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2018-07-18 Packet
2 3 STATE OF CALIFORNIA -BUSINESS, CONSUMER SERVICES, ANDHOUSING AGENCYEDMUND G. BROWN JR., Governor DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT OFFICE OF THE DIRECTOR 2020 W. El Camino Avenue, Suite 500 Sacramento, CA 95833 (916) 263-7400 www.hcd.ca.gov FOR IMMEDIATE RELEASE Date:June 27, 2018 Contact: Karen C. Naungayan Office: (916) 263-7400 Mobile: (916) 207-9132 karen.naungayan@hcd.ca.gov CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT RELEASES UPDATED DATAIN NEW, ONLINE MAPSHOWINGWHICH CITIES/COUNTIES MUST ALLOWSTREAMLINED HOUSING DEVELOPMENT Easypoint-and-click reveals detaileddatashowing how jurisdictions are performing in meeting their housing needand reporting requirements SACRAMENTOThe California Department of Housing and Community Development (HCD) has released an updated list showing which California cities and counties are subject to streamlined approvals for certain housing projectsunder Senate Bill 35. -bill housing package that was signed intolaw by Governor Edmund G. Brown Jr. in September 2017. The law, which took effect January 1, is intended to help address housing affordability by expediting approvals for some types ofnew housing projects in jurisdictionsthat are not meeting their housing needs. The updated list reflects the latest data submitted to HCD by jurisdictionsin their housing element annual progress reports, whichshow the number of housing permits issued relative to each jurisdiction's housing need. Each April, all 539 jurisdictions in California mustsubmit their annual progress reports,covering "Although it's still early, because SB 35 just became law six months ago, we are definitely seeing an increase in the number of annual progress reports submitted to HCD compared to this point in previous years," said Ben Metcalf, Director of HCD. "I'm hopeful that we will not only continue to see higher compliance in report submissions, but, more importantly, that the reports will begin to show that cities and counties are catching up and keeping pace with their housing goals." Accompanying the updated list isa new,online interactive mapthat allows users toquickly view detaileddata for each jurisdiction, including whether or notthe cityorcounty: Has an HCD-approved housing). Is subject to streamlined housing approvals. Has been submitting its annual progress reports. The map also shows the number of housing permits issued to build homes affordable to people in each income category and how those permitsstack up against the city/county's housing need. 4 On July 12, 2018,HCD will host a webinar showing how to use the more-advanced features of the interactive map. To receive email notifications about the webinar, SB 35, or other elements of the housing package, sign up to receive HCD emailCalifornia's 2017 Housing Package information, including frequently asked questions and milestones for eachbill'simplementation can be found on HCD's 2017 Housing Package webpage. SB 35 Background:housing need is determined every five to eight yearsthrough the Regional Housing Needs Allocation (RHNA)process. Once the need isdetermined, cities and counties must show they have zoned enough land for housing to accommodate families and individuals at all income levels. These plans, known as housing elements, must be submitted to HCD for approval and SB 35 looks beyond planning to see if cities/counties are on track to permitsufficienthousing to meettheir need.When they have not, they are subject to SB 35streamlined approval requirements. In orderfor a proposed developmentto qualify for expeditedapproval in a city or county that is subject to SB 35 streamlining, it must,among other things: Be located on an infill site. Follow residential and mixed-use zoning laws. Dedicate at least 10 percentof housing units for lower-income residentsif the city/county has not made sufficient progress toward their above-moderate income housing need,or at least 50 percent of housing units for lower-income residents if the city/county has not made sufficient progress toward their very-low and low-income housing need. The California Department of Housing and Community Development is dedicated to the preservation and expansion of safe and affordable housing,so more Californians have a place to call home. Our team works to ensure an adequate supply of housing for Californians and promotes the growth of strong communities through its leadership, policy and program development.For more information, please visit www.hcd.ca.gov and follow us on Twitter, @California_HCD and Facebook, @CaliforniaHCD. # # # 5 6 7 8 9 : 21 22 2 3 4 5 6 7 8 9 : 21 22 2 3 MAYOR DOBLE PRESIDING. The Pledge of Allegiance was led by Councilmember Brown. Presentation was received. – City Clerk. – Community Development. 4 City Council Minutes for June 6, 2018, Continued: (COU No. 1718- 223)– Human Resources. (PO No. 45402) – Public Works. (COU No. 1718-229) – Community Services. No comments were received. 5 City Council Minutes for June 6, 2018, Continued: Councilmember Brown withdrew his second. (recommendation #3 from the staff report with the clarification that this is a continued hearing) No public comment was received. (2018-12) RECESS: 8:29 – 8:35 P.M. 6 City Council Minutes for June 6, 2018, Continued: (2018-13) This item was continued to the next Council meeting on June 20, 2018. 7 City Council Minutes for June 6, 2018, Continued: THE CITY COUNCIL ADJOURNED TO CLOSED SESSION AT 9:33 P.M. Vichy Springs Resort v. City of Ukiah, Et Al; Case No. SCUK-CVPT-2018-70200 Ukiah Valley Sanitation District v. City of Ukiah No report out was received. 8 2 MAYOR DOBLE PRESIDING. The Pledge of Allegiance was led by Sage Sangiacomo, City Manager. Note: this item was reviewed in full on June 7, 2018; No additional review was conducted. Sage Sangiacomo, City Manager Sage Sangiacomo, City Manager and Kerry Randall, Facilities Supervisor. Dan Buffalo, Finance Director; Daphine Harris, Finance Management Analyst; Leigh Halvorsen, Accountant; Lori Martin, Billing and Customer Service Manager Mary Horger, Procurement Manager; and Scott Shaver, Information Technology Manager. Sage Sangiacomo, City Manager Sage Sangiacomo, City Manager Sage Sangiacomo, City Manager 3 Chris Dewey, Police Chief Dan Grebil, Fire Authority Administrator RECESS: 5:54 – 6:25 P.M. Tami Bartolomei, Community Services Administrator; Jarrod Meyers, Parks Superintendent; Jake Burgess, Recreation Supervisor; Kerry Randall, Facilities Supervisor; and David Burton, Museum Director. Craig Schlatter, Community Development Director; Michelle Irace, Planning Manager; and Matt Keizer, Building Official. Tim Eriksen, Public Works Director/City Engineer and Jarod Thiele, Public Works Management Analyst. Greg Owen, Airport Manager. Mel Grandi, Electric Utility Director. Sean White, Water Resources Director. 4 2 MAYOR DOBLE PRESIDING. The Pledge of Allegiance was led by Vice Mayor Mulheren. Proclamation was received by Chris Dewey, Police Chief. RECESS: 6:19 – 6:35 P.M. Presentation was received. Presentation was received. 3 – Finance. – Airport. – Community Development. (COU No. 1718-234)Ukiah Daily Journal – City Clerk. (COU No. 1718-235) – Airport. – Information Technology. Pulled by Councilmember Crane and Moved to Agenda Item 13c. (COU No. 1718- 236)– Fire. 4 (2018-14) (2018-15) (COU No. 1718-138-CO3) This item was pulled by City staff, and will return at a later date. (COU No. 1718-237) (COU No. 1718-238) 5 Reports were received. –From Consent Calendar Agenda Item 7f THE CITY COUNCIL ADJOURNED TO CLOSED SESSION AT 8:18 P.M. Vichy Springs Resort v. City of Ukiah, Et Al; Case No. SCUK-CVPT-2018-70200 Ukiah Valley Sanitation District v. City of Ukiah No report out was received. 6 2 MAYOR DOBLE PRESIDING. The Pledge of Allegiance was led by Sage Sangiacomo, City Manager. (attached to minutes) (attached to minutes) RECESS: 4:58 – 5:04 P.M. 3 City of Ukiah v. Questex, LTD, et al, Mendocino County Superior Court, Case No. SCUK- CVPT-15-66036 Closed Session was not held. 4 Use Permit and Site Development Permit Findings Ordinance of The City Council of the City of Ukiah Amending Various Sections of Chapter 2, Division 9 of The Ukiah City Code to Set Forth in Greater Detail the Procedure for Calculating Residential Density. 5 Variance Findings 6 7 2 3 CITY OF UKIAHAttachment 1 REPORT OF DISBURSEMENTS REGISTER OF PAYROLL AND DEMAND PAYMENTS FOR THE MONTH OF JUNE FUNDS: 100General Fund$292,879.68700Sanitary Disposal Site Fund$19,911.14 105Measure S General Fund701Landfill Corrective Fund 110Special General Fund702Disposal Closure Reserve Fund 201Worker's Comp Fund$203,182.12704Post Closure Fund - Solid Waste$0.00 202Liability Fund$19,489.00720Golf Fund$4,899.54 203Garage Fund$2,426.66730Confernence Center Fund$15,246.63 204Purchasing Fund $2,001.98750Visit Ukiah $23,254.80 205Billing & Collections Fund$9,596.84777Airport Fund$72,664.61 206Public Safety Dispatch Fund$1,167.61778Airport Capital Improvement Fund 207Payroll Posting Fund$246,936.31779Special Aviation Fund 208Building Maintenance/Corp Yard Fund$45,314.26800Electric Fund$860,950.92 209IT Fund$130,061.30801Electric Capital Reserve Fund$23,006.16 220Equipment Reserve Fund803Lake Mendocino Bond Reserve $2,000.00 250Special Revenue Fund$31.99805Street Lighting Fund$12,240.29 251 Special Projects Reserve Fund 806Public Benefits Fund$21,582.55 300Park Development Fund820Water Fund$1,473,503.39 301Anton Stadium Fund$0.00822Water Capital Improvement Fund 302Observatory Park Fund$2,500.00830Recycled Water Fund$2,068,298.87 304Swimming Pool Fund $0.00 305Riverside Park Fund$0.00840City/District Sewer Fund $123,175.43 306Skate Park Fund$0.00841Sewer Contruction Fund 310Museum Grants843Sewer Capital Fund 311Alex Rorbaugh Recreation Center Fund$3,349.44900Special Deposit Trust$21,433.19 312Downtown Business Improvement Fund$5,887.77901General Service (Accts Recv)$1,016.75 313LMIHF Housing Asset Fund902U.S.W. Billing & Collection$69,369.50 314Winter Special Events903Public Safety - AB 109$0.00 5002106 Gas Tax Fund905Federal Emergency Shelter Grant 5012107 Gas Tax Fund905Mendocino Emergency Service Authority 5032105 Gas Tax Fund911Russian River Watershed Association$6,290.00 505Signalization Fund940Sanitation District Special Fund$3,490.89 506Bridge Fund943Sanitation District Capital Improvement Fund 5071998 STIP Augmentation Fund952REDIP Sewer Enterprise Fund 508SB325 Reimbursement Fund$23,341.00960Community Redevelopment Agency 509S.T.P. Fund$175,938.29961RDA Housing Pass-Through 510Trans-Traffic Congest Relief Fund$1,636.75962Redevelopment Housing Fund 600Community Development Block Grant963Housing Debt 601EDBG 94-333 Revolving Loan964RDA Capital Pass-Through 602Community Development Fund965Redevelopment Capital Improvement Fund 60308-HOME-4688966Redevelopment Debt Service$2,175.00 604CDBG Grant 09-STBG-6417967Housing Bond Proceeds 60511-HOME-7654 Fund$0.00968Non-Housing Bond Proceeds 606CDBG Grant 10-EDEF-7261$22.61969RDA Obligation Retirement Fund$306.00 607Prop 84 Grant Fund844/944Sewer Capital Projects Fund$196,248.78 60913-CDBG-8940915UVFD$23,202.74 610City RDA Projects FundRetainage Withheld$105,745.66 630Asset Seizure Fund$10,553.50611CDBG 16-CDBG-11147 631Asset Seizure Fund (Drug/Alcohol) 633H & S Education 11489(B)(2)(A1)$2,766.49 634Federal Asset Seizure Grants 635SUP Law Enforcement Service Fund$1,250.00 637Local Law Enforcement Block Grant 638Asset Forfeiture 11470.2 H & S 639Special Revenue - Police$0.00 640Parking District Fund$880.48 691Museum Fund$3,055.12 PAYROLL CHECK NUMBERS: 506007-506052TOTAL DEMAND PAYMENTS- A/P CHECKS$6,334,282.04 DIRECT DEPOSIT NUMBERS: 87594-87803TOTAL DEMAND PAYMENTS-WIRES* & EFT's$136.00 PAYROLL PERIOD: 5/20/18-6/2/18TOTAL PAYROLL CHECKS & DIRECT DEPOSITS$869,017.96 PAYROLL CHECK NUMBERS: 506054-506117TOTAL PAYROLL EFT's (TAXES, PERS, VENDORS)$493,654.14 DIRECT DEPOSIT NUMBERS: 87804-88022* vendor name( if applicable) PAYROLL PERIOD: 6/3/18-6/16/18 PAYROLL CHECK NUMBERS: DIRECT DEPOST NUMBERS: PAYROLL PERIOD: VOID CHECK NUMBERS: TOTAL PAYMENTS$7,697,090.14 3014920, 3014947, 3019173, 3021105, 3021996, 3020124, 3024860 3024476, 3024724, 3023211, 3025066, 3024551, 3022677, 3025488 3019291, 3022800, 3023512, 3027499, 3027923, 3020859, 3022405 3022425, 3022647, 3023534, 3025179, 3022538, 3027869, 3027213 3022410, 3022417, 3022421, 3022432, 3025167, 3025177, 3025180 3025195, 3025197, 3025198, 3027590 MANUAL CHECK NUMBERS: 506053 MANUAL EFT NUMBERS: 88023-88033 WIRE TRANSFER NUMBERS: CERTIFICATION OF CITY CLERK This register of Payroll and Demand Payments was duly approved by the City Council on ____________________. _____________________________________________________ City Clerk APPROVAL OF CITY MANAGERCERTIFICATION OF DIRECTOR OF FINANCE I have examined this Register and approve same.I have audited this Register and approve for accuracy and available funds. 4 ____________________________________________________________________________________________ City ManagerDirector of Finance Account Code Summary Attachment 2 10000000General Fund20526430Electric Department - Meter Readers 10010000City Council20620231Ukiah Dispatch 10011100City Clerk20620232Ft Bragg Dispatch 10011300Elections20700000Payroll Posting Fund 10012100City Manager20822500Building Maintenance 10012200Administrative Support20824300Corporation Yard 10012400Miscellaneous General Government20922900IT Fund 10013400Finance Department22013300FA Replace - Finance UB 10014000City Attorney22020200FA Replace - Police Operations 10015100Treasury Management22021210FA Replace - Fire Administration 10016100Human Resources22022900FA Replace - Information Technology 10017100Economic Development22024100FA Replace - Garage 10018000Community Outreach 22024220FA Replace - Streets 10020217Animal Control 22024413FA Replace - Water Distribution Cap 10022100Parks 22024414FA Replace - Water Distribution O&M 10022300Aquatics22024421FA Replace - City Wastewater 10022800Recreation 25024210Engineering Reserve 10022810Recreation Administration25024300Corporation Yard Reserve 10022821Adult Basketball 25122900CIP - IT 10022822Adult Softball25123100CIP - Planning 10022824Co-Ed Volleyball25124210CIP - Engineering 10022831Youth Basketball25124220CIP - Streets 10022832Youth Softball25124410CIP - Water 10022840Day Camp25124421CIP - City Wastewater 10022850Classes & Clinics25126410CIP - Electric 10022860Special Activities30022200Park Development 10023100Community Planning30122210Anton Stadium 10023320Building Inspection30222220Observatory Park 10024210Engineering30522250Riverside Park 10024214Traffic Signals30622260Skate Park 10024620Streets 30822280Project Planning 10024224Storm Drains31022700Museum Grant 10514000Police - City Attorney31122000Alex Rorabaugh Recreation Center 10520210Patrol31217100Downtown Business Improvement District 10520214Police Reserves50524210Engineering - Signalization Fund 10520216COPS Grant50624210Capital Engineering 10520218Police - CSO50824210SB325 - Engineering 10520224Police - Major Crimes Task Force50824220SB325 - Streets 10521210Fire Administration50924210STP - Engineering 10521312Fire Volunteer Station50924220STP - Streets 20112400Worker's Compensation Fund51024220Trans - Traffic Slurry Seal 20212400Liability Fund 510X9999Trans -Traffic Project 20324100Garage Fund60217441Grant - CDBG 602 20413500Purchasing Fund60317442Grant - HOME 603 20513300Billing and Collections60417441Grant - CDBG 604 20514000Billing and Collections - City Attorney60517442Grant - HOME 605 5 20524412Water Department - Meter Readers60517461First Time Homebuyer Program Account Code Summary Attachment 2 60517462FTHB Activity Delivery80026130Electric Substation 60517467FTHB - PIR80026140Reimbursable Work for Others 60600000CDBG Grant 10-EDEF-7261 Fund80026200Electric Metering 60617441Grant - CDBG 60680026300Electric Generation 60617451General Administration80026312Mendocino Hydro 60617452AD ED Direct Financial Assistance80026330Hydro Electric 60617453ED Direct Financial Assistance80026400Electric Administration 60717443Grant Prop 8480026410Electric General Administration 60724413Prop 84 Water Distribution Cap80026430Interdepartmental Charges 6090000013-CDBG-894080326330Hydro Plant 6091745813-CDBG-894080526610Street Lighting 63020210Asset Seizure Expenditure80626500Public Benefit 63120210Drug & Alcohol Education82027110Water 63320210H&S Asset Seizure Expenditure 82027111Water - Production O&M 63420250Fed Asset Seizure Expenditure 82027113Water - Distribution Capital 63520210SLESF82027114Water - Distribution O&M 63820210Asset Forfeiture 11470 82027115Water - Production Capital 64020213Parking Enforcement82227113Water - Distribution Capital 69122700Museum84027220Wastewater 70024500Landfill 70084027221Wastewater City - O&M 70224500Landfill Closure84027222Wastewater City - Capital 70424500Landfill Post closure84027225Wastewater Treatment - O&M 72022400Golf84027226Wastewater Treatment - Capital 73022600Conference Center84227220Wastewater 75017110Visit Ukiah84327222Wastewater City - Capital 77725200Airport Operations84427221Wastewater City Capital - O&M 77817411FAA Grant84427222Wastewater City - Capital 80026100Electric Administration90000000Special Deposit Trust Fund 80026110Electric Overhead91190100Russian River Watershed Assoc 80026120Electric Underground96900000Successor Agency 80100000 Infrastructure 6 hĬƆĻĭƷ /ƚķĻ {ǒƒƒğƩǤ Attachment 3 12102INVENTORY OF SUPPLIES52526FRAUD INVEST. ASSESSMENT 12103STORES PURCHASES52527A.D.P. PREMIUM & DEDUCTIBLE 12104INVENTORY - PURCHASES52528LIABILITY INSURANCE 12105STORES ISSUES52529EARTHQUAKE & FLOOD PREMIUMS 51211PERS UNFUNDED LIABILITY52530POLLUTION-ENVIRON INS PREMIUM 51280OVERTIME/CALLOUT MEALS52531UMEMPLOY. INS EXPENSE 51285CALLOUT MILEAGE REIMBURSEMENTS52532SAFETY & TRAINING SUPPORT 52100CONTRACTED SERVICES52600RENT 52107CONTRACTED SERVICES-EIR52841SUCCESSOR AGENCY ADMIN 52108CONTRACT SERVICES-GPU54100SUPPLIES 52110AMBULANCE BILLING54101POSTAGE 52111MAINT. CONTRCTS - DEFIBRULATOR54102SMALL TOOLS 52112M. S. OVERSIGHT54105PHOTOGRAPHIC EXPENSE 52113PLANNING STUDIES54106SPECIALTY SUPPLIES 52114COMPLIANCE STUDIES54120PW - SPECIAL SUPPLIES 52120LABOR CHARGES FROM OTHER DEPAR54121PW - ASPHALT CONCRETE 52130EDUCATIONAL & MARKETING MATL'S54122PW - AGGREGATE BASE 52131ASSISTANCE TO SENIORS54123PW - CRACK SEALANT 52132EMERGENCY ASSISTANCE54124PW - CONCRETE/SUPPLIES 52133MONTHLY DISCOUNT PROGRAM54125PW - TRAFFIC PAINT 52134CONTRACT ADMINISTRATION54126PW-PREMARKS 52135ENERGY CONSERVATION PROGRAM54127PW - SIGN POSTS/SHEETING 52136PHOTOVOLTAIC RATES/INCENTIVE54128PW - COLD PATCH MATERIAL 52137PUBLIC BENEFITS PROGRAM MGMT54129PW - TACK OIL 52138NCPA PUBLIC BENEFITS PROGRAM54130PW - SAFETY 52139RESEARCH, DEVELOPMENT & DEMO54131PW - BARRICADES & CONES 52140LITIGATION EXPENSES54160HR - CITY LIABILITY & CONTRACT 52145DETACHMENT-SEWER-UVSD54161HR - BACKGROUND & PHYSICALS 52150LEGAL SERVICES/EXPENSES54162HR - ADVERTISING 52151AFLAC & PERS INSUR ADMIN FEES54163HR - INTERVIEW SUPPLIES 52170UKIAH WASTE SOLUTIONS54164HR - FORMS & OTHER DIV. EXP. 52171RESIDENTIAL BILLING CHARGE54165HR - NEW EMPLOYEE FINGERPRINT 52172COMMERCIAL OVERSIGHT FEE54166HR - DOT TESTING PROGRAM 52180SECURITY SERVICES54167HR - EMPLOYEE DEVELOPMENT 52301PROPERTY TAX ADMIN FEE54168HR - REMIF SAFETY TRNG & SUPPO 52302AMBULANCE FEES54201PRISONER EXPENSE 52303REHIT SUPPORT54202MAJOR CRIME INVETIGATIONS 52304LAFCO FEES AND PROP TAX EXP54320SOFTWARE 52500TRUSTEE FEES54330COMPUTER AND TECHNOLOGY 52510ADVERTISING & PROMOTION54500EQUIP RENTS AND LEASES 52515ADVERTISING & PUBLICATION54700FINES & PENALTIES 52521LIABILITY INSURANCE PREMIUM55100TELEPHONE 52522LIABILITY INSURANCE DEDUCT55200PG&E 52523BOILER/MACHINERY PREMIUMS55210UTILITIES 52524PROPERTY INSURANCE56100VEHICLE & EQUIPMENT MAINT. & R 7 52525WORKER'S COMP. EXPENSE56110CITY GARAGE - PARTS 56121R & M RADIO EQUIPMENT56111CITY GARAGE - LABOR 56122R & M NON-AUTO EMS EQUIPMENT56112EQUIPMENT PARTS FOR RESALE 56123R & M COMPUTERS56120EQUIPMENT MAINTENANCE & REPAIR 56124MAINT CONTRACT DEFIBULATORS80235SYSTEM MAINTENANCE 56130EXTERNAL SERVICES80236EMERGENCY/CONTINGENCY 56210FUEL & FLUIDS90100LOAN PROCEEDS 56300BUILDING MAINT. & REPAIR90101LOAN PAYMENT RECEIVED 56410EQUIPMENT RENTAL - PRIVATE90301LOAN REPAYMENT 56504FACILITY MAINTENANCE & REPAIR90410BOND PROCEEDS 56600AIRFIELD MAINTENANCE & REPAIR 56700LANDFILL CLOSURE EXPENSE 57100CONFERENCE & TRAINING 57101CONF & TRAINING-AQUATICS 57102CONF & TRAINING-PARKS STAFF 57200MEETINGS 57300MEMBERSHIPS & SUBSCRIPTIONS 58101NCPA PLANT GENERATION 58102NCPA POWER PURCHASES 58103NCPA TRANSMISSION 58104NCPA MANAGEMENT SERVICES 58105NCPA THIRD PARTY SALES 58106NCPA PASS THROUGH COSTS 58107NCPA COMMITMENTS ACTIVITY 58201WATER PURCHASES 58202WATER TREATMENT PLANT CHEMICAL 58401AVIATION FUEL 58410GARAGE LUBRICANTS & PARTS 58510REIMBRSABLE JOBS 59100PROPERTY TAXES PAID 59101FEES 59102FRANCHISE FEES 59350PURCHASE DISCOUNTS TAKEN 59400OTHER EXPENSES 70101LOAN PAYMENTS MADE 70102BOND INTEREST PAYMENTS 70110BOND ISSUANCE COSTS 70201LOAN PRINCIPAL PAYMENTS 70202BOND PRINCIPAL PAYMENTS 80100MACHINERY & EQUIPMENT 80200BUILDINGS ACQUISITION 80210LAND ACQUISITION 80220BUILDING IMPROVEMENTS 80230INFRASTRUCTURE 80231RECYCLING STUDY 50% GRANT MATC 80232LINE REPLACEMENTS 80233MAIN REPLACEMENTS 8 80234INFLOW/INFILTRATION 9 : 21 22 23 24 25 26 27 28 29 2: 31 32 33 34 35 36 37 38 39 3: 41 42 43 44 45 46 47 48 49 4: 51 52 53 54 55 56 57 58 59 5: 61 62 63 64 65 66 67 68 69 6: 71 72 73 74 75 76 77 78 79 7: 81 82 83 84 85 86 87 88 89 8: 91 92 93 94 95 96 97 98 99 9: :1 :2 :3 :4 :5 :6 :7 :8 :9 :: 211 212 2 3 RESOLUTION NO. 2018 - __ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ESTABLISHING A FUNDING MECHANISM FOR CITY’S PERFORMANCE AS LAND MANAGER IN COMPLIANCE WITH THE RIPARIAN CORRIDOR BUFFER ENHANCEMENT PLAN AND THE DECLARATION OF COVENANTS REGARDING RIPARIAN CORRIDOR BUFFER ENHANCEMENTS. WHEREAS, 1.On August 8, 2017, the City Community Development Department notified Costco Wholesale Corporation (“Costco”) that all permits related to the Costco Wholesale Store Project (“Project”) in the City of Ukiah were approved by the City, which include the Site Plan (the “Plan”) and a Final Standard Urban Stormwater Mitigation Plan (“SUSMP”) for the property purchased by Costco for the Project (the “Property”). 2.The Plan and SUSMP require the construction and maintenance of BMP facilities on the Property (the “BMP Facilities”) by Costco. 3.On January 29, 2015 and February 23, 2015, the California Department of Fish and Wildlife (“CDFW”) and the North Coast Regional Water Quality Control Board (“Board”), respectively, approved the Huffman-Broadway Group, Inc. 2014 Riparian Corridor Buffer Enhancement Plan, Ukiah, Mendocino County, California,Corps File No. 249675 for the Property (“Enhancement Plan”). The BMP Facilities required under the SUSMP and riparian enhancements (“Enhancements”) 4. required by the Enhancement Plan may include both built and landscaping features. The Plan, SUSMP, and Enhancement Plan may be inspected at the City of Ukiah, Department of Public Works, 300 SeminaryAvenue, Ukiah, CA upon appointment. 5.On or about September 29, 2018, to comply with the Plan, SUSMP and Enhancement Plan Costco and the City entered and recorded a Declaration of Covenants to provide for the rian Corridor Buffer development and maintenance by Costco of the BMP Facilities and a Ripa Enhancement Area, as described in Sections 1.2 and 2.1 of the Enhancement Plan (“Enhancement Plan Area”) and to establish a funding mechanism for the City, when the City assumes the role of Land Manager in accordance with the Enhancement Plan. 6.Under the Enhancement Plan, the City assumes the role of Land Manager in the fifth year after Costco receives its Certificate of Occupancy for the Project. 7.On or about September 29, 2017, in accordance with the Declaration of Covenants and the Enhancement Plan, Costco deposited with the City $137,576 to create a fund to pay the City’s expenses, when it assumes the role of Land Manager. 8.The purpose of this resolution is to establish a fund in the City budget and financial records to implement a funding mechanism as requiredby the Enhancement Plan and Declaration of Covenants. NOW, THEREFORE, BE IT RESOLVED as follows: 1.Creation of Fund. There is hereby created a fund in the City Budget, Financial Statements and Financial Software System known as the Riparian Corridor Buffer Enhancement Area 4 Long Term Financing Fund (“Fund”). Effective as of September 29, 2017, the City shall credit to the Fund the $137,576 received from Costco to establish the fund. 2. Revenue to Fund. Interest earned on money deposited into the Fund, retroactive to September 29, 2017, shall be credited to the Fund. The interest shall be the Fund’s proportionate share of the interest earned by the City on its invested surplus funds. The City may transfer or credit to the fund other amounts as maybe necessary for the City to comply with its obligations as Land Manager as set forth in Section 10 of the Enhancement Plan. 3. Purpose of Fund. The Fund shall be used exclusively to cover the City’s costs of performing its role as Land Manager. 4. Term of Fund. The Fund shall remain in effect in accordance with this Resolution as long as the City is required to perform as Land Manager, whether by use of its employees or through contract. PASSED AND ADOPTED this __th day of _____ 2018, by the following roll call vote. AYES: NOES: ABSENT: ABSTAIN: ________________________________ Kevin Doble, Mayor ATTEST: ______________________________ Kristine Lawler, City Clerk 5 Riparian Corridor Buffer Enhancement Plan Ukiah, Mendocino County, California Prepared for: Michael Okuma, NCARB COSTCO WHOLESALE 9 Corporate Park, Suite 230 Irvine, California 92606 Prepared by: October 2014 6 TABLE OF CONTENTS 1.0 INTRODUCTION ........................................................................................................... 1 1.1 Summary ....................................................................................................................................... 1 1.2 Objective ....................................................................................................................................... 1 1.3 Long Term Site Protection Instrument and Funding ..................................................................... 2 1.4 Responsible Parties ...................................................................................................................... 2 2.0 PLAN AREA BASELINE INFORMATION .......................................................................... 3 2.1 Location ......................................................................................................................................... 3 2.2 Land Use/Environmental Baseline ................................................................................................ 3 2.3 Precipitation, Growing Season, Hydrology ................................................................................... 4 2.4 Threatened / Endangered Species ............................................................................................... 4 3.0 MITIGATION FEASIBILITY ............................................................................................. 5 3.1 Rationale for Expecting Plan Success at the Selected Plan Area ................................................ 6 3.1.1 Watershed/Landscape Position ............................................................................................... 6 3.1.2 Soil Characteristics .................................................................................................................. 6 3.1.3 Hydrology Conditions .............................................................................................................. 6 3.1.4 Vegetation Conditions ............................................................................................................. 7 3.1.5 Ability to Implement Long-Term Protection and Management ................................................ 7 3.2 Is the Plan Appropriate and Practicable? ...................................................................................... 7 3.3 Feasibility ...................................................................................................................................... 8 4.0 WORK PLAN ................................................................................................................ 9 4.1 Construction Overview .................................................................................................................. 9 4.1.1 Planting Plan ........................................................................................................................... 9 4.2 Activities Prior to Construction ....................................................................................................10 4.2.1 Project Biologist Responsibilities ...........................................................................................11 4.3 Activities Following Construction................................................................................................. 11 4.3.1 ........................................................................................11 4.4 Schedule .....................................................................................................................................11 5.0 PERFORMANCE STANDARDS AND MONITORING PLAN .............................................. 12 5.1 Baseline Conditions ....................................................................................................................13 5.2 Years 1, 2, 3, 4 and 5 Performance Standards for Wetland Hydrology ......................................13 5.2.1 Contingency Measures ..........................................................................................................14 5.3 Years 3, 4, and 5 Performance Standard for Hydric Soils ..........................................................14 5.3.1 Contingency Measures ..........................................................................................................15 5.4 Years 1, 2, 3, 4, and 5 Performance Standards for Increase in Colonization of Wetland Vegetation ...............................................................................................................................................15 5.4.1 Contingency Measures ..........................................................................................................16 5.5 Years 1, 2, 3, 4, and 5 Performance Standards for increase in Vertical Biotic Structure within Upland Buffer Area ..................................................................................................................................16 5.6 Year 5 Long-Term Protection and Long-Term Funding ..............................................................17 5.6 Data Analysis ..............................................................................................................................18 5.7 Annual Review of Monitoring Procedures ...................................................................................18 6.0 MAINTENANCE PLAN INSPECTION AND ACTIONS ....................................................... 