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Home My WebLink About2020-08-05 Packet - Part 9-pgs-4000-4165 ATTACHMENT 10 i XI i�';;II"e a , �/W II a=o July 30, 2020 Via Electronic and U.S. Mail David Rapport, City Attorney City of Ukiah 405 West Perkins Street Ukiah, California e: City of Ukiah Landfill Closure Project, 3100 VichySprings Road Our File No. 5364-001 Dear Mr. port: As you requested, our office reviewed the Environmental Impact Report (" I ") for the proposed closure plan for the City'slandfill located at 3100 Vichy Springs Road, as well as comments received from ttorneys representing the Vichy Springs Resort, Russian Riverkeeper, and the Mateel Environmental Justice Foundation, n or n u in response to those comments prepared by Environmental Science Associates (" "). Theattorneys' comment letter objected to approval of the landfill closure plan as proposed and asserteda variety of reasons for the challenge. 's technical memorandum evaluated an responded to each of the allegations made in the attorneys' comment letter. ur review n evaluation of thesedocuments concludes that the EIR satisfies the requirements of the Californianvironm nt I Quality Act (" "), while the attorneys' comments disregard fundamental CEQA principles regarding the existing nviron ent I baseline (CEQA Guidelines, § 1 1 (a); ; the i duties under 's standards of reasonableness and feasibility (e.g., CEQA Guidelines, §§ 15151, 15204, Dry Creek Citizens Coalition v. County of Tulare (1 0) 70 Cal.AppAth20, 26); the regulatory framework in which the closure plan will be implemented and monitor (see, ., CEQA 1122 S Street Sacramento, CA 9511 0004830 ;1(916) 287-9500 f. (916) 287-9515 www.pioneerlawgroup,net Page 4000 of 4165 Re: City of Ukiah I andfifl Closure Project, 3100 Vichy Springs Road July 30, 2020 Page 2 GOdelines, §§ 15064, 15064.7i 27 CCR, § 20950), and the definiflon of substantial evidence (CEQA Guidelines, § 15384.), among others, 'The opinion letter and other rnaterial st.ibmitted with the attorneys' CWTIments make a variety of inaccurate and unsubstantiated assertions focused primarily on the suitability of the specialized tufted geotextfle (Closure'TLfle Final Cover System, manufactured by Watershed Geosynthefics) proposed for the landfill cover.' Maccurate and unsubstantiated comments and assertions do not constitute, evidence, rnucl--i less that which is considered substantiaL E:::::veru if they did, the mere presence of conflicting opinions frornn purported experts is not sufficient to invalidate the analysis in an EIR. ESA's detailed evaluation of the attorneys' comments and the evidence in the City's record as a wh6le demonstrate that the attorneys' comments identify no fundamental defect or inadequacy in the IEll and present no substantial evidence of a new or substanfia[ly more, severe environlrnenW impact of the pro�ect that would require revision and reclrcuWion of the BR. (CEQA Guidelines, § 15088, '15088.5.) Very trolly yours, MNEIER I AW GROUIP, LI P ANDREA A,, MATARAZZO AAKsr .1 The ClosureTurfO Final Cover System has been approved and is in use in several other California locations, including but not limited to the Salinas Valley Solid Waste Authority's Crazy Horse Sanitary Landfill in IMonterey County, the City of Portola's Class 11111 Municipal Sofid Waste Landfill in IPlurrnas County, and the George Air Force Base Landfill Closure in San Ben-iardino County. ( )Th e -final cover design proposed for the City of Ukiah Landfill Closure Project likewise is an engineered alternative cover consistent with 27 CC R- , §20080. 00048306.1 Page 4001 of 4165 Agenda Item No: 11.b. MEETING DATE/TIME: 8/5/2020 ITEM NO: 2020-475 U6ptll mi d0 lJ aqy j-� � City oj, AGENDA SUMMARY REPORT ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, SUBJECT: Conduct a Public Hearing to Consider Adoption of a Resolution Authorizing Submittal of an Application in Response to the 2020 State Community Development Block Grant Program - Coronavirus Response Round 1 Notice of Funding Availability; and Approve Corresponding Budget Amendments if Awarded the Grant. DEPARTMENT: Community PREPARED BY: Craig Schlatter, Community Development Development Director PRESENTER: Craig Schlatter, Community Development Director ATTACHMENTS: 1. CDBG-CV1 NOFA 2. CAR ES-Programs-for-CDBG-Grantees-Enterprise 3. CDBG-CV1 Jurisdiction Allocations 4. Resolution- 2020 CDBG-CV1 application Summary: Council will conduct a public hearing to consider and possibly adopt a resolution authorizing the submittal of an application in response to the 2020 State Community Development Block Grant Program - Coronavirus Response Round 1 Notice of Funding Availability. Background: On June 5, 2020, the State Department of Housing and Community Development (HCD) announced the availability of$18.7 million in new federal funds for the Community Development Block Grant Coronavirus Response Round 1 (CDBG-CV1) for local assistance through a Notice of Funding Availability (NOFA) (Attachment 1). HCD began accepting applications beginning June 8, 2020, with applications and required documentation due by August 31, 2020. Funding for the NOFA was made available pursuant to the Coronavirus Aid, Relief, and Economic Security (CARES) Act signed into law March 27, 2020. State CDBG Citizen Participation regulations require a public hearing to adopt a resolution authorizing submittal of an application, or applications, to HCD. That is the purpose of this public hearing. CDBG-CV1 Eligible Activities and Threshold Requirements The CDBG-CV1 NOFA provides funding for the following activities: assistance to businesses and microenterprises impacted by COVID-19 stay-at-home orders and shut-downs; public services related to COVID-19 support; facility improvements related to COVID-19 healthcare and homeless housing needs; and acquisition of real property to be used for the treatment or recovery of infectious diseases in response to COVID-19. Funds must be used to meet the national objective of benefit to low- to moderate-income (LMI) individuals and/or households. CDBG-CV1 funds cannot be used where a "Duplication of Benefits" occurs- i.e. "when a program beneficiary receives assistance from multiple sources for a cumulative amount that exceeds the total need for a particular funding need." For this reason, jurisdictions must be careful in their deployment of CDBG-CV1 funds. Please Page 1 of 3 Page 4002 of 4165 see Attachment 2 for a list of other financial assistance sources that may preclude deployment of CDBG-CV1 funds. Applicants can apply for up to three activities with the total request not exceeding the allocation limit per jurisdiction. The City's allocation per the NOFA is $108,757 (Attachment 3). Up to 17 percent of this allocation can be utilized for general administration. Because CDBG-CV1 funds are noncompetitive, provided the City's application is complete and meets threshold requirements, the City will receive an award of$108,757. Discussion: Staff within the City Manager's Office/Emergency Management, Electric Utility Department, and Community Development Department discussed current priorities related to the COVID-19 pandemic. Identified was the need for an emergency sheltering facility within the city limits to assist healthcare providers meet the demand for services and support in the event of a surge in the number of COVID-19 patients. Such an emergency sheltering facility should also have the capacity to sustain services in the event of a Public Safety Power Shutdown (PSPS). The City's conference center was identified as a possible emergency sheltering facility but would need to be improved with a generator in the event of a PSPS or other disaster causing a power outage. Staff discussed the eligibility of a generator installation for CDBG-CV1 funds with HCD staff, and HCD staff confirmed the project would be eligible provided that it principally benefited LMI residents and could assist existing healthcare providers with increased capacity to respond to COVID-19. By having the City's conference center operational to handle emergency sheltering and support during a PSPS, the hospital is able to more fully focus on responding to the COVID-19 crisis, improving capacity. The conference center is located within a census tract/block group with more than 50% LMI area benefit, so the project is eligible per CDBG National Objective requirements. Staff Recommendation to Council The following is requested and included in the attached Resolution (Attachment 4): City of Ukiah Public Facility Improvement Project= not to exceed $90,269 General Administration = not to exceed $18,488 Total = not to exceed $108,757 To proceed with this recommendation, Staff requests Council 1) conduct a public hearing; and 2) adopt the Resolution in Attachment 4 authorizing an application be submitted to HCD for the above activities; and 3) approve corresponding budget amendments if the application is awarded. Recommended Action: 1) Conduct a public hearing to consider approval of application submittal to the State Department of Housing and Community Development; and 2) adopt a resolution authorizing the submittal of a 2020 State Community Development Block Grant application and authorizing the City Manager to execute all related documents; and 3) approve corresponding budget amendments if awarded. BUDGET AMENDMENT REQUIRED: If CDBG-CV1 grant awarded. CURRENT BUDGET AMOUNT: N/A PROPOSED BUDGET AMOUNT: $108,757: $18,488- General Administration; $90,269- City of Ukiah Public Facility Improvement Project FINANCING SOURCE: CDBG-CV1 PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A COORDINATED WITH: Mel Grandi, Electric Utility Director, Tami Bartolomei, Office of Emergency Page 2 of 3 Page 4003 of 4165 Management Coordinator Approved � . 0 Sa i prrYR, Its'Nd1� � i � Page 3 of 3 Page 4004 of 4165 Attachment 1 STATE OF CALIFORNIA-BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT DIVISION OF FINANCIAL ASSISTANCE 2020 W. El Camino Avenue,Suite 670 Sacramento, CA 95833 (916)263-2771 www............hcdt cf.2 gov June 5, 2020 MEMORANDUM FOR: All Potential Applicants FROM: Jennifer Seeger, Acting Deputy Director ?A,��P4 Division of Financial Assistance SUBJECT: Community Development Block Grant Program — Coronavirus Response Round 1 (CDBG-CV1) Notice of Funding Availability The California Department of Housing and Community Development (Department) is pleased to announce the availability of approximately $18.7 million in new federal funds for the Community Development Block Grant Coronavirus Response Round 1 (CDBG-CV1) funding for local assistance. Funding for this Notice of Funding Availability (NOFA) is made available pursuant to the Coronavirus Aid, Relief, and Economic Security (CARES) Act signed into law March 27, 2020. The Department will be accepting applications through the Grants Network portal beginning June 8, 2020. Applications and required documentation must be received by the Department no later than Monday, August 31, 2020, 5:00 p.m. Pacific Daylight Time. Any applications received after this time will not be accepted. Applications will be reviewed and awarded as received. Applicants must submit their approved governing body resolution prior to the Department's execution of a Standard Agreement. The Department will not execute agreements without an approved governing body resolution that is acceptable to the Department. In the event that the CDBG-CV1 funds are not fully awarded by the application closing date, the Department will either allocate additional funding to active contracts that have met performance and timeliness milestones, or it will roll unawarded funds into subsequent rounds of CARES Act funding as appropriate and available. Applicants are encouraged to set-up their profiles in the Grants Network portal located at Il //Ppgi «Il gii�rii gginr/ /Ilggiilr„ as early as possible. Profile set-up instructions can be found in the Grants Network portal, external user manual on the CDBG webpage at Iff.l .::.// r.........................::.lhq ..::.q .::.0.qr/aIranffs....:fundiina /acffiive....:fundiina /cdl .slhffinr�ll. Page 4005 of 4165 CDBG-CV1 Notice of Funding Availability June 5, 2020 Page 2 Applicants are encouraged to begin the application process early to ensure successful submission before the application deadline. If you have any trouble logging into the portal or have questions on how to complete the online application, please contact the CDBG staff at I ,q _Ihcd.ca.a ov and make sure to include CDBG-CV1 in the subject line of your message. To receive CDBG-CV1 NOFA FAQs, notice of the NOFA webinar, and other program information and updates, please subscribe to the CDBG Iistsery at I 1p //fir ll�q c"a _gpy11l l_ „ICE II/sulbscriilbe foirim.htirn1. For questions or assistance, please email c lbgnof hcd.ca. ov. Attachment Page 4006 of 4165 Community Development Block Grant Program - Coronavirus Response Round 1 (CDBG-CV1) Notice of Funding Availability All ICI Is t Gavin Newsom, Governor State of California Lourdes M. Castro Ramirez, Secretary Business, Consumer Services and Housing Agency Gustavo Velasquez, Director California Department of Housing and Community Development Division of Financial Assistance, Federal Programs Branch Community Development Block Grant Program 2020 W. El Camino Avenue, Suite 200, Sacramento, CA 95833 CDBG Program Email: c lb„g.. _Ihc. .ca. ov June 5, 2020 Page 4007 of 4165 Contents I. Notice of Funding Availability 1 A. Tentative program time 1 B. Authorizing Legislation 2 C. Conditions 3 II. Eligible activities (24 CFR §§ 570.201-203) 3 A. Community Development 4 B. Economic Development with a focus on job retention 4 III. Duplication of benefits 4 IV. National Objectives (24 CFR §§ 570.483-484) 5 A. Low- to Moderate Income National Objective 5 B. Urgent Need National Objective 6 V. Eligible applications 7 A. Eligible jurisdictions 7 B. Financial Management Compliance (2 CFR Part 200) 8 C. Good standing 8 D. Federal debarment 8 E. Restrictions on multiple activities in the same political districts 8 VI. Funding and activity limits 9 VII. Program administrative costs 9 Vill. Pre-agreement costs 10 IX. Threshold requirements 10 X. Applications 11 A. Application webinar 11 B. Application submission 11 C. Disclosure of application 12 XI. Application review, approval and commitment process 12 A. Application review 12 B. Recommendations 12 C. Standard Agreements 12 XII. Awards announcement and grant implementation 13 XIII. Federal program requirements 13 A. Cross-cutting requirements 13 B. Relocation Plan requirement 14 C. Article XXXIV compliance 14 D. Procurement 14 E. Certifications and Statement of Assurances 14 Page 4008 of 4165 Appendices Appendix A CDBG-CV1 Allocations Appendix B Housing Element and Growth Control Appendix C Citizen Participation Appendix D Sample Resolution (Revised 4-10-20) Appendix E CDBG-CV1 IDIS Matrix Codes Appendix F Income Limits and Area Benefit Appendix G Determining Service Area Appendix H N/A Appendix I N/A Appendix J CDBG-CV1 Application Certifications Appendix K Draft Sample Standard Agreement Page 4009 of 4165 I. Notice of Funding Availability The California Department of Housing and Community Development (Department) receives funding from the United States Department of Housing and Urban Development (HUD) for the Community Development Block Grant (CDBG) Program and allocates funds to CDBG eligible non-entitlement jurisdictions. Approximately $18.7 million in new CDBG coronavirus response round 1 (CDBG-CV1) federal funds authorized by the Coronavirus Aid, Relief, and Economic Security (CARES) Act, will be allocated to eligible jurisdictions to perform Activities related to COVID-19 response and recovery. The CARES Act provides extra CDBG funds specifically targeted to prevent, prepare for, and respond to coronavirus. The CDBG-CV1 Notice of Funding Availability (NOFA) provides funding ONLY for the following Activities, which are narrowly tailored as described in Section II.A and Section II.B of this Notice of Funding Availability (NOFA): • Assistance to businesses and microenterprises impacted by COVID-19 stay-at-home orders and shut-downs • Public services related to COVID-19 support • Facility improvements related to COVID-19 healthcare and homeless housing needs • Acquisition of real property to be used for the treatment or recovery of infectious diseases in response to COVID-19 CDBG-CV1 funds will be distributed through a simplified application via the Grants Network portal online grant management system and will be available to all CDBG- eligible non-entitlement jurisdictions as outlined in the Department's Annual Plan Amendment located at.lhtt , „,// ww.lh,q ,,,,,q ,,,,,,q,c r/,I q,,!,gy,,,,,,,ir , ,a,irglh, ,l ,ll,2ir, !Eg chin /ii„in . ..:.. hffirn I. This NOFA outlines application requirements, timelines for eligible jurisdictions, and provides documentation requirements. A. Tentative program timeline EVENT DATE CDBG-CV1 NOFA and application June 5, 2020 released OTC application window opens June 8, 2020 Application deadline August 31, 2020 Department announces awards As applications are received *Award timeline is dependent on receipt of HUD's grant agreement. Department of Housing and Community Development CDBG-CV1 NOFA- June 2020 Page 1 of 14 Page 4010 of 4165 B. Authorizing Legislation Funding under this NOFA is made available pursuant to the CARES Act (Public Law No: 116-136) and the Housing and Community Development Act of 1974 (HCDA) as amended and codified at Title 42 United States Code (U.S.C.) § 5301 et. seq., and Subpart 1 of the Federal CDBG Regulations, found at Title 24 Code of Federal Regulations (CFR) § 570.480 et seq. The requirements of the state administered CDBG program are in California Health and Safety Code (HSC) §§ 50825-50834. This NOFA should be read in conjunction with the following regulations that establish state and federal CDBG requirements. Relevant legal authority includes, but is not limited to, the following: • Housing and Community Development Act of 1974 (HCDA) as amended and codified at Title 42 United States Code 5301 et seq., and Subpart 1 of the Federal CDBG Regulations • II CSC 50825 50834 • II:::::II: ..........I1....iitlle 2 ,,,,,,,,II:::1 t 7 ,, ,.u..b, ,art.,,,,,11, • 24 Clf:lf Il:::1air�t 58 .................................................................................................................... • 2 Cll:::::lf I1:::1airt. 200 .................................................................................................................... • „II„ „11::3 G,,, ,u Guidelines,,,,,,,(, ,!�„ii, , 11„ii irk, • ..11...lh.e......S.ff.a.ff.e......o..f.....C.a..l..ii...fo.r....o.a.....2.0..1....5.......202.0......C..oir.1.s.o.l.li.id.aff..e.d......I!:::..'..I.l.a...n. a.s......air.ri..e..in. d.e.d . • 11.lh�e Sffaffe of Calliifor..o.a 2019.....2020 Annuall Acffiion I!:::'llan as amended ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ • Governor of California 11::::::xecuffiive Order IN 66.20 If state or federal statutes or regulations, or other laws, relating to the CDBG-CV1 funds are modified by the United States Congress, HUD, the Department, California State Legislature, or the Governor, the changes may become effective immediately and may be applicable to this NOFA and existing Standard Agreements. If there is a conflict between the state and federal regulations, the federal regulations shall prevail. In addition, the Department reserves the right, at its sole discretion, to suspend or amend the provisions of this NOFA. If such an action occurs, the Department will notify interested parties. Awards made under this NOFA are also contingent upon the Department executing a grant agreement from HUD for the CARES Act funds. Department of Housing and Community Development CDBG-CV1 NOFA- June 2020 Page 2 of 14 Page 4011 of 4165 C. Conditions Applicants and Awardees acknowledge that the funding opportunities referenced in this NOFA, and all obligations of the Department herein, are expressly subject to the following conditions: 1. The ongoing availability of funds 2. The continued authority of the Department to administer the CDBG-CV1 funds 3. The execution of the CARES Act funding grant agreement with HUD 4. Issuance of the Governor's Executive Order providing regulatory relief from state statute In the event that funds are not available to fund any, or all, Activities offered herein, or if the Department's authority to administer the CDBG-CV1 funds or act under this NOFA is eliminated, or in any way restricted, the Department shall have the option, at its sole discretion, to amend, rescind, suspend, or terminate this NOFA and any associated funding pursuant to the provision set forth immediately above. This NOFA is not a commitment of funds to any Activity or Applicant. D. Applicant responsibility It is the Applicant's responsibility to ensure that the application submitted is clear, complete, and accurate. It is also the Applicant's responsibility to ensure that the governing body resolution submitted is clear, complete, and accurate. The Department will not execute agreements without a resolution that is also acceptable to the Department. In this NOFA, the Department has gone to great lengths to explain what will be an acceptable resolution to the Department. After the application submittal deadline, Department staff may request clarifying information to make sure the application is complete and accurate and meets federal eligibility requirements. Applicants may be asked to make changes to their Activities to meet eligibility requirements. Applications that do not meet federal minimum eligibility requirements will be returned to draft status for Applicant changes. No Applicant may appeal the Department's evaluation of another Applicant's application. II. Eligible Activities (24 CFR §§ 570.201-203 Applicants can apply for a total of three (3) Activities with the total request not exceeding the allocation amount in Appendix A. Activities funded under this NOFA will have a 12-month expenditure period. See Appendix E for a list of eligible HUD Matrix Codes. Applicants must show a relationship between the need for services and COVID-19 impacts. Department of Housing and Community Development CDBG-CV1 NOFA- June 2020 Page 3 of 14 Page 4012 of 4165 For the CDBG-CV1 NOFA, the following Activities are permitted: A. Community Development 1. Public services to respond to COVID-19 impacts 2. Public facility improvements to increase capacity for healthcare facilities (facility improvements must include a documented connection with healthcare facility needs) 3. Public facility acquisition, provided that the end use increases healthcare facility capacity 4. Acquisition and/or improvement of housing facilities for persons experiencing homelessness B. Economic Development with a focus on mob retention 1. Business assistance 2. Microenterprise assistance (including Micro-financial assistance and Technical assistance) III. Duplication of benefits A Duplication of Benefits (DOB) occurs when a program beneficiary receives assistance from multiple sources for a cumulative amount that exceeds the total need for a particular funding need. The amount of the duplication is the amount of assistance provided in excess of the need. It is the Department's responsibility to ensure that each CDBG-CV1 Activity provides assistance only to the extent that the project's funding needs have not been met by another source. See the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act) (42 U.S.C. § 5155; HUD Memorandum dated 9 April 2020, subject: `CARES Act Flexibilities for CDBG funds used to support coronavirus response and plan amendment waiver'). Section 312 of the Stafford Act prohibits federal agencies from providing assistance to any "person, business concern, or other entity" for any loss to which the entity has already received financial assistance from another source (42 USC § 5155(a)). The Federal Register Notice, published November 16, 2011 (Docket No. FR-5582-N), requires adequate policies and procedures in place to prevent a DOB and the recapture of funds, if necessary. Applicants will be required to complete DOB documentation at application and will be required to continue to report on DOBs throughout the expenditure period for the CDBG-CV1 funds. Department of Housing and Community Development CDBG-CV1 NOFA- June 2020 Page 4 of 14 Page 4013 of 4165 IV. National Objectives (24 CFR §§ 570.483-484) A. Low- to Moderate-Income National Objective At least 70 percent of the funds awarded shall benefit low- to moderate-income (LMI) individuals or households. No Activity or portion of a program assisted by these funds may exclude from its benefits the lowest-income eligible group. Persons, households, and/or neighborhoods benefiting from LMI Activities must meet HUD's LMI requirements. Income limits are regularly updated. Applicants will be notified via a news email blast and information will be posted on the Department's website if the HUD Adjusted Median Family Income (HAMFI) limits or low- to moderate-income areas (LMA) are updated during the application period. The LMI National Objective consists of the following categories: 1. LMI Limited Clientele (LMC), as defined by income limits or presumed benefit. LMC refers to persons who earn 80 percent or less of HAMFI for the county of residence, as updated annually by HUD. Presumed benefit LMC refers to persons who, as a category, are typically low income. This includes: • Seniors • Persons with a disability (must meet the I[ a uir e au u c f. tIh Irk u u '_ u urf ir]t Il�229!9tuo. llRe or�t's definition of"sever lly a�u alblo °) • Homeless persons • Abused children and battered spouses • Illiterate adults • Persons living with acquired immunodeficiency syndrome (AIDS) • Migrant farmworkers 2. LMI Area (LMA), as defined by census tracts and block groups. • LMA eligibility is based on the American Community Survey using Census Geographies. • At least 51 percent of households in the area must be earning at 80 percent or below HAMFI to meet LMA. Department of Housing and Community Development CDBG-CV1 NOFA- June 2020 Page 5 of 14 Page 4014 of 4165 • Must be contiguous — the area must be a solid area, without certain streets or buildings being excluded, and the area should be mapped to show eligibility. If a service area is not contiguous it will be determined to be a separate Activity and will need a separate application. • Activity must be a public benefit for the area, for example, the construction of a facility to be used for testing, diagnosis, or treatment of infectious disease. LMA eligibility should be determined from the map application at HUD's Low- and Moderate-Income Summary Data Application page. Instructions for HUD's mapping application can be found at this link: I�tt .,,,!..19 ,s. ,a. c. .,i,s.,., co, ndex.Intirn1?id:::::::: fd0597e8af ,:,,,,,,,,,,, 0 ,,,,,, ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,........................... 4.f.88Ib..501Ib.�7e.�..f.3. ..1..bedd.3. LMI Housing (LMH), as defined by household income limits • Households earning 80 percent or less of HAMFI. 4. LMI Job Creation or Retention (LMJ) Activities • LMJ is based on the number of full-time equivalent jobs created or retained. • Must create or retain jobs, and 51 percent of those jobs must be for LMI persons. • To meet the public benefit requirements for LMJ Activities, for every $35,000 spent (including Activity delivery), one full-time equivalent job must be created or retained. B. Urgent Need National Objective Urgent Need is a National Objective that is available for instances where the existing conditions in a community: • Pose a serious and immediate threat to the health or welfare of the community. • Are of recent origin or recently became urgent. • The applicant is unable to finance the Activity. • Other resources of funding are not available to carry out the Activity. The availability of Urgent Need as a National Objective depends on the overall LMI performance of the state. The state may only offer Urgent Need in the margin above the statutory 70 percent LMI requirement. As a result, Urgent Need will not be a default National Objective and may only be designated on a case-by-case basis. Department of Housing and Community Development CDBG-CV1 NOFA- June 2020 Page 6 of 14 Page 4015 of 4165 Applicants that have no option but to use Urgent Need must contact the Department to discuss how to prepare and submit their application. Please note that if HUD should provide waivers of the 70 percent LMI requirement or other guidance that will allow for greater utilization of Urgent Need, the Department may make changes to the program allocation process to incorporate Urgent Need as a default National Objective without amending this NOFA. Applicants will be notified of any such changes via email. V. Eligible applications Applicants must meet the following requirements when the application is submitted to be eligible to apply for funding under this NOFA: A. Eligible jurisdictions Any California city or county is eligible to apply for CDBG-CV1 funding except a city or county that participates in the HUD-administered CDBG Entitlement program either as a direct entitlement, or as part of an Urban County consortium. Incorporated cities located in an Urban County as defined by 42 U.S.C. 5302(a)(6) must formally elect to be excluded from participation in the Urban County entitlement status. HUD must be notified that the city has elected to be excluded from the Urban County participation as per 24 CFR 570.307(g) for it to be eligible for the state administered CDBG program, including CDBG-CV1 funding. Eligible Applicants may use the following approaches. Only eligible Activities from eligible Applicants will be reviewed. 1. An eligible Applicant may apply on its own behalf. 2. An eligible Applicant may apply on behalf of one or more other eligible Applicants. An application on behalf of one or more other eligible applications will need to include a Memorandum of Understanding (MOU), or similar formal agreement, fully executed by all parties of the application, that clearly identifies the lead Applicant and that details the roles, responsibilities, and requirements for each party. The agreement must be enforceable. 3. Two or more eligible Applicants, which share a program, may submit a joint application. A joint application must include a MOU, or similar formal agreement, fully executed by all parties of the application, that clearly identifies the lead Applicant and that details the roles, responsibilities, and requirements for each party. The agreement must be enforceable. Only one Applicant in a joint application may be designated as the lead agency and will have the lead responsibility for administering the Standard Agreement, financial management, and Activity reporting. Department of Housing and Community Development CDBG-CV1 NOFA- June 2020 Page 7 of 14 Page 4016 of 4165 B. Financial Management Compliance (2 CFR Part 200) The Applicant must demonstrate to the satisfaction of the Department that it is in compliance with the financial management requirements at 2 CFR §200, et seq., including the single audit requirements of 2 CFR §200.501. C. Good standing The Applicant, and any co-Applicant, together with the respective affiliates, must be in good standing with the Department (i.e., are current on all loan and/or grant obligations, have a satisfactory past performance history in all of their prior dealings with the Department, and are in full compliance with all Department contracts and reporting requirements). Applicants not meeting the foregoing requirements shall include with their application evidence that they are actively working with the Department to resolve any issue. D. Federal debarment Pursuant to 24 CIf="If I1:1art 5x, all CDBG-CV1 Applicants are required to verify they ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, and their principals, or any/all persons, contractors, consultants, businesses, sub- recipients, etc., that will be conducting business with the Applicant as part of the Activity are not presently debarred, proposed for debarment, suspended, declared ineligible, or voluntarily excluded from participation in the covered transaction or in any proposal submitted in connection with the covered transaction. The Department will not award any CDBG-CV1 funds to Applicants that are debarred, suspended, proposed for debarment, and declared ineligible or voluntarily excluded from participation from federally assisted programs, or that are proposing to partner, contract, or otherwise fund Activities through an organization that is debarred, suspended, proposed for debarment, or otherwise ineligible from participation in federally assisted programs. Applicants are responsible for providing proof that all program partners, subrecipients, contractors, and any other program participants, current or future, are not debarred. Applicants must provide proof from the federal System for Award Management that the Applicant, all application partners, and any subrecipients, developers, consultants, and contractors that are or may be participating in the application, the potential administration of the award, or the potential implementation of the Activity, are not debarred. Applicants are not required to run debarment checks against individual employees. If the Applicant has not yet procured the contractor or identified a subrecipient for a specific Activity, the Applicant will be required to check for debarment prior to executing a contract or agreement for that Activity and shall include proof of debarment evaluation in the Activity file. E. Restrictions on multiple Activities in the same political districts Applications for eligible Activities outside the Applicant's jurisdiction must include a legally binding agreement, acceptable to the Department, with the city or county in which the eligible Activity is located. Applicants may not apply to both the state administered CDBG program (including CDBG-CV1) and to a CDBG program Department of Housing and Community Development CDBG-CV1 NOFA- June 2020 Page 8 of 14 Page 4017 of 4165 administered by an Urban County or other entitlement entity during the same program year. VI. Funding and Activity limits IMPORTANT NOTE: All applications must be submitted through the Department's online Grants Network portal via Ih,�,pi .,//1 c it ,«„Il, ,qii rii, ,gc inr/ /Il,c gJ.in,; no hard copies will be accepted. Jurisdictions will submit one application per Activity. Each jurisdiction can submit up to three (3) applications during this NOFA cycle. Each Activity must have a unique application with a complete budget, National Objective, scope of work, and milestone timeline. There will be no "combo" Activities or applications accepted in this NOFA cycle. Each Activity, both projects and programs, is stand-alone with a separate budget and scope of work. General Administration should be budgeted for each Activity up to 17 percent of the total Activity budget. HUD allows a total of 20 percent of funding to be used for planning and administration. HUD limits the state to 3 percent, which allows up to 17 percent for local jurisdictions. The Department is not proposing to allocate any funding for planning only Activities, which will allow local jurisdictions to access the full administration balance. Each Activity will have a stand-alone Standard Agreement for that Activity. Applicants are encouraged to review the attached draft Standard Agreement as a sample of the applicable terms and conditions. • Funds from this NOFA cycle will be available to eligible Applicants via allocation through a simplified application (See Appendix A for final jurisdiction allocations). • Maximum total grant amount limits are the allocation for your jurisdiction. Program income is not included in the allocation amounts. Total Activity budgets may exceed the award limits if program income is included in the Activity application. Note that program income included in a CDBG-CV1 application will be required to meet the same performance terms, duplication of benefits, and expenditure period for the CDBG-CV1 funds. • Milestones: All CDBG-CV1 funded Activities must be implemented according to the milestones defined in the Standard Agreement. Applicants must include at least two milestones per Activity application — a milestone for Activity initiation and a milestone for Activity closeout. Additional milestones are optional, though encouraged for best practice Activity implementation. VII. Program administrative costs Grantees will be allowed to use a total of 17 percent of their allocation for program administration costs. Costs incurred in COVID-19 response prior to the allocation may be eligible for reimbursement as per the CARES Act. Applicants will be asked to identify pre-agreement costs as part of the simplified application. Department of Housing and Community Development CDBG-CV1 NOFA- June 2020 Page 9 of 14 Page 4018 of 4165 Vill. Pre-agreement costs Costs incurred in COVID-19 response prior to allocation may be eligible for reimbursement as per the CARES Act. Applicants will be required to identify pre- agreement costs. Pre-agreement costs not identified as part of the application budget will not be eligible for reimbursement. See the attached sample Standard Agreement for pre-agreement cost reimbursement terms. IX. Threshold requirements • A city or county must be a non-entitlement jurisdiction and must not currently be party to an Urban County Agreement or participate in, or be eligible to participate in, the HUD-administered CDBG Entitlement program. • The Activity applied for must be an eligible Activity as defined by , ,,,,,, ,il::::"il 5 0.201 203 qo, , the CARES Act. • The Activity must meet a CDBG National Objective as defined by 24 CFR §570.483. • The Applicant must provide the Department with its most recent single audit, if applicable. If the Applicant has open single audit findings and does not have a plan or agreement to remediate those findings, the Applicant will be deemed ineligible for CDBG-CV1 funding through the state administered CDBG program until the findings are resolved or a remediation plan or agreement is established. • Pursuant to 24 CFR § 570.486, applications must follow CDBG Public Participation regulations as identified in the state's u dated .iiffiizen If1 ir�iigii„I !..J i If uiiireinr�enffs forg p If;;;;".e erajI II,;1„irc�gir lnr„ ,If „II«�in ,«�,nd if.................... ,12c�1r.. Applicants will be expected to provide opportunities for virtual meetings that include opportunities for the public to pose questions about the program and receive answers. Applicants will also be expected to meet noticing and public information requirements for the program as per federal regulations and the Citizen Participation Requirements. • As per HSC § 50829, the Applicant must submit a draft and adopted Housing Element to the Department in accordance with the requirements listed in Government Code (GC) § 65580 et seq., most specifically GC § 65585. Applicants must demonstrate compliance with HSC § 50829 with documented proof at the time of application submittal. Documented proof includes, at a minimum, correspondence, resolutions or email verification from the Department. Failure to comply with the procedural requirements (i.e., GC § 65585) of Housing Element Law will invalidate the application for this NOFA and the Applicant will be deemed ineligible for funding through the state administered CDBG program, including CDBG-CV1 funding, until the Applicant has met procedural requirements. Applicants triggering the provision of HSC § 50830 must meet and document all pertinent requirements. See Appendix A for information on Housing Element status. For additional information and assistance, please contact Paul McDougall at paul.mcdougall@hcd.ca.gov. Department of Housing and Community Development CDBG-CV1 NOFA- June 2020 Page 10 of 14 Page 4019 of 4165 • The Applicant must be in good standing with the Department as defined in Section V of this NOFA. • The Applicant must demonstrate compliance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 relocation requirements, as applicable. • The Applicant must demonstrate compliance with Article XXXIV, as applicable. • To reduce delays in the application review, award, and contracting processes, Applicants are required to use the Department's Sample Resolution of the Governing Body. For reference, please see Appendix D. X. Applications A. Application webinar The Department will hold a NOFA workshop webinar on June 24, 2020. Please visit the Department's website at Ihttp // ww lhcd.ca.,, gyl E nffs tundiin /acffiive funding /q ,leg, l�Iinr�„II„to register. Applicants are also strongly encouraged to review available webinars and training materials on the CDBG program in general, the CDBG Redesign, using the Grants Network portal, and preparing a CDBG program application in the Grants Network portal. B. Application submission Applicants must follow instructions in both this NOFA and the online application. Failure to follow instructions will result in disqualification, and applications will be returned to draft status for correction and re-submittal. The CDBG-CV1 application and all required attachments must be submitted to the Department through the Grants Network portal located at I21ip, ,//icpir,«„Il, ,giirii, ,gcpinr/ /Il,cp,q„iiir�. Applications must include all required information to be submitted. Applicants must certify that all information is true and complete to the best of their knowledge, under penalty of perjury. Applicants that do not have an account with the Grants Network portal should log into the Ihttp .