Redding City Council
December 19, 2023

Agenda
Regular Meeting
Redding City Council
Council Chambers (Doors open 30 minutes prior)
777 Cypress Avenue
Redding, CA
December 19, 2023
6:00 PM

1. CALL TO ORDER - MAYOR TENESSA AUDETTE
A. Pledge of Allegiance
B. Invocation - Pastor Brien Walters, Cottonwood Assembly of God C. Roll Call

2. PRESENTATIONS
2A. City Council Reorganization – Selection of Mayor Pro Tempore.

Recommendation:

Selection of the City of Redding Mayor Pro Tempore.

3. PUBLIC COMMENT - for non-agendized matters within the city’s jurisdiction.

PURSUANT TO THE BROWN ACT, CITY COUNCIL CANNOT TAKE ACTION ON PUBLIC

COMMENT ITEMS
The City Council will allocate up to a maximum of three minutes per speaker for 30 minutes total, at the beginning of the meeting for Public Comment for non-agendized matters within the City’s jurisdiction.

The Mayor will determine the order of the speakers. If 30 minutes is not adequate to accommodate all of the individuals who have submitted a Speaker Request Form to the City Clerk, the Council will trail this item to the end of the open session agenda. The remaining speakers will address the City Council at that time.

If anyone wishes to address the City Council on any item considered at this meeting before or during Council’s consideration of that item, please fill out a blue Speaker Request Form, located in the lighted alcoves at the back of the Council Chambers, and submit it to the City Clerk. The City Council will allocate up to a maximum of three minutes per speaker for each agenda item. Staff reports are available on-line at the City’s web site at www.cityofredding.gov in the Public View binder located on the podium at the north side of the Chambers.

PLEASE SILENCE YOUR CELL PHONES. THANK YOU.

Redding City Council December 19, 2023

4. CONSENT CALENDAR
The Consent Calendar contains items considered routine and/or which have been individually scrutinized by City Council Members and are anticipated to require no further deliberation. If a member of the public wishes to address an item on the Consent Calendar, please fill out a Speaker Request Form and submit it to the City Clerk before the Consent Calendar is considered. It shall be the prerogative of any Council Member, before the Consent Calendar is acted upon, to: (1) comment on an item; (2) respond to any public comment on an item; (3) request the record reflect an abstention or nay vote on an item; or (4) remove an item and place it on the Regular portion of the agenda for delivery of a staff report and/or an extended discussion or deliberation. 4(a). Approve Minutes: Special Meeting - Closed Session of November 21, 2023; and Closed Session of December 5, 2023.
4(b). Accept City of Redding Accounts Payable Register Number 5; and Payroll Register Number 10 and 11.

4.1(a). Adopt Resolution declaring approximately 90 acres of City of Redding-owned land located at 7501 Eastside Road (Assessor Parcel No. 050-040-010) as surplus property, subject to the retention of an easement(s), if required, for public service utilities.

4.1(b). Authorize the City Manager to negotiate and execute the Housing and Homelessness Incentive Program Award Recipient Agreements as approved by the Redding City Council at its December 5, 2023, meeting; and authorize Development Services staff to make the required California Environmental Quality Act findings/determinations as necessary for each respective agreement.

4.2(a). Authorize Airport Division staff to release a Request for Proposals package for non-aeronautical development at Redding Regional Airport properties that include 6755 Lockheed Drive (APN 054-640-001) and 6809 Lockheed Drive (APN 056-610-008) and portions of 3730 Flight Avenue (APN 054-280-005) and 6783 Woodrum Circle (APN 056-010-025).

Redding City Council December 19, 2023

4.2(b). Authorize the following actions relative to the Regional Early Action Planning Program funds from the Shasta Regional Transportation Agency:
(1) Authorize the Mayor to execute the Sub-Applicant Agreement for $750,000 and appropriate the funds to assist with the development costs of a 12-unit, income-qualifying, mixed-use building on vacant lots located at 815 Parkview Avenue (Assessor’s Parcel Number 104-350- 019-000), 825 Parkview Avenue (Assessor’s Parcel Number 104-350- 018-000) and 2520 Leland Avenue (Assessor’s Parcel Number 104-350- 020-000);
(2) Authorize the City Manager to negotiate a property transfer agreement for the City of Redding’s Successor Housing Agency to acquire the property located at 2520 Leland Avenue at no cost; authorize Housing Division staff to submit the purchase agreement to the Shasta County Consolidated Oversight Board for consideration and approval; and if approved, authorize the Mayor to execute the required documentation to complete the property transaction;
(3) Approve and authorize the release of the Request for Proposals - Schedule Number 5423; and
(4) Find that applying for and accepting grant funding is not considered a project under the California Environmental Quality Act.

4.2(c). Approve and authorize the following actions:
(1) Approve the City of Redding’s 2023 Shelter Crisis Annual Report; (2) Authorize staff to submit the City of Redding’s 2023 Shelter Crisis Annual Report to the State of California Senate and Assembly Committees by January 1, 2024; and
(3) Find that approving a Shelter Crisis Annual Report and submitting the report to the State of California is not a project as defined under the California Environmental Quality Act and no further action is required.

4.2(d). Authorize and approve the following actions:
(1) Authorize the City Manager, or his designee, to sign the Funding Agreement with No Boundaries Transitional Housing Inc., in the amount of $564,564 for the term of January 1, 2024 through June 30, 2024;
(2) Find that the project is categorically exempt from the California Environmental Quality Act pursuant to Section 15301(d) Existing Facilities; and
(3) Find that according to the National Environmental Policy Act operating costs are categorically excluded, not subject to 24 CFR §58.5, convert to exempt and require no further environmental study or approval from the United States Department of Housing and Urban Development.

4.5(a). Approve and ratify the City Manager’s approval of purchase order PUR000922 for Padmount Distribution Transformers to Emerald Transformer, in the amount of $206,121.09, for the City of Redding Electric Utility.

Redding City Council December 19, 2023

4.11(a). Authorize the following actions relative to Bid Schedule No. 5416, Rock and Mineral Products:
(1) Reject the apparent low bids by Green Dream International as nonresponsive; and
(2) Award the lowest competitive bids to J. F. Shea, Loucks Landscaping, Stimpel-Wiebelhaus, and Tullis, Inc. for the annual purchase of rock, asphalt, and mineral aggregates at an estimated cost of $350,000.

4.11(b). Authorize the following related to the purchase of one 2024 Kenworth T880 chassis with an Enoven Water Tender Body assembly for a combined net delivered cost of $291,749.34, for the City of Redding Solid Waste Utility:
(1) Authorize the purchase of one 2024 Kenworth T880 chassis using Sourcewell contract pricing, with a net delivered cost of $196,002.21 including all applicable taxes and fees;
(2) Authorize the purchase of one 4,000-gallon Enoven Water Tender body from Enoven Truck and Equipment, with a net delivered cost of $95,747.13 including all applicable taxes and fees; and (3) Authorize the City Manager to approve future pricing adjustments, terms, and policy changes as needed due to inflation and unstable economic conditions up to a total of $30,000.

4.11(c). Accept the City of Redding Mitigation Fee Act Report Update, including an accounting of development fees; and adopt Resolution making findings concerning unexpended funds.

4.11(d). Authorize and approve the following relative to the City of Redding’s COVID19 Economic Stimulus Package projects:
(1) Accept an update on project progress;
(2) Ratify approval of City Manager award for the Aquatic Center Pumping System Upgrades Project (C19-P-03) to Tricon Construction, Inc. in the amount of $246,323; and
(3) Ratify approval of on-call construction for Window Replacements at Fire Station 5 (C19-W04a) to Harbert Roofing, Inc. in the amount of $15,526.

4.11(e). Accept Bid Schedule No. 5221 (Job No. 2644), South Bonnyview Road/I-5 Phase II Improvements Bechelli Lane Roundabout Project, awarded to Tullis Inc., as satisfactorily complete, with a final cost of $5,329,290.10.

4.11(f). Adopt Resolution accepting the dedication for public use on Alfreda Way (Assessor Parcel No. 067-110-064) and adjacent Public Service Easements as described in the Center of Hope Parcel Map PM-2021-01672 filed on February 10, 2022, in Book 39 of Parcel Maps at Page 94, Shasta County Records and shown on Exhibit A.

4.12(a). Approve the Local Appointments List consisting of Exhibits A and B relative to 2024 term expirations and vacancies for City of Redding Boards, Commissions, and Committees to fulfill the requirements of Government Code Section 54972 (Maddy Act).

Redding City Council December 19, 2023

4.15(a). Adopt Resolution modifying the Employment and Benefit Policies for City of Redding Unrepresented Employees, effective December 20, 2023.

RECOMMENDATION: ACCEPT, ACKNOWLEDGE, ADOPT, APPROVE,
AND/OR AUTHORIZE ALL ITEMS ON THE CONSENT CALENDAR.

9. REGULAR CALENDAR: REPORTS & COMMUNICATIONS OF DEPARTMENTS,

BOARDS, COMMISSIONS AND COMMITTEES
Mayor and Council Members
9A. Appoint Christian M. Curtis City Attorney and Consider Approval of Employment Agreement.

Recommendation:

Appoint Christian M. Curtis as the City of Redding City Attorney and authorize the Mayor to execute the Employment Agreement at an annual salary of $220,000.

City Manager

9.1(c). Consideration of the At Home Shasta Action Plan.

Recommendation:

Accept report and endorse the AT HOME Shasta Action Plan and consider appointing two Council Members to continue to serve on the AT HOME Shasta committee on a continuous basis. Further, authorize the City Council committee members to approve Plan updates. The membership of the committee will be determined by the committee itself.

Assistant City Manager

9.2(e). Report on Benton Field and Approve Lease and Operating Permit for Fixed Base Operator at Benton Field (085).

Recommendation:

Authorize and approve the following:
(1) Accept the oral report on Benton Field;
(2) Approve the Benton Field Fixed Base Operator Lease Agreement and Commercial Operating Permit (Agreement) with an effective date of January 1, 2024;
(3) Authorize the Mayor to execute the Agreement; and
(4) Find that the action is categorically exempt from review under the California Environmental Quality Act Guidelines, pursuant to Section 15301 – Existing Facilities.

Redding City Council December 19, 2023

9.2(f). Award Request for Proposals, Schedule No. 5419, for the Development of Infrastructure that Supports a Single-Family Housing Development at 850 Quartz Hill Road.

Recommendation:

Award Request for Proposals - Schedule No. 5419 for the development of infrastructure to create a single-family subdivision located at 850 Quartz Hill Road (Assessor’s Parcel Number 115-170-001) to K2 Development Companies and approve the following:
(1) Authorize the City Manager, or designee, to negotiate a Development Funding Agreement with K2 Development Companies that includes Community Development Block Grant Disaster Recovery Infrastructure funds for predevelopment costs; and Authorize the Mayor to execute the Development Funding Agreement;
(2) Adopt Resolution approving and adopting the 24th Amendment to the City Budget No. 2023-060 appropriating $22,563,040 for the Quartz Hill Infrastructure project;
(3) Find that entering into a Development Funding Agreement for predevelopment costs is not considered a project under the California Environmental Quality Act and a separate review will be completed for the resulting project; and
(4) Find that entering into a Development Funding Agreement for predevelopment costs is considered exempt under the National Environmental Policy Act under Title 24 CFR 58.34(a)(1), and a separate review will be completed for the resulting project.

9.2(g). Consider providing direction to staff regarding a Navigation/Day Resource Center.

Recommendation:

Provide direction to staff regarding the location, purchase and development, and the operation of a Navigation/Day Resource Center.

Redding Electric Utility

9.5(b). Oral Report on Redding Electric Utility's 2026 Strategic Plan.

Recommendation:

Accept the Electric Director’s oral presentation providing a progress update on the City of Redding Electric Utility’s 2026 Strategic Plan.

Redding City Council December 19, 2023

11. COUNCIL TRAVEL REPORT(S)
City Council Member attendance at conference/meetings reimbursed at City expense. {Requirement of Assembly Bill 1234}
[A-050-060]
Information Only

12. SUGGESTIONS FROM COUNCIL MEMBERS RELATIVE TO POTENTIAL TOPICS

FOR FUTURE CITY COUNCIL MEETINGS

13. ADJOURNMENT
Pursuant to the Brown Act, non-confidential materials related to an item on this agenda submitted to the City Council after distribution of the agenda packet are available for inspection during normal business hours at the Office of the City Clerk, 3rd Floor, City Hall, 777 Cypress Avenue, Redding, California.

City Council Meetings will be televised live on Shasta Community Access Channels via Charter/Spectrum Cable channel 181, and will be rerun on Thursday at 12:30 p.m. during the week in which the meeting is held. Additionally, the meeting can be viewed online at the following: https://www.shastaartscouncil.org/scactv. Video of the City Council meetings can also be viewed on the City’s web site at http://www.cityofredding.gov/. Open the Services tab, and select City Council Videos.

In compliance with Title II of the Americans with Disabilities Act, the City of Redding will make available to persons with disabilities modifications or accommodations including auxiliary aids or services necessary to participate in public meetings. A person needing assistance should contact the Redding City Clerk by telephone at (530) 225-4447 or in person, or by mail at 777 Cypress Avenue, 3rd Floor, Redding, California 96001 at least three (3) working days in advance.

The City of Redding will ensure that no person shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination under any of its projects, activities, services, or business opportunities on the basis of race, color, national origin, age, sex, or disability, as afforded by Title VI of the Civil Rights Act of 1964 and related statutes as amended. All persons, regardless of their citizenship status, are covered under this regulation.

Questions, complaints, or requests for accommodations or additional information may be forwarded to the ADA & Title VI Coordinator at 777 Cypress Avenue, Attn: Personnel Dept., Redding, California 96001, Phone (530) 225-4065.

CITY OF REDDING

REPORT TO THE CITY COUNCIL
Recommendation
Selection of the City of Redding Mayor Pro Tempore.

Background/Analysis
The City Council typically reorganizes at its first meeting in December of each year. The Redding Municipal Code does not specify how the City Council will select the new Mayor Pro Tempore. On December 5, 2023, Tenessa Audette was selected as the Mayor, Julie Winter was selected as Vice Mayor, and the Mayor Pro Tempore position was not selected. The purpose of this item is to select a Mayor Pro Tempore.

Redding Municipal Code Section 2.040.040(B) (Presiding officer), states that if the Mayor and Vice Mayor are absent or unable to act, the Mayor Pro Tempore shall serve until the Mayor or Vice Mayor return or are able to act. During such time, the Mayor Pro Tempore has all of the powers and duties of the Mayor.

MEETING DATE: December 19, 2023
ITEM NO. 2A
FROM:
***APPROVED BY***
[email protected] [email protected]
SUBJECT: 2A--City Council Reorganization - Selection of Mayor Pro Tempore Sharlene Tipton, City Clerk
Packet Pg. 8

CITY OF REDDING

REPORT TO THE CITY COUNCIL
Recommendation
Approve Minutes: Special Meeting - Closed Session of November 21, 2023; and Closed Session of December 5, 2023.

Attachments
^Unofficial Minutes - Special Meeting Closed Session of November 21, 2023 ^Unofficial Minutes - Special Meeting Closed Session of December 5,2023 MEETING DATE: December 19, 2023
ITEM NO. 4(a)
FROM:
***APPROVED BY***
[email protected] [email protected]
SUBJECT: 4(a)--Approve City Council Minutes.

Sharlene Tipton, City Clerk
Packet Pg. 9
302
11/21/2023
Unofficial Minutes Redding City Council, Special Meeting Civic Center Council Chambers
777 Cypress Avenue
Redding, CA 96001
November 21, 2023, 5:30 PM
The meeting was called to order by Mayor Michael Dacquisto with the following Council Members present: Tenessa Audette, Mark Mezzano, Jack Munns, and Julie Winter.

Also present: City Manager Barry Tippin, Assistant City Manager Steve Bade, City Attorney Barry E. DeWalt, City Clerk Sharlene Tipton, and Assistant City Clerk Anette Cates.

CLOSED SESSION
At the hour of 5:30 p.m., Mayor Dacquisto opened the Special Meeting and announced that the Council would adjourn to Closed Session.

At the hour of 6:02 p.m., Mayor Dacquisto reconvened the Special Meeting to Open Session and reported that in reference to:
3A. Closed Session pursuant to California Government Code Section 54957.6:

CONFERENCE WITH LABOR NEGOTIATOR
Designated Agency Representative: Personnel Director Kibler Employee Organizations:
(1) Redding Police Managers’ Association; and
(2) Unrepresented Employees
Pursuant to Government Code Section 54957.1(a), the City Council took no reportable action on this item.

ADJOURNMENT
There being no further business at the hour of 6:02 p.m., Mayor Dacquisto declared the meeting adjourned.

APPROVED:
_______________________________
Michael Dacquisto, Mayor
ATTEST:
_______________________________
Sharlene Tipton, City Clerk
Packet Pg. 10
Attachment: ^Unofficial Minutes - Special Meeting Closed Session of November 21, 2023 (4(a)--Approve City Council Minutes) 303
12/05/2023
Unofficial Minutes Redding City Council, Special Meeting Civic Center Council Chambers
777 Cypress Avenue
Redding, CA 96001
December 5, 2023, 5:30 PM
The meeting was called to order by Mayor Michael Dacquisto with the following Council Members present: Tenessa Audette, Mark Mezzano, Jack Munns, and Julie Winter.

Also present: City Manager Barry Tippin, Assistant City Manager Steve Bade, City Attorney Barry E. DeWalt, City Clerk Sharlene Tipton, and Executive Assistant Erin Barnhart.

CLOSED SESSION
At the hour of 5:30 p.m., Mayor Dacquisto opened the Special Meeting and announced that the Council would adjourn to Closed Session.

At the hour of 6:00 p.m., Mayor Dacquisto reconvened the Special Meeting to Open Session and reported that in reference to:
3A. Closed Session pursuant to California Government Code Section 54956.9(d)(4):

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Initiation of Litigation
One potential case
Pursuant to Government Code Section 54957.1(a), the City Council took no reportable action on this item.
3B. Closed session pursuant to California Government Code Section 54957(b):

PUBLIC EMPLOYMENT
City Attorney
Pursuant to Government Code Section 54957.1(a), the City Council took no reportable action on this item.

ADJOURNMENT
There being no further business at the hour of 6:00 p.m., Mayor Dacquisto declared the meeting adjourned.

APPROVED:
_______________________________
Michael Dacquisto, Mayor
ATTEST:
_______________________________
Sharlene Tipton, City Clerk
Packet Pg. 11
Attachment: ^Unofficial Minutes - Special Meeting Closed Session of December 5,2023 (4(a)--Approve City Council Minutes)

CITY OF REDDING

REPORT TO THE CITY COUNCIL
Recommendation
Accept City of Redding Accounts Payable Register Number 5; and Payroll Register Number 10 and 11.

Fiscal Impact
There is no fiscal impact to accepting the registers.

Alternative Action
The City Council could choose to not accept the registers and provide alternate direction to staff.

Background/Analysis
Attached are the Accounts Payable and Payroll Registers as follows:

Accounts Payable:
(1) Register No. 5 for the period November 1, 2023 – November 30, 2023, in the amount of $21,955,709.15.

Payroll:
(1) Register No. 10 for the period October 29, 2023 – November 11, 2023, in the amount of $5,092,867.44 and Register No. 11 for the period November 12, 2023 – November 25, 2023, in the amount of $4,919,750.13.

Environmental Review
This is not a project defined under the California Environmental Quality Act, and no further action is required.

MEETING DATE: December 19, 2023
ITEM NO. 4(b)
FROM:
***APPROVED BY***
[email protected] [email protected]
SUBJECT: 4(b)--City of Redding Accounts Payable and Payroll Registers.

Greg Robinett, Director of
Finance/City Treasurer
Packet Pg. 12
Report to Redding City Council December 7, 2023
Re: 4(b)--Accounts Payable and Payroll Registers Page 2 Council Priority/City Manager Goals
• This agenda item is a routine operational item.

Attachments
Accounts Payable Register No. 5 and Payroll Register No. 10 & 11 Packet Pg. 13
Packet Pg. 14
Attachment: Accounts Payable Register No. 5 and Payroll Register No. 10 & 11 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 15
Attachment: Accounts Payable Register No. 5 and Payroll Register No. 10 & 11 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 16
Attachment: Accounts Payable Register No. 5 and Payroll Register No. 10 & 11 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 17
Attachment: Accounts Payable Register No. 5 and Payroll Register No. 10 & 11 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 18
Attachment: Accounts Payable Register No. 5 and Payroll Register No. 10 & 11 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 19
Attachment: Accounts Payable Register No. 5 and Payroll Register No. 10 & 11 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 20
Attachment: Accounts Payable Register No. 5 and Payroll Register No. 10 & 11 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 21
Attachment: Accounts Payable Register No. 5 and Payroll Register No. 10 & 11 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 22
Attachment: Accounts Payable Register No. 5 and Payroll Register No. 10 & 11 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 23
Attachment: Accounts Payable Register No. 5 and Payroll Register No. 10 & 11 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 24
Attachment: Accounts Payable Register No. 5 and Payroll Register No. 10 & 11 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 25
Attachment: Accounts Payable Register No. 5 and Payroll Register No. 10 & 11 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 26
Attachment: Accounts Payable Register No. 5 and Payroll Register No. 10 & 11 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 27
Attachment: Accounts Payable Register No. 5 and Payroll Register No. 10 & 11 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 28
Attachment: Accounts Payable Register No. 5 and Payroll Register No. 10 & 11 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 29
Attachment: Accounts Payable Register No. 5 and Payroll Register No. 10 & 11 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 30
Attachment: Accounts Payable Register No. 5 and Payroll Register No. 10 & 11 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 31
Attachment: Accounts Payable Register No. 5 and Payroll Register No. 10 & 11 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 32
Attachment: Accounts Payable Register No. 5 and Payroll Register No. 10 & 11 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 33
Attachment: Accounts Payable Register No. 5 and Payroll Register No. 10 & 11 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 34
Attachment: Accounts Payable Register No. 5 and Payroll Register No. 10 & 11 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 35
Attachment: Accounts Payable Register No. 5 and Payroll Register No. 10 & 11 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 36
Attachment: Accounts Payable Register No. 5 and Payroll Register No. 10 & 11 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 37
Attachment: Accounts Payable Register No. 5 and Payroll Register No. 10 & 11 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 38
Attachment: Accounts Payable Register No. 5 and Payroll Register No. 10 & 11 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 39
Attachment: Accounts Payable Register No. 5 and Payroll Register No. 10 & 11 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 40
Attachment: Accounts Payable Register No. 5 and Payroll Register No. 10 & 11 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 41
Attachment: Accounts Payable Register No. 5 and Payroll Register No. 10 & 11 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 42
Attachment: Accounts Payable Register No. 5 and Payroll Register No. 10 & 11 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 43
Attachment: Accounts Payable Register No. 5 and Payroll Register No. 10 & 11 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 44
Attachment: Accounts Payable Register No. 5 and Payroll Register No. 10 & 11 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 45
Attachment: Accounts Payable Register No. 5 and Payroll Register No. 10 & 11 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 46
Attachment: Accounts Payable Register No. 5 and Payroll Register No. 10 & 11 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 47
Attachment: Accounts Payable Register No. 5 and Payroll Register No. 10 & 11 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 48
Attachment: Accounts Payable Register No. 5 and Payroll Register No. 10 & 11 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 49
Attachment: Accounts Payable Register No. 5 and Payroll Register No. 10 & 11 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 50
Attachment: Accounts Payable Register No. 5 and Payroll Register No. 10 & 11 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 51
Attachment: Accounts Payable Register No. 5 and Payroll Register No. 10 & 11 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 52
Attachment: Accounts Payable Register No. 5 and Payroll Register No. 10 & 11 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 53
Attachment: Accounts Payable Register No. 5 and Payroll Register No. 10 & 11 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 54
Attachment: Accounts Payable Register No. 5 and Payroll Register No. 10 & 11 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 55
Attachment: Accounts Payable Register No. 5 and Payroll Register No. 10 & 11 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 56
Attachment: Accounts Payable Register No. 5 and Payroll Register No. 10 & 11 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 57
Attachment: Accounts Payable Register No. 5 and Payroll Register No. 10 & 11 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 58
Attachment: Accounts Payable Register No. 5 and Payroll Register No. 10 & 11 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 59
Attachment: Accounts Payable Register No. 5 and Payroll Register No. 10 & 11 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 60
Attachment: Accounts Payable Register No. 5 and Payroll Register No. 10 & 11 (4(b)--Accounts Payable and Payroll Registers) Packet Pg. 61
Attachment: Accounts Payable Register No. 5 and Payroll Register No. 10 & 11 (4(b)--Accounts Payable and Payroll Registers)

CITY OF REDDING

REPORT TO THE CITY COUNCIL
Recommendation
Adopt Resolution declaring approximately 90 acres of City of Redding-owned land located at 7501 Eastside Road (Assessor Parcel No. 050-040-010) as surplus property, subject to the retention of an easement(s), if required, for public service utilities.

Fiscal Impact
There is no fiscal impact to declaring the listed property as surplus. There may be financial benefit to the Wastewater Utility in the event part or all of the property is sold.

Alternative Action
The City Council could choose to not adopt the resolution and therefore not declare the property as surplus.

Background/Analysis
On January 1, 2020, legislation known as the Surplus Property Act (Assembly Bill 1486) was enacted by the State of California redirecting the process by which cities dispose of public land. Prior to disposal, land must be declared “Surplus” or “Exempt Surplus.” The intention of the act is to ensure property is offered as available to build affordable housing prior to marketing the properties for sale to the private sector. Developers may request to be notified of available surplus property via the California Department of Housing and Community Development (HCD) website.

Upon adoption of the resolution, the City will comply with all HCD requirements with regard to notifying public agencies and income-eligible housing developers of the availability of surplus property.

MEETING DATE: December 19, 2023
ITEM NO. 4.1(a)
FROM:
***APPROVED BY***
[email protected]
[email protected]
SUBJECT: 4.1(a)--Resolution declaring City-owned property located at 7501 Eastside Road (APN 050-040-010) as surplus property, subject to the retention of an easement(s), if required for public service utilities.

Jason Gibilisco, Management
Assistant to the City Manager
Packet Pg. 62
Report to Redding City Council December 8, 2023
Re: 4.1(a)--Resolution declaring City-owned property surplus Page 2 Environmental Review
The act of declaring the property surplus has no potential to cause a significant impact on the environment. As such, this declaration is exempt from review under California Environmental Quality Act Guidelines per Section 15061 (Common Sense Exemption).

Council Priority/City Manager Goals
• This item is a routine operational item.

Attachments
^Resolution
^Exhibit A Map
Packet Pg. 63
RESOLUTION NO. 2023-___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
REDDING DECLARING APPROXIMATELY 90 ACRES OF
PROPERTY LOCATED AT 7501 EASTSIDE ROAD (APN 050-040-
010) AS SURPLUS PROPERTY, SUBJECT TO THE RETENTION OF

ANY EASEMENT(S), IF REQUIRED, FOR PUBLIC SERVICE

UTILITIES AND FINDING THIS ACTION TO BE

CATEGORICALLY EXEMPT FROM REVIEW UNDER CEQA
GUIDELINES SECTION 15061 COMMON SENSE EXEMPTION
WHEREAS, the City owns property located at 7501 Eastside Road, approximately 90 acres (the "Property") as depicted on Exhibit A, attached and incorporated herein; and WHEREAS, portions of the Property are used for the Clear Creek Wastewater Treatment Plant and hold wastewater treatment ponds; and
WHEREAS, the City has determined that there is not a need to retain the whole designated parcel for public purposes as future expansion will not occur in this space; and WHEREAS, the neighboring parcel to the North is currently owned by the City of Redding and used by the Clear Creek Wastewater Treatment Plant, and the property to the South is owned and operated by Haven Humane Society; and
WHEREAS, any sale of the subject Property would require, if necessary, the retention of an easement(s) for public service purposes; and
WHEREAS, the California Surplus Land Act (California Government Code sections 54220- 54234, inclusive) provides procedures for local governmental entities to follow regarding the sale or long-term lease of City-owned property; and
WHEREAS, Government Code section 54221(b)(1) provides that the City Council must take formal action by resolution at a regular public meeting to declare the Property surplus or exempt surplus before it may take any action to dispose of the Property; and WHEREAS, pursuant to Government Code section 54221(b)(1), property may be considered surplus if it is “not necessary for agency use;”

NOW, THEREFORE, THE CITY COUNCIL HEREBY FINDS, RESOLVES, AND ORDERS as follows:

1. The above recitals are true and correct and are hereby adopted as findings of fact and law.

2. The Property is hereby declared surplus, subject to the retention of an easement(s), if required, for public service purposes.

Packet Pg. 64
Attachment: ^Resolution (4.1(a)--Resolution declaring City-owned property surplus)

3. The City Manager is authorized and directed to issue a notice of availability of the Property for sale or lease pursuant to the Surplus Land Act.

4. Declaring the Property as surplus is categorically exempt from review under the California Environmental Quality Act Guidelines Section 15061 (Common Sense Exemption).

I HEREBY CERTIFY that the foregoing resolution was introduced at a regular meeting of the City Council of the City of Redding on the 19th day of December, 2023, and was duly adopted at said meeting by the following vote:

AYES: COUNCIL MEMBER:

NOES: COUNCIL MEMBER:

ABSENT: COUNCIL MEMBER:

ABSTAIN: COUNCIL MEMBER:
____________________________________
TENESSA AUDETTE, Mayor
ATTEST: APPROVED AS TO FORM:
_________________________________ ____________________________________ SHARLENE TIPTON, City Clerk NATALIA K. EBERSOLE,
Interim City Attorney
Packet Pg. 65
Attachment: ^Resolution (4.1(a)--Resolution declaring City-owned property surplus) E
xhibitA
ReddingGIS
Parcel
November21,2023

00.0750.150.3mi

00.10.20.4km
1:9,028
CityofReddingGIS
Packet Pg. 66 Internal Map Viewer
Attachment: ^Exhibit A Map (4.1(a)--Resolution declaring City-owned property surplus)

CITY OF REDDING

REPORT TO THE CITY COUNCIL
Recommendation
Authorize the City Manager to negotiate and execute the Housing and Homelessness Incentive Program Award Recipient Agreements as approved by the Redding City Council at its December 5, 2023, meeting; and authorize Development Services staff to make the required California Environmental Quality Act findings/determinations as necessary for each respective agreement.

Fiscal Impact
To date, the City of Redding (City) has received $3,060,519 in Housing and Homelessness Incentive Program (HHIP) funding from Partnership Health Plan of California (Partnership). Of this amount, $760,519 was set-aside for administration and three contracts. In addition, on November 7, 2023, City Council (Council) allocated $625,000 to the City’s Crisis Intervention Response Team’s street outreach program and to a Homeless Management Information System Project (HMIS) operated by the United Way of Northern California.

On December 5, 2023, Council approved the remaining $1,675,000 of HHIP funds to support six other qualifying activities as noted in the attached table. There is no impact to the General Fund.

Alternative Action
The Council may choose to not approve staff’s recommendation and provide direction to staff.

MEETING DATE: December 19, 2023
ITEM NO. 4.1(b)
FROM:
***APPROVED BY***
[email protected]
[email protected]
SUBJECT: 4.1(b)--Authorize the City Manager to Negotiate and Execute the Housing and Homelessness Incentive Program (HHIP) Award Recipient Agreements Barry Tippin, City Manager
Packet Pg. 67
Report to Redding City Council December 14, 2023
Re: 4.1(b)--Authorize the City Manager to Negotiate and Execute HHIP Agreements Page 2 Background/Analysis
On October 18, 2022, Council voted to accept funding through Partnership for the HHIP incentive payments. Payments were received from Partnership in March 2023 and June 2023. To date, the City has received $3,060,519 in incentive funds from Partnership.

In July 2023, the City of Redding Housing Division released a Request for Proposals, received proposals, conducted a rating and ranking of these proposals and eventually sought Council’s approval to award funds.

At its meeting on November 7, 2023, Council granted approval to fund two awardees in a total amount of $625,000 (United Way of Northern California/United for Housing Success $250,000 and City of Redding/Street Outreach/Emergency Shelter $375,000) leaving a remaining balance to fund of $1,675,000.

At its meeting on December 5, 2023, Council approved funding to the remaining awardees.

Staff is requesting that the City Manager be authorized to negotiate and execute the agreements required to disperse the remaining $1,675,000 funds as authorized by Council.

Environmental Review
Each agreement will be analyzed and a California Environmental Quality Act determination will be processed, as needed, before any commitments or agreements are executed with the subrecipients.

Council Priority/City Manager Goals
• Government of the 21st Century – “Be relevant and proactive to the opportunities and challenges of today’s residents and workforce. Anticipate the future to make better decisions today.”
Attachments
^12052023_Council Staff Report_HHIP
HHIP Award Recommendations_11072023
^HHIP Requests and Recommended Awards_11072023
Packet Pg. 68

CITY OF REDDING

REPORT TO THE CITY COUNCIL
Recommendation
Provide direction to staff regarding Housing and Homelessness Incentive Program funding and consider appointing two Council Members to serve as the rating and ranking committee should a request for proposals be approved for issuance.

