Agenda, regular meeting — Wasco City Council, October 1, 2024

City of Wasco City Council Meeting Agenda, October 1, 2024 .

Public advisory: Face masks are recommended. The City C ouncil chamber is open and accessible to the public.

V
iew the meeting Live on the city’s website
https://www.cityofwasco.org/306/city-council-meeting-videos subject to technical limitations.

A
CCESSIBILITY: In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in the City Council meeting, please contact the City Clerk Department at 661-758-7215 or via email at [email protected] within 48 hours of the meeting or sooner.

Th
e following is provided to assist with public participation:

AG
ENDA AVAILABILITY : The City Council Agenda is posted on the bulletin board at the entrance of City Hall, 746 8th Street, Wasco, at the entrance of 764 E Street, Wasco, and at the entrance of the Police’s Office, 748 F Street, Wasco. The agenda packet, meeting minutes, and archived City Council meetings are available on the City’s website, www.cityofwasco.org.

A
genda Materials: Ci ty Council agenda materials are released no later than 72 hours prior to a meeting and are available to the public at the City Clerk’s Office, 746 8th Street, Wasco, CA, in a public binder at each City Council meeting, and on the City’s website at https://www.cityofwasco.org/AgendaCenter
P
UBLIC COMMENT S: All public comments are subject to a 2 -minute limit, and a maximum of Thirty (30) minutes will be allowed for any subject. To provide your comments to the City Councilmembers regarding matters not on the agenda or a specific item on the agenda, you may address your comments IN PERSON. Before making your presentation, you will be asked to state your name for the record. If you would like to submit a written public comment, please email the City Clerk at [email protected] no later than 4 :00 p.m. October 1 , 2024.

Please clearly indicate which agenda item number your comments pertain to. Every effort will be made to read your comment into the record . If a comment is received after the specific time mentioned above but before the meeting is adjourned, the comment will still be included as a part of the record of the meeting. Still, it will not be read into the record.

Pl
ease be advised that communications directed to the City Council are public records and are subject to disclosure pursuant to the California Public Records Act and Brown Act unless AGENDA
Regular City Council Meeting,
Successor Agency to the
Former Redevelopment Agency and the
Wasco Public Finance Authority
Tuesday, October 1, 2024 – 6:00 pm.

Council Chambers
746 8th Street, Wasco, CA 93280
www.cityofwasco.org
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City of Wasco City Council Meeting Agenda, October 1, 2024 exempt from disclosure under the applicable law. Communications will NOT be edited for redactions and will be printed/posted as submitted.

SPANISH INTERPRETATION: If you need an interpretation of your communications to the City Council from Spanish into English, please contact the City Clerk Department at 661-758-7215 or via email at [email protected]. S ubject to availability , notifying the City at least 48 hours before will usually enable it to make arrangements.

INTERPRETACIÓN EN ESPAÑOL: S i necesita una interpretación de sus comunicaciones al Concejo Municipal del español al inglés, comuníquese con el Departamento del Secretari o de la Ciudad al 661- 758-7215 o por correo electrónico a [email protected]. La notificación de al menos 48 horas generalmente permitirá a la Ciudad hacer arreglos. Sujeto a di
sponibilidad.

REGULAR MEETING – 6:00 pm

1) CALL TO ORDER: Mayor

2) ROLL CALL: Mayor Medina, Mayor Pro Tem Saldaña, Council Members: Martinez, Raya, Reyna

3) FLAG SALUTE: by Mayor Medina

4) INVOCATION: by Mike Lynch, Chaplain, Wasco Police Department

5) PRESENTATIONS: None

6) PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA:

This portion of the meeting is reserved for persons desiring to address the Council , including the Council acting as the Governing Board for the Successor Agency on any matter not on this agenda over which the Council and Successor Agency have jurisdiction. Speakers are limited to two (2) minutes. A maximum of Thirty (30) minutes will be allowed for any one subject. Please state your name for the record before making y
our presentation.

BROWN ACT REQUIREMENTS: The Brown Act does not allow action or Discussion on items not on the agenda (subject to narrow ex ceptions). This will limit a Councilmember’s response to questions and requests during this comment period. 7) SUCCESSOR AGENCY BUSINESS: None

8) WASCO PUBLIC FINANCE AUTHORITY BUSINESS: None

9) NEW EMPLOYEE POLICE DEPARTMENT BADGE PINNING CEREMONY FOR: None

10) PUBLIC SAFETY REPORTS
a. Kern County Fire Department (Appleton)
b. Wasco Police Department (Fivecoat)

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City of Wasco City Council Meeting Agenda, October 1, 2024 CITY COUNCIL BUSINESS:
11) CONSENT CALENDAR:

The Consent Calendar consists of items that are routine and noncontroversial, in the staff's opinion. These items are approved in one motion unless a Council Member or member of the public requests the removal of a particular item.
a. Receive and File department payments totaling $842,786.16

b. Approval of Minutes for September 3, 2024, Regular Meeting.

c. Approval for Travel Expenses Exceeding $500.00 for Code Compliance Officers to attend the 2024 California Association of Code Enforcement Officers Conference from November 11, 2024, to November 14, 2024, in Long Beach, CA., and Find that this action is not a project as defined under the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15378, no environmental review is required.

d. Adopt A Resolution Authorizing the Submission of An Application for The Beve rage Container Recycling City/County Payment Program Fiscal Year 2024- 2025 And Related Authorizations from The California Department of Resources Recycling and Recovery (CalRecycle), and Find that this action is not a project as defined under the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15378, no environmental review is required.

e. Adopt a Resolution Accepting Regional Early Action Planning (REAP) 2.0 funds in the amount of $705,882 and authorizing the City Manager or designee to execute a Memorandum of Understanding Between the Kern Council of Governments and City of Wasco and amending the City’s CIP Budget to transfer $44,118 from CIP Project No. 20215 to CIP Project No. 24011, and Find the subje ct activity is not a project within the meaning of CEQA Guidelines Section 15060 (c)(3) and is, therefore, not subject to review under CEQA.

f. Approval of Training Expenses Exceeding $500.00 for Police Officer to attend the POST-Certified Firearms and Tactical Rifle Instructor Course scheduled for October 7th – October 18th, 2024, in San Jose, CA., and Find that this action is not a project as defined under the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15378, no environmental review is required.

12) NEW BUSINESS:
a. Authorize the City Manager or designee to allocate $5,000.00 budget funding for the ongoing maintenance of downtown decor, and approve a purchase order and appropriate funding not exceeding $40,000.00 for the initial seasonal decor purchase, and Find the subject activity is not a project as defined under the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15378, no environmental review is required.

b. Adopt a Resolution Authorizing the City Manager or designee to finalize and endorse an Amended and Restated Communications Site Lease agreement with unWired Broadband, LLC.; and Find the subject activity is not a project as defined 3 OF 155
City of Wasco City Council Meeting Agenda, October 1, 2024 under the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15378, no environmental review is required.

c. Adopt a Resolution Authorizing the City Manager or designee to finalize and endorse an Advertising Agreement with The Wasco Tribune , and Find the subject activity is not a project as defined under the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15378, no environmental review is required.

13) PUBLIC HEARINGS:
a. Conduct a Public Hearing and a dopt a Resolution Amending the Traffic Impact Fee Rate Schedule, and Find the subject activity is not a project as defined under the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15378, no environmental review is required.

14) DEFERRED BUSINESS: None

15) REPORTS FROM COMMISSIONS AND COMMITTEES:
a. Kern Economic Development Corporation (Medina)
b. Kern Council of Government (Reyna)
c. Wasco Task Force (Saldaña and Medina)
16) REPORTS FROM THE CITY MANAGER:

17) REPORTS FROM THE CITY COUNCIL:

18) CLOSED SESSION:
a. CONFERENCE WITH LABOR NEGOTIATORS 54957.6
Agency designated representatives: City Manager, HR Manager, Employee Organization: SEIU Local 521

b. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) and paragraph (2) of subdivision (e) of Section 54956.9: (two potential cases).

19) CLOSED SESSION ACTION:

20) ADJOURNMENT:

This is to certify that this agenda was posted at Wasco City Hall on September 28, 2024, on/or
before 6:00 p.m. The agenda is also available on the City website at www.cityofwasco.org.

_________________________________
Monica Flores
Deputy City Clerk

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City of Wasco City Council Meeting Agenda, October 1, 2024 All agenda item supporting documentation is available for public review on the city website , www.cityofwasco.org, and the office of the City Clerk of the City of Wasco, 746 8 th Street, Wasco, CA 93280 , during regular business hours, 8:00 am – 4:30 pm Monday through Thursday and 8:30 am – 4:30 pm Friday (closed alternate Friday's), following the posting of the agenda. Any supporting documentation related to an agenda item for an open session of any regular meeting that is distributed after the agenda is posted and prior to the meeting will also be available for review at the same location and available at the meeting. Please remember to turn off all cell phones, pagers, or electronic devices during Council meetings.

The City of Wasco does not discriminate on the basis of disability in access to, provision of, or employment in its programs and activities pursuant to 29 United States Code Section 12132 and California Civil Code Section 54.

The City Clerk's Office can provide information regarding the rights provided under the Americans with Disabilities Act (ADA).

If you need special assistance to participate in this meeting, please contact the City Clerk's Office at (661) 758- 7215 to make reasonable arrangements to ensure accessibility to this meeting.

Telephone (661) 758- 7215.

Requests for assistance should be made at least two (2) days in advance whenever possible.

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WARRANTS AMOUNTS
G091124 114,767.05
G090924 7,080.76
R091124 1,234.65
R091024 6,805.24
H091124 4,124.65
G091824 233,492.75
G091624 70,990.63
G091724 382,377.47
A091624 9,200.94
A091124 12,712.02 Verified By:

