MINUTES OF THE MEETING - Gateway Cities Council of Governments

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GATEWAY CITIES COUNCIL OF GOVERNMENTS JOINT MEETING OF THE BOARD OF DIRECTORS AND EXECUTIVE COMMITTEE Wednesday, January 6, 2021 6:00 p. m. Meeting TELECONFERENCE MEETING VIA ZOOM Register in advance for this webinar: https://us02web.zoom.us/webinar/register/WN_-N3zKa-yRVimppnhFb_WPw After registering, you will receive a confirmation email containing information about joining the webinar. AGENDA AGENDA REPORTS AND OTHER WRITTEN DOCUMENTS ARE AVAILABLE ON THE GATEWAY CITIES COG WEBSITE AT WWW.GATEWAYCOG.ORG. ON MARCH 4, 2020, GOVERNOR NEWSOM PROCLAIMED A STATE OF EMERGENCY TO EXIST IN CALIFORNIA AS A RESULT OF THE THREAT OF COVID-19. THE GOVERNOR HAS ISSUED EXECUTIVE ORDERS THAT TEMPORARILY SUSPEND REQUIREMENTS OF THE BROWN ACT, INCLUDING ALLOWING PUBLIC AGENCIES TO HOLD PUBLIC MEETINGS VIA TELECONFERENCING AND TO MAKE PUBLIC MEETINGS ACCESSIBLE TELEPHONICALLY OR OTHERWISE ELECTRONICALLY TO ALL MEMBERS OF THE PUBLIC. PUBLIC COMMENTS: To address the Board of Directors on any agenda item or a matter within the Board’s purview, please provide written comments by 3 p.m., January 6, 2021, via email to [email protected]. All written comments submitted will become part of the official record. I. CALL TO ORDER II. ROLL CALL III. AMENDMENTS TO THE AGENDA - This is the time and place to change the order of the agenda, delete or add any agenda item(s). IV. PUBLIC COMMENTS – All submitted written comments will be read at this time. Page 1 Page 1

Transcript of MINUTES OF THE MEETING - Gateway Cities Council of Governments

GATEWAY CITIES COUNCIL OF GOVERNMENTS JOINT MEETING OF THE BOARD OF DIRECTORS AND

EXECUTIVE COMMITTEE

Wednesday, January 6, 2021 6:00 p. m. Meeting

TELECONFERENCE MEETING VIA ZOOM

Register in advance for this webinar: https://us02web.zoom.us/webinar/register/WN_-N3zKa-yRVimppnhFb_WPw

After registering, you will receive a confirmation email containing information about joining the webinar.

AGENDA

AGENDA REPORTS AND OTHER WRITTEN DOCUMENTS ARE AVAILABLE ON THE GATEWAY CITIES COG WEBSITE AT WWW.GATEWAYCOG.ORG.

ON MARCH 4, 2020, GOVERNOR NEWSOM PROCLAIMED A STATE OF EMERGENCY TO EXIST IN CALIFORNIA AS A RESULT OF THE THREAT OF COVID-19. THE GOVERNOR HAS ISSUED EXECUTIVE ORDERS THAT TEMPORARILY SUSPEND REQUIREMENTS OF THE BROWN ACT, INCLUDING ALLOWING PUBLIC AGENCIES TO HOLD PUBLIC MEETINGS VIA TELECONFERENCING AND TO MAKE PUBLIC MEETINGS ACCESSIBLE TELEPHONICALLY OR OTHERWISE ELECTRONICALLY TO ALL MEMBERS OF THE PUBLIC.

PUBLIC COMMENTS: To address the Board of Directors on any agenda item or a matter within the Board’s purview, please provide written comments by 3 p.m., January 6, 2021, via email to [email protected]. All written comments submitted will become part of the official record.

I. CALL TO ORDER

II. ROLL CALL

III. AMENDMENTS TO THE AGENDA - This is the time and place to change the orderof the agenda, delete or add any agenda item(s).

IV. PUBLIC COMMENTS – All submitted written comments will be read at this time.

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V. MATTERS FROM STAFF

VI. CONSENT CALENDAR: All items under the Consent Calendar may be enacted by one motion. Any item may be removed from the Consent Calendar and acted upon separately by the Board of Directors.

A. Approval of Warrant Register - Request for Approval of Warrant Register Dated January 6, 2021 (Pg. 5) - Approve

B. Minutes of the Board of Directors Meeting of December 2, 2020 &Special Board of Directors Meeting of December 7, 2020 (Pg. 18) –Approve

C. Local Agency Investment Fund Statement (Pg. 29) – Receive & File

D. Report from the Conservancy Committee – No Report

E. Report from the Economic Development Working Group – No Report

F. Report from the Gateway Water Management Authority – No Report

G. Report from the I-710 Corridor Project – No Report

H. Report from the SR-91/I-605/I-405 Corridor Cities Committee – No Report

I. Report from PATH (COG Homeless Program Implementation Agency) – (Pg.31)– Receive & File

J. Cap and Trade Update – (Pg. 41) Receive & File

K. Gateway Cities COG Housing Program Report – (Pg. 47)Receive & File

L. Matters from the I-5 Consortium Cities Joint Powers Authority – No Report

M. Matters from the League of California Cities – (Pg. 51) Receive & File

N. Matters from Southern California Association of Governments (SCAG)– No Report

O. Matters from Eco-Rapid Transit (WSAB) – No Report

P. Matters from the South Coast AQMD & CARB – No Report

Q. Matters from the Metro Gateway Cities Service Council – No Report

R. Matters from the Metro Eastside Transit Corridor (Gold Line) Phase II – No Report

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T. Matters from Metro - No Report

U. County Response to the December 7, 2020, Letter to the Los Angeles County Board of Supervisors (Pg. 59) - Receive & File

V. Memorandum of Understanding No. M-00x-21 Between the Southern California Association of Governments and Gateway Cities Council of Governments for Regional Early Action Planning (REAP) Funds (Pg. 62) - Receive & File

W. Letter to Los Angeles County Supervisors Requesting Sharing of Federal COVID-19 Relief Funding (Pg. 131) – Receive & File

X. Gateway Cities Council of Governments Committee on Homelessness Structure and Vacancies (Pg. 134) – Receive & File

CONSENT CALENDAR ACTION:

A MOTION TO APPROVE THE RECOMMENDATIONS FOR CONSENT CALENDAR ITEMS A THROUGH X.

VII. REPORTS

A. Quarterly Update from Caltrans District 7 and Introduction of New DistrictDirector – Presented by Caltrans Staff

SUGGESTED ACTION: A MOTION TO RECEIVE & FILE REPORT

B. South Coast AQMD Zero Emission Truck Fleet Demonstration Proposal andSupport Letter – Presentation by AQMD Staff (Pg. 142)

SUGGESTED ACTION: A MOTION TO APPROVE LETTER AND RECEIVE & FILE REPORT

C. Report from Transportation Committee – Mayor Robert Garcia, Chair

1. COG Comment Letter on the MTA COVID Recovery Task Force – Karen Heit, Transportation Analyst (Pg. 150)

2. COG Comment Letter on the MTA Subregional Equity Program White Paper – Karen Heit, Transportation Analyst (Pg. 193)

SUGGESTED ACTION: A MOTION TO APPROVE BOTH LETTERS AND RECEIVE & FILE REPORT

10 Min

10 Min

10 Min

S.

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Matters from the Port of Long Beach (Pg. 55 ) - Receive & File

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VIII. MATTERS FROM THE BOARD OF DIRECTORS

IX. MATTERS FROM THE PRESIDENT

A. APPOINTMENTS TO COMMITTEE ON HOMELESSNESS (LCA 1, LCA 2, LCA4)

X. ADJOURNMENT

NOTICE: New items will not be considered after 8:00 p.m. unless the Board of Directors votes to extend the time limit. Any items on the agenda that are not completed will be forwarded to the next regular Board of Directors meeting scheduled for Wednesday, January 6, 2021, 6:00 PM.

IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN THIS MEETING, PLEASE CONTACT THE COG OFFICE AT (562) 663-6850. NOTIFICATION 48 HOURS PRIOR TO THE MEETING WILL ENABLE THE COUNCIL OFGOVERNMENTS TO MAKE REASONABLE ARRANGEMENT TO ENSURE ACCESSIBILITY TO THISMEETING.

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VI. CONSENT CALENDAR ITEM A

Approval of Warrant Register

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VI. CONSENT CALENDARITEM B

Approval of Minutes

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Minutes of the Board of Directors Meeting of December 2, 2020

MINUTES OF THE MEETING OF THE GATEWAY CITIES COUNCIL OF GOVERNMENTS

BOARD OF DIRECTORS Gateway Cities Council of Governments

16401 Paramount Blvd. Paramount, California

December 2, 2020

Zoom Conference

GCCOG President Maria Davila called the meeting to order at 6:03 PM.

PRESENT: President Maria Davila, City of South Gate (E) 1st Vice President Cinde MacGugan Cassidy, City of Avalon (E) Immediate Past President Fernando Dutra, City of Whittier (E) Member Tony Lima, City of Artesia Member Raymond Dunton, City of Bellflower (E) Member Pedro Aceituno, City of Bell Gardens Member Oralia Rebollo, City of Commerce (E) Member Emma Sharif, City of Compton Member Elizabeth Alcantar, City of Cudahy Member Alex Saab, City of Downey (E) Member Marilyn Sanabria, City of Huntington Park (E) Member John Lewis, City of La Mirada (E) Member Ariel Pe, City of Lakewood Member Robert Garcia, City of Long Beach Member Marisela Santana, City of Lynwood Member Heber Marquez, City of Maywood Member Angie Jimenez, City of Montebello Member Margarita Rios, City of Norwalk Member Vilma Cuellar Stallings, City of Paramount Member Joe Angel Zamora, City of Santa Fe Springs (E) Member Edward H. J. Wilson, City of Signal Hill (E) Member Herlinda Chico, Office of Supervisor Janice Hahn (E) Member Kimberly Ortega, Office of Supervisor Hilda Solis Member Sharon Weissman, Port of Long Beach

ABSENT: 2nd Vice President Ali Saleh, City of Bell Member Naresh Solanki, City of Cerritos (E) Member Jesse Alvarado, City of Hawaiian Gardens Member Cory Moss, City of Industry Member Rex Richardson, City of Long Beach Member Brent Tercero, City of Pico Rivera Member William Davis, City of Vernon Member Lacey Johnson, Office of Supervisor Mark Ridley-Thomas

(E) Executive Committee

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Minutes of the Board of Directors Meeting of December 2, 2020

ALSO PRESENT: Thaddeus McCormack, City Manager – City of Lakewood; Nancy Pfeffer, Melani Smith, Gilbert Saldate, Karen Heit, Stephanie Cadena, Joel Arevalos, Genny Cisneros, Sandra Mora, Ivy Tsai – COG Staff; Norman Emerson – Emerson Associates; Claudette Moody – WSP; Luke Klipp – City of Long Beach; Nina Turner, Local/Regional Liaison – Port of Long Beach; Dianne Guevara – City of South Gate; Mark Dierking, Steven Lee – Metro; Sarah Patterson, Regional Affairs Officer – SCAG; Kristine Guerrero – League of California Cities; David Torres – City of Montebello; Karen Lee, Management Analyst – City of Artesia; Guadalupe Camberos – Office of Sup. Solis; Eli Lipmen – Move LA; Danielle Soto – South Coast Air Quality Management District.

Roll call was taken by GCCOG Office Assistant Sandra Mora. There was one amendment to the agenda. By request of the COG Board Officers, staff prepared an item relating to the County’s Public Health Order. The item came up after the agenda was posted, and the County order would expire before the next Board meeting, therefore staff has added it as an emergency item to this agenda. The information was emailed to the Board prior to the meeting, and originally came to the COG as a request from a member City.

President Davila asked for a motion to approve adding the emergency item to the agenda. First Vice President Cinde Cassidy moved to approve and it was seconded by Immediate Past President Fernando Dutra. COG Staff Mora performed a roll call, and the item was approved. Director Pfeffer recommended addressing this item after the Transportation Committee Report.

There were no public comments. Under Matters from Staff, Executive Director Nancy Pfeffer thanked past President Diane DuBois for joining the meeting. COG staff played a video to honor and thank her for her service with the GCCOG. Dubois expressed thanks and Boardembers wished her a happy retirement.

Director Pfeffer reported that the COG did not receive the federal EDA grant that we applied for. This application was submitted for CARES Act funding in partnership with USC, to help fund our complete streets corridors. COG staff is looking to request assistance from our federal representatives to find other opportunities to fund this work.

Director Pfeffer reported that staff has submitted an application for REAP funding. The Board received a presentation in October on the work plan for the $1.3 million in funding that the COG will receive over a couple of years from SCAG to assist with affordable housing planning and production. SCAG has provided comments on our application and staff is responding.

Director Pfeffer also shared the new pages on the COG website, including the new Resource Page for Homelessness, and the SoCalREN program webpage on energy efficiency. Additionally, staff is looking into how to make better use of the COG’s social media accounts, including LinkedIn and Twitter. Staff is coming up with a content calendar to make more regular use of these accounts and communicate the work of the COG to its members and stakeholders.

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Minutes of the Board of Directors Meeting of December 2, 2020

Lastly, Director Pfeffer provided an update on the story that was shared on KCRW radio about the I-605 corridor improvement project. She was quoted briefly on the commitments Metro has made to work with affected cities.

President Davila asked for a motion to approve the Consent Calendar. Immediate Past President Fernando Dutro moved to approve and it was seconded by Member Ed Wilson. COG Staff Mora performed a roll call and the item was approved.

President Davila turned to the Transportation Committee Report. Mayor Robert Garcia said there was no Metro Board meeting in between the COG meetings, and the Metro Board meeting will be meeting the following day. Phil Washington has been selected by President-elect Biden to lead the transportation department transition, which is a huge deal for our region and speaks positively for projects in our region.

Mayor Garcia briefly mentioned the impacts that COVID has had to Metro’s budget, and said staff is continuing to deal with the impacts. He acknowledged outgoing Metro Board members, John Fasana and Mark Ridley-Thomas, and noted Holly Mitchell will be joining.

Lastly, Mayor Garcia introduced a letter from the Transportation Committee for the Board’s consideration. Director Pfeffer said it is a staff comment letter to Metro staff regarding implementing a motion by the Metro Board earlier this year on modernizing the highway program, which is designed to revise the Measure M and Measure R guidelines for how funding can be used on highway projects to make them more flexible, and to reflect other transportation priorities. COG staff and the Transportation Committee had some concerns about removing language regarding safety and traffic flow. The letter takes a neutral position and provides Metro staff with comments on how to implement the motion of their board. The COG received public comments on this matter, which asked for the COG to take a more active role, though what the advocates are asking for is in alignment with what staff also supports.

Member Garcia moved to approve staff’s recommendation and it was seconded by Immediate Past President Dutra. COG Staff Mora performed a roll call and the item was approved. There were two abstentions.

President Davila turned to the added Emergency item. Director Pfeffer reported that the City of Downey asked the COG for support of their letter to the County Board of Supervisors in regard to the outdoor dining ban. Director Pfeffer drafted a letter for the Board’s consideration. She noted that Member Kimberly Ortega had offered to invite a speaker from the Public Health Department to join the meeting. Member Ortega said staff was not available, however she would be able to relay any questions. Director Pfeffer reviewed the most recent actions taken by the County, including the sweeping restrictions on outdoor activities and the outdoor dining ban, and also noted the letters and resolutions from member cities of Downey, Lakewood and Whittier. Director Pfeffer also reviewed actions by the other COGs, noting that several individual cities share similar concerns about economic impacts. San Gabriel Valley COG (SGVCOG) sent a letter to the County expressing that it would be helpful to have a venue of direct communication between city

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staff and public health department staff to make sure that we understand what the basis and data for their recommendations are. City Managers of San Gabriel Valley COG felt that the situation was changing very quickly, and that it was more important to understand the data and basis for public health decisions than to address or submit letters for any one order. The COG’s draft letter is modeled after SGVCOG’s.

Member Dutra thanked staff for their work. He shared that a restaurant in Whittier would be laying off its employees in the following week as a direct result of the outdoor dining ban. This is a difficult decision and while he appreciates staff’s draft letter, he would like to take a stronger position. Fundamentally the restaurant industry is taking an unfair and inequitable burden of the pandemic, due to the overburdening restrictions. There is no evidence that supports the County’s curfew or restaurant restrictions. Dutra said the COG’s position should resemble that of our member cities, and also suggested the letter include a request for the County to treat individual cities similarly to how the States treat counties. Cities could have similar metrics applied by which restrictions are then decided.

Member Pedro Aceituno agreed, and asked for support to include the card club industry cities, like Commerce, Compton, and Hawaiian Gardens, that are also being heavily impacted. Casinos have been doing everything they’ve been asked to do to ensure safety.

Member Oralia Rebollo agreed, and said Commerce depends on their card club for over 40% of their budget. The card club has spent millions of dollars to make sure their rooms are safe. She emphasized that in no way are we underestimating the virus or its public health impacts, but are asking to look at all of the data and facts.

Member Ariel Pe echoed the previous comments and added that having clear data could help us answer constituent’s questions and concerns and help clear confusion.

Member John Lewis commented in support of the resolutions by Downey, Lakewood and Whittier. He shared that La Mirada reviewed the public health ban and found there are only 2 businesses in the city that have COVID-related issues, none of which are restaurants. Shutting down restaurants is having profoundly serious effects, and many businesses will be closed permanently. Lewis supports taking a stronger position in the COG’s letter and also offered to share La Mirada’s resolution for other cities.

Member Alex Saab agreed with Dutra regarding the countywide restrictions and added that individual cities should have a say especially with impacts of this magnitude.

Member Ray Dunton said Bellflower previously sent a letter to the Office of Sup. Janice Hahn, and is in support of sending a stronger letter to the County to try to overturn the outdoor dining ban, with the inclusion of card clubs. Member Dunton made a motion.

Member Wilson commented that while he is in support of the business community, he is against trying to overturn the County order. He has attended various COVID-19 informational meetings held virtually by the federal government, and noted that there has been severe mixed messaging. He emphasized that the virus does not care what city people are in, and a number of people have become infected due to out-of-town visitors.

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He commented that sending a letter to override the County’s public health officers is potentially politicizing the virus. The COG has a responsibility to businesses in our cities and our residents, but health is the first and most important issue. He believes we should turn to lobbying the state for stronger action, as we are seeing numbers escalate across the country, and allowing more business to open doesn’t address this issue and actually inflates the number of infections. He shared on family members who caught COVID over the past holiday weekend and emphasized the COG’s responsibility to support health care providers. Wilson suggested asking the County for regular briefings to receive updates and review the data, with opportunity for discussion. He commented that writing about economic impacts doesn’t consider our responsibility to the health of the community and finds that difficult to support. Public health officers are the ones making these decisions as they have the information and know what is best for the health and welfare of the people. Wilson said he does not believe it is appropriate to politically overturn the decisions of medical and public health professionals, and noted he would be against anything that would be a rebuttal to the health officers recommendations.

Member Heber Marquez agreed with Wilson’s comments, and added that we can’t be sure that there is full compliance of the public health orders by businesses. He said the County is doing the best they can and asked how the COG could help. The letter should look to provide possible solutions as a collective, and not as individual cities.

Cassidy commented that she understands how difficult the health department’s decisions are to make. However, she does not appreciate what appears to be back-and-forth decision-making on opening and closing businesses and the inconsistent restrictions imposed. As an example, she shared that in Avalon you are able to rent a kayak but not a golf cart. She noted the disparity in the rules and said the health department is not able to ensure precautions are actually taking place. Picking and choosing what can be open is unfair to economics in communities. Having visited many restaurants on the mainland, Cassidy does not believe Avalon should have to close down as they have shown to be the true embodiment of social distancing and are taking all precautions, especially in restaurants. From her perspective, the COG would not be questioning the Health department’s authority or knowledge, but is asking to look into the decision-making for this particular order and disparities in the rules.

Member Elizabeth Alcantar echoed Wilson’s comment about what work we can be doing without going against public health professionals’ orders. For example, the COG can push for funding from congressional representatives for families and workers in our communities. She noted the science has said outdoor dining is a wide spreader for COVID-19, and while we can ask for disparities that are happening in terms of closures and non-closures to be addressed, we cannot ask to overturn the order for nonessential businesses. Protecting our residents also means protecting our workers, including those that work in other cities. We should advocate to states and congress representatives to make sure they give our residents the funding they need.

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Member Kimberly Ortega read a statement from Sup. Solis on the COVID-19 related closures, especially those in the COG region. The statement was made after the County’s order last Tuesday. The statement included data on the number of new positive cases and number of people hospitalized with COVID-19.

Lewis commented that the statement did not include numbers related to outdoor dining. Statistics have shown that approximately 3% of cases are due to dining. He also noted that many restaurants are no longer eligible for new funding from the federal government, and that new funding should be revised so that restaurants that previously accessed CARES Act assistance can be eligible for new funding. He also noted that cities along the eastern border of the COG lose anyway since residents only have to travel to Orange County if they want outdoor dining. He added that an article recently came out from a major source that confirmed outdoor dining is not contributing to increased virus cases. The COG’s letter would not disregard all of the County’s decisions, but ask for dining to continue only if proper precautions are taking place.

Member Margarita Rios said if the County wanted to double down, they should have done so in March. The message has been inconsistent and emphasized Lewis’ example about Orange County’s less strict restrictions. She hopes the County Supervisors are really in tune with the Public Health Department for anticipating what’s to come. She added that if they are going to recommend these decisions, they should also include remedies or cushioning in terms of economic relief, especially for businesses that are in dire need. She also noted that city leaders should have the ability to enforce some of the social distancing requirements. Completely putting the burden on businesses without facts that really support these decisions is dangerous. She added that many residents are doing outdoor dining to support their community and businesses. She shared that her family members have had COVID and knows the seriousness of the virus, but that the decisions that have been made are overreaching and there is a disconnect between what is happening on the ground and the County Board’s knowledge that needs to be fixed. Rios supports taking a firm position that lets the County understand how their decisions are impacting cities and people on the ground.

Wilson commented that the federal government is now debating on another stimulus bill, the parameters of which have not been issued, and it is upon us to push that everyone still be included, regardless of participation in the first round. He believes there should be a total shutdown for 3 weeks, and we should act before the numbers get too high. Every time we start making exceptions, we are allowing the pandemic to continue and thrive. It does not care about borders, businesses, or even people, and only cares about surviving.

Member Joe Angel Zamora commented in agreement with the positions taken by Downey, Lakewood, Whittier and the card club cities. He added that these decisions before the holidays could have people losing hope. People can catch COVID anywhere, such as ordering food to your home or getting a package in the mail. He emphasized that people need power of choice, and he would support a stronger position in the letter as the County is not communicating with cities. He suggested the COG could write two letters

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reflecting the positions expressed by Board members, in order to support each other. Most important is for the County to know that the COG is coming together as a united front.

President Davila commented that with the numbers continuing to rise in South Gate, her interests are to do what’s best for residents. If it’s between economics and health, health would come first. She appreciates the discussion and all of the opinions expressed. Davila would support sending a letter to the County to ask for more information and also looking forward to what we can do to support.

Davila asked for a second to Member Dunton’s motion. Dutra asked for the motion with an added amendment for the letter to include a recommendation for the County to treat cities or the subregion similar to how counties are treated by the state, with metrics applied to each. If cities have lower case numbers, they could have the ability to decide to keep restaurants open. The purpose is to avoid the current one-size-fits-all solution and offers a more equitable way of treating the region instead of picking on one sector.

Dunton agreed, and restated the motion is to send a letter to the County asking to rescind the order made last Tuesday, and allow reopening of outdoor dining and card clubs. It would also include the amendment by Dutra to look at individual city data and not have them included in sweeping countywide decisions. Member Lewis seconded the motion. Member Rios asked to consider also including language on how communities of color have been disproportionately affected with no suggested solutions. Members agreed.

COG staff Mora performed a roll call and the motion passed, with four abstentions.

Director Pfeffer asked what process can be taken to ensure the intent of the Board is captured in the letter. Dunton said through the COG’s counsel, staff could reach out to those that made the motion and ask for clarification as needed.

Wilson said normally the Board would vote on a letter that is presented. In this case, he believes it is appropriate for the Board to see the letter that is crafted before it is sent.

COG Counsel Ivy Tsai suggested the Board convene a special meeting to review the letter. Board members agreed to meet on Monday, December 7th at 5pm, in order to review the letter and have it sent to the County Supervisors before their next meeting on December 6th.

There were no Matters from the Board of Directors. There were no matters from the President.

Adjournment: President Davila adjourned the meeting at 7:50 pm.

Respectfully submitted,

Nancy Pfeffer, Executive Director

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Minutes of the Board of Directors Meeting of December 7, 2020

MINUTES OF THE MEETING OF THE GATEWAY CITIES COUNCIL OF GOVERNMENTS

BOARD OF DIRECTORS Gateway Cities Council of Governments

16401 Paramount Blvd. Paramount, California

December 7, 2020

Zoom Conference

GCCOG President Maria Davila called the meeting to order at 5:03 PM.

