HomeMy WebLinkAbout2014-10-01 PacketPage 1 of 3
CITY OF UKIAH
CITY COUNCIL AGENDA
Regular Meeting
CIVIC CENTER COUNCIL CHAMBERS
300 Seminary Avenue
Ukiah, CA 95482
October 1, 2014
6:00 p.m.
1. ROLL CALL
2. PLEDGE OF ALLEGIANCE
3. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS
a. Presentation: Celebration of 100 years of City Management.
4. PETITIONS AND COMMUNICATIONS
5. APPROVAL OF MINUTES
a. Minutes of September 17, 2014, a Regular Meeting.
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. Approval of Publishing Services by Ukiah Daily Journal for Fiscal Year 2014/2015, in the
Amount of $6.25 Per Column Inch for the First Insertion and $4.26 Per Column Inch for
Each Subsequent Insertion of the Same Advertisement.
b. Report Award of Three-Year Landscape Maintenance Contract at the Orchard Substation to
Keough’s Landscaping, Inc. in the Amount of $14,400.
c. Award Contract to Traffic Limited for Street Striping 2014, Specification Number 14-14 in
the Amount of $30,733.70.
d. Notification of Purchase of Services in the Amount of $15,360 from Rau and Associates for
Survey Work at the Water Treatment Plant.
e. Notification of Purchase of Services in the Amount of $11,000 from LACO and Associates
for Phase II Environmental Assessment at 1350 Hastings Road (EUD).
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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. COUNCIL REPORTS
10. CITY MANAGER/CITY CLERK REPORTS
11. PUBLIC HEARINGS (6:15 PM)
a. Conduct a Public Hearing to Receive Public Comment and Adopt a Resolution Approving
the Community Development Block Grant (CDBG) Program Income Reuse Plan for the City
of Ukiah.
b. Conduct a Public Hearing to Receive Public Comment and Adopt a Resolution Approving
the Revised City of Ukiah Community Development Block Grant (CDBG) 2014 Single-Unit
Housing Rehabilitation Guidelines.
12. UNFINISHED BUSINESS
a. Adoption of the Revised City of Ukiah’s Camping and Panhandling Ordinances.
b. Discuss and Adopt Resolution Adopting City of Ukiah Camping Ordinance Clean-Up
Procedures.
c. Appointment of Ad/Hoc Committee Regarding Homeless Issues and Emergency Shelter
and Possible Use of the Transient Occupancy Tax to Assist with Homeless Shelter
Services.
d. Award Purchase of 2015 Ford Model F750 Truck, Standard Cab with Scelzi 2,000 Gallon
Water Tank Body for the Public Works and Parks Departments to Mission Valley Ford Truck
Sales in the Amount of $104,719.49.
e. Approval of Notice of Completion for Calvert Drive and Willow Avenue Water Main
Replacement, Specification No. 13-02.
13. NEW BUSINESS
a. Quarterly Review of the Ukiah Valley Fire District and City of Ukiah Contract Report.
14. CLOSED SESSION – Closed Session may be held at any time during the meeting
a. Conference with Legal Counsel – Anticipated Litigation
Significant exposure to litigation pursuant to Gov’t Code 54956.9(d)(1) (1 case)
b. Conference with Legal Counsel – Pending Litigation
Initiation of litigation pursuant to Government Code Section 54956.9(c): (1 case)
c. Conference with Legal Counsel – Existing Litigation
(Government Code Section 54956.9(d)(1))
Name of case: Ukiah Valley Sanitation District v. City of Ukiah, Mendocino County Superior
Court Case No. SCUK-CVC-13-63024
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d. Conference with Real Property Negotiators (§54956.8)
Property: APN 180-070-19
Negotiator: Jane Chambers, City Manager
Negotiating Parties: City of Ukiah and RCMC, LLC
Under Negotiation: Price & Terms
e. Conference with Real Property Negotiators (§54956.8)
Property: APN 003-572-17-00 and 003-572-18-00 Negotiator: Jane Chambers, City
Manager
Negotiating Parties: City of Ukiah and Cooper, Donna Mae
Under Negotiation: Price & Terms
f. Conference with Real Property Negotiators (§54956.8)
Property: APN 002-192-1400
Negotiator: Jane Chambers, City Manager
Negotiating Parties: City of Ukiah and Ukiah Valley Medical Center
Under Negotiation: Price & Terms
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, 8:00 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 26th day of September, 2014.
Kristine Lawler, City Clerk
Agenda Item 5a
Page 1 of 5
CITY OF UKIAH
CITY COUNCIL MINUTES
Regular Meeting
CIVIC CENTER COUNCIL CHAMBERS
300 Seminary Avenue
Ukiah, CA 95482
September 17, 2014
6:00 p.m.
1. ROLL CALL
Ukiah City Council met at a Regular Meeting on September 17, 2014, having been legally noticed
on September 12, 2014. Mayor Baldwin called the meeting to order at 6:05 p.m. Roll was taken
with the following Councilmembers Present: Steve Scalmanini, Douglas F. Crane, Benj Thomas,
Vice Mayor Mary Anne Landis, and Mayor Phil Baldwin. Staff Present: Jane Chambers, City
Manager; David Rapport, City Attorney; and Kristine Lawler, City Clerk.
2. PLEDGE OF ALLEGIANCE
3. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS
a. Presentation: Recognition of Outstanding Performance for St. Mary’s School and
Sierra Sunset Apartments.
Presenter: Tim Eriksen, Public Works Director and Julie Price, Ukiah Waste Solutions.
Public Comment: Quintan Roland, Sierra Sunset Apartments Manager; Wendy Roland, Sierra
Sunset Apartments Manager; Mary Leittem-Thomas, St. Mary’s School Principal; Maggie Flaherty,
St. Mary’s School Former Student Body President; Josefina Cavalin, St. Mary’s School Current
Student Body President; and Dominic Anzilotti, St. Mary’s School Environmental Steward.
b. Update Regarding Visit Ukiah Activities and Progress.
Presenters: Shannon Riley, Program/Project Analyst and Kerry Randall, Facilities Administrator.
4. PETITIONS AND COMMUNICATIONS
5. APPROVAL OF MINUTES
a. Minutes of September 3, 2014, Regular Meeting.
Motion/Second: Crane/Landis to approve the minutes of September 3, 2014, a Regular Meeting
as submitted. Motion carried by the following roll call votes: AYES: Scalmanini, Crane, Thomas,
Landis, and Baldwin. NOES: None. ABSENT: None. ABSTAIN: None.
6. RIGHT TO APPEAL DECISION
7. CONSENT CALENDAR
a. Report of Disbursements for the Month of August, 2014 – Finance Department.
b. Report Purchase of a Replacement Mower from Belkorp Ag in the Amount of $21,032.04 for
the Parks Department – Community Services Department.
City Council Minutes for September 17, 2014, Continued: Page 2 of 5
c. Adoption of Resolution (2014-34) Setting the Limitation on City Expenditures (Gann Limit)
for Fiscal Year 2014-2015 – Finance Department.
d. Award Purchase of 2015 Ford Model F350 Truck 2 WD, Standard Cab with Scelzi Service
Body for the Street Department to Ukiah Ford for the Total Amount of $34,294.30 – Public
Works Department – Pulled by Councilmember Crane and placed as Agenda Item 13e.
e. Award Purchase of 2015 Ford Model F-450 Xl 2 Wheel Drive, Standard Cab Truck with
Scelzi Service Body for The Water/Sewer Department to Ukiah Ford for the Total Amount of
$73,766.67 – Public Works Department – Pulled by Councilmember Crane and placed as
Agenda Item 13f.
f. Award Purchase of 2014 Ford Model F-150 2 Wheel Drive, Super Cab Truck for the
Water/Sewer Operations Division to Ukiah Ford in the Amount of $24,484.09 – Public
Works Department – Pulled by Councilmember Crane and placed as Agenda Item 13g.
g. Award Purchase of 2015 Ford Model F750 Truck, Standard Cab with Scelzi 2,000 Gallon
Water Tank Body for the Public Works and Parks Departments to Mission Valley Ford Truck
Sales in the Amount of $104,719.49 – Public Works Department – Pulled by
Councilmember Crane and placed as Agenda Item 13h.
Motion/Second: Crane/Thomas to approve Consent Calendar Items 7a-c as submitted. Motion
carried by the following roll call votes: AYES: Scalmanini, Crane, Thomas, Landis, and Baldwin.
NOES: None. ABSENT: None. ABSTAIN: None.
8. AUDIENCE COMMENTS ON NON-AGENDA ITEMS
9. COUNCIL REPORTS
Presenter: Vice Mayor Landis.
10. CITY MANAGER/CITY CLERK REPORTS
Presenters: Jane Chambers, City Manager; Tim Eriksen, Public Works Director; Sage
Sangiacomo, Assistant City Manager; and Charley Stump, Planning and Community Services
Director.
11. PUBLIC HEARINGS
12. UNFINISHED BUSINESS
a. Provide Direction to Staff Regarding Priority Projects for the Ukiah Bicycle and
Pedestrian Master Plan – Public Works Department.
Presenters: Tim Eriksen, Public Works Director; Rick Seanor, Deputy Public Works Director; and
Kristin Maravilla, Alta Planning + Design Consultant.
Public Comments: John Johns, Niel Davis, Susan Knopf, Daphne Macniel, and John McCowen.
Motion/Second: Crane/Landis to approve the five priority projects listed for the Ukiah Bicycle and
Pedestrian Master Plan. Motion carried by the following roll call votes: AYES: Scalmanini, Crane,
Thomas, Landis, and Baldwin. NOES: None. ABSENT: None. ABSTAIN: None.
City Council Minutes for September 17, 2014, Continued: Page 3 of 5
13. NEW BUSINESS
a. Discussion and Consideration of Revising the City of Ukiah’s Camping and
Panhandling Ordinance – Police Department.
Presenter: Chief Chris Dewey, Police Chief.
Public Comment: Mike Ammerman; Pinky Kushner; Robin Thomas; Libby Guthrie, Ad Hoc
Emergency Shelter Committee; John McCowen; Judy Popowski; Kevin Murphy; Michael
Dominoski; Judy Shook; Peter Barret; Marlene Kurowski, Plowshares; Roe Sandolin; Susan Knopf;
Scott Miller; Annie Gould; and Joann Brewer.
Motion/Second: Crane/Thomas to introduce the ordinance regarding camping by title only. Motion
carried by the following roll call votes: AYES: Crane, Thomas, Landis, and Baldwin. NOES:
Scalmanini. ABSENT: None. ABSTAIN: None.
City Clerk, Kristine Lawler, read the title.
Motion/Second: Crane/Landis to adopt the ordinance amending Division 7, Chapter 1, Article 8 of
the Ukiah City Code, entitled “Camping.” Motion carried by the following roll call votes: AYES:
Crane, Thomas, Landis, and Baldwin. NOES: Scalmanini. ABSENT: None. ABSTAIN: None.
Motion/Second: Crane/Landis to introduce ordinance by title only. Motion carried by the following
roll call votes: AYES: Crane, Thomas, Landis, and Baldwin. NOES: None. ABSENT: Scalmanini.
ABSTAIN: None.
City Clerk, Kristine Lawler, read the title.
Motion/Second: Landis/Crane to adopt the ordinance amending Section 6092 in Division 7,
Chapter 1, Article 9 of the Ukiah City Code, entitled “Unlawful Panhandling”. Motion carried by the
following roll call votes: AYES: Crane, Thomas, Landis, and Baldwin. NOES: None. ABSENT:
None. ABSTAIN: Scalmanini.
Consensus of the Council directs staff to place an agenda item on the October 1, 2014, City
Council meeting, to discuss whether the City would commit funding for an emergency shelter and
the appointment of an ad hoc committee to attend the homeless group that is already convening.
Resolution will be brought back to the October 1, 2014, City Council meeting per department.
RECESS: 9:59 - 10:06 P.M.
b. Adopt Resolution Establishing Prequalification Procedures for Contractors Bidding
on Public Works Projects – Public Works Department.
Presenter: Tim Eriksen, Public Works Director and Rick Seanor, Public Work Deputy Director.
Public Comment: Sage Sangiacomo, Assistant City Manager and Kevin Doble.
Motion by Vice Mayor Landis, Seconded by Councilmember Thomas to adopt resolution
establishing prequalification procedures for contractors bidding on Public Works projects.
The Maker and the Second approved an amended motion to read as follows:
City Council Minutes for September 17, 2014, Continued: Page 4 of 5
Motion/Second: Landis/Thomas to adopt resolution (2014-35) establishing prequalification
procedures for contractors bidding on Public Works projects when required by the funding source,
with the modification to change the number of days to deliver an appeal notice to five days. Motion
carried by the following roll call votes: AYES: Scalmanini, Crane, Thomas, Landis, and Baldwin.
NOES: None. ABSENT: None. ABSTAIN: None.
e. Award Purchase of 2015 Ford Model F350 Truck 2 WD, Standard Cab with Scelzi
Service Body for the Street Department to Ukiah Ford for the Total Amount of
$34,294.30 – Public Works Department – Pulled by Councilmember Crane from Consent
Calendar Agenda Item 7d.
f. Award Purchase of 2015 Ford Model F-450 Xl 2 Wheel Drive, Standard Cab Truck with
Scelzi Service Body for The Water/Sewer Department to Ukiah Ford for the Total
Amount of $73,766.67 – Public Works Department – Pulled by Councilmember Crane from
Consent Calendar Agenda Item 7e.
g. Award Purchase of 2014 Ford Model F-150 2 Wheel Drive, Super Cab Truck for the
Water/Sewer Operations Division to Ukiah Ford in the Amount of $24,484.09 – Public
Works Department – Pulled by Councilmember Crane from Consent Calendar Agenda Item
7f.
h. Award Purchase of 2015 Ford Model F750 Truck, Standard Cab with Scelzi 2,000
Gallon Water Tank Body for the Public Works and Parks Departments to Mission
Valley Ford Truck Sales in the Amount of $104,719.49 – Public Works Department –
Pulled by Councilmember Crane from Consent Calendar Agenda Item 7g.
Presenter: Tim Eriksen, Public Works Director.
