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2009-09-02 Packet
CITY OF UKIAH CITY COUNCIL AGENDA Regular a CIVIC CENTER COUNCIL CHAMBER 1! Seminary Avenue . 95482 September11'' 41 • 1. ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS 4. PETITIONS AND COMMUNICATIONS 5. APPROVAL OF MINUTES a. Regular Minutes of July 1, 2009 b. Regular Minutes of July 15, 2009 C. Regular Minutes of August 19, 2009 d. Special Minutes of July 27, 2009 — amended 6. RIGHT TO APPEAL DECISION Persons who are dissatisfied with a decision of the City Council may have the right to a review of that decision by a court. The City has adopted Section 1094.6 of the California Code of Civil Procedure, which generally limits to ninety days (90) the time within which the decision of the City Boards and Agencies may be judicially challenged. 7. CONSENT CALENDAR The following items listed are considered routine and will be enacted by a single motion and roll call vote by the City Council. Items may be removed from the Consent Calendar upon request of a Councilmember or a citizen in which event the item will be considered at the completion of all other items on the agenda. The motion by the City Council on the Consent Calendar will approve and make findings in accordance with Administrative Staff and/or Planning Commission recommendations. a. Adoption Of Resolution Setting The Limitation On City Expenditures For Fiscal Year 2009- 2010 b. Receive Report Of The Expenditure Of $5,652 In Fees For Module 3 Manuals And Instructor Led Classroom For 2 Lineman Apprentices At Northwest Lineman College C. Adoption Of Ordinance Of The City Council Of The City Of Ukiah Amending Article 17 Of The Ukiah City Code, Pertaining To Grease Interceptors d. Report To The City Council Regarding Payment To Rouse Masonry In The Amount Of $5980 For Repairs To The Rock Wall At Todd Grove Park e. Update Reporting Regarding Status Of Water Emergency Conditions Necessitating Emergency Resolution To Expedite Construction Of Oka Manor Drive Water Well f. Update Report Regarding Status Of Water Emergency Conditions Necessitating Emergency Resolution To Expedite Construction Of Gobbi Street Water Well g. Update Report On Local Emergency Declaration Regarding Drought Status And Water Shortage Status 8. AUDIENCE COMMENTS ON NON -AGENDA ITEMS The City Council welcomes input from the audience. If there is a matter of business on the agenda that you are interested in, you may address the Council when this matter is considered. If you wish to speak on a matter that is not on this agenda, you may do so at this time. In order for everyone to be heard, please limit your comments to three (3) minutes per person and not more than ten (10) minutes per subject. The Brown Act regulations do not allow action to be taken on audience comments in which the subject is not listed on the agenda. 9. PUBLIC HEARINGS (6:15 PIVI) 10. UNFINISHED BUSINESS a. Approval Of Home Grant Downpayment Assistance Program Guidelines And Home Improvement Loan Program Guidelines b. Authorize The City Manager To Execute A Consultant Services Agreement With SHN Consulting Engineers To Provide Environmental Engineering Services For Te Orchard Avenue Bridge Project C. Authorize The City Manager To Execute A Consultant Services Agreement With SHN Consulting Engineers To Provide Resident Engineering Services For The Orchard Avenue Bridge Project d. Authorize The City Manger To Execute A Consultant Services Agreement With SHN Consulting Engineers To Provide Construction Inspection Services For The Orchard Avenue Bridge Project e. Adopt by Resolution the Water Fund Budgets for Fiscal Year 2009/2010 11. NEW BUSINESS 12. COUNCIL REPORTS 13. CITY MANAGER/CITY CLERK REPORTS 14. CLOSED SESSION — Closed Session may be held at any time during the meeting a. Conference With Labor Negotiator (§54956.8) Agency Representative: Jane Chambers, City Manager Employee Organizations: Department Head Unit, Management Unit, Miscellaneous Unit, Electric Unit, Police Unit, Fire Units b. Conference with Real Property Negotiators (§ 54956.8); Property: APN 002-281-15-00, 002-281-29-00, 002-281-02-00, 002-281-03-00, and 002- 281-04-00 Negotiator: Jane Chambers, Executive Director Negotiating Parties: Ukiah Redevelopment Agency, City of Ukiah, and Hardy Schmidbauer C. Conference with Legal Counsel — Anticipated Litigation Government Code Section 54956.9(b)(1) — Significant Exposure To Litigation (1 case) 15. ADJOURNMENT Please be advised that the City needs to be notified 72 hours in advance of a meeting if any specific accommodations or interpreter services are needed in order for you to attend. The City complies with ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon request. Materials related to an item on this Agenda submitted to the City Council after distribution of the agenda packet are available for public inspection at the front counter at the Ukiah Civic Center, 300 Seminary Avenue, Ukiah, CA 95482, during normal business hours, Monday through Friday, 7:30 am to 5:00 pm. I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the bulletin board at the main entrance of the City of Ukiah City Hall, located at 300 Seminary Avenue, Ukiah, California, not less than 72 hours prior to the meeting set forth on this agenda. Dated this 28th day of August, 2009. JoAnne Currie, City Clerk CITY OF COUNCILCITY Regular Meeting le ti ng CIVIC CENTER • 300 Seminary Avenue Ukiah, CA .; July 1, 00 6:00 . 1. ROLL CALL Ukiah City Council met at a Regular Meeting on July 1 legally noticed on June 26, 2009. Vice Mayor Thomas.. pm. Roll was taken with the following Councilmemb Vice Mayor Thomas. Councilmembers absent: R present: City Manager Chambers, Assistant=City Ma` Rapport, Economic Development Manager Moller, Engineer Eriksen, Deputy Director of Publid"Works - E Deputy Director of Public Works - Water and Sewer Did and Community Development Stump, Project ;44 Clerk Currie. 2. PLEDGE OF ALLEGIANCE 3. Q 5. 6. N Item 5a 2009,, the notice for which being ailed the meeting to order at 6:25 rs present: Landis, Crane, and din and Mayor Baldwin. Staff ager Sangiacomo, City Attorney Director of Public Works/City igineering and Streets- Seanor, sign - Burck Director of Planning nt Administrator Mills, and City PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS' a. Proclamation, Recognizing M""I'LeeMachs "6:24:36 PM Co u nci I member �Drane read and presented the proclamation and Mr. Wachs received' the proclamation. Reg ulafr: djourned Minutes of June 16, 2009 Regular Minutes of June 17 2009 M/S':�Grane/Landis to,;,-,approv,& the Regular Minutes of June 16, 2009 as amended and June,17,=2009 as submitted. Motion carried by all AYE voice vote. RIGHT TO APPEAL`DEC[SION 6:30:27 PM CONSENT CALENDAR M/S Crane/Landis to approve the Consent Calendar items 7a -7e: a. Notification of Sole Source Purchase of Radio Scanning System and Installation Services from Fisher Wireless in the Amount of $6,488.44 b. Award Purchase of Sodium Hydroxide to Univar USA, Inc. at the Unit Price of $535.00 per Dry Ton for a Total Approximate Amount of $21,400.00 C. Adopt the Dispatch Budget for City of Fort Bragg Contractual Dispatching Services and Approve a Budget Amendment for an Additional Revenue Increase of $293,517.61 and Expense of $293,517.61 d. Update Report Regarding Status of Water Emergency Conditions Necessitating Emergency Resolution to Expedite Construction of Gobbi Street Water Well CC 7/1/09 Page 1 of 4 e. Update Report Regarding Status of Water Emergency Conditions Necessitating Emergency Resolution to Expedite Construction of Oak Manor Drive Water Well Motion carried by the following roll call vote: AYES: Councilmembers Landis, Crane, and Vice Mayor Thomas. NOES: None. ABSENT: Councilmember Rodin and Mayor Baldwin. ABSTAIN: None. 8. AUDIENCE COMMENTS ON NON -AGENDA ITEMS 6:33:11 PM None. 9. PUBLIC HEARINGS (6:15 PM) 6:34:12 PM a. Public Hearing and Adoption of Resolution Approving Application and Contract Execution for Funding from the General Allocation of the State Community Development Block Grant (CDBG)-`'Program and Authorizing Execution of Grant Agreement and any Amendments thereto with the State of California for the Purposes of this Grant: Public Hearing Opened 6:34 pm 6:34:31 Economic Development Manager.,Mollerand Director of Community"and General Services Sangiacomo presented the item,:Recommended Action(s): 1. Conduct a public hearing to solicit public iripu on aState CDBG General Allocation Application, 2. ;Adopt a Resolution", pproving submittal of a CDBG Application, 3. Execute a contract for funding from the General Allocation for housing rehabilitation within tha�Gity,of Ukiah not to exceed $400,000, and 4. Authorizing the execution of a:granfagreement and'any amendments thereto with the State of California for"the purpo'ses:of this.grant. Public Sp,eaking to: the item: Craig T. Schlatter, CDBG Community Development Manager" and 6:53:,48 PM David Youssoupoff, Executive Director Ukiah Comri 6nit ;Center i,, Food Bank M/S Cr nefLandis�to.,approve the Recommended Action. Motion carried by the following roll call vote >AY,ES. Councilmembers Landis, Crane, and Vice Mayor Thomas. NOES: Non ""ABSENT: Councilmember Rodin and Mayor Baldwin. ABSTAIN: None. a. Adaption oUDowntown Streetscape Improvement Plan 7:01:59 PM Director bf Public Works/City Engineer Eriksen and Deputy Director of Public Works Seanor presented the item. Consultant Keith Gurnee, RRM Design Group, provided a presentation. Recommended Action(s): Approve the Downtown Streetscape Improvement Plan. M/S Crane/Landis to approve the Improvement Plan and directed staff to work toward the first phase of the striping and signalization to see how it works. Motion carried by the following roll call vote: AYES: Councilmembers Landis, Crane, and Vice Mayor Thomas. NOES: None. ABSENT: Councilmember Rodin and Mayor Baldwin. ABSTAIN: None. 7:33:47 PM CC 7/1/09 Page 2 of 4 By Consensus, City Council directed staff to provide a report on this item at the next City Council meeting allowing Councilmember Rodin and Mayor Baldwin to be updated. b. Local Emergency Declaration Regarding Drought Status 7:34:41 PM Director of Public Works and City Engineer Eriksen and Deputy Director of Public Works, Water and Sewer Division Burck presented the item. Recommended Action(s): City Council receive the status report on water shortage emergency and provide further direction on water shortage activitiesas needed. By Consensus, City Council received the re message out to the citizens that wells are I efforts are appreciated and what citizens can receive a weekly update on the progress information be provided giving a better und6,rs water related to City's water rights and°.that fu to the City of Ukiah Water Use report. City Co granite pond as time allows. 8:12:36 PM 8:23:( Councilmember Crane left the dais 8:23 pm Councilmember Crane returned to the dais 8:25 pm 11. NEW BUSINESS a. Adopt Plans and Specifi Ukiah Airport Storm Dra 8:26:43 PM , in ort an`d directed staff to get the B,ipg-1 installed, that conservation !o to conserve, and requested to made. Council also requested anding of the components of the ire month's projections be added ncil directed staff t4 look into the a Reconstruction of the Advertisement for Bids Vice Mayor :Thomas reported on his attendance at the City of Fort Bragg Council Meeting at wi of ""',the resolution in opposition of Developers Diversified Realty ballot initiative was supported 5 to 0; Point Arena City Council also voted in support of the resolution that opposed Developers Diversified Realty ballot initiative 4 to 0..8:30:35 PM 13. CITY MANAGER/CITY CLERK REPORTS City Manager Chambers reported that city staff has had discussions with the Chamber of Commerce regarding possible use of the Railroad Depot.site and the relocation of the old sign by the airport to the railroad site. Materials will be provided to the Council prior to the City Manager's annual review which is tentatively scheduled for July 15. Chambers also solicited Council's thoughts on planning a public open house of the Wastewater Treatment Plant now that construction has been completed. 8:31:15 PM CC 7/1/09 Page 3 of 4 14. CLOSED SESSION — Closed Session may be held at any time during the meeting 15. ADJOURNMENT There being no further business, the meeting adjourned at 8:34 pm. JoAnne M. Currie, City Clerk CC 7/1/09 Page 4 of 4 Item 5b CITT'OF UKIAH C CITY COUNCIL MINUTES IT CO T U Regular Meeting u IN ar u 'L eM et S _M4minary Avenue 300 Se T Ukiah, CA 95482 July 15, 2009 6:00 p.m. 1. ROLL CALL Ukiah City Council met at a Regular Meeting on July 15, 2009, the notice for which being legally noticed on July 10, 2009. Mayor Baldwin called the meeting to order at 6:19 pm. Roll was taken with the following Councilmembers present: Landis, Thomas, Crane, Rodin, and Mayor Baldwin. Councilmembers absent: None, Staff present: City Manager Chambers, Assistant City Manager Sangiacomo, City Attorney Rapport, Community Services Supervisor Merz, Director of Public Works/City Engineer Eriksen, and City Clerk Currie. . R • 3. �ON 1�jk 01 5. APPROVAL OF MINUTES 6:20:04 PM a. Regular Minutes of June 3, 2009 M/S Rodin/Thomas to approve the Regular Minutes of June 3, 2009 as submitted. Motion carried by an all AYE voice vote. 6. RIGHT TO APPEAL DECISION 7. CONSENT CALENDAR 6:21:03 PM IS Landis/Thomas to approve the Consent Calendar items 7a-71: Councilmember Landis reminded staff of the request to have the geotechnical information be included in 7j or a report of when it will be included at the next meeting and 71 needs to be updated as the City Council approved a list containing 7 items. a. Report of Disbursements for the Month of June 2009 b. Notification of Purchase of Fire Hose from LN Curtis in the Amount of $9,933.59 C. Notification of Purchase of Seven Bendix King Portable Radios from Silverado Avionics in the Amount of $8,278.43 d. Notification of Purchase of a Color Laser Jet Printe'r from PC Mall Government in the Amount of $5,044.90 e. Notification of Purchase of Two Mobile Tablet Computers from Group Mobile in the Amount of $9,126.71 f. Approval of Publishing Services by Ukiah Daily Journal for Fiscal Year 2009/2010, in the Amount of $6.25 Per Column Inch for the First Insertion and $4.26 Per Column Inch for Additional Insertions of the Same Advertisement, Plus a Non -Optional $3.00 Per Online Ad Charge 9. Notification of the Sole Source Purchase of Electrical Installation Services from CC 7/15/09 Page 1 of 6 Intercounty Mechanical and Electrical, Inc., in the Amount of $9,949.90 h. Approval of Notice of Completion for ADA Curb Ramps Phase 5 & 6, Specification No. 09-05 i. Report to Council of Revised Expenditure to Airgas NCN for the Purchase of a Miller Rescue System for the Electric Division of the Public Utilities Department j. Update Report Regarding Status of Water Emergency Conditions Necessitating Emergency Resolution to Expedite Construction of Gobbi Street Water Well k. Update Report Regarding Status of Water Emergency Conditions Necessitating Emergency Resolution to Expedite Construction of Oak Manor Drive Water Well I. Update Report on Local Emergency Declaration Regarding Drought and Water Shortage Status Motion carried by the following roll call vote: AYES Crane, Rodin, and Mayor Baldwin. NOES: None. AB; 8. AUDIENCE COMMENTS ON NON -AGENDA None. 9. PUBLIC HEARINGS (6:15 PM) 10. UNFINISHED BUSINESS a. City Council to Discuss Support of AB 112'. 6:24:08 PM Recommended Action: Discuss and provide d Councilmember Thomas left the dais 6:28 pm Councilmember Thomas returned to the dais 6:31 p members Landis, Thomas, )ne. ABSTAIN: None. and Provide Direction to Staff staff. Public Comment Opened 6:34 prn Public Speaking to the item: Don Rowe and 6:39:30 PM Steve Scalmanini. Public Comment Closed ,6:41 Dm MIS Crane/Landis to approve Councilmembers Landis and Rodin to draft a letter in support of AB1121 similar to the Fort Bragg letter of support and will bring it back to the August 5, 2009, City Council meeting on the consent calendar. Motion carried; by the following roll call vote: AYES: Councilmembers Landis, Thomas, Crane, Rodin, and Mayor Baldwin. NOES: None. ABSENT: None. ABSTAIN: None. 6:48:21 PM b. Discussion and Possible Action on Inland Water and Power Commission Issues and Possible Authorization of IWPC Invoice in the Amount of $27,500.00 for the 2009 Feasibility Study Match for Federal/Corps Funding and Budget Amendment in the Amount of $7,850 6:50:33 PM City Manager Chambers presented the item. Recommended Action(s): Authorize payment of Invoice in the amount of $27,500.00 as the 2009 Feasibility Study Match for Federal/Corps funding, if appropriate, and Budget Amendment of $7,850, and provide any other direction to staff as appropriate. MIS Rodin/Crane to authorize payment of invoice in the amount of $27,500 as CC 7/15/09 Page 2 of 6 the 2009 Feasibility Study Match for Federal/Corps funding, the budget amendment of $7,850, and directed staff to send a letter with the payment which indicates the City Council's discussion and concerns and express the need for additional Council discussion before the City makes further payments. Motion carried by the following roll call vote: AYES: Councilmembers Landis, Thomas, Crane, Rodin, and Mayor Baldwin. NOES: None. ABSENT: None. ABSTAIN: None. 7:23:45 PM C. Status Report on the Water Resource Activities at the Ukiah Municipal Golf Course Including Report on Purchase of Services From LACO Associates in the Amount of $8,500 7:29:48 PM City Manager Chambers, Community Services Supervisor Merz, and Assistant City Manager Sangiacomo presented the item. Recommended Action(s): Receive report on the purchase of consulting services related to water resource development with LACO Associates in the amount of $8,500. Public Comment Opened 7:36 pm Public Speaking to the item: Christopher Watt, Geo -Environmental Services Director for LACO Associates and 7:51:54 PM Linda Sanders. Public Comment Closed 7:53 pm By Consensus, City Coun steps toward identifying a proceeding. 7:49:49 PM d. Approval of the Sewer Council in Accordance Resources Control Board ceived repc ative water a 7:55:36 PM rected staff to reevaluate the as and expenditures before Plan (SSMP) by the City nts of the State Water Director of Public Works/City Engineer Eriksen presented the item. Recommended Action: Approve the SSMP. Public Comment Opened 7:57 pm Public Speaking to the item 7:57:36 PM Matt Winkelman, Winzler & Kelly Public Comment Closed pm uncilmember Rodin stated for the record that the City had a sewer lateral inance in place prior to it being a State requirement. 8:02:04 PM By Consensus, City Council continued this item to July 27, 2009, at a Special Meeting of the City Council and direct staff to put the SSMP on the City's website for public viewing. Recessed 8:15 pm Reconvened 8:24 pm e. Status Report on Riverside Park and Consideration for RRM Design Group to Receive Award of Design and Engineering Contract in the Amount of $130,859 to be Fully Reimbursed Through Prop 50 California Resources Agency Grant Funds 8:24:17 PM CC 7/15/09 Page 3 of 6 Community Services Supervisor Merz and Assistant City Manager Sangiacomo presented the item. Supervisor Merz introduced Ann Baker with RRM Design Group. Recommended Action(s): Authorize contract for design and engineering services to RRM Design Group in an amount of $130,859, and approve budget amendment in the amount of $130,859. Public Comment Opened 8:50 pm 8:50:25 PM Public Speaking to the item: Ann Baker, Senior Landscape Architect with RRM Design Group and 9:12:24 PM Linda Sanders. Public Comment Closed 9:16 pm M/S Rodin/Thomas to approve the Recommende amend the scope of work to include more input an Council suggested that RRM design be onsite to POSC with an invitation for public interaction. Moti call vote: AYES: Councilmembers Landis, Thomas Baldwin. NOES: None. ABSENT: None; ABSTAIN: 11. NEW BUSINESS b. Review of Edward Byrne Grant FY2009 Application Director of Public Safety D Review Grant Application, the FY2009 JAG grant appl M/S Crane/Landis to approv( following roll call vote: AYES and Mavor Baldwin. NOES: N ri J Action and direct staff to I scoping from the public. make a presentation to PRGC & on carried by the following roll Crane, Rodin, and Mayor None. nce Grant (JAG) Formula resented the item. Recommended Action(s): er Public Input, and authorize staff to submit For consideration} by the Department of Justice. Recommended Action. Motion carried by the incilmembers Landis, Thomas, Crane, Rodin, ABSENT: None. ABSTAIN: None. C. Adoption of Resolution Restoring Six On -Street Parking Spaces along South Main Street Director of Public Works/City Engineer Eriksen presented the item. Recommended Action(s): Adopt resolution restoring six on -street parking spaces along South Main Street. Councilmember Crane stated for the record that he opposed this item before and still opposes it due to line of sight concerns. 9:27:44 PM Public Comment Opened 9:32 pm 9:32:23 PM Public Speaking to the item: Roley Tibbutts, 131 Mill Street. Public Comment Closed pm M/S Rodin/Landis to approve the Recommended Action. Motion carried by the following roll call vote: AYES: Councilmembers Landis, Thomas, Rodin, and Mayor Baldwin. NOES: Councilmember Crane. ABSENT: None. ABSTAIN: None. 10. UNFINISHED BUSINESS f. Review and Approval of Lease for Railroad Depot Station Site between CC 7/15/09 Page 4 of 6 Northcoast Railroad Authority and the City of Ukiah and Authorization to City Manager to Sign Same 9:36:53 PM City Attorney Rapport, Director of Public Works/City Engineer Eriksen, and Assistant City Manager Sangiacomo presented the item. City Attorney Rapport stated a correction to the ASR as the lease is 25 years not 20 years. Recommended Action(s): Approve lease and authorize City Manager to sign on behalf of the City. Public Comment Opened 9:52 pm Public Speaking to the item: Linda Sanders. Public Comment Closed 9:53 pm M/S Rodin/Thomas to approve the Recommended Action which is approve the lease and to authorize the City Manager to negotiate the final boundaries the lease produces. Motion carried by the following roll call vote: AYES: Councilmembers Landis, Thomas, Crane, Rodin, and Mayor Baldwin. NOES: None. ABSENT: None. ABSTAIN: None. 9:50:59 PM 11. NEW BUSINESS a. Designation of Voting Delegate and Alternates for 2009 League of California Cities Annual Conference—September 16-18, 2009 9:54:07 PM 19 Mayor Baldwin presented the iterr voting delegate and up to two Conference and authorize the Delegate/Alternate Form (Attachr By Consensus (all AYE voice'vc designated .Councilmember Rodin a and incilmember Landis er Councilmembers vers Theater. 9:57:C Councilmember took action to su ity Manager Sangia IOU Recommended Action(s): Designate a ternates for the 2009 League Annual "ity Manager to submit the Voting nt 1) on their behalf. of the members present), City Council the delegate and City Manager Chambers io as the alternates. 9:56:11 PM the material recovery facility, recycling, and recommends he facility and also recommends attending the Ukiah attended yesterday's Board of Supervisors meeting where they nding the Alex Rorabaugh Center (ARC). 9:58:16 PM Mayor Baldwin reported on the high back chair policing at the concerts in the park and provided a written report from his recent research trip. 9:59:38 PM 13. CITY MANAGER/CITY CLERK REPORTS City Manager Chambers reported that a status report for ARC will be on the August 5, 2009, agenda. Chambers will be attending a Legal Issues Symposium and will report back to City Council. Chambers stated the Strategic Planning workshop is scheduled for July 29, 2009, at 4:00 pm; Councilmembers Crane and Rodin, committee members, are to decide on the agenda. A workshop will be scheduled to decide how best to communicate with the public regarding water conservation. City Manager Chambers also reported that tonight's Council meeting was not televised and the reason will be investigated. Chambers reported that the Gobbie Street well has been run only as CC 7/15/09 Page 5 of 6 necessary due to noise issues. 10:02:42 PM Adjourned to Closed Session at 10:10 pm. 14. CLOSED SESSION — Closed Session may be held at anytime during the meeting a. Performance Review of City Manager for the First Full Year of Employment b. Conference with Labor Negotiator (§54956.8) Agency Representative: Jane Chambers, City Manager Employee Organizations: Department Head Unit, Management Unit, Miscellaneous Unit, Electric Unit, Police Unit, Fire Units Reconvened in Open Session with no reportable action at 10: 15. ADJOURNMENT There being no further business, the meeting adjourned at 1 JoAnne M. Currie, City Clerk CC 7/15/09 Page 6 of 6 Item 5c CITY OF UKIAH CITY COUNCIL MINUTES Regular Meeting 300 Seminary Avenue Ukiah, CA 95482 August 19, 2009 6:00 1. ROLL CALL "Ukiah City Council met at a Regular Meeting on August ,19, 2009, the notice for which being legally noticed on August 14, 2009. Mayor Baldwin called the meeting to order at 6:00 pm. Roll was taken with the following Councilmobers'',present: Landis, Thomas, Crane, Rodin, and Mayor Baldwin. Councilmembers"absent: rid,r�e. Staff present: City Manager Chambers, Assistant City Manage ngia'como, City"'Attorney Rapport, Director of Public Works/City Engineer Eriksen, Director of Public Works — Engineering and Streets — Seanor, Director of Planning and Community Development Stump, Community Services Supervisor Merz,, Airport,,Mana'gejrOwen, Director of Human Resources Harris, Public Safety Director Dewey,'4nldCity Clerk lerk Currie. �A V3. a 5. 6. a 1:02191C1-4relly-Al 7T1 �C IROCLAMATIONS/INTRODUCI a. Presentation on Summer Community,Services Supervi!sor'Merz gave a presentation highlighting the summer btivifiet,,',,,df 2009 covering Summer Safari Day Camp, Ukiah Municipal Pools',,Adult Softball Leagues, Youth Sports Camps and Classes, Recreation,Classes, Sundays in the`" Park, Moonlight Movie Madness, and Family F6n"�]n the Sun: Tom Mas , on, President of Babe Ruth Tournament, presented a plaque to f!4,Git and requested that it be placed in Anton Stadium APPROVAL OF MINUTES 6:19:23 PM a. Special Joint Council/URA Minutes of July 27, 2009 'j Continued.. ', b. Regular, -Minutes of August 5, 2009 M/S Rodin/Landis to approve the Regular Minutes of August 5, 2009 as submitted. Motion carried by an all AYE voice vote. CONSENT CALENDAR 6:21:48 PM Councilmember Crane removed 7i. M/S Rodin/Thomas to approve the Consent Calendar items 7a -7h and 7j: CC 8/19/09 Page 1 of 6 a. Report of Disbursements for the Month of July 2009 b. Rejection Of Claim For Damages Received From Dave & Joanie Dunn And Referral To Joint Powers Authority, Redwood Empire Municipal Insurance Fund C. Report Purchase of Dell Power Edge R710 Server $5388.33 d. Purchase Dell Power Vault MD1000 Hard Drive Expansion For The Amount Of $6,575.06 e. Report To City Council Regarding The Purchase Of New Gate, Track, And Opener For The Ukiah Regional Airport In The Amount Of $7,200. f. Update Report Regarding Status Of Water Emergency Conditions Necessitating Emergency Resolution To Expedite Construction Of Oak Manor Drive Water Well g. Update Report Regarding Status Of Water Emergency Conditions Necessitating Emergency Resolution To Expedite Construction Of'Gobbi Street Water Well m h. Receive Report Of The Acquisition Of AluminuConductor From General Pacific In The Amount Of $5,904.04 Moved to New Business I Ce j. Rejection Of Claim For Damages Received F Joint Powers Authority, Redwood Empire;Munis Motion carried by the following -roll call vote: AYES,,,, Crane, Crane, Rodin, and Mayor Baldwiri�,,,,, ES: None. ABSI 10. UNFINISHED BUSINESS a. Amend The Curre acob Sang surance F rncilmembers Landis, Thomas, :,None. ABSTAIN: None. ional Service Agreement With Kimley-Horn To iement For The Airport Storm Drain e``'I, Specification No. 09-08 6:24:16 PM Airport Manager Owen<pfbsented the item. Recommended Action(s): Amend current professi©nal service agreement with KIMLEY-HORN to provide ",construction rn'e agement for the Airport storm drain rehabilitation project. MIS Crane/RQdin to approve the Recommended Action. Motion carried by the followmg ro([,call vote: AYES: Councilmembers Landis, Thomas, Crane, Rodin, and Maybj Baldwin. NOES: None. ABSENT: None. ABSTAIN: None. b. MCOG (Mendocino Council of Governments) Joint Powers Agreement (JPA) Amendment and Adoption of Resolution 6:30:31 PM City Manager Chambers and City Attorney Rapport presented the item. Recommended Action(s): Determine whether to expand MCOG area of responsibility to include energy related projects and programs. If agreeing to such expansion, adopt revised version resolution attached as Attachment 2. Also, direct MCOG Commissioner Mari Rodin to move recirculation at the next MCOG meeting; and to authorize the MCOG staff to draft the MOU. cc 8/19/09 Page 2 of 6 C. I I Public Comment Opened 6:33 pm Public Speaking to the item: 6:33:44 PM Tony Orth and 6:51:36 PM Phil Dow, MCOG Director. Public Comment Closed 6:58 pm Continued. Status Report and Direction Concerning The CityView Trail Project 7:03:20 PM Director of Planning and Community Development Stump presented the item. Recommended Action(s): Discuss the status of the CityView Trail project and provide any direction to Staff. Public Comment Opened 7:15 pm 7:15:24 PM Public Speaking to the item: Jamie Conner ton, Paths, Open Space, and Creeks Commission. Public Comment Closed 7:19 pm 7:19:30 PM By Consensus, Council named the train ai ' I� "CityView Trail' and directed staff to bring to the Paths, Open Space, and Creeks Commission (POSCC) the sign program and design recommendations and 'to get a final recommendation from POSCC to bring back td"Gouncil. Consensuswas not reached regarding the recommendation from the 'P66SGGconcerning p 6'ym ent to the Ukiah Valley Trails Group. 7:28:58 PM Authorize Exec 'ution Of Amendment T6 Professional Services Agreement With W1 I nzl' Kelly In'An Amount Not To' Exceed $59,626 For Engineering Design" r The 1602 STIP Rea'qgnment Of Gobbi Street, Oak Manor Drive, And,,,84 ock Laite'< Intersection " y " , ",Specification No. 09-02, Approve Budget Amendment, _ Adopt Plans And Secifications No. 09-02, And Approve Advertisem" PM Diredtbf'of'Public W6rks/City Engineer Eriksen and Deputy Director of Public Works - Engineering= and Streets - Seanor presented the item. Recommended Action(s): thorim,,,O�ecution of amendment to Professional Services Agreement, 2),,,,,,,,,,Approve Budget Amendment, 3) Adopt plans and f ' specifications o'ealignment of Gobbi Street, Oak Manor Drive, and Babcock L1 ors2002 002 STI P"'tZ, S -02, and 4) Approve advertisement for bids. J��, 'Intersecfi h, pec. No. 09 M/S Radia/Landis to approve the budget amendment. Motion carried by the following toll call vote: AYES: Councilmembers - Landis, Thomas, Rodin, and Mayor: Baldwin. NOES: Councilmember Crane. ABSENT: None. ABSTAIN: None. MIS Crane/Thomas to adopt plans and specifications for 2002 STIP Realignment of Gobbi Street, Oak Manor Drive, and Babcock Lane intersection, Spec. No. 09-02; and approve advertisement for bids. Motion carried by the following roll call vote: AYES: Councilmembers Landis, Thomas, Crane and Rodin. NOES: Mayor Baldwin. ABSENT: None. ABSTAIN: None. CC 8/19/09 Page 3 of 6 e. Update Report on Local Emergency Declaration Regarding Drought and Water Shortage Status 8:11:52 PM Director of Public Works / City Engineer Eriksen presented the item. Recommended Action: City Council receive the status report on water shortage emergency, and provide further direction on water shortage activities as needed. By Consensus, Council received the report. Councilmember Crane left the dais 8:30 pm 11. NEW BUSINESS a. Award Of Bid For The Purchase Of Five (5) Pollde'�Detective Vehicles In The Amount Of $104,206.55 To Thurston Honda Of Ukiah 8:31:10 PM Captain Taylor and Director of Safety` Dewey presented the items. Recommended Action(s): Staff recommends that Thurston Honda be awarded the bid for the five Detective vehiclesAn.the amount of $104,206:55 from account 1005.2001.800.000. M/S-",,Crane/Thomas to introduce the Ordinance by Title Only. Motion carried by the'i call vote: Motion carried by the following roll call vote: AYES: Councilrnembers Landis, Thomas, Crane, Rodin, and Mayor Baldwin. NOES: None. ASSENT: None. ABSTAIN: None. City Clerk Currie read the ordinance title. M/S Crane/Rodin to introduce the Ordinance amending Article 17 of the Ukiah City Code, pertaining to Grease Interceptors Motion carried by the following roll call vote: AYES: Councilmembers Landis, Thomas, Crane, Rodin, and Mayor Baldwin. NOES: None. ABSENT: None. ABSTAIN: None. cc 8/19/09 Page 4 of 6 C. Response To The Grand Jury: Time For Change: A Report On The Relationship Between The Ukiah Valley Sanitation District And The City Of Ukiah Sewer System 8:47:31 PM Councilmember Rodin left the dais 8:47 pm City Manager Chambers presented the item. Recommended Action: City Council receive the Findings and Recommendations responses and approve the submission of these materials to the Grand Jury, with authorization of the Mayor to sign the response form on behalf of the City Council for submission by the August 25, 2009 deadline. Councilmember Rodin returned to the dais 8:50 pm Director of HUTan Resources Harris presented the item. Recommended Action(s): R66 mended Action(s): City Council to adopt Resolution of the Gity, Council oU-16e City of Ukiah, Delegating Pursuant to Government Code S cion 935.4 4thority to the City Manager of the City of Ukiah, to Perform Some�of he`functions of the City Council Under the California Government Claims"' M/S Crane/Rodin to approve the Recommended Action and directed staff to provide City Council a monthly report of claims in the consent calendar. Motion carried by the following roll call vote: AYES: Councilmembers Landis, Thomas, Crane, Rodin, and Mayor Baldwin. NOES: None. ABSENT: None. ABSTAIN: None. 12. COUNCIL REPORTS Councilmember Landis reported on her attendance to a Paths Recreation Open Space Agriculture Culture meeting which discussed the process for districting and that the biomass group is working on an EDA grant for funding a feasibility study. CC 8/19/09 Page 5 of 6 Councilmember Landis reported on a possible food composting food waste diversion program Mendocino Solid Waste Management Authority (MSWMA) is investigating. 9:02:45 PM Councilmember Crane reported on his attendance to the MSWMA meeting, Councilmember Landis attended also, which continued the discussion of the request from the County of Mendocino to MSWMA to provide a proposal to assume responsibilities for either the operation of or the contract management for the County's transfer stations. Crane gave an update on the plastic bag issue which is pending the legislative processes. 9:04:18 PM Councilmember Thomas reported on his attendance to the reunion meeting of the localization group and requested a resolution regarding Local shopping be added to the September 16, 2009, agenda. 9:08:05 PM Councilmember Rodin requested adding to a future agenda a letter from City Council urging the Planning Commission to make the 46"rm`b8sed code a 'Ftlghzpriority. 9:09:23 PM 13. CITY MANAGER/CITY CLERIC REPORTS City Manager Chambers reported on her attendance to the Ukiah Valley Medical Center's strategic retreat and notified City Council that the medical center's cafeteria is open to the public. 9:13:31 PM Adjourned to closed session concurrent =; with the closed session for Ukiah Redevelopment Agency at 9:18 pm. 14. CLOSED SESSION := Cfosed Session may be held at any time during the meeting Reconvened in Open Session at 10:41 pm with no reportable action. 15. ADJOURNMENT There being no further business, the meeting adjourned at 10:41 pm. JoAnne M. Currie, City Clerk cc 8/19/09 Page 6 of 6 JOINT CITY OF • UKIAH REDEVELOPMENT Special.int Meeting Minutes COUNCILCIVIC CENTER 11 Seminary Avenue Ukiah, CA 95482 July 27, 2009 11 ' 1. ROLL CALL The Ukiah City Council and Ukiah Redevelopment Agency met al 27, 2009, the notice for which being legally noticed on July;22;'20( meeting to order at 5:03:20 PM. Roll was taken with the following Landis, Thomas, Crane, Rodin, and Mayor Baldwin, which also se Ukiah Redevelopment Agency. Councilmembers absent None ;" Chambers, Assistant City Manager Sangiacomo, City Attorney Ra Community Development Stump, Director of Public WorkslC�ty En Clerk Brown. • PE int Meeting on July ►Idwin called the 1ibers present: pport, Director gineer Eriksen, oners for the pity Manager planning and rid Acting City 5proving a,"Mitigat6d Negative Declaration for the City of :edeveloprnent Agency Agreements to Purchase and Sell ustrial Park "5:0`5:02 PM. t Director Stump presented the item. The proposed Mitigated Mowing findings: 1. Based upon the analysis, findrn'gs'and conclusions contained in the Initial Environmental Study, the project, as mitigated; does not have the potential to degrade the quality of the local or regional enyronment; 2. Based upon the analysis, findings and conclusions contained in the Initial Environmental Study,'the project, as mitigated, will not result in short-term impacts that will create a disadvantage to long-term environmental goals; 3. Based upon the analysis, findings and conclusions contained in the Initial Environmental Study, the project, as mitigated, will not result in impacts that are individually limited, but cumulatively considerable; and 4. Based upon the analysis, findings and conclusions contained in the Initial Environmental Study, the project, as mitigated, will not result in environmental impacts that will cause substantial adverse effects on human beings, either directly or indirectly. 