Fiscal Impact
In November 2022, the City executed a Memorandum of Understanding (MOU) with Partnership Health Plan of California (Partnership) for the Housing and Homelessness Incentive Program (HHIP) funding in an amount up to $7,649,507. To date, the City of Redding (City) has received $3,060,519 in HHIP funding from Partnership. Of this amount, $760,519 was set-aside for administration and three contracts not subject to procurement. In addition, on November 7, 2023, City Council (Council) allocated $625,000 to the City’s Crisis Intervention Response Team’s street outreach program and to a Homeless Management Information System Project (HMIS) operated by the United Way of Northern California.

The current balance of HHIP funds available for projects is $1,675,000. This amount may be used to fund programs and projects that reduce and prevent homelessness through local nonprofits and agencies who assist the homeless Medi-Cal population.

All HHIP funds must be expended by December 31, 2027. HHIP projects will not impact the General Fund.

Alternative Action
The Council may choose not to provide HHIP direction and staff could bring the request back to Council at a later date.

MEETING DATE: December 5, 2023
ITEM NO. 9.2(a)
FROM:
***APPROVED BY***
[email protected] [email protected]
SUBJECT: 9.2(a)--Consider providing direction regarding the Housing and Homelessness Incentive Program.

Steve Bade, Assistant City
Manager
Packet Pg. 69
Attachment: ^12052023_Council Staff Report_HHIP (4.1(b)--Authorize the City Manager to Negotiate and Execute HHIP Agreements) Report to Redding City Council November 29, 2023
Re: 9.2(a)--Provide Direction regarding HHIP Page 2
Background/Analysis
In accordance with the American Rescue Plan Act of 2021, the Department of Health Care Services (DHCS) developed a series of initiatives that would enhance and expand Medi-Cal community-based services. One of these inititatives is the HHIP - a Medi-Cal program that provides funding and incentives for Managed Care Plans (MCP) to improve health outcomes and access to care by addressing housing insecurity and instability as social determinants to health for the Medi-Cal population. Partnership is the MCP provider for Shasta County.

On October 18, 2022, Council voted to accept funding through Partnership for HHIP incentive payments. Payments were received from Partnership in March 2023 and June 2023 - to date, the City has received $3,060,519 in incentive funds from Partnership.

Partnership has the opportunity to earn incentive payments with the achievement of specific State-established targets and reported metrics that measure the benefit to the homeless Medi-Cal member population in Shasta County. The reported metrics are related to DHCS goals and strategies for HHIP funds that include:
• Develop partnerships between MCPs and social service agencies, counties, public health agencies, and public and community-based housing agencies to address homelessness;
• Provide rapid rehousing for Medi-Cal families and youth, and interim housing for aging and disabled populations;
• Expand access to housing services and street medicine programs; • Improve access to coordinated housing, health and other social services; • Reduce avoidable use of costly health care services;
• Improve whole person health for Medi-Cal enrollees, including behavioral health treatment and resources; and
• Implement solutions that manage information to better identify populations of focus and Member needs.

Considering these strategies, pursuant to the MOU, HHIP funding was initially budgeted to fund categories that include: rapid rehousing; street outreach; services coordination; delivery of permanent housing; prevention and shelter diversion; interim sheltering; and data infrastructure/systems improvement. The MOU is attached for further reference. Modifications to these categories and budget would need to be mutually approved by Partnership and the City.

Attached is a copy of the request for proposals that was issued in July of 2023. The Council may wish to review this document and provide direction as to what changes are needed to meet the Council’s direction.

Given the City Council’s interest in this, and other like funding sources, Staff would recommend that the Council assign two of its members to serve as the rating and ranking committee to review and score any applications received.

Environmental Review
This is not a project as defined under California Environmental Quality Act, and no further action is required.

Packet Pg. 70
Attachment: ^12052023_Council Staff Report_HHIP (4.1(b)--Authorize the City Manager to Negotiate and Execute HHIP Agreements) Report to Redding City Council November 29, 2023
Re: 9.2(a)--Provide Direction regarding HHIP Page 3
Council Priority/City Manager Goals
• Government of the 21st Century – “Be relevant and proactive to the opportunities and challenges of today’s residents and workforce. Anticipate the future to make better decisions today.”
• Economic Development – “Facilitate and become a catalyst for economic development in Redding to create jobs, retain current businesses and attract new ones, and encourage investment in the community.”
Attachments
^HHIP NOFA Housing and Homelessness Incentive Program - City of Redding ^HHIP Scoring Rubric - Rating and Ranking
^HHIP MOU - City of Redding - Executed
Packet Pg. 71
Attachment: ^12052023_Council Staff Report_HHIP (4.1(b)--Authorize the City Manager to Negotiate and Execute HHIP Agreements)

CITY OF REDDING

REPORT TO THE CITY COUNCIL
Recommendation
Authorize the following actions relative to the Housing and Homelessness Incentive Program:
(1) Approve the fund distribution as recommended and identified in the attached table for funding in the total amount of $2,300,000;
(2) Direct the City Manager, or designee, to award, negotiate and execute agreements with each subrecipient, and allocate the Housing and Homelessness Incentive Program funds; and
(3) Determine that allocating grant funding is not considered a project under the California Environmental Quality Act.

Fiscal
To date, the City has received $3,060,519 in Housing and Homelessness Incentive Program (HHIP) funds from Partnership Health Plan (Partnership). Of this amount, $760,519 was setaside for administration and three contracts.

The amount of HHIP funds available through the Request for Proposal process is $2,300,000.

This amount will be used to fund programs and projects that reduce and prevent homelessness through local nonprofits and agencies who assist the homeless Medi-Cal population. All HHIP funds must be expended by December 31, 2027. However, service provider contracts will likely have a shorter contract term.

HHIP projects will not impact the General Fund.

Alternative Action
The City Council (Council) may choose to revise the recommended funding allocations. This alternative would delay contracts to awarded service providers.

MEETING DATE: November 7, 2023
ITEM NO. 9.2(b)
FROM:
***APPROVED BY***
[email protected] [email protected]
SUBJECT: 9.2(b)--Consider Housing and Homelessness Incentive Program funding award recommendations.

Steve Bade, Assistant City
Manager
Packet Pg. 72
Attachment: HHIP Award Recommendations_11072023 (4.1(b)--Authorize the City Manager to Negotiate and Execute HHIP Agreements) Report to Redding City Council October 31, 2023
Re: 9.2(b)--Approve the Housing and Homelessness Incentive Program Award Recommendation Page 2
Background/Analysis
In accordance with the American Rescue Plan Act of 2021, the Department of Health Care Services (DHCS) developed a series of initiatives that would enhance and expand Medi-Cal community-based services. One of these inititatives was HHIP. HHIP is a Medi-Cal program that provides funding and incentives for Managed Care Plans (MCP) to improve health outcomes and access to care by addressing housing insecurity and instability as social determinants of health for the Medi-Cal population. Partnership is the MCP for Shasta County and has the opportunity to earn incentive payments with the achievement of specific State-established targets and reported metrics that measure the benefit to the homeless Medi-Cal member population in Shasta County.

DHCS made incentive payments to Partnership through a formula allocation based on Partnership’s Medi-Cal membership, associated revenue and the Point-In-Time Count for Shasta County. DHCS made it clear that the intention of the HHIP funds are to bolster housing and homelessness-focused efforts and investments at the local level with partners who are leading housing and homelessness-related efforts within their community. As such, Partnership connected with Shasta County in an effort to distribute the funds to the community to assist the target population. At that time, Shasta County as the Lead Agency to the NorCal Continuum of Care, was hesitant to fill this role due to competing priorities. The City, to ensure the funds would be utilized to assist the target population in our community, connected with Parthership and volunteered to fill this role and act as the HHIP administrator.

On October 18, 2022, Council voted to accept funding through Partnership for HHIP incentive payments. Payments were received from Partnership in March 2023 and June 2023. To date, the City has received $3,060,519 in incentive funds from Partnership.

On July 17, 2023, the Housing Division released an RFP - twelve proposals were received, totaling $8,965,756. A Rating and Ranking Committee (Committee) was selected, consisting of community members Kelsi Halverson, Roxanne Burke, Blake Fisher, and Kristen Schreder. The Committee met on September 26, 2023, to rate and rank the proposals. On October 24, 2023, final recommendations were approved with the assistance of the City Manager’s office. Eight entities are recommended for funding as detailed in the attached HHIP Requests and Recommended Awards document. Staff is requesting that the City Manager be authorized to negotiate and execute the agreements required to disperse the funds and ensure they are spent as planned.

As previously mentioned, specific metrics and data targets were established by DHCS. Should Shasta County meet these specific data targets, additional HHIP payments may be provided in the amount up to $3,824,754. Staff will return to Council with proposed plans on how to allocate any additional HHIP funds that will enhance the City’s systems-level response to improve and decrease the homeless population in Shasta County.

Environmental Review
This is not a project as defined under California Environmental Quality Act, and no further action is required. Any projects ranked as eligible for funding will be reviewed under the National Environmental Policy Act before any commitments or agreements are executed with subrecipients.

Packet Pg. 73
Attachment: HHIP Award Recommendations_11072023 (4.1(b)--Authorize the City Manager to Negotiate and Execute HHIP Agreements) Report to Redding City Council October 31, 2023
Re: 9.2(b)--Approve the Housing and Homelessness Incentive Program Award Recommendation Page 3
Council Priority/City Manager Goals
• Government of the 21st Century – “Be relevant and proactive to the opportunities and challenges of today’s residents and workforce. Anticipate the future to make better decisions today.”
• Economic Development – “Facilitate and become a catalyst for economic development in Redding to create jobs, retain current businesses and attract new ones, and encourage investment in the community.”
Attachments
^HHIP Requests and Recommended Awards
Staff Report October 18 2022
Packet Pg. 74
Attachment: HHIP Award Recommendations_11072023 (4.1(b)--Authorize the City Manager to Negotiate and Execute HHIP Agreements) Organization Name Project Name Project Description Amount Requested Minimum Amount
Agency Will Accept
Recommended
Award
City of Redding Street Outreach/Emergency Shelter Funding for Crisis Intervention Response Teams (CIRT) and motel funds for CIRT contacts $750,000.00 $375,000.00 $375,000.00 Good News Rescue Mission Sober Living Project
Remodel GNRM owned home to be used for permanent
supportive sober living for 4-6 individuals and/or women and children
$592,220.00 $75,460.00 $75,000.00
Good News Rescue Mission Day Resource Center
Funding for three full time staff to implement Day Resource Center at GNRM providing community resources and
activities. This will supplement other funding for this project. $446,500.00 $333,200.00 $112,000.00
Hill Country Community
Clinic
Case Management Support for Oakwood
MHP and Street Outreach
Funding a joint application: $75,000 for Shasta County Office of Education for emergency shelter and case management to homeless youth; $56,500 to Hill Country for case
management services to homeless patients; $70,000 to
Ready for Life for transitional housing, case management, and expansion of a support center for youth.
$549,210.00 $271,104.00 $201,500.00
No Boundaries Transitional
Housing Inc
Expansion or Bust
Funding for emergency shelter for people who are homeless, and staffing expenditures. $953,400.00 $250,000.00 $250,000.00 Shasta Community Health
Center
HOPE Street Outreach
Funding for staffing and operating costs to expand the
existing Street Medicine Program through the mobile HOPE program. Services to include housing navigation, supportive and medical services, increased veterinary care for pets, and storage needs.
$592,837.00 $120,438.00 $551,500.00
United Way of Northern
California Redding Micro Shelter Initiatives
Joint project with Goodwater Crossing at St. James Lutheran church. Funding to support both microshelter projects
including staffing and operations.
$694,391.00 $350,000.00 $485,000.00
United Way of Northern
California United for Housing Success
Funding to support staffing, training, and infrastructure for the Homeless Management Information System (HMIS)
including the Coordinated Entry Program.
$592,908.00 $250,000.00 $250,000.00
Hill Country Community
Clinic Oakwood Mobile Home Park
Funding to rehabilitate Oakwood Mobile Home Park owned
by Rolling Oak LLC, with a goal to set up 20 manufactured homes to be used for permanent supportive housing.
$1,735,900.00 $870,000.00 $0.00
Pathways to Housing Medical Respite Expansion Building
Funding to expand medical respite beds from 15 to 30 by purchasing or leasing a facility. Funding included two full time case managers.
$980,000.00 $750,000.00 $0.00
FaithWorks Community
Coalition Inc Carrol's Court
Funding to purchase an additional facility for transitional housing for chronically homeless individuals. Funding included a portion of three staff salaries.
$685,270.00 $685,270.00 $0.00
Good News Rescue Mission Street Outreach Project
Funding to implement a Street Outreach program, including a vehicle and 2.5 FTE employees $393,120.00 $150,000.00 $0.00 Total Requested $8,965,756.00 $4,480,472.00 $2,300,000.00 Amount available $2,300,000.00 $2,300,000.00
Deficit -$6,665,756.00 -$2,180,472.00
Housing and Homelessness Incentive Program (HHIP) Requests and Recommended Awards Packet Pg. 75
Attachment: ^HHIP Requests and Recommended Awards_11072023 (4.1(b)--Authorize the City Manager

CITY OF REDDING

REPORT TO THE CITY COUNCIL
Recommendation
Authorize Airport Division staff to release a Request for Proposals package for non-aeronautical development at Redding Regional Airport properties that include 6755 Lockheed Drive (APN 054-640-001) and 6809 Lockheed Drive (APN 056-610-008) and portions of 3730 Flight Avenue (APN 054-280-005) and 6783 Woodrum Circle (APN 056-010-025).

Fiscal Impact
The Airports Division will incur minor costs from fees associated with advertising the Request for Proposals (RFP). The Airports Division intends to recover fair market value from long-term leases awarded from this RFP. Depending on the nature of non-aeronautical business activities proposed, additional rates and charges may further diversify airport revenues resultant from the proposed RFP.

Alternative Action
City Council may choose not to approve the RFP for non-aeronautical development and provide additional direction to staff
Background/Analysis
The City of Redding (City) is the owner, operator, and airport sponsor of the Redding Regional Airport (Airport), which is a non-hub, primary commercial service airport. Pursuant to the Airport Improvement Program, the City’s goal is to operate the airport in a manner that is as economically self-sustainable, as is practical. A key component for the economic sustainability are long-term leases for land use at airports, these leases can be categorized as either aeronautical or non-aeronautical. A non-aeronautical development is a land-use which does not primarily serve the purposes of aviation and can include rental car facilities, storage, retail, dining, hotels, land-vehicle gas stations, etc., whereas by contrast an aeronautical use includes aircraft MEETING DATE: December 19, 2023
ITEM NO. 4.2(a)
FROM:
***APPROVED BY***
[email protected] [email protected]
SUBJECT: 4.2(a)--Approve release of Request For Proposals for Non-Aeronautical Development at the Redding Regional Airport
Steve Bade, Assistant City
Manager
Packet Pg. 76
Report to Redding City Council December 14, 2023
Re: 4.2(a)--Approve release of RFP for Non-Aeronautical Development Page 2 manufacturing, aircraft loading or unloading facilities, hangars, Fixed Base Operators, aircraft maintenance, etc.

Rates and charges for aeronautical users are regulated by federal statutes and policies of the Federal Aviation Administration (FAA), on the other hand, the FAA expects that airports will recover fair market value rents and other rates and charges, as appropriate, from non-aeronautical users. This could enable airports to diversify income with a steady stream of rental payments and concessions from non-aeronautical users of airport land.

Before land at an airport can be used or developed for non-aeronautical uses, the FAA must approve of the use and also release the land for non-aeronautical use. These processes are both lengthy and subject to the approval of the FAA. While not in control of this review process, the City may help influence these reviews through strong support of the proposed land use.

The Airport retains two parcels, west of Airport Road, which have already been released for nonaeronautical land use by the FAA. These parcels are included in the RFP package and are presented in Exhibit A. Additionally, as proposed in the RFP, the City would be seeking proposals for interest in other areas, along the east frontage of Airport Road - portions of APNs 054-280-005 and 056-010-025, not currently released for non-aeronautical use or development.

The specific portions of these two properties will be further described as staff negotiates the potential lease that will be brought back to Council for consideration at a later date. The subject properties are highlighted in the RFPs Exhibit A.

This RFP is consistent with the Airport Strategic Plan to diversify revenue streams for the Airport Enterprise Fund. In 2022, these subject properties were declared exempt surplusResolution 2022-002.

Environmental Review
This activity is not a project as defined by the California Environmental Quality Act and, no action is needed. Selected proposals from this RFP receiving an award will return to Council at a future date for further consideration and approval.

Council Priority/City Manager Goals
• Budget and Financial Management – “Achieve balanced and stable 10-year Financial Plans for all funds.”
• Economic Development – “Facilitate and become a catalyst for economic development in Redding to create jobs, retain current businesses and attract new ones, and encourage investment in the community.”
Attachments
Draft RFP (Non-Aeronautical)
Sample Lease Agreement
Non-Aeronautical Development RFP - Site Map
Packet Pg. 77
1 REQUEST FOR PROPOSALS

FOR NON-AERONATICAL DEVELOPMENT ON AIRPORT PROPERTY

LOCATED AT THE REDDING REGIONAL AIRPORT

REDDING REGIONAL AIRPORT

REDDING, CALIFORNIA
SCHEDULE NUMBER: ____
JANUARY 2024

CITY OF REDDING

AIRPORTS DIVISION
6751 WOODRUM CIRCLE, SUITE 200
REDDING, CA 96002
Packet Pg. 78
Attachment: Draft RFP (Non-Aeronautical) (4.2(a)--Approve release of RFP for Non-Aeronautical Development) 2 INTRODUCTION/STATEMENT OF PURPOSE
The City of Redding (City’s) is the owner, operator, and airport sponsor of the Redding Regional Airport (RDD) and Benton field (085) which are incorporated into the by the City’s Airports Division. Among other duties, the Airports Division is responsible for property management at RDD and 085. The Redding Regional Airport (RDD) is a non-hub primary airport with commercial air service and general aviation traffic. Benton Field (085) is a general aviation airport with no commercial passenger air service. The Federal Aviation Administration (FAA) is the primary regulator of airport land use and holds the ultimate authority to approve or disapprove proposed land uses on airport property. Development on airport property in the United States can be generally categorized as either aeronautical or non-aeronautical. The distinction between aeronautical and non-aeronautical is sufficient because of the additional procedural steps required by the airport sponsor and the FAA to both release property for and approve of a non-aeronautical development. A non-aeronautical development is a land-use which does not primarily serve the purposes of aviation and can include rental car facilities, storage, retail, dining, hotels, land-vehicle gas stations, etc., whereas by contrast an aeronautical use includes aircraft manufacturing, aircraft loading or unloading facilities, hangars, Fixed Base Operators, aircraft maintenance, etc.

Federally conveyed or federally acquired land must be used for airport purposes until the FAA approves or consents to a change in land use. The Airports Division has identified certain areas of airport property at the Redding Regional Airport (RDD) which are released of certain Federal obligations by the FAA for non-aeronautical development and which the airport sponsor would potentially approve of the development of a non-aeronautical land-use. The Airports Division is also accepting proposals for certain additional areas of airport property which have not been released by the FAA for non-aeronautical development at this time but for which the City could potentially support successful proposals by attempting to achieve a release for non-aeronautical development for those areas from the FAA. The FAA's decision to approve or consent to a nonaeronautical or mixed land use or to release Federal obligations depends on the obligating documents, the current and future aeronautical need for the property, and the requested land use.

The areas of airport property at the Redding Regional Airport (RDD) are more clearly delineated in exhibits to this RFP document.

The Airports Division is seeking proposals and interest for multiple opportunities related to nonaeronautical development on the specified areas of airport property at the Redding Regional Airport (RDD). Successful proposals are proposals that (1) represent the highest-and-best-use of the specified land area, (2) the breadth of additional services provided in the vicinity of the airport and, specifically to airport passengers, (3) provide a reasonable financial return to the Airport Enterprise Fund – which is tasked with being economically self-sufficient as a matter of federal statute – and, (4) that are consistent with long-range planning documents including the City of Redding General Plan (as adopted), the Redding Regional Airport Master Plan, and the Airport Strategic Plan. Long-range planning documents are available for viewing at the Airports Administration office located on the second floor of the Redding Regional Airport passenger terminal or online (as available). The Airports Division expects to receive proposals which Packet Pg. 79
Attachment: Draft RFP (Non-Aeronautical) (4.2(a)--Approve release of RFP for Non-Aeronautical Development) 3 demonstrate business competence, level experience, financial capacity, and commitment to longterm projects.

Successful proposals responding to this solicitation will be selected by Airports Division leadership and staff. The Airports Division will negotiate with respondents to negotiate an agreement which will ultimately be awarded by and need the approval of City Council. Any award or agreements will always be contingent upon and subject to the approval of both the FAA and the City’s site development process. The City of Redding does not control the review timeline of the FAA regarding their review and/or release of non-aeronautical developments at RDD. Proposals should anticipate, and the Airports Division expects, that for land areas not already released for non-aeronautical development a lengthy review period may precipitate any eventual development according to the proposal.

SUBMITTAL INSTRUCTIONS
Submit one (1) unbound original and four (4) copies of the proposal in a sealed box or envelope clearly marked with the name of the development entity and labeled: “Request for Proposals, Schedule Number:
____.”
Proposals shall be delivered to the City Clerk of the City of Redding at the address and time as noted on the cover sheet. The City reserves the right to reject at its sole discretion proposals received after the stated time and date.

Facsimile or electronic submission will not be accepted.

REQUIRED PROPOSAL CONTENTS
At a minimum, proposals shall include the following information, in the order indicated below:

1. Transmittal Letter - Include a cover transmittal letter signed by a member of the firm having the authority to enter into contracts on behalf of the organization and acknowledge receipt of all addenda by number (if any were issued). If unsure as to the status of addenda, contact Michelle Kempley, Purchasing Officer, to confirm (phone: (530) 225-4137; email:
[email protected]). Addenda are also posted at:
www.cityofredding.org/PurchasingBids

2. Company Information - Provide name, address, telephone, fax, and e-mail of the development entity and its principals and describe how the development entity is organized, owned, and controlled. Include full names and biographical summaries of company officers and/or principals

3. Development Experience - Describe relevant project experience/role of the development entity in project planning, financing, and construction, with particular emphasis aeronautical development on airport properties. Provide elevations, site plans, and photographs for the most relevant three projects completed within the last five years.

Specifically describe what role the development entity or its principals have played in aeronautical or non-aeronautical development projects at commercial air service airports – specifically other non-hub primary airports, if applicable – from initial planning to buildout, specifying such roles as either “lead” or “support.” Packet Pg. 80
Attachment: Draft RFP (Non-Aeronautical) (4.2(a)--Approve release of RFP for Non-Aeronautical Development) 4 4. Development Approach - Describe the development entity’s project management and organization approach, including the development team structure for this project, clearly showing lines of responsibility, including all subcontractors.

5. References - Provide credit, financial, or banking references, including contact names, phone numbers, and e-mail addresses. Reference information obtained for the purposes of this RFP will be kept confidential.

6. Project Description - Provide a description of the development plans for the project site including the following:
a. Site Plans showing the location and orientation of structures, pads, aprons, taxiways, or any other improvements.
b. Business Plans demonstrating added value of the proposed development to the Redding Regional Airport and including projected cash flow over lease term.

EVALUATION CRITERIA
Submissions which are submitted complete and on-time will be evaluated by City staff. The Airports Division may opt to schedule interviews to further determine whether and which entities most closely match the objectives of this solicitation. Submissions will be evaluated based on the following criteria:
• Development entity experience in planning, designing, building, and/or operating nonaeronautical airport development at airports of similar size and traffic (non-hub primary). • The qualifications and experience of key personnel and members of the development team included in the proposal, including any identified and named partners or subcontractors. • The financial strength of the development and its likely capacity to achieve the proposed activity for non-aeronautical development on airport property. • Development entity experience operating commercial enterprises on airport properties or other related public lands which are subject to significant federal regulation. • The scope of services provided to the area surrounding the airport as well as the scope of services provided to passengers and other users (pilots, general aviation, employees of other airport businesses, etc.).
• Project consistency with federal, state, and local long-range planning related to land-use at the Redding Regional Airport including the City of Redding General Plan, the RDD Airport Master Plan, and the Airport Strategic Plan.
• Additional consideration for businesses which are strategically co-located with other existing or planned aeronautical or non-aeronautical development at the Redding Regional Airport, or for synergy with other proposals received during this solicitation.

The City reserves the right to reject any or all proposals, in part or in their entirety. For otherwise successful proposals which are not selected for a specified site, the Airports Division may choose to offer alternative sites made available through this solicitation during negotiations. The Airports Packet Pg. 81
Attachment: Draft RFP (Non-Aeronautical) (4.2(a)--Approve release of RFP for Non-Aeronautical Development) 5 Division may request permission after the close date of the solicitation during review connect entities whose proposals closely synergize or which may form a beneficial partnership with each other for further negotiations. In addition, the City will award any resulting contract in a manner consistent with the City Purchasing Ordinance.

SELECTION PROCESS TIMEFRAME
Release of RFP to Developers January 8, 2024
Questions due by 5:00 p.m. January 22, 2024
Addendum issued (if necessary) January 29, 2024
Response due to City by 3:00 p.m. February 12, 2024
Analysis of Proposals February 19 – 23, 2024
Interviews (if necessary) March 4 – 8, 2024
Negotiation of Development Agreement March 11 – March 22, 2024 Recommendation to City Council and Approval
of Contract/Development Agreement
April 16, 2024
Commencement of Development Agreement May 1, 2024

CONTACTS
Technical questions:

William Wallace, Management Analyst
City of Redding Airports Division
6751 Woodrum Circle, Suite 200
Redding, CA 96002
(530) 224-4401; [email protected]
Procedural Questions:
_____________, Purchasing Officer
777 Cypress Avenue
Redding, CA 96001
______; ___________
Questions must be submitted in writing to both contacts shown above. All questions, other than procedural ones, must be received no later than 5:00 p.m., PST, Monday, January 22, 2024. At the City’s sole discretion, clarifications deemed material to this project will be shared with all known interested parties by way of formal written addendum which will also be posted to the Purchasing Division website at:
www.cityofredding.org/PurchasingBids .

ATTACHMENTS
Exhibit 1 – Site Maps
Exhibit 2 – Sample Lease Agreement
Packet Pg. 82
Attachment: Draft RFP (Non-Aeronautical) (4.2(a)--Approve release of RFP for Non-Aeronautical Development) EXHIBIT A – SITE MAPS
The sites delineated in red are both already released for non-aeronautical land uses by the FAA and would have the support of the airport sponsor for non-aeronautical development. Alternative Land Area 1 delineated in green is not yet released for non-aeronautical development, however, the airport sponsor generally supports the placement of non-aeronautical land-uses in this area subject to the master plan. Alternative Land Area 2 delineated in purple is not currently released for non-aeronautical land-uses by the FAA and the airport sponsor is accepting responses indicating the level of interest in non-aeronautical development within this area, however, the level of support for non-aeronautical development is undetermined at this time pending the completion of the Airport Master Plan.

Packet Pg. 83
Attachment: Draft RFP (Non-Aeronautical) (4.2(a)--Approve release of RFP for Non-Aeronautical

GROUND LEASE AGREEMENT
This Agreement is entered into as of date, (the “Effective Date”) by and between the City of Redding, a municipal corporation (the “Agreement’), (the “City”), and lessee entity, a organization type, (the “Lessee”).

R E C I T A L S
A. City operates and maintains the Redding Regional Airport (the “Airport”) and is owner of certain real property in the County of Shasta, State of California, described on Exhibit A (the “Property”).

B. Lessee desires to lease from City approximately area square feet of ground space to use and develop description of development.

A G R E E M E N T

1. PREMISES. Lessee desires to lease from City and City desires to lease to Lessee on the terms and conditions contained in this Agreement, area square feet ground area, located adjacent to their existing base operations, legally depicted on Exhibit B, attached hereto and incorporated herein by reference, (the “Premises”).

2. TERM.

A. Lease Commencement: the term will begin after the City Building Division issues an occupancy certificate to Lessee for Lessee’s new hanger (“Occupancy Date”). The term of this Agreement shall be for the period of thirty (30) years, commencing on the Occupancy Date and expiring on at 11:59 p.m. in the calendar year thirty (30) years after the Occupancy Date (the “Initial Term”). This section is to be amended to include the term dates when occupancy certificate is issued by City Building Division.

B. So long as Lessee is not in default under this Agreement, Lessee shall have two (2) five (5) year options to extend the term of this Agreement. If Lessee exercises such option(s), all of the terms of this Lease Agreement shall remain in full force and effect, with the exception of this clause covering Lessee’s option to renew. The option(s) shall be exercised by written notice addressed to City no less than ninety (90) calendar days prior to the expiration of the then current Lease term.

C. Lessee shall exercise the option to extend the Term by written notice to the City no less than ninety (90) calendar days prior to the expiration of the Initial Term. Failure to exercise the option may, in the City’s sole discretion, be considered a forfeiture of the right to exercise the option.

3. USE.

A. The Premises is leased to Lessee for the sole purpose of description of development.

Packet Pg. 84
Attachment: Sample Lease Agreement (4.2(a)--Approve release of RFP for Non-Aeronautical Development) Lessee shall not use or permit the Premises to be used for any other purposes without the prior written consent of the Airports Manager.

B. Lessee shall not engage in the sale of alcoholic beverages at the Premises or Airport without the prior written consent of the Airports Manager.

4. RENTAL PAYMENTS.

A. The monthly rent to be paid by Lessee to the City under this Agreement during the Term of this Agreement (the “Rent”), shall be the following:

1. For the period beginning January 1, 2022, through the end of the Initial Term, the Rent to be paid by Lessee for the Premises shall be the Initial Rent $0.042 per square foot per month (approximately area square feet). Upon the commencement of each additional twelve (12) month period through lease term end date, Lessee shall pay to the City as the monthly Lease Fee, the sum of the then current monthly Rental fee increased by three percent (3%).

2. Lessee shall have two five-year options to extend the term of this Lease. Such options shall extend the initial 30-year term of this Lease for two additional five-year periods, to first extension date, and second extension date, respectively. During any extension, and upon the commencement of each additional twelve (12) month period and during said extension, Lessee shall pay to the City as the monthly Lease Fee, the sum of the then current monthly Rental fee increased by three percent (3%). If Lessee exercises such option(s), all of the terms of this Lease Agreement shall remain in full force and effect, with the exception of this clause covering Lessee' s option to renew. The option(s) shall be exercised by written notice addressed by Lessee to Lessor no less than ninety (90) days prior to the expiration of the then current Lease term.

B. Lessee shall pay to the City all rent for the Premises and all other payments, if any, required by this Agreement, without deduction, set off, prior notice or demand on or before the first ( 1st) day of the month. Payments not paid when due are subject to late fees and penalty charges as shown in the City’s then current Schedule of Fees and Charges. Rent for any partial month shall be prorated based on a thirty (30) day month.

5. UTILITIES. Lessee shall make arrangements for the provision and payment prior to delinquency of any and all utility charges furnished to the Premises, including without limitation, electricity, gas, water, sewer (if the facilities are connected to the sewer in the future), telephone services, garbage and rubbish removal and other public utilities. The City Packet Pg. 85
Attachment: Sample Lease Agreement (4.2(a)--Approve release of RFP for Non-Aeronautical Development) shall have no responsibility to pay for utilities furnished to the Premises, and Lessee shall hold the City free and harmless from all charges for the furnishing of utilities to the Premises.

6. TAXES.

A. Lessee is advised that, pursuant to Revenue and Taxation Code §107.6, a possessory interest subject to taxation may be created by the grant of this lease and that Lessee may be subject to the payment of property taxes levied upon the interest.

B. Lessee shall promptly pay before delinquency any taxes and/or special assessments assessed against the Premises and any improvements and/or Lessee’s personal property, and any possessory interest tax levied by reason of its use and/or occupancy of the Premises. On demand from the City, Lessee shall furnish the City with satisfactory evidence of these payments.

7. CONSTRUCTION BY LESSEE.

A. Duty to Construct. Lessee shall, at Lessee's sole cost and expense, construct or cause to be constructed on the Premises, detailed description of development and construction including Lessee responsibilities for costs and engineering, in the manner and according to the terms and conditions specified in this Article and shall be subject to any necessary permits as required by Redding Municipal Code thereby meeting the requirements of the City Zoning Ordinance, California Buildings Standards Code and the California Fire Code. The duty to construct for the development and any other improvements includes the duty for site preparation, including the removal, if necessary, of any buildings or other structures located on the Premises, the installation or relocation of any utilities and the obtaining of any and all necessary permits, including building and planning permits.

B. Requirement of City’s Written Approval.

1. Nothing contained in this Article 8 is intended to address the requirements or timing of the City of Redding Development Services Department. The City’s approval pursuant to this Section is not intended to be, nor shall it be deemed to be, approval for purposes of receiving a building or use permit.

2. No structure or other improvement of any kind shall be constructed on the Premises unless and until the plans, specifications, and proposed location of that structure or improvement have been approved in writing by the Airports Manager. The submission of plans for the Airports Manager’s approval is for review of preliminary site layout plans and building elevations and is not intended to be nor shall it be deemed a submission for purposes of receiving a Packet Pg. 86
Attachment: Sample Lease Agreement (4.2(a)--Approve release of RFP for Non-Aeronautical Development) building or use permit. Furthermore, no structure or other improvements shall be constructed on the Premises that do not comply with plans, specifications, and locations approved in writing by City.