Grand Total 842,786.16 Finance Director WARRANT VENDOR NAME VENDOR No. INVOICE No. CHECK No. DESCRIPTION AMOUNTS 1 A091124 NAVIA BENEFIT SOLUTIONS 5664 090324 5513 MEDICAL CHECK RUN 090324 10,522.95 2 A091124 NAVIA BENEFIT SOLUTIONS 5664 10876788 5513 JUL 24: MONTLY MIN FEE 200.00 3 A091124 NAVIA BENEFIT SOLUTIONS 5664 FSA 083024 5513 HEALTH CARE FSA 083024 1,000.00 4 A091124 NAVIA BENEFIT SOLUTIONS 5664 HRA 083024 5513 HEALTH CARE HRA 083024 779.14 5 A091124 NAVIA BENEFIT SOLUTIONS 5664 HRA 090624 5513 HEALTH CARE HRA 090624 9.93 6 A091124 NAVIA BENEFIT SOLUTIONS 5664 10884407 5513 AUG 24: MONTHLY MIN FEE 200.00 7 A091124 Total 12,712.02
8 A091624 NAVIA BENEFIT SOLUTIONS 5664 A1035897 5515 SEPT 24: HRA/MERP ADMIN & BROKER FEES 2,050.00 9 A091624 NAVIA BENEFIT SOLUTIONS 5664 FSA 091324 5515 HEALTH CARE FSAA 091324 112.98 10 A091624 NAVIA BENEFIT SOLUTIONS 5664 HRA 091324 5515 HEALTH CARE HRA 091324 60.00 11 A091624 NAVIA BENEFIT SOLUTIONS 5664 091024 5515 MEDICAL CHECK RUN 091024 6,977.96 12 A091624 Total 9,200.94
13 G090924 A & D INTERPRETING 3027 166 28604 TRANSLATION SRVCS WPD CEREMONY 300.00 14 G090924 FINISHLINE SIGNS 5938 14446 28605 DECALS FOR 5 PD VEHICLES 3,997.50 15 G090924 UNITED RENTALS (NORTH AMERICA) INC 452 215797485-004 28606 RENTAL: BOOM 30-36' 1,808.26 16 G090924 WILEY D. HUGHES SURVEYING, INC. 2638 3017 28607 WATER EASEMENT FOR WENDY'S PARCEL MAP 12490 975.00 17 G090924 Total 7,080.76
18 G091124 A & D INTERPRETING 3027 179 28608 TRANSLATION SRVCS 8.6.24 & 8.20.24 CCM 600.00 19 G091124 AC POETTEGEN & SON 5874 0000296669 28609 RFS VEH #17: SLIP HOOK CLEVIS, SNAPPER PIN, SCREW 32.26 20 G091124 AC POETTEGEN & SON 5874 0000296757 28609 STREET VEH #85: PRESSURE HOSE 164.18 21 G091124 ACC BUSINESS 4766 242278213 28610 FIBER NETWORK SERVICES 816.91 22 G091124 ADVANTAGE ANSWERING PLUS 2564 000033-725-901 28611 SEPT 24: ANSWERING SERVICE 807.53 23 G091124 AMAZON CAPITAL SERVICES, INC 4968 13WW-GJRQ-6676 28612 TONER CARTRIDGE FOR PLANNING 229.30 As of: September 24th, 2024
Bill Pay
1 of 5
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WARRANT VENDOR NAME VENDOR No. INVOICE No. CHECK No. DESCRIPTION AMOUNTS 24 G091124 AMAZON CAPITAL SERVICES, INC 4968 13XX-K97M-MFMC 28612 OFFICE SUPPLIES FOR PLANNING 38.58 25 G091124 AMAZON CAPITAL SERVICES, INC 4968 19CD-Q6L3-PFD Y 28612 PHONE CLIP FOR PD 13.77 26 G091124 AMAZON CAPITAL SERVICES, INC 4968 1C7R-J6X6-131M 28612 GRINDING & SANDING DISCS, EASY STRIP DISCS 103.66 27 G091124 AMAZON CAPITAL SERVICES, INC 4968 1YV7-Y1X4-14FK 28612 SAFETY VESTS FOR STREET DEPT STAFF 70.32 28 G091124 AMERICAN REFUSE INC 183 321004 28613 SEPT 2024: 801 8TH ST 3YD BIN RECYCLE 119.66 29 G091124 AMERICAN REFUSE INC 183 318949-2 28613 AUG 24: RECYCLE CARTS RESIDENTIAL 200.00 30 G091124 ASPECT ENGINEERING 5829 12083 28614 8/14/24: T & M SUPPORT 960.00 31 G091124 BANK UP CORPORATION 4259 6350 28615 AUG 24: LOCKBOX PROCESSING 706.17 32 G091124 BSK & ASSOCIATES, INC. 1052 AH20398 28616 WW SAMPLE TEST: 8/6/24 BOD, EC, TDS, TSS, NITORGEN 305.33 33 G091124 BSK & ASSOCIATES, INC. 1052 AH20456 28616 WW SAMPLE TEST: 8/8/24 BOD & TSS 140.00 34 G091124 BSK & ASSOCIATES, INC. 1052 AH20920 28616 WW SAMPLE TEST: 8/13/24 BOD & TSS 140.00 35 G091124 BSK & ASSOCIATES, INC. 1052 AH21265 28616 WW SAMPLE TEST: 8/15/24 BOD & TSS 140.00 36 G091124 BSK & ASSOCIATES, INC. 1052 AH21859 28616 WW SAMPLE TEST: 8/20/24 BOD, EC, TDS 305.33 37 G091124 CALLTOWER, INC 5098 202112440 28617 PHONE SERVICES 45.75 38 G091124 CAPITAL INDUSTRIAL MEDICAL SUPPLY CO 238 34-202688 28618 AC - FIRST AID KIT RESTOCK - 08/26/24 111.38 39 G091124 CAPITAL INDUSTRIAL MEDICAL SUPPLY CO 238 34-202689 28618 8/26/24 - 5410 7TH ST: FIRST AID KIT RESTOCK 148.15 40 G091124 CITY OF WASCO-UB PAYMENTS 1875 820162 28619 UB 810 8TH ST (LF) 134.38 41 G091124 CITY OF WASCO-UB PAYMENTS 1875 820164 28620 UB 801 8TH ST 86.98 42 G091124 CITY OF WASCO-UB PAYMENTS 1875 820216 28619 UB 1445 12TH STREET (PAL) 100.58 43 G091124 CITY OF WASCO-UB PAYMENTS 1875 820622 28620 UB 800 BLK CENTRAL 86.98 44 G091124 CITY OF WASCO-UB PAYMENTS 1875 820625 28619 UB 1100 CENTRAL AVE LLMD 109.98 45 G091124 CITY OF WASCO-UB PAYMENTS 1875 820627 28619 UB 1500 BLK OF CENTRAL 440.72 46 G091124 CITY OF WASCO-UB PAYMENTS 1875 820784 28619 UB 1600 BLK OF DAISY 98.79 47 G091124 CITY OF WASCO-UB PAYMENTS 1875 820810 28619 UB 603 E STREET VFW BUILDING 97.78 48 G091124 CITY OF WASCO-UB PAYMENTS 1875 820813 28619 UB 764 E STREET (ANNEX) 100.58 49 G091124 CITY OF WASCO-UB PAYMENTS 1875 820886 28619 UB 847 F STREET (PW SHOP) 279.72 50 G091124 CITY OF WASCO-UB PAYMENTS 1875 820928 28619 UB 1300 BLK FILBURN 504.62 51 G091124 CITY OF WASCO-UB PAYMENTS 1875 821371 28619 UB NW MAPLE/MARGALO LLMD 2006- 86.98 52 G091124 CITY OF WASCO-UB PAYMENTS 1875 821372 28619 UB MAPLE/GROMER LLMD 2006-1 91.22 53 G091124 CITY OF WASCO-UB PAYMENTS 1875 821424 28619 UB 2700 BLK MONDAVI CT 86.98 54 G091124 CITY OF WASCO-UB PAYMENTS 1875 821502 28620 UB 1500 BLOCK OF PALM 86.98 55 G091124 CITY OF WASCO-UB PAYMENTS 1875 821515 28620 UB 2100 BLK PALM 86.98 56 G091124 CITY OF WASCO-UB PAYMENTS 1875 821517 28620 UB 400 N BLOCK OF PALM LLMD 2006-1 86.98 57 G091124 CITY OF WASCO-UB PAYMENTS 1875 821519 28619 UB 1700 BLK OF PALM #A 218.42 58 G091124 CITY OF WASCO-UB PAYMENTS 1875 821548 28619 UB 1200 BLK PECAN ST 218.00 59 G091124 CITY OF WASCO-UB PAYMENTS 1875 821552 28619 UB PENELOPE LLMD 2006-1 88.32 60 G091124 CITY OF WASCO-UB PAYMENTS 1875 821636 28619 UB 1700 BLK POPLAR 90.16 61 G091124 CITY OF WASCO-UB PAYMENTS 1875 821637 28620 UB 1700 BLK POPLAR #A 86.98 62 G091124 CITY OF WASCO-UB PAYMENTS 1875 821699 28620 UB 2500 BLK OF POSO DR. LLMD6- 86.98 63 G091124 CITY OF WASCO-UB PAYMENTS 1875 821703 28619 UB 2700 BLK OF POSO AVE LLMD06 137.92 64 G091124 CITY OF WASCO-UB PAYMENTS 1875 821735 28619 UB PALM N. PROSPERITY 2006-1 302.37 65 G091124 CITY OF WASCO-UB PAYMENTS 1875 821891 28619 UB 1700 BLK OF MARGALO 198.07 66 G091124 CITY OF WASCO-UB PAYMENTS 1875 822131 28619 UB 1300 BLK OF WILLOW 171.78 67 G091124 CITY OF WASCO-UB PAYMENTS 1875 825352 28620 UB 810 8TH ST (LF) 22.83 68 G091124 CITY OF WASCO-UB PAYMENTS 1875 825383 28620 UB 603 E STREET VFW BUILDING (LF) 15.32 2 of 5
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WARRANT VENDOR NAME VENDOR No. INVOICE No. CHECK No. DESCRIPTION AMOUNTS 69 G091124 CITY OF WASCO-UB PAYMENTS 1875 825389 28620 UB 764 E STREET (ANNEX) (LF) 83.81 70 G091124 CLARK PEST CONTROL 117 35809117 28621 AUG 2024: 746 8TH ST & 1445 12TH ST PEST CONTROL S 247.00 71 G091124 CLARK PEST CONTROL 117 35811645 28621 AUG 2024: 1400 J ST PEST CONTROL SERV 231.00 72 G091124 CLEAN STRIDE LLC 5289 13119 28622 AUG 2024: JANITORIAL SERVICES 5,141.85 73 G091124 CORE & MAIN LP 4704 V445609 28623 4 TRAFFIC RATED STORM DRAIN GRATES 1,840.25 74 G091124 CORE & MAIN LP 4704 V493417 28623 100 QT: TUBE BLK 250 PSI 124.49 75 G091124 CORE & MAIN LP 4704 V500719 28623 25006: GATE VALVES & FITTINGS 11,802.50 76 G091124 CORE & MAIN LP 4704 V468580 28623 25006: GATE VALVES & FITTINGS 1,753.65 77 G091124 COUNTRY AUTO & TRUCK, INC. 3008 748342 28624 WATER VEH #51: 18 MO WTY BATTERY 197.92 78 G091124 COUNTRY AUTO & TRUCK, INC. 3008 748201 28624 RFS VEH #23: VALVE DRAIN & FUEL LINE HOSE 147.45 79 G091124 COUNTRY AUTO & TRUCK, INC. 3008 748258 28624 RFS VEH #25: MIRROR 132.05 80 G091124 COUNTRY AUTO & TRUCK, INC. 3008 748339 28624 STREET VEH #108: SPIN ON FLUID FILTER & SEAL FILTE 37.03 81 G091124 COUNTRY AUTO & TRUCK, INC. 3008 748340 28624 STREET VEH #108: AT VEHICLE 10W40 21.08 82 G091124 DANIEL MORGAN 6084 1027 28625 SEPT 24: REMOTE MONTHLY SOFTWARE 250.00 83 G091124 FED EX 123 8-606-35547 28626 EXPRESS SERVICES 082924 24.41 84 G091124 FED EX 123 8-613-10184 28626 EXPRESS SERVICES 090524 24.46 85 G091124 FERGUSON ENTERPRISES INC 1008 0010384 28627 25005: 5TH & BARKER WTR MAIN RELOCATION 25,367.19 86 G091124 GARDAWORLD 4266 20615119 28628 AUG 24: EXCESSIVE SERVICES 173.25 87 G091124 GONZALEZ, SERGIO JR. 4248 090324 28629 LIVESCAN REIMBURSEMENT 67.00 88 G091124 GOTO TECHNOLOGIES USA, LLC 6172 IN7103184139 28630 PHONE SERVICES FOR PD 1,045.64 89 G091124 HINDERLITER DELLAMAS & ASSOCIATES 1184 SIN042564 28631 20162:Q1 CONTRACT SRVCS TRANSACTION TAX 300.00 90 G091124 HOLLOWAY ENVIRONMENTAL SOLUTIONS, L 2651 INV-HES-3025 28632 AUG 2024: BIOSOLIDS LOADS 654.54 91 G091124 INFO SEND, INC. 4244 270467 28633 STMTS DATA PRCSSNG/PRINT/MAIL 4,986.20 92 G091124 INTERWEST CONSULTING GROUP, INC. 1571 727551 28634 REV #3 FOR WALMART FUEL STATION 540.00 93 G091124 JEFFRIES BROS., INC 140 155814 28635 PROPANE 35.92 94 G091124 JEFFRIES BROS., INC 140 155845 28635 WW: PROPANE 59.11 95 G091124 JIM BURKE FORD LINCOLN 134 1586867 28636 DAR VEH #63: 10 INJECTORS 601.55 96 G091124 JOHN KULAR CONSULTING 3734 1503 28637 24008: STORMWATER MASTER PLAN JULY 2024 5,808.75 97 G091124 JOHN KULAR CONSULTING 3734 1513 28637 24008: STORMWATER MASTER PLAN AUG 2024 11,217.00 98 G091124 KNIGHT'S SITE SERVICES, INC 1075 0000209483 28638 8/20/24-9/16/24: GW SITE PORTABLE TOILET SERV 76.46 99 G091124 MAIRA PUENTE 6003 090324 28639 092523 UNFM STIP B252.78 299.63 100 G091124 NEW HORIZON COMMUNICATION CORP 6015 2781646 28640 COMMUNICATION SRVCS DISPATCH 1,058.50 101 G091124 O'REILLY AUTO ENTERPRISES, LLC 4230 4936-211289 28641 RFS VEH #96: STOPLIGHT 48.70 102 G091124 O'REILLY AUTO ENTERPRISES, LLC 4230 4936-209545 28641 STREET VEH #85: AIRBOX GROMM, BATTERY, TANK REPAIR 193.88 103 G091124 O'REILLY AUTO ENTERPRISES, LLC 4230 4936-209719 28641 WW VEH #46: FUNNEL TRIO & TRANSFLD 19.46 104 G091124 O'REILLY AUTO ENTERPRISES, LLC 4230 4936-211288 28641 MGMT VEH #M3: WASHER PUMP 44.48 105 G091124 PACE ANALYTICAL SERVICES, INC 5694 2427B502497 28642 WW SAMPLE TEST: 8/13/24 WELL #7,10,11 CLIP 165.00 106 G091124 PACE ANALYTICAL SERVICES, INC 5694 2427B502498 28642 WTR SAMPLE TEST: 8/13/24 WELL #7,10,11 CLIP LOW LE 350.00 107 G091124 PACE ANALYTICAL SERVICES, INC 5694 2427B502891 28642 WTR SAMPLE TEST: 8/20/24 DWPDIST12 84.00 108 G091124 PETERSON AUTO SUPPL Y 152 7417-277611 28643 STREET VEH #85: HANDLE, QUICK COUPLER, SOAP 148.45 109 G091124 PETERSON AUTO SUPPL Y 152 7417-277815 28643 MATERIAL #GENERAL: SPARK PLUGS & BLACK TIES 40.51 110 G091124 PG & E COMPAN Y 85 0751114029-0 082824 28644 UB COW VEHICLE PARKING 1400 J ST 309.83 111 G091124 PG & E COMPAN Y 85 1495264257-8 082824 28644 TRANSIT CHARGER WELL #14 50.29 112 G091124 PG & E COMPAN Y 85 7955235222-5 082824 28644 UB 709 POSO AVE UNDERPASS 149.57 113 G091124 PG & E COMPAN Y 85 9285039198-5 082824 28644 UB 640 G ST AMTRAK WALKWAY 297.40 114 G091124 PG & E COMPAN Y 85 3593196785-1 090424 28644 UB NW NE GEN-ANNEX BUILDING 390.22 3 of 5
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WARRANT VENDOR NAME VENDOR No. INVOICE No. CHECK No. DESCRIPTION AMOUNTS 115 G091124 PG & E COMPAN Y 85 4460001408-6 090624 28644 UB CENTRAL AVE & HWY 46 136.08 116 G091124 PG & E COMPAN Y 85 5415504019-6 090524 28644 UB CENTRAL AVE & HWY 46 16.09 117 G091124 PG & E COMPAN Y 85 8043623467-0 090524 28644 UB SE CORNER POPLAR & MARGALO 49.29 118 G091124 PG & E COMPAN Y 85 0008329408-2 28645 20214-2: ENGINEERING ADVANCE FOR HWY 3,000.00 119 G091124 QUADIENT FINANCE USA,INC 1844 5408 AUG 24 28646 AUG 24: POSTAGE 1,055.52 120 G091124 READYREFRESH BY NESTLE 4027 14H0033487406 28647 7/23/24-8/22/24: 5409 7TH ST WTR SERV 33.62 121 G091124 READYREFRESH BY NESTLE 4027 24H0018613430 28647 7/16/24-8/14/24: 5410 7TH ST DRINKING WTR SERV 209.53 122 G091124 SCHROETER, THOMAS F. 2732 AUG 2024 28648 AUG 24: LEGAL SERVICES 10,510.00 123 G091124 SOUTHERN CALIFORNIA GAS COMPAN Y 1438 164-935-96817 090924 28650 AUG 24: CNG FUEL 1,692.55 124 G091124 THE BAKERSFIELD CALIFORNIAN 206 89224ad374004 28652 23021-1: CENTRAL AVE REHAB PROJECT AD 8/25/24 1,388.53 125 G091124 THE SHAFTER PRESS/ WASCO TRIBUNE 4787 3503 28649 AD: JOB RECRUITMENT TRANSIT COORDINATOR 84.00 126 G091124 THE SHAFTER PRESS/ WASCO TRIBUNE 4787 3489 28649 AD: CANDIDATES NOTICE 152.25 127 G091124 THE SHAFTER PRESS/ WASCO TRIBUNE 4787 3488 28649 AD: DISTRICT 5 VACANCY 238.00 128 G091124 THE SHAFTER PRESS/ WASCO TRIBUNE 4787 3500 28649 23021-1: CENTRAL AVE REHAB PROJECT AD 8/22/24 603.93 129 G091124 T-MOBILE 4899 964042089 082224 28651 CELL PHONE SRVCS 956.52 130 G091124 USA BLUEBOOK 498 INV00451549 28653 MATERIALS FOR WWTP 376.01 131 G091124 VERIZON WIRELESS SERVICE LLC 4237 9972378723 28654 CELL PHONES FOR PD 2,085.52 132 G091124 VERIZON WIRELESS SERVICE LLC 4237 9972378722 28654 CELL PHONES & IPADS 1,281.72 133 G091124 WILEY D. HUGHES SURVEYING, INC. 2638 3060 28655 22013-2: FILBURN & CENTRAL PARK LEGAL DESC. 685.00 134 G091124 WILLBANKS ENVIRONMENTAL CONSULTING , 4147 24535 28656 7/31/24: QUARTERLY GW REPORTS 2,185.00 135 G091124 WILLIAMS CLEANING SYSTEMS LLC 4738 614848 28657 STREET VEH #85: BELT & FUEL TANK 983.75 136 G091124 Total 114,767.05
137 G091624 AMAZON CAPITAL SERVICES, INC 4968 1NWH-4JFQ-FFRJ 28666 FANS, SCANNER, MEMO BOARDS 519.88 138 G091624 AMAZON CAPITAL SERVICES, INC 4968 1RH9-T4NM-CVQV 28666 DOCUMENT FEEDER & SCANNER FOR PD 378.86 139 G091624 AMAZON CAPITAL SERVICES, INC 4968 1JCT-49Q7-9DYM 28666 PLUG REPLACEMENT AND MULTICODE TRANSMITTER 133.04 140 G091624 AMAZON CAPITAL SERVICES, INC 4968 1NDJ-PKWR-DR7C 28666 DOUBLE CHECK BACKFLOW PREVENTER 1,108.24 141 G091624 INTERWEST CONSULTING GROUP, INC. 1571 538427 28667 JULY 24: PROFESSIONAL SRVCE MULTIPLE LOCATIONS 14,003.89 142 G091624 JEFFRIES BROS., INC 140 156041CT 28668 AUG 24: FUEL SERVICES 26,595.94 143 G091624 PG & E COMPAN Y 85 2867383297-9 082824 28669 AUG 24: WELL #14 26,801.05 144 G091624 RAYMOND'S TROPHY & AWARDS, INC. 2095 98120 28670 AWARD FOR FORMER PLAN COMMISSIONER 112.16 145 G091624 TAG/AMS, INC 298 100 28672 PRE-EMPLOYMENT URINE TEST 190.00 146 G091624 THE SHAFTER PRESS/ WASCO TRIBUNE 4787 3509 28671 PUBLIC NOTICE FOR CITY COUNCIL ORDINANCE 116.73 147 G091624 THE SHAFTER PRESS/ WASCO TRIBUNE 4787 3510 28671 PUBLIC NOTICE FOR CITY COUNCIL ORDINANCE 121.80 148 G091624 TPX COMMUNICATIONS 6123 181300181-0 28673 SEPT 24: MICROSOFT SUBSCRIPTIONS FOR PD 909.04 149 G091624 Total 70,990.63
150 G091724 CEN-CAL CONSTRUCTION 3848 23106-10 28665 22012-4 & 22012-2: DOWNTOWN REVITALIZATION MAY 24' 382,377.47 151 G091724 Total 382,377.47
152 G091824 AFFINITY TRUCK CENTER 405 F013296146.01 28674 RFS VEH #16: ACUATOR ELECTRONIC 581.63 153 G091824 AFLAC 108 360113 28675 SEPT 24: INSURANCE PREMIUM 582.50 154 G091824 AMAZON CAPITAL SERVICES, INC 4968 1H6L-HFRM-3THT 28676 STORGE RACK FOR WWTP 296.61 155 G091824 AMERICAN REFUSE INC 183 321012 28677 SEPT 24: RECYCLE CARTS RESIDENTIAL 42,564.27 156 G091824 BSK & ASSOCIATES, INC. 1052 AH21940 28678 WW SAMPLE TEST: 8/22/24 BOD & TSS 140.00 157 G091824 CEN-CAL CONSTRUCTION 3848 23106-14 28679 22012-2: DOWNTOWN JULY INVOICE 64,636.05 158 G091824 CEN-CAL CONSTRUCTION 3848 23106-15 28679 22012-2: JULY CHANGE ORDERS 6,015.87 159 G091824 CHARTER COMMUNICATIONS 68 167751301090724 28680 SEPT 24:INTERNET SRVCS ANNEX 134.68 160 G091824 CHARTER COMMUNICATIONS 68 168679001090724 28680 SEPT 24:INTERNET SRVCS PD STATION 204.97 4 of 5
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WARRANT VENDOR NAME VENDOR No. INVOICE No. CHECK No. DESCRIPTION AMOUNTS 161 G091824 CITY OF TEHACHAPI 26 091724 28681 KC CITY MANAGERS CONFERENCE 490.52 162 G091824 CLARK PEST CONTROL 117 36004626 28682 SEPT 2024: 5410 7TH ST PEST CONTROL SERV 62.00 163 G091824 CORE & MAIN LP 4704 V582553 28683 BOLT COUPLER TO FLANGE ADAPTER 3,821.23 164 G091824 CORE & MAIN LP 4704 V559926 28683 25006: GATE VALVES & FITTINGS 8,768.25 165 G091824 COUNTRY AUTO & TRUCK, INC. 3008 748330 28684 RFS #GENERAL: OIL & AIR FILTERS & FUEL 1,119.65 166 G091824 COUNTRY AUTO & TRUCK, INC. 3008 748369 28684 SHOP SERVICE TRUCK AIR COMPRESSOR 3,146.84 167 G091824 ENTENMANN ROVIN CO 5860 0183255-IN 28685 TT DOME BADGES 290.01 168 G091824 FED EX 123 8-619-54791 28686 EXPRESS SERVICES 090924 24.52 169 G091824 GENERAL OFFICE MACHINE COMPAN Y 1195 23642 28687 AUG 24:COPIER METER READING 1,571.65 170 G091824 GRANICUS LLC 5919 190121 28688 COUNCIL STREAMING SRVCS 09/01/24-08/31/25 19,715.18 171 G091824 HAAKER EQUIPMENT COMPAN Y 4114 C5A21V 28689 RFS VEH #17: BROOM MOTOR 962.10 172 G091824 KERN COUNTY SUP. OF SCHOOLS 25 090524 28690 AUG 24: SCHOOL FEES 13,470.61 173 G091824 KERN TURF SUPPLY INC. 188 SI2392283 28691 MICROPOWER DC SOLENOID & RAINBIRD ADAPTERS 33.91 174 G091824 KERN TURF SUPPLY INC. 188 SI2392289 28691 MICROPOWER DC SOLENOID & RAINBIRD ADAPTERS 602.74 175 G091824 KOMLINE-SANDERSON 1344 42061088 28692 REPLACEMENT PARTS FOR PRIMARY SLUDGE PUMP 2,351.89 176 G091824 O'REILLY AUTO ENTERPRISES, LLC 4230 4936-211764 28693 POLICE VEH #P012: A/C KITS 47.25 177 G091824 PACE ANALYTICAL SERVICES, INC 5694 2427B503270 28694 WTR SAMPLE TEST: 8/27/24 BACTERIOLOGICAL 98.00 178 G091824 PACE ANALYTICAL SERVICES, INC 5694 2427B503609 28694 WTR SAMPLE TEST: 9/3/24 BACTERIOLOGICAL 84.00 179 G091824 PACE ANALYTICAL SERVICES, INC 5694 2427B503785 28694 WTR SAMPLE TEST: 9/5/24 WELL #7,8,10,11,12 CLIP 1,770.00 180 G091824 PG & E COMPAN Y 85 0257904856-8 091024 28695 UB 2692 GRAPEVINE LN 15.10 181 G091824 PG & E COMPAN Y 85 8702724701-1 090924 28695 UB AGRICULTURE 788.17 182 G091824 PG & E COMPAN Y 85 2053318492-3 091124 28695 UB N/S POSP W/O PALM 3,475.96 183 G091824 PG & E COMPAN Y 85 2114713176-3 091324 28695 UB STREET LIGHT TRACT 7311-4 FILBURN 31.55 184 G091824 PG & E COMPAN Y 85 2991524925-3 091224 28695 UB 810 ST COURTHOUSE 1,001.45 185 G091824 PG & E COMPAN Y 85 3433412189-3 091224 28695 UB N/O FILBURN ON BECKES 9.86 186 G091824 PG & E COMPAN Y 85 7383005943-9 091324 28695 UB 1ST STREET LIGHT 157.74 187 G091824 PG & E COMPAN Y 85 8365871756-2 091324 28695 UB ANNEX PARKING LIGHT 14.25 188 G091824 PG & E COMPAN Y 85 5816195239-3 091024 28695 AUG 24: WELL #12 MCCOMBS & GRIFFITH SE 46,564.09 189 G091824 SPAY NEUTER IMPERATIVE PROJECT CALIF O 5032 3015 28696 23029: 9/9/24 & 9/16/24 GRANT 3YR FREE SPAY/NEUTE 7,500.00 190 G091824 TAG/AMS, INC 298 520 28697 POST ACCIDENT/ PREEMP TEST 215.00 191 G091824 THE GAS COMPAN Y 246 08331820137 091124 28698 AUG 24: COURTHOUSE 757 FSt/801 F ST 19.48 192 G091824 THE GAS COMPAN Y 246 08121820008 091124 28698 AUG 24: POLICE STATION 748 F ST 6.25 193 G091824 THE GAS COMPAN Y 246 08961820373 091124 28698 AUG 24: CITY YARD F STREET 14.79 194 G091824 XOCHITL NIETO 6153 091624 28699 061024 UNFM STIP B360.88 92.13 195 G091824 Total 233,492.75
196 H091124 JEFFRIES BROS., INC 140 155286 28658 23003: 1300 QT RNWBL DYEDSL 99 4,124.65 197 H091124 Total 4,124.65
198 R091024 GEMINI GROUP LLC 3880 124-15468 28664 2023 CCR: CONSUMER CONFIDENCE REPORT 6,805.24 199 R091024 Total 6,805.24
200 R091124 ARTURO MALANCHE 6194 5537-0416015500 28659 OVRPYMT - 1550 WILLOW PL 1.44 201 R091124 BERNICE MURRA Y 6193 1756-0215016111 28660 OVRPYMT - 1611 G STREET 16.29 202 R091124 BMV INC 6204 18926 28661 DEPRF - CONSTRUCTION METER 1,136.23 203 R091124 FAMILY LODGING INVESTMENT PROPERTIE S 6195 14180-0395023020 28662 OVRPYMT - 2302 SUNSET ST 80.15 204 R091124 LUCRECIA GALLEGOS GARCIA 6203 18662-0134022170 28663 RFND-DPST 2217 BUENA VENTURA ST. WASCO, CA. 93280 0.54 205 R091124 Total 1,234.65
206 Grand Total 842,786.16
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City of Wasco City Council Meeting Minutes, September 3, 2024

MINUTES

WASCO CITY COUNCIL
and Successor Agency to the
Former Redevelopment Agency
Tuesday, September 3, 2024
Regular Meeting – 6:00 p.m.

