Agenda packet — Livermore City Council, May 11, 2026 (part 5 of 6)

EXHIBIT B

INSURANCE REQUIREMENTS
Minimum Scope and Limits of Insurance
Grantee shall maintain limits no less than:

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 noncontributory and will not seek contribution from the City’s insurance or selfinsurance 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 noncontributory 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: 69747E56-6CC2-8A1A-81EE-3229BF1C6A99

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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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EXHIBIT E
846
Project and Program Grant Agreement Page 1
Rev. 10/2023

AGREEMENT BETWEEN CITY OF LIVERMORE
AND

LIVERMORE VALLEY OPERA
FOR FISCAL YEAR 2026-27

PROJECT AND PROGRAM GRANT AGREEMENT
This AGREEMENT, entered into this ____ day of _____________________, 2026, between the City of Livermore, a municipal corporation (“City”), and Livermore Valley Opera, a California non-profit Corporation (“Grantee”).

RECITALS
A. City created Project and Program Grants for the purpose of encouraging programs for the cultural enrichment in the City of Livermore.

B. The 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. The 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 Arts’ funding recommendations evidenced by City’s signature on this agreement.

D. Grantee has applied to City for funding for a project or program to hold an opera education and community engagement program (“Project”).

E. City wishes to engage Grantee to assist City in utilizing Public Art Fee fund 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.

AGREEMENT
NOW 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. SCOPE OF SERVICE
A. Activities
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: F866F0EA-D63E-8715-8296-B08226F9F1B1

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Cultural Arts Master Plan, and herein. The Project will include the following activities eligible under the Project and Program Grant Program: Opera: Reduction performance for elementary schoolsm master cases for middle & high schools, master class for community college, senior resident & library performances.

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: To enrich our community by producing world class operas and fostering the careers of professional opera singers. Livermore Valley Opera encourages a wider appreciation of opera and associated arts through community outreach and educational programs for youth in schools. (“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, funds 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: F866F0EA-D63E-8715-8296-B08226F9F1B1

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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: Livermore Valley Opera
Attn: Pamela Rigg

V. GENERAL CONDITIONS
A. General Compliance
Grantee agrees to comply with the requirements of state and local 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 Docusign Envelope ID: F866F0EA-D63E-8715-8296-B08226F9F1B1

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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 Activities funded by this Agreement.

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Rev. 10/2023

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: F866F0EA-D63E-8715-8296-B08226F9F1B1

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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.

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 royaltyfree, 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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EXHIBIT F
853
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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. 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 counterparts 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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EXHIBIT F
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IN WITNESS THEREOF, the Parties have executed this Agreement as of the date first written above.

Livermore Valley Opera
501(c)3 Non-Profit Corporation
“Grantee”
By:___________________________ Dated:____________________________ Pamela Rigg
Education and Community Engagement Program 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
Attachments:

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:

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:

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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.

7. Certificate Holder section of the insurance certificate should read: City of Livermore, 1052 S. Livermore Avenue, Livermore, CA 94550.

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EXHIBIT F
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Project and Program Grant Agreement Page 1
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AGREEMENT BETWEEN CITY OF LIVERMORE
AND

SHAKESPEARE ASSOCIATES, INC DBA SPARC THEATER
FOR FISCAL YEAR 2025-26 AND 2026-27

PROJECT AND PROGRAM GRANT AGREEMENT
This AGREEMENT, entered into this ____ day of _____________________, 2026, between the City of Livermore, a municipal corporation (“City”), and SPARC Theater, a California non-profit Corporation (“Grantee”).

RECITALS
A. City created Project and Program Grants for the purpose of encouraging programs for the cultural enrichment in the City of Livermore.

D. Grantee 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. City wishes to engage Grantee to assist City in utilizing Public Art Fee fund money to provide art projects and programs to Livermore residents.

AGREEMENT
NOW 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. SCOPE OF SERVICE
A. Activities
Grantee is responsible for administering the Project and Program Grant in a manner satisfactory to City, and consistent with the standards, terms and conditions Docusign Envelope ID: F230FBE8-2FCA-8A1A-807C-41E7518384C5

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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.

2. Service Objective: The Tragedy of Hamlet, Prince of Denmark at Darcie Kent Vineyards (“Activities”).

B. Budget

Substandard performance as determined by City will constitute non-compliance with this Agreement.

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: Allen McFarland, Commission for the Arts Staff Liaison 1052 S. Livermore Avenue
Livermore, California 94550
Grantee: Shakespeare's Associates DBA SPARC Theater
Attn: Lisa A. Tromovitch

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.

D. Insurance
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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.

G. Suspension, Termination, Return of Funds

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.

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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.

Written notice of termination must be provided at least thirty (30) calendar days before the effective date of such termination.

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.

VI. ADMINISTRATIVE REQUIREMENTS
A. Documentation and Recordkeeping

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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.

B. Reporting and Payment Procedures

3. Quarterly Revenue and Expense Reports: Grantee shall submit Quarterly Revenue and Expense Reports for grant activities to the Community Development Director.

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 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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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.

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.

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.

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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.

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.

Shakespeare’s Associates, Inc. DBA SPARC Theater
501(c)3 Non-Profit Corporation
“Grantee”
By:___________________________ Dated:____________________________ Lisa A. Tromovitch
President and Executive/Artistic Director

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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Applicant Name:

APPLICATION CHECKLIST - This Checklist is required and must be submitted as part of the completed Application. All Project & Program Grant applicants are required to submit the following:

One original set of the Application, collated in the following order:
 1. Application Checklist (this page).
 2. Start date: Do(es) the event(s) related to this project begin at least two (2) months after the application deadline?
 3. Organizational Summary, signed by the organization’s executive director, managing director, president, board chair, or other authorized officer of the organization, or by the applying artist.
 4. If you are an organization, submit a list of current officers and Board members with their term of office.
 5. If you are a 501(c)(3), submit a copy of your 501(c)(3) determination letter from IRS.  6. Application Form, beginning on page 1, continuing through the Project Budget Summary.
 7. Notes to the Project Budget, and a detailed list of In-Kind contributions.  8. List of key project individuals, including principal artists and project managers, with a very brief job description (e.g., a self-explanatory job title) for each.  9. Resumes/biographies of key project individuals, generally one page each.  10. Up to four items in any combination of brochures, catalogues, performance programs, or similar organizational publications/materials; if available.  11. Up to four recent press reviews or articles, or similar independently generated published materials, if available. (Note: Calendar listings are not suitable.)  12. NOTE: During the review process you may be requested to submit samples of other work you have produced (work samples). See Chapter 3 – Grants for more information about work samples.

Standards for Preparing Applications
Please read the following carefully. Applicants are responsible for completing and submitting a full application package with all required attachments by the deadline. Incomplete applications will not be accepted for Commission evaluation.

1. Applicants must not modify the format of the application form or exceed the maximum length of any section of the form, except where otherwise noted.

2. All required attachments (except pre-printed ones) must be typed or computer-prepared in a type size that is no smaller than 12 pt. Times/Times New Roman, or 10 pt. Arial/Helvetica.

3. Complete all pages of the application form and all required attachments. (Use “N.A.” if a section does not apply to your organization.) Provide information that is current as of the application deadline. Budget pages and budget notes must be complete.

Shakespeare's Associates, Inc. dba SPARC Theater

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SPARC THEATER - Organizational Summary 2025 Page | 1
SPARC crew transforming an empty stage into the set for TWELFTH NIGHT, summer 2024, Darcie Kent Winery

ORGANIZATIONAL SUMMARY
SPARC is not only a theater — we are an arena of thoughtful conversation, rejuvenation and camaraderie.

SPARC fosters community by bringing people together to enjoy professional theater and immerse themselves in transformative education. Inspired by William Shakespeare’s imagination, we support a spectrum of diverse theatrical and cultural events and educational experiences, both our own and through collaborations with other groups.

Centered in Livermore, Alameda County, we are a bridge between the technological focus of the San Francisco Bay Area and the agricultural focus of the Central Valley.

SPARC has built four core programs and services over the past twenty years:

MAINSTAGE PRODUCTIONS
SPARC creates art and community in summer seasons performed outdoors in local vineyards, with professional productions of plays by both Shakespeare and contemporary authors in our flagship program "Shakespeare in the Vineyard." Approximately 2000 patrons from the greater San Francisco Bay Area and Central Valley will join us this season in our 200-seat venue at Darcie Kent Vineyards.

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Livermore second-graders as characters from A MIDSUMMER’S NIGHT DREAM.

YOUTH EDUCATION
Offering both imaginative after-school/summer camps for elementary and middle school students, and classroom residencies using A MIDSUMMER NIGHT'S DREAM to teach literacy and theater skills to second-graders, SPARC’S Education programs explore the power of imagination and creativity with our youngest citizens. Students learn self-confidence and creative collaboration skills leading to stronger outcomes in and out of school.

SOCIAL JUSTICE: NEW PLAYS
Science@Play is SPARC’s five-year Social Justice Initiative commissioning thought-provoking scripts on a journey of exploration and discovery, written by playwrights of color, centering scientists of color. We connect writers with local scientific and academic communities for research. Three new scripts have been presented in Festivals of staged readings including other contemporary plays on scientific themes such as Climate Change and Artificial Intelligence. We have commissioned the fourth script, PM 10 by Mildred Inez Lewis, for 2025.

COMMUNITY RESOURCES: NEW VENUE
After many years of partnering with neighboring arts and civic engagement organizations, SPARC has launched a city-wide movement to build a new theater building in downtown Livermore. The land has been purchased and the capital campaign is underway for a shared, mid-sized venue allowing us to enlarge our year-round programming and extend our education programs. We have established a Cultural Core of a dozen organizations, diverse in the race/ethnicity of the leaders, cultures represented, and art forms, to program and curate events in the new building.

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CURRENT ACTIVITIES
In 2025, we are excited to present four dramatic readings in our Studio, including two holidaythemed performances and two as part of our innovative Science@Play series. Additionally, we are delighted to extend these readings to the Front Row Theater in San Ramon, thereby broadening our audience reach. This year, we eagerly anticipate our production of Shakespeare's comedy, Sir John Falstaff and the Merry Wives of Windsor opening in July at Darcie Kent Vineyards in Livermore.

Reflecting on 2024, our Summer Shakespeare flagship program celebrated a landmark season.

Under the adept direction of Executive/Artistic Director Lisa A Tromovitch, Twelfth Night was a stellar addition to our repertoire, resonating deeply with audiences and critics alike, gaining notice in the San Francisco Chronicle and the Marin Independent Journal.

PRODUCTION HISTORY
SHAKESPEARE IN THE VINEYARD HISTORY (partial)
2025 - Darcie Kent Vineyards
Sir John Falstaff & the Merry Wives of Windsor by William Shakespeare directed by Lisa A. Tromovitch 2024 - Darcie Kent Vineyards
Twelfth Night by William Shakespeare directed by Lisa A. Tromovitch 2023 - Darcie Kent Vineyards
Silent Sky by Lauren Gunderson directed by Jennifer Le Blanc Much Ado About Nothing by William Shakespeare directed by Lisa A. Tromovitch 2022 - Darcie Kent Vineyards
The 39 Steps by Patrick Barlow directed by Cassidy Brown The Comedy of Errors by William Shakespeare directed by Domenique Lozano Life is a Cabernet - Pirate Edition, conceived by Jennifer Le Blanc and Lindsey Schmeltzer 2021 - Darcie Kent Vineyards
When COVID protocols lifted in time for gatherings but too late to mount a full production, we created an interactive cabaret (with bingo!) called Life is a Cabernet for a much-delayed debut at our new venue. 2019 – Wente Vineyards
The Complete Works of William Shakespeare (abridged)[revised] by Adam Long, Daniel Singer & Jess Winfield directed by Mary Ann Rodgers
Othello by William Shakespeare directed by Michael Wayne Rice. 2018 – Wente Vineyards
The Winter’s Tale by William Shakespeare directed by Lisa A. Tromovitch The Importance of Being Earnest by Oscar Wilde directed by Domenique Lozano 2017 -Wente Vineyards
Cyrano de Bergerac adapted and directed by Lisa A. Tromovitch A Midsummer Night’s Dream by William Shakespeare

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2016 – Wente Vineyards
The Tempest by William Shakespeare
Persuasion adapted by Jennifer Le Blanc from the novel by Jane Austen 2015 – Wente Vineyards
As You Like It by William Shakespeare
Sense & Sensibility adapted by Jon Jory from the novel by Jane Austen 2014 - Concannon Vineyard
Much Ado About Nothing by William Shakespeare
Pride & Prejudice adapted by Christina Calvit from the novel by Jane Austen 2013 – Concannon Vineyard
The Liar by David Ives
The Taming of the Shrew by William Shakespeare
2012 – Concannon Vineyard
Hamlet by William Shakespeare
The Merry Wives of Windsor by William Shakespeare
Executive/Artistic Director Lisa A. Tromovitch leads the company with a small staff and many seasonal artists. In the fiscal year ending September 30 2024, SPARC changed to accrual accounting. In our FY25 Budget, we project expenses of $620,114.

We have added a lot of new faces here at SPARC this past year. Our newest staff members are Emma Ledesma (Production Stage Manager) and Maria Frangos (Interim Business Administrator) who both joined us at the start of 2025. Felicity Cowlin (Director of Development) and Stephanie Prentice (Engagement Officer) both joined us in 2024.

Others include Associate Artistic Director Michael
Wayne Rice who leads the Science@Play program, and
grant writer Leslie Martinson.

Associate Artists Michael Wayne Rice, Jennifer Le Blanc, Mary Ann Rodgers, Gregg Le Blanc, Malcolm Rodgers,
Grant Huberty, Jonathan Singer, Gary Armagnac, Matt
Ballin and Karen Riley provide artistic resources and a sounding board.

SIGNED
___________________________________________
Lisa Tromovitch, Executive/Artistic Director

PERSONNEL & FINANCE
Li-Leng Au, Elena Wright (Actors Equity) and
Laura Domingo in TWELFTH NIGHT, 2024

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SPARC Theater Board of Directors 2026
Executive Committee:

Valerie Jonas, Chair (Joined 2024)
Chief Development Office, Retired, AXIS Community Health Elizabeth E. Trutner, Esq., Vice-Chair (Joined 2006, past Chair) Retired, Dimiris Law Firm
Gabriel Bryan Balazs, Treasurer (Joined 2018, immediate past Chair) Retired, Lawrence Livermore National Laboratory
Patricia Keer Munro, Secretary (Member 2006-2019, rejoined 2023) Author, Former Livermore City Council Member, Independent Sociologist Lisa A. Tromovitch, President and Executive/Artistic Director (Founder, 2006) Professor Emerita, University of the Pacific, Department of Art Media Performance & Design
Board Members:

Laura Batti (Joined 2014, past Chair)
Co-Owner/President – Métier Marketing Communications, Inc. (28 years) Tony Baylis (Joined ????)
Lawrence Livermore National Laboratory
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Robert (Bob) Carling (Joined 2025)
Retired, Council Member, City of Livermore
Apryl Chauhan (Joined 2023)
American Sign Language Interpreter, Parent Advocate, and Presenter Steve Lanza (Joined 2020)
Retired, VP Lam Research; Principal, Tri-Valley Advising Mary Sweeney (Joined 2018)
RN Property Owner/Manager since 1995
FROM BYLAWS: Election and Term of Office of Directors.

Directors shall be elected by a majority of the directors then in office, and shall serve for three (3) year terms or until they resign or are removed pursuant to the provisions of Section 6.

Each director may serve for no more than two (2) consecutive three year terms. However, if at the expiration of two (2) consecutive three (3) year terms, it is deemed the skills, knowledge and/or talents of a particular director are important to the success of the organization, the director whose term has expired may serve for additional one year terms subject to the approval of a majority of the directors then serving.
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Application Form - Project & Program Grants
Deadline: Hand delivered or received via US Mail by 5:00 pm on March 1 or September 1 Submission Date:

Amount of Grant Request: $ Total Project Budget: $
Applicant/Organization:

Applicant/Organization’s Address:

Applicant/Organization’s Web site:

Preparer’s Name and Title:

Preparer’s Phone: Preparer’s E-mail:

Address (for formal notification):

Describe the art form of the project or program for which support is requested (i.e., Dance, Theater, Visual Arts, Heritage, Infrastructure, Media/Film/New Media, etc.):

Briefly describe the project or program for which support is requested:

Number of people intended to reach: Audience: Participants:

For the purpose of this application, “audience” means the people who will attend the project or program; “participant” means someone who attends a workshop or class, or else has hands-on involvement in the project or program. If the project or program will have both audiences and participants as defined here, please enter both goals.

Date project or program is scheduled to begin:

Note: Project events may begin no earlier than two (2) months after the application deadline.

Date project or program is scheduled to end:
02/27/2026
10,000 125,675
Shakespeare's Associates, Inc. dba SPARC Theater
NOTE: Physical Address, Do Not Mail
www.SPARCtheater.org
Lisa Tromovitch, Executive/Aristic Director
Theater
SPARC Theater respectfully requests support for our summer Shakespeare in the Vineyard program, presenting a professional production of The Tragedy of Hamlet, Prince of Denmark at Darcie Kent Vineyards with performances from July 2 to to July 26, 2026. 1900 150
05/27/2026
07/26/2026

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Application Form - Project & Program Grants
If needed, please use additional paper for this section.

State/describe your organization’s mission or provide an artist’s statement. Include the kind of arts work the organization or artist has done previously and does now. How does this work relate to the proposed project/program? If yours is not an arts organization, state briefly how the arts relate to its mission. (250 words or less)

1. SPARC Theater fosters community through professional theater and transformative arts education.

Founded in 2006 and based in Livermore, we serve as a cultural bridge between the technological energy of the Bay Area and the agricultural heritage of the Central Valley.

Our flagship Shakespeare in the Vineyard season presents both contemporary and classical plays in outdoor vineyard settings, pairing artistic excellence with Livermore’s distinctive landscape. Beyond performance, SPARC provides year-round educational programming. We offer summer and after-school camps that build self-confidence and collaborative skills, and we deliver ten-week literacy residencies for every second-grade class in Livermore at no cost to the School District.

Through our Science@Play Initiative, we commission new works by authors of color that center scientists of color, expanding whose stories are told on our stages. We are preparing our fourth staged reading festival and our first full production of a commissioned script.

Across all programs, SPARC creates space for meaningful artistic experiences that connect residents, students, and visitors to one another and to the cultural life of Livermore.

Describe the project or program for which you are seeking the grant. Discuss the project’s origins. Describe the venue/location, the implementation process, and the timeframe.

Discuss the resources — people, money, etc. — you will need to implement the project, whether you already have those resources within your organization or, if not, how you plan to obtain them.

2. This summer marks SPARC’s 36th production of Shakespeare in the Vineyard. After performances at Retzlaff, Concannon, and Wente Wineries, we return for our fifth season at Darcie Kent Vineyards.

For four weeks in July, we will present The Tragedy of Hamlet, Prince of Denmark, performed outdoors under the stars. Rehearsals begin May 27 at our SPARC studio on Railroad Avenue, with opening night July 3 at Darcie Kent Vineyards, 7000 Tesla Road.

Production expenses include scenery, props, costumes, lighting, and maintenance of the outdoor stage structure installed at the vineyard. Marketing costs include mailings, posters, and print, radio, and digital advertising.

Personnel expenses include weekly salaries for eight actors plus crew members; design fees for scenery, costume, and lighting artists; front-of-house staffing; and partial salaries for two permanent staff members.

Primary casting and hiring have been completed, welcoming returning Associate Artists and alumni designers.

As a nonprofit arts organization, SPARC relies on grants, contributions, and earned revenue to close the gap between ticket sales and costs. We currently have additional grant applications pending and will host a fundraising benefit event in April.

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How will the requested grant be used in the planning and implementation of the project or program? (500 words or less.)

3. This grant will support professional artist fees, including a member of Actors’ Equity Association, as well as scenic design by Camryn Lang and costume design by Callie Floor. These investments ensure that Hamlet is produced at a level of artistic excellence consistent with SPARC’s twenty-year track record.

Audience feedback consistently highlights the quality of the performances and the distinctive setting:
“The venue is beautiful. All the actors are fantastic.” “High quality theater in a spectacular setting.”
“My wife and I enjoyed the unique opportunity to enjoy great wine while watching great theater under the stars in the beautiful Livermore Valley.”
Strong production values allow SPARC to attract audiences to vineyard venues, with approximately 55% traveling from outside the Tri-Valley area. Many patrons dine locally before performances, contributing to Livermore’s hospitality economy.

Without this grant and other funding support, SPARC would not be able to fully realize the artistic scope of Hamlet. This production offers audiences the opportunity to engage with Shakespeare’s exploration of loyalty, ambition, grief, and conscience in an environment that reflects Livermore’s character. The result is an evening of theater that encourages reflection and sustained engagement with the arts.

Describe how the program or project specifically addresses one or more of the main strands found in the Cultural Arts Master Plan, artsAlive! (Refer to the Cultural Arts Master Plan Executive Summary in the Public Art Policy Guideline manual.) (250 words or less.)

4. SPARC’s summer season advances multiple strands of the City’s artsAlive! Cultural Arts Master Plan.

In alignment with Strand One, we promote Livermore’s unique sense of place by integrating professional theater with the region’s winegrowing landscape. Over two decades, partnerships with five local wineries have reinforced Livermore’s identity as both an arts and wine destination.

Supporting Strand Two, SPARC sustains the visibility and vitality of cultural arts organizations and artists by employing professional performers and designers and collaborating with local businesses. With 55% of patrons traveling from outside the Tri-Valley area, Shakespeare in the Vineyard expands Livermore’s cultural reach.

In alignment with Strand Three, SPARC provides publicly accessible arts experiences for residents and visitors. We maintain affordable pricing, offer discounts and a Community Night, and present classical works that introduce new audiences to live theater. In 2024, 26% of attendees were first-time patrons. The Darcie Kent venue is wheelchair accessible, and Assistive Listening devices are available.

Through consistent partnerships and responsible stewardship, SPARC contributes to the long-term sustainability outlined in Strand Four.

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List the individual(s) or organization(s) you will be partnering with on this project. Be specific regarding the support, both financial and in-kind, they will be providing.

5. SPARC’s Shakespeare in the Vineyard production is supported through financial and in-kind partnerships.

We have received a $5,000 grant from the Theatre League of Kansas City through the international Shakespeare Theatre Association.

Our Board of Directors, all Livermore residents, provide significant annual financial support, with several members contributing more than $5,000 each year.

Darcie Kent Vineyards serves as venue partner for the fifth season, waiving rental fees and adjusting winery operations during the four-week performance run. In exchange, the winery retains proceeds from wine sales during performances.

The Livermore Chapter of the National Charity League provides volunteer support each evening, assisting with seating setup and strike, ushering, patron guidance, and audience survey collection.

Board Member Laura Batti donates graphic design services for promotional materials, and Associate Artist Grant Huberty donates sound equipment and technical expertise.

Together, these partnerships ensure that Shakespeare in the Vineyard remains artistically ambitious and financially sustainable.

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Application Form - Project & Program Grants
Project/Program Budget Worksheet (enter N/A if item does not apply. Attach Budget Notes if necessary.)
PROJECT SUPPORT (Do not include in-kind support)
Earned Revenue Amount Notes
Ticket Sales/Admissions $
Tuition/Workshop fees $
Other: $
Subtotal: Earned Revenue $
Contributed Income Amount In-hand Pending
Contributions (Individuals/Businesses) $ $ $
Grants (Foundations/Government other than City) $ $ $
City of Livermore (other than this grant request) $ $ $ Other: $ $ $
Subtotal: Contributed Income $ $ $
Project & Program Grant Amount Requested $
Total Project Support (Revenue + Income + Grant) $
PROJECT EXPENSE (Do not include in-kind expense)
Personnel Amount Notes
Artistic $
Production $
Administrative $
Other: (describe in Notes) $
Subtotal: Personnel $
General Amount Notes
Venue Rental $
Materials and Supplies $
Marketing and Promotion $
Transportation $
Insurance $
Other: (describe in Notes) $
Subtotal: General $
Total Project Expenses (Personnel + General) $
Project Surplus (Loss) (Total Support minus Total Expense) $ If Project Net is a negative value, explain in the Budget Notes how it will be covered. 91,200 Projected
0 1,500 Concessions
92,700
9,000
14,000
0 0
23,000
0 5,000
0 0
5,000
0 9,000
0 0
9,000
10,000
125,700
42,102
12,400
18,713
8,910
82,125
Payroll Taxes
0 13,250
26,500
800
0 3,000
43,550
Venue use donated by
Darcie Kent Winery
Truck Rental
Contingency
Costumes, Equipment, Supplies,
Laundry, etc.
125,675
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Matching Funds
All Project and Program Grant applicants must provide at least a dollar-for-dollar (one-to-one) match for the grant award, no less than 50 percent of which must be a cash match. The cash match must be from sources other than the City of Livermore.

In-kind contributions are allowed as part of the match only on the following limited basis:

1. In-kind contributions cannot be used for more than half of the required match, in other words, they cannot represent more than 50 percent of the value of the grant award; and,

2. The value of in-kind contributions, i.e., goods and services, must offset line item expenditures in the project budget and their value must be documentable with invoices or billing statements.

In-kind contributions must be listed below or on a separate sheet attached to the Budget Notes.

Source Description Fair Market
Value
$
$
$
$
$
$
Requested Grant Amount: $______________
Cash Match Amount: $______________
In-kind Match Amount: $______________
STA Grant - Theatre
League Kansas City
Grant Awarded 5,000
Livermore Rotary Grant Applied & Pending 1,000
Sponsorships Individual and Business Sponsors,
still pending
8,000
Fund-A-Need Campaign in July being matched by
CHEF (Community Health and Education
Foundation
9,000
10,000
23,000

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SPARC Theater - Shakespeare in the Vineyard

LIST OF KEY INDIVIDUALS
Lisa A. Tromovitch - Director of The Tragedy of Hamlet, Executive/Artistic Director of SPARC Camryn Lang - Scenic designer
Callie Floor - Costume designer
Grant Huberty - Sound designer
Evan Lola - Lighting designer
PERFORMERS:

Anjoli Aguilar playing Ophelia
Andre Amorotico (Actors’ Equity Association) playing Hamlet Lauren Dunagan playing Gertrude
Sarah Dunnavant playing Hortia
Charlie Lavaroni playing Guildenstern + Others
Nic Moore playing Laertes
Greg Parker playing Polonius/Gravedigger
Rob Seitelman Claudius
Lisa A. Tromovitch, SPARC Founding Artistic Director
Founding Artistic Director Lisa A. Tromovitch has over 50 professional directing credits in six states. She began her career at The Old Globe Theater, assisting directors Jack O’Brien, Tom Moore, and John Houseman. Most recently she directed Twelfth Night, Much Ado About Nothing, The Winter’s Tale, The Tempest, and her own adaptation of Cyrano de Bergerac for SPARC. A professor emerita in Art, Media, Performance and Design at University of the Pacific,
Lisa was recognized with the Stephen E. Corson Award for the Distinguished Teaching of First-Year Students in 2023. Past President, Shakespeare Theatre Association. MFA, Southern Methodist University; BA magna cum laude, Dartmouth College; Phi Beta Kappa.

In alphabetical order:

Anjoli Aguilar is a Monterey Bay actor who loves to play all around the Bay. She received her BA in Theatre from SFSU where she discovered her love for classical text. She now incorporates her love of Aphra Behn, Jane Austen, and Shakespeare into modern adaptations. For example, she recently co-adapted and performed a two person Tempest involving a giant panda puppet! Anjoli is delighted to return to SPARC since her last performance as Hero & Don John in Much Ado About Nothing.

Andre Amorotico* earned his BA in theatre at Stanford University. He is an actor, collective member, and board president at the Tony Award- winning San Francisco Mime Troupe. Credits include Harlan McNeal in McNeal (San Jose Stage Company), Clark in Push/Pull (Central Works), John Wilkes Booth in Assassins (Hillbarn Theatre & Conservatory, San Francisco Bay Area Theatre Critics Circle nomination), Romeo in Romeo and Juliet (Throckmorton Theatre), Tony in Remains to Be Seen (Jewel Theatre), Anthony in Sweeney Todd (6th Street Playhouse), Kenickie in Grease (Mountain Play), Billy Bones in Treasure Island 1 EXHIBIT A
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(San Francisco Mime Troupe), Abraham Lincoln/Smith in An American Ma(u)I (BACCE/Brava), Pecker the Rooster in Panto in the Presidio (Presidio Theatre), Sid in Waiting for Lefty (Stanford Repertory Theater), Andy in Smut (Word for Word Performing Arts Company), various roles in The 39 Steps (Ross Valley Players, TBA Award finalist), and Neighborhood Stories in a piece by Pulitzer Prize-nominated playwright Amy Freed. andreamarotico.com
Lauren Dunagan See resume
Sarah Dunnavant See resume
Callie Floor (Costume Designer) returns after having designed SPARC’s productions of Twelfth Night, Much Ado About Nothing, The Comedy of Errors, Othello, Sense and Sensibility, and Persuasion. Other recent credits include Home for Word for Word, Flying Dutchman for West Bay Opera, and Don Pasquale for Festival Napa Valley. She has a BFA from the University of Utah and a Higher Diploma in Theater Design from the Slade School of Fine Art, University College London.

Grant Huberty (Sound Designer), Associate Artist, is pleased to return for another great Shakespeare in the Vineyard season. In addition to sound design for theaters, schools and church groups, Grant also designed and installed the in-the-round sound system for the festival when it was at Wente Vineyards.

Camryn Lang (Scenic Designer) See resume
Charlie Lavaroni is a bi-coastal actor and teaching artist currently based in NYC. They have proudly worked with: SF Shakespeare Festival, Catalyst Theatre, Big Idea Theatre, HamletIsntDead, Davis Shakespeare Festival, SFBATCO, and Shakespeare & Co. Some of his favorite recent credits include: Nell Gwyn (Charlie and Nell); Hades (Shining); Burgundy/others (King Lear); and Touchstone (As You Like It). They have trained at Shakes and Co's prestigious month-long intensive and are a Resident Artist at HamletIsntDead in NYC. www.charlielavaroni.com
Evan Lola (Lighting Designer) is a lighting designer based in Livermore. He currently designs lights for production at SPARC Theater and I Can Do That! Performing Arts Company. He works at VIP Audio Visual Company where he manages AV operations for hotels and conference centers around the Bay Area.

Nic Moore is excited to be back at SPARC after being in Sir John Falstaff and the Merry Wives of Windsor this past summer. He has also performed at the San Francisco Shakespeare Festival, the Curtain Theatre, 6th Street Playhouse, Theatre Rhinoceros, Alter Theater and New Conservatory Theatre Center. He has trained at Shakespeare & Company in Massachusetts, the American Musical and Dramatic Academy in New York, and the Meisner Technique Studio in San Francisco.

Greg Parker See resume
Rob Seitelman See resume
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Lauren Dunagan

THEATER
Timon of Athens U/S Peter Kuo, A.C.T. Out Tour
The Trials Defendant Three Daniel Larlham, Zellerbach Playhouse Julius Caesar Cassius Rebecca Ennals, A.C.T. Out Tour
Accused! Loveday Kimberly Ridgeway, Central Works Theatre Measure for Measure Mariana/Escalus Rebecca Ennals, A.C.T. Out Tour The Tempest Sebastian Giulio Peronne, Inferno Theatre Co.

Pony Stell Kieran Beccia, Cutting Ball Theater
Circle Mirror Transformation Theresa Ciera Eis, Custom Made Theatre Co Macbeth Banquo Emily Newsome, Berkeley Shakespeare Co.

The Balcony The Judge Michale Hunter, Collected Works
Lysistrata Cally/Speaker Josephine Keefe, Savage Players (LA) The Tinker’s Wedding Sarah Angie Scott, Savage Players (LA) Mythical Playground: India Saraswati Gulu Monteiro, Broad Stage (LA) Mythical Playground: Greece Mneme Gulu Monteiro, Broad Stage (LA) The Psychic Life of Savages Anne Angie Scott, Savage Players (at LATC) Love’s Old Sweet Song Elsa Martin Bedoian, Syzygy Theater Group (LA) Private Lives Sybil Darlene Chaffee, Long Beach Playhouse Over the River and Through… Caitlin The Norris Theater (LA) The Merchant of Venice Portia The New Jewish Theater (St. Louis) Henry V Katharine St. Louis Shakespeare Co.

Medea Aegeus The Orange Girls Co. (St. Louis)

UCLA MFA THEATER
Hamlet Ophelia Dir: Michael McLain
The Clean House Virginia Dir: April Shawhan
The Country Wife Alithea Dir: Paul Wagar
Forgotten World Anne Adyeri Dir: Shirley Jo Finney
Fuddy Meers Claire Dir: Angela Scott
Dead Man’s Cell Phone Jean Dir: Alex Levy
ON-CAMERA: List available upon request

TRAINING
UCLA: MFA Acting Mel Shapiro, Salome Jens, Ellen Geer, April Shawhan Jean-Louis Rodrigue, Paul Wagar, David Bridel
Stanford University: B.A. Drama Amy Freed, Kay Kostopoulos, Christopher Herold Steppenwolf West Shannon Cochran, Alex Billings, Tom Irwin

SPECIAL SKILLS
French language (conversational), Dialects (British RP, Irish, Texas, Am. South, etc), Singing (alto), Training in Movement/Dance (modern, improvisational) and Stage Combat (hand-to-hand, rapier/dagger)

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Sarah Dunnavant
Non-AEA | She, her, hers
Theater
Upcoming: A Christmas Carol Mrs. Cratchit/Mrs. Fezziwig CenterREP Jared Mezzocchi Currently running: Frankenstein Justine Theatre Lunatico Lauri Smith Othello Desdemona New Canon Theatre Co. Lisa Gaye Dixon Life Sucks Ella New Canon Theatre Co. Noah Lucé
The Importance of Being Earnest* Gwendolen 6th St Playhouse Lauren Heney Steel Magnolias Truvy Cinnabar Theatre Miriam Ani
POTUS Jean Left Edge Theatre Beulah Vega
Hamlet Barnardo/Player Queen New Canon Theatre Co. J. Matthew Gordon The Metromaniacs Lisette Spreckels Theatre Company Kevin Bordi Mary Jane
The Merry Wives of Windsor
Brianne/Chaya
Mistress Quickly/John
Left Edge Theatre
Montana Shakespeare in the Parks
Beulah Vega
Marti Lyons
Henry IV Pt. 1 Glendower Montana Shakespeare in the Parks Kevin Asselin The Taming of the Shrew U/S Tranio/Mrs. Mercer,
U/S Lucentio/Miss Twist
Chicago Shakespeare Theater Barbara Gaines
Cyrano de Bergerac Roxane Montana Shakespeare in the Parks Si Osborne The Taming of the Shrew Grumia/Widow Montana Shakespeare in the Parks Kevin Asselin The Merry Wives of Windsor Anne Page Richmond Shakespeare Festival Kristin Clippard *Nomination: Outstanding Supporting Performance, Comedy - 2025 MTJA Norbay Theatre Awards Film
Upcoming: Little Steps Short Film - Supporting Jennifer LeBeau Honey Child Short Film - Lead - Virtual Program @ Tiny Film Fest Long Beach dir. Lizzy May / Julian Pham
Training
● BA English/Theater Minor: Wheaton College
● Monologue Intensive: Berkeley Rep School of Theatre; April-May 2024 (Marvin Greene) ● Advanced Studio Intensive: Guthrie Theater; Oct 2018 (Candace Barrett Birk) ● On-Camera Commercial & Scenework: Acting Studio Chicago; April-June 2016 ● Shakespeare/First Folio Technique: Chicago Shakespeare Theater; Summer 2017 (Larry Yando), Spring 2018 (Robby Lehman), Susan Hart & Jeffrey Carlson (2015-2016)
● Improv for Actors I & II: The Second City, Chicago, IL ● Classical Voice Training: Wheaton College, Wheaton, IL Special Skills: Musical Theater Singing (mezzo-soprano, G3-G5 range); Professional baking, kitchen, and farming experience; Yoga; Driver’s license and passport; Horseback riding; Conversational Spanish; Experience with dialects

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CAMRYN LANG / camrynlang.com

SCENIC DESIGN EXPERIENCE
Scenic Designer
Yoga Play Gary Landis (dir.) Los Altos Stage Company, 2026 Anastasia Amanda Moore (dir.) Heritage High School, 2025 The Addams Family Amanda Moore (dir.) Heritage High School, 2025 Twelfth Night Sara Dean (dir.) Los Altos Stage Company, 2025 Greek Mythology Olympiaganza Kristin Walter (dir.) Los Altos Stage Company, 2025 Noises Off Linda Piccone (dir.) Palo Alto Players, 2025 Vaud Wolfe Bowart (dir.) Arizona Repertory Theatre, 2022 Asst. Scenic Designer
Twelfth Night Apollo Weaver (scenic des.) Utah Shakespeare Festival, 2026 Troilus & Cressida Apollo Weaver (scenic des.) Utah Shakespeare Festival, 2026 As You Like It Apollo Weaver (scenic des.) Utah Shakespeare Festival, 2025 Head Over Heels Apollo Weaver (scenic des.) Arizona Repertory Theatre, 2023 Three Sisters Kensey Coleman (scenic des.) Arizona Repertory Theatre, 2021

OTHER THEATRICAL EXPERIENCE
Carpenter
Full Time Carpenter Brion Jones (shop foreman) CMT San Jose, 2023 – Present Pippin Ted Kraus (TD) Arizona Repertory Theatre, 2019
Julius Caesar Louis Stone-Collonge (TD) Silicon Valley Shakespeare, 2016 The Three Musketeers Louis Stone-Collonge (TD) Silicon Valley Shakespeare, 2016 Props Artisan
Scrooge! Shadow Gilmore (props coord.) Arizona Theatre Company, 2023 2023 Season Ben Hohman (props superv.) Utah Shakespeare Festival, 2023 Romeo and Juliet Aidyn Corkell (props coord.) Arizona Repertory Theatre, 2023 Vaud Wolfe Bowart (dir.) Arizona Repertory Theatre, 2022 Everybody Christina Griffey (props coord.) Arizona Repertory Theatre, 2021 Into the Woods Brenden Rohrbacher (props mast.) Arizona Repertory Theatre, 2021 Pippin Dustin Beilich (props mast.) Arizona Repertory Theatre, 2019 Props Intern
2022 Season Kat Blakeslee (props coord.) Colorado Shakespeare Festival, 2022 Painter
Nightfall James Jones (technical superv.) Old Tucson, 2023 Living Dead in Denmark Kensey Coleman (charge) Arizona Repertory Theatre, 2022 SKILLS
- Design: Drafting. Model making (physical and CAD). Illustration (traditional and digital). - Production: Scenic carpentry. Scenic painting. Foam carving. Basic proficiency in MIG welding. Basic hand and machine sewing. Experience in reading construction drafting and driving a 24’ box truck. - Software: Autocad (Drafting). Sketchup (3D modeling). Adobe Photoshop (Illustration, graphic design, and basic image manipulation).

EDUCATION UNIVERSITY OF ARIZONA 2019 - 2023
- BFA: Theatre Production — Design and Technical Production [Emphasis: Scenic Design] - Minor: Business Administration

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Greg
Parker
Sacramento, California
Theater Acting Credits - Role Production Company Director The Book of Will - John Hemminges Big Idea Theatre Christopher Travlos Jersey Boys - Gyp Decarlo Sierra Repertory Theatre Jerry Lee Sunday in the Park with George - Boatman, Bob G. Sierra Repertory Theatre Scott Viets King Lear - Albany Murphy’s Creek Theatre Robbie Allen
Deathtrap - Porter Milgrim Sacramento Theatre Company Michael Laun The Wizard of Oz - Uncle Henry, Emerald City Guard Sierra Repertory Theatre Jerry Lee Chorus Line - Larry Sierra Repertory Theatre Russell Garrett There is a Happiness that Morning Is - James Dean Colt Productions Patrick Murphy Twelfth Night - Malvolio Sacramento Shakespeare Festival Matt Miller The Three Musketeers, Fantasy Tour - Harpo B Street Theatre John Lamb Damn Yankees - Coach Van Buran Sierra Repertory Theatre Scott Viets South Pacific - Luther Billus Sierra Repertory Theatre Scott Viets The Christmas Foundling - Boston Sierra Repertory Theatre Julie Ludlum The Best Little Whorehouse in Texas - Melvin Thorpe Sierra Repertory Theatre Scott Viets Paint Your Wagon - Mike Mooney Sierra Repertory Theatre Dennis Jones Idiots Delight - Quillery Sierra Repertory Theatre Dennis Jones Cat on a Hot Tin Roof - Preacher Sierra Repertory Theatre Dennis Jones Joseph and the Technicolor Dreamcoat - Simeon Sierra Repertory Theatre Scott Viets School for Wives - Orante Sierra Repertory Theatre Dennis Jones King Lear - Burgandy Sierra Repertory Theatre Dennis Jones Cindy Rella - Papa Rella, Lotsa Rella, & Horses Ass Oregon Cabaret Theatre Jim Giancarlo Sinbad Fantasy Tour - Gilligan B Street Theatre John Lamb I Love You, Your Perfect, Now Change - Man 2 Capital Stage Stephanie Gularte The Who’s Tommy - Captain Walker Western Stage Jon Selover Education
• University of California at Santa Barbara – BFA Performing Arts • Allan Hancock College – AA Dance
• Pacific Conservatory of the Performing Arts – Acting Conservatory Special Skills
• Movement and Dance - Modern, Jazz, and Ballet
• Military Training - Familiar w/military etiquette, marching commands, & American/Soviet arms via 1980’s
• Accent Work: UK – Received Pronunciation, London, West Country, Scouse. Standard Irish and Scottish.

EU – French, German, Italian, and further east Russian.

US – Western, Eastern, and Southern regions.

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Rob Seitelman
Actor/Playwright/Director/Educator
Cell: 415.310.8563 Height: Age Range:

Email: [email protected] Eyes: Hair:

Theatre (Select Credits)
Midsummer ND Puck Bridgette Loriaux Marin Shakespeare
Untitled Fatty Arbuckle Play Eric M Graham Smith Ground Floor (BRT) 9 to 5 Franklin Hart Eric Inman Willows Theatre
Doctor in Spite of Himself Valere Christopher Bayes Berkeley Rep Compleat Wrks of Skhspr Adam Josy Miller Hapgood Theatre The Cocktail Hour John (Shellie Nom) Josy Miller Hapgood Theatre Wizard of Oz Cowardly Lion Jon Tracy Berkeley Playhouse Dear Edwina Cordell Jennifer Bender Rattlestick
The Freedom Toast Performer/Writer Jason Summers Producer’s Club The Talk of the Town Woollcott Dan Wackerman Peccadillo Theatre Marat/Sade Inmate/Soloist Michael Kimmel Access Theatre Saturday Night Ray Carey Perloff ACT MFA
Midsummer ND Bottom Giles Havergal ACT MFA (Zeum)
Christmas Carol Topper Craig Slaight ACT Mainstage
Of Thee I Sing Throttlebottom Peter Maleitzke ACT MFA (Zeum) Imaginary Invalid Argan Dan Chumley ACT MFA
Wind and the Willows Toad Kathleen Keenan Lost Nation Theatre Rosencrantz and Guild. Rosencrantz Theodora Konetsovska Williams College Death and the Maiden Roberto Miranda David Eppel Williams College Training
American Conservatory Theatre MFA Program MFA, Acting
Williams College BA, Theatre Arts
Gaiety School of Acting (Dublin, Ireland) Irish Acting Intensive Teachers: David Eppel, Tina Shepherd, Melissa Smith, Gregory Wallace, Marco Baricelli, Dennis Krausnick, Leslie Felbain (Clown), Robin Phillips, Rene Augesen (audition), Anthony Fusco, Bonita Bradley, Jeff Crockett, Frank Ottiwell, Deb Sussel, Kimberly Mohne-Hill, Jon Rose (Voice), Jeff Biering (Voice), Debra Lambert, Jo Montaelone, George Quick Additional Credits/Directing/Writing/Teaching Resumes Available Upon Request

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CAST
Visitors and temporary residents of Windsor
Sir John Falstaff | Malcolm Rodgers
Pistol & Nim, his men | Nic Moore & Lucy Swinson
Robin, his page | Lucy Swinson
Master Robert Shallow, a justice of the peace | Gwen Loeb* Abraham Slender, his nephew and suitor to Anne | Mary Ann Rodgers Fenton, a gentleman & suitor to Anne | Nic Moore
Townsfolk of Windsor
Mistress Alice Ford | Mary Ann Rodgers
Master Frank Ford | Norman Gee*
Roberta, their house servant | Dorothee Catipon
Mistress Margaret Page | Carolina Morones
Master George Page | Mark Vashro
Anne Page, their daughter | Lucy Swinson
Mistress Quickly | Gwen Loeb*
Dr. Caius | Nic Moore
Proprietress of The Garder Inn | Carolina Morones

APPRENTICES & CREW
Dorothee Catipon (ASM) | EJ Agata (Sound Board Operator) Sheryl Lim (Dresser/Costume Design Assistant)
Lily Engelsgjerd (Dresser) | Juno Bellantoni (FOH Manager)

SPECIAL THANKS
Our Bard Level+ Supporters:

Anonymous | Lori Souza & Bryan Balazs | Beth Trutner & Jim Hartman | Valerie & David Jonas | Patricia & David Munro Volunteers:

National Charity League and too many individuals to list here! Find them on our website.