19 6.1 Overview .....................................................................................................................................19 6.2 Inspection and Maintenance Activities ........................................................................................19 6.2.1 Vandalism Inspections ..........................................................................................................19 6.2.2 Trash and Debris Inspections ................................................................................................19 6.2.3 Protective Wetland and Upland Buffer Area .........................................................................20 6.2.4 Sedimentation and Erosion Control Inspections ...................................................................20 6.2.5 Vegetation Management .......................................................................................................20 6.2.6 Inspections for Altered Hydrology Patterns ...........................................................................21 6.3 Record Keeping and Reporting ...................................................................................................21 6.4 Schedule .....................................................................................................................................21 7 © 2014 Huffman-Broadway Group, Inc. ii H:\\Costco Ukiah\\CDFW 1602\\CDFW Comment Ltrs\\Updated\\Attachment 1 CD\\2 Riparian Corridor Buffer Enhancement Plan\\Buffer Enhancement Plan 10-13-2014.doc 7.0 PROPOSED MONITORING REPORTS ........................................................................... 22 7.1 As-Built Report ............................................................................................................................22 7.2 Annual Reports............................................................................................................................22 8.0 ADAPTIVE MANAGEMENT PLAN ................................................................................ 24 8.1 Determining if Adaptive Management Action is Required ..........................................................24 8.2 Identification of Appropriate Measures .......................................................................................25 9.0 COMPLETION OF RESPONSIBILITIES ........................................................................... 26 9.1 Notification of Completion ...........................................................................................................26 9.2 RWQCB & CDFW Confirmation of Performance Standard Completion .....................................26 9.3 RWQCB and CDFW Confirmation of Long-Term Land Protection & Financing .........................26 10.0 LONG-TERM RESOURCES MANAGEMENT PLAN .......................................................... 27 10.1 Biological Monitoring and Management - Elements A.1-A.2 ......................................................27 10.1.1 Vegetation Monitoring Element A.1 ....................................................................................27 10.1.2 Sedimentation and Erosion Control Management Element A.2.........................................28 10.2 Site Security, Fuel Management & Mosquito Abatement Element B.1-B.3 .............................28 10.2.1 Site Security Element B.1 ...................................................................................................28 10.2.2 Mosquito Abatement Element B.2 ......................................................................................29 10.3 Annual Accounting and Management Report Element C.1 .....................................................29 10.4 Adaptive Management ................................................................................................................31 10.5 Financial Assurance ....................................................................................................................31 10.6 Responsible Parties ....................................................................................................................31 11.0 REFERENCES .............................................................................................................. 32 8 © 2014 Huffman-Broadway Group, Inc. iii H:\\Costco Ukiah\\CDFW 1602\\CDFW Comment Ltrs\\Updated\\Attachment 1 CD\\2 Riparian Corridor Buffer Enhancement Plan\\Buffer Enhancement Plan 10-13-2014.doc LIST OF TABLES Table 1 Upland Buffer Area Planting Plan Page 9 Table 2 Wetland Planting Plan Page 9 ATTACHMENT 1. Figures Figure 1 Vicinity Map Figure 2 USGS Topographic Map Figure 3 Aerial Photograph Figure 4 Riparian Corridor Buffer Plan Area ATTACHMENT 2. USACE JD Verification Map ATTACHMENT 3. Enhancement Area Landscape Plan ATTACHMENT 4. Maintenance Monitoring Field Form 9 © 2014 Huffman-Broadway Group, Inc. iv H:\\Costco Ukiah\\CDFW 1602\\CDFW Comment Ltrs\\Updated\\Attachment 1 CD\\2 Riparian Corridor Buffer Enhancement Plan\\Buffer Enhancement Plan 10-13-2014.doc ACRONYMS CDA Corps of Engineers Descriptive Approach CFR Code of Federal Regulation CDFW California Department of Fish and Wildlife EPA Environmental Protection Agency HBG Huffman-Broadway Group, Inc. HUC Hydrologic Unit Code LEDPA Least Environmentally Damaging Practicable Alternative MSL Mean Sea Level NGVD National Geographic Vertical Datum OHWM Ordinary High Water Mark RMS Resource Management Plan RWQCB Regional Water Quality Control Board, San Francisco Bay Region 2 USACE U.S. Army Corps of Engineers, San Francisco Regulatory Division USGS United States Geological Survey WOUS Waters of the US WOS Waters of the State : © 2014 Huffman-Broadway Group, Inc. v H:\\Costco Ukiah\\CDFW 1602\\CDFW Comment Ltrs\\Updated\\Attachment 1 CD\\2 Riparian Corridor Buffer Enhancement Plan\\Buffer Enhancement Plan 10-13-2014.doc DISTRIBUTION Ms. Kaete King North Coast Regional Water Quality Control Board 5550 Skylane Blvd. Suite A Santa Rosa, CA 95403 Mr. Wesley Stokes Environmental Scientist Northern Region California Department of Fish and Wildlife 1602 LSAA Program nd 619 2 St. Eureka, CA 95501 Mr. Michael Okuma NCARB 9 Corporate Park, Suite 230 Irvine, CA 92606 Charley Stump, Director Planning and Community Development City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 Mr. Adam Mahoney, PE, PLS Kier & Wright Civil Engineers & Land Surveyors, Inc. 2850 Collier Canyon Road Livermore, CA 94551 This report should be cited as: Huffman-Broadway Group, Inc., 2014. Riparian Corridor Buffer Enhancement Plan, Ukiah, Mendocino County, California, Corps File No. 24967S. October. 33 pp. plus attachments. Prepared for Michael Okuma. 21 © 2014 Huffman-Broadway Group, Inc. vi H:\\Costco Ukiah\\CDFW 1602\\CDFW Comment Ltrs\\Updated\\Attachment 1 CD\\2 Riparian Corridor Buffer Enhancement Plan\\Buffer Enhancement Plan 10-13-2014.doc 1.0 INTRODUCTION 1.1 Summary The Costco Wholesale Project (Project) includes the construction of a new 148,000 square-foot Costco Wholesale warehouse, fuel station, and parking lots on approximately 15.33 acres. The Project will not directly or indirectly impact waters of the State (WOS) or Waters of the U.S. (WOUS). All work required to implement the Project will occur outside of the stream channel, above the Ordinary High Water mark (OHWM), and outside of the riparian zone of the unnamed creek. As a requirement of authorization for the Project this Riparian Corridor Buffer Enhancement Plan (Plan) will be implemented. Implementation of this Plan will include establishing transitional habitat buffers (vertical biotic structure, created wetlands, topographic complexity etc.) between the Project and the riparian zone of the unnamed creek. Treated stormwater from the proposed Project would be discharged into one (1) stormwater outfall structure at the northern end of the created wetland buffer area approximately 250 feet from the unnamed creek. The stormwater would be detained in this area and would eventually sheet-flow into the unnamed creek. No stormwater will be directly discharged into the unnamed creek. This Plan has been prepared, in part, in accordance with the USACE Compensatory Mitigation for Losses of Aquatic Resources (33 CFR Part 332, April 10, 2008), specifically, the information requested in 33 CFR 332.4(c)(2) Mitigation and Monitoring Proposal Guidelines (December 30, 2004); and Corps Regulatory Guidance Letter 08-03, Minimum Monitoring Requirements for Compensatory Mitigation Projects Involving the Restoration, Establishment, and/or Enhancement of Aquatic Resources. 1.2 Objective The objective of this Plan is to enhance approximately 1.1 acres of the Riparian Corridor Buffer Enhancement Area (Plan Area) between the Project development and the OHWM of the unnamed creek to provide improved habitat values and water quality functions. To meet the objective, the Plan will include enhancing the vertical biotic structure by planting native trees, shrubs and grasses, and enhancing topographic complexity by introducing variations in topography, to include a wetland depressional area. 1 Enhancement of Riparian Corridor Buffer. Enhancement of the Plan Area will be accomplished as follows: Created Wetland Area: Ecotones within the created wetland area will be accomplished by (1) grading surface elevations to approximately 74 and 75 feet respectively to promote multiple ponding levels and flood storage; (2) constructing upland mounds 1 Enhancement - The manipulation of the physical, chemical, or biological characteristics of an aquatic resource to heighten, intensify, or improve a specific aquatic resource function(s). Enhancement results in the gain of selected aquatic resource function(s), but may also lead to a decline in other aquatic resource function(s). Enhancement does not result in a gain in aquatic resource area. (33 CFR § 332.2). 22 © 2014 Huffman-Broadway Group, Inc. 1 H:\\Costco Ukiah\\CDFW 1602\\CDFW Comment Ltrs\\Updated\\Attachment 1 CD\\2 Riparian Corridor Buffer Enhancement Plan\\Buffer Enhancement Plan 10-13-2014.doc within the wetland to act as refuge habitat during ponding or flooding events; and (3) grade the slope from the wetland to the upland at a 3:1 ratio to provide vegetation shifts between the wetland and upland area. Planting: Plant three vegetation strata levels to provide vertical biotic structure. Native grasses and juncus will be hydroseeded within the created wetland area and uplands. Native shrubs and trees will be planted along the upland edge of the created wetland area and the upland buffer area between the Project development and OHWM. Hydrology: Stormwater, treated to C3 standards, will be directed into the created wetland area before sheet flowing into the unnamed creek. By discharging the treated stormwater into the created wetland this will provide additional detention prior to entering the creek, additional recharging of ground water, and provide supplemental wetland hydrology to ensuring there will be a sufficient amount of water to support wetland vegetation, and hydric soil formation. Irrigation will be installed for a minimum of 5 years to ensure planted shrubs and trees survive the hot dry summers in Ukiah. Short-Term Monitoring: Monitor the created wetland area and planted upland buffer area for a minimum of 5 years to ensure performance standards are met. Adaptive Management Plan: Implement adaptive management actions in case enhancement efforts fail to meet the performance standards outlined in Section 5. 1.3 Long Term Site Protection Instrument and Funding As a condition of authorization for the Project the Regional Water Quality Control Board (RWQCB) and California Department of Fish and Wildlife (CDFW) require the Plan Area to be protected in perpetuity, with a real estate instrument, or other available mechanism, as appropriate and the real estate instrument, or other available mechanism, must, to the extent appropriate and possible, prohibit incompatible uses that might otherwise jeopardize the objectives of this Plan. order to meet this requirement. In addition, the RWQCB and CDFW require an appropriate long-term financing mechanism (e.g. non-wasting endowment, trusts, contractual arrangement etc.) to fund the Resource Management Plan, in perpetuity. Refer to Section 3.1.5 for more details. 1.4 Responsible Parties The following organizations and individuals are responsible for the successful implementation of this Plan: Permittee Project Biologist / Land Manager COSTCO WHOLESALE Huffman-Broadway Group, Inc. 9 Corporate Park, Suite 230 828 Mission Avenue Irvine, CA 92606 San Rafael, CA 94901 Contact: Michael Okuma, NCARB Contact: Terry Huffman, Ph.D. 714. 978.5023 415.925.2000 mokuma@northwestatlantic.com thuffman@h-bgroup.com 23 © 2014 Huffman-Broadway Group, Inc. 2 H:\\Costco Ukiah\\CDFW 1602\\CDFW Comment Ltrs\\Updated\\Attachment 1 CD\\2 Riparian Corridor Buffer Enhancement Plan\\Buffer Enhancement Plan 10-13-2014.doc 2.0 PLAN AREA BASELINE INFORMATION This section describes baseline conditions for the area which is the focus of this Plan, referred to throughout this document as the Plan Area. 2.1 Location The Plan Area is located in the upper Russian River Watershed in the Ukiah Valley, City of Ukiah, Mendocino County, California; and is situated between Highway 101 and Airport Park Boulevard near the Ukiah Municipal Airport. On the southwest edge of the site, is the unnamed creek and Plan Area which are the focus of this Plan. The approximately 1.1-acre Plan Area is along the south end of Airport Park Boulevard to the east, and the eastern boundary of U.S. 101, within the USGS Ukiah 7.5 min Quadrangle Map (1958; pr. 1975), and USGS Elledge Peak 7.5 min Quadrangle Map (1958; pr. 1975) (Figure 2). The latitude and longitude of the approximate center of the Plan Area are 39°7'28.24"N and 123°11'44.65"W, respectively. The Vicinity Map is shown on Figure 1, USGS Map on Figure 2, and an aerial is shown on Figure 3. 2.2 Land Use/Environmental Baseline Land use: The unnamed creek, below the OHWM, consists of an open water channel of varying widths and freshwater wetlands upstream of a historic dirt road crossing. A corrugated culvert extends through the dirt road crossing. The Russian River runs parallel to Highway 101 approximately 1000 feet east of the project site. The riparian corridor buffer area has historically been used for agriculture. During the early 1990s to 2005 it was graded, and compacted to form a construction pad with slopes between 1 to 2 percent and elevations ranging from 581 to 583 feet mean sea level (msl). A preliminary stormwater drainage system was installed which flows into the Caltrans drainage ditch and through three culverts into the unnamed creek. The Ukiah airport is located to the west. Environmental Baseline: Agriculture and urban development in the Plan Area has modified most of the native habitat and riparian corridor buffer. Prior to agricultural and urban development, the Ukiah Valley was dominated by oak woodland with patches of riparian areas (ESA 2013). Currently, the bank and top of the bank of the unnamed creek have very little vertical biotic structure. It is dominated by ruderal grassland with a few native and non-native trees established within the riparian zone. The area adjacent to the top of the bank is relatively flat with very little topographic variance, and no wetlands occur outside of the wetted channel of the unnamed creek. Refer to Attachment 2 USACE JD Verification Map for the USACE verified jurisdictional determination letter and map. 24 © 2014 Huffman-Broadway Group, Inc. 3 H:\\Costco Ukiah\\CDFW 1602\\CDFW Comment Ltrs\\Updated\\Attachment 1 CD\\2 Riparian Corridor Buffer Enhancement Plan\\Buffer Enhancement Plan 10-13-2014.doc 2.3 Precipitation, Growing Season, Hydrology The average annual rainfall is 38.90 inches, with average monthly rainfall exceeding 1.0 inch from October to May of each year (HBG 2014C). T probability of being 311 days long, occurring between February 2 and December 10 each year. Water at the Plan Area generally flows from north to south, eventually entering the Russian River via three culverts which discharge into the unnamed creek and one culver which discharges to the Caltrans flood control ditch. The Caltrans flood control ditch and rural and urban development upstream of the Plan Area discharges stormwater flow into the unnamed creek. 2.4 Threatened / Endangered Species Rare, endangered, or threatened species and critical habitat are protected by the Federal Endangered Species Act of 1973 (Title 16, U.S. Code, Sections 1531 et seq.). Plant Species No state or federally listed plant species or critical habitat would be affected by the Project. Animal Species No state or federally listed threatened or endangered animal species or critical habitat would be affected by the Project. 25 © 2014 Huffman-Broadway Group, Inc. 4 H:\\Costco Ukiah\\CDFW 1602\\CDFW Comment Ltrs\\Updated\\Attachment 1 CD\\2 Riparian Corridor Buffer Enhancement Plan\\Buffer Enhancement Plan 10-13-2014.doc 3.0 MITIGATION FEASIBILITY The objectives of this Plan are to enhance approximately 1.1 acre Plan Area between the Project and the OHWM of the unnamed creek to provide improved habitat values and water quality functions. The goal is to manage the Plan Area as a natural, vegetated buffer area with minimum human management in order to meet the objectives of this Plan as outlined in Section 1.2. Enhancement activities will include planting trees, shrubs and grasses, gradingto provide topographic complexity, grading to provide approximately 0.1-0.2 acre of seasonal wetlands, and preserved in perpetuity. The following sections: (1) describe the rationale for expecting the Plan can be accomplished successfully at the Plan Area; and (2) provide a determination as to whether the Plan provides "appropriate and practicable" measures to augment Mitigation Measure 3.6.4 outlined in the Section 5 Mitigation Monitoring and Reporting Plan of the November 2013 Final Environmental Impact Report: Measure 3.6.4: The Applicant shall prepare and submit to the City engineer and the North Coast Regional Water Quality Control Board for approval a Final Drainage Plan. The Final Drainage Plan shall include design/plan level depiction of the proposed stormwater drainage facilities on site, including the proposed storm drainage system, vegetated swales, and water quality features. The following measures shall be implemented within the Final Drainage Plan, based on modeled runoff volumes and flow rates specific to with-Project conditions: that there would be no net increase in project condition downstream peak flows; and/or, with respect to the additional impervious surface area proposed for the project, the \[applicant\] shall design and implement volume and/or flowbased Treatment Control Best Management Practices (BMPs) as defined in Attachment 4 (pages 5-6) of the State Water Resources Control Board (SWRCB) small municipal separate storm sewer systems (MS4s) General Pennit (Small MS4 General Permit) (SWRCB Order 2003-0005-DWQ). features if such features are not necessary to satisfy the above requirements. specifications with respect to these required mitigation measures shall be submitted to the City of Ukiah and the North Coast Regional Water Quality Control Board. 26 © 2014 Huffman-Broadway Group, Inc. 5 H:\\Costco Ukiah\\CDFW 1602\\CDFW Comment Ltrs\\Updated\\Attachment 1 CD\\2 Riparian Corridor Buffer Enhancement Plan\\Buffer Enhancement Plan 10-13-2014.doc -of-way (U.S. 101), may require an encroachment permit, and shall be submitted to the California Department of Transportation. 3.1 Rationale for Expecting Plan Success at the Selected Plan Area The subsections below describe the rationale for expecting that the Plan can be accomplished successfully. Implementation of this Plan is designed to result in the enhancement of the existing riparian corridor buffer area. The following factors were considered in selecting the Plan Area: watershed/landscape position; soil characteristics, hydrology condition and source, vegetation conditions, and the ability to provide long-term protection and management. 3.1.1 Watershed/Landscape Position The Plan Area was chosen based on its location within the same watershed as the Project, and being adjacent to and abutting the unnamed creek. Additionally, the Plan Area was chosen based on the ability to provide an adequate watershed to buffer and hydrologically support the established wetland habitat. The Plan Area allows for the proposed established wetland tobe positioned and integrated into the unnamed creek and to provide some flood capacity. Although direct precipitation and the created micro watershed is sufficient to support wetland hydrology and hydrophytic plans, the design will incorporate treated stormwater from the adjacent Project. 3.1.2 Soil Characteristics With proper grading the wetland buffer area should retain direct precipitation for a period and duration long enough to support hydrophytic plants and wetland hydrology and to form hydric soils. Soil within the upland buffer areas are a loamy soil with fill material. With proper grading and the addition of topsoil and mulch, the planted trees, shrubs and grasses should have a good survival rate. 3.1.3 Hydrology Conditions With the proper grading, soil characteristics, landscape position, direct precipitation and surface flow from adjacent uplands will be sufficient to seasonally inundate or saturate soils at the surface to a frequency and duration that will provide adequate wetland hydrology to allow for successful establishment of palustrine emergent wetlands within the wetland buffer area. Although direct precipitation and the existing local watershed are sufficient to support wetland hydrology and hydrophytic plants, the design will incorporate treated stormwater from the adjacent commercial development. The landscape architects have recommended installation of a drip system to supply supplemental water to the trees and shrubs due to dry summer conditions in the Ukiah area. The drip system will remain during the 5 year monitoring period. Once the monitoring period has ended the landscape architect will determine if the drip system should continue or be fully or partially discontinued. 27 © 2014 Huffman-Broadway Group, Inc. 6 H:\\Costco Ukiah\\CDFW 1602\\CDFW Comment Ltrs\\Updated\\Attachment 1 CD\\2 Riparian Corridor Buffer Enhancement Plan\\Buffer Enhancement Plan 10-13-2014.doc 3.1.4 Vegetation Conditions The area planned for establishment of a palustrine emergent wetland is currently dominated by upland grasses. Establishment of wetland vegetation will be accomplished by grading the wetland buffer area to retain water, and by planting wetland vegetation to augment the natural processes. Based on the existing soil characteristics, watershed area, and implementation of the planting plan, it is anticipated that colonization of a diverse hydrophytic plant species composition and vegetation strata will begin to evolve naturally over time and progress quickly toward meeting the performance standards. The area designated as the upland buffer area is disked, contains fill material and compacted soils. Therefore, plant diversity is very low and vegetation cover is sparse. Enhancement of the upland buffer area will be accomplished by grading to integrate the upland area with the wetland buffer area and existing top of the bank of the unnamed creek. Native grasses, shrubs and trees will be planted within the upland buffer area to augment the natural processes. Based on the existing soil characteristics, watershed area, and planting plan, it is anticipated that colonization of a diverse plant species composition and vertical biotic strata will progress quickly toward the performance standards, will provide ecotones, and will enhance the aquatic resource functions associated with the unnamed creek. 3.1.5 Ability to Implement Long-Term Protection and Management The Permittee has legal interest and control of the Plan Area and has agreed to transfer the area to the City of Ukiah to preserve the Plan Area in perpetuity as Open Space. Funding to protect and manage the Plan Area in perpetuity would be in the form of an appropriate long- term financing mechanism (e.g. non-wasting endowment, trusts, contractual arrangement etc.). The long-term financing mechanism chosen will be submitted to the RWQCB and CDFW for review and approval. This funding requirement is conditioned in this Plan as a Performance Standard for Year 5 (refer to Section 5.6). Thmitigation obligation will not be deemed complete and financial responsibility of managing the Plan Area will continue to be the responsibility of the Permittee until: 1. the Performance Standards outlined in Section 5 have been achieved; 2. The RWQCB and CDFW acknowledge the Performance Standards have been achieved and appropriate site protection and long-term financing mechanism, approved by the RWQCB and CDFW, has been secured. Acknowledgement can be in the form of an email, or formal letter. The approximate 1.1 acre Plan Area boundary is shown on Figure 4. Variations of the boundary that will be protected in perpetuity may be slightly modified once the legal description is defined and agreements with the City of Ukiah are finalized. 3.2 Is the Plan Appropriate and Practicable? The Plan is at a minimum appropriate considering existing mitigation measures that will be implemented as a requirement of those required in the November 2013 Final Environmental 28 © 2014 Huffman-Broadway Group, Inc. 7 H:\\Costco Ukiah\\CDFW 1602\\CDFW Comment Ltrs\\Updated\\Attachment 1 CD\\2 Riparian Corridor Buffer Enhancement Plan\\Buffer Enhancement Plan 10-13-2014.doc Impact Report. Additionally, the Plan is, at a minimum, appropriate considering the avoidance measures implemented by the Project, current degraded condition of the upland buffer area adjacent to the unnamed creek, and the ability to provide long-term land use protection and funding. Logistically, the Plan Area is easily accessible and available to the Permittee. These factors, combined with the relatively flat terrain, allow for the use of standard construction methods with a minimum of logistical or technological constraints, allowing for costs to be within a reasonable range for this type of construction and allowing for the likelihood of ecological success. 3.3 Feasibility On the basis of the above analysis, it was determined that the proposed Plan can be accomplished successfully and meet the objective outlined in Section 1.2. 29 © 2014 Huffman-Broadway Group, Inc. 8 H:\\Costco Ukiah\\CDFW 1602\\CDFW Comment Ltrs\\Updated\\Attachment 1 CD\\2 Riparian Corridor Buffer Enhancement Plan\\Buffer Enhancement Plan 10-13-2014.doc 4.0 WORK PLAN This section describes the construction method for implementing the Plan. 4.1 Construction Overview Wetland Buffer Area: The wetland buffer area will be constructed and integrated within the upland buffer area and unnamed creek as shown on Figure 4. To establish a minimum of 0.1 -acre of palustrine emergent wetland, and to provide a variance in ponding depth the surface area will be lowered to 75 and 74 feet respectively. Within the wetland buffer area two (2) islands will be constructed to approximately 76 feet or 6-12 inches above the wetland. Approximately 6 inches of topsoil will be graded within the wetland buffer area to provide a good soil base for the planted wetland vegetation. Once the commercial development is constructed stormwater, treated to C3 standards, will be discharged into the established wetland buffer area through one outfall structure. Where the wetland integrates with the unnamed creek, rock will be keyed into the slope to prevent erosion during high flows when water may back- flow into the wetland buffer area. Refer to Attachment 1 Figures, Figure 4 for the grading plan and general site plan and Attachment 3 for the landscape plan. Upland Buffer Area: The upland buffer area will be graded to integrate with the top of the bank of the unnamed creek. The transition between the wetland buffer area and upland buffer area will be graded to a 3:1 slope to provide a broad transition from wetlands and uplands. An irrigation system will be installed to support the trees and shrubs planted within the Plan Area. 4.1.1 Planting Plan Once grading of the Plan Area is complete the wetland and upland buffer areas will be vegetated. Establishing vegetation within the Plan Area will be accomplished using a combination of seeding, cuttings, and various size boxed plants supported, in part, with an irrigation system. The drip system will remain during the 5 year monitoring period. Once the monitoring period has ended the landscape architect will determine if the drip system should continue or be fully or partially discontinued. In general, the planting plan for the upland buffer area will include Valley oaks along the top of the creek bank, California rose as understory, and purple needle grass seeded throughout the area. Around the edge of the wetland buffer area California brome and Purple needle grass will be planted within the grass strata and California rose in the shrub strata. In addition a combination of and Arroyo willow will act as a shrub/tree layer along with Valley oaks. Interior live oaks and California rose will be planted along a narrow strip of buffer near the entrance. Refer to Attachment 3 for the number and location of plantings within the upland buffer area and wetland. 2: © 2014 Huffman-Broadway Group, Inc. 9 H:\\Costco Ukiah\\CDFW 1602\\CDFW Comment Ltrs\\Updated\\Attachment 1 CD\\2 Riparian Corridor Buffer Enhancement Plan\\Buffer Enhancement Plan 10-13-2014.doc Table 1. Upland Buffer Area Planting Plan Plant Seedling Common Name Scientific Name Approximate # of Plants 2 Size Seedlings to be Planted 3 Trees Valley Oak Quercus lobata, 23 Interior Live Oak Quercus wislizeni 4 Arroyo willow Salix lasiolepsis Root cuttings 14 willow Salix scouleriana Root cuttings 26 Shrubs California wild rose Rosa Californica 1 gallon 94 Grasses Purple needle grass Nassella pulchra plugs California brome Bromus carinotus seeded 0.25 lbs per acre Table 2. Wetland Buffer Area Planting Plan Plant Common Name Scientific Name Seedling # of Plants Size Seedlings to be Planted Grasses Hordeum Meadow barley seeded 0.5 lbs per acre brachyantherum Juncus Gray rush Juncus patens plugs 4.2 Activities Prior to Construction This section describes activities to be accomplished by the Project Biologist and the Construction Manager prior to construction. 2 Plant sizes vary depending upon propagule type in container. Plant sizes are recommendations but may be modified depending on availability. 3 Salix lasiolepsis and Salix scouleriana fall into the category as a tree or shrub depending on growth patterns. 31 © 2014 Huffman-Broadway Group, Inc. 10 H:\\Costco Ukiah\\CDFW 1602\\CDFW Comment Ltrs\\Updated\\Attachment 1 CD\\2 Riparian Corridor Buffer Enhancement Plan\\Buffer Enhancement Plan 10-13-2014.doc 4.2.1 Project Biologist Responsibilities Prior to site mobilization and construction, the Project Biologist will be responsible for the following activities: Pre-construction Nesting Bird Survey. Prior to site construction within the Plan Area a nesting bird survey will be conducted. A no work zone buffer, up to a 250-foot radius, will be placed around nesting birds found within the Plan Area and a no work zone buffer, up to a 500-foot radius, will be placed around any nesting raptors. All trees that will not be removed will be clearly marked with construction fencing, stakes, or flags to avoid impacting during construction. The Project Biologist will determine on a case-by- case basis the extent and location of fencing placed around an active bird nest. Photo Point Designation. Designate permanent monitoring photo points using a GPS. Environmental Sensitivity Training. Conduct environmental sensitivity training for all contractor and subcontractor staff who will be onsite to ensure that the protective measures specified in this Plan and permit conditions are adhered to during construction. No contractor or subcontractor personnel, including the engineer, construction site manager, grade checker, vehicle and equipment operators, and laborers, will be allowed to work within the Plan Area unless they have received site- specific environmental sensitivity training. The training will include discussion of mitigation objectives; Plan Area map orientation; and description of protective measures for listed species, trees, sediment and erosion control, and actions to take in case an inadvertent impact to a wetland or listed species occurs. 