City Council Chambers
746 8th Street, Wasco, CA 93280
REGULAR MEETING – 6:00 pm

1) CALL TO ORDER:

Mayor Medina called the meeting to order at 6:00 p.m.

2) ROLL CALL: Mayor Medina, Mayor Pro Tem Saldaña, Council Members: Martinez, Reyna PRESENT: Mayor Medina, Mayor Pro Tem Saldaña, Council Members: Martinez, Reyna

STAFF PRESENT: City Manager Hurlbert, City Attorney Schroeter, Assistant City Manager Lara, City Clerk Martinez, Deputy City Clerk Flores, Public Works Director Villa, Finance Director Perez-Hernandez, Community Developmen t Director Cobb, Police Lieutenant Mora, Kern Fire Chief Appleton

3) FLAG SALUTE: by Mayor Medina

4) INVOCATION: by Mike Lynch, Wasco Police Department Chaplain

5) PRESENTATIONS: None

12) NEW BUSINESS
a. Nomination, selection, and Adoption of a Resolution appointing a person to fill the District 5 unexpired term vacancy with the term expiring when November 5, 2024, General Municipal Election results are Certified, and following appointment, the City Clerk will administer an Oath of Office to the newly appointed candidate and Find that this action is not a project as defined under the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15378, no environmental review is required.

Reso#2024-4119

Oral presentation by City Manager Hurlbert.

There were no public comments.

Motion was made by Council Member Martinez, seconded by Council Member Reyna, to appoint Miguel A. Raya to fill the District 5 unexpired term by the following roll call vote:

AYES: MEDINA, SALDAÑA, MARTINEZ, REYNA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
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City of Wasco City Council Meeting Minutes, September 3, 2024

City Clerk Martinez administered the oath of office to newly appointed Council member Miguel A. Raya for District 5 unexpired term vacancy, with the term expiring when the November 5, 2024, General Municipal Election results are certified.

Mayor Medina called for a 5-minute recess at 6:08 p.m.

Mayor Medina called the meeting to order at 6:13 p.m.

6) PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA:
• Michael Dunn
• Fabiola Martinez

Deputy City Clerk Flores mentioned there were no email comments for this item or any other agenda items.

7) SUCCESSOR AGENCY BUSINESS: None

8) WASCO PUBLIC FINANCE AUTHORITY BUSINESS: None

9) NEW EMPLOYEE POLICE DEPARTMENT BADGE PINNING CEREMONY FOR: None

10) PUBLIC SAFETY REPORTS
a. Kern County Fire Department (Appleton)
Chief Appleton gave a recent fire report.
b. Wasco Police Department (Fivecoat)
PowerPoint presentation by Police Lieutenant Mora.

CITY COUNCIL BUSINESS:
11) CONSENT CALENDAR:

b. Approval of Minutes for:

1. May 21, 2024, Regular Meeting

2. July 16, 2024, Regular Meeting

3. August 14, 2024, Special Meeting

4. August 20, 2024, Regular Meeting

c. Approval of the acceptance of the Central Avenue Neighborhood Park Project and Authoriz e the City Clerk to file the Notice of Completion , and Find that this action is not a project as defined under the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15378, no environmental review is required.

Rec#2024-011

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City of Wasco City Council Meeting Minutes, September 3, 2024 d. Adopt a Resolution Authorizing the City Manager or Designee to Finalize and Execute a Professional Service Agreement with Time Clock Plus subject to the City Manager and City Attorney review, and Find that this action is not a project as defined under the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15378, no environmental review is required.

ITEM PULLED FOR FURTHER DISCUSSION

e. Adopt a Resolution Authorizing the City Manager or Designee to Finalize and Enter into an Agreement with Cen -Cal Construction for the Southgate Lighting and Pedestrian Improvement Project in the amount of $600,600.00 and allowing the City Manager or Designee to execute Contract Change Orders in an amount not to exceed an aggregate of $30,000.00 , and Find that this action is not a project as defined under the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15378, no environmental review is required.

Reso#2024-4121
Agmt#2024-021

f. Adopt a Resolution Authorizing the City Manager or Designee to Submit a Funding Application and the Execution of a Grant Agreement and any Amendments Thereto for the San Joaquin Valley Air Pollution Control District’s Clean Air Centers Pilot Program , and Find that this action is not a project as defined under the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15378, no environmental review is required.

Reso#2024-4122

g. Adopt a Resolution Authorizing the City Manager or Designee to Execute an Indemnity Agreement and any Amendments and Budget Appropriations Thereto for the FY23 State Homeland Security Grant Program through Kern County for the Wasco Police Department Communications Equipment Project , and Find that this action is not a project as defined under the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15378, no environmental review is required.

Reso#2024-4123
Agmt#2024-022

No Conflict of Interest on the consent calendar for any of the Council members.

Council Member Reyna requested to pull item 11.d. for further discussion.

Motion was made by Council Member Martinez , seconded by Council Member Reyna, to approve the consent calendar with separate consideration on item 11d by the following roll call vote:

AYES: MEDINA, SALDAÑA, MARTINEZ, RAYA, REYNA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE

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City of Wasco City Council Meeting Minutes, September 3, 2024

d. Adopt a Resolution Authorizing the City Manager or Designee to Finalize and Execute a Professional Service Agreement with Time Clock Plus subject to the City Manager and City Attorney review, and Find that this action is not a project as defined under the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15378, no environmental review is required.

Reso#2024-4120
Agmt#2024-020

Council Member Reyna requested clarification on whether the city is entering into a contract and if expenditures are being made. City Manager Hurlbert responded that the city is entering into a contract, and the staff report should read that no budget action is necessary with the approval of the fiscal impact of $47,000.00

Motion was made by Council Member Reyna, seconded by Mayor Medina, to approve the consent calendar with separate consideration on item 11d by the following roll call vote:

AYES: MEDINA, SALDAÑA, MARTINEZ, RAYA, REYNA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE

12) NEW BUSINESS:
a. Nomination, selection, and Adoption of a Resolution appointing a person to fill the District 5 unexpired term vacancy with the term expiring when the November 5, 2024 General Municipal Elections Results are Certified, and following appointment, the City Clerk will administer an Oath of Office to the newly appointed candidate, and Find that this action is not a project as defined under the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15378, no environmental review is required.

ITEM MOVED AFTER ITEM 5

b. Discussion and Possible Minute Action to Appoint One Voting Delegate and Two Alternates for the League of California Cities 2024 Annual Conference and Expo held on October 16-18, 2024, in Long Beach, California, and Find that this action is not a project as defined under the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15378, no environmental review is required.

Oral presentation by City Manager Hurlbert.

There were no public comments.

Motion by Mayor Medina, Seconded by Mayor Pro Tem Saldaña , to appoint Council Member Reyna as the League of California Cities voting delegate, Mayor 14 OF 155
City of Wasco City Council Meeting Minutes, September 3, 2024 Medina as the first alternate, and Mayor Pro Tem Saldaña as the second alternate by the following roll call vote:

AYES: MEDINA, SALDAÑA, MARTINEZ, RAYA, REYNA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
c. Approval of Employment Agreement with Kameron Arnold as the City Engineer and Find that this action is not a project as defined under the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15378, no environmental review is required.

Reso#2024-4124
Agmt#2024-023

Oral presentation by City Manager Hurlbert.

There were no public comments.

Motion by Council Member Reyna, Seconded by Mayo r Medina , to adopt the resolution by the following roll call vote:

AYES: MEDINA, SALDAÑA, MARTINEZ, RAYA, REYNA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE

d. Appointment of One (1) Planning Commissioner to fill an unexpired seat on the Planning Commission Board, term expiring on December 31, 2024, and Recognition of the Former Planning Commissioner Petra Rueda and Find that this action is not a project as defined under the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15378, no environmental review is required.

Oral presentation by Council Member Martinez, Mayor Pro Tem Saldaña to nominate Cortney Coleman to serve on the Planning Commission.

Motion by Mayor/Mayor Pro Tem/Council Member Martinez, Seconded by Mayor/Mayor Pro Tem/Council Member Saldaña, to appoint Cortney Coleman to serve on the Planning Commission to fill the unexpired term.

AYES: MEDINA, SALDAÑA, MARTINEZ, RAYA, REYNA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
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City of Wasco City Council Meeting Minutes, September 3, 2024 Community Development Director Cobb recogni zed the former Planning Commissioner Petra Rueda for her years of service, and Mayor Medina presented Mrs. Rueda with a recognition award.

13) PUBLIC HEARINGS: None

14) DEFERRED BUSINESS: None

15) REPORTS FROM COMMISSIONS AND COMMITTEES:
a. Kern Economic Development Corporation (Medina)
b. Kern Council of Government (Reyna)
c. Wasco Task Force (Saldaña and Medina)

16) REPORTS FROM THE CITY MANAGER:

City Manager Hurlbert updated the city council on the following:
• SNIP events will be on September 9, 2024, and September 16, 2024, at 8:00 a.m. in front of the Public Works Department.
• The 7 th Street Veterans Banners went up in time for the Labor Day holiday weekend.
• The Wine and Roses event will be on Friday, September 6, 202 4, at 6:00 p.m. at the Wasco Elks Lodge.
• The Wasco Rose Festival will be held on September 7, 2024. • The bulky waste event will be on October 9, 2024.
• Save the Date: The 7th Street ribbon cutting will be on Friday, November 8, 2024.

More details to come.
• Community Breakfast will be held on September 4, 2024, at 7:00 a.m. at the Wasco State Prison.

17) REPORTS FROM THE CITY COUNCIL:

Council Member Reyna:
• Requested a follow-up with staff regarding the meeting that was to occur between the City Manager, the Director of Kern Cog, and the Board of Supervisor David Couch.
• Informed council and staff there is a vacant home on the street where he resides, and there are homeless people that broke into the home, and Wasco PD has removed them. He and his neighbors have secured the property. He spoke to the code enforcement officers to contact the property owners so they can keep that property secured.

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City of Wasco City Council Meeting Minutes, September 3, 2024

There were no public comments for the closed session items.

Mayor Medina adjourned into closed session at 6:57 p.m.

Mayor Medina adjourned out of closed session at 7:05 p.m.

18) CLOSED SESSION:
a. Approval of Closed Session Minutes for August 20, 2024.

b. CONFERENCE WITH LABOR NEGOTIATORS 54957.6
Agency designated representatives: City Manager, HR Manager, Employee Organization: SEIU Local 521

c. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION 54956.9 (d)(1) Name of Case: Amerivet Contracting, a California Corporation

19) CLOSED SESSION ACTION:

City Attorney Schroeter reported out.

a. Approval of Closed Session Minutes for August 20, 2024.

Motion by Council Member Martinez, seconded by Mayor Medina, to approve the closed session minutes.

AYES: MEDINA, SALDAÑA, MARTINEZ, RAYA, REYNA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
b. CONFERENCE WITH LABOR NEGOTIATORS 54957.6
Agency designated representatives: City Manager, HR Manager, Employee Organization: SEIU Local 521
No reportable action.

c. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION 54956.9 (d)(1) Name of Case: Amerivet Contracting, a California Corporation No reportable action.

20) ADJOURNMENT:

Mayor Medina adjourned the meeting at 7:07 p.m.

____________________________________
Monica Flores, Deputy City Clerk

______________________________________
Valentin Medina, Mayor

17 OF 155
.

TO: Honorable Mayor and Council Members

FROM: M. Scott Hurlbert, City Manager
Keri Cobb, Community Development Director

DATE: October 1 , 2024

SUBJECT: Approval for Travel Expenses Exceeding $500.00 for Code Compliance Officers to attend the 2024 California Association of Code Enforcement Officers Conference November 11, 2024, to November 14, 2024, in Long Beach, CA.

Recommendation:

Staff recommends the City Council:
1) Approval of the travel Expenses Exceeding $500.00 for Code Compliance Officers to attend the 202 4 California Association of Code Enforcement Officer Conference November 11, 2024 to November 14, 2024 in Long Beach, CA.

2) Find that this action is not a project as defined under the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15378, no environmental review is required.

Environmental Review:

The staff has reviewed the proposed activity for compliance with the California Environmental Quality Act(CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA guidelines because the proposed activity consists of a governmental fiscal/administrative activity which does not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required.

Discussion:

City Code Compliance officers have attended the California Association of Code Enforcement Officers annual conference for several years . The conference provides an excellent opportunity for officers to learn about new laws and changes to laws impacting Code Compliance as well as network with their colleagues from around the State.

Details about this year’s conference can be found here
https://www.caceo.us/page/Schedule

STAFF REPORT
City of Wasco

18 OF 155

The cost of the conference, hotel fees, and food per diems will exceed the Expense and Use of Public Resources Policy limits established by City of Wasco Resolution No. 20 24-, limiting expenses to $500.00 per trip. As a result, the City Council will need to approve the travel requested by the Community Development Director as the expenses for the cost of the trip will exceed $500.00.

Fiscal Impact:

It is estimated that the cost of travel and training for the course will not exceed $3,000 (total for two officers). The adopted FY 2024-2025 Operating Budget contains sufficient funding to cover this expense; no budget action is required.

Attachments:

1. Conference Information

19 OF 155
Print Page | Contact Us (/general/?type=CONTACT) | Sign In (/login.aspx) | Register (/general/register_start.asp) 
(//www.facebook.com/CaliforniaAssociationOfCodeEnforcementO cers)  (//www.linkedin.com/company/california-association-of-code- enforcement-o cers/)  (//www.instagram.com/codenforcement/) (//twitter.com/CACEO1) MENU
2024 Conference Schedule
Enter search criteria... 
(/)
9/24/24, 3:35 PM 2024 Conference Schedule - California Association of Code Enforcement Officers https://www.caceo.us/page/Schedule 1/5
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Monday, November 11th
12:00 p.m. - 4:00 p.m. Exhibitor Check In/Setup

4:00 p.m. - 6:00 p.m. Conference Check-In/Registration

6:00 p.m. - 8:00 p.m. Board Reception

Tuesday, November 12th
7:00 a.m. - 8:30 a.m. Breakfast [provided]

8:30 a.m. - 10:30 a.m. Opening Session & Keynote

10:30 a.m. - 11:00 a.m. Break

11:00 a.m. - 12:30 p.m.

Sessions (Concurrent Sessions - Choose One)
Tips & Strategies for Working with Hoarders, The Elderly & Those Struggling w/Mental Illness
Receivership Remedy: How to Handle Abandoned
Properties
Reading the Tells - Learning How to Read Body
Language
Utilizing a City Prosecutor for Effective Code
Enforcement

12:30 p.m. - 1:45 p.m. Lunch [provided]

1:45 p.m. - 3:15 p.m.

Sessions (Concurrent Sessions - Choose One)
Roaches & Rodents & Bedbugs... Oh My! - (Part 1)
Courage Over Confidence: Cultivating Executive
Presence - (Part 1)
9/24/24, 3:35 PM 2024 Conference Schedule - California Association of Code Enforcement Officers https://www.caceo.us/page/Schedule 2/5
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Historical Buildings - (Part 1)
Ultimate Code Enforcement Legal Remedies - (Part 1)

3:15 p.m. - 3:45 p.m. Break

3:45 p.m. - 5:15 p.m.

Sessions (Concurrent Sessions - Continued)
Roaches & Rodents & Bedbugs... Oh My! - (Part 2)
Courage Over Confidence: Cultivating Executive
Presence - (Part 2)
Historical Buildings - (Part 2)
Ultimate Code Enforcement Legal Remedies - (Part 2)

6:30 p.m. - 10:30 p.m. Awards Gala

Wednesday, November 13th
7:00 a.m. - 9:00 a.m. Breakfast [provided]

9:00 a.m. - 10:30 a.m. Sessions (Concurrent Sessions - Choose One) Legal Updates - (Part 1)
Motivating An Inspection Team (Supervisor/Manager
Track) - (Part 1)
Strategic Leadership Planning For Code Enforcement -
(Part 1)
Small Unmanned Aircraft Systems - Drones

10:30 a.m. - 11:00 a.m. Break

11:00 a.m. - 12:30 p.m.

Sessions (Concurrent Sessions - Choose One)
Legal Updates - (Part 2)
9/24/24, 3:35 PM 2024 Conference Schedule - California Association of Code Enforcement Officers https://www.caceo.us/page/Schedule 3/5
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Motivating An Inspection Team (Supervisor/Manager
Track) - (Part 2)
Strategic Leadership Planning For Code Enforcement -
(Part 2)
Short Term Rentals - Long Term Gains

12:30 p.m. - 1:45 p.m. Lunch [provided]

1:45 p.m. - 3:15 p.m.

