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SR 05-25-2021 3D 400-005-01 / 1000-001-07 City Council Report City Council Meeting: May 25, 2021 Agenda Item: 3.D 1 of 4 To: Mayor and City Council From: Edward F King, Director, Department of Transportation, Finance & Administrative Services Subject: Adoption of Resolution Authorizing City Manager or Designee to File Application under the State of California's Affordable Housing and Sustainable Communities Program (AHSC Program) Recommended Action Staff recommends that the City Council adopt the attached resolution authorizing the City Manager to submit, jointly with Century Housing Corporation, an application for grant funding to the Affordable Housing and Sustainable Communities Program, which supports reducing greenhouse gas emission through projects that implement land-use, housing, transportation, and agricultural land preservation practices, of which up to $4,457,201 would be used by the City for the purchase of five battery electric buses. Summary Big Blue Bus (BBB) in the City of Santa Monica’s Department of Transportation is committed to providing a safe and sustainable transit option, operating a 100% clean energy fleet, and exploring opportunities to fully convert to zero-emissions vehicles. The State of California’s Affordable Housing and Sustainable Communities (AHSC) Program is one of several programs that are part of the Greenhouse Gas Reduction Fund from the Cap-and-Trade Program to achieve the State’s Greenhouse Gas emission reduction goals. The City’s Department of Transportation is partnering with Century Housing Corporation (Century) to submit a joint application to the AHSC Program. The application includes a request of up to $4,457,201 towards the procurement of five (5) new battery-electric buses. Staff is requesting the Council’s approval and adoption of the resolution to apply for these funds. Discussion The AHSC Program furthers the purpose of California Assembly Bill (AB) 32 (Chapter 488, Statues of 2006), Senate Bill (SB) 375 (Chapter 728, Statues of 2008), and SB 32 3.D Packet Pg. 31 2 of 4 (Chapter 249, Statues of 2016) by investing in projects that reduce Greenhouse Gas (GHG) emissions by, among other things, supporting more compact, infill development patterns, encouraging active transportation and transit usage, and protecting agricultural land from sprawl development. The AHSC Program is administered by the California Strategic Growth Council. The California Department of Housing and Community Development implements the transportation, housing, and infrastructure components of the AHSC Program. The AHSC Program provides grants to projects that achieve GHG emission reductions and benefit Disadvantaged Communities, Low-Income Communities, and Low-Income Households through increasing availability of affordable housing, employment centers, and Key Destinations via low-carbon transportation resulting in fewer vehicle miles traveled through shortened or reduced vehicle trip length or mode shift to transit, bicycling or walking. In 2018, the U.S. Department of Veteran Affairs (VA) selected the West LA Veterans Collective, LLC made up of three (3) developers -- Century Housing, Thomas Safran & Associate, and U.S. VETS -- to transform 70 acres on the West LA VA Campus into a vibrant community with more than 1,450 units of permanent supportive housing for homeless and at-risk Veterans and their families. The plan envisions the new construction and the historically sensitive adaptive reuse of more than 20 buildings over the next 15 years into 1,450+ units of multi-family housing for homeless and at-risk Veterans and their families. In addition to housing, there will also be more than 100,000 square feet of space for community-wide amenities and services. This holistic and cohesive neighborhood will provide Veterans with close access to healthcare on the VA campus as well as providing wrap-around services to promote recovery, wellness, and a more helpful future. Century has reached out to the City’s Department of Transportation to submit a joint application for this grant opportunity, as the expansion of Big Blue Bus Route 14 from Playa Vista to Westchester/Veteran's Station in Inglewood would provide a new high- quality connection from Inglewood to West Los Angeles/Santa Monica, and specifically 3.D Packet Pg. 32 3 of 4 to the West Los Angeles Veterans Administration (VA) Campus where the housing project site is located. The application requests up to $4,457,201 in funding which would go towards purchasing five new battery-electric buses. The City’s Department of Transportation would provide a 10% match of $495,244 since the total cost of five new battery-electric buses is $4,952,445 (or $990,489 each). These battery-electric buses are expected to operate on Route 14. City Council adopted Vision 2030, which commits the BBB to a 100% zero emission fleet by 2030. BBB has already taken steps to introduce battery electric buses into the fleet. BBB took delivery of its first 40-foot battery electric transit vehicle in July 2019 and an additional 18 battery electric buses are in production and delivery is anticipated between May and December 2021. With more than 170 fixed route buses identified for replacement with electric buses, BBB continues to be vigilant in seeking outside grant opportunities to replace its fleet. The housing portion of the project will consist of the adaptive reuse and historically sensitive rehabilitation of two existing buildings (156 and 157) and 112 units of permanent supportive housing, common areas, and amenities for Veterans and their families. The unit mix is made up of 96 studios, 14 one-bedroom units, and two (2) two- bedroom manager’s units. Building 156 will be three (3) stories in height and Building 157 will be two (2) stories in height. Amenities will include a large community room, fitness room, lounge, laundry room, teaching kitchen, and ample outdoor space. Offices for property management and resident services will be incorporated into the design. West LA VA Buildings 156 and 157 will be a supportive housing development that will be reserved exclusively for Veterans on a non-age restricted basis. It is expected that 100% of the units at this development (excluding the two managers’ units) will feature a project-based voucher and residents will pay 30% of their income in rent. In addition to funding the battery-electric buses and the affordable housing development, the project is proposing more than 0.5 miles of context-sensitive bikeway and over 2,000 linear feet of a safe and accessible walkway on the West Los Angeles VA Campus. 3.D Packet Pg. 33 4 of 4 If awarded, the City and the developer will enter into an indemnification agreement where the developer will indemnify the City for the developer’s portion of project compliance and responsibilities. Past Council Actions Meeting Date Description January 28, 2020 (attachment A) Receive and File Short Range Transit Plan and Adoption of Resolution Authorizing the City Manager to Apply for and Execute Related Grant Agreements October 22, 2019 (attachment B) Award Contract with Gillig LLC for Purchase of Battery Electric Buses Financial Impacts and Budget Actions There is no immediate financial impact or budget action necessary as a result of this specific action. Match funds are set aside in the event this grant is awarded. Staff will return to Council if awarded and/or specific budget actions are required in the future. Prepared By: Enny Chung, Sr. Admin Analyst - Grants Approved Forwarded to Council Attachments: A. Staff Report - Short Range Transit Plan and Adoption of Resolution Authorizing the City Manager to Apply for and Execute related Grant Agreements (Web Link) B. Staff Report - Award Contract with Gillig LLC for Purchase of Battery Electric Buses (Web Link) C. AHSC Round 6 Final Guidelines D. CenturyTeam Fact Sheet E. Proposed Resolution 3.D Packet Pg. 34 AFFORDABLE HOUSING AND SUSTAINABLE COMMUNITIES PROGRAM ROUND 6 FY 2019-2020 PROGRAM GUIDELINES February 24, 2021 3.D.c Packet Pg. 35 Attachment: AHSC Round 6 Final Guidelines (4504 : Resolution Authorizing AHSC Grant Application) Round 6 FY 2019-20 AHSC Program Guidelines - 2 - February 24, 2021 TABLE OF CONTENTS Article I. AHSC General Overview ....................................................................................... 3 Section 100. Purpose and Scope .................................................................................... 3 Section 101. AHSC Program Overview ........................................................................... 4 Article II. Program Requirements and Procedures .............................................................. 6 Section 102. Eligible Projects .......................................................................................... 7 Section 103. Eligible Costs .............................................................................................. 9 Section 104. Assistance Terms and Limits .................................................................... 18 Section 105. Eligible Applicants..................................................................................... 21 Section 106. Program Threshold Requirements............................................................ 22 Section 107. Scoring Criteria ......................................................................................... 28 Section 108. Application Process .................................................................................. 43 Article III. Legal and Reporting Requirements ................................................................... 47 Section 109. Legal Documents ...................................................................................... 47 Section 110. Reporting Requirements ........................................................................... 51 Section 111. Performance Requirements ...................................................................... 54 Section 112. Defaults and Cancellations ....................................................................... 55 Section 113. Prevailing Wages ...................................................................................... 56 Appendix A. Definitions ................................................................................................. 57 Appendix B. Federally Recognized Native American Tribe Eligibility ............................ 68 Appendix C. Awardee Publicity Guidelines ................................................................... 70 Note: Defined terms are bolded throughout the document. Refer to Appendix A for complete definitions. 3.D.c Packet Pg. 36 Attachment: AHSC Round 6 Final Guidelines (4504 : Resolution Authorizing AHSC Grant Application) Round 6 FY 2019-20 AHSC Program Guidelines - 3 - February 24, 2021 Article I. AHSC General Overview Section 100. Purpose and Scope (a) The purpose of these Program Guidelines is to implement Division 44, Part 1 of the Public Resources Code (PRC) (commencing with Section 75200), which establishes the Affordable Housing and Sustainable Communities (AHSC) Program, hereinafter referred to as the AHSC Program. (b) The purpose of the AHSC Program is to reduce greenhouse gas (GHG) emissions through projects that implement land-use, housing, transportation, and agricultural land preservation practices to support infill and compact development, and that support related and coordinated public policy objectives, including the following: (1) reducing air pollution; (2) improving conditions in disadvantaged communities; (3) supporting or improving public health and other co-benefits as defined in Section 39712 of the Health and Safety Code; (4) improving connectivity and accessibility to jobs, housing, and services; (5) increasing options for mobility, including the implementation of the Active Transportation Program established pursuant to Section 2380 of the Streets and Highway Code; (6) increasing transit ridership; (7) preserving and developing affordable housing for lower income households, as defined in Section 50079.5 of the Health and Safety Code; and (8) protecting agricultural lands to support infill development. 3.D.c Packet Pg. 37 Attachment: AHSC Round 6 Final Guidelines (4504 : Resolution Authorizing AHSC Grant Application) Round 6 FY 2019-20 AHSC Program Guidelines - 4 - February 24, 2021 Section 101. AHSC Program Overview The AHSC Program furthers the purposes of AB 32 (Chapter 488, Statutes of 2006), SB 375 (Chapter 728, Statutes of 2008), and SB 32 (Chapter 249, Statutes of 2016) by investing in projects that reduce GHG emissions by supporting more compact, infill development patterns, encouraging active transportation and transit usage, and protecting agricultural land from sprawl development. The Greenhouse Gas Reduction Fund (GGRF), an account established to receive proceeds from Cap-and-Trade auctions, provides funding for the AHSC Program. The Cap-and-Trade Program, a key strategy for achieving the GHG emission reduction goals of AB 32, issues a limited number of GHG emissions permits (called allowances) each year. A portion of these allowances can be purchased from the State at quarterly auctions, thereby generating auction proceeds. These State auction proceeds are then deposited in the GGRF, where they become available for appropriation by the Legislature to further the purposes of AB 32. The AHSC Program is administered by the California Strategic Growth Council (Council or SGC). The Department of Housing and Community Development (Department) will implement the transportation, housing and infrastructure components of the AHSC Program. The Council staff will coordinate efforts with Department staff, working with the California Air Resources Board (CARB) and the Council to administer the broader AHSC Program, including developing program guidelines, evaluating applications, preparing agreements, monitoring agreement implementation, and program reporting. ▪ The Council will coordinate with CARB to develop and incorporate consistent guidance in the following areas, which will apply to all GGRF programs, including the AHSC Program: o Expenditure records to ensure investments further the goals of AB 32. o SB 535 (Chapter 830, Statutes 2012) and AB 1550 requirements to maximize benefits to Disadvantaged Communities, Low-Income Communities, and Low-Income Households. o Consistent methodologies for quantifying GHG reductions and other economic, environmental and public health co-benefits. o Project tracking and reporting. The AHSC Program provides grants and/or loans to projects that achieve GHG emission reductions and benefit Disadvantaged Communities, Low-Income Communities, and Low-Income Households through increasing accessibility of affordable housing, employment centers and Key Destinations via low-carbon transportation resulting in fewer vehicle miles traveled (VMT) through shortened or reduced vehicle trip length or mode shift to transit, bicycling or walking. Three Project Area types have been identified to implement this strategy: 1) Transit-Oriented Development (TOD) Project Areas, 2) Integrated Connectivity Project (ICP) Project Areas, or 3) Rural Innovation Project Areas (RIPA). AHSC award funds will be allocated through a competitive process, based on the merits of applications submitted and the proposed use of funds within the identified Project Area. The threshold requirements and application selection criteria focus on the extent to which 3.D.c Packet Pg. 38 Attachment: AHSC Round 6 Final Guidelines (4504 : Resolution Authorizing AHSC Grant Application) Round 6 FY 2019-20 AHSC Program Guidelines - 5 - February 24, 2021 developments realize the AHSC Program’s objectives of reducing GHG emissions, benefiting Disadvantaged Communities, Low-Income Communities, and Low-Income Households, providing affordable housing, demonstrating project readiness, and meeting other policy considerations. Disadvantaged Community Benefits In June 2018, using the updated results from CalEnviroScreen 3.0, the California Environmental Protection Agency (CalEPA) identified Disadvantaged Communities to include census tracts that fall within the top 25 percent of CalEnviroScreen 3.0, plus an additional 22 census tracts that score in the highest 5 percent of CalEnviroScreen’s Pollution Burden but do not have an overall CalEnviroScreen score because of unreliable socioeconomic or health data. AB 1550 has also created investment requirements for Low-Income Communities and Low-Income Households. In July 2018, CARB approved the Funding Guidelines for Agencies Administering California Climate Investments that will provide criteria to evaluate whether a project provides a benefit to a Disadvantaged Community, Low-Income Community, or Low-Income Household. These guidelines can be found here:. A Project that is located in and provides benefits to a Disadvantaged Community, Low- Income Community, or Low-Income Households may receive priority for funding in order to meet the AHSC Program Disadvantaged Community and Low-Income Community funding requirements. Projects’ Disadvantaged Community and Low- Income Community status are based upon the location of their AHSC funded Affordable Housing Development. 3.D.c Packet Pg. 39 Attachment: AHSC Round 6 Final Guidelines (4504 : Resolution Authorizing AHSC Grant Application) Round 6 FY 2019-20 AHSC Program Guidelines - 6 - February 24, 2021 Article II. Program Requirements and Procedures Figure 1: AHSC Program Summary Project Area Types Transit-Oriented Development (TOD) Project Area Integrated Connectivity Project (ICP) Project Area Rural Innovation Project Area (RIPA) Transit Requirements (All Project Areas) §102 ▪ MUST include Qualifying Transit ▪ Qualifying Transit includes various forms of Rail Service, Bus Service and Flexible Transit Service. ▪ All Project Areas MUST also include a Transit Station/Stop, served by at least one Qualifying Transit line departing two or more times during Peak Hours (unless it is Flexible Transit Service). This level of service must have been publicly posted by the provider at some point between January 2020 and the time of application. Note: ICP/RIPA projects that propose addition of High Quality Transit will remain eligible as an ICP/RIPA. Project Area Specific Transit Requirements §102 ▪ MUST be served by High Quality Transit ▪ Headway frequency of 15 minutes or less during Peak Hours ▪ Must operate on a railway or be a Bus Rapid Transit (BRT) service that either fully or partially operates on a dedicated bus-only lane ▪ CANNOT be served by High Quality Transit ▪ CANNOT be served by High Quality Transit ▪ MUST be located within a Rural Area Required AHSC Funded Components §102 & §103 ▪ At least fifty (50) percent of AHSC Program funds MUST be used for Affordable Housing (which includes Affordable Housing Developments or Housing Related Infrastructure) AND ▪ At least one other type of Eligible Capital Project or Program Cost ▪ At least fifty (50) percent of AHSC Program funds MUST be used for Affordable Housing (which includes Affordable Housing Developments or Housing Related Infrastructure) ▪ AHSC Program funds MUST be used for Sustainable Transportation Infrastructure AND Affordable Housing (which includes Affordable Housing Developments or Housing Related Infrastructure) Eligible Capital Projects or Program Costs §103 ▪ Affordable Housing Developments (AHD) ▪ Housing Related Infrastructure (HRI) ▪ Sustainable Transportation Infrastructure (STI) ▪ Transportation-Related Amenities (TRA) ▪ Programs (PGM) Affordable Housing Development Requirements §103 Affordable Housing Developments may be: ▪ New construction ▪ Acquisition and Substantial Rehabilitation including preservation of affordable housing at-risk ▪ Conversion of one or more nonresidential structures to residential dwelling units Funds Available §108 Target 35 percent of available funds to TOD Project Areas Target 35 percent of available funds to ICP Project Areas Target 10 percent of available funds to RIPAs Target a project from a Federally Recognized Native American Tribe, an eligible entity having co- ownership with a Federally Recognized Native American Tribe, or an eligible entity established by a Federally Recognized Native American Tribe to undertake Tribal housing projects Project Awards §104 All Project Area Types are subject to the following minimum and maximum award amounts: Maximum: $30 Million Minimum: $1 Million Statutory Funding Set-asides §108 ▪ 50 percent of the AHSC Program expenditures shall be for Affordable Housing (Health & Safety Code § 39719(a)(1)(C)) ▪ 50 percent of AHSC Program expenditures shall be for projects located within and providing benefits to Disadvantaged Communities (Public Resources Code § 75214) Note: A single project can address both set-asides above and set-asides are not mutually exclusive. 3.D.c Packet Pg. 40 Attachment: AHSC Round 6 Final Guidelines (4504 : Resolution Authorizing AHSC Grant Application) Round 6 FY 2019-20 AHSC Program Guidelines - 7 - February 24, 2021 Section 102. Eligible Projects The AHSC Program is designed to implement GHG emissions reductions through a reduction of vehicle miles travelled (VMT), or fewer and shorter auto-trips. The AHSC Program will fund integrated land use and transportation projects supporting low-carbon transportation options. Promoting mode shift to low-carbon transportation will require strategies that link residential areas, major employment centers and other Key Destinations to accessible, reliable, affordable, safe and comfortable transit and active transportation options. (a) All applicants are required to define a Project Area. The Project Area is the area which encompasses transit, housing and destinations and is the area in which AHSC Program funds will be invested. Each Project Area must: (1) Be a contiguous area included within a distinct planning area in a local or regional planning document(s) or transit service area (2) Include at least one Transit Station/Stop consistent with the requirements set forth in (c) or (d) below; and (3) Be of a defined size consistent with one of the following: (A) For Project Areas with fixed transit routes, the defined Project Area begins with a one (1) mile radius from the identified Transit Station/Stop. The Project Area will extend by a 1/2 mile buffer around all Sustainable Transportation Infrastructure so long as the Project Area remains contiguous. (B) For Project Areas with Flexible Transit Service routes, the defined Project Area must be defined based on the identified service area of the transit line. (C) For Project Areas which include a Transit Corridor or bicycle network or both, the defined Project Area must be identified in a plan, i.e. general plan, bicycle master plan or transit corridor implementation plan. (b) The AHSC Program includes three eligible Project Area types as defined below: (1) Transit-Oriented Development (TOD) Project Areas, (2) Integrated Connectivity Project (ICP) Project Areas, and (3) Rural Innovation Project Areas (RIPA). All projects regardless of Project Area type must demonstrate VMT reduction through fewer or shorter vehicle trips or incentivize mode shift to transit use, bicycling or walking within transit areas, with an emphasis on integration of or development of affordable housing, and with an emphasis on providing Disadvantaged Community or Low-Income Community benefits. There are several differentiating requirements between each Project Area type, as described below. 