PRESENT: President Maria Davila, City of South Gate (E) 1st Vice President Cinde MacGugan Cassidy, City of Avalon (E) Immediate Past President Fernando Dutra, City of Whittier (E) Member Raymond Dunton, City of Bellflower (E) Member Pedro Aceituno, City of Bell Gardens Member Oralia Rebollo, City of Commerce (E) Member Emma Sharif, City of Compton Member Elizabeth Alcantar, City of Cudahy Member Alex Saab, City of Downey (E) Member Jesse Alvarado, City of Hawaiian Gardens Member John Lewis, City of La Mirada (E) Member Ariel Pe, City of Lakewood Member Marisela Santana, City of Lynwood Member Heber Marquez, City of Maywood Member Angie Jimenez, City of Montebello Member Margarita Rios, City of Norwalk Member Vilma Cuellar Stallings, City of Paramount Member Joe Angel Zamora, City of Santa Fe Springs (E) Member Edward H. J. Wilson, City of Signal Hill (E) Member Herlinda Chico, Office of Supervisor Janice Hahn (E) Member Kimberly Ortega, Office of Supervisor Hilda Solis Member Sharon Weissman, Port of Long Beach

ABSENT: Member Tony Lima, City of Artesia 2nd Vice President Ali Saleh, City of Bell Member Naresh Solanki, City of Cerritos (E) Member Marilyn Sanabria, City of Huntington Park (E) Member Cory Moss, City of Industry Member Rex Richardson, City of Long Beach Member Robert Garcia, City of Long Beach Member Brent Tercero, City of Pico Rivera Member William Davis, City of Vernon Member Lacey Johnson, Office of Supervisor Mark Ridley-Thomas

(E) Executive Committee

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Minutes of the Board of Directors Meeting of December 7, 2020

ALSO PRESENT: Thaddeus McCormack, City Manager – City of Lakewood; Nancy Pfeffer, Melani Smith, Karen Heit, Stephanie Cadena, Joel Arevalos, Genny Cisneros, , Ivy Tsai – COG Staff; Tyler Bonanno-Curley, Manager of Government Affairs – City of Long Beach; Nina Turner, Local/Regional Liaison – Port of Long Beach; Karen Lee, Management Analyst – City of Artesia.

Roll call was taken by GCCOG Office Assistant Joel Arevalos. There were no amendments to the agenda. There were no public comments. There were no Matters from Staff.

President Davila turned to Reports from Committees. Director Pfeffer said the staff report and letter provided for the Board’s consideration are different from what was presented last week. She recapped the Board’s direction in the staff report and also added a reference to the new state orders being triggered based on ICU bed capacity by region. Our COG region, and all of LA County is now part of SoCal region that falls under this order, which includes restrictions on outdoor dining and other closures. She noted that Orange County falls under same order.

Director Pfeffer reviewed the contents of the new letter addressed to County supervisors. The letter begins by thanking the County and Public Health Department for their efforts to protect residents. The letter notes the disproportionate impacts in our region, and asks to rescind the outdoor dining ban. It also notes concerns about economic impacts due to the ban. Director Pfeffer also noted the discussion from last week about how different situations are treated differently when they should not. One major change is a new map added as an attachment to the letter to show COVID-19 prevalence in our region, and helps make the point that a one size solution does not fit all. There are stark differences in rates of COVID-19 as shown by the map. Director Pfeffer said this motivates discussion of asking for more localized ability to set policies. While we may be under a blanket order now, this could change in the future.

Further, the letter includes a direct request for County supervisors to make any and all of these things possible by doing all they can to provide economic and financial support for severe impacts to businesses. It asks to look into allocating potential County resources and seek additional state and federal resources, and the COG would be happy to support and advocate alongside with the County.

Immediate Past President Dutra thanked staff for their work, and said it is a great letter that captured the intent of the Board.

Member Wilson recommended we add ideas on how to open things up while following safety precautions.

Member Dutra thanked Wilson for his recommendations. Earlier in the afternoon, Dutra sent Director Pfeffer a paragraph to include in the letter that considers the new state recommendations and stay at home order. The language adds that once the state

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rescinds the stay-at-home order, the county could go back to consideration or rescinding their policy.

Director Pfeffer read the requested language, which was written in collaboration between Member Dutra and Lakewood City Manager Thaddeus McCormick.

Member Margarita Rios praised staff for their work on the letter, and for addressing how our communities of color have been impacted. She added that the new language proposed by Member Dutra already appears to be addressed in the letter.

Member Alex Saab agreed with the letter and said he is in support. Member Ray Dunton also agreed it is a great letter.

Member Ed Wilson said he thinks it’s a good letter and asked how many cities have mandated masks orders that they are enforcing. Dutra replied that it is unlikely this is happening. Member Wilson suggested to include as part of our solution and responsibility to have a mandated mask order within individual cities that is enforced. He also shared on family members that have contracted the virus. He said we cannot tell where infections came from, but can look at hospitals. There is now less than 15% ICU availability countywide. One we get to 0% availability, it is too late. He emphasized that we are going to see even more cases and less ability to treat them because our healthcare system is at the brink. While he is okay with the letter, he added that cities should say they will enact mandatory mask orders.

Director Pfeffer and President Davila noted the chat section of Zoom, where 1st Vice President Cinde Cassidy wrote that Avalon does enforce and is giving $100 fines for not wearing masks.

President Davila said the City of South Gate does not have the manpower to enforce restrictions. She believes it is a responsibility of each household.

Member Rios motioned to approve with the requested language from Member Dutra. Member Pedro Aceituno seconded. COG staff Arevalos did a roll call and the motion was approved.

There were no matters from board of directors. Under matters from the President, Davila shared that she has a new granddaughter and wished everyone a happy holiday.

Adjournment: President Davila adjourned the meeting at 5:27 pm.

Respectfully submitted,

Nancy Pfeffer, Executive Director

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VI. CONSENT CALENDARITEM C

Novemeber 2020 Local Agency Investment Fund Statement

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Local Agency Investment Fund P.O. Box 942809 Sacramento, CA 94209-0001 (916) 653-3001

December 07, 2020 LAIF Home PMIA Average Monthly Yields

Account Number: 40-19-045 November 2020 Statement

Tran Type Definitions

Account Summary

Total Deposit: 0.00 Beginning Balance: 303,518.00 Total Withdrawal: 0.00 Ending Balance: 303,518.00

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VI. CONSENT CALENDAR ITEM I

Report from PATH

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Age Range Male FemaleTransgender/ Gender Non Conforming

Unknown/ RefusedDecember

'20YTD (July'20 - June '21)

0 - 17 (Minors) 1 0 0 0 0 318 - 24 (Youth) 1 0 0 0 0 1625 - 64 (Adults) 27 20 0 0 0 44465 + (Older Adults) 1 0 0 0 0 1Total: 30 20 0 0 50 464

Categories December '20 YTD (July'20 - June '21) Services Linked [4]

December '20

YTD (July'20 - June '21)

Veteran 0 10 Alcohol & Drug Use TX 0 5

Domestic Violence 8 70 CBEST referral 1 7

Mental Illness 12 167 Crisis & Bridge Housing referral 2 87

Alcohol/ Drug Use 13 143 Direct Transportation 3 72

Chronic Health Condition 15 146 Employment referral 0 4

HIV/ AIDS 0 2 Housing Search apps 7 82

Chronically Homeless [3] 10 133 ID/ DL Voucher 8 86

Developmental Disability 3 60 LA-HOP tickets 26 318

Physical Disability 10 124 Legal Services referrals 0 3

Total Categories: 71 855 Mental Health referrals 2 16Motel/ Hotel Vouchers given 13 53

Race/ Ethnicity December '20 YTD (July' 19 - Jun '20)

Primary & Health Care 0 20

White 20 134 Sober living referral 0 4

Black/ African American 6 46 Ride Share (Uber/ Lyft) 7 `169

Hispanic/ Latino 38 286 Bus Pass 0 2Asian 1 4 Total: 69 759US Indian/ Alaska Native 1 9Hawaiian/ Pacific Islander 0 3

Multiple Races 1 10

Unknown/ Refused 5 43Total 72 535

July 2020 through June 2021

December '20

Please note that information is tracked as it becomes available. Many clients are initially unwilling to share personal info.

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5 1607 822 874 44

18 373

59 548

507 7167

40 240

45 305

651 8260 [5]

Total number linked to Crisis & Bridge Housing Total number permanently housed

December '20

YTD (July'20 - June '21)

Total

Unduplicated Contacts

Total Services Provided

Total:

HousingCoordinated Entry System (CES) Assessments Completed

YTD (July'20 - June '21)

Connected to a case management/housing Nav

December '20Contacts

Total number of community meeting attended

Total number of businesses contacted

[1] Unduplicated Contacts: indicates the number of new unique people that our outreach team hascontacted.[2] Total interactions: The number of contacts that our outreach team has made (includes multiple contactswith participants). [3] Chronic Homelessness: The person has lived in a place not meant for human habitation, safe haven, or emergency shelter for 1 year or a total of 12 months over the course of 3 years and the head of household has a disabling condition. [4] Services Linked: outreach has connected the individual to this service.[5] Total Contacts: The monthly & YTD number include the following data (total interactions, total number ofbusinesses contacted, and total number of community meetings attended).[6] Percentage of YTD unduplicated contacts with a mental illness or substance abuse disorder.[7] All referrals for services only count those attained[8] Age, Category, and Race/Ethnicity only refers to those newly outreached during the stated period[9] Total number of community meetings attended includes all homeless meetings attended by PATH staff

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Narrative

\

LCA 1:

The HYC outreach team was impacted from a COVID-19 exposure at the Commerce encampment identified by Public Health. The team was place on a 14-day quarantine and has is conducting telephone case management to their clients during quarantine. Through Housing Navigation, the team was able to assist 1 client into permanent supportive housing, in the City of Santa Fe Springs. HYC provided 1st month's rent and security deposit for move in.

Bell:MDT continued to respond to LA-HOP requests as needed and regularly scheduled. HYC conducted outreach on 12/2.We responded to (0) LA-HOP requests from Bell.

Bell Gardens: MDT continues to follow up with referrals, appointments, and any outreach services needed throughout the weekMDT continued to respond to LA-HOP requests as needed and regularly scheduled. HYC conducted outreach on 12/2.MDT/DHS/DPH/LAHSA/DMH participated in collaborative outreach to conduct COVID testing at encampments.We responded to (1) LA-HOP requests from Bell Gardens.

Commerce: MDT continued to respond to LA-HOP requests as needed and regularly scheduled. HYC conducted outreach on 12/2 and 12/3.MDT participant with mental health issues who was previously housed fell homeless. MDT helped participant regain permanent housing on 12/1/20. MDt still conducts retention services.We responded to (0) LA-HOP reqeuests from Commerce.

Cudahy: MDT continue to respond to LA-HOP requests as needed and regularly scheduled.HYC conducted outreach on 12/2.We responded to (0) LA-HOP requests from Cudahy.

East Los Angeles: MDT conducts outreach and continues to follow up with referrals, appointments, and any outreach services needed throughout the week HYC conducted outreach on 12/3. This was a joint outreach with LAHSA and MDT.MDT continued to respond to LA-HOP requests as needed and regularly scheduled.MDT/DHS/DPH/LAHSA/DMH participated in weekly collaborative outreach to conduct COVID testing at encampments.We responded to (5) LA-HOP requests from East LA.

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Narrative, continued

Huntington Park: MDT conducted weekly ongoing follow up appointment for intensive case management on a weekly basisMDY continued to respond to LA-HOP requests as needed and regularly scheduled. HYC continues to conduct outreachWe responded to (3) LA-HOP requests from Huntington Park.

Maywood:MDT continued to follow up with weekly referrals, appointments, and any outreach services needed.HYC continues to conduct outreachContinue to respond to LA-HOP requests as needed and regularly scheduled. We responded to (0) LA-HOP requests from Maywood.

VernonMDT continued to respond to LA-HOP requests as needed and regularly scheduled. We responded to (0) LA-HOP requests from Vernon.

South Gate: MDT continued to respond to LA-HOP requests as needed and regularly scheduled.HYC continues to conduct outreachHYC conducted outreach on 12/1.MDT/DHS/DPH/LAHSA/DMH participated in weekly collaborative outreach to conduct COVID testing at encampments.We responded to (3) LA-HOP requests from South Gate.

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Narrative, continued

LCA 2:

WFD was put under observation by the Department of Public Health due to rise in COVID cases and Street Outreach was unable to do much because of the order.

La Mirada: MDT conducts weekly to bi-monthly outreach and continues to follow up with referrals, appointments, and any outreach services needed throughout the week WFD outreached to clients at local parks (Creek Park, Regional Park, Neff Park, Behringer Park, Frontier Park, and Oeste Park)WFD working to refer clients to PRKWFD Continues to work with La Mirada clients at PRKMDT continues to respond to LA-HOP requests as needed and regularly scheduled.We responded to (1) LA-HOP requests from La Mirada.

Montebello: MDT conducts weekly to bi-monthly outreach and continues to follow up with referrals, appointments, and any outreach services needed throughout the week MDT continues to respond to LA-HOP requests as needed and regularly scheduled. 12/3/20: WFD outreach team met virtually with Montebello PD to discuss outreach plans. Due to COVID observation. outreach with PD was postponed until end of the yearPATH has began a collaboration with the City of Montebello Fire Department to create the Montebello Community Assistance Program (MCAP). This will be a multi-disciplinary team consisting of a social worker, case manager, and firefighter/paramedic .PATH will be providing the Housing Navigator for the full-time outreach team.We responded to (0) LA-HOP requests from Montebello.

Pico Rivera:MDT conducts weekly outreach and continues to follow up with referrals, appointments, and any outreach services needed throughout the week MDT continues to respond to LA-HOP requests as needed and regularly scheduled. Assessing and referring eligible clients to Project Roomkey Sites in SPA 7Working with client from the city of Pico Rivera and are in various PRK sites across the SPA to try to move them into long term supportive housing units 12/08/2020 : Integrated Community Health Coalition for Homelessness MeetingWe responded to (1) LA-HOP requests from Pico.

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Narrative, continued

Santa Fe Springs: MDT conducts weekly outreach and continues to follow up with referrals, appointments, and any outreach services needed throughout the weekMDT/DHS/DPH/LAHSA/DMH participated in collaborative outreach to conduct COVID testing at encampmentsMDT continues to respond to LA-HOP requests as needed and regularly scheduled.WFD still assessing and referring eligbile clients to PRK12/8/20: WFD continues to go out to encampments and driving to voting centersWe responded to (1) LA-HOP requests from Santa Fe Springs.

Whittier:

MDT conducts weekly outreach multiple times per week and continues to follow up with referrals, appointments, and any outreach services needed throughout the weekMDT/DHS/DPH/LAHSA/DMH participated in collaborative outreach to conduct COVID testing at encampmentsWeekly SPA 7 Care Coordination (Zoom Meeting) (Thursday 1:00pm-2:30 pm)Weekly SPA 7 Leadership Call (Thursdays 2:30pm)Weekly LAHSA Executive Leadership Call (Fridays 4:00 pm) 12/1/20: Project Homekey Site in Motel 6 oficially opens. Site was put under observation by LA County Dept. of Public Health due to increases cases and exposure.We responded to (3) LA-HOP requests from Whittier.

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Narrative, continued

LCA 3:

Artesia: KBC staff conducted outreach as needed despite COVID setbacksMDT outreaches Bi-monthly and continues to follow up with referrals, appointments, and any outreach services needed throughout the week. MDT continues to respond to LA-HOP requests as needed and regularly scheduledWe responded to (1) LA-HOP requests from Artesia.

BellflowerConducted active outreach despite COVID setbacks.Increased amount of homelessness prevention referrals due to income changes related to COVID-19.Specific outreach conducted related to most vulnerable neighbors with mental health concerns -DMH, LAHSA and KCB. Local churches have continued food banks and emergency resources, many collaborating with KCB to provide resources to our homeless neighbors.Challenge-Difficulty working with landlords due to COVID-19. Many landlords think it is illegal to give 3 day notices, which is a requirement for our city specific rental assistance program. This delays our ability to provide assistance.KCB and its collaborative church partners are working with another ministry to try and offer mobile showers and re-open Breakfast and Showers. Plans are set to begin again in December.Challenge-Chronically homeless KCB participant had to relinquish unit at Bell Oasis or else he would've been evicted.Eastside church donated move-in items and gatorade for neighborsWednesdays- Collaborative outreach with DMH for Bellflower Public Safety’s Priority List 8:00am-12:00pm (Manny and Javvy attend)MDT continues to follow up with referrals, appointments, and any outreach services needed throughout the week. KCB collaborated with New Hope Shelter to house participant in Shared housing12/8/2020- Referring Partners Case Conferencing for New Hope Shelter- KCB, City Net, and New Hope Staff 2:00-4:00 PM (Marley, Naomi,Manny, Jose, Javvy attended)Continue to respond to LA-HOP requests as needed and regularly scheduled12/8/2020 Caring Connections Zoom with BUSD 7:30am (Ashley attended)12/16/2020- LCA 3&4 Case Conferencing via Zoom 1:30-3:00 PM (Javvy hosted, Marley and Jose attended)MDT/DHS/DPH/LAHSA/DMH participated in collaborative outreach to conduct COVID testing at encampmentsWe responded to (1) LA-HOP requests from Bellflower.

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Narrative, continued

Cerritos: KCB Outreach staff conducted outreach as needed despite COVID setbacks.Weekly MDT canvasses and continues to follow up with referrals, appointments, and any outreach services needed throughout the week.MDT continues to respond to LA-HOP requests as needed and regularly scheduledWe responded to (0) LA-HOP requests from Cerritos.

Compton: KCB Outreach staff conducted outreach as needed despite COVID setbacks.Compton had (1) LA-HOP requests.

Lynwood: Conducted active outreach despite COVID setbacks.KCB outreached a family homeless in Lynwood; challenge-still trying to connect the family to Hopics after two monthsLynwood had (0) LA-HOP requests.

Paramount:Conducted active outreach despite COVID setbacks.Increased amount of homelessness prevention referrals due to income changes related to COVID-19. KCB worked alongside the City of Paramount to provide referrals for their CARES Act Rental and Mortgage Assistance Program. Challenge-Difficulty working with landlords due to COVID-19. Many landlords think it is illegal to give 3 day notices, which is a requirement for our city specific rental assistance program. This delays our ability to provide assistance. Possible partnership to disburse motel funding to neighbors in discussion with Paramount City Staff12/9/2020 Phone Call with the city of Paramount about possible motel assistance program 2:30pm (Ashley and Chrissy Attended)Paramount had (0) LA-HOP requests.

Norwalk:MDT canvasses once a week and continues to follow up with referrals, appointments, and any outreach services needed throughout the week. Continue to respond to LA-HOP requests as needed and regularly scheduled. MDT/DHS/DMH/LAHSA/DPH participated in collaborative outreach focused on COVID testingMDT participant was accepted into FSPConducted active outreach despite COVID setbacks.Challenge-Difficulty working with landlords due to COVID-19. Many landlords think it is illegal to give 3 day notices, which is a requirement for our city specific rental assistance program. This delays our ability to provide assistance.Increased resources overall:12/2/2020- Norwalk Homeless Task Force Monthly Meeting from 9:00 - 11:00 AM (Manny attended)12/16/2020- YCES Care Coordination Meeting via Zoom (Naomi attended)Norwalk 7 vouchers opened back up, interviews have begun.Mainstream voucher program pending, but approved to move forward.

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Narrative

LCA 3 - ContinuedDowney: MDT canvasses once a week and continues to follow up with referrals, appointments, and any outreach services needed throughout the week. Continue to respond to LA-HOP requests as needed and regularly scheduled. MDT/DHS/DMH/LAHSA/DPH participated in collaborative outreach focused on COVID testingMDT medical team provided services to pregnant participantMDT participant was linked to Bellflower Shelter We responded to (1) LA-HOP requests from Downey.

LCA 4: Narrative

Lakewood: MDT canvasses once a week and continues to follow up with referrals, appointments, and any outreach services needed throughout the week. Continue to respond to LA-HOP requests as needed and regularly scheduled. We responded to (2) LA-HOP requests from Lakewood.

Hawaiian Gardens:MDT once a week and continues to follow up with referrals, appointments, and any outreach services needed throughout the week. MDT provides outreach services every Tuesday at Way Out Ministries. Continue to respond to LA-HOP requests as needed and regularly scheduled. We responded to (0) LA-HOP requests from Hawaiian Gardens.

Signal HillMDT canvasses once a week and continues to follow up with referrals, appointments, and any outreach services needed throughout the week. MDT/DHS/DPH/LAHSA/DMH participated in collaborative outreach to conduct COVID testing at encampmentsContinue to respond to LA-HOP requests as needed and regularly scheduled. We responded to (3) LA-HOP requests from Signal Hill.

If you have any questions about this report or contract please contact: Haley Fuselier at [email protected] or 310.801.8922 Thank you for your partnership with PATH in ending homelessness in your community.

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VI. CONSENT CALENDARITEM J

Cap and Trade Report

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Board of Directors Meeting Agenda of January 6, 2021

TO: Board of Directors

FROM: Nancy Pfeffer, Executive Director

BY: Stephanie Cadena, Assistant Planner & Mahogany Smith-Christopher, CivicSpark Climate Fellow

SUBJECT: Cap-and-Trade Update

Southern California Regional Energy Network (SoCalREN) Program In collaboration with SoCalREN program staff, COG staff continues to work diligently to meet the requirements of the GCCOG Regional Partnership 2020 Work Plan. Most recently, the COG worked with the City of Bell to have them officially enrolled in the program. The COG is also currently working with staff from the cities of Artesia and South Gate through the enrollment process. Cities that are enrolled will be able to access the full program resources and technical assistance available through SoCalREN to conduct energy efficiency audits, benchmarking, project planning and implementation.

In January, COG staff will meet with SoCalREN to develop the 2021 workplan and set goals for the calendar year. An amendment will be brought before the COG Board in February to approve the workplan and also increase the Regional Partnership budget to $100,000 for the 2021 calendar year. Quarterly updates on the Regional Partnership will continue to be made to the COG’s Planning Directors and Public Works committees.

An information sheet on the SoCalREN program highlighting the Gateway Cities is attached. For more information, please visit the COG’s new SoCalREN webpage at: http://www.gatewaycog.org/initiatives-and-projects/air-quality/socalren.

Urban Tree Canopy Project In June 2020, the COG received notice of award for the proposed project, Urban Tree Canopy Community Prioritization, in the amount of $200,000 from the Bay Area Council’s California Resilience Challenge 2020 Grant Program. The project, in partnership with the nonprofit organization TreePeople and Loyola Marymount University (LLMU) Center for Urban Resilience (CURes), proposes to develop local-level tree canopy assessments and identify community priorities for strategic implementation of urban greening features that will mitigate and reduce extreme heat in four cities with disadvantaged communities: Lynwood, Paramount, Vernon, and Montebello. The project term will span from August 2020 to August 2022.

The project team started work in the City of Lynwood in August 2020, beginning with spatial data analysis on canopy cover and land use in the city. Most recently, the project team hosted two virtual Tree Summits, on December 10 and 11, to engage residents and stakeholders for a prioritization process to understand community priorities and concerns in regards to tree plantings. The events were well attended, with welcoming remarks provided by Mayor Marisela Santana. The project team also developed a survey to gather more feedback on priority locations

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Board of Directors Meeting Agenda of January 6, 2021

and benefits of tree plantings. The data from the survey will be used to develop the final report recommendations for the City. The project in Lynwood will wrap up in February 2021, and will then commence in the City of Paramount. An attachment showing the City of Lynwood’s existing and possible tree canopy coverage is included. Individuals that live and/or work in Lynwood may access the survey here: https://academics.lmu.edu/cures/research/greeninfrastructure/cityoflynwoodtreecanopyprioritization/

AB 617 Update In December 2020 the South Coast Air Quality Management District (AQMD) adopted the Community Emissions Reduction Plan (CERP) for the Southeast Los Angeles (SELA) Community. COG staff will continue to participate in the Community Steering Committee (CSC) for the SELA Community in 2021, which will meet on a quarterly basis. An infographic highlighting the major elements of the CERP is attached. The CERP can be viewed online at http://www.aqmd.gov/nav/about/initiatives/community-efforts/environmental-justice/ab617-134/southeast-los-angeles/cerp-archive. Recommended Action Receive and file this report. Attachments

• SoCalREN Public Agency Programs Info Sheet • Urban Tree Canopy Coverage Maps for City of Lynwood • Southeast Los Angeles Community Emission Reduction Plan Infographic

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Regional Successes: SoCalREN &Gateway Cities Council of Governments

SoCalREN Public Agency Programs | socalren.org

The SoCalREN Public Agency Programs are administered by the County of Los Angeles and funded by California utility ratepayers under the auspices of the California Public Utilities Commission.

* Success data and enrolled agencies as of November 2020.

The Southern California Regional Energy Network (SoCalREN) Public Agency Programs offer customized support to help public agencies save energy and money and lead their communities to greater sustainability. GCCOG is proud to partner with SoCalREN to bring their suite of services to the Gateway Cities!

Together, we’ll ensure SoCalREN’s programs are accessible for public agencies, especially those supporting underserved and hard-to-reach communities in the Gateway Cities. Check out some of SoCalREN’s successes* in our region below, or learn more on our website.