Sessions (Concurrent Sessions - Choose One)
Learning to Testify
Emotional Intelligence, De-Escalation & Communication
& Self Care (Part 1)
Women Leaders of Code Enforcement (Part 1)
Stormwater Training (Part 1)

3:15 p.m. - 3:45 p.m. Break

3:45 p.m. - 5:15 p.m.

Sessions (Concurrent Sessions - Choose One)
"Massage Establishments" Course
Emotional Intelligence, De-Escalation & Communication
& Self Care (Part 2)
Women Leaders of Code Enforcement (Part 2)
Stormwater Training (Part 2)

5:00 p.m. - 7:00 p.m. Exhibitor Tear Down

7:00 p.m. - 10:00 p.m. Mixer
Thursday, November 14th
7:00 a.m. - 8:00 a.m. Breakfast [provided]

9/24/24, 3:35 PM 2024 Conference Schedule - California Association of Code Enforcement Officers https://www.caceo.us/page/Schedule 4/5
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Association Management Software Powered by YourMembership (http://www.yourmembership.com/) :: Legal (/ams/legal-privacy.htm) 8:30 a.m. - 9:30 a.m. Closing Session/Board Installation & Reports

9:45 a.m. - 12:00 p.m. Sessions (Concurrent Sessions - Choose One) Stockton's AI Powered Fight Against Blight
Building Buildings vs Building Rockets
Beauty and the Beast: Administrative Citations vs
Criminal Prosecution
Noise Complaints: Why Should we Care and how to
Resolve Them Effectively

12:00 p.m. Conference Adjourns

Friday, November 15th
9:00 a.m. - 3:00 p.m. CACEO Board Meeting

Click Here For Printable Version
(/resource/resmgr/2024_events/2024conference/caceo_2024_code_conference_s.pd Schedule Subject to Change Without Notice
9/24/24, 3:35 PM 2024 Conference Schedule - California Association of Code Enforcement Officers https://www.caceo.us/page/Schedule 5/5
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TO: Honorable Mayor and Council Members

FROM: M. Scott Hurlbert, City Manager
Maria Lara, Assistant City Manager

DATE: October 1, 2024

SUBJECT: Adopt A Resolution Authorizing the Submission of An Application for The Beverage Container Recycling City/County Payment Program Fiscal Year 2024-2025 And Related Authorizations f rom The California Department o f Resources Recycling and Recovery (CalRecycle).

Recommendation:

Staff recommends the City Council:
1) Adopt a Resolution authorizing the submittal of an application for funding and authorize the city manager or designee to execute the grant agreement and any amendments thereto for the FY202 4-25 Beverage Container Recycling City/County Payment Program, and

2) Find that the subject activity is not a project within the meaning of CEQA Guidelines Section 15378 and is not subject to review under CEQA.

Environmental Review:

The staff has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA guidelines because the proposed activity consists of a governmental fiscal/administrative activity which does not result in a physical change in the environment, and is therefore not subject to review under CEQA.

Discussion:

The Department of Resources Recycling and Recovery (CalRecycle) offers the Beverage Container Recycling City County Payment Program pursuant to Public Resources Code section 14581(a)(3)(A) of the California Beverage Container Recycling and Litter Reduction Act. CalRecycle is distributing $10,500,000 in fiscal year (FY) 2024-25 to eligible cities and counties specifically for beverage container recycling and litter cleanup activities. CalRecycle distributes funds to eligible cities and counties specifically for beverage container recycling and litter cleanup activities.

STAFF REPORT
City of Wasco

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The purpose of the beverage container recycling program is to reach and maintain an 80 percent recycling rate for all California Refund Value beverage containers – aluminum, glass, plastic, and bi -metal. Projects implemented by cities and counties will assist in reaching and maintaining this goal.

The City proposes to use its $7,085.00 allocation to install a water refill station at the Police Activity League (PAL) Building, which w ould reduce the number of single-use beverage containers in the waste stream.

Fiscal Impact:

No impact at this time. No match funds are required for the grant.

Attachments:

1. Resolution

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RESOLUTION NO. 2024-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO AUTHORIZING SUBMITTAL OF

APPLICATION TO THE BEVERAGE CONTAINER RECYCLING CITY/COUNTY PAYMENT PROGRAM FY 2024-25 AND RELATED AUTHORIZATIONS FROM THE CALIFORNIA DEPARTMENT OF

RESOURCES RECYCLING AND RECOVERY (CALRECYCLE)
WHEREAS, pursuant to Public Resources Code sections 48000 et seq., 14581, and 42023.1(g), the Department of Resources Recycling and Recovery (CalRecycle) has established various payment programs to make payments to qualifying jurisdictions; and

WHEREAS, in furtherance of this authority CalRecycle is required to establish procedures governing the administration of the payment programs; and

WHEREAS, CalRecycle’s procedures for administering payment programs require, among other things, an applicant’s governing body to declare by resolution certain authorizations related to the administration of the payment program.

NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Wasco is authorized to submit an application to CalRecycle for any and all payment programs offered; and

BE IT FURTHER RESOLVED that the City Manager, or designee, is hereby authorized as Signature Authority to execute all documents necessary to implement and secure payment; and

BE IT FURTHER RESOLVED that this authorization is effective until rescinded by the Signature Authority or this governing body.

-o0o-

I HEREBY CERTIFY that the foregoing Resolution No. 2024 - was passed and adopted by the Council of the City of Wasco at a regular meeting thereof held on October 1, 2024, by the following vote:

COUNCIL MEMBERS: MEDINA, SALDAÑA, MARTINEZ, RAYA, REYNA AYES:

NOES:

ABSTAIN:

ABSENT:
__________________________________

VALENTIN MEDINA
MAYOR of City the Wasco

Attest: _______________

__________________________

MONICA FLORES
DEPUTY CITY CLERK and Ex Officio Clerk of
the Council of the City of Wasco

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TO: Honorable Mayor and Council Members

FROM: M. Scott Hurlbert, City Manager
Keri Cobb, Community Development Director

DATE: October 1, 2024

SUBJECT: Adopt a Resolution Accepting Regional Early Action Planning (REAP) 2.0 funds in the amount of $705,882 and a uthorizing the City Manager or designee to execute a Memorandum of Understanding Between the Kern Council of Governments and City of Wasco and amending the City’s CIP Budget to transfer $44,118 from CIP Project No. 2 0215 to CIP Project No. 24011

Recommendation:

Staff recommends that the City Council:
1) Adopt a Resolution Accepting Regional Early Action Planning (REAP) 2.0 funds in the amount of $705,882 and authorizing the City Manager or designee to execute a Memorandum of Understanding Between the Kern Council of Governments and City of Wasco and amending the City’s CIP Budget to transfer $44,118 from CIP Project No. 20215 to CIP Project No. 24011

2) Find the subject activity is not a project within the meaning of CEQA Guidelines Section 15060 (c)(3) and is, therefore, not subject to review under CEQA.

Environmental Review:

This action is not a project within the meaning of CEQA Guidelines Section 15 060 (c) (3).

It is, therefore, not subject to CEQA since it does not have the potential to result in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. The approval of this agenda item does not commit the City to a definite course of action concerning a project since the action authorized herein may lead to the negotiation of a grant agreement . This proposed activity is, therefore, not subject to CEQA . Any future action connected to this approval that constitutes a project will be reviewed for compliance with CEQA.

Discussion:

In July of 2022, the State Department of Housing and Community Development issued a Notice of Funding Availability for Regional Early Action Planning (REAP 2.0) funds to all

STAFF REPORT
City of Wasco

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Metropolitan Planning Organizations in the State. REAP funds must be spent on activities directly tied to affordable housing . Kern COGs allocation was $12 ,670,717. In late 2022, the City of Wasco submitted a request for $750,000 to reconstruct 8 alleys between Highway 43 and Griffith Avenue and Poso and Filburn . The purpose of the alley reconstruction is to improve vehicle and pedestrian access to the rear of the existing properties, creating more opportunities for the development of infill acces sory dwelling units and reducing vehicle miles traveled over traditional development styles. The City’s requested project, along with project requests from three other member agencies, were submitted to the State for approval.

We spent 2023 answering HCD staff’s questions regarding our application and waiting for the HCD application review to be completed . In December 2023, KCOG was notified that an award letter would likely be issued within a week . However, shortly after, the funding fell into limbo with the Governor’s proposed budget cuts . In January 2024, the Governor’s initial budget proposal identified a 50% cut to REAP funding . However, the May revision cut REAP funding by only 6.7%.

Each KCOG member agency with a REAP 2.0 project agreed to take a 6.7 % cut in funding for their projects. As a result, the City will receive $705,882 for the REAP 2.0 alley repaving project, as shown in the attached MOU.

In order to fully fund the project, the City will need to transfer $44,118 from the Road Rehabilitation CIP project to the REAP Alley Rehabilitation CIP project as reflected below.

Fiscal Impact:

Transfer $44,118 from CIP Project No. 20215 ( Citywide Pavement Preservation) to CIP Project No. 24011 (REAP 2.0 Alley Rehabilitation Project) Attachments:

1. Resolution

2. Memorandum of Understanding with Kern Council of Governments

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RESOLUTION NO. 2024 -

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO ACCEPTING REGIONAL EARLY ACTION PLANNING (REAP) 2.0 FUNDS IN THE AMOUNT OF $705,882

AND AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF

UNDERSTANDING BETWEEN THE KERN COUNCIL OF GOVERNMENTS AND THE CITY OF WASCO AND AMENDING THE CITY’S CIP BUDGET TO TRANSFER $44,118 FROM CIP PROJECT NO. 20215 TO CIP PROJECT NO. 24011

BE IT RESOLVED, by the City Council of the City of Wasco as follows:

SECTION 1: The City Council hereby accepts the Regional Early Action Planning (REAP) 2.0 grant in the amount of $705,882 for the REAP 2.0 Alley Rehabilitation Project pursuant to all program and grant guidelines and amendments thereto.

SECTION 2: The City Manager of the City of Wasco, or designee, is hereby authorized and directed to execute a Memorandum of Understanding with the Kern Coun cil of Governments and make any necessary budget appropriations, requests for reimbursement, reports, and amendments thereto.

SECTION 3: The City Council hereby amends the City’s CIP budget to transfer $44,118 from CIP Project No. 20215 to CIP Project No. 24011
-o0o-

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I HEREBY CERTIFY that the foregoing Resolution No. 202 4 - was passed and adopted by the Council of the City of Wasco at a regular meeting thereof held on October 1, 2024, by the following vote:

COUNCIL MEMBERS: MEDINA, SALDAÑA, MARTINEZ, RAYA, REYNA AYES:

NOES:

ABSTAIN:

ABSENT:

__________________________

VALENTIN MEDINA,
MAYOR of the City of Wasco

Attest: _______________

__________________________________

MONICA FLORES
DEPUY CITY CLERK and Ex Officio Clerk of
the Council of the City of Wasco
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23-REAP2-17908
Kern Council of Governments
Upon HCD Approval
$12,670,717.00

STATE OF CALIFORNIA - DEPARTMENT OF GENERAL

SERVICES

STANDARD AGREEMENT
STD 213 (Rev. 04/2020)
AGREEMENT NUMBER PURCHASING AUTHORITY NUMBER (if applicable)

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

CONTRACTING AGENCY NAME

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

CONTRACTOR'S NAME

2. The term of this Agreement is:

START DATE
12/31/2026

THROUGH END DATE

3. The maximum amount of this Agreement is:

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

EXHIBITS
Exhibit A Authority, Purpose and Scope of Work
Exhibit B Budget Detail and Payment Provisions
Exhibit C* State of California General Terms and Conditions Exhibit D REAP2 Terms and Conditions
Exhibit E Special Conditions
2 TITLE PAGES
3 10
0 GTC - 04/2017
TOTAL NUMBER OF PAGES ATTACHED 15
https://www.dgs.ca.gov/OLS/ResourcesThese documents can be viewed at Items shown with an asterisk (*), are hereby incorporated by reference and made part of this agreement as if attached hereto.

CONTRACTOR NAME (if other than an individual, state whether a corporation, partnership,etc.) IN WITNESS WHEREOF, THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO.

CONTRACTOR

CONTRACTOR BUSINESS ADDRESS
1401 19th Street, Suite 300
Kern Council of Governments

CITY STATE ZIP
Bakersfield CA 93301

PRINTED NAME OF PERSON SIGNING TITLE

DATE SIGNEDCONTRACTOR AUTHORIZED SIGNATURE

STATE OF CALIFORNIA

CONTRACTING AGENCY NAME
Department of Housing and Community Development

STATE ZIPCITYCONTRACTING AGENCY ADDRESS
2020 W. El Camino Ave., Suite 130 Sacramento CA 95833

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

DATE SIGNEDCONTRACTING AGENCY AUTHORIZED SIGNATURE
California Department of General Services Approval (or exemption, if applicable) Exempt per; SCM Vol. 1 4.04.A.3 (DGS memo dated 06/12/1981) SCO ID:

Ahron Hakimi Executive Director
5-21-24
Diana Malimon
05/24/2024
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Regional Early Action Planning Grants of 2021 (REAP 2.0) Metropolitan Planning Organization Allocation
NOFA Date: July 26, 2022
Approved Date: November 3, 2023
Prep. Date: March 28, 2024
Kern Council of Governments
23-REAP2-17908

Page 1 of 2 ends

EXHIBIT A

AUTHORITY, PURPOSE, AND SCOPE OF WORK

1. Authority

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

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

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

2. Purpose

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

3. Definitions

Terms herein shall have the same meaning as defined by the Guidelines and Statute. 52 OF 155
Kern Council of Governments
23-REAP2-17908

Page 2 of 2 ends

EXHIBIT A

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

4. Monitoring

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

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

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

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

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

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

5. Department Contract Coordinator

The Contract Coordinator of this Agreement for the Department is the Housing Policy Development Manager, or the Manager’s designee. Unless otherwise informed, any notice, report, or other communication required by this Agreement shall be submitted under the penalty of perjury by email to [email protected]. 53 OF 155
Kern Council of Governments
23-REAP2-17908

Page 1 of 3 ends

EXHIBIT B

Regional Early Action Planning Grants of 2021 (REAP 2.0) Metropolitan Planning Organization Allocation
NOFA Date: July 26, 2022
Approved Date: March 25, 2024
Prep. Date: March 28, 2024

BUDGET DETAIL AND PAYMENT PROVISIONS

1. Application for Funds

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

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

2. Grant and Reimbursement Limit

A. The maximum total amount encumbered to the Grantee pursuant to this Agreement shall not exceed $12,670,717.00.

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

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

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

3. Grant Timelines

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

B. All Grant funds must be obligated no later than June 30, 2024 and expended by June 30, 2026 pursuant to Health and Safety Code section 50515.10(e)(1). 54 OF 155
Kern Council of Governments
23-REAP2-17908

Page 2 of 3 ends

EXHIBIT B

Regional Early Action Planning Grants of 2021 (REAP 2.0) Metropolitan Planning Organization Allocation
NOFA Date: July 26, 2022
Approved Date: March 25, 2024
Prep. Date: March 28, 2024
C. Final invoices must be submitted to the Department three months prior to the expenditure deadline. Under special circumstances, approved by the Department and in accordance with the expenditure deadline, the Department may modify the invoice deadline and may provide exception, including but not limited to, advance payment to carry out the terms of this Agreement.

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

4. Allowable Uses of Grant Funds

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

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

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

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

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

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

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

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Kern Council of Governments
23-REAP2-17908

Page 3 of 3 ends

EXHIBIT B

Regional Early Action Planning Grants of 2021 (REAP 2.0) Metropolitan Planning Organization Allocation
NOFA Date: July 26, 2022
Approved Date: March 25, 2024
Prep. Date: March 28, 2024

5. Availability of Funds

The Department’s provision of funding to Contractor pursuant to this Agreement is contingent on the continued availability of REAP 2.0 funds and continued state authorization for REAP 2.0 activities. The Department’s provision of funding is subject to amendment or termination due to lack of funds or proper authorization. This Agreement is subject to written modification or termination, as necessary, by the Department in accordance with requirements contained in any future state legislation and/or regulations. All other modifications must be in written form and approved by both parties.

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23-REAP2-17908

Page 1 of 10 ends

EXHIBIT D

1. Accounting and Records

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

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

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

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

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

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

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

2. Invoicing

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

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

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23-REAP2-17908

Page 2 of 10 ends

EXHIBIT D

Regional Early Action Planning Grants of 2021 (REAP 2.0) Metropolitan Planning Organization Allocation
NOFA Date: July 26, 2022
Approved Date: November 3, 2023
Prep. Date: March 28, 2024
C. The Grantee must bill the Department based on clear deliverables outlined in the Agreement or budget timeline. Generally, approved and eligible costs incurred for work after execution of the Agreement and completed during the grant term will be reimbursable. However, eligible activities conducted prior to award will be reimbursable to July 1, 2021. Approved and eligible costs incurred prior to July 1, 2021, are ineligible.

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

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

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

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

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

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

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

3. Audits

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

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

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23-REAP2-17908

Page 3 of 10 ends

EXHIBIT D

D. The Grantee agrees to permit the Department or the Department’s designee access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees who might reasonably have information related to such records and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with statutes, REAP 2.0 Guidelines, and the Agreement.

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

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

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

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

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

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

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

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23-REAP2-17908

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EXHIBIT D

Regional Early Action Planning Grants of 2021 (REAP 2.0) Metropolitan Planning Organization Allocation
NOFA Date: July 26, 2022
Approved Date: November 3, 2023
Prep. Date: March 28, 2024

4. Remedies and Non-performance

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

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

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

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

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

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

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

H. Examples of a breach of this Agreement:

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

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Regional Early Action Planning Grants of 2021 (REAP 2.0) Metropolitan Planning Organization Allocation
NOFA Date: July 26, 2022
Approved Date: November 3, 2023
Prep. Date: March 28, 2024

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

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

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

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

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

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

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

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

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

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

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

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

B. Grantees shall submit a report, in the form and manner prescribed by the Department, to be made publicly available on its website, by April 1 of the year 61 OF 155
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NOFA Date: July 26, 2022
Approved Date: November 3, 2023
Prep. Date: March 28, 2024
following the receipt of those funds, and annually thereafter until those funds are expended, that contains the following information:

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

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

The report must identify whether Proposed Uses overlap with other programs that share the same objectives as REAP 2.0. The Grantee should also identify any measurement challenges that persist and highlight any administrative barriers that prevent it from obtaining the information it needs to perform better analysis of progress made achieving REAP 2.0 Objectives and make adjustments to the extent possible in subsequent reporting years.

