Concord City Council
August 26, 2025

1 COUNCILMEMBERS
Carlyn S. Obringer, Mayor
Laura M. Nakamura, Vice Mayor
Dominic D. Aliano
Pablo Benavente
Laura M. Hoffmeister
Civic Center
1950 Parkside Drive
Concord, CA 94519
www.cityofconcord.org
Regular Meeting of the
Concord City Council
Tuesday
August 26, 2025
6:30 p.m. - Open Session Council Chamber
1950 Parkside Drive
and/or various
telephonic/electronic
locations
*IMPORTANT NOTICE ABOUT PUBLIC COMMENTS AND MEETING PARTICIPATION* Members of the public are invited to attend and participate at: Council Chamber, 1950 Parkside Drive, Concord, CA.

Unless a Councilmember is participating in the meeting remotely pursuant to AB 2449, remote public comment will not be accepted. Public comment may be provided in- person or via email, as set forth below. Members of the public desiring to provide comments as a part of the meeting are encouraged to either submit written comments by 3:00 p.m. prior to the meeting or to attend the meeting in person.

HOW TO PARTICIPATE
The public is invited to participate in the City Council meeting using any of the following methods:

1. IN PERSON:
a.Members of the public can provide in-person comments in the Council Chamber.

Members of the public are encouraged, but not required, to fill out a speaker card. The Council Chamber will have seating available for members of the public to attend in person up to full seating capacity.

2 2. REMOTE: Remote public comment will not be accepted, except when a Councilmember participates remotely pursuant to AB 2449. At the time of the posting of this agenda, none of the Councilmembers have notified the City Clerk’s Office that they intend to participate remotely pursuant to AB 2449, and therefore no remote public comment will be accepted at the meeting. If, after publication of this agenda and before the meeting begins, any councilmember determines that they will need to participate remotely due to just cause or emergency circumstances under AB 2449, their remote participation will be announced at the outset of the meeting in connection with the Roll Call item. If a Councilmember participates in the meeting remotely pursuant to AB 2449, the public may participate and provide public comment remotely, as follows:
a. Zoom:
https://cityofconcord.zoom.us/j/83128827578?pwd=VNXKGeZWx_ON_fdmePlm8AsFS_ a55Q.faANrBhAhhPK5eLq or Zoom Webinar ID: 831 2882 7578 and Passcode:
200478
b.Zoom Phone Numbers. Dial Toll Free: (669) 900-6833 or (346) 348-7799 or (253) 215- 8782.
c.If a Councilmember is participating remotely during the meeting, each period for public comment will be announced, and participants may use the “Raise Hand” feature on Zoom to request to speak. If calling in via Zoom use *9 to raise and lower your hand.

The meeting host will call on you, by name, and promote you to panelist in the webinar so you can be seen via your camera. Please enable your microphone when it is your turn to speak. In order to ensure the orderly administration of the meeting using this method, providing your name is encouraged, but is not required. (If you need instructions on how to use this feature, please contact the City Clerk by 3:00 p.m. of the meeting date at [email protected]).

3. EMAIL:
a.Public comments can also be submitted via email to [email protected]. Please note that emailed comments will not be read aloud by staff. Any public comments received up until 3:00 p.m. of the meeting date will be:

1. distributed to the Council before the meeting,

2. posted online for public inspection at
https://stream.ci.concord.ca.us/OnBaseAgendaOnline/Meetings/Search, and

3. inserted into the meeting record.
b.As emails containing public meeting comments are part of the official record, note that personal contact information may be published if it is included with your email.

4. TO WATCH OR LISTEN ONLY:
a.Watch on TV on Comcast Channel 28, Astound/Wave Channels 29 and 1026, and AT&T U-verse Channel 99
b.Watch the TV broadcast through the City’s website by following THIS LINK c.Watch Live Streaming of the meeting by following THIS LINK d.Join the Zoom webinar by following THIS LINK
3 5. INTERPRETATION OR WRITTEN TRANSLATION:

OPEN SESSION

1. OPENING
Roll Call – Announcements/Consideration and Approval of Requests by Councilmembers to Participate Remote Pursuant to AB 2449.

Pledge of Allegiance – Councilmember Hoffmeister

2. PUBLIC COMMENT PERIOD
This is a 15-minute Public Comment Period for items within the City Council’s subject matter jurisdiction that are not on this agenda. Each speaker will be limited to approximately three minutes.

State law prohibits the City Council from acting at this meeting on any matter raised during the Public Comment Period. Please see “How to Submit Public Comments” above

3. PRESENTATIONS
a. Presentation – to Sawara Liaqat, Monument Youth Drug & Alcohol Coalition, proclaiming August 31, 2025, as “International Overdose Awareness Day” in the City of Concord. Presentation by Mayor Obringer
b. Presentation – of the proceeds from the 40th Mayor's Cup Golf Tournament held May 9, 2025, to Ana Villalobos from the Concord Junior Giants, Brandon Garcelon from the First Tee Contra Costa Youth Golf Program, and Gail VanTassell from the Concord Historical Society (Concord Historical Society proceeds will go toward rehabilitation of the Don Fernando Pacheco Adobe).

Presentation by Mayor Obringer.

1. To access interpretation or written translation during the meeting, please scan the QR Code or click this link:

Para accesar a la traducción durante la reunion, por favor escanee el Código QR o haga clic en el enlace:
https://attend.wordly.ai/join/SYMQ-8840

2. Choose Language and Click Attend
Seleccione su lenguaje y haga clic en asistir

3. Use a headset on your phone for audio or read the transcript on your device.

Use sus auriculares para escuchar el audio o leer la transcipción en el dispositivo.
4 4. CITY COUNCIL CONSENT CALENDAR
The public is entitled to address the City Council on items appearing on the Consent Calendar before or during the City Council’s consideration of the Consent Calendar. Adoption of the Consent Calendar may be made by one motion of the City Council, provided that any Councilmember, individual or organization may request removal of an item from the Consent Calendar for separate consideration.

If a request for removal of an item from the Consent Calendar has been received, the Mayor may defer action on the particular item and place the same on the regular agenda for consideration in any order s/he deems appropriate. Please see “How to Submit Public Comments” above. a. Considering – approval of minutes from the August 12, 2025, Regular meeting. Recommended by the City Clerk.
b. Considering – adoption of a Resolution appropriating grant funding from the Metropolitan Transportation Commission in the amount of $145,000 for Housing Element implementation and approval for use on the Monument Blvd. Bay Area Rapid Transit Site Due Diligence Project (Project No. 2804).

Recommended by the Director of Community Development.

CEQA: Exempt/not a project pursuant to Public Resources Code Section 21065, CEQA Guidelines Section 15060(c)(2), 15061(b)(3), 15273, and/or 15378 including subsection (b)(4).
c. Considering – designation of Vice Mayor Nakamura as the Voting Delegate and Councilmember Aliano as the Voting Delegate Alternate at the League of California Cities Annual Conference and Expo on October 8-10, 2025.

Recommended by the City Clerk.
d. Considering – a recommendation from the Council Committee on Housing and Economic Development to authorize Concord Plaza Tower, Inc. to convert the existing fountain at 2020 Grant Street into a landscaped feature; and authorizing the City Manager to execute a Memorandum of Understanding in a form acceptable to the City Attorney. Recommended by the Assistant City Manager.

CEQA: Not a project/exempt pursuant to CEQA Guidelines Sections 15060(c), 15061(b), 15378, and/or Public Resources Code Section 21065. e. Considering – approval of an Agreement with Contra Costa County for the City to accept a not-to-exceed amount of $160,000 to construct a portion of the City’s Residential Pavement Maintenance – Phase C – Concord Blvd./Myrtle Dr (Project Nos. 2606 & 2618) that occurs on Concord Boulevard within the limits of the unincorporated County; and authorizing the City Manager to execute the Agreement for Roadway Surface Treatment of Concord Boulevard in a form acceptable to the City Attorney. Recommended by the Director of Community Development.
5 CEQA: Previously determined not to be a project/exempt pursuant to Public Resources Code 21065; CEQA Guidelines Sections 15060(c), 15061(b)(3), 15273, 15301, 15302, 15303, 15304, and/or 15378.
f. Considering – approval of a Professional Services Agreement with BKF Engineers in a not-to-exceed amount of $822,010 ($747,282 plus a 10% contingency of $74,728) for project design and related services for the Willow Pass Road Bike Lane Connection (Project No. 2572, Federal Project No.

STPL-5135 (067)); and authorizing the City Manager to execute the agreement in a form acceptable to the City Attorney. (Measure V (Fund 407), OBAG 3 (Fund 402), and ATP (Fund 402)) Recommended by the Director of Community Development.

CEQA: Not a project/exempt per CEQA Guidelines Sections 15060(c), 15061(b)(3), 15273, 15378, and/or Public Resources Code Section 21065.

5. CITY COUNCIL PUBLIC HEARING
Persons who wish to speak on Public Hearings listed on the agenda will be heard when the public hearing is opened, except on public hearing items previously heard and closed to public comment.

After the public has commented, the item is closed to further public comment and brought to the Council level for discussion and action. Further comment from the audience will not be received unless requested by the Council. No public hearing shall commence after 10 p.m. unless approved by majority vote of the City Council. Please see “How to Submit Public Comments” above. a. Introduction – of an Ordinance amending Concord Municipal Code, Title 10 (Traffic and Vehicles), Chapter 10.20 (Operation of Vehicles), Article IV (Special Speed Zones), Section 10.20.080 (Speed limits established) approving speed limit changes in accordance with the findings of engineering and traffic surveys on various streets throughout the City of Concord by reading of the title only and waving further reading. Report by Aaron Elias, Transportation Program Manger II.

CEQA: Not a project/exempt pursuant to Public Resources Code 21065, CEQA Guidelines Sections 15060(c)(2), 15060(c)(3), 15061(b)(3), and/or 15378

6. CORRESPONDENCE
Correspondence received at the City Council meeting will be listed here on the Annotated Agenda. a. Correspondence received at meeting from Justin and Gena Plummer.

7. REPORTS AND ANNOUNCEMENTS
Closed Session Announcements
City Manager or Staff Reports
Council Reports
6 8. ADJOURNMENT
Next Meeting: Regular Meeting
Date: 9/2/2025 6:30 PM

NOTICE TO THE PUBLIC
There is a 90-day limit for the filing of a challenge in the Superior Court to certain City administrative decisions and orders which require a hearing by law, the receipt of evidence, and the exercise of discretion. The 90-day limit begins on the date the decision is final (Code of Civil Procedure §1094.6). Further, if you challenge an action taken by the City Council in court, you may be limited by California law to raising only those issues you or someone else raised in the hearing or in a written correspondence delivered to the City Council prior to or at the hearing.

In accordance with the Americans with Disabilities Act and California Law, it is the policy of the City of Concord to offer its public programs, services and meetings in a manner that is readily accessible to everyone, including those with disabilities. If you are disabled and require a copy of a public hearing notice, or an agenda and/or agenda packet in an appropriate alternative format; or if you require other accommodation, please contact the ADA Coordinator Tianjun Cao at (925) 671-3243 or [email protected], at least 24 hours in advance of the meeting. Advance notification within this guideline will enable the City to make reasonable arrangements to ensure accessibility.

REGULAR MEETING OF THE

CONCORD CITY COUNCIL

CITY COUNCIL CHAMBER
1950 PARKSIDE DRIVE

CONCORD, CALIFORNIA AND VARIOUS

TELEPHONIC/ELECTRONIC LOCATIONS
TUESDAY, AUGUST 12, 2025
The Concord City Council met in a regular meeting in the Council Chamber, located at 1950 Parkside Drive and via various telephonic/electronic locations at 6:30 p.m. on Tuesday, August 12, 2025, with Mayor Obringer presiding. The pledge of allegiance was led by Councilmember Benavente. Minutes follow in abbreviated form per Resolution 3361 and Council Minutes of September 26, 1966.

ROLL CALL
COUNCILMEMBERS PRESENT: Dominic Aliano, Pablo Benavente, Laura Hoffmeister, Laura Nakamura, Carlyn Obringer
CITY TREASURER PRESENT: Patti Barsotti
STAFF PRESENT: Valerie Barone, City Manager; Thomas Capriola, Senior Assistant City Attorney; Justin Ezell, Assistant City Manager; Joelle Fockler, City Clerk; Monique Robinson, Deputy City Clerk; Greg Taylor, Director of Information Technology; Steve Voorhies, Director of Recreation Services; Margaret O’Brien, Director of Finance; Mark Bustillos, Chief of Police; James Nakayama, Police Captain; Carlton Thompson, City Engineer; Bruce Davis, Senior Civil Engineer; Colleen Awad, Community Relations Manager; Kevin Wheat, Associate Civil Engineer; Tianjun Cao, Associate Civil Engineer; Aldrich Bautista, Associate Civil Engineer; Melissa Rea, Economic Development Specialist; Himmat Bains, Senior Financial Analyst; Kylie Hicks-Carrera, Budget Analyst

MEMBERS OF THE PUBLIC
WHO ADDRESSED THE COUNCIL: Bonnie Rea, Concord; Bashir Rahimi, Concord; Micah Pearce, Concord; Pello Walker

PUBLIC COMMENT PERIOD
Bonnie Rea, Concord, spoke about maintenance on San Vincente Drive and Natoma Drive, and expressed her dissatisfaction with communication from the City.

Bashir Rahimi, Concord, spoke about code violations with his business.

Micah Pearce, Concord, spoke on the City’s Investment Policy.

Pello Walker spoke on agenda items from the Board of Supervisors meeting held earlier in the day.

PRESENTATIONS
PROCLAMATION – We Care Day

No public comment was received.

4.a

City Council Minutes August 12, 2025
2 BUSINESS RECOGNITION AWARDS – Hooy & Hooy PLC, Scandinavian Designs, TWRAPS, and Autopia (Building Design Award)
No public comment was received.

CELEBRATING 50th ANNIVERSARY OF TOYOTA PAVILION AT CONCORD No public comment was received.

CITY COUNCIL CONSENT CALENDAR
No public comment was received.

APPROVE MINUTES – May 6, 13, 27, June 3, 10, and 24, 2025, Regular Meetings and June 10 and 24, 2025, Special Meetings
A motion was made by Hoffmeister and seconded by Aliano to approve the minutes from the May 6, 13, 27, June 3, 10, and 24, 2025, Regular meetings and June 10 and 24, 2025, Special meetings The motion passed by unanimous vote of the Council.

RECEIVE TREASURER’S REPORT – April 1 – June 30, 2025
A motion was made by Hoffmeister and seconded by Aliano to receive the Treasurer’s Report for the period April 1 – June 30, 2025. The motion passed by unanimous vote of the Council.

ADOPT RESOLUTION NO. 25-38 – Accepting and Appropriating Grant funding from the California Office of Traffic Safety (OTS) – Project No. 2711
A motion was made by Hoffmeister and seconded by Aliano to adopt Resolution No. 25-38 entitled, “A Resolution Accepting and Appropriating Grant Funding from the California Office of Traffic Safety (OTS) in the amount of $270,000 for Select Traffic Enforcements and Appropriation of Funds and Approval for use for the City’s Selective Traffic Enforcement Program (Project No. 2711).” The motion passed by unanimous vote of the Council.

APPOINT APPLICANTS - Commission on Aging, Community Service Commission, and Concord- Pleasant Hill Health Care District Grant Committee
A motion was made by Hoffmeister and seconded by Aliano to appoint applicants Richard Fleming, Tjiuk Kurniadi, Amber Hom, Melvin Lee, and Marilyn Fowler to the Commission on Aging for four-year terms ending June 30, 2029; Stephen Sticka, Isabel Lara, and Maria Bagley to the Concord Community Services Commission for four-year terms ending June 30, 2029; Michael Handlin and Evangeline Ward to the Concord-Pleasant Hill Health Care District Grant Committee for four-year terms ending June 30, 2029, and Jayne Lecky to the Concord Pavilion Community Outreach Committee for the remainder of a four-year term ending February 28, 2027, as recommended by the Council Committee on Recreation, Cultural Affairs, and Community Services (Nakamura/Benavente). The motion passed by unanimous vote of the Council.

APPOINTMENTS TO THE PARKS, RECREATION, AND OPEN SPACE COMMISSION – Michael Miller, John Pamer, and Thomas Premo
A motion was made by Hoffmeister and seconded by Aliano to appoint applicants Michael Miller, John Pamer, and Thomas Premo to the Concord Parks, Recreation, and Open Space Commission for four-year terms ending June 30, 2029, as recommended by the Council Committee on Youth and Education (Benavente/Aliano). The motion passed by unanimous vote of the Council.

City Council Minutes August 12, 2025
3 APPROVE AGREEMENT BETWEEN THE CITY OF CONCORD AND CONTRA COSTA COUNTY SHERIFF’S OFFICE – Forensic Services
A motion was made by Hoffmeister and seconded by Aliano to approve an agreement with the Contra Costa County Sheriff’s Office, Forensic Services Division, for the County to provide forensic services from July 1, 2025, to June 30, 2027, estimated cost is $475,000 each fiscal year; and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney. The motion passed by unanimous vote of the Council.

AWARD CONSTRUCTION CONTRACT, APPROVE AGREEMENT, AND ACCEPT IMPROVEMENTS – (Project No. 2736) Bailey Road, Willow Way, Burnett Avenue, Laura Alice Way, and Nelson Avenue This item was pulled from the Consent Calendar by Councilmember Hoffmeister.

A motion was made by Hoffmeister and seconded by Nakamura to;

1. Award construction contract in the amount of $1,372,530 to Goodfellow Bros. California LLC, and authorize staff to utilize the available project contingency for contract change orders up to 30% of the contract amount; authorize the Mayor to execute the contract in a form acceptable to the City Attorney; and make the CEQA determination as provided in the staff report;

2. Approve agreement with the City of Pittsburg to construct pavement repairs on Bailey Road in a not-to-exceed amount of $135,000; and authorize the City Manager to execute the agreement in a form acceptable to the City Attorney; and

3. Authorize the City Engineer to accept the improvements upon completion of Project No. 2736 and direct the City Clerk to file a Notice of Completion.

The motion passed by unanimous vote of the Council.

ADOPT RESOLUTION NO. 25-39 – Authorize Transfer and Appropriation of $100,000 from La Clinica Grant to Implement the Mobile Resource Strategy within the City’s Homeless Strategic Plan (Project No. 2594)
A motion was made by Hoffmeister and seconded by Aliano to adopt Resolution No. 25-39 entitled, “A Resolution Authorizing the Transfer and Appropriation of $100,000 from the La Clinica Grant (Project No. 2672) to Implement the Mobile Resource Strategy within the City’s Homeless Strategic Plan (Project No. 2594).” The motion passed by unanimous vote of the Council.

APPROVE TASK ORDER NO. 4 – FARM BUREAU ROAD PAVEMENT REHABILITATION PROJECT – PHASE 3 (Project No. 2726) - Diablo Engineering
This item was pulled from the Consent Calendar by Mayor Obringer.

A motion was made by Benavente and seconded by Nakamura to approve Task Order No. 4 with Diablo Engineering in the not-to-exceed amount of $499,802.00 to provide design services and construction support for the Farm Bureau Road Pavement Rehabilitation Project - Phase 3 (Project No. 2726); and authorize the City Manager to execute the Task order in a form acceptable to the City Attorney. The motion passed by unanimous vote of the Council.

City Council Minutes August 12, 2025
4 APPROVE INCREASE TO COOPERATIVE AGREEMENT AND APPROVE BUDGET TRANSFER – Contra Costa Improvement Project (Project No. 2637) – City of Pleasant Hill A motion was made by Hoffmeister and seconded by Aliano to;

1. Approve an increase of 140,000 to the Cooperative Agreement Amendment between the City of Concord and the City of Pleasant Hill to pave Sunvalley Boulevard (new not-to-exceed amount of $580,000); and authorize the City Manager to execute the Cooperative Agreement Amendment in a form acceptable to the City Attorney; and

2. Approve budget transfer from the Monument Boulevard Pavement Rehabilitation Project (Project No. 2581) in the amount of $530,000 from Measure V (Fund 407) to the project, replacing Measure J funding which will be reallocated by Council at a later date, fully funding Concord’s share of this project.

The motion passed by unanimous vote of the Council.

APPROVE TASK ORDER NO. 4 – CIVIC CENTER GREENING PROJECT, Project No. 2518– Nichols Consulting Engineers (NCE)
A motion was made by Hoffmeister and seconded by Aliano to approve Task Order No. 4 with Nichols Consulting Engineers (NCE) in the amount of $231,747 for a new total not-to-exceed amount of $448,247 to provide design engineering and related services for the Civic Center Greening Project (Project No. 2518), and authorize the City Manager to execute the Task Order in a form acceptable to the City Attorney. The motion passed by unanimous vote of the Council.

CORRESPONDENCE
a. Letter to Chase re: Sponsorship for TSBA Welcome and Cleanliness Program, dated June 10, 2025
b. Letter to Starbucks re: Sponsorship for TSBA Welcome and Cleanliness Program, dated June 10, 2025
c. Letter to Wells Fargo re: Sponsorship for TSBA Welcome and Cleanliness Program, dated June 10, 2025
d. Letter to Mt. Diablo Unified School District re: Support for Energize Charging Infrastructure Grant, dated June 10, 2025
e. Letter to Senator Limon and Assembly member Irwin re: Support Cap & Trade Reauthorization by Prioritizing Investments in Climate Safe Infrastructure, dated July 14, 2025 f. Letter to Hon. Maria Elena Durazo, California State Senate re: Senate Bill 707 – Open meetings; meeting and teleconference requirements – Notice of Opposition (as Amended July 17, 2025), dated August 1, 2025
g. Letter to Igbo Union of Northern California welcoming the Second Annual Igbo Cultural Heritage Festival to Todos Santos Plaza, dated August 5, 2025
h. Correspondence received at the meeting from Bashir Rahimi

COUNCIL REPORTS
Councilmembers shared information on events and activities in which they had participated since the last meeting and commented on items of interest.

City Council Minutes August 12, 2025
5 ADJOURNMENT
By order of the Vice Mayor, the meeting was adjourned on August 12, 2025, at 7:53 p.m. in memory of Linda Jacob.

CARLYN S. OBRINGER
MAYOR

JOELLE FOCKLER, MMC

CITY CLERK

Staff Report
Date: August 26, 2025
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Mindy Gentry, Director of Community Development Aaron Sage, Planning Manager
Prepared by: Meredith Rupp, Principal Planner
[email protected]
(925) 603-5890
Subject: Considering adoption of a Resolution appropriating grant funding from the Metropolitan Transportation Commission in the amount of $145,000 for Housing Element implementation and approval for use on the Monument Blvd. Bay Area Rapid Transit Site Due Diligence Project (Project No. 2804).

CEQA: Exempt/not a project pursuant to Public Resources Code Section 21065, CEQA Guidelines Section 15060(c)(2), 15061(b)(3), 15273, and/or 15378 including subsection (b)(4).

Report in Brief
On September 20, 2024, the Metropolitan Transportation Commission (“MTC”) awarded the City of Concord $145,000 through MTC’s Priority Sites Technical Assistance Program to fund due diligence activities on a primarily-vacant Housing Element site on Monument Boulevard owned by the San Francisco Bay Area Rapid Transit District (“BART”). These activities, which include a title report, earthquake fault study, and other environmental and engineering studies, are intended to facilitate housing development on this site pursuant to Housing Element Objective 4.6. The grant funding was accepted by the City Manager and added to the City’s Master Funding Agreement with MTC but was not appropriated to a project. The City Council is requested to appropriate the funds to the Monument Blvd. BART Site Due Diligence Project (Project No. 2804).

4.b4.b4.b

City Council Agenda Report
Agenda Item No. 4.b
August 26, 2025
Recommended Action
Adopt a Resolution appropriating grant funding from the Metropolitan Transportation Commission in the amount of $145,000 for Housing Element implementation and approval for use on Monument Blvd. Bay Area Rapid Transit Site Due Diligence Project (Project No. 2804).

Background
The 2023-2031 Concord Housing Element (“Housing Element”) identifies the BART- owned parcel on Monument Boulevard between Cowell Road and Systron Drive (“Monument BART Site”) as a site that is available to accommodate a portion of the City’s Regional Housing Needs Allocation (“RHNA”).1 Staff calculated that the site could realistically accommodate a total of 782 mixed-income units. All conceptual plans assume retention of the skate park on the X corner of the parcel, even with future housing development.

Housing Element Objective 4.6 commits the City to continued coordination with BART to support future housing development on the site as follows. (Note: BART’s adopted development timeline for this site makes the deadlines below moot; this is discussed in the paragraph that follows):

The City will take the following actions to facilitate housing development at the [Monument BART Site] within the [Housing Element] cycle (by 2031):
• No later than December 2024, co-host with BART community engagement that may include an onsite open house and an online survey to gather input on development objectives for the site such affordability, access improvements, on-site services and amenities, and other relevant information. • Coordinate with BART and community-based organizations focused on affordable housing in the Monument Corridor to help create and boost participation in community meetings and survey responses. • No later than December 2025, enter into a Memorandum of Understanding with BART outlining the project objectives, parameters, and timeline, City and BART roles and responsibilities, and a commitment to preserve the existing skate park.
• No later than June 2026, coordinate with BART to ensure that BART’s developer solicitation for the site accurately reflects the site’s allowable density, other development and design standards, community objectives, and known constraints.
• Notify affordable housing developers when BART conducts developer solicitation for the site.
1 (Assessor Parcel Number 126-191-016)

City Council Agenda Report
Agenda Item No. 4.b
August 26, 2025
• Prioritize the site for funding applications and support BART and the selected developer in submitting funding applications to facilitate predevelopment and delivery of the project, as well as access improvements to provide safe connections for the project and within the surrounding area. • Coordinate with BART, potential developers and/or the selected developer, utility providers, and other responsible agencies to share information and facilitate project design and application submittal.
• Provide streamlined, by-right, staff-level review of development application, utilizing only objective design standards, pursuant to Programs 6 and 15.

Since adopting Objective 4.6, the City has learned that developing the Monument BART Site is a “mid-term” project for BART, which means that BART will begin searching for a developer partner until the 2029-2033 timeframe. This timeframe, which extends beyond the current Housing Element cycle, makes many of the actions under Objective

4.6 premature. However, the City is taking action to support future housing development on the site. Most importantly, the City nominated the Monument BART Site for the Bay Area Housing Finance Authority’s Priority Sites Program. Priority Sites are regionally significant areas identified by local governments to support affordable housing development across the Bay Area. To be identified as a Priority Site, sites must be strategically located near transit, jobs, and essential services. The Monument BART Site’s acceptance as a Priority Site led to MTC’s authorization of $145,000 in technical assistance funding on May 10, 2024. In September 2024, MTC amended its Master Funding Agreement with the City to include this funding (Attachment 2). The funds were accepted under the City Manager’s authority but their appropriation requires Council action.

Analysis
The Priority Sites Grant would fund the following activities:
• Preliminary geological assessment to confirm the location of earthquake fault traces on the site
• Title report to identify any easements on the parcel
• Preliminary environmental studies to assess noise conditions and identify potential cultural or biological resources
• Phase 1 report to determine the likelihood of onsite containments or other environmental constraints
• Preliminary cost estimates for the undergrounding of overhead power lines based on coordination with Pacific Gas & Electric
• Identifying conceptual design parameters (e.g., minimum setbacks) for developing housing in proximity to the existing stormwater drainage canal on the site, based on coordination with the Contra Costa County Flood Control District\

City Council Agenda Report
Agenda Item No. 4.b
August 26, 2025
These activities will help BART understand the development potential of the site and identify any design constraints before seeking a qualified developer. In addition, City activities under the grant will support compliance with MTC’s Transit-Oriented Communities Policy related to supporting affordable housing production on publicly owned land and implementation of the Housing Element.

The City is working with consultants that have entered into a Master Services Agreements with the City to provide the due diligence services with an estimated completion date of early 2026. All work must be completed by June 2026.

Financial Impact
No matching funds are required to appropriate the grant funds. The grant would reimburse the City for consultant services and City staff time, and therefore Project No. 2804 would be established to collect reimbursable funds and there is no fiscal impact.

Environmental Determination
Pursuant to the California Environmental Quality Act (CEQA) of 1970, Public Resources Code Section 21000, et. seq., as amended and implementing State CEQA Guidelines, Title 14, Chapter 3 of the California Code of Regulations (collectively “CEQA”), the appropriate of funds does not constitute a "project" within the meaning of Public Resources Code Section 21065, 14 Cal Coe Regs. Sections 15060(c)(2), 15273, and/or 15378 including subsection (b)(4) as it has no potential for resulting in a direct or reasonably foreseeable indirect physical change in the environment and/or the activities consist of creation of government funding mechanisms or other government fiscal activities which do not constitute a “project”. Even if the funding appropriation did constitute a “project” under CEQA , it falls within the "common sense" exemption set forth in 14 Cal Code Regs Section 15061(b)(3).

Public Contact
The City Council Agenda was posted.