3.D.c Packet Pg. 41 Attachment: AHSC Round 6 Final Guidelines (4504 : Resolution Authorizing AHSC Grant Application) Round 6 FY 2019-20 AHSC Program Guidelines - 8 - February 24, 2021 (c) TOD Project Areas must demonstrate all of the following: (1) Include at least one (1) Transit Station/Stop served by High Quality Transit at the time of application submittal; (2) Include an Affordable Housing Development located no farther than one-half mile from a Transit Station/Stop served by High Quality Transit. While the TOD Project Area must include an Affordable Housing Development, it may be funded from sources other than the AHSC Program but must meet the requirements of Section 103 (a)(1)(A) through (C); and (3) Include Capital Projects or Program Costs as follows: (d) ICP Project Areas must meet all of the following: (1) Include at least one (1) Transit Station/Stop (2) Include an Affordable Housing Development served by at least one (1) mode of Qualifying Transit that does not meet the requirements of High Quality Transit at the time of application submittal; and (3) Include Capital Projects or Program Costs as follows: Affordable Housing Developments must be located within one-half mile of a Transit Station/Stop by the time a certificate of occupancy is provided. (e) RIPAs must meet all the requirements detailed in Section 102(d) above for an ICP Project Area and must be located within a Rural Area. 3.D.c Packet Pg. 42 Attachment: AHSC Round 6 Final Guidelines (4504 : Resolution Authorizing AHSC Grant Application) Round 6 FY 2019-20 AHSC Program Guidelines - 9 - February 24, 2021 Section 103. Eligible Costs The AHSC Program funds Capital Projects and eligible Program Costs within TOD, ICP and RIPA Project Areas consistent with requirements of Section 102(c), (d) and (e) as follows: Note: Each Capital Project or Program Cost must be unique to a single application and cannot be split over multiple applications. Examples of Eligible Costs within each category of eligible Capital Projects and Program Costs are identified in Figure 3 below: Figure 3: Eligible Cost Examples AHD/ HRI STI TRA PGM Construction or Substantial Rehabilitation of affordable housing X Installation of internet broadband trunk line or fixed wireless infrastructure X Installation of new or improved walkways that improve mobility and access of pedestrians X Installation of new or improved bikeways that improve mobility and access of cyclists X Installation of new or improved pedestrian crossings or over- crossings X Non-capacity increasing streetscape improvements, including, but not limited to the installation of lighting, signage, or other related amenities for pedestrians, cyclists and transit riders X Street crossing enhancements including installation of accessible pedestrian signals X Traffic calming projects including development of curb extensions, roundabouts, median islands, "road diets," lane narrowing projects X Signage and way-finding markers X 3.D.c Packet Pg. 43 Attachment: AHSC Round 6 Final Guidelines (4504 : Resolution Authorizing AHSC Grant Application) Round 6 FY 2019-20 AHSC Program Guidelines - 10 - February 24, 2021 Figure 3 (continued): Eligible Cost Examples AHD/HRI STI TRA PGM Installation of traffic control devices to improve safety of pedestrians and bicyclists X Street furniture (e.g. benches, shade structures, etc.) X Bicycle repair kiosks X Publicly accessible bicycle parking X Bike sharing infrastructure and fleet X Bicycle carrying structures on public transit X Development of a dedicated bus lanes as part of a BRT project X Development and/or improvement of transit facilities or stations X X Transit related equipment to increase service or reliability X Transit Signal Priority technology systems X Real-time arrival/departure information systems X Installation of at-grade boarding infrastructure X Development or improvement of shelters or waiting areas at transit station/stops X Transit ticket machine purchase or improvements X Transit passenger amenities - e.g. Wi-Fi access X Transit Vehicle Procurement for service expansion, including expansion beyond service levels offered during the COVID-19 pandemic X Transit Operations for service expansion, including expansion beyond service levels offered during the COVID-19 pandemic X Station area signage X Energy Efficiency and Renewable Energy X X X Open Network or transit vehicle only ZEV Charging Infrastructure X X X Water Efficiency X X X Urban Greening X X X Pedestrian and bicycle safety education programs X Development and publishing of community walking and biking maps, including school route/travel plans X Development and implementation of "walking school bus" or "bike train" programs X School crossing guard training programs X Bicycle clinics X Public outreach efforts to increase awareness and understand the needs of active transportation users X Bike sharing program operations X Ride and/or car share programs X Transit subsidy programs X Education and marketing of transit subsidy programs X 3.D.c Packet Pg. 44 Attachment: AHSC Round 6 Final Guidelines (4504 : Resolution Authorizing AHSC Grant Application) Round 6 FY 2019-20 AHSC Program Guidelines - 11 - February 24, 2021 Transportation Demand Management (TDM) programs X Air pollution exposure reduction program X Workforce development partnerships X Tenant legal counseling services X (a) Capital Projects (1) Affordable Housing Development Capital Projects (A) Affordable Housing Development Capital Projects must: (i) Consist of one or more of the following: a. New Construction b. Acquisition and Substantial Rehabilitation (including preservation of affordable housing at-risk of conversion to market rate). The acquisition must be made through a bona fide sale or transfer from the existing ownership entity to the new ownership entity comprised of a completely disparate ownership structure, which contains no common entity interest at any level of the organizational structure. c. Conversion of one or more nonresidential structures to residential dwelling units; Note: Re-syndication of an Affordable Housing Development is not an eligible Capital Project. (ii) Be located within one-half (½) mile from a Transit Station/Stop that meets the Project Area transit requirements as defined in Section 102(c) or (d). The one-half (½) mile is to be measured from the nearest boarding point of the Transit Station/Stop to the entrance of the residential structure in the Affordable Housing Development furthest from the Transit Station/Stop along a walkable route. The walkable route, after completion of the proposed Project, shall be free of negative environmental conditions that deter pedestrian circulation such as barriers, stretches without sidewalks or walking paths, noisy vehicular tunnels, streets, arterials or highways without regulated crossings that facilitate pedestrian movement, minimize stretches without shade or cover, or stretches without lighted streets; (iii) Rental Affordable Housing Developments must include at least 20 percent of the total residential units as Affordable Units with an overall Project average affordability of all Restricted Units within the Project no greater than 50 percent represented by Area Median Income (AMI). Average affordability means the total number of Restricted Units multiplied by each restricted affordability level divided by the total Restricted Units. For example, for a 30-unit 3.D.c Packet Pg. 45 Attachment: AHSC Round 6 Final Guidelines (4504 : Resolution Authorizing AHSC Grant Application) Round 6 FY 2019-20 AHSC Program Guidelines - 12 - February 24, 2021 Project with 10 units restricted to 40 percent and 10 units restricted to 60 percent AMI the calculation of the average affordability would be as follows: 10 units @ 40% AMI → 10 x 40 = 400 10 units @ 60% AMI → 10 x 60 = 600 400 + 600 = 1000 1000/ 20 total Restricted Units = average affordability of 50% Homeownership Affordable Housing Developments must include at least 20 percent of the total residential units as Affordable Units with an overall Project average affordability of all Restricted Units within the Project no greater than 80 percent represented by Area Median Income (AMI). and; (iv) Have a minimum Net Density, upon completion of the Affordable Housing Development, not less than that shown on the following table: a. Mixed-use Affordable Housing Developments may demonstrate consistency with the Net Density requirements through either the unit per acre or Floor Area Ratio requirements detailed in Figure 4. b. Acquisition and Substantial Rehabilitation (including preservation of affordable housing at-risk of conversion to market rate housing) are exempt from the above minimum density requirements but shall not result in fewer units or lower percentage of total affordability than currently exists except where reductions in unit count are required to meet building code requirements. (v) Must supply at least one (1) Secure Overnight Bicycle Parking spot for every two residential units that is not publicly accessible and is completely enclosed. Bicycle parking at the Affordable Housing Development will be considered an eligible cost but may not be used to meet required Project Area components as outlined in Section 102. 3.D.c Packet Pg. 46 Attachment: AHSC Round 6 Final Guidelines (4504 : Resolution Authorizing AHSC Grant Application) Round 6 FY 2019-20 AHSC Program Guidelines - 13 - February 24, 2021 (B) Affordable Housing Development Capital Projects may: (i) Include residential units that are rental or owner-occupied, or a combination of both; (ii) Consist of scattered sites constituting a single, integrated Affordable Housing Development that meets the requirements set forth by Section 8303(b) of the Uniform Multifamily Regulations (UMRs); or (iii) Include nonresidential uses that are compatible under local zoning. (C) Eligible costs for Affordable Housing Development Capital Projects are limited to: (i) Costs for a Housing Development, as specified in Section 7304 (a) and (b) of the MHP Guidelines dated June 19, 2019 (“MHP Guidelines”). Section 7304 (b) (10) the reasonable developer fee subject to the applicable TCAC Regulations dated December 21, 2020 and the provisions of Section 7305 except that 7305(b)(2) is replaced with the following: For Projects utilizing 4 percent tax credits, the developer fee paid from development funding sources shall not exceed the amount in Title 4 CCR, Section 10327 (c)(2)(A). (ii) Soft costs such as those incidentally but directly related to construction or other pre-development components including, but not limited to, planning, engineering, construction management, architectural, and other design work, required mitigation expenses, appraisals, legal expenses, and necessary easements. Soft costs shall not exceed 10 percent of costs associated with the funding request for the AHD Capital Project. (iii) Each AHSC application may budget up to 2 percent of their total funding request for Employment Benefits and Outcomes Reporting. This amount will scale with the size of the Applicant’s funding request. Applicants should consider the size of their loan and grant funded project components when allocating this item into capital cost budgets. Employment Benefits and Outcomes Reporting costs are not included within the soft costs cap. (D) Affordable Housing Development and Housing Related Infrastructure Capital Projects must comprise at least fifty (50) percent of total AHSC funds requested. (E) For AHSC application purposes, a Project may not contain more than one Affordable Housing Development Capital Project. A single Affordable Housing Development Capital Project may not include more than one Affordable Housing Development, nor may it include an Affordable Housing Development that contains multiple development sites when one development site is receiving 4 percent low-income 3.D.c Packet Pg. 47 Attachment: AHSC Round 6 Final Guidelines (4504 : Resolution Authorizing AHSC Grant Application) Round 6 FY 2019-20 AHSC Program Guidelines - 14 - February 24, 2021 housing tax credits, and another is receiving 9 percent low-income housing tax credits, or when the multiple development sites are each receiving separate 4 percent low-income housing tax credits. An application proposing an Affordable Housing Development with both 4 percent low-income housing tax credits and 9 percent low-income housing tax credits, or with multiple 4 percent low-income housing tax credits, will be disqualified on the grounds that it is not proposing a Project within the meaning and design of the AHSC Program. To the extent such tax credit scenarios are contemplated, they shall constitute two separate and independent Projects, each of which must submit an entirely separate application and qualify independently of the other. (i) The purpose of this language is to clarify which types of Project structures are eligible within a single AHSC application and award. This reinforces AHSC’s directive to SGC, HCD, and CARB to identify and fund unified, cohesive Projects which interdependent components truly work together to create reductions in VMTs and ultimately GHG emissions. Adjustments that may occur to an application’s scope resulting from seeking multiple low-income housing tax credits would likely impact said Project’s score, impacting the competitive process. As such, Projects contemplating multiple low-income housing tax credits should apply as two individual applications or apply as an application which contains one Affordable Housing Development that intends to seek a single low-income housing tax credit. (2) Housing-Related Infrastructure Capital Projects (A) Eligible costs for Housing-Related Infrastructure Capital Projects are limited to: (ii) Capital improvements required by a Locality, transit agency, or special district as a condition to the approval of the Affordable Housing Development. (iii) Soft costs such as those incidentally but directly related to construction or other pre-development components including, but not limited to, planning, engineering, construction management, architectural, and other design work, required mitigation expenses, appraisals, legal expenses, and necessary easements. Soft costs shall not exceed 10 percent of costs associated with the HRI Capital Project. (iv) Each AHSC application may budget up to 2 percent of their total funding request for Employment Benefits and Outcomes Reporting. This amount will scale with the size of the Applicant’s funding request. Applicants should consider the size of their loan and grant funded project components when allocating this item into 3.D.c Packet Pg. 48 Attachment: AHSC Round 6 Final Guidelines (4504 : Resolution Authorizing AHSC Grant Application) Round 6 FY 2019-20 AHSC Program Guidelines - 15 - February 24, 2021 capital cost budgets. Employment Benefits and Outcomes Reporting costs are not included within the soft costs cap. (v) Required environmental remediation necessary for the Capital Project where the cost of the remediation does not exceed 50 percent of AHSC Program grant funds. (vi) Real property acquisition of the Housing-Related Infrastructure project site and associated fees and costs (not to exceed 10 percent of the total AHSC Program award). Real estate commissions for purchase or acquisition are not an eligible expenditure. (vii) Impact fees required by local ordinance are eligible for funding only if used for the identified eligible Capital Project not to exceed 15 percent of the AHSC Program award up to $300,000. (B) Affordable Housing Development and Housing Related Infrastructure Capital Projects must comprise at least fifty (50) percent of total AHSC funds requested. (3) Sustainable Transportation Infrastructure Capital Projects (including Active Transportation and transit infrastructure) (A) Eligible costs for Sustainable Transportation Infrastructure Capital Projects are limited to: (i) Capital improvements that result in the improvement or addition of infrastructure that encourages mode-shift by enhancing: 1) public transit access; 2) pedestrian network; or 3) bicycle network (includes public bike-share infrastructure and fleet) within the defined Project Area meeting the transit requirements detailed in Section 102 (c) or (d). (ii) Soft costs such as those incidentally but directly related to construction or project plans, specifications and estimates including, but not limited to, planning, engineering, construction management, architectural, and other design work, environmental impact reports and assessments, appraisals, legal expenses, and necessary easements. Soft costs shall not exceed 30 percent of costs associated with the STI Capital Project. (iii) Each AHSC application may budget up to 2 percent of their total funding request for Employment Benefits and Outcomes Reporting. This amount will scale with the size of the Applicant’s funding request. Applicants should consider the size of their loan and grant funded project components when allocating this item into capital cost budgets. Employment Benefits and Outcomes Reporting are not included within the soft costs cap. 3.D.c Packet Pg. 49 Attachment: AHSC Round 6 Final Guidelines (4504 : Resolution Authorizing AHSC Grant Application) Round 6 FY 2019-20 AHSC Program Guidelines - 16 - February 24, 2021 (iv) Activity Delivery Costs that are associated with the implementation of the Capital Project not to exceed 10 percent of the costs associated with the Capital Project. (v) Operations expenditures for up to 5 years that directly expand transit service, including expansion beyond service levels offered during the COVID-19 pandemic, by supporting new, restored, or expanded routes and may include wages, fueling, maintenance, and other costs to operate those services. (vi) Other Capital Project costs required as a condition of local approval for the Capital Project, as approved by the Department. (B) The total combined grant amount for Sustainable Transportation Infrastructure Capital Projects and Transportation-Related Amenities Capital Projects within a Project Area shall not exceed $10,000,000. (4) Transportation-Related Amenities Capital Projects (A) Transportation-Related Amenities must be publicly accessible. (B) Eligible costs for Transportation-Related Amenities Capital Projects are limited to: (i) Capital improvements that are publicly accessible and provide supportive amenities to cyclists, pedestrians, and transit riders (i.e. bike parking, bus shelter, benches, street trees, etc.) within the defined Project Area meeting the transit requirements detailed in Section 102 (c) or (d). (ii) Soft costs such as those incidentally but directly related to construction project plans, specifications and estimates including, but not limited to, planning, engineering, construction management, architectural, and other design work, environmental impact reports and assessments, appraisals, legal expenses, and necessary easements. Soft costs shall not exceed 10 percent of costs associated with the TRA Capital Project. (iii) Each AHSC application may budget up to 2 percent of their total funding request for Employment Benefits and Outcomes Reporting. This amount will scale with the size of the Applicant’s funding request. Applicants should consider the size of their loan and grant funded project components when allocating this item into capital cost budgets. Employment Benefits and Outcomes Reporting costs are not included within the soft costs cap. (iv) Activity Delivery Costs that are associated with the implementation of the Capital Project not to exceed 10 percent of the costs associated with the Capital Project. 3.D.c Packet Pg. 50 Attachment: AHSC Round 6 Final Guidelines (4504 : Resolution Authorizing AHSC Grant Application) Round 6 FY 2019-20 AHSC Program Guidelines - 17 - February 24, 2021 (v) Other Capital Project costs required as a condition of local approval for the Capital Project, as approved by the Department. (C) The total combined grant amount for Sustainable Transportation Infrastructure Capital Projects and Transportation-Related Amenities Capital Projects within a Project Area shall not exceed $10,000,000. (b) Program Costs (1) Program Costs include those costs typically associated with 1) program creation or 2) expansion of existing programs to serve new populations or offer new program service and implementation. Eligible costs may include operational costs for programs for the term of the grant (3 years). Programs include education, outreach and training programs for Active Transportation or transit ridership; air pollution exposure reduction; workforce development partnerships; tenant legal counseling services; and outreach, education, and subsidy to low-income residents for ZEV car sharing. (A) Tenant legal counseling services cannot be provided by the Developer, building manager, or related entity and must be offered through a third party. (2) The total grant amount for Program Costs within a Project Area shall not exceed 30 percent of the funding request for the overall Project up to $500,000. Costs incurred for required transit passes or cards described in Section 106 (4) will not contribute to this cap. (c) Ineligible costs include all of the following: (1) Costs are not eligible for funding if there is another feasible, available source of committed funding for the Project portion thereof to be funded by the AHSC Program or if the cost is incurred prior to AHSC Program award; (2) Routine maintenance or operations of transportation infrastructure including the general transit fleet, not including maintenance or operations associated with AHSC funded transit service expansion, including expansion beyond service levels offered during the COVID-19 pandemic; (3) In lieu fees for local inclusionary housing programs; (4) Ongoing operational costs beyond the term of the grant (three years) for Program Costs; and (5) Costs associated with automobile or motorcycle parking (excluding electric vehicle charging infrastructure). (6) Costs and fees associated with the ongoing provision of internet service. 