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

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

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

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

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

Funding requests for final reports must be submitted no later than March 31, 2026.
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Approved Date: November 3, 2023
Prep. Date: March 28, 2024

6. Indemnification

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

7. Waivers

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

8. Relationship of Parties

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

9. Third Party Contracts

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

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

C. The Department does not have a contractual relationship with the Grantee’s sub- recipients, contractors, or subcontractors, and the Grantee shall be fully responsible 63 OF 155
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10. Compliance with State and Federal Laws, Rules, Guidelines and Regulations

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

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

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

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

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

11. Litigation

A. If any provision of this Agreement, or an underlying obligation, is held invalid by a court of competent jurisdiction, such invalidity, at the sole discretion of the Department, shall not affect any other provisions of this Agreement and the remainder of this Agreement shall remain in full force and effect. Therefore, the provisions of this Agreement are, and shall be, deemed severable. 64 OF 155
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Approved Date: November 3, 2023
Prep. Date: March 28, 2024

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

12. Changes in Terms/Amendments

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

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

13. State-Owned Data

A. Definitions

1. Work:

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

2. Work Product:

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

B. Sharing of Work Product and Rights

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

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NOFA Date: July 26, 2022
Approved Date: November 3, 2023
Prep. Date: March 28, 2024

14. Special Conditions

The State reserves the right to add any special conditions to this Agreement it deems necessary to assure that the policy and goals of the Program are achieved. 66 OF 155

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

DIVISION OF POLICY DEVELOPMENT
2020 W. El Camino Avenue, Suite 500, 95833
P. O. Box 952054
Sacramento, CA 94252-2054
(916) 263-2771 / FAX (916) 263-2763
www.hcd.ca.gov
STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor

July 26, 2022

MEMORANDUM FOR: All Metropolitan Planning Organizations FROM: Megan Kirkeby, Deputy Director Division of Housing Policy Development
SUBJECT: Notice of Funding Availability and Final Guidelines – Metropolitan Planning Organization Allocation
Regional Early Action Planning Grant (REAP 2.0)

The California Department of Housing and Community Development (HCD), in collaboration with the Office of Planning and Research (OPR), the Strategic Growth Council (SGC), and the State Air Resources Board (CARB), is pleased to release this Notice of Funding Availability (NOFA) for approximately $510,000,000 for the Regional Early Action Planning Grant Program of 2021 (REAP 2.0). The principal goal of REAP

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

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

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

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

REAP 2.0 applications, forms, and instructions are available on the Department’s website on the REAP webpage. If you hav
e 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). 67 OF 155

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]
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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 Sect
ion 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 69 OF 155
4 Section 100: Introduction
The REAP 2.0 Program is funded in the amount of $600 million from the State General Fund. The Regional Early Action Planning Grants of 2021 will be administered by the California Department of Housing and Community Development (HCD) (Department), in collaboration with the Governor’s Office of Planning and Research (OPR), the Strategic Growth Council (SGC), and the California Air Resources Board (CARB). (Referred hereafter collectively as “State Collaborative Partners”.)

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

Section 101: REAP 2.0 Program Background

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

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

REAP 2.0 provides funds to regional governments to accelerate Housing production and facilitate compliance with the 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. 70 OF 155
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. 71 OF 155
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 R
egional 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. A ffordable Housing development programs – which may involve predevelopment costs (e.g., studies, land acquisition, entitlements), large expenditures and capital investments – are eligible uses if the programs accelerate the supply of long-term Affordable Housing for Lower and moderate- 72 OF 155
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 low er- 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.

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 clim
ate 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 73 OF 155
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. 74 OF 155
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. E ligible 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.
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10 11. Outreach must include effective and meaningful methods to gather and consider input and partnership with Tribal Entities. Methods must demonstrate a diligent effort to consult with Tribal Entities. Examples include acknowledgement of outreach, demonstration of consultation and incorporation of Tribal interest in priority setting and Proposed Uses.

Section 204: Eligible Uses

(A) Activities generally may include:

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

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

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

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

Applicants that dedicate at least 70% of funding to implementation activities are generally not subject to consultation with the Department and State Collaborative Partners regarding the blend of planning and implementation activities. (C) The collection of eligible uses in the application should be integrated wherever possible and should lead to greater impact when implemented together. (D) Eligible uses may be coupled with other verifiable and related activities being undertaken that will be completed by the applicant or in coordination with other entities as demonstrated by a formal written agreement or other documentation (e.g., resolution) to the satisfaction of the Department 76 OF 155
11 (E) Eligible uses could include but are not limited to:

1. Accelerating Infill Development that facilitates Housing supply, choice, and affordability:
a. Affordable Housing development programs – which may involve predevelopment costs (e.g., studies, land acquisition and entitlements), large expenditures and capital investments – are eligible uses if the programs accelerate the supply of long-term Affordable Housing for Lower-Income and Moderate-Income Households in Infill areas, remove barriers to encourage development and commit to
development within a reasonable time frame (e.g., within 5 years of the expenditure deadline). Affordable Housing developments can include mixed-uses (e.g., a minimum of 65 percent total floor area is residential use), and Affordable Housing units that are part of mixed income development programs.
b. Rezoning and guiding development by updating planning documents, development standards, and zoning ordinances, including general plans, community plans, specific plans, SCS, and local coastal programs. All uses that include the creation of planning documents must be accompanied by a commitment to adopt by the expenditure deadline.

c. Revamping local planning processes to accelerate Infill development that facilitates Housing supply, choice, and affordability. d. Completing environmental clearance to eliminate the need for project- specific review for Infill development that facilitates Housing supply, choice, and affordability.
e. Establishing and funding an Affordable Housing catalyst fund, trust fund, or revolving loan fund for location efficient projects. f. Performing infrastructure planning and investing in upgrading infrastructure, including for sewers, water systems, transit, active transportation, or other public facilities necessary to enable reduction in Per Capita VMT and accelerate Infill development that facilitates Housing supply, choice, and affordability.

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

3. Shifting travel behavior through reducing driving:
a. Studying roadway pricing feasibility and implementing road pricing programs.
b. Funding the establishment of a local VMT impact fee or catalyzing a regional VMT mitigation bank (seed funding for mitigation is ineligible).
c. Funding an
d implementing parking and transportation demand
management programs or ordinances.
d. Accelerating Infill Housing production near jobs, transit, and 77 OF 155
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 f ees

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 78 OF 155
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 T
ransformative 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:
79 OF 155
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 80 OF 155
15 Governments.
(C) Eligible applicants may partner through legally binding agreements with other forms of governments or entities where the proposal will have a direct effect on land-use, transportation, or development within areas of influence of the eligible applicant. This includes, but is not limited to, partnerships with other localities, regional governments, Housing authorities, school districts, special districts, community-based organizations, Tribal Entities or any duly constituted governing body of an Indian Reservation or Rancheria. Applicants forming partnerships must submit separate, completed, and signed application packages, including resolutions and a copy of the signed agreement between partners. Applicant partners may not submit an application on behalf of the eligible applicant.

Section 402: Award Amounts

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

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

Section 403: Advance Allocation

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

However, a full application must be received by December 31, 2022. (I) Applicants who received an advance allocation may be required to demonstrate 81 OF 155
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 82 OF 155
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-l
evel 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:
83 OF 155
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 num
ber 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, 84 OF 155
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 85 OF 155
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 86 OF 155
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 87 OF 155
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 88 OF 155
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 ma
y 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 M arch 31, 2026.
89 OF 155
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.
90 OF 155
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, incl uding 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 91 OF 155
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 92 OF 155
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 s hall 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).
93 OF 155
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, 94 OF 155
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:
95 OF 155
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 96 OF 155
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. 97 OF 155
32 (iii) Shifting travel behavior through reducing driving. 98 OF 155
33 (iv) Increasing transit ridership.
(F) An explanation of the targeted outreach the MPO has conducted to disadvantaged and historically underserved communities and how that outreach was incorporated into the Proposed Uses.
(G) An explanation of how Proposed Uses will advance equity by benefiting disadvantaged and historically underserved communities. (2) The department, in collaboration with the Office of Planning and Research, the Strategic Growth Council, and the State Air Resources Board, shall review an application submitted pursuant to this subdivision in an expeditious manner. Upon approval of an application for funds pursuant to this subdivision, the department s hall 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, 99 OF 155
34 including for sewers, water systems, transit, roads, or other public facilities necessary 100 OF 155
35 to enable reduction in per capita vehicle miles traveled, including accelerating housing production.
(5) Supporting residents through realizing Multimodal Communities, including through all of the following:
(A) Establishing and implementing a vision-zero policy and program, a safety plan, and a slow streets program.
(B) Developing bicycle and pedestrian infrastructure plans and other multimodal plans or policies.
(C) Investing in infrastructure projects and other programs to expand active transportation and implement bicycle or pedestrian plans. (D) Producing multimodal corridor studies associated with developing specific planning documents or implementation actions.
(6) Shifting travel behavior through reducing driving, including through all of the following:
(A) Studying and implementing road pricing.
(B) Funding the establishment of a local vehicle miles traveled impact fee or regional vehicle miles traveled mitigation bank.
(C) Funding and implementing parking and transportation demand management programs or ordinances.
(D) Accelerating infill housing production near jobs, transit, and resources. (7) Increasing transit ridership, including through all of the following:
(A) Funding and implementing actions to establish more seamless regional transit systems between and across communities, including establishing common fares, schedules, service design, and wayfinding.
(B) Developing and implementing multimodal access plans to and from transit facilities. (C) Planning for additional housing near transit.
(f)
(1) In consultation with the department, any entity that receives an allocation of funds pursuant to this section may suballocate moneys directly to eligible entities in the form of grants. Following awards to eligible entities, eligible entities shall award suballocations within 60 days.
(2) All suballocations pursuant to this subdivision shall consider geographic equity, including the needs of rural and urban communities, transformative and collaborative approaches, including through subregions, and the degree to which the suballocation will be in furtherance of all of the requirements of transformative planning and implementation activities described in paragraph (2) of subdivision (f) of Section 50515.06.

SEC. 9.

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

50515.

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

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

The maximum am
ount 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 101 OF 155
36 shall be available to the eligible entities described in paragraph (6) (7) of subdivision (a) of Section 50515.08 for transformative planning and implementation activities. (c) Of the amount described in paragraph (2) of subdivision (a) of Section 50515.07, 5 percent shall be available as a competitive set aside available to all eligible entities for transformative planning and implementation activities that demonstrably exceed the requirements of this chapter and further multiple policy objectives. Scoring criteria for this competitive set aside will include, but are not limited to, the extent of acceleration of infill housing production and reduction of per capita vehicle miles traveled.

SEC. 10. Section 50515.10 of the Health and Safety Code is amended to read:

50515.10.
(a)
(1) Subject to paragraph (2), an Eligible Entity that receives an allocation of program funds pursuant to Section 50515.08 shall submit a report, in the form and manner prescribed by the department, to be made publicly available on its internet website, by April 1 of the year following the receipt of those funds, and annually thereafter until those funds are expended, that includes, but is not limited to, the following information:
(A) The status of the Proposed Uses and expenditures listed in the Eligible Entity’s application for funding and the corresponding impact, including, but not limited to, housing units accelerated and reductions in per capita vehicle miles traveled. (B) All status an d 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 102 OF 155
37 deems necessary, to ensure compliance with program requirements. (g) The department may, as it deems appropriate or necessary, request the repayment of funds from an applicant, or pursue any other remedies available to it by law for failure to comply with program requirements.
(h) The department, in collaboration with the Office of Planning and Research, the Strategic Growth Council, and the State Air Resources Board, may implement the program through the issuance of forms, guidelines, application materials, funding allocation methodologies, and one or more notices of funding availability, as the department deems necessary, to exercise the powers and perform the duties conferred on it by this chapter. Any forms, guidelines, application materials, funding allocation methodologies, or notices of funding availability prepared or adopted pursuant to this section are exempt from the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).
(i) The department’s decision to approve or deny an application or request for funding pursuant to the program, and its determination of the amount of funding to be provided or request for repayment or other remedies for failure to comply with program requirements, shall be final. 103 OF 155
38 Attachment 2: Definitions
All terms not defined below shall, unless their context suggests otherwise, be interpreted in accordance with the meanings of terms described in Chapter 3.15 of Health and Safety Code sections 50515.06 to 50515.10.

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

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

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

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

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

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

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

8. “Disadvantaged and Historically Underserved Communities” includes concentrated areas of poverty; Areas of High Segregation and Poverty and areas of low to moderate access to opportunity (TCAC/HCD Opportunity Area Maps); Communities of Concern, Disadvantaged Communities (SB 535 Disadvantaged Communities Map), and Low- Income Communities pursuant to Senate Bill 535 (De León, Chapter 830, Statutes of 2012) and Assembly Bill 1550 (Gomez, Chapter 369, Statutes of 2016); areas of high Housing cost burdens; areas with high vulnerability of displacement; areas related to Tribal Entities; and other areas experiencing disproportionate impacts of California’s 104 OF 155
39 Housing and climate crisis. Applicants may propose alternative definitions to Disadvantaged and Historically Underserved Communities in consultation with the Department and the State Collaborative Partners.

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

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

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

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

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

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

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

14. “Infill”, for the purposes of the REAP 2.0 Program, means areas where all the following apply: (1) the area consists of unused or underutilized lands (2) within existing development patterns (3) that is or will be accessible to destinations and daily services by transit, walking, or bicycling and located in either:
a. An urban center, urban corridor, or area with transit-supportive densities, or b. An established community that meets all the following criteria:
i. The area consists or previously consisted of qualified urban uses ii. The area is predominantly surrounded (approximately 75 percent of the perimeter) by parcels that are developed or previously developed with qualified urban uses. In counting this, perimeters bordering navigable bodies of water and improved parks shall not be included, and iii. No parcel within or adjoining the area is classified as agricultural or natural 105 OF 155
40 and working lands.
c. Under unique circumstances, applicants may propose an alternative definition of “Infill” subject to approval by the Department and State Collaborative Partners.

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

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

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

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

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

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

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

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

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

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

25. “State Planning Priorities” means priorities that are intended to promote Infill development and equity, protect environmental and agricultural resources, and 106 OF 155
41 encourage efficient development patterns outside of Infill areas pursuant to Government Code section 65041.1.

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

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

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

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

30. “Ve
hicle Miles Traveled” means a metric to evaluate the total miles of vehicles traveling on a roadway over a period of time.
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42 31. “Vehicle Miles Traveled Per Capita” or “Per Capita Vehicle Miles Traveled” means the number of Vehicle Miles Traveled, per person.
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43 Attachment 3: Award Amounts by Eligible Applicant
REAP 2.0 MPO/COG Formula-Based Maximum Allocation Amounts

The REAP 2.0 Program makes available 85 percent of funds ($510,000,000) to MPOs and COGs through the “Formula Allocations to MPOs and COGs” funding stream. Maximum award amounts are based on California Department of Finance 2030 Population Projections.

Applicant Max. award amount
Association of Monterey Bay Area Governments $ 10,133,742.41 Butte County Association of Governments $ 2,944,762.37
Fresno Council of Governments $ 13,633,148.06
Kern Council of Governments $ 12,670,717.96
Kings County Association of Governments $ 2,060,590.24
Madera County Transportation Commission $ 2,213,724.74
Merced County Association of Governments $ 3,912,152.75 Metropolitan Transportation Commission $ 102,842,103.03 Sacramento Area Council of Governments $ 33,727,893.48
San Diego Association of Governments $ 43,037,322.72
San Joaquin Council of Governments $ 10,612,514.62
San Luis Obispo Council of Governments $ 3,539,684.58
Santa Barbara County Association of
Governments
$ 5,839,412.28
Shasta Regional Transportation Agency $ 2,243,909.07
Stanislaus Council of Governments $ 7,535,242.05
Southern California Association of Governments $ 246,024,084.00 Tahoe Regional Planning Agency $ 604,134.15
Tulare County Association of Governments $ 6,424,861.49 109 OF 155
44 Attachment 4: Applying Units of Measurement
Applicants must provide sufficient evidence that demonstrates a nexus between a Proposed Use and meeting all REAP 2.0 goals and objectives. This table is meant to illustrate one example of how applicants might demonstrate this nexus and measure Policy Outcomes.

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

Achieving All
Program
Objectives
Locational
Considerations
or Applicable
Populations

Measurable Outcomes
The Proposed Use can be
measured by, but is not limited to:

A Sample of Potential Uses

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

- Infill areas (see
Attachment 2)

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

Affirmatively
Furthering Fair
Housing
(AFFH)

-Higher Resource
Communities or
Areas (see
Attachment 2)

- 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
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45 - Disadvantaged
and Historically
Underserved
Communities
(see Attachment
2)

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

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

Reducing
Vehicle Miles
Traveled

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

Appendix F Final Environmental Analysis (ca.gov)

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Exhibit C
TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29

DEBARMENT AND SUSPENSION CERTIFICATION
1) The Consultant certifies, to the best of its knowledge and belief, that it and its contractors, subcontractors, and sub-recipients:
a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency;
b) Have not, within the three (3) year period preceding this certification, been convicted of or had a civil judgment rendered against them for the commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, state, or local) transaction or contract under a public transaction, violation of Federal or state antitrust statutes, or commission of embezzlement, theft forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, state, or local) with the commission of any of the offenses listed in sub-paragraph (1 )(b) of this certification; and
d) Have not, within the three (3) year period preceding this certification, had one or more public transactions (federal, state, or local) terminated for cause or default.
2) The Applicant also certifies that, if Applicant later becomes aware of any information contradicting the statements of paragraph (1) above, it will promptly provide that information to the Kern Council of Governments.

If there are any exceptions to this certification, insert the exceptions in the following space.

Exceptions will not necessarily result in denial of the award but will be considered in determining bidder responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action. (Consultant
Date
27 112 OF 155
.

TO: Honorable Mayor and Council Members

FROM: M. Scott Hurlbert, City Manager
Charlie Fivecoat, Chief of Police

DATE: October 1, 2024

SUBJECT: Approval of Training Expenses Exceeding $500.00 for Police Officer to attend the POST -Certified Firearms and Tactical Rifle Instructor Course scheduled for October 7th – October 18th, 2024, in San Jose, CA.

Recommendation:

Staff recommends the City Council:
1) Approval of Training Expenses Exceeding $500.00 for Police Officer to attend the POST-Certified Firearms and Tactical Rifle Instructor Course scheduled for October 7th – October 18th, 2024, in San Jose, CA.; and,

2) Find the subject activity is not a project as defined under the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15378, no environmental review is required.

Environmental Review:

This action is not a project within the meaning of CEQA Guidelines Section 15378 and is, therefore, not subject to CEQA since it does not have the potential to result in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. The approval of this agenda item does not commit the City to a definite course of action concerning a project since the action authorized herein may lead to the negotiation of a grant agreement . This proposed activity is, therefore, not subject to CEQA . Any future action connected to this approval that constitutes a project will be reviewed for compliance with CEQA.

Discussion:

The purpose of sending the Police Officer to the POST-certified Firearms and Tactical Rifle Instructor Course is to provide him with specialized training in firearms instruction and overall program management. The course is structured to equip Officer Talavera with comprehensive knowledge of firearms, including handguns, shotguns, and rifles, and to enhance his instructional capabilities.