PRESENTS
WILLIAM SHAKESPEARE’S

ADAPTED & DIRECTED BY EXECUTIVE ARTISTIC DIRECTOR

LISA A TROMOVITCH

RUN TIME
2 hours and 30 minutes
TIME
Post Gold Rush,
post Civil War, late 1860s

SETTING
Windsor, a mythical township,
not unlike Livermore,
near the Rancho Las Positas
land grant, the future
"Livermore Valley."
** Denotes a member of United Scenic Artists, Local USA 829 Become A
SPARC Sustainer
Check Out Our
Summer Camps

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GWEN LOEB* (Quickly/Shallow), was last seen at SPARC in The Importance of Being Earnest (Lady Bracknell) and Pride and Prejudice (Mrs. Bennet), and has performed with Aurora theatre, SF Playhouse, Marin Theatre, Shotgun, and more. Gwen has been a company member with Playground for over 25 years and is a founding member of the Actors Theatre Collective.

NORMAN GEE* (Mr. Ford) returns to SPARC after roles in Much Ado, Cymbeline, and Love’s Labour’s Lost. He is Artistic Director of Oakland Public Theater and works extensively across the Bay Area. Recent project: INVENTORY: James Baldwin Abroad with OPT.

Sir John Falstaff and the Merry Wives of Windsor

ADAPTED & DIRECTED BY LISA A TROMOVITCH
This summer, we invite you to laugh with us under California skies as Shakespeare’s outrageous Sir John Falstaff meets his match in two women with wit to spare. By retitling the play Sir John Falstaff and the Merry Wives of Windsor, we honor both the comedic audacity of Falstaff and the brilliance of the women who so delightfully outmaneuver him.

Setting the play in late 1800s California—around the time Livermore was first blossoming—allows us to tap into a uniquely American moment of possibility. California had just joined the Union, the railroads were advancing, and communities were forming out of a mingling of cultures and dreams. That spirit of new beginnings makes a perfect match for Shakespeare’s story of love, mischief, and clever resistance.

Shakespeare was never precious about time or place—he wrote for his audience, folding in their music, humor, and headlines.

In that tradition, we’ve updated local references and added 19th-century American songs—some unexpectedly familiar— to help bridge eras. The result is a play that feels both freshly Western and deeply Shakespearean.

At its core, this is a celebration of resilience, joy, and friendship.

Through mistaken identities, thwarted suitors, and laundry baskets, love and laughter win the day.

Whether you’re joining us in the vineyard or in the theater, we hope you leave lighter than you arrived—and with a renewed sense of what clever, confident community looks like.

Lisa A Tromovitch

EXECUTIVE ARTISTIC DIRECTOR, SPARC THEATER
CAROLINA MORONES (Mistress Page/Host) is an actor and bilingual teaching artist. She teaches with Studio A.C.T. and Great Lakes Michael Chekhov Consortium. Credits include The Tenth Muse at Oregon Shakespeare Festival, Julius Caesar (A.C.T. OUT tour), Pericles at SF Shakes, and Much Ado Para Nada with Shakespeare in Detroit.

NIC MOORE (Fenton/Caius/Pistol) is thrilled to return to SPARC after playing Romeo in Romance and Juliet last year. Other credits include San Francisco Shakespeare Festival, Curtain Theatre, and New Conservatory Theatre Center. He trained at Shakespeare & Company, AMDA, and The Meisner Technique Studio in San Francisco.

MALCOLM RODGERS (Falstaff) is an Associate Artist with SPARC and longtime scenic designer for Shakespeare in the Vineyard. An Emmy-winning designer and actor, he’s performed across the Bay Area and designed for Netflix, Shotgun Players, and Ross Valley Players.

DIRECTOR’S NOTES BIOS
LUCY SWINSON (Anne/Robin/Nym) is thrilled to make her SPARC debut.

A recent BFA graduate from Chapman University, she’s appeared at SF Playhouse, Berkeley Playhouse, and B8 Theatre, as well as trained and performed with Prague Shakespeare Company. Up next she can be seen in Sunday in the Park with George at Shotgun Players.

MARY ANN RODGERS (Mistress Ford/Slender) is in her sixth season with SPARC. She's performed with Shotgun Players, SF Shakespeare, Central Works, and more. A former teacher of Spanish and Theater, she received her degree from U.C. Santa Barbara and has been a student of theater ever since.

MARK VASHRO (Mr. Page) is an actor and Sundance award-winning producer. SPARC audiences saw him as Benedick in Much Ado (2023).

Recent role: Robert in The Book Club Play (Ross Valley Players).

He’s currently producing BlueLife, a fictional audio
series: bluelifeworld.com.

For Production Team bios and more detailed bios for the performers * Denotes a member of Actors Equity Association, the union of professional actors and stage managers in the United States

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Staged Reading Series
at SPARC Studio
An AI
Playwriting
Experiment
March 13-15
A NEW Play
by Cleavon Smith
March 27-29
The Moon is
Always Full
A Collaboration
by AI & You
Sponsored by

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AFTER-SCHOOL

THEATER PROGRAMS
Shakespeare Adventure Club:

Learn about Shakespeare and workshop scenes!
Grades 3rd-5th
Wednesdays, 2:00 pm-5:00 pm
January 28 - April 1st
WHERE:

For more information, or to sign up:
www.SPARCtheater.org/after-school
Some Have Greatness:

Learn about theater and perform in a play!
Grades 3rd-5th or 6th-8th
All Classes 3:30 pm-5:30 pm
(Elementary) Thursdays, January 29 - April 23
(Middle School) Mondays, January 26 - April 24
Pricing: $524*
*Scholarships and discounts available pending fundraising efforts

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EDUCATION

PROGRAMS

SO WISE SO YOUNG
This Shakespeare literacy program is designed to increase language comprehension and reading skills through fun,
hands-on collaboration, and dynamic drama-based activities In-Classroom Pricing:

Our in-class program is available for just $2,000 per
classroom, accommodating up to 30 students. This price
includes a professional SPARC Teaching Artist for ten
one-hour sessions, all necessary worksheets, craft supplies, books, costume pieces, and supplemental materials for
classroom teachers. This dynamic program qualifies for
funding under Prop 28 AMS!
After-School Pricing:

SPARC now offers a new after-school version of the So Wise So Young program for 2nd and 3rd graders. This engaging program, taught on your campus, includes ten one-hour sessions at $175* per student, with a minimum of 15 students required.
*Please note, this fee is payable by caregivers, not the school.

Shakespeare Adventure Club After-School Pricing:

Conveniently taught on your campus after school, our
Shakespeare Adventure Club consists of ten 75-minute
sessions led by a professional SPARC Teaching Artist. This mix of language activities, interactive history lessons, and theater games is available for the price of $175* per student, with a minimum enrollment of 15 students.
*Please note, this fee is payable by caregivers, not the school.

SHAKESPEARE

ADVENTURE CLUB
To bring SPARC to your school, contact us at:

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EDUCATION

PROGRAMS
To bring SPARC to your school, contact us at:

YOUNG BARDS THEATER
Are your students ready for an adventure on stage? Our exciting Young Bards Theater class is offered in two sections: grades 4th - 5th and 6th - 8th. In this class students dive into the world of acting as we focus on rehearsal and performance of one play culminating in a wonderful 30-minute public performance for family and friends!
Our process-based approach builds confidence and enhances public speaking skills in young actors. Everyone is welcome, and no previous experience is required!
Ready to take center stage? This program includes ten 75-minute sessions at $200* per student, with a minimum of 15 students required. (Maximum number of students is 20)
*Please note, this fee is payable by caregivers, not the school.

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SPARC After-School Program Producing Original Play
The SPARC Theater after-school program, Some Have Greatness, will produce an original play, “Snow White and the Seven Elves,” by Livermore author Amy Pittel.

Students in grades three, four and five will meet at SPARC’s Livermore studio, 2172 Railroad Ave., from 3:30 p.m. to 5:30 p.m. on Thursdays, starting Jan. 29, to learn from professional theater artists.

Students in grades six, seven and eight will meet from 3:30 p.m. to 5:30 p.m. on Mondays, starting Jan. 26.

The sessions will run through the end of April and culminate in a student performance of the play.

Pittel, a longtime volunteer with SPARC Theater, is developmental editor at LesCourt Author Services, according to her LinkedIn profile, and the author of a Young Adult novel, “Like It or Not,” published in 2022 under the pen name Amy G. Dalia.

SPARC Theater also offers a Shakespeare Adventure Club for students in third, fourth and fifth grades that will meet from 2 p.m. to 5 p.m. on Wednesdays, starting Jan. 24.

To register for the SPARC programs, go to sparctheater.org/after-school. The cost is $524 per student.

The Running Man
Hunt him down. Stream the new movie, starring Glen Powell, on Paramount+. Watch now!
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>
2/25/26, 2:38 PM SPARC After-School Program Producing Original Play | Culture | independentnews.com https://www.independentnews.com/culture/sparc-after-school-program-producing-original-play/article_5ccb53a1-72be-47a7-bbfc-b3824cba5591.html 1/1

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The Independent
Docusign Envelope ID: F230FBE8-2FCA-8A1A-807C-41E7518384C5

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Shakespeare and the Merry Wives Delight Again
Left to Right: Carolina Morones, Mary Ann Rodgers
Archana Asthana
The outrageous Sir John Falstaff trying to better his fortunes by wooing two wealthy damsels simultaneously; young lovers seeking to unite; and the usual confusion of mixed identities is at the heart of the play, “Sir John Falstaff and the Merry Wives of Windsor”, the only one by the Bard to be based on middle class, non-aristocratic nobility. Presented by SPARC Theater (Shakespeare and Performing Arts Regional Company), under the California skies in the scenic Darcie Kent Vineyards in Livermore in July, and indoor at the Village Theater in Danville in August, this rollicking comedy is full of riotous humor and follies.

July 17, 2025
Full Cast & Crew of Sir John Falstaff and the Merry Wives of Windsor 2/25/26, 3:00 PM Shakespeare And The Merry Wives Delight Again » IndiaPost NewsPaper https://indiapost.com/shakespeare-and-the-merry-wives-delight-again/ 1/3

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Executive Artistic Director and Founder of the Company, Lisa Tromovitch, also the director of this play, has reimagined this timeless comedy with a local twist setting it in late 1800s when Livermore was settling in as a community. Other modifications include streamlining the plot to just two, to avoid unnecessary confusion in the story flow and to reduce its duration; using just eight characters playing multiple roles to economize on production costs.

Left to Right: Gwen Loeb*, Nic Moore, Lucy Swinson,
Carolina Morones, Mark Vashro
Singing by both men and women characters provides not only a pleasant interlude, but also allows costume changes for actors. The middle-class theme dominant in the play is visible through the wives’ pranks on their suitor and not succumbing to the seduction; the bonding between townsfolk, especially the wives in their everyday interactions; and the way social standing and wealth creates a chasm.

Suitability of casting is paramount when running such a tight ship, and all characters came through handsomely, from Malcolm Rodgers who also captivated with his vocals as Falstaff; Lucy Swinson, equally adept at portraying the Anne Page the gentle maiden, and the rambunctious companions, Robin and Nim. Mary Ann Rodgers playing the awkward suitor Fenton, switches disarmingly to the beguiling Mistress Ford, who, accompanied with Carolina Morones plots with her as Mistress Page, and set forth cunning traps for their erstwhile suitor. Nic Moore delights as the very French Mr. Caius, one of the suitors for Anne, and Fenton, who actually is the besotted, as well as the supporting role of the companion Pistol.

The other two gentlemen, Norman Gee as Mr. Ford and Mark Vashro as Mr. Page, the unsuspecting, but jealous husbands anchor the plot with dexterity.

Left to Right: Malcolm Rodgers, Mary Ann Rodgers
Gwen Loeb steals the show as the central figure Mistress Quickly who serves as a messenger and facilitator between various characters, cementing the misunderstandings 2/25/26, 3:00 PM Shakespeare And The Merry Wives Delight Again » IndiaPost NewsPaper https://indiapost.com/shakespeare-and-the-merry-wives-delight-again/ 2/3

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through deliberate miscommunications and malapropisms, while also maintaining the dignity of her other character Mr. Shallow, the justice.

The outcome of all the adaptations and superb acting resulted in a well put together, seamless production which enhanced a terse plot flow and character development that proceeded to delight the audience. Despite the first half seeming to stretch a bit, the second half sealed the deal with a typically raucous ending with young lovers united and Falstaff outmaneuvered by the brilliant wives. The retitling of the play acknowledges both the sheer audacity of Falstaff, and the integrity of the women who outsmart him at every turn.

Left to Right: Norman Gee*, Carolina Morones, Mary
Ann Rodgers, Gwen Loeb*, Mark Vashro
Photos-SPARC Theater
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Each occasion is a significant achievement worth celebrating, even when it’s not a round number Listen to this article now 10 10 1.0x
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2/25/26, 2:34 PM Anniversaries in the community … and in my house - Pleasanton Weekly https://www.pleasantonweekly.com/blogs/what-a-week/2025/07/24/anniversaries-in-the-community-and-in-my-house/ 1/6

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One reason we hear from business owners, community leaders and everyday residents the most is trying to pitch coverage of a special anniversary.

The milestone often provides us a timeliness hook from which we can frame an article, but the story has to be about much more than just a date on the calendar to intrigue our editorial team and engage our readers – although if there is a free public celebration associated, we’re happy to tout that in our Calendar section in print and online.

We like to know what’s going on throughout our Tri-Valley coverage area, and share those stories with our readers, but where anniversaries get tricky is there are just so many. It’s right there in the word … happens every year.
2/25/26, 2:34 PM Anniversaries in the community … and in my house - Pleasanton Weekly https://www.pleasantonweekly.com/blogs/what-a-week/2025/07/24/anniversaries-in-the-community-and-in-my-house/ 2/6

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Which is why we often look for a nice round number or a key new development to center an article on. A real oomph of news. Like last week’s Cover Story was about the Balloon Platoon, which is marking 50 years in 2025. Come to think of it, this week’s Cover also has such an angle – this is Open Heart Kitchen’s 30th anniversary.

That’s not to downplay the importance of each anniversary, particularly for a small business, recurring community event or local institution, because every year going is an amazing accomplishment and a clear reflection of the effort and support involved to sustain. Believe me, I recognize that.

Beyond the professional anniversaries I’ve written about this year (25 years for the Pleasanton Weekly; 20 years for DanvilleSanRamon), my wife and I reached 12 years of marriage and 19 years together overall this month.

Not neat numbers, but worthy of celebration nonetheless – not only because it’s good to take a break from the everyday exertion required of working parents, but also considering the context of the households we came from.

A dozen is quite an achievement, especially when it’s rooted in love, respect and growth.

We marked the occasion with an evening out in Livermore: early dinner at Maple Street Eatery, dessert at Verace Gelato and a show with Shakespeare in the Vineyard.

It’s such a beautiful setting to watch a play, the outdoor stage at Darcie Kent Estate Winery on which SPARC Theater performs every July.

And it’s a fun adaptation by the troupe’s executive/artistic director Lisa Tromovitch, with engaging performances to boot. She sets her take on the Bard’s comedy “The Merry Wives of Windsor” in the postCivil War era around Livermore’s founding – including a few local references like Las Positas and Arroyo Del Valle.

SPARC Theater’s “Sir John Falstaff and the Merry Wives of Windsor” has one more weekend (this Friday through Sunday) outdoors in Livermore Valley wine country. 2/25/26, 2:34 PM Anniversaries in the community … and in my house - Pleasanton Weekly https://www.pleasantonweekly.com/blogs/what-a-week/2025/07/24/anniversaries-in-the-community-and-in-my-house/ 3/6

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There will be more chances to catch the production, though, indoors at the historic Village Theatre in downtown Danville from Aug. 8-24 with Friday and Saturday evening shows and Sunday matinees.

The Walshes weren’t the only ones with anniversaries in the Tri-Valley this month.

The Hindu Community and Cultural Center in Livermore, also known as Shiva-Vishnu Temple, celebrated its 39th anniversary with festivities July 12-13 honoring the longstanding “vibrant hub where devotion, community service, and cultural heritage go hand in hand”.

The weekend was “a celebration of faith and tradition”, according to HCCC President Sudha Surapaneni. “The sacred pujas and vibrant ceremonies showcased our community’s strong connection to the temple. On behalf of the management, we would like to extend our heartfelt gratitude to all the devotees, volunteers, 2/25/26, 2:34 PM Anniversaries in the community … and in my house - Pleasanton Weekly https://www.pleasantonweekly.com/blogs/what-a-week/2025/07/24/anniversaries-in-the-community-and-in-my-house/ 4/6

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temple staff, and our generous donors. Your unwavering support and dedication continue to strengthen our community and spiritual mission,” Surapaneni told me in a statement.

While we didn’t see an opportunity to spin up a full feature on HCCC this month, I have it down on my list of us to pursue for a potential Cover Story next year when the Livermore temple marks its ruby anniversary.

Editorial bandwidth often contributes to our difficulty in quickly activating on anniversary articles, round numbers or not. I think back to the short notice we got that Vic’s All Star Kitchen was having a ribbon-cutting ceremony July 1 to recognize five years under the current ownership. An impressive achievement, especially considering all Laura and Ernesto Castro have had to navigate since taking over Vic’s in early 2020 just before the pandemic hit.

Although we aren’t able to do full stories on every anniversary, please reach out to us anytime one is coming up or just passed. We’ll do our best to give it at least a shoutout editorially, or even consider sharing a Letter to the Editor.
2/25/26, 2:34 PM Anniversaries in the community … and in my house - Pleasanton Weekly https://www.pleasantonweekly.com/blogs/what-a-week/2025/07/24/anniversaries-in-the-community-and-in-my-house/ 5/6

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With that, I’ll head into the weekend with one more anniversary to celebrate … the anniversary of my birth.

Although with that framing, maybe it’s a day my mom should get the credit for.

Editor’s note: Jeremy Walsh is the associate publisher and editorial director for the Embarcadero Media Foundation’s East Bay Division. His “What a Week” column is a recurring feature in the Pleasanton Weekly, Livermore Vine and DanvilleSanRamon.com.
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SPARC Theater presenting ‘Merry Wives of Windsor’ adaptation set around Livermore’s founding SPARC Theater is set to bring another one of William Shakespeare’s classic comedies to life this summer with its original rendition of “Sir John Falstaff and the Merry Wives of Windsor”.

Inspired by Shakespeare’s method of “slipping contemporary references into his plays”, SPARC is setting its version of “The Merry Wives of Windsor” at the time of Livermore’s founding, in the late 1800s. The approach also follows a common American theater tradition of reimagining Shakespeare’s settings to reflect local culture and history, troupe officials wrote in a press release ahead of the show’s opening this week. “It’s a great way to enjoy a little history and literature,” said director and adaptor Lisa Tromovitch. “We get a glimpse into our own history while enjoying the writing of arguably the greatest playwright in the English language.” SPARC plans to follow Shakespeare’s footsteps in every aspect of the play. As a shareholder in an acting company known as the Lord Chamberlain’s Men — which later became the King’s Men — Shakespeare prioritized his audience’s interests, which led to successful shows. SPARC Theater presents its production with a similar focus on audience connection and relevance.

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2/25/26, 2:31 PM Spend the evening out with Shakespeare in wine country - Pleasanton Weekly https://www.pleasantonweekly.com/ae/2025/07/02/spend-the-evening-out-with-shakespeare-in-wine-country/ 1/3

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“I’ve edited out the references to then-local news that don’t make sense to a contemporary audience, and replaced them with music appropriate to the 1800s in the new state of California. Shakespeare would want his audience to enjoy the show, not wish they had a textbook beside them to understand it,” Tromovitch said.

The late 1800s were a time of great excitement. People from all over the world came to California during the Gold Rush.

California officially became a state in 1850, and by 1863, the railroad was advancing toward San Francisco with its first stations opening. The Civil War ended in 1865, and Livermore’s first railway station was built just five years later, in 1870. “There was a sense of new beginnings. Cultures mixed, sometimes harmoniously, sometimes not,” SPARC wrote in the press release.

Set in that time of endless possibilities, the play follows two clever wives — Mistress Page and Mistress Ford — and the disreputable Sir John Falstaff, who thinks he can trick these savvy women into a tryst. Meanwhile, young love is the theme, as the Pages’ daughter Anne is sought after by multiple admirers. “It’s the fun-loving nature of these confident friends and neighbors that carries the day in this story. Confidence in true love anchors the relationships, and despite the hijinks, all ends well,” SPARC officials said.
“Sir John Falstaff and the Merry Wives of Windsor” debuts this Thursday and continues on Saturday and Sunday for opening weekend, with no show on the Fourth of July. The show will then run each Friday through Sunday for the rest of July (as well as a show on Thursday, July 17) on the outdoor stage at Darcie Kent Vineyards in Livermore.

SPARC plans to offer three “family nights” with pre-show activities and reduced price tickets for kids to attend. All shows begin at 7:30 p.m. and free onsite parking is available. For tickets and more information, go to SPARCtheater.org. “There’s nothing more relaxing than glimpsing the sunset and moonrise while sipping a glass of Darcie Kent wine and witnessing the comedy unfold,” said board chair Valerie Jonas, a longtime audience member at SPARC shows. 2/25/26, 2:31 PM Spend the evening out with Shakespeare in wine country - Pleasanton Weekly https://www.pleasantonweekly.com/ae/2025/07/02/spend-the-evening-out-with-shakespeare-in-wine-country/ 2/3

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“There’s something special about sitting with friends and enjoying a play without a roof over your head,” added Bryan Balaz, board treasurer. “Being in nature has a calming effect, adding to the Vineyard experience the company sometimes calls ‘the spa version of outdoor Shakespeare.’” SPARC will also present the show at Danville’s Village Theatre and Art Gallery for three weekends in August. Unlike the outdoor performances in Livermore, the Danville shows will be held indoors with air conditioning and include Sunday matinee options starting at 2 p.m. 2/25/26, 2:31 PM Spend the evening out with Shakespeare in wine country - Pleasanton Weekly https://www.pleasantonweekly.com/ae/2025/07/02/spend-the-evening-out-with-shakespeare-in-wine-country/ 3/3

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INSURANCE REQUIREMENTS
Minimum Scope and Limits of Insurance
Grantee shall maintain limits no less than:

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:

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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.

7. Certificate Holder section of the insurance certificate should read: City of Livermore, 1052 S. Livermore Avenue, Livermore, CA 94550.

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CITY COUNCIL STAFF REPORT ITEM NO. 6.20
DATE: May 11, 2026
TO: Honorable Mayor and City Council
FROM: Brent Smith, Community Development Director
SUBJECT: Resolution authorizing the continued participation of the City of Livermore in the Alameda County HOME Consortium for HOME Investment Partnership Program funds; and the execution of an agreement with Alameda County for participation in the Alameda County HOME Consortium for federal fiscal years 2027, 2028, and 2029.

RECOMMENDED ACTION
Staff recommends the City Council adopt a resolution:

1. Authorizing the participation by the City of Livermore in the Alameda County Home Investment Partnership Program Consortium for HOME Investment Partnership funds ("HOME"); and

2. Authorizing the City Manager to sign on behalf of the City of Livermore, the HOME Consortium Agreement with the County of Alameda for participation in the Consortium during federal fiscal years 2027, 2028, and 2029 to maintain the eligibility of the Consortium for HOME program funds in accordance with the National Affordable Housing Act of 1990.

DECISION TYPE
Administrative

SUMMARY
Through participation in the Alameda County HOME Consortium, the City of Livermore receives annual HOME Program funding from the U.S. Department of Housing and Urban Development ("HUD"). Since joining the Consortium in 1993, the City has utilized HOME funds to support the development and preservation of affordable housing throughout Livermore. In accordance with County and federal administrative requirements, the City must enter into a formal agreement with the Alameda County Housing and Community Development Department in order to access and administer these funds.

DISCUSSION
Title II of the Cranston-Gonzalez National Affordable Housing Act of 1990 established the HOME Investment Partnerships ("HOME") Program to provide federal funding to local governments for the 953
acquisition, rehabilitation, and new construction of affordable housing, as well as for homebuyer assistance and tenant-based rental assistance ("TBRA"). HUD allocates HOME funds directly to participating jurisdictions that meet a threshold level of affordable housing need. This threshold is determined by a formula that considers the number of housing units that are overcrowded, substandard, or occupied by households living below the poverty level. Local jurisdictions that do not independently meet this threshold may join together to form a regional consortium to participate in the HOME Program and receive an annual allocation of funds.

The City of Livermore has been a member of the Alameda County HOME Consortium (the "Consortium") since 1993. Alameda County administers the Consortium’s HOME funds in accordance with federal requirements and allocates funds to Consortium members based on the HUD formula. Consortium members, in turn, direct their allocations to local affordable housing programs and projects that align with community needs and priorities. To receive its annual HOME allocation, the City must enter into an agreement with the Alameda County Housing and Community Development Department, as required by County and federal administrative regulations.

The City currently utilizes HOME funds to support TBRA programs that provide housing stability and case management services to vulnerable residents and families. Previous uses of HOME funds have included new construction and rehabilitation of affordable housing developments, as well as homeowner rehabilitation programs. These investments have advanced the City’s progress in meeting its affordable housing objectives. For fiscal year 2025-26 and 2026-27, HOME funds have been allocated to Abode Services and Tri-Valley Haven for Women for their TBRA programs serving individuals experiencing homelessness and survivors of domestic violence.

For federal fiscal years 2027, 2028, and 2029, the cities of Alameda, Fremont, Hayward, Pleasanton, San Leandro, and Union City have expressed interest in continuing their participation in the Alameda County HOME Consortium in partnership with the Alameda County Urban County, which is comprised of the cities of Albany, Dublin, Emeryville, Newark, Piedmont, and the unincorporated areas of Alameda County. Staff recommends that the City Council approve the City of Livermore’s continued participation in the Alameda County HOME Consortium for the upcoming three-year period.

FISCAL AND ADMINISTRATIVE IMPACTS
The City's current HOME allocation for FY 2026-27 consists of $118,140 available for HOME project funds and $6,563 for program administration, for a total of $124,703. Staff anticipates comparable allocations for the fiscal years covered under the proposed agreement.

COMMUNITY PILLAR
1: A Safe Community that Thrives
GOAL
7: Expand and preserve the supply of affordable housing opportunities.

ATTACHMENTS

1. Resolution
954

2. Exhibit A- HOME Consortium Agreement
Prepared by: Amy Walker
Management Analyst I
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
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1 RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING THE CONTINUED PARTICIPATION OF

THE CITY OF LIVERMORE IN THE ALAMEDA COUNTY HOME

CONSORTIUM FOR HOME INVESTMENT PARTNERSHIP PROGRAM
FUNDS; AND THE EXECUTION OF AN AGREEMENT WITH ALAMEDA

COUNTY FOR PARTICIPATION IN THE ALAMEDA COUNTY HOME
CONSORTIUM FOR FEDERAL FISCAL YEARS 2027, 2028, AND 2029 The City of Livermore (“City”) has been a member of the Alameda County HOME Consortium since 1993. Through membership in the Consortium, the City receives HOME Investment Partnership Program funding from the U.S. Department of Housing and Urban Development. HOME funds have been used to develop and preserve affordable housing citywide.

The Congress of the United States has enacted the Cranston-Gonzalez National Affordable Housing Act of 1990 (“the Act") and Federal regulations have been adopted pursuant thereto.

Title II of the Act creates the HOME Investment Partnership Program (“HOME") that provides funds to participating jurisdictions for acquisition, rehabilitation, new construction of affordable housing, homebuyer assistance and tenant-based rental assistance.

The Act allows local governments to form consortia for the purpose of receiving and administering HOME funds and carrying out purposes of the Act.

The cities of Alameda, Fremont, Hayward, Livermore, Pleasanton, San Leandro, and Union City have expressed their interest in joining the Alameda County Urban County consisting of the cities of Albany, Dublin, Emeryville, Newark, Piedmont, and the unincorporated County, to continue in the Alameda County HOME Consortium for federal fiscal years 2027, 2028, and 2029.

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

1. Authorizes the participation by the City of Livermore in the Alameda County Home Investment Partnership Program Consortium for HOME Investment Partnership funds (HOME).

2. Authorizes the City Manager to sign on behalf of the City of Livermore, the HOME Consortium Agreement, attached hereto as Exhibit A, with the County of Alameda for participation in the Consortium during federal fiscal years 2027, 2028 and 2029 to maintain the eligibility of the Consortium for HOME program funds in accordance with the National Affordable Housing Act of 1990. 956
2 RESOLUTION NO. ________
On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on May 11, 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Daniel Gonzales
Helena Graves Daniel Gonzales
Acting City Clerk Deputy City Attorney
Exhibit A – HOME Consortium Agreement
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1 ALAMEDA COUNTY HOUSING AND COMMUNITY DEVELOPMENT

DEPARTMENT

COOPERATIVE AGREEMENT

BETWEEN

CITY OF LIVERMORE
AND

THE COUNTY OF ALAMEDA
This AGREEMENT, made and entered into on the 2nd day of June, 2026, by and between the COUNTY OF ALAMEDA, a body corporate and politic of the State of California (hereinafter referred to as the “COUNTY”), and the CITY OF LIVERMORE, a municipal corporation located within Alameda County (hereinafter referred to as the “CITY”).

RECITALS
WHEREAS, the Congress of the United States has enacted the Cranston-Gonzalez National Affordable Housing Act of 1990, hereinafter referred to as “the Act”, and Federal regulations have been adopted pursuant thereto; and
WHEREAS, Title II of the Act creates the HOME Investment Partnerships Program hereinafter referred to as "HOME," that provides funds to participating jurisdictions for acquisition, rehabilitation, and new construction of affordable housing, and providing tenant-based rental assistance; and
WHEREAS, the Act requires local governments to formulate a Consolidated Plan as part of the eligibility requirements for HOME funds; and
WHEREAS, funds from Title II are distributed to metropolitan cities, urban counties States, and consortia of local governments; and
WHEREAS, the Act allows local governments to form consortia for the purpose of receiving and administering HOME funds and carrying out purposes of the Act; and WHEREAS, the Act requires that a local government member of an urban county participating in the U.S. Department of Housing and Urban Development’s (HUD’s) Community Development Block Grant (CDBG) program may participate in a consortium only through the urban county, and the COUNTY is the lead agency of the Alameda County Urban County; and WHEREAS, the Act requires that a consortium shall have one member unit of general local government authorized to act in a representative capacity as lead entity for all members for purposes of the Act and to assume overall responsibility for the Act, including requirements concerning the Consolidated Plan; and

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2 WHEREAS, the COUNTY has sufficient legal authority and administrative capacity to carry out the purpose of the HOME program on behalf of the Alameda County HOME Consortium (“CONSORTIUM”) members and is the lead entity of the CONSORTIUM for the purposes of the Act, assuming overall responsibility for the Act on behalf of the CONSORTIUM members, including ensuring compliance with the requirements of the HOME program and Consolidated Plan. The COUNTY, as lead agency, has the authority to amend the consortium agreement on behalf of all members to add new qualifying members from the Alameda County Urban County to the CONSORTIUM when notified by HUD that it is appropriate to do so; THEREFORE, it is agreed that:

1. The CITY and the COUNTY will cooperate in the operation of the CONSORTIUM, for the purpose of undertaking or assisting in undertaking HOME-eligible housing assistance activities pursuant to Title II of the Act including but not limited to, acquiring, rehabilitating, and constructing affordable housing and providing homebuyer and tenantbased rental assistance.

2. The COUNTY is authorized to and shall act in a representative capacity as the lead entity for all members of the CONSORTIUM for the purposes of administering the HOME program.

3. The COUNTY assumes overall responsibility for ensuring that the CONSORTIUM’s HOME program is carried out in compliance with the requirements of the HOME program, including requirements concerning the Consolidated Plan.

4. The CITY shall have thirty (30) calendar days to approve the portions of the Consolidated Plan which pertain to the CITY before the COUNTY submits final Consolidated Plan to HUD. The COUNTY shall incorporate the CITY changes in Consolidated Plan, if any, provided that they meet HOME requirements.

5. The CITY shall approve each project funded with HOME funds within the CITY before the COUNTY approves funding project with HOME funds, provided that the CITY approval or disapproval does not obstruct the implementation of the approved Consolidated Plan.

6. The CITY shall designate a staff member to participate in the Consortium’s Technical Advisory Committee.

7. The CITY shall designate a representative to whom all notices and communications from the COUNTY shall be directed. The COUNTY's duty to notify The CITY shall be complete when the communication is sent to the designated representative. It is the exclusive duty of the designated representative to notify the appropriate individuals or departments within the CITY.

8. To carry out activities under this Agreement, the COUNTY shall allocate to the CITY a portion of HOME funds received under the Act. Initial allocations shall be approved by
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3 the Technical Advisory Committee for the CONSORTIUM. If necessary to meet HOME requirements, funds will be reallocated by the COUNTY in accordance with such needs, objectives, or strategies as the COUNTY shall decide. In preparing such needs, objectives, or strategies, the COUNTY shall consult with the CITY and Technical Advisory Committee before making its determinations.

9. Each party to this agreement and each CONSORTIUM member shall affirmatively further fair housing.

10. The CITY shall pay the COUNTY an annual fee, deducted from the CITY’s annual allocation at the beginning of the program year, to help defray the COUNTY's costs to administer the Consortium and perform monitoring, record-keeping, and reporting required by the Act. Such fee shall be based upon the COUNTY's expected actual costs and shall in no case exceed five percent (5%) of the CITY's annual allocation of HOME funds.

11. The CITY shall provide the COUNTY with all of the following information concerning the CITY and the activities the CITY carries out under this agreement which the COUNTY requires to be prepared: 1) documents required to be submitted to HUD, 2) annual HOME performance report, 3) such other documents as the COUNTY may require to carry out eligible housing activities or meet Federal requirements. All information shall be submitted on forms prescribed by the COUNTY. In addition, the CITY agrees to make available upon request all records concerning the activities carried out under this agreement for inspection by the COUNTY or Federal officials during regular business hours.

12. Pursuant to Government Code Section 895.4, the CITY shall defend, indemnify, and hold harmless the COUNTY, its officers, employees, and agents from all claims, suits, actions or losses of any type, and from liability for any fines, penalties or damages of any type, resulting from the CITY's performance of this Agreement and caused by any act or omission of the CITY, including failure to comply with any requirement of the Act or the Program described herein, except to the extent that any such claim, suits, actions, losses, or liabilities arise from any act or omission of the COUNTY.

13. Pursuant to Government Code Section 895.4, the COUNTY shall defend, indemnify, and hold harmless the CITY, its officers, employees, and agents from all claims, suits, actions or losses of any type, and from liability for any fines, penalties or damages of any type, resulting from the COUNTY's performance of this Agreement and caused by any act or omission of the COUNTY, including failure to comply with any requirement of the Act or the Program described herein, except to the extent that any such claims, suits, actions, losses, or liability arise from any act or omission of the CITY.

14. The CITY agrees to defend, indemnify, and hold harmless all other cities participating in the Alameda County HOME CONSORTIUM for the CITY's negligent acts or omissions arising from this Agreement.

15. This Agreement shall go into effect immediately upon the signature of both parties and shall continue in full force and effect unless amended, until the HOME funds received
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EXHIBIT A
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4 during each of the federal fiscal years of the qualification period (2027, 2028, and 2029) are expended on eligible activities or returned to HUD. The CITY will be included in the Consortium for a minimum of three (3) federal fiscal years, specifically federal fiscal years 2027, 2028 and 2029. CONSORTIUM members, including the CITY, shall not withdraw from the CONSORTIUM during this period.

16. The beginning of the CONSORTIUM’s program year is July 1 and the end of the CONSORTIUM’s program year is June 30. All CONSORTIUM members, including the CITY, must be on the same program year for CDBG, HOME, Emergency Solutions Grant (ESG) and Housing Opportunities for Persons with AIDS (HOPWA) programs.

17. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement.

18. Each City agrees to cooperate, at no cost to the COUNTY, in any audit of program activities involving program funds received by that City, including preparing appropriate financial statements, promptly following up and taking corrective action on audit finding, comply with any corrective action plans issued in connection with the audit, and provide auditor with information as needed for the auditor to perform the audit required by applicable regulations.
[SIGNATURES TO FOLLOW ON THE NEXT PAGE]

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EXHIBIT A
961
5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day first mentioned above.

COUNTY OF ALAMEDA CITY OF LIVERMORE
By: _______________________________ By: ______________________________ President of the Board of Supervisors Marianna A. Burch, City Manager
Date: ______________________________ Date:_____________________________ By: ______________________________
Jas Sidhu,
Risk Management
Date:_____________________________
Approved as to form by: Approved as to form by:

Andrea L. Weddle, Interim County Counsel
By: _______________________________ By: ______________________________ Kathleen Flynn, Daniel Gonzales
Deputy County Counsel Deputy City Attorney

Date:_____________________________
By signing above, signatory warrants and represents that he/she executed this Agreement in his/her authorized capacity and that by his/her signature on this Agreement, he/she or the entity upon behalf of which he/she acted, executed this Agreement.
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EXHIBIT A
962
CITY COUNCIL STAFF REPORT ITEM NO. 6.21
DATE: May 11, 2026
TO: Honorable Mayor and City Council
FROM: Brent Smith, Community Development Director
SUBJECT: Resolution authorizing the execution of Assignment and Assumption and Amendment of loan documents and a Subordination and Intercreditor Agreement with Owls Landing, L.P., for the Owl’s Landing Affordable Housing Project in the form substantially attached to the resolution.

RECOMMENDED ACTION
Staff recommends City Council adopt a Resolution authorizing the City Manager, or her designee, to:

1. Execute the Assignment and Assumption and Amendment of Loan Documents with Owls Landing, L.P. for the Owl’s Landing Affordable Housing Project in substantial conformance with the agreement attached as Exhibit A.

2. Determine the Applicable Federal Rate of interest to be included in the Assignment and Assumption and Amendment of Loan Documents with Owls Landing, L.P. prior to execution.

DECISION TYPE
Administrative

SUMMARY
Owls Landing was originally developed in 1998 with financial assistance from the City’s former Redevelopment Agency, resulting in 72 affordable rental units for households earning up to 60% of Area Median Income. Eden Housing now proposes transferring the property to a new limited partnership, Owls Landing, L.P., which will acquire, rehabilitate, and continue operating the site as affordable housing.

Planned rehabilitation work includes building repairs, roof replacement, accessibility upgrades, and various mechanical, plumbing, and site improvements.

To support the transfer, the owner requests assignment of the City’s original loan to the new partnership along with amendments to the City’s loan documents updating the loan balance to approximately $7.1 963
million, adjusting the interest rate, clarifying unit restrictions, and modifying the residual receipts payment structure to align with standard public lender practice. The project will also obtain a new first mortgage to finance the rehabilitation, which will require the City loan to be subordinated through a Subordination and Intercreditor Agreement.

DISCUSSION
On January 12, 1998, the City Council approved Resolution No. 98-8, allocating $4,240,000 from the former Redevelopment Agency of the City to Eden Housing, Inc., through Livermore Housing Associates, L.P. (the “Owner”), for the acquisition and construction of the property located at 860 Herman Avenue, known as “Owls Landing Apartments”. The project resulted in the development of 72 affordable 1-, 2-, and 3-bedroom rental units for lower-income households earning up to 60 percent of Area Median Income. The City’s loan is documented through a Loan Agreement, Promissory Note, Deed of Trust, and Declaration of Restrictive Covenants, recorded on January 29, 1998 (the “Loan Documents”) and attached here as Attachment 1. The original loan accrued simple interest at 3% per year and was to be repaid from ‘residual receipts,’ defined as the cash remaining after all project expenses, reserves, and debt obligations have been paid.

The Owner now proposes to transfer ownership of the project to a newly formed limited partnership, Owls Landing, L.P. (the “Developer”), following the award of Tax Credit Allocation Committee (TCAC) financing. The Developer intends to acquire, rehabilitate, and continue operating the property as affordable housing. The rehabilitation work will include replacing exterior windows, addressing dry rot, completing a full roof replacement, updating exterior paint and façade elements, and making ADA accessibility upgrades as needed. Additional improvements include replacing water heaters, upgrading washer supply lines and valves, installing bathroom fans in all units, upgrading HVAC systems, and completing various site enhancements.

To facilitate the transfer and ensure continued affordability, the Owner has requested that all rights and obligations under the Loan Documents be assigned to the Developer. In addition, the proposed Assignment and Assumption and Amendment (the “Amendment”) would modify the Loan Documents as follows:

Amend the Loan Agreement to reflect a new loan balance of approximately $7,099,678, representing the original principal plus accrued interest through June 1, 2026. This balance would continue to accrue interest at the Applicable Federal Rate (AFR) upon transfer of the loan to the Developer. The applicable AFR will be finalized and incorporated into the Amendment just prior to the close of escrow on the property transfer, subject to approval by the City Manager. As of April 2026, the AFR is 4.62%.

Clarify in the Declaration of Restrictive Covenants that the resident manager’s unit is excluded from the affordable unit count.

Amend the Promissory Note to adjust the residual receipts payment requirement from the City receiving 100 percent to sharing 50 percent, which is a standard industry practice among public lenders and has been approved for recent affordable housing loans issued by the City.

The refinancing will provide a new first mortgage for the project, which will also fund the planned rehabilitation work. The first mortgage lender, Capital One, National Association, requires the City’s existing loan to be subordinated to the new first mortgage. The proposed Subordination and Intercreditor Agreement ensures that the first lender’s mortgage will take priority over the City’s loan in the unlikely 964
event of a default.

FISCAL AND ADMINISTRATIVE IMPACTS
The proposed amendment to the City’s promissory note will modify the residual receipts payment structure so that the City receives 50 percent of available residual receipts. Based on project financial projections, the City does not anticipate receiving any residual receipt payments during the first five years following the transaction. Beginning in year six, the City is expected to receive average annual payments of approximately $21,000, which will be applied toward accrued interest on the loan. The payments will be deposited into Fund 201 – Housing Successor Agency.

COMMUNITY PILLAR
1: A Safe Community the Thrives
GOAL
7: Expand and preserve the supply of affordable housing opportunities.

ATTACHMENTS

1. Attachment 1 - Loan Documents

2. Resolution

3. Exhibit A - Assignment and Assumption and Amendment

4. Exhibit B - Subordination and Intercreditor Agreement Prepared by: Shelly Haynes
Management Analyst II
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
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1 RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING THE CITY MANAGER, OR HER DESIGNEE, TO

EXECUTE THE ASSIGNMENT AND ASSUMPTION AND AMENDMENT OF LOAN

DOCUMENTS AND THE SUBORDINATION AND INTERCREDITOR AGREEMENT WITH OWLS LANDING, L.P. FOR THE OWL’S LANDING AFFORDABLE HOUSING

PROJECT IN THE FORM SUBSTANTIALLY ATTACHED TO THE RESOLUTION

AND AUTHORIZATION FOR THE CITY MANAGER AND CITY ATTORNEY TO

APPROVE THE FINAL FORM OF THE DOCUMENT
Owls Landing was originally developed in 1998 with financial assistance from the City’s former Redevelopment Agency, resulting in 72 affordable rental units for households earning up to 60% of Area Median Income. Eden Housing now proposes transferring the property to a new limited partnership, Owls Landing, L.P., which will acquire, rehabilitate, and continue operating the site as affordable housing. Planned rehabilitation work includes building repairs, roof replacement, accessibility upgrades, and various mechanical, plumbing, and site improvements.

To support the transfer, the owner requests assignment of the City’s original loan to the new partnership along with amendments to the City’s loan documents updating the loan balance to approximately $7.1 million, adjusting the interest rate, clarifying unit restrictions, and modifying the residual receipts payment structure to align with standard public-lender practice. The project will also obtain a new first mortgage to finance rehabilitation, requiring the City loan to be subordinated through a Subordination and Intercreditor Agreement.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore, that it authorizes the City Manager, or her designee to:

2. Determine the Applicable Federal Rate of interest to be included in the Assignment and Assumption and Amendment of Loan Documents with Owls Landing, L.P. prior to execution.

3. Execute the Subordination and Intercreditor Agreement with Owls Landing, L.P. and Capital One, National Association, for the Owls Landing Affordable Housing Project in substantial conformance with the agreement attached as Exhibit B. 1063
2 RESOLUTION NO. ________
On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on May 11, 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Daniel Gonzales
Helena Graves Daniel Gonzales
Acting City Clerk Deputy City Attorney
Exhibit A – Assignment and Assumption and Amendment
Exhibit B – Subordination and Intercreditor Agreement
1064
1 60254150.1

RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:

City of Livermore
1052 S. Livermore Ave
Livermore, CA 94551
Attn: City Clerks
APN: 998-5351-14 Space above this line for Recorder’s use.