Attachments

1. Resolution Appropriating Grant Funds

2. Amended Master Funding Agreement with MTC

Res. No. 25-XX 1

BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
A Resolution Appropriating Grant Funding from the
Metropolitan Transportation Commission in the
Amount of $145,000 for Housing Element
Implementation and Approval for use on the
Monument Boulevard Bay Area Rapid Transit Site
Due Diligence Project (Project No. 2804)
Resolution No. 25-XX
/
WHEREAS, on May 10, 2024, the Metropolitan Transportation Commission (“MTC”) awarded grant funds to the City of Concord (“City”) in the amount of $145,000 as part of the Priority Sites Technical Assistance Program; and
WHEREAS, on September 20, 2024, the City Manager accepted the funds through the City’s Master Funding Agreement with MTC; and
WHEREAS, the funds will be used for conducting due diligence activities on a site owned by the San Francisco Bay Area Rapid Transit District (“BART”) and identified in the 2023-2031 Housing Element to accommodate future housing development; and WHEREAS, the grant scope of work will support the City’s Housing Element implementation and compliance with MTC’s Transit-Oriented Communities Policy; and WHEREAS, the funds need to be assigned and appropriated to a project to accept reimbursement from MTC for consultant services and staff time.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CONCORD DOES RESOLVE AS FOLLOWS:

Section 1. Pursuant to the California Environmental Quality Act (CEQA) of 1970, Public Resources Code Section 21000, et. seq., as amended and implementing State CEQA Guidelines, Title 14, Chapter 3 of the California Code of Regulations (collectively “CEQA”), the appropriate of funds does not constitute a "project" within the meaning of Public Resources Code Section 21065, 14 Cal Coe Regs. Sections 15060(c)(2), 15273, and/or 15378 including subsection (b)(4) as it has no potential for resulting in a direct or reasonably foreseeable indirect physical change in the environment and/or the activities consist of creation of government funding mechanisms or other Attachment 1

Res. No. 25-XX 2
government fiscal activities which do not constitute a “project”. Even if the funding appropriation did constitute a “project” under CEQA , it falls within the "common sense" exemption set forth in 14 Cal Code Regs Section 15061(b)(3).

Section 2. The Council authorizes the appropriation and expenditure of these funds on the Monument Blvd. BART Site Due Diligence Project (Project No. 2804).

Section 3. This resolution shall become effective immediately upon its passage and adoption.

PASSED AND ADOPTED by the City Council of the City of Concord on August 26, 2025, by the following vote:

AYES: Councilmembers -
NOES: Councilmembers -
ABSTAIN: Councilmembers -
ABSENT: Councilmembers -
I HEREBY CERTIFY that the foregoing Resolution No. 25-XX was duly and regularly adopted at a regular meeting of the City Council of the City of Concord on August 26, 2025.

Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:

Susanne Meyer Brown
City Attorney

Docusign Envelope ID: 85E6FE22-EEA5-4288-B735-33041E458843 Attachment 2
SUPPLEMENT NO. 3
To MASTER FUNDING AGREEMENT
Between METROPOLITAN TRANSPORTATION COMMISSION
And CITY OF CONCORD
For PRIORITY SITES TECHNICAL ASSISTANCE
This Supplement No. 3 (“Supplement”) to the Master Funding Agreement (“Agreement”) is entered into this September 20, 2024, by and between the METROPOLITAN TRANSPORTATION COMMISSION (“MTC”) and CITY OF CONCORD (“AGENCY”) and supplements the Master Funding Agreement, dated July 1, 2018, by and between MTC and AGENCY.

Pursuant to this Supplement, MTC agrees to provide an amount not to exceed one hundred and forty five thousand dollars ($145,000) in State Funding from the California Department of Housing and Community Development (HCD) Regional Early Action Planning Grants Program of 2021 (“REAP

2.0”) to AGENCY to fund the BART Monument Boulevard Housing Site Priority Sites Technical Assistance (as more fully described in Annex I hereto, the “Supplement Project”). The estimated budget and payment milestones for the Supplement Project scope of work is attached as Annex II hereto.

The Supplement Project work will commence on October 1, 2024, and be completed no later than December 31, 2025.

The clauses selected below and attached as exhibits to the Master Funding Agreement shall apply to AGENCY’s performance of the applicable Supplement Project scope of work hereunder:
☒ Exhibit B-1, Additional Terms and Conditions (General), Paragraph A ☒ Exhibit B-1, Additional Terms and Conditions (General), Paragraph B ☐ Exhibit B-2, Additional Terms and Conditions (Federally Required Clauses) ☒ Exhibit B-3, Additional Terms and Conditions (State Required Clauses) ☐ Exhibit B-4, Additional Terms and Conditions (Prevailing Wage Rates, Apprenticeships, and Payroll Records, Non-Federally-Funded Agreements)
☐ Exhibit B-5, Additional Terms and Conditions (Prevailing Wage Rates, Apprenticeships, and Payroll Records, Federally-Funded Agreements)
☐ Exhibit B-6, Additional Terms and Conditions (Regional Toll Funds including RM1, RM2, and AB1171)
☐ Exhibit B-7, Additional Terms and Conditions (Regional Discretionary Federal Funds including STP and CMAQ)
AGENCY agrees to require any consultant contracted to perform work related to the completion of the Scope of Work after the effective date of this Agreement to name MTC, California Department of Housing and Community Development (HCD) and their respective officials, agents and employees as additional insureds in the same manner as AGENCY in any agreement that requires the consultant to obtain and maintain insurance and to name AGENCY as an additional insured.

Docusign Envelope ID: 85E6FE22-EEA5-4288-B735-33041E458843

MTC/ CITY OF CONCORD
Master Funding Agreement
Supplement No. 3 – Monument Boulevard Priority Sites

Upon request by MTC, AGENCY shall deliver to MTC insurance documentation (including Certificates of Liability Insurance, Evidences of Property Insurance, endorsements, etc.) verifying the coverages. Such evidence of insurance shall make reference to all provisions and endorsements as required by the agreement between Recipient and consultant and shall be signed by the authorized representative of the Insurance Company shown on the insurance documentation. The Project name shall be clearly stated on the face of each Certificate of Liability Insurance and/or Evidence of Property Insurance. MTC reserves the right to require copies of all required policy declarations pages or insurance policies, including endorsements, required by these specifications, at any time.

AGENCY shall comply with all applicable terms and conditions of the REAP 2.0 Grant and NOFA, attached hereto as Attachment 1A and Attachment 1B.

Funding to this project was authorized by the Metropolitan Transportation Commission at its May 10th, 2024, Commission Meeting through Resolutions No. 4650, and No. 4202, revised.

The MTC Project Manager for the Supplement Project is Amba Gupta, (415) 778-5397, [email protected]. The AGENCY Project Manager for the Supplement Project is Meredith Rupp, (925) 603-5890, [email protected].

This Supplement is supplemental to the Master Funding Agreement; all terms and conditions of the Master Funding Agreement, as may be amended, remain unchanged hereby.

Capitalized terms used but not defined herein shall have the respective meanings assigned to them in the Master Funding Agreement.

METROPOLITAN TRANSPORTATION COMMISSION CITY OF CONCORD

Andrew B. Fremier, Executive Director Valerie Barone, City Manager

Docusign Envelope ID: 85E6FE22-EEA5-4288-B735-33041E458843

Annex I

MTC/ CITY OF CONCORD
Master Funding Agreement
Supplement No. 3 – Monument Boulevard Priority Sites

Background
Supplement Project Description and Scope of Work
BART Monument Boulevard Housing Site
AGENCY is assisting BART with its due diligence on pre-development work for the eventual development of their partially vacant site located on Monument Boulevard (“AGENCY Project”). In anticipation of BART’s process to secure a developer, BART is looking for technical assistance in the gathering of information about the site including development feasibility related to the Alquist-Priolo fault designation and identification of any environmental constraints. Further, BART is seeking guidance and any associated design considerations from the Contra Costa County Flood Control District due the presence of an existing storm drainage canal and from PG&E due to the overhead powerlines that run the length of the property along San Miguel Road.

TASK 1 – ALQUIST-PRIOLO GEOLOGICAL TRENCHING AND REPORT This site has a designated Alquist-Priolo fault zone area across the majority of property. The purpose of the trenching would be to determine if there is an active fault trace on the property and if so, a determination of development feasibility including identifying any required setbacks and site preparation and building standards.

Task 1 Deliverables:

1.1 : Report with preliminary assessment of the fault rupture hazard for the site.

1.2 : Report on the results of the trenching determining if there are active fault traces on the property.

This report should include acceptable locations of any habitable structures and identification of any site preparation or building requirements for the construction of housing.

TASK 2 – ENVIRONMENTAL REPORTS
Preparation of several studies are required to determine development feasibility, environmental impacts, and if any mitigation work is necessary prior construction.

Task 2 Deliverables:

2.1 : Noise study to determine if there will be certain construction standards to ensure adequate interior noise levels.

2.2 : Cultural resources report, including maps of any probable locations of artifacts or remains.

2.3 : Phase 1 report identifying any onsite contaminants or other environmental constraints, if applicable.

2.4 : Biological resources report identifying the likelihood of any special status species or habitat special status species.

Docusign Envelope ID: 85E6FE22-EEA5-4288-B735-33041E458843

MTC/ CITY OF CONCORD
Master Funding Agreement
Supplement No. 3 – Monument Boulevard Priority Sites

TASK 3 – COORDINATION WITH PACIFIC GAS &ELECTRIC (PG&E) AND CONTRA

COSTA COUNTY FLOOD CONTROL DISTRICT
Overhead powerlines run the majority of the length of the subject property along San Miguel Road. This task would determine the costs to underground the overhead powerlines and/or identify public improvements acceptable to AGENCY which are the economic equivalent of the costs to underground the powerlines. In addition, the property contains a canal that runs east to west that is used by the Contra Costa County Flood Control District (District) for stormwater drainage management. This task would engage an engineer to work with PG&E, BART, and the District to determine the costs to underground the overhead powerlines as well as the design parameters, including, but not limited to, covering the canal and vehicular access to the project site.

Task 3 Deliverables:

3.1 : Memorandum on costs to underground the overhead powerlines and the identification of other physical improvement of equivalent financial value to benefit the community in lieu of underground the overhead powerlines.

3.2 : Engineering design considerations and parameters for the incorporation of the canal into a future housing project.

3.3 : Memorandum summarizing any constraints as well as acceptable design parameters for the canal, including vehicular access, and the undergrounding of overhead powerlines.

Docusign Envelope ID: 85E6FE22-EEA5-4288-B735-33041E458843

Annex II

MTC/ CITY OF CONCORD
Master Funding Agreement
Supplement No. 3 – Monument Boulevard Priority Sites

Supplement Project Schedule, Budget and Payment

FIRM-FIXED PAYMENT
Payment to AGENCY shall be due in the firm fixed amounts indicated below, upon acceptance by the MTC Project Manager of the following deliverables or milestones, described in detail in Attachment A:

# Deliverable Due Date: Amount Due
TASK 1 – ALQUIST-PRIOLO GEOLOGICAL TRENCHING AND REPORT

1.1 Preliminary Analysis April 2025 $10,000

1.2 Trenching Report with Final
Recommendations
August 2025 $90,000
TASK 2 – ENVIRONMENTAL REPORTS

2.1 Noise Study April 2025 $4,000

2.2 Cultural Resources Study May 2025 $5,000

2.3 Phase 1 June 2025 $6,000

2.4 Biological Resources Report August 2025 $7,000
TASK 3 – COORDINATION WITH PG&E AND CONTRA COSTA COUNTY FLOOD

CONTROL DISTRICT

3.1 Memorandum Underground Overhead
Powerlines
July 2025 $5,000

3.2 Engineering Designs for Canal August 2025 $13,000

3.3 Memorandum of Design Constraints and
Considerations
August 2025 $5,000
TOTAL $145,000

RECIPIENT shall submit an invoice identifying the project deliverable or milestone for which payment is sought no later than thirty (30) days after MTC's acceptance of such deliverable/milestone. Final request for payment shall be submitted no later than 30 days after the end date of the agreement.

Docusign Envelope ID: 85E6FE22-EEA5-4288-B735-33041E458843

MTC/ CITY OF CONCORD
Master Funding Agreement
Supplement No. 3 – Monument Boulevard Priority Sites

Attachment 1A
REAP 2.0 Grant Agreement No. 23-REAP2-17909

SERVICES DocuSign Envelope ID: D294DDE3-8DC4-4325-B7F3-342F8408918B

1. This Agreement is entered into between the Contracting Agency and the Contractor named below:

CONTRACTING AGENCY NAME

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

CONTRACTOR'S NAME
Metropolitan Transportation Commission

2. The term of this Agreement is:

START DATE
Upon HCD Approval

THROUGH END DATE
12/31/2026

3. The maximum amount of this Agreement is:
$102,842,103.03

4. The parties agree to comply with the terms and conditions of the following exhibits, which are by this reference made a part of the Agreement.

EXHIBITS
Exhibit A Authority, Purpose and Scope of Work
Exhibit B Budget Detail and Payment Provisions

TITLE PAGES
2 2
Exhibit C* State of California General Terms and Conditions Exhibit D REAP2 Terms and Conditions
Exhibit E Special Conditions
GTC - 04/2017
9 0
TOTAL NUMBER OF PAGES ATTACHED 13
Items shown with an asterisk (*), are hereby incorporated by reference and made part of this agreement as if attached hereto.

These documents can be viewed at https://www.dgs.ca.gov/OLS/Resources

IN WITNESS WHEREOF, THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO.

CONTRACTOR

CONTRACTOR NAME (if other than an individual, state whether a corporation, partnership,etc.) Metropolitan Transportation Commission

STATE OF CALIFORNIA

CONTRACTING AGENCY NAME
Department of Housing and Community Development

CONTRACTING AGENCY ADDRESS
2020 W. El Camino Ave., Suite 130
CITY
Sacramento
STATE
CA
ZIP
95833

PRINTED NAME OF PERSON SIGNING
Edona Evans
TITLE
Contracts Office Manager,
Contract Services Section

CONTRACTING AGENCY AUTHORIZED SIGNATURE DATE SIGNED
1/11/2024
California Department of General Services Approval (or exemption, if applicable)

Exempt per; SCM Vol. 1 4.04.A.3 (DGS memo dated 06/12/1981)

STATE OF CALIFORNIA - DEPARTMENT OF GENERAL
Docusign Envelope ID: 85E6FE22-EEA5-4288-B735-33041E458843

STANDARD AGREEMENT
STD 213 (Rev. 04/2020)
SCO ID:

PURCHASING AUTHORITY NUMBER (if applicable)

AGREEMENT NUMBER
23-REAP2-17909

CONTRACTOR BUSINESS ADDRESS
375 Beale Street, Suite 800
CITY
San Francisco
STATE
CA
ZIP
94105

PRINTED NAME OF PERSON SIGNING
Andrew B. Fremier
TITLE
Executive Director

CONTRACTOR AUTHORIZED SIGNATURE DATE SIGNED
12/21/2023

DocuSign Envelope ID: D294DDE3-8DC4-4325-B7F3-342F8408918B Docusign Envelope ID: 85E6FE22-EEA5-4288-B735-33041E458843 Metropolitan Transportation Commission
23-REAP2-17909

Regional Early Action Planning Grants of 2021 (REAP 2.0) NOFA Date: July 18, 2022
Approved Date: November 10, 2022
Prep. Date: October 31, 2023

EXHIBIT A - AUTHORITY, PURPOSE, AND SCOPE OF WORK

1. Authority

The Regional Early Action Planning Grants Program of 2021 is established for the purpose of providing regions with one-time funding, including grants for transformative planning and implementation activities. Up to six hundred million dollars ($600,000,000) shall be distributed under the Program in accordance with Chapter 3.15 of the Health and Safety Code (Statute). Of this amount, approximately 85 percent ($510,000,000) is available to Metropolitan Planning Organizations (MPOs). The California Department of Housing and Community Development (Department or HCD) shall administer the Program (referred to herein as the Regional Early Action Planning Grants Program of 2021, or “REAP 2.0”) to MPOs and other regional entities in accordance with the Statute and Guidelines, pursuant to Health and Safety Code section 50515.10(h).

Pursuant to Health and Safety Code Section 50515.08(c)(3), an MPO or regional entity may request up to 10 percent of its available funding in advance. This Standard Agreement (Agreement) authorizes the encumbrance of the total funds available to the applicant, including advance payment, subject to all statutory requirements and all applicable provisions, including but not limited to the Guidelines, approved advance and full applications and any subsequent modifications.

The Grantee shall consult with the Department on any amendment modification or other provision related to the implementation of the Program. The Department’s decisions related to the administration of the Program shall be final pursuant to Health and Safety Code section 50515.10(i).

2. Purpose
In accordance with the authority cited above, the Grantee has been awarded financial assistance in the form of a grant from the Program. The Department has agreed to make the grant for planning and implementation activities pursuant to the Guidelines and this Agreement. By entering into this Agreement and thereby accepting the award of the Program funds, the Grantee agrees to comply with the terms and conditions of the Guidelines, advance application and full application, as well as this Agreement, subsequent amendments or modifications to this Agreement and the requirements of the authority cited above. Based on all representations made by the Grantee, the State shall encumber the full amount pursuant to the Guidelines and provide advance payment upon request and subsequent payments in accordance with Exhibit B. All terms, conditions and other relevant provisions will be subject to amendments as a result of subsequent applications and awards for remaining funds as described in Exhibit B.

3. Definitions

Terms herein shall have the same meaning as defined by the Guidelines and Statute.

DocuSign Envelope ID: D294DDE3-8DC4-4325-B7F3-342F8408918B Docusign Envelope ID: 85E6FE22-EEA5-4288-B735-33041E458843 Metropolitan Transportation Commission
23-REAP2-17909

Regional Early Action Planning Grants of 2021 (REAP 2.0) NOFA Date: July 18, 2022
Approved Date: November 10, 2022
Prep. Date: October 31, 2023

4. Scope of Work
Grantee shall use the awarded funds in accordance with the approved scope of work as contained in the timeline and budget and related information outlined in the approved application for 10 percent advance payment and subsequent applications for total funding. The scope of work may be amended in compliance with statutory requirements subject to approval by the Department.

5. Monitoring

A. The Grantee shall maintain books, records, documents, and other evidence that demonstrates the funding was used for the appropriate purposes, as described in the Statute, Guidelines, Scope of Work, approved advanced application, subsequent approved applications and all other pertinent documents. These books, records, documents and other evidence shall be available for audit and inspection by the Department at any point during the term of the Agreement and subject to any amendments to this Agreement.

B. The Department may request additional information, as needed, to demonstrate statutory compliance, satisfaction of program requirements and necessary amendments to this Agreement, including but not limited to reporting or audit requirements, implementing advance payment(s), or award amount to the Grantee.

C. The Department may monitor expenditures and activities of the Grantee, as the department deems necessary, to ensure compliance with statutory or Department requirements.

D. The Department may, as it deems appropriate or necessary, request the repayment of funds from a Grantee or pursue any other remedies available to it by law for failure to comply with Program requirements pursuant to Health and Safety Code section 50515.10 (g).

E. The Department’s decision to approve or deny an application or request for funding pursuant to the program, and its determination of the amount of funding to be provided, shall be final pursuant to Health and Safety Code section 50515.10(i).

F. Monitoring provisions may be amended and are subject to additional provisions in accordance with this Agreement or subsequent amendments.

6. Department Contract Coordinator

The Contract Coordinator of this Agreement for the Department is the Housing Policy Development Manager, or the Manager’s designee. Unless otherwise informed, any notice, report, or other communication required by this Agreement shall be submitted under the penalty of perjury by email to [email protected].

DocuSign Envelope ID: D294DDE3-8DC4-4325-B7F3-342F8408918B Docusign Envelope ID: 85E6FE22-EEA5-4288-B735-33041E458843 Metropolitan Transportation Commission
23-REAP2-17909

Regional Early Action Planning Grants of 2021 (REAP 2.0) NOFA Date: July 18, 2022
Approved Date: November 10, 2022
Prep. Date: October 31, 2023

EXHIBIT B - BUDGET DETAIL AND PAYMENT PROVISIONS

1. Application for Funds

A. The Department is entering into this Agreement on the basis of, and in reliance upon, facts, information, assertions and representations contained in any application or award or any subsequent modifications or additions to such thereto approved by the Department. All awarded applications for funding and any approved modifications and additions thereto are hereby incorporated into this Agreement.

B. The Grantee warrants that all information, facts, assertions and representations contained in any approved application, award or approved modifications and additions thereto are true, correct, and complete to the best of the Grantee’s knowledge. In the event that any part of an application and any approved modification and addition thereto is untrue, incorrect, incomplete, or misleading in such a manner that would affect the Department's approval, disbursement, or monitoring of the funding and the grant or activities governed by this Agreement, the Department may declare a breach hereof and take such action or pursue such remedies as are provided for breach hereof.

2. Grant and Reimbursement Limit

A. The maximum total amount encumbered to the Grantee pursuant to this Agreement shall not exceed $102,842,103.03.

B. This Agreement authorizes an initial advance payment(s) up to 10% Award for eligible activities as described in the approved Advance Application.

C. This Agreement authorizes advance payment and subsequent awards up to the total award amount as described in Section 2A of this Exhibit and is subject to Department approval.

D. The Grantee shall submit and follow a schedule for the expenditure of the 10 percent advance and any subsequent award prior to disbursement of funds. The schedule is subject to Department approval and may be revised as the Department deems necessary.

3. Grant Timelines

A. This Agreement is effective upon approval by all parties and the Department, which is evidenced by the date signed by the Department on page one, Standard Agreement, STD 213 (the “Effective Date").

B. All Grant funds must be obligated no later than June 30, 2024 and expended by June 30, 2026 pursuant to Health and Safety Code section 50515.10(e)(1).

C. Final invoices must be submitted to the Department three months prior to the expenditure deadline. Under special circumstances, approved by the Department

DocuSign Envelope ID: D294DDE3-8DC4-4325-B7F3-342F8408918B Docusign Envelope ID: 85E6FE22-EEA5-4288-B735-33041E458843 Metropolitan Transportation Commission
23-REAP2-17909

Regional Early Action Planning Grants of 2021 (REAP 2.0) NOFA Date: July 18, 2022
Approved Date: November 10, 2022
Prep. Date: October 31, 2023

and in accordance with the expenditure deadline, the Department may modify the invoice deadline and may provide exception, including but not limited to, advance payment to carry out the terms of this Agreement.

D. It is the responsibility of the Grantee to monitor the progress and timeliness of grant fund obligations, including invoicing and reimbursements within the specified dates.

4. Allowable Uses of Grant Funds

A. The Department shall not award or disburse funds unless it determines that the grant funds shall be expended in compliance with the terms and provisions of the Statute and Guidelines which includes associated forms and guidelines, approved applications and this Agreement.

B. Grant funds shall only be used by the Grantee for project activities approved by the Department that involve planning and implementation activities in accordance with the Statute and Guidelines.

C. Grant funds may not be used for administrative costs of persons employed by the Grantee for activities not directly related to eligible activities.

D. The Grantee shall use no more than 5 percent of the total grant amount for costs related to administration of the project as described in the Guidelines.

E. A Grantee that receives funds under this Program may use a subcontractor and Grantee shall be accountable to the Department to ensure subcontractor’s performance of the subcontract shall comply with all the requirements of the Program. The subcontract shall not relieve the Grantee of its responsibilities under the Program.

F. After the Agreement has been executed by the Department and all parties, approved and eligible costs for eligible activities may be reimbursed for the project(s) upon completion of deliverables or paid in advance in accordance with the scope of work and subject to the terms and conditions of this Agreement.

G. Eligible activities that are approved by the Department may be retroactively reimbursed to July 1, 2021.

DocuSign Envelope ID: D294DDE3-8DC4-4325-B7F3-342F8408918B Docusign Envelope ID: 85E6FE22-EEA5-4288-B735-33041E458843 Metropolitan Transportation Commission
23-REAP2-17909

Regional Early Action Planning Grants of 2021 (REAP 2.0) NOFA Date: July 18, 2022
Approved Date: November 10, 2022
Prep. Date: October 31, 2023

EXHIBIT D - REAP2 TERMS AND CONDITIONS

1. Accounting and Records

A. The Grantee, its employees, contractors, and subcontractors shall establish and maintain an accounting system and reports that properly accumulate incurred project costs by line. The accounting system shall conform to Generally Accepted Accounting Principles (GAAP), enable the determination of incurred costs at interim points of completion, and provide support for payment vouchers and invoices.

Grantees may establish and maintain an accounting system and reports, as described above, on behalf of contractors and subcontractors.

B. The Grantee must establish a separate ledger account for receipts and expenditures of grant funds and maintain expenditure details in accordance with the budget and timeline. Separate bank accounts are not required. As appropriate, Grantees must establish separate ledgers for State General funds and other funds associated with proposed uses not provided by the REAP 2.0 Program.

C. The Grantee shall maintain documentation of its normal procurement policy and competitive bid process (including the use of sole source purchasing), and financial records of expenditures incurred during the course of the project in accordance with GAAP.

D. The Grantee agrees that the Department or designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of the Agreement.

E. The Grantee agrees to maintain such records for a possible audit after the final payment for at least five years after all funds have been expended or returned to the State unless a longer period of records retention is stipulated. Wherever practicable, such records should be collected, transmitted, and stored in open and machine- readable formats.

F. Contractors and subcontractors employed by the Grantee and paid with moneys under the terms of this Agreement shall be responsible for maintaining accounting records as specified above.

2. Invoicing

A. Grant funds cannot be disbursed until the Agreement has been fully executed.

B. The Grantee will be responsible for compiling and submitting all invoices and reporting documents.

C. The Grantee must bill the Department based on clear deliverables outlined in the Agreement or budget timeline. Generally, approved and eligible costs incurred for work after execution of the Agreement and completed during the grant term will be reimbursable. However, eligible activities conducted prior to award will be

DocuSign Envelope ID: D294DDE3-8DC4-4325-B7F3-342F8408918B Docusign Envelope ID: 85E6FE22-EEA5-4288-B735-33041E458843 Metropolitan Transportation Commission
23-REAP2-17909

Regional Early Action Planning Grants of 2021 (REAP 2.0) NOFA Date: July 18, 2022
Approved Date: November 10, 2022
Prep. Date: October 31, 2023

reimbursable to July 1, 2021. Approved and eligible costs incurred prior to July 1, 2021, are ineligible.

D. Grantees who received advance funds shall expend all such funds or demonstrate substantial progress prior to requesting additional advanced funding by submitting an updated project timeline and budget, including expenditure progress for their eligible projects from the application and any supporting documentation.

E. Project invoices may be submitted to the Department by the Grantee on a quarterly basis or upon completion of a deliverable, subject to the Department’s approval.

F. The Department may consider advance payments or alternative arrangements to reimbursement and payment methods based on demonstrated need. The Department may consider factors such as available funds for eligible activities.

Suballocations must request funds in increments, schedule for advance payments or other form approved by the Department, and report progress according to an implementation and expenditure timetable.

G. Supporting documentation may include, but is not limited to, purchase orders, receipts, progress payments, subcontractor invoices, timecards, reports, or any other documentation as deemed necessary by the Department to support the reimbursement to the Grantee for expenditures incurred.

H. Invoices must be accompanied by supporting documentation where appropriate.

Invoices without supporting documentation will not be paid. The Department may withhold up to 10 percent of the grant until grant terms have been fulfilled, including all required reporting.

3. Audits

A. At any time during the term of the Agreement, the Department may perform or cause to be performed a financial audit of any and all phases of the award. At the Department’s request, the Grantee shall provide, at its own expense, a financial audit prepared by a certified public accountant. The Department has the right to review project documents and conduct audits during project implementation and over the project life.

B. The Grantee agrees that the Department or the Department’s designee shall have the right to review, obtain, and copy all records and supporting documentation pertaining to performance of this Agreement.

C. The Grantee agrees to provide the Department, or the Department’s designee, with any relevant information requested.

D. The Grantee agrees to permit the Department or the Department’s designee access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees who might reasonably have information related to such records and inspecting and copying such books, records, accounts, and other

DocuSign Envelope ID: D294DDE3-8DC4-4325-B7F3-342F8408918B Docusign Envelope ID: 85E6FE22-EEA5-4288-B735-33041E458843 Metropolitan Transportation Commission
23-REAP2-17909

Regional Early Action Planning Grants of 2021 (REAP 2.0) NOFA Date: July 18, 2022
Approved Date: November 10, 2022
Prep. Date: October 31, 2023

material that may be relevant to a matter under investigation for the purpose of determining compliance with statutes, REAP 2.0 Guidelines, and the Agreement.

E. The Department may request additional information, as needed, to meet other applicable audit requirements.

F. The Department may monitor expenditures and activities of a Grantee or its designees, contractors or subcontractors, as the Department deems necessary, to ensure compliance with REAP requirements.

G. Grantees using federal or state transportation planning funds administered through the Overall Work Program (OWP) shall clearly identify the source of funds.

H. If there are audit findings, the Grantee must submit a detailed response acceptable to the Department for each audit finding within 90 days from the date of the audit finding report.