Motion/Second: Crane/Landis to award purchase of the following vehicles:
• (13e/7d) 2015 Ford model F350 truck 2 WD, standard cab with Scelzi service body for the
Street Department to Ukiah Ford for the total amount of $34,294.30;
• (13f/7e) 2015 F-450 XL 2 Wheel Drive truck with Scelzi Service Body in the amount of
$73,766.67 to Ukiah Ford;
• (13g/7f) 2014 F-150 2 Wheel Drive Super Cab Truck in the amount of $24,484.09 to Ukiah
Ford;
And not move approval of 13h/7g at this time. Motion carried by the following roll call votes: AYES:
Scalmanini, Crane, Thomas, Landis, and Baldwin. NOES: None. ABSENT: None. ABSTAIN: None.
c. Consideration of Non-Financial Partnership Request and Adoption of Resolution
Supporting North Bay Made.
Presenter: Shannon Riley, Program/Project Analyst.
Motion/Second: Landis/Thomas to adopt resolution (2014-36) supporting non-financial
partnership with North Bay Made. Motion carried by the following roll call votes: AYES:
Scalmanini, Crane, Thomas, Landis, and Baldwin. NOES: None. ABSENT: None. ABSTAIN: None.
City Council Minutes for September 17, 2014, Continued: Page 5 of 5
d. Quarterly Review of the Ukiah Valley Fire District and City of Ukiah Contract Report.
Presenter: Jane Chambers, City Manager.
This agenda item was continued to the October 1, 2014, meeting
CITY COUNCIL ADJOURNED TO SUCCESSOR AGENCY TO THE UKIAH REDEVELOPMENT
AGENCY, FOLLOWED BY CLOSED SESSION AT 10:49 P.M.
14. CLOSED SESSION
a. Conference With Legal Counsel – Anticipated Litigation
Significant exposure to litigation pursuant to Gov’t Code 54956.9(d)(1) (1 case)
b. Conference with Legal Counsel – Existing Litigation
(Government Code Section 54956.9(d)(1))
Name of case: Ukiah Valley Sanitation District v. City of Ukiah, Mendocino County Superior
Court Case No. SCUK-CVC-13-63024
c. Conference with Real Property Negotiators (§54956.8)
Property: APN 180-070-19
Negotiator: Jane Chambers, City Manager
Negotiating Parties: City of Ukiah and RCMC, LLC
Under Negotiation: Price & Terms
d. Conference with Real Property Negotiators (§54956.8)
Property: APN 003-572-17-00 and 003-572-18-00
Negotiator: Jane Chambers, City Manager
Negotiating Parties: City of Ukiah and Cooper, Donna Mae
Under Negotiation: Price & Terms
No action was taken on Closed Session Items.
15. ADJOURNMENT
There being no further business, the meeting adjourned at 11:15 p.m.
________________________________
Kristine Lawler, City Clerk
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
(CDBG)
PROGRAM INCOME (PI) REUSE AGREEMENT
Execution of the this PI Reuse Agreement by both the Jurisdiction and the California,
State Department of Housing and Community Development (Department) provides
official notification of the Department’s approval for the Jurisdiction to expend PI funds
under the State’s administration of the federal Community Development Block Grant
Program (CDBG) for (1) state non-entitlement jurisdictions; and (2) former state non-
entitlement jurisdictions that are now entitlement jurisdictions;, pursuant to the
provisions of 42 U.S. Code (U.S.C.) 5301 et seq., 24 Code of Federal Regulations
(CFR) Part 570, Subpart I, and 25 California Code of Regulations (CCR), Sections 7050
et seq. CDBG funding is listed in the Catalog of Federal Domestic Assistance as
14.228 - CDBG Community Development Block Grant Program. The Agreement also
includes asset repayments from activities administered under DRI contracts.
By completing this PI Reuse Agreement and signing the end of this document, the
Authorized Representative certifies the Jurisdiction has read, understands and will
adhere to the Program Income (PI) Reuse Overview and Process discussed in the first
section of this document, the Jurisdictional Certifications in the second section of this
document, and Department of Housing and Community Development (hereinafter
Department) terms and conditions in the third section of this document.
SECTION ONE: OVERVIEW AND PROCESS
JURISDICTION:
GOVERNING BODY ADOPTED ON:
This PI Reuse Agreement establishes policies and procedures for the administration
and utilization of PI received as a direct result of eligible activities funded under CDBG
and DRI contracts with the Department. For payments generated under DRI contracts,
while the funding was loaned under DRI, when a payment is received, per DRI
regulation, the payment becomes CDBG program income.
Applicability of this Agreement:
This PI Reuse Agreement between the Jurisdiction and Department is required by
CDBG federal regulation. This Agreement allows Jurisdictions receiving repayments
f rom CDBG and DRI assets to spend those PI funds in the absence of an active
Department CDBG grant contract. This Agreement applies to all current Department-
eligible Non-Entitlement Jurisdictions and HUD Entitlement Jurisdictions that are still
receiving Non-Entitlement PI revenue from previous State grants (CDBG and/or DRI).
CDBG PI Reuse Agreem ent
Rev. 7/2014
Page 2 of 40
RECEIPT OF PROGRAM INCOME
Pursuant to the definition of program income found at 24 CFR 570.489(e)(2),
repayments of assets generated from use of CDBG funds received by the Jurisdiction
f rom the Department are PI. These repayments of loans, lease payments, and
proceeds of asset sales will be deposited into one of three separate local PI accounts
depending on what activity generated the PI. It is possible that the Jurisdiction may
have up to three separate accounts with which to manage PI.
1. If the Jurisdiction has a Department approved Revolving Loan Fund (RLF) for
Housing and/or ED, any PI from Housing or ED activities must be deposited into
the RLF associated with the activity that generated the PI.
This means:
a. Housing PI must be deposited into the Housing RLF.
b. ED PI must be deposited into the ED RLF.
Note: The accounts for each RLF must be separate accounts, however they both
must be interest bearing.
2. If RLF(s) are not approved for use, the Jurisdiction must deposit all CDBG
repayments into a single regular PI account which must be separate from either
of the RLF accounts, but it must also be interest bearing.
3. If repayment comes from a loan or asset that was originally paid with CDBG and
non-CDBG funds, the PI accounting and reporting must reflect the correct
amounts and proportions of CDBG PI and non-CDBG funds invested in the
asset. Only the CDBG portion of the repayment is deposited into one of the
three PI accounts.
OVERVIEW OF WAYS TO USE PROGRAM INCOME
There are five (5) ways to manage PI under the Agreement.
They are:
1. Expend PI and RLF monies first on active grant contract activities;
2. Expend PI General Administration (PI GA) for GA Activities (up to allowable limits)
3. Expend through an approved PI Revolving Loan Fund (RLF)
4. Expend PI on an approved waiver activity when no active contract is in force;
5. Return PI annually to the Department.
The undersigned Jurisdiction certifies that PI will be expended first when there is an
active grant contract with the Department. PI being received when there is no active
grant contract will be deposited into separate accounts for approved activities under this
Agreement (via GA, PI W aiver or RLF) and only be distributed and expended, as
follows:
1. Expend PI and RLF Monies First on Active Grant Contract Activities:
CDBG PI Reuse Agreem ent
Rev. 7/2014
Page 3 of 40
If the undersigned Jurisdiction has an active grant contract with the Department,
all PI on hand must be expended on open grant activities, prior to requesting
grant funds f rom the Department.
If the undersigned Jurisdiction has a Department approved PI Revolving Loan
Fund (RLF) per this Agreement, and has an active grant contract which includes
the same eligible CDBG activit y as the RLF, the RLF monies must be expended
f irst before requesting any contract funds from the Department. PI must always
be expended first on active contract activities, prior to requesting grant contract
funds.
See the Chapter on Program Income and Revolving Loan Funds in the
Department’s CDBG Grant Management Manual for additional information
regarding use of PI to pay costs for activities under an active grant contract in the
Department.
2. Expend PI General Administration (PI GA) for GA Activities (up to allowable
limits)
The undersigned Jurisdiction must track a calculation of up to seventeen percent
(17%) of PI received annually for eligible GA costs. However, the seventeen
percent (17%) PI GA only applies to PI received that is not generated by a RLF
activity.
Since all PI must be expended first, GA funds cannot be held and used only as
PI GA costs are incurred. All PI must be spent on the next funds request
submitted. Thus, the Jurisdiction can choose to keep an accounting of the total
amount of PI GA available for use based on all regular PI received.
PI GA funds cannot be used for planning studies or technical assistance
activities, these activities can only be funded under awarded grant contracts. See
the Program Income Chapter for further details on eligible PI GA activities under
this Agreement.
3. Expend PI through an approved PI Revolving Loan Fund (RLF):
To establish one or both of the RLFs discussed below, the undersigned
Jurisdiction must submit formal written request for Department approval using
the required process included with this Agreement.
The undersigned Jurisdiction agrees to all the Department’s RLF requirements as
stated in this Agreement and detailed in the GMM Chapter.
The tw o RLFs and their corresponding definitions, as permitted by this
agreement, are:
CDBG PI Reuse Agreem ent
Rev. 7/2014
Page 4 of 40
1) Housing Revolving Loan Fund (RLF)
Eligible housing activities under this RLF include:
I. Housing Rehabilitation - Single Unit Residence program for owner
and/or tenant occupied properties. Matrix code 14A.
II. Housing Rehabilitation - 2-4 Units program for tenant occupied
properties. Matrix code 14B.
III. Housing Acquisition - Single Family program for homebuyer
assistance. Matrix code 13.
2) Economic Development (ED) Revolving Loan Funds (RLF)
Eligible ED activities under this RLF include:
i. Business Assistance program (direct financial assistance to a
for-profit business). Matrix code18 A; and
ii. Microenterprise Financial Assistance (loans). Matrix code 18C.
The undersigned Jurisdiction will provide program guidelines for all eligible RLF
activities as part of the approval process when obtaining Department approval of
a RLF. Department written approval must be received before incurring any
activit y or activity delivery costs associated with implementing any activities
under the approved RLF. All approved RLF projects, will be required to be
reported to the Department via the applicable CDBG Set-up/Completion reports.
4. Expend PI on an Approved PI Waiver Activity w hen no active contract is in force.
The undersigned Jurisdiction may only utilize the Department’s PI W aiver
process when it has no active grant contracts with the Department. Once there
are no active contracts with the Department, the undersigned Jurisdiction can
have up to two active eligible CDBG activities approved by the Department, for
which PI may be expended. W aivers will consist of a single program, service or
single project activity. If it is a single program activity, it cannot be the same
program activity as funded under an approved RLF.
The undersigned Jurisdiction will follow all PI W aiver procedural requirements as
stated in the Program Income Chapter of the Grant Management Manual (GMM).
W ritten Department approval is required before expending any PI funds on a
W aiver activity. Each W aiver activity must clear the activity General and any
Special Conditions which include federal overlays as posted on Department’s
webpage.
A PI W aiver project can only be approved if the total project / program cost for
CDBG PI Reuse Agreem ent
Rev. 7/2014
Page 5 of 40
the proposed activity is on hand in the Jurisdiction’s PI account. Future PI may
not be committed for PI W aivers.
The undersigned Jurisdiction understands that PI W aiver activities are limited to
two active projects, services and/or programs, and will remain active until close
out has been completed and approved by the Department. Each approved
W aiver activity will be set up with the Department using current Set-Up Report.
The undersigned Jurisdiction understands if they receive a subsequent award of
CDBG funds, upon execution of the new grant contract all waiver activities are to
be completed f irst, af ter which, PI must be expended f irst on the active grant
contract activities. PI W aivers will not be included in the grant, because
Supplemental activities will be included in contracts.
5. Return PI to the Department
The undersigned Jurisdiction has the option to return PI back to the Department.
However, semi-annual and annual reports are still required to confirm PI being
returned.
Intentionally left blank,
please continue to the next page.
CDBG PI Reuse Agreem ent
Rev. 7/2014
Page 6 of 40
SECTION TWO: CERTIFIC ATION FOR PROCESS AND USE OF
PROGRAM INCOME
Since CDBG is a federal funding source, Citizen Participation is required when utilizing
any of the five (5) ways to use PI listed above. Those requirements are incorporated
below.
The certifies that:
1. Resolution:
The PI Reuse Agreement was formally adopted via resolution on
by the Jurisdiction’s Governing Body, executed by
the Authorized Representative and submitted to Department with certif ied copy of
the approving resolution attached for f ull execution.
2. Citizen Participation:
Each of the processes discussed in this Agreement will be carried out in
compliance with the CDBG Citizen Participation process as specified in federal
regulations at 24 CFR 570.486, and Jurisdiction’s public hearing requirements.
3. Governing Compliance:
The undersigned Jurisdiction certifies the administration of all CDBG eligible
activities conducted under the above described W ays to Spend PI, will be
conducted in compliance with all current State and federal regulations and
policies, including all applicable Grant Management Manual (GMM) chapters and
Department Management Memos.
4. Ineligible Activities and Costs:
The undersigned Jurisdiction acknowledges that if ineligible activities or costs are
paid f or with CDBG PI, those funds must be returned to the Jurisdiction’s PI or
RLF account (whichever account expended ineligible funds) using local
Jurisdiction funds.
The undersigned Jurisdiction acknowledges that ineligible activities or costs paid
for with PI under an active grant contract must be repaid to the Department using
local non-federal funds.
5. Jurisdictions Leaving the State Non-Entitlement Program and
Jurisdictions Entering the State Non-Entitlement Program:
CDBG PI Reuse Agreem ent
Rev. 7/2014
Page 7 of 40
The undersigned Jurisdiction certifies that it will follow these procedures when
leaving or entering the State CDBG Program:
A. 24 CFR 570.489(e)(3)(iii) Transfer of program income to Entitlement
program.
Jurisdictions that are entitlement communities or part of an urban
agreement, or grantees that at a later date become an entitlement
community or join a urban agreement, have the following options for PI
and RLFs:
PI not associated with a RLF, the jurisdiction must:
1) Complete the process to certify they will be reporting the State PI into
the Entitlement Programs process, including receipting the CDBG
proceeds into IDIS, or,
2) Return all State CDBG Program Income to the Department, the
amounts on hand once the HUD agreement is signed and as it is
received until all PI generated by State CDBG funding has been
returned.
PI in an approved RLF:
Entitlement jurisdictions and those who are part of an urban agreement
may keep their RLF(s) and monies within an RLF as long as the following
is met:
1) They have a State Reuse Plan (Agreement) signed by the Department
and the City/County Authorized Representative.