5. The Initial Environmental Study examined areas of potential impacts and evaluated them in light of the 1995 Program EIR to determine if the project would result in new or increased impacts. Based on the conclusions reached in the Initial Environmental Study, it has been determined that the proposed Agreement to purchase and sell land in and of itself would not have significant adverse impacts on the environment because the zoning and development opportunities would not change as a result of the project. However, future development projects would be subject to CEQA evaluation, and determinations made as to whether or not those projects would be consistent with the assumptions and scope of the 1995 certified Program EIR and subsequent Traffic studies. The 1995 Mitigation Program would be applied to those projects as it has been for all development projects proposed and approved since that time. a. The conclusion that the proposed Agreement to Purchase Land would not in and of itself have significant adverse impacts on the environment is based on the following: b. The Airport Industrial Park has built out less intensively'' -than assumed in the 1995 Program EIR, as evidenced in the analysis contained in thisanatial Environmental Study. c. The development potential for the properties involved intheAgreerrjent to Purchase Land would not change from what is currently possible"because the protect would not change the Airport Industrial Park Planned Development Ordinance which contains the allowed and permitted land uses and the required development standards. Moreover, while the Agency will acquire title to the 18 Acres and an optiyon to purchase the 14.75 Acres, no more information is available now about the specific pro1ects that will be constructed on this property than was known when the Program ETR and the 2004 and 2007 Mitigated Negative Declarations were adopted by the d. The 2004 and 2007 Mitigated Negative Declarations approved for the rezonings of the subject properties found no additional new environmental impacts resulting from those actions except for traffic. e. The 2004 and 2007 Traffic' Studies prepared for the rezonings found that the proposed re -designation of the subject properties tu.:a-classification that would potentially allow full retail commerciall:development would require a new traffic signal at the intersection of Commerce Dnveand Airport Park Boulevard to maintain the required Level of Service f. The 2004 and 2007 Mitigat6d& `ative Declarations included a mitigation measure ng the traffic signal when' commercial development is approved on the subject hydrology, geology and soils on the site have not changed and the mitigation sures contained` in the 1995 Program EIR are still appropriate, reasonable and h. The°biological setting of the site has not changed and the mitigation measures contained in the 1995 Program EIR are still appropriate, reasonable and feasible. i. The historic and cultural resource setting has not changed and the mitigation measures contained in the 1995 Program EIR are still appropriate, reasonable and feasible. j. The existing Light Manufacturing/Mixed-Use designation on the parcels affected by the proposed Agreement to Purchase Land would not change and it contains architectural and landscaping standards intended to produce attractive well designed developments consistent with the requirements of the 1995 Program EIR. 2 k. The landscaping standards contained in the Light Manufacturing/Mixed-Use designation are intended, in part, to result in energy conservation consistent with the requirements of the 1995 Program EIR. I. The noise setting of the site is consistent with what was assumed in 1995 and the mitigation measures contained in the 1995 Program EIR are still appropriate, reasonable and feasible. Director Stump reported that no written comments were received, but the Council may receive verbal comment tonight. Recommended Action(s): 1) Conduct a public hearing; 2) Consider adopting the Resolution approving the Mitigated Negative Declaration for the City of Ukiah and City of Ukiah Redevelopment Agency Agreements to Purchase and Sell Real Property — Airport Industrial Park and to waive the CEQA contingencies in the agreements.. Public Comment Opened: Public Speaking in Opposition 5:09:27 PM Jim Mulherin, stated the Council may be misguided m spending°taxpayers' Money for this project and thinks there would be potential negative environmental impacts, if.lt were built out, i.e. a traffic light will not cure traffic if a Costco goes in. { 5:13:48 PM Jack Cox, Ukiah, has problems with this b eing a redevelopment project which he stated is supposed to be about blight and issues detrimental to economic growth. Buying bare land is not blight. The City is competing against the private sector 5:16:57 PM Howard Egan, Ukiah, stated the ,City has no right to spend redevelopment money in this way. 5:17:36 PM Dave Clark, executive directorof Mendocjno=,Coun'ty Tomorrow, offered their official position: The organization is in support of guise land use andplanning and the Council's stand on the need for additional revenues through large -format retail development. The negative declaration, though, does not sufficae.ntly study the negative economic impacts or effects to the City and the RDA, if your speculative real' estate venture fails,',`,' Speculative development should be left to developers. When asked, he stated DDR is a meriber of Mendocino County Tomorrow. 5:23:46 PM'R>obin Collier believes proceeding m this'inay is bad for business 5:28:45 PM private, riot i 5:30:25 PM 5:33:17 PM redevelopm( lic Dupre; stated it is time to be fiscally responsible, and development should be ve Dangler, asked k CoX clarified he ands favom r)nvate d encies to back up the purchase. part of any group; he just doesn't think this project is ment. 5:10:59 PM Jeff Adams, DDR; 1401 Willow Pass Rd., Concord. DDR is happy to learn from the pending actions tonight thatthe City agrees with them: ® This Wley needs'more large -format retail development and jobs. ® That land onginaiI zoned for industrial can be rezoned for retail/ commercial uses. Millions of dolla`r's are being lost in sales tax revenue to Sonoma County in retail leakage. Investing in retail development in RDA will result in Property tax increment increases that can be used for schools and affordable housing. ® That more large -format retail on the outskirts of downtown will have no negative impacts on downtown but will conversely bring more people to downtown that are going now to Santa Rosa. He stated a wish the Board of Supervisors were more proactively seeking solutions to Ukiah's economic problems through land use planning and development, instead of stalling applications, refusing to complete promised land use plans like the UVAP, and fighting those willing to invest tens of millions of dollars in this County; and ® They applaud the City as an elected body in this Valley that wants to do the right thing for the Community. 3 ® It's not DDR's business to take a position on the City's negative declaration. 5:27:03 PM John McCowen, private citizen, stated people have criticized the City for: ® Not being business -friendly, and not willing to take the initiative to assist business development; now the City is in a position of doing that, and is being criticized for it. ® Objecting that the purchase of this land could go forward with the adoption of a negative declaration; yet there is no concern that a huge "speculative project," to use their terms, 3-4 times the size of what is contemplated here, can go forward with no environmental review, no public hearing, no public comment and no conditions that they will be required to abide by --that apparently is okay --but a negative declaration in compliance with the CEQA process is not. Public Comment Closed: 5:34:46 PM Attorney Rapport reminded the City Council that the agenda item concerned the proposed mitigated negative declaration, not whether to approve the,agreemerts. The agreements were approved at prior meetings of the City Council and the Redevelopment Agency They decision to approve the mitigated negative declaration must be basedid" ;on whether there is substantial' evidence in the record before the City Council and the Redevelopment Agency upon which a�tair�argument could be made that purchasing the land will have significant adverse;mpacts on the environment. Substantial evidence includes facts and reasonable inferences based=;bn facts, but does not include speculation or conjecture which is not based on facts in therecord, A[ I ost all of the testimony by the public addressed the merits of purchasing the land, not environmental impacts from purchasing the land which have not been adequately mitigated. What little testimony addressed environmental impacts was based on speeulation or conjecture, not facts in the record. For this reason, the City Attorney did not believe it was necessary or appropriate for him to 71 comment on or respond to that testimony x`,36:05:=PM M/S Thomas/Landis to adopt the:`recommended action 5:37: Mayor Baldwin spoke to inconsistent complaints of people who generally have encouraged the City to avoid EIR's� and do Negative Declarations who are now taking the opposite position on that. And, those who 'have criticized the Redevelopment Agency in the past for using funds for historic preservation and/orgymnasium'deveiopment/completion, who argued the money should be used to enhance business tlevelopment and opportunities, are the ones criticizing the City for doing just that right now.:'He thinks this is an important, positive move for the City of Ukiah. Councilm&nber Landis stated we're here about whether or not the sale of this assembled piece of property Chas impacts significafi't enough to require further study. Based on studies we have compiled, she thought not, noting this is just a sale of property. She thinks it is good planning, has the potential to create the` sequence of tax increment, property taxes, and other things that will allow the City tp hold - ""'services we have, and do the kind of redevelopment work that we want to do in our historic ,d ntown with the Palace Hotel and other things that have high value to our Community. She believes this is the best path to take to get for our Community what we think is important. Councilmember Rodin concurred with Landis, and added that the action regarding the assemblage of parcels doesn't imply agreement with one speaker's points about "more retail" or any of those things. The City's assemblage is meant to catalyze activity in an area already zoned for retail -- qualitatively different from changing the zoning in an area and creating a surplus of land zoned for retail. Secondly, this item is not meant to be a competition with the County. Rodin is fully supportive in continuing to work with the County in tax sharing. This is about good planning, and developing retail in areas that are already zoned for that. Downtown revitalization is a critical, important goal of the Redevelopment Agency—this action isn't meant to substitute for investment Il in the downtown. Mayor Baldwin announced in advance that the following roll call vote will serve for both the City Council and Redevelopment Agency, as this is a joint meeting. 5:42:48 PM Motion carried by the following roll call vote: AYES: Councilmember Landis, Thomas, Crane, Rodin, and Mayor Baldwin; NOES: None. ABSENT: None. ABSTAIN: None. Adjournment of Ukiah Redevelopment Agency portion of the meeting and stay in session as the City Council 5:43:22 PM. Recessed: 5:44:19 PM Reconvened: 5:46:48 PM 6. UNFINISHED BUSINESS a. Approval of the Sewer System Management Plan (SSMP)'by the City Councih:in Accordance with the Requirements of the StateVllater�`Resources Control . '. Board (SWRCB). Director of Public Works/City Engineer Eriksen presented"the item, continued from July 16. Recommended Action(s): Approve the SSMP. mber Landis, Thomas, Crane, kIN: None. during the meeting :ode §5495) E ITEM NO.: 7a City VJ Zlkiah September 2, 2009 SUBJECT: ADOPTION OF RESOLUTION SETTING THE LIMITATION ON CITY EXPENDITURES FOR FISCAL YEAR 2009-2010 The passage of Proposition 4 in 1979 (Article XIIIB of the California Constitution), requires local governments to prepare a statement of appropriations limitation. Also, each of the governing bodies must pass a resolution setting the appropriations limit for each budget year: The City's appropriation growth rate is limited to the change in the greater of the City of Ukiah's or Mendocino County's population growth rate and the change in California's per capita personal income. Exhibit A, attached to the Fiscal Year 2008-09 Proposed Resolution (Attachment 1), sets forth the calculations necessary to establish the appropriations limit for the City of Ukiah's 2008-2009 fiscal year. For these calculations, each revenue source and General Fund transfer, listed in the adopted budgets, must be allocated as "proceeds from taxes" or "non -proceeds from taxes." Adoption of the Fiscal Year 2009-2010 Resolution (Attachment 1) assures the community and the State of California that the appropriations approved did not exceed the City's annual appropriations limit. For fiscal year 2009-2010 the calculations showed a limit of $31.8 million ($31,760,230) and appropriations subject to the limit of $10.5 million. This provided a large margin of safety ($21.3 million) before compliance with this law would become a concern. The limit for FY 2009-2010 ($31,760,230) is $358,987 greater than the limit for FY 2008-2009. The available funds subject to the limit were still less than forty percent of the limit. Therefore, this increase had no effect on the City's budget. Staff recommends the City Council adopt the attached resolution fixing limitation on City expenditures for Fiscal Years 2009-2010. Fiscal Impact: Not Applicable Budget Amendment Required Budgeted FY 09/10 ❑ New Appropriation Recommended Action(s): Adopt resolutions fixing limitation on City expenditures for Fiscal Years 2009-2010. Alternative Council Option(s): Adopt resolution with modifications. Citizens advised: Requested by: Prepared by: Gordon Elton, Finance Director Coordinated with: Jane Chambers, City Manager Attachments: 1) FY 2009-2010 Appropriation Limitation Resolution, with attachment 1 b-- Exhibit A 2) State of California, Department of Finance "PRICE AND POPULATION INFORMATION" letter dated May. 2009 Approved: _ J01Chambers, City Manager Attachment #1 Page 1 WON 41101"'FaVITWIM"Wil""A Aim -We MINIMUM WHEREAS, the provisions of Proposition 4, (Article XIII B of the California Constitution), the spending initiative, passed by the voters of the State of California, place a limitation on the expenditures of governmental agencies; and WHEREAS, the above referenced legislation requires the City of Ukiah to establish its appropriation limit for the 2009-2010 fiscal year; and WHEREAS, the Director of Finance of the City of Ukiah has computed the limitation of the City of Ukiah for the 2009-2010 fiscal year in accordance with the provisions thereof in the amount of $29,894,305; and WHEREAS, the appropriation limitation for the 2009-2010 fiscal year was determined by utilizing the change in California per capita income for the 2009-2010 fiscal year and the percentage of population change within Mendocino County as estimated by the State of California, Department of Finance estimates as of January 1, 2009.- NOW, 009: NOW, THEREFORE, BE IT RESOLVED, that the budgetary appropriation limitation of the City of Ukiah for fiscal year 2009-2010 is hereby fixed at $29,894,305, as set forth on Exhibit "A" attached hereto and made a part hereof by this reference. PASSED AND ADOPTED this 2nd day of September 2009, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: Philip E. Baldwin, Mayor ATTEST: JoAnne M. Currie, City Clerk \\Cou-srv03\shared\Administration\Agendas & ASRs\Sep 2 Regular AgendaWa1 Gann RESOLUTION 2009-10.doc CITY OF UKIAH SCHEDULE TO DETERMINE COMPLIANCE WITH PROPOSITIONS 4 & 111 APPROPRIATION LIMIT FOR THE FISCAL YEAR ENDING JUNE 30, 2010 Based on Fiscal Year 2009-2010 Budget A) PROCEEDS OF TAXES B) LESS: EXCLUSIONS C) APPROPRIATIONS SUBJECT TO LIMITATION D) CURRENT YEAR LIMIT E) AMOUNT UNDER THE LIMIT (MARGIN OF SAFETY) Attachment 01 b I'I<NzwRallfw $10,482,138 $0 $10,482,138 $31,760,230 $21,278,092 S:\Flnance\xfered from FINANCESHARE on FS4 (fs4)\Gann Limit\GANN45MS - Gann 09-10 Page 1 of 5 Attachment #lb CITY OFUNIAH APPROPRIATIONS SUBJECT TO GANN LIMIT (a) State of California, Department of Finance estimates, May 2009 (b) Factor Chosen for calculation, by default. (c) Factor Chosen for calculation. S:\Finonne\xfemd from FINANCeSHAREonFS4(fs4)\Gonn ' Gann ny-10 Page 2n/s 2005/2006 2006/2007 2007Y2008 2008/2009 2009/2010 LIMIT PRIOR YEAR $25.802,097 $27.346,687 $28.486,475 $29,894.305 $31,401.243 TIMES: ' % CHANGE |NCALIFORNIA PER CAPITA INCOME (a) (b) (c) 1.0526 1.0396 1.0442 1.0429 1'0062 OR % GROWTH |NNON-RESIDENTIAL ASSESSED VALUATION n/e n/a ma n/a ma AND TIMES: ' % POPULATION CHANGE CITY (a) 1.001 0'9966 1'0017 1.0010 1.0016 OR % POPULATION CHANGE COUNTY (o)/o\ 1.0069 1.0021.005 1.0072 1.0052 NEW LIMIT $27,346,687 $28,486,475 $29,894,305 $31,401,243 $31,760,230 (a) State of California, Department of Finance estimates, May 2009 (b) Factor Chosen for calculation, by default. (c) Factor Chosen for calculation. S:\Finonne\xfemd from FINANCeSHAREonFS4(fs4)\Gonn ' Gann ny-10 Page 2n/s Attachment #1 b CITY OF UKIAH PROPOSITIONS 4 AND 111, APPROPRIATION LIMIT SCHEDULE TO CATEGORIZE BUDGETED REVENUE FISCAL YEAR 2009-2010 REVENUE SOURCE PROCEEDS NON -PROCEEDS OF TAXES OF TAXES TAXES $50 PROPERTY TAXES $604,132 SALES & USE TAXES $6,118,522 PROPERTY TRANSFER TAX $32,744 ROOM OCCUPANCY TAX $746,350 BUSINESS LICENSE TAX $281,494 FRANCHISE TAX $565,386 FRANCHISE IN -LIEU CITY UTILITIES $1,090,833 OTHER TAXES LICENSES AND PERMITS BICYCLE LICENSES $50 BUILDING PERMITS $78,000 ELECTRICAL PERMITS $8,000 PLUMBING PERMITS $7,000 MECHANICAL PERMITS $3,000 MISCELLANEOUS PERMITS $13,000 FINES & PENALTIES $50,250 INTERGOVERNMENTAL MOTOR VEHICLE IN LIEU $1,071,400 TRAILER COACH FEES $0 OFF HIGHWAY LICENSES $0 TAX RELIEF $12,500 ERAF REFUNDS $0 P.O.S..T. REIMBURSEMENTS $5,000 COUNTY REIMBURSEMENT $1,134 MISC. PARTICIPATIONS $0 STATE MANDATED COST REIMBURSEMENT $0 INTEREST $81,459 $18,541 RENT $259,166 SUN HOUSE REVENUE $18,000 CONCESSION INCOME $0 RECREATION PROGRAM INCOME $504,000 TRANSFERS TO OTHER FUNDS $0 S:1Ffnancelxfered from FINANCESHARE on FS4 (fs4)tGann LlmlAGANN45.XLS - Gann 09-10 Page 3 of 5 CITY OF UKIAH PROPOSITIONS 4 AND 111, APPROPRIATION LIMIT SCHEDULE TO CATEGORIZE BUDGETED REVENUE FISCAL YEAR 2009-2010 CHARGES FOR CURRENT SERVICES SUBD PLANNING FEES SUBDIVISION FEES GENERAL PLAN FEES SPECIAL PERMITS & FEES (612.XXX) EMERGENCY RESPONSE REIM POLICE DEPARTMENT FIRE DEPT SALE OF MATERIALS SALE OF SURPLUS PROPERTY AMBULANCE FEES WEED ABATEMENT VEHICLE ABATEMENT PLAN CHECK FEES SWIMMING POOL LATE CHARGES/ PENALTIES LABOR OVERHEAD REIMBURSEMENT MISCELLANEOUS TOTAL GENERAL FUND ENTERPRISE & OTHER FUNDS TOTAL BUDGETED EXPENDITURES ADD: TRANSFERS INTO GENERAL FUND TOTAL PROCEEDS OF TAXES TOTAL NON -PROCEEDS OF TAXES Attachment 41 b PROCEEDS NON -PROCEEDS OF TAXES OF TAXES $1,500 $2,500 $9,000 $442,704 $159,025 $53,700 $0 .$0 $500,000 $0 $7,000 $35,000 $45,000 $0 $41,500 $1,100 $10,482,138 $2,385,852 $12,867,990 $33,853,997 $33,853,997 $10,482,138 $36,239,849 $46,721,987 $355,000 $10,482,138 $36,594,849 S:\Finance\xfered from FINANCESHARE on FS4 (fs4)\Gann Umit\GANN45.XLS - Gann 09-10 Page 4 of 5 Attachment #1 b CITY OFU0AH SCHEDULE C]FEXCLUDED APPROPRIATIONS FISCAL YEAR 2OOQ-2O1OBUDGET QUALIFIED CAPITAL OUTLAYS AMOUNT TOTAL QUALIFIED CAPITAL OUTLAYS ALLOCATION OFINTEREST- TQTAX 8NON-TAX PROCEEDS FISCAL YEAR 2009-2010 BUDGET A) TAX PROCEEDS LESS|NTEREST-BENERALFUND' $10/400,679 B) LEGS; EXCLUDED APPROPRIATIONS O) NET TAX PROCEEDS $10,400.679 O) TOTAL GENERAL FUND REVENUES, LESS INTEREST $12.767.990 E) NET TAX PROCEEDS, AGPERCENT OF TOTAL GENERAL FUND REVENUE ' 81% F) TOTAL|NTEREBT $100.000 G) AMOUNT OFINTEREST EARNED FROM TAXES $81.469 H) AMOUNT OFINTEREST EARNED FROM NON -PROCEEDS C}FTAXES $18.541 GAFinunnoWexndfrom RNAwCs8*xRsonFS4(fs4)\Gnnn ' Gann nn -1n Page 5of 5 V m IIII o a � DEPARTMENT OF pACrFOR�tiP May 2009 Dear Fiscal Officer: Subject: Price and Population Information Attachment #2 Item # ARNOLD SGHWARZENEGGER, GOVERNOR 91 5 L STREET ® SACRAMENTO CA E 95S 14-3706 E WWW.DOF.CA.GOV Appropriations Limit The California Revenue and Taxation Code, Section 2227, mandates the Department of Finance (Finance) to transmit an estimate of the percentage change in population to local governments. Each local jurisdiction must use their percentage change in population factor for January 1, 2009, in conjunction with a change in the cost of living, or price factor, to calculate their appropriations Iimit for fiscal year 2009-2010. Enclosure I provides the change in California's per capita personal income and an example for utilizing the price factor and population percentage change factor to calculate the 2009-2010 appropriations limit. Enclosure II provides city and unincorporated county population percentage changes, and Enclosure IIA provides county and incorporated areas summed population percentage changes. The population percentage change data excludes federal and state institutionalized populations and military populations. Population Percent Change for Special Districts Some special districts must establish an annual appropriations limit. Consult the Revenue and Taxation Code, Section 2228, for further information regarding the appropriation limit. You can access the Code from the following website: "http://www.leginfo.ca.gov/calaw.html" check box: "Revenue and Taxation Code" and enter 2228 for the search term to learn more about the various population change factors available to special districts to calculate their appropriations limit. Article XIII B, Section 9(C), of the State Constitution exempts certain special districts from the appropriations limit calculation mandate. Consult the following website: "http://www.leginfo.ca.gov/.const/.article_13B" for additional information. Special districts required by law to calculate their appropriations limit must present the calculation as part of their annual audit. Any questions special districts have on this issue should be referred to their respective county for clarification, or to their legal representation, or to the law itself. No state agency reviews the local appropriations limits. Population Certification The population certification program applies only to cities and counties. Revenue and Taxation Code Section 11005.6 mandates Finance to automatically certify any population estimate that exceeds the current certified population with the State Controller's Office. Finance will certify the higher estimate to the State Controller by June 1, 2009. Please (Vote: Prior year's city population estimates may be revised. . If you have any questions regarding this data, please contact the Demographic Research Unit at (916) 323-4086. MICHAEL C. GENEST Director By: ANA J. MATOSANTOS Chief Deputy Director Enclosure Fiscal Year 2009-2010 May 2009 Attachment #2 Item # Enclosure I A. Price Factor: Article XIII B specifies that local jurisdictions select their cost -of -living factor to compute their appropriation limit by a vote of their governing body. The cost -of -living factor provided here is per capita personal income. If the percentage change in per capita personal income is selected, the percentage change to be used in setting the 2009-2010 appropriation limit is: Per Capita Personal Income Fiscal Year Percentage change (FY) over prior year K011,zalluez ou$-x-.N B. Following is an example using sample population change and the change in California per capita personal income as growth factors in computing a 2009-2010 appropriation limit. 2009-2010: Per Capita Cost of Living Change = 0.62 percent Population Change =1.11 percent Per Capita Cost of Living converted to a ratio: Population converted to a ratio: Calculation of factor for FY 2009-2010: 4 0.62+100 =1.0062 100 1.11+100 =1.0111 100 1.0062 x 1.0111 = 1.0174 Fiscal Year 2009-2010 Attachment #2 Item # Enclosure 11 Annual Percent Change in Population Minus Exclusions January 1, 2008 to January 1, 2009 and Total Population, January 1, 2009 Total County Percent Chance — Pcoulation Minus Exclusions — Ponulation city 2008-2009 1-1-08 1-1-09 1-1-2009 Mendocino Fort Bragg 0.16 6,857 6,868 6,868 Point Arena 0.20 491 492 492 Ukiah 0.16 15,686 15,711 15,711 Willits 1.44 5,008 5,080 5,080 Unincorporated 0.58 61,489 61,844 62,055 County Total 0.52 89,531 89,995 90,206 (°) Exclusions include residents on federal military installations and group quarters residents in state mental institutions, state and federal correctional institutions and veteran homes. 3 WMIR MEETING DATE: ITEM NO.: city al cuki:,ah AGENDA SUMMARY REPORT 7b Sept. 2, 2009 SUBJECT: RECEIVE REPORT OF THE EXPENDITURE OF $5,652 IN FEES FOR MODULE 3 MANUALS AND INSTRUCTOR LED CLASSROOM FOR 2 LINEMAN APPRENTICES AT NORTHWEST LINEMAN COLLEGE. Background: This report is regarding fees paid for apprentice training. Discussion: In compliance with Section 1522 of the City Code, this report is being submitted to the City Council for the purpose of reporting the expenditure costing more than $5,000 but less than $10,000. The City of Ukiah Electric Utility Department offers an Apprentice Program for Linemen. This program consists of classroom education and on the job training for technical and skill development. Currently the Electric Utility Department has two apprentices enrolled in this program. This expenditure is to send both apprentices to the third of a total of four training sessions. This training is provided by the Northwest Lineman College (NWLC). NWLC will be providing all materials and instruction for the session in the amount of $2, 826.00 per person or $5,652.00 total. The City's Apprentice Program using NWLC has been approved by the State of California. This amount has been budgeted for and is available in account number 800.3733.160.000. Fiscal Impact: ® Budgeted FY 09/10 � New Appropriation Not Applicable Budget Amendment Required Amount Budgeted Source of Funds (title and #) Account Number Addit. Appropriation Requested $12,000 Electric department 800.3733.160.000 Recommended Action(s): Receive and file report of the expenditure of $5,652. to Northwest Lineman College for Module 3 of the Lineman Apprentice Training for 2 lineman apprentices. Report is submitted pursuant to City Code. Alternative Council Option(s): N/A Citizens advised: N/A Requested by: Mary Horger, Purchasing Supervisor and Colin Murphey, Electric Supervisor Prepared by: Mary Parker, Purchasing Assistant Coordinated with: Jane Chambers, City Manager Attachments: None Approved: J Chambers, City Manager ITEM NO.: 7c City aj ,ZJkiah 9/2/2009 SUBJECT: ADOPTION OF ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING ARTICLE 17 OF THE UKIAH CITY CODE, PERTAINING TO GREASE INTERCEPTORS Summary: On August 19. 2009 the City Council introduced the ordinance of the City of Ukiah amending article 17 of the Ukiah City Code, pertaining to grease interceptors. At the August 19, 2009 meeting, at the request of staff, the City Council approved minor changes to the proposed ordinance before it was introduced. The changes that were incorporated were references to Section 3798G, Grease Interceptor Permit Requirements, (b) has been revised to include further information on permit requirements as required by the California Plumbing Code; Section 37981, Grease Interceptor Requirements, (f), has been revised to clarify issues that will eliminate interpretation by staff. These changes have been incorporated into the ordinance (See Attachment 2). For further details, reference is made to the Agenda Summary Report for the introduction of the ordinance submitted for the August 19, 2009 City Council meeting. (See Attachment 1.) Fiscal Impact: H Budgeted FY 08/09 F—]New Appropriation ® Not Applicable . Budget Amendment Required Amount Budgeted Source of Funds (title and #) Account Number Addit. Appropriation Requested Recommended Action(s): Adopt the ordinance amending Article 17 of the Ukiah City Code, pertaining to Grease Interceptors. Alternative Council Option(s): Do not adopt the ordinance and provide direction to Staff. Citizens advised: N/A Requested by: Prepared by: Tim Eriksen, Director of Public Works/City Engineer Coordinated with: Jane Chambers, City Manager, Tim Eriksen, Director Public Works/City Engineer Attachments: 1) Agenda Summary Report dated August 19, 2009 2) Proposed Ordinance Approved: 1 ,311 -- Ta�6hambers, City Manager ATTACHMENT ) im August 19, 2009 Z$1115Jtt; 1: A11121PTIOR OF ORDI AMENDING ARTICLE 17 OF THE UKIAH CITY CODE, PERTAINING TO GREASE -INTERCEPTORS Summary: On October 1, 2008 the City Council adopted the ordinance of the City of Ukiah amending article 17 of the Ukiah City Code, pertaining to grease interceptors. For further details, reference is made to the Agenda Summary Report for the adoption of the ordinance submitted for the October 1, 2008 City Council meeting. (See Attachment 1.) Staff is now revising the ordinance in order to make it more practical for staff and the community to interpret. The changes that are made are more in line with what the original intent of the ordinance. The attached ordinance makes the requested changes. Section 3798G, Grease Interceptor Permit Requirements, (b) has been revised to include further information on permit requirements as required by the California Plumbing Code. Section 37981, Grease Interceptor Requirements, (f), has been revised to clarify issues that will eliminate interpretation by staff. Attachment 2 is a redlined draft of the ordinance, showing the changes to the version adopted by City Council at the October 1, 2008 meeting. The most significant change to the ordinance is the change in Section 3798G (b). The current code section requires that an owner of a facility has to upgrade to an appropriate sized grease trap/interceptor when "modification in plumbing improvements with a building permit valuation of $20,000 or more...". This condition caused owners to upgrade their grease trap/interceptor even if they were doing ADA bathroom improvements that did not have anything to do with the grease trap/interceptor. The new ordinance will only require this upgrade if the plumbing being modified is affecting the grease trap/interceptor in some manner. Fiscal Impact: F-1 Budgeted FY 08/09 F7New Appropriation I A F -W-7 Not Applicable Budget Amendment Required $ Amount Budgeted Source of Funds (title and #) Account Number Addit. Appropriation Requested (Continued on pa - Recommended Action(s): Adopt a motion to approve the Ordinance of the City Council of the City of Ukiah amending Article 17 of the Ukiah City Code, pertaining to Grease Interceptors. Alternative Council Option(s): Reject the motion and provide alternate direction to staff. Citizens advised: N/A Requested by: Prepared by: Tim Eriksen, Director of Public Works/City Engineer Coordinated with: Jane Chambers, City Manager, Tim Eriksen, Director Public Works Attachments: 1) Agenda Summary Report dated October 1, 2008 2) Proposed Revised Ordinance Approved: ��z,'n,c ----------- e Chambers, City Manager ATTACHMENT A ORDINANCE ., OF • OF OF ARTICLEAMENDING • OF CITY CODE, ENTITLED: GREASE INTERCEPTORS, INSTALLATION AND DISPOSAL OF The City Council of the City of Ukiah hereby ordains as follows: • •i Article 17 of Chapter 2, Division 4 of the Ukiah City Code is hereby amended to read as follows: ARTICLE 17. GREASE INTERCEPTORS, INSTALLATION AND DISPOSAL OF WASTE §3798A: PURPOSE, POLICY, AND ADMINISTRATION: (a) The purpose of this Article is the regulation of the generation and disposal of grease interceptor waste for the protection of the City of Ukiah (City) Sewage Treatment Plant (POTW) and the environment. (b) The objective of this Article is to reduce the operational and maintenance costs of maintaining the POTW and ensure compliance of State Water Resources Control Board (SWRCB) permits, including 'the City's National Pollutant Discharge Elimination System (NPDES) permit by preventing the accumulation of Grease within the collection system. (c) This Article shall apply to the City of Ukiah and to persons outside the City and the Ukiah Valley Sanitation District (District) who, by contract or agreement with the City or the District, are users of the City's POTW. This Article rather than the District's Grease Interceptor Ordinance No. 28 shall apply to properties located both in the City and the District. §379813: SPECIALIZED DEFINITIONS: (a) Unless a provision explicitly states otherwise, terms and phrases as defined in Section 3701 of this Code shall apply to the extent that they are not in conflict with the provisions of this Article. (b) "Director" shall mean the Director of the Public Works Department or another person designated by the City Manager. (c) "Fats" shall mean substances that are primarily fatty acid esters of the alcohol glycerol, also called acylglycerols, neutral fats or glycerides. They are the major components of depot, or storage, fats in plant and animal cells, especially in the adipose (or fat) cells of vertebrates. This term may include any synthesized substance of a like nature. (d) "Food service facility" shall mean those establishments primarily engaged in activities of preparing, serving, or otherwise making foodstuffs available for consumption by the public. Examples of such facilities include a restaurant, commercial kitchen, caterer, hotel, school, hospital, prison, correctional facility, and care institution. These establishments use one or more of the following food preparation activities: cooking by frying (all methods), baking (all methods), grilling, sauteing, rotisserie cooking, broiling (all methods), boiling, blanching, roasting, toasting, or poaching. Also included are infrared heating, searing, barbecuing, and any other food preparation activity that produces a hot, non -drinkable food product in or on a receptacle that requires washing. (e) "Grease" shall mean fats, waxes, free fatty acids, calcium and magnesium soaps, mineral oils and certain other non -fatty material from animal or vegetable sources, or from hydrocarbons of petroleum origins, commonly found in wastewater from food preparation and food service. Grease may originate from, but not be limited to, discharges from scullery sinks, pot and pan sinks, dishwashing machines, soup kettles and floor drains located in areas where grease -containing materials may exist. (f) "Grease interceptor" or "interceptor" shall mean a structure or device designed for the purpose of removing and preventing fats, oils, and grease from entering the sanitary sewer collection system. These devices are often belowground units in outside areas and are built as two or three chamber baffled tanks. (g) "Grease Trap" shall mean a device for separating and retaining waterborne greases and grease complexes prior to the wastewater exiting the trap and entering the sanitary sewer collection and treatment system. Such traps are typically compact under - the -sink units that are near food preparation areas. (h) "Inspector" shall mean the City of Ukiah Environmental Compliance Inspector, under the instruction and supervision of the City of Ukiah Director of Public Works, who is assigned to investigate compliance and detect violations of this Ordinance and shall also mean City of Ukiah Building Inspector, who under the supervision of the Building Official of the City of Ukiah, is assigned to inspect construction projects within the City of Ukiah limits to ensure compliance with City of Ukiah building ordinances and other relevant building ordinances. (i) "Minimum Design Capability" shall mean the design features of a Grease Interceptor and its ability or volume required to effectively intercept and retain greases from grease -laden wastewaters discharged to the public sanitary sewer. (j) "POTW" or "Publicly Owned Treatment Works" means a treatment works which is owned by a municipality as defined by section 502(4) of the Clean Water Act. This definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes all sewers, pipes and other conveyances that transfer wastewater to a POTW. The term also means the municipality as defined in section 502(4) of the Act, which has jurisdiction over the indirect discharges to and the discharges from such a treatment works. For purposes of this ordinance, the terms "sanitary sewer system" and "POTW" may be used interchangeably. (k) "User" shall mean any person who contributes, causes or permits the contribution or discharge of wastewater into sewers within the City of Ukiah's boundaries, including persons who contribute such wastewater from mobile sources, such as those who discharge hauled wastewater. §3798C: APPLICABILITY AND PROHIBITIONS: (a) This ordinance shall apply to all non-domestic users of the Publicly Owned Treatment Works (POTW), as defined in Section 3798B (j) of this Article. (b) Grease Traps or Grease Interceptors shall not be required for residential users. (c) Facilities generating Fats, oils, or Greases as a result of food manufacturing, processing, preparation, or food service shall install, use, and maintain appropriate Grease Interceptors or Grease Traps as defined in Section 379813(f) and (g), respectively, of this Article. These facilities include but are not limited to restaurants, food manufacturers, food processors, hospitals, hotels and motels, prisons, nursing homes, and any other facility preparing, serving, or otherwise making any foodstuff available for consumption. (d) No User may intentionally or unintentionally allow the direct or indirect discharge of any petroleum oil, non -biodegradable cutting oil, mineral oil, or any Fats, oils, or Greases of animal or vegetable origin into the POTW system in such amounts as to cause interference with the collection and treatment system, or as to cause pollutants to pass through the treatment works into the environment. §3798D: COMPLIANCE DATE: (a) On or after the effective date of the ordinance enacting these amendments to this Article, an existing facility shall be required to install an approved, adequately sized, and properly operated and maintained Grease Interceptor when any of the following conditions exist: 1. It is found to be contributing Grease in quantities sufficient to cause sanitary sewer line stoppages or necessitate increased maintenance on the sanitary sewer collection system in order to keep main line stoppages from occurring. 