4.3 Activities Following Construction 4.3.1 Project Biologist Review As-Built Drawing. Within 15 days following receipt of the as-built report from the Construction Manager, the Project Biologist will review the as built report drawing and coordinate with the Construction Manager if corrections need to be made. As-Built Report. Within 90 days following completion of construction and implementation of the planting plan, the Project Biologist will submit a report to the RWQCB and CDFW outlining the actual number and species of plants installed, and any deviations from the original plan. The report will also include pre- and post- construction photographs. 4.4 Schedule Plan Area construction / implementation will begin prior to or concurrent with implementation of the Project. 32 © 2014 Huffman-Broadway Group, Inc. 11 H:\\Costco Ukiah\\CDFW 1602\\CDFW Comment Ltrs\\Updated\\Attachment 1 CD\\2 Riparian Corridor Buffer Enhancement Plan\\Buffer Enhancement Plan 10-13-2014.doc 5.0 PERFORMANCE STANDARDS AND MONITORING PLAN This section presents the mitigation performance standards and monitoring methods for evaluating conformance with these standards. The Compensatory Mitigation Rule (33 CFR Part 332) define observable or measurable physical (including hydrological), chemical and/or biological attributes that are used to determine if a compensatory mitigation project meets its objectives Performance standards should relate to the objectives of the compensatory mitigation project, so that the project can be objectively evaluated to determine if it is developing into the desired resource type, providing the expected functions, and attaining any other applicable metrics (e.g., acres). (33 CFR 332.5(a)). The Compensatory Mitigation Rule requires monitoring over a minimum 5-year period in order to track progress toward meeting the performance standards and to determine if measures are necessary to ensure that the mitigation project is meeting its objectives. The USACE requires that a qualified biologist (Project Biologist) conduct a minimum of five years of monitoring by using the methods described in Section 5.0, recommend any necessary actions to remedy problems and prepare annual reports. The objective of mitigation monitoring is to track progress toward meeting the Plan objectives as described in Section 1.2. Monitoring is designed to evaluate the achievement of various desired habitat characteristics which include: Achievement of desired hydrologic conditions of the aquatic resource being established; Achievement of desired hydric soil characteristic of the aquatic resource being established; Establishment of naturalized and native plant species within the buffer areas; Establishment of vegetation strata within upland buffer area; and Development of areas meeting the USACE technical criteria for wetlands. The performance standards are designed to determine if the mitigation objectives are being achieved and provide a means to identify and remedy problems that would hinder achievement of the mitigation objectives. This will be accomplished by collecting and analyzing data to determine if the performance standards are being achieved and whether corrective actions need to be taken or an adaptive management strategy for unanticipated problems needs to be developed as described in Section 8.0. Performance standards for the final year of monitoring should be met during a normal rainfall year. For the 33 © 2014 Huffman-Broadway Group, Inc. 12 H:\\Costco Ukiah\\CDFW 1602\\CDFW Comment Ltrs\\Updated\\Attachment 1 CD\\2 Riparian Corridor Buffer Enhancement Plan\\Buffer Enhancement Plan 10-13-2014.doc 4 (WETS analysis ) to assess whether rainfall periods fell within the normal range of precipitation based on long-term records. If rainfall is not within the normal range and the wetland performance standards were not met, monitoring will continue for an additional year or until a normal rainfall year occurs. 5.1 Baseline Conditions Agriculture and urban development in the Plan Area has modified most of the native habitat and riparian corridor buffer. Currently, the bank and top of the bank of the unnamed creek have very little vertical biotic structure. It is dominated by ruderal grassland with a few native and non-native trees established within the riparian zone. The area adjacent to the top of the bank is relatively flat with very little topographic variance, and no wetlands occur outside of the wetted channel of the unnamed creek. Refer to Attachment 2 USACE JD Verification Map for the USACE verified jurisdictional determination letter and map. Baseline conditions for wetland hydrology, hydric soils, and establishment of wetland vegetation is zero acres. Baseline conditions for absolute cover of vegetation will be considered zero since site preparation for installation of irrigation, creating topography, and preparation of replanting will remove the majority of ruderal grasses within the buffer areas. The number of trees and shrubs that will be planted in the upland buffer area is shown Table 1. That number is an approximation and may vary slightly depending on site conditions and availability. Once implementation of this Plan is complete Table 1 will be revised and will constitute the baseline condition for determining plant survival percentages. 5.2 Years 1, 2, 3, 4 and 5 Performance Standards for Wetland Hydrology Each year wetland hydrology will be measured within the wetland buffer area during the winter when surface and/or subsurface hydrology would be observable. In addition, wetland hydrologic indicators will be recorded each spring during the vegetation monitoring period as described in Section 5.3. Hydrology data will be recorded on the Western Mountains, Valleys, and Coast Region Wetland Determination Data Forms and photographs will be taken at permanent photo point locations. Performance Standards for each monitoring year are listed below. Year 1: Performance standard would be met for Year 1 if: 4 -Table Monitoring of Potential Wetland -TN-WRAP-05-2), U.S. Army Engineer Research and Development Center, Vicksburg, MS. 34 © 2014 Huffman-Broadway Group, Inc. 13 H:\\Costco Ukiah\\CDFW 1602\\CDFW Comment Ltrs\\Updated\\Attachment 1 CD\\2 Riparian Corridor Buffer Enhancement Plan\\Buffer Enhancement Plan 10-13-2014.doc (1) At least 0.05 acre of the wetland buffer area exhibits at least one primary or two secondary wetland hydrology indicators listed in the Western Mountains, Valleys, and Coast Region Wetland Determination Data Forms. Year 2 & 3: Performance standard would be met for Year 2 & 3 if: (1) At least 0.08 acre of the wetland buffer area exhibits at least one primary or two secondary wetland hydrology indicators listed in the Western Mountains, Valleys, and Coast Region Wetland Determination Data Forms. Years 4 & 5: Performance standard would be met for Years 4 & 5 if: (1) At least 0.1 acre of the wetland buffer area exhibits at least one primary or two secondary wetland hydrology indicators listed in the Western Mountains, Valleys, and Coast Region Wetland Determination Data Forms. 5.2.1 Contingency Measures If an the annual performance standard is not being met for any given monitoring the Permittee shall prepare an analysis of the cause(s) of failure and, if determined necessary, implement remedial action. If the Plan Area maintenance and monitoring obligations continue until the RWQCB and CDFW gives final project confirmation. Remedial action may include re-grading to achieve a more concave topography to promote wetland hydrology. 5.3 Years 3, 4, and 5 Performance Standard for Hydric Soils Each year during the spring or early summer soil characteristics (i.e., color, texture etc,) will be measured by conducting a site visit and recording hydric soil indicators observed. Soil data will be recorded on the Western Mountains, Valleys, and Coast Region Wetland Determination Data Forms. Performance Standards for each monitoring year are listed below. Year 3: Performance standard would be met for Year 3 if: (1) At least 0.08 acre of the wetland buffer area exhibits hydric soil indicators listed in the Western Mountains, Valleys, and Coast Region Wetland Determination Data Forms and/or exhibit an Years 4 & 5: Performance standard would be met for Years 4 & 5 if: 35 © 2014 Huffman-Broadway Group, Inc. 14 H:\\Costco Ukiah\\CDFW 1602\\CDFW Comment Ltrs\\Updated\\Attachment 1 CD\\2 Riparian Corridor Buffer Enhancement Plan\\Buffer Enhancement Plan 10-13-2014.doc (1) At least 0.1 acre of the wetland buffer area exhibits hydric soil indicators listed in the Western Mountains, Valleys, and Coast Region Wetland Determination Data Forms and/or exhibit an aquic or peraquic moisture regime (i.e., inundation and/or soil saturation for 14 continuous days). 5.3.1 Contingency Measures If the annual performance standard is not being met for any given monitoring year the Permittee shall prepare an analysis of the cause(s) of failure and, if determined necessary, implement remedial action. If the Plan Area has not met the performance standard, the RWQCB and CDFW give final project confirmation. Remedial action may include re-grading to achieve wetland hydrology which will improve hydric soil formation. 5.4 Years 1, 2, 3, 4, and 5 Performance Standards for Increase in Colonization of Wetland Vegetation Each year during the spring or early summer wetland vegetation cover will be measured by conducting a site visit and recording absolute cover and dominant plant species observed within the wetland buffer area. A minimum of 4 data points will be taken along the wetland buffer area boundary (2 in and 2 out). Vegetation data will be recorded on the Western Mountains, Valleys, and Coast Region Wetland Determination Data Forms and photographs will be taken at permanent photo point locations. The colonization of wetland vegetation will be measured by determining overall absolute plant cover values each year compared to baseline conditions. This will be accomplished by measuring absolute cover values within a 5 foot radius sample plot at each data point. The total average absolute cover of wetland vegetation will be determined by totaling the absolute percent cover for each data point within the wetland buffer area and dividing the total by the number of data points within the wetland buffer area (minimum of 2 data points). Performance Standards for each monitoring year are listed below. Year 1: Performance standard would be met for Year 1 if: the total established wetland is equal to or greater than 0.05 acre; and the average absolute cover of wetland vegetation within the 0.05 acre wetland is 10% or greater. Year 2: Performance standard would be met for Year 2 if: the total established wetland is equal to or greater than 0.08 acre; and 36 © 2014 Huffman-Broadway Group, Inc. 15 H:\\Costco Ukiah\\CDFW 1602\\CDFW Comment Ltrs\\Updated\\Attachment 1 CD\\2 Riparian Corridor Buffer Enhancement Plan\\Buffer Enhancement Plan 10-13-2014.doc the average absolute cover of wetland vegetation within the 0.08 acre wetland is 20% or greater. Year 3: Performance standard would be met for Year 3 if: the total established wetland is equal to or greater than 0.08 acre; and the average absolute cover of wetland vegetation within the 0.08 acre wetland is 30% or greater. Year 4: Performance standard would be met for Year 4 if: the total established wetland is equal to or greater than 0.1; and the average absolute cover of wetland vegetation within the 0.1 acre wetland is 40% or greater. Year 5: Performance standard would be met for Year 5 if: the total established wetland is equal to or greater than 0.1; and the average absolute cover of wetland vegetation within the 0.1 acre wetland is 50% or greater. 5.4.1 Contingency Measures If the annual performance standard is not being met for any given monitoring year the Permittee shall prepare an analysis of the cause(s) of failure and, if determined necessary, implement remedial action. If the Plan Area has not met the performance standard, the maintenance and monitoring obligations continue until the RWQCB and CDFW gives final project confirmation. Remedial action may include re-planting or re-seeding wetland vegetation, or addition of supplemental top soil to promote growth. 5.5 Years 1, 2, 3, 4, and 5 Performance Standards for increase in Vertical Biotic Structure within Upland Buffer Area Each year vegetation cover will be measured within the upland buffer area by conducting a site visit and recording absolute vegetation cover for each vegetation strata (i.e. herbaceous, shrubs, trees) and dominant plant species observed. Three data points will be taken along the upland buffer area using a 30 foot radius plot. Vegetation data will be recorded on the Western Mountains, Valleys, and Coast Region Wetland Determination Data Forms and photographs will be taken at permanent photo point locations. In addition, survival of shrubs and trees planted within each fixed radius plot will be recorded. Performance standard for increase in vertical biotic structure would be considered successful once a measurable vertical 37 © 2014 Huffman-Broadway Group, Inc. 16 H:\\Costco Ukiah\\CDFW 1602\\CDFW Comment Ltrs\\Updated\\Attachment 1 CD\\2 Riparian Corridor Buffer Enhancement Plan\\Buffer Enhancement Plan 10-13-2014.doc biotic cover is occurring within the upland buffer area and the survival rate of the planted shrubs and trees has stabilized over time and is at a minimum 60% survival rate. The 30 foot radius plots will be in fixed locations to capture the development of a tree, shrub, grass strata and how it develops over time. Year 1: Performance standard would be met for Year 1 if: absolute cover of all vegetation within the fixed sample plots average 10% or greater; and survival rate of trees and shrubs within the fixed sample plots average 75% or greater. Year 2: Performance standard would be met for Year 2 if: absolute cover of vegetation within each sample plot averages 40% or greater within the herbaceous strata; 20% or greater within the shrub strata; 10% or greater within the tree strata; and survival rate of trees and shrubs within the fixed sample plots average 70% or greater. Year 3: Performance standard would be met for Year 3 if: absolute cover of vegetation within each sample plot averages 50% or greater within the herbaceous strata; 30% or greater within the shrub strata; 10% or greater within the tree strata; and survival rate of trees and shrubs within the fixed sample plots average 70% or greater. Year 4 & 5: Performance standard would be met for Years 4 & 5 if: absolute cover of vegetation within each sample plot averages 60% or greater within the herbaceous strata; 30% or greater within the shrub strata; 10% or greater within the tree strata; and survival rate of trees and shrubs within the fixed sample plots average 60% or greater. 5.6 Year 5 Long-Term Protection and Long-Term Funding Performance standard would be met for Year 5 once: 38 © 2014 Huffman-Broadway Group, Inc. 17 H:\\Costco Ukiah\\CDFW 1602\\CDFW Comment Ltrs\\Updated\\Attachment 1 CD\\2 Riparian Corridor Buffer Enhancement Plan\\Buffer Enhancement Plan 10-13-2014.doc (1) the Open Space land protection mechanism has been approved by the RWQCB and CDFW and the Plan area has been rezoned as Open Space or protected by another approved real estate instrument or other available mechanism, as appropriate; and (2) a long-term financing mechanism (e.g. non-wasting endowment, trusts, contractual arrangement etc.) to fund implementation of the Resource Management Plan has been approved by the RWQCB and CDFW and the funding has been secured. 5.6 Data Analysis Annual results will document change(s) from previous monitoring years. Analysis for comparative change in attainment of the performance standards will be conducted using field observation and GPS location data. Features include: 1. Sample and Photographic Point Locations; 2. Area of technical criteria for jurisdictional wetlands; 3. Upland buffer area meeting or failing the vegetation criteria; 5.7 Annual Review of Monitoring Procedures The Project Biologist will review the protocol and results of the monitoring program annually. Adjustments to monitoring procedures may be required as the site changes over time, or if logistical problems render a procedure unduly difficult to conduct. Such adjustments will be reported to the RWQCB and CDFW. Agency suggestions for adjusting the monitoring program will be reviewed and if appropriate will be incorporated into the following year's monitoring program. 39 © 2014 Huffman-Broadway Group, Inc. 18 H:\\Costco Ukiah\\CDFW 1602\\CDFW Comment Ltrs\\Updated\\Attachment 1 CD\\2 Riparian Corridor Buffer Enhancement Plan\\Buffer Enhancement Plan 10-13-2014.doc 6.0 MAINTENANCE PLAN INSPECTION AND ACTIONS This section details Plan Area maintenance inspection and activities to insure achievement of the performance standards described in Section 5.0 following Plan implementation. Inspections will be conducted semiannually (Winter & Spring/early Summer) during the 5-Year monitoring period. 6.1 Overview The Project Biologist will implement a 5-Year maintenance program to ensure that the objectives of the Plan are achieved. Activities will include management inspections and, if necessary, maintenance of the established wetlands and upland buffer area. Inspection activities are described in detail below in Section 6.2. During management inspections, the Project Biologists are to: Look for potential problems that could prevent achievement of the objectives of the Plan; Ensure that appropriate corrective actions, if necessary, are undertaken; Photo-document site conditions, to include annual site photographs and a record of any problems identified; and Record management inspection observations and a description of any maintenance undertaken on the Maintenance Monitoring Field Data Form (Attachment 4) to be submitted as part of the annual monitoring report. Any problems discovered will be photo-documented during each monitoring inspection. In addition, during the management inspection period, site photographs will be taken from the permanent photo points and directions of view identified during construction (see Implementation Plan). Photo locations will be memorialized using the GPS, and orientation of view of photos recorded. 6.2 Inspection and Maintenance Activities 6.2.1 Vandalism Inspections Maintenance visits will include inspection for any evidence of vandalism, off-road vehicle use, presence of litter, human foot traffic, and runoff water entering the property. Disturbances will be recorded along with remedial action being taken (e.g., removed garbage, installation of signs etc.). The Plan Area will be inspected semiannually for signs of vandalism. 6.2.2 Trash and Debris Inspections The Plan Area will be inspected for trash and any accumulated trash or litter will be removed. Trash will be disposed of at an appropriate county-approved disposal location. 3: © 2014 Huffman-Broadway Group, Inc. 19 H:\\Costco Ukiah\\CDFW 1602\\CDFW Comment Ltrs\\Updated\\Attachment 1 CD\\2 Riparian Corridor Buffer Enhancement Plan\\Buffer Enhancement Plan 10-13-2014.doc The Plan Area will be inspected semiannually for signs of trash and debris. 6.2.3 Protective Wetland and Upland Buffer Area The boundaries of the Plan Area will be inspected periodically for signs of encroachment. If necessary, appropriate actions will be taken with the assistance of the County or law enforcement. The Plan Area will be inspected semiannually for signs of encroachment. 6.2.4 Sedimentation and Erosion Control Inspections The Plan Area will be inspected for signs of erosion and accumulated sediment blocking flow. If it is determined that erosion is occurring and may be detrimental to the success of the mitigation, measures will be taken, where feasible, to divert or slow runoff prior to taking remedial actions. Appropriate erosion control actions will also be taken, such as stabilizing the bare ground area with sterile straw mulch, or other appropriate measures, as necessary. The Plan Area will be inspected semiannually for signs of sedimentation and erosion. 6.2.5 Vegetation Management Recognizing that both native and nonnative plant species commonly occur within the surrounding area and both do provide functions for water quality and species habitat, the primary goal of this plan is eliminate or minimize the presence of non-native invasive plants High Vegetation management methods may include mowing and controlled herbicide application. These actions will be monitored and supervised by the Project Biologist. As necessary, changes or adaptations to how these methods are applied will be made in order to improve control of target species. The Plan Area will be inspected semiannually for signs of exotic vegetation growth that has the potential of gaining a competitive advantage over native and naturalized plants common to the Plan Area. Mowing Periodic mowing and herbicide treatments may be required to eliminate or control non-native invasive plants. Controlled Herbicide Use Herbicide application is allowable, but only to control small, localized exotic nonnative annual species problem areas. Application of herbicides will be accomplished in accordance with the following standards: Herbicides will be used only by a licensed applicator. Spraying will be conducted under the direction of the Project Biologist. 41 © 2014 Huffman-Broadway Group, Inc. 20 H:\\Costco Ukiah\\CDFW 1602\\CDFW Comment Ltrs\\Updated\\Attachment 1 CD\\2 Riparian Corridor Buffer Enhancement Plan\\Buffer Enhancement Plan 10-13-2014.doc Nonnative plants will only be sprayed using an EPA-approved post-emergent glyphosate herbicide such as Rodeo. No herbicides will be used within the wetlands. Thresholds for taking management action to include mowing and herbicide action will be determined on a case-by-case basis depending on the plant species and locations. 6.2.6 Inspections for Altered Hydrology Patterns Essential to long-term preservation of the established wetland buffer area and upland buffer area is maintaining design site hydrologic conditions. These hydrologic conditions include flooding, ponding, and soil saturation. The Plan Area will be inspected semiannually for signs of altered hydrology that has the potential for adversely affecting the buffer areas. 6.3 Record Keeping and Reporting Documentation of all inspection and maintenance management activities will be required during the 5-year monitoring period. A record of maintenance activities by date will be submitted yearly to the RWQCB and CDFW as part of the annual monitoring report. All annual reports will include information on the frequency and dates of observations, site photographs, locations of permanent photo points and direction of view, what was observed, maintenance activities, a summary of repairs, and any recommended follow-up maintenance actions that may be required. Annual report preparation is discussed in Section 7.0. 6.4 Schedule The Plan Area will be maintained for a minimum 5-year period or until performance standards are met. Monitoring inspections and maintenance activities will commence subsequent to the completion of mitigation construction implementation. 42 © 2014 Huffman-Broadway Group, Inc. 21 H:\\Costco Ukiah\\CDFW 1602\\CDFW Comment Ltrs\\Updated\\Attachment 1 CD\\2 Riparian Corridor Buffer Enhancement Plan\\Buffer Enhancement Plan 10-13-2014.doc 7.0 PROPOSED MONITORING REPORTS 7.1 As-Built Report Within 60 days after the Plan Area construction is complete, the Construction Manager/Contractor will prepare a post-construction as-built drawing, if different from proposed Plan, which will include any major deviations in grading and the location, number, and species of plants installed. Within 90 days following completion of site construction, the Project Biologist shall submit an as-built report to the RWQCB and CDFW. A narrative description of construction activities, paying particular attention to any adjustments to the final grading and planting plan will be included. The plant list will be used as the baseline for plant survival performance standards. 7.2 Annual Reports Monitoring reports prepared by the Project Biologist will be submitted on an annual basis by th December 15 of each monitoring year 1 4 and a final report in the fifth (5) year of monitoring. The first annual report will be submitted following the first full year of monitoring. These reports will provide technical findings as to the attainment of performance standards and/or progress toward achievement of final success. As described in USACE Regulatory Guidance Letter 08-03, Minimum Monitoring Requirements for Compensatory Mitigation Projects Involving the Restoration, Establishment, and/or Enhancement of Aquatic Resources, each report will generally include the following: Monitoring Report Narrative Template: 1.0 Executive Summary 2.0 Introduction 2.1 Background 2.2 Objective 2.3 Baseline Conditions 2.4 Management and Maintenance Requirements 2.5 Performance Standard Requirements 3.0 Methods 3.1 Sampling Methods 4.0 Results 4.1 Management and Maintenance 4.2 Achievement of Performance Standard 4.2.1 Wetland Hydrology 4.2.2 Hydric Soils 4.2.3 Increase in Colonization of Wetland Vegetation 4.2.4 Vegetation Colonization of Upland Buffer Area 5.0 Recommendations 5.1 Remedial Actions (if necessary) 5.2 Success Achieved, End Monitoring 43 © 2014 Huffman-Broadway Group, Inc. 22 H:\\Costco Ukiah\\CDFW 1602\\CDFW Comment Ltrs\\Updated\\Attachment 1 CD\\2 Riparian Corridor Buffer Enhancement Plan\\Buffer Enhancement Plan 10-13-2014.doc 6.0 Literature Cited 7.0 Attachments Names, title and companies of all persons who prepared the report and conducted field work Maintenance Records (observations and actions taken) Monitoring Data Sheets (vegetation, hydrology, wetlands) Photo Documentation (aerial and onsite) Location Maps (site, habitats, sample locations) GIS Comparison Mapping/Analysis Data Summaries Agency Contact 44 © 2014 Huffman-Broadway Group, Inc. 23 H:\\Costco Ukiah\\CDFW 1602\\CDFW Comment Ltrs\\Updated\\Attachment 1 CD\\2 Riparian Corridor Buffer Enhancement Plan\\Buffer Enhancement Plan 10-13-2014.doc 8.0 ADAPTIVE MANAGEMENT PLAN Should unforeseen changes in site conditions or other components of the compensatory mitigation project occur, including the party or parties responsible for implementing adaptive management measures, the Project Biologist will notify the RWQCB and CDFW as soon as possible and will work with the agencies to identify appropriate measures to correct the deficiencies. These measures shall constitute the adaptive management plan and will guide decisions for revising this Plan to address both foreseeable and unforeseen circumstances that adversely affect compensatory mitigation success. The Compensatory Mitigation Rule (33 CFR; Part 332) defines adaptive management as: . . . the development of a management strategy that anticipates likely challenges associated with compensatory mitigation projects and provides for the implementation of actions to address those challenges, as well as unforeseen changes to those projects. It requires consideration of the risk, uncertainty, and dynamic nature of compensatory mitigation projects and guides modification of those projects to optimize performance. It includes the selection of appropriate measures that will ensure that the aquatic resource functions are provided and involves analysis of monitoring results to identify potential problems of a compensatory mitigation project and the identification and implementation of measures to rectify those problems. (33 CFR 332.2) 8.1 Determining if Adaptive Management Action is Required USACE regulations at 33 CFR 332.7(c) requires implementation of adaptive management: (1) If the compensatory mitigation project cannot be constructed in accordance with the approved Plan, the Permittee must notify the RWQCB and CDFW for approval. (33 CFR 332.7(c)(1)) (2) If monitoring or other information indicates that the compensatory mitigation project is not progressing towards meeting its performance standards as anticipated, the responsible party must notify the RWQCB and CDFW as soon as possible. The RWQCB and CDFW will evaluate and pursue measures to address deficiencies in the compensatory mitigation project. The RWQCB and CDFW will consider whether the compensatory mitigation project is providing ecological benefits comparable to the original objectives of the compensatory mitigation project. (33 CFR 332.7(c)(2)) Should the mitigation project fail to meet the performance standards outlined in this document by Year 5, the Project Biologist shall prepare a remediation report outlining the work that would need to be implemented for project success, including maintenance, and continued monitoring. The Plan Area shall be monitored annually until the performance standards are met. 45 © 2014 Huffman-Broadway Group, Inc. 24 H:\\Costco Ukiah\\CDFW 1602\\CDFW Comment Ltrs\\Updated\\Attachment 1 CD\\2 Riparian Corridor Buffer Enhancement Plan\\Buffer Enhancement Plan 10-13-2014.doc 8.2 Identification of Appropriate Measures The following measures shall be taken if adaptive management actions are found necessary based on either (1) or (2) in section 8.1, above: (1) RWQCB and CDFW, in consultation with the responsible party (and other federal, tribal, state, and local agencies, as appropriate), will determine the appropriate measures. The measures may include site modifications, design changes, revisions to maintenance requirements, and revised monitoring requirements. The measures must be designed to ensure that the modified compensatory mitigation project provides aquatic resource functions comparable to those described in the Plan objectives. (33 CFR 332.7(c)(3)) (2) Performance standards may be revised in accordance with adaptive management to account for measures taken to address deficiencies in the compensatory mitigation project. Performance standards may also be revised to reflect changes in management strategies and objectives if the new standards provide for ecological benefits that are comparable or superior to the approved compensatory mitigation project. No other revisions to performance standards will be allowed except in the case of natural disasters. (33 CFR 332.7(c)(4)) 46 © 2014 Huffman-Broadway Group, Inc. 25 H:\\Costco Ukiah\\CDFW 1602\\CDFW Comment Ltrs\\Updated\\Attachment 1 CD\\2 Riparian Corridor Buffer Enhancement Plan\\Buffer Enhancement Plan 10-13-2014.doc 9.0 COMPLETION OF RESPONSIBILITIES 9.1 Notification of Completion When the initial 5-year monitoring period is complete, and if the Permittee believes final performance standards have been met, the Permittee shall notify the RWQCB and CDFW when submitting the annual report that documents this completion. 9.2 RWQCB & CDFW Confirmation of Performance Standard Completion Mitigation requirements will not be considered fulfilled until the Permittee has received written concurrence (email or official letterhead) from the RWQCB and CDFW that the performance standards have been completed and no additional monitoring reports are required or inform the Permittee why the mitigation is not deemed successful. If required, a final field visit will be conducted to verify onsite conditions are consistent with information documented in the monitoring reports. Once the Permittee receives confirmation from the RWQCB and CDFW that all Performance Standards have been met the Resource Management Plan will be implemented. 