Montebello City Council
October 26, 2022

27 (i) All graffiti shall be adequately and completely removed or painted over within 48 hours of notice to Developer of such graffiti being affixed on the New Digital Billboard.
(j) Developer shall comply with the standards as adopted by the Outdoor Advertising Association of America, Inc. (OAAA), including but not limited to, the 0.3 foot- candles limitation over ambient light levels at 250 feet, and ensuring additional flexibility in reducing such maximum light level standard given the lighting environment, the obligation to have automatic diming capabilities, as well as providing the City’s Planning Manager or designee with a designated Developer employee’s phone number and/or email address for emergencies or complaints that will be monitored 24 hours a day/7 days per week. Upon any reasonable complaint by the City’s Planning Manager or designee, Developer shall perform a brightness measurement of the display using OAAA standards and provide City with the results of same within 15 days of the City’s complaint. Developer shall dim the display to the appropriate setting immediately upon the conclusion of any such measurement that concluding that the light standards were exceeded.
(k) In the event ten percent (10%) or more of the digital sign face is not operating correctly or in the event of a malfunction, Developer shall immediately turn the entire display off, or show a one hundred percent (100%) black image on the display until corrected. (l) The interval between the change in digital content shall be a minimum of eight (8) seconds and the images shall change instantaneously, without special transitional effects.

ITEM # 7

CITY OF MONTEBELLO

CITY COUNCIL AND PUBLIC FINANCING AUTHORITY AGENDA STAFF REPORT

TO:

Honorable Mayor and City Council Members
FROM:

René Bobadilla, P.E., City Manager
BY:

Fernando Pelaez, Fire Chief
SUBJECT: ADOPT RESOLUTION NO. 22-88 TO APPROVE SUBMITTAL OF AN

APPLICATION FOR THE PERMANENT LOCAL HOUSING

ALLOCATION (PLHA) PROGRAM FORMULA FUNDING PLAN

DATE: October 26, 2022

RECOMMENDATION(S):

It is recommended that the City Council:

1. Conduct Public Hearing and adopt Resolution No. 22-88 approving the submission of the grant application for the Permanent Local Housing Allocation (PLHA) Program Formula Funding Plan to collect the City’s $1,900,548 five-year allocation; and

2. Hold a Public Hearing for the consideration of approval of the City's Permanent Local Housing Allocation Program Funding Plan and Resolution; and

3. Take such additional, related, action that may be desirable.

FISCAL IMPACT:

The City of Montebello is eligible to receive an allocation of an estimated $1,900,548 in formula (i.e., non-competitive) grant funding from the Permanent Local Housing Allocation (PLHA) program formula component. This amount represents the first five years of funding available for this program. This formula funding will be an on-going funding stream if the City continues to meet the eligibility requirements. The funding opportunity is available to local governments for eligible housing and homelessness activities. Jurisdictions must submit a grant application and plan and meet eligibility

CITY COUNCIL AND PUBLIC FINANCING AUTHORITY AGENDA REPORT - MEETING OF OCTOBER 26, 2022

requirements to access PLHA formula funds. Once the grant application is approved by the State, Staff will return to a future City Council meeting with an action to appropriate the funding in Fiscal Year 2022-23.

BACKGROUND:

In 2017, Governor Jerry Brown signed a 15-bill housing package aimed at addressing the State’s housing shortage and high housing costs. The Building Homes and Jobs Act (SB 2, 2017) established a $75 recording fee on real estate documents to increase the supply of affordable homes. Seventy percent (70%) of the fees collected go towards funding the PLHA Program, which is administered by the California Department of Housing and Community Development (HCD).

PLHA’s formula component provides non-competitive funding to entitlement and non- entitlement cities. The current PLHA Notice of Funding Availability (NOFA) was released on August 17, 2022, and grant applications are due October 31, 2022. Staff received City Council approval at the August 1, 2022 City Council meeting to submit an application for the PLHA. Staff were aware that a NOFA would be released as HCD had communicated in advance that the City was now eligible.

The amount of PLHA funds allocated to each jurisdiction is directly proportionate to each jurisdiction’s share of the total 2017 CDBG allocation in California. The State estimates the City will receive approximately $1,900,548 over the program’s first five years. Of this amount, the City is eligible to receive an allocation of $316,758 from the 2019 allocation, $492,340 from the 2020 allocation, and $541,805 from the 2021 allocation. The remaining $549,645 from the 2022 and 2023 allocations will be disbursed in 2023 and 2024. Future allocations may fluctuate from year to year depending on recording fees from the number of real estate transactions. Jurisdictions must submit a grant application and meet eligibility requirements to access PLHA formula funds.

In order to be eligible to apply for this formula funding, local jurisdictions must have:

1. A state certified and compliant Housing Element. On June 22, 2022 the City Council adopted Resolution No. 22-52 approving the Housing Element Update for the 2021-2029 Planning Period (6th Cycle Regional Housing Needs Allocation); and

2. Annual Progress Reports (APR) submitted to HCD for Years 2019, 2020, and 2021. These reports have been submitted to HCD. APRs for 2022 and 2023 will need to be submitted to HCD to be eligible to collect future allocations.

The program guidelines require that the grant application include an adopted City Council resolution authorizing: 1) the request for allocation funding, 2) the proposed PLHA plan (i.e., how the City intends to spend its PLHA allocations), and 3) receipt of grant funds for the five-year period.

There are ten eligible activities under the PLHA grant:

CITY COUNCIL AND PUBLIC FINANCING AUTHORITY AGENDA REPORT - MEETING OF OCTOBER 26, 2022

1. The predevelopment, development, acquisition, rehabilitation, and preservation of multifamily, residential live-work, or rental housing that is affordable for extremely low-, very low-, low-, or Moderate-income households (up to 120 percent of Area Median Income (AMI), or 150 percent of AMI in High-cost areas). Predevelopment and/or acquisition must result in the development, rehabilitation, or preservation of housing, as otherwise there is no actual housing outcome of the predevelopment or acquisition assistance.

2. The predevelopment, development, acquisition, rehabilitation, and preservation of affordable rental and ownership housing, including Accessory Dwelling Units (ADUs) that meet the needs of a growing workforce earning up to 120 percent of Area Median Income (AMI), or 150 percent of AMI in high-cost areas.

Predevelopment and/or acquisition must result in the development, rehabilitation, or preservation of affordable rental and ownership housing, as otherwise there is no actual housing outcome of the predevelopment or acquisition assistance.

3. Matching portions of funds placed into local or Regional Housing Trust Funds.

Matching funds must be utilized as required by PLHA guidelines Section 301(a).

4. Matching portions of funds available through the Low- and Moderate-Income Housing Asset Fund pursuant to subdivision (d) of HSC Section 34176. Matching funds must be utilized as required by PLHA guidelines Section 301(a).

5. Capitalized Reserves for Services connected to the preservation and creation of new Permanent Supportive Housing (up to 30 percent of AMI).

6. Assisting persons who are experiencing or at risk of homelessness in conformance with 24 Code of Federal Regulations (CFR Section 578.3), (up to 30 percent of AMI), including:
o Rapid rehousing in conformance with federal rules contained in 24 CFR Section 576.104, except for legal services;
o Rental assistance with a term of at least six (6) months (rental arrears is not eligible);
o Street outreach, and other supportive/case management services in conformance with federal rules contained in 24 CFR Section 576.101 that allow people to obtain and retain housing;
o Operating and capital costs for navigation centers and emergency shelters, and the new construction, rehabilitation, and preservation of permanent and transitional housing.

This Activity may include subawards to administrative entities as defined in HSC Section 50490(a) (1-3) that were awarded California Emergency Solutions and Housing (CESH) Program or Homeless Emergency Aid Program (HEAP) funds for rental assistance to continue assistance to these households.

Applicants must provide rapid rehousing, rental assistance, navigation centers, emergency shelter, and transitional housing activities in a manner consistent with the Housing First practices described in 25 CCR, Section 8409, subdivision (b)(1)-(6) and in compliance with Welfare Institutions Code (WIC) Section 8255(b)(8). An Applicant allocated funds for the new construction, rehabilitation,

CITY COUNCIL AND PUBLIC FINANCING AUTHORITY AGENDA REPORT - MEETING OF OCTOBER 26, 2022

and preservation of permanent supportive housing shall incorporate the core components of Housing First, as provided in WIC Section 8255(b).

7. Accessibility modifications in lower-income owner-occupied housing (up to 80 percent of AMI).

8. Efforts to acquire and rehabilitate foreclosed or vacant homes and apartments (up to 120 percent of Area Median Income (AMI), or 150 percent of AMI in High- cost areas).

9. Homeownership opportunities, including, but not limited to, down payment assistance to those earning up to 120 percent of Area Median Income (AMI), or 150 percent of AMI in high-cost areas.

10. Fiscal incentives made by a county to a city within the county to incentivize approval of one or more affordable housing projects, or matching funds invested by a county in an affordable housing development project in a city within the county, provided that the city has made an equal or greater investment in the project.

ENVIRONMENTAL IMPACT:

The California Environmental Quality Act (Section 2100, et. seq. of the California Public Resources Code, hereafter "CEQA") requires analysis of agency approvals of discretionary "projects." A "project," under CEQA, is defined as "the whole of an action, which has a potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment" (State CEQA Guidelines Section 15378). The proposed Project and Plan is a project under CEQA.

The staff has reviewed the Project(s) and Plan to determine the required level of review under CEQA and has determined that the proposed Project is exempt from CEQA under State CEQA Guidelines Section 15061(b)(3) (Common Sense Exemption). Section 15061(b)(3) of the State CEQA Guidelines states that an activity is covered by the common sense exemption that CEQA only applies to projects that have the potential for causing a significant effect on the environment. 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, the activity is not subject to CEQA review. Nevertheless, it is important to note that specific projects/programs that qualify for funding under the proposed Project(s) and Plan may be subject to environmental review prior to implementation.

ANALYSIS:

N/A

DISCUSSION:

On October 12, 2022, the Fire Department presented the PLHA 5-Year-Plan to the City Council for review and provided an opportunity to receive input and feedback to the plan.

The Plan was posted on the City's Website, including the Notice of Funding Availability (NOFA) and the City PLHA Draft Working Budget as requested by the City Council . It was also posted to the City's social media accounts. As of the publication of this agenda item, Staff had not receive any feedback from the public, therefore no updates or revisions were made to the plan previously presented.

CITY COUNCIL AND PUBLIC FINANCING AUTHORITY AGENDA REPORT - MEETING OF OCTOBER 26, 2022

The City outlined homeless prevention goals and objectives in the City’s Homelessness Plan, adopted in 2018, and the recently adopted Housing Element. The Homeless Prevention Program develops strategic preventative measures to support and engage higher-risk members of the community from entering homelessness or connecting them with resources to exit homeless quickly by either retaining their housing or using other housing strategies to ensure people move into permanent and stable accommodations that are affordable, safe, and appropriate with the support they need to thrive. Without a dedicated funding source to provide housing for the City’s homeless households, the remaining goals and objectives of the strategy will be difficult to implement.

Assisting persons who are at risk of homelessness is an eligible activity under PLHA (see Item 6 in the list of eligible PLHA activities, above). To support and address homeless prevention, staff recommends that the City use its PLHA allocation on three eligible activities (Items 5 and 6):

1. Rental assistance for homeless persons and low-income older adults in Montebello (Item 6a); and

2. Operating Support for the Montebello Community Assistance Program (MCAP).

MCAP provides street outreach and supportive case management services (Item 6b); and

3. Capitalized Reserves for Services connected to the preservation and creation of new Permanent Supportive Housing (up to 30 percent of AMI).

These activities are eligible under PLHA and are recommended in the newly adopted Housing Element. The City’s grant application must include a high-level five-year plan outlining how it will use the total of $1,900,548 over the five-year period. Attached is a narrative description of these proposed expenditures and a budget illustrating the expenditures over the five-year period.

PLHA funding is time-sensitive, applications for the formula allocation must be submitted within 48-months of the budget appropriation. If a local government does not submit a complete application within that time frame, the allocation will revert to the Housing Rehabilitation Loan Fund for the Multifamily Housing Program or for Department- administered technical assistance to local governments.

The delays associated with the State’s approval of the City's Housing Element prevented the City from meeting the eligibility criteria needed to apply for PLHA funding until now. This year (2022) is the final year that the 2019 allocation of $316,758 will be available to the City. If not claimed this year, the funding will revert back to the HCD programs noted above. The PLHA grant formula component is now open, and applications are due November 30, 2022. It is of the utmost importance that the City submit the application to capitalize on this important funding opportunity. The proposed Plan is currently available on the City's website and was presented at the Homeless Task Force meeting on September 13, 2022 and the October 12, 2022 City Council meeting.

CITY COUNCIL AND PUBLIC FINANCING AUTHORITY AGENDA REPORT - MEETING OF OCTOBER 26, 2022

SUMMARY:

That the City Council adopt Resolution No. 22-88 approving the submission of the grant proposal application and recommendation for the PLHA grant formula component for $1.9 million dollars in formula funding from the California Department of Housing and Community Development. Once the City receives approval of the application by the State, Staff will return to the City Council with an action appropriating the funding and amending the FY 2022-23 budget.

ATTACHMENT(S)

1. Attachment A - Notice of Funding Opportunity

2. Attachment B - MFD PLHA Draft Working Budget

3. Attachment C - Montebello PLHA Plan

4. Attachment D - Resolution No. 22-88

NEXT STEPS:

That the City Council approve the submission of the grant proposal application for the Proposed City's Permanent Local Housing Allocation Program Formula Funding for the 5-Year-Plan Application with Resolution, and submit the application on October 29, 2022.

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

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

DIVISION OF STATE FINANCIAL ASSISTANCE
2020 W. El Camino Avenue, Suite 670
Sacramento, CA 95833
(916)263-2771
www.hcd.ca.gov
August 17, 2022
MEMORANDUM FOR: All Potential Applicants
FROM: Jennifer Seeger, Deputy Director
Division of State Financial Assistance
SUBJECT: 2022 Permanent Local Housing Allocation
Program Entitlement and Non-Entitlement Local
Government Formula Component – Notice of
Funding Availability
The California Department of Housing and Community Development (Department) is pleased to announce the release of the 2022 Entitlement and Non-Entitlement Local government formula component Notice of Funding Availability (NOFA) for approximately $335 million in calendar year 2021 funds in addition to the $131 million in remaining calendar year 2019 and calendar year 2020 funds for the Permanent Local Housing Allocation (PLHA) formula allocation program. Appendix A details the total funds available to each eligible locality under this NOFA for housing-related projects and programs that assist in addressing unmet housing needs of their local communities.

First Time Applicants: This will be the last year for Applicants to apply for their 2019 calendar year allocation. Jurisdictions that have not previously applied must meet all threshold requirements as outlined in Part II, Section F, of the attached NOFA.

Second- or Third-Year Applicants: Jurisdictions that have previously applied and received an award of 2019 and/or 2020 funds are not required to resubmit all threshold documents but must demonstrate all threshold requirements continue to be met as noted in Part II, Section G, of this NOFA.
*** PLEASE NOTE ***
Any 2019 calendar year funds remaining after the close of the NOFA application period will revert to the Housing Rehabilitation Loan Fund established to be used for the Multifamily Housing Program (Chapter 6.7 commencing with Section 50675) pursuant to Health and Safety Code Section 50470 (b)((2)(B)(ii)(VI) to be made available through a future Multifamily Housing Program Notice of Funding Availability.

2022 Permanent Local Housing Allocation Program
Entitlement and Non-Entitlement Local Government NOFA

The application submittal portal will be available and open for applications beginning August 17, 2022.

Personal deliveries will not be accepted. No facsimiles, incomplete applications, application revisions, or walk-in application packages will be accepted. Applications will be accepted through October 31, 2022 and must be submitted electronically through the Department’s website. Requirements for uploading the Application Workbook and required supporting documentation, including naming conventions, are described in the application instructions available at http://www.hcd.ca.gov/grants- funding/active-funding/plha.shtml.

The PLHA application forms, workshop details, and Guidelines are posted on the Department’s website. To receive information on workshops and other updates, please subscribe to the PLHA listserv by clicking on “Email Sign-Up” on the Department’s website. If you have any further questions, please contact [email protected].

Attachment

Permanent Local Housing Allocation Program
Entitlement and Non-Entitlement Local
Government Formula Component
2022 Notice of Funding Availability

Gavin Newsom, Governor
State of California
Lourdes M. Castro Ramírez, Secretary
Business, Consumer Services and Housing Agency
Gustavo Velasquez, Director
California Department of Housing and Community Development 2020 West El Camino Avenue, Suite 500, Sacramento, CA 95833 Telephone: (916) 263-2771
Website: http://www.hcd.ca.gov/grants-funding/active-funding/plha.shtml Email: [email protected]

August 17, 2022

Table of Contents

I. Overview ........................................................................................................................... 5 A. Notice of Funding Availability .................................................................................. 5 B. Timeline .................................................................................................................. 6 C. Authorizing Legislation and Regulations ................................................................. 6 II. Program Requirements ...................................................................................................... 6 A. Eligible Applicants ................................................................................................... 7 B. Eligible Activities ..................................................................................................... 7 C. Allocation of funding and award limits ..................................................................... 9 D. Program Administrative, Activity Delivery Costs, and Reimbursement of Costs .... 11 E. Application review ................................................................................................ . 11 F. Threshold requirements for Previous Awardees .................................................... 11 G. Threshold requirements for First-Time Applicants ................................................. 13 H. Administration and reporting requirements ............................................................ 15 III. Application submission and review procedures ............................................................... 15 A. Application submission process ............................................................................ 15 B. Application Workshops .......................................................................................... 16 IV. Appeals ........................................................................................................................... 16 A. Basis of appeals .................................................................................................... 16 B. Appeal process and deadlines .............................................................................. 16 C. Decisions .............................................................................................................. 17 D. Award announcements and contracts ................................................................... 17 V. Other state requirements ................................................................................................ . 17 A. Pet Friendly Housing Act of 2017 .......................................................................... 17 B. Accessibility and non-discrimination ...................................................................... 17 IV. Other terms and conditions .............................................................................................. 18 A. Right to modify or suspend .................................................................................... 18 B. Disclosure of application ....................................................................................... 18 C. Conflicts ................................................................................................................ 18 APPENDICES ............................................................................................................................ 19

Department of Housing and Community Development
2022 PLHA Entitlement and Non-Entitlement Local Government Formula Allocation NOFA 5 I. Overview

A. Notice of Funding Availability

The California Department of Housing and Community Development (Department or HCD) is announcing the release of the 2022 Permanent Local Housing Allocation (PLHA) Program’s Formula Component Notice of Funding Availability (NOFA) for approximately $335 million in calendar year 2021 funds in addition to the $131 million in calendar year 2019 and calendar year 2020 funds for Entitlement and Non-Entitlement Local governments. This NOFA is funded from moneys deposited in the Building Homes and Jobs Trust Fund (Fund) in calendar year 2021 and includes any remaining unawarded funds not requested for calendar years 2019 and 2020.

Funding for this NOFA is provided pursuant to Senate Bill 2 (SB 2) (Chapter 364, Statutes of 2017). SB 2 established the Fund and authorizes the Department to allocate 70 percent of moneys collected and deposited in the Fund, beginning in calendar year 2019, to Local governments for eligible housing and homelessness activities. The intent of the bill is to provide a permanent, on-going source of funding to Local governments for housing-related projects and programs that assist in addressing the unmet housing needs of their local communities.

In 2022, the Department will issue two separate NOFAs to award the PLHA funds:

x Formula Component NOFA for Entitlement and Non-Entitlement Local governments

x Non-Entitlement Local Government Competitive NOFA (anticipated in June 2022)

This NOFA outlines threshold and application requirements for Entitlement Local governments and Non-Entitlement Local governments as defined in Guidelines Section 101. Entitlement Local governments are metropolitan cities and urban counties that received a Community Development Block Grant (CDBG) for fiscal year 2017 pursuant to the federal formula specified in 42 U.S. Code, Section 5306.

Please note that this NOFA has two separate threshold requirements sections:
x Local governments that received an award under the 2020 or 2021 Formula Component NOFA are subject to the threshold requirements outlined in Part II, Section F
x Local governments that have not previously applied for and received a PLHA award must meet the threshold requirements outlined in Part II, Section G

*** PLEASE NOTE ***
Any 2019 calendar year funds remaining after the close of the NOFA application period will revert to the Housing Rehabilitation Loan Fund established to be used for the Multifamily Housing Program (Chapter 6.7 commencing with Section 50675) pursuant to Health and Safety Code Section 50470 (b)((2)(B)(ii)(VI) to be made available through a future Multifamily Housing Program Notice of Funding Availability.

Department of Housing and Community Development
2022 PLHA Entitlement and Non-Entitlement Local Government Formula Allocation NOFA 6 B. Timeline

C. Authorizing Legislation and Regulations

Senate Bill 2 (Chapter 364, Statutes of 2017) established the PLHA Program. The program operates under the requirements of Health and Safety Code (HSC), Part 2 of Division 31, Chapter 2.5 (commencing with Section 50470).

Section 50470 (b)(2)(B)(i) of the HSC authorizes the Department to allocate 70 percent of the moneys collected and deposited in the Fund, beginning in calendar year 2019, to Local governments.

Section 50470 (b)(2)(B)(i)(I) of the HSC requires the Department to allocate 90 percent of PLHA funds available to Local governments based on the federal CDBG formula specified in 42 U.S. Code, Section 5306, except that the portion allocated to Non-Entitlement Local governments is required to be distributed through a competitive grant program for Non-Entitlement Local governments.