2. It is remodeling the food preparation or kitchen waste plumbing facilities in such a manner to be subject to a permit issued by the Department of Planning and Building. (b) Existing facilities required by this or other applicable ordinance to maintain a Grease Interceptor presently equipped with an undersized or improper Grease Interceptor shall, within thirty-six (36) months of the effective date of this ordinance install an adequately sized Grease Interceptor in accordance with the specifications of this Article. (c) Existing facilities required by this or other applicable ordinances to maintain a Grease Interceptor that are not currently equipped with a Grease Interceptor shall, within eighteen (18) months of the effective date of the amendments to this Article, install an appropriate and adequately sized Grease Interceptor in accordance with the specifications of this Article. (d) New facilities required by this or other applicable ordinances to maintain a Grease Interceptor shall install such a unit prior to commencement of discharge to the POTW. (e) Any requests for extensions to installation dates must be made in writing to the Director, at least thirty (30) days in advance of the compliance date. The written request shall include the reasons for the grease generator's failure or inability to comply with the compliance date set forth, the additional time needed to complete the remaining work, and the steps to be taken to avoid future delays. The Director shall determine the date for compliance. Requests based solely on monetary considerations will not be approved. Section 3798E: DISCHARGE CRITERIA: (a) Where Fats and Grease are a byproduct of food preparation and/or cleanup, reasonable efforts shall be made to separate waste Fats and Grease into a separate container for proper disposal. Fats and Grease shall not be discharged to any drains or Grease Interceptors, except as contained in byproducts of food preparation and/or clean up. Such waste shall be placed in a container designed to hold such waste and either utilized by industry or disposed of at suitable locations. This also applies to residential users. (b) None of the following agents shall be placed directly into a Grease Interceptor, or into any drain that leads to the interceptor: Emulsifiers, de -emulsifiers, surface active agents, enzymes, degreasers, or any type of product that will liquefy Grease Interceptor wastes, 2. Any substance that may cause excessive foaming in the POTW, or 3. Any substance capable of passing the solid or semi-solid contents of the Grease Interceptor to the POTW. (c) The influent to Grease Interceptors or Grease Traps shall not exceed 140 degrees Fahrenheit (1400F). (d) Toilets, urinals, and other similar fixtures shall not discharge through a Grease Interceptor. (e) No food waste disposal unit or dishwasher shall be connected to or discharge into any Grease Interceptor or Grease Trap. §3798F: GREASE INTERCEPTOR PERMIT: (a) Any Food Service Facility discharging Grease, oil or other objectionable material is required to obtain a permit from the City known as a "Grease Interceptor Permit". (b) All existing facilities must obtain a permit within three (3) years from the date this ordinance goes into effect. (c) All facilities will be subject to annual inspections. These inspections will be initiated within one year after the adoption of this ordinance. Inspection fees will be assessed as described in subsection 27-6(f) of this ordinance. (d) "Grease Interceptor Permit" applications shall be completed and filed with the Inspector. Plans shall be provided with the application indicating the location and design details for the proposed Grease Interceptor. (e) Permits shall be issued for a specified time not to exceed five (5) years. If a permittee is not notified by the Director thirty (30) days prior to the expiration of the permit, the permit shall be extended one additional year. The terms and conditions of the permit may be subject to modification by the Director during the life of the permit. The permittee shall be informed of any proposed changes in the permit at least thirty (30) days prior to the effective date of change. Any new conditions in the permit shall include a reasonable time schedule for compliance. After five (5) years from the original permit issue date, the permit shall be renewed by submitting a new permit application, however; no new application fee shall be assessed. (f) Permittees are required to pay a one-time application fee of $100.00 and an annual inspection fee $100.00. Annual inspection fees may be reduced or waived upon demonstration by the permittee that Fats, Oils, and Grease collected in Grease Interceptors, or alternate approved systems, have been recycled for conversion to biodiesel or other products as approved by the Director. Documentation is subject to verification by the Director. (g) Permits shall be issued only for specific uses for specific operations. As a result of any sale, lease, or transfer of the premises for which the permit was issued, a new permit shall be required. Any new or changed conditions of operation shall also require that a new permit be issued. (h) The permit may be revoked by the Director if the permittee is found to be in violation of this chapter and who: Fails to install grease pretreatment devices as required by the permit; 2. Fails to fulfill reporting requirements or pretreatment maintenance as required by the permit; 3. Refuses reasonable access to the permittee's premise for the purpose of inspection or monitoring; 4. Violates conditions of the permit. (i) All permittees shall engage in Best Management Practices, as outlined in documentation provided to the permittee by the Director with the Grease Interceptor Permit application. §3798G: GREASE INTERCEPTOR PERMIT REQUIREMENTS: (a) Any new Food Service Facility discharging Grease, oil or other objectionable material is subject to Grease Interceptor requirements. All such facilities must obtain prior approval from the Director for Grease Interceptor sizing prior to or when submitting plans for a building permit. (b) Existing facilities with planned modification in plumbing improvements that are connected to or will be connected to a Grease Interceptor (as required by the adopted edition of the California Plumbing Code) with a building permit valuation of $20,000 or more will be required to include plans to comply with the Grease Interceptor requirements. (c) Maintenance records on interceptor cleaning and pumping must be maintained for three (3) years and must be available for inspection on the premises. (d) Grease Interceptors required under this ordinance shall be installed outdoors unless the Director authorizes the installation of an indoor Grease Interceptor/Trap or other alternative pretreatment technology and determines that the installation of a Grease Interceptor would not be feasible. (e) All existing facilities, determined by the Director, to have a reasonable potential to adversely impact the sewer collection system will be notified of their obligation to install a Grease Interceptor within the specified period set forth in the notification letter. §3798H: REQUIRED REPORTING: All permitted interceptor waste generators shall, at the time of permit renewal, submit to the Director: (a) Copies of all manifests made by liquid waste transporters servicing their Grease Interceptor during past year; (b) A copy of the Interceptor Maintenance Log; (c) A copy of the Interceptor Service Contract; and (d) Any other information required by the Grease Interceptor Permit, including analysis of the discharge to the POTW of such pollutants as the Director may require. §37981: GREASE INTERCEPTOR REQUIREMENTS: (a) Grease Interceptor sizing and installation shall conform to the current edition of the California Plumbing Code. (b) Grease Interceptors shall be constructed in accordance with design approved by the Director and shall have a minimum of two compartments with fittings designed for Grease retention. (c) Grease Interceptors shall be installed at a location where it shall be easily accessible for inspection, cleaning, and removal of intercepted Grease. The Grease Interceptor may not be installed in any part of the building where food is handled. Location of the Grease Interceptor must meet the approval of the Director. (d) All such Grease Interceptors shall be serviced and emptied of accumulated waste content as required in order to maintain Minimum Design Capability or effective volume. These devices should be inspected at least monthly. Users who are required to maintain a Grease Interceptor shall: Provide for a minimum hydraulic retention time in accordance with the California Plumbing Code. ii. Remove any accumulated Grease cap and sludge pocket as required. iii. Grease Interceptors shall be kept free of inorganic solid materials such as grit, rocks, gravel, sand, eating utensils, cigarettes, shells, towels, rags, etc., which could settle into this pocket and thereby reduce the effective volume of the device. (e) Access manholes, with a minimum diameter of twenty-four (24) inches, shall be provided over each Grease Interceptor chamber and sanitary tee. The access manholes shall extend at least to finished grade and be designed and maintained to prevent water inflow or infiltration. The manholes shall also have readily removable covers to facilitate inspection, grease removal, and wastewater sampling activities. (f) Grease Interceptors required under this Ordinance shall be installed in all food service facilities unless the Director authorizes the installation of an indoor Grease Trap or other alternative pretreatment technology and determines that the installation of a Grease Interceptor would not be feasible. The food service facility bears the burden of demonstrating the installation of a Grease Interceptor is not feasible. If an owner believes the installation of a Grease Interceptor is not feasible because of documented space constraints or other physical constraints, the request for an alternative grease removal device shall contain the following information: Location of sewer main and easements in relation to available exterior space; ii General information about existing plumbing at the site. §3798J: GREASE TRAP REQUIREMENTS: (a) Upon approval by the Director, a Grease Trap complying with the provisions of this section must be installed in the waste line leading from sinks, drains, and other fixtures or equipment in Food Service Facilities where Grease may be introduced into the drainage or sewage system in quantities that can effect line stoppage or hinder sewage treatment or private sewage disposal. (b) Grease Traps sizing and instailation shall conform to the California Plumbing Code. (c) Grease Traps shall be maintained in efficient operating conditions by periodic removal of the accumulated Grease. No such collected Grease shall be introduced into any drainage piping, or public or private sewer. (d) No food waste disposal unit or dishwasher shall be connected to or discharge into any Grease Trap. (e) Wastewater in excess of 140 degrees Fahrenheit shall not be discharged into a Grease Trap. §3798K: VIOLATION. (a) It is unlawful for any User to discharge into the POTW in any manner that is in violation of this Article, or of any condition set forth in this Article. Additionally, a person commits an offense if the person causes or permits the plugging or blocking of, or otherwise interferes with or permits interference with a Grease Interceptor or the POTW, including alteration or removal of any flow constricting devices so as to cause flow to rise above the design capacity of the interceptor. (b) No person, and/or facility shall discharge Grease to the POTW, except as expressly authorized by this Article. If such discharge occurs, the person or facility shall be considered in violation of this Article and subject to the remedies described herein. This includes non -permitted facilities. (c) In addition to prohibiting certain conduct by natural persons, it is the intent of this Article to hold a corporation, association, LLC, LLP, or other entity or organization legally responsible for prohibited conduct performed by an agent acting on behalf of such an entity and within the scope of his office or employment. (d) The City may recover the fees and costs imposed by this Section in a civil action and may pursue any other remedy available at law or inequity to address a violation of this Article or to enforce compliance with it. §3798L: ENFORCEMENT: (a) Except as provided herein, for a period of one year following adoption of this ordinance, although installation of Grease Traps will be required to be installed, no enforcement actions will be taken under this ordinance for failure to achieve limits on Grease discharges from the facility. If, during this one year period an obstruction of a sewer main(s) occurs that causes a sewer overflow to the extent that an impact on the environment is realized and that said overflow or failure of the sanitary sewer collection system to convey sewage can be attributed in part or in whole to an accumulation of Grease in the sewer main(s), the City will take appropriate enforcement actions, as stipulated in this Chapter, against the generator or contributor of such Grease. (b) Minor Violation - Any person violating any of the provisions of this Article shall be to a subject to a written warning for the first violation, a $500 civil penalty for the second violation, a $1,000 civil penalty for the third violation, a $2,000 civil penalty for the fourth violation, and an additional $500 civil penalty for each subsequent violation (e.g., $3,000 for a fifth violation, $3,500 for a sixth violation) within a two- year period. A fifth or subsequent violation within a two year period may result in termination of service. (c) Major Violation - If the City through the Director or his designee determines that a User is responsible for a blockage of a collection system line: For the first offense, a field citation with date for compliance shall be issued to the responsible person on site. The focus of the citation shall be education. The cost of removal of the blockage shall not be assessed for the first occurrence. However, the facility shall be notified of the cost that they may incur for additional violations in the future. For the second offense within a twelve (12) month period, a Notice of Violation shall be issued with a penalty of no less than $1,000.00 in addition to the cost of the removal both the first blockage which gave rise to the first offense and the second blockage which gave rise to the second offense to be assessed. The discharger shall be informed that a future blockage resulting from a violation will result in termination of sewer service. iii For the third offense within a two-year period, a Notice of Violation shall be issued with a penalty of no less than $2,500.00 per violation plus the cost of the removal of the blockage and termination of sewer service. (a) The City Council of the City of Ukiah shall hear and decide appeals when it is alleged there is an error in any requirement, decision or determination made by the Inspector or Director in the enforcement or administration of this ordinance. (b) Appeals shall be made in writing to the Director not more than thirty (30) from the date the appealing party received notice of the disputed decision which shall be heard by the City Council at a regular meeting held not less than thirty (30) days from the date the appeal is filed with the Director. The appealing party shall receive notice of the date and time of the hearing not less than twenty (20) days before the matter is heard by the City Council. The City Council shall receive evidence and argument from the appellant and the Director and may uphold, reverse or modify the decision or determination appealed from. The decision of the City Council shall be final for the City. §3798P: AUTHORIZATION: The Director is authorized to promulgate such rules and regulations as shall be reasonable and necessary to carry out the provisions of this Article according to its terms and intent. §3798Q: SEVERABILITY: If any part or parts of this Article shall be held to be invalid, such invalidity shall not affect the remaining parts of this Article. The City Council declares that it would have passed the remaining parts of this Article, if it had known that such part or parts thereof would be declared invalid. SECTION THREE This Ordinance shall become effective thirty (30) days after adoption. Introduced by title only on August 19, 2009, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Adopted on , 2009, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Philip E. Baldwin, Mayor ATTEST: JoAnne Currie, City Clerk ITEM NO.: W- jl� MEETING DATE: AGENDA SUMMARY REPORT Wei September 2, 2009 SUBJECT: REPORT TO THE CITY COUNCIL REGARDING PAYMENT TO ROUSE MASONRY IN THE AMOUNT OF $5,980 FOR REPAIRS TO THE ROCK WALL AT TODD GROVE PARK. Pursuant to the requirements of Section 1522 of the Municipal Code, staff is filing with the City Council this report regarding the payment for repairs made to the rock wall in Todd Grove Park in the amount of $5,980 to Rouse Masonry. The Community Services Department in collaboration with the Purchasing Department sent bid requests to two contractors specific to masonry work. One bid was received from Rouse Masonry. The purchase was charged to account 100.6001.692.000, Parks Vandalism Repair. The cost for this repair is reimbursed through insurance claims process. Fiscal Impact: Budgeted FY 09/10 New Appropriation Not Applicable Budget Amendment Required Amount Budgeted Source of Funds (title and #) Account Number Addit. Appropriation Requested $5,980 Park Vandalism 100.6001.692.000 NIA Recommended Action(s): Receive the report on the purchase of services from Rouse Masonry in the amount of $5,980 for repairs to the rock wall at Todd Grove Park. Alternative Council Option(s): Citizens advised: n/a Requested by: n/a Prepared by: Katie Merz, Community Services Supervisor Coordinated with: Mary Horger, Purchasing Supervisor Attachments: Approved:`- JanFChambers, City Manager ITEM NO.: 7e MEETING DATE: September 2, 2009 City cif 'Z.Ikzc fi AGENDA SUMMARY REP.ORT SUBJECT: UPDATE REPORT REGARDING STATUS OF WATER EMERGENCY CONDITIONS NECESSITATING EMERGENCY RESOLUTION TO EXPEDITE CONSTRUCTION OF OAK MANOR DRIVE WATER WELL Background: On March 4, 2009, at a regular meeting of the Ukiah City Council, an emergency resolution was adopted to expedite the construction of a water well at Oak Manor Drive in Oak Manor Park to the east of the tennis courts. Pursuant to Public Contracts Code Section 22050(b)(1), the City Council delegated authority to the City Manager to order action pursuant to subparagraph (a)(1) of that section and directed the City Manager to undertake all steps necessary to have the well constructed without going through a formal competitive bidding process. Pursuant to Public Contracts Code Section 22050(b)(3), adoption of this resolution requires the City Manager to report back to the City Council at its next regular meeting setting forth the reasons justifying why the emergency will not permit a delay resulting from the formal competitive solicitation for bids for the well and why the action is necessary to respond to the emergency. Discussion: The reasons for the emergency were set forth in Resolution No.2009-12. These reasons continue to exist: 1) the State of Emergency declared by the Governor of California due to drought conditions, 2) recommendation to municipalities from Victoria Whitney, Deputy Director for Water Rights for the State of California Water Resources Control Board, that drought conditions may necessitate suspension of surface water rights this summer and to secure groundwater sources, 3) the time required to drill, develop, and construct a temporary connection from a new groundwater well into the City's water distribution system is not sufficient to comply with the noticing requirements of the Public Contracts Code formal bidding process, and 4) on May 28, 2009, the State Water Resources Control Board amended Order WR 2009-0027-DWR. The amended Order approved the reduction in minimum instream flow requirements for the upper Russian River. The effective date was changed from July 1, 2009 to July 6, Continued on Paae 2 Recommended Action(s): Receive the report. Alternative Council Option(s): Reject recommended action(s) and provide staff with alternate direction. Citizens advised: n/a Requested by: Tim Eriksen, Director of Public Works/City Engineer Prepared by: Ann Burck, Deputy Director Public Works — Water & Sewer Division Coordinated with: Jane Chambers, City Manager Attachments: Approved: J a Chambers, City Manager Im 2009. From July 6 through October 2, 2009, minimum in -stream flow shall remain at or above 25 cfs, if Lake Mendocino storage is less than 65,630 acre feet on July 1, 2009. As of August 2, 2009, the storage level of Lake Mendocino was 54,360 acre feet and outflow from Coyote Dam at 118 cfs. If Sonoma County Water Agency does reduce the flow to 25 cfs, it is not known how much, if any, water will be available from the Ranney collector well or Well #3. Zim Industries completed well development, swabbing and airlift on July 31, 2009. Demobilization of the drilling equipment was completed August 6th. The week of August 1 0th, the pump and engine used for the pump tests at Gobbi St. Well was removed and transferred to the Oak Manor Dr. Well site. Pump tests started the week of 24th and should be completed on by the end of the week. The wells that were of concern to Mr. Ernie Fine are being monitored during the pump test. These wells have not shown any effects from the pump tests of the Oak Manor Well. 7f September 2, 2009 SUBJECT: UPDATE REPORT REGARDING STATUS OF WATER EMERGENCY CONDITIONS NECESSITATING EMERGENCY RESOLUTION TO EXPEDITE CONSTRUCTION OF GOBBI STREET WATER WELL Background: On March 4, 2009, at a regular meeting of the Ukiah City Council, an emergency resolution was adopted to expedite the construction of a water well at the corner of Gobbi Street and Orchard Avenue. Pursuant to Public Contracts Code Section 22050(b)(1), the City Council delegated authority to the City Manager to order action pursuant to subparagraph (a)(1) of that section and directed the City Manager to undertake all steps necessary to have the well constructed without going through a formal competitive bidding process. Pursuant to Public Contracts Code Section 22050(b)(3), adoption of this resolution requires the City Manager to report back to the City Council at its next regular meeting setting forth the reasons justifying why the emergency will not permit a delay resulting from the formal competitive solicitation for bids for the well and why the action is necessary to respond to the emergency. Discussion: The reasons for the emergency were set forth in Resolution No.2009-12. These reasons continue to exist: 1) the State of Emergency declared by the Governor of California due to drought conditions, 2) recommendation to municipalities from Victoria Whitney, Deputy Director for Water Rights for the State of California Water Resources Control Board, that drought conditions may necessitate suspension of surface water rights this summer and to secure groundwater sources, and 3) the time required to drill, develop, and construct a temporary connection from a new groundwater well into the City's water distribution system is not sufficient to comply with the noticing requirements of the Public Contracts Code formal bidding process. Gobbi St. Well (#7) has been operational since July 21, 2009 using the test pumping equipment left in place until the new pump and motor arrived. Gobbi has been pumping between 900 to 1,000 gallons per minute. Staff was able to shut down Gobbi on August 4th due to reduced demand on the system. Well 4 is now back online. , Zim Industries pulled their pump from the Gobbi St. Well, remove the engine, and relocate to the Oak Manor Dr. Well to conduct the pump tests the week of August 10th. The city owned pump should be placed this week and the construction should be complete the week of September 7th Recommended Action(s): Receive the report. Alternative Council Option(s): Reject recommended action(s) and provide staff with alternate direction. Citizens advised: n/a Requested by: Tim Eriksen, Director of Public Works/City Engineer Prepared by: Ann Burck, Deputy Director Public Works — Water & Sewer Division Coordinated with: Jane Chambers, City Manager Attachments: Approved: Janeambers, City Manager T fFJ 9/2/2009 SUBJECT: UPDATE REPORT ON LOCAL EMERGENCY DECLARATION REGARDING DROUGHT AND WATER SHORTAGE STATUS Summary: In drought conditions, the City may declare a local emergency under the California Emergency Services Act ("ESA"). In addition, the City Council under the Ukiah City Code may declare a Water Shortage Emergency as a Stage I, II or III emergency. At its meeting of April 15, 2009, the City Council adopted a RESOLUTION DECLARING A LOCAL EMERGENCY UNDER THE STATE EMERGENCY SERVICES ACT AND A STAGE I WATER SHORTAGE EMERGENCY UNDER SECTION 3602 THE UKIAH CITY CODE. (Attachment #1) The resolution contains recitals setting forth the drought conditions and the response to those conditions by the State, Mendocino County, the Sonoma County Water Agency and the State Water Resources Control Board which the resolution seeks to address. Please refer to those recitals for details. Subsequent to adoption of the resolution, City staff has responded further to the water shortage emergency by replying to the Sonoma County Water Agency (SCWA) regarding actions that the City of Ukiah has taken, and will be taking, to address water conservation. Attachment #2 is a copy of that letter. The letter outlined actions that the City is taking, responded to SCWA's request for water use information, and included an outline of the City of Ukiah's water conservation program for 2009. As a result of the drought, the City Council has considered many different aspects of the water shortage issue. Under Council's direction, staff has implemented a series of water conservation and education measures. In addition, the City has a full time staff position dedicated to implementing these measures. On June 17, 2009, the City Council adopted the mandatory water conservation measures. 1. Use through any meter when the City has notified the customer in writing to repair a broken or defective plumbing, sprinkler, watering or irrigation system and the customer has failed to effect such repairs within five days; 2. Use of water which results in flooding or runoff in gutters or; 3. Use of water through a hose for washing cars, buses, boats, trailers or other vehicles in the public right of way or any other location that creates runoff in gutter or streets; Continued on page 2 Recommended Action: City Council receive the status report on water shortage emergency, and provide further direction on water shortage activities as needed. Alternative Council Option(s): N/A Citizens advised: N/A Requested by: Jane Chambers, City Manager Prepared by: Tim Eriksen, Director of Public Works and City Engineer Coordinated with: Ann Burck, Deputy Director of Public Works, Water and Sewer Division Attachments: Attachment 1 - Resolution Attachment 2 - Letter to SCWA Approved:- --�- J�rii, Chambers, City Manager Page 2 4. Use of water through a hose for washing buildings, structures, sidewalks, walkways, driveways, patios, parking lots, tennis courts, or other hard -surfaced areas that creates runoff in gutter or streets; 5. Service of water by any restaurant except upon the request of a patron; 6. Use of water to flush hydrants, except where required for public health or safety. 7. Use for more than minimal landscaping in connection with new construction. Water demand has decreased by 20.8% from the 2008 quantities and 19.0% as compared to the 2004 quantities. Staff assumes that this is as a result of our conservation efforts. This will affect our revenues and staff is working on solutions for this issue as we analyze the fee study that is currently being prepared by an outside consulting firm. Developments from the SWRCB On May 28, 2009, the State Water Resources Control Board (SWRCB) issued an amendment to Order WR 2009-0027-DWR, Order WR 2009 -0034 -EXEC. The amended order conditionally approves Sonoma County Water Agency's (SCWA) petition to reduce the flow in the Russian River from July 6 through October 2, 2009 to 25 cubic feet per second (cfs) for the upper Russian River and 35 cfs for the lower Russian River if during the period from April 1 through June 30 total inflow to Lake Mendocino is less than or equal to 25,000 acre- feet. The amended order confirms a water conservation goal for Mendocino County of 50% (compared to 2004) from April 6, 2009 until the expiration of this order (October 2, 2009), "By May 6, 2009, SCWA shall submit a plan to the State Water Resources Control Board to obtain the cooperation and participation of agricultural and municipal Russian River water user to reach a water conservation goal df 25 percent in Sonoma County and 50 percent ;in Mendocino County for the period of April 6, 2009 until the expiration of this order (October 2, 2009). The amended order modified the original order issued on April 6, 2009. From July 6) through October 2, 2009, minimum in stream flow shall remain at or above 25 cfs, if Lake Mendocino storage is less than 65,630 acre feet on July 1, 2009 (instead of total inflow to Lake Mendocino less than or equal to 25,000 acre-feet). Well 4 is now functional after the damage that destroyed much of electrical service panel. The Water Treatment Plant staff performed in an efficient and professional manner to get this well back in service. The pump that has powered the well at Gobbi (# 7) has been disconnected and is now at the Oak Manor Well. Pump test are being performed at the Oak Manor well (#8) and the domestic wells that are proximate to Oak Manor are being monitored. To date these well are shown not to be affected. ATTACHMENT—_L_ RESOLUTION NO. 2009-17 RESOLUTION OF TEE CITY COUNCIL OF THE CITY OF UIUAIE[ DECLARING A LOCAL EMERGENCY PURSUANT TO THE EMERGENCY SERVICES ACT AND A STAGE I WATER EMERGENCY UNDER SECTION 3602 OF THE UkUAH CITY CODE WHEREAS, 1. Lake Mendocino and the Russian River are one current source of water for the City of Uldah and the primary source of water for other domestic and agricultural users of water in Mendocino and Sonoma Counties; and 2. Average rainfall through March for the area contributing run-off to Lake Mendocino is 42 inches and the rainfall total through March 2009 is 23 inches; and 3. There have been below average rainfall and reducM storage in Lake Mendocino in 2004, 2007 and 2008; and 4. Average rainfall for April – June is 4.8 inches: and 5. Even average rainfall for The remainder of the rainy season cannot compensate for the extremely low rainfall this year; and 6. Lake Mendocino held approximately 53,000 acre feet on April 1, 2009, with a Lake level of 727.63 feet; and 7. The average Lake storage in April is 84,448 acre feet, the Lake storage in April 2007 was 66,617 acre feet and the average Lake storage in October is 55,854 acre feet, more water at the end of the dry summer season than is currently stored in the Lake; and 8. The historically low water storage level in Lake Mendocino this year is part of a statewide water shortage caused by inadequate rainfall whichhas prompted Governor Schwarzenegger to declare a statewide emergency under the Emergency Services Act due to these drought conditions; and 9. Mendocino County has declared a local emergency due to drought conditions under the Emergency Services Act; and 10. On April 6, 2009, the State Water Resources Control Board ("SWRCB") has approved an Urgency Change Petition filed by the Sonoma County Water Agency ("SCWX-') to reduce in -stream flows in the Russian River to 75 cfs from April 6 -June 30, 2009 and to as low as 25 efs; for the period My 1 -October 2, 2009, if cumulative total inflow to Lake Mendocino is equal to or less than 25,000 acre feet for the period April 1 -June 30, 2009; and 11. The order approving temporary changes to the minimum in -stream flows required by the appropriative rights permits issued to SCWA. is subject to several conditions, including a condition requiring the SCWA to submit a plan by May 6, 2009, to the SWRCB to "obtain the cooperation and participation of agricultural and municipal Russian River water users to reach a water conservation goal of 25 percent in Sonoma County and 50 percent in Mendocino County for the period of April 6, 2009 until the expiration of this order (October 2, 2009)"; and 12. A local emergency under the California Emergency Services Act (Government Code §8550 et seq.) is defined in Section 8558(c) as the duly proclaimed existence of conditions of disaster or of extreme peril to the safety ofpersons and property within the territorial limits of the City caused by such conditions as drought which are or are likely to be beyond the control of the services, personnel, equipment, and facilities of individual local governments and which require the combined forces of other political subdivisions to combat; and 13. The historically low rainfall and water storage in Lake Mendocino qualifies as a local emergency under the statutory definition; and 14. In a declared local emergency, local agencies may provide'mutual aid as needed pursuant to agreements or resolutions, state agencies may provide mutual aid to local agencies pursuant to agreement or at the direction of the Governor, costs incurred by the City in providing mutual aid pursuant to agreements or resolution constitute a charge against the state, when approved by the Governor in accordance with adopted regulations, and the City Council may promulgate orders and regulations for the duration of the emergency to provide protection for life and property (see Government Code §§ 8631-86-34); and 15. In a declared local emergency, the City Council must review the state of the emergency not less than every 21 days after first declaring the emergency; and 16. Under Ukiah City Code Section 3602, the City Council may by resolution declare a water emergency, specify the degree of emergency and place into effect the appropriate provisions of Division 4, Chapter 1, Article I I of the Ukiah City Code pertaining to a Water Shortage Emergency; and 17. In a Stage I water emergency the Mayor shall issue a proclamation urging citizens to institute such water conservation measures on a voluntary basis as may be required to reduce water demand to coincide with available supply; and 18. The City Council has already authorized the development of a groundwater well on an emergency basis to provide the City with an additional water source this summer that does not rely on the Russian River or water stored in Lake Mendocino; and ' 19. Stage 11 and III water emergencies impose various mandatory conservation measures on City residents, including a prohibition on 'nonessential water use" in a Stage H water emergency and a limit on the daily use of -water by different classes of water user in a Stage III emergency, and 0, 20. The City can declare a Stage II or Stage H emergency, if voluntary measures or less sever mandatory measures does not achieve an adequate reduction in the use of Russian River water or in water use generally to meet the available supply; NOW, THEREFORE, BE IT RESOLVED that the City Council of die City of Uldah hereby: 1. Declares a local emergency due to dr6ught under the Emergency Service Act. 2. Declares a Stage I Water Storage Emergency under Ukiah City Code Section 3602. 3. Directs the City Manager: a. to identify and encourage the use as a Russian River water user of voluntary measures to reach a water conservation goal of 50 percent for the period of April 6. 2009 to October 2, 2009 ("Conservation Perio&D, and to report back to the City Council at each City Council meeting held during that same time period on the measures identified, the means used to encourage their use, the amount of water use reductiom and the status of the emergency conditions; b. to notify the City Council, if the City Manager determines that a Stage I Water Emergency is not reducing water use to match the available supply and to recommend a Stage H or M emergency, if necessary to achieve that level of water use; c. at City Council meetings during the Conservation Period to recommend temporary rules or orders to supplement or modify mandatory conservation measures in a Stage H or IH Water Storage Emergency to reduce water use to the available supply and to achieve the conservation goals in Order WR 2009-0027-DWR issued by the Division of Water Rights of the State Water Resources Control Board; c. to work with other local governments in the County, including the incorporated cities and county water districts, to preserve as much water as possible for use during the dry summer months and for the fall return of Chinook Salmon to the Russian River; and d. to coordinate mutual aid efforts to address the local emergency between and among political subdivisions in Mendocino and Sonoma Counties and state agencies. PASSED AND ADOPTED on April 15, 2009, by the following roll call vote: AYES: Councilmembers Landis, Thomas, Crane, Rodin, and Mayor Baldwin NOES: None ABSTAIN: None ABSENT: None Philip E.9aidwin. Mayor ATTEST? Lied o r- -,—dil—t y Clerk 3 April 28, 2009 i Lynn Florey Sonoma County Water Agency Principal Program Specialist P.O. Box 11628 Santa Rosa, CA 95406 Dear Ms. Florey; This letter is written in response to your letter dated April 17, 2009. 