3.D.c Packet Pg. 51 Attachment: AHSC Round 6 Final Guidelines (4504 : Resolution Authorizing AHSC Grant Application) Round 6 FY 2019-20 AHSC Program Guidelines - 18 - February 24, 2021 Section 104. Assistance Terms and Limits (a) The maximum AHSC Program loan or grant award, or combination thereof, for a TOD, ICP and RIPA Project Area is $30 million with a minimum award of $1 million. (b) Loans for rental Affordable Housing Developments, or the rental portions of an Affordable Housing Development, are subject to the following terms: (1) AHSC Program funds will be provided as a loan for permanent financing by the Department to the owner of the Affordable Housing Development, with the same terms as the Department’s MHP Program financing as set forth in Section 7308 of the MHP Guidelines. (2) The maximum loan amount shall be calculated pursuant to Section 7307 of the MHP Guidelines based on the number of Restricted Units in the Affordable Housing Development, affordability, unit sizes, and location in addition to the base amount for loan calculation as follows: $95,000 for projects receiving 9 percent tax credits and $175,000 for projects not receiving 9 percent tax credits. A manager’s unit will be considered to be a Restricted Unit for the purpose of allocating Affordable Housing Development costs and may qualify for a loan amount up to the amount applicable to the 60 percent AMI level. (3) Unless contradictory to any other provision expressly set forth herein, the currently adopted and applicable UMRs as may be amended from time to time, all as set forth in the CCR, Title 25, commencing with Section 8300 (“UMRs”) are hereby incorporated by reference in their totality into these Guidelines. (4) Use of multiple Department funding sources on the same Assisted Units (subsidy stacking) is prohibited. “Department funding sources” shall mean loan or grant funds awarded for permanent funding of development costs (which shall not include funds specifically designated for capitalized operating or operating subsidy reserves) under the following programs: (A) Supportive Housing Multifamily Housing program; (B) MHP; (C) Veterans Housing and Homelessness Prevention program; (D) No Place Like Home Program, including funds awarded either by the Department or an Alternative Process County; (E) Affordable Housing and Sustainable Communities program - Affordable Housing Development loans, but not grants for Housing Related Infrastructure, Sustainable Transportation Infrastructure, Transportation Related amenities or Program Costs, all as defined in the program guidelines; 3.D.c Packet Pg. 52 Attachment: AHSC Round 6 Final Guidelines (4504 : Resolution Authorizing AHSC Grant Application) Round 6 FY 2019-20 AHSC Program Guidelines - 19 - February 24, 2021 (F) Transit Oriented Development program – rental housing development loans, but not grants for infrastructure; (G) Joe Serna, Junior Farmworker Housing Grant program; (H) SB 2 Farmworker Housing Program; (I) Housing for a Healthy California program, including funds awarded either by the Department of Housing and Community Development or a county. (c) Grants shall be subject to the following terms: (1) The applicant must demonstrate that the grant will not result in a profit that exceeds the commercially reasonable range for other developments of similar size and level of risk. (2) AHSC Program grant funds will be disbursed as reimbursed progress payments only after the execution of the Standard Agreement in the amount not to exceed the AHSC Program award of funds. (3) Costs incurred prior to award are not eligible for reimbursement. (4) If the Capital Project grant includes multiple phases or developments, all entitlements and construction funding commitments for the first phase must be received prior to the initial disbursement of AHSC funds. (5) For Housing-Related Infrastructure Capital Project grants: (A) The total Housing-Related Infrastructure Capital Project grant amount is $35,000 per residential rental unit in the proposed Affordable Housing Development, or $50,000 per rental Restricted Unit. (B) Conditions precedent to the first disbursement of AHSC Program funds shall include receipt of all required public agency entitlements and all construction funding commitments for the Affordable Housing Development supported by the Housing-Related Infrastructure Capital Project. (C) Rental Affordable Housing Developments supported by the Housing- Related Infrastructure Capital Project shall be subject to a recorded covenant ensuring affordability for duration of at least 55 years, recorded on the fee interest of the real property on which the rental Affordable Housing Development is to be located. (D) Homeownership Affordable Housing Developments supported by the Housing-Related Infrastructure Capital Project shall be subject to a recorded covenant with a duration of at least 30 years that includes either a resale restriction or equity sharing upon resale, recorded on the fee interest of the real property on which the homeownership Affordable Housing Development is to be located. 3.D.c Packet Pg. 53 Attachment: AHSC Round 6 Final Guidelines (4504 : Resolution Authorizing AHSC Grant Application) Round 6 FY 2019-20 AHSC Program Guidelines - 20 - February 24, 2021 (E) For homeownership Affordable Housing Developments, AHSC Program assistance will be provided in the form of a grant from the Department to a Locality or Developer. It will be disbursed as reimbursed progress payments for Eligible Costs incurred for the construction of Housing Related Infrastructure required as a condition of approval of the homeownership Affordable Housing Development, made available for sale to qualified first-time homebuyers. The maximum first-time homebuyer grant amount is calculated to match the maximum loan amount pursuant to Section 7307 of the MHP Guidelines based on the number of Restricted Units in the Affordable Housing Development, affordability, unit sizes, and location in addition to the base amount of $175,000. Restricted Units with affordability greater than 60 percent but no greater than 80 percent will have maximum first-time homebuyer grant amounts calculated according to matching unit sizes and location with affordability of 60 percent represented by AMI. Prior to any disbursement, an affordability covenant will be recorded against the fee interest in the property of the Affordable Housing Development. At the time of sale of the Restricted Unit to a qualified first-time homebuyer, either the affordability covenant or a resale restriction will be recorded against the Restricted Unit for a period of not less than 30 years from the date of recordation. 3.D.c Packet Pg. 54 Attachment: AHSC Round 6 Final Guidelines (4504 : Resolution Authorizing AHSC Grant Application) Round 6 FY 2019-20 AHSC Program Guidelines - 21 - February 24, 2021 Section 105. Eligible Applicants (a) Eligible Applicants (1) Eligible applicant entities shall include any of the following: (A) A Locality, public housing authority, redevelopment successor agency, transit agency or transit operator, Regional Transportation Planning Agency (RTPA), local Transportation Commission, Congestion Management Agency, Joint Powers Authority (JPA), school district, facilities district, University or Community College District. (i) For STI or TRA components only, an applicant may provide an executed agreement with a specific Locality or transportation agency non-applicant for the completion of the STI or TRA components of the AHSC Project for which funding is sought. (B) A Developer or Program Operator. (C) A Federally Recognized Native American Tribe whose Project meets requirements listed in detail in Appendix B. (2) A special purpose entity formed and controlled by the Developer, and which will serve as the ultimate borrower of AHSC loan funds, is not an eligible Applicant. A special purpose entity ultimate borrower may be listed on the AHSC Program application in the appropriate, designated fields for listing such a borrower entity. (3) Where a Public Agency has a real property interest in the proposed Project, the application must include the Public Agency as a joint applicant or otherwise include a commitment to enter into a contractual agreement to develop the Project, if it is awarded. (4) Joint applicants for the Project will be held jointly and severally liable for the completion of the Project. (A) A Recipient of Department funds must remain liable for performing all requirements of the award of funds as set forth in the Standard Agreement. Where there are multiple Recipients, all such Recipients must remain jointly and severally liable to the Department for that performance. Notwithstanding the foregoing, Recipients may indemnify each other by entering into agreements with one another as to particular portions of the award. In no event will any such agreement alter, amend, or revoke each individual Recipient’s obligations to the Department, including the joint and several liability. 3.D.c Packet Pg. 55 Attachment: AHSC Round 6 Final Guidelines (4504 : Resolution Authorizing AHSC Grant Application) Round 6 FY 2019-20 AHSC Program Guidelines - 22 - February 24, 2021 Section 106. Program Threshold Requirements (a) Application Threshold Requirements In addition to requirements detailed in Sections 102 through 105, to be eligible for AHSC Program funding, an application shall demonstrate to the Department all of the following: (1) The proposed Project will achieve a reduction in GHG emissions through fewer vehicle miles travelled (VMT), pursuant to the most recent AHSC Program Quantification Methodology, available on the California Air Resources Board’s Climate Change Investments (CCI) Quantification, Benefits and Reporting Materials webpage . This must be evidenced by completed GHG Benefits Calculator tool, described in the AHSC Application, displaying VMT and GHG reductions for each Project component. (2) The proposed Project supports the implementation of the applicable Sustainable Community Strategy (SCS), as confirmed by the Metropolitan Planning Organization (MPO), or similar sustainable planning document in non- MPO regions, as required by Public Resources code section 75210 et seq. The application must be consistent with activities or strategies identified in the regional SCS, or similar planning document that demonstrate a per capita reduction in VMT and GHG. (3) The proposed Project must be consistent with the State Planning Priorities established pursuant to Section 65041.1 of the Government Code. (4) All proposed Affordable Housing Developments must provide free transit passes, reloadable transit cards, or discounted passes priced at no more than half of retail cost. At least one (1) pass or card shall be made available for each Restricted Unit for at least 3 years. The card or pass should have a minimum value of 40 average commute length rides a month as determined by the transit agency. These passes or cards may be paid for with AHSC funding. (5) Applicants of all proposed Affordable Housing Developments must certify that the development will be smoke free and demonstrate compliance by submitting a Smoke Free Housing lease addendum prior to construction loan closing. (6) The AHSC funded components of the Project must: (A) Incorporate more than one Urban Greening feature with dedicated maintenance for at least two years. Applicants must propose at least $200,000 in reasonable direct Urban Greening costs. (B) Include adequate lighting in accordance with local, state, and federal design standards and requirements for all publicly accessible components of the Project including active transportation routes and transit stations or stops. 3.D.c Packet Pg. 56 Attachment: AHSC Round 6 Final Guidelines (4504 : Resolution Authorizing AHSC Grant Application) Round 6 FY 2019-20 AHSC Program Guidelines - 23 - February 24, 2021 (7) The Project must demonstrate a level of committed funding at time of application that is 90 percent or greater calculated by the following equation: AHSC funds requested + Enforceable Funding Commitments (EFCs) – Deferred Costs Total Development Cost – Deferred Costs Note: HRI grant requests for Homeownership Affordable Housing Developments will not be counted as part of this equation, and therefore are exempt from this EFC threshold. (8) Completion and approval or adoption of all necessary environmental clearances including those required under the California Environmental Quality Act (CEQA) and if applicable, the National Environmental Policy Act (NEPA). All applicable time periods for filing appeals or lawsuits have lapsed within 30 days after the application due date with lawsuits or appeals resolved. Proof of NEPA clearance is shown through an Authority to Use Grant Funds document. (A) STI or TRA components of a Project are not required to certify completion and demonstration of approval of environmental clearances (NEPA or CEQA) as stated in (8) above until prior to the initial disbursement of grant funds. (B) Applicants are not required to complete any necessary environmental clearances prompted exclusively by rental and/or operating subsidies prior to the AHSC application deadline. (9) Applications must demonstrate that all necessary discretionary local land use approvals, excluding design review, have been granted within 30 days of the application due date. (10) The application must be sufficiently complete to assess the feasibility of the proposed project and its compliance with AHSC Program and application requirements. For example, the applicant must demonstrate that the Project is financially feasible as evidenced by documentation including, but not limited to, a market study, project pro-forma, sources and uses statement, proposed operating budget, multi-year pro-forma, or other feasibility documentation that is standard industry practice for the type of proposed Affordable Housing Development. A market study that meets the requirements specified in the TCAC Regulations Section 10322(h)(10) will be accepted by the Department. (11) The applicant or Developer of the Project must demonstrate Site Control sufficient to ensure the timely commencement of the Project as determined by the Department. (12) Applicants must demonstrate experience by providing evidence of at least two projects that are similar to the proposed AHSC Project in scope and size, which have been completed by the applicant, or joint applicant, during the ten years preceding the application due date. If an Applicant relies upon the experience of its principal to meet the Applicant experience requirements, 3.D.c Packet Pg. 57 Attachment: AHSC Round 6 Final Guidelines (4504 : Resolution Authorizing AHSC Grant Application) Round 6 FY 2019-20 AHSC Program Guidelines - 24 - February 24, 2021 documentation of the principal’s experience is required as set forth in the application, in addition to recent project evidence described in the previous sentence. (A) For STI or TRA components only, an applicant may demonstrate the requisite experience (as detailed above) by using the past experience of work completed of a Locality or Transportation Agency non-applicant so long as the applicant can provide an executed agreement with that specific Locality or transportation agency non-applicant for the completion of the STI or TRA components of the AHSC Project for which funding is sought. (13) As of the date of application, the applicant(s), the Project, or the real property on which the Project is proposed may not be party to or the subject of any claim or action in the state or federal courts that affects or potentially affects the feasibility of the project. Further, the applicant(s) shall disclose and describe any claim or action undertaken by or against the applicant(s), the Project or the Property which affects or potentially affects the feasibility of the Project. (14) Construction of the Project has not commenced as of the application deadline set forth in the NOFA. (15) Qualifying Transit must be completed and offering service to the Transit Station/Stop of the Project Area by the time set forth in the Standard Agreement, but in no case later than the issuance of the certificate of occupancy for the Affordable Housing Development. (16) Demonstrate consistency with State Relocation Assistance Law (CA Gov Code Sec. 7260-7277). (17) The Housing Element for the jurisdiction in which the Project is located must be in substantial compliance by the date of award recommendation. Housing Element in substantial compliance means the local public entity’s adopted housing element is in substantial compliance as demonstrated by a letter from the Department which sets forth findings that the housing element adopted within the time frames required by Section 65588 of the Government Code includes that substance essential to every requirement of Article 10.6, commencing with Section 65580, of Chapter 3 of Division I of Title VII of the Government Code. A jurisdiction’s current housing element compliance status can be obtained by referencing the Department’s website. Projects located on Trust Land, as defined in Appendix B(a)(1), (2), are exempt from this requirement. (18) Applications must integrate applicable climate adaptation measures as described in Section 107(o). (19) The applicant must demonstrate that costs for any Project or component thereof will not result in loss or conversion of agricultural or other working lands or natural resource lands for other uses. The Project site must not be 3.D.c Packet Pg. 58 Attachment: AHSC Round 6 Final Guidelines (4504 : Resolution Authorizing AHSC Grant Application) Round 6 FY 2019-20 AHSC Program Guidelines - 25 - February 24, 2021 designated as agricultural land according to the State Department of Conservation’s Farmland Mapping and Monitoring Program (FMMP) Tool. An exemption to the FMMP designation may be allowed for applications that submit documentation that substantiates a description of an Infill Site. (20) Applications requesting AHSC Program funding for Affordable Housing Developments and Housing-Related Infrastructure Capital Projects must also demonstrate to the satisfaction of the Department all the following: (A) Rental Affordable Housing Developments must meet the underwriting standards in the UMRs and MHP Guidelines Section 7312. (B) The Affordable Housing Development and/or Housing-Related Infrastructure Capital Project(s) are infeasible without AHSC Program funds, and other committed funds are not and will not be supplanted by AHSC Program funds. (C) Proposed Projects involving new construction or Substantial Rehabilitation and requiring the demolition of existing residential units are eligible only if the number of bedrooms in the new Project is at least equal to the number of bedrooms in the demolished structures, with equal or greater affordability. The new affordable units may exist on separate parcels provided all parcels are part of the same Project meeting the requirements of the UMRs Section 8303 (b). (i) The Department may approve Projects involving new construction or Substantial Rehabilitation and requiring the demolition of existing residential units that result in a number of bedrooms less than the number in the demolished structures where it determines that such approvals will substantially improve the livability of the remaining units, or serve some other compelling public policy objective, as long as the reduction does not result in more than 25 percent fewer units upon Project completion. (D) If the Affordable Housing Development and/or Housing-Related Infrastructure Capital Project(s) involves the demolition of existing units that are affordable to lower-income households, the application must demonstrate the replacement of demolished units, comparable in size, of equal or greater affordability and equal to or greater than the number of the demolished affordable units located within comparable access to transit and include first right of return to displaced residents. (E) Applicants must demonstrate the proposed Affordable Housing Development is consistent with State and Federal Fair Housing requirements including duties to affirmatively further fair housing. (F) Where approval by a local public works department, or other responsible local agency, is required for the Housing-Related Infrastructure Capital Project, the application must include a statement from that department 3.D.c Packet Pg. 59 Attachment: AHSC Round 6 Final Guidelines (4504 : Resolution Authorizing AHSC Grant Application) Round 6 FY 2019-20 AHSC Program Guidelines - 26 - February 24, 2021 indicating that the Housing-Related Infrastructure Capital Project is consistent with all applicable local rules, regulations, codes, policies and plans enforced or implemented by that Department. (21) Applications requesting AHSC Program funding for Sustainable Transportation Infrastructure and/or Transportation-Related Amenities Capital Projects must satisfy all the following: (A) Where approval by a local public works department, or other responsible local agency, is required for the Project, the application must include a statement from that entity indicating that the Sustainable Transportation Infrastructure and/or Transportation-Related Amenities Capital Project(s) is consistent with all applicable local rules, regulations, codes, policies and plans enforced or implemented by that entity. (B) If the Sustainable Transportation Infrastructure and/or Transportation-Related Amenities Capital Project(s) involves the demolition of existing units that are affordable to lower-income households, the application must demonstrate the replacement of demolished units, comparable in size, of equal or greater affordability and equal to or greater than the number of the demolished affordable units located within comparable access to transit and include first right of return to displaced residents. (i) The no net loss requirements contained in section 106(a)(20)(C) of these Guidelines apply to Sustainable Transportation Infrastructure or Transportation-Related Amenities Capital Projects occurring on a property which includes a parcel, or any portion of a parcel, on which (1) residential dwelling units affordable to lower income households currently exist, or (2) there have been dwelling units restricted to lower-income households that have been vacated or demolished within the five year period preceding the application. (22) Applications requesting AHSC Program funding for Program Costs must also demonstrate to the satisfaction of the Department all the following: (A) The Program Costs are infeasible without AHSC Program funds, and other committed funds are not being supplanted by AHSC Program funds (23) All proposed AHSC Project components are subject to all applicable codes, including the California Building Standards Code (CCR, Title 24). The 2019 edition of this code, effective January 1, 2020, requires mechanical ventilation systems with high efficiency filtration of Minimum Efficiency Rating Value (MERV) 13. (24) Outreach and education on reducing potential health impacts of air pollution must be provided to residents of Affordable Housing Developments. Local 3.D.c Packet Pg. 60 Attachment: AHSC Round 6 Final Guidelines (4504 : Resolution Authorizing AHSC Grant Application) Round 6 FY 2019-20 AHSC Program Guidelines - 27 - February 24, 2021 health departments, air districts, and nonprofits may provide useful resources for this requirement. (25) Projects must meet the accessibility requirements specified in the TCAC regulations, as may be amended and renumbered from time to time. Exemption requests, as provided for in the TCAC regulations, must be approved in writing by the Department prior to the start of construction. Projects must also provide a preference for accessible units to persons with disabilities requiring the features of the accessible units in accordance with TCAC regulations. The applicant or Developer of the Project must ensure that any other applicable federal, state, and local accessibility requirements are met. (26) Projects involving new construction, acquisition and