Learn Moresocalren.org | [email protected]

“SoCalREN’s responsiveness and professionalism helped Maywood update 600 sodium vapor lamps to LED and realize significant annual bill cost savings. The community is highly satisfied with how this project brightened the streets.”

Jennifer Vasquez City Manager

City of Maywood

82 completed

energy projects

$1M energy cost savings in the region

752k Gallons of

gas equivalent

savings

9.5M kWh

energy saved

Gateway Cities Enrolled in SoCalREN

Gateway Cities service territory SoCalREN-enrolled agencies

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VI. CONSENT CALENDAR ITEM K

Gateway Cities COG Housing Program Report

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Board of Directors Meeting Agenda of January 6, 2021

TO: Board of Directors FROM: Nancy Pfeffer, Executive Director BY: Melani Smith, Director of Regional Development SUBJECT: COG Housing Program Report Regional Early Action Planning (REAP) Grant The state’s Department of Housing & Community Development (HCD) is providing Regional Early Action Planning (REAP) funding to metropolitan planning organizations, including the Southern California Association of Governments, for projects that have a broader regional impact on housing. SCAG is providing an allocation of its REAP funding to councils of governments within its region, with 5.5% of funding allocated to the COG, or $1.3 million for a 3-year period, based on the COG’s RHNA allocation. The COG Board approved staff’s proposed work program in October, and a full application for funding was submitted to SCAG on November 19. The application was resubmitted, incorporating responses to questions/comments from SCAG, on 12/8. Our application was approved by SCAG and we are working to develop a formal MOU with SCAG to allow work to begin, in 2021. Planning Directors Committee Presentations, December

Staff from the State HCD attended the Committee meeting and provided an update about the forthcoming guidelines for the ProHousing Designation, which cities may apply for, in order to receive preference in State grant funding programs, such as Affordable Housing Sustainable Communities, Infill Infrastructure Funding, and Transformative Climate Communities. Formal guidelines for the program are expected to be released in early 2021.

HCD staff also reminded COG cities to respond to the survey they released on December 1st, with the assistance of COG staff, requesting input on the Technical Assistance program that HCD will be structuring for the Gateway Cities, to support preparation of their 6th Cycle Housing Element updates. The five minute survey can be reached at this link: https://survey.alchemer.com/s3/6031692/Gateway-Cities-HCD-Technical-Assistance-Survey-copy [survey.alchemer.com]

During this academic year, a team of USC Price School master’s students are completing a class project studying housing instability in the Gateway Cities subregion, the potential for increased instability due to COVID19, and preparing policy recommendations to address these issues. The team made a presentation about their approach to the project,

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Board of Directors Meeting Agenda of January 6, 2021

and asked for input about local jurisdictions housing policies and programs in a survey, which they subsequently released to the COG Planning Directors.

Planning Directors were also again reminded that applications for Permanent Local Housing Allocation (PLHA) funding from the state were due, for COG jurisdictions that access funding through LACDA, by December 14th, and for jurisdictions that can apply directly to the state, by December 31st. PLHA funding is an important annual source (nearly $15 million was allocated to Gateway Cities and accessible in 2020) that can fund a wide range of activities relating to housing, including predevelopment and development activities, project funding, housing preservation, funding for operations, shelter and supportive services for the homeless, and eviction prevention.

SCAG HELPR Tool

COG staff attended SCAG’s Toolbox Tuesday webinar on December 8th, during which SCAG’s Housing Element Parcel Tool was unveiled. The tool provides web mapping capabilities and a large parcel data set, which are available to assist Cities as they prepare the housing Sites Inventory component that will demonstrate their ability to accommodate their RHNA allocation for their 6th Cycle Housing Elements. The tool can be accessed at this link: HELPR | Southern California Association of Governments SCAG staff will be invited to a future COG Planning Directors Committee meeting to describe and demonstrate the tool.

6th Cycle RHNA Appeals

RHNA allocation appeals were lodged with SCAG by 52 local jurisdictions in the region, including eight Gateway Cities. COG staff continues to monitor the status of those appeals, which will be heard on January 8, 2021. Further, SCAG will soon notify member jurisdictions whether or not it will schedule a closed session to discuss taking legal action against the State in connection with the 6th Cycle RHNA allocation for the SCAG region. The closed session would likely be scheduled in February or March of 2021.

Gateway Cities Housing Development Financial Incentives

On December 14th, COG Economic Development Manager Gerald Caton reached out to COG Member Cities requesting that they consider contacting Senator Robert Archuleta’s office to express support for the reintroduction of his bill (Formerly SB 1179) in this legislative session. The bill addresses providing an increase in the share of property taxes that cities may receive in order to incentivize them to rezone non-residential properties into new housing developments. It is critical that the COG bill be reintroduced because other Senators have already introduced legislation, SB 6, which would allow housing on non-residential zoned properties by right without any financial compensation to cities. A

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Board of Directors Meeting Agenda of January 6, 2021

version of SB 6 passed the Senate unanimously last year, but did not pass the Assembly because of time constraints. Please contact Gerald Caton with questions or to discuss this matter further: [email protected]. Upcoming Events: Affordable Housing Workshop with LINC Housing - January 19, 2021, 11:00am Please join us for our upcoming Affordable Housing Workshop on January 19th which will feature LINC Housing Corporation and will focus on "Strengthening Communities with Supportive Housing.” This informational session is a part of our ongoing Affordable Housing Workshop Series which brings together elected officials, city staff, developers, and housing experts to explore practical opportunities for affordable housing development in the Gateway Cities region. Click the link above to register for the workshop. Recommended Action Receive and file this report.

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VI. CONSENT CALENDAR ITEM M

Matters from the League of California Cities

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Board of Directors Meeting Agenda of January 6, 2021

December 15, 2020 TO: Gateway Cities Council of Governments Board of Directors FROM: Kristine Guerrero, Regional Public Affairs Manager, League of California

Cities [email protected] SUBJECT: League of California Cities and Los Angeles County Division January 2021

Legislative and Advocacy Report Events/Education Los Angeles County Division General Membership Meeting (Virtual), January 7, 2021. Post Election Wrap Up Featuring Lincoln Project Co-Founder Mike Madrid. Program: 6:00 – 7:00 p.m. Register at www.lacities.org New Mayors and Council Members Academy, January 20 & 21 or 28 & 29, 2021. Information at www.cacities.org/events Announcements Say Hello to Cal Cities The New Moniker for the League of California Cities. Everybody knows we are the League of California Cities, but ask people what our abbreviated name is and you’ll get a variety of answers, including: LOCC, LCC, the League, and CA Cities. Now, we have launched a new moniker for our organization: Cal Cities. This transformation and standardization of our moniker is just part of the exciting rebranding initiative Cal Cities has developed over the past year as part of our “Powering Up for California Cities Strategic Grown Plan 2018-2021.” In 2021, get ready for the launch of a whole new Cal Cities brand identity and website. We are so excited to heighten our visibility and our voice through the Cal Cities metamorphosis. Cal Cities 2020 Legislative Briefing Book Now Available The League of California Cities comprehensive summary of the 2020 Legislative year is now online! This document serves as a resource to help city officials understand laws enacted during the 2020 session, and includes descriptions of bills of interest to cities that passed the Legislature and were signed into law by Gov. Gavin Newsom. The report is now available for download on the Cal Cities website HERE. Legislative Update With an estimated $26 billion windfall in 2021-22, the state budget situation has improved considerably relative to the June budget act. Keep in mind, the state faces an operating deficit beginning in 2021-22 and is expected to grow to $17 billion by 2024-25. The Legislative Analyst’s Office (LAO) has stated that it’s quite unlikely for revenues to grow fast enough for the budget to break even and erase the operating deficit. However, with the unexpected windfall of funds, new housing proposals that were largely shoved aside in 2020 are reemerging in the 2021 legislative session. We are still very early in the 2021 bill introduction phase and while Cal Cities staff will be seeking policy direction from its Housing, Community and Economic Development policy committee, I would like to inform you of these newly introduced/reintroduced housing bills:

• AB 15 (Chiu) COVID-19 relief: tenancy: Tenant Stabilization Act of 2021. Extends tenant protections by extending the definition of “COVID-19 rental debt” to December 31, 2021. The current protections expire in February 2021 requiring an urgency clause, therefore triggering a 2/3 vote requirement.

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Board of Directors Meeting Agenda of January 6, 2021

• AB 16 (Chiu) Tenancies: Tenant, Small Landlord, and Affordable Housing Provider Stabilization Act of 2021. The intent of the bill is to address the long-term financial impacts of the COVID-19 pandemic on renters, small landlords, and affordable housing providers.

• SB 3 (Caballero) Tenancy: COVID-19. Senate Tenant Protection bill similar to one from this year. The League will likely oppose unless amended.

• SB 6 (Caballero) Local planning: housing: commercial zones. This is a reintroduction of her strip mall rehab bill from this year. The bill would require the density for a housing development meet or exceed the density deemed appropriate to accommodate housing for lower income households including a density of at least 20 units per acre for a suburban jurisdiction.

• SB 15 (Portantino) Housing development: incentives: rezoning of idle retail sites. Strip mall rehab bill which would incentivize the rehabilitation of idle sites in the form of grants allocated to local governments that rezone idle sites to allow the development of workforce housing. The League will likely support.

• AB 68 (Salas) Affordable housing: California State Auditor’s Report. Codifying the California State Auditor’s Report 2020-108, issued on November 17, 2020, relating to affordable housing.

• ACA1 (Aguilar-Curry) Local government financing: affordable housing and public infrastructure: voter approval. Lowers voter threshold for affordable housing and infrastructure down to 55%. Would authorize a city, county, or special district to levy an ad valorem tax to service bonded indebtedness incurred to fund the construction, reconstruction, rehabilitation, or replacement of public infrastructure, affordable housing, or permanent supportive housing, or the acquisition or lease of real property if the proposition proposing that tax is approved by 55% of the voters.

• SB 5 (Atkins) Housing: bond act. Would authorize the issuance of bonds and would require the proceeds from the sale of those bonds to be used to finance housing-related programs that serve the homeless and extremely low income and very low income Californians.

• SB 8 (Skinner) Density Bonus Law. Changes the definition of “development standard” for purposes of the Density Bonus Law.

• SB 9 (Atkins) Housing development: approvals. Redo of SB 1120 as it relates to duplexes and lot splits. Would require a proposed housing development containing 2 residential units within a single-family residential zone to be considered ministerially, without discretionary review or hearing, if the proposed housing development meets certain requirements.

• SB 10 (Wiener) Planning and zoning: housing development: density. Redo of SB 902. Allows cities to build apartment buildings of 10 units without CEQA process. Page 53Page 53

Board of Directors Meeting Agenda of January 6, 2021

• SB 55 (Stern) Very high fire hazard severity zone: state responsibility

area: development prohibition. Prohibits building of residential and commercial in Very High Fire Hazard Severity Zones such as the WUI or state responsibility areas.

• SB 12 (McGuire) Local government: planning and zoning: wildfires. This bill would allow for prospective building fire prone areas but would require safety elements to be reviewed and updated as necessary to include a comprehensive retrofit strategy to reduce the risk of property loss and damage during wildfires.

• SB 60 (Glazer) Residential short-term rental ordinances: health or safety infractions: maximum fines. Would enhance and raise the maximum fines for violation of an ordinance relating to short-term rentals to $1,500 for a first violation, $3,000 for a 2nd violation of the same ordinance within one year, and $5,000 for each additional violation of the same ordinance within one year of the first violation.

• SCA 2 (Allen) Public housing projects. Repeals voter approval of affordable housing projects. Currently the California Constitution prohibits the development, construction, or acquisition of a low-rent housing project by any state public body until the project is approved by a majority of the electorate. This measure would repeal these provisions.

Again, this is just a preliminary list and there is so much more to come! Our first policy committee meetings will be taking place in mid-January and we expect there will be a lot of activity in every issue area.

For more information, please contact Kristine Guerrero, [email protected]

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VI. CONSENT CALENDARITEM S

Matters from the Port of Long Beach

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Board of Directors Meeting Agenda of January 6, 2021

TO: Gateway Cities Council of Governments Board of Directors

FROM: Port of Long Beach

SUBJECT: January 2021 Report

Background

Port Seeking Tree and Landscaping Project Proposals The Port of Long Beach is accepting proposals for tree plantings and other landscaping projects that will help mitigate port-related air quality and noise impacts.

Projects would be funded under the Facility Improvements portion of the Community Grants Program. Eligible applicants include facilities serving the elderly, children, pregnant women, the chronically ill, and those with respiratory/cardiopulmonary ailments, in the areas most impacted by port operations. To date, $27.5 million has been awarded under the Community Grants Program. Combined with a previous program started in 2009, the Port of Long Beach has set aside more than $65 million, making it the largest voluntary mitigation initiative by any seaport in the country.

To view project guidelines and workshop presentations, go to www.polb.com/grantopportunities. Proposals must be submitted online and are due by Monday, January 18, 2021 at 4 p.m.

Pier B Virtual Stakeholder Outreach Meeting The Pier B On-Dock Rail Support Facility Program (Pier B ODRSF) quarterly stakeholder update was held virtually on Wednesday, December 2.

The Pier B ODRSF is the centerpiece of the Port of Long Beach’s $1 billion rail program. It will shift more cargo to “on-dock rail,” where containers are moved to and from marine terminals by rail, significantly reducing trips by trucks throughout the region. No cargo trucks would visit the facility. Instead, smaller train segments would be brought to the facility and joined together into a full-sized train.

The first arrival, departure and storage tracks are expected to be completed in 2024, with additional tracks coming online in 2030, followed by project completion in 2031.

For the latest updates and to view recordings of the meetings visit www.polb.com/pierb.

Port Community Sponsorships The Board approved 89 community sponsorships totaling $396,450, highlighting the Port of Long Beach’s role in international trade and dedication to social responsibility.

Since 2007, the Port of Long Beach has distributed more than $9 million through its Community Sponsorship Program to support events and projects that make Long Beach a better place to live and work, while also providing the Port a platform to communicate about ongoing projects and programs with residents and other audiences.

The Harbor Commission approved an $800,000 community sponsorship budget for the 2021 fiscal year that began October 1. Requests for sponsorship funding are open twice a year, in March and September. Page 56Page 56

Board of Directors Meeting Agenda of January 6, 2021

Many organizations have had to reimagine their events as virtual programs due to social distancing protocols that have been implemented during the COVID-19 pandemic. Sponsorship recipients are required to promote the Port’s maritime and commercial interests through their events. Port staff members also participate in some of the sponsored events to help provide information about the Port.

Additional information about the Community Sponsorship Program and a list of approved sponsorships are available at www.polb.com/sponsorships.

New Long Beach Bridge Lights Up with Colorful Display The Port of Long Beach is collaborating with marine terminal operators to bolster the number of “two-way” truck deliveries amid the strongest cargo surge in the Port’s 109-year history.

The four companies that operate the Port’s six container terminals — International Transportation Service, Long Beach Container Terminal, SSA Marine and Total Terminals International — have committed to increasing the number of truck moves that pair an export container delivery with an import container pickup appointment during the same visit.

The Port and the container cargo terminal operators are working directly with truck drivers and customers to improve the appointment system and maximize the number of these dual transactions, aimed at balancing inbound and outbound cargo flow, and thus improve efficiency within the supply chain.

With a goal of ensuring that at least 50% of the Port’s deliveries are dual transactions, all Long Beach terminal operators are implementing system enhancements and encouraging trucking companies and drivers to drop off an empty cargo container while picking up an imported container.

Long Beach marine terminal operators have already made significant strides to achieve dual transactions, with some terminals already achieving more than 70%. Increasing the share of dual trips will maximize opportunities for drivers and make the entire supply chain more efficient.

Long considered a necessary step to achieve operational efficiencies, this effort by marine terminal operators puts the Port of Long Beach ahead of other gateways. While some exceptions will apply, prioritizing dual transactions will ultimately increase truck operation efficiencies while also helping the Port handle record cargo volumes triggered by the COVID-19 pandemic. On December 14, the Port of Long Beach’s beautiful and economically important new cable-stayed bridge lit up in bright colors, providing a visual reminder of this vital transportation link’s importance to international trade and regional commerce.

Just over two months after the new bridge opened to traffic, the energy-saving LED lights were turned on for the first time to illuminate the two 515-foot-tall towers and 80 cables holding the main span portion of the nearly 2-mile-long bridge. The lights will be pre-programmed to mark holidays, such as Independence Day and Christmas, and special occasions, such as the Olympics and Pride Month.

Due to California’s stay-at-home order from the surge in COVID-19 cases, bridge lights were turned on automatically without an in-person ceremony. A video of the virtual bridge lighting can be seen here.

Because people are being asked to limit their travel while the order is in place, officials are encouraging residents to enjoy the bridge lights remotely through the three web cams available at www.newgdbridge.com.

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Board of Directors Meeting Agenda of January 6, 2021

The new bridge, which opened to traffic on October 5 with more lanes and a higher clearance for ships, replaces the shorter, narrower and functionally obsolete bridge. The new bridge serves the largest port complex in the United States: More than 15 percent of the nation’s imported container cargo travels over this bridge route, 2.6 million jobs throughout the U.S. are related to the Port of Long Beach and the Port annually handles cargo valued at more than $170 billion.

The new bridge also offers greater resiliency in an earthquake and a 100-year minimum lifespan. The new bridge, which will eventually be named through legislative action, is one of the tallest cable-stayed bridges in the United States and the first of its kind in California.

The bridge is a joint effort of Caltrans and the Port of Long Beach, with additional funding support from the U.S. Department of Transportation and the Los Angeles County Metropolitan Transportation Authority (Metro).

Video and photos of the bridge construction progress can be found at the bridge website, www.newgdbridge.com.

Cargo Volumes – November 2020 The Port of Long Beach had its best November on record, lifted by the holiday retail rush and a surge in personal protective equipment deliveries amid the latest nationwide wave of COVID-19 cases.

Dockworkers and terminal operators moved 783,523 twenty-foot equivalent units of container cargo last month, a 30.6% jump compared to November 2019. Imports were up 30.5% to 382,677 TEUs and exports were down 5.2% to 117,283 TEUs. Empty containers shipped overseas rose 55% to 283,563 TEUs. The Port had 87 container ship calls in November, 17 of which were unscheduled vessels that made up for voyages canceled earlier this year.

The boost comes at the end of the peak shipping season as retailers prepare for the upcoming holidays and an increase in online spending resulting from consumers opting to stay at home during the recent uptick in COVID-19 cases.

The Port has moved 7,297,430 TEUs during the first 11 months of the year, 4.7% up from the same period in 2019.

Recommended Action

Receive and file.

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VI. CONSENT CALENDARITEM U

County Response to December 7, 2020 Letter to the Los Angeles County Board

of Supervisors

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HOA.103088158.1

C O U N T Y O F L O S A N G E L E SO F F I C E O F T H E C O U N T Y C O U N S E L

TELEPHONE

(213) 974-1811

FACSIMILE

(213) 687-7300

TDD

(213) 633-0901

E-MAIL

6 4 8 K E N N E T H H A H N H A L L O F A D M I N I S T R A T I O N

5 0 0 W E S T T E M P L E S T R E E T

L O S A N G E L E S , C A L I F O R N I A 9 0 0 1 2 - 2 7 1 3

RODRIGO A. CASTRO-SILVA Acting County Counsel

Maria Davila President Gateway Cities Council of Governments 16401 Paramount Boulevard Paramount, California 90723

Re: Response to December 7, 2020, Letter to the Los Angeles County Board of Supervisors

Dear Ms. Davila:

Your letter dated December 7, 2020, from the Gateway Cities Council of Governments ("Gateway Cities COG") asks the Los Angeles County Board of Supervisors ("Board") to rescind the November 25, 2020 Health Officer Order, prohibiting outdoor dining at restaurants and outdoor operations of cardrooms for a three week period ("November 25 Health Officer Order").

In response to the recent statewide Covid-19 surge, on December 3, 2020, Governor Newsom announced a new "Regional Stay at Home Order." The order went into effect on December 6, 2020, and is in effect when Intensive Care Unit ("ICU") bed availability falls below 15% in a designated region. In the Southern California Region, the ICU availability as of December 6, 2020 was at 10.9 percent. Therefore, for Southern California, and the County specifically, the State's Regional Stay at Home Order is in effect for at least the next three weeks. A copy of the State's Regional Stay at Home Order is available at https://www.gov.ca.gov/wp-content/uploads/2020/12/12.3.20-Stay-at-Home-Order-ICU-Scenario.pdf.

Your letter, dated December 7, is in response to the November 25 Los Angeles County Health Officer Order, but that order was suspended on December 6 to conform with the new statewide order as required by law. Among other provisions, this order prohibits outdoor in-person dining at restaurants and outdoor operations for cardrooms for at least a three week period, as set forth under the State's Regional Stay at Home Order. A copy of the County Health Officer's December 6th Health Officer Order available at http://publichealth.lacounty.gov/media/Coronavirus/docs/HOO/HOO_SaferatHome_SurgeResponse.pdf.

December 14, 2020

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Maria Davila Page 2

HOA.103088158.1

We appreciate the concern raised by the Gateway Cities COG and the impact of the closure on outdoor operations on local businesses as mandated by the State's Regional Stay at Home Order. However, the County is facing an unprecedented public health crisis due to the alarming rise of COVID-19 cases. During the month of November, the number of patients hospitalized in both ICU and non-ICU beds has nearly tripled from 960 to 2,690. The action by Governor Newsom, which is binding on the County, is intended to avoid overwhelming the hospital system and availability of ICU beds needed for the sickest of patients. And the economic toll will be compounded if this surge is not brought under control.

The Board is aware of the economic impact of the closure of outdoor dining on businesses as raised in your letter. The Los Angeles County Development Authority is in the process of awarding $5.6 million in grants to small businesses. Also, the Board approved a motion directing County staff to determine whether $10 million in Federal Coronavirus Relief Act funds can be used to support local restaurants, and approved a five-signature letter from the Board in support of the bipartisan Federal Pandemic Relief Proposal and any other federal proposals that will help provide critical relief to the County and its residents.

The Gateway COG has a responsibility to ensure the health of the public. It is our hope it will do that by signaling its support for these necessary and short-term restrictions. Should you have any questions or wish to discuss this matter further, please contact me at your earliest convenience.

Very truly yours,

RODRIGO A. CASTRO-SILVA Acting County Counsel

By William Birnie Senior Deputy County Counsel

APPROVED AND REALEASED:

LESTER J. TOLNAI Special Counsel/Chief Deputy

WB:rg

December 14, 2020

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VI. CONSENT CALENDARITEM V

Memorandum of Understanding No. M-00x-21 Between the Southern California

Association of Governments and Gateway Cities Council of Governments

for Regional Early Action Planning (REAP) Funds

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Board of Directors Meeting Agenda of January 6, 2021

TO: Board of Directors

FROM: Nancy Pfeffer, Executive Director

BY: Melani Smith, Director of Regional Development

SUBJECT: Approval of SCAG MOU for Regional Early Action Planning (REAP) Funding

Background

The State Department of Housing & Community Development (HCD) is providing Regional Early Action Planning (REAP) funding to Metropolitan Planning Organizations, including the Southern California Association of Governments. Overall, SCAG is eligible to administer $47 million in REAP funding for activities to support local governments and stakeholders in housing planning. Of that, SCAG has an approximately $23 million allocation to “help regional entities and governments facilitate and accelerate local housing production, have a net-positive effect on housing supply by increasing housing planning, and assist local governments in meeting their regional housing needs allocation (RHNA).” Using these funds, SCAG has designed the Subregional Partnership program to augment and complement funds that are awarded to jurisdictions by the California Department of Housing and Community Development (HCD) pursuant to SB (Senate Bill) 2 Planning Grants and the Local Early Action Program (LEAP). 5.5% of funding in SCAG’s Subregional Partnership program has been allocated to the Gateway Cities COG, or $1.316 million, for activities to be completed by June, 2023. This share is based on our subregion’s share of the regional housing need. The COG staff developed a work program for this funding, which was approved by the Board on October 7, 2020. The REAP funds will be made available on a reimbursement basis, requiring annual and quarterly reports, and completed contractual deliverables. The planning activities are to accommodate the development of housing and infrastructure that will accelerate housing production in a way that aligns with state planning priorities, housing, transportation, equity, and climate goals and regional priorities. Issue

The COG submitted a required Intent to Apply for funding to SCAG on September 29, 2020, and a complete application on November 19th. After revisions, our application was approved on December 15th. The approved application for funding, detailing our proposed work program, budgets and scopes of work, is attached. Draft MOU language was provided to the COG by SCAG on December 16th, and suggestions for revisions provided by COG staff on December 21st. The template MOU is attached, together with SCAG’s Scope of Work Approval Form, and Report Templates.

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Board of Directors Meeting Agenda of January 6, 2021

The MOU is being finalized and reviewed by legal counsel and a final version will be provided as soon as it is available. Recommended Action Approve MOU with SCAG for the REAP Grant Subregional Partnership Program in a final form to be approved by the General Counsel. Authorize receipt of SCAG Grant Funds and direct the Executive Director or designee to act in connection with the Project specified and to provide such additional information as may be required by SCAG.