1 do not know when your letter was received by the City of Ukiah, but it arrived- at our water treatment plant rather than in my office at City Hall. The letter was just brought to my attention late yesterday. I had been expecting a request to respond to Sonoma County Water Agency for information related to the State Water Resources Control Board's ruling, and, therefore, am making an effort to meet your deadline of today's date. In future, it would be helpful if you could copy and/or address critical dated correspondence about these current draught conditions directly to my office, as that will assist us in making timely replies. Attached, please find the diversion volumes information requested in your letter. You will see that overall annual water use since 2004 has been reduced by 11.4%. Water use in the months of April through October has been reduced since 2004 by 13%. Diversion volume during the months April through October has also been reduced, for some 25% between 2004 and 2007, and 16% between 2004 and 2008 use. Reduced use over the last few years is a result of the City's commitment to institute conservation measures in both the irrigation and domestic use of water in our community. Attached please find the City ofUkiah's Water Conservation Program which outlines current activities the City is taking to address water conservation. With regard to immediate drought related conditions, here are some technical and rate related factors that the City of Ukiah must deal with as the summer and high irrigation use time approaches: The City's water supply is obtained from a Ranney collector well and Wells 43 and 44. The Ranney and Well #3 draw water from an alluvial zone along the Russian River. The pumping capacity of both the Ranney collector and Well 43 are affected by the amount of flow in the river. If that water is not available during this summer, the only source of water available as of this date will be Well 44, which is percolated groundwater. ® On February 27, 2009 {Governor Arnold Schwarzenegger declared a water shortage. On February 26, 2009, the City received a letter from Victoria A. 300 SEMINARY AVENUE UKIAH, CA 95482-5400 Phone# 7071463-6200 FBem 7071463-6204 Web Address: www.ellyofuklah.com City staff is actively seeking stimulus funding for a system to deliver recycled water from the City's wastewater treatment plant. At the current time, it is anticipated that the wastewater treatment plant could begin to produce recycled water by August of 2009. A distribution system is under design and plans will be developed within the next few months. Funding for this important resource delivery project will be explored from all possible resources, as the City fully recognizes the value of using recycled water to lower the demand for surface water in our area. Although a recycled water distribution system cannot be in place for this summer, the City will pursue developing this resource. With regard to efforts to identify and prevent water waste and unreasonable use: Typical water waster penalties include, in the order implemented: 1. Educational letter or visit 2. Educational visit and warning 3. Citation 4. Installation of flow restrictor and possible fine 5. Shutoff and reconnection fee The City will identify water Masters through monitoring the water meters and citizen reports. In closing, please review all aspects of the attached conservation measures and water use detail in addressing the four questions of your letter, in addition to the specific issues addressed in the above bullet points. Please call me at 707- 463- 6213 if you have questions regarding this information. Sincerely, tane A. Chambers Manager Attachments: 1. City of Ukiah Water Use 2. City of Ukiah Water Conservation Program 2009 City of Uldah water use Annual Water Use MG 2008 1192.968 -11.4% 2008/2004 2007 1219.964 -9.3% 2007/2004 2006 1248.424 -7.2% 2005/2004 2005 1223.542 -9.1% 2005/2004 2004 1345.744 Water Use (MG) 2004 2007 2008 2009 2007/2004 2008/2004 April 96.743 87.507 87.865 -10% -9% May 245.402 121.506 132.345 -16% -9% June 162.897 149.782 143.469 -8% -12% July 185.876 164.473 158,899 -12% -15% August 179.326 162.859 157.056 -9% -12% Sept. 156.798 134.481 130,508 -14% -17% Oct. .109.224 83.777 91.724 -2395 -16% Total MG 1036.266 904.385 901.866 -23% -13% ac -ft 3180 2775 2768 Diverslob Volume (MG) 2004 2007 2008 2009 2007/2004 2008/2004 April 57.046 27.598 62.754 -52% 10% May 112.803 72.833 111.365 -35% -1% June 129.493 109.976 lomis -15% -21% July 132.935 105.631 109.09 -2010 -17% August 126.768 104.658 101.593 -17% -20% Sept. 117.755 88.134 85.313 -25% -28% Oct. 96.734 72.864 73,465 -25% -24% Total MG 772.534 581.694 645.695 -25% -16% ac -ft 2371 17E5 1982 The City of Ukiah Water Conservation Program 2009 The unpredictability of its water supplies and ever Increasing demand on California's complex water resources have resulted in a coordinated effort by the California Department of Water Resources (DWR), water utilities, environmental organizations, and other interested groups to develop a list of urban water conservation demand management measures (DMM) for conserving water. This consensus building effort resulted in a Memorandum of Understanding (MOU) Regarding Urban Water Conservation in California, as amended September 16, 1999, among parties, which formalizes an agreement to Implement these DMMs and makes a cooperative effort to reduce the consumption of California's water resources. The MOU is administered by the California Urban Water Conservation Council (CUWCC). The DMMs as defined In the MOU are generally recognized as standard definitions of water conservation measures. 1. CUWCC Demand Management Measures Implemented The existing conservation The City of Ukiah has had a water conservation program in place since the late *1970's. During the past five years, the City has expanded its program and public outreach. The City reduced the amount of water it used by over 9.3% in 2007 and 11.41,10 in 2008 compared to 2004. Currently, the City's conservation program includes the following DMMs: DMM 1. Water survey programs for single-family residential and multi -family residential connections. The City tests customer meters upon request and instructs customers in how to use their water meter to determine if there is a leek on the demand side of the meter. The City provides toilet leek detection tablets to customers. DMM 3. System water audits, leak detection, and repair. The City performs leek detection and repair an an ongoing basis. The City, also, calculates system water losses annually and reports this information to DWR. DMM 4. Metering with commodity rates for all new connections and retrofit of existing connections. The City water distribution system is fully metered. The City is currently replacing old meters in the system. The new meters will provide a more accurate reading of water use within the City, The City recently went through a rate re -structuring that is believed will reduce water uses in the future. DMM 5. Large landscape conservation programs and incentives. The City's Planning Department reviews all landscape plans proposed for new developments. Included in the City's Municipal Code is a requirement for all landscape planting to be "those which grow well in Ukiah's climate without extensive Irrigation." City staff reviews the water use of its top 5 water users and holds meetings with them on a regblar basis to discuss landscape conservation programs. DMM 7. Public information programs, The City believes public awareness of water conservation issues is an important factor In ensuring a reliable water supply. The City promotes public awareness of water conservation through occasional bill staffers, distribution of the Consumer Confidence Report, radio broadcasts, newspaper articles, the City of Ukiah's "Activity and Recreation Guide", distribution of brochures and additional information at local expositions and fairs, and on the City website advertised to the community on a banner across a City thoroughfare. The City also provides free of charge water conservation yard signs to encourage minimal use of water for lawn Irrigation. Water conservation information and assistance Is routinely provided to the public by the water utility maintenance staff and meter readers while In the field. Field staff receives conservation training to better assist customers and promote conservation. Door hangers are used to remind customers of Ukiah's Voluntary Water Conservation Program measures and to provide notice of problems with outdoor water use. DMM 8. School education programs. City staff presents information on water conservation to elementary school children in the classroom. The City offers local schools tours of its water treatment plant and also provides educational materials. Four science classes on public water supply at the high school are offered once a year. DMM 9. Conservation programs for commercial, industrial, and institutional accounts. The City has only two industrial customers: Maverick Industries and Red Tall Ale Brewery, The City surveys the water usage of these industries. Any new commercial, industrial, or institutional developments will be reviewed by the City Planning Department and must meet all requirements of the Municipal Code. DMM 11. Conservation pricing. In 2005, the City Increased and re -structured its water rates to encourage more conservation. The City has simplified its rate structure by eliminating rate codes and classifying customers according to their meter size. The new rate structure Incorporates the American Water Works Association (AWWA) demand capacity guidelines so that price increases across meter size in proportion to the potential demand a customer can place an the water system. DMM 12. Conservation Coordinator. The City's Conservation Coordinator Is essential to sustaining and improving Ukiah's ongoing water conservation program. The conservation coordinator is responsible for implementing and monitoring the City's water conservation actfvItiles. In practice, the City's water conservation program includes the efforts of the Conservation Coordinator and all staff. DMM 13. Water waste prohibition. The City has adopted regulations that state in part: "Where negligent or wasteful use of water exists on a customer's premises ... the City may discontinue the service..." (City Municipal Code Article 7, Section 3571). The City first sends customers a letter calling their attention to the wasteful practice and asking for correction. If the condition is not corrected within five days after the written notice, service may be discontinued if necessary. DMM 14. Residential ULFT replacement programs. Since October 1992, the sale of toilets using more than 1.6 gallons per flush has been prohibited by State and Federal regulations. These regulations are enforced in the City. 11. Additional Water Conservation Measures In addition to the DMMs, the City has also taken the following actions: 1. Installation of five waterless urinals in the Ukiah Civic Center to support and promote the use of waterless urinals in all City facilities and in the publio sector. The use of these urinals has received very positive feedback from Facilities staff who would like to install these in the Ukiah Valley Conference Center. 2. Cooperative water conservation programs have been developed between the City and the Mendocino County Water Agency, the Russian River Public Water Agencies, and the Sonoma County Water Agency. 3. The Ukiah City Council adopted the Ahwahnee Water Principles on April 4, 2067. The Principles contain ideas for protecting and enhancing water quality, improving water availability, making more efficient use of water, and conserving water as a scarce resource. The Principles suggest a process for improving decision-making as it impacts water -related issues. The City Council reviewed the Principles and determined the Ideas and suggestions promote the Council's stated goals. Ill. Future Water Conservation Activities The City has recently undertaken a rate and revenue study of Its water utility. A tiered Inclining block rate structure and excess use charge are being evaluated to -encourage water conservation. The City has submitted a pre -application to the State Water Resourbes Control Board State Revolving Fund to construct a recycled water system. The City's Wastewater Treatment Plant Improvement Project is scheduled to be completed by June 2009. After the project is completed, the plant will be capable of producing 2 million gallons per day (MGD) in the summer and up to 7.5 MGD In the winter of Title 22 unrestricted use recycled water. Other immediate and long-term conservaflon measures include: - ® Installation of waterless urinals and dual flush toilets in all City buildings (immediate) • Sign the California Urban Water Conservation Council's Mer-fiorandurn of Understanding Regarding Urban Water Conservation and implement the 14 best management practices (long term) • Water efficiency standards for new single-family development (long term) • Water -efficient landscaping (long term) • Water waste ordinance prohibiting: (immediate) i. gutter flooding 2. carwash fundraisers 3. non -recycling decorative water fountains 4. breaks or leaks in the water delivery system ® Incentives for Retrofits (long term) 1. low flow shower heads 2. toilet displacement devices 3. toilet flappers 4. faucet aerators 5. high efficiency washing machines 6. ultra-low flow toilets ITEM NO. - MEETING DATE - ,City 7J_1Z1kz:ah AGENDA SUMMARY REPORT 10a September 2, 2009 SUBJECT: APPROVAL OF HOME GRANT DOWNPAYMENT ASSISTANCE PROGRAM GUIDELINES AND HOME IMPROVEMENT LOAN PROGRAM GUIDELINES The Community Development Commission of Mendocino County (the "CDC") administers the Home Investment Partnerships Program (HOME) for the City of Ukiah. HOME provides funds to eligible cities and counties for housing rehabilitation, new construction, and acquisition and rehabilitation, for both single-family and multifamily projects. All activities must benefit lower-income renters or owners. The City has received an award of $800,000 in HOME funds for a Downpayment Assistance Program (DAP) and Owner -Occupied Housing Rehabilitation Loan Program (OOR). The DRP provides fixed below market interest rate loans to qualified first-time homebuyers for assistance in purchasing homes. All payments on principal and interest are deferred for the life of the loan. Homes purchased must be located in the incorporated area of the City of Ukiah. The OOR also provides fixed below market interest rate loans with deferred payments on principal and interest. OOR loans are utilized by homeowners looking to make general improvements to their property to correct identified health and safety deficiencies. OOR also promotes the use of green building practices and energy efficiency improvements, and where appropriate to the specific rehabilitation project, home repairs will include those that meet green standards. Both programs will assist the City in meeting its Housing Goals for the General Plan Housing Element. Working with City staff and HOME representatives, CDC completed both sets of guidelines and submitted them to HOME for approval. HOME approved the guidelines prior to the application submittal (October 2008). Now that both the DAP and OOR programs have been funded, CDC/City requests City Council's approval of the program guidelines. Continued on page 2 Recommended Action(s): Approval of HOME Grant Downpayment Assistance Program Guidelines and Home Improvement Loan Program Guidelines Alternative Council Option(s): Remand to staff with direction Citizens advised: Requested by: Community Development Commission Prepared by: Cathleen Moller, Economic Development Manager Coordinated with: Jane Chambers, City Manager, Sage Sangiacomo, Assistant City Manager Attachments: 1) Downpayment Assistance Program Guidelines 2) Home Improvement Loan Assistance Program Guidelines 3) Press Release 4) Marketina Brochures Approved: Jan ambers, City Manager HOME Grant Guidelines Page 2 of 2 This is the first time the City of Ukiah has had a HOME OOR program. The City first adopted DAP guidelines in the late 1990s/early 2000s. Changes to the City DAP gdidelines are as follows: 1. The maximum loan amount under the HOME DAP program has been changed from $70,000 to "a maximum of forty nine percent (49%) of the total financing package" and must be less than the financing from the primary lender. The buyer still must get the maximum financing he/she can qualify for from the primary lender. 2. Resale restrictions have changed from a 15 -year period to a 5-15 year period depending on the amount of the HOME DAP loan. 3. Tenant -occupied units are no longer eligible for the program, with the exception of tenants wishing to purchase their single-family units if all other qualifications apply. 4. Individual Development Accounts — matching funds may be eligible for up to $15,000 per household depending on availability of funds. CDC and the City are working together to get the word out about the availability of these loan programs. A recent press release is included as Attachment # 3, and a brochure for each of the programs is included as attachment # 4. The complete set of program guidelines for'both of the programs are included as attachments # 1 and 2 for review. Staff requests approval of both documents. ATTACHM—MT-1- 1. THE PROGRAM....................................................................................................................... 3 11. LIMITS......................................................................................................................................4 III. RESALE-ASSUMPTIONS.......................................................................................................4 IV. SPECIAL CIRCUMSTANCES................................................................................................. 5 V. ELIGIBILITY.............................................................................................................................5 CONFLICTOF INTEREST.......................................................................................................... 5 FIRST-TIME HOMEBUYER........................................................................................................ 5 VI. INCOME.................................................................................................................................... 6 INCOMEINCLUSIONS...............................................................................................7 INCOMEEXCLUSIONS.............................................................................................9 VII. TENANTS.................................................................................................................................11 VIII. LEASE OPTIONS..................................................................................................................11 IX. PROPERTY............................................................................................................................11 1. LOCATION.........................................................................................................................1...1.11 2. OCCUPANCY...........................................................................................................................12 3. TITLE...................................................................................................................................... 12 4. CONDITION............................................................................................................................. 12 X. TYPES OF FINANCING AND TERMS................................................................................... 12 MAXIMUMLOAN AMOUNT............................................................................................................. 12 DEFERRED PAYMENT LOANS (DPLS)........................................................................................... 12 BELOW MARKET INTEREST RATE (EMIR) LOANS......................................................................... 12 DETERMININGELIGIBILITY............................................................................................................ 12 DETERMININGLOAN AMOUNTS.................................................................................................... 13 REQUIREMENTS FOR PRIMARY FINANCER................................................................................13 XI. LOAN DOCUMENTS.............................................................................................................13 XII. CLOSING COSTS.................................................................................................................13 XIII. SECURITY.............................................................................................................................13 XIV. OCCUPANCY REQUIREMENTS........................................................................................13 XV. TRANSFER OF TITLE.........................................................................................................15 Page 1 XVI. HOUSING COUNSELING....................................................................................................15 1. HOMEBUYER EDUCTION LEARNING PROGRAM (HELP)......................................15 2. INDIVIDUAL DEVELOPMENT ACCOUNTS.......................................................................15 XVII. APPLICANT SELECTION AND LOAN CLOSING.............................................................15 A. LOAN COMMITTEE...................................................................................................................15 1. Purpose............................................................................................................................15 2. Composition.....................................................................................................................16 3. Meetings...........................................................................................................................16 4. Action................................................................................................................................16 B. APPLICATION PROCESSING.....................................................................................................16 C. APPLICATION SELECTION........................................................................................................16 D. LOAN APPROVAL....................................................................................................................17 E. LOAN CLOSING.......................................................................................................................17 F. APPEALS.................................................................................................................................17 XVIII. INSURANCE.................................................................................................................18 A. HAZARD INSURANCE...............................................................................................................18 B. FLOOD INSURANCE.................................................................................................................18 XIX. DELINQUENCIES, DEFAULTS AND FORECLOSURES..................................................18 A. POLICY...............................................................................................................................18 XX. AFTER -PURCHASE PROPERTY MAINTENANCE.............................................................18 A. POLICY...................................................................................................................................18 B. PROCEDURE...........................................................................................................................19 XXI. REUSE PLAN.......................................................................................................................19 XXII. AMENDMENTS...................................................................................................................19 XXIII. RELOCATION POLICY......................................................................................................20 XXIV. AFFIRMATIVE MARKETING/EQUAL OPPORTUNITY....................................................22 AFFIRMATIVEACTION...................................................................................................................22 EQUALOPPORTUNITY..................................................................................................................23 XXV. INSPECTION PROCEDURES............................................................................................23 Attachment A - Loan Documents..............................................................................25 Attachment B - HOME Program Income Reuse Plan.....................................................34 Attachment C - Income, Subsidy and Maximum Purchase Price/After Rehabilitation Value Limits.............................................................................................38 Page 2 - ; �Zc37c1►l The City of Ukiah, hereinafter referred to as the "City," has entered into a contractual relationship with the California Department of Housing and Community Development ("HCD") to administer one or more HCD-funded homebuyer programs. The homebuyer program described herein (the "Program") is designed to provide assistance to eligible homebuyers in purchasing homes, also referred to herein as "housing units", located within the incorporated area of the City of Ukiah, as described in Section 2.1. The Program provides this assistance in the form of deferred payment "silent" second priority loans as "Gap" financing toward the purchase price and closing costs of affordable housing units that will be occupied by the homebuyers. The Program will be administered by the Community Development Commission of Mendocino County (the "CDC"). The City of Ukiah Down Payment Assistance Program (DAP) will make below market interest rate deferred loans to qualifying low-income first-time homebuyers to purchase homes in the incorporated area of the City of Ukiah. Participants must qualify by not having owned a home in the last three years, must qualify under low-income guidelines and occupy the unit as their principal residence. The DAP loans may include closing costs, unless not eligible under the requirements of the original funding source. The buyers will be required to make a minimum contribution of four percent (4%) for the city program. At least half of the buyer's share must be from his or her own funds; the remaining half may come from gift funds. Applicants must attend Housing Counseling Sessions given by The Community Development Commission of Mendocino County (CDC). The City will impose certain requirements on each assisted purchase: At transfer of title to the first-time homebuyer, the home must pass Section 8 Housing Quality Standards and be in compliance with the local building code's minimum requirements for health and safety as determined by a staff inspector. A Community Development Housing Inspector will perform the inspection. This requirement will be part of the purchase offer. 2. The DAP loan(s) will be recorded on the purchased property directly behind the primary purchase financing. Primary financing must be with a conventional lender. 3. Repayment of the loan(s) will be required upon sale (except for approved assumptions, see below), transfer of title (except for approved transfers, see below), if the property is no longer the primary residence or after 30 years. The principal plus three percent annual interest will be repaid. 4. A document restricting resale and ensuring affordability for at least 5-15 years will be recorded. 5. DAP loans cannot be used for refinancing of existing loans. Page 3 II. LIMITS In an attempt to address the needs of a variety of low-income persons, some limits are designed into the program. Maximum purchase price will be limited to FHA limits. For HOME -funded DAP loans, the maximum purchase price will be limited to the Sales Price Limit and acquisition price will not exceed the amount published in the current NOFA, or approved by HUD. The Maximum Purchase Price/After-Rehabilitation Value Limit for HOME for 2008 is $389,500.1 The total loan(s) amount from the DAP program must be less than the financing from the primary lender, at a maximum of forty nine percent (49%) of the total financing package, and the maximum limit will be revised to reflect current market conditions. The true limiting factor will be income status, and the limited size of a first mortgage that a family may obtain. The income limits for the program will be those published by HUD for Mendocino County. Specifically, the limits are 80% of median income adjusted for family size (please see Attachment C). Assistance will be limited to those families qualifying as "lower-income." III. RESALE -ASSUMPTIONS: A recorded document will contain provisions restricting resale. For a 5 -15 -year period for the City, these conditions will apply: A. Any purchaser of the property must be a qualifying low-income household that will reside in the property as their primary residence. B. The sale price must permit the low-income purchaser to maintain affordability. C. There must be a fair return on investment to the seller. Note: A. and B. above are not applicable to loans funded by HOME. The minimum periods of affordability are specified in the following table, and shall comply with the other requirements of 24 CFR Sections 92.252, 92.254, 92.255 and 92.258. Amount of HOME Assistance Activity Minimum Period of Affordability in Years Less than $15,000 FTHB 5 $15,000 - $40,000 FTHB 10 More than $40,000 FTHB 15 No additional HOME assistance may be provided during the period starting one year following the filing of the Project Completion Report through end of the affordability period. When these terms are met and the new borrower is an eligible heir (please see Section XIV.A.4.), DAP loan(s) may be assumable. The new purchaser must execute an assumption agreement confirming agreement with the terms of the DAP loan. If these terms are not met, the DAP loan is due and payable and the DAP funds will be recaptured to the local DAP account(s). The 12008 NOFA Appendix D, "Maximum Purchase Price/After-Rehabilitation Value Limits," 4/29/08. Page 4 homeowner may recover the initial investment. However, assumptions are not allowed if not eligible under the funding source of the loan(s). Proceeds from sales will be recycled into eligible activities with the same regulations and procedures of the original funding source. IV. SPECIAL CIRCUMSTANCES A. Flood plain: Units in the 100 -year flood plain will not be eligible. B. Lead Paint: Lead -base paint requirements for properties constructed prior to 1978 will be addressed prior to purchase. These requirements include: requirement that lead -base paint notification be given to purchasers. The pamphlet "Protect your Family from Lead in the Home" will be given to purchasers. Please contact the CDC office for the most current information regarding Lead Based Paint and home purchases. C. Notice to Sellers: It will be a requirement that an acquisition notice containing the items below be provided to seller prior to making the purchase offer: the purchaser has no power of eminent domain and, therefore, will not acquire the property if negotiations fail to result in an amicable agreement; an estimate of the fair market value of the property; if an acquisition notice will not be provided prior to the purchase offer, a provision that the seller may withdraw from the agreement after this information is provided. D. Tenant -Occupied Properties: Tenant occupied properties will not be eligible, unless the tenant is the first-time homebuyer making the purchase. A rental property must be vacant for a minimum of 120 days to be an eligible property. V. ELIGIBILITY CONFLICT OF INTEREST No member of the City of Ukiah City Council and no other official, employee or agent of City of Ukiah, and the Community Development Commission of Mendocino County, who exercises policy, decision-making functions, or responsibilities in connection with the planning and implementation of the program shall directly or indirectly be eligible for this program, unless the application for assistance has been reviewed and approved according to applicable California Department of Housing and Community Development (HCD) guidelines and federal HOME Regulations at 24 CFR 92.356. This ineligibility shall continue for one year after an individual's relationship with the City of Ukiah government and/or the Commurtity Development Commission of Mendocino County ends. FIRST-TIME HOMEBUYER "First-time homebuyer" means an individual or individuals or an individual and his or her spouse who have not owned a home during the three-year period before the purchase of a home with assistance, except that the following individual or individuals may not be excluded from Page 5 consideration as a first-time homebuyer under the definition: A displaced homemaker who, while a homemaker, owned a home with his or her spouse or resided in a home owned by the spouse. A displaced homemaker is an adult who has not, within the preceding two years, worked on a full-time basis as a member of the labor force for a consecutive twelve-month period and who has been unemployed or underemployed, experienced difficulty in obtaining or upgrading employment and worked primarily without renumeration to care for his or her home and family; 2. A single parent who, while married, owned a home with is or her spouse or resided in a home owned by a spouse. A single parent is an individual who is unmarried or legally separated from a spouse and has one or more minor children for whom the individual has custody or joint custody or is pregnant; and 3. An individual or individuals who owns or owned, as a principal residence during the three- year period before the purchase of a home with HOME assistance, a dwelling unit whose structure is: A. Not permanently affixed to a permanent foundation in accordance with local or state regulations; or B. Not in compliance with state, local, or model building codes and cannot be brought into compliance with such codes for less than the cost of constructing a permanent structure. C. By definition, the housing must be single-family housing (1 -to 4 -family residence, condominium unit, cooperative unit, combination manufactured home and lot, or manufactured home lot). Individual funding sources may have a definition of applicable housing that may be more restrictive; if so, then that definition will apply if that funding source is used. 4. Ownership is defined as one's exclusive right of possessing, enjoying, and disposing of real property, including both possession and title. VI. INCOME To receive First time HOME BUYER assistance, households must have incomes at or below 80% of the Mendocino County Median Income adjusted for household size, as reported by the US Department of Housing and Urban Development. The income limits for Mendocino County are included in Attachment C. Family members as determined under our program guidelines include: 1. Unborn children of pregnant women; 2. Children in joint custody arrangements who are present in the household 50% or more of the time; 3. Temporarily absent family members who are still considered family members. For example, 1. a family member who is working in anoth-er state on assignment; 2. family members in the hospital or rehabilitation facility for periods of limited or fixed duration. 4. Persons permanently confined to a hospital or nursing home. The family decides if such persons are included or not when determining family size for income limits. If such persons are included, they must not be listed as the head, co-head, or spouse on the application, but may be listed as other adult family member. If the family chooses to include the permanently confined person as a member of the household, include the income received by these persons in calculating family income. 5. Adult students living away from home. If the adult student is counted as a member of the household for income limits, the first $480 of the student's income must be counted in the family's income. Note, however, that the $480 limit does not apply to a student who is the head of household or spouse (their full income must be counted) 6. Children who are in the process of being adopted. Count adoption assistance payments in excess of $480 per adopted child. Subject to the exemptions allowed in the "Technical Guide for Determining Income and Allowances for the HOME Program, Third Edition, 2005," all persons in residence are considered household members for purposes of income edibility. Family members as determined under our program guidelines exclude: 1. Foster Children 2. Live-in aides and children of Live-in aids 3. Children being pursued for legal custody or adoption who are not currently living with the household. 