C. Preparation and Submission of Plans. Lessee shall, at Lessee's own cost and expense, engage a licensed architect or engineer to prepare plans and specifications for the development and other improvements and shall submit to the Airports Manager for approval:

1. Within one hundred eighty (180) days after the effective date of this Lease, two copies of:
a. Drawings and materials in the form of preliminary plans and elevations sufficient to convey the architectural design of the development and other improvements to the Airports Manager, and
b. A statement of estimated construction costs for the development and other improvements prepared by the engaged architect or engineer.

2. The plans and specifications may be submitted to the City Planning and Building Divisions concurrent with the Airports Manager’s review.

3. Within ninety (90) calendar days after approval by Airports Manager of the items specified in Subsection (1) of this Subdivision C, and the obtaining by Lessee of any building permit, variance, use permit, or rezoning or administrative permit required for the development and other improvements, Lessee shall provide the Airports Manager two (2) copies of:
a. Detailed working drawings, plans, and specifications for the development and other improvement; and
b. A revised statement of estimated construction costs for the development and other improvements prepared by the engaged architect or engineer.

D. City’s Approval or Rejection of Plans. Within fifteen (15) days after receipt by Airports Manager of any of the documents submitted to City for approval pursuant to Section 8C of this Lease, the Airports Manager shall either approve those documents by endorsing City's approval on each such document and returning one set of the documents to Lessee, or the Airports Manager shall give written notice to Lessee of any objections City may have to those documents. Within thirty (30) days after service on Lessee of the written notice of City's objections, Lessee shall deliver corrective amendments to the documents to the Airports Manager and City shall, within ten (10) Packet Pg. 87
Attachment: Sample Lease Agreement (4.2(a)--Approve release of RFP for Non-Aeronautical Development) days after receiving the corrective amendments, serve written notice on Lessee of City's approval or rejection of the documents as so amended. City’s failure to comply with the times stated herein shall not constitute approval of Lessee’s plans.

E. Changes in Plans. After approval by the Airports Manager of the documents described in Section 8.C.3 of this Lease, any material change in the plans or specifications for the Hangar and other improvements shall be approved by the City.

City shall give written notice to Lessee of any objections City may have to any proposed changes within twenty (20) days after a written statement of the proposed changes has been given to City by Lessee. Minor changes in work or materials need not be approved by City but a copy of the altered plans and specifications reflecting those changes shall be given to City. For the purposes of this Section, “minor change” means one that does not materially change the exterior appearance, internal plan, location on the Premises or result in a change in the cost of construction of more than Ten Thousand Dollars ($10,000.00). All other changes are material.

F. All Work Under Direction and Supervision of Licensed Contractor. All work required in the construction of the development and other improvements, including site preparation work, landscaping work, and utility installation work, as well as actual construction work on the development and other improvements, shall be performed under the direction and supervision of a competent contractor(s) licensed and in good standing under the laws of the State of California. Such contractor(s) may be an employee of Lessee and shall have a current class B General Contractor’s license issued by the State of California.

1. Lessee shall record that Certificate of Completion promptly within the time specified by law for the recording of that notice; and

2. Lessee shall settle and discharge all liens of record claimed by persons who supplied either labor or materials for the construction of the development and other improvements.

G. Compliance With Law and Standards. The development and other improvements shall be constructed, all work on the Premises shall be performed, and all buildings or other improvements on the Premises shall be erected in accordance with all valid laws, ordinances, regulations, and orders of all federal, state, county, or local governmental agencies or entities having jurisdiction over the Premises; provided, however, that any structure or other improvement erected on the Premises, including the development, shall be deemed to have been constructed in full compliance with all such valid laws, ordinances, regulations, and orders when a valid final Certificate of Occupancy entitling Lessee and sublessees, is so authorized, of Lessee to occupy and use the structure or other improvement has been duly issued by proper governmental agencies or entities. All work performed pursuant to this Lease, or authorized by this Lease, Packet Pg. 88
Attachment: Sample Lease Agreement (4.2(a)--Approve release of RFP for Non-Aeronautical Development) shall be done in a good workmanlike manner and only with new materials of good quality and high standard.

H. Time for Completion. Lessee shall begin substantial construction of the development, pursuant to acquisition of a valid building permit, within twelve (12) months of the effective date of this Lease. Lessee shall cause construction of the development and other improvements to thereafter be diligently pursued without unnecessary interruption, and shall cause the development and other improvements to be completed and ready for occupancy not later than one hundred eighty (180) days after commencement of its construction. Lessee shall be excused for any delays in construction or commencement of construction caused by the act of the act of any public enemy, acts of God, the elements, war, war defense conditions, litigation, strikes, walkouts, or other causes beyond Lessee's control. Lessee shall, however, use reasonable diligence to avoid any such delay and to resume construction as promptly as possible after the delay.

I. Mechanics’ Liens.

1. At all times during the term of this Lease, Lessee shall keep the Premises and all improvements now or hereafter located on the Premises free and clear of all liens and claims of liens for labor, services, materials, supplies, or equipment performed on or furnished to the Premises.

2. Should Lessee fail to pay and discharge or cause the Premises to be released from any such lien or claim of lien within twenty (20) days after service on Lessee of written request from City to do so, City may pay, adjust, compromise, and discharge any such lien or claim of lien on any terms and in any manner that City may deem appropriate unless Lessee is in good faith contesting, opposing or objecting to such lien or claim of lien in compliance with subsection (3) below. In the event Lessee so fails to pay and discharge or cause the Premises to be released from any such lien or claim of lien, Lessee shall, on or before the first day of the next calendar month following any such payment by City, reimburse City for the full amount paid by City in paying, adjusting, compromising, and discharging that lien or claim of lien, including any reasonable attorneys' fees or other costs expended by City, and late fees and penalty charges, as appropriate, as shown in City’s then current Schedule of Fees, together with interest at the then-maximum legal rate from the date of payment by City to the date of repayment by Lessee.

3. Lessee shall have the right to contest, oppose or object in good faith to the amount or the validity of any liens and claims of liens for labor, services, materials, supplies, or equipment performed on or furnished to the Premises, provided that written notice of the contest, opposition or objection must be Packet Pg. 89
Attachment: Sample Lease Agreement (4.2(a)--Approve release of RFP for Non-Aeronautical Development) given to City at least five (5) days prior to Lessee making or filing the contest, opposition or objection. Lessee shall be responsible for and shall pay all costs and expenses in any contest or legal proceeding instituted by Lessee. In no event shall City be subjected to any liability for costs or expenses connected to any contest, and Lessee agrees to indemnify and hold City harmless from any such costs and expenses. Furthermore, no such contest, opposition, or objection shall be continued or maintained unless Lessee has provided to City such further written assurances as City may require within ten (10) days of City’s written request.

J. Zoning and Use Permits. Should Lessee deem it necessary or appropriate to obtain any building permit, use permit, variance, rezoning or administrative permit for the Premises in order to construct or operate the development or any other improvements, City agrees to execute any documents, petitions, applications, and authorizations that may be necessary or appropriate; provided, however, that any such permits, variances, or rezoning shall be obtained at the sole cost and expense of Lessee and Lessee agrees to protect and save City and the property of City, including the Premises, free and harmless from any such cost and expense.

K. Ownership of Improvements.

1. Title to all improvements, including the Hangar, to be constructed on the Premises by Lessee shall be owned by Lessee until expiration of thirty (30) years from the commencement date of this Lease or earlier termination of this Lease. All improvements, including the Hangar, on the Premises at the expiration of the term or earlier termination of this Lease shall, without compensation to Lessee, then automatically and without any act of Lessee or any third party become City's property. Lessee shall surrender the improvements to City at the expiration of the term or earlier termination of this Lease, free and clear of all liens and encumbrances, other than those, if any, permitted under this Lease or otherwise created or consented to by City.

Without taking any action to alter the function or habitability of the improvements or to reduce the economic value of the same, Lessee agrees to execute, acknowledge, and deliver to City any instrument requested by City as necessary in City's opinion to perfect City’s right, title, and interest to the improvements and the Premises.

2. Lessee shall have the right to remove such personal property, machinery, and equipment as may be removed without threat to the structural integrity of any building or improvement. If damage results from the removal of any such items, Lessee shall repair such damage at its sole expense.

Packet Pg. 90
Attachment: Sample Lease Agreement (4.2(a)--Approve release of RFP for Non-Aeronautical Development)

8. INDEMNIFICATION. Lessee shall indemnify and defend the City, its officers, officials, employees, agents and volunteers, against and hold them harmless from any and all claims, losses, damages, civil penalties, and liability for damages, including reasonable attorneys’ fees and other costs of defense incurred by the City, whether for damage to or loss of property or injury to or death of person(s), including properties of the City and injury to or death of the City’s officers, officials, employees, agents and volunteers, arising out of or resulting from Lessee’s possession or use of the Premises or activities hereunder or from the actions of Lessee’s officers, employees, agents and invitees, unless such damage, loss, injury or death is caused by the sole negligence or willful misconduct of the City. Lessee’s obligations under this Section shall survive termination or expiration of this Agreement.

9. INSURANCE.

A. Unless modified in writing by City’s Risk Manager, Lessee shall maintain, during the duration of this Agreement, the following insurance from an insurance company authorized to do business in the State of California. The cost of such insurance shall be born by Lessee. Subject to policy terms, conditions, limitations and exclusions, coverage shall be at least as broad as:

1. Insurance Services Office form number CG-00 01, Commercial General Liability Insurance, in an amount not less than $2,000,000 per occurrence and $4,000,000 general aggregate for bodily injury and property damage liability, personal injury and advertising injury liability, medical payments and, as applicable, products-completed operations coverage, explosion, fueling, defueling and refueling operations.

2. Aircraft Liability, in respect of all aircraft owned, leased, hired, borrowed or operated, including passengers and non-passengers, and including contractual liability coverage in an amount not less than $1,000,000 per each occurrence for bodily injury and property damage, with a sublimit per passenger of no less than $100,000.

3. Insurance Services Office form number CA-0001 (Ed. 1/87), Comprehensive Automobile Liability Insurance, which provides for total limits of not less than $1,000,000 combined single limits per accident applicable to all owned, nonowned and hired vehicles.

4. Statutory Workers’ Compensation required by the Labor Code of the State of California and Employers' Liability Insurance in an amount not less than $1,000,000 per occurrence. Both the Workers’ Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents and volunteers.

Packet Pg. 91
Attachment: Sample Lease Agreement (4.2(a)--Approve release of RFP for Non-Aeronautical Development)

5. Property Insurance against all risks of loss to any tenant improvements, betterments, and contents at full replacement value. The property insurance policy shall contain a waiver of subrogation in favor of City, its officers, officials, agents, employees and volunteers.

B. Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City.

C. Other Insurance Provisions. The general liability policies are to contain or be endorsed to contain the following provisions:

1. The City, its officers, officials, employees, agents and volunteers are to be covered as additional insured as respects liability arising out of work or operations performed by or on behalf of Lessee; premises leased or used by Lessee; or automobiles owned, leased, hired or borrowed by the Lessee. The coverage shall contain no special limitations of the scope of protection afforded to the City, its officers, officials, employees, agents or volunteers.

2. City, its elected officials, officers, employees, and agents are to be covered as additional insured as respects liability arising out of work or operations performed by or on behalf of Consultant; premises owned, leased or used by Consultant; or automobiles owned, leased, hired or borrowed by Consultant.

3. Lessee’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, agents or volunteers but only as respects claims arising from the sole negligence of the Lessee. Any insurance or selfinsurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of the Lessee’s insurance and shall not contribute with it.

4. Coverage shall state that Lessee’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

D. Cancellation Clause. Each insurance policy required by this section shall be endorsed to state that coverage shall not be canceled except after thirty (30) days’ prior written notice has been given to the City.

E. Certificate Holder. The Certificate Holder shall be the City of Redding, 777 Cypress Avenue, Redding CA 96001.

F. Sublessees. Sublessees shall be required to procure and maintain insurance applicable to their service and/or operation and meet the insurance requirements set forth in this Packet Pg. 92
Attachment: Sample Lease Agreement (4.2(a)--Approve release of RFP for Non-Aeronautical Development) Section. City shall determine the type(s) of insurance to be provided by Sublessee.

G. Acceptability of Insurers. Insurance is to be placed with insurers admitted to conduct business in the State of California with a current A.M. Best’s rating of no less than A- :VII.

H. Verification of Coverage. Lessee shall furnish the City with certificates of insurance and original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf.

I. Coverage. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Lessee thirty (30) days’ advance written notice of such change.

J. The requirements as to the types and limits of insurance coverage to be maintained by Lessee as required by Section 9 of this Agreement, and any approval of said insurance by City, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by Lessee pursuant to this Agreement, including, without limitation, provisions concerning indemnification.

K. At every five (5) year anniversary during the initial term of this Agreement or any option term, the City Attorney or Risk Manager may modify the insurance requirements set forth herein and, upon written notice from the City Attorney or Risk Manager of the change in insurance requirements, Lessee shall satisfy said insurance requirement within thirty (30) calendar days.

10. MAINTENANCE AND REPAIRS.

A. Lessee shall, at Lessee’s sole cost and expense and at all times during the term, maintain the Premises in a safe and attractive condition and in the same condition as received at the beginning of the term, ordinary wear and tear excepted. Lessee shall do, or cause to be done without delay, all those things which, in the opinion of the Airports Manager, are necessary or desirable in the interests of safety or to maintain the Premises in good repair and appearance. All damage caused to the Premises and/or Airport by Lessee, its officers, employees, agents and invitees, shall be repaired at Lessee’s sole expense.

B. Lessee shall, at Lessee’s sole cost and expense and at all times during the term, be responsible for the following:

Packet Pg. 93
Attachment: Sample Lease Agreement (4.2(a)--Approve release of RFP for Non-Aeronautical Development)

1. Sweeping and maintaining the aircraft and vehicle parking aprons in a clean condition;

2. Conduct vegetation and weed management.

11. ALTERATIONS AND ADDITIONS.

A. Lessee shall not make or cause to be made any alterations or improvements to the Premises without first securing the written consent of the Airports Manager. The Airports Manager, in his sole discretion, may impose restrictions upon any proposed alterations or improvements. All such alterations or improvements shall comply with Airport Policy and all applicable building, zoning and fire codes.

B. Any trade fixtures, equipment, and other property brought, installed, or placed by Lessee in or about the Premises shall be and remain the property of Lessee except as otherwise provided herein. Lessee shall have the right at any time during the term hereof to remove any or all of its property, subject to Lessee’s obligation to repair all damage, if any, resulting from such removal.

C. Upon the termination of this Agreement, at the sole option of the City: (1) The alterations or improvements shall become the property of the City and shall remain on the Premises; or (2) Lessee shall remove all alterations or improvements and return the Premises to the City in substantially the same condition as the Premises existed at the commencement of this Agreement.

12. ASSIGNMENT. Lessee shall not voluntarily assign, encumber, or sublet its interest in this Agreement or in the Premises, or allow any other person or entity (except its authorized representatives) to occupy or use any or all part(s) of the Premises, without first obtaining the City’s prior written consent which shall not be unreasonably withheld. Any assignment or encumbrance without the City’s consent shall be voidable and, at the sole election of the City, shall constitute a default of this Agreement. No consent to any assignment or encumbrance shall constitute a further waiver of the provisions of this section.

13. INVOLUNTARY ASSIGNMENT.

A. No interest of Lessee in this Agreement shall be assignable by operation of law. Each of the following acts shall be considered an involuntary assignment:

1. If Lessee is or becomes bankrupt (whether voluntary or involuntary) or insolvent, makes an assignment for the benefit of creditors, or institutes a proceeding under the Bankruptcy Act in which Lessee is the bankrupt; or, if Lessee is a partnership or consists of more than one person or entity, if any Packet Pg. 94
Attachment: Sample Lease Agreement (4.2(a)--Approve release of RFP for Non-Aeronautical Development) partner of the partnership, or other person or entity, is or becomes bankrupt (whether voluntary or involuntary) or insolvent, or makes an assignment for the benefit of creditors;

2. If a writ of attachment or execution is levied on this Agreement;

3. If, in any proceeding or action to which Lessee is a party, a receiver is appointed with authority to take possession of the Premises; or

4. The abandonment or discontinuance of any operation at the Airport by Lessee, or the failure to conduct any service, operation or activity permitted by this Agreement. If this condition exists for a period of fifteen (15) days without the prior written consent of the City, it will constitute an abandonment of the land, facility or location, and this Agreement shall become null and void.

B. An involuntary assignment shall constitute a default by Lessee, and the City shall have the right to elect to terminate this Agreement. In no event shall this Agreement be deemed or treated as an asset of Lessee.

14. NO EXCLUSIVE USE. Nothing contained in this Agreement shall be construed as entitling Lessee to the exclusive use of any services, facilities, or property rights of any nature at the Airport, except the use of the Premises for the purpose and approved use set forth in this Agreement.

15. WASTE; QUIET CONDUCT. Lessee shall not commit or suffer to be committed any waste upon the Premises, or any nuisance or other act or thing which may disturb the quiet enjoyment of any other occupant of or user of the Airport or the City’s adjoining property.

16. STORAGE. Lessee shall not store anything outside of the Premises without the prior written approval of the Airports Manager.

17. RIGHT TO INSPECT.

A. The City and its authorized officers, agents, employees, volunteers, contractors, subcontractors and other representatives shall have the right to inspect the Premises for any purpose, including, but not limited to, the following:

1. To inspect the Premises at reasonable intervals during regular business hours with twenty-four (24) hours prior notice to determine whether Lessee has complied with or is complying with the promises, terms, covenants and conditions of this Agreement;

2. To make repairs, additions, or alterations as may be necessary or convenient Packet Pg. 95
Attachment: Sample Lease Agreement (4.2(a)--Approve release of RFP for Non-Aeronautical Development) for the conduct, safety, improvement, or preservation of the Airport;

3. For emergency purposes; and

4. In the exercise of the City’s police power.

B. No inspection by or on behalf of the City of the Premises shall cause or constitute a termination of this Agreement, or be deemed to constitute an interference with Lessee’s possession or use thereof.

18. RULES AND REGULATIONS; COMPLIANCE WITH LAWS. Lessee shall, at Lessee’s sole cost and expense, comply with all of the requirements of all city, county, state and federal authorities now in force, or which may hereafter be in force, pertaining to Lessee’s possession and use of the Premises, and shall faithfully observe in the use of the Premises all city and county ordinances and state and federal statutes and regulations, now in force or which may hereafter be in force. Lessee’s possession and use of the Premises shall conform to all Airport rules and regulations and local building and fire codes.

19. HAZARDOUS MATERIALS.

A. Hazardous substances or materials include, but are not limited to:

1. Substances which are flammable, explosive, corrosive, radioactive, toxic;

2. Any material or substances defined as hazardous substances, hazardous materials, toxic substances, or hazardous wastes in the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C.

Sections 9601, et seq.), the Resource Conservation and Recovery Act (42 U.S.C. Sections 6901, et seq.), the Hazardous Waste Control Act (California Health & Safety Code Sections 25100, et seq.) the Hazardous Substance Account Act (California Heath & Safety Code Sections 25300, et seq.), California Health and Safety Code Section 25280, et seq., Hazardous Materials Release Response Plans and Inventory or the California Porter-Cologne Water Quality Control Act, (Water Code Sections 13000, et seq.), and all amendments to these laws and regulations adopted or publications promulgated pursuant to these laws;

3. Those asbestos-containing materials defined and described in Environmental Protection Agency Report No. 56/5-85-024 (June 1985) whether or not friable, or any related or successor report, or other applicable government regulations defined or describing such materials;

4. Pesticides as defined by Section 136(u) of FIFRA (7 U.S.C. Section 136) as Packet Pg. 96
Attachment: Sample Lease Agreement (4.2(a)--Approve release of RFP for Non-Aeronautical Development) may be present in soil or groundwater;

5. “Hazardous wastes” as defined in Section 25117 of the California Health and Safety Code, or as a chemical that is known to the State of California “to cause cancer or reproductive toxicity” under the Safe Drinking Waster and Toxic Enforcement Action of 1986, California Health and Safety Code Sections 25249.5, et seq.; and

6. Hazardous materials, substances or waste, or toxic materials, substances or waste as those terms or similar terms are defined by any other federal, state or local law or regulation or orders.

B. Lessee agrees to indemnify, protect, hold harmless, and defend City, its elected officials, officers, employees, agents and volunteers from and against any and all liability, including without limitation, (1) all foreseeable and unforeseeable consequential damages, directly or indirectly arising from the use generation, storage, or disposal of hazardous materials by Lessee, and (2) the cost of any required or necessary repair, cleanup or detoxification and the preparation of any closure or other required plans, to the full extent that such liability is attributable, directly or indirectly, to the presence of use, generation, storage, release, threatened release, or disposal of hazardous materials by Lessee, its officers, employees, agents and/or invitees on the Premises or Airport after the beginning of the term of this Agreement.

C. Lessee releases City from any and all claims Lessee may have against City of whatever kind or nature resulting from or in any way connected with the environmental condition of the Premises, including any and all claims Lessee may have against City under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (“CERCLA”), or any other federal, state, or local law, whether statutory or common law, ordinance, or regulation pertaining to the release of hazardous materials into the environmental from or at the Premises. Lessee expressly waives the benefits of Civil Code Section 1542, which provides as follows: “A general release does not extend to claims which the creditor does not know or expect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
D. Lessee’s obligations under this Section shall survive termination or expiration of this Agreement.

20. SECURITY. Lessee shall completely secure the Premises to prevent unauthorized access to the secure side of the Airport at all times. Lessee shall defend, indemnify, hold harmless and pay any fines imposed upon the City by the Federal Aviation Administration (FAA), Department of Homeland Security (DHS), or Transportation Security Administration (TSA) for violations of security caused by actions of Lessee or its agents, employees, or invitees.

Packet Pg. 97
Attachment: Sample Lease Agreement (4.2(a)--Approve release of RFP for Non-Aeronautical Development) Lessee shall pay such fine within thirty (30) days of written notice from the City of the obligation to pay the fine. Failure to comply with the provisions of this Section is grounds for termination of this Agreement by the City.

21. FEDERAL REQUIREMENTS. To comply with Federal Aviation Administration requirements, Lessee and its officers, administrators, representatives, successors and assigns, as part of the consideration hereof, do hereby covenant and agree:

GENERAL CIVIL RIGHTS PROVISIONS
In all its activities within the scope of its airport program, the Contractor agrees to comply with pertinent statutes, Executive Orders, and such rules as identified in Title VI List of Pertinent Nondiscrimination Acts and Authorities to ensure that no person shall, on the grounds of race, color, national origin (including limited English proficiency), creed, sex (including sexual orientation and gender identity), age, or disability be excluded from participating in any activity conducted with or benefiting from Federal assistance.

This provision is in addition to that required by Title VI of the Civil Rights Act of 1964.

If the Contractor transfers its obligation to another, the transferee is obligated in the same manner as the Contractor.

The above provision obligates the Contractor for the period during which the property is owned, used or possessed by the Contractor and the airport remains obligated to the Federal Aviation Administration.

Title VI List of Pertinent Nondiscrimination Acts and Authorities During the performance of this contract, the Contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “Contractor”) agrees to comply with the following nondiscrimination statutes and authorities; including but not limited to:
• Title VI of the Civil Rights Act of 1964 (42 USC § 2000d et seq., 78 stat. 252) (prohibits discrimination on the basis of race, color, national origin); • 49 CFR part 21 (Non-discrimination in Federally-Assisted programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964); • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 USC § 4601) (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Section 504 of the Rehabilitation Act of 1973 (29 USC § 794 et seq.), as amended (prohibits discrimination on the basis of disability); and 49 CFR part 27 (Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance); • The Age Discrimination Act of 1975, as amended (42 USC § 6101 et seq.) (prohibits discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982 (49 USC § 47123), as amended (prohibits discrimination based on race, creed, color, national origin, or sex); Packet Pg. 98
Attachment: Sample Lease Agreement (4.2(a)--Approve release of RFP for Non-Aeronautical Development) • The Civil Rights Restoration Act of 1987 (PL 100-259) (broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, the Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, subrecipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act of 1990 (42 USC § 12101, et seq) (prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities) as implemented by U.S. Department of Transportation regulations at 49 CFR parts 37 and 38; • The Federal Aviation Administration’s Nondiscrimination statute (49 USC § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations (ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations); • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs [70 Fed.

Reg. 74087 (2005)];
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 USC § 1681, et seq).

Compliance with Nondiscrimination Requirements:

During the performance of this contract, the Contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “Contractor”), agrees as follows:

1. Compliance with Regulations: The Contractor (hereinafter includes consultants) will comply with the Title VI List of Pertinent Nondiscrimination Acts and Authorities, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract.

2. Nondiscrimination: The Contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, national origin (including limited English proficiency), creed, sex (including sexual orientation and gender identity), age, or disability in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor will not participate directly or indirectly in the discrimination prohibited by the Nondiscrimination Acts and Authorities, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR part 21.

3. Solicitations for Subcontracts, including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the Contractor of the contractor’s obligations under this contract and the Nondiscrimination Acts and Authorities on the grounds of race, color, or national origin.

Packet Pg. 99
Attachment: Sample Lease Agreement (4.2(a)--Approve release of RFP for Non-Aeronautical Development)

4. Information and Reports: The Contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Sponsor or the Federal Aviation Administration to be pertinent to ascertain compliance with such Nondiscrimination Acts and Authorities and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the Contractor will so certify to the Sponsor or the Federal Aviation Administration, as appropriate, and will set forth what efforts it has made to obtain the information.

5. Sanctions for Noncompliance: In the event of a Contractor’s noncompliance with the nondiscrimination provisions of this contract, the Sponsor will impose such contract sanctions as it or the Federal Aviation Administration may determine to be appropriate, including, but not limited to:
a. Withholding payments to the Contractor under the contract until the Contractor complies; and/or
b. Cancelling, terminating, or suspending a contract, in whole or in part.

6. Incorporation of Provisions: The Contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations, and directives issued pursuant thereto.

The Contractor will take action with respect to any subcontract or procurement as the Sponsor or the Federal Aviation Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Contractor may request the Sponsor to enter into any litigation to protect the interests of the Sponsor. In addition, the Contractor may request the United States to enter into the litigation to protect the interests of the United States.

CLAUSES FOR TRANSFER OF REAL PROPERTY ACQUIRED OR IMPROVED UNDER THE

AIRPORT IMPROVEMENT PROGRAM
A. The Lessee for himself/herself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that:

1. In the event facilities are constructed, maintained, or otherwise operated on the property described in this lease for a purpose for which a Federal Aviation Administration activity, facility, or program is extended or for another purpose involving the provision of similar services or benefits, the lessee will maintain and operate such facilities and services in compliance with all requirements imposed by the Nondiscrimination Acts and Regulations listed in the Title VI List of Pertinent Nondiscrimination Acts and Authorities (as may be amended) such that no person on the grounds of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities.

Packet Pg. 100 Attachment: Sample Lease Agreement (4.2(a)--Approve release of RFP for Non-Aeronautical Development) B. With respect to licenses, leases, permits, etc., in the event of breach of any of the above Nondiscrimination covenants, City of Redding will have the right to terminate the lease and to enter, re-enter, and repossess said lands and facilities thereon, and hold the same as if the lease had never been made or issued.

With respect to a deed, in the event of breach of any of the above Nondiscrimination covenants, the City of Redding will have the right to enter or re-enter the lands and facilities thereon, and the above-described lands and facilities will there upon revert to and vest in and become the absolute property of the City of Redding and its assigns.

22. DAMAGE; DESTRUCTION.

A. If the Premises are so damaged or destroyed by fire, flood, earthquake, the elements, casualty, war, riot, public disorder, or any other cause not the fault of Lessee, its officers, employees, agents or invitees so as to render the entire Premises unusable for Lessee’s operations, the Lessee shall have the option to either repair the Premises or terminate this Agreement. In the event that the Lessee elects to terminate this Agreement, rent for the month in which the Premises are damaged shall be prorated and the unearned portion refunded to Lessee within three (3) days of the Lessee’s election to terminate this Agreement. Notwithstanding, Lessee shall bear the cost of removing all material, structures and improvements from the Premises and City may recover as a set-off to rent to be returned to Lessee pursuant to this subdivision or by any other means afforded to it in law or equity the cost of removing the same if Lessee does not do so within thirty (30) calendar days of City having deposited notice to Lessee of its obligation as set forth herein.” B. If the Premises are partially damaged or rendered partially unusable by fire, flood, earthquake, the elements, casualty, war, riot, public disorder, or any other cause not the fault of City, its officers or employees, City shall give the Lessee written notice of such damage, and if the Lessee does not commence repairs within thirty (30) calendar days from the date of the notice, City may elect to terminate this Agreement by giving written notice to the Lessee of City’s election to terminate this Agreement. If City elects not to terminate this Agreement, this Agreement shall continue in full force and effect except that the damage to the Premises shall be repaired by and at the expense of the Lessee and until such repair is substantially completed so that full use and occupancy of the Premises by Lessee is possible, the rent shall be apportioned according to the portion of the Premises which remains useable. If such repairs are not completed within one hundred eighty (180) calendar days from the date of the City’s notice of the damage, City may terminate this Agreement by giving Lessee written notice within ten (10) calendar days of the expiration of the one hundred eighty (180) calendar day period of the City’s election to terminate this Agreement.

Packet Pg. 101 Attachment: Sample Lease Agreement (4.2(a)--Approve release of RFP for Non-Aeronautical Development)

23. DEFAULT.

A. The occurrence of any of the following shall constitute a material breach or default of this Agreement by Lessee:

1. Failure to pay any payment due under this Agreement when due, if the failure to pay continues for five (5) days after notice of the failure has been given to Lessee;

2. Failure to perform any other provision of this Agreement if the failure to perform is not cured within thirty (30) days after notice of the failure has been given to Lessee. If the breach or default cannot be reasonably cured within thirty (30) days, Lessee shall not be in breach or default of this Agreement if Lessee commences to cure the breach or default within the thirty (30) day period and diligently and in good faith continues to cure the default.

3. Failure to maintain current licenses, if any, required for the permitted operation.

4. Intentionally supplying the City with false or misleading information or misrepresenting any material fact on documents or in statements to or before the City and its employees, or the intentional failure to make full disclosure on a financial statement or other required documents.

B. Notices given under this section shall be made in writing, and shall specify the alleged breach or default, and shall demand that Lessee perform the provisions of this Agreement or pay the payment that is in arrears, as the case may be, within the applicable time period, or this Agreement is terminated. No such notice shall be deemed a forfeiture or a termination of this Agreement unless the City so elects in the notice.

C. The City, at any time after Lessee commits a breach or default of this Agreement, can cure the breach or default at Lessee’s cost. If the City, at any time, by reason of Lessee’s breach or default, pays any sum or does any act that requires the payment of any sum, the sum paid by the City shall be due immediately from Lessee to the City at the time the sum is paid, and if paid at a later date shall be subject to late fees and penalty charges as shown in the City’s then current Schedule of Fees and Charges.

The sum, together with the late fees or penalty charges, shall be an additional payment owed to the City pursuant to this Agreement.

24. CITY’S REMEDIES FOR DEFAULT.

A. Termination of Lease. Upon the occurrence of a default that is not timely cured by Packet Pg. 102 Attachment: Sample Lease Agreement (4.2(a)--Approve release of RFP for Non-Aeronautical Development) Lessee, the City may immediately terminate this Agreement and recover possession of the Premises. Once the City has terminated this Agreement, Lessee shall immediately surrender the Premises to the City. On termination of this Agreement, the City may recover from Lessee all of the following:

1. The worth at the time of the award of any unpaid rent that had been earned at the time of the termination, to be computed by allowing interest at the maximum amount of interest permitted by law;

2. Any difference in the rent owed going forward less the rent from a new tenant as multiplied by the number of months remaining on the term;

3. Any other amount necessary to reasonable compensate the City for all the detriment proximately caused by Lessee's failure to perform obligations under this Agreement, including brokerage commissions and advertising expenses, expenses of remodeling the Premises for a new Lessee (whether for the same or a different use), and any special concessions made to obtain a new Lessee; and

4. Any other reasonable amounts, in addition to or in lieu of those listed above, that may be permitted by applicable law.

B. Continuation of Lease in Effect: Upon the occurrence of a default that is not timely cured by Lessee, the City shall have the remedy described in Civil Code section 1951.4, which provides that, when a Lessee has the right to sublet or assign (subject only to reasonable limitations), the City may continue the lease in effect after the Lessee's breach and abandonment and recover rent as it becomes due. Accordingly, if the City does not elect to terminate this Agreement on account of any default by Lessee, the City may enforce all of the City's rights and remedies under this Agreement, including the right to recover all rent as it becomes due.

25. SURRENDER OF PREMISES. On the expiration, cancellation or termination of this Agreement, Lessee shall surrender possession of the Premise to City, deliver all keys to any locks on the Premises and make known to City the combination of any combination locks on the Premises. Lessee shall reimburse City for any damage done to the Premises caused by Lessee’s use of the Premises or Lessee’s actions or omissions other than normal wear and tear. Lessee shall remove all its personal property on or before the date of expiration, cancellation or termination of the Agreement.

26. ADMINISTRATION BY CITY. Whenever Lessee is required to secure the approval or consent of the City pursuant to this Agreement, the City shall mean the Airports Manager.

When the Mayor is signatory to this Agreement, the Airports Manager shall have authority to execute any amendment to this Agreement which does not decrease the amount of Packet Pg. 103 Attachment: Sample Lease Agreement (4.2(a)--Approve release of RFP for Non-Aeronautical Development) compensation allowable to City, or otherwise substantially change the nature or scope of the agreement provided herein.