ASSIGNMENT AND ASSUMPTION AND AMENDMENT

OF LOAN DOCUMENTS
This ASSIGNMENT AND ASSUMPTION AND AMENDMENT OF LOAN
DOCUMENTS (the “Amendment”) is entered into as of ____________, 2026, by and among LIVERMORE HOUSING ASSOCIATES, A California Limited Partnership (the “Assignor”), OWLS LANDING, L.P., a California limited partnership (the “Assignee” or “Borrower”), and THE CITY OF LIVERMORE, a public body, corporate and politic, as the successor entity to the former Redevelopment Agency of the City of Livermore (the “City”) with reference to the following facts:

A. Pursuant to the Assignor’s development of that certain 72-unit low-income multifamily housing project commonly known as Owls Landing (the “Project”), which is situated on that certain parcel located in the City of Livermore, California as more particularly described at Exhibit A attached hereto, the City made a loan to the Assignor in the original principal amount of $4,240,000 (the “Loan”). The Loan is evidenced by that certain Loan city Agreement dated January 12, 1998 (the “Loan Agreement”), that certain Promissory Note in favor of the City dated January 12, 1998 (the “Note”), that certain Construction and Permanent Deed of Trust and Assignment of Rents for the benefit of the City dated January 12, 1998 and recorded in the Alameda County Official Records (the “Official Records”) on January 29, 1998 as instrument number 9832966 (the “Deed of Trust”) and that certain Declaration of Restrictive Covenants dated January 12, 1998 and recorded in the Official Records on January 29, 1998 as instrument number 98032967 (the “Declaration”). The Loan Agreement, Note, Deed of Trust, Declaration, and any other documents evidencing or securing the Loan shall collectively be referred to herein as the “Loan Documents.” Capitalized terms used in this Amendment with respect to the Loan and not otherwise defined shall have the meaning set forth in the Loan Documents.

B. The Assignee (henceforth, the “Borrower” under the Loan Documents) is acquiring the Project from the Assignor for purposes of rehabilitating, improving, owning, and operating the Project.

EXHIBIT A
1065
2 60254150.1
C. Pursuant to this Amendment, Assignor, with the consent of the City, will assign to Assignee, and Assignee will accept the assignment from Assignor, of all of Assignor’s rights, title, interest, and obligations with respect to the Loan Documents. Following the assignment of the Loan Documents from Assignor to Assignee, the Assignee and the City desires to release Assignor from all obligations in connection with the Loan Documents.

D. Assignee and the City desire to amend certain provisions of the Loan Documents as set forth below.

NOW, THEREFORE, in consideration of the foregoing, of the mutual promises of the parties hereto and for other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, the parties mutually agree as follows:

1. Assignment and Assumption. Assignor hereby assigns to Assignee all of its rights and obligations under the Loan Documents (collectively, the “Assignment”). Assignee hereby accepts the Assignment, assumes Assignor’s obligation to repay the Loan, and assumes all obligations of Assignor under the Loan Documents. Henceforth, any reference to Assignor in the Loan Documents shall be deemed a reference to the Assignee.

2. Consent to Assignment. The City hereby consents to the assignment of the Loan Documents from Assignor to Assignee and, effective upon such assignment, the City releases Assignor from any and all obligations and liabilities thereunder.

3. No Default; Estoppel Provisions.
(a) The City acknowledges and agrees that as of the date hereof, to the actual knowledge of the City, without duty of inquiry or investigation, no event has occurred and is continuing which would constitute a default, and no event has occurred and is continuing which with notice or the passage of time or both, would be an event of default, under any of the Loan Documents.
(b) The City acknowledges and agrees that the Loan Documents are in full force and effect, as amended or modified by this Amendment.

4. Amendments to Loan Agreement. The Loan Agreement shall be amended as follows:
(a) All references to the Loan are hereby amended to reflect the outstanding principal balance on the Loan as of May 1, 2026 with an amount of Four Million Two Hundred Forty Thousand Dollars ($4,240,000) (the “Loan Principal Balance”). In addition, as of May 1, 2026, interest has accrued in the amount of Two Million Eight Hundred Fifty-Nine Thousand Seven Hundred Eight Dollars ($2,859,708) and will continue to accrue until the effective date of the assignment of the Loan to the Assignee and the acquisition date of the Development by the

EXHIBIT A
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3 60254150.1
Assignee (“Accrued Interest”), (collectively, the “Loan”). Pursuant to this Amendment, as of the effective date of the assignment of the Loan to the Assignee and the acquisition of the Development by the Assignee (“Effective Date”), the City agrees that the Loan Principal Balance plus Accrued Interest will continue to accrue interest at the applicable federal rate for long term debt published by the Internal Revenue Service for purposes of Internal Revenue Code Section 1274 which is [AFR%].
(b) Section 1.26 “Operating Expenses” definition shall be deleted in its entirety and replaced with the following:
“Operating Expenses” means debt service payments on the Permanent Loan, actual, reasonable and customary costs, fees and expenses directly attributable to the operation, maintenance, and management of the Improvements, including but not limited to painting, cleaning, repairs and alterations, landscaping, utilities, rubbish removal, certificates, permits and licenses, sewer charges, real and personal property taxes and assessments, insurance, security, advertising, promotion and publicity, office, janitorial, cleaning and building supplies, cash deposited into reserves for capital replacements of Development improvements in an amount not to exceed reserve requirements imposed by the Permanent Loan or any greater amount approved by Lender, cash deposited into an operating reserve in an amount not to exceed the amount required in connection with the Permanent Loan, or any greater amount approved by Lender, purchase, repair, servicing and installation of appliances, equipment, fixtures and furnishings, fees and expenses of accountants, attorneys, consultants and other professionals, and tenant improvements that are not included in Development Costs. Operating Expenses shall also include resident services costs; an annual asset management fee in the amount of $7,200, increasing 3% annually payable to the asset manager until the asset manager ceases to manage the asset including any accrued but unpaid portion thereof; an annual partnership management fee in the amount of $25,000, increasing 3% annually, including any accrued but unpaid portion thereof; deferred developer fees; payment of credit adjusters due to Borrower’s limited partner and to repay loans made to Borrower by such limited partner; payment of operating deficit and development completion loans made to Borrower by Borrower’s general partner; and other ordinary and reasonable operating expenses approved by Lender and not listed above. Operating Expenses do not include the following: depreciation, amortization, depletion or other noncash expenses or any amount expended from a reserve account, and any capital cost associated with the Project.
(c) Section 1.28 “Permanent Loans” definition shall be deleted in its entirety and replaced with the following:

EXHIBIT A
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4 60254150.1
“Permanent Loans” means the approved first lien priority construction loan made to Borrower by Capital One, National Association and, upon repayment of that loan, the first lien priority permanent loan made to Borrower by Citibank, N.A..
(d) Section 2.3 shall be amended to reflect the new interest rate of [AFR% to be included prior to execution] ______%, compounding annually. (e) Section 2.4 shall be deleted in its entirety and replaced as follows:

2.4 Term of Loan. The principal and all current and accrued interest of the Loan shall be due and payable on the earlier of (a) 56 years from the date this Amendment is recorded in the Official Records; (b) the date the Property is sold or refinanced without City’s consent, provided however that Borrower may refinance the Permanent Loan with City’s written agreement not to be unreasonably withheld, or Borrower may refinance the Permanent Loan without the prior consent of City, and City agrees to subordinate the City Loan to such refinancing, so long as the only terms being modified in the refinancing and associated subordination are limited to the interest rate, term of the loan, and refinance amount provided that the refinance amount does not exceed the then-outstanding principal balance of the Permanent Loan plus costs of refinancing the Permanent Loan, but only to the extent that such costs are both customary and not unreasonable in amount, but in no event shall such refinance amount exceed the original principal balance of the Permanent Loan.; or (c) an Event of Default by Borrower which has not been cured as provided for in this Loan Agreement.
(f) Section 2.7 shall be amended by adding the following at the end:
“Notwithstanding anything to contrary contained herein, Borrower shall only be obligated to make annual repayments to City on the Loan in the amount of Fifty Percent (50%) of Residual Receipts.”
(g) Section 5.10 shall be amended to add the following “Notwithstanding the foregoing, City acknowledges and agrees that one three-bedroom unit shall be an unrestricted manager’s unit.”
(h) For the avoidance of doubt, the City and Borrower agree that all income level and rent definitions shall reference the income limits and rents promulgated by the California Tax Credit Allocation Committee.

EXHIBIT A
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5 60254150.1
(i) The City acknowledges that all conditions precedent and covenants in the Agreement relating to the original Project, including the construction thereof, are hereby deemed to be satisfied or waived.

5. Amendments to Note. The Note is hereby amended as follows:
(a) The Note is hereby amended to the outstanding principal balance on the Loan as of May 1, 2026 with an amount of Four Million Two Hundred Forty Thousand Dollars ($4,240,000) (the “Loan Principal Balance”). In addition, as of May 1, 2026, interest has accrued in the amount of Two Million Eight Hundred Fifty-Nine Thousand Seven Hundred Eight Dollars ($2,859,708) and will continue to accrue until the effective date of the assignment of the Loan to the Assignee and the acquisition date of the Development by the Assignee (“Accrued Interest”), (collectively, the “Loan”). Pursuant to this Amendment, as of the effective date of the assignment of the Loan to the Assignee and the acquisition of the Development by the Assignee (“Effective Date”), the City agrees that the Loan Principal Balance plus Accrued Interest will continue to accrue interest at the applicable federal rate for long term debt published by the Internal Revenue Service for purposes of Internal Revenue Code Section 1274 which is [AFR%]. .
(b) Section 2 is amended to provide that interest on the Loan shall accrue from the date of this Amendment at [AFR%], compounding annually. (c) Section 3 is hereby deleted and replaced as follows:

3. Amount and Time of Payment. T. The principal and all current and accrued interest of the Loan shall be due and payable on the earlier of (a) 56 years from the date this Amendment is recorded in the Official Records; (b) the date the Property is sold or refinanced without City’s consent, provided however that Borrower may refinance the Permanent Loan with City’s written agreement not to be unreasonably withheld, or Borrower may refinance the Permanent Loan without the prior consent of City, and City agrees to subordinate the City Loan to such refinancing, so long as the only terms being modified in the refinancing and associated subordination are limited to the interest rate, term of the loan, and refinance amount provided that the refinance amount does not exceed the then-outstanding principal balance of the Permanent Loan plus costs of refinancing the Permanent Loan, but only to the extent that such costs are both customary and not unreasonable in amount, but in no event shall such refinance amount exceed the original principal balance of the Permanent Loan.; or (c) an Event of Default by Borrower which has not been cured as provided for in this Loan Agreement.

EXHIBIT A
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6 60254150.1
(d) Section 4.b “Operating Expenses” definition is deleted in its entirety and replaced with the definition set forth in the amendment to Loan Agreement set forth in Section 4(b) of this Amendment.
(e) Section 5 is amended by adding the following at the end:
“Notwithstanding anything to contrary contained herein, Borrower shall only be obligated to make annual repayments to City on the Loan in the amount of Fifty Percent (50%) of Residual Receipts.”

6. Amendment to the Declaration. The Declaration is amended as follows:
(a) For the avoidance of doubt, the City and Borrower agree that all income level and rent definitions shall reference the income limits and rents promulgated by the California Tax Credit Allocation Committee.
(b) Section 1.18 “Term” shall be amended to be 56 years from the date this Amendment is recorded in the Official Records.
(c) Section 2.1(c) shall be amended to add the following “Notwithstanding the foregoing, City acknowledges and agrees that one three-bedroom unit shall be an unrestricted manager’s unit.”

7. General Amendments Applicable to All Loan Documents. (a) All notices to Maker under the Loan Documents shall be sent to:

Owls Landing, L.P.
c/o Eden Housing, Inc.
22645 Grand St.,
Hayward, CA 94541
(b) All notices to City under the Loan Documents shall be sent to:

City of Livermore
1052 S. Livermore Ave.

Livermore, CA 94551
Attn: City Clerks
(c) Prior to exercising remedies under the Loan Documents, City will give Assignee’s tax credit investor limited partner (the “Limited Partner”) a copy of any written notice it gives to Assignee under the Loan Documents at the following address:

NEF Assignment Corporation

EXHIBIT A
1070
7 60254150.1
540 W. Madison Street
Suite 1900
Chicago, Illinois 60661
Attention: General Counsel
Email: [email protected] with subject line of SMT# 84757 With a copy to:

NEF Assignment Corporation
540 W. Madison Street
Suite 1900
Chicago, Illinois 60661
Attention: SVP Asset Management
With a copy to:

Bocarsly Emden Cowan Esmail & Arndt LLP
633 West Fifth Street, Suite 5880
Los Angeles, CA 90071
Attention: Rachel Rosner
(d) If Limited Partner presents payment or otherwise cures a monetary or nonmonetary default within the cure periods set forth in the Loan Documents, City will accept such action as curing the respective default under the Loan Documents. (e) City approves Limited Partner’s admission to Assignee. City will permit Limited Partner to transfer its limited partner interest to an affiliate of Limited Partner and transfer interests within the limited partner without consent. For purposes of this subparagraph, “affiliate” shall mean any entity in whom NEF or Assignee’s limited partner owns a majority interest. City will permit Limited Partner to remove and/or replace the general partner of Assignee in accordance with Assignee’s partnership agreement. City shall be provided with written notice of such replacement and City shall receive executed copies of any and all documents necessary to effect such replacement.

8. Effective Date. This Amendment shall be effective as of the date of recordation.

9. Counterparts. This Amendment may be signed by different parties hereto in counterparts with the same effect as if the signatures to each counterpart were upon a single instrument. All counterparts shall be deemed an original of this Amendment. [Signature Pages Follow]

EXHIBIT A
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8 60254150.1
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.

ASSIGNOR:

Livermore Housing Associates,
A California Limited Partnership
By: Baywood Apartments, Inc.,
a California nonprofit public benefit corporation,
its general partner
By: ____________________________
Andrea Osgood,
Chief of Real Estate Development &
Executive Vice President
ASSIGNEE:

Owls Landing, L.P.,
a California limited partnership
By: Owls Landing LLC,
a California limited liability company,
its general partner
By: Eden Investments, Inc.,
a California nonprofit public benefit corporation,
a member and the manager
By: _________________________________________
Andrea Osgood, Chief of Real Estate Development &
Executive Vice President

EXHIBIT A
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CITY:

THE CITY OF LIVERMORE,
A public body, corporate and politic
By:

Name: Marianna A. Burch
It’s: City Manager
ATTEST:
______________________
City Clerk
APPROVED AS TO FORM:
______________________
Daniel R. Gonzales
Deputy City Attorney

EXHIBIT A
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A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California )
County of ____________________)
On_____________ before me, _____________________________, Notary Public, a Notary Public in and for said State, personally appeared,
_______________________________________________________________________, proved to me the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under penalty of perjury under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature_____________________________

EXHIBIT A
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A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

I certify under penalty of perjury under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature_____________________________

EXHIBIT A
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A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

I certify under penalty of perjury under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature_____________________________

EXHIBIT A
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EXHIBIT A

LEGAL DESCRIPTION
That certain parcel of land situated in the County of Alameda, City of Livermore, State of California and more particularly described as follows:

PORTION OF THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF SECTION 35, IN TOWNSHIP 2 SOUTH, RANGE 2 EAST, MOUNT DIABLO BASE AND MERIDIAN, DESCRIBED AS FOLLOWS:

BEGINNING AT A POINT IN THE CENTER LINE OF ROAD 40 FEET WIDE KNOWN AS HERMAN AVENUE, DISTANT THEREON 660 FEET SOUTHERLY FROM THE CENTER LINE OF ROAD 40 FEET WIDE KNOWN AS SCENIC AVENUE; AND RUNNING THENCE ALONG SAID LINE OF HERMAN AVENUE SOUTHERLY 220 FEET; THENCE AT RIGHT ANGLES WESTERLY 990 FEET; THENCE AT RIGHT ANGLES NORTHERLY 220 FEET; AND THENCE AT RIGHT ANGLES EASTERLY 990 FEET POINT OF BEGINNING.

EXCEPTING THEREFROM, THE EASTERN 20 FEET THEREOF, BEING THAT, PORTION THEREOF LYING WITHIN THE LINES OF SAID HERMAN AVENUE.

A.P. NO.: 998-5351-14

EXHIBIT A
1077
Subordination & Intercreditor Agreement 1 Owls Landing
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WHEN RECORDED MAIL TO:

Sidley Austin LLP
787 Seventh Avenue
New York, New York 10019
Attention: Aviva Yakren, Esq.

SUBORDINATION AND INTERCREDITOR AGREEMENT
THIS SUBORDINATION AND INTERCREDITOR AGREEMENT (this
“Agreement”) dated as of ________________, 2026, is made by and between THE CITY OF LIVERMORE, a public body, corporate and politic, as the successor entity to the former Redevelopment Agency of the City of Livermore (“Junior Lender”) and CAPITAL ONE, NATIONAL ASSOCIATION, a national banking association (“Senior Lender”) and acknowledged by OWLS LANDING, L.P., a California limited partnership (“Borrower”). The date of this Agreement as set forth above is for reference purposes only, and this Agreement will not be effective and binding until the Closing Date (as defined in the Borrower Loan Agreement).

RECITALS:

A. Borrower has applied to the California Housing Finance Agency, a public instrumentality and political subdivision of the State of California (“Governmental Lender”), for a loan (the “Senior Loan”) for the acquisition, construction, rehabilitation, development, equipping and/or operation of a 72-unit multifamily rental housing project, located in the City of Livermore, Alameda County, California, known or to be known as Owls Landing (the “Property”).

B. The Senior Loan is evidenced by (i) that certain Promissory Note (Borrower Loan Note) (Tax Exempt) in the maximum principal amount of $[____] (the “Original Tax Exempt Note”) and (ii) that certain Promissory Note (Borrower Loan Note) (Taxable) in the maximum principal amount of $[____] (the “Original Taxable Note”), each dated as of the Closing Date, made by Borrower payable to the order of Governmental Lender (collectively, the “Original Note”) and that certain Borrower Loan Agreement, dated as of the date hereof, by and between Borrower and Governmental Lender (the “Borrower Loan Agreement”).

C. The Senior Loan is secured by, among other things, that certain Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing, dated as of the Closing Date hereof, executed by Borrower for the benefit of Governmental Lender (as the same may from time to time be extended, consolidated, substituted for, modified, increased, amended and supplemented, “Original Security Instrument”), which Original Security Instrument recorded concurrently herewith in Alameda County, California (“Official Records”) encumbers the Property.

EXHIBIT B
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Subordination & Intercreditor Agreement 2 Owls Landing
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D. Borrower requested that Senior Lender enter into that certain Funding Loan Agreement, dated as of the date hereof, by and between Governmental Lender and Senior Lender, pursuant to which Senior Lender will make a loan to Governmental Lender (the “Funding Loan”), the proceeds of which will be used to make the Senior Loan to Borrower pursuant to the Borrower Loan Agreement.

E. The Senior Note, the Senior Security Instrument and the Borrower Loan Documents (as defined in the Borrower Loan Agreement) have each been assigned by Governmental Lender to Senior Lender to secure the Funding Loan. The Borrower and Senior Lender have entered into that certain Construction Disbursement Agreement dated as of the Closing Date (the “Construction Disbursement Agreement”) regarding disbursement of the Senior Loan during construction and other matters more fully set forth therein.

F. Pursuant to that certain Forward Purchase Agreement, dated as of the date hereof (“Forward Purchase Agreement”) by and among Senior Lender, Borrower and Citibank, N.A. (“Permanent Lender”), Senior Lender has agreed to sell and Permanent Lender has agreed to purchase, subject to the terms and conditions set forth therein, a portion of the principal amount of the Senior Loan (the “Permanent Loan”). In connection with such purchase, Senior Lender shall assign to Permanent Lender all its rights under the Senior Security Instrument, the Senior Note and certain of the Senior Loan Documents, and Permanent Lender shall assume the role of Senior Lender hereunder, with all rights and powers thereof on the “Conversion Date” (as defined in the Forward Purchase Agreement) (the “Conversion Date”).

G. From and after the Conversion Date and the Permanent Lender’s acquisition of a portion of the Senior Loan, the Senior Loan shall be evidenced by that certain Amended and Restated Multifamily Note, which note will be dated as of the Conversion Date (the “Amended and Restated Senior Note”), and shall be secured by that certain Amended and Restated Multifamily Deed of Trust, Assignment of Rents, Security Agreement and Fixture Filing (“Amended and Restated Senior Security Instrument”), to be recorded in the Official Records on or around the Conversion Date. The Permanent Loan shall be governed by the terms of that certain Loan Covenant Agreement between Permanent Lender and Borrower (the “Loan Covenant Agreement”). Junior Lender acknowledges that if Permanent Lender should become the owner and holder of the Senior Loan, then Permanent Lender shall become the “Senior Lender” hereunder, the “Senior Note” shall be the Amended and Restated Note, the Amended and Restated Security Instrument shall be the Senior Security Instrument, and this Agreement shall continue to inure to the benefit of Permanent Lender, as Senior Lender, and its successors and assigns.

H. Junior Lender made a loan (the “Junior Loan”) to Livermore Housing Associates, a California limited partnership (the “Original Borrower”), in the principal amount of $[7,009,708], which Junior Loan is being assumed by Borrower pursuant to that certain Assignment and Assumption and Amendment to Loan Documents, dated as of the Closing Date, by and among, Borrower, Original Borrower and Junior Lender (the “Assignment and Assumption Agreement”), which Junior Loan is evidenced by that certain Promissory Note, dated as of January 12, 1998, made by Original Borrower to Junior Lender and assumed by Borrower pursuant to the Assignment and Assumption Agreement (the “Junior Note”) and secured by, the Junior Security Instrument (as hereinafter defined) encumbering the Property, and will be

EXHIBIT B
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Subordination & Intercreditor Agreement 3 Owls Landing
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advanced to Borrower pursuant to that certain Loan Agreement (the “Junior Loan Agreement”), dated as of January 12, 1998, between Borrower and Junior Lender.

I. As a condition to the making of the Senior Loan, Senior Lender requires that Junior Lender execute and deliver this Agreement prior to the making of the Junior Loan and the granting of the Junior Security Instrument by Borrower.

NOW, THEREFORE, for Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and to induce the making of the Senior Loan and to induce Senior Lender to consent to the Junior Loan and the Junior Security Instrument, Junior Lender hereby agrees as follows:

1. Definitions. Capitalized terms used but not defined in this Agreement shall have the meanings ascribed thereto in the Senior Security Instrument. As used in this Agreement, the terms set forth below shall have the respective meanings indicated:
“Bankruptcy Proceeding” means any bankruptcy, reorganization, insolvency, composition, restructuring, dissolution, liquidation, receivership, assignment for the benefit of creditors, or custodianship action or proceeding under any federal or state law with respect to Borrower, any guarantor of any of the Senior Indebtedness, any of their respective properties, or any of their respective partners, members, officers, directors, or shareholders. “Casualty” means the occurrence of damage to or loss of any of the Property by fire or other casualty.
“Condemnation” means any proposed or actual condemnation or other taking, or conveyance in lieu thereof, of all or any part of the Property, whether direct or indirect. “Declaration” means that certain Declaration of Restrictive Covenants dated as of January 12, 1998, as assumed by the Borrower pursuant to the Assignment and Assumption Agreement, the Assignment and Assumption Agreement, dated as of the Closing Date by and between Junior Lender
“Enforcement Action” means any exercise of any of Junior Lender’s remedies under the Declaration or the Junior Security Instrument or any of the other Junior Loan Documents, including, without limitation, any of the following: (i) the acceleration of all or any part of the Junior Indebtedness, (ii) the commencement of any judicial or non-judicial action or proceeding to enforce any obligation of Borrower under any of the Junior Loan Documents, collect any monies payable to Borrower or have a receiver appointed to collect any monies payable to Borrower, or foreclose the lien(s) created by the Junior Security Instrument, (iii) the filing or joining in the filing of any involuntary Bankruptcy Proceeding against Borrower or any person or entity which owns a direct or indirect interest in Borrower, (iv) the advertising of or commencement of any foreclosure or trustee’s sale proceedings, (v) the exercise of any power of sale, (vi) the acceptance of a deed or assignment in lieu of foreclosure or sale, (vii) the collecting of Rents, (viii) the obtaining of or seeking of the appointment of a receiver, (ix) the seeking of default interest, (x) the taking of possession or control of any of the Property, (xi) the commencement of any suit or other legal, administrative, or arbitration proceeding based upon the Junior Note or any other of the Junior Loan Documents, (xii) the exercising of any banker’s lien or rights of set-off or recoupment,

EXHIBIT B
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Subordination & Intercreditor Agreement 4 Owls Landing
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or (xiii) the taking of any other enforcement action against Borrower, any other party liable for any of the Junior Indebtedness or obligated under any of the Junior Loan Documents, or the Property.
“Enforcement Action Notice” means a written notice from Junior Lender to Senior Lender, given following a Junior Loan Default and the expiration of any notice or cure periods provided for such Junior Loan Default in the Junior Loan Documents, setting forth in reasonable detail the Enforcement Action proposed to be taken by Junior Lender. “Junior Indebtedness” means all indebtedness of any kind at any time evidenced or secured by, or arising under, the Junior Loan Documents, whether incurred, arising or accruing before or after the filing of any Bankruptcy Proceeding.
“Junior Loan Default” means any act, failure to act, event, condition, or occurrence which constitutes, or which with the giving of notice or the passage of time, or both, would constitute, an “Event of Default” as defined in the Junior Security Instrument or a default under the Declaration and the expiration of any notice or cure periods provided for such default in the Declaration, notwithstanding that the Declaration is not one of the Junior Loan Documents. “Junior Loan Documents” means, collectively, the Junior Note, the Junior Security Instrument, the Junior Loan Agreement, and all other documents evidencing, securing or delivered in connection with the Junior Loan, all of which are listed on Exhibit B attached hereto, together with such modifications, amendments and supplements thereto as are approved in writing by Senior Lender prior to their execution, but expressly excluding the Declaration. “Junior Security Instrument” means that certain Construction and Permanent Deed of Trust and Assignment of Rents, dated as of January 12, 1998, made by Original Borrower for the benefit of Junior Lender, as assumed by Borrower pursuant to the Assignment and Assumption Agreement, as the same may from time to time be extended, consolidated, substituted for, modified, amended or supplemented upon receipt of the consent of Senior Lender. “Loan Agreement” means, collectively, the Borrower Loan Agreement and the Construction Disbursement Agreement.
“Loss Proceeds” means all monies received or to be received under any insurance policy, from any condemning authority, or from any other source, as a result of any Condemnation or Casualty.
“Property” means (i) the land and improvements known or to be known as Owls Landing, located in the City of Livermore, Alameda County, State of California, which Property is more particularly described on Exhibit A attached hereto, and (ii) all furniture, fixtures and equipment located at such apartments and other property, accounts, deposits and rights and interests of Borrower encumbered by the Senior Security Instrument and/or the other Senior Loan Documents. “Senior Indebtedness” means all indebtedness of any kind at any time evidenced or secured by, or arising under, the Senior Loan Documents, whether incurred, arising or accruing before or after the filing of any Bankruptcy Proceeding.

EXHIBIT B
1081
Subordination & Intercreditor Agreement 5 Owls Landing
4929-9394-2170v.3
“Senior Loan Default” means any act, failure to act, event, condition, or occurrence which constitutes, or which with the giving of notice or the passage of time, or both, would constitute, an “Event of Default” as defined in the Senior Security Instrument. “Senior Loan Documents” means, collectively, the Senior Security Instrument, the Senior Note, the Loan Agreement and all of the other documents, instruments and agreements now or hereafter evidencing, securing or otherwise executed in connection with the Senior Loan, as the same may from time to time be extended, consolidated, substituted for, modified, increased, amended and supplemented in accordance with the provisions of this Agreement. From and after the Conversion Date and Permanent Lender’s purchase of the Senior Loan, all documents executed in connection with the Permanent Loan shall be deemed Senior Loan Documents, including, but not limited to the Loan Covenant Agreement, the Amended and Restated Senior Note and the Amended and Restated Senior Security Instrument.
“Senior Note” means the Original Note, as the same may from time to time be extended, consolidated, substituted for, modified, increased, amended and supplemented. From and after the Conversion Date and the Permanent Lender’s purchase of the Senior Loan, the Amended and Restated Senior Note shall be deemed the Senior Note.
“Senior Security Instrument” means the Original Security Instrument, as the same may from time to time be extended, consolidated, substituted for, modified, increased, amended and supplemented. From and after the Conversion Date and the Permanent Lender’s purchase of the Senior Loan, the Amended and Restated Senior Security Instrument shall be deemed the Senior Security Instrument.

2. Junior Loan and Junior Loan Documents are Subordinate; Acts by Senior Lender do not Affect Subordination.
(a) Junior Lender hereby covenants and agrees on behalf of itself and its successors and permitted assigns that the Junior Indebtedness is and shall at all times continue to be, subordinate, subject and inferior (in payment and priority) to the prior payment in full of the Senior Indebtedness, and that the liens, rights, payment interests, priority interests and security interests granted to Junior Lender in connection with the Junior Loan and under the Junior Loan Documents are, and are hereby expressly acknowledged to be in all respects and at all times, subject, subordinate and inferior in all respects to the liens, rights, payment, priority and security interests granted to Senior Lender under the Senior Loan and the Senior Loan Documents and the terms, covenants, conditions, operations and effects thereof.
(b) Except as expressly set forth herein, repayment of the Junior Indebtedness, is and shall be postponed and subordinated to repayment in full of the Senior Loan. Prior to a Senior Loan Default (regardless of whether such Senior Loan Default occurs prior to or during the pendency of a Bankruptcy Proceeding), Junior Lender shall be entitled to receive and retain payments made pursuant to and in accordance with the terms of the Junior Loan Documents; provided, however, that no such payment is made more than ten (10) days in advance of the due date thereof. Junior Lender agrees that from and after such time as it has received from either Senior Lender or Borrower written notice that a Senior

EXHIBIT B
1082
Subordination & Intercreditor Agreement 6 Owls Landing
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Loan Default then exists (which has not been expressly waived in writing by Senior Lender) or otherwise has actual knowledge of such a Senior Loan Default, Junior Lender shall not receive or accept any payments under the Junior Loan. If (i) Junior Lender receives any payment, property, or asset of any kind or in any form on account of the Junior Indebtedness (including, without limitation, any proceeds from any Enforcement Action) after a Senior Loan Default of which Junior Lender has actual knowledge or has been given notice, or (ii) Junior Lender receives, voluntarily or involuntarily, by operation of law or otherwise, any payment, property, or asset in or in connection with any Bankruptcy Proceeding, such payment, property, or asset will be received and held in trust for Senior Lender. Junior Lender will promptly remit, in kind and properly endorsed as necessary, all such payments, properties, and assets to Senior Lender. Senior Lender shall apply any payment, asset, or property so received from Junior Lender to the Senior Indebtedness in such order, amount (with respect to any asset or property other than immediately available funds), and manner as Senior Lender shall determine in its sole and absolute discretion. (c) Without limiting the complete subordination of the Junior Indebtedness to the payment in full of the Senior Indebtedness, in any Bankruptcy Proceeding, upon any payment or distribution (whether in cash, property, securities, or otherwise) to creditors (i) the Senior Indebtedness shall first be paid in full in cash before Junior Lender shall be entitled to receive any payment or other distribution on account of or in respect of the Junior Indebtedness, and (ii) until all of the Senior Indebtedness is paid in full in cash, any payment or distribution to which Junior Lender would be entitled but for this Agreement (whether in cash, property, or other assets) shall be made to Senior Lender. (d) The subordination of the Junior Indebtedness shall continue in the event that any payment under the Senior Loan Documents (whether by or on behalf of Borrower, as proceeds of security or enforcement of any right of set-off or otherwise) is for any reason repaid or returned to Borrower or its insolvent estate, or avoided, set aside or required to be paid to Borrower, a trustee, receiver or other similar party under any bankruptcy, insolvency, receivership or similar law. In such event, the Senior Indebtedness or part thereof originally intended to be satisfied shall be deemed to be reinstated and outstanding to the extent of any repayment, return, or other action, as if such payment on account of the Senior Indebtedness had not been made.
(e) The subordination of the Junior Loan Documents and of the Junior Indebtedness shall apply and continue notwithstanding (i) the actual date and time of execution, delivery, recording, filing or perfection of the Senior Security Instrument and other Senior Loan Documents and of the Junior Security Instrument and other Junior Loan Documents, and (ii) the availability of any collateral to Senior Lender, including the availability of any collateral other than the Property. (f) By reason of, and without in any way limiting, the full subordination of the Junior Indebtedness and the Junior Loan Documents provided for in this Agreement, all rights and claims of Junior Lender under the Junior Security Instrument or under the Junior Loan Documents in or to the Property or any portion thereof, the proceeds thereof, the Leases thereof, the Rents, issues and profits therefrom, and the Loss Proceeds payable with respect thereto, are expressly subject and subordinate in all respects to the rights and claims

EXHIBIT B
1083
Subordination & Intercreditor Agreement 7 Owls Landing
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of Senior Lender under the Senior Loan Documents in and to the Property or any portion thereof, the proceeds thereof, the Leases thereof, the Rents, issues and profits therefrom, and the Loss Proceeds payable with respect thereto.
(g) If Junior Lender, by indemnification, subrogation or otherwise, shall acquire any lien, estate, right or other interest in any of the Property, that lien, estate, right or other interest shall be fully subject and subordinate to the receipt by Senior Lender of payment in full of the Senior Indebtedness, and to the Senior Loan Documents, to the same extent as the Junior Indebtedness and the Junior Loan Documents are subordinate pursuant to this Agreement.
(h) In confirmation, and not as a condition, of the subordination of the Junior Indebtedness and the Junior Loan Documents provided for in this Agreement, the Junior Note shall be deemed to contain a notice to the following effect:
“The indebtedness evidenced by this Note is and shall be subordinate in right of payment to the prior payment in full of all amounts then due and payable (including, but not limited to, all amounts due and payable by virtue of any default or acceleration or upon maturity) with respect to the indebtedness evidenced by the Borrower Loan Note (as defined by that certain Leasehold Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing by the Borrower in favor of the California Housing Finance Agency and assigned to Capital One, National Association), in the original aggregate maximum principal amount of $[___], executed by Borrower and payable to the California Housing Finance Agency and endorsed and assigned to Capital One, National Association (“Senior Lender”), to the extent and in the manner provided in that certain Subordination and Intercreditor Agreement, dated as of [May] 1, 2026, between Senior Lender and the holder of this Note (the “Subordination Agreement”). The rights and remedies of the payee and each subsequent holder of this Note shall be deemed, by virtue of such holder’s acquisition of this Note, to have agreed to perform and observe all of the terms, covenants and conditions to be performed or observed by the “Junior Lender” under the Subordination Agreement.”
(i) Junior Lender hereby acknowledges and agrees that Senior Lender may, without the consent or approval of Junior Lender, agree with Borrower to extend, consolidate, modify, increase or amend any or all the Senior Loan Documents and otherwise act or fail to act with respect to any matter set forth in any Senior Loan Document (including, without limitation, the exercise of any rights or remedies, waiver, forbearance or delay in enforcing any rights or remedies, the declaration of acceleration, the declaration of defaults or events of default, the release, in whole or in part, of any collateral or other property, and any consent, approval or waiver), and all such extensions, consolidations, modifications, amendments acts and omissions shall not release, impair or otherwise affect Junior Lender’s obligations and agreements hereunder.

3. Junior Lender Agreements.

EXHIBIT B
1084
Subordination & Intercreditor Agreement 8 Owls Landing
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(a) Without the prior written consent of Senior Lender in each instance, Junior Lender shall not (i) amend, modify, waive, extend, renew or replace any provision of any of the Junior Loan Documents, or (ii) pledge, assign, transfer, convey, or sell any interest in the Junior Indebtedness or any of the Junior Loan Documents; or (iii) accept any payment on account of the Junior Indebtedness other than a regularly scheduled payment of interest or principal and interest made not earlier than ten (10) days prior to the due date thereof; or (iv) take any action which has the effect of increasing the Junior Indebtedness; or (v) appear in, defend or bring any action in connection with the Property; or (vi) take any action concerning environmental matters affecting the Property. Regardless of any contrary provision in the Junior Loan Documents, Junior Lender shall not collect payments for the purpose of escrowing for any cost or expense related to the Property or for any portion of the Junior Indebtedness.
(b) Junior Lender hereby agrees that Senior Lender may, at its option (but without any obligation to do so), at any time (including during the pendency of a Bankruptcy Proceeding), purchase the Junior Loan at par (and without liability for any prepayment premiums or liquidated damages set forth in the Junior Loan Documents).

Such transfer and assignment of the Junior Loan shall be without representation or recourse, except that Junior Lender shall represent that it is the sole holder of the Junior Loan, that it has authority to assign and convey the Junior Loan Documents, that, to the best of its knowledge, there are no defaults or breaches under the Junior Loan Documents, and as to the total amount then outstanding under the Junior Loan. . Junior Lender shall give Senior Lender a concurrent copy of each notice of a Junior Loan Default, Enforcement Action Notice or other material notice given by Junior Lender under the Junior Loan Documents. Notwithstanding any contrary provision in the Junior Loan Documents, Senior Lender shall have the right, but shall not have any obligation, to cure any Junior Loan Default until ninety (90) days following Senior Lender’s receipt of an Enforcement Action Notice given by Junior Lender as a consequence of the Junior Loan Default. Senior Lender shall not be subrogated to the rights of Junior Lender under the Junior Loan Documents by reason of Senior Lender having cured any Junior Loan Default. However, Junior Lender acknowledges that all amounts advanced or expended by Senior Lender to cure a Junior Loan Default shall be added to and become a part of the Senior Indebtedness pursuant to the terms of the Senior Security Instrument.
(c) In the event and to the extent that each of Senior Lender and Junior Lender have under their respective loan documents certain approval or consent rights over the same subject matters (regardless of whether the obligations or rights are identical or substantially identical), Junior Lender agrees that Senior Lender shall exercise such approval rights on behalf of both Senior Lender and Junior Lender, and Junior Lender shall have no right to object to any such action or approval taken by Senior Lender and shall consent thereto and be bound thereby. Without limiting the generality of the foregoing, Senior Lender shall have all approval, consent and oversight rights in connection with any insurance claims relating to the Property, any decisions regarding the use of insurance proceeds after a casualty loss or condemnation awards, the hiring or firing of property managers, or otherwise related in any way to the Property, and Junior Lender shall have no right to object to any such action or approval taken by Senior Lender and shall consent thereto and be bound thereby.

EXHIBIT B
1085
Subordination & Intercreditor Agreement 9 Owls Landing
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(d) Junior Lender agrees that in any action commenced to enforce the obligation of Borrower to pay any portion of the Junior Indebtedness, the judgment shall not be enforceable personally against Borrower or Borrower’s assets, and the recourse of Junior Lender for the collection of the Junior Indebtedness shall be limited to actions against the Property and the rents, profits, issues, products, and income from the Property. (e) Junior Lender shall not commence or join with any other creditor in commencing any Bankruptcy Proceeding involving Borrower, and Junior Lender shall not initiate and shall not be a party to any action, motion or request, in a Bankruptcy Proceeding involving any other person or entity, which seeks the consolidation of some or all of the assets of Borrower into such Bankruptcy Proceeding. In the event of any Bankruptcy Proceeding relating to Borrower or the Property or, in the event of any Bankruptcy Proceeding relating to any other person or entity into which (notwithstanding the covenant in the first sentence of this clause) the assets or interests of Borrower are consolidated, then in either event, the Senior Loan shall first be paid in full before Junior Lender shall be entitled to receive and retain any payment or distribution in respect to the Junior Loan.

Junior Lender agrees that (i) Senior Lender shall receive all payments and distributions of every kind or character in respect of the Junior Loan to which Junior Lender would otherwise be entitled, but for the subordination provisions of this Agreement (including without limitation, any payments or distributions during the pendency of a Bankruptcy Proceeding involving Borrower or the Property), and (ii) the subordination of the Junior Loan and the Junior Loan Documents shall not be affected in any way by Senior Lender electing, under Section 1111(b) of the federal bankruptcy code, to have its claim treated as being a fully secured claim. In addition, Junior Lender hereby covenants and agrees that, in connection with a Bankruptcy Proceeding involving Borrower, neither Junior Lender nor any of its affiliates shall (i) make or participate in a loan facility to or for the benefit of Borrower on a basis that is senior to or pari passu with the liens and interests held by Senior Lender pursuant to the Senior Loan Documents, (ii) not vote affirmatively in favor of any plan of reorganization or liquidation unless Senior Lender has also voted affirmatively in favor of such plan, and (iii) not contest the continued accrual of interest on the Senior Indebtedness, in accordance with and at the rates specified in the Senior Loan Documents, both for periods before and for periods after the commencement of such Bankruptcy Proceedings. Junior Lender shall execute and deliver to Senior Lender powers of attorney, assignments or other instruments as may be requested by Senior Lender in order to enable it to exercise the above-described authority or powers with respect to any or all of the Junior Loan Documents, and to collect and receive any and all payments or distributions which may be payable or deliverable at any time upon or with respect to any of the Junior Loan Documents to Junior Lender.
(f) Junior Lender covenants and agrees that the effectiveness of this Agreement and the rights of Senior Lender hereunder shall be in no way impaired, affected, diminished or released by any renewal or extension of the time of payment of the Senior Loan, by any delay, forbearance, failure, neglect or refusal of Senior Lender in enforcing payment thereof or in enforcing the lien of or attempting to realize upon the Senior Loan Documents or any other security which may have been given or may hereafter be given for the Senior Loan, by any waiver or failure to exercise any right or remedy under the Senior Loan Documents, or by any other act or failure to act by Senior Lender. Junior Lender

EXHIBIT B
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Subordination & Intercreditor Agreement 10 Owls Landing 4929-9394-2170v.3
acknowledges that Senior Lender, at its sole option, may release all or any portion of the Property from the lien of the Senior Security Instrument, and may release or waive any guaranty, surety or indemnity providing additional collateral to Senior Lender, and Junior Lender hereby waives any legal or equitable right in respect of marshaling it might have, in connection with any release of all or any portion of the Property by Senior Lender, to require the separate sales of any portion of the Property or to require Senior Lender to exhaust its remedies against any portion of the Property or any other collateral before proceeding against any other portion of the Property or other collateral (including guarantees) for the Senior Loan. Senior Lender may pursue all rights and remedies available to it under the Senior Loan Documents, at law, or in equity, regardless of any Enforcement Action Notice or Enforcement Action by Junior Lender. At any time or from time to time and any number of times, without notice to Junior Lender and without affecting the liability of Junior Lender, (a) the time for payment of the Senior Indebtedness may be extended or the Senior Indebtedness may be renewed in whole or in part; (b) the time for Borrower’s performance of or compliance with any covenant or agreement contained in the Senior Loan Documents, whether presently existing or hereinafter entered into, may be extended or such performance or compliance may be waived; (c) the maturity of the Senior Indebtedness may be accelerated as provided in the Senior Loan Documents; (d) any Senior Loan Document may be extended, consolidated, modified or amended by Senior Lender and Borrower in any respect, including, but not limited to, an increase in the principal amount; and (e) any security for the Senior Indebtedness may be modified, exchanged, surrendered or otherwise dealt with or additional security may be pledged or mortgaged for the Senior Indebtedness. If, after the occurrence of a Senior Loan Default, Senior Lender acquires title to any of the Property pursuant to a mortgage foreclosure conducted in accordance with applicable law, the lien, operation, and effect of the Junior Security Instrument and other Junior Loan Documents automatically shall terminate with respect to such Property upon Senior Lender’s acquisition of title. (g) Junior Lender acknowledges that it entered into the transactions contemplated by the Junior Loan Documents and made the Junior Loan to Borrower without reliance upon any information or advice from Senior Lender. Junior Lender made its own underwriting analysis in connection with the Junior Loan, its own credit review of Borrower, and investigated all matters pertinent, in Junior Lender’s judgment, to its determination to make the Junior Loan to Borrower. Junior Lender acknowledges that it is a sophisticated, experienced commercial lender, and was represented by competent counsel in connection with this Agreement.
(h) Junior Lender hereby represents and warrants that, as of the date hereof, the entire proceeds of the Junior Loan have been disbursed to Borrower. Junior Lender hereby further represents and warrants that: (i) Junior Lender is now the owner and holder of the Junior Loan Documents; (ii) the Junior Loan Documents are now in full force and effect; (iii) the Junior Loan Documents have not been modified or amended; (iv) no default or event which, with the passing of time or giving of notice would constitute a default, under the Junior Loan Documents has occurred; (v) the current outstanding principal balance of the Junior Indebtedness is $[7,009,708]; (vi) no scheduled monthly payments under the Junior Loan Documents have been or will be prepaid except with the prior written consent of Senior Lender; (vii) none of the rights of Junior Lender under any of the Junior Loan

EXHIBIT B
1087
Subordination & Intercreditor Agreement 11 Owls Landing 4929-9394-2170v.3
Documents are subject to the rights of any third parties, by way of subrogation, indemnification or otherwise; and (viii) there are no other Junior Loan Documents other than those listed on Exhibit B hereto. Borrower further represents and warrants that it has provided to Senior Lender a true, complete, and correct copy of all the Junior Loan Documents.
(i) Junior Lender hereby agrees that notwithstanding anything to the contrary in the Junior Loan Documents, for so long as the Senior Loan is outstanding, (i) the maturity date of the Junior Note shall occur no earlier than ninety (90) days after the maturity date of the Senior Note, and (ii) Borrower shall not be obligated to pay more than seventy-five percent (75%) of Excess Cash Flow (as defined herein) in payments under the Junior Note and under other debt subordinate to the Senior Loan. For the purposes hereof, the following definitions shall apply:
“Excess Cash Flow” shall mean, for any period, Gross Revenues for such period less the sum of (i) Expenses of the Property for such period, and (ii) without duplication, all amounts due on the Senior Loan Obligations for such period. “Expenses of the Property” shall mean, for any period, the current expenses, paid or accrued, of operation, maintenance and current repair of the Property, as calculated in accordance with GAAP, and shall include, without limiting the generality of the foregoing, salaries, wages, employee benefits, cost of materials and supplies, costs of routine repairs, renewals, replacements and alterations occurring in the usual course of business, costs and expenses properly designated as capital expenditures (e.g. repairs which would not be payable from amounts on deposit in a repair and replacement fund held pursuant to the Loan Documents), a management fee (however characterized) not to exceed [__]% of Gross Revenues, costs of billings and collections, costs of insurance, and costs of audits.