The curriculum covers essential topics such as firearm fundamentals, lesson planning, and range safety, ensuring that the Officer will be able to prepare and conduct safe and

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structured training sessions effectively. Additionally, the course includes methods for identifying and correcting problem shooting techniques, which will further strengthen Officer Talavera’s ability to improve the skills of others.

Upon completion, the Police Officer will earn PSP/CPT credit certifications, which include Handgun, Shotgun/SBS, and Rifle/SBR qualifications. This trai ning will enable him to take on the role of a certified firearms instructor and provide high -quality, safe, and effective firearms instruction to his peers.

The cost of the training is $1727.00. The training, hotel fees, and food per diems will exceed the Expense and Use of Public Resources Policy Limits established by City of Wasco Resolution No. 2006-2327, limiting expenses to $500.00.

Fiscal Impact:

The cost of travel and training is estimated to exceed $3,000. The adopted FY 2024-2025 Operating Budget contains sufficient funding to cover this expense; no budget action is required.

The travel and per diem expenses are POST reimbursable.

Attachments:

1. Course Information
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Law Enforcement
Firearms and Tactical Rifle Instructor
October 7, 2024 - October 18, 2024
MUST BE A CURRENT SWORN LAW ENFORCEMENT OFFICER and HAVE A STANDARD, NON-CALIFORNIA COMPLIANT PATROL RIFLE *WE ARE UNABLE TO RENT RIFLES FOR THIS CLASS* Course Information
Description:

This course is designed to train individuals to be firearms instructors with overall program management.

The course covers basic firearm knowledge, shotgun, and includes lesson planning, range preparation & safety. Instruction methods including how to define and correct problem shooting techniques will be covered. PSP/CPT credit certification includes Handgun, Shotgun/SBS and Rifle/SBR.

Designed For:

Sworn Law Enforcement Officers
Requirements:

Students must attend a minimum 16-hour Rifle Operator Course, pursuant to California Penal Code section 33220(b) and POST Regulation 1081, prior to attending this course. No pre-course qualification is required; written test at the end of course. All participants must have transportation to off site ranges and the following weapons and equipment:

Service handgun, four magazines, duty belt/holster, 800 rounds of handgun ammunition Off duty firearm and holster with 2 magazines/speed loaders (if revolver) and 50 rounds Shotgun with 200 rounds of .00 and 25 rounds of slugs (The shotgun portion of the class is a POST requirement. If your agency does not use shotguns, contact us at [email protected], and arrangements can be made to borrow one of the Academy's shotguns, however the Academy cannot provide the ammo required. If your future Firearms Instructor shows up without the above listed shotgun ammo on the first day, they will not be able to receive POST certification.) Rifle with 1000 rounds ammo and at least 3 magazines
NO birdshot- Slugs and .00 buck only
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A hand held flashlight (even if you have a weapon mounted light) Cleaning equipment and lubricant for all weapons
Body armor
Wrap around eye protection AND ear protection
A brimmed hat
BDU or similar type pants are to be worn for class. No red colored garments are to be worn by students while in class or on the range, no shorts or sandal type shoes.

Optional Equipment
hydration system
knee/elbow pads
rain gear
hat
sunscreen
water
It is required that you have personal transportation for you and your equipment to nearby ranges.

Note: this is not a "shooting" class and many rounds of ammunition brought to the course may not be used.

College Application Process
College Application Process
This program is presented through the South Bay Regional Public Safety Training Consortium of Community Colleges (SBRPSTC), which includes Gavilan College, Monterey Peninsula College, Ohlone College, Hartnell College, Lake Tahoe Community College, College of San Mateo, and Cabrillo College.

Only courses and programs presented for college credit will be funded, transcripted and certified through one of the above accredited institutions.

Funds generated through this process offset the costs of each course, thereby reducing student fees for the student/agency and allowing us to present more courses. Consequently, we require all students taking one of our college-based courses to apply to the designated college using OpenCCC, the on line college application system by which the majority of community colleges collects registration and transcription information.
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Students will receive reservation confirmation and class information along with college application instructions approximately 45 days before the class starts. If applicable, students will also be required to complete the college application process and submit a South Bay Registration Form, to include the OpenCCC and applicable College ID numbers no later than 30 days before the class start date. *Additional fees will apply to Non-College Registered Students. Contact our main office at (408) 229-4299 for specific amounts.

Payment/ Registration Information
Payment Information
We accept Visa and MasterCard (effective August 1, 2024 a non-refundable transaction fee of 3% will apply), cash, money order and cashier's checks (made payable to SBRPSTC). Agency billing may also be arranged. Financial aid and VA benefits may be available. *ALL FEES ARE SUBJECT TO CHANGE. When possible, students will be advised of any fee changes prior to course start date. Tuition fee increases made at any time by the State Chancellor's office may require collection of additional fees from students.

Students who have not lived in California for at least one (1) year and (1) day prior to start of college semester or do not meet other college criteria may be considered "out-of-state" students, and subject to additional fees to the ones listed above. Please check with our staff for details and exact costs.

Reservations
Agency personnel: Call (408) 229-4299 or email to: [email protected] the following information:

Class Requested, Date
Agency Name
Training Officer (TO) Name
TO's Email Address
Phone Number
Attendee Name(s) and Email Address
Method of payment if applicable
Self-sponsored students. Contact our main office at (408) 229-4299 to register. Be prepared to submit full or partial payment, depending on the class
Non-U.S. Citizens. If you are not a U.S. citizen, but wish to attend one of our courses, one of our Instructional Staff Assistants may contact you for more information. 117 OF 155
Cancellation/Refund Policy
Out of consideration for students on waiting lists, cancellations must be made no later than 30 days prior to the first day of class. For cancellation deadlines, please refer to the Fee Information tab on this flyer.

There may be a minimum cancellation fee of $50 assessed for material expenses associated with cancellations. Substitutions or transfer of your reservations to another student is permitted upon approval.

Course Cancellation by South Bay
Each class has a minimum enrollment requirement. If the minimum enrollment is not reached for the course three weeks prior to the beginning of the class, the class may be cancelled and any deposits/payments will be refunded in full (minus non-refundable processing fee).

Fee Information
$1727.00
Additional fees may apply to Non-College Registered Students. Contact our main office at 408-229-4299 for specific amounts.

POST CC# 2540-21209-24-003
Late Cancelation Fee
$50 if cancelled after 9/20/2024
Start: Mon Oct 7, 2024
End: Fri Oct 18, 2024
Monday - Friday 0800 to 1700
College of Record: Gavilan College
College Term: FALL
Location
The Academy (Coyote Valley Campus)
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560 Bailey Ave.

San Jose,_(;fj 95141 United States
(408) 229-4299
View Venue Website
Fees
$1727.00
119 OF 155
.

TO: Honorable Mayor and Council Members

FROM: M. Scott Hurlbert, City Manager
Luis Villa, Public Works Director

DATE: October 1, 2024

SUBJECT: Authorize the City Manager or designee to allocate $5,000.00 budget funding for the ongoing maintenance of downtown decor, and approve a purchase order and appropriate funding not exceeding $40,000.00 for the initial seasonal decor purchase.

Recommendation:

Staff recommends the City Council:
1) Authorize the City Manager or designee to allocate a $5,000.00 budget funding for the ongoing maintenance of downtown décor; and

2) Authorize the City Manager or designee to approve a purchase order and appropriate funding for the initial seasonal décor purchase not exceeding $40,000.00; and

3) Find that this action is not a project as defined under the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15378, no environmental review is required.

Environmental Review:

Background:

The city has acquired various decorations for downtown as part of the Downtown Beautification Project. These decorations consist of art pieces and metal ornaments. They will require regular maintenance and may need replacement if they are stolen or vandalized, which could diminish the area's appearance. The current city budget does not allocate funds for the maintenance or replacement of these decorations. In

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continuation of the previous discussions held with the council at the September 17, 2024 council meeting, staff is also exploring potential seasonal decorations, including a large artificial tree base unit and the possibility of additional modules to increase the tree's height over time.

Discussion:

The staff requests an annual allocation of $5,000.00 from the general fund for the operating budget. This funding will be used to maintain or replace current decorations in the event of theft or vandalism, as well as to replace older or worn -out decoration s throughout the year.

In addition to the maintenance budget for downtown decorations, staff is requesting authorization for a purchase order for an artificial tree and other seasonal decorations, as discussed at the previous council meeting. Once funding allocation approval is granted, staff will seek bids from additional vendors and select the lowest responsible bidder for the purchase of the seasonal decorations. Staff is requesting authorization to execute a purchase order with the selected vendor for the seasonal decorations, with the total amount not to exceed $40,000.00.

Fiscal Impact:

A budget line item will be created for the ongoing costs of maintaining and replacing these ornaments, with an annual budget of $5,000.00. Additionally, a CIP project will be initiated to purchase an artificial tree with associated seasonal decorations not to exceed $40,000.00.

Attachments:

1. Resolution
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RESOLUTION NO. 2024 -

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO AUTHORIZING THE CITY MANAGER OR DESIGNEE TO ALLOCATE FUNIDING OF $5,000.00 FOR THE ONGOING MAINTENANCE OF DOWNTOWN DÉCOR AND APPROVE A PURCHASE ORDER AND APPROPRIATE FUNDING NOT EXCEEDING $40,000.00 FOR THE INITIAL SESONAL DÉCOR PURCHASE.

WHEREAS, the City of Wasco wishes to allocate funding for maintenance of downtown artwork and décor and the initial purchase of seasonal décor; and

WHEREAS, a budget line item will be created for ongoing maintenance cost; and

WHEREAS, a budget appropriation not to exceed $40,000 will be created for the initial purchase of seasonal décor; and

WHEREAS, the purchase shall be governed by and construed in accordance with the laws of the State of California; and

WHEREAS, this purchase and maintenance will come out of the City’s general fund.

NOW THEREFORE BE IT RESOLVED , by the City Council of the City of Wasco as follows:

SECTION 1: Authorizes
the City Manager or designee to allocate funding of $5,000.00 for the ongoing maintenance of the downtown décor and appropriate funding and approve a purchase order not exceeding $40,000.00 for the initial purchase of seasonal décor.

-o0o-

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I HEREBY CERTIFY that the foregoing Resolution No. 202 4 - was passed and adopted by the Council of the City of Wasco at a regular meeting thereof held on October 1 , 2024, by the following vote:

COUNCIL MEMBERS:

AYES: MEDINA, SALDAÑA, MARTINEZ, RAYA, REYNA
NOES:

ABSTAIN:

ABSENT:

__________________________

VALENTIN MEDINA
MAYOR of the City of Wasco

Attest:

__________________________________

MONICA FLORES
DEPUTY CITY CLERK and Ex Officio Clerk of
the Council of the City of Wasco

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.

TO: Honorable Mayor and Council Members

FROM: M. Scott Hurlbert, City Manager

DATE: October 1, 2024

SUBJECT: Adopt a Resolution Authorizing the City Manager or designee to finalize and endorse an Amended and Restated Communications Site Lease agreement with unWired Broadband, LLC.

Recommendation:

Staff recommends the City Council:
1) Adopt a Resolution Authorizing the City Manager or designee to finalize and endorse an Amended and Restated Communications Site Lease agreement with unWired Broadband, LLC.; and

2) Find that this action is not a project defined under the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15378, no environmental review is required.

Environmental Review:

Background:

The City's historic water tower at the northeast corner of 8th Street and E Street is an ideal location for wireless telecommunication equipment.

Beginning in 2009, the City o f Wasco has maintained a series of communications site lease agreements involving the water t ower and unWired Broadband . For various business, financial, and practical reasons , the agreements have been amended or restated over the years to suit the parties.

An amended agreement was contemplated, and a draft was approved by Council in 2022 but was not executed. Most recently, the Lease has been operating under month -

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to-month terms of the most recent agreement. The terms of the current arrangement are now outside of market rates and seen as unsustainable by the parties.

Discussion:

Earlier lease agreements between the City and unWired contained fixed inflator terms with no cap. During low-inflation rate years, this caused the lease rate to exceed market terms for comparable leases. unWired has paid the rates and is current with their obligations under the current month-to-month terms.

However, market conditions and the pending fiber optic network overbuild project proposed by unWired will likely convert a significant percentage of their wireless customers to fiber- optic service. While this is a benefit to these local businesses, t his reduction, combined with the current above-market lease rates, will cause the water tower site to become financially and competitively unviable. If the site is abandoned, the remaining wireless customers may lose Internet connectivity or be forced to more expensive options. Abandonment would also result in the loss of 100% of the current City lease revenue.

The City and unWired have negotiated two changes to the Lease Agreement, which the parties believe will preserve the viability of the water tower site lease while also protecting the City’s ongoing revenue stream. The first change is a one-time reset of the base lease rate from $1,850.30 per month to $1,100.00 per month. Secondly, the annual rate inflator will change from a fixed 3% to an agreed, published Consumer Price Index inflator, but capped at 3% per year.

The agreement is being reviewed by both the unWired an d the C ity's legal counsel.

Certain agreement clauses, unrelated to the financial terms, will be finalized before execution. Staff is seeking authorization to finalize and endorse this agreement.

Fiscal Impact:

If approved, the proposed terms will resu lt in a current fiscal year revenue reduction of approximately $ 6,000 but preserve approximately $13,200 of annual revenue going forward.

Attachments:

1. Resolution

2. Draft Agreement
125 OF 155
RESOLUTION NO. 2024 -

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO AUTHORIZING THE CITY

MANAGER OR DESIGNEE TO FINALIZE AND ENDORSE AN AMENDED AND RESTATED COMMUNICATIONS SITE LEASE AGREEMENT WITH UNWIRED BROADBAND, LLC.

WHEREAS, The City-owned water tower is an ideal wireless telecommunications antenna location; and

WHEREAS the C ity of Wasco and unWired Broadband, LLC. currently operate under the month-to-month terms of an agreement initially established in 2009, with fixed inflator terms; and

WHEREAS, said Agreement terms have escalated the rental fees to an uncompetitive and unsustainable level, particularly in light of the pending fiber optic network overbuild proposed by unWired; and

WHEREAS, the City of Wasco believes it is in its best interest to amend and restate the Agreement with unWired to recognize current market conditions and to help ensure continued wireless Internet access for businesses and residents in the Wasco area who may not have immediate access to the new fiber optic network or other broadband options; and

WHEREAS, the City of Wasco and unWired Broadband, LLC. have negotiated amended terms which both parties believe will achieve the goals outlined herein and contained in a draft agreement; and

WHEREAS, the Agreement shall be approved by the City Attorney and shall be governed by and construed in accordance with the laws of the State of California.

NOW THEREFORE BE IT RESOLVED , by the City Council of the City of Wasco as follows:

SECTION 1:

Authorizes the City Manager or designee to finalize and endorse an Amended and Restated Communications Site Lease agreement with unWired Broadband, LLC.

-o0o-

126 OF 155

I HEREBY CERTIFY that the foregoing Resolution No. 2024 - was passed and adopted by the Council of the City of Wasco at a regular meeting thereof held on October 1, 2024, by the following vote:

COUNCIL MEMBERS: MEDINA, SALDAÑA, MARTINEZ, RAYA, REYNA AYES:

NOES:

ABSTAIN:

ABSENT:

__________________________

VALENTIN MEDINA
MAYOR of the City of Wasco

Attest:

__________________________________

MONICA FLORES
DEPUTY CITY CLERK and Ex Officio Clerk of
the Council of the City of Wasco

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AMENDED AND RESTATED

COMMUNICATIONS SITE LEASE AGREEMENT
THIS AMENDED AND RESTATED COMMUNICATIONS SITE LEASE AGREEMENT (“Lease”) dated with an effective date of November October 01, 20242, is between unWired Broadband, LLC., a California Limited Liability Company (“Lessee”), and the City of Wasco , a California Municipal Corporation (“Lessor”)
RECITALS.

A. The parties entered into that certain Communications Site Lease Agreement dated January 20, 2009 November 1, 2022 which ran its term and is now running on a month -to-month basis.

The partiesand wish to amend and restate it as hereinafter described.

NOW, T HEREFORE, in consideration of the mutual covenants and conditions set forth hereinafter, the parties agree as follows:

1. Premises: Lessor leases the real property located in Wasco , Kern County, California, legally described in Exhibit "A" attached hereto and made a part hereof and having Assessor's Parcel Number 030-130-04 and commonly known as Wasco Water Tower at 764 E Street Wasco, CA 93280, coordinates 35.59319, -119.33466 (sometimes ''Lessor's Property ” or the “Water Tower"). Subject to the terms and conditions outlined in this Lease, Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, a portion of the Water Tower as depicted on Exhibit "B" attached hereto and made a part hereof ("Premises"). Lessee accepts the Premises “AS IS, WHERE IS, AND WITH ALL FAULTS” in its existing condition and assumes the risk of use of the Premises and hereby releases Lessor from any and all claims relating to the condition of the Premises. With regard to this release, Lessee represents and warrants that it has read and fully understands the provisions of Section 1542 of the Civil Code of California and waives and releases any right or benefit which Lessee has thereunder, which section reads as follows:
“A general release does not extend to claims which the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her would have materially affected his or her settlement with the debtor or released party.”

2. Us
e : The Premises may be used in connection with providing mobile/wireless communications services described herein, including without limitation, the transmission and the reception of radio communication signals on various frequencies.

3. Te rm: The initial term of this Lease (" Initial Term") shall be five (5) years commencing on November October 01, 20242 ("Commencement Date") and ending at midnight, Pacific Time on October September 301, 20297. Lessee shall have five options to extend the Initial Term (the “Options”) of five years each (each an “Extended Term”). Each Extended Term shall be on the same terms and conditions as described in this Lease. As consideration for the Options, Lessee shall pay Lessor $100.00 in immediately available funds on or before the Commencement Date. If Lessee wishes to exercise an Option, Lessee may do so provided that 128 OF 155

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Lessee is not then in default of any of the terms, covenants or conditions of this Lease and provided Lessee gives written notice to Lessor at least thirty (30) calendar days prior to the expiration of the Initial Term or an Extended Term, as the case may be (the “Exercise Period”).

If Lessee does not exercise an Option during the Exercise Period in strict accordance with the provisions hereof, the Option and all other Options thereafter shall forever terminate and be of no further force or effect. If Lessee holds over with Lessor’s consent, the tenancy shall be deemed a month-to- month tenancy (the “Holdover”) and shall be terminable at any time upon thirty (30) days prior written notice by Lessor to Lessee. During any Holdover, Lessee shall pay rent to Lessor at the rate of 125% of the rent payable in the month immediately preceding the Holdover and same shall be payable in advance on the first day of each month commencing on the first day of the calendar month of the Holdover.