27. VOLUNTEER ASSISTANCE. Under no circumstances will Lessee use City employees whom are on duty to perform work at the Premises. Under no circumstances will Lessee use City employees whom are off duty to perform work at the Premises if the nature of the work is substantially similar to the employee’s regular work duties for the City.

28. SIGNS. The size and location of signs, banners, flags, etc., located off of the Airport advertising the activities of Lessee shall be subject to the City’s sign ordinance (Redding Municipal Code Chapter 18.42.) The size and location of signs, banners, flags, etc., located on the Premises or at the Airport shall be subject to the prior written approval and control of the Airports Manager.

29. NOTICES. All notices, requests, demands and other communications hereunder shall be deemed given only if in writing signed by an authorized representative of the sender and personally delivered to the City or Lessee, or in lieu of such personal service, sent by United States mail, registered or certified, return receipt requested, or delivered by facsimile, with a hard copy mailed first class, postage prepaid; or when sent by a courier or an express service guaranteeing overnight delivery to the receiving party, addressed to the respective parties as follows:

TO THE CITY:

City of Redding
Attn.: Airports Manager
6751 Woodrum Circle, #200
Redding, CA 96002
TO LESSEE:

Lessee Entity
Attn: Contact Name, Title
Address Line 1
City, State ZIP
Either party may change its address for the purposes of this section by giving written notice of such change to the other party in the manner provided in this section.

30. BINDING ON HEIRS AND SUCCESSORS. This Agreement shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of the parties hereto, but nothing in this Section shall be construed as a consent by City to any assignment of this Agreement or any interest in the Agreement by Lessee except as provided in Section 13 of this Agreement.

31. ATTORNEY'S FEES. In any dispute between the City and Lessee, whether or not resulting in litigation, the prevailing party shall be entitled to recover from the other party all reasonable costs, including without limitation, reasonable attorney’s fees. “Prevailing party” shall include without limitation, a party who dismisses an action for specific performance or for damages in exchange for sums allegedly due, performance for covenants allegedly breached or consideration substantially equal to the relief sought in the action, or which receives from Packet Pg. 104 Attachment: Sample Lease Agreement (4.2(a)--Approve release of RFP for Non-Aeronautical Development) the other party, in connection with any dispute, performance substantially equivalent to any of these.

32. HEADINGS AND REFERENCE AND WAIVER. The titles and headings in this Agreement are inserted for convenience only and shall not constitute a part hereof. A waiver of any party of any provision or a breach of this Agreement must be provided in writing, and shall not be construed as a waiver of any other provision or any succeeding breach of the same or any other provisions herein.

33. NO PARTY DEEMED DRAFTER. In the event of a dispute between any of the parties hereto over the meaning of this Agreement, no party shall be deemed to have been the drafter hereof, and the principle of law set forth in Civil Code §1654 that contracts are construed against the drafter shall not apply.

34. CALIFORNIA LAW. This Agreement shall be deemed to have been entered into in Redding, California. All questions regarding the validity, interpretation or performance of any of its terms or of any rights or obligations of the parties to this Agreement shall be governed by California law, and any action brought by either party to enforce any of the terms of this Agreement shall be filed in the Shasta County Superior Court.

35. TIME OF ESSENCE. Time is of the essence of this Agreement and of each and every provision therein.

36. ENTIRE AGREEMENT. This Agreement, which includes all exhibits attached hereto and incorporated by reference herein, contains all the representations and the entire understanding and agreement between the parties pertaining to the use of the Premises or any other matters connected therewith. All correspondence, memoranda, or oral or written agreements pertaining to the Premises or the parties hereto, which originated before the date of this Agreement are null, void and no longer in force and with no effect, and are replaced in total with this Agreement unless otherwise expressly stated in this Agreement.

37. MODIFICATION OF LEASE. This Agreement shall not be altered, amended, or modified except by a writing signed by City and Lessee.

38. SEVERABILITY. If any portion of this Agreement or the application thereof to any person or circumstance shall be invalid or unenforceable to any extent, the remainder of this Agreement shall not be affected thereby and shall be enforced to the greatest extent permitted by law.

39. AUTHORITY. Each of the undersigned signatories hereby represents and warrants that they are authorized to execute this Facilities and Ground Lease on behalf of the respective parties to this Agreement, that they have full right, power and lawful authority to undertake all obligations as provided in this Agreement; and that the execution, performance and Packet Pg. 105 Attachment: Sample Lease Agreement (4.2(a)--Approve release of RFP for Non-Aeronautical Development) delivery of this Agreement by said signatories has been fully authorized by all requisite actions on the part of the respective parties to this Agreement.

40. DATE OF AGREEMENT. The date of this Agreement shall be the date it is signed by the City.

Packet Pg. 106 Attachment: Sample Lease Agreement (4.2(a)--Approve release of RFP for Non-Aeronautical Development) IN WITNESS THEREOF, City and Lessee have executed this Agreement on the days and year set forth below.

CITY OF REDDING
Dated: _________________ , 2023 ____________________________________ By: MICHAEL DACQUISTO, Mayor
Attest: Approved as to Form:

BARRY E. DeWALT
City Attorney
______________________________ ____________________________________ PAMELA MIZE, City Clerk By:

LESSEE ENTITY
Dated: __________________ , 2023 ______________________________________ By: Lessee Signatory, Signatory Title
Attachments – Exhibit A, Property Description
Exhibit B, Legal Description
Packet Pg. 107 Attachment: Sample Lease Agreement (4.2(a)--Approve release of RFP for Non-Aeronautical Development) EXHIBIT A – SITE MAPS
The sites delineated in red are both already released for non-aeronautical land uses by the FAA and would have the support of the airport sponsor for non-aeronautical development. Alternative Land Area 1 delineated in green is not yet released for non-aeronautical development, however, the airport sponsor generally supports the placement of non-aeronautical land-uses in this area subject to the master plan. Alternative Land Area 2 delineated in purple is not currently released for non-aeronautical land-uses by the FAA and the airport sponsor is accepting responses indicating the level of interest in non-aeronautical development within this area, however, the level of support for non-aeronautical development is undetermined at this time pending the completion of the Airport Master Plan.

Packet Pg. 108
Attachment: Non-Aeronautical Development RFP - Site Map (4.2(a)--Approve release of RFP for Non-

CITY OF REDDING

REPORT TO THE CITY COUNCIL
Recommendation
Authorize the following actions relative to the Regional Early Action Planning Program funds from the Shasta Regional Transportation Agency:
(1) Authorize the Mayor to execute the Sub-Applicant Agreement for $750,000 and appropriate the funds to assist with the development costs of a 12-unit, incomequalifying, mixed-use building on vacant lots located at 815 Parkview Avenue (Assessor’s Parcel Number 104-350-019-000), 825 Parkview Avenue (Assessor’s Parcel Number 104-350-018-000) and 2520 Leland Avenue (Assessor’s Parcel Number 104- 350-020-000);
(2) Authorize the City Manager to negotiate a property transfer agreement for the City of Redding’s Successor Housing Agency to acquire the property located at 2520 Leland Avenue at no cost; authorize Housing Division staff to submit the purchase agreement to the Shasta County Consolidated Oversight Board for consideration and approval; and if approved, authorize the Mayor to execute the required documentation to complete the property transaction;
(3) Approve and authorize the release of the Request for Proposals - Schedule Number 5423; and
(4) Find that applying for and accepting grant funding is not considered a project under the California Environmental Quality Act.

Fiscal Impact
Regional Early Action Planning Program funds (REAP 2.0) are grant funds with no match obligation. REAP 2.0 funds will be leveraged along with $800,000 of Whole Person Care funds approved by City Council (Council) on June 20, 2023 for the development. There is no impact to the General Fund.

MEETING DATE: December 19, 2023
ITEM NO. 4.2(b)
FROM:
***APPROVED BY***
[email protected] [email protected]
SUBJECT: 4.2(b)--Accept REAP 2.0 Funds from the Shasta Regional Transportation Agency and Authorize the Release of RFP Schedule Number 5423.

Steve Bade, Assistant City
Manager
Packet Pg. 109
Report to Redding City Council December 14, 2023
Re: 4.2(b)--Accept Subaward of REAP 2.0 funds from the Shasta Regional Transportation Agency Page 2
Alternative Action
The Council could choose not to accept the REAP 2.0 funds, and Housing Division staff would search for replacement funds to assist with funding the proposed development.

Background/Analysis
On February 1, 2012, the Redding Redevelopment Agency (RRA) was dissolved pursuant to Health and Safety Code Sections 34161-34166 and the Council elected for the City of Redding (City) to serve as the Successor Housing Agency to the former RRA pursuant to Resolution 2012-0007. All former RRA housing property assets were transferred to the City – 815 and 825 Parkview Avenue were both former RRA assets.

The 2520 Leland Avenue property is a City of Redding as the Successor Agency asset of which the transfer and sale of the property need to be approved by the Oversight Board to the City of Redding as Successor to the Redding Redevelopment Agency. The next Oversight Board meeting is scheduled in January 2024.

On June 1, 2021, through Resolution 2021-061, the Council declared the parcels located at 815 and 825 Parkview Avenue, and 2520 Leland Avenue (collectively, the Property) were surplus and pursuant to the Surplus Land Act, they have been cleared for disposition by the California Department of Housing and Community Development (HCD).

On February 7, 2023, Council adopted a resolution authorizing staff to apply for REAP 2.0 Higher Impact Transformative (HIT) funds. If awarded, the funds were to be utilized to assist in the development of 12 units of income-qualifying housing, which would be situated above retail/commercial space to be located on the Property (Project). A portion of the incomequalifying housing units would be made available to assist unsheltered households.

Staff’s HIT application was not successful. In a quest to secure funding for the Project, staff applied to the Shasta Regional Transportation Agency (SRTA) for a subaward of their REAP 2.0 fund allocation - staff was successful in securing $750,000 of grant funding from SRTA.

To facilitate the development of the Project, staff requests that Council review and approve the attached Request for Proposals - Schedule Number 5423 (RFP) for publishing. All proposals received will be evaluated and ranked according to the agreed upon criteria contained in the RFP.

At a future date, staff will return to Council for consideration of a disposition and development agreement with the successful proposer.

Environmental Review
Applying for and accepting funding is not considered a project under the California Environmental Quality Act (CEQA). Any project that is developed will be reviewed for CEQA compliance once the details are known. No further environmental review action is required at this time.

Packet Pg. 110
Report to Redding City Council December 14, 2023
Re: 4.2(b)--Accept Subaward of REAP 2.0 funds from the Shasta Regional Transportation Agency Page 3
Council Priority/City Manager Goals
• Government of the 21st Century – “Be relevant and proactive to the opportunities and challenges of today’s residents and workforce. Anticipate the future to make better decisions today.”
• Economic Development- “Facilitate and become a catalyst for economic development in Redding to create jobs, retain current businesses and attract new ones, and encourage investment in the community.”
Attachments
REAP 2.0 Sub-applicant Agreement
RFP for Parkview Infill Final
Packet Pg. 111
Packet Pg. 112
Attachment: REAP 2.0 Sub-applicant Agreement (4.2(b)--Accept Subaward of REAP 2.0 funds from the Shasta Regional Transportation Agency) Packet Pg. 113
Attachment: REAP 2.0 Sub-applicant Agreement (4.2(b)--Accept Subaward of REAP 2.0 funds from the Shasta Regional Transportation Agency) Packet Pg. 114
Attachment: REAP 2.0 Sub-applicant Agreement (4.2(b)--Accept Subaward of REAP 2.0 funds from the Shasta Regional Transportation Agency) Packet Pg. 115
Attachment: REAP 2.0 Sub-applicant Agreement (4.2(b)--Accept Subaward of REAP 2.0 funds from the Shasta Regional Transportation Agency) Packet Pg. 116
Attachment: REAP 2.0 Sub-applicant Agreement (4.2(b)--Accept Subaward of REAP 2.0 funds from the Shasta Regional Transportation Agency) Packet Pg. 117
Attachment: REAP 2.0 Sub-applicant Agreement (4.2(b)--Accept Subaward of REAP 2.0 funds from the Shasta Regional Transportation Agency) Packet Pg. 118
Attachment: REAP 2.0 Sub-applicant Agreement (4.2(b)--Accept Subaward of REAP 2.0 funds from the Shasta Regional Transportation Agency) Packet Pg. 119
Attachment: REAP 2.0 Sub-applicant Agreement (4.2(b)--Accept Subaward of REAP 2.0 funds from the Shasta Regional Transportation Agency) Packet Pg. 120
Attachment: REAP 2.0 Sub-applicant Agreement (4.2(b)--Accept Subaward of REAP 2.0 funds from the Shasta Regional Transportation Agency) Packet Pg. 121
Attachment: REAP 2.0 Sub-applicant Agreement (4.2(b)--Accept Subaward of REAP 2.0 funds from the Shasta Regional Transportation Agency) Packet Pg. 122
Attachment: REAP 2.0 Sub-applicant Agreement (4.2(b)--Accept Subaward of REAP 2.0 funds from the Shasta Regional Transportation Agency) Packet Pg. 123
Attachment: REAP 2.0 Sub-applicant Agreement (4.2(b)--Accept Subaward of REAP 2.0 funds from the Shasta Regional Transportation Agency) Packet Pg. 124
Attachment: REAP 2.0 Sub-applicant Agreement (4.2(b)--Accept Subaward of REAP 2.0 funds from the Shasta Regional Transportation Agency) Packet Pg. 125
Attachment: REAP 2.0 Sub-applicant Agreement (4.2(b)--Accept Subaward of REAP 2.0 funds from the Shasta Regional Transportation Agency) Packet Pg. 126
Attachment: REAP 2.0 Sub-applicant Agreement (4.2(b)--Accept Subaward of REAP 2.0 funds from the Shasta Regional Transportation Agency) Packet Pg. 127
Attachment: REAP 2.0 Sub-applicant Agreement (4.2(b)--Accept Subaward of REAP 2.0 funds from the Shasta Regional Transportation Agency) Packet Pg. 128
Attachment: REAP 2.0 Sub-applicant Agreement (4.2(b)--Accept Subaward of REAP 2.0 funds from the Shasta Regional Transportation Agency) Packet Pg. 129
Attachment: REAP 2.0 Sub-applicant Agreement (4.2(b)--Accept Subaward of REAP 2.0 funds from the Shasta Regional Transportation Agency) Packet Pg. 130
Attachment: REAP 2.0 Sub-applicant Agreement (4.2(b)--Accept Subaward of REAP 2.0 funds from the Shasta Regional Transportation Agency) Packet Pg. 131
Attachment: REAP 2.0 Sub-applicant Agreement (4.2(b)--Accept Subaward of REAP 2.0 funds from the Shasta Regional Transportation Agency) Packet Pg. 132
Attachment: REAP 2.0 Sub-applicant Agreement (4.2(b)--Accept Subaward of REAP 2.0 funds from the Shasta Regional Transportation Agency)

REQUEST FOR PROPOSALS

PURCHASE AND DEVELOPMENT OF REAL PROPERTY
815 PARKVIEW AVENUE, 825 PARKVIEW AVENUE AND 2520 LELAND AVENUE

REDDING, CALIFORNIA
(Schedule Number 5423)

TABLE OF CONTENTS
I. BACKGROUND ......................................................................................................................... 2 II. OVERVIEW OF PROJECT ....................................................................................................... 2 III. SCOPE OF SERVICES ............................................................................................................ 3 IV. FUNDING ................................................................................................................................ 4 V. TERM OF AGREEMENT ......................................................................................................... 4 VI. MINIMUM QUALIFICATIONS ............................................................................................. 6 VII. TENTATIVE TIME SCHEDULE .......................................................................................... 6 VIII. RESPONSE TO RFP ............................................................................................................. 6 IX. SELECTION PROCEDURES & CRITERIA .......................................................................... 8 X. CONTACTS ...............................................................................................................................9 XI. ATTACHMENTS……………………..………………………………………………………9
Packet Pg. 133 Attachment: RFP for Parkview Infill Final (4.2(b)--Accept Subaward of REAP 2.0 funds from the Shasta Regional Transportation Agency)

REQUEST FOR PROPOSALS

PURCHASE AND DEVELOPMENT OF REAL PROPERTY
815 PARKVIEW AVENUE, 825 PARKVIEW AVENUE AND 2520 LELAND AVENUE

REDDING, CALIFORNIA
(Schedule Number 5423)
2 I. BACKGROUND
The City of Redding (City), incorporated on October 4, 1887, is a general law city formed under state legislative statutes and governed by a body of laws in the California State Constitution. The Redding City Council consists of five council members elected at large for staggered four-year terms. Council members must be residents of the City and registered voters during the nomination period.

Redding is one of many California cities operating under the council-manager form of government. Under this system, the Council establishes the policies under which the City operates and appoints a trained and experienced City Manager to administer the affairs of the City. The City Manager’s responsibilities include hiring City staff, preparation of the Annual Budget, administration and coordination of the City's operations, general supervision over all property under the control of the City, and enforcement of City ordinances and applicable state laws.

The City Manager appoints staff to assist him or her in carrying out specified duties. The City of Redding’s Housing Division (Housing) is under the City Manager’s Department. Additional City departments include the City Attorney's Office, City Clerk's Office, and City Treasurer's Office, as well as Community Services, Development Services, Electric, Financial Services, Fire, Information Technology, Personnel, Police, and Public Works Departments.

II. OVERVIEW OF PROJECT
Housing is publishing this RFP for the creation of a mixed-use development in the Parkview Neighborhood on parcels located at 815 Parkview Avenue (A.P.N: 104-350-019-000), 825 Parkview Avenue (A.P.N: 104-350-180-000) and 2520 Leland Avenue (A.P.N: 104-350-020-000) (Property). These parcels, when combined, are approximately .48-acre in development size.

Qualified developers should demonstrate experience in constructing, financing, and operating income-eligible housing projects and show evidence of financial capability for funding predevelopment costs, have access to equity, construction financing, experience with permanent project financing as well as long term operation experience. Once a qualified developer is selected, Housing anticipates entering into a Disposition and Development Agreement (DA) for the acquisition of the property and development of a Project that will include agreements regarding Property purchase; project design, planning and building permit process; and construction of the mixed-use development consisting of at least 12 residential units with retail/commercial space (Project).

The Project outcome is expected to conform with the City of Redding’s planning, zoning and use requirements, in addition to the Parkview Neighborhood Strategic Revitalization Plan (PNSRP), which emphasizes design standards that addresses building orientation, entrances, landscaping and screening, general building design and neighborhood compatibility. The PNSRP is available for review at the following web address: (Strategic Planning) Packet Pg. 134 Attachment: RFP for Parkview Infill Final (4.2(b)--Accept Subaward of REAP 2.0 funds from the Shasta Regional Transportation Agency)

REQUEST FOR PROPOSALS

PURCHASE AND DEVELOPMENT OF REAL PROPERTY
815 PARKVIEW AVENUE, 825 PARKVIEW AVENUE AND 2520 LELAND AVENUE

REDDING, CALIFORNIA
(Schedule Number 5423)
3 III. SCOPE OF SERVICES
The following are possible design elements of the Project that may be incorporated due to funding source or other requirements.

The Project will have design elements that reduce vehicle miles traveled and assist the tenants or occupants of the commercial spaces such as:

Bicycle lockers provided for tenants (mandatory in proposal) Bicycle or e-bike sharing program provided for tenants
Minimum spaces for car parking
On-site laundry or laundry hookups in units
Bus passes available at no charge for tenants
High-speed internet provided for tenants (opens up work-at-home opportunities) The Project will also have design elements that incorporate a blending of the Parkview Avenue business corridor and existing residential areas that make up the Parkview Neighborhood. The Project should enhance the quality of life for the tenants of the Project and the neighborhood in general.

A minimum of 12 residential units must be provided. The Project may consist of permanent, permanent supportive and transitional units. The twelve units will be income-qualifying and operators of the units will use housing first principles. Additional units may be incorporated in the Project if feasible with zoning and other requirements.

The Project will have commercial spaces but a minimum of 65% of the Project total floor area must be utilized for residential use.

For a period of at least twenty years, a minimum of two (2) of the housing units must be utilized to house Medi-Cal beneficiaries who are mentally ill and are experiencing homelessness or are at risk of homelessness. In addition, another two units must be transitional/permanent supportive in nature and house tenants experiencing homelessness or at risk of homelessness.

Final affordability requirements will be negotiated with the chosen developer but it is anticipated that for a period of at least twenty (20) years the affordable housing units must remain affordable to income-qualifying tenants earning less than eighty percent (80%) of median income for our area.

It is anticipated that developers may need to partner with a non-profit entity to provide supportive services for the tenants occupying the units restricted for homeless or at risk of homelessness tenants. The supportive services must continue as long as required by the funding source(s).

Packet Pg. 135 Attachment: RFP for Parkview Infill Final (4.2(b)--Accept Subaward of REAP 2.0 funds from the Shasta Regional Transportation Agency)

REQUEST FOR PROPOSALS

PURCHASE AND DEVELOPMENT OF REAL PROPERTY
815 PARKVIEW AVENUE, 825 PARKVIEW AVENUE AND 2520 LELAND AVENUE

REDDING, CALIFORNIA
(Schedule Number 5423)
4 A minimum of two (2) units must comply with the Americans with Disabilities Act including but not limited to accessible doors and entrances, reachable light switches, thermostats and electrical outlets, reinforced walls with grab bars, accessible bathrooms and accessible doors and windows.

Please note that the City Planning Department, Building Department, Fire Department or other City departments may have requirements in addition to these requirements for the Project.

It is estimated that construction will be completed and a Certificate of Completion issued by June 2025 in order to utilize all of the available grant funds for construction.

The Project that most closely aligns with funding source priorities and timeline may be selected to enter into a Disposition and DA. Priorities include housing of marginalized unhoused individuals, economic development, sustainability, reducing vehicle miles traveled, and a completed Project that is a shining example of mixed-use development.

IV. FUNDING
Housing has been awarded $750,000 of Regional Early Action Planning funds (REAP 2.0) that will be used to accelerate infill development (and reduce vehicle miles traveled). More information for REAP can be found at: https://www.hcd.ca.gov/grants-and-funding/programsactive/regional-early-action-planning-grants-of-2021.

Housing also has been awarded $800,000 in Whole Person Care funds that will be used all or in part for this Project. As a condition of this funding, for a minimum of twenty years, at least two residential units must be used for Medi-Cal beneficiaries who are mentally ill and experiencing homelessness or at-risk of homelessness. As a condition of these funds, the developer must also make available and allow supportive services for 20 years for the tenants that occupy these units.

Final job specifications will be negotiated with the chosen developer. It is anticipated that these funding sources (REAP 2.0 and Whole Person Care funds) will be utilized as below market rate loans for the infrastructure and construction needs of the Project in exchange for affordable units that benefit the most vulnerable populations in our community. At the City’s discretion, other public funding sources may be utilized for this Project along with developer provided funds.

V. TERMS OF AGREEMENT
Affordable units must assist income-qualifying households earning eighty percent (80%) of the Area Median Income level established by HUD, or less. Tenants may be families, seniors, veterans, special needs, or homeless (or at-risk of homelessness), and/or other eligible groups.

The borrower shall sign loan documents with the City, including but not limited to: DA, Regulatory Agreements, Promissory Note(s), Deeds of Trust, and any other necessary documents.

Packet Pg. 136 Attachment: RFP for Parkview Infill Final (4.2(b)--Accept Subaward of REAP 2.0 funds from the Shasta Regional Transportation Agency)

REQUEST FOR PROPOSALS

PURCHASE AND DEVELOPMENT OF REAL PROPERTY
815 PARKVIEW AVENUE, 825 PARKVIEW AVENUE AND 2520 LELAND AVENUE

REDDING, CALIFORNIA
(Schedule Number 5423)
5 It is anticipated that the term of affordability will be twenty (20) years from the date of the Notice of Completion.

Projects must have reasonable acquisition, construction and operating costs, as reviewed and determined by Housing staff based on local recent comparable developments.

Developer must leverage other financing sources such as, but not limited to, state, federal and other local sources and private funds.

Developer must demonstrate readiness for development of the Project.

Projects must comply with applicable environmental review requirements.

State prevailing wages may apply to the construction of this Project and will be determined during the negotiation of the Disposition and DA.

Developer must comply with all applicable funding source requirements, including but not limited to Davis Bacon federal labor standards regulations under 29 CFR Part 5, Section 504 of the Rehabilitation Act of 1973, Americans with Disabilities Act (ADA), Affirmatively Furthering Fair Housing Act, Section 3 of the U.S. Housing Act of 1968, Equal Opportunity and related requirements in 24 CFR Section 982.53, as amended, prohibition against eminent domain, federal and state requirements related to Minority Business and Women Business Enterprises (M/WBE), Duplication of Benefits, the Uniform Relocation Assistance and Real Property Acquisition Act, Article XXXIV, and other applicable regulations.

Projects must comply with state and federal regulations; and applicable funding source guidelines and regulations.

Projects must comply with the requirements of the California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA). Compliance with CEQA and NEPA must be completed prior to finalization of the funding commitment and start of construction.

Successfully funded developments will be required to submit to the Housing an annual audit of the Project prepared by an independent certified public accountant. Completed Project will require compliance monitoring during the period of affordability.

Developer understands that under the California Public Records Act, documents that they submit in response to this NOFA are considered public records and may be made available to the public upon request (this does not include credit, bank and financial information which will remain confidential).

At the time of the first construction draw, a $20,000 monitoring fee will be required that will be Packet Pg. 137 Attachment: RFP for Parkview Infill Final (4.2(b)--Accept Subaward of REAP 2.0 funds from the Shasta Regional Transportation Agency)

REQUEST FOR PROPOSALS

PURCHASE AND DEVELOPMENT OF REAL PROPERTY
815 PARKVIEW AVENUE, 825 PARKVIEW AVENUE AND 2520 LELAND AVENUE

REDDING, CALIFORNIA
(Schedule Number 5423)
6 paid by the developer to the City for the extended monitoring that will be required by the development funding source(s).

Please note that the ability to satisfy these terms and conditions is not a guarantee of Project funding.

VI. MINIMUM QUALIFICATIONS
Qualified affordable housing developers that meet the RFP requirements are encouraged to submit proposals. Eligible Applicants include for-profit or non-profit entities, individuals, general or limited partnerships, or limited liability companies. Generally, the Applicant/Developer should have completed at least two multifamily developments, one of which included affordable units.

Applicants without the necessary experience may enter into joint venture agreements with experienced developers in order to be considered.

VII. TENTATIVE TIME SCHEDULE
Release RFP December 21, 2023
Questions due by 5 p.m. January 4, 2024
Addendum Issued (if necessary) January 8, 2024
Deadline to Receive Proposal – Before 3 p.m. January 17, 2024 Evaluate Proposals January 19, 2024
Developer Interviews (if necessary) / Select Developer January 22-23, 2024 Recommendation to City Council for Developer Approval February 6, 2024 Enter into Contract February 29, 2024
Complete predevelopment and obtain permits May 31, 2024 Begin Construction June 1, 2024
Complete Construction and Certificate of Completion issued June 30, 2025 VIII. RESPONSE TO RFP
A. SUBMITTAL INSTRUCTIONS
Submit one (1) unbound original and six (6) color copies of the proposal along with a USB containing a PDF of the proposal in a sealed box or envelope clearly marked with the name of the development entity and labeled: “RFP Parkview/Leland Property Purchase and Development; Schedule Number: 5423.”
Proposals shall be delivered to the office of the City Clerk, located at the address and date as noted on the RFP cover sheet. The City reserves the right to reject at its sole discretion proposals received after the stated time and date.

Facsimile or electronic submissions will not be accepted.

Packet Pg. 138 Attachment: RFP for Parkview Infill Final (4.2(b)--Accept Subaward of REAP 2.0 funds from the Shasta Regional Transportation Agency)

REQUEST FOR PROPOSALS

PURCHASE AND DEVELOPMENT OF REAL PROPERTY
815 PARKVIEW AVENUE, 825 PARKVIEW AVENUE AND 2520 LELAND AVENUE

REDDING, CALIFORNIA
(Schedule Number 5423)
7 B. REQUIRED PROPOSAL CONTENTS
At a minimum, proposals shall include the following information, in the order indicated below:

1. Transmittal Letter - Include a cover transmittal letter signed by a member of the firm having the authority to enter into contracts on behalf of the organization and acknowledge receipt of all addenda by number (if any were issued). If unsure as to the status of addenda, contact Michelle Kempley, Purchasing Officer, to confirm. Phone: (530) 225-4137; email:
[email protected]

2. Company Information - Provide name, address, telephone, fax, and e-mail of the development entity and its principals and describe how the development entity is organized, owned, and controlled. Include full names and biographical summaries of company officers and/or principals.

3. Development Experience - Describe relevant Project experience/role of the development entity in Project planning, financing, and construction. Provide elevations, site plans, and photographs for the most relevant three Projects completed within the last ten years.

Specifically describe what role the development entity or its principals have played in affordable housing Projects from initial planning to build-out.

4. Development Approach - Describe the development entity’s Project management and organization approach, including the development team structure for this Project, clearly showing lines of responsibility, including subcontractors and/or property managers.

5. References - Provide credit, financial, or banking references, including contact names, phone numbers, and e-mail addresses. Reference information obtained for the purposes of this RFP will be kept confidential.

6. Project Description - Provide a description of the proposed development plans for the Project site including the following:
a. Basic site plans showing the approximate location of buildings, driveway locations and street orientation of units, fence lines, and fire access; b. Basic elevations of units;
c. Basic floor plans including general description of interior and exterior amenities for each unit. (Please note that these plans may be hand drawn or simple but should allow the City to get a feel for the proposed Project);
d. An estimate of cost for the Project (this is not a bid, it is just an early estimate of total cost for the proposed development);
e. Include any unique elements that your organization can add to the development. These elements may be additional units, nicer site amenities or special services that may assist underserved members of our community or something else Housing has not Packet Pg. 139 Attachment: RFP for Parkview Infill Final (4.2(b)--Accept Subaward of REAP 2.0 funds from the Shasta Regional Transportation Agency)

REQUEST FOR PROPOSALS

PURCHASE AND DEVELOPMENT OF REAL PROPERTY
815 PARKVIEW AVENUE, 825 PARKVIEW AVENUE AND 2520 LELAND AVENUE

REDDING, CALIFORNIA
(Schedule Number 5423)
8 considered. Housing will be looking for a developer that can bring forth the best Project to serve our community with the funding available.

7. Financial Feasibility – Provide a financial proforma describing anticipated sources and uses of public and private financing to be used to construct the mixed-use building and also fund the required supportive services. During the development, public funds will be issued to the chosen developer on a reimbursement basis that may take up to ninety days per draw.

8. Developer Financial Health – Provide verification of the financial health of the developer.

Also provide verification of City of Redding Business License, verification of compliance/good standing with the California Secretary of State, provide verification registered with Sam.gov and provide business/nonprofit Unique Identification Number.

IX. SELECTION PROCEDURES AND CRITERIA
Submissions received as requested will be evaluated by the City. Interviews may be scheduled with the entity or entities most closely meeting the City’s needs and objectives. Submissions will be evaluated and reviewed on the basis of the following criteria.

Scoring Criteria Max Points
Experience of development entity in planning, designing, building, and marketing the income-qualifying housing Project envisioned in the Request for Proposal.
20 Financial strength of development entity and ability to raise additional capital.
10 Project consistency with funding source requirements and City goals, as well as any additional community benefits.
20 Project understanding, developer ability to complete Project on-time and within budget.
20 Number of housing units proposed and innovative design of commercial space.
15 Ability to manage the property including office/retail space and transitional housing units.
15 Housing reserves the right to request at any time that Applicants submit additional information to Housing staff. Housing also reserves the right to suspend, amend or modify the provisions of this RFP, to reject any and all proposals, to negotiate modifications of proposals, or to award less than the available or requested funding.

Packet Pg. 140 Attachment: RFP for Parkview Infill Final (4.2(b)--Accept Subaward of REAP 2.0 funds from the Shasta Regional Transportation Agency)

REQUEST FOR PROPOSALS

PURCHASE AND DEVELOPMENT OF REAL PROPERTY
815 PARKVIEW AVENUE, 825 PARKVIEW AVENUE AND 2520 LELAND AVENUE

REDDING, CALIFORNIA
(Schedule Number 5423)
9 X. CONTACTS
Technical questions regarding this RFP may be submitted in writing to the contact listed below and be received by 5:00 p.m., PST, on Thursday, January 4, 2024. At the City’s sole discretion, clarification deemed material to the understanding of this RFP will be distributed as a formal addendum to all known Developer’s receiving the RFP and be posted online at https://www.cityofredding.gov/government/departments/purchasing/bid_opportunities.php. It is the Developer’s responsibility to be sure they are in receipt of all addenda, should any be released.

Michelle Kempley, Purchasing Officer; [email protected] XI. ATTACHMENTS
Exhibit A: Location Map
Exhibit B: Whole Person Care Information
Exhibit C: REAP 2.0 Information
Packet Pg. 141 Attachment: RFP for Parkview Infill Final (4.2(b)--Accept Subaward of REAP 2.0 funds from the Shasta Regional Transportation Agency) GIS Web Map
Redding GIS
Parcel
December 12, 2023
0 0.0075 0.015 0.03 mi 0 0.015 0.03 0.06 km
1:1,128
Parkview Infill Project
Internal Map Viewer
Parkview
Parkview
Leland
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SUBAWARD AGREEMENT BETWEEN THE COUNTY OF SHASTA AND

CITY OF REDDING
This subaward agreement (“Subaward”) is entered into between the County of Shasta, a political subdivision of the State of California, through its Health and Human Services Agency (“County”), and the City of Redding, a municipal corporation (“Subrecipient”), (collectively, the “Parties” and individually a “Party”), for the purpose of the partial funding for the building of transitional and permanent housing.