Expenses of the Property shall not include any payments, however characterized, on account of the Junior Loan or any other subordinate financing in respect of the Property or other indebtedness, allowance for depreciation, amortization or other non-cash items, gains and losses or prepaid expenses not customarily prepaid. “Gross Revenues” shall mean all receipts, revenues, income and other moneys received by or on behalf of Borrower and derived from the ownership or operation of the Property, and all rights to receive the same, whether in the form of accounts, accounts receivable, contract rights or other rights, and the proceeds of such rights, and whether now owned or held or hereafter coming into existence and proceeds received upon the foreclosure sale of the Property. Gross Revenues shall not include loan proceeds, equity or capital contributions, or tenant security deposits being held by Borrower in accordance with the applicable law.
“Senior Loan Obligations” shall mean and includes, collectively, and without limitation, each of the following: (A) all debt service payments due on the Senior Indebtedness, (B) all obligations of Borrower under the Senior Loan Documents, (C) all capital expenditures required for the proper maintenance of the Property in accordance with the Senior Loan Documents, as calculated by Borrower in accordance with customarily accepted cash basis accounting principles, consistently applied, and in accordance with the

EXHIBIT B
1088
Subordination & Intercreditor Agreement 12 Owls Landing 4929-9394-2170v.3
terms of the Senior Loan Documents; (D) all amounts required to be deposited into any replacement reserve, completion/repair reserve, operating deficit reserve, principal repayment reserve, replacement hedge reserve or other reserve or escrow established or required by Senior Lender or Servicer in connection with the Senior Loan and the Senior Loan Documents, including the Senior Security Instrument, and (E) all fees, costs and expenses of Senior Lender and Servicer in connection with the Senior Loan.

4. Standstill Agreement; Right to Cure Senior Loan Default. (a) Until such time as any of the Senior Indebtedness has been repaid in full and the Senior Security Instrument has been released and discharged, Junior Lender shall not without the prior written consent of Senior Lender, which may be withheld in Senior Lender’s sole and absolute discretion, take any Enforcement Action, prior to the expiration of one hundred eighty (180) days following Senior Lender’s receipt of an Enforcement Action Notice given by that Junior Lender as a consequence of a Junior Loan Default, including, without limitation, (i) accelerate the Junior Loan, (ii) exercise any of Junior Lender’s remedies under the Junior Security Instrument or any of the other Junior Loan Documents (including, without limitation, the commencement of any judicial or nonjudicial action or proceeding (a) to enforce any obligation of Borrower under any of the Junior Loan Documents, (b) to collect any monies payable to Borrower, (c) to have a receiver appointed to collect any monies payable to Borrower; or (d) to foreclose the lien(s) created by the Junior Security Instrument) or (iii) file or join in the filing of any involuntary Bankruptcy Proceeding against Borrower or any person or entity which owns a direct or indirect interest in Borrower; provided, however, that such limitation on the remedies of Junior Lender shall not derogate or otherwise limit Junior Lender’s rights, following an event of default under the Junior Loan Documents to (a) compute interest on all amounts due and payable under the Junior Loan at the default rate described in the Junior Loan Documents, (b) compute prepayment premiums and late charges, (c) enforce against any person, other than Borrower and any guarantors or indemnitors under the Senior Loan Documents, any guaranty of the obligations of Borrower under the Junior Loan, and (d) bring an action for equitable relief seeking the specific performance of the terms and conditions of the Declaration.
(b) Senior Lender shall, simultaneously with the sending of any notice of a Senior Loan Default to Borrower, send to Junior Lender a copy of said notice under the Senior Loan Documents; provided, however, failure to do so shall not affect the validity of such notice or any obligation of Borrower to Senior Lender and shall not affect the relative priorities between the Senior Loan and the Junior Loan as set forth herein. Borrower covenants and agrees to forward to Junior Lender, within three (3) business days of Borrower’s receipt thereof, a copy of any notice of a Senior Loan Default Borrower receives from Senior Lender.
(c) Junior Lender shall have the right, but shall have no obligation, to cure any Senior Loan Default; provided, if Junior Lender shall elect to cure any such Default, it shall so notify Senior Lender and shall commence and complete such curing within any applicable notice or grace period, if any, as Borrower is permitted by the terms of the Senior Loan Documents to cure such Senior Loan Default. Junior Lender shall not be subrogated

EXHIBIT B
1089
Subordination & Intercreditor Agreement 13 Owls Landing 4929-9394-2170v.3
to the rights of Senior Lender under the Senior Loan Documents by reason of Junior Lender having cured any Senior Loan Default. However, Senior Lender acknowledges that, to the extent so provided in the Junior Loan Documents, amounts advanced or expended by Junior Lender to cure a Senior Loan Default may be added to and become a part of the Junior Indebtedness.
(d) Junior Lender agrees that, notwithstanding any contrary provision contained in the Junior Loan Documents, a Senior Loan Default shall not constitute a default under the Junior Loan Documents if no other default occurred under the Junior Loan Documents.
(e) Junior Lender acknowledges that any conveyance or other transfer of title to the Property pursuant to a foreclosure of the Junior Security Instrument (including a conveyance or other transfer of title pursuant to the exercise of a power of sale contained in the Junior Security Instrument), or any deed or assignment in lieu of foreclosure or similar arrangement, shall be subject to the transfer provisions of the Senior Loan Documents; and the person (including Junior Lender) who acquires title to the Property pursuant to the foreclosure proceeding (or pursuant to the exercise of a power of sale contained in the Junior Security Instrument) shall not be deemed to be automatically approved by Senior Lender.

5. Insurance. Junior Lender agrees that all original policies of insurance required pursuant to the Senior Security Instrument shall be held by Senior Lender. The preceding sentence shall not preclude Junior Lender from requiring that it be named as a loss payee, as its interest may appear, under all policies of property damage insurance maintained by Borrower with respect to the Property, provided such action does not affect the priority of payment of the proceeds of property damage insurance under the Senior Security Instrument, or that it be named as an additional insured under all policies of liability insurance maintained by Borrower with respect to the Property.

6. Default. Junior Lender and Borrower acknowledge and agree that a default by either such party under this Agreement shall, at the sole option of Senior Lender, constitute a default under the Senior Loan Documents. Each party hereto acknowledges that in the event any party fails to comply with its obligations hereunder, the other parties shall have all rights available at law and in equity, including the right to obtain specific performance of the obligations of such defaulting party and injunctive relief. No failure or delay on the part of any party hereto in exercising any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy hereunder.

7. Enforcement Costs. Borrower and Junior Lender agree to reimburse Senior Lender for any and all costs and expenses (including reasonable attorneys’ fees) incurred by Senior Lender in connection with enforcing its rights against Junior Lender under this Agreement.

8. Notices. Any notice which any party hereto may be required or may desire to give hereunder shall be deemed to have been given and shall be effective only if it is in writing and (i) delivered personally, (ii) mailed, postage prepaid, by United State registered or certified mail,

EXHIBIT B
1090
Subordination & Intercreditor Agreement 14 Owls Landing 4929-9394-2170v.3
return receipt requested, (iii) delivered by overnight express courier or (iv) sent by telecopier, in each instance addressed as follows:

To Junior Lender: The City of Livermore
[____]
[____]
Attention: [____]
If to Senior Lender (prior
to the Conversion Date):

Capital One, National Association
299 Park Avenue, 14th Floor
New York, New York 10171
Attention: Community Finance Portfolio Management
with a copy to:

Sidley Austin LLP
787 Seventh Avenue
New York, New York 10019
Attention: Aviva Yakren, Esq.

If to Senior Lender
(following the Conversion
Date):

Citibank, N.A.
388 Greenwich Street, Trading 4th Floor
New York, New York 10013
Attention: Transaction and Asset Management Group
Re: Owls Landing, Deal ID [___]
Facsimile: (212) 723-8209
With a copy to: Transaction and Asset Management Group/Post Closing Citi Community Capital
3800 Citibank Center
Tampa, Florida 33610
Re: Owls Landing, Deal ID [___]
AND
Citibank N.A.
c/o Berkadia Commercial Servicing Department
323 Norristown Road, Suite 300
Ambler, Pennsylvania 19002
Attention: Client Relations Manager
Re: Owls Landing, Deal ID [___]
Facsimile: (215) 328-0305
And a copy of any notices
of default sent to:

Citibank, N.A.
388 Greenwich Street, 17th Floor
New York, New York 10013

EXHIBIT B
1091
Subordination & Intercreditor Agreement 15 Owls Landing 4929-9394-2170v.3
Attention: General Counsel’s Office
Re: Owls Landing, Deal ID [___]
Facsimile: (646) 291-5754
or at such other addresses or to the attention of such other persons as may from time to time be designated by the party to be addressed by written notice to the other in the manner herein provided. Notices, demands and requests given in the manner aforesaid shall be deemed sufficiently served or given for all purposes hereunder when received or when delivery is refused or when the same are returned to sender for failure to be called for.

9. WAIVER OF TRIAL BY JURY. TO THE MAXIMUM EXTENT PERMITTED

UNDER APPLICABLE LAW, EACH OF THE PARTIES HERETO (A) COVENANTS AND

AGREES NOT TO ELECT A TRIAL BY JURY WITH RESPECT TO ANY ISSUE ARISING

OUT OF THIS AGREEMENT OR THE RELATIONSHIP BETWEEN THE PARTIES THAT IS

TRIABLE OF RIGHT BY A JURY AND (B) WAIVES ANY RIGHT TO TRIAL BY JURY

WITH RESPECT TO SUCH ISSUE TO THE EXTENT THAT ANY SUCH RIGHT EXISTS NOW OR IN THE FUTURE. THIS WAIVER OF RIGHT TO TRIAL BY JURY IS

SEPARATELY GIVEN BY EACH PARTY, KNOWINGLY AND VOLUNTARILY WITH THE BENEFIT OF COMPETENT LEGAL COUNSEL. IF FOR ANY REASON THIS WAIVER IS

DEEMED TO BE UNENFORCEABLE, ALL SUCH DISPUTES SHALL BE RESOLVED BY JUDICIAL REFERENCE PURSUANT TO THE PROVISIONS OF SECTION 6.23 OF THE

CONSTRUCTION DISBURSEMENT AGREEMENT, AND FOLLOWING THE
CONVERSION DATE, SECTION 43(J) OF THE AMENDED AND RESTATED SENIOR SECURITY AGREEMENT.

10. Term. The term of this Agreement shall commence on the date hereof and shall continue until the earliest to occur of the following events: (i) the payment of all of the principal of, interest on and other amounts payable under the Senior Loan Documents; (ii) the payment of all of the principal of, interest on and other amounts payable under the Junior Loan Documents, other than by reason of payments which Junior Lender is obligated to remit to Senior Lender pursuant to the terms hereof; (iii) the acquisition by Senior Lender of title to the Property pursuant to a foreclosure, or a deed in lieu of foreclosure, of (or the exercise of a power of sale contained in) the Senior Security Instrument; or (iv) the acquisition by Junior Lender of title to the Property pursuant to a foreclosure, or a deed in lieu of foreclosure, of (or the exercise of a power of sale contained in) the Junior Security Instrument, but only if such acquisition of title does not violate any of the terms of this Agreement.

EXHIBIT B
1092
Subordination & Intercreditor Agreement 16 Owls Landing 4929-9394-2170v.3

11. Miscellaneous.
(a) Junior Lender shall, within ten (10) business days following a request from Senior Lender, provide Senior Lender with a written statement setting forth the then current outstanding principal balance of the Junior Loan, the aggregate accrued and unpaid interest under the Junior Loan, and stating whether, to the knowledge of Junior Lender, any default or event of default exists under the Junior Loan, and containing such other information with respect to the Junior Indebtedness as Senior Lender may require. Upon notice from Senior Lender from time to time, Junior Lender shall execute and deliver such additional instruments and documents, and shall take such actions, as are required by Senior Lender in order to further evidence or effectuate the provisions and intent of this Agreement. (b) This Agreement shall bind and inure to the benefit of all successors and assigns of Junior Lender and Senior Lender. Senior Lender may assign its interest in the Senior Loan Documents without notice to or consent of Junior Lender. Junior Lender may only assign its rights and interests hereunder following the prior written consent of Senior Lender, which consent may be withheld or conditioned in its sole and absolute discretion. (c) Senior Lender hereby consents to the Junior Loan and the Junior Loan Documents; provided, however, that this Agreement does not constitute an approval by Senior Lender of the terms of the Junior Loan Documents. Junior Lender hereby consents to the Senior Loan and the Senior Loan Documents; provided, however, that this Agreement does not constitute an approval by Junior Lender of the terms of the Senior Loan Documents.
(d) This Agreement may be executed in multiple counterparts, each of which shall constitute an original document and all of which together shall constitute one agreement.
(e) IN ALL RESPECTS, INCLUDING, WITHOUT LIMITATION,

MATTERS OF CONSTRUCTION AND PERFORMANCE OF THIS AGREEMENT

AND THE OBLIGATIONS ARISING HEREUNDER, THIS AGREEMENT HAS BEEN

ENTERED INTO AND DELIVERED IN, AND SHALL BE CONSTRUED IN

ACCORDANCE WITH AND GOVERNED BY, THE LAWS OF THE STATE WHERE

THE PROPERTY IS LOCATED, WITHOUT GIVING EFFECT TO ANY PRINCIPLES OF CONFLICTS OF LAW.
(f) Time is of the essence in the performance of every covenant and agreement contained in this Agreement.
(g) If any provision or remedy set forth in this Agreement for any reason shall be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision or remedy of this Agreement and this Agreement shall be construed as if such invalid, illegal or unenforceable provision or remedy had never been set forth herein, but only to the extent of such invalidity, illegality or unenforceability.

EXHIBIT B
1093
Subordination & Intercreditor Agreement 17 Owls Landing 4929-9394-2170v.3
(h) Each party hereto hereby represents and warrants that this Agreement has been duly authorized, executed and delivered by it and constitutes a legal, valid and binding agreement enforceable in all material respects in accordance with its terms. (i) Borrower hereby acknowledges and consents to the execution of this Agreement, and agrees to be bound by the provisions hereof that are applicable to Borrower. Solely as between Senior Lender and Junior Lender, all of the signatories below hereby agree that to the extent of any conflict between the terms and provisions of this Agreement and the terms and provisions of the Senior Loan Documents and/or the Junior Loan Documents respectively, the terms and provisions of this Agreement shall govern and control. By executing this Agreement in the place provided below, Borrower hereby (i) acknowledges the provisions hereof, (ii) agrees not to take any action inconsistent with Senior Lender’s rights or Junior Lender’s rights under this Agreement, (iii) waives and relinquishes to the maximum extent permitted by law any and all rights, defenses and claims now existing or hereinafter accruing relating to Junior Lender’s forbearance from exercising any rights and remedies pursuant to Section 4 of this Agreement, including, without limitation, any defenses based on the statute of limitations or any equitable defenses, such as laches, and (iv) acknowledges and agrees that (A) this Agreement is entered into for the sole protection and benefit of Senior Lender and Junior Lender (and their respective successors, assigns and participants), and no other person (including Borrower) shall have any benefits, rights or remedies under or by reason of this Agreement, (B) nothing in this Agreement is intended, or shall be construed to, relieve or discharge the obligations or liabilities of any third party (including Borrower under the Senior Loan Documents and the Junior Loan Documents), (C) neither of them nor any of their affiliates shall be, or be deemed to be, beneficiaries of any of the provisions hereof or have any rights hereunder whatsoever, and (D) no provision of this Agreement is intended to, or shall be construed to, give any such third party (including Borrower) any right subrogating to the rights of, or action against, Senior Lender or Junior Lender. (j) No amendment, supplement, modification, waiver or termination of this Agreement shall be effective against any party unless such amendment, supplement, modification, waiver or termination is contained in a writing signed by such party. (k) No party other than Senior Lender and Junior Lender shall have any rights under, or be deemed a beneficiary of any of the provisions of, this Agreement. (l) Nothing herein or in any of the Senior Loan Documents or Junior Loan Documents shall be deemed to constitute Senior Lender as a joint venturer or partner of Junior Lender.

12. Intentionally Omitted.

13. Refinancing. Junior Lender agrees that Borrower may refinance the Permanent Loan without the prior consent of Junior Lender, and Junior Lender agrees to subordinate the Junior Loan to such refinancing, so long as the only terms being modified in the refinancing and associated subordination are limited to the interest rate, term of the loan, and refinance amount, provided that the refinance amount does not exceed the then-outstanding principal balance of the

EXHIBIT B
1094
Subordination & Intercreditor Agreement 18 Owls Landing 4929-9394-2170v.3
Permanent Loan plus costs of refinancing the Permanent Loan, but only to the extent that such costs are both customary and not unreasonable in amount, but in no event shall such refinance amount exceed the original principal balance of the Permanent Loan.

14. Attached Exhibits.

The following Exhibits are attached to this Agreement and are incorporated by reference herein as if more fully set forth in the text hereof:

Exhibit A – Legal Description
Exhibit B – Junior Loan Documents
Exhibit C – Modifications to Subordination and Intercreditor Agreement The terms of this Agreement are modified and supplemented as set forth in said Exhibits.

To the extent of any conflict or inconsistency between the terms of said Exhibits and the text of this Agreement, the terms of said Exhibits shall be controlling in all respects. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]

EXHIBIT B
1095
Subordination & Intercreditor Agreement S-1Owls Landing 4929-9394-2170v.3
IN WITNESS WHEREOF, the undersigned have duly executed and delivered this Subordination and Intercreditor Agreement or caused this Subordination and Intercreditor Agreement to be duly executed and delivered by their respective authorized representatives as of the date first set forth above.

JUNIOR LENDER:

THE CITY OF LIVERMORE,
a public body, corporate and politic
By: ______________________________________
Name:

Title:

EXHIBIT B
1096
Subordination & Intercreditor Agreement S-2Owls Landing 4929-9394-2170v.3

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA

COUNTY OF
On ______________ before me, _______________________ (here insert name and title of the officer), personally appeared _________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature _______________________________ (Seal)

EXHIBIT B
1097
Subordination & Intercreditor Agreement S-3Owls Landing 4929-9394-2170v.3
SENIOR LENDER:

CAPITAL ONE, NATIONAL ASSOCIATION
By:

Name: Jennifer Seamons
Title: Senior Director

EXHIBIT B
1098
Subordination & Intercreditor Agreement S-4Owls Landing 4929-9394-2170v.3
STATE OF _________ )
) ss.:

COUNTY OF _________ )
On the ___ day of ____________ in the year 2026 before me, the undersigned, a Notary Public in and for said State, personally appeared Jennifer Seamons, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her capacity/ties and that by his/her signature(s) on the instrument, the individual, or the person(s) or entity/ties upon behalf of which the individual acted, executed the instrument. ______________________________
Notary Public

EXHIBIT B
1099
Subordination & Intercreditor Agreement S-5Owls Landing 4929-9394-2170v.3
ACKNOWLEDGED AND AGREED AS OF THE DATE FIRST SET FORTH ABOVE:

BORROWER:

OWLS LANDING, L.P.,
a California limited partnership
By: Owls Landing LLC,
a California limited liability company,
its general partner
By: Eden Investments, Inc.,
a California nonprofit public benefit
corporation,
its member and the manager
By: _________________________
Name: Andrea Osgood
Title: Chief of Real Estate Development &
Executive Vice President

EXHIBIT B
1100
Subordination & Intercreditor Agreement A-0Owls Landing 4929-9394-2170v.3

STATE OF CALIFORNIA

COUNTY OF
On ______________ before me, _______________________ (here insert name and title of the officer), personally appeared Andrea Osgood who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature _______________________________ (Seal)

EXHIBIT B
1101
Subordination & Intercreditor Agreement A-1Owls Landing 4929-9394-2170v.3

EXHIBIT A

LEGAL DESCRIPTION
[NOTE: TO BE INSERTED]

EXHIBIT B
1102
Subordination & Intercreditor Agreement B-1Owls Landing 4929-9394-2170v.3

EXHIBIT B

JUNIOR LOAN DOCUMENTS

1. Junior Loan Agreement

2. Junior Note

3. Junior Security Instrument

4. Assignment and Assumption and Amendment of Loan Documents

EXHIBIT B
1103
Subordination & Intercreditor Agreement C-1Owls Landing 4929-9394-2170v.3

EXHIBIT C

MODIFICATIONS TO

SUBORDINATION AND INTERCREDITOR AGREEMENT
The following modifications are made to the text of the Agreement that precedes this Exhibit:

None.

Capitalized terms used and not defined herein shall have the respective meanings ascribed to them in the Agreement.

EXHIBIT B
1104
CITY COUNCIL STAFF REPORT ITEM NO. 6.22
DATE: May 11, 2026
TO: Honorable Mayor and City Council
FROM: Brent Smith, Community Development Director
SUBJECT: Resolution adopting the Below Market Rate Rental Requirements for affordable units produced through the Inclusionary Housing Ordinance and City-assisted affordable housing developments.

RECOMMENDED ACTION
Staff recommends the City Council adopt a resolution approving the Below Market Rate Rental Requirements for units produced through the Inclusionary Housing Ordinance and City-assisted affordable housing developments.

DECISION TYPE
Administrative

SUMMARY
Staff recommends City Council adopt the proposed Below Market Rate (BMR) Rental Requirements applicable to affordable rental units restricted through the City's Inclusionary Housing Ordinance and/or those receiving City affordable housing funds. Adoption of the BMR Rental Requirements is consistent with the program goals outlined in the City’s 2023–2031 Housing Element Plan. The requirements will establish clear standards and procedures for the marketing, leasing, implementation, and management of income-restricted rental units, ensuring consistency, transparency, and equitable access to affordable housing.

DISCUSSION
Consistent with the City's 2023-2031 Housing Element Plan, staff recommends adopting formal BMR Rental Requirements for affordable units. These requirements will support compliance with the City's Inclusionary Housing Ordinance and advance the City's commitment to housing accessibility, transparency, and equity. Recently approved residential projects have included income-restricted rental units, underscoring the need for consistent implementation and oversight. Establishing formal requirements will help ensure uniformity across development projects and promote fair housing practices. The proposed BMR Rental Requirements will:
1105
Provide clear procedures for developers, property managers, and affordable unit owners regarding the rental of BMR units.

Ensure marketing plans, screening process, and local application priority points are consistent for all units.

Establish standards for the marketing, leasing, management, and ongoing monitoring of BMR units that are restricted through the City's Affordable Housing Inclusionary Ordinance or subsidized with City affordable housing funds.

Promote the consistent and equitable application of City requirements for restricted rental units.

Expand access to affordable housing for all low to moderate-income residents, including individuals facing language and accessibility barriers, by requiring all marketing material to be language and ADA-accessible, in addition to targeting diverse groups.

In developing these requirements, staff reviewed best practices among other cities in the region and aligned them with other state and federal compliance standards. Adoption of the BMR Requirements will enhance coordination with developers and community partners, assist residents in applying for affordable housing, and reinforce the City's priorities around housing equity.

FISCAL AND ADMINISTRATIVE IMPACTS
There are no fiscal impacts to the City associated with the adoption of the proposed BMR Rental Requirements. Administration of the requirements will be incorporated into the existing operations of the City's affordable housing programs.

COMMUNITY PILLAR
1: A Safe Community that Thrives
GOAL
7: Expand and preserve the supply of affordable housing opportunities

ATTACHMENTS

1. Resolution

2. Exhibit A - BMR Rental Requirements
Prepared by: Shelly Haynes
Management Analyst II
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
1106
1107
1 RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION ADOPTING THE BELOW MARKET RATE RENTAL

REQUIREMENTS FOR AFFORDABLE UNITS PRODUCED THROUGH THE

INCLUSIONARY HOUSING ORDINANCE AND CITY-ASSISTED AFFORDABLE

HOUSING DEVELOPMENTS
In accordance with the City’s 2023–2031 Housing Element Plan, City Staff created the Below Market Rate Rental Guidelines. The requirements will establish clear standards and procedures for the marketing, leasing, implementation, and management of income-restricted rental units, ensuring consistency, transparency, and equitable access to affordable housing. These guidelines are applicable to units produced through the Inclusionary Housing Ordinance and provided through City-assisted affordable housing developments.

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

1. It adopts the Below Market Rate Rental Requirements for units produced through the Inclusionary Housing Ordinance and City-assisted affordable housing developments, attached hereto as Exhibit A.

2. That the Community Development Director, or their designee, is authorized to approve amendments to maintain alignment with the Livermore Development Code and future amendments thereto.

On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on May 11, 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Daniel Gonzales
Helena Graves Daniel Gonzales
Acting City Clerk Deputy City Attorney
Exhibit A – BMR Rental Requirements
1108

BELOW MARKET RATE
RENTAL

REQUIREMENTS

EXHIBIT A
1109
Below Market Rate Rental Requirements
2 1. INTRODUCTION ............................................................................... 5

2. AFFORDABLE HOUSING REQUIREMENTS FOR ALL RESIDENTIAL
DEVELOPERS ...................................................................................... 5

2.1 OVERVIEW OF AFFORDABLE HOUSING REQUIREMENTS ................................................................. 5

2.1.1 General Plan Area ............................................................................................................. 6

2.1.2 Downtown Specific Plan Area ............................................................................................ 6

2.1.3 Isabel Neighborhood Specific Plan Area ............................................................................ 6

2.2 AFFORDABLE HOUSING DEVELOPMENT PROCESS.......................................................................... 6

2.3 HOUSING AGREEMENTS .............................................................................................................. 6

2.4 ROUNDING ................................................................................................................................ 7

2.5 COMPARABILITY & INTEGRATION OF BMR UNITS ........................................................................... 7

2.6 BMR UNIT SIZE REQUIREMENTS ................................................................................................. 7

2.7 TIMING AND DELIVERY ................................................................................................................ 8

2.8 RENOVATIONS AND UPGRADES.................................................................................................... 8

2.9 DENSITY BONUS PROVISIONS ..................................................................................................... 8

3. PROCEDURES FOR RENTING BMR UNITS ........................................ 9

3.1 OVERVIEW ................................................................................................................................ 9

3.2 THE MARKETING PLAN FOR BMR UNITS ....................................................................................... 9

3.2.1 Marketing and Resident Selection Plan ............................................................................. 9

3.2.2 Marketing and Outreach ...................................................................................................10

3.2.3 Materials ..........................................................................................................................10

3.3 RESIDENT SERVICES & MANAGEMENT PLAN ................................................................................11

3.3.1 Resident Services ............................................................................................................11

3.3.2 Management Plan ............................................................................................................12

3.3.3 Recognition of Support for City-Assisted Projects .............................................................12

3.3.4 Next Available Unit Rule Exceptions .................................................................................12

3.4 APPLICATION AND SCREENING PROCESS .....................................................................................13

3.4.1 Community Preferences ...................................................................................................13

3.4.2 Waitlist/Priority List ..........................................................................................................13

3.5 MAXIMUM AFFORDABLE RENT AND INCOME LEVELS ......................................................................14

3.5.1 Rent Increases .................................................................................................................15

3.5.2 Rental Utility Allowance ....................................................................................................15

3.6 BMR TENANT SCREENING AND ELIGIBILITY .................................................................................15

3.6.1 Minimum Income ..............................................................................................................15

3.6.2 Allowable Income Increases upon Recertification .............................................................16

3.6.3 Requirements for City-Assisted Projects ...........................................................................16

3.6.4 Eviction History ................................................................................................................16

3.6.5 Criminal Backgrounds ......................................................................................................17

3.6.6 Use of Guarantors ............................................................................................................17

3.6.7 Immigration Status ...........................................................................................................17

3.6.8 Alternative Contact ...........................................................................................................17

3.7 LEASE REQUIREMENTS ..............................................................................................................18

3.7.1 Required Lease Provisions ...............................................................................................18

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3 3.7.2 Rent Subsidies .................................................................................................................18

3.7.3 Deposit Requirements ......................................................................................................18

3.7.4 Third Party Notice ............................................................................................................18

3.7.5 Annual Tenant Household Recertification .........................................................................19

3.8 LEASE TERMINATION NOTICE .....................................................................................................19

3.8.1 No Condominium Conversions .........................................................................................19

3.8.2 Relocation ........................................................................................................................19

3.9 MONITORING ............................................................................................................................20

3.9.1 Annual Reporting Process ................................................................................................20

3.9.2 City Review of Rental BMR Units Annual Reports ............................................................21

3.9.2.1 On-Site Visit ..................................................................................................................22

3.9.2.2 Follow-Up from the City .................................................................................................22

3.9.2.3 Letter with No Findings ..................................................................................................22

3.9.2.4 Letter with Findings .......................................................................................................22

3.9.2.5 Cure to Findings ............................................................................................................22

3.9.3 Monitoring Fee .................................................................................................................23

3.9.4 Record Maintenance & Access .........................................................................................23

3.9.5 Inspections & Access .......................................................................................................23

3.9.6 Follow-up Fee ..................................................................................................................23

3.10 PROJECT OPERATION REQUIREMENTS ......................................................................................24

3.10.1 Fair Housing Practices ...................................................................................................24

3.10.2 Non-Discrimination .........................................................................................................24

3.10.3 Required Non-Discrimination Language .........................................................................24

3.10.4 Disabled Persons Occupancy .........................................................................................25

3.11 PROPERTY MANAGEMENT AND MAINTENANCE ............................................................................25

3.11.1 Maintenance Obligation ..................................................................................................25

3.11.2 Right of Entry .................................................................................................................25

3.11.3 Changes in Property Management and Ownership .........................................................26

4. HOUSEHOLD REQUIREMENTS FOR BMR TENANTS ....................... 26

4.1 OVERVIEW ...............................................................................................................................26

4.2 HOUSEHOLD SIZE AND INCOME ..................................................................................................26

4.2.1 Maximum Total Household Income ...................................................................................27

4.2.2 Gross Household Income .................................................................................................27

4.3 INCOME CALCULATIONS .............................................................................................................27

4.3.1 Income Calculation Methods ............................................................................................29

4.3.1.1 Regular Income .............................................................................................................29

4.3.1.2 Income from Self-Employed or Non-Corporation Wages ................................................31

4.3.1.3 Income from Social Security and Supplemental Security Income ...................................31

4.3.1.4 Income from Pensions, Annuity Payments, Etc. .............................................................31

4.3.1.5 Income from Gifts ..........................................................................................................32

4.4 ASSETS ...................................................................................................................................32

4.4.1 Asset Exceptions .............................................................................................................33

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4 5. EXCEPTIONS AND APPEALS ......................................................... 33

5.1 OVERVIEW ...............................................................................................................................33

5.2 EXCEPTIONS REQUESTS ............................................................................................................33

5.3 APPEALS PROCEDURE ...............................................................................................................34

6. APPENDIX ..................................................................................... 35 DEFINITIONS ..................................................................................................................................35

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5 1. INTRODUCTION
This document establishes the requirements (“Requirements”) for developers and project owners (“Owner”) to implement the City’s Affordable Housing Inclusionary Zoning Ordinance (“Ordinance”) for affordable rental units serving households with incomes up to 120% of the Area Median Income (“AMI”), also known as Below Market Rate units (“BMR Units”), as outlined in Chapter 11.70 of the Livermore Development Code (“LDC”). These Requirements also apply to residential rental projects funded by the City’s Affordable Housing Trust Fund and should be read in conjunction with the Ordinance.

While every effort has been made to ensure that these Requirements are consistent with the Ordinance, the terms of the Ordinance shall prevail if any conflict exists between the Ordinance and these Requirements. Additionally, the provisions of a Housing Agreement, Regulatory Agreement, or similar recorded agreement for a BMR Unit shall prevail over any general requirements of the Ordinance or these Requirements The Requirements are intended to:
 Assist developers early in the development process to ensure the Residential Development, as defined on pg. 38, is designed from the outset to comply with the Ordinance.
 Inform developers, property managers, and owners of BMR Units of the procedures for renting BMR Units.
 Provide standards, procedures, and guidance for marketing, leasing, managing, and monitoring BMR Units restricted through the Ordinance or developed with City funding.
 Ensure the fair and consistent application of standards for City-restricted rental units.  Encourage access to affordable housing opportunities for all community members, including those with language or disability barriers.

Owners are responsible for following these Requirements and procedures, including marketing their units, determining eligibility, certifying tenants, and maintaining ongoing compliance with affordability standards.

For general questions regarding these Requirements, contact the City’s Housing Division at (925) 960-4580 or [email protected].

The City will review and update these Requirements as necessary. The Community Development Director may issue interim revisions, interpretations, or clarifications. Any such changes will take effect only after they are posted on the City’s website.

2. AFFORDABLE HOUSING REQUIREMENTS FOR ALL RESIDENTIAL

DEVELOPERS

2.1 Overview of Affordable Housing Requirements
The Ordinance requires developers to contribute to the City’s affordable housing stock by setting aside a portion of a market-rate housing project’s units as affordable or offering alternative methods of complying with the requirements. A Residential Development’s

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6 specific affordable housing requirements are defined and described in Chapter 11.70 of the LDC. The residential rental requirements are summarized here for informational purposes only and wherever there is a discrepancy between the information contained in this document and the Ordinance, the LDC controls.

2.1.1 General Plan Area
 7.5% of units for Very Low-Income households (50% AMI)  7.5% of units for Low-Income households (80% AMI)
 Whenever there is an odd number of units, the majority of units are provided as Very Low-Income

2.1.2 Downtown Specific Plan Area
 10% of units for Low-Income households (80% AMI)

2.1.3 Isabel Neighborhood Specific Plan Area
 6% of units for Very Low-Income households (50% AMI)
 7% of units for Low-Income households (80% AMI)
 4% of units for Median-Income households (100% AMI)
 3% of units for Moderate-Income households (120% AMI)  Fractional units are combined and provided as Median-Income units BMR Units must remain affordable for fifty-five (55) years, a period enforced by affordability restrictions recorded against the property.

In addition, the Ordinance requires BMR Units:
 Be constructed concurrently with the market-rate units in Residential Development  Have a similar range of bedrooms to the market-rate units in Residential Development
 Not to be distinguished by design or materials from the market-rate units in Residential Development
 Be reasonably dispersed throughout the Residential Development  Include supportive services

2.2 Affordable Housing Development Process
Applications for Residential Developments with eleven (11) or more units must include a description of how the project will comply with the on‑site affordable unit obligation. City staff remain available to consult with developers regarding permissible compliance pathways.

2.3 Housing Agreements
Chapter 11.70 of the LDC requires the developer to execute an Affordable Housing Agreement (“Housing Agreement”) and an Affordable Housing Regulatory Agreement and Declaration of Restrictive Covenants (“Regulatory Agreement”) with the City for any Residential Development project that includes rental BMR Units. These agreements are

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7 recorded against the property containing the BMR Units and outline both the affordable housing obligations and the methods for complying with the Ordinance.

The Regulatory Agreement requires, among other things, that the BMR Units be reserved for occupancy by Very Low-, Low-, Median-, and/or Moderate-Income households at rents affordable to those households for a period of no less than fifty-five (55) years, depending on the specific requirements of the project.

The Regulatory Agreement is recorded against the property on which the Residential Development is constructed, runs with the land, and remains in effect through any transfer or sale of the property.

2.4 Rounding
When making the inclusionary calculation for Residential Developments, any decimal fraction less than or equal to 0.50 is disregarded, and any decimal fraction greater than 0.50 is rounded up to the next whole unit.

2.5 Comparability & Integration of BMR Units
BMR Units must be representative of the Residential Developments overall unit mix and designed so that they are indistinguishable from market-rate units when viewed from the street. They must also be comparable to market-rate units in exterior features, size, interior features, product type, and amenities.

BMR Units must be dispersed throughout the project rather than concentrated in one area.

Because there are multiple approaches to meeting this requirement, consultation with Community Development Department staff is recommended prior to finalizing the site plan.

2.6 BMR Unit Size Requirements
The Ordinance requires that the proportion of bedroom types in the BMR Units match the proportion found in the market-rate units. Example 1 below illustrates how to determine the number of BMR Units that must be provided by unit size.

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8 Example 1: BMR Unit Bedroom Requirements
A developer proposes a 200-unit rental Residential Development, and the inclusionary obligation is 30 units within the General Plan Area (15%). One half of the units will be provided at LowIncome, and one half of the units will be provided at Very Low-Income.

The overall Residential Development includes 50 one-bedroom units (25% of the total), 100 twobedroom units (50% of the total), and 50 three-bedroom units (25% of the total). Therefore, 25% of the BMR Units are to be one-bedroom units, 50% of the BMR Units are to be two-bedroom units, and 25% of the BMR Units are to be three-bedroom units.

To determine bedroom requirements per income category:
15 of the units are Very Low-Income units, using the percentages above, the requirement is:
25% of 15 = 3.75 one-bedroom units
50% of 15 = 7.5 two-bedroom units
25% of 15 = 3.75 three-bedroom units
Therefore, the Residential Development would need to provide 4 one-bedroom units, 7 twobedroom units, and 4 three-bedroom units.

2.7 Timing and Delivery
Developers of BMR Units shall construct the BMR Units concurrently with the market-rate units in the project unless the conditions of approval provide otherwise or unless both the City and the developer agree, in writing, to an alternative development schedule.

The affordability of BMR Units shall be restricted for a period of at least fifty-five (55) years.

2.8 Renovations and Upgrades
Any upgrades or renovations made to the Residential Development or to the market-rate units must be applied equally to the BMR Units

2.9 Density Bonus Provisions
Density Bonus Law incentivizes the construction of affordable housing by allowing a developer to add additional housing units to a project beyond the zoned capacity and to receive other “incentives” in exchange for committing to include deed-restricted BMR Units in the project.

On-site BMR Units can be used to qualify for a density bonus under California Government Code Section 65915 (State Density Bonus). Density Bonus restrictions cannot be subordinated to other loans or regulatory restrictions.

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9 3. PROCEDURES FOR RENTING BMR UNITS

3.1 Overview
After the Housing Agreement is executed, and prior to
the issuance of any certificate of occupancy, Owner
must prepare and submit a Marketing, Tenant
Selection, and Management Plan to the City of
Livermore Housing & Human Services Division for
approval. After the City approves the Marketing Plan
and Management Plan, and before any units are
rented, the Owner must screen, rank, and qualify
eligible tenants and submit a priority list to the City.

This should be completed within 30 days, if possible.

Figure 1 provides an overview of the BMR Unit rental
process.

3.2 The Marketing Plan
Owners are required to submit written marketing
materials for the Residential Development (“Marketing
Plan”) to the City for review and must amend such
materials as necessary to ensure compliance with
these Requirements. All marketing activities must
comply with applicable federal, state, and local Fair
Housing laws.

3.2.1 The Marketing Plan must contain the
following information:
 A plan outlining how the property management
firm will market and lease the BMR Units,
including how the City Preferences, as defined on
page 13, will be applied
 Written tenant selection policies and
qualifications, including income and credit
requirements, as well as appeal procedures for
disqualified applicants
 A description of how the property management
firm will maintain a waitlist for the BMR Units
 Procedures for verifying applicants’ Total
Household Income, both initially and annually
during the recertification process
 Procedures for reviewing and implementing
annual rent increases
 A description of amenities, rent costs, and any other details that may differ between market-rate units and BMR Units
Figure 1: BMR Rental Process

1. Complete Marketing Plan and
Management Plan

2. Meet with City staff to discuss
procedures and requirements

3. Market the availability of BMR Units

4. Establish a list of applications; establish a
Priority List based on City Preferences

5. Screen BMR Units to qualified
households in order of the Priority List

6. Execute rental agreements with BMR
tenants

7. Maintain a waiting list for BMR Units

8. Recertify BMR tenant household incomes
annually and report to the City

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10  The names and contact information of individuals responsible for communication with the City

3.2.2 Marketing and Outreach
The goal of the City’s marketing and outreach requirements is to ensure that diverse communities connected to Livermore are aware of and have access to affordable housing opportunities. Owners must use good-faith efforts to conduct targeted outreach to income-qualified households and community outreach through identified local nonprofit, community-based organizations.

Marketing and outreach must include the following:

1. Information on the units that will be published on the City’s website

2. Information describing the overall development, including its location, BMR Units, amenities, and other features available to tenants

3. A description of the marketing activities, including:
 Target populations
 Outreach strategies
 At least two (2) newspaper or print media announcements

4. Language and accessibility requirements for marketing materials:
 Marketing activities must be conducted in English and Spanish, as well as any additional languages specified by the City (such as Simplified Chinese, Mandarin, or Tagalog)
 All marketing materials must be language-accessible and ADA-accessible

5. Community outreach must target diverse Low- to Moderate-Income households, including, without limitation, the following demographic groups and community contacts:
 Black or African American
 Hispanic or Latino
 Asian
 Pacific Islander
 Families with dependents
 Persons with disabilities
 Seniors
 Farmworkers and their families
 Local non-profits
 Livermore Valley Unified School District and local childcare advocacy groups  Chamber of Commerce and Livermore Downtown Association representing businesses employing Low-to Moderate-Income workers

6. Coordination with City outreach resources:

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11  The City maintains lists of individual subscribers and nonprofit agencies interested in affordable housing opportunities and may provide marketing materials directly to these lists.

7. Additional marketing and lease-up requirements:
 A detailed timeline of activities prior to lease-up, including the start and end of the marketing and pre-application period, the lottery to establish screening order, tenant screening, and first occupancy
 A link to the developer’s project website for access to information, marketing materials, and pre-application materials
 For some projects, the City may require the developer to provide a community information session or engage local service providers to support outreach or assist with the pre-application process for target populations  Procedures to ensure adequate staffing, experience, and systems are in place to carry out marketing activities, support a timely lease-up process, and provide culturally responsive customer service in the languages required by the City

3.2.3 Materials for the Marketing Plan:

The following materials must be applied to the Marketing Plan:
 Pre-application for lease-up
 Resident selection criteria
 Community rules
 A marketing flyer that includes details on the BMR Units, income limits, rental rates, preferences, application deadline, developer contact information and website
 Social media packet (sample blurbs, social media-friendly graphics, flyers, etc.) * *Items marked with an asterisk must be mobile-phone friendly and offered in languages described in Section 3.2.2.

Owners are advised to utilize a centralized, online portal collection of applications, such as AC Housing Portal, Doorway Housing Portal, or 211 AC Housing Choices.

3.3 Resident Services & Management Plan

3.3.1 Resident Services
Owners with on-site resident services must prepare and submit to the City a plan for providing supportive services to tenants (the “Resident Services Plan”), along with a budget for those services for the initial year of operations. The Resident Services Plan must identify the service provider(s), staffing levels (including any third-party contracts or agreements with other agencies), and a description of the services to be provided. The type and level of services must be responsive to the specific needs of the project’s tenants. For example, a 50-unit project consisting of 100% affordable units for Very Low-Income families should budget for a 0.50 full-time resident services position.

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12 Resident services staff and providers are expected to coordinate with local service organizations and the City to share information and resources with tenants.

The City must be notified in writing at least thirty (30) days before any change in supportive or resident services staffing or providers. The notification must include the name and contact information of the new organization and/or personnel responsible for delivering supportive and resident services.

3.3.2 Management Plan
Owners are required to submit written management policies (“Management Plan”) to the City for its review and must amend such policies as necessary to ensure compliance with these Requirements. The Management Plan should include, at a minimum, the following:
 A parking management plan that details, among other things, where parking spaces will be located and how they are assigned, including how parking will be managed to encourage tenants, service providers, and guests to use parking in accordance with the plan.
 Procedures for maintenance and management of the project.  A clear process for managing resident complaints, including complaint escalation procedures.
 Procedures for addressing tenant or neighborhood issues or concerns.  Any other requirements and criteria or procedures the City determines appropriate.

Residential Development s receiving City funds (“City-Assisted Projects”) must also include procedures for maintaining a reserve account, budgeting for maintenance and repair needs, long-term rehabilitation needs, and managing net cash flow.

3.3.3 Recognition of Support for City-Assisted Projects As a condition of funding, the Owner must provide recognition stating “Funding provided by the City of Livermore” on all signage, advertising, and other project-related materials as appropriate. Recognition must include the City of Livermore logo.

3.3.4 Next Available Unit Rule Exceptions
In some circumstances, Owners may have difficulty qualifying applicants for BMR Units due to a combination of issues, including a lack of vacancy, a shortage of suitable units in various sizes, and differing requirements based on different funding sources. In some cases, this difficulty can result in failure to meet the City’s requirements, including maintaining the correct number of BMR Units. Owners should include a policy in their Management Plan that outlines alternative procedures that provide property managers with an exception to the Requirements, while still meeting the intent of the BMR Program, for situations where strict adherence is impossible due to market or other external forces.

The City may allow Owner to propose alternative procedures as an exception to certain qualification rules if Owner can provide clear evidence that the failure is a result of external market forces, such as those mentioned above. Owners may contact the City’s Housing & Human Services Division in writing to propose these additions to their internal procedures.

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13 City staff will then require that these alternative policies be detailed in writing and incorporated into the development’s internal Management Plan. Owners may not operate under these revised policies without prior written approval from City staff.

3.4 Application and Screening Process

3.4.1 City Preferences
To support the City’s goals of preventing displacement and improving the quality of life for Low-Income households experiencing the greatest housing instability, preference will be given to applicants who meet the following definitions (the “City Preferences”):

1. “Livermore Employees”: Defined as an applicant household with at least one member who works as an employee of a business with operations established within the corporate limits of the city on an at least 20 hours per week basis.