I. The Grantee agrees to maintain such records for possible audit after the final payment for at least five years after all funds have been expended or returned to the State unless a longer period of records retention is stipulated. Wherever practicable, such records should be collected, transmitted, and stored in open and machine- readable formats.

J. If any litigation, claim, negotiation, audit, monitoring, inspection, or other action has been started before the expiration of the required record retention period, all records must be retained by the Grantee and its designees, contractors, and sub-contractors until completion of the action and resolution of all issues which arise from it. In any contract that it enters into in an amount exceeding $10,000, the Grantee shall include the Department’s right to audit the contractor’s records and interview their employees.

K. The Grantee shall comply with and be aware of the requirements and penalties for violations of fraud and for obstruction of investigation as set forth in California Public Contracts Code Section 10115.10.

4. Remedies and Non-performance

A. Any dispute concerning a question of fact arising under this Agreement that is not disposed of by agreement shall be decided by the Department’s Housing Policy Development Manager, or the Manager’s designee, who may consider any written or verbal evidence submitted by the Grantee. The decision of the Department’s Housing Policy Development Manager or Designee shall be the Department’s final decision regarding the dispute, not subject to appeal.

B. Neither the pendency of a dispute nor its consideration by the Department will excuse the Grantee from full and timely performance in accordance with the terms of this Agreement.

DocuSign Envelope ID: D294DDE3-8DC4-4325-B7F3-342F8408918B Docusign Envelope ID: 85E6FE22-EEA5-4288-B735-33041E458843 Metropolitan Transportation Commission
23-REAP2-17909

Regional Early Action Planning Grants of 2021 (REAP 2.0) NOFA Date: July 18, 2022
Approved Date: November 10, 2022
Prep. Date: October 31, 2023

C. In the event that it is determined, at the sole discretion of the Department, that the Grantee is not meeting the terms and conditions of the Agreement, immediately upon receiving a written notice from the Department to stop work, the Grantee shall cease all work under the Agreement. The Department has the sole discretion to determine that the Grantee meets the terms and conditions after a stop work order, and to deliver a written notice to the Grantee to resume work under the Agreement.

D. The Department has the right to terminate the Agreement at any time upon 30 days written notice. The notice shall specify the reason for early termination and may permit the Grantee or the Department to rectify any deficiency(ies) prior to the early termination date. The Grantee will submit any requested documents to the Department within 30 days of the early termination notice.

E. The applicant must demonstrate a clear and significant nexus to REAP 2.0 Program goals and objectives and must carry out provisions to meet the Program goals and objectives and other requirements, including, but not limited to, adoption or completion of activities toward Policy Outcomes and implementation of eligible use activities funded through a suballocation process. Any lack of action or action inconsistent with REAP 2.0 requirements may result in review and could be subject to repayment of the grant.

F. At any time, if the Department finds the Grantee included false information in the advance or final application or as part of the application review, the Department may require the repayment of funds.

G. Grantees are responsible for suballocations meeting all REAP 2.0 requirements.

H. Examples of a breach of this Agreement:

1. Grantee’s failure to comply with any term or condition of this Agreement.

2. Use of, or permitting the use of, grant funds provided under this Agreement for any ineligible costs or for any activity not specified and approved under this Agreement.

3. Any failure to comply with the deadlines set forth in this Agreement unless approved by the Program Manager in writing.

I. The Department may, as it deems appropriate or necessary, require the repayment of funds from a Grantee, or pursue any other remedies available to it by law for failure to comply with all REAP 2.0 Program requirements.

J. In addition to any other remedies that may be available to the Department in law or equity for breach of this Agreement, the Department may at its discretion, exercise a variety of remedies, including but not limited to:

1. Revoke existing REAP 2.0 award(s) to the Grantee;

DocuSign Envelope ID: D294DDE3-8DC4-4325-B7F3-342F8408918B Docusign Envelope ID: 85E6FE22-EEA5-4288-B735-33041E458843 Metropolitan Transportation Commission
23-REAP2-17909

Regional Early Action Planning Grants of 2021 (REAP 2.0) NOFA Date: July 18, 2022
Approved Date: November 10, 2022
Prep. Date: October 31, 2023

2. Require the return of unexpended REAP 2.0 funds disbursed under this Agreement;

3. Require repayment of REAP 2.0 Funds disbursed and expended under this Agreement;

4. Seek a court order for specific performance of the obligation defaulted upon, or the appointment of a receiver to complete the obligations in accordance with the REAP 2.0 Program requirements; and

5. Other remedies available at law, by and through this Agreement. All remedies available to the Department are cumulative and not exclusive.

6. The Department may give written notice to the Grantee to cure the breach or violation within a period of not less than 15 days.

K. The Grantee may be subject to amendment of this section as a result of subsequent applications and awards.

5. Reporting

A. At any time during the term of the Agreement, the Department may request a performance report that demonstrates satisfaction of all requirements identified in the Agreement with emphasis on eligible activities, eligible uses, and expenditures according to timelines and budgets referenced in the Agreement.

B. Grantees shall submit a report, in the form and manner prescribed by the Department, to be made publicly available on its website, by April 1 of the year following the receipt of those funds, and annually thereafter until those funds are expended, that contains the following information:

1. The status of the Proposed Uses and expenditures listed in the Grantee’s advance and full applications for funding and progress of each Proposed Use toward all the objectives of the REAP 2.0 program as provided in the Guidelines and explained in the applications.

2. An explanation and quantification, where appropriate, of the progress achieved toward all of the objectives of the REAP 2.0 program, barriers and solutions for each Proposed Use that is consistent with and incorporates the metrics in the full application, including, but not limited to:
i. Housing units accelerated,
ii. Reductions in Vehicle Miles Traveled Per Capita,
iii. Location of investment,
iv. Socioeconomic statistics about the impacted geography, and v. Regional impact explanation

The report must identify whether Proposed Uses overlap with other programs that share the same objectives as REAP 2.0. The Grantee should also identify

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23-REAP2-17909

Regional Early Action Planning Grants of 2021 (REAP 2.0) NOFA Date: July 18, 2022
Approved Date: November 10, 2022
Prep. Date: October 31, 2023

any measurement challenges that persist and highlight any administrative barriers that prevent it from obtaining the information it needs to perform better analysis of progress made achieving REAP 2.0 Objectives and make adjustments to the extent possible in subsequent reporting years.

3. All status and impact reports shall be categorized based on the eligible uses specified in Section 50515.08 of the Statute.

C. Grantees shall post, make available, and update, as appropriate on its internet website, land use maps and Vehicle Miles Traveled generation maps produced in the development of its adopted SCS, as applicable.

D. Grantees shall collaborate and share progress, templates, and best practices with the Department and fellow recipients in implementation of funds. To the greatest extent practicable, Grantees shall coordinate with other Eligible Entities in the development of applications, consider potential for joint activities, and seek to coordinate Housing and transportation planning across regions.

E. Upon completion of all deliverables within the Agreement, the Grantee shall submit a close out report in a manner and form prescribed by the Department.

1. Grantee may include a line item for advance payment or reimbursement, as part of its administrative costs, for its final report that is due by June 30, 2026.

Funding requests for final reports must be submitted no later than March 31, 2026.

6. Indemnification

Neither the Department nor any officer, employee or designee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted by the Grantee, its officers, employees, agents, its contractors, its sub -recipients or its subcontractors under or in connection with any work, authority or jurisdiction conferred upon the Grantee under this Agreement, Guidelines or Statute. It is understood and agreed that the Grantee shall fully defend, indemnify and save harmless the Department and all of the Department’s staff from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortuous, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by the Grantee, its officers, employees, agents, contractors, sub-recipients, or subcontractors under this Agreement, Guidelines or Statute.

7. Waivers

No waiver of any breach of this Agreement shall be held to be a waiver of any prior or subsequent breach. The failure of the Department to enforce at any time the provisions of this Agreement, or to require at any time, performance by the Grantee of these provisions, shall in no way be construed to be a waiver of such provisions nor to affect the validity of this Agreement or the right of the Department to enforce these provisions.

DocuSign Envelope ID: D294DDE3-8DC4-4325-B7F3-342F8408918B Docusign Envelope ID: 85E6FE22-EEA5-4288-B735-33041E458843 Metropolitan Transportation Commission
23-REAP2-17909

Regional Early Action Planning Grants of 2021 (REAP 2.0) NOFA Date: July 18, 2022
Approved Date: November 10, 2022
Prep. Date: October 31, 2023

8. Relationship of Parties
It is expressly understood that this Agreement is an agreement executed by and between two independent governmental entities and is not intended to, and shall not be construed to, create the relationship of agent, servant, employee, partnership, joint venture or association, or any other relationship whatsoever other than that of an independent party.

9. Third Party Contracts

A. All state-government funded procurements must be conducted using a fair and competitive procurement process. The Grantee may use its own procurement procedures as long as the procedures comply with all City/County laws, rules and ordinances governing procurement, and all applicable provisions of California state law.

B. Any contract entered into as a result of this Agreement shall contain all the provisions stipulated in this Agreement and shall be applicable to the Grantee’s sub- recipients, contractors, and subcontractors. Copies of all agreements with sub- recipients, contractors, and subcontractors shall be submitted to the Department’s program manager.

C. The Department does not have a contractual relationship with the Grantee’s sub- recipients, contractors, or subcontractors, and the Grantee shall be fully responsible for monitoring and enforcement of those agreements and all work performed thereunder.

10. Compliance with State and Federal Laws, Rules, Guidelines and Regulations

A. The Grantee agrees to comply with all state and federal laws, rules and regulations that pertain to construction, health and safety, labor, fair employment practices, equal opportunity, and all other matters applicable to the grant, the Grantee, its contractors or subcontractors, and any other grant activity.

B. During the performance of this Agreement, the Grantee assures that no otherwise qualified person shall be excluded from participation or employment, denied program benefits, or be subjected to discrimination based on race, color, ancestry, national origin, sex, gender, gender identity, gender expression, genetic information, age, disability, handicap, familial status, religion, or belief, under any program or activity funded by this contract, as required by Title VI of the Civil Rights Act of 1964, the Fair Housing Act (42 USC 3601-20) and all implementing regulations, and the Age Discrimination Act of 1975 and all implementing regulations.

C. The Grantee shall include the nondiscrimination and compliance provisions of this clause in all agreements with its sub-recipients, contractors, and subcontractors, and shall include a requirement in all agreements that each of them in turn include the nondiscrimination and compliance provisions of this clause in all contracts and subcontracts they enter into to perform work under the REAP 2.0 Program.

DocuSign Envelope ID: D294DDE3-8DC4-4325-B7F3-342F8408918B Docusign Envelope ID: 85E6FE22-EEA5-4288-B735-33041E458843 Metropolitan Transportation Commission
23-REAP2-17909

Regional Early Action Planning Grants of 2021 (REAP 2.0) NOFA Date: July 18, 2022
Approved Date: November 10, 2022
Prep. Date: October 31, 2023

D. The Grantee shall, in the course of performing project work, fully comply with the applicable provisions of the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.)

E. The Grantee shall adopt and implement affirmative processes and procedures that provide information, outreach and promotion of opportunities in the REAP project to encourage participation of all persons regardless of race, color, national origin, sex, religion, familial status, or disability. This includes, but is not limited to, a minority outreach program to ensure the inclusion, to the maximum extent possible, of minorities and women, and entities owned by minorities and women, as required by 24 CFR 92.351.

11. Litigation

A. If any provision of this Agreement, or an underlying obligation, is held invalid by a court of competent jurisdiction, such invalidity, at the sole discretion of the Department, shall not affect any other provisions of this Agreement and the remainder of this Agreement shall remain in full force and effect. Therefore, the provisions of this Agreement are, and shall be, deemed severable.

B. The Grantee shall notify the Department immediately of any claim or legal action undertaken by or against it, which affects or may affect this Agreement or the Department, and shall take such action with respect to the claim or legal action consistent with the terms of this Agreement and the interests of the Department.

12. Changes in Terms/Amendments

A. The Grantee may be subject to amendments to this section as a result of subsequent applications and awards.

B. This Agreement may only be amended or modified by mutual written agreement of both parties.

13. State-Owned Data

A. Definitions

1. Work:

The work to be directly or indirectly produced by the Grantee, its employees, or by and of the Grantee’s contractor’s, subcontractor’s and/or sub-recipient’s employees under this Agreement.

2. Work Product:

All deliverables created or produced from Work under this Agreement including, but not limited to, all Work and deliverables conceived or made or, hereafter

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23-REAP2-17909

Regional Early Action Planning Grants of 2021 (REAP 2.0) NOFA Date: July 18, 2022
Approved Date: November 10, 2022
Prep. Date: October 31, 2023

conceived or made, either solely or jointly with others during the term of this Agreement and during a period of six months after the termination thereof, which relates to the Work commissioned or performed under this Agreement, are considered Work Product. Work Product includes all deliverables, inventions, innovations, improvements, or other works of authorship Grantee and/or Grantee’s contractor subcontractor and/or sub-recipient may conceive of or develop in the course of this Agreement, whether or not they are eligible for patent, copyright, trademark, trade secret or other legal protection.

B. Sharing of Work Product and Rights

All Work Product shall be shared with the Department and its partners for various purposes, including education, outreach, transparency and future learning.

14. Special Conditions

The State reserves the right to add any special conditions to this Agreement it deems necessary to assure that the policy and goals of the Program are achieved.

Docusign Envelope ID: 85E6FE22-EEA5-4288-B735-33041E458843

MTC/ CITY OF CONCORD
Master Funding Agreement
Supplement No. 3 – Monument Boulevard Priority Sites

Attachment 1B
REAP 2.0 Notice of Funding Availability (NOFA)

Docusign Envelope ID: 85E6FE22-EEA5-4288-B735-33041E458843

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

DIVISION OF POLICY DEVELOPMENT
2020 W. El Camino Avenue, Suite 500, 95833
P. O. Box 952054
Sacramento, CA 94252-2054
(916) 263-2771 / FAX (916) 263-2763
www.hcd.ca.gov

STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor

July 26, 2022

MEMORANDUM FOR: All Metropolitan Planning Organizations FROM: Megan Kirkeby, Deputy Director Division of Housing Policy Development
SUBJECT: Notice of Funding Availability and Final Guidelines – Metropolitan Planning Organization Allocation
Regional Early Action Planning Grant (REAP 2.0)
The California Department of Housing and Community Development (HCD), in collaboration with the Office of Planning and Research (OPR), the Strategic Growth Council (SGC), and the State Air Resources Board (CARB), is pleased to release this Notice of Funding Availability (NOFA) for approximately $510,000,000 for the Regional Early Action Planning Grant Program of 2021 (REAP 2.0). The principal goal of REAP

2.0 is to make funding available to Metropolitan Planning Organizations (MPOs) and other regional entities for Transformative Planning and Implementation Activities that meet Housing and equity goals, reduce Vehicle Miles Traveled (VMT) Per Capita, and advance implementation of the region’s Sustainable Communities Strategy (SCS) or Alternative Planning Strategy, as applicable.

REAP 2.0 funding will be released in three separate allocations: (1) MPO Direct Allocation, (2) Tribal and Rural Allocation and (3) Higher Impact Transformative Allocation. This Notice of Funding Availability (NOFA) of approximately $510,000,000 addresses the (1) MPO Direct Allocation and is released concurrently with the (2) Tribal and Rural Allocation NOFA. The (3) Higher Impact Transformative Allocation NOFA is anticipated at a later time in 2022. The following Guidelines address allocations for the MPO Direct Allocation and are made available as a portion of the Local Government Planning Support Grants Program pursuant to Chapter 3.15 of Health and Safety Code (Sections 50515.06 to 50515.10) (Chapter 111, Statutes of 2021).

In order to be eligible for grant funding, the applicant must submit a copy by email to:

[email protected]. For the (1) MPO Direct Allocations, applications will be accepted on an Over-the-Counter (OTC) basis as of the date of this NOFA through December 31, 2022. The Department encourages early applications.

REAP 2.0 applications, forms, and instructions are available on the Department’s website on the REAP webpage. If you have questions regarding this NOFA, please email the Department at [email protected]. For future notifications, please use the Department’s email notification sign up at Subscribe (ca.gov).

Docusign Envelope ID: 85E6FE22-EEA5-4288-B735-33041E458843

Regional Early Action
Planning Grants of 2021
(REAP 2.0)
Final Guidelines for Metropolitan Planning Organizations

State of California
Governor Gavin Newsom

July 2022
Website: https://www.hcd.ca.gov/grants-funding/active-funding/reap2.shtml Email: [email protected]

Docusign Envelope ID: 85E6FE22-EEA5-4288-B735-33041E458843

Table of Contents
Section 100: Introduction ........................................................................................................ 4 Section 101: REAP 2.0 Program Background ....................................................................... 4 Section 102: Scope and Authority .......................................................................................... 4 Section 200: REAP 2.0 Goals, Objectives, Threshold Requirements and Eligible Uses 6 Section 201: REAP 2.0 Goals .................................................................................................. 6 Section 202: REAP 2.0 Objectives .......................................................................................... 6 Section 203: Threshold Requirements ................................................................................... 8 Section 204: Eligible Uses .................................................................................................... 10 Section 205: Ineligible Uses .................................................................................................. 12 Section 300: Applicant and Application Provisions ............................................................ 13 Section 301: Application Requirements and Contents ....................................................... 13 Section 302: Application Submittal ...................................................................................... 14 Section 400: Metropolitan Planning Organization Allocation ............................................. 14 Section 401: Eligible Applicants ........................................................................................... 14 Section 402: Award Amounts ............................................................................................... 15 Section 403: Advance Allocation.......................................................................................... 15 Section 404: Application Review .......................................................................................... 16 Section 405: Evaluation of Applications .............................................................................. 16 Section 406: Suballocation ................................................................................................... 19 Section 500: Administration ................................................................................................. 20 Section 501: Grant Execution and Term .............................................................................. 20 Section 502: Accounting and Records ................................................................................ 20 Section 503: Invoicing ........................................................................................................... 21 Section 504: Audits ............................................................................................................... 21 Section 505: Remedies of Non-performance ....................................................................... 22 Section 506: Reporting .......................................................................................................... 23 Section 600: Right to Modify or Suspend Guidelines and Final Decision Making ............ 24 Attachment 1: Statute ............................................................................................................ 25 Attachment 2: Definitions ..................................................................................................... 36 Attachment 3: Award Amounts by Eligible Applicant ......................................................... 41 Attachment 4: Applying Units of Measurement ................................................................... 42

Docusign Envelope ID: 85E6FE22-EEA5-4288-B735-33041E458843 4 Section 100: Introduction
The REAP 2.0 Program is funded in the amount of $600 million from the State General Fund. The Regional Early Action Planning Grants of 2021 will be administered by the California Department of Housing and Community Development (HCD) (Department), in collaboration with the Governor’s Office of Planning and Research (OPR), the Strategic Growth Council (SGC), and the California Air Resources Board (CARB). (Referred hereafter collectively as “State Collaborative Partners”.)

A majority of the funds (85 percent) will be allocated directly to the state’s Metropolitan Planning Organizations (MPOs). The remaining funds are split into a set aside for non- MPO regions for smaller counties and Tribal Entities, as well as a Higher Impact Transformative Allocation for all Eligible Entities.

Section 101: REAP 2.0 Program Background
California is committed to a future where we all have the option to live closer to our jobs, services, and daily destinations. We can achieve this future through more Housing options and affordability in nearby neighborhoods, which includes transportation options so we can walk our kids to school, ride our bikes to work, or take transit. REAP 2.0 is a key part of the state’s strategic investments toward this more sustainable, resilient, and inclusive future for people in all areas of the state.

REAP 2.0 builds on the success of 2019’s REAP program but expands the focus by integrating Housing and climate goals, and allowing for broader planning and implementation investments, including infrastructure investments that support future Housing development. REAP 2.0 is explicitly intended to meet multiple objectives – Infill development, Housing for all incomes, Vehicle Miles Traveled (VMT) reduction, and Affirmatively Furthering Fair Housing (AFFH) in ways that lead to transformative Policy Outcomes and accelerate the implementation of regional and local plans to achieve these goals.

REAP 2.0 provides funds to regional governments to accelerate Housing production and facilitate compliance with the 6th cycle of the Housing Element, including Regional Housing Needs Assessment. In addition, REAP 2.0 is specifically designed to provide MPOs and other Eligible Entities with tools and resources to help implement and advance plans, primarily by furthering the Sustainable Communities Strategies (SCS) adopted as part of Regional Transportation Plans to pursue greenhouse gas emission reduction targets through land use and transportation strategies.

Section 102: Scope and Authority

These Guidelines are authorized pursuant to Chapter 3.15 of Health and Safety Code sections 50515.06 to 50515.10 and implements, interprets, and makes statute specific for purposes of implementing REAP 2.0. These Guidelines establish terms, conditions, forms, procedures, and other mechanisms as the Department deems necessary to exercise the powers and perform the duties conferred by Chapter 3.15.

Docusign Envelope ID: 85E6FE22-EEA5-4288-B735-33041E458843 5 The matters set forth herein are regulatory mandates, and are adopted in accordance with the authorities set forth below:

Quasi-legislative regulations … have the dignity of statutes … [and]… delegation of legislative authority includes the power to elaborate the meaning of key statutory terms…

Ramirez v. Yosemite Water Co., 20 Cal. 4th 785, 800 (1999).

Further, the Department and State Collaborative Partners may implement REAP

2.0 through the issuance of forms, guidelines, and one or more NOFAs, as the Department deems necessary, to exercise the powers and perform the duties conferred on it by this Chapter 3.15 of Health and Safety Code. Any forms, guidelines, and NOFAs adopted pursuant to this section 50515.10 are specifically exempted from the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with section 11340) of Part 1 of Division 3 of Title 2 of the Gov. Code). (Health and Safety Code section 50515.10, (h).)
The Department reserves the right, at its sole discretion, to suspend or amend the provisions of these Guidelines in collaboration with the State Collaborative Partners, including, but not limited to, grant award amounts.

Docusign Envelope ID: 85E6FE22-EEA5-4288-B735-33041E458843 6 Section 200: REAP 2.0 Goals, Objectives, Threshold
Requirements and Eligible Uses
Section 201: REAP 2.0 Goals

REAP 2.0 goals include:

(A) Invest in Housing, planning, and Infill Housing-supportive infrastructure across the entire state in a manner that reduces VMT, increases Housing affordability, and advances equity, consistent with all of the following:

1. Advancing the State Planning Priorities, as described in Section 65041.1 of the Government Code;

2. Affirmatively Furthering Fair Housing pursuant to Section 8899.50 of the Government Code;

3. Facilitating Housing Element compliance and progress for the sixth cycle Regional Housing Needs Assessment pursuant to Section 65302 of the Government Code prepared in accordance with Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1 of Title 7 of the Government Code; and,

4. Advancing and implementing the region’s SCS, as described in paragraph (2) of subdivision (b) of Section 65080 of the Government Code, or Alternative Planning Strategy, as described in paragraph (2) of subdivision (b) of Section 65080 of the Government Code, as applicable to achieve climate goals.

Section 202: REAP 2.0 Objectives

REAP 2.0 Objectives include:

(A) Accelerating Infill Development that Facilitates Housing Supply, Choice, and Affordability
(B) Affirmatively Furthering Fair Housing
(C) Reducing Vehicle Miles Traveled

(A) Accelerating Infill Development that Facilitates Housing Supply, Choice, and Affordability

1. Accelerating Infill development near jobs and other key destinations to support increasing Housing choices and affordability that effectively reduce VMT and greenhouse gas emissions.

2. Eligible Entities must describe how Proposed Uses prioritize development that increases Housing choice and affordability at Infill sites. Proposed Uses must have Housing affordability components that serve Low- and Moderate-income Households.

3. Affordable Housing development programs – which may involve predevelopment costs (e.g., studies, land acquisition, entitlements), large expenditures and capital investments – are eligible uses if the programs accelerate the supply of long-term Affordable Housing for Lower and moderate-

Docusign Envelope ID: 85E6FE22-EEA5-4288-B735-33041E458843 7 income Households and commit to development within a reasonable time frame (e.g., within 5 years of the expenditure deadline). (B) Affirmatively Furthering Fair Housing (AFFH)

1. Proposed Uses must combat discrimination, overcome patterns of segregation, and foster equitable and inclusive communities.

2. Proposed Uses must include meaningful actions, that taken together, address significant disparities in Housing needs and in access to opportunity, replacing segregated living patterns with truly integrated and balanced living patterns, and transforming racially and ethnically concentrated areas of poverty into areas of opportunity pursuant to Government Code section 8899.50.

3. Proposed Uses must support regional and local efforts that work towards ensuring all people have full and equal access to opportunities enabling them to lead healthy lives.

4. Actions to Affirmatively Further Fair Housing may include, but are not limited to:
i. Enhancing Housing mobility strategies that remove barriers to Housing, Housing-supportive infrastructure, and transportation in areas of opportunity.
ii. Encouraging development of new Affordable Housing in high resource areas by promoting Housing, infrastructure, increased transportation options, and affordability in areas of high opportunity and outside of areas of concentrated poverty.
iii. Improving place-based strategies to encourage community revitalization.

This includes preservation of existing Affordable Housing that involves approaches focused on conserving and improving assets in areas of lower-opportunity and concentrated poverty, such as: targeting investments in neighborhood revitalization, preserving or rehabilitating existing Affordable Housing, improving infrastructure, schools, employment, parks, transportation, and other community amenities. iv. Protecting existing residents from displacement and preserving Housing choices and affordability in areas of lower - or moderate-opportunity and concentrated poverty.

5. Eligible Entities are required to consider AFFH principles and equity in all Proposed Uses. Any Proposed Uses that may have a negative impact on AFFH objectives must have appropriate mitigation efforts. Recipients shall take no action that is materially inconsistent with AFFH.

6. Eligible Entities are required to pursue geographic equity in how the application(s) disburse funding across the region.

7. Eligible Entities shall target funding to benefit Disadvantaged and Historically Underserved Communities.

8. Suballocations must address local, unique equity priorities.

(C) Reducing Vehicle Miles Traveled

1. The REAP 2.0 Program provides for investments to support Housing planning and production in Infill areas that reduce VMT towards helping the state meet multiple goals. Eligible Entities must explain how each Proposed Use promotes development and aligns Housing production in Infill locations consistent with the state’s climate targets and goals discussed in the California Climate Change Scoping Plan.

2. Proposed Uses shall focus on the VMT-reducing elements of the SCS, as

Docusign Envelope ID: 85E6FE22-EEA5-4288-B735-33041E458843 8 applicable, to achieve and maintain the region’s greenhouse gas emission reduction targets by supporting or implementing action-oriented plans, policies, and investment strategies broadly described as:
i. Land Use Planning, Policies, and Investment Strategies: Encourage Infill development that facilitates Housing supply, choice, and affordability and is serviced by existing and planned expansions of a multimodal transportation system.
ii. Transportation Planning, Policies, and Investment Strategies: Increase travel options to homes, jobs, services, and other key destinations that provide, support, or enhance Multimodal Communities and reduce the number or length of vehicle trips.

3. Eligible Entities are encouraged to pursue uses that support new Housing development and shift travel away from driving by implementing or supporting pedestrian, bicycle, transit, and other alternative transportation programs.

Section 203: Threshold Requirements
(A) Significant Beneficial Impact

1. Applicants must demonstrate that each Proposed Use advances all REAP 2.0 Program goals and objectives, meets the definition of a Transformative Planning and Implementation Activity, and provides a significant beneficial impact.

2. Significant beneficial impacts must lead to substantial changes in land use patterns and travel behaviors. In demonstrating significant beneficial impacts, applicants may consider rates of change (e.g., percent increase over a baseline), the magnitude of impact relative to variables or targets, the proportion of need achieved, and the impact relative to past trends, policies, and practices. Variables or targets may include but are not limited to benefitting households by income group; Regional Housing Needs Assessment; Housing units (new construction, preservation/conservation, and rehabilitation); density; infrastructure; infrastructure capacity and accessibility; public space; community amenities; investments; Vehicle Miles Traveled reduction goals or targets; regional or local equity policies and programs included in an adopted RTP/SCS; and GHG reduction goals or targets.

3. Applicants must explain how each Proposed Use demonstrates a nexus to all REAP 2.0 objectives through Policy Outcomes, provide a reasonable and verifiable methodology, and utilize forms in a manner prescribed by the Department and State Collaborative Partners.

4. Proposed Uses may combine eligible uses. Combined eligible uses must demonstrate a reasonable relationship to each other, including timing and completion.

5. Proposed Uses may combine eligible uses with other non-REAP 2.0 efforts including planning and implementation (e.g., other funding sources). Proposed Uses that combine eligible uses with non-REAP 2.0 efforts must demonstrate a reasonable relationship to each other, including timing and completion.

Docusign Envelope ID: 85E6FE22-EEA5-4288-B735-33041E458843 9 6. Where instructed, applicants must provide clear evidence that demonstrates a nexus between each Proposed Use and REAP 2.0 objectives, utilizing numeric metrics, targets, outputs, or other units of measurement that can be measured and evaluated as described by these Guidelines (See Attachment 4: Examples of Units of Measurement). Applicants may propose other units of measurement in consultation with the Department and State Collaborative Partners; such other measurements may be subject to a greater level of scrutiny. (B) Equitable Targeted Outreach

1. Eligible Entities must conduct community and stakeholder outreach as part of the development of their application for funds.