2) Agree to operate the RLF under the Department’s RLF rules going
forward
3) Report all expenditure, and accounting of RLF(s) as required by the
Department.
4) The Jurisdiction shall be required to have loan servicing policies and
asset management policies and procedures, pursuant to the
Department’s Grant Management Manual Chapter on Asset and Real
Property Management
B. 24 CFR 570.489(e)(3) (iv) Transfer of program income of grantees losing
Entitlement status.
Upon entry into the State CDBG program, a unit of general local
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government that has lost or relinquished its Entitlement status must submit
a letter to the department, signed by the Authorized Representative stating
which of the following options the jurisdiction will be implementing. Keep
in mind, that retaining Entitlement PI while participating in the State CDBG
program will require PI reporting f or both sets of funding. Entitlement PI
and any PI generated by State CDBG fund cannot be comingled.
W ithin 90 days of leaving the Entitlement Program to join the State CDBG
program, the jurisdiction must certify that it will either:
1) Retain program income generated under Entitlement grants and
continue to comply with Entitlement program requirements for program
income, including reporting it into IDIS or the urban county; or
2) Retain the program income and transfer it to the State CDBG program,
in which case the jurisdiction must comply with the State's rules for PI
and RLF address within this Memo, the Reuse Plan and Chapter 14 of
the Grant Management Memo.
6. Requirements of Program Income
This PI Reuse Agreement is intended to satisfy the requirements specified in
federal statute and regulation at Section 104(j) of the Housing and Community
Development Act ("the Act"), as amended in 1992 and 24 CFR 570.489(e) and
(f ). These statutory and regulatory sections permit a unit of local government to
retain PI for CDBG-eligible activities, with Department approval. Under f ederal
guidelines adopted by the State of California's CDBG Program, local
governments are permitted to retain PI as long as the local government has
received advance approval from the State of a local Agreement that will govern
the expenditure of the PI. This Agreement has been developed to meet that
requirement when an active contract between the Department and the
undersigned Jurisdiction is not in force.
The undersigned Jurisdiction certifies their PI will be used to fund eligible
CDBG activities that meet a National Objective and any public benefit
requirements. Eligible activities, National Objective and public benefit
requirements are specified in Federal Statute at Sections 104(b), 105(a) of The
Housing and Community Development Act of 1974, and in Federal Regulations
at 24 CFR 570.482 and 24 CFR 570.483. The Jurisdiction understands, if it is
determined that an activity/project funded with PI that does not meet a National
Objective and/or meet the public benefit requirement, the Jurisdiction will be
required to use its own local funds to repay the PI Account.
7. Definition of Program Income
"Program Income" means gross income earned by the Jurisdiction from grant-
funded activities and is subject to CDBG regulatory requirements pursuant to
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24 CFR, Part 570.489(e) - Program Administrative Requirements as amended
in the CDBG Final Rule, 24 CFR, Part 570.504 - Program Income, 24 CFR Part
85 – Administrative Requirements for Grants and Cooperative Agreements to
State, Local and Federally Recognized Indian Tribal Governments, and OMB
Circulars A-87 and A-122 as applicable. These regulations include the
requirement that the Jurisdiction record the receipt and expenditure of PI as
part of the financial transactions of the grant activity(ies).
For activities generating PI that are only partially funded with CDBG funds,
such income is prorated to reflect the actual percentage of CDBG participation.
Examples of PI include but are not limited to: payments of principal and
interest on housing rehabilitation or business loans made using CDBG funds;
interest earned on PI pending its disposition; interest earned on funds that have
been placed in a revolving loan account; net proceeds from the disposition by
sale or long-term lease of real property purchased or improved with CDBG
funds; and, income (net of costs that are incidental to the generation of the
income) from the use or rental of real property that has been acquired,
constructed or improved with CDBG funds and that is owned (in whole or in
part) by the participating Jurisdiction or Sub-recipient.
8. Fiscal Reporting of Program Income Receipts, Deposits and
Disbursements
The undersigned Jurisdiction certifies that CDBG PI will be accounted for using
the Department’s fiscal year timeframe (July 1 to June 30). All receipts of PI or
RLF revenue (and the depositing of those funds into separate account(s)) and
expenditures of PI in accordance with this PI Reuse Agreement will be
monitored and reported per the Department’s f iscal year cycle. The
undersigned Jurisdiction certifies that they will report using the Department’s
reports/forms and will submit them in a timely manner.
9. Duration of This Program Income Reuse Agreement
The undersigned Jurisdiction certifies that it and its Governing Body
understand that this document is effective for five (5) years from the execution
date by the authorized CDBG Representative listed in this Agreement. At that
time unless here are no further CDBG PI assets generating repayments, or the
Jurisdiction has become a HUD entitlement Jurisdiction and uses these funds
for entitlement activities, a new PI Reuse Agreement will be submitted to the
Department. The Department has the Authority to void the Agreement with
notice for cause.
10. Program Income General Administration (PI GA)
A. After the PI Reuse Agreement is executed, the Jurisdiction reserves the right
to calculate and track up to seventeen percent (17%) of PI received pursuant
to Section 1, item 2 above, for payment of eligible PI GA costs. PI GA will not
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be calculated for any RLF deposits. PI GA funds will not be used until
General Conditions for PI GA are cleared and Departmental written approval
is received. As noted above, these funds cannot be set aside since all PI
must be expended first on whatever CDBG cost must be paid next, however
tracking the amount of PI GA generated by the Jurisdiction’s PI revenue
permits the Jurisdiction to use that amount on eligible CDBG costs that don’t
have to meet a national objective, and ensures the Department is not
exceeding the administrative funding cap of twenty percent (20%), as set by
federal statute.
B. If more funds are expended than what is available under PI GA calculation,
the Jurisdiction will be required to return the over-expended PI GA amount
back into their PI Account.
C. Ineligible PI GA costs will be required to be returned to their PI Account.
D. PI GA funds, once approved for use, may be used to pay for costs associated
with receiving Department approval of PI activities funded under this
agreement. Before submitting any proposed PI activities (W aivers or RLF) for
Department approval, the Jurisdiction must hold at least one formal public
hearing to discuss eligible activities and proposed PI activities. Department
recommends that this public hearing be conducted to review current fiscal
year PI activities and proposed and possible activities for future Department
applications.
11. Revolving Loan Funds (RLFs)
A. Pursuant to the criteria noted below, the undersigned Jurisdiction may be
eligible to apply for the Housing RLF and/or the ED RLF.
B. RLFs listed under the Agreement will only be utilized after the Jurisdiction
submits written certification as well as the required guideline documents, and
receives written Departmental approval certifying that the proposed RLF
meets the Department’s definition as follows:
1) There are existing loans and assets from past RLF eligible activities that
can be reasonable expected to generate repayments.
2) The existing loans and assets have generated at least one loan
repayment in the current fiscal year.
C. The two RLFs and their respective CDBG eligible activities listed in this
Agreement will be administered under the guidance and requirements
provided in this Agreement and in the Department’s current GMM Chapter on
Program Income, and any subsequent policy, regulation, or statutory
guidance, from the Department.
D. Pursuant to Management Memorandum 14-05, the undersigned Jurisdiction
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certifies acknowledgement that the Department reserves the right to cancel
the grantee’s RLF and require the funds to be returned to the Department
as a corrective action for significant, ongoing non-compliance with RLF
rules.
E. The two (2) RLFs listed below each have a multiple eligible CDBG program
activities. All CDBG rules pertaining to eligible RLF program activities will
be followed.
1) Housing Revolving Loan Fund
There are three (3) housing programs that must be made available
under this RLF. The Jurisdiction will get written Department approval
for all three programs as part of Housing RLF approval.
Eligible housing activities under this RLF include:
i. Housing Rehabilitation - Single Unit Residence program for owner
and/or tenant occupied properties. Matrix code 14A.
ii. Housing Rehabilitation - 2-4 Units program for owner and/or tenant
occupied properties. Matrix code 14B.
iii. Housing Acquisition - Single Family program for homebuyer
assistance. Matrix code 13.
2) Economic Development (ED) Revolving Loan Funds (RLF)
Eligible ED activities under this RLF include:
i. Business Assistance program (direct financial assistance to a for-
profit business). Matrix code18A; and
ii. Microenterprise Financial Assistance. Matrix code 18C.
F. Each approved RLF will offer all eligible activities under the RLF definition.
G. Separate and formally adopted program guidelines for each eligible activity
will be provided to the Department as part of General Conditions for all
eligible RLF activities when obtaining Department approval of a RLF.
H. The undersigned Jurisdiction acknowledges that although all eligible
activities under each approved RLF must be available, the Jurisdiction has
the discretion to fund RLF loans for the activity or activities they deem to
address the greatest need in their community.
I. RLF receipts on deposit may be used for one or both single family housing
program activities. Alt hough both activities are required to be approved by
the Department for use under the RLF, the Jurisdiction may choose to only
operate one program at time or both simultaneously.
J. In addition, each approved RLF will meet the following criteria:
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1) RLFs will operate on a fiscal year of July 1 to June 30 for accounting
and performance reporting.
2) Jurisdictions will set up RLFs as separate accounts (Housing and ED
RLF accounts must be separate) with separate fund and transaction
numbers. All other CDBG funds received as PI must be accounted for
in a separate account.
3) All accounts set up pursuant to 2.G.2 will be interest bearing.
4) RLF monies will be expended first when the same RLF activity is
funded under an awarded active grant contract.
5) RLF projects may be funded with both RLF monies and an active grant
contract.
6) RLFs will be expended primarily on loans since RLFs must revolve.
Thus, activities under an active contract that are funded using only
grants rather than loans, will use contract f unds not RLF monies to pay
for the activity. Microenterprise grants, home repair grants and closing
cost grants, that do not have loans associated with them, will not
become RLF assets and therefore will not require RLF funds to be
spent first on the active grant activities.
7) The RLFs will primarily provide financing instruments that will revolve,
(i.e. loans), RLFs cannot fund projects primarily or solely with grants or
forgivable loans.
8) RLF receipts from loans or assets generated from the same program
activity, (i.e. single family housing rehabilitation loan repayments will
only be deposited into a Housing RLF). Thus, repayments from the
same program activities that go into an RLF must be used for
originating loans for the same program activities.
9) RLF PI balances will not be moved to another approved RLF account or
to the Jurisdiction’s regular PI account. The Department may use a
state or f ederal disaster declaration to formally allow for re-purposing of
PI funds by the Jurisdiction. Funds approved by the Department for re-
purposing to meet an urgent need are considered PI and must be
expended f irst under active grant contracts or under approved waivers if
there is no active contract.
10) RLFs that become depleted of funds and do not have additional asset
repayments to sustain revolving activities, such that no longer meeting
the Departments RLF definition, will be canceled by the Department.
11) RLF PI received and deposited is not allowable for PI GA expenses
thus, seventeen percent (17%) cannot be set aside as with Jurisdictions
with separate PI accounts.
12) RLFs with no annual revolving activities, (i.e. approved loans), are not
able to be used by the Jurisdiction for reimbursement of non-revolving
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costs therefore, activity delivery (AD) costs are not eligible. AD costs
are only eligible if one or more projects are funded and
accomplishment data (i.e. beneficiaries), for those activity(ies), on
an annual basis, are reported.
13) RLF projects must be documented as meeting a national objective. If a
project does not meet a national objective, then all expenses associated
with the project (activity and activity delivery funds) must be repaid to
the RLF with non-federal funds.
14) Given that RLF revenue cannot be “banked”, to remain eligible, a RLF
must revolve. To meet the definition of revolving, the undersigned
Jurisdiction will not have more than $100,000 on deposit in an RLF within
a fiscal year without making at least one loan. Nor will the undersigned
Jurisdiction have more than $500,000 on hand even if making loans,
each fiscal year.
15) The undersigned Jurisdiction certifies they are aware that the
Department will address excess funds and revolving compliance by
issuing finding letters to the grantee which could result in the
Department cancelling the grantee’s RLF, which immediately converts
the funds to PI; and, therefore, must be used prior to drawing down
grant funds.
16) RLF activity delivery funds (AD) may be used to pay for loan servicing
costs.
17) Citizens of the Jurisdiction must be the primary beneficiaries of all RLF
program activities.
18) Financial and performance reporting, on RLF projects will be done
using current eligible activity set up, performance and completion
reports for National Objective data and beneficiary demographics as
HUD required accomplishment information.
19) Additional financial reports for RLF PI deposits and expenditures will be
done twice a year using the Department’s current PI fiscal reporting
forms.
20) The Jurisdiction will be required to repay the RLF account for ineligible
costs or activities with local non-federal funds.
21) RLF programs will meet the CDBG National Objective of benefit to
Low/Moderate-income (Low/Mod) households. per 24 CFR Part 5, and
in accordance with the Department’s Income Manual.
22) Loan servicing costs under the RLFs are not eligible as PI GA costs but
are eligible AD costs. As such, loan servicing costs are only eligible if
one or more loans are made fiscally.
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K. Activity Specific Requirements:
1) Housing RLF:
a. All Housing Rehabilitation and Homeownership Assistance
programs will only fund projects that meet a National Objective and
comply with other State and federal requirements, including
Department Management Memorandums and GMM Chapters on
Housing Rehabilitation, Multi-Family Rehabilitation (2-4 units), and
Homeownership Assistance.
b. No more than nineteen percent (19%) of funds expended for
Housing Rehabilitation in the RLF will be used for AD costs on an
annual fiscal basis.
c. No more than eight percent (8%) of funds expended in a fiscal year
for Homeownership Assistance will be used to reimburse eligible
AD costs.
d. AD costs are not eligible until one loan is approved, closed and
project beneficiary information is submitted.
e. Projects cannot be solely funded as a grant.