RECITALS
WHEREAS, in 2016, the California State Legislature adopted Welfare and Institutions Code (WIC) sections 14184 through 14184.80, known as the Medi-Cal 2020 Demonstration Project; and
WHEREAS, Welfare and Institutions Code section 14184.60 established a demonstration project known as the Whole Person Care Pilot Program, which is focused on coordinating care for individuals with complex behavioral and physical health conditions, who are homeless or at risk of homelessness; and WHEREAS, in June 2016, with the County Executive Officer’s approval, HHSA-Adult Services submitted a WPC Pilot application to DHCS for consideration; and WHEREAS, on December 6, 2016 the Board of Supervisors approved California Department of Health Care Services (DHCS) revenue Agreement to implement the Whole Person Care (WPC) Pilot Program in Shasta County through fiscal year 2021 and due to the COVID-19 pandemic, the Pilot Project has been extended through June 2022; and WHEREAS, the 2019-2020 the California State Governor’s Budget included $100 million State General Fund monies for one-time with multi-year spending authority through June 20, 2025, of which Shasta County received $1,198,355.90 ; and
WHEREAS, the County wishes to contribute $800,000 of the Whole Person Care funding to the Subrecipient’s housing project to build twelve housing units; and WHEREAS, the Subrecipient desires accept the funds and comply with all applicable “Housing First” principles as defied in California Welfare and Institution Code Section 8255-8256 NOW THEREFORE, in consideration of the terms and conditions contained herein, the Parties agree as follows:

Section 1. DEFINITIONS
For the purposes of this Subaward, the following definitions shall apply:

A. Funding Source means budgetary resources for programs and projects, which may include grants, federal and state awards, and allocations B. Housing Unit(s) means permitted structures that act as separate living quarters and is intended for occupancy.

NO WITHHOLDING
Packet Pg. 143 Attachment: RFP for Parkview Infill Final (4.2(b)--Accept Subaward of REAP 2.0 funds from the Shasta Regional Transportation Agency) Agr.EMB.City of Redding,2325
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C. Participant(s) means adult Medi-Cal beneficiaries with Mental Health Conditions, including those who have self-declared such, living in Shasta County who are experiencing homelessness or at risk of homelessness.

D. Subrecipient means a non-federal entity receiving a subaward from a pass-through entity to carry out part of a federal program.

E. Whole Person Care (“WPC”) means patient-centered coordination of health, behavioral health and social services with the goals of improved beneficiary health and wellbeing through more efficient and effective use of resources.

Section 2. RESPONSIBILITIES OF SUBRECIPIENT
A. Pursuant to the terms and conditions of this Subaward, Subrecipient shall:
(1) Utilize the funds of this Subaward, in conjunction with other funds held by the Subrecipient to build a minimum of 12 Housing Units on the following parcel/lots:
a. 815 Parkview Avenue Redding, CA; APN: 104-350-019-000; b. 825 Parkview Avenue Redding, CA; APN: 104-350-018-000; and c. 2520 Leland Avenue Redding, CA; APN: 103-350-002-000. (2) Ensure that Housing Units support both transitional and permanent housing for low-income individuals and families and that a minimum of two Housing Units are reserved for Medi-Cal beneficiaries who are mentally ill and are experiencing homelessness or at risk of homelessness.
(3) Ensure a minimum of two Housing Units comply with Title II of the Americans with Disabilities Act, or a standard which is equivalent or stricter, including but not limited to:
a. Accessible doors and entrances;
b. Accessible public use areas;
c. Usable doors;
d. Access to and through a covered dwelling;
e. Reachable light switches, thermostats and electrical outlets; f. Reinforced walls with grab bars;
g. Accessible bathrooms; and
h. Accessible doors and windows.
(4) Provide progress reports to County as described in Section 5, for payment.

Progress reports shall include the total amount spent on the building of the Housing Units, the progress and expected date of completion. (5) Provide a final report to County no later than July 15, 2025, which shall include the following:
a. Itemized disposition of funds.

Packet Pg. 144 Attachment: RFP for Parkview Infill Final (4.2(b)--Accept Subaward of REAP 2.0 funds from the Shasta Regional Transportation Agency) Agr.EMB.City of Redding,2325
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b. Number of individuals who have benefitted from the use of the funds. c. Number of Housing Units occupied.
d. Number of Housing Units unoccupied.
(6) Ensure that a minimum of 2 Housing Units are utilized for Medi-Cal recipients with a mental health issue (either diagnosed by a medical provider or selfdeclared), for a minimum of 20 years.

B. As required by Government Code section 7550, each document or report prepared by Subrecipient for or under the direction of County pursuant to this Subaward shall contain the numbers and dollar amount of the Subaward and all subcontracts under the Subaward relating to the preparation of the document or written report. If multiple documents or written reports are the subject of the Subaward or subcontracts, the disclosure section may also contain a statement indicating that the total Subaward amount represents compensation for multiple documents or written reports.

Subrecipient shall label the bottom of the last page of the document or report as follows:
department name, Subaward number, and dollar amount. If more than one document or report is produced under this Subaward, Subrecipient shall add: “This [document or report] is one of [number] produced under this Subaward.” C. Promulgate and implement written procedures (“Grievance Procedures”) whereby recipients of services shall have the opportunity to express and have considered their views, grievances, and complaints regarding the delivery of services pursuant to this Subaward. A copy of Subrecipient’s Grievance Procedures shall be provided to County upon request. County’s Director of Health and Human Services Agency (“Director”) shall be notified in writing by Subrecipient within ten business days of:
(6) Learning of all grievances and the nature thereof; and (7) Resolution of a grievance or conclusion of the grievance process including the results of such.

D. Acknowledge the funding source of all activities undertaken pursuant to this Subaward by including in any educational and training materials, audio visual aids, interviews with press, flyers, or publications the following statement: “This activity (or program) has been partially funded (or sponsored) by the County of Shasta through the California Department of Health Care Service.”
Section 3. RESPONSIBILITIES OF COUNTY
A. Pursuant to the terms and conditions of this Subaward, County shall:
(1) Compensate Subrecipient as prescribed in sections 4 and 5 of this Subaward and monitor the outcomes achieved by Subrecipient.
(2) Monitor Subrecipient’s performance to assure compliance with the terms, conditions, and specifications of this Subaward.

Section 4. PREVAILING WAGES
County shall require Subrecipient and Subrecipient’s subcontractor(s) performing any work that constitutes a public works project as defined by California law including, but Packet Pg. 145 Attachment: RFP for Parkview Infill Final (4.2(b)--Accept Subaward of REAP 2.0 funds from the Shasta Regional Transportation Agency) Agr.EMB.City of Redding,2325
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not limited to, construction, improvement, demolition, alteration, renovation, or repair of a publicly leased or operated building or structure, to comply with all provisions of California law regarding construction that constitutes a public works project. Any Agreement between County, Subrecipient and a third party for work that constitutes a public works project shall include the following provision:

A. Subrecipient shall pay, and shall require subcontract to pay, not less than the specified prevailing rates of per diem wages to all laborers, workers, and mechanics employed by them in execution of this Subaward in accordance with the provisions of Article 2 (commencing with section 1770) of Chapter 1 of Part 7 of Division 2 of the Labor Code. Copies of the prevailing rate of per diem wages ore on file at Shasta County’s Department of Public Works, located at 1855 Placer Street, Redding, California, and are available to Subrecipient upon request. Subrecipient shall also pay and shall require each subcontractor to pay, travel and subsistence payments to each laborer, worker, and mechanic needed to execute the work
For purposes of this Subrecipient Agreement, the County is acting in the capacity as a passthrough entity for purposes of disbursing funds to the Subrecipient. The Subrecipient agrees that it will comply with any and all environmental laws and regulations, including but not limited to CEQA, that are applicable to any and all work, expenditure of funds, activities, or projects arising out of or related to the use of funds disbursed to Subrecipient by this Agreement.

Section 5. CALIFORNIA ENVIRONMENTAL QUALITY ACT (“CEQA”): NOTICE

OF EXEMPTION
For purposes of this Subrecipient Agreement, the County is acting in the capacity as a passthrough entity for purposes of disbursing funds to the Subrecipient. The Subrecipient agrees that it will comply with any and all environmental laws and regulations, including but not limited to CEQA, that are applicable to any and all work, expenditure of funds, activities, or projects arising out of or related to the use of funds disbursed to Subrecipient by this Agreement.

Section 6. COMPENSATION
A. Subrecipient shall be paid $800,000, in advance stages, for the services described in this agreement as prescribed in Sections 2 and 5 of this Subaward.

B. Subrecipient shall be paid via electronic invoice payment, automated clearing house (ACH), County Credit Card, or Commerce Bank virtual card. ACH payments require submission of the completed Auditor-Controller ACH/Direct Deposit authorization form within five days of execution of this agreement.

C. Subrecipient’s violation or breach of agreement terms may result in fiscal penalties, withholding of compensation, or termination of Subaward.

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Section 7. BILLING AND PAYMENT
A. Subrecipient shall be paid as follows with County’s receipt of a County-approved itemized statement or invoice:
(1) $200,000 within 30 days of a fully executed agreement; (2) $200,000 when first progress report on the building of the Housing Units has been received from Subrecipient;
(3) $200,000 when second progress report on the building of the Housing Units has been received from Subrecipient; and
(4) $200,000 when Subrecipient declares that the building is in final stages which means the Certificate of Completion.

B. Should County, or the state or federal government, disallow any amount claimed by Subrecipient, Subrecipient shall reimburse County, or the state or federal government, as directed by County, or the state or federal government, for such disallowed cost.

Section 8. TERM OF SUBAWARD
A. This Subaward shall commence as of the last date it has been signed by both Parties and shall end June 30, 2025, except the item listed in Section 2.A.(5), which shall remain for 20 years.

Section 9. TERMINATION OF SUBAWARD
A. If Subrecipient materially fails to perform Subrecipient’s responsibilities under this Subaward to the satisfaction of County, or if Subrecipient fails to fulfill in a timely and professional manner Subrecipient’s responsibilities under this Subaward, or if Subrecipient violates any of the terms or provisions of this Subaward, then County shall have the right to terminate this Subaward for cause effective immediately upon the County giving written notice thereof to Subrecipient. If termination for cause is given by County to Subrecipient and it is later determined that Subrecipient was not in default or the default was excusable, then the notice of termination shall be deemed to have been given without cause pursuant to paragraph B of this section.

B. County may terminate this Subaward without cause on 30 days written notice to Subrecipient.

C. County may terminate this Subaward immediately upon oral notice should funding cease or be materially decreased during the term of this Subaward.

D. County’s right to terminate this Subaward may be exercised by County’s Health and Human Services Agency (“HHSA”) Director or any HHSA Branch Director designated by the HHSA Director.

E. Should this Subaward be terminated, Subrecipient shall promptly provide to County any and all finished and unfinished reports, data, studies, photographs, charts, and other documents prepared by Subrecipient pursuant to this Subaward.

F. If this Subaward is terminated, Subrecipient shall only be paid for services satisfactorily completed and provided prior to the effective date of termination.

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Section 10. ENTIRE SUBAWARD; AMENDMENTS; HEADINGS;

EXHIBITS/APPENDICES
A. This Subaward supersedes all previous Subawards relating to the subject of this Subaward and constitutes the entire understanding of the Parties hereto. Subrecipient shall be entitled to no other benefits other than those specified herein. Subrecipient specifically acknowledges that in entering into and executing this Subaward, Subrecipient relies solely upon the provisions contained in this Subaward and no others.

B. No changes, amendments, or alterations to this Subaward shall be effective unless in writing and signed by both Parties. However, minor amendments, including retroactive, that do not result in a substantial or functional change to the original intent of this Subaward and do not cause an increase to the maximum amount payable under this Subaward may be agreed to in writing between Subrecipient and the County’s HHSA Director or any HHSA Branch Director designated by the HHSA Director, provided that the amendment is in substantially the same format as the County’s standard format amendment contained in the Shasta County Contracts Manual (Administrative Policy 6-101).

C. The headings that appear in this Subaward are for reference purposes only and shall not affect the meaning or construction of this Subaward.

D. If any ambiguity, inconsistency, or conflict exists or arises between the provisions of this Subaward and the provisions of any of this Subaward’s exhibits or appendices, the provisions of this Subaward shall govern.

Section 11. NONASSIGNMENT OF SUBAWARD; NON-WAIVER
Inasmuch as this Subaward is intended to secure the specialized services of Subrecipient, Subrecipient may not assign, transfer, delegate, or sublet any interest herein without the prior written consent of County. The waiver by County of any breach of any requirement of this Subaward shall not be deemed to be a waiver of any other breach.

Section 12. EMPLOYMENT STATUS OF SUBRECIPIENT
Subrecipient shall, during the entire term of this Subaward, be construed to be an independent contractor, and nothing in this Subaward is intended nor shall be construed to create an employer-employee relationship, a joint venture relationship, or to allow County to exercise discretion or control over the professional manner in which Subrecipient performs the work or services that are the subject matter of this Subaward; provided, however, that the work or services to be provided by Subrecipient shall be provided in a manner consistent with the professional standards applicable to such work or services. The sole interest of County is to ensure that the work or services shall be rendered and performed in a competent, efficient, and satisfactory manner. Subrecipient shall be fully responsible for payment of all taxes due to the State of California or the federal government that would be withheld from compensation if Subrecipient were a County employee.

County shall not be liable for deductions for any amount for any purpose from Subrecipient’s compensation. Subrecipient shall not be eligible for coverage under County’s workers’ compensation insurance plan nor shall Subrecipient be eligible for any other County benefit. Subrecipient must issue W-2 and 941 Forms for income and Packet Pg. 148 Attachment: RFP for Parkview Infill Final (4.2(b)--Accept Subaward of REAP 2.0 funds from the Shasta Regional Transportation Agency) Agr.EMB.City of Redding,2325
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employment tax purposes, for all of Consultant’s assigned personnel under the terms and conditions of this Subaward.

Section 13. INDEMNIFICATION
To the fullest extent permitted by law, Subrecipient shall indemnify and hold harmless County, its elected officials, officers, employees, agents, and volunteers against all claims, suits, actions, costs, expenses (including, but not limited to, reasonable attorney's fees of County Counsel and counsel retained by County, expert fees, litigation costs, and investigation costs), damages, judgments, or decrees arising from the work or the provision of services undertaken pursuant to this Subaward by Subrecipient, or by any of Subrecipient’s subcontractors, any person employed under Subrecipient, or under any subcontractor, or in any capacity, except when the injury or loss is caused by the sole negligence or intentional wrongdoing of County. Subrecipient shall also, at Subrecipient’s own expense, defend the County, its elected officials, officers, employees, agents, and volunteers, against any claim, suit, action, or proceeding brought against County, its elected officials, officers, employees, agents, and volunteers, arising from the work or the provision of services undertaken pursuant to this Subaward by Subrecipient, or any of Subrecipient’s subcontractors, any person employed under Subrecipient, or under any Subcontractor, or in any capacity. Subrecipient shall also defend and indemnify County for any adverse determination made by the Internal Revenue Service or the State Franchise Tax Board and/or any other taxing or regulatory agency and shall defend, indemnify, and hold harmless County with respect to Subrecipient’s “independent contractor” status that would establish a liability on County for failure to make social security deductions or contributions or income tax withholding payments, or any other legally mandated payment.

The provisions of this paragraph are intended to be interpreted as broadly as permitted by applicable law. This provision shall survive the termination, expiration, or cancellation of this Subaward.

Section 14. INSURANCE REQUIREMENTS
A. Prior to commencing its responsibilities prescribed in this agreement, Subrecipient shall provide to County a Certificate of Self-Insurance, which shall be subject to approval by the County’s Risk Manager prior to the effective date of this agreement.

B. County understands, acknowledges, and agrees that Subrecipient is self-insured with respect to its automobile and general liability exposures and shall remain selfinsured throughout the term of this agreement.

C. Subrecipient shall maintain insurance, or participation in program(s) of selfinsurance or private insurance, for the 20-year term, in accordance with the Housing Units, described in Section 2.A.(5), sufficient to cover structures of this agreement for all types of loss, (other than for County’s negligent acts or omissions), including, but not limited to fire, theft, vandalism, and damage caused by acts of nature, in an amount not less than the full replacement value of Housing Units.

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Section 15. NOTICE OF CLAIM; APPLICABLE LAW; VENUE
A. If any claim for damages is filed with Subrecipient or if any lawsuit is instituted concerning Subrecipient’s performance under this Subaward and that in any way, directly or indirectly, contingently or otherwise, affects or might reasonably affect County, Subrecipient shall give prompt and timely notice thereof to County. Notice shall be prompt and timely if given within 30 days following the date of receipt of a claim or 10 days following the date of service of process of a lawsuit. This provision shall survive the termination, expiration, or cancellation of this Subaward.

B. Any dispute between the Parties, and the interpretation of this Subaward, shall be governed by the laws of the State of California. Any litigation shall be venued in Shasta County.

Section 16. COMPLIANCE WITH LAWS; NON-DISCRIMINATION
A. Subrecipient shall observe and comply with all applicable present and future federal laws, state laws, local laws, codes, rules, regulations, and/or orders that relate to the work or services to be provided pursuant to this Subaward.

B. Subrecipient shall not discriminate in employment practices or in the delivery of services on the basis of race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, medical condition (including cancer, HIV, and AIDS) physical or mental disability, use of family care leave under either the Family & Medical Leave Act or the California Family Rights Act, or on the basis of any other status or conduct protected by law.

C. Subrecipient represents that Subrecipient is in compliance with and agrees that Subrecipient shall continue to comply with the Americans with Disabilities Act of 1990 (42 U.S.C. sections 12101, et seq.), the Fair Employment and Housing Act (Government Code sections 12900, et seq.), and regulations and guidelines issued pursuant thereto.

D. No funds or compensation received by Subrecipient under this Subaward shall be used by Subrecipient for sectarian worship, instruction, or proselytization. No funds or compensation received by Subrecipient under this Subaward shall be used to provide direct, immediate, or substantial support to any religious activity.

E. In addition to any other provisions of this Subaward, Subrecipient shall be solely responsible for any and all damages caused, and/or penalties levied, as the result of Subrecipient noncompliance with the provisions of this section.

Section 17. ACCESS TO RECORDS; RECORDS RETENTION
A. County, federal, and state officials shall have access to any books, documents, papers, and records of Subrecipient that are directly pertinent to the subject matter of this Subaward for the purpose of auditing or examining the activities of Subrecipient or County. Except where longer retention is required by federal or state law, Subrecipient shall maintain all records for five years after County makes final payment hereunder.

This provision shall survive the termination, expiration, or cancellation of this Subaward.

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B. Subrecipient shall maintain appropriate records to ensure a proper accounting of all funds and expenditures pertaining to the work performed or the services provided pursuant to this Subaward. Subrecipient shall maintain records providing information that account for all funds and expenses related to the provision of services provided pursuant to this Subaward. Access to these records shall be provided to County during working days, 8:00 a.m. to 5:00 p.m. and at other times upon reasonable notice by County, and upon request of state and federal agencies charged with the administration of programs related to the work or services to be provided pursuant to this Subaward.

C. Subrecipient agrees to accept responsibility for receiving, replying to, and/or complying with any audit exception by appropriate federal, state, or County audit directly related to the provisions of this Subaward. Subrecipient agrees to repay County the full amount of payment received for duplicate billings, erroneous billings, audit exceptions, or false or deceptive claims. Subrecipient agrees that County may withhold any money due and recover through any appropriate method any money erroneously paid under this Subaward if evidence exists of less than full compliance with this Subaward including, but not limited to, exercising a right of set-off against any compensation payable to Subrecipient.

Section 18. COMPLIANCE WITH CHILD, FAMILY, AND SPOUSAL SUPPORT

REPORTING OBLIGATIONS
Subrecipient’s failure to comply with state and federal child, family, and spousal support reporting requirements regarding Subrecipient’s employees or failure to implement lawfully served wage and earnings assignment orders or notices of assignment relating to child, family, and spousal support obligations shall constitute a default under this Subaward. Subrecipient’s failure to cure such default within 90 days of notice by County shall be grounds for termination of this Subaward.

Section 19. LICENSES AND PERMITS
Subrecipient, and Sub’s officers, employees, and agents performing the work or services required by this Subaward, shall possess and maintain all necessary licenses, permits, certificates, and credentials required by the laws of the United States, the State of California, the County of Shasta, and all other appropriate governmental agencies, including any certification and credentials required by County. Failure to maintain the licenses, permits, certificates, and credentials shall be deemed a breach of this Subaward and constitutes grounds for the termination of this Subaward by County.

Section 20. PERFORMANCE STANDARDS
Subrecipient shall perform the work or services required by this Subaward in accordance with the industry and/or professional standards applicable to Subrecipient’s work or services.

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Section 21. CONFLICTS OF INTEREST
Subrecipient and Subrecipient’s officers and employees shall not have a financial interest, or acquire any financial interest, direct or indirect, in any business, property, or source of income that could be financially affected by or otherwise conflict in any manner or degree with the performance of the work or services required under this Subaward.

Section 22. NOTICES
A. Except as provided in section 7.C. of this Subaward (oral notice of termination due to insufficient funding), any notices required or permitted pursuant to the terms and provisions of this Subaward shall be given to the appropriate Party at the address specified below or at such other address as the Party shall specify in writing. Such notice shall be deemed given: (1) upon personal delivery; or (2) if sent by first class mail, postage prepaid, two days after the date of mailing.

If to County: Branch Director
HHSA Regional Services Branch
Attn: Contracts Unit
2430 Breslauer Way
Redding, CA 96001
Phone: 530-245-7638
Fax: 530-225-5443
If to Subrecipient: Nicole Smith
Community Development Manager
City of Redding
P.O. Box 496071
Redding, CA 96049
Phone: 530-225-4336
And CC: City Manager
City of Redding
P.O. Box 496071
Redding, CA 96049
Phone: 530-225-4060
Fax: 530.225.4044
B. Any oral notice authorized by this Subaward shall be given to the persons specified in Section 20.A. and shall be deemed to be effective immediately.

C. Unless otherwise stated in this Subaward, any written or oral notices on behalf of the County as provided for in this Subaward may be executed and/or exercised by the County Executive Officer or designee.

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Section 23. SUBAWARD PREPARATION
It is agreed and understood by the Parties that this agreement has been arrived at through negotiation and that neither Party is to be deemed the Party which created any uncertainty in this Subaward within the meaning of section 1654 of the Civil Code.

Section 24. COMPLIANCE WITH POLITICAL REFORM ACT
Subrecipient shall comply with the California Political Reform Act (Government Code, sections 81000, et seq.), with all regulations adopted by the Fair Political Practices Commission pursuant thereto, and with the County’s Conflict of Interest Code, with regard to any obligation on the part of Subrecipient to disclose financial interests and to recuse from influencing any County decision which may affect Subrecipient’s financial interests.

If required by the County’s Conflict of Interest Code, Subrecipient shall comply with the ethics training requirements of Government Code sections 53234, et seq.

Section 25. PROPERTY TAXES
Subrecipient represents and warrants that Subrecipient, on the date of execution of this Subaward, (1) has paid all property taxes for which Subrecipient is obligated to pay, or (2) is current in payments due under any approved property tax payment arrangement. Subrecipient shall make timely payment of all property taxes at all times during the term of this Subaward.

Section 26. SEVERABILITY
If any portion of this Subaward or application thereof to any person or circumstance is declared invalid by a court of competent jurisdiction or if it is found in contravention of any federal or state statute or regulation or County ordinance, the remaining provisions of this Subaward, or the application thereof, shall not be invalidated thereby and shall remain in full force and effect to the extent that the provisions of this Subaward are severable.

Section 27. COUNTY’S RIGHT OF SETOFF
To the fullest extent permitted by law, County shall have the right but not the obligation, to setoff, in whole or in part, against any compensation owed to Subrecipient or any of its subsidiaries under any contract with the County, any amount of any Federal or State audit liability owed by or claimed or asserted against the County or any amounts owed to County by Subrecipient or its subsidiaries.

Section 28. COUNTERPARTS/ELECTRONIC, FACSIMILE, AND PDF SIGNATURES This agreement may be executed in any number of counterparts, each of which will be an original, but all of which together will constitute one instrument. Each Party of this agreement agrees to the use of electronic signatures, such as digital signatures that meet the requirements of the California Uniform Electronic Transactions Act (“CUETA”) Cal.

Civ. Code §§ 1633.1 to 1633.17), for executing this agreement. The Parties further agree that the electronic signatures of the Parties included in this agreement are intended to authenticate this writing and to have the same force and effect as manual Packet Pg. 153 Attachment: RFP for Parkview Infill Final (4.2(b)--Accept Subaward of REAP 2.0 funds from the Shasta Regional Transportation Agency) Agr.EMB.City of Redding,2325
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signatures. Electronic signature means an electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record pursuant to the CUETA as amended from time to time. The CUETA authorizes use of an electronic signature for transactions and contracts among Parties in California, including a government agency. Digital signature means an electronic identifier, created by computer, intended by the party using it to have the same force and effect as the use of a manual signature, and shall be reasonably relied upon by the Parties. For purposes of this section, a digital signature is a type of "electronic signature" as defined in subdivision (i) of Section 1633.2 of the Civil Code. Facsimile signatures or signatures transmitted via pdf document shall be treated as originals for all purposes.

SIGNATURE PAGE FOLLOWS
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IN WITNESS WHEREOF, County and Subrecipient have executed this Subaward on the dates set forth below. By their signatures below, each signatory represents they have the authority to execute this Subaward and to bind the Party on whose behalf their execution is made.

COUNTY OF SHASTA
Date:

PATRICK JONES, CHAIR
Board of Supervisors
County of Shasta
State of California
ATTEST:

Mary Williams
Acting Clerk of the Board of Supervisors
By:

Deputy
Approved as to form:

RUBIN E. CRUSE, JR
County Counsel
By: _______________________________ Date:

Name: Alan B. Cox Title: Senior Deputy County Counsel

RISK MANAGEMENT APPROVAL
By: _______________________________ Date:

Name: James Johnson Title: Risk Management Analyst III
SUBRECIPIENT – City of Redding
By: _______________________________ Date:

Name: Michael DaquistoTitle: Mayor
By: _______________________________ Date:

Name: Title:

Tax I.D.#: On File
Packet Pg. 155 Attachment: RFP for Parkview Infill Final (4.2(b)--Accept Subaward of REAP 2.0 funds from the Shasta Regional Transportation Agency) STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

DIVISION OF POLICY DEVELOPMENT
2020 W. El Camino Avenue, Suite 500, 95833
P. O. Box 952054
Sacramento, CA 94252-2054
(916) 263-2771 / FAX (916) 263-2763
www.hcd.ca.gov
July 26, 2022
MEMORANDUM FOR: All Metropolitan Planning Organizations FROM: Megan Kirkeby, Deputy Director Division of Housing Policy Development
SUBJECT: Notice of Funding Availability and Final Guidelines – Metropolitan Planning Organization Allocation
Regional Early Action Planning Grant (REAP 2.0)
The California Department of Housing and Community Development (HCD), in collaboration with the Office of Planning and Research (OPR), the Strategic Growth Council (SGC), and the State Air Resources Board (CARB), is pleased to release this Notice of Funding Availability (NOFA) for approximately $510,000,000 for the Regional Early Action Planning Grant Program of 2021 (REAP 2.0). The principal goal of REAP

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

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

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

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

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

Packet Pg. 156 Attachment: RFP for Parkview Infill Final (4.2(b)--Accept Subaward of REAP 2.0 funds from the Shasta Regional Transportation Agency) Regional Early Action
Planning Grants of 2021
(REAP 2.0)
Final Guidelines for Metropolitan Planning Organizations State of California
Governor Gavin Newsom
July 2022
Website: https://www.hcd.ca.gov/grants-funding/active-funding/reap2.shtml Email: [email protected]
Packet Pg. 157 Attachment: RFP for Parkview Infill Final (4.2(b)--Accept Subaward of REAP 2.0 funds from the Shasta Regional Transportation Agency) Table of Contents
Section 100: Introduction.......................................................................................................4 Section 101: REAP 2.0 Program Background......................................................................4 Section 102: Scope and Authority.........................................................................................4 Section 200: REAP 2.0 Goals, Objectives, Threshold Requirements and Eligible Uses..6 Section 201: REAP 2.0 Goals.................................................................................................6 Section 202: REAP 2.0 Objectives.........................................................................................6 Section 203: Threshold Requirements .................................................................................8 Section 204: Eligible Uses ...................................................................................................10 Section 205: Ineligible Uses.................................................................................................12 Section 300: Applicant and Application Provisions ..........................................................13 Section 301: Application Requirements and Contents .....................................................13 Section 302: Application Submittal.....................................................................................14 Section 400: Metropolitan Planning Organization Allocation...........................................14 Section 401: Eligible Applicants..........................................................................................14 Section 402: Award Amounts ..............................................................................................15 Section 403: Advance Allocation ........................................................................................15 Section 404: Application Review.........................................................................................16 Section 405: Evaluation of Applications.............................................................................16 Section 406: Suballocation ..................................................................................................19 Section 500: Administration ................................................................................................20 Section 501: Grant Execution and Term.............................................................................20 Section 502: Accounting and Records ...............................................................................20 Section 503: Invoicing..........................................................................................................21 Section 504: Audits...............................................................................................................21 Section 505: Remedies of Non-performance .....................................................................22 Section 506: Reporting.........................................................................................................23 Section 600: Right to Modify or Suspend Guidelines and Final Decision Making .........24 Attachment 1: Statute...........................................................................................................25 Attachment 2: Definitions ....................................................................................................36 Attachment 3: Award Amounts by Eligible Applicant .......................................................41 Attachment 4: Applying Units of Measurement .................................................................42 Packet Pg. 158 Attachment: RFP for Parkview Infill Final (4.2(b)--Accept Subaward of REAP 2.0 funds from the Shasta Regional Transportation Agency) 4 Section 100: Introduction
The REAP 2.0 Program is funded in the amount of $600 million from the State General Fund. The Regional Early Action Planning Grants of 2021 will be administered by the California Department of Housing and Community Development (HCD) (Department), in collaboration with the Governor’s Office of Planning and Research (OPR), the Strategic Growth Council (SGC), and the California Air Resources Board (CARB). (Referred hereafter collectively as “State Collaborative Partners”.) A majority of the funds (85 percent) will be allocated directly to the state’s Metropolitan Planning Organizations (MPOs). The remaining funds are split into a set aside for nonMPO regions for smaller counties and Tribal Entities, as well as a Higher Impact Transformative Allocation for all Eligible Entities.

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

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

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

Section 102: Scope and Authority
These Guidelines are authorized pursuant to Chapter 3.15 of Health and Safety Code sections 50515.06 to 50515.10 and implements, interprets, and makes statute specific for purposes of implementing REAP 2.0. These Guidelines establish terms, conditions, forms, procedures, and other mechanisms as the Department deems necessary to exercise the powers and perform the duties conferred by Chapter 3.15.

Packet Pg. 159 Attachment: RFP for Parkview Infill Final (4.2(b)--Accept Subaward of REAP 2.0 funds from the Shasta Regional Transportation Agency) 5 The matters set forth herein are regulatory mandates, and are adopted in accordance with the authorities set forth below:

Quasi-legislative regulations … have the dignity of statutes … [and]… delegation of legislative authority includes the power to elaborate the meaning of key statutory terms…
Ramirez v. Yosemite Water Co., 20 Cal. 4th 785, 800 (1999).

Further, the Department and State Collaborative Partners may implement REAP

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

Packet Pg. 160 Attachment: RFP for Parkview Infill Final (4.2(b)--Accept Subaward of REAP 2.0 funds from the Shasta Regional Transportation Agency) 6 Section 200: REAP 2.0 Goals, Objectives, Threshold
Requirements and Eligible Uses
Section 201: REAP 2.0 Goals
REAP 2.0 goals include:
(A) Invest in Housing, planning, and Infill Housing-supportive infrastructure across the entire state in a manner that reduces VMT, increases Housing affordability, and advances equity, consistent with all of the following:

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

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

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

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

Section 202: REAP 2.0 Objectives
REAP 2.0 Objectives include:
(A) Accelerating Infill Development that Facilitates Housing Supply, Choice, and Affordability
(B) Affirmatively Furthering Fair Housing
(C)Reducing Vehicle Miles Traveled
(A) Accelerating Infill Development that Facilitates Housing Supply, Choice, and Affordability

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

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

3. Affordable Housing development programs – which may involve predevelopment costs (e.g., studies, land acquisition, entitlements), large expenditures and capital investments – are eligible uses if the programs accelerate the supply of long-term Affordable Housing for Lower and moderatePacket Pg. 161 Attachment: RFP for Parkview Infill Final (4.2(b)--Accept Subaward of REAP 2.0 funds from the Shasta Regional Transportation Agency) 7 income Households and commit to development within a reasonable time frame (e.g., within 5 years of the expenditure deadline). (B) Affirmatively Furthering Fair Housing (AFFH)

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

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

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

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

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

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

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

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

8. Suballocations must address local, unique equity priorities. (C)Reducing Vehicle Miles Traveled

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

2. Proposed Uses shall focus on the VMT-reducing elements of the SCS, as Packet Pg. 162 Attachment: RFP for Parkview Infill Final (4.2(b)--Accept Subaward of REAP 2.0 funds from the Shasta Regional Transportation Agency) 8 applicable, to achieve and maintain the region’s greenhouse gas emission reduction targets by supporting or implementing action-oriented plans, policies, and investment strategies broadly described as:
i. Land Use Planning, Policies, and Investment Strategies: Encourage Infill development that facilitates Housing supply, choice, and affordability and is serviced by existing and planned expansions of a multimodal transportation system.
ii. Transportation Planning, Policies, and Investment Strategies: Increase travel options to homes, jobs, services, and other key destinations that provide, support, or enhance Multimodal Communities and reduce the number or length of vehicle trips.

