negotiation and each party had a full and fair opportunity to review and revise this Agreement with legal counsel. Any ambiguity in this Agreement will not be resolved against either party as the drafting party. In the event of an inconsistency or conflict between the language in the body of the Agreement and any exhibit hereto, the language in the body of the Agreement controls.
(b) For the purposes of this Agreement, the terms “writing” and “written” includes electronic documents and communication via email, but not when those terms are used in Sections 6, 12, 23, and Sections 27 through 30 for notices, consent, or modifications. For the notices, consent, and modifications in Sections 6, 12, 23, and Sections 27 through 30, the terms “writing” and “written” means either a physically Docusign Envelope ID: 732FCB4C-0E23-4F6B-B9C3-B9BEC1A17559
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tangible document or an electronic document that satisfies the requirements in Livermore Municipal Code Section 2.64 Electronic Signatures.
28. Enti
re Agreement; Modification. This Agreement supersedes all other agreements, whether oral or written, between the parties with respect to the Services.
Any modification to this Agreement must be in writing and signed by both parties. In the event the original of this Agreement is lost or destroyed, an archival copy maintained by City can be used in place of the original for all purposes with the same effect as if it was the original.
Notice. Notices under this Agreement must be delivered to the addresses below by deposit in the United States mail or by overnight delivery service, with postage prepaid and delivery confirmation:
TO CI
TY: Attention: Kim Loan Tran
City of Livermore / Adm inistrative Services
1052 South Livermore Avenue Liv ermore, CA, 94550
[email protected]
Ema
il: [email protected]
accou [email protected]
Cit [email protected]
TO CONSULTANT: Attention: Joel Griffin
HDR Engineering, Inc.
2365 Iron Point Road, Suite 300
Folsom, CA, 95630
United States
Email: [email protected]
29. Waiver . Failure to insist upon the strict performance of any term or condition in this Agreement, no matter how long the failure continues, is not a waiver of the term or condition and does not bar the right to subsequently demand strict performance. To be effective, a waiver must be in writing and signed by the non- breaching party.
30. Severability. If a court of competent jurisdiction determines a provision in this Agreement is invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force and effect without being impaired in any way.
31. Survival . The terms, conditions, and obligations in Sections 2, 8 through 11, 23, 24, 30, and 31 through 33 shall survive the completion or termination of this Agreement.
32. Jurisdiction and Venue. The interpretation, validity, and enforcement of this Agreement shall be governed by and construed in accordance with the laws of the State of California. Any suit, claim, or legal action of any kind related to this Agreement Docusign Envelope ID: 732FCB4C-0E23-4F6B-B9C3-B9BEC1A17559
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shall be filed and heard in a court of competent jurisdiction in the County of Alameda or in the United States District Court for the Northern District of California.
33. Electronic Signatures. By signing this document, you are agreeing that you have reviewed this disclosure information and consent to transact business using electronic communications and to utilize electronic signatures in lieu of using paper documents pursuant to Livermore Municipal Code section 2.64 Electronic Signatures and all other applicable laws . You are not required to sign documents electronically. If you prefer not to do so, you may request to receive paper copies and withdraw your consent at any time.
34. Counterparts. This Agreement may be executed and delivered in one or more counterparts, each of which will be deemed to be an original copy of this Agreement, and all of which, when taken together, will be deemed to constitute one and the same agreement. The facsimile, email, or other electronically delivered signatures of the Parties shall be deemed to constitute original signatures, and facsimile or electronic copies hereof shall be deemed to constitute duplicate originals and shall be valid and effective for all purposes.
Signatures and Exhibit List on the Next Page
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In concurrence and witness whereof, and in recognition of the mutual consideration provided therefore, the parties have executed this Agreement, effective on the date set forth in the first paragraph of this Agreement, which is the date that this Agreement was signed on behalf of City after it was signed by Consultant.
CONSULTANT: Dated:
Holly Kennedy
Senior Vice President
CITY OF LIVERMORE: Dated:
Marianna A. Burch
City Manager
APPROVED AS TO FORM:
Deputy/ Assistant /Senior Assistant /
City Attorney
APPROVED AS TO INSURANCE:
\s{r}\
Risk Manager/Analyst
Exh
ibits:
Exhibit A – Scope of Work
Exhibit B – Fee Schedule
Exhibit C – Insurance Requirements
Exhibit D – GIS Support of Services
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EXHIBIT A
Scope of Work
Project Name Project Manager
GIS Support Services Kim Loan Tran
Project Goals
and
Objectives
The overall goal is to enhance the City’s GIS capabilities to better serve City staff and the public. Over the course of three years, Consultant will establish, maintain, and optimize the City's ArcGIS Enterprise deploym ent in Amazon Web Services (AWS).
This includes database
administration, system maintenance, and
configuration of GIS services. Consultant will also perform additional tasks to support the setup and ongoing management of the City’s AWS environment.
Scope of
Work
Description
On an as -needed basis, Consultant will conduct Enterprise GIS Administrative duties such as system monitoring, user access, group and content organization, and license management. Consultant will configure and publish GIS Services that will be used for AWS GIS Platform web maps and applications. This is to include database administration and GIS versioning configuration as well as publishing capabilities and service configurations that will supplement work not identified in other consultant services relatin
g to enterprise GIS
administration.
On an as-needed bas
is, Consultant will configure and publish GIS web
maps and applications for use in the AWS Enterprise portal and AGOL as a distributed collaboration. This includes layer configuration, field visibility settings, pop-ups, and overall service performance. Consultant will also assist in creating and sharing editing templates and associated content with the Enterprise portal.
Consu
ltant will assist the City with GIS or GIS-related tasks that do not fit into the other tasks specified above. This is to include ad- hoc map requests and editing, new application development, and general GIS support services.
Support for this work will include project management activities. Project management will be provided by Consultant to monitor the hours spent, the task order set up process, and work progress on individual work requests. Status reports and project invoices will be provided to the City as required.
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Project
Deliverables
• AWS Production Geodatabase with Branch versioning enabled • Published GIS Services within AWS Portal
• A newly established Portal for ArcGIS administrative user account for use as content owner for services maps and
applications
• City of Livermore Enterprise GIS Operations Guide (Microsoft Word format)
• Publishing of AWS Edit Services
• Enterprise web maps and applications
• Updated AGOL web sources through enterprise Distributed Collaboration
• Internal and External Hub site configuration and maintenance • Data Dictionary and Service Directory (Microsoft Excel format) • Updated Enterprise Operations Guide (Microsoft Word format) • Static map files
• Animation and visualization files
• Metadata
• GIS map products
• Analytic Operations Report(s)
Project Costs
Task Cost
Task 1 – GIS Administration and Publishing $141,990.00
Task 2 – Web Mapping and Applications $151,828.00
Task 3 – General GIS Services $71,811.00
Task 4 – Project Management $34,145.00
Total $399,773.00
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EXHIBIT B
COMPENSATION / FEE SCHEDULE
The Co
ntractor shall be compensated for the services identified in Exhibits A to this Agreement as follows:
1. Maxi
mum Not To Exceed Amount.
A. The max
imum the Contractor shall be paid on this Agreement is
$399,773.00 hereafter the Not to Exceed amount. The Not to Exceed amount includes all payments to be made pursuant to this Agreement, including City approved reimbursable expenses, if any. Nothing in this Agreement requires the City to pay for work not identified in Exhibit A.
B. Stan
dard Reimbursable Items: Only the reimbursable items identified shall be compensated to the Contractor. Reimbursable expenses will be reimbursed without markup. Reimbursable expenses shall not exceed the amount set forth in section 1.A of this Exhibit and a copy of the original invoice for the items listed in sections 1, 2 or 3 below shall be attached to the invoice submitted to the City for reimbursement. Payments shall be based upon work documents submitted by the Contractor to the City and accepted by the City as being satisfactory to City’s needs. Additionally, items such as a telephone, fax, postage or freight are already included in the billable hourly rate. Contractor shall be reimbursed the direct expenses, which are the actual cost of the following items that are reasonable, necessary, and actually incurred, by the Contractor in connection with the services:
1. Expens
es, fees or charges for printing, reproduction, or binding of documents at actual costs with no markup added to the actual cost.
2. Any f
iling fees, permit fees, or other fees paid or advanced by the Contractor at actual costs with no markup added to the actual cost.
3. Trav
el expenses shall be reimbursed at actual costs with no markup added to the actual cost.
C. The Co
ntractor shall be entitled to receive payments for its work performed pursuant to the Agreement. The City will pay Contractor based on invoices for acceptable work performed and approved until the Not to Exceed amount is reached. Thereafter, Contractor must complete services based on the Agreement without additional compensation unless there is a material change to the Statement of Work and Scope by a written Amendment.
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D. If w
ork is completed before the Not to Exceed amount is reached, the Contractor’s compensation will be based on the Contractor’s invoices previously submitted for acceptable work performed and approved.
2. Hourl
y Rates (if charging hourly rates. If not, insert table with basis of charges). The Not-to-Exceed amount of this contract shall be $399,773.00 to be billed by the contractor on an as -needed basis, based on the hourly rates as the following table:
Position Description Hourly Rate
GIS Technician $110 to $160
GIS Analyst $160 to $210
Sr GIS Analyst $210 to $310
Enterprise Solution Engineer $160 to $210
Sr Enterprise Solution Engineer $210 to $310
GIS Developer $210 to $285
Sr GIS Developer $285 to $335
Project Manager $235 to $310
Admin $100 to $185
3. Invoi
ces. Each invoice submitted shall identify the specific task(s) listed in Exhibit A and this Exhibit, and the completed work product/deliverable for the agreed upon price listed in this Exhibit B. Invoices shall be submitted to the below address:
Cit
y of Livermore
Information Technology
Administrative Services
Attention: Kim Loan Tran
1052 South Livermore Avenue
Livermore, CA 94550
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EXHIBIT C
INSURANCE
REQUIREMENTS
Mini
mum Scope and Limits of Insurance
Consultant/Contractor shall maintain limits no less than:
1. Commercial General Liability, including operations, products, and completed operations, as applicable:
$2,000,000 per occurrence/$4,000,000 aggregate for bodily injury, personal injury, and property damage. If Commercial General Liability or other form of insurance with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability:
$1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation and Employer's Liability:
Statutory limits as required by the State of California including $1,000,000 Employers’ Liability per accident, per employee for bodily injury or disease. A waiver of subrogation is required for Workers’ Compensation insurance. If Consultant/Contractor is a sole proprietor, then they must sign “Contractor Release of Liability.”
4. Professional Liability/Errors and Omissions:
$2,000,000 per claim. Consultant/Contractor warrants that any retroactive date under this policy shall precede the effective date of this contract and, either continuous coverage will be maintained, or an extended discovery period will be exercised for a period of two years beginning at the time work under this contract is completed.
Deduc
tibles and Self-Insured Retention
All self-insured retentions (SIR) must be disclosed to Risk Management for approval and shall not reduce the limits of liability. Policies containing any self-insured retention (SIR) provision shall provide, or be endorsed to provide, that the SIR may be satisfied by either the named insured or the City of Livermore. The City of Livermore reserves the right to obtain a redacted copy of any insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later.
Accept
ability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of no less than A:
VII and accepted to do business in the State of California, unless otherwise acceptable to the City of Livermore.
Othe
r Insurance Provisions
The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
1. The City of Livermore, its officers, officials, employees, and designated Docusign Envelope ID: 732FCB4C-0E23-4F6B-B9C3-B9BEC1A17559
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volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of the Consultant/Contractor; or automobiles owned, leased, hired or borrowed by the Consultant/Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City of Livermore, its officers, officials, employees, or volunteers.
2. The limits of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. The additional insured coverage under the Consultant’s/Contractor’s policy shall be primary and non-contributory and will not seek contribution from the City’s insurance or self-insurance and shall be at least as broad as ISO Form CG 20 10 04 13. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City of Livermore before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
3. Any failure to comply with reporting or other provisions of the policy, including breaches of warranties, shall not affect coverage provided to the City of Livermore, its officers, officials, employees, or volunteers.
4. The Consultant’s/Contractor 's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
5. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party before expiration of the policy unless notice is delivered in accordance with policy provisions.
6. The requirements for coverage and limits shall be the minimum coverage and limits specified in this agreement.
7. Certificate Holder section of the insurance certificate should read: City of Livermore, 1052 S. Livermore Avenue, Livermore, CA 94550 Ver
ification of Coverage
Consultant/Contractor shall furnish certificates of insurance and endorsement(s) effecting coverage to the City of Livermore for approval. The endorsements shall be on forms acceptable to the City of Livermore. All certificates and endorsements are to be received and approved by the City of Livermore before work commences. The City of Livermore reserves the right to require redacted copies of all insurance policies required by this Agreement.
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City of Livermore, California - GIS Support Services 2025-2028 Section 1 - Statement of Work
Introduction
The GIS Services 2025-2028 aims to enhance the City of Livermore’s (COL) GIS capabilities by supplementing existing support services. Over the course of three years, HDR will provide expertise to establish, maintain, and optimize the ArcGIS Enterprise deployment in Amazon Web Services (AWS). This includes expanding scope and capacity for database administration, system maintenance, and configuration of GIS services. HDR will also perform additional tasks to support the setup and ongoing management of the City’s AWS environment.
Task 1 System Administration and Publishing
Objectives
On an as-needed basis, HDR will conduct Enterprise GIS Administrative duties such as system monitoring, user access, group and content organization, and license management. HDR will configure and publish GIS Services that will be used for AWS GIS Platform web maps and applications. This is to include database administration and GIS versioning configuration as well as publishing capabilities and service configurations that will supplement work not identified in other consultant services relating to enterprise G IS administration as identified below:
Potential Services
• Monitor system performance and troubleshoot issues, such as slow service configurations • Assist in user management, including group assignments and permission settings • Track licenses and user counts
• Provide strategies for database and service integration & configuration related to Enterprise GIS, Accela, Tyler ERP , and NEXGEN
• Provide strategy for ArcGIS Online (AGOL) data synchronization • Implement database schemas approved by the City
• Configure Editor and Viewer user groups in Portal For ArcGIS • Configure database connections and versioning
• Create Publishing map templates
• Configure GIS Service parameters and permissions
• Enterprise troubleshooting
Deliverables
• AWS Production Geodatabase with Branch versioning enabled • Published GIS Services within AWS Portal
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• A newly established Portal for ArcGIS administrative user account for use as content owner for services maps and applications
• City of Livermore Enterprise GIS Operations Guide (Microsoft Word format) Assumptions
• Up to six (6) in person meetings with travel included, with most conducted remotely and will not require HDR staff to travel
• HDR will allocate 664 hours for this task
• HDR will not be responsible for Platform Installations or software licensing Task 2 Web Mapping and Applications
Objectives
On an as-needed basis, HDR will configure and publish GIS web maps and applications for use in the AWS Enterprise portal and AGOL as a distributed collaboration. This includes layer configuration, field visibility settings, pop-ups, and overall service performance. HDR will also assist in creating and sharing editing templates and associated content with the Enterprise portal.
Potential Services
• Author web maps and configure service layers
• Configure applications in Portal for ArcGIS
• Develop and share editing map templates
Deliverables
• Publishing of AWS Edit Services.
• Enterprise web maps and applications
• Updated AGOL web sources through enterprise Distributed Collaboration • Internal and External Hub site configuration and maintenance • Data Dictionary and Service Directory (Microsoft Excel format) • Updated Enterprise Operations Guide (Microsoft Word format) Assumptions
• HDR will allocate 840 hours for this task
• Service Publishing will be vetted and approved by COL • Service Publishing will be for maps and applications in the AWS Enterprise GIS Environment • HDR will not be responsible for Geocortex application maintence Docusign Envelope ID: 732FCB4C-0E23-4F6B-B9C3-B9BEC1A17559
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Task 3 General GIS Support
Objectives
HDR will assist the City with GIS or GIS-related tasks that do not fit into the other tasks specified above. This is to include ad-hoc map requests and editing, new application development, and general GIS support services.
Potential Services
• Create static maps as PDFs or image files such as JPEGs to stand alone or be included in documentation, either official products or working products as needed and directed by the City
• Create animations and immersive visualizations
• Data management including data-related documentation
• Data development
• Data processing, including analytical operations to combine inputs to create added information and understanding
• Perform data editing and map production as directed by the City Deliverables
• Static map files
• Animation and visualization files
• Metadata
• GIS map products
• Analytic Operations Report(s)
Assumptions
• HDR will allocate 560 hours for this task
• GIS projects under this task may grow and require separate contracting Task 4 Project Management
Objectives
Support for this work will include project management activities. Project management will be provided by HDR to monitor the hours spent, the task order set up process, and work progress on individual work requests. Status reports and project invoices will be provided to the City as required.
Deliverables
• Monthly invoicing
Assumptions
• HDR will allocate 164 hours for this task
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Section 2 - Rate Schedule
Services are to be provided for the duration of three years, beginning when the City has provided a written notice to proceed.
The total contract value shall not exceed $399,773. The Consultant will monitor expenses and notify City staff if a task requires more effort than previously estimated, prior to expending the entire budget. The City and HDR will work together in advance, to remedy the potential overrun (i.e., modify the task(s) and/or to augment the budget).
Table 1: Cost Estimate
Task Cost
Task 1 – GIS Administration and Publishing $141,990.00
Task 2 – Web Mapping and Applications $151,828.00
Task 3 – General GIS Services $71,811.00
Task 4 – Project Management $34,145.00
Total $399,773.00
Tab
le 2: Hourly Rates
Rate Category Hourly Rate
GIS Technician $110 to $160
GIS Analyst $160 to $210
Sr GIS Analyst $210 to $310
Enterprise Solution Engineer $160 to $210
Sr Enterprise Solution Engineer $210 to $310
GIS Developer $210 to $285
Sr GIS Developer $285 to $335
Project Manager $235 to $310
Admin $100 to $185
Escalation assumed at 4% each year starting January 1, 2026, to the contract end on June 30, 2028.
HDR will invoice the City by HDR’s standard employee hourly billing rate for services provided. The billing rates cover payroll cost, employee benefits, and HDR overhead and profit. The ranges of Docusign Envelope ID: 732FCB4C-0E23-4F6B-B9C3-B9BEC1A17559
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hourly billing rates shown above are intended to illustrate typical rates for each billing category, at a
3.25 multiplier. These rates are effective through December 31, 2025.
EXPEN
SES
In-House Expenses
Vehicle Mileage (per mile) Current Federal Travel Regulation (FTR) Ground Transportation (includes Rental Car and Fuel, Uber, Train, etc.) at cost Black/White Photocopies (per copy) $0.05 to $0.09
Color Copy (per copy) $0.15 to $0.30
Bond Plotting - Black & White (per square foot) $0.15
Bond Plotting - Color (per square foot) $0.90
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CITY COUNCIL STAFF REPORT
ITEM NO. 5.8
DATE:
June 23, 2025
TO:
Honorable Mayor and City Council
FROM:
Tina Olson, Administrative Services Director
SUBJECT:
Resolution approving the updated Investment Policy and the annual delegation of investment authority to the City Treasurer.
RECOMMENDED ACTION
Staff recommends that the City Council adopt a resolution approving the updated Investment Policy and the annual delegation of investment authority to the City Treasurer.
SUMMARY
The City’s adopted Investment Policy states that the City Council shall approve any modifications to the policy. There are no proposed changes to the authorized investments this year. Staff have added performance benchmarks tied to the 1-year and 5-year averages of the Treasury yield. In addition, under the State law the City Council can delegate the investment authority to the City Treasurer for a one-year period; the delegation requires renewal each year.
DISCUSSION
California Government Code Sections 53600 through 53659 defines the types of investments that municipal government can include in their portfolio, limits on the level of these investments, and the oversight required for the portfolio. The Investment Policy establishes strategies, practices, and procedures which are used in the administration of the City’s portfolio.
Staff has reviewed the proposed policy for consistency with State law and the City’s current investment strategies. There are proposed minor changes to the City’s investment policy. The changes outlined below will allow the City’s staff to evaluate the performance of the portfolio compared to benchmarks representing the 1-year and 5-year average of the Treasury yield.
1 .
The 1-year Treasury yield average is a good leading indicator of the return that can be expected for new investments. It can be used to show if market yields are rising or falling. 2 .
The 5-year Treasury yield average is a good indicator of the overall performance of the entire portfolio. It can be used to determine if the portfolio is outperforming or underperforming the 236
benchmark.
The State of California gives the City Council, in its capacity as the legislative body of the City and its related entities, the ability to delegate the investment authority to the City Treasurer (acting in the capacities of City Treasurer and treasurer of the City's related entities) for a one-year period in accordance with Section 53607 of the California Government Code. The delegation requires renewal each year.
On April 25, 2022, the City Council adopted Resolution No. 2022-062, determining that the person serving as the Administrative Services Director shall also serve as the City Treasurer and appointing the person holding the title of Administrative Services Director for the City of Livermore to serve as the City Treasurer.
The delegation of investment authority and responsibility from the City Council to the Administrative Services Director/City Treasurer will allow the Administrative Services Department to continue the prudent investment of the City’s pooled treasury funds and the effective and efficient support of the City’s efforts to meet its cash flow needs.
FISCAL AND ADMINISTRATIVE IMPACTS
There are no fiscal implications associated with the recommended action.
COMMUNITY PILLAR
5: A City That Works
GOAL
17: Ensure effective use of public resources
ATTACHMENTS
1. Investment Policy Red-Line
2. Resolution
3. Exhibit A - Investment Policy
Prepared by: David
Doyle
Accounting Supervisor
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
237
INVESTMENT POLICY
Adopted: June 23, 202510, 2024
Prepared By:
Administrative Services Department
ATTACHMENT 1
238
TABLE OF CONTENTS
Page
Section I Policy Introduction ......................................................................................... 1 Section II Scope .............................................................................................................. 1 Section III Prudence ......................................................................................................... 1 Section IV Investment Objectives .................................................................................... 2 Section V Authority to Invest Monies ............................................................................ 2 Section VI Ethics and Conflicts of Interest ...................................................................... 2 Section VII Authorized Financ ial Dealers & Institutions .................................................. 3 Section VIII Authorized and Suitable Investments ............................................................ 3 Section IX Collateralization ............................................................................................ 8 Section X Safekeeping and Custody .............................................................................. 8 Section XI Maximu m Maturities ..................................................................................... 8 Section XII Internal Control ............................................................................................. 8 Section XIII Reports of Investment Activities ................................................................... 9 Section XIV
Adoption ......................................................................................................... 9 Appendix A Glossary of Investment Terms ..................................................................... 10
ATTACHMENT 1
239
1 | Page
I. POLICY INTRODUCTION
Monies not required for immediat e expenditure by the City of Li vermore shall be invested in compliance with governing provisions of law and this policy. The City will maintain adequate cash availability and strive for a yield on inve sted idle funds which is commensurate with the objectives of safety of principal and liquidity.
II. SCOPE
This investment policy applies to all financial assets under direct control of the City of Livermore.
These funds are accounted for in the City's Annual Comprehensive Financial Report (ACFR) and include the General Fund, Special Revenue F unds, Capital Project Funds, Enterprise Funds, Internal Service Funds, certain Trust and Agency Funds, and other funds that may be created from time to time.
This policy does not apply to investment activities of moneys held by a section 115 Trust for pension or other retirement benefits (OPEB). The City opened a combo 115 Trust in December of 2023 for both pension and OPEB benefits. Those funds are held by a truste e or fiscal agent and follow different guidelines for allowable investments for assets held in 115 Trusts due to their longer investment timeframe.
This policy does not apply to investment activities of moneys held by a trustee or fiscal agent and pledged to the payment or security of bonds or other indebtedness, or obligations under a lease, installment sale, or certificates of participation. Such funds are invested in accordance with the statutory provisions governing the issuance, or if there are no specific statutory provisions in accordance with the ordinance, resolution, indentur e, or agreement of the City providing for the issuance. These funds are identified in the Bala nce Sheet/Statement of Net Position and in the notes to the Financial Statements of the City’s Annual Comprehensive Financial Report as “Cash and Investments with Trustee”.
III. PRUDENCE
The City adheres to the guidance provided by the "prudent investor standard," which obligates a trustee acting as a fiduciary to ensure that when investing, reinvesting, purchasing, acquiring, exchanging, selling, or managing public funds, a trustee shall ac t with care, skill, prudence, and diligence under the circumst ances then prevailing, includ ing, but not limited to, the general economic conditions and the anticipated needs of the agency, that a prudent person acting in a like capacity and familiarity with those matters would use in the conduct of funds of a like character and with like aims , to safeguard the principal and maintain the liquidity needs of the agency. Exercise of prudence considers the probable safety of capital as well as the probable income to be derived.
This standard of prudence shall be applied in the context of managing an overall portfolio.
Investment officials acting in accordance with written procedures and the investment policy and exercising due diligence shall be relieved of personal res ponsibility for an individual security's credit risk or mark et price changes, provided that deviations from expectation are reported in a timely fashion, and appropriate action is taken to control adverse developments.
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IV. INVESTMENT OBJECTIVES
The primary objectives, in priority order, of the City of Livermore's investment activities shall be:
Safety of principal is the primary objec tive of the investment program.
Investments of the C ity of Livermore shal l be undertaken in a manner that seeks to ensure that capital losses are avoided, whether they be from credit risk or market risk. To attain this objective, the portfolio will be diversified to avoid incurring unreasonable and avoidable ri sks associated with conc entrating investments in specific security types, maturity segments, or in individual financial institutions.
Liquidity of the portfolio guarantees the City's ability to meet all operating requirements which might reasonably be anticipated.
Return on Investment. The City of Livermore's investment portfolio shall be designed with the objective of attaini ng a market rate of return throughout budgetary and economic cycles, taking into account the City's investment risk constraints and the cash flow characteristics of the portfolio. Compliance with the investment policy does not measure retu rn but rather manages risk. Policy compliance does not provide a benchmark to meet or exceed. However, the City will analyze the yield of the portfolio over time compared to an agreed upon rolling average of the 1-year and 5-year Constant Maturity Treasury (CMT) rates.
V. AUTHORITY TO INVEST MONIES
Pursuant to Chapter 2.28 of the Livermore M unicipal Code, the Director of Administrative Services is authorized to assume and perform al l municipal functions relating to investments of the City subject to the annual delegation of investment authority from the City Council to the City Treasurer pursuant to Government Code section 53607. The Director of Administrative Services serves as the City Treasurer pursuan t to the City of Livermore Resolution No. 2022- 062.
The Director of Administrative Services shall establish written procedures for the operation of the investment program consistent w ith this policy. The City Treasurer/Director of Administrative Services may delegate the aut hority to conduct investment tr ansactions and to manage the operation of the investment portfolio to other spec ifically authorized staff members. No person may engage in an investment transaction except as provided under the terms of this policy and the procedures established by the Director of Administrative Services.
VI. ETHICS AND CONFLICTS OF INTEREST
Officers and employees involved in the investment process shal l refrain from pe rsonal business activity that could conflict with proper execution of the investment program, or which could impair their ability to make impartial investment deci sions. Investment officials shall disclose any material financial interests in financial institutions that conduc t business within the City and they shall further disclose any material personal financial or investment positions that could be ATTACHMENT 1
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related to the performance of the City's portfo lio. All persons authorized to place or approve investments shall report annually on Form 700 of the California Fair Political Practices Commission all required economic interests for that year.
VII. AUTHORIZED FINANCIAL DEALERS & INSTITUTIONS
In order to provide for the optimum yield in the investment of the City funds, the City's investment procedures shall be designed to encourage competitive bidding on transactions from approved financial dealers and institutions. Selection of fina ncial institutions and broker/dealers authorized to engage in transactions with the City shall be at the sole discretion of the City, or the City’s designated investment adviser.
Only authorized financial deal ers and institutions de fined under California Government Code Section 53601.5 shall be allowed to conduct business with the City. Authoriz ed financial dealers and institutions defined under California Govern ment Code Section 53601.5 shall be defined as one of the following:
(i) Direct issuers of securities, or
(ii) An institution licensed by the State of California as a broker-dealer, as defined in Section 25004 of the California Corporations Code, or
(iii) A member of a federally regulated securities exchange, or (iv) A national or state-chartered bank, a savings association or federal association, or (v) A brokerage firm designated as a primary government dealer by the Federal Reserve Bank.
No public deposit shall be made except in a qualified public depository as established by state laws.
SEC Registered Investment Advisers, authorized to provide investment services to the City, shall utilize broker-dealers who are duly licensed and authorized to provi de investment services in the State of California.
The firms and individuals, providing investment services to the City, must be knowledgeable and experienced in public agency investing, institutional trading practices and the California Government Code as related to investments. In addition, anyone providing financial services to the City must adhere to the investment policies of the City of Livermor e as adopted by the City Council. The broker/dealer firms s hould have the ability to meet all of their financial obligations in dealing with the City.
Any party directly executing investment transactions on behalf of the City shall sign a copy of this investment policy acknowledging comprehension and receipt.
VIII. AUTHORIZED AND SUITABLE INVESTMENTS
The City shall be governed by Government Code § 53600 et seq. The City's investment portfolio may include the instruments listed below, subject to the specific provisions of the Government Code, with any more restrictive credit rating minimums mentioned below.
1. U.S. Treasury obligations for which the full faith and credit of the United States are pledged for the payment of principal and interest. Up to 100 perc ent of the City’s investment portfolio may be invested in government obligations.
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2. Federal agency or United States govern ment-sponsored enterprise obligations , participations, or other instrume nts, including those issued by or fully guaranteed as to principal and interest by federal agenci es or United States government-sponsored enterprises. This shall include any mortgage pass through security issued and guaranteed by a Federal Agency with a maximum final maturity of five years. There is no limit to that amount of the City’s portfolio that may be invested in Fe deral Agency or GSE securities.
3. State of California and Local Agency Obligations. (1) Obligations of the State of California or any local agency within the state, including bonds payable solely out of revenues from a revenue producing property owne d, controlled or operated by the state or any local agency or by a de partment, board, agency or au thority of the state or any local agency with a final maturity not exc eeding five years from the date of trade settlement; (2) Obligations of the City of Livermore and the Successor Agency to the former Redevelopment Agency of the City of Livermore, including tax allocation bonds; and (3) Special Assessment District Improvement Bonds issued by the City of Livermore related to special assessment districts. Such obligations must be rated at least “A-1”, or the equivalent, short-term; or “A” or the equivalent, long-term by a NRSRO at the time of trade settlement. Unrated securities are acceptable if the underlying issuer meets the “A” credit rating criteria. Up to 100 percent of the City’s investment portfolio may be invested in California municipal obligations.