Attachments 1. GCCOG Approved Application for REAP Funding2. SCAG MOU Template

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Regional Early Action Planning (REAP) Grant

Subregional Partnership Program Application for Project and Activity Funding

1

Attachment 1: REAP Subregional Partnership Program Application Regional Early Action Planning (REAP) Grant Subregional Partnership Program Application for Project and Activity Funding

Program Objectives

The Regional Early Action Program (REAP) Subregional Partnership Program is intended to help accelerate housing production throughout the SCAG region and have a net-positive effect on housing supply by increasing housing planning, meeting the sixth cycle regional housing needs assessment (RHNA). The Subregional Partnership program has been designed to augment and complement funds that are awarded to jurisdictions by the California Department of Housing and Community Development (HCD) pursuant to SB (Senate Bill) 2 Planning Grants and the Local Early Action Program (LEAP).

Approximately $23 million is available to fund subregional partnership projects. The REAP funds are available on a reimbursement basis, requiring completed contractual deliverables.

The planning activities are to accommodate the development of housing and infrastructure that will accelerate housing production in a way that aligns with state planning priorities, housing, transportation, equity, and climate goals and regional priorities.

Please refer to the Subregional Partnership Program guidelines for more information about this program, along with requirements for project funding, applicants, and other important information.

Questions about REAP and the Subregional Partnership Program can be submitted to Ma’Ayn Johnson, Housing Program Manager, at [email protected].

Application

All subregional partners requesting project or activity funding must submit a program application. Applications may be filed starting September 17, 2020. All applications are due to SCAG no later than December 1, 2020. Subregional partners may submit more than one application for different projects and activities during this time period.

Applications should be submitted to: Ma’Ayn Johnson, Housing Program Manager, at [email protected].

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Regional Early Action Planning (REAP) Grant

Subregional Partnership Program Application for Project and Activity Funding

2

Regional Early Action Planning (REAP) Grant Subregional Partnership Program Application for Project and Activity Funding

Date 11/19/2020 Applicant (subregional partner) Gateway Cities Council of Governments Authorized representative name Nancy Pfeffer Authorized representative title Executive Director Authorized representative address 16401 Paramount Blvd., Paramount, CA 90723 Contact person name Melani Smith Contact person title Director of Regional Development Contact person email [email protected]

Projects and Activities

Please list the projects and activities the applicant is requesting funding for and how much funding will be required for Phase 1 and Phase 2 REAP funding:

Project/Activity Name Phase 1 funding

Phase 2 funding

1 6th Cycle Housing Elements Development and Implementation $100,000 $356,000 2 Subregional ADU Encouragement Strategies/ Standard Plans $27,000 $75,000 3 Formation of Gateway Housing Trust Fund $0 $329,000 4 Subregional Inclusionary Housing Strategy/Ordinance Template $69,000 $183,000 5 Innovative Housing Finance Strategies $0 $177,000

Total funding amount requested in this application $1,316,000

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Regional Early Action Planning (REAP) Grant

Subregional Partnership Program Application for Project and Activity Funding

3

Individual Project/Activity Information

Using the list of projects/activities in the above section, please provide more information about each one listed. Use additional pages if needed. Use the numbering from the list of projects and activities from the first page in the application.

1 6th Cycle Housing Elements Development and Implementation (from first page of application)

Estimated cost $456,000 Expected start date 12/15/2020 Expected end date 6/1/2022 Does this project require the procurement of at least one consultant?

☐no ☒yes _Click or tap here to enter text._ total number of consultant firms expected for projects

Agency expected to procure consultant

☒subregional partner ☐SCAG ☐Other, please specify: Click or tap here to enter text.

Agency expected to administer or implement project or activity*

☒subregional partner ☐SCAG ☐Other, please specify: Click or tap here to enter text.

Which agency will be directly paying consultant invoices?

☒subregional partner (SCAG will reimburse the subregional partner) ☐SCAG

Does this project require adoption or approval by a local decisionmaking body for implementation?

☐no ☒yes If yes, please specify the expected adoption/approval date: _10/7/2020____________

*The implementing agency cannot have any unresolved audit findings from prior government contracts and cannot be party to pending land use, housing, or environmental litigation which could impact the proposed activities.

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Regional Early Action Planning (REAP) Grant

Subregional Partnership Program Application for Project and Activity Funding

4

1 6th Cycle Housing Elements Development and Implementation (from first page of application)

For each project and activity listed, please provide more details about the project or activity, including:

• Brief Description of project • Key deliverables and tasks, proposed performance indicators • Nexus to housing production and why the task necessary for the adoption or implementation of

the listed eligible activities for any tasks that are considered indirect to housing production (e.g., EIRs or General Plan amendments)

• Expected outcome of project or activity (i.e., plans for adoption or implementation) • Related Tasks that will be funded from other funding sources besides REAP (e.g., LEAP, SB 2) and

the amount • You may add additional space, as needed.

Brief Description of Project: This project in the COG’s work program will be focused on supporting Gateway Cities COG local jurisdictions in testing land use change scenarios and engaging stakeholders in order to facilitate developing and implementing programs in their 6th Cycle Housing Elements. This task is intended to augment scopes of work that many Gateway Cities jurisdictions have already developed with their housing element consultants. Key Deliverables and Tasks/Expected Outcome: A consultant will be procured to develop a subregional parametric (GIS based) model that can be strategically employed to study a variety of land use scenarios that jurisdictions will consider in order to meet their RHNA allocations and land use goals. The model will be built and then deployed in a series of workshops in the region, with key staff and elected officials. Scenarios will be focused around future light rail station areas being planned along the West Santa Ana Branch, and the Goldline Eastside. A model such as this could also visualize changes and outcomes from other scenarios, such as targeted zone change opportunities in other strategic locations, or ADU development potential, or conversion of commercial land on arterial corridors to housing, or land use changes on Metro Bus Rapid Transit corridors like Atlantic Blvd. An expected outcome of this task will be land use and zoning changes within local jurisdictions that facilitate increased housing production. In the context of assisting local jurisdictions with their Housing Elements, at the COG level we also hope to facilitate the cities’ consideration of a wider variety of views than are typically heard. Therefore, we propose to develop a new database of stakeholder organizations and provide the cities with tools for opening effective dialogue with them. The expected outcome would be more broadly supported Housing Elements that reflect local priorities, while also responding to state pressure to create new housing. To this end, an Inclusive Engagement Toolkit for the region will be funded by this project, that will include development of a database of subregional CBOs and other engagement partners that are positioned to participate in community engagement activities. Engagement partners to be considered will include advocacy groups, health clinics and health promotion organizations, and faith

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Regional Early Action Planning (REAP) Grant

Subregional Partnership Program Application for Project and Activity Funding

5

based institutions – a broad range of community-based groups that have substantial “reach” in terms of the local population they serve and engage. The work of this task will include a compendium of best practices that can be employed in jurisdictions to engage the broadest possible range of stakeholders in subregional housing, and other policy conversations, and endeavor to include and lift up the voices of those traditionally not included in these policy deliberations. The toolkit has in part been inspired by the public engagement toolkit materials developed as part of SCAG’s Regional Climate Adaptation Framework, and will complement SCAG’s Public Engagement Guide for the ConnectSoCal Plan. COG staff will also be funded to manage and direct this work program, as well as to engage member jurisdictions in the projects and to develop and execute a communications and deployment strategy for the Inclusive Engagement Toolkit. Proposed Performance Indicators for this task: changes in residential development capacity within the subregion’s member jurisdictions from the ConnectSoCal baseline through completion of the implementation period, , the number of modelling workshops held and workshop attendance, the number of additional housing units modelled over existing conditions, and the number of jurisdictions engaged in the effort, the number of CBOs and other organizations that are reached and vetted in the region, as well as a completed toolkit, distributed and employed throughout the subregion. , The COG will also continue to track the status of housing element compliance in the subregion, and the annual progress reports filed. Staff will also track the housing unit production reported in local jurisdictions’ annual progress reports, to determine trends and increases in housing production, though we recognize that the work of our REAP work program will primarily be focused on efficiency gains and process improvements in housing policy and program administration in the region. Nexus to Housing Production: Modeling land use scenarios is related specifically to focusing appropriate growth and development, and increasing housing production near destinations, jobs and mobility options. Developing an Inclusive Engagement Toolkit is related to identifying community based organizations to partner with member jurisdictions in their community engagement activities, in order to promote housing production and best practices in the region, and include and lift up the voices of those traditionally not included in these housing policy deliberations. Related Tasks that will be funded from other funding sources besides REAP: The COG’s Economic Development Consultant and Working Group will be a partner in the subregional modelling process. The COG’s already formed, staffed and operational West Santa Ana Branch Light Rail Project City Managers Technical Advisory Committee will serve as an ideal group with which to pilot land use scenario modelling in some of the future light rail station areas in the subregion. The Inclusive Engagement Toolkit will build in part on work already funded and completed as part of the COG’s Climate Action Plan Framework, which includes a public engagement toolkit. COG staff will also work with the SELA Collaborative, an active CBO in the northern portion of the Gateway Cities subregion, to access data they have gathered about CBOs in their territory.

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Regional Early Action Planning (REAP) Grant

Subregional Partnership Program Application for Project and Activity Funding

6

In addition to COG staff REAP funding requested for this task, staff will also be funded by existing funding in place from SB2 and LEAP, and from PLHA in future years. Funding for our housing CivicSpark fellow, from HCD for this current service year, will also be drawn upon as our Fellow supports the work of this task. Tracking procedures will be instituted to ensure that only staff time for project activities identified to be completed under this grant is charged against this grant, and overlapping invoicing is avoided.

1 6th Cycle Housing Elements Development and Implementation (from first page of application)

Alignment with SCAG Connect SoCal regional priorities (refer to Program Guidelines and attachment)

Please describe below how the project or activity aligns and advances Connect SoCal and Housing Program regional priorities and framework. You may add additional space, as needed.

This task will further the following goals of the Connect SoCal project:

• Computational modelling and development of inclusive engagement tools will be used in order to test methods for focusing growth near destinations and mobility options, and promote diverse housing choices. The completion of this task will facilitate strategically located housing that encourages modal shift, VMT reduction, and reduction in energy use.

• Will develop tools to facilitate public education around affordable housing benefits, tools, and best practices.

• Will advance Connect SoCal sustainable development goals including supporting local jurisdictions in promoting housing in priority growth areas to increase access to jobs and transit and reduce environmental impacts.

• Activities of this task will maximize funding allocations by providing technical assistance and capacity building necessary to support local agencies in applying for and expending program resources.

This task may also support efforts to achieve ProHousing designation for cities in the subregion.

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1 6th Cycle Housing Elements Development and Implementation (from first page of application) Project/Activity Tasks

Task and sub-tasks Staff/Consultant/Both Estimated cost Phase 1 or 2 Begin date End date Deliverable

Procure consultants for modeling and inclusive engagement toolkit

Staff $4,000 Phase 1 12/15/2020

1/15/2021

• Procurement documents

• Consultant contracts Build and deploy subregional computational model in a pilot scenario modelling workshop

Consultant $58,290 Phase 1 1/15/2021

3/31/2021

• Subregional computational model

• Identification of critical land use issue and scenarios for study,

• A pilot modelling workshop

• Outcomes/impacts report

Deploy subregional computational model throughout the subregion

Consultant $249,610 Phase 2 4/1/2021

3/31/2022

• Subregional workshop series modelling additional local jurisdiction identified land use scenarios that will underpin housing element approaches

• Outcomes/impacts report

Develop subregional CBO/Engagement Partners database, as well as opportunities and constraints to Inclusive Engagement

Consultant $35,430 Phase 1 1/15/2021

3/31/2021

• Subregional CBO/Engagement Partners Database

• Opportunities/ Constraints Analysis Report

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Complete and deploy Inclusive Engagement Toolkit.

Consultant $58,870 Phase 2 4/1/2021

9/1/2021 • Inclusive Engagement Toolkit

Continue work with consultant to complete and deploy Inclusive Engagement Toolkit.

Staff $27,000 Phase 2 4/1/2021

9/1/2021 • City Outreach Materials and Convening

• City Communications Deployment Strategy and Implementation

Grant Administration Staff $2,280 Phase 1 12/15/20

3/31/21 • Reporting • Invoicing

Grant Administration Staff $20,520 Phase 2 4/1/21 5/1/22 • Reporting • Invoicing

Total projected cost $456,000

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Regional Early Action Planning (REAP) Grant Subregional Partnership Program

Application for Project and Activity Funding

9

Individual Project/Activity Information

Using the list of projects/activities in the above section, please provide more information about each one listed. Use additional pages if needed. Use the numbering from the list of projects and activities from the first page in the application.

2 Subregional ADU Encouragement Strategies/Standard Plans (from first page of application)

Estimated cost $102,000 Expected start date 12/15/2020 Expected end date 12/31/2021 Does this project require the procurement of at least one consultant?

☐no☒yes_Click or tap here to enter text._ total number of consultant firmsexpected for projects

Agency expected to procure consultant

☒subregional partner☐SCAG☐Other, please specify: Click or tap here to enter text.

Agency expected to administer or implement project or activity*

☒subregional partner☐SCAG☐Other, please specify: Click or tap here to enter text.

Which agency will be directly paying consultant invoices?

☒subregional partner (SCAG will reimburse the subregional partner)☐SCAG

Does this project require adoption or approval by a local decisionmaking body for implementation?

☐no☒yesIf yes, please specify the expected adoption/approval date:_10/7/2020____________

*The implementing agency cannot have any unresolved audit findings from prior government contracts and cannotbe party to pending land use, housing, or environmental litigation which could impact the proposed activities.

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Regional Early Action Planning (REAP) Grant

Subregional Partnership Program Application for Project and Activity Funding

10

2 Subregional ADU Encouragement Strategies/Standard Plans (from first page of application)

For each project and activity listed, please provide more details about the project or activity, including:

• Brief Description of project • Key deliverables and tasks, proposed performance indicators • Nexus to housing production and why the task necessary for the adoption or implementation of

the listed eligible activities for any tasks that are considered indirect to housing production (e.g., EIRs or General Plan amendments)

• Expected outcome of project or activity (i.e., plans for adoption or implementation) • Related Tasks that will be funded from other funding sources besides REAP (e.g., LEAP, SB 2) and

the amount • You may add additional space, as needed.

Brief Description of Project: This project is intended to support increased production and preservation of Accessory Dwelling Units in the Gateway Cities. Local planning staff have indicated that they would benefit from this work product by being able to reduce their review and speed their permitting of ADUs by offering the public standard plans for accessory dwelling units. Key Deliverables and Tasks/Expected Outcome: The tasks for this project will include procuring a consultant to survey member jurisdictions about ADU policy and implementation status in the region, as well as consult with local jurisdictions and HCD staff on ADU policy and process needs, develop a list of priorities by jurisdiction, and in consultation with local planning staff, create needed tools, including ADU standard plans that can speed permitting and construction, additional policy and/or tools to encourage ADU development, as well as preservation/permitting of existing ADUs. Both the preservation and improvement of existing, unpermitted ADUs in the region, together with the production of new ADUs may be important to consider. Proposed Performance Indicators for this task: The number of jurisdictions engaged in the ADU survey, ADU policies adopted in conformance with state ADU law and the number of policies reviewed by HCD, the number of jurisdictions adopting the standard plans that are developed, and the number of ADUs permitted and/or upgraded and brought into code compliance. Nexus to Housing Production: By facilitating streamlined permitting, this program will support production of ADUs in the region, thus increasing the housing stock, as well as considering ways in which existing unpermitted ADUs can be brought into code compliance, and their affordability maintained. Related Tasks that will be funded from other funding sources besides REAP: The work of this task will build on the initial survey work about ADUs and ADU policy, completed in the COG’s Regional Housing Assessment of 2019 and follow up survey work completed by COG staff in August of this year, and any data we can access from LA County’s current ADU survey of ADU owners and renters. A key consideration for this task will also be to work with member jurisdictions to ensure that we

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augment and support the work being funded in local jurisdictions from SB2 and LEAP sources, not to duplicate or overlap this work. In addition to REAP funding requested for this task for staffing, staff will also be funded by existing funding in place from SB2 and LEAP, and from PLHA in future years. Funding for our housing CivicSpark fellow, from HCD for this current service year, will also be drawn upon as our Fellow supports the work of this task.

2 Subregional ADU Encouragement Strategies/Standard Plans(from first page of application)

Alignment with SCAG Connect SoCal regional priorities (refer to Program Guidelines and attachment)

Please describe below how the project or activity aligns and advances Connect SoCal and Housing Program regional priorities and framework. You may add additional space, as needed.

This program will advance the following SCAG Connect SoCal Plan goals:

• Creating incentives and reducing regulatory barriers for building context sensitive accessory dwelling units to increase housing supply.

• Should it emerge that existing ADU amnesty/permitting is a priority from the survey task in this work program, work products may also respond to the goal to preserve and rehabilitate affordable housing and prevent displacement.

This project may also support efforts to achieve ProHousing designation for cities in the subregion.

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2 Subregional ADU Encouragement Strategies/Standard Plans (from first page of application) Project/Activity Tasks

Task and sub-tasks Staff/Consultant/Both Estimated cost Phase 1 or 2 Begin date End date Deliverable

Procure consultant for ADU status survey and tools

Staff $2,000 Phase 1 12/15/2020

1/15/2021

• Procurement documents

• Consultant contract

Survey local jurisdictions and determine subregional ADU policy status, issue areas, and barriers to encouraging ADU development and ADU preservation, including specific needs relating to the development of standard plans

Consultant $24,490 Phase 1 1/15/2021

4/1/2021 • Subregional ADU policy report including survey, summary of issues and barriers

• Recommendations relating to standard plans

Develop ADU standard plans and other tools that are responsive to the identified needs of the subregional jurisdictions and that encourage ADU production/preservation

Consultant $70,410 Phase 2 4/2/2021

12/31/2021

• ADU standard plans • Other products as

feasible and needed

Grant Administration

Staff $510 Phase 1 12/15/2020

4/1/2021 • Reporting • Invoicing

Grant Administration

Staff $4,590 Phase 2 4/2/2021

12/31/2021

• Reporting • Invoicing

Total projected cost $102,000

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Individual Project/Activity Information

Using the list of projects/activities in the above section, please provide more information about each one listed. Use additional pages if needed. Use the numbering from the list of projects and activities from the first page in the application.

3 Formation of Gateway Housing Trust Fund

Estimated cost $329,000 Expected start date 4/1/2021 Expected end date 6/30/2023 Does this project require the procurement of at least one consultant?

☐no☒yes_Click or tap here to enter text._ total number of consultant firmsexpected for projects

Agency expected to procure consultant

☒subregional partner☐SCAG☐Other, please specify: Click or tap here to enter text.

Agency expected to administer or implement project or activity*

☒subregional partner☐SCAG☐Other, please specify: Click or tap here to enter text.

Which agency will be directly paying consultant invoices?

☒subregional partner (SCAG will reimburse the subregional partner)☐SCAG

Does this project require adoption or approval by a local decisionmaking body for implementation?

☐no☒yesIf yes, please specify the expected adoption/approval date:_10/7/2020____________

*The implementing agency cannot have any unresolved audit findings from prior government contracts and cannotbe party to pending land use, housing, or environmental litigation which could impact the proposed activities.

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3 Formation of Gateway Housing Trust Fund (from first page of application)

For each project and activity listed, please provide more details about the project or activity, including:

• Brief Description of project• Key deliverables and tasks, proposed performance indicators• Nexus to housing production and why the task necessary for the adoption or implementation of

the listed eligible activities for any tasks that are considered indirect to housing production(e.g., EIRs or General Plan amendments)

• Expected outcome of project or activity (i.e., plans for adoption or implementation)• Related Tasks that will be funded from other funding sources besides REAP (e.g., LEAP, SB 2) and

the amount• You may add additional space, as needed.

Brief Description of Project: A number of Gateway Cities have indicated an interest in forming a Gateway Housing Trust Fund. In order to initiate this work program task, the COG staff will reconfirm the list of local jurisdictions interested in participating in a Regional Housing Trust Fund, and form a working group of staff members. The group will ultimately consider sources of funding (for instance PLHA allocations), parameters for funding use, goals of a trust fund including levels of housing affordability/types of housing to target, and approve a long-term operational model and financing plan for a sustainable trust fund.

Key Deliverables and Tasks/Expected Outcome: Staff will procure a consultant to assist in developing a feasibility study for a Trust Fund, and identify a long-term strategy for aligning housing funding with housing need in the Gateway Cities, including a funding strategy for a Trust Fund, as well as policy guidelines for its operation. The consultant and staff will engage local, county, regional and state agencies in the discussion about the necessary legislative and legal foundation for a Fund, and other strategies. The consultant and Working Group will also make connections with Community Development Financial Institutions and other potential funding partners who may leverage the Fund resources with funding of their own. A final Feasibility Plan and Legislative Strategy will be presented to local participants and the COG Board as part of this task.

As a Fund is formed, staff will engage legal counsel to develop the necessary legal documentation to underpin it. COG staff funding in this task will also support convening local member jurisdictions, workshop materials, outreach and communications materials to support Fund development.

Proposed Performance indicators for this task: The number of local jurisdictions participating in the local Working Group, and ultimate Trust Fund, as well as the amount of funding raised, and leveraged for affordable housing production support.

Nexus to Housing Production: A Gateway Housing Trust Fund can increase the local production of affordable housing in the subregion, by augmenting other sources of funding for projects, and potentially leveraging local available funding with state funding from the Local Housing Trust Fund program, and possibly CDFI, or other philanthropic dollars.

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Related Tasks that will be funded from other funding sources besides REAP: In addition to COG staff REAP funding requested for this task, staff will also be funded by existing funding in place from SB2 and LEAP, and from PLHA in future years. Funding for our housing CivicSpark fellow, from HCD for this current service year, will also be drawn upon as our Fellow supports the work of this task. The Feasibility Study portion of this task will also draw on data and analysis relating to subregional housing need, in the Homelessness Plan currently being developed for the Subregion by COG staff.

3 Formation of Gateway Housing Trust Fund (from first page of application)

Alignment with SCAG Connect SoCal regional priorities (refer to Program Guidelines and attachment)

Please describe below how the project or activity aligns and advances Connect SoCal and Housing Program regional priorities and framework. You may add additional space, as needed.

This task furthers the following Connect SoCal regional priorities: • By forming a Gateway Housing Trust Fund, local jurisdictions will identify funding

opportunities for new workforce and affordable housing development. • A Gateway Housing Trust Fund could also provide funding opportunities to support local

sustainable development implementation projects that reduce greenhouse gas emissions. • Undertaking the process of studying the feasibility of, and forming a Housing Trust Fund will

also enhance partnerships with other planning organizations as we explore partnerships in funding affordable housing with other government, finance, non-profit and philanthropic organizations.

This work program may also support efforts to achieve ProHousing designation for cities in the subregion.

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3 Formation of Gateway Housing Trust Fund (from first page of application) Project/Activity Tasks

Task and sub-tasks Staff/Consultant/Both Estimated cost Phase 1 or 2 Begin date End date Deliverable

Procure consultant for trust fund study/formation activities

Staff $2,000 Phase 2 4/1/2021

6/1/2021 • Procurement documents

• Consultant contract

Working Group Formation/Feasibility Study

Consultant $141,775 Phase 2 6/7/2021

6/1/2022 • City Engagement/ Formation of Working Group

• Housing Trust Fund Feasibility Study and Housing Funding/Housing Need Alignment & Recommendations

Housing Trust Formation Activities, including legislative support and legal counsel activities

Consultant $141,775 Phase 2 7/1/2022

6/1/2023 • Legislative Strategy & Act

• MOU and JPA documents

• Start up Activities including Board development

• If possible, relationships and partnership agreements with affordable housing funding partners

Staff support for convening, workshop logistics, formation support

Staff $27,000 Phase 2 6/2/2021

6/1/2023 • Workshop promotion and materials

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• Outreach and communications materials, strategies and implementation

Grant Administration

Staff $16,450 Phase 2 4/1/2021

6/30/2023

• Reporting • Invoicing

Total projected cost $329,000

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Individual Project/Activity Information

Using the list of projects/activities in the above section, please provide more information about each one listed. Use additional pages if needed. Use the numbering from the list of projects and activities from the first page in the application.

4 Subregional Inclusionary Housing Strategy/Ordinance Template (from first page of application)

Estimated cost $252,000 Expected start date 12/15/2020 Expected end date 7/1/2022 Does this project require the procurement of at least one consultant?

☐no☒yes_Click or tap here to enter text._ total number of consultant firmsexpected for projects

Agency expected to procure consultant

☒subregional partner☐SCAG☐Other, please specify: Click or tap here to enter text.

Agency expected to administer or implement project or activity*

☒subregional partner☐SCAG☐Other, please specify: Click or tap here to enter text.

Which agency will be directly paying consultant invoices?

☒subregional partner (SCAG will reimburse the subregional partner)☐SCAG

Does this project require adoption or approval by a local decisionmaking body for implementation?

☐no☒yesIf yes, please specify the expected adoption/approval date:_10/7/2020____________

*The implementing agency cannot have any unresolved audit findings from prior government contracts and cannotbe party to pending land use, housing, or environmental litigation which could impact the proposed activities.