-Ei c it «„Il ii rii gc inr/ /Ilo in. Use the "Create an account" option to initiate a profile. Applications must meet all threshold and eligibility requirements upon submission. It is the Applicant's responsibility to ensure that the submitted application is clear, complete, and accurate. Department staff may request clarifying information and may request that applications be revised and resubmitted to help address eligibility and threshold issues prior to approving applications and issuing awards. Department of Housing and Community Development CDBG-CV1 NOFA- June 2020 Page 11 of 14 Page 4020 of 4165 C. Disclosure of application Information provided in the application will become public record available for review by the public pursuant to the California Public Records Act (PRA) (GC § 6250 et seq.). As such, the Department may disclose any materials provided by the Applicant to any person making a request under the PRA. The Department cautions Applicants to use discretion in providing information not specifically requested, including, but not limited to, bank account numbers, personal phone numbers, home addresses, or other personally identifiable information. By providing this information to the Department, the Applicant is waiving any claims of confidentiality, and consents to the Department's disclosure of the Applicant's material upon receipt of a PRA request. XI. Application review, approval and commitment process A. Application review All applications are required to pass threshold requirements. Failure to meet threshold will result in immediate disqualification. Applications that do not meet threshold will not be further reviewed and will be returned to a draft status for Applicant revisions. All applications will be reviewed for Activity eligibility. Activities that do not meet program eligibility will be disqualified, and the application will be returned to a draft status for Applicant revisions. B. Recommendations The Department will review applications and make award recommendations according to the above criteria. Applicants that are recommended for awards will be contacted and provided with an opportunity to update project schedules or other date-dependent data that may have aged during the application review period. Applicants will officially be notified of awards through the Grants Network portal. Applicants should ensure that the appropriate contact information is included in applicant profiles to facilitate notifications of awards and requests for changes. The award notification will include instructions for accepting or declining the award, as well as an executable Standard Agreement. Applicants that are not recommended for awards will be notified through the Grants Network portal that their application has been returned to draft status for Applicant revision, as applicable. C. Standard Agreements Successful Applicants (Grantees) will enter into a Standard Agreement with the Department. A draft sample is included as Appendix K of this NOFA. The Standard Agreement contains all the relevant state and federal requirements, Activity performance and management requirements, and disbursement requirements. A condition of award will be that a Standard Agreement must be executed by the Grantee within 30 days (contracting period) of the Grantee's receipt of the Standard Agreement(s). Failure to execute and return the Standard Agreement(s) to the Department of Housing and Community Development CDBG-CV1 NOFA- June 2020 Page 12 of 14 Page 4021 of 4165 Department within the contracting period will result in award cancellation. Award cancellations are final. XII. Awards announcement and grant implementation The Department anticipates awards will be announced as applications are approved for funding. XIII. Federal program requirements A. Cross-cutting requirements The CDBG-CV1 funding is administered under the general rules and regulations promulgated primarily in 2 :... .II:.II ... 5�0.600, et seq. These primary regulations are known as the federal cross-cutting requirements and form the basis of the programmatic requirements. The Department incorporates all federal cross-cutting requirements into the state administered CDBG program, and the regulations in Part 570 are translated into required actions on the part of all Grantees of the state administered CDBG program, including CDBG-CV1 funds. This following is a summary of the federal cross-cutting requirements: 1. Environmental Standards (based on the National Environmental Policy Act of 1969 [NEPA]) 2. Labor Standards (Davis-Bacon and related laws) 3. Achieving a HUD National Objective 4. Public participation requirements 5. Fair Housing and Affirmatively Furthering Fair Housing 6. Equal Opportunity and Non-Discrimination in federal Grant Programs 7. Federal Procurement Guidelines 8. National Flood Insurance Program compliance 9. Relocation and displacement requirements 10. Employment and Contracting Opportunities Section 3 compliance 11. Lead-based paint requirements 12. No use of debarred, ineligible, or suspended contractors or sub-recipients 13. Uniform Administrative Requirements and Cost Principles 14. Conflict of interest prohibitions 15. Compliance with the Architectural Barriers Act and the Americans with Disabilities Act 16. Compliance with Eligibility Restrictions for certain resident aliens 17. Federal reporting requirements 18. Grant and subrecipient monitoring requirements Department of Housing and Community Development CDBG-CV1 NOFA- June 2020 Page 13 of 14 Page 4022 of 4165 B. Relocation Plan requirement Applicants engaging in project-specific Activities that may or will cause the temporary or permanent relocation and displacement of persons, property, or businesses must provide a project-specific relocation plan as part of the application. The plan must meet the standards established in the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA). Applicants must successfully demonstrate that they have met URA requirements prior to the start of the project or displacement Activity. Applicants should include relocation costs in project budgets. Applicants must provide General Information Notices to persons who may be displaced if the Activity in the grant application is funded. This plan must outline how the Grantee will enforce and manage the project's temporary relocation and displacement Activities and estimate what relocation benefits will be required so those costs can be included in the project's development budget. C. Article XXXIV compliance Applicants engaging in low-income housing project Activities that are subject to Article XXXIV of the California Constitution must show that the project approval process complies with Article XXXIV requirements as defined in the California Constitution, California state statutes, and applicable case law. The state statutes implementing Article XXXIV can be found at .Ik:::I. .. .... 3000, et seq. D. Procurement Pursuant to 24_ „II;;II0. (g), all Grantees must comply with federal procurement requirements. The Department will review the Grantee's procurement documents for services (i.e., administrative sub-contractor, Davis-Bacon Act consultant, etc.) at time of monitoring. Requirements for federal procurement can be found at 2,,,,,, „If::::..,II, ,,,,,, ,Q ,Q , „ Z.::,,, . Applicants are responsible for meeting all federal procurement standards for goods and services funded through federal programs. Failure to meet procurement requirements may result in disqualification, recapture of federal funds, and debarment. E. Certifications and Statement of Assurances Applicants must sign and submit the Certifications and Statement of Assurances (Appendix J) with their application to meet threshold. Please review the Statement and confirm compliance with each requirement. Failure to comply with the certifications and assurances may result in disqualification, recapture of federal funds, and debarment. Department of Housing and Community Development CDBG-CV1 NOFA- June 2020 Page 14 of 14 Page 4023 of 4165 JURISDICATION ALLOCATIONS Housing Element Eligibility status is as of June 1, 2020. This is a static list. Ineligible jurisdictions are encouraged to resolve Housing Element issues as early to be able to participate in the CDBG-CV1 funding. Eligible jurisdictions that fail to meet Housing Element timelines may be ineligible at application. For additional information and assistance, please contact Paul McDougall at,I ,!jJI..,,,,inr, c ,! „ ,,�l, ,lh, ,,:,..g ,g,c r. Jurisdiction Low-Mod Income percentages are based on HUD's 2020 Area Benefit instructions. Jurisdiction CIIIYII G C 1 Ju iiriii duictlii in Bide IHII a siing IElleurnein't Allocation % III,,,,,,ow 1IMod Ill inc erne Eligibility Alpine County.. 0, 00 39.82% Currently lneluguble .... Allluiras $66,337 4 .47% E Iiglilblle Amador City $55,037 46.67% Currently lneluguble Amadoir Couirnly $112,462 0 .76% Ellliglilblle American Canyon $98,383 00. 0% Eligible Airndeirsoirn $86,899 61.16% Cuirreirnllly Ilirnellliglilblle Angels $68,004 43. 4% Eligible Arcata $147,657 67.47% Ellliglilblle Artesia $113,758 50.05% Eligible Airvliirn $116,166 00. 0% Ellliglilblle Atwater $132,653 40. 1% Eligible Auburn $100,421 43.22% Ellliglilblle Avenal $87,639 74.1 % Eligible Beirnliclia $118,575 20.60% Ellliglilblle Biggs $59,113 5 .07% Eligible Bishop $70,042 40.67% Ellliglilblle Blue Lake $57,075 0 .69% Currently lneluguble Birawlley $126,725 52.15% Ellliglilblle Butte County $279,919 45.99% Eligible Callaveiras Couirnly $173,220 41.57% Ellliglilblle Calexico $170,998 51.68% Eligible Calllimesa $74,302 0 .19% Ellliglilblle Calupatria $64,484 57.63% Eligible Calllisloga $71,338 54.19% Ellliglilblle Capitola $88,010 52.7 % Eligible Cairmell Iby the Sea $68,560 2 .46% Ellliglilblle Chowchulla $92,456 61.49% Currently lneluguble Clleairllalke $122,279 '71.16% Ellliglilblle Coalinga $86,343 40.56% Eligible Collfax $60,224 50.79% Ellliglilblle Colusa $71,894 47.70% Eligible Collusa Couirnly $69,856 0 .02% Ellliglilblle Corcoran $95,420 67.17% Eligible Coirnliirng $77,451 00.47% Ellliglilblle Crescent City $67,634 02.71% Eligible Department of Housing and Community Development CDBG-CV1 NOFA—June 2020 Page 4024 of 4165 u urlii di tii in QEYI 1 Juiirisdictioiim Wide h1lousing lly 111 eurne in't Allocation % III oar IMod 11incorne E11 ui ui 11 ui 111 i!y f:::)ell (Norte Couinty $118,019 45. 0% Elli libll C:::)lix irn $96,716 3 . % El li li b 11 Dorris $55,593 7 .5 % EVu ul b I)os f:I 11 ,301 65.38% Curreinfly Ilirnellli liblle II I)orado Couinty $403,103 3 .3% El li libll Edna $56,149 68.57% EVu ul b Eureka 157, 0 50.5 % Eligibb Exeter $81,897 54. % EVu ul b irrneir vlilllle $82,268 5 .1 % Elli liblle Ferndab $59,483 34.69% EVu ul b liirelb ugh $79,859 61.04% Elli liblle Ford Bragg $89,492 5 . 5% EVu ul b �Foirt Jones $57,81647. % Elli liblle Fortuna 0, 74 4 .51% EVu ul b whir $67,819 4 . 3% Elli liblle (3rass V Illley $113,573 65.31% Eligibb reenfueVd $117,278 64.77% EVu ul b ;irli lley $77,451 45.7 % Eligibb Graver Beach ch 101,5 5 . 1% EVu ul b ;u blpe $84,676 6 .04% Eligibb Hi earn HiEls $59,6681 .33% Elli liblle HoHister $151,177 45.57% EVu ul b 12 IItvlilllle $69,115 5 .48% Eligibb Huir irn $83,379 '70. % Elli liblle �m peru V $76,525 20.91% EVu ul b lirnlpeirli ll Couinty $145,805 4 .54% Eligibb lira a stry $54,815 65. 5% Eligibb l ime $63,003 3 .75% Eligibb Jackson 7 ,1 1 4 .71% EVu ul b Kling irn li ty $112,462 6 .41% Eligibb Kings County $137,099 4 . % EVu ul b 1...... lke Couinty $202,859 51.44% Curreinfly Ilirnellli liblle Lakeport $66,337 41.50% C urrenfly �nefigib e 1......assein Couinty $85,417 38.E% Elli liblle Lemoore $121,724 41.05% EVu ul b ----------------------------------------------------------------------------------------------------------------------------------- Department of Housing and Community Development CDBG-CV1 NOFA—June 2020 Page 2 of 5 Page 4025 of 4165 ----------------------------------------------------------------------------------------------------------------------------------- Juirisdic,filoin GII[YIBG CV1 Juiirisdic,flioiin iide % h1lousik urn g Ellernein't --- ---------------------------------------------Allocation-------II,,,,,,ow Mod-Ill incorne..... III jqibilki fy............... I lincollin $170,442 33.27% Eligibb Lindsay $98,198 67.17% Efigibb I Ive Oak $75,043 55.17% Eligibb Livings-ton $91,159 41.01% Efigibb 1......001m is $68,375 24.55% Eligibb Los Banos $157,845 52.59% Efigibb 1......oyalltoin $56,519 55.81% Curreinfly Ilirnellligibb Madera County $229,904 47.90% Efigibb Mammoth II......akes $68,375 53.34% Eligibb Maricopa $55,778 60.66% Currenfly �nefigibb Mairiina $132,097 46.32% Curreinfly Ilirnellligibb Mariposa County $107,645 38.31% Efigibb Mairysvilkle $92,456 56.37% Eligibb McFarland $94,493 75.01% Efigibb Meindobino Couinty $293,812 45.87% Eligibb Merced County $261,024 51.54% Efigibb �Modoc Couinty $63,929 48.50% Curreinfly Ilirnellligibb Mono County $64,484 50.27% Efigibb Mointaguse $57,445 43.29% Eligibb Mount Shasta $75,228 45.91% Efigibb Napa Couinty $120,057 41 .84% Eligibb Nevada City $65,966 48.00% Efigibb �Nevada Couinty $257,134 39.32% Eligibb Orange Cove $84,861 75.54% Currenfly �nefigibb Oirlaind $77,451 55.25% Eligibb OroviHe $114,870 55.20% Efigibb F:1acific (3rove $99,495 23.93% Eligibb Pabs Verdes Estates $80,971 15.31% Efigibb F:1airlier $111,906 '71 .45% Eligibb Pismo Beach $83,379 43.06% Efigibb [::'IIaceir County $382,171 31 .45% Eligibb PbcerviHe $92,826 55.93% Efigibb [::Ibirnas County $101,532 41 .09% Eligibb P ymouth $56,334 55.42% Efigibb F:Ioiint Areina $56,334 53.85% Eligibb Portob $63,003 59.34% Efigibb Rainch Il liirage $144,323 34.32% Eligibb Red BUff $103,941 58.69% Efigibb Rio I)&H $66,152 48.88% Curreinfly Ilirnellligibb Rio Vista $80,600 43.80% Efigibb Riverbaink $102,273 35.70% Eligibb San Beni-to County $101,532 45.98% Efigibb Sain Joaquiin $65,781 '76.81% Eligibb ----------------------------------------------------------------------------------------------------------------------------------- Department of Housing and Community Development CDBG-CV1 NOFA-June 2020 Page 3 of 5 Page 4026 of 4165 ----------------------------------------------------------------------------------------------------------------------------------- u irlii dii fliloin Gl[)BG CV1 Juirisdic,fibim Wide % h1lousing l llleurnein't Allocation ll,,,,,,owMod 11incorne Eligibility San Jun Bautista $63,55 51.5 % EVu ul b irn Jug irn Capistraino $198,413 51. 4% Elli libll Sand City $56,112 62.90% EVu ul b irn eir $129,689 47.09% Elli libll Same Cruz County $475,347 50.09% EVu ul b Scotts V Illley $86,899 24.62% Elli libll Shasta County $240,833 4 . 4% C urrenfly �nefigib e Shasta II...... lke $85,602 4 .42% Elli liblle Sierra County $56,519 4 .5 % EVu ul b li lkliyeu Couinty $119,130 50.10% Elli liblle elle 101,347 5 .49% Elli liblle Sonora 7 ,5 5 54.5 % EVu ul b South Il...... lke Iran e $138,951 5 .15% Elli liblle t. HeVena $74,487 36.53% EVu ul b uli a in City $129,689 41.31% Elli liblle u nviHe $78,007 4 . % EVu ul b Sutter Couinty $97,457 40. 4% Elli liblle Sutter Creek $65,781 50.48% EVu ul b it ft $75,784 45.35% Elli liblle Tehama $54,815 47.5 % C urrenfly �nefigib e rehaima Couinty $156,586 47.1 % Elli liblle rrliirnlity Couinty $101,903 4 .2% Elli liblle Truckee $87,639 27.72% EVu ul b ru are Couinty $490,166 5 . 4% Elli liblle T uVeV ke $57,260 63.50% EVu ul b rug lluirmirne Couinty $203,229 3 .07% Elli liblle Ukiah $108,757 4 . 5% EVu ul b Veirneirn $54,630 '75.00% Elli liblle Wasco $113,573 57.01% EVu ul b Weed 4,114 55.E1% Elli liblle Wheaflaind $60,224 30. 1% Elli liblle illlllits $77,266 55. % Elli liblle WiHows $78,377 44.5 % EVu ul b Winters 4,30 40.32% Elli liblle ood ke $75,228 62.74% C urrenfly �nefigib e °Fella Couinty $114,499 50.42% Elli liblle o untviHe $67,819 44.71% EVu ul b Yreka 5,41 7 5 .7 % Elli liblle Department of Housing and Community Development CDBG-CV1 NOFA—June 2020 Page 4 of 5 Page 4027 of 4165 I...... CII Assistaince ..1rfll $17,579,805 Non-Fe err Tribe 1. 5% $234,397 Total Local Assistance 1 , -1, 92 State of Calkforrfla Operafloins $579,952 Program Total $19,33-1,744 Department of Housing and Community Development CDBG-CV1 NOFA—June 2020 Page 5 of 5 Page 4028 of 4165 IDIS Matrix- CDBG Eligibility Activity Codes and National Objectives Matrix Code Key - National Objective Codes (N = Not Allowed) Code Eligible Activity LMA LMC LMH LMJ URG 01 Acquisition of Property - 570.201(a) 03B Facility for Persons with Disabilities N N 03C Homeless Facilities (not operating costs) N N 03P Health Facilities N 03T Operating Costs Homeless/AIDS Patients N N N 05A Senior Services N N N 05B Services for Persons with Disabilities N N N 05C Legal Services N N 05D Youth Services N N N 05F Substance Abuse Services N N 05G Services for Victims of Domestic Violence, N N N Dating Violence, Sexual Assault, or Stalking 05H Employment Training N N 05J Fair Housing Activities-Subj.to Pub.Serv.Cap N N 05K Tenant/Landlord Counseling N N N 05L Child Care Services N N N 05M Health Services N N 05N Abused and Neglected Children N N N 050 Mental Health Services N N 05Q Subsistence Payments N N N 05S Rental Housing Subsidies N N N 05T Security Deposits N N N 05U Housing Counseling Only, under 24 CFR N N N N 5.100 05W Food Banks N N 05X Housing information and referral services N N N 06 Interim Assistance N N N 08 Relocation 09 Rental Income Loss 14B Rehab; Multi-Unit Residential N N N 14G Acquisition for Rehabilitation N N N 14H Rehabilitation Administration 141 Lead-Based Paint Abetment N N N 18A ED Assistance to For-Profits N N 18B Economic Development: Technical N N Assistance 18C Micro-Enterprise Assist. N 21A General Program Admin. - 570.206 N N N N N Please contact the Department's Division of Housing Policy Development with questions and current status at (916) 263-2911. 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C O -6 � v C � � v Q v Q � u � Q i _ Q v � � v v v � Q Y v O C . O C sl O u u i Q v � C N v u Q � Q Y Q N C v � C Q v � v v N O V1 v � Q � i u Q v O E C O v u C �/t f6 � v Q C � v Q -Q Attachment 3 JURISDICATION ALLOCATIONS Housing Element Eligibility status is as of June 1, 2020. This is a static list. Ineligible jurisdictions are encouraged to resolve Housing Element issues as early to be able to participate in the CDBG-CV1 funding. Eligible jurisdictions that fail to meet Housing Element timelines may be ineligible at application. For additional information and assistance, please contact Paul McDougall at ,I ,!jJI..,,,,inr, �l, ,,,g,c r. Jurisdiction Low-Mod Income percentages are based on HUD's 2020 Area Benefit instructions. Jurisdiction CIIIYII G C 1 Ju iirliisduict9ii in Bide IHII usliing IElleurnein't Allocation % III,,,,,,ow 1IMod Ill in c urne Eligibility Alpine County $56,890 00. 2/ Currently lneluguble Allluiras $66,337 4 .47% E Iiglilblle Amador City $55,037 46.67% Currently lneluguble Amadoir Couirnly $112,462 0 .76% Ellliglilblle American Canyon $98,383 00. 0% Eligible Airndeirsoirn $86,899 61.16% Cuirreirnllly Ilirnellliglilblle Angels $68,004 43.94% Eligible Arcata $147,657 67.47% Ellliglilblle Artesia $113,758 50.05% Eligible Airvliirn $116,166 50. 0% Ellliglilblle Atwater $132,653 40. 1% Eligible Auburn $100,421 43.22% Ellliglilblle Avenal $87,639 74.1 % Eligible Beirnliclia $118,575 20.60% Ellliglilblle Biggs $59,113 5 .07% Eligible Bishop $70,042 40.07% Ellliglilblle Blue Lake $57,075 00.69% Currently lneluguble Birawlley $126,725 52.15% Ellliglilblle Butte County $279,919 45.99% Eligible Callaveiras Couirnly $173,220 41.57% Ellliglilblle Calexico $170,998 51.68% Eligible Calllimesa $74,302 0 .19% Ellliglilblle Calupatria $64,484 57.63% Eligible Calllisloga $71,338 54.19% Ellliglilblle Capitola $88,010 52.7 % Eligible Cairmell Iby the Sea $68,560 2 .46% Ellliglilblle Chowchulla $92,456 61.49% Eligible Clleairllalke $122,279 '71.16% Ellliglilblle Coalinga $86,343 40.56% Eligible Collfax $60,224 50.79% Ellliglilblle Colusa $71,894 47.70% Eligible Collusa Couirnly $69,856 0 .02% Ellliglilblle Corcoran $95,420 67.17% Eligible Coirnliirng $77,451 50.47% Ellliglilblle Crescent City $67,634 02.71% Eligible Department of Housing and Community Development CDBG-CV1 NOFA—June 2020 Page 4040 of 4165 u uriii di tii in QEYI uiirlisdic,tioimWide Housfing l urne in't Allocation % Ill,,,,,,owMod 11incoirne Eligibility C:::)ell Noirte Couinty $118,019 45. 0% Elli libll C:::)lix irn $96,716 3 . % El li li b 11 I)os f:I 11 ,301 65.38% Cuirr,einfly Ilirnellli liblle II I)oirado Couinty $403,103 34.73% Elli libll Edna $56,149 68.57% Efigi b Euireka $157,290 50.5 % Eligibb irrneir vlilllle $82,268 5 .1 % Elli liblle liirelb a gh $79,859 61 .04% Elli liblle Fort Bragg $89,492 5 . 5% Efigi b Fort Jones $57,81647. % Elli liblle whir $67,819 4 . 3% Elli liblle ;crass V Inlay $113,573 65.31% Elli liblle Gr,eenfied $117,2784.77% Efigi b ;irli lley $77,451 45. 9% Eligibb r,over� Beach ch 101,5 5 . 1% Efigi b ;u blpe $84,676 69.04% Elli liblle Hi earn HlHs $59,6681 .33% Elli liblle 12 IItvlilllle $69,115 5 .48% Eligibb Hu it irn $83,379 '70. % Elli liblle �rnIper�u V $76,525 20.91% Efigi b lirmlpeirli ll Couinty $145,805 4 .54% Eligibb lira a stiry $54,815 65.85% Eligibb l ime $63,003 3 .75% Eligibb Kling irn li ty $112,462 68.41% El li li b lle 1...... lke Couinty $202,859 51.44% Cuirr,einfly Ilirnellli liblle Lakeport $66,337 41.50% C ur,r,enfly �nefigib e 1......assein Couinty $85,417 3 .47% Elli liblle ----------------------------------------------------------------------------------------------------------------------------------- Department of Housing and Community Development CDBG-CV1 NOFA—June 2020 Page 2 of 5 Page 4041 of 4165 u�uriii d ii flii in IlEXI a iirui ui Allocation ll,,,,,,owMod 11incorne l 111 lii lii 11 lii 111 lii fy I......IiirnC llirn $170,442 33. 7% Elli libll 1......live Oak $75,043 55.1 7% EIIi Iibll 1......001mli ,375 24.55% Eligibb Los Banes $157,845 5 .5 % EVu ul b 1...... y ll t irn $56,519 55. 1% Curreinfly Il irn Il li li b 11 Madera County $229,904 47. 0% EVu ul b Mammoth II......akes $68,375 5 .34% Eligibb Maricopa $55,7780. % C urrenfly �nefigib e Mairiina $132,097 4 .32% Elli liblle Mariposa County $107,645 38.31% EVu ul b Mairysvilkle $92,456 5 .37% Eligibb I eir dobi n County $293,812 45. 7% Eligibb Merced County $261,024 51.54% EVu ul b �Modoc Couinty $63,929 4 .50% Curreinfly Ilirnellli liblle Mointague $57,445 4 . % Elli liblle Mount Shasta $75,228 45. 1% EVu ul b Napa a inty $120,057 41. 4% Elli liblle Nevada City $65,966 4 .00% EVu ul b �Nevada Couinty $257,134 3 .32% Elli liblle Orange Cave $84,861 75.54% C urrenfly �nefigib e Oirlaind $77,451 55. 5% Eligibb roviHe $114,870 55. 0% EVu ul b F:1 ClifliC (:drove $99,495 23.93% Elli liblle Pabs Verdes Instates $80,971 15. 1% EVu ul b F:1 irlllieir $111,906 '71.45% Elli liblle f:Ibceir Couinty $382,1 1 31.45% Elli liblle PbcerviHe $92,826 55. % EVu ul b f::Ibirn a inty $101,532 41.09% Elli liblle P yrr o u t $56,334 55.42% EVu ul b f:I liirnt Areina $56,334 5 . 5% Elli liblle Raincho Mirage $144,323 34.32% Elli liblle Red B ff $103,941 5 . % EVu ul b Rio IC:::)ellll $66,152 4 . % Curreinfly Ilirnellli liblle Rue Vista $80,600 4 . 0% EVu ul b C Iiveirlb irnik $102,273 35.70% Elli liblle Sari Beni-to County $101,532 45. % EVu ul b irn Joaquiin $65,781 '7 . 1% Elli liblle ----------------------------------------------------------------------------------------------------------------------------------- Department of Housing and Community Development CDBG-CV1 NOFA-June 2020 Page 3 of 5 Page 4042 of 4165 u�uriii dii flii in IIG;�IBG a iirui ui Allocation ll,,,,,,owMod 11incorne l 111 lii lii 11 lii 111 lii fy San Juan Bautista $63,553 51.5 % EVu ul b Baia Juan Capistraino $198,413 51.84% Elli liblle Sand City $56,112 62.90% EVu ul b irn eir $129,689 47.09% Elli libll Same Cruz County $475,347 50.09% EVu ul b Scotts V Illley $86,899 24.62% Elli libll Shasta County $240,833 4 . 4% C urrenfly �nefigib e Shasta II...... lke $85,602 44.42% Elli liblle Sierra County $56,519 4 .5 % EVu ul b li lkliyeu County $119,130 50.10% Elli liblle obno County $107,460 3 .35% EVu ul b elle 101,347 5 .49% Elli liblle Sonora 7 ,5 5 54.5 % EVu ul b South Il...... lke Iran e $138,951 5 .15% Elli liblle t. Hebna $74,487 3 .53% EVu ul b Suisun u n lity $129,689 41.31% Elli liblle u nviHe $78,007 4 . % EVu ul b Sutter County $97,457 40.84% Elli liblle Sutter Creek $65,781 50.48% EVu ul b it ft $75,784 45.35% Elli liblle Tehama $54,815 47.5 % C urrenfly �nefigib e relhairn County $156,586 47.18% Elli liblle rrliirnlity County $101,903 43.72% Elli liblle Truckee $87,639 27.72% EVu ul b rub ire County $490,166 53. 4% Elli liblle T ub ke $57,260 63.50% EVu ul b rug llu irnirne County $203,229 33.07% Elli liblle Ukiah $108,757 4 . 5% EVu ul b Veirneirn $54,630 '75.00% Elli liblle Wasco $113,573 57.01% EVu ul b Weed 4,114 65.41% Elli liblle Wheaflaind $60,224 30. 1% Elli liblle Mfiams $67,634 3 .54% EVu ul b WIlHits $77,26655.82% Elli liblle wiHows $78,377 44.5 % EVu ul b Winters 4,30 40.3 % Elli liblle ood ke $75,228 62.74% C urrenfly �nefigib e °Fella County $114,499 50.42% Elli liblle o untviHe $67,819 44.71% EVu ul b Yreka 35,41 7 5 .78% Elli liblle Yuba County $228,607 45.13% EVu ul b Department of Housing and Community Development CDBG-CV1 NOFA—June 2020 Page 4 of 5 Page 4043 of 4165 I......ocall Assistaince ..1rafall $17,579,805 Non-Fe err Tribe 1. 5% $234,397 allairnlia 5% $937,590 Total Local Assistance 1 , -1, 92 State of Cdifornia Operafloins $579,952 Program Total 19, '1 ,744 Department of Housing and Community Development CDBG-CV1 NOFA—June 2020 Page 5 of 5 Page 4044 of 4165 Attachment 4 RESOLUTION NO. 2020- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH APPROVING AN APPLICATION FOR FUNDING AND THE EXECUTION OF A GRANT AGREEMENT AND ANY AMENDMENTS THERETO FROM THE 2020 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM- CORONAVIRUS RESPONSE ROUND 1 (CDBG-CV1) NOFA DATED JUNE 5, 2020 BE IT RESOLVED by the City Council of the City of Ukiah as follows: SECTION 1: The City Council has reviewed and hereby approves the submission to the State of California of one application, in the aggregate amount of not to exceed $108,757, for the following CDBG-CV1 activities, pursuant to the June 2020 CDBG-CV1 NOFA: City of Ukiah Public Facility Improvement Project Not to Exceed $ 90,269 General Administration Not to Exceed $ 18,488 Total Not to Exceed $108,757 SECTION 2: The City hereby approves the use of Program Income in an amount not to exceed $0 for the CDBG-CV1 activities described in Section 1. SECTION 3: The City acknowledges compliance with all state and federal public participation requirements in the development of its application. SECTION 4: The City hereby authorizes and directs City Manager Sage Sangiacomo to execute and deliver the application and act on the City's behalf in all matters pertaining to the application. SECTION 5: If an application is approved, the City Manager is authorized to enter into, execute and deliver the grant agreement (i.e., Standard Agreement) and any and all subsequent amendments thereto with the State of California for the purposes of the grant. SECTION 6: If an application is approved, the City Manager is authorized to sign and submit Funds Requests and all required reporting forms and other documentation as may be required by the State of California from time to time in connection with the grant. Page 4045 of 4165 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Ukiah held on August 5, 2020 by the following vote: AYES: NOES: ABSTAIN: ABSENT: Douglas F. Crane, Mayor Ukiah City Council STATE OF CALIFORNIA City of Ukiah ATTEST: I, Kristine Lawler, City Clerk of the City of Ukiah, State of California, hereby certify the above and foregoing to be a full, true and correct copy of a resolution adopted by said City Council on this 5th day of August, 2020. Kristine Lawler, City Clerk of the City of Ukiah of the State of California By: Page 4046 of 4165 Agenda Item No: 11.c. MEETING DATE/TIME: 8/5/2020 ITEM NO: 2020-428 U6ptll mi d0 lJ aqy j-� � City oj, AGENDA SUMMARY REPORT ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, SUBJECT: Public Hearing on Financing Documentation for Facilities Acquisition, Enhancement, and Repair of Recently Acquired Property at 501 South State Street and Other Facilities (Recommended to be continued to a date certain of August 19, 2020). DEPARTMENT: Finance PREPARED BY: Dan Buffalo, Finance Director PRESENTER: Dan Buffalo, Director of Finance ATTACHMENTS: None Summary: The City Council has expressed its intention to issue municipal tax-exempt bonds to reimburse the City for the cost to purchase the 501 South State Street. Furthermore, there is also the need to consider other renovations and deferred maintenance at other city facilities. Background: The acquisition of the 501 South State took place on June 1, 2020, and it is now necessary and appropriate for the City to follow through with the financing the acquisition costs. Further, staff anticipates financing needs for renovation and deferred maintenance of other city facilities. Discussion: This item is recommended to be continued to the August 19, 2020 City Council meeting in order to allow time for the Budget Ad hoc to continue meeting and review the scope, financing plan, and related documents. Note, the item was originally scheduled and noticed for July 1 and subsequently continued to August 5th. Recommended Action: Continue the agenda item to a time/date certain on August 19, 2020, at 6:15 PM to conduct a public hearing on financing documentation for facility acquisition and improvements. BUDGET AMENDMENT REQUIRED: No CURRENT BUDGET AMOUNT: N/A PROPOSED BUDGET AMOUNT: N/A FINANCING SOURCE: N/A PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A COORDINATED WITH: City Manager's Office Approved � . Page 1 of 1 Page 4047 of 4165 Agenda Item No: 12.a. MEETING DATE/TIME: 8/5/2020 ITEM NO: 2020-485 U6ptll mi d0 lJ aqy j-�� City oj, AGENDA SUMMARY REPORT ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, SUBJECT: Receive Report and Consider Directing Staff to Gather the Necessary Information and Conduct the Necessary Analyses to Develop an Application for Potential Annexation of Certain Unincorporated Lands, Including and Surrounding those Areas Commonly Known as the Brush Street Triangle, the Masonite Area Properties, and the City's Water Treatment Plant; and Bring that Application and Pertinent Information and Analyses to the City Council for its Consideration. DEPARTMENT: Community PREPARED BY: Craig Schlatter, Community Development Development Director PRESENTER: Craig Schlatter, Community Development Director ATTACHMENTS: 1. Past Staff Reports- 1-16-20 and 8-27-19 workshops 2. CC Reso 2020-06 - Adopting Annexation Policy 3. Map of Potential Annexation Area Summary: Council will receive a report and consider directing Staff to gather the necessary information and conduct the necessary analyses to develop an application for potential annexation of certain unincorporated lands, including and surrounding those areas commonly known as the Brush Street Triangle, the Masonite Area properties, and the City's Water Treatment Plan. Council will also consider directing Staff to bring that application and pertinent information and analyses to the City Council for its consideration. Background: At two workshops on August 27, 2019 and January 16, 2020, City Council and Staff discussed the City of Ukiah's long-term land use planning policy for Ukiah and the Ukiah Valley. The August 27 workshop provided an overview of reorganization requirements under the Cortese-Knox-Hertzberg Act and the role of the Mendocino Local Agency Formation Commission. Staff also outlined proposed Policy Directives for Council's consideration, which Council approved by a 3-1-1 vote. Councilmembers expressed concern with and request for further consideration of Policy Directive#2, particularly as it related to the origin of the 1995 Sphere of Influence (SOI) proposed as part of the 1995 General Plan. Consequently, at the January 16, 2020 workshop, Staff presented research on long term land use planning conducted in Ukiah and the Ukiah Valley since 1974, including a discussion on the origin of the Ukiah Valley General Plan (City of Ukiah General Plan) and the resulting 1995 SOI. Staff also presented a revised Policy Directive#2, to reflect this history and the input received from Council, as well as a proposed SOI. Council approved the revised Policy Directive#2 and proposed SOI by a 5-0 vote. The staff reports for both items at the August 27, 2019 and January 16, 2020 workshops are attached as Attachment 1. Also at the January 16, 2020 workshop, a second agenda item requested Council adoption of a resolution adopting an annexation policy. Council adopted Resolution No. 2020-06 (Attachment 2) by a 5-0 vote. Discussion: Since receiving direction from Council at the January 16 workshop and in accordance with the City's Annexation Policy, which states in part that: "the City will apply for the annexation of unincorporated areas and will support property owners who desire to annex to the City where the City determines it to be in its Page 1 of 2 Page 4048 of 4165 residents' interests to do so, to promote orderly development, to implement General Plan goals and objectives, and/or to ensure the efficient provision of municipal services," Staff have been analyzing possible annexation implementation approaches. Possible implementation approaches have been informed and influenced by the City's priority as expressed by City Council in providing efficient municipal services, including effective fire mitigation and suppression, water supply, and electricity services; preventing urban sprawl; preserving open space and protecting prime agricultural lands; maintaining economic opportunities; and having an orderly approach to long-term planning in the Ukiah Valley. Given Council's recent direction plus historical efforts to annex portions of the area generally known as the Brush Street Triangle, Staff and the Ad Hoc feel annexing the area in and around the Brush Street Triangle, including areas around the Masonite Area properties and the City's Water Treatment Plant (see Attachment 3 for a map of the potentially proposed area), is appropriate and an important first step in achieving the Council's policy objectives outlined above. Additionally, Staff have been approached by owners within this area who have expressed a desire for the City to annex their properties. There are also compelling economic development reasons for the Ukiah Valley for proceeding with annexation of the Brush Street Triangle, areas around the Masonite Area properties, and areas around the City's Water Treatment Plant. These areas represent the primary region for industrial and manufacturing zoned properties in the Valley, and by extension and implication, all of Mendocino County. Providing the full suite of City municipal services to these areas will provide significant economic opportunities to Ukiah and the Ukiah Valley, as well as keeping businesses and jobs in the Ukiah Valley. At this time, Staff and the Advanced Planning and Policy Ad Hoc recommend Council receive this report and direct Staff to gather the necessary information and conduct the necessary analyses to develop an application for potential annexation of certain unincorporated lands, including and surrounding those areas commonly known as the Brush Street Triangle, the Masonite Area properties, and the City's Water Treatment Plan; and bring that application and pertinent information and analyses to the City Council for its consideration. Recommended Action: Receive report and direct staff to gather the necessary information and conduct the necessary analyses to develop an application for potential annexation of certain unincorporated lands, including and surrounding those areas commonly known as the Brush Street Triangle, the Masonite Area Properties, and the City's Water Treatment Plant; and bring that application and pertinent information and analyses to the City Council for its consideration. BUDGET AMENDMENT REQUIRED: N/A CURRENT BUDGET AMOUNT: N/A PROPOSED BUDGET AMOUNT: N/A FINANCING SOURCE: N/A PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A COORDINATED WITH: Advanced Planning and Policy Ad Hoc Committee; Phil Williams, Special Water Counsel; Shannon Riley, Deputy City Manager/Economic Development Lead pd . o Page 2 of 2 Page 4049 of 4165 Attachment 1 Agenda Item No: 3.a. MEETING DATE/TIME: 1/16/2020 ITEM NO: 2020-114 U6ptll mi Cit d0 �lJ aqy " Ukiah AGENDA SUMMARY REPORT SUBJECT: Discussion with Possible Direction to Staff Regarding the City of Ukiah's Long-Term Land Use Planning Policy for Ukiah and the Ukiah Valley. DEPARTMENT: Community PREPARED BY: Craig Schlatter, Community Development Development Director ATTACHMENTS: 1. 8-27-19 CC LT Planning Workshop ASR 2. City of Ukiah 1995-Proposed SOI 3. Building Div# of inspections-permits 2003-present (2019) Summary: Council will receive a report from Staff regarding the City of Ukiah's long-term land use planning policy for Ukiah and the Ukiah Valley, specifically related to research and additional analysis and information pertaining to Policy Directive No. 2. Background: On August 27, 2019, City Council and Staff discussed the City of Ukiah's long-term land use planning policy for Ukiah and the Ukiah Valley during a workshop at the Ukiah Valley Conference Center. The workshop served to provide information regarding reorganization requirements under the Cortese-Knox-Hertzberg Act, the role of the Local Agency Formation Commission, and key terms such as Sphere of Influence and Municipal Service Review, as well as outlining proposed Policy Directives for Council's consideration. The discussion was prompted by priorities and strategies within the City Council's Strategic Plan, which listed actionable items as 1) update the Ukiah General Plan; 2) update the City of Ukiah's sphere of influence; 3) prepare and adopt annexation policies, and; 4) evaluate and amend the city zoning code to improve efficiencies/public service and protect natural resources. See Attachment 1 for the Staff Report for August 27. During discussion by Council related to the recommended Policy Directive No. 2, Council requested additional information regarding possible reasons for the reduction of the Sphere of Influence (SOI) proposed in the 1995 General Plan. Although never adopted by the Mendocino County Local Agency Formation Commission (Mendocino LAFCo), the 1995-proposed SOI (see Attachment 2) reflected a departure from the long-term planning policy and approach to growth management in Ukiah and the Valley since 1974. Discussion: To address Council's questions plus explore information provided by Mendocino LAFCo's Executive Officer at the August 27 City Council workshop related to Areas of Interest, Staff has conducted extensive research into the City's archives and historical files, as well as reviewing past City Planning staff's notes and files. The following constitutes the sources and materials reviewed: 1974 General Plan, 1984 General Plan, Sphere of Influence Study prepared by William R. Zion, Fall 1984, Planning Commission agenda packets and minutes for the period 1991 to 1995 (which included updates from the Growth Management Steering Committee formed to provide recommendations for the City's 1995 General Plan), 1991 Ukiah Valley-Wide Task Force Report and Recommendations, minutes and agenda packet materials from 1994 and 1995 meetings of the City Council, Page 1 of 8 Page 4050 of 4165 the 1995 Ukiah Valley General Plan, documents/notes from former Community Development Director Stump titled "City of Ukiah Sphere of Influence Update 2014-2015," 2009 Ukiah Valley Area Plan, Mendocino County General Plan (2009), and the 2012 City of Ukiah Municipal Service Review. Research was conducted from published reports, studies, and documents and publicly available legislative materials. No interviews were conducted as part of this research, nor were any opinions collected from the former members of the committees, City Councils, Boards of Supervisors, special districts, certain special interest agencies and organizations, or the former or current staffs of these various entities. Below is a timeline listing key events leading up to and/or related to the development of the 1995 General Plan, as well as pertinent quotes. 