2) ED RLF:
a. Both ED programs will only fund projects that meet a National
Objective and comply with other State and federal requirements,
including Department Management Memorandums and GMM
Chapters on Microenterprise and BA program.
b. Income eligibility must be met per 24 CFR Part 5 and in accordance
with the Department’s Income Manual.
c. No more than 15 percent (15%) of the total funds expended for BA
or Microenterprise financial assistance activities shall be used to
reimburse Jurisdiction for eligible activity delivery (AD) costs on an
annual fiscal basis.
d. Annual AD costs are not eligible until one loan is approved, closed
and project beneficiary information is submitted.
e. For Business Assistance (BA), local review and underwriting of
business assistance projects requesting a CDBG loan under this
RLF shall be conducted under the Business Assistance Program
Guidelines that have been adopted by the Governing Body of the
undersigned Jurisdiction and approved in writing by the
Department, as part of RLF approval.
f. For Microenterprise Assistance (ME) The CDBG eligible activity
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of direct financial assistant to eligible Microenterprise businesses
will be conducted under this RLF. Local review and approval of
microenterprise business assistance projects requesting a CDBG
loan under this RLF shall be conducted under the Microenterprise
Financial Assistance Program Guidelines that have been adopted
by the Governing Body of the undersigned Jurisdiction and
approved in writing by the Department as part of the General
Conditions clearance. Note: this subsection applies to ME loans
only, not ME grants. Financial Assistance that is solely a grant
cannot be made through an RLF.
12. Loan Portfolio and Asset Management Policies and Costs
A. The undersigned Jurisdiction certifies that it has asset management policies
and loan portfolio servicing policies that are in compliance with HUD
standards per 24 CFR Part 570, OMB Circulars A-87, A-122 A-133, and 24
CFR Part 85.
B. The use of CDBG funds creates public financial assets. The public financial
assets created can be in the form of loans or other repayment instruments
which result in PI. Financial assets may also be in the form of real property
or chattel (equipment and fixtures). All assets created from the use of
CDBG funds must be administered in compliance with OMB Circulars A-87,
A-122 A-133, 24 CFR Part 85. These policies will be used for managing all
CDBG assets, including those which generate PI and RLF PI.
C. General Administration PI funds may be used to reimburse the Jurisdiction
for loan servicing and asset management costs. If the Jurisdiction has no PI
GA available, GA funds from active grant contracts may be used to pay for
eligible loan servicing costs.
13. Program Income Waivers
A. The PI W aiver Submission Process will only be conducted when the
undersigned Jurisdiction has no active grant contract(s) with the Department.
B. The process below will be followed if a PI W aiver is to be requested:
1) All PI W aiver requests will be submitted on approved Departmental forms
for the Department’s written approval.
2) After the Department’s review of the activity for eligibility and national
objective compliance, the PI W aiver will be formally adopted via public
hearing and resolution of the Jurisdiction’s Governing Body, as part of
the PI W aiver General (and Special Conditions if applicable) Clearance
process.
3) Expenditure of PI W aiver funds will not commence until clearance of all
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required General and Special Conditions have been met, and written
Departmental approval has been issued to the Jurisdiction.
4) Possible W aiver activities will be discussed at a properly noticed public
hearing, held in front of the Jurisdiction’s Governing Body, prior to
submission of a Certified Resolution as part of a PI W aiver Request to
the Department.
5) The PI W aiver request must be submitted in accordance with current
Department policy, and any subsequent policy, regulation, or statutory
guidance.
6) PI W aiver activity reporting will be submitted per current Departmental
policies and includes financial accounting of all PI received and
expended, including PI W aivers and PI W aiver activity performance.
7) PI W aiver activities must be fully funded with program income already on
hand.
8) Only two (2) PI W aivers may be open and active at any one time.
9) RLF funds will not be used for PI W aivers, since RLF monies must be
expended on the activity that generated the payments.
10) PI W aivers will not be approved for the same program activities for
approved RLFs.
C. PI GA and PI W aiver financial and performance reporting will be done using
current eligible activity set up and completion reports which will collect
national objective data and beneficiary demographics for HUD required
accomplishment information.
D. Additional financial reports for PI GA, PI W aivers, PI deposits and
expenditures will be done semi-annually using the Department’s current PI
fiscal reporting forms.
E. Ineligible costs will be required to be repaid to the PI Account. In some
cases with ongoing significant compliance issues, the Department reserves
the right to require the jurisdiction return all PI to the Department until it is
satisf ied that the jurisdiction has resolved all compliance issues.
14. Program Income Not Associated with an RLF
A. Provided the undersigned Jurisdiction has made the Department aware at the
beginning of the fiscal year they intend to exercise the $35,000 rule, PI which is
received annually that has a cumulative amount up to $35,000 (RLF receipts
are not included in the $35,000 calculation) may be “re-categorized” as non-
CDBG funds. In electing to exercise the $35,000 rule, the Jurisdiction agrees
not to expend CDBG revenue until either the fiscal year ends or the amount
received goes above $35,000, at which point the jurisdiction must consider the
revenue as CDBG PI and must use it, first prior to drawing CDBG contract
funds.
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B. The undersigned Jurisdiction certifies that it acknowledges if it has PI on hand
and has not applied for or been awarded CDBG f unds with the past three
NOFAs, the Jurisdiction will be required to submit a PI Expenditure Plan for
its PI on hand. The plan must be submitted via the CDBG PI W aiver process.
If the Jurisdiction does not initiate the request, the Department will send the
Jurisdiction a letter requiring submission of the plan within a set time frame. If
the Jurisdiction does not respond to the Department’s letter, the Jurisdiction
will be required to return all PI on hand to the Department, regardless of the
amount of PI.
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SECTION THREE: DEPARTMENT TERMS, CONDITIONS AND
AUTHORIZATION
TERMS AND CONDITIONS: The undersigned Jurisdiction certifies that all terms and
conditions listed below have been read and understood, and will be implemented and
followed:
1. Authority & Purpose
This Agreement provides official notification of the Jurisdiction’s PI Reuse
Agreement’s approval under the State’s administration of the Federal CDBG for
Non-entitlement Jurisdictions pursuant to the provisions of 42 U.S. Code (U.S.C.)
5301 et seq., 24 Code of Federal Regulations (CFR) Part 570, Subpart I, and 25
Calif ornia Code of Regulations (CCR), Sections 7050 et seq. The Program is
listed in the Catalog of Federal Domestic Assistance as 14.228 - CDBG
Community Development Block Grant Program.
In accepting the PI Reuse Agreement approval, the Jurisdiction agrees to comply
with the terms and conditions of this Agreement, all exhibits hereto and the
representations contained in the Jurisdiction’s PI Reuse Agreement. Any
changes made to the PI Reuse Agreement after this Agreement is accepted must
receive prior written approval from the Department.
2. Distribution for Reuse of PI
A. The Jurisdiction shall perform PI funded activities as described in the
Distribution f or Reuse in the PI Reuse Agreement. All written materials or
alterations submitted as addenda to the original PI Reuse Agreement and
which are approved in writing by the Department are hereby incorporated
as part of the PI Reuse Agreement.
The Department reserves the right to require the Jurisdiction to modify any
or all parts of the PI Reuse Agreement in order to comply with CDBG
requirements. The Department reserves the right to review and approve
all work to be performed by the Jurisdiction in relation to this Agreement.
Any proposed revision to the work must be submitted in writing for review
and approval by the Department and may require an amendment to this
Agreement. Approval shall not be presumed unless such approval is
made in writing by the Department.
B. The PI funded activities shall principally benefit Low/Mod-income persons
or households residing in the Jurisdiction. HUD defines Low/Mod as
having an annual income that is no more than 80 percent (80%) of the
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county median area income, adjusted for household size.
3. Sufficiency of Funds and Termination
The Department may terminate this Agreement at any time for cause. . The
Jurisdiction will have at least 14 days upon receipt of the Departments written
notice. Termination shall consist of violations of any terms and/or conditions of
this Agreement, upon the request of HUD, or withdrawal of the Department's
expenditure authority.
The Department reserves the right, for any significant on-going non-compliance
with RLF or Program Income rules, to cancel any RLF and require, all RLF and
PI funds, to be returned to the Department.
4. Meeting National Objectives
All activities performed under this Agreement must meet one of the National
Objectives determined by the HUD regulations as included in the Application
authorized under Title I of the Housing and Community Development Act of
1974, as amended.
A. Benefit to HUD defined Low/Mod-income person or household (LMI). The
term Low/Mod-income is defined under CDBG as no more than 80 percent
(80%) of the median area income, as determined by HUD, per Federal
Regulation 24 CFR, Part 570.483(b); and/or;
B. Prevention or elimination of slums or blight. In order for an activity to meet
the National Objective of elimination of slums and blight, the activity must
take place in an area that meets the definition of a blighted area and the
project must be shown to eliminate blight or prevent further blight per
Federal Regulation 24 CFR, Part 570.483(c).
C. For Microenterprise Assistance activities, the Jurisdiction must only meet
the benefit to Low/Mod-income person or household (LMI) National
Objective.
5. Inspections of Activities
A. The Department reserves the right to inspect any activity(ies) performed
hereunder to verif y that the activity(ies) is in accordance with the
applicable federal, State and/or local requirements and this Agreement.
B. The Jurisdiction shall inspect any activity performed by contractors and
subrecipients hereunder to ensure that the activity(ies) is in accordance
with the applicable federal, State and/or local requirements and this
Agreement.
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The Jurisdiction agrees to require that all activity(ies) found by such
inspections not to conform to the applicable requirements be corrected,
and to withhold payment to its contractor or subcontractor, respectively,
until it is so corrected.
6. Insurance
The Jurisdiction shall have and maintain in full force and effect during the term of
this Agreement such forms of insurance, at such levels as may be determined by
the Jurisdiction and the Department to be necessary for specific components of
the activity(ies) described in this Reuse Agreement.
7. Contractors and Subrecipients
A. The Jurisdiction shall not enter into any agreement, written or oral, with
any contractor or subrecipient without the prior determination that the
contractor or subrecipient is eligible to receive CDBG funds and is not
listed on the Federal Consolidated List of Debarred, Suspended, and
Ineligible Contractors.
1) Contractors are defined as program operators or construction
contractors who are procured competitively.
2) Subrecipients are defined as public or private non-profit agencies or
organizations and certain (limited) private for-profit entities who
receive CDBG funds from an awarded Jurisdiction to undertake
eligible activities.
B. An agreement between the Jurisdiction and any contractor or subrecipient
shall require:
1) Compliance with the applicable State and federal requirements of
this Agreement, which pertain to, among other things, labor
standards, non-discrimination, Americans with Disabilities Act,
Equal Employment Opportunity, and Drug-Free W orkplace; and,
Compliance with the applicable provisions relating to Labor
Standards/Prevailing W ages. In addition to these requirements, all
contractors and subcontractors shall comply with the applicable
provisions of the California Labor Code.
2) Maintenance of, at minimum, the State-required W orkers’
Compensation Insurance for those employees who will perform the
activit y(ies) or any part of it.
3) Maintenance of, if so required by law, unemployment insurance,
disability insurance and liability insurance, which is reasonable to
compensate any person, firm, or corporation, who may be injured
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or damaged by the contractor, or any subcontractor in performing
the activity(ies) or any part of it.
4) Compliance with the applicable Equal Opportunity Requirements
described in this Agreement.
C. Contractors shall:
1) Perform the activity(ies) in accordance with federal, State and local
housing and building codes, as are applicable.
2) Provide security to assure completion of the project by furnishing
the borrower and construction lenders with Performance and
Payment Bonds, or other security approved in advance in writing by
the Department.
D. Subrecipients shall:
1) Retain all books, records, accounts, documentation, and all other
materials relevant to this Agreement for a period of five (5) years
from date of termination of this Agreement, or five (5) years from
the conclusion or resolution of any and all audits or litigation
relevant to this Agreement, and any amendments, whichever is
later.
2) Permit the State, federal government, the Bureau of State Audits,
the Department and/or their representatives, upon reasonable
notice, unrestricted access to any or all books, records, accounts,
documentation, and all other materials relevant to the agreement
for the purpose of monitoring, auditing, or otherwise examining said
materials.
8. Obligations of the Jurisdiction with Respect to Certain Third Party
Relationships
The Jurisdiction shall remain fully obligated under the provisions of this
Agreement notwithstanding its designation of any third party or parties for the
undertaking of all or any part of the Activities funded under this agreement with
respect to which assistance is being provided under this Agreement to the
Jurisdiction.
The Jurisdiction shall comply with all lawful requirements of the Department
necessary to ensure that the Program, with respect to which assistance is being
provided under this Agreement to the Jurisdiction, is carried out in accordance
with the Department's Assurance and Certifications, including those with respect
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to the assumption of environmental responsibilities of the Department under
Section 104(g) of the Housing and Community Development Act of 1974.
9. Periodic Reporting Requirements
During the term of this Agreement, the Jurisdiction must submit the following
reports by the dates identified, respectively, or as otherwise required at the
discretion of the Department. The Jurisdiction's performance under this
Agreement will be based, in part, on whether it has submitted the reports on a
timely basis.
A. Semi-Annual PI Expenditure/Performance Report: Submit by January 31
and July 31 of each year regardless of whether or not the Jurisdiction has
any unexpended PI. PI W aivers or open Grants with no accomplishment
are not excluded to the reporting requirement.
B. Annual Federal Overlay Reporting: Submit by July 31 starting from the
contract effective date to subsequent June 30, and for each State Fiscal
Year. Annual Reporting includes but is not limited to: Section 3, and
Minority Owned Business/W omen Owned Business (MBE/W BE).
C. W age Compliance Reports: Semi-annual Wage Compliance Reports are
to be submitted by October 7 and April 7 during the entire construction
period. The final W age Compliance Report is to be submitted thirty (30)
days af ter construction is completed.
D. Any other reports that may be required as a Special Condition of this
Agreement.
10. Monitoring Requirements
The Department shall perform a program and/or fiscal monitoring of the
activity(ies). The Jurisdiction shall be required to resolve any monitoring findings
to the Department's satisfaction by the deadlines set by the Department. If
findings are not adequately resolved in a timely manner, the Department may
deduct points from the Jurisdiction’s performance score on future applications.
Additionally, the Department reserve the right to suspend a Jurisdiction’s
authority to expend PI (W aiver, RLF and/or PI attached to an open grant) based
on significant compliance issues, reporting concerns or serious lack of
cooperation in clearing PI monitoring findings.
11. Signs
If the Jurisdiction places signs stating that the Department is providing financing,
it shall indicate in a typeface and size commensurate with the Department's
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funding portion of the project that the Department is a source of financing through
the CDBG Program.