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

Section 203: Threshold Requirements
(A) Significant Beneficial Impact

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

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

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

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

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

Packet Pg. 163 Attachment: RFP for Parkview Infill Final (4.2(b)--Accept Subaward of REAP 2.0 funds from the Shasta Regional Transportation Agency) 9 6. Where instructed, applicants must provide clear evidence that demonstrates a nexus between each Proposed Use and REAP 2.0 objectives, utilizing numeric metrics, targets, outputs, or other units of measurement that can be measured and evaluated as described by these Guidelines (See Attachment 4: Examples of Units of Measurement). Applicants may propose other units of measurement in consultation with the Department and State Collaborative Partners; such other measurements may be subject to a greater level of scrutiny. (B) Equitable Targeted Outreach

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

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

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

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

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

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

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

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

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

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

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

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

Packet Pg. 164 Attachment: RFP for Parkview Infill Final (4.2(b)--Accept Subaward of REAP 2.0 funds from the Shasta Regional Transportation Agency) 10 11.Outreach must include effective and meaningful methods to gather and consider input and partnership with Tribal Entities. Methods must demonstrate a diligent effort to consult with Tribal Entities. Examples include acknowledgement of outreach, demonstration of consultation and incorporation of Tribal interest in priority setting and Proposed Uses.

Section 204: Eligible Uses
(A) Activities generally may include:

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

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

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

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

Applicants that dedicate at least 70% of funding to implementation activities are generally not subject to consultation with the Department and State Collaborative Partners regarding the blend of planning and implementation activities. (C)The collection of eligible uses in the application should be integrated wherever possible and should lead to greater impact when implemented together. (D)Eligible uses may be coupled with other verifiable and related activities being undertaken that will be completed by the applicant or in coordination with other entities as demonstrated by a formal written agreement or other documentation (e.g., resolution) to the satisfaction of the Department Packet Pg. 165 Attachment: RFP for Parkview Infill Final (4.2(b)--Accept Subaward of REAP 2.0 funds from the Shasta Regional Transportation Agency) 11 (E) Eligible uses could include but are not limited to:

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

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

3. Shifting travel behavior through reducing driving:
a. Studying roadway pricing feasibility and implementing road pricing programs.
b. Funding the establishment of a local VMT impact fee or catalyzing a regional VMT mitigation bank (seed funding for mitigation is ineligible).
c. Funding and implementing parking and transportation demand management programs or ordinances.
d. Accelerating Infill Housing production near jobs, transit, and Packet Pg. 166 Attachment: RFP for Parkview Infill Final (4.2(b)--Accept Subaward of REAP 2.0 funds from the Shasta Regional Transportation Agency) 12 resources.

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

Section 205: Ineligible Uses
(A) Ineligible uses are uses inconsistent with REAP 2.0 goals and objectives. (B) Ineligible uses apply to suballocations.
(C)Ineligible uses include but are not limited to:

1. Roadway or highway capacity increases

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

3. Bonus payments of any kind

4. Ceremonial expenses

5. Commission fees

6. Real estate brokerage fees or expenses

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

8. Stewardship of legal defense funds

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

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

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

12.Costs associated with automobile or motorcycle parking (excluding EV Packet Pg. 167 Attachment: RFP for Parkview Infill Final (4.2(b)--Accept Subaward of REAP 2.0 funds from the Shasta Regional Transportation Agency) 13 charging infrastructure). Proposed Uses with a surface parking component are not eligible.

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

14.Costs associated with ongoing provisions of internet service

15.In lieu fees for local inclusionary Housing programs

16.Updates to the RTP

17.Organizational membership fees

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

Section 300: Applicant and Application Provisions
Section 301: Application Requirements and Contents
(A) Until December 31, 2022, or as otherwise prescribed, an Eligible Entity may request an allocation of funds by submitting an application, in the form and manner prescribed by the Department, and developed with the Department and State Collaborative Partners, that includes all of the following information:

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

2. An allocation budget for the funds;

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

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

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

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

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

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

Definitions).

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

Packet Pg. 168 Attachment: RFP for Parkview Infill Final (4.2(b)--Accept Subaward of REAP 2.0 funds from the Shasta Regional Transportation Agency) 14 i. Accelerating Infill Development that facilitates Housing supply, choice, and affordability.
ii. Supporting residents through realizing Multimodal Communities. iii. Reducing driving through shifting travel behavior. iv. Increasing transit ridership.

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

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

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

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

Section 400: Metropolitan Planning Organization Allocation Section 401: Eligible Applicants
(A) Eligible applicants are limited to MPOs and Councils of Governments (COGs) listed in Health and Safety Code section 50515.08, subdivision (a), paragraphs (1) to (6). These include: the Metropolitan Transportation Commission, the Sacramento Area Council of Governments, the San Diego Association of Governments, the Southern California Association of Governments, the Association of Monterey Bay Area Governments, the San Luis Obispo Council of Governments, the Santa Barbara County Association of Governments, the Fresno Council of Governments, the Kern Council of Governments, the Kings County Association of Governments, the Madera County Transportation Commission, the Merced County Association of Governments, the San Joaquin Council of Governments, the Stanislaus Council of Governments, the Tulare County Association of Governments, the Butte County Association of Governments, Shasta Regional Transportation Agency, and the Tahoe Regional Planning Agency.
(B) Eligible applicants that are COGs may include a single or multicounty Council of Packet Pg. 169 Attachment: RFP for Parkview Infill Final (4.2(b)--Accept Subaward of REAP 2.0 funds from the Shasta Regional Transportation Agency) 15 Governments.
(C)Eligible applicants may partner through legally binding agreements with other forms of governments or entities where the proposal will have a direct effect on land-use, transportation, or development within areas of influence of the eligible applicant. This includes, but is not limited to, partnerships with other localities, regional governments, Housing authorities, school districts, special districts, community-based organizations, Tribal Entities or any duly constituted governing body of an Indian Reservation or Rancheria. Applicants forming partnerships must submit separate, completed, and signed application packages, including resolutions and a copy of the signed agreement between partners. Applicant partners may not submit an application on behalf of the eligible applicant.

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

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

Section 403: Advance Allocation
(A) On or after January 1, 2022, an Eligible Entity may request up to 10 percent of funding available in advance of their full application. (B) Any proposed activity for the advanced funding must be used to develop and accelerate implementation of the full application. While funding to accelerate implementation of the full application may be requested, requests to begin program implementation will be subject to scrutiny of full application review standards and require consultation with the Department and State Collaborative Partners. (C)Advanced funding allocations must be used to assist in the evaluation of priorities and potential uses in compliance with REAP 2.0 goals and objectives. (D)Advanced funding requests for outreach must target efforts in Disadvantaged and Historically Underserved Communities.
(E) A funding request may include, but is not limited to, administration (5 percent cap), program development, initial priority setting, targeted outreach to Disadvantaged and Historically Underserved Communities, education and outreach and interregional engagement in the development of the full application. (F) The Department shall award requested funds in an expeditious manner after receiving the request.
(G)To receive an advance allocation, applicants must submit an application, resolution, and invoice.
(H)Applicants may submit a request for an advance under this section at any time during the application period ending December 31, 2022, prior to a full application.

However, a full application must be received by December 31, 2022. (I) Applicants who received an advance allocation may be required to demonstrate Packet Pg. 170 Attachment: RFP for Parkview Infill Final (4.2(b)--Accept Subaward of REAP 2.0 funds from the Shasta Regional Transportation Agency) 16 progress in carrying out advance activities according to an agreed upon timetable prior to being awarded the full application amount. While this progress must be demonstrated prior to an award for the balance of funds, the advanced funds do not need to be completely expended prior to applying for and being awarded the remainder of the REAP 2.0 funds.

Section 404: Application Review
(A) The MPO Direct Allocation will not utilize a competitive process to award funds. (B) Funds will be available to eligible applicants on a rolling OTC basis beginning on the date of this NOFA and ending December 31, 2022.
(C)An application form will be available upon release of the NOFA and will include forms to demonstrate eligibility requirements are met such as, among other forms, a resolution, a proposed budget, a proposed timeline table, and self-certified attachments demonstrating compliance with threshold requirements. (D)The Department and State Collaborative Partners shall review each application in an expeditious manner.
(E) Applications will first be reviewed for, among other things, completeness, accuracy and threshold and eligibility requirements.
(F) An application must contain requested information and supporting documentation where appropriate.
(G)All applications must meet the threshold and eligible use requirements as specified in these Guidelines.
(H)If the application is ineligible, it will not be considered for funding, but may be amended and resubmitted.
(I) The Department may request additional information to complete and approve the application for funding.
(J) Applications recommended for funding are subject to conditions specified by the Department and State Collaborative Partners.
(K) All applicants not meeting the eligibility requirements will be informed in an expeditious manner.
(L) Successful applicants will receive an award letter from the Department and will be awarded funds. Applicants will enter into a Standard Agreement for distribution of funds. The Standard Agreement process will specify, among other things, the amount of funds granted, suballocation amounts, timeline for expenditure of funds, and the approved uses of funds by suballocation.

Section 405: Evaluation of Applications
(A) The Department and State Collaborative Partners review applications to determine whether Proposed Uses and suballocations are distributed in a manner that satisfies all REAP 2.0 requirements, as applicable, and appropriately address an applicant’s unique Housing, land use, transportation, climate change, equity, and other planning priorities consistent with REAP 2.0 goals and objectives. (B) The Department’s and State Collaborative Partners’ review of an application includes analyzing how each Proposed Use conforms with the REAP 2.0 and relevant funding source requirements.
(C)The Department and State Collaborative Partners will review applicants’ explanations of how each Proposed Use will meet the definition of Transformative Planning and Implementation Activity and how each Proposed Use will implement Packet Pg. 171 Attachment: RFP for Parkview Infill Final (4.2(b)--Accept Subaward of REAP 2.0 funds from the Shasta Regional Transportation Agency) 17 and achieve Housing goals that also result in a reduction of VMT in furtherance of the region’s SCS or Alternative Planning Strategy, as applicable. In addition, the Department and State Collaborative Partners will review any application’s explanation of how each Proposed Use has a geographic or region-wide benefit for Disadvantaged and Historically Underserved Communities, and focuses implementation in areas that satisfy an applicable definition of Infill development. (D)The Department and State Collaborative Partners require that applicants provide sufficient evidence that demonstrates a nexus between a Proposed Use and meeting all REAP 2.0 goals and objectives.
(E) Applications must explain how Proposed Uses meet all Program Objectives. Each Proposed Use should be discussed in terms that enable the Department and State Collaborative Partners to assess how the Proposed Use, when implemented, furthers the following (See Attachments 4 for supplemental guidance and materials):

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

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

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

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

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

Packet Pg. 172 Attachment: RFP for Parkview Infill Final (4.2(b)--Accept Subaward of REAP 2.0 funds from the Shasta Regional Transportation Agency) 18 I. New or enhanced public services and community assets such as parks, social service programs, active transportation, infrastructure, and other community amenities,
II. Increased access to public services, and
III. Housing-supportive infrastructure service in areas of concentrated poverty or similar areas
g. Other metrics found in the Department’s AFFH Guidance Memo iii. Some examples of a Proposed Use include, but are not limited to:
a. For Higher or Moderate Resource Communities or Areas, and/or areas of lower resource coupled with measures to promote equitable quality of life and access to Higher Resource Communities or Areas:

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

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

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

I. Population and employment densities,
II. Land use mix,
III. Street network connectivity,
IV. Linkages and pathways with active transportation infrastructure, V. Accessibility between destinations, and/or
VI. Contiguousness of land uses and transportation networks b. Activities, subject to applicable program funding requirements, that would develop, support, or implement transportation planning, Packet Pg. 173 Attachment: RFP for Parkview Infill Final (4.2(b)--Accept Subaward of REAP 2.0 funds from the Shasta Regional Transportation Agency) 19 policies, and investment strategies that support Infill development that facilitates housing supply, choice, and affordability by:

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

Section 406: Suballocation
(A) Eligible Entities may suballocate funds to Eligible Entities in the form of grants. (B) Eligible Entities for the purposes of suballocations may be broadly construed and include, but are not limited to, a county, a city, a city and county, a transit agency or district, a county transportation agency, Tribal Entity, community-based organization, Public Housing Authority, academic institution, developers of Affordable Housing, or regional Housing Trust Fund.
(C)Proposed evaluation criteria for any suballocation uses are subject to review and approval by the Department and State Collaborative Partners during the application process, and must align with REAP 2.0 Program goals, objectives, and definitions.

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

2.0 Program.
(J) Eligible Entities shall expeditiously act to execute the Standard Agreement and Packet Pg. 174 Attachment: RFP for Parkview Infill Final (4.2(b)--Accept Subaward of REAP 2.0 funds from the Shasta Regional Transportation Agency) 20 ensure expenditure deadlines are met throughout the implementation of the REAP

2.0 Program.

Section 500: Administration
Section 501: Grant Execution and Term
(A) The Department will notify the grantee if they have been selected for a grant award. (B) After the Standard Agreement has been sent electronically, the grantee will be provided instructions for signing all required documents. The grantee must submit all supporting materials and a signed Standard Agreement within the timeline provided in the instructions or risk forfeiting the grant award. (C)The grant term begins on the day the Department and the grantee have fully executed the Standard Agreement. The Department will notify the grantee and partners when work may proceed under the agreement. However, eligible activities that are approved by the Department may be retroactively reimbursed to July 1, 2021.
(D)Each recipient of funds under REAP must encumber those funds no later than June 30, 2024, and expend those funds no later than June 30, 2026. Final invoices must be submitted to the Department three months prior to the expenditure deadline.

Section 502: Accounting and Records
(A) The grantee, its staff, contractors, and subcontractors shall establish and maintain an accounting system and reports that properly accumulate incurred project costs by line. The accounting system shall conform to Generally Accepted Accounting Principles (GAAP), enable the determination of incurred costs at interim points of completion, and provide support for payment vouchers and invoices. Grantees may establish and maintain an accounting system and reports, as described above, on behalf of contractors and subcontractors.
(B) The grantee must establish a separate ledger account for receipts and expenditures of grant funds and maintain expenditure details in accordance with the budget and timeline. Separate bank accounts are not required. As appropriate, grantees must establish separate ledgers for State General funds and other funds associated with proposed uses not provided by the REAP 2.0 Program. (C)The grantee shall maintain documentation of its normal procurement policy and competitive bid process (including the use of sole source purchasing),and financial records of expenditures incurred during the course of the project in accordance with GAAP.
(D)The grantee agrees that the Department or designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of the Standard Agreement. (E) The grantee agrees to maintain such records for possible audit after the final payment for at least five years after all funds have been expended or returned to the State unless a longer period of records retention is stipulated. Wherever practicable, such records should be collected, transmitted, and stored in open and machine-readable formats.
(F) Subcontractors employed by the grantee and paid with moneys under the terms of Packet Pg. 175 Attachment: RFP for Parkview Infill Final (4.2(b)--Accept Subaward of REAP 2.0 funds from the Shasta Regional Transportation Agency) 21 this Standard Agreement shall be responsible for maintaining accounting records as specified above.

Section 503: Invoicing
(A) Grant funds cannot be disbursed until the Standard Agreement has been fully executed.
(B) The grantee will be responsible for compiling and submitting all invoices and reporting documents.
(C)The grantee must bill the Department based on clear deliverables outlined in the Standard Agreement or budget timeline. Generally, approved and eligible costs incurred for work after execution of the Standard Agreement and completed during the grant term will be reimbursable. However, eligible activities conducted prior to award will be reimbursable to July 1, 2021. Approved and eligible costs incurred prior to July 1, 2021, are ineligible.
(D)Grantees who received advance funds shall expend all such funds or show substantial progress prior to requesting additional advanced funding by submitting an updated project timeline and budget for their eligible projects from the application and any supporting documentation.
(E) Project invoices may be submitted to the Department by the grantee on a quarterly basis or upon completion of a deliverable, subject to the Department’s approval. (F) The Department may consider advance payments or alternative arrangements to reimbursement and payment methods based on demonstrated need. The Department may consider factors such as available funds for eligible activities.

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

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

Section 504: Audits
(A) At any time during the term of the Standard Agreement, the Department may perform or cause to be performed a financial audit of any and all phases of the award. At the Department’s request, the grantee shall provide, at its own expense, a financial audit prepared by a certified public accountant. The State of California has the right to review project documents and conduct audits during project implementation and over the project life.
(B) The grantee agrees that the Department or the Department’s designee shall have the right to review, obtain, and copy all records and supporting documentation pertaining to performance of this Agreement.
(C)The grantee agrees to provide the Department, or the Department’s designee, with any relevant information requested.
(D)The grantee agrees to permit the Department or the Department’s designee access Packet Pg. 176 Attachment: RFP for Parkview Infill Final (4.2(b)--Accept Subaward of REAP 2.0 funds from the Shasta Regional Transportation Agency) 22 to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees who might reasonably have information related to such records and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with statutes, REAP 2.0 Guidelines, and the Standard Agreement.
(E) The Department may request additional information, as needed, to meet other applicable audit requirements.
(F) The Department may monitor expenditures and activities of a grantee, as the Department deems necessary, to ensure compliance with REAP requirements. (G)Grantees using federal or state transportation planning funds administered through the Overall Work Program (OWP) shall clearly identify the source of funds. (H) If there are audit findings, the grantee must submit a detailed response acceptable to the Department for each audit finding within 90 days from the date of the audit finding report.
(I) The grantee agrees to maintain such records for possible audit after the final payment for at least five years after all funds have been expended or returned to the State unless a longer period of records retention is stipulated. Wherever practicable, such records should be collected, transmitted, and stored in open and machine-readable formats.
(J) If any litigation, claim, negotiation, audit, monitoring, inspection, or other action has been started before the expiration of the required record retention period, all records must be retained by the grantee, contractors, and sub-contractors until completion of the action and resolution of all issues which arise from it. In any contract that it enters into in an amount exceeding $10,000, the grantee shall include the Department’s right to audit the contractor’s records and interview their employees.
(K) The grantee shall comply with the caveats and be aware of the penalties for violations of fraud and for obstruction of investigation as set forth in California Public Contracts Code Section 10115.10.

Section 505: Remedies of Non-performance
(A) In the event that it is determined, at the sole discretion of the Department, that the grantee is not meeting the terms and conditions of the Standard Agreement, immediately upon receiving a written notice from the Department to stop work, the grantee shall cease all work under the Standard Agreement. The Department has the sole discretion to determine that the grantee meets the terms and conditions after a stop work order, and to deliver a written notice to the grantee to resume work under the Standard Agreement.
(B) The Department has the right to terminate the Standard Agreement at any time upon 30 days written notice. The notice shall specify the reason for early termination and may permit the grantee or the Department to rectify any deficiency(ies) prior to the early termination date. The grantee will submit any requested documents to the Department within 30 days of the early termination notice.
(C)The applicant must demonstrate a clear and significant nexus to REAP 2.0 Program goals and objectives, including, but not limited to, completion of activities toward Policy Outcomes and implementation of eligible use activities funded through a suballocation process. Any action inconsistent with REAP 2.0 Program Packet Pg. 177 Attachment: RFP for Parkview Infill Final (4.2(b)--Accept Subaward of REAP 2.0 funds from the Shasta Regional Transportation Agency) 23 goals and objectives may result in review and could be subject to repayment of the grant.
(D)At any time, if the Department finds the grantee falsely proposed information in the application or as part of the application review, the Department may require the repayment of funds.
(E) Grantees are responsible for suballocations meeting all REAP 2.0 requirements. (F) The Department may, as it deems appropriate or necessary, require the repayment of funds from a grantee, or pursue any other remedies available to it by law for failure to comply with all REAP 2.0 Program requirements.

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

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

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

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

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

Packet Pg. 178 Attachment: RFP for Parkview Infill Final (4.2(b)--Accept Subaward of REAP 2.0 funds from the Shasta Regional Transportation Agency) 24 Section 600: Right to Modify or Suspend Guidelines and Final Decision Making
(A)The Department reserves the right, at their sole discretion, to suspend, amend, or modify the provisions of these Guidelines at any time, including, without limitation, the amount of funds available hereunder. If such an action occurs, the Department will notify all interested parties and will post the revisions to the Department’s website. You may subscribe to the Department email listserv. (B) The Department’s decision to approve or deny an application or request for funding pursuant to REAP 2.0, and its determination of the amount of funding to be provided or requested for repayment, or other remedies for failure to comply with REAP 2.0 requirements, shall be final.

Packet Pg. 179 Attachment: RFP for Parkview Infill Final (4.2(b)--Accept Subaward of REAP 2.0 funds from the Shasta Regional Transportation Agency) 25 Attachment 1: Statute
SEC. 15.

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

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

For purposes of this chapter:
(a) “Department” means the Department of Housing and Community Development. (b) “Program” means the Regional Early Action Planning Grants of 2021 established pursuant to this chapter.
(c) “Regional housing need assessment” means the existing and projected need for housing for each region, as determined by the department pursuant to Section 65584.01 of the Government Code.
(d) “Sustainable Communities Strategies” refers to the plan prepared by each metropolitan planning organization pursuant to paragraph (2) of subdivision (b) of Section 65080 of the Government Code.
(e) “Alternative Planning Strategy” refers to the document, if any, prepared by a metropolitan planning organization pursuant to paragraph (1) of subdivision (b) of Section 65080 of the Government Code.
(f)
(1) “Transformative planning and implementation activities” means housing, planning, infrastructure investments supporting infill housing, and other actions that enable meeting housing goals that also result in per capita vehicle miles traveled reductions, including accelerating infill development, supporting residents through realizing Multimodal Communities, shifting travel behavior through reducing driving, and increasing transit ridership.
(2) Transformative planning and implementation activities shall be in furtherance of all of the following:
(A) State planning priorities, as described in Section 65041.1 of the Government Code. (B) Affirmatively furthering fair housing pursuant to Section 8899.50 of the Government Code.
(C) Facilitating housing element compliance for the sixth cycle regional housing needs assessment pursuant to Section 65302 of the Government Code prepared in accordance with Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1 of Title 7 of the Government Code.
(D) A region’s sustainable community strategy, as described in paragraph (2) of subdivision (b) of Section 65080 of the Government Code, or alternative planning strategy, as described in paragraph (2) of subdivision (b) of Section 65080 of the Government Code, as applicable.
(g) “Eligible Entity” means any recipient of these funds either through direct allocation from the department or through a suballocation from a recipient. For the purposes of this chapter, an Eligible Entity can include a metropolitan planning organization (MPO), a single or multicounty council of governments (COG), a regional transportation planning agency (RTPA), a county, a city, a city and county, a transit agency or district, a county transportation agency, or a Tribal Entity.
(h) “Tribal Entity” means an entity formed by the duly constituted governing body of a California Packet Pg. 180 Attachment: RFP for Parkview Infill Final (4.2(b)--Accept Subaward of REAP 2.0 funds from the Shasta Regional Transportation Agency) 26 Native American Tribe in Chapter 905 of the Statutes of 2004, as described in Section 21073 of the Public Resources Code.
50515.07.
(a)
(1) The Regional Early Action Planning Grants Program of 2021 is hereby established for the purpose of providing regions with funding, including grants, for transformative planning and implementation activities.
(2) Upon appropriation by the Legislature for this purpose, funds shall be distributed under the program in accordance with this chapter.
(b) The department, in collaboration with the Office of Planning and Research, the Strategic Growth Council, and the State Air Resources Board, shall develop and administer the program and, consistent with the requirements of this chapter, provide grants to eligible entities for implementing planning and implementation activities. The department shall seek input from the transportation and housing coordination workgroup established through Section 50407.5. (c) Distribution and expenditures of funds shall be made consistent with the state planning priorities, established pursuant to Section 65041.1 of the Government Code, and shall consider geographic equity among regions of the state.
(d) Of the total amount of any moneys appropriated for purposes of this chapter, the department shall set aside up to 5 percent for program administration, including state operations expenditures and technical assistance, as well as expenditures by recipients of funding pursuant to Sections 50515.08 and 50515.09.
50515.08.
(a) The funds described in paragraph (2) of subdivision (a) of Section 50515.07 shall be available only to the following entities before any suballocation:
(1) The Metropolitan Transportation Commission, representing the Counties of Alameda, Contra Costa, Marin, Napa, San Mateo, Santa Clara, Solano, and Sonoma, and the City and County of San Francisco.
(2) The Sacramento Area Council of Governments, representing the Counties of El Dorado, Placer, Sacramento, Sutter, Yolo, and Yuba.
(3) The San Diego Association of Governments, representing the County of San Diego. (4) The Southern California Association of Governments, representing the Counties of Imperial, Los Angeles, Orange, Riverside, San Bernardino, and Ventura. (5) The Association of Monterey Bay Area Governments, representing the counties of Monterey, San Benito and Santa Cruz.
(6) The San Luis Obispo Council of Governments, the Santa Barbara County Association of Governments, the Fresno Council of Governments, the Kern Council of Governments, the Kings County Association of Government, the Madera County Transportation Commission, the Merced County Association of Governments, the San Joaquin Council of Governments, the Stanislaus Council of Governments, the Tulare County Association of Governments, the Butte County Association of Governments, Shasta County Regional Transportation Agency, and the Tahoe Regional Planning Agency created by interstate compact and ratified by Title 7.4 (commencing with Section 66800) of the Government Code. Notwithstanding any other provision of this chapter, the eligible entities described in this paragraph may apply directly to the department for funds pursuant to the program. (7) Eligible entities in the Counties of Alpine, Amador, Calaveras, Colusa, Del Norte, Glenn, Humboldt, Inyo, Lake, Lassen, Mariposa, Mendocino, Modoc, Mono, Nevada, Plumas, Sierra, Siskiyou, Tehama, Tuolumne, and Trinity. Notwithstanding any other provision of this chapter, eligible entities within the counties listed in this paragraph or Packet Pg. 181 Attachment: RFP for Parkview Infill Final (4.2(b)--Accept Subaward of REAP 2.0 funds from the Shasta Regional Transportation Agency) 27 Tribal Entities may apply directly to the department for funds pursuant to the program. The department may approve a fiscal agent to receive funds on behalf of a consortium of entities listed in this paragraph.
(b)
(1) The department shall calculate the amount of each maximum grant allocation in accordance with the methodology described in subdivision (a) of Section 50515.09. (2) An eligible entity shall, in consultation with the department and consistent with the requirements of this chapter, determine the appropriate use of funds and suballocations within its boundaries in a manner that appropriately addresses its unique housing, land use, transportation, climate change, equity and other planning priorities. (c)
(1) Subject to paragraph (5), until December 31, 2022, an eligible entity described in subdivision (a) may request an allocation of funds pursuant to this section by submitting an application, in the form and manner prescribed by the department, developed in collaboration with the Office of Planning and Research, the Strategic Growth Council, and the State Air Resources Board, that includes all of the following information:
(A) An allocation budget for the funds provided pursuant to this section. (B) The amounts retained by the eligible entity and any suballocations. (C) An explanation of how the Proposed Uses will meet the definition of transformative planning and implementation activities and, as applicable, constitute high-impact and innovative projects and actions.
(D) An explanation of how the Proposed Uses will implement and achieve housing goals that also result in per capita vehicle miles traveled reductions in furtherance of the region’s Sustainable Communities Strategies or alternative planning strategy, as applicable.
(E) The application shall reference one or more of the following categories of allowable uses of the funds:
(i) Accelerating infill development, including housing. (ii) Supporting residents through realizing Multimodal Communities. (iii) Shifting travel behavior through reducing driving. (iv) Increasing transit ridership.
(F) An explanation of the targeted outreach the MPO has conducted to disadvantaged and historically underserved communities and how that outreach was incorporated into the Proposed Uses.
(2) The department, in collaboration with the Office of Planning and Research, the Strategic Growth Council, and the State Air Resources Board, shall review an application submitted pursuant to this subdivision in an expeditious manner. Upon approval of an application for funds pursuant to this subdivision, the department shall award the moneys for which the eligible entity qualifies.
(3) Commencing January 1, 2022, an eligible entity described in paragraphs (1) to (5) of subdivision (a), inclusive, as applicable, may request up to 10 percent of the funding available to it under this section in advance of a full request for funding made pursuant to paragraph (1) to develop and accelerate the implementation of the requirements described in paragraph (1), including, but not limited to, regional engagement in the development of the full application and of an education and outreach strategy. The department shall award funds requested pursuant to this paragraph to the relevant eligible entity in an expeditious manner after receiving that request.
(4) The department may develop a streamlined application procedure that accounts for the limited resources generally among the regional entities listed in paragraph (6) of subdivision (a).

Packet Pg. 182 Attachment: RFP for Parkview Infill Final (4.2(b)--Accept Subaward of REAP 2.0 funds from the Shasta Regional Transportation Agency) 28 (5) If an amount of funds described in paragraph (2) of subdivision (a) of Section 50515.07 remains unallocated after December 31, 2022, the department, at its discretion, may make those funds available through a subsequent notice of funding availability in which funds are offered on a competitive basis pursuant to this chapter. An eligible entity described in subdivision (a) may request an allocation of funds made available through the subsequent notice of funding availability by submitting an application, in the form and manner prescribed by the department.
(d) In consultation with the department, any entity that receives an allocation of funds pursuant to this section shall establish priorities and use those moneys for eligible transformative planning and implementation activities that include, but are not limited to, all of the following:
(1) Providing jurisdictions and other local agencies with technical assistance, planning, temporary staffing, or consultant needs associated with updating local planning and zoning documents and other actions that accelerate infill housing production. (2) Administering any programs described in this subdivision. (3) Covering the costs of temporary staffing or consultant needs associated with the activities described in paragraphs (1) and (2), inclusive. (4) Accelerating infill development, including through all of the following:
(A) Rezoning and encouraging development by updating planning documents and zoning ordinances, including general plans, community plans, specific plans, Sustainable Communities Strategies, and local coastal programs. (B) Revamping local planning processes to accelerate infill housing production and other infill development.
(C) Completing environmental clearance to eliminate the need for project-specific review for infill development.
(D) Establishing and funding an affordable housing catalyst fund, trust fund, or revolving loan fund for location efficient projects.
(E) Performing infrastructure planning and investing in upgrading infrastructure, including for sewers, water systems, transit, roads, or other public facilities necessary to enable reduction in per capita vehicle miles traveled, including accelerating housing production.
(5) Supporting residents through realizing Multimodal Communities, including through all of the following:
(A) Establishing and implementing a vision-zero policy and program, a safety plan, and a slow streets program.
(B) Developing bicycle and pedestrian infrastructure plans and other multimodal plans or policies.
(C) Investing in infrastructure projects and other programs to expand active transportation and implement bicycle or pedestrian plans. (D) Producing multimodal corridor studies associated with developing specific planning documents or implementation actions.
(6) Shifting travel behavior through reducing driving, including through all of the following:
(A) Studying and implementing road pricing.
(B) Funding the establishment of a local vehicle miles traveled impact fee or regional vehicle miles traveled mitigation bank.
(C) Funding and implementing parking and transportation demand management programs or ordinances.
(D) Accelerating infill housing production near jobs, transit, and resources. (7) Increasing transit ridership, including through all of the following:
(A) Funding and implementing actions to establish more seamless regional transit systems between and across communities, including establishing common fares, Packet Pg. 183 Attachment: RFP for Parkview Infill Final (4.2(b)--Accept Subaward of REAP 2.0 funds from the Shasta Regional Transportation Agency) 29 schedules, service design, and wayfinding.
(B) Developing and implementing multimodal access plans to and from transit facilities. (C) Planning for additional housing near transit.
(f)
(1) In consultation with the department, any entity that receives an allocation of funds pursuant to this section may suballocate moneys directly to eligible entities in the form of grants. Following awards to eligible entities, eligible entities shall award suballocations within 60 days.
(2) All suballocations pursuant to this subdivision shall consider geographic equity, including the needs of rural and urban communities, transformative and collaborative approaches, including through subregions, and the degree to which the suballocation will be in furtherance of all of the requirements of transformative planning and implementation activities described in paragraph (2) of subdivision (f) of Section 50515.06. 50515.09.
(a) Of the amount described in paragraph (2) of subdivision (a) of Section 50515.07, 85 percent shall be available to the entities described in paragraphs (1) to (5), inclusive, of subdivision (a) of Section 50515.08 for transformative planning and implementation activities.