4. Ren
t :
a. Upon the Commencement Date , Lessee shall pay Lessor, as rent, the sum of One Thousand One Hundred Six Hundred Seventy- Eight Dollars and Twenty- seven CentsDollars ($1,1000.00) ($1,678.27) ("Rent") per month, which shall be considered compensation for the installation of up to Fifteen (15 ) radio transmitting and receiving antennae and associated cable, wiring, equipment upon the Water Tower and equipment rack within the structure at the locati on. Lessee is also leasing an additional 3’x4’ space near the Northwest Water Tower leg, on the Northwest side of the current shed being utilized (see Exhibit B, pg. 1 for reference) . Rent shall be payable on the 1 st day of each month, in advance, to Lessor at Lessor’s address specified in Paragraph 17 of this Lease. b. Le ssee shall have the right to install additional antennae on the Water Tower, subject to the results of a Structural and Wind-Loading Analysis report (the “Structural Report”) for the tower railing only, showing sufficient capacity for the proposed additional antennae.

The cost of the Structural Report shall be the sole responsibility of Lessee. S tarting with antenna #16, Rent shall be increased by Seventy-five Dollars ($75.00) per month, effective the first of the month following the initiation of installation, per additional antenna placed upon the Water Tower . Lessee shall notify Lessor by phone or e -mail at least 24 hours prior to initiating installation. Lessee shall repair, at its sole cost and expense, any damage caused by such installation to the reasonable satisfaction of Lessor and within ten (10) business days from notification of the damage from Lessor, except for reasonable wear and tear and damages beyond the control of Lessee, provided, however, that if the repair cannot reasonably be done within ten (10) business days, Lessee shall complete the repair within a reasonable time thereafter provided Lessee diligently pursues the repair to completion.
c. R ent shall be increased by the Riverside County Consumer Price Index (“CPI”) for All Urban Consumers yearly on the anniversary of the Commencement Date, beginning October 01, 2025, and continuing annually thereafter including, without limitation, for each Extended Term. Should the CPI increase by more than 3%, the adjustment shall be capped at 3%. 129 OF 155

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c. Rent shall be increased by three percent ( 3.0%) yearly on the anniversary of the Commencement Date, beginning November 01, 2023, and continuing annually thereafter including, without limitation, for each Extended Term.
d. In the event any Rent or any other amount owed to Lessor herein is not received by Lessor by the fifteenth (15th) day of any month, a delinquency charge, equal to ten percent (10%) of the outstanding amount due shall be paid by Lessee to Lessor concurrently with payment of the delinquent rental installment. If a delinquency charge is payable by Lessee more than three times i n any calendar year, Lessor may, in Lessor’s sole discretion, terminate this Lease.

5. E lectrical Power : Lessee shall be responsible at its sole cost and expense for Lessee’s utility expenses for the use of their equipment and operations by paying for meter# 1003855041 or such meter providing equivalent service in the future.

6. I mprovements & Access:
a. Lessee shall have the right (but not the obligation) at any time following the full execution of this Lease, to enter the Premises for the purpose of making necessary inspections and engineering surveys (and soil tests where applicable) and other reasonably necessary tests (collectively "Tests") to determine the suitability of the Premises for Lessee’s Facilities (as defined herein) and for t he purpose of preparing for the construction of Lessee's Facilities, provided, however, that no Tests may be performed that have not been approved by Lessor in writing. Lessee shall notify Lessor at least two business days prior to commencement of any proposed Tests or pre
-co
nstruction work and will coordinate the scheduling of the same with Lessor. The consent, denial, or response for all requests must be provided in writing within 3 business days. If no response is received by the third business day, Lessee will deem the request as approved to move forward. Lessee’s rent shall increase pursuant to section 4 if applicable. If Lessee determines that the Premises are unsuitable for Lessee's contemplated use, then Lessee shall notify Lessor in writing and this Lease shall terminate effective immediately upon service of the notice on Lessor except for those obligations of Lessee specifically described herein as surviving the termination of this Lease.
b. Le
ssee, at its sole cost and expense and subject to written approval of Lessor, has the right to install, upgrade, modify, service, repair, maintain and operate on the Premises radio communications facilities, including but not limited to, radio frequency transmitting and receiving equipment, batteries, uti lity lines, transmission lines, radio frequency transmitting , and receiving antennas, including mounting equipment ("Lessee's Facilities"). In connection therewith, Lessee, at its sole cost and expense and subject to prior approval by Lessor, has the right to install utility lines and transmission lines connecting antennas to transmitters and receivers. Except as otherwise described in this Lease, title to Lessee's Facilities and any equipment placed on the Premises by Lessee shall be held by Lessee and a ll of Lessee's Facilities shall remain the property of Lessee and are not fixtures. Lessor shall notify Lessee in writing of the anticipated costs 130 OF 155

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to Lessor for review of the foregoing proposed activities by Lessee and Lessee shall deposit the estimated amount with Lessor for payment of Lessor’s costs in reviewing Lessee’s planned activities. To the extent that Lessor’s costs are less than the estimated payment, Lessor shall promptly refund the excess to Lessee without interest. c. Lessor shall provide access to Lessee, Lessee's employees, agents, contractors, and subcontractors to the Premises twenty -four (24) hours a day, seven (7) days a week.

Lessor has full rights of ingress to and egress from the Premises, and hereby grants such rights to Lessee to the extent required to construct, maintain, install, and operate Lessee's Facilities on the Premises. Lessee's exercise of its access rights shall not cause undue inconvenience to Lessor.
d. L
essor grants Lessee a revocable nonexclusive license to use the existing road to access Premises during its tenancy. Lessor shall provide Lessee with required keys and/or gate codes required to access the Premises during its tenancy. e. At Lessee’ s expense, Lessee shall have the right to install or improve utilities on Lessors’ Property or Premises (including, but not limited to, with the prior approval of Lessor, the installation of emergency backup power or to bring utilities across Lessor’s P roperty) in order to service the Premises and Lessee’s Facilities. Upon Lessor’s approval, which may be given or denied in Lessor’s sole discretion, Lessor will execute recordable easement(s) evidencing this right. Lessee shall notify Lessor by electronic mail or phone call if a backup generator is needed, and Lessee will follow up with Lessor the following business day. f. Lessee shall remove all Lessee's Facilities at its sole expense within ninety (9 0) calendar days prior to the effective date of the cancellation, expiration , or termination of this Lease. Lessee shall repair, prior to termination of this Lease at its sole cost and expense and to the reasonable satisfaction of Lessor , any damage to Lessor’s Property and the Premises caused by such removal and shall return Lessor’s Property and the Premises to the condition which existed on the Commencement Date, except for reasonable wear and tear and damages beyond the control of Lessee. If Lessee’s Facilities have not been removed within said ninety (90) calendar days, the Lessee’s Facilities shall be considered “Abandoned Facilities”. Should the Abandoned Facilities remain on the Lessor’s Property or the Premises for an additional ninety (90) calendar days, the City of Wasco shall have the right to remove and/or dispose of the Abandoned Facilities without further notice or obligation to the Lessee and at Lessee’s sole cost and expense. g. L essee shall not permit any mechanics liens or other liens to be filed against the Premises or Lessor’s Property or any stop notices as a result of Lessee’s activities and Lessee agrees that it will cause any such liens so filed to be removed immediately. Lessee, at Lessee’s sole cost and expense, shall repair all damage to the Premises or Lessor’s Property resulting from Lessee’s activities and restore the Premises and Lessor’s Property to its condition existing immediately prior to Lessee’s activities and same shall be repaired promptly to the reasonable satisfaction of Lessor and the foregoing obligation shall survive termination of this Lease.

7. Interference with Communi cations: Lessor will use reasonable efforts to stop any activity upon Lessor's Property in a way that interferes with the communications operations of 131 OF 155

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Lessee. In an effort to avoid such interference, Lessor will make reasonable efforts to have new tenants coordinate with Lessee and Lessor to avoid disruption to all parties as well as disclose proposed frequencies to all parties. If such interference occurs and if Lessor is unable to prevent it with reasonable efforts, Lessee shall have the right to termina te the Lease immediately upon notice to Lessor . Both parties will reasonably accommodate each party’s efforts to mitigate and resolve the interference with each other’s equipment.

8. T ermination: This Lease may be terminated without further liability on one hundred eighty (180) days prior written notice: (i) by either party upon default of any covenant, condition, or term hereof by the other party, which default is not cured within nine ty (90) days of receipt of written notice of default; or (ii) by Lessee if Lessee is unable to occupy or utilize the Premises due to ruling or directive of the FCC or other governmental or regulatory agency, including, but not limited to, a take-back of channels or change in frequencies. In addition to the remedies described herein, in the event of a default by Lessee under (i) above, the Lessor has the remedies described in California Civil Code Section s 1951.2 (a) (worth at the time of award of the unpaid Rent) and 1951.4 (Lessor may continue to lease in effect after Lessee 's breach and abandonment and recover rent as it becomes due.).

9. D amage to or Destruction of Premises :
a. If the Premises or any building comprising the Premises are damaged or destroyed by fire or other casualty and is deemed unsafe, Lessor may terminate this Lease upon written notice to Lessee. In such case, Lessor will refund to Lessee the unearned rent for the then- current month if Lessee or its officers, directors, shareholders, agents, contractors, employees, or equipment are not the cause of the fire or other casualty. Lessor may in its sole discretion, elect to repair or construct the Premises and continue this Lease in effect, in which event the monthly rent paid by Lessee shall be reduced for the part of the Premises of which Lessee is deprived; Lessee shall pay the full rental amounts required once the Premises is repaired and Lessee's ability to utilize the Premises is fully restored.

Lessor shall not be responsible or liable to Lessee for any damages, direct, incidental, consequential, or otherwise that Lessee may suffer as a result of damage to or destruction of the Premises or Lessor’s Property.
b. Lessee shall have access to the Premi ses twenty-four (24) hours a day, seven (7) days a week to make repairs , at Lessee’s sole cost and expense, that may be necessary or advisable on account of fire or other casualty or for the maintenance of the Premises and Lessee’s Facilities.
c. Lessee shall be solely responsible for all damage that Lessee or its contractors, employees, directors, officers, shareholders, agents, or equipment may cause to the Premises or to Lessor’s Property.

10. C
ondemnation : If a condemning authority takes all of Lessor's Property or a portion which in Lessee's opinion is sufficient to render the Premises unsuitable for Lessee's use, then this Lease shall terminate as of the date when possession is delivered to the condemning authority. In any condemnation proceeding each party shall be entitled to make a claim 132 OF 155

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against the condemning authority for just compensation (which for Lessee shall include, the value of Lessee's Facilities, moving expenses, prepaid rent, business dislocation expenses, bonus value of the lease, and any other amounts recoverable under condemnation law). Sale of all or part of the Premises to a purchaser with the power of eminent domain under threat of the exercise of its power of eminent domain ( e.g., the threat of condemnation), shall be treated as a taking by a condemning authority. Any award for the taking of all or any part of the Premises under condemnation or any payment made under threat of the exercise of such power shall be the property of Lessor, whether such award shall be made as compensation for the diminution in value of the leasehold, for taking the property owned by Lessor, or as severance damages; provided, however, Lessee shall be entitled to any award for loss of or damage to Lessee's equipment, trade fixtures, and other personal property and, if applicable, the right to be relocated by the condemner . Notwithstanding any provision hereof to the contrary, Lessee shall have the right to assert with the condemning authority an independent claim for the value of its leasehold interest and its improvements to the Premises.

11. In
surance : Lessee shall maintain throughout the Term and any extension thereof the following insurance: (1) Commercial General Liability with limits of $2,000,000.00 per occurrence, (2) Automobile Liability with a combined singl e limit of $1,000,000.00 per accident, (3) Workers Compensation as required by law, and (4) Employer's Liability with limits of $1,000,000.00 per occurrence. All insurance carried by Lessee shall be primary and non-contributory and Lessor, its officers, councilmembers, and employees shall be named as additional insureds. No cancelation or modification of amount of coverage to Lessee’s policies shall occur without at least fifteen (15) calendar days prior written notice to Lessor. Lessee shall provide Lessor prior to taking possession of the Premises or Lessor’s Property a certificate of insurance showing Lessee’s purchase of the foregoing insurance. Proof of insurance will be provided to Lessor upon request.

12. L
essee's Indemnity : Lessee shall indemnify, d efend, and hold harmless Lessor, its officers, councilmembers, employees, successors and assigns from and against any and all loss, cost, claim, liability, action, damage, injury to or death of any person (including reasonable attorneys' fees ("Claims"): (i) incurred or suffered by Lessee or Lessee's officers, directors, shareholders, contractors, employees, agents, or equipment while on the Premises; (ii) incurred or suffered by parties who are not a party to this Lease and which are caused by any acts or omissions of the Lessee under the terms of this Lease; (iii) incurred or suffered by any party as a result of the equipment installed and/or constructed on the Premises by Lessee; and (iv) arising out of or relating to, directly or indirectly, Lessee’s use or occupancy of the Premises or Lessor’s Property or that of its agents, employees, or contractors, any act, error, omission, negligence, or willful misconduct of Lessee, Lessee’s conducting of its operations on the Premises or Lessor’s Property, any discharge or release of hazardous materials, or any breach or default of Lessee’s obligations under this Lease. Lessee's duty to indemnify shal l not apply to Claims arising solely out of the gross negligence or willful misconduct of Lessor or any violation of law by Lessor or their agents or contractors. 133 OF 155

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a. Survival: The foregoing indemnity in ( 12) will survive the termination, cancellation, or expiration of this Lease.

13. A ssignment : Except as otherwise described herein, Lessee may not assign or sublet this Lease or the Premises or Lessor’s Property or any interest therein without Lessor’s prior written consent which may be given or denied in Lessor’s sole discretion. Notwithstanding the foregoing, Lessee shall have the right to assign its interest hereunder to any entity that owns or acquires all or substantially all of Lessee’s assets or shares of ownership without the consent of Lessor. Lessee shall issue at least a ten ( 10) day notice to Lessor of any such assignment of its interest in this Lease. Lessor may assign this Lease at any time upon ten (10) days' prior notice to Lessee. All the terms and conditions listed in this Lease shall remain the same and in full effect in the event of such assignment.

14. T itle: Lessee has the right to obtain a title report or commitment for a leasehold title policy from a title insurance company of its choice. If, in the opinion of Lessee, such title report shows any defects of title or any liens or encumbrances which may adversely affect Lessee's use of the Premises, Lessee shall have the right to terminate this Lease immediately upon written notice to Lessor.
a. .

15. Q
uiet Enjoyment : Lessee shall have quiet enjoyment of the Premises during the Term of this Lease or any extension of the Term.

16. Rep airs : Lessee at Lessee’s sole cost and expense shall repair all damage to the Premises or Lessor’s Property resulting in whole or in part from Lessee’s activities and restore the Premises and Lessor’s Property to its condition existing immediately prior to Lessee’s activities and same shall be repaired promptly to the reasonable satisfaction of Lessor and the foregoing obligation shall survive termination of this Lease. Reasonable wear and tear are to be expected.

17. M
iscellaneous:
a. If any provision of the Lease is invalid or unenforceable with respect to any party, the remainder of this Lease or the application of such provision to persons other than those as to whom it is held invalid or unenforceable, shall not be affected and each provision of this Lease shall be valid and enforceable to the fullest extent permitted by law. b. This Lease shall be binding on and inure to the benefit of the successors and permitted assignees of the respective parties’ subject to the terms of this Lease. c. All notices under this Agreement shall be in writing and shall be given by personal delivery; or by registered or certified U.S. mail, postage prepaid, return receipt requested; or by email; or by facsimile if transmitted by a machine that produces a transm ission report verifying the date and time of transmission and the telephone number to which transmitted; or by overnight delivery service that issues a receipt and addressed to the appropriate party at the address set forth below. Notice given: (a) by pers onal delivery 134 OF 155

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will be effective upon delivery or refusal of delivery, whichever is earlier, or, if by certified mail, return receipt requested, on the date of signing the return receipt or refusal to sign; (b) by facsimile will be effective on the date shown on the transmission receipt; ( c) by email will be effective when sent ; and ( d) by overnight service will be effective upon delivery or refusal of delivery, whichever is earlier.

Lessor:

With copy to:

City of Wasco
764 E Street
Wasco, CA 93280
Phone: (661) 758-7230
Fax: (661) 758-7239
[email protected]

Isarel Perez-Hernandez
Phone: (661) 758-7230
[email protected]

Scott Hurlbert, City Manager
Phone: (661) 699-2394
[email protected]

Luis Villa (POC for site visits)
Phone (661) 758-7219
[email protected]

Lessee: unWired Broadband, LLC
ATTN: Ravipal Singh
215 W Fallbrook Ave Suite 203121
Fresno, CA 93711
Phone: (559) 421-9278261-4444
Fax: (559) 261-4445
Email: [email protected]

For payment inquires:
unWired Accounts Payable Department
[email protected] Broadband,
LLC
ATTN: Ravipal Singh
215 W Fallbrook Ave Suite 121
Fresno, CA 93711
Phone: (559) 261-4444
Fax: (559) 261-4445
Email: [email protected]
Field Code Changed
Field Code Changed
Formatted: French (France)
Formatted: French (France)
Formatted: English (United States)
Formatted: English (United States)
Formatted: English (United States)
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The L essor or Lessee may from time to time designate any other address for this purpose by written notice to the other party in the manner described herein. d. This Lease shall be governed under the laws of the State of California. The parties agree that the proper venue for any lawsuit involving this Lease shall be the Kern County Superior Court, if in state court, or the United States District Court, Eastern District of California, if in federal court. The prevailing party in any legal claim arising hereunder shall be entitled to its reasonable attorney's fees, litigation expenses, and court costs, including appeals if any.
e. The Parties agree that (i) a digital or electronic signature on this Agreement and/or (ii) a fully executed scanned or electronically reproduced copy or image of this Agreement shall be deemed an original and may be introduced or submitted in any action or proceeding as competent evidence of the execution, terms, and existence hereof notwithstanding the failure or inability to produce or tender an origi nal, manually executed counterpart of this Agreement and without the requirement that the unavailability of such original, manually executed counterpart of this Agreement first be proven.
f.

