Pleasant Hill City Council
September 12, 2022

CITY OF PLEASANT HILL

CITY COUNCIL MEETING AGENDA
SEPTEMBER 12, 2022
REGULAR MEETING – 7:00 PM
Per City Council resolution under AB 361, members of the City Council, City staff/consultants, and the public will be able to participate either in-person* at
City Hall, 100 Gregory Lane, Pleasant Hill, CA 94523
or remotely via Zoom.
*Due to social distancing requirements, limited seating is available in person; if capacity is reached, you may participate remotely via Zoom.*
Watch on YouTube at: www.pleasanthillca.org/councilmeeting To provide comments via teleconference, click on the meeting link and enter the meeting ID and Passcode:

Meeting link: www.zoom.us
Meeting ID: 831 8348 3159
Passcode: 309137
The meeting ID and Passcode will change each meeting. See more information on Public Participation Options below.

City Council Meeting Agenda Page 1 September 12, 2022
City Offices, 100 Gregory Lane, Pleasant Hill, CA 94523 Telephone (925) 671-5267 MAYOR MICHAEL G. HARRIS COUNCILMEMBER KEN CARLSON

VICE MAYOR TIMOTHY FLAHERTY COUNCILMEMBER SUE NOACK

COUNCILMEMBER MATTHEW RINN
Options for observing the meeting and participating in public comment are provided below.

Public Communication. The public is welcome to address the City Council on items on the Consent Calendar or other items not listed on the agenda but within the Council’s jurisdiction during the general Public Comment period. There is an opportunity for the public to comment on other agenda items at the time they are discussed.

Comments are generally limited to three minutes.

Public Participation Options
1)_ Watch the Meeting via Youtube Livestream at www.pleasanthillca.org/councilmeeting. 2) Submit Written Comments by 4 pm the Day of the Meeting to [email protected] (comments received by deadline will be provided to the City Council before the meeting). Please specify that the correspondence is for public comment at the Council meeting. 3) Make Public Comment During the Meeting
When the Mayor invites public comment (or public comments on specific agenda items), you may participate in one of the following three ways:

City Council Meeting Agenda Page 2 September 12, 2022
a. Via Zoom
Go to www.Zoom.us using your computer/smart device and enter the Meeting ID and Passcode provided near the top of this page. You are encouraged to turn on your camera/video with a blurred background during your public comment so the City Council and public can see you on screen. We ask that you state your name and city of residence for the record when you start your comments.

Please use the "Raise hand" feature in Zoom. You will be observing the meeting as an Attendee and will not be seen or heard until it is your turn to speak. You will be invited into the meeting as a Panelist and asked to speak when it is your turn.
 Try to be in a room or space without a lot of background noise.  Mute your microphone until it is your turn to speak.
 Have a strong, reliable internet connection
a. Via Phone
Call (669) 900-6833 and enter the Meeting ID and Passcode. If connecting via telephone, press *9 to “raise your hand” to alert staff that you wish to speak. (Note that there may be multiple hearing items on the same agenda.)
 Have a strong, reliable internet connection or cell phone signal. a. In Person
Members of the public may attend the meeting in person subject to the limited space available. You may speak on any matter within the City Council's jurisdiction. Please fill out a speaker's card, available at the entry to the Council Chambers, and turn it in to the City Clerk.

If, due to a disability, a reasonable accommodation is needed to participate in this meeting, please contact the ADA Coordinator 24 hours in advance of the meeting at (925) 671-5221 or via California Relay at 711.

Materials related to an item on this agenda submitted to the Council after distribution of the agenda packet are available to the public in the City’s Public Records Portal at https://cityarchive.pleasanthillca.org/WebLink/ (click on City Council Agenda Packets) or by contacting the City Clerk at [email protected] or 925-671-5221.

City Council Meeting Recordings and Broadcasts.

Recorded City Council meetings are broadcast on Comcast Channel 28, Wave Channel 1029, and AT&T UVerse Channel 99 on the Wednesday following the meeting. Video recordings are generally available within 48 hours of the meeting, and may be viewed on the City’s website at www.pleasanthillca.org/MeetingVideos and selecting “City Council” from the meeting groups.

Agendas are Available for Review on the City Hall official noticing bulletin board (100 Gregory Lane), at the Pleasant Hill Police Department (330 Civic Drive), the Pleasant Hill Senior Center (233 Gregory Lane), and on the City’s website at www.pleasanthillca.org/agendas. Agenda packets will be available to the public on the City’s website at the same time as they are made available to the City Council.

City Council Meeting Agenda Page 3 September 12, 2022

1. PLEDGE OF ALLEGIANCE

2. ROLL CALL

3. PRESENTATIONS

3.1 Acknowledgement of Henry Rudnick as Honorary Mayor for a Day

3.2 Update on Pleasant Hill Library Programs

3.3 Proclamation Designating September as Hispanic and LatinX Heritage Month

4. CITY MANAGER COMMENTS:
(Brief updates on pending City business without discussion by the City Council.)

5. COUNCIL ANNOUNCEMENTS AND REPORTS

5.1 Reports from Councilmembers on Meetings or Conferences Attended at City Expense (A) Contra Costa Mayors Conference Hosted via Teleconference on September 1, 2022 (B) Other Meetings Attended at City Expense

5.2 Announcements from Councilmembers

6. PUBLIC COMMENT:

The public is welcome at this time to address the City Council on items on the agenda. Comments are limited to three minutes per speaker.

To provide public comments, please see the Public Participation Options above.

7. CONSENT CALENDAR: All matters listed under “Consent Calendar” are considered by the Council to be routine and will be enacted by one motion. There will be no separate Council discussion of these items unless requested by a Councilmember prior to the time Council votes on the motion to adopt.

7.1 Approve Minutes for the Regular City Council Meeting of August 1, 2022

7.2 Approve Checks Dated: July 29, 2022; August 5, 2022; August 12, 2022; August 19, 2022; August 26, 2022; August 29, 2022; September 2, 2022

7.3 Accept Update on Contra Costa Transportation Authority and Transpac

7.4 Reaffirm Resolution No. 33-22 Approving Continued Teleconferenced, Hybrid or In-Person Meetings of All City Legislative Bodies Pursuant to the Provisions of AB 361

7.5 Approve Appointment Recommendations to the Education Commission, Planning Commission and Traffic Safety Commission

7.6 Adopt Resolution No. ___-22 Amending the Adopted Credit Card and Electronic Payment Processing Charges and Directing Said Charges be Added to the Master Fee Schedule City Council Meeting Agenda Page 4 September 12, 2022

7.7 Adopt Resolution No. ___-22, Approving a Request for a Letter of Support for a Grant Application Submitted by Satellite Affordable Housing Associates (SAHA) to California Department of Housing Community Development (HCD) for the Affordable Senior Housing Project at 490 Golf Club Road

7.8 Adopt Resolution No. ___-22 Authorizing a Request to the U.S. Department of Transportation for the Allocation of 2022 Bridge Investment Program Grant Funds

7.9 Adopt Resolution No. ___-22 Authorizing the City Engineer to Submit a Request to the Metropolitan Transportation Commission for the Allocation of 2022 One Bay Area Grant Funds and Authorizing the City to Partner with the Contra Costa Transportation Authority on a Countywide Multi-Agency Grant Proposal under the 2022 One Bay Area Grant Program

7.10 Adopt Resolution No. ___-22 Adopting the 2022 Local Roadway Safety Plan Final Report, Adopt Resolution No. ___-22 Authorizing the City Manager to Execute Program Supplement Agreement No. 00000A074, and Adopt Resolution No. ___-22 Authorizing the City Manager to Execute State Master Agreement No. 04-5375S21 for State-Funded Projects

7.11 Adopt Resolution No.___-22 Authorizing the City Manager to Execute an Agreement with Sable Computer, Inc. for the Purchase and Implementation of the Cohesity Backup and Data Protection Solution

7.12 Adopt Resolution No. ___-22 Authorizing the City Manager to Fund 30% of the Information Systems Technician Position from Measure K to Support the New Library

8. ACTION CALENDAR

8.1 Public Hearing and Adopt Resolution No. __-22 to Deny an Appeal and Uphold the Decision of the Planning Commission to Deny a Reasonable Accommodation Request (PLN 21-0497) for an Accessory Structure within Setback Area and a Fence/Gate Exceeding Allowable Heights at 406 Kahrs Avenue
Item is continued to October 3, 2022

8.2 Adopt Resolution No. ___-22 Awarding the Construction Contract for the 2022 Street Resurfacing Project No. PSC-01-22 and Authorize the City Manager to Execute A Construction Contract with MCK Services, Inc.

8.3 Adopt Resolution No. ___-22 Authorizing the City Manager to Execute a Professional Services Agreement with Park Engineering For Materials Testing and Construction Inspection Services for the 2022 Street Resurfacing Project No. PSC-01-22

8.4 Public Hearing and Introduce Ordinance No. ___ Amending Zoning Ordinance Regulations for Urban Lot Splits (Section 18.20.097) and Two-Unit Projects (Section 18.20.105) Related to Senate Bill 9 (SB 9) and Determining the Ordinance to be Exempt from CEQA Exempt per Section 15061, subdivision (b)(3), and per Section 65852.21, subdivision (j), and Section 66411.7, subdivision (n).

City Council Meeting Agenda Page 5 September 12, 2022

8.5 Adopt Resolution No. ___-22 Authorizing the City Manager to Execute a First Amendment to the Professional Services Agreement with LCC Engineering and Surveying, Inc. for Engineering Services for the FY 2018/2020 Measure K Pedestrian and Bicycle Program

9. ADJOURNMENT
Next City Council Meeting: October 3, 2022

CITY COUNCIL STAFF REPORT
Meeting Date: September 12, 2022
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: APPROVE MINUTES FOR THE REGULAR CITY COUNCIL MEETING OF AUGUST 1, 2022

RECOMMENDED CITY COUNCIL ACTION
Approve the minutes.

ATTACHMENT(S):

August 1, 2022 – Tentative Minutes
Prepared by: Carol Wu, City Clerk Recorder

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MINUTES OF THE
REGULAR MEETING – CITY COUNCIL
August 1, 2022
City Council Meeting Minutes Page 1 August 1, 2022
Mayor Harris called a Regular Meeting of the City Council to order at 7:00 PM via teleconference, complete proceedings of which were electronically recorded. The meeting agenda was posted on the City Hall outdoor bulletin board at 100 Gregory Lane, Pleasant Hill, CA on July 28, 2022, by Deputy City Clerk Juanita Davalos.

1. CALL TO ORDER

2. ROLL CALL
Attendee Name Title Status
Michael G. Harris Mayor Present
Timothy M. Flaherty Vice Mayor Present
Ken Carlson Councilmember Present
Sue Noack Councilmember Present
Matthew Rinn Councilmember Present

3. PRESENTATIONS

3.1 Award of Appreciation to Jack Noyes for Service on the Concord/Pleasant Hill Health Care District (CPHHCD) Grant Committee from 2012-2022, and Introduction of New CPHHCD Grant Committee Member Patricia Tanquary Mayor Harris presented an award of appreciation to outgoing committee member, Jack Noyes.

Vice Mayor Flaherty introduced incoming committee member, Patricia Tanquary.

3.2 Introduction of Reappointed Library Commissioners Katherine Bracken (Primary) and Julia Dozier (Alternate)
Vice Mayor Flaherty introduced Katherine Bracken (Primary) and Julia Dozier (Alternate), the reappointed Library Commissioners.

3.3 Award of Appreciation to Tracy Ervin-Lowery for Service on the Education Commission from 2011 – 2022
Mayor Harris presented an award of appreciation to outgoing Education Commissioner, Tracy Ervin-Lowery.

3.4 Proclamation Designating August 31, 2022 as Overdose Awareness Day Mayor Harris presented a proclamation to Mariella Sanding, Contra Costa County MEDS Coalition, declaring August 31, 2022 as Overdose Awareness Day.

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Attachment: August 1, 2022 Tentative Minutes (Minutes)
City Council Meeting Minutes Page 2 August 1, 2022

4. CITY MANAGER COMMENTS:

June Catalano, City Manager, reported that:
 National Night Out will be held on August 2, 2022 from 6:00 p.m. to 8:00 p.m.;  The Pleasant Hill Local Government Academy will begin on August 25, 2022;  The Commission on Aging, in partnership with the Pleasant Hill Recreation & Park District, will offer an in person workshop on “Aging in Place” on August 17, 2022 from 1:00 p.m. to 2:30 p.m.; and
 The band “Cut Loose” will be featured at the Summer Concert by the Lake to be held on August 7, 2022.

5. COUNCIL ANNOUNCEMENTS AND REPORTS

5.1 Reports from Councilmembers on Meetings or Conferences Attended at City Expense
Mayor Harris and Councilmember Carlson reported their attendance at the League of California Cities East Bay Division meeting.

5.2 Announcements from Councilmembers
Mayor Harris reported his participation as a panelist at the Community Conversation: Youth and Mental Health sponsored by the Civic Action Commission.

Mayor Harris, Vice Mayor Flaherty, and Councilmembers Carlson, Noack and Rinn, reported their attendance at the grand opening for the new Pleasant Hill Library held on July 30, 2022.

The Councilmembers acknowledged the efforts of the parties that worked on the new library project and on the grand opening event.

6. PUBLIC COMMENT
Mayor Harris opened public comment.

Jim Bonato, Pleasant Hill, commented on the evolution of the City, and thanked the current Councilmembers and their predecessors.

Mayor Harris closed public comment.

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Attachment: August 1, 2022 Tentative Minutes (Minutes)
City Council Meeting Minutes Page 3 August 1, 2022

7. CONSENT CALENDAR
Motion (Rinn/Carlson) to Approve all consent items, carried as follows:

AYES: Carlson, Flaherty, Noack, Rinn, Harris

7.1 Approve Minutes for the Regular City Council Meeting of July 11, 2022

7.2 Approve Checks Dated: July 15, 2022; July 22, 2022

7.3 Accept Update on Contra Costa Transportation Authority and TRANSPAC

7.4 Reaffirm Resolution No. 33-22 Approving Continued Teleconferenced, Hybrid or In-Person Meetings of All City Legislative Bodies Pursuant to the Provisions of AB 361

7.5 Adopt Resolution No. 60-22 Designating Councilmember Ken Carlson as a Voting Delegate at the League of California Cities Annual Conference from September 7-9 in Long Beach, California

7.6 Adopt Resolution No. 61-22 Approving and Authorizing the City Engineer to Record Final Map and Authorize the City Manager to Execute a Subdivision Agreement with CDP PH Holding LLC for Subdivision 9520 (401 Taylor Boulevard)

7.7 Adopt Resolution No. 62-22 Authorizing a Request to the State of California, Department of Transportation for the Allocation of 2022 Highway Safety Improvement Program Cycle 11 Grant Funds

7.8 Adopt Resolution No. 63-22 Authorizing a Request to the U.S. Department of Transportation for the Allocation of 2022 Safe Streets and Roads for All Grant Program Funds

7.9 Adopt Resolution No. 64-22 Authorizing a Request to the U.S. Department of Transportation for the allocation of 2022 Reconnecting Communities Pilot Discretionary Grant Program Funds

7.10 Adopt Resolution No. 65-22 Authorizing the City Manager to Execute a Professional Services Agreement with Advanced Mobility Group to Prepare a Local Roadway Safety Plan

7.11 Adopt Resolution No. 66-22 Authorizing a Request to the Metropolitan Transportation Commission for the Allocation of 2002 One Bay Area Grant (Cycle 3) Funds

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Attachment: August 1, 2022 Tentative Minutes (Minutes)
City Council Meeting Minutes Page 4 August 1, 2022

7.12 Adopt Resolution No. 67-22 Authorizing the City Manager to Execute an Agreement with Sunny Neon, Inc. for the Purchase and Replacement of LED Panels for the LED Sign at City Hall

7.13 Approve Letter Supporting AB 988 (Bauer-Kahan) The Miles Hall Lifeline and Suicide Prevention Act

7.14 Adopt Resolution No. 68-22 Approving Amendments to the Authorized American Rescue Plan Act (ARPA) Funds Projects and Programs

8. PUBLIC WORKS AND COMMUNITY DEVELOPMENT

8.1 Public Hearing and Adopt Resolution No. 69-22 Approving a Development Plan Permit & Architectural Review Permit Amendment (PLN 18-0198) for the Cambria Hotel Project Including Site Improvements at 3131 and 3195 North Main Street and 1531 Oak Park Boulevard (Assessor Parcel Numbers 170-092- 050, 054, 055, 057, 058, 059)
Troy Fujimoto, City Planner, delivered a presentation on the proposed request concerning the Cambria Hotel project.

Andrew Wood, Stratus Development and Applicant, explained the project timeline.

No one from the public spoke on the item.

Motion (Noack/Carlson) to Approve item 8.1, as amended, carried as follows:

AYES: Carlson, Flaherty, Noack, Rinn, Harris

8.2 Adopt Resolution No. 70-22 Authorizing a First Amendment to Professional Services Agreement for Design Services with Ruggeri-Jensen-Azar for the Diablo Vista Water System 12” Main Replacement Phase II Project Ann James, Maintenance Superintendent, delivered a presentation on Phase II of the Diablo Vista Water System 12 inch water main replacement project.

No one from the public spoke on the item.

Motion (Carlson/Flaherty) to Approve item 8.2, carried as follows:

AYES: Carlson, Flaherty, Noack, Rinn, Harris

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Attachment: August 1, 2022 Tentative Minutes (Minutes)
City Council Meeting Minutes Page 5 August 1, 2022

8.3 Adopt Resolution No.71-22 Authorizing the City Manager to Execute a Fourth Amendment to the Agreement with Swinerton Management and Consulting for Project, Construction, and Project Management Services and Resolution No. 72- 22 Authorizing the City Manager to Execute a Fifth Amendment to the Agreement with Bohlin Cywinski Jackson for Architectural and Design Services for the New Library
Ananthan Kanagasundaram, City Engineer, delivered a presentation on the provisions of the Fourth Amendment to the professional services agreement with Swinerton Management and Consulting; and the Fifth Amendment to the professional services agreement with Bohlin Cywinski Jackson for the new library project.

No one from the public spoke on the item.

Motion (Noack/Rinn) to Approve item 8.3, carried as follows:

AYES: Carlson, Flaherty, Noack, Rinn, Harris

8.4 Approve Letter Opposing SB 932 (Portantino) General plans: Circulation Element: Bicycle and Pedestrian Plans
Ananthan Kanagasundaram, City Engineer, delivered a presentation on SB 932(Portantino) and explained staff’s recommendation to oppose the bill.

No one from the public spoke on the item.

Motion (Carlson/Rinn) to Approve item 8.4, carried as follows:

AYES: Carlson, Flaherty, Noack, Rinn, Harris

8.5 Public Hearing and Adopt Resolution No. __-22 to Deny an Appeal and Uphold the Decision of the Planning Commission to Deny a Reasonable Accommodation Request (PLN 21-0497) for an Accessory Structure within Setback Area and a Fence/Gate Exceeding Allowable Heights at 406 Kahrs Avenue Item is continued to September 12, 2022

9. ADJOURNMENT
Mayor Harris adjourned the meeting at 8:42 p.m. The next regular meeting will be held on Monday, September 12, 2022, beginning at 7:00 p.m.
________
CAROL W. WU, CITY CLERK RECORDER

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Attachment: August 1, 2022 Tentative Minutes (Minutes)

CITY COUNCIL STAFF REPORT
Meeting Date: September 12, 2022
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: APPROVE CHECKS DATED: JULY 29, 2022; AUGUST 5, 2022; AUGUST 12, 2022; AUGUST 19, 2022; AUGUST 26, 2022; AUGUST 29, 2022; SEPTEMBER 2, 2022

RECOMMENDED CITY COUNCIL ACTION
Approve the check register.

ATTACHMENT(S):

Check Register
Prepared by: Sabrina Kwan, Accounting Technician II
Approved by: Erick Cheung, Finance Manager

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CITY COUNCIL STAFF REPORT
Meeting Date: September 12, 2022
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: ACCEPT UPDATE ON CONTRA COSTA TRANSPORTATION

AUTHORITY AND TRANSPAC

SYNOPSIS
Each month, TRANSPAC meets to provide direction to its staff and make recommendations to the Contra Costa Transportation Authority (CCTA) on significant transportation and land use issues. The attachments to this report include the CCTA Executive summary and Board meeting minutes for June 15, 2022, and the TRANSPAC Board meeting summary minutes for June 9, 2022.

DISCUSSION
Background
TRANSPAC was formed in 1986 to provide the cities of Central Contra Costa County a forum to discuss mutual planning and transportation issues. When Measure C, a countywide transportation proposition, was adopted in 1988, TRANSPAC became the official regional transportation, land use, and housing forum for Central Contra Costa County. The member agencies include Contra Costa County, Clayton, Concord, Martinez, Walnut Creek, and Pleasant Hill.

TRANSPAC meets monthly to discuss transportation-related issues. A Councilmember and a Planning Commissioner represent each jurisdiction. The Chair to the CCTA then submits the actions.

Analysis
An Executive Summary of the actions taken on June 15, 2022, at the CCTA Board meeting is included along with the meeting minutes. The actions taken at the TRANSPAC Board meeting on June 9, 2022, are also included in the attached minutes.

There is no item of discussion directly related to the City of Pleasant Hill with this update.

FISCAL IMPACT
None

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PUBLIC CONTACT
Public contact was made through posting of the City Council agenda on the City’s official notice bulletin board, at the Pleasant Hill Senior Center, and at the Pleasant Hill Police Department.

The agenda and staff report are posted on the City’s web page.

RECOMMENDED CITY COUNCIL ACTION
Accept the report.

ALTERNATIVES TO RECOMMENDED ACTION
The City Council may want to discuss one or more of the actions taken during the last meeting.

Should the City Council require detailed information pertaining to any issues, a comprehensive report could be scheduled for a subsequent City Council meeting. Contingent on the amount of information required, staff will need adequate time to prepare a comprehensive report addressing the item or items.

ATTACHMENT(S):

CCTA Executive Summary and Board Meeting Minutes for June 15, 2022 TRANSPAC Committee Meeting Summary Minutes for June 9, 2022 Prepared and Reviewed by: Ananthan Kanagasundaram, City Engineer Approved by: June Catalano, City Manager

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COMMISSIONERS
Chris Kelley,
Chair
Federal Glover,
Vice Chair
Newell Arnerich
Tom Butt
Teresa Gerringer
Loella Haskew
David Hudson
Karen Mitchoff
Sue Noack
Lamar Thorpe
Holland White
Timothy Haile,
Executive Director
2999 Oak Road
Suite 100
Walnut Creek
CA 94597
PHONE: 925.256.4700
FAX: 925.256.4701
www.ccta.net
https://cctauthority.sharepoint.com/sites/Common/09Correspondences/RTPC Memos/2022/June 15, 2022 RTPC Memo.doc

MEMORANDUM
To: Matt Todd, TRANSPAC
Brian Bornstein, SWAT
Robert Sarmiento, TRANSPLAN
Chris Weeks, TVTC
John Nemeth, WCCTAC
Bret Swain, LPMC
From: Timothy Haile, Executive Director
Date: June 16, 2022
Re: Items of interest for circulation to the Regional Transportation Planning Committees (RTPCs)
At its June 15, 2022 meeting, the Authority discussed the following items, which may be of interests to the Regional Transportation Planning Committees:

A. Adoption of the 2022 Measure J Strategic Plan
Recommendation: Staff sought approval of Resolution 22‐04‐P, which would adopt the 2022 Measure J Strategic Plan.

Action: The Authority Board approved Resolution 22‐04‐P, which adopted the 2022 Measure J Strategic Plan.

B. Reaffirm the Decision on How to Conduct Meetings of the Legislative Bodies of the Authority for July and August 2022
Recommendation: Staff sought approval of the Authority Board to reaffirm its decision made on May 18, 2022, to continue conducting remote meetings of all legislative bodies of the Authority through August 2022 in compliance with Assembly Bill (AB) 361 and consistent with the Contra Costa Health Services’ Recommendations for Safely Holding Public Meetings dated May 16, 2022, which

7.3.a
Packet Pg. 101 Attachment: CCTA Executive Summary and Board Meeting Minutes - June 15, 2022 (Accept Update on CCTA and Transpac) RTPC Memorandum
June 16, 2022

https://cctauthority.sharepoint.com/sites/Common/09Correspondences/RTPC Memos/2022/June 15, 2022 RTPC Memo.doc strongly encourages online meetings and recommends measure for social distancing, to adhere to the 30‐day provision of AB361.

Action: The Authority Board reaffirmed its decision made on May 18, 2022, to continue conducting remote meetings of all legislative bodies of the Authority through August 2022 in compliance with Assembly Bill (AB) 361 and consistent with the Contra Costa Health Services’ Recommendations for Safely Holding Public Meetings dated May 16, 2022, which strongly encouraged online meetings and recommended measure for social distancing, to adhere to the 30‐day provision of AB361.

C. Approval of the Authority’sInterfund Loan Policy – Office Procedure No. 16 Recommendation: Staff sought approval of Resolution 22‐10‐A, which would adopt the Authority’s Interfund Loan Policy; Office Procedure No. 16.

Action: The Authority Board approved Resolution 22‐10‐A, which adopted the Authority’s Interfund Loan Policy; Office Procedure No. 16.

D. PUBLIC HEARING: Fiscal Year (FY) 2022‐23 Proposed Budget for the Authority and Congestion Management Agency
Recommendation: Staff sought approval of Resolution 22‐08‐A, which would adopt the Authority’s FY 2022‐23 budget following a public hearing on June 15, 2022. The proposed budget calls for funding appropriations totaling $178.4 million for projects, congestion management, planning, programs, administration, and debt service necessary as required for Authority operations, capital improvements and programmed activities planned from July 1, 2022 through June 30, 2023.

Action: The Authority Board approved Resolution 22‐08‐A, which adopted the Authority’s FY 2022‐23 budget following a public hearing on June 15, 2022, calling for funding appropriations totaling $178.4 million for projects, congestion management, planning, programs, administration, and debt service necessary as required for Authority operations, capital improvements and programmed activities planned from July 1, 2022 through June 30, 2023.

E. Program and Project Management (PPM) Services – Authorization to Execute Amendment No. 1 to Agreement No. 526 with Advanced Mobility Group, Inc. (AMG) for Continued PPM and Program ControlServices
Recommendation: Staff sought authorization for the Chair to execute Amendment No. 1 to Agreement No. 526 with AMG in the amount of $8,737,423, for a new total agreement value of $26,797,910, to provide continued PPM and project control services andmanagement ofthe Transportation Demand Management program for

7.3.a
Packet Pg. 102 Attachment: CCTA Executive Summary and Board Meeting Minutes - June 15, 2022 (Accept Update on CCTA and Transpac) RTPC Memorandum
June 16, 2022

https://cctauthority.sharepoint.com/sites/Common/09Correspondences/RTPC Memos/2022/June 15, 2022 RTPC Memo.doc Central and East Contra Costa County from June 30, 2022 through June 30, 2024, utilizing the two one‐year extension options, and to allow the Executive Director or designee to make any non‐substantive changes to the language.

Action: The Authority Board authorized the Chair to execute Amendment No. 1 to Agreement No. 526 with AMG in the amount of $8,737,423, for a new total agreement value of $26,797,910, to provide continued PPM and project control services and management ofthe Transportation Demand Management program for Central and East Contra Costa County from June 30, 2022 through June 30, 2024, utilizing the two one‐year extension options, and to allow the Executive Director or designee to make any non‐substantive changes to the language.

7.3.a
Packet Pg. 103 Attachment: CCTA Executive Summary and Board Meeting Minutes - June 15, 2022 (Accept Update on CCTA and Transpac) Authority Board Meeting MINUTES
MEETINGDATE: Wednesday, June 15, 2022
MINUTESPREPAREDBY: Tarienne Grover
MEMBERSPRESENT: STAFFPRESENT: MEMBERSABSENT:

Chris Kelley, Chair
Newell Arnerich, Commissioner
Tom Butt, Commissioner
Loella Haskew, Commissioner
Dave Hudson, Commissioner
Karen Mitchoff, Commissioner
Sue Noack, Commissioner
Holland White, Commissioner
Mark Foley, Ex­Officio Rep.

H.E. Christian Peeples, Ex­Officio Rep.Alt.

Amy Worth, Ex­Officio Rep.

Colin Clarke
Peter Engel
Tarienne Grover
Timothy Haile
Jack Hall
John Hoang
Brian Kelleher
Matt Kelly
Hisham Noeimi
Ivan Ramirez
Yuliana Tjeng
Linsey Willis
Jacob Duginski, Legal Counsel
Federal Glover, Vice Chair
Teresa Gerringer, Commissioner
Lamar Thorpe, Commissioner

1. CONVENE MEETING: Chris Kelley, Chair
DISCUSSION: Chair Kelley convened the meeting at 6:00 PM. Vice Chair Glover and Commissioners Gerringer and Thorpe were absent. Rep. Alt. Peeples attended on behalf of Rep.

Powers.

2. PLEDGE OF ALLEGIANCE

3. PUBLIC COMMENT: Members of the public are invited to addressthe Authority regarding any item that is not listed on the agenda. Please refer to the Teleconferencing Special Notice for Public Comment guidelines.

DISCUSSION: There were no public comments on items not on the agenda.

4. PRESENTATIONS

CONSENT CALENDAR
ACTION: Commissioner Butt moved to approve the consent calendar, which included an oppose position on Assembly Bills 1778 (Garcia), 2237 (Friedman), and 2438 (Friedman), seconded by Commissioner Noack. The motion was adopted by unanimous vote of the commissioners present, unless otherwise noted.