Substantial Rehabilitation, or conversion of nonresidential structures to residential dwelling units must be capable of accommodating broadband service with at least a speed of 25 megabits per second for downloading and 3 megabits per second for uploading (25/3). Internet service and its ongoing fee is not required. (A) Projects should provide a conduit from the public right of way or property line and provide pathways, wiring, cables, and other necessary infrastructure extended to each unit and public common space to provide a broadband connection. (B) For some rural areas, other technologies like fixed wireless, might offer the highest caliber connection. All applicants should consult with their local jurisdictions about their broadband infrastructure planning, as well as existing internet service providers in the area. 3.D.c Packet Pg. 61 Attachment: AHSC Round 6 Final Guidelines (4504 : Resolution Authorizing AHSC Grant Application) Round 6 FY 2019-20 AHSC Program Guidelines - 28 - February 24, 2021 Section 107. Scoring Criteria AHSC Program funds will be allocated through a competitive process, based on the merits of the application to support sustainable development that expands and improves transit, walking and bicycling infrastructure and provides opportunities to reduce VMT by supporting connectivity between housing and destinations to bring about reduction of GHG emissions. The scoring criteria is divided by three categories, for a total of 100 points: 1. GHG Reductions Scoring (30 points) 2. Quantitative Policy Scoring (55 points) 3. Narrative-Based Policy Scoring (15 points) Applications meeting threshold requirements as detailed in Section 106 will be reviewed and scored based upon the detailed criteria as described in Figure 5 below. The narrative- based policy scoring section of the application will be scored only for projects that obtain over 50 percent of the total points available (at least 43 of the 85 other available Quantitative and GHG-related points). Projects that are not scored for Narrative are not eligible for award. All of the scoring criteria will be applied to all Projects, regardless of the project components present in each specific Project. To receive points related to a specific Project component, the component must be at least partially funded through AHSC (e.g. an applicant can only receive points related to an Affordable Housing Development when requesting AHD or HRI funds). Figure 5: AHSC Scoring Elements and Criteria Criteria Points GHG Reductions Scoring GHG Transit 5 GHG Housing, Active Transportation, and Renewable Energy 10 GHG Efficiency 15 Quantitative Policy Scoring Active Transportation Improvements 10 Green Buildings and Renewable Energy 10 Housing and Transportation Collaboration 9 Location Efficiency and Access to Destinations 6 Funds Leveraged 4 Anti-Displacement Strategies 6 Local Workforce Development and Hiring Practices 3 Housing Affordability 5 Programs 2 Narrative-Based Policy Scoring Collaboration & Planning 4 Community Benefit & Engagement 6 Community Climate Resiliency 3 Community Air Pollution Exposure Mitigation 2 3.D.c Packet Pg. 62 Attachment: AHSC Round 6 Final Guidelines (4504 : Resolution Authorizing AHSC Grant Application) Round 6 FY 2019-20 AHSC Program Guidelines - 29 - February 24, 2021 (a) Estimated GHG Emissions Reductions – 30 Points Maximum For this section, applications will be scored based on the estimated GHG emission reductions based on: 1) the transit Project GHG emission reductions; 2) the housing, active transportation, and renewable energy Project GHG emission reductions; AND 3) cost efficiency of total estimated GHG emission reductions per AHSC dollar. Each of these scoring methods will represent a maximum of 5, 10, and 15 points of the total combined 30 points available under this criterion, respectively. Note: While up to 5 points are available for GHG emission reductions from transit Projects, the 15 points for cost efficiency of total estimated GHG emissions reductions will also be strongly affected by transit Projects. On average, GHG reductions from transit Projects make strong contributions to total Project GHG Emissions Reductions in a cost- effective manner. Applications will be awarded points for Project GHG Emissions Reductions according to the following process: (1) For each Project, applicants will estimate GHG emission reductions using the most recent AHSC Benefits Calculator Tool, available on the California Air Resources Board’s (CARB) CCI Quantification, Benefits, and Reporting Materials webpage. (A) Transit Project GHG emission reductions will represent the GHG emission reductions associated with AHSC funded new or expanded transit service, capital improvements, or fare reductions as estimated through the AHSC Benefits Calculator Tool and reviewed by State agency staff. For reductions associated with a single transit vehicle purchase, more than 50 percent of the vehicle cost must be funded by AHSC to be eligible for GHG quantification. (i) In the case that multiple transit vehicles of a single mode type are purchased, all but one vehicle must be funded entirely by AHSC while the additional vehicle shall have more than 50 percent, but less than total cost, funded by AHSC in order to be eligible for quantification. (B) Applicants are required to adhere to guidance published by CARB and SGC regarding GHG emission reductions estimates, including on how to estimate ridership growth. Guidance will be posted to CARB’s CCI Quantification, Benefits, and Reporting Materials webpage and SGC’s AHSC Resource Page, possibly in the form of a Questions and Answers document. (C) Housing, active transportation, and renewable energy Project GHG emission reductions will represent the GHG emission reductions associated with AHSC funded Affordable Housing Developments and residential transit subsidies, solar photovoltaic (PV) electricity generation, new bicycle facilities and walkways, and new or expanded bikeshare as 3.D.c Packet Pg. 63 Attachment: AHSC Round 6 Final Guidelines (4504 : Resolution Authorizing AHSC Grant Application) Round 6 FY 2019-20 AHSC Program Guidelines - 30 - February 24, 2021 estimated through the AHSC Benefits Calculator Tool and reviewed by State agency staff. (D) Cost efficiency of estimated GHG emission reductions will be calculated by the following formula: Total Project GHG Emission Reductions AHSC $ Request Total Project GHG Reduction score will represent the total GHG emission reductions estimated through the AHSC Benefits Calculator Tool. Note: For phased projects, only the current phase (the phase seeking AHSC funding) of a project will be quantified. (2) All applications will be ranked from highest to lowest within each Project Area type for all of the transit Project GHG emission reductions; housing, active transportation, and renewable energy Project GHG emissions reductions; and the Efficiency of Reductions score. (3) Each application will be assigned to one of five bins representing one fifth of the total number of applications in ranked order with each bin receiving an assigned point score, up to a maximum of (1) 5 points for transit Project GHG emission reductions; (2) 10 points for housing, active transportation, and renewable energy Project GHG emission reductions; and (3) 15 points for cost efficiency of estimated GHG emission reductions, as follows: Transit Bin Scoring Affordable Housing, Active Transportation, and Renewable Energy Bin Scoring Cost Efficiency of GHG Reductions Bin Scoring Bin 1 = 5 points Bin 1 = 10 points Bin 1 = 15 points Bin 2 = 4 points Bin 2 = 8 points Bin 2 = 12 points Bin 3 = 3 points Bin 3 = 6 points Bin 3 = 9 points Bin 4 = 2 points Bin 4 = 4 points Bin 4 = 6 points Bin 5 = 1 points* Bin 5 = 2 points Bin 5 = 3 points *Transit Projects that result in a net increase in emissions will be placed in Bin 5 but receive 0 points for transit Project GHG emission reductions. (4) Bin scores for (1) transit Project GHG emission reductions; (2) housing, active transportation, and renewable energy Project GHG emission reductions; and (3) cost efficiency of estimated GHG emission reductions, will be combined to determine final GHG emission reduction criteria score as follows: 3.D.c Packet Pg. 64 Attachment: AHSC Round 6 Final Guidelines (4504 : Resolution Authorizing AHSC Grant Application) Round 6 FY 2019-20 AHSC Program Guidelines - 31 - February 24, 2021 Transit Bin Scoring Affordable Housing, Active Transportation, and Renewable Energy Bin Scoring Cost Efficiency of GHG Reductions Bin Scoring Bin 1 = 5 points Bin 1 = 10 points Bin 1 = 15 points Bin 2 = 4 points Bin 2 = 8 points Bin 2 = 12 points Bin 3 = 3 points + Bin 3 = 6 points + Bin 3 = 9 points Bin 4 = 2 points Bin 4 = 4 points Bin 4 = 6 points Bin 5 = 1 points* Bin 5 = 2 points Bin 5 = 3 points *Transit Projects that result in a net increase in emissions will be placed in Bin 5 but receive 0 points for transit Project GHG emission reductions. Note: For the purposes of calculating the points used to determine the GHG emission reductions score for the TOD, ICP, and RIPA targets, projects will be binned within their Project Area Type, and therefore will only compete within their project area type for the first 80 percent of appropriated funding per Section 108. (b) Active Transportation Improvements – 10 Points Maximum (1) Up to 2 points for the total length (in linear miles) of AHSC funded Context Sensitive Bikeways as follows: ▪ 2 points for over half a mile ▪ 1 point for less than half a mile (2) 1 point for Projects that link the Affordable Housing Development or Qualifying Transit Station or Stop to an existing bicycle network or a bicycle network identified official public planning documents. The existing or planned bicycle network must be directly linked by a new Context Sensitive Bikeway funded by AHSC that has an entry point within one quarter mile of either the Affordable Housing Development or Qualifying Transit Station or Stop. The existing or planned bicycle network does not have to be comprised of Context Sensitive Bikeways. (3) Up 2 points (1 point per improvement) for projects that address barriers to safe access of bicycle routes. Documentation must be provided to certify that the Project will do at least one of the following in an attempt to increase bicycle safety and access: ▪ reduce vehicular speed or volume near bicycle users; ▪ improve sight distance and visibility; ▪ eliminate potential conflict points; ▪ improve compliance with traffic laws; or ▪ address any other barriers to cyclists that may have existed on the route. Quantitative Policy Scoring – 55 Points 3.D.c Packet Pg. 65 Attachment: AHSC Round 6 Final Guidelines (4504 : Resolution Authorizing AHSC Grant Application) Round 6 FY 2019-20 AHSC Program Guidelines - 32 - February 24, 2021 (4) Up to 2 points for the length of AHSC funded Safe and Accessible Walkways as follows: ▪ 2 points for over 2,000 feet ▪ 1 point for 1,000 to 1,999 feet Indicate the measured length (in feet) of new or replaced sidewalk. STI improvements that will make walkways safe and accessible (e.g., through sidewalk replacement) will be measured for the distance of the entire block face on which the infrastructure improvement will be made so long as the entire distance of its walkway will then meet the AHSC definition of Safe and Accessible Walkway. Safe and accessible crosswalk improvements, which are STI, can be measured for the crosswalk distance plus the distance of one block face to which it connects, so long as the block face is a Safe and Accessible Walkway. TRA improvements that will create Safe and Accessible Walkways will be measured according to the length of sidewalk directly improved (ex: provided shade to, illuminated). Unimproved distances of walkways in-between TRA improvements will not be measured. (5) 1 point for Projects that provide a pedestrian crossing point that directly links two pedestrian networks that are unlinked for one quarter mile along a walkable route (i.e. no connecting point for one quarter mile). Examples include overpasses, underpasses, and placement of sidewalk where none previously existed. At-grade crosswalks are not eligible for this point. (6) Up to 2 points for projects that address barriers to safe access of pedestrian routes. Documentation must be provided to certify that the Project will do at least one of the following in an attempt to increase pedestrian safety and access: reduce vehicular speed or volume near pedestrians, improve sight distance and visibility, eliminate potential conflict points, improve compliance with traffic laws, or address any other barriers to pedestrians that may have existed on the route. One point will be awarded for each addressed site of a barrier(s) to safe pedestrian access. (c) Green Buildings and Renewable Energy - 10 Points Maximum (1) 3 points will be awarded for Projects that are designed to achieve green building status beyond State mandatory building code requirements as verified by a certified LEED Green rater, certified Green Point rater, or licensed engineer. Applicants may select from the following green building certification programs: 3.D.c Packet Pg. 66 Attachment: AHSC Round 6 Final Guidelines (4504 : Resolution Authorizing AHSC Grant Application) Round 6 FY 2019-20 AHSC Program Guidelines - 33 - February 24, 2021 Certifications for residential construction: Program Tier CalGreen Tier 2 LEED Gold Green Point Rated New Construction: Gold Rehabilitation: Whole Building ENERGY STAR Certified Home Living Future Challenge Living Building Certifications for non-residential construction: Program Tier CalGreen Tier 2 LEED Gold (2) Up to 7 points will be awarded for Affordable Housing Developments, or Mixed Use Developments in the case that non-residential uses are included, that incorporate electric design, as detailed below: ▪ 3 points for Affordable Housing Developments, or Mixed Use Developments that achieve near electrification – projects where two out of three of the major energy appliances (cook stoves, space heating, water heating) are electric. Projects must be wired to be electric ready, defined as having 240 volts outlets near each gas appliance. ▪ 7 points for Affordable Housing Developments or Mixed Use Developments that are powered entirely through electricity with no connections to natural gas infrastructure. (d) Housing and Transportation Collaboration - 9 Points Maximum (1) Up to 6 points for applications with an AHSC funds request of at least $1,000,000 for either Affordable Housing Development or Housing-Related Infrastructure AND an AHSC funds request for Sustainable Transportation Infrastructure that comprises at least a certain percentage of the total AHSC funds request as detailed below: STI Funds Request as percentage of Total AHSC Request Points 10% 2 points 15% 4 points 25% 6 points (2) 2 points for applications which invest at least 5 percent of total AHSC funds in Transportation Related Amenities at a Transit Station or Stop within the Project Area. One point will be given to projects that invest at least 5 percent of total AHSC funds in Transportation Related Amenities, but not at a Transit Station or Stop. 3.D.c Packet Pg. 67 Attachment: AHSC Round 6 Final Guidelines (4504 : Resolution Authorizing AHSC Grant Application) Round 6 FY 2019-20 AHSC Program Guidelines - 34 - February 24, 2021 (3) 1 point for Projects which have received funding from other Greenhouse Gas Reduction Fund (GGRF) programs which directly benefit or contribute to the development of the proposed Project. OR 1 point for Projects within environmentally cleared California high speed rail station planning areas. (e) Location Efficiency and Access to Destinations - 6 Points Maximum (1) Up to 3 points will be given for the Location Efficiency of the Project site as determined by the US EPA Walkability Index using the address of the Project site. If the Project is a corridor and does not have a specific address, use the center most point of the Project for the calculation. Click here for the methodology for the Walkability Index. Points will be given on the following scale: ▪ 3 points: Most Walkable (Dark Green; 15.25-20) ▪ 2 points: Above Average Walkable (Light Green; 10.51-15.25) ▪ 1 point: Below Average Walkable (Yellow; 5.76-10.5) ▪ 0 points: Least Walkable (Orange; 1-5.75) (2) Up to 3 points will be given for projects that provide a map highlighting the location of existing Key Destinations within 1/2 mile of the AHD. Each type of Key Destination is worth one third of a point and may only be counted once. ▪ Grocery store which meets the CalFresh Program requirements ▪ Medical clinic that accepts Medi-Cal payments ▪ Public elementary, middle or high school ▪ Licensed child care facility ▪ Pharmacy ▪ Park accessible to the general public ▪ Public library ▪ Office park ▪ University or junior college ▪ Bank or Post Office ▪ Place of Worship (f) Funds Leveraged - 4 Points Maximum (1) A maximum of 4 points will be awarded for applications demonstrating Enforceable Funding Commitments to leverage AHSC funded Capital Projects and Program activities. Applications will be scored based on the amount of Enforceable Funding Commitments (as defined in Appendix A with exception for tax credit equity; see below) from sources other than the AHSC Program, as a percentage of the requested amount of AHSC Program funds as follows: 3.D.c Packet Pg. 68 Attachment: AHSC Round 6 Final Guidelines (4504 : Resolution Authorizing AHSC Grant Application) Round 6 FY 2019-20 AHSC Program Guidelines - 35 - February 24, 2021 Enforceable Funding Commitments as percentage of Total AHSC Request Points 50% to 99% 1 points 100% to 149% 2 points 150% to 199% 3 points >200% 4 points Low-income housing tax credit equity contributions and tax-exempt bonds in connection with 4 and 9 percent low-income housing tax credits will not be included in this leverage equation, overriding AHSC’s Enforceable Funding Commitment definition. For the purpose of meeting committed funding requirements detailed in Section 106(a)(7), the Enforceable Funding Commitment definition is used. (g) Anti-Displacement Strategies - 6 Points Maximum (1) Up to 4 points (1 point per strategy) for Projects that either implement strategies or programs, or are located in jurisdictions with policies, strategies or programs that currently exist to prevent the displacement of local community residents from the area surrounding the Project. Each strategy or program is only eligible for fulfilling a single scoring criterion. Applicants are required to describe the strategy or program and how it relates to the AHSC Project; how strategies exceed state requirements, if applicable; and who will implement any strategies under “Voluntarily Implemented by Applicants” and how they will do so. Voluntarily Implemented by Applicants: * ▪ Funding a community multi-lingual tenant legal counseling service. These funds do not need to be supplied by AHSC. ▪ Affirmative marketing strategies or plans targeting nearby neighborhoods, a Disadvantaged Community or a Low-Income Community ▪ Funding and partnering with a community based organization or service provider with a history of working in the local community to conduct displacement prevention work. These funds do not need to be supplied by AHSC. The application must include an executed agreement and outline the relationship between the community based organization and applicant, one of which identifies the outcomes of the funded work. Local Policies: **, *** ▪ Replacement requirements in targeted growth areas such as transit stations, transit corridors, job and housing rich areas, downtowns and revitalization areas or policies on sites identified pursuant to Government Code section 65583.2(g)(3) ▪ Rent stabilization programs beyond what is required by California Civil Code 1946.2 ▪ Just cause eviction or other efforts improving tenant stability beyond what is required by California Civil Code 1946.2 3.D.c Packet Pg. 69 Attachment: AHSC Round 6 Final Guidelines (4504 : Resolution Authorizing AHSC Grant Application) Round 6 FY 2019-20 AHSC Program Guidelines - 36 - February 24, 2021 ▪ Policies to preserve Single Room Occupancy (SRO) housing or mobile home parks ▪ Condominium conversion restrictions ▪ Land banking programs actively receiving funding with a cumulative value of at least $1,000,000 ▪ Community benefit zoning and/or other land value recapture strategy ▪ Rent review board and/or mediation, foreclosure assistance, or multi- lingual tenant legal counseling services. ▪ Policies to facilitate the development of new accessory dwelling units. ▪ Density bonus ordinances that expand on state replacement requirements * Strategies under “Voluntarily Implemented by Applicants” must be funded by an AHSC applicant. ** Strategies under “Local Policies” will only be awarded points if these policies are within local code or are ongoing programs of the local jurisdiction. All actions may only qualify for a single strategy. *** Strategies or programs must exceed State minimum standards. Local ordinances that match or exceed legal provisions such as tenant protection laws adopted in response to COVID-19 or those included under Government Code 66300 (Housing Crisis Act of 2019) may count for points in this section so long as they are not temporary. (2) Up to 2 points (1 point per strategy) for Projects demonstrating policies, strategies or programs that either currently exist or will be implemented through this Project to prevent the displacement of locally-owned businesses from the area surrounding the Project. One point will be given for a policy, strategy, or program that either currently exists or is newly implemented through this Project. Two points will be given for two policies, strategies, or programs, either as one currently existing and one newly implemented through this Project, or both newly implemented through this Project. Strategies should be selected from this following list: ▪ Implementation of an overlay zone to protect and assist small businesses; ▪ Establishment of a small business advocate office and single point of contact for every small business owner; ▪ Creation and maintenance of a small business alliance; ▪ Increased visibility of the jurisdiction’s small business assistance programs; ▪ Formal program to ensure that some fraction of a jurisdiction’s purchases of goods and services come from local businesses; ▪ Prioritization of Minority and Women Business Enterprises (MWBE) for public contracting. 