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HomeMy WebLinkAbout2024-04-03 CC PacketPage 1 of 4 City Council Regular Meeting AGENDA (to be held both at the physical and virtual locations below) Civic Center Council Chamber ♦ 300 Seminary Avenue ♦ Ukiah, CA 95482 To participate or view the virtual meeting, go to the following link: https://us06web.zoom.us/j/81760916204 Or you can call in using your telephone only: • Call (toll free) 1-669-444-9171 • Enter the Access Code: 817 6091 6204 • To Raise Hand enter *9 • To Speak after being recognized: enter *6 to unmute yourself Alternatively, you may view the meeting (without participating) by clicking on the date and name of the meeting at www.cityofukiah.com/meetings, and then going to the media tab. April 3, 2024 - 6:00 PM 1. ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. AB 2449 NOTIFICATIONS AND CONSIDERATIONS 4. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS 4.a. Proclamation Recognizing April 14th – 20th as National Public Safety Telecommunicators Week in the City of Ukiah. Recommended Action: Issue Proclamation. Attachments: 1. 4a Proclamation - National Public Safety Telecommunicators Week 4.b. Proclamation Recognizing April as Fair Housing Month. Recommended Action: Issue Proclamation Attachments: 1. Proclamation 4.c. Proclamation Recognizing April as Arts, Creativity, and Culture Month. Recommended Action: Issue proclamation. Attachments: 1. 4b Proclamation - Arts Creativity Month Page 1 of 157 Page 2 of 4 4.d. Presentation from the Library Advisory Board. Recommended Action: Receive Presentation. Attachments: 1. Library Advisory Board Topics 5. PETITIONS AND COMMUNICATIONS 6. APPROVAL OF MINUTES 6.a. Approval of the Minutes for the March 20, 2024, Special Meeting. Recommended Action: Approve the minutes for the March 20, 2024, special meeting. Attachments: 1. 6a 2024-03-20 Draft Minutes - Special Meeting 6.b. Approval of the Minutes for the March 20, 2024, Regular Meeting. Recommended Action: Approve the minutes for the March 20, 2024, regular meeting. Attachments: 1. 6b 2024-03-20 Draft Minutes - Regular Meeting 6.c. Approval of the Minutes for the March 25, 2024, Special Meeting. Recommended Action: Approve the minutes for the March 25, 2024, special meeting. Attachments: 1. 6c 2024-03-25 Draft Minutes - Special Closed Session 7. RIGHT TO APPEAL DECISION Persons who are dissatisfied with a decision of the City Council may have the right to a review of that decision by a court. The City has adopted Section 1094.6 of the California Code of Civil Procedure, which generally limits to ninety days (90) the time within which the decision of the City Boards and Agencies may be judicially challenged. 8. CONSENT CALENDAR The following items listed are considered routine and will be enacted by a single motion and roll call vote by the City Council. Items may be removed from the Consent Calendar upon request of a Councilmember or a citizen in which event the item will be considered at the completion of all other items on the agenda. The motion by the City Council on the Consent Calendar will approve and make findings in accordance with Administrative Staff and/or Planning Commission recommendations. 8.a. Adoption of Resolution Making Appointments to the 2024 Measure P Oversight Committee. Recommended Action: Adopt resolution making appointments to the 2024 Measure P Oversight Committee. Attachments: 1. Proposed Resolution 8.b. Notification to City Council of Contract 2324-171 with Coastal Mountain Electric for the State Street Overhead to Underground Electrical Conversions, in the Amount of $59,995.00. Recommended Action: Receive notification of Contract 2324-171 with Coastal Mountain Electric for the State Street overhead to underground electrical conversions, in the amount of $59,995.00. Attachments: 1. Streetscape Phase II Services SOW and Dwgs 2. Staggs Proposal Streetscape Phase 2 Service Conversions 3. Coastal Mtn Proposal Streetscape Phase 2 Service Conversion 8.c. Adoption of Resolution Modifying the Diversity and Equity Standing Committee. Recommended Action: Adopt Resolution modifying the Diversity and Equity Standing Committee. Attachments: Page 2 of 157 Page 3 of 4 1. Resolution 2020-59 2. Resolution 2024 Modifying Diversity and Equity Committee 8.d. Report to City Council on the Annual Equity Report. Recommended Action: Receive report. Attachments: 1. 2023 Equity Report 8.e. Consider Adoption of Resolution Authorizing Submittal of an Application to the California Department of Housing and Community Development for Funding under the HOME Investment Partnerships Program; and if Selected, the Execution of a Standard Agreement, Any Amendments Thereto, and of Any Related Documents Necessary to Participate in the HOME Investment Partnerships Program, as well as Authorization of the Corresponding Budget Amendments. Recommended Action: Adopt resolution authorizing submittal of an application from the City of Ukiah for $5,150,000 in HOME Investment Partnerships Program funds for a Rental Rehabilitation Project; and if selected, authorize the City Manager to execute the standard agreement, any amendments thereto, and any related documents necessary; and authorize the corresponding budget amendments if awarded the grant. Attachments: 1. HOME-2022-2023-NOFA 2. HOME-Income-Limits-2023 3. Resolution 9. AUDIENCE COMMENTS ON NON-AGENDA ITEMS The City Council welcomes input from the audience. If there is a matter of business on the agenda that you are interested in, you may address the Council when this matter is considered. If you wish to speak on a matter that is not on this agenda that is within the subject matter jurisdiction of the City Council, you may do so at this time. In order for everyone to be heard, please limit your comments to three (3) minutes per person and not more than ten (10) minutes per subject. The Brown Act regulations do not allow action to be taken on audience comments in which the subject is not listed on the agenda. 10. COUNCIL REPORTS 11. CITY MANAGER/CITY CLERK REPORTS 12. PUBLIC HEARINGS (6:15 PM) 13. UNFINISHED BUSINESS 13.a. Review of Application Received, and Possible Adoption of Resolution Appointing Angie Grainger to the City of Ukiah Planning Commission. Recommended Action: 1) Review, possibly interview applicant, and if necessary discuss application received; 2) adopt resolution appointing Angie Grainer to the Planning Commission. Attachments: 1. Application - Angie Grainger 2. Proposed Resolution 14. NEW BUSINESS 14.a. 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). Recommended Action: Receive report(s). The Council will consider modifications to committee and ad hoc assignments along with the creation/elimination ad hoc(s). Page 3 of 157 Page 4 of 4 Attachments: 1. 2024 City Council Special Assignments and Ad Hocs 15. CLOSED SESSION - CLOSED SESSION MAY BE HELD AT ANY TIME DURING THE MEETING 15.a. Conference with Legal Counsel – Initiation of Litigation (Government Code Section 54956.9(d)(4)) Initiation of litigation (3 cases) 15.b. Conference with Legal Counsel – Existing Litigation (Government Code Section 54956.9) Name of case: Ukiah v. Questex, Mendocino County Superior Court Case No. 15-66036 15.c. Conference with Real Property Negotiators (Cal. Gov't Code Section 54956.8) Property: APN Nos: 180-110-12; 180-120-15; 180-120-16 Negotiator: Shannon Riley, Deputy City Manager Negotiating Parties: GMB Realty Partners, Inc. Under Negotiation: Price & Terms of Payment 15.d. Conference with Real Property Negotiators (Cal. Gov't Code Section 54956.8) Property: APN Nos: 003-230-03-00 Negotiator: Sage Sangiacomo, City Manager Negotiating Parties: Mark and Jann Lanz Under Negotiation: Price & Terms of Payment 15.e. Public Employee Appointment (Government Code Section 54957) Title: (City Appointment to City Civil Service Commission) 15.f. Conference with Labor Negotiator (54957.6) Agency Representative: Sage Sangiacomo, City Manager Employee Organizations: All Bargaining Units 16. ADJOURNMENT Please be advised that the City needs to be notified 72 hours in advance of a meeting if any specific accommodations or interpreter services are needed in order for you to attend. The City complies with ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon request. Materials related to an item on this Agenda submitted to the City Council after distribution of the agenda packet are available for public inspection at the front counter at the Ukiah Civic Center, 300 Seminary Avenue, Ukiah, CA 95482, during normal business hours, Monday through Friday, 8:00 am to 5:00 pm. Any handouts or presentation materials from the public must be submitted to the clerk 48 hours in advance of the meeting; for handouts, please include 10 copies. I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the bulletin board at the main entrance of the City of Ukiah City Hall, located at 300 Seminary Avenue, Ukiah, California, not less than 72 hours prior to the meeting set forth on this agenda. Kristine Lawler, CMC/CPMC Dated: 3/29/24 Page 4 of 157 Page 1 of 2 Agenda Item No: 4.a. MEETING DATE/TIME: 4/3/2024 ITEM NO: 2024-1601 AGENDA SUMMARY REPORT SUBJECT: Proclamation Recognizing April 14th – 20th as National Public Safety Telecommunicators Week in the City of Ukiah. DEPARTMENT: Police PREPARED BY: Cedric Crook, Police Chief PRESENTER: Mayor Josefina Dueñas ATTACHMENTS: 1. 4a Proclamation - National Public Safety Telecommunicators Week Summary: The City Council will consider issuing a proclamation recognizing April 14th through the 20th as National Public Safety Telecommunicators Week in the City of Ukiah. Background: The idea of a week to celebrate Public Safety Dispatchers originated in 1981 with the Contra Costa County Sheriff’s Office. National Public Safety Telecommunicators Week was signed into law in 1994, and is now celebrated annually during the second full week of April to thank those who dedicate their lives to serving the public. Discussion: Across the nation, in times of intense personal crisis and community-wide disasters, the first access point for those seeking all classes of emergency services is 9-1-1. The emergency communications centers and public safety dispatchers that receive these calls have emerged as the first and single point of contact for persons seeking immediate relief during an emergency. Public safety dispatching requires a unique skill set, and dedicated professionals who are prepared to handle any variety of emergency situations at any time. These public safety professionals are dedicated to helping citizens when they need it most and are the vital link between law enforcement and emergency response personnel. It is important to express gratitude to the hard-working, essential staff that help keep our communities safe. Ukiah Police Department's Public Safety Dispatchers respond to emergency calls, dispatch emergency professionals and equipment, and render lifesaving assistance to the citizens of Ukiah and Mendocino County 24 hours a day, seven days a week for the City of Ukiah and the City of Fort Bragg Police Departments. In 2023, Ukiah Police Dispatchers received over 71,400 telephone calls from members of the community seeking assistance. 14,732 of those phone calls were 9-1-1 calls for assistance. In the year 2020, emergency dispatchers were also officially recognized as “First Responders” by the State of California, just like their partner police officers, firefighters and EMS workers. The City of Ukiah has arranged for the exterior of the City of Ukiah Civic Center to be accented in gold lighting throughout the week in commemoration of Public Safety Telecommunicators Week. The color gold has long been associated with public safety dispatchers, who are known as “the calm voice in the dark, the heroes behind the scenes, the Golden Link that holds it all together”. The proclamation recognizing April 14th through the 20th as National Public Safety Telecommunicators Week in Ukiah, is attached. Page 5 of 157 Page 2 of 2 Recommended Action: Issue Proclamation. 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: Kristine Lawler (City Clerk), Marla Swan (Dispatch/Records Supervisor) DIVERSITY-EQUITY INITIATIVES (DEI): CLIMATE INITIATIVES (CI): GENERAL PLAN ELEMENTS (GP): Page 6 of 157 National Public Safety Telecommunicators Week April 14 - 20, 2024 Whereas, the National Public Safety Telecommunicators Week was signed into law in 1994, and is now celebrated annually during the second full week of April to thank those who dedicate their lives to serving the public; and Whereas, across the nation, in times of intense personal crisis and community-wide disasters, the first access point for those seeking all classes of emergency services is 9-1-1; and Whereas, the emergency communications centers and public safety dispatchers that receive these calls have emerged as the first and single point of contact for persons seeking immediate relief during an emergency; and Whereas, public safety dispatching requires a unique skill set, and dedicated professionals prepared to handle any variety of emergency situations at any time; and Whereas, these public safety professionals are dedicated to helping citizens when they need it most and are the vital link between law enforcement and emergency response personnel; and Whereas, Ukiah Police Department’s Public Safety Dispatchers respond to emergency calls, dispatch emergency professionals and equipment, and render lifesaving assistance to the citizens of Ukiah and Mendocino County 24 hours a day, seven days a week; and Whereas, in 2023, Ukiah Police Dispatchers received over 71,000 telephone calls from members of the community seeking assistance; and Whereas, 9-1-1 dispatchers are officially recognized by the State of California as “First Responders” just like their partner police officers, firefighters, and EMS workers; and Whereas, the City of Ukiah Building Maintenance Department has arranged for the exterior of the City of Ukiah Civic Center to be accented in gold lighting throughout the week in commemoration of National Public Safety Telecommunicators Week; and Whereas, the color gold has been long associated with public safety dispatchers, who are known as “the calm voice in the dark, the heroes behind the scenes, the Golden Link that holds it all together.” Therefore be it resolved, that the City Council of the City of Ukiah hereby proclaims the week of April 14 through 20, 2024, as; National Public Safety Telecommunicators Week in the City of Ukiah: Signed and sealed, this 3rd day of April in the year Two Thousand and Twenty-Four. ____________________________ Josefina Dueñas, Mayor ATTACHMENT 1 Page 7 of 157 Page 1 of 1 Agenda Item No: 4.b. MEETING DATE/TIME: 4/3/2024 ITEM NO: 2024-1687 AGENDA SUMMARY REPORT SUBJECT: Proclamation Recognizing April as Fair Housing Month. DEPARTMENT: City Clerk PREPARED BY: Kristine Lawler, City Clerk PRESENTER: Mayor Duenas ATTACHMENTS: 1. Proclamation Summary: Council will issue a proclamation to recognize April as Fair Housing Month. Background: April is National Fair Housing Month! Every April, the passage of the Fair Housing Act, the landmark civil rights law signed by President Lyndon B. Johnson on April 11, 1968, that made discrimination in housing transactions unlawful, is recognized and commemorated. Fair Housing Month signifies a re- commitment to advancing equitable opportunities and expanding homeownership. Discussion: Council will issue a proclamation recognizing Fair Housing Month. Recommended Action: Issue Proclamation 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: N/A DIVERSITY-EQUITY INITIATIVES (DEI): Goal 4 – Identify and actively engage underrepresented communities in which to retain, expand, develop, and implement programs. CLIMATE INITIATIVES (CI): N/A GENERAL PLAN ELEMENTS (GP): N/A Page 8 of 157 April 2024 as “Fair Housing Month” in the City of Ukiah Whereas, the Fair Housing Act, enacted on April 11, 1968, enshrined into federal law the goal of eliminating racial segregation and ending housing discrimination in the United States; and Whereas, the Fair Housing Act prohibits discrimination in housing based on race, color, religion, sex, familial status, national origin, and disability, and commits recipients of federal funding to affirmatively further fair housing in their communities; and Whereas, the City of Ukiah is committed to the mission and intent of Congress to provide fair and equal housing opportunities for all; and Whereas, our social fabric, the economy, health, and environment are strengthened in diverse, inclusive communities; and Whereas, more than fifty years after the passage of the Fair Housing Act, discrimination persists, and many communities remain segregated; and Whereas, acts of housing discrimination and barriers to equal housing opportunity are repugnant to a common sense of decency and fairness. Therefore be it resolved, that as an inclusive community committed to fair housing, and to promoting appropriate activities by private and public entities to provide and advocate for equal housing opportunities for all residents and prospective residents, the City Council of the City of Ukiah, hereby proclaims the month of April, 2024 as Fair Housing Month in the City of Ukiah Signed and sealed, this 3rd day of April in the year Two Thousand and Twenty-Four. ____________________________ Josefina Dueñas, Mayor ATTACHMENT 1 Page 9 of 157 Page 1 of 2 Agenda Item No: 4.c. MEETING DATE/TIME: 4/3/2024 ITEM NO: 2024-1669 AGENDA SUMMARY REPORT SUBJECT: Proclamation Recognizing April as Arts, Creativity, and Culture Month. DEPARTMENT: Community Services PREPARED BY: Neil Davis, Community Services Director PRESENTER: Mayor Duenas ATTACHMENTS: 1. 4b Proclamation - Arts Creativity Month Summary: In 2019, Arts, Culture and Creativity Month was declared by the California Senate in a concurrent resolution to be every April in California to recognize and celebrate the significant impact the arts have in California. Activities occur throughout the state including city and county proclamations, op-eds, special events, performances, round tables and more. The goal of this month-long campaign is to elevate public awareness of the value of the arts and the collective impact the arts bring to our communities and state. Background: Public art is one of the most commonly addressed areas in the Arts, Culture, and Creativity arena (The Arts). This is due to the combination of the need to engage the public in decision making, and the well documented health, economic, and quality of life benefits to public art. However, the benefits of creativity in all its forms goes beyond the scope of what is often thought of as “public art.” Art and creativity in the community can be found in private, retail, or public locations. It can involve non-profit or for-profit enterprises. It crosses all manner of expression, from murals, to literature, music, the spoken word, historical presentations, and much more. Communities with a strong, forward-facing commitment to The Arts attract tourists, new businesses, young families, and artists. Nationally, the nonprofit and for-profit Arts is a $730 billion industry that directly employs 4.8 million arts workers. More than two-thirds of American adult travelers say they included a cultural, arts, heritage, or historic activity or event in the past year and 32% of these travelers added extra time to their trip because of a cultural, arts, heritage, or historic activity or event. The City of Ukiah directly or indirectly hosts a wide variety of artistic endeavors, including the Sundays in the Park concert series, the School for Performing Arts and Cultural Events (SPACE), the Ukiah Haiku Festival, the Grace Hudson Museum, Pastels in the Plaza, the buskers playing music on the street during First Friday Art Walks, and more. Additionally, in 2021, the City joined the National Mayor's Monarch Pledge Program, leading to the commissioning of a Monarch Mural to be painted at Alex Thomas Plaza. Outstanding examples of public art can also be seen in nearby communities, like the sculpture garden in Geyserville, Fort Bragg's renowned Alleyway Art Program, and the sculptures that line Cloverdale’s downtown. Discussion: In an effort to facilitate the development of more public art locally, the City of Ukiah adopted an art in public places policy in 2016. Staff is now starting work on a public art master plan and exploring the possibilities of a utility box art project. Multiple murals have been added to the downtown in the last few years, most notably Danza Davis' Monarch Butterfly mural at Alex Thomas Plaza. Page 10 of 157 Page 2 of 2 With the attached proclamation (Attachment 1), the City of Ukiah reaffirms its commitment to and appreciation for the Arts. Recommended Action: Issue proclamation. 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: N/A DIVERSITY-EQUITY INITIATIVES (DEI):N/A CLIMATE INITIATIVES (CI):N/A GENERAL PLAN ELEMENTS (GP):N/A Page 11 of 157 April as Arts, Creativity, and Culture Month in the City of Ukiah Whereas, the availability of Arts, Creative Endeavors, and Culture embody much of the accumulated wisdom, intellect, and imagination of humankind; and Whereas, the availability of Arts, Creative Endeavors, and Culture enhance and enrich the lives of every American and play a unique role in the lives of our families, our communities, and our country; and Whereas, the unique manner in which the residents of the City of Ukiah express themselves through the arts is of interest and attracts visitors to our community; and Whereas, two-thirds of American adult travelers say they included a cultural, arts, heritage, or historic activity or event, in the past year; and Whereas, 32% of these travelers added extra time to their trip because of a cultural, arts, heritage, or historic activity or event; and Whereas, Industries that are planning relocation or expansion place great emphasis on a healthy cultural climate; and Whereas, nationally the nonprofit and for-profit arts is a $730 billion industry that directly employs 4.8 million arts workers; and Whereas, studies show that innovation and creativity are key components to a prosperous future California economy; and Whereas, Arts, Creative Endeavors and Culture contribute towards cross-cultural understanding, and enhance our quality of life; and Whereas, in 2019, Arts, Culture and Creativity Month was declared by the California Senate in a concurrent resolution to be every April in California to recognize and celebrate the significant impact the arts have in California. Therefore be it resolved, that the Month of April be recognized as: Arts Culture and Creativity Month in the City of Ukiah Signed and sealed, this 3rd day of April in the year Two Thousand and Twenty-Four. ____________________________ Josefina Dueñas, Mayor ATTACHMENT 1 Page 12 of 157 Page 1 of 1 Agenda Item No: 4.d. MEETING DATE/TIME: 4/3/2024 ITEM NO: 2024-1671 AGENDA SUMMARY REPORT SUBJECT: Presentation from the Library Advisory Board. DEPARTMENT: City Clerk PREPARED BY: Kristine Lawler, City Clerk PRESENTER: Councilmember Sher and Michele Bisson, Library Advisory Board Chair. ATTACHMENTS: 1. Library Advisory Board Topics Summary: The City Council will received a presentation from the Library Advisory Board. Background: At the March 20, 2024, City Council meeting, Councilmember Sher expressed that the Library Advisory Board would like to give a presentation to the Council. Council gave a consensus to schedule the presentation at their next meeting. The City of Ukiah does not manage the library; however, the City owns the building that the Ukiah Library resides in and "rents" it to the County for $1 per year. Discussion: Michele Bisson, the Library Advisory Board Chair, will give a presentation to Council covering the topics listed in Attachment 1. Recommended Action: Receive Presentation. 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: Councilmember Sher and Michel Bisson, Library Advisory Board. DIVERSITY-EQUITY INITIATIVES (DEI): Goal 4 – Identify and actively engage underrepresented communities in which to retain, expand, develop, and implement programs. CLIMATE INITIATIVES (CI):N/A GENERAL PLAN ELEMENTS (GP):N/A Page 13 of 157 Ukiah Friends of the Library and the Library Advisory Board IntroducƟon: Michele Bisson Savoy, Chair Library Advisory Board. Background: Michele spent her professional career in the book publishing industry. She was the President of Bookbuilder’s West, and received their DisƟnguished Service Award in 2005. She was the President of the Professional Publishers Network. Michele serves on the board for the Ukiah Valley Friends of the Library. She was the President of the FOL for many years. She stepped down to become the Chair of the Library Advisory Board (the LAB works with the Library District and the County). Measure O was passed in 2022. Effec Ɵvely funding the libraries in the county into the future and seƫng aside money for capital improvements. LAB report - Future projects for the library buildings: Willits, repair/replace the leaking roof. Matching grant funds approx. $250,000. Expand the Ft. Bragg library, matching grant funds will be needed approx. $1,000,000. Feasibility Study for Ukiah Library expansion $100,000. County Library StaƟsƟcs: Total checkouts 587,545; Physical checkouts 424,614; Digital checkouts 152,931; Visitors 287,200; Program AƩendance 34,244. Seed packets checked out 10,587. Seven Libraries in the District: Ukiah, Willits, Ft. Bragg, Coast Community, Covelo, Laytonville, plus the Bookmobile. The Bookmobile goes to the 24 locaƟons in the County. Friends of the Ukiah Valley Library – See calendar - 49 programs in February. All programs are sponsored by the Friends of the Library. The FOL pays for all materials or fees associated with a program. Monthly book sales (and on-going book sale shelf) generate about half of the budget with the balance coming from fundraisers and donaƟons. Upcoming project and fundraisers. The Ukiah Valley Library Working Group is in the process of having a mural painted on the library, funded by the FOL. ArƟst proposals are due by the end of this week. The image should be selected by the end of April. Mural locaƟon is to the leŌ of the library entrance. Budget approx. $5,000. Grant request has been submiƩed to the Community FoundaƟon. Fundraiser with the Ukiah Player Theatre. April 20th Through the Looking Glass play (Alice in Wonderland themed). $35.00 for Adults, $15.00 for children ages 12 and under includes, a sandwich, chips, beverage of choice (coffee or wine) and dessert. June – Ukiah Co-o, the FOL will be the beneficiary of their month-long cash register round-up. Feasibility Study for library expansion pending approval (fiscal year 2025). The Needs Assessment concluded that the current library at 14,000 sq. Ō. is too small to serve the needs of the community. The library should be about 20,000 sq. Ō. Approx. $100,000. (possible new roof $80,000). Visitors to Ukiah library 450 per day (on average) or 137,700 in a year. Are you currently a member of the FOL? If not, please consider joining. Thinking about your will or trust? The FOL is starƟng an endowment for the future library expansion project. We’ll take good care of the money and put it to good use for the community. ATTACHMENT 1 Page 14 of 157 AGENDA ITEM 6a Page 1 of 2 CITY OF UKIAH CITY COUNCIL MINUTES Special Meeting Virtual Meeting Link: https://us06web.zoom.us/j/97199426600 Ukiah, CA 95482 March 20, 2024 4:00 p.m. 1. ROLL CALL AND PLEDGE OF ALLEGIANCE Ukiah City Council met at a Special Meeting on March 20, 2024, having been legally noticed on March 15, 2024. The meeting was held in person and virtually at the following link: https://us06web.zoom.us/j/97199426600. Mayor Dueñas called the meeting to order at 4:03 p.m. Roll was taken with the following Councilmembers Present: Mari Rodin, Juan V. Orozco, Susan Sher, Douglas, F. Crane, and Josefina Dueňas. Staff Present: Sage Sangiacomo, City Manager; and Kristine Lawler, City Clerk. MAYOR DUEŇAS PRESIDING. The Pledge of Allegiance was led by Councilmember Sher. 2. AUDIENCE COMMENTS ON NON-AGENDA ITEMS Clerk noted that no public was present. 3. BUDGET WORKSHOP a. Mid-Year Departmental Budget and Objectives Progress Review for Fiscal Year 2023-25, Review of Draft Objectives, and Review of Individual Departmental Five-Year Capital Improvement Plan Updates for Fiscal Year 2024-25. Presenter: Dan Buffalo, Finance Director and Department Directors. City Manager’s Office: Overview and City Council – Sage Sangiacomo, City Manager (4:06 p.m.) City Manager’s Office – Shannon Riley, Deputy City Manager (4:10 p.m.) City-Wide Admin – Shannon Riley, Deputy City Manager (4:11 p.m.) Community Outreach – Shannon Riley, Deputy City Manager (4:12 p.m.) City Clerk – Kristine Lawler, City Clerk (4:13 p.m.) Economic Development – Shannon Riley, Deputy City Manager (4:16 p.m.) Emergency Management – Traci Boyl, City Manager’s Office Senior Analyst (4:19 p.m.) Successor Agency to the Ukiah Redevelopment Agency – Sage Sangiacomo, City Manager (4:28 p.m.) Climate Adaptation and Resilience – Traci Boyl, City Manager’s Office Senior Analyst (4:29 p.m.) City Attorney – Shannon Riley, Deputy City Manager (4:31 p.m.) Capital Improvement Projects (CIP) – Shannon Riley, Deputy City Manager (4:31 p.m.) Community Development: Overview – Craig Schlatter, Community Development Director (4:32 p.m.) Planning Services – Jesse Davis, Chief Planning Manager (4:34 p.m.) Building Services, Code Enforcement/Compliance, and Fire Prevention, and Business Licenses – Matt Keizer, Chief Building Official (4:50 p.m.) Housing Services and Grants Management – Jim Robbins, Grants Manager (5:03 p.m.) Page 15 of 157 City Council Minutes for March 20, 2022, Continued: Page 2 of 2 Electric Utility: Electric Administration – Cindy Sauers, Electric Utility Director (5:14 p.m.) Electric Distribution – Cindy Sauers, Electric Utility Director (5:29 p.m.) Electric Technical Services – Cindy Sauers, Electric Utility Director (5:32 p.m.) Capital Improvement Projects – Cindy Sauers, Electric Utility Director (5:35 p.m.) 4. ADJOURNMENT There being no further business, the meeting adjourned at 5:39 p.m. ________________________________ Kristine Lawler, CMC/CPMC Page 16 of 157 AGENDA ITEM 6b Page 1 of 5 CITY OF UKIAH CITY COUNCIL MINUTES Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue, Ukiah, CA 95482 Virtual Meeting Link: https://us06web.zoom.us/j/97199426600 Ukiah, CA 95482 March 20, 2024 6:00 p.m. 1. ROLL CALL Ukiah City Council met at a Regular Meeting on March 20, 2024, having been legally noticed on March 15, 2024. The meeting was held in person and virtually at the following link: https://us06web.zoom.us/j/97199426600. Mayor Dueñas called the meeting to order at 6:01 p.m. Roll was taken with the following Councilmembers Present: Mari Rodin, Juan V. Orozco, Susan Sher, Douglas, F. Crane, and Josefina Dueňas. Staff Present: Shannon Riley, Deputy City Manager; David Rapport, City Attorney; and Kristine Lawler, City Clerk. MAYOR DUEÑAS PRESIDING. 