2. “Livermore Residents”: Defined as an applicant household with a primary residence (documenting residents at least ten (10) months out of the year) within corporate city limits.

When applying City Preferences, a household may typically claim only one preference in any given category. For example, if two persons in the household qualify under the same category, the points are awarded only once per household.

City Preferences shall be applied to the extent permitted by other project funders and supported by local data demonstrating that the City Preferences will affirmatively further fair housing.

Developers should make the pre-application period available to the public for at least 14 days. A lottery for BMR Units must be held in a public, accessible location or platform arranged and paid for by the developer. A random selection process should be used to develop a list of applicants.

No later than seven (7) days after the date on which the list is developed, the developer shall provide the City with the final lottery list in ranked order. The developer shall update the City periodically on the status of applicant ranking numbers that are being screened for units.

Some developments may seek to serve the specific housing needs of particular segments of the population, such as seniors, unhoused/homeless individuals, persons with disabilities, or veterans. Such developments may utilize a preference system that differs from the system described herein to prioritize these target households. Alternative preference systems must be approved by the City and described in detail in the approved Marketing Plan and Management Plan for rental BMR Units (see Section 3 for more information regarding the Marketing Plan and Management Plan).

3.4.2 Waitlist/Priority List
The pre-application lottery will establish the first waitlist for the project.

The developer shall notify the City of any waitlist openings and use a publicly accessible portal when advertising available units.

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14 The City may allow the developer to coordinate with other agencies to develop ongoing referral arrangements to fill units reserved for special populations (such as persons experiencing homelessness or persons with disabilities).

Owners and their leasing staff are responsible for occupant selection and documentation for rental BMR Units. Leasing staff should be trained to understand and explain the rental application process to applicants.

Leasing staff must require each applicant to complete and return a BMR Unit application packet.

For the initial lease of rental BMR Units, Owner’s property management and/or leasing staff (“Property Management”) must:
 Collect applications for a specified period
 Screen applicants to determine whether they satisfy the requirements for qualified households set forth in Section 4
 Sort and rank the applications of Qualified Households based on Preference Points and produce a Priority List, placing applicants with the most Preference Points at the top, followed by others in descending order; after this step, leasing staff may rank applications on a first-come, first-served basis
 Complete and submit the Priority List to the City for approval within seven (7) days of the application deadline
 Offer the BMR Units to applicants based on the Priority List, first to those with the highest priority, then to others in descending order
 Execute a rental agreement with the tenant that notifies them that subleasing is not permitted and that annual income certification is required  Maintain applications with income verification and recertification documents for City review during annual on-site monitoring
Qualification determinations may be appealed by Property Management in accordance with the procedures described in Section 5. The Marketing Plan and Management Plan describe the process for marketing, screening, and application procedures after the initial lease-up (i.e., unit turnover).

3.5 Maximum Affordable Rent and Income Levels
Maximum monthly income limits and rental rates for affordable units are adopted annually by City Council resolution (“City Limits”). If the City Limits have not been updated for 18 months, or if the Residential Development is subject to the rent and income limits as determined by California Tax Credit Allocation (“TCAC”) regulations, then affordable rents and income limits shall be those applicable to the TCAC project financing source. These limits are based on a percentage of the annual income limits produced by HCD each year. The calculations by income level are shown in Table 2.

Certain Residential Developments are required to set their rents in accordance with Cityimposed limits. Owners shall use the rent established by the City as a maximum rent charge. Lower rents can always be charged to BMR tenants.

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15 Table 2: Maximum Monthly Rents
Income Level Maximum Rent Calculation
Very Low (50% AMI) 30% of annual City Limits, divided by 12 Low (80% AMI) 30% of annual City Limits, divided by 12
Median (100% AMI) 30% of annual City Limits, divided by 12 Moderate (120% AMI) 30% of annual City Limits, divided by 12 Rents are based on a calculation of unit size by number of bedrooms according to income level designation minus a utility allowance pursuant to Section 3.5.2.

Each year, the City will distribute updated maximum monthly rents for each unit type to all BMR Property Management, based on the calculations described above. These income limits and maximum rents are set once per year. If Property Management decides to increase rents based on the City’s updated maximums, they must follow all applicable California laws and Civil Codes governing legal rent increase protocols. The City reserves the right to update these calculations annually as needed.

3.5.1 Rent Increases
For City-Assisted Projects, in addition to maximum rent limits and notwithstanding rent increases due to income increases described above, rents may not be increased more often than once every twelve (12) months and by no more than five percent (5%) per year.

Property Management shall provide each tenant with at least sixty (60) days’ written notice of any rent increase. Property Management must comply with all applicable California rent control laws and tenant notification requirements. If any portion of the Regulatory Agreement conflicts with state law, the more restrictive limits and noticing requirements shall govern.

3.5.2 Rental Utility Allowance
If the tenant is required to pay for utilities, the maximum rent must be reduced to account for the cost of those utilities (“Utility Allowance”), not including the cost of telephone or internet service. The Housing Authority of the City of Livermore determines this allowance. More information can be found at www.livermoreha.org.

3.6 BMR Tenant Screening and Eligibility

3.6.1 Minimum Income
Property Management may require a minimum income but must not require any applicant to have a minimum gross income greater than two and a half (2.5) times the annual maximum rent. If an applicant is using a rent subsidy such as a Housing Choice Voucher, the minimum gross income shall be based on the applicant’s monthly share of the rent rather than the maximum annual rent amount, since the voucher will cover the remaining portion. For

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16 example, if the BMR Unit’s rent is $1,200 and the applicant is responsible for $400, then the applicant must earn a minimum of $1,000 per month to qualify.

3.6.2 Allowable Income Increases upon Recertification
A household that, at initial occupancy, qualifies within a particular income category shall continue to be treated as belonging to that category so long as the household’s gross income does not exceed one hundred forty percent (140%) of the applicable income limit.

If a tenant no longer meets the income qualifications for an eligible household, then upon sixty (60) days’ written notice from Property Management, the rent payable under the lease shall be increased to thirty percent (30%) of the tenant’s income or the current market rent for the unit, whichever is less. In such cases, Property Management must make the next available comparable unit available to an eligible tenant, as applicable.

3.6.3 Requirements for City-Assisted Projects
If the minimum credit score standard is above 620, the following mitigating circumstances must be considered when selecting applicants:
 An applicant’s recent timely payment history: 24 months from the date of application showing on-time payments for bills and credit accounts
 An applicant’s timely rent payment history: 24 months from the date of application showing on-time rent payments of equal or greater value than the proposed rent for the BMR Unit
 Negative credit history due to outstanding medical or student loan debt, or unpaid balances below $2,500, should not be considered
 Alternate forms of credit history—such as on-time payments for rent, insurance, utilities, and childcare—should always be considered, especially if the applicant has no traditional credit history

3.6.4 Eviction History
For City-Assisted Projects, Property Management may only require adult household members to clear an eviction history review if it follows the following parameters:
 Eviction review is limited to the last three (3) years from the date of an application  No-fault evictions may not be considered as a basis for denial When Property Management discovers a previous eviction judgment for non-payment of rent or other lease violations, it must allow the applicant to present any mitigating circumstances before issuing a denial.

Owners shall consider the following mitigating circumstances:
 Relocation/escape from a domestic violence situation or escaping or evading an abuser

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17  Having had insufficient or interrupted income in a non-subsidized residence  Successful enrollment in money management or payee services after non-payment eviction
 Circumstances that will be unlikely to recur with stabilized housing costs For City-Assisted Projects, Owner must also demonstrate in their tenant selection plan that eviction history review does not create a housing barrier for the populations being served

3.6.5 Criminal Backgrounds
The Department of Fair Employment and Housing (DFEH) address when and how housing providers may lawfully consider criminal history to protect against unlawful discrimination.

Owners should refer to the guidance provided on the DFEH website on Fair Housing and Criminal History.

3.6.6 Use of Guarantors
If an applicant’s income, credit, eviction, or rental history does not meet the minimum qualification requirements or resident selection criteria, Property Management shall allow the applicant to use a lease guarantor. While a lease guarantor is not entitled to live in the BMR Unit, they guarantee that the rent will be paid if the tenant is unable to do so.

If the tenant can demonstrate good standing in their rental payment history over the previous 12-month lease period, then upon recertification, Property Management may not require a guarantor for the lease renewal.

3.6.7 Immigration Status
California Civil Code 1940.3(b) prohibits Property Management from discriminating against applicants based on immigration status and from making inquiries into the immigration status of an applicant or requiring applicants to provide proof of legal residency.

Property Management who requires applicants' Social Security Numbers to run a credit and/or criminal background check are advised to accept alternatives to traditional credit, such as payment histories from utilities, rent, tuition, etc. Those requiring proof of identity must accept any government-issued identification, including a California driver’s license.

3.6.8 Alternative Contact
Applicants who need additional assistance with applying or submitting documentation may choose to list another person to receive communications during the application process.

This may be a case manager, family friend, or a local agency that provides language assistance. If an alternative contact is listed on a housing lottery application, Property Management shall include that third party in all communications, including but not limited to deadlines, requests for additional information, application approvals, and denials.

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18 3.7 Lease Requirements

3.7.1 Required Lease Provisions
Leases must meet the following criteria:
 Be for an initial term of not less than one (1) year and provide for no increase in rent during such year. After the initial year of tenancy, the lease may be month-to-month by mutual agreement of Property Management and the tenant. Notwithstanding the above, any rent increases shall be subject to the requirements of Section 3.5.1.  Include any provisions necessary to comply with the requirements of the Violence Against Women Reauthorization Act of 2013 (Pub. L. 113–4, 127 Stat. 54) applicable to HUD-funded programs.
 Include a detailed listing of reasonable rules of conduct and occupancy which shall be in writing, shall be consistent with federal and state law, and shall be provided to each tenant upon occupancy.

3.7.2 Rent Subsidies
California law prevents Property Management from refusing to accept rental subsidies from a tenant, including but not limited to the Livermore Housing Authority Section 8 Housing Choice Voucher Program. When a BMR Unit is rented to a tenant using the Section 8 subsidy, Property Management must enter into a lease agreement with the tenant that only requires the tenant to be responsible for the maximum annual rent. If the tenant is renting a market-rate unit, the rent is not capped at the City’s maximum levels. For example, if the market-rate rent is $2,500 and the tenant pays $500, the Owner may collect the remaining $2,000 from the subsidy. If the tenant is in a BMR Unit, however, the rent is capped at the maximum rental rates established by the City.

3.7.3 Deposit Requirements
If the applicant is approved for deposit assistance through a third-party deposit assistance program, Property Management shall work with the third party and accept payment from them directly. Property Management may not collect a deposit for documented service animals.

3.7.4 Third Party Notice
Tenants who want additional help complying with the requirements of their leases may choose to list another person to also receive recertification information or any legal notices from Property Management. This may be a case manager, family friend, or a local agency that provides language assistance. If a third party is listed in a tenant’s lease, Property Management must inform the tenant that personal information will be shared with the designated third party. Until the tenant notifies the Property Management to stop communication with the third party, Property Management must include the third party in all communications regarding the unit, including but not limited to lease violations, evictions, and other actions.

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19 3.7.5 Annual Tenant Household Recertification
Tenants shall be recertified on an annual basis to determine the continued eligibility of the household, including household size, occupancy and income. Prior to lease expiration, Property Management is required to provide tenants with a recertification application.

Tenants must complete the recertification form and provide annual household income documentation specified in that application. Owners shall maintain the annual recertification documentation in the tenant file for the City’s annual inspection.

Rent increases are subject to the limitations described in Section 3.5.1

3.8 Lease Termination Notice
Termination or refusal to renew a lease for a BMR Unit must be preceded by at least sixty (60) days’ written notice from Property Management to the tenant, specifying the grounds for the action. The written notice must also include resources to help the tenant address or resolve the issue, such as the phone number of a legal services provider or resources listed on the City of Livermore website at: www.livermoreca.gov.

3.8.1 No Condominium Conversions
Property Management is prohibited from converting residential rental projects to condominium, cooperative ownership, or selling condominium or cooperative rights to the Residential Development during the term of the Housing Agreement.

3.8.2 Relocation
Tenants shall not be displaced until suitable replacement housing is available. Property Management shall ensure that all occupants receive all notices, benefits, and assistance with which they are entitled. All costs incurred in connection with the temporary or permanent displacement or relocation of occupants—including, without limitation, payments to a relocation consultant, moving expenses, and payments for temporary and permanent relocation benefits pursuant to any applicable relocation laws—shall be paid by Owner. The City shall have no responsibility for such payments. Owner shall be liable for any and all claims for applicable relocation benefits sought by any current, former, or future tenant of the Residential Project.

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20 3.9 Monitoring
Owner or Property Management must
submit an annual report to the City;
Figure 2 outlines the monitoring and
findings process.

City staff/consultants will regularly
monitor Residential Developments to
determine compliance with the
Regulatory Agreement. On-site
reviews will include an examination of
tenant records, eligibility verification,
and lease agreements.

Staff will also monitor multi-family
complexes that have received City
funding for financial stability, housing
quality, resident services, customer
service, and linguistic and physical
accessibility. If possible, staff will also
interview residents to confirm the
Residential Development meets City
standards.

3.9.1 Annual Reporting
Process
Owners will be required to provide
annual reports to the City regarding
the project’s compliance with the
Regulatory Agreement.

The City will send a letter to Owners to
request the annual report. This letter
will include a copy of the Annual
Report Form for completion and certification and an invoice for the annual monitoring administration fees, if applicable. Owners will have 30 days from the date of the letter to submit the report.

The annual report must include the following information for each BMR Unit. Additional information may be requested as necessary.

Annual reports will include:
 Number of BMR Units vacant and occupied
 Current BMR tenants’ income levels, move-in dates, current rent and other charges, household size, and race and ethnicity data
 General management performance including tenant relations and other relevant information
Figure 2: BMR Rental Monitoring Process

1. City Staff sends monitoring letter and annual reporting template to developments, requesting annual report (December)

2. Developments send annual reports to City (January)

3. City staff review annual reports and request additional information (February-March)

4. City staff schedule meetings with developments to discuss annual reports and review on-site files (March-April)

5. City staff determines compliance for each development and sends findings letters
5a. No Findings:

Monitoring is
completed until
following year.
5b. Findings: City
staff works with
Owner to cure
findings. Fees may
apply.

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21  Status of the waiting list for BMR Units, including the number of households on the list
 BMR Unit number
 Total Household Income
 Number of people residing in the BMR Unit
 Move-in date
 Last recertification date (if applicable)
 Monthly rents charged and proposed to be charged (if rent increases are scheduled) for the BMR Unit
 Rent increase
 Affordability level (i.e., Very Low-Income, Low-Income, or Moderate-Income)  Number of bedrooms and bathrooms
 Housing Choice Voucher Program (Section 8) Status (Yes or No)  Housing Choice Voucher Program (Section 8) Allowance (if applicable)  Vacancy of BMR Units during the previous year (number of months)  Identify if there was any change in the property management staff who oversees the BMR Units
In addition to the above list, City-Assisted Projects will include the following in their annual reports:
 Residential Project’s income and expense statement for the reporting period  Proposed annual budget for the next fiscal year which sets forth Owner’s estimate of operating income, operating expenses and debt service for the year, amounts payable to reserves, and proposed rent adjustments
 Report on maintenance and other issues anticipated to affect the current budget needs, the amount in reserve accounts, and the amount expected to be needed for major repairs or other needs during the new fiscal year  Financial audit of the books and records of the Residential Project prepared in accordance with generally accepted auditing standards by an independent certified public accountant. The City may require the audit to be accompanied by a supplemental report prepared in accordance with City’s requirements  Any substantial physical defects and any major repair or maintenance work undertaken

3.9.2 City Review of Rental BMR Units Annual Report
The City will review the annual monitoring report and inform Owners if any additional information is needed.

All units that are a part of the Ordinance will be reviewed during monitoring each year.

Some Residential Developments use multiple funding sources to provide lower-cost housing. These sources can include tax credits, state and federal grants, and other public and private funding, each with unique reporting and monitoring requirements. Projects that use multiple funding sources can include a mix of units with different reporting and monitoring requirements. If a Residential Development is financed through a subsidy program that has stricter occupant selection or occupant documentation requirements than the City, the City will still review the project’s annual reports but may elect to rely on the

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22 alternate subsidy program’s monitoring or audit reports and associated documentation for evidence of program compliance. Property management firms with a mix of subsidized units should send copies of the required documentation to the City and produce them for other monitoring agencies as part of their annual monitoring report.

3.9.2.1 On-Site Visit
City staff or a designated consultant may perform site visits to monitor the records of all BMR Units following receipt of the annual report. The City will provide at least two (2) weeks’ notice to Owner and/or Property Management of the scheduled site visit. Files for all BMR Units must be made available for review upon the City’s request.

The purpose of the monitoring is to ensure compliance with the Ordinance, these Requirements, and the Regulatory Agreement. Site visits may include unit inspections. If a site audit includes unit inspections, the City will provide the list of units to be inspected with sufficient notice so that tenants can be informed and given advance notice as required by state law.

3.9.2.2 Follow-Up from the City
After the conclusion of the annual monitoring process, the City will send Owner an official “findings” letter indicating whether any compliance issues were identified during the review.

3.9.2.3 Letter with No Findings
A letter indicating “no findings” or “no official findings” means that the Residential Development is in compliance for the applicable monitoring year, and no additional action will be required unless one of the following occurs:
 The City receives a complaint or concern from a tenant at any time during the year that may indicate a violation of recorded agreements
 Monitoring for next year commences

3.9.2.4 Letter with Findings
A letter indicating that a development has received “findings” means the development is out of compliance with one or more aspects of the program. Findings letters may be issued at any time throughout the year and do not need to be connected to the annual monitoring process to remain valid. For example, findings may result from tenant complaints. Follow-up audits conducted due to findings may be subject to additional monitoring fees, depending on the severity of the finding, as outlined in the City’s Fee Schedule.

3.9.2.5 Cure to Findings
The findings letter will outline the compliance violations, and the steps Owner must take to cure them. Activities to cure findings may include, but are not limited to:

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23  Preparing additional procedural documents (e.g., Marketing and Management Plans, maintenance plans, complaint response policies) to ensure all Requirements are met and staff are adequately trained
 Completing an additional annual report and allowing the City to conduct additional audits
 Conducting tenant outreach to determine appropriate remediation efforts if findings resulted from tenant complaints
 Providing additional BMR Units as a good-faith effort to demonstrate commitment to BMR residents
 Providing discounts to tenants who were impacted by the findings All findings’ letters will include a timeline for completing the required activities. Extensions may be granted at the discretion of City staff. Penalties and fines may be imposed on developments that fail to respond in a timely manner or that receive recurring findings.

3.9.3 Monitoring Fee
In connection with the cost of annual compliance monitoring, the City will charge Owner a monitoring fee after the project completion and on each calendar year thereafter pursuant to the City fee schedule, except as prohibited by law. The City may increase the monitoring fee by an escalation factor of the current City’s Master Fee Schedule each year. The fee will be added to the City’s Master Fee Schedule and approved annually by the City Council.

3.9.4 Record Maintenance & Access
Owner shall maintain all records related to the construction of the Project for five (5) years after final payment is made and all pending matters are closed.

Owner shall also maintain tenant leases, income certifications, and other documents related to the leasing of the affordable units for a period of five (5) years after the tenant’s final date of occupancy and shall make these documents available to the City upon request.

Owner shall provide the City and its authorized agents and representatives with access to any books, documents, papers, and records of the Residential Project for the purpose of conducting audits, examinations, excerpts, and transcriptions.

3.9.5 Inspections & Access
With at least forty-eight (48) hours’ notice, and during normal business hours, the City and its authorized agents and representatives shall be permitted access to the Residential Development as often as deemed necessary. This access includes the right to examine the property and to interview tenants and employees for the purpose of verifying compliance with applicable regulations, these Requirements, and Regulatory Agreement.

3.9.6 Follow-up Fee
When the City is required to re-visit the Residential Development to inspect a habitability, compliance, or property maintenance issue of serious concern, the City will charge Owner

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24 an inspection fee. Issues that are not resolved by Owner in a timely manner may require multiple inspections, each of which may result in additional inspection fees.

3.10 Project Operation Requirements

3.10.1 Fair Housing Practices
Owner shall comply with State and Federal Fair Housing laws when marketing and renting the units in the Project. Owner shall accept as tenants, on the same basis as all other prospective tenants, persons who are recipients of federal certificates or vouchers for rent subsidies pursuant to the existing Section 8 program or any successor thereto. Owner will include the non-discrimination language below in the lease agreements.

3.10.2 Non-Discrimination
Owner is prohibited from restricting the rental, sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the Residential Development, or any portion thereof, based on the race, color, religion, creed, sex, sexual orientation, disability, marital status, ancestry, or national origin of any person. Owner shall covenant for itself and for all persons claiming under or through it that these Requirements are made and accepted subject to the condition that there shall be no discrimination against, or segregation of, any person or group of persons on any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m), paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code. This prohibition applies to the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the Residential Development or any part thereof.

Owner shall not and shall not permit any person claiming under or through Owner to establish or allow any discriminatory practice regarding the selection, location, number, use, or occupancy of tenants, lessees, subtenants, sublessees, or vendees in or for the Residential Development or any part thereof. Owner shall include this provision in all deeds, leases, contracts, and other instruments it executes and shall enforce it diligently and in good faith.

3.10.3 Required Non-Discrimination Language
Pursuant to the Government Code sections cited in 3.10.2, the following language shall appear in the residential lease agreement:
“The lessee herein covenants by and for the lessee and lessee’s heirs, personal representatives and assigns, and all persons claiming under the lessee or through the lessee, that this lease is made subject to the condition that there shall be no discrimination against or segregation of any person or of a group of persons on account of race, color, creed, religion, sex, sexual orientation, marital status, national origin, ancestry or disability in the leasing, subleasing, transferring, use, occupancy, tenure or enjoyment of the property herein leased nor shall the lessee or any person claiming under or through the lessee establish or permit any such practice or practices of discrimination of segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, sublessees, subtenants, or vendees in the property herein leased.”

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25 Pursuant to the Government Code, the following language shall appear in the contracts pertaining to the Property Management:
“There shall be no discrimination against or segregation of any person or group of persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the property nor shall the transferee or any person claiming under or through the transferee establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessee, subtenants, sublessees or vendees of the land.”

3.10.4 Disabled Persons Occupancy
Owner shall be required to operate the Residential Development at all times in compliance with all applicable federal, state, and local disabled persons accessibility requirements, including but not limited to the applicable provisions of (i) the Unruh Act, (ii) the California Fair Employment and Housing Act, (iii) Section 504 of the Rehabilitation Act of 1973, (iv) the United States Fair Housing Act, as amended, (v) the Americans With Disabilities Act of 1990, and (vi) Chapters 11A and 11B of Title 24 of the California Code of Regulations, which relate to disabled person access.

3.11 Property Management and Maintenance

3.11.1 Maintenance Obligation
Owner shall maintain the Residential Development in good physical condition and repair, and in decent, safe, sanitary, habitable, and tenantable condition, in compliance with all applicable state, federal, and local laws, ordinances, codes, and regulations. Owner shall keep all components of the Residential Development including, without limitation, the residential units, common areas, meeting rooms, landscaping, driveways, parking areas, and walkways free of waste, nuisance, debris, unmaintained landscaping, graffiti, disrepair, and abandoned vehicles or appliances.

Owner shall prevent and/or correct any physical deterioration, maintain all landscaping in a healthy and well-kept condition, and make all repairs, renewals, and replacements necessary to keep the project in good condition and repair. Owner shall also provide adequate security measures, including, without limitation, the installation of sufficient lighting and deadbolt locks.

3.11.2 Right of Entry
If Owner breaches the maintenance obligations, then after receiving written notice from the City, the City may, at its discretion and in addition to any other remedies available at law or in equity, enter the Property and perform any acts or work necessary to protect, maintain, and preserve the improvements and landscaped areas on the Property. The Regulatory Agreement grants the City, its employees, contractors, and agents the option to enter the Property for these purposes. Owner shall be responsible for paying all costs reasonably incurred by the City in performing such maintenance.

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26 3.11.3 Changes in Property Management and Ownership
Owner must notify the City in writing at least 30 days prior to/of any change in the Property Management of the Residential Development. The notification shall contain the name(s) and contact information of the new Property Management.

4. HOUSEHOLD REQUIREMENTS FOR BMR TENANTS

4.1 Overview
Tenants must comply with the household composition and income requirements described herein. If a rental project receives funding from other public sources with different or conflicting requirements, such as State or Federal Tax Credits or Federal Section 8 ProjectBased Vouchers, the City may, at its sole discretion, allow a deviation from these requirements to align with those other affordability restrictions.

4.2 Household Size and Income
The size of a household is determined by the number of people living in the home at the time of application. To qualify for a BMR unit, the household size must be compatible with the size of the unit being rented. These standards are established to maximize the occupancy of affordable units while avoiding overcrowding or unsafe conditions.

The minimum household size for each BMR unit may not be less than one person per bedroom.

Table 1 presents the maximum household size for each BMR unit based on the number of bedrooms. This guideline follows HUD maximum occupancy standards. Studio units, which do not have a separate bedroom, are limited to a maximum of two occupants. For units with more than four bedrooms, two additional persons may be added per bedroom to determine the maximum allowable occupancy.

Table 1. Maximum Household Size per BMR Unit
Unit Size (Number of Bedrooms) Maximum Household Size (Number of Persons)
0 (studio) 2
1 3
2 5
3 7
4 9

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27 4.2.1 Maximum Total Household Income
To be eligible for a BMR Unit, an applicant’s total household income must not exceed the applicable maximum income limit. Total household income refers to the household’s gross annual income (see Section 4.2.2), plus assets calculated in accordance with Section 4.4. Maximum income limits are adopted annually by the City Council and reflect AMI based on State income limits adopted by HCD. The City Council adopts updated income limits each year, and affordable rental rates are established using these limits. For current income limits, refer to the City’s Housing Division webpage at www.LivermoreCA.gov/AffordableIncomeLimits.

4.2.2 Gross Household Income
Gross household income means all income received by all adult household members (18 years of age and older) from all sources, as defined in the Internal Revenue Code (Title 26, Subtitle A, Chapter 1, Subchapter B, Part I, Section 61), for a 12-month period, whether or not such income is exempt from federal income tax. Such income includes, but is not limited to, the following:
 Compensation from an employer, including salary, overtime, bonuses, tips, and any other form of pay received (cash, checks, or other payment methods). This also includes additional pay for special working conditions, such as hazard pay, or one-time payouts for unused vacation or sick leave.
 Alimony, spousal and child support
 Cash, including cash from the sale of personal property  Pensions, if at an age where a pension is being received as income  Public benefits, including but not limited to, CalWORKs, Supplemental Security Income (SSI), and disability income
 All interest, dividends, and royalties
 Income derived from private businesses
 Rental income
 Compensation for services rendered, such as freelance, online businesses, side businesses, and self-employment, and including any payments, fees, fringe benefits, commissions, tips, and bonuses
 Stipend received for participation in a mentor, learning, or education opportunity  Gains from dealings in private and/or commercial property  Gambling winnings
 Annuities, life insurance, and endowment contracts
 Income from discharge of indebtedness or debt forgiveness  Gross partnership contributions or distributions
 Income from an interest in an estate or trust
Gross household income does not include income earned by a household member who is between the ages of 18 and 26 and meets both of the following criteria:
 Is claimed as a dependent of a household member on their federal income taxes; and
 Is a full-time student (12+ units; school transcript must be provided).

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28 Gross household income does not include payments to a household member received from a governmental fund if both of the following requirements are satisfied:
 The payments do not represent compensation for services rendered; and  The payments are part of a governmental need-based subsidy program, including, but not limited to, housing choice vouchers or Section 8 federal housing assistance payments; CalFresh benefits; or Women, Infants, and Children (WIC) assistance.

For purposes of determining gross household income, each person 18 years of age or older must present all the following (and all documentation must be kept in tenant files for a period of not less than three (3) years):
 A complete set of federal and state income tax returns for the past two (2) years. If taxes have not been filed for the past two (2) years, a letter of verification of nonfiling from the Internal Revenue Service is required  Most current SSI statement of benefits, if applicable  Four most recent and consecutive pay stubs, if applicable  Three most recent and consecutive statements for all financial accounts, including, but not limited to, savings accounts, checking accounts, retirement accounts, 401(k) accounts, stock accounts and other accounts held in the applicant(s) name(s), whether held individually or together
If a household member is self-employed, in addition to the information above, that household member must submit the following:
 Profit and loss statements for the past three (3) years  Current profit and loss statement for the year.
 Banking accounts that are used for business and personal use The City and/or the Owner reserves the right to request additional information needed to verify self-employment income.

4.3 Income Calculations
Income calculations are intended to align with the CPD Income Eligibility Calculator and Income Limits - HUD Exchange methodology and are summarized in this section. Income will be projected based on income documentation and vary depending on pay frequency.

For reference, Table 2 shows different calculations for varying pay periods. The City and/or Owner will use all three income calculation methods and use the highest income projection of the three for qualification purposes.

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29 Table 2. Annual Income Calculations by Pay Frequency Pay Frequency Annual Income Calculation
Monthly Monthly income amount x 12
Twice Monthly Twice monthly income amount x 24
Biweekly Biweekly income amount x 26
Weekly Weekly income amount x 52
Hourly Hourly income x 40 (or whatever normal hours per week may be) x 52

4.3.1 Income Calculation Methods
The income calculation will include all forms of income. Sections 4.3.1.1 through 4.3.1.5 outline the different calculations and documentation requirements for each form.

4.3.1.1 Regular Income
During the qualification process, income will be calculated in three ways. After completing these calculations, the highest resulting income amount will be used to determine eligibility.

These three methods allow for consideration of a variety of income situations, including variable hourly wages, regular overtime, and temporary changes in income. The three calculation methods are as follows:

1. Verification of Employment from Employer. A letter from the applicant’s employer stating the position, terms of employment, full-time or part-time status, salary/hourly rate, and overtime rate. This letter must indicate whether the employee will regularly receive overtime

2. Year-to-Date Calculation. This calculation will use the hourly, monthly, or annual pay based on the verification and pay stubs. Examples 2 and 3 show how income may be calculated

3. Average Number of Hours and Overtime as Listed on Pay Stubs. This calculation uses the four most recent and consecutive pay stubs, as described in Section 4.2.2 above, in order to calculate the average pay. Example 4 shows how income may be calculated

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30 Examples 2 and 3: Year-to-Date Income Calculation
Example 2: The applicant’s pay stub indicates the following:
 $1,500 income (gross)
 Full-time (40 hours per week)
 Biweekly pay (26 pay periods per year)
 No regular overtime
Year-to-Date Calculation:
$1,500 x 26 pay periods per year = $39,000 annual salary Example 3: The applicant’s pay stub indicates the following:
 $25 per hour (gross)
 Full-time (40 hours per week) plus overtime
 Twice monthly pay (24 pay periods per year)
 $150 in overtime each pay period
Year-to-Date Calculation:
$25 x 40 hours per week = $1,000 per week
$1,000 per week x 52 weeks = $52,000
$150 per pay period overtime x 24 pay periods = $3,600 estimated overtime per year $52,000 full-time salary + $3,600 overtime = $55,600 total salary

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31 4.3.1.2 Income from Self-Employed or Non-Corporation Wages Self-employed applicants are considered to have variable income. Gross annual income shall be based on projected current year earnings. These projections will consider:
 Net income reported on Schedule C from the applicant’s federal tax returns for the previous two (2) years
 Net income before taxes from the applicant’s signed, year-to-date profit and loss statement.

4.3.1.3 Income from Social Security and Supplemental Security Income Third-party verification received directly from the source is an acceptable method of income verification. Acceptable documentation includes:
 The current year Social Security Award Letter
 The most recent Supplemental Security Income (SSI) verification letter Example 4: Average Number of Hours and Overtime Calculation Applicant is paid weekly at a rate of $20/hr. and an overtime rate of $30/hr.

Paycheck 1
40 regular hours
5 overtime hours
Paycheck 2
30 regular hours
0 overtime hours
Paycheck 3
40 regular hours
3 overtime hours
Paycheck 4
40 regular hours
7 overtime hours
Calculation for regular hours:
40 + 30 + 40 + 40 / 4 = average 37.5 regular hours
Calculation for overtime:
5 + 0 + 3 + 7 / 4 = average 3.75 overtime hours
Calculation for total income*:
$20 regular rate x 37.5 regular hours = $750.00
$30 overtime rate x 3.75 overtime hours = $112.50
$750.00 + $112.50 = $862.50 weekly pay x 52 weeks = $44,850.00 *Adjustments will need to be made to this calculation depending on the frequency of pay based on the calculations in Table 4 above.

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32 4.3.1.4 Income from Pensions, Annuity Payments, Etc.

Pension, annuity, and similar income sources must be verified through third party documentation or an official statement confirming the total amount received.

4.3.1.5 Income from Gifts
Income from gifts must be documented with a signed and dated statement from the individual providing the gift, specifying the amount and frequency.

4.4 Assets
Assets are items of value other than necessary personal items. Income from assets must be taken into consideration when determining eligibility for a household. Asset information (asset value and income from the asset) should be obtained at the time of application. An asset test will be applied to all applicants to determine whether they satisfy the income requirements. TCAC rental communities may have different asset requirements for tenants.

Owner should follow the guidelines outlined in HUD Occupancy Handbook Chapter 5 to determine the household’s asset income. To determine the asset income, Owner should compare the “cash value,” or what the earnings on the asset would be worth if converted to cash, and the “imputed value” using the current HUD Passbook Rate of .45% (as of 2025).

The higher of the two values should be noted on the income eligibility determination form and included in the total income calculation.

The following funds are excluded from the asset calculation:
 The first $51,600 of total household assets are excluded from the asset test (Pursuant to HUD Guidelines)
 Pensions and federally approved retirement savings accounts, such as IRAs, Roth IRAs, and 401(k)s; however, retired applicants who receive income from their retirement account must include such income as gross household income on their application
 Funds that are in 529 education savings accounts
Examples 5 & 6 illustrate the calculation for determining income with assets.

Examples 5 & 6: Determining Income with Assets
Example 5: A household of three earns $50,000 a year and has $150,000 in total household assets
$150,000–$51,600 = $98,400
.0045 (Passbook rate) X $98,400 = $442.80 Imputed Income New total household income: $50,000 + $442.80 = $50,442.80

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33 4.4.1 Asset Exceptions
In certain circumstances, households with a senior or disabled household member may be eligible for an exception to the asset requirements described in this section. The City may require that applicants submit a written request explaining the need for an exemption pursuant to the Exceptions procedures described in Section 5 of these Requirements.

5. EXCEPTIONS AND APPEALS

5.1 Overview
The City has policies in place for any applicant who believes that their situation warrants an exception to, or an appeal of, the Requirements. The procedures for requesting exceptions and submitting appeals are outlined in this section.

5.2 Exceptions Requests
Any applicant who believes their situation warrants
an exception to any part of these Requirements
due to circumstances beyond their household’s
control, including but not limited to special needs,
hardships, or other unique circumstances, may
request an exception by submitting a written letter to
the City prior to submitting any application. The
exception request procedure is outlined in Figure 3.

The exception request must specify which guideline or
requirement the household cannot meet for reasons
beyond their control or other valid circumstances. The
request should describe the household’s unique
situation that warrants one or more specific exceptions and reference the relevant page(s) and section(s) of
these Requirements and/or the application form.

If the need for an exception arises while an application is under review, a request may be submitted at that
time. If the need for an exception arises only after a
determination letter has been issued by City staff, the exception request must be submitted as an appeal, in accordance with the appeal process described in Section 5.3.

Exceptions related to disabilities (reasonable accommodations) may be requested following the same procedure, with a brief description of the accommodation needed due to the applicant’s disability. Such requests will be handled in accordance with the City’s reasonable accommodation policy and these Requirements.

The City will review the requested exception and provide a written response within ten (10) calendar days, stating whether the request has been granted in full, granted in part, or denied, along with the reason for the decision. If the request is denied, applicants may submit an appeal as explained in Section 5.3.

1. Review requirements and regulations

2. Owner submits exceptions request letter
to the
Housing Division

3. Housing Division review and response
(within 10 days)

4. If denied, submit an appeal, if desired
(refer to Section 5.3)
Figure 3:

Exception Request Procedure

EXHIBIT A
1141
Below Market Rate Rental Requirements
34 5.3 Appeals Procedure
Applicants may appeal any determination letter,
including the denial of a requested exception, by
submitting a written explanation of the reasons for
their appeal along with any supporting evidence they wish to provide. The appeals procedure is outlined in Figure 4.

City staff are not authorized to assist applicants in drafting appeal letters or in determining appropriate grounds for appeal or supporting evidence, beyond advising applicants of the content of these Requirements, application forms, and other published program materials. Applicants may
refer to these Requirements and application forms and/or seek their own advisors or counsel to determine what
documentation may be appropriate.

The Community Development Director, or their designee,
will consider the appeal. The appeal letter must be
delivered by mail, email, or personal delivery within ten (10) calendar days of the issuance date of the
determination letter being appealed. The Community
Development Director will review the appeal and issue a determination within ten (10) calendar days. The
Community Development Director’s determinations are
considered final.

Figure 4:

Appeals Procedure

1. Receive determination letter from
City

2. Prepare and submit an appeal letter
to the Community Development
Director (within 10 days of issuance of
determination letter)

3. Final determination by Community
Development Director determination
(within 10 days)

EXHIBIT A
1142
Below Market Rate Rental Requirements
35 6. APPENDIX

DEFINITIONS
Affordable Housing Agreement: An agreement between the developer and the City for a Residential Development project that sets forth the developer’s Inclusionary Obligation and the method by which the developer will comply with the requirements of the Ordinance. The agreement is recorded against the property(s) containing the BMR Units and establishes the rules and requirements for property management and BMR Unit administration.

Area Median Income (AMI): The adjusted for household size as published annually by the California Department of Housing and Community Development (HCD), based on the annual income calculations completed by the US Department of Housing and Urban Development (HUD).

Below Market Rate (BMR) Unit: A unit that is reserved for rent to Very Low-, Low-, Medianor Moderate-Income households. BMR Units have restrictions recorded against them to ensure they remain affordable for a period as outlined in the Housing Agreement or Regulatory Agreement. Tenant-occupied BMR Units are deemed affordable if they meet the annually updated maximum rent price restrictions as described in the Affordable Housing Agreement for each development.

City: The City of Livermore.

City-Assisted Project: Residential Developments that has received City funding City Council: The legislative body of the City of Livermore.

City Limits: The maximum monthly income limits and rental rates for affordable units that are adopted annually by City Council.

City Staff: An employee or designee of the City of Livermore responsible for actions related to the Ordinance or these Requirements.

Extremely Low-Income: Total Household Income that is 30% or less of AMI, adjusted for actual household size.
(These) Requirements: These Requirements are in accordance with the Affordable Housing Ordinance.

HCD: The California Department of Housing and Community Development.

HUD: The US Department of Housing and Urban Development.

Inclusionary Obligation: The number of BMR Units a developer is required to construct (or pay fees in lieu thereof) in a Residential Development project to comply with the Affordable Housing Ordinance.

EXHIBIT A
1143
Below Market Rate Rental Requirements
36 Low-Income: Total Household Income that is 51% to 80% of AMI, adjusted for actual household size.

Marketing and Management Plan: A plan required for rental Residential Developments that contains the information outlined in Section 3 of these Requirements.

Maximum Income: The maximum income for an income category (Very Low, Low, or Moderate) is determined periodically by HCD based on AMI. See Section 4 of these Requirements for Maximum Incomes.

Maximum Monthly Rent: The maximum allowable monthly rent for Below Market Rate (BMR) rental units in Livermore. See Section 3.5.

Median Income: Total Household Income that 81% to 100% of AMI, adjusted for actual household size.

Moderate-Income: Total household income that is 101% to 120% of AMI, adjusted for actual household size.

Monitoring Fee: A fee charged by the City to the developer/property manager for the annual review of Residential Development s. The City shall set the fee amount, which may be adjusted periodically as necessary to cover the City’s administrative costs. All BMR Residential Development s will be notified of any change in fees.

Monitoring Findings: A letter indicating that a BMR Residential Development is out of compliance with recorded agreements. This may occur after annual monitoring is completed or when the City is informed of violations via tenant complaints or other means. This may result in action being taken or fees charged by the City pursuant to the Affordable Housing Agreement to cure the findings. See Section 3.9.

Next Available Unit Rule: This rule states that when a BMR Unit is occupied by a tenant who no longer meets the BMR household or income eligibility requirements, the next available unit will be made available as a BMR Unit, and the current BMR Unit will convert to either market rate or some other subsidy status, as appropriate.

Owners: Developers and/or project owners of Residential Development, required to implement the City’s Ordinance for affordable rental units.

Property Manager: Professional property managers that administer the day-to-day operations of a Residential Development project. May be an external contracted firm or staff associated with the developer or owner.

Qualified Household: This can include any group of persons so long as such persons, when viewed as a whole, satisfy the eligibility requirements for a household. For a rental BMR Unit, a “qualified household” means a household that satisfies the requirements listed in Section 4.2 of these Requirements.

Residential Development: Includes, without limitation, detached single-family dwellings, multiple-dwelling structures, groups of dwellings, condominium or townhouse developments,

EXHIBIT A
1144
Below Market Rate Rental Requirements
37 condominium conversions, cooperative developments, mixed-use developments that include housing units, and residential land subdivisions intended to be sold or rented to the general public.

Resident Services Plan: Plan for Residential Development that offers services to tenants, identifying service provider(s), staffing levels (including any third-party contracts/agreements with other agencies) and describe the services provided.

Senior: A person 62 years of age or older.

TCAC: Tax Credit Allocation Committee
Total Household Income: All Gross Household Income and assets received during a calendar year (as calculated pursuant to Section 4).

Utility Allowance: The maximum BMR rent must be reduced to account for utility costs.

See Section 3.5.4.

Very Low-Income: Total Household Income that is 31% to 50% of AMI, adjusted for actual household size.

EXHIBIT A
1145
CITY COUNCIL STAFF REPORT ITEM NO. 6.23
DATE: May 11, 2026
TO: Honorable Mayor and City Council
FROM: Marianna A. Burch, City Manager
SUBJECT: Resolution authorizing the annual display of the Philadelphia Rainbow Pride flag in June and the POW/MIA flag in November at the Civic Center Campus

RECOMMENDED ACTION
Staff recommends the City Council adopt a resolution authorizing the annual display of the Philadelphia Rainbow Pride flag during the month of June and the POW/MIA flag during the month of November at the Civic Center Campus flagpole, with both displays to continue annually unless otherwise directed by the City Council.

DECISION TYPE
Legislative

SUMMARY
On April 27, 2026, consistent with the Commemorative Flag Display Policy and at the request of Council Member Branning, the City Council directed staff to return with a resolution for City Council consideration to authorize the display of the Philadelphia Rainbow Pride flag during the month of June and the POW/MIA flag during the month of November at the Civic Center Campus flagpole, beginning in 2026 and continuing annually unless and until the City Council takes action to discontinue the displays.

DISCUSSION
At the September 23, 2019, Council meeting, Council adopted a Commemorative Flag Display policy.

The policy allows a Council Member to request display of a commemorative flag at the Civic Center Campus, on the City of Livermore flagpole, beneath the City of Livermore flag. Once a request has been made by a Council Member, the Council will consider the request at a duly noticed public meeting.

The City's policy is constructed to allow the display of commemorative flags as a form of government expression. Such flags may be displayed for a period of time that is reasonable or customary for the subject that is to be commemorated, but no more than thirty-one consecutive days. 1146
At the April 27, 2026, Council meeting, Council Member Branning requested to display the Philadelphia Rainbow Pride flag during the month of June and the POW/MIA flag during the month of November beginning in 2026 and continuing annually unless and until the City Council takes action to discontinue the displays.

FISCAL AND ADMINISTRATIVE IMPACTS
There are no fiscal or administrative impacts associated with this resolution.

COMMUNITY PILLAR
1: A City That Works
Goal

1. Engage effectively with the Mayor and City Council

ATTACHMENTS

1. Resolution
Prepared by: Deborah Davis
Executive Assistant
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
1147
1 RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING THE ANNUAL DISPLAY OF THE

PHILADELPHIA RAINBOW PRIDE FLAG AND THE POW/MIA FLAG AT

THE CIVIC CENTER CAMPUS
On September 23, 2019, the City Council adopted a Commemorative Flag Display Policy.

On April 27, 2026, consistent with the policy and at the request of Council Member Branning, the City Council directed staff to return with a resolution authorizing the display of the Philadelphia Rainbow Pride flag during the month of June and the POW/MIA flag during the month of November at the Civic Center Campus flagpole, beginning in 2026 and continuing annually unless and until the City Council takes action to discontinue the displays.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore, that the display of the Philadelphia Rainbow Pride flag during the month of June and the POW/MIA flag during the month of November at the Civic Center Campus flagpole is hereby authorized, beginning in 2026 and continuing annually unless and until the City Council takes action to discontinue the displays.

On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on May 11, 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Kimberly Cilley
Helena Graves Kimberly Cilley
Acting City Clerk City Attorney
1148
CITY COUNCIL STAFF REPORT ITEM NO. 6.24
DATE: May 11, 2026
TO: Honorable Mayor and City Council
FROM: Brandon Cardwell, Innovation and Economic Development Director SUBJECT: Resolution amending the City's Community Benefit Policy and appropriating $600,000 in Community Benefit funds.