1. Establishment of the City of Ukiah Sphere of Influence Fall 1984: Sphere of Influence Study, by William R. Zion Known as the Zion Study, this was an independent Mendocino County-wide study completed for all special districts and local agencies in Mendocino County. The purpose of the study was to make recommendations to Mendocino LAFCo on appropriate SOls for Mendocino County. Relevant quotes: "The adopted city"(of Ukiah) "sphere of influence includes all of both water districts, except for that part of Willow south of Boonville Road. In addition the territory of both districts is part of the Ukiah urban area and needs the full range of city services." "Because of the inclusion of the districts within the Ukiah sphere, a "zero"sphere is indicated, implying no annexations and eventual annexation to Ukiah and dissolution. That part of the Willow district outside the city sphere could have a sphere permitting some expansion, if LAFCo feels this is consistent with the county general plans and with local needs." This study and recommendations within the study served as the basis for establishing Ukiah's SOI, which Mendocino LAFCo adopted on December 3, 1984, through Resolution No. 84-15. 2. Early Annexation Efforts and Intentions There has been speculation that the City never intended to annex areas within its 1984 SOL However, in reviewing actions and legislative proceedings from 1984 to 1989 it appears the City was actively preparing to annex areas within the entire SOI while also focusing on preservation and protection of agricultural areas. August 1986: City Council Ordinance 858, Prezoning Certain Properties Ukiah North "Whereas, pursuant to Government Code Section 65859, the City has the authority to prezone property within its Sphere of Influence, and Whereas, the subject prezone includes 1110 parcels extending from the northern city boundaries to Highway 20 and westerly to the foothills from the Russian River." November 1988: City Council Minutes, Presentation of Maps of the Incorporated Ukiah Valley "The City Manager presented maps depicting the Ukiah Valley with the City of Ukiah sphere of influence that is overlapped by different water, sanitation, and fire districts. He noted since the City Council has established a Page 2 of 8 Page 4051 of 4165 goal of incorporating the Ukiah Valley, this map visibly shows the magnitude of the issues to be resolved. (Mayor Henderson, Councilmembers Shoemaker, Schneiter, Hickey, and Wattenburger)." February 1989: Letter from Mayor of Ukiah City Council to Board of Supervisors and Policy Resolution First paragraph and part of second paragraph from letter written by Mayor Colleen Henderson to Marilyn Butcher, Chairman of Board of Supervisors: "As you may know, the City of Ukiah is in the process of prezoning all parcels of land within its sphere of influence. We have completed the prezoning of all lands to the north, and down the east side of the valley south to Gobbi Street. This process raised some concern within the farming community that agriculturally zoned lands might not be preserved. The City has always had a strong commitment to the preservation of agriculture in the valley and an individual's right to farm on such agriculturally zoned lands. In light of this commitment and in light of the farming community's concerns, the City Council and Mendocino County Farm Bureau have adopted policy resolutions reflecting our joint position on prezoning and annexation of agricultural lands from Gobbi Street south in Ukiah's sphere of influence...I am enclosing copies of both resolutions for your reference." 3. Towards a Plan for the Ukiah Valley- Development of the 1995 Ukiah Valley General Plan 1990-91: Ukiah Valley-Wide Task Force Report and Recommendations A Valley-wide task force was formed by the City of Ukiah and County of Mendocino in April 1990. The task force consisted of a combination of citizens-at-large, County and City representatives, representatives from each of the water districts and fire district, and representatives from agencies of other certain interests. The purpose of this task force was "to initiate a long overdue study of possible consolidation of services, and consolidation of interests in providing services and/or meeting future service needs in the areas of water, sewer, emergency services and development standards." After several meetings, the Task Force produced a draft report in August 1991 with findings and recommendations for efficient delivery of public services within the Ukiah Valley. The task force also produced an implementation plan for accomplishing the recommendations. "8. The County and City shall reactivate their joint planning meetings and utilize these joint meetings to facilitate the standardization of development standards in the Valley." In relation to the sections focused on the Ukiah Valley, the report reinforced the importance of joint planning between the City and Mendocino County, especially in regards to future development and land use. The report also served as the basis for the future Community Facilities Element of the 1995 Ukiah Valley General Plan (1995 Ukiah Valley General Plan, Section 2.02.8). 1990-1994: Growth Management Steering Committee November 21, 1994 Staff Report from City of Ukiah Planning Department to City of Ukiah Planning Commission providing background and a recommendation to adopt the Draft Ukiah Valley General Plan and Draft Environmental Impact Report: "In late 1990, the Ukiah City Council authorized and budgeted for this planning effort"(the 1995 Ukiah Valley General Plan). "Thereafter, the Growth Management Steering Committee (GMSC) was formed to guide the Plan's development, and a planning consultant was awarded the contract to perform necessary research and actually compose the document. The GMSC is a 35-member citizen advisory committee made up of Valley-wide participants representing groups, organizations, agencies, districts, and the general public. The consultant is The Company of Eric Jay To//AICP, Inc., a small planning firm from Carson City, Nevada. The GMSC, which met regularly over the course of the entire four-year period, Page 3 of 8 Page 4052 of 4165 was basically responsible for crafting the final version of virtually every goal, policy, and implementation measure contained in the Plan, as well as many of the findings contained in each Element." In addition to the GMSC, individual Citizen Advisory Committees (CACs) were created for each of the 14 General Plan Elements. Similar to the member composition of the GMSC, the CACs represented Valley-wide interests. "Each volunteer"(of the GMSC and CACs) "was drawn from a broad cross-section of the entire" (emphasis included within document) "community- both in the City and in the Valley."(1995 Ukiah Valley General Plan, Section 1- Preface) "...it was apparent from the early stages of the planning process that the Ukiah Valley General Plan would have its greatest influence on the long-term development and use of the Valley if both the City of Ukiah and the County of Mendocino would utilize it for decision-making and planning policy. Accordingly, about mid-1991, City staff broached the subject of having the County adopt the eventual document as an Area Plan of the Mendocino County General Plan with County officials and the County Planning Commission and Board of Supervisors." Although serving as the City of Ukiah's General Plan, the 1995 Ukiah Valley General Plan appears to have been envisioned by its creators to be the area plan for the Ukiah Valley. Through the collaborative efforts of both County and City representatives, the 1995 Plan would eventually be used to develop the 2009 Ukiah Valley Area Plan (UVAP), which is a component of the Mendocino County General Plan. Utilization of an area plan as a municipal general plan is unusual. Common planning practice is for area or specific plans to be used for systematic implementation of a general plan (as is the case currently with the 2009 UVAP and its relationship to the Mendocino County General Plan). In its 2017 General Plan Guidelines, the California Office of Planning and Research (OPR) notes the followings: "Area and community plans are part of the general plan. A specific plan is a tool for implementing the general plan but is not part of the general plan..."Area plan"and "community plan"are terms for plans that focus on a particular region or community within the overall general plan area." This aspect deserves further study, which Staff has attempted in Section 4 below. Additionally, given the City's current updating of the General Plan, Council will want to consider if continuing with a Valley-wide focused municipal general plan for the 2040 General Plan is appropriate, especially in light of the 2009 County of Mendocino adopted UVAP. Staff has provided some preliminary recommendations, and a future General Plan workshop has been scheduled to discuss the subject further. 1994-1995: Sphere of Influence and Planning Commission and City Council Review and Adoption The earliest conceptualizations of the 1995-proposed SOI appear to have been developed by various stakeholder groups, either in conjunction with or independent of the Ukiah Valley General Plan GMSC. For example, in a City planning staff report produced in February 1994 a footnote to the report states "In addition to the Staff-proposed version, the GMSC already has a color copy of the Board of Realtors'proposed Sphere of Influence, and has seen a presentation of the Farm Bureau's version. In addition, Lief Farr has also proposed a Sphere of Influence based on other issues." From the reports, minutes, and documents produced during this period, it appears that the GMSC reviewed multiple proposed SOls from different Valley-wide stakeholders, then developed a final proposed SOI, which was inserted into the Draft Ukiah Valley General Plan.* The efforts of the GMSC concluded sometime in mid-1994, and the Draft Ukiah Valley General Plan was presented to the Planning Commission on December 13, 1994. Through a series of public meetings from Page 4 of 8 Page 4053 of 4165 December 1994 to April 1995, the Planning Commission discussed and deliberated on proposed revisions to the General Plan. After conceptually approving the Draft on June 10, 1995, the City Council conducted a series of public meetings and made "numerous additional revisions," resulting in a Final General Plan that was adopted on December 6, 1995. It seems the final City Council adopted version was relatively unchanged from the GMSC Draft document. Per Section I.1.3, Preface, of the Ukiah Valley General Plan "The Planning Commission worked hard on the draft Plan, but, in the end, the Plan was left basically and functionally intact from the Growth Management Steering Committee's final version...The document was, and remains, truly representative of the citizens of the Valley..." 4. Summary of Research The 1995 Ukiah Valley General Plan, although serving as the City's municipal general plan, is essentially an older version of the (2009) Ukiah Valley Area Plan. It is not a traditional municipal General Plan in that it is not focused primarily on City incorporated areas. This historical context is important. Although aligning with a vision in earlier General Plans that foresaw the City and Valley as one community, the difference between the City's General Plans and related efforts between 1974 and 1989 and the Ukiah Valley General Plan process of 1990-1995 appears to be that the former was Ukiah-centric versus the latter that was area-wide. It is Staff's opinion that although this was a worthwhile planning effort ultimately leading to development of the UVAP, at this point (2020) in the Valley's development it is appropriate for the City to have its own municipal general plan, and although not required by State law, the 2040 General Plan should seek to achieve consistency with the 2009 UVAP. It is also not clear that City of Ukiah representatives on the Planning Commission or City Council were fully in support of the valley-wide approach to the City's General Plan. "While the document was not changed in a grand or profound way as a result of the Commission's involvement, it would nevertheless be misleading and inaccurate to deduce that the Commission was in full harmony on various issues, or that individual Commissioners did not have viewpoints that substantially deviated from the Steering Committee's recommendations...Indeed, differences of opinion were expressed in regards to...the Plan's relationship to the community's needs." However, although it can be proven with a degree of certainty that the 1995 Ukiah Valley General Plan is akin to an area plan, the specific motivation or reasoning behind the 1995-proposed SOI is more ambiguous. There appear to have been several early versions of the SOI developed by various stakeholder groups but few additional details or reasons are provided as to how these proposals were formulated. Given that the final Draft Ukiah Valley General Plan was produced by the GMSC for presentation to the Planning Commission and City Council and this Draft Plan included the 1995-proposed SOI, it is thus reasonable to conclude the 1995 SOI was a product of the GMSC. In light of this research, plus research into subsequent confirmations of the 1995 SOI by City Councils in 2006 and 2012 (although in 2012 there was an amendment proposed to increase the 1995 SOI slightly to encompass the western hills) it is Staff's conclusion that the reasoning behind the 1995 SOI consisted of the following: 1) the focus of the City's General Plan was on the entire Valley, and the City's representation was reduced due to the composition and focus of the GMSC and CACs; 2) little to no City-related annexation applications had been received, nor approved, during the period from 1974 to 2012, so there were limited realistic development expectations for the City, and 3) a combination of little to no population growth, limited new construction activity, and the Great Recession in 2007-2009 all tempered future growth expectations. Page 5 of 8 Page 4054 of 4165 5. Staff Recommendations Given this research, plus other analysis below, Staff recommends modifying Policy Directive No. 2 as follows (note that strikethroughs are utilized to show deletions to the current Policy language): Policy Directive No. 2: Maintain the City's current Planning Area as the City's long- term Sphere of InfI,_1@;nQ_9 Planning Area. Reduce the City's Sphere of Influence to be reflective of areas with existing and forecast urbanized development within the next 10 years and designate as Areas of Interest areas outside the SOI but within the City's 2040 Planning Area. Reasoning behind 2040 Planning Area Recommendation The planning area in the 1995 General Plan is coterminous with the current (1984) SOI and planning area of the Ukiah Valley Area Plan (UVAP). Planning areas represent geographical areas, sometimes similar to or the same as SOls and at other times greater than SOls, representing any land outside a city's boundaries which in the planning agency's judgment bears relation to its planning (Gov. Code 65300). In its 2017 General Plan Guidelines, the California Office of Planning and Research (OPR) notes "When establishing its planning area, each city should consider using its sphere of influence as a starting point, and building off of that area based on factors such as its location in a watershed."Both the 1995 Ukiah Valley General Plan and 2009 UVAP refer to the Ukiah Valley as one community, and in Staffs opinion this reinforces the importance of establishing the City's planning area as coterminous to the UVAP planning area. However, adoption of a planning area alone would limit the City's ability to "have a seat at the table" when it comes to land use planning and future development in the Ukiah Valley. Therefore, Staff recommends Council direct that Staff work with Mendocino LAFCo to pursue Areas of Interest for all areas outside the proposed SOI but within the 2040 planning area. Mendocino LAFCo defines Areas of Interest in its Policies & Procedures Manual as the following: "An Area of Interest is a geographic area beyond the sphere of influence in which land use decisions or other governmental actions of one local agency (the "Acting Agency") impact directly or indirectly upon another local agency (the "Interested Agency"). For example, approval of a housing project developed to urban densities on septic tanks outside the city limits of a city and its sphere of influence may result in the city being forced subsequently to extend sewer services to the area to deal with septic failures and improve city roads that provide access to the development. The city in such a situation would be the Interested Agency with appropriate reason to request special consideration from the Acting Agency in considering projects adjacent to the city." (Policies & Procedures Manual, Section 10.1.12) Reasoning behind Sphere of Influence Recommendation The Office of Planning and Research defines a Sphere of Influence as "a plan for the probable physical boundaries and service area of a local government agency as determined by the" (local agency formation) "commission." Spheres of Influence are designed to map out future development of urban uses or urban-type service expectations within a certain period of time, usually 10-20 years. In deciding on an appropriate SOI for recommendation, it is important to analyze both the historical decision-making leading up to the current SOI and 1995-proposed SOI, plus affirmations of these SOls, as well as the planning and development landscapes of these eras and the era since the 2012 Municipal Service Review (the date of the most recent Council affirmation of the 1995-proposed SOI). This historical perspective was the key component missing in Staff's Page 6 of 8 Page 4055 of 4165 presentation at the August 27, 2019 workshop. There are five, and possibly more, notable differences between the time period of 1995 to 2012 and the period of 2012 to the present. From a review of data on building permits (see Attachment 3), plus inquiries related to new commercial and residential development, development pressures have potentially been greater within the last seven years than in any time since the "growth years" of the 1920s.** Second and given the demand for development, the City is rapidly approaching full build-out. Third, within the last approximately 5 years Ukiah like most of California has experienced significant demand for housing, and new State laws like SB 743 and the California Housing Package have prioritized that this housing be located within infill areas served by adequate infrastructure and services. Fourth, the City recently completed a study that identified 12 Disadvantaged Unincorporated Communities (DUCs), and per Mendocino LAFCo's Policies and Procedures, Issues of Interest, Section D. "To promote environmental justice for underserved inhabited communities, funding sources should be identified for extension of municipal services, including options for annexation of contiguous disadvantaged unincorporated communities."And fifth, given these reasons, plus the increasing need for wildfire mitigation planning within the Wldland Urban Interface, it will be vital that the City move forward with a plan for the orderly development of future urbanized areas. Consequently, it is Staff's opinion that the SOI should reflect the current and future perspective of Ukiah and its Valley, representing realistic infill development expectations within the short-term planning period- areas that are planned to be annexed by the City within the next 10 years (see proposed SOI in Attachment 4). Staff is also of the opinion that the City's general plan should be reflective of this updated perspective and that, although not required by State Law, the general plan be consistent with the County's UVAP. From a big picture standpoint, this policy recommendation effectively ties together all separate but related components of long-range planning in Ukiah and the Ukiah Valley. It is reflective of historical policy (through consistency with the UVAP), current development conditions, and future infill development expectations. It also represents a policy that is more proactive and driven by the City. Footnotes: *Because the GMSC provided information to the consultant Eric Jay Toll, Inc., who then prepared the Preliminary General Plan, which would serve as the basis for the Draft Ukiah Valley General Plan presented to the Planning Commission and City Council, and because it appears the GMSC and CACs were not legislative or quasi-legislative bodies and not subject to the Brown Act, no minutes or reports have been found that were produced by the GMSC and CACs. Instead, Staff has been able to piece together the origin of City planning staff's Sphere of Influence recommendation through review of informational reports(updates) produced by City staff and agenda packets and minutes of the Planning Commission and City Council. **This statement is made from a review of the resources cited in this report. Development pressures prior to 1974 have not been studied in detail. Recommended Action: 1) Receive report and discuss; 2) direct Staff to proceed with Policy Directive No. 2, as revised within this Staff Report. BUDGET AMENDMENT REQUIRED: CURRENT BUDGET AMOUNT: PROPOSED BUDGET AMOUNT: FINANCING SOURCE: Page 7 of 8 Page 4056 of 4165 PREVIOUS CONTRACT/PURCHASE ORDER NO.: COORDINATED WITH: Approved: Sage Sangiacomo, City Manager Page 8 of 8 Page 4057 of 4165 Agenda Item No.: 4a MEETING DATE/TIME: 8/27/2019 i PEAK ITEM NO: COU-784-2017 of Ukiah AGENDA SUMMARY REPORT SUBJECT: Discussion with Possible Direction to Staff Regarding the City of Ukiah's Long-Term Land Use Planning Policy for Ukiah and the Ukiah Valley. DEPARTMENT: Community De\,elopment PREPARED BY: Craig Schlatter ATTACHMENTS: Attachirnent '.1. IPJiendodi no II...AII::Co IP&P IManu.nall 20.1.. Attachment 2 IPJiendodi no II...AII::Co 4 '.1. 1.9 agenda llpadket Attachment 3 UVAIP Clhnallp. 3 Il...airnd Use and CID Attachment UVAIP IMallp lPllairnirnii n Airea (Il::ii u.nire 9.1) Attachment 5 Uldalhn Valley 11=iiira:* I[Nstiriict IMallp Summary: Council will discuss the status of planning documents relating to long-term land use planning in Ukiah and the Ukiah Valley, with possible direction to Staff. This item specifically addresses the "Actionable Items" identified in the Council's Strategic Plan under"Plan for the Future: Utilize sound principles for valley-wide planning." Background: The Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 ("CKH Act"), enacted through the passage of AB 2838, combined existing statutes--such as the act formerly known as the Cortese-Knox Act--into a single law and significantly and comprehensively reformed local government reorganization law. The CKH Act provides the framework for proposed city and special district annexations, incorporations/formations, consolidations, and other changes of organization. This law establishes a Local RECOMMENDED ACTION: 1) Receive report and discuss; 2) direct Staff to proceed with Policy Directives 1, 2, and 3 as outlined in this Staff Report. BUDGET AMENDMENT REQUIRED: No CURRENT BUDGET AMOUNT: N/A PROPOSEDBUDGETAMOUNT: N/A FINANCING SOURCE: N/A PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A COORDINATED WITH: David Rapport, City Attorney Approved. SPA S 66' r , City maroger Page 4058 of 4165 Agency Formation Commission (LAFCo) in each county, empowering it to review, approve, or deny proposals for boundary changes and incorporations/formations for cities, counties, and special districts. LAFCos were first created by the Legislature in 1963. Currently, although exercising both regulatory and planning functions, the major planning task of LAFCOs across the state is the "establishment, periodic review, and update of spheres of influence (SOI) for the various governmental bodies within their jurisdiction" (Office of Planning and Research--LAFCOs, General Plans, and City Annexations, 2012). The Mendocino County Local Agency Formation Commission ("Mendocino LAFCo") is the LAFCo for Mendocino County. Mendocino LAFCo annually reviews its five-year rolling work plan and associated budget, primarily focusing on municipal service reviews ("MSRs") and SOI Updates. Mendocino LAFCo also reviews and updates its policies and procedures manual as needed. The Mendocino Local Agency Formation Commission Policies & Procedures Manual (Attachment 1), last updated and adopted on November 5, 2018, sets forth policies and procedures for carrying out Mendocino LAFCo's functions. A Sphere of Influence is "a plan for the probable physical boundaries and service area of a local government agency as determined by the commission," while a municipal service review is a "comprehensive review of all agencies that provide the services LAFCo identifies" (Office of Planning and Research, 2012). Mendocino LAFCo's 2019 five-year rolling work plan and associated budget was adopted on April 1, 2019 (Attachment 2). Included in the work plan was to update the MSR and SOI for the City of Ukiah, planned as being undertaken in Fiscal Year 2020-21. Mendocino LAFCo also voted to re-prioritize the MSR/SOI update for Ukiah Valley Fire District, originally planned to be completed in FY 2019-20, to FY 2020-21 to correspond with the City of Ukiah MSR/SOI update. The City's MSR was last updated in 2012. An update to the City's SOI has not been completed since 1984. AB 2838 and the CKH Act require the local LAFCo to review and update each local agency's SOI every five years. The law also requires local LAFCos to conduct MSRs before or in conjunction with the establishment or update of SOls. Both City Staff and Mendocino LAFCo staff have been in communication regarding a tentative work plan for these MSR/SOI updates since 2017. Of significant relevance has been the timing of the City's General Plan Update which, through extensive community engagement and the establishment of other long-term policies, sets forth the City's future intentions for surrounding unincorporated lands within the City's SOI. As the SOI describes the probable physical boundaries and service area for the City, it is important these two advanced planning projects are coordinated and aligned between the City and Mendocino LAFCo as much as possible. Of additional importance is the City Council's Strategic Plan, which sets as a priority"Plan for the Future: Utilize sound principles for valley-wide planning." The recommended strategy for this item is to "Review and revise land use planning documents to be reflective of the long-term vision for the community." The "actionable items" associated with that strategy are 1) update the Ukiah General Plan; 2) update the City of Ukiah's sphere of influence; 3) prepare and adopt annexation policies, and; 4) evaluate and amend the city zoning code to improve efficiencies/public service and protect natural resources. Discussion:Although the City's MSR/SOI updates are not scheduled to be undertaken by Mendocino LAFCo until 2020-21, there are primarily two reasons Staff is seeking Council's input regarding policy at this juncture: 1) Mendocino LAFCo has received, or may receive prior to the City's updating of the MSR/SOI, proposals from single- or multi-purpose districts in the City's SOI to annex portions of lands within the City's SOI. Under existing Mendocino LAFCo policy, "where an area could be assigned to the sphere of influence of more than one agency, the following hierarchy typically applies: a) Inclusion within a city's sphere b) Inclusion within a multi-purpose district's sphere c) Inclusion within a single-purpose district's sphere" 2 Page 4059 of 4165 2) Mendocino LAFCo's guidelines state "in all of its decisions and actions, the Commission's desired result is the most efficient and effective delivery of services by local entities..." and "preference shall be given to those local agencies which can provide services in the most effective and efficient manner." Given the efficiency and potential capacity of both existing and future City services, Staff believes it important that the City outline its potential policy for these services for the future. This policy should be shared publicly but especially outlined to Mendocino LAFCo, the County of Mendocino, and special districts within the City's existing and proposed SOI. Staff has researched historical City and Ukiah Valley policies regarding long-term growth management planning and analyzed the status of current land use and availability in Ukiah and the Ukiah Valley with the capacity of municipal services. Below are policy recommendations for the Council's consideration and discussion: Policy Directive No. 1: The goals and vision of the Ukiah Valley Area Plan will be utilized as the basis for the City's policy towards future reorganization efforts in the Valley. Adopted by the Mendocino County Board of Supervisors in 2011, the Ukiah Valley Area Plan ("UVAP") is a "comprehensive and long range inter-jurisdictional planning document" envisioned as one that would "meet the needs of the County, as well as shared needs of the City" [of Ukiah], "by addressing the important issues that affect how the area will grow..." The UVAP also sets forth a vision that"The Ukiah Valley is understood to be one community with collaborative decision-making between County and City agencies." UVAP policies "take precedence over the [Mendocino County] General Plan" for land use and development proposals in the Valley. Section 3 of the UVAP, Land Use and Community Development (Attachment 3), lists several goals on Page 3-3 in support of this policy. Promoting compatible land uses and managing future growth to ensure essential support infrastructure is in place prior to development recognizes "that the Ukiah Valley is one community[.]" Realizing the vision of a coherent community will not be possible without the coordinated and efficient provision of services to lands in the Ukiah Valley. Policy Directive No. 2: Maintain the City's current Sphere of Influence as the City's long-term Sphere of Influence. Although past attempts were made by the City to revise its SOI, no update has been successfully completed, nor approved by LAFCo, since the 1984 SOI. The 1984 SOI, which is coterminous to the UVAP planning area, "extends from Highway 20 in the north to Boonville Road in the south and from ridge to ridge on east and west" (Attachment 4). At the time of adoption of the 1984 General Plan, Mendocino LAFCo, working with the City, identified the SOI/planning area to consider the areas surrounding Ukiah that would have an impact on the ultimate development of the City." At that time, the General Plan was "based upon a policy that growth will occur, but will be directed toward existing developed areas and those locales unsuitable for viable agricultural production." In restating the current (1984) SOI as the City's long-term SOI, the City will reaffirm that the level of growth and/or service delivery anticipated by the City remains consistent for 2020-40 and aligned with the Ukiah Valley Area Plan. Ukiah is the county seat and commercial hub of a growing region that extends over 5,000 square miles, including the counties of Sonoma, Mendocino, Lake, and Humboldt. Ukiah will invariably continue to grow in the coming years. Planned well, that growth can result in a vibrant, healthy, and sustainable community. Unmitigated, the piecemeal provision of services leads to piecemeal development, which leads to urban sprawl and/or the lack of supporting infrastructure. Staff also recommends reaffirming the current SOI as the City's long-term SOI to ensure efficiency and reliability of service delivery within the Ukiah Valley. As an example, the Ukiah Valley Fire District spans an area larger than the City's city limits (see Attachment 5), and as recent wildfire seasons have shown, having a well-funded and operated Fire Authority is important for the continued safety of the region. Additionally, as much-needed housing is developed, it will be important to ensure adequate water and sewer infrastructure is in 3 Page 4060 of 4165 place. By utilizing existing tax measures and revenue sources, the City can ensure the effective and efficient provision of services. Reaffirming the current SOI as the long-term SOI will help ensure the City has an active role in directing urbanized growth to appropriate areas in our community and ensuring "the preservation and enhancement of the existing and potential agriculture within the valley,"which is one of the primary visions set forth in the 1984 General Plan. Policy Directive No. 3: Implement an annexation plan, with the first phase designating the area to be annexed within the first 10 years. In multiple planning documents produced over the past 35 years, including the 1984 Ukiah General Plan, the 1995 Ukiah General Plan, both the 2009-14 and 2014-19 Housing Elements, and the 2011 Ukiah Valley Area Plan, two common and recurring themes emerge: 1) our community values the rural and agricultural identity of Ukiah and its surrounding valley; and 2) our community seeks to preserve that identity through well-designed projects and conservation of open space and agricultural lands. In developing and adopting a growth management phasing plan, the first 10-year phase would identify the area around existing and forecasted urbanized development north and south of the city limits as the focus of the City's annexation efforts. Encouraging infill development where services are already concentrated will limit unnecessary sprawl and protect agricultural uses. Development of a growth management phasing plan will ensure adequate services and infrastructure are in place for existing development, as well as ensuring that future development occurs in a sustainable manner. This policy would preserve the agricultural identity of the Valley, including preservation of an existing natural "green belt" around these areas. Summarizing, Staff recommends Council direct Staff to implement the following three Policy Directives: 1. The goals and vision of the Ukiah Valley Area Plan will be utilized as the basis for the City's policy towards future reorganization efforts in the Valley. 2. The City will maintain the City's current Sphere of Influence as the City's long-term Sphere of Influence. 3. The City will implement an annexation plan, designating the area to be annexed within the first 10 years. 4 Page 4061 of 4165 Attachment 2 RESOLUTION NO. 2020-06 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ADOPTING ANNEXATION POLICY WHEREAS, the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 provides for the annexation of unincorporated areas within a City's sphere of influence; and WHEREAS, on August 27, 2019, the Ukiah City Council provided direction to staff to prepare and adopt annexation policies as part of the City's long-term land use planning and'! City Council Strategic Plain', and WHEREAS, the City intends, in part through the attached Annexation, Policy, to avoid the consequences of continued urban: sprawlll in the Ukiah Valley, to ensure the efficient provision of municipal services, and to, protect open space and prime agricultural land in the Ukiah Valley; and WHEREAS, the City envisions a future of the Ukiah Valley as a thriving community that is politically, economically, environmentally, and socially sustainable', and WHEREAS, the City desires to provide annexation policies for the City and property owners within the City's sphere of influence that promote the successful annexation of unincorporated areas. NOW, THEREFORE, THE CITY COUNCIL, OF THE CITY OF UKIAH DOES HEREBY RESOLVE to adopt the Annexation Policy attached as Exhibit A, which shall:, be endorsed to show adoption by the City Council on January 16, 2019 and made publicly available. PASSED AND ADOPTED thiis 16th, day of January, 2020, by the following roll call, vote: AYES*. Councilmembers Mulheren, Brown, Scalmanini, and Mayor Crane NOE& None ABSENT: None ABSTAIN: None Douglas FV Crane, Mayor ATTEST: Khstine Lawler, City Clerk L Page 1 of 2 Page 4062 of 4165 EXH�IBI�T A, Qld Catty raj Annexation Policy The City will pursue, apply for, and support the annexation of unincorporated areas t the City to avoid the negative consequences of continued urban sprawl) and to ensure the efficient provision of municipal services to unincorporated areas without placing an undue financial burden on the City or its residents. The City„s Sphere of Influence reflects the City"s intent and ability to apply to annex those territories within that Sphere of Influence, The City's Sphere of Influence should be updated periodically and as necessary to reflect any change in the City"s intent or ability to annex unincorporated territory.. The City°s Area of Interest reflects that territory outside its Sphere of lnfluence where the City has an interest in ensuring orderly development and the efficient provision of municipal services, and a financial interest iin the implications of any such development and services, The City will consider providing services to unincorporated areas within its Area of Interest when the iity and all local agencies with relevant jurisdiction, if any, arrive at an agreement ensuring the City is adequately compensated for the costs it incurs andllor will incur due to development in its Area of Interest. The City will apply for the annexation of unincorporated areas and will support property owners who desire to annex to the City where the City determines it to be in its residents' interests to do so, to promote orderly development, to implement General Plan goals and objectives, and/or to ensure the efficient provision of municipal services. to pursuing, applying for, or supporting annexation„ the City will demonstrate that existing or pllanned-for facilities, infrastructure and improvements, and municipal services are or will be available, including but not limited to: vehicular and pedestrian traffic corridors, fire protection, sewer, electricity, and municipal and industrial water, in accordance with City standards and general Plan goals and objectives„ to those areas proposed to be annexed. The City will pursue, apply for, or support annexations that could affect open space and prime or unique agricultural lands„ whien it is satisfied that they will be adequately protected. The City will pursue, apply for, or support annexation in those cases where significant. environmental impacts have been mitigated or avoided as appropriate. The City will develop, maintain„ and make publicly-avaitable a +minty of Ukiah Annexation Guide that includes an annexation applicant's responsibilities, the requirements for environmental review, requirements for development plans, and fees associated with applications for annexation. If appropriate, and as it may be amended, the City will incorporate and include this Annexation Policy in its 20401 General Plan. i Page 2 of Page 4063 of 4165 v m 70 +, v � m 0- 0 4 c v aid E �IIIU vc L.... v +o c O U O >, a O . Q O , v `U (0 O" 7 L v _0 � r (0 r 1� , r -r- 2 M 0 mui i L I m (0 l h 0 CL r n gy �� pp 4) _v c RW r •— v 70 70 0 �. U a y IliIti '�� Agenda Item No: 12.b. MEETING DATE/TIME: 8/5/2020 ITEM NO: 2020-352 U6ptll mi d0 lJ aqy j-�� City qj, AGENDA SUMMARY REPORT ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, SUBJECT: Receive Status Report and Consider Any Action or Direction Related to the Novel Coronavirus (COVID-19) Emergency Including Operational Preparedness and Response; Continuity of City Operations and Services; Community and Business Impacts; and Any Other Related Matters. DEPARTMENT: City Manager/ PREPARED BY: Tami Bartolomei, Community Services Admin Administrator PRESENTER: Tami Bartolomei, Office of Emergency Management Coordinator ATTACHMENTS: None Summary: The City Council will receive a status report and consider any action or direction related to the Novel Coronavirus (COVID-19) Emergency including operational preparedness and response; continuity of City operations and services; community and business impacts; and any other related matters. Background: On March 4, 2020, California Governor Gavin Newsom declared a State of Emergency in California in response to the COVID-19 pandemic. The County of Mendocino declared a State of Emergency related to the COVID-19 on March 4, 2020. On March 17, 2020, the City Manager acting as the Director of Emergency Services declared the existence of a local emergency. On March 18, 2020, City Council approved a Resolution ratifying the proclamation declaring the existence of a local emergency. Since the onset of the emergency, the City of Ukiah has worked to respond to the public health and safety needs of the community in cooperation with the County of Mendocino and other partners. The local response for public health is lead regionally by the County of Mendocino and the County's Public Health Officer. In addition, the City of Ukiah has worked to maintain the continuity of public services including public safety, water, sewer, electric, airport, public works, and other essential activities. Discussion: As the coronavirus "COVID-19" continues to evolve, the City of Ukiah continues to monitor the situation and respond to emerging needs of the community. The City is in continued contact with local and state agencies, as well as community partners, hospitals, schools, and neighboring cities to ensure we have the most updated information pertaining to COVID-19 and are coordinating efforts. Reports and/or information from the City of Ukiah's Emergency Operation Center (EOC) will include: * Emergency Operation Center (EOC) Status * COVID-19 Case Updates * Public Information Officer Page 1 of 2 Page 4065 of 4165 * Medical Services * School/Education * Public Safety (Police/Fire/EMS) * Shelter in Place Monitoring and Compliance * Community Service Groups * Homeless Response * Business Impacts/Services * Public Infrastructure/Construction Status * City Finance * Recovery Efforts and Planning * Other Related matters Staff will provide a status report to City Council and will seek direction or action on operational preparedness and response; continuity of City operations and services; community and business impacts; and any other related matters. Go to the City's website (.................. iij.yofulkiialh.coni) for direct access to information related to the Novel Coronavirus (COVID-19) emergency including local updates, City Services, Community/Resident Information, and Business Resources. Recommended Action: Receive status report and consider any action or direction related to the Novel Coronavirus (COVID-19) Emergency including operational preparedness and response; continuity of City operations and services; community and business impacts; and any other related matters. BUDGET AMENDMENT REQUIRED: N/A CURRENT BUDGET AMOUNT: N/A PROPOSED BUDGET AMOUNT: N/A FINANCING SOURCE: N/A PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A COORDINATED WITH: Sage Sangiacomo, City Manager pd . o Page 2 of 2 Page 4066 of 4165 Agenda Item No: 12.c. MEETING DATE/TIME: 8/5/2020 ITEM NO: 2020-476 U6ptll mi d0 lJ aqy j-�� City oj, AGENDA SUMMARY REPORT ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, SUBJECT: Consideration of Adoption of Amended Resolution Authorizing Applications for Funding and the Execution of Grant Agreements and any Amendments thereto from the 2019-2020 Funding Year of the State Community Development Block Grant Program. DEPARTMENT: Community PREPARED BY: Craig Schlatter, Community Development Development Director PRESENTER: Craig Schlatter, Community Development Director ATTACHMENTS: 1. CC Reso 2020-20 - Approving Application for Funding from CDBG 2. 