4. A child who is subject to a shared -custody agreement in which the child resides with the household less than 50% of the time. Calculation of Income. Income is defined as monetary benefits from any source whatsoever, before deductions or exemptions, anticipated to be received during the twelve months following application for a grant. If all or part of income is derived from irregular employment or includes earnings from occasional overtime work, such income received during the preceding twelve months will be used as a basis to anticipate income for the succeeding twelve months. The income of the applicant includes the income of the head of household and any other person or persons who are on title and permanently reside in the same dwelling unit. The household's income includes; Income INCLUSIONS Income is determined at the time of initial occupancy of property or at the time the DAP funds are invested, whichever is the latter. Income is projected for the next 12 months. If the applicant is approved for DAP assistance, income must be certified within six months of assistance. Sources included as income are derived from 24 CFR 5.609 paragraph (b) of the Code of Page 7 Federal Regulations (April 1, 2004) and include: a) Income from wages, salaries, tips, etc. The full amount, before any payroll deductions, of wages and salaries, overtime pay, commissions, fees, tips and bonuses, and other compensation for personal services. b) Business Income. The net income from the operation of a business or profession. Expenditures for business expansion or amortization of capital indebtedness shall not be used as deductions in determining net income. An allowance for depreciation of assets used in a business or profession may be deducted, based on straight-line depreciation, as provided in Internal Revenue Service regulations. Any withdrawal of cash or assets from the operation of a business or profession will be included in income, except to the extent the withdrawal is reimbursement of cash or assets invested in the operation by the family. c) Interest & Dividend Income. Interest, dividends, and other net income of any kind from real or personal property. Expenditures for amortization of capital indebtedness shall not be used as deductions in determining net income. An allowance for depreciation is permitted only as authorized in number 2 (above). Any withdrawal of cash or assets from an investment will be included in income, except to the extent the withdrawal is reimbursement of cash or assets invested by the family. Where the family has net family assets in excess of $5,000, annual income shall include the greater of the actual income derived from all net family assets or a percentage of the value of such assets based on the current passbook savings rate, as determined by HUD. - d) Retirement & Insurance Income. The full amount of periodic amounts received from Social Security, annuities, insurance policies, retirement funds, pensions, disability or death benefits, and other similar types of periodic receipts, including a lump -sum amount or prospective monthly amounts for the delayed start of a periodic amount (except as provided in number 14 of Income Exclusions). e) Unemployment & Disability Income. Payments in lieu of earnings, such as unemployment and disability compensation, worker's compensation, and severance pay (except as provided in number 3 of Income Exclusions). f) Welfare Assistance. Welfare assistance payments made under the Temporary Assistance for Needy Families (TANF) program are included in annual income: ® Qualify as assistance under the TAN program definition at 45 CFR 260.31; and ® Are otherwise excluded from the calculation of annual income per 24 CFR 5.609(c). If the welfare assistance payment includes an amount specifically designated for shelter and utilities that is subject to adjustment by the welfare assistance agency in accordance with the actual cost of shelter and utilities, the amount of welfare assistance income to be included as income shall consist of: ® the amount of the allowance or grant exclusive of the amount specifically designated for shelter or utilities; plus ® the maximum amount that the welfare assistance agency could in fact allow the family for shelter and utilities. If the family's welfare assistance is reduced from the standard of need by applying a percentage, the amount calculated under 24 CFR 5.609 shall be the amount resulting from one application of the percentage. g) Alimony, Child Support, & Gift Income. Periodic and determinable allowances, such as alimony and child support payments, and regular contributions or gifts received from organizations or from persons not residing in the dwelling. h) Armed Forces Income. All regular pay, special day and allowances of a member of the Page 8 Armed Forces (except as provided in number g of Income Exclusions). Adjusted income is derived from HUD or U.S. Census Sources of income derived from 24 CFR 5.609 paragraph (b) of the Code of Federal Regulations (April 1, 2004) exclude: Income EXCLUSIONS a) Income of Children. Income from employment of children (including foster children) under the age of 18 years. b) Foster Care Payments. Payments received for the care of foster children or foster adults (usually persons with disabilities, unrelated to the tenant family, who are unable to live alone). c) Inheritance and Insurance Income. Lump -sum additions to. family assets, such as inheritances, insurance payments (including payments under health and accident insurance and worker's compensation), capital gains and settlement for personal or property losses (except as provided in number e) of Income Inclusions). d) Medical Expense Reimbursements. Amounts received by the family that are specifically for, or in reimbursement of, the cost of medical expenses for any family member. e) Income of Live-in Aides. Income of a live-in aide (as defined in 24 CFR 5.403). f) Disabled Persons. Certain increases in income of a disabled member of qualified families residing in HOME -assisted housing or receiving HOME tenant -based rental assistance (24 CFR 5.671(a)). g) Student Financial Aid The full amount of student financial assistance paid directly to the student or to the educational institution. h) Armed Forces Hostile Fire Pay. The special pay to a family member serving in the Armed Forces who is exposed to hostile fire. i) Self -Sufficiency Program Income. a. Amounts received under training programs funded by HUD. b. Amounts received by a person with a disability that are disregarded for a limited time for purposes of Supplemental Security Income•eligibility and benefits because they are set aside for use under a Plan to Attain Self -Sufficiency (PASS). c. Amounts received by a participant in other publicly assisted programs that are specifically for, or in reimbursement of, out-of-pocket expenses incurred (special equipment, clothing, transportation, childcare, etc.) and which are made solely to allow participation in a specific program. d. Amounts received under a resident service stipend. A resident service stipend is a modest amount (not to exceed $200 per month) received by a resident for performing a service for the PHA or owner, on a part-time basis, that enhances the quality of life in the development. Such services may include, but are not limited to, fire patrol, hall monitoring, lawn maintenance, resident initiatives coordination, and serving as a member of the PHA's governing board. No resident may receive more than one such stipend during the same period of time. e. Incremental earnings and benefits resulting to any family member from participation in qualifying state or local employment training programs (including training not affiliated with a local government) and training of a family member as resident management staff. Amounts excluded by this provision must be received Page 9 under employment training programs with clearly defined goals and objectives, and are excluded only for the period during which the family member participates in the employment training program. j) Gifts. Temporary, nonrecurring, or sporadic income (including gifts). k) Reparations. Reparation payments paid by a foreign government pursuant to claims filed under the laws of that government by persons who were persecuted during the Nazi era. 1) Income from Full-time Students. Earnings in excess of $480 for each full-time student 18 years old or older (excluding the head of household or spouse). m) Adoption Assistance Payments. Adoption assistance payments in excess of $480 per adopted child. n) Social Security & SSI Income. Deferred periodic amounts from SSI and Social Security benefits that are received in a lump sum amount or in prospective monthly amounts. o) Property Tax RefundsAmounts received by the family in the form of refunds or rebates under state or local law for property taxes paid on the dwelling unit. p) Home Care Assistance. Amounts paid by a state agency to a family with a member who has a developmental disability and is living at home to offset the cost of services and equipment needed to keep this developmentally disabled family member at home. q) Other Federal Exclusions. Amounts specifically excluded by any other federal statute from consideration as income for purposes of determining eligibility or benefits under a category of assistance programs that includes assistance under any program to which the exclusions of 24 CFR 5.609(c) apply, including: ® The value of the allotment made under the Food Stamp Act of 1977; ® Payments received under the Domestic Volunteer Service Act of 1973 (employment through VISTA, Retired Senior Volunteer Program, Foster Grandparents Program, youthful offender incarceration alternatives, senior companions); ® Payments received under the Alaskan Native Claims Settlement Act; ® Income derived from the disposition of funds to the Grand River Band of Ottawa Indians; ® Income derived from certain submarginal land of the United States that is held in trust for certain Indian tribes; ® Payments or allowances made under the Department of Health and Human Services' Low -Income Home Energy Assistance Program; ® Payments received under the Maine Indian Claims Settlement Act of 1980 ( 25 U.S.C. 1721); ® The first $2,000 of per capita shares received from judgment funds awarded by the Indian Claims Commission or the U.S. Claims Court and the interests of individual Indians in trust or restricted lands, including the first $2,000 per year of income received by individual Indians from funds derived from interests held in such trust or restricted lands; ® Amounts of scholarships funded under Title IV of the Higher Education Act of 1965, including awards under the Federal workstudy program or under the Bureau of Indian Affairs student assistance programs; ® Payments received from programs funded under Title V of the Older Americans Act of 1985 (Green Thumb, Senior Aides, Older American Community Service Employment Program); ® Payments received on or after January 1, 1989, from the Agent Orange Settlement Page 10 Fund or any other fund established pursuant to the settlement in the In Re Agent Orange product liability litigation, M.D.L. No. 381 (E:D.N.Y.); ® Earned income tax credit refund payments received on or after January 1, 1991, including advanced earned income credit payments; ® The value of any child care provided or arranged (or any amount received as payment for such care or reimbursement for costs incurred for such care) under the Child Care and Development Block Grant Act of 1990; ® Payments received under programs funded in whole or in part under the Job Training Partnership Act (employment and training programs for Native Americans and migrant and seasonal farm workers, Job Corps, veterans employment programs, state job training programs and career intern programs, AmeriCorps); ® Payments by the Indian Claims Commission to the Confederated Tribes and Bands of Yakima Indian Nation or the Apache Tribe of Mescalero Reservation; ® Allowances, earnings, and payments to AmeriCorps participants under the National and Community Service Act of 1990; ® Any allowance paid under the provisions of 38 U.S.C. 1805 to a child suffering from spina bifida who is the child of a Vietnam veteran; ® Any amount of crime victim compensation (under the Victims of Crime Act) received through crime victim assistance (or payment or reimbursement of the cost of such assistance) as determined under the Victims of Crime Act because of the commission of a crime against the applicant under the Victims of Crime Act; and ® Allowances, earnings, and payments to individuals participating in programs under the Workforce Investment Act of 1998. VII. TENANTS Tenant -occupied units are not eligible for this program, with the exception of tenants wishing to purchase their single-family unit through the DAP program. This option would only be available if all other qualifications apply (location, condition of property and income). VIII. LEASE OPTIONS Under certain circumstances lease option purchases are allowed under the DAP program. The contract must be entered into within the time frame allowed in the grant, and must close within the allowable time frames. Ix. PROPERTY To be eligible for program financing, properties must comply with the following criteria: Location Units to be purchased with DAP funds must be located in the incorporated area of the City of Ukiah, excluding portions subject to flooding. The City reserves the option of completing the "eight step" process for areas subject to flooding, converting to exempt status, and including these areas at the discretion of the Page 11 Community Development Manager. 2. Occupancy This program is for first time homebuyers (see definition). This is for a principal residence, owner occupied. 3. Title Property owners shall hold land in fee title. 4. Condition To qualify, the home must meet local building codes. X. TYPES OF FINANCING AND TERMS Maximum Loan Amount Maximum total assistance with DAP funds will be revised to reflect current market conditions, but cannot exceed forty-nine percent (49%) of the total financing on the property. Total indebtedness against property will not exceed 100% for the entire term of the loan(s). Maximum loan amount for HOME assistance cannot exceed the per-unit dollar limits (221(d) (3) limits), established by HUD under 24 C.F.R. 92.250. Please see Attachment C for current HOME -assisted loan limits. Deferred Payment Loans (DPLs) A DPL is a loan secured by a deed of trust with no payback required until the borrower sells or transfers title or discontinues residence in the dwelling during the affordability period. The borrower must maintain the property as their primary residence for the full term of the loan. When specific circumstances occur, the DPL becomes immediately due and payable. Payments may be made voluntarily on a DPL. Below Market Interest Rate (BMIR) Loans DPL loans secured by a deed of trust will bear a fixed simple interest rate of Three per cent (3%) per annum on the unpaid principal balance. The term of all loans will be for 30 years unless a longer period is deemed necessary to protect the integrity of the loan. There will be no prepayment penalty. M- =- Applicants . Applicants must have incomes below 80% of the median income for Mendocino County adjusted for family size. Page 12 Affordability is based upon an applicant qualifying for a first mortgage payment typically of no more than 35% of gross income applied to housing costs, unless differing from the requirements of the applicable funding source (this may be reviewed and adjusted on a case by case basis). Housing costs include mortgage payments on the subject property, real estate taxes and insurance (PITT). Determining Loan Amounts DAP loan amount(s) should be decided on the criteria of minimum amount necessary to make the home buying possible. This ensures the maximum number of eligible homebuyers may be assisted through the program. Besides this, the program will have a standard household debt/income ratio maximum of 35% for primary financing, unless differing from the requirements of the applicable funding source (this may be reviewed on a case by case basis. The overall debt/income ratio is not to exceed 50% (this may also be reviewed on a case by case basis and subject to the requirements of the applicable funding source). Requirements for Primary Financer Primary financing must be with a conventional lender and must be for the maximum amount possible. The loan must have a fixed interest rate within 100 basis points of the Fannie Mae published rate, be fully amortizing, and must have a minimum loan term of 30 years. XI. LOAN DOCUMENTS Examples of all loan documents are to be found in Attachment A. XII. CLOSING COSTS Closing costs incurred during the processing of a loan application will normally be paid by the applicant out of loan proceeds. These costs, which may vary among applications, may include: credit report fee(s), appraisal fee, title insurance fee, escrow fee, pest control report fees, and recording fees and other miscellaneous fees. These may be part of the DAP loan, if allowed under the guidelines of the original funding source. However, it is preferred that closing costs be paid from the buyer's contribution to the purchase. XIII. SECURITY Property to be purchased shall act as security for the loan(s). All loans shall be secured by a Promissory Note and Deed of Trust, which shall be recorded. The DAP loan(s) will serve in a junior lien position(s). Lien position of the loan(s) from DAP will depend on the position requirements of the particular funding source. F14viongeDN 1 WMIZI WaN A. Owner -Occupants Page 13 In the event that an owner -occupant sells, transfers title, or discontinues residence in the property for any reason, the loan is due and payable. 2. If, however, the owner -occupant who qualifies for DAP financing dies, and if the heir to the property lives in the house and is income -eligible, the heir may be permitted, upon approval of the city to assume the loan at the rate and terms he or she qualifies for under current participation guidelines, dependent on whether allowable by the funding source. 3. If the owner -occupant who qualifies for DAP financing dies and the heir is not income -eligible, the loan is due and payable. 4. Specific HOME requirements for heirs: ® Homeowner (original borrower) dies but household (excepting original borrower) stays unchanged from application—income does not need to be verified, and as long as the surviving household member(s) continues to occupy the unit as their principle residence the loan would not be due and payable. ® Homeowner (original borrower) dies and the heir (who was not part of the original household) is living in the unit. If the heir continues to live in the unit and is income qualified (verification is needed), the loan would not be due and payable. ® Homeowner (original borrower) dies and the heir (who was not a part of the original household) does not reside in the home. If the heir agrees to live in the unit and is income qualified (verification is needed), the loan would not be due and payable. ® If the heir does not agree to live in the home and/or is not income qualified (verification is needed), the loan is due and payable. 4. If the owner -occupant who qualifies for DAP financing dies and the heir is not income -eligible, but he or she chooses to rent the unit to low-income families and agrees to comply with owner -investor restrictions, the heir may be permitted, upon approval of the city to assume the loan at the same rate and terms offered investors under current program guidelines. If the heir does not comply with investor restrictions, the loan is due and payable. Note: Renting the unit as described above is not allowable if the source of the DAP assistance is HOME. 5. If an owner wants to convert the property to any commercial or non-residential use, the loan is due and payable. Verification of owner -occupant status will be required on an annual basis and will require the homebuyer to submit such items as property tax statements showing homeownership exemption and insurance policies. Page 14 A transfer of title will automatically result in the loan being due and payable except when: a. A transfer where the spouse becomes an owner of the property. b. A transfer resulting from a decree of dissolution of marriage, legal separation agreement, or from an incidental property settlement agreement by which the spouse becomes an owner of the property; or C. A transfer into an inter vivos trust in which the homebuyer is and will remain the beneficiary and occupant of the property. XVI. HOUSING COUNSELING Home buyer Education Learning Program (HELP) CDC will provide a series of housing counseling seminars. The program is a HUD - approved seminar consisting of 5 modules. 1. Budgeting for your home purchase 2. Shopping for your home 3. Shopping for your lender 4. Now you are ready to close 5. How to care for your home after closing The five modules cover, but are not limited to, the following: preparing for homeownership; available financing and credit analysis; loan closing and homebuyer responsibilities; home maintenance and budgeting for mortgage payments and other expenses; the impact of refinancing on the long-term; and financial health of the homebuyer. A certificate of successful completion of homebuyer education shall be issued to each prospective homeowner 2. Individual Development Accounts Qualified individuals and families who successfully complete HELP may be eligible for up to $15,000 in matching funds. Please contact the CDC office for details. XVII. APPLICANT SELECTION AND LOAN CLOSING A. Loan Committee 1. Purpose The function of the Loan Committee will be to review and act on applications recommended by program staff for financing. The Committee shall review applications in terms of: eligibility, compliance with all program Page 15 requirements, and consistency of staff recommendations regarding loan terms and type(s) of assistance to be provided. 2. Composition The Committee will consist of two members of the Community Development Commission of Mendocino County Board of Commissioners and the Executive Director of the Community Development Commission of Mendocino County. 3. Meetings The Loan Committee shall meet periodically to review and act on applications. A quorum shall exist and all minutes shall be recorded. A quorum is a simple majority of the full committee. 4. Action Action of the Loan Committee shall be by majority vote. B. Application Processing Staff shall gather any necessary financial information to determine applicant eligibility and repayment ability. An application consists of: 1. An application form containing financial and household information regarding the potential homeowners. 2. A form containing necessary income and household information. All applicants over the age of 18 years of age will have their income verified by use of one or more of the following forms. a. Request for Verification of Employment b. Verification of Public Assistance C. Three years Income tax information (1040s, etc.) d. Benefit letters for sources of public assistance or pensions 3. Credit evaluations and income, employment and mortgage verifications as obtained by staff. 4. Preliminary Title Report and Appraisal of current market value will be required. 5. Landlord verifications and ratings. C. Application Selection A Loan Committee Report (LCR) will be prepared for all loan applications Page 16 determined by staff to be eligible for DAP loan(s). The LCR and the application will be brought before the Loan Committee for approval. General lending criteria that will be used to assist in evaluating the applications of eligible applicants for financial assistance will include: The ability and willingness of an applicant to repay the primary loan. The housing debt/income ratio is not to exceed 35% except on a case-by-case basis, or if differing from the requirements of the applicable funding source. All existing liabilities and new housing payment ratios are not to exceed 50%, except on a case-by-case basis. 2. All recommendations for loans shall be developed by the Community Development Manager or his/her designee(s) and submitted to the Loan Committee. The Community Development Manager's (or designee's) recommendations shall be submitted in written form and shall propose the terms of the loan, interest rate, special conditions, and whether the loan should be approved or denied. All applications shall be submitted for consideration regardless of whether the recommendation is for approval or denial. All DAP Loans must be approved by the Loan Committee. In order to obtain DAP financing, applicants must meet all property and income eligibility guidelines and Housing Counseling Programs in effect at the time of loan approval. Applicants will be provided written notification of approval or denial. Reason for denial will be provided to the applicants in writing. An appropriate funding cut off point established for each review period will determine the number of applications that may be approved for funding at that particular time. Qualified applications not selected for funding during one review period will be automatically reconsidered during a subsequent period E. Loan Closing The Community Development Manager or Staff will provide the execution of all necessary loan documents to submit to the Title Company. F. Appeals Objections by any applicant as to policy, procedures, method of operation or decisions by the Program CDC staff or Loan Committee will be referred to the Executive Director. The Executive Director will schedule a hearing for the applicant and establish hearing procedures. Decisions of the Loan Committee will be based upon its interpretation of the Program Policies and Administrative Procedures. Page 17 XVIII. INSURANCE A. Hazard Insurance The borrower shall maintain hazard insurance on the property for the duration of the loan(s). This insurance must be an amount adequate to cover all encumbrances on the property. The insurer must identify the City of Ukiah as Loss Payee for the amount of the loan(s). Proof of insurance shall be provided to the CDC. B. Flood Insurance Properties in Flood Prone areas are not eligible for DAP financing. In the event the property is designated a "flood prone" area after purchase, owners agree to purchase flood insurance. This policy must endorse the City of Ukiah as additional -insured. XIX. DELINQUENCIES, DEFAULTS AND FORECLOSURES A. Policy DAP loans are deferred payment loans. Payments may be made on a voluntary basis, but are not required unless the applicant defaults on the terms of the loan. In those incidences The City of Ukiah acknowledges that circumstances beyond a borrower's control may temporarily limit his/her ability to meet loan terms. The City of Ukiah desires to be flexible enough so that in cases of: death of a family member, loss of job, divorce and major illness loan terms may be modified. While the City of Ukiah, in this policy, outlines a system that can accommodate crises that restrict borrowers' ability to meet loan terms, it should in no way be misunderstood. Loan terms must be fulfilled. The City of Ukiah will pursue all legal means to ensure fulfillment of loan terms. XX. AFTER -PURCHASE PROPERTY MAINTENANCE ALL DAP Loans require the borrower: 1. To protect and preserve said property and to maintain it in good condition and repair; 2. Not to remove, demolish or materially alter any building or any improvement thereon. 3. To complete or restore promptly and in good workmanlike manner any building or improvement that may be constructed, damaged or destroyed thereon and pay when due all costs incurred therefore; and to comply with all of the terms of any loan agreement between Trustor and Beneficiary; 4. Not to commit or permit waste of the property; 5. To comply with all laws, covenants, conditions or restrictions affecting the property; 6. To cultivate, irrigate, fertilize, fumigate, prune and do all other acts that from the character or use of said property may be reasonably necessary, the specific enumerations herein not excluding the general. These conditions help assure that the property does not revert to a substandard state. B. Procedure When the City of Ukiah becomes aware that property is not being properly maintained it shall: 1. Provide the borrower in writing: a. a list of needed repairs or maintenance items b. a recommendation as to a solution to the deficiencies C. a request that the repairs be performed within 60 days 2. At the end of the 60 -day period, City of Ukiah staff shall inspect the property. If the needed repairs have not been performed, staff shall set an appointment with the borrower to discuss why maintenance has not been performed. 3. Following the visit and inspection, the borrower will be given 60 days to make the necessary repairs. The borrower will be given written notice at the start of this phase that if repairs are not performed within 60 days the borrower will be considered to be in default. 4. If repairs are not performed within 60 days of the notice outlined in Item 3, the City of Ukiah may begin foreclosure proceedings. XXI. REUSE PLAN All repayments of loan principal and interest shall be deposited to separately maintained reuse accounts. Funds in the reuse accounts shall only be used for eligible activities as defined by the original funding source and shall only be used in eligible areas as defined by the original Standard Agreement. Reuse Plans for different funding sources are in Attachment B. XXII. AMENDMENTS Amendments to these Policies and Procedures may be made by the City and will be submitted to the California Department of Housing and Community Development for approval. Where Page 19 changes in the guidelines would adversely affect program applications already under review, such applications will be evaluated under the guidelines in effect at the time of application. XXIII. RELOCATION POLICY Note: HOME -funded loans cannot be provided if the home is tenant -occupied, unless the tenant wishes to purchase the home or if the home is vacant for 90 days prior to open of escrow. RESIDENTIAL ANTI -DISPLACEMENT AND RELOCATION ASSISTANCE PLAN CITY OF UKIAH The jurisdiction will replace all occupied and vacant occupiable low/moderate-income dwelling units demolished or converted to a use other than as low/moderate-income housing as a direct result of activities assisted with funds provided under the Housing and Community Development Act of 1974, as amended, as described in 24 CFR 470.606 (b) (1) and 24 CFR 92. All replacement housing will be provided within three years of the commencement of the demolition or rehabilitation relating to conversion. Before obligating or expending funds that will directly result in such demolition or conversion, the jurisdiction will make public and submit to the Department the following information in writing: 1. A description of the proposed assisted activity; 2 The general location on a map and approximate number of dwelling units by size (number of bedrooms) that will be demolished or converted to a use other than as low/moderate-income dwelling units as a direct result of the assisted activity; 3. A time schedule for the commencement and completion of the demolition or conversion; 4. The general location on a map and approximate number of dwelling units by size (number of bedrooms) that will be provided as replacement dwelling units. 5. The source of funding and a time schedule for the provision of replacement dwelling units; 6. The basis for concluding that each replacement dwelling unit will remain a low/moderate- income dwelling unit for at least 5 years from the date of initial occupancy. The jurisdiction will provide relocation assistance to each low/moderate-income household displaced by the demolition of housing or by the conversion of a low/moderate-income dwelling to another use as a direct result of assisted activities. Consistent with the goals and objectives of activities assisted under the Act, the jurisdiction will take the following steps to minimize the displacement of persons from their homes: A. Steps to Minimize or Prevent Displacement Page 20 1. Use available funds to provide seed money grants or loans, long-term mortgage loans at favorable rates, or capital grants to tenant groups of multi -family buildings to help them convert to cooperatives. 2. Stage rehabilitation of assisted housing to allow tenants to remain during and after rehabilitation, working with empty building or groups or empty units first so they can be rehabilitated first and tenants moved in before rehab on occupied units or building is begun. 3. Establish temporary relocation facilities in order to house families whose displacement will be of short duration, so they can move back to their neighborhoods after rehabilitation or new construction. 4. Evaluate housing codes and rehabilitation standards in reinvestment areas to prevent their placing undue financial burden on long-established owners or on tenants of multi- family buildings. 5. Provide counseling via Government or non-profit organizations to assist homeowners and renters to understand the range of assistance that may be available to help them in staying in the area in the face of revitalization pressures. 6. Shift the concentrated demand generated by intense investment in one or two neighborhoods to other neighborhoods by: (a) targeting public improvements into several other neighborhoods with potential for revitalization; (b) conduction of advertising campaigns to attract interest in other neighborhoods. B. Steps to Assist Displaced Persons to Remain in their Present Neighborhood 1. Provide lower-income housing in the neighborhood through HUD housing programs; purchase units as is; rehabilitate vacant units; 2. Give Priority in assisted housing units in the neighborhood to area residents facing displacement. 3. Target Section 8 existing program certificated to households being displaced, and recruit area landlords to participate in the program. 4. Provide counseling and referral services to assist displacees find alternate housing in the neighborhood. 5. Work with area landlords and real estate brokers to locate vacancies for household facing displacement. C. Steps to Otherwise Mitigate Adverse Effects of Displacement 1. Use of public funds, such as CDBG funds, to pay moving costs and provide relocation payments, or require private developers to provide compensation to persons displaced by development activities. Page 21 2. Give displacees priority in obtaining subsidized housing units. 3. Provide counseling and referral services to assist displacees to locate elsewhere in the community or metropolitan area. D. Additional Procedures for Acquisition of Single -Family Homes (HOME funds) When the jurisdiction uses HOME funds to obtain a single-family home, or to provide financial assistance in such a transaction, the URA and its implementing regulations (49 CFR part 24) will be adhered to. Policies and Procedures described in HUD Handbook 1378, Chapters 1 through 6 and Chapter 8 will be implemented, and those specific to the HOME program described on pages 8-17 through 8-23, will be followed. 1. Unit occupied by home owner. The home owner will be notified in writing that the jurisdiction: ® Will not use its power of eminent domain to acquire the property. The homeowner will be informed in writing of the jurisdictions estimate of the fair market value to the property. These notices will be issued at the earliest possible date. 2. Unit occupied by tenant. The homeowner will receive the notifications stated above. In additions, the tenant will be issued a notice at the earliest possible date. The notice will include all information required under URA ihcluding a caution not to move prematurely, and information on relocation assistance. Information on comparable replacement units will be provided, as well as material on social services and housing programs. Upon moving, the tenants will be provided with moving expenses and rent differential, (per URA) where applicable. A notice informing tenants of the date they will be required to move will be issued. If a unit is vacant at the time of negotiation of sales, or becomes vacant later, any prospective tenant will be notified of the pending sale, informed that they may be required to move, and that they will not be entitled to relocation assistance. The issuing of all notices and the processing of relocation assistance will be the responsibility of the Community Development Commission of Mendocino County. Affirmative Action The Downpayment Assistance Program will utilize affirmative marketing procedures. The purpose of these marketing procedures is to attract eligible persons to the program, without regard to race, color, national origin, sex, religion, familial status or disability. To insure that affirmative marketing goals are met, the following are required: 1. Inform the public about federal housing laws by displaying fair housing logo on generated materials, posting fair housing posters in visible public areas in CDC offices CDC Page 22 and providing fair housing information to all participants at housing counseling sessions. Copies of distributed fair housing materials will be kept in file by the CDC. 2. The CDC will advertise the program via local newspapers and radio when possible. Also, information will be provided to local lenders, realtors, and title companies. 3. Outreach will be done annually to community groups and service organizations with the focus being on groups that serve those who are less likely to access information through the means listed previously (i.e. disabled, developmentally disabled, farmworkers, non-English speaking, etc.). 4. Those responding to marketing efforts requiring special accommodations will be accommodated whenever possible (i.e. counseling with translators for non-English speakers, counseling with case workers for developmentally disabled, etc.). 