RECOMMENDED ACTION
Staff recommends the City Council adopt a resolution amending the Community Benefit Policy and appropriating $600,000 in Community Benefit funds.

DECISION TYPE
Administrative

SUMMARY
In January 2024, the City Council adopted the Community Benefit Policy and established the Community Benefit Fund, which has since generated over $600,000 in revenue from private development projects, with additional funds committed from future projects. Despite the success of the Community Benefit Program as a tool for obtaining contributions from development projects, the current policy's expenditure provisions lack sufficient flexibility to pursue time sensitive economic development opportunities, as the current policy relies on the regular City budget process or a specific appropriation to allocate funds.

Additionally, the current Community Benefit Policy identifies "Economic Incentive Programs" as an eligible expenditure category. Staff recommends amending the policy to delegate expenditure authority to the City Manager consistent with the approval threshold set forth in the City of Livermore's purchasing ordinance, and to expand eligible uses to include "Economic Development Programs." These amendments would increase flexibility, improve efficiency, and enable more effective support of local economic development efforts while maintaining appropriate oversight. There are no fiscal or administrative impacts.

DISCUSSION
In January 2024, the City Council adopted the Community Benefit Policy (Attachment 1) and established the Community Benefit Fund to support economic development and other community-serving investments through the negotiation of financial contributions through development agreements and 1149
other means. Since that time, implementation of the policy has been successful from the perspective of facilitating contributions from development projects, with more than $600,000 collected to date and several million dollars in additional contributions committed. The Community Benefit Fund does not contain any general fund or other taxpayer dollars.

While fund accumulation has progressed well, the current policy's expenditure provisions lack sufficient flexibility in allocating funds. Because expenditures are generally tied to the biennial budget process or require supplemental appropriations, staff has limited ability to deploy funds with the speed economic development opportunities often require. The lack of an expeditious path to allocating these Community Benefit monies can result in the need to use alternative sources, such as the General Fund, even though the Community Benefit Fund would have otherwise been an eligible and appropriate source.

City staff recommends amending the Community Benefit Policy to better align with the operational realities of economic development and improve the City’s ability to respond to time-sensitive, competitive opportunities. Efforts to attract, retain, and expand businesses often require the City to evaluate proposals, negotiate terms, and commit resources within compressed timeframes. Under the current framework, delays associated with budget cycles or supplemental appropriations can limit responsiveness and, in some cases, result in missed opportunities, reduced negotiating leverage, or less favorable project terms. While the City’s Purchasing Policy already provides delegated authority for staff to execute agreements within defined limits, the Community Benefit Policy does not currently provide the same level of flexibility, creating inconsistency and administrative inefficiency.

Additionally, the current Community Benefit Policy identifies "Economic Incentive Programs" as an eligible expenditure category, which lacks sufficient breadth to cover the range of economic development activities that may help advance community priorities. For example, a business considering locating or starting in Livermore may request specialized information about the local market that requires a consultant-led study. Such a request would not fall under the conventional definition of an "economic incentive," but may be critical to bringing that business to Livermore.

The proposed amendments (Exhibit A) address both of these challenges by:

1. Establishing a $200,000 threshold, consistent with the City of Livermore's purchasing ordinance, for City Manager authority to expend Community Benefit funds and execute agreements, while reserving City Council approval for larger amounts; and

2. Changing "Economic Incentive Programs" to "Economic Development Programs" to better support opportunistic projects that may arise outside the budget cycle.

If approved, these changes would improve administrative efficiency, enable more timely deployment of funds, and support strategic cash flow management while maintaining accountability and fiscal stewardship. Collectively, these changes enhance the City’s ability to act quickly, negotiate effectively, and position Livermore as a responsive and reliable partner in advancing local economic development objectives.

FISCAL AND ADMINISTRATIVE IMPACTS
The proposed resolution will appropriate the $600,000 in Community Benefit funds that the City has already collected to accomplish the goals of the amended Community Benefit Policy. There are no other fiscal or administrative impacts associated with the amendment. The amendment would improve 1150
operational efficiency. Staff time allocated to preparation of this report and the amendment is fully covered by the General Fund.

COMMUNITY PILLAR
2: Economy That Prospers
GOAL
1: Lead efforts to provide effective communication and engagement with businesses

ATTACHMENTS

1. Existing Community Benefit Policy

2. Resolution

3. Exhibit A - Community Benefit Policy Amendment
Prepared by: Jake Potter
Economic Development Manager
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
1151
1 RESOLUTION 2024-004

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION ESTABLISHING A COMMUNITY BENEFIT POLICY AND FUND In April 2023, the City Council established the 2023 – 2028 Citywide Strategic Plan, a five-year road map to guide the organization’s budget and work programs , which would require financial resources.

During the implementation of the Strategic Plan, City of Livermore (“ City”) staff recognized a need to establish a policy and funding mechanisms to help achieve the Strategic Plan goals and objectives.

The proposed Community Benefit Policy accomplishes Strategic Plan goals and objectives by: ( 1) creating a Special Fund to collect and administer resources; ( 2) identifying eligible projects to be funded; and (3) establishing when and how the City will appropriate funds for community programs.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that it hereby approves the Community Benefit Policy, attached hereto as Exhibit A, and establishes a Community Benefit Fund.

On motion of Council Member Kiick, seconded by Council Member Branning, the foregoing resolution was passed and adopted on January 8, 2024, by the following vote:

AYES: Council Members Barrientos, Branning, Kiick, Vice Mayor Carling, and Mayor Marchand
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED AS TO FORM:

Marie Weber Jason Alcala
Deputy City Manager and City Clerk City Attorney
Exhibit A – Community Benefit Policy
DocuSign Envelope ID: B4642B63- DCBA- 4E1A-8D7E- 2E74643AEA8C 1/ 21/ 2024 | 8: 09 PM PST
ATTACHMENT 1
1152
Community Benefit Policy
The City of Livermore establishes a Community Benefit Fund to implement programs that contribute to achieving Strategic Plan priorities as reflected in the following Pillars:

Safe Community That Thrives
Economy That Prospers
Inclusive and Inviting Spaces and Places
Environmental Stewardship
The following is the City’s policy related to the Community Benefit Fund including eligibility of funding sources and expenditures.

Community Benefit Fund Purpose
The Community Benefit Fund will be used to fund economic, climate resilience, and community programs and contribute to public spaces and facilities. The following categories of expenditures are eligible for Community Benefit Funding:
o Public Spaces and Community Services – It is essential for the City to invests in critical public buildings, spaces (including parks, trails and plazas), and facilities as well as essential services in order to maintain high quality of life in the community. Eligible expenses may include contributions to public safety and community facilities and amenities, community programing provided by Library Services, Human Services, and Arts and Cultural partners.
o Economic Incentive Programs - The City’s goal is to facilitate new businesses to create jobs and benefit the community through a variety of uses, services, and experiences. Economic incentive programs should be geared towards local small businesses, and may include loans, grants, startup costs, fee gap closures, real estate assistance, and marketing and branding campaigns.
o Climate Resilience Programs – The City’s goal is to reduce the impacts associated with climate change. Implementation of the 2022 Climate Action Plan work program includes development of business and residential resiliency incentive programs. Eligible programs will help the community reduce, adapt, and prepare for climate impacts. Such programs may include incentives and financial assistance for improvements such as water efficient landscaping and electrification of existing buildings in addition to marketing and engagement activities related to the Climate Resilience program. o Community Events and Programs – The City helps to support commercial and mixed-use districts with events and programming that promote a sense of

EXHIBIT A
DocuSign Envelope ID: B4642B63- DCBA- 4E1A-8D7E- 2E74643AEA8C ATTACHMENT 1
1153
community by collaborating with partner organizations and activating spaces to generate support for neighborhood districts. Eligible expenditures may include support for local events programs that promote community building and connections, as well as visitation and tourism.

Community Benefit Program Funding Sources
Community Benefit Funding contributions may come from a variety of sources not otherwise designated for other dedicated uses, including but not limited to transactions negotiated through Development Agreements (or other agreements), sponsorships and contributions, and property sale proceeds.

Community Benefit Program Funding Appropriations
The City Manager will recommend expenditures from the Community Benefit Fund as part of the biennial budget process. If an eligible project requires funding outside of the budget process, such funding may be allocated in a supplemental appropriation.

EXHIBIT A
DocuSign Envelope ID: B4642B63- DCBA- 4E1A-8D7E- 2E74643AEA8C ATTACHMENT 1
1154
1 RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AMENDING THE COMMUNITY BENEFIT POLICY AND
APPROPRIATING $600,000 IN COMMUNITY BENEFIT FUNDS
The Livermore General Plan and Strategic Plan contain policies that call for business support, operational efficiency, and effective service.

On January 8, 2024, the City Council adopted Resolution 24-004 adopting a Community Benefit Policy to support economic development initiatives and projects that deliver measurable public benefit.

City staff has found that economic development opportunities are often timesensitive and opportunistic, requiring the City to act quickly to remain competitive and secure favorable outcomes.

The current policy framework, which relies on the biannual budget process or supplemental appropriations for funding authorization, can delay action, create administrative inefficiencies, and limit the City’s ability to respond effectively to such opportunities.

The current policy framework identifies "Economic Incentive Programs" as an eligible expenditure category, which lacks sufficient breadth to cover the range of economic development activities that may help advance community priorities.

Amending the Community Benefit Policy to authorize the City Manager to expend funds and execute agreements under certain thresholds, consistent with existing contracting and purchasing authority, would improve administrative efficiency, align internal processes, enhance fiscal stewardship, and strengthen the City’s ability to partner with and support local businesses while maintaining appropriate oversight.

Amending the Community Benefit Policy to change “Economic Incentive Programs” to “Economic Development Programs” would expand the range of eligible activities to include those which are vital to expanding economic growth but do not fall under the conventional definition of an “incentive,” thereby improving community outcomes.

On May 11, 2026, the City Council considered the amendment to the Community Benefit Policy (“Amendment”), appropriation request (“Appropriation”), staff recommendation, and all public comments and testimony.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that prior to taking action on the Amendment and Appropriation, and at a properly noticed public meeting, the City Council reviewed written and oral staff reports, took public testimony, and received into the record all pertinent documents related to the 1155
2 RESOLUTION NO. ________
Amendment and Appropriation (collectively, the “Record Evidence”). The City Council’s determination is based on the Record Evidence, which is incorporated into this Resolution by reference.

BE IT FURTHER RESOLVED that the City Council of the City of Livermore has considered the Record Evidence and found that the Amendment and Appropriation are not a Project pursuant to the requirements of the California Environmental Quality Act (CEQA).

BE IT FURTHER RESOLVED that, consistent with the Livermore General Plan and Strategic Plan, the City Council of the City of Livermore hereby adopts the amended Community Benefit Policy, attached hereto as Exhibit A, and appropriates $600,000 of Community Benefit funds. In Exhibit A, the deletions are shown using a strikethrough, and the added language is shown with an underline.

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

On motion of Council Member , seconded by Council
Member , the foregoing resolution was passed and adopted on May 11, 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED AS TO FORM:
/s/ Katherine Mirassou______
Helena Graves Katherine Mirassou
Acting City Clerk Assistant City Attorney
Exhibit A – Amended Community Benefit Policy
1156
Community Benefit Policy
The City of Livermore establishes a Community Benefit Fund to implement programs that contribute to achieving Strategic Plan priorities as reflected in the following Pillars:
• Safe Community That Thrives
• Economy That Prospers
• Inclusive and Inviting Spaces and Places
• Environmental Stewardship
The following is the City's policy related to the Community Benefit Fund including eligibility of funding sources and expenditures.

Economic development incentive programs should be geared towards supporting local small businesses and high-impact projects, and may include loans, grants, startup costs, fee gap closures, real estate assistance, and marketing and branding campaigns, and other programs that achieve economic development objectives.
o Climate Resilience Programs - The City's goal is to reduce the impacts associated with climate change. Implementation of the 2022 Climate Action Plan work program includes development of business and residential resiliency incentive programs. Eligible programs will help the community reduce, adapt, and prepare for climate impacts. Such programs may include incentives and financial assistance for improvements such as water efficient landscaping and electrification of existing buildings in addition to marketing and engagement activities related to the Climate Resilience program. o Community Events and Programs - The City helps to support commercial and mixed-use districts with events and programming that promote a sense of

EXHIBIT A
1157
community by collaborating with partner organizations and activating spaces to generate support for neighborhood districts. Eligible expenditures may include support for local events programs that promote community building and connections, as well as visitation and tourism.

Community Benefit Program ExpendituresFunding Appropriations Funds may be disbursed from the Community Benefit Fund as follows:

1. City Manager. For expenditures of $200,000 of less, the City Manager is authorized to disburse monies from the Community Benefit Fund and to award, approve, and execute City contracts implementing such expenditures, in accordance with this Policy.

2. City Council. For expenditures greater than $200,000, tThe City Manager shallwill recommend to the City Council expenditures from the Community Benefit Fund as part of the biennial budget process. If an eligible project requires funding outside of the budget process, such funding may be allocated in a supplemental appropriation.

EXHIBIT A
1158
CITY COUNCIL STAFF REPORT ITEM NO. 7.1
DATE: May 11, 2026
TO: Honorable Mayor and City Council
FROM: Brent Smith, Community Development Director
SUBJECT: Hearing to consider a resolution approving the FY 2026-27 Annual Action 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 2026-27 Annual Action Plan, attached hereto as Exhibit A, and authorizing submission of the Action Plan to Alameda County for inclusion with the Alameda County HOME Consortium report for submittal to HUD;

2. 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 2026-27 Annual Action Plan, including, without limitation, the FY 2026-27 Entitlement Certifications, attached hereto as Exhibit B; and

3. 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 2026-27 Annual Action Plan.

DECISION TYPE
Administrative

SUMMARY
The City of Livermore is the recipient of Community Development Block Grant (CDBG) funds from the Department of Housing and Urban Development (HUD). As a condition of funding, the City is required to prepare an Annual Action Plan. The FY 2026-27 Annual Action Plan ("the Action Plan") outlines how the City of Livermore will use federal resources to meet the goals and priorities related to affordable housing and community development activities as detailed in the of the FY 2025-2029 Consolidated Plan.

For FY 2026-27, the City will receive $394,163 in CDBG funds and $124,703 in HOME funds, reflecting minor changes from the prior year. The draft Action Plan has been available for a 30-day public review 1159
period beginning April 10, 2026, in accordance with HUD requirements.

DISCUSSION
The Action Plan identifies the federal resources available to the City of Livermore to meet the priorities established in the FY 2025-2029 Consolidated Plan for the period covering July 1, 2026 - June 30, 2027.

The priorities and goals included in the Action Plan support a continuum of programs designed to support low-income and underserved Livermore households in achieving greater self-sufficiency. The Action Plan also outlines a range of housing resources that provide assistance to low-income renters and homeowners, individuals and families experiencing homelessness or at risk of homelessness, and activities that reduce housing discrimination through fair housing education.

On April 6, 2026, City staff received notification from HUD that the City's FY 2026-27 CDBG allocation is $394,163, representing a decrease of less than one percent from the prior year. The HOME grant, allocated to the City through the Alameda County HOME Consortium, totals $124,703 for FY 2026-27, an increase of less than one percent.

On June 23, 2025, the City Council adopted Resolution No. 2025-100, awarding two-year federal grant funding for both the FY 2025-26 and FY 2026-27 program years. The FY 2026-27 funding amounts adopted with the resolution were estimates and were subject to adjustment upon the release of the final federal allocations. Based on the final CDBG allocation, proportional adjustments will be made across the Administration, Capital, and Public Services categories to reflect the overall decrease of $2,745.

Staff recommends HOME program funding for Abode Services and Tri-Valley Haven's Tenant Based Rental Assistance (TBRA) programs remain unchanged, as reflected in the Action Plan. The additional $1,043 in HOME project funding would remain available for appropriation to a specific contract should the TBRA programs require additional resources during the fiscal year.

The FY 2026-27 Action Plan includes two TBRA programs, principal and interest payment for one Section 108 loan, a construction project, a public service project, and administration for the CDBG and HOME programs, as summarized in the chart below:

Organization/Project CDBG HOME Total
Abode Services- Rapid
Re-Housing/Tenant
Based Rental Assistance
$62,981 $74,895 $137,876
Tri-Valley Haven- Tenant
Based Rental Assistance
36,788 42,202 78,990
Section 108 Loan
Repayment- Axis
Community Health
26,194 0 26,194
Tri-Valley Haven for
Women- Emergency
Shelter Rebuild*
237,095 0 237,095
Spectrum Community
Services- Meals on
Wheels
59,124 0 59,124
Administration 78,833 6,563 85,396
1160
Total $501,015 $123,660 $624,675
* The total includes $106,852 of prior year CDBG entitlement funds The FY 2026-27 Annual Action Plan has been available for public review during a 30-day public comment period beginning April 10, 2026, in accordance with HUD requirements.

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 $501,015 and federal HOME funding (Fund 224) in the amount of $124,703 in FY 2026-27. Administrative costs associated with the preparation and execution of the Action Plan, and the required environmental reviews, are reimbursed through the City’s CDBG and/or HOME entitlement allocations.

COMMUNITY PILLAR
1: A Safe Community That Thrives
GOAL
8: Expand and improve access to human services

ATTACHMENTS

1. Resolution

2. Exhibit A- Draft FY 2026-27 Action Plan

3. Exhibit B- HUD Certifications FY 2026-27 Entitlement Prepared by: Amy Walker
Management Analyst I
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
1161
1 RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA A RESOLUTION APPROVING THE FY 2026-27 ANNUAL ACTION PLAN; AUTHORIZING SUBMITTAL TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; AND AUTHORIZING EXECUTION OF ASSOCIATED

DOCUMENTS
The Action Plan identifies the federal resources available to the City of Livermore to meet the priorities established in the FY 2025-2029 Consolidated Plan. The priorities and goals included in the Action Plan support a continuum of programs designed to support low income and underserved Livermore households in achieving greater self sufficiency. The Action Plan also outlines a range of housing resources that provide assistance to low-income renters and homeowners, individuals and families experiencing homelessness or at risk of homelessness, and activities that reduce housing discrimination through fair housing education.

On June 23, 2025, the City Council adopted Resolution No. 2025-100, awarding two-year federal grant funding for both the FY 2025-26 and FY 2026-27 program years.

The FY 2026-27 funding amounts adopted with the resolution were estimates and were subject to adjustment upon the release of the final federal allocations. Based on the final CDBG allocation, proportional adjustments will be made across the Administration, Capital, and Public Services categories, to reflect the overall decrease of $2,745.

Staff recommends HOME program funding for Abode Services and Tri-Valley Haven’s Tenant Based Rental Assistance (TBRA) programs remain unchanged, as reflected in the Action Plan. The additional $1,043 in HOME project funding would remain available for appropriation to a specific contract should the TBRA programs require additional resources during the fiscal year.

The Annual Action Plan outlines the amount of funding that will be allocated to activities for the period covering July 1, 2026-June 30, 2027, to help meet the goals listed in the Consolidated Plan. The FY 2026-27 Action Plan will allocate $501,015 in CDBG entitlement and $123,660 in HOME funds to two TBRA programs, principal and interest payment for one Section 108 loan, a construction project, a public service project, and administration for the CDBG and HOME programs. 1162
2 RESOLUTION NO. ________
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore, that it:

1. Approves the FY 2026-27 Annual Action Plan, attached hereto as Exhibit A, and authorizes submission of the Action Plan to Alameda County for inclusion with the Alameda County HOME Consortium report for submittal to HUD;

2. Authorizes 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 2026-27 Annual Action Plan, including, without limitation, the FY 2026-27 Entitlement Certifications, attached hereto as Exhibit B; and

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, including approving minor changes to the FY 2026-27 Annual Action Plan.

On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on May 11, 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Daniel Gonzales
Helena Graves Daniel Gonzales
Acting City Clerk Deputy City Attorney
Exhibit A – Draft FY 2026-27 Action Plan
Exhibit B – HUD Certifications FY 2026-27 Entitlement
1163
DRAFT

ACTION PLAN
FY 2026-27

MEMBER OF THE ALAMEDA COUNTY

HOME CONSORTIUM
Public Comment Period April 10-May 11, 2026

EXHIBIT A
1164
Annual Action Plan
2026
1 Executive Summary
AP-05 Executive Summary - 91.200(c), 91.220(b)

1. Introduction
The City of Livermore's Fiscal Year (FY) 2026-27 Annual Action Plan identifies federal resources the City of Livermore will utilize to meet its goals and priorities related to affordable housing and community development activities as outlined in the FY 2025-2029 Five-Year Consolidated Plan for the Alameda County HOME Consortium, of which the City of Livermore is a member jurisdiction. The Annual Action Plan is a required planning document completed by entitlement jurisdictions to receive federal funding through the United States Department of Housing and Urban Development (HUD).

For FY 2026-27, the City of Livermore will receive $394,163 in Community Development Block Grant (CDBG) entitlement funds from HUD and $124,703 in federal HOME Investment Partnerships Program (HOME) funds through the Alameda County HOME Consortium. The City is also allocating $106,851.86 in unspent FY 2019-20 CDBG entitlement funds to the TriValley Haven for Women Emergency Shelter Rebuild project. . 2. Summarize the objectives and outcomes identified in the Plan In the FY 2026-27 Annual Action Plan, 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:
• Affordable Housing and Rental Assistance
• Support Core Public Services
• Improve Public Infrastructure and Community Facilities 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 and the City’s Consolidated Plan set for the five-year period.

Additionally, as required by HUD, City-funded activities and programs will meet one of the three CDBG national objectives:
• Benefiting low-and moderate-income (LMI) persons;
• Assisting in the prevention and/or elimination of slums and blight; or • Meeting an urgent need.

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2 3. Evaluation of past performance
Livermore continues to make steady progress in expanding and strengthening a continuum of housing resources and social services to support low‑income and vulnerable community members.

Subrecipients submit quarterly progress reports for all Human Services grant‑funded activities, allowing for ongoing evaluation of project performance. City staff review each agency’s programmatic outcomes and fiscal management practices, and this information informs the Human Services Commission’s discussions regarding the annual application process and funding recommendations to the City Council.

Accomplishments and evaluations of the prior year’s activities are documented in the HUD‑approved Consolidated Annual Performance and Evaluation Report (CAPER). A draft CAPER is posted for a 30‑day public review period to provide opportunities for community feedback on the prior grant cycle’s performance. For FY 2024–25, the CAPER was completed in September 2025, and the FY 2025–26 CAPER will be completed in September 2026.

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.

For the FY 2025-2029 Consolidated Plan, a Stakeholder Survey was available from February 10- 28, 2025 to gather input regarding funding for the CDBG program over the next five years. 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. June 23, 2025, the City Council heard public comments and held a public hearing on the Consolidated Plan. The results of the FY 2025-29 Consolidated Plan were considered when coming up with the objectives for the FY 2026-27 Annual Action Plan.

On April 9, 2026, the City published a public hearing notice advising of a public hearing on May 11, 2026, regarding the FY 2026-27 Annual Action Plan as well as seeking and encouraging public comment regarding the funding allocations. 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). The 30-day public comment period was from April 10 to May 11, 2026.

On May 11, 2026, the City Council heard public comments and held a public hearing on the Annual Action Plan.

EXHIBIT A
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Annual Action Plan
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3 The City is part of the Alameda County Consortium. Alameda County published a notice inviting a 30-day public comment period regarding the Consortium’s Action Plan on April 13, 2026.

5. Summary of public comments
All public comments related to the FY 2026-27 Annual Action Plan will be accepted and included in the final document before submission.

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.

7. Summary
In the FY 2026-27 Annual Action Plan, the City will allocate funding to eligible CDBG activities that address the housing and community development priorities identified in the FY 2025-2029 Consolidated Plan. These activities include Section 108 loan repayments, the Emergency Shelter Rebuild project, Meals on Wheels program, and Tenant‑Based Rental Assistance.

EXHIBIT A
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4 PR-05 Lead & Responsible Agencies - 91.200(b)

1. Agency/entity responsible for preparing/administering the Consolidated Plan Table 1 – Responsible Agencies
Agency Role Name Department/Agency
Lead Agency LIVERMORE
CDBG Administrator LIVERMORE City of Livermore-Community Development Department
HOPWA Administrator
HOME Administrator
HOPWA-C Administrator
Narrative
The Housing and Human Services Division of the City of Livermore’s Community Development Department is responsible for preparing the Five‑Year Consolidated Plan, Annual Action Plan, Consolidated Annual Performance and Evaluation Report (CAPER), and other related documents.

The City of Livermore is a CDBG entitlement jurisdiction. In addition, the City is a member of the Alameda County HOME Consortium and receives HOME Program funds through Alameda County, which serves as the entitlement jurisdiction for HOME.

Consolidated Plan Public Contact Information
Josh Thurman, Human Services Programs Manager
1052 S. Livermore Avenue, Livermore, California 94550
925-960-4592
[email protected]

EXHIBIT A
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Annual Action Plan
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5 AP-10 Consultation - 91.100, 91.200(b), 91.215(l)

1. Introduction
The needs and priorities outlined in the Annual Action Plan are based on information gathered from public input, non-profit partner agencies, and other community stakeholders. The plan serves as a key guiding document for the allocation of FY 2026-27 federal funding. Developed through interagency coordination, consultation, and public participation, it focuses on identifying housing and community development needs and the resources available to address them.

Provide a concise summary of the jurisdiction’s activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(l)).

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 and extremely low-income persons with severe mental illness, center on the implementation of the Home Together 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.

EXHIBIT A
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Annual Action Plan
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6 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, 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 Housing and Homelessness Services, 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, non-profit service providers and housing developers, businesses, law enforcement, housing authorities, and faith-based organizations.

The City of Livermore is supportive of the Alameda County Home Together Plan 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 Home Together 2030 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 for and evaluate outcomes of projects and activities assisted by ESG funds, and develop funding, policies and procedures for the operation and administration of HMIS The City of Livermore is not an entitlement jurisdiction for ESG funding.

EXHIBIT A
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7 2. Agencies, groups, organizations and others who participated in the process and consultations
Table 2 – Agencies, groups, organizations who participated 1 Agency/Group/Organization Alameda County Housing 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 in Alameda County. 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
What section of the Plan was
addressed by Consultation?
Public Housing Needs

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8 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
Services-Homeless

EXHIBIT A
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9 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
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.

EXHIBIT A
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10 coordination?
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

EXHIBIT A
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11 What section of the Plan was
addressed by Consultation?
Housing Need Assessment
Homeless Needs - Families with children
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.

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 agencies were excluded from participation.

Other local/regional/state/federal planning efforts considered when preparing the Plan Table 3 - Other local / regional / federal planning efforts Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan?
Continuum of Care Alameda County Housing
and Community
Development
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
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 in the TriValley at a regional level and help evaluate where unmet needs are.
2024 Alameda County
Homeless Point in Time
Count
EveryOne Home Homeless population census and analysis of demographics and characteristics of those
experiencing homelessness.

Narrative
There are several shared goals and priorities related to community needs in Dublin, Livermore, and Pleasanton. The three cities meet regularly and collaborate on efforts to assess needs and strengthen capacity among Tri‑Valley service providers. Together, the cities have combined their Homeless Housing, Assistance, and Prevention (HHAP) funds to implement crisis stabilization services for the Tri‑Valley region and jointly administer a Human Services Grant Program for

EXHIBIT A
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12 non-profit organizations. In addition, the cities recently completed the 2024 Eastern Alameda County Human Services Needs Assessment, which provides an updated strategic framework for delivering safety‑net services to Tri‑Valley residents.

The City of Livermore is also a member of the Alameda County HOME Consortium, led by the Alameda County Housing and Community Development Department (HCD). The consortium includes the cities of Alameda, Fremont, Hayward, Livermore, Pleasanton, Union City, San Leandro, and the Urban County (which includes smaller cities and unincorporated areas of Alameda County). Consortium members coordinate regional housing and community development strategies through bi‑monthly meetings.

EXHIBIT A
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13 AP-12 Participation - 91.401, 91.105, 91.200(c)

1. Summary of citizen participation process/Efforts made to broaden citizen participation
HUD requires jurisdictions to maintain a Citizen Participation Plan that outlines the public input and notification processes for the Consolidated Plan, Annual Action Plan, Substantial Amendments, and the Consolidated Annual Performance and Evaluation Report (CAPER). The City’s citizen participation process is designed to promote meaningful community engagement in the planning and allocation of CDBG and HOME funds in accordance with HUD regulations.

Public outreach activities may include public meetings, stakeholder surveys, and public hearings to gather input on community needs, goals, and priorities.

All public notices are published in the local newspaper, posted on the City’s website, made available at the Multi‑Service Center (MSC), and emailed to the Human Services distribution list to ensure broad outreach to residents and non-profit providers.

In February 2024, the Cities of Livermore, Dublin, and Pleasanton completed the 2024 Eastern Alameda County Human Services Needs Assessment. The Assessment provides both qualitative and quantitative data to identify anticipated human services needs over the next five to ten years.

More than 338 individuals participated in focus groups, including non-profit agencies, first responders, faith‑based partners, and community members. On February 26, 2024, the Livermore City Council formally accepted the Needs Assessment.

For the FY 2025-2029 Consolidated Plan, a Stakeholder Survey was available from February 10- 28, 2025, to gather input on CDBG funding priorities for the subsequent five‑year period. A Consolidated Plan Public Meeting was held on February 20, 2025, to provide an overview of the CDBG process and to invite feedback from residents and stakeholders. On June 23, 2025, the City Council conducted a public hearing and received public comments on the Consolidated Plan. The resulting priorities were used to inform the objectives of the FY 2026-27 Annual Action Plan.

The Livermore Human Services Commission considered activities for inclusion in the Annual Action Plan as part of its grant funding recommendations at a public meeting held on March 12, 2024. The meetings offered opportunities for community input.

On April 9, 2026, the City published a public hearing notice announcing a May 11, 2026 public hearing on the FY 2026-27 Annual Action Plan and inviting public comment on the proposed funding allocations. The notice was published in the local newspaper and translated into Spanish for distribution in non‑English‑language publications. It was also posted 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). The 30‑day public comment period for the Annual Action Plan was from April 10 to May 11, 2026.

EXHIBIT A
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14 On May 11, 2026, the City Council held a public hearing and received public comments on the Annual Action Plan. All comments received were incorporated into the final document.

As a member of the Alameda County HOME Consortium, the City of Livermore also participates in the County’s citizen participation process. Alameda County published a notice on April 13, 2026, inviting public comment for a 30‑day period on the Consortium’s Action Plan Citizen Participation Outreach
Table 4 – Citizen Participation Outreach
Sort
Order
Mode of
Outreach
Target of
Outreach
Summary of
Response/
Attendance
Summary of
Comments
Received
Summary of
Comments
not
Accepted
and Reasons
URL (If
applicable)
1 Needs
Assessment
Outreach
Nontargeted
/broad
community
November 2022
to June 2023-
2024 Eastern
Alameda County
Human Services
Needs
Assessment
Outreach, which
included: Oneon-One
InterviewsFocus GroupsCommunity
Events-Human
Services
Commission
MeetingsCouncil
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

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15 Sort
Order
Mode of
Outreach
Target of
Outreach
Summary of
Response/
Attendance
Summary of
Comments
Received
Summary of
Comments
not
Accepted
and Reasons
URL (If
applicable)
2 Public
Hearing
Nontargeted
/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.

One public
comment was
received
regarding the
amount of
money spent
at the state
and local level
on
Homelessness
programs,
which small
results.

All
comments
were
accepted.

Livermore City
Council Meeting
- October 28,
2024 | Tri-Valley
Community
Television
3 Public
Meeting
Nontargeted
/broad
community
On December 4,
2024,
representatives
from 40
agencies and
other interested
parties
attended a TriValley 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

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16 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 Needs
Assessment
Outreach
Nontargeted
/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 FY
2025-2029
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.

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17 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
Nontargeted
/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
regarding the
pending
federal budget
cuts and how it
will impact
organizations if
the funding
goes away.

All
comments
were
accepted.

EXHIBIT A
1181
Annual Action Plan
2026
18 Sort
Order
Mode of
Outreach
Target of
Outreach
Summary of
Response/
Attendance
Summary of
Comments
Received
Summary of
Comments
not
Accepted
and Reasons
URL (If
applicable)
6 Public
Hearing
Nontargeted
/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 FY
2025-26 Annual
Action Plan, and
the Citizen
Participation
Plan.

Two public
comments
were received.

Both
comments
were to
thanking City
Council and
Staff for their
continued
support of the
CDBG and
HOME
program and
encouraging
the City to
continue to
monitor
federal budget
cuts and the
impacts it
would have on
local providers.

All
comments
were
accepted.

Livermore City
Council Meeting
- June 23, 2025 |
Tri-Valley
Community
Television
7 Public
Hearing
Nontargeted
/broad
community
On May 11,
2026, the City
Council held a
public hearing
to obtain public
comment
related to the
FY 2026-27
Annual Action
Plan.
(to be
updated)
All
comments
were
accepted.

EXHIBIT A
1182
Annual Action Plan
2026
19 Expected Resources
AP-15 Expected Resources - 91.420(b), 91.220(c)(1,2)
Introduction
The City of Livermore anticipates receiving annual Community Development Block Grant (CDBG) allocations from HUD as a CDBG entitlement jurisdiction. The Consolidated Plan projected an annual allocation of $396,908, based on the FY 2025-26 award. The FY 2026-27 allocation is $394,163, which is slightly lower than anticipated. CDBG funds may be used for program administration, capital projects, public service activities, and other eligible efforts that benefit low‑ and moderate‑income residents. In the FY 2026-27 Annual Action Plan, the City is also allocating $106,851.86 in unallocated FY 2019-20 CDBG entitlement funds to Tri‑Valley Haven for Women for construction of the Emergency Shelter Rebuild project.

The City also forecasted receiving approximately $123,602 annually in HOME Investment Partnerships Program (HOME) funding through the Alameda County HOME Consortium during FY 2025-2029. The FY 2026-27 allocation is $124,703, which is slightly higher than projected.

Anticipated Resources
Table 5 - Expected Resources – Priority Table
Program Source of
Funds
Uses of Funds Expected Amount Available Year 2 Expected Amount
Available
Remainder of
ConPlan
$
Narrative
Annual Description
Allocation:
$
Program
Income:
$
Prior Year
Resources:
$
Total:
$
CDBG Public -
federal
Acquisition
Admin and
Planning
Economic
Development
Housing
Public
Improvements
Public Services $ 394,163 0 106,851.86 501,014.86 $1,232,630.14 The City received
$394,163 of
entitlement funding
and is allocating
$106,851.86 of a prior
year CDBG entitlement
in the FY 2026-27
Action Plan.

EXHIBIT A
1183
Annual Action Plan
2026
20 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 funding. 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.

City General funds are also used for specific projects such as the operation of the Multi-Service Center, 2-1-1, and other homeless services. The City of Livermore will continue identifying onetime 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 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.

EXHIBIT A
1184
Annual Action Plan
2026
21 Annual Goals and Objectives
AP-20 Annual Goals and Objectives - 91.420, 91.220(c)(3)&(e) Goals Summary Information
Table 6 – Goals Summary
Sort
Order
Goal Name Start
Year
End
Year
Category Geographic
Area
Needs
Addressed
Funding Goal Outcome Indicator
1 Affordable
Housing and
Rental
Assistance
2025 2029 Affordable
Housing
CityWide
Affordable
Housing
CDBG:
$99,769
Tenant-based rental
assistance/ Rapid
Rehousing:
17 Households Assisted
2 Support Core
Public Services
2025 2029 Homeless
NonHomeless
Special
Needs NonHousing
Community
Development
City-wide Service
Provision,
Awareness,
and
Navigation
CDBG:
$59,124
Public service activities
other than Low/Moderate
Income Housing Benefit:
160 Persons Assisted
3 Improving
Public
Infrastructure
and Facilities
2025 2029 Non-Housing
Community
Development
City-wide Community
Development
CDBG:
$263,288.86
Public Facility or
Infrastructure Activities
other than Low/Moderate
Income Housing Benefit:
2 Other
Goal Descriptions
1 Goal Name Affordable Housing and Rental Assistance
Goal Description Provide housing navigation services for affordable housing and rental assistance to low-tomoderate 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.

EXHIBIT A
1185
Annual Action Plan
2026
22 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.

In the upcoming program year, the City also expects to serve 17 low-income Livermore community members through its annual HOME Tenant-Based Rental Assistance Program (TBRA).

EXHIBIT A
1186
Annual Action Plan
2026
23 AP-35 Projects - 91.420, 91.220(d)
Introduction
This section of the Action Plan includes the proposed projects and activities to be undertaken by the City of Livermore to address the priority needs and goals in the FY 2025-2029 Consolidated Plan. The projects described in this section are funded with FY 2026-27 federal CDBG entitlement funds and FY 2019-20 prior year unallocated CDBG entitlement funds. Several projects that the City funds through its Housing and Human Services Grants (HHSG) Program utilize local funding sources such as the General Fund, SOE and In-Lieu Housing Funds, and are not included in this project list.

Table 7 – Project Information
# Project Name
1 Abode-Tenant Based Rental Assistance (TBRA)
2 Tri-Valley Haven for Women- Tenant Based Rental Assistance (TBRA) 3 Section 108 Loan Repayment-Axis Medical Clinic
4 Tri-Valley Haven for Women- Emergency Shelter Rebuild 5 Spectrum Community Services - Meals on Wheels
6 Administration: Support and Expand Community Services Describe the reasons for allocation priorities and any obstacles to addressing underserved needs
The City of Livermore allocates its annual Housing and Human Services Grants Program funds to support the widest-ranging level of underserved needs in the community.  The funding is allocated to a variety of housing and public service projects and activities to help address the priority needs identified in the five-year Consolidated Plan. Local funds such as the City’s General Fund, SOE and the In-Lieu Housing Fund leverage federal funding. The main obstacle to addressing the needs of underserved populations is the significant gap between the level of need in the community and the amount of available funding.

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.

EXHIBIT A
1187
Annual Action Plan
2026
24 AP-38 Project Summary
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 6/30/2027
Estimate the number
and type of families
that will benefit
from the proposed
activities
It is estimated that 7 people experiencing homelessness will benefit from the proposed activities.

Location Description Citywide
Planned Activities Provide case management to people experiencing homelessness that are receiving rental subsidies.
2 Project Name Tri-Valley Haven for Woman- 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 6/30/2027
Estimate the number
and type of families
that will benefit
from the proposed
It is estimated that 10 Livermore domestic violence survivors and people experiencing homelessness will benefit from the proposed activities.

EXHIBIT A
1188
Annual Action Plan
2026
25 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
Funding CDBG: $26,194
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 6/30/2027
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 Tri-Valley Haven for Women- Emergency Shelter Rebuild Target Area City-wide
Goals Supported Improve Public Infrastructure and Facilities Needs Addressed Improve Public Infrastructure and Facilities Funding CDBG: $237,094.86
Description Funds will be used to rebuild an Emergency Shelter located here in Livermore.

Target Date 6/30/2027
Estimate the number
and type of families
that will benefit
from the proposed
activities
Tri-Valley Haven anticipates serving 100 low-income Livermore individuals per year once the project is completed.

Location Description Confidential Location
Planned Activities The rebuilding of the Emergency Shelter located in Livermore, CA. City is

EXHIBIT A
1189
Annual Action Plan
2026
26 allocating prior year entitlement funds in the amount of $106,851.86 plus FY 2026-27 entitlement in the amount of $130,243 toward this project for a total of $237,094.86.
5 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: $59,124
Description Spectrum Community Services provides a Meals on Wheels program in Livermore, ensuring the delivery of nutritious meals and safety checks for homebound, elderly Livermore residents.

Target Date 6/30/2027
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.
6 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: $78,833
Description Administration of CDBG program to support and expand community services.

Target Date 6/30/2027
Estimate the number
and type of families
that will benefit from
n/a

EXHIBIT A
1190
Annual Action Plan
2026
27 the proposed
activities
Location Description Citywide
Planned Activities Administration of CDBG program to support and expand community services.

EXHIBIT A
1191
Annual Action Plan
2026
28 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 are distributed to local nonprofit organizations through the City of Livermore’s Housing and Human Services Grant process. These organizations use the awarded funds to provide services to residents throughout the City.

Some funded organizations may have their primary offices located in other Alameda County cities-such as Dublin, Pleasanton, Fremont, Oakland, or Hayward-and may deliver services in neighboring jurisdictions within the greater Tri-Valley area. In these cases, Livermore residents are served as part of the agencies’ broader regional service delivery. However, all funding allocated by the City of Livermore is used exclusively to provide services to eligible Livermore residents.

Geographic Distribution
Table 8 - Geographic Distribution
Target Area Percentage of Funds
City-wide 100%
Rationale for the priorities for allocating investments geographically To maximize and effectively leverage federal resources, the Tri‑Valley Cities, Livermore, Dublin, and Pleasanton, coordinate to ensure comprehensive delivery of services across the region. Collaborative investments include support for programs such as Open Heart Kitchen, which provides nutritious meals to seniors and individuals experiencing homelessness in all three cities.

Discussion
The City of Livermore, in coordination with its community partners, will continue to provide services to residents throughout the city. In alignment with the 2024 Eastern Alameda County Human Services Needs Assessment and feedback from recent community needs workshops, the City will maintain its focus on addressing evolving demographic trends and identified service needs. Priority needs include those affecting seniors, low‑income families, individuals experiencing homelessness, and persons with disabilities.

EXHIBIT A
1192
Annual Action Plan
2026
29 AP-75 Barriers to affordable housing -91.420, 91.220(j) Introduction
The City of Livermore utilizes a variety of federal and local funding sources to support and incentivize the development of affordable housing within the community. The City maintains an Affordable Housing Fund that provides financial assistance for the development and preservation of affordable housing, as well as for other housing-related programs that serve lower‑income residents.

Affordable housing impact fees collected by the City are deposited into the Affordable Housing Fund and are used to offset costs associated with the acquisition, construction, and permanent financing of affordable housing units. The amount of impact fees received in any given year varies based on the level of residential and commercial development activity.

These local funds are leveraged with State grant sources, including the Local Housing Trust Fund Grant and the Permanent Local Housing Allocation Grant, which the City of Livermore secures to further support the development of affordable housing units.

Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment
The City of Livermore has adopted three local ordinances to help address the adverse effects of public policies that may create barriers to affordable housing. These ordinances require developers of both new residential and non‑residential projects to contribute to the City’s affordable housing supply and to the development of infrastructure and facilities needed to support social services, including childcare, community care, and senior services.

The City’s Inclusionary Housing Ordinance requires that a portion of units in all residential developments be reserved as affordable to low‑ and moderate‑income households. Residential projects with ten or fewer units are not required to construct affordable units on‑site but must instead pay the affordable housing in‑lieu fee. Housing units produced through State density bonus provisions are exempt from the City’s inclusionary housing fee.

The Inclusionary Housing Ordinance helps address market constraints by requiring developers to include a 15-20% of affordable units within their projects, thereby increasing the overall production of affordable housing. The ordinance includes a “must‑build” requirement mandating that affordable units be constructed on‑site. It also creates opportunities for lower‑income households to enter the homeownership market. Because almost all residential land in Livermore is privately owned, even with the availability of inclusionary housing fees, the City and nonprofit developers face challenges competing for land suitable for affordable housing development.

Additionally, the ordinance promotes the distribution of mixed‑income housing throughout the

EXHIBIT A
1193
Annual Action Plan
2026
30 city rather than concentrating affordable housing in specific areas. This aligns with the City’s goal of fostering a socioeconomically integrated community and ensures that residents of affordable units have access to the same amenities, such as parks, transit, and schools, available in or near market‑rate developments.

The City will continue to implement and strengthen the ordinance to facilitate the construction of affordable units and evaluate additional policy options to encourage and expand the supply of affordable housing.

Discussion
The need for affordable housing has never been greater and the City continues to use its local financial resources and regulatory tools to produce affordable housing opportunities.

EXHIBIT A
1194
Annual Action Plan
2026
31 AP-85 Other Actions - 91.420, 91.220(k)
Introduction
This section describes actions that the City of Livermore plans to undertake in FY 2026-27 and during the 5-Year Consolidated Plan (FY 2025-2029) 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 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 process.

Actions planned to foster and maintain affordable housing The City is addressing the lack of affordable housing by funding 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). As previously described, the City also 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 600 affordable rental and for-sale units.

The City also funds non-profit 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

EXHIBIT A
1195
Annual Action Plan
2026
32 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.

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) fund and the Human Servies Facility Fee Fund. The SOE fund 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 the

EXHIBIT A
1196
Annual Action Plan
2026
33 City Council.

In the upcoming program year, the City of Livermore will continue to partner with the City’s community-based organizations to deliver social services to the community. 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 community members. Examples of planned actions include working with neighboring jurisdictions to build capacity for current service providers, helping County agencies better understand local service needs, and identifying ways to partner with faith communities on streamlining resources and support for local service providers.

Actions planned to enhance coordination between public and private housing and social service agencies
In the upcoming program year, the City of Livermore will continue to partner with non-profit housing organizations, the Livermore Housing Authority, and County social service agencies to produce more affordable housing, strengthen local non-profit 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.

EXHIBIT A
1197
Annual Action Plan
2026
34 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 include this Annual Action Plan. 95%

EXHIBIT A
1198

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.