12. Audit/Retention and Inspection of Records
A. The Jurisdiction must have intact, auditable fiscal records at all times. If
the Jurisdiction is found to have missing audit reports from the SCO during
the term of this Agreement, the Jurisdiction will be required to submit a
Agreement to the State, with task deadlines, for submitting the audit to the
SCO. If the deadlines are not met, the Jurisdiction will be subject to
termination of this Agreement and disencumbrance of the funds awarded.
The Jurisdiction's audit completion Agreement is subject to prior review
and approval by the Department.
B. The Jurisdiction agrees that the Department or its designee will have the
right to review, obtain, and copy all records pertaining to performance of
this Agreement. The Jurisdiction agrees to provide the Department or its
designee with any relevant information requested and shall permit the
Department or its designee access to its premises, upon reasonable
notice, during normal business hours for the purpose of interviewing
employees and inspecting and copying such books, records, accounts,
and other material that may be relevant to a matter under investigation for
the purpose of determining compliance with California Public Contract
Code (PCC) Section 10115 et seq., Government Code (GC)
Section 8546.7 and 2 CCR 1896.60 et seq. The Jurisdiction further
agrees to maintain such records f or a period of five (5) years after final
payment under this Agreement. The Jurisdiction shall comply with the
caveats and be aware of the penalties f or violations of fraud and for
obstruction of investigation as set forth in PCC 10115.10.
C. An expenditure which is not authorized by this Agreement or which cannot
be adequately documented shall be disallowed and must be reimbursed to
the Department or its designee by the Jurisdiction.
D. Absent fraud or mistake on the part of the Department, the determination
by the Department of allowable expenditures shall be final.
E. For the purposes of annual audits under OMB Circular A-133 (The United
States Office of Management and Budget Circular for Audits of States and
Local Governments), Jurisdiction shall use the Federal Catalog
Number 14.228 f or the State CDBG Program.
F. Notwithstanding the foregoing, the Department will not reimburse the
Jurisdiction for any audit cost incurred after the expenditure deadline of
this Agreement.
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G. The Jurisdiction understands that the expenditure of PI is covered under
the OMB A-133 Single Audit Requirements and will meet all these
requirements and report said PI Expenditure along with grant funds each
fiscal year.
13. Conflict of Interest of Members, Officers, or Employees of Contractors,
Members of Local Governing Body, or other Public Officials
Pursuant to 24 CFR 570.611, no member, officer, or employee of the
Jurisdiction, or its designees or agents, no member of the Governing Body of the
locality in which the program is situated, and no other public official of such
locality or localities who exercise or have exercised any functions or
responsibilities with respect to CDBG activities assisted under this part, or who
are in a position to participate in a decision-making process or gain inside
information with regard to such activities, may obtain a financial interest or
benefit f rom a CDBG-assisted activity, or have a financial interest in any contract,
subcontract or agreement with respect to a CDBG-assisted activity or its
proceeds, either for themselves or those with whom they have business or
immediate family ties, during their tenure or for one (1) year thereaf ter. The
Jurisdiction shall incorporate, or cause to be incorporated, in all such contracts or
subcontracts a provision prohibiting such interest pursuant to the purposes of this
Section.
14. Waivers
No waiver of any breach of this Agreement shall be held to be a waiver of any
prior or subsequent breach. The failure of the Department to enforce at any time
the provisions of this Agreement or to require at any time performance by the
Jurisdiction of these provisions shall in no wa y be construed to be a waiver of
such provisions nor to aff ect the validity of this Agreement or the right of the
Department to enforce these provisions.
15. Litigation
A. If any provision of this Agreement, or an underlying obligation, is held
invalid by a court of competent Jurisdiction, such invalidity, at the sole
discretion of the Department, shall not affect any other provisions of this
Agreement and the remainder of this Agreement shall remain in full force
and effect. Therefore, the provisions of this Agreement are, and shall be,
deemed severable.
B. The Jurisdiction shall notify the Department immediately of any claim or
action undertaken by or against it which affects or may affect this
Agreement or the Department, and shall take such action with respect to
the claim or action as is consistent with the terms of this Agreement and
the interests of the Department.
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16. Lead-Based Paint Hazards
Activity(ies) performed with assistance provided under this Agreement are
subject to lead-based paint hazard regulations contained in Title 8 (Industrial
Relations) and Title 17 (Public Health) of the CCR and 24 CFR, Part 35 (Lead
Disclosure). Any grants or loans made by the Jurisdiction with assistance
provided under this Agreement shall be made subject to the provisions for the
elimination or mitigation of lead-based paint hazards under these Regulations.
The Jurisdiction shall be responsible for the notifications, inspections, and
clearance certifications required under these Regulations.
17. Prevailing Wages
A. W here funds provided through this Agreement are used for construction
work, or in support of construction work, the Jurisdiction shall ensure that
the requirements of California Labor Code (LC), Chapter 1, commencing
with Section 1720, Part 7 (pertaining to the payment of prevailing wages
and administered by the Calif ornia Department of Industrial Relations) are
met.
B. For the purposes of this requirement “construction work” includes, but is
not limited to rehabilitation, alteration, demolition, installation or repair
done under contract and paid for, in whole or in part, through this
Agreement. All construction work shall be done through the use of a
written contract with a properly licensed building contractor incorporating
these requirements (the “construction contract”). W here the construction
contract will be between the Jurisdiction and a licensed building
contractor, the Jurisdiction shall serve as the “awarding body” as that term
is defined in the LC. W here the Jurisdiction will provide funds to a third
party that will enter into the construction contract with a licensed building
contractor, the third party shall serve as the “awarding body.” Prior to any
disbursement of funds, including but not limited to release of any final
retention payment, the Department may require a certification from the
awarding body that prevailing wages have been or will be paid.
18. Compliance with State and Federal Laws and Regulations
A. The Jurisdiction agrees to comply with all State laws and regulations that
pertain to construction, health and safety, labor, fair employment
practices, equal opportunity, and all other matters applicable to the
Jurisdiction, its subcontractors, contractors or subcontractors, and the
Reuse activity(ies), and any other State provisions as set forth in this
Agreement.
B. The Jurisdiction agrees to comply with all federal laws and regulations
applicable to the CDBG Program and to the activity(ies), and with any
other federal provisions as set forth in this Agreement.
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19. Anti-Lobbying Certification
The Jurisdiction shall require that the language of this certification be included in
all contracts or subcontracts entered into in connection with this activity(ies) and
that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was
placed when this transaction was made or entered into. Submission of this
certification is a prerequisite for making or entering into this transaction imposed
by 31 U.S.C. 1352. Any person who fails to file the required certification shall be
subject to a civil penalty of not less than $10,000 and no more than $100,000 for
such failure.
"The undersigned certifies, to the best of his or her knowledge or belief, that:
A. No federal appropriated funds have been paid or will be paid, by or on
behalf of it, to any person for influencing or attempting to influence an
officer or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any federal contract, the making of any
federal grant, the making of any federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any federal contract, grant, loan, or
cooperative agreement; and,
B. If any funds other than federal appropriated funds have been paid or will
be paid to any person for influencing or attempting to influence an off icer
or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in
connection with this federal contract, grant, loan, or cooperative
agreement, it will complete and submit Standard Form-LLL, "Disclosure
Form to Report Lobbying," in accordance with its instructions."
20. Bonus or Commission, Prohibition Against Payments of
The assistance provided under this Agreement shall not be used in the payment
of any bonus or commission for the purpose of:
A. Obtaining the Department's approval of the Application for such
assistance; or,
B. The Department's approval of the Applications for additional assistance;
or,
C. Any other approval or concurrence of the Department required under this
Agreement, Title I of the Housing and Community Development Act of
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1974, or the State regulations with respect thereto; provided, however,
that reasonable fees for bona fide technical, consultant, managerial or
other such services, other than actual solicitation, are not hereby
prohibited if otherwise eligible as program costs.
21. Citizen Participation
The Jurisdiction is subject to the requirements concerning citizen participation
contained in Federal Regulations at 24 CFR, Part 570.486, Local Government
Requirements, Part 91.105 and 91.115.
22. Clean Air and Water Acts
This Agreement is subject to the requirements of the Clean Air Act, as amended,
42 USC 1857 et seq., the Federal W ater Pollution Control Act, as amended, 33
USC 1251et seq., and the regulations of the Environmental Protection Agency
with respect thereto, at 40 CFR, Part 15, as amended f rom time to time.
23. Conflict of Interest of Certain Federal Officials
No member of or delegate to the Congress of the United States, and no resident
commissioner, shall be admitted to any share or part of this Agreement or to any
benefit to arise from the same. The Jurisdiction shall report all perceived or
actual conflicts of interest cases to the State for review before financial benefits
are given.
24. Environmental Requirements
The Jurisdiction shall comply with the provisions of the National Environmental
Policy Act (NEPA) by following the procedures contained in 24 CFR, Part 58.
The Jurisdiction shall not undertake any activity that would have an adverse
environmental impact or limit the choice of reasonable alternatives under 24
CFR, Part 58.22 until HUD or the Department has issued an environmental
clearance.
25. Equal Opportunity
A. The Civil Rights, Housing and Community Development, and Age
Discrimination Acts Assurances
During the performance of this agreement, the Jurisdiction assures that no
otherwise qualified person shall be excluded from participation or
employment, denied program benefits, or be subjected to discrimination
based on race, color, national origin, sex, age, handicap, religion, familial
status, or religious preference, under any activity funded by this
Agreement, as required by Title VI of the Civil Rights Act of 1964, Title I of
the Housing and Community Development Act of 1974, as amended, the
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Age Discrimination Act of 1975, the Fair Housing Amendment Act of 1988,
and all implementing regulations.
B. Rehabilitation Act of 1973 and the "504 Coordinator"
The Jurisdiction further agrees to implement the Rehabilitation Act of
1973, as amended, and its regulations, 24 CFR, Part 8, including, but not
limited to, for Jurisdiction’s with fifteen (15) or more permanent full or part
time employees, the local designation of a specific person charged with
local enforcement of this Act, as the "504 Coordinator."
C. The Training, Employment, and Contracting Opportunities for Business
and Lower-Income Persons Assurance of Compliance
1) The activity(ies) to be performed under this Agreement are subject
to the requirements of Section 3 of the HUD Act of 1968, as
amended, 12 U.S.C. 1701u. Recipients, contractors and
subcontractors shall direct their efforts to provide, to the greatest
extent feasible, training and employment opportunities generated
from the expenditure of Section 3 covered assistance to Section 3
residents in the order of priority provided in 24 CFR,
Part 135.34(a)(2).
2) The parties to this Agreement will comply with the provisions of said
Section 3 and the regulations issued pursuant thereto by the
Secretary of HUD set forth in 24 CFR, Part 135, and all applicable
rules and orders of the Department issued thereunder prior to the
execution of this Agreement. The parties to this Agreement certif y
and agree that they are under no contractual or other disability
which would prevent them from complying wit h these requirements.
3) The Jurisdiction will include these Section 3 clauses in every
contract and subcontract for W ork in connection with the
activit y(ies) and will, at the direction of the Department, take
appropriate action pursuant to the contract or subcontract upon a
f inding that the Jurisdiction or any contractor or subcontractor is in
violation of regulations issued by the Secretary of HUD, 24 CFR,
Part 135 and, will not let any contract unless the Jurisdiction or
contractor or subcontractor has f irst provided it with a preliminary
statement of ability to comply with the requirements of these
regulations.
4) Compliance with the provisions of Section 3, the regulations set
forth in 24 CFR, Part 135, and all applicable rules and orders of the
Department issued thereunder prior to the execution of this
Agreement shall be a condition of the federal financial assistance
provided to the activity(ies), binding upon the Jurisdiction, its
successors, and assigns. Failure to fulfill these requirements shall
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subject the Jurisdiction, its contractors and subcontractors and its
successors, to such sanctions as are specified by 24 CFR, Part 135
and those sanctions specified by this Agreement.
D. Assurance of Compliance with Requirements Placed on Construction
Contracts of $10,000 or More
The Jurisdiction hereby agrees to place in every contract and subcontract
for construction exceeding $10,000 the Notice of Requirement for
Aff irmative Action to ensure Equal Employment Opportunity (Executive
Order 11246), the Standard Equal Employment Opportunity, and the
Construction Contract Specifications. The Jurisdiction furthermore agrees
to insert the appropriate Goals and Timetables issued by the U.S.
Department of Labor in such contracts and subcontracts.
26. Flood Disaster Protection
A. This Agreement is subject to the requirements of the Flood Disaster
Protection Act (FDPA) of 1973 (Public Law 93-234). No portion of the
assistance provided under this Agreement is approved for acquisition or
construction purposes as defined under FDPA, Section 3 (a) of said Act,
for use in an area identified by the Secretary of HUD as having special
f lood hazards which is located in a community not then in compliance with
the requirements f or participation in the national flood insurance program
pursuant to FDPA, Section 102(d) of said Act.
B. The use of any assistance provided under this Agreement for such
acquisition or construction in such identified areas in communities then
participating in the national flood insurance program shall be subject to the
mandatory purchase of flood insurance requirements of FDPA, Section
102(a) of said Act.
C. Any contract or agreement for the sale, lease, or other transfer of land
acquired, cleared or improved with assistance provided under this
Agreement shall contain certain provisions. These provisions will apply if
such land is located in an area identified by the Secretary of HUD as
having special flood hazards and in which the sale of flood insurance has
been made available under the National Flood Insurance Act of 1968, as
amended, 42 U.S.C. 4001 et seq.
D. These provisions shall obligate the transferee and its successors or
assigns to obtain and maintain, during the ownership of such land, such
flood insurance as required with respect to financial assistance for
acquisition or construction purposes under FDPA, Section 102(s) of the
Flood Disaster Protection Act of 1973. Such provisions shall be required
notwithstanding the fact that the construction on such land is not itself
funded with assistance provided under this Agreement.
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27. Federal Labor Standards Provisions
The Jurisdiction shall cause or require to be inserted in full, in all such contracts
subject to such regulations, provisions meeting the requirements of :
A. Davis-Bacon Act (40 U.S.C. 3141-3148) requires that workers receive no
less than the prevailing wages being paid for similar work in their locality.
Prevailing wages are computed by the Federal Department of Labor and
are issued in the form of federal wage decisions for each classification of
work. The law applies to most construction, alteration, or repair contracts
over $2,000.