Section 50470 (b)(2)(B)(i)(II) of the HSC requires the Department to allocate the remaining 10 percent of PLHA funds available to Local governments equitably to Non-Entitlement Local governments.

Section 50470 (d) authorizes the Department to adopt Guidelines to implement the PLHA program, not subject to the rulemaking provisions of the California Administrative Procedure Act.

This NOFA governs the administration of funding from the Fund (created by Section 50470, subdivision (a)(1) and appropriated by item 2240-103-3317 in the Budget Act of 2019) and made available under the PLHA program.

Capitalized terms not otherwise defined in this NOFA shall have the meanings set forth in Guidelines Section 101.

II. Program Requirements

The following is provided as a summary for the allocation of the PLHA funds to Entitlement Non-Entitlement Local governments and is not to be considered a complete representation of the eligibility, threshold, or other requirements, terms, and conditions.

NOFA Release Date August 17, 2022
Application Submittal August 17, 2022 –
October 31, 2022
Award Announcement Ongoing through February 2023

Department of Housing and Community Development
2022 PLHA Entitlement and Non-Entitlement Local Government Formula Allocation NOFA 7 This 2022 NOFA represents the third year of funding under the PLHA program for the Entitlement and Non-Entitlement Local Government Formula Component as detailed below:

Revenue Collection period NOFA Issuance
2019 CY 2020
2020 CY 2021
2021 CY 2022
A. Eligible Applicants
An Applicant must be an Entitlement Local government, a Non-Entitlement Local government, or a Local or Regional Housing Trust Fund delegated by the Local government pursuant to Guidelines Section 300. Appendix A of the NOFA contains the list of eligible Applicants.

1. Delegation of Formula Allocation
An eligible Applicant may delegate their entire formula allocation to either another Local government or to a Local or Regional Housing Trust Fund. A Local government that delegates their formula allocation to another Local government or to a Housing Trust Fund must enter into a legally binding agreement with the other Local government or Housing Trust Fund. The delegate must submit the PLHA application on behalf of the recipient of the PLHA Formula Allocation and wholly administer the entire formula component of PLHA funds on behalf of the delegator for the full term of the PLHA Plan, as set forth in Guidelines Section 300(c). Both the delegating Local government and the Applicant must meet the housing element compliance threshold requirement as outlined in Section II, Part F of this NOFA.

Upon delegating its entire formula allocation to another Local government or to a Local or Regional Housing Trust Fund, the Local government that delegated their allocation is no longer involved in the PLHA application or administration of the PLHA grant for the full term of the PLHA Plan, which extends through 2023. The delegated Local government or Trust Fund assumes full responsibility for compliance with statute and for meeting all the Department’s requirements, including any penalties for non-compliance.

A partial funding delegation is not permitted under the delegation authority.

However, a Local government can subgrant a portion of its allocation to another entity, as permitted by Guidelines Section 302(c)(3). When a Local government subgrants a portion of its allocation to another entity, the Local government remains fully accountable and responsible for compliance with statute and for meeting all of the Department’s requirements, including any penalties for non- compliance.

B. Eligible Activities
Pursuant to Guidelines Section 301(a), the PLHA funds allocated to eligible

Department of Housing and Community Development
2022 PLHA Entitlement and Non-Entitlement Local Government Formula Allocation NOFA 8 Applicants must be used to carry out one or more of the eligible activities listed below. All services must be provided within the county containing the Local government recipient.

1. The predevelopment, development, acquisition, rehabilitation, and preservation of multifamily, residential live-work, or rental housing that is Affordable to extremely low-, very low-, low-, or Moderate-income households (up to 120 percent of Area Median Income (AMI), or 150 percent of AMI in High-cost areas, see appendix B for a list of High-cost areas, including necessary Operating subsidies). Note: Predevelopment and/or acquisition must result in the development, rehabilitation, or preservation of housing, as otherwise there is no actual housing outcome of the predevelopment or acquisition assistance.

2. The predevelopment, development, acquisition, rehabilitation, and preservation of Affordable rental and ownership housing, including Accessory Dwelling Units (ADUs), that meets the needs of a growing workforce earning up to 120 percent of Area Median Income (AMI), or 150 percent of AMI in High-cost areas. ADUs shall be available for occupancy for a term of no less than 30 days. See Appendix B for a list of High-cost areas in California.

Note: Predevelopment and/or acquisition must result in the development, rehabilitation, or preservation of Affordable rental and ownership housing, as otherwise there is no actual housing outcome of the predevelopment or acquisition assistance.

3. Matching portions of funds placed into Local or Regional Housing Trust Funds.

Matching funds must be utilized as required by PLHA guidelines Section 301(a).

4. Matching portions of funds available through the Low- and Moderate-Income Housing Asset Fund pursuant to subdivision (d) of HSC Section 34176.

Matching funds must be utilized as required by PLHA guidelines Section 301(a).

5. Capitalized Reserves for Services connected to the preservation and creation of new Permanent Supportive Housing (up to 30 percent of AMI).

6. Assisting persons who are experiencing or At risk of homelessness in conformance with 24 Code of Federal Regulations (CFR Section 578.3), (up to 30 percent of AMI), including

a. Rapid rehousing in conformance with federal rules contained in 24 CFR Section 576.104, except for legal services;
b. Rental assistance with a term of at least six (6) months (rental arrears is not eligible);
c. Street outreach, and other supportive/case management services in conformance with federal rules contained in 24 CFR Section 576.101 that allow people to obtain and retain housing;
d. Operating and capital costs for navigation centers and emergency shelters, and the new construction, rehabilitation, and preservation of permanent and

Department of Housing and Community Development
2022 PLHA Entitlement and Non-Entitlement Local Government Formula Allocation NOFA 9 transitional housing.

This Activity may include subawards to administrative entities as defined in HSC Section 50490(a) (1-3) that were awarded California Emergency Solutions and Housing (CESH) Program or Homeless Emergency Aid Program (HEAP) funds for rental assistance to continue assistance to these households.

Applicants must provide rapid rehousing, rental assistance, navigation centers, emergency shelter, and transitional housing activities in a manner consistent with the Housing First practices described in 25 CCR, Section 8409, subdivision (b)(1)-(6) and in compliance with Welfare Institutions Code (WIC) Section 8255(b)(8). An Applicant allocated funds for the new construction, rehabilitation, and preservation of Permanent supportive housing shall incorporate the core components of Housing First, as provided in WIC Section 8255(b).

7. Accessibility modifications in Lower-income Owner- occupied housing (up to 80 percent of AMI).

8. Efforts to acquire and rehabilitate foreclosed or vacant homes and apartments (up to 120 percent of Area Median Income (AMI), or 150 percent of AMI in High- cost areas).

9. Homeownership opportunities, including, but not limited to, down payment assistance to those earning up to 120 percent of Area Median Income (AMI), or 150 percent of AMI in High-cost areas.

10. Fiscal incentives made by a county to a city within the county to incentivize approval of one or more Affordable housing projects, or matching funds invested by a county in an Affordable housing development project in a city within the county, provided that the city has made an equal or greater investment in the project. The county fiscal incentives shall be in the form of a grant or low-interest loan to an Affordable housing project. Matching funds investments by both the county and the city also shall be a grant or low-interest deferred loan to the Affordable housing project earning up to 120 percent of Area Median Income (AMI), or 150 percent of AMI in High-cost areas.

Twenty percent of the moneys in the Fund are required by statute to be expended for Affordable Owner Occupied
Workforce Housing (AOWH). If funding proposed in Local
government Plans for AOWH activities is lower than 20 percent of the moneys available in the Fund, the Department may require Local governments to use a specific percentage of their annual formula allocations in some future year for AOWH activities as part of the annual funding process.

C. Allocation of funding and award limits

Appendix A lists the dollar amount of the allocation of PLHA funds. There is a

Department of Housing and Community Development
2022 PLHA Entitlement and Non-Entitlement Local Government Formula Allocation NOFA 10 column indicating allocations for calendar years 2021, 2020 and 2019. If a Local government applied for and received their 2010 or 2020 allocations, there is a blank in those columns. If a Local government HAS NOT applied before this NOFA, there will be an amount listed in each of the 2019, 2020, and 2021 columns.

The PLHA funds allocated to each Entitlement Local government is directly proportionate to each Entitlement Local Government’s share of the total 2017 Community Development Block Grant Fund Allocation in California.

The PLHA funds allocated to each Non-Entitlement Local Government is based on the sum of:

1. Fifty percent of the funding available for the Non-Entitlement formula component divided by the number of Local governments eligible for the Non-Entitlement formula component; and

2. Fifty percent of the funding available for the Non-Entitlement formula component allocated in proportion to each Non-Entitlement Local government’s share of the total most severe housing need in California’s Non-Entitlement Local governments, based upon the most recent U.S. Department of Housing and Urban Development (HUD) Comprehensive Housing Affordability Strategy (CHAS) data.

Two or more Local governments may expend PLHA funds on an eligible jointly funded project, provided the project is an eligible Activity pursuant to Guidelines Section 301(a), and will be located within the boundaries of one of the Local governments.

An Applicant eligible for an allocation of PLHA funds must comply with the Deadline and Funding Requirements set forth in Guidelines Section 304.

In order to avoid amending the Department Standard Agreement each year, and to expedite the disbursement of PLHA funds, the Department Standard Agreement and the Applicant’s PLHA resolution shall include a five-year estimate of PLHA formula allocations, as stated in Appendix C, as the maximum funding amount. The actual amounts may be lower, and the disbursements will be based on the actual allocation amounts.

Please be advised that no funding from any subsequent year will be disbursed if the Local government is not in compliance with the housing element requirement and the Housing Element Annual Progress Report (APR) requirement stated in Guidelines Section 302(a) and (b), or in the event that the Local government has not submitted its annual PLHA report, as required by Guidelines Section 503. Please refer to Appendix D for more information on verifying housing element and APR status. In addition, the grantee must be in compliance with commitment requirements stated in Guidelines Sections 300(e) and must not incur penalties stated in Guidelines Section 502.

Department of Housing and Community Development
2022 PLHA Entitlement and Non-Entitlement Local Government Formula Allocation NOFA 11 D. Program Administrative, Activity Delivery Costs, and Reimbursement of Costs

A Local government that receives an award under this NOFA shall not use more than 5 percent (5%) of the award for administrative costs related to the execution of eligible activities.

Staff and overhead costs directly related to carrying out the eligible activities described in Guidelines Section 301(a) are “activity costs” and not subject to the cap on administrative costs. A Local government may share any funds available for administrative costs with entities to which it provides funding.

Predevelopment expenses for construction projects funded by PLHA funds and costs to develop and prepare the PLHA application and Plan may be paid from the PLHA funds regardless of when the costs were incurred. Reimbursement of expenses to prepare the PLHA application and Plan are subject to the cap on administrative costs. Other costs incurred more than one year prior to commitment by the Local government may not be paid from the PLHA funds.

E. Application review

An Applicant must submit a complete application and other documents by the deadline stated in this NOFA. Applications submitted in response to this NOFA must meet the threshold requirements set forth in this section and in the Guidelines Section 302.

F. Threshold requirements for Previous Awardees

Applicants that received awards from the 2021 Formula Allocation NOFA must meet all of the following threshold requirements:

1. Housing Element Compliance: The Applicant and delegating Local government, if applicable, must be a locality with an adopted housing element that has been found by the Department to be in substantial compliance with the requirements of Article 10.6 (commencing with section 65580) of Chapter 3 of Division 1 of Title 7 of the Government Code, pursuant to Government Code section 65585 at time of application. If the application is submitted within 120 days of the housing element due date, the Department may refer to the jurisdiction’s compliance from the prior cycle.

2. The Applicant must have submitted to the Department the Annual Progress Report on the Housing Element for the 2021 calendar year reporting period by the submittal date.

3. Applicant must have submitted to the Department the Annual PLHA Report if the application is submitted on or after July 31, 2022, which is the deadline for the Annual Report.

Department of Housing and Community Development
2022 PLHA Entitlement and Non-Entitlement Local Government Formula Allocation NOFA 12 4. Applicant must have met the commitment requirements stated in PLHA Guidelines Section 300(e).

5. The application must request an allocation pursuant to Section 200 of the PLHA Guidelines. Previous awardees have already received Department approval for their five-year PLHA Plan, which lists the activities that the Local government plans to provide using the five years of funding contained in the Standard Agreement. The PLHA Plan continues in force and effect unless the Local government amends the Plan to provide different activities that are eligible under PLHA statute and Guidelines. If the Plan is amended so that more than 10 percent of funds are moved to a different activity, the Plan must be formally amended, including discussion and approval at a publicly noticed meeting of the Local government’s governing board, and the Plan must be submitted to the Department for approval. Activities must be carried out in the jurisdiction of the Applicant’s Local government. Jointly funded projects may be carried out as described in Section 301(c).

6. Submission of the application must be authorized by the governing board of the Applicant by Resolution, and this Resolution must be submitted as part of the application. The Resolution should use the five-year estimate of funding, as listed in Appendix C.

7. If the Local government proposes to allocate funds for any Activity to another entity, the Resolution must certify that the Local government’s selection process shall avoid conflicts of interest and shall be accessible to the public. See PLHA Guidelines Section 302 (c)(3).

8. If the Local government proposes to use funds for the acquisition, construction, or rehabilitation of for-sale housing projects or units within for-sale housing projects, the Resolution must certify that the grantee shall record a deed restriction against the property that will ensure compliance with one of the requirements stated in Guidelines Section 302(c)(6)(A), (B) or (C).

9. The resolution shall certify that, if funds are used for the development of an Affordable Rental Housing Development, the Local government shall make the PLHA assistance in the form of a low-interest, deferred loan to the Sponsor of the Project. The loan shall be evidenced through a Promissory Note secured by a Deed of Trust, and a Regulatory Agreement shall restrict occupancy and rents in accordance with the Local government-approved underwriting of the Project for a term of at least 55 years.

10. If any activity in the five-year Plan consists of loans being made to a homebuyer, homeowner, developer, or owner of a project, a Program income reuse plan describing how repaid loans will be used for eligible activities specified in Section 301 must be included in the application. This reuse plan must also describe how interest earned from PLHA funds deposited in a Local government interest- bearing account will be used for eligible PLHA activities.

Department of Housing and Community Development
2022 PLHA Entitlement and Non-Entitlement Local Government Formula Allocation NOFA 13 G. Threshold requirements for First-Time Applicants

First-time Applicants who have not previously received an award under a prior Formula Allocation NOFA must meet the following threshold requirements:

1. Housing Element Compliance: The Applicant and delegating Local government, if applicable, must have a housing element that has been adopted by the jurisdiction’s governing body and subsequently determined to be in substantial compliance with state Housing Element Law pursuant to GC Section 65585 by the application date. If the application is submitted within 120 days of the housing element due date, the Department may refer to the jurisdiction’s compliance from the prior cycle.

2. The Applicant must have submitted to the Department the Annual Progress Report on the housing element for the corresponding calendar year based on the allocations for which the Applicant is applying by the application submittal date as follows:

Allocation Requested: APR Reporting Period:
2019 allocation 2019 CY APR
2020 allocation 2020 CY APR
2021 allocation 2021 CY APR

3. Application requests an allocation pursuant to Section 200 of the PLHA Guidelines and identifies the eligible activities to be undertaken. Activities must be carried out in the jurisdiction of the Applicant’s Local government. Jointly funded projects may be carried out as described in Section 301(c).

4. Submission of the application must be authorized by the governing board of the Applicant by Resolution, and this Resolution must be submitted as part of the application. The Resolution should use the five-year estimate of funding, as listed in Appendix C.

5. If the Local government proposes to allocate funds for any Activity to another entity, the Resolution must certify that the Local government’s selection process shall avoid conflicts of interest and shall be accessible to the public. See PLHA Guidelines Section 302 (c)(3).

6. If the Local government proposes to use funds for the acquisition, construction, or rehabilitation of for-sale housing projects, or units within for-sale housing projects, the Resolution must certify that the grantee shall record a deed restriction against the property that will ensure compliance with one of the requirements stated in Guidelines Section 302(c)(6)(A),(B) or (C).

7. The Resolution shall certify that, if funds are used for the development of an Affordable Rental Housing Development, the Local government shall make the

Department of Housing and Community Development
2022 PLHA Entitlement and Non-Entitlement Local Government Formula Allocation NOFA 14 PLHA assistance in the form of a low-interest, deferred loan to the Sponsor of the Project. The loan shall be evidenced through a Promissory Note secured by a Deed of Trust, and a Regulatory Agreement shall restrict occupancy and rents in accordance with the Local government-approved underwriting of the Project for a term of at least 55 years.

8. The application must include a Plan which details:
a. The manner in which the allocated funds will be used for eligible Activities. b. A detailed description of the way the Local government will prioritize investments that increase the supply of housing for household with incomes at or below 60 percent of the AMI.
c. A detailed description of how the Plan is consistent with the programs set forth in the Local government’s housing element.
d. Evidence that the Plan was authorized and adopted by Resolution by the Local government and that the public had an adequate opportunity to review and comment on the Plan’s contents prior to the Plan Resolution adoption.

The plan must be provided to the public for a public comment period, culminating with a public hearing at which the governing board may approve it. The draft Plan should be published for public review on the Applicant’s website.
e. The Resolution adopting the Plan should specifically identify the activities the Local government plans to engage in. The Resolution is required to be submitted as part of the application. The Resolution must specifically state the eligible activities from the Plan application.
f. The following information is required for each proposed Activity:
i. A detailed description of each Activity, pursuant to Section 301 and the percentage of funding being allocated to it. The description must include the percentage, if any, directed to Affordable Owner-Occupied Workforce Housing (AOWH).
ii. The projected number of households to be served at each income level and a comparison to the unmet share of the Regional Housing Needs Allocation at each income level.
iii. A description of major steps/actions and a proposed schedule required for the implementation and completion of the Activity. iv. The period of affordability for each Activity. Rental Projects are required to have an affordability period of at least 55 years.

9. The Plan shall be for a term of five years, illustrating how the allocations from 2019, 2020, 2021, 2022, and 2023 will be used. Refer to instructions in the Plan tab of the PLHA Application form.

10. If funds are used for acquisition, construction, or rehabilitation of for-sale housing projects or units within for-sale housing projects, then a deed restriction shall be recorded against the property as described in Section 302(c)(6)(A-C).

Department of Housing and Community Development
2022 PLHA Entitlement and Non-Entitlement Local Government Formula Allocation NOFA 15 11. If funds are proposed to be used for development of an Affordable Rental Housing Development, a certification is required that the Local government shall make the PLHA assistance in the form of a low-interest, deferred loan to the Sponsor of the Project. The loan must be evidenced through a Promissory Note secured by a Deed of Trust, and a Regulatory Agreement is required to restrict occupancy and rents in accordance with the Local government’s approved underwriting of the Project for a term of at least 55 years.

12. If any activity in the five-year Plan consists of loans being made to a homebuyer, homeowner, developer or owner of a project, a Program income reuse plan describing how repaid PLHA loans will be used for eligible activities specified in Section 301 must be included in the application. This reuse plan must also describe how interest earned from PLHA funds deposited in a Local government interest-bearing account will be used for eligible PLHA activities.

H. Administration and reporting requirements

A grantee of PLHA funds must meet the administration requirements set forth in Guidelines Sections 500 and 501 and reporting requirements in Section 503.

III. Application submission and review procedures

Applications must be on the Department’s forms and cannot be altered or modified by the Applicant. Excel forms must be in Excel format and 'saved as' .xls or .xlsx. Do not 'save as'.xlsm or .pdf format. Applications that do not meet the program requirements stated in this NOFA will not be eligible for funding. Application forms are available for download on the PLHA webpage.

A. Application submission process

Applications must be submitted electronically to the Department’s website.

Requirements for uploading the Application Workbook and required supporting documentation, including naming conventions, are described in the application instructions available at https://www.hcd.ca.gov/grants-funding/active- funding/plha.shtml. The submittal portal will be available beginning August 17, 2022.

Applicants must upload all application materials to the Department’s website. The application portal is open beginning on August 17, 2022 through 4:00 p.m. Pacific Standard Time on October 31, 2022. Please note that the on-line support and technical assistance closes at 4:00 p.m. Pacific Standard Time on October 31, 2022.

Personal deliveries will not be accepted. No facsimiles, incomplete applications, application revisions, or walk-in application packages will be accepted. Applications that do not meet the filing deadline requirements will not be eligible for funding.

It is the Applicant’s responsibility to ensure that the application is clear, complete, and accurate. The Department may request additional clarifying information and/or

Department of Housing and Community Development
2022 PLHA Entitlement and Non-Entitlement Local Government Formula Allocation NOFA 16 inquire as to where in the application specific information is located. However, missing or forgotten application information or documentation may cause the application not to pass threshold.

Those Applicants that are notified they did not pass threshold requirements will have the opportunity to submit the necessary documentation prior to the NOFA closing date.

B. Application Workshops

Applicants are strongly encouraged to attend a PLHA webinar to gain information critical for preparing the application, which will be discussed at the webinar. PLHA webinar dates and times are located on the Department’s PLHA webpage.

IV. Appeals

A. Basis of appeals

1. Upon receipt of the Department’s notice that an application has been determined to be incomplete, ineligible, or fail threshold review, Applicants may appeal such decision(s) to the Director of the Department or their designee pursuant to this section.

2. No Applicant shall have the right to appeal a decision of the Department relating to another Applicant’s eligibility, point score, award, denial of award, or any other matter related thereto.