5. Records detailing affirmative marketing efforts will be maintained by the CDC. These records will be assessed annually by the CDC and compared to most recent data. If it is found from this review that affirmative marketing efforts are under serving any populations of the City of Ukiah, then procedures will be developed to outreach to those populations. The CDC will keep accurate, up-to-date records of the following (as required by 24 CFR 107.30): 1. Race, ethnicity gender disability, and age of the target area residents; 2. The location of housing -related activities; 3. Demographic characteristics of all applicants and those who have been selected; 4. The efforts utilized to inform and recruit potential applicants; and 5. The criteria for selecting participants. The CDC will keep the following records for the most recent five year period, as required by 24 CFR 92.598: 1. Data on applications received from each racial and ethnic group and single -headed households, and on those chosen to participate in or benefit from any program or activity funded in whole or in part with HOME funds or other funding sources; 2. Documentation of actions undertaken to meet the requirements of Section 3, when applicable; 3. Documentation of actions taken to affirmatively market the program; 4. Documentation of actions taken to comply with affirmative action procedures for projects with 5 or more units, when applicable, and 5. Documentation and data on the steps taken to implement the required outreach to MBE/WBEs, including data indicating the racial/ethnic or gender character of each business receiving a HOME -funded contract or subcontract of $25,000 or more; the amount of the contract or subcontract; and documentation of the steps taken to assure that MBE/WBEs are encouraged to obtain or compete for contracts and subcontracts as sources of supplies, equipment, construction and services, when applicable. Inspections will be performed by Housing Inspectors of the Community Development 23 Commission of Mendocino County. Housing Inspectors will inspect for the following: 1. Compliance with HQS standards (not applicable to HOME) 2. Compliance with local codes 3. Visual assessment for lead-based hazards 4. For HOME, compliance with local code and health and safety Housing Inspectors have been trained in housing quality standards and local applicable codes. They have also been certified for conducting visual assessment for lead hazards. Inspections must be performed during the escrow period. All information in the inspection process is documented and provided to the buyer. All remedial actions must be taken and a final inspection with approval must be performed before a loan is approved. All properties eligible for purchase must meet health and safety code requirements at the time of occupancy and no later than six months after transfer of ownership. If the inspector finds that health and safety or code violations still exist, HOME DAP loans will not be provided. 24 25 "PUBLIC AGENCY BUSINESS: FREE." This document is presented for recording pursuant to Gov. Code 6103. Community Development Commission of Mendocino County. RECORDING REQUESTED BY WHEN RECORDED MAIL TO: Community Development Commission 1076 North State Street Ukiah, CA 95482 CITY OF UKIAH DOWN PAYMENT ASSISTANCE LOAN DEED OF TRUST (HOME) THIS DEED OF TRUST CONTAINS PROVISIONS RESTRICTING ASSUMPTIONS RESALE AND RECAPTURE FEATURES THIS DEED OF TRUST is made this _ day of , 200_ between as Trustor; as Trustee and THE City of Ukiah, as Beneficiary. TRUSTOR, in consideration of the indebtedness recited and the trust created in this Deed of Trust, irrevocably grants and conveys to Trustee, in trust, with power of sale, the following described property located in the City of Ukiah, State of California: "This Deed of Trust is Junior and Subordinate to the Deed of Trust recording concurrently herewith for the benefit of (the Beneficiary)." Together with all the improvements now or hereafter erected on the property, which has the address of and all easements, rights, appurtenances, rents (subject, however, to the rights and authorities given in this Deed of Trust to Lender to collect and apply such rents), royalties, mineral, oil and gas rights and profits, water, water rights, and water stock, and all fixtures now or hereafter attached to the property, all of which, including replacements and additions thereto, shall be deemed to be and remain a part of the property covered by this Deed of Trust; and all of the foregoing, together with said property, are referred to in this Deed of Trust as the "Property." The loan evidenced by the Note and secured by this Security Instrument (the "Loan") is being made pursuant to (the Home Investment Partnerships Program and the regulations issued thereunder (Title II, the Cranston -Gonzalez National Affordable Housing Act, Public Law No. 101-625, 104 Stat. 4079 (1990), 24 C.F.R. Part 92) (the "Home Program")). TO SECURE to Lender (a) the repayment of the indebtedness evidenced by Borrower's note dated, and incorporated by reference in this Deed of Trust (the "Note") in the principal sum of ($XXXX) plus contingent interest on the principal sum in the amount and on the terms described in the Note; the payment of all other sums, with interest thereon, advanced to protect the security of this Deed of Trust; and the performance of the covenants and agreements of the Borrower 26 contained in this Deed of Trust in the Note. Borrower covenants that Borrower is lawfully seised of the estate conveyed by this Deed of Trust and has the right to grant and convey the Property, that, with the exception of a prior deed of trust securing a loan in the principal amount of $XXXXX . Property is unencumbered, and that Borrower will warrant and defend generally the title to the Property against all claims and demands, subject to any declarations, easements or restrictions listed in a schedule of exceptions to coverage in any title insurance policy insuring Lender's interest in the Property. Borrower and Lender covenant and agree as follows: Payment of Principal and Interest. Borrower shall promptly pay when due the principal of and interest on the indebtedness evidenced by the Note. 2. Occupancy. Borrower and his or her immediate family shall be the sole occupants of the Property conveyed by this Deed of Trust. This restriction includes, but is not limited to, prohibition of Borrower's renting or otherwise leasing the Property. 3. Sale or Transfer of Property. Before sale or transfer of title, the Borrower, or the Borrower's representative, shall notify the Lender of his or her intention to sell or otherwise transfer title. Except as otherwise provided in this Deed of Trust, when Borrower transfers title, the entire Loan which is evidenced by the Note shall be immediately due and payable. Where title is transferred to or otherwise altered to include or favor a spouse or person signing the Note, and such spouse or person resides on the Property conveyed in this Deed of Trust and is independently eligible for assistance under the Program, the transfer or alteration in title shall not result in acceleration of the Loan evidenced by the Note. Similarly, when a spouse or person signing the Note takes title -to the Property which secures this Deed of Trust by devise, descent or by operation of law upon the death of a joint tenant and such spouse or person resides on the Property and is independently eligible for assistance under the Program, the transfer of title shall not result in acceleration of the loan evidenced by the Note. 4. Resale -Recapture Provisions. The following provisions restricting resale per HOME regulations will apply for a period of up to 15 years. This is known as the "affordability period". The net proceeds shall be repaid to the State Recipient. (City of Ukiah)to assist another first-time homebuyer to obtain a home within the City of Ukiah. The amount of the HOME subsidy repaid to the State Recipient (City of Ukiah), at sale, is called "net proceeds." Net proceeds includes the sales price minus loan repayment and closing costs. If the net proceeds are insufficient to repay both the HOME investment plus the homeowner's investment, the City of Ukiah may forgive a prorated share of the net proceeds based on the amount of time the homeowner occupied the unit during the afford ability period. When the net proceeds are not enough to repay the full HOME investment, the homeowner will not recover more than his or her investment. 5. Charges; Liens. Borrower shall pay all taxes, assessments and other charges, fines and impositions attributable to the Property which may attain a priority over this Deed of Trust when due. Borrower shall promptly pay when due all installments or payments required by and comply with all obligations of any deed of trust that is prior to this Deed to Trust. 6. Hazard Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage", and such other hazards as Lender may require and in such amounts and for such periods as 27 Lender may require. All insurance policies and renewals thereof shall be in form acceptable to Lender and shall include a standard mortgagee clause in favor of and in a form acceptable to Lender. Subject to the rights of the holder of a prior deed of trust, Lender shall have the right to hold the policies and renewals thereof, and Borrower shall promptly furnish to Lender all renewal notices and all receipts of paid premiums. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss, if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, provided such restoration or repair is economically feasible and the security of this Deed of Trust is not thereby impaired. If such restoration or repair is not economically feasible, or if the security of this Deed of Trust would be impaired, the insurance proceeds shall be treated as if received from a sale of the Property, or, of that part of the Property damaged and shall be applied, in the manner described in Section 11 herein below, to the sums secured by this Deed of Trust. If the property is abandoned by Borrower, or if Borrower fails to respond to Lender within 30 days from the date notice is mailed by Lender to Borrower that the insurance carrier offers to settle a claim for insurance benefits, Lender is authorized to collect and apply the insurance proceeds at Lender's option either to restoration or repair of the Property or to the sums secured by this Deed of Trust. 7. Subordination. Agency and Borrower acknowledge and agree that this Security Instrument is subject and subordinate in all respects to the liens, terms, covenants and conditions of the First Deed of Trust and to all advances heretofore made or which may hereafter be made pursuant to the First Deed of Trust including all sums advanced for the purpose of (a) protecting or further securing the lien of the First Deed of Trust, curing defaults by the Borrower under the First Deed of Trust, or for any other purpose expressly permitted by the First Deed of Trust or (b) constructing, renovating, repairing, furnishing, installing fixtures or equipping the Property. The terms and provisions of the First Deed of Trust are paramount and controlling, and they supersede any other terms and provisions hereof in conflict therewith. In the event of a foreclosure or deed in lieu of a foreclosure of the First Deed of *Trust, or an assignment of the Deed of Trust to the Secretary of Housing and Urban Development, any provisions herein or any provisions in any other collateral agreement restricting the use of the Property to low or moderate income households or otherwise restricting the Borrower's ability to sell the Property shall have no further force or effect on subsequent owners or purchasers of the Property. Any person, including his successors or assigns (other than the Borrower or a related entity of the Borrower), receiving title to the Property through a foreclosure or deed in lieu of foreclosure of the First Deed of Trust shall receive title to the Property free and clear from such restrictions. Further, if the Senior Lien Holder acquires title to the Property pursuant to a deed in lieu of foreclosure, the lien of this Security Instrument shall automatically terminate upon the Senior Lien Holder's acquisition of title, provided that the Agency has been given written notice of a default under the First Deed of Trust and the Agency shall not have cured the default under the First Deed of Trust, or diligently pursued curing the default as determined by the Senior Lien Holder, within the 60 -day period provided in such notice sent to the Agency. 8. Preservation and Maintenance of Property. Borrower shall keep the Property in good repair and shall not commit waste or permit impairment or deterioration of the Property. 9. Protection of Lender's Security. If Borrower fails to perform the covenants and agreements contained in this Deed of Trust, or if any action or proceeding is commenced which materially affects Lender's interest in the Property, including but not limited to, default on or foreclosure or a prior deed of trust, eminent domain, insolvency, code enforcement, or arrangements or proceedings involving a bankrupt or decedent, then Lender at Lender's option, upon notice to 28 Borrower, make such appearances, disburse such sums and take such action as is necessary to protect Lender's interest including, but not limited to, disbursement of reasonable attorney's fees and entry upon the Property to make repairs. Any amounts disbursed by Lender pursuant to this Section 9, with interest thereon, shall become additional indebtedness of Borrower secured by this Deed of Trust. Unless Borrower and Lender agree to other terms of payment, such amounts shall be payable upon notice from Lender to Borrower requesting payment thereof, and shall bear interest from date of disbursement at the rate of 15 percent per annum, unless payment of interest at such rate would be contrary to applicable law, in which event such amounts shall bear interest at the highest rate permissible under applicable law. Nothing contained in this Section 9 shall require lender to incur any expense or take any action hereunder. 10. Inspection. Lender may make or cause to be made reasonable entries upon and inspections of the Property, provided that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Lender's interest in the Property. 11. Condemnation. Subject to the rights of the holder of a prior deed of trust, the proceeds of any award or claim for damages, director or consequential, in connection with any condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. In the event of a total taking of the Property, the proceeds shall be treated as if received from a sale of the Property. 12. Forbearance by Lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. The procurement of insurance of the payment of taxes or other liens or charges by Lender shall not be a waiver of Lender's right to accelerate the maturity of the indebtedness secured by this Deed of Trust. 13. Remedies Cumulative. All remedies provided in this Deed of Trust are distinct and cumulative to any other right or remedy under this Deed of Trust or afforded by law or equity, and may be exercised concurrently, independently or successively. 14. Successors and Assigns Bound; Joint and Several Liability. The covenants and agreements contained in this Deed of Trust shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Borrower, subject to the provisions of Section 17 hereof. All covenants and agreements of Borrower shall be joint and several. 15. Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice to Borrower provided for in this Deed of Trust shall be given by mailing such notice by certified mail addressed to Borrower at the Property Address or at such other address as Borrower may designate by notice to Lender as provided in this Section 15; and (b) any notice to Lender shall be given by certified mail, return receipt requested, to Lender's addresses stated in this Deed of Trust or to such other address as Lender may designate by notice to Borrower as provided in this Section 15. Any notice provided for in this Deed of Trust shall be deemed to have been given to Borrower or Lender when given in the manner designated herein. 16. Governing Law; Severability. This Deed of Trust shall be governed by the law of California. In the event that any provision or clause of this Deed of Trust or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Deed of Trust or the Note which can be given effect without the conflicting provision, and to this end the provisions of the Deed of Trust and the Note are declared to be severable. 17. Transfer of the Property. If all or any of the Property or an interest in it is sold or transferred by 29 Borrower, excluding permitted transfers to a spouse or other person signing the Note in the manner described in Section 3 above, all the sums secured by this Deed of Trust shall be immediately due and payable. In the event of such an acceleration, Lender shall mail Borrower notice of the acceleration in accordance with Section 15 hereof. Such notice shall provide a period of not less than 30 days from the date the notice is mailed within which Borrower may pay the sums declared due. If Borrower fails to pay such sums prior to the expiration of such period, Lender may, without further notice or demand on Borrower, invoke any remedies permitted by law, including but not limited to power of sale. 18. Default by Borrower. Upon default by Borrower in payment of any indebtedness secured hereby or in performance of any agreement hereunder, Lender may declare all sums secured hereby immediately due and payable by delivery to Trustee of written declaration of default and demand for sale and of written notice of default and of election to cause to be sold said property, which notice Trustee shall cause to be filed for record. After the lapse of such time as may then be required by law following the recordation of said notice of default, and notice of sale having been given as then required by law, Trustee, without demand on Lender, shall sell said property at the time and place fixed by it in said notice of sale at public auction to the highest bidder for cash in lawful money of the United States, payable at the time of sale. 19. Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of the sums secured by this Deed of Trust, Borrower shall have the right to have any proceedings begun by Lender to enforce covenants of this Deed of Trust relating to sums due and payable by Borrower discontinued at any time prior to five days before the Property is first scheduled for sale pursuant to the power of sale contained in this Deed of Trust or at any time prior to entry of a judgment enforcing this Deed of Trust, if: (a) Borrower pays Lender all sums which would be then due under this Deed of Trust, and (b) the Borrower pays all reasonable expenses incurred by Lender and Trustee, in enforcing the covenants and agreements of Borrower contained in this Deed of Trust and in enforcing Lender's and Trustee's remedies, including but not limited to, reasonable attorney's fees; and © Borrower takes such action as Lender may reasonably require to assure that the lien of this Deed of Trust, Lender's interest in the Property, and Borrower's obligation to pay the sums secured by this Deed of Trust shall continue unimpaired. Upon such payment and cure by Borrower, this Deed of Trust and the obligations secured hereby shall remain in full force and effect as if no acceleration had occurred. 20. Reconveyance. Upon payment of all sums secured by this Deed of Trust, Lender shall request Trustee to reconvey the Property and shall surrender this Deed of Trust and all notes evidencing indebtedness secured by this Deed of Trust to Trustee. Trustee shall reconvey the Property without warranty and without charge to the person or persons legally entitled thereto. Such person or persons shall pay all costs of recordation, if any. 21. Substitute Trustee. Lender, at Lender's option, may from time to time remove Trustee and appoint a successor trustee to any Trustee appointed under this Deed of Trust. Without conveyance of the Property, the successor trustee shall succeed to all the title, power and duties conferred upon the Trustee in this Deed of Trust and by applicable law. 22. Request for Notices. Borrower requests that copies of the notice of default and notice of sale be sent to Borrower's address which is the Property Address and to the Lender at: COMMUNITY DEVELOPMENT O 1076 NORTH STATE STREET UKIAH, CA 95482 30 IN WITNESS THEREOF, Borrower has executed this Deed of Trust. Borrower Date Borrower Date State of California: City of Ukiah: ss. On (date), before me, the undersigned, a notary public for the state, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorize capacity (ies), and that by his/her/ their signature(s) on the instrument the person(s) acted, executed the instrument. WITNESS my hand and official seal. (Signature of Notary) (Seal of Notary) (Printed Name) My commission expires CITY OF UKIAH DOWN PAYMENT ASSISTANCE LOAN (HOME) PROMISSORY NOTE UKIAH; CALIFORNIA FOR VALUE RECEIVED, THE UNDERSIGNED, Borrower(s) promises to pay on order THE CITY OF UKIAH, Lender, the principal sum of ($XXXXX) with interest from the date of execution on the unpaid principal at the simple interest rate of Three percent (3) per annum, until paid or upon the sale of the property located at: which secures this promissory note on all that certain real property situated in the City of Ukiah, State of California and being more particularly described as follows: All notices shall be sent to the following agency which shall provide service on this loan: Community Development Commission of Mendocino County 1076 North State Street Ukiah, CA 95482 Maturity date on this Note includes sale of property; change of title; or when property ceases to be primary residence of loan recipient. Payment of both principal and accrued interest is deferred until the earlier of (1) The expiration of 30 years from the date of execution of this note by the Borrower(s), or (2) The voluntary or involuntary transfer of title to or any interest in the real property that is the security for this Note, except a transfer to a Borrower's surviving spouse, or (3) Borrower and his or her immediate family are no longer occupants of the Property, at which time the whole of the unpaid principal and interest, plus applicable fees, charges and penalties, is immediately due and payable in full, unless otherwise approved by the County in its absolute discretion. The City may approve loan assumption, at its option, only if subsequent purchasers or transferee of the property meet the eligibility requirements then in effect per the Home Investment Partnership Program (HOME) regulations, Title 25 California Code of Regulations. Should loan assumption be approved the new purchaser must execute an assumption agreement confirming the agreement with the terms of the DAP loan. The whole of the unpaid principal and interest, plus applicable fees, charges and penalties, shall also become immediately due and payable in full, at the option of the City should the real property described above be refinanced or further encumbered without the City's written consent. Failure of the City to exercise such option shall not constitute a waiver of such default, regardless of subsequent acceptance of any payment hereunder by the City. The undersigned reserves the right to prepay at any time all or any part of the principal amount of this Note, without the payment of penalties or premiums. All payments shall be credited first on interest then due, then on principal. Interest shall thereupon cease on principal so credited. This NOTE is secured by a Deed of Trust ,given to as trustee and duly filed for record in Mendocino County. Any notice to Borrower provided for in this Note shall be given by mailing such notice by certified mail addressed to Borrower at the Property Address stated, or to such other address as Borrower may designate by notice to the Lender. Any notice to the Lender shall be given by mailing such notice by certified mail, return receipt requested, to the Lender at the address stated in the first paragraph of this Note, or at such other address as may have been designated by notice to Borrower. This indebtedness evidenced by this Note is secured by a Deed of Trust and reference is made to the Deed of Trust for rights as to acceleration of the indebtedness evidenced by this Note, including Section 17, which provides as follows: "Transfer of the Property; Assumption. If all or any part of the Property or an interest therein is sold or transferred by Borrower, excluding permitted transfers to a spouse or other person signing the Note in the manner described in Section 3 of the Deed of Trust, all the sums secured by this Note shall be immediately due and payable. In the event of such acceleration, Lender shall mail Borrower notice of acceleration in accordance with Section 15 thereof. Such notice shall provide a period of not less than 30 days from the date the notice is mailed within which Borrower may pay the sum declared due. If Borrower fails to pay such sums prior to the expiration of such period, Lender may, without further notice or demand on Borrower, invoke any remedies permitted by law, including but not limited to power of sale." IN WITNESS WHEREOF, this note has been duly executed by the undersigned as of its date. Borrower Dated: CDC Page 33 CDC Page 34 REUSE PLAN GOVERNING PROGRAM INCOME FROM HOME INVESTMENT PARTNERSHIPS PROGRAM (HOME) -ASSISTED ACTIVITIES FOR THE CITY OF UKIAH The purpose of this plan is to establish guidelines on the policies and procedures for the administration and utilization of program income received as a result of the activities funded under the State Home Investment Partnerships (HOME) Program. I1. Need for Plan Governing Reuse of Program Income This Reuse Plan is intended to satisfy the requirements specified in federal statute and regulation at 24 CFR 92.503 (a). These statutory and regulatory sections permit a recipient to retain program income for HOME -eligible activities. Ill. Program Income Defined Program income is defined in federal regulation at 24 CFR 92.2 which specifies that program income means gross income received by the participating jurisdiction, State recipient, or a subrecipient directly generated from the use of HOME funds or matching contributions. When program income is generated by housing that is only partially assisted with HOME funds or matching funds, the income shall be prorated to reflect the percentage of HOME funds used. Program income definition (from the California Department of Housing and Community Development Program Management Manual [Revised 3/30/00]): "Program income definition: for the purposes of the HOME program, program income (PI) means the gross income received by the participating jurisdiction (PJ) or State Recipient, or by another party at the direction of the PJ or State Recipient (or its contractor subrecipient) which is directly generated from the use of HOME Program or match funds. Income from open and closed HOME Program contracts generated under loan or grant security documents of all HOME Program projects remains PI and retains that identity throughout. The following are some of the most common examples of PI in the HOME Program: 1) Payments of principal and interest on loans made using HOME Program funds 2) Interest earned on PI pending its disposition and on HOME Program funds held in a local account 3) Net proceeds for the disposition by sale or long-term lease of real property purchased or improved with HOME Program funds 4) Gross income from the use of rental or real property that has been constructed or improved with HOME Program funds and that is owned (in whole or in part) by the State Recipient/CHDO [Community Housing Development Organization] PI includes interest earned on HOME Program funds during the 15 -day period between the State's receipt of new HOME Program funds from IDIS [the State] and actual disbursement of funds." Program-. Funds and Affordability Periods HOME funds used to assist homebuyers have affordability requirements. The minimum affordability requirements based on the amount of HOME assistance as set by 24 CFR 92.254 are as follows: CDC Page 35 Under $15,000 5 Vears $15,000 to $40,000 10 years Over $40,000 15 vears During the period of affordability, money paid back on the HOME assistance will be either program income or recapture funds. Funds are considered recaptured funds on a pro rata basis to reflect the number of years the homeowner has owned or occupied the housing when payment is made against the required affordability period (24 CFR 92.254(a)(5)(ii)(A)(2)). V. Program Income, Recaptured Funds and Administrative Costs Up to 10% of Program Income maybe used for administration. 100% of Recaptured Funds must be invested in another HOME -eligible activity. VI. Reuses of Program Income and Recaptured Funds Program Income The City's program income will be used only to fund eligible HOME activities as specified in federal statute 24 CFR 92.205(a): 1) HOME funds may be used by a participating jurisdiction to provide incentives to develop and support affordable rental housing and homeownership affordability through the acquisition (including assistance to homebuyers), new construction, reconstruction, or rehabilitation of non - luxury housing with suitable amenities, including real property acquisition, site improvements, conversion, demolition, and other expenses, including financing costs, relocation expenses of any displaced persons, families, businesses, or organizations; to provide tenant -based rental assistance, including security deposits; to provide payment of reasonable administrative and planning costs; and to provide for the payment of operating expenses of community housing development organizations. The housing must be permanent or transitional housing. The specific eligible costs for these activities are set forth in 92.206 through 92.209. 2) Acquisition of vacant land or demolition must be undertaken only with respect to a particular housing project intended to provide affordable housing. 3) Conversion of an existing structure to affordable housing is rehabilitation, unless the conversion entails adding one or more units beyond the existing walls, in which case, the project is new construction for purposes of this part. 4) Manufactured housing. HOME funds may be used to purchase and/or rehabilitate a manufactured housing unit, or purchase the land upon which a manufactured housing unit is located. Except for existing, owner -occupied manufactured housing that is rehabilitated with HOME funds, the manufactured housing unit must, at the time of project completion, be connected to permanent utility hook-ups and be located on land that is owned by the manufactured housing unit owner or land for which the manufactured housing owner has a lease for a period at least equal to the applicable period of affordability. Program income must be disbursed from the State Recipient's local account for an eligible HOME Program activity prior to drawing down additional HOME Program funds. Up to 10 percent of PI dollars has to be spent on administrative and planning costs as per 24 CFR Section 92.206(d)(6). The City reserves to itself the options of utilizing program income to fund a HOME -eligible activity that CDC Page 36 has been written into a general allocation grant application; or, to amend an open HOME grant to include an additional HOME -eligible activity that will be funded from program income. Recaptured Funds Recaptured funds must be invested in any of the HOME -eligible activities listed above for Program Income except Recaptured Funds cannot be used for administration costs. Program income received shall be substantially expended at the end of the Program Year. The City shall comply with all State HOME reporting requirements, including submittal of the required Annual Program Income Report. The City shall ensure that the use of program income under this under this Plan complies with all HOME program requirements. To ensure ongoing compliance with HOME requirements, the City shall utilize the latest available State HOME Program Grant Management Manual for guidance on compliance procedures and policies. Program income must be returned to the Department of Housing and Community Development after the Standard Agreement has expired. CDC Page 37 r, A. A =1 Ll I PDA 10 r CDC Page 38 INCOME LIMTS FOR ALL OF MENDOCINO COUNTY — 2008 Number of 1 2 3 4 5 6 7 8+ Persons in Household Household $110,872 $127,094 $154,546 $199,932 $219,464 Income $30,150 $34,450 $38,750 $43,050 $46,500 $49,950 $53,400 $56,850 Limit (Yearly) SUBSIDY LIMTS FOR ALL OF MENDOCINO COUNTY — 2008 Number of 0 1 2 3 4 Bedrooms in $602,744 $749,064 4/3/2008 Household Subsidy Limit $110,872 $127,094 $154,546 $199,932 $219,464 MAXIMUM PURCHASE PRICE/AFTER REHABILITATION VALUE MENDOCINO COUNTY — 2008 One -Family Two -Family Three -Family Four -Family Revised $389,500 $498,644 $602,744 $749,064 4/3/2008 CDC Page 39 B,TTA ENT-. _ a. All outreach efforts will be done in accordance with state and federal fair lending regulations to assure nondiscriminatory treatment, outreach and access to the Program. No person shall, on the grounds of age, ancestry, color, creed, physical or mental disability or handicap, marital or familial status, medical condition, national origin, race, religion, gender or sexual orientation be excluded, denied benefits or subjected to discrimination under the Program. The City will ensure that all persons, including those qualified individuals with handicaps have access to the Program. The Fair Housing Lender logo will be placed on all outreach materials. Fair housing marketing actions will be based upon a characteristic analysis comparison (census data may be used) of the Program's eligible area compared to the ethnicity of the population served by the Program (includes, separately, all applications given out and those receiving assistance) and an explanation of any underserved segments of the population. This information is used to show that protected classes (age, gender, ethnicity, race, and disability) are not being excluded from the Program. (For HOME, the Sponsor shall develop a Fair Housing Marketing Plan prior to project set up). Flyers or other outreach materials, in English and any other language that is the primary language of a significant portion of the area residents, will be widely distributed in the Program - eligible area and will be provided to any local social service agencies. CDC will work closely with local real estate agents and primary lenders to explain the Program requirements for eligible housing units and homeowners and to review Program processes. Local real estate agents and primary lenders will also be encouraged to have their customers participate in the Program. CDC will ensure that all property owners within the City are notified of program availability, their eligibility to participate, and application procedures. Such notification will include Press Releases and newspaper ads. CDC will also ensure bilingual materials are available for owners, In addition, the City shall ensure that bilingual staff will help the property owners understand all program and application materials and will be available to answer any questions. I1�_1�:7�C�Tli•�ia�Cc31�1���1 No member of the City of Ukiah City Council, the Home Improvement Loan Committee, the Community Development Commission, officer or employee of the Community Development Commission during their tenure or for one year thereafter shall have any interest, direct or indirect in any N Home Improvement Program loan contract or the proceeds thereof, per 24 CFR 92.356. B. Income The maximum household income allowable to qualify for a Home Improvement Program loan is eighty percent of the median income (targeted income) for Mendocino County, as established by the California Department of Housing and Community Development. Eligible applicants will not have an annual gross income exceeding the levels established for "low-income" households adjusted by family size. The owner will be required to provide income documentation. Community Development Commission (CDC) program staff will determine whether applicants satisfy the income eligibiIity-criteria. Income will be verified by evaluating applicants' income and assets through third -party verification. Income limits will be updated within 30 days of receipt from the California Department of Housing and Community Development. All applicant information obtained by CDC staff -will be kept confidential. To be eligible for program financing, properties must comply with the following criteria: Units to be rehabilitated under the Program must be located in the incorporated area of the City of Ukiah excluding portions subject to flooding. The City reserves the option of completing the "eight step" process for areas subject to flooding, converting to exempt status, and including these areas at the discretion of the Community Development Manager. �•Z3uFfID'I Although there is no minimum length of ownership requirement under the program, an owner -occupant must reside in the unit prior to the processing of a loan application, and theowner's unit must he his/her principal residence. However, if in the opinion of the City Building Official, the unit as it exists is uninhabitable, this requirement may be waived by the Community Development 3 Manager. 3. Title Property owners shall hold land in fee title. To qualify, the level of disrepair must include at least one code violation, such as roof, foundation, structural, plumbing, heating, electrical or an accumulation of deficiencies that constitute a threat to health and safety. Rehabilitation financing will be available to eligible property owners only when a reasonable expenditure of funds will enable a residential unit to be brought up to HUD Section 8 Housing Quality Standards. 