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4 Subregional Inclusionary Housing Strategy/Ordinance Template (from first page of application)

For each project and activity listed, please provide more details about the project or activity, including:

• Brief Description of project • Key deliverables and tasks, proposed performance indicators • Nexus to housing production and why the task necessary for the adoption or implementation of

the listed eligible activities for any tasks that are considered indirect to housing production (e.g., EIRs or General Plan amendments)

• Expected outcome of project or activity (i.e., plans for adoption or implementation) • Related Tasks that will be funded from other funding sources besides REAP (e.g., LEAP, SB 2) and

the amount • You may add additional space, as needed.

Brief Description of Project: A number of member jurisdictions in the Gateway Cities COG region have indicated that they are interested in adopting inclusionary housing policies, as a tool to assist them in increasing affordable housing production. Two local jurisdictions are working on passing inclusionary housing ordinances now, and one local jurisdiction has already adopted a policy, and intends to adopt an ordinance by the end of 2020. It is well known that there are economic and market advantages for multiple jurisdictions within a geographic area to adopt consistent inclusionary housing policies. This avoids the competitive disadvantage that can arise from unequal policy, from jurisdiction to jurisdiction. Member jurisdictions will be engaged as stakeholders in this subregional study of inclusionary housing policy feasibility, and in directing the development of policy and program tools to assist them in adopting individual local programs. This project will draw upon lessons learned from other regions, such as Marin County, that are undertaking similar studies. Key Deliverables and Tasks/Expected Outcome: The work of this work program task will include engaging a consultant to conduct subregion-wide study of inclusionary housing policy feasibility. Member jurisdictions will be engaged to form a subregional working group and provide any available housing market and demand data or analysis to fuel this study. The study will consider existing housing market and demand, as well as subregional housing costs and affordability, local need for housing and income levels of local populations, in order to determine the feasibility of, and appropriate targeting of, inclusionary housing policy in the subregion. The study will examine the whole Gateway subregion, and include data from jurisdictions that have already passed and are developing inclusionary housing policies. The Study will include the following components: affordability levels and percentages to be targeted, as well as parameters for in lieu fees. The study will make a set of recommendations for inclusionary housing policy content in feasible areas of the subregion, and recommend a process for inclusionary housing policy adoption, which may vary jurisdiction by jurisdiction. A model inclusionary housing ordinance, tailored for the subregion, will also be developed for use by the jurisdictions, and to jump start their process in adopting their individual ordinances.

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The feasibility study will be presented to member jurisdictions and tools provided to them to assist interested jurisdictions in developing and adopting policies and programs. The working group will spearhead development of specific inclusionary policies and ordinances where feasible throughout the subregion.

Communication materials profiling successful inclusionary housing programs and lessons learned in adopting policies and ordinances in other jurisdictions will also be prepared to assist member jurisdictions as they develop and adopt their own programs.

Proposed Performance Indicators for this task: Number of jurisdictions adopting inclusionary housing policies, as well as number of jurisdictions utilizing the communication materials developed as part of this program.

Nexus to Housing Production: The goal of this program is to provide another tool for local jurisdictions to increase the production of affordable housing in feasible areas of the subregion. The work of this task will be closely coordinated with work efforts that may already be funded in specific jurisdictions through SB2 and LEAP, in order to be sure that the work complements and furthers local projects, but does not duplicate their data collection or analysis efforts.

Related Tasks that will be funded from other funding sources besides REAP: In addition to REAP funding requested for this task for staffing, staff will also be funded by existing funding in place from SB2 and LEAP, and from PLHA in future years. Funding for our housing CivicSpark fellow, from HCD for this current service year, will also be drawn upon as our Fellow supports the work of this task.

4 Subregional Inclusionary Housing Strategy/Ordinance Template (from first page of application)

Alignment with SCAG Connect SoCal regional priorities (refer to Program Guidelines and attachment)

Please describe below how the project or activity aligns and advances Connect SoCal and Housing Program regional priorities and framework. You may add additional space, as needed.

This task furthers the following Connect SoCal regional priorities: • Inclusionary housing policies would be expected to include in lieu fee payment provisions that

can provide funding opportunities for new workforce and affordable housing development,and funding opportunities to support local sustainable development implementationprojects that reduce greenhouse gas emissions.

• The work of this task will also result in educational opportunities for local decision makersand staff on new tools, best practices, and policies related to implementing the SustainableCommunities Strategy.

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This work program may also support efforts to achieve ProHousing designation for cities in the subregion that adopt Inclusionary Policies as a result of this work.

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4 Subregional Inclusionary Housing Strategy/Ordinance Template (from first page of application) Project/Activity Tasks

Task and sub-tasks Staff/Consultant/Both Estimated cost Phase 1 or 2 Begin date End date Deliverable

Procure consultant to complete subregional inclusionary housing study and support for local jurisdictions

Staff $2,000 Phase 1 12/15/2020

1/30/2021

• Procurementdocuments

• Consultant contract

Feasibility Study Phase 1 Consultant $65,740 Phase 1 2/1/2021

4/30/2021

• SubregionalInclusionary HousingPolicy FeasibilityStudy DataCollection Report

• Initial SubregionalWorking GroupWorkshop

Feasibility Study Phase 2 Consultant $79,330 Phase 2 5/3/2021

9/30/2021

• SubregionalInclusionary HousingPolicy FeasibilityStudy Analysis andRecommendationReport

• Presentation toCities

Support for jurisdictions developing policy, such as model ordinances, public education materials.

Consultant $92,330 Phase 2 10/4/2021

7/1/2022 • Subregional WorkingGroup WorkSessions

• Model PolicyLanguage/Ordinances

• Communicationmaterials including

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lessons learned and case studies of successful inclusionary housing programs

Grant Administration

Staff $1,260 Phase 1 12/15/2020

4/30/2021

• Reporting • Invoicing

Grant Administration

Staff $11,340 Phase 2 5/1/2021

7/1/2022 • Reporting • Invoicing

Total projected cost $252,000

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Individual Project/Activity Information

Using the list of projects/activities in the above section, please provide more information about each one listed. Use additional pages if needed. Use the numbering from the list of projects and activities from the first page in the application.

5 Innovative Housing Finance Strategies

Estimated cost $177,000 Expected start date 6/1/2021 Expected end date 12/30/2022 Does this project require the procurement of at least one consultant?

☐no ☒yes _Click or tap here to enter text._ total number of consultant firms expected for projects

Agency expected to procure consultant

☒subregional partner ☐SCAG ☐Other, please specify: Click or tap here to enter text.

Agency expected to administer or implement project or activity*

☒subregional partner ☐SCAG ☐Other, please specify: Click or tap here to enter text.

Which agency will be directly paying consultant invoices?

☒subregional partner (SCAG will reimburse the subregional partner) ☐SCAG

Does this project require adoption or approval by a local decisionmaking body for implementation?

☐no ☒yes If yes, please specify the expected adoption/approval date: _10/7/2020____________

*The implementing agency cannot have any unresolved audit findings from prior government contracts and cannot be party to pending land use, housing, or environmental litigation which could impact the proposed activities.

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5 Innovative Housing Finance Strategies

For each project and activity listed, please provide more details about the project or activity, including:

• Brief Description of project • Key deliverables and tasks, proposed performance indicators • Nexus to housing production and why the task necessary for the adoption or implementation of

the listed eligible activities for any tasks that are considered indirect to housing production (e.g., EIRs or General Plan amendments)

• Expected outcome of project or activity (i.e., plans for adoption or implementation) • Related Tasks that will be funded from other funding sources besides REAP (e.g., LEAP, SB 2) and

the amount • You may add additional space, as needed.

Brief Description of Project: This task will result in the development of innovative housing public finance strategies that can be employed in the Gateway Cities Subregion in order to incentivize and increase housing production, by funding the services necessary to support new housing units, in a fiscally challenged area of Los Angeles County. This work will build on the groundwork already lain by the COG, directed by our member jurisdictions, to pursue legislative fixes supporting innovative strategies to support local jurisdictions by offsetting the costs of serving new housing units. Key Deliverables and Tasks/Expected Outcome: The first sub task in this work program area is to procure the services of a consultant to prepare a City Finance/Revenue vs Cost/Housing Production Impact Study and Recommendations that will assess the budgetary conditions in the Gateway Cities, their sources of revenue, and the impact that the development of housing and the provision of services and infrastructure relating to it, has on their finances and budgets. The study will provide data that will build on the work already done by economic development staff in the subregion considering legislative fixes and funding strategies to facilitate housing and infrastructure development. The study will be modelled on a recent study, conducted by SPUR and California Forward, that reviewed the relative reliance of the Bay Area’s 101 cites on property tax versus sales tax and to test the question of whether those cities with a low share of the property tax would have an incentive to produce more housing if their share of the property tax was increased. The study can provide policy options for reducing the fiscal incentives for jurisdictions to avoid zoning for housing. To follow on to the Impact Study, a Technical Advisory Panel of experts in housing finance and development will be convened to consider the data provided in the study and develop Housing Finance and Incentives Recommendations. As necessary, this task will also include lobbying/legislative/drafting support for legislative changes that are recommended. Recommendations will be developed into communication materials that will encourage Affordable Housing and Inclusive Development. Staff support will also be provided for convening the Technical Advisory Panel, as well as for development and deployment of Affordable Housing 101/Inclusive Development materials.

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Proposed Performance Indicators for this task: The completed impact study, the completed panel convening and its recommendations, new policies, legislative fixes or programs adopted, changes in residential development capacity within the subregion’s member jurisdictions from the ConnectSoCal baseline through completion of the implementation period, as well as the number of Gateway Cities accessing and deploying the communication materials. Nexus to Housing Production: Because many of the Gateway Cities are financially challenged, and struggle to maintain their precarious City budgets, while adding the new services, infrastructure and amenities required by the development of new housing, the analysis in this task is essential to the development of strategies to increase housing production in this specific subregion. This work program is intended to address the financial challenges that local jurisdictions face in funding the infrastructure and needed services for residents of new housing units, in contrast to project 3, which is intended to address the challenges that developers and public/private partnerships face in funding affordable housing development. Related Tasks that will be funded from other funding sources besides REAP: The COG’s already funded and operating economic development consultant and Economic Development Working Group will be drawn on as important sources of input to support the work of this task. In addition to COG staff REAP funding requested for this task, staff will also be funded by existing funding in place from SB2 and LEAP, and from PLHA in future years. Funding for our housing CivicSpark fellow, from HCD for this current service year, will also be drawn upon as our Fellow supports the work of this task.

5 Innovative Housing Finance Strategies

Alignment with SCAG Connect SoCal regional priorities (refer to Program Guidelines and attachment)

Please describe below how the project or activity aligns and advances Connect SoCal and Housing Program regional priorities and framework. You may add additional space, as needed.

This task within the REAP work program furthers the following Connect SoCal regional priorities:

• Support statewide legislation that reduces barriers to new construction and that incentivizes development near transit corridors and stations.

• Promote the redevelopment of underperforming retail developments and other outmoded nonresidential uses.

• Support local jurisdictions in the establishment of EIFDs, CRIAs or other tax increment or value capture or other tools to finance sustainable infrastructure and development projects including housing and associated amenities and infrastructure.

• Work with local jurisdictions/communities to identify opportunities and assess barriers to implement sustainability strategies.

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• Undertaking the process of studying and developing housing finance strategies in thesubregion will also enhance partnerships with other planning organizations at multiplelevels of government.

• Provide educational opportunities to local decision makers and staff on new tools, bestpractices and policies related to implementing the Sustainable Communities Strategy.

This task also supports efforts to achieve ProHousing designation for cities in the subregion.

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5 Innovative Housing Finance Strategies Project/Activity Tasks

Task and sub-tasks Staff/Consultant/Both Estimated cost Phase 1 or 2 Begin date End date Deliverable

Procure consultant to prepare City Finance/Housing Production Impact Study

Staff $2,000 Phase 2 6/1/2021

7/15/2021

• Procurement documents

• Consultant Contract

City Finance/Housing Production Impact Study and Recommendations

Consultant $75,000 Phase 2 7/15/2021

12/31/2021

• Impact Study and Recommendations

Technical Advisory Panel – Housing Finance and Incentives Report /Recommendations

Consultant $45,150 Phase 2 1/3/2022

4/29/2022

• Housing Finance and Incentives Report (including legislative) strategies for the subregion

Affordable Housing 101/Inclusive Development Public Education Materials

Consultant $21,000 Phase 2 7/1/2022

12/30/2022

• Public education materials relating to affordable housing development process

• Deployment strategy for the subregion

Staff support for Impact Study, TAP panel convenings, deployment of Affordable Housing 101/Inclusive Development materials

Staff $25,000 Phase 2 1/3/2022

12/30/2022

• Workshop logistics support

• Communications materials and deployment

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Grant Administration

Staff $8,850 Phase 2 6/1/2021

12/30/2022

• Reporting • Invoicing

Total projected cost $177,000

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Housing element progress

Subregional partners must demonstrate jurisdictional progress toward housing element preparation before projects and activities that are not directly related to housing element preparation can be funded. In the section below, please list the jurisdictions your subregional area covers, planned SB 2 and LEAP activities (if any), and housing element progress. If a LEAP grant has not yet been awarded, please also indicate in the table. The rubric below can be used to indicate housing element progress: Use additional space or add additional lines, if needed.

A. The jurisdiction has either consultant or dedicated staff resources for their housing elementupdates, with all updates underway; no additional REAP support is proposed.

B. The jurisdiction has either consultant or dedicated staff resources for their housing elementupdates. A REAP support project for housing element updates is proposed by our subregion.

C. The jurisdiction has neither consultant nor dedicated staff resources for their housing elementupdates. A REAP support project for housing element updates by our subregion is NOT proposed.This jurisdiction will need technical assistance resources for their housing element update.

D. Our subregion is unaware of the status of housing element updates for this jurisdiction

• Note from the Gateway Cities COG Staff: Most Gateway Cities COG local jurisdictions have beenplaced in category B. With the exception of a few jurisdictions that are categorized as “C” or “D”,our local jurisdictions have indicated to COG staff that their 6th cycle Housing Element Updates arefunded, in procurement and/or underway. We have also identified below the tasks that many ofour jurisdictions are taking, related to their housing element updates, that are being funded withSB2 or LEAP dollars. By labelling most jurisdictions “B”, we are proposing one overarching supportproject for all of these jurisdictions in our REAP work program, because our work program #1 willaugment the scopes of work that jurisdictions have already negotiated with their housing elementconsultants, and support their work.

Jurisdiction SB 2 or LEAP (Local Early Action Program) Tasks re: Housing Element

Housing element progress (A., B., C. or D.)

Artesia Mixed Use Overlay B Avalon Zoning amendments that will result in permitting

housing by right and housing element update B

Bell SB2 funds being used to compete Bell Transit Corridors Specific Plan including increases of density and height and allow mixed use, and housing element update. Applied for LEAP funding, not yet received.

B

Bell Gardens Needs assessment to explore R1 to R3 zone changes and other density increases. Community meetings. New zoning ordinance to increase density and create R4 overlay. Fix General Plan inconsistencies.

B

Bellflower Hire consultant for Housing Element update. Zoning code amendments to increase density. ADU ordinance.

B

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Cerritos Establishment of one stop permitting shop. Housing element update.

B

Commerce Did not apply for either SB2 or LEAP. Had a General Plan and Housing Element update underway pre-COVID, now given budget constraints they are reassessing/reprioritizing all of their activities. Will continue their GP update/EIR, and interested in pursuing a Housing Element update.

C

Compton Prepare housing element and implement programs from previous element. Create objective design standards and make zoning code changes.

B

Cudahy Amend zoning ordinance and prepare Inclusionary Housing Ordinance with a CEQA streamlining component. Create a TOD Area Plan to increase affordable housing on a transit corridor.

D

Downey Housing Element Update B Hawaiian Gardens Update ADU ordinance, update specific plan to include

mixed use, update an inclusionary housing ordinance. Update housing element.

B

Huntington Park Did not apply for SB2 or LEAP; COG staff is consulting with the City about its path forward to Housing Element compliance.

C

Industry Did not apply for SB2; using LEAP funds to update housing element.

B

La Mirada The City of La Mirada is aiming to hire a consultant to provide site survey services to accommodate their projected RHNA allocation by the end of this year/early next year. Immediately following, and once the RHNA process has concluded (including appeals), they will be seeking to retain a consultant to assist with completing the Housing Element. They will be using SB 2 funding for the site survey consultant and LEAP funding for the Housing Element consultant.

B

Lakewood Housing element update. B Long Beach Housing element update with concurrent rezones B Lynwood ADU Strategy Plan, Housing Element update and

Specific Plan to allow housing. B

Maywood Update to zoning code to comply with ADU law, objective development standards, evaluate site for infill development, update housing element.

B

Montebello Housing Element update and Downtown Specific Plan update to allow housing.

B

Norwalk Housing element update and electronic permitting system.

B

Paramount Update Clearwater East SP to increase density. Update Housing Element and Climate Action Plan to promote denser housing development.

B

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Pico Rivera Housing Element update and update zoning code to include objective design and development standards and by-right development for all residential and mixed use development and digital permitting system.

B

Santa Fe Springs Housing/Mixed Use overlay creation, housing element update.

B

Signal Hill ID sites for potential rezoning to accommodate the RHNA. Develop an ADU Ordinance. Update the Density Bonus Ordinance. Prepare 6th Cycle Housing Element.

B

South Gate Draft three Specific Plans that will increase density and allow residential and mixed use development. Objective design standards. ADU prototypes.

B

Vernon Update housing element and permitting system with SB2 funds. Will apply for LEAP funds by the end of the year.

B

Whittier Amend specific plans to increase density, adopt an inclusionary ordinance and a density bonus ordinance.

B

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COVER PAGE MEMORANDUM OF UNDERSTANDING

No. M-0x-21

SCAG Overall Work Program (OWP) No: 300-4872Y0.01 Federal/State Awarding Agency: State of California, Department of Housing and Community Development CFDA Number and Name: N/A Federal Award Identification Number (FAIN) No: N/A Federal Award Date: N/A Total Amount of the Federal Award: N/A Federal Award Project Description: N/A Federal Awarding Official: N/A Sub-Recipient Name: TBD Sub-Recipient’s DUNS No: TBD Total Amount of Federal Funds Obligated to the Sub-Recipient: $0 Total Amount of Non-Federal Funds Obligated to the Sub-Recipient: TBD Total Amount of the Sub-Award: TBD Subaward Period of Performance Start Date: Effective date of this MOU Subaward Period of Performance End Date: June 30, 2023 Type of Contract: Project Specific Method of Payment: See Section 6 of this MOU Project R&D: N/A Indirect Cost Rate for the Federal Award: N/A Subaward Project Title: XXXXXXXXX Subaward Project Description: XXXXXXXXX

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MEMORANDUM OF UNDERSTANDING No. M-00x-21

BETWEEN THE

SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS AND XXXXXXXXX (Subregional Partner)

FOR XXXXXXXXXXXXXXXXXXXX (Project Title)

(SCAG Project/OWP No. 300-4872Y0.01)

This Memorandum of Understanding (“MOU” or “Agreement”) is by and between the Southern California Association of Governments ("SCAG") and the TBD (“Sub-Recipient”), for XXXXXXXXXXX, subsequently herein referred to as “Project.” SCAG and the Sub-Recipient are individually referred to herein as “Party” and may be collectively referred to herein as “Parties.”

RECITALS

WHEREAS, SCAG is a Joint Powers Agency and a federally designated Metropolitan Planning Organization (MPO) for Southern California. As an MPO, SCAG is primarily responsible for the development of a Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS) for the counties of Imperial, Los Angeles, Orange, San Bernardino, Riverside, and Ventura;

WHEREAS, the State of California (the “State”), Department of Housing and Community Development (“Department”) is authorized to provide up to $47,471,023 to SCAG under the Regional Early Action Planning (REAP) Grant Program, the regional component of the Local Government Planning Support Grants Program (as described in Health and Safety Code section 50515.02); WHEREAS, based on SCAG’s Regional Council action at its March 5, 2020 meeting, of the authorized amount, approximately up to $23 million will be allocated to fund subregional partnership projects for planning activities that will accelerate housing production and facilitate compliance in implementing the Sixth Cycle of Regional Housing Needs Allocation (RHNA) (“Subregional Partnership Program), and funding amount available for each subregional partner will be based on the final Sixth Cycle of RHNA allocation; WHEREAS, the Department approved SCAG’s application for a Request for Advance Allocation on April 14, 2020, to receive $11,867,755 (up to 25% of the amount allocated) and a Request for Allocation for the remaining funding is expected to be authorized in 2021; WHEREAS, on September 3, 2020, SCAG’s Regional Council approved Subregional Partnership Program Guidelines and authorized SCAG’s Executive Director or his designee to enter into agreements with the designated subregional partner under the REAP Program; WHEREAS, the Sub-Recipient, as the designated subregional partner, developed and submitted their proposals consistent with the Subregional Partnership Program Guidelines (“Project”) and SCAG reviewed and approved the Project;

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WHEREAS, pursuant to its annual Overall Work Program (OWP), SCAG will be engaged in activities and projects that will require certain technical, professional, or support services from time to time related to its work regarding the Subregional Partnership Program;

WHEREAS, the purpose of this MOU is to describe the responsibilities of the Parties, which includes SCAG to provide funding for the Project;

WHEREAS, the Sub-Recipient will hire a Consultant (“Consultant”) to perform the services required for the Project as described in the REAP Subregional Partnership Program application (“Scope of Work”);

WHEREAS, in consistent with the funding schedule in the Subregional Partnership Program Guidelines, SCAG shall contribute a maximum, not to exceed amount of xxx Dollars ($xx) of state funds for the Project (“Grant Funds”) as a part of Phase 1 Funding, and the Grant Funds may be increased up to the authorized full suballocation amount through an amendment to this Agreement, when the remainder of the funds will be made available to SCAG by the Department;

WHEREAS, the Sub-Recipient’s designated project manager, in coordination with SCAG’s designated project manager, will ensure the Scope of Work is performed by the Consultant;

WHEREAS, subject to the conditions described in the Subregional Partnership Program Guidelines, reimbursable activities by the Sub-Recipient and Consultant will begin on September 3, 2020 and shall be completed by June 30, 2023;

WHEREAS, this MOU shall supersede and replace any previous agreements or negotiations between SCAG and the Sub-Recipient related to the Project described herein; and

WHEREAS, SCAG’s Fiscal Year is from July 1 through June 30.

NOW THEREFORE, IT IS MUTUALLY AGREED THAT:

1. MOU Contents

This MOU is comprised of these terms and conditions and any attached Exhibits, and may be amendedonly by written agreement between SCAG and the Sub-Recipient. Such terms and conditions may besubject to change. The Recitals to this Agreement are also incorporated herein by this reference.

2. Scope of Work

a. The Sub-Recipient and Consultant procured by the Sub-Recipient in accordance with applicableprocurement requirements and policies, shall perform the Scope of Work, in accordance withapplicable State requirements, including but not limited to the requirements set forth in Sections7, 8, 9, 14, 15, 16, 17, 18, 19 and 20 of this MOU.

b. SCAG shall only be obligated to make payments to the Sub-Recipient for work performed as partof the Scope of Work regarding the Project, up to the maximum amount of xxx Dollars ($xxx).SCAG intends to use state funds to meet its funding obligations described herein.

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c. The Sub-Recipient shall use the Grant Funds in accordance with the approved Scope of Work as contained in the timeline and budget and related information outlined in the Subregional Partnership Program application and any subsequent applications.

d. The approved Scope of Work shall be documented using the Scope of Work Approval Form, attached hereto as “Exhibit A” and incorporated herein by this reference and subsequently herein referred to “Approval Form.” The completed Approval Form must be signed and agreed upon by Subrecipient Project Manager and SCAG Project Manager, prior to the performance of the Scope of Work. The completed Approval Form may be signed by way of a manual or authorized digital signature, or a signature stamp. The completed Approval Form may be amended subject to approval by SCAG. No alteration or deviation of the Scope of Work shall be valid unless the completed Approval Form is amended and properly signed and agreed upon by both Parties.

e. The Sub-Recipient hereby verifies that it procured or shall procure the Consultant to perform the Scope of Work through a competitive process consistent with SCAG’s Procurement Manual (dated 4/17/20 or successors thereto) involving preparation and issuance of a Request for Proposals (RFP or any solicitation) to select and award work to any Consultant. The Sub-Recipient shall consult with SCAG Project Manager in development of the RFP (or any solicitation) and obtain SCAG Project Manager’s approval on the final RFP (or solicitation) prior to its issuance. The Sub-Recipient shall provide SCAG with a copy of its Notice to Proceed issued to the Consultant, along with a copy of the Consultant contract within forty-eight (48) hours of its issuance. When requested, the Sub-Recipient shall also provide other related documentation of compliance, as determined by SCAG, with applicable procurement requirements and terms and conditions of this MOU within forty-eight (48) hours of the request .

f. Subject to the execution of a valid, enforceable contract between the Sub-Recipient and Consultant, the Sub-Recipient shall be responsible for managing the Consultant in performing the Scope of Work. Each Party’s Project Manager shall review and approve Consultant’s invoices.

g. The Sub-Recipient’s Project Manager shall be responsible for final approval of Consultant’s deliverables consistent with the Scope of Work; provided, however, that prior to approving a deliverable from the Consultant, the Sub-Recipient’s Project Manager shall consult with SCAG’s Project Manager. In the event that the Sub-Recipient or its Consultant proposes an amendment to the Consultant’s contract which changes the terms of Consultant’s contract with the Sub-Recipient, including but not limited to, increases the value of the contract amount and/or modifies the Scope of Work, the Sub-Recipient shall notify SCAG’s Project Manager in writing prior to such amendment process and provide SCAG with a copy of such amendment.

h. The Sub-Recipient shall provide SCAG with quarterly reports and a final report as specified in Section 6 of this MOU, which shall include an accounting of Grant Fund expenditures. The Sub-Recipient shall retain a copy of payment records, invoices, receipts, and any other documentation requested by SCAG for all Grant Fund expenditures.

i. The Sub-Recipient agrees that SCAG, or its authorized representative(s), shall have access to and the right to examine, audit, excerpt, copy or transcribe any pertinent transaction, activity, or record relating to this Agreement. All such material shall be kept and maintained by the Sub-Recipient

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and shall be made available to SCAG during the term of this Agreement unless SCAG's advance written permission is given to dispose of any such material.