4. Registered treasury notes or bonds of any of the other 49 states in addition to California, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by a state or by a department, board, agency, or authority of any of these states. Such obligations must have a final maturity not exceeding five years from the date of tr ade settlement, and rated at le ast “A-1”, or the equivalent, short-term; or “A”, or the equivalent, long-term by a NRSRO at the time of trade settlement. Unrated securities are acceptable if the underlying issuer meets the “A” credit rating criteria.
5. Supranationals. United States dollar denominated senior unsecure d unsubordinated obligations issued or unconditionally guaranteed by the International Bank for Reconstruction and Development, International Finance Corporation, or Inter-American Development Bank, with a final maturity not exceeding five years from the trade settlement, and eligible for purchase and sale within the United States. Supranationals shall be rated at least “AA” or the equivalent by a NRSRO at the time of purchase. The aggregate investment in supranationals shall not exceed 30% of the City’s total portfolio.
6. Repurchase Agreements and Reverse Repurchase Agreements used solely as short- term investments not to exceed 30 days. Up to 20 percent of the City’s investment portfolio may be invested in repurchase and reverse purchase agreements.
A. Repurchase agreements will be entered into subject to a Master Repurchase Agreement between the dealer and the City. The term of the agreement may not exceed one year. In addition, the market value of the securities that underlay a repurchase agreement must be valued at 102 percent or greater of the funds borrowed against those securities at the time of purchase and the value must be adjusted not less than quarterly. Sin ce the market value of the underlying securities is subject to daily market fluctuations, the investments in repurchase ATTACHMENT 1
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agreements shall be in compliance if th e value of the underlying securities is brought back to 102 percent no later than the next business day.
B. Reverse repurchase agreement s or securities lending agreements may be utilized only when all of the following conditions are met:
a. The security to be sold using a reve rse repurchase agreement or securities lending agreement has been owned and fully paid for by the City for a minimum of 30 days prior to sale.
b. The total of all reverse repurchase agreements and securities lending agreement on investments owned by the City does not exceed 20 percent of the base value of the portfolio.
c. The term does not exceed a term of 92 days, unless the agreement includes a written codicil guaranteeing a minimum earning or spread for the entire period between the sale of a security using a reverse repurchase agreement or securities lending agreement and final maturity date of the same security. d. Funds obtained or funds within the pool of an equivalent amount to that obtained from selling a security to a counterparty using a reverse repurchase agreement or securities lending agreem ent shall not be used to purchase another security with a maturity longer than 92 days from the initial settlement date of the reverse repu rchase agreement or securities lending agreement, unless the reverse repurchase agreement or securities lending agreement includes a written codicil guaranteeing a minimum earning or spread for the entire period between the sale of a security using a reverse repurchase agreement or securities lending agreement and the final maturity date of the same security.
7. Bankers' Acceptances , otherwise known as bills of exch ange or time drafts that are drawn on and accepted by a commercial bank. Pu rchases of Banker's Acceptances may not exceed 180 days maturity or 40 percent of the City’s investment portfolio. However, no more than thirty percent of the agency’s money may be invested in bankers’ acceptance of any one commercial bank.
8. Commercial paper of “prime” quality of the highest ranking or of the highest letter and number rating as provided for by a nationally re cognized statistical-rating organization (NRSRO). The entity that issues the commerc ial paper shall meet all of the following conditions in either paragraph (A) or paragraph (B):
A. The entity meets the following criteria: (a) Is organized a nd operating in the United States as a general corporation; (b) Has total assets in excess of five hundred million dollars ($500,000,000); (c) Has debt other than commercial paper, if any, that is ra ted “A” or higher by a nati onally recognized statistical- rating organization (NRSRO).
B. The entity meets the following criteria: (a) Is organized within the United States as a special purpose corporation, trust, or limited liability company; (b) Has program wide credit enhancements including, but not limited to, over collateralizations, letters of credit, or surety bond; (c) Has commercial paper that is rated “A-1” or higher, or the equivalent, by a nationally recognized statistical- rating organization (NRSRO).
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Purchases of eligible commercial paper may not exceed 270 days maturity nor exceed 25 percent of the City's surplus funds. In addi tion, no more than 10 percent of the City’s total portfolio may be invested in any one issuer of commercial paper.
9. Medium-term corporate notes issued by corporations orga nized and operating within the United States or by depository institutions licensed by the U.S. or any state and operating within the U.S. Medium-term corporate notes shall be rated in a rating category "A" or its equivalent or better by a na tionally recognized rating service. Further restrictions are a maximum te rm of five years to maturity and total investments in Medium Term Corporate Notes may not exceed 30 percent of the City's surplus money.
10. Insured/Collateralized Savings accounts. Deposits in FDIC insured financial institutions located in California including, but not limited to, demand deposit accounts, savings accounts, market rate accounts, negotiable order of withdrawal accounts, and non-negotiable certificates of deposits are required to be collateralized as specified under Government Code. Collateral may be wa ived for any portion that is covered by federal deposit insurance. The amount on deposit shall not exceed the shareholder’s equity of any depository bank, nor shall the deposit exceed the total net worth of any institution. In addition, the fi nancial institution must have received a minimum overall satisfactory rating for meeting the needs of California Communities in its most recent evaluation under the Community Reinvestment Act.
11. FDIC insured or fully collateralize d time certificates of deposit. Purchases of time certificates of deposit in combination with negotiable certificates of deposit may not exceed 30 percent of the City’s investment portfolio. For deposits exceeding $250,000 the City require that financial institution collateralize at 110%.
12. Negotiable certificates of deposit or deposit notes issued by a nationally or state- chartered bank or a state or fe deral savings and loan association or by a state or federal credit union or by a state-licensed branch of a foreign bank.
The City Council and the treasurer or other official of th e City having legal custody of the money are prohibited from investing the City’s funds, or funds in the custody of the City, in negotiable certificates of deposit i ssued by a state or fe deral credit union if a member of the City Council of the City of Livermore or any person with investment decision making authority in the City Mana ger’s office, or administrative service department, or the City’s treasurer’s office also serves on the board of directors, or any committee appointed by the board of directors, or the credit committee or the supervisory committee of the state or federal credit uni on issuing the negotiabl e certificates of deposits.
Purchase of time certi ficates of deposit in combination with negotiable certificates of deposit may not exceed 30 percent of the City’s investment portfolio.
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13. State of California's Local Agen cy Investment Fund (LAIF). Investment in LAIF may not exceed the legally authorized limits.
14. Other JPA Investments (Shares of benefici al interest issued by a joint powers authority organized pursuant to Section 6509.7. These investments are similar to LAIF above in they are short-term liquidity investments.
15. A mortgage passthrough security, collateralized mortgage obligation, mortgage-backed or other pay-through bond, equipment lease- backed certificate, consumer receivable passthrough certificate, or consumer receivable-backed bond. Securities eligible for investment under this subdivision shall be rated in a rating category of “AA” or its equivalent or better by an NRSRO and have a maximum remaining maturity of five years or less. Purchase of securities authorized by this subdivision shall not exceed 20 percent of the agency's surplus moneys that may be invested pursuant to this section.
16. Mutual Funds (Shares of beneficial inte rest issued by diversified management companies that are money market funds registered wi th the Securities and Exchange Commission under the Investment Company Act of 1940 (15 U.S.C. Sec. 80a-1, et seq.)) . The Mutual Fund must be restri cted by its bylaws to the same investments as the local agency by the Government Code. These investments are Treasury issues, Federal Agency issues, State of California and City (within California) debt obligations, Bankers Acceptances, Comm ercial Paper, Certificates of Deposit, Negotiable Certificates of Deposit, Repurchase Agreements, Reverse Repurchase Agreements, Financial Futures and Financ ial Options and Medium Term Corporate Notes. The quality rating and percentage restrictions in each investment category applicable to the local agency also apply to the Mutual Fund. Shares of beneficial interest issued by diversified management companies that are money market funds registered with the Securities and Exchange Commissi on under the Investment Company Act of 1940. To be eligible for invest ment pursuant to this subdivision these companies shall either: (A) have attained the highest ranki ng or the highest letter and numerical rating provided by not less than two nationally recognized statistical rating organizations or (B) have an investment advisor registered or exempt from registration with the Securities and Exchange Commission with not less than five years’ experience managing money market mutual funds and with assets under management in excess of $500,000,000.
A further restriction is that the purchase price of shares of the mutual funds shall not include any sales commission. Investments in mutual funds shall not exceed 20 percent of the local agency's surplus money. In addition, no more than 10 percent of the agency’s funds may be invested in shares of beneficial interest of any one Mutual fund.
If the Government Code is amended to allow additional investments or is changed regarding the limits on certain categories, the City is authorized to conform to the changes in the revised Code, provided that the changes are not specifically prohibited by the City's policy. These changes will presented in the annual review of the policy and will be incorporated into the policy at that time.
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IX. COLLATERALIZATION
California Government Code Sections 53651 thr ough 53667 requires depositories to post certain types and levels of collateral for public funds above the Federal Deposit Insurance Corporation (FDIC) insurance amounts. The collateral requir ements apply to bank deposits, both active (checking and savings accounts) and inactive (non-negotiable time certificates of deposit).
Collateralization will also be required on two othe r types of investments: certificates of deposit and repurchase (and reverse) agreements. In order to anticipate market changes and provide a level of security for all funds, the collateralization level will be 110% of market value of principal and accrued interest for government securities, or 150% for first trust deeds. Collateral will be held by the independent third-party custodian selected by the City. The right of collateral substitution is granted.
X. SAFEKEEPING AND CUSTODY
Securities transactions, including collateral for repurchase agreem ents, shall be executed on a delivery vs. payment (DVP) basis. Funds are not wire-transferred until securities are delivered into safekeeping with the City's third-party cust odian. The custodial relati onship is subject to an agreement for services which may be separate from the agreement for other banking services. The safekeeping requirement does not apply to L.A.I.F., purchase of mutual funds or securities which are physically delivered to the City.
XI. MAXIMUM MATURITIES
To the extent possible, the City will attempt to match its investments w ith anticipated cash flow requirements. No investment, except the bonds issued by the City of Livermore or by the Successor Agency to the former Redevelopment Agency of the City of Livermore, shall be made in any security, which has a term remaining to maturity in excess of five years at the time of the investment. Investments in the bonds issued by the Successor Agency to the former Redevelopment Agency of the City of Livermore or by the City of Live rmore including Special Assessment District Improvement Bonds may have maturities exceeding five years for which no further City Council approval is required. The City Council may grant express authority to exceed this term for all other individual investments.
XII. INTERNAL CONTROL
The Director of Administrative Services shall es tablish a system of internal controls. These controls shall be designed to prevent losses of public funds arising from fraud, employee error, misrepresentation by third parties, unanticipated changes in fina ncial markets, or imprudent actions by employees and officers of the City.
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XIII. REPORTS OF INVESTMENT ACTIVITIES
The Director of Administrative Services will ma ke a monthly report to th e City Council on the status of the City's Investment portfolio. These reports shall include information as to the type of investment, the amount of money in vested with various institutions, market value for securities with a maturity of more than 12 months, purchase and maturity dates, rate of interest, and statement of portfolio liquidity.
XIV. ADOPTION
The investment policy shall be adopted by resolution of the City Council of the City of Livermore.
The policy shall be reviewed on an annual basis by the Director of Administrative Services to ensure its consistency with the overall investment objectives and relevance to current law, financial and economic trends, and cash flows needs of the City. Any modifications to the policy shall be approved by the City Council.
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APPENDIX A – GLOSSARY OF INVESTMENT TERMS
ACTIVE DEPOSITS Demand or checking accounts which receive revenues and pay disbursements.
AGENCIES/FEDERAL AGENCY OBLIGATIONS Securities issued by U.S. Government agencies or quasi-government agencies in orde r to supply cr edit to various classes of institutions or individuals. These issues are guaranteed directly or indirectly by the United States Government. All agency obligations qualify as legal investments and are acceptable as security for public deposits. They usually provide higher yields th an regular Treasury issues and have many of the same advantages. Examples are:
Federal Farm Credit Bank (FFCB) are notes and bonds used to finance the short and intermediate needs of farmers. They are issued monthly with three- and six-month maturities. The FFCB issues larger issues (one to ten years) on a periodic basis. Interest is calculated on a 360-day, 30-day month basis.
Federal Home Loan Bank (FHLB) notes and bonds are issued by the FHLB to help finance the housing industry. Th ese securities provide liquid ity and mortgage credit to savings and loan associations, mutual sa vings banks, cooperative banks, insurance companies and mortgage-lending institutions. They are issued irregularly for various maturities. The minimum denomin ation is $5,000. The notes are issued with maturities of less than one year and interest is paid at maturity. The bonds are issued with various maturities and carry semi-annual coupons. Inte rest is calculated on a 360-day, 30-day month basis.
Federal National Mortgage Association (FNMA) Fannie Maes are used to assist the home mortgage market by purchasing mort gages insured by the Federal Housing Administration and the Farmers Home Administration, as well as those guaranteed by the Veterans Administration. They are issued about four times a year for maturities ranging from a few months to eight years. They are issued in minimum denominations of $10,000.
They carry semi-annual coupons. Interest is computed on a 360-day, 30-day month basis. Federal Home Loan Mort gage Corporation (FHLMC) Freddie Mac is a publicly chartered agency that buys qualifying reside ntial mortgages from lenders, packages them into new securities backed by those pooled mortgages, provides certain guarantees, and then resells the securities on the open market.
Government National Mortgage Association (GNMA) Ginnie Mae is a government owned corporation and an agency of the U.S. Department of Housing and Urban Development. GNMA guarantees, with the full faith and credit of the U.S. Government, full and timely payment of a ll monthly principal and intere st payments on the mortgage- backed pass-through securities of registered holders. The securities, which are issued by private firms such as mortgage bankers and savings institutions, a nd which are typically marketed through security broker/dealers, represent pools of residential mortgages.
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ASKED The price at which securities are offered.
BANKERS ACCEPTANCES short term credit arrangements to enable businesses to obtain funds to finance commercial transactions. They ar e time drafts drawn on a bank by an exporter or importer to obtain funds to pay for speci fic merchandise. By its acceptance, the bank becomes primarily liable for the payment of th e draft at maturity. An acceptance is high grade negotiable instrument. Acceptances are purchased in various denominations for 30 to 180 days. The interest is calculated on a 360 day discount basis similar to Treasury Bills.
BID The price offered for securities.
BONDS ISSUED BY THE LOCAL AGENCY Include both taxable and tax-exempt bonds issued by the City or another municipality or local agency. A possible application for purchasing tax-exempt bonds would be to qualify for an exception from rebate requirements under the Tax Reform Act of 1986.
BOOK VALUE The value at which a debt security is shown on the holder's balance sheet. Book value is acquisition cost less amortization of premium and sometimes plus accretion of discount.
BROKER A broker brings buyers and sellers together fo r a commission paid by the initiator of the transaction or by both sides. In the mone y market, brokers are ac tive in markets in which banks buy and sell money and in interdealer markets.
COLLATERAL Securities, evidence of deposit or othe r property which a borrower pledges to secure repayment of a loan. Also refers to securities pledged by a bank to secure deposits of public monies.
COMMERCIAL PAPER A short term unsecured promissory note issued by a corporation to raise working capital. These ne gotiable instruments may be purchased at a discount to par value or interest bearing. Commercial paper is issued by corporations such as Ford Motor Credit Corporation, Amex, General Electric, Bank of America, Wells Fargo Bank, etc.
Local agencies are permitted by state law to invest in commercial paper of "prime" quality of the highest ranking or of the highest letter and numer ical rating as provided by a nationally-recognized credit rating agency.
COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) is the audited annual financial report of the City prepared in c onformity with GAAP. It has five sections, Introductory, Basic Financial Statements, Notes to Financ ial Statements, Supplemental Information, and Statistical Section. Basic Financial Statements includes government wide financial statements and fund financial statements for governmental and proprietary funds.
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COUPON (1) The annual rate of interest that a bond' s issuer promises to pay the bondholder on the bond's face value. (2) A certificate attached to a bond evidencing interest due.
DEALER A dealer, as opposed to a broker, acts as a principal in all transactions, buying and selling for his own account.
DEBENTURES Bonds secured only by the general credit of the issuer.
DELIVERY VS. PAYMENT (DVP) Delivery versus payment is deliv ery of securities with an exchange of money for the securities.
DERIVATIVES Financial products that are dependent for their value on, or derived from, an underlying financial instrument (such as stocks, bonds or foreign currencies), a commodity, or an index representing valu es of groups of such instrume nts or assets. Examples are interest rate swaps, futures, options, and fo rwards. Participants in derivatives markets include dealers and end users (i ncluding financial institutions, commercial firms, mutual funds, pension funds, state and local governments) and entities that use derivatives to hedge financial risks or to speculate. As of January, 1996 California state law prohibits investment in inverse floaters, range notes, interest only strips, or securities resulting in zero interest accrual. Local agencies currently holding any of these securities may retain them until maturity.
DISCOUNT The difference between the cost price of a security and its value at maturity when quoted at lower than face value. A security selling below original offering price shortly after sale also is considered to be at a discount.
DISCOUNT RATE The discount rate is the interest rate charged to depository institutions when they borrow from their district Federal Reserve banks. The discount rate is typically lower than the federal funds rate. Any change in the discount rate requires a majority vote of the seven Fed governors and must be based on a request from one or more of the Fed's twelve regional reserve banks.
DIVERSIFICATION Dividing investment funds among a variety of securities offering independent returns.
FEDERAL DEPOSIT INSURANCE CORPORATION (FDIC) A federal agency that insures bank deposits up to $250,000 per depositor.
FEDERAL FUNDS (1) Non-interest bearing deposits held by member banks at the Federal Reserve. (2) Used to denote "immediately available" funds in the clearing sense.
FEDERAL FUNDS RATE The rate of interest at which Fed funds are traded. The federal funds rate is the rate charged on overnight loans between banks. This rate is currently pegged by ATTACHMENT 1
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the Federal Reserve through open market opera tions. For instance, if the FOMC decides to raise the federal funds rate , it directs the Federal Rese rve Bank of New York to sell government securities on the Fed's behalf. Chan ges in the federal funds rate may be done without changing the discount rate.
FEDERAL OPEN MARKET COMMITTEE (FOMC) Consists of seven members of the Federal Reserve Board and five of the twel ve Federal Reserve Bank Presidents. The Committee normally meets eight times per year to set Fed guidelines regarding purchases and sales of Government Securities in the open market as a means of influencing the volume of bank credit and money.
FEDERAL RESERVE SYSTEM The central bank of the U.S. created by Congress consists of a seven member Board of Governors, 12 regional banks and 5,700 commercial banks that are members. California is in District 12 which encompasses the nine western states.
FINANCIAL FUTURES AND FINANCIAL OPTIONS Are forward contracts for securities and is a type of derivative. The government code states that a local agency may incur future contracts/options in any of the investment securities enumerated in §53601, a- m.
GUARANTEED INVESTMENT CONTRACTS (GICs) An agreement acknowledging receipt of funds for deposit, specifying terms for withdrawal, and guaranteeing a rate of interest to be paid.
FISCAL POLICY Congressional manner of managing taxes and public spending through budget actions, with the goal of full employment and economic growth. Cont rasts with monetary policy through the Fed, used to regulate the economy.
INACTIVE DEPOSITS Certificates of deposit issued in any amount for periods of time as short as fourteen days and as long as severa l years. Interest must be calculated on a 360 day basis, actual number of days.
INTEREST-BEARING ACTIVE DEPOSITS Money market accounts at a financial institution (i.e., bank, savings and loan, credit union). These accounts are demand accounts (i.e., checking accounts) with restricted transaction activity.
LOCAL AGENCY INVESTMENT FUND (L.A.I.F.) is a special fund in the State Treasury created pursuant to Government Code § 16429.1 which local agencies may use to deposit funds for investment. There is no min imum investment pe riod and the minimum transaction is $5,000, in multip les of $1,000 above that, with a maximum of $65 million for any agency. It offers high liquidity because deposits can be converted to cash in twenty four hours and no in terest is lost. All interest is dist ributed to participating agencies on a proportionate share determined by the amounts deposited and the length of time they are ATTACHMENT 1
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deposited. Interest is credited quarterly.
LIQUIDITY A liquid asset is one that can be converted easily into cash without substantial loss of value. In the money market , a security is liquid if th e spread between bid and asked prices is narrow and reasonable size can be done at those quotes.
MARKET VALUE The price at which a security is trading and could be purchased or sold.
MATURITY The date upon which the principal or stated value of an investment becomes due and payable.
MEDIUM TERM CORPORATE NOTES Unsecured promissory notes issued by a corporation organized and operating in the United States. These are negotiable instruments and are traded in the secondary market. Medi um Term Corporate Notes can be defined as extended maturity commercial paper. Corpor ations use these notes to raise capital.
Examples of issuers are General Electric Credit Corporation, Exxon, Chevron etc.
MONETARY POLICY The way in which the money supply is managed by the Federal Reserve Board. The Fed manipulates the money supply either through open market transactions, member bank reserve requirements, or through changing the discount rate.
MONEY MARKET The market in which short-term debt instruments are issued and traded.
MUTUAL FUNDS are referred to in Government Code § 53601(j) as "shares of beneficial interest issued by diversified management companies". The Mutual Fund must be restricted by its bylaws to the same investments as the lo cal agency by the Government Code. These investments are Treasury issues, Federal Agency issues, State of California and City (within California) debt obligations, Bankers Acceptances, Commercial Paper, Certificates of Deposit, Negotiable Certif icates of Deposit, Repurchase Agreements, Reverse Repurchase Agreements, Financial Futures and Financial Options and Medium Term Corporate Notes. The quality rating and per centage restrictions in each investment category applicable to the local agency also apply to the Mutual Fund.
NEGOTIABLE CERTIFICATES OF DEPOSIT are unsecured obligations of the financial institution. Securities are genera lly issued in bearer form a nd pay interest at maturity.
Although negotiable, a strong secondary market exists only in the NCD's issued by the largest United States banks. These securities generally trade with minimum amounts of $1 million per trade with the average trade in the secondary market of $5 million.
NON-NEGOTIABLE CERTIFICATES OF DEPOSIT are investments for inactive funds issued by banks, savings and loans and credit unions. Inve stments of $250,000 are insured by Federal Deposit Insurance Corp oration (FDIC). Certificates of Deposit can be issued from 14 days to several years in maturity.
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OPEN MARKET OPERATIONS Open market operations are th e Fed's most important and most flexible monetary policy tool. Purchase s of government and certain other securities inject reserves into the bank system and stimulate growth of money and credit; sales of securities have a tightening effect.
PASSBOOK SAVING ACCOUNTS Similar to inactive deposits except they are not for a fixed term. The interest rate is typically lower than for CDs.
PORTFOLIO Collection of securities held by an investor.
PREMIUM (1) The amount by which the trading price of an issue exceeds the issue's par value. (2) The amount that must be paid in excess of pay to call or refund an issue before maturity. (3) In money markets, the fact that a particular bank's CDs trade at a rate higher than others of its class, or that a bank has to pay up to acquire funds.
PRIMARY DEALER A group of government securities dealer s that submit daily reports of market activity and positions to the Federal Reserve Bank of New York and are subject to its informal oversight. Primary dealers include SEC register ed securities broker-dealers, banks, and a few unregulated firms.
PRIME RATE The rate at which banks lend to their best or prime customers. The all-in cost of a bank loan to a prime credit equals the prim e rate plus the cost of holding compensating balances.
QUALIFIED PUBLIC DEPOSITORIES A financial institution which does not claim exemption from the payment of any sales or compensating use or ad valorem taxes under the laws of the State of California, which has segregated for the commission eligible collateral having a value of not less than its maximum liability and which has been approved by the Public Deposit Protection Commission to hold public deposits.
RATE OF RETURN The yield obtainable on a security based on its purchase price or its current market price. This may be the amortized yield to maturity on a bond or the current income return.
REPURCHASE AGREEMENTS Short term investment transa ctions. Banks buy temporarily idle funds from a customer by selling him U.S. Government or other securities with a contractual agreement to repurchase the same securities on a future date. Repurchase agreements are typically for one to ten days in maturity. The customer receives interest from the bank. The interest rate reflects both the prevailing demand for Federal Funds and the maturity of the repo.
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REVERSE REPURCHASE AGREEMENTS Are mirror image of a repurchase agreement. In exchange for using the local agency's securities as collateral, a dealer makes cash available to purchase additional securities at a highe r rate. Such arbitrage book can generate incremental income by profiting from the difference in interest rates.
RISK Degree of uncertainty of return on an asset.
SAFEKEEPING A service to customers rendered by banks for a fee whereby securities and valuables of all types and descriptions are held in the bank's vaults for protection.
SECONDARY MARKET A market made for the purchase and sale of out standing issues following the initial distribution.
SEC RULE 15C3-1 See uniform net capital rule.
SECURITIES & EXCHANGE COMMISSION (SEC) Agency created by Congress to protect investors in securities transactions by administering securities legislation.
SETTLEMENT DATE The date on which a trade is cleare d by delivery of securities against funds. The settlement date may be the trade date or a later date.
SHARES OF BENEFICIAL INTEREST are issued by diversifie d management companies that are money market funds registered with the Securities and Exchange Commission under the Investment Company Act of 1940. See also Mutual Funds.
YIELD The rate of annual income return on an investment, expressed as a percentage. (1) Income yield is obtained by dividing the current dollar income by the current market price for the security. (2) Yield to maturity or net yield is the current income yield minus any premium or plus any discount, with the adjustment spread over the period from the date of purchase to the date of maturity of the bond.
UNIFORM NET CAPITAL RULE SEC requirement that member firms as well as nonmember broker-dealers in securities maintain a maximum ratio of indebtedness to liquid capital of 15:1; also called net capital rule and net capital ratio.
U.S. TREASURY ISSUES are direct obligations of the United States Government. These issues are as follows:
Treasury Bills are issued weekly with maturity dates from 13 weeks up to one year. They are issued and traded on a discount basis and are also known as discount securities. Interest is computed on a 360-day basis, actual number of days. They are issued in amounts of $10,000 and up in multiples of $5,000 and are a highly liquid security.
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Treasury Notes are initially issued with 2 to 10 year maturities. They are actively traded in the secondary market and are very liquid. The Treasury may issue notes with a minimum of $1,000, however, $5,000 is more common.
Treasury Bonds are long-term securities having initial maturities of more than 10 years.
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1 RESOLUTION NO. _______
IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA
A RESOLUTION ADOPTING THE CITY OF LIVERMORE INVESTMENT POLICY
AND DELEGATING INVESTMENT AUTHORITY TO THE CITY TREASURER
On January 9, 2012, the City Council adopted Resolution No. 2012-004 determining that the person serving as the Administrative Services Director shall also serve as the City Treasurer, and appointing the person holding the title of Administrative Services Director for the City of Livermore to serve as the City Treasurer.
Section 2.28.020 of the Livermore Municipal Code vests the Administrative Services Department with authority to deposit and invest funds of the City treasury in accordance with state law and the City’s investment policy.
The State of California gives the City Council, in its capacity as legislative body of the City and its related entities, the ability to delegate the investment au thority to the City Treasurer (acting in the capacities of City Treasurer and treasurer of the City's related entities) for a one -year period in accordance with Section 53607 of the California Government Code.
The delegation of investment authority and r esponsibility from the City Council to the Administrative Services Director and City Treasurer will allow the Administrative Services Department to continue the prudent investment of the City’s pooled treasury funds and the effective and efficient support of the City’s efforts to meet its cash flow needs.
On June 23, 2025, the Administrative Services Director prepared and submitted to the City Council for its review, an updated City of Livermore Investment Policy, which incorporates changes conforming its language to existing statutory requirements.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that it hereby approves the City of Livermore Investment Policy, attached hereto as Exhibit A.
BE IT FURTHER RESOLVED by the City Council of the City of Livermore that pursuant to Government Code section 53607 it hereby delegates to the City Treasurer for a period of twelve (12) months the authority to invest the City’s pooled treasury funds in accordance with the Investment Policy.
On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on June 23, 2025, by the following vote:
AYES:
257
2 RESOLUTION NO. _______
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED AS TO FORM:
_________________________ /s/ Jason R. Alcala Deborah L. Elam Jason R. Alcala
City Clerk City Attorney
Exhibit A – Investment Policy
258
INVESTMENT POLICY
Adopted: June 23, 2025
Prepared By:
Administrative Services Department
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TABLE OF CONTENTS
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Section I Polic y Introduction ......................................................................................... 1 Section II Scope .............................................................................................................. 1 Section III Prudence ......................................................................................................... 1 Section IV Investment Objectives .................................................................................... 2 Section V Authority to Invest Monies ............................................................................ 2 Section VI Ethics and Conflicts of Interest ...................................................................... 2 Section VII Authorized Financ ial Dealers & Institutions .................................................. 3 Section VIII Authorized and Suitable Investments ............................................................ 3 Section IX Collateralization ............................................................................................ 8 Section X Safekeeping and Custody .............................................................................. 8 Section XI Max imum Maturities ..................................................................................... 8 Section XII Internal Control ............................................................................................. 8 Section XIII Reports of Investment Activities ................................................................... 9 Section XIV
Adoption ......................................................................................................... 9 Appendix A Glossary of Investment Terms ..................................................................... 10
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I. POLICY INTRODUCTION
Monies not required for immediate expenditure by the City of Livermore shall be invested in compliance with governing provisions of law and this policy.
The City will maintain adequate
cash availability and strive for a yield on invested idle funds which is commensurate with the objectives of safety of principal and liquidity.
II. SCOPE
This investment policy applies to all financial assets under direct control of the City of Livermore.
These funds are accounted for in the City's Annual Comprehensive Financial Report (ACFR) and include the General Fund, Special Revenue Funds, Capital Project Funds, Enterprise Funds, Internal Service Funds, certain Trust and Agency Funds, and other funds that may be created from time to time.
This policy does not apply to investment activities of moneys held by a section 115 Trust for pension or other retirement benefits (OPEB). The City opened a combo 115 Trust in December of 2023 for both pension and OPEB benefits. Those funds are he ld by a trustee or fiscal agent and follow different guidelines for allowable investments for assets held in 115 Trusts due to their longer investment timeframe.