3. The appeal process provided herein applies solely to decisions of the Director of the Department or their designee made in this NOFA and does not apply to any decisions made with respect to any previously issued NOFAs or decisions to be made pursuant to future NOFAs.

B. Appeal process and deadlines

1. Process. In order to file an appeal, an Applicant must submit to the Director of the Department or their designee a written appeal, which states all relevant facts, arguments, and evidence upon which the appeal is based. Furthermore, the Applicant must provide a detailed description of how the application is complete, eligible or meets threshold requirements, as applicable, or provide additional information to resolve the Department’s determination. Appeals are to be submitted to the Department at [email protected] according to the deadline set forth in Department review letters.

2. Filing deadline. Appeals must be received by the Department no later than five (5) business days from the date of the Department’s threshold review letter representing the Department’s decision made in response to the application.

Department of Housing and Community Development
2022 PLHA Entitlement and Non-Entitlement Local Government Formula Allocation NOFA 17 C. Decisions

Any request to appeal the Department’s decision regarding an application shall be reviewed for compliance with the Guidelines and this NOFA. All decisions rendered shall be final, binding, and conclusive, and shall constitute the final action of the Department.

D. Award announcements and contracts

The Department will review applications as they are received and will make awards as follows:

1. Previous Awardees: For Local governments that have previously received an award and are applying for a new allocation of calendar year 2021 funds, awards will be made within 60 days of receipt.

2. First Time Awardees: For Local governments that have not previously received an award, those applications will be reviewed, and awards made at the end of each quarter beginning in July 2022 with subsequent awards made in October 2022 and January 2023. Award recommendations will be posted on the PLHA webpage.

V. Other state requirements

A. Pet Friendly Housing Act of 2017

Housing funded through this program is subject to the Pet Friendly Housing Act of 2017 (HSC Section 50466). Each awardee will be required to submit a signed and dated certification that residents of the program-funded Housing development will be authorized to own or otherwise maintain one or more common household pets as required by HSC Section 50466. Pursuant to this statute, “common household pet” means a domesticated animal, such as a dog or cat, commonly kept in the home for pleasure rather than for commercial purposes.

B. Accessibility and non-discrimination

All projects or programs shall adhere to the accessibility requirements set forth in California Building Code Chapter 11A and 11B and the Americans with Disabilities Act (ADA), Title II. In addition, projects or programs shall adhere to either the Uniform Federal Accessibility Standards, 24 CFR Part 8, or HUD's modified version of the 2010 ADA Standards for Accessible Design (Alternative 2010 ADAS), HUD- 2014-0042-0001, 79 F.R. 29671 (5/27/14) (commonly referred to as "the Alternative Standards" or "HUD Deeming Memo"). Accessible units shall, to the maximum extent feasible and subject to reasonable health and safety requirements, be distributed throughout the project and be available in a sufficient range of sizes and amenities consistent with 24 CFR Section 8.26.

Recipients shall adopt a written non-discrimination policy requiring that no person shall, on the grounds of race, color, religion, sex, gender, gender identity, gender

Department of Housing and Community Development
2022 PLHA Entitlement and Non-Entitlement Local Government Formula Allocation NOFA 18 expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, age, medical condition, genetic information, citizenship, primary language, immigration status (except where explicitly prohibited by federal law), arbitrary characteristics, and all other classes of individuals protected from discrimination under state or federal fair housing laws, individuals perceived to be a member of any of the preceding classes, or any individual or person associated with any of the preceding classes be excluded from participation in, be denied the benefits of, or be subjected to discrimination under, any program or activity funded in whole or in part with program funds made available pursuant to this NOFA.

Recipients shall comply with the requirements contained in the ADA, the Fair Housing Amendments Act, the California Fair Employment and Housing Act, the Unruh Act, GC Section 11135, Section 504 of the Rehabilitation Act, and regulations promulgated pursuant to those statutes, including 24 CFR Part 100, 24 CFR Part 8, and 28 CFR Part 35, in all of the Sponsor's activities.

IV. Other terms and conditions

A. Right to modify or suspend

The Department reserves the right, at its sole discretion, to suspend, amend, or modify the provisions of this NOFA 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.

B. Disclosure of application

Information provided in the application will become a public record and available for review by the public, pursuant to the California Public Records Act (GC Section 6250 et seq.). As such, any materials provided will be disclosed to any person making a request under this Act. The Department cautions Applicants to use discretion in providing information not specifically requested, including, but not limited to, bank account numbers, personal phone numbers, and home addresses.

By providing this information to the Department, the Applicant is waiving any claim of confidentiality and consents to the disclosure of submitted material upon request.

C. Conflicts

In the event of any conflict between the terms of this NOFA and either applicable state or federal law or regulation, the terms of the applicable state or federal law or regulation shall control. Applicants are deemed to have fully read and understand all applicable state and federal laws, and regulations pertaining to PLHA, and understand and agree that the Department shall not be responsible for any errors or omissions in the preparation of this NOFA.

Department of Housing and Community Development
2022 PLHA Entitlement and Non-Entitlement Local Government Formula Allocation NOFA

19 APPENDICES

Appendix A
Entitlement and Non-Entitlement Local Government Formula Allocation for Calendar years 2019, 2020, and 2021.

Please refer to Section II.A. Eligible Applicants for a discussion of the definition of Entitlement and Non-Entitlement Local Governments.

Entitlement Local Government Non-Entitlement Local Government Local Gov
Funding
Amount
2019
Funding
Amount
2020
Funding
Amount
2021
Local Gov
Funding
Amount
2019
Funding
Amount
2020
Funding
Amount
2021
Alameda $868,493 $955,750
Alpine
County $68,065 $106,216 $116,768
Alameda
County $1,451,516 $1,597,349 Alturas $79,305 $123,577 $128,224 Alhambra $796,443 Amador City $65,861 $100,869 $112,445 Aliso Viejo $119,177 $185,238 $203,849
Amador
County $134,185 $203,299 $275,316
Anaheim $3,686,550
American
Canyon $117,435 $178,785 $199,555
Antioch $612,764 $674,328 Anderson $103,770 $163,160 $178,480 Apple Valley $446,959 $491,865 Angels $81,289 $127,049 $128,764 Bakersfield $2,960,656 Arcata $176,062 $284,687 $208,201 Baldwin Park $758,781 $835,015 Artesia $135,728 $204,479 $213,605 Bellflower $878,539 Arvin $220,799 $217,928
Berkeley $2,212,637 Atwater $158,209 $247,535 $269,804 Buena Park $573,917 $631,578 Auburn $119,859 $185,382 $203,337 Burbank $816,205 Avenal $104,652 $168,021 $177,939
Camarillo $231,519 Benicia $141,459 $222,187 $229,276 Carlsbad $272,582 $423,678 $466,244 Biggs $70,710 $109,341 $121,739 Carson $709,383 Bishop $83,713 $132,952 $146,057
Cathedral
City $484,445 Blue Lake $68,285 $105,521 $117,957
Cerritos $109,213 $169,751 $186,806 Brawley $151,156 $240,243 $234,139 Chico $390,348 $606,721 $667,678 Butte County $333,428 $494,061 $610,245 Chino $249,365 $387,590 $426,531
Calaveras
County $429,217
Chino Hills $303,241 Calexico $203,832 $307,951 $284,935 Chula Vista $1,646,765 $1,812,214 Calimesa $88,783 $138,507 $156,324 Citrus
Heights $486,125 $534,966 Calipatria $77,101 $120,452 $122,280 Clovis City $625,364 Calistoga $85,256 $133,646 $134,709 Compton $769,720 $1,196,383 $1,316,582 Capitola $105,092 $180,868 $195,772 Concord $836,053
Carmel-by-
the-Sea $81,950 $130,174 $140,653
Contra Costa
County $3,712,024 Chowchilla $164,970

Department of Housing and Community Development
2022 PLHA Entitlement and Non-Entitlement Local Government Formula Allocation NOFA

20 Entitlement Local Government Non-Entitlement Local Government Local Gov
Funding
Amount
2019
Funding
Amount
2020
Funding
Amount
2021
Local Gov
Funding
Amount
2019
Funding
Amount
2020
Funding
Amount
2021
Corona $995,498 Clearlake $145,867 $208,993 $232,518 Costa Mesa $904,122 Coalinga $165,243 $170,374
Cupertino
City $283,100 Colfax $72,032 $113,855 $125,522
Daly City $875,455 Colusa $85,917 $135,035 $161,187 Davis $470,837 $518,142
Colusa
County $83,493 $136,077 $152,541
Delano City $556,115 Corcoran $113,908 $178,438 $179,560 Downey $889,923 Corning $92,529 $143,368 $150,380
El Cajon $645,382 $1,003,123 $1,103,906 Crescent City $80,848 $125,660 $142,274 El Centro
(Colonia
Only) $245,998 $382,358 $420,773
Del Norte
County $140,797 $210,729 $214,685
El Monte $1,449,267 Dinuba $230,897
Elk Grove $439,787 $683,565 $752,243 Dixon $115,451 $189,896 $194,691 Encinitas $156,044 $242,541 $266,909 Dorris $66,522 $103,785 $116,876 Escondido $842,911 $1,310,146 $1,441,775 Dos Palos $82,832 $120,799 $143,355 Fairfield $668,640 Dunsmuir $72,032 $111,424 $124,441 Fontana $1,678,180
El Centro
(Colonia
Only) $216,175 $311,076 $283,314
Fountain
Valley $247,348
El Dorado
County $973,923
Fremont $1,096,685 Etna $67,183 $105,521 $114,714
Fresno $5,828,601 Eureka $346,539
Fresno
County $2,810,897 Exeter $164,970
Fullerton $1,177,577 Farmersville $176,858
Garden
Grove $1,700,794 Ferndale $71,150 $108,994 $121,739 Gardena $329,877 $512,732 $564,246 Firebaugh $95,395 $144,410 $159,566 Gilroy City $417,798 Fort Bragg $106,856 $163,507 $142,814 Glendale $867,025 $1,347,626 $1,483,020 Fort Jones $69,167 $106,910 $115,795 Glendora
City $130,258 $202,461 $222,802 Fortuna $108,619 $171,840 $171,995 Goleta $160,810 Fowler $81,069 $126,355 $139,032
Hanford $505,389
Glenn
County $201,716
Hawthorne $1,048,208 Grass Valley $225,493
Hayward $1,012,998 $1,114,773 Greenfield $139,916 $211,076 $213,605 Hemet $688,525 Gridley $92,529 $144,410 $143,895
Hesperia $505,777 $786,135 $865,117
Grover
Beach $181,182
Huntington
Beach $938,184 Guadalupe $101,125 $160,035 $166,051

Department of Housing and Community Development
2022 PLHA Entitlement and Non-Entitlement Local Government Formula Allocation NOFA

21 Entitlement Local Government Non-Entitlement Local Government Local Gov
Funding
Amount
2019
Funding
Amount
2020
Funding
Amount
2021
Local Gov
Funding
Amount
2019
Funding
Amount
2020
Funding
Amount
2021
Huntington
Park $651,678 $1,012,910 $1,114,676 Gustine $73,575 $118,021 $150,920 Indio City $779,909 Hidden Hills $71,371 $111,077 $124,982 Inglewood $735,776 $1,143,625 $1,258,523 Hollister $180,249 $280,173 $290,339 Irvine $1,296,497 Holtville $82,611 $131,563 $121,739 Kern County $3,695,204
Humboldt
County $595,871
La Habra $604,420 $665,145 Huron $153,438 $143,355 La Mesa $293,468 $322,953 Imperial $91,427 $147,535 $169,834 Laguna
Niguel $262,411
Imperial
County $173,858 $260,034 $311,954
Lake
Elsinore $425,098 Indian Wells $88,783 $135,730 $163,889 Lake Forest $221,070 $343,611 $378,133 Industry $65,596 $101,632 $110,824 Lakewood $270,847 $420,981 $463,277 Inyo County $103,770 $166,285 $220,630 Lancaster $1,188,528 Ione $75,338 $118,716 $141,734 Livermore $356,702 Jackson $87,460 $133,299 $143,355 Lodi $575,172 King City $205,868 $173,616
Lompoc $227,027 $352,871 $388,324 Kings County $163,499 $249,965 $304,389 Long Beach $5,006,175 Lake County $241,741 $360,728 $401,658 Los Angeles $44,847,783 Lakeport $79,305 $126,702 $163,889 Los Angeles
County $18,858,143
Lassen
County $102,007 $155,868 $187,666
Lynwood $981,371 $1,079,969 Lemoore $145,205 $217,326 $237,381 Madera $422,319 $656,414 $722,364 Lincoln $203,171 $314,201 $344,377 Marin County $1,241,068 Lindsay $189,201 $197,393 Menifee $1,079,969 Live Oak $89,664 $132,952 $156,324 Merced $722,364 Livingston $108,839 $172,882 $179,560 Milpitas City $238,595 $370,850 $408,109 Loomis $81,730 $123,577 $147,678 Mission Viejo $353,526 Los Banos $188,184 $292,326 $289,258 Modesto $1,658,723 Loyalton $67,624 $105,521 $116,336 Montebello $316,758 $492,340 $541,805
Madera
County $484,877
Monterey $180,952 $199,132
Mammoth
Lakes $81,730 $123,924 $154,162
Monterey
County $1,109,035 Maricopa $66,742 $105,869 $116,336 Monterey
Park $318,871 $495,625 $545,420 Marina $157,548 $235,382 $234,139 Moreno
Valley $1,761,457
Mariposa
County $235,220
Mountain
View $256,551 $398,761 $438,824 Marysville $169,063 $183,883 Napa City $544,289 McFarland $112,806 $174,618 $177,939

Department of Housing and Community Development
2022 PLHA Entitlement and Non-Entitlement Local Government Formula Allocation NOFA

22 Entitlement Local Government Non-Entitlement Local Government Local Gov
Funding
Amount
2019
Funding
Amount
2020
Funding
Amount
2021
Local Gov
Funding
Amount
2019
Funding
Amount
2020
Funding
Amount
2021
National City $672,542
Mendocino
County $578,903
Newport
Beach $290,118
Merced
County $625,917
Norwalk $592,762 $921,336 $1,013,902
Modoc
County $76,440 $120,105 $146,597
Oakland $5,757,902 $6,336,392 Mono County $77,101 $113,855 $136,870 Oceanside $1,008,982 $1,110,353 Montague $68,726 $105,174 $116,876 Ontario $1,573,664
Mount
Shasta $89,885 $141,285 $153,082
Orange $1,039,081 Napa County $220,451 $261,158
Orange
County $2,175,998 Nevada City $136,870
Oxnard $1,981,457
Nevada
County $566,474
Palm Desert $293,014 Orange Cove $101,345 $156,563 $149,299 Palm Springs $328,816 Orland $143,355
Palmdale $1,332,565 Oroville $224,412
Palo Alto $231,496 $359,817 $395,967 Pacific Grove $188,207 Paradise $93,596 $145,477 $160,093
Palos Verdes
Estates $96,717 $157,257 $170,914
Paramount
City $438,197 $681,094 $749,523 Parlier $199,965 $208,741 Pasadena $1,454,952 $1,601,129 Pismo Beach $99,582 $157,604 $184,964 Perris City $725,136 $797,990
Placer
County $813,970
Petaluma $315,338 Placerville $110,823 $173,924 $181,182 Pico Rivera $338,973 $526,870 $579,804
Plumas
County $187,118 $217,387
Pittsburg $543,387 Plymouth $67,404 $104,757 $116,876 Placentia $333,825 $367,364 Point Arena $67,404 $103,785 $114,174 Pleasanton
City $151,089 $234,839 $258,433 Portola $75,338 $119,757 $120,659 Pomona $1,827,543
Rancho
Mirage $172,094 $282,257 $335,191
Porterville $586,270 Red Bluff $124,047 $189,201 $200,095 Rancho
Cordova City $285,366 $443,548 $488,110 Rio Dell $79,085 $118,716 $141,193 Rancho
Cucamonga $450,476 $700,179 $770,526 Rio Vista $96,276 $149,271 $157,945 Rancho
Santa
Margarita $173,436 Riverbank $193,021 $206,039
Redding $576,110
San Benito
County $121,182 $175,313 $213,064
Redondo
Beach $130,830 $203,351 $223,781 San Joaquin $78,644 $123,924 $128,764

Department of Housing and Community Development
2022 PLHA Entitlement and Non-Entitlement Local Government Formula Allocation NOFA

23 Entitlement Local Government Non-Entitlement Local Government Local Gov
Funding
Amount
2019
Funding
Amount
2020
Funding
Amount
2021
Local Gov
Funding
Amount
2019
Funding
Amount
2020
Funding
Amount
2021
Redwood
City $594,763
San Juan
Bautista $75,999 $114,549 $122,280
Rialto $597,786 $929,145 $1,022,495
San Juan
Capistrano $236,452 $359,687 $335,191
Riverside $2,521,285 $2,774,596 Sand City $67,139 $104,063 $112,445 Riverside
County $6,835,329
Santa Cruz
County $895,101 $916,102
Rocklin City $230,295 Scotts Valley $103,770 $166,979 $171,995 Rosemead $343,238 $533,498 $587,099
Shasta
County $578,903
Roseville $536,004 Shasta Lake $174,157
Sacramento $4,031,691
Sierra
County $124,441
Sacramento
County $4,229,006 $4,653,890
Siskiyou
County $260,618
Salinas $1,722,182
Solano
County $201,701 $240,083
San
Bernardino $2,521,132 $2,774,428 Soledad $120,961 $188,160 $188,207 San
Bernardino
County $5,916,756 Sonora $91,427 $138,507 $143,895
San
Buenaventur
a $555,571 $611,389
South Lake
Tahoe $299,525
San
Clemente $323,348 St. Helena $89,003 $137,118 $149,299 San Diego $9,903,933 Suisun City $154,683 $222,187 $257,916 San Diego
County $3,077,481 $3,386,672 Susanville $93,191 $141,632 $146,597 San
Francisco $13,550,527 $14,911,935
Sutter
County $181,910 $211,983
San Joaquin
County $2,241,046 Sutter Creek $78,644 $121,841 $128,764 San Jose $7,438,226 Taft $90,546 $140,591 $136,330
San Leandro $543,946 $598,596 Tehama $65,596 $101,632 $111,256 San Luis
Obispo
County $1,492,388
Tehama
County $186,685 $318,784 $414,843
San Marcos
City $319,178 $496,102 $545,945 Trinidad $66,081 $101,702 $111,256 San Mateo $584,800
Trinity
County $121,622 $186,424 $219,008
San Mateo
County $2,068,899 Truckee $181,722
Santa Ana $4,795,654
Tulare
County $969,060
Santa
Barbara $775,030 Tulelake $68,506 $106,563 $115,795

Department of Housing and Community Development
2022 PLHA Entitlement and Non-Entitlement Local Government Formula Allocation NOFA

24 Entitlement Local Government Non-Entitlement Local Government Local Gov
Funding
Amount
2019
Funding
Amount
2020
Funding
Amount
2021
Local Gov
Funding
Amount
2019
Funding
Amount
2020
Funding
Amount
2021
Santa
Barbara
County $974,603
Tuolumne
County $242,182 $368,367 $476,771
Santa Clara $820,156 Ukiah $129,777 $199,618 $187,666 Santa Clara
County $1,260,160 Vernon $65,376 $100,591 $111,472
Santa Clarita $588,259 $914,338 $1,006,200 Wasco $135,508 $205,174 $244,947 Santa Cruz $452,837 Weed $76,661 $120,105 $131,466
Santa Maria $1,254,581 Westmorland $72,693 $113,507 $117,957 Santa
Monica $936,510 Wheatland $72,032 $110,035 $123,361 Santa Rosa $1,187,622 Williams $80,848 $126,355 $135,249 Santee $134,374 $208,859 $229,843 Willits $92,309 $137,813 $141,734 Seaside $193,124 $300,175 $330,334 Willows $138,491 Simi Valley $451,305 $496,647 Winters $136,077 $177,399 Sonoma
County $1,538,385 Woodlake $136,424 $150,380
South Gate $1,233,796 Yolo County $222,882 $234,679 South San
Francisco $372,849 Yountville $81,069 $127,049 $133,087 Stanislaus
County $1,975,561 Yreka $102,007 $154,827 $162,268
Stockton $2,660,093 $2,927,349 Yuba County $483,256 Sunnyvale $533,023 $828,483 $911,720
Temecula $467,631
Thousand
Oaks $506,368
Torrance $760,089
Tulare $494,944 $544,671
Turlock $309,854 $481,610 $529,997
Tustin $659,464
Union City $394,694 $434,349
Upland $431,845 $475,232
Vacaville $240,500 $373,812 $411,368
Vallejo $864,418
Ventura
County $1,470,575
Victorville $1,082,334
Visalia $1,078,990
Vista $635,530 $699,381
Walnut
Creek $236,813
Watsonville $362,515 $563,461 $620,071
West Covina $388,763 $604,258 $664,967

Department of Housing and Community Development
2022 PLHA Entitlement and Non-Entitlement Local Government Formula Allocation NOFA

25 Entitlement Local Government Non-Entitlement Local Government Local Gov
Funding
Amount
2019
Funding
Amount
2020
Funding
Amount
2021
Local Gov
Funding
Amount
2019
Funding
Amount
2020
Funding
Amount
2021

West
Sacramento

$236,679

$367,872

$404,832
Westminster $873,327
Whittier $595,595 $655,434
Woodland $387,006 $425,889
Yorba Linda $182,215
Yuba City $483,607 $532,195

Department of Housing and Community Development
2022 PLHA Entitlement and Non-Entitlement Local Government Formula Allocation NOFA