2.PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilmember Sher. 3. AB 2449 NOTIFICATIONS AND CONSIDERATIONS 4.PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS a. Proclamation Recognizing Monday, April 22nd as Earth Day and the City of Ukiah's Commitment to Protecting and Promoting Biodiversity in the City. Presenter: Councilmember Rodin. Proclamation was received by Erich Sommers. b. Proclamation Recognizing March 2024 as "Red Cross Month" in the City of Ukiah. Presenter: Vice Mayor Crane. Proclamation was received by Duell Parks, Laura Baynham, Amanda Collins, Dawn Kennedy, and Dreya Braverman with American Red Cross. a.Receive Presentation of Exceptional Employee Recognition Awards. Presenters: Sage Sangiacomo, City Manager; Dan Buffalo, Finance Director; Neil Davis, Community Services; Cindy Sauers, Electric Utililty; and Mayor Dueñas. James Brown, IT Network Specialist, IT Department: James Brown is being nominated for his dedication to teamwork, innovation, and service. He has gone out of his way to help the Museum get new internet service. James worked for months to make it happen, and after Starlink dish was installed, he spent hours over the course of several days getting it up and going, even staying late into the night, so the Museum would not be without internet the next day. He even did a lot of physical labor with cords to make it happen. Modified 4-3-24 Page 17 of 157 City Council Minutes for March 20, 2024, Continued: Page 2 of 5 Daniel Davis, IT Network Specialist, IT Department: Daniel Davis is being nominated for his service, teamwork, professionalism, and innovation. Since Daniel started with the IT Department, he has been observed going out of his way to help the Museum with all of its IT needs, including advocating to get a new internet service to improve productivity. Additionally, Daniel seems to be pushing for changes within his own department, such as encouraging new security measures. Daniel is always kind and professional, and answers questions quickly. Robert Ricetti, Park Service Worker, Parks Department: During the Holiday Season, Bobby took on the task of decorating the city’s downtown holiday tree. Bobby secured permission from his supervisor to spend extra time on the project and devised a plan that was affordable and efficient. He secured all the necessary materials and supplies, including gaining access to a bucket truck that provided access to the top of the tree. Thanks to his creativity, hard work, and willingness to go the extra mile, the city’s downtown holiday tree looked better than ever, spreading joy to all who passed for over a month. Scott Bozzoli, Electrical Engineering Tech III, Electric Utility Department: During any construction project, there are often unexpected events that impact our customers. There were two such events that negatively impacted our customers during the Wildfire Mitigation Undergrounding Project. Scott, not wanting anyone to be inconvenienced, went above and beyond to mitigate negative impacts to our customers. A road closure impacted garbage service to several customers. Scott, who did not want these customers to have to wait an additional week to receive service, emptied every customer's garbage into his vehicle and took the garbage to the transfer station. He paid for it himself. In another instance, Scott became aware that a customer was in need of some wood. He delivered a load of wood to her from his own personal woodpile. These acts of kindness build community and give our customers a picture of how much we value them. 5.PETITIONS AND COMMUNICATIONS City Clerk, Kristine Lawler, stated that all communications received after those distributed would be added to the record. 6.APPROVAL OF MINUTES a. Approval of the Minutes for the March 6, 2024, Regular Meeting. Motion/Second: Crane/Sher to approve the Regular Meeting Minutes of March 6, 2024, as submitted. Motion carried by the following roll call votes: AYES: Rodin, Orozco, Sher, Crane, and Dueňas. NOES: None. ABSENT: None. ABSTAIN: None. 7. RIGHT TO APPEAL DECISION 8. CONSENT CALENDAR a. Report of Disbursements for the Month of February 2024 - Finance. b.Consider Adoption of Resolution (2024-07) Authorizing Submittal of an Application to the California Department of Housing and Community Development for Funding under the HOME Investment Partnerships Program; and if Selected, the Execution of a Standard Agreement (2324-176), Any Amendments Thereto, and of Any Related Documents Necessary to Participate in the HOME Investment Partnerships Program, as well as Authorization of the Corresponding Budget Amendments – Community Development. c.Receive Annual Report from the Community Development Department Regarding Tobacco Retailer and Nitrous Oxide Inspections – Community Development. Page 18 of 157 City Council Minutes for March 20, 2024, Continued: Page 3 of 5 d. Approval of Proposal (2324-178) from SMB Environmental, Inc. for California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) Compliance for Development of an Additional Municipal Well – Water Resources. e. Approval of a Budget Amendment in the Amount of $18,000, for FAA Grant 20 Runway 15-33 Pavement Rehabilitation Phase 2: Obstruction Survey for PAPI Certification - Airport. f. Approval of Additional Dues to the Ukiah Valley Basin Groundwater Sustainability Agency in the Amount of $30,000, and Approve Corresponding Budget Amendment – Water Resources. Greg Owen, Airport Manager addressed questions regarding Agenda Item 8e. Public Comment: Trudy Ramos – Agenda Item 8b. Motion/Second: Crane/Rodin to approve Consent Calendar Items 7a-f, as submitted. Motion carried by the following roll call votes: AYES: Rodin, Orozco, Sher, Crane, and Dueňas. NOES: None. ABSENT: None. ABSTAIN: None. 9. AUDIENCE COMMENTS ON NON-AGENDA ITEMS Public Comment: [zoom caller #1*] – Diversity, Inclusion, Equity (Clerk inadvertently muted mic due to technical difficulties); [zoom caller #2*] – European Heritage Month (Clerk inadvertently muted mic due to continued technical difficulties); (unidentified individual - removed for disruptive behavior); (unidentified individual – removed for disturbing and disrespectful behavior); (unidentified individual –removed for disturbing and disrespectful behavior); (unidentified individual – removed for disturbing and disrespectful behavior). RECESS: 6:50 – 7:07 P.M. to address technical difficulties. Continued Public Comment: Daphne McNeil – utility billing; [zoom caller #3*] – free speech (removed for disruptive and disrespectful behavior); [zoom caller #4*] – U.S.S. Liberty; [zoom caller #5*] – free speech (removed for disrespectful behavior); [zoom caller #6*] – ceasefire resolution (deferred to the agendized item and removed for disrespectful behavior); [zoom caller #7*] – Holocaust deprogramming course; Rayna Matthews – Zoom call process; [zoom caller #8*] – free speech (removed for threatening and disrespectful behavior). *Note – The names used by the zoom callers were incorrect aliases; as the real names are unknown, they are being assigned numbers. 10. COUNCIL REPORTS Presenters: Councilmember Sher and Councilmember Orozco. Council Consensus to schedule a presentation for the Library Advisory Board on the next meeting. 11. CITY MANAGER/CITY CLERK REPORTS City Manager Sangiacomo stated that the construction report would be deferred to the regular construction updates emailed out by the Deputy City Manager. (unidentified speaker online – removed for disruptive behavior) 12. PUBLIC HEARINGS (6:15 PM) Page 19 of 157 City Council Minutes for March 20, 2024, Continued: Page 4 of 5 13. UNFINISHED BUSINESS a. Discussion and Possible Adoption of a Resolution Regarding an Israeli-Palestinian Ceasefire. Presenters: Mayor and Councilmembers. Public Comment: (unidentified individual), Jordan Uggla, Megan Wolf, Larry (surname inaudible), Shai Schnall, Alyson Sagala, James Coonley, Lucille Shakman, Jeffrey Blankfort, Linda Gray, Annie Esposito, Mariah Gilardin, Helen Duffy, Pinky Kushner, Kathleen Coonley, Katherine Flink, Eleanor Trouette, James Scherf, Rayna Matthews, Kendal Blum, Wilder Herbertson, James Connerton, Kate Marionchild, Norm Rosen, Robert Gitlin, Ross Lake, Robert Joseph, Brenda Stacy, Debbie Beck, Ruth Van Antwerp, Linda Helland, Randy Patterson, Andy Coren, Fred Leuchter, Rabbi Yeshowitz, and Dennis. Motion/Second: Crane/Rodin to table the item. Motion carried by the following roll call votes: AYES: Rodin, Crane, and Dueňas. NOES: Orozco, Sher. ABSENT: None. ABSTAIN: None. RECESS 9:52 – 10:03 P.M. b. Receive 2023 Annual Report on General Code Enforcement Activities and Provide Direction to Staff as Necessary. Presenters: Sean Connell, Code Enforcement Inspector; Matt Keizer, Chief Building Official/Code Enforcement Official. Report was received. c. Receive Presentation of 2022 Greenhouse Gas Emissions Inventory Report; and Possibly Approve the Reported Greenhouse Gas Emissions within the Report as the Baseline for Preparation of the City's Municipal Climate Action Plan. Presenter: Craig Schlatter, Community Development Director. City Manager Sangiacomo noted that Ellen Sizemore (public member) expressed support for this item, but had to leave early. Motion/Second: Rodin/Crane to approve that the greenhouse gas emissions within the 2022 report be used as the baseline for preparation of the City's municipal climate action plan. Motion carried by the following roll call votes: AYES: Rodin, Orozco, Sher, Crane, and Dueňas. NOES: None. ABSENT: None. ABSTAIN: None. d. Consideration of Approval of Scope of Work for Advance Planning Environmental Subconsultant Rincon to Prepare the City of Ukiah Climate Action Plan; and Approval of a Contract Amendment with Mintier Harnish and Corresponding Budget Amendment. Presenters: Craig Schlatter, Community Development Director; Traci Boyl, Senior Management Analyst. Motion/Second: Crane/Rodin to approve a scope of work for advance planning environmental subconsultant Rincon to prepare the City of Ukiah Action Plan; and approve a contract amendment (1819-190-A6) with Mintier Harnish and corresponding budget amendment for completion of this work. Motion carried by the following roll call votes: AYES: Rodin, Orozco, Sher, Crane, and Dueňas. NOES: None. ABSENT: None. ABSTAIN: None. Page 20 of 157 City Council Minutes for March 20, 2024, Continued: Page 5 of 5 14. NEW BUSINESS a. 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). No reports were received. 15. CLOSED SESSION a. Conference with Legal Counsel – Anticipated Litigation (Government Code Section 54956.9(d)(4)) Initiation of litigation (2 cases) b. Conference with Legal Counsel – Existing Litigation (Government Code Section 54956.9) Name of case: Ukiah v. Questex, Mendocino County Superior Court Case No. 15-66036 c. Conference with Real Property Negotiators (Cal. Gov't Code Section 54956.8) Property: APN Nos: 180-110-07 Negotiator: Shannon Riley, Deputy City Manager Negotiating Parties: GMB Realty Partners, Inc. Under Negotiation: Price & Terms of Payment d.Conference with Real Property Negotiators (Cal. Gov't Code Section 54956.8) Property: APN Nos: 003-230-03-00 Negotiator: Sage Sangiacomo, City Manager Negotiating Parties: Jann Lanz Under Negotiation: Price & Terms of Payment e.Conference with Real Property Negotiators (Cal. Gov't Code Section 54956.8) Property: Mendocino County Document Number 1999-05298 Negotiator: Sage Sangiacomo, City Manager Negotiating Parties: Wardway Enterprises, LLC Under Negotiation: Price & Terms of Payment f.Public Employee Appointment (Government Code Section 54957) Title: (City Appointment to City Civil Service Commission) g. Conference with Labor Negotiator (54957.6) Agency Representative: Sage Sangiacomo, City Manager Employee Organizations: All Bargaining Units Closed Session was continued to a Special Meeting on Monday, March 25, 2024, at 4:00 p.m. 16. ADJOURNMENT There being no further business, the meeting adjourned at 10:27 p.m. ________________________________ Kristine Lawler, CMC/CPMC Page 21 of 157 AGENDA ITEM 6c Page 1 of 2 CITY OF UKIAH CITY COUNCIL MINUTES Special Meeting Virtual Meeting Link: https://us06web.zoom.us/j/97199426600 Ukiah, CA 95482 March 25, 2024 4:00 p.m. Corrected 4/3/24 1.ROLL CALL AND PLEDGE OF ALLEGIANCE Ukiah City Council met at a Special Meeting on March 25, 2024, having been legally noticed on March 22, 2024. The meeting was held in person and virtually at the following link: https://us06web.zoom.us/j/97199426600. Vice Mayor Crane called the meeting to order at 4:04 p.m. Roll was taken with the following Councilmembers Present: Mari Rodin, Juan V. Orozco, Susan Sher, and Douglas, F. Crane. Councilmember Absent: Josefina Dueňas. Staff Present: Sage Sangiacomo, City Manager; David Rapport, City Attorney; and Kristine Lawler, City Clerk. VICE MAYOR CRANE PRESIDING. The Pledge of Allegiance was led by Councilmember Orozco. 2. AUDIENCE COMMENTS ON NON-AGENDA ITEMS Clerk stated that no public was present. THE CITY COUNCIL ADJOURNED TO CLOSED SESSION AT 4:05 P.M. THE CITY COUNCIL RETURNED TO OPEN SESSION AT 5:52 P.M. 3. CLOSED SESSION a.Conference with Legal Counsel – Initiation of Litigation (Government Code Section 54956.9(d)(4)) Initiation of litigation (3 cases) b.Conference with Legal Counsel – Existing Litigation (Government Code Section 54956.9) Name of case: Ukiah v. Questex, Mendocino County Superior Court Case No. 15-66036 c.Conference with Real Property Negotiators (Cal. Gov't Code Section 54956.8) Property: APN Nos: 180-110-12; 180-120-15; 180-120-16 Negotiator: Shannon Riley, Deputy City Manager Negotiating Parties: GMB Realty Partners, Inc. Under Negotiation: Price & Terms of Payment d.Conference with Real Property Negotiators (Cal. Gov't Code Section 54956.8) Property: APN Nos: 003-230-03-00 Negotiator: Sage Sangiacomo, City Manager Negotiating Parties: Mark and Jann Lanz Under Negotiation: Price & Terms of Payment Page 22 of 157 City Council Minutes for March 25, 2024, Continued: Page 2 of 2 e.Conference with Real Property Negotiators (Cal. Gov't Code Section 54956.8) Property: Mendocino County Document Number 1999-05298 Negotiator: Sage Sangiacomo, City Manager Negotiating Parties: Wardway Enterprises, LLC Under Negotiation: Price & Terms of Payment f. Public Employee Appointment (Government Code Section 54957) Title: (City Appointment to City Civil Service Commission) g.Conference with Labor Negotiator (54957.6) Agency Representative: Sage Sangiacomo, City Manager Employee Organizations: All Bargaining Units City Attorney David Rapport reported that in relation to Agenda Item 3a, the City Council took action in Closed Session to authorize the initiation of an intervention pending proceedings; motion by Councilmember Rodin, seconded by Councilmember Orozco and carried by the following roll call votes: AYES: Rodin, Orozco, Sher, and Crane. NOES: None. ABSENT: Dueňas. ABSTAIN: None. 4. ADJOURNMENT There being no further business, the meeting adjourned at 5:53 p.m. ________________________________ Kristine Lawler, CMC/CPMC Page 23 of 157 Page 1 of 2 Agenda Item No: 8.a. MEETING DATE/TIME: 4/3/2024 ITEM NO: 2024-1612 AGENDA SUMMARY REPORT SUBJECT: Adoption of Resolution Making Appointments to the 2024 Measure P Oversight Committee. DEPARTMENT: City Clerk PREPARED BY: Kristine Lawler, City Clerk PRESENTER: Kristine Lawler, City Clerk ATTACHMENTS: 1. Proposed Resolution Summary: The City Council will consider adopting a resolution making appointments to a 2024 Measure P Oversight Committee. Background: In 2014, Council adopted Resolution 2014-28 that established an Oversight Committee for Oversight and periodic reports on the performance of the expenditure plan for public safety. Every two years, the City Council appoints five people to the Oversight Committee, whose function is to review the City’s budget for public safety services and the expenditure of the revenues that are budgeted. The City Manager provides the Oversight Committee with any information they request, which is not exempt from disclosure under the California Public Records Act, and assists them in organizing and analyzing the information provided. The Oversight Committee prepares a written report that is presented to the City Council at a noticed public hearing, and which is available to the general public not less than 10 calendar days prior to the scheduled hearing date. The report contains an analysis of the level and types of service provided by the City’s police and fire departments, or other arrangements approved by the City Council, and the revenues and expenditures of the designated funds or accounts. They also make recommendations concerning the future use of these funds and levels and types of services. Discussion: On February 21, 2024, Council was presented an item for the establishment of an Oversight Committee. At that time, Council gave direction to Staff to reach out to the Diversity and Equity Committee, the Chamber of Commerce (business community), and the Fire Safe Council to see if they each had a representative to fill the public positions on the Measure P Committee; and then to bring the item back to Council to make the appointments. The following representatives are being recommended for appointment to the 2024 Measure P Oversight Committee by way of Resolution (Attachment 1): NAME POSITION Scott Cratty Public Representative - Fire Safe Council Troyle Tognoli Public Representative - Diversity and Equity Committee Stephanie Duncan Public Representative - Business Community Max Brazill Ukiah City Peace Officer Page 24 of 157 Page 2 of 2 Tony Selvitella Ukiah City Firefighter Recommended Action: Adopt resolution making appointments to the 2024 Measure P Oversight Committee. 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: Cedric Crook, Police Chief and Traci Boyl, Senior Analyst DIVERSITY-EQUITY INITIATIVES (DEI): Goal 1 – Create and sustain a diverse, equitable, and inclusive workplace and workforce that reflects, values, and celebrates the diverse community we serve. CLIMATE INITIATIVES (CI): N/A GENERAL PLAN ELEMENTS (GP): N/A Page 25 of 157 ATTACHMENT 1 RESOLUTION NO. 2024- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH MAKING APPOINTMENTS TO THE 2024 MEASURE P OVERSIGHT COMMITTEE. WHEREAS, In 2014, Council adopted Resolution 2014-28 that established an Oversight Committee on the performance of the expenditure plan for public safety; and WHEREAS, per resolution 2014-28, every two years the City Council appoints five people to the Oversight Committee, whose function is to review the City’s budget for public safety services and the expenditure of the revenues that are budgeted; and WHEREAS, on February 21, 2024, Council gave direction to Staff to find public representation from a broad spectrum of areas, and suggested inquiring with the Fire Safe Council, the Diversity and Equity Committee, and the Chamber of Commerce to see if they would have representatives to serve on the Measure P Oversight Committee; and WHEREAS, each of those agencies provided representatives who are willing to serve. NOW, THEREFORE, BE IT RESOLVED, that the Ukiah City Council does hereby appoint the following persons to serve on the 2024 Measure P Oversight Committee: NAME POSITION TERM ENDING Scott Cratty Public Representative (Fire Safe Council) 2024 Troyle Tognoli Public Representative (Diversity and Equity Committee) 2024 Stephanie Dunken Public Representative (Business Community) 2024 Max Brazill Ukiah City Peace Officer 2024 Tony Selvitella Ukiah City Firefighter 2024 PASSED AND ADOPTED this 3rd day of April 2024, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: _______________________________ Josefina Dueñas, Mayor ATTEST: __________________________________ Kristine Lawler, City Clerk Page 26 of 157 Page 1 of 2 Agenda Item No: 8.b. MEETING DATE/TIME: 4/3/2024 ITEM NO: 2024-1618 AGENDA SUMMARY REPORT SUBJECT: Notification to City Council of Contract 2324-171 with Coastal Mountain Electric for the State Street Overhead to Underground Electrical Conversions, in the Amount of $59,995.00. DEPARTMENT: Electric Utility PREPARED BY: Diann Lucchetti, Administrative Secretary PRESENTER: Cindy Sauers, Electric Utlity Director. ATTACHMENTS: 1. Streetscape Phase II Services SOW and Dwgs 2. Staggs Proposal Streetscape Phase 2 Service Conversions 3. Coastal Mtn Proposal Streetscape Phase 2 Service Conversion Summary: Council will receive notification of Contract 2324-171 with Coastal Mountain Electric for the State Street overhead to underground electrical conversions for the amount of $59,995.00. Background: In April 2023, Council awarded the bid for the Streetscape Phase II improvements to Ghilotti Construction Company in the amount of $9,835,445 for road improvements, the replacement of water and sewer utilities and the undergrounding of electric, telephone and cable TV. City Electric crews have begun installation of equipment and conductor in preparation for the conversion at each business and residence within the project area. The overhead to underground conversion requires the services of a qualified electrician to make the appropriate modifications to each building to accept the underground service. Electric Utility Staff designed and prepared the scope of work and drawings (Attachment 1) to seek bids from qualified contractors for the conversion. The engineer's estimate for this work was $52,300. Discussion: In January 2024, Staff solicited informal bids from Staggs Construction, Ghilotti Construction, and Coastal Mountain Electric. Staggs Construction bid was $136,276 (Attachment 2); Ghilotti was non- responsive; and Coastal Mountain's bid was $59,995 (Attachment 3). Pursuant to the requirements of Section 1522 of the Municipal Code, Staff is notifying Council of Contract 2324-171 with Coastal Mountain Electric for the State Street overhead to underground electrical conversions for the amount of $59,995.00. Recommended Action: Receive notification of Contract 2324-171 with Coastal Mountain Electric for the State Street overhead to underground electrical conversions, in the amount of $59,995.00. BUDGET AMENDMENT REQUIRED: No CURRENT BUDGET AMOUNT: 80126100.80230.18259; $1,385,356.77 PROPOSED BUDGET AMOUNT: N/A FINANCING SOURCE: 2022 Electric Revenue Bonds PREVIOUS CONTRACT/PURCHASE ORDER NO.: COORDINATED WITH: Mary Horger, Financial Services Manager DIVERSITY-EQUITY INITIATIVES (DEI): CLIMATE INITIATIVES (CI): 10a – Protect from dangerous emission by preventing fires. Page 27 of 157 Page 2 of 2 GENERAL PLAN ELEMENTS (GP):GP-A4 - Public Facilities, Services, and Infrastructure Element Page 28 of 157 pg. 1 SCOPE OF WORK Electric Service Overhead to Underground Conversion Streetscape Phase II A.BACKGROUND: The City of Ukiah is seeking a well-qualified Electric Contractor (C-10) Classification to complete the conversion of electrical overhead services to underground services at various locations on State Street. Installation of new conduit from stub conduit located near each panel location to a new lockable gutter termination, or any configuration provided by the City of Ukiah Electrical Department (See Figure A, B, D, and all Specialized drawings). Removal and disposal of all existing un-used conduit, brackets, flashing and weather heads. The contractor will be required to match all building paint colors, roofing shingles, roof designs, make sure all roofing is sealed and secure from rain and any damages to the building, yards or landscaping are to be fully repaired. All buildings have been identified for type of conversion (See Table-1). B.SCOPE OF WORK: WORK REQUIREMENTS a.Work will be performed between the hours of 7:00 AM and 5:00 PM, Monday through Friday. The Contractor must receive the approval of the Electric Utility Department, or authorized representative, prior to commencing any work at each location. b.Contractor is required to attend weekly construction meetings and provide a summary of the work previously completed and an updated work schedule for the week ahead. All foreseeable and prior issues, mitigation options, work conflicts shall be discussed at this time. c.Contractor shall notify all property owners 48 hours in advance of any construction or disruption of traffic flow impacting the property. d.Contractor shall be responsible for all permits required to perform the work. Including all electrical, roofing and construction repairs. All City permits will be provided at no cost. e.Contractor shall hire a licensed roofing professional to repair all roof structures. f.Contractor shall maintain an adequate crew of employees to perform the service required. g.Unit prices quoted shall include all equipment, material, tools and labor required to complete the work. h.Contractor shall be responsible for any damage to private property resulting directly or indirectly from Contractor’s actions. i.All employees of Contractor shall wear a uniform or shirt that clearly identifies the company. Attachment 1 Page 29 of 157 pg. 2 j. Contractor shall provide a list of employees’ names, dates worked and hour worked on each date, for each project or job within the City of Ukiah. k. Contractor agrees to require his/her employee to present a neat appearance a t all times while engaged in the performance of their duties and maintain good bearing towards the public. Should, for any reason, an employee is unsatisfactory in the opinion of the authorized representative, the Contractor, when notified in writing, shall cause the employee to be removed from the project or job and replaced by an employee satisfactory to the authorized representative. l. Contractor shall provide, for all projects, a supervisor/foreman, when requested, with a minimum of five (5) years of experience related to the electrical industry. The supervisor/foreman shall remain on-site during the entire job, when requested. m. Contractor shall use and furnish all vehicles and equipment necessary for the satisfactory performance of the work set forth in this Scope of Work. All vehicles and equipment shall display the name and/or logo of Contractor’s company. The name and logo shall be large enough to be easily legible from a distance of fifty (50) feet, during the course of their work. n. Contractor shall keep all vehicles and equipment in a neat and clean appearance and maintained in excellent mechanical condition. o. The Contractor shall verify the location of all utilities prior to repair or maintenance and shall be held liable for all damages incurred due to Contractor’s work-related operations. p. The Contractor must remain within the work areas to the best of their ability. Contractor shall further protect property and facilities adjacent to the work areas and all property and facilities within the work areas. After completion of work, the project area shall be clean and in the original condition. All public or privately owned improvements and facilities shall be restored to their original condition and location. In the event improvements of the facilities are damaged, they shall be replaced with new materials equal or better to the original. Contractor shall repair such damage at their expense. q. Contractor must take all due precautionary measures to protect all of the existing utilities. The Contractor’s attention is directed to the one-call utility notification service provided by Underground Service Alert (USA). USA member utilities will provide the Contractor with the locations of their substructures when given at least 48 hours’ notice. Such request should be requested through USA @ 811 or 800-227- 2600. Page 30 of 157 pg. 3 PROJECT TASKS The City of Ukiah is requesting pricing from qualified Electrical Contractors (C-10) for specific electrical work as required by the Electric Utility department. Items that are included in this work are: •Locate underground electric conduit stub, install a new 8”x8”x16” or larger lockable gutter box in location to intercept both underground and overhead conduits, extend rigid steel conduit and/or cut conduits to gutter, complete terminations in gutter, remove old weatherhead and conduit from the new gutter location and patch the roof to match the existing. Flashing, water proofing and any roof repairs must be made according to the manufacturer’s specifications. (See Figure A). •The electrical contractor may be required to locate underground electric conduit stub, extend rigid steel conduit to external gutter box, from external gutter box, extend rigid steel conduit to new internal gutter box that intercepts overhead conduits. After removal of weatherhead and any unused overhead conduit, patch roof to match existing. Flashing, water proofing and any roof repairs must be made according to the manufacturer’s specifications. (See Figure B). •The electrical contractor may be required to locate underground electric conduit stub, extend rigid steel conduit to external gutter box, from external gutter box, extend rigid steel conduit to new internal gutter box that intercepts overhead conduits. After removal of weatherhead, patch roof to match existing. Flashing, water proofing and any roof repairs must be made according to the manufacturer’s specifications. (See Figure D) •The electrical contractor may also be required to troubleshoot breakers and fuses. The electrical contractor may also be required to install a new surface mount panel with test bypass. Please see the City of Ukiah Electric Utility Department’s EUSERC Acceptability Chart and submit all panel drawings for approval before purchase. See specific design for 487 N State Street. •Please check the “Streetscape Phase II Overhead to Underground Panel Conversions” sheet to see if the City is requesting a Specialized design for a property (Drawing Specific) ALL boxes must be sealed watertight. All roof repairs must be completed by a licensed roofing contracto r. Roof repairs must be sealed and watertight and must be completed in accordance with the roofing manufacturers specifications. Any damaged landscaping must be repaired to match existing or better, any damaged plants shall be replaced. Page 31 of 157 pg. 4 All work performed in accordance with all local, State and Federal guidelines and follow all California Electric Code and NFPA Standards. Contractor is responsible for any leaks or issues for one year following completion of work. TABLE 1 Streetscape Phase II Overhead to Underground Service Conversions Address Roofing Paint New Panel Weather head Removal Gutter box LB Service Size Cost 444 N State St (1) x x x Use Existing 200A 444 N State St (2) Fix Siding x x x 260A 461 N State St x x x x 250A 479 N State St x x x 2x 125A 487 N State St x x x surface mount, Test Bypass x 200A 493 N State St x x x x 125A 495 N State St x x x x 125A 650 S State St x x x x x 400A 550 N State St Fix Siding x x 2x 400A 400A(?) TOTAL: $ Page 32 of 157 DATE: DWG BY: APPROVED BY: REV.