This policy does not apply to investment activities of moneys held by a trustee or fiscal agent and pledged to the payment or security of bonds or other indebtedness, or obligations under a lease, installment sale, or certificates of participation. Such funds are invested in accordance with the statutory provisions governing the issuance, or if there are no specific statutory provisions in accordance with the ordinance, resolution, indenture, or agreement of the City providing for the issuance. These funds are identified in the Balance Sheet/Statement of Net Position and in the notes to the Financial Statements of the City’s Annual Comprehensive Financial Report as “Cash and Investments with Trustee”.
III. PRUDENCE
The City adheres to the guidance provided by the "prudent investor standard," which obligates a trustee acting as a fiduciary to ensure that when investing, reinvesting, purchasing, acquiring, exchanging, selling, or managing public funds, a trustee shall act with care, skill, prudence, and diligence under the circumstances then prevailing, including, but not limited to, the general economic conditions and the anticipated needs of the agency, that a prudent person acting in a like capacity and familiarity with those matters would use in the conduct of funds of a like character and with like aims, to safeguard the principal and maintain the liquidity needs of the agency. Exercise of prudence considers the probable safety of capital as well as the probable income to be derived.
This standard of prudence shall be applied in the context of managing an overall portfolio.
Investment officials acting in accordance with written procedures and the investment policy and exercising due diligence shall be relieved of personal responsibility for an individual security's credit risk or market price changes, provided that deviations from expectation are reported in a timely fashion, and appropriate action is taken to control adverse developments.
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IV. INVESTMENT OBJECTIVES
The primary objectives, in priority order, of the City of Livermore's investment activities shall be:
x Safety of principal is the primary objective of the investment program.
Investments of the City of Livermore shall be undertaken in a manner that seeks to ensure that capital losses are avoided, whether they be from credit risk or market risk. To attain this objective, the portfolio will be diversified to avoid incurring unreasonable and avoidable risks associated with concentrating investments in specific security types, maturity segments, or in individual financial institutions.
x Liquidity of the portfolio guarantees the City's ability to meet all operating requirements which might reasonably be anticipated.
x Return on Investment. The City of Livermore's investment portfolio shall be designed with the objective of attaining a market rate of return throughout budgetary and economic cycles, taking into account the City's investment risk constraints and the cash flow characteristics of the portfolio. Compliance with the investment policy does not measure return but rather manages risk. Policy compliance does not provide a benchmark to meet or exceed. However, the City will analyze the yield of the portfolio over time compared to an agreed upon rolling average of the 1-year and 5-year Constant Maturity Treasury (CMT) rates.
V. AUTHORITY TO INVEST MONIES
Pursuant to Chapter 2.28 of the Livermore Municipal Code, the Director of Administrative Services is authorized to assume and perform all municipal functions relating to investments of the City subject to the annual delegation of investment authority from the City Council to the City Treasurer pursuant to Government Code section 53607. The Director of Administrative Services serves as the City Treasurer pursuant to the City of Livermore Resolution No. 2022- 062.
The Director of Administrative Services shall establish written procedures for the operation of the investment program consistent with this policy. The City Treasurer/Director of Administrative Services may delegate the authority to conduct investment transactions and to manage the operation of the investment portfolio to other specifically authorized staff members. No person may engage in an investment transaction except as provided under the terms of this policy and the procedures established by the Director of Administrative Services.
VI. ETHICS AND CONFLICTS OF INTEREST
Officers and employees involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program, or which could impair their ability to make impartial investment decisions. Investment officials shall disclose any material financial interests in financial institutions that conduct business within the City and they shall further disclose any material personal financial or investment positions that could be
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related to the perfor mance of the City's portfolio. All pe rsons authorized to place or approve investments shall report annually on Form 700 of the California Fair Political Practices Commission all required economic interests for that year.
VII. AUTHORIZED FINANCIAL DEALERS & INSTITUTIONS
In order to provide for the optimum yield in the investment of the City funds, the City's investment procedures shall be designed to encourage competitive bidding on transactions from approved financial dealers and institutions. Selection of financ ial institutions and broker/dealers authorized to engage in transactions with the City shall be at the sole discretion of the City, or the City’s designated investment adviser.
Only authorized financial dealers and institutions defined under California Government Code Section 53601.5 shall be allowed to conduct business with the City. Authorized financial dealers and institutions defined under California Government Code Section 53601.5 shall be defined as one of the following:
(i) Direct issuers of securities, or
(ii) An institution licensed by the State of California as a broker-dealer, as defined in Section 25004 of the California Corporations Code, or
(iii) A member of a federally regulated securities exchange, or (iv) A national or state-chartered bank, a savings association or federal association, or (v) A brokerage firm designated as a primary government dealer by the Federal Reserve Bank.
No public deposit shall be made except in a qualified public depository as established by state laws.
SEC Registered Investment Advisers, authorized to provide investment services to the City, shall utilize broker-dealers who are duly licensed and authorized to provide investment services in the State of California.
The firms and individuals, providing investment services to the City, must be knowledgeable and experienced in public agency investing, institutional trading practices and the California Government Code as related to investments. In addition, anyone providing financial services to the City must adhere to the investment policies of the City of Livermore as adopted by the City Council. The broker/dealer firms should have the ability to meet all of their financial obligations in dealing with the City.
Any party directly executing investment transactions on behalf of the City shall sign a copy of this investment policy acknowledging comprehension and receipt.
VIII. AUTHORIZED AND SUITABLE INVESTMENTS
The City shall be governed by Government Code § 53600 et seq. The City's investment portfolio may include the instruments listed below, subject to the specific provisions of the Government Code, with any more restrictive credit rating minimums mentioned below.
1. U.S. Treasury obligations for which the full faith and credit of the United States are pledged for the payment of principal and interest. Up to 100 percent of the City’s investment portfolio may be invested in government obligations.
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2. Federal agency or United States government-sponsored enterprise obligations , participations, or other instruments, including those issued by or fully guaranteed as to principal and interest by federal agencies or United States government-sponsored enterprises. This shall include any mortgage pass through security issued and guaranteed by a Federal Agency with a maximum final maturity of five years. There is no limit to that amount of the City’s portfolio that may be invested in Federal Agency or GSE securities.
3. State of California and Local Agency Obligations. (1) Obligations of the State of California or any local agency within the state, including bonds payable solely out of revenues from a revenue producing property owned, controlled or operated by the state or any local agency or by a department, board, agency or authority of the state or any local agency with a final maturity not exceeding five years from the date of trade settlement; (2) Obligations of the City of Livermore and the Successor Agency to the former
Redevelopment Agency of the City of Livermore, including tax allocation bonds; and (3) Special Assessment District Improvement Bonds issued by the City of Livermore related to special assessment districts. Such obligations must be rated at least “A-1”, or the equivalent, short-term; or “A” or the equivalent, long-term by a NRSRO at the time of trade settlement. Unrated securities are acceptable if the underlying issuer meets the “A” credit rating criteria. Up to 100 percent of the City’s investment portfolio may be invested in California municipal obligations.
4. Registered treasury notes or bonds of any of the other 49 states in addition to California, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by a state or by a department, board, agency, or authority of any of these states. Such obligations must have a final maturity not exceeding five years from the date of trade settlement, a nd rated at least “A-1”, or the equivalent, short-term; or “A”, or the equivalent, long-term by a NRSRO at the time of trade settlement. Unrated securities are acceptable if the underlying issuer meets the “A” credit rating criteria.
5. Supranationals. United States dollar denominated senior unsecured unsubordinated obligations issued or unconditionally guaranteed by the International Bank for Reconstruction and Development, International Finance Corporation, or Inter-American Development Bank, with a final maturity not exceeding five years from the trade settlement, and eligible for purchase and sale within the United States. Supranationals shall be rated at least “AA” or the equivalent by a NRSRO at the time of purchase. The aggregate investment in supranationals shall not exceed 30% of the City’s total portfolio.
6. Repurchase Agreements and Reverse Repurchase Agreements used solely as short- term investments not to exceed 30 days. Up to 20 percent of the City’s investment portfolio may be invested in repurchase and reverse purchase agreements.
A. Repurchase agreements will be entered into subject to a Master Repurchase Agreement between the dealer and the City. The term of the agreement may not exceed one year. In addition, the market value of the securities that underlay a repurchase agreement must be valued at 102 percent or greater of the funds borrowed against those securities at the time of purchase and the value must be adjusted not less than quarterly. Since the market value of the underlying securities is subject to daily market fluctuations, the investments in repurchase
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agreements shall be in compliance if the value of the underlying securities is brought back to 102 percent no later than the next business day.
B. Reverse repurchase agreement s or securities lending agreements may be utilized only when all of the following conditions are met:
a. The security to be sold using a reverse repurchase agreement or securities lending agreement has been owned and fully paid for by the City for a minimum of 30 days prior to sale.
b. The total of all reverse repurchase agreements and securities lending agreement on investments owned by the City does not exceed 20 percent of the base value of the portfolio.
c. The term does not exceed a term of 92 days, unless the agreement includes a written codicil guaranteeing a minimum earning or spread for the entire period between the sale of a security using a reverse repurchase agreement or securities lending agreement and final maturity date of the same security. d. Funds obtained or funds within the pool of an equivalent amount to that obtained from selling a security to a counterparty using a reverse repurchase agreement or securities lending agreement shall not be used to purchase another security with a maturity longer than 92 days from the initial settlement date of the reverse repurchase agreement or securities lending agreement, unless the reverse repurchase agreement or securities lending agreement includes a written codicil guaranteeing a minimum earning or spread for the entire period between the sale of a security using a reverse repurchase agreement or securities lending agreement and the final maturity date of the same security.
7. Bankers' Acceptances , otherwise known as bills of exchange or time drafts that are drawn on and accepted by a commercial bank. Purchases of Banker's Acceptances may not exceed 180 days maturity or 40 percent of the City’s investment portfolio. However, no more than thirty percent of the agency’s money may be invested in bankers’ acceptance of any one commercial bank.
8. Commercial paper of “prime” quality of the highest ranking or of the highest letter and number rating as provided for by a nationally recognized statistical-rating organization (NRSRO). The entity that issues the commercial paper shall meet all of the following conditions in either paragraph (A) or paragraph (B):
A. The entity meets the following criteria: (a) Is organized and operating in the United States as a general corporation; (b) Has total assets in excess of five hundred million dollars ($500,000,000); (c) Has debt other than commercial paper, if any, that is rated “A” or higher by a nationally recognized statistical- rating organization (NRSRO).
B. The entity meets the following criteria: (a) Is organized within the United States as a special purpose corporation, trust, or limited liability company; (b) Has program wide credit enhancements including, but not limited to, over collateralizations, letters of credit, or surety bond; (c) Has commercial paper that is rated “A-1” or higher, or the equivalent, by a nationally recognized statistical- rating organization (NRSRO).
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Purchases of eligible commercial paper may not exceed 270 days maturity nor exceed 25 percent of the City's surplus funds. In addition, no more than 10 percent of the City’s total portfolio may be invested in any one issuer of commercial paper.
9. Medium-term corporate notes issued by corporations organized and operating within the United States or by depository institutions licensed by the U.S. or any state and operating within the U.S. Medium-term corporate notes shall be rated in a rating category "A" or its equivalent or better by a nationally recognized rating service. Further restrictions are a maximum term of five years to maturity and total investments in Medium Term Corporate Notes may not exceed 30 percent of the City's surplus money.
10. Insured/Collateralized Savings accounts. Deposits in FDIC insured financial institutions located in California including, but not limited to, demand deposit accounts, savings accounts, market rate accounts, negotiable order of withdrawal accounts, and non-negotiable certificates of deposits are required to be collateralized as specified under Government Code. Collateral may be waived for any portion that is covered by federal deposit insurance. The amount on deposit shall not exceed the shareholder’s equity of any depository bank, nor shall the deposit exceed the total net worth of any institution. In addition, the financial institution must have received a minimum overall satisfactory rating for meeting the needs of California Communities in its most recent evaluation under the Community Reinvestment Act.
11. FDIC insured or fully collateralized time certificates of deposit. Purchases of time certificates of deposit in combination with negotiable certificates of deposit may not exceed 30 percent of the City’s investment portfolio. For deposits exceeding $250,000 the City require that financial institution collateralize at 110%.
12. Negotiable certificates of deposit or deposit notes issued by a nationally or state- chartered bank or a state or federal savings and loan association or by a state or federal credit union or by a state-licensed branch of a foreign bank.
The City Council and the treasurer or other official of the City having legal custody of the money are prohibited from investing the City’s funds, or funds in the custody of the City, in negotiable certificates of deposit issued by a state or federal credit union if a member of the City Council of the City of Livermore or any person with investment decision making authority in the City Manager’s office, or administrative service department, or the City’s treasurer’s office also serves on the board of directors, or any committee appointed by the board of directors, or the credit committee or the supervisory committee of the state or federal credit union issuing the negotiable certificates of deposits.
Purchase of time certificates of deposit in combination with negotiable certificates of deposit may not exceed 30 percent of the City’s investment portfolio.
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13. State of California's Local Agency Investment Fund (LAIF). Investment in LAIF may not exceed the legally authorized limits.
14. Other JPA Investments (Shares of beneficial interest issued by a joint powers authority organized pursuant to Section 6509.7. These investments are similar to LAIF above in they are short-term liquidity investments.
15. A mortgage passthrough security, collateralized mortgage obligation, mortgage-backed or other pay-through bond, equipment lease-backed certificate, consumer receivable passthrough certificate, or consumer receivable-backed bond. Securities eligible for investment under this subdivision shall be rated in a rating category of “AA” or its equivalent or better by an NRSRO and have a maximum remaining maturity of five years or less. Purchase of securities authorized by this subdivision shall not exceed 20 percent of the agency's surplus moneys that may be invested pursuant to this section.
16. Mutual Funds (Shares of beneficial interest issued by diversified management companies that are money market funds registered with the Securities and Exchange Commission under the Investment Company Act of 1940 (15 U.S.C. Sec. 80a-1, et seq.)) . The Mutual Fund must be restricted by its bylaws to the same investments as the local agency by the Government Code. These investments are Treasury issues, Federal Agency issues, State of California and City (within California) debt obligations, Bankers Acceptances, Commercial Paper, Certificates of Deposit, Negotiable Certificates of Deposit, Repurchase Agreements, Reverse Repurchase Agreements, Financial Futures and Financial Options and Medium Term Corporate Notes. The quality rating and percentage restrictions in each investment category applicable to the local agency also apply to the Mutual Fund. Shares of beneficial interest issued by diversified management companies that are money market funds registered with the Securities and Exchange Commission under the Investment Company Act of 1940. To be eligible for investment pursuant to this subdivision these companies shall either: (A) have attained the highest ranking or the highest letter and numerical rating provided by not less than two nationally recognized statistical rating organizations or (B) have an investment advisor registered or exempt from registration with the Securities and Exchange Commission with not less than five years’ experience managing money market mutual funds and with assets under management in excess of $500,000,000.
A further restriction is that the purchase price of shares of the mutual funds shall not include any sales commission. Investments in mutual funds shall not exceed 20 percent of the local agency's surplus money. In addition, no more than 10 percent of the agency’s funds may be invested in shares of beneficial interest of any one Mutual fund.
If the Government Code is amended to allow additional investments or is changed regarding the limits on certain categories, the City is authorized to conform to the changes in the revised Code, provided that the changes are not specifically prohibited by the City's policy. These changes will presented in the annual review of the policy and will be incorporated into the policy at that time.
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IX. COLLATERALIZATION
California Government Code Sections 53651 through 53667 requires depositories to post certain types and levels of collateral for public funds above the Federal Deposit Insurance Corporation (FDIC) insurance amounts. The collateral requirements apply to bank deposits, both active (checking and savings accounts) and inactive (non-negotiable time certificates of deposit).
Collateralization will also be required on two other types of investments: certificates of deposit and repurchase (and reverse) agreements. In order to anticipate market changes and provide a level of security for all funds, the collateralization level will be 110% of market value of principal and accrued interest for government securities, or 150% for first trust deeds. Collateral will be held by the independent third-party custodian selected by the City. The right of collateral substitution is granted.
X. SAFEKEEPING AND CUSTODY
Securities transactions, including collateral for repurchase agreements, shall be executed on a delivery vs. payment (DVP) basis. Funds are not wire-transferred until securities are delivered into safekeeping with the City's third-party cust odian. The custodial relationship is subject to an agreement for services which may be separate from the agreement for other banking services. The safekeeping requirement does not apply to L.A.I.F., purchase of mutual funds or securities which are physically delivered to the City.
XI. MAXIMUM MATURITIES
To the extent possible, the City will attempt to match its investments with anticipated cash flow requirements. No investment, except the bonds issued by the City of Livermore or by the Successor Agency to the former Redevelopment Agency of the City of Livermore, shall be made in any security, which has a term remaining to maturity in excess of five years at the time of the investment. Investments in the bonds
issued by the Successor Agency to the former
Redevelopment Agency of the City of Livermore or by the City of Livermore including Special Assessment District Improvement Bonds may have maturities exceeding five years for which no further City Council approval is required. The City Council may grant express authority to exceed this term for all other individual investments.
XII. INTERNAL CONTROL
The Director of Administrative Services shall establish a system of internal controls. These controls shall be designed to prevent losses of public funds arising from fraud, employee error, misrepresentation by third parties, unanticipated changes in financial markets, or imprudent actions by employees and officers of the City.
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XIII. REPORTS OF INVESTMENT ACTIVITIES
The Director of Administrative Services will make a monthly report to the City Council on the status of the City's Investment portfolio. These reports shall include information as to the type of investment, the amount of money invested with various institutions, market value for securities with a maturity of more than 12 months, purchase and maturity dates, rate of interest, and statement of portfolio liquidity.
XIV. ADOPTION
The investment policy shall be adopted by resolution of the City Council of the City of Livermore.
The policy shall be reviewed on an annual basis by the Director of Administrative Services to ensure its consistency with the overall investment objectives and relevance to current law, financial and economic trends, and cash flows needs of the City. Any modifications to the policy shall be approved by the City Council.
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APPENDIX A – GLOSSARY OF INVESTMENT TERMS
ACTIVE DEPOSITS Demand or checking accounts which receive revenues and pay disbursements.
AGENCIES/FEDERAL AGENCY OBLIGATIONS Securities issued by U.S. Government agencies or quasi-government agencies in order to supply credit to various classes of institutions or individuals. These issues are guaranteed directly or indirectly by the United States Government. All agency obligations qualify as legal investments and are acceptable as security for public deposits. They usually provide higher yields than regular Treasury issues and have many of the same advantages. Examples are:
x Federal Farm Credit Bank (FFCB) are notes and bonds used to finance the short and intermediate needs of farmers. They are issued monthly with three- and six-month maturities. The FFCB issues larger issues (one to ten years) on a periodic basis. Interest is calculated on a 360-day, 30-day month basis.
x Federal Home Loan Bank (FHLB) notes and bonds are issued by the FHLB to help finance the housing industry. These securities provide liquidity and mortgage credit to savings and loan associations, mutual savings banks, cooperative banks, insurance companies and mortgage-lending institutions. They are issued irregularly for various maturities. The minimum denomination is $5,000. The notes are issued with maturities of less than one year and interest is paid at maturity. The bonds are issued with various maturities and carry semi-annual coupons. Interest is calculated on a 360-day, 30-day month basis.
x Federal National Mortgage Association (FNMA) Fannie Maes are used to assist the home mortgage market by purchasing mortgages insured by the Federal Housing Administration and the Farmers Home Administration, as well as those guaranteed by the Veterans Administration. They are issued about four times a year for maturities ranging from a few months to eight years. They are issued in minimum denominations of $10,000.
They carry semi-annual coupons. Interest is computed on a 360-day, 30-day month basis. x Federal Home Loan Mortgage Corporation (FHLMC) Freddie Mac is a publicly chartered agency that buys qualifying resi dential mortgages from lenders, packages them into new securities backed by those pooled mortgages, provides certain guarantees, and then resells the securities on the open market.
x Government National Mortgage Association (GNMA) Ginnie Mae is a government owned corporation and an agency of the U.S. Department of Housing and Urban Development. GNMA guarantees, with the full faith and credit of the U.S. Government, full and timely payment of all monthly principal and interest payments on the mortgage- backed pass-through securities of registered holders. The securities, which are issued by private firms such as mortgage bankers and savings institutions, and which are typically marketed through security broker/dealers, represent pools of residential mortgages.
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ASKED The price at which securities are offered.
BANKERS ACCEPTANCES short term credit arrangements to enable businesses to obtain funds to finance commercial transactions. They are time drafts drawn on a bank by an exporter or importer to obtain funds to pay for specific merchandise. By its acceptance, the bank becomes primarily liable for the payment of the draft at maturity. An acceptance is high grade negotiable instrument. Acceptances are purchased in various denominations for 30 to 180 days. The interest is calculated on a 360 day discount basis similar to Treasury Bills.
BID The price offered for securities.
BONDS ISSUED BY THE LOCAL AGENCY
Include both taxable and tax-exempt bonds
issued by the City or another municipality or local agency. A possible application for purchasing tax-exempt bonds would be to qualify for an exception from rebate requirements under the Tax Reform Act of 1986.
BOOK VALUE The value at which a debt security is shown on the holder's balance sheet. Book value is acquisition cost less amortization of premium and sometimes plus accretion of discount.
BROKER A broker brings buyers and sellers together for a commission paid by the initiator of the transaction or by both sides. In the money market, brokers are active in markets in which banks buy and sell money and in interdealer markets.
COLLATERAL Securities, evidence of deposit or other property which a borrower pledges to secure repayment of a loan. Also refers to securities pledged by a bank to secure deposits of public monies.
COMMERCIAL PAPER
A short term unsecured promissory note issued by a corporation to raise working capital. These negotiable instruments may be purchased at a discount to par value or interest bearing. Commercial paper is issued by corporations such as Ford Motor Credit Corporation, Amex, General Electric, Bank of America, Wells Fargo Bank, etc.
Local agencies are permitted by state law to invest in commercial paper of "prime" quality of the highest ranking or of the highest letter and numerical rating as provided by a nationally-recognized credit rating agency.
COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) is the audited annual financial report of the City prepared in conformity with GAAP. It has five sections, Introductory, Basic Financial Statements, Notes to Financial Statements, Supplemental Information, and Statistical Section. Basic Financial Statements includes government wide financial statements and fund financial statements for governmental and proprietary funds.
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COUPON (1) The annual rate of interest that a bond's issuer promises to pay the bondholder on the bond's face value. (2) A certificate attached to a bond evidencing interest due.
DEALER A dealer, as opposed to a broker, acts as a principal in all transactions, buying and selling for his own account.
DEBENTURES Bonds secured only by the general credit of the issuer.
DELIVERY VS. PAYMENT (DVP) Delivery versus payment is delivery of securities with an exchange of money for the securities.
DERIVATIVES Financial products that are dependent for their value on, or derived from, an underlying financial instrument (such as stocks, bonds or foreign currencies), a commodity, or an index representing values of groups of such instruments or assets. Examples are interest rate swaps, futures, options, and forw ards. Participants in derivatives markets include dealers and end users (including financial institutions, commercial firms, mutual funds, pension funds, state and local governments) and entities that use derivatives to hedge financial risks or to speculate. As of January, 1996 California state law prohibits investment in inverse floaters, range notes, interest only strips, or securities resulting in zero interest accrual. Local agencies currently holding any of these securities may retain them until maturity.
DISCOUNT The difference between the cost price of a security and its value at maturity when quoted at lower than face value. A security selling below original offering price shortly after sale also is considered to be at a discount.
DISCOUNT RATE The discount rate is the interest rate charged to depository institutions when they borrow from their district Federal Reserve banks. The discount rate is typically lower than the federal funds rate. Any change in the discount rate requires a majority vote of the seven Fed governors and must be based on a request from one or more of the Fed's twelve regional reserve banks.
DIVERSIFICATION Dividing investment funds among a variety of securities offering independent returns.
FEDERAL DEPOSIT INSURANCE CORPORATION (FDIC) A federal agency that insures bank deposits up to $250,000 per depositor.
FEDERAL FUNDS (1) Non-interest bearing deposits held by member banks at the Federal Reserve. (2) Used to denote "immediately available" funds in the clearing sense.
FEDERAL FUNDS RATE The rate of interest at which Fed funds are traded. The federal funds rate is the rate charged on overnight loans between banks. This rate is currently pegged by
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the Federal Reserve through open market operations. For instance, if the FOMC decides to raise the federal funds rate, it directs the Federal Reserve Bank of New York to sell government securities on the Fed's behalf. Changes in the federal funds rate may be done without changing the discount rate.
FEDERAL OPEN MARKET COMMITTEE (FOMC) Consists of seven members of the Federal Reserve Board and five of the twelve Federal Reserve Bank Presidents. The Committee normally meets eight times per year to set Fed guidelines regarding purchases and sales of Government Securities in the open market as a means of influencing the volume of bank credit and money.
FEDERAL RESERVE SYSTEM
The central bank of the U.S. created by Congress consists of a seven member Board of Governors, 12 regional banks and 5,700 commercial banks that are members. California is in District 12 which encompasses the nine western states.
FINANCIAL FUTURES AND FINANCIAL OPTIONS Are forward contracts for securities and is a type of derivative. The government code states that a local agency may incur future contracts/options in any of the investment securities enumerated in §53601, a- m.
GUARANTEED INVESTMENT CONTRACTS (GICs) An agreement acknowledging receipt of funds for deposit, specifying terms for withdrawal, and guaranteeing a rate of interest to be paid.
FISCAL POLICY Congressional manner of managing taxes and public spending through budget actions, with the goal of full employment and economic growth. Contrasts with monetary policy through the Fed, used to regulate the economy.
INACTIVE DEPOSITS Certificates of deposit issued in any amount for periods of time as short as fourteen days and as long as several years. Interest must be calculated on a 360 day basis, actual number of days.
INTEREST-BEARING ACTIVE DEPOSITS Money market accounts at a financial institution (i.e., bank, savings and loan, credit union). These accounts are demand accounts (i.e., checking accounts) with restricted transaction activity.
LOCAL AGENCY INVESTMENT FUND (L.A.I.F.) is a special fund in the State Treasury created pursuant to Government Code § 16429.1 which local agencies may use to deposit funds for investment. There is no minimum investment period and the minimum transaction is $5,000, in multiples of $1,000 above that, with a maximum of $65 million for any agency. It offers high liquidity because deposits can be converted to cash in twenty four hours and no interest is lost. All interest is distributed to participating agencies on a proportionate share determined by the amounts deposited and the length of time they are
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deposited. Interest is credited quarterly.
LIQUIDITY A liquid asset is one that can be converted easily into cash without substantial loss of value. In the money market, a security is liquid if the spread between bid and asked prices is narrow and reasonable size can be done at those quotes.
MARKET VALUE The price at which a security is trading and could be purchased or sold.
MATURITY The date upon which the principal or stated value of an investment becomes due and payable.
MEDIUM TERM CORPORATE NOTES Unsecured promissory notes issued by a corporation organized and operating in the United States. These are negotiable instruments and are traded in the secondary market. Medium Term Corporate Notes can be defined as extended maturity commercial paper. Corporations use these notes to raise capital.
Examples of issuers are General Electric Credit Corporation, Exxon, Chevron etc.
MONETARY POLICY The way in which the money supply is managed by the Federal Reserve Board. The Fed manipulates the money supply either through open market transactions, member bank reserve requirements, or through changing the discount rate.
MONEY MARKET The market in which short-term debt instruments are issued and traded.
MUTUAL FUNDS are referred to in Government Code § 53601(j) as "shares of beneficial interest issued by diversified management companies". The Mutual Fund must be restricted by its bylaws to the same investments as the local agency by the Government Code. These investments are Treasury issues, Federal Agency issues, State of California and City (within California) debt obligations, Bankers Acceptances, Commercial Paper, Certificates of Deposit, Negotiable Certificates of Deposit, Repurchase Agreements, Reverse Repurchase Agreements, Financial Futures and Financial Options and Medium Term Corporate Notes. The quality rating and percentage restrictions in each investment category applicable to the local agency also apply to the Mutual Fund.
NEGOTIABLE CERTIFICATES OF DEPOSIT are unsecured obligations of the financial institution. Securities are generally issued in bearer form and pay interest at maturity.
Although negotiable, a strong secondary market exists only in the NCD's issued by the largest United States banks. These securities generally trade with minimum amounts of $1 million per trade with the average trade in the secondary market of $5 million.
NON-NEGOTIABLE CERTIFICATES OF DEPOSIT are investments for inactive funds issued by banks, savings and loans and credit unions. Investments of $250,000 are insured by Federal Deposit Insurance Corporation (FDIC). Certificates of Deposit can be issued from 14 days to several years in maturity.
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OPEN MARKET OPERATIONS Open market operations are the Fed's most important and most flexible monetary policy tool. Purchases of government and certain other securities inject reserves into the bank system and stimulate growth of money and credit; sales of securities have a tightening effect.
PASSBOOK SAVING ACCOUNTS Similar to inactive deposits except they are not for a fixed term. The interest rate is typically lower than for CDs.
PORTFOLIO Collection of securities held by an investor.
PREMIUM (1) The amount by which the trading price of an issue exceeds the issue's par value. (2) The amount that must be paid in excess of pay to call or refund an issue before maturity. (3) In money markets, the fact that a particular bank's CDs trade at a rate higher than others of its class, or that a bank has to pay up to acquire funds.
PRIMARY DEALER A group of government securities dealers that submit daily reports of market activity and positions to the Federal Reserve Bank of New York and are subject to its informal oversight. Primary dealers include SEC registered securities broker-dealers, banks, and a few unregulated firms.
PRIME RATE The rate at which banks lend to their best or prime customers. The all-in cost of a bank loan to a prime credit equals the prime rate plus the cost of holding compensating balances.
QUALIFIED PUBLIC DEPOSITORIES A financial institution which does not claim exemption from the payment of any sales or compensating use or ad valorem taxes under the laws of the State of California, which has segregated for the commission eligible collateral having a value of not less than its maximum liability and which has been approved by the Public Deposit Protection Commission to hold public deposits.
RATE OF RETURN The yield obtainable on a security based on its purchase price or its current market price. This may be the amortized yield to maturity on a bond or the current income return.
REPURCHASE AGREEMENTS Short term investment transactions. Banks buy temporarily idle funds from a customer by selling him U.S. Government or other securities with a contractual agreement to repurchase the same securities on a future date. Repurchase agreements are typically for one to ten days in maturity. The customer receives interest from the bank. The interest rate reflects both the prevailing demand for Federal Funds and the maturity of the repo.
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REVERSE REPURCHASE AGREEMENTS Are mirror image of a repurchase agreement. In exchange for using the local agency's securities as collateral, a dealer makes cash available to purchase additional securities at a higher rate. Such arbitrage book can generate incremental income by profiting from the difference in interest rates.