7.3.a
Packet Pg. 104 Attachment: CCTA Executive Summary and Board Meeting Minutes - June 15, 2022 (Accept Update on CCTA and Transpac) Authority Board Meeting MINUTES
June 15, 2022

Noes‐None
Absent‐Vice Chair Glover, Commissioner Gerringer, Commissioner Thorpe Abstain‐None

5. APPROVAL OF MINUTES
A. Authority Board Minutes of May 18, 2022

6. Administration & Projects Committee ‐ Consent:

A. Accept Monthly Accounts Payable Invoice Report for April2022 Recommendation: Staff seeks acceptance of the monthly accounts payable invoice report for April 2022.

B. Accept Internal Accounting Report for the Nine Months Ended March 31, 2022 Recommendation: Staff seeks acceptance of the internal accounting report for the nine months ended March 31, 2022.

C. Approval of the Authority’s Investment Policy for Fiscal Year (FY)2022‐23 Recommendation: Staff seeks approval of Resolution 22‐09‐A, which will adopt the Authority’s Investment Policy for FY 2022‐23.

D. Approval of Proposed Action to FundingResolution
Recommendation: Staff seeks approval of Resolution 19‐58‐P (Rev 2), which will extend the term of the resolution to June 30, 2023 with the Bay Area Rapid Transit.

E. Accept Consultant Agreement Amendments for VariousProjects Recommendation: Staff seeks authorization for the Chair to execute Amendment No. 8 to Agreement No. 404 with PSOMAS and Amendment No. 1 to Agreement No. 544 with Myers‐Shimmick to extend the agreementtermination datesto December 31, 2022, and Amendment No. 4 to Agreement No. 495 with WMH Corporation to extend the agreement termination date to June 30, 2023 with no increase in budget.

F. Interstate 80 (I‐80)/San Pablo Dam Road Interchange, Phase 1 (Project 7002) – Authorization to Execute Amendment No. 5 to Agreement No. 528 with Wendel, Rosen, Black & Dean LLP (Wendel Rosen) for Legal Services Recommendation: Staff seeks authorization for the Chair to execute Amendment No. 5 to Agreement No. 528 with Wendel Rosen in the amount of $40,000, for a new total agreement value not‐to‐exceed $290,000, to provide additional legal

7.3.a
Packet Pg. 105 Attachment: CCTA Executive Summary and Board Meeting Minutes - June 15, 2022 (Accept Update on CCTA and Transpac) Authority Board Meeting MINUTES
June 15, 2022

services.

G. Authorization to Execute Amendment No. 2 to Agreement No. 442 with Endsight for Information Technology (IT) Support and Services
Recommendation: Staff seeks authorization for the Chair to execute Amendment No. 2 to Agreement No. 442 with Endsight, in the amount of $160,000, for a new total agreement value of $560,000, to provide IT support and services related to the Authority’s computer and server network. This amendment will extend the agreement termination date from June 30, 2022 to June 30, 2024.

H. Authorization to Execute Amendment No. 5 to Agreement No. 319 with Macias Gini & O’Connell, LLP (MGO) to Provide Audit Services
Recommendation: Staff seeks authorization for the Chair to execute Amendment No. 5 to Agreement No. 319 with MGO, in the amount of $95,853, for a new total agreement value of $891,940.13, to provide continued audit services. This amendment will extend the agreement through the end of Fiscal Year 2021‐22.

I. Adoption of the 2022 Measure J Strategic Plan
Recommendation: Staff seeks approval of Resolution 22‐04‐P, which will adopt the 2022 Measure J Strategic Plan.

J. Legislative Update
Recommendation: Staff will provide an update on legislation, along with address any questions that may arise. The Authority may take action on any item presented on the attachment or any State or Federal legislation pertaining to the Authority’s legislative program.

K. NEW ITEM: Authorization to Execute Agreement No. 586 with Regional Government Services (RGS) to Provide On‐Call Human Resources Management Services Recommendation: Staff seeks authorization for the Chair to execute Agreement No. 586 with RGS in an amount not‐to‐exceed $60,000, for on‐call human resources management services, with a two‐year term from July 1, 2022 through June 30, 2024, and three one‐year contract extension options, and to allow the Executive Director or designee to make any non‐substantive changes to the language.

L. NEW ITEM: Reaffirm the Decision on How to Conduct Meetings of the Legislative Bodies of the Authority for July and August 2022
Recommendation: Staff seeks approval of the Authority Board to reaffirm its decision made on May 18, 2022, to continue conducting remote meetings of all legislative bodies of the Authority through August 2022 in compliance with

7.3.a
Packet Pg. 106 Attachment: CCTA Executive Summary and Board Meeting Minutes - June 15, 2022 (Accept Update on CCTA and Transpac) Authority Board Meeting MINUTES
June 15, 2022

Assembly Bill (AB) 361 and consistent with the Contra Costa Health Services’ Recommendations for Safely Holding Public Meetings dated May 16, 2022, which strongly encourages online meetings and recommends measure for social distancing, to adhere to the 30‐day provision of AB361.

7. Planning Committee ‐ Consent:

A. City of Lafayette – Lafayette Town Center Pathway & Bay Area Rapid Transit Bike Station (Project 120056) – Request for Approval of the 90% Design Peer Review Recommendation: Staff seeks approval of the Technical Coordinating Committee’s recommendation to have the 90% peer review approved by the Authority Board.

B. Approval of Proposed Actions to Various FundingResolutions Recommendation: Staff seeks approval of Resolution 19‐36‐G (Rev 1), which will extend the term of the resolution to June 19, 2024 with the City of Concord, and return to the funding category the programmed $715,000 in Measure J Transportation for Livable Communities, Program 12 fundsto allow for competitive programming; Resolution 19‐37‐G (Rev 1), which will extend the term of the resolution to June 19, 2024 with the City of Concord; and Resolution 20‐05‐G (Rev 1), which will extend the term of the resolution to February 19, 2025 with the City of Lafayette, and return to the funding category the programmed $1,000,000 in Measure J Pedestrian, Bicycle and Trail Facilities, Program 13 funds to allow for competitive programming.

REGULAR AGENDA ITEMS

8. Administration & Projects Committee ‐ Regular:

A. Approval of the Authority’s Interfund Loan Policy – Office Procedure No. 16 Recommendation: Staff seeks approval of Resolution 22‐10‐A, which will adopt the Authority’s Interfund Loan Policy; Office Procedure No. 16.

ACTION: Commissioner Arnerich moved to approve Resolution 22‐10‐A, which will adopt the Authority’s Interfund Loan Policy; Office Procedure No. 16, seconded by Commissioner Haskew. The motion was adopted by unanimous vote of the commissioners present, unless otherwise noted.

Noes‐None
Absent‐Vice Chair Glover, Commissioner Gerringer, Commissioner Thorpe Abstain‐None

7.3.a
Packet Pg. 107 Attachment: CCTA Executive Summary and Board Meeting Minutes - June 15, 2022 (Accept Update on CCTA and Transpac) Authority Board Meeting MINUTES
June 15, 2022

DISCUSSION: Brian Kelleher, Chief Financial Officer, provided a background of Measure J, and discussed the sales tax distribution by use, balance sheet, program reserves, and increase in grants managed by the Authority. Mr. Kelleher discussed staff’s request to establish a policy for internal borrowing from Measure J programs that have sufficient reserves, discussed the types of loans and transfers that would be allowed under the policy, interest rate component, and that all funds would be paid back in whole and only used for short‐term loans and transfers.

Commissioners provided comments. Staff responded to comments from commissioners.

B. PUBLIC HEARING: Fiscal Year (FY) 2022‐23 Proposed Budget for the Authority and Congestion Management Agency
Recommendation: Staff seeks approval of Resolution 22‐08‐A, which will adopt the Authority’s FY 2022‐23 budget following a public hearing on June 15, 2022. The proposed budget calls for funding appropriations totaling $178.4 million for projects, congestion management, planning, programs, administration, and debt service necessary as required for Authority operations, capital improvements and programmed activities planned from July 1, 2022 through June 30, 2023.

ACTION: Commissioner Arnerich moved to approve Resolution 22‐08‐A, which will adopt the Authority’s Fiscal Year 2022‐23 budget following a public hearing on June 15, 2022, with a proposed budget calling for funding appropriations totaling $178.4 million for projects, congestion management, planning, programs, administration, and debt service necessary as required for Authority operations, capital improvements and programmed activities planned from July 1, 2022 through June 30, 2023,seconded by Commissioner Hudson. The motion was adopted by unanimous vote of the commissioners present, unless otherwise noted.

Noes‐None
Absent‐Vice Chair Glover, Commissioner Gerringer, Commissioner Thorpe Abstain‐None
DISCUSSION: Brian Kelleher, Chief Financial Officer, provided an overview of the Fiscal Year (FY) 2022‐23 proposed budget including the budget method, proposed summary of changes, sales tax revenues, projected federal, state, and local revenues, capital project funding, and proposed expenditures.

Commissioners provided comments. Staff responded to the comments.

Chair Kelley opened the Public Hearing at 6:37 PM and called for public comments.

There was no public comment. Chair Kelley closed the Public Hearing at 6:38 PM.

C. Program and Project Management (PPM) Services – Authorization to Execute Amendment No. 1 to Agreement No. 526 with Advanced Mobility Group, Inc. (AMG) for Continued PPM and Program ControlServices

7.3.a
Packet Pg. 108 Attachment: CCTA Executive Summary and Board Meeting Minutes - June 15, 2022 (Accept Update on CCTA and Transpac) Authority Board Meeting MINUTES
June 15, 2022

Recommendation: Staff seeks authorization for the Chair to execute Amendment No. 1 to Agreement No. 526 with AMG in the amount of $8,737,423, for a new total agreement value of $26,797,910, to provide continued PPM and project control services and management ofthe Transportation Demand Management program for Central and East Contra Costa County from June 30, 2022 through June 30, 2024, utilizing the two one‐year extension options, and to allow the Executive Director or designee to make any non‐substantive changes to the language.

ACTION: Commissioner Hudson moved to authorize the Chair to execute Amendment No. 1 to Agreement No. 526 with Advanced Mobility Group in the amount of $8,737,423, for a new total agreement value of $26,797,910, to provide continued Program and Project Management and project control services and management of the Transportation Demand Management program for Central and East Contra Costa County from June 30, 2022 through June 30, 2024, utilizing the two one‐year extension options, and to allow the Executive Director or designee to make any non‐substantive changes to the language, seconded by Commissioner Noack. The motion was adopted by unanimous vote of the commissioners present, unless otherwise noted.

Noes‐None
Absent‐Vice Chair Glover, Commissioner Gerringer, Commissioner Thorpe Abstain‐None
DISCUSSION: Hisham Noeimi, Director, Programming, discussed the assistance provided by Advanced MobilityGroup on projects development, close‐out activities, Transportation Demand Management and 511 Contra Costa programs, Intelligent Transportation Systems, Mobility‐on‐Demand and Mobility‐as‐a‐Service programs, fund programming, grant applications, Quarterly Project Status Reports, the vision for GoMentum Station, and programs and projects assistance to staff in all departments.

Commissioners provided comments.

9. Planning Committee ‐ Regular: None

10. CORRESPONDENCE AND COMMUNICATIONS
A. Letter to the Metropolitan Transportation Commission dated June 6, 2022 RE: Draft Transit‐Oriented Communities Policy Update, dated May 13,2022 DISCUSSION: Commissioners and Representatives provided comments to thank Chair Kelley and staff for the letters sent to the Metropolitan Transportation Commission.

11. ASSOCIATED COMMITTEE REPORTS
A. Central County (TRANSPAC): Meeting Report for the regular meeting on May 12, 2022 and June 9, 2022 (Attachment and meeting handout if available)

7.3.a
Packet Pg. 109 Attachment: CCTA Executive Summary and Board Meeting Minutes - June 15, 2022 (Accept Update on CCTA and Transpac) Authority Board Meeting MINUTES
June 15, 2022

B. East County (TRANSPLAN): Meeting Report for the regular meeting on June 9, 2022 (Meeting handout if available)
C. Southwest County (SWAT): Notice of Cancellation for the regular meeting on June 6, 2022
D. West County (WCCTAC): Meeting Report for the regular meeting on May 27, 2022

12. AUTHORITY BOARD AND STAFF COMMENTS
A. Chair's Comments and Reports
DISCUSSION: Chair Kelley discussed her trip to Florida to see Beep demonstrate autonomous shuttles in real‐life controlled settings. Timothy Haile, Executive Director, further discussed the monitoring and operations of the autonomous shuttles from a command center.

B. Commissioners' and Ex‐Officio Representatives’ Comments and Reports on Activities and Meetings
DISCUSSION: Commissioner Mitchoff announced her desire to continue to partake in the innovative advancements that the Authority has been making after her term on the Authority Board ends.

Commissioner Hudson recommended the Authority Board and staff attend the American Public Transportation Association conference.

Rep. Peeples announced the public memorial service for former Secretary of Transportation Norman Mineta to be held on June 16, 2022 in San Jose.

C. Executive Staff Comments
DISCUSSION: Timothy Haile, Executive Director, discussed the state advocacy trip that he, Chair Kelley, and Linsey Willis attended in Sacramento on June 8, 2022, where they discussed concerns with Assembly Bills 1778, 2237, 2438, and Senate Bill 917, and discussed the Transit and Intercity Rail Capital Program grant application, state budget and transportation funding, and promoted the Authority’s projects. He further discussed the joint federal advocacy trip that he and Linsey Willis attended in Washington, D.C. with staff from the Metropolitan Transportation Commission on June 13‐14, 2022 to discuss the Mega grant, Mobility-on-Demand and Automated Driving System grants, electrification and workforce development, vision zero, and GoMentum Station and potentially bringing back its proving ground designation. Mr. Haile further discussed the Authority Board Retreat planned for September 15-16, 2022, the Innovate 680 project one‐on‐one meetings with the Authority Board Members, and his attendance at the California Transportation Foundation where Tarienne Grover was recognized as a graduate of the California Association of Councils of

7.3.a
Packet Pg. 110 Attachment: CCTA Executive Summary and Board Meeting Minutes - June 15, 2022 (Accept Update on CCTA and Transpac) Authority Board Meeting MINUTES
June 15, 2022

Government California Academy for Regional Leaders program. He also introduced Yuliana Tjeng as the Authority’s new Finance Manager and announced that we are actively recruiting to fill the Director, MobilityPrograms position.

13. CALENDAR
A. June, July, August, and September 2022
B. Calendar of Upcoming Events

14. ADJOURNMENT to the next regular meeting proposed for July 20, 2022 at 6:00 PM.

DISCUSSION: The meeting was adjourned at 7:02 PM.

7.3.a
Packet Pg. 111 Attachment: CCTA Executive Summary and Board Meeting Minutes - June 15, 2022 (Accept Update on CCTA and Transpac) TRANSPAC Committee Meeting Summary Minutes
MEETING DATE: June 9, 2022
MEMBERS PRESENT: Loella Haskew, Walnut Creek (Chair); Peter Cloven, Clayton (Vice Chair); Sue Noack, Pleasant Hill; Tim
McGallian, Concord; Mark Ross, Martinez; Karen
Mitchoff, Contra Costa County
PLANNING COMMISSIONERS PRESENT: John Mercurio, Concord
STAFF PRESENT: Andy Smith, Walnut Creek; Saravana Suthanthira, Concord; John Cunningham, Contra Costa County;
Celestine Do, BART; Melody Reebs, County
Connection; Matt Todd, TRANSPAC Managing
Director; and Tiffany Gephart, TRANSPAC Clerk
GUESTS/PRESENTERS: John Hoang, CCTA; Terrence Zhao, Fehr & Peers; Jerrol Reavis, Rossmoor; Elaine Welch, Mobility
Matters; Martin Engelmann, Stantec
MINUTES PREPARED BY: Tiffany Gephart

1. Convene Regular Meeting / Pledge of Allegiance / Self-Introductions Chair Haskew called the meeting to order at 9:02 A.M. Introductions followed.

2. Public Comments
There were no comments from the public.

3. Consent Agenda
a. Minutes of the May 12, 2022 Meeting
b. Continue the use of Teleconferencing for Public Meetings by the TRANSPAC Board and Subcommittees Pursuant to the Provisions of AB 361 Commissioner Noack asked for a correction to the minutes under item 7 that the Secretary of Transportation for MDUSD be rewritten in lower case so as not to be confused with the US Secretary of Transportation.

On motion by Commissioner Noack seconded by Commissioner Mitchoff to approve the consent agenda by unanimous vote of the members present (Haskew, Cloven, Mitchoff, Noack, Ross, McGallian).

7.3.b
Packet Pg. 112 Attachment: TRANSPAC Committee Meeting Minutes - June 9, 2022 (Accept Update on CCTA and Transpac)

4. DRAFT WORKPLAN AND BUDGET FOR FISCAL YEAR 2022/2023.

Matt commented that at the May 12, 2022 Board meeting the work plan was revised based on the discussion regarding coordination with MDUSD school partners, the Innovate 680 project for tracking, and electric vehicle charging infrastructure and equity. Mr. Todd summarized the budget line items and contract amendment for FY 2022-2023.

On motion by Commissioner Noack seconded by Commissioner Mitchoff to approve the FY 2022/2023 Work Plan and Budget and the GBS contract amendment for FY 2022/2023 (consistent with the budget assumptions) by unanimous vote of the members present. (Haskew, Cloven, Mitchoff, Noack, Ross, McGallian).

5. MEASURE J LINE 20A FUNDS PROGRAM – FY 2022/2023 AND FY 2023/2024 PROGRAMMING CYCLE.

Mr. Todd provided an overview of the Measure J Line 20a program and fund estimates. Mr.

Todd also noted about $60,000 in rollover funding from the George Miller Center, County Connection Midday Free Rides program and the GoGo Concord program. He noted that the TRANSPAC TAC had an in-depth discussion on the following topics requested by the Board for review: funding history, Accessible Transportation Strategic Plan (ATSP) participation and coordination efforts, Equity Priority Community (EPC) service and definition, agency budgets and local matching funds, and costs per passenger trip in comparison to LINK paratransit. Mr.

Todd also reviewed the financial projections for Measure J and noted that the projections show an increase in funding for the program over the next two years.

Commissioner Mitchoff noted concerns about decreased funding for programs have been funded in the past year. Commissioner Noack commented that the legacy consideration was intended to include programs that have been funded long-term.

Commissioner Noack offered support for Scenario 4 and commented that she would like to exclude the Equity Priority criteria given that they are narrow geographic areas and that most programs provide some service to EPC communities either directly or indirectly.

Commissioner McGallian clarified if agencies would be able to operate with reduced funding.

Mr. Todd noted that only one program commented that they could not operate if not fully funded. Commissioner McGallian reiterated his concerns that more programs could work collaboratively. Mr. Todd commented that the cities of Concord and Walnut Creek are talking and looking at efficient ways to run their programs in the future.

Commissioner Cloven commented that he appreciated the effort made by staff to analyze the programs and prepare the various funding scenarios.

7.3.b
Packet Pg. 113 Attachment: TRANSPAC Committee Meeting Minutes - June 9, 2022 (Accept Update on CCTA and Transpac) On motion by Commissioner Noack seconded by Commissioner Haskew to approve funding Scenario 4 of the Draft Measure J Line 20a Funds Program for FY 2022/2023 and FY 2023/2024 at 1.271 million, by unanimous vote of the members present. (Haskew, Cloven, Mitchoff, Noack, Ross, McGallian).

6. TRANSPAC BOARD SUMMER SCHEDULE.

Mr. Todd presented alternate meeting dates for the summer to maintain AB361 compliance and to accommodate regional meetings that Board members will be attending. After Board discussion, Mr. Todd commented that staff will send a follow-up request for availability with revised meeting dates.

7. DRAFT CONTRA COSTA PEDESTRIAN NEEDS ASSESSMENT FOR LOCAL AGENCY IMPLEMENTATION.

John Hoang introduced the item and noted that the Pedestrian Needs Assessment (PNA) document is a follow-up to the effort of the Countywide Bicycle and Pedestrian Plan, as well as the Vision Zero document that CCTA recently adopted last year. The PNA evaluates the pedestrian infrastructure within Contra Costa with the goal of revealing where the pedestrian facilities gaps are as well as estimating investment needs and facility improvements costs and to assist jurisdictions in prioritizing projects.

Terrance Zhao provided a presentation on the Draft PNA. Commissioner McGallian asked if funding has been identified for specific improvement projects or if the projects are conceptual.

Mr. Zhao commented that the PNA does not come with a list of locations for potential projects but rather the estimates are at the inventory level.

8. TRANSPAC CCTA REPRESENTATIVE REPORTS.

Chair Haskew commented that the Planning Committee meeting was canceled.

11. TAC ORAL REPORTS BY JURISDICTION
No member comments.

12. BOARDMEMBER COMMENTS
No member comments.

13. MANAGING DIRECTOR’S REPORT
No comments.

7.3.b
Packet Pg. 114 Attachment: TRANSPAC Committee Meeting Minutes - June 9, 2022 (Accept Update on CCTA and Transpac)

14. ADJOURN / NEXT MEETING The meeting adjourned at 10:26 A.M. The next meeting is scheduled for July 14, 2022 at 9:00 A.M.

7.3.b
Packet Pg. 115 Attachment: TRANSPAC Committee Meeting Minutes - June 9, 2022 (Accept Update on CCTA and Transpac)

CITY COUNCIL STAFF REPORT
Meeting Date: September 12, 2022
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: REAFFIRM RESOLUTION NO. 33-22 APPROVING CONTINUED

TELECONFERENCED, HYBRID OR IN-PERSON MEETINGS OF ALL

CITY LEGISLATIVE BODIES PURSUANT TO THE PROVISIONS OF
AB 361

SYNOPSIS
On September 15, 2021, the Governor signed into law AB 361, an urgency measure which allows for the continuation of teleconferenced meetings without complying with the teleconferencing requirements imposed by the Brown Act. The measure requires that the findings allowing for teleconferenced meetings are affirmed every 30 days. On August 1, 2022, the City Council reaffirmed Resolution No. 33-22 (adopted May 2, 2022) allowing for teleconferenced, in-person, or hybrid (a blend of remote and in-person participants) public meetings of the City’s legislative bodies from August 11, 2022 through September 10, 2022. Staff recommends the City Council reaffirm the resolution for the next 30-day period.

DISCUSSION
Background
AB 361 temporarily authorizes local agencies to hold teleconferenced meetings without complying with the teleconferencing requirements imposed by the Brown Act when the legislative body of the local agency holds a meeting: 1) during a declared state of emergency, when state or local health officials have imposed or recommended measures to promote social distancing; 2) during a proclaimed state of emergency held for the purpose of determining, by majority vote, whether meeting in person would present imminent risks to the health or safety of attendees; and 3) during a proclaimed state of emergency when the legislative body has determined that meeting in person would present imminent risks to the health or safety of attendees. The City Council has been utilizing AB 361 to hold teleconferenced meetings since October 2021 for the City Council and all subsidiary City commissions, boards, and committees.

On May 2, 2022, the City Council adopted Resolution No. 33-22 allowing for in-person, hybrid, or fully teleconferenced meetings of all legislative bodies pursuant to the provisions of AB 361.

The City Council has continuously reaffirmed that resolution.

7.4 Packet Pg. 116
Analysis
In order to continue teleconferenced or hybrid meetings, the Council must reconsider the factors above every 30 days, and adopt specified findings that the facts relied upon still exist.

The State of California is still under an emergency declaration regarding COVID-19, and as of the publishing of the agenda packet that contains this report, both State and local health officials continue to recommend holding online meetings, or if meeting in person, social distancing1, to help stop the spread of the virus. Contra Costa Health Services updated its Recommendations for Safely Holding Public Meetings on August 9, 2022 (attached).

The State of California emergency declaration regarding COVID-19 remains in effect, and both State and local health officials continue to encourage online public meetings as online meetings present the lowest risk of transmission of COVID-19. If meeting in-person, social distancing is recommended to help reduce the transmission of COVID-19.

The last reaffirmation of Resolution No. 33-22 expired on September 10, 2022. Staff therefore recommends the City Council reaffirm Resolution No. 33-22 allowing for in-person, hybrid, or fully teleconferenced meetings of all City legislative bodies from September 12, 2022 through October 12, 2022 pursuant to the provisions of AB 361.

The City will continue to monitor State and local recommendations and guidelines and update the findings every 30 days, in compliance with AB 361.

FISCAL IMPACT
None

PUBLIC CONTACT
Public contact was made through posting of the City Council agenda on the City’s official notice bulletin board, at the Pleasant Hill Senior Center, and at the Pleasant Hill Police Department. The agenda and staff report are posted on the City’s web page.

RECOMMENDED CITY COUNCIL ACTION
Reaffirm Resolution No. 33-22 allowing for in-person, hybrid, or fully teleconferenced meetings of all legislative bodies pursuant to the provisions of AB 361.

1 There are still references to social distancing in state materials including: the Frequently Asked Questions (“FAQs”) for Medi-Cal beneficiaries located at https://www.dhcs.ca.gov/Pages/COVID-19-Vaccines.aspx updated June 13, 2022; the guidance on additional vaccine doses for persons who are immunocompromised located at https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/COVID-19/ThirdVaccineDoseQandA.aspx updated June 23, 2022; and the FAQ’s to Cal-OSHA’s Emergency Temporary Standards located at https://www.dir.ca.gov/dosh/coronavirus/covid19faqs.html#training updated July 18, 2022.

7.4 Packet Pg. 117

ALTERNATIVES TO RECOMMENDED CITY COUNCIL ACTION
Provide further direction to staff.

ATTACHMENT(S):

Resolution No. 33-22
Recommendations for Safely Holding Public Meetings (August 9, 2022) Prepared by: Danielle K. Habr, Principal Management Analyst/City Clerk Approved by: June CatalanoEthan Bindernagel, Acting City Manager

7.4 Packet Pg. 118
RESOLUTION NO. 33-22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANT HILL

ALLOWING FOR IN-PERSON, HYBRID TELECONFERENCED, OR FULLY

TELECONFERENCED MEETINGS OF ALL LEGISLATIVE BODIES PURSUANT TO THE PROVISIONS OF AB 361, AND RESCINDING AND REPLACING RESOLUTION 19-22
WHEREAS, the Ralph M. Brown Act (Gov. Code § 54950 et seq.) generally requires local agencies that meet via teleconference, including through other virtual or electronic means such as Zoom, to provide public access at each location in which members of the legislative body are teleconferencing; and WHEREAS, the Legislature enacted Assembly Bill 361 (AB 361), which amended Government Code section 54953 to allow local agencies to meet virtually during a proclaimed state of emergency if state or local officials have imposed or recommended measures to promote social distancing; and
WHEREAS, the City Council finds that the Governor issued a proclamation declaring a state of emergency on March 4, 2020 due to the COVID-19 pandemic, pursuant to section 8625 of the California Emergency Services Act; and WHEREAS, the City Council has reconsidered the circumstances of the state of emergency and finds that state or local officials continue to recommend measures to promote social distancing; and
WHEREAS, the City Council desires that the City of Pleasant Hill, including all its commissions, committees, and other Brown Act bodies, shall have the option of holding public meetings in-person with social distancing, via hybrid teleconferencing, or via fully teleconferencing, pursuant to AB 361 and Government Code section 54953(e).

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Pleasant Hill;
Section 1. The recitals set forth above are true and correct and are incorporated into this Resolution by this reference.

Section 2. This Resolution rescinds and replaces Resolution 19-22.

Section 3. The City Council and all other City commissions, committees, or other Brown Act Bodies shall be authorized to meet in person with social distancing, via hybrid teleconferencing or via fully teleconferencing the meeting. A hybrid approach is one in which some persons are permitted to attend in-person, as space permits, and others are permitted to attend virtually. The legislative body shall indicate which type of meeting it is holding by noting at the top of each agenda whether an in-person location is being

7.4.a
Packet Pg. 119 Attachment: Resolution No. 33-22 (Teleconferenced, Hybrid or In-person Meetings 9/12/22-10/12/22) made available and if it is, approximately how many members of the public may be accommodated.

Section 4. The City Council shall take action to renew this Resolution every thirty days for as long as any state or local officials continue to recommend measures to promote social distancing, but the City Council may terminate the Resolution at any time.

In the event that more than thirty days pass in between regular City Council meetings for any reason, the City Council shall take action to renew this Resolution prior to taking any action or engaging in any deliberation or discussion at the beginning of the next regular meeting or a special meeting called for such purposes.

Section 5. The City Council hereby finds and determines that this action is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15060(c)(2) and 15060(c)(3), because it will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not a “project” pursuant to Section 15378(b)(5) of the CEQA Guidelines.

Section 6. If any provision of this Resolution or the application of any such provision to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable.

The City Council declares that it would have adopted this Resolution regardless of the invalidity of any particular portion of this Resolution.

Section 7. This Resolution shall take effect immediately upon its passage.

ADOPTED by the City Council of the City of Pleasant Hill at a regular meeting of the City Council held on the 2nd day of May, 2022, by the following vote:

AYES: Carlson, Flaherty, Noack, Rinn, Harris
NOES: None
ABSENT: None
ABSTAIN: None
MICHAEL G. HARRIS, OD, Mayor
ATTEST:

DANIELLE K. HABR, City Clerk

7.4.a
Packet Pg. 120 Attachment: Resolution No. 33-22 (Teleconferenced, Hybrid or In-person Meetings 9/12/22-10/12/22) Recommendations for safely holding public meetings
Each local government agency is authorized to determine whether to hold public meetings in person, on-line (teleconferencing only), or via a combination of methods. The following are recommendations from the Contra Costa County Health Officer to minimize the risk of COVID 19 transmission during a public meeting.