9.3 RWQCB and CDFW Confirmation of Long-Term Land Protection & Financing of managing the Plan Area will continue to be the responsibility of the Permittee until the RWQCB and CDFW acknowledge appropriate site protection and long-term financing mechanisms have been secured. Acknowledgement can be in the form of an email, or formal letter. Once the RWQCB and CDFW acknowledge appropriate site protection, and financing has been secured the City of Ukiah will be responsible for funding, managing and implementing the Tasks associated with the RMP, described in Section 10, in perpetuity. 47 © 2014 Huffman-Broadway Group, Inc. 26 H:\\Costco Ukiah\\CDFW 1602\\CDFW Comment Ltrs\\Updated\\Attachment 1 CD\\2 Riparian Corridor Buffer Enhancement Plan\\Buffer Enhancement Plan 10-13-2014.doc 10.0 LONG-TERM RESOURCES MANAGEMENT PLAN The overall goal of the Long-Term Resources Management Plan (RMP) is to ensure the long- term preservation of the established wetlands and upland buffer area within the Plan Area. Implementation of this RMP will begin following confirmation by the RWQCB and CDFWthat successful completion of the mitigation obligation has been met. The scheduled monitoring, inspection, and maintenance tasks described in this section are designed to assess the ongoing trends and stability onsite and assure the viability of the Plan Area in perpetuity. Monitoring and management activities will be the responsibility of the City of Ukiah (Land Manager). The City of Ukiah may choose to contract to a company who has demonstrated knowledge, training, and experience to accomplish the land management responsibilities described herein. Section 10.1 presents procedures for biological monitoring and management. Section 10.2 describes site security, fuel management and mosquito abatement. Section 10.3 discusses annual accounting and management reporting. Section 10.4 describes adaptive management approach. Sections 10.5 10.6 provide information on funding, identify responsible parties, and present the monitoring and management schedule in tabular form. 10.1 Biological Monitoring and Management - Elements A.1-A.2 This section presents the methods, tasks, frequency, and responsibilities for monitoring and managing biological resources onsite, together with the monitoring objective and criteria that define successful habitat preservation. Objective: Monitor and manage habitat conditions to ensure they remain suitable buffer habitat. By collecting biological monitoring data, the Land Manager will be able to identify and evaluate conditions onsite, create an ongoing record using consistent data points to monitor trends, and provide early identification of any problems at the Plan Area. 10.1.1 Vegetation Monitoring Element A.1 Frequency: Once Every 5 Years. Responsibility: Land Manager Objective: Monitor long-term plant community development to determine the extent and location of wetland and upland plant communities. Task Site Inspection: Conduct field monitoring to determine the location and extent of wetland and upland plant communities. Task Map Vegetation Communities: Map vegetation communities including upland and wetland communities using a GPS and digitally link data to GIS database. 48 © 2014 Huffman-Broadway Group, Inc. 27 H:\\Costco Ukiah\\CDFW 1602\\CDFW Comment Ltrs\\Updated\\Attachment 1 CD\\2 Riparian Corridor Buffer Enhancement Plan\\Buffer Enhancement Plan 10-13-2014.doc Task Managed Grazing: If determined appropriate by the Land Manager invasive plant species and/or thatch build up may be controlled using grazing methods (e.g. goats). Task Prepare Report: Analyze vegetation community data and prepare a report. 10.1.2 Sedimentation and Erosion Control Management Element A.2 Frequency: Annually by June 1. Responsibility: Land Manager Objectives: 1. Prevent adverse impacts to wetland and upland buffer area from sedimentation and erosion. regime. Task Site Inspection and Maintenance. Inspect for signs of sedimentation and erosion. If sedimentation is occurring and determined to have an adverse effect on the wetland and upland habitat measures should be implemented to divert or slow runoff. These measures may include use of straw bales, straw rolls, and/or other suitable barrier material, stabilizing bare ground with straw mulch and diverting or defusing water sources enter the Plan Area causing the sedimentation or erosion. Secondly, make repairs: remove any soil that blocks or impedes surface water flow using hand tools. Complete Maintenance Monitoring Field Form (in Attachment 4) to document conditions observed. Photo-document any problems discovered. Initiate any necessary maintenance to correct problems observed as described below. 10.2 Site Security, Fuel Management & Mosquito Abatement Element B.1-B.3 Frequency: Annually by June 1. Responsibility: Land Manager Objective: Monitor for and document the presence of unauthorized access. Make necessary repairs. Annual maintenance visits will include inspection for any evidence of vandalism such as signs of excessive or uncontrolled human disturbance such as off-road vehicle use, presence of brush and litter, human foot traffic, and runoff water entering the property. Disturbance will be recorded along with remedial action being taken (e.g., repair fence, gate(s); fill tire ruts to original grade; replace sign, lock, report to police). 10.2.1 Site Security Element B.1 Frequency: Annually by June 1. 49 © 2014 Huffman-Broadway Group, Inc. 28 H:\\Costco Ukiah\\CDFW 1602\\CDFW Comment Ltrs\\Updated\\Attachment 1 CD\\2 Riparian Corridor Buffer Enhancement Plan\\Buffer Enhancement Plan 10-13-2014.doc Responsibility: Land Manager Task Site Security: During each site visit for management and monitoring purposes, inspect for signs of encroachment. Document and mitigate any problems identified. Complete Maintenance Monitoring Field Form (in Attachment 4) documenting conditions observed. Photo-document any problems discovered. Remove any accumulated debris, trash or litter and dispose of at an appropriate county- approved disposal location. If necessary, take appropriate actions with the assistance of local police or sheriffto prevent future encroachment or vandalism. Task Supervise Grazing/Mowing: If fire-breaks are required coordination with the contractor implementing the fire-break work is required to ensure the wetlands or and populations of threatened/endangered species are not adversely affected. 10.2.2 Mosquito Abatement Element B.2 Frequency (If Required): Once annually during mosquito breeding season. Responsibility: Land Manager Objective: Work with Mosquito Abatement District to minimize mosquito nuisance. Task Site Inspection: If requested, allow Mosquito Abatement District access to the Site to conduct inspection. Conduct site visit with mosquito abatement staff. Document location of potential problem(s). Complete Maintenance Monitoring Field Form (Attachment 4) documenting conditions observed. If vector control becomes necessary the County would identify and implement mosquito abatement practices that are protective of wetlands and populations of threatened/endangered species. The plan shall be approved by land owner and Grantee of Conservation Easement prior to implementation by the mosquito abatement district. 10.3 Annual Accounting and Management Report Element C.1 Frequency: Annually Responsibility: Land Manager Objective: Provide summary of total funds expended and management report on biological monitoring and maintenance tasks and general site conditions. The Land Manager shall ensure 4: © 2014 Huffman-Broadway Group, Inc. 29 H:\\Costco Ukiah\\CDFW 1602\\CDFW Comment Ltrs\\Updated\\Attachment 1 CD\\2 Riparian Corridor Buffer Enhancement Plan\\Buffer Enhancement Plan 10-13-2014.doc that a detailed accounting report maintained and provided to the RWQCB and/or CDFW upon request. The accounting and management report shall include the following: Task Report Expenses: Provide a summary of funds expended in the management of the Plan Area during the previous year. Summary of accounting should include, use of contingency funds, shortage or surplus of funds and unexpected reoccurring costs. Task Plan Area Conditions: Provide a general description of Plan Area conditions. Task Monitoring Results: Present summary of the results of any monitoring or studies conducted on the Plan Area. Task Maintenance Actions Taken: Provide a summary of all maintenance actions taken on the Plan Area along with a description of any problems encountered in managing the Plan Area to assess whether site is being maintained appropriately. Analyze maintenance data to determine if additional maintenance actions are necessary and site is being maintained sufficiently to maintain suitable buffer. Analyze data for comparative change in invasive species populations, erosion and sediment control, fuel management, and facilities management. If necessary, create various graphical comparisons between current and previous maintenance activities and results using programs such as Microsoft Excel to illustrate trends. Map the following habitat features on the base map for visual comparative purposes: o Populations of invasive vegetation o Erosion or sedimentation problem areas o Created wetland habitat area Migrate data to annual report to describe management and maintenance actions and issues. Make recommendations with regard to (1) any problems that need near short and long- term attention (e.g., weed removal, erosion control), and (2) any changes in the monitoring or management program that appear to be warranted based on monitoring results to date. Task Describe Planned Management Actions: Prepare a description of management actions that will be undertaken in accordance with the RMP in the coming year. Adjustments to monitoring procedures may be required as the site changes over time, or if logistical problems render a procedure unduly difficult to conduct. Such adjustments will be reported to the RWQCB and CDFW. The key is to anticipate that the monitoring program may need occasional adjustments to remain accurate, complete and feasible. 51 © 2014 Huffman-Broadway Group, Inc. 30 H:\\Costco Ukiah\\CDFW 1602\\CDFW Comment Ltrs\\Updated\\Attachment 1 CD\\2 Riparian Corridor Buffer Enhancement Plan\\Buffer Enhancement Plan 10-13-2014.doc 10.4 Adaptive Management Although major management actions are not anticipated to be needed, one objective of this RMP is to monitor conditions onsite to identify any issues that may arise and to use adaptive Adaptive management is a systematic approach for improving resource management by le (Williams, et al. 2007). It incorporates the potential for implementing changes to management practices, including corrective actions determined to be appropriate. Adaptive management includes those activities necessary to address the effects of climate change, fire, flood, or other natural events, force majeure, etc. 10.5 Financial Assurance The costs associated with the long term management and maintenance activities described in this section will be fully funded with an appropriate long-term financing mechanism. As a condition of Performance Standard 5.6 the financial mechanism chosen must be approved by the RWQCB and CDFW.. 10.6 Responsible Parties Once the RWQCB and CDFW acknowledge appropriate land protection, and financing has been secured for long-term protection, the City of Ukiah, also referred to as the Land Manger, will be responsible for funding, managing and implementing the Tasks associated with this RMPin perpetuity. 52 © 2014 Huffman-Broadway Group, Inc. 31 H:\\Costco Ukiah\\CDFW 1602\\CDFW Comment Ltrs\\Updated\\Attachment 1 CD\\2 Riparian Corridor Buffer Enhancement Plan\\Buffer Enhancement Plan 10-13-2014.doc 11.0 REFERENCES California Department of Fish and Wildlife (CDFW). 2014. Notification of Lake or Streambed Alteration Agreement, Costco Wholesale Project, Ukiah, Mendocino County, California. Prepared for Costco Ukiah by Huffman-Broadway Group, Inc., 828 Mission Ave., San Rafael, CA 94901 dated February 11, 2014. ESA. 2013. City of Ukiah Costco Wholesale Project. Final Environmental Impact Report. November 2013. Prepared for City of Ukiah by ESA, 2600 Capitol Ave., Suite 200, Sacramento, CA 95816. North Coast Regional Water Quality Control Board. 2014. Application for Waiver of Waste Discharge or General Waste Discharge Requirements, Costco Wholesale Project, City of Ukiah, Mendocino County, California. Prepared for Costco by Huffman-Broadway Group, Inc., 828 Mission Ave., San Rafael, CA 94901 dated February 13, 2014. Huffman-Broadway Group, Inc. 2014C. US Army Corps of Engineers. Investigation for the Presence of Corps and US EPA Jurisdictional Waters within the Proposed Costco Project Site, Ukiah, Mendocino County, California. Prepared for Kier and Wright Civil Engineers and Surveyors by Huffman-Broadway Group, Inc., 828 Mission Ave., San Rafael, CA 94901 dated June 27, 2014 . 2012. Computer inventory plant data base and rating listing at www.cal- ipc.org/ip/inventory/weedlist.php. Last checked on July 31, 2012. Code of Federal Regulations, Title 33, Part 332. 2008. Compensatory Mitigation for the Loss of Aquatic Resources; Final Rule. April. Cowardin, L.M., V. Carter, F.C. Golet and E.T. LaRoe. 1979. Classification of Wetlands and Deepwater Habitats of the United States, U.S. Fish and Wildlife Service, Office of Biological Services. Washington D.C. Publ. No. FWS/OBSA-79/31. Department of the Army and the Environmental Protection Agency. 2010. Memorandum of Agreement Between The Department of the Army and The Environmental Protection Agency for the determination of mitigation under the clean water act section 404(b)(1) guidelines. Environmental Laboratory. 1987. Corps of Engineers Wetlands Delineation Manual. Technical Report Y-87-1. U. S. Army Engineer Waterways Experiment Station, Vicksburg, Mississippi. 100 pp. plus appendices. US Army Corps of Engineers. 2008. Corps Regulatory Guidance Letter 08-03, Minimum Monitoring Requirements for Compensatory Mitigation Projects Involving the Restoration, Establishment, and/or Enhancement of Aquatic Resources. October 10. 53 © 2014 Huffman-Broadway Group, Inc. 32 H:\\Costco Ukiah\\CDFW 1602\\CDFW Comment Ltrs\\Updated\\Attachment 1 CD\\2 Riparian Corridor Buffer Enhancement Plan\\Buffer Enhancement Plan 10-13-2014.doc Williams, B. K., R. C. Szaro, and C. D. Shapiro. 2007. Adaptive management: The U.S. Department of the Interior technical guide. Adaptive Management Working Group, U.S. Department of the Interior, Washington, DC. 54 © 2014 Huffman-Broadway Group, Inc. 33 H:\\Costco Ukiah\\CDFW 1602\\CDFW Comment Ltrs\\Updated\\Attachment 1 CD\\2 Riparian Corridor Buffer Enhancement Plan\\Buffer Enhancement Plan 10-13-2014.doc Attachment 1 Figures 55 © 2014 Huffman-Broadway Group, Inc. Buffer Enhancement Plan 9-8-2014 Legend Riparian Corridor Buffer Area 92 ¬ « Riparian Corridor Buffer Area 00.511.522.5Miles National Geographic, Esri, DeLorme, NAVTEQ, UNEP-WCMC, USGS, E NASA, ESA, METI, NRCAN, GEBCO, NOAA, iPC 56 Figure 1. Vicinity Map Riparian Corridor Buffer Enhancement Plan, City of Ukiah, Mendocino County, CA Sjqbsjbo!Dpssjeps! Cvggfs!Bsfb Mfhfoe Riparian Corridor Buffer Area 05001,0001,5002,000Feet USGS Ukiah 7.5 min Quadrangle Map (1958; pr. 1975), and USGS Elledge Peak 7.5 min Quadrangle Map (1958; pr. 1975) E 57 Gjhvsf!3/!!VTHT!Upqphsbqijd!Nbq Riparian Corridor Buffer Enhancement Plan, City of Ukiah, Mendocino County, CA Mfhfoe Sjqbsjbo!Dpssjeps!Cvggfs!Bsfb Riparian Corridor Buffer Area 01002003004005006007008009001,000Feet Aerial Photo Source: Microsoft, 2010 Source: Esri, DigitalGlobe, GeoEye, i-cubed, USDA, USGS, AEX, E Getmapping, Aerogrid, IGN, IGP, and the GIS User Community 58 Gjhvsf!4/!!Bfsjbm!!Qipuphsbqi Riparian Corridor Buffer Enhancement Plan, City of Ukiah, Mendocino County, CA 59 Attachment 2 USACE JD Verification Map 5: © 2014 Huffman-Broadway Group, Inc. Buffer Enhancement Plan 9-8-2014 61 62 63 64 65 66 67 Attachment 3 Enhancement Area Landscape Plan 68 © 2014 Huffman-Broadway Group, Inc. Buffer Enhancement Plan 9-8-2014 69 Attachment 4 MAINTENANCE MONITORING FIELD FORM 6: © 2014 Huffman-Broadway Group, Inc. Buffer Enhancement Plan 9-8-2014 71 Describe Action To Be Taken Or Taken 5 Location MAINTENANCE MONITORING FIELD FORM ______________Inspected By: __________________ Status 2014 - 8 - s Broadway Group, Inc. - Inspection Item Attach location map and photo . Fire Breaks. Sedimentation and Erosion . Vegetation Management. Inspections for Altered . Other Site Name & Address: _____________________________________________________________________________Date: _______________Time: __ Page ____ of ____ 5© 2014 HuffmanBuffer Enhancement Plan 9 1. Vandalism Inspections2. Trash and Debris Inspections34Control Inspection56Hydrology Patterns 7 72 73 74 75 76 77 78 79 7: 2 3 Attachment 1 PRICE COMPARISON - CISCO SMARTNET RENEWAL PCMGSHI Service LevelProduct IDStart DateEnd DateQty5-Year Total5-Year Total SNTPWS-C3750X-48PF-S 27-FEB-201826-Feb-231$4,542.14 $5,232.46 SNTPWS-C3750X-48PF-S 27-FEB-201826-Feb-231$4,542.14$5,232.46 SNTPWS-C3750X-48PF-S 27-FEB-201826-Feb-231$4,542.14 $5,232.46 SNTPWS-C3750X-48PF-S 27-FEB-201826-Feb-231$4,542.14$5,232.46 SNTPWS-C2960X-48FPS-L 19-MAR-201826-Feb-231$2,475.12 $2,631.85 SNTPGLC-SX-MMD=19-MAR-201826-Feb-231$0.00$0.00 SNTPGLC-SX-MMD=19-MAR-201826-Feb-231$0.00 $0.00 SNTPGLC-SX-MMD=19-MAR-201826-Feb-231$0.00$0.00 SNTPGLC-SX-MMD=19-MAR-201826-Feb-231$0.00 $0.00 SNTPGLC-SX-MMD=19-MAR-201826-Feb-231$0.00$0.00 SNTPWS-C2960X-48FPS-L 19-MAR-201826-Feb-231$2,475.12 $2,631.85 SNTPWS-C2960X-48FPS-L 19-MAR-201826-Feb-231$2,475.12$2,631.85 SNTPWS-C2960X-48FPS-L 19-MAR-201826-Feb-231$2,475.12 $2,631.85 SNTPWS-C2960X-48FPS-L 19-MAR-201826-Feb-231$2,475.12$2,631.85 SNTPWS-C3560CG-8PC-S 27-FEB-201826-Feb-231$526.35 $606.35 SNTPWS-C3560CG-8PC-S 27-FEB-201826-Feb-231$526.35$606.35 SNTPWS-C3650-24PD-L 07-JUN-201826-Feb-231$2,046.89 $2,473.12 SNTPWS-C3650-24PD-L 07-JUN-201826-Feb-231$2,046.89$2,473.12 SNTPWS-C3650-24PD-L 07-JUN-201826-Feb-231$2,046.89 $2,473.12 SNTPC2960X-STACK=27-FEB-201826-Feb-231$0.00$0.00 SNTPC2960X-STACK=27-FEB-201826-Feb-231$0.00 $0.00 SNTPC2960X-STACK=27-FEB-201826-Feb-231$0.00$0.00 SNTPC2960X-STACK=27-FEB-201826-Feb-231$0.00 $0.00 SNTPWS-C2960X-48FPD-L 13-JUN-201826-Feb-231$2,864.21$3,042.46 SNTPWS-C2960X-48FPD-L 13-JUN-201826-Feb-231$2,864.21 $3,042.46 SNTPWS-C2960X-48FPD-L 13-JUN-201826-Feb-231$2,864.21$3,042.46 SNTPWS-C2960X-48FPD-L 13-JUN-201826-Feb-231$2,864.21 $3,042.46 SNTPWS-C2960X-24PD-L 13-JUN-201826-Feb-231$1,641.76$1,743.94 SNTPWS-C2960X-24PD-L 13-JUN-201826-Feb-231$1,641.76 $1,743.94 SNTPWS-C2960X-24PD-L 13-JUN-201826-Feb-231$1,641.76$1,743.94 SNTPWS-C2960X-24PD-L 13-JUN-201826-Feb-231$1,641.76 $1,743.94 SNTPWS-C2960X-24PD-L 13-JUN-201826-Feb-231$1,641.76$1,743.94 SNTPWS-C2960X-24PD-L 13-JUN-201826-Feb-231$1,641.76 $1,743.94 SNTPWS-C2960X-24PD-L 13-JUN-201826-Feb-231$1,641.76$1,743.94 SNTPWS-C2960X-24PD-L 13-JUN-201826-Feb-231$1,641.76 $1,743.94 SNTPWS-C2960X-24PD-L 13-JUN-201826-Feb-231$1,641.76$1,743.94 SNTPWS-C2960X-24PD-L 13-JUN-201826-Feb-231$1,641.76 $1,743.94 SNTPWS-C2960X-24PD-L 13-JUN-201826-Feb-231$1,641.76$1,743.94 SNTPWS-C2960X-24PD-L 13-JUN-201826-Feb-231$1,641.76 $1,743.94 SNTPWS-C2960X-24PD-L 13-JUN-201826-Feb-231$1,641.76$1,743.94 SNTPC2960X-STACK=27-FEB-201826-Feb-231$0.00 $0.00 SNTPC2960X-STACK=27-FEB-201826-Feb-231$0.00$0.00 SNTPC2960X-STACK=27-FEB-201826-Feb-231$0.00 $0.00 SNTPC2960X-STACK=27-FEB-201826-Feb-231$0.00$0.00 SNTPWS-C3850-12XS-S 07-JUN-201826-Feb-231$4,856.90 $5,867.37 SNTPWS-C3850-12XS-S 07-JUN-201826-Feb-231$4,856.90$5,867.37 SNTPN5K-C5548UP-FA 27-FEB-201826-Feb-231$9,807.88 $11,581.45 SNTPN5K-C5548UP-FA 27-FEB-201826-Feb-231$9,807.88$11,581.45 $99,866.81$112,459.85 4 1 2 3 2 3 4 5 -- 6 7 8 9 ATTACHMENT 3 RESOLUTION NO. 2018-55xx RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH REMOVING ON-STREET PARKING AT TWO LOCATION OFF OF AIRPORT PARK BOULEVARD: END OF CUL-DE-SAC BETWEEN WALMART AND FURNITURE DESIGN CENER; AND END OF CUL-DE-SAC BETWEEN KEN FOWLER AUTO AND COSTCO WHEREAS, the City Council may by resolution designate portions of streets upon which the standing, parking, or stopping of vehicles is prohibited or restricted pursuant to Article 11, Chapter 1, Division 8 of the Ukiah City Code; and WHEREAS, the Traffic Engineering Committee (Traffic Engineer) considered the request to establish no parking zones at two locations off of Airport Park Boulevard: End of cul-de-sac between Walmart and Furniture Design Center; and end of cul-de-sac between Ken Fowler and Costco at its meeting on July 10, 2018; and WHEREAS, the Traffic Engineer recommends the request to establish no parking zones at two locations off of Airport Park Boulevard: End of cul-de-sac between Walmart and Furniture Design Center; and end of cul-de-sac between Ken Fowler and Costco. NOW, THEREFORE, IT IS HEREBY RESOLVED, that the City Council of the City of Ukiah does establish no parking zones at two locations off of Airport Park Boulevard: End of cul-de-sac between Walmart and Furniture Design Center; and end of cul-de-sac between Ken Fowler and Costco both locations are shown on the attached Exhibit A. The City Engineer shall direct installation of signage and curb painting as necessary; PASSED AND ADOPTED this 18th day of July 2018, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: __________________________ Kevin Doble, Mayor ATTEST: ___________________________ Kristine Lawler, City Clerk : A -- 21 2 3 Buubdinfou2 Page 1 POWER ENGINEERS INC. SCHEDULE OF CHARGES –2018 POWER DELIVERYFORCITY OF UKIAH This standard Schedule of Charges is for professional services. Unless agreed otherwise, charges for work on continuing projects will be based on the then current Schedule of Charges. A new Schedule of Charges will be issued to be effective January 1 of each new year and as necessary on an intermediate basis to accommodate new items or revised charges. Invoices will be submitted monthly and/or upon completion of the work and will be due and payable when issued. All accounts not paid within thirty (30) days after Owner's receipt of the invoice will bear a SERVICE CHARGE OF 1.0% PER MONTHfor each month the invoice is unpaid. GRADEPERSONNEL CLASSIFICATION 10Senior Project Manager I.....................................................................................................................................................................$184.50/ hr. Senior Program Manager I Senior Project Engineer III Strategic Consultant III 9Project Manager III..............................................................................................................................................................................$175. 25/hr. Project Lead IV Construction Manager III Senior Project Engineer II Strategic Consultant II Senior Consultant III 8Project Manager II...............................................................................................................................................................................$168. 00/hr. Project Lead III Strategic Consultant I Senior Consultant II Project EngineerIII Construction Manager II Senior Project Engineer I Engineer V 7Project ManagerI.................................................................................................................................................................................$149. 75/hr. Project Lead II Construction Manager I Environmental Specialist IV Project Engineer II Engineer IV Designer V Project Administrator III Senior Consultant I Consultant III 6Project LeadI.......................................................................................................................................................................................$1 27.25/hr. Project Engineer I Engineer III Designer IV Environmental Specialist III Procurement Specialist III Scheduling Specialist III Project Administrator II Consultant II 5Engineer II........................................................................................................................................................................................... .$110.75/hr. Designer III Technician IV Environmental Specialist II Procurement Specialist II Scheduling Specialist II Project Administrator I Consultant I 4Engineer I............................................................................................................................................................................................ .$106.25/hr. Designer II Technician III Environmental Specialist I Procurement Specialist I Field Representative IV Scheduling Specialist I Project Managers Assistant III 3Designer I............................................................................................................................................................................................ ...$97.50/hr. Drafter III Technician II Administrative Assistant I Field Representative III Staff Assistant II Project Managers Assistant II 2Drafter II............................................................................................................................................................................................ .....$79.50/hr. Staff Assistant Field Representative II Project Managers Assistant I 1Drafter I............................................................................................................................................................................................. .....$60.00/hr. General Office Assistant FieldRepresentative I Personnel with specialized experience are employed by or on retainer to POWER. Charges for these specialists are negotiated on an individual basis depending on the assignment. Professional time for depositions and testimony is charged at 1.5 times the rate for services; full-day minimums apply. 4 City of Ukiah2018Fees (5/9/18)gc Page 2 POWER ENGINEERS INC. SCHEDULE OF CHARGES –2018 POWER DELIVERYFOR CITY OF UKIAH This standard Schedule of Charges is for professional services. Unless agreed otherwise, charges for work on continuing projects will be based on the then current Schedule of Charges. A new Schedule of Charges will be issued to be effective January 1 of each new year and as necessary on an intermediate basis to accommodate new items or revised charges. Invoices will be submitted monthly and/or upon completion of the work andwill be due and payable when issued. All accounts not paid within thirty (30) days after Owner's receipt of the invoice will bear a SERVICE CHARGE OF 1.0% PER MONTHfor each month the invoice is unpaid. REPRODUCTION Drawings –Black & White Large Scale Drawings (C Size)$1.90/ea. Large Scale Drawings (D Size)$3.30/ea. Large Scale Drawings (E Size)$5.50/ea. Drawings –Color Large Scale Drawings (C Size)$6.00/ea. Large Scale Drawings (D Size)$10.90/ea. Large Scale Drawings (E Size)$17.50/ea. Documents –Black & White Single-sided Copies8 x 11 $0.11/ea.11 x 17 $0.17/ea. Double-sided Copies8 x 11 $0.22/ea.11 x 17 $0.34/ea. Documents –Color Single-sided Copies8 x11 $0.50/ea. 11 x 17 $1.00/ea. Double-sided Copies8 x 11 $1.00/ea. Spiral Comb $2.65/ea. 3 Ring BinderDependent on size Special Copy Center Projects (Labor)$45.00/hr. SURVEY EQUIPMENT Survey Equip. to support field crew$70.00/day GPS Equipment 2 Units$60.00/hour $350.00/day GPS Equipment 3 Units$80.00/hour $450.00/day Other expenses including but not limited to subcontractors, airfare, lodging, meals, postage and shipping, purchases, rentals, are charged at cost plus a carrying and handling charge of 10%. 5 City of Ukiah2018Fees (5/9/18)gc 2 3 4 $581.00 LƷĻƒ ƚƷğƌ $2,259.30$3,315.90$1,935.60$6,461.00$9,743.10$1,102.50$3,496.00 $15,687.00$17,727.45$19,951.14 $82,259.99 $0.20$0.20$0.30$0.30$0.60$0.65$1.00$0.30$0.43$1.25$8.00 ƓźƷ tƩźĭĻ Chrisp Company 43650 Osgood RoadFremont, CA 94539None $435.75$520.38 LƷĻƒ ƚƷğƌ $1,807.44$2,100.07$1,645.26$7,909.17$1,873.69$7,469.71$9,832.50 $11,765.25$10,671.54 $56,030.76 $0.15$0.15$0.24$0.19$0.51$0.29$0.29$0.23$0.23$0.59 $22.50 ƓźƷ tƩźĭĻ Traffic Limited PO Box 1721Lodi, CA 95241None $435.75$220.50 LƷĻƒ ƚƷğƌ $1,506.20$2,210.60$1,290.40$3,876.60$7,794.48$1,748.00 $11,765.25$10,909.20$13,919.40 $55,676.38 $0.15$0.15$0.20$0.20$0.40$0.40$0.60$0.24$0.30$0.25$4.00 ƓźƷ tƩźĭĻ Sierra Traffic Markings Inc.9725 Del Road Suite BRoseville, CA 95747None $$$$$$$$$$$ LFLFLFLFLFLFLFLFLFLFLF ƓźƷ ƚŅ aĻğƭǒƩĻ 882437 2905753132266461 7843511053272733247746398 vǒğƓƷźƷǤ 2018-07-03 BROKEN WHITE 4" PAINTED TRAFFIC STRIPEBROKEN YELLOW 4" PAINTED TRAFFIC STRIPESOLID WHITE 4" PAINTED TRAFFIC STRIPESOLID YELLOW 4" PAINTED TRAFFIC STRIPESOLID WHITE 8" PAINTED TRAFFIC STRIPEDOUBLE YELLOW PAINTED TRAFFIC STRIPETWO WAY LEFT TURN LANE (YELLOW) PAINTED TRAFFIC STRIPEBIKE LANE 4" WHITE PAINTED TRAFFIC STRIPEBIKE LANE 6" WHITE PAINTED TRAFFIC STRIPEYELLOW NO PASSING ZONE 4-INCH PAINTED TRAFFIC STRIPEGRIND STRIPING, BROKEN 4" CENTER LƷĻƒ 5ĻƭĭƩźƦƷźƚƓ RFB E36394 - Street Striping 2018 City of Ukiah Bid Opening:BASE BID 1234567891011 Total Bid Listed Subs LƷĻƒ ϔ 2 3 4 5 2 3 4 5 6 7 8 9 : 2 3 4 STATE OF CALIFORNIA -BUSINESS, CONSUMER SERVICES AND HOUSING AGENCYEDMUND G. BROWN JR., Governor DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT DIVISION OF FINANCIAL ASSISTANCE 2020 W. El Camino Avenue, Suite 500, 95833 P. O. Box 952054 Sacramento, CA 94252-2054 (916) 263-2771 / (FAX) (916)263-2763 www.hcd.ca.gov June 5,2018 MEMORANDUM FOR:ALL POTENTIAL APPLICANTS FROM:Lisa Bates,Deputy Director Division of Financial Assistance SUBJECT:HOME INVESTMENT PARTNERSHIPS PROGRAM NOTICE OF FUNDING AVAILABILITY The Department of Housing and Community Development (HCD) is pleased to announce therelease of this Notice of Funding Availability (NOFA) for approximately $72million in funds for the HomeInvestment Partnerships Program (HOME). These funds include approximately $29million in allocated 2017 HOME federal funds and $43million in estimated2018 HOME federal funds. HCD will release a NOFA amendment ifthere is a substantial difference in 2018 federal HOME allocation. This NOFA is subject to state and federal HOME regulations.State recipients, as defined bystateHOME regulationssection8201(ii),and nonprofit community housing development organizations (CHDOs),are eligible to apply for HOME funding for rental projects, first-time homebuyer (FTHB) projects, and program activities. Developers, including Native AmericanEntities,can apply directly for HOME funding for rental projects and FTHB projects.This NOFA makes funding available to eligible HOME applicants serving low-(at or below 80 percent of the area median income (AMI)) and very low-income (at or below 50 percent of AMI)households. Projects must meet an October 29, 2019 construction loan-closingdeadline or funding will be forfeited.In addition, all projects are required to close all permanent loans by March2022. Funding under this NOFA will be awarded on a competitive basis. A complete original application and electronic copies on CD or flash drive with all required documentation must be received by HCD no later than 5:00p.m. Pacific Standard Time onAugust 6, 2018.HCD will only accept applications through a postal carrier service such as the U.S. Postal Service, a commercial carrier such as UPS, or FedEx, or other carrier services that provide date stamp verification confirming hand- Personal deliveries will notbe accepted. Applicationforms,regulations, and program information are available at http://www.hcd.ca.gov/grants-funding/nofas.shtml.To receive HOMENOFA FAQs and other program information and updates,subscribeto the HOME listserv. 