2020-CDBG-OTC-Applications-Received-Final 3. Resolution (Amended)- 2020 State CDBG application Summary: Council will consider adoption of an amended resolution authorizing applications for funding and the execution of grant agreements and any amendments thereto from the 2019-2020 funding year of the State Community Development Block Grant program. Background: On May 6, 2020, Council adopted Resolution No. 2020-20 (Attachment 1) approving one or more applications for funding and the execution of a grant agreement(s) and any amendments thereto from the 2019-2020 funding year of the State Community Development Block Grant (CDBG) Program. Within the Resolution, Council approved submission of applications in the aggregate amount of not to exceed $3,460,000 for five eligible activities: Microenterprise Technical Assistance Program, Business Assistance Program, Clara Avenue Reconstruction Project, Orr Street Bridge and Transportation Corridor Study and Plan, and a Design and Feasibility Study for ADA Improvements at a City of Ukiah Municipal Services Facility located at 501 S. State Street. Council also approved the use of CDBG Program Income in an amount not to exceed $48,530 for the Clara Avenue Reconstruction Project. With the exception of the Clara Avenue application, Staff submitted all other applications to the State Department of Housing and Community Development (HCD) prior to HCD's amended application submittal deadline of June 1, 2020. Per the 2019-2020 CDBG Notice of Funding Availability (NOFA), capital improvement project applications, such as for the Clara Avenue project, are submitted in the Over the Counter (OTC) application pool and due September 30, 2020. OTC project applications are awarded on a rolling basis as complete applications are received. On July 7, 2020, the City received a payoff of a business assistance loan in the amount of$117,412.06. Repayments and payoffs of loans originally funded by open CDBG grants are known as Program Income (PI). PI can be reused by jurisdictions for eligible activities in substantially the same manner as that of open CDBG grants. Additionally, CDBG regulations require all PI be expended or committed to an eligible activity prior to drawing down and/or applying for additional funding. 17% of the $117,412 payoff, or$19,960, is automatically earned by the City as revenue for general administration activities, for the purposes of ongoing administration of CDBG programming. This leaves $97,452 to be committed within the City's 2019-2020 CDBG application. Page 1 of 3 Page 4067 of 4165 In addition to the need to commit additional unanticipated PI, on June 19, 2020 HCD released a second amended NOFA reducing the maximum amount for the Business Assistance program from $750,000 to $500,000. The City's Resolution No. 2020-20 had approved an application be submitted for a $504,500 Business Assistance Program. Staff discussed these two issues with HCD representatives in July. Due to the release of a list of OTC applications received as of June 4, 2020 (Attachment 2), Staff also discussed the likelihood of an award in the 2019-2020 funding cycle for the Clara Avenue Reconstruction project application. At Staff's request and for the City to be in compliance with current HCD guidance and CDBG regulations, HCD changed the status of the City's Business Assistance and Microenterprise Technical Assistance programs from submitted to draft. Both applications are due August 31 (also within NOFA amendment#2). Discussion: Working closely with its underwriter/program operator, Staff redesigned the CDBG Business Assistance program for the provision of at least eight to nine forgivable loans to businesses impacted by the COVID-19 pandemic. As the impacts from the pandemic continue, additional funds to sustain the Ukiah small business community will likely be needed, and therefore Staff recommends the additional unanticipated Program Income be committed to the City's Business Assistance Program application. The $97,452 plus additional loan repayments expected within the 2020-21 fiscal year, bring the total amount of PI to be committed to approximately $140,000. HCD representatives expressed doubt that additional OTC projects submitted within the next two months prior to September 30, 2020 would be awarded, as the amount available for OTC projects was already oversubscribed by approximately $37 million as of June 2. HCD suggested the City may have a better chance at an OTC award if submitting an application early in the 2021 CDBG NOFA funding cycle. The 2021 CDBG NOFA is expected to be released in mid-January 2021. For all these reasons, Staff recommends Council adopt the Resolution in Attachment 3 for the following: City of Ukiah Microenterprise Technical Assistance Program = $140,000 General Administration- Microenterprise Technical Assistance Program = $10,500 City of Ukiah Business Assistance Program = $431,000 Activity Delivery- Business Assistance Program = $34,000 General Administration- Business Assistance Program = $35,000 Orr Street Bridge and Transportation Corridor Study and Plan = $150,000 Design and Feasibility Study for ADA Improvements at City of Ukiah Municipal Services Facility located at 501 South State Street = $50,000 Total = $850,500 Staff also recommends Council approve the use of Program Income in an amount not to exceed $140,000 for the City of Ukiah Business Assistance Program. Recommended Action: Adopt amended resolution authorizing applications for funding and the execution of grant agreements and any amendments thereto from the 2019-2020 funding year of the State CDBG program. BUDGET AMENDMENT REQUIRED: N/A CURRENT BUDGET AMOUNT: N/A PROPOSED BUDGET AMOUNT: N/A FINANCING SOURCE: CDBG Page 2 of 3 Page 4068 of 4165 PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A COORDINATED WITH: N/A Approved . � . Page 3 of 3 Page 4069 of 4165 Attachment I RESOLUTION NO. 2020-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH APPROVING AN APPLICATION FOR FUNDING AND THE EXECUTION OF A GRANT AGREEMENT AND ANY AMENDMENTS THERETO FROM THE, 2019-2,020 FUNDING YEAR OF THE STATE CDBG PROGRAM NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ukiah as follows: SECTION 1: The City Council has reviewed and hereby approves the submission to the State of California of one or more application(s) in the aggregate amount, of not to exceed $3,460,0010, for the following CDBG activities, to be implemented in City of Ukiah incorporated! areas, pursuant to the January 2020 CDBG NOFA: City of Ukiah, Microenterprise Technical Assistance Program $ 140,0100 General Administration —Microenterprise,Technical Assistance Prograrn $ 10,5'010 City of Ukiah Business Assistance Program $ 434,5'39 Activity Delivery— Business Assistance Program $ 34,763 General Administration — Business Assistance Program $ 35,198 Clara Avenue Reconstruction Project $2,300,0100 Activity Delivery— Clara Avenue Reconstruction Project $ 230,0100 General Administration — Clara Avenue Reconstruction Project $ 75,0100 Orr Street Bridge and Transportation Corridor Study and Plan $ 150,000 Design and Feasibility Study for ADA Improvements at City of Ukiah Municipal Services Facility Located at 5,0,1 South State Street $.............50,000 Total Grant Amount $3,4601,000 SECTIQN 2: The City hereby approves the use of Program Income in an amount not to exceed $48,530 for the Clara Avenue Reconstruction Project Public Improvement Project described in Section 1 SECTION 3: The City acknowledges compliance with all state and federal public participation requirements in the development of its applications. SECTION 4: The City hereby authorizes and directs City Manager Sage Sangiacomio to execute and deliver all applications and act on: the City's behalf in all matters pertaining to all such applications. SECTION 5: If an application is approved, the City Manager is authorized to enter into, execute and deliver the grant agreement (i,e., Standard Agreement) and any and all subsequent amendments thereto with the State of California for the purposes of the grant. SECTION 6: If an application is approved, City Manager is auithorized to signi, and submit Funds Requests and all required reporting forms and other documentation as may be required by the State of California from time to firne in connection with the grant. Page I of 2 Page 4070 of 4165 The foregoing Resolution introduced by Couincilmember Mulheren, seconded by Councilmember Scalmanini, and passed and adopted at a regular meeting of the City Council of the City of Ukiah this 611 day of May, 2020, by the following roll call vote: AYE& Councilmembers Mulheren, Brown, Scalmanini, Orolzco, and Mayor Crane NOES: None ABSTAIN: None ABSENT: None D6-6glas,PVtrane, Mayor Ukiah City Council ATTEST: l, Kristine Lawler, City Clerk of the City of Ukiah, State of California, hereby certify the above, and foregoing to be a full, true and correct copy of a resolution adopted by said City Council on this 6,11 day of May 202O. Kristine Lawler, City Clerk of the City of Ukiah of the State of California lv""t' Bya pristine Lawler, City Clerk Page 2 of 2 Page 4071 of 4165 Attachment 2 DEPARTMENT OF HOUSING&COMMUNITY DEVELOPMENT Community Development Block Grant(CDBG) January 21,2020 NOFA-Over the Counter(OTC) Applications Received as of June 4,2020 NOFA Release Date: January 21,2020 and Amended on April 3,2020 Community Development-OTC Application Period: February 14,2020 through September 30,2020 Total NOFA Amount: $60 million OTC Available Amount: $23 million �En Grass Valley,City of 2/14/2020 9:00:05 AM Public Facilities-Park $3,499,281 Improvements Firebaugh,City of 2/14/2020 9:00:06 AM Public Facilities-Fire Station $3,500,000 Public Improvements-Sewer, Dinuba,City of 2/14/2020 9:00:06 AM Storm Drain,Street/Sidewalk $3,499,000 Project King City,City of 2/14/2020 9:00:07 AM Public Improvements-Sidewalk $3,500,000 Improvement Project Winters,City of 2/14/2020 9:00:07 AM Public Facilities-Senior Center $3,500,000 Project Livingston,City of 2/14/2020 9:01:01 AM Public Improvements-Sewer $3,050,000 Project San Joaquin,City of 2/14/2020 9:01:07 AM Public Improvements-Water $2,900,000 Line Rehabilitation Project Shasta Lake,City of 2/14/2020 9:02:23 AM Public Improvements-Street $3,389,204 Rehabilitation Project Grover Beach,City of 2/14/2020 9:06:42 AM Public Improvements- $2,586,467 Waterline Rehabilitation Project Marysville,City of 2/14/2020 9:46:52 AM Public Facilities -Firetruck $590,877 Public Improvements-Main Yreka,City of 2/14/2020 4:58:22 PM Street Water System $3,500,000 Improvement Project Ft.Bragg,City of 2/18/2020 2:56:26 PM Public Improvements-Water $2,944,365 Meter Replacement Project Mt.Shasta,City of 3/11/2020 5:05:24 PM Public Improvements- $3,499,525 Sewer/PRV Station Project Hollister,City of 3/11/2020 5:14:26 PM Public Improvements-West $3,000,000 Gateway Improvement Project Avenal,City of 3/20/2020 6:41:07 PM Parks and Recreation-Avenal $3,500,000 Community Center Guadalupe,City of 3/27/2020 3:02:36 PM Public Improvements-Sewer/Lift $3,534,908 Station Project Colfax,City of 5/21/2020 3:13:44 PM Public Improvements-Street Improvements $2,954,035 Kings,County of 5/22/2020 3:02:46 PM Public Improvements-Curbs, $650,000 Gutters,Sidewalks Kings, County of 5/22/2020 3:28:27 PM Public Facility-Fire Engine $1,750,000 St.Helena,City of 5/26/2020 5:19:42 PM Acquisition of Property $1,509,560 Arvin,City of 5/29/2020 1:59:59 PM Public Improvements-Streets $1,700,000 Arvin,City of 5/29/2020 2:04:52 PM Public Improvements- $1,500,000 Water/Sewer Crescent City,City of 5/29/2020 4:02:57 PM Public Improvements-Storm $1,065,485 Drains Mendocino,County of 6/1/2020 3:46:24 PM Public Improvements in Support $728 598 of Housing Community Development OTC Funds Available $23,000,000 Community Development OTC Funding Requested $61,851,305 Page 4072 of 4165 Attachment 3 RESOLUTION NO. 2020- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH APPROVING AN APPLICATION FOR FUNDING AND THE EXECUTION OF A GRANT AGREEMENT AND ANY AMENDMENTS THERETO FROM THE 2019-2020 FUNDING YEAR OF THE STATE CDBG PROGRAM BE IT RESOLVED by the City Council of the City of Ukiah as follows: SECTION 1: The City Council has reviewed and hereby approves the submission to the State of California of one or more application(s) in the aggregate amount, of not to exceed $850,500, for the following CDBG activities, pursuant to the January 2020 CDBG NOFA: City of Ukiah Microenterprise Technical Assistance Program $ 140,000 General Administration — Microenterprise Technical Assistance Program $ 10,500 City of Ukiah Business Assistance Program $ 431,000 Activity Delivery— Business Assistance Program $ 34,000 General Administration — Business Assistance Program $ 35,000 Orr Street Bridge and Transportation Corridor Study and Plan $ 150,000 Design and Feasibility Study for ADA Improvements at City of Ukiah Municipal Services Facility Located at 501 South State Street $ 50,000 Total Grant Amount $ 850,500 SECTION 2: The City hereby approves the use of Program Income in an amount not to exceed $140,000 for the City of Ukiah Business Assistance Program described in Section 1. SECTION 3: The City acknowledges compliance with all state and federal public participation requirements in the development of its applications. SECTION 4: The City hereby authorizes and directs City Manager Sage Sangiacomo to execute and deliver all applications and act on the City's behalf in all matters pertaining to all such applications. SECTION 5: If an application is approved, the City Manager is authorized to enter into, execute and deliver the grant agreement (i.e., Standard Agreement) and any and all subsequent amendments thereto with the State of California for the purposes of the grant. SECTION 6: If an application is approved, City Manager is authorized to sign and submit Funds Requests and all required reporting forms and other documentation as may be required by the State of California from time to time in connection with the grant. Page 4073 of 4165 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Ukiah held on August 5, 2020 by the following vote: AYES: NOES: ABSTAIN: ABSENT: Douglas F. Crane, Mayor Ukiah City Council STATE OF CALIFORNIA City of Ukiah ATTEST: I, Kristine Lawler, City Clerk of the City of Ukiah, State of California, hereby certify the above and foregoing to be a full, true and correct copy of a resolution adopted by said City Council on this 5th day of August, 2020. Kristine Lawler, City Clerk of the City of Ukiah of the State of California By: Name and Title Page 4074 of 4165 Agenda Item No: 12.d. MEETING DATE/TIME: 8/5/2020 ITEM NO: 2020-461 U6ptll mi d0 lJ aqy j-�� City oj, AGENDA SUMMARY REPORT ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, SUBJECT: Consider Adoption of the Ordinance Amending City Code Provisions Regulating Development of Accessory Dwelling Units. DEPARTMENT: City Attorney PREPARED BY: Darcy Vaughn, Assistant City Attorney PRESENTER: Darcy Vaughn, Assistant City Attorney ATTACHMENTS: 1. ADU Ordinance Amendment REDLINE 2. ADU Ordinance Amendment CLEAN Summary: The City Council will consider adopting the Ordinance Amending City Code Provisions Regulating Development of Accessory Dwelling Units. Background: In 2018, the California State legislature enacted AB 68, AB 88, SB 13, AB 671, and AB 587 ("ADU Statutes"), which are intended to encourage development of Accessory Dwelling Units ("ADUs") and impose new requirements on local regulation of ADUs. These provisions are codified in California Government Code §§ 65852.2 (for ADUs) and 65852.22 (for Junior Accessory Dwelling Units ("JADUs")). While the City updated the City Code provisions regulating ADUs ("ADU Ordinance") in order to incorporate the then-current State regulations in 2017, the ADU Statutes include even further requirements that should again be incorporated into the City Code. Because the new State laws were effective January 1, 2020, the City ADU Ordinance is currently in conflict with State law and is, as such, void until amended to comply with the ADU Statutes. Because the only minimal State default standards for ADUs apply while the City's ADU Ordinance is void, it is in the City's interest to adopt an amended ADU Ordinance ("Amended ADU Ordinance") so that the City can continue to regulate ADU development in a manner that considers local needs and limitations, to the extent that the Statutes allow. It is also in the interest of the City to adopt an Amended ADU Ordinance as soon as possible to assist Planning staff in the development of building plans for public use through funding from the City's SB 2 Planning Grant. The changes required by the ADU Statutes undoubtedly affect features of the building plans, and Planning has issued an RFP for design professionals to develop these plans, which include plans for ADUs. As such, an Amended ADU Ordinance that includes updated standards for ADU development would provide essential guidance in the development of ADU building plans during this process. Prior to introduction of the Amended ADU Ordinance at the July 15, 2020 Council meeting, two Council members had questions about the following issues: ADU Development and the Airport Land Use Compatibility Plan: Mayor Crane inquired whether the land use requirements in the Airport Land Use Compatibility Plan ("ALUCP") were superceded by those set forth in the ADU Statutes and Amended ADU Ordinance regarding density calculations. Staff has considered this issue and has determined that provisions in the ALUCP that could prohibit detached ADU development are permissible under the ADU Statutes because these provisions Page 1 of 6 Page 4075 of 4165 have an impact on public safety. The 2020 ALUCP states as follows: "Secondary Dwellings. Detached secondary dwellings on the same parcel should be counted as additional dwellings for the purposes of density calculations. This factor needs to be reflected in local policies either by adjusting the maximum allowable densities or by prohibiting secondary dwellings where their presence would conflict with the compatibility criteria." The ALUCP defines a Secondary Dwelling as: "An attached or a detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling is situated. (California Department of Housing and Community Development)." As mandated by the ADU Statutes, both the ADU Ordinance and Amended ADU Ordinance state, "ADUs and JADUs shall be deemed not to exceed the allowable density for the residential lot upon which an ADU or JADU is located" However, many other jurisdictions, including the City, have already designated certain zoning districts where ADU development is not an allowed use due to concerns about the impact of increased density on traffic flow and public safety. Local jurisdictions can do so because of the following provision in the ADU Statutes, codified aton Govt Code § 65852.2(a)(1)(A): "A local agency may, by ordinance, provide for the creation of accessory dwelling units in areas zoned to allow single-family or multifamily dwelling residential use. The ordinance shall do all of the following: (A) Designate areas within the jurisdiction of the local agency where accessory dwelling units may be permitted. The designation of areas may be based on the adequacy of water and sewer services and the impact of accessory dwelling units on traffic flow and public safety. . . . "(emphasis added). The provisions of the 2020 ALUCP that authorizes prohibition of ADUs in areas where their presence would conflict with compatibility criteria address a possible impact on public safety posed by ADU development. Section 21670 of the Public Utilities Code declares that the purpose of airport land use compatibility plans is ". . . to protect public health, safety, and welfare by ensuring the orderly expansion of airports and the adoption of land use measures that minimize the public's exposure to excessive noise and safety hazards within areas around public airports to the extent that these areas are not already devoted to incompatible uses." The density and height limits in airport compatibility zones promote public safety and an ADU in this zone that exceeded either limit should be excludable under Govt. Code § 65852.2. Sewer and Water Connection Fees: Councilmember Scalmanini expressed concern about the provisions of the ADU Statutes and the Amended ADU Ordinance that prohibit imposing a sewer or water connection fee or capacity charge for an ADU constructed within the space of an existing single-family home or accessory structure ("Existing Space ADU") but allow such charges to be imposed on an Existing Space ADU that is constructed with and is a part of a new single-family home. Specifically, he observed that this would effectively penalize someone who wanted to build a new home with an Existing Space ADU included and would result in a double standard for differently situated Existing Space ADU developers. Staff has researched this issue and has concluded that this application of sewer and water connection fees or capacity charges for Existing Space ADUs does not violate State or City law. Proposition 218 does not apply Page 2 of 6 Page 4076 of 4165 here, and, while Proposition 26 does apply to sewer and water connection fees and capacity charges, these charges are subject to an exception within Proposition 26. From a policy perspective, the State rationalizes that, for an ADU converted from existing space, the utilities for that space have already been accounted for in the original utility connection fee assessment when the house was constructed. For an ADU contained within a newly constructed building, the new ADU's impact on utilities has not been accounted for and will be assessed as part of the impact of the new single-family home. There is an exception under Proposition 26, i.e. California Constitution Article XIII C, that applies to a water and sewer connection fee or capacity charge: (e) As used in this article, "tax" means any levy, charge, or exaction of any kind imposed by a local government, except the following: (2) A charge imposed for a specific government service or product provided directly to the payor that is not provided to those not charged, and which does not exceed the reasonable costs to the local government of providing the service or product. Here, water and sewer connection fees or capacity charges are imposed for provision of sewer and water service, and imposed directly to the property owner paying for those services. The ADU Statutes and the current City Code already state that water and sewer connection fees and capacity charges cannot exceed the reasonable costs to the City of providing water and sewer services. As such, Proposition 26 does not bar application of the provisions regarding water and sewer connection fees and capacity charges in the ADU Statutes. Finally, even if a California city or county determined that the provisions regarding water and sewer connection fees and capacity charges in the ADU Statutes were unconstitutional, there is no legal basis for refusing to comply with State law on these grounds. The city or county's recourse would be to comply with the State law provisions while challenging their legality in California Superior Court. Alternatively, a reasonable interpretation of the provisions regarding water and sewer connection fees and capacity charges in the ADU Statutes is that while the City is prohibited from imposing these fees on an Existing Space ADU, the City has a choice as to whether to impose these fees on ADUs contained within a new single-family home. Discussion: The Amended ADU Ordinance, a redlined version of which is attached here as Attachment 1 and a clean version as Attachment 2, amends a number of sections of the City Code to incorporate certain default standards imposed by the ADU Statutes for local agency ordinances regulating ADUs, to incorporate the revised basis for water and sewer connection fees and capacity charges, and to include provisions defining and regulating JADUs. Note that, while the ADU Statutes do require cities and counties to amend ADU ordinances that are currently more restrictive than allowable under the new State standards, the City may still impose certain standards and restrictions on development of ADUs. For example, the City may still impose floor area and height limitations for ADUs, provided that these limitations are not more restrictive than the development standards set in the ADU Statutes. The City may still restrict development of ADUs in zoning districts if, due to local climatic, geologic and topographic conditions (e.g. inadequate roadways to provide adequate ingress and egress for emergency access and evacuation in the in the event of a fire or other emergency) the City determines that additional dwelling units in these areas would present negatively impact on traffic flow and public safety. The current version of the Ordinance Amending City Code Provisions Regulating Development of Accessory Page 3 of 6 Page 4077 of 4165 Dwelling Units reflects a wide array of community, City staff, and Council input. The Ordinance is now ready for consideration for adoption and, if adopted, will go into effect in thirty (30) days. The primary changes required by the new State laws, and the recommended changes to the City's Ordinance, are as follows: State Requirements Inconsistent with City Code Changes to City Code Provisions The City currently allows ADUs by right in the R-1, R-2, R-3, C-N, C-1, and C-2 zones. The Cities must allow ADUs in any residential or mixed-use zone. Amended ADU Ordinance includes language clarifying that ADUs and JADUs are allowed in any zoning district that allows residential uses by right or with a use permit. Cities must allow certain types of ADUs by right: • The existing ADU Ordinance does not apply • Within a new or proposed single-family home: one ADU and to ADUs associated with proposed single family one JADU per lot if exterior access is available and side and homes or existing multifamily dwellings. The rear setbacks are sufficient for fire and safety. Amended ADU Ordinance requires ministerial • On a lot with a new or proposed single-family-home: one approval of applications for ADUs associated detached, new construction ADU that does not encroach into with proposed single family homes. In addition, four-foot side and rear yard setbacks. A city may impose total the Ordinance requires ministerial approval for floor area of 800 square feet; height limitation of 16 feet. up to two detached ADUs on a lot with an • Within an existing multifamily dwelling: multiple ADUs within existing multifamily dwelling. The Ordinance portions of existing multifamily dwelling structures that are not also allows for ADUs within an existing used as livable space including storage rooms, boiler rooms, multifamily dwelling, with the number of units passageways, attics, basements, garages if each unit capped at 25% of the existing units in a complies with state building standards. A city must allow at multifamily dwelling or one ADU, whichever is least one and as many ADUs as is equal to 25/o of the existing units in a multifamily dwelling. greater. • The Amended ADU Ordinance allows for • On a lot with an existing multifamily dwelling: Not more than ADUs with up to 1200 square feet in floor area two ADUs that are detached from the dwelling and subject to a height limit of 16 feet and four-foot rear and side setbacks. and up to 18 feet in height. The City currently requires only one off street If an applicant converts an attached garage, storage area, or space per ADU. This provision was changed to other accessory structure to an ADU, and on-site parking is one off street space per ADU or bedroom, removed to allow for the conversion, a city may not require whichever is less. A provision has been added the applicant to replace the on-site parking. indicating that an applicant is not required to Cities shall require only one off street space for each replace on-site parking when conversion of an bedroom or ADU, whichever is less. Cities cannot require off accessory structure involves removal of on-site street parking for a JADU. parking. A provision has been added indicating that no off street parking is required for a JADU. Cities are bound by the following development standards: • The current ADU Ordinance mandates side • The maximum rear and side yard setback for an ADU that is and rear setbacks of five (5) feet for single story not converted from an existing structure is 4 feet (reduced ADUs, and side and rear setbacks of ten (10) from 5 feet in the previous State ADU law). feet for a two-story unit. All these setbacks • A city may not impose a minimum lot size. have been changed to four (4) feet. • Maximum size may not be less than 850 square feet or •A minimum lot size requirement in the City 1,000 square feet for an ADU larger than one bedroom. Code has been removed. • Combined, a city's standards governing lot coverage, floor • The percentage of lot size limitation has been Page 4 of 6 Page 4078 of 4165 area ratio, open space and other standards may not preclude removed. Maximum floor area standards for at least an 800 square foot ADU that is at least 16 feet high. ADUs remain up to 1200 square feet. • The current ADU Ordinance limits the floor area of an attached ADU to fifty percent of the existing floor area of the primary residence. Because this would prohibit an 800 square foot attached ADU for any residence smaller than 1600 square feet, this provision has been removed. The City currently imposes a maximum height of 18 feet, which is in compliance with the ADU Statutes. A city must act on an application for an ADU on a lot with an The current ADU Ordinance requires the City existing single-family or multi-family structure within 60 days to act on a building permit application for an of receiving a completed application. ADU in 120 days. This has been changed to 60 days. A city may not require owner occupancy for either the The owner occupancy requirement in the City primary dwelling or the ADU (this prohibition expires January Code has been changed to apply only to 1, 2025). Cities must require owner occupancy for JADUs, in JADUs. either the primary residence or the JADU. Cities must include provisions allowing and regulating JADUs in their ADU ordinance. A JADU is a unit that is no more than 500 square feet and contained entirely within an existing or proposed single-family structure, and that is accessible through a separate entrance from the main entrance to the proposed or existing single-family residence. The Amended ADU Ordinance defines a JADU A JADU must have an efficiency kitchen with a cooking and includes all the requirements and facility but a city cannot limit the nature of the electrical, gas, limitations imposed by the ADU Statutes. or propane gas connections. A city may not require a sink within the cooking facility. A city must act on an application for a JADU within 60 days of receiving a completed application. Connection fees and capacity charges are based upon the "proportionate burden of the proposed ADU on the water or The Amended ADU Ordinance includes this sewer system, based upon either its square feet (formerly revision to the basis for assessing connection "size") or the number of its drainage fixture unit (DFU) values, fees and capacity charges for water and sewer. as defined by the UPC (formerly "number of plumbing fixtures"). The current version of the Ordinance Amending City Code Provisions Regulating Development of Accessory Dwelling Units reflects a wide array of community, City staff, and Council input. The Ordinance is now ready for consideration for adoption and will go into effect thirty (30) days after adoption. Recommended Action: Adopt the Ordinance Amending City Code Provisions Regulating Development of Accessory Dwelling Units. BUDGET AMENDMENT REQUIRED: N Page 5 of 6 Page 4079 of 4165 CURRENT BUDGET AMOUNT: N/A PROPOSED BUDGET AMOUNT: N/A FINANCING SOURCE: N/A PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A COORDINATED WITH: Planning pd . o Page 6 of 6 Page 4080 of 4165 ATTACHMENT 1 ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH ADDING AND AMENDING VARIOUS SECTIONS OF THE UKIAH CITY CODE TO COMPLY WITH CALIFORNIA GOVERNMENT CODE SECTION 65852.2 REGULATING ACCESSORY DWELLING UNITS The City Council of the City of Ukiah hereby ordains as follows. SECTION 1 Findings and Declarations. The City Council finds and declares as follows: A. In October 2019, the Governor of California signed Senate Bill 13, Assembly Bill 68, Assembly Bill 881, Assembly Bill 670 and Assembly Bill 587 ("ADU Statutes"), which relate to the creation of new Accessory Dwelling Units ("ADU") and were intended to address California's ongoing housing affordability crisis by reducing local regulatory barriers to constructing new ADUs. B. The ADU Statutes, as codified in State of California Government Code Sections 65852.2 and 65852.22, established new standards for regulating ADUs to be effective January 1, 2020; C. Because the City's existing standards for ADUs are inconsistent with the new standards enacted by the ADU Statutes, the current City Code provisions regarding ADUs are voided until amended to be consistent with the ADU Statutes. D. Because the City's standards for ADUs are currently voided, any application for an ADU consistent with State law will be deemed approved and the default State law standards do not consider the City's particular needs and limitations. As such, it is in the interest of the City to amend the City Code to bring its standards for ADUs into compliance with the State standards and to include any permissible standards that consider local needs and limitations. SECTION 2 Section 3702.5 of Division 4, Chapter 2, Article 3 of the Ukiah City Code is amended to read as follows: §3702.5 SEWER REQUIRED Any structure located within the City in which plumbing is to be installed and to which a public sewer is available shall, at the expense of the owner of the property, connect the plumbing of such structure directly to the proper public sewer in accordance with the provisions of this ordinance. A public sewer shall be deemed to be available if a public sewer is located within two hundred feet (200') of the property line of the property involved. However, no new connection between an Accessory Dwelling Unit (as defined in Section 9278 of this Code) and the proper public sewer will be required for an Accessory Dwelling Unit contained within the e)16, touig....space of an existing up II p .;ui a primary 1 Page 4081 of 4165 residence or accessory structure u.gr hers the �:�,,es s�uur )W6lllliui as �,x,uir�stinu ,,,te(,J will �....p"� : quu ill tl u cull II uu u�^......a d Ili Gate.i....Vua ti�gc....i 1 z�::!r.u.e. SECTION 3 Division 4, Chapter 2, Article 12 of the Ukiah City Code is hereby amended to read as follows (unchanged text is omitted and is shown by §3731A SEWER CONNECTION CHARGES The following charges are hereby established for the connection of the plumbing of any building or structure which discharges to the sanitary sewer system of the city and said charges are separate from any other charges presently levied or which may be levied in the future: A. Residential Schedule: Ten thousand nine hundred eleven dollars ($10,911.00) for equivalent sewer service unit (ESSU) per dwelling unit connected to the wastewater system based on the number of bedrooms according to the following schedule: Connection Fee ESSU 1. One bedroom $ 9,820.00 0.9 2. Two bedroom 10,911.00 1.0 3. Three bedroom 12,002.00 1.1 4. For each additional bedroom 1,091.00 0.1 D. Connection Fees for Accessory Dwelling Units 1. Accessory II: welling . :u snits shall not be considered new residential uses for the purposes of calculating iGGai ageF ug 7c.iity connection fees or capacity charges for utilities, including water and sewer service. ..l..11h ,,,h�r(:�u..�lle h? : Il :u..�lla�'ii�HI (u4' sewer ��t�„n'l : uii,.�u,.� r 9i uii,.� fees �et h uurtll� liir. u.�llcxfiiw�lis^� uir. �g thlis Secfl uir s[ial1 an2Iy t() ...."...:.. ..s g.U".7....Q '.g.L IIir: 'L.... !.1[:i.!I:t:s... 2. As provided in Section 3702.5, the City will not require a new connection between an Accessory Dwelling Unit (as defined in Section 9278 of this Code) and the sanitary sewers stem for an Accessory Dwelling Unit contained within the �&6 g space of an Y Y 9 existing primary residence or accessory structure a Ri i4 !Iate.i uu a the II " 1.... GIP.e.. Notwithstanding Section 3734A, the City shall not impose a connection fee or capacity charge for this type of Accessory DwellingUnit. u.ir ll��r�^s the �:�,:,,e s: a :'),we lllliir°g �uu�°ulii as 9 Yp rY r. rlrill�u �� u uew Suu ug II g Il2.m g.. 2 Page 4082 of 4165 3. For Accessory Dvv8UiOg Units that are not QDOt2iO8d vvbhiO the p2C8 Of an | existing primary residence O[accessory st0Ctu ' the City may charge a connection fee or capacity charge that is proportionate to the burden of the proposed Accessory Dvv8UiOg Unit, based upon either its | This fee or charge Sh2U not exceed the [82SOO2b|8 cost of providing this service. 4. The connection fee for an Accessory Dwelling Unit shall be calculated based on the number of fixture units in the developed ADU, as determined by the City Engineer. 5. In the event that the property on which a primary dwelling and an Accessory Dwelling Unit are located is subdivided to create new lot on which the Accessory Dwelling Unit is located, and the Accessory Dwelling Unit was constructed on or after January 1, 2017, the property owner must pay to the City the difference between the sewer connection fee initially oa|ou|ahyd for the Accessory Dwelling Unit pursuant to subdivision D4 of this Section and the connection fee that would have been calculated pursuant to subdivision A if the dwelling unit were the primary dwelling unit on a lot. SECTION 4 Section 3861 of Division 4' Chapter of the Ukiah City Code is hereby amended to nomd as follows (unchanged text is omitted and is shown by §3861 WATER CONNECTION FEES A. Payment ofFees The storage and transmission and production and treatment facilities' fees are based on the size of the service. Said fees shall be due and payable prior to use and occupancy of the new facility requiring the service. No certificate of occupancy shall be issued and permanent water service shall not be provided until payment ioreceived. B. Connection Fees for Accessory Dwelling Units 1. Accessory dwelling units shall not be considered new residential uses for the purposes of calculating connection fees or capacity charges. 2. No new water connection shall be required, and no fee charged, for an Accessory Dvv8||iOg Unit /2S defined in Section 9278 of this Code) COOt2iO8d within the space Of2O existing primary residence O[accessory structure, � ie!:,iRe. 3. ACC8SSO[y Dvv8||iOg Units that are not COOt3iO8d within the p2C8 Of an | 8n|SdOg p[inO2[y [8Sid8OC8 or 2CC8SSO[y structure are subject to connection fees for water service as provided in Section 3801. 