1. Online meetings (i.e. teleconferencing meetings) are encouraged, where practical, as these meetings present the lowest risk of transmission of SARS CoV-2, the virus that causes COVID 19. This is particularly important when community prevalence rates are high. Our current trends as of August 9, 2022 in Covid-19 case rate, test positivity, Covid-19 hospitalizations, and Covid-19 wastewater surveillance are stable, but still remain high at this time. In addition to this, the predominant variant of Covid-19 being identified continues to be the Omicron variant and it’s subvariants the impact of which on the spread of Covid-19 has shown to dramatically increase COVID-19 transmission.

2. If a local agency determines to hold in-person meetings, offering the public the opportunity to attend via a call-in option or an internet-based service option is recommended, when possible, to give those at higher risk of and/or higher concern about COVID-19 an alternative to participating in person.

3. A written safety protocol should be developed and followed. It is recommended that the protocol require social distancing, where feasible – i.e. six feet of separation between attendees; and consider requiring or strongly encouraging face masking of all attendees and encouraging attendees to be up-to-date on their COVID-19 vaccine.

4. Seating arrangements should allow for staff and members of the public to easily maintain at least six-foot distance from one another at all practicable times.

5. Consider holding public meetings outdoors. Increasing scientific consensus is that outdoor airflow reduces the risk of COVID-19 transmission compared to indoor spaces. Hosting events outdoors also may make it easier to space staff and members of the public at least 6 feet apart. If unable to host outdoors, consider ways to increase ventilation and flow of the indoor space to reduce the risk of COVID-19 while indoors.

6. Current evidence is unclear as to the added benefit of temperature checks in addition to symptom checks. We encourage focus on symptom checks as they may screen out individuals with other Covid-19 symptoms besides fever and help reinforce the message to not go out in public if you are not feeling well.

7. Consider a voluntary attendance sheet with names and contact information to assist in contact tracing of any cases linked to a public meeting.

Revised 8-9-2022
Sefanit Mekuria, MD, MPH
Deputy Health Officer, Contra Costa County

7.4.b
Packet Pg. 121 Attachment: Recommendations for Safely Holding Public Meetings (August 9, 2022) (Teleconferenced, Hybrid or In-person Meetings 9/12/22- 100 Gregory Lane, Pleasant Hill, CA 94523-3323 – (925) 671-5270 www.pleasanthillca.org

MEMORANDUM
TO: City Councilmembers
FROM: Vice Mayor Tim Flaherty, Chair
Councilmember Ken Carlson
DATE: September 12, 2022
SUBJECT: Approve Appointment Recommendations to the Education Commission, Planning Commission and Traffic Safety Commission
The City Council is requested to approve the following recommendation for appointment:

COMMISSIONS TERM
Education Commission
Lindsey Dohlman (reappointment) Completion of unfilled term through April 2023 Planning Commission
Brendan Cheney Four-year term through April 2026
Traffic Safety Commission
Steve Weiss Completion of unfilled term through October 2024

7.5 Packet Pg. 122

CITY COUNCIL STAFF REPORT
Meeting Date: September 12, 2022
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: ADOPT RESOLUTION NO. ___-22 AMENDING THE ADOPTED

CREDIT CARD AND ELECTRONIC PAYMENT PROCESSING

CHARGES AND DIRECTING SAID CHARGES BE ADDED TO THE

MASTER FEE SCHEDULE

SYNOPSIS
The proposed resolution would authorize the City to amend the charge of a fee for credit card, debit card, or electronic transfer payments for services rendered by the City, or payment of a fee or other charge due to the City, in an amount that does not exceed the City’s cost for providing for these types of payment options. The payment processing charges would be added to the Master Fee Schedule adopted by Resolution No. 51-22 on June 27, 2022, as “Citywide Fees” and supersede Resolution No. 64-21 adopted on October 4, 2021.

DISCUSSION
California Government Code section 6159(b) allows a city to authorize acceptance of a credit card, debit card, or electronic transfer for payment for services rendered by a city or for payment of a fee, charge, or tax due to the city. Section 6159(h) authorizes a city to impose a fee for the use of such payment methods, in order to recoup the actual costs incurred by the city (for instance, the fees charged by third-party services in order to process a credit, debit, or electronic transfer payment). For convenience, the payment processing charges will also be incorporated in the Master Fee Schedule as “Citywide Fees.”
The Budget Committee and City Council approved imposing the fee using electronic payments last October. The City began working with our online merchant provider, in-person merchant provider, and the online payment portal service company to implement the authorized changes.

There was not a viable solution after multiple attempts with our current merchant providers to implement the convenience fee. Also, our online portal service company required a minimum transaction amount that was not incorporated into the original resolution.

The City consulted with our current banking provider who offers merchant services and found a solution for both our in-person and online services. They reviewed our transaction history to determine the fee to ensure cost recovery, which is slightly higher than that originally adopted by

7.6 Packet Pg. 123
resolution in October 2021. In the amended resolution, the changes include the revised rates and minimum fees so that the City is no longer absorbing this cost. Finally, the amended resolution includes language to adjust the fee charged by our merchant provider and/or online payment portal service, if necessary.

FISCAL IMPACT
The impact of this resolution is a fiscal benefit to the City, because it will allow the City to recoup costs for fees associated with electronic payments rather than absorbing those costs as it has done in the past. The average monthly transaction fee is approximately three thousand dollars.

PUBLIC CONTACT
Public contact was made through posting of the City Council agenda on the City’s official notice bulletin board, at the Pleasant Hill Senior Center and at the Pleasant Hill Police Department. The agenda and staff report are posted on the City’s web page.

RECOMMENDED CITY COUNCIL ACTION
Adopt the proposed resolution adopting credit card and electronic payment charges and direct that said charges be added to the Master Fee Schedule.

ALTERNATIVES TO RECOMMENDED ACTION
Do not approve the proposed resolution and provide further direction to staff.

ATTACHMENT(S):

Proposed Resolution
Prepared by: Erick Cheung, Finance Manager
Approved by: Ethan Bindernagel, Acting City Manager

7.6 Packet Pg. 124
RESOLUTION NO. ____-22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANT HILL

AMENDING THE CREDIT CARD AND ELECTRONIC PAYMENT PROCESSING

CHARGES AND DIRECTING SAID CHARGES BE ADDED TO THE MASTER FEE

SCHEDULE
WHEREAS, the City of Pleasant Hill (the “City”) charges fees for licenses, permits, and various services provided by the City; and
WHEREAS, California Government Code section 6159, subdivision (b), allows a city or other public agency to authorize acceptance of a credit card, debit card, or electronic transfer for payment for services rendered by a city, county, city and county, or other public agency or for payment of a fee, charge, or tax due a city, county, city and county, or other public agency; and
WHEREAS, California Government Code section 6159, subdivision (h)(1), authorizes a city and other public agencies to impose a fee for the use of a credit or debit card or electronic funds transfer, not to exceed the costs incurred by the agency or agent in providing for payment by credit or debit card or electronic funds transfer; and WHEREAS, the web-based applications the City uses to accept fees for licenses, permits, and other various services typically utilize third-party payment processors, which charge certain credit card and electronic payment processing fees to City customers; and WHEREAS, as a result of statewide and county directives to stay at home and practice social distancing in response to the COVID-19 pandemic, the number of credit card payments for City services has significantly increased; and WHEREAS, the City finds that these transactional costs have been paid out of the City’s General Fund and, therefore, will continue to be borne by the general public, if the transactional costs are not imposed on the persons using these payment methods; and WHEREAS, in the interests of fairness to the general public, the City desires to recover the transactional costs by imposing such charges on the persons using this payment method; and
WHEREAS, the City Council adopted Resolution 64-21 to approve accepting credit card and electronic processing fees (collectively, the “Fees”) as set fee amounts; and WHEREAS, the City Council now wishes to amend the credit card and electronic payment processing fees (collectively, the “Fees”) as set forth in Exhibit 1 hereto; and WHEREAS, the Fees are established to offset all, or portions of, the costs of collecting on-line payments; and

7.6.a
Packet Pg. 125 Attachment: Proposed Resolution (Proposed Credit Card Fee Charges) WHEREAS, the fees adopted as part of this Resolution will be incorporated into the City’s existing Master Schedule of Fees adopted on June 27, 2022 via Resolution No. 51-22.

NOW, THEREFORE, the City Council of the City of Pleasant Hill hereby finds, determines, and resolves as follows:

Section 1. The above recitals are true and correct and are incorporated into this resolution by reference.

Section 2. The City Council hereby approves and adopts the proposed credit card and electronic payment processing fees included herewith as Exhibit 1. The revised Fees will take effect on September 13, 2022 and supersede any prior credit card and electronic payment processing fees or charges imposed by resolution or otherwise by the City Council, to the extent such prior fees or charges conflict herewith.

Section 3. The City Council has considered the full record before it, which may include but is not limited to such things as the staff report, testimony by staff and the public, and other materials and evidence submitted or provided to it. Based upon such consideration, the City Council finds and determines that:
(a) The Fees established by this Resolution:
(1) are imposed for a specific government service provided directly to the payor, or for reasonable regulatory costs of the City for issuing licenses and permits, performing investigations, inspections, and administrative enforcements of the City’s Municipal Code or other rules or ordinances;
(2) are no more than necessary to cover the reasonable costs of the governmental activity for which the Fee is imposed; and (3) the manner in which those costs are allocated to a payor bear a fair or reasonable relationship to the payor’s burdens on, or benefits received from, the governmental activity for which the Fee is imposed.
(b) The Fees are not taxes within the meaning of California Constitution article XIII C, section 1(e).

Section 4. If any section, subsection, clause or phrase in this resolution or the application thereof to any person or circumstances is for any reason held invalid, the validity of the remainder of this resolution or the application of such provision to other persons or circumstances shall not be affected thereby. The City Council hereby declares that it would have passed this resolution and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses, or phrases or the application thereof to any person or circumstance be held invalid.

7.6.a
Packet Pg. 126 Attachment: Proposed Resolution (Proposed Credit Card Fee Charges) Section 5. The City Manager and Finance Manager are hereby authorized to take all actions necessary to implement and collect the Fees and shall ensure that the Fees set forth in Exhibit 1 shall be listed as Citywide Fees in the Master Fee Schedule, as adopted on June 27, 2022 via Resolution 51-22.

ADOPTED by the City Council of the City of Pleasant Hill at a regular meeting held on the 12th day of September, 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________________
MICHAEL G. HARRIS, OD, Mayor
ATTEST:

DANIELLE K. HABR, City Clerk

7.6.a
Packet Pg. 127 Attachment: Proposed Resolution (Proposed Credit Card Fee Charges) Exhibit 1
City of Pleasant Hill
Finance Department
Credit Card and Electronic Payment Transaction Processing Activity Description Adopted Fee Charge Basis
Credit Card/Debit Card Transaction
Processing Fee
Credit Card
payments *
Online Credit Card
payments*
Currently 3.0% of amount paid by
credit card plus
Currently 3.0% of amount paid by
credit card with a minimum of $2
*The rates and minimum transaction amounts can be amended based on the convenience fee charged by the merchant providers.

7.6.a
Packet Pg. 128 Attachment: Proposed Resolution (Proposed Credit Card Fee Charges)

CITY COUNCIL STAFF REPORT
Meeting Date: September 12, 2022
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: ADOPT RESOLUTION NO. ___-22, APPROVING A REQUEST FOR A

LETTER OF SUPPORT FOR A GRANT APPLICATION SUBMITTED BY

SATELLITE AFFORDABLE HOUSING ASSOCIATES (SAHA) TO

CALIFORNIA DEPARTMENT OF HOUSING COMMUNITY

DEVELOPMENT (HCD) FOR THE AFFORDABLE SENIOR HOUSING
PROJECT AT 490 GOLF CLUB ROAD

SYNOPSIS
Satellite Affordable Housing Association (SAHA) requests a letter of support from the City of Pleasant Hill City Council for the Infill Infrastructure Grant Program of 2019 (IIG-2019) application, which is related to the recently approved SAHA Senior Housing project, an 82-unit affordable senior housing development at 490 Golf Club Road. The IIG-2019 grant is one of several Programs within the 2022 Multifamily Finance Super Notice of Funding Availability (Super NOFA) administered through the State of California Department of Housing and Community Development (HCD). To bolster the grant application, a local governing body may submit a letter of support as part of the grant application to augment the project’s eligibility for funding.

DISCUSSION
Background
On January 24, 2022, the City Council adopted Resolution No. 8-22 approving a Development Plan Permit, Use Permit, Minor Subdivision and Architectural Review Permit for a new adult daycare facility, new preschool facility, and a new 82-unit affordable senior housing facility.

Since that approval, SAHA has been pursuing various funding sources for completion of the project (Attachment D). The City has also supported this project by providing financial assistance through the City’s Affordable Housing Fund.

SAHA has applied for, and received, additional sources of revenue, including grants and loans through various sources. The current source of funding that SAHA is applying for is the Infill Infrastructure Grant funding for the affordable senior housing component of the project. This grant is intended to advance the State’s goal of creating 2.5 million homes by 2030, and in particular, assist in producing the more than 1 million homes needed for Californians experiencing homelessness and people with low and very low incomes (Attachment C).

7.7 Packet Pg. 129
HCD has released approximately $650,000,000 allocated across several different programs (2022 Multifamily Finance Super Notice of Funding Availability), $200,000,000 of which has been allocated towards the Infill Incentive Grant Program of 2007 and Infill Infrastructure Grant Program of 2019. These two programs provides grant assistance available as gap funding for infrastructure improvements necessary for specific residential or mixed-use infill development projects.

Analysis
As part of the grant application, the SAHA is applying for a $4,115,016 grant from HCD to assist in development of the approved project (Infill Infrastructure Grant Program of 2019 – IIG-2019).

As part of the application, a letter of support from the governing agency improves a project’s chances to qualify as an eligible application per Section 206(a)(2)(A) of the 2022 Super NOFA (Attachment B). The letter must be submitted to HCD by October 14, 2022, in order to be accepted as part of the grant application and will strengthen the project’s potential to receive funds.

Thus, the applicant is requesting the City Council authorize the letter of support to better position the project for funding through this Super NOFA.

If the City Council supports this request, the applicant will include with its application to HCD the draft letter attached to this report.

FISCAL IMPACT
The project applicant will prepare the grant application. Any City staff effort to support this request occurs as part of daily activities; thus, no additional City funding is required to accommodate this request.

PUBLIC CONTACT
Public contact was made through posting of the City Council agenda on the City’s official notice bulletin board and at the Pleasant Hill Police Department. The agenda and staff report are posted on the City’s web page.

RECOMMENDED CITY COUNCIL ACTION
Adopt the Proposed Resolution.

ALTERNATIVES TO RECOMMENDED ACTION
Do not adopt the resolution.

ATTACHMENT(S):

A. Proposed Resolution
B. Draft Letter of Support

7.7 Packet Pg. 130
C. Super NOFA Amendment Handout
D. City Council Reso No. 8-22
Prepared by: Troy Fujimoto, City Planner
Approved by: Ethan Bindernagel, Acting City Manager

7.7 Packet Pg. 131
RESOLUTION NO. ___ - 22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANT HILL,

AUTHORIZING A LETTER OF SUPPORT FOR A GRANT FOR THE SATELLITE

AFFORDABLE HOUSING ASSOCIATES (SAHA) AFFORDABLE SENIOR HOUSING PROJECT (AT 490 GOLF CLUB ROAD - PLN21-0294) AS PART OF THE 2022

MULTIFAMILY FINANCE SUPER NOTICE OF FUNDING AVAILABILITY (SUPER

NOFA) APPLICATION WITH THE STATE OF CALIFORNIA DEPARTMENT OF

HOUSING AND COMMUNITY DEVELOPMENT DEPARTMENT
WHEREAS, on March 30, 2022, the State of California Department of Housing and Community Development (HCD) issued the 2022 Multifamily Finance Super Notice of Funding Availability (Super NOFA) and Application in the amount of approximately $650,000,000 to be distributed among up to six housing Programs, including the Infill Infrastructure Grant Program of 2019 (IIG-2019); and
WHEREAS, on January 24, 2022, the Pleasant Hill City Council adopted Resolution No. 8-22 approving a Development Plan Permit, Use Permit, Minor Subdivision and Architectural Review Permit for the 490 Golf Club Road project, an 82-unit affordable senior housing development at 490 Golf Club Road (PLN 21-0294).

WHEREAS, Satellite Affordable Housing Associates (SAHA) will be submitting an application for the IIG-2019 in the amount of $4,115,016, for its affordable senior housing project at 490 Golf Club Road; and
WHEREAS, SAHA has requested a letter of support from the governing agency to be included with the IIG-2019 application to strengthen the project’s request for award funding; and NOW THEREFORE BE IT RESOLVED that the City Council of the City of Pleasant Hill agrees to submit a letter of support for the SAHA Senior Housing project at 490 Gold Club Road as part of the Infill Infrastructure Grant Program of 2019 (IIG-2019) funding application through the State of California Department of Housing and Community Development. [Signatures on the Following Page]

7.7.a
Packet Pg. 132 Attachment: Attachment A - Proposed Resolution (SAHA Letter of Support) ADOPTED by the City Council of the City of Pleasant Hill at a regular meeting held on the 12th day of September, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________________
MICHAEL G. HARRIS, OD, Mayor
ATTEST:

DANIELLE K. HABR, City Clerk

7.7.a
Packet Pg. 133 Attachment: Attachment A - Proposed Resolution (SAHA Letter of Support) Mayor
100 Gregory Lane, Pleasant Hill, CA 94523-3323 – (925) 671-5270 www.pleasanthillca.org
September__, 2022
California Department of Housing and Community Development Infill Infrastructure Grant Program (IIG)
2020 West El Camino Avenue
Sacramento, CA 95833
RE: Pleasant Hill City Council Support for Choice in Aging Senior Housing and its Infill Infrastructure Grant (IIG-2019) Funding Application
To Whom It May Concern,
The Pleasant Hill City Council enthusiastically supports the development of Choice in Aging Senior Housing, an 82-unit senior housing development for seniors and formerly homeless veterans, to be located at 490 Golf Club Road. The Council also supports the project’s 2022 Infill Infrastructure Grant (IIG-2019) funding application and intends for this letter to help the project qualify as an eligible applicant per Section 206(a)(2)(A) of the 2022 IIG guidelines.

Our city has already provided a $2,736,000 loan to Choice in Aging Senior Housing, which will serve households earning thirty to sixty percent of the area median income.

The developer, Satellite Affordable Housing Associates (SAHA), is a non-profit agency committed to providing affordable, service-enriched housing that promotes healthy and dignified living for people with limited options. By combining quality property management and supportive resident services, SAHA will be able to address the needs of the residents of Choice in Aging Senior Housing.

Choice in Aging Senior Housing is one component of a plan to redevelop a four-acre site owned by the senior services nonprofit, Choice in Aging (CiA). CiA was established in 1949 to provide Adult Day Health Care services for frail adults, elders, and persons with Alzheimer’s disease and related dementias. CiA offers referral resources to the local community, and support services to caregivers and family members of frail elders. CiA’s current building was constructed in 1949, and is in need of major repairs.

The redevelopment of CiA’s site into a greater Aging in Place Campus will serve additional seniors in new facilities, expand CiA’s intergenerational program with their Choice in Learning preschool, and provide independent living through Choice in Learning Senior Housing. SAHA will be responsible for the financing, construction, property management, and resident services for Choice in Aging Senior Housing, as well as associated site work.

Sincerely,
Michael G. Harris, OD
Mayor

7.7.b
Packet Pg. 134 Attachment: Attachment B - Letter of Support (SAHA Letter of Support) 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, 95833
P. O. Box 952054
Sacramento, CA 94252-2054
(916) 263-2771
www.hcd.ca.gov March 30, 2022
Amended June 10, 2022
MEMORANDUM FOR: POTENTIAL APPLICANTS
FROM: Jennifer Seeger, Deputy Director
Division of State Financial Assistance
SUBJECT: Multifamily Finance Super Notice of Funding Availability Amendment #1
This Super NOFA and its applicable Guidelines are intended to advance the State’s goal of creating 2.5 million homes by 2030 according to the 2022 Statewide Housing Plan, and in particular assist in producing the more than 1 million homes needed for Californians experiencing homelessness and people with low and very low incomes.

Together, the Guidelines and Super NOFA have these primary goals:

1. Produce more affordable and climate smart housing,

2. Act with urgency to address homelessness and housing stability,

3. Consolidate and streamline State affordable housing programs,

4. Reduce time and cost to develop housing,

5. Prioritize equitable State policy objectives in the creation of more homes in the State, and

6. Harmonize those State policy objectives with the broader affordable housing finance system.

The California Department of Housing and Community Development (Department or HCD) is pleased to announce the release of its initial Multifamily Finance Super Notice of Funding Availability (Super NOFA), for approximately $650 million in funds available under the following Programs:
• Multifamily Housing Program (MHP)
• Veterans Housing and Homelessness Prevention (VHHP) Program • Joe Serna, Jr. Farmworker Housing Grant (FWHG) Program • Infill Incentive Grant Program of 2007 (IIG-2007) and Infill Infrastructure Grant Program of 2019 (IIG-2019)
In response to stakeholder feedback, the Department is amending the previously issued March 30, 2022 Super NOFA, and include the following:

1. Extension of the application due date from June 28, 2022 to July 12, 2022.

2. Clarification on Housing Element compliance threshold requirements and timing.

3. The IIG per Unit grant amounts updated based on December Consumer Price Index per U.S. Bureau of Labor Statistics (BLS)

7.7.c
Packet Pg. 135 Attachment: Attachment C - Super NOFA Amendment Handout (SAHA Letter of Support) Multifamily Housing Super NOFA
March 30, 2022 (Amended June 10, 2022)

4. Updated tiebreaker adjustment factors

5. Clarifying language added to Tribal Entity and Emerging and Community Based Developer Set-Asides

6. Clarifying language added to Program Funding Amounts and Terms

7. Clarifying language regarding concurrent applications using 4 and 9 Percent Tax Credits

8. Clarifying language regarding applicability of the Department’s Negative Points Policy.

9. Other non-technical changes for enhanced readability and to provide clarity.

These changes are shown in red strikeout and underline throughout the NOFA.

Per California Assembly Bill No. 434 (AB 434) (Chapter 192, Statutes of 2020), HCD is required to do the following for the programs listed above: (1) make the program funds available at the same time it makes funds, if any, available under the Multifamily Housing Program (MHP); (2) rate and rank the applications in a manner consistent with MHP; (3) administer the funds in a manner consistent with MHP; and (4) to the extent applicable, make the terms of any Designated Program loan consistent with MHP loan terms. 1 This marks the first year for HCD to issue a Super NOFA that will provide applicants the opportunity to apply for any combination of the available funding programs at the same time and within the same round. The Super NOFA makes funds more accessible to developers (including emerging and community-based developers, and Tribal Entities), enables the funding to further serve the lowest-income Californians, and increases the range of potential applicants and target populations to achieve better outcomes in health, climate, and household stability.

Application materials must be submitted electronically via the Super NOFA Application Portal “SNAP” no later than 4:00 p.m. Pacific Daylight Time on July 12, 2022. SNAP portal application upload and submittal instructions will be released with the application documents. Personal deliveries will not be accepted. No facsimiles, incomplete applications, application revisions, or walk-in application packages will be accepted.

The Super NOFA Application, online workshop details, and guidelines are posted on HCD’s website AB 434 Multifamily Finance Super NOFA. The Super NOFA application will available and posted to the website no later than April 20, 2022. To receive information regarding online workshops and other updates, please subscribe to the Super NOFA email list.

If you have further questions, please contact [email protected]. 1 The Housing for a Healthy California Program (HHC) and the Transit-Oriented Development Implementation Program (TOD) are also identified as programs subject to AB 434 but are not included in this NOFA as there is no program funding available at this time.

7.7.c
Packet Pg. 136 Attachment: Attachment C - Super NOFA Amendment Handout (SAHA Letter of Support)

MULTIFAMILY HOUSING DEVELOPMENT FUNDING
2022 Multifamily Finance Super
Notice of Funding Availability- Amendment #1
(Super NOFA)
Gavin Newsom, Governor
State of California
Lourdes Castro Ramírez, Secretary
Business, Consumer Services and Housing Agency
Gustavo Velasquez, Director
Department of Housing and Community Development
2020 West El Camino Avenue, Suite 500, Sacramento, CA 95833 Telephone: (916) 263-2771
Website: AB 434 Multifamily Finance Super NOFA
Email: [email protected]
March 30, 2022
Amended June 10, 2022

7.7.c
Packet Pg. 137 Attachment: Attachment C - Super NOFA Amendment Handout (SAHA Letter of Support) Table of Contents
I. Overview …………………………………………………………………………………………..1
A. Notice of Funding Availability (NOFA)................................................................................................. 1 B. Timeline......................................................................................................................................................... 3 C. Authorizing Legislation and Regulations............................................................................................. 3 II. Program Requirements........................................................................................................4 A. Eligible Sponsor/Applicant....................................................................................................................... 4 B. Eligible Projects .......................................................................................................................................... 5 C. Eligible Use of Funds ................................................................................................................................ 5 D. Program Funding Amounts and Terms ............................................................................................... 6 E. Site Control ................................................................................................................................................ 11 F. Set-Asides, Geographic Distribution of Funds, and Discretionary Funds............................... 13 G. Funding Limits........................................................................................................................................... 16 H. Cost Limitations ........................................................................................................................................ 19 I. Threshold.................................................................................................................................................... 20 J. Scoring and Ranking............................................................................................................................... 23 K. Negative Points and Disencumbrance Policies .............................................................................. 26 III. Application Submission and Review Procedures ...........................................................26 A. Application Submission Process ......................................................................................................... 26 B. Electronic Submission ............................................................................................................................ 26 C. Application Workshops and Pre-Application Consultation .......................................................... 27 D. Disclosure of Application........................................................................................................................ 27 E. Concurrent Applications......................................................................................................................... 27 F. Prior Awards .............................................................................................................................................. 28 G. Significant Changes in Project After Application ............................................................................ 28 IV. Universal Scoring Criteria..................................................................................................28 A. Summary..................................................................................................................................................... 28 B. Extent to which the Project serves households at the lowest income levels ......................... 29 C. State Policy Priorities .............................................................................................................................. 31 D. Project Sponsor/Applicant and Property Management Experience ......................................... 32 E. Project Readiness ................................................................................................................................... 37 F. Adaptive Reuse / Infill / Proximity to Amenities / Sustainable Building Methods ................ 39 G. Cost Containment .................................................................................................................................... 42 H. Tiebreaker Score...................................................................................................................................... 43 V. Appeals................................................................................................................................46 A. Basis of Appeals....................................................................................................................................... 46 B. Appeal Process and Deadlines............................................................................................................ 46 C. Decision ...................................................................................................................................................... 46

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Packet Pg. 138 Attachment: Attachment C - Super NOFA Amendment Handout (SAHA Letter of Support) VI. Award Announcements and Contracts.............................................................................47 A. Award Announcements .......................................................................................................................... 47 B. Contracts..................................................................................................................................................... 47 VII. Other State Requirements ............................................................................................47 A. Article XXXIV............................................................................................................................................. 48 B. California’s Preservation Notice Law ................................................................................................. 49 C. Relocation................................................................................................................................................... 49 VIII. Other Terms and Conditions........................................................................................49 A. Right to Modify or Suspend................................................................................................................... 49 B. Conflicts ...................................................................................................................................................... 49

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Packet Pg. 139 Attachment: Attachment C - Super NOFA Amendment Handout (SAHA Letter of Support) California Department of Housing and Community Development Page 1 2022 Multifamily Finance Super NOFA (Amended June 10, 2022) I. Overview
A. Notice of Funding Availability (NOFA)
The Department of Housing and Community Development (Department or HCD) is pleased to announce the initial release of this Multifamily Finance Super Notice of Funding Availability for approximately $650 million in funds, which may be augmented based on availability of funds. Since the NOFA consolidates up to six housing Programs, it is also referred to as a Super NOFA. The Super NOFA is issued to distribute funds through a combination of HCD-administered multifamily rental housing and infrastructure Programs. The Super NOFA and Guidelines for these Programs implement the requirements of California Assembly Bill 434 (AB 434) (Chapter 192, Statutes of 2020). AB 434 amends, repeals, and adds sections to the Health and Safety Code (HSC) and to the Military and Veterans Code in relation to the Designated Programs.

In addition to the Designated Programs named in AB 434, HCD is also making Infill Infrastructure Grant (IIG) funding available for Large Jurisdiction Qualifying Infill Projects (QIPs) available under Infill Infrastructure Grant Program of 2019 (IIG2019). As such, IIG will have two programs (2007 and 2019) with funding available.

While IIG-2007 is a Designated Program under AB 434, IIG-2019 is not a Designated Program, and therefore is not required to harmonize with the Multifamily Housing Program (MHP). However, in an effort to streamline the development process, the Department has included IIG-2019 funds with the Super NOFA.

Programs providing funding pursuant to this Super NOFA include the following:
• Multifamily Housing Program (MHP) which provides loans to assist the new construction, Rehabilitation, and conversion of permanent and transitional rental housing for Lower Income households.
• Veterans Housing and Homelessness Prevention (VHHP) program which provides funds for acquisition, construction, Rehabilitation, and preservation of affordable multifamily housing for Veterans and their families to allow Veterans to access and maintain housing stability.
• Joe Serna, Jr. Farmworker Housing Grant (FWHG) program which provides construction loans or deferred loans for multifamily housing, new construction, or Rehabilitation to serve Agricultural Workers with a priority for Lower Income households.
• Infill Incentive Grant Program (IIG) of 2007 (IIG-2007) and Infill Infrastructure Grant Program of 2019 (IIG-2019) which provides grant assistance available as gap funding for infrastructure improvements necessary for specific residential or mixed-use infill development projects. Under IIG, eligible infrastructure improvements are referred to as Capital Improvement

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Packet Pg. 140 Attachment: Attachment C - Super NOFA Amendment Handout (SAHA Letter of Support) California Department of Housing and Community Development Page 2 2022 Multifamily Finance Super NOFA (Amended June 10, 2022) Projects (CIPs). 2 They are associated with specific residential or mixed-use infill development projects, or Qualified Infill Projects (QIPs).