RISK Degree of uncertainty of return on an asset.
SAFEKEEPING A service to customers rendered by banks for a fee whereby securities and valuables of all types and descriptions are held in the bank's vaults for protection.
SECONDARY MARKET A market made for the purchase and sale of outstanding issues following the initial distribution.
SEC RULE 15C3-1 See uniform net capital rule.
SECURITIES & EXCHANGE COMMISSION (SEC) Agency created by Congress to protect investors in securities transactions by administering securities legislation.
SETTLEMENT DATE The date on which a trade is cleared by delivery of securities against funds. The settlement date may be the trade date or a later date.
SHARES OF BENEFICIAL INTEREST are issued by diversified management companies that are money market funds registered with the Securities and Exchange Commission under the Investment Company Act of 1940. See also Mutual Funds.
YIELD The rate of annual income return on an investment, expressed as a percentage. (1) Income yield is obtained by dividing the current dollar income by the current market price for the security. (2) Yield to maturity or net yield is the current income yield minus any premium or plus any discount, with the adjustment spread over the period from the date of purchase to the date of maturity of the bond.
UNIFORM NET CAPITAL RULE SEC requirement that member firms as well as nonmember broker-dealers in securities maintain a maximum ratio of indebtedness to liquid capital of 15:1; also called net capital rule and net capital ratio.
U.S. TREASURY ISSUES are direct obligations of the United States Government. These issues are as follows:
x Treasury Bills are issued weekly with maturity dates from 13 weeks up to one year. They are issued and traded on a discount basis and are also known as discount securities. Interest is computed on a 360-day basis, actual number of days. They are issued in amounts of $10,000 and up in multiples of $5,000 and are a highly liquid security.
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x Treasury Notes are initially issued with 2 to 10 year maturities. They are actively traded in the secondary market and are very liquid. The Treasury may issue notes with a minimum of $1,000, however, $5,000 is more common.
x Treasury Bonds are long-term securities having initial maturities of more than 10 years.
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277
CITY COUNCIL STAFF REPORT
ITEM NO. 5.9
DATE:
June 23, 2025
TO:
Honorable Mayor and City Council
FROM:
Brent Smith, Community Development Director
SUBJECT:
Resolution authorizing the allocation and appropriation of Community Development Block Grant and Home Investment Partnership Grant Funds in the total amount of $1,041,020 for Fiscal Years 2025-27 and authorizing the execution of documents required to receive, use, and distribute funds.
RECOMMENDED ACTION
The Human Services Commission and staff recommend the City Council adopt a resolution authorizing the allocation and appropriation of $1,041,020 in funding for Fiscal Years 2025-27 as listed below and authorizing the City Manager to negotiate and execute all related documents, grant agreements, and modifications.
1 .
Community Development Block Grant Funds in the amount of $793,816 2 .
Home Investment Partnership Funds in the amount of $247,204
SUMMARY
Each year, the City of Livermore brings together multiple funding sources to support capital projects and public service programs benefiting low-income Livermore households that are consistent with the goals and priorities as outlined in the City’s Five-Year Consolidated Plan. These funding sources include Community Development Block Grant (CDBG) funds and HOME Investment Partnership Program (HOME) funds from the U.S. Department of Housing and Urban Development (HUD). These federal dollars are leveraged with the City's local resources.
On March 11, 2025, the Human Services Commission approved funding recommendations in the estimated total amount of $2,074,878 from the federal grants, CDBG and HOME, as well as local funding from the Human Services Facility Fee, Affordable Housing In-Lieu, and Social Opportunity Endowment funds.
On April 28, 2025, Council approved recommendations for the local funding, which included the Human Services Facility Fee, Affordable Housing In-Lieu and Social Opportunity Endowment funds in the total amount of $1,078,500 over two years.
278
On May 13, 2025, City staff was informed by HUD that FY 2025-26 entitlement for CDBG is $396,908, which is an increase of 4% from the previous year. The HOME allocation, awarded to the City through the Alameda County HOME Consortium, is $123,602 in FY 2025-26, which is a 5.5% increase from the previous year. The recommended federal grant allocations attached to the resolution as Exhibit A, are adjusted based on the actual federal funding awards to be received.
DISCUSSION
Grant Allocation Process
On September 10, 2024, the Human Services Commission recommended four funding priorities for the FY 2025-27 Housing and Human Services Grant Cycle. The four priorities included: Housing Services; Homeless Services; Health Care Services; Service Provision, Awareness, and Navigation. Council approved the four priorities on October 28, 2024.
As part of a regional coordinated effort to allocate funds to local agencies, staff worked with the Cities of Dublin and Pleasanton to make changes to the grant program, which included moving to a two-year grant cycle starting in FY 2025-26. A joint Tri-Valley Grant Application for the two-year grant cycle, which was released on November 25, 2024, and application requests were due to the City on January 17, 2025, and submitted electronically through an online grant application program.
All applicants were required to make a presentation and responded to questions regarding their grant application at a Joint Special Human Services Commission meeting on February 11, 2025, held in Dublin. Following the joint meeting, the Human Services Commission evaluated and scored all grant applications by non-profit and public agencies submitted to the City. Through the online grant application program, the average score of each application was calculated as the basis for staff to subsequently provide the Commission with funding recommendations. The Commission reviewed and approved the proposed funding recommendations during their regular meeting on March 11, 2025.
The City has traditionally allocated federal and local funds through the Housing and Human Services Grant Program to eligible public and non-profit agencies that provide housing and services. For FY 2025- 27, the City’s Housing and Human Services Grant Program received 31 applications from 24 agencies requesting $3,075,658 in grant funding. For FY 2025-27, there is an estimated $793,816 in CDBG funding, an estimated $247,204 in HOME funding, $182,000 in Human Services Facility Fee Funding, $652,000 in Affordable Housing In-Lieu funding, and $244,500 in Social Opportunity Endowment (SOE) funding over the two-year grant cycle that is being recommended to fund 15 projects (10 organizations), Section 108 Loans, and Administration for a total of $2,119,520.
On April 28, 2025, Council approved recommendations for the local funding, which included the Human Services Facility Fee, Affordable Housing In-Lieu and Social Opportunity Endowment funds in the total amount of $1,078,500 over two years.
Due to the uncertainty of the federal budget, the Human Services Commission and staff recommendations for CDBG and HOME were estimates and were not included in the City Council’s recommendations for approval in April. On May 13, 2025, City staff was informed by HUD that FY 2025- 26 allocation for CDBG was $396,908, which is an increase of 4% from the previous year. The HOME grant, which is awarded to the City through the Alameda County HOME Consortium, received an 279
allocation of $123,602 in FY 2025-26 grant funding, which is a 5.5% increase from the previous year.
The attached federal grant allocations in Exhibit A to the resolution are adjusted grant awards based on the final grant allocations received and are recommended for approval.
A detailed description of each funding source with the recommendations is described below:
Community Development Block Grant (CDBG) Funds $793,816 ($396,908 for FY 2025-26 and an estimate of $396,908 for FY 2026-27):
Federal CDBG funds originate as an entitlement grant from the U.S. Department of Housing and Urban Development (HUD). Program regulations require that CDBG entitlement fund programs address one of three national objectives: (1) assisting low-income persons, (2) eliminating slum and blighted property, or (3) meeting needs created by a national emergency. The City must annually report to HUD how each organization receiving CDBG funding meets at least one of the three national objectives as well as all other HUD and Office of Management and Budget program guidelines. HUD restricts the amount of CDBG funds a jurisdiction can allocate within a specific program area. The City may allocate up to 15 percent of the entitlement amount to public services that support operational costs and provide supportive safety net services to low-income persons, and 20 percent for administration of the program.
For FY 2025-27, three projects, three section 108 loan repayments, and administration costs are recommended for funding:
Organization/Project
FY 2025-26
FY 2026-27*
Total Recommendation
Abode Services- Rapid
Re-Housing / Tenant
Based Rental Assistance
Program
$62,981
$62,981
$125,962
Tri-Valley Haven- Tenant
Based Rental Assistance
Program
$36,788
$36,788
$73,576
Spectrum Community
Service- Meals on
Wheels
$59,536
$59,536
$119,072
Section 108 Loan
Repayment- Axis
Community Health
$26,775
$26,194
$52,969
Section 108 Loan
Repayment- Hagemann
Farms**
$71,446
**$0
$71,446
Section 108 Loan
Repayment- Emergency
Shelter Rebuild
$60,000
$132,027
$192,027
Administration
$79,382
$79,382
$158,764
Total
$396,908
$396,908
$793,816
*FY 2026-27 recommendations are an estimate until final allocations are received from HUD. **The final loan payment for the Section 108 Loan for Hagemann Farm is in FY 2025-26.
Home Investment Partnership Program Funds $247,204 ($123,602 for FY 2025-26 and an estimate of $123,602 for FY 2026-27):
Like CDBG, the HOME Program also has restrictive program allocation guidelines. Projects funded with 280
HOME dollars are limited to activities that either create or preserve housing opportunities. Eligible activities include acquisition, residential rehabilitation, new residential construction, homebuyer assistance, and tenant-based rental assistance (TBRA) that benefit low-income persons. HOME funds are allocated to the City through the Alameda County HOME Consortium. For FY 2025-27, two projects and administration costs are recommended for funding:
Organization/Project
FY 2025-26
FY 2026-27*
Total Recommendation
Abode Services- Rapid
Re-Housing / Tenant
Based Rental Assistance
Program
$74,895
$74,895
$149,790
Tri-Valley Haven- Tenant
Based Rental Assistance
Program
$42,202
$42,202
$84,404
Administration
$6,505
$6,505
$13,010
Total
$123,602
$123,602
$247,204
*FY 2026-27 recommendations are an estimate until final allocations are received from HUD.
FISCAL AND ADMINISTRATIVE IMPACTS
Appropriation of the grant funds detailed above will come from the following sources as referenced in Exhibit A to the resolution: Community Development Block Grant funds $793,816 (Fund 224); and HOME funds $247,204 (Fund 225), for a total amount of $1,041,020 over the two-year grant cycle.
COMMUNITY PILLAR
1: A Safe Community That Thrives
GOAL
8: Expand and improve access to human services
ATTACHMENTS
1. Resolution
2. Exhibit A- Human Services CDBG and HOME Grant Recommendations- Fiscal Years 2025-27
Prepared by: Amy Walker
Management Analyst 1
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
281
1 RESOLUTION NO. ________
IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA
A RESOLUTION AUTHORIZING THE ALLOCATION AND APPROPRIATION OF
COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME INVESTMENT
PARTNERSHIP GRANT FUNDS IN THE TOTAL AMOUNT OF $1,041,020 FOR FISCAL YEAR 2025-27 AND AUTHORIZING THE EXECUTION OF DOCUMENTS
REQUIRED TO RECEIVE, USE, AND DISTRIBUTE FUNDS
Each year, the City of Livermore (“City”) brings together multiple funding sources to support capital projects and public service programs benefiting low -income households. These funding sources include C ommunity Development Block Grant (“CDBG”) and HOME Investment Partnerships Program (“HOME”) funds from the U.S.
Department of Housing and Urban Development (“HUD”) , which are leveraged with the City’s local resources, including th e Human Service Facility Fee Fund, the Affordable Housing In-Lieu Fund, and the Social Opportunity Endowment (SOE) Fund.
The City has traditionally allocated these funds to eligible public and nonprofit agencies that provide housing and services through its Housing and Human Services Grant Program. For FY 2025-27, the City’s Housing and Human Services Grant Program received 31 applications from 24 agencies requesting $3,075,658 in grant funding for the two-year grant cycle. The Human Services Commission evaluated and scored all grant applications and reviewed and approved proposed funding recommendations.
On March 11, 2025 , the Human Services Commission approved funding recommendations in the estimated total amount of $2,074,878 for Fiscal Years (FY) 2025- 27 from the federal grants, CDBG and HOME, as well as local funding from the Human Services Facility Fee, Affordable Hou sing In -Lieu and Social Opportunity Endowment funds. These funds will serve over 9,000 low -income, senior, youth, homeless, and disabled Livermore residents next two fiscal years.
On April 28, 2025, Council approved recommendations for the local funding, which included the Human Services Facility Fee, Affordable Housing In -Lieu and Social Opportunity Endowment funds in the total amount of $1,078,500 over two years.
On May 13, 2025, City staff was informed by HUD that FY 2025 -26 allocation for CDBG was $396,908, which is an increase of 4% from the previous year. The HOME grant, which is awarded to the City through the Alameda County HOME Consortium, received an allocation of $123,602 in FY 2025-26 grant funding, which is a 5.5% increase from the previous year. The attached federal grant allocations on Exhibit A are adjusted grant awards based on the final grant allocations received and are recommended for approval.
The CDBG and HOME funding appropriations for the FY 2025-27 Housing and Human Services Grant Program will consist of the following amounts from the following sources: (1) $793,816 in CDBG funds (Fund 224); and (2) $247,204 in HOME funds (Fund 225).
282
2 RESOLUTION NO. ________
The Human Services Commission and City staff recommend that the City Council approve the Human Services Grant Program funding recommendations for FY 2025-27 as set forth in Exhibit A, attached hereto.
NOW, THEREFORE, BE IT RESOLVED by the City Council o f the City of Livermore that it hereby:
1. Authorizes t he allocation and appropriation of $ 1,041,020 for funding 12 activities provided by 10 agencies, three section 108 loan repayments, and administration cost as recommended and more particularly set forth in Exhibit A, attached hereto, from the following sources in the following amounts:
a. Community Development Block Grant funds (Fund 224) in the estimated amount of $ 793,816 to provide two tenant based rental assistance programs, three section 108 loan repayments, and administration;
b. Home Investment Partnership funds (Fund 225) in the estimated amount of $247,204 to provide two tenant based rental assistance programs and administration; and
2. Authorizes the City Manager, or her designee, to execute all documents related to the receipt, use, and issuance of grant funds , including contracts and amendments thereto, with agencies receiving allocations of funds from the City of Livermore as set forth in Exhibit A, attached hereto.
3. Authorizes the City Manager , or her designee, to take whatever actions are necessary and appropriate to carry out the purpose and intent of this resolution.
On motion of Council Member ______________, seconded by Council Member _____________, the foregoing resolution was passed and adopted on June 23, 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Daniel R. Gonzales
Deborah L. Elam Daniel R. Gonzales
City Clerk Deputy City Attorney
Exhibit A- Human Services CDBG and HOME Grant Recommendations- Fiscal Years 2025-27
283
Human Services Grant Funding Fiscal Years 2025-26 and 2026-27 Total Recommended Funding by Funding Sources FY 2025-26 FY 2026-27* 2-Year Total Community Development Block Grant (CDBG) $ 396,908 $ 396,908 $ 793,816 HOME Investment Partnership (HOME) 123,602 123,602 247,204 TOTAL $ 520,510 $ 520,510 $ 1,041,020
Total Recommended Funding by Category FY 2025-26 FY 2026-27* 2-Year Total I. Ad
ministration $ 85,887 $ 85,887 $ 171,774 II. Capit
al- Section 108 Loans Obligations 158,221 158,221 316,442 III. C
apital- Tenant Based Rental Assistance 216,866 216,866 433,732 IV. Pu
blic Services 59,536 59,536 119,072 TOTAL $ 520,510 $ 520,510 $ 1,041,020
*FY 2026-27 recommendations are an estimate until final allocations are received from HUD.
Total Funding 1
EXHIBIT A
284
Human Services Grant Funding Fiscal Years 2025-26 and 2026-27 Agency Name
Project/Program Title
Funding
FY 2024-25
Funding
Recommendation
FY 2025-26
Funding
Recommendation
FY 2026-27*
CDBG/HOME
Funding
Recommendation
2-Year Total
I. Administration AB A+B
Community Development Block Grant (CDBG) $ 76,070 $ 79,382 $ 79,382 $ 158,764 HOME Investment Partnership (HOME) 6,851 6,505 6,505 $ 13,010 Administration Total $ 82,921 $ 85,887 $ 85,887 $ 171,774 *FY 2026-27 recommendations are an estimate until final allocations are received from HUD.
I. Administration 2
EXHIBIT A
285
Human Services Grant Funding Fiscal Years 2025-26 and 2026-27 Agency Name
Project/Program Title Program Description Funding
FY 2024-25
Funding
Recommendation
FY 2025-26
Funding
Recommendation
FY 2026-27*
CDBG Capital
Funding
Recommendation
2-Year Total
A B A+B
Axis Community Health
Clinic
Funds used to pay principal and interest installments
on loan used to rehabilitate Axis Community Health
Clinic building.
27,336$ 26,775$ 26,194$ $ 52,969 Hagemann Farm Funds used to pay principal and interest installments on loan used to acquire Hagemann Farm. 85,940 71,446 - 71,446 Emergency Shelter
Rebuild
Funds used to pay principal and interest installments
on loan for Tri-Valley Haven's Emergency Shelter
Rebuild
83,355 60,000 132,027 192,027 FY 2026-27* $ 158,221 $ 158,221 $ 316,442 *FY 2026-27 recommendations are an estimate until final allocations are received from HUD.
Capital - 108 Loan Obligations Total
II. Capital - City of Livermore 108 Loan Obligations
II. Capital 108 Loan 3
EXHIBIT A
286
Human Services Grant Funding Fiscal Years 2025-26 and 2026-27 Agency Name
Project/Program Title Program Description Funding
FY 2024-25
2-Year
Requested
Funding
CDBG Capital
Operating Costs
Funding
Recommendation
FY 2025-26
HOME
Rental Subsidies
Funding
Recommendation
FY 2025-26
CDBG Capital
Operating Costs
Funding
Recommendation
FY 2026-27*
HOME
Rental Subsidies
Funding
Recommendation
FY 2026-27*
CDBG Capital /
HOME Funding
Recommendation
2-Year Total
A B C D A+B+C+D
Abode Services
Rapid Rehousing
Program/ Tenant Based
Rental Assistance (TBRA)
Connecting individuals and
families experiencing
homelessness to time-
limited housing subsidies
and the supportive services
they need to transition
successfully from the
program to permanent
housing stability.
$ 96,556 $ 400,000 $ 62,981 $ 74,895 $ 62,981 $ 74,895 $ 275,752 Tri-Valley Haven
Tenant Based Rental
Assistance (TBRA)
Provide case
management, security
deposit, and first month's
rental assistance to adults,
and their children, who are
fleeing domestic violence
and/or experiencing
homelessness.
100,702 169,576 36,788 42,202 36,788 42,202 157,980 $ 197,258 $ 569,576 $ 99,769 $ 117,097 $ 99,769 $ 117,097 $ 433,732 *FY 2026-27 recommendations are an estimate until final allocations are received from HUD.
III. Capital - Tenant Based Rental Assistance (TBRA)
Capital Tenant Based Rental Assistance (TBRA) Total
III. Capital TBRA 4
EXHIBIT A
287
Human Services Grant Funding Fiscal Years 2025-26 and 2026-27 Agency Name
Project/Program Title Program Description Funding
FY 2024-25
2-Year
Requested
Funding
CDBG Public
Service
Funding
Recommendation
FY 2025-26
CDBG Public
Service
Funding
Recommendation
FY 2026-27*
CDBG / General
Fund Funding
Recommendation
2-Year Total
A B A+B
Spectrum Community Services
Meals on Wheels: More than a Meal
Deliver nutritious meals and vital
wellness checks five days a week to
disabled/homebound seniors in
Livermore.
$ 47,567 $ 148,000 $ 59,536 $ 59,536 $ 119,072 $ 47,567 $ 148,000 $ 59,536 $ 59,536 $ 119,072 IV. Public Services
Public Services Total
*FY 2026-27 recommendations are an estimate until final allocations are received from HUD.
IV. Public Services 5
EXHIBIT A
288
CITY COUNCIL STAFF REPORT
ITEM NO. 6.1
DATE:
June 23, 2025
TO:
Honorable Mayor and City Council
FROM:
Brent Smith, Community Development Director
SUBJECT:
Hearing to consider a resolution approving the FY 2025-29 Consolidated Plan, the FY 2025-26 Annual Action Plan, and the Citizen Participation Plan; authorizing submittal to the U.S. Department of Housing and Urban Development; and authorizing execution of associated documents.
RECOMMENDED ACTION
The Human Services Commission and staff recommend the City Council adopt a resolution:
1 .
Approving the FY 2025-29 Consolidated Plan and the FY 2025-26 Annual Action Plan, attached hereto as Exhibit A, and authorizes submission of the Consolidated Plan and Action Plan to Alameda County for inclusion with the Alameda County HOME Consortium report for submittal to HUD;
2 .
Approving the Citizen Participation Plan, attached hereto as Exhibit B, and authorizes submission of the Citizen Participation Plan to Alameda County for inclusion with the Alameda County HOME Consortium report for submittal to HUD;
3 .
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 2025-29 Consolidated Plan and FY 2025-26 Annual Action Plan, including, without limitation, the FY 2025-26 Entitlement Certifications, attached hereto as Exhibit C; and 4 .
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 2025-29 Consolidated Plan, FY 2025-26 Annual Action Plan, and the Citizen Participation Plan.
SUMMARY
The City of Livermore is the recipient of Community Development Block Grant (CDBG) funds from the Department of Housing and Urban Development (HUD). These dollars are used to fund programs and activities that benefit low- and moderate-income residents and to help prevent or eliminate slums and blight. As a condition of funding, the City is required to prepare a Five-Year Consolidated Plan (Con Plan) and Annual Action Plan.
289
The FY 2025-29 Con Plan sets forth broad policy goals and the City’s plan for addressing the identified needs using CDBG and HOME funds over the next five years. The Annual Action Plan outlines the amount of funding that will be allocated to activities for the period covering July 1, 2025-June 30, 2026, to help meet the goals listed in the Con Plan. The FY 2025-26 Action Plan will allocate $396,908 in CDBG entitlements and $123,602 in HOME funds, for a total of $520,510.
Along with the five-year Con Plan, the City is required to submit a Citizen Participation Plan to HUD. The Citizen Participation Plan is a tool to encourage residents to become involved in the development of the plans and documents that outline the housing and community development needs, goals, objectives and activities. The Citizen Participation Plan was updated by staff in May 2025 to ensure the information and requirements are relevant and current.
DISCUSSION
FY 2025-2029 Consolidated Plan and the FY 2025-26 Action Plan The Con Plan establishes a comprehensive five-year vision for the housing, community development, and human services needs for the City. The purpose of the Con Plan is to build a viable community with decent housing, a suitable living environment, and expanded economic opportunities for persons with low-to-moderate income levels. The development of the plan is a collaborative process. Through a community meeting and a stakeholder survey, the City consulted with community-based service providers and residents to help establish priority needs and objectives proposed in the Con Plan. The 2024 Eastern Alameda County Needs Assessment as well as input from and the Human Services Commission was used to develop goals and priorities listed in this document.
The Action Plan identifies federal, state, and local resources available to the City of Livermore that will be utilized to meet the priorities established in the Consolidated Plan. Priorities and goals identified in the Action Plan will support a continuum of programs that help low-income, underserved Livermore families achieve a goal of self-sufficiency. Also included in the Action Plan are programs to support a continuum of housing resources to assist low-income renters and homeowners, persons experiencing homelessness and/or persons at risk of homelessness, and to reduce incidents of housing discrimination through education on fair housing laws.
On May 13, 2025, City staff was informed by HUD that FY 2025-26 allocation for CDBG was $396,908, which is an increase of 4% from the previous year. The HOME grant, awarded to the City through the Alameda County HOME Consortium, will allocate $123,602 in FY 2025-26 grant funding, which is a 5.5% increase from the previous year. The FY 2025-26 Action Plan includes two tenant based rental assistance programs, payment on three Section 108 loans, a public service project, and administration for the CDBG and HOME program as outlined in the chart below:
Organization/Project
CDBG
HOME
Total
Abode Services- Rapid
Re-Housing / Tenant
Based Rental Assistance
Program
$62,981
$74,895
$137,876
290
Tri-Valley Haven- Tenant
Based Rental Assistance
Program
$36,788
$42,202
$78,990
Section 108 Loan
Repayment-
Axis Community Health
$26,775
$0
$26,775
Section 108 Loan
Repayment-
Hagemann Farms
$71,446
$0
$71,446
Section 108 Loan
Repayment- Emergency
Shelter Rebuild
$60,000
$0
$60,000
Spectrum Community
Services- Meals on
Wheels
$59,536
$0
$59,536
Administration
$79,382
$6,505
$85,887
Total
$396,908
$123,602
$520,510
Citizen Participation Plan
Along with the five-year Con Plan, the City is required to submit a Citizen Participation Plan to HUD. The Citizen Participation Plan is a tool to encourage residents to become involved in the development of the plans and documents that outline the housing and community development needs, goals, objectives and activities. The Citizen Participation Plan describes the development process of the Five-Year Con Plan, Annual Action Plans, Substantial Amendments to these plans, the Citizen Participation Plan, Section 108 Guaranteed Loans, and the Consolidated Annual Performance and Evaluation Report (CAPER). The Citizen Participation Plan was updated by staff in May 2025 to ensure the information and requirements are relevant and current.
Public Review and Comment:
The FY 2025-2029 Consolidated Plan, the FY 2025-26 Annual Action Plan and the Citizen Participation Plan has been available for public review for a 30-day public comment period beginning on May 23, 2025, as required by HUD.
FISCAL AND ADMINISTRATIVE IMPACTS
Funding for the projects and/or programs identified in the Action Plan will be made available through federal CDBG funding (Fund 224) in the amount of $396,908 and federal HOME funding (Fund 224) in the amount of $123,602 in FY 2025-26. Administrative costs associated with preparation and execution of the FY 2025-29 Consolidated Plan, the FY 2025-26 Action Plan, the Citizen Participation Plan, and the required environmental review are reimbursed through the City’s CDBG and/or HOME entitlement allocations.
COMMUNITY PILLAR
1: A Safe Community That Thrives
291
GOAL
8: Expand and improve access to human services
ATTACHMENTS
1. Resolution
2. Exhibit A - Draft FY 2025-2029 Consolidated Plan and FY 2025-26 Action Plan
3. Exhibit B - Citizen Participation Plan
4. Exhibit C - HUD Certifications FY 2025-26 Entitlement
Prepared by: Amy Walker
Management Analyst 1
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
292
1 RESOLUTION NO. ________
IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA
A RESOLUTION APPROVING THE FY 2025 -2029 CONSOLIDATED PLAN, THE FY 2025-26 ANNUAL ACTION PLAN, AND THE CITIZEN PARTICIPATION PLAN ; AUTHORIZING SUBMITTAL TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; AND AUTHORIZING EXECUTION OF ASSOCIATED
DOCUMENTS
Each year, the City of Livermore (“City”) receives Community Development Block Grant ("CDBG") and HOME Partnership Investment ("HOME") funds from the U.S. Department of Housing and Urban Development ("HUD"). The City , through its Housing and Human Services Grant Program, allocates these funds to eligible non- profit and public service organizations that serve low-income residents in the City. As a condition of funding, the city is required to prepare a Five-Year Consolidated Plan and an Annual Action Plan.
The FY 2025 -2029 Consolidated Plan (ConPlan) sets forth broad policy goals and the City’s plan for addressing the identified needs using CDBG and HOME funds over the next five years. The Ann ual Action Plan outlines the amount of funding that will be allocated to activities for the period covering July 1, 2025-June 30, 2026 to help meet the goals listed in the ConPlan. The FY 2025 -26 Action Plan will allocate $ 396,908 in CDBG entitlement and $123,602 in HOME funds, for a total of $520,510.
Along with the five-year ConPlan, the City is required to submit a Citizen Participation Plan to HUD. The Citizen Participation Plan is a tool to encourage residents to become involved in the development of the plans and documents that outline the housing and community development needs, goals, objectives and activities.
The Citizen Participation Plan was updated in May 2025 by staff to ensure the information and requirements are relevant and current.
NOW, THEREFORE, BE IT RESOLVED by the City Council of th e City o f Livermore, that it:
1. Approves the FY 2025 -2029 Consolidated Plan and the FY 2025-26 Annual Action Plan, attached hereto as Exhibit A, and authorizes submission of the Consolidated Plan and Action Plan to Alameda County for inclusion with the Alameda County HOME Consortium report for submittal to HUD.
2. Approves the Citizen Participation Plan, attached hereto as Exhibit B, and authorizes submission of the Citizen Participation Plan to Alameda County for inclusion with the Alameda County HOME Consortium re port for submittal to HUD.
3. Authorizes the City Manager, or her designee, to negotiate and execute all documentation and agreements with HUD and any subgrantees that are necessary and appropri ate to effectuate the FY 2025 -2029 Consolidated Plan 293
2 RESOLUTION NO. ________
and FY 2025-26 Annual Action Plan, including, without limitation, the FY 2025 -26 Entitlement Certifications, attached hereto as Exhibit C.
4. Authorizes the City Manager, or her designee, to take whatever actions are necessary and appropriate to carry out the purpose a nd intent of this resolution, including approving minor changes to the FY 2025 -2029 Consolidated Plan, FY 2025-26 Annual Action Plan, and the Citizen Participation Plan.
On motion of Counc il Member ______________________, seconded by Council Member ______________________, the foregoing r esolution was passed and adopted on June 23, 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Daniel R. Gonzales
Deborah L. Elam Daniel R. Gonzales
City Clerk Deputy City Attorney
Exhibit A – Draft FY 2025-2029 Consolidated Plan and FY 2025-26 Action Plan Exhibit B – Citizen Participation Plan
Exhibit C – HUD Certifications FY 2025-26 Entitlement
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FY 2025-2029
CONSOLIDATED PLAN
and
FY 2025-2026
ACTION PLAN
MEMBER OF THE ALAMEDA COUNTY
HOME CONSORTIUM
EXHIBIT A
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Executive Summary
ES-05 Executive Summary – 24 CFR 91.200(c), 91.220(b)
1. Introduction
This Five-Year Strategic Plan sets forth objectives and actions in priority housing and non-housing community development areas for the City of Livermore’s low- and moderate-income residents and neighborhoods. This Plan is required by the U.S. Department of Housing and Urban Development (HUD) as a condition of federal funding, including but not limited to Community Development Block Grant (CDBG) funds and HOME funds. This Plan sets forth the anticipated uses of all federal resources for the period covering July 1, 2025, through June 30, 2030 (FY 2025-26 through FY 2029- 30). The City anticipates receiving CDBG entitlement funds worth $1,984,540 over this period.