3. Term

The Term of this Agreement shall begin on the Effective Date of the Agreement and continue until June 30, 2023, hereinafter referred to as the “Completion Date,” unless terminated earlier as provided herein. Time is of the essence in the performance of services under this MOU.

4. Program Management

a. All work under this MOU shall be coordinated with SCAG and the Sub-Recipient through the Project Managers.

b. For purposes of this MOU, SCAG designates the following individual as its Project Manager: xxxxxx xxxxxxxxxx (213) xxx-xxxx [email protected] SCAG reserves the right to change this designation upon written notice to the Sub-Recipient.

c. For purposes of this MOU, the Sub-Recipient designates the following individual as its Project

Manager: Name Title Phone Email The Sub-Recipient reserves the right to change this designation upon written notice to SCAG.

5. Funding

a. SCAG’s contribution to the Project is funded wholly with state funds, up to xx Dollars ($xx).

SCAG shall not be obligated to make payments for any Project costs that exceed xx Dollars ($xxx). SCAG shall not be obligated to pay for any increase in Project costs which exceeds SCAG’s obligated funding amount.

b. SCAG reserves the right, in its sole discretion, to discontinue funding the Program and terminate the contract as described in Section 21 of this MOU.

c. Any costs for which the Sub-Recipient receives reimbursement or credit that is determined by a subsequent audit or other review by either SCAG, the Department or other State authorities to be ineligible or otherwise unallowable, are to be repaid by the Sub-Recipient within thirty (30)

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calendar days of the Sub-Recipient receiving notice of audit findings and a written demand for reimbursement from SCAG. Such repayment shall include interest, penalties or related fees, as determined by the Department or other State authorities. Should the Sub-Recipient fail to reimburse unallowable costs due to SCAG within thirty (30) calendar days of demand, or within such other period as may be agreed between both parties hereto, SCAG is authorized to withhold future payments due to the Sub-Recipient.

6. Invoices and Progress Reports

a. SCAG’s contribution to the Project shall be made on a reimbursement basis to the Sub-Recipient

after the Sub-Recipient and Consultant have performed the services made pursuant to the Scope of Work. All invoices submitted to SCAG for payment shall be e-mailed to [email protected] (file cannot exceed 10MB).

b. Not less frequently than once in every month, the Sub-Recipient shall submit an invoice to SCAG

using the Invoice Report, attached hereto and incorporated herein by this reference and subsequently herein referred to as “Exhibit B.” SCAG shall reimburse the Sub-Recipient for paid Staff and Consultant invoices. The Invoice Report shall include a narrative description of the progress toward completion of tasks related to the Project, copies of paid Staff and Consultant invoices, and a proof of the payment.

c. The Invoice Report shall include the following information:

1) Names of Sub-Recipient and Consultant personnel performing work 2) Dates and times of Project work 3) Location of Project work 4) Itemized costs, including identification of each employee, contractor or subcontractor staff

who provided services during the period of the invoice, the number of hours and hourly rates for each such employee, including complete timesheets or time cards signed by the employee and approved by the supervisor; invoices and vouchers, evidencing in proper detail the nature of the charges, and other documentation requested by SCAG; contractor or subcontractor staff member, authorized travel expenses with receipts, receipts for authorized materials or supplies, and subcontractor invoices.

5) The Sub-Recipient shall submit narrative reports indicating percentage of completion with each set of invoices to allow the SCAG’s Project Manager to determine if the Sub-Recipient is performing to expectations, is on schedule, is within funding limitations, as well as to communicate interim findings, and to afford occasions for airing difficulties respecting special problems encountered so that remedies can be developed.

d. Incomplete or inaccurate invoices shall be returned to the Sub-Recipient unapproved for correction.

e. All direct and Consultant costs billed must be specifically identified and supported with original

receipts, invoices, or statements. Travel expenses and per diem rates are not to exceed the rate specified by the State of California Department of Human Resources for similar employees (i.e. non-represented employees) unless written verification is supplied that government hotel rates were not then commercially available to the Sub-Recipient, its sub-recipient, contractors, and/or subcontractors, at the time and location required as specified in the California Department of

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Transportation's Travel Guide Exception Process at the following link: http://www.dot.ca.gov/hq/asc/travel/ap_b/bu1.htm. Also see website for summary of travel reimbursement rules.

f. By the tenth day following the start of a new quarter (i.e., January 10, April 10, July 10, October

10), the Sub-Recipient shall submit a Quarterly Report using the Sub-Recipient Report Template provided by SCAG Project Manager to the Sub-Recipient Project Manager prior to the due date. A copy of the Sub-Recipient Report Template is attached hereto as “Exhibit C” and incorporated herein by this reference and subsequently herein referred to as “Report Template”. The Report Template may be modified at any time by the SCAG Project Manager, and will be provided to the Sub-Recipient Project Manager as soon as the change is in effect. The Quarterly Report shall include, in narrative form, a description of services performed by Sub-Recipient’s staff and Consultant as well as progress toward completion of tasks related to the Project for the prior quarter and a reporting of all costs incurred regarding the Project.

g. By February 10 of each year following receipt of funding pursuant to this MOU, the Sub-Recipient shall submit an Annual Report using the Report Template. The Annual Report shall include, in narrative form, a description of services performed by Sub-Recipient’s staff and Consultant as well as progress toward completion of tasks related to the Project for the prior year and a reporting of all costs incurred regarding the Project for that period.

h. On April 10, 2021, the Sub-Recipient Project Manager shall submit the Housing Element Progress portion of the Report Template to SCAG Project Manager. The Housing Element Progress section shall thereafter be required annually, as part of the Annual Report due on February 10 of each year.

i. As each project is finalized, and no later than July 21, 2023, the Sub-Recipient shall submit a Close-Out Report for each project, in a format to be determined by the SCAG Project Manager. At the time of the drafting of this MOU, the Awarding Agency, State of California, Department of Housing and Community Development (HCD) has not provided the requirements for the Close-Out Report due to HCD by all grantees at the conclusion of the grant performance period. Therefore, the Close-Out Report format required by SCAG of Sub-Recipients is not available at this time, but will be provided to the Sub-Recipient Project Manager by SCAG Project Manager once it becomes available.

j. On all documents submitted to SCAG for the Project, including Invoices, Quarterly Reports,

Annual Reports, and Close Out Form, the Project Number (OWP No. 300-4872.01) shall be referenced from the Effective Date through June 30, 2023.

k. The Parties acknowledge that SCAG’s fiscal year is from July 1 to June 30. The Sub-Recipient

agrees to submit all invoices to SCAG for services rendered through June 30th, no later than July 21st during the Term of this Agreement (e.g., 7/21/21, 7/21/22, & 7/21/23). SCAG shall not be obligated to pay the Sub-Recipient for any invoice received after such date.

l. The Sub-Recipient will require that its Consultant pay any subconsultants for satisfactorily

completed work no later than ten (10) days of receipt of each payment from the Sub-Recipient. The ten (10) calendar days period is applicable unless a longer period is agreed to in writing.

7. Accounting Records

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a. The Sub-Recipient and Consultant shall establish and maintain an accounting system conforming

to Generally Accepted Accounting Principles (GAAP) to support Invoices which segregate and accumulate the costs of work elements by line item and produce Progress Reports which clearly identify reimbursable costs and other expenditures by work elements.

b. The Sub-Recipient and Consultant shall establish a separate ledger account for receipts and expenditures of Grant Funds and maintain expenditure details in accordance with the scope of work, project timeline and budget.

c. The Sub-Recipient and Consultant shall maintain documentation of its competitive bid process (including the use of sole source purchasing) consistent with SCAG’s Procurement Manual (dated 4/17/20), and financial records of expenditures incurred during the course of the project in accordance with GAAP.

d. The Sub-Recipient agrees that SCAG or designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this MOU.

e. The Sub-Recipient and Consultant shall be responsible for maintaining accounting records as

specified above.

8. Allowable Uses of Grant Funds

a. SCAG shall not award or disburse funds unless it determines that the Grant Funds shall be expended in compliance with the terms and provisions of the Notice of Funding Opportunity (NOFA) for the REAP Grant Program pursuant to Chapter 3.1 of Health and Safety Code (Sections 50515 to 50515.05) (Chapter 159, Statutes of 2019), which includes associated forms and guidelines and this Agreement.

b. Grant Funds shall only be used by the Sub-Recipient for project activities approved by SCAG that involve planning activities in accordance with the NOFA published by the Department.

c. Grant Funds may not be used for administrative costs of persons employed by the Sub-Recipient for activities not directly related to eligible activities.

d. The Sub-Recipient shall use no more than 5 percent of the total Grant Funds for administrative costs related to the Project. For purposes of this MOU, administrative costs are defined as: preparing invoices and supporting documentation; preparing quarterly progress reports; and participating in project management meetings. Additional funds may be used from other sources solely contributed by the Sub-recipient to support the Sub-recipient’s administration of the Project.

e. If the Sub-Recipient is seeking reimbursement for indirect costs, they must annually submit an Indirect Cost Allocation Plan (ICAP) or an Indirect Cost Rate Proposal (ICRP) to its cognizant agency for indirect costs in accordance with Title 2 Code of Federal Regulations Part 200 (2 CFR 200) Uniform Administrative Requirements, Cost Principles, And Audit Requirements For Federal Awards. The cognizant agency for indirect costs means the Federal agency responsible for reviewing, negotiating, and approving indirect cost allocation plans or indirect cost proposals. The Sub-Recipient must include their estimated indirect cost rate in the project application and provide

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a copy of the acceptance letter from their cognizant agency for the approved ICAP or ICRP for the current fiscal year. Indirect costs may be sought for reimbursement only after the Sub-Recipient has received ICAP/ICRP approval from its cognizant agency.

f. The Sub-Recipient shall be accountable to SCAG and the Department to ensure Consultants’ performance. The agreements with the Consultants shall provide for compliance with all applicable requirements of this Agreement as determined by SCAG.

g. SCAG will provide reimbursement only for approved and eligible costs incurred after September 3, 2020 as described in the conditions of the Subregional Partnership Program Guidelines.

h. There must be a strong implementation component for the funded activity through REAP, including, where appropriate, agreement by the Sub-Recipient to formally adopt the completed planning document. The Sub-Recipient that does not formally adopt the funded activity could be subject to repayment of the Grant Funds.

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

9. Electronic Version of Work Products

a. For purposes of this Agreement, “Work Products” shall mean any deliverables, including reports,

data files, newsletters or any other written or electronic materials provided pursuant to the Scope of Work.

b. The Sub-Recipient shall submit one (1) electronic copy of all completed deliverables associated

with the Project to the assigned SCAG Project Manager. c. SCAG shall own all Work Products and shall grant to the Sub-Recipient a royalty-free, non-

exclusive and irrevocable license to reproduce, publish or otherwise use Work Products related to the Project and developed as part of this MOU; provided, however, that any reproduction, publishing, or reuse of the Work Products will be at the Sub-Recipient’s sole risk and without liability or legal exposure to SCAG. Such written verification by SCAG shall not be unreasonably denied and shall be provided by SCAG within ten calendar days of the Sub-Recipient’s request therefor.

d. Subject to the California Public Records Act, all deliverables and related materials related to the

Project shall be held confidential by Consultant. Nothing furnished to the Sub-Recipient or SCAG which is otherwise known or is generally known, or has become known, to the related industry shall be deemed confidential. The Sub-Recipient shall also safeguard such confidential materials from unauthorized disclosure, using the same standard of care to avoid disclosure, as the Sub-Recipient treats its confidential information, but in no case less than reasonable care.

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10. MOU Changes

a. No alteration or deviation of the terms of this MOU shall be valid unless made in writing in the form of MOU Amendment and properly executed by both parties. If an amendment is to become effective before the date of full execution by the Parties, the effective date of such amendment shall be no earlier than the date that SCAG received the Request.

b. Either Party may request, at any time, amendments to this MOU and will notify the other party regarding such changes. Within ten (10) calendar days from the date of the written notice, the requesting Party shall notify the other Party of the impact of such changes on the Scope of Work, schedule, and budget. Upon agreement between the Parties as to the required changes, an amendment to this MOU shall be prepared regarding the same. If the Parties are unable to reach an agreement regarding the changes requested by SCAG, the Parties may terminate this MOU in accordance with the provisions set forth in Section 21(a) of this MOU.

11. Notices

Any notice or notices required or permitted to be given pursuant to this MOU may be personally served on the other party by the party giving such notice, or may be served by certified mail, return receipt requested, to the following addresses:

To SCAG: Cindy Giraldo

Chief Financial Officer Southern California Association of Governments 900 Wilshire Blvd., Suite 1700 Los Angeles, CA 90017 (213) 630-1413 [email protected]

SCAG reserves the right to change this designation upon written notice to the Sub-Recipient.

To Sub-Recipient: Name

Title Agency Address Address Phone Email

12. Insurance

The Sub-Recipient and Consultant, at their own expense, procure and maintain policies of insurance of the types and amounts below, for the duration of the MOU. The policies shall state they afford primary coverage. The minimum required insurance coverage required by SCAG is set forth below.

a. Minimum Scope of Insurance – Coverage shall be at least as broad as:

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1) Insurance Services Office Commercial General Liability coverage (Occurrence form CG0001), or its equivalent.

2) Insurance Services Office form number CA0001 (Ed. 1/87) covering Automobile Liability, code

1 (any auto) or its equivalent. 3) Workers’ Compensation insurance as required by the State of California and Employer’s Liability

Insurance. 4) Professional Liability (Errors and Omissions) insurance appropriate to the Consultant’s

profession.

b. Minimum Limits of Insurance – The Sub-Recipient, Consultant, and SCAG shall maintain limits no less than: 1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property

damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

2) Automobile Liability: Including contractual liability insuring owned, non-owned, hired and all

vehicles by the Sub-Recipient and Consultant with a combined single limit of not less than $1,000,000 applicable to bodily injury, or death, and loss of or damage to property in any one occurrence.

3) Workers’ Compensation Liability: Including Occupational Diseases in accordance with

California Law and Employers’ Liability Insurance with a limit of not less than $1,000,000 each accident.

4) Professional Liability Insurance: With limits of not less than $1,000,000 per occurrence. In

addition, it shall be required that the professional liability insurance policy remain in effect for six (6) months after the Completion Date of this MOU.

c. Other Insurance Provisions – Both Sub-Recipient and SCAG should comply with the other insurance

provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:

1) SCAG, its officials and employees are to be covered as additional insureds, as respects to liability

arising out of the activities performed by or on behalf of the Sub-Recipient or Consultant, products and completed operations of the Sub-Recipient or Consultant; premises owned, occupied or used by the Sub-Recipient; or automobiles owned leased, hired or borrowed by the Sub-Recipient. The coverage shall contain no special limitations on the scope of protection afforded to SCAG, its officials and employees.

2) For any claims related to this Project, the Sub-Recipient’s and Consultant’s insurance coverage

shall be primary insurance as respects SCAG, its officials and employees. Any insurance or self-insurance maintained by SCAG shall be excess of the Sub-Recipient’s and Consultant’s insurance

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and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of

warranties shall not affect coverage provided to SCAG, its officials and employees. 4) The Sub-Recipient’s or Consultant’s insurance shall apply separately to each insured against

whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. 5) Workers’ Compensation and Employer’s Liability policies shall contain the inclusion of SCAG,

its members, subsidiaries, officials and employees and shall provide a waiver of subrogation.

d. Deductibles and Self-Insured Retentions – Any deductibles or self-insured retentions in amounts over $10,000 must be declared to and approved by SCAG.

e. Acceptability of Insurers – Insurance is to be placed with California admitted insurers with a current A.M. Best’s rating of no less than A and be admitted, unless otherwise approved by SCAG.

f. Verification of Coverage – The Sub-Recipient and Consultant shall furnish SCAG with original

endorsements and certificates of insurance evidencing coverage required by this clause. All documents are to be signed by a person authorized by that insurer to bind coverage on its behalf. All documents are to be received and approved by SCAG before work commences. Upon request of SCAG at any time, the Sub-Recipient shall provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications.

13. Indemnification

a. Except for the negligence or willful misconduct of SCAG and any of its directors, officers, agents,

employees, assigns, and successors in interest, the Sub-Recipient undertakes and agrees to defend, indemnify, and hold harmless SCAG and any of its directors, officers, agents, employees, assigns, and successors in interest from and against all suits and causes of action, claims, losses, demands and expenses, including, but not limited to, attorney's fees and cost of litigation, damage or liability of any nature whatsoever, for death or injury to any person, including SCAG’s employees and agents, or damage or destruction of any property of either party hereto or of third parties, arising in any manner by reason of the negligent acts, errors or omissions or violations of law by the Sub-Recipient, employees and agents in connection with its activities in pursuing the Project or under this MOU. The Sub-Recipient further agrees to require its Consultant to provide indemnification for SCAG to the same extent as the Sub-Recipient, in the contract(s) between the Sub-Recipient and its Consultant for work related to this Agreement.

14. Records Retention and Audits

a. The Sub-Recipient shall maintain all source documents, books and records connected with the Project and procurement of the Consultant and all work performed under this MOU for a minimum of three (3) years from the Completion Date or the date an audit resolution is achieved for each annual SCAG Overall Work Program (OWP), whichever is later, and shall make all supporting information available upon request for inspection and audit by representatives of SCAG, the

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Department, the California State Auditor, or other authorized government agency. Copies shall be made and furnished by SCAG upon request at no cost to SCAG.

b. SCAG shall maintain all source documents, books and records connected with the Project under

this MOU for a minimum of three (3) years from the Completion Date or the date an audit resolution is achieved for each annual SCAG OWP, and shall make all supporting information available upon request for inspection and audit by representatives of the Sub-Recipient, the Department, the California State Auditor, or other authorized government agency. Copies shall be made and furnished by the Sub-Recipient upon request at no cost to the Sub-Recipient.

c. At any time during the term of this Agreement, SCAG and the Department may perform a financial

audit of any and all phases of the award. At SCAG and the Department’s request, the Sub-Recipient shall provide, at its own expense, a financial audit prepared by an independent certified public accountant. SCAG and the Department has the right to review project documents and conduct audits during project implementation and over the project life.

d. The Sub-Recipient agrees that SCAG and the Department shall have the right to review, obtain, and copy all records and supporting documentation to the performance of this Agreement. The Sub-Recipient agrees to provide any relevant information requested.

e. The Sub-Recipient agrees to permit SCAG and the Department access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees who might reasonably have information related to such records and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with statutes, program guidelines, and this Agreement.

f. If any litigation, claim, negotiation, audit, monitoring, inspection or other action has been started before the expiration of the required record retention period, all records must be retained by the Sub-Recipient and the Consultant until completion of the action and resolution of all issues which arise from it. Records relating to any and all audits or litigation relevant to this Agreement shall be retained for five (5) years after the conclusion or resolution of the matter.

g. If applicable, the Sub-Recipient agrees to include all costs associated with this MOU and any

amendments thereto to be examined in the annual audit and in the schedule of activities to be examined under a single audit prepared by the Sub-Recipient in compliance with Subpart F of the Office of Management and Budget’s Uniform Grant Guidance, formerly referred to as Circular A-133. The Sub-Recipient is responsible for assuring that the Single Auditor has reviewed the requirements of this MOU. Copies of said audits shall be submitted to SCAG.

h. Neither the pendency of a dispute nor its consideration by a Party or the State shall excuse the

other Party from full and timely performance in accordance with the terms of this MOU.

15. General Terms and Conditions a. The Sub-Recipient and Consultant shall adhere to the requirements contained in the State of

California General Terms and Conditions (GTC 04/2017) now incorporated by reference. Such

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requirements shall apply to the Sub-Recipient and the Consultant to the same extent as SCAG and may include, but are not limited to: 1) Recycling Certification 2) Non-Discrimination Clause 3) Anti-Trust Claims 4) Child Support Compliance Act 5) Priority Hiring Considerations 6) Small Business Participation and DVBE Participation

16. Equal Employment Opportunity/Nondiscrimination

a. In the performance of work undertaken pursuant to this MOU, the Parties and their assignees and

successors in interest, shall affirmatively require that their employees and contractors shall not unlawfully discriminate, harass or allow harassment, against any person, employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status.

b. The Parties shall ensure that the evaluation and treatment of their employees and applicants for

employment are free from such discrimination and harassment. The Parties shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et seq.), the applicable regulations promulgated there under (California Code of Regulations, Title 2, Section 11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§11135-11139.5), and the regulations or standards adopted by the awarding state agency to implement such article.

c. The Parties shall permit access by representatives of SCAG, the Department of Fair Employment and Housing and the awarding state agency upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department shall require to ascertain compliance with this clause. The Parties shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. The Parties shall include the nondiscrimination and compliance provisions of this clause in all sub-agreements to perform work under this MOU.

d. The applicable regulations of the Fair Employment and Housing Commission implementing the Government Code sections referenced above, are incorporated into this MOU by reference and made a part hereof as if set forth in full.

e. Noncompliance: In the event of noncompliance by either Party with the nondiscrimination

provisions of this MOU, the other Party may cancel, terminate or suspend the MOU, in whole or in part.

f. If required by Department, additional or alternate sanctions for noncompliance may be imposed.

17. Conflict of Interest

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The Parties shall comply with Federal and State conflict of interest laws, regulations and policies as well as all applicable Federal and State laws, regulations and policies in connection with its activities pursuant to this Agreement.

18. Independent Contractor

The Sub-Recipient and its Consultant(s), officers, employees and agents shall be independent contractors in the performance of this MOU, and not officers, employees, contractors or agents of SCAG.

19. Disputes

a. In the event of a dispute among the parties concerning a question of fact arising under this

agreement that is not disposed of by agreement, which involves a decision by the Department’s Housing Policy Development Manager (or the Manager’s designee) who may consider any written or verbal evidence submitted by SCAG, the decisions of the Department shall be final and not subject to further appeal pursuant to Health and Safety Code Section 50515.04(g). SCAG shall include in such submittal to the Department any written or verbal evidence submitted to SCAG by the Parties, at the discretion of SCAG, as part of this process. Neither the pendency of a dispute nor its consideration by the Department will excuse the Parties from full and timely performance in accordance with the terms of this agreement.

b. For other disputes and except as otherwise provided in this MOU, if a dispute arises between the Parties to this MOU, the Parties hereto agree to use the following procedure to resolve such dispute, prior to pursuing other legal remedies:

c. A meeting shall be held promptly between the Parties that will be attended by the Sub-Recipient’s

Project Manager and SCAG’s Project Manager as well as individuals with decision-making authority (to the extent reasonably possible), who will attempt in good faith to negotiate a resolution of the dispute.

d. If the Parties are unsuccessful in resolving the dispute under (a) above, they may:

1) agree to submit the matter to mediation, binding judicial reference, or a private adjudicator (if all Parties so agree); or

2) initiate litigation following advance written notice to the other Party of not less than thirty (30)

days.

e. If any party should bring a legal action against the other to enforce the terms of this MOU, the prevailing party shall be entitled to recover reasonable attorneys’ fees and costs, as determined by a court of competent jurisdiction in said proceeding.

20. Noncompliance

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In addition to such other remedies as provided by law, in the event of nonperformance or noncompliance with any grant condition or specific requirement of this MOU, this MOU may be terminated pursuant to Section 21.

21. Termination of MOU

a. Termination for Convenience. Either Party may terminate this MOU at any time by giving written notice to the other party of such termination at least thirty (30) calendar days before the effective date of such termination. In such event, all finished or unfinished documents and other materials as described in the MOU shall be provided to SCAG and the Sub-Recipient shall be paid for all services performed by Consultant and accepted by the Sub-Recipient provided the required consultation between the Sub-Recipient and SCAG has been undertaken in accordance with Section 2(f) of this MOU. Further, the Party terminating this MOU before the effective date of termination shall be responsible for any actual, incurred termination costs incurred by the Consultant as a result of such termination notice.

b. Termination for Cause. If through any cause, the Sub-Recipient shall fail to timely and adequately

fulfill its obligations under this MOU, or if the Sub-Recipient violates any of the covenants, agreements, or stipulations of this MOU, SCAG shall thereupon have the right to terminate the MOU by giving not less than ten (10) calendar days written notice to the Sub-Recipient of the intent to terminate and specifying the effective date thereof. SCAG shall provide a reasonable opportunity for the Sub-Recipient to cure prior to termination. In no event shall such opportunity to cure extend beyond the term of the MOU. In the event that SCAG invokes this termination clause, all finished or unfinished documents and other materials as described in the MOU shall be returned to SCAG at its option.

c. If through any cause, SCAG shall fail to timely and adequately fulfill its obligations under this

MOU, or if SCAG violates any of the covenants, agreements, or stipulations of this MOU, the Sub-Recipient shall thereupon have the right to terminate the MOU by giving not less than ten (10) calendar days written notice to SCAG of the intent to terminate and specifying the effective date thereof. The Sub-Recipient shall provide a reasonable opportunity for SCAG to cure prior to termination. In no event shall such opportunity to cure extend beyond the term of the MOU. In the event that the Sub-Recipient invokes this termination clause, all finished or unfinished documents and other materials as described in the MOU shall be returned to the Sub-Recipient at its option.