Unless otherwise indicated by context, the term “Project” should be interpreted to mean “Capital Improvement Project” when considered in connection with IIG-2007 or IIG-2019 funding.

Funding for this Super NOFA is provided by a combination of funding sources as outlined below:
• Veterans and Affordable Housing Bond Act of 2018 (Proposition 1): Provides funding for IIG-2007, MHP, and FWHG.
• General Fund (as appropriated in the 2021 Budget Act): Provides funding for IIG2019. • Building Homes and Jobs Act (Senate Bill 2) Building Homes and Jobs Act (Senate Bill 2): Provides funding for FWHG.
• Veterans Bond Act of 2008 (as amended by the Veterans Housing and Homeless Prevention Bond Act of 2014 (Prop 41): Provides funding for VHHP. *Total funds awarded maybe augmented based on the availability of funds. 2 For IIG, “Project” or “Capital Improvement Project” or “CIP” means the construction, Rehabilitation, demolition, relocation, acquisition, or other physical improvement of a Capital Asset that is an integral part of, or necessary to facilitate the development of, a Qualifying Infill Project or Qualifying Infill Area. Projects that may be funded under the Program include, but are not limited to, those described in Section 200 of IIG-2007 Guidelines.
3 Please note that the Housing for a Healthy California Program (HHC) and the Transit-Oriented Development Implementation Program (TOD) are also identified as Programs subject to AB 434 but are not included in this Super NOFA as there is no Program funding available at this time.

Funding Program3
Approximate
Funding
Available
Multifamily Housing Program (MHP) $275 million
Veterans Housing and Homelessness Prevention (VHHP)
Program $95 million
Joe Serna, Jr. Farmworker Housing Grant (FWHG) Program $80 million Infill Incentive Grant Program (IIG-2007) and
Infill Infrastructure Grant Program (IIG-2019) $200 million Total Super NOFA fund available: $650 million*

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Packet Pg. 141 Attachment: Attachment C - Super NOFA Amendment Handout (SAHA Letter of Support) California Department of Housing and Community Development Page 3 2022 Multifamily Finance Super NOFA (Amended June 10, 2022) AB 434 requires the Department to harmonize the other Designated Programs with MHP in four respects: 1) the Department is to make Designated Program funds available at the same time as it makes any MHP funds available; 2) it is to rate and rank Designated Program applications in a manner consistent with MHP applications; 3) it is to administer Designated Program funds consistent with MHP; and 4) to the extent applicable, it is to make the terms of any Designated Program loan consistent with MHP loan terms.

The Super NOFA and the Guidelines for each Designated Program (Designated Program Guidelines or Guidelines) implement AB 434. The MHP Guidelines provide a central set of “general” rules and standards that govern the distribution and administration of all Designated Program funds subject to the requirements of AB 434. The separate sets of VHHP, FWHG, and IIG Guidelines incorporate MHP rules and standards, and maintain the distinctive features of their respective Programs by establishing Program-specific threshold criteria and other Programspecific provisions.

The funds awarded under this Super NOFA will be allocated as permanent financing for affordable new construction, construction financing (FWHG), Rehabilitation, preservation, conversion of nonresidential structures to affordable rental housing or Transitional Housing for households with incomes at or below 60 percent of Area Median Income (AMI), unless the Program-specific Guidelines state otherwise (i.e., for FWHG this is 80 percent AMI).

B. Timeline
NOFA Release March 30, 2022
Application Release May 6, 2022
Super NOFA Application Portal
(SNAP) opens
May 6, 2022
Application Due Date July 12, 2022 by 4:00 p.m. PDT
Award Announcement December 2022
C. Authorizing Legislation and Regulations
Applications submitted under this Super NOFA are subject to the applicable Program Guidelines, all applicable statutory requirements, and this Super NOFA.

Section references in this Super NOFA refer to Program Guidelines unless otherwise noted. Capitalized terms in this Super NOFA are either defined herein or in the Designated Program Guidelines. The Guidelines and Super NOFA are available at Multifamily Finance Super NOFA.

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Packet Pg. 142 Attachment: Attachment C - Super NOFA Amendment Handout (SAHA Letter of Support) California Department of Housing and Community Development Page 4 2022 Multifamily Finance Super NOFA (Amended June 10, 2022) The administration of the Designated Programs and IIG-2019 are governed by the Guidelines that implement, interpret, or make specific the following laws:
• MHP was established by Chapter 637, Statutes of 1999 (SB 1121), which created Chapter 6.7 (commencing with Section 50675) of Part 2 of Division 31 of the HSC.
• VHHP was established by Article 3.2 (commencing with Section 997.001) of Chapter 6 of Division 4 of the Military and Veterans Code. • FWHG was established by Chapter 3.2 (commencing with Section 50515.2) of Part 2 of Division 31 of the HSC. The FWHG Guidelines referenced in this Super NOFA apply only to Rental Housing Developments. Single-family development activities will be governed under a separate set of program guidelines consistent with AB 434 at a later time.
• IIG-2007 was established by Chapter 2 (commencing with Section 53545.13) of Part 12 of Division 31 of the HSC. The IIG Guidelines under AB 434 apply only to QIPs.
• IIG-2019 was established by Part 12.5 (commencing with Section 53559) of Division 31 of the HSC. The rules pertaining to all QIPs in Large Jurisdictions are now set forth in the IIG-2007 Guidelines. The IIG-2007 Guidelines amend and restate the IIG-2019 Guidelines only with respect to Large Jurisdiction QIPs.

II. Program Requirements
The following is provided as a summary only. Applicants should refer to the MHP, VHHP, FWHG, and IIG Guidelines, as applicable, for a comprehensive discussion of the requirements that are relevant to their proposed Projects.

A Project is not eligible for an award unless it meets all the threshold requirements of the applicable Designated Program(s) and IIG-2019. Please review the individual Program Guidelines of each Program for complete information. Further, Sponsors/Applicants must achieve a minimum point score of 85 points in Universal Scoring Criteria to be considered for a funding award.

A. Eligible Sponsor/Applicant
An Applicant is the entity or entities applying to the Department for the Program funding. Such entity or entities may also be the Sponsor. If receiving an award of funds, the Applicant or co-Applicants will, both individually and collectively, be referred to as the “Recipient” in the Department’s legal documents relative to an award of a grant, or as “Sponsor” in the Department’s legal documents relative to an award of a loan.

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Packet Pg. 143 Attachment: Attachment C - Super NOFA Amendment Handout (SAHA Letter of Support) California Department of Housing and Community Development Page 5 2022 Multifamily Finance Super NOFA (Amended June 10, 2022) A Sponsor shall be any individual, Joint Venture, partnership, Limited Liability Company, Limited Partnership (including a Limited Partnership in which the Sponsor or an affiliate is a general partner), trust, corporation, cooperative, Local Public Entity, Tribal Entity, other legal entity, or any combination thereof which meets the requirements of the following sections of the Designated Program Guidelines as referenced below:
(1) MHP Section 7303 Eligible Sponsor
(2) VHHP Section 203 Eligible Sponsor
(3) FWHG Section 203 Eligible Sponsor
a. The Sponsor shall demonstrate to the Department's satisfaction that the Sponsor is independent from any direction of, or control by, a for-profit entity, and shall meet the requirements of HSC 50517.5.
(4) IIG Section 201 Eligible Applicant (for additional information on IIG-2019 see Section 206: IIG 2019 Large Jurisdiction QIPs)
a. Please note, IIG Guideline Section 206 (a)(2) requires that a letter of support be submitted for a Qualifying Infill Project from the local governing body. For any applicant that is requesting IIG funding in combination with any other Super NOFA funding source or IIG funding on its own, the due date to meet the requirement has been extended to September 30, 2022, 5pm PDT. i. This extension is specific to this requirement and does not provide an extension to any other requirement. The required letter of support is listed in the Super NOFA Application, Document checklist, as Attachment #84.

Failure to provide this attachment by the date and time listed above will result in the disqualification of the Project for failure to meet minimum threshold requirements as stated in MHP Guidelines Section 7303.1 (a) and (d) and Section 7318.

B. Eligible Projects
Eligible Projects must meet the requirements set forth in the sections of the Designated Program Guidelines:
• MHP Guidelines Section 7302: Eligible Project
• VHHP Guidelines Section 201: Eligible Project
• FWHG Guidelines Section 202: Eligible Project
• IIG Guidelines Section 200: Eligible Capital Improvement Projects (for additional information on IIG-2019 see Section 206 IIG: 2019 Large Jurisdiction QIPs) C. Eligible Use of Funds
Funds shall be used only for approved eligible costs that are incurred on the Project as set forth in the MHP, VHHP and FWHG Designated Guidelines sections indicated below, including interim or bridge loans used to pay such costs. In

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Packet Pg. 144 Attachment: Attachment C - Super NOFA Amendment Handout (SAHA Letter of Support) California Department of Housing and Community Development Page 6 2022 Multifamily Finance Super NOFA (Amended June 10, 2022) addition, the costs must be necessary and must be consistent with the lowest reasonable cost consistent with the Project's scope and area as determined by the Department.
• MHP Guidelines Section 7304: Eligible Use of Funds
• VHHP Guidelines Section 204: Eligible Uses of Funds
• FWHG Guidelines Section 205: Eligible Use of Funds
• IIG Guidelines Section 203: Eligible Use of Funds
IIG funds shall be used only for approved eligible costs that are incurred on the CIP as set forth in the IIG Guidelines. In addition, the costs must be necessary and must be consistent with the lowest reasonable cost consistent with the Project's scope and area as determined by HCD.

D. Program Funding Amounts and Terms

1. MHP, VHHP, FWHG Loans
Program funding shall be sized in accordance with the per Unit loan limits listed below:
a. Per Unit loan limits are applicable regardless of the number of sources stacked on the Unit. If requesting funding from more than one Department Program, the per Unit loan limits in paragraph c. below are applicable to the sum total of all Department loans.

Per Unit loan limit will be calculated based upon the Unit’s level of income restriction.

Manager Units, if requested by the applicant will be included in the per Unit loan limit calculation at the 60 percent AMI level.
b. For MHP loan limit calculations, the Unit count may include the number of Restricted Units within the Rental Housing Development (Restricted Units include Units with long-term, low-income or occupancy restrictions imposed by HCD, Tax Credit Allocation Committee (TCAC), or other public agencies and restricted at no greater than 60 percent AMI). Please refer to NOFA Section (II)(G)(5) below for additional information and limitations on MHP funding of Restricted Units. Notably, Units assisted by a VHHP or FWHG award under the Super NOFA will not be additionally assisted by MHP.

For VHHP and FWHG loan limit calculations, the Unit count shall include the number of Assisted Units within the Rental Housing Development.

For FWHG, Assisted Units may be restricted at levels to not exceed 80 percent AMI, however Units greater than 60 percent AMI are funded at 60 percent loan limits amounts.

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Packet Pg. 145 Attachment: Attachment C - Super NOFA Amendment Handout (SAHA Letter of Support) California Department of Housing and Community Development Page 7 2022 Multifamily Finance Super NOFA (Amended June 10, 2022) c. The amount per Assisted Unit (Restricted Unit for MHP) shall be the amount required to reduce Rents from 30 percent of 60 percent (80 percent for FWHG) of AMI to the actual maximum restricted Rent for the Unit, assuming that the Rent reduction will be achieved by substituting Program funds for private amortized debt and calculated by the Department based on private market multifamily rental loan terms available at the time of issuance of this NOFA.
d. The initial base loan amount shall be:
• $150,000 per Assisted Unit (Restricted Unit for MHP) utilizing 9 percent tax credits,
• $200,000 per Assisted Unit (Restricted Unit for MHP) utilizing 4 percent tax credits, or
• $225,000 per Assisted Unit (Restricted Unit for MHP) utilizing no tax credits.

The initial base per Unit loan limit is inclusive of all requested Super NOFA program loan funds and all Department loan awards made prior to the application close date.
e. The following applications will have the initial base increased by a max $25,000 per Assisted Unit (Restricted Unit for MHP):
• Co-applications including Joint Ventures, co-Sponsors, partnerships, Limited Liability Companies, or Limited Partnerships between an experienced Sponsor and an Emerging Developer (a Tribal Entity may also be an Emerging Developer).
• Projects eligible for High/Highest Resource Area points under the Universal Scoring Criteria; or
• Projects requesting Super NOFA funds in MHP or VHHP where at least 45 percent of the total Restricted Units are restricted in a Department Regulatory Agreement to Special Needs Populations (as defined in Appendix A of the Designated Program Guidelines) or to any VHHP Target Population.
4 Note: The requirement for an increased base loan amount is greater than the minimum required 25 percent of Restricted Units for eligibility as a Special Needs Project type.
4 For the purposes of this paragraph, total Restricted Units means all units at or below 60% AMI as well as all FWHG Units at or below 80%.

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Packet Pg. 146 Attachment: Attachment C - Super NOFA Amendment Handout (SAHA Letter of Support) California Department of Housing and Community Development Page 8 2022 Multifamily Finance Super NOFA (Amended June 10, 2022) Even if more than one of the above applies, the base loan amount may only be increased by $25,000 per Assisted Unit (Restricted Unit for MHP). f. Program loans shall have an initial term of 55 years or longer to match the period of affordability restrictions under the Low-Income Housing Tax Credit (LIHTC) Program. Permanent loans and FWHG construction financing shall be secured by the Project’s real property and improvements, which may be subject only to liens, encumbrances, and other matters of record approved by HCD, and which are consistent with Uniform Multifamily Regulations (UMR) Section 8316.
g. Program loans for Projects on Tribal Trust Land shall have an initial term of 50 years if an initial term of 55 years is deemed infeasible as determined by the Department.

2. IIG Funding Amounts and Terms
a. Funding Amounts
IIG funding shall be sized in accordance with the grant limits listed below:

For a QIP, the minimum Program grant award is $1 million in urban areas and $500,000 in Rural Areas. The total Program grant award to any QIP is limited to $7.5 million under this Super NOFA.

Pursuant to Section 205 of the IIG Guidelines, the total grant amount shall be determined by the number of Units in the QIP, the bedroom count of these Units, and the density and affordability of the housing to be developed. The total eligible grant amount shall be based upon the lesser of the amount necessary to fund the CIP or the maximum amount permitted by the IIG Grant Amount Calculation table, whichever is less. See the IIG Grant Amount Calculation table below:

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Packet Pg. 147 Attachment: Attachment C - Super NOFA Amendment Handout (SAHA Letter of Support) California Department of Housing and Community Development Page 9 2022 Multifamily Finance Super NOFA (Amended June 10, 2022) *Increases based on December Consumer Price Index per U.S. Bureau of Labor Statistics (BLS).

Grant amounts established by the IIG Grant Amount Calculation table may be increased based on proposed housing Units per acre, as represented in the following Net Density Adjustment Factor table below.

Net Density Adjustment Factor
Net Density
(Housing Units per acre)
Adjustment
Factor
Fewer than 45 1
45 – 49.9 1.04
50 – 54.9 1.08
55 – 59.9 1.12
60 – 64.9 1.16
65 – 69.9 1.20
70 – 74.9 1.24
75 – 79.9 1.28
80 – 84.9 1.32
85 – 89.9 1.36
5 200 percent Fair Market Rent (FMR) Unit: A 200 percent FMR Unit is a rental Unit with a proposed monthly Rent, which is equal to or greater than 200 percent of its county’s FMR as defined by Department of Housing and Community Development (HUD). 6 IIG Unrestricted: An unrestricted unit for the purposes of calculating grant amounts in IIG is any Unit not restricted at the other levels identified in Guidelines Appendix A Defined Terms, but also not meeting any of the above definitions.

IIG Grant Amount Calculation
(Amounts are represented on a per Unit basis)
Income Level &
Tenure 0-Bdrm 1-Bdrm 2-Bdrm 3-Bdrm 4-Bdrm
200% FMR5 $4,000 $8,000 $11,900 $15,900 $19,900
Program
Unrestricted6
$26,500 $30,500 $35,400 $43,700 $47,700
60% AMI Rental $34,400 $38,400 $46,300 $54,200 $59,600
50 percent AMI
Rental
$39,800 $45,000 $51,600 $62,100 $66,200
30 percent AMI
Rental
$46,300 $49,000 $55,600 $71,500 $75,400

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Packet Pg. 148 Attachment: Attachment C - Super NOFA Amendment Handout (SAHA Letter of Support) California Department of Housing and Community Development Page 10 2022 Multifamily Finance Super NOFA (Amended June 10, 2022) 90 – 94.9 1.40
95 – 99.9 1.44
100 – 104.9 1.48
105 and above 1.52
For this Super NOFA, HCD is making IIG funding for QIPs available from two different sources. HCD will first evaluate whether Applicants satisfy IIG-2007 and/or IIG-2019 threshold requirements. Applications that meet neither set of requirements will be disqualified. HCD will then rate/rank the remaining applications according to the Universal Scoring Criteria. HCD will award IIG2007 funds to Applicants that passed IIG-2007 threshold, according to their ranked order, until that funding is exhausted. HCD will then award IIG-2019 funds to Applicants that passed IIG-2019 threshold, according to their ranked order. Unsuccessful IIG-2007 Applicants will be awarded IIG-2019 funds if they made the IIG-2019 “opt-in” election and if they satisfied IIG-2019 threshold requirements.
b. Terms of the Proposed Award
The terms of the award are set forth in the Performance Deadlines subsection of this NOFA below. Grant terms will be outlined in the Standard Agreement.

In consideration for the IIG award to the Recipient, there shall be a Covenant7 recorded against the fee interest of the real property site(s) of the QIP, which shall impose development, use, and affordability restrictions upon the real property. The Covenant shall be binding, effective and enforceable commencing upon its execution and shall continue in full force and effect for a period of not less than 55 years for Rental Housing Developments after a certificate of occupancy or its equivalent has been issued for the Affordable Housing Development by the local jurisdiction or, if no such certificate is issued, from the date of initial occupancy of the Affordable Housing Development.

Where the QIP is receiving low-income housing tax credits, the Recipient may provide Program funds to the Sponsor of the QIP in the form of a zero percent deferred payment loan, with a term of at least 55 years. The loan may be secured by a deed of trust, which shall be subordinate to all Department loan and grant documents, and which may be recorded with the local county recorder’s office, provided the beneficiary of the loan shall not under any 7 “Covenant” or “Affordability Covenant” means an instrument which imposes development, use, and affordability restrictions on the real property site(s) of the Qualifying Infill Project or of the designated housing in the Qualifying Infill Area, and which is recorded against the fee interest in such real property site(s). The Covenant is executed as consideration for the IIG Program award to the Recipient.

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Packet Pg. 149 Attachment: Attachment C - Super NOFA Amendment Handout (SAHA Letter of Support) California Department of Housing and Community Development Page 11 2022 Multifamily Finance Super NOFA (Amended June 10, 2022) circumstances exercise any remedy, including, without limitation, foreclosure, under the deed of trust without the prior written consent of the Department, in its sole and absolute discretion.

Additional requirements are set forth in Section 205 of the IIG Guidelines. c. Performance Deadlines
i. The QIP shall complete construction of the housing Units which were used as the basis for calculating the Program award within three years of securing all permanent financing. Completion of construction must be evidenced by a certificate of occupancy or equivalent documentation submitted to the Department.
ii. Program funds must be disbursed by the Program liquidation date of June 30, 2026. The Recipient must submit final disbursement requests no later than March 31, 2026.

E. Site Control

1. MHP, VHHP and FWHG
MHP, VHHP, and FWHG Projects shall comply with the site control requirements as set forth in UMR Section 8303 with the exception that the Sponsor shall maintain site control through the proposed award date, as stated in the Super NOFA with the option to extend beyond that date.

Where site control is in the name of another entity, the Applicant shall submit documentation, in form and substance reasonably satisfactory to the Department (e.g. a purchase and sale agreement, an option, a leasehold interest/option, a disposition and development agreement, an exclusive right to negotiate with a public agency for the acquisition of the site), which clearly demonstrates that the Applicant controls the owner entity and has some form of right to acquire or lease the Project property.

Where site control will be satisfied by a long-term ground lease, the Department will require the execution and recordation of the Department’s form lease rider, which shall be entered into by and among the ground lessor, the ground lessee, the Department, and any other applicable parties. In all cases, the lease rider shall be recorded against the fee interest in the Project property. a. For Projects developed in Indian Country, the following exceptions to the foregoing requirements apply:
i. Where site control is a ground lease, the lease agreement between the Tribal Entity and the Project owner is for a period not less than 50 years; and

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Packet Pg. 150 Attachment: Attachment C - Super NOFA Amendment Handout (SAHA Letter of Support) California Department of Housing and Community Development Page 12 2022 Multifamily Finance Super NOFA (Amended June 10, 2022) ii. An attorney’s opinion regarding chain of title and current title status is acceptable in lieu of a title report.

2. IIG
The QIP and CIP shall comply with the site control requirements as set forth in UMR Section 8303 with the exception that the Applicant shall also maintain site control as memorialized in the Standard Agreement.
a. The following additional requirements shall apply to IIG QIP projects:
i. Where site control is in the name of another entity, the Applicant shall provide documentation, in form and substance reasonably satisfactory to HCD (e.g., a purchase and sale agreement, an option, a leasehold interest/option, a disposition and development agreement, an exclusive right to negotiate with a public agency for the acquisition of the site), which clearly demonstrates that the Applicant has some form of right to acquire or lease the Project property.
ii. Where site control will be satisfied by a long-term ground lease, the Department will require the execution and recordation of the Department’s form lease rider, which shall be entered into by and among the ground lessor, the ground lessee, the Department, and any other applicable parties. In all cases, the lease rider shall be recorded against the fee interest in the Project property.

b. The following shall apply to offsite work proposed for CIPs and shall be evidenced prior to the disbursement of Program Funds:
i. Recipient/Sponsor shall have a right of way or easement, which is either perpetual, or of sufficient duration to meet Program requirements, and which allows the Recipient and/or Sponsor to access, improve, occupy, use, maintain, repair, and alter the property underlying the right of way or easement; and
ii. Recipient/Sponsor shall have an executed encroachment permit for construction of any improvements or facilities within the public right of way or on public land.
c. For QIPs and CIPs developed in Indian Country, the following exceptions to the foregoing requirements apply:
i. Where site control is a ground lease, the lease agreement between the Tribal Entity and the Sponsor/Project owner is for a period not less than 50 years; and
ii. An attorney’s opinion regarding chain of title and current title status is

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Packet Pg. 151 Attachment: Attachment C - Super NOFA Amendment Handout (SAHA Letter of Support) California Department of Housing and Community Development Page 13 2022 Multifamily Finance Super NOFA (Amended June 10, 2022) acceptable in lieu of a title report.

F. Set-Asides, Geographic Distribution of Funds, and Discretionary Funds

1. Set-Asides
To promote equitable distribution of Program funds, to the extent eligible applications are available to fund, this Super NOFA shall have the following setaside goals listed below:
a. Tribal Entity: To the extent possible, no less than five percent of the total Super NOFA funds, or approximately $32,500,000. In the event the Tribal Entity set-aside is not fully awarded under this Super NOFA, an amount equal to any remaining funds within the Tribal Entity set-aside will be added to a subsequent NOFA for the purposes of a Tribal Entity set-aside. b. Emerging and Community-Based Developers: To the extent possible, no less than 15 percent of the total Super NOFA funds, or approximately $97,500,000, with one-third of this set-aside reserved for Emerging Developers. The remaining two-thirds is reserved for both Emerging and Community-Based Developers.

Community-Based Developers may only compete in the set-aside for this Super NOFA if they meet BOTH of the following: 1) maintain their corporate headquarters within 10 miles of the proposed project site or have three (3) deed-restricted affordable housing projects within 10 miles of the proposed project site; AND 2) directly provide at least two community benefit programs accessible to the general public within 10 miles of the proposed project as detailed below:
i. Community benefit programs may include, but are not limited to, the following:
• Free or reduced-cost childcare, after-school care, youth development, or adult day care programs.
• Community center facilities that are staffed and open to the public at least once a week or a minimum of 7 hours each week.
• Medical clinic with a physician, physician’s assistant, or nurse practitioner onsite for a minimum of 40 hours each week. • Small business technical assistance, lending, or investment to at least ten neighborhood businesses within five miles of the proposed Project. • Job training, digital literacy training, college outreach (linking potential students to college resources and information), financial counseling, housing counseling, free tax return, or other economic empowerment programs.
• Food distribution programs.

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Packet Pg. 152 Attachment: Attachment C - Super NOFA Amendment Handout (SAHA Letter of Support) California Department of Housing and Community Development Page 14 2022 Multifamily Finance Super NOFA (Amended June 10, 2022) All community benefit programs must be provided directly by the CommunityBased Developer applicant. Such programs must be open and accessible to the general public, as described in the application. The applicant must demonstrate that the services are generally accessible during core hours/times. For example, an applicant could demonstrate that food distribution services are available based on a set schedule of days and hours.

Please note that some services may greater hours, e.g., medical clinic, or job training services, to be responsive to community needs. ii. For Applicants applying as Community-Based Developers, the entity must demonstrate in their application that they have community knowledge, commitment to long-term community investment, and population-specific cultural competency, through a combination of the following:
• Receipt of grant funds for services within the relevant neighborhood or community.
• Cultural and linguistic competency on staff relevant to community members (must be utilized daily in the provision of services and community benefit programs).
• A record of hiring from the community (within a ten-mile range of the Community-Based Developer’s central office).
• Membership in or recruitment from a local Urban League (or substantially equivalent) organization.

Experience points will not be considered in the ranking of this set-aside; however, the experience point category will be applicable if an application is unsuccessful in the Emerging Developer/Community-Based Developer setaside and is then ranked with the remaining unfunded applications. c. Non-Tax Credit Projects: To the extent possible no less than 15 percent of the total Super NOFA funds, or approximately $97,500,000.
d. Senior: To the extent possible, approximately 20 percent of MHP funds will be awarded for Senior housing Projects in accordance with MHP Guidelines Section 7317(g).

Emerging Developers and Tribal Entities are encouraged to engage with the Department in a pre-application consultation session. Please refer to the Multifamily Finance Super NOFA website for additional information at the following link: PreApplication Intake.

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Packet Pg. 153 Attachment: Attachment C - Super NOFA Amendment Handout (SAHA Letter of Support) California Department of Housing and Community Development Page 15 2022 Multifamily Finance Super NOFA (Amended June 10, 2022) In the event that any set-aside described under (a)through (d) above is undersubscribed, any remaining funds will be used to assist remaining eligible applications in this NOFA that do not meet the set-aside requirements. See Scoring and Ranking section below for additional funding information.

2. Geographic Distribution of Funds
To the extent possible, the Department will target 44 percent of the total funds to Projects in Southern California, 28 percent to Northern California, and 18 percent to Projects in Rural areas. Ten percent shall not be subject to a specific geographic distribution. In its sole discretion, HCD may determine the geographic distribution targets have been met based either on individual Program funding components or on the amount of total funds awarded under this NOFA.

For the purpose of geographic distribution:
a. Targets are based on the percent of Extremely Low Income and Very LowIncome renters in California, based on the HUD-released data from American Community Survey (ACS) for the 2014-2018 period.
b. "Rural" is defined to be consistent with the definition used by the TCAC for the tax credit program. A list of Rural areas, as well as the methodology to determine Rural or non-rural status, can be found on TCAC’s website or by clicking this link: 2022 Methodology for Determining Rural Status of Project Site (ca.gov).

Northern
Alameda, Butte, Contra Costa, El Dorado, Fresno, Kings, Madera, Marin, Merced, Monterey, Napa, Placer,
Sacramento, San Benito, San Francisco, San Joaquin, San Mateo, Santa Clara, Santa Cruz, Shasta, Solano, Sonoma, Stanislaus, Sutter, Tulare, Yolo, Yuba
Southern Imperial, Kern, Los Angeles, Orange, Riverside, San Bernardino, San Diego, San Luis Obispo, Santa Barbara,
Ventura
Rural
Rural areas as defined by statute, including but not limited to the following 100 percent rural counties: Alpine, Amador, Calaveras, Colusa, Del Norte, Glenn, Humboldt, Inyo, Lake, Lassen, Mariposa, Mendocino, Modoc, Mono, Nevada,
Plumas, Sierra, Siskiyou, Tehama, Trinity, Tuolumne

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Packet Pg. 154 Attachment: Attachment C - Super NOFA Amendment Handout (SAHA Letter of Support) California Department of Housing and Community Development Page 16 2022 Multifamily Finance Super NOFA (Amended June 10, 2022)

3. Discretionary Funds
Approximately ten percent of the total Super NOFA funds, or $67,500,000, shall be held back as discretionary to facilitate full gap funding of Projects pursuant to this Super NOFA and to achieve a balance of state policy goals.