#: W/O #: PAGE: 6/26/2023 1 of 1 kjohnson 444 N. STATE STREET COLDWELL BANKER 444 N. STATE STREET E A B C A.LOCATE NEW 3" CONDUIT DEDICATED TO ELECTRIC ONLY. B.ENSURE SOURCE CONDUIT DOES NOT INTERFERE WITH EXISTING CUSTOMER CONDUIT AND STRUCTURE SIDING C.ATTACH A 3" RIGID STEEL CONDUIT AND DIRECT IT INTO THE EXISTING LOCKABLE GUTTER BOX. D.LOCATE EXISTING RIGID OVERHEAD CONDUIT, REMOVE ALL UNUSED CONDUIT, SEAL THE TOP OF EXISTING GUTTER TO PREVENT ANY POSSIBLE LEAKS, PATCH AND PAINT ANY DAMAGED AREA. MATCH PAINT COLOR, REMOVE AND DISPOSE OF ALL EXTRA CONDUIT TO THE WEATHERHEAD LOCATION. E.AT EXISTING HOLE, AFTER REMOVAL OF EXISTING OVERHEAD CONDUIT AND WEATHERHEAD, PATCH THE ROOF WITH MATCHING MATERIALS, REPAIR ANY HOLES D Page 33 of 157 DATE: DWG BY: APPROVED BY: REV.#: W/O #: PAGE: 9/20/2023 1 of 1 kjohnson 444 N. STATE STREET - APARTMENTS A APARTMENTS BEHIND COLDWELL BANKER MENDO REALTY 444 N. STATE STREET B C D A.LOCATE NEW 3" CONDUIT DEDICATED TO ELECTRIC ONLY. B.REMOVE LB AND REPLACE WITH NEW GUTTER BOX. ATTACH A 3" RIGID STEEL CONDUIT AND DIRECT IT INTO NEW LOCKABLE GUTTER BOX. GUTTER BOX MUST BE 8"X8"X16" MIN. C.LOCATE EXISTING RIGID OVERHEAD CONDUIT, REMOVE ALL OVERHEAD CONDUIT, PATCH AND PAINT ANY DAMAGED AREA. MATCH PAINT COLOR, REMOVE AND DISPOSE OF ALL EXTRA CONDUIT TO THE WEATHERHEAD LOCATION. REMOVE WEATHERHEAD. D.AFTER REMOVAL OF EXISTING OVERHEAD CONDUIT AND WEATHERHEAD, IF NEEDED PATCH THE ROOF WITH MATCHING MATERIALS, REPAIR ANY HOLES AND MATCH PAINT COLOR. Page 34 of 157 DATE: DWG BY: APPROVED BY: REV.#: W/O #: PAGE: 8/3/2023 1 of 1 kjohnson 461 N STATE ST 461 N STATE ST A.LOCATE NEW 3" CONDUIT DEDICATED TO ELECTRIC ONLY. B.ATTACH A 3" RIGID STEEL CONDUIT AND DIRECT IT INTO THE NEW LOCKABLE GUTTER BOX. NEW GUTTER MUST FIT IN ENCLOSED SETTING. MUST BE AT LEAST 8"X8"X16" C.LOCATE EXISTING RIGID OVERHEAD CONDUIT, REMOVE ALL CONDUIT, SEAL THE TOP OF EXISTING GUTTER TO PREVENT ANY POSSIBLE LEAKS, PATCH AND PAINT ANY DAMAGED PORTION OF THE BUILDING OR LANDSCAPING. D.REMOVE WEATHERHEAD AND FIX ANY HOLES, MATCH THE EXISTING ROOFING AND REPAIR ANY DAMAGE. A B C D Page 35 of 157 DATE: DWG BY: APPROVED BY: REV.#: W/O #: PAGE: 8/28/2023 1 of 1 kjohnson 479 N STATE STREET A SEE FIGURE B 479 N STATE ST A.LOCATE NEW 3" CONDUIT DEDICATED TO ELECTRIC ONLY. B.ATTACH A 3" RIGID STEEL CONDUIT AND DIRECT IT INTO THE NEW LOCKABLE GUTTER BOX. NEW GUTTER MUST BE 8"X8"X16" Min. C.DIRECT A 3" CONDUIT INTO A NEW GUTTER BOX LOCATED INSIDE THE BUILDING ABOVE THE METER INTERCEPTING THE EXISTING OVERHEAD CONDUIT. D.LOCATE EXISTING RIGID OVERHEAD CONDUIT INSIDE THE BUILDING, REMOVE ALL UNUSED CONDUIT, SEAL THE TOP OF EXISTING GUTTER TO PREVENT ANY POSSIBLE LEAKS, PATCH AND PAINT ANY DAMAGED AREA. MATCH PAINT COLOR, REMOVE AND DISPOSE OF ALL EXTRA CONDUIT TO THE WEATHERHEAD LOCATION. E.REMOVE WEATHERHEAD AND FIX ANY HOLES, MATCH THE EXISTING ROOFING AND REPAIR ANY DAMAGE. B Page 36 of 157 DATE: DWG BY: APPROVED BY: REV.#: W/O #: PAGE: 8/24/2023 1 of 1 kjohnson 487 N STATE ST A 487 N STATE ST B D A.LOCATE NEW 3" CONDUIT DEDICATED TO ELECTRIC ONLY. B.ATTACH A 3" RIGID STEEL CONDUIT AND DIRECT IT INTO THE NEW COU APPROVED EUSERC RATED 200A SURFACE MOUNT PANEL WITH TEST BYPASS. NEW PANEL MUST FIT INTO AREA SAFELY. SEE COU EUD EUSERC ACCEPTABILITY CHART AND SUBMIT PANEL DRAWING TO COU BEFORE PURCHASING. C.LOCATE EXISTING RIGID OVERHEAD CONDUIT INSIDE THE BUILDING, REMOVE ALL UNUSED CONDUIT, SEAL THE TOP OF EXISTING GUTTER TO PREVENT ANY POSSIBLE LEAKS, PATCH AND PAINT ANY DAMAGED AREA. MATCH PAINT COLOR, REMOVE AND DISPOSE OF ALL EXTRA CONDUIT TO THE WEATHERHEAD LOCATION. D.REMOVE WEATHERHEAD AND FIX ANY HOLES, MATCH THE EXISTING ROOFING AND REPAIR ANY DAMAGE. Page 37 of 157 DATE: DWG BY: APPROVED BY: REV.#: W/O #: PAGE: 8/25/2023 1 of 1 kjohnson 493 N State St 493 N STATE ST A.LOCATE NEW 3" CONDUIT DEDICATED TO ELECTRIC ONLY. B.ATTACH A 3" RIGID STEEL CONDUIT AND DIRECT IT INTO THE NEW LOCKABLE GUTTER BOX. NEW GUTTER MUST FIT IN ENCLOSED SETTING. NEW GUTTER MUST BE AT 8"X8"X16" MIN C.LOCATE EXISTING RIGID OVERHEAD CONDUIT, REMOVE ALL CONDUIT, SEAL THE TOP OF EXISTING GUTTER TO PREVENT ANY POSSIBLE LEAKS, PATCH AND PAINT ANY DAMAGED PORTION OF THE BUILDING OR LANDSCAPING. D.REMOVE WEATHERHEAD AND FIX ANY HOLES, MATCH THE EXISTING ROOFING AND REPAIR ANY DAMAGE. A B C Page 38 of 157 DATE: DWG BY: APPROVED BY: REV.#: W/O #: PAGE: 8/16/2023 1 of 1 kjohnson 495 N STATE ST A 495 N STATE ST A.LOCATE NEW 3" CONDUIT DEDICATED TO ELECTRIC ONLY. B.ATTACH A 3" RIGID STEEL CONDUIT AND DIRECT IT INTO THE NEW LOCKABLE GUTTER BOX. MAKE SURE THE GUTTER BOX FITS SAFELY IN THIS AREA. MUST BE AT LEAST 8"X8"X16" C.LOCATE EXISTING RIGID OVERHEAD CONDUIT, REMOVE ALL UNUSED CONDUIT, SEAL THE TOP OF EXISTING GUTTER TO PREVENT ANY POSSIBLE LEAKS, PATCH AND PAINT ANY DAMAGED AREA. MATCH PAINT COLOR, REMOVE AND DISPOSE OF ALL EXTRA CONDUIT TO THE WEATHERHEAD LOCATION. D.AT EXISTING HOLE, AFTER REMOVAL OF EXISTING OVERHEAD CONDUIT AND WEATHERHEAD, PATCH THE ROOF WITH MATCHING MATERIALS, REPAIR ANY HOLES B C D Page 39 of 157 DATE: DWG BY: APPROVED BY: REV.#: W/O #: PAGE: 9/22/2023 1 of 1 kjohnson 550 N STATE ST A 550 N STATE ST A.LOCATE TWO NEW 4" CONDUITS DEDICATED TO ELECTRIC ONLY. B.ATTACH A 4" RIGID STEEL CONDUIT TO EACH AND DIRECT THEM INTO THE NEW LOCKABLE GUTTER BOX. MAKE SURE THE GUTTER BOX FITS SAFELY IN THIS AREA. MUST BE AT LEAST 8"X8"X16" C.DIRECT TWO CONDUITS, 4" AND 3", INTO A NEW GUTTER BOX LOCATED INSIDE THE BUILDING ABOVE THE METER INTERCEPTING THE EXISTING OVERHEAD CONDUIT. SEE FIGURE D D.LOCATE EXISTING RIGID OVERHEAD CONDUIT, REMOVE ALL UNUSED CONDUIT, SEAL THE TOP OF EXISTING GUTTER TO PREVENT ANY POSSIBLE LEAKS, PATCH AND PAINT ANY DAMAGED AREA. MATCH PAINT COLOR, REMOVE AND DISPOSE OF ALL EXTRA CONDUIT TO THE WEATHERHEAD LOCATION. E.AT EXISTING HOLE, AFTER REMOVAL OF EXISTING OVERHEAD CONDUIT AND WEATHERHEAD, PATCH SIDE OF BUILDING WITH MATCHING MATERIALS, REPAIR ANY HOLES AND MATCH PAINT COLOR. B Page 40 of 157 DATE: DWG BY: APPROVED BY: REV.#: W/O #: PAGE: 8/31/2023 1 of 1 kjohnson 650 S. STATE ST 650 S STATE ST A.LOCATE NEW 3" CONDUIT DEDICATED TO ELECTRIC ONLY. B.ATTACH A 3" RIGID STEEL CONDUIT AND DIRECT IT INTO THE NEW GUTTER BOX. NEW GUTTER BOX MUST BE 8"X8"X16" MIN. C.LOCATE EXISTING RIGID OVERHEAD CONDUIT AND REMOVE ALL UNUSED CONDUIT FROM THE FACE OF BUILDING TO WEATHER HEAD. D.ATTACH A 3' RIGID STEEL CONDUIT FROM THE TOP OF NEW GUTTER BOX AND DIRECT IT INTO AN LB THAT HAS INTERCEPTED THE EXISTING OVERHEAD CONDUIT AT THE FACE OF THE BUILDING. E.AT EXISTING HOLE, AFTER REMOVAL OF EXISTING OVERHEAD CONDUIT AND WEATHERHEAD, PATCH THE ROOF WITH MATCHING MATERIALS, REPAIR ANY HOLES AND MATCH PAINT COLOR. A B C DD E Page 41 of 157 LOCATE UNDERGROUND ELECTRIC CONDUIT INSTALL A NEW LOCKABLE 8"X8"X16" GUTTER BOX INTERCEPT EXISTING ELECTRIC OVERHEAD CONDUIT ATTACH NEW RIGID STEEL CONDUIT FROM UNDERGROUND CONDUIT TO THE NEW GUTTER BOX REMOVE THE OLD WEATHERHEAD AND CONDUIT FROM NEW GUTTER LOCATION AND PATCH THE ROOF TO MATCH EXISTING CITY TO RUN NEW CONDUCTOR TO THE NEW GUTTER BOX ELECTRICIAN TO DO ALL CONNECTIONS FROM THE NEW UTILITY CONDUCTOR TO THE CUSTOMERS METER DATE: DWG BY: APPROVED BY: REV.#: W/O #: PAGE: 3/11/2021 1 of 1 sbozzoli TYPICAL GUTTER INSTALL FIGURE A Page 42 of 157 DATE: DWG BY: APPROVED BY: REV.#: W/O #: PAGE: 9/5/2023 1 of 1 kjohnson 479 N STATE STREET OH TO UG SERVICE CONVERSION INTERNAL WALL EXTERNAL FRONT OF STORE FIGURE B A.LOCATE NEW 3" CONDUIT DEDICATED TO ELECTRIC ONLY. B.ATTACH A 3" RIGID STEEL CONDUIT AND DIRECT IT INTO THE NEW LOCKABLE GUTTER BOX. NEW GUTTER MUST BE 8"X8"X16" Min. C.DIRECT A 3" CONDUIT INTO A NEW GUTTER BOX LOCATED INSIDE THE BUILDING ABOVE THE METER INTERCEPTING THE EXISTING OVERHEAD CONDUIT. D.LOCATE EXISTING RIGID OVERHEAD CONDUIT INSIDE THE BUILDING, REMOVE ALL UNUSED CONDUIT, SEAL THE TOP OF EXISTING GUTTER TO PREVENT ANY POSSIBLE LEAKS, PATCH AND PAINT ANY DAMAGED AREA. MATCH PAINT COLOR, REMOVE AND DISPOSE OF ALL EXTRA CONDUIT TO THE WEATHERHEAD LOCATION. E.REMOVE WEATHERHEAD AND FIX ANY HOLES, MATCH THE EXISTING ROOFING AND REPAIR ANY DAMAGE. E A CD B METER ROOF Page 43 of 157 DATE: DWG BY: APPROVED BY: REV.#: W/O #: PAGE: 9/25/2023 1 of 1 kjohnson 550 N STATE STREET - NCO BUILDING Alternative Design INTERNAL WALL EXTERNAL SIDE OF NCO FIGURE D A.LOCATE TWO NEW 4" CONDUITS DEDICATED TO ELECTRIC ONLY. B.ATTACH A 4" RIGID STEEL CONDUIT TO EACH AND DIRECT THEM INTO THE NEW LOCKABLE GUTTER BOX. MAKE SURE THE GUTTER BOX FITS SAFELY IN THIS AREA. MUST BE AT LEAST 8"X8"X16" C.DIRECT TWO CONDUITS, 4" AND 3", INTO A NEW GUTTER BOX LOCATED INSIDE THE BUILDING ABOVE THE METER INTERCEPTING THE EXISTING OVERHEAD CONDUIT. D.LOCATE EXISTING RIGID OVERHEAD CONDUIT, REMOVE ALL UNUSED CONDUIT, SEAL THE TOP OF EXISTING GUTTER TO PREVENT ANY POSSIBLE LEAKS, PATCH AND PAINT ANY DAMAGED AREA. MATCH PAINT COLOR, REMOVE AND DISPOSE OF ALL EXTRA CONDUIT TO THE WEATHERHEAD LOCATION. E.AT EXISTING HOLE, AFTER REMOVAL OF EXISTING OVERHEAD CONDUIT AND WEATHERHEAD, PATCH SIDE OF BUILDING WITH MATCHING MATERIALS, REPAIR ANY HOLES AND MATCH PAINT COLOR. E A C D B METER ROOF Page 44 of 157 2779 Prosser Road, Sebastopol, CA 95472 (707) 861-3421 LIC#977194 CITY OF UKIAH January 15, 2024 Attn: SCOTT BOZZOLI RE: STREETSCAPE PHASE 2 OVERHEAD SERVICE CONVERSIONS Thank you for the opportunity to provide you with a proposal for the Phase 2 Overhead Service Conversions. Our proposal is based off the City of Ukiah Electric Utility Department drawings sent via email link on 10/24/23. All of these locations are existing and all parts are beyond warranty so if any equipment that we do not touch in/on the buildings end up not working after the service is energized, would be assumed not working prior to de-energizing and would not be the responsibility of Staggs Construction. We have included the following: 1. 444 N. State Street Coldwell Banker Electric • Remove Existing Service Conduit and Weather head Through Roof • Dispose of old materials • Furnish and Install new 3” Rigid Service Conduit to Existing Gutter • Seal Existing Gutter 2. 444 N. State Street Coldwell Banker Patching • Install 1/2" plywood after the main power is removed from the roof. • Install 30 LB felt. Install new 30 year composition shingles to match as close as possible. • Install 1/2" plywood in the soffit, spackle, prime and paint to match. • Prime and paint two coats of paint. 3. 444 N. State Street Apartments Electric • Remove Existing Service Conduit and Weather head • Dispose of old materials • Furnish and Install new 3” Rigid Service Conduit to Gutter • Furnish and install new gutter 8”x8”x16” min • Core drill bigger hole in brick for new 3” conduit 4. 444 N. State Street Apartments Patching • Fill and apply brick mortar after the main electrical is removed. • Caulk and paint all holes in area conduit was removed. • Paint to match existing. Attachment 2 Page 45 of 157 2779 Prosser Road, Sebastopol, CA 95472 (707) 861-3421 LIC#977194 5. 461 N State Street Electric • Remove Existing Service Conduit and Weather head Through Roof • Dispose of old materials • Furnish and Install new 3” Rigid Service Conduit to Gutter • Furnish and install new gutter 8”x8”x16” min 6. 461 N State Street Patching • Install 1/2" plywood after the main power is removed from the roof. • Install 30 LB felt. Install new 30 year composition shingles to match as close as possible. • Install 1/2" plywood at the soffit, prime and paint to match existing. • Install new siding as needed to match existing. • Prime and paint grey color two coats of paint. 7. 479 N State Street Electric • Remove Existing Service Conduit and Weather head Through Roof • Dispose of old materials • Furnish and Install new 3” Rigid Service Conduit to Gutter • Furnish and install new gutter 8”x8”x16” min • Core drill hole in brick for new 3” conduit 8. 479 N State Street Patching • Install 1/2" plywood after the main power is removed from the roof and all brackets. • Install 30 LB felt. Install new 30 year composition shingles to match as close as possible. 9. 487 N State Street Electric • Remove Existing Service Conduit and Weather head Through Roof • Dispose of old materials • Furnish and install new 200 amp surface mount panel and ground rods • Furnish and install breakers to match existing panel 10. 487 N State Street Patching • Install 1/2" plywood after the main power is removed from the roof. • Install 30 LB felt. • Install new 30 year composition shingles to match as close as possible Page 46 of 157 2779 Prosser Road, Sebastopol, CA 95472 (707) 861-3421 LIC#977194 11. 493 N State Street Electric • Remove Existing Service Conduit and Weather head Through Roof • Dispose of old materials • Furnish and Install new 3” Rigid Service Conduit to Gutter • Furnish and install new gutter 8”x8”x16” min 12. 493 N State Street Patching • Install 1/2" plywood after the main power is removed from the roof. • Install 30 LB felt. Install new 30 year composition shingles to match as close as possible. • Repair the soffit with 1/2" plywood. Prime and paint two coats to match exiting color. • Fill holes on the siding in area conduit was removed. • Paint the area two coats of paint to match existing. 13. 495 N State Street Electric • Remove Existing Service Conduit and Weather head Through Roof • Dispose of old materials • Furnish and Install new 3” Rigid Service Conduit to Gutter • Furnish and install new gutter 8”x8”x16” min 14. 495 N State Street Patching • Install 1/2" plywood after the main power is removed from the roof. • Install 30 LB felt. • Install new 30 year composition shingles to match as close as possible. • Repair the soffit with 1/2" plywood. • Prime and paint two coats to match exiting color. • Fill holes on the siding where conduit was removed. • Paint the area two coats of paint to match existing. 15. 550 N State Street Electric • Remove Existing Service Conduits and Weather heads • Dispose of old materials • Furnish and Install 2 new 4” Rigid Service Conduits to Gutter • Furnish and install new gutter 8”x8”x16” min 16. 550 N State Street Patching • Repair the stucco after the main electrical and conduit is removed. • Repair the front of the building with 1/2" plywood. • Prime and paint to match existing. • Fill all holes after conduit screws are removed with caulking as needed. • Touch up the area needed with two coats of paint to match existing color. Page 47 of 157 2779 Prosser Road, Sebastopol, CA 95472 (707) 861-3421 LIC#977194 17. 650 S State Street Electric • Remove Existing Service Conduit and Weather head Through Roof • Dispose of old materials • Furnish and Install new 3” Rigid Service Conduit to Gutter • Furnish and install new gutter 8”x8”x16” min • Drill hole for new 3” conduit • Reroute existing equipment inside building to accommodate the new service 18. 650 S State Street Patching • Install 1/2" plywood after the main power is removed from the roof. • Install 30 LB felt. • Install new 30 year composition shingles to match as close as possible. 19. 1050 S State St Quality Inn Electric • Remove Existing Service Conduits and Weather heads Through Roof • Dispose of old materials • Furnish and Install Rigid Service Conduit to new Gutter • Furnish and install new gutter/pull can • Relocate existing outlets and lighting conduits/boxes • Furnish and install rigid conduit from gutter into side of switchboard 90 degrees 20. 1050 S State St Quality Inn Patching • Install 1/2" plywood after the main power is removed from the roof. • Install 30 LB felt. Install new 30 year composition shingles to match as close as possible. • Install 1/2" plywood in the soffit, spackle, prime and paint to match. • Prime and paint two coats of paint. INCLUDES BOND FEE TOTAL ELECTRIC: $90,772.00 TOTAL PATCHING: $45,504.00 TOTAL JOB COST: $136,276.00 EXCLUSIONS: Utility connection fees Demo, removal, or replacement of Landscape Inspection Fees Repairs beyond 1 year after installation Night Work Backup Power During Shut Offs. Can Provide as Needed on T&M if Required This assumes the job will be done on a continuous schedule. Anything that cannot be dug with a backhoe or similar size equipment will be billed on a T&M basis. The work will be done in a professional and courteous manner. The material prices will be valid 30 days from date of proposal. Thank you, Page 48 of 157 2779 Prosser Road, Sebastopol, CA 95472 (707) 861-3421 LIC#977194 Charles Staggs Staggs Construction, Inc. Page 49 of 157 Coastal Mountain Electric 14832 Lakeshore Dr * Clearlake, CA 95422 PO Box 678 * Lower Lake, CA 95457 Ph: (707) 994-0437 * Fx: (707) 994-8504 James Day Construction, Inc. dba Coastal Mountain Electric CSLB #507105 * DIR PWCR #1000008522 SAM Registered/CA DGS #1153880 SB Certiϐied TO: City of Ukiah ATTN: Scott Bozzoli SCOPE OF W ORK AND PROPOSAL Ukiah Streetscape Phase II Overhead to Underground Electrical Conversions Per drawings and specs provided by City of Ukiah. Convert nine overhead to underground electrical services INCLUDES: Conduits, boxes and terminations per specs. Required roof repairs. Required siding repairs. Replace one 200 amp panel. Painting of new work. EXCLUDES: Permit fees. Underground conduit. NOTES AND EXCEPTIONS Pricing per attached bid sheet. 1 of 2 Attachment 3 Page 50 of 157 Coastal Mountain Electric 14832 Lakeshore Dr * Clearlake, CA 95422 PO Box 678 * Lower Lake, CA 95457 Ph: (707) 994-0437 * Fx: (707) 994-8504 James Day Construction, Inc. dba Coastal Mountain Electric CSLB #507105 * DIR PWCR #1000008522 SAM Registered/CA DGS #1153880 SB Certiϐied TOTAL PRICE FOR ABOVE WORK $59,995.00 Fifty nine thousand nine hundered ninety five and no/100 dollars Terms of payment NET 30 days. COASTAL MOUNTAIN ELECTRIC BRYAN MANN 350-1321 ACCEPTED 2 of 2 Page 51 of 157 $4,620.00 $5,615.00 $5,267.00 $5,616.00 $9,639.00 $5,077.00 $5,077.00 $9,505.00 $9,579.00 59,995.00 Page 52 of 157 Page 1 of 2 Agenda Item No: 8.c. MEETING DATE/TIME: 4/3/2024 ITEM NO: 2024-1665 AGENDA SUMMARY REPORT SUBJECT: Adoption of Resolution Modifying the Diversity and Equity Standing Committee. DEPARTMENT: City Manager / Admin PREPARED BY: Traci Boyl, City Manager's Office Senior Analyst PRESENTER: Traci Boyl, Senior Management Analyst. ATTACHMENTS: 1. Resolution 2020-59 2. Resolution 2024 Modifying Diversity and Equity Committee Summary: The City Council will consider adoption of a resolution to modify the Diversity and Equity Standing Committee to reflect its future and ongoing work as Diversity, Equity, and Inclusion (DEI) ambassadors, and to change the representative member group title LGBTQA+ to the more commonly known term LGBTQ+. Background: The Diversity and Equity Standing Committee, established by Resolution 2020-59 (Attachment 1), was established as an advisory body to the City Council and Department Heads as a means to adopt written objectives to improve diversity and equity in the City's workforce and in the provision of municipal services; develop a written Action Plan to achieve those objectives; implement and oversee the Action Plan; provide an annual review and update to the City Council on the Committee's progress; and propose revisions to the plan as necessary. The Diversity and Equity Committee developed the Equity Action Plan, which was adopted by the City Council in January 2022 as a two-year plan. The Plan has been implemented across all departments of the City and is creating a positive impact on the agency and community, based on employee demographics polls, surveys, and feedback from team members. Therefore, with direction and guidance provided by the City's Diversity and Equity Committee, City Staff incorporated the Equity Action Plan goals and strategies into the City Council's Strategic Plan as a commitment to this work and to ensure diversity, equity, transparency, and justice are embedded into policymaking, accountability, and delivery of City services. Discussion: Having developed and implemented its two-year Action Plan and incorporated DEI priorities into the City’s major planning documents and strategic plan, the Committee and Staff discussed how best to move forward with the Committee and transition the Committee's work from planning and implementing to providing ongoing support, representation, and recommendations to City Council and Department Heads. To support this transition and the ongoing work of DEI in our community, the Diversity and Equity Committee and City Staff recommend the following duties of the Diversity and Equity Standing Committee: 1. To continuously assess the impact of the City’s DEI efforts within the community and make recommendations regarding City programs, policies, and services as necessary. 2. To serve as ambassadors promoting diversity, equity, and inclusion within the community and representing the City’s commitment to these values. 3. To raise public awareness about the City’s commitment to DEI initiatives and values by sharing information about City programs, policies, employment opportunities, and services through social media channels, email, and word of mouth. Page 53 of 157 Page 2 of 2 Additionally, while reviewing the Committee's work and member representation, the Committee discussed and agreed that the LGBTQA+ representative member group title should be changed to the more commonly known term LGBTQ+. Therefore, Staff requests the City Council adopt a resolution modifying the Diversity and Equity Standing Committee to reflect these changes (Attachment 2). Recommended Action: Adopt Resolution modifying the Diversity and Equity Standing Committee. 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: Diversity and Equity Standing Committee DIVERSITY-EQUITY INITIATIVES (DEI): Goal 4 – Identify and actively engage underrepresented communities in which to retain, expand, develop, and implement programs. Goal 6 – Ensure accountability in the implementation of goals and assessment of progress toward outcomes CLIMATE INITIATIVES (CI): GENERAL PLAN ELEMENTS (GP): Page 54 of 157 ATTACHMENT 1 Page 55 of 157 Page 56 of 157 Page 57 of 157 Page 1 of 3 Attachment 2 RESOLUTION NO. 2024- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH MODIFYING THE DIVERSITY AND EQUITY STANDING COMMITTEE WHEREAS: 1. The population of the City of Ukiah and the larger community living in the Ukiah Valley who work and shop in the City of Ukiah consist of a diversity of demographic groups, including individuals and families who are low income, persons with physical or mental disabilities, persons from the LGBTQ+ community, members of Native American tribes and communities in Mendocino County, members of the Hispanic/Latino community, persons of color, people whose primary language is not English, youth 21 years and younger, and seniors 65 years and older; and 2. These different demographic groups face unique barriers to accessing employment and municipal services and have different needs affecting their receipt of municipal services than the general population; and 3. Other demographic groups exist in this area which are not specifically identified in this resolution, but the identified groups are believed to be the most substantial of such groups; and 4. If other such groups are identified as significant as a result of the Committee's work or otherwise, the membership of the Committee can be expanded to include them in the future; and 5. The City has established a standing committee of the City Council, known as the Diversity and Equity Standing Committee, which is an advisory body reporting to the City Council and to the City Manager and City Department Heads, as a means to adopt written objectives to improve diversity and equity in the City's workforce and in the provision of municipal services; develop a written Action Plan to achieve those objectives; implement and oversee the Action Plan; provide an annual review and update to the City Council on the Committee's progress; and propose revisions to the plan as necessary. NOW, THEREFORE BE IT RESOLVED as follows: 1. MEMBERSHIP; APPOINTMENT The Equity and Diversity Standing Committee ("Committee") shall consist of eleven (11) members. The members shall consist of two members of the City Council and one member from each of nine organizations in the City of Ukiah or the Ukiah Valley, including Redwood and Potter Valleys, which serve or represent: (1) Persons with lived experience of poverty (currently or formerly living at or below the poverty level); (2) Persons with physical or mental disabilities; (3) Persons from the LGBTQ+ community; (4) Native American tribes and communities in Mendocino County; (5) Persons from the Hispanic/Latino community; (6) Persons of color (7) Persons whose primary language is not English; (8) Youth 21 years and younger; and (9) Seniors 65 years or older. In addition, committee members must either reside or work in the City of Ukiah. Members shall be appointed by the City Council based on written applications submitted by deadlines established by the City Council and any oral interviews the City Council may elect to conduct. Page 58 of 157 Page 2 of 3 2. TERM OF OFFICE; VACANCIES A. Terms of Office. All appointments to the Committee shall be for a term of two (2) years during which the member serves and the will and pleasure of the City Council. Appointments to fill vacancies during a term of office shall be filled as provided in Section 1. The person appointed shall serve for the remainder of the term of that vacancy. Members whose terms expire may be reappointed to serve subsequent terms. B. Vacancies. Vacancies may occur as a result of the member's death or incapacity, resignation, no longer residing or working in the City, termination by the City Council with or without cause or failure of a member to attend three (3) meetings in any consecutive four-month period without the prior approval of the Committee. 3. DUTIES OF THE COMMITTEE Having developed and implemented its two-year Action Plan and incorporated DEI priorities into the City’s major planning documents and strategic plan, the Committee shall now have the following responsibilities: 1. To continuously assess the impact of the City’s DEI efforts within the community and make recommendations regarding City programs, policies, and services as necessary. 2. To serve as ambassadors promoting diversity, equity, and inclusion within the community and representing the City’s commitment to these values. 3. To raise public awareness about the City’s commitment to DEI initiatives and values by sharing information about City programs, policies, employment opportunities, and services through social media channels, email, and word of mouth. 4. EXPENSES OF MEMBERS; NO COMPENSATION The members of the Committee shall receive no compensation or reimbursement for expenses. 5. CHAIRPERSON; OFFICERS The Committee shall elect a presiding officer to preside at special and regular meeting. City staff assigned by the City Manager shall provide support services, including preparation and posting of agendas, preparing minutes, staff reports and other documents as required for the conduct of the Committee's business. 