2. Eligible Entities must use outreach to develop priorities, Proposed Uses, funding amounts, the appropriate blend of planning and implementation, the amount retained by the Eligible Entity versus suballocations, and various other program components.

3. Outreach must proactively employ a variety of methods. Eligible Entities must conduct, and must document, targeted outreach to Disadvantaged and Historically Underserved Communities, including Tribal Entities.

4. Eligible Entities shall explain how outreach was incorporated into the application and explain how the Proposed Uses reflect the input received.

Eligible Entities are encouraged to provide responses to stakeholder and public input to provide for transparency and demonstrate how input was incorporated into planning and implementation activities.

5. Eligible Entities must use a variety of methods to reach individuals and organizations representing pertinent interests such as Housing, transportation, infrastructure, climate change, Infill development and equity. Methods may consider community-based surveys and participatory research, advisory or shared decision-making bodies, interviews, focus groups, community and stakeholder meetings, public and quasi-public meetings, community benefit agreements, and committees with representatives of pertinent special interests and neighborhoods.

6. Eligible Entities must make drafts of proposed approaches available to the public with sufficient time (e.g., at least 21 days) to comment.

7. Eligible Entities must conduct outreach throughout the program development and implementation process. This includes outreach in advance of developing Proposed Uses and approaches, in the early stages of program development, throughout program development, and during program implementation.

8. Eligible Entities must employ outreach that is unique to the REAP 2.0 Program.

Eligible Entities may utilize closely related outreach efforts but must not solely rely on those efforts.

9. Outreach methods must consider language access and other potential barriers to providing input.

10. Outreach may include coordination with Eligible Entities (including Tribal Entities) within the same region or in other regions. Eligible Entities may wish to consider the potential for joint activities and the coordination of Housing and transportation planning across regions.

Docusign Envelope ID: 85E6FE22-EEA5-4288-B735-33041E458843 10 11. Outreach must include effective and meaningful methods to gather and consider input and partnership with Tribal Entities. Methods must demonstrate a diligent effort to consult with Tribal Entities. Examples include acknowledgement of outreach, demonstration of consultation and incorporation of Tribal interest in priority setting and Proposed Uses.

Section 204: Eligible Uses

(A) Activities generally may include:

1. Technical assistance, planning, staffing, consultant needs (program-related),

2. Administration costs (see 204(J)),

3. Outreach and engagement activities (see 204(I)),

4. Eligible uses described in 204(E) that meet one or more of the following categories of allowable uses:
i. Accelerating Infill Development that facilitates Housing supply, choice, and affordability through various planning programs, services, or Capital Expenditures
ii. Realizing Multimodal Communities through programs, plans, and implementation actions
iii. Shifting travel behavior by reducing driving through programs, ordinances, funds, and other mechanisms, and
iv. Increasing transit ridership through funding, implementation actions, and planning
(B) In consultation with the Department and the State Collaborative Partners, applicants may determine the blend of planning and implementation activities, but there should generally be a greater emphasis on implementation activities. The blend of planning and implementation may consider the extent to which planning needs remain in the region after other local, state, and federal planning investments including but not limited to REAP 1.0, SB 2 Planning Grants, LEAP, SB 1 Sustainable Communities Grants and Homeless Housing, Assistance and Prevention (HHAP) Local Homelessness Actions plans. The blend of planning and implementation may also consider Housing and infrastructure needs of the communities and overall region, consideration of outreach and priority setting, including to disadvantaged communities, overall impact of proposed projects on Housing production and VMT reduction, advancing the implementation of VMT- reducing elements of the SCS or Alternative Planning Strategy, and AFFH.

Applicants that dedicate at least 70% of funding to implementation activities are generally not subject to consultation with the Department and State Collaborative Partners regarding the blend of planning and implementation activities. (C) The collection of eligible uses in the application should be integrated wherever possible and should lead to greater impact when implemented together. (D) Eligible uses may be coupled with other verifiable and related activities being undertaken that will be completed by the applicant or in coordination with other entities as demonstrated by a formal written agreement or other documentation (e.g., resolution) to the satisfaction of the Department

Docusign Envelope ID: 85E6FE22-EEA5-4288-B735-33041E458843 11 (E) Eligible uses could include but are not limited to:

1. Accelerating Infill Development that facilitates Housing supply, choice, and affordability:
a. Affordable Housing development programs – which may involve predevelopment costs (e.g., studies, land acquisition and entitlements), large expenditures and capital investments – are eligible uses if the programs accelerate the supply of long-term Affordable Housing for Lower-Income and Moderate-Income Households in Infill areas, remove barriers to encourage development and commit to
development within a reasonable time frame (e.g., within 5 years of the expenditure deadline). Affordable Housing developments can include mixed-uses (e.g., a minimum of 65 percent total floor area is residential use), and Affordable Housing units that are part of mixed income development programs.
b. Rezoning and guiding development by updating planning documents, development standards, and zoning ordinances, including general plans, community plans, specific plans, SCS, and local coastal programs. All uses that include the creation of planning documents must be accompanied by a commitment to adopt by the expenditure deadline.
c. Revamping local planning processes to accelerate Infill development that facilitates Housing supply, choice, and affordability. d. Completing environmental clearance to eliminate the need for project- specific review for Infill development that facilitates Housing supply, choice, and affordability.
e. Establishing and funding an Affordable Housing catalyst fund, trust fund, or revolving loan fund for location efficient projects. f. Performing infrastructure planning and investing in upgrading infrastructure, including for sewers, water systems, transit, active transportation, or other public facilities necessary to enable reduction in Per Capita VMT and accelerate Infill development that facilitates Housing supply, choice, and affordability.

2. Realizing Multimodal Communities:
a. Establishing and implementing a vision-zero policy and program, a safety plan, and a slow streets program.
b. Developing bicycle and pedestrian infrastructure plans and other multimodal plans or policies.
c. Investing in infrastructure projects and other programs to expand active transportation and implement bicycle or pedestrian plans. d. Producing multimodal corridor studies associated with developing specific planning documents or implementation actions.

3. Shifting travel behavior through reducing driving:
a. Studying roadway pricing feasibility and implementing road pricing programs.
b. Funding the establishment of a local VMT impact fee or catalyzing a regional VMT mitigation bank (seed funding for mitigation is ineligible).
c. Funding and implementing parking and transportation demand management programs or ordinances.
d. Accelerating Infill Housing production near jobs, transit, and

Docusign Envelope ID: 85E6FE22-EEA5-4288-B735-33041E458843 12 resources.

4. Increasing transit ridership:
a. Funding and implementing actions to establish more seamless regional transit systems between and across communities, including establishing common fares systems, sync transit routing systems and schedules, service design, and wayfinding to connect residential neighborhoods with employment centers and other key destinations.
b. Developing and implementing multimodal access plans to and from transit facilities.
c. Planning for additional Housing near transit. All uses that include the creation of planning documents must be accompanied by a commitment to adopt by the expenditure deadline.
(G) Eligible activities under technical assistance may be broadly construed but must demonstrate a clear and significant nexus to all REAP 2.0 objectives. (H) Eligible activities must have a significant geographic or region-wide benefit and are not intended to fund projects that are relatively small in scope. (I) Outreach and engagement activities are eligible as priority setting and components of other Proposed Uses. Program outreach shall not be a stand-alone Proposed Use.
(J) Recipients shall use no more than 5 percent of the allocation(s) for costs related to the administration of the activity(ies) for which the allocation(s) were made. Staff and overhead costs directly related to carrying out Proposed Uses are not administrative costs.
(K) Tribal Entities or Tribal Governments, as applicable, may propose eligible uses on all types of Tribal lands (e.g., Fee land within Reservation or Rancheria, land held in trust by the Bureau of Indian Affairs, Fee land outside Reservation or Rancheria, etc.) as long as site control is demonstrated.
(L) All Proposed Uses must AFFH.

Section 205: Ineligible Uses

(A) Ineligible uses are uses inconsistent with REAP 2.0 goals and objectives. (B) Ineligible uses apply to suballocations.
(C) Ineligible uses include but are not limited to:

1. Roadway or highway capacity increases

2. Advocacy work (direct lobbying for specific bills or local propositions)

3. Bonus payments of any kind

4. Ceremonial expenses

5. Commission fees

6. Real estate brokerage fees or expenses

7. Services, materials, or equipment obtained under any other state program

8. Stewardship of legal defense funds

9. General meetings that do not specifically discuss or advance implementation of awarded REAP 2.0 funds

10. Using funds for mitigation activities already mandated by local or state governing bodies or agencies

11. Ongoing expenses (e.g., routine maintenance or operations of transportation infrastructure associated with transit service expansion)

12. Costs associated with automobile or motorcycle parking (excluding EV

Docusign Envelope ID: 85E6FE22-EEA5-4288-B735-33041E458843 13 charging infrastructure). Proposed Uses with a surface parking component are not eligible.

13. Costs associated with infrastructure related to fossil fuels, including connections to natural gas infrastructure

14. Costs associated with ongoing provisions of internet service

15. In lieu fees for local inclusionary Housing programs

16. Updates to the RTP

17. Organizational membership fees

18. Street construction or repair to benefit vehicular traffic (D) Other items unrelated to the REAP 2.0 Program or application.

Section 300: Applicant and Application Provisions
Section 301: Application Requirements and Contents

(A) Until December 31, 2022, or as otherwise prescribed, an Eligible Entity may request an allocation of funds by submitting an application, in the form and manner prescribed by the Department, and developed with the Department and State Collaborative Partners, that includes all of the following information:

1. An identification of priorities set by outreach that reflects REAP 2.0 goals and objectives and considers all of the following:
i. Inter- and intra-regional coordination,
ii. Geographic equity,
iii. Appropriate blends of planning and implementation activities, iv. Amount retained by the Eligible Entity versus suballocations, v. Eligible uses (e.g., technical assistance and other activities, Accelerating Infill Development that facilitates Housing supply, choice, and affordability), and
vi. The goals of suballocations in a manner that addresses the unique needs of the region related to Housing, land use, transportation, climate change, equity, and other planning priorities.

2. An allocation budget for the funds;

3. The amounts retained by the Eligible Entity and any suballocations;

4. An explanation of how the Proposed Uses will meet the definition of Transformative Planning and Implementation Activities and, as applicable, constitute high-impact and innovative projects;

5. An explanation of how the Proposed Uses will implement and achieve Housing goals that also result in Per Capita VMT reductions in furtherance of the region’s SCS or Alternative Planning Strategy, as applicable;

6. Sufficient evidence that demonstrates a nexus between a Proposed Use and meeting all REAP 2.0 goals and objectives.

7. An explanation of how each Proposed Use has a significant geographic or region-wide benefit for Disadvantaged and Historically Underserved Communities.

8. An explanation of how each Proposed Use focuses implementation in areas that satisfy an applicable definition of Infill development (See Attachment 2:

Definitions).

9. The application shall reference one or more of the following categories of allowable uses of the funds:

Docusign Envelope ID: 85E6FE22-EEA5-4288-B735-33041E458843 14 i. Accelerating Infill Development that facilitates Housing supply, choice, and affordability.
ii. Supporting residents through realizing Multimodal Communities. iii. Reducing driving through shifting travel behavior. iv. Increasing transit ridership.

10. An explanation of the targeted outreach the MPO has conducted to Disadvantaged and Historically Underserved Communities and how that outreach was incorporated into the Proposed Uses; and

11. An explanation of how Proposed Uses will advance equity by benefiting Disadvantaged and Historically Underserved Communities.

12. The link to the applicant’s webpage where land use maps and Vehicle Miles Traveled generation maps, produced in the development of its adopted SCS are publicly available.
(B) The Department and State Collaborative Partners may request additional information and documentation as appropriate.
(C) The Department and State Collaborative Partners may consult with and gather relevant information from any individual, entity, or public agency.

Section 302: Application Submittal
(A) An applicant must submit a complete and signed application under the penalty of perjury by email to [email protected] .
(B) Applications must be on Department forms and cannot be altered or modified by the applicant. REAP 2.0 applications and forms are available on the Department’s website.
(C) The Department and State Collaborative Partners encourage early applications and will accept applications up to the date noted in this Notice of Funding Availability.

Section 400: Metropolitan Planning Organization Allocation Section 401: Eligible Applicants

(A) Eligible applicants are limited to MPOs and Councils of Governments (COGs) listed in Health and Safety Code section 50515.08, subdivision (a), paragraphs (1) to (6). These include: the Metropolitan Transportation Commission, the Sacramento Area Council of Governments, the San Diego Association of Governments, the Southern California Association of Governments, the Association of Monterey Bay Area Governments, the San Luis Obispo Council of Governments, the Santa Barbara County Association of Governments, the Fresno Council of Governments, the Kern Council of Governments, the Kings County Association of Governments, the Madera County Transportation Commission, the Merced County Association of Governments, the San Joaquin Council of Governments, the Stanislaus Council of Governments, the Tulare County Association of Governments, the Butte County Association of Governments, Shasta Regional Transportation Agency, and the Tahoe Regional Planning Agency.
(B) Eligible applicants that are COGs may include a single or multicounty Council of

Docusign Envelope ID: 85E6FE22-EEA5-4288-B735-33041E458843 15 Governments.
(C) Eligible applicants may partner through legally binding agreements with other forms of governments or entities where the proposal will have a direct effect on land-use, transportation, or development within areas of influence of the eligible applicant. This includes, but is not limited to, partnerships with other localities, regional governments, Housing authorities, school districts, special districts, community-based organizations, Tribal Entities or any duly constituted governing body of an Indian Reservation or Rancheria. Applicants forming partnerships must submit separate, completed, and signed application packages, including resolutions and a copy of the signed agreement between partners. Applicant partners may not submit an application on behalf of the eligible applicant.

Section 402: Award Amounts
(A) The maximum amount that an eligible applicant may receive shall be based on the most recent Department of Finance P-2A County Population Projections as of July 1, 2021.
(B) Amounts shall be calculated based on aggregate 2030 projected population per each eligible applicant as a percentage of projected 2030 statewide population.

See Attachment 3.
(C) Of the funds available, the amounts for each applicant will be determined according to population-based proportions as described under 402(B).

Section 403: Advance Allocation

(A) On or after January 1, 2022, an Eligible Entity may request up to 10 percent of funding available in advance of their full application. (B) Any proposed activity for the advanced funding must be used to develop and accelerate implementation of the full application. While funding to accelerate implementation of the full application may be requested, requests to begin program implementation will be subject to scrutiny of full application review standards and require consultation with the Department and State Collaborative Partners. (C) Advanced funding allocations must be used to assist in the evaluation of priorities and potential uses in compliance with REAP 2.0 goals and objectives. (D) Advanced funding requests for outreach must target efforts in Disadvantaged and Historically Underserved Communities.
(E) A funding request may include, but is not limited to, administration (5 percent cap), program development, initial priority setting, targeted outreach to Disadvantaged and Historically Underserved Communities, education and outreach and inter- regional engagement in the development of the full application. (F) The Department shall award requested funds in an expeditious manner after receiving the request.
(G) To receive an advance allocation, applicants must submit an application, resolution, and invoice.
(H) Applicants may submit a request for an advance under this section at any time during the application period ending December 31, 2022, prior to a full application.

However, a full application must be received by December 31, 2022. (I) Applicants who received an advance allocation may be required to demonstrate

Docusign Envelope ID: 85E6FE22-EEA5-4288-B735-33041E458843 16 progress in carrying out advance activities according to an agreed upon timetable prior to being awarded the full application amount. While this progress must be demonstrated prior to an award for the balance of funds, the advanced funds do not need to be completely expended prior to applying for and being awarded the remainder of the REAP 2.0 funds.

Section 404: Application Review

(A) The MPO Direct Allocation will not utilize a competitive process to award funds. (B) Funds will be available to eligible applicants on a rolling OTC basis beginning on the date of this NOFA and ending December 31, 2022.
(C) An application form will be available upon release of the NOFA and will include forms to demonstrate eligibility requirements are met such as, among other forms, a resolution, a proposed budget, a proposed timeline table, and self-certified attachments demonstrating compliance with threshold requirements. (D) The Department and State Collaborative Partners shall review each application in an expeditious manner.
(E) Applications will first be reviewed for, among other things, completeness, accuracy and threshold and eligibility requirements.
(F) An application must contain requested information and supporting documentation where appropriate.
(G) All applications must meet the threshold and eligible use requirements as specified in these Guidelines.
(H) If the application is ineligible, it will not be considered for funding, but may be amended and resubmitted.
(I) The Department may request additional information to complete and approve the application for funding.
(J) Applications recommended for funding are subject to conditions specified by the Department and State Collaborative Partners.
(K) All applicants not meeting the eligibility requirements will be informed in an expeditious manner.
(L) Successful applicants will receive an award letter from the Department and will be awarded funds. Applicants will enter into a Standard Agreement for distribution of funds. The Standard Agreement process will specify, among other things, the amount of funds granted, suballocation amounts, timeline for expenditure of funds, and the approved uses of funds by suballocation.

Section 405: Evaluation of Applications

(A) The Department and State Collaborative Partners review applications to determine whether Proposed Uses and suballocations are distributed in a manner that satisfies all REAP 2.0 requirements, as applicable, and appropriately address an applicant’s unique Housing, land use, transportation, climate change, equity, and other planning priorities consistent with REAP 2.0 goals and objectives. (B) The Department’s and State Collaborative Partners’ review of an application includes analyzing how each Proposed Use conforms with the REAP 2.0 and relevant funding source requirements.
(C) The Department and State Collaborative Partners will review applicants’ explanations of how each Proposed Use will meet the definition of Transformative Planning and Implementation Activity and how each Proposed Use will implement

Docusign Envelope ID: 85E6FE22-EEA5-4288-B735-33041E458843 17 and achieve Housing goals that also result in a reduction of VMT in furtherance of the region’s SCS or Alternative Planning Strategy, as applicable. In addition, the Department and State Collaborative Partners will review any application’s explanation of how each Proposed Use has a geographic or region-wide benefit for Disadvantaged and Historically Underserved Communities, and focuses implementation in areas that satisfy an applicable definition of Infill development. (D) The Department and State Collaborative Partners require that applicants provide sufficient evidence that demonstrates a nexus between a Proposed Use and meeting all REAP 2.0 goals and objectives.
(E) Applications must explain how Proposed Uses meet all Program Objectives. Each Proposed Use should be discussed in terms that enable the Department and State Collaborative Partners to assess how the Proposed Use, when implemented, furthers the following (See Attachments 4 for supplemental guidance and materials):

1. Infill Development that Facilitates Housing Supply, Choice, and Affordability:

Applicants should discuss the following:
i. The Proposed Use’s impact on Housing supply, choice, and affordability ii. The Proposed Use located or implemented within Infill areas. iii. The Proposed Use can be measured by, but is not limited to:
a. Number of Housing units (total, type, affordable, and per acre), b. Capital investments to support Housing development,
c. Mix of Housing unit types or sizes,
d. Increasing land use intensities,
e. Count of sites developable for future Housing, and/or f. Number of new Housing units supported or provided by the Proposed Use
iv. Some examples of a Proposed Use include, but are not limited to:
a. Affordable Housing development programs
b. Planning activities that lead to increased residential and/or mixed-use zoned capacity in areas identified as infill
c. Program-level environmental clearance
d. Upgrading infrastructure for sewer, water, and dry utility systems

2. Affirmatively Furthering Fair Housing (AFFH): Applicants should discuss the following:
i. The Proposed Use will be located or implemented within:
a. Higher Resource communities or Areas (See, Attachment 2:

Definitions), or
b. Disadvantaged and Historically Underserved Communities ii. The Proposed Use can be measured by, but is not limited to:
a. Number of proposed Affordable Housing units,
b. Number of existing housing units continued to be made available and affordable,
c. Zoning, Streamlined Housing Production (including permit streamlining), fees, incentives, and other approaches to increase housing choices and affordability,
d. Increase accessible number of units above state law, e. For Higher Resource Communities or Areas:

I. Increase in rate of Housing Choice Voucher usage in high opportunity census tracts,
f. For Disadvantaged and Historically Underserved Communities:

Docusign Envelope ID: 85E6FE22-EEA5-4288-B735-33041E458843 18 I. New or enhanced public services and community assets such as parks, social service programs, active transportation, infrastructure, and other community amenities,
II. Increased access to public services, and
III. Housing-supportive infrastructure service in areas of concentrated poverty or similar areas
g. Other metrics found in the Department’s AFFH Guidance Memo iii. Some examples of a Proposed Use include, but are not limited to:
a. For Higher or Moderate Resource Communities or Areas, and/or areas of lower resource coupled with measures to promote equitable quality of life and access to Higher Resource Communities or Areas:

I. Housing mobility strategies,
II. Affordable Housing unit production,
III. Reductions to barriers to higher density Housing, buildings with four or more units, and accessibility, and/or
IV. Outreach strategies to address local opposition to Proposed Use
b. For Disadvantaged and Historically Underserved Communities:

I. Affordable Housing unit production or preservation,
II. Anti-displacement protections,
III. Expanded Housing options, and/or
IV. Housing-supportive infrastructure

3. Reducing Vehicle Miles Traveled: Applicants should discuss the following (See, Attachment 4, Applying Units of Measurement for supplemental materials that describe land use and transportation planning, policies, and investment strategies):
i. The Proposed Used located or implemented within Infill areas. ii. The Proposed Use, dependent upon what funding source(s) are utilized, can be measured by, but is not limited to:
a. Estimate for VMT reduced Per Capita,
b. Number of distinct land uses within and around the site, c. Number of internal and surrounding connections to the active transportation and transit networks,
d. Mix of Housing unit types or sizes,
e. New or enhanced transit services and frequencies,
f. Demonstrated transit route optimization,
g. Number of new pedestrian and bicycle pathways, or
h. Limited number of off-street parking
iii. Some examples of a Proposed Use include, but are not limited to:
a. Activities that develop, support, or implement land use planning, policies, or investment strategies that result in substantial changes to travel behavior from increasing:

I. Population and employment densities,
II. Land use mix,
III. Street network connectivity,
IV. Linkages and pathways with active transportation infrastructure, V. Accessibility between destinations, and/or
VI. Contiguousness of land uses and transportation networks b. Activities, subject to applicable program funding requirements, that would develop, support, or implement transportation planning,

Docusign Envelope ID: 85E6FE22-EEA5-4288-B735-33041E458843 19 policies, and investment strategies that support Infill development that facilitates housing supply, choice, and affordability by:

I. Increased transit services and access,
II. Building at walkable community scales,
III. Enhanced pedestrian and bicycling safety measures, IV. Protected pedestrian and bicycling amenities, and/or V. Multimodal infrastructure connections with multimodal-mobility transportation systems.

Section 406: Suballocation

(A) Eligible Entities may suballocate funds to Eligible Entities in the form of grants. (B) Eligible Entities for the purposes of suballocations may be broadly construed and include, but are not limited to, a county, a city, a city and county, a transit agency or district, a county transportation agency, Tribal Entity, community-based organization, Public Housing Authority, academic institution, developers of Affordable Housing, or regional Housing Trust Fund.
(C) Proposed evaluation criteria for any suballocation uses are subject to review and approval by the Department and State Collaborative Partners during the application process, and must align with REAP 2.0 Program goals, objectives, and definitions.

Evaluation criteria must be approved by the Department and State Collaborative Partners by March 31, 2023, unless an extension is granted by the Department. (D) The amount of funds distributed through suballocations must be based on the applicants’ unique Housing, land use, transportation, climate change, equity, and other planning priorities. Additional factors include, but are not limited to, outreach and priority setting, maximization of Policy Outcomes consistent with REAP 2.0 Program goals and objectives, and timeliness of expenditures. (E) Suballocations must consider geographic equity, including rural and urban communities, transformative and collaborative approaches to planning and implementation, and the degree to which the suballocation furthers the REAP 2.0 objectives (i.e., Accelerating Infill Development that facilitates Housing supply, choice, and affordability, reducing VMT, advancing the SCS or Alternative Planning Strategies, and AFFH).
(F) Eligible Entities may consider additional criteria tailored to its unique conditions and circumstances as well as planning priorities for the area. All additional criteria must demonstrably promote REAP 2.0 goals and objectives and be developed in consultation with the Department and the State Collaborative Partners. (G) Suballocations must comply with REAP 2.0 Program requirements including but not limited to REAP 2.0 objectives (Section 202).
(H) Eligible Entities must award suballocation within 60 days of a complete application received from an applicant for a suballocation. An award is defined by an official notice (e.g., letter) to the grantee and does not include encumbrance or an executed Standard Agreement.
(I) Eligible Entities may propose suballocations as part of the application for the REAP

2.0 Program.
(J) Eligible Entities shall expeditiously act to execute the Standard Agreement and

Docusign Envelope ID: 85E6FE22-EEA5-4288-B735-33041E458843 20 ensure expenditure deadlines are met throughout the implementation of the REAP

2.0 Program.

Section 500: Administration
Section 501: Grant Execution and Term

(A) The Department will notify the grantee if they have been selected for a grant award. (B) After the Standard Agreement has been sent electronically, the grantee will be provided instructions for signing all required documents. The grantee must submit all supporting materials and a signed Standard Agreement within the timeline provided in the instructions or risk forfeiting the grant award. (C) The grant term begins on the day the Department and the grantee have fully executed the Standard Agreement. The Department will notify the grantee and partners when work may proceed under the agreement. However, eligible activities that are approved by the Department may be retroactively reimbursed to July 1, 2021.
(D) Each recipient of funds under REAP must encumber those funds no later than June 30, 2024, and expend those funds no later than June 30, 2026. Final invoices must be submitted to the Department three months prior to the expenditure deadline.

Section 502: Accounting and Records

(A) The grantee, its staff, contractors, and subcontractors shall establish and maintain an accounting system and reports that properly accumulate incurred project costs by line. The accounting system shall conform to Generally Accepted Accounting Principles (GAAP), enable the determination of incurred costs at interim points of completion, and provide support for payment vouchers and invoices. Grantees may establish and maintain an accounting system and reports, as described above, on behalf of contractors and subcontractors.
(B) The grantee must establish a separate ledger account for receipts and expenditures of grant funds and maintain expenditure details in accordance with the budget and timeline. Separate bank accounts are not required. As appropriate, grantees must establish separate ledgers for State General funds and other funds associated with proposed uses not provided by the REAP 2.0 Program. (C) The grantee shall maintain documentation of its normal procurement policy and competitive bid process (including the use of sole source purchasing),and financial records of expenditures incurred during the course of the project in accordance with GAAP.
(D) The grantee agrees that the Department or designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of the Standard Agreement. (E) The grantee agrees to maintain such records for possible audit after the final payment for at least five years after all funds have been expended or returned to the State unless a longer period of records retention is stipulated. Wherever practicable, such records should be collected, transmitted, and stored in open and machine-readable formats.
(F) Subcontractors employed by the grantee and paid with moneys under the terms of

Docusign Envelope ID: 85E6FE22-EEA5-4288-B735-33041E458843 21 this Standard Agreement shall be responsible for maintaining accounting records as specified above.

Section 503: Invoicing

(A) Grant funds cannot be disbursed until the Standard Agreement has been fully executed.
(B) The grantee will be responsible for compiling and submitting all invoices and reporting documents.
(C) The grantee must bill the Department based on clear deliverables outlined in the Standard Agreement or budget timeline. Generally, approved and eligible costs incurred for work after execution of the Standard Agreement and completed during the grant term will be reimbursable. However, eligible activities conducted prior to award will be reimbursable to July 1, 2021. Approved and eligible costs incurred prior to July 1, 2021, are ineligible.
(D) Grantees who received advance funds shall expend all such funds or show substantial progress prior to requesting additional advanced funding by submitting an updated project timeline and budget for their eligible projects from the application and any supporting documentation.
(E) Project invoices may be submitted to the Department by the grantee on a quarterly basis or upon completion of a deliverable, subject to the Department’s approval. (F) The Department may consider advance payments or alternative arrangements to reimbursement and payment methods based on demonstrated need. The Department may consider factors such as available funds for eligible activities.

Suballocations to Jurisdictions must request funds in increments or a schedule for advance payments, and report progress according to an implementation and expenditure timetable.
(G) Supporting documentation may include, but is not limited to, purchase orders, receipts, progress payments, subcontractor invoices, timecards, reports, or any other documentation as deemed necessary by the Department to support the reimbursement to the grantee for expenditures incurred. (H) Invoices must be accompanied by supporting documentation where appropriate.

Invoices without supporting documentation will not be paid. The Department may withhold up to 10 percent of the grant until grant terms have been fulfilled, including all required reporting.