G. Funding Limits
Use of multiple HCD funding sources on the same Assisted Units is permitted, subject to the following limitations:

1. No more than $35,000,000 in total Rental Housing Development loans may be used per Project.
a. This per Project loan cap applies not only to 2022 Super NOFA awards but to all HCD multifamily Rental Housing Development loan funds for onsite development costs.
i. The $35,000,000 cap will be in place for one year beginning on the day the Super NOFA application closes, July 12, 2022, and subject to renewal.
ii. Awards made prior to the Super NOFA application close date will not be counted towards the $35,000,000 per-Project cap. However, all Super NOFA loan awards, as well as any loan awards from the Department subsequent to the Super NOFA, will count against the $35,000,000 per-Project cap. (See II.G.3. for additional loan and grant limitations.)
iii. Funding limits set forth in section 2 (below) shall not include grants. iv. Prior to the release of the second Super NOFA in 2023, the Department will re-evaluate the HCD-wide loan cap for any needed adjustment.
b. At the sole discretion of the Director of HCD, per-Project loan levels in excess of $35,000,000 may be approved as exceptions to the cap if they uniquely advance state policy priorities. Examples include large development Projects that include transformative community investments and advance climate goals through infill development, high density construction and proximity to transit.
i. To request an exception to the loan cap, the Project Sponsor/Applicant must submit justification prior to their Super NOFA application. Exception requests will be evaluated on a first-come, first-served basis and it is in the Sponsor’s interest to submit justification as early as possible. After justifications are submitted a recommendation from staff will be made based upon the strength of evidence and offered to the Director's Office

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Packet Pg. 155 Attachment: Attachment C - Super NOFA Amendment Handout (SAHA Letter of Support) California Department of Housing and Community Development Page 17 2022 Multifamily Finance Super NOFA (Amended June 10, 2022) for consideration. If approved, Applicants must submit documentation of Department approval with any subsequent Department applications for the applicable Project. A form for outlining the justification of the exception request will be provided by the Department and require evidence of financial necessity.

2. Exceptions to the funding limit in subsection (1)(a) include loans for non-housing related infrastructure, transit amenities, programs, capitalized operating, or operating subsidy reserves.

3. Each Sponsor/Applicant is limited to no more than $80,000,000 in Super NOFA grant or loan awards of any type, excluding any applications awarded in which the Sponsor is a co-Applicant or part of a Joint Venture partnership, Limited Liability Company, or Limited Partnership with an Emerging Developer or Tribal Entity. The per-Sponsor/Applicant Super NOFA award cap is not applicable beyond an individual Super NOFA competition – it is not a cumulative perSponsor/Applicant cap across other HCD NOFA funding opportunities.

4. Total HCD loan and grant funding, including all Super NOFA funds, shall not exceed the following percentages of the total development cost:
• 40 percent for Projects utilizing 9 percent tax credits • 50 percent for Projects utilizing 4 percent tax credits • 75 percent for Projects not utilizing tax credits
In calculating percentage of total development cost, total HCD funding shall be inclusive of both loan and grant awards received at any point in time. Thus, total HCD funding will include prior loan and grant awards, all Super NOFA awards, and shall also be applicable to future HCD awards subsequent to any Super NOFA award.

All Department Funding Sources listed in the HCD Repeal of Stacking Prohibition of Multiple Department Funding Sources Administrative Notice Number: 21-06, are applicable to the percentages of total development cost listed above. The foregoing Administrative Notice is hereby incorporated by this reference to this Super NOFA as if set forth in full herein and shall apply with equal force as all other provisions set forth herein.

At the sole discretion of the Director of HCD, funding levels in excess of the percentages above may be approved as exceptions to the limits if they uniquely advance state policy priorities. Examples include large development Projects that include transformative community investments and advance climate goals through infill development, high density construction and proximity to transit.

To request an exception, the Project Sponsor/Applicant must submit justification prior to their Super NOFA application. Exception requests will be evaluated on a first-come, first-served basis and it is in the Sponsor’s interest to submit justification as early as possible. After justifications are submitted a

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Packet Pg. 156 Attachment: Attachment C - Super NOFA Amendment Handout (SAHA Letter of Support) California Department of Housing and Community Development Page 18 2022 Multifamily Finance Super NOFA (Amended June 10, 2022) recommendation from staff will be made based upon the strength of evidence and offered to the Director's Office for consideration. If approved, Applicants must submit documentation of Department approval with any subsequent Department applications for the applicable Project. A form for outlining the justification of the exception request will be provided by the Department and require evidence of financial necessity.

5. The HCD Repeal of Stacking Prohibition of Multiple Department Funding Source Memo shall remain applicable. A maximum of four HCD Funding Sources comprised of no more than two development loans and two housing-related infrastructure grants may be used on a single Project. Housing related infrastructure grants are those grants provided through the Affordable Housing Sustainable Communities program and also include the following: Housing Related Infrastructure (HRI) grants, Transit-Oriented Development (TOD) Implementation Program - Infrastructure grants, and Infill Incentive Grant Program of 2007 (IIG-2007) and Infill Infrastructure Grant Program of 2019 (IIG2019). a. Within the Super NOFA, the Department will offer loan funding from only one Designated Program (MHP, VHHP, or FWHG) per eligible Unit. The Department will, however, offer funding on previously funded units (i.e. the Department may make a new MHP award on a Unit that has previously received an FWHG award.) However, projects must still comply with the “two-loan, two-grant per Project” rule articulated in the HCD Repeal of Stacking Prohibition of Multiple Department Funding Sources Administrative Notice Number: 21-06. However, Projects must still comply with the “two loan and two grant per Project” rule articulated in Administrative Notice Number 21-06 (Repeal of Stacking Prohibition of Multiple Department Funding Source). Additionally, the Department will not award funding from a specific Super NOFA Designated Program to a Unit that previously received funding from the same program funding source. For example, the Department will not provide MHP funding under the Super NOFA to Units that were awarded MHP funding in a prior MHP round.

6. For Projects assisted by MHP, the number of MHP Assisted Units shall equal the number of Restricted Units to the extent allowed by the requirements of Article XXXIV of the California Constitution, with the exception that Units assisted by a VHHP or FWHG award under the Super NOFA will not be additionally assisted by MHP.

Notwithstanding the above limitations on stacking, at the Department’s discretion, in order to promote Project feasibility, Units assisted by VHHP or FWHG awarded under the Super NOFA may be additionally assisted by MHP in instances where Article XXXIV restrictions limit the Department’s regulatory role.

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Packet Pg. 157 Attachment: Attachment C - Super NOFA Amendment Handout (SAHA Letter of Support) California Department of Housing and Community Development Page 19 2022 Multifamily Finance Super NOFA (Amended June 10, 2022) Such stacking will occur only in consultation with Project Applicant during the application review period.

For the purpose of calculating loan limits, MHP will loan on any Units restricted to occupancy by households 60% AMI or lower, unless that Unit is also receiving an FWHG or VHHP award under the Super NOFA, in which case the more restrictive AMI targeting will be applicable.

7. Although the exact balance will be driven by the Applicant pool, the Department will strive to ensure that no single MHP Project-type exceeds roughly 50 percent of the total NOFA funds.

H. Cost Limitations
The limits on developer fee are set forth in the applicable Designated Program Guidelines and repeated below for ease of use.
• MHP Guidelines Section 7305: Cost Limitations
• VHHP Guidelines Section 205: Cost Limitations
• FWHG Guidelines Section 206: Cost Limitations
Developer fee limits specified in UMR Section 8312 shall apply, except that:

1. UMR Section 8312(d) shall not apply.

2. For non-tax credit new construction Projects, the total developer fee shall not exceed the following:
a. For Projects with 49 or fewer Restricted Units (excluding Units restricted at levels above 60 percent of AMI): the greater of $40,000 per Restricted/Manager’s Unit or $1,200,000.
b. For Projects with between 50 and 100 Restricted Units (excluding Units restricted at levels above 60 percent of AMI): $2,200,000; and c. For Projects with more than 100 Restricted Units (excluding Units restricted at levels above 60 percent of AMI): $2,200,000 plus $20,000 per Restricted Unit in excess of 100 up to a maximum of $3,500,000. The developer fee in excess of $2,200,000 must be deferred. Payment of deferred developer fee shall be in compliance with UMR Section 8314.

3. For Projects utilizing 4 percent tax credits, developer fee payments shall not exceed the amount that may be included in Project costs pursuant to Title 4 California Code of Regulations (CCR), Section 10327(c)(2)(B); and

4. Joint Ventures or co-Sponsors that include a Tribal Entity or an Emerging Developer that rely on partner to meet the experience requirements of an eligible Sponsor (this does not include contracting without co-ownership pursuant to

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Packet Pg. 158 Attachment: Attachment C - Super NOFA Amendment Handout (SAHA Letter of Support) California Department of Housing and Community Development Page 20 2022 Multifamily Finance Super NOFA (Amended June 10, 2022) section 7303(d)(3) MHP Guidelines), shall have their allowable total developer fee increased according to the following:

a. For non-tax credit Projects, an increase of $300,000 over the limits set forth in (b)(2) (a)-(c) above. Additionally, for Projects with more than 100 Units as defined above in (b)(2)(c), the developer fee paid from sources may increase up to $2,640,000.
b. For Projects utilizing 4 percent tax credits, an increase consistent with Title 4 CCR, Section 10327(c)(2)(E), if eligible pursuant to that section.

I. Threshold
A Project is not eligible for an award unless it meets all the threshold requirements of the applicable Designated Program(s) and IIG-2019. Below is a summary of some of the universal or Program-specific threshold requirements and is not to be considered a complete representation of the entirety of the threshold, or other requirements, terms, and conditions for MHP, VHHP, FWHG, and IIG. Please review the individual Program Guidelines of each Program for complete information.

Further, Sponsors/Applicants must achieve a minimum point score of 85 points in Universal Scoring Criteria to be considered for a funding award.

1. MHP Section 7303.1 Complete Threshold Requirements
All threshold requirements of MHP shall be satisfied. The following listed below are highlights of threshold requirements of MHP that may also apply to other Designated Programs:
• Projects with Special Needs Units shall provide services suitable to the needs of the Special Needs Population; and the application shall demonstrate a specific, feasible plan for delivery and funding of those services, including identification of the Lead Service Provider (LSP), service delivery partners and funding sources, pursuant to Section 7310 and 7314.

2. VHHP Section 202 Complete Threshold Requirements
All threshold requirements of VHHP shall be satisfied. The following listed below are highlights of threshold requirements of VHHP:
• Occupancy is restricted to the greater of 25 percent of total Units in the Project or ten Units to VHHP Assisted Units. At least restrict 50 percent of Assisted Units to Extremely Low-Income Veterans (ELI) and at least 60 percent of these Units must be Supportive Housing Units meeting one of the Homeless subpopulations targeting requirements set forth in 201 (g). • As part of application initial threshold review, meet the requirements specified in the following Sections:

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Packet Pg. 159 Attachment: Attachment C - Super NOFA Amendment Handout (SAHA Letter of Support) California Department of Housing and Community Development Page 21 2022 Multifamily Finance Super NOFA (Amended June 10, 2022) a. Submission of the VHHP Supportive Services Plan application form b. 201 (k), 201 (l), (LSP) Experience)
c. 214 (b) (1), (formal agreement between LSP and Sponsor) • Ensure compliance with the Disabled Veteran Business Enterprise (DVBE) and Veteran hiring requirements set forth in Section 217 of the VHHP Guidelines.
• The Sponsor must demonstrate confirmation of local need for the Project set forth in Section 201 (p).

3. FWHG Section 204 Complete Threshold Requirements

All threshold requirements of FWHG shall be satisfied. The following listed below are highlights of threshold requirements of FWHG:
• Funding is prohibited for use in housing H-2A (temporary agricultural) workers.

• At least 25 percent of the Units shall be reserved for Agricultural Households. • The Applicant shall document that there is sufficient demand for Agricultural Household Units in the area in which the Project is or will be located as evidenced by a market study.
• Farmworker Need- The maximum number of Projects awarded per County under this Super NOFA shall be based on the presence of farmworkers in the County in which the Project is located based on the most recent U.S. Census of Agriculture (hired farm labor).

Counties
Percentage of
Statewide Hired
Farm Labor
Maximum
Awards Per
County
Fresno, Monterey, Tulare, Santa
Barbara, Ventura, Kern, San
Joaquin, Santa Cruz, Madera,
Merced, Sonoma, Stanislaus, San
Diego, San Luis Obispo, Riverside
3% or more 3
All others Less than 3% 2

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Packet Pg. 160 Attachment: Attachment C - Super NOFA Amendment Handout (SAHA Letter of Support) California Department of Housing and Community Development Page 22 2022 Multifamily Finance Super NOFA (Amended June 10, 2022)

4. IIG Section 202 Complete Threshold Requirements (for IIG-2007)

All threshold requirements of IIG shall be satisfied. The following listed below are highlights of the threshold requirements of IIG:
• The application must involve an eligible CIP pursuant to section 200. This includes the following requirements, among others, for the QIP:
a. Must meet the definition of a QIP under Guidelines Appendix A Defined Terms.
b. Must include Net Densities on the parcels to be developed that are equal to or greater than the Densities described in section 200. c. Must include not less than 15 percent of the total residential Units to be developed in the QIP as Affordable Units.

5. IIG Section 206 Complete Threshold Requirements (for IIG-2019) IIG-2019 is not one of the Designated Programs and will have slightly different threshold requirements from IIG-2007. A QIP is not eligible for an IIG-2019 award unless it meets all the threshold requirements of the IIG-2019 program set in section 206 of IIG Guidelines.

Please note, however, that the Department will determine threshold eligibility pursuant to Section 206(a)(1)(A) of the IIG Program Guidelines related to housing element compliance at the time of award. Specifically, prior to award, the locality in which the QIP is located must have 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 GC, pursuant to GC Section 65585 at time of award. If the award decisions are made within 120 days of the housing element due date, the Department may refer to the jurisdiction’s compliance from the prior cycle.

For the purposes of this section alone, jurisdictions that are undergoing Department review of their housing element at the time of award, and jurisdictions which are receiving Department technical assistance to bring their housing element into compliance at the time of award, shall both be deemed to be in a presumptive state of substantial compliance by the Department. All awards premised on presumptive substantial compliance shall include conditions in their respective standard agreements requiring that prior to funds disbursement the subject jurisdiction must have received a final housing element certification letter from the Department.

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Packet Pg. 161 Attachment: Attachment C - Super NOFA Amendment Handout (SAHA Letter of Support) California Department of Housing and Community Development Page 23 2022 Multifamily Finance Super NOFA (Amended June 10, 2022) J. Scoring and Ranking

1. Scoring Overview
For the purposes of the Super NOFA, all scoring criteria have been outlined in Section III. Universal Scoring of this NOFA. This section details the scoring criteria applicable to all Programs subject to AB 434.

The proposed rating and ranking system aim to accomplish the following goals:
(1) Minimize incentive to apply to multiple programs solely to increase funding levels,
(2) Minimize the number of partially funded Projects,
(3) Ensure that VHHP and FWHG funds are utilized,
(4) Ensure high-quality Projects are awarded, regardless of funding sources requested,
(5) Eliminate subjectivity in rating, ranking, award levels, or award types, (6) Support more efficient use of time and resources, for both Applicants and HCD.

Applications that pass the initial threshold review will be scored using the Universal Scoring Criteria. In the event of tied point scores, HCD shall rank tied applications based on three factors pursuant to the tie-breaker system detailed in the Universal Scoring Criteria: the lowest weighted average affordability of all residential Units, leverage of other funds, and cost containment.

Incomplete applications or others not expected to receive an award of funds due to relatively low scores may not be fully evaluated.

The scoring and tiebreaker contained in the Universal Scoring Criteria is being implemented for the first time in this 2022 Super NOFA, thus the Department recognizes there may be some degree of unpredictability in the outcome of this competition.

2. Ranking Overview
This section provides an overview of the application ranking process and funding order. All applications meeting all the threshold requirements of the applicable Designated Program(s) and IIG-2019 and achieving a minimum point score of 85 points in Universal Scoring Criteria will be considered for funding pursuant to the process described below. Please note, however, that regional targets and setasides will only be funded to the extent that eligible applications (those meeting all threshold requirements including minimum point score) exist. If the Department receives fewer eligible applications than funding available, any unawarded funds within the regional targets or set-asides may be used to fund remaining eligible applications based on ranked score.

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Packet Pg. 162 Attachment: Attachment C - Super NOFA Amendment Handout (SAHA Letter of Support) California Department of Housing and Community Development Page 24 2022 Multifamily Finance Super NOFA (Amended June 10, 2022) a. Tribal, non-tax credit, and Emerging Developer/Community Based Developer set-asides. Beginning with the top-ranked Projects (according to the Universal Scoring Criteria including tiebreakers as applicable) eligible for a set-aside, the highest scoring set-aside applications will be “fully funded” (provided all applicable threshold, minimum point score, and underwriting criteria are met). “Fully funded” means these applications will receive an award of all requested Program funds, subject to applicable limits. Applicable limits that could result in Department awards below requested levels include but are not limited to maximum allowable loan limits (per Unit, per Project and per Sponsor) and available funding in the 2022 Super NOFA. Applicants that are eligible can compete in multiple set-asides if unsuccessful in one set-aside due to oversubscription (for example, Tribal and non-tax credit).

Experience points will not be considered in the ranking of the Emerging Developer/Community Based Developer set-aside; however, the experience point category will be applicable if an application is unsuccessful in the Emerging Developer/Community-Based Developer set-aside and is then ranked with the remaining unfunded applications.
i. Within the Emerging Developer/Community-Based Developer set-aside, priority will be given to Emerging Developers for approximately one-third of set-aside funds. These Projects will be ranked against each other and funded first. The Department will also prioritize applications under the Emerging Developer/Community-Based Developer set-aside that do not include co-Sponsors/Applicants or Sponsors/Applicants that are part of Joint Ventures.
ii. Projects funded through the set-asides are accounted for in the regions’ percentage targets.
b. Once all set-asides are funded to the extent possible, remaining VHHP applications will be funded as described below, then FWHG, followed by MHP and IIG.

VHHP and FWHG Applicants remaining after the set-asides are funded will be ranked separately according to their score for the Universal Scoring Criteria, including tiebreakers as applicable, until VHHP and FWHG funds are exhausted.

The highest ranking VHHP and FWHG Projects will be fully funded until all VHHP and FWHG funds are exhausted. In other words, highest scoring applications will receive an award of all requested Program funds for which they qualify.
c. When approximately 50 percent of VHHP Program funds have been allocated to Projects located in High/Highest Resource Areas, and approximately 50 percent of FWHG funds have been allocated to Projects located in High/Highest Resource Areas, the Universal Scoring Criteria points for

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Packet Pg. 163 Attachment: Attachment C - Super NOFA Amendment Handout (SAHA Letter of Support) California Department of Housing and Community Development Page 25 2022 Multifamily Finance Super NOFA (Amended June 10, 2022) location in High/Highest Resource Areas will no longer apply, and all remaining Applicants to these two Programs will be awarded based upon their ranking without points for the High/Highest Resource Area location. d. Projects funded through VHHP and FWHG are accounted for in the regions’ percentage targets. Additionally, if a concentration of VHHP or FWHG in any region would make it impossible for the Department to achieve an equitable NOFA-wide geographic distribution, the Department may skip to lower-scoring VHHP and FWHG applications.
e. At the point when VHHP funds are depleted, if the last funded VHHP application requests more VHHP funds than remain, MHP funds may be substituted for the VHHP funds at the sole discretion of the Department, or the application may be partially funded, or the Department may employ a skipping strategy. To qualify for partial funding, the Applicant must have an alternate plan for successfully securing other gap financing that would have been covered by VHHP or FWHG. Partially funded Projects shall have 180 days to secure this gap financing. HCD may grant extensions to this timeframe at its sole discretion.
f. If the last-ranked FWHG application requests more FWHG funds than remain, that Project will receive an augmentation of FWHG funds and be fully funded unless the funding augmentation would be in excess of $15 million. In that case, last-ranked FWHG application may be skipped for the next in line with a smaller request, or the Department may make remaining FWHG funds available in a future NOFA.
g. The remaining Projects will be ranked according to their Universal Scoring Criteria point score and tie-breaker score and fully funded with the remaining MHP and IIG funds, as applicable, until there are no more funds available to fully-fund Projects.
h. However, if the next ranked application according to the Universal Scoring Criteria originally requested VHHP or FWHG (but was not awarded VHHP or FWHG), then the Department at its sole discretion may either partially fund that application or skip to the next-ranked application that did not request VHHP or FWHG. To qualify for partial funding, the Applicant must have an alternate plan for successfully securing other gap financing that would have been covered by VHHP or FWHG. Partially funded Projects shall have 180 days to secure this gap financing. HCD may grant extensions to this timeframe at its sole discretion.
i. The Department may employ the same skipping strategy as described above to achieve the statutorily required MHP allocation to Senior or other housing. j. After MHP and/or IIG funds are largely depleted, if the next-ranked MHP or IIG application requests more MHP or IIG funds than remain in the NOFA, at the sole discretion of the Department, that Project may receive an

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Packet Pg. 164 Attachment: Attachment C - Super NOFA Amendment Handout (SAHA Letter of Support) California Department of Housing and Community Development Page 26 2022 Multifamily Finance Super NOFA (Amended June 10, 2022) augmentation of funds and be fully funded if the augmentation would be $15 million or less. If the augmentation required to fully fund the request would be more than $15 million, the MHP or IIG application may be skipped or partially funded. Partially funded Project(s) will be offered partial funds if they have an alternate plan for successfully securing other gap financing that would have been covered by MHP or IIG. Partially funded Projects shall have 180 days to secure this gap financing. HCD may grant extensions to this timeframe at its sole discretion. If the next ranked partially funded Project(s) are not deemed to have a viable plan for securing other gap financing, then they will be skipped, or the remaining funds will be made available in a future NOFA which includes such Program funding.
k. If there are insufficient applications for MHP, VHHP, FWHG, or IIG funds that meet threshold, scoring, and underwriting requirements, any remaining funds will be made available in a future NOFA.

K. Negative Points and Disencumbrance Policies
The Department’s Negative Points Policy (Administrative Notice Number 2022-01) and Disencumbrance Policy (Administrative Notice Number 2022-02), dated March 30, 2022 and published on the Department’s website, are hereby incorporated by this reference to this Super NOFA as if set forth in full herein, and shall apply with equal force as all other provisions set forth herein.

If the Sponsor/Recipient/Applicant is subject to a negative points assessment based on the criteria outlined in the Department’s Negative Points Policy or is determined to be ineligible for funding, HCD shall notify the Sponsor/Recipient/Applicant in writing in the initial point score letter.

III. Application Submission and Review Procedures
a. Application Submission Process
Applications must meet eligibility requirements upon submission (except as expressly indicated in the Guidelines). See Program Requirements above for eligible Sponsors/Applicants, eligible Projects, and eligible uses of funds. Applications that do not meet the filing deadline requirements will not be eligible for funding.

Applications must be on HCD’s forms and cannot be altered or modified by the Applicant. It is the Applicant’s responsibility to ensure the application is clear, complete, and accurate. Excel forms must be submitted in Excel format, not a PDF document.
b. Electronic Submission
Application materials must be submitted electronically via the SNAP Portal.

Requirements for uploading the universal Super NOFA application and required supporting documentation, including naming conventions, are described in the Super

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Packet Pg. 165 Attachment: Attachment C - Super NOFA Amendment Handout (SAHA Letter of Support) California Department of Housing and Community Development Page 27 2022 Multifamily Finance Super NOFA (Amended June 10, 2022) NOFA application instructions page. Applicants must upload all application materials to the SNAP Portal no later than 4:00 p.m. Pacific Daylight Time on July 12, 2022. c. Application Workshops and Pre-Application Consultation HCD will conduct three in-person workshops and two recorded webinars for the Super NOFA. Please visit the Multifamily Finance Super NOFA website for the dates and registration information. Pre-application consultations are also available and can be requested by contacting [email protected].

D. Disclosure of Application
Information provided in the application will become a public record available for review by the public pursuant to the California Public Records Act (Gov. Code, § 6250 et seq.). As such, any materials provided are subject to disclosure to any person making a records request under this Act. HCD 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 HCD, the Applicant is waiving any claim of confidentiality and consents to the disclosure of submitted material upon request.

E. Concurrent Applications
Due to the unique circumstances of the current challenging funding environment, the Department will allow Super NOFA Applicants to pursue more than one funding scenario. This means that a separate, concurrent application to other HCD Program funding source(s) is permitted under this Super NOFA. These Applicants, however, MUST submit within each application a disclosure of all HCD applications under review or anticipated to be submitted. All anticipated applications with NOFAs subsequent to the Super NOFA application due date must be disclosed to Super NOFA staff no later than September 30, 2022. In addition, Applicants must notify Super NOFA Program staff via the Super NOFA mailbox at the time the second application is submitted ([email protected]). Submission of concurrent Super NOFA applications proposing 4 percent and 9 percent tax credits, as well as submitting a Super NOFA application proposing 4 percent tax credits and submitting a 9 percent application in TCAC’s second 2022 round, is prohibited.

In instances where such Applicants are competitive for an award, the Department will also engage in consultation with Applicants to discern which funding scenario(s) are optimal for Project feasibility while balancing cost containment. However, it is the Department’s intent to avoid any possibility of over-subsidizing.

In the absence of compelling reasons to do otherwise, HCD’s approach for Super NOFA Applicants will be to reduce the Super NOFA award commensurately with any amounts awarded under another HCD program.

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Packet Pg. 166 Attachment: Attachment C - Super NOFA Amendment Handout (SAHA Letter of Support) California Department of Housing and Community Development Page 28 2022 Multifamily Finance Super NOFA (Amended June 10, 2022) F. Prior Awards
Applicants seeking to substitute previously awarded funds, including but not limited to substitutions in order to increase the amount of an award, must first withdraw their previous award in writing and provide reasonable justification that the substitution is necessary to ensure Project feasibility. A consultation with Department Program staff is required at the time of the withdrawal. Substitutions based solely upon Sponsor/Applicant preference or convenience will not be permitted. However, it is allowable for Applicants that wish to retain their previous award to apply for another funding source available within this Super NOFA, so long as the previous award is unmodified. In this case, the Department will also allow previously awarded Projects to lower their proposed income targets from one application to the next, so long as the total Unit count remains the same. The Department will restrict Units to the lowest targeting across all awarded funds and will require Projects awarded from a Program with prioritized Target Populations to maintain the special population Units (increasing Target Population and/or Restricted Units is permitted). However, for Projects proposing a reduction to AMI levels on the Unit mix, the awardee must engage with Program staff of their prior award and confirm the change does not impact Project feasibility and would not cause a reduction in awarded funds pursuant to that Program’s requirements. This consultation process must begin no later than June 1, 2022.

G. Significant Changes in Project After Application
The Department will review, and score based on information provided in the application. If there is a significant departure from the application, the Department may re-evaluate the Project’s score, reduce loan or grant amount, or assign negative points to the Sponsor/Applicant.

IV. Universal Scoring Criteria
A. Summary
The criteria detailed below and summarized in the following table shall be used to rate applications:

Universal Point Score Criteria
(Used in Project ranking separate from Threshold Review) Criterion Maximum Score Universal Scoring Criteria
Extent to Which the Project Serves Households
at the Lowest Income Levels 30
State Policy Priorities 17
Project Sponsor and Property Management
Experience 20

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Packet Pg. 167 Attachment: Attachment C - Super NOFA Amendment Handout (SAHA Letter of Support) California Department of Housing and Community Development Page 29 2022 Multifamily Finance Super NOFA (Amended June 10, 2022) B. Extent to which the Project serves households at the lowest income levels (30 points maximum)
Applications will be scored based on the percentage of Restricted Units limited to various percentages of AMI, adjusted by household size, and as follows:

1. A maximum of 30 points will be awarded based on the Lowest Income Points Table below.

2. The “Percent of AMI” category may be used only once. For instance, 50 percent of Restricted Units at 50 percent of AMI cannot be used twice for 100 percent of Units at 50 percent AMI and receive 25 points, nor can 50 percent of Restricted Units at 50 percent of AMI for 12.5 points and 40 percent of Restricted Units at 50 percent of AMI be used for an additional 10 points. However, the “Percent of Restricted Units” may be used multiple times. For example, 50 percent of Restricted Units at 50 percent of AMI for 12.5 points may be combined with another 50 percent of Restricted Units at 45 percent of AMI to achieve the maximum points.

3. Point values that are only available to Projects in Rural Areas are marked with an asterisk.

Lowest Income Points Table
Percent of AMI
Percent of
Restricted
Units
55% 50% 45% 40% 35% 30% 25% 20% &
below
50% 5* 12.5* 16.9 17.5 18.75 30 30 30
45% 5* 11.25* 16.9 17.5 18.75 30 30 30
Project Readiness 20
Adaptive Reuse / Infill / Proximity to
Amenities / Sustainable Building Methods 21
Cost Containment 5
Total Possible Universal Points 113

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Packet Pg. 168 Attachment: Attachment C - Super NOFA Amendment Handout (SAHA Letter of Support) California Department of Housing and Community Development Page 30 2022 Multifamily Finance Super NOFA (Amended June 10, 2022) 40% 5* 10 15 17.5 18.75 27.5 30 30
35% 4.4* 8.75 13.15 17.5 18.75 25 27.5 30
30% 3.75* 7.5 11.25 15 18.75 22.5 25 30
25% 3.15* 6.25 9.4 12.5 15.65 18.75 21.9 25
20% 2.5* 5 7.5 10 12.5 15 17.5 20
15% 1.9* 3.75 5.65 7.5 9.4 11.25 13.1 15
10% 1.25* 2.5 3.75 5 6.25 7.5 8.75 10
To receive any points in this category, at least 10 percent of the Restricted Units must be restricted to households with incomes not exceeding 30 percent of AMI.

Deeply Affordable Units under this paragraph (2) - those Units with up to 30 percent AMI targeting - cannot be concentrated among a Project’s smaller Units.

They must be distributed proportionately across all Unit sizes, or, alternately, more heavily represented among larger Units. To ensure a proportional spread of deeply Affordable Units, at least 10 percent of the larger Units in the Project must be provided at 30 percent of AMI, as applicable. So long as the Applicant meets the 10 percent standard Project-wide, the 10 percent standard need not be met among all the smaller Units.

Example:
60 Total Units in Project Required ELI Units
(30% AMI)
18 three-bedroom 2 Units
21 two-bedroom 3 Units
21 one-bedroom 1 Unit
Total (10%) 6 Units

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Packet Pg. 169 Attachment: Attachment C - Super NOFA Amendment Handout (SAHA Letter of Support) California Department of Housing and Community Development Page 31 2022 Multifamily Finance Super NOFA (Amended June 10, 2022) In Projects that rely on renewable project-based rental assistance contracts to maintain Fiscal Integrity consistent with the targeted income limits (and associated tenant Rents), scores will be based on the applicable income and Rent limits.