26 Appendix B
List of High-cost Areas in California

High-cost Area by
County
High-cost Area pursuant to Federal
Housing Finance Agency’s Maximum
Loan Limits for Mortgages Acquired
in Calendar Year 2020
High-cost Area pursuant to
Department of Housing and Urban
Development Very Low-Income
Adjustments due to High-Housing
Cost for Fiscal Year 2020-21
Alameda x
Contra Costa x
El Dorado x
Imperial x
Los Angeles x
Madera x
Marin x
Merced x
Monterey x
Napa x
Orange x
Placer x
Sacramento x
San Benito x
San Diego x
San Francisco x
San Luis Obispo x
San Mateo x
Santa Barbara x
Santa Clara x
Santa Cruz x
Solano x
Sonoma x
Tulare x
Ventura x
Yolo x

Department of Housing and Community Development
2022 PLHA Entitlement and Non-Entitlement Local Government Formula Allocation NOFA

27 Appendix C
Estimate of Five-Year PLHA Allocation for Entitlement and Non-Entitlement Local government

Entitlement Local government Non-Entitlement Local government Local government Estimate 5-Year
Funding Amount Local government Estimate 5-Year
Funding Amount
Alameda $3,352,590 Alpine County $408,390
Alhambra $2,793,768 Alturas $475,835
Aliso Viejo $715,062 Amador City $395,168
Anaheim $12,931,710 Amador County $805,115
Antioch $2,365,410 American Canyon $704,612
Apple Valley $1,725,366 Anderson $622,622
Bakersfield $10,385,412 Angels $487,737
Baldwin Park $2,929,068 Arcata $1,056,372
Bellflower $3,081,744 Artesia $814,372
Berkeley $7,761,504 Arvin $831,563
Buena Park $2,215,452 Atwater $949,257
Burbank $2,863,092 Auburn $719,158
Camarillo $812,124 Avenal $627,912
Carlsbad $1,635,492 Benicia $848,754
Carson $2,488,380 Biggs $424,261
Cathedral City $1,699,338 Bishop $502,283
Cerritos $655,278 Blue Lake $409,715
Chico $2,342,088 Brawley $906,940
Chino $1,496,190 Butte County $2,000,572
Chino Hills $1,063,710 Calaveras County $1,238,865
Chula Vista $6,356,898 Calexico $1,222,996
Citrus Heights $1,876,554 Calimesa $532,699
Clovis City $2,193,654 Calipatria $462,611
Compton $4,618,320 Calistoga $511,540
Concord $2,932,710 Capitola $630,557
Corona $3,492,018 Carmel-by-the-Sea $491,704
Costa Mesa $3,171,486 Chowchilla $662,295
Cupertino City $993,060 Clearlake $875,203
Daly City $3,070,926 Coalinga $618,655
Davis $1,817,544 Colfax $432,196
Delano City $1,950,744 Colusa $515,507
Downey $3,121,674 Colusa County $500,961
El Cajon $3,872,292 Corcoran $683,453
El Centro $1,475,988 Corning $555,180
Elk Grove $2,638,722 Crescent City $485,092
El Monte $5,083,752 Del Norte County $844,787

Department of Housing and Community Development
2022 PLHA Entitlement and Non-Entitlement Local Government Formula Allocation NOFA

28 Entitlement Local government Non-Entitlement Local government Local government Estimate 5-Year
Funding Amount Local government Estimate 5-Year
Funding Amount
Encinitas $936,264 Dinuba $889,749
Escondido $5,057,466 Dixon $692,710
Fairfield $2,345,460 Dorris $399,135
Fontana $5,886,732 Dos Palos $496,994
Fountain Valley $867,648 Dunsmuir $432,196
Fremont $3,846,960 El Centro $1,297,051
Fresno $20,445,618 El Dorado County $2,879,974
Fullerton $4,130,712 Etna $403,103
Gardena $1,979,262 Eureka $1,125,138
Garden Grove $5,966,058 Exeter $586,917
Gilroy City $1,465,554 Farmersville $589,562
Glendale $5,202,150 Ferndale $426,906
Glendora City $781,548 Firebaugh $572,371
Goleta $564,090 Fort Bragg $641,136
Hanford $1,772,808 Fort Jones $415,004
Hawthorne $3,676,914 Fortuna $651,715
Hayward $3,910,410 Fowler $486,414
Hemet $2,415,216 Glenn County $641,136
Hesperia $3,034,662 Grass Valley $813,049
Huntington Beach $3,290,970 Greenfield $839,497
Huntington Park $3,910,068 Gridley $555,180
Indio City $2,735,772 Grover Beach $727,093
Inglewood $4,414,656 Guadalupe $606,754
Irvine $4,547,862 Gustine $441,452
Laguna Niguel $920,484 Hidden Hills $428,228
La Habra $2,333,202 Hollister $1,081,498
Lake Forest $1,326,420 Holtville $495,671
Lake Elsinore $1,491,162 Humboldt County $2,066,693
Lakewood $1,625,082 Huron $597,497
La Mesa $1,132,854 Imperial $548,568
Lancaster $4,169,130 Imperial County $1,043,148
Livermore $1,251,240 Indian Wells $532,699
Lodi $2,017,590 Industry $393,581
Lompoc $1,362,162 Inyo County $622,622
Long Beach $17,560,704 Ione $452,032
Los Angeles $157,317,438 Jackson $524,764
Lynwood $3,788,322 King City $805,115
Madera $2,533,914 Kings County $980,995
Menifee $1,509,624 Lake County $1,450,450
Merced $3,112,314 Lakeport $475,835
Milpitas City $1,431,570 Lassen County $612,043
Mission Viejo $1,240,098 Lemoore $871,235

Department of Housing and Community Development
2022 PLHA Entitlement and Non-Entitlement Local Government Formula Allocation NOFA

29 Entitlement Local government Non-Entitlement Local government Local government Estimate 5-Year
Funding Amount Local government Estimate 5-Year
Funding Amount
Modesto $5,818,482 Lincoln $1,219,029
Montebello $1,900,548 Lindsay $703,289
Monterey $698,514 Live Oak $537,988
Monterey Park $1,913,226 Livingston $653,038
Moreno Valley $6,178,854 Loomis $490,382
Mountain View $1,539,306 Los Banos $1,129,105
Napa City $1,909,260 Loyalton $405,747
National City $2,359,146 Madera County $1,643,522
Newport Beach $1,017,678 Mammoth Lakes $490,382
Norwalk $3,556,572 Maricopa $400,458
Oakland $22,226,850 Marina $945,290
Oceanside $3,894,906 Mariposa County $770,732
Ontario $5,520,108 Marysville $662,295
Orange $3,644,898 McFarland $676,841
Oxnard $6,950,574 Mendocino County $2,099,753
Palmdale $4,674,384 Merced County $1,865,687
Palm Desert $1,027,836 Modoc County $458,644
Palm Springs $1,153,422 Mono County $462,611
Palo Alto $1,388,976 Montague $412,359
Paradise $561,576 Mount Shasta $539,311
Paramount City $2,629,182 Napa County $859,334
Pasadena $5,616,456 Nevada City $473,190
Perris City $2,799,192 Nevada County $1,837,916
Petaluma $1,106,142 Orange Cove $608,076
Pico Rivera $2,033,838 Orland $555,180
Pittsburg $1,906,098 Oroville $822,306
Placentia $1,288,644 Pacific Grove $712,546
Pleasanton City $906,534 Palos Verdes Estates $580,305
Pomona $6,410,670 Parlier $801,148
Porterville $2,056,524 Pismo Beach $597,497
Rancho Cordova City $1,712,196 Placer County $2,730,542 Rancho Cucamonga $2,702,856 Placerville $664,940
Rancho Santa Margarita $608,376 Plumas County $727,093
Redding $2,020,884 Plymouth $404,425
Redondo Beach $784,980 Point Arena $404,425
Redwood City $2,086,314 Portola $452,032
Rialto $3,586,716 Rancho Mirage $1,032,569
Riverside $9,732,750 Red Bluff $744,284
Rocklin City $807,828 Rio Dell $474,513
Rosemead $2,059,428 Rio Vista $577,661
Roseville $1,880,196 Riverbank $732,382
Sacramento $14,142,402 San Benito County $727,093

Department of Housing and Community Development
2022 PLHA Entitlement and Non-Entitlement Local Government Formula Allocation NOFA

30 Entitlement Local government Non-Entitlement Local government Local government Estimate 5-Year
Funding Amount Local government Estimate 5-Year
Funding Amount
Salinas $6,041,082 San Joaquin $471,868
San Bernardino $9,732,162 San Juan Bautista $455,999
San Clemente $1,134,240 San Juan Capistrano $1,418,712
San Diego $34,741,098 Sand City $402,838
San Francisco $52,308,210 Santa Cruz County $3,395,713
San Jose $26,091,876 Scotts Valley $622,622
San Leandro $2,099,760 Shasta County $1,721,544
San Marcos City $1,915,068 Shasta Lake $613,366
San Mateo $2,051,364 Sierra County $405,747
Santa Ana $16,822,236 Siskiyou County $852,722
Santa Barbara $2,718,654 Solano County $769,410
Santa Clara $2,876,946 Soledad $725,770
Santa Clarita $3,529,554 Sonora $548,568
Santa Cruz $1,588,464 South Lake Tahoe $994,219
Santa Maria $4,400,826 St. Helena $534,021
Santa Monica $3,285,096 Suisun City $928,099
Santa Rosa $4,165,950 Susanville $559,147
Santee $806,244 Sutter County $698,000
Seaside $1,158,744 Sutter Creek $471,868
Simi Valley $1,742,142 Taft $543,278
South Gate $4,327,920 Tehama $393,581
South San Francisco $1,307,880 Tehama County $1,120,113 Stockton $10,268,580 Trinidad $396,491
Sunnyvale $3,198,138 Trinity County $729,738
Temecula $1,640,358 Truckee $627,912
Thousand Oaks $1,776,240 Tulare County $3,501,506
Torrance $2,666,244 Tulelake $411,037
Tulare $1,910,598 Tuolumne County $1,453,095
Turlock $1,859,124 Ukiah $778,667
Tustin $2,313,270 Vernon $392,259
Union City $1,523,610 Wasco $813,049
Upland $1,667,022 Weed $459,966
Vacaville $1,443,000 Westmorland $436,163
Vallejo $3,032,214 Wheatland $432,196
San Buenaventura $2,144,634 Williams $485,092
Victorville $3,796,620 Willits $553,857
Visalia $3,784,890 Willows $561,792
Vista $2,453,292 Winters $532,699
Walnut Creek $830,694 Woodlake $539,311
Watsonville $2,175,090 Yolo County $819,661
West Covina $2,332,578 Yountville $486,414
Westminster $3,063,462 Yreka $612,043

Department of Housing and Community Development
2022 PLHA Entitlement and Non-Entitlement Local Government Formula Allocation NOFA

31 Entitlement Local government Non-Entitlement Local government Local government Estimate 5-Year
Funding Amount Local government Estimate 5-Year
Funding Amount
West Sacramento $1,420,074 Yuba County $1,634,265
Whittier $2,299,140
Woodland $1,493,934
Yorba Linda $639,174
Yuba City $1,866,840
Alameda County $5,603,190
Contra Costa County $13,021,068
Fresno County $9,860,088
Kern County $12,962,064
Los Angeles County $66,150,756
Marin County $4,353,426
Monterey County $3,890,280
Orange County $7,632,984
Riverside County $23,977,026
Sacramento County $16,324,956
San Bernardino County $20,754,846
San Diego County $11,879,796
San Joaquin County $7,861,158
San Luis Obispo County $5,235,012
San Mateo County $7,257,300
Santa Barbara County $3,418,722
Santa Clara County $4,420,398
Sonoma County $5,396,358
Stanislaus County $6,929,892
Ventura County $5,158,494

Department of Housing and Community Development
2022 PLHA Entitlement and Non-Entitlement Local Government Formula Allocation NOFA

32 Appendix D
Housing Element and Annual Progress Report (APR) Submittal Status Requirement stated in Guidelines Section 302(a) and (b)

To be eligible to apply, jurisdictions are required to have a housing element that has been adopted by the jurisdiction’s governing body and subsequently determined to be in substantial compliance with state Housing Element Law pursuant to GC Section 65585 by the application date. If the application is submitted within 120 days of the housing element due date, the Department may refer to the jurisdiction’s compliance from the prior cycle.

To verify current status and eligibility for PLHA funds, please consult the following resources:

Housing Element Compliance: Housing Element Review and Compliance Report | California Department of Housing and Community Development

Annual Progress Report Submittal: Annual Progress Reports - Data Dashboard and Downloads | California Department of Housing and Community Development

Please note that PLHA is an over-the-counter program, allowing Applicants to apply at any point during the OTC application window of August 17 to October 31. If a jurisdiction is currently out of compliance, that jurisdiction, once it reaches compliance with the housing element and APR requirements, will be eligible for these funds.

For questions about Housing Element Compliance, please email [email protected]. For inquiries on status of APR submittal, please email [email protected].

Update: 09/28/22
City of Montbello PLHA Formula - Working Draft Budget
PLHA Allocation Years
2019
Allocation
2020
Allocation
2021
Allocation
TBD 2022
Allocation
TBD 2023
Allocation Total Total 5-Yr Allocation $1,900,548
Formula Allocation $ 316,758 $ 492,340 $ 541,805 $ 274,823 $ 274,822 $ 1,900,548 First 3 Yrs Allocation $1,350,903 Award Deadline Apr-23 Apr-24 Apr-25 Apr-26 Apr-27 *** Remainder for Yrs 4-5 $549,645 Expenditure Deadline 4/30/2024 4/30/2025 4/30/2026 4/30/2027 4/30/2028 *** Split for Years 4 and 5 $274,823 1) Rental Assistance (Eligible Activity 6b)
Rental Assistance for Up to 12 months for
homeless and older adults for households
up to 30 percent AMI* $ 30,200 $ 125,308 $ 126,065 $ - $ - $ 281,573 2) Homeless Assistance Program (Eligible
Activity 6c)
MCAP Team: Street outreach and
supportive case management to assist
homeless persons of up to 30% AMI (see
annual budget for costs) $ 270,720 $ 342,415 $ 388,650 $ - $ - $ 1,001,785 3) Capital Reserves for Permanent
Supportive Housing Services (Eligible
Activity 5)
Funds to services connected to
permanent supportive housing (new or
preserve existing) for households up to
30% of AMI $ - $ - $ - $ 261,082 $ 261,081 $ 522,163
Local Admin (5%) $ 15,838 $ 24,617 $ 27,090 $ 13,741 $ 13,741 $ 95,027 Total Costs $ 316,758 $ 492,340 $ 541,805 $ 274,823 $ 274,822 $ 1,900,548 Remaining PLHA Funds to be Allocated 0 0 0 0 0 0

MCAP COVERAGE BY PLHA
(ANNUALLY):

Percent of MCAP Covered by PLHA in Each Year
MCAP Annual Cost = $409, 453 (see next
sheet for breakdown of annual costs) 66% 84% 95% 0% 0%
NUMBER OF PERSONS SERVED BY PLHA:

1. Rental Assistance: RA for 1 person for
up to 6 months = $15,000 (per AP and LC
for $2K plus deposits)
Total
Budgeted
amount for
RA = $ 281,573
TOTAL

PERSONS
PROVIDED RA 18.77

2. MCAP Team
Annual #
persons
served by
MCAP Year 1 Year 2 Year 3 Year 4 Year 5
TOTAL

SERVED BY
MCAP
(see list of annual expenses in next sheet) 100 66.12 83.63 94.92 0.00 0.00 244.66

3. Capital Reserves for Permanent
Supportive Housing (PSH) Services
Persons
served Year 1 Year 2 Year 3 Year 4 Year 5
TOTAL

SERVED BY
PSH
by PSH 0.00 0.00 0.00 60.00 60.00 120.00
60

MCAP Annual Budget (from Montebello FD) - 9/26/22
Personnel FTE Budget
Social Worker 1 $ 79,722.00
Field Case Coordinator 1 $ 59,225.00
Housing Navaigator 1 $ 103,000.00
Senior Management Analyst 0.25 $ 22,484.00
Salaries Subtotal $ 264,431.00
Employee Benefits @ 26% $ 68,752
Subtotal Salaries & Employee Benefits $ 333,183.06
Operating Costs
Direct Client Assistance $ 5,000.00
Hotel Vouchers $ 25,000.00
Program Supplies (hygiene kits) $ 2,500.00
Office Supplies, Postage, Printing $ 500.00
Uniforms $ 2,500.00
Telephone/Communications $ 1,200.00
Transportation $ 6,000.00
Case Management Software $ 24,720.00
GIS Software Subsciption $ 6,350.00
Client Transportation $ 2,500.00
Operating Costs Subtotal $ 76,270.00
Total Cost $ 409,453.06

CA HCD Permanent Local Housing Allocation (PLHA) Grant Program – Formula Funding Component
CITY OF MONTEBELLO’S PLHA EXPENDITURE PLAN FOR THE
2019-2023 ALLOCATIONS

4. MONTEBELLO’S PLAN TO SPEND PLHA FORMULA FUNDS: (See list on next page of eligible PLHA formula activities; source: 2022 Notice of Funding Opportunity, pp. 7-9) 1) Rental assistance for up to six months for homeless persons and low-income older adults in Montebello (i.e., persons below 30% of Area Median Income – below $21,407).  The City estimates it will be able to provide rental assistance to 19 persons during Years 1-3. (see Eligible Activity 6b, next page).
2) Operating Support for the Montebello Community Assistance Program (MCAP). MCAP provides street outreach and supportive case management services to assist homeless persons in acquiring employment, housing, and other needed services.
 The City estimates that MCAP will provide services for 245 homeless persons during Years 1-3 (see Eligible Activity 6c, next page).
3) Capital Reserves for Services Related to Permanent Supportive Housing. PSH is long-term leasing or rental assistance and supportive services for the chronically homeless and persons with disabilities (i.e., persons below 30% of Area Median Income).  The City estimates that funding for PSH will serve 120 households during Years 4-5 (see Eligible Activity 5, next page).

3. MONTEBELLO’S PLHA FORMULA ALLOCATIONS: TOTAL (Estimated): $1,900,548 • 2019 allocation: $316,758 (can be claimed now) • 2020 allocation: $492,340 (can be claimed now) • 2021 allocation: $541,805 (can be claimed now) • 2022 and 2023 allocations: $549,645 (can be claimed in FUTURE call for projects)

1. BACKGROUND: In 2017, Governor Jerry Brown signed a 15-bill housing package aimed at addressing the state’s housing shortage and high housing costs. TheBuilding Homes and Jobs Act (SB 2, 2017), established a $75 recording fee on real estate documents to increase the supply of affordable homes. 70% of the fees collected fund the PLHA Program, which is administered by the California Department of Housing and Community Development (CA HCD) See: https://www.hcd.ca.gov/grants-funding/active-funding/plha.shtml

2. PURPOSE OF PLHA FORMULA FUNDS: Provide a permanent source of funding to all local governments to:
• Increase the supply of housing for households at or below 60% of area median income • Increase assistance to affordable owner-occupied workforce housing • Assist persons experiencing or at risk of homelessness • Facilitate housing affordability, particularly for lower-and moderate-income households • Promote projects and programs to meet the local government’s unmet share of regional housing needs allocation
• Ensure geographic equity in the distribution of the funds Update 9/27/22 Page 1

5. ELIGIBLE ACTIVITIES: PLHA funds allocated to eligible Applicants must be used to carry out one or more of the eligible activities listed below. All activities must be provided within the county containing the Local government recipient and must be consistent with the Housing Element. (See 2022 Notice of Funding Opportunity, p. 7-9)

1. The predevelopment, development, acquisition, rehabilitation, and preservation of multifamily, residential live- work, or rental housing that is Affordable to extremely low-, very low-, low-, or Moderate-income households (up to 120 percent of Area Median Income (AMI), or 150 percent of AMI in High-cost areas, see appendix B fora list of High- cost areas, including necessary Operating subsidies). Note: Predevelopment and/or acquisition must result in the development, rehabilitation, or preservation of housing, as otherwise there is no actual housing outcome of the predevelopment or acquisition assistance.

2. The predevelopment, development, acquisition, rehabilitation, and preservation of Affordable rental and ownership housing, including Accessory Dwelling Units (ADUs), that meets the needs of a growing workforce earning up to 120 percent of Area Median Income (AMI), or 150 percent of AMI in High-cost areas. ADUs shall be available for occupancy for a term of no less than 30 days. See Appendix B for a list of High-cost areas in California. Note:

Predevelopment and/or acquisition must result in the development, rehabilitation, or preservation of Affordable rental and ownership housing, as otherwise there is no actual housing outcome of the predevelopment or acquisition assistance.

3. Matching portions of funds placed into Local or Regional Housing Trust Funds. Matching funds must be utilized as required by PLHA guidelines Section 301(a).

4. Matching portions of funds available through the Low- and Moderate-Income Housing Asset Fund pursuant to subdivision (d) of HSC Section 34176. Matching funds must be utilized as required by PLHA guidelines Section 301(a).

5. Capitalized Reserves for Services connected to the preservation and creation of new Permanent Supportive Housing (up to 30 percent of AMI).

6. Assisting persons who are experiencing or At risk of homelessness in conformance with 24 Code of Federal
Regulations (CFR Section 578.3), (up to 30 percent of AMI), including a. Rapid rehousing in conformance with federal rules contained in 24 CFR Section 576.104, except for legal services; b. Rental assistance with a term of at least six (6) months (rental arrears is not eligible); c. Street outreach, and other supportive/case management services in conformance with federal rules contained in 24 CFR Section 576.101 that allow people to obtain and retain housing; d. Operating and capital costs for navigation centers and emergency shelters, and the new construction, rehabilitation, and preservation of permanent and transitional housing.