3 Page 4083of4105 SECTION 5 Article 3 of Division 9, Chapter 2 of the Ukiah City Code is hereby amended to read as follows (unchanged text is omitted and is shown by "* * *"): §9016 ALLOWED USES The following uses are allowed in single family residential (R-1) districts: Accessory Dwelling Units Q g :s--'uu ::' r rllllliir. Quu2litt ,:,A[::)Q on lots developed with a [�n'lain single-family g a uu..�ll litl':�u Mill residence p;pr R' flr will c a liu I�u p i............................... .... 9 Y.............................................................. .... ..........i............................. . II:.e.s..d.:".!:::u.'::"..... .....U .II:':".U .'P. .�:�".('.....subject to the following standards/criteria: requirementsA. The o subsection are applicable to all existing AG!:; . .;!�� wi"(:J J is u r�ry as well as those proposed after the effective date hereof, except for legal nonconforming units, or as is otherwise specifically provided herein. Existing )we.ii r;g a gut .11:')Q.s....�::".p."...�:u: .112.! ..s....as of the date hereof inconsistent with the provisions listed herein, shall be considered legal nonconforming, provided that they were legal at the time of their creation. B. Pursuant to California Government Code 65852.2(a)(1)(C) II:'p.'.... : . .: . ".. ". '"...'....... .!I:::q.'.....(.2), G(!1e.s s 4 ii"y dw ii��„� ; ,I I'�I, ..��....a.II:.i.(' �P.... : .11:::)! ..s shall be deemed not to exceed the allowable r ..�.� density for the residential lot upon which an A�;Gsser° Il.� eiiuu;g u*.II:::).! .....�.kP.!I"...,P. ..U,).. !. is located, and A(!'Ge.sse Dwprii F�g I11;it X )Us air„ (J JX )Us are deemed a residential use that is consistent with the existing general plan and zoning designation for the residential lot on which an A(!'Gesser Dwe.ii F�g ii; ttXI).! .....�::PiI"...:JX:::)Q is located. C. These regulations do not allow the division of property upon which an Accessory Dwelling Unit is located unless all requirements of the applicable zoning district, and any other requirements of this Code are met. D. The Accessory Dwelling Unit a ups,,W:::)Q may be used for rental purposes. The minimum term of a lease for an Accessory Dwelling Unit u::pi,,JX)Q shall be thirty (30) days. .... p��.r ...,� „„p ...,� "pp��.r �p��.r„.�.p��.r^ §p��.r gyp. '. �.p��.r � �g �. p��.r �p�" � �p��.r�.^p��.r„,p�.up��.r .) . iII�� II.. . 0 w.VII.. u�u�� II� � u �u��.� ,��u�� tlu . u�u �II�� uuu�u��u u �,�u(.��u�.,� II�u.�� u�ua I e sp',plld p;''pr p;qIIieIIWIse p';'Xpiirlve 2! §2 gI'a!2 i°II"p;',pm 'fl22 II"IIII�".'gIg II"2�IId�''"II„"�p';'e „, ..I) „„p ..,,� �. p��.r „p,„p "�.,u. „,�. � �p��.rp:,x.,p,�. �.p��.rp��.r�. �p��.r s.J.':,,flk..p„, ��II� III . u w.VII the ��IIII .��II�� ,�II��IIII II �.�. II�.� �� .��.� II �,��u II .��II .II 1 Il ii I .....s[iaaI1 lru.ir„ flh ill . 'r Ua.il":(: . A copy showing recordation with the Mendocino County Recor pill p.ptl` the R flHl =liIr 1 p pIir� the saga r p pi: the XDU p pr w.V l ) se;ppg[gte fru pug°u fIIhe saga e p g fIIhe " �uau 2�u"(^.e � "e g flhat flh e deed e s t uj I c r p..,p u� ui ua II2 2 g. 'i.g.!L!I:::i.�.:'...:'.0 i:'.0 i.II:. "....II . i.II: :I[Ias.e.R".s... „°k ::p ' w.V ll::' ppll,.�ll g a:2§tijc'fli )ir. �)ir fIIhe slizer air d attij[.)��tes the w.V IC: U that wl flh thl r 9i pll,.� 4 Page 4084 of 4165 Il G .. Accessory Dwelling Units may be attached to existing single-family „pp p],Igllflfan,gill residences or detached as separate structures. Accessory Dwelling Units shall incorporate the same or substantially similar architectural features, height, building materials and colors as the main dwelling unit or compatible dwellings located on adjacent properties. Architecture not similar to the architecture of the principal dwelling or buildings on adjacent properties shall be subject to the use permit process. s r uu :' r rllllliu„.� Vu„.�li �u r liu„.� �Illl rlillliu„.� Il �llll �Illlli r: Ili r: u a uu ,.0 Wiflhliir° fIlhe e lisfliruu 2 f::111 tl�u cull .ice llluuuu . Iluu flh a, ..tl a Ileggll uu..uu ."CHI tl,.uu1uuuuu� §� ru ill tl�u cull ,ice llluuuu u..�uuu , IIhe ..,, „. . ..q„. .,, .,,.. ..q p .r. ..q.,q (D „. . e 92' IIu .,auut unuu st d nu uust ate a e�.gg 2 , 2 u . g. tl o flh� IIc di na u.�u��, utl �Ilu °:ice rllllliu„uu u.� g �t2],.u, gu25i uflil ize au„.0 e listiu„.ug tl':u.�llll 2u],.ulitte(.:i g at euutuaua.,e flhew.hgfl a ,,. s r IIIIuuu !,flt sha�1 II,.)eA w.,Vu.iro , c,92��2 I:' r2llllliu„ruin Qu alit un.ua ir. :,,llw:le a tl:Ulll flh r uuusk,ie flhe ren,41ruder of flhe suuugll2 tlguDull 5,iAglllluuug. u„.alit sItiaa 11 cX)ii,.utaliir. au,.0 eff`li�,,Jeir°u ,,y Jt ,heir, , w[ulicti sItiaa 11 lu„.uc,llude a tl` )r g[ado uu auud ,eaufltafl uu tl tl d Wflh appIluauu. s a ., u]uu .;u a t a, ��u eua :..q..q. .r k. i c. a r.to� r. s.�. 2 �.., �.,. „.� tl . .�.i �u ��u��u . uu .�.u.�uu��u ��uu�.i ,��. u��u� � .��Il�uuu��,� flhat are of reas�uii,.4l,Nle suze au,.0 u I u .0 . ,tcheu n st II an,id wheiu thew .0 a u Iu u. tl u V .. I u tltl uu . ., use eases I he uRuuu:ulirmirn...i. 4„ �.ze wh ,:sl ar; A(:;Ges, oil : II::we i4;g Uu„uut may Ilge.pi se(.J...is five Iluwu .rvrui , ..rvuiuc...i' tl.p.0 �,u ��:u: �u .,wii ..11. w µ%Fug rvuuIluwui.rvrui :'�000)....; iuu.. r i. r: tl wu a 4, (N a R F...i t G.p... The maximum size of an Accessory Dwelling Unit shall be teii Il err ;eu„ut....(1& 4:4 the �Gt su.z r Woth....a i iaxhmim...sh�a 4.4 one thousand two hundred (1200) square feet The e h uGine.µ .sed fi or areao:f aF; A Ge.ss pry.DweMiii g F„4t..that s attag !!hed tc:,,...the prl iq uau�:7 �� uu n,i �^�uze �2 a �� ,��i.��r.u�u�.��u ��Ilaill u�.,w�...��u�� i Il ��u��uu„u�.�,�i �i ..��u ��iu�.u�,� i� uii�� u.. � . I Il�u��.ii�u�� uu�`... w.Vuu uu . r Ac, ,,ess.u II A2IIIIuu ug a uut s[uaIIII u,.0.� exceed five Ihuu u(.iu ed 5 feet uu u area Ili: flh r lips sI[iared Wiflh fIlhe ren°u4i1„°ude r of fIlhe sliu„.ug l2 fgtly dVV2lllliu„. it shallll ir.ot II e liu„.uc,llude(°:i liu„.0 fIlhe SmI r tl;u;u g r aIlcUlaflou,.u. (1) Parking requirements for the A(!1Ge 4!r7...Dwe.i.i.h ug Uiil:tX::::)Q shall be one off street space (independently accessible or tandem) for each bedroom �::pr p )Q:1 Il i� p ever s IIess:, in addition to the two (2) independently accessible parking spaces required for the existing single-family up ii iiu illii' p pull, residence. If the primary residence was legally constructed at a time when on-site parking was not required, then only the parking s aces for the A�!!X;��"��sc:,wu' ��r.4h� a gut llD shall be required. II`N� a off street ��u�ll,liu„°uu� p r(�) ,�� ........................ q ..................................................................IL .........................i. �.III.��.�'''�:�:�.........II .��.ILIL...II�..... �'�...................::................................................................. Off-street parking shall be permitted in setback areas in compliance with the definition of"Off-street Parking" found in Section 9278B of this Code or through tandem parking Q) Parking standards will not be imposed for an A(!7G -,s r II Illluu„u &... F uM[::: ! in any of the following instances: (4 a.) The A(!'GeSsory Dwclllluu g UF4tX,')Q is located within one-half mile of public transit. 5 Page 4085 of 4165 | /2b\ The is located within an 2[Chih3CtU[2Uy and historically significant hiotohodiotriot. | (&.) Th8 iS part Of the existing primary residence O[ an existing accessory structure. (4�) When on-street parking permits are required but not offered to the occupant of the . /5e\ When there iS2 car share vehicle located within one block Ofthe - = _ =�=-=. must meet all 2pp|iC@b|8 building and fire codes, and shall have electric, water and sewer service | 6ty with the type Of meter arrangement 2t the property owner's option. Water, sewer, and electrical services shall be available prior to the issuance of a building permit for an . NO new water O[sewer connection fees may b8required for S that are contained within the existing space Of2 SiOg|8-f2nOi|y [8Sid8OC8 or accessory structure as provided in S8CtiOOS 3731A and 3801. S Sh2|| not be required to provide fire Sp[iOk|8nS if they are not required for the primary residence. A water, sewer, air� 1 11, J�::�(J�Iir�g fees that in,i�g�2t PM. Th8A Sh2|| comply with all 2pp|iC2b|8 | [8qui[8nO8Ob; of this . 414. The maximum height for S shall b8 eighteen feet | /18'\' except for attached S' which shall have 2maximum heightofthirtvfeet /3O'\. puneuantb» Seotion9O18ofthioChaphar. Ta||erunitomaybe approved through the use permit process. The following yard setback requirements shall apply b} � Uii;�tA[' ULS : | 1. Front Yard: The S2nO8 as the 8niSdOg [8Sid8OC8' but OO C|OS8[ than five feet /5'\. 2. Side Yard ' Single-Story : | | 44Q. The proposed shall have 2 separate front door, which, in the event ofan attached unit, shall not be located along the front ofthe existing | SiOg|8-f8nOi| [8Sid8OC8 uO|8SS it is not obviously visible from the street in front ofthe residence. shall b8 occupied bv the property owner. 11 | 9XS. Any balcony, window O[door Of2O shall utilize techniques to lessen the privacy impacts onto adjacent properties. These techniques may include use of obscured g|azing, window placement above eye |eve|, or locating ba|oonieo, windows and doors toward the existing on site primary residence. In addidon, trees shall be planted and maintained in a viable condition by the property owner, where appropriate, to preserve the privacy of neighboring property owners. This requirement will not apply tO an that is QDOt2iO8d | within the 8niSdOg Sp2C8 of SiOg|8-f2nOi|y [8Sid8OC8 or accessory structure. | �T Driveways accessing SSh2|| b8S8tb2Ck2nOiOinOUnO of five feet /5'\ from any structure on an adjoining lot that has a bedroom adjacent to the proposed driveway. | __ . The nOiOinOUnO width of dhV8VV2y serving an Sh2|| be twelve feet /12'\. unless the City Fire Marshal determines that adequate fire | protection can b8 provided b} the even though the driveway has a width less than twelve feet /12'\. �\ Unless otherwise indioated, relief from the above criteria and standards may be | pursued through the use permit process pursuant to OOf this chapter. S\N. Applications for 2building permit for 2OA Sh2|| be QDOSid8[8d ministerially without discretionary review O[2 hearing within days after receiving the application 7 Page 4087of4105 Rr the X . ?i,JX )U qruflll the Cuty . uu t22 aLpIk,,atk:�iru to ',,re ate flhe iruew slilg�g lly I !:A tIl�2 gpp k,',,atk:�ir to �,',,re ate the X )U �21,JAC)U shalI II,.)e C,xDirlslide re d Wthl x t (J,is-�,,,,re tk:flrq[y [2ylgvv. Tx:. Applications for a building permit Wthii,,u ail,'uy (fisti1ct where urursli leirut6l u�ses are aIHk e(i IIc) i,will fi!iin ar; AGGeSsory DwePki;g Ur;4that ta , i thui; the exu!S!Ur;g t W of ar; ex�!14i;g prlmary res(Jer;4e or aGGe!S6GF:Y strw74ire ai;(J GGated r; the R I H;e shall be approved ministerially 512Y2��,Q g!'�y ��f flhe ��f the i:ir;�t ��!15 the A(:;Ge!S sory Dwe ii;g U r;4 4,:,W; the �l 4,:14, ha s u r;(J:e.)e F,u(:J:e F,ut e Xte nk::!w iin a(:;Ge s!15 from the exu&U r;g res del;:.e, ar;d has sde ar;d rear setbaG�,!,Sthat are SUffi6er;tfoie fir esafety, P,19 add4k:)r all pa0,!I4;g or 4,:,4her as setforth 4; sub6Ms4,!*;s thr4,:,Righ (H)� (K) thinough (M), ar;d (Q) through �1) of this Se�:.tior; sha4 IIae ap1,.)lked eXGq,.)tf9r b444 i;g 4:X:,de re(jUIIIENTIeRts-, P;u!S sha4 r;ot appiyto AG(:;essory DweMr;g Uii;uts that arse r;qt �GGate(J Wthli; the 1 0) 222 8[, Q 21 n:A , Qguru IlsuiAith a g§2 2[ 2 isflir�g Y 5:!VvgIIllling lif aII flhe (a) i he N',)U �:ui,,JAEDU iis Wflhliru flhe � 22gg s:!! 2 §lIngllg �Dir eA§trn §PgS: f f cull 111-ug 2[ Y i - t i,iore flhairu 150 sguare feet I.I,.)e oirxl t e sain'ie EI2y§k,,al.l gn2gosiCfll (D III(D 11 ney�:�irxl flhe din,ie irus,k:uirus as flhe eAsflirug uch ure, AIII exEg��2§�gii2 Il. ''I , y §j�,ucture s�ha�I ��,.)e �n,Jted to din,ieirlsk:uirus of flhe eAst��,g gg�,ess��ur 2Du 22'ess 2 �l22 sM'',e has exterk:fl, w,,,x,,ess fii%:un,i flhe CDP�ued orI exiIsflir�g0 ) Ibg sk:ie airx,J urear sefl,.)w:,,�,,s are su ffk�,,Jie irut i�:ur fire ain(j safety:: lli e J A U ��:(;fln,ipIlies Wflh flhe ii,egu.uliii,eiii,,iieii,,uts fljs S&'Ilti(:fll 229 �Jglggbgd, N',)U that 6:ue s rlc:ut em,,,eed R,wr N,x t skle airx:l urear yg�,(J sefl,.)ac,l,,s R:ur a Ili,ut Wflh a 21 22�lSflirlg slirlgl2 fgmlill.y dvvglllllir he A I� U in'i a 2 y ��22 Wth aJAEU des�� j[.)e(J iru sufl,.)pgu,aga,apb 2�j g�gye M0IPlgA[:::)Us Wflhlir� flhe 2s:�rtk:uir�s �:4, existi'm I'Iglflfan'iiily sj�,w. ,,,tures flhat are iruu2t used as �va[.)Ie s 2gg2:1 �gj u221 SU:uIragg 2guler E::, 2g�§g92VV9Y§:1 9ffk:,,s, .)asen,ieir�ts:I �:�r gg[ggg§, lif ew:;[i uuinit �,xun,ipliles Wflh state t)Jkfiir §IgE,�(Jar(Js R,r(Jw6HlIrm�:: !l22 lr.ug. ],fl,.)er N )Us Wfljiru airu eAstirIg uiru its li ir� flhe in,iUflfanlili l.y dvv2 I ll lIirug:j 2[ 2ll22 ISQU, vv�jchever iis gl:2gter (4) II`k)t 111'11�1idle flhairu two (2) ?S[2Q§ flhat are Ili,ucatOrd �,uiru a Ili:ut flhat Ilhas airu eAstirIg in,iUflfan,ilil.y dvvgllllling:j Il�gt are (Jetw:,,he(J fi, n,i flhat in,iUtfan,ililY dVV2�lllIirug g[,d g[2 U2 f i airxi skie sefl,.)acj,,s t ad(fitk)i,,4� Du, be dgyg�gp�],ieir�t �:A XUs air�(LJAC' Us des��,,,ijtc)e(J ir� sutcxfiVsk��in Dt D Pad, IM 21 ��291 stair�dards as set R:�itti ir� su[cxfiVsk:�Ins D ing Q�xle tt,299b (Qh 91' (a) �:wb (Y) gf fljs Sectk:�ir� s[ia�I ��,.)e app��ed em:,,ept I [25:jg�ren,ieir�ts 8 Page 4088 of 4165 ^ ^ ^ §9021 REQUIRED PAF0K|ydK3 A. The nnininnunn parking area required in single-family residential /R-1\ districts is two C3\ on site independently accessible spaces for each dwelling unit. Accessory Dwelling Unitsrequire one additional OOSih3 independently accessible parking space_ger | except 2S provided iO Section 9O10Ofthis Chapter. The parking requirements for all other allowed or permitted uses shall be subject to the provisions of section 9198 of this chapter. SECTION 6 Article 4 of Division 9' Chapter of the Ukiah City Code is hereby amended to nomd as follows (unchanged text is omitted and is shown by §9031 ALLOWED USES The following uses are allowed in medium density residential /R-2\ districts: Accessory buildings and accessory uses. | ^ ^ ^ SECTION 7 Article 5 of Division 9' Chapter of the Ukiah City Code is hereby amended to nomd as follows (unchanged text is omitted and is shown by §9046 ALLOWED USES The following uses are allowed in high density residential /R-3\ districts: Accessory buildings and accessory uses. This shall not be construed as permitting any business use or occupation other than those specifically listed herein. 9 Page 4089of4105 ^ ^ ^ | / ^ ^ ^ SECTION 8 Article 6 of Division 9, Chapter 2 of the Ukiah City Code is hereby amended to read as follows (unchanged text is omitted and is shown bv "^ ^ ^"�� §9061 ALLOWED USES The following uses are allowed in neighborhood oonnnnenoia| zoning districts: Accessory uses to any of the uses allowed in this district. ^ ^ ^ | ^ ^ ^ SECTION 9 Article 7 of Division 9' Chapter of the Ukiah City Code is hereby amended to nomd as follows (unchanged text is omitted and is shown by §9081 ALLOWED USES The following uses are allowed in the Community Connnnenoia| /C-1\ Zoning District: Accessory uses to any of the uses allowed in this District. ^ ^ ^ ^ ^ ^ SECTION 10 Article 8 of Division 9' Chapter of the Ukiah City Code is hereby amended to nomd as follows (unchanged text is omitted and is shown by §9096 ALLOWED USES The following uses are allowed in the heavy commercial /C-2\ zoning district: lO Page 4090of4105 Accessory uses h» any allowed or permitted uses. ^ ^ ^ | ^ ^ ^ SECTION 11 Section 9278 in Division 9' Chapter 2, Article 21 of the Ukiah City Code (unchanged text is omitted and is shown by "^ ^ ^"�� ^ ^ ^ DWELLING UNIT: A residential building or portion thereof providing oonnp|ete, independent living facilities for one family including permanent provisions of living, sleeping, eating, cooking, and sanitation. DWELLING UNIT, ACCESSORY: AO attached O[2 detached residential dwelling unit, located OO2 lot in that has been developed with 2 | primary single-family F8Sid8OC8' which provides complete independent living facilities for one or more persons. It can be wholly contained within the footprint of the XiSdOg p[inO2 or an accessory structure, It shall iOC|Ud8 p8[nO2O8Ot provisions for living, | S|88piOg' 82dOg' COOkiOg' and S2Oit3dOO OO the S2nO8 lot 2Sthe dwelling is situated. An Accessory Dwelling Unit also includes the following: (A) An efficiency unit, as defined in Section 17958.1 of Health and Safety Code. /B\ A manufactured home, as defined in Section 18007 of the Health and Safety Code. SECTION 12 ll Page 4091of4105 1. SEVERABILITY. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council of the City of Ukiah hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. 2. EFFECTIVE DATE. This Ordinance shall be published as required by law in a newspaper of general circulation in the City of Ukiah, and shall become effective thirty (30) days after its adoption. Introduced by title only on 2020 by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: Adopted on 2020, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: Douglas F. Crane, Mayor ATTEST: Kristine Lawler, City Clerk 12 Page 4092 of 4165 ATTACHMENT 2 ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH ADDING AND AMENDING VARIOUS SECTIONS OF THE UKIAH CITY CODE TO COMPLY WITH CALIFORNIA GOVERNMENT CODE SECTION 65852.2 REGULATING ACCESSORY DWELLING UNITS The City Council of the City of Ukiah hereby ordains as follows. SECTION 1 Findings and Declarations. The City Council finds and declares as follows: A. In October 2019, the Governor of California signed Senate Bill 13, Assembly Bill 68, Assembly Bill 881, Assembly Bill 670 and Assembly Bill 587 ("ADU Statutes"), which relate to the creation of new Accessory Dwelling Units ("ADU") and were intended to address California's ongoing housing affordability crisis by reducing local regulatory barriers to constructing new ADUs. B. The ADU Statutes, as codified in State of California Government Code Sections 65852.2 and 65852.22, established new standards for regulating ADUs to be effective January 1, 2020; C. Because the City's existing standards for ADUs are inconsistent with the new standards enacted by the ADU Statutes, the current City Code provisions regarding ADUs are voided until amended to be consistent with the ADU Statutes. D. Because the City's standards for ADUs are currently voided, any application for an ADU consistent with State law will be deemed approved and the default State law standards do not consider the City's particular needs and limitations. As such, it is in the interest of the City to amend the City Code to bring its standards for ADUs into compliance with the State standards and to include any permissible standards that consider local needs and limitations. SECTION 2 Section 3702.5 of Division 4, Chapter 2, Article 3 of the Ukiah City Code is amended to read as follows: §3702.5 SEWER REQUIRED Any structure located within the City in which plumbing is to be installed and to which a public sewer is available shall, at the expense of the owner of the property, connect the plumbing of such structure directly to the proper public sewer in accordance with the provisions of this ordinance. A public sewer shall be deemed to be available if a public sewer is located within two hundred feet (200') of the property line of the property involved. However, no new connection between an Accessory Dwelling Unit (as defined in Section 9278 of this Code) and the proper public sewer will be required for an Accessory Dwelling Unit contained within the space of an existing or proposed primary residence or 1 Page 4093 of 4165 accessory structure, unless the Accessory Dwelling Unit was constructed with a new single-family home. . SECTION 3 Division 4, Chapter 2, Article 12 of the Ukiah City Code is hereby amended to read as follows (unchanged text is omitted and is shown by §3731A SEWER CONNECTION CHARGES The following charges are hereby established for the connection of the plumbing of any building or structure which discharges to the sanitary sewer system of the city and said charges are separate from any other charges presently levied or which may be levied in the future: A. Residential Schedule: Ten thousand nine hundred eleven dollars ($10,911.00) for equivalent sewer service unit (ESSU) per dwelling unit connected to the wastewater system based on the number of bedrooms according to the following schedule: Connection Fee ESSU 1. One bedroom $ 9,820.00 0.9 2. Two bedroom 10,911.00 1.0 3. Three bedroom 12,002.00 1.1 4. For each additional bedroom 1,091.00 0.1 D. Connection Fees for Accessory Dwelling Units 1. Accessory Dwelling Units shall not be considered new residential uses for the purposes of calculating City connection fees or capacity charges for utilities, including water and sewer service. The Residential Schedule for calculation of sewer system connection fees set forth in Subdivision A of this Section shall not apply to Accessory Dwelling Units. 2. As provided in Section 3702.5, the City will not require a new connection between an Accessory Dwelling Unit (as defined in Section 9278 of this Code) and the sanitary sewer system for an Accessory Dwelling Unit contained within the space of an existing primary residence or accessory structure. Notwithstanding Section 3734A, the City shall not impose a connection fee or capacity charge for this type of Accessory Dwelling Unit, unless the Accessory Dwelling Unit was constructed with a new single-family home. 3. For Accessory Dwelling Units that are not contained within the space of an existing primary residence or accessory structure, the City may charge a connection fee or 2 Page 4094 of 4165 capacity charge that is proportionate to the burden of the proposed Accessory Dwelling Unit, based upon either its square feet or the number of its drainage fixture unit (DFU) values, as defined in the Uniform Plumbing Code adopted and published by the International Association of Plumbing and Mechanical Officials, upon the water or sewer system. This fee or charge shall not exceed the reasonable cost of providing this service. 4. The connection fee for an Accessory Dwelling Unit shall be calculated based on the number of fixture units in the developed ADU, as determined by the City Engineer. 5. In the event that the property on which a primary dwelling and an Accessory Dwelling Unit are located is subdivided to create a new lot on which the Accessory Dwelling Unit is located, and the Accessory Dwelling Unit was constructed on or after January 1, 2017, the property owner must pay to the City the difference between the sewer connection fee initially calculated for the Accessory Dwelling Unit pursuant to subdivision D4 of this Section and the connection fee that would have been calculated pursuant to subdivision A if the dwelling unit were the primary dwelling unit on a lot. SECTION 4 Section 3861 of Division 4, Chapter 4 of the Ukiah City Code is hereby amended to read as follows (unchanged text is omitted and is shown by §3861 WATER CONNECTION FEES A. Payment of Fees The storage and transmission and production and treatment facilities' fees are based on the size of the service. Said fees shall be due and payable prior to use and occupancy of the new facility requiring the service. No certificate of occupancy shall be issued and permanent water service shall not be provided until payment is received. B. Connection Fees for Accessory Dwelling Units 1. Accessory dwelling units shall not be considered new residential uses for the purposes of calculating connection fees or capacity charges. 2. No new water connection shall be required, and no fee charged, for an Accessory Dwelling Unit (as defined in Section 9278 of this Code) contained within the space of an existing primary residence or accessory structure, unless the Accessory Dwelling Unit was constructed with a new single-family home.. 3. Accessory Dwelling Units that are not contained within the space of an existing primary residence or accessory structure are subject to connection fees for water service as provided in Section 3861. SECTION 5 3 Page 4095 of 4165 Article 3 of Division 9, Chapter 2 of the Ukiah City Code is hereby amended to read as follows (unchanged text is omitted and is shown by §9016 ALLOWED USES The following uses are allowed in single family residential (R-1) districts: Accessory Dwelling Units (ADU) or Junior Accessory Dwelling Units (JADU) on lots developed with a primary single-family or multifamily residence or for which a primary residence is proposed subject to the following standards/criteria: A. The requirements of this subsection are applicable to all existing ADUs and JADUs as well as those proposed after the effective date hereof, except for legal nonconforming units, or as is otherwise specifically provided herein. Existing ADUs or JADUs as of the date hereof inconsistent with the provisions listed herein, shall be considered legal nonconforming, provided that they were legal at the time of their creation. B. Pursuant to California Government Code 65852.2(a)(1)(C) and 65852.22(d) and (e), ADUs and JADUs shall be deemed not to exceed the allowable density for the residential lot upon which an ADU or JADU is located, and ADUs and JADUs are deemed a residential use that is consistent with the existing general plan and zoning designation for the residential lot on which an ADU or JADU is located. C. These regulations do not allow the division of property upon which an Accessory Dwelling Unit is located unless all requirements of the applicable zoning district, and any other requirements of this Code are met. D. The Accessory Dwelling Unit or JADU may be used for rental purposes. The minimum term of a lease for an Accessory Dwelling Unit or JADU shall be thirty (30) days. E. The ADU or JADU may be rented separate from the primary residence, but may not be sold or otherwise conveyed separate from the primary residence. F. For development of an ADU or JADU, the applicant shall record a deed restriction, which shall run with the land. A copy showing recordation with the Mendocino County Recorder shall be filed with the City, and shall include both of the following: (1) A prohibition on the sale of the ADU or JADU separate from the sale of the primary residence, including a statement that the deed restriction may be enforced against future purchasers. (2) For a JADU only, a restriction on the size and attributes of the JADU that conforms with this Section. G. Accessory Dwelling Units may be attached to existing single-family or multifamily residences or detached as separate structures. Accessory Dwelling Units shall incorporate the same or substantially similar architectural features, height, building materials and colors as the main dwelling unit or compatible dwellings located on adjacent properties. Architecture not similar to the architecture of the principal dwelling or buildings on adjacent properties shall be subject to the use permit process. 4 Page 4096 of 4165 H. Junior Accessory Dwelling Units are installed within a legally established bedroom within the existing walls of a fully permitted single-family dwelling or proposed single- family dwelling. In the case of a legal, non-conforming single-family dwelling unit, the applicant must demonstrate adequate septic capacity for the bedroom count, if the dwelling uses a septic system, and utilize an existing, fully permitted bathroom. A separate entrance to the Junior Accessory Dwelling Unit shall be provided. A Junior Accessory Dwelling Unit may include a full bathroom, or the occupant(s) may use a full bathroom inside the remainder of the single-family dwelling. A Junior Accessory Dwelling Unit shall contain an efficiency kitchen, which shall include a cooking facility for preparation and sanitation of food with appliances (e.g., microwave, toaster oven, hot plate) and a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the JADU. The efficiency kitchen must be removed when the JADU use ceases. I. The maximum size of an Accessory Dwelling Unit shall be one thousand two hundred (1200) square feet.. The maximum size of a Junior Accessory Dwelling Unit shall not exceed five hundred (500) square feet in floor area. If the bathroom is shared with the remainder of the single-family dwelling, it shall not be included in the square footage calculation. J. Parking (1) Parking requirements for the ADU shall be one off street space (independently accessible or tandem) for each bedroom or ADU, whichever is less, in addition to the two (2) independently accessible parking spaces required for the existing single-family or multifamily residence. If the primary residence was legally constructed at a time when on-site parking was not required, then only the parking space(s) for the ADU shall be required. No off street parking space shall be required for a JADU. (2) Off-street parking shall be permitted in setback areas in compliance with the definition of"Off-street Parking" found in Section 9278B of this Code or through tandem parking (3) Parking standards will not be imposed for an ADU in any of the following instances: (a) The ADU is located within one-half mile of public transit. (b) The ADU is located within an architecturally and historically significant historic district. (c) The ADU is part of the existing primary residence or an existing accessory structure. (d) When on-street parking permits are required but not offered to the occupant of the ADU. (e) When there is a car share vehicle located within one block of the ADU. (4) If a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU, the City shall not require that those offstreet parking spaces be replaced. K. An ADU must meet all applicable building and fire codes, and shall have electric, water and sewer or septic service with the type of meter arrangement at the property 5 Page 4097 of 4165 owner's option. Water, sewer, and electrical services shall be available prior to the issuance of a building permit for an ADU. No new water or sewer connection fees may be required for ADUs that are contained within the existing space of a single-family or multifamily residence or accessory structure as provided in Sections 3731A and 3861.13, unless the ADU is constructed with a new single-family home . ADUs shall not be required to provide fire sprinklers if they are not required for the primary residence. L. A Junior Accessory Dwelling Unit shall not be considered a separate or new dwelling unit for purposes of applying building codes, fire codes, collection of impact fees, or the provision of water, sewer, and power, including connection fees that might otherwise be associated with the provision of those services. Junior Accessory Dwelling Units shall not be required to provide fire sprinklers if they are not required for the primary residence. M. The ADU or JADU shall comply with all applicable requirements of this Code. N. The maximum height for ADUs shall be eighteen feet (18'), except for attached ADUs, which shall have a maximum height of thirty feet (30'), pursuant to Section 9018 of this Chapter. Taller units may be approved through the use permit process. O. The following yard setback requirements shall apply to ADUs: 1. Front Yard: The same as the existing primary residence, but no closer than five feet (5'). 2. Side Yard or Rear Yard, Single-Story or Two-Story: Four feet (4) 3. No setback shall be required for an existing living area, garage, or accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an ADU or to a portion of an ADU. Q. The proposed ADUs shall have a separate front door, which, in the event of an attached unit, shall not be located along the front of the existing single-family or multifamily residence unless it is not obviously visible from the street in front of the residence. R. For a JADU, either the primary single-family residence or the JADU shall be occupied by the property owner. Owner-occupancy shall not be required if the owner is a governmental agency, land trust, or housing organization. S. Any balcony, window or door of an ADU shall utilize techniques to lessen the privacy impacts onto adjacent properties. These techniques may include use of obscured glazing, window placement above eye level, or locating balconies, windows and doors toward the existing on site primary residence. In addition, trees shall be planted and maintained in a viable condition by the property owner, where appropriate, to preserve the privacy of neighboring property owners. This requirement will not apply to an ADU that is contained within the existing space of a single-family or multifamily residence or accessory structure. 6 Page 4098 of 4165 T. Driveways accessing ADUs shall be set back a minimum of five feet (5) from any structure on an adjoining lot that has a bedroom adjacent to the proposed driveway. U. The minimum width of a driveway serving an ADU shall be twelve feet (12'), unless the City Fire Marshal determines that adequate fire protection can be provided to the ADU even though the driveway has a width less than twelve feet (12'). V. Unless otherwise indicated, relief from the above criteria and standards may be pursued through the use permit process pursuant to Article 20 of this chapter. W. Applications for a building permit for an ADU or a JADU shall be considered ministerially without discretionary review or a hearing within 60 days after receiving the application if there is an existing primary dwelling on the lot. If the permit application to create an ADU or a JADU is submitted with a permit application to create a new single- family dwelling on the lot, the City may delay acting on the permit application for the ADU or JADU until the City acts on the permit application to create the new single-family dwelling, but the application to create the ADU or JADU shall be considered without discretionary review. X. Applications for a building permit within any zoning district where residential uses are allowed by right shall be approved ministerially to develop any of the following: (1) One ADU or JADU per lot with a proposed or existing single-family dwelling if all of the following apply: (a) The ADU or JADU is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress. (b) The space has exterior access from the proposed or existing single-family dwelling. (c) The side and rear setbacks are sufficient for fire and safety. (d) The JADU complies with the requirements of this Section. (2) One detached, new construction, ADU that does not exceed four-foot side and rear yard setbacks for a lot with a proposed or existing single-family dwelling. The ADU may be combined with a JADU described in subparagraph X.1 above. (3) Multiple ADUs within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings. The number of ADUs permitted within an existing multifamily dwelling structure shall be capped at twenty five percent (25%) of the existing units in the multifamily dwelling, or one ADU, whichever is greater. 7 Page 4099 of 4165 (4) Not more than two (2) ADUs that are located on a lot that has an existing multifamily dwelling, but are detached from that multifamily dwelling and are subject to four (4) foot rear yard and side setbacks. (Y) For the development of ADUs and JADUs described in subdivision (X), no additional parking or other development standards as set forth in subdivisions (1) through (J), (N) through (Q), and (S) through (V) of this Section shall be applied except for Building Code requirements. (Z) The City shall not require, as a condition for ministerial approval of a permit application for the creation of an ADU or JADU, the correction of nonconforming zoning conditions. For purposes of this Section, "Nonconforming zoning condition" means a physical improvement on a property that does not conform with current zoning standards. §9021 REQUIRED PARKING A. The minimum parking area required in single-family residential (R-1) districts is two (2) on site independently accessible spaces for each dwelling unit. Accessory Dwelling Units (ADU) require one additional onsite independently accessible parking space per ADU or per bedroom, whichever is Iess,except as provided in Section 9016 of this Chapter. The parking requirements for all other allowed or permitted uses shall be subject to the provisions of section 9198 of this chapter. SECTION 6 Article 4 of Division 9, Chapter 2 of the Ukiah City Code is hereby amended to read as follows (unchanged text is omitted and is shown by §9031 ALLOWED USES The following uses are allowed in medium density residential (R-2) districts: Accessory buildings and accessory uses. Accessory Dwelling Units and Junior Accessory Dwelling Units, as defined in Section 9278 of this Code and regulated in Section 9016 of this Code. SECTION 7 Article 5 of Division 9, Chapter 2 of the Ukiah City Code is hereby amended to read as follows (unchanged text is omitted and is shown by §9046 ALLOWED USES 8 Page 4100 of 4165 The following uses are allowed in high density residential (R-3) districts: Accessory buildings and accessory uses. This shall not be construed as permitting any business use or occupation other than those specifically listed herein. Accessory Dwelling Units and Junior Accessory Dwelling Units, as defined in Section 9278 of this Code and regulated in Section 9016 of this Code. SECTION 8 Article 6 of Division 9, Chapter 2 of the Ukiah City Code is hereby amended to read as follows (unchanged text is omitted and is shown by §9061 ALLOWED USES The following uses are allowed in neighborhood commercial zoning districts: Accessory uses to any of the uses allowed in this district. Accessory Dwelling Units and Junior Accessory Dwelling Units, as defined in Section 9278 of this Code and regulated in Section 9016 of this Code. SECTION 9 Article 7 of Division 9, Chapter 2 of the Ukiah City Code is hereby amended to read as follows (unchanged text is omitted and is shown by §9081 ALLOWED USES The following uses are allowed in the Community Commercial (C-1) Zoning District: Accessory uses to any of the uses allowed in this District. Accessory Dwelling Units and Junior Accessory Dwelling Units, as defined in Section 9278 of this Code and regulated in Section 9016 of this Code. SECTION 10 Article 8 of Division 9, Chapter 2 of the Ukiah City Code is hereby amended to read as follows (unchanged text is omitted and is shown by §9096 ALLOWED USES 9 Page 4101 of 4165 The following uses are allowed in the heavy commercial (C-2) zoning district: Accessory uses to any allowed or permitted uses. Accessory Dwelling Units and Junior Accessory Dwelling Units, as defined in Section 9278 of this Code and regulated in Section 9016 of this Code. SECTION 11 Section 9278 in Division 9, Chapter 2, Article 21 of the Ukiah City Code (unchanged text is omitted and is shown by DWELLING UNIT: A residential building or portion thereof providing complete, independent living facilities for one family including permanent provisions of living, sleeping, eating, cooking, and sanitation. DWELLING UNIT, ACCESSORY: An attached or a detached residential dwelling unit, located on a lot in any zoning district where residential uses are allowed by-right or with the securing of a use permit that has been developed with an existing or proposed primary single-family or multifamily residence, which provides complete independent living facilities for one or more persons. It can be wholly contained within the footprint of the proposed existing primary dwelling, including attached garages, storage areas or similar uses or an accessory structure, or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling.. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same lot as the primary dwelling is situated. An Accessory Dwelling Unit also includes the following: (A) An efficiency unit, as defined in Section 17958.1 of Health and Safety Code. (B) A manufactured home, as defined in Section 18007 of the Health and Safety Code. DWELLING UNIT, JUNIOR ACCESSORY: An attached residential dwelling unit, located on a lot in the R-1, R-2, and R-3 Zoning Districts, not exceeding 500 sq. ft. in size and contained within a legally established bedroom within the existing walls of an existing or proposed single-family dwelling. A Junior Accessory Dwelling Unit (JADU) shall include an efficiency kitchen, which shall include a cooking facility with appliances and a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the JADU. The JADU may include separate sanitation facilities or share sanitation facilities with the existing structure. A Junior Accessory Dwelling Unit shall have a separate entrance, and interior access to the remainder of the primary dwelling. SECTION 12 10 Page 4102 of 4165 1. SEVERABILITY. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council of the City of Ukiah hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. 