C. State Policy Priorities (17 points maximum)

1. Five points will be awarded for Projects located in a “High Resource” or “Highest Resource” Area as shown on the TCAC/HCD Opportunity Area Map

MHP Senior Projects do not qualify for High/Highest Resource Area points unless they also qualify as MHP Special Needs Projects with at least 25 percent Department-restricted Special Needs Units. These may also qualify under the MHP Senior set-aside if they meet the eligibility requirements under MHP Guidelines section 7302(e)(2).

Once Projects receiving 5 points pursuant to paragraph (1) have been ranked according to the scoring criteria and as further described in a NOFA and recommended for award in the amount of 50 percent of all Program funds available in a NOFA, remaining Projects shall not receive 5 points for meeting the requirements of this paragraph.

To the extent possible, the Department will aim to achieve 50 percent High and Highest Resource Area Projects under VHHP and FWHG-funded Projects.

An Applicant may choose to utilize the applicable census tract, or census block group, or resource designation from the TCAC/HCD Opportunity Area Maps in effect when the initial site control (pursuant to UMR section 8303(a)) was obtained up to seven calendar years prior to the application.

2. Total Percentage of Super NOFA-funded8 Units Serving Special Needs Populations, Agricultural Households (10 points maximum) Chronically Homeless, Homeless via CES9 Other Special
Needs, Agricultural Households
Total percent of Super NOFA-funded Units Points
25%+ 10 points
16-24% 9 points
10-15% 8 points
8 Super NOFA-funded Units means a request of funding for Units by the Designated Program(s) under this Super NOFA. This does not include any Units funded under a prior round of any program funding. 9 Coordinated Entry System (CES)

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Packet Pg. 170 Attachment: Attachment C - Super NOFA Amendment Handout (SAHA Letter of Support) California Department of Housing and Community Development Page 32 2022 Multifamily Finance Super NOFA (Amended June 10, 2022) Note: Per Threshold Criteria for FWHG, the Project shall meet the minimum percent of Assisted Units as defined in each NOFA. See NOFA for current minimum percent of Agricultural Household Assisted Units. Also see VHHP Guidelines Section 201 (f) through (i) for VHHP subpopulation threshold percentages.

Under this category, applications requesting IIG Program funds only and no other Super NOFA funds will automatically receive 10 points.

Under this category, Rehabilitation Projects are scored differently from new construction. Rehabilitation Projects will automatically receive 10 points. To receive these points, the Project shall maintain any Chronically Homeless, Homeless, other Special Needs, and Agricultural Households population restrictions pursuant to an existing Regulatory Agreement, deed restriction, or similar encumbrance. Any existing income, Rent, and population restrictions must be documented in the application. No permanent relocation shall be permitted unless reviewed and approved by the Department.

Rehabilitation Projects must also meet the following conditions:

a. The Project qualifies as At High Risk or involves the conversion of single occupancy Units without kitchens and/or bathrooms to Units with kitchens and bathrooms; and
b. The contract for Rehabilitation work equals or exceeds $60,000 per Unit in hard construction costs. Hard construction costs mean costs included in a construction contract but excluding general requirements, profit and overhead.

3. Public Excess Lands (2 points maximum)
Two points will be awarded if a new construction Project is located on a site selected under Executive Order N-06-19 to enter into a ground lease with the state to create affordable housing on excess state-owned property.

D. Project Sponsor/Applicant and Property Management Experience (20 points maximum)
NOTE: For applications requesting IIG funds only, Applicant experience is evaluated. For applications requesting IIG plus another Designated Program funds (e.g., MHP), Applicant experience is evaluated for IIG, and Sponsor experience is evaluated for MHP (in this example, Applicant and Sponsor may or may not be the same entity).
“Projects” as used in paragraph (1) and (2) below means Rental Housing Developments of over ten Affordable Units that are subject to a recorded Regulatory Agreement, or, in the case of housing on Indian Country, where federal HUD funds

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Packet Pg. 171 Attachment: Attachment C - Super NOFA Amendment Handout (SAHA Letter of Support) California Department of Housing and Community Development Page 33 2022 Multifamily Finance Super NOFA (Amended June 10, 2022) have been utilized in affordable rental developments. Points in paragraphs (1) and (2) will be awarded in the highest applicable category and are not cumulative. For points to be awarded in paragraph (2), an enforceable management agreement executed by both parties for the subject application must be submitted at the time of application.

By applying for and receiving points in these categories, Applicants certify that the property shall be owned and managed by entities with equivalent experience scores for the entire Regulatory Agreement period.

1. Development and Ownership Experience. Applications will be scored based on the number of subsidized rental housing Projects (including tax credit Projects) that the Sponsor/Applicant has completed and operated and whether the Sponsor/Applicant is subject to penalties pursuant to paragraph (3) below.

For completed Projects, a Sponsor/Applicant may include the experience of its controlled affiliated entities or its principals (e.g., employed by, and under the control of the Sponsor/Applicant and responsible for managing development activities), but not the experience of non-management board members. A Sponsor/Applicant may include the experience of a partner (e.g., Joint Venture partners pursuant to Appendix A of the Guidelines) to gain experience points; however, the experienced partner must have a controlling interest in the Project’s ownership and a substantial and continued role in the Project’s ongoing operations, as evidenced in the organizational documents for the owner.

Experience among partners shall not be aggregated. Any change in the ownership that reduces the Sponsor’s/Applicant’s role shall require prior written approval by the Department.

If a Sponsor/Applicant relies upon the experience of its Principal for scoring, documentation of the Principal’s experience is required as set forth in the NOFA and application.

The experience of an Emerging Developer’s principal shall not be used to qualify an Emerging Developer Sponsor/Applicant for maximum development and ownership experience points. An Emerging Developer cannot have developed, owned, or operated more than three (3) Affordable Housing Developments. If the experience of an Emerging Developer’s principal is used for scoring and exceeds three (3) Affordable Housing Developments, the Sponsor/Applicant does not meet the qualifications of an Emerging Developer.

To receive points under this paragraph the following conditions must be met:

a. Submit a certification that the Projects for which points are requested have maintained Fiscal Integrity for the year in which each Rental Housing Development’s last financial statement has been prepared, a positive operating cash flow from typical residential income alone and have funded reserves in accordance with the partnership agreement and any applicable loan documents.

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Packet Pg. 172 Attachment: Attachment C - Super NOFA Amendment Handout (SAHA Letter of Support) California Department of Housing and Community Development Page 34 2022 Multifamily Finance Super NOFA (Amended June 10, 2022) To obtain points for Projects previously owned, a certification must be submitted with respect to the last full year of ownership by the Sponsor/Applicant, along with verification of the number of years that the Project was owned by that Sponsor/Applicant. To obtain points for Projects previously owned, the ending date of ownership or participation must be no more than ten years from the application deadline.

Points are available as follows:
3-4 projects in service more than 3 years, of which 1 shall be in service more than 5 years and 2 shall be Departmentregulated or projects utilizing low-income housing tax credits allocated by TCAC
10 points
5 or more projects in service more than 3 years, of which 1 shall be in service more than 5 years and 2 shall
be Department-regulated or projects utilizing low-income housing tax credits allocated by TCAC

15 points
For Special Needs Projects or Community-Based Developers only with experience serving Target Population(s) proposed to be served in the application, points are available as described above or as follows:

For Special Needs projects:
• 4 or more Special Needs Projects in service more
than 3 years, of which 1 shall be Departmentregulated or a project utilizing low-income housing tax credits allocated by TCAC.

For Community-Based Developers:
• 4 or more projects in service more than 3 years, of
which 1 shall be Department-regulated or a project
utilizing low-income housing tax credits allocated by
TCAC.

The property manager shall have three or more years’
experience serving the Target Population(s) proposed to be served in the application.
15 points
Pursuant to Section 7303 of the MHP Guidelines, Applicants with fewer than four active Rental Housing Developments in service more than three years shall contract with a bona-fide management company which itself earns a minimum total of five Property Management Experience points at the time of application.
b. To obtain development and ownership experience points, Tribal Entities, Community-Based Developers or Emerging Developers may contract with

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Packet Pg. 173 Attachment: Attachment C - Super NOFA Amendment Handout (SAHA Letter of Support) California Department of Housing and Community Development Page 35 2022 Multifamily Finance Super NOFA (Amended June 10, 2022) a Developer who will not be the Project owner and may receive points commensurate with the Developer’s experience pursuant to (a) above.

For purposes of this subparagraph only, a Developer is defined to include an entity pre-approved by the Department that has developed but not owned the requisite number of projects described in (a above and that provides the certification described in (a) above for the projects for which experience points are requested. If the projects for which the entity requests experience points do not include two Department-regulated projects in service more than three years, the Tribal Entity shall also contract with a bona-fide management company which itself earns a minimum total of 5 Property Management Experience points at the time of application. For this purpose, only, “develop” shall mean developing the project scope and timeline, securing financing, hiring, or performing the services of a general contractor, and overseeing completion of construction and placement in service as well as asset managing the project for at least three years after construction completion.

When seeking the Department’s pre-approval, the entity shall provide fully executed copies of contracts demonstrating the Department’s criteria for “develop” as specified above have been met.

The contract shall be in effect at least until the Project’s stabilized occupancy (90 percent occupancy for single room occupancy (SRO) and Special Needs Projects and 95 percent for all other projects), completion of all permanent loan closings, and achievement of all stabilization milestones of the Project’s ownership agreement. Tribal Entities exercising the option under this subparagraph (B) to contract with a Developer for these experience points shall also contract for asset management for at least the term of the 15-year federal compliance period with an entity that has provided three years of asset management for at least two Department-regulated Projects.

2. Property Management Company Experience. To receive points under this paragraph, the property management company must meet the following conditions:
a. To obtain points for projects previously managed, the ending date of the property management role must be no more than ten years from the application deadline. In addition, the property management experience with a project shall not pre-date the project’s construction completion date.

Points are available as follows:
6-10 projects managed over 3 years, of which 2 shall
be Department-regulated or projects utilizing low-income housing tax credits allocated by TCAC
3 points

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Packet Pg. 174 Attachment: Attachment C - Super NOFA Amendment Handout (SAHA Letter of Support) California Department of Housing and Community Development Page 36 2022 Multifamily Finance Super NOFA (Amended June 10, 2022) 11 or more projects managed over 3 years, of which 2
shall be Department-regulated or projects utilizing lowincome housing tax credits allocated by TCAC 5 points
For Special Needs Projects and for Community-Based Developers, points are available as described above or as follows:

For Special Needs projects:
• 4 or more Special Needs Projects in service more
than 3 years, of which 1 shall be Departmentregulated or a project utilizing low-income housing tax credits allocated by TCAC.

For Community-Based Developers:
• 4 or more projects in service more than 3 years, of
which 1 shall be Department-regulated or a project
utilizing low-income housing tax credits allocated by
TCAC.
5 points
When contracting with an experienced property management company under the terms of paragraphs (1) or (2) above, the Sponsor/Applicant or property co-management entity must obtain training in: project operations, on-site certification training in federal fair housing law, and manager certification in Internal Revenue Code (IRC) Section 42 Low Income Housing Credit Program requirements from a CTCAC-approved, nationally recognized entity. Additionally, the experienced property management agent or an equally experienced substitute, must remain for a period of at least three years from the construction completion date (or, for ownership transfers, three years from the sale or transfer date) to allow for at least one HCD monitoring visit to ensure the Project is in compliance with HCD requirements for inspection and monitoring contained in the Regulatory Agreement. Thereafter, the experienced property manager may transfer responsibilities to the remaining general partner or property management firm following formal written approval from HCD.

3. Negative Points – An application will be assessed negative points based on one or more of the following:
a. Performance penalties assessed pursuant to the Department’s Negative Points Policy (Administrative Notice Number 2022-01), dated March 30, 2022, as may be amended from time to time.

If the Applicant is subject to a negative points assessment based on the criteria outlined in the Department’s Negative Points Policy or is determined to be ineligible for funding, HCD shall notify the Applicant in writing in the initial point score letter.

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Packet Pg. 175 Attachment: Attachment C - Super NOFA Amendment Handout (SAHA Letter of Support) California Department of Housing and Community Development Page 37 2022 Multifamily Finance Super NOFA (Amended June 10, 2022) b. VHHP applications where the Project Sponsor was involved in a previously funded VHHP Project(s) where there was a failure to make good faith efforts to hire Veterans for development, construction, and related jobs associated with the Project pursuant to Section 217 of the VHHP Guidelines.

Negative points will be assessed as a reduction to the score earned under paragraphs (1) and (2) above and will serve as the final score for this criterion. For example, if a Project earns 15 points under paragraph (1) Development and ownership experience and 5 points under paragraph (2) Project Management Company Experience but is assessed 3 negative points, the final score for this criterion would be 17 (15 + 5 - 3).

If the Sponsor/Applicant is subject to negative points assessment, HCD shall notify the Sponsor/Applicant in writing within the point score letter and will provide opportunity to appeal negative points assessment pursuant to the appeals process as set forth in the NOFA.

E. Project Readiness (20 points maximum, negative 5 points maximum) Points will be awarded to Projects under each of the following rating factors as documented in the application and as indicated below. If a particular rating factor is not applicable, full points shall be awarded in that category.

1. Financing Commitments (10 points maximum)
a. Five points will be awarded for evidencing Enforceable Funding Commitments for all construction financing, excluding: funds applied for under this NOFA, an allocation of tax-exempt bonds, and 4 percent or 9 percent tax credits. For Projects with bond financing, lender commitment of bond financing is required for these points.
b. Five points will be awarded for evidence of Enforceable Funding Commitments for all permanent financing, grants, project-based rental assistance, and operating subsidies, excluding: funds applied for under this NOFA, an allocation of tax-exempt bonds, and 4 percent or 9 percent tax credits. For Projects with bond financing, any applicable permanent lender commitment of bond financing is required for these points.

For both construction financing commitments and permanent financing commitments, the assistance will be deemed to be an Enforceable Funding Commitment as this term is defined in Appendix A of the Guidelines, if it has been awarded to the Project or if the Department approves other evidence that the assistance will be reliably available. Contingencies in commitment documents based upon the receipt of an allocation of tax-exempt bonds, 4 percent tax credits or 9 percent tax credits will not disqualify a source from being counted as committed.

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Packet Pg. 176 Attachment: Attachment C - Super NOFA Amendment Handout (SAHA Letter of Support) California Department of Housing and Community Development Page 38 2022 Multifamily Finance Super NOFA (Amended June 10, 2022) To receive points under paragraphs (a) and (b) above for deferred payment financing, grant funds, or subsidies from other Department programs, these funds must be awarded prior to finalizing the preliminary point scoring of applications under this NOFA.

2. Local and Environmental Approvals (7 points maximum) a. Land use approvals (5 points maximum) – Points will be awarded under either item i, ii, or iii below.
i. Five points will be awarded for obtaining all land use approvals or entitlements necessary prior to issuance of a building permit, including any required discretionary approvals. Notwithstanding this requirement, design review, variances, and development agreements are not required to be completed. Project sites where the planning department confirms eligibility for streamlined ministerial approval (including but not limited to the Senate Bill 35 (2017) Streamlined Ministerial Approval Processing) are eligible for these points.

For Projects located within city limits where a FEMA Major Disaster Declaration has been made up to three years preceding the application due date, these 5 points will be awarded for certification that all necessary land use approvals or entitlements necessary prior to issuance of a building permit will be completed within 90 days of award.

For Projects located outside of city limits where a FEMA Major Disaster Declaration has been made and the local government responsible for land use approvals or entitlement review is not a city, the Applicant must, in addition to providing this certification, demonstrate to the Department’s satisfaction that the Project contributes to providing housing for disaster-impacted households.
ii. Four points will be awarded for submission of a complete application to the relevant local authorities for land use approval under a Nondiscretionary Local Approval Process, where the application has been neither approved nor disapproved.
iii. One point will be awarded for a letter signed by a planner certified by the American Institute of Certified Planners indicating that, in their opinion, the Project meets all of the requirements for approval under a Nondiscretionary Local Approval Process, where an application has not been approved or disapproved by the local authorities.

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Packet Pg. 177 Attachment: Attachment C - Super NOFA Amendment Handout (SAHA Letter of Support) California Department of Housing and Community Development Page 39 2022 Multifamily Finance Super NOFA (Amended June 10, 2022) b. Environmental Approvals (2 points maximum) – Points will be awarded for local certification of CEQA (California Environmental Quality Act) exemption or completion.

For Projects located within city limits where a FEMA Major Disaster Declaration has been made up to three years preceding the application due date, these 2 points will be awarded for certification that the Project is exempt from CEQA or that the CEQA review will be completed prior to the issuance of the Department’s standard agreement for funds under this NOFA. For Projects located outside of city limits where a FEMA Major Disaster Declaration has been made and the local government responsible for environmental review is not a city, the Applicant must, in addition to providing this certification, and demonstrate to the Department’s satisfaction that the Project contributes to providing housing for disaster-impacted households.

For Projects receiving federal funds subject to review under the National Environmental Policy Act (NEPA), a copy of the Project’s Authority to Use Grant funds must be provided prior to the construction loan closing. It is not necessary to have the Authority to Use Grant Funds at application stage.

3. Organizational Documents (3 points maximum) – Points will be awarded if the ultimate borrowing entity or IIG-only Recipient, including all affiliated entities, is fully formed and all required organizational documents are submitted with the application.

4. TCAC Hybrid Projects Five points will be subtracted for a Project utilizing lowincome housing tax credits that will be part of an application to TCAC seeking hybrid tiebreaker incentives.

F. Adaptive Reuse / Infill / Proximity to Amenities / Sustainable Building Methods (21 points maximum)
Applications will receive 5 points for each of paragraphs (1), (3), (4) and 6 points for paragraph (2) of the following four conditions, up to a maximum of 21 points as defined below:
• Infill development and Net Density
• Proximity to amenities
• Broadband access
• Sustainable building methods

1. Infill development and Net Density. Five points will be awarded for infill development, including adaptive reuse of a vacant and underutilized nonresidential building located in a developed area served with public infrastructure.

The Project must meet one of the following requirements of (a) or (b) below:

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Packet Pg. 178 Attachment: Attachment C - Super NOFA Amendment Handout (SAHA Letter of Support) California Department of Housing and Community Development Page 40 2022 Multifamily Finance Super NOFA (Amended June 10, 2022) a. Located on a site where either:
i. At least 75 percent of the site was previously improved (including areas where improvements have been demolished) or used for any use other than Open Space, agriculture, forestry, or mining waste storage; or ii. At least 75 percent of the perimeter of the site’s adjoining parcels that are developed with Urban Uses (residential, commercial, industrial, public institutional, transit or transportation passenger facility use, or retail use, or any combination of those uses) but not including lands used for agricultural uses or parcels in excess of 15,000 square feet in size and containing only one single family residence, or is separated from parcels that are developed with Urban Uses only by an improved public right-of-way. In calculating this percentage, perimeters bordering navigable bodies of water and improved Parks shall not be included; or iii. The combination of at least 50 percent of site area as previously improved (including areas where improvements have been demolished) or used for any use other than Open Space, agriculture, forestry, or mining waste storage, and at least 50 percent of the perimeter of the site adjoining parcels that are developed with Urban Uses or is separated from parcels that are developed with Urban Uses only by an improved public right-of-way. In calculating this percentage
perimeters bordering navigable bodies of water and improved Parks shall not be included.
b. Developed at average residential Net Densities on the parcels to be developed that are greater than the densities described below:
i. For an incorporated city within a nonmetropolitan county and for a nonmetropolitan county that has a micropolitan area:  sites allowing at least 20 Units per acre.
ii. For an unincorporated area in a nonmetropolitan county not included in clause (i):  sites allowing at least 15 Units per acre. iii. For a suburban jurisdiction:  sites allowing at least 25 Units per acre. iv. For a jurisdiction in a metropolitan county:  sites allowing at least 45 Units per acre.
v. For a Rural Area: sites allowing at least 15 Units per acre.

2. Proximity to amenities. Maximum of 6 points, may combine options under (a) and (b):
a. Projects will receive 1/3 point per site amenity point that would be awarded under TCAC Regulations, Title 4 CCR, Division 17, Chapter 1,

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Packet Pg. 179 Attachment: Attachment C - Super NOFA Amendment Handout (SAHA Letter of Support) California Department of Housing and Community Development Page 41 2022 Multifamily Finance Super NOFA (Amended June 10, 2022) Section 10325(c)(4)(A) or successor regulation (In TCAC regulations, this is a 15-point category, however, achieving all 15 points under TCAC translates to 5 points under this category).

Transit points must be for a Transit Station or Major Transit Stop and distance must be measured by a Walkable Route.
b. Projects within one-quarter mile of a Transit Station or Major Transit Stop shall receive 1 point.

These transit points shall be measured by a Walkable Route from the nearest boundary of the Project to the outer boundary of the site of the Transit Station or Major Transit Stop.

3. Broadband access. Five points will be awarded for Projects meeting the following requirements:
a. Residential dwelling Units that can accommodate broadband service with at least a speed of 100 megabits (50 megabits for rural) per second for downloading and 20 megabits per second (10 megabits for rural) for uploading. Internet service (and its ongoing fee) is not required; and b. The application includes a plan for reducing barriers to access for Project residents. The plan should be tailored to the needs of the tenant population and may include Programs providing free or reduce internet prices; reasonable access to Project facilities, computers, and shared Wi-Fi; and computer and Wi-Fi literacy training and technical assistance.

4. Sustainable building methods. Points will be awarded based on the following (up to a maximum of 5 points):
a. 2.5 points will be awarded if the Project supports the implementation of a sustainable community’s strategy or alternative planning strategy that has been determined by the California Air Resources Board to achieve the region's greenhouse gas emissions target or other adopted regional growth plan intended to foster land use. Consistency with such plans must be demonstrated by a letter or resolution executed by an officer or an equivalent representative from the metropolitan planning organization, regional transportation agency, planning, or local transportation commission. b. If a sustainable community’s strategy is not required for a region by law, 2.5 points will be awarded if the Project supports a regional plan that includes policies and programs to reduce greenhouse gas emissions. Evidence of consistency with such plans must be demonstrated by a letter or resolution executed by an officer of, or an equivalent representative from, the metropolitan planning organization or regional transportation planning agency or local transportation commission.

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Packet Pg. 180 Attachment: Attachment C - Super NOFA Amendment Handout (SAHA Letter of Support) California Department of Housing and Community Development Page 42 2022 Multifamily Finance Super NOFA (Amended June 10, 2022) c. A Project in which not less than 50 percent of the land area is within a Transit Priority Area shall receive 2.5 points. Evidence of Project location within, or partially within, a Transit Priority Area must be demonstrated by a letter or resolution executed by an officer of, or an equivalent representative from, the metropolitan planning organization, regional transportation planning agency, or local transportation commission.
d. Five points will be awarded for a Project that is designed to achieve green building status beyond State mandatory building code requirements as verified upon construction completion by a certified LEED Green rater, certified Green Point rater, or licensed engineer. Applicants may select from the following green building certification programs:

Program Minimum Required Tier or
Designation
CalGreen Tier 2
U.S. Green Building Council
LEED Certification Gold
Green Point Rated New Construction: Gold
Rehabilitation: Whole Building
ENERGY STAR Certified Home
Living Future Challenge Living Building
e. Three points for Projects that achieve near electrification – Projects where two out of three of the major energy appliances (cook stoves, space heating, water heating) are electric. Projects must be wired to be electric-ready, defined as having 240 volts outlets near each gas appliance. f. Five points will be awarded for Projects that are powered entirely through electricity with no connections to natural gas infrastructure.

G. Cost Containment—5 points maximum
A Project shall receive 1 point for each full percent that the Project's eligible basis is less than the Project's adjusted threshold basis limit, up to a maximum of 5 points.

The percentage is calculated by dividing the project’s eligible basis by the Project’s adjusted threshold basis limit.

Total Eligible Basis per the Development Budget
Adjusted Threshold Basis Limit
(Per California Debt Limit Allocation Committee
(CDLAC) Regulation Section 5230)
For purposes of this subdivision, a Project's adjusted threshold basis limit shall be the Project's threshold basis limit, as if it were a 4 percent LIHTC project, as

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Packet Pg. 181 Attachment: Attachment C - Super NOFA Amendment Handout (SAHA Letter of Support) California Department of Housing and Community Development Page 43 2022 Multifamily Finance Super NOFA (Amended June 10, 2022) determined pursuant to Section 10327(c)(5) of the TCAC regulations, except that the increase for deeper targeting pursuant to Section 10327(c)(5)(C) of the TCAC regulations that is multiplied by the unadjusted threshold basis limit shall be limited to 80 percent. Section 10327(c)(5) of the TCAC regulations states that for Projects financed through CDLAC, “an increase of one percent in the threshold basis limits shall be available for every 1 percent of the project's Low-Income and Market Rate Units that will be income and rent restricted at or below 50 percent but above 35 percent of AMI. An increase of 2 percent shall be available for every 1 percent of the project's Low-Income and Market Rate Units that will be restricted at or below 35 percent of AMI. In addition, the applicant must agree to maintain the affordability period of the project for 55 years (50 years for projects located on Tribal Trust Land).” The Department, however, will only restrict to income levels in 5 percent increments.

Any Project may be subject to performance penalties if the Project’s total eligible basis determined upon construction completion exceeds the revised total adjusted threshold basis limits for the year the Project completes construction (or the original total eligible threshold basis limit if higher) by 40 percent.

H. Tiebreaker Score
In the event of tied point scores, the Department shall rank tied applications based on three factors which will be added together for a final tiebreaker score. The three factors are: (1) the lowest weighted average affordability of all residential Units, (2) leverage of other funds, and (3) additional cost containment. The tiebreaker scoring calculation is explained below. Although the exact balance will be driven by the Applicant pool, the Department will strive to ensure that no single MHP Project-type exceeds roughly 50 percent of the total NOFA funds.

1. Lowest weighted average affordability of all residential Units. a. Multiply each income limit applicable to the Project by the number of adjusted residential Units restricted at that income level (market rate Units, which do not include Units subject to Rent and/or occupancy restrictions at 70 percent or 80 percent AMI, shall be designated 100 percent AMI). Unrestricted Manager’s Unit(s) are excluded from this calculation.

To calculate adjusted residential Units, multiply the residential Units of a Unit Type (bedroom count) by the following adjustment factors:

Unit Type Adjustment Factor
Studio/SRO 0.90
1-Bedroom 1.00
2-Bedroom 1.25
3-Bedroom 1.50
4-Bedroom or larger 1.75

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Packet Pg. 182 Attachment: Attachment C - Super NOFA Amendment Handout (SAHA Letter of Support) California Department of Housing and Community Development Page 44 2022 Multifamily Finance Super NOFA (Amended June 10, 2022) For purposes of this calculation:
• Units with federal project-based rental assistance shall be assigned targeted Rent levels of 30 percent AMI regardless of their actual income targeting; and
• If the average affordability of all unadjusted residential Units, exclusive of Units with rental assistance, is less than 40 percent AMI, then the calculation shall assume a targeted Rent level of 40 percent AMI for each residential Unit that does not have rental assistance.
b. Add the products calculated pursuant to the previous paragraph. c. Divide the sum calculated pursuant to the previous paragraph by the total number of adjusted residential Units in the Project to obtain the average affordability.
d. Subtract (c) from 1.0.

2. Leverage of other funds.
a. Applications will be scored based on the leverage of other soft funds, meaning local public funds, including land donations or fee waivers to be used for permanent funding of the development costs attributable to the Restricted Units as a percentage of the total Project development cost. b. Land donations will be counted as leveraged funds where the value is established with a current appraisal, with the amount discounted to reflect a purchase price that is lower than the appraised value, or any fees, or other reliably predictable payments required as a condition of the donation. c. The capitalized value of Rent differentials attributable to public project-based rental or public operating subsidies, based upon TCAC underwriting standards. Standards shall include the following and shall be annually aligned with TCAC standards for these capitalized values to the extent possible: a 15-year loan term; an interest rate based upon a spread over 10-year Treasury Bill rates; a 1.15 to 1 debt service coverage ratio; and a five percent vacancy rate.

The rental income differential for subsidized Units shall be established by subtracting rental income at 40 percent AMI levels (30 percent AMI for Special Needs Project types with project-based rental assistance) from the committed contract Rent income documented by the subsidy source. In the case of a USDA rental subsidy only, the contract Rent income is the higher of 60 percent AMI rents or the committed contract USDA Basic rents. The committed contract Rent income for Units with existing project-based Section

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Packet Pg. 183 Attachment: Attachment C - Super NOFA Amendment Handout (SAHA Letter of Support) California Department of Housing and Community Development Page 45 2022 Multifamily Finance Super NOFA (Amended June 10, 2022) 8 rental subsidy shall be documented by the current monthly contract Rent in place at the time of the application or by contract Rent committed to and approved by the subsidy source (HUD); Rent from a Rent comparable study or post-Rehabilitation Rent shall not be permitted.

The Rent differential for Projects with public operating subsidies shall equal the annual subsidy amount in year one, provided the subsidy will be of a similar amount in succeeding years, or the aggregate subsidy amount of the contract divided by the number of years in the contract if the contract does not specify an annual subsidy amount.
d. Add the sum of all eligible soft funds as set forth in paragraphs (a), (b) and (c).
e. Divide (d) by total Project development cost and express as a decimal.