7. Accessibility modifications in Lower-income Owner-occupied housing (up to 80 percent of AMI).

8. Efforts to acquire and rehabilitate foreclosed or vacant homes and apartments (up to 120 percent of Area Median Income (AMI), or 150 percent of AMI in High- cost areas).

9. Homeownership opportunities, including, but not limited to, down payment assistance to those earning up to 120 percent of Area Median Income (AMI), or 150 percent of AMI in High-cost areas.

10. Fiscal incentives made by a county to a city within the county to incentivize approval of one or more Affordable housing projects, or matching funds invested by a county in an Affordable housing development project in a city within the county, provided that the city has made an equal or greater investment in the project.

Update 9/27/22 Page 2

RESOLUTION NO. 22-88

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

MONTEBELLO, STATE OF CALIFORNIA, AUTHORIZING THE

APPLICATION AND ADOPTING THE PLHA PLAN FOR THE

PERMANENT LOCAL HOUSING ALLOCATION PROGRAM

RECITALS
WHEREAS, the State of California (“State”) Department of Housing and Community Development (“Department”) is authorized to provide up to $335 million under the SB 2 Permanent Local Housing Allocation Program Formula Component from the Building Homes and Jobs Trust Fund for assistance to Cities and Counties (as described in Health and Safety Code section 50470 et seq.(Chapter 364, Statutes of 2017 (SB 2)).

WHEREAS, the State of California, Department of Housing and Community Development issued a Notice of Funding Availability (“NOFA”) dated 8/17/2022 under the Permanent Local Housing Allocation (PLHA) Program;
WHEREAS, the City of Montebello is an eligible Local Government who is applying for program funds to administer one or more eligible activities; and WHEREAS, the Department may approve funding allocations for PLHA Program, subject to the terms and conditions of the Guidelines, NOFA, Program requirements, the Standard Agreement, and other contracts between the Department and PLHA grant recipients;

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MONTEBELLO HEREBY RESOLVES, FINDS, AND DECLARES AS FOLLOWS:

SECTION 1. AUTHORITY. If Applicant receives a grant of PLHA funds from the Department pursuant to the above referenced PLHA NOFA, it represents and certifies that it will use all such funds in a manner consistent and in compliance with all applicable state and federal statutes, rules, regulations, and laws, including without limitation all rules and laws regarding the PLHA Program, as well as any and all contracts Applicant may have with the Department.

Applicant is hereby authorized and directed to receive a PLHA grant, in an amount not to exceed the five-year estimate of the PLHA formula allocations, as stated in Appendix C of the current NOFA $1,900,548 in accordance with all applicable rules and laws.

Applicant hereby agrees to use the PLHA funds for eligible activities as approved by the Department and in accordance with all Program requirements, Guidelines, other rules and laws, as well as in a manner consistent and in compliance with the Standard Agreement and other contracts between the Applicant and the Department.

RESOLUTION NO. 22-88

SECTION 2. ADOPTION. Pursuant to Section 302(c)(4) of the Guidelines, Applicant’s PLHA Plan for the 2019-2023 Allocations is attached to this resolution, and Applicant hereby adopts this PLHA Plan and certifies compliance with all public notice, public comment, and public hearing requirements in accordance with the Guidelines.

Not applicable: Applicant certifies that it was delegated by [insert name of the delegating local government] to submit an application on its behalf and administer the PLHA grant award for the formula allocation of PLHA funds, pursuant to Guidelines Section 300(c) and 300(d), and the legally binding agreement between the recipient of the PLHA funds and the Applicant is submitted with the PLHA application.

Not applicable: Applicant certifies that it has or will subgrant some or all of its PLHA funds to another entity or entities. Pursuant to Guidelines Section 302(c)(3), “entity” means a housing developer or program operator, but does not mean an administering Local government to whom a Local government may delegate its PLHA allocation.

Not applicable: Applicant certifies that its selection process of these subgrantees was or will be accessible to the public and avoided or shall avoid any conflicts of interest.

Pursuant to Applicant’s certification in this resolution, the PLHA funds will be expended only for eligible Activities and consistent with all program requirements.

Applicant shall be subject to the terms and conditions as specified in the Standard Agreement, the PLHA Program Guidelines and any other applicable SB 2 Guidelines published by the Department.

Not applicable: Applicant certifies that, if funds are used for the acquisition, construction or rehabilitation of for-sale housing projects or units within for-sale housing projects, the grantee shall record a deed restriction against the property that will ensure compliance with one of the requirements stated in Guidelines Section 302(c)(6)(A),(B) and (C).

Not applicable: Applicant certifies that, if funds are used for the development of an Affordable Rental Housing Development, the Local government shall make PLHA assistance in the form of a low-interest, deferred loan to the Sponsor of the Project, and such loan shall be evidenced through a Promissory Note secured by a Deed of Trust and a Regulatory Agreement shall restrict occupancy and rents in accordance with a Local government-approved underwriting of the Project for a term of at least 55 years.

The City Manager is authorized to execute the PLHA Program Application, the PLHA Standard Agreement and any subsequent amendments or modifications thereto, as well as any other documents which are related to the Program or the PLHA grant awarded to Applicant, as the Department may deem appropriate.

SECTION 3. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption by the City Council and the City Clerk shall certify to the passage and adoption of this resolution.

APPROVED AND ADOPTED this 26th day of October 2022.

RESOLUTION NO. 22-88

_______________________________
Kimberly A. Cobos-Cawthorne, Mayor
ATTEST:APPROVED AS TO FORM:

________________________________ ________________________________ Christopher Jimenez, City Clerk Arnold M. Alvarez-Glasman, City Attorney

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:

CITY OF MONTEBELLO )
I, Christopher Jimenez, City Clerk of the City of Montebello, County of Los Angeles, State of California, hereby certify that the foregoing Resolution No. 22-88 was passed and adopted by the City Council of the City of Montebello, signed by the Mayor and attested by the City Clerk at a regular meeting of said Council held on the 26th day of October 2022 and that said Resolution was adopted by the following vote, to-wit:

AYES:

NOES:

ABSTAIN:

ABSENT:

The undersigned, City Clerk of the City of Montebello, does hereby attest and certify that the foregoing Resolution is a true, full and correct copy of a resolution duly adopted at a meeting of said City which was duly convened and held on the date stated thereon, and that said document has not been amended, modified, repealed or rescinded since its date of adoption and is in full force and effect as of the date hereof.

DATE:

Christopher Jimenez, City Clerk

ITEM # 8

CITY OF MONTEBELLO

CITY COUNCIL AND PUBLIC FINANCING AUTHORITY AGENDA STAFF REPORT TO:

FROM:

BY:

Honorable Mayor and City Council Members
Arnold Glasman, City Attorney
Arnold Glasman, City Attorney
SUBJECT: AMENDMENT OF AGREEMENTS RELATED TO QUIET CANNON

MANAGEMENT AND ASSOCIATED BUSINESS ENTITIES
DATE: October 26, 2022
RECOMMENDATION(S):

It is recommended that the City Council:

1. Approve the amended Agreements related to the Quiet Cannon Management (QMC) and associated business entities related to the Golf Course Improvements in substantially the form as presented; and

2. Take such additional, related, action that may be desirable.

FISCAL IMPACT:

There is a fiscal impact in QCM permitting Topgolf to control food and beverage service at the Topgolf location only, The proposed eleventh (11th) amendment to the food and beverage license agreement would result in a flat fee paid annually to the QCM operator in-lieu of a percentage of food and beverage revenues.

The amount would begin at $250,000 annually, and be increased in the same percentage and at the same time(s) as increases to the “Base Rent” under the Driving Range Lease are applied to the tenant thereunder.

CITY COUNCIL AND PUBLIC FINANCING AUTHORITY AGENDA REPORT - MEETING OF OCTOBER 26, 2022

BACKGROUND:

Since 1974, Quiet Cannon Management (QCM) and their predecessor has been in contract with the City of Montebello to operate the Quiet Cannon banquet and meeting location, club house facility and related properties at the golf course. This right included exclusive rights for food and beverage sales and distribution for these various properties. When the Hilton Garden Inn and Home 2 Suites were constructed, QCM’s exclusive rights were extended to these two properties.

The City has recently expressed its intent to improve the golf course property to remodel and construct new golf course facilities, a new club house property and Topgolf driving range and entertainment complex, as evidenced by City Council action on September 14 and 28, 2022 approving financing plans for the projects. In order to provide these improvements and recognize the exclusive food and beverage rights of QCM, certain agreements must be entered into between the City and QCM to assist in the development of the improvements, yet preserve the rights of QCM.

The agreements presented to the City Council are necessary to accomplish the objectives of defining QCM’s role and rights vis-a-vie the new improvements at the Golf Course property.

ENVIRONMENTAL IMPACT:

Pursuant to the provisions of CEQA Section 15061(b)(3), the project is considered covered by the common sense exemption. The common sense CEQA exemption section states that “CEQA applies only to projects which have the potential for causing a significant effect on the environment” and also states that “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, the activity is not subject to CEQA.” Consideration of the above-referenced agreements by the City Council does not have the potential to degrade the quality of the environment or have a significant effect on the environment. Any future development will be subject to compliance with the Surplus Land Act, CEQA, and other applicable laws and regulations.

ANALYSIS:

N/A

DISCUSSION:

N/A

SUMMARY:

There are multiple agreements presented to the City Council for consideration and approval (all agreements will be presented prior to the City Council meeting):

CITY COUNCIL AND PUBLIC FINANCING AUTHORITY AGENDA REPORT - MEETING OF OCTOBER 26, 2022

 Assignment and Release of Food and Beverage Service Rights Between Trend Sports II and the City of Montebello.
 Food and Beverage Assignment by and between Quiet Cannon Montebello and Trend Sports II.
 Eleventh Amendment to the Existing License Agreement between the City and QC.
 Extension of the Management rights period for both the Hilton Garden Inn and Home2Suites.
 Food and Beverage Agreement for the New Golf Course Clubhouse between the Quiet Cannon Montebello and the City of Montebello.

If approved, these agreements would accomplish the following:
 Result in QCM waiving their exclusive food and beverage rights to Topgolf for the Topgolf Facility only. It would reconfirm QCM’s rights over all other newly constructed facilities.
 Transfer the QCM rights to Trend Sports II to operate the food and beverage rights over the newly constructed facilities.
 Extend the current hotel management agreements between the QCM affiliated parties and the City for a period of thirty (30) years.

ATTACHMENT(S)

None

NEXT STEPS:

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ITEM # 9

CITY OF MONTEBELLO

CITY COUNCIL AND PUBLIC FINANCING AUTHORITY AGENDA STAFF REPORT

TO:

Honorable Mayor and City Council Members
FROM:

René Bobadilla, P.E., City Manager
BY:

Arnold Glasman, City Attorney
SUBJECT: ADOPT RESOLUTION NO. 22-84 APPROVING PLANS AND

SPECIFICATIONS FOR THE MONTEBELLO DRIVING RANGE
PROJECT – TOPGOLF MONTEBELLO; APPROVING A CONTRACT

WITH MCCARTHY BUILDING COMPANIES FOR CONSTRUCTION

AND CONSTRUCTION MANAGEMENT SERVICES FOR THE
MONTEBELLO DRIVING RANGE PROJECT – TOPGOLF

MONTEBELLO, AND MAKING CERTAIN FINDINGS IN CONNECTION

THEREWITH

DATE: October 26, 2022

RECOMMENDATION(S):

It is recommended that the City Council:

1. Approve final plans and specifications for the Montebello Driving Range Project – Topgolf Montebello (“Project”) prepared by Aria Group Architects, Inc.; and

2. Approve the waiver of competitive bidding and find that McCarthy Building Companies is the only available and qualified contractor to provide the professional and construction services required to develop the Project; and

3. Approve and award a Guaranteed Maximum Price (GMP) Construction Contract to McCarthy Building Companies for construction and construction management services for the Project; and

4. Approve a Notice of Exemption for the subject project and authorize the City Clerk to file the Notice of Exemption with the Los Angeles County Registrar- Recorder; and

CITY COUNCIL AND PUBLIC FINANCING AUTHORITY AGENDA REPORT - MEETING OF OCTOBER 26, 2022

5. Authorize the City Manager to make necessary non-monetary changes to the Construction Contract within the Guaranteed Maximum Price (not-to-exceed the net proceeds of the bonds) before execution; and

6. Authorize the City Manager to execute the Construction Contract in a form approved by the City Attorney; and

7. Take any other additional actions necessary.

FISCAL IMPACT:

During its meeting on September 28, 2022, the City Council and Montebello Public Financing Authority held a public hearing and approved issuance and delivery of the Series 2022B Lease Revenue Bonds (“2022B Bonds”). The proceeds of the 2022B Bonds will be used to finance construction of the Montebello Driving Range Project – which will be known as TopGolf Montebello. The Project will be operated by a local subsidiary of TopGolf under a long-term lease agreement with the City that was also approved by the City Council on September 28, 2022. TopGolf will pay for all project costs, including debt service on the 2022B Bonds (i.e., improvement rent), plus the fair market value of the project space, through annual rent payments (i.e., base rent) to the City.

Once bonds are issued, proceeds will be used to reimburse all related design and construction costs for this project. Staff will return at a future City Council meeting to appropriate necessary funds in a Driving Range Project/TopGolf Montebello capital fund. No budget amendment is necessary at this time.

BACKGROUND:

Extensive detail and background on the City’s efforts to address long-standing operating deficits and capital improvement needs of the Golf Course was provided in the staff report for the 2022B Bonds on September 28, 2022; and there is no need to reiterate the full history. The City’s efforts in this regard culminated on September 28, 2022, with the City Council and Public Financing Authority approving issuance of the 2022B Bonds to finance the Project, as well as a lease agreement with Topgolf to operate the Project.

ENVIRONMENTAL IMPACT:

The reasonably foreseeable environmental impacts of the Project have been analyzed pursuant to the requirements of the California Environmental Quality Act (“CEQA”) by way of that certain “Initial Study and Mitigated Negative Declaration for the Montebello Golf Couse Driving Range Relocation Project,” dated December 12, 2019 (the “MND”).

The MND concluded that, with mitigation, the Project would not result in any significant negative impacts to the environment, and the MND was approved by way of City of Montebello Planning Commission Resolution No. 6-22 in the manner required by CEQA, and a notice of determination was timely posted and published in the manner required by law. This action does not result in any new environmental impacts not previously

CITY COUNCIL AND PUBLIC FINANCING AUTHORITY AGENDA REPORT - MEETING OF OCTOBER 26, 2022

studied and analyzed in is action to implement the project so studied.

ANALYSIS:

The total design and construction budget for the Project is not-to-exceed $48 million, with the final budget for the Project being equal to the net proceeds of the 2022B Bonds.

TopGolf Montebello will be a 66,000 square foot TopGolf-branded commercial driving range and entertainment venue which is expected to include a full-service restaurant, event space, and other associated amenities. The Project will include, among other things: a three (3)-story driving range complex/structure with approximately 102 hitting bays; restaurant and entertainment amenities; outdoor seating/patio areas; a parking lot; a miniature golf course; and common facilities, including a driveway that provides access from Via San Clemente, on approximately 15 acres.

Groundbreaking for the Project is scheduled for early November 2022, and the current construction schedule for the Project is as follows:

Activity Milestone
Date
Groundbreaking 11/7/2022
City Utility Extension Completion 12/23/2022
City Common Drive Completion 8/25/2023
Substantial Completion 11/20/2023
Grand Opening 12/29/2023

The goal is for this Project to open approximately at the same time as the Golf Course Renovation Project, funding for which was approved at the September 14, 2022 City Council meeting.

The design and specifications for the Project have been prepared in close collaboration with TopGolf and meet the approval of the City Engineer.

Design Criteria
The new building is designed as a state-of-the-art golf, entertainment, and social gathering place that combines an exciting gaming experience with an upscale dining atmosphere. Topgolf provides a positive atmosphere where both family and friends can relax in an environment that is redefining sports and elevating entertainment.

The new building is a three-story, 66,000 square foot facility with 102 hitting bays and various retail, dining/bar, event/meeting spaces as well as kitchen and other operational and office spaces. The building's overall aesthetic is modern with intersecting planes of

CITY COUNCIL AND PUBLIC FINANCING AUTHORITY AGENDA REPORT - MEETING OF OCTOBER 26, 2022

building elements and welcomes guests with a carved-out entry volume. This entry is also the bold color against a simplistic color palette so patrons can easily find their way inside.

Building Envelope and Material Selection
The building will consist of a structural steel frame, concrete floor slabs, and metal stud wall framing with various exterior wall finishes. The exterior palate is composed of a metal composite material panel (MCM), exterior insulation finish system (EIFS), and Knotwood aluminum cladding. Within the field of EIFS, a contrasting horizontal EIFS strip is used as well as an argyle pattern to create additional interest within the overall building design.

The first 14 vertical feet of the side of the building is clad with vertical aluminum cladding (Knotwood) to create a pedestrian scale for the three-story structure. Large spans of tinted glass express the building's function and allow views throughout the facility.

The outdoor patio provides patrons with a variety of seating along with additional landscape. The patio design includes a vast planting area to create a parklike setting against the building edge to soften the architecture as well as to help buffer sound with larger trees.

Each of the 102 temperature-controlled hitting bays includes two flat-screen TVs, a digital gaming panel, a dining table with chairs/sofas, golf clubs and a golf bag holder, a hitting mat, and a golf ball dispenser. Due to the nature of the golfing concept, one side of the facility is open-faced, allowing guests to hit golf balls into the outdoor outfield. Due to the open face of the facility and the elevated hitting areas, the building design includes safety netting meeting the standard for elevated helicopter platforms as determined by the United States Department of Transportation (USDOT) and the Federal Aviation Administration (FAA).

The roofing system is a white single-ply membrane specified to meet the Heat Island Reduction requirements. The roof and wall insulation specified exceeds the baseline/minimum code requirements. Exterior glazing efficiency and daylighting is optimized by selecting glass and frame assemblies to provide enhanced thermal and solar control. This provides an overall low U-value, solar heat gain (SHGC), and high visible light transmittance (VLT). Exterior glazing systems specified have thermally broken frame assemblies with insulated, low-E coating and tinted glass. Glazing located under the 20-foot plus Hitting Bay overhang is insulated, low-E coated clear glass.

Exterior windows located in the Hitting Bay exterior walls (exterior exposed on both sides) have tinted glass.

Design Attributes
The building incorporates many features to support sustainability goals. Materials such as (but limited to):

 High reflectance white roofing membrane to reduce solar heat gain.  Insulated, Low-E, and tinted glass to reduce energy use.  No VOC (Volatile Organic Compounds) paints to improve air quality.

CITY COUNCIL AND PUBLIC FINANCING AUTHORITY AGENDA REPORT - MEETING OF OCTOBER 26, 2022

 Tile – Restroom Floors - 20% Pre-consumer recycled content  ile – Restroom Walls – 35% Pre-consumer recycled content  Tile – Main Bar die wall – 35.5% Pre-consumer recycled content  Carpet – All Locations – 72% recycled content
 Ceiling Tile – Offices – 35% recycled content
 Ceiling Tile – Kitchen – 23% recycled content
 Woodwork/Trim – American Walnut – Reclaimed lumber 100% recycled  Vinyl Tile Back-of-House – 18% Pre-consumer recycled content  Plastic Laminate – Office Counters – 30% Post-consumer recycled content

Proposed Contractor – McCarthy Building Companies
Because the Driving Range Project will be operated by TopGolf, it will be designed and operated as a prototypical TopGolf venue and must meet its proprietary standards and specifications.

As is clear from its description above, the Project is complex and multi-faceted from a construction standpoint, as it implicates a variety of design and construction-related disciplines. There are also very few competitors in this market sector, meaning few design professionals or general contractors have experience developing like-facilities. As an example, there are currently more than seventy (70) TopGolf venues operating in the United States, and more than sixty-five (65) of them were designed and constructed by ARCO/Murray Design Build (“ARCO / Murray”), with McCarthy having recently developed and designed the TopGolf facility in El Segundo. Based on representations provided by TopGolf, the facilities designed or developed by other contractors (i.e., not ARCO / Murray or McCarthy) all experienced cost overruns, scheduling delays, or quality control issues resulting from the lack of experience on similar projects.

Given the significance of the Project to the success of the Golf Course Rehabilitation Project, the City’s two hotels, and the Project’s unique design / construction challenges, staff recommends the City Council waive competitive bidding and award the contract to a qualified contractor with demonstrated success on similar projects. As explained in the attached legal opinion, this Project presents one of the unique circumstances in which competitive bidding would not work to advance the public interest, and the quality and nature of services required more closely resemble professional services than typical construction work. (Attachment C).

The City Council made a similar determination when it adopted Resolution No. 21-94 on November 10, 2021, finding that, based on its significant experience designing and developing nearly all TopGolf venues in the domestic Unites States, awarding a contract to ARCO / Murray was appropriate. Since that time, however, ARCO / Murray has advised the City that it is not available to proceed with constructing the Project. With Topgolf’s consent, ARCO / Murray proposed to assign the completed plans and specifications to McCarthy Building Companies of Newport Beach, which would proceed with providing construction and construction management services for the Project.