5 HOME NOFA Page 2 June 5, 2018 HCD will hold one workshop for projects and one workshop for program activities. For the list of workshop dates, times, and at http://www.hcd.ca.gov/grants-funding/active-funding/home.shtml. To register for a workshop, sign up through Eventbrite (link page). If you have any questions, contact NOFA Manager, Charles Gray at (916) 263-1014 or charles.gray@hcd.ca.gov. Attachment 6 HOME INVESTMENT PARTNERSHIPS PROGRAM Notice of Funding Availability Edmund G. Brown Jr., Governor State of California Alexis Podesta, Secretary Business, Consumer Services and Housing Agency Ben Metcalf, Director Department of Housing and Community Development 2020 W. El Camino Avenue, Suite 500, Sacramento, CA 95833 Phone: (916) 263-2771 Website: http://www.hcd.ca.gov/grants-funding/active-funding E-mail address: HOMENOFA@hcd.ca.gov June 2018 7 Table of Contents I. Overview ..............................................................................................................................1 A. Notice of Funding Availability ...........................................................................................1 B. Timeline ...........................................................................................................................1 C. What is new in the NOFA ................................................................................................2 D. Authorizing legislation and regulation authority ...............................................................4 E. Definitions ........................................................................................................................5 II. Program requirements ........................................................................................................5 A. Eligible applicants ............................................................................................................5 B. Eligible activities ..............................................................................................................9 C. Activity combinations and limits ..................................................................................... 12 D. Allocation of funding ...................................................................................................... 13 E. Activity funding amounts and limits ................................................................................ 13 F. Deep affordability targeting ............................................................................................ 16 G. Forms of assistance ...................................................................................................... 18 H. Administrative and CHDO operation funds .................................................................... 19 I. Activity delivery funds .................................................................................................... 20 J. First-time homebuyer required loan terms ..................................................................... 21 K. Underwriting standards for HOME Program activities ................................................... 22 L. Property standards for HOME Program activities .......................................................... 22 III. State and federal requirements ........................................................................................ 23 IV. Application review ............................................................................................................. 31 A. Rating and ranking ........................................................................................................ 31 B. Application scoring and evaluation ................................................................................ 35 V.Application submittal procedures and deadline ............................................................. 44 A. Applications ................................................................................................................... 44 B. Application packaging and submittal .............................................................................. 45 C. Application workshop ..................................................................................................... 46 D. Disclosure of application ................................................................................................ 47 VI. Award Announcements and Contracts ........................................................................... 47 A. Award announcement .................................................................................................... 47 B. Contracts ....................................................................................................................... 47 VII. Overlays ............................................................................................................................. 48 A. Federal overlays ............................................................................................................ 48 B. State overlays ................................................................................................................ 52 VIII. Other Terms and Conditions ............................................................................................ 53 A. Right to modify or suspend ............................................................................................ 53 B. Conflicts ......................................................................................................................... 53 8 HOME INVESTMENT PARTNERSHIPS PROGRAM NOTICE OF FUNDING AVAILABILITY I.Overview A. Notice of Funding Availability The Department of Housing and Community Development (HCD) is pleased to announce the release of this Notice of Funding Availability (NOFA) for approximately $72 million in funds for the HOME Investment Partnerships Program (HOME). These funds include approximately $29 million in allocated 2017 HOME federal funds and $43 million in estimated 2018 HOME federal funds. HCD will release a NOFA allocation. These funds will be used to meet the following statewide goals from 2015-20 Consolidated Plan for low-income households earning at or below 80 percent of the AMI and very low-income households earning at or below 50 percent of the AMI: Increase the supply of affordable rental housing Expand homeownership opportunities and improve existing housing Provide homeless assistance and prevention services B. Timeline Table 1 Timeline NOFA release June 5, 2018 Application due date August 6, 2018 by 5:00 p.m. Award announcements December 2018 9 Department of Housing and Community Development 1 2018 HOME NOFA C. What is new in the NOFA 1. Scoring criteria changes a) The state objective points have been modified for projects and programs to support homelessness and access to opportunity efforts. HOME projects State Objective Points 2016 HOME Current State Objectives Category Points Points Financing committed 70 85 Deeper affordability targeting 50 0 Serving special needs population including 50 80 homelessness or TCAC opportunity map HOME Programs State Objective Points 2016 Current State Objectives Category Points Points Continuity 50 0 Expenditure rate 70 90 Access to opportunity strategies and homelessness 0 110 policy or tenant-based rental assistance b) Readiness points for rental new construction projects have been modified to increase financing commitment points. Rental New Construction Projects - Readiness Points 2016 Current Readiness Category Points Points Financing commitment 10 25 Status of local government approvals 85 80 Project development plan (PDP) market study 40 35 Project development plan (PDP) Phase I 40 35 2. Pet-Friendly Housing Act requirements HOME funding is subject to the Pet-Friendly Housing Act of 2017 (Health & Safety Code, div. 31, pt. 2, ch. 2, § 50466). Refer to section III.J. : Department of Housing and Community Development 2 2018 HOME NOFA 3. Recapture requirements Applicants requesting funding for owner-occupied rehabilitation (OOR), first-time homebuyer (FTHB) projects, and FTHB programs must submit documentation (i.e., promissory note, deed of trust, regulatory agreement, etc.) showing specific recapture provisions per the Department of Housing and Urban Development (HUD) requirements established in 24 CFR 92.254(a)(5)(ii). Refer to section III.D for more information. 4. Commitment and Expenditure deadlines Deadlines 2017 funds 2018 funds Commitment (executed Standard Agreement October 2019 October 2020 with HCD) Expenditure (program completed) November 2021 November 2021 Expenditure (project completed) March 2022 March 2022 HCD will not be able to accommodate extensions for the above deadlines. 5. Program income requirements 24 CFR §92.503, revised in December 2016, changes the manner in which program income (PI) and other funds in the local HOME account are treated. In order to avoid uncommitting appropriated grant funds from a specific project each time PI is disbursed for that project, HOME PI (repayments and recaptured funds) may be accumulated throughout the reporting period (fiscal year). The PI received, as well as any anticipated to be received in the next program year, must be reported to HCD for reporting to HUD. Additionally, the state recipient must report how the funds will be used (i.e., name the activity and project or program, and the intended beneficiary type). State recipients with PI on hand, or who anticipate receiving PI in the next reporting period, must report all PI in their annual report to HCD. The deadline for committing PI (project specific) on hand as of June 30, 2018 is June 30, 2019. 6. Appeals process HCD has modified the NOFA appeals process. For details, see section IV.B. 21 Department of Housing and Community Development 3 2018 HOME NOFA D. Authorizing legislation and regulation authority This NOFA should be read in conjunction with the following regulations, which establish state and federal HOME requirements: State HOME regulations http://www.hcd.ca.gov/grants-funding/active-funding/home.shtml State Uniform Multifamily Regulations (November 2017 version) http://www.hcd.ca.gov/grants-funding/already-have-funding/uniform-multifamily- regulations.shtml Federal HOME regulations https://www.hudexchange.info/programs/home/home-laws-and-regulations/ All regulatory references are to the state and federal HOME regulations unless otherwise noted. Note: Any inconsistencies between this NOFA and state or federal HOME regulations will be resolved in the favor of the applicable regulations. This NOFA does not include the text of all regulations that may be applicable and/or important to particular projects. For proper completion of the application, potential applicants should consult the regulations linked above and other cross-cutting regulations such as, but not limited to, those referred in 2 CFR 200.512. Multifamily rental projects applicants should also consult the state Uniform Multifamily Regulations (UMR), which apply to all HOME-funded multifamily rental projects. All references herein to the UMR shall mean the November 2017 UMR. Several of the terms used in the HOME have specific meanings defined by state and/or federal HOME regulations. When reviewing this NOFA and the application forms, carefully review the regulations for definitions and terms. State HOME definitions are found in Sections 8201 and 8217 of the state HOME regulations. If state or federal statutes or regulations, or other laws, governing HOME or its funding are modified by Congress, HUD, the state Legislature, or HCD prior to completion of work to be done pursuant to awards made in connection with this NOFA, the changes may become effective immediately and apply to funded activities. HCD reserves the right, at its sole discretion, to suspend, amend, and/or supplement the provisions of this NOFA. If such action occurs, HCD will notify interested parties through HOME listserv. 22 Department of Housing and Community Development 4 2018 HOME NOFA E. Definitions Special-needs populations -needs psection 7301 that is referenced in section 8314(e)(2) of the UMR: disabled households, agricultural workers, single-parent households, survivors of physical abuse, homeless persons or persons at risk of becoming homeless, chronically ill persons including those with HIV and mental illness, displaced teenage parents (or expectant teenage parents), homeless youth as defined in Government Code section 11139.5, individuals exiting from institutional settings, chronic substance abusers, or other specific groups with unique housing needs as determined by HCD-needs p include seniors or the frail elderly unless they otherwise qualify as a special-needs population. Homeless at 24 CFR 578.3, as may be amended and renumbered from time hronically omeless with a d as defined in 24 CFR 578.3. II.Program requirements The following is provided as a summary and is not to be considered a complete representation of the entirety of the eligibility, threshold, or other requirements or terms and conditions of the HOME Program. A. Eligible applicants Eligible HOME applicants include state recipients, developers including Native American Entities (NAEs), and Community Housing Development Organizations (CHDOs) consistent with applicable state and federal requirements. Eligible jurisdictions for FY 2017 and FY 2018 HOME funds are listed in Appendix A of this NOFA. If a city or county is not listed in Appendix A, but you believe it should be, submit a copy of the consortium or urban county agreement for your county indicating that your city or county is not a participant for FY 2017 and FY 2018 consortium or urban county funding by June 29, 2018 to Muri Christine Bartkovsky at mbartkovsky@hcd.ca.gov. For HOME funds, cities or counties must meet the following criteria: have not been designated as participating jurisdictions by HUD are not participants in an urban county agreement with a county that is a HUD participating jurisdiction are not participants in a HOME consortium the projects being applied must be he unincorporated area 23 Department of Housing and Community Development 5 2018 HOME NOFA CHDOs must meet the following criteria: 1. Certification requirements New CHDO applicants and currently certified CHDOs with certifications that will expire before August 6, 2018 must submit a complete CHDO Certification application with all exhibits and attachments by June 29, 2018. If you are an existing CHDO under the HOME Program, you must submit the HCD CHDO approval letter with your application. The application for CHDO Certification is available at http://www.hcd.ca.gov/grants- funding/active-funding/home.shtml. For assistance with the CHDO Certification process, contact Muri Christine Bartkovsky at (916) 263-1176 or mbartkovsky@hcd.ca.gov. 2. Projects being applied for are required to be wned, developed or s an eligible CHDO: a) eveloped, and ssection 92.300 of the HOME Final Rule as: Owner: The CHDO is required to own (in fee simple absolute or long-term ground lease meeting the requirements of UMR section 8316) the HOME project during development and throughout the period of affordability. As owner, the CHDO is required to oversee all aspects of the development process. In instances where the CHDO lacks developer capacity, the CHDO may own the project and hire a qualified project manager or contract with a development contractor to oversee all aspects of development. This option is available to CHDOs having experience and capacity to own and operate affordable rental housing, but lack the experience or capacity to develop the project. This option is not available if the project is owned by a limited partnership entity (see Sponsor paragraph below). Developer: The CHDO may act as developer if the CHDO owns (in fee simple absolute or long-term ground lease) the HOME project. As developer, the CHDO must be in sole charge of all aspects of the development process, including obtaining zoning and other approvals, securing financing, selecting contractors, overseeing work progress, and determining reasonableness of costs. The CHDO must own the project during development and for multi-family rental projects throughout the period of affordability. This option is not available if the project is owned by a limited partnership entity (See sponsor paragraph below). CHDOs are not allowed to act as developer in projects where the CHDO does not have a long-term ownership interest and contractual relationship with the project owner (i.e. a Development Services Agreement) to develop the project. 24 Department of Housing and Community Development 6 2018 HOME NOFA Sponsor: The HOME Final Rul- assisted rental housing: by: An affiliated subsidiary of the CHDO, which is wholly owned by the CHDO; A limited partnership in which the CHDO or its wholly owned affiliated subsidiary is the sole general partner; or A limited liability company in which the CHDO or its wholly owned affiliated subsidiary is the sole managing member. Note: Subsection to most, but not necessarily all, of the multi-family rental project applications received by HCD. the property (in fee simple absolute), develops the housing, and agrees to convey the housing to a different private non-profit organization at a predetermined point in time after completion of the development. The non- profit to which the project will be conveyed does not need to be a CHDO, but must be identified and approved by HCD prior to commitment of HOME funds. Additionally, this non-profit cannot be created by a governmental entity. If for any reason the project is not transferred to this non-profit, the CHDO remains liable for the HOME funds and the project for the term of the affordability period. If awarded, CHDOs must obtain all necessary permanent project financing, including the permanent financing for the required period of affordability, and execute a standard agreement with HCD by October 2019 for fiscal year 2017 funds and by October 2020 for fiscal year 2018 funds. Additional HOME eligibility criteria 1. Minimum expenditure requirement for program activities (50 Percent Rule) Pursuant to state HOME regulations section 8204(b), applicants with current HOME Program activities contracts or with program activities awards from the last HOME Program NOFA, are eligible to apply for HOME Program activities funds only if they have expended, by the application due date of August 6, 2018, at least 50 percent of the total of funds originally awarded. Potential applicants with no open HOME Program activities contracts are not affected by this rule. A current HOME contract is one where the expenditure deadline has not yet occurred by August 6, 2018. Note: If an earlier contract has been extended and has not yet reached its extended expenditure deadline, it will count towards this 50 Percent Rule. 25 Department of Housing and Community Development 7 2018 HOME NOFA "Expended" funds are the total of all valid draws (or, for Tenant-Based Rental Assistance (TBRA), Project Setup Reports) received by HCD by the application deadline. Additionally, for first-time homebuyer (FTHB) and owner-occupied rehabilitation (OOR), a valid draw is limited to the amount needed for reimbursement of actual expenses for work that has been . Work completed varies by activity, as follows: a) FTHB activities: escrow has closed; b) OOR activities: the amount expended is the amount of construction/ rehabilitation payments that were made for work completed and inspected; and c) TBRA activities: the amount expended is the rental assistance amount , to the extent those funds are available in existing TBRA grants. 2. Compliance with 2 CFR 200.512 Single Audit Report submission requirements (excluding CHDOs and Developers) To be eligible for funding, the applicant must comply with the submission requirements of the 2 CFR 200.512 Single Audit report. Single Audit reporting packages are due to the California State nine months . For most California entities, the reporting package is due March 31 of each fiscal year. Entities with approved extensions on file must submit their reporting package by the due date indicated in their approved extension letter. HCD will make the determination on the status of 2 CFR 200.512 Single Audit reporting compliance as of August 6, 2018 by consultation with SCO. Jurisdictions that are exempt from filing a 2 CFR 200.512 Single Audit report because the level of federal funds is below the federal threshold must submit a copy of the letter notifying SCO of their exempt status with their HOME application, in addition to notifying SCO. For additional information, see section VII.A.5. 3. All applicants must be in good standing with the State of California and all agencies and departments thereof. By way of example and not limitation, if an applicant is a business entity, such entity must be qualified to do business in California and currently in good standing with the California Secretary of State and the California Franchise Tax Board. 26 Department of Housing and Community Development 8 2018 HOME NOFA B. Eligible activities To be eligible for funding, an application must be for one of the following types of projects and/or program activities. Rental and homebuyer projects with multiple sites must have common ownership and financing. 1. Rental projects a) Rental new construction project Funds provided to develop a specific multifamily project on a specific site by a specific developer. Rental new construction projects may be with or without acquisition; or b) Rental rehabilitation project Funds provided to rehabilitate a specific rental project without a transfer of ownership or to both acquire and rehabilitate a specific rental project. Rental Rehabilitation projects may be with or without acquisition. Per section 92.205(a) of the Federal HOME regulations, thought of as a transfer of real property between unaffiliated third parties. Therefore, a project is eligible as a there will be an acquisition of real property, not just a change in partnership or ownership interests. Applicants requesting project funding for a rental project consisting of multiple sites must be in conformance with UMR section 8303(b). Note: Projects involving only acquisition (where no rehabilitation is being done) are not eligible. 2. FTHB projects a) Construction financing of new construction or acquisition/rehabilitation/ conversion to develop homes on a specified site or sites, with 100 percent of the HOME investment rolling over to permanent financing and being used to provide mortgage assistance to first-time homebuyers when the units are sold to eligible homebuyers; or b) Homebuyer mortgage assistance only in a project that is being constructed or acquired and rehabilitated with other funds. 27 Department of Housing and Community Development 9 2018 HOME NOFA 3. Program activities Eligible HOME Program activities are as follows: a) FTHB program Acquisition-only down payment assistance - Funds awarded only to a HOME-eligible city or county to provide loans to homebuyers for acquisition of a modest dwelling that the homebuyer selects from the open market. CHDOs are not eligible for this activity. Acquisition with rehabilitation - Funds provided to a HOME-eligible city, county, or CHDO to perform acquisition with rehabilitation activities. To be considered a CHDO-eligible activity, the CHDO must assume the role of developer and own the property, completing the rehabilitation of the unit prior to selling the home to an eligible homebuyer. Infill new construction - Funds provided to a city, county, or CHDO to provide assistance for the new construction of dwellings on scattered sites in an existing built-out neighborhood, with no more than four dwellings on each vacant site. Pursuant to National Environmental Policy Act (NEPA) requirements, an environmental assessment (EA) will be required if more than four units, regardless of funding source, are developed within 2,000 feet of one another. To be considered a CHDO-eligible activity, the CHDO must assume the role of developer, own the property during construction, and sell the home to an eligible homebuyer within nine months of completion. All dwellings must be situated on land held in fee simple, leasehold, or another manner approved in writing by HCD and be affixed on a permanent foundation. Pursuant to state HOME regulations, section 8207, the FTHB primary mortgage loan must be fully amortized and have a fixed interest rate that does not exceed the current market-rate, as recognized by the 90-day -year fixed rate loans, established by Fannie Mae at: https://www.efanniemae.com/sf/refmaterials/hrny/index.jsp. For more information regarding primary loan terms, see section II.J. Note: This activity is eligible only if the application clearly documents the availability of grant funds or building sites currently owned by the applicant or developer for projects with costs that exceed 100 percent of appraised value. Applicants must have a committed source of development subsidy. For example, if the source is a development grant, the applicant may provide a firm letter of commitment from the funding source for the project. 28 Department of Housing and Community Development 10 2018 HOME NOFA b) Owner-occupied rehabilitation (OOR) program Funds provided to a HOME-eligible city or county to assist owners whose primary residence is in need of repairs, improvements, or reconstruction necessary to meet federal, state, or local building codes and for correction of all health and safety deficiencies. Reconstruction means the rebuilding, on the same lot, of housing including housing that has been destroyed by natural causes, provided HOME funds are committed within 12 months of the date of destruction. c) Tenant-based rental assistance (TBRA) program Funds provided to a HOME-eligible city or county to administer a program to provide rent subsidies and/or security deposits to eligible households. The minimum term of rental assistance to an eligible household is six months; however, the tenant must be initially offered a one-year lease. The assisted tenant may accept a term of less than one year (minimum six months) after being offered a one-year lease. TBRA funds may be used to assist tenants to reside in any HOME-eligible jurisdiction within the county where the TBRA funds were awarded. For example, TBRA funds awarded to the City of Winters can also be used for units located in Woodland, West Sacramento, or the unincorporated areas of Yolo County since all of these jurisdictions are state HOME-eligible within Yolo County, but may not be used in Davis, which is not state HOME-eligible. Note: Ineligible use of funds include: Per the discretion provided by HUD under section 92.206(b) of the HOME Final Rule, HCD does not permit the use of HOME funds for the refinancing of homeowner loans. Pursuant to federal HOME regulations section 92.206(a)(4), for rental projects, costs associated with the construction or rehabilitation of laundry facilities and other community facilities, which are located in separate buildings containing no residential units are ineligible HOME costs, and cannot be paid for with HOME funds. In order for space within residential buildings, such as laundry facilities or a community room, to be paid for with HOME funds, that space has to be for the exclusive use of project residents and their guests. It cannot be space available for use by the general public. Pursuant to section 92.214 of the federal HOME regulations, HOME funds cannot be used to pay the initial deposits to the operating and replacement reserves required under state UMR Sections 8308 and 8309. Therefore, in a project where HOME is the only source of financing, or if other lenders/equity partners will not pay for these costs, the developer must pay them. For further ineligible uses of HOME funds, refer to 24 CFR 92.214. 29 Department of Housing and Community Development 11 2018 HOME NOFA If an application is submitted proposing an ineligible use, then only the portion of the application proposing eligible uses will be rated and eligible for funds. C. Activity combinations and limits State recipients and CHDOs may apply for no more than two activities as follows: 1. One rental project and one FTHB project 2. One rental project, and any combination of eligible program activities 3. One FTHB project and any combination of eligible program activities except for a FTHB program Separate application forms must be submitted for each project and an additional application form for Program activities. Each project will be rated and ranked separately. Developers not applying through a state recipient may submit only one application pursuant to this NOFA. An application may consist of one activity as follows: 1. One rental rehabilitation (RR) with or without an acquisition project 2. One rental new construction project 3. One FTHB project 2: Department of Housing and Community Development 12 2018 HOME NOFA D. Allocation of funding Funding made available by this NOFA will be allocated as follows per the state HOME regulation cited below: Table 2 Allocation of Funding Section 8212.1(a) 40% for program activities 55% for rental projects 5% for FTHB projects Sections 8212.1 and 8213 A minimum of 15% will be reserved for HCD-certified CHDOs. The top ranked project developed on Native American lands that passes threshold and HOME Program requirements will be awarded HOME funds. A minimum of 50% will be reserved for rural areas as defined in section 50199.21 of the California Health & Safety Code. Note: Per state HOME regulations section 8213(c), in the event there are insufficient monies to fund an applicant's entire program, the applicant may be offered the amount available, provided it is sufficient to complete a portion of the application, which, if evaluated separately, would have been awarded. If the amount of funding available is insufficient, the available funds may be allocated to feasible applications in other allocations. The over-the-counter (OTC) HOME funding availability is possible only if the amount requested by all applicants is far lower than historic levels, as determined by HCD. if there will be an OTC HOME funding opportunity. E. Activity funding amounts and limits The loan limits stated below do not include funds for administration, CHDO operations, or activity delivery. For example, a state recipient may request $5.1 million for a 4 percent tax credit project (i.e., a $5 million loan, and $50,000 for administration, and $50,000 for activity delivery). For administration/CHDO operation funds and activity delivery amounts, see sections II.H. and II.I. Note: All limits apply to the combined amount of funds requested through this NOFA and HOME PI. 31 Department of Housing and Community Development 13 2018 HOME NOFA Rental new construction project loan limits: $5,000,000 1. Prior to the issuance of the award letter, HCD will evaluate the financial feasibility of each project and may, as necessary for project feasibility or to prevent over- subsidizing a project per the UMR, decrease the HOME loan amount. This also applies to Rental Rehabilitation with or without acquisition projects. 