6. COMMITTEE GOVERANCE. A. Brown Act. The Committee shall comply with the Brown Act. Upon the first appointment of its members, it shall establish a meeting date and time for regular meetings and a procedure for placing items on its agendas. Special meetings may be called by the Chairperson, City staff assigned to assist the Committee or by the Committee during a regular or special meeting. B. Parliamentary procedure. The Committee shall adopt any rules it considers necessary for the orderly conduct of its meetings which may, but are not required to, use all or any portion of Robert's Rules of Order or the City Council rules for conducting City Council meetings. Page 59 of 157 PASSED, ADOPTED and APPROVED this 3rd day of April 2024 by the following vote on roll call vote: AYES: NOES: ABSTAIN: ABSENT: _______________________________ Josefina Duenas, Mayor ATTEST: _______________________________ Kristine Lawler, City Clerk Page 60 of 157 Page 1 of 2 Agenda Item No: 8.d. MEETING DATE/TIME: 4/3/2024 ITEM NO: 2024-1666 AGENDA SUMMARY REPORT SUBJECT: Report to City Council on the Annual Equity Report. DEPARTMENT: City Manager / Admin PREPARED BY: Traci Boyl, City Manager's Office Senior Analyst PRESENTER: Traci Boyl, Senior Management Analyst. ATTACHMENTS: 1. 2023 Equity Report Summary: The City Council will review and consider accepting the Annual Equity Report. Background: The City has established a standing committee of the City Council, known as the Diversity and Equity Standing Committee, which is an advisory body reporting to the City Council and to the City Manager and City Department Heads as a means to adopt written objectives to improve diversity and equity in the City's workforce and in the provision of municipal services; develop a written Action Plan to achieve those objectives; implement and oversee the Action Plan; provide an annual review and update to the City Council on the Committee's progress; and propose revisions to the plan as necessary. Each year, with direction and input provided by the Diversity and Equity Committee, Staff prepares an equity report that highlights the previous year's goals, accomplishments, and areas of focus for the upcoming year. The report is then presented to the City Council. Discussion: Staff has prepared the Annual Equity Report (Attachment 1). The report includes achievements and highlights for 2023, including a notable 9% increase in the diversity of full-time regular staff over the past two years. The report also details the evolution of the Equity Action Plan goals and strategies recently incorporated into the City Council's Strategic Plan and the transition of the Committee's work from plan development and implementation support into Diversity, Equity, and Inclusion ambassadors for the City. Recommended Action: Receive report. 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: Diversity and Equity Standing Committee DIVERSITY-EQUITY INITIATIVES (DEI): Goal 6 – Ensure accountability in the implementation of goals and assessment of progress toward outcomes CLIMATE INITIATIVES (CI): GENERAL PLAN ELEMENTS (GP): Page 61 of 157 Page 2 of 2 Page 62 of 157 1 2023 Equity Report Ukiah is a vibrant community with a popula�on of 16,144 (Census.gov), showcasing a mix of cultural and demographic diversity. The City of Ukiah serves as a full-service municipality, employing 217 full-�me staff and over 600 staff total including part-�me and temporary staff providing a wide range of services from public safety to recrea�onal. The City of Ukiah is the largest employer of youth in the community, hiring over 200 young individuals annually for various programs. In 2023, of those staff, 120 were bilingual. Demographics City as a Community Percent of popula�on City as an Agency Percent of popula�on White alone 70.9 % White/Caucasian 62.7 % Hispanic or La�no 36.3 % Hispanic/La�no 27.3 % Asian alone 3.4 % Asian 2.8 % Black or African American alone 0.3 % Black/African American 2.2 % American Indian and Alaska Na�ve alone 2.7 % Na�ve Hawaiian/Other Pacific Islander 0.4 % Two or more Races 11.1 % Other – 2 or more races 2.6 % (US Census Bureau and City Human Resources Department) Addi�onal self-iden�fied US Census demographic data for residents in the city: Language Barriers: 9.13% of the popula�on speaks English less than very well. Poverty: 18.2% live at or below the poverty level. Elderly Popula�on: 15.1% are 65 years or older. Disabili�es: 10.4% live with a disability under the age of 65. These demographics underscore the necessity of the Diversity & Equity Commitee. Diversity, Equity, and Inclusion (DEI) Commitee The Diversity and Equity Commitee was established by City Council Resolu�on 2020-59 in 2022. The Commitee was tasked with the following direc�ves from City Council: 1.Develop an Equity Ac�on Plan for the agency. 2.Oversee the implementa�on of the plan and provide ongoing input on the progress. 3.Serve as an advisory body to the City Council and City leadership. The commitee consists of 11 members, including 2 council members and representa�ves from diverse community sectors including the following: Attachment 1 Page 63 of 157 2 Persons with physical or mental disabili�es; persons with lived experience of poverty; Persons from the LGBTQA community; Persons from the Hispanic/La�no community; Persons of color; Persons whose primary language is not English; Youth 21 years and younger; Seniors 65 years or older. The Commitee’s mission is to promote diversity, equity, transparency, and jus�ce through the adop�on and implementa�on of city prac�ces, policies, and procedures. Equity Ac�on Plan The Equity Ac�on Plan, adopted by Resolu�on 2022-01 in January 2022, iden�fied the following goals and strategies to improve diversity, equity, and inclusion in the city: • Goal 1. Create and sustain a diverse, equitable, and inclusive workplace and workforce that reflects, values, and celebrates the diverse community we serve. STRATEGY: Consistently, clearly, and boldly communicate that diversity, equity, and inclusion (DEI) are critical to the City's values. • Goal 2. Eliminate internal and external barriers to Diversity, Equity, and Inclusion within the systems of our organization. STRATEGY A: Improve access to City communication, public meetings, and essential services to remove barriers to inclusivity. STRATEGY B: Improve the organization's recruitment, development, and retention practices to remove barriers within these processes. • Goal 3. Recruit, retain, and advance a community of staff that reflects, values, and celebrates the diversity of the community we serve. STRATEGY: Strengthen the City to advance diversity, equity, and inclusion efforts and to provide equitable and inclusive advancement opportunities for all staff. Listen to staff, committee, commission, and Council Members and value and consider their opinions, perspectives, and actions. • Goal 4. Identify and actively engage underrepresented communities in which to retain, expand, develop, and implement programs. STRATEGY: Leverage existing resources to conduct asset-mapping and develop a needs assessment with recommendations inclusive of input from underrepresented members of the community. Page 64 of 157 3 • Goal 5. Instill diversity, equity, and inclusion as essential core elements of policy-making, accountability, and delivery of City services. STRATEGY A: Increase the diversity of the City's Boards, Commissions, and Committees to accurately reflect the community we serve. STRATEGY B: Improve the quantity, quality, and accessibility of City programs to reflect the needs of the diverse community we serve. • Goal 6. Ensure accountability in the implementation of goals and assessment of progress toward outcomes STRATEGY: Develop internal and external processes to preserve and ensure accountability in the process and implementation of goals, strategies, and critical steps to evaluate the progress to achieve the outcomes and goals and to assist in the annual accountability report to the Ukiah City Council. Progress and Outcomes Since the implementa�on of the Equity Ac�on Plan, the City has achieved the following significant progress and outcomes: Workplace Diversity and Inclusion 1. Created and integrated an inclusion statement into communica�on materials. 2. Conducted regular proclama�ons and social media campaigns to highlight DEI efforts. Barrier Elimina�on 1. Developed and implemented an accessibility plan. 2. Conducted municipal service reviews and DEI staff training. Staff Recruitment and Reten�on 1. Ini�ated a mentorship program and training and development plans. 2. Launched the Leadership Academy Class of 2024. Community Engagement 1. Developed stakeholder contact lists for regular updates. 2. Enhanced community engagement in the General Plan and various commitees. Policy and Service Delivery 1. Integrated DEI into the General Plan and Council’s Strategic Plan. 2. Facilitated community policing workshops. Page 65 of 157 4 Accountability and Progress 1. Implemented Budget and ASR assessment tools for tracking progress towards DEI goals. Staff Diversity Trends To gauge progress in diversity of employees, staff began tracking ethnic and gender diversity as self- reported during the hiring process. Data was tracked beginning January 27, 2021, and is pulled approximately every six months. Increase in Diversity: The City has had a 9% increase in diversity among full-�me regular staff between 2021-2023. Ethnicity Breakdown: Compared to city demographics, the staff's diversity has shown significant alignment and improvement. OVERALL 1/27/21 11/29/22 6/21/23 12/1/23 Total Diversity, Regular F/T Staff 15% 22% 23% 24% Page 66 of 157 5 The diversity of all employees including full-�me, part-�me, and temporary staff is even higher at 37.3% as of 12/1/23. (see graph below) ALL EMPLOYEES 12/1/23 Gender Male 330 52% Female 300 48% TOTAL 630 100% Ethnicity White/Caucasian 312 62.7% Hispanic/Latino 136 27.3% Asian 14 2.8% Black/African American 11 2.2% American Indian/Alaskan Native 10 2.0% Native Hawaiian/Other Pacific Islander 2 0.4% Other- 2 or more races 13 2.6% TOTAL 498 100% Integra�on of Equity Ac�on Plan into the City Council’s Strategic Plan The City of Ukiah’s Equity Ac�on Plan, adopted for a two-year period, has been successfully implemented. Guided by the Diversity and Equity Commitee, the outcomes indicate the effec�veness of the plan's prescribed strategies. Consequently, to maintain the momentum of these strategies and to achieve the established goals, the plan was fully integrated into the City Council’s Strategic Plan. The Council’s Strategic Plan is the principal framework for the City’s direc�on, encompassing all programs, policies, and projects. By embedding the Equity Ac�on Plan into the Strategic Plan, diversity, equity, and inclusion (DEI) principles have become a permanent fixture in the City’s opera�onal and strategic pursuits. This integra�on reflects our enduring commitment to DEI, ensuring its presence as a fundamental considera�on in the City’s decision-making process. It marks a shi� in the City’s opera�onal ethos, posi�oning DEI as a cornerstone of municipal governance. Next Steps The Diversity & Equity Commitee, ac�ng as DEI Ambassadors, will con�nue to represent the City at events, provide input on grant applica�ons, programs and services, provide recommenda�ons to council, prepare an annual Equity Report, and par�cipate ac�vely in community service. Conclusion The City of Ukiah is commited to embedding diversity, equity, and inclusion into every facet of the organiza�on. It’s not just what we do; it’s who we are. Staff is grateful for the City Council's support and looks forward to con�nuing the efforts to make Ukiah a more inclusive, equitable, and diverse community. Page 67 of 157 Page 1 of 3 Agenda Item No: 8.e. MEETING DATE/TIME: 4/3/2024 ITEM NO: 2024-1675 AGENDA SUMMARY REPORT SUBJECT: Consider Adoption of Resolution Authorizing Submittal of an Application to the California Department of Housing and Community Development for Funding under the HOME Investment Partnerships Program; and if Selected, the Execution of a Standard Agreement, Any Amendments Thereto, and of Any Related Documents Necessary to Participate in the HOME Investment Partnerships Program, as well as Authorization of the Corresponding Budget Amendments. DEPARTMENT: Community Development PREPARED BY: Jim Robbins, Housing and Grants Manager PRESENTER: Jim Robbins, Housing and Grants Manager ATTACHMENTS: 1. HOME-2022-2023-NOFA 2. HOME-Income-Limits-2023 3. Resolution Summary: Council is requested to consider the adoption of a resolution authorizing submittal of an application to California HCD for $5,150,000 in funding under the HOME Investment Partnerships Program (HOME) for a Multi-Family Rental Rehabilitation Project; and if the City is selected for an award, authorize the City Manager to execute the standard agreement, any amendments thereto, and any related documents necessary; and authorize the corresponding budget amendments. Background: On January 19, 2024, the California Department of Housing and Community Development (HCD) announced the release of a Notice of Funding Availability (NOFA) for approximately $120 million in 2022-2023 federal HOME Investment Partnerships Program (HOME) funds (Attachment 1). Eligible activities are separated into Project activities, consisting of the funding of acquisition with new construction or rehabilitation of multi-family properties and First-Time Homebuyer (FTHB) subdivision new construction projects, and Program activities, consisting of programs to fund individual FTHB gap assistance, including infill new construction or rehabilitation, Owner Occupied Rehabilitation (OOR), and Tenant Based Rental Assistance (TBRA). The funding provides loans or grants to eligible HOME Applicants serving low-income and very low-income households, defined as having incomes at or below 80 percent of Area Median Income (AMI) or 50 percent of AMI, respectively (Attachment 2). State Recipients such as the City of Ukiah are eligible to apply. Funding under the HCD HOME NOFA is competitive, with applications accepted from February 12, 2024, until 5:00 pm on April 9, 2024. On March 20, 2024, Council adopted Resolution 2024-07 authorizing the City Manager to apply for a $500,000 HOME First-Time Homebuyer Program grant. On March 21, The Danco Group reached out to Staff to request City collaboration on a HOME Project application for a Rental Rehabilitation Project of Summercreek Village Apartments, located at 755 Village Circle. Rehabilitation of the Summercreek Village Apartments would make a significant contribution to the City’s affordable housing stock by rehabilitating a 20-year-old building that includes 64 units of affordable housing. The proposed Project would include a loan to the Danco Group with a 55-year affordability period, and the rehabilitated housing project will share community space and amenities with the new Acorn Valley project currently under construction. Page 68 of 157 Page 2 of 3 The 2022-2023 HOME NOFA allows for the City to apply for up to $12 million in HOME Project funds in addition to the $500,000 HOME FTHB Program application authorized in Resolution 2024-07 passed by Council on March 20 of this year. Discussion: In response to the 2022-2023 HOME NOFA dated January 19, 2024, Staff is proposing Council authorize an application in the amount of $5,150,000 for a HOME Multi-Family Rental Housing Rehabilitation Project. If awarded the funds will be loaned to the Danco Group for the rehabilitation of the 64-unit Summecreek Village Apartments for a period not less than 55 years. An award of funding for a HOME Rental Rehabilitation Project would fulfill several of the goals in the City's 2019-2027 Housing Element. Policy 1-1 under Goal H-1 notes the City should “encourage the rehabilitation of existing residential units.” Policy 2-4 under Goal H-2 encourages the “pursuit of State and Federal funding for very low, low, and moderate income housing developments.” Policy 5-3 under Goal H-5 directs City Staff to, “assume a leadership role in the development of all types of housing in the community.” Additionally, if awarded funds, the covenant restrictions related to the maintenance of affordable housing at this site would be extended for 55 years. HOME regulations require a resolution by the City Council to authorize submittal of an application. The following is requested: Project Activity – Rental Rehabilitation Project = $5,000,000 Activity Delivery – Rental Rehabilitation Project = $75,000 General Administration = $75,000 Total = $5,150,000 Staff recommends Council adopt the resolution in Attachment 3 authorizing submittal of an application to HCD for $5,150,000 in funding under the HOME Program for a Multi-Family Rental Rehabilitation Project; and if the City is selected for an award, authorize the City Manager to execute the standard agreement, any amendments thereto, and any related documents necessary; and authorize the corresponding budget amendments. Recommended Action: Adopt resolution authorizing submittal of an application from the City of Ukiah for $5,150,000 in HOME Investment Partnerships Program funds for a Rental Rehabilitation Project; and if selected, authorize the City Manager to execute the standard agreement, any amendments thereto, and any related documents necessary; and authorize the corresponding budget amendments if awarded the grant. BUDGET AMENDMENT REQUIRED: N/A CURRENT BUDGET AMOUNT: N/A PROPOSED BUDGET AMOUNT: N/A FINANCING SOURCE: HOME Investment Partnerships Program PREVIOUS CONTRACT/PURCHASE ORDER NO.: COORDINATED WITH: Craig Schlatter, Community Development Director; Andrea Trincado, Grants Manager DIVERSITY-EQUITY INITIATIVES (DEI): Goal 5 – Instill diversity, equity, and inclusion as essential core elements of policy-making, accountability, and delivery of City services. CLIMATE INITIATIVES (CI): GENERAL PLAN ELEMENTS (GP):GP-A8 - Housing Element (2019-2027) Page 69 of 157 Page 3 of 3 Page 70 of 157 STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT DIVISION OF FEDERAL FINANCIAL ASSISTANCE HOUSING BRANCH 2020 W. El Camino Avenue, Suite 200, P.O. Box 952054 Sacramento, CA 94252-2054 (916) 263-2771 www.hcd.ca.gov January 19, 2024 MEMORANDUM FOR: ALL POTENTIAL APPLICANTS FROM: Sasha Hauswald, Deputy Director Division of Federal Financial Assistance SUBJECT: HOME Investment Partnerships Program (HOME) 2022-2023 Notice of Funding Availability The California Department of Housing and Community Development (Department) is pleased to announce the release of this Notice of Funding Availability (NOFA) for approximately $120 million in federal funds for the HOME Investment Partnerships Program (HOME). Funding for this NOFA is from the FY 2022 and FY 2023 allocations, plus unencumbered funds and Program Income from previous years’ allocations. The funding level may change due to the factors listed in the Section I (A) of this NOFA. This funding provides loans or grants to eligible HOME Applicants serving low-income [at or below 80 percent (80%) of Area Median Income (AMI)] and very low-income [at or below 50 percent (50%) of AMI] households. This NOFA is subject to state and federal HOME regulations. The Department will target 20 percent (20%) of the HOME funding for Eligible Applicants that meet the definition of a Native American Entity as set forth and provided in this NOFA. The Department and HOME Program team will provide comprehensive technical assistance to Native American Entities throughout the application process and during implementation of the Project or Program. The Department will also target $18 million of HOME funding for eligible activities located in Federally Declared Disaster Areas, as set forth and provided in this NOFA. The HOME funds provided through this NOFA will be awarded on a competitive basis for State Recipients (including Native American Entities), CHDOs, and Developers as defined in this NOFA. Funding may be used for the following eligible uses: Project Activities •Multi-family Rental Projects (new construction and/or rehabilitation with or without acquisition); and •First-Time Homebuyer (“FTHB”) Projects (subdivision development) Program Activities •FTHB Programs, including in-fill new construction programs where feasible; •Owner-Occupied Rehabilitation (“OOR”) Programs; and •Tenant-Based Rental Assistance (“TBRA”) Programs ATTACHMENT 1 Page 71 of 157 HOME Investment Partnerships Program (HOME) 2022-2023 NOFA Page 2 To be considered, each Applicant must submit a complete application for each HOME Project Activity and/or a Program Activity combined application with required documentation via the eCivis Grants Management System (“GMS”) Portal, only. The Department will begin accepting applications received through the eCivis GMS Portal on February 12, 2024. For cities, counties, CHDOs, and Developers, each completed application package must be submitted no later than 5:00 P.M. Pacific Daylight Time (PDT) on April 9, 2024. For Native American Entity Applicants (whether a Federally Recognized Tribe or Non-Federally Recognized Tribe), each completed application package must be by no later than 5:00 P.M. PDT on May 9, 2024. Timeline NOFA Release January 19, 2024 Webinars February 2024 Competitive application submittal period for cities, counties, CHDOs, and Developers From February 12, 2024, through April 9, 2024, 5:00 P.M. PDT Competitive application submittal period for Native American Entities (NAE-FRTs and NAE-NFRTs) From February 12, 2024, through May 9, 2024, 5:00 P.M. PDT If the NOFA results in insufficient applications to award all available funds, the Department reserves the right to reopen the application submission period for over-the- counter (OTC) applications on a first come, first served basis. All activities in this NOFA are subject to the availability of funds and continuing U.S. Department of Housing and Urban Development (“HUD”) and legislative authority. Applications Applicants are encouraged to set up their profiles and upload attachments and documents in the eCivis GMS Portal located at https://portal.ecivis.com/#/login early to ensure successful submissions prior to the application deadline. If Applicants experience trouble logging into the portal or have questions on how to complete the online application, please contact the Department at HOMENOFA@hcd.ca.gov. The Department will hold a series of webinars in February 2024 to review the NOFA and application process. A list of webinar dates, times, and how to register, is available on the Department’s HOME website at https://www.hcd.ca.gov/grants-and- funding/programs-active/home-investment-partnerships-program. Assistance setting up a profile, submitting an application, and managing awards through the eCivis GMS portal is available under the Training and Technical Assistance tab on the Department’s website at https://www.hcd.ca.gov/grants-and-funding/programs-active/home- investment-partnerships-program Additionally, technical assistance sessions will be offered during the application period to assist Applicants with questions regarding the application and application process. Applicant seeking technical assistance can send email to the HOMENOFA@hcd.ca.gov email address and a session will be scheduled. Page 72 of 157 HOME Investment Partnerships Program (HOME) 2022-2023 NOFA Page 3 The Department will not accept applications through personal, postal, and/or shipment deliveries, facsimiles, email, walk-in, or any other forms of delivery other than the eCivis GMS Portal. Links to the eCivis GMS Portal, supplemental application forms, regulations, and program information are available at https://www.hcd.ca.gov/grants-and- funding/programs-active/home-investment-partnerships-program. To receive HOME NOFA FAQs and other program information and updates, please be sure to subscribe to the federal programs email list at https://www.hcd.ca.gov/contact-us/email-signup. Please direct any questions regarding this NOFA to the HOME program at: HOMENOFA@hcd.ca.gov. Attachments Page 73 of 157 HOME INVESTMENT PARTNERSHIPS PROGRAM (HOME) 2022-2023 Notice of Funding Availability Gavin Newsom, Governor State of California Melinda Grant, Undersecretary Business, Consumer Services and Housing Agency Gustavo Velasquez, Director California Department of Housing and Community Development 2020 W. El Camino Avenue, Suite 500, Sacramento, CA 95833 Phone: (916) 263-2771 Website: https://www.hcd.ca.gov/grants-and-funding/programs-active/home- investment-partnerships-program Email address: HOMENOFA@hcd.ca.gov January 19, 2024 Page 74 of 157 Table of Contents I. Overview .............................................................................................................................................. 2 A. Notice of Funding Availability ......................................................................................................... 2 B. Timeline ......................................................................................................................................... 3 C. Authorizing Legislation and Regulation Authority ........................................................................... 3 D. Application Submission Process .................................................................................................... 5 E. Definitions...................................................................................................................................... 6 II. Program Requirements ....................................................................................................................... 10 A. Eligible Applicants ....................................................................................................................... 10 B. Additional HOME Eligibility Criteria .............................................................................................. 15 C. Eligible Activities (Pursuant to 24 C.F.R. § 92.205(a)) ................................................................. 15 D. Ineligible Use of Project Funds .................................................................................................... 18 E. Activity Combination and Limits ................................................................................................... 18 F. Allocation of Funding ................................................................................................................... 19 G. Activity Funding Amounts and Limits ........................................................................................... 21 H. Program Income and Recaptured Funds ..................................................................................... 25 I. Period of Affordability .................................................................................................................. 26 J. Forms of Assistance .................................................................................................................... 27 K. Administrative and CHDO Operating Funds ................................................................................ 28 L. Project-Related Soft Costs .......................................................................................................... 29 III. State and Federal Requirements ........................................................................................................ 31 A. Property Standards and Physical/Capital Needs Assessments .................................................... 31 B. Timeframes for Use of Funds ...................................................................................................... 31 C. Match Requirements ................................................................................................................... 32 D. Transition Reserve Policy ............................................................................................................ 33 E. Annual Monitoring Fees for Multifamily Projects .......................................................................... 33 IV. Application Review ............................................................................................................................. 34 A. Minimum Application Requirements (Threshold).......................................................................... 34 B. Rating and Ranking ..................................................................................................................... 37 C. Project Activity Application Scoring Factors and Evaluation ......................................................... 38 D. Program Activities Application Scoring Factors and Evaluation ................................................... 47 E. Point Deduction Rules ................................................................................................................. 50 F. Rental Project Scoring and Notification ........................................................................................ 50 G. Project Activity Feasibility Review ................................................................................................ 51 H. Appeals ....................................................................................................................................... 51 V. Award Announcements and Contracts ................................................................................................ 52 A. Award Announcements................................................................................................................ 52 Page 75 of 157 B. Contracts ..................................................................................................................................... 53 VI. Federal and State Overlays ............................................................................................................... 53 VII. Other Terms and Conditions ............................................................................................................... 59 A. Right to Modify or Suspend.......................................................................................................... 