McCarthy Building Companies was established in 1864 and is one of the largest and

CITY COUNCIL AND PUBLIC FINANCING AUTHORITY AGENDA REPORT - MEETING OF OCTOBER 26, 2022

most active contractors in the United States with 17 regional offices, and with clear demonstrated professional and financial capacity to complete the Project. After ARCO / Murray, McCarthy is also the next most experienced contractor in the United States on TopGolf venues, and in recent months completed construction of Topgolf’s new location in the City of El Segundo. This project was completed on-time, within budget, and shares many similarities with Montebello’s Driving Range Project including market region, size, building type, and close proximity to an operating golf course.

Based on these facts and circumstances, staff believes that awarding a contract to McCarthy for development of the Project is consistent with applicable law and in the best interests of the City. A resolution setting forth the applicable facts and circumstances of the award, and approving the proposed Construction Contract with McCarthy, is attached for the City Council’s consideration.

Next Steps
If the City Council approves the recommended action, staff would proceed with finalizing the transaction documents and proceeding with overseeing the financing and construction of the Project as approved.

DISCUSSION:

N/A

SUMMARY:

Upon approval of the recommended actions, staff will proceed with finalizing the Construction Contract with McCarthy Building Companies, and following execution of the Construction Contract, coordinate the initiation and progress of the Project moving forward.

ATTACHMENT(S)

1. Attachment A - Construction Contract

2. Attachment B - Proposed Resolution No. 22-84

3. Attachment C - Justification for Competitive Bidding Waiver

NEXT STEPS:

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Attachment A
Construction Contract [to follow under separate cover]

RESOLUTION NO. 22-84

A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF

MONTEBELLO, CALIFORNIA, AUTHORIZING SOLE SOURCE

PROCUREMENT FOR THE AWARD OF CONSTRUCTON CONTRACTS

FOR THE PROPOSED MONTEBELLO GOLF COURSE DRIVING

RANGE PROJECT, AND MAKING CERTAIN FINDINGS AND

DETERMINATIONS IN CONNECTION THEREWITH
WHEREAS, the City of Montebello (“City”) is the owner in fee simple of that certain parcel of real property comprised of approximately 118 acres and located at 988 Via San Clemente, City of Montebello, California (the “Golf Course”); WHEREAS, the Golf Course was acquired by the City for “public golf course purposes” by way of a quitclaim deed dated November 12, 1941, as further evidenced by Resolution No. 1026 of the City Council adopted on December 1, 1941, accepting the quitclaim deed for such public purposes, and the Golf Course has since proudly served patrons for decades and remains an important amenity for residents and visitors; WHEREAS, the Golf Course presently offers an 18-hole public championship course, driving range, and related golf amenities that were last remolded in 1999 and that, due to the passage of time, are now in need of significant upgrades and modernization; WHEREAS, by way of that certain “Initial Study and Mitigated Negative Declaration for the Montebello Golf Couse Driving Range Relocation Project,” dated December 12, 2019 (the “MND”), the City has analyzed the feasibility and potential environmental impacts of implementing a driving range modernization and relocation project (the “Project”) on a portion of the Golf Course anticipated to be incorporated into a redesign and rehabilitation of the remainder of the Golf Course; WHEREAS, the City has approved finding to finance the Project in the form lease revenue bonds (“Bonds”) issued by the Montebello Public Financing Authority (“Authority”), and because the City lacks the specialized knowledge and experience needed to design and operate the Project, the City has approved a lease agreement with Topgolf USA, MB (“Lessee”) for Lessee’s provision of proprietary design expertise and support in connection with the City’s design and construction of the Project, and following construction for Lessee’s operation of the Project for the lease term, and rent payments paid by Lessee being used to pay all costs of the Project and bonds; WHEREAS, in anticipation of contracting for the professional and construction services necessary to develop the Project, the City has reviewed the laws and regulations governing the solicitation, procurement and contracting of such services for purposes of identifying the mechanism that best serves to advance the City’s goals and public interest; WHEREAS, the legislative purpose of the Public Contract Code’s competitive

RESOLUTION NO. 22-84

bidding requirements is to guard against favoritism, improvidence, extravagance, fraud and corruption in the awarding of public contracts, and ultimately to deliver a quality project to the public for a reasonable price, but California law recognizes exceptions and limitations to bidding requirements in circumstances where bidding would work an incongruity and not impact the final result, would not produce and advantage, or where it is practically impossible to obtain the goods, services, or product requested by the agency from another source (see, e.g. Graydon v. Pasadena Redevelopment Agency (1980) 104 Cal.App.3d 631);
WHEREAS, the Project will be complex and multi-faceted from a construction standpoint, as the proposed facility is unique and implicates a variety of proprietary design and construction-related disciplines, and there are few competitors that operate similar driving range entertainment facilities which means that few design and construction professionals that have actual experience in the design and development of venues similar to the proposed Project;
WHEREAS, based on these factors, and after consideration of the staff report, legal opinions, presentations, public comments, and other evidence submitted in connection with this matter, the City Council finds it appropriate to adopt this Resolution setting forth the facts and findings justifying the waiving of competitive bidding and the awarding of a contract for the design and construction of the Project.

NOW, THEREFORE, THE CITY COUNCIL FOR THE CITY OF MONTEBELLO HEREBY FIND, DECLARE AND RESOLVE AS FOLLOWS:

SECTION 1.Based upon the staff report, legal opinions, presentations, public comments, and other substantial evidence submitted in connection with this matter, the City Council finds and declares that the foregoing recitals are true and correct and incorporated into this Resolution as a material part hereof; and based upon such matters, the City Council makes the additional factual findings and declarations set forth below.

SECTION 2.In consideration of the facts and circumstances set forth in this Resolution and the substantial evidence referenced above, the City Council hereby finds and declares that the solicitation for competitive bids or proposals for the work of constructing and providing professional management and design services relating to the Project would be undesirable, impractical, or impossible, and would be contrary to the legislative objectives for requiring competitive bidding because it would not impact the final result under the circumstances presented, would not produce any advantage to the public or the only qualified contractor, and it is practically impossible for the City to obtain the necessary services of comparable quality from an alternative source.

SECTION 3.The City Council approves the plans and specifications for the Project as are on file in the office of the City Engineer, with the final version being most recently stamped as approved by the City Engineer.

RESOLUTION NO. 22-84

SECTION 4.The City Council hereby waives competitive bidding and approves a contract with McCarthy Building Companies for construction and professional construction management and design services for the Project in the form substantially submitted herewith (“Construction Agreement”), with the guaranteed maximum price of the Construction Agreement not to exceed the net construction proceeds of the Series 2022B Bonds that were issued for the Project (“GMP”). The City Manager is authorized to make necessary non-monetary changes to the Construction Contract within the GMP, and the City Manager is authorized to execute the Construction Contract on behalf of the City in a form approved by the City Attorney.

SECTION 5. CEQA. The City has analyzed the reasonably foreseeable environmental impacts of the Project pursuant to the requirements of the California Environmental Quality Act (“CEQA”) by way of that certain “Initial Study and Mitigated Negative Declaration for the Montebello Golf Couse Driving Range Relocation Project,” dated December 12, 2019 (the “MND”). The MND concluded that, with mitigation, the Project would not result in any significant negative impacts to the environment, and the MND was approved by way of Planning Commission Resolution No. 6-22 in the manner required by CEQA, and a notice of determination was timely posted and published in the manner required by law. The Construction Contract merely implements the Project as previously analyzed. The City Council approves a Notice of Exemption therefor and authorizes the City Clerk to file the Notice of Exemption with Los Angeles Registrar- Recorder.

SECTION 6. The City Clerk shall certify to the passage and adoption of this resolution, which shall become effective immediately upon adoption. This Resolution shall repeal, replace, and supersede Resolution No. 21-94 approved on November 10, 2021.

APPROVED AND ADOPTED this 12th day of October 2022.
_______________________________
Kimberly A. Cobos-Cawthorne, Mayor
ATTEST:APPROVED AS TO FORM:

________________________________ ________________________________ Christopher Jimenez, City Clerk Arnold M. Alvarez-Glasman, City Attorney

RESOLUTION NO. 22-84

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:

CITY OF MONTEBELLO )
I, Christopher Jimenez, City Clerk of the City of Montebello, County of Los Angeles, State of California, hereby certify that the foregoing Resolution No. 22-84 was passed and adopted by the City Council of the City of Montebello, signed by the Mayor and attested by the City Clerk at a regular meeting of said Council held on the 12th day of October 2022 and that said Resolution was adopted by the following vote, to-wit:

AYES:

NOES:

ABSTAIN:

ABSENT:

The undersigned, City Clerk of the City of Montebello, does hereby attest and certify that the foregoing Resolution is a true, full and correct copy of a resolution duly adopted at a meeting of said City which was duly convened and held on the date stated thereon, and that said document has not been amended, modified, repealed or rescinded since its date of adoption and is in full force and effect as of the date hereof.

DATE:

Christopher Jimenez, City Clerk

CITY OF MONTEBELLO
TO:Honorable Mayor and Members of the City Council
Honorable Chair and Members of the Financing Authority Governing Board FROM:René Bobadilla, P.E., City Manager/Executive Director Arnold M. Alvarez-Glasman, City Attorney / Authority Counsel BY:Arnold M. Alvarez-Glasman, City Attorney
Christopher G. Cardinale, Senior Partner
SUBJECT: Sole Source Justification for Construction Contract with McCarthy Building Companies for the Montebello Topgolf Facility
DATE: October 12, 2022

EXECUTIVE SUMMARY
In connection with the complete redesign and rehabilitation of the existing Montebello Golf Course (“Golf Course” or “Course”), the City is considering a partnership with Topgolf USA (“Topgolf”) to develop and operate a three (3)-story driving range and entertainment facility on a portion of the existing Course. If approved by the Montebello City Council (“City Council”) and the governing board of the Montebello Public Financing Authority (“PFA”), construction of the facility will be financed by lease revenue bonds issued by the PFA, and after construction the facility will be operated by Topgolf under a lease agreement with the City.

The project is complex from a design and construction standpoint. Given the various public investments that hinge on success of the project, and the fact that McCarthy Building Companies is the only available design-build contractor with experience on similar projects, staff believes the City Council has the authority to award a “design-build” contract to McCarthy without competitive bidding.

PROJECT BACKGROUND
The City has owned and operated the Montebello Golf Course for nearly 100 years. The eighteen (18)-hole championship course covers approximately 120 acres and is located adjacent to the State Route 60 Freeway (“SR 60”) at 901 Via San Clemente, City of Montebello. The Course is located just minutes from Downtown Los Angeles, is an important recreation amenity to the community, and is integral to success of the other City-owned facilities located on the “Golf Course Campus.”1
Unfortunately, however, the Golf Course was last remolded in 1999 and lacks many of the modern upgrades, facilities, and amenities patrons have come to expect from competing courses in the region. As a partial result, the Golf Couse has operated at a deficit for the past several years which has required the City’s General Fund to subsidize millions in operating and maintenance 1 These City-owned facilities include the Quiet Cannon Conference Center, the Montebello Hilton Garden Inn, and the Montebello Home2Suites Hotel.

costs. Though recent operational changes made by the City have narrowed projected future deficits, the revenues generated by the Course remain short of those needed to finance the significant capital improvement and deferred maintenance needs of the Course. The insolvency of the Golf Course was significantly featured in a 2018 State Audit of the City’s finances, and the State Auditor recommended the City take action to terminate its ongoing reliance on the General Fund.

Facing these circumstances, the City spent significant time and effort analyzing options for reversing cash flow trends of the Golf Course while maintaining the recreational amenity for the community. The result of these efforts is a proposal to completely redesign and rehabilitate the existing Course with a two (2)-part development: (1) construction and operation of a new driving range and entertainment complex on 18-acres of the existing Course (the “Driving Range Project”); and (2) redesign of the remaining Course with a new 9-hole golf course with improved amenities and features (“New Course Project”). The two (2) adjacent projects will be separately financed and operated but have common elements: they are similar in financing structure, their operations are expected to be complimentary, and the projects will share in the use and cost of certain infrastructure and utilities.

More specifically, the New Course Project will be financed with lease revenue bonds issued in partnership with the PFA; which were approved in a joint meeting of the City Council and PFA on September 14, 2022 (the “New Course Bonds”). Debt service on the New Course Bonds will be paid in the form of rent payments made by the City in exchange for the right to operate the New Course following construction.

Though the City has experience operating golf courses, early in the planning process the City realized that it lacked the requisite knowledge and experience needed to successfully design and operate the Driving Range Facility. Accordingly, the City sought interest from industry professionals and quickly identified Topgolf USA as the leader in the market. After lengthy negotiations the parties reached an agreement on the terms and conditions by which Topgolf will operate the Driving Range Project under a lease agreement with the City (“Topgolf Lease”).

The Driving Range Project is expected to be financed by means similar to the New Course: lease- revenue bonds issued by the PFA will finance construction (“Driving Range Bonds”), and Topgolf will operate the completed project pursuant to the Topgolf Lease. The Topgolf Lease will remain in effect for at least 20 years (a period of time equal to debt service on the Driving Range Bonds), and rent paid by Topgolf will be used to make bond payments. In addition, Topgolf will issue a corporate financial guarantee for all rent due during the minimum 20-year term, and all construction and bond costs – plus the fair market value of the leased area – will be paid by Topgolf under the terms of the Topgolf Lease.

Though separately financed and operated, the two (2) projects are not being pursued in isolation.

As explained in the agenda report for the New Course Bonds, the City expects base rent payments paid by Topgolf under the Topgolf Lease, together with new tax revenues generated by its operation of the Driving Range Project, to more than cover debt service on the New Course Bonds. Additionally, the two (2) projects allow the City to retain the Golf Course as a recreational and entertainment amenity for the community in a manner that creates positive cash-flow expectations, and is expected to increase demand and usage of the adjacent City-owned hotels and conference center. In these ways, among others, success and viability of the two projects are linked with broad public and financial interests, and are expected to create new local jobs and recreational opportunities benefiting the community for years to come.

THE DRIVING RANGE FACILITY
Topgolf’s experience and capacity to operate the Driving Range Project is well-established.

Topgolf is a global sports entertainment company headquartered in Dallas, Texas, and is the industry leader in the driving range entertainment industry. It currently operates more than seventy (70) proprietary locations throughout the United States with other locations in the United Kingdom, Australia, Mexico, and Dubai. Topgolf venues feature climate-controlled hitting bays for year- round play, food, beverage, music and HDTVs on which various sports games are shown (e.g. football, basketball and golf), and proprietary technology that tracks play and provides interactive gaming. Topgolf facilities also offer golf lessons, leagues, and tournaments, and their venues are popular hosts for concerts, corporate and social events.

Because the Driving Range Project will be initially operated by Topgolf, it will be designed and operated as a prototypical Topgolf venue. Based on the most recent plans and specifications, the project will include (among other amenities): a three-story high-tech and climate-controlled driving range complex with approximately 102 hitting bays; a 215-yard “outfield” with 11 in-ground targets, technology, and infrastructure that are proprietary to Topgolf; state-of-the-art kitchens with capacity to serve a complete food and beverage menu to all hitting bays and guests of the numerous restaurant and bar areas available to the public generally; indoor and outdoor seating for patrons; themed and golf-related retail sales; private and corporate event hosting and office space; and new surface parking offering between 450 and 500 spaces. In addition, and unique to Topgolf Montebello, the facility will include an adjacent miniature golf course designed and operated under the Topgolf brand.

The Driving Range Project will be complex and multi-faceted from a construction standpoint, as it implicates a variety of design and construction-related disciplines. There are also very few competitors in this market sector, meaning few design professionals or general contractors have experience developing like-facilities. As an example there are currently more than seventy (70) Topgolf venues operating in the United States, and more than sixty-five (65) of them were designed and constructed by ARCO/Murray Design Build (“ARCO / Murray”). Based on representations provided by Topgolf, the facilities designed or developed by other contractors all experienced cost overruns, scheduling delays, or quality control issues resulting from the lack of experience on similar projects.

OPTIONS FOR CONTRACTING THE DESIGN AND CONSTRUCTION OF THE DRIVING

RANGE FACILITY
Given the significance of the Driving Range Facility to the success of the adjoining projects, and its unique design / construction challenges, staff carefully scrutinized the options for contracting for its design and construction in a manner consistent with California law.

The Driving Range Project is a “public project” within the meaning of California’s Public Contract Code (“PCC”),2 which means any contracts awarded by the City for its construction must generally be awarded to the “lowest responsible bidder” after a sealed competitive bidding process. 3 A “responsible bidder” in this context is a contractor that is able to perform the contract if awarded, meaning a bidder’s proposal must demonstrate the appropriate licenses, skills, quality, capacity, 2 Public Contracts Code § 20161 defines a “public project” with reference to various categories including “project(s) for the erection, improvement, painting, or repair of buildings and works. The Driving Range Project will be developed on City-owned property, will be financed with the proceeds of bonds issued by the Authority, and following construction will be owned by the City.
3 Public Contracts Code § 20162.

and experience to perform the contracted work. 4 To ensure bidders are responsible, cities may require prospective bidders submit to a prequalification or screening process before they are qualified to submit a bid for the scope of work;5 or alternatively, require that qualified bidders have developed a specified number of similar projects in the recent-past to demonstrate competence and capacity.

The Public Contract Code also allows cities to utilize the “design-build” process to complete public works projects by a process that allows cities to contract with a single firm for both the design and construction of the work of public improvement. 6 The “design build” process may be utilized to develop public buildings, improvements, and parks and recreational facilities, 7 and gives cities broader discretion to select among potential contractors. Indeed only three (3) specific evaluation criteria must be considered in the aggregate when selecting among design-build contractors: (1) price, unless a stipulated sum is specified; (2) technical design and construction expertise; and (3) life-cycle costs over fifteen (15) or more years.8 An agency’s organizational conflict-of-interest policy must be applied to design-build contractors,9 meaning firms that assist an agency with initial planning or development of a project are prohibited from competing for the ensuing construction contract if the firm either has a competitive advantage over other proposers, or if its prior involvement would impair the firm’s objectivity.10
Though competitive bidding for public works contracts is the statutory norm, there are several well-established exceptions. As relevant here, these exceptions excuse competitive bidding where the nature of the contract is such that competitive proposals would be unavailing or would not produce an advantage, and accordingly the use of a competitive bidding process would be undesirable, impractical, or impossible. 11 This exception is clearly established in California laws and is founded in the legislative objectives for requiring competitive bidding for public projects in the first place: to prevent the waste of public funds, obtain the best economic result for the public, and guard against favoritism, improvidence, extravagance, fraud and corruption. 12 California courts have recognized that these legislative goals are not advanced – and thus competitive bidding is not required – in circumstances where bidding would work an incongruity and not impact the final result, would not produce any advantage, or where it is practically impossible to obtain the goods, services or product required by the agency from alternative sources.13 This “sole source” exception to competitive bidding requirements has been recognized in a variety of circumstances relevant here, including: the purchase of services and products or the construction of public improvements where no advantage would result from competitive bidding; contracts for personal services that depend upon a peculiar skill or ability; contracts for experimental or unique products and/or services; and contracts for the acquisition or disposition of property for a particular use or with a special value to one person.14 4 Id. at § 1103.
5 Id. at § 20101. See also Cal. Labor Commissioner’s Model Questionnaire for Prequalification of Contractors on Public Works Projects.
6 Id. at §§ 22160-22169.
7 Id. at §§ 22161(b); 22162(a).
8 Id. at § 22164(f).
9 Id. at § 22162(c).
10 This rule stems from, inter alia, Government Code § 1090 as applied to consultants that contract with a public agency. 11 Graydon v. Pasadena Redevelopment Agency (1980) 104 Cal.App.3d 631, 636. 12 Id. at 636.
13 Id. at 636, 637.
14 Ibid.; see also Los Angeles Gas & Electric Corporation v. Los Angeles (1920) 188 Cal. 307 (sole source for electrical power); Los Angeles Dredging Company v. Long Beach (1930) 210 Cal. 348 [sole source when dredging pipes could only be rerouted by the onsite dredging company]; Hodgeman v. City of San Diego (1942) 53 Cal.App.2d 610 [sole source for a parking meter]; County of Riverside v. Whitlock (1972) 22 Cal.App.3d 863 [public utility]; Domar Electric, Inc. v. City of Los Angeles (1994) 9 Cal.4th 161 [competitive bidding requirements for school districts are strictly

Another exception to competitive bidding requirements applies to professional services agreements; which must be awarded based on demonstrated competence and capacity to perform the services required. 15 What qualifies as a “professional service” is not strictly defined by the legislature, but is generally understood as applying to areas requiring specialized knowledge, training, or skill, usually of a mental or intellectual nature; and does not always require a specialized license or certification.16 The “professional services” exemption gives local agencies the ability to enter into contracts for services which require a specialized level of skill, knowledge, and training, especially in instances where awarding such a contract to the lowest bidder could produce undesirable results.17
AWARDING A “SOLE SOURCE” OR “PROFESSIONAL SERVICES” CONTRACT FOR

DEVELOPMENT OF THE DRIVING RANGE PROJECT
Applying the above-concepts to the Driving Range Project leads staff to conclude that awarding a contractor for the design and construction of the Driving Range Project on the basis of a “sole source” or “professional services” determination is justified.

The City Council agreed with this determination when it adopted Resolution No. 21-94 on November 10, 2021, finding that, based on its significant experience designing and developing nearly all Topgolf venues in the domestic Unites States, awarding a “sole source” contract to ARCO / Murray for design and construction of the project was appropriate. Since that time, ARCO / Murray has diligently proceeded to finalize design, plans and specifications for the Driving Range Facility (“Plans and Specifications”).

Subsequent to the City Council’s sole source determination, however, the City has recently learned that ARCO / Murray is no longer available to proceed with constructing the project.