5. Life Estate Applicants meeting all other eligibility criteria who hold a Life Estate on the property and reside on the property are eligible for a rehabilitation loan. Income eligibility will be determined by the income of the occupant/holder of the Life Estate. Household income will include all adult household members, regardless of vesting of the title. The holder of the FeO Simple Estate will be required to sign all loan documents. The loan conditions will provide that the loan is due and payable upon sale or transfer of the property and upon termination of the Life Estate of the current occupant. (In making loans to Life Estate holders CDC will regularly monitor such loans to verify the status of the occupant). Applicants meeting all other eligibility criteria and who currently reside on a property with a title held by a living trust are eligible for a rehabilitation loan. Income eligibility is determined by the income of the applicant/occupant. Loan conditions are based on the continued occupancy of that specific occupant in the residence. 4-10J1NU=00NEel �1 CDC housing rehabilitation staff will be responsible for conducting initial, interim, and final property inspections for code compliance, with the assistance of an architect and City building inspector. The inspection will include CDC Housing Rehabilitation Staff (Rehab Staff) have initial interview with the property owner, or owner's representative, to identify known problems. 2. Rehab Staff perform walkthrough with property owner, or owner's representative, and an architect. 3. Architect and Rehab Staff develop work write-up and cost estimate. Preparation of Scope of Work and Cost Estimate The Housing Rehab staff will be responsible for inspecting property to identify violations of health, safety, and building codes. After conducting the initial interview, a detailed scope of work and specifications will be developed that addresses all violations of health, safety, and building codes, and provides (for properties constructed before 1978) for testing and abatement/removal of lead based paint, if necessary. If the property is not suitable for rehabilitation (no violations or rehabilitation is too substantial), or if the owner drops out of the program, a termination letter will be prepared and sent to the homeowner. Please see Section VIII, page 21 for detailed description of inspection process. • �' A. General Requirements Rehabilitation activity will consist of eligible improvements required to bring a residential dwelling unit up to HUD Section 8 Housing Quality Standards for decent safe and sanitary housing. Any rehabilitation work will comply with all pertinent standards of the various codes and ordinances adopted by the City of Ukiah including current State standards for residential energy conservation, the Uniform Housing Code and where applicable, local codes and ordinances. It shall be the responsibility of the Housing Rehabilitation Staff to determine the most cost effective and appropriate manner in which to complete the needed repairs of a dwelling. The purpose of the Home Improvement Program is to assure a living unit, which provides for a healthful environment and complete living facilities arranged and equipped for suitable and desirable living conditions commensurate with the type and quality of the property under consideration. To provide each living unit with space necessary for suitable living, sleeping, cooking and dining accommodations, as well as sanitary facilities: 1. Independent facilities shall be provided for each living unit except that 0 common facilities such as laundry and storage space or heating may be provided for each property. 2. Each living unit shall contain provisions for each of the following: (a) A continuing supply of safe potable water. (b) Sanitary facilities and a safe method of sewage disposal. (c) Heating adequate for healthful and comfortable living conditions. (d) Domestic hot water. (e) Electricity for lighting and for electrical uses in the dwelling. 3. Clothes closet space should be provided with bedrooms or located conveniently nearby. 4. Exterior doors shall have keyed locks. 5. Attics and underfloor area shall have proper access and insulation as required by local codes. 6. Every dwelling shall be supplied with a means of disposal or removal of trash and garbage, which is inaccessible to rodents. 9 0,..... Walks and steps shall be provided for all-weather access to the building and constructed so as to provide safety and reasonable durability. AKemm Any deficiencies in proper grading or paving adjacent to the building shall be corrected to assure surface drainage away from foundations and basement walls. D. Unacceptable Features Features which are not ordinarily acceptable in any property and must be corrected where feasible are: 1. Buildings in which adequate attic and/or underfloor space ventilation has not been provided to prevent conditions conducive to dampness, decay, fungi and/or insect infestation and deterioration of the structure. 2. Buildings constructed on wood mudsills resting directly on the ground. 3. Crawl space vents with vent bottom less than 6 inches above the finish grade. 4. Foundations with top of stem wall less than 6 inches above finished grade. 5. Wood, siding, floors and/or door casings or sills in contact with ground. 6. Retaining walls shall be maintained in adequate repair and must be provided G where necessary to protect the structure, driveway and walls and to prevent soil erosion. E. Structural Soundness All structural components of the dwelling shall be in sound condition and considered serviceable for the expected useful life of the rehabilitated building. Sagging floors, fireplaces, partitions, stairs, and exterior walls shall be restored if practicable to an acceptable level or plumb position, and supported or braced so as to prevent a recurrence of these conditions. Stair railings shall be rigid. Individual structural members in a seriously deteriorated condition shall be replaced. Loose or damaged joints between structural members shall be corrected. F. Inspections and Correction — Pest and Fungus A careful inspection by qualified persons will be made of each building and accessory structure on each property for evidence of actual or potential insect or rodent infestation or access channels. Defects in existing buildings, which permit the entrance of rodents, termites or other vermin will be corrected by appropriate preventive measures. Damaged or deteriorated structural members will be replaced. A number of preventive and protective measures against the several forms of infestation are: 1. Window or other openings near grade are to have snug fitting screens. 2. Exterior doors are to fit tightly and be flashed or caulked at sill. 3. Opening for pipes or ducts through floors or walls are to have tight fitting collars. 4. Cracks and crevices in foundations and aboveground walls may be effectively sealed by pointing with mortar or other approved materials. 5. Cracked, broken or decayed wood surfaces shall be replaced. 6. Appropriate chemical treatment of soil adjacent to foundations and within hollow masonry foundations and treatment of soil in enclosed spaces. 7. The Application of precautions or corrective actions recommended by licensed professional exterminators. Note: Loans funded by HOME may only be used for the living structure itself, not the outbuildings. G. Exterior and Interior Finishes Exterior and interior finishes shall assure that the building finishes will be adequate to: prevent the entrance or penetration of moisture and weather; protect from damage by decay, corrosion, insects and other destructive elements; provide reasonable durability and economy of maintenance. 7 All exterior appurtenances or accessory structures, which serve no useful purpose, or those in a deteriorated condition which are not economically repairable, may be removed. Such structures include porches, terraces, entrance platforms, garages, carports, walls, fences and miscellaneous sheds. All masonry or concrete foundation walls will be improved to a safe, and sound condition with the top of the wall not less than 6 inches above finish grade. All wood foundation posts, sills, girders and plates showing signs of rot, decay, infestation or structural failure shall be replaced with new suitable materials of proper design where practicable. J. Exterior Walls The Inspector shall conduct a "Visual Assessment" of all the dwelling unit's painted surfaces in order to identify deteriorated paint. All deteriorated paint will be stabilized in accordance with CFR 35.1330 (a) and (b); and a Clearance shall be made in accordance with CFR 35.1340. Wood siding materials and trim that are broken, split or damaged so as to permit the entrance of weather or that show signs of decay or insect infestation shall be replaced. Where required, all existing wood surfaces shall be suitably prepared for painting and shall receive at least one coat of prepared exterior house paint. New wood siding materials shall be protected by appropriate finishes. Composition sidings, including mineral surfaced fiberboard, mineral surfaced asphalt siding, asbestos -cement types, etc., which show deterioration, damage or joint failure so as to permit the entrance of weather or adversely affect the appearance of the dwelling may be repaired, replaced or covered with new suitable siding materials.' 'Wherever deteriorated walls, ceilings, or other areas are suspected of containing asbestos materials, precautionary protective measures will be taken to protect workers and residents from harmful dust. These measures may include full abatement procedures as provided by trained personnel. Dwellings which were built prior to 1978 and are occupied by children under the age of seven will be evaluated to determine the existence of chipping or pealing lead-based paint. The occupants of all units rehabilitated through the program will receive a Lead -Based Paint Warning advising parents of the possible need to have children evaluated for possible lead poisoning. In incidents where lead-based paint poisoning has been determined, or where problems are believed to be likely, HUD -approved abatement procedures will be followed in cooperation with the local Health Department. K. Interior Walls and Ceilings M 1. All loose and broken gypsum board shall be renailed or replaced, if possible, and refinished. All loose and broken plaster shall be soundly patched and repaired. Where its deterioration is so extensive that patching is impractical, the entire wall or ceiling area shall be replastered or covered with acceptable drywall materials.2 01 2. All walls and ceilings shall be properly prepared and painted or shall receive other appropriate finish. 3. Interior doors, jambs and interior trim, which show excessive deterioration, abuse and patching shall be replaced. Existing and/or new interior millwork shall be properly prepared and receive protective finish. All broken or missing hardware shall be replaced. L. Kitchen Fixtures Countertop and backsplash shall be of approved durable and water-resistant materials. Where required, a new sink and fittings properly connected to hot and cold water supply and waste lines shall be installed. M. Finished Floors o 1. Bathrooms/toilet compartments and kitchen floors shall be provided with approved underlayment, approved waterproof floor covering materials, and appropriate base mould. 2. Floors in other areas of the living unit which show excessive wear, shrinkage, cupping or other serious damage shall be, if possible, replaced or covered with acceptable finish flooring materials properly installed. Sound wood floors showing normal wear and discoloration may be refinished.3 3. Finish floors shall be appropriate to the use of the space, be in good condition, and provide low maintenance service life. .. 1 Each dwelling will have a controlled method of disposal of water from roofs where necessary to prevent damage to the building and property if possible. All roofs and flashings shall be replaced or repaired to the extent necessary to protect the building against leakage. P. Gutters, Cornices and Exterior Details 3/ Ibid. In Gutters, downspouts, eaves, rafter ends, fascias, soffits and cornices, mouldings, trim, etc., showing evidence of leakage, rust, decay or deterioration will be replaced with new materials suitably protected with paint or stain. Repairs shall be made with any necessary changes of existing design or with appropriate new design within reasonable limits to prevent recurrence of the deterioration. Q. Chimneys Chimneys, brickwork or fireplaces showing signs of deterioration should be repaired or replaced with appropriate materials if possible. Existing windows and doors, including their hardware, shall properly function and give evidence of continuing acceptable service. Defective glass or locking mechanisms shall be replaced or repaired. Windows and doors and their frames which show signs of decay, deterioration, excessive warping, racking or misalignment shall be replaced or repaired and adequately protected with paint and flashings against further deterioration. S. Electrical Wiring When electrical services must be replaced, a 100 -amp main service with a minimum of 4 branch circuits is required. Additional branch circuits shall be installed, as required, to service cooking ranges, clothes dryers, water heaters and other major appliances. A minimum of one outlet and one permanently installed overhead light fixtures or 2 outlets for each living room and each bedroom is required. Every other habitable room shall have at least one outlet and a source of natural or artificial light. An outlet may consist of one receptacle or two and must be permanently installed. Permanent light fixtures with wall - mount switches are required in kitchen and bath. All plumbing fixtures shall be appropriately connected to approved drain, waste, vent, and supply lines. All leaking, deteriorated or clogged piping shall be replaced or restored to a condition which will provide safe and adequate service for the plumbing fixtures or equipment to which they are connected. U. Pleating and Ventilation No unvented fuel -burning heater shall be permitted. All heating devices and appliances shall be of an approved type. Each living unit shall have properly vented domestic water heating equipment capable of adequately supplying hot water, as defined in U.P.C., with properly sized safety devices in place. III All unsafe or unsound porches and steps will be removed or replaced and protected from deterioration with paint or other acceptable finish. Where required, approved handrails and guardrails shall be provided. W. Fences and Gates Dilapidated wood fencing which poses a health or safety hazard should be replaced. Wood fences which have missing pickets, boards, panels or which lean may have missing parts replaced with suitable materials. Sagging gates may be braced and those dragging on the ground may be rehung. X. Landscaping Brush which poses a fire hazard shall be removed. Trees that are undermining the structural integrity of the dwelling will be safety -pruned. All debris, lumber and trash shall be removed. Where necessary, a protective and decorative finish coating shall provide: adequate resistance to weathering, protection of finished surfaces from moisture or corrosion, an attractive appearance, and reasonable durability. Where painted surfaces are in a well-maintained condition and not disturbed by the rehabilitation work, painting and decorating is not required. Rehabilitation assistance may provide for the expansion of kitchen and bathroom facilities, except when HOME funds are used. An existing bedroom may be enlarged or an additional bedroom may be provided where it has been determined that a family is living in an overcrowded condition as defined by the Bureau of Census. For the purpose of adding a second bathroom, overcrowding is defined as five or more persons sharing the same home. Rehabilitation assistance may provide for the repair or purchase of a kitchen range and/or refrigerator if missing or unsafe. _ Rehabilitation loans may be used to reduce energy consumption through the installation of: 1. Dual glazing; 12 2. Storm windows; 3. Attic, floor, and wall insulation; 4. Water heater blankets and timers; 5. Hot water pipe insulation; 6. Caulking and weatherstripping of doors and windows; and 7. Replacement of inefficient woodstoves (including flues and heat shields). Rehabilitation assistance may be used for rehabilitation work necessary to correct incipient, as well as actual violations of Housing Quality Standards. An incipient violation exists if it is thought that the -physical condition of an element in the structure will deteriorate into an actual violation in the near future. Rehabilitation assistance may provide funds to cover the cost of building permits and related fees that are required to carry out the proposed rehabilitation work when such fees are not waived. AA1 MW M6111 Except as provided for herein, a rehabilitation loan shall not be used for: 1. New construction, substantial reconstruction, expansion of the structure, or the finishing of unfinished spaces (except in documented overcrowded conditions). 2. Luxury items, materials, fixtures, equipment or landscaping of a type or quality which exceeds that customarily used in the locality for properties of the same general type and value as the property to be rehabilitated (General Property Improvements). 3. Appliances not required by Section 8 Housing Quality Standards. 4. Acquisition of land. 5. Penalty building permit fees. 6. Tenant -Occupied properties. An eligible owner may qualify for the full cost of the rehabilitation work needed to comply with Section 8 Housing Quality Standards. Maximum assistance with funds is $40,000. Total indebtedness against property will not exceed 90 13 percent of after -rehabilitation value. Rehabilitation costs for jobs may be supplemented with personal financing or with other loan or grant programs. 2. Deferred Payment Loans (DPLs) All loans will be deferred with no amortized payments and have a fixed simple interest rate of zero to three percent per annum. For the HOME program, loan terms will be 30 years. A DPL is a deferred interest loan secured by a deed of trust with no payback required until the borrower sells or transfers title or discontinues residence in the dwelling. When specific circumstances occur, the DPL becomes immediately due and payable. Payments may be made voluntarily on a DPL. Owner -occupants with incomes below 80% of the median income for Mendocino County adjusted for family size are eligible for Deferred Payment Loans. On a case-by-case basis other hardship expenses such as medical costs and housing expenses in excess of 30% of the household's gross monthly income may be considered in determining the need for a DPL. The Loan Committee may adjust the interest rate from 3% to 0% to assure affordability. Affordability is based on 30% of gross income applied to housing costs. Housing costs include mortgage payments on the subject property, the housing rehabilitation loan payment, real estate taxes and insurance on the subject property. 4. Reconstruction Policy The reconstruction of existing low-income owner occupied single family residential structures may be authorized with prior State and Federal approval. Procedures shall be consistent with applicable State and Federal guidelines. Reconstruction financed with loan funds shall, with Loan Committee approval, be subject to the per unit maximum of HOME subsidy limits based on number of bedrooms. C. Closing Costs Closing costs incurred during the processing of a loan application will normally be paid by the applicant out of loan proceeds. These costs which may vary among applications, may include: credit report fee(s), appraisal fee, title insurance fee, lot book report fee, escrow fee, pest control report fees, and recording fees. Where warranted by income and monthly repayment capacity limitations, the Loan Committee may waive applicant repayment of all or a portion of the closing costs. For loans funded by the HOME program, closing costs included in the loan principal cannot be waived. Lower -Income applicants who are not approved for financial assistance will not be required to reimburse the City for costs associated with the processing of the application. D. Security Property to be rehabilitated shall act as security for the loan. All loans shall be secured by a Promissory Note and Deed of Trust, which shall be recorded. A junior deed of trust may be approved as security for a loan. Total liens of record against the property may not exceed 90% of the after rehabilitation value as determined by the Loan Committee based upon the estimate provided by Housing Rehabilitation staff. E. Transfer of Title All loans become immediately repayable in full when there is any transfer of title to the property, other than to a surviving spouse. The Community Development Manager may permit the same or revised terms if income criteria are met by the new property owner. Every five years owner occupants will be required to submit to CDC the following verifications: (a) Proof of occupancy in the form of a copy of a current gas and electric bill. (b) Statement of unit's continued use as a residence. Note: For loans funded by HOME, recertification is to be done annually. 2. In the event that an owner -occupant sells, transfers title, or discontinues residence in the rehabilitated property for any reason, the loan is due and payable. (a) If, however, the owner -occupant who qualifies for financing dies, and if the heir to the property lives in the house and is income - eligible, the heir may be permitted, upon approval of the CDC to assume the loan at the rate and terms he or she qualifies for under current participation guidelines. (b) If the owner -occupant who qualifies for financing dies and the heir is not income -eligible, the loan is due and payable. (C) If the owner -occupant who qualifies for financing dies and his heir is not income -eligible, but he or she chooses to rent the unit to low- income families and agrees to comply with owner -investor restrictions, the heir may be permitted, upon approval of the CDC to assume the loan at the same rate and terms offered investors under current program guidelines. If the heir does not comply with Wi investor restrictions, the loan is due and payable. 3. If an owner -occupant wants to convert the rehabilitated property to a rental unit, he or she must notify the CDC in advance. If the CDC approves the conversion of an owner -occupied unit to a rental, the owner will be required to comply with the provisions of the investor guidelines, including rent limitation provisions and financing arrangements. 4. If an owner wants to convert the rehabilitated property to any commercial or non-residential use, the loan is due and payable. The purpose of the Home Improvement Program is to improve the housing conditions of low-income residents. Three important considerations in achieving this purpose are: 1) the work should be done in a timely manner, 2) the work should meet certain basic standards of quality, and 3) work must comply with the rehabilitation standard established by the Program (Section 8 Housing Quality Standards). In situations where a home owner is also a construction contractor or can provide references establishing a history of working in residential construction, the property owner may complete some or all of the tasks required to rehabilitate his/her property if he/she has the degree of skill required to perform the work involved. Self-help is usually appropriate for the accomplishment of tasks of an unskilled nature such as general clean up, demolition of small buildings, removal and disposal of debris, or for work which involves minimum use of costly materials and equipment, such as exterior and interior painting. Work of a skilled nature is appropriate only if the owner has a license to perform such tasks. Owners who participate in the Home Improvement Program on the basis of performing some or all of the work themselves, which is known as providing "owner participation" or "self-help," will be expected to comply with the guidelines outlined below. 1. Evaluation. An evaluation must be performed by the Housing Rehabilitation Specialist to determine the applicant's suitability for owner participation. The option to allow owners to do the work themselves may be provided at the sole discretion of the Housing Rehabilitation Staff. 2. Work write-up and Cost Estimate. The City will develop the work write-up and in- house estimate of costs. Housing Rehabilitation Staff will compare bids received on the work with the cost estimate. Bids will only be accepted if the price is within 10% of the amount of the cost estimate, or the inspector provides a written explanation of the difference. 3. Work Schedule. Borrowers approved to provide owner participation will be required to submit a detailed work schedule in accordance with deadlines established by the program. This work schedule must include the following: a. A complete list of materials, which will be required for the project. M, b. A precise cost estimate of materials to be purchased. This estimate must be based on actual costs and must be verified by an accredited architect or similar professional (engineer). C. A detailed list (company names, addresses, and telephone numbers) of places where materials are to be purchased. d. A specific list of individuals (contractors, subcontractors or laborers) who will be needed to assist the owner in completing the project. This list shall include contractors' license numbers, addresses, telephone numbers, and specific amounts to be paid. Owners are reminded that it is against program policy for any owner or member of the owner's immediate family to receive payment, either directly or indirectly, for housing rehabilitation work. e. A detailed time schedule showing the dates when work will be started, when work will be done on each task, and when all work will be completed. 4. Permits. It is the responsibility of the homeowner to contact the appropriate governmental offices to determine whether building permits or other permits will be required. Failure to do this may result in loan cancellation or demands that work be started over and corrected. Whatever local requirements prevail for permit issuances, the owner will be expected to comply with those requirements. The work being allowed by this program is for health and safety purposes. A building permit is mandatory for all code -related items. A copy of each permit must be forwarded to the Housing Rehabilitation Specialist and the original should be posted on the structure. Building permit fees, where applicable, are reimbursable items; therefore, they should be included in the original Work Schedule. When each code item is completed (such as electrical, plumbing) the Building Permit is signed off by the Building Inspector. A running copy of the card, showing sign -offs as they occur, shall be provided to the Housing Rehabilitation Specialist. 5. Disbursements. Any disbursements made from the owner's loan shall be done in accordance with the work schedule approved by the program. Any obligations incurred which are not in accordance with the work schedule may be denied for payment. Disbursements shall be authorized jointly by the homeowner and a duly authorized representative of the Home Improvement Program. All disbursements must be justified by original receipts that are legible, state the materials purchased or labor provided, and they must be otherwise traceable by the program. Disbursements will be for eligible materials only. For HOME, no funds will be forwarded to the owner. Funds will be granted on a reimbursement basis only. IN 6. Prohibition Against Cash Refunds. Homeowners are reminded that it is a violation of program policy for cash refunds to be received for materials purchased or labor secured. In cases where materials are to be returned and cash is to be received, all cash must be immediately returned to the owner's escrow account. 7. Labor Summary Record. By allowing work to be done on an owner participation basis, it is expected that certain savings will result to the housing rehabilitation program and to the owner's loan. The method of keeping track of work being done is the "Participant Labor Summary Record." For The function of the Home Improvement Loan Committee will be to review and act on applications recommended by program staff for financing. The Committee shall review applications in terms of: eligibility, compliance with all program requirements, consistency of staff recommendations regarding loan terms and type(s) of assistance to be provided. The Committee will also review the proposed loan package, and, if appropriate, recommend changes in loan terms and type(s) of assistance to be provided. The Committee will consist of one member of the Community Development Commission or person designated by the Commission, one person designated by the Mendocino County Board of Supervisors, and the Executive Director of the Community Development Commission of Mendocino County. 3. Meetings The Home Improvement Loan Committee shall -meet periodically to review and act on applications. A quorum shall exist and all minutes shall be recorded. A quorum is a simple majority of the full committee. The Committee members shall be advised at least seven calendar days before the Committee meeting. Action of the Home Improvement Loan Committee shall be by majority vote. The Housing Rehabilitation Staff shall gather any necessary financial information to determine applicant eligibility and repayment ability. An application consists of: A form containing financial and household information regarding the property owner. Subject to the exemptions allowed in the "Technical Guide for Determining Income and Allowances for the HOME Program, Third Edition, 2005", all person in residence are considered household members for purposes of income eligibility. 2. A form containing necessary household information when owner occupied are involved. Owner Occupant income will be verified by use of one or more of the following forms. a. Request for Verification of Employment b. Verification of Public Assistance C. Income tax information (1040s, etc.) d. Benefit letters for sources of public assistance or pensions e. Copies of recent benefit or pay checks Please note: The Part 5 (Section 8) method for income determination will be used, as described in the "Technical Guide for Determining Income and Allowances for the HOME Program, January 2005). A list of income inclusions and exclusions is contained in Attachment B. 3. Credit evaluations and income, employment and mortgage verifications as obtained by staff. 4. A preliminary work write-up and cost estimate of required rehabilitation work as prepared by program staff and approved by applicant. 5. Title Report (Full or Limited Coverage) and Appraisal/Estimate of current market and after rehabilitation market values. The after -rehabilitation market value may not exceed the maximum purchase price/after rehabilitation value limit, as published in the most recent HOME NOFA and contained in Attachment A.4 At conclusion of rehabilitation, the value of the property must be assessed by one of the following two methods: a. Appraisals — by licensed fee or staff appraisers. The appraiser must document the appraised value and the appraisal approach utilized. b. Tax assessments — for a comparable property located in the same neighborhood. These may be used to establish after -rehab value only if the assessment is current and accurately reflects market value after rehab. Note: Appraisals are the preferred method for determining after -rehabilitation market value. Tax assessments (comparables) may only be used if current and accurately reflects market value. 4 2008 HOME NOFA, Appendix D: Maximum Purchase Price/After Rehabilitation Value Limit, 203 (b) . 6. Termite Inspections and clearances shall be obtained if deemed necessary. 7. A contingency (depending on the complexity of the job) may be included in each loan. At the completion of rehabilitation, any unexpended funds will be applied to the loan principal. 8. Owners will receive information regarding rights as prescribed by law and an authorization form for signature which states that the owner understands that he/she may be inconvenienced by the rehabilitation work and that he/she agrees to authorize inspectors and workers to enter his/her living quarters during reasonable hours. A Loan Committee Report (LCR) will be prepared for all loan applications determined by staff to be eligible for a housing rehabilitation loan. The LCR and the application will be brought before the Home Improvement Loan Committee for approval. General lending criteria that will be used to assist in evaluating the applications of eligible property owners for financial assistance will include: The ability and willingness of an applicant to repay a loan, as well as all existing liabilities, as evidenced by such criteria as income, credit history, necessary monthly expenses, and stability of income. 2. The economic feasibility of property rehabilitation such that a reasonable expenditure of funds will enable the correction of all major health and/or safety related items, with the rehabilitated property providing adequate collateral for a loan that is secured with a deed of trust. An eligible borrower may be considered for a subsequent loan, provided he/she has no delinquent payments longer than 10 days and otherwise meets program requirements and underwriting criteria. All recommendations for loans shall be developed by the Housing Rehabilitation Specialist and submitted to the Home Improvement Loan Committee. The Housing Rehabilitation Specialist's recommendations shall be submitted in written form and shall propose the terms of the loan, interest rate, special conditions, and whether the loan should be approved or denied. All applications shall be submitted for consideration regardless of whether the recommendation is for approval or denial. Note: The maximum purchase price/after-rehabilitation value for all homes assisted with housing rehabilitation funds is found in Attachment A. All Home Improvement Program Loans must be approved by the Home Improvement Loan Committee. In order to obtain financing, applicants must meet all property and W income eligibility guidelines in effect at the time of loan approval. Applicants will be provided written notification of approval or denial. Reason for denial will be provided to the applicants in writing. An appropriate funding cut off point established for each review period will determine the number of applications that may be approved for funding at that particular time. Qualified applications not selected for funding during one review period will be automatically reconsidered during subsequent periods. Housing Preservation Revolving loans may be approved by the Community Development Commission Executive Director when the applicant is clearly eligible and when in the opinion of the Executive Director existing housing conditions pose a hazard to the health and safety of the applicant. A Home Improvement Loan Program applicant will have up to two weeks after Loan Committee approval to accept the offered terms and conditions. At the end of this period, the Executive Director may rescind the loan commitment. The Housing Rehabilitation Staff will provide for the execution of all necessary loan documents and their recordation. Objections by any applicant as to policy, procedures, method of operation or decisions by the Program CDC staff or Home Improvement Loan Committee will be referred to the Executive Director. The Executive Director will schedule a hearing for the applicant and establish hearing procedures. Decisions of the Home Improvement Loan Committee will be based upon its interpretation of the Program Policies and Administrative Procedures. WI1kiR.11 : TzEs7�1 A. Hazard Insurance The borrower shall maintain hazard insurance on the property for the duration of the Home Improvement Loan(s). This insurance must be an amount adequate to cover all encumbrances on the property. The insurer must identify the Community Development Commission of Mendocino County as Loss Payee for the amount of the Home Improvement Loan(s). Proof of insurance shall be provided to the CDC. In the event the borrower fails to make the hazard insurance premium payments in a timely fashion, CDC, at its option, may make such payments. If CDC makes any such payments, CDC may, at its sole discretion, add such payments to the principal amount that the applicant is obligated to repay under this program. 