59 B. Conflicts ...................................................................................................................................... 59 C. False, Fictitious or Fraudulent Claims .......................................................................................... 59 D. Detecting, Preventing, and Reporting Fraud ................................................................................ 59 E. Combating Fraud ......................................................................................................................... 59 F. Whistleblower Protection Acts ..................................................................................................... 60 G. Cancellation and Defaults ............................................................................................................ 62 H. Loan Closing Requirements ........................................................................................................ 62 VIII. List of Appendices .............................................................................................................................. 62 Page 76 of 157 California Department of Housing and Community Development 2 HOME 2022-2023 NOFA HOME INVESTMENT PARTNERSHIPS PROGRAM (HOME) NOTICE OF FUNDING AVAILABILITY I. Overview A. Notice of Funding Availability The California Department of Housing and Community Development (Department) is pleased to announce the release of this Notice of Funding Availability (NOFA) for approximately $120 million in federal funds for the HOME Investment Partnerships Program (HOME). This HOME NOFA provides funding for housing project activities and housing program activities in “non-entitlement jurisdictions,” which are jurisdictions and unincorporated areas that do not receive HOME funding directly from HUD. These HOME funds will be used to benefit residents of non-entitlement jurisdictions and are specifically designed to assist low-income households by providing affordable housing. All eligible HOME activities must benefit low- income renters, homebuyers, or homeowners. The amount of funding available through this NOFA may vary depending on several factors, including, but not limited to, the Department’s administrative determination of need, changes in legislation directing the Department to make additional funds available, new emergency allocations of funding, or newly available funding from the disencumbrance of previous awards. If additional funding becomes available, the Department may continue evaluating the list of eligible Applicants and make awards up to the additional funding amount available or release an additional NOFA to announce the targeted purpose of the funds. These funds may be used in conjunction with other local, state, and federal rental housing programs to assist the same units in the proposed Project development, not to exceed the HOME Program maximum per-unit subsidy limits and the actual development cost of the unit. All requirements must be met for each funding source, and, if in conflict, the most restrictive programs’ requirements apply. It is the Applicant’s responsibility to review all applicable regulations and/or guidelines for every funding source anticipated to be used in the development the Project. Pursuant to both federal and state law, all HOME costs must be: (1) necessary, (2) reasonable, (3) contain no duplication of benefit, (4) not used to supplant local or state resources, (5) free from fraud, and (6) an eligible use of HOME funds. The funds available in this NOFA will be used to meet the following statewide goals in accordance with the Department’s 2020-2024 Consolidated Plan and the Department’s 2022-2023 Annual Action Plan, as the same may be amended from time to time, serving low-income households earning at or below 80 percent (80%) of Area Median Income (AMI) and very low-income households earning at or below 50 percent (50%) of AMI: • Increase the supply of affordable rental housing; • Expand homeownership opportunities and improve existing housing; Page 77 of 157 California Department of Housing and Community Development 3 HOME 2022-2023 NOFA • Addressing and preventing homelessness; and • Recovery assistance for natural disaster survivors B. Timeline The following table summarizes the anticipated HOME Program timeline. The Department reserves the right to modify the projected timeline at any time. Any changes to the timeline will be communicated through the Department’s HOME Listserv (https://www.hcd.ca.gov/contact-us/email-signup). Table 1 – Timeline NOFA Release January 19, 2024 Competitive application due date for cities, counties, CHDOs, and Developers April 9, 2024, by 5:00 P.M. Pacific Daylight Time (PDT) Competitive application due date for Native American Entities (NAE-FRTs and NAE-NFRTs) May 9, 2024, by 5:00 P.M. PDT Anticipated Award Announcements Program Activities Project Activities with 9% tax credits Project Activities with 4% tax credits and no tax credits July 2024 September/October 2024 September/October 2024* *Based on volume these dates may change. C. Authorizing Legislation and Regulation Authority This NOFA should be read in conjunction with the following regulations, statutes, and plans, which establish state and federal HOME requirements: • State HOME Regulations (25 C.C.R. § 8200 et seq.) https://www.hcd.ca.gov/grants-and-funding/programs-active/home- investment-partnerships-program • State Uniform Multifamily Regulations (“UMRs”) (25 C.C.R. § 8300 et seq.) https://www.hcd.ca.gov/grants-and-funding/uniform-multifamily- regulations • Federal HOME Investment Partnerships Act Statutes at Title II of the Cranston-Gonzalez National Affordable Housing Act, as amended, 42 Page 78 of 157 California Department of Housing and Community Development 4 HOME 2022-2023 NOFA U.S.C. 12701 et seq. https://www.hud.gov/sites/documents/19576_HOMELAWS.PDF • Federal HOME Regulations (24 C.F.R. Part 92) https://www.hudexchange.info/programs/home/home-laws-and- regulations/ • Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 C.F.R. Part 200) https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200?toc=1 • State of California 2022-2023 Annual Action Plan https://www.hcd.ca.gov/sites/default/files/docs/policy-and-research/plan- report/StateofCADraft-2022-2023-AAP-12-6-22.pdf All regulatory references are to the state and federal HOME regulations unless otherwise noted. Other helpful resources, including CPD Notices, Policy Memos, and other HUD Policy Guidance for the HOME Program can be found at https://www.hudexchange.info/programs/home/. Several of the terms used in the HOME NOFA have specific meanings defined by state and/or federal HOME regulations. When reviewing this NOFA and the application forms, carefully review the regulations for further defined terms. State HOME definitions are found in 25 C.C.R. § 8201 and 8217 and federal HOME definitions are found in 24 C.F.R. § 92.2. If state or federal statutes or regulations, or other laws, policies, or procedures governing HOME or its funding are modified by Congress, the U.S. Department of Housing and Urban Development (HUD), the state Legislature, or the Department prior to completion of work to be done pursuant to awards made in connection with this NOFA, the changes may become effective immediately and apply to funded activities. Any inconsistencies between this NOFA and state or federal HOME regulations will be resolved in favor of applicable regulations, unless a waiver or modification was approved by the Director in accordance with AB 1010 (Chapter 660, Statutes of 2019) in those instances, the waiver or modification will prevail when not in conflict with the federal HOME regulations. The Department reserves the right at its sole discretion to suspend, amend, and/or supplement the provisions of this NOFA from time to time. If such action occurs, the Department will notify interested parties through the Department’s HOME Listserv (https://www.hcd.ca.gov/contact-us/email-signup). Native American Entities The state requirements set forth in the HOME NOFA are subject to Assembly Bill 1010 (Chapter 660, Statutes of 2019) (“AB 1010”) which is set forth in Health and Safety Code (HSC) § 50406(p), (a) where the provisions of tribal law, tribal governance, tribal charter, or difference in tribal entity or legal structure would cause a violation or not satisfy the requirements of the HOME NOFA, said requirements may be modified as necessary to ensure program compatibility; Page 79 of 157 California Department of Housing and Community Development 5 HOME 2022-2023 NOFA and (b) where the provisions of tribal law, tribal governance, tribal charter, or difference in tribal entity or legal structure or agency create minor inconsistencies (as determined by the Director of the Department or a duly authorized designee thereof) with the requirements set forth in the HOME NOFA, the Department may waive said requirements, as deemed necessary, to avoid an unnecessary administrative burden. Matters set forth or otherwise provided for in the HOME NOFA that may be modified or waived include, without limitation, threshold scoring requirements and any other matter set forth in HSC § 50406(p)(2). Native American Entity Applicants, whether federally recognized or non-federally recognized, are accordingly encouraged to discuss any such potential modifications or waivers and their options in that regard at or during an optional pre-application technical assistance meeting. Native American Entity Applicants should be aware that AB 1010 cannot be used to modify or waive federal HOME statutory and regulatory requirements or state statutory requirements. There may be other federal laws or federal doctrines that could provide a basis for a possible modification of some federal requirements for Native American Entity Applicants. An example is where a Native American Entity has its own Tribally Determined Wage, in which case Davis Bacon wage requirements are not applicable. Native American Entity Applicants are encouraged to begin the AB 1010 waiver process before their application is submitted in order to allow time for the Department to review and make a legal decision on the request. D. Application Submission Process The Department will accept applications submitted via the eCivis application portal under this NOFA. Application acceptance and evaluation is subject to the state and federal regulations and the terms outlined in this NOFA. It is the Applicant’s responsibility to ensure that the submitted application is clear, complete, and accurate. Electronic Application Submission Process All Applicants must create an eCivis Profile prior to completing an application. Once the profile is created, the Applicant must complete an application via the eCivis GMS Portal. Application current forms are available on the HOME website at https://www.hcd.ca.gov/grants-and-funding/programs-active/home-investment- partnerships-program. All applications must be uploaded to the eCivis GMS Portal no later than the deadlines specified in Section I (B) Timeline of this NOFA. The Department will not accept applications through personal, postal, shipment deliveries, facsimiles, email, walk-ins, or any other forms of delivery other than the eCivis GMS Portal. Applicants that do not meet the filing deadline requirements will not be eligible for funding. Applications must be on the Department’s current forms and cannot be altered or modified by the Applicant. Excel forms must be in Excel format, not converted to a PDF document. Page 80 of 157 California Department of Housing and Community Development 6 HOME 2022-2023 NOFA After the applicable application deadline, Department staff may request clarifying information and/or inquire as to where in the application specific information is located, provided that such information does not affect the competitive rating of the application. No information, whether written or oral, will be solicited or accepted if this information would result in a competitive advantage to an Applicant or a competitive disadvantage to other Applicants. If the Department deems the application incomplete, or it fails to provide the minimum requirements, the Applicant may appeal the determination following the guidance in Section IV (H) Appeals of this NOFA. Disclosure of Application Information provided in the application will become a public record available for review by the public, pursuant to the California Public Records Act (Chapter 1473, Statutes of 1968) (PRA). As such, any materials provided will be disclosable to any person making a request under this Act. 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 receipt of a PRA request. Concurrent Applications The Department understands the unique challenges of the current funding environment. Therefore, the Department will allow HOME NOFA Applicants to pursue funding from more than one Department funding Program. Separate concurrent application(s) to other HCD Program funding source(s) is permitted under this HOME NOFA. These Applicants, however, MUST submit within each application a disclosure of all Department applications under review and/or applications anticipated to be submitted, regardless of who is applying for funding (e.g., city, county, Developer, sponsor, etc.). For all anticipated applications with NOFAs subsequent to the HOME NOFA application due date, Applicants must immediately notify HOME Program staff via the HOME NOFA mailbox at the time the additional application is submitted (HOMENOFA@hcd.ca.gov). In instances where such Applicants are competitive for an award, the Department will also engage in consultation with Applicants to discern which funding scenario(s) are optimal for Project feasibility while balancing cost containment. If a concurrent application is for Department-administered state program funding and the Project receives a state program award, this may result in a reduction of either award amount. The HOME Program’s approach for HOME NOFA Applicants may be to reduce the Department-administered state program award commensurately with any amounts awarded under the HOME Program NOFA. E. Definitions “Applicant” is any eligible State Recipient, CHDO, Developer, or Native American Entity which submits an application to the Department to operate programs or develop or rehabilitate Projects using HOME funds within a specified Page 81 of 157 California Department of Housing and Community Development 7 HOME 2022-2023 NOFA jurisdictional boundary, in accordance with 25 C.C.R. § 8201 and 8204 and HSC § 50896. A Developer of a Project shall not act as administrative subcontractor for the activity. “Awardee" means the eligible Applicant (and, if applicable, the Co-Applicant) that has been awarded funds from the Department under the HOME Program, and that will be held responsible for compliance with and performance of all HOME requirements. “Choice-Limiting Actions” means an action that may have an adverse impact on the environment or limit the choice of reasonable alternatives. A Choice-Limiting Action may include, but is not limited to, executing a purchase and sale agreement, signing a lease agreement, real property acquisition, rehabilitation, repair, demolition, disposition, or new construction. For the purposes of environmental review, the Project is the aggregation of all activities that are required to build the Project and must be included in the scope of the environmental review. So even if HOME funds are only used to pay for a portion of the overall Project, Awardees and Subrecipients should still be aware of the activities involved that are considered Choice-Limiting Actions. Activities listed at 24 C.F.R. § 58.35(b) that are Categorically Excluded Not Subject To 24 C.F.R. § 58.5 (e.g., Tenant-Based Rental Assistance, provision of services) are not Choice-Limiting Actions. “Developer” means any legal entity, including Native American Entities (Native American Entities-Federally Recognized Tribes and Native American Entities- Non-Federally Recognized Tribes), that will provide or arrange for design, financing, and construction services in connection with a housing Project as set forth in 25 C.C.R. § 8201(i). A nonprofit organization, formed as a special purpose entity in compliance with 25 C.C.R. § 8313.2, by a Non-Federally Recognized Tribe (NAE-NFRT) as defined herein, may be considered a Developer if the NAE-NFRT satisfies all other Developer eligibility requirements. “Homeless” means the same as defined under the federal Continuum of Care Program at 24 C.F.R. § 578.3, as may be amended and renumbered from time to time. “Homeless” includes “chronically homeless” and “homeless with a disability.” “Homeownership” means ownership in fee simple title in a 1- to 4-unit dwelling or in a condominium unit, or equivalent form of ownership approved by HUD. (1) The land may be owned in fee simple or the homeowner may have a 99-year ground lease. (i) For housing located in the insular areas, the ground lease must be 40 years or more. (ii) For housing located on Indian trust or restricted Indian lands or a Community Land Trust, the ground lease must be 50 years or more. (iii) For manufactured housing, the ground lease must be for a period at least equal to the applicable period of affordability in 24 C.F.R. § 92.254. Page 82 of 157 California Department of Housing and Community Development 8 HOME 2022-2023 NOFA “Local Agency” means a city, county, city and county, or a Native American Entity that is a duly constituted governing body of an Indian Reservation or Rancheria, in accordance with HSC § 50077. “Local Public Entity” means any county, city, city and county, Native American Entity that is a duly constituted governing body of an Indian Reservation or Rancheria, 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, in accordance with HSC § 50079. “Native American Entity” (“NAE”) means an “Indian Tribe” or a “Tribally Designated Housing Entity” that is any of the following: a) Applicant meets the definition of Indian Tribe under Section 4103(13)(B) of Title 25 of the United States Code; b) Applicant meets the definition of Tribally Designated Housing Entity under 25 U.S.C. 4103(22); or c) If Applicant is not a federally recognized tribe as identified above, Applicant is either: (1) Listed in the Bureau of Indian Affairs Office of Federal Acknowledgment Petitioner List, pursuant to 25 C.F.R. Part 83.1; or (2) An Indian Tribe located in California that is on the contact list maintained by the Native American Heritage Commission for the purposes of consultation pursuant to GC Section 65352.3, and 3) has formed and controls a special purpose entity in compliance with 25 C.C.R. § 8313.2. “Native American Entity – Federally Recognized Tribe (“NAE-FRT”) means any Tribal Government which is a federally recognized tribe as defined at 25 U.S.C. section 4103(13)(B) and includes a duly constituted governing body of an Indian Reservation or Rancheria as Health and Safety Code section 50077 and 50079; or is a Tribally Designated Housing Entity under 25 U.S.C. section 4103(22). A NAE-FRT may apply as a State Recipient or Developer for HOME Funds. “Native American Entity – Non-Federally Recognized Tribe” (“NAE-NFRT”) means any Tribal Government which is an Indian Tribe located in California that is not a federally recognized tribe and is either: (1) listed in the Bureau of Indian Affairs Office of Federal Acknowledgment Petitioner List, pursuant to 25 C.F.R. Part 83.1, and has formed and controls a special purpose entity in compliance with 25 C.C.R. § 8313.2; or (2) listed on the contact list maintained by the California Native American Heritage Commission for the purposes of consultation pursuant to Government Code (GC) § 65352.3, and (3) has formed and controls a special purpose entity in compliance with 25 C.C.R. § 8313.2. A NAE-NFRT may only apply as a Special Purpose Entity Developer for HOME funds for project activities. “Native American Lands” means real property located within the State of California that meets the following criteria: (1) is trust land for which the United States holds title to the tract or interest in trust for the benefit of one or more tribes or individual Indians, or is restricted Indian land for which one or more tribes or individual Indians holds fee title to the tract or interest but can alienate or encumber it only with the approval of the United States; and the land may be leased for housing development and residential purposes under federal law; or Page 83 of 157 California Department of Housing and Community Development 9 HOME 2022-2023 NOFA (2) lands outside the jurisdiction of tribal government owned or co-owned by a Native American Entity in accordance with 25 C.C.R. § 8201(y). “Native American Entity (NAE) Service Area” means the area where the Project is located within the NAL and includes lands outside the NAE tribal government jurisdiction up to 100 miles from the boundary of the NAE trust or restricted land as defined at 25 U.S.C. 2201 that is within non-entitlement jurisdictions. “Project” means a site or sites together with any building (including a manufactured housing unit) or buildings located on the site(s) that are under common ownership, management, and financing and are to be assisted with HOME funds as a single undertaking under this part. The Project includes all the activities associated with the site and building. For tenant-based rental assistance and program activities, Project means assistance to one or more families. “Project Commitment” means the date the state has executed a Standard Agreement with an Awardee that includes the date and signature of each person signing the agreement, and that meets the minimum requirements of a Standard Agreement as defined in 24 C.F.R. § 92.504(c). Additionally, if the Department or the Awardee is providing HOME assistance to a family to acquire single-family housing for homeownership, the Department or the Awardee and the family have executed a written agreement under which the HOME assistance will be provided, and the property title will be transferred to the family or purchaser within six months of the agreement date. If the Department or the Awardee is providing HOME assistance to a family in the form of Tenant-Based Rental Assistance (TBRA), the Department or the Awardee has entered into a rental assistance agreement with the owner or the tenant in accordance with the provisions of 24 C.F.R. § 92.209. “Project Completion” means that all necessary title transfer requirements and construction work have been performed; the Project complies with the requirements of this part (including the property standards under 24 C.F.R. § 92.251); the final drawdown of HOME funds has been disbursed for the Project; and the Project Completion information has been entered into the disbursement and information system established by HUD, except that with respect to rental housing Project Completion, for the purposes of 24 C.F.R. § 92.502(d) of this part, Project Completion occurs upon completion of construction and before occupancy. For tenant-based rental assistance, Project Completion means the final drawdown has been disbursed for the Project. Depending on the Project’s funding mix, the Department may also require a recorded Notice of Completion, Certificate of Occupancy, and/or evidence of stabilized rents to demonstrate Project Completion. “Special Needs Populations” means the same as defined under section 7301 of the Multifamily Housing Program guidelines: agricultural workers, individuals living with physical or sensory disabilities and transitioning from hospitals, nursing homes, development centers, or other care facilities; individuals living with developmental disabilities, serious mental illness, or substance abuse Page 84 of 157 California Department of Housing and Community Development 10 HOME 2022-2023 NOFA disorders; individuals who are survivors of domestic violence, sexual assault, and human trafficking; individuals who are experiencing homelessness; individuals with HIV; homeless youth as defined in California Government Code § 129571(2); families in the child welfare system for whom the absence of housing is a barrier to family reunification, as certified by a county; frequent users of public health or mental health services, as identified by a public health or mental health agency; frail elderly persons; or other specific groups with unique housing needs as determined by the Department. “Special Needs Populations” do not include seniors unless they otherwise qualify as a Special Needs Population. “Special Purpose Entities” means the legal entity or combination of legal entities with continuing control of the HOME Project and conforms with the requirements of 25 C.C.R. § 8313.2. “State Recipient” means a “unit of general local government” designated by the State to receive HOME funds, in accordance with, as provided at 24 C.F.R. § 92.201(b)(2) and 25 C.C.R. § 8201(ii) and includes NAE-FRTs. NOTE: HUD has opined in a HUD letter to the Department dated March 16, 2016, that NAE-FRTs are considered a “unit of general local government” and thus eligible for HOME funds as a State Recipient. The Department, upon request, will produce a copy of the HUD letter dated March 16, 2016. “Subrecipient” means a public agency or nonprofit organization selected by the Department to administer the State HOME Program to produce affordable housing, provide down payment assistance, or provide tenant-based rental assistance. A public agency or nonprofit organization that receives HOME funds solely as a Developer or owner of a housing project is not a Subrecipient, as provided at 24 C.F.R. § 92.2. NOTE: HUD has opined in a HUD letter to the Department dated March 16, 2016, that the definition of “public agency” is construed broadly to mean “governmental entity” and thus includes NAE-FRTs to be eligible for HOME funds as a Subrecipient. II. Program Requirements The following is provided as only a summary and is not to be considered a complete representation of the entirety of the eligibility, threshold, or other requirements or terms and conditions of the HOME program. A. Eligible Applicants 1. State Recipients, as defined by this NOFA, including NAE-FRTs To meet the definition of an eligible State Recipient, Applicants must meet the following criteria: a. Have not been designated as a HOME Participating Jurisdiction by HUD; b. Are not participants in an Urban County Agreement with a county that is designated as a Participating Jurisdiction; c. Are not participants in a HOME Consortium; and Page 85 of 157 California Department of Housing and Community Development 11 HOME 2022-2023 NOFA d. Are proposing Project or Program Activities that will be located or carried out in the Applicant’s defined service area. Generally, this will be within the Applicant’s city limits, a county’s unincorporated area, or on or within 100 miles of Native American Lands as defined in 25 C.C.R. § 8201(y)(1) and within non-entitlement jurisdictions. NOTE: NAE-FRTs must only carry out program activities within the defined NAE Service Area. NAE-FRTs must carry out project activities located within the state HOME program’s non-entitlement jurisdictional boundaries, which includes Native American Lands located within California. Eligible city and county jurisdictions for 2022 and 2023 federal HOME funds are listed in Appendix A. If a city or county jurisdiction (jurisdiction) is not listed in Appendix A and is of the opinion that the jurisdiction is eligible to apply to the Department for HOME funds, the jurisdiction must submit a copy of the consortium or urban county agreement indicating that the jurisdiction is not a participant of a FY 2022-2023 or FY 2023-2024 HOME consortium or Urban County Agreement. The copy must be submitted no later than April 9, 2024, to the Department at HOMENOFA@hcd.ca.gov. 2. Eligible CHDOs (State-certified Community Housing Development Organizations (CHDOs) as defined by 25 C.C.R. § 8201(f)) a. CHDO Applicants must meet all the requirements found at 24 C.F.R. § 92.2 at the time of application submittal and be certified by the Department prior to any project activity or program activity funding award through this NOFA. b. CHDO Applicants will be required to submit through the eCivis GMS Portal the following documents required to complete the certification review prior to or as part of the application package: (1) A copy of the letter from the Internal Revenue Service demonstrating exemption under Section 501(c)(3) or (4) and evidence of good standing from the California Franchise Tax Board dated no more than 12 months prior to the date Applicant applies for certification. (2) A copy of the corporation’s financial statement that is dated no more than 12 months prior to the date Applicant applies for certification. (3) A copy of the corporation’s bylaws, containing at a minimum, the governing board composition, the fulfillment and maintenance of 1/3 representation requirement found in 24 C.F.R. § 92.2, description of the manner in which board members are selected, evidence of purpose of the organization that complies with requirement in 24 C.F.R. § 92.2, disclosure of relationships with for-profit individuals and or entities, if any, as they relate to the governance of the corporation. (4) A copy of the corporation’s articles of incorporation and any amendments. (5) A copy of Certificate of Status from the California Secretary of State Page 86 of 157 California Department of Housing and Community Development 12 HOME 2022-2023 NOFA dated no more than 12 months from the date of application of certification. (6) A description of the formal process used to solicit advice from low- income beneficiaries in decisions regarding design, citing, development, and management