Section 504: Audits

(A) At any time during the term of the Standard Agreement, the Department may perform or cause to be performed a financial audit of any and all phases of the award. At the Department’s request, the grantee shall provide, at its own expense, a financial audit prepared by a certified public accountant. The State of California has the right to review project documents and conduct audits during project implementation and over the project life.
(B) The grantee agrees that the Department or the Department’s designee shall have the right to review, obtain, and copy all records and supporting documentation pertaining to performance of this Agreement.
(C) The grantee agrees to provide the Department, or the Department’s designee, with any relevant information requested.
(D) The grantee agrees to permit the Department or the Department’s designee access

Docusign Envelope ID: 85E6FE22-EEA5-4288-B735-33041E458843 22 to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees who might reasonably have information related to such records and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with statutes, REAP 2.0 Guidelines, and the Standard Agreement.
(E) The Department may request additional information, as needed, to meet other applicable audit requirements.
(F) The Department may monitor expenditures and activities of a grantee, as the Department deems necessary, to ensure compliance with REAP requirements. (G) Grantees using federal or state transportation planning funds administered through the Overall Work Program (OWP) shall clearly identify the source of funds. (H) If there are audit findings, the grantee must submit a detailed response acceptable to the Department for each audit finding within 90 days from the date of the audit finding report.
(I) The grantee agrees to maintain such records for possible audit after the final payment for at least five years after all funds have been expended or returned to the State unless a longer period of records retention is stipulated. Wherever practicable, such records should be collected, transmitted, and stored in open and machine-readable formats.
(J) If any litigation, claim, negotiation, audit, monitoring, inspection, or other action has been started before the expiration of the required record retention period, all records must be retained by the grantee, contractors, and sub-contractors until completion of the action and resolution of all issues which arise from it. In any contract that it enters into in an amount exceeding $10,000, the grantee shall include the Department’s right to audit the contractor’s records and interview their employees.
(K) The grantee shall comply with the caveats and be aware of the penalties for violations of fraud and for obstruction of investigation as set forth in California Public Contracts Code Section 10115.10.

Section 505: Remedies of Non-performance

(A) In the event that it is determined, at the sole discretion of the Department, that the grantee is not meeting the terms and conditions of the Standard Agreement, immediately upon receiving a written notice from the Department to stop work, the grantee shall cease all work under the Standard Agreement. The Department has the sole discretion to determine that the grantee meets the terms and conditions after a stop work order, and to deliver a written notice to the grantee to resume work under the Standard Agreement.
(B) The Department has the right to terminate the Standard Agreement at any time upon 30 days written notice. The notice shall specify the reason for early termination and may permit the grantee or the Department to rectify any deficiency(ies) prior to the early termination date. The grantee will submit any requested documents to the Department within 30 days of the early termination notice.
(C) The applicant must demonstrate a clear and significant nexus to REAP 2.0 Program goals and objectives, including, but not limited to, completion of activities toward Policy Outcomes and implementation of eligible use activities funded through a suballocation process. Any action inconsistent with REAP 2.0 Program

Docusign Envelope ID: 85E6FE22-EEA5-4288-B735-33041E458843 23 goals and objectives may result in review and could be subject to repayment of the grant.
(D) At any time, if the Department finds the grantee falsely proposed information in the application or as part of the application review, the Department may require the repayment of funds.
(E) Grantees are responsible for suballocations meeting all REAP 2.0 requirements. (F) The Department may, as it deems appropriate or necessary, require the repayment of funds from a grantee, or pursue any other remedies available to it by law for failure to comply with all REAP 2.0 Program requirements.

Section 506: Reporting
(A) At any time during the term of the Standard Agreement, the Department may request a performance report that demonstrates satisfaction of all requirements identified in the Standard Agreement with emphasis on eligible activities, eligible uses, and expenditures according to timelines and budgets referenced in the Standard Agreement.
(B) Grantees shall submit a report, in the form and manner prescribed by the Department, to be made publicly available on its website, by April 1 of the year following the receipt of those funds, and annually thereafter until those funds are expended, that contains the following information:

1. The status of the Proposed Uses and expenditures listed in the Eligible Entity’s application for funding and the corresponding impact, including, but not limited to:
i. Housing units accelerated,
ii. Reductions in Vehicle Miles Traveled Per Capita,
iii. Location of investment,
iv. Socioeconomic statistics about the impacted geography, and v. Regional impact explanation

2. All status and impact reports shall be categorized based on the eligible uses specified in Section 50515.08.
(C) Grantees shall post, make available, and update, as appropriate on its internet website, land use maps and Vehicle Miles Traveled generation maps produced in the development of its adopted SCS.
(D) Grantees shall collaborate and share progress, templates, and best practices with the Department and fellow recipients in implementation of funds. To the greatest extent practicable, adjacent Eligible Entities shall coordinate in the development of applications, consider potential for joint activities, and seek to coordinate Housing and transportation planning across regions.
(E) Upon completion of all deliverables within the Standard Agreement, the grantee shall submit a close out report in a manner and form prescribed by the Department.

1. Grantee may include a line item for advance payment or reimbursement, as part of its administrative costs, for its final report that is due by June 30, 2026.

Funding requests for final reports must be submitted no later than March 31, 2026.

Docusign Envelope ID: 85E6FE22-EEA5-4288-B735-33041E458843 24 Section 600: Right to Modify or Suspend Guidelines and Final Decision Making
(A) The Department reserves the right, at their sole discretion, to suspend, amend, or modify the provisions of these Guidelines at any time, including, without limitation, the amount of funds available hereunder. If such an action occurs, the Department will notify all interested parties and will post the revisions to the Department’s website. You may subscribe to the Department email listserv.

(B) The Department’s decision to approve or deny an application or request for funding pursuant to REAP 2.0, and its determination of the amount of funding to be provided or requested for repayment, or other remedies for failure to comply with REAP 2.0 requirements, shall be final.

Docusign Envelope ID: 85E6FE22-EEA5-4288-B735-33041E458843 25 Attachment 1: Statute
SEC. 15.

Chapter 3.15 (commencing with Section 50515.06) is added to Part 2 of Division 31 of the Health and Safety Code, to read:

CHAPTER 3.15. Regional Early Action Planning Grants Program of 2021 50515.06.

For purposes of this chapter:
(a) “Department” means the Department of Housing and Community Development. (b) “Program” means the Regional Early Action Planning Grants of 2021 established pursuant to this chapter.
(c) “Regional housing need assessment” means the existing and projected need for housing for each region, as determined by the department pursuant to Section 65584.01 of the Government Code.
(d) “Sustainable Communities Strategies” refers to the plan prepared by each metropolitan planning organization pursuant to paragraph (2) of subdivision (b) of Section 65080 of the Government Code.
(e) “Alternative Planning Strategy” refers to the document, if any, prepared by a metropolitan planning organization pursuant to paragraph (1) of subdivision (b) of Section 65080 of the Government Code.
(f)
(1) “Transformative planning and implementation activities” means housing, planning, infrastructure investments supporting infill housing, and other actions that enable meeting housing goals that also result in per capita vehicle miles traveled reductions, including accelerating infill development, supporting residents through realizing Multimodal Communities, shifting travel behavior through reducing driving, and increasing transit ridership.
(2) Transformative planning and implementation activities shall be in furtherance of all of the following:
(A) State planning priorities, as described in Section 65041.1 of the Government Code. (B) Affirmatively furthering fair housing pursuant to Section 8899.50 of the Government Code.
(C) Facilitating housing element compliance for the sixth cycle regional housing needs assessment pursuant to Section 65302 of the Government Code prepared in accordance with Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1 of Title 7 of the Government Code.
(D) A region’s sustainable community strategy, as described in paragraph (2) of subdivision (b) of Section 65080 of the Government Code, or alternative planning strategy, as described in paragraph (2) of subdivision (b) of Section 65080 of the Government Code, as applicable.
(g) “Eligible Entity” means any recipient of these funds either through direct allocation from the department or through a suballocation from a recipient. For the purposes of this chapter, an Eligible Entity can include a metropolitan planning organization (MPO), a single or multicounty council of governments (COG), a regional transportation planning agency (RTPA), a county, a city, a city and county, a transit agency or district, a county transportation agency, or a Tribal Entity.
(h) “Tribal Entity” means an entity formed by the duly constituted governing body of a California

Docusign Envelope ID: 85E6FE22-EEA5-4288-B735-33041E458843 26 Native American Tribe in Chapter 905 of the Statutes of 2004, as described in Section 21073 of the Public Resources Code.

50515.07.
(a)
(1) The Regional Early Action Planning Grants Program of 2021 is hereby established for the purpose of providing regions with funding, including grants, for transformative planning and implementation activities.
(2) Upon appropriation by the Legislature for this purpose, funds shall be distributed under the program in accordance with this chapter.
(b) The department, in collaboration with the Office of Planning and Research, the Strategic Growth Council, and the State Air Resources Board, shall develop and administer the program and, consistent with the requirements of this chapter, provide grants to eligible entities for implementing planning and implementation activities. The department shall seek input from the transportation and housing coordination workgroup established through Section 50407.5. (c) Distribution and expenditures of funds shall be made consistent with the state planning priorities, established pursuant to Section 65041.1 of the Government Code, and shall consider geographic equity among regions of the state.
(d) Of the total amount of any moneys appropriated for purposes of this chapter, the department shall set aside up to 5 percent for program administration, including state operations expenditures and technical assistance, as well as expenditures by recipients of funding pursuant to Sections 50515.08 and 50515.09.
50515.08.
(a) The funds described in paragraph (2) of subdivision (a) of Section 50515.07 shall be available only to the following entities before any suballocation:
(1) The Metropolitan Transportation Commission, representing the Counties of Alameda, Contra Costa, Marin, Napa, San Mateo, Santa Clara, Solano, and Sonoma, and the City and County of San Francisco.
(2) The Sacramento Area Council of Governments, representing the Counties of El Dorado, Placer, Sacramento, Sutter, Yolo, and Yuba.
(3) The San Diego Association of Governments, representing the County of San Diego. (4) The Southern California Association of Governments, representing the Counties of Imperial, Los Angeles, Orange, Riverside, San Bernardino, and Ventura. (5) The Association of Monterey Bay Area Governments, representing the counties of Monterey, San Benito and Santa Cruz.
(6) The San Luis Obispo Council of Governments, the Santa Barbara County Association of Governments, the Fresno Council of Governments, the Kern Council of Governments, the Kings County Association of Government, the Madera County Transportation Commission, the Merced County Association of Governments, the San Joaquin Council of Governments, the Stanislaus Council of Governments, the Tulare County Association of Governments, the Butte County Association of Governments, Shasta County Regional Transportation Agency, and the Tahoe Regional Planning Agency created by interstate compact and ratified by Title 7.4 (commencing with Section 66800) of the Government Code. Notwithstanding any other provision of this chapter, the eligible entities described in this paragraph may apply directly to the department for funds pursuant to the program. (7) Eligible entities in the Counties of Alpine, Amador, Calaveras, Colusa, Del Norte, Glenn, Humboldt, Inyo, Lake, Lassen, Mariposa, Mendocino, Modoc, Mono, Nevada, Plumas, Sierra, Siskiyou, Tehama, Tuolumne, and Trinity. Notwithstanding any other provision of this chapter, eligible entities within the counties listed in this paragraph or

Docusign Envelope ID: 85E6FE22-EEA5-4288-B735-33041E458843 27 Tribal Entities may apply directly to the department for funds pursuant to the program. The department may approve a fiscal agent to receive funds on behalf of a consortium of entities listed in this paragraph.
(b)
(1) The department shall calculate the amount of each maximum grant allocation in accordance with the methodology described in subdivision (a) of Section 50515.09. (2) An eligible entity shall, in consultation with the department and consistent with the requirements of this chapter, determine the appropriate use of funds and suballocations within its boundaries in a manner that appropriately addresses its unique housing, land use, transportation, climate change, equity and other planning priorities. (c)
(1) Subject to paragraph (5), until December 31, 2022, an eligible entity described in subdivision (a) may request an allocation of funds pursuant to this section by submitting an application, in the form and manner prescribed by the department, developed in collaboration with the Office of Planning and Research, the Strategic Growth Council, and the State Air Resources Board, that includes all of the following information:
(A) An allocation budget for the funds provided pursuant to this section. (B) The amounts retained by the eligible entity and any suballocations. (C) An explanation of how the Proposed Uses will meet the definition of transformative planning and implementation activities and, as applicable, constitute high -impact and innovative projects and actions.
(D) An explanation of how the Proposed Uses will implement and achieve housing goals that also result in per capita vehicle miles traveled reductions in furtherance of the region’s Sustainable Communities Strategies or alternative planning strategy, as applicable.
(E) The application shall reference one or more of the following categories of allowable uses of the funds:
(i) Accelerating infill development, including housing. (ii) Supporting residents through realizing Multimodal Communities. (iii) Shifting travel behavior through reducing driving. (iv) Increasing transit ridership.
(F) An explanation of the targeted outreach the MPO has conducted to disadvantaged and historically underserved communities and how that outreach was incorporated into the Proposed Uses.
(2) The department, in collaboration with the Office of Planning and Research, the Strategic Growth Council, and the State Air Resources Board, shall review an application submitted pursuant to this subdivision in an expeditious manner. Upon approval of an application for funds pursuant to this subdivision, the department shall award the moneys for which the eligible entity qualifies. (3) Commencing January 1, 2022, an eligible entity described in paragraphs (1) to (5) of subdivision (a), inclusive, as applicable, may request up to 10 percent of the funding available to it under this section in advance of a full request for funding made pursuant to paragraph (1) to develop and accelerate the implementation of the requirements described in paragraph (1), including, but not limited to, regional engagement in the development of the full application and of an education and outreach strategy. The department shall award funds requested pursuant to this paragraph to the relevant eligible entity in an expeditious manner after receiving that request. (4) The department may develop a streamlined application procedure that accounts for the limited resources generally among the regional entities listed in paragraph (6) of subdivision (a).

Docusign Envelope ID: 85E6FE22-EEA5-4288-B735-33041E458843 28 (5) If an amount of funds described in paragraph (2) of subdivision (a) of Section 50515.07 remains unallocated after December 31, 2022, the department, at its discretion, may make those funds available through a subsequent notice of funding availability in which funds are offered on a competitive basis pursuant to this chapter. An eligible entity described in subdivision (a) may request an allocation of funds made available through the subsequent notice of funding availability by submitting an application, in the form and manner prescribed by the department.
(d) In consultation with the department, any entity that receives an allocation of funds pursuant to this section shall establish priorities and use those moneys for eligible transformative planning and implementation activities that include, but are not limited to, all of the following:
(1) Providing jurisdictions and other local agencies with technical assistance, planning, temporary staffing, or consultant needs associated with updating local planning and zoning documents and other actions that accelerate infill housing production. (2) Administering any programs described in this subdivision. (3) Covering the costs of temporary staffing or consultant needs associated with the activities described in paragraphs (1) and (2), inclusive. (4) Accelerating infill development, including through all of the following:
(A) Rezoning and encouraging development by updating planning documents and zoning ordinances, including general plans, community plans, specific plans, Sustainable Communities Strategies, and local coastal programs. (B) Revamping local planning processes to accelerate infill housing production and other infill development.
(C) Completing environmental clearance to eliminate the need for project -specific review for infill development.
(D) Establishing and funding an affordable housing catalyst fund, trust fund, or revolving loan fund for location efficient projects.
(E) Performing infrastructure planning and investing in upgrading infrastructure, including for sewers, water systems, transit, roads, or other public facilities necessary to enable reduction in per capita vehicle miles traveled, including accelerating housing production.
(5) Supporting residents through realizing Multimodal Communities, including through all of the following:
(A) Establishing and implementing a vision-zero policy and program, a safety plan, and a slow streets program.
(B) Developing bicycle and pedestrian infrastructure plans and other multimodal plans or policies.
(C) Investing in infrastructure projects and other programs to expand active transportation and implement bicycle or pedestrian plans. (D) Producing multimodal corridor studies associated with developing specific planning documents or implementation actions.
(6) Shifting travel behavior through reducing driving, including through all of the following:
(A) Studying and implementing road pricing.
(B) Funding the establishment of a local vehicle miles traveled impact fee or regional vehicle miles traveled mitigation bank.
(C) Funding and implementing parking and transportation demand management programs or ordinances.
(D) Accelerating infill housing production near jobs, transit, and resources. (7) Increasing transit ridership, including through all of the following:
(A) Funding and implementing actions to establish more seamless regional transit systems between and across communities, including establishing common fares,

Docusign Envelope ID: 85E6FE22-EEA5-4288-B735-33041E458843 29 schedules, service design, and wayfinding.
(B) Developing and implementing multimodal access plans to and from transit facilities. (C) Planning for additional housing near transit.
(f)
(1) In consultation with the department, any entity that receives an allocation of funds pursuant to this section may suballocate moneys directly to eligible entities in the form of grants. Following awards to eligible entities, eligible entities shall award suballocations within 60 days.
(2) All suballocations pursuant to this subdivision shall consider geographic equity, including the needs of rural and urban communities, transformative and collaborative approaches, including through subregions, and the degree to which the suballocation will be in furtherance of all of the requirements of transformative planning and implementation activities described in paragraph (2) of subdivision (f) of Section 50515.06. 50515.09.
(a) Of the amount described in paragraph (2) of subdivision (a) of Section 50515.07, 85 percent shall be available to the entities described in paragraphs (1) to (5), inclusive, of subdivision (a) of Section 50515.08 for transformative planning and implementation activities.

The maximum amount that an entity may receive pursuant to this subdivision shall be determined as follows:

The maximum amount that an Eligible Entity may receive pursuant to this subdivision shall be based on the most recent Department of Finance P -2A County Population Projections as of July 1, 2021. Amounts shall be calculated based on aggregate 2030 projected population per each eligible applicant as a percentage of projected 2030 statewide population. (b) Of the amount described in paragraph (2) of subdivision (a) of Section 50515.07, 5 percent shall be available to the eligible entities described in paragraph (6) of subdivision (a) of Section 50515.08 for transformative planning and implementation activities. (c) Of the amount described in paragraph (2) of subdivision (a) of Section 50515.07, 5 percent shall be available as a competitive set aside available to all eligible entities for transformative planning and implementation activities that demonstrably exceed the requirements of this chapter and further multiple policy objectives. Scoring criteria for this competitive set aside will include, but are not limited to, the extent of acceleration of infill housing production and reduction of per capita vehicle miles traveled.
50515.10.
(a)
(1) Subject to paragraph (2), an Eligible Entity that receives an allocation of program funds pursuant to Section 50515.08 shall submit a report, in the form and manner prescribed by the department, to be made publicly available on its internet website, by April 1 of the year following the receipt of those funds, and annually thereafter until those funds are expended, that includes, but is not limited to, the following information:
(A) The status of the Proposed Uses and expenditures listed in the Eligible Entity’s application for funding and the corresponding impact, including, but not limited to, housing units accelerated and reductions in per capita vehicle miles traveled. (B) All status and impact reports shall be categorized based on the Eligible uses specified in Section 50515.08.
(2) The department may request additional information, as needed, to meet other applicable reporting or audit requirements.
(b) The department shall maintain records of the following and provide that information publicly on its internet website:

Docusign Envelope ID: 85E6FE22-EEA5-4288-B735-33041E458843 30 (1) The name of each applicant for program funds and the status of that entity’s application.
(2) The number of applications for program funding received by the department. (3) The information described in subdivision (a) for each recipient of program funds. (c) A recipient of funds under this program shall post, make available, and update, as appropriate on its internet website, land use maps and vehicle miles traveled generation maps produced in the development of its adopted Sustainable Communities Strategies. (d) A recipient of funds under this program shall collaborate and share progress, templates, and best practices with the department and fellow recipients in implementation of funds. To the greatest extent practicable, adjacent eligible entities shall coordinate in the development of applications, consider potential for joint activities, and seek to coordinate housing and transportation planning across regions.
(e)
(1) A recipient of funds under the program shall expend those funds no later than June 30, 2024.
(2) No later than June 30, 2025, each Eligible Entity that receives an allocation of funds pursuant to Section 50515.08 shall submit a final report on the use of those funds to the department, in the form and manner prescribed by the department. The report required by this paragraph shall include an evaluation of actions taken in support of the entity’s Proposed Uses of those funds, as specified in the entity’s application, including, but not limited to, housing units accelerated and per capita reductions in vehicle miles traveled. (f) The department may monitor expenditures and activities of an applicant, as the department deems necessary, to ensure compliance with program requirements. (g) The department may, as it deems appropriate or necessary, request the repayment of funds from an applicant, or pursue any other remedies available to it by law for failure to comply with program requirements.
(h) The department, in collaboration with the Office of Planning and Research, the Strategic Growth Council, and the State Air Resources Board, may implement the program through the issuance of forms, guidelines, application materials, funding allocation methodologies, and one or more notices of funding availability, as the department deems necessary, to exercise the powers and perform the duties conferred on it by this chapter. Any forms, guidelines, application materials, funding allocation methodologies, or notices of funding availability prepared or adopted pursuant to this section are exempt from the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).
(i) The department’s decision to approve or deny an application or request for funding pursuant to the program, and its determination of the amount of funding to be provided or request for repayment or other remedies for failure to comply with program requirements, shall be final.

AB 175
SEC. 8.

Section 50515.08 of the Health and Safety Code is amended to read:

50515.08.
(a) The funds described in paragraph (2) of subdivision (a) of Section 50515.07 shall be available only to the following entities before any suballocation:
(1) The Metropolitan Transportation Commission, representing the Counties of Alameda, Contra Costa, Marin, Napa, San Mateo, Santa Clara, Solano, and Sonoma, and the City and County of San Francisco.
(2) The Sacramento Area Council of Governments, representing the Counties of El

Docusign Envelope ID: 85E6FE22-EEA5-4288-B735-33041E458843 31 Dorado, Placer, Sacramento, Sutter, Yolo, and Yuba.
(3) The San Diego Association of Governments, representing the County of San Diego. (4) The Southern California Association of Governments, representing the Counties of Imperial, Los Angeles, Orange, Riverside, San Bernardino, and Ventura. (5) The Association of Monterey Bay Area Governments, representing the counties of Monterey, San Benito and Santa Cruz.
(6) The San Luis Obispo Council of Governments, the Santa Barbara County Association of Governments, the Fresno Council of Governments, the Kern Council of Governments, the Kings County Association of Government, the Madera County Transportation Commission, the Merced County Association of Governments, the San Joaquin Council of Governments, the Stanislaus Council of Governments, the Tulare County Association of Governments, the Butte County Association of Governments, Shasta County Regional Transportation Agency, and the Tahoe Regional Planning Agency created by interstate compact and ratified by Title 7.4 (commencing with Section 66800) of the Government Code. Notwithstanding any other provision of this chapter, the eligible entities described in this paragraph may apply directly to the department for funds pursuant to the program. (7) Eligible entities in the Counties of Alpine, Amador, Calaveras, Colusa, Del Norte, Glenn, Humboldt, Inyo, Lake, Lassen, Mariposa, Mendocino, Modoc, Mono, Nevada, Plumas, Sierra, Siskiyou, Tehama, Tuolumne, and Trinity. Notwithstanding any other provision of this chapter, eligible entities within the counties listed in this paragraph or tribal entities may apply directly to the department for funds pursuant to the program. The department may approve a fiscal agent to receive funds on behalf of a consortium of entities listed in this paragraph.
(b)
(1) The department shall calculate the amount of each maximum grant allocation in accordance with the methodology described in subdivision (a) of Section 50515.09. (2) An Eligible Entity shall, in consultation with the department and consistent with the requirements of this chapter, determine the appropriate use of funds and suballocations within its boundaries in a manner that appropriately addresses its unique housing, land use, transportation, climate change, equity and other planning priorities. (c)
(1) Subject to paragraph (5), until December 31, 2022, an Eligible Entity described in subdivision (a) may request an allocation of funds pursuant to this section by submitting an application, in the form and manner prescribed by the department, developed in collaboration with the Office of Planning and Research, the Strategic Growth Council, and the State Air Resources Board, that includes all of the following information:
(A) An allocation budget for the funds provided pursuant to this section. (B) The amounts retained by the Eligible Entity and any suballocations. (C) An explanation of how the Proposed Uses will meet the definition of transformative planning and implementation activities and, as applicable, constitute high -impact and innovative projects and actions.
(D) An explanation of how the Proposed Uses will implement and achieve housing goals that also result in per capita vehicle miles traveled reductions in furtherance of the region’s Sustainable Communities Strategies or alternative planning strategy, as applicable.
(E) The application shall reference one or more of the following categories of allowable uses of the funds:
(i) Accelerating infill development, including housing. (ii) Supporting residents through realizing Multimodal Communities.

Docusign Envelope ID: 85E6FE22-EEA5-4288-B735-33041E458843 32 (iii) Shifting travel behavior through reducing driving.

Docusign Envelope ID: 85E6FE22-EEA5-4288-B735-33041E458843 33 (iv) Increasing transit ridership.
(F) An explanation of the targeted outreach the MPO has conducted to disadvantaged and historically underserved communities and how that outreach was incorporated into the Proposed Uses.
(G) An explanation of how Proposed Uses will advance equity by benefiting disadvantaged and historically underserved communities. (2) The department, in collaboration with the Office of Planning and Research, the Strategic Growth Council, and the State Air Resources Board, shall review an application submitted pursuant to this subdivision in an expeditious manner. Upon approval of an application for funds pursuant to this subdivision, the department shall award the moneys for which the Eligible Entity qualifies. (3) Commencing January 1, 2022, an Eligible Entity described in paragraphs (1) to (5) (6), inclusive, of subdivision (a), inclusive, as applicable, may request up to 10 percent of the funding available to it under this section in advance of a full request for funding made pursuant to paragraph (1) to develop and accelerate the implementation of the requirements described in paragraph (1), including, but not limited to, regional engagement in the development of the full application and of an education and outreach strategy. The department shall award funds requested pursuant to this paragraph to the relevant Eligible Entity in an expeditious manner after receiving that request.
(4) The department may develop a streamlined application procedure that accounts for the limited resources generally among the regional entities listed in paragraph (6) (7) of subdivision (a).
(5) If an amount of funds described in paragraph (2) of subdivision (a) of Section 50515.07 remains unallocated after December 31, 2022, the department, at its discretion, may make those funds available through a subsequent notice of funding availability in which funds are offered on a competitive basis pursuant to this chapter. An Eligible Entity described in subdivision (a) may request an allocation of funds made available through the subsequent notice of funding availability by submitting an application, in the form and manner prescribed by the department.
(d) In consultation with the department, any entity that receives an allocation of funds pursuant to this section shall establish priorities and use those moneys for eligible transformative planning and implementation activities that include, but are not limited to, all of the following:
(1) Providing jurisdictions and other local agencies with technical assistance, planning, temporary staffing, or consultant needs associated with updating local planning and zoning documents and other actions that accelerate infill housing production. (2) Administering any programs described in this subdivision. (3) Covering the costs of temporary staffing or consultant needs associated with the activities described in paragraphs (1) and (2), inclusive. (4) Accelerating infill development, including through all of the following:
(A) Rezoning and encouraging development by updating planning documents and zoning ordinances, including general plans, community plans, specific plans, Sustainable Communities Strategies, and local coastal programs. (B) Revamping local planning processes to accelerate infill housing production and other infill development.
(C) Completing environmental clearance to eliminate the need for project -specific review for infill development.
(D) Establishing and funding an affordable housing catalyst fund, trust fund, or revolving loan fund for location efficient projects.
(E) Performing infrastructure planning and investing in upgrading infrastructure,

Docusign Envelope ID: 85E6FE22-EEA5-4288-B735-33041E458843 34 including for sewers, water systems, transit, roads, or other public facilities necessary

Docusign Envelope ID: 85E6FE22-EEA5-4288-B735-33041E458843 35 to enable reduction in per capita vehicle miles traveled, including accelerating housing production.
(5) Supporting residents through realizing Multimodal Communities, including through all of the following:
(A) Establishing and implementing a vision-zero policy and program, a safety plan, and a slow streets program.
(B) Developing bicycle and pedestrian infrastructure plans and other multimodal plans or policies.
(C) Investing in infrastructure projects and other programs to expand active transportation and implement bicycle or pedestrian plans. (D) Producing multimodal corridor studies associated with developing specific planning documents or implementation actions.
(6) Shifting travel behavior through reducing driving, including through all of the following:
(A) Studying and implementing road pricing.
(B) Funding the establishment of a local vehicle miles traveled impact fee or regional vehicle miles traveled mitigation bank.
(C) Funding and implementing parking and transportation demand management programs or ordinances.
(D) Accelerating infill housing production near jobs, transit, and resources. (7) Increasing transit ridership, including through all of the following:
(A) Funding and implementing actions to establish more seamless regional transit systems between and across communities, including establishing common fares, schedules, service design, and wayfinding.
(B) Developing and implementing multimodal access plans to and from transit facilities. (C) Planning for additional housing near transit.
(f)
(1) In consultation with the department, any entity that receives an allocation of funds pursuant to this section may suballocate moneys directly to eligible entities in the form of grants. Following awards to eligible entities, eligible entities shall award suballocations within 60 days.
(2) All suballocations pursuant to this subdivision shall consider geographic equity, including the needs of rural and urban communities, transformative and collaborative approaches, including through subregions, and the degree to which the suballocation will be in furtherance of all of the requirements of transformative planning and implementation activities described in paragraph (2) of subdivision (f) of Section 50515.06.