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

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

Packet Pg. 184 Attachment: RFP for Parkview Infill Final (4.2(b)--Accept Subaward of REAP 2.0 funds from the Shasta Regional Transportation Agency) 30 (1) The name of each applicant for program funds and the status of that entity’s application.
(2) The number of applications for program funding received by the department. (3) The information described in subdivision (a) for each recipient of program funds. (c) A recipient of funds under this program shall post, make available, and update, as appropriate on its internet website, land use maps and vehicle miles traveled generation maps produced in the development of its adopted Sustainable Communities Strategies. (d) A recipient of funds under this program shall collaborate and share progress, templates, and best practices with the department and fellow recipients in implementation of funds. To the greatest extent practicable, adjacent eligible entities shall coordinate in the development of applications, consider potential for joint activities, and seek to coordinate housing and transportation planning across regions.
(e)
(1) A recipient of funds under the program shall expend those funds no later than June 30, 2024.
(2) No later than June 30, 2025, each Eligible Entity that receives an allocation of funds pursuant to Section 50515.08 shall submit a final report on the use of those funds to the department, in the form and manner prescribed by the department. The report required by this paragraph shall include an evaluation of actions taken in support of the entity’s Proposed Uses of those funds, as specified in the entity’s application, including, but not limited to, housing units accelerated and per capita reductions in vehicle miles traveled. (f) The department may monitor expenditures and activities of an applicant, as the department deems necessary, to ensure compliance with program requirements. (g) The department may, as it deems appropriate or necessary, request the repayment of funds from an applicant, or pursue any other remedies available to it by law for failure to comply with program requirements.
(h) The department, in collaboration with the Office of Planning and Research, the Strategic Growth Council, and the State Air Resources Board, may implement the program through the issuance of forms, guidelines, application materials, funding allocation methodologies, and one or more notices of funding availability, as the department deems necessary, to exercise the powers and perform the duties conferred on it by this chapter. Any forms, guidelines, application materials, funding allocation methodologies, or notices of funding availability prepared or adopted pursuant to this section are exempt from the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).
(i) The department’s decision to approve or deny an application or request for funding pursuant to the program, and its determination of the amount of funding to be provided or request for repayment or other remedies for failure to comply with program requirements, shall be final.

AB 175
SEC. 8.

Section 50515.08 of the Health and Safety Code is amended to read:
50515.08.
(a) The funds described in paragraph (2) of subdivision (a) of Section 50515.07 shall be available only to the following entities before any suballocation:
(1) The Metropolitan Transportation Commission, representing the Counties of Alameda, Contra Costa, Marin, Napa, San Mateo, Santa Clara, Solano, and Sonoma, and the City and County of San Francisco.
(2) The Sacramento Area Council of Governments, representing the Counties of El Packet Pg. 185 Attachment: RFP for Parkview Infill Final (4.2(b)--Accept Subaward of REAP 2.0 funds from the Shasta Regional Transportation Agency) 31 Dorado, Placer, Sacramento, Sutter, Yolo, and Yuba.
(3) The San Diego Association of Governments, representing the County of San Diego. (4) The Southern California Association of Governments, representing the Counties of Imperial, Los Angeles, Orange, Riverside, San Bernardino, and Ventura. (5) The Association of Monterey Bay Area Governments, representing the counties of Monterey, San Benito and Santa Cruz.
(6) The San Luis Obispo Council of Governments, the Santa Barbara County Association of Governments, the Fresno Council of Governments, the Kern Council of Governments, the Kings County Association of Government, the Madera County Transportation Commission, the Merced County Association of Governments, the San Joaquin Council of Governments, the Stanislaus Council of Governments, the Tulare County Association of Governments, the Butte County Association of Governments, Shasta County Regional Transportation Agency, and the Tahoe Regional Planning Agency created by interstate compact and ratified by Title 7.4 (commencing with Section 66800) of the Government Code. Notwithstanding any other provision of this chapter, the eligible entities described in this paragraph may apply directly to the department for funds pursuant to the program. (7) Eligible entities in the Counties of Alpine, Amador, Calaveras, Colusa, Del Norte, Glenn, Humboldt, Inyo, Lake, Lassen, Mariposa, Mendocino, Modoc, Mono, Nevada, Plumas, Sierra, Siskiyou, Tehama, Tuolumne, and Trinity. Notwithstanding any other provision of this chapter, eligible entities within the counties listed in this paragraph or tribal entities may apply directly to the department for funds pursuant to the program. The department may approve a fiscal agent to receive funds on behalf of a consortium of entities listed in this paragraph.
(b)
(1) The department shall calculate the amount of each maximum grant allocation in accordance with the methodology described in subdivision (a) of Section 50515.09. (2) An Eligible Entity shall, in consultation with the department and consistent with the requirements of this chapter, determine the appropriate use of funds and suballocations within its boundaries in a manner that appropriately addresses its unique housing, land use, transportation, climate change, equity and other planning priorities. (c)
(1) Subject to paragraph (5), until December 31, 2022, an Eligible Entity described in subdivision (a) may request an allocation of funds pursuant to this section by submitting an application, in the form and manner prescribed by the department, developed in collaboration with the Office of Planning and Research, the Strategic Growth Council, and the State Air Resources Board, that includes all of the following information:
(A) An allocation budget for the funds provided pursuant to this section. (B) The amounts retained by the Eligible Entity and any suballocations. (C) An explanation of how the Proposed Uses will meet the definition of transformative planning and implementation activities and, as applicable, constitute high-impact and innovative projects and actions.
(D) An explanation of how the Proposed Uses will implement and achieve housing goals that also result in per capita vehicle miles traveled reductions in furtherance of the region’s Sustainable Communities Strategies or alternative planning strategy, as applicable.
(E) The application shall reference one or more of the following categories of allowable uses of the funds:
(i) Accelerating infill development, including housing. (ii) Supporting residents through realizing Multimodal Communities. (iii) Shifting travel behavior through reducing driving.

Packet Pg. 186 Attachment: RFP for Parkview Infill Final (4.2(b)--Accept Subaward of REAP 2.0 funds from the Shasta Regional Transportation Agency) 32 (iv) Increasing transit ridership.
(F) An explanation of the targeted outreach the MPO has conducted to disadvantaged and historically underserved communities and how that outreach was incorporated into the Proposed Uses.
(G) An explanation of how Proposed Uses will advance equity by benefiting disadvantaged and historically underserved communities. (2) The department, in collaboration with the Office of Planning and Research, the Strategic Growth Council, and the State Air Resources Board, shall review an application submitted pursuant to this subdivision in an expeditious manner. Upon approval of an application for funds pursuant to this subdivision, the department shall award the moneys for which the Eligible Entity qualifies.
(3) Commencing January 1, 2022, an Eligible Entity described in paragraphs (1) to (5) (6), inclusive, of subdivision (a), inclusive, as applicable, may request up to 10 percent of the funding available to it under this section in advance of a full request for funding made pursuant to paragraph (1) to develop and accelerate the implementation of the requirements described in paragraph (1), including, but not limited to, regional engagement in the development of the full application and of an education and outreach strategy. The department shall award funds requested pursuant to this paragraph to the relevant Eligible Entity in an expeditious manner after receiving that request. (4) The department may develop a streamlined application procedure that accounts for the limited resources generally among the regional entities listed in paragraph (6) (7) of subdivision (a).
(5) If an amount of funds described in paragraph (2) of subdivision (a) of Section 50515.07 remains unallocated after December 31, 2022, the department, at its discretion, may make those funds available through a subsequent notice of funding availability in which funds are offered on a competitive basis pursuant to this chapter. An Eligible Entity described in subdivision (a) may request an allocation of funds made available through the subsequent notice of funding availability by submitting an application, in the form and manner prescribed by the department.
(d) In consultation with the department, any entity that receives an allocation of funds pursuant to this section shall establish priorities and use those moneys for eligible transformative planning and implementation activities that include, but are not limited to, all of the following:
(1) Providing jurisdictions and other local agencies with technical assistance, planning, temporary staffing, or consultant needs associated with updating local planning and zoning documents and other actions that accelerate infill housing production. (2) Administering any programs described in this subdivision. (3) Covering the costs of temporary staffing or consultant needs associated with the activities described in paragraphs (1) and (2), inclusive. (4) Accelerating infill development, including through all of the following:
(A) Rezoning and encouraging development by updating planning documents and zoning ordinances, including general plans, community plans, specific plans, Sustainable Communities Strategies, and local coastal programs. (B) Revamping local planning processes to accelerate infill housing production and other infill development.
(C) Completing environmental clearance to eliminate the need for project-specific review for infill development.
(D) Establishing and funding an affordable housing catalyst fund, trust fund, or revolving loan fund for location efficient projects.
(E) Performing infrastructure planning and investing in upgrading infrastructure, including for sewers, water systems, transit, roads, or other public facilities necessary Packet Pg. 187 Attachment: RFP for Parkview Infill Final (4.2(b)--Accept Subaward of REAP 2.0 funds from the Shasta Regional Transportation Agency) 33 to enable reduction in per capita vehicle miles traveled, including accelerating housing production.
(5) Supporting residents through realizing Multimodal Communities, including through all of the following:
(A) Establishing and implementing a vision-zero policy and program, a safety plan, and a slow streets program.
(B) Developing bicycle and pedestrian infrastructure plans and other multimodal plans or policies.
(C) Investing in infrastructure projects and other programs to expand active transportation and implement bicycle or pedestrian plans. (D) Producing multimodal corridor studies associated with developing specific planning documents or implementation actions.
(6) Shifting travel behavior through reducing driving, including through all of the following:
(A) Studying and implementing road pricing.
(B) Funding the establishment of a local vehicle miles traveled impact fee or regional vehicle miles traveled mitigation bank.
(C) Funding and implementing parking and transportation demand management programs or ordinances.
(D) Accelerating infill housing production near jobs, transit, and resources. (7) Increasing transit ridership, including through all of the following:
(A) Funding and implementing actions to establish more seamless regional transit systems between and across communities, including establishing common fares, schedules, service design, and wayfinding.
(B) Developing and implementing multimodal access plans to and from transit facilities. (C) Planning for additional housing near transit.
(f)
(1) In consultation with the department, any entity that receives an allocation of funds pursuant to this section may suballocate moneys directly to eligible entities in the form of grants. Following awards to eligible entities, eligible entities shall award suballocations within 60 days.
(2) All suballocations pursuant to this subdivision shall consider geographic equity, including the needs of rural and urban communities, transformative and collaborative approaches, including through subregions, and the degree to which the suballocation will be in furtherance of all of the requirements of transformative planning and implementation activities described in paragraph (2) of subdivision (f) of Section 50515.06.

SEC. 9.

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

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

The maximum amount that an Eligible Entity may receive pursuant to this subdivision shall be based on the most recent Department of Finance P-2A County Population Projections as of July 1, 2021. Amounts shall be calculated based on aggregate 2030 projected population per each eligible applicant as a percentage of projected 2030 statewide population. (b) Of the amount described in paragraph (2) of subdivision (a) of Section 50515.07, 5 percent Packet Pg. 188 Attachment: RFP for Parkview Infill Final (4.2(b)--Accept Subaward of REAP 2.0 funds from the Shasta Regional Transportation Agency) 34 shall be available to the eligible entities described in paragraph (6) (7) of subdivision (a) of Section 50515.08 for transformative planning and implementation activities. (c) Of the amount described in paragraph (2) of subdivision (a) of Section 50515.07, 5 percent shall be available as a competitive set aside available to all eligible entities for transformative planning and implementation activities that demonstrably exceed the requirements of this chapter and further multiple policy objectives. Scoring criteria for this competitive set aside will include, but are not limited to, the extent of acceleration of infill housing production and reduction of per capita vehicle miles traveled.

SEC. 10. Section 50515.10 of the Health and Safety Code is amended to read:
50515.10.
(a)
(1) Subject to paragraph (2), an Eligible Entity that receives an allocation of program funds pursuant to Section 50515.08 shall submit a report, in the form and manner prescribed by the department, to be made publicly available on its internet website, by April 1 of the year following the receipt of those funds, and annually thereafter until those funds are expended, that includes, but is not limited to, the following information:
(A) The status of the Proposed Uses and expenditures listed in the Eligible Entity’s application for funding and the corresponding impact, including, but not limited to, housing units accelerated and reductions in per capita vehicle miles traveled. (B) All status and impact reports shall be categorized based on the Eligible uses specified in Section 50515.08.
(2) The department may request additional information, as needed, to meet other applicable reporting or audit requirements.
(b) The department shall maintain records of the following and provide that information publicly on its internet website:
(1) The name of each applicant for program funds and the status of that entity’s application.
(2) The number of applications for program funding received by the department. (3) The information described in subdivision (a) for each recipient of program funds. (c) A recipient of funds under this program shall post, make available, and update, as appropriate on its internet website, land use maps and vehicle miles traveled generation maps produced in the development of its adopted Sustainable Communities Strategies. (d) A recipient of funds under this program shall collaborate and share progress, templates, and best practices with the department and fellow recipients in implementation of funds. To the greatest extent practicable, adjacent eligible entities shall coordinate in the development of applications, consider potential for joint activities, and seek to coordinate housing and transportation planning across regions.
(e)
(1) A recipient of funds under the program shall obligate those funds no later than June 30, 2024, and expend those funds no later than June 30, 2024. 2026. (2) No later than June 30, 2025, 2026, each Eligible Entity that receives an allocation of funds pursuant to Section 50515.08 shall submit a final report on the use of those funds to the department, in the form and manner prescribed by the department. The report required by this paragraph shall include an evaluation of actions taken in support of the entity’s Proposed Uses of those funds, as specified in the entity’s application, including, but not limited to, housing units accelerated and per capita reductions in vehicle miles traveled.
(f) The department may monitor expenditures and activities of an applicant, as the department Packet Pg. 189 Attachment: RFP for Parkview Infill Final (4.2(b)--Accept Subaward of REAP 2.0 funds from the Shasta Regional Transportation Agency) 35 deems necessary, to ensure compliance with program requirements. (g) The department may, as it deems appropriate or necessary, request the repayment of funds from an applicant, or pursue any other remedies available to it by law for failure to comply with program requirements.
(h) The department, in collaboration with the Office of Planning and Research, the Strategic Growth Council, and the State Air Resources Board, may implement the program through the issuance of forms, guidelines, application materials, funding allocation methodologies, and one or more notices of funding availability, as the department deems necessary, to exercise the powers and perform the duties conferred on it by this chapter. Any forms, guidelines, application materials, funding allocation methodologies, or notices of funding availability prepared or adopted pursuant to this section are exempt from the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).
(i) The department’s decision to approve or deny an application or request for funding pursuant to the program, and its determination of the amount of funding to be provided or request for repayment or other remedies for failure to comply with program requirements, shall be final.

Packet Pg. 190 Attachment: RFP for Parkview Infill Final (4.2(b)--Accept Subaward of REAP 2.0 funds from the Shasta Regional Transportation Agency) 36 Attachment 2: Definitions
All terms not defined below shall, unless their context suggests otherwise, be interpreted in accordance with the meanings of terms described in Chapter 3.15 of Health and Safety Code sections 50515.06 to 50515.10.

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

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

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

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

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

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

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

8. “Disadvantaged and Historically Underserved Communities” includes concentrated areas of poverty; Areas of High Segregation and Poverty and areas of low to moderate access to opportunity (TCAC/HCD Opportunity Area Maps); Communities of Concern, Disadvantaged Communities (SB 535 Disadvantaged Communities Map), and LowIncome Communities pursuant to Senate Bill 535 (De León, Chapter 830, Statutes of 2012) and Assembly Bill 1550 (Gomez, Chapter 369, Statutes of 2016); areas of high Housing cost burdens; areas with high vulnerability of displacement; areas related to Tribal Entities; and other areas experiencing disproportionate impacts of California’s Packet Pg. 191 Attachment: RFP for Parkview Infill Final (4.2(b)--Accept Subaward of REAP 2.0 funds from the Shasta Regional Transportation Agency) 37 Housing and climate crisis. Applicants may propose alternative definitions to Disadvantaged and Historically Underserved Communities in consultation with the Department and the State Collaborative Partners.

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

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

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

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

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

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

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

14.“Infill”, for the purposes of the REAP 2.0 Program, means areas where all the following apply: (1) the area consists of unused or underutilized lands (2) within existing development patterns (3) that is or will be accessible to destinations and daily services by transit, walking, or bicycling and located in either:
a. An urban center, urban corridor, or area with transit-supportive densities, or b. An established community that meets all the following criteria:
i. The area consists or previously consisted of qualified urban uses ii. The area is predominantly surrounded (approximately 75 percent of the perimeter) by parcels that are developed or previously developed with qualified urban uses. In counting this, perimeters bordering navigable bodies of water and improved parks shall not be included, and iii. No parcel within or adjoining the area is classified as agricultural or natural Packet Pg. 192 Attachment: RFP for Parkview Infill Final (4.2(b)--Accept Subaward of REAP 2.0 funds from the Shasta Regional Transportation Agency) 38 and working lands.
c. Under unique circumstances, applicants may propose an alternative definition of “Infill” subject to approval by the Department and State Collaborative Partners.

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

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

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

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

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

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

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

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

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

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

25.“State Planning Priorities” means priorities that are intended to promote Infill development and equity, protect environmental and agricultural resources, and Packet Pg. 193 Attachment: RFP for Parkview Infill Final (4.2(b)--Accept Subaward of REAP 2.0 funds from the Shasta Regional Transportation Agency) 39 encourage efficient development patterns outside of Infill areas pursuant to Government Code section 65041.1.

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

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

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

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

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

Packet Pg. 194 Attachment: RFP for Parkview Infill Final (4.2(b)--Accept Subaward of REAP 2.0 funds from the Shasta Regional Transportation Agency) 40 31.“Vehicle Miles Traveled Per Capita” or “Per Capita Vehicle Miles Traveled” means the number of Vehicle Miles Traveled, per person.

Packet Pg. 195 Attachment: RFP for Parkview Infill Final (4.2(b)--Accept Subaward of REAP 2.0 funds from the Shasta Regional Transportation Agency) 41 Attachment 3: Award Amounts by Eligible Applicant
REAP 2.0 MPO/COG Formula-Based Maximum Allocation Amounts The REAP 2.0 Program makes available 85 percent of funds ($510,000,000) to MPOs and COGs through the “Formula Allocations to MPOs and COGs” funding stream. Maximum award amounts are based on California Department of Finance 2030 Population Projections.

Applicant Max. award amount
Association of Monterey Bay Area Governments $ 10,133,742.41 Butte County Association of Governments $ 2,944,762.37
Fresno Council of Governments $ 13,633,148.06
Kern Council of Governments $ 12,670,717.96
Kings County Association of Governments $ 2,060,590.24
Madera County Transportation Commission $ 2,213,724.74
Merced County Association of Governments $ 3,912,152.75 Metropolitan Transportation Commission $ 102,842,103.03 Sacramento Area Council of Governments $ 33,727,893.48
San Diego Association of Governments $ 43,037,322.72
San Joaquin Council of Governments $ 10,612,514.62
San Luis Obispo Council of Governments $ 3,539,684.58
Santa Barbara County Association of
Governments
$ 5,839,412.28
Shasta Regional Transportation Agency $ 2,243,909.07
Stanislaus Council of Governments $ 7,535,242.05
Southern California Association of Governments $ 246,024,084.00 Tahoe Regional Planning Agency $ 604,134.15
Tulare County Association of Governments $ 6,424,861.49 Packet Pg. 196 Attachment: RFP for Parkview Infill Final (4.2(b)--Accept Subaward of REAP 2.0 funds from the Shasta Regional Transportation Agency) 42 Attachment 4: Applying Units of Measurement
Applicants must provide sufficient evidence that demonstrates a nexus between a Proposed Use and meeting all REAP 2.0 goals and objectives. This table is meant to illustrate one example of how applicants might demonstrate this nexus and measure Policy Outcomes.

Step 2:

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

A Sample of Potential Uses
Accelerating
Infill
development
that facilitates
Housing
supply, choice,
and
affordability
- Infill areas (see
Attachment 2)
- Number of Housing units (total, type,
affordable, and per acre),
- Capital investments to support Housing
development,
- Mix of Housing unit types or sizes,
- Increasing land use intensities,
- Count of sites developable for future
Housing, and/or
- Number of new Housing units supported
or provided by the Proposed Use
- Affordable Housing development
programs
- Planning activities that lead to
increased residential and/or
mixed-use zoned capacity in
areas identified as infill
- Program-level environmental
clearance
- Upgrading infrastructure for
sewer, water, and dry utility
systems
Affirmatively
Furthering Fair
Housing
(AFFH)
-Higher Resource
Communities or
Areas (see
Attachment 2)
- Number of new Affordable Housing units,
- Number of existing Housing units
continued to be made available and
affordable,
- Zoning, Streamlined Housing Production
(including permit streamlining), fees,
incentives, and other approaches to
increase Housing choices and affordability,
- Increase accessible number of units
above state law, and/or
- Increase in rate of Housing Choice
Voucher usage in high opportunity census
tracts
- Housing mobility strategies,
- Affordable Housing unit
production,
- Accessible Housing unit
production,
- Reductions to barriers to higher
density Housing, buildings with 4
or more units, and accessibility,
- Outreach strategies to address
local opposition to Proposed Use
Step 1: Meet all REAP 2.0 Program Threshold Requirements Packet Pg. 197 Attachment: RFP for Parkview Infill Final (4.2(b)--Accept Subaward of REAP 2.0 funds from the Shasta Regional Transportation Agency) 43 - Disadvantaged
and Historically
Underserved
Communities
(see Attachment
2)
- Number of new Affordable Housing units,
- Number of existing Housing units
continued to be made available and
affordable,
- Zoning, Streamlined Housing Production
(including permit streamlining), fees,
incentives, and other approaches to
increase Housing choices and affordability,
- Increase accessible number of units
above state law
- New or enhanced public services and
community assets such as parks, schools,
social service programs, active
transportation, infrastructure, and other
community amenities, and/or
- Increased access to public services,
- Housing-supportive infrastructure services
in areas of concentrated poverty or similar
areas
- Affordable Housing preservation,
- Anti-displacement protections,
- Expanded Housing options,
- Housing-supportive
infrastructure
Reducing
Vehicle Miles
Traveled
- Infill areas (see
Attachment 2)
- Estimate for VMT reduced Per Capita
- Number of distinct land uses within the
site,
- Number of distinct land uses around the
site,
- Number of surrounding connections,
- Mix of Housing unit types or sizes,
- New or enhanced transit services,
- Increased transit frequencies and/or
ridership,
- New pedestrian or bicycle pathways,
and/or
- Limited off-street parking
Land use planning, policies, or
investment strategies that result in
increasing:
- Population and employment
densities,
- Land use mix,
- Street network connectivity,
- Linkages and pathways with active
transportation infrastructure,
- Accessibility between destinations,
and/or
- Contiguousness of land uses and
transportation networks
Transportation planning, policies, and
investment strategies:
- Increased transit services and
access,
- Building at walkable community
scales,
- Enhanced pedestrian and bicycling
safety measures,
- Protected pedestrian and bicycling
amenities, and/or
- Multimodal infrastructure
connections with multimodal-mobility
transportation systems.

Appendix F Final Environmental Analysis (ca.gov)
Packet Pg. 198 Attachment: RFP for Parkview Infill Final (4.2(b)--Accept Subaward of REAP 2.0 funds from the Shasta Regional Transportation Agency)

CITY OF REDDING

REPORT TO THE CITY COUNCIL
Recommendation
Approve and authorize the following actions:
(1) Approve the City of Redding’s 2023 Shelter Crisis Annual Report; (2) Authorize staff to submit the City of Redding’s 2023 Shelter Crisis Annual Report to the State of California Senate and Assembly Committees by January 1, 2024; and (3) Find that approving a Shelter Crisis Annual Report and submitting the report to the State of California is not a project as defined under the California Environmental Quality Act and no further action is required.

Fiscal Impact
There is no fiscal impact related to the report.

Alternative Action
The City Council (Council) could choose to not approve the City of Redding’s 2023 Shelter Crisis Annual Report (Report) or to modify the report and provide additional direction to staff.

Background/Analysis
California Government Code Section 8698 allows the governing body of a city to declare a Shelter Crisis when a significant number of persons are without the ability to obtain shelter, resulting in a threat to their health and safety. On June 15, 2021, the Council adopted a resolution declaring that the City of Redding (City) had a shelter crisis. Following this declaration, the Council approved two Ordinances (2637 and 2638), thereby amending Redding Municipal Code (RMC) Chapter 18.17.020 (Temporary Uses Exempt from Permits) and RMC Chapter 16.02.010 and Chapter 16.03.010 relating to establishing the criteria for the permitting and operation of emergency housing sites during a declared shelter crisis.

MEETING DATE: December 19, 2023
ITEM NO. 4.2(c)
FROM:
***APPROVED BY***
[email protected] [email protected]
SUBJECT: 4.2(c)--Shelter Crisis Annual Report
Steve Bade, Assistant City
Manager
Packet Pg. 199
Report to Redding City Council December 14, 2023
Re: 4.2(c)--Shelter Crisis Annual Report Page 2
Pursuant to California Government Code Section 8698 and RMC Chapter 18.17.020, subsection M., 14, the City Manager shall, not later than July 1st of the year following the declaration of a shelter crisis, develop a plan to address the shelter crisis. The plan shall include the development of homeless shelters and permanent supportive housing as well as onsite supportive services. The Council approved the City’s Shelter Crisis Action Plan (Action Plan) on June 21, 2022.

Pursuant to California Government Code 8698.4 (a)(6), Action Plan results are to be reported to the State of California Senate Committee on Housing and the Assembly Committee on Housing and Community Development by January 1st of each year. This is the City’s second report to submit to the State of California.

Environmental Review
This is not a project as defined under the California Environmental Quality Act and no further action is required.

Council Priority/City Manager Goals
• Government of the 21st Century – “Be relevant and proactive to the opportunities and challenges of today’s residents and workforce. Anticipate the future to make better decisions today.”
• Public Safety – “Work to improve all aspects of public safety to help people feel secure and safe where they live, work, and play in the City of Redding.” Attachments
^2023 Shelter Crisis Annual Report
Shelter Crisis Action Plan
CA Code Section 8698.4
Packet Pg. 200
Office of the City Manager
Barry Tippin, City Manager
Steve Bade, Assistant City Manager
December 19, 2023
Alison Hughes
Chief Consultant
State of California Senate Committee on Housing
1021 O Street Room 3330
Sacramento, CA 95814
Buffy Wicks
Chair Assembly Member
State of California Assembly Committee on Housing and Community Development 1021 O Street Room 3330
Sacramento, CA 95814
RE: City of Redding Shelter Crisis Declaration – Second Annual Status Report Pursuant to Government Code 8698.4(a)(6)
Dear Ms. Hughes and Ms. Wicks,
On June 15, 2021, the City of Redding (City) declared a shelter crisis pursuant to Government Code 8698.4. This is the City’s second status report to the State of California Senate Committee on Housing and the Assembly Committee on Housing and Community Development, as required by Government Code 8698.4(a)(6), outlining its progress in addressing its shelter crisis.

The City of Redding Housing Division has provided the majority of the data for Fiscal Year 2022-

23. Data sources include the Homeless Management Information System (HMIS) and the NorCal Continuum of Care Housing Inventory Count (HIC) and statistical data from local providers.

Pursuant to Government Code 8698.4(a)(6) the following questions (i) through (vi) must be reported annually by January 1st of each year:
i. The total number of residents in homeless shelters within the city, county, or city and county.

The total number of residents in homeless shelters within the City of Redding (City) and Shasta County (County): 480.

Source: 2023 Shasta County PIT Count Report and 2023 Shasta County HIC Report Packet Pg. 201 Attachment: ^2023 Shelter Crisis Annual Report (4.2(c)--Shelter Crisis Annual Report) There are 1,160 shelter beds in the County (including Emergency Shelter, Transitional Housing, Permanent Supportive Housing, and Rapid Re-Housing beds). Of these, 98 percent are in facilities that participate in HMIS. The others are working to connect to HMIS and are providing data manually. Together, the unduplicated number reported to have been served in FY 2022-23 is 2,022.

The number of shelter beds in the City increased by 184 from the previous year. This can be attributed to the City’s investment in additional shelter beds under programs such as No Boundaries and development partnerships with Emergency Housing Site operators such as United Way of Northern California.

No Boundaries, an interim housing facility, contracted with the City of Redding to increase capacity from 76 beds to 116 beds in FY 2022-23. No Boundaries also partnered with other local agencies for an additional 22 beds, bringing their total bed count to 138.

United Way of Northern California contracted with the City of Redding to operate this region’s first Emergency Housing Site boasting eight individual micro shelters. ii. The total number of residents who have moved from a homeless shelter into permanent supportive housing within the city, county, or city and county.

The total number of residents who moved from a homeless shelter into permanent supportive housing within the City: 104.

Source: HMIS, Housing Pro, Good News Rescue Mission and No Boundaries The Redding Housing Authority was allocated a total of 70 Veterans Affairs Supportive Housing (VASH) Vouchers and has an ongoing utilization of 65 active leases on the program (93 percent utilization).
iii. The estimated number of permanent supportive housing units in the County.

Total estimated number of Permanent Supportive Housing (PSH) units: 228.

Source: 2023 Shasta County HIC Report
This number includes units in City-funded PSH developments, scattered site PSH units, and units that do not participate in HMIS.
iv. The number of residents who have exited the system and are no longer in need of a homeless shelter or permanent supportive housing within the city, county, or city and county.

The number of residents who have exited the system and are no longer in need of a homeless shelter or PSH within the City: 593.

Source: HMIS
This number is based on persons reported in HMIS as having left a shelter, transitional housing, rapid rehousing, or PSH unit within the City for unassisted permanent housing, such as family reunification or unassisted rental housing.

Packet Pg. 202 Attachment: ^2023 Shelter Crisis Annual Report (4.2(c)--Shelter Crisis Annual Report) The Redding Housing Authority was allocated a total of 64 Emergency Housing Vouchers. As of December 1, 2023, there are 63 active leases on the program (98 percent utilization). v. The number of new homeless shelters built pursuant to this section within the city, county, or city and county.

The number of new homeless shelters built pursuant to this section within the City: One.

Source: City Manager’s Office
The Mark Street Emergency Housing Site opened for services in March 2023. They currently operate a site with eight micro shelters, having served 10 unsheltered persons in FY 2022-23.

Two additional Emergency Housing Sites are in progress: one is under construction and one is identifying their operational funding sources with the intent to open in early 2024, for an additional 23 shelter beds (Goodwater Crossing – 4 beds, Good News Rescue Mission – 19 beds).

Additional community resources established in FY 2022-23 include New Life Discovery Project which leases a motel with 70 emergency shelter beds.
vi. New actions the City is taking under the declared shelter crisis to better serve the homeless population and to reduce the number of people experiencing homelessness.

Since declaring a shelter crisis, the City has allocated a total of more than $1,449,838 to the Crisis Intervention Response Team, No Boundaries, RABA/United Way partnership, Pallet Shelters, and Emergency Housing Site infrastructure. This funding includes:
o $497,338 from the City’s State of California Permanent Local Housing Assistance Program (PLHA) grant allocation for emergency shelter capital and operating costs; o $45,000 in Affordable Housing Loan Fund (AHLF) dollars allocated for capital costs and emergency housing site infrastructure;
o $757,500 from the Encampment Resolution Funding-2-L for pallet shelters, infrastructure, Crisis Intervention Response Team operating, and emergency shelter beds.
o $150,000 from the American Rescue Plan Act (ARPA) for micro shelter staffing and operational costs.

The City executed an agreement with the Partnership HealthPlan of California to administer the State of California Homeless Housing and Incentive Program (HHIP) funds in the total amount of $7,337,448. Administrative costs for the grant equals $1,100,470.

For purposes of this section, the following terms have the following meanings:
(1) “Homeless shelter” means a facility with overnight sleeping accommodations, the primary purpose of which is to provide temporary shelter for the homeless that is not in existence after the declared shelter crisis. A temporary homeless shelter community may include supportive and selfsufficiency development services.

Packet Pg. 203 Attachment: ^2023 Shelter Crisis Annual Report (4.2(c)--Shelter Crisis Annual Report) (2) “Permanent supportive housing” means housing for people who are homeless, with no limit on length of stay, and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving the person’s health status, and maximizing the person’s ability to live and, when possible, work in the community.

If you have any questions or need additional information, please contact Steve Bade, Assistant City Manager at [email protected].

Sincerely,
Barry Tippin
City Manager
Packet Pg. 204 Attachment: ^2023 Shelter Crisis Annual Report (4.2(c)--Shelter Crisis Annual Report)

CITY OF REDDING

SHELTER CRISIS ACTION PLAN
California Government Code Section 8698, et seq., allows the governing body of a city to declare a Shelter Crisis when a significant number of persons are without the ability to obtain shelter, resulting in a threat to their health and safety.

The 2020 Shasta County Point‐in‐Time Report provided that four hundred fifty‐four (454) individuals within the City of Redding “(“City”), including veterans, women, children, individuals with disabilities, senior citizens, and other vulnerable groups, are experiencing unsheltered homelessness within the City. Many of those unable to obtain shelter reside on the streets, in alleys and doorways, along the Sacramento River and its tributaries, and in unlawful encampments throughout the City. These individuals lack adequate sanitary facilities and are at risk from theft, crime, and extreme weather conditions, these conditions threaten the health and safety of the unsheltered population and likewise threaten the public health and safety of the public at large, contribute to a draw on public resources, and threaten the environmental health of the City’s waterways.

In June 2021, the City Council adopted a resolution declaring that the City of Redding has a shelter crisis.  A shelter crisis proclaimsthat a significant number of people are without the ability to obtain shelter.  Following this declaration, the Council approved two Ordinances (2637 and 2638) thereby amending Redding Municipal Code (RMC) Title 18 (Zoning), Chapter 18.17, subsection 18.17.020 (Temporary Uses Exempt from Permits) and RMC Title 16, Chapter 16.02, subsection 16.02.010 and Chapter 16.03, subsection 16.03.010 relating to establishing the criteria for permitting emergency housing sites and the operation of the same during a declared Shelter Crisis.