This Plan is submitted through the Alameda County HOME Consortium, as the lead agency for receiving HOME funds for the City of Livermore and other participating jurisdictions. In the City of Livermore, all CDBG-funded activities are used according to the national objectives for the program:
• to benefit low- and moderate-income persons,
• to prevent or eliminate slums or blight, or
• to meet an urgent need that poses an immediate threat to health and safety.
In FY 2025-26, the City of Livermore’s allocation for Community Development Block Grant (CDBG) entitlement funding from the US Department of Housing and Urban Development (HUD) is $396,908 and $123,602 of federal HOME Investment Partnerships Program (HOME) funds through the Alameda County HOME Consortium.
In preparing the FY 2025–2029 Strategic Plan, the City consulted with community-based service providers, residents, and the Human Services Commission. These entities helped to establish priority needs and objectives and developed strategies in the form of projects and activities to further those objectives.
The City
of Livermore’s Human Services Commission (HSC) acknowledged that Housing Services, Homeless Services, Health Care Services and Service Provision, Awareness and Navigation Services are the top housing and community development needs in Livermore.
In addition, the City held a public meeting and released a c ommunity survey to gather community input regarding housing and community development needs. Through the data collection and public participation efforts the following goals are being prioritized for federal funding for FY 2025-2029:
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1. Affordable Housing and Rental Assistance
2. Minor Housing Rehabilitation Program
3. Support Core Public Services
4. Improve Public Infrastructure and Community Facilities
2. Summary of the objectives and outcomes identified in the Plan Needs Assessment Overview
For the five-year planning period, the City of Livermore will prioritize the following activities with federal funds with an emphasis on meeting the needs of people experiencing homelessness, seniors, families, survivors of domestic violence and people with disabilities:
• Increase Affordable Housing Development
• Affordable Housing and Rental Assistance*
• Housing & Legal Services
• Minor Housing Rehabilitation Program*
• Support Core Public Services*
• Improve Public Infrastructure and Community Facilities*
*Starred activities are federal funding priorities
The City’s priorities are in line with the needs of the community and align with the goals that Alameda County Housing and Community Development set for the five-year period.
3. Evaluation of past performance
Accomplishments and an evaluation of the prior year’s activities related to the FY 2020-2024 Consolidated plan are included in the annual HUD-approved Consolidated Annual Performance and Evaluation Reports (CAPER). For FY 2023-24, the CAPER was completed in September 2024 and FY 2024- 25 will be completed in September 2025.
Subrecipients submitted quarterly progress reports for all Human Services grant-funded activities which allows the evaluation of project performance. In addition, the HSC held an annual public meeting to review the Consolidated Annual Performance Evaluation Report (CAPER). Staff reviews the agencies' programmatic and fiscal management performance, and this information is factored into the Human Services Commission’s discussion of the implementation of the annual application process and the recommendations for project funding to the City Council.
4. Summary of citizen participation process and consultation process
HUD requires jurisdictions to have a Citizen Participation Plan that details public input and the noticing process for the Consolidated Plan, Annual Action Plan, Substantial Amendments, and the CAPER.
Consolidated Plan priorities and the Annual Action Plan were developed through a series of community City of Livermore
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DRAFT
meetings, public hearings and outreach conducted by the City and the Human Services Commission (HSC) and included input from a variety of residents, community organizations, agencies, the Livermore Human Services Commission, the Livermore City Council, and other stakeholders.
On February 12, 2025, a public notice was published inviting residents to participate in the planning process for the 2025-2029 Consolidated Plan through a stakeholder survey, a public information meeting, and a Human Services Commission Meeting. The notice was published in the local newspaper, on the City’s website, on the City’s social media platforms, and emailed to the Human Services distribution list to reach a wide range of residents and non-profit providers.
A Stakeholder Survey was available from February 10- 28, 2025 to gather input regarding funding for
the CDBG program. The results of the survey were considered when coming up with the needs, goals, and objectives for the Consolidated Plan.
On February 20, 2025, a Consolidated Plan Public Meeting was held to provide information on the CDBG process and to invite residents and stakeholders to provide feedback on the five-year Consolidated Plan.
On May 21, 2025, the City published a public hearing notice advising of a public hearing on June 23, 2025, regarding the Five-Year Consolidated Plan, Annual Action Plan, and updated Citizen Participation Plan, as well as seeking and encouraging public comment regarding housing and community development needs identified in the Plan. The 30-day public comment period was from May 23 to June 23, 2025. All public notices are published in the local newspaper and translated into Spanish for publication in non-English language newspapers. The notice was also published on the City’s website (www.livermoreca.gov/humanservices), emailed to the Human Services distribution list, and posted at the City’s Multi-Service Center (3311 Pacific Avenue, Livermore).
On June 23, 2025, the City Council heard public comments and held a public hearing on the Consolidated Plan, Annual Action Plan, and the updated Citizen Participation Plan.
Alameda County published a notice inviting a 30-day public comment period regarding the Consortium’s Consolidated and Action Plans on May 30, 2025.
5. Summary of public comments
All public c omments related to the Five-Year Consolidated Plan and Annual Action Plan will be accepted and included in the final document.
6. Summary of comments or views not accepted and the reasons for not accepting them
All comments received will be documented as part of the public participation process.
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7. Summary
The City will fund eligible CDBG activities that address the housing and community development needs identified in the FY 2025-2029 Consolidated Plan.
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The Process
PR-05 Lead & Responsible Agencies - 91.200(b)
1. Describe agency/entity responsible for preparing the Consolidated Plan and those responsible for administration of each grant program and funding source The following are the agencies/entities responsible for preparing the Consolidated Plan and those responsible for administration of each grant program and funding source.
Agency Role Name Department/Agency
Lead Agency LIVERMORE
CDBG Administrator LIVERMORE City of Livermore-Community Development Department
Table 1– Responsible Agencies
Narrative
The City of Livermore Housing and Human Services Division within the Community Development Department is responsible for preparing the Five-Year Consolidated Plan, Annual Action Plan, Consolidated Annual Performance and Evaluation Report (CAPER), and additional related documents. The City of Livermore is a CDBG Entitlement jurisdiction. The City is a member jurisdiction of the Alameda County HOME Consortium and receives HOME Program funds through Alameda County. Alameda County serves as the entitlement jurisdiction for the Alameda County HOME Consortium.
Consolidated Plan Public Contact Information
City of Livermore
Attn: Josh Thurman
Human Services Program Manager
Community Development Department, Housing and Human Services Division 1052 S. Livermore Avenue,
Livermore, California 94550
925-960-4590
[email protected]
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PR-10 Consultation - 91.100, 91.110, 91.200(b), 91.300(b), 91.215(l) and
91.315(l)
1. Introduction
The Five-Year Strategic Plan and Annual Action Plan needs and priorities are based on information developed and compiled from public and nonprofit partner agencies and from the public. The Five- Year Strategic Plan and Annual Action Plan are important documents for the HOME Consortium. Built on interagency coordination, consultation, and public participation, both plans focus attention on housing and community development needs and resources available to meet these needs.
Provide a concise summary of the jurisdiction’s activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(I)).
The City actively works with numerous affordable housing developers, community-based organizations, governmental agencies, healthcare institutions, and education providers through funding partnerships and coordination meetings to continually enhance collaboration and identify new partnership opportunities.
Activities to address the housing needs of the homeless, extremely low-income persons with severe mental illness, and those living with HIV/AIDS center on the implementation of the EveryOne Home Plan throughout Alameda County, which is a unique collaboration among community stakeholders, cities, and Alameda County government agencies representing three separate care systems: homeless services, and mental health services that share overlapping client populations.
In addition, the cities of Dublin, Livermore and Pleasanton partnered with Axis Community Health to develop and fund a Mental Health Urgent Care program. Axis Bridge Mental Health Urgent Care program is available to all members of the community, regardless of income or insurance status. Individuals and families with urgent mental health needs can call for timely access to immediate services. The Axis Bridge program serves as a central entry point for assessment, triage, treatment, and care coordination for anyone seeking mental health treatment, regardless of insurance type or status. Like a medical urgent care setting, the Center provides an assessment and timely connection to services in a setting that is less costly to operate than an emergency department.
The City works in close coordination with the Housing Authority of the City of Livermore (LHA) to support the utilization of the Section 8 Program and other special-designation voucher programs in Livermore. The City supported LHA’s application to HUD to become a “Move to Work” designated agency. The City and LHA continued to partner with non-profit services providers and the Livermore school district on the implementation of a supportive housing program at Leahy Square for families exiting homelessness, funded through the State’s Family Homeless Challenge Grant.
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Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessness
Through coordination with Alameda County departments, local jurisdictions, East County service providers, community groups, and residents, the City has identified a broad range of housing and social service needs within Livermore. Organizations serving the homeless, including Alameda County Health Office of Homeless Care and Coordination, Alameda County Health Care for the Homeless, EveryOne Home, and local homeless service providers, advise on the needs of people experiencing homelessness.
The EveryOne Home collective impact initiative, which also functions as the Alameda County Homeless Continuum of Care, is supported by a community-based backbone organization, and guided by a Leadership Board comprised of jurisdictional appointed members and key community constituencies such as people with lived experience, city representatives, nonprofit service providers and housing developers, businesses, law enforcement, housing authorities, and faith-based organizations.
The City of Livermore is supportive of the EveryOne Home initiatives to establish equitable system-wide outcomes and to evaluate the effectiveness of programs against those outcomes. The key is to allow each City to align the plan with the local strategies to address homelessness. The updated EveryOne Home plan includes pursuing strategies which prevent people from becoming homeless, expand affordable housing, offer critical interventions that ensure the safety and dignity of people living without housing, and urgently reduce homelessness in our most impacted and vulnerable communities.
Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in determining how to allocate ESG funds, develop performance standards and evaluate outcomes, and develop funding, policies and procedures for the administration of HMIS The City of Livermore is not an entitlement jurisdiction for ESG funding.
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2. Describe Agencies, groups, organizations and others who participated in the process and describe the jurisdictions consultations with housing, social service agencies and other entities
Table 2– Agencies, groups, organizations who participated 1 Agency/Group/Organization Alameda County Housing and Community Development
Agency/Group/Organization Type Other government - County What section of the Plan was addressed
by Consultation?
Housing Need Assessment
Homelessness Strategy
Non-Homeless Special
Needs
Economic Development
Market Analysis
Anti-poverty Strategy
How was the Agency/Group/Organization
consulted and what are the anticipated
outcomes of the consultation or areas for
improved coordination?
The City of Livermore is a part of the Alameda County
HOME Consortium, which includes all nine jurisdictions.
As a Consortium, there are numerous consultation
meetings to discuss individual and regional strategies, approaches, and trends. The Consortium and the Local
Housing Authorities consulted to hold various local
community group meetings that contributed to the
Analysis of Impediments regional document. In addition, the City works closely with the department to administer homelessness programs funded through the State.
2 Agency/Group/Organization City of Livermore Human Services Commission Agency/Group/Organization Type Other government - Local What section of the Plan was addressed
by Consultation?
Housing Need Assessment
Non-Homeless Special Needs
How was the Agency/Group/Organization
consulted and what are the anticipated
outcomes of the consultation or areas for
improved coordination?
Provided input in the development of the 2024 Eastern
Alameda County Needs Assessment. Recommended
grant priorities and provided funding recommendations
to Livermore City Council.
3 Agency/Group/Organization City of Livermore Housing Authority Agency/Group/Organization Type PHA
City of Livermore
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DRAFT
What section of the Plan was addressed
by Consultation?
Public Housing Needs
How was the Agency/Group/Organization
consulted and what are the anticipated
outcomes of the consultation or areas for
improved coordination?
The City regularly meets with the Livermore Housing
Authority (LHA) to coordinate the utilization of the
Section 8 Program and other special-designation
voucher programs in Livermore. The City and LHA
continued to partner with non-profit services
providers and the Livermore school district on
implementation of a supportive housing program at
Leahy Square for families exiting homelessness,
funded through the State's Family Homeless
Challenge Grant. LHA also participated in the planning
and development of the Analysis of Impediments to
Fair Housing Choice Plan.
4 Agency/Group/Organization Abode Services, Inc.
Agency/Group/Organization Type Services - Housing
Services-Homeless
What section of the Plan was addressed
by Consultation?
Housing Need Assessment
Homelessness Strategy
Homeless Needs - Chronically homeless
How was the Agency/Group/Organization
consulted and what are the anticipated
outcomes of the consultation or areas for
improved coordination?
Provided input in the development of the 2024
Eastern Alameda County Needs Assessment. The City
coordinates with services providers to assess needs
and establish ways to coordinate services on a
regional level.
5 Agency/Group/Organization Axis Community Health
Agency/Group/Organization Type Services-Health
Health Agency
What section of the Plan was addressed
by Consultation?
Non-Homeless Special Needs
How was the Agency/Group/Organization
consulted and what are the anticipated
outcomes of the consultation or areas for
improved coordination?
Provided input in the development of the 2024 Eastern
Alameda County Needs Assessment. The City coordinates
with services providers to assess needs and establish
ways to coordinate services on a regional level.
6 Agency/Group/Organization CityServe of the Tri-Valley Agency/Group/Organization Type Services - Housing
Services-Elderly Persons
Services-Persons with Disabilities
Services-Victims of Domestic Violence
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Services-Homeless
What section of the Plan was addressed
by Consultation?
Housing Need Assessment
Homelessness Strategy
Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Homelessness Needs - Veterans
Homelessness Needs - Unaccompanied youth
How was the Agency/Group/Organization
consulted and what are the anticipated
outcomes of the consultation or areas for
improved coordination?
Provided input in the development of the 2024 Eastern
Alameda County Needs Assessment. The City coordinates
with services providers to assess needs and establish
ways to coordinate services on a regional level.
7 Agency/Group/Organization Community Resources for Independent Living Agency/Group/Organization Type Services - Housing
Services-Persons with Disabilities
What section of the Plan was addressed
by Consultation?
Housing Need Assessment
Non-Homeless Special Needs
How was the Agency/Group/Organization
consulted and what are the anticipated
outcomes of the consultation or areas for
improved coordination?
Provided input in the development of the 2024 Eastern
Alameda County Needs Assessment. The City coordinates
with services providers to assess needs and establish
ways to coordinate services on a regional level.
8 Agency/Group/Organization Eden Council for Hope and Opportunity Agency/Group/Organization Type Services - Housing
Service-Fair Housing
What section of the Plan was addressed
by Consultation?
Housing Need Assessment
How was the Agency/Group/Organization
consulted and what are the anticipated
outcomes of the consultation or areas for
improved coordination?
Provided input in the development of the 2024
Eastern Alameda County Needs Assessment. The City
coordinates with services providers to assess needs
and establish ways to coordinate services on a
regional level.
9 Agency/Group/Organization Eden I&R
Agency/Group/Organization Type Service- Information and Referral What section of the Plan was addressed
by Consultation?
Non-Homeless Special Needs
How was the Agency/Group/Organization
consulted and what are the anticipated
outcomes of the consultation or areas for
improved coordination?
Provided input in the development of the 2024
Eastern Alameda County Needs Assessment. The City
coordinates with services providers to assess needs
and establish ways to coordinate services on a
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regional level.
10 Agency/Group/Organization Legal Assistance for Seniors Agency/Group/Organization Type Services-Elderly Persons
What section of the Plan was addressed
by Consultation?
Non-Homeless Special Needs
How was the Agency/Group/Organization
consulted and what are the anticipated
outcomes of the consultation or areas for
improved coordination?
Provided input in the development of the 2024 Eastern
Alameda County Needs Assessment. The City coordinates
with services providers to assess needs and establish
ways to coordinate services on a regional level.
11 Agency/Group/Organization Open Heart Kitchen
Agency/Group/Organization Type Services-Elderly Persons Services-Homeless
What section of the Plan was addressed
by Consultation?
Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Homelessness Needs - Veterans
Homelessness Needs - Unaccompanied youth
Non-Homeless Special Needs
How was the Agency/Group/Organization
consulted and what are the anticipated
outcomes of the consultation or areas for
improved coordination?
Provided input in the development of the 2024 Eastern
Alameda County Needs Assessment. The City coordinates
with services providers to assess needs and establish
ways to coordinate services on a regional level.
12 Agency/Group/Organization Spectrum Community Services Agency/Group/Organization Type Services-Elderly Persons Services-Persons with Disabilities
What section of the Plan was addressed
by Consultation?
Non-Homeless Special Needs
How was the Agency/Group/Organization
consulted and what are the anticipated
outcomes of the consultation or areas for
improved coordination?
Provided input in the development of the 2024 Eastern
Alameda County Needs Assessment. The City coordinates
with services providers to assess needs and establish
ways to coordinate services on a regional level.
13 Agency/Group/Organization Tri-Valley Haven for Women Agency/Group/Organization Type Services - Housing
Services-Children
Services-Victims of Domestic Violence
Services-Homeless
What section of the Plan was addressed
by Consultation?
Housing Need Assessment
Homeless Needs - Families with children
Non-Homeless Special Needs
City of Livermore
FY 2025-2029 Consolidated Plan and FY 2025-26 Action Plan 11 EXHIBIT A
306
DRAFT
How was the Agency/Group/Organization
consulted and what are the anticipated
outcomes of the consultation or areas for
improved coordination?
Provided input in the development of the 2024 Eastern
Alameda County Needs Assessment. The City coordinates
with services providers to assess needs and establish
ways to coordinate services on a regional level.
Identify any Agency Types not consulted and provide rationale for not consulting
Efforts were made to include as broad a group of community stakeholders as possible. No agency types were excluded from participation.
City of Livermore
FY 2025-2029 Consolidated Plan and FY 2025-26 Action Plan 12 EXHIBIT A
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DRAFT
Other local/regional/state/federal planning efforts considered when preparing the Plan
Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan?
Continuum of Care Alameda County Housing
and Community
Development Agency
The Continuum of Care provides housing and
services for all income levels including homeless,
persons with mental health issues and all special
need populations.
2025-2029 Analysis
of Impediments to
Fair Housing Choice
Alameda County Housing
and Community
Development Agency
The City's Action Plan activities help address the
needs identified in the analysis for people
experiencing homelessness and low-income
families.
2024 Eastern
Alameda County
Needs Assessment
City of Livermore, City of
Pleasanton, and City of
Dublin
The Needs Assessment includes comprehensive
overview of the human services needs the Tri-
Valley at a regional level and helps us assess
where there are unmet needs.
2024 Alameda
County Homeless
Point in Time Count
EveryOne Home Homeless population census and analysis of demographics and characteristics of those
experiencing homelessness.
Table 3– Other local / regional / federal planning efforts
Describe cooperation and coordination with other public entities, including the State and any adjacent units of general local government, in the implementation of the Consolidated Plan (91.215(l))
There are many goals and priorities that align related to the needs in Dublin, Livermore and Pleasanton.
The three cities regularly meet and collaborate on efforts to assess and develop capacity building for the Tri-Valley services providers within the three cities. The three cities combined the allocation of the Homeless Housing, Assistance, and Prevention (HHAP) Funds to implement crisis stabilization services as a Tri-Valley Region and collaborate on a Joint Human Services Grant Program for the non-profits. In addition, the three cities finished the 2024 Eastern Alameda County Human Services Needs Assessment. The updated assessment will provide a strategic framework to provide safety net services for Tri-Valley residents.
The City is part of the Alameda County Home Consortium, led by Alameda County Housing and Community Development Department Agency (HCD). The consortium consists of the cities of Alameda, Fremont, Hayward, Livermore, Pleasanton, Union City, San Leandro, and the Urban County (which encompasses small cities and the unincorporated areas of Alameda County). Together, the consortium members coordinate strategies to address regional housing and community development priorities through bi-monthly meetings.
The consortium also met during the development of the Consolidated Plan to share data, establish goals, and align funding strategies.
City of Livermore
FY 2025-2029 Consolidated Plan and FY 2025-26 Action Plan 13 EXHIBIT A
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DRAFT
PR-15 Citizen Participation - 91.105, 91.115, 91.200(c) and 91.300(c)
1. Summary of citizen participation process/Efforts made to broaden citizen participation Summarize citizen participation process and how it impacted goal setting The City’s citizen participation process is designed to enhance public engagement in the planning and allocation of CDBG and HOME funds in compliance with HUD regulations. The process includes public meetings, one of which was held to discuss the planning process prior to the publication of the City’s draft plan for public comment. The City also conducted a stakeholder survey to gather input from the community regarding needs, goals, and objectives for the Consolidated Plan. All notices are published in the local newspaper, on the City’s website, and emailed to the Human Services distribution list to reach a wide range of residents and non-profit providers. The notification for the informational meeting and the stakeholder survey were also published on the City’s social media platforms to further broaden citizen participation.
On May 21, 2025, the City published a public hearing notice advising the public of a public hearing on June 23, 2025, regarding the Five-Year Consolidated Plan, Annual Action Plan, and updated Citizen Participation Plan, as well as seeking and encouraging public comment regarding housing and community development needs identified in the Plan. The 30-day public comment period was from May 23 to June 23, 2025. All public notices are published in the local newspaper and translated into Spanish for publication in non-English language newspapers. The notice was also published on the City’s website (www.livermoreca.gov/humanservices), emailed to the Human Services distribution list, and posted at the City’s Multi-Service Center (3311 Pacific Avenue, Livermore).
On June 23, 2025, the City Council heard public comments and held a public hearing on the Consolidated
Plan, Annual Action Plan, and the updated Citizen Participation Plan.
City of Livermore
FY 2025-2029 Consolidated Plan and FY 2025-26 Action Plan 14 EXHIBIT A
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DRAFT
Citizen Participation Outreach
Table 1– Citizen Participation Outreach
Sort
Order
Mode of
Outreach
Target of
Outreach
Summary of
Response/
Attendance
Summary of
Comments
Received
Summary of
Comments
not
Accepted
and Reasons
URL (If
applicable)
1 Needs
Assessment
Outreach
Non-
targeted
/broad
community
November 2022
to June 2023-
2024 Eastern
Alameda County
Human Services
Needs
Assessment
Outreach, which
included: One-
on-One
Interviews-
Focus Groups-
Community
Events-Human
Services
Commission
Meetings-
Council
Meetings
All
comments
were
received and
included as
part of the
data
evaluation
for the 2024
Eastern
Alameda
County
Needs
Assessment
document.
All
comments
were
accepted.
https://www.live
rmoreca.gov/ho
me/showpublish
eddocument/114
91/63849978368
9800000
2 Needs
Assessment
Outreach
Non-
targeted
/broad
community
August 3, 2024
Human Services
Staff tabled at
Tri-Valley Non-
Profit Alliance's
Salud y Sol
Event, which
had 1,113
community
members in
attendance.
All
comments
were
received by
City staff and
any
questions
were
answered, as
needed.
All
comments
were
accepted.
https://tvnpa.org
/event/livermore
-connects-salud-
y-sol/
City of Livermore
FY 2025-2029 Consolidated Plan and FY 2025-26 Action Plan 15 EXHIBIT A
310
DRAFT
Sort
Order
Mode of
Outreach
Target of
Outreach
Summary of
Response/
Attendance
Summary of
Comments
Received
Summary of
Comments
not
Accepted
and Reasons
URL (If
applicable)
3 Needs
Assessment
Outreach
Non-
targeted
/broad
community
Human Services
staff tabled at
the Livermore
Farmers Market
to gather input
from the
Community on
needs and
answer any
questions they
had about
housing and
human services
in Livermore.
All
comments
were
received by
City staff and
any
questions
were
answered, as
needed.
All
comments
were
accepted.
City of Livermore
FY 2025-2029 Consolidated Plan and FY 2025-26 Action Plan 16 EXHIBIT A
311
DRAFT
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)
4 Public
Hearing
Non-
targeted
/broad
community
On October 28,
2024, City
Council held a
public hearing
to obtain public
comment
related to the
housing and
community
needs and
priorities for the
FY 2025-2027
Grant cycle. The
public hearing
notice was
published in
both the English
and Spanish
Newspaper,
posted on the
City's website,
and in print at
the Mulit-
Service Center
(3311 Pacific
Avenue,
Livermore). The
30-day public
period was from
September 27,
2024 to October
28, 2024.
1 public
comment
was
received.
All
comments
were
accepted.
https://granicus-
azasp-
hypatia.s3.amazo
naws.com/q13dB
ZXZdw5mJc1RaE
Rj3TME?respons
e-content-
disposition=inlin
e%3B%20filenam
e%3D%222024-
10-
28%20City%20Co
City of Livermore
FY 2025-2029 Consolidated Plan and FY 2025-26 Action Plan 17 EXHIBIT A
312
DRAFT
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
Meeting
Non-
targeted
/broad
community
On December 4,
2024,
representatives
from 40
agencies and
other interested
parties
attended a Tri-
Valley Virtual
application
workshop to
receive
information
from city staff
regarding the
local grant
program
requirements
and process.
Any
questions
regarding the
grant process
were
answered by
City Staff.
Not
Applicable
6 Public
Meeting
Non-
targeted
/broad
community
On February 20,
2025, Human
Services staff
hosted a virtual
Online
Consolidated
Plan Public
Meeting to
inform the
public and
providers about
the 2025-2029
Consolidated
Plan process.
Nine people
attended.
No public
comment
was
received.
No public
comment
was
received.
City of Livermore
FY 2025-2029 Consolidated Plan and FY 2025-26 Action Plan 18 EXHIBIT A
313
DRAFT
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)
7 Needs
Assessment
Outreach
Non-
targeted
/broad
community
A survey
regarding the FY
2025-2029
Consolidated
Plan was
available online
from February
10-28, 2025, to
gather input
from the
community
regarding the
upcoming
consolidated
plan needs,
activities, and
goals. The
survey was
posted on the
City's social
media platforms
and on the
City's website.
41 responses
were received.
All survey
results were
received and
evaluated as
part of the
Consolidated
Plan data
evaluation.
All
comments
were
accepted.
City of Livermore
FY 2025-2029 Consolidated Plan and FY 2025-26 Action Plan 19 EXHIBIT A
314
DRAFT
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)
8 Public
Meeting
Non-
targeted
/broad
community
March 11, 2025,
The Human
Services
Commission
received a
presentation
regarding the
funding
recommendatio
ns for the FY
2025-2027
grant cycle and
approved the
recommendatio
ns for City
Council's final
approval. This
meeting was
open to the
public.
One public
comment
was
received.
All
comments
were
accepted.
https://granicus-
azasp-
hypatia.s3.amazo
naws.com/8A679
jCcuhuLc3MCVxe
Q5Bsr?response-
content-
disposition=inlin
e%3B%20filenam
e%3D%222025-
03-
11%20HSC%20M
in
City of Livermore
FY 2025-2029 Consolidated Plan and FY 2025-26 Action Plan 20 EXHIBIT A
315
DRAFT
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)
9 Public
Hearing
Non-
targeted
/broad
community
On June 23,
2025, the City
Council held a
public hearing
to obtain public
comment
related to the
Five-Year
Consolidated
Plan, the Annual
Action Plan, and
the Citizen
Participation
Plan. The public
hearing notice
was published
in both the
English and
Spanish
Newspaper,
posted on the
City's website,
and in print at
the Mulit-
Service Center
(3311 Pacific
Avenue,
Livermore). The
30-day public
period was from
May 23, 2025 to
June 23, 2025.
(Add if any
public
comment is
received at
the public
hearing.)
All
comments
were
accepted.
City of Livermore
FY 2025-2029 Consolidated Plan and FY 2025-26 Action Plan 21 EXHIBIT A
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DRAFT
Needs Assessment
NA-05 Overview
Needs Assessment Overview
The Needs Assessment of the Consolidated Plan identifies Livermore’s priority needs in affordable housing, homelessness, supportive housing, and community development. Through community meetings, surveys, and public comments, the City determined the highest priority needs. The City will allocate CDBG funds to programs and projects addressing these priorities during the period of July 1, 2025 to June 30, 2030.
The City invited residents, non-profit organizations, and other stakeholders to participate in a community meeting and an online survey to determine the City’s most pressing needs. Other outreach efforts included a broad range of outreach while undertaking the process of updating the Eastern Alameda County Human Services Needs Assessment, staff tabling at local community events throughout the year, and input from the Human Services Commission.
Priority Needs Summary:
• Top Housing Needs identified: Senior Housing, Affordable Rental Housing, and Down Payment Assistance.
• Top Community Facility Improvement Needs identified: Child Care Centers, Youth Centers, Senior Centers, Emergency Shelters, Social Service Centers, and Health Care Facilities. • Top Public Service Needs identified: Job training and/or Placement, Services for Seniors, Services and Shelter for Homeless People, and Food or Meals for Low-Income Residents • Top Homeless Service Needs identified: Transitional Housing, Permanent Housing, and Increased Emergency Shelter Space.
• Top Economic Development Needs identified: Employment Training and Job Resource/Creation Services.
City of Livermore
FY 2025-2029 Consolidated Plan and FY 2025-26 Action Plan 22 EXHIBIT A
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DRAFT
NA-50 Non-Housing Community Development Needs - 91.415, 91.215 (f) Describe the jurisdiction’s need for Public Facilities:
The City places importance on public facility improvements, particularly in areas that benefit low-income residents. Throughout the needs assessment process, there have been a variety of sources that helped identify the need for Public Facilities.
The City continually is looking for ways to address public facility needs. In 2024, Vineyard Resource Center opened. The resource center created 23 new, permanent supportive housing units for people experiencing homelessness (plus one on-site resident manager’s unit) and has a year-round 30-bed temporary shelter for homeless individuals. They City also developed plans to renovate the Multi-Service Center, which is home to seven non-profit agencies, and acts as a central location for people to receive healthcare, housing navigation, and homeless services.
Continuing to address the public facility needs will create a more resilient community to meet the needs of all residents in the future.
How were these needs determined?
The City of Livermore conducted a Human Services Facility Assessment in 2024, which identified Childcare, Community Care and Senior Services Facilities as a priority need. The 2 024 Eastern Alameda County Needs Assessment identified the need for Health Care Facilities (including Mental Health and Substance Abuse Facilities), Child Care Centers, and Youth Centers. In additional to the facilities mentioned already, the needs assessment survey identified Emergency Shelters and Social Service Centers as additional needs.
Describe the jurisdiction’s need for Public Improvements:
The City’s 2023-2028 Capital Improvement Plan details the public improvements needed and includes projects that support the General Plan, Specific Plans, and Neighborhood Areas. ADA access ramps installations, curb and gutter replacement, median rehabilitation, and bike lane improvements are included in the plan. The sidewalks and streets within the City’s main target areas remain a focus for rehabilitation. By repairing and upgrading sidewalks, streets, and bike lines, it will increase the ability of families to safely walk their children to school as well as obtain other basic services in LMI areas.