3.D.c Packet Pg. 70 Attachment: AHSC Round 6 Final Guidelines (4504 : Resolution Authorizing AHSC Grant Application) Round 6 FY 2019-20 AHSC Program Guidelines - 37 - February 24, 2021 Local Workforce Development & Hiring Practices - 3 Points Maximum Up to 3 points (1.5 points per strategy) for Projects that implement workforce development strategies. Applicants shall provide the name of the organization(s) they are partnering with, the demographic data on the population they serve, and a written agreement that details the partnership strategy or policy undertaken and its outcomes. For maximum points in this section, Projects must implement at least two of the following four AHSC workforce development strategies. Projects that implement one of the following four AHSC workforce development strategies will receive 1.5 points. (3) AHSC workforce development strategies include: ▪ Funding a workforce development organization that has a track record of success serving disadvantaged populations and can demonstrate significant job placement rates for trainees from Disadvantaged Communities. The workforce community based organization must submit program metrics detailing the demographics and numbers of individuals recruited, trained, and placed into state-certified apprenticeships or related jobs; ▪ Funding a partnership with a workforce development board that has a track record of success serving disadvantaged populations and can demonstrate significant job placement rates for trainees from Disadvantaged Communities. The partnership or workforce development board must submit program metrics detailing the demographics and number of individuals recruited, trained, and placed into state-certified apprenticeships or related jobs; ▪ Project is bound by a Skilled and Trained workforce commitment. Applications must submit a letter of intent between the developer and the certified apprenticeship program outlining the mechanism to deliver on the term of that commitment. ▪ Projects that have developed a project labor or community workforce agreement. Applications should submit documentation of those agreements, including a plan to pull a defined set of pre-apprentices from local programs with close and demonstrable connections to state-certified apprenticeships. ▪ Projects that are located in jurisdictions with local hire ordinances that directly apply to the proposed project. Application must include documentation of those requirements and a concrete plan to comply, including a specific number of targeted workers or apprenticeships to be hired, the mechanism for doing so, and the programs from which they will be pulled. The purpose of these workforce partnerships and practices is to advance the recruitment, training, and hiring of low income residents and underrepresented workers living in Disadvantaged Communities, connecting these populations 3.D.c Packet Pg. 71 Attachment: AHSC Round 6 Final Guidelines (4504 : Resolution Authorizing AHSC Grant Application) Round 6 FY 2019-20 AHSC Program Guidelines - 38 - February 24, 2021 with training and hiring opportunities that the funded project creates or facilitates. Note: Projects in which every AHSC project component cannot legally implement local hire or workforce development strategies must include an explanation detailing these barriers in order to receive full points. (h) Housing Affordability - 5 Points Maximum (1) Up to 5 points will be awarded for applications which restrict a percentage of units in the Affordable Housing Development to Extremely Low Income (ELI) households: Percent of total units restricted to ELI households Points 5% to 10% 2 points 11% to 15% 3 points 16% to 20% 4 points >20% 5 points (i) Programs – 2 Points Maximum (1) 1 point will be awarded to applicants that propose an AHSC funded eligible Program. For transit pass programs to qualify for this point, they must be offered to at least as many individuals within the community as are offered to residents of the Affordable Housing Development. (2) Up to 1 point will be awarded for applicants that provide documentation showing how the Program Operator will sustain the program beyond the term of the AHSC Program grant (three years). The narrative-based policy scoring section of the application will be scored only for projects that obtain over 50 percent of the Quantitative and GHG QM points (i.e., 43 points or higher). For this section, applicants must include a PDF attachment of a narrative that addresses the following questions and prompts. Please include the bolded headers listed below for each point section of the write-up; the questions should not be re- stated in the write-up. The total write-up may not exceed six pages, not including required documentation. Ensure that all relevant information for each section is included either in the response for that section, or the required documentation for that section. (j) Collaboration & Planning - 4 Points Maximum Collaboration between local governments and housing and transportation providers is critical to create a project that ensures connectivity and responds to its contexts. Outline how the proposed project brings together the efforts of local government, including housing and transportation agencies. The following prompts must be addressed in the narrative: Narrative-Based Policy Scoring- 15 Points 3.D.c Packet Pg. 72 Attachment: AHSC Round 6 Final Guidelines (4504 : Resolution Authorizing AHSC Grant Application) Round 6 FY 2019-20 AHSC Program Guidelines - 39 - February 24, 2021 (1) Local Planning Efforts: Identify what local planning efforts the project implements, and if applicable, describe what particular components of the project are derived from a local plan. Explain how local government agencies were involved in the process of creating the project. ▪ Agencies to consider in your answer may include, but are not limited to: local public works department, transit agencies, planning and community development departments, housing departments, local health department, schools/school districts, emergency services, law enforcement, etc. ▪ Examples of planning efforts to discuss may include, but are not limited to: General Plan (e.g., circulation element or housing element); Specific Plan; Community Plan; Climate Action Plan; Community Health Improvement Plan (CHIP); Redevelopment Plan; Bicycle Master Plan; Disadvantaged Community Assessment (Government Code Section 65302); Pedestrian Master Plan; Local Coastal Plan; Transit Plan; Transit Corridor Plan; Station Area Plan; Corridor System Management Plan; Transportation Demand Management (TDM) Strategy or Plan. (2) Housing and Transportation Collaboration: Describe the relationship between the joint-applicants or partners that worked together to create the proposed AHSC Project. Explain the process involved in coming together to create a larger vision for the Project Area. Describe the integration of housing, transportation, and urban greening infrastructure components in creating a cohesive Project. (k) Community Benefits & Engagement - 6 Points Maximum Community involvement and leadership are crucial to ensuring that both the principle objectives and co-benefits of the project respond to the true needs of local residents. Explain how local residents and community-based organizations were meaningfully engaged in developing the Project, especially those from Disadvantaged and Low- income Communities, and how the project addresses community-identified needs. Please address the prompts below in your narrative. (1) Community Engagement and Leadership: Describe how community-based organizations and local residents have been meaningfully involved in the visioning and development of this project. Explain in which stage(s) of the process community members and CBOs have been and will be engaged. Describe efforts to involve Disadvantaged and/or Low-Income Community residents, including how meetings were advertised and made accessible. (2) Addressing Community Needs: Demonstrate how the proposed AHSC project meets one or more identified community needs, articulating how these Required Documentation: Applicable section or elements of local planning document. Required Documentation: Site Plan and project area map (or context plan). 3.D.c Packet Pg. 73 Attachment: AHSC Round 6 Final Guidelines (4504 : Resolution Authorizing AHSC Grant Application) Round 6 FY 2019-20 AHSC Program Guidelines - 40 - February 24, 2021 needs were identified (e.g. through the community engagement process, a local needs assessment, as part of a local health department plan or other city/county plan, etc.). Address community needs beyond the provisions of housing and transportation. For Projects located in a Disadvantaged Community or Low-Income Community, applicants are also encouraged to cite top burdens from their CalEnviroScreen 3.0 score as community needs that their projects will address. For all Projects, applicants are encouraged to cite key factors contributing to less healthy community conditions from their Healthy Places Index score as community needs that their Project will address. Note: AHSC recognizes that COVID-19 has placed significant constraints on the way engagement can be conducted. Not only is the pandemic affecting inter-personal interactions and shifting engagement to digital mediums, but it is putting a financial strain on government, developers, and community organizations, alike. Moreover, low-income and minority communities have been disproportionately affected by the dual financial and public health crises. Taking these facts into consideration, the review process will factor COVID-related constraints into the scoring process. (l) Community Climate Resiliency - 3 Points Maximum Communities will continue to experience effects of climate change in various ways, including increased likelihood of droughts, sea level rise, flooding, wildfires, heatwaves and severe weather. Due to these effects, climate resiliency is a key part of planning and project implementation decisions. (1) Climate Adaptation Assessment Matrix: Fill out the Climate Adaptation Assessment Matrix with climate projections for the listed impacts and with technical descriptions of adaptive measures to be employed. If the project is considering climate projections from data sources besides those listed below, state where the data are from and if they use different assumptions (e.g., time horizon). (2) Climate Adaptation: Describe how the risks posed from changing climate conditions will be reduced by strategies listed in the Climate Adaptation Assessment. Consider the lifetime of Project elements, risks posed by changing climate conditions, and consequences of those risks (e.g., impacts to occupant health and safety, structural integrity, heating and cooling systems, etc.). If your local city or county has added adaptation measures to the General Plan or other local planning documents, describe how the Project conforms to the implementation of that plan (Government Code section 65302(g)(4), requires cities and counties to incorporate climate considerations in the Safety Element of the General Plan or other local plan or document by January 1, Required Documentation: 1. Letter of support from local community-based, grassroots organization, or local or Tribal health department/agency describing the community engagement process and how feedback from local residents was incorporated into the project. 2. Community Engagement Tracker: Provide additional information on events where community participation occurred in the Community Engagement Tracker template. 3.D.c Packet Pg. 74 Attachment: AHSC Round 6 Final Guidelines (4504 : Resolution Authorizing AHSC Grant Application) Round 6 FY 2019-20 AHSC Program Guidelines - 41 - February 24, 2021 2022). Please separate responses according to climate impacts. Note: If available, use localized climate impact projections. For tools to help assess general climate impacts, please visit Cal-Adapt’s Local Climate Snapshot tool.* For adaptation tools, resources, strategies and case studies visit the state’s Adaptation Clearinghouse. (m) Community Air Pollution Exposure Mitigation – 2 Points Maximum Decreasing air pollution exposure to residents living near sources, including (but not limited to) freeways and high-volume roadways, is essential for ensuring the benefits of infill development are actualized, including promoting public health. Implementing scientifically based air pollution mitigation strategies at the project level, can help protect public health and support GHG reduction goals. (1) Air Pollution Exposure Mitigation Strategies: Identify pollutants of concern and known sources of pollution affecting the Project Area. Report the Particulate Matter (PM) 2.5, Diesel PM, Toxic Releases to Air, and Traffic Density percentiles as described in CalEnviroScreen 3.0 for the census tract in which the project will be sited.* Describe how air pollution mitigation strategies are utilized in the design of the Project, how they were selected, and how they address pollution sources. Example Strategies: Speed reduction mechanisms, including roundabouts Traffic signal management Design that promotes air flow and pollutant dispersion along street corridors Solid barriers, such as sound walls or those created by continuous vegetation MERV 16 air filtration system Note: These strategies are limited by the many factors that may influence their effectiveness, ranging from local meteorology and topography to human use, maintenance, etc. Note: For additional suggested strategies to mitigate air pollution exposure see the following resources: ▪ Bay Area Air Quality Management District, “Planning Healthy Places” ▪ California Air Resources Board, “Strategies to Reduce Air Pollution Exposure near High Volume Roadways: Technical Advisory” ▪ U.S. Environmental Protection Agency, “Best Practices for Reducing Near-Road Air Pollution Exposure at Schools” ▪ California Governor’s Office of Planning and Research, “General Plan Guidelines”. Chapter 6- Healthy Communities ▪ U.S. Environmental Protection Agency “Recommendations for Constructing Roadside Vegetation Barriers to Improve Near-Road Air Quality” 3.D.c Packet Pg. 75 Attachment: AHSC Round 6 Final Guidelines (4504 : Resolution Authorizing AHSC Grant Application) Round 6 FY 2019-20 AHSC Program Guidelines - 42 - February 24, 2021 ▪ Los Angeles County Department of Public Health, “Public Health Recommendations to Minimize the Health Effects of Air Pollution Associated with Development Near Freeways and High-Volume Roads” Note: In CalEnviroScreen 3.0, a geographic area’s percentile for a given indicator simply tells the percentage of areas with lower values of that indicator. A percentile does not describe the magnitude of the difference between two or more areas. For example, an area ranked in the 30th percentile is not necessarily three times more impacted than an area ranked in the 10th percentile. * For a spreadsheet showing raw data and calculated percentiles for individual indicators for individual census tracts, download the CalEnviroScreen 3.0 results. 3.D.c Packet Pg. 76 Attachment: AHSC Round 6 Final Guidelines (4504 : Resolution Authorizing AHSC Grant Application) Round 6 FY 2019-20 AHSC Program Guidelines - 43 - February 24, 2021 Section 108. Application Process (a) Pursuant to direction of the Council, the Department shall offer funds through a NOFA and applications will be reviewed based on the steps detailed below and illustrated in Figure 6. (b) The Department will offer optional pre-application consultations as detailed in the NOFA in order to provide assistance to applicants regarding minimum threshold eligibility and other program requirements. (c) Applications will be made available through the Department, and complete applications must be submitted to the Department by the deadline detailed in the NOFA. (d) The highest scoring applications that meet all threshold requirements as determined by the Department, based on criteria set forth in these guidelines, shall be recommended to the Council for funding as specified in the NOFA. The Council will make adjustments in this procedure to meet the following objectives: (1) At least fifty (50) percent of AHSC Program expenditure for Projects benefitting and located in Disadvantaged Communities. Projects’ Disadvantaged Community status are based upon the location of their AHSC funded Affordable Housing. (2) At least fifty (50) percent of the annual proceeds appropriated for the AHSC Program shall be expended for affordable housing. For the purposes of this set-aside, expenditures related to Affordable Housing Development and Housing-Related Infrastructure Capital Projects shall count toward this requirement. (3) Project Area type targets are as follows: (A) Target thirty five (35) percent of funds available as designated in the NOFA to TOD Project Area applications. (B) Target thirty five (35) percent of funds available as designated in the NOFA to ICP Project Area applications. (C) Target ten (10) percent of funds available as designated in the NOFA to RIPA applications. (D) Remaining twenty (20) percent of available funds may be awarded to any eligible project area type. (i) The Council will use discretionary funds to fulfill statutory investment minimums for Disadvantaged Communities and affordable housing as detailed in (1) and (2), above. Once these minimums are met, the Council will use discretionary funds to ensure a distribution of total AHSC funds that allows for all geographic areas, as defined in (4), below, with competitive applications to receive funds. 3.D.c Packet Pg. 77 Attachment: AHSC Round 6 Final Guidelines (4504 : Resolution Authorizing AHSC Grant Application) Round 6 FY 2019-20 AHSC Program Guidelines - 44 - February 24, 2021 (E) To the extent applications received are not sufficient to meet TOD Project Area, ICP Project Area or RIPA targets detailed in (A), (B) and (C) above, the Council reserves the right to waive these requirements and recommend funding a greater percentage of applications in either of the three identified Project Area types. Additionally, the Council reserves the right to waive project area targets in order to fulfill investment minimums for Disadvantaged Communities and affordable housing as detailed in (1) and (2), above, as well as to ensure a distribution of funds that allow for all geographic areas, as defined in (4), below, with competitive applications to receive funds. (4) The Council strives to achieve a diverse distribution of resources and recognizes that in order to meet the State’s environmental commitments, GHG emissions reductions must be made in all regions of the State. The Council will use discretionary funds, as described in (d), above, to ensure a distribution of total AHSC funds that allows for all geographic areas with a competitive application to receive funds. AHSC defines geographic areas as follows: Geographic Area Counties Sacramento Area Sacramento, Yolo, Sutter, Yuba, Placer, El Dorado San Diego Area San Diego San Francisco Bay Area Alameda, Contra Costa, Marin, Napa, San Francisco, San Mateo, Santa Clara, Solano, Sonoma San Joaquin Valley Fresno, Kern, Kings, Madera, Merced, San Joaquin, Stanislaus, Tulare Coastal Southern California Los Angeles, Orange Inland Southern California Riverside, San Bernardino, Imperial Central Coast Ventura, Santa Barbara, San Luis Obispo, Monterey, San Benito, Santa Cruz North State & Sierras Alpine, Amador, Butte, Calaveras, Colusa, Del Norte, Glenn, Humboldt, Inyo, Lake, Lassen, Mariposa, Mendocino, Modoc, Mono, Nevada, Plumas, Shasta, Sierra, Siskiyou, Tehama, Trinity, Tuolumne Note: The Council is committed to ensuring access to AHSC funding across the State’s diverse geographic areas. In future rounds, AHSC staff will evaluate all aspects of AHSC scoring, project area classification, and GHG quantification to assess changes needed to account for each region’s ability to produce competitive AHSC applications relative to their existing conditions. 3.D.c Packet Pg. 78 Attachment: AHSC Round 6 Final Guidelines (4504 : Resolution Authorizing AHSC Grant Application) Round 6 FY 2019-20 AHSC Program Guidelines - 45 - February 24, 2021 (5) Regardless of Project Area type, the Council will seek to fund one project, in the tribal funding target, per funding cycle to a Qualified Tribal Entity. In order to be considered for the Tribal funding target, a Qualified Tribal Entity must be the Developer for the AHD and/or HRI components, or the project partner responsible for STI and/or TRA components. Projects where the only Qualified Tribal Entity is an applicant for Program Costs will not be considered for the Tribal funding target. The Project must meet the requirements laid out in Appendix B in order to qualify for the Tribal funding target. Unless stated otherwise, the Project must meet all AHSC Program requirements. The Project will contribute to the relevant Project Area type and geographic funding targets. If multiple Federally Recognized Native American Tribes apply for Projects, the Council will apply the scoring criteria from these Guidelines to rank the Projects such that the top-ranked Project will be awarded under the Council’s Tribal target and the remaining Project(s) will compete in their respective Project Area types. (6) A single Developer may be awarded no more than $60 million per NOFA funding cycle, however this limitation may be waived if necessary to meet AHSC statutory funding set-asides. (7) As station area plans for High Speed Rail are implemented, the Council may prioritize investments in these areas. (8) The Department may elect to not evaluate compliance with some or all threshold requirements for applications that are not within a fundable range. (9) In the event of two or more applications having the same scores, the Council has the discretion to make the final selection regarding these projects to ensure alignment with the objectives set out in these AHSC Program Guidelines. (10) Applications recommended for funding and approved by the Council are subject to conditions specified by the Department. Applicants will receive an official letter of award after funding recommendations are approved by the Council. (11) Applications will be treated in accordance with Public Records Act. Certain information, in accordance with the Public Records Act, may be publicly disclosed. (e) Metropolitan Planning Agency Role in Application Review (1) To support implementation of an applicable SCS and consistency with activities or strategies identified in a regional SCS, or similar planning document that demonstrate a per capita reduction in VMT and GHG, as allowed by SB 862 (Chapter 36, Statutes of 2014), an MPO/region may develop its own process prior to the application due date to identify and recommend applications that have the highest regional priorities based on criteria established by the MPO/region. 