SEC. 9.

Section 50515.09 of the Health and Safety Code is amended to read:

50515.09.
(a) Of the amount described in paragraph (2) of subdivision (a) of Section 50515.07, 85 percent shall be available to the entities described in paragraphs (1) to (5), (6), inclusive, of subdivision (a) of Section 50515.08 for transformative planning and implementation activities.

The maximum amount that an entity may receive pursuant to this subdivision shall be determined as follows:

The maximum amount that an Eligible Entity may receive pursuant to this subdivision shall be based on the most recent Department of Finance P -2A County Population Projections as of July 1, 2021. Amounts shall be calculated based on aggregate 2030 projected population per each eligible applicant as a percentage of projected 2030 statewide population. (b) Of the amount described in paragraph (2) of subdivision (a) of Section 50515.07, 5 percent

Docusign Envelope ID: 85E6FE22-EEA5-4288-B735-33041E458843 36 shall be available to the eligible entities described in paragraph (6) (7) of subdivision (a) of Section 50515.08 for transformative planning and implementation activities. (c) Of the amount described in paragraph (2) of subdivision (a) of Section 50515.07, 5 percent shall be available as a competitive set aside available to all eligible entities for transformative planning and implementation activities that demonstrably exceed the requirements of this chapter and further multiple policy objectives. Scoring criteria for this competitive set aside will include, but are not limited to, the extent of acceleration of infill housing production and reduction of per capita vehicle miles traveled.

SEC. 10. Section 50515.10 of the Health and Safety Code is amended to read:
50515.10.
(a)
(1) Subject to paragraph (2), an Eligible Entity that receives an allocation of program funds pursuant to Section 50515.08 shall submit a report, in the form and manner prescribed by the department, to be made publicly available on its internet website, by April 1 of the year following the receipt of those funds, and annually thereafter until those funds are expended, that includes, but is not limited to, the following information:
(A) The status of the Proposed Uses and expenditures listed in the Eligible Entity’s application for funding and the corresponding impact, including, but not limited to, housing units accelerated and reductions in per capita vehicle miles traveled. (B) All status and impact reports shall be categorized based on the Eligible uses specified in Section 50515.08.
(2) The department may request additional information, as needed, to meet other applicable reporting or audit requirements.
(b) The department shall maintain records of the following and provide that information publicly on its internet website:
(1) The name of each applicant for program funds and the status of that entity’s application.
(2) The number of applications for program funding received by the department. (3) The information described in subdivision (a) for each recipient of program funds. (c) A recipient of funds under this program shall post, make available, and update, as appropriate on its internet website, land use maps and vehicle miles traveled generation maps produced in the development of its adopted Sustainable Communities Strategies. (d) A recipient of funds under this program shall collaborate and share progress, templates, and best practices with the department and fellow recipients in implementation of funds. To the greatest extent practicable, adjacent eligible entities shall coordinate in the development of applications, consider potential for joint activities, and seek to coordinate housing and transportation planning across regions.
(e)
(1) A recipient of funds under the program shall obligate those funds no later than June 30, 2024, and expend those funds no later than June 30, 2024. 2026. (2) No later than June 30, 2025, 2026, each Eligible Entity that receives an allocation of funds pursuant to Section 50515.08 shall submit a final report on the use of those funds to the department, in the form and manner prescribed by the department. The report required by this paragraph shall include an evaluation of actions taken in support of the entity’s Proposed Uses of those funds, as specified in the entity’s application, including, but not limited to, housing units accelerated and per capita reductions in vehicle miles traveled.
(f) The department may monitor expenditures and activities of an applicant, as the department

Docusign Envelope ID: 85E6FE22-EEA5-4288-B735-33041E458843 37 deems necessary, to ensure compliance with program requirements. (g) The department may, as it deems appropriate or necessary, request the repayment of funds from an applicant, or pursue any other remedies available to it by law for failure to comply with program requirements.
(h) The department, in collaboration with the Office of Planning and Research, the Strategic Growth Council, and the State Air Resources Board, may implement the program through the issuance of forms, guidelines, application materials, funding allocation methodologies, and one or more notices of funding availability, as the department deems necessary, to exercise the powers and perform the duties conferred on it by this chapter. Any forms, guidelines, application materials, funding allocation methodologies, or notices of funding availability prepared or adopted pursuant to this section are exempt from the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).
(i) The department’s decision to approve or deny an application or request for funding pursuant to the program, and its determination of the amount of funding to be provided or request for repayment or other remedies for failure to comply with program requirements, shall be final.

Docusign Envelope ID: 85E6FE22-EEA5-4288-B735-33041E458843 38 Attachment 2: Definitions
All terms not defined below shall, unless their context suggests otherwise, be interpreted in accordance with the meanings of terms described in Chapter 3.15 of Health and Safety Code sections 50515.06 to 50515.10.

1. “Accelerating Infill Housing Production” or “Accelerating Infill Development, Including Housing” means planning, infrastructure, and other investment and actions that improve the affordability, timing, cost, feasibility, approval, and amount of Housing development.

2. “Affirmatively Furthering Fair Housing”, pursuant to Government Code section 8899.50 means taking meaningful actions, in addition to combating discrimination, that overcome patterns of segregation and foster inclusive communities free from barriers that restrict access to opportunity based on protected characteristics. Specifically, Affirmatively Furthering Fair Housing means taking meaningful actions that, taken together, address significant disparities in Housing needs and in access to opportunity, replacing segregated living patterns with truly integrated and balanced living patterns, transforming racially and ethnically concentrated areas of poverty into areas of opportunity, and fostering and maintaining compliance with Civil Rights and Fair Housing Laws.

3. “Affordable Housing” means Housing that is affordable (generally 30 percent of gross income) to Lower- and Moderate-Income Households.

4. “Alternative Planning Strategy” refers to the document, if any, prepared by a metropolitan planning organization pursuant to paragraph (1) of subdivision (b) of Section 65080 of the Government Code.

5. “Areas of High Segregation and Poverty” means areas that meet consistent standards for both poverty (30 percent of the population below the federal poverty line) and racial segregation (overrepresentation of people of color relative to the county).

6. “Council of Governments” or “COG” means a single or multicounty council created by a joint powers agreement pursuant to Chapter 5 (commencing with section 6500) of Division 7 of Title 1 of the Government Code that is responsible for allocating regional Housing needs pursuant to sections 65584,65584.04, and 65584.05 of the Government Code.

7. “Department” means the California Department of Housing and Community Development.

8. “Disadvantaged and Historically Underserved Communities” includes concentrated areas of poverty; Areas of High Segregation and Poverty and areas of low to moderate access to opportunity (TCAC/HCD Opportunity Area Maps); Communities of Concern, Disadvantaged Communities (SB 535 Disadvantaged Communities Map), and Low- Income Communities pursuant to Senate Bill 535 (De León, Chapter 830, Statutes of 2012) and Assembly Bill 1550 (Gomez, Chapter 369, Statutes of 2016); areas of high Housing cost burdens; areas with high vulnerability of displacement; areas related to Tribal Entities; and other areas experiencing disproportionate impacts of California’s

Docusign Envelope ID: 85E6FE22-EEA5-4288-B735-33041E458843 39 Housing and climate crisis. Applicants may propose alternative definitions to Disadvantaged and Historically Underserved Communities in consultation with the Department and the State Collaborative Partners.

9. “Eligible Entity” means any entity that is eligible to be a recipient of these funds either through direct allocation from the Department or through a suballocation from a recipient.

For the purposes of this chapter, an Eligible Entity can include a metropolitan planning organization (MPO), a single or multicounty Council of Governments (COG), a regional transportation planning agency (RTPA), a county, a city, a city and county, a transit agency or district, a county transportation agency, or a Tribal Entity.

10. “Higher Resource Communities or Areas” means those areas designated as “highest resource” and “high resource” as defined by the most recent TCAC/HCD Opportunity Maps.

11. “Housing” means any development that includes a house, an apartment, a mobilehome, manufactured home, or trailer, a group of rooms, or a single room that is occupied as separate living quarters, or, if vacant, is intended for occupancy as separate living quarters. Separate living quarters are those in which the occupants live separately from any other individuals in the building, and which have a direct access from the outside of the building or through a common hall.

Note: accessory dwelling units (ADU) and junior accessory dwelling units (JADU) pursuant to Government Code sections 65852.2 and 65852.22 meet the definition above.

12. “Housing Element” means the Housing Element of a community’s General Plan, as required pursuant to subdivision (c) of section 65302 of the Government Code and prepared in accordance with Article 10.6 (commencing with section 65580) of Chapter 3 of Division 1 of Title 7 of the Government Code.

13. “Housing Trust Fund” means a Local or Regional Housing Trust Fund that is required to be a public, joint public and private, or charitable nonprofit organization organized under Section 501(c)(3) of the Internal Revenue Code, which was established by legislation, ordinance, resolution (including nonprofit articles of incorporation), or a public-private partnership organized to receive specific public, or public and private, revenue to address local or regional Housing needs.

14. “Infill”, for the purposes of the REAP 2.0 Program, means areas where all the following apply: (1) the area consists of unused or underutilized lands (2) within existing development patterns (3) that is or will be accessible to destinations and daily services by transit, walking, or bicycling and located in either:
a. An urban center, urban corridor, or area with transit-supportive densities, or b. An established community that meets all the following criteria:
i. The area consists or previously consisted of qualified urban uses ii. The area is predominantly surrounded (approximately 75 percent of the perimeter) by parcels that are developed or previously developed with qualified urban uses. In counting this, perimeters bordering navigable bodies of water and improved parks shall not be included, and iii. No parcel within or adjoining the area is classified as agricultural or natural

Docusign Envelope ID: 85E6FE22-EEA5-4288-B735-33041E458843 40 and working lands.
c. Under unique circumstances, applicants may propose an alternative definition of “Infill” subject to approval by the Department and State Collaborative Partners.

15. “Jurisdiction” means:
a. any city, including a charter city,
b. county, including a charter county, or
c. city and county, including a charter city and county.

16. “Lower-income Household” means individual households with either 1) household incomes at or below 80 percent of the statewide median income, or 2) household incomes at or below the threshold designated as low-income by Department of Housing and Community Development’s State Income Limits adopted pursuant to Health and Safety Code Section 50093.

17. “Moderate-income Households” means either 1) household incomes between 80 and 120 percent of the statewide median income, or 2) household incomes at or below the threshold designated as moderate-income by Department of Housing and Community Development’s State Income Limits adopted pursuant to Health and Safety Code Section 50093.

18. “Moderate Resource Communities or Areas” means those geographic areas designated as “Moderate Resource” as defined by the most recent TCAC/HCD Opportunity Maps.

19. “Multimodal Communities” are those which are served by a variety of travel options that accommodate a variety of transportation modes for the public to access daily destinations. Multimodal options can include, but are not limited to, complete street improvements for active transportation, improving access to transit, and creating high- quality transit (CEQA) stops.

20. “Policy Outcomes” means measures that are a direct result of and demonstrate efficacy of the REAP 2.0 Program.

21. “Program” means the Regional Early Action Planning Grants of 2021 established pursuant to this chapter.

22. “Proposed Use” means an eligible use, combination of eligible uses, or a combination of eligible uses with non-REAP 2.0 planning or implementation efforts that demonstrate a reasonable relationship to each other. It does not mean subcomponent, task, or sub-task of an eligible use.

23. “Regional Housing Needs Assessment” means the existing and projected need for Housing for each region, as determined by the Department pursuant to Section 65584.01 of the Government Code.”

24. “State Collaborative Partners” means the California Air Resources Board (CARB), Governor’s Office of Planning and Research, and California Strategic Growth Council.

25. “State Planning Priorities” means priorities that are intended to promote Infill development and equity, protect environmental and agricultural resources, and

Docusign Envelope ID: 85E6FE22-EEA5-4288-B735-33041E458843 41 encourage efficient development patterns outside of Infill areas pursuant to Government Code section 65041.1.

26. “Sustainable Communities Strategies” refers to the plan prepared by each MPO pursuant to paragraph (2) of subdivision (b) of Section 65080 of the Government Code.

27. “Streamlined Housing Production” means improving the entitlement process through actions such as removing, mitigating, or minimizing local regulatory requirements, reforming the local approval process to reduce processing times, reducing the number of local discretionary approvals and permits needed for projects, improving approval certainty, establishing non-discretionary processes, modifying development standards such as reducing parking requirements, and increasing height limits or other efforts such as taking the fullest advantage of existing streamlining mechanisms provided in state law.

28. “Transformative Planning and Implementation Activities” means Housing, planning, infrastructure investments supporting Infill development that facilitates Housing supply, choice and affordability, and other actions that enable meeting Housing goals that also result in Per Capita vehicle miles traveled reductions, including accelerating Infill development, supporting residents through realizing Multimodal Communities, shifting travel behavior through reducing driving, and increasing transit ridership. Transformative Planning and Implementation Activities are meant to address these goals together and to lead to changes in land use patterns and behaviors. Transformative Planning and Implementation Activities shall be in furtherance of all of the following:
a. State Planning Priorities, as described in Section 65041.1 of the Government Code. b. Affirmatively Furthering Fair Housing pursuant to Section 8899.50 of the Government Code.
c. Facilitating Housing Element compliance for the sixth cycle Regional Housing Needs Assessment pursuant to Section 65302 of the Government Code prepared in accordance with Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1 of Title 7 of the Government Code.
d. A region’s Sustainable Community Strategy, as described in paragraph (2) of subdivision (b) of Section 65080 of the Government Code, or Alternative Planning Strategy, as described in paragraph (2) of subdivision (b) of Section 65080 of the Government Code, as applicable.

29. “Tribal Entity” means an entity that meets at least one of the following definitions:
a. An entity formed by the duly constituted governing body of a California Native American Tribe in Chapter 905 of the Statutes of 2004, which means a Native American tribe located in California that is on the contact list maintained by the Native American Heritage Commission, as described in Section 21073 of the Public Resources Code.
b. A Tribally Designated Housing Entity as defined in Section 4103(22) of Title 25 of the United States Code and Section 50104.6.5,
c. An Indian Tribe as defined in Section 4103(13)(B) of Title 25 of the United States Code and Section 50104.6.5.

30. “Vehicle Miles Traveled” means a metric to evaluate the total miles of vehicles traveling on a roadway over a period of time.

Docusign Envelope ID: 85E6FE22-EEA5-4288-B735-33041E458843 42 31. “Vehicle Miles Traveled Per Capita” or “Per Capita Vehicle Miles Traveled” means the number of Vehicle Miles Traveled, per person.

Docusign Envelope ID: 85E6FE22-EEA5-4288-B735-33041E458843 43 Attachment 3: Award Amounts by Eligible Applicant
REAP 2.0 MPO/COG Formula-Based Maximum Allocation Amounts The REAP 2.0 Program makes available 85 percent of funds ($510,000,000) to MPOs and COGs through the “Formula Allocations to MPOs and COGs” funding stream. Maximum award amounts are based on California Department of Finance 2030 Population Projections.

Applicant Max. award amount
Association of Monterey Bay Area Governments $ 10,133,742.41 Butte County Association of Governments $ 2,944,762.37
Fresno Council of Governments $ 13,633,148.06
Kern Council of Governments $ 12,670,717.96
Kings County Association of Governments $ 2,060,590.24
Madera County Transportation Commission $ 2,213,724.74
Merced County Association of Governments $ 3,912,152.75 Metropolitan Transportation Commission $ 102,842,103.03 Sacramento Area Council of Governments $ 33,727,893.48
San Diego Association of Governments $ 43,037,322.72
San Joaquin Council of Governments $ 10,612,514.62
San Luis Obispo Council of Governments $ 3,539,684.58
Santa Barbara County Association of
Governments
$ 5,839,412.28
Shasta Regional Transportation Agency $ 2,243,909.07
Stanislaus Council of Governments $ 7,535,242.05
Southern California Association of Governments $ 246,024,084.00 Tahoe Regional Planning Agency $ 604,134.15
Tulare County Association of Governments $ 6,424,861.49

Docusign Envelope ID: 85E6FE22-EEA5-4288-B735-33041E458843 44 Attachment 4: Applying Units of Measurement
Applicants must provide sufficient evidence that demonstrates a nexus between a Proposed Use and meeting all REAP 2.0 goals and objectives. This table is meant to illustrate one example of how applicants might demonstrate this nexus and measure Policy Outcomes.

Step 1: Meet all REAP 2.0 Program Threshold Requirements Step 2:

Achieving All
Program
Objectives
Locational
Considerations
or Applicable
Populations
Measurable Outcomes
The Proposed Use can be
measured by, but is not limited to:

A Sample of Potential Uses

Accelerating
Infill
development
that facilitates
Housing
supply, choice,
and
affordability

- Infill areas (see
Attachment 2)

- Number of Housing units (total, type,
affordable, and per acre),
- Capital investments to support Housing
development,
- Mix of Housing unit types or sizes,
- Increasing land use intensities,
- Count of sites developable for future
Housing, and/or
- Number of new Housing units supported
or provided by the Proposed Use
- Affordable Housing development
programs
- Planning activities that lead to
increased residential and/or
mixed-use zoned capacity in
areas identified as infill
- Program-level environmental
clearance
- Upgrading infrastructure for
sewer, water, and dry utility
systems

Affirmatively
Furthering Fair
Housing
(AFFH)

-Higher Resource
Communities or
Areas (see
Attachment 2)

- Number of new Affordable Housing units,
- Number of existing Housing units
continued to be made available and
affordable,
- Zoning, Streamlined Housing Production
(including permit streamlining), fees,
incentives, and other approaches to
increase Housing choices and affordability,
- Increase accessible number of units
above state law, and/or
- Increase in rate of Housing Choice
Voucher usage in high opportunity census
tracts

- Housing mobility strategies,
- Affordable Housing unit
production,
- Accessible Housing unit
production,
- Reductions to barriers to higher
density Housing, buildings with 4
or more units, and accessibility,
- Outreach strategies to address
local opposition to Proposed Use

Docusign Envelope ID: 85E6FE22-EEA5-4288-B735-33041E458843 45 - Disadvantaged
and Historically
Underserved
Communities
(see Attachment
2)

- Number of new Affordable Housing units,
- Number of existing Housing units
continued to be made available and
affordable,
- Zoning, Streamlined Housing Production
(including permit streamlining), fees,
incentives, and other approaches to
increase Housing choices and affordability,
- Increase accessible number of units
above state law
- New or enhanced public services and
community assets such as parks, schools,
social service programs, active
transportation, infrastructure, and other
community amenities, and/or
- Increased access to public services,
- Housing-supportive infrastructure services
in areas of concentrated poverty or similar
areas

- Affordable Housing preservation,
- Anti-displacement protections,
- Expanded Housing options,
- Housing-supportive
infrastructure

Reducing
Vehicle Miles
Traveled

- Infill areas (see
Attachment 2)
- Estimate for VMT reduced Per Capita
- Number of distinct land uses within the
site,
- Number of distinct land uses around the
site,
- Number of surrounding connections,
- Mix of Housing unit types or sizes,
- New or enhanced transit services,
- Increased transit frequencies and/or
ridership,
- New pedestrian or bicycle pathways,
and/or
- Limited off-street parking
Land use planning, policies, or
investment strategies that result in
increasing:
- Population and employment
densities,
- Land use mix,
- Street network connectivity,
- Linkages and pathways with active
transportation infrastructure,
- Accessibility between destinations,
and/or
- Contiguousness of land uses and
transportation networks
Transportation planning, policies, and
investment strategies:
- Increased transit services and
access,
- Building at walkable community
scales,
- Enhanced pedestrian and bicycling
safety measures,
- Protected pedestrian and bicycling
amenities, and/or
- Multimodal infrastructure
connections with multimodal-mobility
transportation systems.

Appendix F Final Environmental Analysis (ca.gov)

Staff Report
Date: August 26, 2025
To: City Council
From: Valerie J. Barone, City Manager
Prepared by: Joelle Fockler, MMC, City Clerk
[email protected]
(925) 671-3390
Subject: Considering designation of Vice Mayor Nakamura as the Voting Delegate and Councilmember Aliano as the Voting
Delegate Alternate at the League of California Cities Annual Conference and Expo on October 8-10, 2025.

Report in Brief
Consider the appointment of Vice Mayor Nakamura as the Voting Delegate and Councilmember Aliano as the Voting Delegate Alternate at the League of California Cities Annual Conference and Expo to be held October 8-10, 2025, in Long Beach, California.

Recommended Action
Appoint Vice Mayor Nakamura as the Voting Delegate and Councilmember Aliano as the Voting Delegate Alternate at the League of California Cities Annual Conference and Expo to be held October 8-10, 2025, in Long Beach, California.

Background
Consistent with the League of California Cities bylaws, a city’s voting delegate and up to two alternates may be designated by the city council. Designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor. Vice Mayor Nakamura is the only councilmember attending the League conference this year.

The voting delegate and alternate must be registered to attend the conference. They need not register for the entire conference; they can register for Friday only. To cast the city’s vote, a city official must have in his or her possession the city’s voting card and be

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City Council Agenda Report
Agenda Item No. 4.c
August 26, 2025
registered with the Credentials Committee. The voting card may be transferred freely between the voting delegate and alternate but may not be transferred to another city official who is neither a voting delegate nor alternate.

The City Clerk must return the Voting Delegate Form to the League office by Wednesday, September 24, 2025.

Public Contact
The City Council Agenda was posted.

Attachment

1. Annual Conference Voting Procedures

1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org DATE: Wednesday, July 16, 2025
TO: Mayors
, Council Members, City Clerks, and City Managers
RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES
League of California Cities Annual Conference
and Expo, Oct. 8-10, 2025
Long Beach Convention Center
Every year, the League of California Cities
convenes a member-driven General Assembly
at the
Cal Cities Annual Conference and Expo. The General Assembly is an important opportunity where city officials can directly participate in the development of Cal Cities policy.

Taking place on
Oct. 10, the General Assembly is comprised of voting delegates appointed by each member city; every city has one voting delegate. Your appointed voting delegate plays an important role during the General Assembly by representing your city and voting on resolutions.

To cast a vote during
the General Assembly, your city must designate a voting delegate and up to two alternate voting delegates, one of whom may vote if the designated voting delegate is unable to serve in that capacity. Voting delegates may either be an elected or appointed official.

Action by Council Required. Consistent with Cal Cities bylaws, a city’s voting delegate and up to two alternates must be designated by the city council. Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone.

Following council action, please submit your
city’s delegates through the online
submission portal by Wed., Sept. 24. When completing the Voting Delegate submission form, you will be asked to attest that council action was taken. You will need to be signed in to your My Cal Cities account when submitting the form.

Submitting your voting delegate form by the deadline will allow us time to establish voting delegate/alternate records prior to the conference and provide pre -conference
communications with voting delegates.

Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. Conference registration is open on the Cal Cities
website.

Council Action Advised by September 24, 2025
Attachment 1

For a city to cast a vote, one voter must be present at the General Assembly and in possession of the voting delegate card and voting tool. Voting delegates and alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the voting delegate desk. This will enable them to receive the special sticker on their name badges that will admit the voting delegate into the voting area during the General Assembly.

Please view Cal Cities’
event and meeting policy in advance of the conference.

Transferring Voting Card to Non-Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the General Assembly, they may not transfer the voting card to another city official.

Seating Protocol during General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.

The voting delegate desk, located in the conference registration area of the Long Beach Convention Center in Long Beach, will be open at the following times: Wednesday, Oct. 16, 8:00 a.m.-6:00 p.m. and Thursday, Oct. 17, 7:30 a.m.-4:00 p.m. On Friday, Oct. 18, the voting delegate desk will be open at the General Assembly, starting at 7:30 a.m., but will be closed during roll calls and voting.

The voting procedures that will be used at the conference are attached to this memo.

Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city’s voting delegate and alternates.

Once again, thank you for submitting your voting delegate and alternates by Wednesday, Sept. 24. If you have questions, please contact Zach Seals at [email protected].

Attachments:
• General Assembly Voting Guidelines
• Information Sheet: Cal Cities Resolutions and the General Assembly

1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org

General Assembly Voting Guidelines

1. One City One Vote. Each member city has a right to cast one vote on matters pertaining to Cal Cities policy.

2. Designating a City Voting Representative. Prior to the Cal Cities Annual Conference and Expo, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the voting delegate form provided to the Cal Cities Credentials Committee.

3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the voting delegate desk in the conference registration area. Voting delegates and alternates must sign in at the voting delegate desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the General Assembly.

4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city’s voting card by providing a signature to the credentials committee at the voting delegate desk, may sign petitions to initiate a resolution.

5. Voting. To cast the city's vote, a city official must have in their possession the city's voting card and voting tool; and be registered with the credentials committee. The voting card may be transferred freely between the voting delegate and alternates but may not be transferred to another city official who is neither a voting delegate nor alternate.

6. Voting Area at General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.

7. Resolving Disputes. In case of dispute, the credentials committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the General Assembly.

Sixty days before the
Annual Conference
and Expo, Cal Cities
members may submit
policy proposals on
issues of importance
to cities. The resolution must
have the concurrence of at least
five additional member cities or
individual members.

How it works: Cal Cities
Resolutions and the General Assembly
General Assembly
General Resolutions Policy Committees
Developing League of California Cities policy is a dynamic process that engages a wide range of members to ensure Cal Cities represents cities with one voice. These policies directly guide Cal Cities’ advocacy to promote local decision-making, and lobby against statewide policies that erode local control.

The resolutions process and General Assembly is one way that city officials can directly participate in the development of Cal Cities policy. If a resolution is approved at the General Assembly, it becomes official Cal Cities policy. Here’s how resolutions and the General Assembly work.

The petitioned
resolution is an
alternate method
to introduce policy
proposals during
the annual conference. The
petition must be signed by
voting delegates from 10% of
member cities, and submitted to
the Cal Cities President at least
24 hours before the beginning
of the General Assembly.

Petitioned Resolutions
The Cal Cities
President assigns
general resolutions
to policy committees
where members
review, debate, and recommend
positions for each policy proposal.

Recommendations are forwarded
to the Resolutions Committee.

Who’s who
The Resolutions Committee
includes representatives
from each Cal Cities
diversity caucus, regional
division, municipal
department, and policy
committee, as well as
individuals appointed by
the Cal Cities president.

Voting delegates
are appointed by each
member city; every city
has one voting delegate.

The General Assembly is a
meeting of the collective
body of all voting
delegates —one from
every member city.

Seven policy committees
meet throughout the year
to review and recommend
positions to take on bills
and regulatory proposals.

Policy committees include
members from each Cal
Cities diversity caucus,
regional division, and
municipal department,
as well as individuals
appointed by the Cal
Cities president.

During the General Assembly, voting delegates
debate and consider general and petitioned
resolutions forwarded by the Resolutions
Committee. Potential Cal Cities bylaws
amendments are also considered at this meeting.

Cal Cities policy
development is a member-
informed process,
grounded in the voices and
experiences of city officials
throughout the state.

For more information visit www.calcities.org/general-assembly Prior to the Annual Conference and Expo
Resolutions Committee
The Resolutions
Committee considers
all resolutions. General
Resolutions approved1 by
either a policy committee
or the Resolutions Committee are next
considered by the General Assembly.

General resolutions not approved, or
referred for further study by both a
policy committee and the Resolutions
Committee do not go to the General
Assembly. All Petitioned Resolutions
are considered by the General
Assembly, unless disqualified.2
During the Annual Conference and Expo
1 The Resolution Committee can amend a general resolution prior to sending it to the General Assembly. 2 Petitioned Resolutions may be disqualified by the Resolutions Committee according to Cal Cities Bylaws Article VI. Sec. 5(f). Page 6 of 6 Staff Report
Date: August 26, 2025
To: City Council
From: Valerie J. Barone, City Manager
Prepared by: Justin Ezell, Assistant City Manager
[email protected]
(925) 671-3155
Subject: Considering a recommendation from the Council Committee on Housing and Economic Development to authorize Concord Plaza Tower, Inc. to convert the existing fountain at 2020 Grant Street into a landscaped feature; and authorizing the City Manager to execute a Memorandum of Understanding in a
form acceptable to the City Attorney.

CEQA: Not a project/exempt pursuant to CEQA Guidelines
Sections 15060(c), 15061(b), 15378, and/or Public Resources Code Section 21065.

Report in Brief
On January 27, 2025, the City notified the property manager of Plaza Tower, located at 2020 Grant Street, that they had 30 calendar days to promptly repair the fountain, restore it to operational condition, and ensure its ongoing maintenance and operation.

Since then, the property manager, Barcelon Associates Management Corporation (Barcelon), has been evaluating options for addressing the fountain. Barcelon has determined that the most cost-effective solution is to convert the fountain into a landscaped feature. The proposed fountain conversion was reviewed and supported by the Council Committee on Housing and Economic Development (Hoffmeister/Obringer).

Recommended Action
Authorize Concord Plaza Tower, Inc. to convert the existing fountain at 2020 Grant Street into a landscaped feature, authorize the City Manager to execute a Memorandum of Understanding in a form acceptable to the City Attorney, and make the CEQA determinations as provided in this staff report.