Instead, ARCO / Murray has proposed, with Topgolf’s consent, to transfer the Plans and Specifications to McCarthy Building Companies of Newport Beach, California (“McCarthy”); after which ARCO / Murray would withdraw from the project and McCarthy would proceed its construction.

McCarthy Building Companies was established in 1864 and is one of the largest and most active contractors in the United States with 17 regional offices; and with clear demonstrated professional and financial capacity to complete the project. After ARCO / Murray, McCarthy is also the next most experienced contractor in the United States on Topgolf venues, and in recent months completed construction of Topgolf’s new location in the City of El Segundo. This project was completed on-time, within budget, and shares many similarities with Montebello’s Driving Range Project including market region, size, building type, and close proximity to an operating golf course.

Based on these facts and circumstances, and for reasons similar to the City Council’s previous “sole source” determination on this project, staff believes that awarding a contract to McCarthy constructed by the courts, but they should not be applied to “deny the public entity’s authority to deal with problems in a sensible, practical way.”].)
15 The City has broad discretion to contract for professional design support and proprietary professional operating services through its power to award professional services contracts based on demonstrated capacity and experience, or through its authority to lease city-owned property for recreational or other legitimate purposes. (Gov’t Code §§ 4526, 37103, 53060; Carruth v. City of Madera (1965) 233 Cal.App.2d. 688; Hubbard v. City of San Diego (1976) 55 Cal.Appl.2d 380; Cal. Const. art XI, § 5; Gov’t Code § 37396(a) [recreational leases].) 16 Fair Education Santa Barbara v. Santa Barbara Unified (2021) 72 Cal.App.5th 884, 898. 17 Id. at 899.

for design and construction of the Driving Range Project is consistent with appliable law and in the best interests of the City. Specifically:
Using the standard sealed competitive bidding process to select a general contractor for the project would be unavailing, as ARCO/Murray is unavailable to construct the project, and McCarthy is the only other contractor with the experience needed to satisfy the “responsible bidder” threshold, having recently completed a similar facility on-time and on- budget. The size, scale, and complexity of the Driving Range Project justifies the City imposing a requirement that qualified contractors have past recent experience on similar projects.
The statutory “design build” contract award process would lead to the same result:

McCarthy is the only contractor, aside from ARCO / Murray, with the necessary technical design and construction experience on similar projects, and thus has an insurmountable experiential advantage when it comes to selecting among candidates for a design-build contract for the Driving Range Project. Similarly, awarding McCarthy a contract for all design and construction work would not create an unfair competitive advantage over other proposers as they are the only contractor with the requisite knowledge and experience to perform the required scope of work; and in fact recently completed a very similar project in El Segundo.
The complexity, uniqueness, nature, and size of the Driving Range Project render its design and construction far-more complex than a standard public work of improvement, and on the whole are sufficiently unique and special that the City is unable to obtain them from alternative public sources. In such circumstances where the nature of a contract is that competitive proposals would not produce an advantage; the City is free to contract with the most experienced and qualified source for those services. Given the various considerations relaying on the long-term success of the Driving Range Project, including the City’s other investments in the vicinity, the public has a greater interest in ensuring the project is designed and constructed in a high-quality matter, on time and on budget, than the public does in making sure the project is completed for the lowest possible price. In such circumstances, the public interest is not favored by competitive bidding and the City may award to the most qualified and responsible contractor.
Soliciting competitive proposals for construction of the Driving Range Project would result in a number of undesirable results including the unnecessary waste of time and resources, increased risk of contracting with parties lacking the capacity to perform the work, increased potential for cost overruns and time delays, and the potential breach of third- party agreements relating to financing, construction and operation of the projects.

Competitive bidding would also be fruitless under the circumstances as it would not impact the final result of the bidding process, as McCarthy is the only available contractor with demonstrated relevant experience on similar projects, the only contractor authorized to receive and use the Plans and Specifications, and it is impossible for the City to acquire similar services from a different service provider.

As a final consideration, staff notes that no public funds will ultimately be applied to design, construction, or operation of the Driving Range Facility. Though the transaction documents have not been approved by the City Council or PFA, the Sublease is structured such that during the term of the Sublease, Topgolf pays any and all costs of design and construction of the facility, as well as any interest or cost of issuance associated with the Driving Range Bonds. Under similar

circumstances, courts have recently deemed competitive bidding requirements of the public contracts code inapplicable.18
McCarthy is also clearly qualified to perform the scope of work, has served clients from coast-to- coast in a wide array of industries and has an in-house team of expert engineers, project managers, superintendents, modelers, and architects. McCarthy will provide a “not to exceed” price for comprehensive design build services related to the Driving Range Project, which staff will review in context of market norms for like professional services and projects of analogous scope and complexity, and the contract and cost thereof would be subject to the future approval and discretion of the City Council.

In consideration of the foregoing, staff believes that the City would be justified awarding a “sole source” contract to McCarthy Building Companies for design and construction work needed for the Driving Range Project.

CONCLUDING REMARKS
In the event the City Council desires to proceed with the award of a contract to McCarthy Building Companies and waive competitive bidding requirements, staff recommends the City Council adopt a resolution setting forth the facts, findings and circumstances justifying the determination in connection with the contract award.
18 SG Blocks, Inc. v. Hola Community Partners, 521 F.Supp.3d 881 (C.D. Cal. 2021).

ITEM # 10

CITY OF MONTEBELLO

CITY COUNCIL AND PUBLIC FINANCING AUTHORITY AGENDA STAFF REPORT

TO:

Honorable Mayor and City Council Members
FROM:

René Bobadilla, P.E., City Manager
BY:

Fernando Pelaez, Fire Chief
SUBJECT: ADOPT RESOLUTION NO. 22-87 FOR AN AWARD FROM THE

CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION
(CAL FIRE) FIRE PREVENTION GRANTS PROGRAM

DATE: October 26, 2022

RECOMMENDATION(S):

It is recommended that the City Council:

1. Adopt Resolution NO. 22-87 for an award from the California Department of Forestry and Fire Protection (CAL FIRE) Fire Prevention Grants Program; and

2. Take such additional, related, action that may be desirable.

FISCAL IMPACT:

The California Department of Forestry and Fire Protection (CAL FIRE) Fire Prevention awarded the Montebello Fire Department $108,997 for the Montebello Wildfire Fuel Reduction and Public Education Project. At the August 10, 2022 City Council meeting, these funds were appropriated in Account No. 265-85-856-6040.10 (Grants, Fire, Cal Fire Wildfire Prevention), amending the Fiscal Year 2022-23 budget to make these funds available. Therefore, no budget amendment action is needed as part of the recommended action to adopt the attached resolution.

BACKGROUND:

The California Department of Forestry and Fire Protection (CAL FIRE) Fire Prevention

CITY COUNCIL AND PUBLIC FINANCING AUTHORITY AGENDA REPORT - MEETING OF OCTOBER 26, 2022

(FP) Grants Program is funded by the State of California General Fund and with Cap- and-Trade auction proceeds appropriated by the California Legislature. Up to $120 million is being allocated to CAL FIRE’s Fire Prevention Grants Program in Fiscal Year 2021-22 from the CCI Greenhouse Gas Reduction Fund (GGRF) and State General Fund.

CAL FIRE’s FP Grants Program provides funding for fire prevention projects and activities in and near fire-threatened communities that focus on increasing the protection of people, structures, and communities. Funded activities include hazardous fuel reduction, wildfire prevention planning, and wildfire prevention education with an emphasis on improving public health and safety while reducing greenhouse gas emissions.

ENVIRONMENTAL IMPACT:

The California Environmental Quality Act (Section 2100, et. seq. of the California Public Resources Code, hereafter "CEQA") requires analysis of agency approvals of discretionary "projects." A "project," under CEQA, is defined as "the whole of an action, which has a potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment" (State CEQA Guidelines Section 15378). The proposed Project is a project under CEQA.

The staff has reviewed the Project to determine the required level of review under CEQA and has determined that the proposed Project is exempt from CEQA under State CEQA Guidelines Section 15061(b)(3) (Common Sense Exemption). Section 15061(b)(3) of the State CEQA Guidelines states that an activity is covered by the common sense exemption that CEQA only applies to projects that have the potential for causing a significant effect on the environment. 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, the activity is not subject to CEQA review. Nevertheless, it is important to note that specific projects/programs that qualify for funding under the proposed Project may be subject to environmental review prior to implementation.

ANALYSIS:

N/A

DISCUSSION:

The objective of the CAL FIRE Grants Program is to fund fire prevention projects and activities in and near threatened communities that focus on increasing the protection and reducing the threat of wildfires to people, structures, and communities. This grant provides funding for three activities: 1) Hazardous Fuels Reduction, 2) Wildfire Prevention Plan, and 3) Wildfire Prevention Education.

The Montebello Fire Department will aid in the fuel reduction of the Montebello Dam Area by reducing the amount of hazardous and flammable trees. This will help prevent the

CITY COUNCIL AND PUBLIC FINANCING AUTHORITY AGENDA REPORT - MEETING OF OCTOBER 26, 2022

potential for larger wildfires and will protect structures and property such as Montebello Metro Heights by reducing the fuel load in the area.

With the increase of wildfires, it is imperative that suppression personnel help to mitigate these hazards. This grant will allow certified instructors to train and certify Montebello Fire Department personnel on how to properly perform hazard reduction and remove large trees. They will also gain California State recognized certificates and will be able to take more classes to be better trained to protect the residents of Montebello. The awarded grant will help pay for proper tools and equipment for reducing fuel, certified instructors and state certificates. The grant will also pay for fuel removal and waste after trees have been felled.

The City Council approved the receipt of this award and appropriated funds in Fiscal Year 2022-23 at the August 10, 2022 meeting. However, CAL FIRE requires a Board Resolution to execute the grant agreement.

SUMMARY:

That the City Council approve the Resolution for an award from the California Department of Forestry and Fire Protection (CAL FIRE) Fire Prevention Grants Program.

ATTACHMENT(S)

1. Attachment A - Resolution No. 22-87

2. Attachment B - Grant Agreement

3. Attachment C - August 10, 2022 Staff Report

NEXT STEPS:

N/A

RESOLUTION NO. 22-87

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTEBELLO,

STATE OF CALIFORNIA REGARDING APPLICATION FOR GRANT FUNDS

TO THE CALIFORNIA CLIMATE INVESTMENT FIRE PREVENTION GRANT

PROGRAM

RECITALS
WHEREAS, the governor of the State of California in cooperation with the California State Legislature has enacted State of California Climate Investment, which provides fund to the State of California and its political subdivisions for fire prevention programs; and WHEREAS, the State Department of Forestry and Fire Protection (CAL FIRE) has been delegated the responsibility for the administration of the program within the State, setting up necessary procedures governing application by local agencies, non- profit organizations, and others under the program; and
WHEREAS, the applicant will enter into an agreement with the State of California to carry out the Montebello Wildfire Fuel Reduction and Public Education project; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Montebello, State of California:

1.Approved the filing of an application for “California Climate Investment Fire Prevention Grant Program”; and

2.Certifies that said applicant has or will have sufficient funds to operate and maintain the project; and

3.Certifies that funds under the jurisdiction of the City Council of the City of Montebello, California are available to begin the project; and

4.Certifies that said applicant will expend grant funds prior to March 15, 2026; and

5.Appoints the Fire Chief of the Montebello Fire Department, or a designee, to conduct all negotiations, execute and submit all documents including, but not limited to applications, agreements, amendments, payment requests and so on, which may be necessary for the completion of the aforementioned project.

RESOLUTION NO. 22-87

PASSED AND ADOPTED this 26th day of October, 2022 by the City Council.

Kimberly A. Cobos-Cawthorne, Mayor
ATTEST: APPROVED AS TO FORM:
________________________________ ________________________________ Christopher Jimenez, City Clerk Arnold M. Alvarez-Glasman, City Attorney

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:

CITY OF MONTEBELLO )
I, Christopher Jimenez, City Clerk of the City of Montebello, County of Los Angeles, State of California, hereby certify that the foregoing Resolution No. 22-87 was passed and adopted by the City Council of the City of Montebello, signed by the Mayor and attested by the City Clerk at a regular meeting of said Council held on the 26th day of October 2022 and that said Resolution was adopted by the following vote, to-wit:

AYES:

NOES:

ABSTAIN:

ABSENT:

The undersigned, City Clerk of the City of Montebello, does hereby attest and certify that the foregoing Resolution is a true, full and correct copy of a resolution duly adopted at a meeting of said City which was duly convened and held on the date stated thereon, and that said document has not been amended, modified, repealed or rescinded since its date of adoption and is in full force and effect as of the date hereof.

DATE: ________________ ____________________________ Christopher Jimenez, City Clerk

ITEM #____

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT
TO:Honorable Mayor and City Council Members
FROM:René Bobadilla, P.E., City Manager
BY:Fire Chief Fernando Pelaez, Fire Department
SUBJECT: Approve Receipt of an Award from the California Department of Forestry and Fire Protection (CAL FIRE) Fire Prevention Grants Program and Appropriate Funds in Fiscal Year 2022-23
DATE:August 10, 2022
RECOMMENDATION (S):

It is recommended that the City Council:
1) Approve the appropriation of $108,997 awarded to the Fire Department by the California Department of Forestry and Fire Protection (CAL FIRE) Fire Prevention Grants Program for Fiscal Year 2022-23; and
2) Amend the Fiscal Year 2022-23 budget by increasing appropriations by $108,997 in Expense Account No. 265-85-856-6040.10 and Revenue Account No. 265-99- 4198.10 (Grants, Fire, Cal Fire Wildfire Prevention, Other Contract Services and Grants, Cal Fire Wildfire Prevention; and
3) Take such additional, related, action that may be desirable.

FISCAL IMPACT
The California Department of Forestry and Fire Protection (CAL FIRE) Fire Prevention awarded the Montebello Fire Department $108,997 for the Montebello Wildfire Fuel Reduction and Public Education Project.

BACKGROUND
The California Department of Forestry and Fire Protection (CAL FIRE) Fire Prevention (FP) Grants Program is funded by the State of California General Fund and with Cap-

CITY COUNCIL AGENDA REPORT – MEETING OF TBD
Approval to Submit Application for the for the California Department of Forestry and Fire Protection (CAL FIRE) Fire Prevention Grants Program

and-Trade auction proceeds appropriated by the California Legislature. Up to $120 million is being allocated to CAL FIRE’s Fire Prevention Grants Program in Fiscal Year 2021-22 from the CCI Greenhouse Gas Reduction Fund (GGRF) and State General Fund.

CAL FIRE’s FP Grants Program provides funding for fire prevention projects and activities in and near fire threatened communities that focus on increasing the protection of people, structures, and communities. Funded activities include hazardous fuels reduction, wildfire prevention planning, and wildfire prevention education with an emphasis on improving public health and safety while reducing greenhouse gas emissions.

DISCUSSION
The objective of the CAL FIRE Grants Program is to fund fire prevention projects and activities in and near threatened communities that focus on increasing the protection and reducing the threat of wildfires to people, structures, and communities. This grant provides funding for three activities: 1) Hazardous Fuels Reduction, 2) Wildfire Prevention Plan, and 3) Wildfire Prevention Education.

The Montebello Fire Department will aid in the fuel reduction of the Montebello Dam Area by reducing the amount of hazardous and flammable trees. This will help prevent the potential for larger wildfires and will protect structures and property such as Montebello Metro Heights by reducing the fuel load in the area.

With the increase of wildfires, it is imperative that suppression personnel help to mitigate these hazards. This grant will allow certified instructors to train and certify Montebello Fire Department personnel on how to properly perform hazard reduction and remove large trees. They will also gain California State recognized certificates and will be able to take more classes to be better trained to protect the residents of Montebello. The awarded grant will help pay for proper tools and equipment for reducing fuel, certified instructors and state certificates. The grant will also pay for fuel removal and waste after trees have been felled.

SUMMARY
That the City Council approve the appropriation of $108,997 awarded to the Fire Department by the California Department of Forestry and Fire Protection (CAL FIRE) Fire Prevention Grants Program and amend the FY 2022-23 budget by increasing appropriations by $108,997 in Expense Account No. 265-85-856-6040.10 and Revenue Account No. 265-99-4198.10 (Grants, Fire, Cal Fire Wildfire Prevention, Other Contract Services and Grants, Cal Fire Wildfire Prevention).

ATTACHMENT (S):

A. Attachment A – Grant Agreement

CITY COUNCIL AGENDA REPORT – MEETING OF TBD
Approval to Submit Application for the for the California Department of Forestry and Fire Protection (CAL FIRE) Fire Prevention Grants Program

B. Attachment B – January 26,2022 City Council Agenda

RESOLUTION NO. 22-85

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTEBELLO

APPROVING AND ALLOWING CERTAIN CLAIMS AND DEMANDS

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MONTEBELLO HEREBY RESOLVES, FINDS, AND DECLARES AS FOLLOWS:

SECTION 1. That the reference is hereby made to that certain Reg ister of Audited Demand No.1540, consisting of 8 pages, and including:

Warrant No.

General: Checks No. 597829 through 597958
ACH No. 2991 through 3054

Successor Agency: Check No. 1496 through 1496

On file in the office of the City Clerk, the same having been audited and approved by the Assistant Director of Finance as required by law.

SECTION 2. That the said City Council having examined each such demand does hereby approve and direct the payment of same, as set forth in said Register, except the following Warrant No.

______________________________

______________________________

______________________________

SECTION 3. That the City Clerk shall certify to the passage and adoption of this Resolution and that the same shall be in full force and effect.

APPROVED AND ADOPTED this 26h day of October 2022.

_______________________________
Kimberly A. Cobos-Cawthorne, Mayor

ATTEST: APPROVED AS TO FORM:

RESOLUTION NO. 22-85

 Exhibit A – Warrant Register

_______________________ ________________________________ Christopher Jimenez, City Clerk Arnold M. Alvarez-Glasman, City Attorney

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:

CITY OF MONTEBELLO )

I, Christopher Jimenez, City Clerk of the City of Montebello, County of Los Angeles, State of California, hereby certify that th e foregoing Resolution No.22 -85 was pa ssed and adopted by the City Council of the City of Montebello, signed by the Mayor and attested by the City Clerk at a regular meeting of said Council held on the 26th day of October 2022 and that said Resolution was adopted by the following vote, to-wit:

AYES:

NOES:

ABSTAIN:

ABSENT:

The undersigned, City Clerk of the City of Montebello, does hereby attest and certify that the foregoing Resolution is a true, full and correct copy of a resolution duly adopted at a meeting of said City which was duly convened and held on the date stated thereon, and that said document has not been amended, modified, repealed or rescinded since its date of adoption and is in full force and effect as of the date hereof.