3.D.c Packet Pg. 79 Attachment: AHSC Round 6 Final Guidelines (4504 : Resolution Authorizing AHSC Grant Application) Round 6 FY 2019-20 AHSC Program Guidelines - 46 - February 24, 2021 3.D.c Packet Pg. 80 Attachment: AHSC Round 6 Final Guidelines (4504 : Resolution Authorizing AHSC Grant Application) Round 6 FY 2019-20 AHSC Program Guidelines - 47 - February 24, 2021 Article III. Legal and Reporting Requirements Section 109. Legal Documents (a) Rental Affordable Housing Developments: Upon the award of AHSC Program funds to assist a rental Affordable Housing Development, the Department shall enter into one or more agreements with the applicant, which may be in the form a State of California Standard Agreement (Standard Agreement), which shall commit funds from the AHSC Program in an amount sufficient to fund the approved AHSC Program loan amount. The agreement or agreements shall contain the following: (1) A description of the approved Affordable Housing Development and the permitted uses of AHSC Program funds; (2) The amount and terms of the AHSC Program loan; (3) The regulatory restrictions to be applied to the Affordable Housing Development through the Regulatory Agreement; (4) Special conditions imposed as part of the Department’s approval of the Affordable Housing Development; (5) Requirements for the execution and the recordation of the agreements and documents required under the AHSC Program; (6) Terms and conditions required by federal and state law; (7) Requirements regarding the establishment of escrow accounts for the deposit of documents and the deposit and disbursement of AHSC Program loan proceeds; (8) the approved schedule of the Affordable Housing Development, including land acquisition if any, commencement and completion of construction or rehabilitation work, and occupancy by eligible households; (9) Terms and conditions for the inspection and monitoring of the Project in order to verify compliance with the requirements of the AHSC Program; (10) Provisions regarding tenant relocation in accordance with State law; (11) Provisions relating to the placement of a sign on or in the vicinity of, the Affordable Housing Development site indicating that the Council has provided financing for the Affordable Housing Development. The Council may also arrange for publicity of the AHSC Program loan in its sole discretion; (12) Provisions to ensure that the eligible costs and use of AHSC Program funds maintain the required GHG Reduction represented in the application; (13) Other provisions necessary to ensure compliance with the requirements of the AHSC Program; 3.D.c Packet Pg. 81 Attachment: AHSC Round 6 Final Guidelines (4504 : Resolution Authorizing AHSC Grant Application) Round 6 FY 2019-20 AHSC Program Guidelines - 48 - February 24, 2021 (14) Description of the conditions constituting breach of the agreement(s) and remedies available to the parties thereto; and (15) Any of the Department’s standard contractual terms that may be applicable. (b) For rental Affordable Housing Developments, the Department shall enter into a single Regulatory Agreement with the applicant for not less than the original term of the loan that shall be recorded against all sites comprising the property of the Affordable Housing Development prior to the disbursement of funds. The Regulatory Agreement shall include, but not be limited to, the following: (1) The number, type and income level of Restricted Units; (2) Standards for tenant selection pursuant to 25 CCR 8305; (3) Provisions regulating the terms of the rental agreement pursuant to 25 CCR 8307; (4) Provisions related to a Rent Schedule, including initial rent levels for Restricted Units and non-Restricted Units pursuant to subsections (a) and (b) of MHP Guidelines Section 7312; (5) Conditions and procedures for permitting rent increases pursuant to MHP Guidelines Section 7312; (6) Provisions for limitations on Distributions pursuant to 25 CCR 8314 and on developer fees pursuant to 25 CCR 8312; (7) Provisions regarding the deposit and withdrawal of funds to and from reserve accounts in accordance with 25 CCR 8308 and 8309; (8) Assurances that the Affordable Housing Development will be maintained in a safe and sanitary condition in compliance with state and local housing codes and the management plan, pursuant to MHP Guidelines Section 7324; (9) Description of the conditions constituting breach of the Regulatory Agreement and remedies available to the parties thereto; (10) Provisions governing use and operation of non-Restricted Units and common areas to the extent necessary to ensure compliance with AHSC Program requirements; (11) Special conditions of loan approval imposed by the Department; (12) “Program Operations,” MHP Guidelines Sections 7321 through 7326, shall apply to rental Affordable Housing Developments assisted by the AHSC Program; and (13) Other provisions necessary to assure compliance with the requirements of the AHSC Program. 3.D.c Packet Pg. 82 Attachment: AHSC Round 6 Final Guidelines (4504 : Resolution Authorizing AHSC Grant Application) Round 6 FY 2019-20 AHSC Program Guidelines - 49 - February 24, 2021 (c) All AHSC Program loans for assistance to rental Affordable Housing Developments shall be evidenced by a promissory note payable to the Department in the principal amount of the loan and stating the terms of the loan consistent with the requirements of the AHSC Program. The note shall be secured by a deed of trust on the Affordable Housing Development property naming the Department as beneficiary or by other security acceptable to the Department; this deed of trust or other security shall be recorded junior only to such liens, encumbrances and other matters of record approved by the Department and shall secure the Department's financial interest in the Affordable Housing Development and the performance of applicant's AHSC Program obligations. (d) Grants shall be governed by a Standard Agreement or other agreement with the Recipient in a form prescribed by the Department. The agreement shall ensure that the provisions of these Guidelines are applicable to the Project covered by the agreement and enforceable by the Department. The agreement will contain such other provisions as the Department determines are necessary to meet the requirements and goals of the AHSC Program, including but not limited to the following: (1) A description and sources and uses of the approved Project and the permitted uses of AHSC Program funds; (2) Provisions governing the amount, terms and conditions of the AHSC Program grant; (3) Provisions governing the construction work and, as applicable, the acquisition and preparation of the site of the Capital Project, and the manner, timing and conditions of the disbursement of grant funds; (4) A schedule for completion of the Project and a series of milestones for progress toward Project completion together with the remedies available to the Department in the event of the failure to meet such milestones; (5) Provisions for the payment of prevailing wages if and as required by state or federal law; (6) Requirements for periodic reports from the Recipient on the construction and use of the Project and provisions for monitoring of the Project by the Department; (7) The Recipient’s responsibilities for the development of the approved Project, including, but not limited to, construction management, maintaining of files, accounts and other records, and report requirements; (8) Provisions relating to the development, construction, affordability and occupancy of the Affordable Housing Development supported by the Housing-Related Infrastructure Capital Project, if applicable; 3.D.c Packet Pg. 83 Attachment: AHSC Round 6 Final Guidelines (4504 : Resolution Authorizing AHSC Grant Application) Round 6 FY 2019-20 AHSC Program Guidelines - 50 - February 24, 2021 (9) Provisions relating to the placement on, or in the vicinity of, the Project site, a sign indicating that the Council has provided financing for the Project. The Council may also arrange for publicity of the grant in its sole discretion; (10) Remedies available to the Department in the event of a violation, breach or default of the Standard Agreement; (11) Requirements that the Recipient permit the Department or its designated agents and employees the right to inspect the Project and all books, records and documents maintained by the Recipient in connection with the AHSC Program grant or loan or both; (12) Special conditions imposed as part of Department approval of the project; (13) Terms and conditions required by federal or state law; (14) Provisions to ensure that the Project maintains the required GHG Reduction as represented in the application; and (15) Other provisions necessary to ensure compliance with the requirements of the AHSC Program. 3.D.c Packet Pg. 84 Attachment: AHSC Round 6 Final Guidelines (4504 : Resolution Authorizing AHSC Grant Application) Round 6 FY 2019-20 AHSC Program Guidelines - 51 - February 24, 2021 Section 110. Reporting Requirements (a) During the term of the Standard Agreement and according to the annual deadline identified in the Standard Agreement, the Recipient shall submit, upon request of the Department and the Council, an annual performance report that demonstrates satisfaction of all reporting requirements pursuant to the AHSC Program reporting requirements identified in the Standard Agreement. Recipient shall also submit the reports required by MHP Guidelines Sections 7325 and 7326 and any additional reporting requirements developed by the Department, the Council or ARB. The reports will be filed on forms provided by the Department. (b) Recipient is responsible for meeting the applicable project reporting requirements of CARB’s Funding Guidelines for Agencies that Administer California Climate Investments as well as CARB’s AHSC Program Quantification Methodology and Benefits Calculator Tool. These may include, but are not limited to: Project metrics; the duration over which the Recipient will track Project metrics; frequency of reporting; the format Recipient will use to report; Project profile information; Project benefit information; and information related to Priority Population benefits. (1) Award recipients are required to submit estimates of jobs supported by their projects using CARB’s Jobs Co-Benefit Assessment Methodology within 90 days of award. This methodology will estimate the number of jobs supported by the AHSC investment based upon the Project’s budget. (2) Consistent with the 2018 Funding Guidelines for Agencies that Administer California Climate Investments, AHSC funding recipients must track and report the employment outcomes of their projects. Award recipients will be required to conduct Employment Benefits and Outcomes Reporting for employment benefits and outcomes created supported by the AHSC investment and all leveraged funding, while accommodating provisions for data privacy. Once funds are disbursed, reporting may occur as frequently as an annual basis. AHSC Program staff will work with applicants to clarify what the jobs reporting process may look like. Recipients must report on all jobs created as a result of the construction or delivery of the AHSC projects. This includes all jobs created, regardless of their funding source, that are used for delivering project components funded at least in-part by AHSC. The project’s total development costs reported in the AHSC Application Workbook contains the scope of the AHSC funded project and all jobs created by it. Recipients must report annually on all jobs created from the date the standard agreement is executed and continues until the following milestones are reached. • Grant Standard Agreement: all funds are disbursed • Loan Standard Agreement: project converts to permanent financing 3.D.c Packet Pg. 85 Attachment: AHSC Round 6 Final Guidelines (4504 : Resolution Authorizing AHSC Grant Application) Round 6 FY 2019-20 AHSC Program Guidelines - 52 - February 24, 2021 Recipients must specify jobs created by AHSC that employ individuals who live within priority population census tracts or low-income households. To identify individuals who live within priority populations census tracts or in low-income households, refer to the “Read Me” tab of the AHSC Jobs Reporting Template, posted on SGC AHSC webpage. Recipients must ensure that all subcontractors receiving $100,000 or more, AHSC funds or otherwise, from the AHSC recipient must report on jobs created by the project. Reporting must be completed using the AHSC Jobs Reporting Template provided by SGC.   Reporting will be done according to both trade and, classification and include the following: • Job education required* • Job experience required* • Job training credentials* • Number of jobs provided*, ** • Total project work hours*, ** • Average hourly wage*, ** • Total number of workers that completed job training*, ** • Employer paid health insurance provided* • Paid leave* • Retirement plan* • Targeted hiring strategy* *Please refer to the “Data Dictionary” tab in the AHSC Jobs Reporting Template for a description of each of the reporting categories listed above.  **Each of these statistics must also be reported according to workers defined as belonging to a Priority Population. (3) Consistent with the 2018 Funding Guidelines for Agencies that Administer California Climate Investments, AHSC funding recipients must report on all outcomes resulting from the AHSC Projects. This includes metrics related to AHD/HRI, STI, and TRA Projects. Projects will be selected for outcomes reporting at the discretion of the Council. Reporting will include the following components and other metrics as requested, for a duration of no more than five (5) years: • AHD/HRI Project metrics: o Project operational date o Outcome tracking start date o Housing unit occupancy rate o Income restricted housing unit occupancy rate o Mode share of all residents (i.e., transit, bicycling, walking, driving) 3.D.c Packet Pg. 86 Attachment: AHSC Round 6 Final Guidelines (4504 : Resolution Authorizing AHSC Grant Application) Round 6 FY 2019-20 AHSC Program Guidelines - 53 - February 24, 2021 o Mode share of Low-income residents o Residents using transit passes o Occupancy of commercial space • STI and TRA transit Project metrics: o Average daily ridership of transit • STI active transportation Project metrics: o Average traffic of bicycle and pedestrian facilities o Days of operational per year (c) 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 Recipient’s Project. At the Department’s request, the Recipient 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. 3.D.c Packet Pg. 87 Attachment: AHSC Round 6 Final Guidelines (4504 : Resolution Authorizing AHSC Grant Application) Round 6 FY 2019-20 AHSC Program Guidelines - 54 - February 24, 2021 Section 111. Performance Requirements (a) Recipients shall begin construction of the housing units to be developed in the Affordable Housing Development that is a Capital Project and the housing designated in the application within the time set forth in the Standard Agreement but not later than November 30, 2024. (1) Recipients may request extensions of the performance requirement in Section 111(a) by addressing a letter to SGC’s Executive Director explaining the circumstances for why an extension is needed and detailing a plan for meeting the extended performance requirement deadline. At the discretion of SGC’s Executive Director, an extension of up to two (2) years may be granted. (b) The housing units developed in the Affordable Housing Development that is a Capital Project and the housing designated in the application must be completed, as evidenced by receipt of a certificate of occupancy, within the period of time set forth in the Standard Agreement, but not later than November 30, 2027. (1) Recipients may request extensions of the performance requirement in Section 111(b) by addressing a letter to SGC’s Executive Director explaining the circumstances for why an extension is needed and detailing a plan for meeting the extended performance requirement deadline. At the discretion of SGC’s Executive Director, an extension of up to two (2) years may be granted. (c) AHSC Program funds must be disbursed in accordance with deadlines specified in the Standard Agreement, and in no event later than the disbursement deadlines outlined in the NOFA. (d) Recipients may only reapply for AHSC Program funds in a subsequent NOFA for the same Project if the Recipient has disbursed at least fifty (50) percent of the funds allocated from prior awards. (e) Negative points will be assessed against the Developer on subsequent AHSC applications if the Project does not comply with the dates set in the Standard Agreement for the performance requirements described in Section 111(a) or Section 111(b). 3.D.c Packet Pg. 88 Attachment: AHSC Round 6 Final Guidelines (4504 : Resolution Authorizing AHSC Grant Application) Round 6 FY 2019-20 AHSC Program Guidelines - 55 - February 24, 2021 Section 112. Defaults and Cancellations (a) In the event of a breach or violation by the Recipient of any of the provisions of the Standard Agreement, the Department may give written notice to the Recipient to cure the breach or violation within a period of not less than 15 days. If the breach or violation is not cured to the satisfaction of the Department within the specified time period, the Department, at its option, may declare a default under the Standard Agreement and may seek legal remedies for the default including the following: (1) The Department may seek, in a court of competent jurisdiction, an order for specific performance of the defaulted obligation or the appointment of a receiver to complete the Project in accordance with AHSC Program requirements. (2) The Department may seek such other remedies as may be available under the relevant agreement or any law. (b) The Department may cancel funding commitments and Standard Agreements under any of the following conditions: (1) The objectives and requirements of the AHSC Program cannot be met by continuing the commitment or Standard Agreement; (2) Construction of the Capital Project or implementation of Program Costs cannot proceed in a timely fashion in accordance with the timeframes established in the Standard Agreement; or (3) Funding conditions have not been or cannot be fulfilled within required time periods. (c) Upon receipt of a notice of intent to cancel the grant from the Department, the Recipient shall have the right to appeal to the Director of the Department. 3.D.c Packet Pg. 89 Attachment: AHSC Round 6 Final Guidelines (4504 : Resolution Authorizing AHSC Grant Application) Round 6 FY 2019-20 AHSC Program Guidelines - 56 - February 24, 2021 Section 113. Prevailing Wages For the purposes of the State Prevailing Wage Law (Labor Code Sections 1720 – 1781), a grant or loan under the AHSC Program shall be considered public funding for the construction, rehabilitation, demolition, relocation, preservation, or other physical improvement of the Capital Project subject to the provisions of the State Prevailing Wage Law. AHSC Program funding of the Project shall not necessarily, in and of itself, be considered public funding of a Project unless such funding is considered public funding under the State Prevailing Wage Law. It is not the intent of the Department in these regulations to subject Projects to the State Prevailing Wage Law by reason of AHSC Program funding of the Project in those circumstances where such public funding would not otherwise make the Project subject to the State Prevailing Wage Law. Although the use of AHSC Program funds does not require compliance with federal Davis Bacon wages, other funding sources may require compliance with federal Davis Bacon wages. 3.D.c Packet Pg. 90 Attachment: AHSC Round 6 Final Guidelines (4504 : Resolution Authorizing AHSC Grant Application) Round 6 FY 2019-20 AHSC Program Guidelines - 57 - February 24, 2021 Appendix A. Definitions (a) “Active Transportation” means infrastructure and non-infrastructure projects that encourage increased use of active modes of transportation, but does not include funding program operations. The project types include but are not limited to: (1) Infrastructure Projects: capital improvements (construction) that will encourage increased use of active modes of transportation, such as biking and walking. (2) Non-infrastructure Projects: education, encouragement and planning activities must encourage increased use of active modes of transportation, such as biking and walking. (b) “Active Transportation Program” means non-infrastructure related programs which instill safe pedestrian, bicyclist and motorist behaviors to make safe active transportation possible. Non-infrastructure activities can stand-alone or be conducted with infrastructure projects (fixed facilities or permanent structural changes) to increase effectiveness. (c) “Activity Delivery Costs” means staff costs incurred by the Public Agency that are directly related to implementing specific Capital Project and Program Costs. They may include costs such as project document preparation, project underwriting, construction management, inspections, or reporting to the Department. (d) “Affordable Housing Development” means a Capital Project that is a Housing Development in which at least 20 percent of the total units are Affordable Units. (e) “Affordable Unit" means a housing unit that satisfies all the following criteria: (1) The unit must satisfy one of the following affordability criteria: (A) It is available at an “affordable rent” as that terms is used and defined in Section 50053 of the Health & Safety Code; (B) It is offered at an “affordable housing cost”, as that terms is used and defined in Section 50052.5 of the Health & Safety Code; or (C) It is available at an “affordable rent” or an “affordable housing cost” according to the alternative percentages of income for agency-assisted rental and cooperative housing developments pursuant to Department regulations adopted under Health and Safety Code section 50462(f). (2) For “Affordable Units” that are rental units, they must be subject to a recorded Program covenant ensuring affordability for a duration of at least 55 years. (3) For “Affordable Units” that are ownership units, they must be sold to and occupied by an income-qualified household, and subject to a recorded covenant with a duration of at least 30 years that includes either a resale restriction or equity sharing upon resale. 3.D.c Packet Pg. 91 Attachment: AHSC Round 6 Final Guidelines (4504 : Resolution Authorizing AHSC Grant Application) Round 6 FY 2019-20 AHSC Program Guidelines - 58 - February 24, 2021 (4) For the purposes of this definition, the terms “persons and families of low income” and “area median income” shall have the same meanings as set forth in Health and Safety Code section 50093 and 50093(c). (5) The unit must be occupied by a “lower income household” as defined by Health and Safety Code section 50079.5, which includes “very low income households” as defined by Health and Safety Code section 50105 and also includes “extremely low income households” as defined by Health and Safety Code section 50106. (f) “AHSC Program” means the program as outlined by these Program Guidelines. (g) “Area Median Income” means the most recent applicable county median family income published by the TCAC. (h) “Assisted Unit” means a unit that is subject to the Program’s rent and/or occupancy restrictions as a result of the financial assistance provided by the Program, as specified in the Regulatory Agreement entered into with the Department. (i) “Bus Rapid Transit” (BRT) means a rubber-tired form of rapid transit in an integrated system of facilities, equipment, services, and amenities that exceed the speed and reliability of regular bus service. BRT usually includes use of dedicated right-of way, including busways, exclusive lanes, and bypass/queue jumping lanes for buses at congested intersections to reduce vehicle running time and typically includes a combination of the following additional features: (1) center of road alignment, mixed- traffic prohibitive intersection treatments; (2) use of more limited-stop service including express service and skip-stopping; (3) application of Intelligent Transportation Systems (ITS) technology such as signal priority, automatic vehicle location systems, system security, and customer information; (4) platform level boarding and (5) off-board fare collection. (j) “Bus Service” means regularly scheduled public transit service operating with limited stops using a fixed route. (k) "Capital Project" means a project consisting of the construction, rehabilitation, demolition, relocation, preservation, acquisition, or other physical improvement that is an integral part of, or is necessary for completion of a Project. (l) “CCR” means the California Code of Regulations. 