With the declaration of a shelter crisis and the City enacting the provisions of RMC Section

18.17.020 and portions of Title 16, these actions allow organizations within the City to request permits issued by the City Council to set up and operate an Emergency Housing Site as defined in the RMC and in Appendix O of the California Building Code.  The Emergency Housing Sites will provide low barrier, sanitary shelter for up to 10 months, for those experiencing homelessness.

Wrap‐around supportive services will be provided to the occupants of the Emergency Housing Sites with the goal of moving those individuals into permanent housing.

Pursuant to California Government Code Section 8698 and RMC Chapter 18.17.020, subsection M., 14, the City Manager shall, not later than July 1st of the year following the declaration of any shelter crisis, develop a plan to address the shelter crisis which shall include the development of homeless shelters and permanent supportive housing as well as onsite supportive services.

The implementation of Emergency Housing Sites within the City of Redding provides a resource to address the crisis of the unsheltered by creating housing facilities offering short‐term shelter bridging the gap to transitional or permanent housing.  Considering Emergency Housing Sites Packet Pg. 205 Attachment: Shelter Crisis Action Plan (4.2(c)--Shelter Crisis Annual Report) will play an important role in addressing unsheltered needs within our community, staff developed the following Action Plan:

I. DEVELOP CITY INTERNAL PROCESS
a. City Manager’s Office – Program Administration
i. Application Process
ii. City Property Analysis
iii. Emergency Housing Site Permit Approval
iv. Communicate Progress to City Council and Community
b. Emergency Sleeping Cabin Approval
i. Building Official
ii. Fire Marshal
iii. Pallet
iv. CHYBA
c. Site Development
i. Permit Process Checklist
ii. Internal Team (Development Services, Fire, Public Works, REU, Housing and RPD)
d. Operations and Services Plan
i. Administrative Guidelines
ii. Guide, Advise and Monitor Operations and Services Plans iii. Collect Annual Report from each Emergency Housing Site

II. BUILD CAPACITY AND PARTNERSHIPS
a. Identify Funding Resources
b. Establish Partnerships
i. Non‐Profits (St. James, GNRM, United Way)
ii. CIRT
iii. Support Services
iv. Continuum of Care
c. Collect Data
d. Seek new capital and service funding opportunities
III. HOUSING RESOURCES
a. Emergency
i. City Property
ii. Private Property
b. Transitional
i. Participate with the Housing Inventory Count and identify available bed within our community.
ii. Facilitate partnerships that improve the number of beds available in our community.

Packet Pg. 206 Attachment: Shelter Crisis Action Plan (4.2(c)--Shelter Crisis Annual Report) c. Permanent
i. Tax Credit Developments
ii. CDBG‐DR‐MHP
iii. Pursue other federal and state funding sources.

IV.   REGULATORY/LEGISLATIVE
a. Annual Report
i. The total number of residents in homeless shelters within the city, county, or city and county.
ii. The total number of residents who have moved from a homeless shelter into permanent supportive housing within the city, county, or city and county.
iii. The estimated number of permanent supportive housing units. iv. The number of residents who have exited the system and are no longer in need of a homeless shelter or permanent supportive housing within the city, county, or city and county.
v. The number and bed capacity of new homeless shelters built pursuant to this section within the city, county, or city and county. The information regarding the bed capacity shall be included in reports due by January 1, 2022, and by January 1 of each year thereafter. Bed capacity shall not include the parking vehicle capacity of a homeless shelter on a parking lot owned or leased by a city, county, or city and county specifically identified as one allowed for safe parking by homeless and unstably housed individuals.
vi. New actions the city, county, or city and county is taking under the declared shelter crisis to better serve the homeless population and to reduce the number of people experiencing homelessness.
vii. The ordinance and any associated findings adopted by the city, county, or city and county pursuant to paragraph (2).
b. Monitor federal and state legislative actions, laws and resources.

Packet Pg. 207 Attachment: Shelter Crisis Action Plan (4.2(c)--Shelter Crisis Annual Report) Packet Pg. 208 Attachment: CA Code Section 8698.4 (4.2(c)--Shelter Crisis Annual Report) Packet Pg. 209 Attachment: CA Code Section 8698.4 (4.2(c)--Shelter Crisis Annual Report) Packet Pg. 210 Attachment: CA Code Section 8698.4 (4.2(c)--Shelter Crisis Annual Report) Packet Pg. 211 Attachment: CA Code Section 8698.4 (4.2(c)--Shelter Crisis Annual Report)

CITY OF REDDING

REPORT TO THE CITY COUNCIL
Recommendation
Authorize and approve the following actions:
(1) Authorize the City Manager, or his designee, to sign the Funding Agreement with No Boundaries Transitional Housing Inc., in the amount of $564,564 for the term of January 1, 2024 through June 30, 2024;
(2) Find that the project is categorically exempt from the California Environmental Quality Act pursuant to Section 15301(d) Existing Facilities; and (3) Find that according to the National Environmental Policy Act operating costs are categorically excluded, not subject to 24 CFR §58.5, convert to exempt and require no further environmental study or approval from the United States Department of Housing and Urban Development.

Fiscal Impact
The No Boundaries Transitional Housing, Inc. (No Boundaries) funding agreement in the amount of $564,564 will be funded from a combination of Housing Division grant fund resources that include, but are not limited to, the Permanent Local Housing Allocation, Housing and Homelessness Incentive Program, Successor Housing Agency, Affordable Housing Loan Funds or Encampment Resolution Funds. Utilizing these funding sources will have no impact to the General Fund.

Alternative Action
The City Council (Council) may choose not to authorize the funding agreement. This would severely reduce the number of interim housing units available within the community.

MEETING DATE: December 19, 2023
ITEM NO. 4.2(d)
FROM:
***APPROVED BY***
[email protected]
[email protected]
SUBJECT: 4.2(d)--Approve Funding Agreement with No Boundaries Transitional Housing Inc.

Steve Bade, Assistant City
Manager
Packet Pg. 212
Report to Redding City Council December 14, 2023
Re: 4.2(d)--Approve Funding Agreement with No Boundaries Transitional Housing Inc. Page 2 Background/Analysis
The City of Redding (City) has been working on several initiatives to assist the unsheltered within the community. One important initiative involves increasing the number of low barrier shelter units with supportive services and/or case management. On August 2, 2022, the Council authorized the City Manager to negotiate a Consulting and Professional Services Contract (Contract) with a non-profit provider for a term of six months in an amount not-to-exceed $235,000. On September 14, 2022, the City executed the contract with No Boundaries securing 32 supportive housing units with a total of 50 beds.

Over the last year, the following has transpired:

On November 21, 2022, a first amendment to the contract was completed, increasing the number of units from 32 to 46 thereby providing 26 more beds for a total of 76 beds and increasing the budget to $294,360. Under this same amendment, the City Manager authorized the ability to extend the contract and increase the budget as a minor amendment to the contract.

On February 21, 2023, a second amendment was executed that provided an additional month extension to the contract and increased the total contract to $349,560.

On March 28, 2023, a third amendment was executed providing an extension of the contract through April 15, 2023. The third amendment increased the total contract to $381,990 to accommodate a negotiated increase in the room rate between No Boundaries and the property owner.

On April 5, 2023, a fourth amendment was executed to extend the contract through December 2023 and increased the budget by $551,310 for a total contract amount of $933,300.

On May 9, 2023, a fifth amendment was executed to add an additional 20 rooms to aid Crisis Intervention and Response Team’s efforts for placement of unsheltered persons from the Lost Lane/Masonic Encampment, increasing the budget by $343,500 for a total contract amount of $1,276,800. This increase was funded by awarded Encampment Resolution Funds (ERF-2-L).

A new Funding Agreement in an amount not to exceed $564,564 is warranted and is the subject of this report to continue funding the 66 rooms through June 30, 2024.

From August 2022 through September 2023, No Boundaries has served 393 people with emergency shelter, supportive services, and connections to resources. Of those, 46 people have been permanently housed. These accomplishments were a result of the support of the City along with other state funding received by No Boundaries.

Packet Pg. 213
Report to Redding City Council December 14, 2023
Re: 4.2(d)--Approve Funding Agreement with No Boundaries Transitional Housing Inc. Page 3 Environmental Review
This project is categorically exempt from the California Environmental Quality Act pursuant to Section 15301 (d) (existing facilities). Authorization of the contract will not result in physical alteration of the environment, and the action has no potential to have a significant effect on the environment. In addition, the National Environmental Policy Act review finds that this project is categorically excluded not subject to 24 CFR §58.5, converts to exempt, and require no further environmental study or approval from the United States Department of Housing and Urban Development.

Council Priority/City Manager Goals
• Government of the 21st Century – “Be relevant and proactive to the opportunities and challenges of today’s residents and workforce. Anticipate the future to make better decisions today.”
• Public Safety – “Work to improve all aspects of public safety to help people feel secure and safe where they live, work, and play in the City of Redding.” Attachments
Funding Agreement - City of Redding and No Boundaries Transitional Housing Inc Packet Pg. 214
____________________________________________________________________________________________ Funding Agreement – No Boundaries Transitional Housing Inc Page 1

FUNDING AGREEMENT
THIS AGREEMENT is made at Redding, California, by and between the City of Redding (“City”), a municipal corporation and general law city, and No Boundaries Transitional Housing, Inc. (“No Boundaries”) for the purpose of providing the emergency occupancy and supportive services (“Project”) for homeless persons within the City of Redding.

RECITALS
The City does not have sufficient personnel to perform the services required herein thereby necessitating this agreement for emergency occupancy and supportive services.

AGREEMENT

1. TERM. The term of this agreement shall be from on or about January 1, 2024, and complete said work no later than June 30, 2024.

2. SERVICES TO BE PROVIDED BY NO BOUNDARIES. No Boundaries shall provide services outlined in Exhibit A, attached and incorporated herein. No Boundaries shall provide the services at the time, place and in the manner specified in Exhibit A and shall utilize all forms attached and incorporated herein in Exhibit C attached and incorporated herein.

3. FUNDING BY THE CITY. City shall pay No Boundaries for services rendered pursuant to this agreement, at the times and in the manner set forth in Exhibit B, attached and incorporated herein, in a total amount not to exceed Five Hundred Sixty-Four Thousand Five Hundred Sixty-Four no/100 ($564,564). This sum includes motel room charges incurred by No Boundaries that are specifically associated with the provision of services under this Agreement. The payments specified herein shall be the only payments to be made to No Boundaries for services rendered pursuant to this Agreement. The sum set forth herein is intended to compensate No Boundaries for lodging set forth in this Agreement.

This Agreement is intended to fund occupancy and HMIS/Coordinated Entry services as set forth in Exhibit A only. It does not fund any particular program or service to which an individual may be referred.

No Boundaries shall submit monthly invoices to City for services pursuant to Exhibits A and B included within this Agreement. All invoices shall be itemized to reflect the billing rate for each room and services provided.

All correct, complete and undisputed invoices sent by No Boundaries to City shall be paid within thirty (30) calendar days of receipt. Should the No Boundaries wish to be paid via electronic fund transfer, additional completed forms not specified within the Agreement but required by the City of Redding Finance and Treasury Departments would be required to be completed by No Boundaries and approved prior to payment in this manner.

Packet Pg. 215 Attachment: Funding Agreement - City of Redding and No Boundaries Transitional Housing Inc (4.2(d)--Approve Funding Agreement with No ____________________________________________________________________________________________ Funding Agreement – No Boundaries Transitional Housing Inc Page 2

4. TERMINATION. If No Boundaries fails to perform its duties to the satisfaction of City, or if No Boundaries fails to fulfill in a timely and professional manner its obligations under this Agreement, then City shall have the right to terminate this Agreement effective immediately upon City giving written notice thereof to No Boundaries.

Either Party may terminate this Agreement without cause on thirty (30) calendar days’ written notice. Notwithstanding the preceding, if the term set forth in Section 1 of this Agreement exceeds ninety (90) calendar days in duration, No Boundaries’ sole right to terminate shall be limited to termination for cause.

No Boundaries hereby acknowledges and agrees that the obligation of City to pay under this Agreement is contingent upon the availability of City’s funds which are appropriated or allocated by the City Council. Should the funding for the project and/or work set forth herein not be appropriated or allocated by the City Council, City may terminate this Agreement by furnishing at least thirty (30) calendar days’ written notice of its intention to terminate. In the event of a termination pursuant to this subdivision, No Boundaries shall not be entitled to a remedy of acceleration of payments due over the term of this Agreement. The Parties acknowledge and agree that the power to terminate described herein is required by Article 16, Section 18, of the California Constitution, and that constitutional provision supersedes any law, rule, regulation or statute which conflicts with the provisions of this Section.

In the event that City gives notice of termination, No Boundaries shall promptly provide to City any and all finished and unfinished reports, data, studies, photographs, charts or other work product prepared by No Boundaries pursuant to this Agreement. City shall have full ownership, including, but not limited to, intellectual property rights, and control of all such finished and unfinished reports, data, studies, photographs, charts or other work product.

In the event that City terminates the Agreement, City shall pay No Boundaries the reasonable value of services rendered by No Boundaries pursuant to this Agreement; provided, however, that City shall not in any manner be liable for lost profits which might have been made by No Boundaries had No Boundaries completed the services required by this Agreement. No Boundaries shall, not later than ten (10) calendar days after termination of this Agreement by City, furnish to City such financial information as in the judgment of the City’s representative is necessary to determine the reasonable value of the services rendered by No Boundaries.

In no event shall the termination or expiration of this Agreement be construed as a waiver of any right to seek remedies in law, equity or otherwise for a Party’s failure to perform each obligation required by this Agreement.

5. MISCELLANEOUS TERMS AND CONDITIONS OF AGREEMENT. Pursuant to the City’s business license ordinance, No Boundaries shall obtain a City business license prior to commencing work.

Packet Pg. 216 Attachment: Funding Agreement - City of Redding and No Boundaries Transitional Housing Inc (4.2(d)--Approve Funding Agreement with No ____________________________________________________________________________________________ Funding Agreement – No Boundaries Transitional Housing Inc Page 3 No Boundaries represents and warrants to City that it has all licenses, permits, qualifications and approvals of any nature whatsoever that are legally required for No Boundaries to practice its profession. No Boundaries represents and warrants to City that No Boundaries shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits and approvals that are legally required for No Boundaries to practice its profession.

No Boundaries shall, during the entire term of this Agreement, be construed to be an independent contractor and nothing in this Agreement is intended, nor shall it be construed, to create an employer/employee relationship, association, joint venture relationship, trust or partnership or to allow City to exercise discretion or control over the professional manner in which No Boundaries performs under this Agreement. Any and all taxes imposed on No Boundaries’ income, imposed or assessed by reason of this Agreement or its performance, including but not limited to sales or use taxes, shall be paid by No Boundaries. No Boundaries shall be responsible for any taxes or penalties assessed by reason of any claims that No Boundaries is an employee of City. No Boundaries shall not be eligible for coverage under City’s workers’ compensation insurance plan, benefits under the Public Employee Retirement System or be eligible for any other City benefit.

No provision of this Agreement is intended to, or shall be for the benefit of, or construed to create rights in, or grant remedies to, any person or entity not a party hereto.

No portion of the work or services to be performed under this Agreement shall be assigned, transferred, conveyed or subcontracted without the prior written approval of City. No Boundaries may use the services of independent contractors and sub-contractors to perform a portion of its obligations under this Agreement with the prior written approval of City.

Independent No contractors and sub-contractors shall be provided with a copy of this Agreement and No Boundaries shall have an affirmative duty to assure that said independent contractors and sub-contractors comply with the same and agree to be bound by its terms. No Boundaries shall be the responsible party with respect to all actions of its independent contractors and sub-contractors, and shall obtain such insurance and indemnity provisions from its contractors and sub-contractors as City’s Risk Manager shall determine to be necessary.

No Boundaries, at such times and in such form as City may require, shall furnish City with such periodic reports as it may request pertaining to the work or services undertaken pursuant to this Agreement, the costs or obligations incurred or to be incurred in connection therewith, and any other matters covered by this Agreement.

No Boundaries shall maintain accounts and records, including personnel, property and financial records, adequate to identify and account for all costs pertaining to this Agreement and such other records as may be deemed necessary by City to assure proper accounting for all project funds. These records shall be made available for audit purposes to state and federal authorities, or any authorized representative of City. No Boundaries shall retain such records for five (5) years after the expiration of this Agreement, unless prior permission to destroy them is granted by City.

Packet Pg. 217 Attachment: Funding Agreement - City of Redding and No Boundaries Transitional Housing Inc (4.2(d)--Approve Funding Agreement with No ____________________________________________________________________________________________ Funding Agreement – No Boundaries Transitional Housing Inc Page 4 No Boundariesshall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of No Boundaries’ profession. All products of whatsoever nature which No Boundaries delivers to City pursuant to this Agreement shall be prepared in a professional manner and conform to the standards of quality normally observed by a person practicing the profession of No Boundaries and its agents, employees and sub-contractors assigned to perform the services contemplated by this Agreement.

All completed reports and other data or documents, or computer media including diskettes, and other materials provided or prepared by No Boundaries in accordance with this Agreement are the property of City, and may be used by City. City shall have all intellectual property rights including, but not limited to, copyright and patent rights, in said documents, computer media, and other materials provided by No Boundaries. City shall release, defend, indemnify and hold harmless No Boundaries from all claims, costs, expenses, damage or liability arising out of or resulting from City’s use or modification of any reports, data, documents, drawings, specifications or other work product prepared by No Boundaries, except for use by City on those portions of the City’s project for which such items were prepared.

No Boundaries, including its employees, agents, and sub-contractors, shall not maintain or acquire any direct or indirect interest that conflicts with the performance of this Agreement.

No Boundaries shall comply with all requirements of the Political Reform Act (Government Code § 8100 et seq.) and other laws relating to conflicts of interest, including the following: 1) No Boundaries shall not make or participate in a decision made by City if it is reasonably foreseeable that the decision may have a material effect on No Boundaries’ economic interest, and 2) if required by the City Attorney, No Boundaries shall file financial disclosure forms with the City Clerk.

6. INDEMNIFICATION. No Boundariesshall indemnify and defend the City and its elected officials, officers, employees, agents and volunteers against and hold them harmless from any and all claims, losses, damages, and liability for damages, including attorney’s fees and other costs of defense incurred by the City, whether for damage to or loss of property or injury to or death of persons or loss of services, expenses or compensation, including properties of the City and injury to or death of the City’s elected officials, officers, employees, agents and volunteers arising out of, or resulting from, the City’s expenditure of funds to No Boundaries hereunder, the services to be performed hereunder by No Boundaries or from the actions of No Boundaries’ officials, officers, employees, agents, volunteers and invitees, unless such damage, loss, injury or death is caused by the sole or active negligence of the City.

7. INSURANCE. Unless modified in writing by City’s Risk Manager, No Boundaries shall maintain the following noted insurance during the duration of the Agreement:

Coverage shall be at least as broad as:

Packet Pg. 218 Attachment: Funding Agreement - City of Redding and No Boundaries Transitional Housing Inc (4.2(d)--Approve Funding Agreement with No ____________________________________________________________________________________________ Funding Agreement – No Boundaries Transitional Housing Inc Page 5 A. Insurance Services Office form number CG-0001, Commercial General Liability Insurance, in an amount not less than $1,000,000 per occurrence and $2,000,000 general aggregate for bodily injury, personal injury and property damage;
B. Insurance Services Office form number CA-0001 (Ed. 1/87), Comprehensive Automobile Liability Insurance, which provides for total limits of not less than $1,000,000 combined single limits per accident applicable to all owned, non-owned and hired vehicles;
C. Statutory Workers’ Compensation required by the Labor Code of the State of California and Employers' Liability Insurance in an amount not less than $1,000,000 per occurrence. Both the Workers’ Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents and volunteers; D. Professional Liability (Errors and Omissions) Insurance, appropriate to No Boundaries’ profession, against loss due to error or omission or malpractice in an amount not less than $1,000,000.

E. The City does not accept insurance certificates or endorsements with the wording “but only in the event of a named insured’s sole negligence” or any other verbiage limiting the insured’s insurance responsibility.

F. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its elected officials, officers, employees, agents and volunteers; or the No Boundaries shall procure a bond guaranteeing payment of losses and related investigations, claims administration and defense expenses.

G. The General Liability shall contain or be endorsed to contain the following provisions:
i. City, its elected officials, officers, employees, and agents are to be covered as additional insured as respects liability arising out of work or operations performed by or on behalf of No Boundaries; premises owned, leased or used by No Boundaries; or automobiles owned, leased, hired or borrowed by No Boundaries. The coverage shall contain no special limitations on the scope of protection afforded to City, its elected officials, officers, employees, agents and volunteers.
ii. The insurance coverage of No Boundaries shall be primary insurance as respects City, its elected officials, officers, employees, agents and volunteers. Any insurance or self-insurance maintained by City, its elected Packet Pg. 219 Attachment: Funding Agreement - City of Redding and No Boundaries Transitional Housing Inc (4.2(d)--Approve Funding Agreement with No ____________________________________________________________________________________________ Funding Agreement – No Boundaries Transitional Housing Inc Page 6 officials, officers, employees, agents and volunteers, shall be in excess of No Boundaries’ insurance and shall not contribute with it. iii. Coverage shall state that the insurance of No Boundaries shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. iv. Each insurance policy required by this Agreement shall be endorsed to state that coverage shall not be canceled except after thirty (30) calendar days' prior written notice has been given to City. In addition, No Boundaries agrees that it shall not reduce its coverage or limits on any such policy except after thirty (30) calendar days’ prior written notice has been given to City.

H. Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A-VII.

I. No Boundaries shall designate the City of Redding as a Certificate Holder of the insurance. No Boundariesshall furnish City with certificates of insurance and original endorsements affecting the coverages required by this clause. Certificates and endorsements shall be furnished to: Risk Management Department, City of Redding, 777 Cypress Avenue, Redding, CA 96001. The certificates and endorsements for each insurance policy are to be signed by a person authorized by the insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City’s Risk Manager prior to the commencement of agreed upon services. City may withhold payments to No Boundaries if adequate certificates of insurance and endorsements required have not been provided, or not been provided in a timely manner.

J. The requirements as to the types and limits of insurance coverage to be maintained by No Boundaries as required by Section 5 of this Agreement, and any approval of said insurance by City, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by No Boundaries pursuant to this Agreement, including, without limitation, provisions concerning indemnification.

K. If any policy of insurance required by this Section is a “claims made” policy, pursuant to Code of Civil Procedure § 342 and Government Code § 945.6, No Boundaries shall keep said insurance in effect for a period of eighteen (18) months after the termination of this Agreement.

L. If any damage, including death, personal injury or property damage, occurs in connection with the performance of this Agreement, No Boundaries shall immediately notify City’s Risk Manager by telephone at (530) 225-4068. No later than three (3) calendar days after the event, No Boundaries shall submit a written report to City’s Risk Manager containing the following information, as applicable: 1) name and address of injured or deceased person(s); 2) name and address of witnesses; Packet Pg. 220 Attachment: Funding Agreement - City of Redding and No Boundaries Transitional Housing Inc (4.2(d)--Approve Funding Agreement with No ____________________________________________________________________________________________ Funding Agreement – No Boundaries Transitional Housing Inc Page 7 3) name and address of No Boundaries’ insurance company; and 4) a detailed description of the damage and whether any City property was involved.

8. INDEMNIFICATION AND HOLD HARMLESS. Consistent with California Civil Code § 2782.8, when the services to be provided under this Agreement are design professional services to be performed by a design professional, as that term is defined under Section 2782.8, No Boundaries shall, to the fullest extent permitted by law, indemnify protect, defend and hold harmless, City, its elected officials, officers, employees, and agents, and each and every one of them, from and against all actions, damages, costs, liability, claims, losses, penalties and expenses (including, but not limited to, reasonable attorney’s fees of the City Attorney or legal counsel retained by City, expert fees, litigation costs, and investigation costs) of every type and description to which any or all of them may be subjected by reason of, or resulting from, directly or indirectly, the negligence, recklessness, or willful misconduct of No Boundaries, its officers, employees or agents in the performance of professional services under this Agreement, except when liability arises due to the sole negligence, active negligence or misconduct of the City.

Other than in the performance of professional services by a design professional, which is addressed solely by subdivision (A) of this Section, and to the fullest extent permitted by law, No Boundaries shall indemnify protect, defend and hold harmless, City, its elected officials, officers, employees, and agents, and each and every one of them, from and against all actions, damages, costs, liability, claims, losses, penalties and expenses (including, but not limited to, reasonable attorney’s fees of the City Attorney or legal counsel retained by City, expert fees, litigation costs, and investigation costs) of every type and description to which any or all of them may be subjected by reason of the performance of the services required under this Agreement by No Boundaries its officers, employees or agents in the performance of professional services under this Agreement, except when liability arises due to the sole negligence, active negligence or misconduct of the City.

The No Boundaries’ obligation to defend, indemnify and hold harmless shall not be excused because of the No Boundaries’ inability to evaluate liability. The No Boundaries shall respond within thirty (30) calendar days to the tender of any claim for defense and indemnity by the City, unless this time has been extended in writing by the City. If the No Boundaries fails to accept or reject a tender of defense and indemnity in writing delivered to City within thirty (30) calendar days, in addition to any other remedy authorized by law, the City may withhold such funds the City reasonably considers necessary for its defense and indemnity until disposition has been made of the claim or until the No Boundaries accepts or rejects the tender of defense in writing delivered to the City, whichever occurs first. This subdivision shall not be construed to excuse the prompt and continued performance of the duties required of No Boundaries herein.

The obligation to indemnify, protect, defend, and hold harmless set forth in this Section applies to all claims and liability regardless of whether any insurance policies are applicable. The policy limits of said insurance policies do not act as a limitation upon the amount of indemnification to be provided by No Boundaries.

Packet Pg. 221 Attachment: Funding Agreement - City of Redding and No Boundaries Transitional Housing Inc (4.2(d)--Approve Funding Agreement with No ____________________________________________________________________________________________ Funding Agreement – No Boundaries Transitional Housing Inc Page 8 City shall have the right to approve or disapprove the legal counsel retained by No Boundaries pursuant to this Section to represent City’s interests. City shall be reimbursed for all costs and attorney's fees incurred by City in enforcing the obligations set forth in this Section.

9. AGREEMENT INTERPRETATION, VENUE AND ATTORNEY FEES. This Agreement shall be deemed to have been entered into in Redding, California. All questions regarding the validity, interpretation or performance of any of its terms or of any rights or obligations of the parties to this Agreement shall be governed by California law. If any claim, at law or otherwise, is made by either party to this Agreement, the prevailing party shall be entitled to its costs and reasonable attorneys' fees.

This document, including all exhibits, contains the entire agreement between the parties and supersedes whatever oral or written understanding each may have had prior to the execution of this Agreement. This Agreement shall not be altered, amended or modified except by a writing signed by City and No Boundaries. No verbal agreement or conversation with any official, officer, agent or employee of City, either before, during or after the execution of this Agreement, shall affect or modify any of the terms or conditions contained in this Agreement, nor shall any such verbal agreement or conversation entitle No Boundaries to any additional payment whatsoever under the terms of this Agreement.

No covenant or condition to be performed by No Boundaries under this Agreement can be waived except by the written consent of City. Forbearance or indulgence by City in any regard whatsoever shall not constitute a waiver of the covenant or condition in question.

Until performance by No Boundaries of said covenant or condition is complete, City shall be entitled to invoke any remedy available to City under this Agreement or by law or in equity despite said forbearance or indulgence.

If any portion of this Agreement or the application thereof to any person or circumstance shall be invalid or unenforceable to any extent, the remainder of this Agreement shall not be affected thereby and shall be enforced to the greatest extent permitted by law.

The headings in this Agreement are inserted for convenience only and shall not constitute a part hereof. A waiver of any party of any provision or a breach of this Agreement must be provided in writing, and shall not be construed as a waiver of any other provision or any succeeding breach of the same or any other provisions herein.

Each Party hereto declares and represents that in entering into this Agreement, it has relied and is relying solely upon its own judgment, belief and knowledge of the nature, extent, effect and consequence relating thereto. Each Party further declares and represents that this Agreement is made without reliance upon any statement or representation not contained herein of any other Party or any representative, agent or attorney of the other Party. The Parties agree that they are aware that they have the right to be advised by counsel with respect to the negotiations, terms, and conditions of this Agreement and that the decision of whether or not to seek the advice of counsel with respect to this Agreement is a decision which is the sole responsibility of each of the Parties. Accordingly, no party shall be Packet Pg. 222 Attachment: Funding Agreement - City of Redding and No Boundaries Transitional Housing Inc (4.2(d)--Approve Funding Agreement with No ____________________________________________________________________________________________ Funding Agreement – No Boundaries Transitional Housing Inc Page 9 deemed to have been the drafter hereof, and the principle of law set forth in Civil Code § 1654 that Agreements are construed against the drafter shall not apply.

Each of the Parties hereto hereby irrevocably waives any and all right to trial by jury in any action, proceeding, claim or counterclaim, whether in Agreement or tort, at law or in equity, arising out of or in any way related to this Agreement or the transactions contemplated hereby. Each Party further waives any right to consolidate any action which a jury trial has been waived with any other action in which a jury trial cannot be or has not been waived.

In the event of a conflict between the term and conditions of the body of this Agreement and those of any exhibit or attachment hereto, the terms and conditions set forth in the body of this Agreement proper shall prevail. In the event of a conflict between the terms and conditions of any two or more exhibits or attachments hereto, those prepared by City shall prevail over those prepared by No Boundaries.

10. COMPLIANCE WITH LAWS – NONDISCRIMINATION. No Boundaries shall comply with all applicable laws, ordinances and codes of federal, state and local governments.

In the performance of this Agreement, No Boundaries shall not discriminate against any employee or applicant for employment because of race, color, ancestry, national origin, religious creed, sex, sexual orientation, disability, age, marital status, political affiliation, or membership or non-membership in any organization. No Boundaries shall take affirmative action to ensure applicants are employed and that employees are treated during their employment without regard to their race, color, ancestry, national origin, religious creed, sex, sexual orientation, disability, age, marital status, political affiliation, or membership or non-membership in any organization. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training.

11. REPRESENTATIVES. City’s Agreement Representative for this Agreement is Laura McDuffey, Senior Housing Specialist, 777 Cypress Avenue, Redding, California 96001, telephone number (530) 225-4236, fax number (530) 245-7160, email [email protected], 777 Cypress Avenue All of No Boundaries’ questions pertaining to this Agreement shall be referred to the above-named person, or to the representative's designee.

No Boundaries’ representative for this Agreement is Christine Cage, President, 1703 Kenyon Drive, Redding California 96001, telephone number (530) 208-7552, email [email protected]. All of City’s questions pertaining to this Agreement shall be referred to the above-named person.

The representatives set forth herein shall have authority to give all notices required herein.

Packet Pg. 223 Attachment: Funding Agreement - City of Redding and No Boundaries Transitional Housing Inc (4.2(d)--Approve Funding Agreement with No ____________________________________________________________________________________________ Funding Agreement – No Boundaries Transitional Housing Inc Page 10

12. NOTICES. All notices, requests, demands and other communications hereunder shall be deemed given only if in writing signed by an authorized representative of the sender (may be other than the representatives referred to in Section 10) and delivered by facsimile, with a hard copy mailed first class, postage prepaid; or when sent by a courier or an express service guaranteeing overnight delivery to the receiving party, addressed to the respective outlined in Section 11. Either party may change its address for the purposes of this paragraph by giving written notice of such change to the other party in the manner provided in this Section. Notice shall be deemed effective upon: 1) personal service; 2) two calendar days after mailing or transmission by facsimile, whichever is earlier.

13. AUTHORITY TO AGREEMENT. Each of the undersigned signatories hereby represents and warrants that they are authorized to execute this Agreement on behalf of the respective parties to this Agreement; that they have full right, power and lawful authority to undertake all obligations as provided in this Agreement; and that the execution, performance and delivery of this Agreement by said signatories has been fully authorized by all requisite actions on the part of the respective parties to this Agreement.

When the Mayor is signatory to this Agreement, the City Manager and/or the Department Director having direct responsibility for managing the services provided herein shall have authority to execute any amendment to this Agreement which does not increase the amount of compensation allowable to No Boundaries or otherwise substantially change the scope of the services provided herein.

14. DATE OF AGREEMENT. The date of this Agreement shall be the date that it shall have been signed by the City.

Packet Pg. 224 Attachment: Funding Agreement - City of Redding and No Boundaries Transitional Housing Inc (4.2(d)--Approve Funding Agreement with No IN WITNESS WHEREOF, City and No Boundaries have executed this Agreement on the days and year set forth below:

Dated: _____ ,20 __
ATTEST:

SHARLENE TIPTON, City Clerk
Dated: fLf@ . I ,20�
Funding Agreement - No Boundaries Transitional Housing Inc By:
· CITY OF REDDING,
A Municipal Corporation
By: BARRY TIPPIN, City Manager
APPROVED AS TO FORM:

BARRY E. DeWALT
City Attorney
By:

CONSULTANT, A Nonprofit Public
Benefit Corporation
Christine Cage, Preside
Transitional Housing, Inc.

Tax ID No.: 82-0969989