of affordable housing. (7) A plan that describes tenant participation in management decisions for a rental project and the proposed fair lease and grievance procedures pursuant to 24 C.F.R. § 92.303. (8) A list of current staff members responsible for any proposed HOME activity, with resumes. If staff do not have capacity, a commitment to hire an experienced consultant and a training plan must be submitted with the application for certification. For its first year of funding as a CHDO, an organization may satisfy this requirement through a contract with a consultant who has housing development experience to train appropriate key staff of the organization. (9) Evidence of the Applicant’s history serving the community within which housing to be assisted with HOME funds is to be located. (10) A list of current board members, their occupations, and the names of their employers. (11) A document that demonstrates to the satisfaction of the Department that any and all audit findings will have been resolved prior to receiving Department funding. (12) Evidence the CHDO has not been debarred or suspended from participation in federal or state housing or community development projects or programs. (13) Board Member Certifications completed and signed by each Board Member. c. Projects being funded through this NOFA with the CHDO set-aside are required to be “owned, developed, or sponsored” by an eligible state certified CHDO. “Owned, developed, and sponsored” are defined at 24 C.F.R. § 92.300 as: (1) Owner: Rental housing is “owned” by the CHDO if the CHDO is the owner in fee simple absolute of multifamily or single-family housing (or has a long-term ground lease meeting the requirements of 25 C.C.R. § 8316) for rental to low-income families in accordance with 24 C.F.R. § 92.252. If the housing is to be rehabilitated or constructed, the CHDO hires and oversees the Developer that rehabilitates or constructs the housing. At minimum, the CHDO must hire or contract with an experienced Project manager to oversee all aspects of the development, including obtaining zoning, securing non-HOME financing, selecting a Developer or general contractor, overseeing the progress of the work and determining the reasonableness of costs. The CHDO must own the rental housing during development and for a period at least equal to the period of affordability. If the CHDO acquires Page 87 of 157 California Department of Housing and Community Development 13 HOME 2022-2023 NOFA housing that meets the property standards in 24 C.F.R. § 92.251, the CHDO must own the rental housing for a period at least equal to the period of affordability. This option is available to CHDOs having experience and capacity to own and operate affordable rental housing but lack the experience or capacity to develop the Project. This option is not available if the Project is owned by a limited partnership entity (see Sponsor paragraph below). (2) Developer: The CHDO may act as Developer if the CHDO is the owner of multifamily or single-family housing in fee simple absolute (or has a long-term ground lease meeting the requirements of 25 C.C.R. § 8316) and the Developer of new housing that will be constructed or existing substandard housing that will be rehabilitated for rent to low-income families in accordance with 24 C.F.R. § 92.252. To be the Developer, the CHDO must be in sole charge of all aspects of the development process, including obtaining zoning, securing non-HOME financing, selecting architects, engineers and general contractors, overseeing the progress of the work, and determining the reasonableness of costs. At a minimum, the CHDO must own the housing during development and for a period at least equal to the period of affordability. This option is not available if the Project is owned by a limited partnership entity (see Sponsor paragraph below). CHDOs are not allowed to act as Developer in Projects where the CHDO does not have a long-term ownership interest and contractual relationship with the Project owner (i.e., a Development Services Agreement) to develop the Project. (3) Sponsor: 24 C.F.R. Part 92 provides two explanations of what it means to “sponsor” a HOME-assisted rental housing Project. a) A CHDO “sponsors” a Project when the property is “owned” or “developed” by: o An affiliated subsidiary of the CHDO, which is wholly owned by the CHDO; o A limited partnership of which the CHDO or its wholly owned affiliated subsidiary is the sole general partner; or o A limited liability company of which the CHDO or its wholly owned affiliated subsidiary is the sole managing member. b) A CHDO may “sponsor” a Project in situations where the CHDO owns the property (in fee simple absolute), develops the housing, and agrees to convey the housing to a different private nonprofit organization at a predetermined point in time after Project Completion. The nonprofit to which the Project will be conveyed does not need to be a CHDO but must be identified and approved by the Department prior to Project Commitment of HOME funds. Additionally, this nonprofit cannot be created by a Page 88 of 157 California Department of Housing and Community Development 14 HOME 2022-2023 NOFA governmental entity. If for any reason the Project is not transferred to this nonprofit, the CHDO remains liable for the HOME funds and Project for the term of the affordability period. c) If awarded HOME funds, CHDOs must obtain all necessary permanent Project financing, including the permanent financing for the required period of affordability, and must execute a Standard Agreement with the Department pursuant to 25 C.C.R. § 8217(b)(1). d. CHDO FTHB Projects and Infill New Construction site control and ownership requirements: (1) Housing for homeownership is “developed” by the CHDO if the CHDO is the owner (in fee simple absolute) and developer of new housing that will be constructed or existing substandard housing that will be rehabilitated for sale to low-income families in accordance with 24 C.F.R. § 92.254. (2) Pursuant to Pursuant to 24 C.F.R. § 92.300(a)(6)(i), to be the “developer,” the CHDO must arrange financing of the Project and be in sole charge of construction. The CHDO may provide direct homeownership assistance (e.g., down payment assistance) when it sells the housing to low-income families and the CHDO will not be considered a subrecipient. The HOME funds for down payment assistance shall not be greater than 10 percent (10%) of the total amount of HOME funds awarded for development of the housing. (3) The state or the State Recipient must determine and set forth in its written agreement with the CHDO the actual sales prices of the housing or the method by which the sales prices for the housing being developed will be established. (4) Prior to award, CHDOs must be certified to serve the jurisdiction in which the Project is located, and the jurisdiction must be eligible to receive state HOME assistance funds. 3. Eligible Developers as defined by this NOFA Developers must satisfy all other eligibility requirements detailed in this NOFA including, but not limited to, experience and capacity requirements. Developers may partner with a State Recipient Applicant in addition to submitting one application on its own, however both applications must not be for the same Project. NAE-NFRTs may only apply as a Developer for HOME funds and are not eligible to apply as State Recipients or CHDOs. NAE-NFRTs applying as a Developer may only apply for project activities. NOTE: A Limited Partnership (LP) is not considered an eligible Applicant/Awardee but may be the ultimate borrower under specific circumstances. If an eligible Applicant intends to create a LP, please consult with HOME staff prior to submitting an application. Page 89 of 157 California Department of Housing and Community Development 15 HOME 2022-2023 NOFA B. Additional HOME Eligibility Criteria 1. Minimum Expenditure Requirement for Program Activities (50 Percent Rule) Pursuant to 25 C.C.R. § 8204(b), Applicants with current HOME Program Activities contracts, for which the expenditure deadline established in the contract(s) has not yet passed, shall be ineligible to apply for a program activity unless the Applicant has expended at least fifty percent (50%) of the aggregate total of program funds originally awarded by this NOFA’s applicable application due date. Potential Applicants with no open HOME Program Activities contracts are not affected by this rule. “Expended” funds are the total of all valid Administrative and Project Drawdown Requests (PDRs) or, for TBRA, future commitments on Project Set-up Reports received by the Department by the NOFA application deadline. Additionally, for FTHB and OOR, a valid PDR is limited to the amount needed for reimbursement of actual expenses for work that has been completed (Work Completed). Work Completed varies by activity as follows: a. FTHB activity: escrow has closed, as evidenced by a final HUD Settlement Statement; b. OOR activity: construction completed and inspected; c. TBRA activity: rental payment assistance amount multiplied by the number of months in the individual tenants’ TBRA agreements, to the extent those funds are available in existing TBRA grants. 2. Applicants must be in good standing with the State of California and all agencies and departments thereof. By way of example and not limitation, if an Applicant is a business entity, such entity must be qualified to do business in California and currently in good standing with the California Secretary of State and the California Franchise Tax Board. C. Eligible Activities (Pursuant to 24 C.F.R. § 92.205(a)) 1. Project Activities — Eligible HOME Project Activities are as follows: a. Rental Projects (1) Rental New Construction Projects — funds are provided to develop a specific multifamily Project on a specific site by a specific Developer. Rental new construction Projects may be with or without acquisition; or (2) Rental Rehabilitation Projects — funds are provided to rehabilitate a specific rental Project on a specific site by a specific Developer, with or without property acquisition. Pursuant to 24 C.F.R. § 92.205(a), “acquisition” is considered a transfer of real property between unaffiliated third parties. Therefore, a “rehabilitation with acquisition Project” is eligible only if there will be an acquisition of real property. A title or vesting Page 90 of 157 California Department of Housing and Community Development 16 HOME 2022-2023 NOFA change of current ownership is not acquisition of property, whether or not monies were exchanged. Applicants requesting project activities funding for a rental Project consisting of multiple sites must be in compliance with 25 C.C.R. § 8303(b). NOTE: Projects proposed for acquisition only are not eligible for funding. b. First-Time Homebuyer (FTHB) Projects Construction financing must include the following: (1) New construction or acquisition/rehabilitation/conversion to develop homes on specific site(s). (2) All (100 percent) of the HOME investment rolls over to permanent financing to provide mortgage assistance to eligible first-time homebuyers when the units are sold to eligible homebuyers. NOTE: Rental and FTHB Projects with multiple sites must have common ownership and financing. 2. Program Activities — Eligible HOME Program Activities are as follows: a. First-Time Homebuyer (FTHB) Program (1) Acquisition-only Down Payment Assistance – funds are awarded to a HOME-eligible Applicant to provide loans to homebuyers for acquisition of a modest dwelling that the homebuyer selects from the open market. NOTE: CHDOs are ineligible for this activity. (2) Infill New Construction – funds are awarded to an eligible State Recipient or CHDO to provide assistance for the new construction of dwellings on scattered sites, with no more than four dwellings per vacant site, subject to the following requirements:  Pursuant to federal National Environmental Policy Act (NEPA) requirements, an environmental assessment (EA) will be required, regardless of the funding source, if there are more than four units developed within 2,000 feet of one another.  Pursuant to the HOME NOFA, to be considered an Infill New Construction program the Applicant must assume the role of developer, own the property during construction, and sell the home to an eligible homebuyer within nine (9) months of Project Completion. All dwellings must be situated on land held in fee simple, leasehold, or another manner approved in writing by the Department, and be affixed to a Page 91 of 157 California Department of Housing and Community Development 17 HOME 2022-2023 NOFA permanent foundation at the time of construction closing. Pursuant to 25 C.C.R. § 8207, the FTHB primary mortgage loan must be fully amortized and have a fixed interest rate that does not exceed the current market rate by more than 100 basis points (1%) as recognized by the 90-day “posted yield” for 30-year fixed rate loans, established by Fannie Mae. Rates are available at https://singlefamily.fanniemae.com/pricing-execution/historical-daily- required-net-yields. For Infill New Construction Projects with costs that exceed 100 percent (100%) of the appraised value, this activity is eligible only if the applicant clearly documents the availability of grant funds or building sites currently owned by the Applicant or Developer. For example, if the Project includes a development grant as a funding source, then the Applicant must provide a commitment letter from the funding source in form and content acceptable to the Department in its sole discretion. b. Owner-Occupied Rehabilitation (OOR) Program Funds to a HOME-eligible Applicant to assist owners whose primary residence is in need of repairs, improvements, or reconstruction necessary for correction of any health and safety deficiencies, and to meet locally adopted standards used for rehabilitation Projects. “Reconstruction” means demolition and rebuilding on the same residential lot. This includes homes destroyed by natural causes as long as HOME funds are committed within 12 months of the date of destruction. c. Tenant-Based Rental Assistance (TBRA) Program For funds provided to a HOME Applicant to administer a program to provide rent subsidies and/or security deposits to eligible households, the minimum term of rental assistance to an eligible household is six months; however, the tenant must be initially offered a one-year lease. TBRA funds may be used to assist tenants to reside in any state HOME- eligible jurisdiction within the county where the TBRA funds were awarded. TBRA funds awarded to NAE-FRTs must be used to assist tenants with housing within the NAE Service Area where the TBRA funds were awarded. For example, TBRA funds awarded to the City of Winters can also be used for units located in West Sacramento, Woodland, and the unincorporated areas of Yolo County, since these jurisdictions are state HOME eligible within Yolo County, but they may not be used in Davis, which is not state HOME eligible. Page 92 of 157 California Department of Housing and Community Development 18 HOME 2022-2023 NOFA D. Ineligible Use of Project Funds Pursuant to 24 C.F.R. § 92.214 federal HOME funds cannot be used for several items, including, but not limited to: 1. Initial deposit to the replacement reserve as required by 25 C.C.R. § 8309. Therefore, in a Project where HOME is the only source of financing, or if other lenders/equity partners will not pay for these costs, the Developer must pay them; 2. Provide tenant-based rental assistance for the special purposes of the existing section 8 program; 3. Provide non-federal matching contributions required under any other federal program; and 4. Applicants may not charge servicing, origination, or other fees for the purpose of covering costs of administering the HOME program (e.g., fees on low- income families for construction management or for inspections for compliance with property standards) (see 24 C.F.R. § 92.206(d)(6) and § 92.207), with exceptions referenced in 24 C.F.R. § 92.214(b)(1). In accordance with the Department’s 2022-2023 Annual Action Plans, HOME funds may not be used to pay for the cost to refinance existing Project debt. Pursuant to 24 C.F.R. § 92.206(a)(4), HOME funds cannot pay for the costs associated to construct or rehabilitate laundry and/or other community facilities located in separate buildings containing no residential units. In addition, any community facilities must be for the exclusive use of the residents and their guests and cannot be available to the general public. Pursuant to 24 C.F.R. § 92.206 (b)(2)(vi), federal HOME funds cannot be used to refinance single family or multifamily housing loans made or insured by any federal program, including CDBG. Additionally, HOME funds cannot provide a duplication of benefit or supplant any other federal, state, or local funds previously committed to the Project. For further ineligible uses of HOME funds, refer to 24 C.F.R. § 92.214. E. Activity Combination and Limits State Recipients (excluding Developers and CHDOs) may apply for multiple eligible activities as follows: 1. One rental Project and one FTHB Project; or 2. One rental Project, and any combination of eligible Program Activities; or 3. One FTHB Project and any combination of eligible Program Activities, except for a FTHB program A separate application must be submitted for each project activity. For program activities, one main application must be submitted, along with a Page 93 of 157 California Department of Housing and Community Development 19 HOME 2022-2023 NOFA sub-application for each desired program activity. Project and program activities are rated and ranked separately. CHDOs may apply for multiple eligible activities as follows: 1. One rental Project and one FTHB Project; or 2. One rental Project or FTHB Project and one FTHB Program Activity of infill new construction Developers (not applying through a State Recipient) may submit one application pursuant to this NOFA. This application may consist of only one eligible activity as follows: 1. One rental rehabilitation Project, with or without acquisition; or 2. One rental new construction Project, with or without acquisition NOTE: Using both HOME FTHB project activity funds and HOME FTHB program activity funds for the same Project is not permitted. F. Allocation of Funding To promote equitable distribution of HOME Program funds, funding made available by this NOFA will be allocated in accordance with the state regulations and targets cited below, to the extent eligible applications are available to fund. Table 2 - Allocation of Funding Funding Targets and Statutory Set-Asides Amount CHDO Set-Aside Pursuant to 24 C.F.R. § 92.300(a), the Department will allocate 15 percent (15%) of total funds available after state administrative costs for HOME allocation for housing to be owned, developed or sponsored by CHDOs. $ 18,000,000 Program Activities Target Pursuant to 25 C.C.R. § 8212.1, the Department will allocate 40 percent (40%) of total funds available after state administrative costs for Program Activities. $ 48,000,000 Rental Projects Target Pursuant to 25 C.C.R. § 8212.1, the Department will allocate 55 percent (55%) of total funds available after state administrative costs for rental Projects. This amount includes a 15% CHDO set-aside. $ 66,000,000 Page 94 of 157 California Department of Housing and Community Development 20 HOME 2022-2023 NOFA First-Time Homebuyer Projects Target Pursuant to 25 C.C.R. § 8212.1, the Department will allocate 5 percent (5%) of total funds available after state administrative costs for FTHB Projects. This amount includes a 15% CHDO set-aside. $ 6,000,000 Rural Areas Target Pursuant to 25 C.C.R. § 8212 (b)(3), the Department will reserve a minimum of 50 percent (50%) of total funds available after state administrative costs, for use in Rural areas as defined in the HSC § 50199.21. $ 60,000,000 Native American Entity Target The Department will target 20 percent (20%) of total funds available after state administrative costs, to target Native American Entity Applications (as either State Recipients or Developers). In the event target funds remain, the allocation will be used to fund non-Native American eligible Applicants until all funds available for this NOFA are awarded. All Native American Entity Applicants must pass threshold and meet any minimum score requirements to be eligible for awards. $ 24,000,000 Federally-Declared Disaster Areas Target The Department will target $18,000,000 for Projects and Programs located in Federally-Declared Disaster Areas pursuant to the HUD memorandum dated May 17, 2023, referencing the federally-declared disaster areas under title IV of the Stafford Act, DR-4699-CA dated April 3, 2023, and DR-4683-CA dated January 27, 2023, as may be amended (https://www.fema.gov/disaster/4699) (https://www.fema.gov/disaster-federal-register- notice/dr-4683-ca-public-notice-001). The Federally- Declared Disaster Areas are the following counties: DR-4683 & DR-4699 IA-Declared Counties Alameda (County) Amador (County) Butte (County) Calaveras (County) Contra Costa (County) Kern (County) Madera (County) Mariposa (County) Mendocino (County) Merced (County) $18,000,000 – from unsubscribed funds (2021- 2022 NOFA) Page 95 of 157 California Department of Housing and Community Development 21 HOME 2022-2023 NOFA Mono (County) Monterey (County) Nevada (County) Sacramento (County) San Benito (County) San Bernardino (County) San Joaquin (County) San Luis Obispo (County) San Mateo (County) Santa Barbara (County) Santa Clara (County) Santa Cruz (County) Tulare (County) Tuolumne (County) Ventura (County) Sources: https://www.fema.gov/disaster/4683/designated-areas https://www.fema.gov/disaster/4699/designated-areas In the event target funds remain, the allocation will be used to fund non-disaster area eligible Applicants until all funds available for this NOFA are awarded. All disaster area Applicants must pass threshold and meet any minimum score requirements to be eligible for awards. NOTE: The Project Commitment deadline for Projects awarded under this target is May 17, 2025. 25 C.C.R. § 8213(d) specifies that in the event there are insufficient monies to fund an Applicant’s entire program activities funding request, the Applicant may be offered a lower amount of funding. The lower amount of funding may be offered only if the funding is sufficient to complete a portion of the application activities, which, if evaluated separately, would have been awarded. If the amount of funding available is insufficient, the available funds may be allocated to feasible applications in another allocation.. If the amount requested by all HOME Applicants competitively is lower than the available funds, the remaining HOME funding may be made available on an over-the-counter (OTC) basis. The Department will notify all parties through an “HCD Listserv” announcement if there will be a subsequent OTC HOME NOFA funding opportunity. G. Activity Funding Amounts and Limits Award limits apply to the combined amount of funds requested through this NOFA and any HOME Program Income (PI) that will be committed to the Project. State Recipients (excluding Developers) may apply for up to $12,000,000 for a multifamily rental Project, up to $75,000 for administrative costs, and up to $75,000 for Project-related soft costs, for a maximum total request of $12,150,000. Page 96 of 157 California Department of Housing and Community Development 22 HOME 2022-2023 NOFA CHDOs may apply for up to $12,000,000 for a multifamily rental Project and up to $150,000 for CHDO operating costs, for a total maximum request of $12,150,000. Developers may apply for up to $12,000,000 for a Project. Developers are not eligible for reimbursement of administrative costs or Project related soft- costs. Prior to the issuance of the Award letter, the Department will evaluate the financial feasibility of each Project and may, as necessary for Project feasibility or to prevent over subsidizing a Project in accordance with 25 C.C.R. § 8300 et seq., decrease the HOME award amount. Homebuyer Project Loan Limits: • Down Payment assistance cannot exceed 50 percent (50%) of the proposed unit sales price plus closing costs. Applicants will need to consider the pool of potential participants’ income levels to determine the amount of HOME funds needed to complete the project and ensure each beneficiary is provided HOME down payment assistance based on need and remain within the HOME Program maximum per-unit subsidy limits. • The HOME Program maximum per-unit subsidy limits and the HOME Homeownership Value Limits apply. All loan amounts will be verified by a subsidy layering analysis, and loan amounts will be reduced if the amount requested exceeds what is needed. Project Activity Funding Limits Table 3 - Funding Limits by Project Activity Rental new construction or rehabilitation with or without acquisition $12,000,000 FTHB Projects $3,000,000 CHDO Operating Funds Grant* - when applying for $6,000,000 or more in Project development activity funds $150,000 CHDO Operating Funds Grant* - when applying for less than $6,000,000 in Project development activity funds $100,000 Administrative Funds Grant* $75,000 Project-Related Soft Costs Grant* $75,000 Page 97 of 157 California Department of Housing and Community Development 23 HOME 2022-2023 NOFA *See Section II (K) and (L) of this NOFA for guidance. Minimum Amount of Funds per Project The minimum amount of HOME funds that must be invested in a rental or homeownership housing Project is $5,000 per HOME-assisted unit in the Project. This requirement does not apply to TBRA funding. For example, a Project with 30 units, of which 15 units are HOME-assisted, requires a minimum HOME investment of $75,000. Maximum Amount of Funds per Project The maximum amount of HOME funds invested in a Project, direct beneficiary assistance, and Project-related soft costs, shall not exceed the lower of: a. HOME Program maximum per-unit subsidy limits, established by HUD (usually updated annually), under 24 C.F.R. § 92.250; or b. Pursuant to 24 C.F.R. § 92.205(d)(1), only the actual HOME-eligible development costs of the assisted units may be charged to the HOME program. If the assisted and non-assisted units are comparable in terms of size, features, and number of bedrooms, the actual cost of the HOME- assisted units can be determined by prorating the total HOME eligible development costs of the Project so that the proportion of the total development costs charged to the HOME program does not exceed the proportion of the HOME-assisted units in the Project. If the assisted and non-assisted units are not comparable, the actual costs may be determined based on a method of cost allocation; and The maximum amount of HOME funds invested in a Project (when combined with other financing and assistance), must accomplish the following: a. Enable the Project as proposed to be developed and operate in compliance with all HOME requirements, including the subsidy-layering requirement at 24 C.F.R. § 92.250. For more information, see HUD CPD Notice 15-11: Requirements for the Development and Implementation of HOME Underwriting and Subsidy Layering Guidelines. b. For rental Projects of five or more units, achieve a debt-service coverage ratio in accordance with 25 C.C.R. § 8310. The current income and rent limits must be used in these calculations. They are located on the Department’s website at: https://www.hcd.ca.gov/grants- and-funding/income-limits/state-and-federal-income-rent-and-loan-value- limits. The current HOME Program maximum per-unit subsidy limits are also incorporated into the application forms required to be completed when responding to this NOFA. Page 98 of 157 California Department of Housing and Community Development 24 HOME 2022-2023 NOFA FTHB and OOR activities are also subject to the HOME Homeownership Value Limits, also located on the same website. A Project may receive only one HOME award as a result of this NOFA. This prohibits the combination of awards to a State Recipient, Developer, and/or CHDO on the same Project. Pursuant to 24 C.F.R. § 92.250, before committing funds to a Project, the Department must evaluate the project in accordance with the UMRs and will not invest any HOME funds, in combination with other governmental assistance, than is necessary to provide affordable housing. HOME Projects may not receive more subsidy than what is required to make them financially feasible. Federally-Declared Disaster Area Waivers HUD has established the availability of potential suspensions and waivers of certain statutory and regulatory requirements associated with the HOME program (including, but not limited to, the suspension of maximum per-unit subsidy limits) for areas covered by a major disaster declaration under title TV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act), DR-4699-CA, dated April 3, 2023, and DR-4683-CA dated January 27, 2023, as may be amended. The following Federally-Declared Disaster Areas are permitted to suspend the maximum per-unit subsidy limits, pursuant to this NOFA: Alameda (County) Amador (County) Butte (County) Calaveras (County) Contra Costa (County) Kern (County) Madera (County) Mariposa (County) Mendocino (County) Merced (County) Mono (County) Monterey (County) Nevada (County) Sacramento (County) San Benito (County) San Bernardino (County) San Joaquin (County) San Luis Obispo (County) San Mateo (County) Santa Barbara (County) Santa Clara (County) Santa Cruz (County) Tulare (County) Tuolumne (County) Ventura (County) For more information, see HUD Memo: Availability of Waivers of Community Planning and Development Grant Program and Consolidated Plan Requirements to Facilitate Recovery from California Severe Winter