3.D.c Packet Pg. 92 Attachment: AHSC Round 6 Final Guidelines (4504 : Resolution Authorizing AHSC Grant Application) Round 6 FY 2019-20 AHSC Program Guidelines - 59 - February 24, 2021 (m) “Context Sensitive Bikeway” means on-street infrastructure for bicycle riding that is appropriately applied based on the traffic volumes and speeds on a specific street, as recommended by the California Department of Transportation based on guidance from the Federal Highway Administration, American Association of State Highway and Transportation Officials, and the California Highway Design Manual: (1) Class I bicycle paths are considered Context Sensitive Bikeways at any ADT and posted speed. (2) Projects may consider either the design year or post-Project implementation conditions for posted speed and ADT. (3) For AHSC scoring purposes, “Rural Main Streets” shall be considered any roadway within one-quarter (1/4) of a mile of federal, state, or county highway within a Rural Area. (n) “Council” means the California Strategic Growth Council, established pursuant to Public Resources Code Section 75121. (o) “Currently Developed” means that the land in question is altered by paving, construction, and/or land use that would typically have required regulatory permitting to have been initiated. (p) “Deferred Costs” means costs deferred at construction loan closing, including but not limited to: capitalized reserves, loan fees, syndication costs, legal, accounting, audit, consultant fees, and developer fees paid from operating cashflow. (q) “Department” means the Department of Housing and Community Development of the State of California. (r) “Developer” means the entity that the Department and the Council rely upon for experience, site control, and capacity, and which controls either (1) the Affordable Housing Development during development and through occupancy, (2) the Housing- Related Infrastructure during development and through completion, or (3) the Sustainable Transportation Infrastructure and Transit-Related Amenities during development and through operation. 3.D.c Packet Pg. 93 Attachment: AHSC Round 6 Final Guidelines (4504 : Resolution Authorizing AHSC Grant Application) Round 6 FY 2019-20 AHSC Program Guidelines - 60 - February 24, 2021 (s) “Disadvantaged Community” means a census tract with a score in the top 25 percent or one of the 22 additional census tracts that score in the highest 5 percent of Pollution Burden as identified in California Environmental Protection Agency’s CalEnviroScreen 3.0 tool. (t) “Employment Benefit and Outcome Reporting” means submission of data about the jobs and related benefits created by the AHSC Investment as required by the Funding Guidelines for Agencies Administering California Climate Investments. (u) “Enforceable Funding Commitment” means permanent commitments, including but not limited to the following: (1) Low-income housing tax credit equity contributions (without the necessity of a tax credit reservation letter) and tax-exempt bonds in connection with 4 and 9 percent low-income housing tax credits, will be considered committed in this calculation. The applicant must submit a valuation of their anticipated tax credit equity which documents both the proportion of the Affordable Housing Development purchased and assumed tax credit price. (2) Funds conditionally reserved under the following programs shall be accepted as funding commitments: the Department of Housing and Urban Development’s (HUD) Supportive Housing Program (SHP), HOME Investment Partnerships Program (HOME), Community Development Block Grant Program (CDBG), and the California Department of Mental Health’s Mental Health Services Act (MHSA) Program. (3) A land donation in fee for no other consideration that is supported by an appraisal or purchase/sale agreement (“Land Donation”) or a local fee waiver resulting in quantifiable cost savings for the Project where those fees are not otherwise required by federal or state law (“Local Fee Waiver”) shall be considered a funding commitment. The value of the Land Donation will be the greater of either the original purchase price or the current appraised value as supported by an independent third-party appraisal prepared by a Member- Appraisal-Institute-qualified appraiser within one year of the application deadline. A funding commitment in the form of a Local Fee Waiver must be supported by written documentation from the local Public Agency. (4) Owner equity contributions or developer funds. Such contributions or funds shall not be subsequently substituted with a different funding source or forgone if committed in the application, except that a substitution may be made for up to 50 percent of deferred developer fee. The Department may require the applicant to evidence the availability of the proposed amount of owner equity or developer funds. (5) Funds for transportation projects which are programmed for allocation and expenditure in the applicable capital improvement plan consistent with the terms and timeframes of the Standard Agreement. 3.D.c Packet Pg. 94 Attachment: AHSC Round 6 Final Guidelines (4504 : Resolution Authorizing AHSC Grant Application) Round 6 FY 2019-20 AHSC Program Guidelines - 61 - February 24, 2021 (v) “Energy Efficiency” means managing and restraining the growth in energy consumption. (w) “Federally Recognized Native American Tribe” means Native American native tribe, band, nation, pueblo, village or community that the Secretary of the Interior acknowledges to exist as an Native American tribe, pursuant to the Federally Recognized Native American Tribe List Act of 1994, 25 U.S.C. 479a. (x) “Flexible Transit Service” means a form of transit for the public characterized by flexible routing and scheduling of small/medium vehicles operating in shared-ride mode (with at least two passengers) between pick-up and drop-off locations according to passenger needs. Flexible Transit Service includes vanpool, shuttle, paratransit, and feeder bus systems that reduce vehicle miles travelled. (y) “Floor Area Ratio” (FAR) means the square footage of the floor area of a building divided by the site square footage, excluding therefrom dedicated streets, sidewalks, parks and open space. The floor area of a building is the sum of the gross area of each floor of the building, excluding mechanical space, cellar space, floor space in open balconies, enclosed parking and elevators or stair bulkheads. Multiplying the FAR by the area of the site produces the minimum amount of floor area required in a building on the lot. For example, on a 10,000 square-foot site in a district with a minimum FAR of 1.5, the floor area of a building must be at least 15,000 square feet. (z) “Greenhouse Gas Reduction” (GHG Reduction) means actions designed to reduce emissions of one or all of the following gases: carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride. (aa) “Green Streets” means a sustainable stormwater strategy that meets regulatory compliance and resource protection goals by using a natural systems approach to manage stormwater, reduce flows, improve water quality and enhance watershed health. (bb) “High Quality Transit” means a Qualifying Transit line with high frequencies AND permanent infrastructure as follows: (1) Frequency: High Quality Transit must have Peak Period headway frequency on the same route of every 15 minutes or less and service seven days a week. This level of service must have been publicly posted by the provider at some point between January 2020 and the time of application. (2) Permanent Infrastructure: High Quality Transit must operate on a railway or be transit service with Bus Rapid Transit features that either fully or partially operate on a dedicated bus-only lane, or uses High Occupancy Vehicle (HOV) or High Occupancy Toll (HOT) lanes. (cc) “Housing Development” means a residential development or the residential portion of a mixed-use development. 3.D.c Packet Pg. 95 Attachment: AHSC Round 6 Final Guidelines (4504 : Resolution Authorizing AHSC Grant Application) Round 6 FY 2019-20 AHSC Program Guidelines - 62 - February 24, 2021 (dd) “Housing-Related Infrastructure” means a capital infrastructure improvement required as a condition of approval of an affordable housing development by a Locality, transit agency or special district such as sewer, water or utility system upgrades, streets, drainage basins, etc. (ee) “Infill Site” means a site for which at least three of four sides or 75 percent of the perimeter of the site adjoins parcels that are Currently Developed qualified Urban Uses. In counting this, perimeters bordering navigable bodies of water and improved parks shall not be included. In order to qualify as an infill site, the site must also be located in an urbanized area meaning that it fulfills one of the following requirements: (1) located within an incorporated city according to an official City or County map, OR (2) located within an urbanized area or urban cluster as defined by the U.S. Census Bureau, OR (3) for unincorporated areas outside an urbanized area or urban cluster, the area shall be within a designated urban service area that is designated in the local general plan for urban development and is served by public sewer and water. (ff) “Integrated Connectivity Project (ICP) Project Area” means a Project Area which includes at least one (1) Transit Station/Stop with a combination of two or more eligible costs as defined in Section 103. (gg) “Intelligent Transportation Systems” means electronics, communications, or information technology, used singly or in combination, to improve the efficiency, accessibility or safety of the surface transportation system. (hh) “Key Destinations” means vital community amenities and resources including medical centers, schools, grocery stores, child care centers, pharmacies, public parks, or public libraries. Key Destinations must be operational at the time of application. This definition differs from “Activity Centers” as used in the AHSC Benefits Calculator Tool. (ii) “Locality” means a California city, unincorporated area within a county or a city and county. (jj) “Lower Income” has the meaning set forth in Health and Safety Code Section 50079.5. (kk) “Low-Income Community” means a census tract with either 1) median household incomes at or below 80 percent of the statewide median income, or 2) median household income at or below the threshold designated as low-income by Department of Housing and Community Development’s State Income Limits pursuant to the Health and Safety Code Section 50093. (ll) “Low-Income Households” mean 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 3.D.c Packet Pg. 96 Attachment: AHSC Round 6 Final Guidelines (4504 : Resolution Authorizing AHSC Grant Application) Round 6 FY 2019-20 AHSC Program Guidelines - 63 - February 24, 2021 Housing and Community Development’s State Income Limits adopted pursuant to Health and Safety Code Section 50093. (mm) “Mixed Use Development” means a building, combination of buildings, or building complex, designed to functionally and physically integrate non-residential uses such as retail, commercial, institutional, recreational, or community uses with residential uses, in a complementary manner. (nn) “Moderate Income” has the meaning set forth in Health and Safety Code Section 50093. (oo) “MHP” shall mean the Multifamily Housing Program authorized and governed by Sections 50675 through 50675.14 of the Health and Safety Code, and the MHP Guidelines dated June 19, 2019. (pp) “Natural Infrastructure” means the preservation and/or restoration of ecological systems, or utilization of engineered systems that use ecological processes, to increase resiliency to climate change and/or manage other environmental problems. Some examples relative to AHSC could include street trees and greenspace for water catchment, infiltration and surface cooling; water treatment facilities that utilize ecologically functioning wetlands; flood mitigation systems that utilize the natural floodplain and stable shorelines used in tandem with constructed flood barriers. (qq) “Net Density” means the total number of dwelling units per acre of land to be developed for residential or mixed use, excluding allowed deductible areas. Allowed deductible areas are public dedications of land which are for public streets, public sidewalks, public open space, public drainage facilities, and utility easements. Areas that are non-developable due to natural landscape features (ex: steep grade) are allowable deductible areas so long as the size and location of the non-developable area is identified by a licensed surveyor. Non-allowed deductible areas include setbacks, private drives and walkways, general landscaping, common areas and facilities, off street parking, and traditional drainage facilities exclusive to a development project. Mitigations required for development will not be included in the allowed deductible areas. (rr) “NOFA” means a Notice of Funding Availability issued by the Department. (ss) “Peak Hours” or “Peak Period” means the period with the highest ridership during the entire transit service day as determined by the transit operator. Must include at least one hour during the morning commute hours and one during evening commute hours, Monday through Friday. Each Peak Period cannot be longer than three hours. (tt) “Performance measures” means indicators of transit regarding data indicators such as accessibility, mobility choices and ridership. (uu) “Priority Population” means residents of: (1) census tracts identified as disadvantaged by California Environmental Protection Agency per SB 535; (2) census tracts identified as low-income per AB 1550; or (3) a low-income household per AB 1550. See the Priority Population maps for more information. 3.D.c Packet Pg. 97 Attachment: AHSC Round 6 Final Guidelines (4504 : Resolution Authorizing AHSC Grant Application) Round 6 FY 2019-20 AHSC Program Guidelines - 64 - February 24, 2021 (vv) “Program Cost” means the cost(s) associated with 1) program creation, or 2) expansion of existing programs to serve new populations or offer new program service and implementation. (ww) “Program Operator” means the entity that administers the day-to-day operational responsibilities for the program for which the AHSC Program funding is sought. (xx) “Project” means the proposed use of funds representing a combination of Capital Projects or Program Costs which are proposed by the applicant to be funded the AHSC Program. (yy) “Project Area” means the area encompassing the Transit Station/Stop, housing and Key Destinations. (zz) "Public Agency” means a Locality, transit agency, public housing authority or redevelopment successor agency. (aaa) “Qualified Tribal Entity” means a Federally Recognized Native American Tribe, an eligible entity having co-ownership with a Federally Recognized Native American Tribe, or an eligible entity established by a Federally Recognized Native American Tribe to undertake Tribal housing or transportation projects. (bbb) “Qualifying Transit” means a transit line serving the public that is operated by the following: (1) Directly operated by a public entity; (2) Operated by a public entity via a contract for purchased transportation service with a private or non-profit provider; or (3) Operated by a private or non-profit entity as a grant Recipient or sub-recipient from a public entity. Qualifying Transit for the purpose of the Program includes various forms of fixed transit service (Rail Service and Bus Service) and Flexible Transit Service. A Qualifying Transit line requires service that departs two (2) or more times on the same route during Peak Hours as defined by the transit operator. This level of service must have occurred regularly at some point between January 2020 and the time of application. Flexible Transit service is exempt from these Peak Hours frequency requirements. (ccc) “Rail Service” means regularly scheduled public transit service running on rails or railways. (ddd) “Recipient” means the eligible applicant receiving a commitment of Program funds. (eee) “Regulatory Agreement” means the written agreement between the Department and the Sponsor that will be recorded as a lien on the Affordable Housing Development to control the use and maintenance of the Project, including restricting the rent and occupancy of the Assisted Units. (fff) “Restricted Units” mean residential units restricted by an enforceable covenant or agreement with the Department or other public agency to occupancy by low- or very low-income households, with affordable rents pursuant to MHP Guidelines Section 7312 or affordable housing costs pursuant to the CalHOME Program. Restricted Units must be substantially equivalent in size and number of bedrooms to the 3.D.c Packet Pg. 98 Attachment: AHSC Round 6 Final Guidelines (4504 : Resolution Authorizing AHSC Grant Application) Round 6 FY 2019-20 AHSC Program Guidelines - 65 - February 24, 2021 balance of units in the Housing Development. Restricted Units may consist of units designated for any housing tenure, rental or owner-occupied, within the Housing Development. (ggg) “Rural Area” means the definition in Health and Safety Code Section 50199.21. (hhh) “Rural Innovation Project Area (RIPA)” means a Project Area located within a Rural Area which includes at least one (1) Transit Station/Stop with a combination of two or more eligible costs as defined in Section 103. (iii) “Safe and Accessible Walkway” means a pedestrian corridor that has the following: (1) Continuously-paved, ADA-compliant sidewalks. (2) Marked pedestrian crossings at all arterial intersections. (3) Attributes which contribute to comfort and safety including, but not limited to, adequate lighting or shade canopy. (jjj) “Secure Overnight Bicycle Parking” means bicycle parking that is not accessible to the general public, is completely enclosed and protects the bicycle from inclement weather, and allows for the bicycle frame to be secured to the bicycle rack at two points. Examples of Secure Overnight Bicycle Parking include bicycle rooms, bicycle lockers, and bicycle cages. (kkk) Site Control” means the applicant or Developer has control of property through one or more of the following: (1) Fee title; (2) A leasehold interest on the property with provisions that enable the lessee to make improvements on and encumber the property provided that the terms and conditions of any proposed lease shall permit, prior to grant funding, compliance with all program requirements; (3) An enforceable option to purchase or lease which shall extend through the anticipated date of the Program award as specified in the NOFA; (4) An executed disposition and development agreement, right of way, or irrevocable offer of dedication to a Public Agency; (5) An executed encroachment permit for construction of improvements or facilities within the public right of way or on public land; (6) An executed agreement with a public agency that gives the applicant exclusive rights to negotiate with the agency for the acquisition of the site; provided that the major terms of the acquisition have been agreed to by all parties; (7) A land sales contract or enforceable agreement for acquisition of the property; or 3.D.c Packet Pg. 99 Attachment: AHSC Round 6 Final Guidelines (4504 : Resolution Authorizing AHSC Grant Application) Round 6 FY 2019-20 AHSC Program Guidelines - 66 - February 24, 2021 (8) Other forms of site control that give the Department assurance (equivalent to 1- 7 above) that the applicant or Developer will be able to complete the Project and all housing designated in the application in a timely manner and in accordance with all the requirements of the Program. (lll) “Smoke Free Housing” means an Affordable Housing Development that implements a policy banning the ignition and burning of tobacco products (including, but not limited to, cigarettes, cigars, pipes, and water pipes or hookahs) in all living units, indoor common areas, and all other interior spaces. The smoke-free policy must also extend to all outdoor areas within 25 feet of occupied buildings on the AHD property. (mmm) “Substantial Rehabilitation” means a Housing Development with reasonable direct rehabilitation construction contract costs of at least $35,000 per residential unit. Rehabilitation shall include energy efficiency upgrades per residential units. Rehabilitation projects must fully and efficiently address all of the physical needs of the Project for the term of the project loan and therefore merely meeting the minimum threshold cost amount of $35,000 per residential unit may not, in and of itself, be sufficient to be considered Substantial Rehabilitation for purposes of the project loan. (nnn) “Sustainable Transportation Infrastructure” means capital project(s) that result in the improvement or addition of infrastructure that encourages mode-shift from single occupancy vehicles by enhancing: 1) public transit service, 2) pedestrian networks, or 3) bicycle networks (includes public bike-share programs) as well as operations expenditures that directly support transit expansion, or a return to service levels seen prior to COVID-19 induced service cuts, within the defined Project Area meeting the transit requirements detailed in Section 102 (c) or (d). (ooo) “TCAC” means the California Tax Credit Allocation Committee. (ppp) “Transit Corridor” means a transportation corridor which meets one of the following criteria: 1) A corridor served by Qualifying Transit; or 2) A corridor served by High Quality Transit that has been the subject of analysis, planning and environmental mitigation, and has been designated for investment within the regional transportation plan of a MPO, RTPA, or within a long range transportation plan of a transit agency. (qqq) “Transit Signal Priority (TSP)” means an operational strategy that facilitates the movement of transit vehicles through traffic-signal controlled intersections. Objectives of TSP include meeting on time schedule performance and improved transit travel time efficiency while minimizing impacts to normal traffic operations. TSP is made up of four components: (1) a detection system that lets the TSP system where the vehicle requesting signal priority is located. The detection system communicates with a (2) priority request generator that alerts the traffic control system that the vehicle would like to receive priority. (3) Priority control strategies; and 4) System management software collecting data and generating reports. (rrr) “Transit Station/Stop” means a designated location at which the various Qualifying Transit service(s) drop-off and pick-up riders. 