B. "Anti-Kickback Act of 1986” (41 U.S.C. 51-58) prohibits any person from
(1) providing, attempting to provide, or offering to provide any kickback; (2)
soliciting, accepting, or attempting to accept any kickback; or (3) including
directly or indirectly, the amount of any kickback prohibited by clause (1)
or (2) in the contract price charged by a subcontractor to a prime
contractor or a higher tier subcontractor or in the contract price charged by
a prime contractor to the United States.
C. Contract W ork Hours and Safety Standards Act - CW HSSA (40 U.S.C.
3702) requires that workers receive "overtime" compensation at a rate of
one to one-half (1-1/2) times their regular hourly wage after they have
worked forty (40) hours in one week.
D. Title 29, Code of Federal Regulations CFR, Subtitle A, Parts l, 3 and 5)
are the regulations and procedures issued by the Secretary of Labor for
the administration and enforcement of the Davis-Bacon Act, as amended.
The Jurisdiction shall maintain documentation that demonstrates compliance with
hour and wage requirements of this part. Such documentation shall be made
available to the Department for review upon request.
28. Procurement
The Jurisdiction shall comply with the procurement provisions in 24 CFR, Part
85.36: Administrative Requirements for Grants and Cooperative Agreements to
State, Local and Federally Recognized Indian Tribal Governments.
29. Non-Performance
The Department shall review the actual National Objective and/or Public Benefit
achievements of the Jurisdiction. In the event that the National Objective and/or
Public Benefit requirements are not met, the Department will require the
recapture of the entire PI expended on that project/activity. Additional remedies
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may include suspending the Jurisdiction’s authority to use PI funds until the
Jurisdiction has developed capacity to ensure future PI funds will be used for
eligible activities that will meet a National Objective.
30. Relocation, Displacement, and Acquisition
The provisions of the Uniform Relocation Act, as amended, 49 CFR, Part 24, and
Section 104(d) of the Housing and Community Development Act of 1974 shall be
followed where any acquisition of real property is carried out by the Jurisdiction
and assisted in whole or in part by funds allocated by CDBG.
31. Uniform Administrative Requirements
The Jurisdiction shall comply with applicable Uniform Administrative
Requirements as described in 24 CFR, Section 570.502, including cited Sections
of 24 CFR, Part 85.
32. Section 3
The Jurisdiction will comply with Section 3 of the Housing and Urban
Development Act of 1968 (12 U.S.C. 1701u), and implementing Regulations at
24 CFR, Part 135.
33. Affirmatively Furthering Fair Housing
The Jurisdiction will affirmatively further fair housing, which means that it will
conduct an analysis to identify impediments to fair housing choice within the
Jurisdiction, take appropriate actions to overcome the effects of any impediments
identified through that analysis, and maintain records reflecting the analysis and
actions in this regard.
34. General Contract Conditions
The following conditions apply to all activities, including set aside activities. The
Jurisdiction must meet the conditions within ninety (90) days of this Agreement’s
execution. Failure to meet the following Special Conditions may result in
termination of this Agreement.
A. Environmental Compliance
The Jurisdiction shall have satisfied all National Environmental Policy Act
(NEPA) requirements and California Environmental Quality Act (CEQA)
requirements. CEQA shall be approved by the Jurisdiction. The level of
compliance varies by activity. NEPA review must be completed by the
Jurisdiction f or each activity and approved in writing by Department staff
prior to incurring costs on the activity(ies).
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B. Acquisition/Relocation Compliance
The Jurisdiction must document its compliance with the Uniform
Relocation Act, Section 104(d) before release of funds by the Department.
The Jurisdiction must submit a specif ic relocation assistance Agreement
for each activity which may result in temporary or permanent
displacement. For projects where there will be temporary or permanent
displacement, the Jurisdiction must submit signed General Information
Notices (GINs) from each tenant who was residing in the project at the
time of Application submittal. If the Jurisdiction believes that there will be
no displacement as a result of their activities, they must submit a letter
explaining why no displacement or relocation will occur, which will be
subject to written approval by the Department.
C. Site Control
The Jurisdiction shall demonstrate site control of the proposed project
property by submitting evidence of one or more of the following to the
Department:
1) Fee title;
2) A leasehold interest on the project property with provisions that
enable the lessee to make improvements on and encumber the
property provided that the terms and conditions of any proposed
lease shall permit compliance with all Program requirements;
3) An option to purchase or lease;
4) A disposition and development agreement with a public agency;
5) A land sale contract, or other enforceable agreement for the
acquisition of the property; or,
6) All easements and right-of-ways (required for completion of the
CDBG project) must be obtained.
D. Funding Commitments and Project Cost Estimates
All funding required for project completion must be documented and
committed. If all funding is not committed, the Department shall terminate
this Agreement. If the Jurisdiction has applied for other funding prior to the
execution of this Agreement, the Jurisdiction must notify the Department
as soon as that application is approved or denied. If the Jurisdiction must
apply for other funding after the execution date of this Agreement, the
Jurisdiction must apply at the earliest possible opportunity offered by the
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other funding source(s) and notify the Department as soon as that
application is approved or denied.
A current third-party cost estimate must be provided by the engineer or
architect for the project.
E. Activity Administration Documentation
There are four methods of administering and/or completing RLF activities:
1) Use of in-house staff only;
2) Subrecipient agreement(s) with qualified non-profit(s);
3) Consultants/contractors/others obtained through federal
procurement procedures; and,
4) Any combination of the above methods.
The Jurisdiction must provide the following documentation demonstrating
that one or more of these methods were used for the GA of the RLF and
for all activities carried out under this Agreement.
1) Use of in-house staff only: If not previously provided in the
Application, submit staff resumes and duty statements that clearly
identify that Jurisdiction staff has capacity and experience to
complete administration of the proposed activities in the
Application.
2) Subrecipient agreement(s) with qualified non-profit(s): Sub-
recipients and their respective agreements with the Jurisdiction
must adhere to all Program requirements. Submit the subrecipient
agreement that was executed between the non-profit and the
Jurisdiction. (Submitting draft documents for review prior to
execution is recommended.) The scope of work in the subrecipient
agreement must match the description of activity in this Agreement.
Any parts of the activity description in this Agreement not covered
by the subrecipient agreement must have separate procurement
information. If the subrecipient is using CDBG funds to hire other
consultants or subrecipients to do part or all of the W ork then the
procurement documentation or additional subrecipient agreements
must be provided to the Department for review and approval.
3) Consultants: Submit procurement documentation that all third-party
consultants are procured in accordance with Federal Procurement
Procedures and the Grant Management Manual, as follows:
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a. A copy of the document used to notify prospective
consultants, such as a Request for Proposal or similar
document.
b. A list of all bid respondents, showing respondents’ contact
information and the dollar amount of each proposal.
c. A brief description of the process used to select the
consultant/ contractor/other, including the rationale for the
selection.
d. Additional information may be found in the Grant
Management Manual, Program Operators.
F. Compliance W ith All Loans and/or Grant Agreements
Pursuant to this Agreement, the Jurisdiction must comply with State and
Federal Laws and Regulations that pertain to matters applicable to the
Jurisdiction. Prior to disbursement of any funds under this Agreement, the
Jurisdiction shall be in compliance with all loan and/or grant agreements to
which it is a party, which are administered by the Department.
G. Easements and Rights-of-W ay
If required for the completion of a CDBG project, the Jurisdiction must
obtain all easements and rights-of-ways required for completion of the
CDBG project within twelve (12) months of execution of this Agreement.
Failure to obtain these may result in termination of this Agreement.
H. Section 504 Accessibility Requirements
1) Section 504 Regulations apply when CDBG funds are used on a
new construction housing or public facility project or when an
existing public facility or housing project with fifteen (15) or more
units is being purchased and/or “substantially”
rehabilitated. Qualified CDBG assisted housing projects are
required to have a certain percentage of the units designed f or and
accessible to persons with mobility and sensory impairments.
2) For a federally assisted new construction housing project, Section
504 requires five percent (5%) of the dwelling units, or at least one
unit, whichever is greater, to meet Uniform Federal Accessibility
Standards or a standard that is equivalent or stricter, for persons
with mobility disabilities. An additional two percent (2%) of the
dwelling units, or at least one unit, whichever is greater, must be
accessible for persons with hearing or visual disabilities.
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3) Under Section 504, alterations are substantial (i.e. substantially
rehabilitated ) if they are undertaken to a housing project that has
15 or more units and the cost of the alterations is seventy-five
percent (75%) or more of the replacement cost of the completed
facility; and require that a minimum of five percent (5%) of the
dwelling units, or at least one unit, whichever is greater, shall be
made accessible to persons with mobility disabilities and an
additional two percent (2%) of the dwelling units, or at least one
unit, whichever is grea ter, shall be made accessible to persons with
hearing or visual disabilities.
4) The Jurisdiction shall provide documentation satisfactory to the
Department verifying that the required housing units or public
facility described in the project comply with the accessibility
standards. CDBG funds will not be released until the necessary
documentation is provided. All CDBG funded programs must, to
the greatest degree possible, be conducted in buildings which meet
Section 504 accessibility standards.
I. Grantee’s Data Universal Numbering System (DUNS)
The Jurisdiction shall provide the Department with a DUNS number for
any contractor or subcontractor prior to release of any funds under this
Agreement.
35. Community Development Activity Conditions
A. Homeownership Assistance
If the W ork to be performed under this Agreement involves
Homeownership Assistance, the following additional special conditions
apply:
1) Program Guidelines: The Jurisdiction must submit a copy of its
Homeownership Assistance Program Guidelines and its PI Re-Use
Agreement to the Department for review and approval within ninety
(90) days of the execution date of this Agreement.
2) If the Jurisdiction proposed to assist homebuyers to purchase
newly constructed units in its CDBG application under the
Homeownership Assistance activity, the following requirements
must be met:
a) The units must have been available for sale to the general
public;
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b) Development of the new subdivision must not be dependent
upon the funding of the homebuyer loan;
c) CDBG funds shall not be used for construction; and,
d) Homeownership Assistance loans will not be approved prior
to the foundation of the housing being in place.
B. Housing Rehabilitation
If the W ork to be performed under this Agreement involves Housing
Rehabilitation, the following additional special conditions apply:
1) Program Guidelines: The Jurisdiction must submit a copy of its
Housing Rehabilitation Program Guidelines and its PI Re-Use
Agreement to the Department for review and approval.
2) Affordable Rent: If the Jurisdiction’s Housing Rehabilitation
Program provides for rehabilitating rental properties, the
Jurisdiction must submit to the Department its provisions for
assuring affordable rent for the LMI occupants. Jurisdiction may
include this information as part of the Housing Rehabilitation
Program Guidelines.
36. Economic Development Activit y-Specific Conditions
A. Restrictions on CDBG-Assisted Public Property
CDBG funds can be used by the Jurisdiction to purchase or rehabilitate
public property. The change of use of real property provisions contained
in 24 CFR 570.489(i) apply to real property within the unit of general local
government's control (including activities undertaken by subrecipients),
which was acquired or improved in whole or in part using CDBG funds in
excess of the threshold for small purchase procurement (currently
$100,000). The restrictions shall apply from the date CDBG funds are first
expended for the property until f ive (5) years after completion of the
project. See the Federal Regulations f or the full text of this regulation.
The Jurisdiction must provide documentation of proper restriction on
assisted property.
B. Business Assistance Activity
1) Jurisdictions implementing Business Assistance (BA) Loans, shall
submit program guidelines that ensure compliance with CDBG
underwriting requirements as described in 24 CFR 570, Appendix
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A, "Guidelines and Objectives for Evaluating Project Costs and
Financial Requirements" and with public benefit requirements
contained in 24 CFR 570.482(f).
2) Jurisdictions implementing a BA loan shall provide a written
Employment Agreement required to be executed between the
Jurisdiction and the business owner [requirements of the
Employment Agreement are described in 24 CFR 570.506 (b), (5),
and (6)]. The written Employment Agreement must include a
commitment by the business that the jobs are to be created or
retained by the termination date of this Agreement and that at least
f if ty-one percent (51%) of all jobs created or retained (on a FTE
basis) will be held by LMI persons. The Employment Agreement
shall specify that, prior to receiving assistance, the business shall
agree to:
a) Provide a listing, by job title, of the permanent jobs projected
to be created;
b) Identify which jobs, if any, are part-time and the annual
hours of work for each position;
c) Identify which jobs are projected to be filled by LMI; and,
d) Provide periodic reporting (semi-annual) not limited to: listing
jobs, by job title, of all the permanent jobs actually filled, and
which of those jobs are held by members of the LMI.
C. Microenterprise Assistance Activities
1) Jurisdictions implementing a Microenterprise Assistance activity for
technical assistance and/or microenterprise loans, shall submit
program guidelines that ensure compliance with CDBG
requirements. Specifically, guidelines must ensure that all
beneficiaries of the program are eligible micro enterprises, per HUD
definitions. A microenterprise must:
a) Have all owners of the business documented as meeting
HUD family income eligibility standards; and,
b) Have documentation that the business’s owners and
employees are five (5) or fewer in number.
2) W hen implementing a Microenterprise Program, the program
guidelines shall include the proposed benefits, eligible activities and
ongoing evaluation of program services. The guidelines will include
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a Beneficiary Tracking Agreement, which defines the goals;
identifies the roles and responsibilities of the service providers;
identifies the market and focuses the outreach; defines the
screening and referral process; and, tracks the beneficiaries
through the program’s level of service. The Beneficiary Tracking
Agreement shall also describe the roles and responsibilities of the
Jurisdiction and/or program operator for meeting the reporting
requirements of the State CDBG Program.
3) W hen implementing a Microenterprise Program that is part of an
integrally-related component of a larger project where non-LMI
persons will be extended training and supportive services, shall
submit guidelines including the methodology describing how CDBG
funds will only be used towards the assistance of LMI to LMI
persons under the Jurisdiction’s activity.
4) Jurisdictions implementing a Microenterprise activity for loans to
microenterprises made with Grant funds or PI funds, shall submit
guidelines that ensure compliance with CDBG underwriting
requirements as described in 24 CFR, Part 570, Appendix A,
“Guidelines and Objectives for Evaluating Project Costs and
Financial Requirements."
5) If under this Agreement, a Microenterprise Façade Improvement
activity is being implemented, the Jurisdiction shall submit program
guidelines that ensure compliance with CDBG National Objective
requirements, as described in 24 CFR 570, Appendix A,
“Guidelines and Objectives for Evaluating Project Costs and
Financial Requirements.”