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City Council Agenda Report
Agenda Item No. 4.d
August 26, 2025
Background
Plaza Tower was originally built as an affordable senior housing development by Concord Homes, Inc., which is a corporation established to offer housing and support services for seniors and individuals with disabilities. The development was supported by public investment through the Concord Redevelopment Agency (Agency). The Agency not only helped fund the project with loans but also contributed land to make it possible.

To move forward with the construction of both Plaza Tower and the nearby public parking garage at 2255 Salvio Street, the Agency and Concord Homes, Inc. agreed to a land swap in 1983. In this exchange, Concord Homes transferred a parcel of land (known as Parcel A) to the Agency, while the Agency transferred another piece of land (Parcel B) to Concord Homes. As part of that agreement, the Agency committed to building landscaping features on Parcel B to benefit the new senior housing project, then called Heritage House.

In the years that followed, additional agreements were signed to guide the long-term management of the property. One such agreement was signed in 1985 and later updated in 2015, now known as the Regulatory Agreement. This agreement clarified roles and responsibilities between the City and the property owner, Concord-Plaza Tower, Inc. (which succeeded Concord Homes).

The fountain at Plaza Tower was built in the mid-1980s by the Redevelopment Agency as a public-facing amenity meant to enhance the property. It is located at the corner of Grant and Salvio Streets, adjacent to Plaza Tower, and straddles the boundary between City land and the Plaza Tower property itself. While the City provides power to the fountain, the equipment that keeps it running, such as the pump motor and filters, is located on the Plaza Tower side. The Plaza Tower property also provides water to the fountain.

Under the terms of the Regulatory Agreement, responsibility for maintaining the fountain falls squarely on the property owner, Concord-Plaza Tower, Inc., not the City. The agreement states that the owner is responsible for maintaining the entire property in good condition, including landscaping, repairs, and capital replacements. It also explicitly states that the City has no role in managing or maintaining the project.

Barcelon Associates Management Corporation, the current property manager, is formally identified in the Regulatory Agreement and, in 2014, confirmed in writing their responsibility for maintaining the fountain. The fountain has been non-operational since 2024, and the City has been in ongoing discussions with Barcelon regarding its condition and future use since January 2025.

Analysis
Barcelon Associates Management Corporation is seeking approval to convert the non- operational fountain to a sustainable, drought-tolerant garden. The proposed garden

City Council Agenda Report
Agenda Item No. 4.d
August 26, 2025
would feature native California succulent plants and be designed by Sarah Lee of Magnifica Designs, a landscape designer known for creating low-maintenance, visually appealing, and environmentally conscious outdoor spaces. Installation of the irrigation system and soil preparation would be carried out by CH&L Landscape Services, a licensed contractor experienced in professional landscaping projects.

Barcelon’s request is driven by both operational and financial considerations. The fountain has remained nonfunctional for an extended period, and Barcelon argues that repeated challenges related to vandalism, public misuse, and lack of on-site security have made it difficult to maintain. According to Barcelon, the exposed and publicly accessible location of the fountain prevents effective protection or ongoing oversight by Plaza Tower staff.

Barcelon has determined that replacing the fountain with a landscaped garden offers a more sustainable and fiscally responsible solution. The cost to restore the fountain is estimated at a minimum of $35,000. Barcelon also considered a garden with public art, but the cost for such a project would have exceeded $60,000. Due to budget constraints, Barcelon is now pursuing a landscaping-only option.

Barcelon believes that repurposing the fountain area into a drought-tolerant garden will enhance the appearance and functionality of Todos Santos Plaza in a cost-effective, sustainable manner, while allowing them to remain focused on their core mission of providing safe, affordable housing to Concord’s senior population. Barcelon states that approval of this proposal would also enable them to direct remaining funds toward complementary improvements, including landscaping upgrades to the nearby Salvio Street planter box.

On June 2, 2025, the Council Committee on Housing and Economic Development (Hoffmeister/Obringer) reviewed the request and asked for additional information. Staff, in coordination with Barcelon Associates, returned the item to the Committee on July 15, 2025. At that meeting, the Committee expressed support for the fountain conversion and directed staff to present the recommendation to the full City Council for approval.

Following the Committee meetings, staff processed an amended design and site review application for both the planter box and fountain. The resulting approval and site designs are included as an exhibit to the proposed MOU.

Financial Impact
Converting the fountain to a landscaped feature would eliminate the minor electricity costs the City carries when the fountain is operating.

Environmental Determination
Pursuant to the California Environmental Quality Act of 1970, Public Resources Code §21000, et seq., as amended and implementing State CEQA Guidelines, Title 14,

City Council Agenda Report
Agenda Item No. 4.d
August 26, 2025
Chapter 3 of the California Code of Regulations (collectively “CEQA”), the conversion of a fountain to a landscaped feature does not constitute a “project,” within the meaning of Public Resources Code Section 21065 and CEQA Guidelines Sections 15060(c), 15061(b), and 15378 because there is no potential that the activity will result in a direct or reasonably foreseeable indirect physical change in the environment. Even if this activity were determined to be a “project” for CEQA analysis, this activity falls within the "common sense" CEQA exemption set forth in CEQA Guidelines Section 15061(b)(3), excluding projects where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 apply. This determination reflects the City’s independent judgment and analysis.

Public Contact
The City Council Agenda was posted.

Attachments

1. MOU between the City of Concord and Plaza Tower, Inc., with Exhibit A, Design and Site Review Approval

MEMORANDUM OF UNDERSTANDING

BETWEEN

THE CITY OF CONCORD
AND
CONCORD PLAZA TOWER, INC.

REGARDING

CONVERSION OF THE PLAZA TOWER FOUNTAIN TO A LANDSCAPED FEATURE This Memorandum of Understanding ("MOU") is entered into on August 26, 2025 (“Effective Date”) between the City of Concord, a California municipal corporation (“City”), Concord Plaza Tower, Inc., a California non-profit corporation. (“Owner”), and Barcelon Associates Management Corporation (“Barcelon Associates”), a California Corporation

RECITALS
A. WHEREAS, the Plaza Tower development located at 2020 Grant Street, Concord CA (“Plaza Tower Property,” formerly known as Heritage House) was constructed as a lower income senior housing project, with financial support from the Redevelopment Agency of the City of Concord ( “Agency,” predecessor in interest to the City) including through loans, landscaping, and a land exchange;
B. WHEREAS, in order to facilitate the development of both the Plaza Tower Property and the adjacent public parking garage located at 2255 Salvio Street, the Agency and Concord Homes, Inc., a California corporation and predecessor in interest to both Plaza Tower Associates and Owner (as those terms are defined in Recital D, below) undertook a land exchange and executed a March 21, 1983 agreement (“Land Swap Agreement”) pursuant to which the Agency agreed to construct certain landscaping features on Parcel B for the benefit of the Plaza Tower Property in exchange for other Agency benefits as described in the Land Swap Agreement; C. WHEREAS, the Agency constructed a fountain (“Fountain”) in the mid-1980s to enhance the Plaza Tower Property, which Fountain is physically located partially on City-owned property and partially on the Plaza Tower Property, with the pump motor and filter, electrical controls and related equipment situated on the Plaza Tower Property; D. WHEREAS, Plaza Tower Associates, a California Limited Partnership (“Plaza Tower Associates”) and the Agency, executed a regulatory agreement on September 25, 1985, which was released pursuant to a Release of Concord Redevelopment Agency Regulatory Agreement dated June 1,2015 between the Agency and Concord-Plaza Tower, Inc., a California non-profit corporation (“Owner)” as successor in interest to Plaza Tower Associates and concurrently replaced by the Amended and Restated Regulatory Agreement between Agency and Owner dated June 1, 2015 ( “Regulatory Agreement”);
E. WHEREAS, pursuant to Sections 3.1, 3.10.1, and 3.11 of the Regulatory Agreement, Owner is solely responsible for all aspects of the management, operation, and maintenance of the Plaza Tower Property, including the Fountain, and the City has no such responsibility; F. WHEREAS, Barcelon Associates is identified in the Regulatory Agreement as the property manager, is Owner’s agent, and in 2014 acknowledged responsibility for both maintenance and operation of the Fountain, including provision of electricity; Attachment 1

G. WHEREAS, on August 18, 2025, the City of Concord’s Planning Division issued the attached Exhibit A, made part hereof, which is a conditional approval to renovate landscaping at the Concord Plaza Tower, including conversion of the fountain to a planter; H. WHEREAS, on August 26, 2025, the Concord City Council approved the conversion of the Plaza Tower fountain to a landscaped feature.

NOW, THEREFORE, the parties agree to the following terms and conditions:

1. Conversion of Fountain (“Improvements”): Within 45 days of Effective Date, Owner, through Barcelon Associates, shall convert the Plaza Tower fountain to a landscaped feature in accordance with the design and specifications outlined in the attached Exhibit A, made part hereof, which includes a detailed visual representation of the landscaped feature.

2. Owner's Duty to Maintain Improvements. The Owner agrees to diligently and in good faith undertake and ensure the ongoing repair, replacement, and maintenance of the Improvements. The Owner shall do so in accordance with generally accepted best management practices or such higher standards as are necessary to maintain the Improvements in a safe and presentable condition, and to prevent the deterioration of any Improvement to the extent that it detracts visually from the appearance of the Property or the downtown, becomes unsuitable for its originally intended purpose, creates a hazard or nuisance, or otherwise varies from the originally approved design so as to degrade the quality of the downtown.

3. City's Right to Abate a Public Nuisance. The Owner agrees that if it fails to meet the maintenance standards described in Section 2, above, and (in City’s reasonable opinion) such failure creates or contributes to a public nuisance as defined in and deemed unlawful under applicable provisions of Concord Municipal Code Title 18 (Development Code) Division VIII (Administration) Chapter 18.540 (Enforcement) Sections 18.540.010 through 18.540.110 inclusive, and Chapter 8.25 (Neighborhood Preservation) Section

8.25.170 (“Nuisance Abatement Procedure), then the City may elect (but is not obligated) to take the steps necessary to abate any public nuisance in accordance with applicable Nuisance Abatement Provisions. Before undertaking such action, the City shall serve a written notice of its intent to cite the Owner for failure to comply with the terms of this MOU. Such notice shall be sent in accordance with Concord Municipal Code Section

8.25.440 (“Notice of Intention to Abate”).

4. City's Nuisance Abatement Costs Recoverable. If the City incurs costs in repairing, replacing, or maintaining the Improvements or otherwise abating the public nuisance, the City may make demand upon the Owner for payment. If the Owner fails to pay the reasonable actual costs incurred by the City within thirty (30) days of the date demand is made, the City may recover its costs in the manner provided in the Nuisance Abatement Provisions. The City’s demand notice shall state (1) that the City has incurred costs under the terms of this MOU, (2) that such costs have not been paid, (3) the amount of such costs, and (4) that this total amount shall draw interest at the maximum rate provided by law until paid.

5. Additional Remedies. In addition to remedies provided under applicable Nuisance Abatement Provisions, City may pursue any and all other remedies available in law or

equity in the event of Owner’s breach of this MOU (including any failure to meet the maintenance standards described in Section 2) even if such failure does not cause or contribute to a public nuisance.

6. Regulatory Agreement: This MOU does not amend or supersede any provision of the Regulatory Agreement.

7. Notice. Notice as given by each party to this MOU shall be given to the other party at the address shown below:

To CITY: Planning Manager
City of Concord
1950 Parkside Drive, MS/53
Concord, CA 94519-2578.

To Barcelon Associates: Sean Barcelon
590 Lennon Lane, Suite 110
Walnut Creek, CA 94598
[email protected]
(signatures on the following page)

IN WITNESS WHEREOF, the parties have respectively entered into this MOU as of the Effective Date.

Barcelon Associates Management Corp: CITY:

By: By:

Name: Sean Barcelon Valerie J. Barone, City Manager
Its: Director of Asset Management
Email: [email protected]

Concord Plaza Tower, Inc.

By: _____________________________
Name: Frank Fribley
Its: Board President
Email: [email protected]
ATTEST:

By:

Joelle Fockler, MMC, City Clerk
APPROVED AS TO FORM:

By:

Susanne Meyer Brown, City Attorney

(925) 671-3152

August 18, 2025

Barcelon Associates VIA E-MAIL: [email protected]
Attn: Sean Barcelon
590 Lennon Lane, Suite 110
Walnut Creek, CA 94598

RE: Concord Plaza Tower Landscaping Amendment
PL25131-DR
2020 Grant Street / 2255 Salvio Street
APNs: 112-136-017 / 112-136-019

Dear Mr. Barcelon,

This letter constitutes the conditional approval of Design and Site Review (PL25131-DR) for renovated landscaping for the Concord Plaza Tower, including conversion of the fountain to a planter, located at 2020 Grant Street and 2255 Salvio Street. The General Plan designation and Zoning Classification are Downtown Pedestrian; Assessor Parcel Numbers (APNs) 112-136-017 and 112-136- 019.

The following Conditions of Approval are the responsibility of the project applicant. Compliance with these conditions, the City of Concord Municipal Code, and other applicable City of Concord Planning, Building, and Engineering codes and ordinances shall be required for all permits and inspections associated with this entitlement.

CONDITIONS

The conditions are the responsibility of the applicant and all contractors. Compliance shall occur as specified in the Conditions. If timing for compliance is not specified, it shall be determined by the Division listed after the Condition. (PLNG, BLDG, ENGR)

1. These Conditions apply to and constitute approval of Design and Site Review (PL25131- DR) for renovated landscaping for the Concord Plaza Tower, including conversion of the fountain to a planter. Landscaping renovations shall be implemented as shown on the attached plan.

2. All prior approvals shall remain in effect except as amended by these conditions of approval.

3. This permit shall be null and void in the event that the City Council does not approve conversion of the Plaza Tower fountain to a landscape feature (tentatively scheduled for August 26, 2025).

Exhibit A

4. Where a plan or further information is required, it is subject to review and approval by the applicable City Department/Division, as noted at the end of each Condition. The Division listed first shall be the primary contact for implementation of that Condition. (PLNG,

BLDG, ENGR)

5. The project shall comply with all Federal and State laws and Concord Municipal Code (CMC) requirements. (PLNG, BLDG, ENGR)

6. Minor modification that are found to be in substantial conformance with the approved plans may be approved administratively. Major modifications shall be approved by the applicable decision making body and may be referred to the Design Review Board for comments. (PLNG, ENGR)

7. Noise producing site preparation and construction activities shall be limited to the day and hours as set forth below:

Monday through Friday: 7:00 a.m. to 6:00 p.m.

Construction on Saturdays may be allowed only upon prior approval by the Building, Engineering, and Planning Divisions. No changes to these construction hours shall be allowed without the prior written consent of the City. A contact person shall be available during all construction activities in the evening and on weekends to respond to complaints and take actions necessary to reduce noise. (BLDG, ENGR, PLNG)

8. Any change of use, any new building construction, any interior improvements or exterior improvements and modifications, including mechanical, electrical, and plumbing work require a permit from the Building Division. Please contact the Building Division at (925) 671-3107 for those specific requirements, permits, and related fees (the Building Division can issue permits either to the real property owner or to licensed contractors). (BLDG)

9. The applicant shall maintain and keep in clean and good condition all exterior improvements for the area adjacent to the buildings out to the street curb. Exterior improvements include but are not limited to landscaping, street trees, sidewalks, parking areas, street furniture, trash receptacles and enclosures, signs and building facades, except for landscaped planters and street trees that are maintained by the City. (BLDG, PLNG)

10. The applicant shall defend (with counsel approved by City), indemnify and hold harmless the City, any agency or instrumentality thereof, and its/their respective agents, officers, officials, volunteers, and employees from and against any and all administrative and/or legal claims, actions or proceedings to attack, set aside, void, or annul approval of the project, including without limitation, any related application, permit, certification, condition, environmental determination, other approval, compliance or failure to comply with applicable laws and regulations, and/or processing methods (“Challenge”), with the exception of a Challenge arising out of the City’s sole negligence or willful misconduct. The City shall have the right to pre-approve any material decision involved in defending any such Challenge, including settlement, and may (but is not obligated to)

participate in the defense of any Challenge. If applicant does not promptly defend any Challenge, City may (but is not obligated to) defend such Challenge as City, in its sole discretion, determines appropriate, all at applicant’s sole cost and expense. The applicant shall bear any and all losses, damages, injuries, liabilities, costs, and expenses (including, without limitation, staff time and in-house attorney's fees on a fully-loaded basis, attorney’s fees for outside legal counsel, expert witness fees, court costs, and other litigation expenses) arising out of or related to any Challenge (“Costs”), whether incurred by Developer, City, or awarded to any third party, and shall pay to the City upon demand any Costs incurred by the City. No modification of the project, any application, permit, certification, condition, environmental determination, other approval, change in applicable laws and regulations, or change in processing methods shall alter the applicant’s indemnity obligation. Pursuant to Government Code Section 66474.9, the applicant’s indemnification obligation with respect to any claim, action or proceeding to attack, set aside, void, or annul an approval of City concerning a subdivision (tentative, parcel, or final map application or approval) shall be limited to actions brought within the time period provided for in Government Code Section 66499.37, unless such time period is extended for any reason. The City shall promptly notify applicant of any Challenge, and shall cooperate fully in the defense. (CA)

11. The permit shall expire sixty (60) days from the date on which it became effective unless construction permits are obtained and work has begun. The effective date of the permit and approval is August 28, 2025. (PLNG)

12. A request for a time extension from the expiration date of October 27, 2025 can be considered if an application with required fee is filed at least 10 days before the original expiration date, otherwise a new application is required. Extensions are not automatically approved. Changes in conditions, City policies, surrounding neighborhood, and other factors permitted to be considered under the law, may require, or permit denial. (PLNG)

Please contact me if you have any questions about this letter.

Sincerely,

Aaron Sage
Planning Manager

Attachments:

Plaza Tower Planting Plans, date stamped received July 29, 2025

cc: Justin Ezell, Assistant City Manager
Mindy Gentry, Community Development Director
Kit Jory, Parks Division Manager

Plaza Tower Fountain
2020 Grant Street, Concord, CA
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July 29, 2025

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Received by Planning
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Staff Report
Date: August 26, 2025
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Mindy Gentry, Director of Community Development Carlton Thompson, PE, City Engineer
Prepared by: Bruce Davis, PE, Senior Civil Engineer
[email protected]
(925) 671-3470
Subject: Considering approval of an Agreement with Contra Costa County for the City to accept a not-to-exceed amount of $160,000 to construct a portion of the City’s Residential Pavement Maintenance – Phase C – Concord Blvd./Myrtle Dr (Project Nos. 2606 & 2618) that occurs on Concord Boulevard within the limits of the unincorporated County; and authorizing the City Manager to execute the Agreement for Roadway
Surface Treatment of Concord Boulevard in a form acceptable to the City Attorney.

CEQA: Previously determined not to be a project/exempt
pursuant to Public Resources Code 21065; CEQA Guidelines Sections 15060(c), 15061(b)(3), 15273, 15301, 15302, 15303, 15304, and/or 15378.

Report in Brief
Approximately 2,100 linear feet of the City’s Residential Pavement Maintenance – Phase C – Concord Blvd./Myrtle Dr. (Project Nos. 2606 & 2618) occurs within the unincorporated area of Contra Costa County. The County is carrying the cost of a portion of the work being completed on Concord Boulevard that is within their jurisdiction through this proposed agreement for the not-to-exceed amount of $160,000.

Attachment 1 shows the area of work covered by the agreement.

4.e4.e4.e

City Council Agenda Report
Agenda Item No. 4.e
August 26, 2025
Recommended Action
Approve an Agreement with Contra Costa County for the City to accept a not-to-exceed amount of $160,000 to construct a portion of the City’s Residential Pavement Maintenance – Phase C – Concord Blvd./Myrtle Dr (Project Nos. 2606 & 2618) that occurs on Concord Boulevard within the limits of the unincorporated County; authorize the City Manager to execute the Agreement for Roadway Surface Treatment of Concord Boulevard in a form acceptable to the City Attorney; and make the CEQA determinations as provided in this staff report.

Background
On July 24, 2025, the City Council (Council) awarded a contract to MCK Services, Inc. for construction of the City’s Residential Pavement Maintenance – Phase C – Concord Blvd./Myrtle Dr. (Project Nos. 2606 & 2618). The Project will rehabilitate pavement along three street segments: Concord Boulevard, between Bailey Road and the Clayton city limits, Myrtle Drive, between Ayers Road and Kirker Pass Road, and Mustang Court, south of Myrtle Drive (Project). A portion of the roadway on Concord Boulevard between Bailey Road and Kirker Pass Road is within an unincorporated area of the County (Attachment 1).

Analysis/Procurement Process
Contra Costa County has agreed to pay $160,000 to the City to cover their share of the work within the County limits on Concord Boulevard. This amount reflects the costs for all work, including asphalt-rubber cape seal, slurry seal, patch paving, crack sealing, and striping. This contribution reflects our shared dedication to enhancing the infrastructure and amenities for the benefit of our communities.

Financial Impact
There are adequate funds in the budget for the construction phase of the Project. The project will use 2021 Debt Issuance Measure V funds (Fund 407) for the construction contract, construction management services, and construction design support services.

Execution of the Agreement will allow Contra Costa County to reimburse the City up to $160,000 for the construction of the Project.

Environmental Determination
Pursuant to the California Environmental Quality Act (CEQA) of 1970, Public Resources Code Section 21000, et. Seq., as amended and implementing State CEQA Guidelines, Title 14, Chapter 3 of the California Code of Regulations (collectively “CEQA”), the City Council previously determined in June 2025, as part of its review and approval of the construction contract was not a “project” within the meaning of Public Resources Code Section 21065, 14 Cal Code Regs. Section 15060(c)(2) or 15378, as it will not result in a direct or reasonably foreseeable indirect physical change in the environment, and in the alternative, was exempt under CEQA Guidelines Sections 15301 – Existing Facilities, 15302 – Replacement and Reconstruction, and 15304 – Minor Alterations to

City Council Agenda Report
Agenda Item No. 4.e
August 26, 2025
Land, as it involves pavement rehabilitation. No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 applies. This determination reflects the City’s independent judgement and analysis. The Notice of Exemption was filed with the County Clerk’s office the week of August 4 following the Council award of the construction contract. Execution of this Agreement without changes to the scope of work is subject to the same exemptions, and no further environmental review is required.

Public Contact
The City Council Agenda was posted.

Attachments

1. Project Location Map

2. Agreement for Roadway Surface Treatment of Concord Boulevard between the City of Concord and Contra Costa County

Attachment 1
Project Location Map
Pavement Maintenance – Phase C – Concord Blvd/Myrtle Dr, Project Nos. 2606 & 2618

This map is a user generated, static output from an internet mapping application and isintended for reference use only.

Data layers that appear on this map may or may not be
accurate, current, or otherwise reliable.

THIS MAP IS NOT TO BE USED FOR NAVIGATION.

CCMap is maintained by Contra Costa County
Department of Information Technology, County GIS.

Data layers contained within the CCMap application
are provided by various Contra Costa County Departments.

Please direct all data inquires to the appropriate department.

Spatial Reference
PCS: WGS 1984 Web Mercator Auxiliary Sphere
Datum: WGS 1984Scale: 1:18,056
Map Legend
Unincorporated
City Limits
Coo
lidge St
Matheso
n Rd
Clay
co
rd Ave
Lincoln Dr
Olive Dr
Geneva Ave
Jefferson St
Concord Blv
d
Bailey Rd
Cl
ayco
rd Ave
Aye rs Rd
Heat
her Dr
Silverleaf L
n
Newh
all Pk
wy
Willcrest D
r
Se m inole
Cir
Clayton Rd
M
yr
tleDr
Myrtle Dr
Lau
rel
Dr
Ayers
Rd
Holly D
r
Joma
r Dr
Olive
Dr
Co
nco
rd Bl
vd
Mo
unt Diablo C
reek
Las
Ram
bl
as
Dr
Con
co
rd Blv
d
Park Highlan
ds Blv
d
Ke
nwal Rd
Wa
shi
ng
to
n
Blvd
Alberta Way
Ayers Rd
Ayers
Rd
Laurel Dr
Olive Dr
Gree
nmead
ow
Dr
Heritage Dr
Jomar Dr
So
uthbrook Dr
Con
cord B
lvd
Clayton Rd
Clayt
on R
d
Yg
nacio Valley Rd
Kirker
Pas
s Rd
ClearbrookDr
Kir ker Pas s Rd
Cam
ino E strad a
Indi
an
W
ells W
ay
Kir kw ood Dr
N Lyd
ia
Ln
Conc ord Blv d
Yol
anda Cir
Kirker
Pass
Rd
0 0.15 0.30.07 mi
±
Credits: Esri Community Maps Contributors, California State Parks, Esri, TomTom, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, Bureau of Land Management, EPA, NPS, US Census Bureau, USDA, USFWS, Contra Costa County Development of Conservation and Department, Maxar County Limits_____
Approximately 2,100
lineal feet of roadway
Project Limits
Concord Blvd,
Myrtle Dr &
Mustang Ct
Attachment 1

AGREEMENT FOR ROADWAY SURFACE TREATMENT OF CONCORD BOULEVARD This Agreement for
Roadway Surface Treatment of Concord Boulevard, dated
_________________, 2025 (this “Agreement”) is made by and between the City of Concord, a municipal corporation (hereinafter referred to as “City”) and the County of Contra Costa, a political subdivision of the State of California (herein referred to as “County”).

RECITALS
A. Portions
of Concord Boulevard are located in County’s jurisdiction and in City’s jurisdiction, as shown on the map attached hereto as Exhibit A and incorporated herein by reference (the “Treatment Area Map”).

B. City is applying a surface treatment to the portion of Concord Boulevard in its jurisdiction.

This work is tentatively scheduled for Summer 2025.

C. County desires that Ci
ty, at the same time as the surface treatment work in Recital B is performed, apply a surface treatment on County’s portion of Concord Boulevard as shown on the Treatment Area Map (the “Treatment Area”), and County desires to pay City therefor.

D. Cit y desires to apply a surface treatment on the Treatment Area, and City and County have agreed to enter into this Agreement providing therefor.

Now therefore, for good and valuable consideration, City and County mutually agree as follows.

AGREEMENT

1. Surface Treatment Work to be Performed. Notwithstanding that the Treatment Area is located within County’s jurisdiction, City shall apply an asphalt rubber cape seal, or other surface treatment in the Treatment Area, which is, in City’s sole discretion, appropriate to prolong the life and improve the pavement condition of the Treatment Area (the “Surface Treatment”). Except for application of a Surface Treatment, City shall not make any modifications to the Treatment Area without County’s prior written approval. After City’s application of a Surface Treatment, County shall continue to maintain the Treatment Area by providing routine maintenance work, which may include but not limited to, maintenance of the pavement (pothole repair), traffic stripings, signage, and drainage facilities as required to ensure satisfactory and safe condition of the Treatment Area.

2. Modification for Additional Work. Should either City or County determine that the Treatment Area requires work beyond the scope of the Surface Treatment set forth in Section 1 of this Agreement, the initiating party shall request in writing such modifications. If the additional work requested is determined by the City to be within the scope of Work under the City's construction contract for Concord's Street Maintenance Project No. 2606/2618, the parties shall execute a separate agreement, or amendment to this agreement, prior to any construction of such additional work. The parties will also discuss the appropriate payment for the additional work.

3. Payments.
a. County will reimburse City one hundred percent (100%) of City’s costs of performing the Surface Treatment work in the Treatment Area pursuant to this Agreement, which include labor costs, material costs and equipment costs from an accounting of actual charges for work in the Attachment 2

2 Agreement For Roadway Maintenance Of Concord Boulevard Treatment Area (“Costs”), provided that County will not reimburse City for Costs in excess of $160,000.00, subject to amendments executed pursuant to Section 2, above. b. Billing
. At the completion of the Surface Treatment, City shall bill County one hundred percent (100%) for Costs incurred performing the Surface Treatment work set forth in Section 1 of this Agreement; provided that County will not reimburse City for Costs in excess of $160,000.00, subject to any amendments under Section 2. City’s billings shall list all road surface treatment work performed and the costs therefor. County shall pay City within sixty (60) days after receipt of the billing from City.

4. Legal Relations and Responsibilities.

Nothing in this Agreement is intended to create duties or obligations to or rights in third parties who are not parties to this Agreement or affect the legal liability of either party to this Agreement by imposing any standard of care respecting the maintenance of state highways different from the standard of care imposed by law.

5. Indemnity; Insurance
.
a. City Indemnity.

To the extent permitted by law, and pursuant to Government Code Section 895.4, City shall defend, with counsel acceptable to County, indemnify and save harmless the County and all County officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injuries to or death of any person or damage to property (collectively, “Liabilities”) resulting from anything done or omitted to be done by City and its contractors under or in connection with any work, authority or jurisdiction delegated to City under this Agreement; provided, however, that City is not required to indemnify County for the proportion of Liabilities a court determines is attributable to the sole negligence or willful misconduct of County, its officers or employees. This provision will survive the expiration or termination of this Agreement.
b. County Indemnity. To the extent permitted by law, and pursuant to Government Code Section 895.4, County shall defend, with counsel acceptable to City, indemnify and save harmless the City and all City officers and employees from all Liabilities resulting from anything done or omitted to be done by County and its contractors under or in connection with any work, authority or jurisdiction delegated to County under this Agreement; provided, however, that County is not required to indemnify City for the proportion of Liabilities a court determines is attributable to the sole negligence or willful misconduct of City, its officers or employees. This provision will survive the expiration or termination of this Agreement. c. City Contractors’ Insurance. City will require its contractors performing any work in the
Treatment Area to name County as an additional insured under the contract between City and the contractors.