2. EFFECTIVE DATE. This Ordinance shall be published as required by law in a newspaper of general circulation in the City of Ukiah, and shall become effective thirty (30) days after its adoption. Introduced by title only on 2020 by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: Adopted on 2020, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: Douglas F. Crane, Mayor ATTEST: Kristine Lawler, City Clerk 11 Page 4103 of 4165 Agenda Item No: 13.a. MEETING DATE/TIME: 8/5/2020 ITEM NO: 2020-477 U6ptll mi d0 lJ aqy j-�� City qj, AGENDA SUMMARY REPORT ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, SUBJECT: Consideration of Restructuring Proposal for the Community Development Department and Corresponding Budget Amendment. DEPARTMENT: Community PREPARED BY: Craig Schlatter, Community Development Development Director PRESENTER: Craig Schlatter, Community Development Director ATTACHMENTS: 1. CDD Housing Division Revenue 2020-2022 2. Planning Manager Job Description (revised 7-28-20) Summary: Council will receive and consider a recommended proposal to restructure the Community Development Department's organization and position allocation. Background: On December 20, 2017, the City Council approved a restructuring proposal and corresponding budget amendment for the Community Development Department, integrating the three divisions of Planning, Building, and Housing. The approved restructuring added two new staff positions, Building Inspector and Associate Planner-Housing, and reclassified an existing Planning and Building Technician position to a Community Development Technician position. The restructuring was completed to improve the customer service experience, as well as to effectively utilize current resources and plan for growth and succession. Further review and evaluation of the effectiveness of the current structure in meeting the expectations of customers and planning for the future has been completed since 2017. This review has also incorporated the needs of the expanding Housing Division--and how best to assign resources to meet those needs. D2 cui i 2)n: As a result of changes in state law due to the numerous California housing bills passed in 2017- 2020, the proactive focus by the City Council on housing, and the City's recovery response to the COVID-19 pandemic, the programs and funding sources managed by the Housing Division have rapidly increased in the last three years. The Division currently manages and/or directly implements a variety of State and Federal programs and grants, totaling approximately $7 million. Of this, $111,800 was budgeted this fiscal year as revenue for the reimbursement of staff time in administering and implementing programs and projects. An additional $200,000 is anticipated to be earned in revenue to offset staff costs in the next 1-2 years. See Attachment 1 for details. As part of integration of the three divisions in the 2017 approved restructuring proposal, planners within the Planning Division administer and implement programs and projects within the Housing Division. The Director has been the principal team member implementing the work of the Housing Division since 2017 and currently administers all Housing Division programs and projects while sharing current and advanced planning duties with the Associate Planner, who is also implementing current planning and ministerial planning permits. As the breadth and diversity of the duties of the Housing Division have increased, this has become less sustainable. Reviewing the duties of administering and implementing programs and projects within the Housing Division to Page 1 of 3 Page 4104 of 4165 those of the Planning Division reveals similarities between the two Divisions. Overseeing multiple CDBG grants, for example, requires a similar skill set and abilities to that of analyzing an application for a major use permit and preparing a staff report for approval. Where the two fields, housing and planning, differ in terms of qualified professionals is the latter generally requires more specialized training and education than the former. It is not uncommon for urban planners to become housing practitioners but less common for housing practitioners to become urban planners. Based on this review, and with input from the City Manager, Deputy City Manager, and Human Resources/Risk Management Director, the following is recommended: 1. Reclassify the Associate Planner position to a Planning Manager position. This position is the Planning Division lead and will coordinate the budget and activities of the Division with the Director. The Planning Manager will also coordinate and administer Housing Division programs and projects with the Planning Manager-Housing and Director. 2. Add a second Planning Manager position, with an emphasis in Housing (Planning Manager-Housing). This position is the Housing Division lead and will coordinate the duties of the Division, serving as the principal implementer of all existing and new housing and community development programs, including state and federal-funded economic development program implementation duties, with the Director. The position will also coordinate and evaluate current and advanced planning projects with the other Planning Manager and Director. Neither of the two Planning Managers would supervise subordinate staff within the Department but would oversee contracts, programs and projects, and budget preparation for the Housing and Planning Divisions. Both Planning Managers and all team members within the Community Development Department are expected to answer general customer inquiries, including at the public counter. The revised job description for both positions is attached as Attachment 2. The salary schedule for the Planning Manager position, including the Planning Manager- Housing position, will remain unchanged at the 2621 range ($6,902.31 - $8,389.80). If the staffing recommendations are approved, the new Community Development Department team will consist of the following: Community Development Director Planning Manager-Housing Planning Manager Building Official Building Inspector 3. Authorize a corresponding budget amendment, as follows: Expenditures for new personnel: $125,451; FY 20-21 Personnel 10023100.51110 - for additional Planning Manager- Housing $ 29,568; FY 20-21 Personnel 10023100.51110 - for reclassified Planning Manager Please note: these salary estimates are fully loaded estimates based on hiring at the top step in the salary schedule. The hiring of the new Planning Manager- Housing assumes 10 full months of employment. It is not anticipated the costs for these positions will be as high as shown. To plan for existing and future critical functions of the Department, this restructuring would assign resources Page s of 3 Page 4105 of 4165 where appropriate and most effective. Monitoring of revenues versus expenditures will continuously be evaluated, including regular review and analysis of cost recovery efforts. The anticipated short- and long-term fiscal impacts of this restructuring proposal are listed below. For Fiscal Year 2020-21: Transfer of grant revenue of$111,800 to the General Fund will offset the costs of the new position and reclassified position for the remainder of the fiscal year. Further transfers of anticipated revenue could also occur, bringing the net impact to the City to close to zero. For Fiscal Year 2021 and beyond: Due to increasing revenue from the Housing Division, the overall net impact to the General Fund is expected to be minimal. New funding to assist communities and businesses recover from the economic impacts of COVID-19 has already been released, and additional funding is expected to be made available within the next 1-2 years. Recommended Act2)n: Approve Community Development Department restructuring proposal and corresponding budget amendment. BUDGET AMENDMENT REQUIRED: Yes CURRENT BUDGET AMOUNT: N/A PROPOSED BUDGET AMOUNT: $155,019; 10023100.51110 FINANCING SOURCE: 10023100.44830 (CDBG, HOME, future State and Federal Grants) PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A COORDINATED WITH: Sheri Mannion, Human Resources/Risk Management Director; Daniel Buffalo, Finance Director pd . o Page 3 of 3 Page 4106 of 4165 L0 v 0 0 v ° � d N o! O � N �0 O � c v 3 v v c a o R R O O 3 3 0 •° c a, a, a, a, Q v v v v L v v v v v E E E i w ECLi d v v v v I a) v L E v E E E o T o 0 0 Z0 o 0 0 0 ° E x c o c c c �, o � � � � o -a .- � o co 0 0 0 0 aaaa C .0 a .c x x x x O O Q o -wo aEi c � > v 0 0 = 2! Q Y E u -0E c° o a`o o � C '0 m C 30 o a f0 Q N H \ 00 c-I Q Q m C W Q > H v w II�J E o 0 3 o = 0 m m m V h0 f V E w m E O C 01 v p a) E — Q V > f0 V E 0 0 °> zc V E E a CL o ,E oi-U v m ,E v o o E E a Q E In o < < E a a a a c g> C7 Q •� -° �> Q Q C7 Q •� C7 C7 C7 C7 o in 0 0 0 0 * q � 0 0 0 0 0 0 0 ^ O O o O 7 0 m O O x O O £ o 0 C 00 °o. £ o 000, � o rn � 0 oho rl N a O N mm N a N c�-I 00 Owl 0�0 m O N CO M 3 m ci N O N O N Q Q N > C C N C cn cn p c-I � E O h0 O- 0 C x O Q •� O. O O c > O l0 _O Q H OLu N E rY —rl- co x 0 V N N m -O N m Q m 2 O i N (0 d i � x W c-I C7 C7 \ (7 W W 0 { 0 W •� N V O O x E V 0 W W W C] CJ CJ 3 - °/ x x rn c� V d x 0 0 m o m m C f6 *' C O O O c� p p N N +• 2 o°/c L °�° °�° ONN o a o � x x x x u U NN �U(pg1))JYfl....../...... n� Attachment #2 of Ukiah JOB DESCRIPTION PLANNING MANAGER (Exempt, Management Position) DEFINITION Under direction of the Director of Community Development, administers, coordinates, and/or directly implements the activities of the Housing Division which is responsible for the development, implementation, and delivery of housing program and project activities, particularly within the City's Housing Element, but also including neighborhood enhancement programs, operations, and services to program participants; manages and supervises land use and environmental planning activities; performs complex and difficult administrative and technical planning work, assists in the preparation of work programs and strategic planning activities or projects; and performs related work as assigned. CLASS CHARACTERISTICS The Planning Manager is the management level in the Planner series. This class is responsible for monitoring work flow, timelines and delivery of services; designing and managing the activities of the Housing Division with the Director; conducting planning research, analysis, and conflict resolution on projects of planning issues having a high degree of complexity and public interest; making recommendations for comprehensive long-term planning and for changes in planning policies and procedures; regularly representing the department at meetings and hearings before the Planning Commission, various public agencies, community organizations, and interest groups, and occasionally before the City Council. There are two Planning Manager positions within the Community Development Department, each with different areas of specialization. However, each Planning Manager may perform assignments in both areas. One position primarily focuses in the area of housing and community and economic development, including grant and project management and implementing the City's Housing Element. The other position primarily focuses in general planning, including over the counter planning permits and current planning. Both Planning Managers will be involved in long range planning, including development and eventual implementation of the City's 2040 General Plan. EXAMPLES OF DUTIES:These examples are intended only as illustrations of the various types of work performed in positions allocated to this class.The examples of work performed are neither restricted to nor all-encompassing of the duties to be performed under this job title. (E) Essential Duty; (M) Major Portion of Time ■ Organize, implement, and monitor CDBG, HOME, and/or other State, Federal, and local City of Ukiah housing and community and economic development programs. (E, M) ■ Formulate Housing Division goals, objectives, policies, strategies, and goals with the Director and assist in goal setting for the Planning Division. (E, M) 300 Seminary Avenue • Ukiah • CA• 95482-5400 Phone: (707)463-6200 - Fax: (707)463-6204 -www.cityofuklah.com Page 4108 of 4165 ■ Depending on assignment, supervises and participates in the preparation of site evaluations, feasibility studies and master plans. (M) ■ Coordinates the work of consultants, other City departments, citizen groups and others on planning and housing projects and programs. (E) ■ Performs complex and difficult current and/or long range planning staff work. (E) ■ Prepares detailed work programs. Monitors, tracks, reports and is accountable for workflow activities. (E) ■ Makes recommendations before boards, commissions, and community groups involved with planning and housing and community development functions. (E) ■ Initiates, analyzes, and interprets policies for the physical, social and economic development of the City of Ukiah. (M) ■ May provide conflict resolution in regards to community and regional issues having a high degree of complexity and public interest. (M) ■ Develops public informational and/or educational materials. (M) ■ Reviews, analyzes, and recommends proposals initiated by staff, the Planning Commission, City Council and the public. (E) ■ Participates in the preparation and administration of the department budget and grant applications. (E) ■ Prepares staff reports and studies on a variety of planning, housing, and development issues and projects, including California Environmental Quality Act (CEQA) documents. (E) ■ Utilizes a variety of computer software programs to prepare reports, maps, diagrams, graphs and other material related to planning studies. (M) ■ May serve as Acting Community Development Director in his or her absence, if necessary. (E) ■ Other duties as assigned. Knowledge of: ■ Principles, practices and trends in one or more fields of planning, such as current, advance, affordable housing, environmental,transportation, regional and/or sustainable development planning. ■ Intensive practices and trends in planning policy development and analysis. ■ Environmental and land use analysis. ■ Legislative developments affecting regional and advanced planning including federal, state and local laws and ordinances. ■ Difficult research, analytical and statistical methods and comprehensive cost analysis techniques. ■ Research and statistical methods as applied to the collection, tabulation and analysis of data essential to planning studies. ■ Principles of the California Environmental Quality Act (CEQA). ■ Permit requirements of regulatory agencies. ■ Comprehensive knowledge of land use and site planning. ■ Basic municipal budgeting principals. Ability to: ■ Compose planning and housing reports,technical studies, and other related documents. ■ Actively manage complex and/or controversial projects and complete within applicable time limits. ■ Conceive, organize, and execute assigned projects with innovation and independence; develop work systems and timelines for housing and community development projects and programs. ■ Develop and implement housing projects and programs, including associated funding sources. ■ Effectively relate to a variety of concerned groups in clarifying and resolving problems or conflicts of a sensitive nature and a high degree of difficulty. Page 4109 of 4165 ■ Think critically, prepare analytical analysis and conduct strategic planning. ■ Establish and maintain cooperative and productive working relationships with the public and staff; work effectively with a variety of organizations. ■ Communicate effectively both verbally and in written form. ■ Effectively apply technical, social, and political skills to solve problems in a timely manner. ■ Work collaboratively with Community Development personnel and other Departments to assure the provision of comprehensive and coordinated related services. Education and Experience: Any combination equivalent to experience and education that could likely provide the required knowledge and abilities would be qualifying. A typical way to obtain these qualifications would be Bachelor's Degree with a major in planning, urban studies, geography, environmental studies, architecture, landscape architecture, biological sciences or closely related field and four years of increasingly responsible professional land use planning experience. Graduate degree desirable. Necessary Special Requirement: Possession of a valid Class C California Driver License. Page 4110 of 4165 Agenda Item No: 13.b. MEETING DATE/TIME: 8/5/2020 ITEM NO: 2020-488 U6ptll mi d0 lJ aqy j-�� City oj, AGENDA SUMMARY REPORT ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, SUBJECT: Consideration of 1) Approval of Community Development Director Determination that the Identified Project for Homekey Funding Qualifies for a CEQA Exemption; and 2) Adoption of Resolution Authorizing an Application for Funding to the Homekey Program. DEPARTMENT: Community PREPARED BY: Craig Schlatter, Community Development Development Director PRESENTER: Craig Schlatter, Community Development Director ATTACHMENTS: 1. 2020_H C D_H omeKey-N O FA_07-15-2020 2. Resolution- 2020 CDBG-CV1 application Summary: Council will consider 1) approval of Community Development Director determination that the identified project for Homekey Program funding qualifies for a CEQA exemption; and 2) adoption of a resolution authorizing an application for funding to the Homekey Program. Background: On July 16, 2020, the California Department of Housing and Community Development (HCD) announced the availability of approximately $600 million of Homekey Program (Homekey) grant funding through a Notice of Funding Availability (NOFA). Homekey is "a statewide effort to rapidly sustain and expand housing for persons experiencing homelessness and impacted by COVID-19." See Attachment 1 for a copy of the Homekey NOFA. Applications submitted through the priority application period are due August 13, 2020. Applications submitted after the priority application will be accepted until September 29, 2020, or until all funds are expended. However, it is only during the priority application period that funding is reserved for different regions on a time- limited basis. After August 13, applications compete with other applications from all-sized jurisdictions across the state. Section 301 of the NOFA lists eligible uses for Homekey. These uses include, but are not limited to, the following: - Acquisition or rehabilitation of motels, hotels, or hostels. - Acquisition of other sites and assets, including purchase of apartments or homes, adult residential facilities, residential care facilities for the elderly, manufactured housing, and other buildings with existing residential uses that could be converted to permanent or interim housing. - Relocation costs for individuals who are being displaced as a result of rehabilitation of existing units. Section 302 of the NOFA lists eligible projects, which include, but are not limited to, the following: - Nonresidential structures with a certification of occupancy as a motel, hotel, or hostel. - Adult residential facilities, residential care facilities for the elderly, manufactured housing, and other buildings Page 1 of 2 Page 4111 of 4165 with existing residential uses. - Multifamily rental housing projects with five or more housing units. - Shared housing or scattered site housing is permitted as long as the housing has common ownership, financing, and property management, and each household signs a lease. For example, a single-family home is one unit, a duplex is two units, a triplex is three units, etc. For acquisition projects, "Homekey will generally fund up to $100,000 per door, as supported by an appraisal." If there is a higher per door cost per project, local match is required. All Homekey projects must be fully completed by December 30, 2020 and occupied, at least on an interim basis, within 90 days of completion. AB 83 exempted certain Homekey projects from CEQA requirements and set forth a CEQA exemption specific to Homekey in Health and Safety Code Section 50675.1.2. There are additional streamlining pathways described in the appended CEQA guidance. Discussion: Since release of the NOFA, Staff have been working with local partners to identify a housing project that may qualify for Homekey funding. Given the short timeline to submit an application and the restrictions around the Homekey funding, a project has not been identified as of the date of preparation of this staff report. However, in the event a project is identified by August 5, 2020, and given the application due date of August 13, this agenda item is necessary for the City Council to approve the Community Development Director determination that the the identified Homekey project for Homekey funding qualifies for a CEQA exemption; and adopt a resolution (Attachment 2) authorizing submittal of an application to the Homekey Program. Recommended Action: Approve Community Development Director determination that the identified project for Homekey Program funding qualifies for a CEQA exemption; and adopt resolution authorizing an application for funding to the Homekey Program. BUDGET AMENDMENT REQUIRED: N/A CURRENT BUDGET AMOUNT: N/A PROPOSED BUDGET AMOUNT: N/A FINANCING SOURCE: Homekey Program PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A COORDINATED WITH: N/A Approved . � . Page 2 of 2 Page 4112 of 4165 Attachment 1 TATF OF CALIFORNIA-BUSINESS_ CONSUMER SERVICES AND HOUSING AGENCY GAVIN NFWSOM_ Governor DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT DIVISION OF FINANCIAL ASSISTANCE 2020 W. El Camino Avenue, Suite 670,95833 P.O. Box 952054 ' M" Sacramento, CA 94252-2054 (916)263-2771 www,,hc,d,;c ..:� July 16, 2020 MEMORANDUM FOR: All Potential Applicants FROM: Jennifer Seeger, Acting Deputy Di.w<e�t r, l Division of Financial Assistance ��. ° r, SUBJECT: NOTICE OF FUNDING AVAILA00TY HOMEKEY PROGRAM �� The California Department of Housing and Community Development (Department) is pleased to announce the availability of approximately $600 million of Homekey Program (Homekey) grant funding through this Notice of Funding Availability (NOFA). Building on the success of III„irciiect Ifooinr�lkey Homekey is a statewide effort to rapidly sustain and expand housing for persons experiencing homelessness and impacted by COVID-19. Of the $600 million in Homekey funding, $550 million is derived from the state's direct allocation of the federal Coronavirus Relief Fund (CRF) and $50 million is state General Fund. The $50 million in state General Fund money is intended to supplement the acquisition of, and provide initial operating subsidies for, Homekey sites to promote Project feasibility. Accordingly, the Department will use these moneys to fund 24-month operating subsidies. Projects receiving an award from the state's direct allocation of the federal CRF must expend the funds by December 30, 2020. The portion of a Project's award associated with state General Fund must be expended by June 30, 2022. Depending on the funding award, the successful applicant must close escrow by the expenditure deadline. Due to the Homekey expenditure deadline, and the potential for program oversubscription, eligible applicants are encouraged to submit their completed application as soon as possible. The Department will begin accepting applications on an over-the-counter basis on or about July 22, 2020. Review will be prioritized based on tiered criteria and date of submission. Applicants must submit a complete online application available at Ihffff�p. ...// r r r..:..Ihq ..::.q ..::.9.c r/.9.ir«i ff ::::fulr ii„i a /acffiive....:tundiinab/Ihoinr�elke .slhffinr�II. On July 24, 2020, the Department will hold a webinar to review the Homekey NOFA and application process. To register, please go to the Department's 11 li,c�jrn. l.......................... „y !2.!p« . To receive information on the workshop and other updates, please subscribe to the Department's Homelessness Prevention Programs Iistsery at .1h1t -// .lh�,cd.c�,,,, �r/Il,,li„ ,II „ „II/ u�u„lbscirii„Ib, , fornr�.Ihtir.ri II. ...................................................................... If you have any questions please submit them to ,Il,,,,,, lur, Ik „ ,,, Ihcd.ca. ov. Page 4113 of 4165 Homekey Program 2020 Notice of Funding Availability �� r � "' tell rrrll rrrll i State of California Governor Gavin Newsom Lourdes M. Castro Ramirez, Secretary Business, Consumer Services and Housing Agency Gustavo Velasquez, Director Department of Housing and Community Development 2020 West El Camino Avenue, Sacramento, CA 95833 Telephone: (916) 263-2771 Webs ite: Ihttlps //www.Ihca1 c« gov/a iranffs tun iina /acffiive tun iina /Ihoinr�elko slhtinr�ll Homekey Program Email: I¢,,clnr, lky, Ihc .ca. ov July 16, 2020 Page 4114 of 4165 Contents Airtlicle II ......... Piro it im Overview.................... .............................. 1 eofiioim 100. 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Page 4115 of 4165 HOMEKEY PROGRAM NOTICE OF FUNDING AVAILABILITY Article I — Program Overview Section 100. Notice of Funding Availability (NOFA) The California Department of Housing and Community Development (Department) is announcing the availability of approximately $600 million in Homekey funding to rapidly sustain and expand the inventory of housing for people experiencing homelessness or at risk of homelessness and impacted by COVID-19. The COVID-19 pandemic has exacerbated existing community needs and inequalities. In many communities, homelessness was already experienced disproportionately by race and other protected classes and persons experiencing homelessness are at increased risk of infection and death due to COVID-19. The Centers for Disease Control and Prevention is also reporting that evidence points to disproportionate impacts by race and ethnicity for COVID-19 hospitalization and death. As of June 12, age-adjusted hospitalization rates are highest among non-Hispanic American Indian or Alaska Native (5 times white persons) and non- Hispanic Black persons (5 times white persons), followed by Hispanic or Latino persons (4 times white persons). Homekey is an opportunity for local public agencies to purchase motels and a broad range of other housing types in order to increase their community's capacity to respond to homelessness and the current COVID-19 pandemic. While Homekey builds off the success of Project Roomkey, applications are not limited to Project Roomkey sites. Of the $600 million in Homekey grant funds, $550 million is derived from the state's direct allocation of the federal Coronavirus Aid Relief Funds (CRF) and $50 million is derived from the state's General Fund to supplement the acquisition of and to provide initial operating subsidies for, Homekey sites. Each Homekey allocation has the following expenditure deadlines: • The $550 million in CRF must be expended by December 30, 2020. The Department recognizes this expenditure deadline is challenging; however, the deadline is a requirement of federal CRF funding. The Department will provide ongoing support to assist Grantees in meeting the expenditure deadline and has already developed an accelerated application and award process. NOTE: For Projects that involve an acquisition and are receiving CRF awards, Grantees must expend the funds by the expenditure deadline and the Project escrow must be closed by December 30, 2020. • The $50 million in state General Funds must be expended by June 30, 2022. Section 101. Purpose and Program Objectives The purpose of the Homekey program is to provide grant funding to Eligible Applicants and facilitate a partnership with the state to quickly acquire or rehabilitate or master lease a Department of Housing and Community Development—Homekey NOFA Page 11 Page 4116 of 4165 variety of housing types. Once developed, these projects will piroviide iinteiriim or Ieirmanent Ihousing oltiions for persons experiencing homelessness and who are also at risk of COVID- 19. For this NOFA, people experiencing homelessness or who are at risk of experiencing homelessness are considered inherently "impacted by COVID-19," as they are most likely to have a lower life expectancy, be at a higher risk of infectious and chronic illness, and suffer from substance abuse and poor health. The Target Population may also have the same underlying medical conditions that result in increased risk for severe illness from COVID-19. Additionally, Homekey recognizes the disproportionate racial impacts of homelessness and COVID-19 and encourages Eligible Applicants to examine disproportionate impact in their own communities and to develop strategies to address these impacts. Section 102. Authorizing Legislation and Applicable Law Assembly Bill No. 83 (2019-2020 Reg. Sess.) created the statutory basis for Homekey by adding section 50675.1.1 to the Health and Safety Code and exempted certain Homekey Projects from the California Environmental Quality Act (CEQA) by adding section 50675.1.2 to the Health and Safety Code. Health and Safety Code section 50675.1.1, subdivision (d) states, "The Department of Housing and Community Development may adopt guidelines for the expenditure of the funds appropriated to the Department [for Homekey]. The guidelines shall not be subject to the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code." The Multifamily Housing Program (MHP) (Chapter 6.7 (commencing with Section 50675) of Part 2 of Division 31 of the Health and Safety Code), and as subsequently amended, is hereby incorporated by reference. In accordance with Health and Safety Code section 50675.1.1, subdivision (c), in the event of a conflict between this NOFA and the Multifamily Housing Program, the provisions of this NOFA are controlling. The MHP Final Guidelines (MHP Guidelines), effective June 19, 2019, and as subsequently amended, are hereby incorporated by reference. In the event of a conflict between any of the MHP Guidelines and this NOFA, the provisions of this NOFA are controlling. This NOFA establishes the terms, conditions, forms, procedures, and other mechanisms that the Department deems necessary to exercise its powers and to perform its duties pursuant to MHP in relation to Homekey. The Department reserves the limited right to amend this NOFA after the close of the application period. Such right does not extend to material provisions of the application submission, review, and award process (e.g., scoring and tiering criteria). Post-NOFA amendments will take immediate effect and will govern the Standard Agreement process. After Standard Agreements have been executed, the Department will only amend this NOFA as necessary to provide clarification or to avoid a conflict of law. The matters set forth herein are regulatory mandates and are adopted as regulations that have the dignity of statutes (Ramirez v. Yosemite Water Company, Inc. (1999) 20 Cal.4th 785, 799 [85 Cal.Rptr.2d 844]). Department of Housing and Community Development—Homekey NOFA Page 12 Page 4117 of 4165 Section 103. Program Timeline Homekey funds will be initially available to Eligible Applicants on an over-the-counter basis. Applications will be accepted from the release of this NOFA until September 29, 2020. The Department is also reserving a priority application period to allow for geographic equity in the disbursement of funds. The following table summarizes the Homekey program anticipated timeline. Table 1: Anticipated timeline for Homekey applications NOFA release July 16, 2020 Stakeholder Call July 16, 2020 Stakeholder Webinar July 24, 2020 Pre-application consultations and the priority application period July 16 -August 13, 2020 Final application due date September 29, 2020 Award announcements Rolling (Starting August 2020) Final awards issued October 2020 Standard agreements mailed Upon submittal of required information and documentation The Department redeploys unutilized funds November 2020 CRF expenditure deadline December 30, 2020 Grantee Expenditure and Program Report Feb 1, 2021 State General Funds expenditure deadline June 30, 2022 State General Funds expenditure report due dates ■ January 31, 2021 ■ July 31, 2021 ■ January 31, 2022, ■ July 31, 2022 The Department reserves the right to make adjustments to the projected timeline at any time. Article II. Application Submission, Review, and Award Process Section 200. Application Process Overview The Homekey application is available electronically on the 11 l inri_ Ik yAg.I a e. The Department anticipates releasing the Homekey application on or about July 22, 2020. i. Applications for this NOFA will be received and reviewed on a rolling, over-the- counter basis until the CRF and the state General Fund moneys are committed. ii. Applications will be prioritized as described in Section 202. iii. The Department will evaluate applications for compliance with the minimum program requirements set forth in Section 304 and depending on the proposed Project Applicants should review requirements in Sections 304, 305, and 306. See the Homekey Application Process Flowchart at the end of this Section. Department of Housing and Community Development—Homekey NOFA Page 13 Page 4118 of 4165 iv. After each Applicant has been certified to meet the minimum program requirements, to be considered for a funding award, each Project must receive a minimum overall score of 110 points, as outlined in Section 204. V. The Department reserves the right to do the following: a. Score an application as submitted even if information is missing from the application; and/or b. Request clarification of unclear or ambiguous statements made in an application or request additional clarifying documentation or information. Chart 1: Homekey Application Process Flowchart Eligible Applicant Submits a Homekey Application (meets Section 300) .10 oe Each submitted application shall meet the min. requirements in Section 304 Projects requesting a 24-month operating subsidy shall meet the requirements in Section 307 Permanent Housing projects shall Interim Housing projects shall meet meet the requirements in Section 305 requirements in Section 306 .10 Projects will be submitted to the over- the-counter Award Process (Section 205) Section 201. Pre-Application Consultation and Technical Assistance The Department requires all Applicants to engage in a pre-application consultation with the Department and/or the Department of General Services (DGS) prior to submitting an application. The consultation will allow the prospective Applicant to discuss the proposed Project, along with other applicable programmatic considerations, including those related to site acquisition, CEQA, land use and land entitlements, and long-term financing approaches. Application consultations will be available upon the release of this NOFA and may be requested by emailing ,Il;;;!2.! �..g! y. .. _Ihc. .ca. ov. Department of Housing and Community Development—Homekey NOFA Page 14 Page 4119 of 4165 Section 202. Geographic Distribution and Project Prioritization COVID-19 impacts people who are experiencing or who are at risk of homelessness throughout California. As such, the Department would like to ensure jurisdictions throughout the state have an equitable opportunity to apply for Homekey funds to protect the health and safety of their most vulnerable residents. To this end, the Department has divided the state into eight regions, as outlined in Table 2, below. The regions are largely aligned with the various Councils of Government (COGs). As detailed in Table 2, 3, and 4 below, each region has funding reserved on a time-limited basis during the priority application period. Each region's share of the Homekey allocation is calculated based on its proportionate share of the persons experiencing homelessness of both the sheltered and unsheltered 2019 Homeless Point-in-Time counts and extremely low- income (ELI) renter households that are paying more than 50 percent of their income for rent. Table 2: Homekey Counties by Region ��unties b` Gec�` ra f��c Distr"r�uti4n Los Angeles County San Joaquin Valley Central Coast Balance of State (Cont.) Bay Area Fresno Monterey Mendocino Alameda Kern San Benito Modoc Contra Costa Kings San Luis Obispo Mono Marin Madera Santa Barbara Nevada Napa Merced Santa Cruz Plumas San Francisco San Joaquin Balance of State Shasta San Mateo Stanislaus Alpine Sierra Santa Clara Tulare Butte Siskiyou Solano San Diego County Calaveras Tehama Sonoma Sacramento Area Colusa Trinity Southern California Amador Del Norte Tuolumne Imperial El Dorado Glenn Orange Placer Humboldt Riverside Sacramento Inyo San Bernardino Sutter Lake Ventura Yolo Lassen Yuba I Mariposa Table 3: Estimated Homekey Allocations by Region Leo 'raphfc-R gic�ns%% PI7 Seuerel�r CRF„ CF Afo a66 Count R j t Allocatlow burclen�d ELI Los Angeles County 58,936 415,970 $161,572,217 $14,688,383 SF Bay Area 35,028 213,910 $91,134,470 $8,284,952 Southern California 15,360 200,095 $55,577,540 $5,052,504 (w/o LA) San Joaquin Valley 10,271 105,370 $32,987,450 $2,998,859 Central Coast 8,439 38,395 $20,025,927 $1,820,539 Sacramento Area 8,381 73,780 $25,125,077 $2,284,098 San Diego County 8,102 94,480 $27,690,283 $2,517,298 Balance of State 7,254 32,140 $17,087,036 $1,553,367 Department of Housing and Community Development—Homekey NOFA Page 15 Page 4120 of 4165 Two percent (2%) of the $550 million in Homekey funds is for Department administrative costs. Twenty percent (20%) of the remaining $550 million in Homekey funds is being held back by the Department to ensure there is adequate flexibility to issue awards expediently. Table 4: Estimated Homekey Allocations r dirfg categories RF ener l uhc( Total Homekey Allocation $550,000,000 $50,000,000 Administrative at 2% $11,000,000 $1,000,000 Discretionary Set Aside at 20% $107,800,000 $9,800,000 Total Geographic Regional Allocation $431,200,000 $39,200,000 Eligible Applicants who apply within the 30-day priority application period will be grouped into one of the eight geographic regions. The Department will further sort the applications into one of two tiers. Tier One.- 1. Tier One applications will be those Projects that: (1) can be occupied within 90 days from the date of acquisition; and (2) are permanent housing or will result in permanent housing as indicated on the application; or 2. Tier One projects include Projects that can be occupied within 90 days and used for Interim Housing, provided the project is expected to be developed into permanent housing at a later date OR Interim Housing with a coordinated exit strategy adopted by the Continuum of Care to support transitions into other permanent housing. Interim Housing projects shall submit a letter of support from the local Continuum of Care that demonstrates the coordinated exit strategy of the Target Population. Tier Two.