Storms, Flooding, Landslides, and Mudslides (DR-4683-CA) and HUD Memo: Page 99 of 157 California Department of Housing and Community Development 25 HOME 2022-2023 NOFA Availability of Waivers of CPD Grant Program and Consolidated Plan Requirements to facilitate Recovery from California Severe Winter Storms, Straight-Line Winds, Flooding, Landslides, and Mudslides (DR-4699-CA). Program Activities Funding Limits Maximum: $1,500,000 (including general administrative costs and Project- related soft costs). Minimum: $500,000. Applies to HOME-eligible Applicants for all Program Activities, subject to the following chart: *See “Expended Funds” definition in 25 C.C.R. § 8204(b). NOTE: Applicants that do not have open HOME Program Activities contracts past the expenditure deadline as of the NOFA application due date may apply for up to $500,000. Successful Applicants (Awardees) will be evaluated periodically to determine if their rate of expenditure is reasonable. The Department may disencumber all or a portion of the grant if there is an unreasonably low rate of expenditure, as determined by the Department in its sole discretion. H. Program Income and Recaptured Funds Federal regulations at 24 C.F.R. § 92.503 require that all Program Income (PI) and Recaptured Funds (RF) to be used in accordance with HOME regulations and only for HOME eligible activities, and PI and RF funds on hand must be maintained in an interest-bearing account. Interest earned on those funds is considered PI. To avoid de-committing appropriated grant funds from a specific Project, HOME PI may be accumulated throughout the current reporting period (fiscal year) but must be committed to a Project in the next fiscal year. Approval from the Department is required prior to the use of all HOME PI and RF. The PI received during the current reporting period, as well as any anticipated to be received in the next program year, must be reported to the Department to comply with HUD reporting requirements. Additionally, the Applicants must identify how the funds will be used (name the Project or Program Activity, and the intended beneficiary type) to ensure timely use of Table 4 - HOME Expenditure Rate* Achieved Expenditure Rate for Applicant’s 16- HOME, 18-HOME, and 19-HOME Program Activities Contracts Maximum Application Amount 60 percent or more $1,500,000 55 – 59.99 percent $1,000,000 0 – 54.99 percent $500,000 Page 100 of 157 California Department of Housing and Community Development 26 HOME 2022-2023 NOFA PI funds. All PI must be reported in the Annual Performance Report to the Department. I. Periods of Affordability All Projects that receive HOME funds are subject to 24 C.F.R. § 92.252 and 24 C.F.R. § 92.254 for a minimum of years, as specified in the following two tables. This term is referred to in this NOFA as the “Federal Affordability Period” and includes all federal affordability requirements under 24 C.F.R. § 92.252 and 24 C.F.R. § 92.254. The requirements of this Subsection run concurrently with the requirements of the Subsection below, outlining the ”State Affordability Period” requirements. For example, if a County Applicant proposes a new construction rental Project, the Federal Affordability Period for the Project will be 20 years. However, the Project will also be required to abide by the State Affordability Period for an additional 35 years, totaling 55 years. Table 5 – Federal Period of Affordability for Rental Housing Minimum Period of Affordability (in years) Housing Activity 5 Rehabilitation or acquisition of existing housing per unit amount of HOME funds; Under $15,000 10 Rehabilitation or acquisition of existing housing per unit amount of HOME funds; $15,000 to $40,000 15 Rehabilitation or acquisition of existing housing per unit amount of HOME funds; Over $40,000 or rehabilitation involving refinancing 20 New construction or acquisition of newly constructed housing Table 6 – Federal Period of Affordability for Homeownership Minimum Period of Affordability (in years) Homeownership Assistance HOME Amount Per-Unit 5 Under $15,000 10 $15,000 to $40,000 15 Over $40,000 Page 101 of 157 California Department of Housing and Community Development 27 HOME 2022-2023 NOFA All Projects that receive HOME funds are also subject to 25 C.C.R. § 8208 for a minimum number of years, as specified in the following table. This term is referred to in this NOFA as the “State Affordability Period.” Projects on Native American Lands as defined by 25 C.C.R. § 8208(y)(1) require a 50- year affordability period. Table 7 - State Period of Affordability Minimum Period of Affordability (in years) Project Type 55 years Developments on fee land 50 years Developments on Native American Lands (as defined by 25 C.C.R. § 8201 (y)(1)) J. Forms of Assistance HOME Loans HOME assistance shall be in the form of deferred payment loans to be repaid at the maturity date of the Promissory Note to local HOME accounts controlled by eligible Applicants or the state’s local HOME account, except for the uses of funds specifically defined under HOME grants below. Loans provided to homebuyers must meet the requirements set forth in 25 C.C.R. § 8205(C)(1)(A), including, but not limited to, the following terms: • Loans financed from the CHDO set-aside pursuant to 24 CFR Section 92.300(a)(1) shall comply with the financing provisions as required for the following activities: o For land acquisition for first-time homebuyer projects shall bear zero interest. o Loans to first-time homebuyers shall bear a simple interest rate of 3 percent per annum, computed from the date the Deed of Trust is recorded on the property. Interest and payments shall be deferred for the term of the loan. Commencing on the 11th anniversary of the recordation date, an amount equal to 10 percent of the accrued interest shall be forgiven each year, so that on the 20th anniversary of the recordation date, all interest will have been forgiven if the borrower is in compliance with the requirements stated in the Department’s loan documents. HOME Grants Pursuant to 25 C.C.R. § 8205(c)(2), HOME assistance must be provided in the form of a grant for relocation payments, lead-based paint hazard evaluation and reduction activities, and TBRA. HOME assistance may be provided in the form of a grant for rehabilitation activities performed under Page 102 of 157 California Department of Housing and Community Development 28 HOME 2022-2023 NOFA an OOR program, if necessary to complete the project when the total of all project indebtedness equals or exceeds the projected after rehabilitation appraised value. The grant amount for OOR activities is limited to 25 percent (25%) of the applicable HOME Program maximum per-unit subsidy limit for the Project. This amount is in addition to any grant funds currently permitted for relocation, lead-based paint remediation, and Project-related soft costs for the Project. HOME assistance may be provided as a grant to eligible Applicants to cover Project-related soft costs. Project-related soft costs are further detailed in this NOFA, 24 C.F.R. § 92.206(d), and HUD CPD Notice 06-01: Admin and Soft Costs, Community Development Expenses under HOME and American Dream Downpayment Initiative, except that customary closing costs for home acquisition activities may be included as either a loan or part of the grant funding for Project-related soft costs. NOTE: All Project-related soft costs associated with an OOR Project must be included in the 24 percent (24%) funding maximum available for Project- related soft costs and may not be passed along to the homeowner. HOME funds for Project-related soft costs cannot be drawn down before HOME funds for activity costs are drawn down. If the activity is not completed, and a Project Completion Report for the full amount drawn down is not filed, all HOME funds for that Project, including Project-related soft costs, must be repaid to the Department. Project-related expenses for NEPA environmental review, and architectural and engineering and other professional services incurred within the 24 months prior to the Project Commitment of funds, may be reimbursed at the sole discretion of the Department after execution of the Standard Agreement. On a case-by-case basis, the Department may, in writing and in its sole discretion, permit reimbursement for other eligible expenses incurred after the date of the Award letter, and prior to the effective date of the Standard Agreement, upon the written request of the Applicant. K. Administrative and CHDO Operating Funds The following limits apply to the amount of administrative and CHDO operating funding that Applicants may receive. Developers of a Project shall not act as an administrative subcontractor for the same HOME-funded Project activity and are not eligible for Project administrative costs. Pursuant to 24 C.F.R. § 92.208(a), CHDO operating funds may cover reasonable and necessary costs for the operation of the CHDO. Such costs include salaries, wages, and other employee compensation and benefits; employee education, training, and travel; rent; utilities; communication costs; taxes; insurance; equipment; materials; and supplies. Project Activities State Recipients eligible to receive administrative funds, who are applying for $6,000,000 or more in Project development activity funds, may request up to Page 103 of 157 California Department of Housing and Community Development 29 HOME 2022-2023 NOFA $125,000 for administrative costs. If requesting less than $6,000,000 in Project development activity costs, Applicants may request up to $75,000 for administrative costs. CHDOs applying for $6,000,000 or more in Project development activity funds may request up to $150,000 in CHDO operating funding. If requesting less than $6,000,000 in Project development activity funds may request up to $100,000 in CHDO operating funding. This includes FTHB Projects. Developers are not eligible to apply for administrative funds or Project- related soft costs. All administrative costs must be reasonable, and Applicant must have detailed records to demonstrate costs are eligible for reimbursement. Program Activities All Program Activities Applicants may request up to 2.5 percent (2.5%) of the amount requested in administrative funds. CHDOs undertaking a FTHB program activity will receive CHDO operation funds in lieu of administrative funds at the same 2.5 percent (2.5%) rate. All administrative costs must be reasonable, and Applicant must have detailed records to demonstrate costs are eligible for reimbursement. Actual eligible expenses must be incurred to draw down these funds. TBRA Activities In addition to the 2.5 percent (2.5%) described above for Program Activities, TBRA Applicants may request up to an additional 7.5 percent (7.5%) of the total TBRA application amount for general administrative costs (total of ten percent (10%) of TBRA funds). The maximum amount of administrative funding for this purpose is $200,000. If there is more demand for TBRA administrative funds than available, only the highest-rated TBRA Applicants will receive administrative funds in addition to the regular 2.5 percent (2.5%) allocation. All TBRA Applicants will receive the initial 2.5 percent (2.5%) amount for administrative costs. L. Project-Related Soft Costs Project Activities Eligible State Recipients of rental and homebuyer Projects may receive up to $75,000 to pay for specific eligible Project-related soft costs, previously referred to by the Department as “Activity Delivery Costs” (ADCs). Funding for Project-related soft costs are provided in the form of a grant and not part of the Project loan amount. For a description of the types of expenses, which may be charged as Project-related soft costs, see 24 C.F.R. § 92.206(d)(6), 92.206(f)(2) and HUD CPD Notice 06-01: Admin and Soft Costs, Community Development Expenses under HOME and American Dream Downpayment Initiative. Examples of Project-related soft costs include, but are not limited to: Page 104 of 157 California Department of Housing and Community Development 30 HOME 2022-2023 NOFA • Preparation of work write-ups, work specifications, and cost estimates or review of these items if an owner has had them independently prepared; • Project underwriting; • Construction inspections and oversight; • Project document preparation; • Costs associated with a Project-specific environmental review; • Costs associated with informing tenants or homeowners about relocation rights or benefits; • Costs to provide information services such as affirmative marketing and fair housing information to prospective homeowners and tenants as required by 24 C.F.R. § 92.351; and • Staff and overhead costs, such as preparing work specifications, loan processing, inspections, and other services related to assisting potential owners, tenants, and homebuyers. Project-related soft costs must be included in the development budget, regardless if the funding is a loan or grant. Developers and CHDOs are not eligible for Project-related soft costs. Program Activities Standard Agreements will automatically allow the use of up to the maximum amount of Project-related soft costs for each specific program activity. At the time of set-up (i.e., when the HOME Awardee is ready to begin drawing activity funds) a request for Project-related soft costs may be made for actual expenses: 1. Up to 24 percent (24%) of the HOME loan/grant amount for OOR and for the rehabilitation component of acquisition with rehabilitation. Project-related soft costs for rehabilitation Projects may exceed the 24 percent (24%) limit if documentation of actual eligible costs is provided to the Department with the Project set-up. Documentation must be of actual eligible costs; consultant billings, without documentation of underlying actual costs, are not adequate. 2. Up to 6.5 percent (6.5%) of the total acquisition cost for FTHB activities involving acquisition with rehabilitation. 3. Up to 5 percent (5%) of the HOME TBRA payment, per household, for unit inspection and income determination activities. 4. Up to 6.5 percent (6.5%) of the HOME amount for all other program activities. Page 105 of 157 California Department of Housing and Community Development 31 HOME 2022-2023 NOFA III. State and Federal Requirements A. Property Standards and Physical/Capital Needs Assessments Pursuant to 24 C.F.R. § 92.251, as applicable, and as may be amended by HUD, housing that is constructed or rehabilitated with HOME funds must meet all applicable local codes and standards at the time of Project Completion. Projects involving rehabilitation must comply with the Department’s HOME/NHTF Multifamily Rehabilitation Standards. Pursuant to 25 C.C.R. § 8309(b) and 24 C.F.R. § 92.251(b)(1)(ix), the Department requires rental rehabilitation Project applications to submit a third-party physical/capital needs assessment and a Replacement Reserve Study (RRS) with a 20-year forecast. Projects involving new construction must comply with the requirements of 25 C.C.R. § 8300 et seq. and 24 C.F.R. § 92.251(a), including, but not limited to, requirements related to accessibility, disaster mitigation, written cost estimates, construction contracts and documents, construction progress inspections, and broadband infrastructure. B. Timeframes for Use of Funds Awardees of HOME funds are subject to progress deadlines and expenditure deadlines that are defined in the federal regulations and specified in the Standard Agreement. Project Activity Deadlines Table 8 - HOME Project Activity Deadlines Project Commitment of HOME Funds (Standard Agreement execution) September 30, 2026 Project Commitment of HOME Funds (Standard Agreement execution) – specifically, the Federally- Declared Disaster Areas Target, 2021-2022 HOME funds May 17, 2025 All non-HOME funding sources committed to the Project July 31, 2025 Construction Loan Closing Within 12 months from Standard Agreement execution date (in accordance with 24 C.F.R. § 92.2) Page 106 of 157 California Department of Housing and Community Development 32 HOME 2022-2023 NOFA Project Completion Within 4 years from Project Commitment of HOME funds (Standard Agreement execution) Expenditure September 1, 2030 Program Activities Deadlines Table 9 - HOME Program Activity Deadlines Project Commitment of HOME Funds (Standard Agreement execution) September 30, 2026 Project Commitment of HOME Funds (Standard Agreement execution) – specifically, the Federally-Declared Disaster Areas Target, 2021-2022 HOME funds May 17, 2025 Expenditure Deadline September 1, 2030 For Project Activities, if an Awardee fails to meet one or more of the deadlines outlined in the 25 C.C.R. § 8217(b) and described in this NOFA, a performance penalty will be imposed during the scoring on all applicable HOME applications. It will also result in performance penalties being imposed on future HOME application(s) submitted by the Applicant, as well as application(s) submitted by the Project’s Developer, owner, and managing general partner within five (5) years of the award announcements of this NOFA. All Program Activities funding must be expended by the deadline established in the Standard Agreement. Awardees must ensure that work is completed well in advance of this deadline to ensure funds are fully expended prior to the expenditure deadline. Exceptions will be considered, at the sole discretion of the Department, only if the Applicant shows there was clear and indisputable evidence that delays were beyond the reasonable control of the borrower and/or the Applicant, or the Department was responsible for the delay, and the Department has the flexibility to do so within federal regulations. C. Match Requirements Generally, HOME funds must be matched by nonfederal resources. HOME match requirements are waived for applications pursuant to this NOFA. However, match must be reported to the Department in each Project Completion Report. The Department continues to track all match funds in Page 107 of 157 California Department of Housing and Community Development 33 HOME 2022-2023 NOFA Projects. Pursuant to 24 C.F.R. § 92.220(a)(8) and § 92.354(b), a single rate established by HUD shall be applicable for determining the value of unskilled labor. The value of skilled labor or professional services shall be determined by the rate that the individual or entity performing the labor or service normally charges. D. Transition Reserve Policy Projects must be in compliance with the Department’s Pooled Transition Reserve Policy Administrative Memorandum dated January 3, 2023, (Administrative Notice Number 22-08) and amended on August 8, 2023, (Administrative Notice Number 23-01), that implements statutory changes made under Senate Bill 948 (Chapter 667, Statutes 2022) applicable to Health and Safety Code § 60468, as may be amended from time to time, and any other related Department Transition Reserve Policy administrative memoranda that the Department may adopt, as applicable. E. Annual Monitoring Fees for Multifamily Projects Pursuant to 24 C.F.R. § 92.214(b)(1)(i), the Department will charge fees to cover the cost of ongoing monitoring and physical inspection of HOME Projects during the state period of affordability. The state HOME program will charge these fees as described in this NOFA. Developer and CHDO Projects The Department charges an annual monitoring fee as follows: Table 10 – Estimated 2023 Monitoring Fees Number of HOME Units Annual Fee 12 or fewer $ 6,077 13 to 24 $9,888 25 to 36 $12,051 37-48 $12,360 49-60 $14,781 61 or more $17,304 To cover inflation, this annual monitoring fee is projected to increase annually at 3 percent (3%) following the Department's analysis of actual costs for monitoring. Financial assumptions in the HOME application shall be based on the rate that will be effective at the time of initial occupancy. Page 108 of 157 California Department of Housing and Community Development 34 HOME 2022-2023 NOFA Annual monitoring fees are mandatory payments. The first payment shall be prorated based upon the total number of days after permanent closing within the first fiscal year of Project operation. Lump sum payment made from development funds is not allowed for HOME Projects. Payments made must be pursuant to the Regulatory Agreement. State Recipient Projects Pursuant to 24 C.F.R. § 92.214(b), State Recipients may also charge their borrowers annual monitoring fees to cover the actual ongoing costs to monitor and conduct physical inspections, as described below: 1. The monitoring fee charged may be less than, but not exceed, the amount charged for state CHDO and Developer Projects; 2. The monitoring fee shall be specifically stated in the State Recipient’s loan documents with the borrower; 3. The monitoring fee shall be based on the State Recipient’s analysis of actual costs for monitoring the Project and must be approved by the Department; and 4. An amount equal to 10 percent (10%) of the monitoring fee which is charged to the Project must be paid by the State Recipient to the Department to cover the Department’s costs of monitoring the State Recipient’s rental Project compliance activities. For more guidance on establishing a monitoring fee, see HOMEfires Vol. 14, No. 2: Guidance on Establishing a HOME Monitoring Fee. Please note: HUD’s requirements for calculating a monitoring fee differ from the State’s UMR requirements. Native American Entity Projects Pursuant to this NOFA, the Department will waive monitoring fees for Native American Entity Projects during the state period of affordability. IV. Application Review A. Minimum Application Requirements (Threshold) Applications for HOME Projects are required to meet the minimum requirements outlined in this NOFA, 25 C.C.R. § 8200 et seq., and 24 C.F.R. Part 92. Applications must meet the following minimum requirements at the time of application in order to move forward to the rating and ranking process: 1. The Applicant must submit a complete application in a format made available by the Department by the deadline specified in this NOFA and pursuant to 25 C.C.R. § 8211, and the application forms provided by the Department must not be altered or modified; Page 109 of 157 California Department of Housing and Community Development 35 HOME 2022-2023 NOFA 2. The Applicant is eligible to apply for funding, in accordance with any of the following: • 25 C.C.R. § 8204; or • Listed on Appendix A of the NOFA; or • Meets the definition of an eligible Applicant in this NOFA (State Recipient, CHDO, or Developer) 3. All other criteria and matters set forth within the NOFA shall also govern the Native American Entity target and the Federally-Declared Disaster Areas target, unless and except to the extent expressly provided to the contrary by terms set forth within this NOFA; 4. The Applicant must propose at least one eligible activity pursuant to 25 C.C.R. § 8205 (other than administration); 5. The Applicant must propose an eligible use of funds pursuant to 25 C.C.R. § 8205 and 8210; 6. The Applicant must have no unresolved audit findings pursuant to 25 C.C.R. § 8204(a)(1)(D)(ii) and (2)(C)(i); 7. The Applicant must demonstrate its capacity for carrying out activities assisted with HOME funds, as required by 24 C.F.R. § 92.2. Pursuant to Federal HOME regulations, Awardees entering into a Standard Agreement with the Department must have capacity, cannot be shell entities, and cannot contract out for capacity (with limited exceptions for new CHDOs – see Eligible Applicants – CHDOs in NOFA Section II. Program Requirements); 8. Cities, counties, and local public housing authorities must provide documentation satisfactory to the Department that they comply with the submittal requirements of cost principles and audit requirements at 2 C.F.R. § 200.512. Any outstanding findings contained in the audit report may impact the ability of the Department to grant an award through this NOFA; 9. The Applicant and any member of its program or project team must not be on the list of debarred contractors at https://www.sam.gov/SAM/ pursuant to 25 C.C.R. § 8204(a)(1)(D)(iii) and 8204(a)(2)(C)(ii); 10. The Applicant’s requested total amount of funds for both administrative activity-specific costs and Project-related soft costs does not exceed the limits identified in the NOFA; and 11. CHDO applications must contain procedures for ensuring effective Project control pursuant to 24 C.F.R. § 92.300(a)(1) and 25 C.C.R. § 8204(a)(2)(D). 12. There is no pending or threatened litigation that could affect implementation of the proposed Project. 13. When applying for Project Activities, the Applicant must have site control of the Project subject to the HOME funding award as required by 25 C.C.R. § Page 110 of 157 California Department of Housing and Community Development 36 HOME 2022-2023 NOFA 8303 and 24 C.F.R. Part 92, including but not limited to, demonstrating site control by one of the following: • Fee title, which, for tribal trust land, may be evidenced by a title status report (TSR) or an attorney’s opinion regarding chain of title and current title status; • A leasehold interest on the Project property with provisions that enable the lessee to make improvements on and encumber the property provided that the terms and conditions of any proposed lease shall permit, prior to loan closing, compliance with all Program requirements, including compliance with 25 C.C.R. § 8316; • An option to purchase is obtained, conditioned on the responsible entity’s determination to proceed with, modify, or cancel the Project based on the results of a subsequent environmental review, and the receipt of an Authority to Use Grants Funds (“AUGF”) from the Department for State Recipient Projects and from HUD for Developer and CHDO Projects. The cost to secure the site control document can be only a nominal portion of the purchase price; [For more details on required and prohibited provisions of agreements consistent with NEPA, see HUD CPD Notice 98- 01: Layering Guidance for HOME Participating Jurisdictions When Combining HOME Funds with Other Governmental Subsidies; HUD CPD Notice 15-09: Requirements for Committing HOME Funds; and HUD Memo: Guidance on Operations and Conditional Contracts for Purchase of Real Property for Environmental Reviews Conducted by a Responsible Entity under 24 C.F.R. Part 58] • A Purchase Agreement, Disposition and Development Agreement (DDA), Option to Lease, or Exclusive Right to Negotiate is obtained, but this agreement cannot be conditioned on NEPA clearance or any other federal requirement; or [General HUD rules state that Purchase Agreements are acceptable if federal funds are not contemplated. Applicants are cautioned to make sure that the Purchase Agreement or DDA is open-ended or is of sufficient duration that it does not need to be extended after the HOME application is submitted. HUD has ruled that if a Purchase Agreement/DDA expires after the HOME application is submitted, and before the AUGF is executed, the execution of an extension would be a Choice-Limiting Action (renewal prior to expiration is acceptable). The application also should ensure the Purchase Agreement/DDA has other contingencies, such as Page 111 of 157 California Department of Housing and Community Development 37 HOME 2022-2023 NOFA a permanent financing contingency, so that the seller cannot legally compel an individual to purchase the site prior to receiving the AUGF.] • A conditional purchase contract is used for an existing single- family home (1 to 4 units) or an existing multifamily residential Project in some limited circumstances, even when federal funds have already been contemplated. [For more information, see HUD Memo: Guidance on Operations and Conditional Contracts for Purchase of Real Property for Environmental Reviews Conducted by a Responsible Entity under 24 C.F.R. Part 58.] B. Rating and Ranking After meeting the threshold requirements, applications will be scored as follows. The Department will rate, rank, and fund applications based on a review of eligible activities for which funds are requested. Each application must be submitted using Department forms and contain all information required pursuant to 25 C.C.R. § 8211(c)(d). Scoring for Projects is subject to the appeal process described in Section IV (H) of this NOFA. Each Project Activity or combination of Program Activities will be evaluated and ranked separately. In the case of a tie score, the application demonstrating the highest jurisdictional poverty level will be funded first. If CHDOs and/or Developers are applying from the same jurisdictional area, the Project with lower average rents (expressed as a percentage of area median income) will be funded first. Applications will be funded in descending order based on points earned. Applications that qualify for CHDO, FTHB Project, and Rural targets will be funded first, based on their scores as necessary to meet the minimum set- asides. Once the set-asides and targets have been achieved, remaining applications may be funded within their respective allocations pursuant to 25 C.C.R. § 8212.1, based on scores relative to all other applications, with the highest-scoring applications funded first. Page 112 of 157 California Department of Housing and Community Development 38 HOME 2022-2023 NOFA C. Project Activity Application Scoring Factors and Evaluation Pursuant to 25 C.C.R. § 8212(d)(5), HOME Project Activity applications must receive a minimum score of 930 points in the following categories to be funded. HOME Project Activities Rental New Construction Rental Rehabilitation First-Time Homebuyer Scoring Factors Points Factor: Housing Element Applicants that meet the definition of a Local Public Entity (cities and counties) are required to be in substantive compliance with state Housing Element Law, as defined in 25 C.C.R. § 8201(t), as of the NOFA application due date. The current Housing Element Compliance Report can be found at https://www.hcd.ca.gov/planning-and- community-development/housing-open-data-tools/housing-element- review-and-compliance-report. Newly incorporated cities are exempt from this factor, until such time as the city is required to submit its housing element to the Department for approval. It is the responsibility of the city to know its reporting requirements. If unsure, please send an email inquiry to the HOME Program at HOMENOFA@hcd.ca.gov. CHDOs, Developers, and NAE-FRTs where Project or Activity is located on Native American Lands, are exempt from this requirement and shall receive full points for this scoring factor. 