How were these needs determined?
These needs were identified through the Engineering and Public Works Division staff and feedback from the public.
City of Livermore
FY 2025-2029 Consolidated Plan and FY 2025-26 Action Plan 23 EXHIBIT A
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DRAFT
Describe the jurisdiction’s need for Public Services:
Lack of sufficient funding is the major obstacle the City faces in achieving its public services objectives.
For the FY 2025-26 and FY 2026-27 two-year grant program, the City received requests of $1,502,082 for public services. Using CDBG and other local funding sources, such as SOE and General Fund, the City will only be able to fund 33%, or approximately $553,000, of the public service grant request. Every year the City receives more public service grant requests compared to the prior year. Non-profit organizations dedicate significant time to organizing fundraising events, soliciting donations, and seeking private grants but even with these efforts, local agencies do not have enough funding for staffing and other basic costs of operating. In addition, demand for basic safety net services has increased exponentially.
How were these needs determined?
The City public service needs and priorities were determined by data analysis, the 2024 Eastern Alameda County Needs Assessment, the needs assessment survey, and ongoing engagement with our non-profit providers.
City of Livermore
FY 2025-2029 Consolidated Plan and FY 2025-26 Action Plan 24 EXHIBIT A
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DRAFT
Housing Market Analysis
MA-05 Overview
Housing Market Analysis Overview:
According to the U.S. Census Bureau’s population estimates, the City of Livermore experienced an estimated population decrease of 3.5% between 2020-2024. In 2024, the population estimates started to increase and are expected to continue an upward trend over the next five years. The increase in population will bring an increased need for more affordable housing.
The City of Livermore, like much of the Bay Area, faces significant housing challenges characterized by rising cost, limited supply, and increasing affordability concerns. The affordability gap is widening due to consistent price increases in both rental and homeownership markets which outpace wage increases for lower income workers. The number of households with cost burdens and other housing problems continues to rise, and the City is facing a need for affordable housing for families, seniors aging in place, people with disabilities, and unsheltered neighbors. Other pressing housing needs include rehabilitation of the aging housing stock, retaining the existing affordable housing stock, and supportive services that help community members obtain and maintain affordable housing.
According to the 2024 Eastern Alameda County Needs Assessment, the rate of home ownership in Livermore is
72.3% and rentership is 27.7%. The rate of home ownership is significantly higher than the average home ownership rate in Alameda County and the rate for rentership is considerably lower than the average in rentership in Alameda County. The rate of people who are cost burdened for homeowners is estimated to be
27.7% and for renters is 49.9%. The Livermore Housing Element also indicated the cost burden rate for renters is significantly higher than for homeowners. A very low-income household of four in Livermore can afford $1,946 in rent per month, however, with fair market rents averaging $2,849 for a two-bedroom unit, these households cannot afford average market-rate rentals without facing cost burden issues.
As a result of increasing market rents and limited access to living wage employment, the number of persons experiencing homelessness, or at risk of homelessness, in Livermore is continuing to grow. In addition to the need for short-term interventions that ensure the safety and dignity of people living without housing, Alameda County’s plan to end homelessness identifies the expansion of permanent affordable housing as the most critical need for ending homelessness.
The City is focusing on expanding affordable housing development and preserving existing units. Through collaboration with regional partners like the Alameda County HOME Consortium, the City plans to add over 300 new deeply affordable units in the next five years. Regional initiatives, like the “HOME Together 2026” plan, aim to reduce homelessness and enhance housing stability.
City of Livermore
FY 2025-2029 Consolidated Plan and FY 2025-26 Action Plan 25 EXHIBIT A
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DRAFT
MA-45 Non-Housing Community Development Assets - 91.410, 91.210(f) Introduction
Founded in 1869, Livermore is California’s oldest wine region, framed by award-winning wineries, farmlands, and ranches that mirror the Valley’s western heritage. Located in Alameda County, the City of Livermore encompasses 26.44 square miles and is the easternmost city in the San Francisco Bay Area; the gateway to the Central Valley.
As home to renowned science and technology centers, Lawrence Livermore National Laboratory and Sandia National Laboratories, Livermore is a technological hub and an academically engaged community. It has become an integral part of the San Francisco Bay Area, successfully competing in the global market powered by its wealth of research, technology, and innovation.
Livermore's arts, culture, western heritage, and vibrant wine industry provide a unique blend to this special community. Historic Downtown Livermore is enjoying a renaissance, reestablishing the downtown as the city’s preeminent shopping, dining, entertainment, and cultural district with a 10-screen cinema and a 500- seat performing arts center. With the addition of several residential projects and a pedestrian-oriented environment, the City is establishing an active urban living experience in the Valley.
Economic Development Market Analysis
Business Activity
Business by Sector Number of
Workers
Number of
Jobs
Share of
Workers
%
Share of
Jobs
%
Jobs less
workers
%
Agriculture, Mining, Oil & Gas Extraction 264 65 0.53 0 -1 Arts, Entertainment, Accommodations 3,809 3,802 7.59 9 -2 Construction 3,221 5,808 6.42 14 6
Education and Health Care Services 9,451 3,766 18.83 9 -5 Finance, Insurance, and Real Estate 3,237 1,464 6.45 4 -2 Information 1,172 1,252 2.33 3 -1
Manufacturing 5,295 3,835 10.55 9 -2
Other Services 2,222 918 4.43 2 -1
Professional, Scientific, Management
Services
10,574
10,623
21.06 26
5 Public Administration 1,923 0 3.83 0 0
Retail Trade 5,422 4,731 10.80 11 0
Transportation and Warehousing 2,211 1,149 4.40 3 0
Wholesale Trade 1,398 3,813 2.78 9 3
Total 50,199 41,226 100.00 -- --
Data
Source:
Table 5- Business Activity
2016-2020 ACS (Workers), 2015 Longitudinal Employer-Household Dynamics (Jobs) City of Livermore
FY 2025-2029 Consolidated Plan and FY 2025-26 Action Plan 26 EXHIBIT A
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DRAFT
Labor Force
Total Population in the Civilian Labor Force 51,735
Civilian Employed Population 16 years and over 50,735
Unemployment Rate 3.0%
Unemployment Rate for Ages 16-24* 18.16
Unemployment Rate for Ages 25-65* 3.48
Table 6 - Labor Force
Data Source: 2016-2020 ACS
*2011-2015 ACS
Occupations by Sector Number
of
People
Management, Business and Financial 26,005
Farming, Fisheries and Forestry
Occupations
0 Service 7,615
Sales and Office 10,026
Natural Resources, Construction,
Extraction, M aintenance
and Repair
2,528
Production, Transportation and
Material Moving
4,025
Total 50,199
Data Source: 2016-2020 ACS
Travel Time
Table 7 – Occupations by Sector
Travel Time Number Percentage
< 30 Minutes 24,467 55.7%
30-59 Minutes 11,069 25.2%
60 or More Minutes 8,390 19.1%
Total 43,926 100%
Table 8 -Travel Time
Data Source: 2016-2020 ACS
City of Livermore
FY 2025-2029 Consolidated Plan and FY 2025-26 Action Plan 27 EXHIBIT A
322
DRAFT
Education:
Educational Attainment by Employment Status (Population 16 and Older)
Educational Attainment In Labor Force
Civilian Employed Unemployed Not in Labor Force
Less than high school graduate 2,570 175 1,140
High school graduate (includes
equivalency)
6,240
320
1,570
Some college or Associate's
degree
12,465
675
2,965
Bachelor's degree or higher 17,280 510 2,325
Table 9 - Educational Attainment by Employment Status
Data Source: 2011-2015 ACS
Educational Attainment by Age
Age
18–24 yrs 25–34 yrs 35–44 yrs 45–65 yrs 65+ yrs
Less than 9th grade 135 405 530 875 500
9th to 12th grade, no diploma 765 545 550 975 560
High school graduate, GED, or
alternative
1,800
1,735
1,870
4,525
1,920
Some college, no degree 2,710 2,560 2,255 6,215 2,710
Associate's degree 410 1,290 1,215 2,570 965
Bachelor's degree 645 3,365 3,225 6,600 1,810
Graduate or professional degree 65 1,455 1,895 3,585 1,475 Table 10- Educational Attainment by Age
Data Source: 2011-2015 ACS
Educational Attainment – Median Earnings in the Past 12 Months
Educational Attainment Median Earnings in the Past 12 Months Less than high school graduate 30,501
High school graduate (includes equivalency) 45,098
Some college or associate’s degree 56,806
Bachelor's degree 90,136
Graduate or professional degree 107,026
Table 11 – Median Earnings in the Past 12 Months
Data Source: 2016-2020 ACS
City of Livermore
FY 2025-2029 Consolidated Plan and FY 2025-26 Action Plan 28 EXHIBIT A
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DRAFT
Based on the Business Activity table above, what are the major employment sectors within your jurisdiction?
Long a scientific and industrial innovator, Livermore is becoming increasingly absorbed into the broader San Francisco Bay Area innovation ecosystem. This means successfully competing in a global marketplace with access to talent, capital, and resources, but it also means increased in- and out- migration as workers in the Central Valley seek higher wages in Livermore and Livermore residents do the same in Silicon Valley, San Francisco, and Oakland.
According to the Business Activity tables above using data from the US Census’ 2016-2020 American Community Survey, the Professional, Scientific, and Management Services sectors are the predominant employment sectors in Livermore, making up more than 21% of the city’s workers and jobs. The Education and Healthcare S ervices, M anufacturing, and R etail S ectors also have a significant employment presence in Livermore.
Describe the workforce and infrastructure needs of the business community:
The City of Livermore’s 2020-2025 Economic Development Strategic Plan identified transit and workforce recruitment and retention as key challenges for the local business community. Major employers who were interviewed identified the lack of transit options and regional congestion on the Altamont Pass and along Highways 84, 580, and 680 as barriers to doing business. Housing supply, traffic congestion, and relatively lower wages were identified as factors that present a challenge to recruiting and retaining workers.
Furth
ermore, the City’s 2019 economic development survey identified transit options and BART, parks or facilities for youth activities, higher quality hotels, and affordable housing as things that Livermore is missing. Downtown was also heavily emphasized, with many survey respondents stating their desire to see a completed downtown along with more parking and improved bike and pedestrian access.
Describe any major changes that may have an economic impact, such as planned local or regional public or private sector investments or initiatives that have affected or may affect job and business growth opportunities during the planning period. Describe any needs for workforce development, business support or infrastructure these changes may create.
In October 2021, the City Council appointed a General Plan Advisory Committee to work with City staff on updating Livermore’s General Plan, which guides City decisions about transportation, jobs, housing, parks, shopping, services, and more. This comprehensive update will guide the city’s growth through the year 2045, with a focus on land use, transportation, sustainability, and the conservation of resources and open space.
Over the past three and a half years, the Advisory Committee has reviewed and recommended updates to the Community Vision, land use designations, goals, and policies for consideration by the Planning City of Livermore
FY 2025-2029 Consolidated Plan and FY 2025-26 Action Plan 29 EXHIBIT A
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DRAFT
Commission and City Council. City staff are currently preparing a draft General Plan Update, which will be presented to the General Plan Advisory Committee in summer 2025. A public draft will be released in fall 2025 for community review, feedback, and questions. Following community outreach and additional input from the Advisory Committee, the final General Plan Update will be presented to the Planning Commission and City Council for adoption.
How do the skills and education of the current workforce correspond to employment opportunities in the jurisdiction?
Many of Livermore’s most common positions require significant levels of formal education and training.
While Livermore’s population is highly educated, many community members do not have the college or high school degree needed to access higher paying occupations. The Bay Area’s uneven labor market means that education levels do not necessarily correspond with available job opportunities. Regionally, high wage occupation categories are growing the most, but low-wage occupation categories have the largest number of jobs in total.
The 2024 Eastern Alameda County Needs Assessment identified the need for adult education and vocational skills development particularly for those without high school and college degrees. Another gap is insufficient childcare options for low-income families, which disproportionately impacts low-wage workers and job seekers. Stakeholders also reported the need for a diverse workforce that is racially, culturally and linguistically responsive to the needs of the community.
Describe any current workforce training initiatives, including those supported by Workforce Investment Boards, community colleges and other organizations. Describe how these efforts will support the jurisdiction's Consolidated Plan.
In addition to job fairs hosted by the City of Livermore, the following local workforce development programs are available for low-income and unemployed persons: CalWORKS programs; the Tri-Valley Career Center; Livermore Adult Education; Amador Valley Adult and Community Education; Tri-Valley Regional Occupation Program; and Chabot- Las Positas Community College’s Tri Valley Pathways to Employment Program. The Tri Valley’s workforce ecosystem is a highly collaborative one where local jurisdiction, workforce intermediaries, educational institutions, and employers work closely together to create employment opportunities for community members.
Does your jurisdiction participate in a Comprehensive Economic Development Strategy (CEDS)?
Yes
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If so, what economic development initiatives are you undertaking that may be coordinated with the Consolidated Plan? If not, describe other local/regional plans or initiatives that impact economic growth.
The City of Livermore’s FY 2025-2029 Consolidated Plan strategies align closely with its 2020-2025 Economic Development Strategic Plan, which identifies the following three goals:
1. Encourage an innovation-driven economy
2. Further enhance Livermore's unique sense of place and elevate the City's standing as a world- class destination; and
3. Ensure Livermore's economy remains diverse, inclusive, and resilient.
In particular, Consolidated Plan activities can help the City meet the following objectives related to its third goal of ensuring Livermore’s economy remains diverse, inclusive, and resilient:
• Objective 1: Ensure access to local employment and entrepreneurship opportunities for a broad section of the community
• Objective 2: Ensure Livermore remains a place where people of all backgrounds and skill levels can live and work
• Objective 3: Economic Resiliency
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MA-50 Needs and Market Analysis Discussion
Are there areas where households with multiple housing problems are concentrated? (include a definition of "concentration")
According to the HUD office of Community Planning and Developments CPD Mapping Tool, the City has 20 Census Tracts, which encompass 57 Census Block Groups. Of these, eight are classified as Low-Mod Census Block Groups under the CDBG program. Low-Mod Census Block Groups are defined as areas where more than 50% of the residents earn 80% or less of the median family income. In FY 2024, the median family income for a household of four in the area is $155,700, meaning households earning $120,800 or less fall into this category.
The most common problem for low- to moderate-income households in Livermore is cost burden. Renters struggle to afford rental rates, and low-income homeowners struggle to afford the cost of household maintenance and repairs. In the latter case, poorly maintained homes lead to additional repair problems in the future, higher utility costs, and can lead to an overall deterioration of the housing units. The rate of people who are cost burdened for homeownership is estimated to be 27.7% and for renters is 49.9% in Livermore.
HUD Comprehensive Housing Affordability Strategy (CHAS) defines the four main “Housing Problems” as being the following: Overcrowded housing conditions (with more than one person per room); Cost burden (paying more than 30% of income toward housing cost, including utilities); Housing that lacks complete plumbing facilities; and Housing that lacks complete kitchen facilities. According to the 2016-2020 ACS, there are 10,655 housing units (6,125 Homeowners and 4,530 Renters) that have at least one of the four “Housing Problems as defined by HUD.
City of Livermore Low-and Moderate-Income Summary Data (LMISD) for Block Groups % or Greater
Census
Tract
Block
group
Total LMI
Population
Total
Population
Low to Moderate
Income %
451201 1 930 1,660 56.00%
451201 3 1,200 1,845 65.00%
451404 2 1,510 2,360 64.00%
451404 3 870 1,280 68.00%
451404 4 1,355 1,805 75.10%
451506 2 875 1,170 74.80%
451602 1 630 1,200 52.50%
451704 3 725 1,185 61.20%
Data Source: 2016-2020 ACS
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HUD also defines “Severe Housing Problems” as the following: Severely overcrowded housing conditions (with more than one and a half persons per room); Severely cost burdened (paying more than 50% of income toward housing cost, including utilities); Housing that lacks complete plumbing facilities; and Housing that lacks complete kitchen facilities. According to the 2016-2020 ACS there are 4,575 housing units (2,285 Homeowners and 2,290 Renters) that have at least one of the four “Severe Housing Problems as defined by HUD.
Are there any areas in the jurisdiction where racial or ethnic minorities or low-income families are concentrated? (include a definition of "concentration") According to the 2016-2020 American Community Survey data, Census tract 4514.04, denotes where the majority of community members are non-white, and 49% of the population is Latino.
What are the characteristics of the market in these areas/neighborhoods?
Census tract 4514.04 is in the center of Livermore and has some of the highest levels of crowded housing and homeowner housing cost burden in the City. This C ensus tract predominately contains single family and mixed-use housing developments.
Are there any community assets in these areas/neighborhoods?
Census t ract 4514.04 has several small businesses and grocery stores that cater to community members. A K-8th school that qualifies for Title 1 funding serves this area. The schools provide a variety of programs and services designed to serve low-income community members and immigrant families.
The City also has an active public library branch within this community. May Nissen Park, a 12.2-acre community park that was recently renovated and includes a swim center, playgrounds, group picnic areas, basketball courts, restrooms, horseshoe pits, sports fields, tennis courts, dog park and a preschool, is located near the library.
Are there other strategic opportunities in any of these areas? An affordable housing development site within this area, Chestnut Square, provides 72 affordable apartment units for seniors and 42 affordable family units, in addition to a 44-unit market rate townhouse project. Fifteen units are prioritized for households experiencing homelessness and provide supportive services. The projects will also utilize HUD's Project Based Section 8 program and HUD 811 program for people with disabilities. In 2024, Vineyard Resource Center opened. The resource center created 23 new, permanent supportive housing units for people experiencing homelessness (plus one on-site resident manager’s unit). It also has a year-round 30-bed temporary shelter for homeless individuals.
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MA-60 Broadband Needs of Housing occupied by Low- and Moderate- Income Households - 91.210(a)(4), 91.310(a)(2)
Describe the need for broadband wiring and connections for households, including low- and moderate- income households and neighborhoods.
Internet is an essential communications and information platform that allows users to take advantage of the increased interconnections of business, education, commerce and day to day utility. Reliable access to internet is a becoming a necessity to thrive in the modern economic environment. Communities that lack broadband access struggle to keep pace with the rest of the county. Locations without broadband internet access impede its population’s ability to take advantage of educational and entrepreneurial opportunities available online. This is particularly problematic for LMI areas where economic opportunities are often lacking. Studies suggest a strong correlation between increased high-speed internet access and increased education and employment opportunities, especially in small cities and rural areas.
According to the Federal Communications Commission (FCC) National Broadband Map, 100% of Livermore is covered by broadband internet. According to 2019-2023 ACS data, 96.5 % of residents in Livermore have broadband internet subscriptions. To help minimize the gap for LMI households, the major internet providers in Livermore, such as Verizon and AT&T, allow households who qualify for public assistance programs, such as the National School Lunch Program, Housing Assistance, Medicaid, SNAP, and SSI, to be connected at lower speeds and at much lower costs without contracts, credit checks, and installation fees. All new construction of housing units in California requires hardwired internet connections in the units. Additionally, there are personal computers with internet access located in area libraries, senior centers and community centers.
Describe the need for increased competition by having more than one broadband Internet service provider serve the jurisdiction.
There are 13 residential internet providers in Alameda County and approximately 95% of Alameda County residents are served by multiple wireless providers with broadband speed. The need for increased competition is not an issue in Livermore.
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MA-65 Hazard Mitigation - 91.210(a)(5), 91.310(a)(3)
Describe the jurisdiction’s increased natural hazard risks associated with climate change.
The California Department of Public Health’s Climate Change and Health Profile Report for Alameda County from 2017 outlines the following climate change impact concerns for Bay Area communities:
• Increased temperature
• Reduced precipitation
• Sea level rise and inland flooding
• Heat waves
• Fire risk
According to the 2024 Tri-Valley Local Hazard Mitigation Plan, average temperatures are expected to continue to increase in the planning area, which may lead to a host of primary and secondary impacts, such as an increased incidence of heat waves. Expected changes in precipitation patterns are poorly understood and could have significant impacts on the water supply and flooding in the area.
Atmospheric river events may result in stormwater flooding after stormwater management systems are overwhelmed.
The Local Hazard Mitigation Plan also identifies the following hazard risks for the City of Livermore, some of which are associated with climate change:
• Earthquakes (High Risk)
• Severe weather (Medium Risk)
• Wildfire (Medium Risk)
• Flood (Low Risk)
• Landslide (Low Risk)
• Drought (Low Risk)
• Dam failure (Low Risk)
Describe the vulnerability to these risks of housing occupied by low- and moderate-income households based on an analysis of data, findings, and methods.
The maps created as part of the 2024 Local Hazard Mitigation Plan show that most of Livermore's housing stock is located outside of flood, wildfire, and landslide areas. The five census tracts identified in the Needs Assessment and Market Analysis as having the greatest concentration of low- and moderate- income households (4514.04, 4516.02, 4515.06, 4514.01, and 4517.04) face various levels of vulnerability to local hazards associated with climate change.
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LMI households and those with special needs without the means to evacuate would be more vulnerable during natural disasters caused by climate change. It would be difficult for households to acquire transportation and housing accommodations during an emergency. Additionally, housing destroyed by natural disasters would be difficult to replace at the same affordability level in an already constrained housing market.
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Strategic Plan
SP-05 Overview
Strategic Plan Overview
The Strategic Plan for the 2025-2029 Consolidated Plan incorporated information gathered through data research, public meetings to discuss priority community needs, a survey, Human Services Commission meetings, and public hearings held by the Livermore City Council.
The goals and priority needs identified in this section support programs that provide families and individuals with the resources they need to thrive. The goal of the City’s service delivery system should be to determine the correct amount and type of services that a family or individual will require to achieve stability and avoid housing instability in the future. The City’s goal is to fund programs that allow our partners to effectively complete this work without additional barriers to obtaining assistance.
The priority needs and goals for the FY 2025-2029 Con Plan are outlined in the following charts below: “SP- 25 Priority Needs and Summary” and “SP-45 Goals Summary” City of Livermore
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SP-10 Geographic Priorities - 91.415, 91.215(a)(1)
Geographic Area
1 Area Name: City-
wide
Area Type: Other
Other Target Area Description: Other
HUD Approval Date:
% of Low/ Mod:
Revital Type:
Other Revital Description:
Identify the neighborhood boundaries for this target area.
Include specific housing and commercial characteristics of this target area.
How did your consultation and citizen participation process help you to identify this neighborhood as a target area?
Identify the needs in this target area.
What are the opportunities for improvement in this target area? Are there barriers to improvement in this target area?
Table 12 - Geographic Priority Areas
General Allocation Priorities
CDBG public service and capital funds will be dedicated to low-and moderate-income households distributed throughout the City of Livermore, thus the majority of funding through the City's Housing and Human Services Grant Program is distributed city- wide.
The City has not established specific target areas to focus on the investment of CDBG funds. However, certain projects receiving funding have offices in or provide services in neighboring jurisdictions, such as the adjacent cities of Pleasanton and Dublin. This allows the agencies to serve Livermore residents as part of the services provided within the greater Tri-Valley area. All CDBG funded activities are targeted at serving low- and moderate-income eligible households that reside solely within the City of Livermore.
The benefits of not having a targeted area include the ability to address a wide variety of needs across the City, ensuring funding can be directed to where it is most needed and regardless of geographical boundaries.
This approach enables the City to provide equitable access to resources and services across local neighborhoods with varying social-economic backgrounds. Additionally, this approach provides for the City to focus on the overall needs of the community, rather than narrowing the scope to specific areas, thereby allowing maximum impact of the CDBG funds to improve the quality of life for our residents.
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SP-25 Priority Needs - 91.415, 91.215(a)(2)
Priority Needs
1 Priority Need Name Affordable Housing
Priority Level High
Population Extremely Low
Low
Moderate
Middle
Large Families
Families with Children
Elderly
Public Housing Residents
Chronic Homelessness
Individuals
Families with Children
Mentally Ill
Chronic Substance Abuse
Veterans
Persons with HIV/AIDS
Victims of Domestic Violence
Unaccompanied Youth
Elderly
Frail Elderly
Persons with Mental Disabilities
Persons with Physical Disabilities
Persons with Developmental Disabilities
Persons with Alcohol or Other Addictions
Persons with HIV/AIDS and their Families
Victims of Domestic Violence
Non-housing Community Development
Geographic Areas Affected Other
Associated Goals Affordable Housing and Rental Assistance Minor Housing Rehabilitation Program
Description Promote the production, rehabilitation and preservation of affordable housing (rental and ownership) through acquisition, rehabilitation, new construction and minor home repair.
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Basis for Relative Priority As identified in the 2024 Eastern Alameda County Needs Assessment, expressed at community needs meetings, and identified in the stakeholder survey, affordable housing is a critical need in the community. 2 Priority Need Name Homeless Services
Priority Level High
Population Extremely Low
Low
Chronic Homelessness
Individuals
Families with Children
Mentally Ill
Chronic Substance Abuse
Veterans
Persons with HIV/AIDS
Victims of Domestic Violence
Unaccompanied Youth
Geographic Areas Affected Other
Associated Goals Affordable Housing and Rental Assistance Support Core Public Services
Description Use resources to end homelessness by funding and supporting homeless services programs.
Basis for Relative Priority As identified in the 2024 Eastern Alameda County Needs Assessment, expressed at community meetings, and identified in the stakeholders survey, homeless services are a critical need in the community.
3 Priority Need Name Supportive Housing
Priority Level High
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Population Extremely Low
Low
Large Families
Families with Children
Elderly
Public Housing Residents
Chronic Homelessness
Individuals
Families with Children
Mentally Ill
Chronic Substance Abuse
Veterans
Persons with HIV/AIDS
Victims of Domestic Violence
Unaccompanied Youth
Elderly
Frail Elderly
Persons with Mental Disabilities
Persons with Physical Disabilities
Persons with Developmental Disabilities
Persons with Alcohol or Other Addictions
Persons with HIV/AIDS and their Families
Victims of Domestic Violence
Geographic Areas Affected Other
Associated Goals Affordable Housing and Rental Assistance Support Core Public Services
Description Increase the availability of service enriched housing for persons with special needs by supporting the acquisition and new construction of housing units.
Basis for Relative Priority There is a pressing local need for supportive housing units, particularly for seniors, people experiencing homelessness, people with disabilities, and families providing case management and coordination of services to help participants maintain permanent housing.
4 Priority Need Name Healthcare Services
Priority Level High
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Population Extremely Low
Low
Moderate
Large Families
Families with Children
Elderly
Public Housing Residents
Chronic Homelessness
Individuals
Families with Children
Mentally Ill
Chronic Substance Abuse
Veterans
Persons with HIV/AIDS
Victims of Domestic Violence
Unaccompanied Youth
Elderly
Frail Elderly
Persons with Mental Disabilities
Persons with Physical Disabilities
Persons with Developmental Disabilities
Persons with Alcohol or Other Addictions
Persons with HIV/AIDS and their Families
Victims of Domestic Violence
Non-housing Community Development
Geographic Areas Affected Other
Associated Goals Support Core Public Services
Description Increase the availability of affordable healthcare for low-to moderate income persons that includes medical, dental, mental health, and substance abuse programs.
Basis for Relative Priority As identified in the 2024 Eastern Alameda County Needs Assessment, expressed at community meetings, and identified in the stakeholder survey, healthcare services is one of the critical needs in the community. 5 Priority Need Name Service Provision, Awareness, and Navigation Priority Level High
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Population Extremely Low
Low
Moderate
Large Families
Families with Children
Elderly
Public Housing Residents
Rural
Chronic Homelessness
Individuals
Families with Children
Mentally Ill
Chronic Substance Abuse
veterans
Persons with HIV/AIDS
Victims of Domestic Violence
Elderly
Frail Elderly
Persons with Mental Disabilities
Persons with Physical Disabilities
Persons with Developmental Disabilities
Persons with Alcohol or Other Addictions
Persons with HIV/AIDS and their Families
Victims of Domestic Violence
Non-housing Community Development
Geographic Areas Affected Other
Associated Goals Support Core Public Services
Description Support needed services, including but not limited to senior residents, survivors of domestic violence, homeless residents, disabled residence with wrap around services to help participants overcome barriers on their way to self-sufficiency.
Basis for Relative Priority As identified in the 2024 Eastern Alameda County Needs Assessment document, there is a need to help strengthen and increase access to supportive services, particularly for seniors, people experiencing homelessness, people with disabilities, and families.
6 Priority Need Name Improve Public Infrastructure and Facilities Priority Level Low
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Table 23 – Priority Needs Summary
Population Extremely Low
Low
Moderate
Middle
Non-housing Community Development
Geographic Areas Affected Other
Associated Goals Improving Public Infrastructure and Facilities Support Core Public Services
Description Make improvements, including ADA accessibility, to public facilities, such as curbs and sidewalks, neighborhood parks and recreational improvements, homeless facilities and other public facilities/community centers.
Basis for Relative Priority As identified in the 2024 Eastern Alameda County Needs Assessment document, improvements to public facilities to increase service capacity is a need in the community.
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SP-35 Anticipated Resources - 91.420(b), 91.215(a)(4), 91.220(c)(1,2) Introduction
The City of Livermore anticipates receiving federal Community Development Block Grant (CDBG) allocations from HUD as an entitlement city. The City anticipates receiving an estimated annual CDBG allocation of $396,908 during the FY 2025-2029 based on the FY 2025-26 annual allocation award. These funds are eligible to be used toward program administration, capital projects, public services projects, and other projects that benefit low-and moderate-income residents. The City also anticipates receiving an estimated annual HOME Investment Partnerships Program (HOME) allocation of $123,602 through the Alameda County HOME Consortium during FY 2025-2029.
Anticipated Resources
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
$396,908
0 $0
$396,908
$1,733,645
The City
anticipates
receiving
approximately
$396,908 of
CDBG allocation
annually during
the five-year
Consolidated
Plan. The City
also has
approximately
$146,013 of
prior year
resources it
anticipates
allocating over
the five-year
period.
Table 14 - Anticipated Resources
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. Local funding sources include Housing In- lieu (In-lieu) funds that are allocated solely for housing projects and/or programs, Human City of Livermore
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Service Facility Fees that are exclusively allocated to capital projects supporting human services activities serving low-income persons, and Social Opportunity Endowment (SOE) funds that are allocated to public service programs assisting low-income persons. HOME Investment Partnership funds are earmarked for projects that provide tenant based rental assistance to domestic violence survivors and people experiencing, or who are at risk of becoming, homeless. The allocation of HOME funds is offered through the Alameda County HOME Consortium, of which the City of Livermore is a member.