- Tier Two projects are all other Projects and uses, including housing that will be used for interim only and with no expectation of development into permanent housing. For Projects received within the priority application period, the Department will award Tier One projects meeting the program requirements on a rolling basis, up to the regional cap, on a first-come, first-served basis. Tier Two projects meeting the program requirements will be waitlisted and awarded funding if funds are available, after the priority application period, according to the date stamp. Applications that were received after the priority application period, and that met the specified program requirements, will be awarded according to date stamp, as funds are available. The Department can reimburse eligible Homekey expenditures that occurred prior to the release of this NOFA. Applicants are encouraged to discuss their options at the required pre-application consultation described in Section 201. The following table summarizes the Homekey application prioritization process and timeline. Department of Housing and Community Development—Homekey NOFA Page 16 Page 4121 of 4165 Table 5: Anticipated Homekey Application Prioritization Timeline Priority Application Review Period 2 September 30 — Review Period August 14 - September 29 December 30, 2020 July 16 -August 13 Sorted by: Sorted by date stamp only No applications a. Regions (not by region or tier) submitted during this b. Within Regions, by period will be accepted. Applications Tier One or Two Note: These applications will c. Within Tiers, by a be put on a waitlist, and not date stamp sorted by Region or Tier. Pre-application For applications received through August 13, the consultations and Department will continue awarding Tier One projects application review meeting the Homekey program requirements on a Awards period. rolling basis, up to the cap for the region. If these Tier One projects are undersubscribed, the Department will The Department will award qualified Tier Two projects. If the Tier Two begin awarding Tier projects are oversubscribed, the Department will award One projects meeting according to date stamp. If Tier Two projects are threshold within each undersubscribed, The Department will proceed with region on a rolling awards in the following order: basis, up to cap for the a. Any waitlisted applications from other regions region. received up to August 13, by tier and date stamp. b. Any waitlisted applications received on August 14 or later, by date stamp. For any tiebreaker needed (e.g., applications received on the same date), the Department will use ability to spend quickly, followed by PIT count, then leverage. Section 203. Maximum Grant Amounts For acquisition projects, Homekey will generally fund up to $100,000 per door, as supported by an appraisal. "Door" refers to the number of units at the time of the acquisition, which may differ from the number of units after a future conversion. For those projects that undergo a future conversion, the number of units may need to be reduced to accommodate kitchenettes and other amenities. The Department recognizes that some acquisitions may have a higher per-door appraised value in certain high-cost areas. Some properties may also have a higher per-door value because they need less upfront work and already have the necessary amenities to support permanent housing solutions—for example, units with kitchenettes. To support these efforts, the Department will accept requests from Tier One projects up to $200,000 per door. However, for this $200,000 per door maximum, the following applies: i. The Department will contribute the first $100,000 per door of the Homekey proposed Project. This contribution does not require a local match. Department of Housing and Community Development—Homekey NOFA Page 17 Page 4122 of 4165 ii. The Eligible Applicant will be required to contribute an identical match of $50,000 or a 1:1 local match to receive an additional $50,000 contribution from the Homekey program. iii. The Eligible Applicants will be required to contribute $100,000 or a 2:1 local match to receive an additional $50,000 contribution from the Homekey program. Table 6: State contributions to projects ��r�trr�utr�n er Dc�c�r y �I i�fe fik�f��r� FIRST $ 100,000 No Match Required $100,000 NEXT $ 50,000 (TIER ONE PROJECTS) 1:1, Up to $50,000 $200,000 NEXT $ 50,000 (TIER ONE PROJECTS) 2:1, Up to $100,000 $350,000 Eligible Applicants can request the highest state contribution of Homekey funds if they meet the following criteria: i. The proposed Project meets the Tier One category specified in Section 202. ii. The proposed Project is close to permanent occupancy, or there is a clear demonstration of occupying the units with tenants from the Target Population within 90 days of acquisition, e.g., higher purchase price with minimal rehabilitation needed. iii. The Department may consider additional criteria unique to the proposed Project that reduce the overall cost of a project when future rehabilitation needs are considered, support catalytic investments in disadvantaged communities without causing displacement, and affirmatively further fair housing. Department of Housing and Community Development—Homekey NOFA Page 18 Page 4123 of 4165 Section 204. Application Scoring Criteria Applications meeting the minimum program requirements outlined in Article III will require a minimum score of 110 points to be eligible for funding. Scores will be based on the following: Table 7: Homekey Application Scoring Criteria Homekey Application Scoring Evaluation Criteria Categories and Max Point Scores a. Identification of the site suitable for development and evidence of site control, or a plan and timeline for obtaining site control along with other supporting evidence (e.g., letter of intent, an exclusive negotiating agreement, ground lease, etc.). (Up to 20 points) 1. Ability to expend funds by b. A proposed development vision that identifies the financial and December 30, 2020. regulatory mechanisms to be used to maintain the ongoing (Up to 50 points) affordability of the Project. (Up to 20 points) c. An overview of the planned and timeline for any required entitlements, permits, environmental clearances. (Up to 10 points) a. Demonstration of the development's team experience to acquire and/or rehabilitate and operate the project. (Up to 10 points) b. A map of how the development team is connected and a description 2. Demonstration of the of how the team will work together, e.g., MOU, etc. development team's (Up to 10 points) experience and capacity to c. Development, ownership, or operation of a project similar in scope acquire and operate the and size to the proposed Project. (Up to 10 points) Project. (Up to 40 points) d. The extent to which the Project can demonstrate the range of on-site and off-site supportive services that will be provided to the target population, e.g., mental health services, substance use disorder services, primary health, employment, and other tenancy support services. (Up to 10 points) a. Eligible Applicant shall provide non-discrimination statement per Section 311, which references the Fair Employment and Housing Act. The Fair Employment and Housing Act is supported by accompanying regulations, 2 CCR Section 12005 et seq, covering tenant screening and affirmative marketing requirements. Eligible Applicant will also include a description of how the Project will 3. A demonstration of how the address racial equity and inequities for the target population, Project will address racial including any local disproportionate impact of COVID-19 and equity, other systemic homelessness by race and other protected classes. The description inequities, state and federal should include supporting evidence of the strategies' effectiveness if accessibility requirements, available. (Up to 15 points) and serve members of the b. The extent to which the Project exceeds the state and Target Population. federal accessibility requirements set forth Section 311, specifically (Up to 25 points) providing a minimum of 10 percent of units with features accessible to persons with mobility disabilities, as defined in 24 C.F.R. Section 8.22 and the parallel ADAAG 2010 and CBC provisions, and a minimum of 4 percent of units with features accessible to persons with hearing or vision disabilities, as defined in 24 C.F.R. Section 8.22 and the parallel ADAAG 2010 and CBC Chapter 11 B provisions. (Up to 5 points) Department of Housing and Community Development—Homekey NOFA Page 19 Page 4124 of 4165 Homekey Application Scoring Evaluation Criteria Categories and Max Point Scores c. The Applicant or development team has three or more years of experience serving persons of the target population. (Up to 5 points) a. The extent to which the Eligible Applicant can demonstrate the Project's impact on the community as demonstrated by a reduction of at least 5 percent of the local 2019 Point-in-Time Count. (Up to 10 points) b. The proposed Project is a Tier One project and requires no rehabilitation, or the rehabilitation and the occupancy can be completed within 30 days after acquisition. (Up to 10 points) c. The Project is expected to acquire and maintain 100 or more units for the target population. (Up to 5 points) d. For any Project below$350,000 per door, if the Eligible Applicant contributes more than a minimum match outlined in Table 5, above, the application will receive one (1) extra point for every additional 5% per door contributed to the Project. For example, for an acquisition that costs $100,000 per door, the Applicant will receive 1 extra point for every$5,000 per door in match contributed. (Up to 10 points) e. Site Selection (Up to 10 points) The project site is located within 1/3 mile of a bus rapid transit station, light rail station, commuter rail station, ferry terminal, bus station, or 4. The extent to which the public bus stop. Commuter rail station, ferry terminal, bus station, or Eligible Applicant can public bus stop OR the project includes an alternative transportation demonstrate the Project's service for residents (e.g., van or dial-a-ride service), if costs of community impact and site obtaining and maintaining the van and its service are included in the selection. budget and the operating schedule is either on demand by tenants or a (This category is worth regular schedule is provided (4 points) 45 points) The project site is in proximity to essential services: i. Grocery store—within 1/2 mile of a full-scale grocery store/supermarket of at least 25,000 gross interior square feet where staples, fresh meat, and fresh produce are sold (1 mile for projects in rural areas); (2 points) ii. Health facility—within 1/2 mile (1 mile for projects in rural areas) of a qualifying medical clinic with a physician, physician's assistant, or nurse practitioner on-site for a minimum of 40 hours each week, or hospital (not merely a private doctor's office). A qualifying medical clinic must accept Medi-Cal payments, or Medicare payments, or Health Care for the Homeless, or have an equally comprehensive subsidy program for low-income patients; (1 point) iii. Library—within 1/2 mile of a book-lending public library (1 mile for projects in rural areas); (1 point) iv. Pharmacy: within 1/2 mile of a pharmacy (1 mile for projects in rural areas). (2 points) Department of Housing and Community Development—Homekey NOFA Page 1 10 Page 4125 of 4165 In the event of program oversubscription, where Applicants have the same score and the same date stamp, the following tiebreaker system will be applied to determine the Project funding: i. The Department will take into consideration the highest score for each project received in the expenditure category (e.g. immediate ability to expend funds by December 30, 2020). ii. If a funding determination cannot be made from (i) above, the Department will provide the grant funding to the project with the highest 2019 Homeless Point-in-Time count. iii. If the funding determination cannot be made from (i) or (ii) above, the Department will provide funding to project that leverages the most non-Homekey funds (government, private, or philanthropic). iv. The Department may consider additional criteria, including but not limited to the cost- effectiveness; community impact; affirmative furtherance of fair housing; innovative housing type; tenant stability; and proximity to transit, services and amenities. Section 205. Application Submission The Department will be accepting over-the-counter applications beginning on or about July 22, 2020. Instructions for submittal of an application can be found on the website. The Department will set aside a priority application period to immediately begin reviewing and awarding qualified Projects from July 16, 2020 to August 13, 2020. All other applications received after the priority application period must be received by the Department no later than 5:00 p.m. PDT on September 29, 2020. Applicants must submit the Homekey application and required attachments provided by the Department. The Department will not accept modified application forms. It is the Applicant's responsibility to ensure that the submitted application is accurate. Department staff may request additional clarifying information. The application is a public record, which is available for public review pursuant to the California Public Records Act (CPRA) (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code). After final Homekey awards have been issued, the Department may disclose any materials provided by the Applicant to any person making a request under the CPRA. The Department cautions Applicants to use discretion in providing information not specifically requested, including but not limited to, bank account numbers, personal phone numbers, and home addresses. By providing this information to the Department, the Applicant is waiving any claim of confidentiality and consents to the disclosure of submitted material upon request. Section 206. Application Award Process The Department will send both an award letter and a Standard Agreement to the successful Applicant. When the Standard Agreement is signed and returned by the Applicant, the Applicant will simultaneously submit a request for funds. Funds will be disbursed after the Department has received a request for funds and a fully executed Standard Agreement. Department of Housing and Community Development—Homekey NOFA Page 1 11 Page 4126 of 4165 The Department is committed to disbursing Homekey funds in a timely manner. To avoid any expenditure delays, funds may be issued directly to the Applicant that is listed on the application, to the designated payee identified by successful co-Applicants, or to an escrow company that has been approved by the Department. For the latter option, the Applicant shall identify the name and address of the escrow company, the name of the escrow officer, the escrow number, and any other information requested by the Department. Section 207. Appeals Federal CRF money is the primary source of funding for the Homekey program, and it is subject to a short expenditure deadline. Section 601(f)(2) of the Social Security Act, as added by section 5001(a) of the federal Coronavirus Aid, Relief, and Economic Security (CARES) Act, provides that the U.S. Department of the Treasury will recoup CRF money that have not been used to cover expenses incurred by December 30, 2020. In view of this abbreviated timeframe for award and expenditure, as well as the specific needs and objectives of the Homekey program, the Department, in accordance with its authority under Health and Safety Code section 50675.7, subdivision (d), will not accept appeals of its award determinations. The Department encourages aggrieved Applicants to resubmit their applications within the specified timeframe. Article III Program Requirements Section 300. Eligible Applicants i. Cities, counties, or any other Local Public Entity as that term is defined by Health and Safety Code section 50079; or ii. Cities, counties, or any other Local Public Entity as that term is defined by Health and Safety Code section 50079, in partnership with nonprofit or for-profit corporations. Cities, counties, or other Local Public Entities, including housing authorities or federally recognized tribal governments within California, may apply independently as a Development Sponsor. Alternatively, a Local Public Entity may apply jointly with a for-profit or nonprofit corporation. Section 301. Eligible Uses Awarded funds must be used to provide housing for individuals and families experiencing homelessness or at risk of experiencing homelessness and who are impacted by the COVID-19 pandemic. With respect to the list of eligible uses below, an Eligible Applicant may choose to target Project Roomkey properties, or other, non-Project Roomkey properties. The list of eligible uses for the CRF $550 million allocation and the $50 million state General Fund allocation is as follows: i. Acquisition or rehabilitation of motels, hotels, or hostels. ii. Master leasing of properties. Department of Housing and Community Development—Homekey NOFA Page 1 12 Page 4127 of 4165 iii. Acquisition of other sites and assets, including purchase of apartments or homes, adult residential facilities, residential care facilities for the elderly, manufactured housing, and other buildings with existing residential uses that could be converted to permanent or interim housing. iv. Conversion of units from nonresidential to residential in a structure with a certificate of occupancy as a motel, hotel, or hostel. V. The purchase of affordability covenants and restrictions for units. vi. Relocation costs for individuals who are being displaced as a result of rehabilitation of existing units. vii. Capitalized operating subsidies for units purchased, converted, or altered with funds provided pursuant to Health and Safety Code section 50675.1.1.* *Projects seeking capitalized operating subsidies for units purchased, converted, or altered will be awarded with funds from the $50 million state General Fund allocation. The $550 million in Homekey derived from the CRF is not permitted to be used for this purpose. Section 302. Eligible Projects i. Nonresidential structures with a certificate of occupancy as a motel, hotel, or hostel. ii. Adult residential facilities, residential care facilities for the elderly, manufactured housing, and other buildings with existing residential uses. iii. Multifamily rental housing projects with five or more housing units. iv. Shared housing or scattered site housing is permitted as long as the housing has common ownership, financing, and property management, and each household signs a lease. For example, A single-family home is one unit, a duplex is two units, a triplex is three units, etcetera. The above list of eligible projects is not exhaustive. The Department welcomes and will consider a variety of other forms of housing as eligible projects. Interested Applicants should discuss other projects types with the Department during the pre-application consultation. Section 303. Match Eligible Applicants are required to demonstrate a five-year commitment to provide operating funds for the proposed project. The first two years of operating funds may include an award from the $50 million in state General Fund. Matching contributions may be obtained from any source, including any federal source as well as state, local, and private sources. Eligible Applicants will have an opportunity to discuss the match requirements and potential match sources during the pre-application consultation described in Section 201. Department of Housing and Community Development—Homekey NOFA Page 1 13 Page 4128 of 4165 Additionally, the following requirements apply to match contributions: i. The Eligible Applicant must ensure the laws governing any funds to be used as matching contributions do not prohibit those funds from being used to match Homekey funds; and ii. If the state General Funds are used to satisfy the matching requirements of another program, then funding from that program may not be used to fulfill the matching requirements of the Homekey program. Section 304. General Program Requirements To be eligible to receive funding, projects must meet the following requirements as they relate to the Eligible Applicant and the project types: i. Applications must be submitted independently by a single County, City, Public Housing Authority, or federally recognized tribal government as the Development Sponsor. Alternatively, applications must be submitted by a single County, City, Public Housing Authority, federally recognized tribal government and jointly with another entity as the Development Sponsor. ii. Projects must serve persons qualifying as members of the Target Population. iii. Developer experience a. If the Eligible Applicant is acquiring, rehabilitating, and operating an eligible project type as outlined in Section 305 below, the Eligible Applicant shall demonstrate the following minimum experience requirements: 1) Development, ownership, or operation of a project similar in scope and size to the proposed Project, or at least two affordable rental housing projects in the last ten years, with at least one of those projects containing at least one unit housing a tenant who qualifies as a member of the Target Population. 2) The property manager shall have three or more years of experience serving persons of the Target Population. If a property manager is not yet selected for the proposed Project, the selected property manager shall have three or more years of experience serving persons of the Target Population, OR the Grantee shall certify that this requirement will be reflected in any future solicitation or Memorandum of Understanding. b. If the Eligible Applicant is acquiring, rehabilitating, and operating an Interim Housing project, the Eligible Applicant shall demonstrate the following minimum experience requirements: 1) Development or ownership of an Interim Housing project in the last ten years for members who qualify as the Target Population. 2) The Eligible Applicant has successfully operated an emergency shelter or Transitional Housing or other Interim Housing for at least three years or more for members of the Target Population. Department of Housing and Community Development—Homekey NOFA Page 1 14 Page 4129 of 4165 3) Demonstrated experience in linking Interim Housing program participants to permanent housing to ensure long-term housing stability. 4) Experience administering a Housing First program including principles of harm reduction and low barriers to entry. c. The Eligible Applicant applying for the Homekey funding is the entity that the Department relies upon for experience and capacity, and will control the Project during acquisition, development, and occupancy. In a project with multiple layers of ownership, the Development Sponsor cannot have more than two corporate entities between itself and the borrowing entity. iv. Evidence of strong organizational and financial capacity to develop the project, including but not limited to: a. The urgency to acquire a site to provide affordable housing to the Target Population; b. A development plan to meet the expenditure period; c. If the project will leverage other funding sources. V. Assisted units and other units of the Project must meet all applicable state and local requirements pertaining to rental housing, manufactured housing, including but not limited to requirements for minimum square footage, and requirements related to maintaining the project in a safe and sanitary condition. vi. The Department encourages Eligible Applicants to consider the CEQA exemption set forth at Health and Safety Code section 50675.1.2, the provision for land use consistency and conformity at Health and Safety Code section 50675.1.1, subdivision (g), as well as the additional streamlining pathways described in the appended CEQA guidance. vii. The Department will require Eligible Applicants to submit the following documents: a. Overview of project vision; b. Description of project team, including partnerships with any other entities; c. Demonstration of the development's team experience to acquire and/or rehabilitate and operate the project; d. Identification of the site suitable for development and evidence of site control or a plan and timeline for obtaining site control along with other supporting evidence (e.g., letter of intent, exclusive negotiating agreement, ground lease, etc.); e. A proposed development vision that identifies the financial and regulatory mechanisms to be used to maintain the ongoing affordability of the project; Department of Housing and Community Development—Homekey NOFA Page 1 15 Page 4130 of 4165 f. A summary of the committed and intended sources, and uses, of the project awarded with Homekey funds; g. A proposed timeline for the entire project, including major milestones, any required entitlements, permits, environmental clearances, board or governing body approvals, etc., and completion of the project; h. A proposed financing plan for any eventual development of the project; i. Preliminary commitment for title insurance. If no title report is available, the Applicant shall identify any known encumbrances on the property; j. Environmental site assessment (i.e., Phase 1 Environmental Assessment), or evidence that the assessment is in process and timeline to complete; k. Appraisal or evidence that the appraisal is in process and timeline to complete; I. Physical Needs Assessment or evidence that the physical needs assessment is in process and timeline to complete. This assessment must include consideration of accessibility requirements (Section 311); m. Non-Discrimination Statement and descriptions of tenant selection and/or coordinated entry system practices that meet non-discrimination requirements (Section 311); n. Documented ability to obtain the insurance coverages outlined in Article VI of this NOFA; and o. Authorizing Resolution (AR) approved by the Applicant's governing body. The Department reserves the right to request clarification of unclear or ambiguous statements made in an application and other supporting documents. Section 305. Permanent Housing Requirements Permanent housing projects will be evaluated on the following requirements: i. The Sponsor shall have control of the property, and such control shall not be contingent on the approval of any other party. The status and nature of the Sponsor's title and interest in the property shall be subject to the Department's approval. Site control may be evidenced by one of the following: a. Fee title; b. A leasehold interest on the property with provisions that enable the lessee to make improvements on and encumber the property provided that the terms and conditions of any proposed lease shall permit compliance with all program requirements; c. An executed disposition and development agreement, or irrevocable offer of dedication to a public agency; Department of Housing and Community Development—Homekey NOFA Page 1 16 Page 4131 of 4165 d. A sales contract, or other enforceable agreement for the acquisition of the property; e. A letter of intent, executed by a sufficiently authorized signatory of the Eligible Applicant, that expressly represents to the Department, without condition or reservation, that, upon successful application, the Eligible Applicant shall purchase or otherwise acquire a sufficient legal interest in the property to accomplish the purpose of the award. The letter of intent must also be acknowledged by the party selling or otherwise conveying an interest in the subject property to the Eligible Applicant. If this form of evidence is relied upon at the time of application, the Department may impose additional milestones, in the Standard Agreement, regarding increased evidence of eventual site control closer to the likely close of escrow; or f. Other forms of site control that give the Department assurance (equivalent to items a. through e. above) that the Applicant will be able to complete the project in a timely manner and in accordance with all the program's objectives and requirements. ii. The Eligible Applicant's plan to extend a local covenant restricting the use and Target Population for 55 years. iii. A plan to cover operations and service costs with specific funding sources (government/philanthropic/private) for the proposed Project for five years and must demonstrate a path to ultimate use of the site for ten years. iv. To the extent possible, the project shall provide a description of the services that will be available at the housing site including but not limited to case management, behavioral health services, physical health services, assistance obtaining benefits and essential documentation, and education and employment services. Please describe the on-site staffing plan proposed to deliver these services. Also describe the approach to securing off-site services including primary care and other needed physical health and behavioral health services as well as other tenancy supports. V. One-for-one replacement of assisted housing a. If the acquired housing or site is to be redeveloped/repositioned as part of the locality's overall goal to address the needs of the Target Population and the community, the Applicant shall provide as part of the application a commitment to ensure one-for-one replacement of units. b. If the target site is going to be demolished before it is occupied as part of the Project being proposed by the Applicant, no one-for-one replacement commitment needs to be provided. The unit mix will be evaluated based on the project proposal. c. The application shall include a site map indicating the original target housing location and all proposed housing Iocation(s). If all proposed housing will be located within the neighborhood, no additional documentation is necessary. If replacement housing is proposed outside the target neighborhood, the application must also include a justification explaining why it is necessary to locate this Department of Housing and Community Development—Homekey NOFA Page 1 17 Page 4132 of 4165 replacement housing outside the target neighborhood (i.e., offsite) and how doing so supports and enables the Target Population to maintain housing. vi. If the development of any Project results in the displacement of tenants, regardless of whether the tenant meets the definition of the Target Population, the Applicant must describe the assistance and benefits to be provided in compliance with local, state, and federal law. Section 306. Interim Housing Requirements Interim Housing projects with no plan for conversion to permanent housing will be evaluated on the following requirements: i. The Sponsor shall have control of the property, and such control shall not be contingent on the approval of any other party. The status and nature of the Sponsor's title and interest in the property shall be subject to the Department's approval. Site control may be evidenced by one of the following: a. Fee title; b. A leasehold interest on the property with provisions that enable the lessee to make improvements on and encumber the property provided that the terms and conditions of any proposed lease shall permit compliance with all program requirements; c. An executed disposition and development agreement, or irrevocable offer of dedication to a public agency; d. A sales contract, or other enforceable agreement for the acquisition of the property; e. A letter of intent, executed by a sufficiently authorized signatory of the Applicant, that expressly represents to the Department, without condition or reservation, that, upon successful application, the Applicant shall purchase or otherwise acquire a sufficient legal interest in the property to accomplish the purpose of the award. The letter of intent must also be acknowledged by the party selling or otherwise conveying an interest in the subject property to the Applicant. If this form of evidence is relied upon at the time of application, the Department may impose additional milestones, in the Standard Agreement, regarding increased evidence of eventual site control closer to the likely close of escrow; or f. Other forms of site control that give the Department assurance (equivalent to a-e above) that the Applicant will be able to complete the project in a timely manner and in accordance with all the program's objectives and requirements. ii. A plan to cover operations and service costs with specific funding sources (government/philanthropic/private) for the proposed Project for five years and must demonstrate a path to the ultimate use of the site for ten years. iii. To the extent possible, the project shall provide a description of the services that will be available at the housing site including but not limited to case management, behavioral health services, physical health services, assistance obtaining benefits Department of Housing and Community Development—Homekey NOFA Page 1 18 Page 4133 of 4165 and essential documentation, and education and employment services. Please describe the on-site staffing plan proposed to deliver these services. Also describe the approach to securing off-site services including primary care and other needed physical health and behavioral health services as well as other tenancy supports. Section 307. Other Requirements i. The purchase of existing residential units, or affordability covenants and restrictions require the units to be restricted to individuals and families who are experiencing homelessness or who are at risk of homelessness defined in Section 578.3 of Title 24 of the Code of Federal Regulation, for no fewer than 20 years. Additionally, the Sponsor shall provide a plan to cover operations and service costs with specific funding sources (government/philanthropic) for the proposed Project for five years and must demonstrate a path to the ultimate use of the site for ten years. ii. Master leasing projects will be evaluated on the following requirements: a. The Sponsor shall have adequate site control of the property, and such control shall not be contingent on the approval of any other party. Site control may be evidenced by one of the following: 1) Fee title; 2) A leasehold interest on the property with provisions that enable the lessee to make improvements on and encumber the property provided that the terms and conditions of any proposed lease shall permit compliance with all program requirements; 3) An executed disposition and development agreement, or irrevocable offer of dedication to a public agency; 4) A sales contract, or other enforceable agreement for the acquisition of the property; 5) A letter of intent, executed by a sufficiently authorized signatory of the Eligible Applicant, that expressly represents to the Department, without condition or reservation, that, upon successful application, the Eligible Applicant shall purchase or otherwise acquire a sufficient legal interest in the property to accomplish the purpose of the award. The letter of intent must also be acknowledged by the party selling or otherwise conveying an interest in the subject property to the Eligible Applicant. If this form of evidence is relied upon at the time of application, the Department may impose additional milestones, in the Standard Agreement, regarding increased evidence of eventual site control closer to the likely close of escrow. 6) Other forms of site control that give the Department assurance (equivalent to 1-5 above) that the Applicant will be able to complete the project in a timely manner and in accordance with all the program's objectives and requirements. b. The Sponsor shall provide a plan to cover operations and service costs with specific funding sources (government/philanthropic) for the proposed Project for five years. Department of Housing and Community Development—Homekey NOFA Page 1 19 Page 4134 of 4165 c. To the extent possible, the Eligible Applicant shall demonstrate the range of on- site and off-site supportive services to participants, e.g., mental health services; substance use disorder services; and primary health, employment, and other tenancy support services. Section 308. 24-Month Operating Subsidy i. The total amount for each project requesting the 24-month operating subsidy shall not exceed $1,000 per month per unit to address project operating deficits attributable to the Assisted Units. ii. The 24-month operating subsidy must be expended by June 30, 2022. Section 309. Article XXXIV Per Health and Safety Code section 37001, subdivision (h), Article XXXIV, section 1 of the California Constitution ("Article XXXIV") is not applicable to development involving the acquisition, rehabilitation, reconstruction, alterations work, or any combination thereof, of lodging facilities or dwelling units using moneys received from the CRF established by the federal CARES Act (Public Law 116-136). Section 310. Housing First Upon occupancy, the Eligible Applicant shall certify to employ the core components of Housing First (set forth in the Welfare and Institutions Code Section 8255) in the property management and tenant selection practices. Section 311. Accessibility and Non-Discrimination All developments shall adhere to the accessibility requirements set forth in California Building Code Chapter 11A and 11 B and the Americans with Disabilities Act, Title II. In addition, developments shall adhere to either the Uniform Federal Accessibility Standards (UFAS) standards, 24 C.F.R. Part 8, or HUD's modified version of the 2010 ADA Standards for Accessible Design (Alternative 2010 ADAS), HUD-2014-0042-00017 79 F.R. 29671 (5/27/14) (commonly referred to as "the Alternative Standards" or "HUD Deeming Memo"). Accessibly units shall, to the maximum extent feasible and subject to reasonable health and safety requirements, be distributed throughout the project and be available in a sufficient range of sizes and amenities consistent with 24 CFR Section 8.26. All Sponsors shall adopt a written non-discrimination policy requiring that no person shall, on the grounds of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, age, medical condition, genetic information, citizenship, primary language, immigration status (except where explicitly prohibited by federal law), arbitrary characteristics, and all other classes of individuals protected from discrimination under federal or state fair housing laws, individuals perceived to be a member of any of the preceding classes, or any individual or person associated with any of the preceding classes be excluded from participation in, be denied the benefits of, or be subjected to discrimination under, any program or activity funded in whole or in part with program funds made available pursuant to this NOFA. Department of Housing and Community Development—Homekey NOFA Page 120 Page 4135 of 4165 All recipients shall comply with the requirements contained in the Americans with Disabilities Act, the Fair Housing Amendments Act, the California Fair Employment and Housing Act, the Unruh Act, Government Code Section 11135, Section 504 of the Rehabilitation Act, and regulations promulgated pursuant to those statutes, including 24 C.F.R. Part 100, 24 C.F.R. Part 8, and 28 C.F.R. Part 35, in all of the Sponsor's activities. Section 312 State Prevailing Wage Applicant's contemplated use of Homekey funds may be subject to California's prevailing wage law (Lab. Code, § 1720 et seq.). Applicants are urged to seek professional legal advice about the law's requirements. Prior to disbursing the Homekey funds, the Department will require a certification of compliance with California's prevailing wage law. The certification must verify that prevailing wages have been or will be paid (if such payment is required by law), and that labor records will be maintained and made available to any enforcement agency upon request. The certification must be signed by the general contractor(s) and the Sponsor. Article IV Program Operations Section 401. Program Oversight As requested by the Department, Grantees will be required to provide progress reports of the development plan and any updates to the timeline of the completion of the project. The development plan should include the project's completion milestones and any updates or substantial changes. Section 402. Reporting Grantees shall submit the following data: i. The amount of funds expended for the project. ii. The location of any properties for which the funds are used. iii. The number of useable housing units produced, or planned to be produced, using the funds. iv. The number of individuals housed, or likely to be housed, using the funds. V. The number of units, and the location of those units, for which operating subsidies have been, or are planned to be, capitalized using the funds. vi. Any lessons learned from the use of the funds. vii. The proposed development vision that identifies the financial and regulatory mechanisms to be used to maintain the long-term affordability of the project. viii. The progress and status in securing any required entitlements, permits, environmental clearances. ix. The proposed timeline for the completion of the project. Department of Housing and Community Development—Homekey NOFA Page 121 Page 4136 of 4165 If a project received an award for a 24-month operating subsidy, Grantees shall submit the use of the expenditures bi-annually 30 days after the reporting periods of January 1 to June 30 and July 1 to December 31. The first report will be due to the Department on January 31, 2021, and the final bi-annual report is due on July 31, 2022. The Grantee that receives funds under the Homekey Program is responsible for ensuring that the expenditure of those funds is consistent with the requirements of the Program and for eligible activities described in Section 302. The Department shall monitor the expenditures to ensure that those expenditures comply with this NOFA. The Department may request the repayment of funds or pursue any other remedies available to it by law for failure to comply with program requirements. After the contract has expired, any funds not expended for eligible uses shall revert and must be remitted to the Department. The deadline for expenditures under the contract is June 31, 2022. The requested data shall be submitted in electronic format on a form provided by the Department. Section 403. Disbursement of Grant Funds The Department will disburse funds to cover Homekey-critical expenditures that were incurred during the period of March 1, 2020 through December 30, 2020. Homekey program funds shall be disbursed to the Sponsor after the Department has received a request for funds from the Sponsor and a Standard Agreement between the Sponsor and the Department is fully executed. The Standard Agreement will set forth the general conditions of disbursement, any conditions precedent to disbursements (e.g., documentation requirements for pre-Standard Agreement expenditures), and the Department's remedies upon an event of default. The Standard Agreement will also identify the payee. Where Co- Sponsors wish to receive the grant award outside of escrow, they must identify, and memorialize in the Standard Agreement, which Sponsor will serve as the designated payee for all award amounts. Section 404. Legal documents Upon the award of Homekey funds to a Project, the Department shall enter into one or more agreements with the Sponsor(s), including a Standard Agreement, which shall commit funds from the Homekey program, subject to specified conditions. The agreement or agreements shall include, but not be limited to, the following provisions: i. A description of the approved project and the permitted uses of funds; ii. The amount and terms of the program grant; iii. The use, occupancy, and rent restrictions, if any, to be imposed on the project through a use restriction (e.g., covenant, regulatory agreement) recorded against the property of the project; iv. Performance milestones, and other progress metrics, governing the completion of the project, along with the remedies available to the Department in the event of a failure to meet such milestones or metrics; Department of Housing and Community Development—Homekey NOFA Page 122 Page 4137 of 4165 V. Provisions governing the manner, timing, and