3. Additional Cost Containment. The “additional cost containment” category for the Tiebreaker follows the same methodology as the Cost Containment scoring category above, in Scoring Category G. This factor is calculated by dividing the Project’s eligible basis by the Project’s adjusted threshold basis limit as illustrated below:

For purposes of this subdivision, a Project's adjusted threshold basis limit shall be the Project's threshold basis limit, as if it were a 4 percent LIHTC Project, as determined pursuant to Section 10327(c)(5) of the TCAC regulations, except that the increase for deeper targeting pursuant to Section 10327(c)(5)(C) of the TCAC regulations that is multiplied by the unadjusted threshold basis limit shall be limited to 80 percent. Section 10327(c)(5) of the TCAC regulations states that for Projects financed through CDLAC, “an increase of one percent in the threshold basis limits shall be available for every 1% of the Project's LowIncome and Market Rate Units that will be income and rent restricted at or below 50 percent (50%) but above thirty-five percent (35%) of Area Median Income (AMI). An increase of two percent (2%) shall be available for every 1% of the Project's Low-Income and Market Rate Units that will be restricted at or below 35% of AMI. In addition, the Applicant must agree to maintain the affordability period of the Project for 55 years (50 years for Projects located on tribal trust land).” The Department, however, will only restrict to income levels in 5 percent increments.

Percentages shall not include any percentage points requested or awarded (up to 5 percent) pursuant to the Cost Containment point category. The maximum percentage shall be 25 percent.

Total Eligible Basis per the Development Budget
Adjusted Threshold Basis Limit
(Per CDLAC Regulation Section 5230)

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Packet Pg. 184 Attachment: Attachment C - Super NOFA Amendment Handout (SAHA Letter of Support) California Department of Housing and Community Development Page 46 2022 Multifamily Finance Super NOFA (Amended June 10, 2022) Note: Any Sponsor may be subject to future performance penalties if the Project’s total eligible basis determined upon construction completion exceeds the revised total adjusted threshold basis limits for the year the Project completes construction (or the original total eligible threshold basis limit if higher) by 40 percent.

The calculation in this paragraph (3) is multiplied by 0.75.

V. Appeals
A. Basis of Appeals

1. Upon receipt of HCD’s written notice that an application is incomplete, has failed threshold review, or has otherwise been determined to provide an insufficient basis for an award (including point scoring and tie breaker), Applicants under this Super NOFA 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 HCD relating to another Applicant’s application (e.g., eligibility, award).

3. Any request to appeal HCD’s decision regarding an application shall be reviewed for compliance with the Guidelines and this Super NOFA. All decisions rendered shall be made by the Director or his/her designee. The decision shall be final, binding, and conclusive, and shall constitute the final action of HCD.

4. The appeal process provided herein applies solely to decisions of HCD made pursuant to this Super NOFA.

B. Appeal Process and Deadlines

1. Process: To file an appeal, Applicants must submit to the Director of the Department or their designee, by the deadline set forth below, a written appeal which states all relevant facts, arguments, and evidence upon which the appeal is based. Furthermore, the Applicant must provide a detailed reference to the area or areas of the application that provide clarification and substantiation for the basis of the appeal. No new or additional information will be considered if this information would result in a competitive advantage to an Applicant. Once the written appeal is submitted to HCD, no further information of materials will be accepted or considered thereafter. Appeals are to be submitted to HCD at [email protected] according to the deadline set forth in HCD review letters.

2. Filing Deadline: Appeals must be received by HCD no later than five business days from the date of HCD’s threshold review, or initial score letters, as applicable, representing HCD’s decision made in response to the application.

C. Decision

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Packet Pg. 185 Attachment: Attachment C - Super NOFA Amendment Handout (SAHA Letter of Support) California Department of Housing and Community Development Page 47 2022 Multifamily Finance Super NOFA (Amended June 10, 2022) Any request to appeal HCD’s decision regarding an application shall be reviewed for compliance with the Guidelines and this Super NOFA. All decisions rendered shall be final, binding, and conclusive, and shall constitute the final action of HCD.

VI. Award Announcements and Contracts
A. Award Announcements
HCD will announce Program awards on the Multifamily Finance Super NOFA website.

B. Contracts
Successful Sponsors/Applicants (awardee(s)/Recipient(s)) will enter into one or more Standard Agreements with HCD. The Standard Agreement contains all the relevant state and federal requirements, as well as specific information about the award and the work to be performed.

A condition of award will be that a Standard Agreement must be executed by the awardee(s) within 90 days (Contracting Period) of HCD’s issuance of the award letter. Failure to execute the Standard Agreement(s) within the contracting period may result in award cancellation. The awardee(s) shall remain a party to the Standard Agreement for the entire term of the Standard Agreement; removal of the awardee(s) without prior HCD consent is prohibited and will result in a default.

Once a Project is awarded HCD funds, the Sponsor/Recipient is acknowledging the Project as submitted and approved is the Project that is to be funded and built. Any bifurcation would make that award null and void, as the awarded Project is no longer feasible as originally submitted and awarded funds are unable to be assumed or assigned.

VII. Other State Requirements
The Sponsor/Recipient agrees to comply with all applicable state and federal laws, rules, guidelines, and regulations that pertain to construction, health and safety, labor, fair employment practices, equal opportunity, and all other matters applicable to the Rental Housing Development, the Sponsor/Recipient, its contractors or subcontractors, and any loan or grant activity, including without limitation the following:
• MHP Guidelines Section 7314: State and Federal Laws, Rules, Guidelines and Regulations
• VHHP Guidelines Section 303: State and Federal Laws, Rules, Guidelines and Regulations
• FWHG Guidelines Section 303: State and Federal Laws, Rules, Guidelines and Regulations

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Packet Pg. 186 Attachment: Attachment C - Super NOFA Amendment Handout (SAHA Letter of Support) California Department of Housing and Community Development Page 48 2022 Multifamily Finance Super NOFA (Amended June 10, 2022) • IIG Guidelines Section 300: State and Federal Laws, Rules, Guidelines and Regulations
Where the proposed Project type presents a fair housing issue (e.g., MHP senior housing, FWHG housing), the Department reserves discretion to require a fair housing legal opinion.

A. Article XXXIV
All Projects subject to Article XXXIV shall comply with Article XXXIV, Section 1 of the California Constitution, as clarified by the Public Housing Election Implementation Law (PHEIL) (Health & Safety Code, § 37000 - 37002). Article XXXIV documentation for loans underwritten by HCD shall be subject to review and approval by HCD prior to the announcement of award recommendations.

Article XXXIV requires local voter approval before any state public body can develop, construct, or acquire a low-rent housing project in any manner. However, the PHEIL provides clarification as to when Article XXXIV is applicable. HSC section 37001, for example, lists a number of project types that are not considered “low-Rent housing projects.”
Applicants must submit documentation that shows the Project’s compliance with or exemption from Article XXXIV. If a Project is subject to Article XXXIV, the HCD requires an allocation letter from the Local Public Entity that shows that there is Article XXXIV authority for the Project. A local government official with authority should prepare the allocation letter, and it should include the following:

1. The name and date of the proposition and the number of Units that were approved,

2. A copy of the referendum and a certified vote tally,

3. The number of Units that remain in the Local Public Entity’s “bank” of Article XXXIV authority (i.e., the number of Units that are still available for allocation); and

4. The number of Units that the Local Public Entity will commit to this Project, including the Manager’s Unit.

If a Project is statutorily exempt from Article XXXIV, then HCD requires an Article XXXIV opinion letter from the Applicant’s legal counsel. The Article XXXIV opinion letter must demonstrate that the Applicant has considered both the legal requirements of Article XXXIV and the relevant facts of the Project (e.g., all funding provided by public bodies, including state, county, or city sources; the number of Low-Income restricted Units; and the general content of any regulatory restrictions).

Any conclusion that a Project is exempt from Article XXXIV must be supported by facts and a specific legal theory for exemption that itself is supported by the Constitution, statute, and/or case law.

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Packet Pg. 187 Attachment: Attachment C - Super NOFA Amendment Handout (SAHA Letter of Support) California Department of Housing and Community Development Page 49 2022 Multifamily Finance Super NOFA (Amended June 10, 2022) B. California’s Preservation Notice Law
All Applicants, Sponsors, co-Sponsors, owners, and special purpose entities must, at all times, comply with, and not be in violation of, California’s Preservation Notice Law (Gov. Code, §§ 65863.10, 65863.11, 65863.13).

C. Relocation
The Sponsor/Recipient of a Project resulting in displacement of persons, businesses, or farm operations shall be solely responsible for providing the assistance and benefits set forth in the Designated Program Guidelines section indicated below, and in applicable state and federal law, and shall agree to indemnify and hold harmless HCD from anyliabilities or claims for relocation-related costs.
• MHP Guideline Section 7315: Relocation Requirements
• VHHP Guideline Section 304: Relocation Requirements
• FWHG Guidelines Section 304: Relocation Requirements
• IIG Guidelines Section 301: Relocation Requirements
VIII. Other Terms and Conditions
A. Right to Modify or Suspend
HCD reserves the right, at is sole discretion, to suspend, amend, or modify the provisions of this Super NOFA at any time, including without limitation, the amount of funds available hereunder. If such an action occurs, HCD will notify all interested parties via HCD’s email list and will post the revisions to the IIG website. Please be sure and subscribe to HCD’s email list.

B. Conflicts
It is the duty and responsibility of the Applicant and Sponsor to review any funding source they obtain for a Project to ensure each of the requirements for those funding sources are compatible with HCD program requirements
In the event of any conflict between the terms of this Super NOFA and Guidelines and either applicable state or federal law or applicable regulation, the terms of the applicable state or federal law or applicable regulation shall control. Applicants are deemed to have fully read and understand all applicable state and federal laws, regulations, and guidelines pertaining to the relevant program, and understand and agree that HCD shall not be responsible for any errors or omissions in the preparation of this Super NOFA.

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Packet Pg. 188 Attachment: Attachment C - Super NOFA Amendment Handout (SAHA Letter of Support) RESOLUTION NO. 8-22

A RESOLUTION OF THE CITY COUNCIL, CITY OF PLEASANT HILL, APPROVING A

DEVELOPMENT PLAN PERMIT, USE PERMIT, MINOR SUBDIVISION & ARCHITECTURAL REVIEW PERMIT ( PLN 21-0294) FOR THE 490 GOLF CLUB ROAD PROJECT AT 490 GOLF CLUB ROAD
WHEREAS, the applicant, Choice in Aging, Choice in Learning and Satellite Affordable Housing Association, submitted a Development Plan Permit, Use Permit, Minor Subdivision and Architectural Review Permit application (PLN 21-0294) for a new adult day care facility, new preschool facility and new 82-unit affordable senior housing facility at 490 Golf Club Road APN 153- 030-004 (“the Project”); and
WHEREAS, Use Permit PLN 21-0294 proposes to expand an existing adult day care facility, and expand an existing Montessori pre- school facility ( general day care use), on the singleparcel, four-acre project site; to include demolition of the two existing facilities and development of two new larger facilities; and
WHEREAS, Minor Subdivision PLN 21-0294 ( Tentative Tract Map) proposes to subdivide the four-acre project site into three legal parcels; and WHEREAS, Development Plan Permit and Architectural Review Permit PLN 21-0294 proposes demolition of an existing one- story adult day care and existing one- story pre- school building, and proposes development of three new facilities ( adult day care, pre-school and affordable senior housing) and associated site improvements to include 127 parking spaces, private roads, landscape areas and tree removals; and
WHEREAS, in accordance with the California Environmental Quality Act ( Public Resources Code §§ 21000, et seq., as further governed by the Guidelines to the California Environmental Quality Act, 14 California Code of Regulations §§ 15000, et seq., collectively, CEQA), a Draft Initial Study/ Mitigated Negative Declaration ( IS/MND) and a Mitigation Monitoring and Reporting Program (MMRP) was approved on January 25, 2021, with the adoption of City Council Resolution No. 8-21; and
WHEREAS, after notice thereof having been duly, regularly and lawfully given, a public hearing was held by the Architectural Review Commission on November 18, 2021, regarding the proposed Architectural Review Permit at which time all interested parties were invited to provide comments on the proposal; and
WHEREAS, on November 18, 2021, the Architectural Review Commission reviewed the proposed Architectural Review Permit; and received public comment, on Architectural Review Permit application no. PLN 21-0294; and
WHEREAS, the Architectural Review Commission of the City of Pleasant Hill, in accordance with Section 18.30.060(A) of the PHMC, adopted Architectural Review Commission Resolution No. 3-21 to recommend approval of the Architectural Review Permit PLN 21-0294 to the Planning Commission and City Council based upon specific findings cited in the resolution; and

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Packet Pg. 189 Attachment: Attachment D - City Council Resolution No. 8-22 (SAHA Letter of Support) 490 Golf Club Road – PLN 21-0294

WHEREAS, after notice thereof having been duly, regularly and lawfully given, a public hearing was held by the Planning Commission on December 14, 2021, regarding the proposed Minor Subdivision, Use Permit, Development Plan Permit and Architectural Review Permit at which time all interested parties were invited to provide comments on the proposal; and WHEREAS, on December 14, 2021, the Planning Commission adopted Resolution No. 22-21 recommending the City Council’ s approval of the four associated entitlements in accordance with the findings and conditions of approval contained in Planning Commission Resolution No. 22-21; and
WHEREAS, after notice thereof having been duly, regularly and lawfully given, a public hearing was held by the City Council on January 24, 2022, regarding the proposed Minor Subdivision, Use Permit, Development Plan Permit and Architectural Review Permit at which time all interested parties were invited to provide comments on the proposal; and WHEREAS, on January 24, 2022, the City Council adopted Resolution No. 8-22 to approve each of the four associated entitlements in accordance with the findings and conditions of approval contained in City Council Resolution No. 8-22; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pleasant Hill, in accordance with Chapter 18.90 of the PHMC, approves Development Plan Permit PLN 21-0294 based upon the following findings and conditions of approval contained in Attachment B of the CC Staff Report:

Development Plan Permit Findings

1. The proposed development will not be detrimental to the health, safety, and general welfare of persons residing or working in the vicinity of the proposed development.

The project provides parking that is compliant with the approved PUD Concept Plan/ Specific Plan that was adopted by the City. Extended setbacks ( in addition to existing and new trees) will provide buffering/ screening from adjacent residential uses.

Furthermore, the proposed general day care use, adult day care use and multi -family residential use would be a low noise generator. Lastly, the associated traffic studies ( and environmental analysis in the IS/MND) indicate that there will be no significant impact on traffic volumes due to the proposed project.

2. The proposed development will not be injurious or detrimental to adjacent properties or to property in the neighborhood or the City.

The proposal will result in a high-quality architectural design with landscaping improvements, at a location that is appropriate for a multi- family residential development, and for two new/ expanded facilities that have operated on the project site for several years.

The 44 existing trees proposed to remain, in addition to the planting of 148 new trees, will

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Packet Pg. 190 Attachment: Attachment D - City Council Resolution No. 8-22 (SAHA Letter of Support) 490 Golf Club Road – PLN 21-0294

provide an adequate buffer for adjacent residential uses and public school use. In addition, the ARC recommended approval of the project citing the proposed tree screening. In accordance with the project’ s adopted Initial Study/ Mitigated Negative Declaration, the project will generate a total of 666 daily trips in the area, which is a less than significant amount given the available capacity of the surrounding roadways.

3. The proposed development is consistent with the policies and goals established by the General Plan.

There are various General Plan goals, policies and programs applicable City-wide that are applicable in connection with the project:

Community Development Goal 2. Maintain the historic balance among different types and intensities of residential development, commercial retail, office uses, and open space.

Community Development Policy 2A. Encourage uses needed by the community at appropriate locations.

The proposed project would result in a residential development with a higher intensity i.e. density) than other residential development in the immediate surrounding area.

However, additional housing is needed throughout the region, as well as within the City, thus, adding residential units, including affordable senior dwelling units, is needed. The City has determined that the proposed density, amount and even distribution of usable open space, appropriate mass/scale/bulk of buildings, excessive building setbacks, adequate tree screening along all property lines and adequate amount of parking associated with the proposal would result in a project that is compatible with adjacent residential and public institution uses.

The additional two proposed land uses ( adult day care facility and general day care facility) are appropriate for the project site as it is located in an area surrounded by residential and public school uses. To further reinforce the location as appropriate for the two uses, both have been operating and providing a much needed service for the community for several years at this current location. Thus, the project will continue to allow these two needed uses to operate and serve the community, in newer and larger facilities resulting in an improved experience for participants, visitors and employees associated with these two service-oriented facilities.

Community Development Goal 3. Generate thriving, attractive and cohesive development at vacant or underutilized sites.

The site consists of an underutilized one- story, multi- use building developed approximately 60 years ago. The proposed project would rejuvenate the site with a new residential development, and new and expanded adult care and pre- school facilities, in addition to a possible futuristic new medical clinic and assisted living facility. Thus, the proposed project would improve the appearance of the site through site improvements, and by enhancing the site as viewed from the heavily traveled Contra

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Packet Pg. 191 Attachment: Attachment D - City Council Resolution No. 8-22 (SAHA Letter of Support) 490 Golf Club Road – PLN 21-0294

Costa canal corridor. In addition, the Planning Commission recommended, and the City Council agreed, that the proposed density, amount and even distribution of usable open space, location of three-story and four-story buildings, appropriate mass/scale/bulk of buildings, excessive building setbacks, adequate tree screening along all property lines and adequate amount of parking associated with the proposal would ensure compatibility with adjacent residential public institution uses. As a result, as proposed, the project would be an attractive and cohesive development in association with adjacent land uses. Lastly, the ARC also agreed that the project would generally be cohesive with the existing, surrounding residential development.

Community Development Policy 15A. Provide opportunities for seniors to obtain adequate care, housing, and support services, including by upgrading and expanding existing facilities and constructing new ones.

The proposed senior housing component will add much needed affordable senior specific housing supply to the City, and the proposed new/ expanded adult day care facility will continue to offer a much-needed service for the community by providing an opportunity for elderly individuals to engage in various activities and experiences, to include inter-action with the adjacent pre-school occupants.

Community Development Goal 24. Place utility lines underground.

Community Development Policy 24A. Achieve undergrounding of utilities when and where feasible.

The project does not propose any new above ground utilities. In addition, no existing above ground utilities will need to be undergrounded as part of the project, primarily due to the project site’ s distanced location from the nearest public right- of-way.

Growth Management Goal 1.3. Ensure development is within the City of Pleasant Hill Urban Limit Line.

The project site is located in the north-central portion of the city, and thus well within the city’ s Urban Limit Line.

Growth Management Goal 2. Approve new development only after finding that the adopted performance standards are met.

The project can be accommodated by existing services, with acceptable impact levels, to include: water supply, sewage disposal, school districts, parks and open space, fire protection, police and storm drainage.

Growth Management Policy 2B. Require that new development pay its share of costs associated with the overall growth in the region.

Growth Management Policy 2C. Require that all development projects comply with the City’s performance standards for fire, police, parks, water, flood control, sanitary sewer, and transportation facilities.

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Packet Pg. 192 Attachment: Attachment D - City Council Resolution No. 8-22 (SAHA Letter of Support) 490 Golf Club Road – PLN 21-0294

The project can be accommodated by existing services, with acceptable impact levels, to include: water supply, sewage disposal, school districts, parks and open space, fire protection, police and storm drainage. In addition, the project is required to pay its share of costs including traffic mitigation fees, park fees, school fees, sewer, water, and drainage fees.

Housing Goal 1. Maintain a housing supply sufficient to meet the housing needs of all Pleasant Hill residents.

The proposed project is providing additional housing opportunities to senior-aged residents of Pleasant Hill, including deed- restricted, low-income level senior dwelling units.

Housing Goal 2. Promote diversity in tenure, type, size, location and price to permit a choice of housing for persons of all economic levels.

This project is proposing 81 affordable senior housing units restricted to a low-income level, which is serving a different resident than would a market-rate residential project.

Housing Goal 3. Increase housing opportunities for people of limited incomes.

Housing Policy 3A. Facilitate construction of affordable housing by favoring new projects that include units for lower- income segments of the community.

The proposed project is providing additional affordable housing opportunities, by constructing 81 affordable senior dwelling units, to comply with the City’s Inclusionary Housing ordinance. In addition, the 81 dwelling units will be deed restricted at a low income level.

4. The proposed development is architecturally compatible with other development in the vicinity, both inside and outside the district.

The project provides site improvements, site design, architecture (including appropriate scale and massing of the three structures), and exterior materials/colors, which make it comparable or surpassing in quality to surrounding uses in the area and the City. In addition, the siting and design of the four-story structure and associated site improvements proposed density and landscape screening) were recommended for approval by the Architectural Review Commission on November 18, 2021 as associated with the Architectural Review Permit.

NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Pleasant Hill, in accordance with Chapter 18.95 of the PHMC, approves Use Permit PLN 21-0294 based upon the following findings and conditions of approval contained in Attachment B of the CC Staff Report:

Use Permit Findings

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Packet Pg. 193 Attachment: Attachment D - City Council Resolution No. 8-22 (SAHA Letter of Support) 490 Golf Club Road – PLN 21-0294

1. The proposed use will not be detrimental to the health, safety and general welfare of persons residing or working in the neighborhood of the proposed use.

The two proposed land uses ( adult day care facility and general day care facility) are appropriate for the project site and compatible with the adjacent residential and school uses because: (1) the two proposed uses have been operating on the site for several years without generating complaints from adjacent uses, ( 2) each proposed use provides a much needed service to the community by providing day care for elderly individuals and for children ages 2-6), and ( 3) the proposed uses could be allowed in the two adjacent zoning districts Multi-Family Residential and Single Family Residential).

In addition, the project site will provide adequate parking for the expected demand of the two uses ( as analyzed and determined with the previous adoption of the PUD Concept Plan/Specific Plan). Furthermore, the Use Permit is conditioned to limit the number of participants and employees, so that the parking demand would not increase over time.

Lastly, the two land uses have operated on the project site for several years without generating complaints related to noise, parking, etc. Therefore, since the only significant increase to the two facilities would be the number of stories (CiA only) and gross floor area CiL only) of the physical facilities ( as opposed to an expansion in occupancy capacity and/or operating hours) the uses are not anticipated to generate an increase in parking, noise or result in other potential negative impacts to adjacent residential sites.

2. The proposed use will not be injurious or detrimental to adjacent properties or to property in the neighborhood or to the general welfare of the city.

The two proposed land uses ( adult day care facility and general day care facility) are appropriate for the project site and adjacent residential and public school uses because: ( 1) the two proposed uses have been operating on the site for several years without generating complaints from adjacent uses, ( 2) each proposed use provides a much needed service to the community by providing day care for elderly individuals and for children (ages 2-6), and ( 3) the proposed uses could be allowed in the two adjacent zoning districts ( MultiFamily Residential and Single Family Residential).

In addition, the project site will provide adequate parking for the expected demand of two uses ( as analyzed and determined with the previous adoption of the PUD Concept Plan/Specific Plan). Furthermore, the Use Permit is conditioned to limit the number of participants and employees, so that the parking demand would not increase over time.

Lastly, the two land uses have operated on the project site for several years without generating complaints related to noise, parking, etc. Therefore, since the only significant increase to the two facilities would be the number of stories (CiA only) and gross floor area CiL only) of the physical facilities ( as opposed to an expansion in occupancy capacity and/or operating hours) the uses are not anticipated to generate an increase in parking, noise or result in other potential negative impacts to adjacent residential sites.

3. The proposed use is consistent with the policies and goals established by the General Plan.

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Packet Pg. 194 Attachment: Attachment D - City Council Resolution No. 8-22 (SAHA Letter of Support) 490 Golf Club Road – PLN 21-0294

The project is consistent with the General Plan goals/ programs/ policies cited in Attachment B (City Council Resolution: see Development Plan Permit Finding no. 3).

NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Pleasant Hill, in accordance with Chapter 17.25 of the PHMC, approves Minor Subdivision Tentative Tract Map) PLN 21-0294 based upon the following findings:

Minor Subdivision Findings

1. The proposed map is consistent with the general plan or any applicable specific plan, or other applicable provisions of this code.

The proposed map satisfies the requirements and conditions imposed by the Subdivision Map Act and the City of Pleasant Hill Subdivision Ordinance because the procedural requirements of the Map Act are being followed. Also, the proposed subdivision is consistent with the General Plan because the proposed development conforms to the requirements of Multi- Family Very High Density General Plan land use designation for the site. No portion of the project site is located in a specific plan zoning district and the project is consistent with the approved PUD zoning district and approved PUD Concept/ Specific Plan.

The project is consistent with the General Plan goals/programs/policies cited in Attachment B (City Council Resolution: see Development Plan Permit Finding no. 3). Furthermore, the proposed project is consistent with the applicable Citywide Design Guidelines that should be considered in connection with the applicant’ s request, as noted in Attachment B City Council Resolution: see Architectural Review Permit Finding no. 5).

2. The site is physically suitable for the type of development.

The physical characteristics of the project site are suitable for the intended land use because the proposal will result in an affordable senior multi- family residential infill project with uses that are similar to those surrounding the site. In addition, all public services are available and there are no physical constraints. Project development will be centrally concentrated onsite and will result in a minimized grading plan. Lastly, the site is adjacent to residential uses along approximately 65% of the site’ s border, and along approximately 35% of the site’ s border is the DVC overflow parking facility, both of which are compatible uses with that of the proposed land uses and which is common practice citywide.

3. The site is physically suitable for the proposed density of development.

The site is physically suitable for the proposed density ( 73 units per net acre on proposed Parcel C) of the development because it would be consistent with the recently approved General Plan designation ( Multi-Family Very High Density) and recently approved PUD Planned Unit Development – Specific Plan zoning district for the site. More specifically, the proposed density ( 73 units per net acre based on 1.12 net acres) is compliant with the 41-73 units per net acre allowed by the recently approved Multi-Family Very High-Density General Plan Amendment. In addition, the proposed density can be approved due to: ( 1)

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Packet Pg. 195 Attachment: Attachment D - City Council Resolution No. 8-22 (SAHA Letter of Support) 490 Golf Club Road – PLN 21-0294

sufficient setbacks, (2) appropriate siting of the three & four-story residential structure, and 3) increased tree screening.

4. The design of the subdivision or the proposed improvements is likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife to their habitat.

The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat because the project site does not contain any identifiable natural open space or riparian habitat. In addition, there are no natural waterways on the property, thus, further minimizing impacts to fish and wildlife. The drainage is designed/ required to be contained on the property, where multiple retention basins are designed to collect the majority of the drainage waters. The on- site retention basins will collect the drainage waters to ensure that 100% are collected on-site. An Initial Study/Mitigated Negative Declaration was adopted and concluded with mitigation, so that no significant environmental impacts will result from the project.

5. The design of the subdivision or the type of improvements is not likely to cause serious public health problems.

The design of the subdivision and the type of improvements are not likely to cause serious public health problems, because the review process of the subdivision has taken those concerns into consideration and has found the proposal in conformance with the City of Pleasant Hill and other Local, State and Federal rules, policies and procedures. The project will be served by public sewer and water. In addition, public health issues are addressed in the adopted Initial Study/Mitigated Negative Declaration and project’ s associated improvements are not found to pose a public health problem.

6. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision.

Acquisition of any new easements, if applicable, will be required prior to the acceptance of the Final Map for this project.

7. The land is not subject to a contract entered into pursuant to the California Land Conservation Act of 1965 and the resulting parcels following a subdivision of the land would not be too small to sustain their agricultural use.

The land is not subject to a contract entered into pursuant to the California Land Conservation Act of 1965.

NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Pleasant Hill, in accordance with Chapter 18.115 of the PHMC, approves Architectural Review Permit PLN 21-0294 based upon the following findings:

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Packet Pg. 196 Attachment: Attachment D - City Council Resolution No. 8-22 (SAHA Letter of Support) 490 Golf Club Road – PLN 21-0294

Architectural Review Permit & Consistency with Planned Unit Development Concept/ Specific Plan Findings
i. Ensure excellence of architectural design;
The surrounding neighborhood consists of multi- family and single family residential structures, in addition to a surface parking facility associated with Diablo Valley Junior College, the Contra Costa Country Club golf course and the Contra Costa Canal trail. Thus, the proposed project is appropriate for the area as there are other existing structures with multiple building stories ( such as the proposed three- story and four-story facilities and the existing two-story residential buildings) in this immediate neighborhood. To further minimize the effects of development within the PUD on nearby residential uses, the Concept Specific Plan notes that the building height/ stories would provide excessive setbacks from the nearest residences ( to the west, north and to the east). Therefore, the proposed three-story and four-story buildings will not impact ( i.e. privacy, shadowing, obstruction of views, etc.) the adjacent right-of-way and/or adjacent residential uses. Lastly, the PUD Concept/ Specific Plan allows a maximum building height of approximately 45 feet; and through the design review process the PUD Concept/Specific Plan, and the ARC has confirmed that the height, scale and mass of the development is compatible to surrounding properties as the project incorporates structures that has articulated and varied elevations. The buildings have architectural features that provide visual identification to the main entrance. In addition, the buildings use various building materials, and colors, that complement each other and are of high quality and long lasting materials.
ii. Ensure that siting and architectural design of structures, including their materials and colors, are visually harmonious with surrounding development and with the natural landforms and vegetation of the areas in which they are proposed to be located;
The majority of the site is relatively flat with the exception of the northeast portion of the site which is sloped; however, to be harmonious with surrounding development all of the associated structures will be constructed on a relatively flat portion of the site with the exception of a portion of the 82-unit senior housing facility and a vehicular driveway which would displace a majority of the northeast sloped area.

The site plan is designed to accommodate a safe vehicular circulation pattern and provides off-street parking, including siting building away from adjacent uses with substantial setbacks.