22. Non-Assignment

a. Neither Party shall assign this MOU, or any part thereof, without the written consent of each Party

to this MOU. Any assignment without such written consent shall be void and unenforceable. b. The covenants and agreement of this MOU shall inure to the benefit of, and shall be binding upon

each of the Parties and their respective successors and assignees.

23. Release of Information

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The Sub-Recipient shall not release any information to a third party or otherwise publish or utilize any information obtained or produced by it as a result of or in connection with the performance of services under this Agreement without the prior written authorization of SCAG, except as required by law and with prior written notice to SCAG.

24. Non-Exclusivity

Nothing herein is intended nor shall be construed as creating an exclusive arrangement between SCAG and the Sub-Recipient. This Agreement shall not restrict SCAG from acquiring similar, equal or like services from other entities or sources.

25. Severability

If any provision of this MOU is held to be illegal, invalid, or unenforceable, in whole or in part, such provision shall be modified to the minimum extent necessary to make it legal, valid, and enforceable, and the legality, validity, and enforceability of the remaining provisions shall not be affected thereby.

26. Survival

The following sections survive expiration or termination of this MOU: Section 9 (Electronic Version of Work Products) Section 13 (Indemnification) Section 19 (Disputes) Section 23 (Release of Information)

27. Jurisdiction and Venue

This MOU shall be deemed an agreement under the laws of the State of California and for all purposes shall be interpreted in accordance with such laws. Both Parties hereby agree and consent to the exclusive jurisdiction of the courts of the State of California and that the venue of any action brought thereunder shall be Los Angeles County, California.

28. Waiver

No delay or failure by either Party to exercise or enforce at any time any right or provision of this Agreement shall be considered a waiver thereof of such Party’s right thereafter to exercise or enforce each and every right and provision of this Agreement. A Waiver to be valid shall be in writing but need not be supported by consideration. No single waiver shall constitute a continuing or subsequent waiver.

29. Standard of Care

The Parties and Consultant shall perform the work required for the production of the Project under this MOU in accordance with generally accepted industry standards, practices, and principles applicable to such work.

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30. Force Majeure

Neither the Sub-Recipient, SCAG nor Consultant shall be liable or deemed to be in default for any delay or failure in performance under this MOU or interruption of services resulting, directly or indirectly, from acts of nature, civil or military authority, acts of public enemy, war, strikes, labor disputes, pandemics, or any other similar cause beyond the reasonable control of the Sub-Recipient, SCAG or Consultant.

31. Execution of MOU or Amendment

This MOU, or any amendment related thereto (Amendment), may be executed in multiple counterparts, each of which shall be deemed to be an original, but all of which shall constitute one and the same agreement. The signature page of this MOU or any Amendment may be executed by way of a manual or authorized digital signature. Delivery of an executed counterpart of a signature page to this Agreement or an Amendment by electronic transmission scanned pages shall be deemed effective as a delivery of a manually or digitally executed counterpart to this Agreement or any Amendment.

32. Effective Date

This MOU shall be effective as of the last date in which the document is executed by both Parties. 33. Entire MOU

This MOU, including the attached Exhibits A, B and C, represents and contains the entire agreement of the Parties with respect to the matters set forth herein. This MOU supersedes any and all prior negotiations, discussions and, if any, previous agreements between the Parties.

34. Authority The Sub-recipient warrants and certifies that it possesses the legal authority to execute this Agreement and to undertake administration of the proposed Project, and that a resolution, motion, or similar action has been fully adopted or passed, as an official act of the Sub-recipient's governing body, authorizing receipt of SCAG Grant Funds, and directing and designating the authorized representative(s) of the Sub-recipient to act in connection with the Project specified and to provide such additional information as may be required by SCAG.

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SIGNATURE PAGE TO

MEMORANDUM OF UNDERSTANDING NO. M-00x-21

IN WITNESS WHEREOF, the Parties have caused this MOU to be executed by their duly authorized representatives as of the dates indicated below: SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (“SCAG”) By: _______________________________________________ _________________

Cindy Giraldo Date Chief Financial Officer

APPROVED AS TO FORM: By: _______________________________________________ _________________

Haviva Shane Date Best, Best & Krieger

xxx (“xxx”) By: _______________________________________________ _________________

Name Date Title

APPROVED AS TO FORM: By: _______________________________________________ _________________

Name Date Title

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Exhibit A Scope of Work Approval Form

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Exhibit B Invoice Report Format

Email invoice to: Date: [email protected] Invoice #:Cindy Giraldo Invoice Period: Chief Financial OfficerSouthern California Association of Governments MOU #:900 Whilre Blvd., Ste 1700 OWP #:Los Angeles, CA 90017 Project Title:

Hourly Rate

Hours BudgetCurrent Invoice

PreviouslyInvoiced

YTDExpenditure

Balance

Tasks (labor only)Task 1 $0.00 $0.00 $0.00 $0.00Task 2 $0.00 $0.00 $0.00 $0.00Task 3 $0.00 $0.00 $0.00 $0.00Task 4 $0.00 $0.00 $0.00 $0.00Task 5 $0.00 $0.00 $0.00 $0.00Task 6 $0.00 $0.00 $0.00 $0.00Task 7 $0.00 $0.00 $0.00 $0.00

Subtotal - Tasks - $0.00 $0.00 $0.00 $0.00 $0.00

Overhead & Fringe (if applicable)Overhead 0.00% $0.00 $0.00 $0.00 $0.00Fringe 0.00% $0.00 $0.00 $0.00 $0.00

Subtotal - Overhead & Fringe: $0.00 $0.00 $0.00 $0.00 $0.00

Fixed Fee (if applicable)Fixed Fee 0.00% $0.00 $0.00 $0.00 $0.00

Subtotal - Fixed Fee: $0.00 $0.00 $0.00 $0.00 $0.00

Other Direct Costs ( ODCs)Travel $0.00 $0.00 $0.00 $0.00Printing - Directly Chargeable only $0.00 $0.00 $0.00 $0.00Other $0.00 $0.00 $0.00 $0.00

Subtotal - ODCs: $0.00 $0.00 $0.00 $0.00 $0.00

Consultant/SubconsultantConsultant 1 $0.00 $0.00 $0.00 $0.00Consultant 2 $0.00 $0.00 $0.00 $0.00Consultant 3 $0.00 $0.00 $0.00 $0.00Consultant 4 $0.00 $0.00 $0.00 $0.00

Subtotal - Consultant/Subconsultant: $0.00 $0.00 $0.00 $0.00 $0.00

GRAND TOTAL $0.00 $0.00 $0.00 $0.00 $0.00

Please send check to: CITY OF TBDAddressCity/Sate/ZIP

Cost Categories

legally bind the OrganizationFull Name of An Official who is authorized to Date

Use Agency Letterhead

INVOICE

Signature of an Authorized Official Title

By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the award. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise.

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Exhibit C Report Template

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VI. CONSENT CALENDARITEM W

Letter to Los Angeles County Supervisors Requesting Sharing of Federal COVID-19 Relief Funding

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Board of Directors Meeting Agenda of January 6, 2021

Draft

December 22, 2020

Dear Supervisor ______________:

The Gateway Cities Council of Governments (GCCOG) appreciates your continuing support for our actions to better the lives of our residents and businesses within Southeast Los Angeles County.

As you know, Congress has recently passed the “Coronavirus Response and Relief Supplemental Appropriations Act, 2021.” The Act provides over $900 million of COVID-19 related program funding.

We anticipate that funds for many of the programs authorized in this legislation will be disseminated to Los Angeles County from the State. A large percentage of the GCCOG’s 2.1 million residents and 76,000 businesses are financially struggling from the economic impacts of the COVID-19 pandemic. Therefore, the COVID-19 relief funds approved by Congress are of immense importance to the GCCOG’s regional economic recovery efforts.

If the pattern is followed from the previous” Coronavirus Aid, Relief, and Economic Security (CARES) Act,” the City of Los Angeles, because of its large size, will receive direct funding from the State. However, the remainder of the cities in Los Angeles County will not receive direct funding. Since the Gateway Cities represents 33% of the balance of Los Angeles County’s population, it is our expectation that the County will focus a large share of the bill’s relief funding in our region.

In particular, it is essential that the Paycheck Protection Program, which provides forgivable loans to qualified companies, be made available to all of our GCCOG businesses. Likewise, the first ever federal rental assistance program must be fairly distributed to as many Gateway Cities families as possible.

The communities of the GCCOG will continue to work with the County of Los Angeles on fighting the economic impacts of this terrible pandemic. We are hopeful that the new incoming Biden-Harris administration will work with Congress to provide additional COVID-19 related funding, including direct financial support to state and local governments.

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Please do not hesitate to contact our Executive Director, Nancy Pfeffer, if the GCCOG can be of assistance to the County in making the Congressionally approved COVID-19 funded programs a success benefiting all impacted communities.

Sincerely,

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VI. CONSENT CALENDARITEM X

Gateway Cities Council of Governments Committee on Homelessness Structure and

Vacancies

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Board of Directors Meeting Agenda of January 6, 2021

TO: Board of Directors

FROM: COG Officers Nancy Pfeffer, Executive Director

BY: Gilbert Saldate, Homelessness Program Manager

SUBJECT: Gateway Cities Council of Governments Committee on Homelessness Structure and Vacancies

Background

Gateway Cities Council of Governments will work regionally to support Gateway Cities in their goal to end homelessness.

On October 7, 2009 the Gateway Cities Council of Governments Board of Directors adopted a Homeless Organizational Structure for Homelessness and Implementation. Within this structure the Committee on Homelessness was created and adopted.

This Committee is comprised of 7 members: Four GCCOG Board Members, one per Local Coordinating Alliance (LCA), one Board Member representing the County Board of Supervisors, one Board Member from the City of Long Beach and one City Manager from the City Manager’s Steering Committee.

Issue

As of November 2020 (as of election) the Committee on Homelessness is comprised of:

• LCA 1 – no representative• LCA 2 – no representative (Committee Chair Jack Hadjinian of Montebello was not

re-elected to office)• LCA 3 – three representatives (Marisela Santana of Lynwood, Ray Dunton of

Bellflower, Emma Sharif of Compton)• LCA 4 – no representative• City of Long Beach – Al Austin (not a COG Board Member)• County BOS – representative of Sup. Hilda Solis’s office• City Manager (Thaddeus McCormack, Lakewood, Chair of City Manager Steering

Committee).

The goal of the original structure appears to have been equal representation for each of the groups of cities in the four LCAs. The members of the LCA’s are as follows:

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Board of Directors Meeting Agenda of January 6, 2021

Local Coordinating Alliance 1

LCA 1. Cities

• Bell• Bell Gardens• Commerce• Cudahy• Huntington Park• Maywood• South Gate• Vernon• County Unincorporated

Local Coordinating Alliance 2

LCA 2. Cities

• La Mirada• Montebello• Pico Rivera• Santa Fe Springs• Whittier• City of Industry• County Unincorporated

Local Coordinating Alliance 3

LCA 3. Cities

• Artesia• Bellflower• Cerritos• Compton• Downey• Norwalk• Paramount

Local Coordinating Alliance 4

LCA 4. Cities

• Hawaiian Gardens• Lakewood• Signal Hill

Staff evaluated several possible ways to address this situation and presented two options to the Officers:

Option 1. Disband all members and reappoint from scratch.

Option 2. Appoint three current vacant seats for a total of 9 members (9 members temporary for one year), implement one-year term limits and reappoint at term’s end, to match the original structure (7 members). One-year term is suggested because this is the precedent set by the terms of COG Transportation Committee members.

After discussion, the COG Officers recommend choosing Option 2. This is because this option treats all seats fairly, it fulfills the original intent of all LCAs (Local Coordinating Alliances) being represented, and implementing the one-year term limits allows other city elected officials the opportunity to get appointed by COG Board President and sit on the committee.

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Following these one-year terms, the Board President can call for elected officials from the board to fill the 4 LCAs, one member per LCA, and a Board member from Long Beach, bringing the Committee on Homelessness to 7 members.

Recommendation

The COG Officers recommend that the Board

• Temporarily expand the Committee on Homelessness to nine members• Seek nominations to fill the vacant seats for LCA 1, LCA 2, and LCA 4; and• Adopt a one-year term limit for all elected officials sitting on the Committee on

Homelessness starting January 2021 and ending December 31, 2021.

Attachments

• COG’s 2009 Homelessness Program Staff Report.

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VII. REPORTSITEM B

South Coast AQMD Zero Emission Truck Fleet Demonstration Proposal and

Support Letter

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Zero Emission Truck Fleet Demonstration Proposal

South Coast AQMD and Regional Zero & Near Zero Emission Truck Collaborative

1

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Proposal Overview

2

NFI Schneider

Duty Cycle Drayage Drayage & Regional Haul

Number of Trucks 50 50

Number of Chargers

35 20

Truck DeploymentTimeline

Q4 2022 –Q2 2023

Q2 2022 –Q2 2023

Fleet Locat ion Ontario El Monte

OEM Partners* Volvo & Daimler

Daimler

NFI, Schneider, Daimler and Volvo are partnering with South Coast AQMD for the CARB/CEC Zero-Emission Drayage Truck and Infrastructure Pilot Solicitat ion to deploy 100 commercial Class 8 bat tery electric t rucks and infrastructure

● 50 trucks at each fleet (Ontario & El Monte)● Fleets heavily ut ilize I-710 freight corridor and

operate and are based in disadvantaged communit ies● Drayage & regional haul applicat ions● Fleets leverage past & on-going demonstrat ions● ZEV workforce plan & training courses● Community outreach● Data collect ion and analysis *Volvo and Daimler Class 8 battery electric trucks are CARB and EPA certified

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3

CEC/CARB project goals● Advance Class 8 zero emission t ruck technology● Assess feasibility of 50 t rucks each at two fleet locat ions● Support economies of scale for OEMs● Achieve criteria and GHG emission reduct ions● Assist in compliance of Advanced Clean Trucks and

Fleet regulat ions● Address concerns of residents in disadvantaged

communit ies

South Coast AQMD and partner project goals● Provide NOx reduct ions towards at tainment of ozone

standards● Transit ion towards zero emission technologies at Ports

and fleets

Project Goals & Benefits

Project Benefits NFI Schneider

NOx Reductions (tpy)*

28.11 40.92

PM Reductions (tpy)*

0.11 0.08

CO2 reduct ions (tpy)*

3,797.14 8,839.13

JobsCreated/Retained

80 105

Addit ional Benefit 1 MW Solar

*Preliminary emission reduction estimates vary due to current fleet truck age and VMT

Estimated Project Cost

4

NFI Schneider Subtotal

HDBEV Class 8 Trucks $25,712,000 $25,712,000 $51,424,000

Infrastructure (Chargers, Solar, Storage and Network)

$16,060,000 $8,587,000 $24,647,000

Data Collect ion $1,875,000

ZEV Workforce Plan/Training $400,000

Community Outreach $550,000

Administrat ion $1,875,000

Project Total $80,771,000

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Proposed Project Funding

5

Amount Percent

CARB $15,075,000 18%

CEC $13,073,500 16%

NFI $10,386,000 13%

Schneider $11,361,500 14%

SCE $9,000,000 11%

POLA* $1,500,000 2%

POLB* $1,500,000 2%

South Coast AQMD* $8,000,000 10%

Metro* $2,875,000 4%

MSRC*(Requested) $8,000,000 10%

Project Total $80,771,000 100%* Funding commitment pending Board approval

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Other Project Partners

● GNA: assist South Coast AQMD on outreach,support and coordination

● EPRI: charger utilization, utility coordination● Ricardo: data collection on trucks, fleet analysis● LACI: workforce development● CCA: conduct outreach to DACs● Rio Hondo and San Bernardino Valley College:

ZEV education and training partners● CALSTART: data collection infrastructure, grid

impact analysis

6

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December 18, 2020 Kevyn Piper California Energy Commission 1516 Ninth Street, MS-18 Sacramento, CA 95814

Dear Mr. Piper:

CEC GFO-20-606 Zero-Emission Drayage Truck and Infrastructure Pilot Project

The Gateway Cities COG is pleased to offer its support for South Coast AQMD’s proposal on the Zero-Emission Drayage Truck and Infrastructure Pilot Project. As part of a regional collaborative including the Mobile Source Air Pollution Reduction Review Committee, LA Metro, San Pedro Bay Ports, and Southern California Edison, South Coast AQMD proposes to deploy 100 Daimler and Volvo commercial Class 8 battery electric trucks for drayage and regional short haul applications in the South Coast Air Basin. Fifty trucks each will be deployed at fleets NFI Industries and Schneider National in disadvantaged communities in El Monte and Ontario.

The South Coast Air Basin is classified as an “extreme” nonattainment area for ozone under the federal Clean Air Act. A wide-scale deployment of zero emission trucks, infrastructure, solar, and microgrid, will provide a case study for large scale truck deployments at two sites and be a critical step toward achieving air quality standards with considerable public health benefits for our region.

The benefits will be even greater for disadvantaged communities that are disproportionately exposed to harmful emissions. The Gateway Cities are home to many such communities. We are pleased to see that the trucks in this project will be deployed on the 710 Freeway, and we look forward to learning about the benefits, alongside AQMD and the other project partners.

The Gateway Cities COG strongly urges your favorable consideration for the South Coast AQMD proposal. If you have any questions about our support, please do not hesitate to contact me.

Sincerely,

Maria Davila, President Gateway Cities Council of Governments

cc: GCCOG Board of Directors

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VII. REPORTSITEM C-1

COG Comment Letter on the MTA COVID Recovery Task Force – Karen Heit,

Transportation Analyst

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Board of Directors Meeting Agenda of January 6, 2021

TO: Board of Directors

FROM: Nancy Pfeffer – Executive Director by Karen Heit, Transportation Analyst

SUBJECT: Comments on MTA COVID Recovery Task Force - Draft Final Recommendations

Background The Metro Board directed the Office of Extraordinary Innovation (OEI) to prepare a COVID Recovery Plan. The Plan has been rolled out in two phases; Part 1, mostly immediate and near-term activities and Part 2, longer-term Draft Final Recommendations. The GCCOG sent in a comment letter on Part 1 (Attachment “B”) and staff has prepared a set of comments for the Draft Final Recommendations.

Issue The Recovery Plan outlines the set of challenges that are facing Los Angeles County; COVID 19 not being under control, continuance of racial and economic inequities, record unemployment, loss of sales tax revenue and resultant negative impacts on regional and local budgets, increased traffic, and increased vehicle ownership.

The Plan makes a positive correlation between an increase in auto ownership and reduction in transit usage. Transit usage was on the decline before the emergence of the pandemic, therefore there must be more analysis done before a causal relationship between a decline in transit usage and an increase in auto ownership is assumed. An obvious question to be explored is the impact of record low interest rates that may be the determinant in increased auto ownership. Low interest rates and concern about health risks with transit usage may be the cause of increased traffic and higher auto ownership. An additional element that may be contributing to this phenomenon is the potential for a “new normal” where employees continue to work remotely, reducing work related trips.

In addition to the content of the Plan, the COG staff would also like to better understand the process for adoption and eventual implementation of the recommendations. The Plan is wide-ranging, and its recommendations have the potential to affect each other and ongoing Metro priorities, projects, and programs. This includes those in the Gateway Cities such as transit and highway projects and local return funding.

Attachment “A” includes a draft comment letter response to the Recovery Plan Task Force Draft Final Recommendations.

Recommended Action

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It is recommended that the Transportation Committee review the policy, discuss and make a recommendation to the COG Board.

Attachment: “A” Draft Response Letter “B” Part I Recovery Plan Response Letter “C” Recovery Task Force Final Recommendations

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“ATTACHMENT A”

Phil Washington, CEO

LACMTA One Gateway Plaza Los Angeles, CA 90012 Attn: Dr. Joshua Schank

Dear Mr. Washington:

Re: Gateway Cities Council of Governments Comments on Metro’s Recovery Task Force, Draft Final Recommendations

The Gateway Cities Council of Governments would like to take the opportunity to comment on Metro’s Recovery Task Force – Draft Final Recommendations.

This Recovery Plan outlines the set of challenges that are facing Los Angeles County; COVID 19 not being under control, continuance of racial and economic inequities, record unemployment, loss of sales tax revenue and resultant negative impacts on regional and local budgets, increased traffic and increased vehicle ownership.

Some of the Plan’s elements include project proposals that may be part of other Metro initiatives such as the NextGen study or Congestion Reduction Program. Several of the initiatives, such as acceleration of complete streets projects and provision of new housing around station areas, require close cooperation with local jurisdictions that have land use and local streets control. Language strengthening this important partnership should be included in the plan.

In addition to the content of the Plan discussed in the comments below, we would also like to better understand the process for adoption and eventual implementation of the recommendations. The Plan is wide-ranging, and as pointed out, its recommendations relate to each other and to ongoing Metro priorities, projects, and programs – including those of concern in the Gateway Cities, such as transit and highway projects and local return funding.

The following comments address individual elements of the Draft Final Recommendations:

Recovery Plan Recommendation

Issue/Concern/Questions

New and Improved Services Address increased auto-ownership

The Plan asserts that there is an increase in auto ownership that is related to a decline in transit usage. As

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transit usage was declining pre-pandemic, factors such as historically low interest rates may be fueling increased auto ownership.

Run express buses on improved HOV and express lanes.

This goal suggests that are opportunities to apply express bus service to improved HOV and express lanes. It would seem that the universe of productive HOV and express lane bus service would have been identified in the NextGen study. The congestion reduction program is in the process of identifying additional express and HOV lanes and should have suggestions for additional corridors. Physical improvements to actual express or HOV lanes are a very long term process and should be identified that way. Another concern is how express bus investments, such as station infrastructure, would be funded and financed.

Accelerate networks of complete streets

This is a very positive recommendation. The COG has developed a masterplan for complete streets and has identified 25 top corridors for implementation. Multi-agency planning and coordination activities are ongoing and the COG looks forward to integrating the COG’s work into a Countywide plan. Hopefully Metro’s effort will result in the availability of funding to implement these plans.

Fully integrate transit in the LA region

Fare-less structure needs to be evaluated in concert with the countywide transit formula, system integration, and express lanes/traffic reduction plans.

Offer incentives to reduce car ownership

The incentives outlined in this recommendation would be more effective if there is a nexus established between decline in transit ridership and increased auto ownership, considering the effects of the pandemic as well as historically low loan interest rates. As part of this recommendation, please also consider car sharing as an alternative, and integrate the findings from the “Metro Micro” micromobility pilot program.

Improve station amenities Encouraging development of retail and other amenities is a positive step as long as improving existing stations does not compete with scarce transit funds needed for new projects. This is an opportunity to engage the private sector hoping to benefit from foot traffic. The impact of on-line retailing must be a consideration.

Responsive Metro Improve public engagement and strengthen rider voices

Partnering with local and subregional agencies can strengthen public engagement. The level of effort involved with NextGen is a great example of what worked.

Gather more data on equity and travel patterns

Greater data is always desirable and sharing of data valuable, providing the data, particularly rider data, is kept secure.

Be more transparent Expanded sharing of data is very desirable as long as

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there is data security practiced with riders or other users. An example that would benefit the Gateway Cities would be early and regular sharing with the COG of de-identified data on performance of the Metro Micro service in our region.

Vibrant Future Accelerate joint development and transit-oriented communities (TOC)

There needs to be language about partnering with local agencies that have land use control responsibility. Metro can assist with the development of TOC plans that assist communities in planning commercial and housing opportunities.

Expand region’s broadband infrastructure

With the potential for more workers remaining at home – the expansion of broadband is critical infrastructure that will effectively eliminate trips by auto, transit and other modes. MTA could expand the installation of fiber-optics during the construction of rail lines through partnerships with private entities. Suggest adding language to actively seek out and encourage these partnerships. In general, the COG would appreciate more detail on how Metro might implement this recommendation, in partnership with local agencies.

Create green jobs and green infrastructure

Partnering with local agencies is critical to accomplishing this goal especially with the water run-off. As Metro builds rail and bus infrastructure coordination of run-off treatment plans and activities with cities is critical.

Reimagine Destination Discounts

When the County reopens this is a needed activity and should be coordinated with local jurisdictions to maximize participation. Local fairs, running events, farmer’s markets are good points of contact.

Save Money Study reducing capital construction costs

This activity should already be occurring with the construction of MTA transit and bus facilities.