D. Required Agreements for Assisted Businesses
The Jurisdiction shall execute a written agreement between the
Jurisdiction and the business receiving CDBG funds (loans or grants)
under this Agreement to ensure compliance with CDBG State and federal
regulations. The written agreement shall contain language to ensure each
business complies with the terms of this Agreement, Exhibit A, as well as
each of the criteria as set forth in 24 CFR 570.506 (b)(4) and (c).
1) Each agreement between the Jurisdiction and the business(es)
shall be submitted to the Department for review and written
approval, prior to execution by the business and the Jurisdiction.
2) Each agreement shall require the business to report employee
information periodically to the Jurisdiction, so that the Jurisdiction
can comply with its reporting requirements to the Department. The
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report shall list each job position by job title and number of annual
hours worked and LMI status. The report shall list all the
permanent jobs actually created or retained, and identify which of
those job positions are held by members of the LMI. Additionally,
the report shall include the demographics of job holders
(ethnicity/race, disability, status, gender, and head of household
status).
3) Each agreement shall require the business(es) submit a Data
Universal Numbering System (DUNS) number and be verified as
not being on the current federal debarred list, prior to receiving any
CDBG financial assistance. The agreement shall require proof of
proper insurance for secured collateral and protecting the
Jurisdiction. The agreement shall reference this Agreement
between the Department and the Jurisdiction. The agreement shall
contain all other special conditions as directed by the Department
or local loan committee.
37. Community and Economic Development Agreement Activities
Non Implementation Activities and Planning activities are not allowed under this
agreement using PI.
A. Implementation Activity
Implementation Activities are not permitted under this Agreement using PI
GA funds.
Intentionally left blank,
please continue to the next page.
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☐ Certified Approving Resolution Is Attached
I certify that the foregoing is true and correct and the
will follow all requirements of this agreement. I understand that my certification
also acknowledges that serious compliance issue with the above requirements
could result in the State suspending the authority of the
to expend PI or may require to return unused PI to
the State until the clears the serious compliance issues.
Signature of Authorized Representative Date Signed
Name and Title of Authorized Representative
Signature of CDBG Section Chief Date Signed
Name of CDBG Section Chief
City of Ukiah Page 1
CDBG Single-Family Housing Rehabilitation Guidelines
CITY OF UKIAH
COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM
(CDBG)
SINGLE-FAMILY (1-4 UNIT)
HOUSING REHABILITATION
PROGRAM GUIDELINES
April 2, 2014
Revised September 8, 2014
City of Ukiah Page 2
CDBG Single-Family Housing Rehabilitation Guidelines
I. APPLICANT ELIGIBILITY
A. Conflict of Interest
No member of the Ukiah City Council, the Home Improvement Loan
Committee, or employee of the City of Ukiah during their tenure or for one
year thereafter shall have any interest, direct or indirect in any Home
Improvement Program loan contract or the proceeds thereof.
B. Income
1. Owner-Occupant
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- and moderate-income (LMI)"
households adjusted by family size. The owner will be required to
provide income documentation.
Single-family housing rehabilitation program operator or City staff
will determine whether applicants satisfy the income eligibility
criteria.
Income limits will be updated within 30 days of receipt from the
California Department of Housing and Community Development.
All applicant information obtained by staff will be kept confidential.
C. PROPERTY
To be eligible for program financing, properties must comply with the
following criteria:
1. Location
Units to be rehabilitated under the Program must be located in the
incorporated areas of 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
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CDBG Single-Family Housing Rehabilitation Guidelines
status, and including these areas at the discretion of the Certifying
Officer.
2. Occupancy
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 the unit must be
the resident’s primary residence. However, if in the opinion of the
City Building Services Official, the unit as it exists is uninhabitable,
this requirement may be waived.
3. Title
Property owners shall hold land in fee title.
4. Condition
To qualify, the level of disrepair must include at least one major
system failure, such as roof, foundation, structural, plumbing,
heating, electrical or an accumulation of deficiencies that constitute
a threat to health and safety. All repair work will meet Uniform
Building Code standards. The priority will be the elimination of
health and safety hazards.
All property improvements must be physically attached to the
property and permanent in nature. General property improvements
should be limited to 15% of the rehabilitation loan amount. Luxury
items are not permitted.
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 and Uniform Building Code 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. The holder of the
Fee Simple Estate will be required to sign all loan documents. The
loan conditions will provide that the loan is due and payable upon
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CDBG Single-Family Housing Rehabilitation Guidelines
sale or transfer of the property and upon termination of the Life
Estate of the current occupant. (In making loans to Life Estate
holders City or program operator staff will regularly monitor such
loans to verify the status of the occupant).
6. Living Trust
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.
7. Mobile/Manufactured Homes
CDBG funds may be used for the rehabilitation of a mobile home.
An alternative to actual rehabilitation of a mobile home is to replace
the unit with a used mobile home. To be considered eligible for
rehabilitation costs, the used mobile home must have been
occupied and not used as a demonstration model.
Should the residential dwelling or existing mobile home that is
being considered for rehabilitation meet the criteria for
reconstruction discussed below, a new mobile home can be used
for replacement. All costs associated with the purchase and
transportation can be added to the applicant's loan.
8. Reconstruction
Changes in federal law and policies allow the use of CDBG funds to
demolish and reconstruct LMI-owned and occupied residential
structures. Reconstruction is defined as the demolition and
construction of a structure. States may establish guidelines for
authorizing reconstruction, provided the guidelines are consistent
with federal standards.
Grantees must document that the reconstruction costs are less
than newly constructed housing and that the estimated cost of the
reconstructed housing (including demolition, site preparation and
temporary relocation) is less than the fair market value of the
reconstructed housing and land combined. This may be
accomplished by completing the Test for Reconstruction and
providing an appraisal or equal on the fair market value of the
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CDBG Single-Family Housing Rehabilitation Guidelines
newly reconstructed housing. A copy of the Test for
Reconstruction must be kept in the project files and be available for
review during the monitoring visit.
The residential structure to be reconstructed must be a structure or
unit within a structure with cooking, eating, sleeping, and sanitation
facilities which has been legally occupied as a residence within the
preceding 12 months.
Reconstruction of a unit is categorically excluded from the National
Environmental Policy Act (NEPA, see Chapter 3) if the project is
four or fewer units per NEPA 58.35(a) (7).
Building plans for reconstruction should meet new construction
building and zoning standards for room size, setbacks, and off-
street parking areas.
II. REHABILITATION STANDARDS
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 and
Uniform Building Code 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
common facilities such as laundry and storage space or heating may be
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CDBG Single-Family Housing Rehabilitation Guidelines
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.
B. Access to the Building
Walks and steps shall be provided for all-weather access to the building and
constructed so as to provide safety and reasonable durability.
C. Grading
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.
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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
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
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
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licensed professional exterminators.
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.
H. Exterior Appurtenances
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.
I. Foundations
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
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.1
1Wherever 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.
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K. Interior Walls and Ceilings
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
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
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.
N. Roof Drainage
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.
O. Roof
2/ Ibid
3/ Ibid.
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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
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.
R. Windows, Doors, and Other Openings
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.
T. Plumbing
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.
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CDBG Single-Family Housing Rehabilitation Guidelines
U. Heating 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.
V. Porches, Walks and Steps
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.
Y. Painting and Decorating
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.
Z. Expansion of Dwelling
Rehabilitation assistance may provide for the expansion of kitchen and
bathroom facilities. 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.
AA. Kitchen Equipment
Rehabilitation assistance may provide for the repair or purchase of a kitchen
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CDBG Single-Family Housing Rehabilitation Guidelines
range and/or refrigerator if missing or unsafe.
BB. Energy Conservation Measures
Rehabilitation loans may be used to reduce energy consumption through the
installation of:
1. Dual glazing
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
7. Replacement of inefficient woodstoves or furnaces (including flues
and heat shields).
8. Duct testing and sealing for existing HVAC systems
9. Water conserving showerheads and faucet aerators
10. Hardwired energy efficient light fixtures and CFL’s
CC.Incipient Violations
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.
DD.Building Permits and Related Fees
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.
EE.Ineligible Costs
Except as provided for herein, a rehabilitation loan shall not be used for:
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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 (Energy
Star rated appliances may replace any existing appliances in poor condition).
4. Acquisition of land.
5. Penalty building permit fees.
FF. Sewer Lateral Replacement/Repair Grant Program
In certain cases, CDBG funds may be made available to income-eligible residents solely to provide repairs
or replacements of sewer laterals. This activity is considered to be housing rehabilitation and, although
similar in many ways to standard housing rehabilitations, have a number of differences. Sewer lateral
repair and/or replacement is subject to the following:
a. The applicant must be eligible and qualified under the City’s housing rehabilitation program guidelines.
b. Funds provided for sewer lateral replacement and/or repair to single family units are grants and do not
require repayment. The applicant must qualify under one of the three situations in Section III.4.
c. Applicants are selected on the basis of "first come, first ready" until funds are exhausted.
d. Sewer lateral projects generally do not undertake repairs to the interior of housing units unless such
repairs are absolutely necessary for a code-compliant sewer lateral.
III. TYPES OF FINANCING AND TERMS
A. Owner-Occupants
1. Maximum Loan Amount
An eligible owner may qualify for the full cost of the rehabilitation work needed to
comply with Section 8 Housing Quality Standards and Uniform Building Code.
Maximum assistance with funds is $100,000. Total indebtedness against
property will not exceed 100 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)
A DPL is a zero to four percent (0-4%) 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
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CDBG Single-Family Housing Rehabilitation Guidelines
becomes immediately due and payable. Payments may be made voluntarily on
a DPL.
3. Below Market Interest Rate (BMIR) Loans
Amortized loans secured by a deed of trust will bear a fixed simple interest rate
of 0-4% per annum on the unpaid principal balance, depending on the income of
the borrower, and eligible housing and/or other expenses. Whenever possible
loans will be amortized. The term of all amortized loans will be for 15 years
unless a longer period is deemed necessary to protect the integrity of the loan.
There will be no prepayment penalty.
4. Determining Eligibility
Owner-occupants with incomes below 50% 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. Owner-occupants with incomes
between 50% and 80% of the County median income, adjusted for family size
will be eligible for BMIR loans.
A limited number of $10,000 grants are available for any of the following three
situations:
1. For very low-income (gross annual income less than 50 percent of Mendocino
County median income) elderly persons - at least 55 years of age.
2. For persons with disabilities–grants for removal of architectural barriers to
ADA accessibility to a house with one or more disabled occupants.
3. Lowest Targeted Income Group - with gross annual income less than 50
percent of county median income.
For the above situations, costs for documents (preliminary title report, appraisal,
etc.) required of the applicant to meet program qualification requirements may
be included in the grant so as not to cause undue financial hardship. The Loan
Committee will determine if the grant should include these costs.
The Loan Committee may adjust the interest rate from 4% 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. Applicants who have housing costs in excess of this 30%
figure may qualify for a deferred or partially deferred loan.
5. Reconstruction Policy
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CDBG Single-Family Housing Rehabilitation Guidelines
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.
B. 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.
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.
C. 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. City staff may permit the same or
revised terms if income criteria are met by the new property owner.
IV. OCCUPANCY REQUIREMENTS
A. Owner-Occupants
1. Owner occupants will be required to submit to the City between January 1 and 15
of each year for the term of the loan:
Proof of occupancy in the form of a copy of a current utility bill.
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Statement of unit's continued use as a residence.
Declaration that other title holders do not reside on the premises.
Proof of property (hazard) insurance, showing City of Ukiah listed as loss
payee.
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 City 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.
3. If an owner wants to convert the rehabilitated property to any commercial
or non-residential use, the loan is due and payable.
V. OWNER PARTICIPATION OR SELF HELP LOANS
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
3) work must comply with the rehabilitation standard established by the Program
(Section 8 Housing Quality Standards and Uniform Building Code).
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.
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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 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.
b. A precise cost estimate of materials to be purchased. This estimate must
be based on actual costs.
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.
3. 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 Housing Rehabilitation staff.
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4.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.
5.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.
6.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.”
VI. APPLICANT SELECTION AND LOAN CLOSING
A. Home Improvement Loan Committee
1. Purpose
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.
2. Composition
The Committee will consist of one member of the City of Ukiah Finance Division,
one member of the City of Ukiah Public Works Division and one member of the
City of Ukiah Special Projects Division.
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.
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4. Action
Action of the Home Improvement Loan Committee shall be by majority vote.
B. Application Processing
The Housing Rehabilitation Staff shall gather any necessary financial information to
determine applicant eligibility and repayment ability. An application consists of:
1. A form containing financial and household information regarding the property
owner.
2. A form containing necessary income and household information. 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
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. Preliminary Title Report (Full or Limited Coverage) and Estimate of current
market and after rehabilitation market values.
6. Property Appraisal.
7. Termite Inspections and clearances shall be obtained if deemed necessary.
8. 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.
9. 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.
C. Application Selection
A Loan Committee Report (LCR) will be prepared for all loan applications determined by
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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:
1. 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
staff and submitted to the Home Improvement Loan Committee. The Housing
rehabilitation staff’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.
D. Loan Approval
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
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 City Loan Committee
when the applicant is clearly eligible and when in the opinion of the Loan Committee
existing housing conditions pose a hazard to the health and safety of the applicant.
E. Loan Closing
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
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period, City staff may rescind the loan commitment.
The Housing Rehabilitation Staff will provide for the execution of all necessary loan
documents and their recordation.
F. Appeals
Objections by any applicant as to policy, procedures, method of operation or decisions
by Citystaff or Home Improvement Loan Committee will be referred to the Assistant City
Manager. The Assistant City Manager 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.
VII. INSURANCE
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 City of Ukiah as Loss
Payee for the amount of the Home Improvement Loan(s). Proof of insurance shall be
provided to the City.
In the event the borrower fails to make the hazard insurance premium payments in a
timely fashion, the City, at its option, may make such payments. If the City makes any
such payments, the City may, at its sole discretion, add such payments to the principal
amount that the applicant is obligated to repay under this program.
B. Flood Insurance
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 City of Ukiah as
Loss Payee. The initial premium may be paid with Home Improvement Loan proceeds
for the first year.