Signature of Authorized Official Date
0DULDQQD $%XUFK&LW\0DQDJHU
Title
Docusign Envelope ID: BD502A15-5FBA-43C1-9802-DD1FEB39D5A8 APPROVED AS TO FORM:
_____________________
Deputy/Assistant/Senior Assistant/City Attorney

EXHIBIT B
1199
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 and moderate income in a manner that ensures that at least 70 percent of the amount is expended for activities that benefit such persons during the designated period. 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.

Docusign Envelope ID: BD502A15-5FBA-43C1-9802-DD1FEB39D5A8

EXHIBIT B
1200
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.

EXHIBIT B
1201
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
0DULDQQD $%XUFK&LW\0DQDJHU
Docusign Envelope ID: BD502A15-5FBA-43C1-9802-DD1FEB39D5A8 APPROVED AS TO FORM:
_____________________
Deputy/Assistant/Senior Assistant/City Attorney

EXHIBIT B
1202

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.

Docusign Envelope ID: BD502A15-5FBA-43C1-9802-DD1FEB39D5A8

EXHIBIT B
1203
Form HUD 424-B (1/27/2023)
Applicant and Recipient
Assurances and Certifications
U.S. Department of Housing
and Urban Development
OMB Number: 2501-0044
Expiration Date: 2/28/2027
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, 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 not use Federal funding to promote diversity, equity, and inclusion (DEI) mandates, policies, programs, or activities that violate any applicable Federal anti-discrimination laws.

7. 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.

8. 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.

9. 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 TDHEs 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, accurate, 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; 24 CFR §28.10(b)(1)(iii)).
* Signature:
* Date: (mm/dd/yyyy):

Marianna A. Burch
City Manager
City of Livermore
Docusign Envelope ID: BD502A15-5FBA-43C1-9802-DD1FEB39D5A8 APPROVED TO FORM:
_______________
Deputy/Assistant/Senior
Assistant/City Attorney

EXHIBIT B
1204
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 424-B 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).

Docusign Envelope ID: BD502A15-5FBA-43C1-9802-DD1FEB39D5A8

EXHIBIT B
1205
OMB Number: 4040-0004
Expiration Date: 03/31/2029
* 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
06/03/2026
B-26-MC-06-0041
City of Livermore
94-6000359 KGBMZK3CQF36
1052 South Livermore Avenue
Livemore
CA: California
USA: UNITED STATES
94550-4899
Community Development Dept Housing and Human Services
Mr. Josh
Thurman
Human Services Programs Manager
925-960-4590
[email protected]
Docusign Envelope ID: BD502A15-5FBA-43C1-9802-DD1FEB39D5A8

EXHIBIT B
1206
* 9. Type of Applicant 1: Select Applicant Type:

Type of Applicant 2: Select Applicant Type:

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

11. Assistance Listing Number:

Assistance Listing Title:
* 12. Funding Opportunity Number:
* Title:

13. Competition Identification Number:

Title:

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

Attach supporting documents as specified in agency instructions.

Application for Federal Assistance SF-424
C: City or Township Government
US Department of Housing and Urban Development
14-218
Community Development Block Grants/Entitlement Grants
B-26-MC-06-0041
Community Development Block Grant Program
City of Livermore, CA
Community Development Block Grant Program
FY 2026-27
Add Attachments Delete Attachments View Attachments
Add Attachment Delete Attachment View Attachment
Docusign Envelope ID: BD502A15-5FBA-43C1-9802-DD1FEB39D5A8

EXHIBIT B
1207
* a. Federal
* b. Applicant
* c. State
* d. Local
* e. Other
* f. Program Income
* g. TOTAL
.

Prefix: * First Name:

Middle Name:
* Last Name:

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

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

18. Estimated Funding ($):

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

Authorized Representative:

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

16. Congressional Districts Of:

17. Proposed Project:
14 14
Add Attachment Delete Attachment View Attachment
07/01/2026 06/30/2027
394,163.00

0.00 0.00

0.00 394,163.00
a. This application was made available to the State under the Executive Order 12372 Process for review on b. Program is subject to E.O. 12372 but has not been selected by the State for review. c. Program is not covered by E.O. 12372.

Yes No
Add Attachment Delete Attachment View Attachment
** I AGREE
Mrs. Marianna
A.

Burch
City Manager
925-960-4040
[email protected]
* 20. Is the Applicant Delinquent On Any Federal Debt? (If "Yes," provide explanation in attachment.) * 19. Is Application Subject to Review By State Under Executive Order 12372 Process? If "Yes", provide explanation and attach
Docusign Envelope ID: BD502A15-5FBA-43C1-9802-DD1FEB39D5A8 APPROVED AS TO FORM:
_______________________
Deputy/Assistant/Senior Assistant/City Attorney

EXHIBIT B
1208
CITY COUNCIL STAFF REPORT ITEM NO. 7.2
DATE: May 11, 2026
TO: Honorable Mayor and City Council
FROM: Carl Brown, Public Works Director
SUBJECT: Hearing to consider a resolution authorizing Livermore Sanitation, Inc.’s requested rate adjustment for solid waste, recyclable materials, and compostable materials services, pursuant to the Third Amended and Restated Agreement between the City of Livermore and Livermore Sanitation, Inc., for Solid Waste, Recyclable Materials, and Compostable Materials Services and to amend Exhibit H to the Franchise Agreement to reflect the authorized increase of 1.65% to rates

RECOMMENDED ACTION
Staff recommends the City Council hold a public hearing and adopt a resolution authorizing Livermore Sanitation, Inc.’s requested rate adjustment for solid waste, recyclable materials, and compostable materials services, pursuant to the Third Amended and Restated Agreement between the City of Livermore and Livermore Sanitation, Inc. for Solid Waste, Recyclable Materials, and Compostable Materials Services, and to amend Exhibit H to the agreement to reflect the authorized increase of 1.65% effective July 1, 2026.

DECISION TYPE
Administrative

SUMMARY
As required by the Third Amended and Restated Agreement between the City of Livermore and Livermore Sanitation, Inc. For Solid Waste, Recyclable Materials, and Compostable Materials Services (Franchise Agreement), on December 30, 2025, Livermore Sanitation, Inc. (LSI) submitted the required rate adjustment application indicating that a baseline cost increase of 1.65% is necessary.

Staff recommends that the City Council authorize the requested rate adjustment as described in Exhibit H to be effective July 1, 2026.

DISCUSSION
As required by the Third Amended and Restated Agreement between the City of Livermore and 1209
Livermore Sanitation, Inc. For Solid Waste, Recyclable Materials, and Compostable Materials Services (Franchise Agreement), on December 30, 2025, LSI submitted a rate adjustment application for Rate Year 17 (Fiscal Year 26/27). For the rate period commencing July 1, 2026, the Franchise Agreement allows LSI to adjust its rates using an index-based methodology. The index-based methodology utilizes various cost adjustment factors such as the percentage change in the consumer price index and percentage change in the disposal fees.

According to Article 8 of the Franchise Agreement, LSI is responsible for proposing rates; the City Council is responsible for authorizing rate adjustments consistent with the methodology in the Franchise Agreement. Staff applied the methodology in the Franchise Agreement to determine whether Livermore Sanitation’s requested increase was in line with that methodology. The rate adjustment application indicated that the Total Calculated Costs for all services are projected to equal $35.6 million, a 1.65% increase compared to Rate Year 16 Total Calculated Costs.

Currently, 20- and 32-gallon subscriptions make up more than 80% of the approximately 26,500 residential accounts in Livermore. Proposed rates for residential customers and commercial customers that subscribe to cart service are noted in Table 1; all customer rates are available in Exhibit H of the Franchise Agreement.

Table 1 – Current and Proposed Rates
Commercial, and Single
and Multi-family
Accounts
Current Monthly Rates
Proposed Rate
Rate Year 17 (FY 2026-
2027)
$ Increase Per Month
20-gal Cart $31.02 $31.53 $0.51
32-gal Cart $40.73 $41.40 $0.67
64-gal Cart $60.52 $61.52 $1.00
96-gal Cart $94.50 $96.06 $1.56

FISCAL AND ADMINISTRATIVE IMPACTS
The City’s General Fund currently receives approximately $3.7 million in franchise fees annually from LSI. The proposed rate changes would result in an increase in the amount of franchise fee received by approximately $138,000.

PILLAR
3: Environmental Stewardship
GOAL
2: Manage the City’s solid waste contract and develop and implement the City’s recycling program ensuring compliance with state and local regulations.

ATTACHMENTS

1. Resolution

2. Exhibit A - Customer Rates for Rate Period Seventeen 1210
Prepared by: Marisa Gan
Management Analyst II
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
1211
1 RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA A RESOLUTION AUTHORIZING LIVERMORE SANITATION, INC.’S

ANNUAL RATE ADJUSTMENT PURSUANT TO THE THIRD AMENDED

AND RESTATED AGREEMENT FOR SOLID WASTE, RECYCLABLE

MATERIALS, AND COMPOSTABLE MATERIALS SERVICES, AND

AUTHORIZING AN AMENDMENT TO EXHIBIT H OF THE AGREEMENT

TO REFLECT THE RATE ADJUSTMENT
On September 28, 2009, the Livermore City Council adopted Resolution No. 2009- 189 authorizing the execution of a franchise agreement for solid waste collection services:

Agreement between the City of Livermore and Livermore Sanitation, Inc. for Solid Waste, Recyclable Materials and Compostable Materials Services.

On May 9, 2011, the City Council adopted Resolution No. 2011-069 authorizing the execution of the Amended and Restated Agreement between the City of Livermore and Livermore Sanitation, Inc. for Solid Waste, Recyclable Materials and Compostable Materials Services.

On September 8, 2014, the City Council adopted Resolution No. 2014-141 authorizing the execution of the Second Amended and Restated Agreement between the City of Livermore and Livermore Sanitation, Inc. for Solid Waste, Recyclable Materials and Compostable Materials Services.

On June 8, 2015, the City Council adopted Resolution No. 2015-075 authorizing the Special Rate Review Amendment to the Franchise Agreement.

On November 9, 2015, the City Council adopted Resolution No. 2015-157 authorizing the execution of the Second Amendment to the Second Amended and Restated Agreement between the City of Livermore and Livermore Sanitation, Inc. for Solid Waste, Recyclable Materials and Compostable Materials Services.

On April 27, 2020, the City Council adopted Resolution No. 2020-051 authorizing the execution of the Third Amended and Restated Agreement between the City of Livermore and Livermore Sanitation, Inc. for Solid Waste, Recyclable Materials and Compostable Materials Services.

On May 9, 2022, the City Council adopted Resolution No. 2022-076 authorizing the execution of the First Amendment to the Third Amended and Restated Agreement between the City of Livermore and Livermore Sanitation, Inc. for Solid Waste, Recyclable Materials and Compostable Materials.
1212
2 RESOLUTION NO. ________
On November 28, 2022, the City Council adopted Resolution No. 2022-192 authorizing the execution of the Second Amendment to the Third Amended and Restated Agreement between the City of Livermore and Livermore Sanitation, Inc. for Solid Waste, Recyclable Materials and Compostable Materials Services.

On June 9, 2025, the City Council adopted Resolution No. 2025-0266 authorizing the execution of the Third Amendment to the Third Amended and Restated Agreement between the City of Livermore and Livermore Sanitation, Inc. for Solid Waste, Recyclable Materials and Compostable Materials Services.

The Third Amended and Restated Agreement between the City of Livermore and Livermore Sanitation, Inc. for Solid Waste, Recyclable Materials, and Compostable Materials Services, as amended (“Franchise Agreement”) provides that rates shall be adjusted annually by Livermore Sanitation, Inc. (“LSI”) through either an index-based or cost-based adjustment. For the rate period commencing July 1, 2026, the Franchise Agreement requires LSI to adjust its rates using an index-based methodology, as detailed in Section 8.3 and Exhibit I of the Franchise Agreement. The index -based methodology utilizes various cost adjustment factors such as the percentage change in the consumer price index and percentage change in the disposal fees, in compliance with the Franchise Agreement.

On December 30, 2025, LSI submitted a rate adjustment application proposing a

1.65% rate increase. After reviewing the methodology in the Franchise Agreement, staff has determined that a rate increase of 1.65% is consistent with the methodology in the Franchise Agreement.

On May 11, 2026, the City Council held a hearing to (1) authorize LSI’s rates for solid waste, recyclable materials, and compostable materials services pursuant to the Franchise Agreement and (2) amend Exhibit H to the Franchise Agreement to reflect the authorized rates. The public had notice and an opportunity to be heard at the hearing.

The rates for solid waste, recyclable materials, and compostable materials services are set and imposed by LSI. By adopting this resolution, the City does not intend to impose any rates, fees, or charges on LSI’s customers. However, if the adoption of this resolution results in the City’s imposition of any fees, rates, or charges, on LSI’s customers, for services or facilities in connection with a solid waste system, those charges are adopted pursuant to California Health and Safety Code section 5471.

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

1. Finds, based upon staff's recommendation, that the index-based rate adjustment is consistent with the methodology in the Franchise Agreement and therefore authorizes, effective July 1, 2026, the Solid Waste, Recyclable Materials, and Compostable Materials Service rates as set forth in the revised Exhibit H, attached 1213
3 RESOLUTION NO. ________
hereto as Exhibit A, which is incorporated for all purposes into the Franchise Agreement.

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 Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on May 11, 2026 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Kimberly Cilley_____
Helena Graves Kimberly Cilley
Acting City Clerk City Attorney
Exhibit A – Exhibit H Customer Rates for Rate Period Seventeen (effective July 1, 2026 – June 30, 2027)
1214

EXHIBIT H

CUSTOMER RATES FOR RATE PERIOD SEVENTEEN
(Effective July 1, 2026 - June 30, 2027)

RATES FOR SINGLE FAMILY CART SERVICE CUSTOMERS
Basic Monthly Collection Service (including Recyclables and Compostables) Curbside
Monthly
Rate
Backyard or
Sideyard
Monthly Rate
20-gallon Solid Waste Cart* $31.53 $38.82
32-gallon Solid Waste Cart* $41.40 $58.49
64-gallon Solid Waste Cart* $61.52 $96.30
96-gallon Solid Waste Cart* $96.06 $150.87
Additional Carts (Rate per Additional Cart per Month)
Extra 32-gallon Solid Waste Cart $36.86 $54.51
Extra 64-gallon Solid Waste Cart $67.61 $101.81
Extra 96-gallon Solid Waste Cart $99.10 $150.19
Extra Compostable Materials Cart* $10.44 $10.44
Extra Recyclable Materials Cart* $10.44 $10.44
* Monthly rate also includes one 96-gallon Cart for Compostables and one 96-gallon Cart for Recyclables. Customers can request smaller cart sizes for Recyclables or Compostables; however, the monthly rate shall be the same as listed above.

Income-Based Program Monthly Collection Service (including Recyclables and Compostables) Curbside
Monthly
Rate
20-gallon Solid Waste Cart** $31.53
32-gallon Solid Waste Cart** $31.53
64-gallon Solid Waste Cart** $31.53
** Must qualify and Participate in the Pacific Gas and Electric Company's California Alternate Rates for Energy (CARE) Program ** If CARE Program discontinued Income-Based Program may be discontinued ** Only customers with individual Single Family accounts are eligible **Verification required every year to participate
Material
Type Examples
Rate Per
Pickup
E-Waste Cell Phones, CPUs, Monitors, Copiers, Fax
Machines, Laptops, Mouse, Keyboards,
Printers, Televisions, Radios, Stereos,
Speakers, Telephones, VCRs, DVDs, and
Camcorders
$27.08
Major
Appliances
Air Conditioners, Refrigerators, Freezers
any items containing oil, fuel or Freon
$135.42
Bulky Items All other large items Bathtubs, furniture,
bicycles used exercise equipment beds, box
springs, tires etc.
$67.72
Container Size
Container Size
Rates for Bulky Items and E-Waste On-Call Pick-Up Service (Applicable for Single Family, Multi-Family, Commercial, and Government Customers) Exhibit H, Customer Rates
Single Family -2026 Page H-1

EXHIBIT A
1215

EXHIBIT H

CUSTOMER RATES FOR RATE PERIOD SEVENTEEN
(Effective July 1, 2026 - June 30, 2027)
Rates for Miscellaneous Service for Single Family Cart and Multi Family Cart Customers Service
Rate per
Occurrence
$173.96
$34.11
$125.23
Cart
Replacement $90.94
Trip Charge
$15.76
Cart Delivery $15.76
Organic
Overage Company supplied Kraft bag paid for in advance $10.85 Organic
Overage Customer supplied Kraft Bag $6.77
Charge if customer requires cart replacement in excess of one replacement per year at no cost for each instance of container replacement related to service level changes due to delinquent payment, damage or theft.

If driver must return due to Resident error, such as failure to place Cart Curbside before Collection time, overfilled Cart, incorrect Cart placement, contaminated materials
Cart delivery/pick-up (charge if Customer requests a change in Cart size more than once per year) Description of Service
Handy Hauler
Service (4
Cubic Yard
Bin; Temporary Use)
Per placement and removal of 4 cubic yard bin provided for occasional use Rate for rental of 4 cubic yard bin in excess of 7 days Per pull and return of 4 cubic yard bin (pull and return involves the collection of solid waste at the premises and leaving the empty handy hauler on the premises)
Exhibit H, Customer Rates
Single Family -2026 Page H-2

EXHIBIT A
1216

EXHIBIT H

CUSTOMER RATES FOR RATE PERIOD SEVENTEEN
(Effective July 1, 2026 - June 30, 2027)

RATES FOR MULTI FAMILY CART SERVICE CUSTOMERS
Solid Waste Collection Rates (Cost per month)*
123456
32-gallon Cart $41.40 $85.04 $129.47 $175.51 $223.18 $272.46 64-gallon Cart $61.52 $126.84 $193.38 $262.32 $333.71 $407.50 96-gallon Cart $96.07 $198.72 $303.25 $411.61 $523.77 $639.72 Recyclables Collection Rates for More Frequent Service (Cost per Month)** 123456
32-gallon Cart $0.00 $68.03 $103.58 $140.41 $178.55 $217.96 64-gallon Cart $0.00 $101.47 $154.70 $209.86 $266.97 $326.00 96-gallon Cart $0.00 $158.97 $242.60 $329.29 $419.02 $511.78 Compostables Collection Rates for More Frequent Service (Cost per Month)*** 123456
32-gallon Cart $0.00 $68.03 $103.58 $140.41 $178.55 $217.96 64-gallon Cart $0.00 $101.47 $154.70 $209.86 $266.97 $326.00 96-gallon Cart $0.00 $158.97 $242.60 $329.29 $419.02 $511.78 Recyclables Collection Rates for Additional Carts (Cost per Month)** 123456
32-gallon Cart $10.44 $68.03 $103.58 $140.41 $178.55 $217.96 64-gallon Cart $10.44 $101.47 $154.70 $209.86 $266.97 $326.00 96-gallon Cart $10.44 $158.97 $242.60 $329.29 $419.02 $511.78 ** Multi-Family Solid Waste collection rates include weekly service of 96-gallons of Organics and 96-gallons of Recyclables. Additional Organics and Recyclables carts, larger bins, and up to six days of collection are available at the established rates. A subscription to an adequate level of Solid Waste service is required. Customers may request less than 96- gallons of Organics or Recyclables collection but the monthly Solid Waste rate will not be discounted. ** Multi-Family Solid Waste collection rates include weekly service of 96-gallons of Organics and 96-gallons of Recyclables. Additional Organics and Recyclables carts, larger bins, and up to six days of collection are available at the established rates. A subscription to an adequate level of Solid Waste service is required. Customers may request less than 96- gallons of Organics or Recyclables collection but the monthly Solid Waste rate will not be discounted.

Container Size
Pick-Ups per Week
*** Multi-Family Solid Waste collection rates include weekly service of 96-gallons of Organics and 96-gallons of Recyclables. Additional Organics and Recyclables carts, larger bins, and up to six days of collection are available at the established rates. A subscription to an adequate level of Solid Waste service is required. Customers may request less than 96-gallons of Organics or Recyclables collection but the monthly Solid Waste rate will not be discounted.

Container Size
Pick-Ups per Week
Container Size
Pick-Ups per Week
Container Size
Pick-Ups per Week
* Multi-Family Solid Waste collection rates include weekly service of 96-gallons of Organics and 96-gallons of Recyclables. Additional Organics and Recyclables carts, larger bins, and up to six days of collection are available at the established rates. A subscription to an adequate level of Solid Waste service is required. Customers may request less than 96- gallons of Organics or Recyclables collection but the monthly Solid Waste rate will not be discounted.

Exhibit H, Customer Rates
Multi-Family - 2026 Page H-3

EXHIBIT A
1217

EXHIBIT H

CUSTOMER RATES FOR RATE PERIOD SEVENTEEN
(Effective July 1, 2026 - June 30, 2027)
RATES FOR MULTI FAMILY CART SERVICE CUSTOMERS (cont.)
Compostables Collection Rates for Additional Carts (Cost per Month)*** 123456
32-gallon Cart $10.44 $68.03 $103.58 $140.41 $178.55 $217.96 64-gallon Cart $10.44 $101.47 $154.70 $209.86 $266.97 $326.00 96-gallon Cart $10.44 $158.97 $242.60 $329.29 $419.02 $511.78 Additional On-Call Pick-Up Service for Solid Waste, Recyclables or Compostables Cart (Cost per Pick-Up) 32 to 35-gal 64-gal 96-gal
Pick-Up On Regularly Scheduled Day $12.06 $25.44 $41.28 Pick-Up Other than Regularly Scheduled Day $12.06 $25.44 $41.28 Rates for Bulky Items and E-Waste On-Call Pick-Up Service Rates for bulky items and e-waste on-call pick-up service for Multi Family customers are provided on Page H-1 of this Exhibit.

Rates for Miscellaneous Service
Additional rates for miscellaneous service for Multi Family cart customers are provided on Page H-1 of this Exhibit.

Container Size
Pick-Ups per Week
*** Multi-Family Solid Waste collection rates include weekly service of 96-gallons of Organics and 96-gallons of Recyclables. Additional Organics and Recyclables carts, larger bins, and up to six days of collection are available at the established rates. A subscription to an adequate level of Solid Waste service is required. Customers may request less than 96- gallons of Organics or Recyclables collection but the monthly Solid Waste rate will not be discounted.

Container Size
Exhibit H, Customer Rates
Multi-Family - 2026 Page H-4

EXHIBIT A
1218

EXHIBIT H

CUSTOMER RATES FOR RATE PERIOD SEVENTEEN
(Effective July 1, 2026 - June 30, 2027)

RATES FOR COMMERCIAL CART CUSTOMERS
Solid Waste Collection Rates (Cost per month)*
1 23456
32-gallon Cart $41.40 $85.04 $129.47 $175.51 $223.18 $272.46 64-gallon Cart $61.52 $126.84 $193.38 $262.32 $333.71 $407.50 96-gallon Cart $96.05 $198.72 $303.25 $411.61 $523.77 $639.72 Recyclables Collection Rates for More Frequent Service (Cost per Month)** 1 2 3 4 5 6
32-gallon Cart $0.00 $68.03 $103.58 $140.41 $178.55 $217.96 64-gallon Cart $0.00 $101.47 $154.70 $209.86 $266.97 $326.00 96-gallon Cart $0.00 $158.97 $242.60 $329.29 $419.02 $511.78 Compostables Collection Rates for More Frequent Service (Cost per Month)*** 1 23456
32-gallon Cart $0.00 $68.03 $103.58 $140.41 $178.55 $217.96 64-gallon Cart $0.00 $101.47 $154.70 $209.86 $266.97 $326.00 96-gallon Cart $0.00 $158.97 $242.60 $329.29 $419.02 $511.78 Recyclables Collection Rates for Additional Carts (Cost per Month)** 1 23456
32-gallon Cart $33.14 $68.03 $103.58 $140.41 $178.55 $217.96 64-gallon Cart $49.21 $101.47 $154.70 $209.86 $266.97 $326.00 96-gallon Cart $76.85 $158.97 $242.60 $329.29 $419.02 $511.78 Container Size
Pick-Ups per Week
*** Commercial Solid Waste collection rates include weekly service of 96-gallons of Organics and 96-gallons of Recyclables. Additional Organics and Recyclables carts, larger bins, and up to six days of collection are available at the established rates. A subscription to an adequate level of Solid Waste service is required. Customers may request less than 96-gallons of Organics or Recyclables collection but the monthly Solid Waste rate will not be discounted.

Container Size
Pick-Ups per Week
** Commercial Solid Waste collection rates include weekly service of 96-gallons of Organics and 96-gallons of Recyclables. Additional Organics and Recyclables carts, larger bins, and up to six days of collection are available at the established rates. A subscription to an adequate level of Solid Waste service is required. Customers may request less than 96-gallons of Organics or Recyclables collection but the monthly Solid Waste rate will not be discounted. ** Commercial Solid Waste collection rates include weekly service of 96-gallons of Organics and 96-gallons of Recyclables. Additional Organics and Recyclables carts, larger bins, and up to six days of collection are available at the established rates. A subscription to an adequate level of Solid Waste service is required. Customers may request less than 96-gallons of Organics or Recyclables collection but the monthly Solid Waste rate will not be discounted.

Container Size
Pick-Ups per Week
* Commercial Solid Waste collection rates include weekly service of 96-gallons of Organics and 96-gallons of Recyclables. Additional Organics and Recyclables carts, larger bins, and up to six days of collection are available at the established rates. A subscription to an adequate level of Solid Waste service is required. Customers may request less than 96-gallons of Organics or Recyclables collection but the monthly Solid Waste rate will not be discounted.

Container Size
Pick-Ups per Week
Exhibit H, Customer Rates
Commercial - 2026 Page H-5

EXHIBIT A
1219

EXHIBIT H

CUSTOMER RATES FOR RATE PERIOD SEVENTEEN
(Effective July 1, 2026 - June 30, 2027)
RATES FOR COMMERCIAL CART CUSTOMERS (cont.)
Compostables Collection Rates for Additional Carts (Cost per Month)*** 1 23456
32-gallon Cart $33.14 $68.03 $103.58 $140.41 $178.55 $217.96 64-gallon Cart $49.21 $101.47 $154.70 $209.86 $266.97 $326.00 96-gallon Cart $76.85 $158.97 $242.60 $329.29 $419.02 $511.78 Additional On-Call Pick-Up Service for Solid Waste, Recyclables or Compostables Cart (Cost per Pick-Up) 32 to 35-gal 64-gal 96-gal
Pick-Up On Regularly Scheduled Day $12.06 $25.44 $41.28 Pick-Up Other than Regularly Scheduled Day $12.06 $25.44 $41.28 Rates for Bulky Items and E-Waste On-Call Pick-Up Service Rates for bulky items and e-waste on-call pick-up service for commercial customers are provided on Page H-1 of this Exhibit.

RATES FOR COMMERCIAL AND RESIDENTIAL BIN CUSTOMERS
Solid Waste Rates (Cost per Month per Bin)****
1 2345612 3 4 5 6
1 cubic yard $121.35 $247.54 $378.58 $514.49 $655.26 $817.81 $242.70 $495.09 $757.18 $1,028.98 $1,310.51 $1,635.62 2 cubic yard $242.68 $495.08 $773.20 $1,050.77 $1,338.24 $1,669.75 $485.37 $990.15 $1,546.40 $2,101.55 $2,676.47 $3,339.51 3 cubic yard $364.03 $758.33 $1,159.82 $1,609.03 $2,049.23 $2,504.62 $728.07 $1,516.69 $2,319.63 $3,218.07 $4,098.48 $5,009.24 4 cubic yard $485.38 $1,011.12 $1,578.69 $2,145.36 $2,732.31 $3,407.73 $970.75 $2,022.23 $3,157.34 $4,290.75 $5,464.63 $6,815.46 5 cubic yard $619.56 $1,290.25 $1,973.35 $2,736.50 $3,485.17 $4,344.95 $1,239.10 $2,580.52 $3,946.68 $5,473.02 $6,970.35 $8,689.91 6 cubic yard $743.47 $1,548.31 $2,368.00 $3,283.81 $4,182.22 $5,213.93 $1,486.95 $3,096.62 $4,736.02 $6,567.63 $8,364.40 $10,427.88 7 cubic yard $867.38 $1,806.37 $2,819.12 $3,831.11 $4,976.95 $6,201.59 $1,734.76 $3,612.73 $5,638.25 $7,662.23 $9,953.89 $12,403.16 Recyclables Rates (Cost per Month per Bin)
1 2345612 3 4 5 6
1 cubic yard $97.07 $198.03 $302.87 $411.60 $524.20 $654.25 $194.16 $396.07 $605.74 $823.18 $1,048.41 $1,308.50 2 cubic yard $194.14 $396.06 $618.56 $840.62 $1,070.60 $1,335.80 $388.30 $792.11 $1,237.13 $1,681.24 $2,141.19 $2,671.61 3 cubic yard $291.22 $606.66 $927.85 $1,287.22 $1,639.39 $2,003.70 $582.45 $1,213.36 $1,855.71 $2,574.45 $3,278.79 $4,007.39 4 cubic yard $388.30 $808.90 $1,262.94 $1,716.30 $2,185.85 $2,726.18 $776.60 $1,617.79 $2,525.87 $3,432.60 $4,371.70 $5,452.37 5 cubic yard $495.65 $1,032.19 $1,578.69 $2,189.21 $2,788.15 $3,475.95 $991.28 $2,064.42 $3,157.35 $4,378.41 $5,576.28 $6,951.91 6 cubic yard $594.77 $1,238.65 $1,894.40 $2,627.05 $3,345.77 $4,171.15 $1,189.56 $2,477.30 $3,788.81 $5,254.10 $6,691.52 $8,342.31 7 cubic yard $693.91 $1,445.10 $2,255.31 $3,064.89 $3,981.55 $4,961.26 $1,387.81 $2,890.19 $4,510.60 $6,129.79 $7,963.12 $9,922.53 Bin Size
Pick-Ups per Week Pick-Ups per Week
**** Commercial Solid Waste collection rates include weekly service of 96-gallons of Organics and 96-gallons of Recyclables. Additional Organics and Recyclables carts, larger bins, and up to six days of collection are available at the established rates. A subscription to an adequate level of Solid Waste service is required. Customers may request less than 96-gallons of Organics or Recyclables collection but the monthly Solid Waste rate will not be discounted.

Loose Materials Compacted Materials
Bin Size
Pick-Ups per Week Pick-Ups per Week
Compacted Materials
Container Size
Pick-Ups per Week
*** Commercial Solid Waste collection rates include weekly service of 96-gallons of Organics and 96-gallons of Recyclables. Additional Organics and Recyclables carts, larger bins, and up to six days of collection are available at the established rates. A subscription to an adequate level of Solid Waste service is required. Customers may request less than 96-gallons of Organics or Recyclables collection but the monthly Solid Waste rate will not be discounted.

Container Size
Loose Materials
Exhibit H, Customer Rates
Commercial - 2026 Page H-6

EXHIBIT A
1220

EXHIBIT H

CUSTOMER RATES FOR RATE PERIOD SEVENTEEN
(Effective July 1, 2026 - June 30, 2027)
RATES FOR COMMERCIAL AND RESIDENTIAL BIN CUSTOMERS (cont.) Compostables (Cost per Month per Bin)
1 2345612 3 4 5 6
1 cubic yard $97.07 $198.03 $302.87 $411.60 $524.20 $654.25 $194.16 $396.07 $605.74 $823.18 $1,048.41 $1,308.50 2 cubic yard $194.14 $396.06 $618.56 $840.62 $1,070.60 $1,335.80 $388.30 $792.11 $1,237.13 $1,681.24 $2,141.19 $2,671.61 3 cubic yard $291.22 $606.66 $927.85 $1,287.22 $1,639.39 $2,003.70 $582.45 $1,213.36 $1,855.71 $2,574.45 $3,278.79 $4,007.39 4 cubic yard $388.30 $808.90 $1,262.94 $1,716.30 $2,185.85 $2,726.18 $776.60 $1,617.79 $2,525.87 $3,432.60 $4,371.70 $5,452.37 5 cubic yard $495.65 $1,032.19 $1,578.69 $2,189.21 $2,788.15 $3,475.95 $991.28 $2,064.42 $3,157.35 $4,378.41 $5,576.28 $6,951.91 6 cubic yard $594.77 $1,238.65 $1,894.40 $2,627.05 $3,345.77 $4,171.15 $1,189.56 $2,477.30 $3,788.81 $5,254.10 $6,691.52 $8,342.31 Additional On-Call Pick-Up for Solid Waste, Recyclables or Compostables Bin (Cost per Pick-Up) 1 cu yd 2 cu yd 3 cu yd 4 cu yd 5 cu yd 6 cu yd 1 cu yd 2 cu yd 3 cu yd 4 cu yd 5 cu yd 6 cu yd Pick-Up On Regularly
Scheduled Day $31.01 $62.01 $93.04 $124.00 $186.02 $217.01 $62.03 $124.02 $186.07 $248.01 $372.03 $434.03 Pick-Up Other than
Regularly Scheduled
Day
$55.09 $84.67 $114.52 $144.06 $198.04 $233.03 $110.19 $169.35 $229.05 $288.10 $396.09 $466.06 Rates for Bulky Items and E-Waste On-Call Pick-Up Service Rates for bulky items and e-waste on-call pick-up service for Commercial bin customers are provided on Page H-1of this Exhibit.

Contaminated Recyclables or Compostables Cart (Cost per Pick-Up) 32 to 35-gal 64-gal 96-gal
Pick-Up On Regularly Scheduled Day $24.12 $50.91 $82.55 Pick-Up Other than Regularly Scheduled Day $24.12 $50.91 $82.55 Contaminated Recyclables or Compostables Bin (Cost per Pick-Up) 1 cu yd 2 cu yd 3 cu yd 4 cu yd 5 cu yd 6 cu yd 1 cu yd 2 cu yd 3 cu yd 4 cu yd 5 cu yd 6 cu yd Pick-Up On Regularly
Scheduled Day $62.03 $124.02 $186.07 $248.01 $372.03 $434.03 $124.05 $248.05 $372.15 $496.02 $744.05 $868.06 Pick-Up Other than
Regularly Scheduled
Day
$110.19 $169.35 $229.05 $288.10 $396.09 $466.06 $220.38 $338.69 $458.09 $576.21 $792.19 $932.12 Loose Materials Compacted Materials
Container Size Container Size
Container Size
Loose Materials Compacted Materials
Container Size Container Size
Bin Size
Pick-Ups per Week Pick-Ups per Week
Loose Materials Compacted Materials
Exhibit H, Customer Rates
Commercial - 2026 Page H-7

EXHIBIT A
1221

EXHIBIT H

CUSTOMER RATES FOR RATE PERIOD SEVENTEEN
(Effective July 1, 2026 - June 30, 2027)
Rate per
Occurrence
$173.96
$34.11
$125.23
$90.94
$15.76
$15.76
$23.64
$89.74
$31.44
$159.57
$90.94
Steam Cleaning Bin Charge per visit
Steam Cleaning Cart Charge per visit
Overage Charge Per cubic yard rate
Standby Charge Charge for waiting for access to Cart/Bin or for Cart/Bin to be loaded Lost Lock Fee for replacing lost lock
Cart Replacement Charge if customer requires cart replacement in excess of one replacement per year at no cost for each instance of container replacement related to service level changes due to delinquent payment, damage or theft.

Trip Charge (for Bin) If driver must return due to Customer error, such as failure to make Bin accessible before Collection time, overfilled Bin, incorrect Bin placement, contaminated materials) Trip Charge (for Carts) If driver must return due to customer error, such as failure to make Cart accessible before collection time, overfilled Cart, incorrect Cart placement, contaminated materials) Handy Hauler Service (4 Cubic Yard
Bin; Temporary Use)
Per placement and removal of 4 cubic yard bin provided for occasional use Rate for rental of 4 cubic yard bin in excess of 7 days Per pull and return of 4 cubic yard bin (pull and return involves the collection of solid waste at the premises and leaving the empty handy hauler on the premises)
Rates for Miscellaneous Services for Commercial and Residential Bin and Commercial Cart Customers Service Description of Service
Exhibit H, Customer Rates
Commercial - 2026 Page H-8

EXHIBIT A
1222

EXHIBIT H

CUSTOMER RATES FOR RATE PERIOD SEVENTEEN
(Effective July 1, 2026 - June 30, 2027)

RATES FOR GOVERNMENT CART CUSTOMERS
(Qualifying Government Customers include Federal and State facilities located with in the City of Livermore) Solid Waste Collection Rates (Cost per month)*
123456
32-gallon Cart $20.71 $42.52 $64.73 $87.75 $111.59 $136.23 64-gallon Cart $30.76 $63.43 $96.69 $131.16 $166.86 $203.76 96-gallon Cart $48.03 $99.36 $151.63 $205.81 $261.89 $319.86 Recyclables Collection Rates for More Frequent Service (Cost per Month)** 123456
32-gallon Cart $0.00 $34.01 $51.79 $70.20 $89.28 $108.98 64-gallon Cart $0.00 $50.73 $77.36 $104.93 $133.49 $163.01 96-gallon Cart $0.00 $79.49 $121.30 $164.64 $209.51 $255.89 Compostables Collection Rates for More Frequent Service (Cost per Month)*** 123456
32-gallon Cart $0.00 $34.01 $51.79 $70.20 $89.28 $108.98 64-gallon Cart $0.00 $50.73 $77.36 $104.93 $133.49 $163.01 96-gallon Cart $0.00 $79.49 $121.30 $164.64 $209.51 $255.89 Recyclables Collection Rates for Additional Carts (Cost per Month)** 123456
32-gallon Cart $16.57 $34.01 $51.79 $70.20 $89.28 $108.98 64-gallon Cart $24.61 $50.73 $77.36 $104.93 $133.49 $163.01 96-gallon Cart $38.42 $79.49 $121.30 $164.64 $209.51 $255.89 ** Government Solid Waste collection rates include weekly service of 96-gallons of Organics and 96-gallons of Recyclables. Additional Organics and Recyclables carts, larger bins, and up to six days of collection are available at the established rates. A subscription to an adequate level of Solid Waste service is required. Customers may request less than 96-gallons of Organics or Recyclables collection but the monthly Solid Waste rate will not be discounted.

Container Size
Pick-Ups per Week
* Government Solid Waste collection rates include weekly service of 96-gallons of Organics and 96-gallons of Recyclables. Additional Organics and Recyclables carts, larger bins, and up to six days of collection are available at the established rates. A subscription to an adequate level of Solid Waste service is required. Customers may request less than 96-gallons of Organics or Recyclables collection but the monthly Solid Waste rate will not be discounted.

Container Size
Pick-Ups per Week
** Government Solid Waste collection rates include weekly service of 96-gallons of Organics and 96-gallons of Recyclables. Additional Organics and Recyclables carts, larger bins, and up to six days of collection are available at the established rates. A subscription to an adequate level of Solid Waste service is required. Customers may request less than 96-gallons of Organics or Recyclables collection but the monthly Solid Waste rate will not be discounted.

Container Size
Pick-Ups per Week
*** Government Solid Waste collection rates include weekly service of 96-gallons of Organics and 96-gallons of Recyclables. Additional Organics and Recyclables carts, larger bins, and up to six days of collection are available at the established rates. A subscription to an adequate level of Solid Waste service is required. Customers may request less than 96-gallons of Organics or Recyclables collection but the monthly Solid Waste rate will not be discounted.

Container Size
Pick-Ups per Week
Exhibit H, Customer Rates
Government - 2026 Page H-9

EXHIBIT A
1223

EXHIBIT H

CUSTOMER RATES FOR RATE PERIOD SEVENTEEN
(Effective July 1, 2026 - June 30, 2027)
RATES FOR GOVERNMENT CART CUSTOMERS (cont.)
Compostables Collection Rates for Additional Carts (Cost per Month)*** 123456
32-gallon Cart $16.57 $34.01 $51.79 $70.20 $89.28 $108.98 64-gallon Cart $24.61 $50.73 $77.36 $104.93 $133.49 $163.01 96-gallon Cart $38.42 $79.49 $121.30 $164.64 $209.51 $255.89 Additional On-Call Pick-Up Service for Solid Waste, Recyclables or Compostables Cart (Cost per Pick-Up) 32 to 35-gal 64-gal 96-gal
Pick-Up On Regularly Scheduled Day $6.04 $12.73 $20.63
Pick-Up Other than Regularly Scheduled Day $6.04 $12.73 $20.63

RATES GOVERNMENT BIN SERVICE CUSTOMERS
Solid Waste Rates (Cost per Month per Bin)****
123456123 4 5 6
1 cubic yard $60.67 $123.77 $189.29 $257.26 $327.63 $408.91 $121.36 $247.55 $378.59 $514.49 $655.27 $817.81 2 cubic yard $121.34 $247.54 $386.61 $525.38 $669.12 $834.88 $242.69 $495.08 $773.20 $1,050.78 $1,338.24 $1,669.75 3 cubic yard $182.01 $379.16 $579.90 $804.52 $1,024.62 $1,252.32 $364.03 $758.35 $1,159.82 $1,609.03 $2,049.23 $2,504.62 4 cubic yard $242.69 $505.57 $789.34 $1,072.68 $1,366.16 $1,703.88 $485.38 $1,011.11 $1,578.68 $2,145.37 $2,732.32 $3,407.72 5 cubic yard $309.78 $645.13 $986.68 $1,368.25 $1,742.59 $2,172.47 $619.56 $1,290.25 $1,973.34 $2,736.51 $3,485.18 $4,344.96 6 cubic yard $371.73 $774.16 $1,184.01 $1,641.90 $2,091.10 $2,606.98 $743.48 $1,548.31 $2,368.01 $3,283.82 $4,182.21 $5,213.93 7 cubic yard $433.69 $903.19 $1,409.56 $1,915.56 $2,488.47 $3,100.79 $867.39 $1,806.36 $2,819.12 $3,831.12 $4,976.95 $6,201.59 Bin Size
Pick-Ups per Week Pick-Ups per Week
**** Government Solid Waste collection rates include weekly service of 96-gallons of Organics and 96-gallons of Recyclables. Additional Organics and Recyclables carts, larger bins, and up to six days of collection are available at the established rates. A subscription to an adequate level of Solid Waste service is required. Customers may request less than 96-gallons of Organics or Recyclables collection but the monthly Solid Waste rate will not be discounted.

Container Size
Loose Materials Compacted Materials
Exhibit H, Customer Rates
Government - 2026 Page H-10

EXHIBIT A
1224

EXHIBIT H

CUSTOMER RATES FOR RATE PERIOD SEVENTEEN
(Effective July 1, 2026 - June 30, 2027)

RATES FOR GOVERNMENT FOR BIN SERVICE CUSTOMERS (cont.)
Recyclables Rates (Cost per Month per Bin)
123456123 4 5 6
1 cubic yard $48.54 $99.02 $151.44 $205.80 $262.10 $327.13 $97.08 $198.04 $302.87 $411.59 $524.20 $654.25 2 cubic yard $97.07 $198.03 $309.29 $420.31 $535.30 $667.90 $194.15 $396.06 $618.56 $840.62 $1,070.60 $1,335.80 3 cubic yard $145.61 $303.33 $463.92 $643.61 $819.70 $1,001.85 $291.23 $606.68 $927.86 $1,287.23 $1,639.40 $2,003.70 4 cubic yard $194.15 $404.46 $631.48 $858.15 $1,092.93 $1,363.10 $388.30 $808.90 $1,262.94 $1,716.31 $2,185.85 $2,726.18 5 cubic yard $247.83 $516.10 $789.34 $1,094.61 $1,394.08 $1,737.98 $495.65 $1,032.20 $1,578.68 $2,189.21 $2,788.15 $3,475.96 6 cubic yard $297.40 $619.32 $947.21 $1,313.53 $1,672.88 $2,085.57 $594.77 $1,238.65 $1,894.40 $2,627.05 $3,345.76 $4,171.16 7 cubic yard $346.96 $722.55 $1,127.65 $1,532.46 $1,990.77 $2,480.63 $693.91 $1,445.10 $2,255.30 $3,064.90 $3,981.56 $4,961.27 Compostables (Cost per Month per Bin)
123456123 4 5 6
1 cubic yard $48.54 $99.02 $151.44 $205.80 $262.10 $327.13 $97.08 $198.04 $302.87 $411.59 $524.20 $654.25 2 cubic yard $97.07 $198.03 $309.29 $420.31 $535.30 $667.90 $194.15 $396.06 $618.56 $840.62 $1,070.60 $1,335.80 3 cubic yard $145.61 $303.33 $463.92 $643.61 $819.70 $1,001.85 $291.23 $606.68 $927.86 $1,287.23 $1,639.40 $2,003.70 4 cubic yard $194.15 $404.46 $631.48 $858.15 $1,092.93 $1,363.10 $388.30 $808.90 $1,262.94 $1,716.31 $2,185.85 $2,726.18 5 cubic yard $247.83 $516.10 $789.34 $1,094.61 $1,394.08 $1,737.98 $495.65 $1,032.20 $1,578.68 $2,189.21 $2,788.15 $3,475.96 6 cubic yard $297.40 $619.32 $947.21 $1,313.53 $1,672.88 $2,085.57 $594.77 $1,238.65 $1,894.40 $2,627.05 $3,345.76 $4,171.16 Additional On-Call Pick-Up for Solid Waste, Recyclables or Compostables Bin (Cost per Pick-Up) 1 cu yd 2 cu yd 3 cu yd 4 cu yd 5 cu yd 6 cu yd 1 cu yd 2 cu yd 3 cu yd 4 cu yd 5 cu yd 6 cu yd Pick-Up On
Regularly Scheduled
Day
$15.51 $31.00 $46.53 $62.01 $93.01 $108.51 $31.01 $62.02 $93.04 $124.00 $186.02 $217.01 Pick-Up Other than
Regularly Scheduled
Day
$27.56 $42.35 $57.26 $72.03 $99.03 $116.52 $55.09 $84.67 $114.52 $144.06 $198.04 $233.03 Rates for Bulky Items and E-Waste On-Call Pick-Up Service Rates for bulky items and e-waste on-call pick-up service for Government customers are provided on Page H-1 of this Exhibit.