City General Funds are used for specific projects such as the operation of the Multi-Service Center, 2- 1-1, and homeless services. The City of Livermore will continue identifying one-time funding opportunities, such as funds received from the State of California’s Homeless Emergency Aid Program (HEAP) to pilot short-term strategies that address the needs of community members experiencing homelessness.
If appropriate, describe publicly owned land or property located within the state that may be used to address the needs identified in the plan
The City of Livermore owns a few 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-Service Center, which is a City-owned building providing offices for non-profit services providers and helps address the need for increasing access to critical services.
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SP-40 Institutional Delivery Structure - 91.415, 91.215(k) Explain the institutional structure through which the jurisdiction will carry out its consolidated plan including private industry, non-profit organizations, and public institutions.
Responsible Entity Responsible
Entity Type
Role Geographic Area Served
City of Livermore Government Economic Development
Homelessness
Non-homeless special
needs
Ownership
Planning
Rental
Neighborhood
Improvements
Public facilities
Public services
Jurisdiction
Alameda County
Housing and Community
Development
Department
Government Economic Development
Homelessness
Non-homeless special
needs
Ownership
Planning
Rental
Neighborhood
Improvements
Public facilities
Public services
Region
Abode Services, inc. Non-profit
organizations
Homelessness
Rental
Region
Axis Community Health Non-profit
organizations
Homelessness
Non-homeless special
needs
Public services
Region
CityServe of the Tri-
Valley
Non-profit
organizations
Homelessness
Non-homeless special
needs
Public services
Region
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Responsible Entity Responsible
Entity Type
Role Geographic Area Served
Open Heart Kitchen Non-profit
organizations
Homelessness
Non-homeless special
needs
Public services
Region
Spectrum Community
Services
Non-profit
organizations
Non-homeless special
needs
Public services
Region
Tri-Valley Haven for
Women
Non-profit
organizations
Non-homeless special
needs
Public services
Region
Table 15- Institutional Delivery Structure
Assess of Strengths and Gaps in the Institutional Delivery System
The City’s institutional delivery system for housing and human services is built on collaboration between public agencies and local nonprofits. Public agencies include the City’s Housing and Human Services Division, Alameda County HCD (including the HOME Consortium), and the neighboring Cities of Dublin and Pleasanton. The City actively coordinates with these partners to address housing and human services needs and ensure that they align with local and regional goals.
One of the City’s greatest strengths is the presence of excellent, active community-based organizations.
Community- based organizations also work closely with one another in Livermore through a number of collaborations. Livermore has a strong sense of community, and volunteerism levels are high. According to the 2024 Eastern Alameda County Needs Assessment, access to high-quality healthcare providers and mental health services, comprehensive services of nonprofit organizations, food security, and food services were identified as strengths in the Tri-Valley (Tri-Valley includes Livermore, and the neighboring Cities of Dublin and Pleasanton).
One gap in the institutional delivery system is a lack of access to services that can prevent the delivery of the services needed. This can be the result of several factors including lack of transportation, services that are not delivered in a culturally appropriate manner, burdensome requirements prior to accessing services and service locations that are not close in proximity to those in need. Lack of transportation is a particular challenge for the elderly, for persons with disabilities, and for others who may not drive or have a car. The lack of awareness of the availability of services by those in need and a lack of knowledge about how to access services are significant obstacles. Those in need must often access services from several points; similar services may also be provided by more than one agency.
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The lack of affordable housing is another significant institutional challenge. Lack of affordable housing is part of the larger housing crisis seen across the Bay Area. Lack of affordable housing stock, lack of jobs that have income that afford a living wage for the area, and barriers to access affordable housing (example: high deposits and bad credit) poses significant challenges to try to meet the needs of low-income residents. It is the top concern among individuals that call the local 2-1-1 helpline, with the request being over three times higher the any other need and representing the highest unmet need among callers.
Availability of services targeted to homeless persons and persons with HIV and mainstream services
Homelessness Prevention
Services
Available in the
Community
Targeted to
Homeless
Targeted to People
with HIV
Homelessness Prevention Services
Counseling/Advocacy X X
Legal Assistance X
Mortgage Assistance X
Rental Assistance X X
Utilities Assistance X
Street Outreach Services
Law Enforcement X X
Mobile Clinics X X
Other Street Outreach Services X X
Supportive Services
Alcohol & Drug Abuse X X
Child Care X
Education X
Employment and Employment
Training
X
Healthcare X X X
HIV/AIDS X X
Life Skills X X
Mental Health Counseling X X
Transportation X X
Other
Table 16- Homeless Prevention Services Summary
Describe how the service delivery system including, but not limited to, the services listed above meet the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) The City provides a range of services to address homelessness, focusing on chronically homeless individuals, City of Livermore
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families with children, veterans and their families and unaccompanied youth. As of 2024 Point-In-Time Count (PIT), the City had an estimated 277 individuals experiencing homelessness, with 108 individuals being sheltered and 169 individuals being unsheltered. Compared to 2022, the City had a 14% increase in individuals experiencing homelessness, but the number of sheltered individuals increased by 59%.
The City has several year-round shelters and permanent supportive housing units for people experiencing homelessness. In January 2024, the Vineyard Housing and Resource Center project was completed (https://www.openheartkitchen.org/vineyard). The Vineyard project created 23 new, permanent supportive housing units for people experiencing homelessness (plus one on-site resident manager’s unit) and has a year-round 30-bed temporary shelter for homeless individuals. This project addresses the City’s strategic plan goals by providing permanent housing, temporary shelter, onsite food, showers, laundry, and housing navigation services.
In addition to the Vineyard Resource Center, there are year-round homeless shelters in Livermore that are available to domestic violence survivors and homeless families. Each of the shelters provides case management, life skills training, mental health assistance and connections to other services.
Goodness Village, a 28-unit affordable tiny home village located in Livermore (https://gvlivermore.org).
Goodness Village is a permanent supportive housing community for chronically homeless individuals. They have 24-hour on-site supportive services for the residents of the village.
Despite these efforts, the demand for shelter beds and transitional housing options exceed availability.
The City also has the Multi-Service Center (3311 Pacific Avenue, Livermore) that is home to multiple non- profits that help with coordinated entry, housing navigation and homeless prevention, and medical care. It is a central point for people experiencing homelessness to receive health and social services in one central location.
Every three months, the City hosts a Homeless Roundtable meeting, which gathers the local non-profits that support homeless service in our area to strength the coordination between services providers.
The City is dedicated to continuing to find ways to expand services and shelter options for those in need.
Describe the strengths and gaps of the service delivery system for special needs population and persons experiencing homelessness, including, but not limited to, the services listed above
Despite the wide network of social services offered in the community, including people experiencing homelessness or special needs, the supply of services has not kept pace with the growing demand.
The City’s strength lies in its collaborative efforts with our non-profit providers. The City supports our partners with funding, office space at the Multi-Service Center, and coordination efforts. An example of a local non-profit is CityServe of the Tri-Valley (https://cityservecares.org). They are on the front-line responders for crisis management and care coordination for people experiencing homelessness. With City of Livermore
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decreased federal funding each year, greater demands are placed on the City to find additional funding to support existing services in the area . Thus, the City’s ability to expand social services I order to keep pace with the demand for services is limited.
During community outreach, stakeholders and participants identified long waiting lists for affordable housing, subsidized childcare and after school care, and access to care for people with mental, behavioral and specialty physical health needs as areas of need in the community.
An example is the increasing need for housing for our lowest income residents. With a low vacancy rate and increasing rents, landlords are quickly becoming less willing to rent to a person that has previous challenges maintaining their housing. Even though Livermore has access to many programs, including supportive housing vouchers and rental assistance programs, it is still difficult to find a landlord that will rent to a person utilizing these programs.
In addition, special needs populations face greater obstacles to economic well-being than the general population. Special needs populations often require supportive services and/or special housing accommodations to stay independently housed. As described in the County’s housing needs analysis, people with disabilities receiving Supplemental Security Income (SSI) benefits are the lowest-income households in the Consortium area, and there is not a single housing market area in the United States (Alameda County included) where a person with a disability receiving SSI benefits can afford to rent a studio apartment. The number of subsidized housing units countywide is inadequate to meet demand and funding for special needs housing has been insufficient to meet the growing need.
Provide a summary of the strategy for overcoming gaps in the institutional structure and service delivery system for carrying out a strategy to address priority needs
The strategy for overcoming gaps in the institutional structure and service delivery system for addressing priority needs in Livermore is centered around a strategic, collaborative, and community centered approach.
To address existing gaps, the City’s strategy includes a focus on sustainable programs that integrate into a larger system of care, ensuring that services are not just temporary but are designed for long-term impact. A key element of this approach is increasing the capacity of existing partners and leveraging regional resources, such as the EveryOne Home initiative, to safeguard that the services provided are comprehensive and aligned with broader countywide efforts to combat homelessness.
Additionally, the City is committed to ensuring that its service delivery system is inclusive and provides access to all residents, especially those who are most vulnerable. Key strategies include improving the coordination of services, expanding outreach and engagement, and enhancing communication about available resources.
The City’s ongoing collaboration with regional partners, such as the Alameda County Continuum of Care, will help address gaps in shelter capacity and increase access to permanent supportive housing options.
Furthermore, Livermore is focused on developing programs that are flexible and adaptable, capable of City of Livermore
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responding to evolving community needs and the potential challenges posed by future funding fluctuations.
By working in tandem with community partners and continually evaluating the effectiveness of its programs, Livermore aims to overcome current gaps in its institutional structure and service delivery system. The goal is to create a more integrated, efficient, and sustainable system of care that can effectively address homelessness and other priority needs for the City’s residents City of Livermore
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SP-45 Goals - 91.415, 91.215(a)(4)
Goals Summary Information
Sort
Order
Goal Name Start
Year
End
Year
Category Geographic
Area
Needs
Addressed
Funding Goal Outcome
Indicator
1 Affordable
Housing and
Rental
Assistance
2025 2029 Affordable
Housing
City-Wide Housing CDBG:
$500,000
Tenant-based
rental assistance
/ Rapid
Rehousing:
75 Households
Assisted
2 Minor
Housing
Rehabilitati
on Program
2025 2029 Affordable
Housing
City-wide Housing CDBG:
$100,000
Homeowner
Housing
Rehabilitated:
10 Households
Assiste
d
3 Support
Core Public
Services
2025 2029 Homeless
Non-
Homeless
Special Needs
Non-Housing
Community
Development
City-wide Community
Development
CDBG:
$297,680
Public service
activities other
than
Low/Moderate
Income Housing
Benefit:
1,250 Persons
Assisted
4 Improving
Public
Infrastructu
re and
Facilities
2025 2029 Non-Housing
Community
Development
City-wide Community
Development
CDBG:
$835,963
Public Facility or
Infrastructure
Activities other
than
Low/Moderate
Income Housing
Benefit:
100 Person
Assisted
3 Other
Table 17 – Goals Summary
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Goal Descriptions
1 Goal Name Affordable Housing and Rental Assistance
Goal
Description
Provide housing navigation services for affordable housing and rental assistance to low-to-moderate income individuals and families.
2 Goal Name Minor Housing Rehabilitation Program
Goal
Description
Promote the preservation of single-family homes through rehabilitation or minor home repair.
3 Goal Name Support Core Public Services
Goal
Description
Support public service programs for low-income community members, preserving safety-net services for families and individuals who are vulnerable. 4 Goal Name Improving Public Infrastructure and 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. Make annual principal and interest repayments on HUD Section 108 Loans.
Estimate the number of extremely low-income, low-income, and moderate-income families to whom the jurisdiction will provide affordable housing as defined by HOME 91.315(b)(2)
The City anticipates adding 300 affordable rental housing units throughout the FY 2025-2029 Consolidated Plan period through five projects currently under various stages of development. In addition to creating new housing units for seniors and families, these projects will include units for people who are exiting homelessness and require supportive services to remain housed.
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SP-65 Lead-based Paint Hazards - 91.415, 91.215(i)
Actions to address LBP hazards and increase access to housing without LBP hazards
Alameda County Healthy Homes Department (ACHHD) leads the efforts in lead poisoning prevention, with particular emphasis on the health of vulnerable populations such as children and seniors. The City remains committed to understanding and addressing lead hazards in compliance with HUD regulations, particularly in Housing constructed before 1979. Any incidences of lead paint for low-income residents that come to the City's attention are referred to the Alameda County Healthy Homes program.
How are the actions listed above related to the extent of lead poisoning and hazards?
The actions listed by the City, in collaboration with ACHHD and other partners, directly address the risks and prevalence of lead-based paint hazards and lead poisoning in older homes. These efforts, including lead hazard remediation, outreach, and regulatory enforcement, align with the extent of lead poisoning by mitigating exposure risk and addressing cases where lead hazards are present.
How are the actions listed above integrated into housing policies and procedures?
HUD 24 CFR Part 35 Title X Section 1012 & 1013 lists requirements by activity. All housing programs have incorporated these requirements and are in compliance with Rehabilitation (Subpart J), and Tenant Based Rental Assistance (Subpart M). These activities and requirements are addressed in the City’s Housing Rehabilitation Program Guidelines. Visual inspection for deteriorated paint is a part of the HQS inspections that are performed annually.
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SP-70 Anti-Poverty Strategy - 91.415, 91.215(j)
Jurisdiction Goals, Programs and Policies for reducing 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. The Multi-Service Center, a one-stop center that houses offices for seven non-profit agencies that serve low- income individuals from throughout Livermore and the Tri-Valley. The City of Livermore will continue to provide G eneral F und dollars to subsidize the operation and ongoing maintenance of the building and will continue to subsidize rents for non-profit agencies occupying the building.
In addition to 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. Utilizing fees paid by local development, the City established two additional local funds to leverage federal CDBG and HOME funding to support and expand assistance for low-income residents. The Social Opportunity Endowment (SOE) Program establishes a long-term, stable funding source for public service programs. The City can utilize allocations from the Human Service Facility Fee to fund the acquisition, rehabilitation and renovation of buildings that support human services in Livermore.
The City of Livermore participates 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.
How is the Jurisdiction poverty reducing goals, programs, and policies coordinated with this affordable housing plan
The City of Livermore has demonstrated a strong commitment to the development and funding of a comprehensive Housing and Human Services Program ensuring that housing and social services have met the needs of low-income households and have been provided fairly and equitably. The City continues to work proactively to implement its housing goals, policies, and programs which include addressing and mitigating potential obstacles, both market and governmental, to affordable housing. To achieve this goal, the City will continue partnerships with other Tri-Valley cities, government agencies and non- profits in order to continue to produce and maintain housing that is affordable for all household types and income groups.
The Ci
ty has been able to expand affordable rental units and offer first-time homebuyer opportunities for Livermore residents through its Inclusionary Zoning Ordinance which requires requiring a percentage of all units in a residential development be set aside as affordable. Additionally, the Ordinance has a “must build” requirement that affordable units be constructed on-site or the developer pay an In-Lieu fee.
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Livermore continues to provide funding and support to agencies that provide services to residents of the City who are experiencing homelessness and those who are at risk of becoming homeless.
The City funds rental assistance programs that are aimed at diverting people and families away from entering a homeless shelter. Each program provides a rental subsidy coupled with case management to those who are at risk of experiencing homelessness and/or a survivor of domestic violence.
The City also provides funding support to the local homeless shelter and the local domestic violence shelter. Livermore has also contracted with non-profit providers to create teams that engage with people experiencing homelessness to help them obtain the services and build the skills that will help them to obtain the goal of acquiring housing.
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SP-80 Monitoring - 91.230
Describe the standards and procedures that the jurisdiction will use to monitor activities carried out in furtherance of the plan and will use to ensure long-term compliance with requirements of the programs involved, including minority business outreach and the comprehensive planning requirements
The City has established comprehensive procedures for CDBG funded activities to ensure ongoing compliance with program regulations. The City executes an agreement with each agency that is awarded Community Development Block Grant as well as other awarded grants through the Housing and Human Service Grant Program. Quarterly invoices and reports are required as part of the grant agreement. The quarterly reports are compiled, detailing metrics to monitor the program’s progress. It is the policy of the City to do a high-level assessment of all agencies that receive these grants for compliance.
Every two years, the City will perform an on-site monitoring visit of the agencies receiving grant funding.
Monitoring procedures and forms are included in the City’s Housing and Human Services Grant Policy and Procedures Manual. Staff utilize a compliance monitoring c hecklist for each project to ensure the agencies meet all local and federal requirements and appropriate records are maintained. A monitoring visit would involve a review of contract performance, program effectiveness, and compliance with national objectives and financial management that would include use of program income. Any questions raised by the monitoring visit are pursued until resolved. The goal of the City’s monitoring process is to identify and address deficiencies early to improve the subrecipients performance before it becomes a concern.
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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 from HUD as an entitlement city. The City anticipates receiving an estimated annual CDBG allocation of $396,908 during the FY 2025-2029 based on FY 2025-2026 annual allocation award. These funds are eligible to be used toward program administration, capital projects, public services projects, and other projects that benefit low-and moderate-income residents. The City also anticipates receiving an estimated annual HOME Investment Partnerships Program (HOME) allocation of $123,602 through the Alameda County HOME Consortium during FY 2025-2029.
Anticipated Resources
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
$396,908
0 0
$396,908
$1,733,645
The City anticipates receiving
approximately $396,908 of CDBG
allocation annually during the five-year
Consolidated Plan. The City also has
approximately $146,013 of prior-year
resources it anticipates allocating over
the five-year period.
Table 18 - Expected Resources – Priority Table
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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. Local funding sources include: Housing In-lieu (In-lieu) funds that are allocated solely for housing projects and/or programs; Human Service Facility Fees that are exclusively allocated to capital projects supporting human services activities serving very-low and low-income persons; and General Funds and Social Opportunity Endowment (SOE) funds that are allocated to public service programs assisting very-low and low-income persons. HOME Investment Partnership funds are earmarked for projects that provide tenant-based rental assistance to domestic violence survivors and people experiencing or who are at risk of becoming homeless. The allocation of HOME funds is offered through the Alameda County HOME Consortium, of which the City of Livermore is a member.
City General funds are used for specific projects such as the operation of the Multi-Service Center, 2-1-1, and homeless services. The City of Livermore will continue identifying one-time funding opportunities, such as funds received from the State of California’s Homeless Emergency Aid Program (HEAP) to pilot short-term strategies that address the needs of community members experiencing homelessness.
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 which are 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.
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Annual Goals and Objectives
AP-20 Annual Goals and Objectives - 91.420, 91.220(c)(3)&(e) Goals Summary Information
Sort
Order
Goal Name Start
Year
End
Year
Category Geographic
Area
Needs Addressed Funding Goal Outcome Indicator
1 Affordable
Housing and
Rental
Assistance
2025 2029 Affordable Housing City-Wide Housing CDBG:
$99,769
Tenant-based rental assistance/
Rapid Rehousing:
15 Households Assisted
3 Support Core
Public
Services
2025 2029 Homeless Non-
Homeless
Special Needs
Non-Housing
Community
Development
City-wide Community
Development
CDBG:
$59,536
Public service activities other than
Low/Moderate Income Housing
Benefit:
160 Persons Assisted
4 Improving
Public
Infrastructure
and Facilities
2025 2029 Non-Housing
Community
Development
City-wide Community
Development
CDBG:
$158,221
Public Facility or Infrastructure
Activities other than Low/Moderate
Income Housing Benefit:
3 Other
Table 19 – Goals Summary
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Goal Descriptions
1 Goal Name Affordable Housing and Rental Assistance
Goal
Description
Provide housing navigation services for affordable housing and rental assistance to low-to-moderate income individuals and families.
2 Goal Name Support Core Public Services
Goal
Description
Support public service programs for low-income community members, preserving safety-net services for families and individuals who are vulnerable. 3 Goal Name Improving Public Infrastructure and 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. Make annual principal and interest repayments on HUD Section 108 Loans.
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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 2025-2029 Consolidated Plan. The projects described in this section are funded with FY 2025-26 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, SOE and In-Lieu Housing Funds are not included in this project list.
# Project Name
1 Abode-Tenant Based Rental Assistance (TBRA) Case Management 2 Tri-Valley Haven for Women- Tenant Based Rental Assistance (TBRA) Case Management 3 Section 108 Loan Repayment- Axis Medical Clinic
4 Section 108 Loan Repayment - Hagemann Farm
5 Section 108 Loan Repayment - Emergency Shelter Rebuild 6 Spectrum Community Services - Meals on Wheels
7 Administration: Support and Expand Community Services Table 20 – Project Information
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, SOE 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.
The main obstacles to addressing underserved needs are:
1. The ongoing and downward trend in funding availability from a variety of sources.
2. Lack of accessible public information regarding existing social services.
3. Lack of affordable housing compared to the growing demand.
4. Lack of linguistically accessible services.
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AP-38 Project Summary
Project Summary Information
Table 21 – Project Summary Information
1 Project Name Abode-Tenant Based Rental Assistance (TBRA) Case Management Target Area City-wide
Goals Supported Affordable Housing and Rental Assistance Needs Addressed Affordable Housing
Funding CDBG: $62,981
Description Assist people experiencing homelessness with case management and tenant based rental assistance for housing to promote self-sufficiency.
Target Date 6/30/2026
Estimate the number and type
of families that will benefit
from the proposed activities
It is estimated that 5 people experiencing homelessness will benefit from the proposed activities.
Location Description Citywide
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Planned Activities Provide case management to people experiencing homelessness that are receiving rental subsidies. 2 Project Name Tri-Valley Haven- Tenant Based Rental Assistance (TBRA) Case Management Target Area City-wide
Goals Supported Affordable Housing and Rental Assistance Needs Addressed Affordable Housing
Funding CDBG: $36,788
Description Assist clients of domestic violence and people experiencing homelessness with case management and tenant based rental assistance for housing to promote self-sufficiency.
Target Date 6/30/2026
Estimate the number and type
of families that will benefit
from the proposed activities
It is estimated that 10 Livermore domestic violence survivors and people experiencing homelessness will benefit from the proposed activities.
Location Description Citywide
Planned Activities Provide case management to domestic violence survivors and people experiencing homelessness that are receiving rental subsidies.
3 Project Name Section 108 Loan Repayment-Axis Medical Clinic Target Area City-wide
Goals Supported Improve Public Infrastructure and Facilities Needs Addressed Healthcare Services
Improve Public Infrastructure and Facilities
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Funding CDBG: $26,775
Description Funds will be used to pay principal and interest installments on loan used to develop the Axis Community Health Center in Pleasanton, CA.
Target Date 6/30/2026
Estimate the number and type
of families that will benefit
from the proposed activities
n/a
Location Description 5925 W Las Positas Blvd, Pleasanton, CA 94588 Planned Activities Planned repayment of Section 108 loan principal and interest. 4 Project Name Section 108 Loan Repayment - Hagemann Farm Target Area City-wide
Goals Supported Improve Public Infrastructure and Facilities Needs Addressed Improve Public Infrastructure and Facilities Funding CDBG: $71,446
Description Funds will be used to pay principal and interest installments on loan used to acquire Hagemann Farm.
Target Date 6/30/2026
Estimate the number and type
of families that will benefit
from the proposed activities
n/a
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Location Description 455 Olivina Ave, Livermore, CA 94551 Planned Activities Planned repayment of Section 108 loan principal and interest. 5 Project Name Section 108 Loan Repayment- Emergency Shelter Rebuild Target Area City-wide
Goals Supported Improve Public Infrastructure and Facilities Needs Addressed Improve Public Infrastructure and Facilities Funding CDBG: $60,000
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 6/30/2026
Estimate the number and type
of families that will benefit
from the proposed activities
n/a
Location Description Confidential Location
Planned Activities Planned repayment of Section 108 loan principal and interest. 6 Project Name Spectrum Community Services - Meals on Wheels Target Area Citywide
Goals Supported Support Core Public Services
Needs Addressed Service Provision, Awareness, and Navigation Funding CDBG: $59,536
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.
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Target Date 6/30/2026
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. 7 Project Name Administration: Support and Expand Community Services Target Area City-wide
Goals Supported Affordable Housing and Rental Assistance Support Core Public Services
Improve Public Infrastructure and Facilities
Needs Addressed Affordable Housing
Homeless Services
Supportive Housing
Service Provision, Awareness, and Navigation
Improve Public Infrastructure and Facilities
Funding CDBG: $79,382
Description Administration of CDBG program to support and expand community services.
Target Date 6/30/2026
Estimate the number and type
of families that will benefit
from the proposed activities
n/a
Location Description Citywide
Planned Activities Administration of CDBG program to support and expand community services.
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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
Target Area Percentage of Funds
City-wide 100
Table 22 - Geographic Distribution
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 this region of the Tri-Valley area, 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 services needed 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 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, 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.
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AP-85 Other Actions - 91.420, 91.220(k)
Introduction
This section describes actions that the City of Livermore plans to undertake in FY 2025-2026 and during the 5 - Year Consolidated Plan period 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 in order 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 requires new residential development to provide very low-, low-, median- and moderate-income affordable housing units through the Inclusionary Housing Ordinance. Several new residential development projects located within the City’s Isabel Neighborhood Plan area have negotiated agreements that will provide over 450 affordable rental and for-sale units.
The City also funds nonprofit 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, large families, domestic violence survivors, seniors, and people experiencing homelessness. 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 affordable housing projects that have been previously entitled and are in the construction and financing stages of development that will provide a total of 270 affordable units to a range of target populations, including large families, people experiencing homelessness, and seniors.
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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. The Multi-Service Center, a one-stop center that houses offices for seven non-profit agencies that serve low-income individuals from throughout Livermore and the Tri-Valley. The City of Livermore will continue to provide General Fund dollars to subsidize the operation and ongoing maintenance of the building and will continue to subsidize rents for non- profit agencies occupying the building.
In addition to 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. Utilizing fees paid by local development, the City established two additional local funds to leverage federal CDBG and HOME funding to support and expand assistance for low-income residents. The Social Opportunity Endowment (SOE) Program establishes a long-term, stable funding source for public service programs. The City can utilize allocations from the Human Service Facility Fee to fund the acquisition, rehabilitation and renovation of buildings that support human services in Livermore.
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, and providing funding recommendations to Livermore City Council.
In the upcoming program year, the City of Livermore will continue to partner with the City’s collaborative and active ecosystem of community-based organizations to deliver social, educational, and recreational services. The City will also continue to work with its partners and County agencies to address gaps in the institutional delivery structure and improve service accessibility for East County community members. Examples of planned actions include working with neighboring jurisdictions to build capacity for current service providers, helping County agencies better understand local service needs, and identifying ways to partner with faith communities on streamlining resources and support for local service providers.
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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.
City of Livermore
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DRAFT
Program Specific Requirements
AP-90 Program Specific Requirements - 91.420, 91.220(l)(1,2,4) Introduction
We do not anticipate receiving any program income from projects 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 i nclude this Annual Action Plan. 95.00 City of Livermore
FY 2025-2029 Consolidated Plan and FY 2025-26 Action Plan 73 EXHIBIT A
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CITIZEN PARTICIPATION PLAN
City of Livermore
Community Development Department
Housing and Human Services Division
1052 South Livermore Avenue
Livermore, CA 94550
May 202
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IZEN PARTICIPATION PLAN
2 TABL
E OF CONTENTS
1.0 Introduction ............................................................................................................. 3
2.0 Objective ................................................................................................................. 3
3.0 Public Notice ........................................................................................................... 3
4.0 Public Access to Information ................................................................................. 4
5.0 Public Meetings and Hearings ................................................................................ 5
6.0 Plan Development ................................................................................................... 6
6.1 The Five-Year Consolidated Plan .................................................................. 6
6.2 The Annual Action Plan ................................................................................. 8
6.3 Substantial Amendments to the Five-Year Consolidated Plan and the Annual Action Plans ............................................................... 10
6.4 The Consolidated Annual Performance and Evaluation Report ................... 11
6.5 Section 108 Guaranteed Loans .................................................................. 12
6.6 Citizen Participation Plan Amendments ....................................................... 13
7.0 Expedited Citizen Participation During a State of Emergency or Disaster ................. 14
8.0 Complaint Procedures ........................................................................................... 15
9.0 Anti-Displacement Policy ...................................................................................... 15
10.0 Administrative Updates ......................................................................................... 15
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3 1.0 INTRODUCTION
Regulated by the U.S. Department of Housing and Community Development (HUD), as an Entitlement City for the Community Development Block Grant (CDGG) program, the City of Livermore (City) is required by law to have a detailed Citizen Participation Plan that describes the City’s policies and procedures for public involvement in the development of the Five-Year Consolidated Plan, Annual Action Plans, Substantial Amendments to these plans, as well as the Citizen Participation Plan (CPP), Section 108 Guaranteed Loans (Section 108 Loan), and review of the Consolidated Annual Performance and Evaluation Report (CAPER). The projects described in the Consolidated and Annual Action Plans use CDBG, HOME Investment Partnership Program (HOME), and other local funds. The CPP is a tool to encourage residents to become involved in the development of the plans and documents that outline the housing and community development needs, goals, objectives and activities.
2.0 OBJECTIVE
T
he law states that the primary purpose of the programs covered by this CPP is to create viable communities by providing decent housing, a suitable living environment and expanding economic opportunities, primarily for very low-, low- and moderate-income people. As per the requirements of 24 CFR 91.105, the CPP shall identify the implementation process for encouraging public participation and reviewing their recommendations to the Five-Year Consolidated Plan, the Annual Action Plans, Substantial Amendment(s) to these plans, Section 108 Loans, the CAPER and the CPP, if any. The objective of the CPP is to involve the public during all stages of the process, and to respond to specific complaints and needs of residents. The City will take all actions necessary to encourage the participation of Livermore community members, including minorities and non-English speaking persons, persons with disabilities, and residents of public and assisted housing, in addition to local and regional institutions. Community members are asked to identify priority needs and funding allocation recommendations.
T
he parties involved in the process include neighborhood and citizen groups, non-profit agencies, community-based organizations, social service agencies, business organizations, and Livermore community members, (referred to as the “public”); the Housing and Human Services Division staff (referred to as “staff”) and the City of Livermore Mayor and Council (referred to as “Council”). All the parties play an integral role in the development of the CPP, the Consolidated Plan, the Annual Action Plans, Section 108 Loans and the CAPER.