2. Deep affordability targeting: Rental new construction projects requesting funds for deep affordability targeting, serving Special Needs and/or homeless populations, or in an area of opportunity, can request up to $1,000,000 in addition to the maximum application amount for their activity shown above. Rental rehabilitation with or without acquisition loan limits 1. $2,000,000, except where the project meets the requirements of either 2.a) or 2.b), below; and 2. $5,000,000, if the project meets either of the following requirements: a) Eighty percent of all units in the project will be restricted to tenants with household incomes at or below 50 percent of the AMI at initial occupancy after rehabilitation, with rents restricted to no more than the low HOME rent level; or b) Eighty percent of all units in the project will have project-based rental assistance and the rental assistance contract is renewable. Homebuyer project loan limits 1. Up to $80,000 per unit for up to a maximum of the lesser of $2 million or 5 percent of the total amount awarded pursuant to this NOFA. 2. This per-unit amount is only for the purpose of calculating the maximum amount to be requested. The federal per-unit subsidy and Maximum Purchase Price/After- Rehabilitation Value limits still apply. All loan amounts will be verified by a subsidy layering analysis, and loan amounts will be reduced if the amount requested exceeds what is needed. Note: Combining FTHB Program and Homebuyer Project Funds in a project. Using HOME homebuyer project funds, HOME homebuyer program funds and/or any HOME PI in the same homebuyer project such as a subdivision is not permitted except in limited circumstances and at the sole discretion of HCD. Minimum and maximum amount of funds per project 1. The minimum amount of HOME funds that must be invested in a project involving rental or homeownership housing is $1,000 times the number of HOME-assisted units in the project (# of units x $1,000 = minimum amount of HOME funds). The $1,000 minimum per unit requirement does not apply to TBRA funds. 32 Department of Housing and Community Development 14 2018 HOME NOFA 2. The maximum amount of HOME funds invested in a project, including activity delivery costs, shall not exceed the lower of: a) per-unit subsidy limits, established by HUD (updated annually) under 24 CFR 92.250; or b) the development cost of HOME-assisted units compared to all units in the project and the size of the HOME units compared to all other units in the project, pursuant to 24 CFR 92.205(d)(1); and 3. The maximum amount of HOME funds invested in a project (when combined with other financing and assistance), must accomplish the following: a) Enable the project as proposed to be developed and to operate in compliance with all HOME requirements, including the subsidy-layering requirement at 24 CFR 92.250. s CPD Notice 98- HOME webpage under Resources. b) For rental projects of five or more units, achieve a debt-service coverage ratio in accordance with UMR section 8310. The current HUD per-unit subsidy limits are located on the HCD website at: http://www.hcd.ca.gov/grants-funding/income-limits/state-and-federal-income- limits.shtml. FTHB and OOR activities are subject to the maximum purchase price/after rehabilitation value limits. The current limits can be found at http://www.hcd.ca.gov/grants-funding/income-limits/state-and-federal-income- limits.shtml. Pursuant to federal regulations, a project may receive HOME funds from only one award. This prohibits the combination of awards from a state recipient and a developer or CHDO on the same project and prevents the combination of awards from more than one HOME NOFA on the same project. Pursuant to 24 CR 92.250, before committing funds to a project, HCD must evaluate the project in accordance with the UMR and will not invest any more HOME funds, in combination with other governmental assistance, than is necessary to provide affordable housing. HOME projects may not receive more subsidy than is required to make them financially feasible. 33 Department of Housing and Community Development 15 2018 HOME NOFA Program activities funding limits Maximum: $1,000,000. Minimum: $300,000. Applies to HOME-eligible applicants for all program activities (including administration and activity delivery costs) subject to the following chart: Table 3 HOME Expenditure Rate Achieved Maximum Application Expenditure Rate for 2014 - 2016 Amount HOME Program activities Contracts $1,000,000 60 % or more $ 700,000 55 59.99 % $ 500,000 50 54.99* % * Applicants with no open HOME contracts past the expenditure deadline may apply for up to $500,000. All successful applicants (awardees) will be evaluated periodically to determine if the rate of expenditure is reasonable. HCD may disencumber all or a portion of the grant if there is an unreasonably low rate of expenditure, as determined by HCD in its sole discretion. Program Income (PI): Federal HOME regulations require that all PI funds on hand must be maintained in an interest-bearing account. Interest earned on PI funds is also considered PI. 24 CFR §92.503, revised in December 2016, changes the manner in which PI and other funds in the local HOME account are treated. In order to avoid uncommitting appropriated grant funds from a specific project, each time PI is disbursed for that project, HOME PI (repayments and recaptured funds) may be accumulated throughout the reporting period (fiscal year). The PI received, as well as any anticipated to be received in the next program year, must be reported to HCD for reporting to HUD. Additionally, the state recipient must report how the funds will be used (name the activity and project or program, and the intended beneficiary type). State recipients with PI on hand, or anticipate receiving PI in the next reporting period, must report all PI in their annual report to HCD. The deadline for committing PI (project specific) on hand as of June 30, 2018 is June 30, 2019. F. Deep affordability targeting A total of approximately $5 million in HOME funds are available as part of the rental project allocation to assist rental new construction projects to reduce or eliminate permanent conventional debt requiring mandatory debt service for the purpose of . Eligible applicants may apply for up to an additional $1 million in HOME funds. 34 Department of Housing and Community Development 16 2018 HOME NOFA Eligible projects are rental new construction projects that do not have 9 Percent Tax Credits and set a portion of the units rents below 50 percent AMI for the entire Regulatory Term. Projects also must meet the periods of affordability specified in the following table. Table 4 Period of Affordability Number of Years Applicant Type 55 years cities, counties, developers and CHDOs 50 years developments on Native American lands Applicants for deep affordability targeting funds must submit two sets of application documents as set forth in the Deep Affordability Targeting Documentation Checklist of the HOME Supplement to the Universal Rental application. This additional documentation must illustrate any differences in proposed project rent levels, financing commitments, and other financials when funded at the deep affordability targeting funding level versus the regular maximum HOME funding level. The additional documentatinancial Feasibility Self E HCD expects to see a reduction in rents, debt service, operating reserve, and permanent conventional financing commitments as a result of the higher HOME loan amount. However, there must be no difference in total development cost under the regular HOME funding scenario versus the deep affordability targeting funding scenario. The total operating expenses may change based on the population served; however, the amount budgeted for Supportive Services Costs must be consistent with the UMR section 8314 (e). Any differences in total operating expenses and required replacement reserve deposits between the two scenarios must be explained in the application. Although the project rent schedule may change with deep affordability targeting funds, the total number of units and the size of units in the project may not change. In putting together the unit mix under both scenarios, among the HOME assisted units, no more than four different rent AMI levels shall be used for each bedroom size. Deep affordability targeting rating factors The available funds will be allocated to projects that rank high enough to be funded through the normal rating and ranking process and based on the following deep affordability targeting rating factors, as long as Article XXXIV of the California Constitution is complied with the following: 1. The higher the percentage of HOME units restricted below 50 percent AMI, the more deep affordability targeting points that will be awarded; and 2. The lower the average rent of HOME units expressed as a percentage of AMI, the more deep affordability targeting points that will be awarded. 35 Department of Housing and Community Development 17 2018 HOME NOFA Fifty percent of deep affordability targeting HOME funds will be made available to projects in counties in which the HOME 50 percent AMI limit for a household of four is below $32,750. Fifty percent of the funds will be made available to projects in counties whose HOME 50 percent AMI limit for a household of four is $32,750 or more. Unused funds in one group will be made available for the other group. If a project does not score high enough on the deep affordability targeting factors to receive deep affordability targeting funds, it will be evaluated for overall HOME rating purposes using the rents that are proposed at the regular maximum HOME funding level. For assistance on deep affordability targeting applications, submit questions to HOMENOFA@hcd.ca.gov. G. Forms of assistance 1. HOME loans HOME assistance shall be in the form of loans to be repaid to local HOME accounts controlled by state recipients, qualified CHDOs, or the s except for the uses of funds specifically defined under HOME grants. Loans provided to homebuyers must meet the requirements set forth in section II.J. 2. HOME grants HOME assistance must be provided in the form of a grant for relocation payments, lead-based paint hazard evaluation and reduction activities, and TBRA. HOME assistance may be provided in the form of a grant for rehabilitation activities performed under a FTHB or OOR program if necessary to complete the project when the total of all project indebtedness equals or exceeds the projected after- rehabilitation appraised value. The grant amount for FTHB or OOR activities is limited to up to 25 percent of the applicable HUD per-unit subsidy limit for the project. This amount is in addition to any grant funds currently permitted for relocation, lead-based paint remediation, and activity delivery costs for the project. HOME assistance may be used for Activity Delivery Cost grants for state recipients only. the HOME Final Rule at 92.206(d), except that customary closing costs for home acquisition activities may be charged as either a loan or part of the 6.5 percent funding for Activity Delivery Costs. Note: Homebuyer Education Costs may be reimbursed only through Activity Delivery Costs and cannot be passed on to the homebuyer. IMPORTANT: All project-related soft costs associated with an OOR project must be included in the 24 percent funding maximum available for Activity Delivery Costs. 36 Department of Housing and Community Development 18 2018 HOME NOFA HOME funds for Activity Delivery Costs must be drawn down at the same time HOME funds for Activity Costs are drawn down, respectively. If the activity is not completed and a Project Completion Report for the full amount drawn down is not filed, all HOME funds for that project, including Activity Delivery Costs, must be repaid to HCD. For FTHB projects, special care should be taken in requesting HOME funds for Activity Delivery Costs during the construction phase. If the entire amount of the construction loan should inadvertently not roll over into permanent loans, the proportional amount of Activity Delivery Costs must be repaid to HCD. For more information on Activity Delivery Costs, see section II.I. Project related expenses for NEPA environmental review, architectural and engineering and other professional services incurred within the 24 months prior to the commitment of funds may be reimbursed at the sole discretion of HCD after execution of the state Standard Agreement. On a case-by-case basis, HCD may, in writing and in its discretion, permit reimbursement for other expenses incurred after the date of the award letter and prior to the effective date of the Standard Agreement upon the request of the applicant. H. Administrative and CHDO operation funds The following limits apply to the amount of administrative and CHDO operations funding that applicants may receive. Developers, including NAEs, of a project shall not act as an administrative subcontractor for an activity and are not eligible for administrative costs. Projects 1. City and county applicants receiving up to $1,000,000: up to $25,000 for administrative funds 2. CHDO applicants receiving up to $1,000,000: up to $75,000 for CHDO operations funds 3. City and county applicants receiving $1,000,000 or more: up to $50,000 for administrative funds 4. CHDO applicants receiving $1,000,000 or more: up to $100,000 for CHDO Operations funds Program activities All program activities applicants may request up to 2.5 percent of the total application amount for administrative funds (for state recipient applicants) or CHDO operations (for CHDO applicants). 37 Department of Housing and Community Development 19 2018 HOME NOFA I. Activity delivery funds Projects State recipient rental and homebuyer projects may receive up to $50,000 of the contract amount (loan and grant funds) for activity delivery costs (activity delivery funds). Activity delivery funds are grants and not part of the project loan amount. Activity delivery funds may be used at the state rdiscretion to fund the activity, activity delivery costs, or any combination of the two. For a description of the types of expenses which may be charged to activity delivery, see 24 CFR 92.206(d)(6) and 92.206(f)(2). Activity delivery, administration, and CHDO operations funds should not be included in the development budget since the development budget must reflect HOME loan amounts only, not HOME grant funds. Developers, including NAEs, shall not act as an administrative subcontractor for an activity and are not eligible for activity delivery costs. Programs Except for TBRA activities, state Standard Agreements (contracts) will automatically allow the use of up to the maximum amount of activity delivery funds for each specific activity. At the time of set-up (i.e., when the HOME Recipient is ready to begin drawing activity funds) an activity delivery funds request may be made for actual expenses: 1. Up to 24 percent of the HOME loan/grant amount for OOR and for the rehabilitation component of acquisition with rehabilitation. Activity delivery costs for rehabilitation projects may exceed the 24 percent limit if documentation of actual costs is provided to HCD with the project set-up. Documentation must be of actual costs; consultant billings, without documentation of underlying actual costs, are not adequate. See section II.B.3 for additional guidance. 2. Up to 6.5 percent of the total acquisition cost for FTHB activities involving acquisition with rehabilitation 3. Up to 5 percent of the HOME TBRA payment for unit inspection and income determination activities 4. Up to 6.5 percent of the HOME amount for all other activities 38 Department of Housing and Community Development 20 2018 HOME NOFA J. FTHB required loan terms Primary loan term requirements applicable to state recipient, developer, and CHDO FTHB loans Pursuant to the state HOME regulations, FTHBs shall be required to obtain financing from primary lenders in addition to HOME financing. Loans from primary lenders must comply with the following requirements: 1. A minimum loan term of 30 years; and 2. No temporary interest rate buy-downs; must be fully amortized and have a fixed interest rate that does not exceed the current market rate as established by the 90--year fixed rate loans by Fannie Mae at https://www.efanniemae.com/sf/refmaterials/hrny/index.jsp plus 100 basis points. - they convert to a fully amortized loan at some point in the loan term. Additional state recipient HOME loan terms The amount of the HOME loan is limited to the minimum amount necessary to ensure good quality, affordable, and financially viable housing for the duration of the affordability period, as determined by a subsidy layering analysis and underwriting of the project financing. Note: To maximize limited HOME resources, the amount of the HOME loan may not exceed the amount of the primary mortgage. Pursuant to state HOME regulations section 8205(c)(1)(A)(ii), loans made by state recipients assisting FTHBs and homeowners, whose homes are being rehabilitated, shall bear simple interest rates ranging from 0 to 3 percent per annum. Interest and principal payments shall be deferred for the term of the loan. The state recipient may forgive some or all of the accrued interest; however, principal cannot be forgiven. Additional CHDO HOME loan terms Except as otherwise provided by the state HOME regulations section 8206.1(c) regarding CHDO qualification to retain loan repayments, HCD shall be the beneficiary on all HOME promissory notes, deeds of trust, and HOME deed restriction documents. Pursuant to state HOME regulations section 8205(c)(1)(A)(i), loans to FTHBs financed from the CHDO set-aside shall bear a simple interest rate of 3 percent per annum for the first 10 years, computed from the date the Deed of Trust is recorded on the property. Interest and principal payments shall be deferred for the term of the loan. Commencing on the 11th anniversary of the recordation date, an amount equal to 10 percent of the accrued interest shall be forgiven each year, so that on the th 20 anniversary of the recordation date, all interest will have been forgiven if the borrower is in compliance with all requirements set forth in the HCD loan documents. 39 Department of Housing and Community Development 21 2018 HOME NOFA K. Underwriting standards for HOME Program activities When a CHDO is undertaking a HOME infill new construction or FTHB acquisition with rehabilitation program, an underwriting analysis must include reasonableness of profit or return to the developer (CHDO), project cost reasonableness; market analysis, experience and financial capacity of CHDO, and whether firm financial commitments are in place to fully fund the project. State recipients undertaking an infill new construction program must also comply with the above requirements. FTHB Acquisition-only projects are exempt from the market and developer capacity analysis, however, the applicant must demonstrate cost reasonableness and that all financial commitments are in place. Both OOR and TBRA programs are exempt from this underwriting requirement as long as the HOME assistance is provided in the form of deferred payment loans and grants. L. Property standards for HOME Program activities The HOME recipient must ensure that all HOME-assisted housing units meet the property standards in 24 CFR 92.251. All HOME-assisted rental housing must be maintained in compliance with 24 CFR 92.251 for the duration of the affordability period. The HOME recipient shall ensure that, upon project completion, housing rehabilitated with HOME funds meets applicable local rehabilitation standards or another rehabilitation standard meeting the requirements of 24 CFR 92.251. The HOME recipient shall ensure that the written scope of work provides sufficient detail to establish the basis for a uniform inspection of the assisted housing to determine compliance with the requirements of this section. The HOME recipient shall review and approve all written cost estimates after determining that costs are reasonable. The HOME recipient shall conduct an initial property inspection to identify deficiencies that must be addressed, as well as the progress and final inspections to determine that work was done in accordance with work write-ups. The HOME recipient must ensure that existing housing that will be acquired for homeownership is decent, safe, sanitary, and in good repair. At a minimum, such housing must meet all applicable state and local housing quality standards and code requirements, and contain no deficiencies, as set forth by HUD based on applicable Uniform Physical Condition Standards at 24 CFR 5.705. The HOME recipient must inspect the housing and document compliance based upon an inspection that is conducted no earlier than 90 days before the commitment of HOME assistance. Housing that does not meet these standards must be rehabilitated according to these standards or it cannot be acquired using HOME funds. All housing occupied by tenants receiving HOME TBRA must meet the standards established in 24 CFR 982.401 or any successor requirements established by HUD. 3: Department of Housing and Community Development 22 2018 HOME NOFA Construction of all manufactured housing, including manufactured housing that replaces an existing substandard unit under the definition of reconstruction at 24 CFR 92.2, must meet the Manufactured Home Construction and Safety Standards set forth in 24 CFR part 3280. These standards preempt state and local codes that do not conform to the federal standards for the new construction of manufactured housing. The HOME recipient must ensure that manufactured housing assisted with HOME funds complies with applicable state and local laws or codes. In the absence of such for installation of manufactured housing units. All new manufactured housing and all manufactured housing that replaces an existing substandard unit under the definition of must be on a permanent foundation that meets the requirements for foundation systems as set forth in 24 CFR 203.43f(c)(i). All new manufactured housing and all manufactured housing that replaces an existing substandard unit under the permanent utility hook-ups and be located on land that is owned by the manufactured housing unit owner or land for which the manufactured housing owner has a lease for a period at least equal to the applicable period of affordability. In HOME-funded rehabilitation of existing manufactured housing, the foundation and anchoring must meet all applicable state and local codes, ordinances, regulations, guidelines, and requirements. Manufactured housing that is rehabilitated using HOME funds must meet HOME property standards requirements of this section, as applicable. The HOME recipient shall document this compliance in accordance with inspection procedures established pursuant to 24 CFR 92.251, as applicable. III.State and federal requirements A. Housing Element compliance Pursuant to state HOME regulations section 8212(b)(1), the HOME project or HOME Program activity must be located in a locality which has adopted (per California Government Code section 65588) a housing element that has been found by HCD to be in substantial compliance with the requirements of Article 10.6 (commencing with section 65580) of Chapter 3 of Division 1 of Title 7 of the Government Code, pursuant to section 65585 of the Government Code. Housing element compliance must be established as of the NOFA application deadline date. To obtain housing element status, access this link: http://www.hcd.ca.gov/community-development/housing- element/index.shtml. 41 Department of Housing and Community Development 23 2018 HOME NOFA B. Physical needs assessment Pursuant to 24 CFR 92.251, housing that is constructed or rehabilitated with HOME funds must meet all applicable local codes and rehabilitation standards at the time of project completion. Projects involving rehabilitation must do sufficient rehabilitation to ensure the long-term viability of these projects. Pursuant to state UMR section 8309(b)(2), HCD requires RR project applicants to submit a third-party physical needs assessment. C. Timeframes for use of funds Recipients of HOME funds are subject to progress deadlines and expenditure deadlines that are defined in the state and federal regulations and specified in the Standard Agreement. Failure to meet applicable deadlines may potentially result in the assessment of penalties, potential recapture of HOME funds (spent and/or unspent), and point deductions from future NOFA applications: Table 5 - HOME Commitment and Expenditure Deadlines Deadlines 2017 Funds 2018 Funds Commitment (executed Standard Agreement October 2019 October 2020 with HCD) Expenditure (program completed) November 2021 November 2021 Expenditure (project completed) March 2022 March 2022 Projects If a project fails to meet one or more of the deadlines outlined in state HOME regulations 25 CFR section 8217, the applicant (city, county, developers applying directly, partner, may receive a performance penalty on the next project application in which they are involved. If a project fails to meet three or more deadlines, the applicant shall be held out of future project funding rounds until that project is completed, occupancy is obtained, all expenditures are made, and all necessary HOME funds are drawn. Program activities All program activities funds must be expended by the end of the 36th month following the award date. For example, if awards are made in December 2018, the expenditure deadline will be November 2021. Grantees must cease the processing of applications well in advance of the expenditure deadline to ensure that all work is completed prior to the expenditure deadline. Exceptions will be considered only if the state recipient shows there was clear and indisputable evidence of delays that were beyond the control of the borrower and/or the state recipient or that HCD was responsible for the delay. 42 Department of Housing and Community Development 24 2018 HOME NOFA D. Affordability requirements Rent levels shall be restricted for the periods of affordability set forth at the lesser of the rent levels permitted pursuant to the federal HOME regulations, or other rent levels approved by HCD. (The other rent levels approved by HCD would be the lower rents that the applicant commits to in its HOME application.) Exceptions to this requirement may be granted in writing by HCD for units receiving HUD Section 8 or other similar rental assistance, or wh integrity is in jeopardy due to factors that could not be reasonably foreseen. At initial occupancy by each household, household income levels must be restricted at the same AMI level as the proposed rent level for each unit. In projects with renewable project-based rental assistance, rents will be determined based on the amount of the tenant-paid portion of rent, and the property manager and/or owner must require that tenant income levels at initial occupancy be consistent with the designated AMI rent level for that unit as set forth in the HOME application. State Objective rent levels will be restricted for the entire HOME affordability period. from this restriction. Applicants proposing the use of Low Income Housing Tax Credits must apply to the Tax Credit Allocation Committee for the exact rent structure identified in the HOME project report. 1. Rental new construction activities a) Rental New Construction housing projects shall have affordability periods of 55 years, except projects developed on Indian Reservations or Native American lands, which will be for at least 50 years. 2. Rental rehabilitation activities a) Rental rehabilitation housing projects with acquisition shall have affordability periods of 55 years, except projects developed on Indian Reservations or Native American lands will be for at least 50 years (if the project is built on leased property). b) Rehabilitation without acquisition: Table 6 Rehab Period of Affordability Amount of HOME Minimum Period Assistance per Unit of Affordability more than $40,000 20 years $15,000 to $40,000 15 years less than $15,000 10 years 43 Department of Housing and Community Development 25 2018 HOME NOFA 3. Homebuyer activities Homebuyer activities shall have minimum affordability periods of: Table 7 Period of Homebuyer Affordability Amount of HOME Minimum Period Assistance per Unit of Affordability More than $40,000 15 years $15,000 to $40,000 10 years Less than $15,000 5 years Recapture requirements applicable to state recipients and CHDOs: Pursuant to federal HOME regulations 24 CFR section 92.254 and state HOME regulations section 8206.1(b)(3), if the home is sold prior to the end of the affordability period, the HOME loans are subject to recapture (i.e., the HOME loan must be paid off when the home is sold). Resale controls are not permitted, whether in the form of local resale controls or HOME resale controls. HCD may impose repayment requirements on HOME grant funds used for rehabilitation activities completed as part of a homebuyer program. The entire amount of the HOME loan may be recaptured by the local jurisdiction or by HCD in the case of CHDO loans. The amount of accrued interest recaptured may be reduced as permitted under the state HOME regulations. However, pursuant to 24 CFR 92.254, when the recapture requirement is triggered by a sale (voluntary or involuntary) of the home, and there are no net proceeds or the net proceeds are insufficient to repay the HOME investment due, only the net proceeds can be recaptured, if any. The net proceeds are the sales price minus senior loan repayments (other than HOME funds) and any closing costs. HOME loans made under the recapture option may also be assumed by subsequent HOME-eligible purchasers. Note: Applicants requesting funding for OOR, FTHB projects, and FTHB programs must submit documentation in their application (i.e., promissory note, deed of trust, regulatory agreement, etc.) showing specific recapture provisions to comply with HUD requirements established in 24 CFR 92.254(a)(5)(ii). HCD will submit the recapture provision documentation to HUD for review and approval. A Standard Agreement cannot be entered into between HCD and the applicant until HUD approves the recapture language. 44 Department of Housing and Community Development 26 2018 HOME NOFA 4. Owner-occupied rehabilitation (OOR) activities OOR activities have no affordability period. However, HOME funds must be provided as loans (except for relocation, lead-based paint remediation, administration, activity delivery costs, and the amount allowed as grants as necessary and not to exceed 25 percent of the applicable per-unit subsidy limits). Therefore, the loan must be repaid if the owner no longer occupies the home. E. Income eligibility HOME funds must be used for the benefit of low- and very low-income families. Refer to the Income Calculation and Determination Guide for Federal Programs, at http://www.hcd.ca.gov/grants-funding/income-limits/income-calculation-and- determination-guide.shtml. F. Match requirements HOME match requirements are waived for applications pursuant to this NOFA. However, need for other funding shall continue to be reported in the project Set-up and Completion Reports so that HCD can bank any additional match and continue to waive the match. Match sources include funding derived from below-market rate loans (even if these loans are not repaid to the HOME local account) state Low Income Housing Tax Credits, property tax waivers, bond financing, fee waivers, grants, and other sources. HCD will review all project Set-up and Completion Report forms to ensure that all reportable match funding has been included. For a HOME match calculation tool, see Resources. The HOME Contract Management Manual also contains additional information and resources on match, see http://www.hcd.ca.gov/grants-funding/active- funding/home/cmm.shtml. 