This agreement which includes all attachments referred to above, constitutes the entire Agreement between the parties and cannot be modified unless all parties come to a mutual agreement and submit said Agreement in writing , signed by all parties, except as permitted by applicable law. Neither party has made any representations or promises other than those set forth herein. By signing below, both parties also agree that any prior agreement between the parties pertaining to the City of Wasco Water Tower Communications Site Lease Agreement shall be null and void and superseded by this agreement.
g. T he captions appearing in this Lease are for convenience only, are not part of this Lease, and shall not be considered in interpreting this Lease. h. This Lease may be executed in counterparts and the respective signatures pages for each party may thereafter be attached to the body of this Lease to constitute one integrated agreement which is as fully effective and binding as if the entire document had been signed at one time.
i. Waiver by a party of any p rovision of this Lease shall not be considered a continuing waiver or a waiver of any other provision, including the time for performance of any such provision.
j. The parties acknowledge that each party and their respective legal counsel have reviewed this Lease and agree that this Lease is the product of negotiations between the parties. This Lease shall be interpreted without reference to the rule of interpretation of documents that uncertainties or ambiguities therein shall be determined against the party so drafting the Lease.
k. E
xcept as otherwise described herein, the parties agree that neither this Lease nor any memorandum of same shall be recorded.
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m. Lessee shall pay prior to delinquency any amount of any tax or assessment imposed on Lessee’s personal property installed on the Premises or Lessor’s Property. n. Lessee shall not interfere or cause to be interfered to the operation of any and all equipment owned or operated by Lessor including piping and light fixtures or the blocking of pipes or light fixtures nor place equipment in the direct path of any light fixtures which radiate light onto the tower or otherwise impede the spread of light to the tower.
o. Lessee shall not cause or permit any hazardous material to be generated, produced, brought upon, used, stored, treated, or disposed in or about the Premises or Lessor’s Property by Lessee, its agents, employees, contractors, or invitees without the prior written consent of Lessor, which consent may be given or reasonably denied by Lessor. In the event of Lessee’s breach of the foregoing, Lessee shall remediate the contamination or injury to person, property, or the environment at Lessee’s sole cost and expense and do so to the satisfaction of all agencies with jurisdiction over same and this obligation of Lessee shall survive the termination of this Lease.

Signatures on the following page.

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IN WITNESS WHEREOF, the parties have executed this lease as of this date first above written.

LESSEE:

unWired Broadband, LLC
a California Limited Liability Company

By: _______________________________
PETER L. SORENSEN, President

Dated: ______________________
LESSOR:

City of Wasco

By: _______________________________
M. SCOTT HURLBERT, City Manager

Dated: ______________________
Dated: ______________________ LESSEE:

unWired Broadband, LLC
a California Limited Liability Company

By: _______________________________
PETER L. SORENSEN, President

Dated: ______________________ LESSOR:

City of Wasco

By: _______________________________
M. SCOTT HURLBERT, City Manager

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EXHIBIT A
LEGAL DESCRIPTION OF LESSOR’S PROPERTY
Lessor’s property of which Premises are a part is legally described as follows:

City of Wasco (Wasco Water Tower) 764
E. Street Wasco, CA 93280
Assessor’s Parcel Number: 030-130-04

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EXHIBIT B

DESCRIPTION OF PREMISES
The location of the Premises within Lessor’s property together with access, ingress, egress, easements, and utilities are more particularly described or depicted as follows:

1. Easements necessary to supply adequate power, telephone, and grounding of the equipment and access to and from Lessee’s facilities from the nearest public right-of-way.

A final drawing or copy of a property survey or site plan depicting the above shall be initialed by Lessor and will replace this Exhibit B.

Notes:

1. This Exhibit may be replaced by a land survey or Site Plan of the Premises once it is received by Lessee.

2. Setback of the Premises from the Land boundaries shall be the distance required by the applicable governmental authorities.

3. The type, number and mounting positions and locations of antennas and transmission lines are illustrative only. Actual types, numbers, mounting positions may vary from what is shown above but shall be limited by the Structural Analysis report results as prescribed in Paragraph 4.b. of this Lease

140 OF 155
.

TO: Honorable Mayor and Council Members

FROM: M. Scott Hurlbert, City Manager

DATE: October 1, 2024

SUBJECT: Adopt a Resolution Authorizing the City Manager or designee to finalize and endorse an Advertising Agreement with The Wasco Tribune.

Recommendation:

Staff recommends the City Council:
1) Adopt a Resolution Authorizing the City Manager or designee to finalize and endorse an Advertising Agreement with The Wasco Tribune; and

Environmental Review:

Background:

The Wasco Tribune / Shafter Press is a locally owned, weekly newspaper serving the Wasco and Shafter communities. Formerly owned and published by Reed Press, in 2018 , the Reed family announce d the shutdown of the paper. At that time, local individuals stepped forward, recognizing the value of an independent local paper, and purchased the name(s) along with the “Adjudicated Legal” status of the publication.

Print media today is under tremendous financial pressure , as most recently exhibited by the changes made at the Bakersfield Californian. Nevertheless, for years the local owners of the Tribune and Press have subsidized operations to keep our local paper circulating.

But our local paper is not immune to the financial challenges facing print media and the owners are once again forced to consider a shutdown.

STAFF REPORT
City of Wasco

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Discussion:

A proposal to purchase a block of print space in the Wasco Tribune has been presented by the paper’s publisher. The cost of the commitment is $24,000 per year. Staff has done an analysis of the proposal with the following findings and conclusions:

1) There is an intrinsic benefit to having a local paper, focused on local issues and providing a first-hand account of civic activity, events, and issues. In a historic al context, locally published newspapers provide an important balance between a community’s citizens and their government. Social media can also contribute to this balance, but is far more volatile. The Tribune proposal also includes access to the paper’s website and social media for the City’s content. 2) The Adjudicated Legal status of the Tribune enables the City (and others) to publish legal notices. This is not true of all local papers. The City’s primary alternative for such notices is the Bakersfield Californian at a significant multiple of the cost. The City spends between $40,000 and $50,000 per year on a combination of Tribune and Californian notices, about one per week on average. If all business was shifted to the Californian, this cost could jump to over $70,000. 3) Access to a block of weekly newspaper space and the real-time Tribune website creates a new communication conduit between the City Government and Wasco Residents. This is complementary to the Council directive regarding social media and will help reach a wider audience.

This proposal is seen as both an opportunity to expand the City’s community communication options, and a strategic opportunity to help preserve a local resource at a nominal cost. From a purely financial standpoint, the advertising investment is likely a break-even at best compared to the absence of a local paper. Staff believes the other benefits noted are worthwhile and is seeking authorization to finalize and endorse this agreement.

The attached proposal contains the essential deal points. With Council approval of this item, the City Manager and City Attorney will integrate these terms into a standard City agreement form for execution by the parties.

Fiscal Impact:

If approved, the proposed terms will result in a current fiscal year expense of $16,000. If the program is continued, the annual cost will be $24,000 per year, plus escalations to be negotiated. The monthly cost will be covered by current advertising budgets. If supplemental funds are required, a request for additional appropriation will be made at the mid-year budget review.

Attachments:

1. Resolution

2. Exhibit “A” - Proposal
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RESOLUTION NO. 2024 -

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO AUTHORIZING THE CITY

MANAGER OR DESIGNEE TO FINALIZE AND ENDORSE AN ADVERTISING AGREEMENT WITH THE WASCO TRIBUNE.

WHEREAS, The City wishes to enter into a bulk advertising agreement allowing City-directed content to be published in the newspaper and Wasco Tribune website; and

WHEREAS The Publisher of the Wasco Tribune / Shafter Press newspaper has proposed an advertising agreement though a deal- points document attached as Exhibit “A”, with terms agreeable to the City; and

WHEREAS, City Staff requests authorization to integrate the proposed deal points into a Standard City Agreement, subject to approval by the City Attorney and the City Manager or designee.

NOW THEREFORE BE IT RESOLVED , by the City Council of the City of Wasco as follows:

SECTION 1: Authorizes the C ity Manager or designee to finalize and endorse an Advertising Agreement based upon the terms contained in Exhibit “A”, with the Wasco Tribune.

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I HEREBY CERTIFY that the foregoing Resolution No. 2024 - was passed and adopted by the Council of the City of Wasco at a regular meeting thereof held on October 1, 2024, by the following vote:

COUNCIL MEMBERS: MEDINA, SALDAÑA, MARTINEZ, RAYA, REYNA AYES:

NOES:

ABSTAIN:

ABSENT:

__________________________

VALENTIN MEDINA
MAYOR of the City of Wasco

Attest:

__________________________________

MONICA FLORES
DEPUTY CITY CLERK and Ex Officio Clerk of
the Council of the City of Wasco

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WASCO TRIBUNE MARKETING PROPOSAL
for the

CITY OF WASCO
The Wasc
o Tribune is proposing a year-long marketing partnership with the City of Wasco in the paper and online. The goals of this partnership would be multifold:

To provide a regular print and online communication resource to the residents of the community. This conduit would reach about 3,000 readers of the paper each week (a distribution of 1,500) and 2,000 website visitors each month in a form they are already using.

To give the city a voice that it controls. Content for this venture would be either provided or approved by the city.

To create material for business development and city marketing. The print and online resources prepared through this partnership would be available to prospective businesses and possible new residents as they do their research into the community, both proactively through city and Chamber of Commerce media packages and on demand and serendipitously through search engines.

To ensure the viability of the Wasco Tribune and WascoTrib.com. The paper was revived over six years ago when local citizens saw its importance, and has been subsidized by local business people with a heart for the city. Increases in costs have necessarily increased these contributions. A plan to bring the paper to at least breakeven is vital to keeping it a going concern.

This arrangement would include these components:

Two full pages in the Wasco Tribune print edition each month. These pages could include, but are not limited to, calendars of city events, features on city activities, proﬁles of city and department leaders and employees, reference information on how to use city services and direct reports to the public. They would be produced by the newspaper staﬀ, with contributions from the city. The city would have ﬁnal approval. This space allocation may be adjusted to ﬁt the city’s needs, perhaps to a half-page weekly rather than every other week.

A dedicated microsite within WascoTrib.com for the year. Content from the print edition would be repurposed in a special section of the web site, along with updated information between print publications, reference material, an archive and links to city information, particularly the city web site.

Banners on the home page of WascoTrib.com for the year. Display ads promoting the page and features on the page would be placed on the main home page.

Commitments
In this partnership, the city would make a ﬁnancial commitment of $2,000 per month -- $24,000 per year – to pay for the space in the print paper. This is more than 25% oﬀ the basic rate for the space alone, not including premium color display and reporting, editing and production resources the paper is making EXHIBIT "A"
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available. The city also would commit to working with the newspaper on providing information to produce the content.

The Wasco Tribune would commit to producing the pages and mi crosite a n d k eeping it up to date on at least a weekly basis. It also would distribute the paper, provide copies to the city and maintain and promote the microsite.

The paper is capable of beginning this partnership as soon as November 1, 2024, or whenever the city ﬁnds it practicable.

Should the arrangement prove unsatisfactory to either the city or the paper, we propose that either side be given 30 days’ notice in which to terminate.

Key
points of proposed agreement
Term. One year, Nov. 1, 2024, to Oct. 31, 2025. Automatic renewal unless 30-day notice of nonrenewal by either party; 30-day notice of termination for any reason otherwise.

Payment. $24,000 annual ﬁxed rate, payable monthly ﬁrst of each month at $2000.00 per month beginning Nov. 1, 2024.

Initial schedule. Digital elements (social media and web site) to begin Nov. 15. Half-page weekly to begin Nov. 21.

About the Wasco Tribune
Founded in 1981, the Wasco Tribune is published each Thursday in print form and is distributed free throughout the city, currently at 30 sites. Paid subscriptions get the paper to interested readers ac ross the county and throughout the country. The paper’s digital site, WascoTrib.com, contains an electronic digital replica edition of the print edition and stories from the published paper, is updated continuously and is available 7/24 on the web and on mobile devices.

The Tribune is the only media oﬀering regular coverage of Wasco-area news, events and sports. All stories in the paper and online are local – focusing on the people who live here and do business here.

The paper reports on public meetings, interviews city and education oﬃcials, proﬁles local businesses, spotlights high sc hool sports, and gives citizens a platform to voice their concerns and praises.

Other media may come through town for the “big stories,” but the Tribune is there for all the stories, helping to build community through communication and solid local journalism.

Updated 9/27/24
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.

TO: Honorable Mayor and Council Members

FROM: M. Scott Hurlbert, City Manager
Luis Villa, Public Works Director

DATE: October 1, 2024

SUBJECT: Conduct a Public Hearing and a dopt a Resolution Amending the Traffic Impact Fee Rate Schedule

Recommendation:

Staff recommends the City Council:
1) Adopt a Resolution amending traffic impact fees rate schedule; and,

Environmental Review:

This action is not a project within the meaning of CEQA Guidelines Section 15378 and i s, therefore, not subject to CEQA since it does not have the potential to result in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. The approval of this agenda item does not commit the City to a definite course of action concerning a project since the action authorized herein may lead to the negotiation of a grant agreement . This proposed activity is, therefore, not subject to CEQA . Any future action connected to this approval that constitutes a project will be reviewed for compliance with CEQA.

Discussion:

Pursuant to Chapter 13.24 of the Wasco Municipal Code, Traffic Impact Fees are to be adjusted annually by reviewing the current April Engineering News Record Construction Cost Index (ENRCCI) from Los Angeles and San Francisco average and comparing it to the previous year’s ENRCCI average for the two cities. When the average of said indices differs from the average of the indices for the preceding April, the factor of increase or decrease shall be applied to the schedule of fees . Such factor shall be computed by dividing the average ENRCCI for the current April by that pertaining to the previous April.

The individual transportation impact fee rates may be multiplied by the factor to determine the adjusted schedule of fees.

STAFF REPORT
City of Wasco

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The increase for this year is calculated as follows:

ENRCCI April 2023: Los Angeles $13,729.03
San Francisco $15,319.85
Average: $14,524.44

ENRCCI April 2024: Los Angeles $ 15,244.84
San Francisco $15,488.96
Average: $15,366.90

Factor: $ 15,366.90 / 14,524.44 = + 1.0580

Current Traffic Impact Fee: $ 112.68 per daily trip

New Traffic Impact Fee: Current Traffic Impact Fee * Factor

$112.68 * 1.0580 = $119.22 per daily trip

The ENRCCI is an index of construction costs that takes into account union wages and the cost of materials. It is a method for tracking public improvement costs. The increase is appropriate for the change in costs for constructing or improving roadways. Therefore, it is recommended that the City follow the statutes of the Traffic Impact Fee Ordinance, setting one public hearing to consider passing a resolution approving the proposed fee increase.

Fiscal Impact:

The amount and type of new development will determine the amount of traffic impact fees collected.

Attachments:

1. Resolution

2. Exhibit A
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RESOLUTION NO. 2024 -

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO AMENDING THE TRAFFIC IMPACT FEE SCHEDULE PURSUANT TO CHAPTER 13.24 OF THE WASCO MUNICIPAL CODE (ORD. 02-469)

WHEREAS, the City Council of the City of Wasco adopted Ordinance 02 -469, adding Chapter 13.24 to the Wasco Municipal Code related to Traffic Impact Fees; and

WHEREAS, Section 13.24.070(B) calls for the City Engineer to adjust fees annually by comparing the average current Engineering News Record Construction Cost Index (ENRCCI) for the Cities of Los Angeles and San Francisco on April 1 of the current year to April 1 of the previous year; and

WHEREAS, the average factor of increase or decrease shall be applied to the schedule of fees by multiplying the current traffic impact fees by said factor; and

WHEREAS, the calculation and proposed new fee schedule is attached Exhibit ‘A’; and

WHEREAS, the Traffic Impact Fees amended by this Resolution have a reasonable relationship between the fee and the type of particular development will have on the City.

NOW THEREFORE BE IT RESOLVED , by the City Council of the City of Wasco as follows:

SECTION 1: That all of the facts in the recitals set forth above are hereby found to be true and that the City Council has jurisdiction in this matter.

SECTION 2: The City Council, pursuant to Chapter 13.24.070 of the Wasco Municipal Code, amends the Traffic Impact Fees as set forth in Exhibit “A, ” which is attached hereto and fully incorporated by this reference.

SECTION 3: The new Traffic Impact Fee schedule shall take effect sixty (60) days after the adoption of this resolution.

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I HEREBY CERTIFY that the foregoing Resolution No. 2024 - was passed and adopted by the Council of the City of Wasco at a regular meeting thereof held on October 1, 2024, by the following vote:

COUNCIL MEMBERS: MEDINA, SALDAÑA, MARTINEZ, RAYA, REYNA AYES:

NOES:

ABSTAIN:

ABSENT:

__________________________

VALENTIN MEDINA,
MAYOR of the City of Wasco

Attest: _______________

__________________________________

MONICA FLORES
DEPUTY CITY CLERK and Ex Officio Clerk of
the Council of the City of Wasco

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EXHIBIT 'A'

Traffic Impact Fee Schedule
Fee Amount and Method of Trip Generation Calculation

Fee

New fee per daily trip $119.22

This fee was adjusted pursuant to Chapter 13.24 of the Wasco Municipal code (Ord. 02- 469).

Calculation of Daily Trip Generation Rates

Daily trip generation rates shall be calculated pursuant to the provisions of Chapter 13.24 of the Wasco Municipal Code (Ord. 02-469) using the Engineering News Record Construction Cost Index (ENRCCI) for Los Angeles and San Francisco.

The increase for this year is calculated as follows:

ENRCCI April 2023: Los Angeles $13,729.03
San Francisco $15,319.85
Average: $14,524.44

ENRCCI April 2023: Los Angeles $15,244.84
San Francisco $15,488.96
Average: $15,366.90

Factor: $15,366.90 / 14,524.44 = + 1.0580

Current Traffic Impact Fee: $112.68 per daily trip
New Traffic Impact Fee: Current Traffic Impact Fee * Factor

$112 . 68 * 1.0580 = $ 119.22 per daily trip
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NOTICE OF PUBLIC HEARING

The City of Wasco City Council will conduct a public hearing on Tuesday, October 1st, 2024, to provide the opportunity for public comment regarding the City’s proposed increase of Traffic Impact Fees. The City will consider the following action:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO AMENDING THE TRAFFIC IMPACT FEE SCHEDULE PURSUANT TO CHAPTER 13.24 OF THE WASCO MUNICIPAL CODE (ORD. 02-469)

The supporting documents may be reviewed during normal business hours at Wasco City Hall, located at 746 8th Street, Wasco, CA 93280. Any person wishing to testify on the above resolution or its adoption may appear before the City Council at their hearing or submit written comments on or before the hearing.

If you challenge this resolution or any aspect of it in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City of Wasco City Hall, 746 8 th Street, Wasco,
CA 93280, at, or prior to the public hearing.

If you need special assistance to participate in the meetings described in this notice, please contact the City Clerk’s Office at (661) 758-7215 to make reasonable arrangements to ensure accessibility to these meetings. Telephone (661) 758- 7215 or via California Relay Service (Hearing Impaired Only). Requests for assistance should be made at least two (2) days in advance whenever possible.

The public hearing will be held on October 1, 2024, at 6:00 p.m., in the Wasco City Council Chambers, at Wasco City Hall, 746 8
th St. If you have any questions, you may
contact City Hall at (661) 758-7214

/s/Maria O. Martinez, City Clerk

Published in the Wasco Tribune September 19, 2024

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Wasco City CouncilOctober 1, 2024

Wasco City Council
October 1, 2024