Of the 212 existing trees located within the four acre project site 168 trees are proposed to be removed. As a result, there would be retention of 44 existing trees along with the addition of 148 new trees to provide screening from most adjacent perspectives. Furthermore, consistent with the PUD Concept/ Specific Plan, the project incorporates a color palette that includes a variety of colors that will assist to break- up the mass and scale of the three and four- story structures in addition to providing visual interest. No proposed design/material/color elements will be inconsistent with surrounding development as there is a variet y of development

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Packet Pg. 197 Attachment: Attachment D - City Council Resolution No. 8-22 (SAHA Letter of Support) 490 Golf Club Road – PLN 21-0294

surrounding the project site; which include single family residential, multi-family residential and educational buildings associated with Diablo Valley College that exhibit a variety of architectural styles, materials and colors. iii. Ensure that plans for the landscaping of open spaces conform with the requirements of Section 18.115.010.B and that they provide visually pleasing settings for structures on the site and on adjoining and nearby sites, and blend harmoniously with the natural landscape; and
The proposed landscape plan will complement the new buildings, while providing visual buffering of the buildings from nearby views. The plant palette is complementary and consistent with the remainder of the neighborhood through the use of deciduous and evergreen trees; and incorporated drought-tolerant species. As the surrounding area is built- out and dominated by an urban landscape, the project will continue this type of landscape treatment and be compatible to the surrounding area. Lastly, the proposed landscape plan provides a plant palette consisting of 148 new trees (26 of which consist of 24 Coast Live Oak trees and two Valley Oak trees) to complement the existing landscape and provide screening along the site’ s perimeters. The proposed landscape plan including new common landscape areas, provide water retention basins, incorporates large size specimen plantings to include both deciduous and perennial tree species, and enhances an elongated vehicular access easement that connects the four acre project site to the north side of the Golf Club Road public right-of-way.

In addition, the landscaping is consistent with the PUD Concept/Specific Plan as it is the unifying element for the different uses of the project, providing gathering spaces and connectivity, including outdoor spaces for children and adults, including seating areas, walking paths and spaces for vegetable and therapy gardens. The proposed landscaping plan also provides a pleasing design connection to the proposed building architecture of the project. Lastly, the landscape plan is in substantial compliance with CityWide Design Guidelines. This ensures that the project includes landscaping that is compatible and complementary to the site and neighborhood and will further soften the appearance of development from nearby views. Lastly, the project is compliant with the required private landscape standards. iv. Prevent excessive and unsightly grading of hillsides, and preserve natural landforms and existing vegetation.

The project is proposing to preserve the sloped area located in the northeast corner of the four acre project site, to the greatest extent possible, as common open space in addition to some enhancement consisting of new plantings. The remainder of the project site is relatively flat. Of the 212 existing trees, 168 trees are proposed to be removed, primarily because they would be displaced by proposed structures and/or hardscape areas. However, the applicant is proposing to plant 148 new trees, in addition to retaining 44 existing trees, for a total of 192 trees. v. Ensure substantial conformance with applicable design guidelines to achieve a quality, well- designed project that enhances the neighborhood.

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Packet Pg. 198 Attachment: Attachment D - City Council Resolution No. 8-22 (SAHA Letter of Support) 490 Golf Club Road – PLN 21-0294

The project is consistent with the following Residential Design Guidelines ( DG):

DG.I.A.1.a – The arrangement of structures, parking and circulation areas, and open spaces should recognize the particular characteristics of the site and should relate to the surrounding built environment in pattern, function, scale, character and materials.

The centralized siting of the structures, the siting of the loop driveway adjacent to the site’ s perimeters, and the centralized siting of common open space is consistent with the surrounding residential development in pattern, function, scale, character and materials.

DG.I.A.2.a – The scale and mass of the new development should be consistent with neighboring developments without overwhelming through disproportionate size or design that is out of character. The proposed architecture provides a variety of colors and materials, on multiple facades, to break-up the bulk, mass and scale of the various buildings. As a result, the design of the buildings would be consistent with neighboring developments and therefore not present overwhelming size or design that is out of character with adjacent structures.

DG.II.B.1.a – Setback patterns within the immediate vicinity should be maintained.

The proposed setbacks are similar, and in most cases, greater than those in the immediate vicinity.

DG.II.B.1.h – New buildings should be sensitive to existing structures and minimize obstruction of existing outward views where possible. The new structures are proposed to be centralized on the site, to the greatest extent possible, and provide excessive setbacks to minimize the obstruction of existing outward views.

DG.II.B.2.a – Building should be articulated to help minimize the appearance of bulk and provide a more pedestrian scale. The proposed architecture provides a variety of colors and materials to break-up the bulk, mass and scale of the various buildings to include the three and four- story senior housing facility.

DG.II.B.2.b – Overall height of new structures should be in scale with other buildings in the neighborhood. The proposed one, two and three-story structures are consistent with existing one, two and three- story structures on adjacent sites. In addition, the four-story portion of the proposed senior housing facility would be located adjacent to the DVC parking facility ( to the south) and would provide a minimum 47-foot setback to the nearest residential site (to the east).

DG.II.B.2.c – Appropriate buffers and transitions should be used when locating multi- story buildings adjacent to single- story buildings. The proposed multi- story building ( 3 and 4-story senior housing facility) would have a minimum 40-foot setback from the residential sites to the north and a minimum 47-foot setback from the residential sites to the east.

DG.II.B.3.b – Designs should be visually appealing and include varied facades and pleasing exterior elevations. The proposed architecture provides a variety of colors

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Packet Pg. 199 Attachment: Attachment D - City Council Resolution No. 8-22 (SAHA Letter of Support) 490 Golf Club Road – PLN 21-0294

and materials, on multiple facades, to break-up the bulk, mass and scale of the various buildings. As a result, the design of the buildings would be visually appealing.

DG.II.B.11.a - Parking areas should be well- designed and safe, located away from public views. Of the proposed 127 parking spaces, 94 spaces would be distributed fairly evenly within the 4-acre project site and therefore are located away from public views. The additional 33 spaces are provided within the vehicular access easement connecting the project site to Golf Club Road. However, the parking spaces will be designed and located in accordance with city standards, with the exception of the proposed 8-foot wide parallel parking spaces, which are required to provide a minimum 9-foot width.

DG.II.A.10.d - Drainage patterns shall be preserved or improved to the greatest extent possible. The proposed drainage pattern for the project would remain relatively similar to existing conditions. In addition, the City has a no-net run off requirement for all projects. Lastly, the drainage plan indicates bio-retention areas to collect runoff on-site.

Architectural Review Commission Scope of Review
In approving an Architectural Review Permit, the Architectural Review Commission shall review the site plan and physical design of a project; the sign designs and locations; and lighting. In its review, the Architectural Review Commission considered the following factors:

A. Excellence of design: The ARC has reviewed the proposed project and has determined that it is in substantial compliance with City-Wide Design Guidelines and the approved PUD Concept/Specific Plan (as noted in the section above).

B. Height, bulk and coverage of buildings: The proposed project number of stories and for building height is consistent with the approved PUD Concept/Specific Plan that allows the three-story assisted living facility and the four-story multi-family affordable senior housing facility. In addition, there are other projects throughout the City with this number of stories that were also approved through the PUD process. To minimize the height and bulk of the project, the applicant has incorporated project features to be sensitive to surrounding uses, such as providing excessive setbacks (39-75 feet) from adjacent uses, providing increased landscaping on all perimeter areas and has also incorporated architectural features to reduce the mass and scale of the building design.

C. Colors, building materials, and types of building and installations: The Commission reviewed the proposed colors, building materials and types of buildings and with this approval noted consistency with City-Wide Design Guidelines and the approved PUD Concept/Specific Plan.

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Packet Pg. 200 Attachment: Attachment D - City Council Resolution No. 8-22 (SAHA Letter of Support) 490 Golf Club Road – PLN 21-0294

D. Physical and architectural relation with existing and proposed structures in the area and to the site’ s location within the City: The proposed project’ s architecture has been reviewed by the ARC for consistency with City-Wide Design Guidelines and the approved PUD Concept/ Specific Plan. In addition, the architecture of the proposed buildings are an improvement of the existing development on the property and other older surrounding development.

E. Site layout, orientation and location of buildings, and relationship with property boundaries and open areas: The project includes commercial and residential structures located away from adjacent properties to provide as much privacy and air and light access as possible. The remaining portions of the site is developed with private access easements/ circulation routes and landscaping ( private and common open space areas), with increased landscaping along all perimeters of the property to provide buffering.

F. Height, materials, colors and variations in boundary walls, fences, or screen planting:

The ARC reviewed and approved the proposed fences, walls and screening methods for the project, to be consistent with City-Wide Design Guidelines and the approved PUD Concept/ Specific Plan.

G. Location and type of landscaping, including but not limited to setback areas and offstreet parking areas: The ARC reviewed and approved the proposed landscaping consistent with zoning provisions, the PUD Concept/ Specific Plan and City-Wide Design Guidelines.

H. Appropriateness of sign design and exterior lighting standards and devices and other building graphics, pursuant to criteria established in PHMC § 18.60.050 and the sign design guidelines adopted under PHMC § 18.60.090: Currently, the applicant is not proposing signage for the property. If applicable in the future, submittal of signage would be reviewed by the ARC to verify consistency with ordinance, PUD Concept/ Specific Plan and City-Wide Sign Design Guidelines provisions.

I. The extent of grading and its relationship to topography, as related to visual impacts:

The ARC reviewed the proposed grading for the project. As proposed the grading and topography is minimally modified from the existing condition and has been reviewed to ensure that drainage is not negatively affected.

CEQA Finding
An Initial Study and draft Mitigated Negative Declaration were previously prepared and certified by the City for the project pursuant to Section 15070 of the Guidelines for the Implementation of the California Environmental Quality Act (CEQA). The Initial Study and the certified Mitigated Negative Declaration prepared for the project are available for public review at the City of Pleasant Hill Planning Division. None of the circumstances noted in CEQA Guidelines Sections 15162 or 15163 that would require preparation of a new or updated environmental document are determined to be applicable to the project.

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Packet Pg. 201 Attachment: Attachment D - City Council Resolution No. 8-22 (SAHA Letter of Support) 490 Golf Club Road – PLN 21-0294

ADOPTED by the City Council of the City of Pleasant Hill, on the 24th day of January, 2022, by the following vote:

AYES: Carlson, Flaherty, Noack, Rinn, Harris
NOES: None
ABSENT: None
ABSTAIN: None
MICHAEL G. HARRIS, OD Mayor
ATTEST:

DANIELLE K. HABR, City Clerk

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Packet Pg. 202 Attachment: Attachment D - City Council Resolution No. 8-22 (SAHA Letter of Support) Exhibit A

CITY COUNCIL

ARCHITECTURAL REVIEW PERMIT, DEVELOPMENT PLAN PERMIT,
USE PERMIT AND MINOR SUBDIVISION ( PLN 21-0294)

PLANNING COMMISSION

RECOMMENDED CONDITIONS OF APPROVAL
Project: 490 Golf Club Road Project
Application Number: PLN 21-0294
Location: 490 Golf Club Road
Recommendation Date: December 14, 2021
The following conditions are recommended for approval, by the Pleasant Hill Planning Commission, to the City Council. The decision of the City Council is final, as a result, there is no appeal period related to this action.

Project Conditions of Approval

1. Project Approval - Approval is based on and shall be in accord with information contained in the project file, and Tentative Parcel Map PLN 21-0294 prepared by Milani & Associates, and dated “Approved January 24, 2022, except as it may be modified by these conditions. In summary, the project includes a subdivision of the four-acre single-parcel site into three legal parcels, and demolish/re-construct the scope of the project in phases. The site improvements include: ( 1) expansion of the existing Choice in Aging (adult day care facility) and Choice in Learning (Montessori pre-school facility – day care, general) uses on the site, (2) construction of a new 82-unit (4-story) affordable senior housing project that would have a resulting proposed density of approximately 73 dwelling units per net acre, (3) a 127-space surface parking facility to serve all three facilities, and (4) new landscape and open space areas.

Minor Subdivision Conditions of Approval

1. Map Recordation - The applicant shall obtain Final Map approval from the City Council and record the approved Final Map at the Contra Costa County Recorder’ s office prior to the issuance of a building permit.

2. Expiration of Tract Map - In accordance with Section 66463.5 of the Subdivision Map Act, this Tentative Parcel Map shall expire 24 months after this approval date, unless a time extension is approved by the Planning Commission or City Council, or as otherwise provided by any extensions provided for under applicable law.

3. Affordable Housing – As proposed by the applicant, 81 affordable housing units, no greater than the low income level, shall be deed restricted for the project.

4. Federal, State and Local laws - Development of the Project shall be in compliance with all applicable federal, state, and local laws. The issuance of this Major Subdivision shall not

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Packet Pg. 203 Attachment: Attachment D - City Council Resolution No. 8-22 (SAHA Letter of Support) 490 Golf Club Road (PLN 21-0294)
Conditions of Approval

constitute a waiver of the requirements of any federal, state or local law, including the requirements of the California Building Standards Code.

5. Compliance with Conditions of Approval - At least 45 days prior to filing the Tentative Tract Map or issuance of a grading permit, whichever occurs first, the applicant shall provide detailed responses to address compliance with each applicable condition of approval for the review and approval by the Public Works and Community Development Department.

6. Environmental Mitigation Measures - The applicant shall incorporate and comply with all of the adopted/required mitigation measures, into the revised plans and/or applicable documents, and provide full compliance with the mitigation monitoring and reporting program (as cited in Attachment O of City Council staff report dated January 24, 2022)

7. Outside Agencies - The Project shall be developed in compliance with all standards of any applicable outside agencies such as the Contra Costa County Fire Protection District, Contra Costa County Health Department, Contra Costa County Flood Control District, Contra Costa Water District, Contra Costa Central Sanitary District, etc.

8. Indemnification - The owner/ applicant shall defend, ( with counsel acceptable to the City) at its sole cost and expense, indemnify, protect, release and hold harmless the City of Pleasant Hill and any agency or instrumentality thereof, including any of its agents, commissions, boards, officers, and employees (“ indemnitees”) from any and all claims, actions, or proceedings arising out of or in any way related to the processing and/ or approval of this Project and any environmental determination that accompanies it. This indemnification shall include, but not be limited to, suits, damages, judgments, costs, expenses, liens, levies, attorney fees or expert witness fees that may be asserted or incurred by any person or entity, including the applicant, third parties, and the indemnitees, arising out of or in connection with the processing and/or approval of this Project, except to the extent attributable to the sole negligence or willful misconduct of indemnitees.

9. Compliance with Project Conditions of Approval - In the event that any of the aforementioned conditions are not satisfied the Major Subdivision becomes null and void.

10. Project Modifications - Any major changes to the project description or to any other project conditions shall require an amendment to the applicable permit(s); in accordance with applicable laws, which may include the Minor Subdivision. Any major changes shall require review and approval by the decision-body that gave final approval to the original permit(s).

Any minor changes shall require an application request from the operator/ applicant for review and approval by the Zoning Administrator. The Zoning Administrator will determine if a change is considered major or minor. If any changes are within substantial conformance of the originally approved permit(s), they will be considered minor.

11. Annotated Conditions of Approval - Prior to issuance of a Final Map, the developer shall submit to the Zoning Administrator and City Engineer an annotated list of these conditions demonstrating proof of compliance.

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Packet Pg. 204 Attachment: Attachment D - City Council Resolution No. 8-22 (SAHA Letter of Support) 490 Golf Club Road (PLN 21-0294)
Conditions of Approval

12. Compliance with Project Conditions of Approval - In the event that any of the aforementioned conditions are not satisfied the Minor Subdivision and Architectural Review Permit approval becomes null and void.

Development Plan Permit (DP) Conditions of Approval

1. Project Description – Approval is based on, and shall be in accord with, information contained in the project file with plans and application stamped “ Approved – January 24, 2022” This approval is for a Development Plan Permit (PLN 21-0294) for a new adult day care facility, a new pre- school facility and an 82- unit affordable senior housing facility.

The project approval includes the following:
a. 127 parking spaces
b. Removal of 168 trees and tree replacement of 148 new trees. c. Three legal parcels resulting in a total of four acres. d. Density of 73 dwelling units per net acre (based on 1.12 net acres) for Parcel C e. A three- story and four-story senior affordable housing facility with a maximum 49- foot building height.
f. Retention basins.
g. Private roads.
h. Landscape area and open space area in compliance with the approved PUD Concept/Specific Plan

2. Approval - Approval is based on and shall be in accord with the plans contained in the project file, dated, “Approved – January 24, 2022” except as they may be modified by these conditions The approved plans were prepared by Milani & Associates, Perkins- Eastman Architects, and Bay Tree Design (landscape architect).

3. Time Period - The Development Plan Permit shall lapse two years after its date of approval unless one of the following has occurred:
a. A building permit has been issued, substantial money has been expended, and construction diligently pursued; or
b. A certificate of occupancy has been issued; or
c. The Development Plan is renewed by the Planning Commission or other hearing body which originally approved it. No new notice or public hearing is required for a renewal if the findings required for approval remain valid.

4. Project Modifications - Any major changes to the project description or to any other project conditions shall require an amendment to the Development Plan permit and shall require review and approval by the decision- body that gave final approval to the original Development Plan Permit. Any minor changes shall require an application request from

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Packet Pg. 205 Attachment: Attachment D - City Council Resolution No. 8-22 (SAHA Letter of Support) 490 Golf Club Road (PLN 21-0294)
Conditions of Approval

the operator/ applicant for review and approval by the Zoning Administrator. The Zoning Administrator will determine if a change is considered major or minor.

5. Compliance with Project Conditions of Approval - In the event that any of the aforementioned conditions are not satisfied the Development Plan Permit approval becomes null and void.

6. Overnight Vehicles – Campers, trailers, motorhomes, or any other similar vehicles are not allowed on the construction site except when needed as sleeping quarters for a security guard.

7. Construction Trailer – A construction trailer shall be allowed to be placed on the project site for daily administration/coordination purposes during the construction period.

8. Compliance with Project Conditions of Approval - Development Plan permit approval is subject to compliance with each applicable condition of approval contained in City Council Resolution No. ___-22. In the event that any of the associated conditions are not satisfied Development Plan Permit approval becomes null and void.

9. Parking Space Reduction - Any reduction in the 127- space inventory of on- site parking spaces shall not occur without prior City approval.

10. Trees - Approval of Development Plan Permit PLN 21-0294, includes approval for removal of trees from the site, only for those trees noted accordingly on the approved tree removal plan.

11. Off-Site Improvements – No off-site improvements shall occur unless written authorization is received from the property owner and provided to the Zoning Administrator in advance of constructing the improvements.

12. Solid- Waste Pick- Up – Solid waste/ recycling and yard waste pick- up will be executed with private individual pick-up receptacles for each legal parcel.

13. Construction Activity – During construction, the applicant shall comply with conditions related to noise, best management practices and storm-water provisions.

14. Noise Ordinance - The operator/ applicant shall ensure that the facility strictly adheres to the City’s Noise Ordinance (PHMC Chapter 9.15).

15. Water Efficient Landscape Ordinance – The project shall comply with the City’ s Water Efficient Landscape Ordinance, both prior to and after occupancy as appropriate.

16. General Compliance - Approval of this project shall not waive required compliance with all sections of the Pleasant Hill Municipal Code, General Plan, and applicable policy plan.

17. Annotated Conditions of Approval - Prior to issuance of a building permit and prior to issuance of a certificate of occupancy, the developer shall submit to the Zoning Administrator an annotated list of these conditions demonstrating proof of compliance.

18. Annotated Conditions of Approval - Prior to issuance of a building permit final and/or certificate of occupancy, the applicant shall submit to the Zoning Administrator an

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Packet Pg. 206 Attachment: Attachment D - City Council Resolution No. 8-22 (SAHA Letter of Support) 490 Golf Club Road (PLN 21-0294)
Conditions of Approval

annotated list of outstanding conditions demonstrating proof of compliance with a cover letter specifying how the project has addressed and complied with each of these conditions.

19. Building Permits - The applicant shall obtain all necessary building permits from the City Building Division. In addition, the project shall comply with all regulations contained in Title 11 of the 2019 California Building Code prior to issuance of a Certificate of Occupancy.

20. Construction and Demolition Debris Ordinance - Prior to building permit final, the applicant/developer shall comply with the requirements of the City of Pleasant Hill Construction and Demolition Debris Ordinance ( Chapter 14.40). Prior to building permit final a waste management plan shall be submitted and approved by the Building Division.

21. ADA Compliance - Prior to issuance of a Certificate of Occupancy the architect shall submit written verification to the Chief Building Inspector that the project is in full compliance with the Americans with Disabilities Act (ADA).

22. Waste Management Plan - The Applicant shall submit a Waste Management Plan (WMP) as part of the building permit for approval by the Chief Building Official. The WMP shall acknowledge that 65% of all construction and demolition debris will be diverted, and shall include the applicable performance security.

23. Demolition/Construction Phasing Plan and Traffic Control Plan - Prior to grading building or demolition permit issuance ( whichever occurs first), the applicant shall submit a phasing plan for demolition and construction and a traffic control plan that shall include, but not be limited to, location of construction materials storage and equipment staging areas, phasing for demolition of existing improvements and construction of new improvements, provisions for vehicle and pedestrian access during demolition and construction, facility parking (for customers and employees) during demolition and construction, etc. This Plan shall be to the approval of the City Engineer and the Zoning Administrator.

24. Construction Hours - Construction and Grading hours shall be limited to 7:30 a.m. to 7:00 p.m. Monday through Friday. In addition, interior construction is allowed on Saturdays from 9:00 a.m. to 6:00 p.m., with construction activity is prohibited on all Sundays and City holidays.

25. Indemnification - The owner/applicant shall defend, (with counsel acceptable to the City) at its sole cost and expense, indemnify, protect, release and hold harmless the City of Pleasant Hill and any agency or instrumentality thereof, including any of its agents, commissions, boards, officers, and employees (“ indemnitees”) from any and all claims, actions, or proceedings arising out of or in any way related to the processing and/or approval of this Project and any environmental determination that accompanies it. This indemnification shall include, but not be limited to, suits, damages, judgments, costs, expenses, liens, levies, attorney fees or expert witness fees that may be asserted or incurred by any person or entity, including the applicant, third parties, and the indemnitees, arising out of or in connection with the processing and/ or approval of this Project, except to the extent attributable to the sole negligence or willful misconduct of indemnitees.

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Packet Pg. 207 Attachment: Attachment D - City Council Resolution No. 8-22 (SAHA Letter of Support) 490 Golf Club Road (PLN 21-0294)
Conditions of Approval

26. Other City Approvals - Development Plan Permit approval is subject to review and approval of a Use Permit, Minor Subdivision and an Architectural Review permit by the City Council.

27. Outside Agencies - The owner/applicant shall comply with the requirements of all other agencies having jurisdiction over this project. This shall include, but not be limited to the Contra Costa County Fire Protection District, PG& E, Contra Costa Health Department, Central Contra Costa County Sanitation District, Contra Costa County Flood Control District and Contra Costa Water District. Proof of approval from other agencies with jurisdiction over the project shall be provided to the Zoning Administrator prior to commencement of operations at the facility.

28. Off-Site Improvements – No off-site improvements shall occur unless written authorization is received from the property owner and provided to the Zoning Administrator in advance of constructing the improvements.

29. Federal, State and Local laws - Owner/applicant shall comply with all federal, state, and local laws. The issuance of this development plan permit shall not constitute a waiver of the requirements of any federal, state or local law, including the requirements of the California Building Standards Code.

30. Mitigation Monitoring Program – The project shall implement and comply with the associated Mitigation Monitoring Program ( Attachment O of the CC Staff Report).

31. Tree Protection Plan - A tree protection plan for preserved trees that are on-site and in close proximity of the project site shall be reviewed and approved prior to issuance of any permits and implemented during all construction activities. The tree protection plan shall be prepared by a certified/ licensed arborist.

32. Engineering Conditions – The project shall comply with the following Engineering Division conditions of approval and standard conditions of approval as noted below.

Use Permit Conditions of Approval

1. Project Description – Approval is based on, and shall be in accord with, information contained in the project file with plans and application stamped “ Approved – January 24, 2022.” This approval is for Conditional Use Permit ( PLN 21-0294) related to a new/expanded pre-school facility and new/expanded adult day care facility. The Conditional Use Permit approves the following:

Choice in Learning: An approximate 7,000 square foot Montessori pre- school facility (general day care use), with a maximum enrollment of no more than 90 children ages 2-6, and a maximum of 5 employees at any one time. Operating day/hours limited to Monday through Friday from 7 a.m. to 6 p.m.

Choice in Aging: An approximate 24,750 square foot adult day care use facility, with a maximum of no more than 60 participants/ individuals, and a maximum of 35 employees at any one time. Operating day/hours limited to Monday through Friday from 7 a.m. to 6 p.m.

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Packet Pg. 208 Attachment: Attachment D - City Council Resolution No. 8-22 (SAHA Letter of Support) 490 Golf Club Road (PLN 21-0294)
Conditions of Approval

2. Plans – Prior to issuance of a Building Permit, the applicant shall submit accurate, to-scale plans for the proposed development.

3. Approval - Approval is based on and shall be in accord with the plans contained in the project file, dated, “Approved – January 24, 2022” except as they may be modified by these conditions. The approved plans were prepared by Perkins- Eastman Architects.

4. Time Period - The Conditional Use Permit shall lapse two years after its date of approval unless one of the following has occurred:
a. A building permit has been issued, substantial money has been expended, and construction diligently pursued; or
b. Final building inspection approval has been issued; or c. The use is established; or
d. The Use Permit is renewed by the hearing body which originally approved it

5. Lapse of Use - The Use Permit shall automatically lapse if there is a discontinuance of the exercise of the entitlement granted by the permit for six consecutive months or more.

6. Project Modifications - Any major changes to the project description or to any other project conditions shall require an amendment to the Use Permit and shall require review and approval by the decision- body that gave final approval to the original Use Permit. Any minor changes shall require an application request from the operator/applicant for review and approval by the Zoning Administrator. The Zoning Administrator will determine if a change is considered major or minor.

7. Signage – Approval of the Conditional Use Permit does not include any proposed signage for the project.

8. Compliance with Project Conditions of Approval - The Conditional Use Permit is subject to compliance with each applicable condition of approval contained in City Council Resolution No. ___ - 22. In the event that any of the associated conditions are not satisfied Conditional Use Permit approval becomes null and void.

9. Related Permits - The Conditional Use Permit ( PLN 21-0294) shall be null and void if the associated Development Plan Permit is not approved by the City Council.

10. Parking Complaints - In the event that the City receives a legitimate parking complaint e.g. complaints regarding project parking demand spilling over from the site to nearby streets or unauthorized sites), the property owner shall address and resolve the complaint in a timely and satisfactory manner, as determined by either the Zoning Administrator or Planning Commission in accordance with applicable City Municipal Code provisions.

Measures to resolve any ongoing parking violations may include, but shall not be limited to, providing shared parking on an adjacent site, valet parking or other appropriate Parking Management Solutions.

11. Noise Ordinance – Prior to issuance of a Building Permit, the applicant shall submit an acoustical analysis that complies with the City performance standards. The operator/ applicant shall ensure that the facility strictly adheres to the City’ s Noise Ordinance (PHMC Chapter 9.15).

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Packet Pg. 209 Attachment: Attachment D - City Council Resolution No. 8-22 (SAHA Letter of Support) 490 Golf Club Road (PLN 21-0294)
Conditions of Approval

12. General Compliance - Approval of this project shall not waive required compliance with all sections of the Pleasant Hill Municipal Code, General Plan, and applicable policy plan.

13. Annotated Conditions of Approval - Prior to issuance of a building/ grading permit and/ or certificate of occupancy, the applicant shall submit to the Zoning Administrator an annotated list of outstanding conditions demonstrating proof of compliance with a cover letter specifying how the project has addressed and complied with each of these conditions.

14. Building Permits - The applicant shall obtain all necessary building permits from the City Building Division. In addition, the project shall comply with all regulations contained in Title 11 of the 2019 California Building Code prior to issuance of a Certificate of Occupancy.

15. Indemnification - The owner/ applicant shall defend, ( with counsel acceptable to the City) at its sole cost and expense, indemnify, protect, release and hold harmless the City of Pleasant Hill and any agency or instrumentality thereof, including any of its agents, commissions, boards, officers, and employees (“ indemnitees”) from any and all claims, actions, or proceedings arising out of or in any way related to the processing and/ or approval of this Project and any environmental determination that accompanies it. This indemnification shall include, but not be limited to, suits, damages, judgments, costs, expenses, liens, levies, attorney fees or expert witness fees that may be asserted or incurred by any person or entity, including the applicant, third parties, and the indemnitees, arising out of or in connection with the processing and/or approval of this Project, except to the extent attributable to the sole negligence or willful misconduct of indemnitees.

16. Other City Approvals – The Conditional Use Permit approval is subject to review and approval of the Development Plan and Architectural Review permits.

17. Outside Agencies - The owner/applicant shall comply with the requirements of all other agencies having jurisdiction over this project. This shall include, but not be limited to, the Contra Costa County Fire Protection District, PG& E, Contra Costa Health Department, Central Contra Costa County Sanitation District, Contra Costa County Flood Control District and Contra Costa Water District. Proof of approval from other agencies with jurisdiction over the project shall be provided to the Zoning Administrator prior to commencement of operations at the facility.

18. Federal, State and Local Laws - Owner/ applicant shall comply with all federal, state, and local laws. The issuance of this development plan permit shall not constitute a waiver of the requirements of any federal, state or local la, including the requirements of the California Building Standards Code.

19. Engineering Conditions – The project shall comply with the following Engineering Division conditions of approval and standard conditions of approval as noted below.

Architectural Review Permit Conditions of Approval

1.0 Special Conditions

7.7.d
Packet Pg. 210 Attachment: Attachment D - City Council Resolution No. 8-22 (SAHA Letter of Support) 490 Golf Club Road (PLN 21-0294)
Conditions of Approval