3.D.c Packet Pg. 100 Attachment: AHSC Round 6 Final Guidelines (4504 : Resolution Authorizing AHSC Grant Application) Round 6 FY 2019-20 AHSC Program Guidelines - 67 - February 24, 2021 (sss) “Transportation Demand Management” (TDM) means strategies that increase transportation system efficiency by encouraging shifting from single-occupant vehicle (SOV) trips to non-SOV transportation modes, or shifting SOV trips off peak travel periods. Effective TDM strategies result in reduction of vehicle miles traveled (VMT) by increasing travel options, providing incentives and information to incentivize individuals and employers to modify their travel behavior to support these objectives, and/or by reducing the need to travel or reducing travel distance via location efficient development patterns. TDM strategies encourage travel by transit, bike, walking or in shared vehicles. (ttt) “Transportation-Related Amenities” means capital improvements that are publicly accessible and provide supportive amenities to pedestrians, cyclists and transit riders (i.e. bike parking, bus shelter, benches, street trees, etc.) within the defined Project Area meeting the transit requirements detailed in Section 102 (c) or (d). (uuu) "Urban Forestry" means the cultivation and management of native or introduced trees and related vegetation in urban areas for their present and potential contribution to the economic, physiological, sociological, and ecological well-being of urban society. (vvv) "Urban forest" means those native or introduced trees and related vegetation in the urban and near-urban areas, including, but not limited to urban watersheds, soils and related habitats, street trees, park trees, residential trees, natural riparian habitats, and trees on other private and public properties. (www) “Urban Greening” means the incorporation of greenscaped pedestrian and bicycle trail systems, urban street canopy, green alleys, drought tolerant and native species landscaping and landscape restoration, green roofing, community gardens, natural infrastructure and stormwater features into public open spaces. If not abundantly clear, public accessibility must be demonstrated to the satisfaction of Department staff, such as through a recorded instrument, and run for at least 55 years. Public open space must offer reasonable hours of use for the public, such as dawn to dusk. Community gardens do not have to be publicly accessible as long as they are available to residents of the Affordable Housing Development. (xxx) “Urban Uses” means any residential, commercial, industrial, transit, transportation passenger facility, or retail use, or any combination of those uses. Urban uses do not include lands used for agricultural uses or parcels in excess of 15,000 square feet in size and containing only one single-family residence. (yyy) “Very-Low Income” has the meaning set forth in Health and Safety Code Section 50105. (zzz) “Water Efficiency” means controlling water at the source through design—both rainfall and storm water runoff through a decentralized system that distributes storm water across a project site in order to replenish groundwater supplies. (aaaa) “Zero Emission Vehicle (ZEV)” means battery electric vehicles, plug-in hybrid electric vehicles, and hydrogen fuel cell vehicles. 3.D.c Packet Pg. 101 Attachment: AHSC Round 6 Final Guidelines (4504 : Resolution Authorizing AHSC Grant Application) Round 6 FY 2019-20 AHSC Program Guidelines - 68 - February 24, 2021 Appendix B. Federally Recognized Native American Tribe Eligibility Federally Recognized Native American Tribes may qualify for AHSC funds if their Project meets the following requirements: (a) Projects are located on one of the following lands: (1) Tribal Trust Lands. Real property that is held in trust by the United States Government for the benefit of a Federally Recognized Native American Tribe; (2) Individual Trust Lands. Real property that is held in trust by the United States Government for the benefit of an individual member of a Federally Recognized Native American Tribe; (3) Tribal Fee Restricted Lands. Fee lands that are owned by or under the control of a Federally Recognized Native American Tribe that are subject to a United States Government restriction that the land continue to be owned by or remain under the control of a Federally Recognized Native American Tribe or member or members thereof; (4) Individual Fee Restricted Lands. Fee lands that were conveyed by the United States Government as individual allotments to member or members of a Federally Recognized Native American Tribe, regardless as to whether the property is now under common ownership among several members of that same Federally Recognized Native American Tribe; (5) Tribally-Owned Unrestricted Lands. Fee lands that are owned by or under the control of a Federally Recognized Native American Tribe that are not subject to a United States Government restriction that the land continue to be owned by or remain under the control of a Federally Recognized Native American Tribe or member or members thereof; AND; (b) The applicant meets the following requirements as a condition of award funding as set forth in a Standard Agreement, but not as a condition to engage in the competitive award process: (1) BIA Consent. Applicants shall obtain Bureau of Indian Affairs consent to applicant’s execution and recordation (as applicable) of all Department-required documents that are subject to 25 CFR sec. 152.34 or 25 CFR sec. 162.12, all prior to award disbursement. This requirement shall not apply to projects that are within subdivision (i)(5) of this Section. (2) Personal Jurisdiction for Tribal Applicants. For applicants that are Federally Recognized Native American Tribes or Tribal controlled entities, all such applicants shall provide and execute a limited waiver of sovereign immunity agreeing to the personal jurisdictions of state court. 3.D.c Packet Pg. 102 Attachment: AHSC Round 6 Final Guidelines (4504 : Resolution Authorizing AHSC Grant Application) Round 6 FY 2019-20 AHSC Program Guidelines - 69 - February 24, 2021 (3) Subject Matter Jurisdiction for Restricted Tribal Lands. For applicants proposing projects that are to be within property described in sub-divisions (i)(1), (i)(2), (i)(3), and (i)(4), all such applicants shall cause the subject Native American Tribe to provide and execute a limited waiver of sovereign immunity satisfactory to the Department, agreeing to the subject matter jurisdiction of state court. (4) Title Insurance Requirements. Applicants shall provide title insurance for the property underlying the Project satisfactory to the Department. Notwithstanding the foregoing sentence, upon a showing of good cause, for Applicants unable to provide a conventional title insurance policy satisfactory to the Department, all such Applicants shall demonstrate to the satisfaction of the Department that they hold title to the property pursuant to a title condition report issued by the BIA Land Title and Records Office, and pursuant to a title opinion letter issued for the benefit of the Department but paid for by the Applicant. (5) Recordation Requirements. Where recordation of instruments are required by the Department, the subject instrument shall be deemed sufficiently recorded if recorded with the Land Titles and Records Office at the BIA or if the subject instruments are recorded in the County recording system having jurisdiction over the property. (6) Fee Security Required. For all Projects, except those falling within subdivision (i)(1) and (ii)(2), fee security shall be required, unless the terms allowing leasehold security are satisfied as set forth in Title 25 CCR 8316. If a Department loan/grant is recorded on fee land then there must be a restriction preventing that land being put into trust until the Department loan/grant term is complete. (7) Minimum Requirements for Sovereign Immunity Waivers. Sovereign immunity waiver language shall be included in the Department Standard Agreement, and all Department regulatory and loan or grant agreements, all of which may be accomplished by incorporating by reference a separately executed sovereign immunity waiver instrument. The Applicant shall also provide or obtain a separate limited waiver of sovereign immunity instruments for both personal and subject matter jurisdictions which shall require, at a minimum, compliance with State construction standards and regulations. 3.D.c Packet Pg. 103 Attachment: AHSC Round 6 Final Guidelines (4504 : Resolution Authorizing AHSC Grant Application) Round 6 FY 2019-20 AHSC Program Guidelines - 70 - February 24, 2021 Appendix C. Awardee Publicity Guidelines AHSC award Recipients are required to acknowledge SGC, HCD, and California Climate Investments (CCI) in all publications, websites, signage, invitations, and other media- related and public-outreach products related to the AHSC Project. Guidance on CCI logo usage, signage, and logo files contained in the Style Guide are available at: www.caclimateinvestments.ca.gov/logo-graphics-request. SGC and HCD staff will provide their respective logo files and guidance on their usage directly to Recipients. (a) Long-form written materials, such as reports, must include the following standard language about SGC, HCD, AHSC, and CCI: (1) “The Affordable Housing and Sustainable Communities (AHSC) Program builds healthier communities and protects the environment by increasing the supply of affordable places to live near jobs, stores, transit, and other daily needs. This program is administered by Strategic Growth Council (SGC), which coordinates the activities of State agencies and partners with stakeholders to promote sustainability, economic prosperity, and quality of life for all Californians (www.sgc.ca.gov) and implemented by the Department of Housing and Community Development (HCD). The AHSC Program is part of CCI, a statewide program that puts billions of Cap-and-Trade dollars to work reducing GHG emissions, strengthening the economy, and improving public health and the environment – particularly in disadvantaged communities. The Cap-and-Trade program also creates a financial incentive for industries to invest in clean technologies and develop innovative ways to reduce pollution. California Climate Investments projects include affordable housing, renewable energy, public transportation, zero- emission vehicles, environmental restoration, more sustainable agriculture, recycling, and much more. At least 35 percent of these investments are located within and benefiting residents of disadvantaged communities, low- income communities, and low-income households across California. www.caclimateinvestments.ca.gov.“ (b) Any informational materials that do not qualify as long-form, but that include at least a paragraph of text, such as press releases, media advisories, short case studies, some flyers, etc., should include the following language: (1) Long version: “[Project Name] is supported by California Strategic Growth Council’s Affordable Housing and Sustainable Communities program with funds from California Climate Investments, a statewide initiative that puts billions of Cap-and-Trade dollars to work reducing greenhouse gas emissions, strengthening the economy, and improving public health and the environment – particularly in disadvantaged communities.” (2) Short version: “[Project Name] is supported by California Strategic Growth Council’s Affordable Housing and Sustainable Communities program with funds from California Climate Investments—Cap-and-Trade Dollars at Work.” 3.D.c Packet Pg. 104 Attachment: AHSC Round 6 Final Guidelines (4504 : Resolution Authorizing AHSC Grant Application) Round 6 FY 2019-20 AHSC Program Guidelines - 71 - February 24, 2021 (c) Recipients may at times produce promotional materials that are primarily visual in nature, such as banners, signage, certain flyers, and sharable images for social media. In such cases, when including the boilerplate language acknowledging CCI and SGC support is not practical, grantees should instead include the official logos of both SGC and CCI, preceded by the words “Funded by.” (d) AHSC award Recipients are required to identify a point of contact for all press inquiries and communications needs related to the project and provide the name, phone number and email address of this individual to SGC. Recipients must also distribute a press release after grant decisions are made at SGC’s Public Council Meeting and are encouraged to do so for other major milestones throughout the lifecycle of the grant. All press releases must be approved by SGC Communications Office prior to distribution and SGC must be alerted and invited to participate in any and all press conferences related to the award. (e) AHSC Recipients are required to prepare one or more two-to-four-page documents that provide a summary of the Project components and tell the story of the AHSC proposal development process and/or implementation. All such materials must be approved by SGC Communications Office prior to distribution. These materials will be displayed on SGC website. (f) AHSC Applicants and Recipients are encouraged to use social media to share the process of creating an AHSC proposal and to inform the throughout implementation. @CalSGC, @California_HCD, and @CAClimateInvest should be tagged on all posts related to the AHSC grant. Use of the hashtags #AHSC, #AffordableHousing, and #SustainableCommunities is encouraged. 3.D.c Packet Pg. 105 Attachment: AHSC Round 6 Final Guidelines (4504 : Resolution Authorizing AHSC Grant Application) Building Communitycenturyaffordable.org century.org 1000 corporate pointe, culver city, ca 90230 Building communities with proven social impact listen delivercollaborate Resident Services Community Engagement Development Property Management Resident Services Community Engagement Development Property Management Resident Services Community Engagement Development Property Management Resident Services Community Engagement Development Property Management Century works through the lens of a backbone organization acting as a catalyst for conversation between residents, management, services, local officials, and the surrounding community. This generates the clear intent and “buy in” necessary to deliver industry-leading build quality and a lasting presence in the communities we serve. Development Leveraging two decades of experience with master-planned communities and infill development, Century connects residents with services, and each other, by creating beautiful shared spaces and encouraging collaboration between agencies. Property Management The relationship between the plan and the person starts at the property office, where every opportunity is taken to foster a feeling of belonging and hope within thoughtfully maintained assets. Community Engagement Community is built through long-term collaborative relationships and trust between partners and residents. Resident Services Putting clients at the center of the planning process and operations assures that individual successes translate to community-wide economic and social impact. 3.D.d Packet Pg. 106 Attachment: CenturyTeam Fact Sheet (4504 : Resolution Authorizing AHSC Grant Application) Mission-driven property management Property Management: century manages and maintains affordable properties to create a thriving environment for our residents. Asset Management: century manages its portfolio of properties with a long view of ownership in order to maintain affordability and quality of life. Building Community Providing a safe and beautiful envi- ronment for individuals to live and work contributes to better results. Century’s award-winning LEED Platinum certified developments serve homeless veterans, homeless disabled individuals, and low-in- come families. Supportive services to ensure success are provided by Century and our partners. centuryaffordable.org “i aM treated with dignity and respect by property management and Oasis staff” *91% of CVC residents reported: Resident Services Community Engagement Development Property Management * From 2020 Social Impact Report 3.D.d Packet Pg. 107 Attachment: CenturyTeam Fact Sheet (4504 : Resolution Authorizing AHSC Grant Application) centuryaffordable.org Villages at Cabrillo Collaborative: the villages at cabrillo collaborative (vacc), a group of 11 on- and off-site partners, serve as a leadership advisory body for the entire community. One San Pedro Alliance: an emerging group of partners who will help to inform the design and services provided for the residents of the rancho san pedro housing community. Leadership Development: building the capacity of residents to “own” their community is key to the quality and vibrancy of our places. Building Community Century works closely with residents to gather their feedback and incorporate their ideas into every aspect of our communities from building design to the complement of services we provide. In addition, residents play critical roles in maintaining the safety of their neighborhood through community watch, Town Halls and Coffee Talks. Community is built through long- term collaborative relationships and trust between partners and residents Resident Services Community Engagement Development Property Management “we build vibrant coMMunities that are rooted in a recognition of community gifts.” 3.D.d Packet Pg. 108 Attachment: CenturyTeam Fact Sheet (4504 : Resolution Authorizing AHSC Grant Application) Building Community centuryaffordable.org Collective Impact: on- and off-site partners coordinate to provide comprehensive and complementary supportive services to our community. Focus: we provide housing- based case management services and youth and family services to residents in permanent supportive housing. County-contracted Provider: we offer intensive case Management services (icMs) for those residents enrolled in the dhs’ housing for health program. Housing is the first step to recovery for people who have experienced homelessness, extreme poverty, trauma, mental illness, or substance abuse. Century services are voluntary, client-driven, flexible, and focused on helping residents integrate into the community. For more than 10 years, Century has worked to coordinate these services within a collaborative network spanning multiple Century properties and outside agencies. “to be coMfortable in a place to call home is the biggest thing the Villages gave us.” Improving residents’ quality of life by supporting them to achieve their goals, lifting up their strengths and building their resiliency Resident Services Community Engagement Development Property Management More than 96% of resid e n t s retained pe r m a n e n t housing at CVC, exceeding t h e benchmark b y 1 1 percentage p oi n t s * * Benchmark: Home for Good: Standards of Excellence 3.D.d Packet Pg. 109 Attachment: CenturyTeam Fact Sheet (4504 : Resolution Authorizing AHSC Grant Application) Century’s development work is rooted in 25-years of experience with building multi-phase, campus- sized communities coupled with infill developments that foster hope and healing by connecting residents with their environment. Century authentically engages with community stakeholders throughout the development process, resulting in improvements to the end product that promote resident health and financial mobility while delivering measurable economic impact on surrounding neighborhoods. We are Marathoners: from design concept, resident services, site planning, and community engagement, we are in it for the long haul. our master planned communities are a testament to century’s ability to plan for and execute in the long term. we are a committed partner. Community Development: we listen with the intent to learn from local stakeholders and leverage existing resources while contributing new assets in the form of high-quality housing and community-oriented spaces. Preservation: in addition to building new, century acquires and rehabilitates income restricted properties to preserve affordability. we aim to perform substantial renovations that breathe new life into the structures and add modern amenities such as community rooms and gardens. Building Community centuryaffordable.org award-winning •Innovative architectural & environmental design •Sustainable & energy-efficient building standards •Integration with local transit Resident Services Community Engagement Development Property Management centuryvillages.org onesanpedro.org wlavc.org 3.D.d Packet Pg. 110 Attachment: CenturyTeam Fact Sheet (4504 : Resolution Authorizing AHSC Grant Application) 1 City Council Meeting: May 25, 2021 Santa Monica, California RESOLUTION NUMBER _________ (CCS) (City Council Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO SUBMIT A JOINT APPLICATION WITH CENTURY HOUSING FOR THE AFFORDABLE HOUSING AND SUSTAINABLE COMMUNITIES (AHSC) PROGRAM AND TO EXECUTE ALL APPLICATION DOCUMENTS THERETO WHEREAS, the State of California, the Strategic Growth Council (SGC) and the Department of Housing and Community Development (Department), has issued a Notice of Funding Availability dated February 24, 2021 (NOFA), under the Affordable Housing and Sustainable Communities (AHSC) Program established under Division 44, Part 1 of the Public Resources Code commencing with Section 75200; and WHEREAS, the City of Santa Monica (City) desires to submit a joint application with Century Housing (Developer) to apply for AHSC Program funds and submit the Application Package released by the Department for the AHSC Program; and WHEREAS, the SGC is authorized to approve funding allocations for the AHSC Program, subject to the terms and conditions of the NOFA, Program guidelines, Application Package, and Standard Agreement, and the Department is authorized to administer the approved funding allocations of the AHSC Program. 3.D.e Packet Pg. 111 Attachment: Proposed Resolution (4504 : Resolution Authorizing AHSC Grant Application) 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: SECTION 1. The City is hereby authorized and directed to apply for and submit to the Department the AHSC Program Application, as detailed in the NOFA dated February 24, 2021, for Round 6 in a total grant funding amount not to exceed $30,000,000, of which up to $20,000,000 can be requested as a loan for an Affordable Housing Development (AHD) (AHSC Loan) and up to $10,000,000 can be requested for a grant for Housing-Related Infrastructure (HRI), Sustainable Transportation Infrastructure (STI), Transit-Related Amenities (TRA), or Program (PGM) activities (AHSC Grant) as defined the AHSC Program Guidelines adopted by SGC on February 24, 2021. The application will include a request for up to $4,457,201 in grant funding to go towards the purchase of five (5) battery electric buses (BEB) to be utilized by the City’s Big Blue Bus transit service. SECTION 2. The City Manager is authorized to execute in the name of the City the AHSC Program Application Package. SECTION 3. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect. APPROVED AS TO FORM: _________________________ George S. Cardona Interim City Attorney 3.D.e Packet Pg. 112 Attachment: Proposed Resolution (4504 : Resolution Authorizing AHSC Grant Application)