conditions of the disbursement of the program grant; vi. Special conditions imposed as part of the Department's approval of the project; vii. Terms and conditions required by federal and state law; viii. Requirements for reporting to the Department; ix. Remedies available to the Department in the event of a violation, breach, or default of the agreement; and X. Provisions regarding Sponsor liability. Specifically, the Sponsor will remain liable to the Department for the performance of all program requirements regardless of any Department-approved transfer or assignment of interest. Likewise, each co-Sponsor will remain jointly and severally liable to the Department for the performance of all program requirements regardless of any Department-approved transfer or assignment of interest, and notwithstanding the co-Sponsors' identification of a designated payee. The agreement will also include such other provisions as are necessary to ensure adherence to the objectives and requirements of the program. Section 405. Sales, Transfers, and Encumbrances An Applicant(s) shall not sell, assign, transfer, or convey the awarded project, or any interest therein or portion thereof, without the express prior written approval of the Department. Section 406. Defaults and Grant Cancellations Funding commitments may be canceled by the Department under any of the following conditions: i. The objectives and requirements of the Homekey program cannot be met and the implementation of the project cannot proceed in a timely fashion in accordance with the timeframes established in the regulatory agreement/contract. ii. In the event of a breach or violation by the Grantee, the Department may give written notice to the Development Sponsor to cure the breach or violation. If the breach or violation is not cured to the satisfaction of the Department within a reasonable time period, the Department, at its option, may declare a default under the relevant document and may seek legal remedies for the default including the following: a. The Department may seek, in a court of competent jurisdiction, an order for specific performance of the defaulted obligation or the appointment of a receiver to complete the project in accordance with Homekey program requirements; and b. The Department may seek such other remedies as may be available under the relevant agreement or any law. Department of Housing and Community Development—Homekey NOFA Page 123 Page 4138 of 4165 Article V. Definitions Below are the definitions for purposes of the Homekey program: i. "Applicant" or "Eligible Applicant" means a city, county, or other "local public entity," as that term is defined at the Health and Safety Code section 50079, applying to be a Development Sponsor either on its own or with another entity (such as a for-profit or nonprofit corporation, or another local public entity). ii. "Area Median Income" or "AMI" means the most recent applicable county median family income published by the California Tax Credit Allocation Committee (TCAC) or the Department. iii. "Assisted Unit" means a residential housing unit that is subject to rent, occupancy or other restrictions associated with a Homekey site. iv. "At Risk of Homelessness" has the same meaning as defined in Section 578.3 of Title 24 of the Code of Federal Regulations. V. "City" means a city or city and county that is legally incorporated to provide local government services to its population. A city can be organized either under the general laws of this state or under a charter adopted by the local voters. vi. "Chronic Homelessness" means a person who is chronically homeless, as defined in 578.3 of Title 24 of the Code of Federal Regulations. vii. "Continuum of Care" means the same as defined by the United States Department of Housing and Urban Development at Section 578.3 of Title 24 of the Code of Federal Regulations. viii. "Department" means the Department of Housing and Community Development. ix. "Development Sponsor" or "Sponsor", as defined in Section 50675.2 of the Health and Safety Code and subdivision (c) of Section 50669 of the Health and Safety Code, means any individual, joint venture, partnership, limited partnership, trust, corporation, cooperative, local public entity, duly constituted governing body of an Indian reservation or rancheria, or other legal entity, or any combination thereof, certified by the Department as qualified to own, manage, and rehabilitate a rental housing development. A Development Sponsor may be organized for profit, limited profit or be nonprofit, and includes a limited partnership in which the Development Sponsor or an affiliate of the Development Sponsor is a general partner. X. "Environment Assessment — Phase 1" is a report that demonstrates whether the property is free from severe adverse environmental conditions. A. "Grantee" means an Eligible Applicant that has been awarded funds under the program. xii. "Homeless" has the same meaning as defined in Section 578.3 of Title 24 of the Code of Federal Regulations. Department of Housing and Community Development—Homekey NOFA Page 124 Page 4139 of 4165 xiii. "Housing First" has the same meaning as in Welfare and Institutions Code Section 8255, including all of the core components listed therein. xiv. "HUD" means the U.S. Department of Housing and Urban Development. xv. "Interim Housing" Transitional Housing" or "Congregate Shelter" means any facility whose primary purpose is to provide a temporary shelter for the Homeless in general or for specific populations of the Homeless, and which does not require occupants to sign leases or occupancy agreements. xvi. "Local Public Entity" means any county, city, city and county, the duly constituted governing body of an Indian reservation or rancheria, tribally designated housing entity as defined in Section 4103 of Title 25 of the United States Code and Section 50104.6.5, redevelopment agency organized pursuant to Part 1 (commencing with Section 33000) of Division 24, or housing authority organized pursuant to Part 2 (commencing with Section 34200) of Division 24, and also includes any state agency, public district, or other political subdivision of the state, and any instrumentality thereof, that is authorized to engage in or assist in the development or operation of housing for persons and families of low or moderate income. "Local public entity" also includes two or more local public entities acting jointly. xvii. "NOFA" means a Notice of Funding Availability. xviii. "Permanent Supportive Housing" has the same meaning as "supportive housing," as defined in Section 50675.14 of the Health and Safety Code, except that "Permanent Supportive Housing" shall include associated facilities if used to provide services to housing residents. xix. "Permanent Housing" means a housing unit where the landlord does not limit length of stay in the housing unit, the landlord does not restrict the movements of the tenant, and the tenant has a lease and is subject to the rights and responsibilities of tenancy. xx. "Project" means a multifamily structure or set of structures providing housing with common financing, ownership, and management. xxi. "Program Award" means the portion of program funds available for a Grantee to expend toward eligible program uses. xxii. "Point-in-Time Count" means a count of sheltered and unsheltered Homeless persons on a single night conducted by Continuums of Care as prescribed by HUD. xxiii. "Rural Area" means an area defined in Health and Safety Code section 50199.21. xxiv. "Target Population" means members of the target population identified in Health and Safety Code section 50675.1.1(a) are individuals and families who are experiencing homelessness or who are at risk of homelessness defined in Section 578.3 of Title 24 of the Code of Federal Regulation and who are impacted by the COVID-19 pandem ic. xxv. "Unit" means a residential unit that is used as a primary residence by its occupants, including individual units within the Project. Department of Housing and Community Development—Homekey NOFA Page 125 Page 4140 of 4165 Article VI Insurance Requirements Section 600. Insurance Requirements i. Commercial general liability Local public entities shall maintain general liability on an occurrence form with limits not less than $1,000,000 per occurrence and $2,000,000 aggregate for bodily injury and property damage liability. The policy shall include coverage for liabilities arising out of premises, operations, independent contractors, products, completed operations, personal and advertising injury, and liability assumed under an insured agreement. This insurance shall apply separately to each insured against which claim is made, or suit is brought subject to the local public entity's limit of liability. The policy must name the State of California and the Department of Housing and Community Development, as well as the respective appointees, officers, agents, and employees of each, as additional insureds, but only with respect to work performed under the contract. If available in the open market at a reasonable cost, the policy shall also include an endorsement for physical abuse and child/sexual molestation coverage. Coverage shall include actual or threatened physical abuse, mental injury, sexual molestation, negligent hiring, employment, supervision, investigation, reporting to proper authorities, and retention of any person for whom the local public entity is responsible. This insurance shall apply separately to each insured against which claim is made, or suit is brought subject to the local public entity's limit of liability. Coverage shall include the cost of defense and the cost of defense shall be provided outside the coverage limit. If available in the open market at a reasonable cost, the policy shall also include an endorsement for assault and battery. ii. Automobile liability Local public entity shall maintain motor vehicle liability with limits not less than $1,000,000 combined single limit per accident. Such insurance shall cover liability arising out of a motor vehicle including owned, hired, and non-owned motor vehicles. The policy must name the State of California and the Department of Housing and Community Development, as well as the respective appointees, officers, agents, and employees of each, as additional insureds, but only with respect to work performed under the contract. If local public entity will not have any commercially owned vehicles used during the life of the Standard Agreement, by signing the Standard Agreement, the local public entity certifies that the local public entity and any employees, subcontractors or servants possess valid automobile coverage in accordance with California Vehicle Code sections 16450 to 16457, inclusive. The Department reserves the right to request proof at any time. Department of Housing and Community Development—Homekey NOFA Page 126 Page 4141 of 4165 iii. Workers' Compensation and Employer's Liability Local public entity shall maintain statutory worker's compensation and employer's liability coverage for all its employees who will be engaged in the performance of the contract. In addition, employer's liability limits of$1,000,000 are required. By signing the Standard Agreement, local public entity acknowledges compliance with these regulations. A Waiver of Subrogation or Right to Recover endorsement in favor of the State of California and the Department of Housing and Community Development must be attached to the certificate. iv. Builder's risk/installation floater If there is installation or construction of property/materials on or within the facility at any time during the life of the Standard Agreement, the local public entity shall maintain in force, at its own expense, Builders Risk/installation Floater covering the local government entity's labor, materials, and equipment to be used for completion of the Work performed under this contract against all risks of direct physical loss, excluding earthquake and flood, for an amount not less than the full amount of the property and/or materials being installed and/or constructed on or within the facility. The Eligible Applicant agrees as a provision of the contract to waive all rights of recovery against the state. V. Property insurance The local public entity shall maintain fire, lightning and extended coverage insurance on the facility which shall be in a form of a commercial property policy, in an amount equal to one hundred percent (100%) of the then current replacement cost of the facility, excluding the replacement cost of the unimproved real property constituting the site. The extended coverage endorsement shall, as nearly as practicable, include but not be limited to loss or damage by an explosion, windstorm, riot, aircraft, vehicle damage, smoke, vandalism, and malicious mischief and such other hazards as are normally covered by such endorsement. vi. Self-insured If the local public entity is self-insured in whole or in part as to any of the above- described types and levels of coverage, the local government entity shall provide the Department with a written acknowledgment of this fact at the time of the execution of this Permit. If, at any time after the execution of the Standard Agreement, local public entity abandons its self-insured status, the local public entity shall immediately notify the Department of this fact and shall comply with all of the terms and conditions of this Section pertaining to insurance requirements. Department of Housing and Community Development—Homekey NOFA Page 127 Page 4142 of 4165 Attachment 2 RESOLUTION NO. 2020- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH AUTHORIZING APPLICATION TO THE HOMEKEY PROGRAM WHEREAS: A. The Department of Housing and Community Development (Department) has issued a Notice of Funding Availability ("NOFA"), dated July 16, 2020, for the Homekey Program ("Homekey" or"Homekey Program"). The Department has issued the NOFA for Homekey grant funds pursuant to Health and Safety Code section 50675.1.1 (Assem. Bill No. 83 (2019-2020 Reg. Sess.), § 21.) B. City of Ukiah ("Applicant") desires to apply for Homekey grant funds. Towards that end, Applicant is submitting an application for Homekey funds ("Application") to the Department for review and consideration. C. The Department is authorized to administer Homekey pursuant to the Multifamily Housing Program (Chapter 6.7 (commencing with Section 50675) of Part 2 of Division 31 of the Health and Safety Code). Homekey funding allocations are subject to the terms and conditions of the NOFA, the Application, the Department-approved STD 213, Standard Agreement ("Standard Agreement"), and all other legal requirements of the Homekey Program. THEREFORE, IT IS RESOLVED THAT: 1. Applicant is hereby authorized and directed to submit an Application to the Department in response to the NOFA, dated July 16, 2020, and to apply for Homekey grant funds in a total amount not to exceed $ . That amount includes $ for capital expenditures (as allowed under Health and Saf. Code, § 50675.1.1, subd. (a)(1)-(6)) and $ for a capitalized operating subsidy (as allowed under Health and Saf. Code, § 50675.1.1, subd. (a)(7)). 2. If the Application is approved, Applicant is hereby authorized and directed to ensure that any funds awarded for capital expenditures are spent by December 30, 2020, and that any funds awarded for capitalized operating subsidies are spent by June 30, 2022. 3. If the Application is approved, Applicant is hereby authorized and directed to enter into , any and all other documents required or deemed necessary or appropriate to secure the Homekey funds from the Department and to participate in the Homekey Program, and all amendments thereto (collectively, the "Homekey Documents"). 4. Applicant acknowledges and agrees that it shall be subject to the terms and conditions specified in the Standard Agreement, and that the NOFA and Application will be incorporated in the Standard Agreement by reference and made a part thereof. Any and all activities, expenditures, information, and timelines represented in the Application are enforceable through the Standard Agreement. Funds are to be used for the allowable expenditures and activities identified in the Standard Agreement. Page 4143 of 4165 5. Sage Sangiacomo, City Manager, or his or her designee, is authorized to execute the Application and the Homekey Documents on behalf of Applicant for participation in the Homekey Program. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Ukiah held on August 5, 2020 by the following vote: AYES: NOES: ABSTAIN: ABSENT: Douglas F. Crane, Mayor Ukiah City Council STATE OF CALIFORNIA City of Ukiah ATTEST: I, Kristine Lawler, City Clerk of the City of Ukiah, State of California, do hereby attest and certify the above and foregoing to be a full, true and correct copy of a resolution adopted by said City Council on this 5th day of August, 2020, and that the resolution has not been altered, amended, or repealed. Kristine Lawler, City Clerk of the City of Ukiah of the State of California By: Page 4144 of 4165 Agenda Item No: 13.c. MEETING DATE/TIME: 8/5/2020 ITEM NO: 2020-491 U6ptll mi d0 lJ aqy j-�� City qj, AGENDA SUMMARY REPORT ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, SUBJECT: Consider Adoption of Resolution for Authorization to Submit an Application to Join the Upper Russian River Water Agency (URRWA). DEPARTMENT: Water Resources PREPARED BY: Sean White, Water Resources Director PRESENTER: Sean White, Water Resources Director ATTACHMENTS: 1. URRWA.Resolution Summary: The Council will receive a report and consider whether to adopt the attached Resolution directing staff to apply to join the Upper Russian River Water Agency. Background: The Upper Russian River Water Agency ("URRWA") is a Joint Exercise of Powers Authority (Attachment 1), formed in accordance with the Joint Exercise of Powers Act. URRWA was initially formed by four original Constituents: Willow County Water District, Redwood Valley County Water District, Calpella County Water District, and Millview County Water District. The Joint Powers Agreement provides for other public agencies within the Russian River Watershed to apply to join URRWA, provided they are either a purveyor of water or an operator of a sewer treatment or collection system. As a provider of water and wastewater services the City meets the criteria for membership. Discussion: The URRWA was developed as a first step in unifying water and wastewater policy in the greater valley with a long term goal consolidating the number entities providing water and wastewater service in the region. To date, the City has not been a member of the URRWA. However, as the membership has evolved, and the City develops it's long-range planning efforts, participation in a regional water and wastewater entity seems appropriate. Staff recommends that the Council adopt the Resolution (Attachment 2) directing staff to apply to join URRWA. Recommended Action: Approve resolution for authorization to submit an application to join the Upper Russian River Water Agency (URRWA) BUDGET AMENDMENT REQUIRED: N/A CURRENT BUDGET AMOUNT: N/A PROPOSED BUDGET AMOUNT: N/A FINANCING SOURCE: N/A PREVIOUS CONTRACT/PURCHASE ORDER NO.: COORDINATED WITH: Phillip Williams, Special Counsel Page 1 of 2 Page 4145 of 4165 Approved � . Page 2 of 2 Page 4146 of 4165 ATTACHMENT 1 RESOLUTION NO. 2020- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH AUTHORIZING AN APPLICATION TO JOIN THE UPPER RUSSIAN RIVER WATER AGENCY WHEREAS: 1. The City of Ukiah was incorporated as a general law city in 1876; and 2. The Upper Russian River Water Agency is a Joint Powers Authority, as defined by California Government Code section 56047.7, formed pursuant to Chapter 5 of Division 7 of Title 1 of the California Government Code (Sections 6500, ff) (the "Joint Exercise of Powers Act") and created through a joint powers agreement dated December 29, 2014 (the Joint Powers Agreement"); and 3. Article 11 of the Joint Powers Agreement provides for the "Addition of Constituents," which provides further that"[a]ny public agency that is a purveyor of water, or an operator of a sewer treatment or collection system, or both, which is located within the Russian River Watershed may apply to become a Constituent. The Board may approve the application, approve it with conditions or reject the application. The application shall be deemed completed when each of the governing bodies of the Constituents signifies ratification of the action of the Board and delivers such resolution to the Secretary of the Agency[]"; and 4. Article 1 defines "Constituents" to "refer[] to Willow [County Water District], Redwood Valley [County Water District], Calpella [County Water District] and Millview [County Water District]"; and 5. In addition to other rights to divert water, the City of Ukiah holds the two most senior municipal rights to divert water in the Ukiah Valley: a pre-1914 appropriative right and a 1954 appropriative right, and exercises its water rights to deliver water to its 16,000 residents and is therefore properly understood to be"a purveyor of water ... located within the Russian River Watershed"; and 6. The City of Ukiah provides wastewater collection and treatment for about two-thirds of the City's residents and operates its own wastewater treatment plant and is therefore properly understood to be "an operator of a sewer treatment or collection system ... located within the Russian River Watershed"; and 7. The City of Ukiah desires to join the Upper Russian River Water Agency so that it may participate in developing and implementing a bright and sustainable future for its residents and all of Ukiah Valley. NOW, THEREFORE, the City Council does hereby resolve: 1. The City of Ukiah shall submit an application, pursuant to the Joint Powers Agreement, to become a Constituent of the Upper Russian River Water Agency. Page 4147 of 4165 2. The City Manager or his designee is authorized to take any and all actions necessary to submit such an application. 3. The City Council thanks the Boards of Directors of the Upper Russian River Water Agency and of the Constituents for their thoughtful consideration of this Resolution and the impending application and looks forward to a constructive partnership with its neighbors. PASSED AND ADOPTED at a Regular Meeting of the City Council of the City of Ukiah, conducted in accordance with the Governor's March 12, 2020, Executive Order N-25-20 regarding teleconferencing of Meetings under the Ralph M. Brown Act, and signed in Ukiah, California, this 5th day of August, 2020. AYES: NOES: ABSTAIN: ABSENT: Douglas F. Crane, Mayor ATTEST: Kristine Lawler, City Clerk Page 4148 of 4165 Agenda Item No: 13.d. MEETING DATE/TIME: 8/5/2020 ITEM NO: 2020-481 U6ptll mi d0 lJ aqy j-�� City oj, AGENDA SUMMARY REPORT ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, SUBJECT: Discussion and Possible Adoption of Resolution Amending Procedures for Annual Appointment and Rotation of Mayor, Vice Mayor, and City Councilmembers. DEPARTMENT: City Clerk PREPARED BY: Kristine Lawler, City Clerk PRESENTER: Kristine Lawler, City Clerk ATTACHMENTS: 1. Dais Seating 2. Mayor Rotation Scenarios 3. Resolution - Redline 4. Resolution A 5. Resolution B Summary: The City Council will discuss and possibly adopt a resolution amending the guidelines for the annual councilmember rotations. Background: In 2011, the City Council adopted resolution 2011-44, which established guidelines for how the Mayor and Councilmembers rotate their seating from year to year. The guidelines are based on seniority in a number of given situations, which can sometimes be unclear and requires interpretation by staff for what recommendations to make to Council. On December 4, 2019, the Council held a discussion followed by the appointment of Mayor Crane and Councilmember Brown to serve on a Mayor Rotation ad hoc, to review the Mayor rotation guidelines and determine if they could be modified to address the discussed concerns. Discussion: The Mayor Rotation ad hoc met and a revised rotation method — shown below- was proposed. Proposed Method: Based on the following seating arrangement (See Attachment 1 for image of Dais seating): Seat 1 — Farthest to Mayor's right Seat 2 — Middle seat to Mayor's right Seat 3— Directly to Mayor's right Vice Mayor Mayor Each year, all members will rotate as follows: Seat 1 to Seat 2 Seat 2 to Seat 3 Seat 3 to Vice Mayor Vice Mayor to Mayor Outgoing Mayor to Seat 1 Page 1 of 3 Page 4149 of 4165 Rotation with Incoming Councilmembers: • Outgoing Mayor will rotate into Seat 1. • New member will rotate into Seat 2, which will give the new member a chance to be Mayor once during their first term. o If there are two new members, then they will rotate into Seat 2 & 3. o If there are three new members: —This is the only scenario where— using the new method — a new member would rotate directly into the Vice Mayor position (see Attachment 2, highlighted scenario.) Alternatively, the three new members could rotate into Seat 1, 2 & 3; this would put the outgoing mayor back into the vice mayor position, and put the incoming member with the least amount of votes into Seat 1, which would most likely not give them a chance to be mayor in their first term. —The seniority given to three new members would remain the same as the current method. With the member having received the most votes going into the most advanced seat. • Appointed members to unfulfilled terms will be treated as new members in respect to the rotations. There are an infinite number of combinations and possibilities for how various rotations would look over time; however, Attachment 2 provides some scenarios to show how the proposed method could look over the next couple of years. Staff Recommendations: Staff recommends that the City Council have a discussion regarding the following points: • To keep the old method of rotation, go with the new method, or return back to the ad hoc with direction. • If going with the new method, discuss the following options regarding the scenario of three new members: Option A — Incoming members would go into Seat 2, 3, and the Vice Mayor position — meaning the member with the most votes would be placed directly into the Vice Mayor position; this option giving all three incoming members a chance to be mayor once during their first term. Option B — Incoming members would go into Seat 1, 2, and 3 - meaning the outgoing mayor would rotate directly back to the vice mayor position, and the new member with the least votes would likely not be mayor in their first term. • If going with the new method, then adopt one of the following resolutions (a redline version has been provided for reference as Attachment 3): - Resolution for Option A (Attachment 4) - Resolution for Option B (Attachment 5) Page 2 of 3 Page 4150 of 4165 Recommended Action: 1) Conduct a discussion per staff recommendations; and 2) If Council decides to go with the proposed method of rotation, then adopt Resolution A or B, depending on which option Council chooses; or 3) If Council decides not to go with the proposed method, then give direction to the ad hoc and staff. BUDGET AMENDMENT REQUIRED: N/A CURRENT BUDGET AMOUNT: N/A PROPOSED BUDGET AMOUNT: N/A FINANCING SOURCE: N/A PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A COORDINATED WITH: Mayor Rotation Ad Hoc Committee (Crane;Brown) and Sage Sangiacomo, City Manager. Approves � . Page 3 of 3 Page 4151 of 4165 LO o z LO " w � (3) x H H Z_ H a w 70 c aow o 0 EL 12 12 12 12 2 12, 11 11 11 11 11 21 E E E '. E '2 2,E E IF zz 13 2 1 F F 6 b F E E 2 2 E E p 2 cj - 2 , I I I I I; cj, q A N O jr t cj, L L L L 5 5 1� 6 Nm E E E E E lrj I.r cj cj, I I ml ml m EPA m E2 c E cj 2 2 � 2 2 E i4 m cQ, 6� to o A to t to tF 3t tF at t L 2 mOL mL 'o, 'L oF,� > 6 mo cS o c o '2 "1 IF �E 2 ci I J It 2 i4 ol 2 to L m o o o ar ii I.r o o cj " qq �rj t cjl d p p t t t t t Ao IL IL ml ATTACHMENT 3 RESOLUTION NO. (- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING RULES GOVERNING COUNCIL MEETINGS WHEREAS, The City Council has adopted by resolution Procedures of Conduct for City Council Meetings, u ua, 2 II 1i„ of 111 „ „P" �f„ ':'1� 1- ("Procedures"); and last revised on . ... .... . ....... ................................ The City Council has determined to revise the rules governing the Mayoral Rotation and Seating Arrangement for Council. NOW, THEREFORE, BE IT RESOLVED that the title and Section 7 of the Procedures are amended as follows: TITLE: City of Ukiah City Council Meeting Procedures SECTION 7. VOTING PROCEDURE I. Mayoral Rotation and Seating Arrangement for Council It is the policy of the City Council that the office of Mayor be rotated .a among the members of the City Council and that the Mayor shall serve a term of one year or until a successor is appointed. IIIc f,lii u.�u°°r;lill Ilillll Ilia°°rc lii u �cu �llcu°° Ilflu° u°°r ;� u°°rc of uis..imum a s as. ue ....Iaygii,...gj tbg...,igmg..Egg 1U11 1i("i in the umo..uni h of )eceqm eu wheun. the cllc ilioin u. su fts au, esei°°rted R �n� c u c f :1 ow u:Ai a f� Seal ...... IC:: ufllci i Ilflu,' uli:Ilri Sea 2 ...... Il fllidd; e seat to Il fla oiu's uj(Z lbi Seat .i : :....11 1. :yoii:.......... .. I lMayg. City Manager GGIM Seas 1 City Attorney GGIM Vice IVY r a� w Mayor Mayor r Seas „'N Page 1 of 1 Page 4154 of 4165 Page 2of1 ..... vie If a Councilmember declines to serve as Vice Mayor, the Council will decide by formal action where the member will fit into the rotation at the December meeting. The Council has the ultimate discretion to elect or not elect any Councilmember for any office at the December meeting. ::I ........;::F-1 ..M .. ...�. r ..... ..M M ..M M. , M ..... ..M... ..� i M. ..M . M M M .. a 4 . Aftofoey N .. ,. Page 3of 1 Page 4156 of 4165 i BE IT FURTHER RESOLVED that the amended version of Section 7 as contained in this Resolution shall replace Section 7 in the City Council Meeting Procedures as it read prior to the adoption of this Resolution. PASSED AND ADOPTED this "dµ -51" day of.N. 4barAu.,(,], :j,�j;, 2(:0: by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: d . i.....�� ?.�:"�.�:�.(L�....II::::..:....29.02, Mayor ATTEST: .II .!I:aSfll.ln.e:.... a�.ILe.Ur, City Clerk Page 4of 1 Page 4157 of 4165 ATTACHMENT 4 (Option A) RESOLUTION NO. 2020- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING RULES GOVERNING COUNCIL MEETINGS WHEREAS, 1. The City Council has adopted by resolution Procedures of Conduct for City Council Meetings, last revised on November 2, 2011 ("Procedures"); and 2. The City Council has determined to revise the rules governing the Mayoral Rotation and Seating Arrangement for Council. NOW, THEREFORE, BE IT RESOLVED that the title and Section 7 of the Procedures are amended as follows: TITLE: City of Ukiah City Council Meeting Procedures SECTION 7. VOTING PROCEDURE I. Mayoral Rotation and Seating Arrangement for Council It is the policy of the City Council that the office of Mayor be rotated among the members of the City Council and that the Mayor shall serve a term of one year or until a successor is appointed. The City Council shall choose one of its members as Mayor, and one of its members as Vice Mayor, at the regular meeting in the month of December when the election results are presented. Rotation is based on the following seating arrangement: Seat 1 — Farthest to Mayor's right Seat 2 — Middle seat to Mayor's right Seat 3— Directly to Mayor's right Vice Mayor Mayor Cite eat 1 Manager City feat 2 Attorney - - Vice Seat 3 Mayor Mayor Page 1 of 1 Page 4158 of 4165 ATTACHMENT 3 (Option A) Each year, all members will rotate as follows: • Seat 1 to Seat 2 • Seat 2 to Seat 3 • Seat 3 to Vice Mayor • Vice Mayor to Mayor • Outgoing Mayor to Seat 1 Incoming Councilmembers: • Outgoing Mayor will rotate into Seat 1. • New member will rotate into Seat 2; • If there are two new members, then they will rotate into Seat 2 & 3. • If there are three new members, then incoming members will go into Seat 2, 3, and the Vice Mayor position, with the member having received the most votes going into the Vice Mayor position, and the member with the least votes going into Seat 2. • Appointed members to unfulfilled terms will be treated as new members in respect to the rotations. If a Councilmember declines to serve as Vice Mayor, the Council will decide by formal action where the member will fit into the rotation at the December meeting. The Council has the ultimate discretion to elect or not elect any Councilmember for any office at the December meeting. BE IT FURTHER RESOLVED that the amended version of Section 7 as contained in this Resolution shall replace Section 7 in the City Council Meeting Procedures as it read prior to the adoption of this Resolution. PASSED AND ADOPTED this 5th day of August, 2020, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Douglas F. Crane, Mayor ATTEST: Kristine Lawler, City Clerk Page 2 of 1 Page 4159 of 4165 ATTACHMENT 5 (Option B) RESOLUTION NO. 2020- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING RULES GOVERNING COUNCIL MEETINGS WHEREAS, 1. The City Council has adopted by resolution Procedures of Conduct for City Council Meetings, last revised on November 2, 2011 ("Procedures"); and 2. The City Council has determined to revise the rules governing the Mayoral Rotation and Seating Arrangement for Council. NOW, THEREFORE, BE IT RESOLVED that the title and Section 7 of the Procedures are amended as follows: TITLE: City of Ukiah City Council Meeting Procedures SECTION 7. VOTING PROCEDURE I. Mayoral Rotation and Seating Arrangement for Council It is the policy of the City Council that the office of Mayor be rotated among the members of the City Council and that the Mayor shall serve a term of one year or until a successor is appointed. The City Council shall choose one of its members as Mayor, and one of its members as Vice Mayor, at the regular meeting in the month of December when the election results are presented. Rotation is based on the following seating arrangement: Seat 1 — Farthest to Mayor's right Seat 2 — Middle seat to Mayor's right Seat 3— Directly to Mayor's right Vice Mayor Mayor Cite eat 1 Manager City feat 2 Attorney - - Vice Seat 3 Mayor Mayor Page 1 of 1 Page 4160 of 4165 ATTACHMENT 4 (Option B) Each year, all members will rotate as follows: • Seat 1 to Seat 2 • Seat 2 to Seat 3 • Seat 3 to Vice Mayor • Vice Mayor to Mayor • Outgoing Mayor to Seat 1 Incoming Councilmembers: • Outgoing Mayor will either rotate into Seat 1, or into Vice Mayor position if there are three incoming members. • New member will rotate into Seat 2; • If there are two new members, then they will rotate into Seat 2 & 3. • If there are three new members, then incoming members will go into Seat 1, 2, and 3, with the member having received the most votes going into Seat 3, and the member with the least votes going into Seat 1. • Appointed members to unfulfilled terms will be treated as new members in respect to the rotations. If a Councilmember declines to serve as Vice Mayor, the Council will decide by formal action where the member will fit into the rotation at the December meeting. The Council has the ultimate discretion to elect or not elect any Councilmember for any office at the December meeting. BE IT FURTHER RESOLVED that the amended version of Section 7 as contained in this Resolution shall replace Section 7 in the City Council Meeting Procedures as it read prior to the adoption of this Resolution. PASSED AND ADOPTED this 5th day of August, 2020, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Douglas F. Crane, Mayor ATTEST: Kristine Lawler, City Clerk Page 2 of 1 Page 4161 of 4165 Agenda Item No: 13.e. MEETING DATE/TIME: 8/5/2020 ITEM NO: 2019-62 U6ptll mi d0 lJ aqy j-�� City qj, AGENDA SUMMARY REPORT ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, SUBJECT: Receive Updates on City Council Committee and Ad Hoc Assignments, and, if Necessary, Consider Modifications to Assignments and/or the Creation/Elimination of Ad Hoc(s). DEPARTMENT: City Clerk PREPARED BY: Kristine Lawler, City Clerk PRESENTER: Sage Sangiacomo, City Manager ATTACHMENTS: 1. 2020 City Council Special Assignments - 07-06-20 Summary: City Council members will provide reports and updates on their committee and ad hoc assignments. If necessary, the Council may consider modifications. Background: City Council members are assigned to a number of committees and ad hoc activities. These assignments are included as Attachment#1. Discussion: Previously, the City Council discussed having more time allocated to reporting on committee and ad hoc activities. Often, the Council Reports section of the regular agenda is rushed due to impending business (i.e., public hearings), and not enough time is afforded for reports beyond community activities. In an effort to foster regular updates on committee and ad hoc assignments, this item is being placed on the agenda to provide the City Council members an expanded opportunity to report on assignments and modify assignments as necessary. Recommended Action: Receive report(s). The Council will consider modifications to committee and ad hoc assignments along with the creation/elimination ad hoc(s). BUDGET AMENDMENT REQUIRED: No CURRENT BUDGET AMOUNT: N/A PROPOSED BUDGET AMOUNT: N/A FINANCING SOURCE: N/A PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A COORDINATED WITH: NSA Approved . � . Page 1 of 1 Page 4162 of 4165 o Ln o N � N T N 0 -- M o z w a� `o N U 3 `o a� `o o a� m x �y �y �y Ofo � E Ofg � o oU o� oU � o oU � � o o u '?'m Y y '°`° Y y Y y c u 0 . [� En gY oY gY T� 0 E ?� `0 2�°i E co m �' `o`o .. 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Wx NSv emu» UmS (nUmS y UmS `m rn m E U m o o m u o o 0 cl y o f of x as o K� -oa E Z u� c E(nro o� c E(nro o m o_ "o m m'+' m E m a o u�-� T- a o rn o c L o > m n m o_ m o o m o F9 ,°, m O°� a o o 'o' u Y m L 'o' u Y na o O a a 3 a o a a K p O a a a a o U y C U J U U U y N o U N O U U ` T U O o 3 U N U >U U o U U cOi S m o o (n m U m o@Z (n m w m m m m nY `m c OoY �oY `ms oYCNo �Y u�Y �o m o Oo ? o o�Y ND > N CD u� U m D >J v u� m U W m m u� U v N U v E m > m m o o y m E o o o O O co E o o m= `-L A Y ' o E m E E w E E LL� A N Y V S a• -6 o -O (0 0 y E N oo O O LL� m � N yO N .O N >>O C 3 Q O Q >- O y >N >Ysz N 0I tf > O N `w N U >y 0I O ~O A O -° O >'� -O y O m m o mL -a mo -oo ym o y0 0 0 o O a z a� n U C) > rm m s� m`'m E j ai Q �2 E N E 0 O 0 y O 0 U y y y N N V ?+ y V N 0 V J J ¢ O U p .0 E y ¢J E A E 0 y W N E v E O O N_ C @ W 0 m O a U o O A y 0 U v o `g c L O U E L O ° E O O >..y >. >. E >. U > 0 y m w L O mE O �p c > O ` y O O O W O = u m O O Mn y y >.� y U U U c U 2 U 1r- o J '> O O O O j O N O J W W Q N y c r '° C D C y C O C C U f0 L L E U Q 'O 'O E 'O W 'O > > A°- >, w A A w A E y N c E c E c c V O v E •• > d Y Y O x W `O o O o o Q U J W U J 7 a 7 U w 2 2 LL 2 U 2 LL aa o um ar as as au COMMITTEE • PRINCIPAL STAFF SUPPORTCOMMENTS Electric Grid Operational Crane/Scalmanini Mel Grandi,Electric Utility Director; Improvements 463-6295 mgrandi@cityofukiah.com Downtown Parking Management Mulheren/Brown Shannon Riley,Deputy City Manager; 467-5793 sriley@cityofukiah.com Public Works Project Specification Tim Eriksen,Public Works Director/City Development Crane/Mulheren Engineer;463-6280 teriksen@cityofukiah.com Uniform Cost Accounting Tim Eriksen,Public Works Director/City Crane/Mulheren Engineer;463-6280 teriksen@cityofukiah.com Marbut Study Ad Hoc Justin Wyatt,Police Operations Captain, Brown/Scalmanini 463-6760 jwyatt@cityofukiah.com Tami Bartolomei,Community Services Cannabis Events Administrator;467-5765 Mulheren/Brown tbartolomei@cityofukiah.com Public Right of Way Related ADA Tim Eriksen,Public Works Director/City Compliance Scalmanini/Orozco Engineer;463-6280 teriksen@cityofukiah.com Kristine Lawler,City Clerk; Mayor Rotation Guidelines Brown/Crane 463-6217 klawler@cityofukiah.com Sean White,Director of Water Resources; 463-5712 swhite@cityofukiah.com 2020 Rate Study for Sewer Brown/Orozco Tim Eriksen,Public Works Director/City Engineer;463-6280 teriksen@cityofukiah.com Dan Buffalo,Director of Finance;463-6220 dbuffalo@cityofukiah.com Budget Development Best Dan Buffalo,Director of Finance; Practices and Financial Policy For Crane/Brown 463-6220 dbuffalo@cityofukiah.com FY 20/21 Budget Sheri Mannion,Human Resource Director/Risk Manager;463-6272,smannion@cityofukiah.com Sage Sangiacomo,City Manager 463-6221 ssangiacomo@cityofukiah.com Shannon Riley,Deputy City Manager 467-5793 sriley@cityofukiah.com Advance Planning&Policy for Craig Schlatter,Community Development Sphere of Influence(SOI), Director Municipal Service Review(MSR), 463-6219 cschlatter@cityofukiah.com Annexation,Tax Sharing, Crane/Scalmanini Sean White,Director of Water Resources; 463-5712 swhite@cityofukiah.com Detachment,and Out of Area Tim Eriksen,Public Works Director/City Service Agreements Engineer;463-6280 teriksen@cityofukiah.com Mel Grandi,Electric Utility Director; 463-6295 mgrandi@cityofukiah.com Dan Buffalo,Director of Finance;463-6220 dbuffalo@cityofukiah.com 2020 Electric Rate Study Crane/Scalmanini Mel Grand!,Electric Utility Director;463-6295 lmgrandi@cityofukiah.com Diversity and Equity orozco/Mulheren JTBD 3 7/6/2020 Page 4165 of 4165