45 Department of Housing and Community Development 27 2018 HOME NOFA G. Annual monitoring fees for multifamily projects Pursuant to 24 CFR section 92.214(b)(1)(i), participating jurisdictions, such as the state HOME Program, will charge fees to cover the cost of ongoing monitoring and physical inspection of HOME projects during the state period of affordability. The state HOME Program will charge these fees as described in this NOFA. For developer and CHDO projects HCD charges an annual monitoring fee as follows: Table 8 Monitoring Fees Number of Units 2018 12 or fewer $5,460 13 to 60 $10,920 More than 60 $16,375 To cover inflation, this fee shall increase by 3 percent per year unless HCD determines that the monitoring costs are increasing at a lower rate. Financial assumptions in the HOME application should be based on the rate that will be effective at the time of initial occupancy. Annual monitoring fees are mandatory payments. The first payment shall be prorated based upon the total number of days after completion falling within the first fiscal year. Lump sum payment made from development funds is not allowed for HOME projects. Payments made must be pursuant to the regulatory agreement. For state recipient projects Cities and counties may also charge annual monitoring fees to cover the ongoing cost of monitoring and conducting physical inspections for state recipient projects provided that: 1. The monitoring fee charged may be less than, but shall not exceed, the amount charged for state CHDO projects; 2. The monitoring fee shall be specifically stated in the state rloan documents; and 3. An amount equal to 10 percent of the monitoring fee, which is charged to a state recipient project, will be paid by the state recipient costs of monitoring the state r 46 Department of Housing and Community Development 28 2018 HOME NOFA H. Inspections for rehabilitation projects where HOME is the only source of financing In rehabilitation projects where HOME is the only source of financing (typically rehabilitation projects with no acquisition involved), inspections of progress must be conducted and formally documented prior to a draw down of HOME funds. CHDOs and developers must hire a third-party construction inspector for this purpose. State recipient I. Reporting requirements Awardee(s) must file regular reports each month (for projects) or each quarter for all other activities. Awardees are responsible for disclosing all changes to the activities from those disclosed in the HOME application. Such changes could include, but are not limited to, higher costs, the need for additional funds, the intent to apply for additional funds, changes in project financing, cost savings, environmental issues, project timeline changes, development team member changes, applicant Authorized Representative and/or applicant contact changes, changes in relationship among members of the development team, utility allowances, and availability of utility rebates. HCD may request documentation of the change as necessary to analyze the significance of the change. Failure to report accurately may result in a loss of points in future HOME funding rounds. Note: Monthly reports for project awardees must be filed starting the month the Standard Agreement begins and are due no later than the tenth day of the following month and the tenth day of each month thereafter until the project is completed. If the due date falls on a non-traditional business day, the report is due the next traditional business day. Annual performance reports are due the last traditional working day of July, following the end of the fiscal year ending June 30. J. Pet-Friendly Housing Act of 2017 This funding is subject to the Pet-Friendly Housing Act of 2017 (California Health & Safety Code, § 50466). Each applicant for a rental project is required to submit a signed and dated certification that residents of the housing development will be authorized to own or otherwise maintain one or more common household pets. kept in the home for pleasure rather than for commercial purposes. The certification must be included with the application. Submission of the certification is a prerequisite to the granting of an award under this NOFA. 47 Department of Housing and Community Development 29 2018 HOME NOFA K. Climate adaptation California Executive Order B-30-15 addressed the need for climate adaptation and ordered that: 1. All state agencies with jurisdiction over sources of greenhouse gas emissions shall implement measures, pursuant to statutory authority, to achieve reductions of greenhouse gas emissions to meet the 2030 and 2050 greenhouse gas emissions reductions targets. 2. State agencies shall consider climate change in their planning and investment decisions, and employ full life-cycle cost accounting to evaluate and compare infrastructure investments and alternatives. HCD strongly encourages HOME recipients to implement projects and program activities in a manner that reduces greenhouse gas emissions and adapts to climate change. L. Compliance with Violence Against Women Act Pursuant to Title VI Safe Homes for Victims of Domestic Violence, Dating Violence, Sexual Assault, and Stalking sections 601-603 and 81 CFR 80724, the Violence Against Women Act (VAWA) provides housing protections for survivors of domestic and dating violence, sexual assault, and stalking when it comes to finding and keeping a home they can feel safe in. VAWA applies for all victims of domestic violence, dating violence, sexual assault, and stalking, regardless of sex, gender identity, or sexual orientation, and which must be applied consistently with all nondiscrimination and fair housing requirements. VAWA -based and project-based Section 8 programs. VAWA now provides enhanced protections and options for victims of domestic violence, dating violence, sexual assault, and stalking. HOME recipients shall assure that all requirements of VAWA are complied with, including but not limited to, the following: 1. Domestic violence survivors are not denied assistance as an applicant, or evicted or have assistance terminated as a tenant, because the applicant or tenant is or has been a victim of domestic violence, dating violence, sexual assault, and stalking. 2. that allows for domestic violence survivors to move to another safe and available unit if they fear for their life and safety. 3. rotections against denials, terminations, and evictions that directly result from being a victim of domestic violence, dating violence, sexual assault, or stalking, if the applicant or tenant otherwise qualifies for admission, assistance, participation, or occupancy. 48 Department of Housing and Community Development 30 2018 HOME NOFA 4. low-c violence survivor need only to self-certify in order to document the domestic violence, dating violence, sexual assault, or stalking, ensuring third-party documentation does not cause a barrier in a survivor expressing their rights and receiving the protections needed to keep themselves safe. IV.Application review A. Rating and ranking HCD will rate, rank and fund applications based on review of all eligible activities for which funds are requested. The application must be submitted using HCD forms. The application must contain all information required pursuant to state HOME regulations sections 8211(c), (d), and (e). All scores for projects are subject to the appeal process described in section IV.B. Note: Each project or combination of program activities will be evaluated and ranked separately. Except as noted, if at the time the HOME rating and ranking process is underway and an application has been submitted for the same project for any California Housing Finance Agency (CalHFA) or HCD financing source, and is being recommended for such funding, HOME will count that financing as committed for rating purposes. For how CalHFA and HCD financing will be considered for that factor, see the State Objectives factor for special needs housing in section IV.B. Consult with CalHFA or the other HCD program(s) regarding their rating methodologies. HCD requires full disclosure in each HCD application of all pending and proposed applications for other HCD applications for the same project regardless of who is applying for funding (e.g., city, county, developer, sponsor, etc.). Pursuant to section 8212(d)(5) of the state HOME regulations, HOME project applications must receive a minimum score of 930 points to be funded. Applications will be funded in descending order. Applications that qualify for CHDO FTHB project and rural set-asides will be funded first based on their scores as necessary to meet the minimum set-asides. Once the set-asides have been achieved and the top ranked project developed on Indian Reservations or Native American lands has been selected, all remaining applications will be funded within their respective allocations pursuant to state HOME regulations section 8212.1 based on their scores relative to all other applications with the highest scoring application funded first. In the case of a tie score, the application demonstrating the highest jurisdictional poverty level will be funded first. If CHDOs and/or Tribes are applying from the same jurisdictional area, the lower of the average rent expressed as a percentage of area median income will be funded first. . 49 Department of Housing and Community Development 31 2018 HOME NOFA Minimum requirements: Applications for the HOME Program are not considered for funding unless the application demonstrates that the following minimum requirements have been met pursuant to section 8212 of the state HOME regulations: 1. The application was received by the deadline specified in this NOFA. 2. The applicant is eligible pursuant to state HOME regulations Sections 8204, 8204.1(c), and Appendix A of the NOFA. 3. The applicant proposes at least one eligible activity pursuant to state HOME regulations section 8205 (other than administration). 4. The use of funds is eligible per state HOME regulations sections 8205 and 8210(c). 5. The application is complete pursuant to state HOME regulations section 8211(b). 6. The applicant has no unresolved audit findings pursuant to state HOME regulations sections 8204(a)(1)(D) (ii) and (2)(C)(i). 7. The applicant has provided documentation satisfactory to HCD that it complies with the submittal requirements of 2 CFR Part 200.512 Single Audit reporting requirements. For more information, see section VII.A.4. 8. The applicant and any member of its program or project team is not on the list of debarred contractors at https://www.sam.gov/portal/public/SAM/ pursuant to state HOME regulations sections 8204(a)(1)(D)(iii) and (2)(C)(ii). 9. The total amount of funds requested for both administration and activity-specific costs does not exceed the limits identified in the NOFA. 10. The application form provided by HCD has not been altered or modified. 11. CHDO applications must contain procedures for ensuring effective project control pursuant to 24 CR 92.300(a)(1) and state HOME regulations section 8204(a)(2)(D). In addition, project applications must demonstrate 1. The project is financially feasible. 2013 HOME Final Rule, Section 92.250(b) requires that the s that it is not investing any more HOME funds alone or in combination with other governmental assistance than is necessary to provide quality affordable housing that is financially viable for a reasonable period (at minimum, the period of affordability). The federal period of affordability for HOME projects is 20 years. Pursuant to section 8212(a)(6) of the state HOME regulations and section 8310 of the state UMR, HCD must determine the project is financially feasible for at least 20 years to consider it for funding. Site development issues, local government approvals, development costs, project timing, project market, and other development factors will be evaluated in order to make this determination. Projects may be deemed unfeasible if information presented in the application results in unknown or uncertain project costs 4: Department of Housing and Community Development 32 2018 HOME NOFA and/or timelines. Therefore, the Sources and Uses form must contain line items for any project costs related to determining the feasibility of the project, including but not limited to, prevailing wages, environmental remediation (including mitigation of any recognized environmental conditions and other environmental hazards), elevation above a flood plain, and relocation. Applicants proposing projects on sites that were formerly orchards and/or vineyards may be required to submit an analysis of soil testing for pesticides remaining in the soil. If the proposed project site borders a railroad, whether currently operating or abandoned, HCD may require soils testing for metals, including but not limited to arsenic (arsenic has been commonly used along railroad lines for weed control). It is recommended this testing be performed prior to submitting the HOME application so the applicant can determine whether pesticide or arsenic remediation is required and include the cost for such remediation in the development budget. 2. The project has site control pursuant to state UMR section 8303. (Note: Projects must also meet HUD requirements regarding acceptable forms of site control; for more information, see section VII.A.4.) 3. There is no pending litigation that could affect implementation of the project as proposed. 4. For rental projects, that the project either complies with or is exempt from Article XXXIV of the California Constitution pursuant to state HOME regulations section 8212(a)(7); for more information on Article XXXIV, see section VII.B. Rental and FTHB Project Application Rating Points: Table 9 Project Application Rating Points Activity Maximum Points Available Rental new construction* 1550 RR* 1550 FTHB projects 1410 * For detailed self-scoring checklists for the rental new construction and RR applications, see the HOME Supplement. * Detailed rental new construction and RR scoring is shown in Table 10 HOME rental new construction project scoring. 5. A relocation certification is required even if the project site is vacant land. An applicant that asserts that its project does not require relocation must submit a detailed explanation, including supporting documentation, as to why no relocation (of tenants, farms, businesses, etc.) is required. Once HCD receives, reviews, and determines the information provided acceptable, 51 HCD will create a Certification Regarding Non-application of Relocation Benefits and Department of Housing and Community Development 33 2018 HOME NOFA Indemnification Agreement -) that must be executed by the applicant/borrower/sponsor prior to HCD . This Non-Relocation Certification is used by the applicant/borrower/sponsor of a housing project to show and certify that there will be no displacement (including, but not limited to, displacement of tenants, businesses, and farms) and therefore no relocation is required. Supporting documentation may include background information, project information, purchasing information, and/or reports from pro Division will make a legal determination as to whether a relocation plan is necessary after reviewing all of the information provided by the applicant. Examples of supporting documentation for the Non-Relocation Certification may include the following: Mini relocation plan with pictures of the vacant land Summary relocation report Scope of Work Renovated work report Letter from the project engineer stating the Scope of Work Sales contract evidencing the purchase of vacant land ALTA survey of (purchased) vacant land Property tax assessment for vacant land Photographic evidence of vacant land Note: Truly vacant land is not developed land nor agricultural land. If the property was vacated for the project, then relocation applies. A tenant is defined as someone who is living or storing his or her Reminder: Thorough and clear supporting information will lead to a more efficient review and creation of the Non-Relocation Certification. 52 Department of Housing and Community Development 34 2018 HOME NOFA B. Application scoring and evaluation Table 10 - HOME Rental New Construction and Rental Rehabilitation Scoring Factor Sub-factor (if any) Points Housing Element: with state Housing Element Law as of August 6, 2018, the NOFA due date, as defined at state HOME regulations section 8201(t). Newly formed cities are not required to be in compliance. Projects 50 developed on Native American lands as defined in state HOME regulations section 8201(y)(1) and CHDOs and developers shall receive full points in this category. For more information, see: http://www.hcd.ca.gov/community- development/building-blocks/other-requirements/housing-element-annual- progress-reports.shtml Direct HOME allocation declined: Activities proposed within a jurisdiction eligible for a direct HOME allocation from 50 HUD wherein the jurisdiction declined the allocation to preserve eligibility for this NOFA. Activities proposed in a rural community. 50 Prior applicant experience in the implementation of local, state or federal affordable housing or community development projects in the last seven years 50 (calendar years 2011 2017). Prior development team experience in developing the same type of subsidized project as proposed in the application in the last five years (calendar years 2013 200 2017). Prior performance Performance factor #1: Missed project deadlines of of the applicant, the applicant, developer, owner, and managing general developer, owner, partner, for deadlines occurring by the HOME application and managing deadline of August 6, 2018. Points will be deducted for general partner (if missed deadlines as follows: 5 points for the permanent Maximum the project has one) financing deadline, 10 points for the project set-up deduction in all HOME project deadline, 10 points for the construction loan-closing of 200 contracts (rental deadline, 80 points for the completion deadline, and points and FTHB) which 20 points for the expenditure deadline. were awarded between 2013 and 2017 53 Department of Housing and Community Development 35 2018 HOME NOFA Prior performance Performance factor #2: Late reports of the applicant. - continued - Up to 50 points may be deducted for late monthly reports, late quarterly PI reports due for both program and project contracts that were due between January 1, Maximum 2013December 31, 2017, late project completion deduction Reports due during this time period and for the Annual of 50 points Performance Report due in 2017. HCD reserves the right to deduct points even if the Annual Report is on time but prepared inaccurately. Performance factor #3: Up to 200 points will be deducted if applicants, developers, owners, and managing general partners, between January 1, 2013 Maximum December 31, 2017 have made a material deduction misrepresentation of any requirement or fact in an of 200 application, project report or other document submitted to points HCD including, but not limited to, that which jeopardizes sk of a HUD monitoring finding. Performance factor #4: Noncompliance with monitoring requirements identified in the last five years (i.e., January 1, 2013 December 31, 2017). There are two distinct sub-categories: First, applicants, owners, and managing general partners who have not complied with monitoring requirements identified by HCD in the last five years will lose up to 100 points. Second, points will also be deducted for the following late reports associated with occupied HOME rental projects Maximum (HCD will calculate these deductions for only applicants, deduction owners, and managing general partners involved in 2018 of 100 project applications, so advance notice will not be points provided on the status of these reports): State recipients 10 points will be deducted for each late Annual Monitoring Report due to HCD between January 1, 2013 and December 31, 2017. CHDOs 5 points will be deducted for each late Annual Operating Budget and each late Annual Report due to HCD between January 1, 2013 and December 31, 2017. All applicants start with 200 points. Performance points noted immediately above are deductions from these points. The maximum point deduction for 200 performance is 200 points. 54 Department of Housing and Community Development 36 2018 HOME NOFA Community Need: see Appendix H of this NOFA for community need point 250 scoring by activity type (located on the HOME NOFA webpage). Project feasibility Compliance with state and federal requirements (including 195 UMRs for rental projects) Highest percentage of HOME-assisted units 5 Project readiness For detailed project readiness factors for rental projects, see the HOME Supplement. For homebuyer projects, see the Homebuyer Project Application (Part B). Rating points for PDP will be awarded if the required* item has been prepared within the applicable timeframes, submitted, and meets the basic requirements specified in 300 the HOME Supplement. PDP items will be reviewed to make a feasibility determination for the applications scoring high enough to be funded. * Under this NOFA, the Geotechnical Report is not required with the application and will not be considered for scoring purposes. See HOME Supplement for details. State objectives 100% financing committed or noncompetitive: 55 points will be awarded for projects that have 100% of their non-state HOME permanent financing committed by August 6, 2018. 85 Projects proposing 4% tax credits qualify for these points if all commitments other than tax-exempt bonds, 4% tax credit proceeds, AHP, and deferred developer fees are in place. Overcoming impediments to fair housing. 35 points will be awarded to rental and FTHB projects proposed in census tracts where total minorities are not overrepresented by 35 more than 20 percentage points compared to the percentage of total minorities in the county. 55 Department of Housing and Community Development 37 2018 HOME NOFA Special objectives Special needs populations: Up to 80 points will be 80 (cont.) awarded to rental projects with funding commitments that are proposing to target special needs populations, including farmworkers, using any of the following financing sources: HUD 811, HUD Supportive Housing Program, or the state Mental Health Services Act (MHSA). Projects applying for other HCD special needs population funding also qualify if HCD determines the project will receive funding under these programs. Points will also be awarded to projects that provide project-based rental assistance under the terms of an MHSA or Veterans Affairs Supportive Housing Voucher (HUD-VASH). See State Objectives Table 11. -- or -- Homelessness: Up to 80 points shall be awarded to projects serving people experiencing homelessness. See State Objectives Table 11. -- or Access to Opportunity: 80 points will be awarded for projects located in areas of opportunity within the TCAC Opportunity Map. http://www.treasurer.ca.gov/ctcac/opportunity.asp TOTAL POINTS RENTAL PROJECTS 1,550 Table 11 -- State Objectives: Special Needs Populations Percent of Units Designated by the Funding Source as Special Needs Units Points 30% or more 80 25% 65 20% 52 15% 39 10% 26 5% 13 Credits and additional point-deduction rules: 1. Credit for good performance on the same project with missed deadlines The deducted points for each specific project will be restored if all of the following events have occurred by the application due date for the same project: a) The project has been completed, (i.e. the final Certificate of Occupancy has been issued and provided to HCD and the Notice of Completion has been filed in the County ). 56 Department of Housing and Community Development 38 2018 HOME NOFA b) The Project Completion Report, showing that all HOME units are occupied, has been received by HCD. c) All HOME funds were expended by the original expenditure deadline in the Standard Agreement. 2. Credit for other completed HOME projects Further, points will be partially restored to the extent there are other completed HOME projects involving the applicant, developer, owner, or managing general partner, awarded between June 1, 2012 and December 31, 2017. Points will be restored at the rate of 5 points for each completed HOME project that was awarded HOME funds between June 1, 2012 and December 31, 2017. For example, one of d in this timeframe missed the completion deadline, resulting in an 80-point deduction. Two projects awarded HOME funds between June 1, 2012 and December 31, 2017 have been completed. 10 points (2 projects X 5 points) offset the 80-point deduction. 3. Additional point deduction rules a) Pursuant to state HOME regulations section 8217, applicants who disencumbered a project contract between June 1, 2012 and December 31, 2017 and their developers, owners, and managing general partners, (if any), for these projects will still receive point deductions according to the above schedule for the deadlines the project did not meet before the contract was disencumbered. b) Point deductions for projects subject to the holdout penalty (state HOME regulations section 8217(b)(3). Certain applicants that have not received a waiver of the holdout penalty pursuant to state HOME regulations section 8217(c) may now be eligible to apply because the project in question meets a specific performance standard identified in the state HOME regulations. This requirement states the project has been completed, occupied, all funds have been expended, and all necessary HOME funds have been drawn pursuant to state HOME regulations section 8217(b)(3)(A). These applicants are still subject to a performance penalty of up to 50 points on their next HOME application following the holdout penalty, along with the project managing general partner pursuant to state HOME regulations 8217(b)(3)(B). Rental project scoring, notification, and appeal process Rental project application scoring is expected to be completed by December 2018. Emails will be sent to the authorized representative and contact person listed in the application describing the scores and facts upon which those scores were determined. 57 Department of Housing and Community Development 39 2018 HOME NOFA Appeals 1. Basis of appeals a) Upon receipt of HCDbeen determined to be incomplete, fail the threshold, or have a reduction to the preliminary point score, applicants under this NOFA may appeal such decision(s) to HCD pursuant to this section. b) No applicant shall have the right to appeal a decision of HCD relating to another related thereto. c) Prior Program NOFAs. The appeal process provided herein applies solely to decisions HCD made in this program NOFA and does not apply to any decisions made with respect to any previously issued NOFAs or decisions to be made pursuant to future program NOFAs. 2. Appeal process and deadlines a) Process: In order to lodge an appeal, applicants must submit to HCD, by the deadline set forth in subsection (b) below, a written appeal which states all relevant facts, arguments, and evidence upon which the appeal is based. Furthermore, the applicant must provide a detailed reference to the area(s) of the application that provide clarification and substantiation for the basis of the appeal. No new or additional information will be accepted if this information would result in a competitive advantage to an applicant. Once the written appeal is submitted to HCD, no further information or materials will be accepted or considered thereafter. Appeals are to be submitted to HCD either via email at HOMENOFA@hcd.ca.gov or at the following address: Charles Gray, Manager NOFA/Awards Section Department of Housing and Community Development 2020 W. El Camino Avenue, Suite 500 Sacramento, California 95833 HCD will accept appeals through a carrier service that provide date stamp verification of delivery such as the U.S. Postal Service, UPS, Fed Ex, or other carrier services. Deliveries must be received during HCD weekday (non-state holiday) business hours of 9:00 a.m. to 5:00 p.m. Pacific Standard Time. Emails to the email address listed above will be accepted as long as the email time stamp is prior to the appeal deadline. b) Filing deadline. Appeals must be received by HCD no later than five (5) business days from the date of HCD, or preliminary point score determination letters representing HCD application. 58 Department of Housing and Community Development 40 2018 HOME NOFA Decision Any request to amend s decision shall be reviewed for compliance with the state and federal HOME regulations and UMR (if applicable), the June 5, 2018 HOME application for funding, and any subsequent clarifying documents such as the HOME Program It is HCD business days of receipt of the applicant. All decisions rendered shall be final, binding, and conclusive and shall constitute the final action of HCD with respect to the appeal. Effectiveness In the event that the statute, regulations, and/or guidelines governing this program contain an existing process for appealing decisions of HCD with respect to NOFA awards made under such programs, then this section shall be inapplicable and such existing authority shall govern all appeals. 59 Department of Housing and Community Development 41 2018 HOME NOFA Table 12 - HOME Program Activities Rating Factors Factor Sub-factor (if any) Points Housing element: compliance with state Housing Element Law as of August 6, 2018, as defined at section 8201(t) of the state HOME regulations. 50 Newly formed cities are not required to be in compliance. Projects developed on Native American lands as defined in state HOME regulations section 8201(y)(1) and CHDOs shall receive full points in this category. For more information, see http://www.hcd.ca.gov/hpd/hrc/plan/he/status.pdf. Direct HOME allocation declined: Activities proposed within a jurisdiction eligible for a direct HOME allocation from 50 HUD wherein the jurisdiction declined the allocation to preserve eligibility for this NOFA. Activities proposed in a rural community. 50 Prior experience of the applicant in administering HOME and/or other local, state or federal affordable housing or community development programs in the last 100 seven years (calendar years 2011 2017). Prior Performance factor #1: Up to 50 points will be deducted for performance of late or missing reports. In assigning these points, HCD will the applicant Maximum and quarterly PI reports (for both program activity and project deduction of contracts numbered 14-HOME through 16-HOME), and 50 points Annual Performance Reports for FY 14-15, 15-16, and 16-17. HCD reserves the right to deduct points even if the Annual Report is on time but prepared inaccurately. Performance factor #2: Up to 100 points will be deducted for Maximum noncompliance with monitoring or contract requirements deduction of identified in the last five years (i.e. January 1, 2013 thru 100 points December 31, 2017). Note: All applicants start with 150 points. Performance points are deductions from the two factors above. The maximum point deduction for performance is 150 150 points. Community need: See Appendix H of this NOFA for community need point scoring by activity type. (Located on the HOME NOFA webpage underneath the 250 NOFA) 5: Department of Housing and Community Development 42 2018 HOME NOFA Project Activity-specific criterion as specified: feasibility FTHB programs: number of units that have sold in the city or county over the preceding 12-month period and are affordable to lower-income families, given the proposed HOME assistance. -- or -- Up to 75 OOR programs: number of overcrowded households by tenure and the age of the housing stock by tenure, in the city or county as reflected in U.S. Census data. -- or -- TBRA Programs: overpayment by renter households as reflected in U.S. Census data. Extent program guidelines reflect state and federal 25 requirements. State Objectives (200 points) Higher Ninety points will be awarded to applicants with an expenditure 90 expenditure rate of 60%. Sixty points will be awarded to applicants with an rates expenditure rate of 55% - 59.99%. Expenditure rates will be calculated in the same manner as the 50% threshold requirement described in section II.A. One hundred ten (110) points to be awarded for access to Access to opportunity and homelessness actions. These points will be 110 opportunity and awarded to applicants with local governments that have: homelessness 1) Identified in the access to opportunity strategies at least one activity in each of the three categories: Outreach and engagement, prioritize and diversify investment; and encourage housing choices in higher opportunity neighborhoods. 