3 .0 PUBLIC NOTICE
A
n advance public notice is an invitation to the public to participate in the planning process for the preparation of the Five-Year Consolidated Plan, the Annual Action Plans, Substantial Amendments to the Plans, Section 108 Loans, and the CAPER. Public
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4 notices will provide a summary of the proposed activities, actions, and funding allocations for the Plans and Substantial Amendments to the Plans, including the CPP. The content of notices shall convey a clear understanding of the event being announced.
Public notice for a public hearing or meeting shall be published at least 14 calendar days prior to a scheduled public hearing and will announce the date and location of the public hearing.
M
ethods for distributing a public notice may include:
• Published advertisements in at least one English language newspaper of general circulation serving Livermore residents
• Published advertisement in non-English language newspaper • Posted notices at buildings which provide access to the public, as listed in Section
4.0 • Publication on the City’s website
• Distributing the notice to any person or organization on a contact list maintained by staff. All interested parties may request to be on the contact list • Social media announcements on the official City social media accounts (example:
Facebook or Instagram)
The City may hold additional community meetings before preparing the Five-Year Consolidated Plan. Notice of community meetings will be given in a manner designed to maximize public participation, such as display ads in local newspaper, postings in neighborhoods, e-mail notices, social media posts, announcements to subsidized housing residents and public services participants, and multilingual advertisements.
In the event of an unforeseen and unpreventable event that renders in-person public noticing, outreach and/or gatherings impossible or inadvisable, such as but not limited to a disaster or pandemic, public noticing and outreach will follow all reasonable abovementioned electronic noticing. To the extent possible, this will include publication in a local newspaper, email distribution lists, and publication on the City’s website.
4.0 PUBLIC ACCESS TO INFORMATION
As required by law, the City of Livermore will provide the public reasonable and timely access to information and records relating to the Consolidated Plan, the Annual Action Plans, and Consolidated Annual Performance and Evaluation Report.
C
opies of the documents will be available at:
o Housing & Human Services Division, Community Development Department, City Hall, 1052 South Livermore Avenue, 1st Floor, Livermore, CA 94550 o Multi-Service Center, 3311 Pacific Ave, Livermore, CA 94550 o City’s website: www.livermoreca.gov/hhsgrants
U
pon request, documents will be made available in a format accessible to people with disabilities.
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5 A
lameda County Housing and Community Development (ACHCD) is the lead agency for the consortium of public agencies, which administers HOME funds throughout Alameda County. Information regarding HOME-funded activities in Livermore should be directed to Human Services staff, who may be contacted in person at 1052 South Livermore Avenue, by phone Monday - Friday, 9:00 a.m. to 5:00 p.m. at 925-960-4590 or 925-960-4104 (TDD), or by email at [email protected]. For more information regarding the HOME Consortium's Citizen Participation Plan, including public hearings and opportunities to comment on the proposed use of HOME funds, contact ACHCD at 510- 670-6417.
5 .0 PUBLIC MEETINGS AND HEARINGS
W
hen preparing the City’s Consolidated Plan, the Annual Action Plans and the CAPER, the City will conduct at least two public hearings each year in order to obtain public comment and to provide the public with the City funding allocation determinations.
B
oth public meetings and hearings will be held after a notice has been published in a local newspaper, at least 10 calendar days prior to the date of the scheduled meeting.
An agenda for the meeting shall be posted 72 hours prior to the meeting.
P
ublic hearings will be held during a scheduled City Council meeting at the Civic Center Meeting Hall, City Council Chambers, 1016 South Livermore Avenue, Livermore. The Civic Center Meeting Hall is on a major bus line and has public bicycle, automobile and disabled parking immediately adjacent to the building. Every effort to make public hearings accessible to non-English speakers and people with disabilities will be made.
Every effort will be made to hear the testimony of all who wish to comment at a public hearing; however, in the event that there is not enough time to hear everyone's testimony, the public is encouraged to submit their comments in writing.
I
f notified in advance that a person(s) with disabilities will need assistance to participate in a public hearing concerning CDBG-funded programs, the City will arrange to have an interpreter, reader, or aide available as needed. Accessible seating for persons with disabilities (including those using wheelchairs) is available. Minutes of the meeting are available in enlarged print. Audio of the meetings are available at the City’s website at www.livermoreca.gov/agenda. Please contact the City at 925-960-4590 (Voice), 925-960- 4104 (TDD) at least five (5) business days before the meeting to request any other reasonable accommodations that may be necessary.
T
o maximize public participation, the City will work with organizations, local leaders, and media outlets serving non-English speaking communities. The City will make every effort to create multilingual and culturally relevant outreach materials for public participation processes. If notified at least five (5) business days in advance that non-English speaking residents wish to participate in a public hearing for CDBG-funded programs, the City will
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6 arrange to have an interpreter present. Please contact City at 925-960-4590 (Voice) 925- 960-4104 (TDD). If a significant number of non-English speaking residents are expected to participate at a public hearing, the City will make every effort to accommodate them through the translation of meeting materials, use of bilingual City staff, and/or by hiring a translator for the meeting
T
he City of Livermore encourages people of color, women, and people with disabilities to participate in the planning and implementation of, and to seek CDBG funding from, the City. Pursuant to Title II of the Americans with Disabilities Act (ADA) (Codified at 42 United States Code Section 12101 and 28 Code of Federal Regulations Part 35), and Section 504 of the Rehabilitation Act of 1973, the City of Livermore does not discriminate on the basis of race, color, religion, national origin, ancestry, sex, disability, age or sexual orientation in the provision of any services, programs, or activities. To arrange an accommodation in order to participate in this public meeting, please contact the ADA coordinator at [email protected] or call (925) 960-4170 (voice) or (925) 960-4104 (TDD) at least three (3) business days in advance of the meeting.
A virtual hearing method may be held in lieu of an in-person public meeting and/or hearing. If a virtual meeting or hearing option is used, then real-time responses and accommodation for persons with disabilities and/or with limited English proficiency will be made available to the greatest extent possible. Virtual meetings shall be publicly noticed, and in the event traditional noticing tools are unavailable or will ineffectively reach the public, alternative public noticing efforts must be made and documented. 6 .0 PLAN DEVELOPMENT
6 .1 The Five-Year Consolidated Plan (“Consolidated Plan”) 6 .1.1 GENERAL INFORMATION: The Five-Year Consolidated Plan is a comprehensive document, providing a detailed description of the housing and community development needs in Livermore, prioritizes the needs, and then develops a strategy with goals and activities for addressing the needs. 6 .1.2 THE PROCESS:
1. S
chedule: Every five years, the Livermore Housing and Human Services Division will prepare a calendar containing a schedule for the preparation of the Consolidated Plan. The schedule shall contain tentative dates for the preparation of the Plan along with the dates for community meetings, public notices, public hearings, comment period start and end dates, as well as when the proposed and final plans are expected to be available to the public. As soon as feasible after the start of the process, the City will make related data and supplemental information available to the public.
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7 2. Community Meeting: Community meetings will be held at various locations convenient to the public. The City will utilize outreach methods that will encourage participation from as many community members as possible. Examples include sending out notices to individuals and organizations on a contact list of interested parties, posting notices at neighborhood centers and other locations accessible to the public, and advertising in the newspaper. The objective of these meetings is to explain the purpose and process of the Consolidated Plan, share HUD-provided data, identify the needs in the community and clarify the vision Livermore residents have for the City. The needs will be prioritized and goals, objectives, and activities will be developed and incorporated into the Consolidated Plan.
3. P
ublic Presentation: An informational CDBG Consolidated Plan presentation will be given at a public meeting led by the Community Development Department’s Housing and Human Services Division at either an independently scheduled public meeting or a scheduled meeting of a Board or Commission such as the Human Services Commission, pursuant to public notice.
4. N
otice of Public Comment Period: A summary of the proposed Consolidated Plan shall be displayed to solicit comments over at least a 30-day period. The publication should clearly state the start and end dates of the comment period. The publication shall include a list of locations, as listed in the Section 4.0 of this plan, where copies of the Plan will be available for public review. The public notice will include a summary of the Plan’s contents and activities that are being proposed.
Copies of the Plan will be made available upon request. Copies will also be made available in a format accessible to persons with disabilities, upon request.
5. Notice of Public Hearing: The notice of public hearing will include information about the date, time, and location of the public hearing and will follow steps in Section
3.0 of this plan. The public hearing notice shall be sent to a contact list of interested parties and attendees of the community meetings retained and updated by staff.
6. Public Hearing: The public hearing will be held as described in Section 5.0 of this plan. All comments submitted by the public, either in writing or orally at public hearings and during the comment period, shall be documented and taken into consideration. A summary of the comments or views both accepted and not accepted, and reasons for not accepting any comments, shall be attached to the final approved Consolidated Plan.
7. Submission: The final approved plan will be submitted to HUD through IDIS by May 15, every five years, or another date consistent with an appropriate HUD Executive Order. If requested by the HOME Consortium, a copy will also be submitted to the County of Alameda. Copies of the Consolidated Plan will be made available to the public at locations listed in Section 4.0.
The final Plan will also be made available on the City’s website at www.livermoreca.gov/hhsgrants.
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8 8. Expedited Public Noticing and Comment: In the event of an unforeseen and unpreventable event that requires timely action, the City, upon HUD direction, may reduce the public notice and comment period.
6 .2 The Annual Action Plan
6 .2.1 GENERAL INFORMATION: The Annual Action Plan will implement the objectives, goals and strategies formulated in the Five-Year Consolidated Plan. The Annual Action Plan shall outline the amount and source of funding available, the activities for each objective, and the measurable targeted goal for each of these activities for the year.
6 .2.2 THE PROCESS:
1. S
chedule: In late fall of every year, the Livermore Housing and Human Services Division will prepare a calendar containing a schedule for the preparation of the Annual Action Plan for that year. The schedule shall contain tentative dates for the preparation of the Annual Action Plan, along with the dates for publication of public notices, public hearings, comment start and end period, and when the proposed and final plans are expected to be available to the public. The schedule can be found on the City’s website at www.livermoreca.gov/hhsgrants.
2. C
ommunity Needs Identification: Prior to releasing the Notice of Funding Availability/Request for Proposal, the City will do outreach for community needs.
The outreach could include meetings (either in person or virtual), surveys, or public engagement at community events. Current grantees, impacted community members, community-based organizations, and local agencies will be contacted to solicit their input on the prior grant cycle program outcomes, priority needs of the community, and proposed uses for the anticipated CDBG, HOME and/or other local funding for the upcoming grant cycle. Information gathered from the outreach will be used to assist in the assessment of the needs for the upcoming grant cycle.
The City will prioritize the needs and submit grant priority recommendations for the Human Services Commission to adopt and include as a part of the Notice of Funding Availability/Request for Proposal described in section 3 below.
3. N
otice of Funding Availability/Request for Proposal (NOFA/RFP): In years where the Annual Action Plan represents the start of a new two-year grant funding cycle, the Housing and Human Services Division shall issue a Notice of Funding Available/Request for Proposals (NOFA/RFP) for the anticipated CDBG, HOME and/or other local funding available for the Housing and Human Services Grants.
The NOFA/RFP will be published and circulated at least 30-days prior to the deadline set for accepting proposals. The NOFA/RFP shall be sent to a contact list of interested parties retained and updated by staff. Human Services Commission and City staff will evaluate the proposals and provide funding recommendations to
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9 the City Council regarding agencies with whom the City could contract with to meet the objectives in the Consolidated Plan.
4. T
echnical Assistance: City staff will provide technical assistance to individuals and organizational representatives of very low-, low- and moderate- income people who are interested in submitting a proposal to obtain funding for an activity. The assistance would include providing guidance, informational sources, and training.
The City will not write proposals for an applicant.
5. Notice of Public Comment Period: A summary of the proposed Annual Action Plan shall be displayed to solicit comments over at least a 30-day period. The publication should clearly state the start and end dates of the comment period.
The publication shall include a list of locations, as listed in the Section 4.0, where copies of the Plan will be available for public review. The public notice shall include a brief summary of the Plan’s contents and activities that are being proposed. Copies of the Plan will be made available upon request. Copies will also be made available in a format accessible to persons with disabilities, upon request.
6. N
otice of Public Hearing: The notice of public hearing will include information about the date, time, and location of the public hearing and will follow steps in Section
3.0 of this plan. The public hearing notice shall be sent to a contact list of interested parties and attendees of the community meetings retained and updated by staff.
7. P
ublic Hearing: The public hearing will be held as described in Section 5.0 of this plan. All comments submitted by the public, either in writing or orally at public hearings and during the comment period, shall be documented and taken into consideration. A summary of the comments or views both accepted and not accepted, and reasons for not accepting any comments, shall be attached to the final approved Annual Action Plan.
8. Submission: The final approved plan will be submitted to HUD through IDIS annually by May 15, or another date consistent with an appropriate HUD Executive Order. If requested by the HOME Consortium, a copy will also be submitted to the County of Alameda. Copies of the Annual Action Plan will be made available to the public at locations listed in Section 4.0. The final Plan will also be made available on the City’s website at www.livermoreca.gov/hhsgrants.
9. E
xpedited Public Noticing and Comment: In the event of an unforeseen and unpreventable event that requires timely action, the City, upon HUD direction, may reduce the public notice and comment period.
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10 6.3 Substantial Amendments to the Five-Year Consolidated Plan and the Annual Action Plans
6 .3.1 GENERAL INFORMATION: Throughout the term of the Five-Year Consolidated Plan and the Annual Action Planning periods, these documents may be amended to add or delete action items or objectives. These documents must be amended through the Citizen Participation process if any changes meet the definition of “Substantial Change”.
Substantial Change for the Consolidated Plan is defined as:
• The deletion or addition of an objective, program or project, or any changes to the Priority Needs Summary Table.
S
ubstantial Change for the Annual Action Plan is defined as:
• Addition of a new project or activity not described in the Annual Action Plan.
• Elimination of an existing activity described in the Annual Action Plan. • Change in the funding amount for an activity that is $25,000 or more, or greater than 25% of the activity’s total funded amount, whichever higher. • Change in the purpose or scope of a project or activity to the extent that it would be considered a new activity.
• Change in the location of an activity.
• Change that is 50% or greater variation in the number of beneficiaries served for an activity.
These Substantial Amendments are subject to the citizen participation process in accordance with this CPP. The Substantial Amendment(s) must be available to the public for comment, through a process described below. 6 .3.2 THE PROCESS
1. N
otice of Public Comment Period: Presentation of the Substantial Amendment(s) made to either the Five-Year Consolidated Plan or the Annual Action Plans require advance notice to the public. A public comment period of not less than 30 days will be provided prior to implementing any Substantial Amendment(s). A summary of the Substantial Amendment(s) will be published as described in Section 3.0 within the public comment period. The publication should clearly state the start and end date for the comment period. The publication shall also include a list of locations, as stated in Section 4.0, where a list of the Substantial Amendments will be available to the public for comment. Free copies will be made available to the public upon request. Copies will also be made available in a format accessible to people with disabilities, upon request.
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11 2. Notice of Public Hearing: The notice of public hearing will include information about the date, time, and location of the public hearing and will follow steps in Section
3.0 of this plan. The public hearing notice shall be sent to a contact list of interested parties and attendees of the community meetings retained and updated by staff.
3. P
ublic Hearing: The public hearing will be held as described in Section 5.0 of this plan. All comments submitted by the public, either in writing or orally at public hearings and during the comment period, shall be documented and taken into consideration. A summary of the comments or views both accepted and not accepted, and reasons for not accepting any comments, shall be attached to the final approved Substantial Amendment(s).
4. Submission: The final approved Substantial Amendment(s) will be submitted to HUD through IDIS. If requested by the HOME Consortium, a copy will also be submitted to the County of Alameda. Copies of the Substantial Amendments(s) will be made available to the public at locations listed in Section 4.0. The final Substantial Amendment(s) will also be made available on the City’s website at www.livermoreca.gov/hhsgrants.
5. E
xpedited Public Noticing and Comment: In the event of an unforeseen and unpreventable event that requires timely action, the City, upon HUD direction, may reduce the public notice and comment period.
6 .4 The Consolidated Annual Performance and Evaluation Report (CAPER)
6.4.1 GENERAL INFORMATION: Every year, the City must send HUD a Consolidated Annual Performance and Evaluation Report (CAPER) within 90 days of the close of the program year. The CAPER outlines how funds were used and the extent to which these funds were utilized for activities benefiting very low-, low- and moderate- income groups. The CAPER also provides a narrative on progress towards meeting the goals set forth in the Five-Year Consolidated Plan and the Annual Action Plan, comparing actual accomplishments to planned actions, and assessing the City’s overall performance.
6.4.2 THE PROCESS:
1. N
otice of Public Comment Period: A summary of the CAPER will be displayed to solicit comments over at least a 15-day period. The publication should clearly state the start and end date of the comment period. The publication shall include a list of locations, as listed in the Section 4.0, where copies of the CAPER will be available for public review. The public notice shall include a brief summary of the Plan’s contents and activities that are being proposed. Copies of the Plan will be made available upon request. Copies will also be made available in a format accessible to people with disabilities, upon request.
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12 2. No
tice of Public Hearing: The notice of public hearing will include information about the date, time, and location of the public hearing and will follow steps in Section 3.0 of this plan. The public hearing notice shall be sent to a contact list of interested parties and attendees of the community meetings retained and updated by staff.
3. Public Hearing: A public hearing to review the proposed CAPER will be held on a date announced in the notice published in the newspaper as well as on the City’s website. Section 5.0 describes the public hearing requirements. All comments received will be taken into consideration. The final approved CAPER shall include a summary of public comments.
4. S
ubmission: The final approved CAPER will be submitted in IDIS annually by September 30. If requested by the HOME Consortium, a copy will also be submitted to the County of Alameda. Copies of the CAPER will be made available to the public at locations listed in Section 4.0. The final CAPER will also be made available on the City’s website at www.livermoreca.gov/hhsgrants.
5. Performance Reporting Deadline Extensions: It may be necessary to delay the submittal of the CAPER in the event of an unforeseen and unpreventable event.
Under the authority of section 24 CFR 91.520(a), the City is required to submit the CAPER to HUD within 90 days after the close of the City’s program year on June
30. Under the authority of section 24 CFR 91.600, HUD has the authority to extend this deadline if there is a determination of good cause. 6 .5 Section 108 Guaranteed Loans
6 .5.1 GENERAL INFORMATION: The Section 108 Guaranteed Loan Program provides entitlement recipients with the ability to leverage their annual CDBG grant allocation to access low cost, flexible financing for economic development, housing, public facilities, and infrastructure projects.
6 .5.2 THE PROCESS
1. I
f the City is proposing to apply for a new Section 108 Guaranteed Loan in a program year, the following will be included in the Annual Action Plan:
• T
he amount of guaranteed loan funds expected to be made available for the coming year, including program income anticipated to be generated by the activities carried out with guaranteed loan funds;
• The range of activities that may be undertaken with guaranteed loan funds; • The estimated amount of guaranteed loan funds (including program income) proposed to be used for activities that will benefit low- and moderate- income persons; and
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13 • The proposed activities likely to result in displacement and the public entity's plans, consistent with the policies developed under § 570.606 for minimizing displacement of persons as a result of its proposed activities.
2. N
otice of Public Comment Period: A proposed loan application for a new Section 108 Guaranteed Loan will be drafted and will be displayed to solicit comments over at least a 30-day period. The publication should clearly state the start and end date of the comment period. The publication shall include a list of locations, as listed in the Section 4.0, where copies of the proposed loan application will be available for public review. The public notice shall include a brief summary of the Section 108 loan project that is being proposed. Copies of the proposed loan application will be made available upon request. Copies will also be made available in a format accessible to people with disabilities, upon request.
3. N
otice of Public Hearing: The notice of public hearing will include information about the date, time, and location of the public hearing and will follow steps in Section
3.0 of this plan. The public hearing notice shall be sent to a contact list of interested parties and attendees of the community meetings retained and updated by staff.
4. P
ublic Hearing: The public hearing will be held as described in Section 5.0 of this plan. All comments submitted by the public, either in writing or orally at public hearings and during the comment period, shall be documented and taken into consideration.
5. Submission: The final approved loan application will be submitted to HUD.
6. E
xpedited Public Noticing and Comment: In the event of an unforeseen and unpreventable event that requires timely action, the City, upon HUD direction, may reduce the public notice and comment period.
6.6 Citizen Participation Plan Amendments
6 .6.1 GENERAL INFORMATION: The CPP adoption and the amendment process for the CPP are the same. HUD regulations require that the City provide reasonable opportunity to the public to comment and present their views on the original CPP and Substantial Amendments to it. These Substantial Amendments may be made through the Citizen Participation process, meeting the definition of “Substantial Change”.
Substantial Change for the Citizen Participation Plan is defined as:
A change in the participation process stated in the CPP for the Consolidated and Annual Action Plans, any substantial amendments to the plans, the Section 108 Guaranteed Loans, and the CAPER.
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14 6
.6.2 THE PROCESS
1. P
ublic Notice: A CPP Substantial Amendment(s) requires a public hearing including advance public hearing notification. This notice will be published as described in Section 3.0. The notice shall contain information about the purpose of the CPP and the pending CPP substantial amendment. The notice shall indicate that the CPP Substantial Amendment is available for review and comment for a period of at least 15 days, clearly stating the start and end dates for the comment period. The publication shall also include a list of locations, as stated in Section 4.0, where the CPP amendments will be available to the public for review. Copies will be made available to the public upon request. Copies will also be made available in a format accessible to people with disabilities, upon request.
2. Notice of Public Hearing: The notice of public hearing will include information about the date, time, and location of the public hearing and will follow steps in Section 3.0 of this plan. The public hearing notice shall be sent to a contact list of interested parties and attendees of the community meetings retained and updated by staff.
3. Public Hearing: A public hearing to consider the amendments will be held on a date announced in the public notice. See Section 5.0 on public hearing requirements.
Copies of the amended CPP will be made available to the public on the City’s website as well as at locations listed in Section 4.0.
4. Copies of the CPP will be made available to the public at locations listed in Section
4.0. The most current version of the CPP will also be made available on the City’s website at www.livermoreca.gov/hhsgrants.
7 .0 EXPEDITED CITIZEN PARTICIPATION DURING A STATE OF
EMERGENCY OR DISASTER
The City of Livermore shall comply with all U.S. Department of Housing and Urban Development (HUD) memorandums and notices that transmit citizen participation requirements in the event of a local, state, or national emergency or disaster. In order to secure and access new HUD funding and/or re-allocate existing HUD funding to allow the City to respond to the state of emergency in the most expeditious manner, such HUD memorandums and notices automatically supersede any conflicting provisions of the Citizen Participation Plan, and therefore no formal amendment is required when such emergency memorandums and notices are in effect.
EXHIBIT B
382
CI
TIZEN PARTICIPATION PLAN
15 8.0 COMPLAINT PROCEDURES
T
he City provides written response to written complaints and grievances from citizens, within 15 business days where practicable. However, citizens having complaints regarding a specific City-funded agency or organization are encouraged to direct their complaints to the Board of Directors of that agency and to send a copy of the complaint to the City. City program staff will review subgrantees' responsiveness to such complaints as part of its regular monitoring process and respond if, and as, appropriate. 9 .0 ANTI-DISPLACEMENT POLICY
In the event that any residential displacement and relocation must take place in order to carry out a project or activity, the City will ensure that an anti-displacement and relocation plan is developed in connection with that project, as applicable per federal regulations.
The relocation plan will be available to the public at the locations described in Section 4.0.
The Five-Year Consolidated Plan and Annual Action Plan activities shall minimize the extent to which very low-, low- and moderate-income people will be displaced as a result of any proposed project.
I
n the event that any acquisition and relocation must take place in order to carry out a project or activity, the City will also comply with the acquisition and relocation requirements of the U.S. Uniform Relocation Assistance and Real Property Acquisition Policies Act, as amended.
1 0.0 ADMINISTRATIVE UPDATES
C
hanges to any of the HUD documents identified in this Citizen Participation Plan that do not meet the criteria for substantial amendments do not require citizen participation and are defined as administrative updates. Examples of administrative updates include grammatical or structural edits that do not substantially change the scope or meaning of an activity and/or changes in the coding or eligibility determination of a project that do not change the scope, location, or beneficiaries. Administrative updates may happen at any time at the City of Livermore’s staff’s discretion.
EXHIBIT B
383
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 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 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, or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure 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 grants, 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.
Date Signature of Authorized Official
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Title
"11307&%"450'03.
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EXHIBIT C
384
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:
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.
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). 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 andmoderate income in a manner that ensures that at least 70 percent of the amount is expended foractivities that benefit such persons during the designated period. 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.
EXHIBIT C
385
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.
Date Signature of Authorized Official
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Title
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EXHIBIT C
386
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
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EXHIBIT C
387
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 C
388
Form HUD 424-B (1/27/2023)
Applicant and Recipient
Assurances and Certifications
U.S. Department of Housing
and Urban Development
OMB Number: 2510-0017
Expiration Date: 1/31/2026
Instructions for the HUD 424-B Assurances and Certifications As part of your application for HUD funding, you, as the official authorized to sign on behalf of your organization or as an individual, must provide the following assurances and certifications. The Responsible Civil Rights Official has specified this form for use for purposes of general compliance with 24 CFR §§ 1.5, 3.115, 8.50, and 146.25, as applicable. The Responsible Civil Rights Official may require specific civil rights assurances to be furnished consistent with those authorities and will specify the form on which such assurances must be made. A failure to furnish or comply with the civil rights assurances contained in this form may result in the procedures to effect compliance at 24 CFR §§ 1.8, 3.115, 8.57, or 146.39.
By submitting this form, you are stating that all assertions made in this form are true, accurate, and correct.
As the duly representative of the applicant, I certify that the applicant: [Insert below the Name and title of the Authorized Representative, name of Organization and the date of
signature]:
*Authorized Representative Name:
*Title:
*Applicant/Recipient Organization:
1. Has the legal authority to apply for Federal assistance, has the institutional, managerial and financial capability (including funds to pay the non-Federal share of program costs) to plan, manage and complete the program as
described in the application and the governing body has duly authorized the submission of the application, including these assurances and certifications, and authorized me as the official representative of the application to act in connection with the application and to provide any additional information as may be required.
2. Will administer the grant in compliance with Title VI of the Civil Rights Act of 1964 (42 U.S.C 2000(d)) and
implementing regulations (24 CFR part 1), which provide that no person in the United States shall, on the grounds of race, color or national origin, be excluded from participation in, be denied the benefits of, or otherwise be subject to
discrimination under any program or activity that receives Federal financial assistance OR if the applicant is a
Federally recognized Indian tribe or its tribally designated housing entity, is subject to the Indian Civil Rights Act (25 U.S.C. 1301-1303).
3. Will administer the grant in compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), as
amended, and implementing regulations at 24 CFR part 8, the American Disabilities Act (42 U.S.C. §§ 12101 et.seq.), and implementing regulations at 28 CFR part 35 or 36, as applicable, and the Age Discrimination Act of 1975 (42
U.S.C. 6101-07) as amended, and implementing regulations at 24 CFR part 146 which together provide that no person in the United States shall, on the grounds of disability or age, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any
program or activity that receives Federal financial
assistance; except if the grant program authorizes or limits participation to designated populations, then the applicant will comply with the nondiscrimination requirements within the designated population.
4. Will comply with the Fair Housing Act (42 U.S.C. 3601- 19), as amended, and the implementing regulations at 24 CFR part 100, which prohibit discrimination in housing on the basis of race, color, religion sex (including gender identity and sexual orientation), disability, familial status, or national origin and will affirmatively further fair housing; except an applicant which is an Indian tribe or its instrumentality which is excluded by statute from coverage does not make this certification; and further except if the grant program
authorizes or limits participation to designated populations, then the applicant will comply with the nondiscrimination requirements within the designated population.
5. Will comply with all applicable Federal nondiscrimination requirements, including those listed at 24 CFR §§ 5.105(a) and 5.106 as applicable.
6. 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) and implementing regulations at 49 CFR part 24 and, as applicable, Section 104(d) of the Housing and Community Development Act of 1974 (42 U.S.C. 5304(d))
and implementing regulations at 24 CFR part 42, subpart A.
7. Will comply with the environmental requirements of the National Environmental Policy Act (42 U.S.C. 4321 et.seq.) and related Federal authorities prior to the commitment or expenditure of funds for property.
8. That no Federal appropriated funds have been paid, or will be paid, by or on behalf of the applicant, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, and officer or employee of Congress, or an employee of a Member of
Congress, in connection with the awarding of this Federal grant or its extension, renewal, amendment or modification.
If funds other than Federal appropriated funds have or will be paid for influencing or attempting to influence the persons listed above, I shall complete and submit Standard Form- LLL, Disclosure Form to Report Lobbying. I certify that I shall require all subawards at all tiers (including sub-grants and contracts) to similarly certify and disclose accordingly.
Federally recognized Indian Tribes and tribally designated housing entities (TDHEs) established by Federally-
recognized Indian tribes as a result of the exercise of the tribe’s sovereign power are excluded from coverage by the Byrd Amendment, but State-recognized Indian tribes and
TDHs established under State law are not excluded from the statute’s coverage.
I/We, the undersigned, certify under penalty of perjury that the information provided above is true and correct.
WARNING: Anyone who knowingly submits a false claim
or makes a false statement is subject to criminal and/or civil penalties, including confinement for up to 5 years, fines, and civil and administrative penalties. (18 U.S.C. §§287, 1001, 1010, 1012, 1014; 31 U.S.C. §3729, 3802).
* Signature:
* Date: (mm/dd/yyyy):
Marianna A. Burch
City Manager
City of Livermore
EXHIBIT C
389
Form HUD 424-B (1/27/2023)
Public Reporting Burden Statement: The public reporting burden for this collection of information is estimated to average 0.5 hours per response, including the time for reviewing instructions, searching existing data sources, gathering, and maintaining the data needed, and completing and reviewing the collection of information. Comments regarding the accuracy of this burden estimate and any suggestions for reducing this burden can be sent to: U.S. Department of Housing and Urban Development, Office of the Chief Data Officer, R, 451 7th St SW, Room 4176, Washington, DC 20410-5000. Do not send completed HUD-424B forms to this address. This agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection displays a valid OMB control number. The Department of Housing and Urban Development is authorized to collect this information under the authority cited in the Notice of Funding Opportunity for this grant program. The information collected provides assurances and certifications for legal requirements related to the administration of this grant program. HUD will use this information to ensure compliance of its grantees. This information is required to obtain the benefit sought in the grant program.
This information will not be held confidential and may be made available to the public in accordance with the Freedom of Information Act (5 U.S.C. §552).
EXHIBIT C
390
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
06/23/2025
B-25-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
925-960-4590
[email protected]