Loose Materials Compacted Materials
Container Size Container Size
Bin Size
Pick-Ups per Week Pick-Ups per Week
Loose Materials Compacted Materials
Bin Size
Pick-Ups per Week Pick-Ups per Week
Loose Materials Compacted Materials
Exhibit H, Customer Rates
Government - 2026 Page H-11

EXHIBIT A
1225

EXHIBIT H

CUSTOMER RATES FOR RATE PERIOD SEVENTEEN
(Effective July 1, 2026 - June 30, 2027)
Rates for Miscellaneous Services for Government Bin and Cart Customers Rate per
Occurrence
$86.99
$17.07
$62.62
$45.47
$7.88
$7.88
$11.83
$44.87
$15.73
$79.79
Steam Cleaning Cart Charge per visit $45.47
Standby Charge Charge for waiting for access to Cart/Bin or for Cart/Bin to be loaded Lost Lock Fee for replacing lost lock
Steam Cleaning Bin Charge per visit
Trip Charge (for Bin) If driver must return due to Customer error, such as failure to make Bin accessible before Collection time, overfilled Bin, incorrect Bin placement, contaminated materials) Trip Charge (for Carts) If driver must return due to customer error, such as failure to make Cart accessible before collection time, overfilled Cart, incorrect Cart placement, contaminated materials) Overage Charge Per cubic yard rate
Handy Hauler Service (4 Cubic
Yard Bin; Temporary Use)
Per placement and removal of 4 cubic yard bin provided for occasional use Rate for rental of 4 cubic yard bin in excess of 7 days Per pull and return of 4 cubic yard bin (pull and return involves the collection of solid waste at the premises and leaving the empty handy hauler on the premises) Cart Replacement Charge if customer requires cart replacement in excess of one replacement per year at no cost for each instance of container replacement related to service level changes due to delinquent payment, damage or theft.

Service Description of Service
Exhibit H, Customer Rates
Government - 2026 Page H-12

EXHIBIT A
1226

EXHIBIT H

CUSTOMER RATES FOR RATE PERIOD SEVENTEEN
(Effective July 1, 2026 - June 30, 2027)

RATES FOR DROP BOX AND COMPACTOR CUSTOMERS
Per-Pull Rates*
Customer shall be charged a per-pull rate each time its drop box or compactor box is serviced. In addition, customer will be charged for each ton of material collected at rates listed below. *Customers will be charged full Per-Pull Rate if the truck is unable to access container.

Loose Solid
Waste
Materials
Compacted
Solid Waste
Materials
Loose
Recycling,
Organics and
C&D Materials
Compacted
Recycling and
Organics
Materials
Container Size Per-Pull Rate Per-Pull Rate Per-Pull Rate Per-Pull Rate Other Charges (See list below) 6 cubic yards $227.24 Not Available $227.24 Not Available Disposal or processing costs for actual tonnage collected 12 cubic yards Not Available $908.94 Not Available $545.37 Disposal or processing costs for actual tonnage collected 15 cubic yards $378.68 $1,136.18 $227.24 $681.72 Disposal or processing costs for actual tonnage collected 16 cubic yards Not Available $1,211.94 Not Available $727.15 Disposal or processing costs for actual tonnage collected 20 cubic yards $504.98 $1,514.91 $302.98 $908.94 Disposal or processing costs for actual tonnage collected 24 cubic yards Not Available $1,817.89 Not Available $1,090.73 Disposal or processing costs for actual tonnage collected 25 cubic yards Not Available $1,893.64 Not Available $1,136.18 Disposal or processing costs for actual tonnage collected 30 cubic yards $757.46 $2,272.37 $454.48 $1,363.42 Disposal or processing costs for actual tonnage collected 40 cubic yards $1,009.94 $3,029.83 $605.97 $1,817.89 Disposal or processing costs for actual tonnage collected Disposal and Processing Rates
In addition to the per-pull rate (listed above) charged each time the drop box or compactor box is serviced, the customer will be charged for each ton of material in the drop box or compactor box based on actual weight of materials. Per-ton rates are listed below. Per-ton charges will be made after materials are collected.

Material Type Cost per Ton
Solid Waste $51.09
Recyclables $0.00
Compostables $51.09
Brick $39.50
Dirt* $50.50
Wood* $111.50
Treated Wood Waste (minimum charge of $400.00)* Variable Metal $130.50
Christmas Trees $41.00
Concrete* $39.50
Construction and demolition debris (mixed) $130.50
* Per-ton rates for dirt, wood, concrete, and mixed construction and demolition debris are subject to change.

Per-ton rates for these materials shall be equal to the gate rate posted at Vasco Road landfill for each material type.

Loads characterized as contaminated (garbage in organics, or garbage in recyclables for example) by the processing facility shall be charged at loose garbage rates.

Exhibit H, Customer Rates
Drop Box - 2026 Page H-13

EXHIBIT A
1227

EXHIBIT H

CUSTOMER RATES FOR RATE PERIOD SEVENTEEN
(Effective July 1, 2026 - June 30, 2027)
Rates for Miscellaneous Service for Drop Boxes and Compactor Boxes Rate per
Occurrence
All box sizes $124.25
All box sizes $538.50
Rate for rental of Drop Box or Compactor in excess of 7 days - per day $4.96 Rate charged at landfill - per load for Dirt Boxes. $19.71 Rate charged at landfill for Dirt Boxes. Variable
Per charges from landfill on weight ticket. $538.50
Per item $172.03
Per item $109.50
All box sizes $67.06
All box sizes $100.09
Per charges from landfill on weight ticket. $538.50
Charge for waiting for access to Box or for Box to be loaded. $89.74 All box sizes $165.80
On the rim - rates are double. Charge is dependent on tire size. Variable $58.50
$77.50
$130.50
Charged per item when found in Drop Box or Compactor loads at the landfill.

Television - Large Charged per item when found in Drop Box or Compactor loads at the landfill.

White Goods (Appliances) Charged per item when found in Drop Box or Compactor loads at the landfill.

Television - Small
Relocation Fee
Special Handling Fee
Standby Fee (Driver Time)
Steam Cleaning - Compactor
Tires
Placement Charge
Service Description of Service
Cancellation Service
Certificate of Destruction
Demurrage Charge
Environmental Fee
Fuel Fee
Hard to Handle Loads
Impound Fee
Mattresses
Exhibit H, Customer Rates
Drop Box - 2026 Page H-14

EXHIBIT A
1228

EXHIBIT H

CUSTOMER RATES FOR RATE PERIOD SEVENTEEN
(Effective July 1, 2026 - June 30, 2027)

RATES FOR GOVERNMENT DROP BOX AND COMPACTOR CUSTOMERS
Per-Pull Rates*
Customer shall be charged a per-pull rate each time its drop box or compactor box is serviced. In addition, customer will be charged for each ton of material collected at rates listed below. *Customers will be charged full Per-Pull Rate if the truck is unable to access container.

Loose Solid
Waste
Materials
Compacted
Solid Waste
Materials
Loose
Recycling,
Organics and
C&D Materials
Compacted
Recycling and
Organics
Materials
Container Size Per-Pull Rate Per-Pull Rate Per-Pull Rate Per-Pull Rate Other Charges (See list below) 6 cubic yards $113.62 Not Available $113.62 Not Available Disposal or processing costs for actual tonnage collected 12 cubic yards Not Available $454.48 Not Available $272.69 Disposal or processing costs for actual tonnage collected 15 cubic yards $189.34 $568.10 $113.62 $340.86 Disposal or processing costs for actual tonnage collected 16 cubic yards Not Available $605.98 Not Available $363.58 Disposal or processing costs for actual tonnage collected 20 cubic yards $252.49 $757.46 $151.49 $454.48 Disposal or processing costs for actual tonnage collected 24 cubic yards Not Available $908.94 Not Available $545.37 Disposal or processing costs for actual tonnage collected 25 cubic yards Not Available $946.83 Not Available $568.10 Disposal or processing costs for actual tonnage collected 30 cubic yards $378.73 $1,136.18 $227.24 $681.72 Disposal or processing costs for actual tonnage collected 40 cubic yards $504.98 $1,514.91 $302.98 $908.94 Disposal or processing costs for actual tonnage collected Disposal and Processing Rates
In addition to the per-pull rate (listed above) charged each time the drop box or compactor box is serviced, the customer will be charged for each ton of material in the drop box or compactor box based on actual weight of materials. Per-ton rates are listed below. Per-ton charges will be made after materials are collected.

Per-ton rates for these materials shall be equal to the gate rate posted at Vasco Road landfill for each material type.

Loads characterized as contaminated (garbage in organics, or garbage in recyclables for example) by the processing facility shall be charged at loose garbage rates.
(Qualifying Government Customers include Federal and State facilities located with in the City of Livermore) Exhibit H, Customer Rates
Drop Box Government - 2026 Page H-15

EXHIBIT A
1229

EXHIBIT H

CUSTOMER RATES FOR RATE PERIOD SEVENTEEN
(Effective July 1, 2026 - June 30, 2027)
Rates for Miscellaneous Service for Government Drop Boxes and Compactor Boxes Rate per
Occurrence
All box sizes $124.25
All box sizes $538.50
Rate for rental of Drop Box or Compactor in excess of 7 days - per day $4.96 Rate charged at landfill - per load for Dirt Boxes. $19.71 Rate charged at landfill for Dirt Boxes. Variable
Per charges from landfill on weight ticket. $538.50
Per item $172.03
Per item $109.50
All box sizes $67.06
All box sizes $100.09
Per charges from landfill on weight ticket. $538.50
Charge for waiting for access to Box or for Box to be loaded. $89.74 All box sizes $165.80
On the rim - rates are double. Charge is dependent on tire size. Variable $58.50
$77.50
$130.50
Charged per item when found in Drop Box or Compactor loads at the landfill.

Television - Large Charged per item when found in Drop Box or Compactor loads at the landfill.

White Goods (Appliances) Charged per item when found in Drop Box or Compactor loads at the landfill.

EXHIBIT A
1230

EXHIBIT H

CUSTOMER RATES FOR RATE PERIOD SEVENTEEN
(Effective July 1, 2026 - June 30, 2027)

RATES FOR RCI CERTIFICATION/LEED PROJECTS
Per-Pull Rates*
Customer shall be charged a per-pull rate each time its drop box or compactor box is serviced. In addition, customer will be charged for each ton of material collected at rates listed below. *Customers will be charged full Per-Pull Rate if the truck is unable to access container.

Loose Solid
Waste
Materials
Container Size Per-Pull Rate Other Charges (See list below) 6 cubic yards $227.24 Disposal or processing costs for actual tonnage collected 15 cubic yards $378.68 Disposal or processing costs for actual tonnage collected 20 cubic yards $504.98 Disposal or processing costs for actual tonnage collected 30 cubic yards $757.46 Disposal or processing costs for actual tonnage collected 40 cubic yards $1,009.94 Disposal or processing costs for actual tonnage collected Disposal and Processing Rates
In addition to the per-pull rate (listed above) charged each time the drop box or compactor box is serviced, the customer will be charged for each ton of material in the drop box or compactor box based on actual weight of materials. Per-ton rates are listed below. Per-ton charges will be made after materials are collected.

Material Type Cost per Ton Min
Wood Debris $50.00 $110.00
Wood Debris Mixed $88.00 $110.00
Demolition Debris $88.00 $110.00
Demolition Debris Mixed $88.00 $110.00
Construction Debris $50.37 $110.00
Construction Debris Mixed $88.00 $110.00
Concrete Mixed $50.37 $110.00
Concrete Oversized $37.50 $136.00
Cardboard Office Paper $48.00 $18.00
* Per-ton rates for dirt, wood, concrete, and mixed construction and demolition debris are subject to change.

Per-ton rates for these materials shall be equal to the gate rate posted at GreenWaste Zanker Resource Recovery Facility for each material type.

Loads characterized as contaminated (garbage in organics, or garbage in recyclables for example) by the processing facility shall be charged at loose garbage rates.

Exhibit H, Customer Rates
RCI - 2026 Page H-17

EXHIBIT A
1231

EXHIBIT H

CUSTOMER RATES FOR RATE PERIOD SEVENTEEN
(Effective July 1, 2026 - June 30, 2027)
Rates for Miscellaneous Service for Government Drop Boxes and Compactor Boxes Rate per
Occurrence
All box sizes $124.25
Rate for rental of Drop Box or Compactor in excess of 7 days - per day $4.96 All box sizes $67.06
All box sizes $100.09
Per charges from landfill on weight ticket. $469.71
Charge for waiting for access to Box or for Box to be loaded. $89.74 Relocation Fee
Special Handling Fee
Standby Fee (Driver Time)
Service Description of Service
Cancellation Service
Demurrage Charge
Placement Charge
Exhibit H, Customer Rates
RCI - 2026 Page H-18

EXHIBIT A
1232

EXHIBIT H

CUSTOMER RATES FOR RATE PERIOD SEVENTEEN
(Effective July 1, 2026 - June 30, 2027)

RATES FOR GOVERNMENT RCI CERTIFICATION/LEED PROJECTS
Per-Pull Rates*
Customer shall be charged a per-pull rate each time its drop box or compactor box is serviced. In addition, customer will be charged for each ton of material collected at rates listed below. *Customers will be charged full Per-Pull Rate if the truck is unable to access container.

Loose Solid
Waste
Materials
Container Size Per-Pull Rate Other Charges (See list below) 6 cubic yards $113.62 Disposal or processing costs for actual tonnage collected 15 cubic yards $189.34 Disposal or processing costs for actual tonnage collected 20 cubic yards $252.49 Disposal or processing costs for actual tonnage collected 30 cubic yards $378.73 Disposal or processing costs for actual tonnage collected 40 cubic yards $504.98 Disposal or processing costs for actual tonnage collected Disposal and Processing Rates
In addition to the per-pull rate (listed above) charged each time the drop box or compactor box is serviced, the customer will be charged for each ton of material in the drop box or compactor box based on actual weight of materials. Per-ton rates are listed below. Per-ton charges will be made after materials are collected.

Per-ton rates for these materials shall be equal to the gate rate posted at GreenWaste Zanker Resource Recovery Facility for each material type.

Loads characterized as contaminated (garbage in organics, or garbage in recyclables for example) by the processing facility shall be charged at loose garbage rates.

Exhibit H, Customer Rates
RCI Government - 2026 Page H-19

EXHIBIT A
1233

EXHIBIT H

CUSTOMER RATES FOR RATE PERIOD SEVENTEEN
(Effective July 1, 2026 - June 30, 2027)
Rates for Miscellaneous Service for Government Drop Boxes and Compactor Boxes Rate per
Occurrence
All box sizes $124.25
Rate for rental of Drop Box or Compactor in excess of 7 days - per day $4.96 All box sizes $67.06
All box sizes $100.09
Charge for waiting for access to Box or for Box to be loaded. $89.74 Relocation Fee
Standby Fee (Driver Time)
Service Description of Service
Cancellation Service
Demurrage Charge
Placement Charge
Exhibit H, Customer Rates
RCI Government - 2026 Page H-20

EXHIBIT A
1234
CITY COUNCIL STAFF REPORT ITEM NO. 8.1
DATE: May 11, 2026
TO: Honorable Mayor and City Council
FROM: Brent Smith, Community Development Director
SUBJECT: Comprehensive General Plan Update – Draft General Plan 2045

RECOMMENDED ACTION
Staff recommends the City Council:

Receive a presentation on the Draft General Plan 2045;
Consider community, General Plan Advisory Committee (GPAC), and Planning Commission feedback on the Draft General Plan 2045; and
Provide direction on any changes or revisions that should be incorporated into the Draft General Plan 2045.

DECISION TYPE
Not Applicable

SUMMARY
The Draft Livermore General Plan 2045 (Draft General Plan) updates the City’s existing 2003 General Plan to reflect current community priorities, address key challenges, and guide decision-making over the next 20 years. Shaped by extensive public engagement from 2021 to 2026, the Draft General Plan establishes a comprehensive framework of goals, policies, and implementation actions across Staterequired and locally significant topics such as land use, housing, mobility, infrastructure, and economic development.

The Draft General Plan builds on long-standing priorities like preserving open space, supporting downtown and South Livermore vitality, and promoting multimodal transportation, while introducing new emphasis on climate resilience, environmental justice, and healthy communities. Supported by an Environmental Impact Report and ongoing public input, the Draft General Plan is intended to ensure consistent and balanced decision-making in alignment with Livermore’s long-term vision, while addressing state-mandated requirements, such as planning for future housing growth.

The Draft General Plan is available at www.ImagineLivermore2045.org. 1235
Staff recommends the City Council review the Draft General Plan and provide direction on revisions that should be incorporated into the Draft General Plan.

DISCUSSION
DRAFT GENERAL PLAN 2045 PROCESS
The Draft General Plan updates the 2003 General Plan to reflect community priorities, address key issues facing the City, support future decision-making, and improve overall organization and clarity. The Draft General Plan is shaped by input received through more than 50 community events (a combination of workshops, staff presentations, property owner meetings, pop-up events, and a communitywide survey), 36 General Plan Advisory Committee (GPAC) meetings, seven Planning Commission meetings, and eight City Council meetings from 2021 through 2026. The Draft General Plan is a culmination of community, GPAC, and Planning Commission feedback and, ultimately, City Council direction.

DRAFT GENERAL PLAN 2045 OVERVIEW
The Draft General Plan includes a Vision, description of key community issues, goals and policies that guide how the City will address those issues, and it is supported by maps and diagrams. The Draft General Plan covers all State-required topics and additional locally important themes identified by the community. The document also includes an Implementation Plan, which identifies specific actions the City can take to prioritize work programs, allocate resources, and ensure decisions are aligned with the community’s long-term vision. Together, the Draft General Plan’s goals, policies, and actions provide guidance to the City on how to direct change and manage resources over the next 20 years.

The Draft General Plan is made up of the following elements (an asterisk “*” indicates the element is State required):

Land Use*: Determines the types and locations of future uses and development of land in Livermore and establishes policy guidance more broadly for land uses within the Sphere of Influence (SOI) and Planning Area.

Community Identity: Provides information about the unique qualities of Livermore, including civic life and governance, social interactions, arts and culture, the natural setting, urban design, scenic resources and gateways, lighting and glare, cultural and historic resources, and establishes policy guidance to identify, protect, and enhance these systems and features.

Mobility (Circulation)*: Establishes policy guidance for transportation systems and the movement of people and goods within the community, including roadway safety, public transit systems, bicycle and pedestrian facilities, parking facilities, air transportation, goods movement, emerging transportation technology, and identifies system improvements necessary to meet existing and projected needs.

Housing*: Identifies housing needs for residents of all income levels and establishes an action program to meet those needs, including planning for and requiring new affordable housing, preserving existing affordable housing, ensuring equal opportunity to access housing, collaborating regionally to address housing needs, and supporting energy efficiency in existing and new homes. The Housing Element is updated on a separate schedule from the rest of the General Plan to meet the requirements of State housing laws. The current 2023-2031 Housing Element is available under separate cover on the City of Livermore’s website and will not be modified as part 1236
of the General Plan 2045.

Infrastructure: Establishes policy guidance to maintain adequate infrastructure service levels, including water facilities and delivery, wastewater collection and treatment, and stormwater capture and management.

Community Services: Establishes policy guidance to support adequate access to services such as schools, childcare, solid waste disposal, healthcare and healthy food, libraries, and programs intended to support aging adults.

Open Space and Conservation*: Establishes policy guidance to conserve and protect open space and natural and agricultural resources, including park and recreation facilities in Livermore.

Noise*: Quantifies current and projected noise levels from a variety of sources, explains impacts associated with noise, and establishes policies to inform land use decision-making to address current and foreseeable noise impacts.

Safety*: Establishes law enforcement, emergency preparedness, and emergency response policies to ensure a safe community and protection from risks associated with the effects of seismic hazards, other geologic hazards, flooding, and wildland and urban fires.

Economic Development: Establishes policy guidance to facilitate and maintain a balanced mix of economic activity and a variety of economic sectors throughout the community to support the fiscal vitality of Livermore.

The Draft General Plan carries forward important ideas and concepts in Livermore's current General Plan and other long-standing planning efforts:

Maintaining and strengthening Downtown as the heart of the community Facilitating Infill Development consistent with the Urban Growth Boundary Protecting the natural environment and preservation of open space Promoting agricultural conservation and economic vitality of South Livermore Supporting bicycling, walking, and public transit as modes of travel The Draft General Plan 2045 also introduces new approaches and areas of emphasis to General Plan topics and opportunities:

Climate Resilience and Sustainability addresses climate change adaptation, greenhouse gas reduction, water conservation, and sustainable development through policies integrated throughout the Draft General Plan and denoted with an icon.

Environmental Justice ensures all residents have access to services and safe and healthy places to live and play. Policies are woven into all elements of the Draft General Plan and denoted with an icon.

Economic Development emphasizes Livermore’s diverse economy by strengthening existing businesses and facilitating the growth of an innovation, visitation, and craft economy.

Community Identity celebrates Livermore's unique qualities shaped by science, agriculture, and arts.

Healthy Communities addresses access to healthcare, healthy food, childcare, and services for aging adults.

COUNCIL POLICY DIRECTION
On April 28, 2025, the City Council directed that General Plan policy language should remain at a higher level of abstraction, and detailed strategies should be incorporated into the appropriate implementation 1237
documents (such as the Development Code). Following Council direction, staff prepared the complete set of draft goals and policies, which are published as part of the Draft General Plan 2045.

COMMUNITY FEEDBACK ON THE DRAFT GENERAL PLAN 2045
Following publication of the Draft General Plan on February 20, 2026, City staff have undertaken outreach efforts to inform the community and gather feedback, as summarized in Table 1. As of April 30, 2026, approximately 181 people have provided feedback on the Draft General Plan 2045. (Some have provided comments more than once). Attachment 1 provides a summary of community input received to date. Based on the open house, online tool, and written comments, some of the emerging themes from the community feedback on the Draft General Plan include:

Maintain and protect retail and industrial uses.

Protect open space and agricultural resources.

Provide a variety of housing types affordable to different incomes.

Plan for a multimodal transportation system.

Projected population growth appears higher than expected.

Table 1: Draft General Plan 2045 Outreach Activities and Comments Outreach Activity Date
Number of
Participants
Draft General Plan 2045 Online
Commenting Tool at
www.ImagineLivermore2045.org
Published February 20, 2026 4
Public Hearing on the General Plan 2045
Environmental Impact Report March 17, 2026 3
Open House at Robert Livermore
Community Center
March 18, 2026 30
Draft General Plan 2045 Informational
Video
Published March 18, 2026 n/a
Draft General Plan 2045 Executive
Summary
Published March 19, 2026 4
GPAC Meeting on Draft General Plan
2045
April 1, 2026 4
Pop-up Events at Farmers’ Market April 9, 2026 15
Bilingual Intercept Outreach by La Familia
(local Community Based Organization) March and April 2026 100 Planning Commission Meeting on Draft
General Plan 2045
April 21, 2026 7
Emails February through April 2026 14
GPAC FEEDBACK ON THE DRAFT GENERAL PLAN 2045
On April 1, 2026, the GPAC provided a range of comments and recommended adoption of the General Plan 2045. A summary of the GPAC meeting and feedback is included as Attachment 2. Some of the overarching themes that emerged from the GPAC’s discussion included:

Clarification that no new land uses are proposed for the east of Greenville future study area.

Emphasized planning a future Midtown Specific Plan area that would not be dependent upon 1238
future Valley Link service.

Expressed the importance of keeping the General Plan at a high level to maintain flexibility in responding to evolving needs and technologies.

The General Plan highlights the importance of South Livermore and identifies policy direction and actions to implement the continued vitality of the visitor serving region.

PLANNING COMMISSION FEEDBACK ON THE DRAFT GENERAL PLAN 2045 On April 21, the Planning Commission reviewed the Draft General Plan and received a presentation from staff. The Commission received public comments related to population growth and preservation of the Urban Growth Boundary. The Commission did not see the need for major revisions to the documents and accepted staff’s minor modifications:

Add new statement to clarify that the Floor Area Ratios (FARs) in the Land Use Element represent maximum allowable intensities. (Planning Commission did not recommend adjusting the the FAR identified in the Draft General Plan).

Add a new policy establishing an open space separation in the Doolan Canyon area, similar to existing policies for South Livermore Valley.

Make minor land use map adjustments to reflect current conditions and support existing businesses, including maintaining a dual designation in the First Street Transition Area and restoring a General Industrial designation for the Las Positas/Contractor’s Place area.

Further, the Commission recommended minor adjustments to mobility policies and suggested clarifying that any study of the East of Greenville area would not be required under any circumstance, that the City retains full discretion, and that neither the policies nor a future study would alter the Urban Growth Boundary (Attachment 3). Similarly, Attachment 3 also includes additional administrative edits staff recommends making to the Draft General Plan.

THE DRAFT GENERAL PLAN 2045 ENVIRONMENTAL IMPACT REPORT As required by the California Environmental Quality Act (CEQA), the City has prepared a Draft Environmental Impact Report (EIR) to address the environmental effects associated with adoption and implementation of the Draft General Plan 2045. The public review period for the Draft EIR began on March 7, 2023, and will end at 5:00 pm on April 24, 2026. (The Draft EIR can be found at the Imagine Livermore 2045 project website). The Draft EIR discloses the environmental impacts expected to result from implementation of the General Plan 2045 including the effects of potential future maximum buildout.

On March 17, 2026, the Planning Commission held a public hearing on the Draft EIR to receive public comments. Public comments received pertained to population assumptions included in the Draft EIR, remarking that the projections anticipate more population growth than will actually occur. The population assumptions included in the Draft EIR are not a projection or a forecast. The General Plan identifies a density range for each developable residential parcel. Whether to build new housing and at what density to build within the permitted range is at the discretion of the property owner. The Draft EIR is required to evaluate maximum potential impacts. The population numbers identified reflect the population growth that could occur with the maximum possible development capacity, as identified in the General Plan to accommodate future state housing requirements. The Draft EIR plans for a maximum of 16,610 net new 1239
housing units by the horizon year 2045 which would house approximately 43,820 net new people based on Livermore’s current average household size.

Livermore’s state housing requirement (the Regional Housing Needs Assessment, or RHNA) for 2023- 2031 is 4,570 housing units, distributed among four income categories that range from Very Low Income to Above Moderate Income. However, the Draft General Plan extends beyond the end of the 6th Housing Element cycle (2023-2031). Assuming continued 8-year housing allocation cycles, and that the General Plan’s expected horizon year is 2045, the updated General Plan designates sufficient residential land to accommodate the future 7th cycle (January 2031 to January 2039) and possibly the 8th cycle (January 2039 to January 2047), depending on the RHNA housing allocation numbers required.

The scale of future RHNA housing allocations is unknown and difficult to predict. Housing requirement numbers are ultimately determined by the State and Association of Bay Area Governments (ABAG) based on statewide demographics. Hypothetically, if the 7th cycle of state Housing requirements is in the same proportion to the existing number of homes as the 6th cycle, it would call for approximately 5,100 new units. Similarly, if the 8th cycle continues that trend, it could be expected to call for an additional 5,900 new units. The combined total would be approximately 11,000 new units over the 7th and 8th cycles (2031 to 2047). This does not include any additional “buffer” for the two future housing requirement cycles. A buffer is necessary to ensure that if the sites listed in the housing opportunity sites inventory are developed without housing or are developed with less than the full amount of housing claimed in the inventory, there is remaining capacity to ensure an ongoing supply of sites for the full allocation during the eight years of the Housing Element cycle. The State recommends a buffer of least 15% to 30%.

If the City does not designate adequate residential sites to meet the future requirements as part of this Draft General Plan 2045, the next Housing Element, which must be adopted in January 2031, and could begin preparation in 2028 or 2029, the City may need to revisit the General Plan land use map and include a process to identify and change the designations on additional sites to accommodate more future housing.

The Draft EIR provides an analysis of future housing and population growth that aligns with future state housing requirements and reflects the residential capacity that would be available from the land use designations on the Draft General Plan land use map. The City of Livermore is obligated to plan for sufficient housing sites and have policies in place to support housing production, but ultimately market conditions and the decisions of private landowners and project applicants will determine the amount of housing that is built over the next 20 years. The population assumptions used for the Draft EIR are not a target or a forecast and do not commit the City to approving or constructing any specific project.

FISCAL IMPACT ANALYSIS
Assuming that actual population growth would likely be lower than the maximum zoning capacity and determined by market conditions and developer/property owner decisions, staff prepared the Fiscal Impact Analysis based on a feasible development scenario. The purpose of the Fiscal Analysis is to confirm that future growth will be fiscally sustainable, public services can be maintained, and to evaluate the fiscal health of the City through the horizon year 2045. (Attachment 4).

The fiscal analysis uses the City’s budget documents and forecasting methods to assess how the General Plan 2045 may affect General Fund revenues and expenditures. It is based on a realistic 1240
development scenario informed by past growth trends, assuming less residential and non-residential development than the full theoretical buildout considered in the Draft EIR. The analysis estimates 7,500 net new housing units by 2045, consistent with trends under the current General Plan. During the 2003 General Plan cycle, the City planned for about 11,800 housing units but developed approximately 5,400, an overall buildout rate of about 46%. Rather than projecting actual revenues, the analysis evaluates the relative fiscal value of different land use types.

The fiscal analysis evaluates the value associated with different land use types; it does not forecast expected City revenues. Existing deficiencies in City services, depreciation of public facilities, and new infrastructure that may be required by new development are outside of the scope of the fiscal analysis.

Overall, the fiscal analysis found that the assumed buildout of the General Plan 2045 is projected to generate annual General Fund revenues that exceed the costs of providing public services under existing service standards.

NEXT STEPS
Following this Council meeting, staff will revise the Draft General Plan 2045 based on Council direction and prepare the following steps to finalize the Draft General Plan 2045:

July 2026: Planning Commission and City Council will hold public hearings to provide recommendations and consider adoption of the General Plan 2045 and conforming Livermore Development Code amendments and certification of the EIR.

August 2026: Finalize and publish the adopted General Plan 2045 per Council direction.

FISCAL AND ADMINISTRATIVE IMPACTS
The Draft General Plan envisions a 20-year buildout to the horizon year 2045. Based on the feasible development scenario analyzed, the General Plan 2045 is anticipated to provide sufficient resources to cover the cost of public services under existing service standards. A detailed Fiscal Impact Analysis is provided in Attachment 4.

COMMUNITY PILLAR:

4. Inclusive and Inviting Spaces and Places
GOAL:

4. Continue to complete the General Plan Update

ATTACHMENTS

1. Community Feedback on Draft General Plan 2045

2. Summary of GPAC Feedback on Draft General Plan

3. Recommended Revisions to Draft General Plan 2045

4. Livermore GPU 2045 Fiscal Impact Analysis
1241
Prepared by: Andy Ross
Principal Planner
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
1242
Community Feedback on Draft General Plan 2045 Summary
Introduction
This document provides a high-level summary of community input received on Draft General Plan 2045. Feedback was provided via these channels:
• Draft General Plan 2045 Online Commenting Tool. The online commenting tool is available at www.ImagineLivermore2045.org. The tool allows users to comment on background text, images, tables, maps, policies, or actions. Four participants added 14 comments.
• Draft General Plan 2045 Open House. The City of Livermore held an Open House at the Robert Livermore Community Center on Wednesday, March 18, 2026 from 5:30 to 7:30 pm.

Approximately 30 people attended the open house.
• Email comments. As of April 30, 2026, the City has received 14 written comments submitted via email.
• Verbal comments. The City received verbal comments from 14 speakers on Draft General Plan 2045 provided at the March 17, 2026 Public Hearing on the Draft General Plan 2045 Environmental Impact Report, at the April 1, 2026 General Plan Advisory Committee meeting, and at the April 21, 2026 Planning Commission meeting. • Bilingual Intercept Outreach by La Familia. La Familia, a local community based organization that provides health and other services in the Tri-Valley region, assisted the City of Livermore with collecting input from the Latinx community in Livermore. La Familia connected with the Livermore community at libraries, focusing on the Rincon Library and Springtown Library; at several Livermore sites of Community Association for Preschool Education (CAPE) Head Start program; and through La Familia programs. In total, La Familia collected 100 surveys that asked participants to identify their top policy issues in the General Plan. Written comments are summarized below.

The City will continue to collect feedback on Draft General Plan 2045 throughout the remainder of the public review period.

The emails, written comments from the Open House and online tool, and surveys are attached to this memo.

Summary of Feedback on Draft General Plan 2045
This section provides a summary of community input on Draft General Plan 2045.

General Comments/Questions
• General Plan is well organized and written, but there are a few opportunities to clarify word choice/meaning.
• This General Plan should not contribute to climate change.
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• The population projections included in the EIR plan for an unrealistic amount of growth.
• What are the most important things to pay attention to as someone who is not familiar with the content?
• Require the use of union labor in development agreements. • Enforce City codes (ex. cars on sidewalks, abandoned vehicles, etc.).

Land Use Element
• Comments:
o Plan for more housing, including affordable housing.
o Only plan for the amount of housing needed.
o Missing middle housing is vital to solving the housing crisis. o Balance the need for more affordable housing against overbuilding. o Continue to preserve the Urban Growth Boundary.
o Support for allowing limited residential in commercial districts. o Support for allowing retail in office areas to serve worker needs. o Support for transit-oriented development.
o Identifying East of Greenville as a future study area is inconsistent with the Urban Growth Boundary.
o Expanding into the East of Greenville area would open up important economic opportunities.
o Protect small businesses and light industrial uses.
• Questions:
o Are changes to the airport included in the Draft General Plan? o When will the commercial core arrive in Isabel Neighborhood Specific Plan area?
o What changes are proposed to industrially zoned land? o What is the timing of the specific/neighborhood plans that will follow from general plan adoption?
Draft General Plan Land Use Map
• Concern about including the commercial area west of Las Positas Road in the Midtown Specific Plan area as this is a viable shopping area. • Concern that a Midtown Specific Plan designation will make existing industrial uses incompatible with future uses.
• Do not plan for high density residential housing in the Laughlin Road focus area.

Community Identity Element
• Clarify Policy CI-12.1, Focused Commercial Development, to specify which freeway interchange areas should have focused commercial development.
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• Clarify what “out of scale” means in Policy CI-13.7, Single Family Housing Scale Consistency. Is this policy based on building mass or design? • Preserve Livermore’s agricultural and ranching heritage. • Protect scenic viewpoints.
• Hold more multicultural events.

Mobility Element
• Comments:
o Plan for a variety of transportation modes; make transportation as safe for cyclists as possible.
o Expand signal prioritization and consider bus lanes in high traffic corridors to reduce VMT.
o Support for future Valley Link service.
o Increase funding for transit. Prioritize funding for fixed-route transit and other multi-modal projects over autonomous technologies.
o Reduce off-street parking mandates.
o Plan for sufficient parking.
o Improve roadway safety (i.e. repair potholes).
o Use statistics to support safety improvement measures. o Residential speed limits are not the problem; managing speeding on residential streets is the issue (comment regarding Policy MO-5.11 Speed Management).
o Educate people about the safety risks of being on cell phones while driving or walking.
o Figure MO-6 Goods Movements appears to not accurately capture goods movement in the city.
o Requiring Level 3 chargers at gas stations seems too specific; this policy needs to be more flexible as there are other locations people would like to use chargers such as commercial areas and locations fronting the freeway (comment regarding Policy MO-11.4).
o Provide safe walking and biking connections across Interstate 580. • Questions:
o In Policy MO-1.1 Complete Streets Approach, is the term “underserved communities” the right word choice? Are there areas of the city that are currently underserved?
Infrastructure Element
• Comments:
o Request for clear direction about what can be recycled and where. In an ideal world, there would be one general location you could take recycled material
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(or that it would be picked up directly from your house). Make recycling as easy as possible.
o Request that all new development use recycled water for irrigation. o Add a policy to encourage collaboration with the state and service providers to come up with more effective and efficient recycling rules. o Lower electricity costs.
• Questions:
o Is there sufficient wastewater treatment plant capacity to serve future development?
o What is the current status of the South Livermore sewer extension project? o What is the status of Zone 7 purchasing attentional water ponds? Community Services Element
• City should support/fund childcare services.
• Make healthcare more accessible.
• Provide access to mental health.
• Offer classes for older adults.
• Offer parenting classes for fathers.

Open Space and Conservation Element
• Comments:
o Have a plan in place to make connections to the Iron Horse Trail. o Plan for energy production through agrivoltaics/solar farms. o Do not impact agricultural land.
o Encourage the incorporation of regenerative farming techniques such as biochar and other nutrient-recycling methods.
o Continue to preserve and enhance existing open space. o Explore the possibility of expanding public access to open space properties. o Coordinate with neighboring property owners to connect and expand the public trail system.
o Lower the cost of recreational services for all ages. o Increase dog parks.
o Add more tennis courts in Springtown and citywide.
• Question:
o What are the South Livermore Valley requirements for replanting vineyards? o How does the City support agrotourism?
o How do you report trail safety or maintenance needs?
o Is the City planning trail connections from north of I-580 to south of I-580?
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Noise Element
• Figures N-2 and N-3 do not appear to accurately capture railroad noise. • Protect open space from noise impacts.

Safety Element
• Request for more firefighters and fewer police officers. • Police should provide emergency response but should do so in a different uniform. • Fire emergency medical response should use smaller vehicles, not large fire trucks. • City does a good job of infrastructure planning.
• Concern about gang activity and request for policies that support crime prevention.

Economic Development Element
• Clarify what activities are covered under commercial and industrial uses as it includes a range of building types and sizes.
• Concern that Figure ED-3 does not capture the industrial land south of the airport and West Jack London Road.

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From: David Furst
Sent: Tuesday, April 21, 2026 11 :59 AM
To: Planning Web Email <[email protected]>; David Furst Subject: Comment on the City's Master Plan
I You don't often get email from Lea co why this is important Exercise Caution: This message is from outside the City email system. Do not open links or attachments from untrusted sources.

Planning Commission:

I hope to attend tonight's Planning Commission meeting to speak with you directly, but in case I cannot: Here are my comments.

I previously wrote to Andy Ross re several errors in the Master Plan, specially the City's use of old outdated maps. City staff was quick to make the changes I requested.

What has not been changed is the inconsistency of the City's statement that "the urban growth boundary will be kept", but then the Master Plan goes on to mention a future study area - that is, the east of Greenville study area. This is inconsistent and worrisome. The City needs to be transparent: will the urban growth boundary be maintained and protected OR is the City planning to break the urban growth boundary by expanding development east of Greenville?
If the City plans to keep the urban growth boundary- then please delete mention of any future study aiming to break the eastern boundary. If the City wants to break the boundary, to accommodate industrial or any commercial nuclear energy industry - then be upfront, say so, and do not discuss keeping the eastern urban growth boundary.

Thank you, David Furst, Livermore residence

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From: Jean King
Sent: Tuesday, April 21, 2026 10:41 AM
To: Planning Web Email <[email protected]>
Subject: Email Comments Planning Commission Meeting April 21, 2026 I
You don't often get email from Learn why this is i m poctanl Exercise Caution: This message is from outside the City email system. Do not open links or attachments from untrusted sources.

Livermore Planning Commission Meeting April 21, 2026
Item 6.1 General Plan 2045
Livermore's total population decreased in the last 5 years. The population didn't decline because there were fewer housing units, since the number of housing units of all kinds increased annually. Instead, the average number of persons per household has declined every year for the last 5 years
Yet, the General Plan 2045 DEIR projects an increase of more than 43,000 new residents in the next 20 years. That is a 50% increase in population - half again as many new residents as live here now.

Alameda County's population is projected to increase by more than 157,000 in the next 20 years. If Livermore's population were to grow by the Plan's estimate, that would represent 28% of the entire county's projected growth.

Livermore with presently 5 % of Alameda County's population should not provide 28% of the County's growth in the next 20 years. Livermore does not want that.

Do not be in a hurry to rezone industrial to residential. Keep balance between workers and jobs.

At one of the General Plan's meeting, one of the members made a comment something like - 'It would be good if we could get some of the empty nesters to move out of their houses.' Being an empty nester, I wasn't sure what she had in mind for me. But, she had a point.

When I moved into the Jackson School area in the 1960's, Livermore was going through a fast population growth with many new houses and double sessions in the schools. The houses in the neighborhood were newly built and almost every house had a young family with school age children, usually 2 but sometimes, 1 or 3, and some with between 4 and 12. The average number of residents per household was certainly more than 4, much higher than the present 2.63.

Now there are only 2 homes on my adjoining street with young children. Most houses have 2 adult residents and some with 1 and some with 3, Those residents who have lived here since the 60's are very unlikely to be here until 2024. I think these empty nesters will give way to younger residents.and will raise the average number of residents per household from the present 2.63. The housing built during Livermore's rapid growth in the 60's and 70's can absorb more population.
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Livermore’s housing, population and residents per household need to be evaluated periodically along with the workers/job ratio.

We need more affordable housing but it needs public financing, not just through nonprofits.

Jean King
Livermore

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From: vie avila
Sent: Tuesday, April 21, 2026 10:48 AM
To: Planning Web Email <[email protected]>
Subject: Planning Commission Citizen response
I You don't often get email from Learn why this is important Exercise Caution: This message is from outside the City email system. Do not open links or attachments from untrusted sources.

What is Livermore's charm? What makes Livermore a great, appealing place to live? Livermore is spacious--it feels distinctly different from Dublin, Pleasanton, San Leandro, and dozens of other suburban cities. Livermore's spaciousness is due to the fact that Livermore is a donut hole, surrounded by the donut. The DONUT is the open space around the city that creates that spaciousness. This is unique in the Bay Area. Almost all cities had it at one time, but they developed all the land. The ranchers, farmers, vine growers started this spaciousness centuries ago. This is a prized possession this spaciousness! It is the planning commission's responsibility to guard this spaciousness. Your decisions affect 86,000 residents. Does Livermore's population need to grow by 50% in the future? The answer is no. Represent the people that live here and PROTECT THE URBAN GROWTH BOUNDARY. If you don't you will look back at your actions in a few years and say: "I could have helped prevent the urban sprawl I now see." I wouldn't want that reality staring at me.

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BOARD OF DIRECTORS
Chair Robert Rickman
County of San Joaquin
Vice Chair John Marchand
City of Livermore
Board Member Paul Akinjo
City of Lathrop
Board Member Mark Armstong
City of San Ramon
Board Member Christina Fugazi
City of Stockton
Board Member David Haubert
County of Alameda
Board Member Melissa Hernandez
Bay Area Rapid Transit
Board Member Bernice Tingle
City of Mountain House
Board Member Regina Lackey
City of Manteca
Board Member Michael McCorriston
City of Dublin
Board Member Jeff Nibert
City of Pleasanton
Board Member Dotty Nygard
City of Tracy
Board Member Karen Stepper
Town of Danville
Board Member Julie Testa
LAVTA
Board Member Leo Zuber
Altamont Corridor Express
Kevin Sheridan
Executive Director/CEO
2600 Kitty Hawk Rd., Ste. 101 | Livermore, CA 94551 | (925) 667-4013 | valleylinkrail.com April 30, 2026
To Mr. Brent Smith, Director
Community Development Department City of Livermore
1052 South Livermore Avenue
Livermore, CA 94550
COMMENTS ON DRAFT LIVERMORE GENERAL PLAN 2045
Dear Mr. Smith,
Thank you for the opportunity to review the Livermore Draft General Plan 2045. The Tri-Valley San Joaquin Valley Regional Rail Authority (Authority) appreciates that the Plan includes the Phase 1 Valley Link Rail Project and the identification of the initial Phase 1A project that is targeted for near-term construction. The City of Livermore is recognized as a region-wide model for establishing transit-supportive land use with the completion of the Isabel Neighborhood Plan and establishment of Priority Development Areas. We commend the city for further advancing these efforts in the General Plan with identification of the Midtown Planning Area and potential expansion of the Brisa Neighborhood Plan. These critical land use elements combined with transit supportive goals and actions identified in the plan support funding eligibility for Valley Link on the regional, state and federal level and demonstrate Livermore’s commitment to achieving a long-awaited passenger rail service for its residents.

The Authority is in full support of the following land use policy in the plan:
· Policy LU-1.7: Transit-Supportive Development. Facilitate new development in major commercial and transit-supportive development areas, including the Downtown, Isabel Neighborhood, Brisa Neighborhood, Midtown area, and appropriate areas around Livermore Municipal Airport, to maximize the density and intensity specified in the Land Use Plan and to efficiently use land and infrastructure resources.

The Phase 1A Valley Link Project will connect the Bay Area Rapid Transit District (BART) and Altamont Commuter Express (ACE) systems with a cross-platform transfer at the Vasco Road Station. To leverage the benefits of this vital connection, the Authority, San Joaquin Regional Rail Commission (Commission) and the
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2600 Kitty Hawk Road, Suite 103 | Livermore, CA 94551 | (925) 667-4013 | valleylinkrail.com April 30, 2026

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Livermore City CouncilMay 11, 2026

Livermore City Council
May 11, 2026