2) Either applied for TBRA, or has identified in the homelessness strategies at least one action in each of the following three areas: zoning and land use, funding, and data outreach and coordination. To receive these points, applicants must submit, Appendix I: HOME State Objective Criteria and Scoring Form. TOTAL POINTS FOR PROGRAMS 950 61 Department of Housing and Community Development 43 2018 HOME NOFA V.Application submittal procedures and deadline A. Applications website: Rental project application Universal Rental Project application Form (XLS) HOME Supplement to Universal application (DOC) Developer Capacity Form (XLS) Deeper Affordability Targeting and Minority Concentration State Objective Worksheets (XLS) Developer Fee Calculation Worksheets (XLS) FTHB project application FTHB Summary application (XLS) FTHB Project application (DOC) FTHB Developer Capacity (XLS) FTHB Project application Worksheets (XLS) Minority Concentration State Objective Worksheet (XLS) Program activities application Part A - Program activities Summary application Instructions, Resolution, and Certifications (DOC) Part A - Program activities Summary application (XLS) Part B - Program activities application (DOC) Part B - FTHB Feasibility Worksheet - Mortgage Assistance (XLS) Part B - First-Time Homebuyer Program Feasibility Worksheets - Infill New Construction Programs (XLS) Part B - Developer Capacity Form (XLS) Applicants seeking access to opportunity and/or homelessness state objective points for program activities must complete and submit the State Objective Criteria and Scoring Form (Appendix I) with the application package. Applicants must submit separate application forms and supporting documentation in separate binders for each activity (e.g., Project 1, Project 2); however, program activities must be combined together in one 3-ring binder, as noted in the examples below. In addition, rental project applicants must submit one copy of their completed Universal application Form (excel format), HOME Supplement, and all project development plan (PDP) attachments on one PC-compatible compact disc (CD) or USB flash drive, that includes a copy of the application with signatures. Unprotect electronic worksheets for HCD use when preparing project reports. The application, attachments, and major sections of an application binder must contain tabbed dividers. 62 Department of Housing and Community Development 44 2018 HOME NOFA Examples 1. An applicant wishes to apply for a HOME rental project and for a FTHB project. The applicant must submit separate binders and one CD or USB flash drive as follows: a) the original universal application form, the HOME Supplement, and all attachments for the rental project (binder 1) b) one copy of the universal application form, the HOME Supplement, and all PDP attachments on one CD or USB flash drive c) the original FTHB Project application Part A, Part B, and all attachments for the FTHB project (binder 2) 2. An applicant wishes to apply for a HOME rental project and for both FTHB program and TBRA program activity funds. The applicant submits two separate binders and one CD or USB flash drive as follows: a) The original Universal Application Form, the HOME Supplement, and all attachments for the rental project (binder 1) b) One copy of the Universal Application Form, the HOME Supplement, and all PDP Attachments on one CD or USB flash drive c) The original of the Program activities application Part A, Part B, and all attachments for the FTHB and TBRA activities (binder 2) Note: Separate and complete Part B application forms must be submitted for each program activity for which you are applying, such as, FTHB and TBRA. Rental new construction project applicants requesting HOME funds for deep affordability targeting are also required to submit a second set of documents pertaining to their project (for more information, see section II.F.). B. Application packaging and submittal A complete original application, and electronic copies on CD or USB flash drive with all applicable information must be received by HCD no later than 5:00 p.m. Pacific Standard Time on August 6, 2018. HCD will only accept applications delivered through a postal carrier service that provide date stamp verification confirming delivery to HCD such as U.S. Postal Service, UPS, FedEx, or other carrier services. Contact HCD if delivery is not completed by fault of the private courier/U.S. Mail. Personal deliveries are not accepted. The delivery address is: Department of Housing and Community Development Division of Financial Assistance, NOFA Section HOME Program 2020 W. El Camino Avenue, Suite 500 Sacramento, CA 95833 63 Department of Housing and Community Development 45 2018 HOME NOFA Applications that do not meet the filing deadline requirements will not be eligible for funding. Applications must be on HCD forms and cannot be altered or modified by the applicant. Excel forms must be submitted as an Excel document, not a PDF document. Applications must meet all eligibility requirements upon submission. Applications having material internal inconsistencies will not be rated and ranked. It is the applicant responsibility to ensure that the application is clear, complete, and accurate. After the application deadline, HCD staff may contact applicants for assistance in locating specific information in the application. In addition, HCD may, in its sole discretion, request an applicant supply clarifying information, provided that such information does not affect the competitive rating and ranking of the application. This clarifying information may be used by HCD to make a determination of whether the project is financially feasible pursuant to state HOME regulations section 8212(a)(6)(a) and complete pursuant to section 8211. No information, whether written or oral, will be accepted if the provision of such information would result in a competitive rating point advantage to the applicant or a competitive rating point disadvantage to other applicants. is incomplete or incorrect, HCD will consider all information within the application to determine if there is sufficient information to assign a score. C. Application workshop Applicants for HOME funds are strongly encouraged to attend the applicable workshops to gain information critical for preparing a competitive application, which will be discussed at the workshops. For the list of workshop dates, times, and locations, http://www.hcd.ca.gov/grants-funding/active-funding/home.shtml. Application workshops will be available for sign up through Eventbrite. HOME FTHB Subdivision Projects Workshop This workshop will be conducted via a conference call and will provide an overview of the FTHB subdivision project application. HOME Rental Project Workshop This in-person workshop will cover Rental New Construction and Rental Rehabilitation (with or without Acquisition) projects only. HOME Program activities Workshops This in-person workshop will cover FTHB, OOR and TBRA program activities. If you have questions regarding any of these workshops, send an email to HOMENOFA@hcd.ca.gov. 64 Department of Housing and Community Development 46 2018 HOME NOFA D. Disclosure of application Information provided in the application will become a public record available for review by the public pursuant to the California Public Records Act (Chapter 1473, Statutes of 1968). As such, any materials provided will be disclosed to any person making a request under this Act. HCD cautions applicants to use discretion in providing information not specifically requested, including but not limited to, bank account numbers, social security or taxpayer identification numbers, and personal phone numbers and home addresses. By providing this information to HCD, the applicant is waiving any claim of confidentiality and consents to the disclosure of submitted material upon request. VI.Award Announcements and Contracts A. Award Announcement HCD intends to send award letters in December 2018 for all successful applicants. If a Standard Agreement is not ready for a construction loan closing, then the borrower and other construction lenders or any other party associated with the project must rely on the issuance of an estoppel letter that will be issued (if requested) at the construction loan closing stage. Updates on planned awards and contract status will be provided through the HCD Listserv system. To be added to this list, go to http://www.hcd.ca.gov/hcd-subscribe.html, scroll down to the HOME Program and select the email alert lists you wish to receive. B. Contracts Awardee(s) will enter into a Standard Agreement with HCD. The Standard Agreement contains all the relevant state and federal requirements, as well as specific information about the award and the work to be performed. Projects must meet an October 2019 construction loan-closing deadline or funding will no longer be available. There will be no exceptions. In addition, all projects are required to close all permanent loans by March 2022. The Standard Agreement will contain deadlines that are consistent with federal requirements; failure to meet these deadlines will be considered a material breach of the Standard Agreement. Note: The Standard Agreement will be delayed if awardee does not timely provide HCD with all entity resolutions and other entity documentation (e.g., bylaws, articles of incorporation, 501(c)(3) certification, certificate of good standing), which evidences that Awardee has the legal authority to contract with HCD. A condition of award will be that a Standard Agreement must be executed by the awardee(s) within 90 days (Contracting Period) of HCD. Failure to execute the Standard Agreement(s) within the Contracting Period may result in award cancellation. The awardee(s) shall remain a party to the Standard Agreement for the entire term of the Standard Agreement; removal of the awardee(s) shall be prohibited. 65 Department of Housing and Community Development 47 2018 HOME NOFA VII.Overlays A. Federal overlays All activities funded with HOME funds federal 24 CFR 92.350, et seq of the HOME Final Rule. Compliance with these requirements include but are not limited to: the NEPA; state and federal prevailing wage; relocation; equal opportunity and fair housing; affirmative marketing; Section 504 and the Americans with Disabilities Act; Section 3 (employment of low-income persons);Single Audit report 2 CFR 200. Failure to comply with federal overlays could result in significant project cost increases, rejection of the HOME application, or loss of points in current or future HOME funding rounds. 1. National Environmental Policy Act (NEPA) Once the HOME application has been submitted to HCD, and before the NEPA Authority to Use Grant Funds (AUGF) has been issued, the applicant and any - defined in the next paragraph. applicantl and/or state funds, and thus applicants must take great caution before proceeding with project activities. Any action on the site or on behalf of the project by anyone is a choice-limiting action if it occurs after the HOME application has been submitted to HCD and before the AUGF is issued. -, among other things, the execution of any agreements (such as loan documents) for any funds (not just HOME funds), the purchase of the site, any construction loan closing (not just the HOME loan), any payment of local fees, and any site work, other than annual weed control. Note: Pursuant to NEPA regulations, certain activities are not considered choice- limiting actions regardless of when they are carried out. These activities include, but are not limited to, such things as: environmental and other studies; resource identification and development of plans and strategies; submitting funding applications, inspections and testing for hazards or defects; purchase of insurance; payment of principal and interest on loans made or obligations guaranteed by HUD; and assistance for improvements that do not alter environmental conditions and are necessary to address the effects from disasters or imminent threats to public safety. For more information on activities not considered choice-limiting actions, see 24 CFR 58.34. 66 Department of Housing and Community Development 48 2018 HOME NOFA - problems: a) The site may be purchased or a long-term lease may be entered into consistent with the UMR requirements, prior to submitting the HOME application. b) An option to purchase may be obtained, conditioned on the responsible entity's determination to proceed with, modify, or cancel the project based on the results of a subsequent environmental review, and the receipt of an AUGF from HCD for state recipient projects and from HUD for CHDO projects. The cost to secure the site control document can only be a nominal portion of the purchase price. For more details on required and prohibited provisions of agreements consistent with NEPA, see - HOME webpage under Resources. c) A Purchase Agreement, Disposition and Development Agreement (DDA), Option to Lease, or Exclusive Right to Negotiate may be obtained, but this agreement cannot be conditioned on NEPA clearance or any other federal requirement. General HUD rules state that purchase agreements are acceptable if federal funds are not contemplated. Applicants are cautioned to make sure that the Purchase Agreement or DDA is open-ended or is of sufficient duration that it does not need to be extended after the HOME application is submitted. HUD has ruled that if a Purchase Agreement/DDA expires after the HOME application is submitted, and before the AUGF is executed, the execution of an extension would be a choice-limiting action (renewal prior to expiration is acceptable). The application also should ensure the Purchase Agreement/DDA has other contingencies, such as a permanent financing contingency, so that the seller cannot legally compel an individual to purchase the site prior to receiving the AUGF. d) A conditional purchase contract may also be used for an existing single-family home (1 to 4 units) or an existing multifamily residential project in some limited circumstances even when federal funds have already been contemplated. For more information, ources. For all new construction projects and some rehabilitation projects, compliance with NEPA is evidenced by an AUGF. HUD issues the AUGF for CHDO and developer projects and by HCD for state recipient projects. For the few rehabilitation projects not requiring an AUGF, state approval of the environmental documentation is still required prior to taking any choice-limiting actions. For a thorough explanation of the NEPA process, see Chapter V of the HOME Contract Management Manual at http://www.hcd.ca.gov/grants-funding/active- funding/home/cmm.shtml. HCD encourages starting the preparation of the NEPA Environmental Assessment (EA) as soon as possible, but no later than receipt of an award letter. 67 Department of Housing and Community Development 49 2018 HOME NOFA For rental projects, Project Reports will frequently have conditions requiring additional analysis of environmental impacts. Submit any general questions regarding choice-limiting actions, or the levelof environmental clearance required of your program or project, to HOMENOFA@hcd.ca.gov prior to taking any action concerning your proposed HOME Program or project. The application must disclose all environmental hazards, and, if awarded funding, HCD must be kept fully informed regarding all environmental issues that arise. Failure to do so will be considered a material misrepresentation and result in a performance point penalty for all members of the development team. Note that HCD is unable to give legal advice to applicants regarding a specific project or program. If you have specific questions regarding what constitutes a - or the environmental laws affecting your project or program, you will need to consult with a legal advisor or other professional consultant for advice prior to taking any actions on your project or program. 2. Federal prevailing wage requirements (Davis-Bacon Wage Requirements) Federal prevailing wages must be paid on projects involving site development, construction, and rehabilitation where there are 12 or more HOME-assisted units. The HOME applicant and the construction contractor must ensure that the Davis- Bacon Wage Requirements as well as state prevailing wage laws are followed. The Sources and Uses submitted with the HOME application will be examined to ensure that prevailing wage costs have been considered (state and federal, if applicable). CHDOs are required to hire an outside consultant to act as a Labor Standards Coordinator. If the HOME applicant does not have existing staff to enforce federal labor standards, then it is highly recommended that an outside labor consultant be hired. Homebuyer self-help projects with 12 or more HOME-assisted units may be excluded from Davis-Bacon wage requirements if either of the following applies: a) Site development was completed before the HOME application, the use of HOME funds was not contemplated when the site development was completed, and there are no agreements or contracts for more than 11 HOME units. If the use of HOME was contemplated before the site development was completed, Davis-Bacon wages must be paid on the entire project; or b) If the self-help families purchase finished lots and contract individually with the General Contractor for construction of their homes, and there are no other construction contracts or subcontracts that cover more than one unit. 68 Department of Housing and Community Development 50 2018 HOME NOFA 3. Relocation Relocation costs must be paid if individuals or businesses will be temporarily or permanently displaced as a result of a HOME-assisted project. Specifically, federal relocation renitiation of n. For a discussion of relocation notice requirements, and what constitutes the ION, see the HOME Contract Management manual at http://www.hcd.ca.gov/grants- funding/active-funding/home/cmm.shtml. Submit questions regarding ION determinations to HOMENOFA@hcd.ca.gov. This recommendation applies to all rental and FTHB projects involving any relocation activities. An accurate determination is critical because relocation costs may be higher if an earlier ION date is necessary. Applications for tenant-occupied properties must have already provided the General Information Notice (GIN) to all tenants by the date of the ION. The Sources and Uses submitted with the application must adequately budget for relocation costs. Consistent with federal relocation requirements prohibiting economic displacement, if rents for existing tenants will increase, a transition reserve must be budgeted to maintain rents for existing tenants at the higher of 30 percent of their income at ION or the rent at the time of ION, not including regular increases in expenses, for as long as they live in the project. Homebuyer 90-Day Vacancy Rule: Relocation requirements will also be triggered if a FTHB proposes to purchase a home that has been occupied by a renter in the 90 days preceding the date of the purchase agreement. Exceptions to this rule can be made by HCD on a case-by-case basis with adequate third-party documentation that the tenant moved for reasons unrelated to the sale of the property, such as the tenant moving for another job. Normally, relocation will not be triggered for OOR or TBRA programs. However, temporary relocation costs are an eligible HOME grant expense. 4. Procurement requirements for state recipients using administrative subcontractors Except for procurement of the NEPA consultant, which can be accomplished using the small purchase procurement method (i.e., by use of informal price quotations), state recipients using Administrative Subcontractors paid with HOME Funds must follow a competitive Request for Qualifications (RFQ) or Request for Proposals (RFP) procurement process to select the administrative subcontractor. For information on this procurement process, see the HOME Contract Management Manual at http://www.hcd.ca.gov/grants-funding/active-funding/home/cmm.shtml 69 Department of Housing and Community Development 51 2018 HOME NOFA 5. Single Audit Report documentation -- 2 CFR 200.512 Local governments that expend in excess of $750,000 in federal funds during the fiscal year are required to submit a Single Audit Report package to SCO. The 2016-17 audit package was due by March 31, 2018. HCD will make the determination on the status of compliance as of August 6, 2018 by consultation with SCO only. Jurisdictions that are exempt from filing a Single Audit Report package because the level of federal funds is below the threshold must also submit a copy of the letter to SCO notifying their exempt status with their HOME application. For more information on the required content of the letter, see http://sco.ca.gov/aud_exempt_entities.html. Note: It is strongly recommended that each applicant check with SCO to confirm receipt of a complete Single Audit Report package submission by the NOFA list. http://sco.ca.gov/Files- AUD/SingleAud/statusreport.pdf. Questions regarding compliance with the submittal requirements can be directed to HOMENOFA@hcd.ca.gov. HCD will only be able to indicate whether a jurisdiction is Single Audit Status Report. Technical questions related to why the jurisdiction is deemed not in compliance must be directed to SCO. B. State overlays Rental project only - Article XXXIV of the California Constitution Article XXXIV requires local voter approval before any state public body can develop, construct, or acquire a low-rent housing project in any manner. However, the Public Housing Election Implementation Law (California Health & Safety Code, §§ 37000 37002) provides clarification as to when Article XXXIV is applicable. Health and Safety Code section 37001, for example, lists a number of project types that are not considere- Applicants must submit documentation that shows exemption from Article XXXIV. If a project is subject to Article XXXIV, HCD requires an allocation letter from the locality, which shows that there is Article XXXIV authority for the project. A local government official with authority should prepare the allocation letter, and it should include the following: 1. The name and date of the proposition, and the number of units that were approved 2. A copy of the referendum and a certified vote tally 6: Department of Housing and Community Development 52 2018 HOME NOFA 3. (i.e., the number of units that are still available for allocation) 4. The number of units that the locality will commit to this project If a project is statutorily exempt from Article XXXIV, HCD requires an Article XXXIV counsel. The Article XXXIV opinion letter must demonstrate that the applicant has considered both the legal requirements of Article XXXIV and the relevant facts of the project (e.g., the level of participation by all state public bodies, the number of low-income restricted units, and the general content of any regulatory restrictions). Any conclusion that a project is exempt from Article XXXIV must be supported by facts and a specific legal theory for exemption that itself is supported by the Constitution, statute, and/or case law. VIII.Other terms and conditions A. Right to modify or suspend HCD reserves the right, at is sole discretion, to suspend, amend, modify or supplement the provisions of this NOFA at any time, including without limitation, the amount of funds available hereunder. If such an action occurs, HCD will notify all interested parties via listserv and will post the revisions to the HCD website. Be sure to subscribe. Should HCD receive additional HOME funds after the NOFA application deadline but before any awards are made, HCD, in its sole and absolute discretion, may elect to increase the total amount of funds available to be awarded under this NOFA to fund those applications that were already received by the application deadline. Making such additional funds available shall not serve to extend or change the application deadline set forth in this NOFA, or grant applicants any additional rights under this NOFA. B. Conflicts In the event of any conflict between the terms of this NOFA and either applicable state or federal law or regulation, the terms of the applicable state or federal law or regulation shall control. Applicants are deemed to have fully read and understand all applicable state and federal laws, regulations, and guidelines pertaining to the HOME Program, and understand and agree that HCD shall not be responsible for any errors or omissions in the preparation of this NOFA. 71 Department of Housing and Community Development 53 2018 HOME NOFA RESOLUTION NO. 2018 - ____ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH AUTHORIZING THE SUBMITTAL OF AN APPLICATION TO THE CALIFORNIA STATE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR FUNDING UNDER THE HOME INVESTMENT PARTNERSHIPS PROGRAM; AND IF SELECTED, THE EXECUTION OF A STANDARD AGREEMENT, ANY AMENDMENTS THERETO, AND OF ANY RELATED DOCUMENTS NECESSARY TO PARTICIPATE IN THE HOME INVESTMENT PARTNERSHIPS PROGRAM. WHEREAS, The California Department of Housing and Community Development (the “Department”) is authorized to allocate HOME Investment Partnerships Program (“HOME”) funds made available from the U.S. Department of Housing and Urban Development (“HUD”). HOME funds are to be used for the purposes set forth in Title II of the Cranston-Gonzalez National Affordable Housing Act of 1990, in federal implementing regulations set forth in Title 24 of the Code of Federal Regulations, part 92, and in Title 25 of the California Code of Regulations commencing with section 8200; and WHEREAS, on June 5, 2018, the Department issued a Notice of Funding Availability announcing the availability of funds under the HOME program (the “NOFA”); and WHEREAS, in response to the June 2018 HOME NOFA, City of Ukiah, a political subdivision of the State of California (the “Applicant”), wishes to apply to the Department for, and receive an allocation of, HOME funds. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ukiah as follows: Section 1 In response to the June 2018 HOME NOFA, the Applicant shall submit an application to the Department to participate in the HOME program and for an allocation of funds not to exceed Five Million One Hundred Thousand Dollars ($5,100,000) for the following activities: 31-Unit Affordable Senior Rental Housing Apartment Complex $5,000,000 Activity Delivery $ 50,000 General Administration $ 50,000 Total$5,100,000 Project activities will be located in the City of Ukiah. Section 2 If the application for funding is approved, then the Applicant hereby agrees to use the HOME funds for eligible activities in the manner presented in its application as approved by the Department in accordance with the statutes and regulations cited above. The Applicant may also execute a standard agreement, any amendments thereto, and any and all other documents or instruments necessary or required by the Department or HUD for participation in the HOME program (collectively, the required documents). Њ 72 Section 3 The applicant authorizes the City Manager or his/her designee(s) to execute, in the name of the applicant, the required documents. PASSED AND ADOPTED at a regular City Council meeting held on July 18, 2018, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: _____________________________ Kevin Doble, Mayor ATTEST: _____________________________ Kristine Lawler, City Clerk Ћ 73 2 3 4 5 6 7 8 9 : SuchCommissionshallactinanadvisorycapacitytothecitycouncilinallmatterspertainingtotheoperationsofthe municipalairport.Suchcommissionshallaidandadvisethecitymanagerintheselectionofpersonnelfortheoperationof the municipal airport in keeping with the provisions of the civil service ordinance. (Ord. 512, Section 4, adopted 1956). To hear and decide appeals of orders, decisions or determinations by the building official. dhearingsandexaminewitnesses;Setprocedures:TohearanddecidefortheCityappealsbyemployeesunder Hol §1306. ThedutiesoftheDemolitionPermitReviewCommitteeshallinclude:a)Researchofhistorical,cultural,andarchitectural significanceofthesubjectstructure;b)Evaluationofthefeasibilityofrehabilitatingorrelocatingthestrutureifitisdeemed historical;c)Intheeventthatthestructureisfoundtohavehistoricalorarchitecturalsignificance,determineifthe salvagingofhistoricmaterialsisfeasible;d)RecommendationtotheCityCouncilregardingwhetheranyofthecriteria listedinUkiahCityCodeSection3016(E)applytothesubjectstructure,andwhetherornottheDemolitionPermitshould be issued, issued with conditions, or denied. ItshallbethefunctionanddutyoftheDesignReviewBoardtoreviewproposedsitedevelopmentpermitapplications, planneddevelopmentapplicationsandprecisedevelopmentplans,workwithstaffandtheapplicantstoensuredesign consistencywiththeUkiahGeneralPlan,ZoningCode,andDesignReviewGuidelines,andmakerecommendations concerningarchitecture,sitedesignlayout,landscaping,parking,signage,exteriorlighting,andotheraspectsofurban design to city staff, Zoning Administrator, Planning Commission and City Council as appropriate. 21 1.ConductcomprehensivereviewoftheCity'sinvestmentactivitiestoensureregulationsareadheredtoandadopted strategiesareappropriateandbeingfollowed.2.Reviewannualauditofinvestements.3.Reviewpolicy,investment strategies,andinvestmentperformances.4.DeveloplongrangeplanningfortheCity'sinvestmentportfolio.5.Receive andreviewmonthlyporfolioreportsandquarterlyperformancereportsfromAdvisoryfirm.6.Reportitsfindingsandmake recommendations as needed to the City Council. TheCommissionshallhavethepoweranddutytorecommendandadviseon:A)Policiestobeadoptedandenforcedfor theoperation,useandmanagementofallrecreationactivitiesandfacilities,parks,andparkways.B)Policiesforthe planningofrecreationandparksprogramsfortheinhabitantsofthecity,promoteandstimulatepublicinteresttherein,and tothatend,solicittothefullestextentpossiblethecooperationofschoolauthoritiesandotherpublicorprivateagencies interestedtherein.C)Policiesfortheacquisition,developmentandimprovementofparks,playgroundsandfacilitiesfor recreation. TheCommissionshallhavethepoweranddutytorecommendandadviseregarding:A)Efficientimplementationofthe OpenSpaceandConservationElementoftheUkiahGeneralPlan.B)Efficientimplementationofthepathwaysectionsof theTransportationElementoftheUkiahGeneralPlan.C)Procedureandfundingmechanismsforacquisition, preservation, and effective stewardship of City paths, open space, and creeks. ItshallbethefunctionanddutyofthePlanningCommissiontoprepare,makeandadopt,subjecttotheprovisionsoflaw,a masterplanforthephysicaldevelopmentofthecity,andofanylandsituatedoutsidetheboundariestherofwhichinthe Commission'sjudgementbearsrelationtotheplanningthereof.TheCommissionmayappointofficersandemployeesand contractforservices,subjecttotheprovisionsoflaw,providedthatallexpendituresoftheCommission,exclusiveofgifts, shall be within the amounts appropriated for the purpose by the City Council. Todeterminetheinstallationandpropertimingandmaintenanceoftraffic-controldevicesandsignals,toconduct engineeringanalysesoftrafficaccidentsandtodeviseremedialmeasures,toconductengineeringandtraffic investigationsoftrafficconditionsandtocooperatewithotherCityofficialsinthedevelopmentofwaysandmeansto improve traffic conditions, and to carry out the additional powers and duties imposed by ordinances of the City. 22 23 2 3 (see calendar from NCPA) 4 5