21 In areas designated by the U.S. Department of Housing and Urban Development (HUD) as flood prone, the owner is required to maintain flood insurance in an amount adequate to secure the Home Improvement Loan. This policy must designate the Community Development Commission of Mendocino County as Loss Payee. The policy also must name the City of Ukiah as additional insured. The initial premium may be paid with Home Improvement Loan proceeds for the first year. A. Contractor Qualifications The Housing Rehabilitation Staff will maintain a list of all interested contractors who will be kept informed of upcoming bid proposals. All interested contractors must submit an application for approval. All contractors and subcontractors must have a current, valid California Contractor's License and shall provide such proof of insurance as may be required by CDC. No contractors and subcontractors shall be on the debarred list. Housing Rehabilitation Staff will document debarment status by printing out debarment certifications and other evidence that contractors are not on the debarment list. To the maximum extent feasible, the program shall make every attempt to utilize local, small and minority contractors. Bidding for rehabilitation work will be done on a competitive basis with contracts being awarded to the lowest responsible and responsive bidder selected by the property owner. The Contract for rehabilitation will be between the property owner and the contractor. The Housing Rehabilitation Staff will assist the homeowner with the rehabilitation contract process including preparing contract documents and assisting in the procurement process. C. Inspections and Payments Where warranted by the size of the job and depending upon the contractor's credit line and number of jobs in progress, progress payments tied to the completion of various stages of rehabilitation work will be authorized. The number of payments to be made will be specified in the construction contract. Authorization of progress payments will require: Inspection of the property by the City Building Inspector to insure that the completed work is in compliance with local building code standards. Inspection of the property by the Housing Rehabilitation staff to insure that the work being billed complies with the Contract Documents and Rehabilitation Standards. If the work is not found to be in substantial W compliance, the payment amount will be delayed until compliance has been achieved. 2. Work must be in compliance with all local and uniform building codes, including Building Division 3 of Ukiah City Code, International Building Code, and California Building Code. (Please contact the City of Ukiah Building Department for more information on local codes). Work must also comply with written standards such as City zoning requirements and ordinances. 3. Following an inspection and approval by the Housing Rehabilitation Specialist and written approval by the Community Development Manager and property owner of the contractor's invoice and all work being billed, the payment amount will be calculated according to the contract provisions governing holdbacks. The payment check will be made out to the contractor. Final Payment (10% retention) is processed in the same general manner as progress payments. Upon written final acceptance of the work by the property owner, the Housing Rehabilitation Specialist and the Community Development Manager, a Notice of Completion will be recorded on the property. Final Payment (10% retention) may be released following the receipt of a Release of Lien from the Contractor and waiting period of 31 days from the recordation of the Notice of Completion. D. General Contract Conditions and Specifications The General Conditions and Specifications of the Home Improvement Program shall be included in all contracts for housing rehabilitation. All change orders to the contract specifications require the signature of the owner, the Housing Rehabilitation Specialist, Community Development Manager and Finance Director. When there are disputes between the contractor and property owner over contract specifications, job scope or adequacy of performance, the Community Development Manager and Housing Rehabilitation Specialist will make the final determination of contract requirements; the Community Development Manager will have the authority to release final payment where there is substantial compliance with the contract. Owner occupants will be informed of their eligibility for temporary relocation if occupancy during rehabilitation constitutes a substantial danger to health and safety of occupant or public danger or is otherwise desirable because of the nature of the project. Relocated owner occupants will receive housing costs, payment for moving and related expenses and appropriate advisory services. For the HOME program, temporary relocation costs will be reimbursed by a grant to the owner occupant. 23 Note: The borrower will be required to follow the process outlined below. The borrower will be required to follow this process as a condition of receiving a loan. The process sets forth the steps for resolving home owner -contractor conflicts both during and after the completion of construction. The Home Improvement Program acts as a lender for and a facilitator of the rehabilitation. The primary responsibility of the Housing Rehabilitation Specialist is to ensure that the rehabilitation process meets the procedural and substantive requirements of State and Federal regulations. The Housing Rehabilitation Specialist is not your agent or employee. You, the homeowner, have the primary responsibility of ensuring that the contractor completes the work in a satisfactory manner according to the specifications of the approved bid and in compliance with applicable building codes. While the CDC is providing funds to make the repair of your home possible, the CDC is not responsible for enforcing your contract with the contractor you select to rehabilitate your home. The Building Inspector is responsible for inspecting the contractor's work for compliance with applicable building codes, but you are responsible for ensuring that work is completed to your satisfaction. This is an important distinction, because it is possible for rehabilitation work to comply with the minimum requirements of the building code but not comply with the terms of your contract or not be satisfactory with respect to your expectations. Instances may arise, however, in which a dispute or difference of opinion cannot be resolved strictly between the homeowner and the contractor. In such instances, the Housing Rehabilitation Specialist will mediate the dispute according to the following procedures. One condition of your loan is that you agree to abide by the following dispute resolution process. This process may be used at any time during or following the completion of construction. Before contacting the Housing Rehabilitation Specialist, you must first communicate your dispute to the contractor and attempt to have the contractor resolve your complaint. It will be helpful if you list your problems with the contractor's work in writing and give the contractor a copy of this list. We advise you to immediately communicate to your contractor any problems you may have with his or her work, as delay may increase the difficulty or expense involved in correcting the problem. •MIMPTIPTM, FIF M111IFFIT M111 111 1- If you are unable to reach an acceptable resolution of your problem with the contractor, then you may request that the Housing Rehabilitation Specialist act as a mediator. If your problem involves a question of building code compliance, however, your dispute should be brought to the attention of the building inspector. 24 Complete the Dispute Resolution form within five working days after you have requested the contractor to address your complaint. Your Housing Rehabilitation Specialist will respond in writing to your complaint within five working days after its receipt. The response will indicate the course of action the Housing Rehabilitation Specialist will take, which will include one or more of the following: • direct contact with contractor to correct the problem; ® arrangement of a meeting to inspect the problem, with subsequent action to follow; ® arrangement of a meeting between the Housing Rehabilitation Specialist, the homeowner, and the contractor to resolve the dispute; • other action, as the Housing Rehab Specialist deems appropriate; or ® no action If the written response and subsequent action of the Housing Rehabilitation Specialist are not satisfactory, you may contact the Community Development Manager, who is the CDC staff person in charge of the Home Improvement Program. You must file a written complaint with the CDC indicating what part or parts of your dispute were not, in your opinion, adequately addressed by the Housing Rehabilitation Specialist. This written complaint must be filed within five working days after you receive your written response from the Housing Rehabilitation Specialist. A written response from the Community Development Manager will be returned within five working days after your complaint is received. The response will explain the follow-up action that will be taken. The address at which to file your complaint with the Community Development Manager is: Community Development Manager Community Development Commission of Mendocino County 1076 North State Street Ukiah, CA 95482 If the written response and subsequent action of the Community Development Manager are not satisfactory, and the dispute may not otherwise be satisfactory resolved, the 25 dispute must be submitted to the American Arbitration Association as provided in the General Conditions of the Contract Documents. The Community Development Commission of Mendocino County acknowledges that circumstances beyond a borrower's control may temporarily limit his/her ability to meet loan terms. CDC desires to be flexible enough so that in cases of: death of a family member, loss of job, divorce and major illness loan terms may be modified. While the Community Development Commission of Mendocino County, in this policy, outlines a system that can accommodate crises that restrict borrowers' ability to meet loan terms, it should in no way be misunderstood. Loan terms must be fulfilled. The Community Development Commission of Mendocino County will pursue all legal means to ensure fulfillment of loan terms. B. Procedure Thirty (30) day and sixty (60) day delinquencies. The Community Development Commission of Mendocino County shall send the borrower a letter noting the amount delinquent or performance default. This letter shall be followed by a telephone call reminding the borrower of the loan amount and due date or performance default. 2. Ninety (90) day delinquency. CDC shall_send a certified letter noting the amount delinquent or performance default. In this letter, a date and time shall be set for a meeting between the borrower and the Community Development Manager or designee. At this meeting the following will be discussed: - reasons for delinquency or default - any changes in the borrower's health, family circumstances or financial status that limits their repayment ability - amount in arrears. At conclusion of this meeting, the following will be determined: - how and when the amount in arrears will be paid; - how performance defaults will be remedied; - if a personal emergency (loss of a job, loss of spouse or co -borrower, serious illness) has restricted repayment ability. If because of such an emergency, the borrower cannot fulfill the term(s) of 26 the loan or afford to pay the full monthly installment, the Community Development Manager may exercise one or more of the following options: a. Extend the time of payment or otherwise alter the terms of any of the indebtedness; b. Accept additional security therefore of any kind, including trust deeds or mortgages; C. Alter, substitute or release any property securing the indebtedness. Any action taken as a result of this meeting shall be documented and recorded in the required fashion. 3. If the borrower does not appear for the 90 -day delinquency meeting, and does not contact the Community Development Division to reschedule the meeting, staff may immediately begin foreclosure proceedings. 4. Any borrower who participates in the process outlined in Item B and then becomes 90 days delinquent within two years of renegotiating their loan terms may be subject to immediate foreclosure. = _ �T�I �7Z�7» ► i- ► R1,L434 ALL Home Improvement Loans require the borrower: 1. To protect and preserve said property and to maintain it in good condition and repair; 2. Not to remove, demolish or materially alter any building or any improvement thereon, nor to change or alter either the terms and conditions of any existing lease of the premises, or the present character of use of said property; 3. To complete or restore promptly and in good workmanlike manner any building or improvement that may be constructed, damaged or destroyed thereon and pay when due all costs incurred therefore; and to comply with all of the terms of any loan agreement between Trustor and Beneficiary; 4. Not to commit or permit waste of the property; 5. To comply with all laws, covenants, conditions or restrictions affecting the property; 6. To cultivate, irrigate, fertilize, fumigate, prune and do all other acts that from the character or use of said property may be reasonably necessary, 27 the specific enumerations herein not excluding the general. These conditions help assure that the property does not revert to a substandard state. When the Community Development Division becomes aware that rehabilitated property is not being properly maintained it shad: Provide the borrower in writing: a. a list of needed repairs or maintenance items b. a recommendation as to a solution to the deficiencies C. a request that the repairs be performed within 60 days 2. At the end of the 60 -day period, Housing Rehabilitation staff shall inspect the property. If the needed repairs have not been performed, staff shall set an appointment with the borrower to discuss why maintenance has not been performed. If the borrower is unable to afford to make the needed repairs and if the repairs represent a new building deficiency not covered by the original rehabilitation, additional funds may be provided. 3. Following the visit and inspection, the borrower will be given 60 days to make the necessary repairs. The borrower will be given written notice at the start of this phase that if repairs are not performed within 60 days the borrower will be considered to be in default. 4. If repairs are not performed within 60 days of the notice outlined in Item 3, the Community Development Commission of Mendocino County may begin foreclosure proceedings. Amendments to these Policies and Procedures may be made by the City and will be submitted to the California Department of Housing and Community Development for approval. Where changes in the guidelines would adversely affect program applications already under review, such applications will be evaluated under the guidelines in effect at the time of application. Ref: Nov3a2.5 KII .L� .. i 30 INCOME LIMTS FOR ALL OF MENDOCINO COUNTY — 2008 Number of 1 2 3 4 5 6 7 8+ Persons in Household - Household $110,872 $127,094 $154,546 $199,932 $219,464 Income Limit $30,150 $34,450 $38,750 $43,050 $46,500 $49,950 $53,400 $56,850 (Yearly) SUBSIDY LIMTS FOR ALL OF MENDOCINO COUNTY — 2008 Number of 0 1 2 3 4 Bedrooms in $602,744 $749,064 4/3/2008 Household - Subsidy Limit $110,872 $127,094 $154,546 $199,932 $219,464 MAXIMUM PURCHASE PRICE/AFTER REHABILITATION VALUE MENDOCINO COUNTY — 2008 One -Family Two -Family Three -Family Four -Family Revised $389,500 $498,644 $602,744 $749,064 4/3/2008 W From: Technical Guide for Determining Income and Allowances for the HOME Program, 3rd Edition, January 2005. 32 Exhibit 3.1 — 24 CFR Part 5 Annual Income Inclusions 1. The full amount, before any payroll deductions, of wages and salaries, overtime pay, commissions, fees, tips and bonuses, and other compensation for personal services. 2. The net income from the operation of a business or profession. Expenditures for business expansion or amortization of capital indebtedness shall not be used as deductions in determining net income. An allowance for depreciation of assets used in a business or profession may be deducted, based on straight-line depreciation, as provided in Internal Revenue Service regulations. Any withdrawal of cash or assets from the operation of a business or profession will be included in income, except to the extent the withdrawal is reimbursement of cash or assets invested in the operation by the family. 3. Interest, dividends, and other net income of any kind from real or personal property. Expenditures for amortization of capital indebtedness shall not be used as deductions in determining net income. An allowance for depreciation is permitted only as authorized in number 2 (above). Any withdrawal of cash or assets from an investment will be included in income, except to the extent the withdrawal is reimbursement of cash or assets invested by the family. Where the family has net family assets in excess of $5,000, annual income shall include the greater of the actual income derived from all net family assets or a percentage of the value of such assets based on the current passbook savings rate, as determined by HUD. 4. The full amount of periodic amounts received from Social Security, annuities, insurance policies, retirement funds, pensions, disability or death benefits, and other similar types of periodic receipts, including a lump -sum amount or prospective monthly amounts for the delayed start of a periodic amount (except for certain exclusions, listed in Exhibit 3.2, number 14). 5. Payments in lieu of earnings, such as unemployment and disability compensation, worker's compensation, and severance pay (except for certain exclusions, as listed in Exhibit 3.2, number 3). 33 6. Welfare Assistance. Welfare assistance payments made under the Temporary Assistance for Needy Families (TANF) program are included in annual income: Qualify as assistance under the TANF program definition at 45 CFR 260.31; and Are otherwise excluded from the calculation of annual income per 24 CFR 5.609(c). - If the welfare assistance payment includes an amount specifically designated for shelter and utilities that is subject to adjustment by the welfare assistance agency in accordance with the actual cost of shelter and utilities, the amount of welfare assistance income to be included as income shall consist of: the amount of the allowance or grant exclusive of the amount specifically designated for shelter or utilities; plus the maximum amount that the welfare assistance agency could in fact allow the family for shelter and utilities. If the family's welfare assistance is reduced from the standard of need by applying a percentage, the amount calculated under 24 CFR 5.609 shall be the amount resulting from one application of the percentage. 7. Periodic and determinable allowances, such as alimony and child support payments, and regular contributions or gifts received from organizations or from persons not residing in the dwelling. 8. All regular pay, special pay, and allowances of a member of the Armed Forces (except as provided in number 8 of Income Exclusions). Exhibit 3.2 — 24 CFR Part 5 Annual Income Exclusions 1. Income from employment of children (including foster children) under the age of 18 years. 2. Payments received for the care of foster children or foster adults (usually persons with disabilities, unrelated to the tenant family, who are unable to live alone). 3. Lump -sum additions to family assets, such as inheritances, insurance payments (including payments under health and accident insurance and worker's compensation), capital gains, and settlement for personal or property losses (except as provided in Exhibit 3.1, number 5 of Income Inclusions). 4. Amounts received by the family that are specifically for, or in reimbursement of, the cost of medical expenses for any family member. 5. Income of a live-in aide (as defined in 24 CFR 5.403). 6. Certain increases in income of a disabled member of qualified families residing in HOME - assisted housing or receiving HOME tenant -based rental assistance (24 CFR 5.671(a)). 7. The full amount of student financial assistance paid directly to the student or to the educational institution. 8. The special pay to a family member serving in the Armed Forces who is exposed to hostile fire. 9. (a) Amounts received under training programs funded by HUD. (b) Amounts received by a person with a disability that are disregarded for a limited time for purposes of Supplemental Security Income eligibility and benefits because they are set side for use under a Plan to Attain Self -Sufficiency (PASS). (c) Amounts received by a participant in other publicly assisted programs that are specifically for, or in reimbursement of, out-of-pocket expenses incurred (special equipment, clothing, transportation, childcare, etc.) and which are made solely to allow participation in a specific program. (d) Amounts received under a resident service stipend. A resident service stipend is a modest amount (not to exceed $200 per month) received by a resident for performing a service for the PHA or owner, on a part-time basis, that enhances the quality of life in the development. Such services may include, but are not limited to, fire patrol, hall monitoring, lawn 34 maintenance, resident initiatives coordination, and serving as a member of the PHA's governing board. No resident may receive more than one such stipend during the same period of time. (e) Incremental earnings and benefits resulting to any family member from participation in qualifying state or local employment training programs (including training not affiliated with a local government) and training of a family member as resident management staff. Amounts excluded by this provision must be received under employment training programs with clearly defined goals and objectives, and are excluded only for the period during which the family member participates in the employment training program. 10. Temporary, nonrecurring, or sporadic income (including gifts). 11. Reparation payments paid by a foreign government pursuant to claims filed under the laws of that government by persons who were persecuted during the Nazi era. 12. Earnings in excess of $480 for each full-time student 18 years old or older (excluding the head of household or spouse). 13. Adoption assistance payments in excess of $480 per adopted child. 14. Deferred periodic amounts from supplemental security income and social security benefits that are received in a lump sum amount or in prospective monthly amounts. 15. Amounts received by the family in the form of refunds or rebates under state or local law for property taxes paid on the dwelling unit. 16. Amounts paid by a state agency to a family with a member who has a developmental disability and is living at home to offset the cost of services and equipment needed to keep the developmentally disabled family member at home. 17. Amounts specifically excluded by any other Federal statute from consideration as income for purposes of determining eligibility or benefits under a category of assistance programs that includes assistance under any program to which the exclusions set forth in 24 CFR 5.609(c) apply. A notice will be published in the Federal Register and distributed to housing owners identifying the benefits that qualify for this exclusion. 35 FOR IMMEDIATE RELEASE July 30, 2009 Contact: Craig Schlatter Community Development Manager Phone: (707) 463-5462 X109 Email: schlattc@cdchousing.org 9 9J- A r01 Ukiah, CA — The City of Ukiah has received funding from the California Department of Housing and Community Development, Home Investment Partnerships Program (HOME), for two new programs benefiting Ukiah residents- the Downpayment Assistance Loan Program and Owner -Occupied Housing Rehabilitation Loan. Program. The Downpayment Assistance Loan Program, administered by the Community Development Commission of Mendocino County (CDC), provides fixed rate below market interest rate loans to qualified first-time homebuyers with incomes at or below 80% Area Median Income, or $44,650 for a family of four. All payments on principal and interest are deferred for the life of the loan. Homes purchased must be located in the incorporated area of City of Ukiah. The Owner -Occupied Housing Rehabilitation Loan Program (OOR), also administered by CDC, provides fixed rate below market interest rate - loans to households with incomes at or below 80% Area Median Income. Payments on interest and principal are deferred for the life of the loan. The property must be located in the incorporated area of City of Ukiah and remain the owner's primary residence. Loan funds can be used for making eligible improvements required to bring a home up to standards for decent, safe, and sanitary housing. OOR also promotes the use of green building practices and energy efficiency improvements, and where appropriate to the specific rehabilitation project, repairs will include those that meet green standards. For more information or to see if they might qualify for either of these two programs, homebuyers and homeowners can pick up brochures at the offices of the Community Development Commission of Mendocino County, 1076 North State Street, Ukiah, CA, or they may contact Barbara Cubberly at (707) 463-5462 x 105. 4— CL O w .2 in ® n A O V w N v v 3 `m o C a a c N Lc o c 3 O D CL _ N O N o i Q C a, •EL c N�sE •E c O c0 �O U O 3Ew C O 3 c - .� E ' Aa N N o T a N o E O 01 0 =U on Q� LE -.1 O d Ln o o3E U N LL E 4a —Q ca 4- O + Nca 7 41 IL ; NO � O C a) v 'O NtNC O 0 vii 41 U A C= C O o C O c,,:)ON 0 0 c c E c .0 E O ca (U -0 E o N c O n L41 O E 0 E coo CLn7I +- ova)ora> ° Ec CCL -O •� N 3 .r'' C i -0 O as C6 p - V �O y a) �. � V• n3 C N O C oin aJ 'in Ln CU W 4- a) aJ Wo3aL,v�E t11- a) an ah Eo trr -o O 0 -co aE', - c arcs o CU EC_°� 34 �o� Cu EoonOa)fa a)4 fa oon� X 4- N U S ra c C C L N L a) �.V, E 3 E 0 0 c a C on ca N a) M fa Y 0 a) V C O f6 L C ra f Cr -j �a)= - f"0 .iC40- rt C O c,,:)ON SO O E Q o H O (L) CLn7I _1 Ln 06 Lr� C6 vNi C M M V• Ln Ln Ln 2- tf" ur t11- tit tit ah v} trr -o O 0 Cu C a) J c � a C C ra +- L N N 0 N M V' Ln o r� + Co a) J O G O a) E 0 on Ln p �O n >. 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E E°° a L L .•- N M d• Lr; r N M o A v°4° c aE EO Q �EEo, E E E_ � � � o o •� o � O O N 0 Or V) ° E v CI- r - 3 Qj v O U '~ D+I O G on V O Z O C Z :p a s CU _ ^ :3 t30 OA > C N a0 W C Q > C3 a y o v E m O LL .°CNo� •�E p a L c Qj E 0 11 'f7 a a L O N o C W c u Om d m N Q J aO a O F - o ° o O.. a O E L `L° s o P o a w E o L H z L Q m I- 4= m «s E n N N u v C ns N C 0 Ln Q s O CL O Qj Q 4 Qj ° a Qj � O a 0 � v Qj `G � Q) Imo- 3 u•i O � a M N 1l N N O0 rt3 C On V Z O_ O C V M M v r!• v Lf; Ln Ln LLn -U r VII an V1. Vr yr to v} N M V Ln 10 r� + OO 11 'f7 a a L O N o C W c u Om d m N Q J aO a O F - o ° o O.. a O E L `L° s o P o a w E o L H z L Q m I- 4= m «s E n N N u v C ns N C 0 Ln Q s O CL O Qj Q 4 Qj ° a Qj � O a 0 � v Qj `G � Q) Imo- 3 u•i O � a 0 N V rt3 0 On V Z O_ O C V O O I— aO X L + N N oV, a 41 4- C H W o E o on EN.0 'E La Z V � o a E o N� a !- V � on C) a 11 'f7 a a L O N o C W c u Om d m N Q J aO a O F - o ° o O.. a O E L `L° s o P o a w E o L H z L Q m I- 4= m «s E n N N u v C ns N C 0 Ln Q s O CL O Qj Q 4 Qj ° a Qj � O a 0 � v Qj `G � Q) Imo- 3 u•i 11 0 1 IM1:44111ZNil 7_11111=F September 2, 2009 SUBJECT: AUTHORIZE THE CITY MANAGER TO EXECUTE A CONSULTANT SERVICES AGREEMENT WITH SHN CONSULTING ENGINEERS TO PROVIDE ENVIRONMENTAL ENGINEERING SERVICES FOR THE ORCHARD AVENUE BRIDGE PROJECT Background: Environmental Engineering services are needed to ensure compliance with all cultural and environmental permits. In addition to the requirements of the Environmental Impact Report (EIR), permits were required from California Department of Fish and Game (CDFG), U.S. Army Corps of Engineers (USACE), the North Coast Regional Water Quality Control Board (NCRWQCB), and California State Historic Preservation Officer (Cal-SHPO) for this project. The Economic Development Administration (EDA) requires compliance with all permits for reimbursement of all eligible project costs. Discussion: The City issued a Request for Proposal to four companies to provide Environmental Engineering services, which includes preparing, processing and monitoring USACE 404 permits, NCRWQCB 401 permits, and the CDFG 1600 permits, monitoring of the Storm Water Pollution Prevention Plans (SWPPP) in compliance with the State Water Resources Control Board (SWRCB), and onsite cultural resource monitoring during all site excavations in compliance with Cal-SHPO. Proposals were received from three companies, Winzler & Kelly, Harris and Associates, and SHN Consulting Engineers & Geologists. However, only the proposal from SHN included the entire scope of work needed. Staff is recommending authorization for the City Manager to execute a Consultant Services Agreement with SHN in the amount of $38,670 for Environmental Engineering services for the Orchard Avenue Bridge Project. Funds for these services are available under account number 290.9645.800.000 and $32,369 is reimbursable from EDA grant funds under the Cost Classification, "Other architectural and engineering fees". Continued on Page 2 Recommended Action(s): Authorize the City Manager to execute a consultant services agreement with SHN for Environmental Engineering services for an amount not to exceed $38,670. Alternative Council Option(s): Reject recommended action(s) and provide staff with alternate direction. Citizens advised: n/a Requested by: Tim Eriksen, Director of Public Works/City Engineer Prepared by: Ann Burck, Deputy Director Public Works — Water & Sewer Division Coordinated with: Jane Chambers, City Manager Attachments: None Approved: � Jia e Chambers, City Manager Page 2 Staff would like to thank all the companies that submitted proposals for the construction inspection services. All of their efforts are very much appreciated. Fiscal Impact: Budgeted FY 09/10 F� New Appropriation F-1 Not Applicable Budget Amendment Required Amount Budgeted Source of Funds Account Number Addit. Appropriation Requested $ ? Orchard Ave. Bridge 290.9645.800.000 $0 ITEM NO.: 10c September 2, 2009 SUBJECT: AUTHORIZE THE CITY MANAGER TO EXECUTE A CONSULTANT SERVICES AGREEMENT WITH SHN CONSULTING ENGINEERS TO PROVIDE RESIDENT ENGINEERING SERVICES FOR THE ORCHARD AVENUE BRIDGE PROJECT Background: The Economic Development Administration (EDA), which is providing funding for this project, has an extensive list of Supplemental General Conditions that must be met. Resident Engineering services are needed for the oversight of construction of the Orchard Avenue Bridge Project and compliance with all EDA requirements for reimbursement for all eligible costs. Discussion: The City issued a Request for Proposal to four companies to provide Resident Engineering services, which includes contract administration, construction management, routine on-site observation of the contractor's progress for pay quantities, review and processing pay requests, labor compliance and funding agency compliance. Proposals were received from three companies, Winzler & Kelly, Harris and Associates, and SHN Consulting Engineers & Geologists. The proposals were evaluated based on an understanding of the scope of work, relevant project experience, staff experience and qualifications and cost. The proposal cost estimates ranged from $42,631 to $99,840. Staff is recommending authorization for the City Manager to execute a Consultant Services Agreement with SHN in the amount of $42,631 for Resident Engineering services for the Orchard Avenue Bridge Project. Funds for these services are available under account number 290.9645.800.000 and are reimbursable from EDA grant funds under the Cost Classification, "Other architectural and engineering fees". Staff would like to thank all the companies that submitted proposals for the construction inspection services. All of their efforts are very much appreciated. Continued on Paae 2 Recommended Action(s): Authorize the City Manager to execute a consultant services agreement with SHN for Resident Engineering services for an amount not to exceed $42,631. Alternative Council Option(s): Reject recommended action(s) and provide staff with alternate direction. Citizens advised: n/a Requested by: Tim Eriksen, Director of Public Works/City Engineer Prepared by: Ann Burck, Deputy Director Public Works — Water & Sewer Division Coordinated with: Jane Chambers, City Manager Attachments: None Approved: J7 Chambers, City Manager Fiscal Impact: ❑X Budgeted FY 09/10 1-1 New Appropriation Amount Budgeted Source of Funds $ ? Orchard Ave. Bridge 1-1 Not Applicable ❑ Budget Amendment Required Account Number Addit. Appropriation Requested 290.9645.800.000 $0 kITEM N MEETING D� city of Z-1kjafr AGENDA SUMMARY - - :- 1E September 2, 2009 SUBJECT: AUTHORIZE THE CITY MANAGER TO EXECUTE A CONSULTANT SERVICES AGREEMENT WITH SHN CONSULTING ENGINEERS TO PROVIDE CONSTRUCTION INSPECTION SERVICES FOR THE ORCHARD AVENUE BRIDGE PROJECT Background: Construction inspection services are needed for the Orchard Avenue Bridge Project. The Economic Development Administration (EDA), which is providing funding for this project, requires a qualified, full time, on site construction inspector approved by EDA. Discussion: The City issued a Request for Proposal to four companies to provide full time, on site construction inspection services for the Orchard Avenue Bridge Project. Proposals were received from four companies, Winzler & Kelly, Harris and Associates, Anchor Engineering and SHN Consulting Engineers & Geologists. The proposals were evaluated based on an understanding of the scope of work, relevant project experience, staff experience and qualifications and cost. The proposal cost estimates ranged from $92,775 to $136,500. Staff is recommending authorization for the City Manager to execute a Consultant Services Agreement with SHN in the amount of $92,775 for construction inspection services for the Orchard Avenue Bridge Project. Funds for these services are available under account number 290.9645.800.000 and are reimbursable from EDA grant funds under the Cost Classification, "Project Inspection Fees". Staff would like to thank all the companies that submitted proposals for the construction inspection services. All of their efforts are very much appreciated. Continued on Page 2 Recommended Action(s): Authorize the City Manager to execute a consultant services agreement with SHN for construction inspection services for an amount not to exceed $92,775. Alternative Council Option(s): Reject recommended action(s) and provide staff with alternate direction. Citizens advised: n/a Requested by: Tim Eriksen, Director of Public Works/City Engineer Prepared by: Ann Burck, Deputy Director Public Works — Water & Sewer Division Coordinated with: Jane Chambers, City Manager Attachments: Approved: PLL J(ne Chambers, City Manager Page 2 Fiscal Impact: Budgeted FY 09/10 1-1 New Appropriation Amount Budgeted Source of Funds $ ? Orchard Ave. Bridge F Not Applicable F Budget Amendment Required Account Number Addit. Appropriation Requested 290.9645.800.000 $0 City aj 2lkiah �-i11:31 x01 �c1T41 d WA ITEM NO.. 10e September 2, 2009 LUTION THE WATER FUND BUDGETS FOR FISCAL YEAR 2009/2010 On August 20 a special meeting was held by the City Council to review the budgets for both the Water and Sewer Funds. This report and resolution are for the Water Fund only. The Sewer Fund remains to be reviewed at a joint meeting with the Sanitation District Board. At the August 20 meeting, the City Council and Staff discussed the projected revenues and expenditures in the water fund for fiscal year 2009/2010. The water fund is a stand alone business enterprise which must charge fees adequate to support the delivery of water to customers. The cost of refurbishment of the infrastructure that supplies water to the community, record low levels of water in Lake Mendocino, and current economic and climate conditions all contribute to making forecasts for both revenues to be received by the utility ( water use) and expenditures more difficult and subject to change than in typical years. Water Fund Revenue Total revenue projected for FY 2009/2010 is $3,327,159. To reach this revenue projection, staff has included an estimate of $738,000 that will be collected based upon an anticipated rate increase. The utility is at the close of its five year rate, and City Council will be reviewing a proposed new five year rate study in the coming weeks. The proposed revenue for fiscal year 2009/2010, if the $738,000 of projected revenues is excluded, would be 12% less than that of fiscal year 2008/2009 revenue. Expense Proposed expenditures include expenses of $745,000 for the completion of the Oak Manor well. This well will deliver water and redundancy to the water system that will decrease expenses in the future and secure the water resource for the customer. It should be noted that the 08/09 budget absorbed the costs of the Gobbi/Orchard Avenue well project, known as Gobbi Well #7. Continued on Page 2 Recommended Action(s): Revise proposed budget and adopt revised budget. Alternative Council Option(s): Provide staff to prepare a revised budget for council consideration Citizens advised: Requested by: City Manager Prepared by: Tim Eriksen, Director of Public Works and City Engineer Coordinated with: Gordon Elton, Finance Director Attachments: 1 Resolution to Adopt Budget 2 Budaet oaaes Approved:7. ' =— J Chambers, City Manager Page 2 of 2 SUBJECT: ADOPT BY RESOLUTION THE WATER FUND BUDGETS FOR FISCAL YEAR 2009/2010 September 2, 2009 Fund Balance The City began fiscal year 2008/2009 with a Budgeted Fund Balance of $335,264. However the projected actual Fund Balance is $657,512. The proposed Fund Balance $759,800 reflects the adoption of our new rate structure which should be before the City Council in the fall of 2009. The two wells, Gobbi #7 and Oak Manor #8, have been included in this proposed Fund Balance. , IACHWENATT L- T - 0 [§j!A'FAjMrAj@j 4jjjP&Ajj 11019 1 1 1 qQAjj0"gMj:V _ R421101 BE IT RESOLVED by the City Council of the City of Ukiah, State of California, that the Budget for the City of Ukiah Water Funds 820 and 840 for the Fiscal Year beginning July 1, 2009, and ending June 30, 2011, is hereby adopted with expenditures summarized as follows: Fund 820 Fund 840 $2,682,480 $1,743,899 PASSED AND ADOPTED this 2nd day of September, 2009, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: Philip E. Baldwin, Mayor ATTEST: JoAnne M. 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