Build staff capacity This activity is or should be an ongoing MTA activity to balance the use of consultants with hiring of staff.

Use Measures M & R ordinances

The sales tax ordinances are fairly prescriptive about the use of funds. Any changes or suggested changes to the use of local return funds should be guided by the recipient cities, many of whom are contemplating the use of those funds for their 3% rail construction match.

New Revenue Expand commercial and lease revenue

Over the years Metro has sought to increase lease and advertising revenues with a mixed degree of success. This revenue source is largely market driven and local jurisdictions have control over the placement of digital billboards.

Identify funding for incentives This recommendation invites creativity for funding including

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to reduce car ownership the imposition of fees.

If there are any questions, please give Nancy Pfeffer, GCCOG Executive Director a call at 562 663 6850.

Sincerely,

Maria Davila, President Gateway Cities Council of Governments

cc: GCCOG Board of Directors

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"ATTACHMENT B"

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Metro

Board Report

Los Angeles CountyMetropolitan Transportation

AuthorityOne Gateway Plaza

3rd Floor Board RoomLos Angeles, CA

File #: 2020-0739, File Type: Oral Report / Presentation Agenda Number: 39.

EXECUTIVE MANAGEMENT COMMITTEENOVEMBER 19, 2020

SUBJECT: RECOVERY TASK FORCE DRAFT FINAL RECOMMENDATIONS

ACTION: ORAL REPORT

RECOMMENDATION

RECEIVE oral report on Recovery Task Force Draft Final Recommendations.

ATTACHMENTS

Attachment A - Presentation

Prepared by: Emma Huang, Principal Transportation Planner, Office of Extraordinary Innovation,(213) 922-5445

Reviewed by: Joshua Schank, Chief Innovation Officer, Office of Extraordinary Innovation, (213) 922-5533

Metro Printed on 11/19/2020Page 1 of 1

powered by Legistar™

"ATTACHMENT C"

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November 2020

Draft Final Recommendations

1Page 163

> COVID-19 still not under control

> Significant racial and economic disparities persist

> Unemployment in LA County is 4x higher than in 2019

> Countywide spending is currently down by 13% from 2019

> Metro’s FY21 budget is 16% lower than FY20;capital budget is 1/3 lower

> Vehicle traffic is returning faster than transit ridership

> Vehicle purchases are rising

The challenges we are facing

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Now is the time to act

> Metro has been responsive in adjusting to the pandemic and ourfinancial situation is better than many transportation agencies

> If transit ridership stays low, car ownership rises and capital transitprojects are slowed, congestion will return with greater force

> Transportation in LA County was already highly inequitable priorto the pandemic and these inequities are being exacerbated

> The Recovery Task Force developed recommendations to help Metroand LA County combat these negative outcomes and to emergewith better mobility and more equity than we had prior to this crisis

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Task Force Goals

> Respond to the pandemic

> Recover after the pandemic

> Lead an equitable economic recovery for LA County

> Advance mobility without congestion as the ‘new normal’after the pandemic

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The task force identified 20 timely early action itemsto help Metro respond and prepare for recovery.

These additional 17 recommendations build upon existinginitiatives and are meant to:

1. Improve mobility and advance equity in LA County2. Help pay for these improvements

5Page 133Page 167

6Page 168

New and Improved Services

> Run express buses on improved HOV & express lanes

> Accelerate networks of complete streets

> Fully integrate transit in the LA region

> Offer incentives to reduce car ownership

> Improve station amenities

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New and Improved Services

Run express buses on improved HOV & express lanes

Benefits: New express bus routes, faster HOV lanes, more express lanes.

Draft Recommendation: Work with Caltrans to review minimumoccupancy requirements on select HOV lanes and run express buses onthese lanes; explore ways to rapidly implement more express lanes.

Implementation:• Metro Highways and Congestion Reduction team will work with Caltrans to identify potential

pilot corridor(s) and strategies• Operations will consider point-to-point express bus options for pilot corridor(s)• Government Relations will work with Highways and Congestion Reduction on any legislation

needed to change HOV requirements or allow express lane pilots

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New and Improved Services

Accelerate networks of complete streets

Benefits: Faster buses, safer and more comfortable bus stops,more pedestrian space/priority, protected bike lanes.

Draft Recommendation: More partnerships to improve streets, such asexpanding LA Metro Speed and Reliability Working Group to othercities; collaborating on master plan of LA County arterials; and exploringinnovative ways to plan and implement complete streets projects.

Implementation:• Better Bus Working group for bus prioritization partnerships and expanding bus stop amenities• Planning Dept to layer existing and new plans to show areas where complete street

improvements should be prioritized• Planning, Program Management and OEI to explore innovative planning and project delivery

collaborations

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New and Improved Services

Fully integrate transit in the LA region

Benefits: Easy transfers and trip planning, one map and one pass forall transit providers in region.

Draft Recommendation: Build upon coordination with partner transitagencies to give riders more service, convenient transfers, one fare(or fareless) structure.

Implementation:• Convene general managers of regional transportation agencies and interdepartmental

Metro group, including Operations, Planning, Congestion Reductions (RIITS, LA SAFE)to lead planning of integration

• Conduct scan of current practices, plan for regularization followed by seamlessintegration

• Coordinate with Fareless System Initiative Task Force and TAP

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New and Improved Services

Offer incentives to reduce car ownership

Benefits: Support for residents who want to stay/become car-free orcar-light; avoid post-COVID surge in car ownership, congestion andair pollution.

Draft Recommendation: Provide incentives like free transit passes,mobility wallets and vouchers for bikes or e-bikes to car-free or car-light households.

Implementation:• OEI and Planning to analyze and identify package of incentives, learning from travel-

rewards pilot and surveys.• Develop final proposal

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New and Improved Services

Improve station amenities

Benefits: Better customer experience and higher ridership.

Draft Recommendation: Test more amenities and partnerships ata Metro station, including more retail, bathrooms at the surfacelevel, technology that helps customers easily use the system;expand those that work to other stations.

Implementation:• Planning, OEI, Operations, Test Station Working Group, OCEO (Customer

Experience), Communications (Art & Design) and Station Evaluation ProgramTeam to identify and test potential amenities using surveys, RFIs, pilots andcustomer feedback

• Planning and Operations to implement amenities more broadly based on teststation pilots

• Better Bus working group to lead tests of and encourage implementation of busstop amenities

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> Improve public engagement and strengthen ridervoices

> Gather more data on equity and travel patterns

> Be more transparent

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Responsive Metro

Improve public engagement and strengthen rider voices

Benefits: Prioritize the insights and needs of our riders and historicallymarginalized people, which will help improve service and project design.

Draft Recommendation: Foster public engagement with those most impactedby our decisions, covering all major products, services and policies; increasecustomer research

Implementation:• Led by Community Relations, with Public Relations, Marketing, Government Relations,

and Customer Care units, Office of Civil Rights & Inclusion and OCEO (CustomerExperience and Equity and Race)

• Tasks include using metrics to ensure that we are reaching the most impactedstakeholders; strengthening the role of the CAC and rider voices; documenting outreachand feedback on Board reports; overhaul agency website UX/UI; and building upon theMetro Art program by employing creative arts and cultural strategies.

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Responsive Metro

Gather more data on equity and travel patterns

Benefits: Use data on demographics and travel patterns to target services andinvestments to advance equity and improve service.

Draft Recommendation: Increase the collection, management and publicationof data based on race and gender, income, limited English proficiency, andability across Metro's programs and services; purchase travel pattern data incollaboration with RIITS to help with service planning and to baseline and trackprogress towards Vision 2028 goals.

Implementation:• OCEO (Equity and Race), ITS and OCR will identify current demographic data collected by

Metro and plans and standards to gather more.• Congestion Reduction will purchase travel data through RIITS, with demographic data

where possible, and make it available to Metro and partner agencies• OCEO and ITS will develop dashboard and analytic tools

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Responsive Metro

Be more transparent

Benefits: Build public trust and internal planning and operations bymaking more Metro information and data more open and accessible.

Draft Recommendation: Make Metro data and information more openand accessible by developing and implementing an Agency DataGovernance policy; using a digital asset management system toorganize data; and publishing datasets to a central repository using astandardized, machine-readable format.

Implementation:• ITS, Records Management Center and Board Relations, Policy & Research will

work with departments to inventory existing data and current projects; andpilot and adopt new systems to improve information management and enablea clean central data repository and public open-data platform.

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> Accelerate joint development and transit-orientedcommunities

> Expand region's broadband infrastructure

> Create green jobs and green infrastructure

> Reimagine Destination Discounts

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Vibrant Future

Accelerate joint development and transit-oriented communities

Benefits: Let more people live, work and shop near transit; expandaffordable housing.

Draft Recommendation: Adopt updated Joint Development policy tostreamline the equitable delivery of new housing around transit and settargets for more joint development; partner to increase transitsupportive plans, policies and programs.

Implementation:• JD Policy updates led by Planning with OCEO (Equity and Race) and OEI• TOC Implementation led by Planning with Communications, Government Relations, OEI, OCEO

(Equity and Race) and Program Management

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Vibrant Future

Expand region’s broadband infrastructure

Benefits: Expanding broadband infrastructure can strengthen LA County and reducedisparities by helping with telework, remote education and e-commerce. Metrooperations and customer-facing services can also benefit from better high-speedinternet.

Draft Recommendation: Explore benefits, costs and methods of partnering in high-speed internet infrastructure in LA County.

Implementation:• Operations, ITS, Congestion Reduction, Facilities Maintenance, Planning (Real Estate),

and OEI to investigate feasibility• Pending feasibility, draft RFP to potential carriers for partnerships to utilize Metro

assets to expand digital network• Report back to OCEO and Board on proposals received

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Vibrant Future

Create green jobs and green infrastructure

Benefits: More jobs, less pollution, more reliable energy and watersupplies.

Draft Recommendation: Create green jobs by partnering with utilitiesand other local agencies on sustainable energy and water infrastructureprojects.

Implementation:• Environmental Compliance & Sustainability Department (ECSD) will explore projects

and partnerships with input from Program Management, Planning, Operationsand OEI

• ECSD will lead data management around emissions reductions• Operations will lead links to Zero Emissions bus program

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Vibrant Future

Reimagine Destination Discounts

Benefits: Helps rebuild ridership and keeps areas and destinations around

Metro stops and stations vibrant and healthy after being impacted by COVID-19economic conditions.

Draft Recommendation: Promote taking Metro to culturally diverse events,

venues, and shopping easily accessible by Metro

Implementation:• Communications (Public Relations) to lead plan to relaunch and expand

program after LA County reopens• Work with OCEO (Equity and Race) to explore alternative tactics to attract

local, small and minority-owned partner destinations; with County Counselon rules for promoting and listing destinations; and Customer Insight &Strategy team on focus groups/surveys to test new program features.

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22Page 184

> Study reducing capital construction costs

> Build staff capacity

> Use Measure R + M ordinances

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Save Money

Study reducing capital construction costs

Benefits: New transit lines potentially built quicker, more jobs,increased accessibility and service to more customers, and achievementof greater connectivity.

Draft Recommendation: Further develop and implement cost savingsand cost reduction measures currently underway and identify andimplement new cost reduction strategies which will, at a minimum,enhance transit expansion without harming customer experience andsafety.

Implementation:• Perform an internal Capital Cost Reduction Strategy Study led by Program Management incollaboration with Planning, OEI, V/CM and other departments as needed.• Study will develop recommendations for presentation to SLT, CEO and the Board of Directors.

24Page 186

Save Money

Build staff capacity

Benefits: Expanded internal staff capacity can bring improvementsto services and programs.

Draft Recommendation: Pursue savings by utilizing existing staff toperform core agency functions and build expertise where needed,while maintaining use of consultants for specialized tasks, surges inwork or when there is specific benefit.

Implementation:*• Departments will analyze their staffing and use of consultants to achieve best outcomes and

seek savings• Departments will be supported by HC&D (skill development and hiring), OMB (funding),

and V/CM (procuring consultants) as necessary.*have not identified lead dept

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Save Money

Use Measures M + R ordinances

Benefits: Help fund critical mobility improvements to respond topandemic .

Draft Recommendation: Consider the potential benefits of amendments*allowed under funding ordinances:• Use of subfunds, building upon work of Highway Reform working group• Local return guidelines to enable jurisdictions to more rapidly respond to pandemic with

mobility improvements.

* Note that some amendments are prohibited by the Measures:• No transfer of funds between subregions• No transfer of funds between subfunds• No project acceleration that would negatively impact other projects

Implementation:• OCEO to lead consideration of potential amendments with Planning, Operations,

OEI, OMB and Program Management departments and input from subregions andboard offices.

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> Expand commercial and lease revenue

> Identify incentives to reduce car ownership

27Page 189

New Revenue

Expand commercial and lease revenue

Benefits: funding for more service; customer experience improvementslike bus stop amenities; and community investments like affordablehousing and safe streets.

Draft Recommendation: Expand transit advertising, digital billboards,sponsorships and retail; Explore leasing more property for jointdevelopment, energy generation and wireless.

Implementation:• Led by Communications and Planning departments in collaboration with other relevant

departments• Update Metro's asset inventory; research/baseline potential revenue sources; issue RFIs

to determine market support for revenue strategies; and plan and implement promisingstrategies

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New Revenue

Identify funding for incentives to reduce car ownership

Benefits: Fund fast, frequent buses and incentives for less carownership to avoid post-COVID surge in car ownership, congestionand air pollution.

Draft Recommendation: Explore revenue sources, including federaland state funding and/or fees with low-income exemption, to fundtransit and incentives to car-free/car-light households.

Implementation:• Led by OEI in partnership with Government Relations, with assistance from

Planning• Research potential revenue sources and develop recommendations

29Page 191

We welcome questions about our work, reactions to our initialrecommendations and your ideas for how Metro can recover.

metro.net/recovery

[email protected]

30Page 158Page 192

VII. REPORTSITEM C-2

COG Comment Letter on the MTA Subregional Equity Program White Paper – Karen Heit, Transportation

Analyst

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Board of Directors Meeting Agenda of January 6, 2021

TO: Board of Directors

FROM: Nancy Pfeffer, Executive Director

BY: Karen Heit, Transportation Analyst

SUBJECT: Draft Comments on the MTA Subregional Equity Program White Paper

Background At the June 2016 Metro Board Meeting, Director John Fasana introduced an amendment to the expenditure plan to provide funding to all subregions equivalent to the allocation approved by the Board for the San Fernando Valley Transit project. The San Fernando Valley project was identified as $180 million (FY15$).

“FASANA AMENDMENT to Motion 49.2 (June 23, 2016): To provide equivalent funding based on the original allocation of funding (i.e., $180 million is 13% of such funding based on the San Fernando Valley’s share) to each of the other subregions to assure and maintain equitable funding (i.e., Subregional Equity Program).”

The funding for programs in other sub‐regions outside of San Fernando Valley are now collectively referred to as the Subregional Equity Program. Footnote “s” from the Measure M Ordinance provides guidance as identified below:

“This project will increase system connectivity in the North San Fernando Valley and the Metro Transit System. Environmental plan work shall begin no later than six months after passage of Measure M. To provide equivalent funding to each subregion other than the San Fernando Valley, the subregional equity program will be provided as early as possible to the following subregions in the amounts (in thousands) specified here: AV (Arroyo-Verdugo) $96,000; W (Westside) $160,000; CC (Central City) $235,000; NC (North County) $115,000; LVM (Las Virgenes/Malibu) $17,000; GC (Gateway Cities) $244,000; SG (San Gabriel Valley) $199,000; and SB (South Bay) $130,000.”

Issue In November, Metro staff circulated the attached “White Paper” on MTA Subregional Equity Program (SEP). This White Paper will become the foundation for the actual Guidelines that will be presented to the Metro Board in March.

In the Long Range Transportation Plan (LRTP) financial forecast, SEP funding is not available until 2043. There have been a few exceptions to that rule; the Foothill Authority was allocated $199 million in SEP funds to help fund a bid for

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the Foothill Phase 2 construction and the South Bay Cities Council of Governments is considering using $133 million in SEP to finance the Centinela Grade Separation project for the Crenshaw/LAX Line. There is no discount for funding advancement with the SGV request for funding.

In 2019 the Gateway Cities COG requested $60 million in SEP funds over a period of five years to fund active transportation projects and other complete streets components from the GCCOG Strategic Transportation Plan (STP). There has not been a response to this request.

The attached letter provides comments on the MTA Subregional Equity Program White Paper that should be considered in the development of the guidelines.

Recommended Action Review, discuss and recommend forwarding this letter to the Board of Directors for approval.

Attachments:

• “A” Draft Comment Letter• “B” Subregional Equity Program (SEP) Guidelines White Paper

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Board of Directors Meeting Agenda of January 6, 2021

James L de la Loza, Chief Planning Officer Los Angeles County Metropolitan Transportation Authority One Gateway Plaza Los Angeles, CA 90012

Dear Mr. de la Loza,

Re: Comments on the MTA Subregional Equity Program White Paper

The Gateway Cities Board of Directors appreciates the opportunity to comment on the MTA Subregional Equity Program White Paper. We hope that the below comments and suggestions will be considered in the drafting of the actual SEP guidelines.

Proposal Comment The proposed process for allocating SEP funds to the subregions will be comparable to the process for other Multi-year Subregional Programs (MSP). Beginning in FY2043, staff will prepare five-year SEP funding estimates for the subregions, including inflation adjustments. The five-year estimate will be updated each October and reflect any funding capacity that Metro staff has identified and could allow the programming of SEP funds during the five-year period.

This plan is consistent with the programming of funds in 2043. There is no plan to currently program funds although exceptions have been made to fund project shortfalls.

Funding capacity could also occur from a reduction in Measure M funds programmed for a capital project resulting from a decrease in project cost, cancellation or defunding of a project, or provision of other local funds to supplant the Measure M, as identified and requested by a subregion.

A project cancellation or defunding is a remote possibility; however, it is extremely unlikely that any project will experience a decrease in project cost. In any case, this action represents a funding substitution that would be supplanting SEP funding with other Measure M funding, decreasing net funding allocated to the subregion. Unless this is meant to imply borrowing from project savings and repayment after SEP funding starts to flow in 2043, this is a net loss in revenues to the subregion.

The guidelines propose programming of SEP funding if recommended by Metro staff and in accordance with

While it is appropriate that MTA staff be allowed to recommend programming of SEP funds, there needs to be recognition of the

“ATTACHMENT A”

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Board-adopted notice and approval requirements, which include 120-day written notice to affected subregions prior to any recommendation and formal approval by the subregion. The Measure M guidelines require Subregional approval of subregional funding prior to staff making recommendations to the Metro Board. Metro has previously approved the programming of SEP allocations when Board policy required consideration of funding for a subregion and/or corridor to address a project cost increase.

programming intent expressed in the Fasana Letter of August 19, 2016. This letter states:

“Attachment A of the Plan Ordinance which addresses this language is included here – note the line item #68 title "Sub-regional Equity Program". It is important to clarify that because the assignment of funds is to the subregional level, each Council of Government (COG) will need to develop a process for assignment of these amounts among their constituent cities. I therefore urge you be part of the ensuing discussions with your COG once necessary guidance on implementing steps is provided - which is dependent on voter's approval of the ballot initiative in November”

This language clearly looks to the subregions for development of programming to the cities within the subregion.

The guidelines would also allow advancing the programming if requested by a subregion or other stakeholders and in compliance with existing Board policies, including the Measure M Early Project Delivery Strategy (EPD) from November 2017 and the MSP inter-program borrowing provisions in the Measure M Final Guidelines. The EPD requires scoring of proposals to accelerate funds based on factors including the amount of local match and the status of the project in its development process, so long as the acceleration does not negatively impact the funding of other Measure M projects and programs.

There should be an example identifying who these “other stakeholders” might be? Is this consistent with programming by the subregions?

Is consideration of the amount of local match for project acceleration consistent with other Metro policies?

Metro staff will evaluate the financial impact of any proposed SEP programming and consider the potential use of debt to finance the SEP

As current interest rates are low, will there be consideration for bonding some of the SEP request?

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that may reduce the immediate cash flow requirement. Metro will accept all proposals by subregions, provide recommendations, and submit the proposals and recommendations to the Metro Board for consideration, which could involve an amendment to the Measure M ordinance.

The subregions may also request SEP funding to deliver a project by borrowing, or exchanging, from another MSP that has programmed funding in earlier years, in accordance with the “Cashflow Management” section of the Measure M Final Guidelines. Metro staff will be available to provide technical assistance to the subregions in preparing any proposal to program SEP funds.

This language would allow for borrowing from other MSP Program balances. In the case of Gateway Cities this would enable borrowing from the I-605 Hot Spots Interchange Improvements program, which has unallocated funding available. The funds would be repaid to the I-605 program after 2043. Depending on the actual rules or conditions of this funding mechanism, this may be a viable option for Gateway Cities.

We appreciate the assistance provided by Craig Hoshijima in explaining the white paper to COG staff and look forward to participating in the development of the actual Guidelines.

If there are any questions, please give Nancy Pfeffer, GCCOG Executive Director a call at 562 663 6850.

Sincerely,

Maria Davila, President Gateway Cities Council of Governments

cc: GCCOG Board of Directors

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Revised November 13, 2020

Subregional Equity Program (SEP) Guidelines White Paper (November 2020)

Metro Board Motion 38.1 from May 2020 requests “Standard and explicit criteria for how and when a subregion’s SEP allocation may be accelerated to meet their needs”. Metro staff will propose newly created guidelines that identify how the funds can be programmed and the administration of the program.

BACKGROUND

FASANA AMENDMENT: To provide equivalent funding based on the original allocation of funding (i.e. $180 million is 13% of such funding based on the San Fernando Valley's share) to each of the other subregions to assure and maintain equitable funding.

On July 25, 2019 the Board approved the Motion by Fasana, Garcetti, Solis and Barger that the Board consistent with the June 2016 Board action that created the Subregional Equity Program, reaffirms that each subregion's Subregional Equity Program allocation as listed in the Measure M Expenditure Plan (line item 68, note s.) is listed in 2015 dollars, consistent with all other figures in the "Most Recent Cost Estimate" column of the Measure M Expenditure Plan. These allocations shall be escalated to year-of-expenditure in accordance with the escalation policies in the Measure M expenditure plan.

The Subregional Equity Program (SEP) is in the Measure M Expenditure Plan and is eligible for Measure M and other funding sources. The total spending available for the SEP is $1,196 million from FY 2018 to FY 2057. The SEP was added late to the Expenditure Plan after all other projects and programs were included and is currently programmed in the Long Range Transportation Plan (LRTP) financial forecast beginning FY 2043 using Measure M revenues. However, this is only one scenario of the potential funding sources and timing of investments within the SEP.

In two prior instances, SEP funds have been programmed for use prior to FY 2043 – for cost overruns on Foothill 2B in July 2019 and Crenshaw/LAX in May 2020. The existing Measure M Final Guidelines and Administrative Procedures do not specifically describe how or when the SEP funds can be programmed.

THE PROPOSAL The proposed process for allocating SEP funds to the subregions will be comparable to the process for other Multi-year Subregional Programs (MSP). Staff will prepare five-year SEP funding estimates for the subregions, including inflation adjustments, with the current estimated funding availability beginning in FY 2043. The five-year estimate will be updated each October and reflect any funding capacity that Metro staff has identified and could allow the programming of SEP funds during the five-year period. Funding capacity could also occur from a reduction in Measure M programmed for a capital project resulting from a decrease in project cost, cancellation or defunding of a project, or provision of other local funds to supplant the Measure M, as identified and requested by a subregion.

The guidelines propose programming of SEP funding if recommended by Metro staff and in accordance with Board-adopted notice and approval requirements, which include 120 day written notice to affected subregions prior to any recommendation and formal approval by the

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subregion. The Measure M guidelines require Subregional approval of subregional funding prior to staff making recommendations to the Metro Board. Metro has previously approved the programming of SEP allocations when Board policy required consideration of funding from a subregion and or corridor to address a project cost increase.

The guidelines would also allow advancing the programming if requested by a subregion or other stakeholder and in compliance with existing Board policies, including the Measure M Early Project Delivery Strategy (EPD) from November 2017 and the MSP inter-program borrowing provisions in the Measure M Final Guidelines. The EPD requires scoring of proposals to accelerate funds based on factors including the amount of local match and the status of the project in its development process, so long as the acceleration does not negatively impact the funding of other Measure M projects and programs. Metro staff will evaluate the financial impact of any proposed SEP programming and consider the potential use of debt to finance the SEP that may reduce the immediate cash flow requirement. Metro will accept all proposals by subregions, provide recommendations, and submit the proposals and recommendations to the Metro Board for consideration, which could involve an amendment to the Measure M ordinance. The subregions may also request SEP funding to deliver a project by borrowing, or exchanging, from another MSP that has programmed funding in earlier years, in accordance with the “Cashflow Management” section of the Measure M Final Guidelines. Metro staff will be available to provide technical assistance to the subregions in preparing any proposal to program SEP funds.

Upon adoption by the Metro Board, staff propose to incorporate the SEP guidelines into the Measure M Final Guidelines and post these for public dissemination. Metro staff will be available to accept and review any proposals to program funding in consideration of the provisions of the Ordinance and Board-adopted policies including the EPD.

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