VIII. GENERAL CONTRACTING PROCEDURES AND REQUIREMENTS
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 the City of Ukiah.
Contractors will be checked against HUD’s list of federally debarred contractors. No
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award will be granted to a contractor on this list. Contractors are required to follow all
federal and state regulations pertaining to the City of Ukiah Single-Family Housing
Rehabilitation Program.
Contractors must have public liability and property damage insurance, and worker’s
compensation, unemployment and disability insurance, to the extent required by
State law.
To the maximum extent feasible, the program shall make every attempt to utilize local,
small and minority contractors.
B. Procurement
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 homeowner will be the responsible agent, but the City and/or its
administrator will prepare the work write-up, prepare and advertise the bid package, and
assist the owner in negotiating the construction contract.
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.
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:
1. 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 compliance, the payment amount will be
delayed until compliance has been achieved.
2. Following an inspection and approval by the Housing Rehabilitation staff 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 staff, 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
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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 ownerand
the City’s Housing Rehabilitation staff.
When there are disputes between the contractor and property owner over contract
specifications, job scope or adequacy of performance, City of Ukiah staff will make the
final determination of contract requirements; City staff will have the authority to release
final payment where there is substantial compliance with the contract.
IX. TEMPORARY RELOCATION
Owner occupants will be informed of their eligibility for up to $3,000 in temporary
relocation benefits 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.
X. REPAIR CALLBACKS
In the event that a contractor must be called back to make corrections on rehabilitation
work items that are not covered by the one year warranty, the City has the option to cover
the costs through the current CDBG construction budget.
XI. COMPLAINT AND APPEAL PROCEDURE
Complaints concerning the City’s Housing Rehabilitation Program should first be
made to the City’s housing rehabilitation staff. City staff will act as mediator
between the homeowner and the General Contractor, and attempt to resolve any
disputes and adverse situations. If unresolved in this manner, the complaint or
appeal shall be made in writing and filed with the City. The City will then schedule a
meeting with the City’s Loan Review Committee. Their written response will be
made within fifteen (15) working days. If the applicant is not satisfied with the
committee's decision, a request for an appeal may be filed with the City Council.
GRIEVANCES BETWEEN BORROWER/GRANTEE AND CONSTRUCTION CONTRACTOR
Contracts signed by the contractor and the borrower/grantee include the following clause, which
provides a procedure for resolution of grievances: Any controversy arising out of or relating to this
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Contract, or the breach thereof, shall be submitted to binding arbitration in accordance with the
provisions of the California Arbitration Law, Code of Civil Procedure 1280 et seq., and the Rules of
the American Arbitration Association. The arbitrator shall have the final authority to order work
performed, to order the payment from one party to another, and to order who shall bear the costs
of arbitration. Costs to initiate arbitration shall be paid by the party seeking arbitration.
Notwithstanding, the party prevailing in any arbitration proceeding shall be entitled to recover
from the other all attorney's fees and costs of arbitration.
XII. DELINQUENCIES, DEFAULTS AND FORECLOSURES
A. Policy
The City acknowledges that circumstances beyond a borrower's control may
temporarily limit his/her ability to meet loan terms. The City 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, 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.
B. Procedure
1. Thirty (30) day and sixty (60) day delinquencies. The City or administrator
will 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. The City will 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 City housing
rehabilitation staff 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;
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- 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
the loan or afford to pay the full monthly installment, housing rehabilitation
staff 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 City staff 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.
XIII. AFTER-REHABILITATION PROPERTY MAINTENANCE
A. Policy
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
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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 becomes aware that rehabilitated property is not being properly
maintained it may:
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, 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 City may begin foreclosure proceedings.
XIV. 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 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.
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XV. ATTACHMENTS
The following documents are attached and form a part of these guidelines:
ATTACHMENT A: Annual Household Income Definition/Income Limits
ATTACHMENT B: City of Ukiah Residential Anti-displacement and Relocation
Assistance Plan
ATTACHMENT C: CDBG Foreclosure Policy
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ATTACHMENT A
ANNUAL HOUSEHOLD INCOME DEFINITION/INCOME LIMITS
INCOME LIMTS FOR ALL OF MENDOCINO COUNTY – 2014
Number of
Persons in
Household
1 2 3 4 5 6 7 8+
Income
Limit
(Yearly)
$30,700
$35,100
$39,500
$43,850
$47,400
$50,900
$54,400
$57,900
Note: Limits contained above will be updated annually as HCD releases the information.
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ATTACHMENT B
CITY OF UKIAH RESIDENTIAL ANTI-DISPLACEMENT AND
RELOCATION ASSISTANCE PLAN
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 10 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:
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A. Steps to Minimize or Prevent Displacement
1. Use CDBG 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
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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.
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
2. 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.
3. 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 including 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 City of Ukiah and/or its administrator.
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ATTACHMENT C
CDBG FORECLOSURE POLICY
Process for Loan Foreclosure:
Upon any condition of loan default: 1) non-payment; 2) lack of insurance or property tax payment;
3) violation of rent limitation agreement; 4) change in title or use without approval; 5) default on
senior loans, Lender will send out a letter to the Borrower notifying them of the default situation. If
the default situation continues then the Lender may start a formal process of foreclosure.
When a senior lien holder starts a foreclosure process and the Lender is notified via a Request for
Notice of Default, the Lender, who is the junior lien holder, may cancel the foreclosure proceedings
by "reinstating" the senior lien holder. The reinstatement amount, or payoff amount must be
obtained by contacting the senior lien holder. This amount will include all delinquent payments, late
charges and fees to date. Lender must confer with Borrower to determine if, upon paying the senior
lien holder current, the Borrower can provide future payments. If this is the case then the Lender
may cure the foreclosure and add the costs to the balance of the loan with a Notice of Additional
Advance on the existing note.
If the Lender determines, based on information on the reinstatement amount and status of borrower,
that bringing the loan current will not preserve the loan, then staff must determine if it is cost effective
to protect their position by paying off the senior lien holder in total and restructure the debt such that
the unit is made affordable to the Borrower. If the Lender does not have sufficient funds to pay the
senior lien holder in full, then they may choose to cure the senior lien holder and foreclose on the
property themselves. As long as there is sufficient value in the property, the Lender can afford to
pay for the foreclosure process and pay off the senior lien holder and retain some or all of their
investment.
If the Lender decides to reinstate, the senior lien holder will accept the amount to reinstate the loan
up until five (5) days prior to the set "foreclosure sale date." This "foreclosure sale date" usually
occurs about four (4) to six (6) months from the date of recording of the "Notice of Default." If the
Lender fails to reinstate the senior lien holder before five (5) days prior to the foreclosure sale date,
the senior lien holder would then require a full pay off of the balance, plus costs, to cancel
foreclosure. If the Lender determines the reinstatement and maintenance of the property not to be
cost effective and allows the senior lien holder to complete foreclosure, the Lender's lien may be
eliminated due to insufficient sales proceeds.
Lender As Senior Lien Holder:
When the Lender is first position as a senior lien holder, active collection efforts will begin on any
loan that is 31 or more days in arrears. Attempts will be made to assist the homeowner in bringing
and keeping the loan current. These attempts will be conveyed in an increasingly urgent manner
until loan payments have reached 90 days in arrears, at which time the Lender may consider
foreclosure. Lender’s staff will consider the following factors before initiating foreclosure:
A. Can the loan be cured and can the rates and terms be adjusted to allow for affordable
payments such that foreclosure is not necessary?
City of Ukiah Page 33
CDBG Housing Rehabilitation Guidelines
B. Can the Borrower refinance with a private lender and pay off the Lender?
C. Can the Borrower sell the property and pay off the Lender?
D. Does the balance warrant foreclosure? (If the balance is under $5,000, the expense to
foreclose may not be worth pursuing.)
E. Will the sales price of home "as is" cover the principal balance owing, necessary
advances, (maintain fire insurance, maintain or bring current delinquent property taxes,
monthly yard maintenance, periodic inspections of property to prevent vandalism, etc.)
foreclosure, and marketing costs?
If the balance is substantial and all of the above factors have been considered, the Lender may opt
to initiate foreclosure. The Borrower must receive, by certified mail, a thirty-day notification of
foreclosure initiation. This notification must include the exact amount of funds to be remitted to the
Lender to prevent foreclosure (such as, funds to bring a delinquent BMIR current or pay off a DPL).
At the end of thirty days, the Lender should contact a reputable foreclosure service or local title
company to prepare and record foreclosure documents and make all necessary notifications to the
owner and junior lien holders. The service will advise the Lender of all required documentation to
initiate foreclosure (Note and Deed of Trust usually) and funds required from the owner to cancel
foreclosure proceedings. The service will keep the Lender informed of the progress of the
foreclosure proceedings.
When the process is completed, and the property has "reverted to the beneficiary" at the foreclosure
sale, the Lender could sell the home themselves under a homebuyer program or use it for an
affordable rental property managed by a local housing authority or use it for transitional housing
facility or other eligible use. The Lender could contract with a local real estate broker to list and sell
the home and use those funds for program income eligible uses.
Attachment 1
Resolution 2014-
Page 2 of 7
EXHIBIT 1
UFD/UVFD REPORT
January 1st – June 30, 2014
State Street Fire
7 5 10 2 0
235
37 2 37
87
8 20 10 3 4 10 2
528
24 3
68
258
34 0
Incidents by Type - Jan. 1 - June 30, 2014 UVFD
Incidents by Type - Jan. 1 - June 30, 2014 UFD
UVFD Calls = 450 UFD Calls = 944 Total Calls = 1,394
UVFA ON THE JOB
CALLS BY PERCENTAGE
•There were a total of 1,394 emergency
responses in the Ukiah Valley Fire Authority
response area.
•450 of those emergency responses were in the
Ukiah Valley Fire District’s response area.
•944 of the emergency responses were in the
Ukiah City fire Departments response area.
•This equates to 68% of the emergency
responses in the City of Ukiah, and 32% of the
emergency calls in the Ukiah Valley Fire
District.
UVFD=450
32% UFD = 944
68%
Calls by Percentage: 1/1/2014 - 6/30/2014
UFD ENGINE 6552 at
the scene of a vehicle
accident.
UVFD ENGINE 6585 at
the scene of lumber
mill fire.
UVFD / UFD EQUIPMENT MILEAGE 4/1/2014
Through 6/1/2014
BEGINNING ENDING TOTAL
STATION VEHICLE MILEAGE MILEAGE MILES
641 6400 61354 63815 2461
641 6403 80247 83917 3670
641 6504 41166 43010 1844
641 6505 50367 52891 2524
641 6456 147866 147982 116
641 6440 38247 38899 652
641 6460 46194 47205 1011
641 6481 8886 9952 1066
641 6468 69678 69678 0
641 6580 55945 58676 2731
642 6547 25786 25861 5
642 6490 19514 20046 532
642 6483 94220 94466 246
642 6485 87040 87182 142
642 6520 07727 07727 0
642 6560 53216 53354 138
643 6584 68676 69364 688
643 6552 18421 21210 2789
643 6472 29285 29390 105
643 6545 75732 76716 984
643 6431 27213 27396 183
Total UVFD mileage -10184 Total UFD mileage – 11703
Mileage by Percentage of Responses
•The City of Ukiah vehicles were driven
11,703 or 53% of the total miles.
•The Ukiah Valley Fire Districts vehicles were
driven 10,184 or 47% of the total miles.
•There was a total of 21,887 miles driven by
all vehicles in the Ukiah Valley Fire
Authority.
•The Ukiah Valley Fire District drove their
vehicles15% more to emergency responses
then the City of Ukiah or 3,180 miles.
32%
47%
68%
53%
Mileage Comparison 1/1 - 6/30/2014
UVFD UFD
Percentage of Calls Percentage of Miles
Village Circle Apartment Fire
City of Ukiah
Sick Leave, Comp and Vacation
1-1-2014 thru 6-30-2014
Total Sick Leave usage 792 hrs. or 33 days
Total Vacation Usage 1224 hrs. or 51 days
Total Comp Time Usage 2880 hrs. or 120 days
Total time off 4896 hrs. or 204 days
Average of 544 hrs. or 22.7 days per person
Ukiah Valley Fire District
Sick Leave, Comp and Vacation
1-1-2014 thru 6-30-2014
Total Sick Leave usage 324 hrs. or 13.5 days
Total Vacation Usage 744 hrs. or 31 days
Total time off 1068 hrs. or 44.5 days
Average of 42.72 hrs. or 8.9 days per person
Vehicle Accident Vichy Springs Road
COST OF OT
$26,529.05
1,306.00 OT
HOURS
COST OF OT
$39,600.31
1,291.50 OT
HOURS
Total Overtime (OT) Hrs. & Cost
UFD 1/1 - 6/30/2014 UVFD 1/1 - 6/30/2014
OVERTIME HOURS WORKED
Total overtime worked by UVFD = 1305 hrs or 54.4 days
Total overtime cost to UVFD = $26,529.05
Average Cost per day for overtime = $487.66
Total overtime worked by UFD = 1291.50 hrs or 53.8 days
Total overtime cost to UFD = $39,600.31
Average cost per day for overtime = $736.06
Overtime Hours worked By Rank
UVFD Overtime hours worked UFD Overtime hours worked
Captain – 203.5 hrs. Captain – 324 hrs.
Captain – 180 hrs. Captain – 274 hrs.
Captain – 180.25 hrs.
Engineer – 194 hrs. Engineer – 190.5 hrs.
Engineer – 150.50 hrs. Engineer – 182.50 hrs.
Engineer – 196 hrs.
Firefighter – 48 hrs.
Firefighter – 76 hrs.
Total Overtime Hours = 1,305 Total Overtime Hours = 1,291
Total Overtime Cost = $26,529.05 Total Overtime Cost = $39,600.31
Overtime versus Time off
TOTAL TIME OFF COMPARED TO OVERTIME WORKED
UVFD Personnel total Overtime worked = 1,305 hrs.
UVFD Personnel total Vacation and Sick Leave used = 1,068 hrs.
Extra Hours worked covering for UFD employees = 237 hrs.
UFD Personnel total Overtime worked = 1,291 hrs.
UFD Personnel total Vacation and Sick Leave used = 2016 hrs.
Extra Hours worked covering for UFD employees = 0 hrs.
UKIAH VALLEY FIRE AUTHORITY