6. Notices. All notices to be given under this Agreement will be in writing and sent by (a) first class mail, postage prepaid, in which case notice will be deemed delivered three (3) business days after deposit in the United States Mail; (b) a nationally recognized overnight courier, in which case notice will be deemed delivered one (1) business day after deposit with that courier, or (c) fax, in which case notice will be deemed delivered one (1) business day after the day it was transmitted, provided that a transmission report is generated reflecting the accurate transmission of the notice. Unless communicated in writing, the place for delivery of all notices given under this Agreement will be as follows

3 Agreement For Roadway Maintenance Of Concord Boulevard

7. Effective Date; Termination. This Agreement is effective as of the date first set forth above. This Agreement may be terminated at any time for no or any reason by either party upon giving the other party sixty (60) days prior written notice, provided that County will pay City for all Costs incurred in performing the Surface Treatment work through the date of termination.

8. Integration. This Agreement contains the entire agreement between parties and supersedes all prior understandings or agreements, oral or written, regarding the subject matter of this Agreement.

9. Modification. This Agreement may only be modified or amended by the mutual, written agreement of both parties.

10. Accountability. City shall maintain and make available to County complete records of its receipts and disbursement under this Agreement.

11. Governing Law and Venue. This Agreement shall be construed and enforced in accordance with the laws of the State of California. Venue shall lie in the County of Contra Costa.

The parties have executed this Agreement as of the date first set forth above.

CONTRA COSTA COUNTY CITY OF

CONCORD
By: By:

Name: Name:

Title: Title:

ATTEST:
______________________________
Joelle Fockler, MMC
City Clerk
Approved as to form:

Thomas L. Geiger, County Counsel Suzanne Brown, City Attorney By: By:

Name: Name:

Title: Title:

If to City:

Carlton Thompson, City Engineer
City of Concord
1950 Parkside Drive
Concord, CA 94519
If to County:

Warren Lai, Public Works Director
Contra Costa County
255 Glacier Drive
Martinez, CA 94553
Fax: (925) 313-2333

FINANCE DIRECTOR'S CERTIFICATION:

Concord, California
Date:

I HEREBY CERTIFY THAT ADEQUATE FUNDS EXIST OR WILL BE RECEIVED DURING
THE CURRENT FISCAL YEAR 2025/26 TO PAY THE ANTICIPATED
EXPENSES TO BE INCURRED PURSUANT TO THIS CONTRACT.

THE SUM OF $160,000. Account Code 407-9500-C999-74200/407-2618-117-74200.

Finance Director's Signature

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TREATMENT AREA MAP
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EXHIBIT 'A'
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Project Limits
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Bail
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Staff Report
Date: August 26, 2025
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Mindy Gentry, Director of Community Development Carlton Thompson, PE, City Engineer
Bruce Davis, PE, CIP Manager
Prepared by: Aldrich Bautista, PE, Associate Civil Engineer [email protected]
(925) 671-3028
Subject: Considering approval of a Professional Services Agreement with BKF Engineers in a not-to-exceed amount of $822,010 ($747,282 plus a 10% contingency of $74,728) for project design and related services for the Willow Pass Road Bike Lane Connection (Project No. 2572, Federal Project No. STPL- 5135 (067)); and authorizing the City Manager to execute the agreement in a form acceptable to the City Attorney. (Measure V (Fund 407), OBAG 3 (Fund 402), and ATP (Fund 402))
CEQA: Not a project/exempt per CEQA Guidelines Sections 15060(c), 15061(b)(3), 15273, 15378, and/or Public Resources Code Section 21065.

Report in Brief
The Willow Pass Road Bike Lane Connection (Project No. 2572, Federal Project No.

STPL-5135 (067)) will construct a protected Class IV bike lane along Willow Pass Road from Parkside Drive to Landana Drive and Class II bicycle lanes on Parkside Drive from Willow Pass Road to Salvio Street and install Rectangular Rapid Flashing Beacons (RRFB) and green bike/vehicle conflict markings at key intersections (Project) (Attachment 1).

4.f4.f4.f4.f

City Council Agenda Report
Agenda Item No. 4.f
August 26, 2025
Proposals from design firms were received through a competitive process and BKF Engineers (BKF) was selected as the most qualified firm to provide design and related services for the project. BKF has extensive experience in civil engineering design and surveying.

Recommended Action
Approve a Professional Services Agreement with BKF Engineers in the not-to-exceed amount of $822,010 ($747,282 plus a 10% contingency of $74,728) for project design and related services for Willow Pass Road Bike Lane Connection (Project No. 2572 Federal Project No. STPL-5135 (067)) (Attachment 2); authorize the City Manager to execute the agreement in a form acceptable to the City Attorney; and make the CEQA determinations as provided in this staff report.

Background
On January 14, 2020, the City Council (Council) considered and adopted the Complete Streets Feasibility Study (Feasibility Study) for Willow Pass Road, which recommended a Class IV bike lane from Parkside Drive to Landana Drive and Class II bicycle lanes on Parkside Drive from Willow Pass Road to Salvio Street. A Class IV bike lane (also called a cycle track) is a separated bikeway for the exclusive use of bicycles in two directions and includes a buffer between the bikeway and adjacent vehicular traffic lane.

The buffer may include, but is not limited to, grade separation, flexible posts, inflexible physical barriers, or on-street parking. A Class II bike lane is a portion of the roadway that is striped for one-way bike travel.

In June 2022, the Contra Costa Transportation Authority (CCTA) released a call for projects for federal One Bay Area Grant, Round 3 (OBAG 3) funds seeking applications from member agencies in Contra Costa County. In July 2022, the City submitted a grant application to CCTA requesting federal OBAG 3 funds to implement pedestrian, bicycle, road crossing, safe routes to school, and access to transit improvements consistent with the recommendations in the Feasibility Study.

In January 2023, following a comprehensive review of grant applications conducted by committees at CCTA and later the Metropolitan Transportation Commission (MTC), Concord’s grant application scored among the highest in Contra Costa County, which resulted in MTC awarding a total of $830,000 in OBAG 3 grant funds to the City for the Project. MTC also awarded to the City $2,835,000 in grant funds as part of the Cycle 6 Regional Active Transportation Program (ATP), which, together with the OBAG 3 grant, fully fund the current estimate to design and construct the full bikeway improvement, based on the Feasibility Study.

Along with the Class IV and Class II bike lanes, the project includes green conflict markings and Rectangular Rapid Flashing Beacons (RRFB) at key intersections. These improvement locations will be defined during the design phase.

City Council Agenda Report
Agenda Item No. 4.f
August 26, 2025
This Project fills a gap in the bicycle network that connects with planned and funded Downtown corridor improvements and ultimately provides a bikeway connection from the neighborhoods along Willow Pass Road to the Downtown Concord Bay Area Rapid Transit (BART) station.

Securing OBAG 3 and Cycle 6 Regional ATP grants require the City to commit approximately $400,000 in total local match. Measure V (Fund 407) funds were reserved by the Council in Project No. 2572-Willow Pass Road Bike Lane Connection as part of the mid-cycle Capital Budget update on June 6, 2023.

On July 11, 2024, CalTrans issued federal Authorization to Proceed (E-76) with the use of OBAG 3 grant funds to design the Project.

On May 14, 2024, Council awarded the construction of the Willow Pass Repaving Safe Route to Transit Improvement (Project No. 2449, Federal Project No. STPCML-5135 (057)) located on Willow Pass Road from Galindo Street to Landana Drive. This Project, Willow Pass Repaving (No. 2449) is substantially complete, with final completion expected in October and has reserved space for the future cycle track.

Analysis
Engineering design services are needed to initiate project design, update the traffic analysis, develop project plans, specifications, and determine final construction cost estimates.

The traffic analysis will be updated with current traffic volumes and include future traffic from the development of the Concord Naval Weapons Station (CNWS). The original traffic analysis was completed in 2019 as part of the Feasibility Study for Willow Pass Road and did not account for future traffic volume.

An interim cycle track design, which was used in the grant application process, was previously reviewed by the community and stakeholders during public outreach meetings and with the Bicycle and Pedestrian Advisory Committee (BPAC). Based on the feedback received, there was great interest in adding a signalized pedestrian crossing on Willow Pass Road at the Contra Costa Canal Trail.

A field survey will be conducted to determine if any updates are necessary to the interim design based on any changes to the conditions from the last survey.

A revised design will be developed for the Class IV and Class II bike lanes with input from the updated traffic study and field survey. Part of this effort will include additional community and stakeholder review, including review the Bike and Pedestrian Advisory Committee.

City Council Agenda Report
Agenda Item No. 4.f
August 26, 2025
The expected design schedule calls for design to begin in September 2025 and be completed in late 2026, with construction substantially completed by the end of 2027.

The community, BPAC, and stakeholders will have an opportunity to review and comment on the design in early 2026. Council is expected to award the Construction Contract early 2027.

Procurement Process
On October 3, 2024, staff issued a Request for Proposals (RFP) to select a design consultant for the Project. The RFP was advertised in the local newspaper and on the City’s Procurement Website. Two consultants submitted proposals and were reviewed and ranked by City staff.

Based on the analysis of the proposals, interviews, and references, BKF was selected as the most qualified firm to provide design and related services for the Project. City staff and BKF negotiated the scope of work, cost of the services, and agreed that $747,282 was fair and reasonable compensation for the services needed to complete the design phase of the Project.

BKF has extensive experience in the design of similar civil engineering projects and surveying. They successfully completed the design of several similar capital improvements projects with the City, with the most recent completed projects being the Grant Street/East Street Pavement Rehabilitation, Project No. 2525; Treat Boulevard Pavement Rehabilitation - Phase 1 & 2, Project No. 2559; and Farm Bureau Road Complete Streets - Phase 2 (Wren Ave to Walnut Ave), Project No. 2354.

A Disadvantaged Business Enterprise (DBE) Goal of 20% was established for this design contract. BKF was able to meet this goal, with a DBE participation rate of 20% of the project cost allocated to qualified DBE subcontractors.

Financial Impact
The project budget consists of Measure V and federal OBAG 3 and ATP Cycle 6 grant funds for a total of $4,065,000 and is composed of:
• $ 830,000 OBAG 3 funds (Fund 402) for design;
• $ 2,835,000 ATP Cycle 6 funds (Fund 402) for construction; • $ 400,000 Measure V funds (Fund 407) for local match There are sufficient funds in the current budget to fund the design award recommended in this report and the preliminary estimated costs for construction.

Environmental Determination
Pursuant to the California Environmental Quality Act (CEQA) of 1970, Public Resources Code Section 21000, et. seq., as amended and implementing State CEQA Guidelines,

City Council Agenda Report
Agenda Item No. 4.f
August 26, 2025
Title 14, Chapter 3 of the California Code of Regulations (collectively “CEQA”), the award of the Professional Services Agreement does not constitute a “project” within the meaning of Public Resources Code Section 21065, 14 Cal Code Regs. Sections 15060(c), 15273, 15378, as it has no potential for resulting in a direct or reasonably foreseeable indirect physical change in the environment and/or the activities consist of creation of government funding mechanisms or other government fiscal activities which do not constitute a “project”. Even if the award of the Professional Services Agreement did constitute a project under CEQA, it falls within the “common sense” exemption set forth in 14 Cal. Code Regs. Section 15061(b)(3), excluding projects where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” Accordingly, no further environmental review is necessary. This determination reflects the City’s independent judgement and analysis.

Public Contact
The City Council Agenda was posted.

Attachments

1. Location Map

2. Professional Services Agreement with BKF Engineers, Inc., with Exhibit A – Cost Proposal

Attachment 1
Location Map

Willow Pass Road Bike Lane Connection
City Project No. 2572
Federal Project No. STPL-5135 (067)

ARTICLE I INTRODUCTION
This AGREEMENT is between the following named, hereinafter referred to as, CONSULTANT and the following named, hereinafter referred to as, LOCAL AGENCY:

The name of the “CONSULTANT” is as follows:

BKF Engineers
Incorporated in the State of California
The name of the “LOCAL AGENCY” is as follows:

City of Concord
The Contract Administrator for LOCAL AGENCY will be Aldrich Bautista B. The work to be performed under this AGREEMENT is described in Article III Statement of Work and the approved CONSULTANT’s Cost Proposal dated February 24, 2025. The approved CONSULTANT’s Cost Proposal is attached hereto (Attachment #1) and incorporated by reference.

If there is any conflict between the approved Cost Proposal and this AGREEMENT, this AGREEMENT shall take precedence.

C. CONSULTANT agrees to the fullest extent permitted by law, to indemnify, protect, defend, and hold harmless LOCAL AGENCY, its officers, officials, agents, employees and volunteers from and against any and all claims, damages, demands, liability, costs, losses and expenses, including without limitation, court costs and reasonable attorneys’ and expert witness fees, arising out of any failure to comply with applicable law, any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise arising out of the performance of the work described herein, to the extent caused by a negligent act or negligent failure to act, errors, omissions, recklessness or willful misconduct incident to the performance of this AGREEMENT on the part of CONSULTANT, except such loss or damage which was caused by the sole negligence, or willful misconduct of LOCAL AGENCY, as determined by a Court of competent jurisdiction. The provisions of this section shall survive termination or suspension of this AGREEMENT.

D. CONSULTANT in the performance of this AGREEMENT, shall act in an independent capacity. It is understood and agreed that CONSULTANT (including CONSULTANT's employees) is an independent contractor and that no relationship of employer-employee exists between the Parties hereto. CONSULTANT's assigned personnel shall not be entitled to any benefits payable to employees of City.

E. LOCAL AGENCY is not required to make any deductions or withholdings from the compensation payable to CONSULTANT under the provisions of the AGREEMENT, and is not required to issue W-2 Forms for income and employment tax purposes for any of CONSULTANT's assigned personnel. CONSULTANT, in the performance of its obligation hereunder, is only subject to the control or direction of the LOCAL AGENCY as to the designation of tasks to be performed and the results to be accomplished.

F. Any third party person(s) employed by CONSULTANT shall be entirely and exclusively under the direction, supervision, and control of CONSULTANT. CONSULTANT hereby indemnifies and holds LOCAL AGENCY harmless from any and all claims that may be made against City based upon any contention by any third party that an employer-employee relationship exists by reason of this AGREEMENT.

G. Except as expressly authorized herein, CONSULTANT's obligations under this AGREEMENT are not assignable or transferable, and CONSULTANT shall not subcontract any work, without the prior written approval of the Local AGENCY. However, claims for money due or which become CCA-5976
Attachment 2

due to CONSULTANT from City under this AGREEMENT may be assigned to a financial institution or to a trustee in bankruptcy, without such approval. Notice of any assignment or transfer whether voluntary or involuntary shall be furnished promptly to the LOCAL AGENCY.

H. CONSULTANT shall be as fully responsible to the LOCAL AGENCY for the negligent acts and omissions of its contractors and subcontractors or subconsultants, and of persons either directly or indirectly employed by them, in the same manner as persons directly employed by CONSULTANT.

I. No alteration or variation of the terms of this AGREEMENT shall be valid, unless made in writing and signed by the parties authorized to bind the parties; and no oral understanding or agreement not incorporated herein, shall be binding on any of the parties hereto.

J. The consideration to be paid to CONSULTANT as provided herein, shall be in compensation for all of CONSULTANT’s expenses incurred in the performance hereof, including travel and per diem, unless otherwise expressly so provided.

ARTICLE II CONSULTANT’S REPORTS OR MEETINGS
A. CONSULTANT shall submit progress reports at least once a month. The report should be sufficiently detailed for the LOCAL AGENCY’s Contract Administrator to determine, if CONSULTANT is performing to expectations, or is on schedule; to provide communication of interim findings, and to sufficiently address any difficulties or special problems encountered, so remedies can be developed.

B. CONSULTANT’s Project Manager shall meet with LOCAL AGENCY’s Contract Administrator, as needed, to discuss progress on the AGREEMENT.

ARTICLE III STATEMENT OF WORK
A. CIVIL DESIGN & RELATED Services
CONSULTANT’S scope of work is attached as Attachment #1.

Environmental documents are not considered complete until a Caltrans District Senior Environmental Planner signs the Categorical Exclusion, a Caltrans Deputy District Director signs the Finding of No Significant Impact, or the Caltrans District Director signs the Record of Decision (see LAPM Chapter 6: Environmental Procedures, and the Standard Environmental Reference).

B. Right of Way
CONSULTANT’S scope of work is attached as Attachment #1.

C. Surveys
CONSULTANT’S scope of work is attached as Attachment #1.

D. Subsurface Investigations
CONSULTANT’S scope of work is attached as Attachment #1.

E. Local Agency Obligations
LOCAL AGENCY will provide CONSULTANT with as-built record drawings and GIS right of way information depending on availability of these documents.

F. Conferences, Site Visits, Inspection of Work
This AGREEMENT provides for conferences as needed, visits to the site, and inspection of the work by representatives of the LOCAL AGENCY, State, and/or FHWA. Costs incurred by CONSULTANT for meetings, subsequent to the initial meeting shall be included in the fee.

G. Checking Shop Drawings
CONSULTANT’S scope of work is attached as Attachment #1.

H. CIVIL DESIGN & RELATED Services During Construction
CONSULTANT Services During Construction detailed scope of work is shown in Attachment #1.

ARTICLE IV PERFORMANCE PERIOD
A. This AGREEMENT shall go into effect on August 26, 2025, contingent upon approval by LOCAL AGENCY, and CONSULTANT shall commence work after notification to proceed by LOCAL AGENCY’S Contract Administrator. The AGREEMENT shall end on June 30, 2027, unless extended by AGREEMENT amendment.

B. CONSULTANT is advised that any recommendation for AGREEMENT award is not binding on LOCAL AGENCY until the AGREEMENT is fully executed and approved by LOCAL AGENCY.

ARTICLE V ALLOWABLE COSTS AND PAYMENTS
A. The method of payment for this AGREEMENT will be based on actual cost plus a fixed fee. LOCAL AGENCY will reimburse CONSULTANT for actual costs (including labor costs, employee benefits, travel, equipment rental costs, overhead and other direct costs) incurred by CONSULTANT in performance of the work. CONSULTANT will not be reimbursed for actual costs that exceed the estimated wage rates, employee benefits, travel, equipment rental, overhead, and other estimated costs set forth in the approved CONSULTANT’S Cost Proposal, unless additional reimbursement is provided for by AGREEMENT amendment. In no event, will CONSULTANT be reimbursed for overhead costs at a rate that exceeds LOCAL AGENCY’s approved overhead rate set forth in the Cost Proposal. In the event, that LOCAL AGENCY determines that a change to the work from that specified in the Cost Proposal and AGREEMENT is required, the AGREEMENT time or actual costs reimbursable by LOCAL AGENCY shall be adjusted by AGREEMENT amendment to accommodate the changed work. The maximum total cost as specified in Paragraph “I” of this Article shall not be exceeded, unless authorized by AGREEMENT amendment.

B. The indirect cost rate established for this AGREEMENT is extended through the duration of this specific AGREEMENT. CONSULTANT’s agreement to the extension of the 1-year applicable period shall not be a condition or qualification to be considered for the work or AGREEMENT award.

C. In addition to the allowable incurred costs, LOCAL AGENCY will pay CONSULTANT a fixed fee of $0.00. The fixed fee is nonadjustable for the term of the AGREEMENT, except in the event of a significant change in the scope of work and such adjustment is made by AGREEMENT amendment.

D. Reimbursement for transportation and subsistence costs shall not exceed the rates specified in the approved Cost Proposal.

E. When milestone cost estimates are included in the approved Cost Proposal, CONSULTANT shall obtain prior written approval for a revised milestone cost estimate from the Contract Administrator before exceeding such cost estimate.

F. Progress payments will be made monthly in arrears based on services provided and allowable incurred costs. A pro rata portion of CONSULTANT’s fixed fee will be included in the monthly progress payments. If CONSULTANT fails to submit the required deliverable items according to the schedule set forth in Article III Statement of Work, LOCAL AGENCY shall have the right to delay payment or terminate this AGREEMENT.

G. No payment will be made prior to approval of any work, nor for any work performed prior to approval of this AGREEMENT.

H. CONSULTANT will be reimbursed promptly according to California Regulations upon receipt by LOCAL AGENCY’s Contract Administrator of itemized invoices in duplicate. Invoices shall be submitted no later than thirty (30) calendar days after the performance of work for which CONSULTANT is billing. Invoices shall detail the work performed on each milestone and each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this AGREEMENT number and project title. Final invoice must contain the final cost and all credits due LOCAL AGENCY including any equipment purchased under the provisions of Article XI Equipment Purchase. The final invoice should be submitted within sixty (60) calendar days after completion of CONSULTANT’s work. Invoices shall be mailed to LOCAL AGENCY’s Contract Administrator at the following address:

City of Concord Engineering Services
1950 Parkside Drive MS/40, Concord, CA 94519
I. The total amount payable by LOCAL AGENCY including the fixed fee shall not exceed $822,010 (base fee of $747,282 and 10% contingency of $74,728).

J. For personnel subject to prevailing wage rates as described in the California Labor Code, all salary increases, which are the direct result of changes in the prevailing wage rates are reimbursable.

ARTICLE VI TERMINATION
A. This AGREEMENT may be terminated by LOCAL AGENCY, provided that LOCAL AGENCY gives not less than thirty (30) calendar days’ written notice (delivered by certified mail, return receipt requested) of intent to terminate. Upon termination, LOCAL AGENCY shall be entitled to all work, including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not.

B. LOCAL AGENCY may temporarily suspend this AGREEMENT, at no additional cost to LOCAL AGENCY, provided that CONSULTANT is given written notice (delivered by certified mail, return receipt requested) of temporary suspension. If LOCAL AGENCY gives such notice of temporary suspension, CONSULTANT shall immediately suspend its activities under this AGREEMENT. A temporary suspension may be issued concurrent with the notice of termination.

C. Notwithstanding any provisions of this AGREEMENT, CONSULTANT shall not be relieved of liability to LOCAL AGENCY for damages sustained by City by virtue of any breach of this AGREEMENT by CONSULTANT, and City may withhold any payments due to CONSULTANT until such time as the exact amount of damages, if any, due City from CONSULTANT is determined.

D. In the event of termination, CONSULTANT shall be compensated as provided for in this AGREEMENT. Upon termination, LOCAL AGENCY shall be entitled to all work, including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not.

ARTICLE VII COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS A. The CONSULTANT agrees that 48 CFR Part 31, Contract Cost Principles and Procedures, shall be used to determine the allowability of individual terms of cost.

B. The CONSULTANT also agrees to comply with Federal procedures in accordance with 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

C. Any costs for which payment has been made to the CONSULTANT that are determined by subsequent audit to be unallowable under 48 CFR Part 31 or 2 CFR Part 200 are subject to repayment by the CONSULTANT to LOCAL AGENCY.

D. When a CONSULTANT or Subconsultant is a Non-Profit Organization or an Institution of Higher Education, the Cost Principles for Title 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards shall apply.

ARTICLE VIII RETENTION OF RECORD/AUDITS
For the purpose of determining compliance with Gov. Code § 8546.7, the CONSULTANT, Subconsultants, and LOCAL AGENCY shall maintain all books, documents, papers, accounting records, Independent CPA Audited Indirect Cost Rate workpapers, and other evidence pertaining to the performance of the AGREEMENT including, but not limited to, the costs of administering the AGREEMENT. All parties, including the CONSULTANT’s Independent CPA, shall make such workpapers and materials available at their respective offices at all reasonable times during the AGREEMENT period and for three (3) years from the date of final payment under the AGREEMENT. LOCAL AGENCY, Caltrans Auditor, FHWA, or any duly authorized representative of the Federal government having jurisdiction under Federal laws or regulations (including the basis of Federal funding in whole or in part) shall have access to any books, records, and documents of the CONSUTANT, Subconsultants, and the CONSULTANT’s Independent CPA, that are pertinent to the AGREEMENT for audits, examinations, workpaper review, excerpts, and transactions, and copies thereof shall be furnished if requested without limitation.

ARTICLE IX AUDIT REVIEW PROCEDURES
A. Any dispute concerning a question of fact arising under an interim or post audit of this AGREEMENT that is not disposed of by AGREEMENT, shall be reviewed by LOCAL AGENCY’S Chief Financial Officer.

B. Not later than thirty (30) calendar days after issuance of the final audit report, CONSULTANT may request a review by LOCAL AGENCY’S Chief Financial Officer of unresolved audit issues. The request for review will be submitted in writing.

C. Neither the pendency of a dispute nor its consideration by LOCAL AGENCY will excuse CONSULTANT from full and timely performance, in accordance with the terms of this AGREEMENT.

D. CONSULTANT and subconsultant AGREEMENTs, including cost proposals and Indirect Cost Rates (ICR), may be subject to audits or reviews such as, but not limited to, an AGREEMENT audit, an incurred cost audit, an ICR Audit, or a CPA ICR audit work paper review. If selected for audit or review, the AGREEMENT, cost proposal and ICR and related work papers, if applicable, will be reviewed to verify compliance with 48 CFR Part 31 and other related laws and regulations.

In the instances of a CPA ICR audit work paper review it is CONSULTANT’s responsibility to ensure federal, LOCAL AGENCY, or local government officials are allowed full access to the CPA’s work papers including making copies as necessary. The AGREEMENT, cost proposal, and

ICR shall be adjusted by CONSULTANT and approved by LOCAL AGENCY Contract Administrator to conform to the audit or review recommendations. CONSULTANT agrees that individual terms of costs identified in the audit report shall be incorporated into the AGREEMENT by this reference if directed by LOCAL AGENCY at its sole discretion. Refusal by CONSULTANT to incorporate audit or review recommendations, or to ensure that the federal, LOCAL AGENCY or local governments have access to CPA work papers, will be considered a breach of AGREEMENT terms and cause for termination of the AGREEMENT and disallowance of prior reimbursed costs.

E. CONSULTANT’s Cost Proposal may be subject to a CPA ICR Audit Work Paper Review and/or audit by the Independent Office of Audits and Investigations (IOAI). IOAI, at its sole discretion, may review and/or audit and approve the CPA ICR documentation. The Cost Proposal shall be adjusted by the CONSULTANT and approved by the LOCAL AGENCY Contract Administrator to conform to the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report. Refusal by the CONSULTANT to incorporate the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report will be considered a breach of the AGREEMENT terms and cause for termination of the AGREEMENT and disallowance of prior reimbursed costs.

1. During IOAI’s review of the ICR audit work papers created by the CONSULTANT’s independent CPA, IOAI will work with the CPA and/or CONSULTANT toward a resolution of issues that arise during the review. Each party agrees to use its best efforts to resolve any audit disputes in a timely manner. If IOAI identifies significant issues during the review and is unable to issue a cognizant approval letter, LOCAL AGENCY will reimburse the CONSULTANT at an accepted ICR until a FAR (Federal Acquisition Regulation) compliant ICR {e.g. 48 CFR Part 31; GAGAS (Generally Accepted Auditing Standards); CAS (Cost Accounting Standards), if applicable; in accordance with procedures and guidelines of the American Association of State Highways and Transportation Officials (AASHTO) Audit Guide; and other applicable procedures and guidelines}is received and approved by IOAI.

Accepted rates will be as follows:
a. If the proposed rate is less than one hundred fifty percent (150%) - the accepted rate reimbursed will be ninety percent (90%) of the proposed rate. b. If the proposed rate is between one hundred fifty percent (150%) and two hundred percent (200%) - the accepted rate will be eighty-five percent (85%) of the proposed rate. c. If the proposed rate is greater than two hundred percent (200%) - the accepted rate will be seventy-five percent (75%) of the proposed rate.

2. If IOAI is unable to issue a cognizant letter per paragraph E.1. above, IOAI may require CONSULTANT to submit a revised independent CPA-audited ICR and audit report within three (3) months of the effective date of the management letter. IOAI will then have up to six (6) months to review the CONSULTANT’s and/or the independent CPA’s revisions.

3. If the CONSULTANT fails to comply with the provisions of this paragraph E, or if IOAI is still unable to issue a cognizant approval letter after the revised independent CPA audited ICR is submitted, overhead cost reimbursement will be limited to the accepted ICR that was established upon initial rejection of the ICR and set forth in paragraph E.1. above for all rendered services. In this event, this accepted ICR will become the actual and final ICR for reimbursement purposes under this AGREEMENT.

4. CONSULTANT may submit to LOCAL AGENCY final invoice only when all of the following items have occurred: (1) IOAI accepts or adjusts the original or revised independent CPA audited ICR; (2) all work under this AGREEMENT has been completed to the satisfaction of LOCAL