DATE: __
Christopher Jimenez, City Clerk

EXHIBIT A
CHECK # DATE AMOUNT ACCOUNT DESCRIPTION VENDOR # VENDOR NAME General Account
2991 10/06/2022 $862.57 SUPPLIES 3163 BANK OF AMERICA
2992 10/06/2022 $1,890.58 SUPPLIES 3163 BANK OF AMERICA 2993 10/06/2022 $686.81 SUPPLIES 3163 BANK OF AMERICA
2994 10/06/2022 $1,011.96 SUPPLIES 3163 BANK OF AMERICA 2995 10/06/2022 $4,678.79 SUPPLIES 3163 BANK OF AMERICA 2996 10/06/2022 $1,827.80 SUPPLIES 3163 BANK OF AMERICA 2997 10/06/2022 $104.50 VEHICLE MAINTENANCE/EXPENSES 29680 INLAND KENWORTH INC 2998 10/06/2022 ($104.50) VEHICLE MAINTENANCE/EXPENSES 29680 INLAND KENWORTH INC 2999 10/06/2022 $311,010.75 PENSION/RETIREMENT PAYABLE 17 CAL PERS 3000 10/06/2022 $3,000.00 ADVERTISING/PRINTING SERVICES 1293 923 MEDIA GROUP INC 3001 10/06/2022 $5,800.00 TRAINING 41790 ADLERHORST INTERNATIONAL LLC 3002 10/06/2022 $1,225.98 CONTRACT SERVICES 423 AIR EXCHANGE INC 3003 10/06/2022 $8,898.67 SUPPLIES 2586 AMAZON CAPITAL SERVICES INC 3004 10/06/2022 $2,534.02 VEHICLE MAINTENANCE/EXPENSES 47980 AMERICAN MOVING PARTS 3005 10/06/2022 $35,404.31 CONTRACT SERVICES 3016 ANTARES GOLF LLC 3006 10/06/2022 $400.00 CONTRACT SERVICES 2102 JOHN P BEROKOFF 3007 10/06/2022 $3,413.01 SUPPLIES 3780 JACOB CASTILLO
3008 10/06/2022 $1,666.87 SUPPLIES 10000 CLEAN SWEEP SUPPLY CO INC 3009 10/06/2022 $500.00 MACHINERY & EQUIPMENTS 72 COGRAN SYSTEMS LLC 3010 10/06/2022 $6,333.10 LEASE PAYMENT 74920 EXECUTIVE CAR LEASING COMPANY 3011 10/06/2022 $215.21 TRAVEL & MEETINGS 3384 ALICIA FERNANDEZ 3012 10/06/2022 $34.00 CONTRACT SERVICES 23660 DAIOHS USA 3013 10/06/2022 $62,077.06 CONTRACT SERVICES 371 FLO-SERVICES INC 3014 10/06/2022 $2,516.79 VEHICLE MAINTENANCE/EXPENSES 270 HARBOR DIESEL AND EQUIPMENT INC 3015 10/06/2022 $3,274.77 COPIER REPAIR/SERVICES 2793 IBE DIGITAL City of Montebello
Register of Demands No. 1540
From Payment Date 09/30/22 - To Payment Date 10/13/22

EXHIBIT A
CHECK # DATE AMOUNT ACCOUNT DESCRIPTION VENDOR # VENDOR NAME City of Montebello
Register of Demands No. 1540
From Payment Date 09/30/22 - To Payment Date 10/13/22
3016 10/06/2022 $15,682.14 CONTRACT SERVICES 2152 JOHNSON CONTROLS INC 3017 10/06/2022 $3,661.34 SUPPLIES 26670 LIFE-ASSIST INC 3018 10/06/2022 $564.85 CONTRACT SERVICES 3276 MARK ROBERT LOPEZ 3019 10/06/2022 $22,240.00 CONTRACT SERVICES 19040 MUNICIPAL CONTRACT ADMINISTRATORS INC 3020 10/06/2022 $1,274.18 BUILDING IMPROVEMENTS 3365 MOHAWK FACTORING LLC 3021 10/06/2022 $216,766.20 CONTRACT SERVICES 35250 NATIONWIDE ENVIRONMENTAL SERVICES 3022 10/06/2022 $1,300.00 CONTRACT SERVICES 13680 PEERY & ASSOCIATES INC 3023 10/06/2022 $229.74 SUPPLIES 1120 BLUETRITON BRANDS INC 3024 10/06/2022 $36,942.42 CONTRACT SERVICES 2787 S & S LABARGE GOLF INCORPORATED 3025 10/06/2022 $176.12 SUPPLIES 2594 THE SAUCE CREATIVE SERVICES CORP 3026 10/06/2022 $5,199.48 FUEL 1059 AMBER RESOURCES LLC 3027 10/06/2022 $1,120.75 SUPPLIES 2686 THE SHERWIN-WILLIAMS CO 3028 10/06/2022 $937.13 CONTRACT SERVICES 3176 PHILLIP SISNEROS 3029 10/06/2022 $3,075.00 CONTRACT SERVICES 3075 AIMEE GALICIA TORRES 3030 10/06/2022 $115.00 ADVERTISING/PRINTING SERVICES 6460 TRANSIT TALENT COM 3031 10/06/2022 $63,346.13 CONTRACT SERVICES 3133 ULTIMATE MAINTENANCE SERVICE 3032 10/06/2022 $255.93 CONTRACT SERVICES 57140 UNDERGROUND SERVICE ALERT OF SOUTHERN CA 3033 10/06/2022 $7,000.00 CONTRACT SERVICES 3433 VECTIS DC LLC 3034 10/06/2022 $4,349.50 SUPPLIES 3088 WAXIES ENTERPRISES LLC 3035 10/06/2022 $235.00 CONTRACT SERVICES 2865 WEBSTERS BEE REMOVAL SERVICES 3036 10/06/2022 $72.75 CONTRACT SERVICES 3140 WEX HEALTH INC 3037 10/13/2022 $36,173.66 CONTRACT SERVICES 37720 ADVANCED APPLIED ENGINEERING INC 3038 10/13/2022 $2,568.75 CONTRACT SERVICES 38010 ADVANCED AVANT-GARDE CORPORATION 3039 10/13/2022 $39,100.00 CONTRACT SERVICES 3411 AIM CONSULTING SERVICES 3040 10/13/2022 $58.42 SUPPLIES 2586 AMAZON CAPITAL SERVICES INC 3041 10/13/2022 $4,299.76 SUPPLIES 62880 AMERICAN MARKER 3042 10/13/2022 $360,937.60 CONTRACT SERVICES 40970 ARAKELIAN ENTERPRISES

EXHIBIT A
CHECK # DATE AMOUNT ACCOUNT DESCRIPTION VENDOR # VENDOR NAME City of Montebello
Register of Demands No. 1540
From Payment Date 09/30/22 - To Payment Date 10/13/22
3043 10/13/2022 $174.20 ADVERTISING/PRINTING SERVICES 35980 SAEED RADMEHR 3044 10/13/2022 $100.00 VEHICLE MAINTENANCE/EXPENSES 1101 BLACK AND WHITE EMERGENCY VEHICLES LLC 3045 10/13/2022 $855.00 CONTRACT SERVICES 3025 COMPLETE LANDSCAPE CARE INC 3046 10/13/2022 $880.40 SUPPLIES 3091 DOUBLE DIAMOND INVESTMENT GROUP INC 3047 10/13/2022 $2,450.00 CONTRACT SERVICES 71920 TOYETTA L BEUKES 3048 10/13/2022 $16,142.52 CONTRACT SERVICES 2793 IBE DIGITAL 3049 10/13/2022 $17,100.80 CONTRACT SERVICES 3490 INTER-CON SECUIRTY SYSTEMS INC 3050 10/13/2022 $12,358.76 CONTRACT SERVICES 26880 SEBASTIAN WATERWORKS INC 3051 10/13/2022 $27,338.00 CONTRACT SERVICES 3028 ONWARD ENGINEERING 3052 10/13/2022 $20,000.00 CONTRACT SERVICES 61050 REDFLEX TRAFFIC SYSTEMS 3053 10/13/2022 $4,466.22 SUPPLIES 395 MARIA TERESA VASQUEZ 3054 10/13/2022 $72.75 CONTRACT SERVICES 3140 WEX HEALTH INC ACH TOTAL $1,388,883.55
597829 10/06/2022 $471.50 CONTRACT SERVICES 3084 ABM INDUSTRIES INC 597830 10/06/2022 $153.20 CONTRACT SERVICES 3577 ACTION DOOR REPAIR CORPORATION 597831 10/06/2022 $789.49 UTILITY SERVICES 2257 AIRESPRING INC 597832 10/06/2022 $423.95 UTILITY SERVICES 39550 AT&T
597833 10/06/2022 $1,250.00 VEHICLE MAINTENANCE/EXPENSES 278 ATLAS RADIATOR INC 597834 10/06/2022 $39,469.50 CONTRACT SERVICES 2589 AXON ENTERPRISE INC 597835 10/06/2022 $6,560.63 CONTRACT SERVICES 3724 BELFOR USA GROUP INC 597836 10/06/2022 $52.50 CONTRACT SERVICES 2769 KATALINA BELTRAN 597837 10/06/2022 $183.48 SUPPLIES 159 BOUND TREE MEDICAL LLC 597838 10/06/2022 $50.00 TRAINING 21620 BURRO CANYON ENTERPRISES INC 597839 10/06/2022 $257.51 UTILITY SERVICES 47580 CALIFORNIA WATER SERVICE COMPANY 597840 10/06/2022 $765.70 CONTRACT SERVICES 40850 MARIA E CASAS

EXHIBIT A
CHECK # DATE AMOUNT ACCOUNT DESCRIPTION VENDOR # VENDOR NAME City of Montebello
Register of Demands No. 1540
From Payment Date 09/30/22 - To Payment Date 10/13/22
597841 10/06/2022 $691.52 CONTRACT SERVICES 36870 CINTAS CORPORATION NO 3 597842 10/06/2022 $125.00 TRAINING 842 CSULB FOUNDATION 597843 10/06/2022 $175.00 CONTRACT SERVICES 2759 D F POLYGRAPH 597844 10/06/2022 $190.00 ADVERTISING/PRINTING SERVICES 1354 DAILY JOURNAL CORPORATION 597845 10/06/2022 $525.00 ADVERTISING/PRINTING SERVICES 1847 DODGE DATA AND ANALYTICS LLC 597846 10/06/2022 $750.45 CONTRACT SERVICES 47770 DUTHIE ELECTRIC SERVICE CORPORATION 597847 10/06/2022 $1,469.15 SUPPLIES 7610 EWING IRRIGATION PRODUCTS 597848 10/06/2022 $38.29 MAIL/ POSTAL EXPENSE 22400 FEDERAL EXPRESS CORPORATION 597849 10/06/2022 $2,928.85 UNIFORM EXPENSE 55650 GALLS LLC 597850 10/06/2022 $439.65 MACHINERY & EQUIPMENTS 3350 GARVEY EQUIPMENT COMPANY 597851 10/06/2022 $5,415.59 IMPROVEMENTS OTHER THAN BUILDING 57890 GENTRY BROTHERS INC 597852 10/06/2022 $602.93 VEHICLE MAINTENANCE/EXPENSES 33720 GILLIG LLC 597853 10/06/2022 $715.00 CONTRACT SERVICES 3846 GREGORY A MILES 597854 10/06/2022 $270.50 TRAVEL & MEETINGS 3454 KIMBERLY GUILLEN 597855 10/06/2022 $314.05 VEHICLE MAINTENANCE/EXPENSES 30190 IB AUTO PARTS INC 597856 10/06/2022 $1,198.14 MACHINERY & EQUIPMENTS 3436 HPC COMPUTERS USA INC 597857 10/06/2022 $15,741.25 CONTRACT SERVICES 3302 JACOB GREEN & ASSOCIATES INC 597858 10/06/2022 $7,930.00 CONTRACT SERVICES 2942 JAIROS PLUMBING INC 597859 10/06/2022 $595.00 CONTRACT SERVICES 3295 JORGE CORREA 597860 10/06/2022 $616.00 CONTRACT SERVICES 1244 LOS ANGELES COUNTY AGRICULTURAL 597861 10/06/2022 $24,616.83 UTILITY SERVICES 4760 MONTEBELLO LAND & WATER CO 597862 10/06/2022 $910.00 DUES & SUBSCRIPTIONS 2355 MONTEBELLO ROTARY CLUB 597863 10/06/2022 $2,110.70 VEHICLE MAINTENANCE/EXPENSES 54300 SHAK ENTERPRISES INC 597864 10/06/2022 $294.43 SUPPLIES 66340 BENNELLI LLC
597865 10/06/2022 $39,945.00 CONTRACT SERVICES 3845 NANCY P. DOUMANIAN, INC. 597866 10/06/2022 $6,129.48 CONTRACT SERVICES 3225 NELSON NYGAARD CONSULTING ASSOC INC 597867 10/06/2022 $883.50 CONTRACT SERVICES 41180 MANUEL NUNEZ

EXHIBIT A
CHECK # DATE AMOUNT ACCOUNT DESCRIPTION VENDOR # VENDOR NAME City of Montebello
Register of Demands No. 1540
From Payment Date 09/30/22 - To Payment Date 10/13/22
597868 10/06/2022 $9,150.74 SUPPLIES 3305 OCML INC
597869 10/06/2022 $9,445.46 CONTRACT SERVICES 3526 PATH 597870 10/06/2022 $48.56 UTILITY SERVICES 100 PICO WATER DISTRICT 597871 10/06/2022 $10,275.00 CONTRACT SERVICES 1720 PLANETBIDS INC 597872 10/06/2022 $800.00 TRAINING 979 PRADO FAMILY SHOOTING RANGE 597873 10/06/2022 $9,272.18 CONTRACT SERVICES 3279 PROCURE AMERICA INC 597874 10/06/2022 $121.26 SUPPLIES 56260 PRUDENTIAL OVERALL SUPPLY 597875 10/06/2022 $150.00 TRAVEL & MEETINGS 3849 GARY T ROBINSON 597876 10/06/2022 $400.00 CONTRACT SERVICES 3632 JAMIE J SAENZ 597877 10/06/2022 $76,379.60 UTILITY SERVICES 14730 SAN GABRIEL VALLEY WATER CO 597878 10/06/2022 $126,280.22 CONTRACT SERVICES 14730 SAN GABRIEL VALLEY WATER COMPANY 597879 10/06/2022 $45.42 VEHICLE MAINTENANCE/EXPENSES 716 SOUTH BAY FORD INC 597880 10/06/2022 $185,065.94 UTILITY SERVICES 45630 SOUTHERN CALIFORNIA EDISON 597881 10/06/2022 $1,947.50 CONTRACT SERVICES 13330 STATE WATER RESOURCES CONTROL BOARD ACCOUNTING OFFICE 597882 10/06/2022 $177.08 CONTRACT SERVICES 3397 STERICYCLE INC 597883 10/06/2022 $158.59 CONTRACT SERVICES 1963 SUEZ WTS SERVICES USA INC 597884 10/06/2022 $6,778.90 UTILITY SERVICES 526 T-MOBILE USA INC 597885 10/06/2022 $7,216.00 CONTRACT SERVICES 74560 TARGETSOLUTIONS LLC 597886 10/06/2022 $3,773.84 VEHICLE MAINTENANCE/EXPENSES 60710 THE AFTERMARKET PARTS COMPANY LLC 597887 10/06/2022 $126.50 SUPPLIES 3110 TOMAS ALVARADO
597888 10/06/2022 $114.00 SUPPLIES 45120 ULINE INC
597889 10/06/2022 $653.44 SUPPLIES 131 UNITED SITE SERVICES INC 597890 10/06/2022 $7,872.07 COPIER REPAIR/SERVICES 2747 US BANK EQUIPMENT FINANCE 597891 10/06/2022 $3,886.00 CONTRACT SERVICES 37 US SECURITY ASSOCIATES INC 597892 10/06/2022 $627.36 UTILITY SERVICES 23610 VERIZON WIRELESS 597893 10/06/2022 $4,366.92 VEHICLE MAINTENANCE/EXPENSES 25860 WAYNE HARMEIER INC 597894 10/06/2022 $49,193.00 CONTRACT SERVICES 40860 WEST COAST ARBORISTS INC

EXHIBIT A
CHECK # DATE AMOUNT ACCOUNT DESCRIPTION VENDOR # VENDOR NAME City of Montebello
Register of Demands No. 1540
From Payment Date 09/30/22 - To Payment Date 10/13/22
597895 10/06/2022 $1,141.00 CONTRACT SERVICES 71170 YOUNG ELECTRIC SIGN COMPANY 597896 10/06/2022 $7,469.01 CONTRACT SERVICES 3731 YUNEX LLC 597897 10/06/2022 $471.24 TRAINING 49660 RUBEN ZABALA
597898 10/06/2022 $4,514.56 MACHINERY & EQUIPMENTS 3738 CALIFORNIA SURVEYING AND DRAFTING SUPPLY INC 597899 10/06/2022 $4,000.00 PROMOTIONS 1415 SAN GABRIEL VALLEY COMMERCE & CITIES CONSORTIUM 597900 10/06/2022 $11,013.23 CONTRACT SERVICES 673 SILVER & WRIGHT LLP 597901 10/13/2022 $59.03 UTILITY SERVICES 1732 AT&T CORP 597902 10/13/2022 $2,493.57 UTILITY SERVICES 39550 AT&T 597903 10/13/2022 $4.76 UTILITY SERVICES 39550 AT&T
597904 10/13/2022 $43.52 UTILITY SERVICES 73760 AT&T TELECONFERENCE SERVICES 597905 10/13/2022 $2,409.55 CONTRACT SERVICES 27170 BEVERLY HOSPITAL 597906 10/13/2022 $250.00 TRAINING 3728 BLUE TO GOLD LLC 597907 10/13/2022 $1,287.27 UTILITY SERVICES 47580 CALIFORNIA WATER SERVICE COMPANY 597908 10/13/2022 $806.80 CONTRACT SERVICES 3847 CCF FLOORING CONTRACTORS, INC 597909 10/13/2022 $225.00 CONTRACT SERVICES 3862 JACQUELINE ALEJANDRA MURILLO CERVANTES 597910 10/13/2022 $998.43 UTILITY SERVICES 55830 CHARTER COMMUNICATIONS 597911 10/13/2022 $5,464.51 UTILITY SERVICES 55830 CHARTER COMMUNICATIONS 597912 10/13/2022 $734.93 VEHICLE MAINTENANCE/EXPENSES 45170 MONTEBELLO AUTO GROUP LLC 597913 10/13/2022 $703.30 CONTRACT SERVICES 36870 CINTAS CORPORATION NO 3 597914 10/13/2022 $467,571.95 CONTRACT SERVICES 2530 CJ CONCRETE CONSTRUCTION INC 597915 10/13/2022 $1,495.84 SUPPLIES 2455 HASA, INC.
597916 10/13/2022 $7,998.00 CONTRACT SERVICES 3784 CPACINC.COM 597917 10/13/2022 $1,085.16 TRAINING 54160 MONIQUE DELLIBOVI 597918 10/13/2022 $500.00 CONTRACT SERVICES 3856 MARTIN EDWARD ESPINO 597919 10/13/2022 $2,893.03 CONTRACT SERVICES 1117 FILE KEEPERS LLC 597920 10/13/2022 $1,949.38 VEHICLE MAINTENANCE/EXPENSES 29160 FORD OF MONTEBELLO 597921 10/13/2022 $888.60 SUPPLIES 55650 GALLS LLC

EXHIBIT A
CHECK # DATE AMOUNT ACCOUNT DESCRIPTION VENDOR # VENDOR NAME City of Montebello
Register of Demands No. 1540
From Payment Date 09/30/22 - To Payment Date 10/13/22
597922 10/13/2022 $1,457.15 TRAINING 72010 SCOTT D HOWARD 597923 10/13/2022 $250.00 GENERAL GOVERNMENT 3508 DAYANA ILLESCAS 597924 10/13/2022 $13,400.00 CONTRACT SERVICES 3321 JOSE LUIS ZAVALA 597925 10/13/2022 $250.00 GENERAL GOVERNMENT 3860 MELISSA LOPEZ 597926 10/13/2022 $305.00 GENERAL GOVERNMENT 3852 MIRIAM MATA 597927 10/13/2022 $95.00 GENERAL GOVERNMENT 3853 DAVID VALENZUELA MENA 597928 10/13/2022 $11,000.00 CONTRACT SERVICES 1665 MONTEBELLO SPEAKER REPAIR CENTER INC 597929 10/13/2022 $1,856.61 VEHICLE MAINTENANCE/EXPENSES 54300 SHAK ENTERPRISES INC 597930 10/13/2022 $300.00 TRAINING 3859 GREGORY MORALES 597931 10/13/2022 $2,797.14 SUPPLIES 2480 SOCAL AUTO & TRUCK PARTS INC 597932 10/13/2022 $1,500.00 CONTRACT SERVICES 1496 NON STOP FUN 597933 10/13/2022 $5,440.00 CONTRACT SERVICES 3782 PC SPECIALISTS INC., DBA TECH. INTEGRATION GROUP 597934 10/13/2022 $200.00 CONTRACT SERVICES 3861 DAVID PERALTA 597935 10/13/2022 $1,598.00 CONTRACT SERVICES 3055 CHARLES R ONEAL 597936 10/13/2022 $8,618.36 UNIFORM EXPENSE 161 PREMIERE CUSTOM SILKSCREENING 597937 10/13/2022 $172.52 SUPPLIES 56260 PRUDENTIAL OVERALL SUPPLY 597938 10/13/2022 $700.00 CONTRACT SERVICES 3687 JESSE PUEBLA 597939 10/13/2022 $1,664.00 TRAINING 51460 RIO HONDO COMMUNITY COLLEGE 597940 10/13/2022 $1,500.00 CONTRACT SERVICES 3851 ROBERT JOHN BIELMA 597941 10/13/2022 $400.00 CONTRACT SERVICES 61140 MICHAEL SAVEDRA 597942 10/13/2022 $400.00 CONTRACT SERVICES 61140 MICHAEL SAVEDRA 597943 10/13/2022 $9,464.99 UTILITY SERVICES 51430 SOUTH MONTEBELLO IRRIGATION DISTRICT 597944 10/13/2022 $5,279.16 UTILITY SERVICES 45630 SOUTHERN CALIFORNIA EDISON 597945 10/13/2022 $59,581.51 FUEL INVENTORY 40520 SOUTHERN CALIFORNIA GAS CO 597946 10/13/2022 $855.08 CONTRACT SERVICES 3397 STERICYCLE INC 597947 10/13/2022 $500.09 CONTRACT SERVICES 1963 SUEZ WTS SERVICES USA INC 597948 10/13/2022 $2,484.67 UTILITY SERVICES 72570 US TELEPACIFIC CORP

EXHIBIT A
CHECK # DATE AMOUNT ACCOUNT DESCRIPTION VENDOR # VENDOR NAME City of Montebello
Register of Demands No. 1540
From Payment Date 09/30/22 - To Payment Date 10/13/22
597949 10/13/2022 $27,009.66 CONTRACT SERVICES 3187 TRISTAR RISK MANAGEMENT 597950 10/13/2022 $9,178.28 CONTRACT SERVICES 3406 UNIVERSAL PROTECTION SERVICE LP 597951 10/13/2022 $80.00 GENERAL GOVERNMENT 3854 PATRICIA VALENZUELA 597952 10/13/2022 $141,014.62 CONTRACT SERVICES 3850 VARIABLE SPEED SOLUTIONS, INC. 597953 10/13/2022 $700.00 CONTRACT SERVICES 3839 JOSE VASQUEZ 597954 10/13/2022 $7,758.81 UTILITY SERVICES 23610 VERIZON WIRELESS 597955 10/13/2022 $550.00 GENERAL GOVERNMENT 3832 DANIEL VILLANUEVA LUNA 597956 10/13/2022 $400.00 CONTRACT SERVICES 3855 VINCENT D CHAN 597957 10/13/2022 $67.95 CONTRACT SERVICES 3572 JIM WARINO 597958 10/13/2022 $14,672.21 CONTRACT SERVICES 3731 YUNEX LLC CHECK
TOTAL
$1,542,346.83
Successor Agency (SA)
1496 10/13/2022 $2,432.00 CONTRACT SERVICES 17870 THE BANK OF NEW YORK MELLON SA TOTAL $2,432.00
GRAND TOTAL $2,933,662.38