50 Factor: HUD Direct HOME Allocation (Declined) A jurisdiction that is eligible to receive a direct HOME allocation from HUD and declines the funding to preserve their state HOME eligibility, shall receive full points for this scoring factor. 50 Factor: Rural Communities Activities proposed in rural communities (as defined in the HSC § 50199.21) shall receive full points for this scoring factor. 50 Page 113 of 157 California Department of Housing and Community Development 39 HOME 2022-2023 NOFA Factor: Capacity – Prior Applicant Experience Applicants that demonstrate experience implementing local, state, or federal affordable housing and/or community development projects, during the most recent seven (7) calendar years (1/1/2016 – 12/31/2022), until application deadline, shall receive points for this scoring factor. List no more than 10 entries of housing and community development experience. Native American Entities: Experience may include implementation of affordable housing and/or community development activities under the NAHASDA program. • 10 points for each project completed creating 4 or more units of affordable housing • 10 points awarded for each project completed as defined in the HOME Supplemental Application • Maximum of 50 points 50 Factor: Capacity – Prior Developer Team Experience Developers that demonstrate the Project team has experience developing the same housing activity type of subsidized project as proposed in the application, during the last five (5) calendar years (1/1/2019 – 12/31/2023), shall receive points for this scoring factor. Experience can be demonstrated by any member of the development team (owner, Developer, Sponsor, etc.). • 1 project completed — 100 points • 2 projects completed — 150 points • 3 projects completed — 200 points 200 Factor: Capacity – Prior Performance For prior performance scoring, all applications receive the maximum 200 points for the factor. As applications are reviewed and rated, points will be deducted for each of the following sub-factor deficiencies up to a maximum 200-point deduction. Page 114 of 157 California Department of Housing and Community Development 40 HOME 2022-2023 NOFA Sub-factor #1: Project Deadlines If, by the NOFA application due date, an Applicant, Developer, owner, and/or managing general partner of any HOME Project contract (rental and FTHB) awarded between 1/1/2019 – 12/31/2023, failed to meet the Project deadlines (milestones) as outlined in the Standard Agreement, unless extended in writing by the Department, points shall be deducted for this scoring sub-factor as follows: • Permanent financing deadline — (5 points) • Project set-up deadline — (10 points) • Construction loan-closing deadline — (10 points) • Project Completion deadline — (80 points) • Expenditure deadline — (20 points) Maximum 200-point deduction Sub-factor #2: Applicant Reporting Reporting is an essential condition and a responsibility of accepting HOME funds; therefore, Applicants that were required to submit reports but failed to do so are subject to a deduction of up to 50 points. Applicants may submit missing reports prior to the application deadline to reduce the number of points deducted. This applies to any HOME Project monthly and/or quarterly PI reports, annual reports, and Project Completion reports due between 1/1/2019 – 12/31/2023. • Late or missing Monthly Project Status Reports — (5 points deducted for each missing report, 2 points deducted for each late report) • Late or missing Quarterly Program Income Reports (QPIR), if applicable — (5 points deducted for each missing report, 2 points deducted for each late report) • Late or missing Annual Performance Reports (APRs), applicable to State Recipients only — (25 points deducted for each missing report, 10 points deducted for each late report) • Late or missing Project Completion Reports (PCRs) — (50 points deducted for each missing report, 25 points deducted for each late report) Maximum 50-point deduction Page 115 of 157 California Department of Housing and Community Development 41 HOME 2022-2023 NOFA Sub-factor #3: Material Misrepresentation If between 1/1/2019 – 12/31/2023, an Applicant, Developer, owner, and/or managing general partner made any material misrepresentation or omission in the HOME application, application documentation, Project reports, and/or any other document, significant in nature, that could jeopardize the Department’s HOME funding in a Project or place the Department at risk of a HUD monitoring finding, up to 200 points shall deducted for this scoring sub-factor. This is evidenced by receipt of a letter from the Department outlining the infraction and the points deduction levied by the Department. Maximum 200-point deduction Sub-factor #4: Monitoring Noncompliance (1/1/2019 – 12/31/2023) There are two noncompliance categories for which up to 100 points may be deducted. 1. Monitoring. Points will be deducted in this category for any application for which the Applicant, owner, and/or managing general partner have failed to remedy any HOME monitoring findings and concerns, identified by the Department. 2. Late reports. Points will be deducted in this category for any 2020-2021 NOFA Project applications for which the Applicant, owner, and/or managing general partner failed to submit timely reports for occupied HOME rental Projects. Point deductions shall be as follows: a. Local Public Entity • Annual monitoring report — (10 points each) • Annual report — (10 points each) (including financial audit, schedule of rental income, and annual affirmative marketing analysis) b. CHDOs/Developers • Annual operating budget — (10 points each) • Annual report — (10 points each) (including financial audit, schedule of rental income, and annual affirmative marketing analysis) Maximum 100-point deduction Factor: Community Need The community need point scoring by activity type is based on the data available in Appendix C at the HOME website. Up to 250 Page 116 of 157 California Department of Housing and Community Development 42 HOME 2022-2023 NOFA Factor: Project Feasibility 1. State and federal requirements (including UMRs for rental Projects) – 150 points To receive the full 150 points, Applicant must submit a complete self- evaluation feasibility worksheet within the application. 2. Highest percentage of HOME-assisted units – Up to 50 points Points will be awarded within five scoring levels, ranging from 10 to 50 points, based on the highest number of HOME units proposed in a Project. 200 Page 117 of 157 California Department of Housing and Community Development 43 HOME 2022-2023 NOFA Factor: Project Readiness The Project Readiness point scoring is based on activity type. Project readiness factors and documentation minimum requirements are further detailed in the HOME Supplemental Application, found at the Department’s HOME Program website. Project Development Plan (PDP). Points will be awarded if the following required* items were prepared and submitted within the applicable timeframes and meet the minimum requirements as specified in the HOME Supplemental Application. The PDP will be reviewed on applications scored high enough for funding. *The Geotechnical Report is not required as part of the application and will not be considered for scoring purposes. 1. Rental New Construction Projects. Points will be awarded based on the following complete documents submitted with the application: market study (35 points); appraisal (10 points); Phase I/II Environmental Report (35 points); floodplain analysis (25 points); construction cost estimate (5 points); Relocation General Information Notice and relocation plan (30 points); zoning verification (40 points); water/sewer (5 points); local government approval (80 points); design progress (10 points); and permanent financing commitments (25 points). 2. Rental Rehabilitation Projects. Points will be awarded based on the following complete documents submitted with the application: market study (10 points); appraisal (30 points); floodplain analysis (25 points); lead/mold/asbestos reports (25 points); construction cost estimate (20 points); Relocation General Information Notice and relocation plan (75 points); Physical Needs Assessment (74 points); local government approval (1 point); design progress (5 points); and permanent financing commitments (35 points) 3. Homebuyer Projects. Project readiness factors are available in the Homebuyer Project Application (Part B), available on the Department’s HOME Program website. Points will be awarded based on the following complete documents submitted with the application: market study (40 points); appraisal (10 points); Phase I/II Environmental Report (30 points); floodplain analysis (55 points); construction cost estimate (5 points); local government approval (75 points); impact fees (30 points); zoning verification (10 points); design progress (10 points); and financing commitments (35 points) 300 Page 118 of 157 California Department of Housing and Community Development 44 HOME 2022-2023 NOFA Factor: State Objectives For the State Objectives scoring, there are three sub-factors for which Applicants can receive points, up to 200 points maximum. As applications are reviewed and rated, points will be awarded to Projects that meet the following objectives, in accordance with the Department’s 2022-2023 Annual Action Plan, based on the following sub-factors: 1. Committed financing to increase affordable housing; 2. Recovery assistance for natural disaster survivors; and 3. Addressing and preventing Homelessness, and/or assisting Special Needs Populations and Extremely Low-Income Families Sub-factor #1: Committed Financing to Increase Affordable Housing Applications will be scored based on the percentage of non-HOME permanent financing committed to the Project by the application due date (10 points will be awarded for each 10 percent (10%) increment). For Projects anticipating applying for any type of tax credits -- a future tax credit award will not be considered as committed financing, and are thus not eligible for these points. For example, if the Applicant has 50 percent (50%) of its non-HOME permanent financing committed to the Project by the application due date, but intends to also apply for tax credits in the future, the application will receive 50 points out of a possible 100 points. 100 Page 119 of 157 California Department of Housing and Community Development 45 HOME 2022-2023 NOFA Sub-factor #2: Recovery Assistance for Natural Disaster Survivors Full points shall be awarded for Projects located in federally-declared disaster areas pursuant to the HUD memorandum dated May 17, 2023, referencing the federally-declared disaster areas under title IV of the Stafford Act, DR-4699-CA dated April 3, 2023, and DR-4683-CA dated January 27, 2023, as may be amended (https://www.fema.gov/disaster/4699) (https://www.fema.gov/disaster- federal-register-notice/dr-4683-ca-public-notice-001). The Federally- Declared Disaster Areas are the following counties: DR-4683 & DR-4699 IA-Declared Counties Alameda (County) Amador (County) Butte (County) Calaveras (County) Contra Costa (County) Kern (County) Madera (County) Mariposa (County) Mendocino (County) Merced (County) Mono (County) Monterey (County) Nevada (County) Sacramento (County) San Benito (County) San Bernardino (County) San Joaquin (County) San Luis Obispo (County) San Mateo (County) Santa Barbara (County) Santa Clara (County) Santa Cruz (County) Tulare (County) Tuolumne (County) Ventura (County) Sources: https://www.fema.gov/disaster/4683/designated-areas https://www.fema.gov/disaster/4699/designated-areas 30 Page 120 of 157 California Department of Housing and Community Development 46 HOME 2022-2023 NOFA Sub-factor #3: Special Needs Populations, Homelessness, or Extremely Low-Income – See Table #11 below for scoring breakdown. Funding Commitments for Special Needs Populations (up to 70 points) Points shall be awarded to applications that propose rental Projects with funding commitments to target Special Needs Populations, using any of the following funding: • HUD 811 • HUD Supportive Housing Program • State Mental Health Services Act (MHSA) • HCD -- No Place Like Home Program • HCD -- Veterans Housing and Homelessness Program • HCD -- National Housing Trust Fund Program • HCD -- Multifamily Housing Program • HCD -- Joe Serna, Jr. Farmworker Housing Grant Program • Points may also be awarded to Projects that provide project-based rental assistance, under the terms of a MHSA or Veterans Affairs Supportive Housing Voucher (HUD-VASH). – or – Homelessness (up to 70 points) Points shall be awarded to applications that propose rental Projects primarily serving people experiencing Homelessness and/or those At Risk of Homelessness as defined in at 24 C.F.R. § 578.3. NOTE: If serving Special Needs or Homeless populations, the Projects must include supportive services in accordance with the “Core components of Housing First” under Welfare and Institutions Code § 8255. – or – Extremely Low-Income (ELI) (up to 70 points) Points shall be awarded to applications that propose rental Projects primarily serving Extremely Low-Income Families, which means low- income families whose annual incomes do not exceed 30 percent of the median family income of a geographic area, as determined by HUD with adjustments for smaller and larger families. NOTE: This scoring category is not applicable to Homebuyer Projects. Homebuyer Projects will automatically receive full points in this category. 70 TOTAL AVAILABLE POINTS FOR PROJECT ACTIVITIES 1550 Page 121 of 157 California Department of Housing and Community Development 47 HOME 2022-2023 NOFA Table 11 – Subfactor #3 Scoring Breakdown Percent of Units Committed to Special Needs, Homeless, or ELI Families Points 51% or more 70 41-50% 60 31-40% 50 26-30% 40 21-25% 30 16-20% 20 10-15% 15 6-10% 10 1-5 % 5 D. Program Activities Application Scoring Factors and Evaluation HOME Program Activities Scoring Factors Points Factor: Housing Element Cities and counties are required to be in substantive compliance with state Housing Element Law, as defined in 25 C.C.R. § 8201(t), as of the NOFA application due date. Housing Element Annual Progress Reports are available at https://www.hcd.ca.gov/planning-and-community- development/housing-open-data-tools/housing-element-review-and- compliance-report. Newly incorporated cities are exempt from this factor, until which time the city is required to submit the housing element to the Department for approval. It is the responsibility of the city to know their reporting requirements. If unsure, please send an email inquiry to the HOME NOFA Unit, HOMENOFA@hcd.ca.gov. CHDOs, Developers, and Native American Entities are exempt from this requirement and shall receive full points for this scoring factor. 50 Page 122 of 157 California Department of Housing and Community Development 48 HOME 2022-2023 NOFA Factor: HUD Direct HOME Allocation (Declined) A jurisdiction that proposes activities that is eligible to receive HUD direct HOME allocation funds (and declines the funding for the purpose of preserving their state HOME eligibility) shall receive full points for this scoring factor. 50 Factor: Rural Communities Activities proposed in a rural community (as defined in the HSC § 50199.21) shall receive full points for this scoring factor. 50 Factor: Capacity – Applicant Experience Applicants that demonstrate experience administering HOME and/or other local, state, or federal affordable housing and/or community development projects during the last seven calendar years (1/1/2016 – 12/31/2022), plus 2023 year-to-date, shall receive full points for this scoring factor. 100 Factor: Capacity – Prior Performance For prior performance scoring, all applications receive 150 points. As applications are reviewed and rated, points will be deducted for each of the following sub-factor deficiencies, up to a maximum 150-point deduction for two sub-factors: • Reporting noncompliance • Monitoring noncompliance Sub-factor #1: Reporting Reporting is an essential condition and responsibility of accepting HOME funds; therefore, Applicants that previously failed to comply with reporting requirements are subject to a deduction of up to 50 points. • In assigning these points, the Department will review the Applicant’s history of submitting quarterly reports and quarterly PI reports (for both Program Activities and Projects contracts numbered 16-HOME through 19-HOME), and Annual Performance Reports for FY 20-21, 21-22, and 22-23. Applicants may submit missing reports prior to application deadline to reduce the number of points deducted. • Late or missing Quarterly Program Status Reports — (5 points each missing 2 points each late) • Late or missing Quarterly Program Income Reports (QPIR), if applicable — (5 points each missing, 2 points each late) • Late or missing Annual Performance Reports (APRs) — (25 points each missing, 10 points each late) Maximum 50-point deduction Page 123 of 157 California Department of Housing and Community Development 49 HOME 2022-2023 NOFA Sub-factor #2: Monitoring Noncompliance (1/1/2019 – 12/31/2023) One hundred (100) points will be deducted for noncompliance with monitoring or contract requirements identified in the last five calendar years. Maximum 100-point deduction Factor: Community Need The community need point scoring by activity type is based on data available in Appendix C of this NOFA, available on the Department’s HOME Program website at https://www.hcd.ca.gov/grants-and-funding/programs- active/home-investment-partnerships-program. 250 Factor: Project Feasibility Project feasibility scoring has two scoring categories: activity type and program guidelines, described as follows: 1. Activity type scoring criteria (up to 75 points): a. FTHB program scoring is determined by the percentage of all homes sold in the city or county in the last 12-month period that are affordable to lower-income families. b. OOR program scoring is determined by the number of overcrowded households by tenure, low-income owner-occupied households, substandard housing conditions, and the age of the housing stock by tenure, in the city or county as reflected in U.S. Census data. c. TBRA program scoring is determined by the overpayment by low- income renter households as reflected in U.S. Census data. 2. Program guidelines will be evaluated by the extent they reflect state and federal requirements (up to 25 points). 100 Factor: State Objectives For State Objectives scoring, there are two sub-factors for which Applicants can receive up to 200 points maximum. As applications are reviewed and rated, points will be awarded for the following objectives, in accordance with the Department’s 2022-2023 Annual Action Plan: 1. Increasing affordable housing; 2. Addressing and preventing Homelessness Page 124 of 157 California Department of Housing and Community Development 50 HOME 2022-2023 NOFA Sub-factor #1: Increasing Affordable Housing Applicants that have higher expenditure rates (i.e., expenditure rates of 55 percent and above) for all 2015-2018 HOME Program Activities contracts shall receive state objectives points as follows: • Expenditure rate at or above 60 percent. (90 points) • Expenditure rate between 55 percent to 59.99 percent. (60 points) Expenditure rates will be calculated in accordance with the “Expended Funds” as defined by 25 C.C.R. § 8204(b). 90 Sub-factor #2: Homelessness or Extremely Low-Income Points shall be awarded for actions to prevent or address Homelessness. These points will be awarded to Applicants that: 1. Apply for TBRA; or 2. Proposed Project will primarily serve (50% or more) people experiencing Homelessness and/or those At Risk of Homelessness as defined in at 24 C.F.R. § 578.3; or 3. Proposed Project will primarily serve (50% or more) Extremely Low- Income Families, which means low-income families whose annual incomes do not exceed 30 percent of the median family income of a geographic area, as determined by HUD with adjustments for smaller and larger families. 110 TOTAL POINTS FOR PROGRAM ACTIVITIES 950 E. Point Deduction Rules Pursuant to 25 C.C.R. § 8217, Applicants who disencumbered a Project contract between June 1, 2019, and December 31, 2023, and their Developers, owners, and managing general partners, if any, for these Projects shall receive point deductions according to the above schedule for the deadlines the Project did not meet before the contract was disencumbered. Pursuant to 25 C.C.R. § 8217(b)(3), Projects that fail to meet deadlines outlined in the state regulations are subject to performance penalties, including point deductions for Projects, unless an exception has been granted by the Department in accordance with 25 C.C.R. § 8217(c). See Section III (B) of this NOFA for more specifics on point deductions. F. Rental Project Scoring and Notification Once rental Project application scoring is complete, emails will be sent to the authorized representative and contact person listed in the application describing the scores and facts upon which those scores were determined. Page 125 of 157 California Department of Housing and Community Development 51 HOME 2022-2023 NOFA G. Project Activity Feasibility Review In accordance with 25 C.C.R. § 8212(a)(6), 25 C.C.R. § 8310, and 24 C.F.R. § 92.250(b), the Department will perform underwriting analysis to substantiate the Project is financially feasible for at least 20 years, as well as cost allocation and subsidy layering analyses to determine the appropriate amount of the HOME award. To determine the Project’s feasibility and sustainability, the Department will review the Project Sources and Uses Form. When completing the application form, Applicants should be sure to include all known and potential Project costs, including, but not limited to, the following: • Site development issues • Local government approvals • Project market • Prevailing wages • Elevation above a flood plain • Relocation • Environmental remediation • Mitigation of environmental conditions and hazards • Any other factors that may impact the Project costs and/or schedule If an Applicant proposes to develop site(s) formerly used for agricultural, industrial, manufacturing, or commercial purposes, or the site is situated adjacent to, or in close proximity to, rail yards, airports, dumpsites, or other potentially contaminated properties, whether abandoned or operating, the Department may require Phase II environmental site assessment, or other soil assessment or testing, and a Floodplain Analysis. If not submitted with the application, these reports will be required after award as part of the NEPA process. If the Applicant has any indication that these conditions may exist, the Department highly recommends that Applicants complete an assessment, soil sampling, or other appropriate testing methodology, prior to submitting the application. The results should be submitted as part of the application documentation, and any additional costs the Project may incur must be included in the Project budget and Sources and Uses Form. Failure to include these items can increase the Project costs such that the Project is unfeasible, resulting in being noncompetitive for an award. For this reason, it is incumbent upon the Applicant to present verifiable and documented information in the application to prevent any unknown or uncertain Project costs. H. Appeals 1. Basis of Appeals a. Applicants may appeal the Department’s written determination that an application is incomplete, has failed threshold review, or has otherwise been determined to provide an insufficient basis for an award (including point scoring and tie breaker). Page 126 of 157 California Department of Housing and Community Development 52 HOME 2022-2023 NOFA b. At the sole discretion of the Department, the Department’s written determination may include a request for clarifying and/or corrective information. For purposes of this section, “clarifying information” includes information and/or documentation that resolves ambiguities in any application materials that will inform the Department’s threshold, scoring and feasibility determinations. c. No Applicant shall have the right to appeal a decision of the Department relating to another Applicant’s application (e.g., eligibility, award). d. Any request to appeal the Department’s decision regarding an application shall be reviewed for compliance with this NOFA. All decisions rendered shall be made by the Program Manager or his/her designee. The decision shall be final, binding, and conclusive, and shall constitute the final action of the Department. e. The appeal process provided herein applies solely to decisions of the Department made pursuant to this NOFA. 2. Appeal Process and Deadlines a. Process: To file an appeal, Applicants must submit to the Department, by the deadline set forth below, a written appeal which states all relevant facts, arguments, and evidence upon which the appeal is based. Furthermore, the Applicant must provide a detailed reference to the area or areas of the application that provide clarification and substantiation for the basis of the appeal. No new or additional information will be considered if this information would result in a competitive advantage to an Applicant. Once the appeal is submitted to the Department, no further information and/or materials may be accepted or considered. Appeals are to be submitted to the Department at HOMENOFA@hcd.ca.gov according to the deadline set forth in the Department review letters. b. Filing Deadline: Appeals must be received by the Department no later than five (5) business days from the date of the Department’s threshold review or initial score letters, as applicable, representing the Department’s decision made in response to the application. 3. Decision a. Any request to appeal the Department’s decision regarding an application shall be reviewed for compliance with this NOFA. All decisions rendered shall be final, binding, and conclusive, and shall constitute the final action of the Department. V. Award Announcements and Contracts A. Award Announcements Subject to the availability of funds, the Department intends to send Award letters by July 2024 for Program Activities and by September/October 2024 for Project Activities, for all successful Applicants. Updates on planned awards and contract status will be provided through the Department’s Listserv system. To be added to this list, go to https://www.hcd.ca.gov/contact-us/email-signup, scroll down, and select Federal Programs. Page 127 of 157 California Department of Housing and Community Development 53 HOME 2022-2023 NOFA B. Contracts Awardee(s) must enter into a Standard Agreement with the Department. The Standard Agreement contains all the relevant state and federal requirements, as well as specific information about the award and the work to be performed. The Standard Agreement will contain deadlines that are consistent with state and federal HOME regulations. Failure to meet these deadlines will be considered a material breach of the Standard Agreement. NOTE: The Standard Agreement may be delayed if Awardee does not timely provide the Department with all required entity resolutions and other entity documentation (e.g., bylaws, articles of incorporation, 501(c)(3) certification, certificate of good standing, limited partnership agreement), in form and content acceptable to the Department in its sole discretion, which evidences that Awardee has the legal authority to contract with the Department. A condition of award will be that a Standard Agreement is executed by the Awardee(s) within 90 days (contracting period) of the Awardees’ receipt of the Standard Agreement. Failure to execute and return the Standard Agreement(s) to the Department within the contracting period may result in award cancellation. The Awardee(s) shall remain a party to the Standard Agreement for the full term of the Standard Agreement; removal of the Awardee(s) shall be prohibited. VI. Federal and State Overlays All activities funded with HOME funds or HOME PI are required to comply, where applicable, with HUD’s federal “overlay” requirements found in 24 C.F.R. § 92.350, et seq. of the HOME Final Rule. Failure to comply with state or federal overlays could result in significant Project cost increases, rejection of the HOME application, and/or loss of points in current or future HOME funding rounds. Projects must comply with all applicable state and federal laws, including, but not limited to: a. National Environmental Policy Act (NEPA); b. California Environmental Quality Act (CEQA); c. State and federal (Davis Bacon) prevailing wage; d. URA Acquisition and Relocation; e. Equal Opportunity and Fair Housing; f. Affirmative Marketing; g. Section 504 of the Rehabilitation Act of 1973; h. Fair Housing Act (including accessibility and design requirements); i. Americans with Disabilities Act, where applicable; j. Section 3 (employment of low-income persons); Page 128 of 157 California Department of Housing and Community Development 54 HOME 2022-2023 NOFA k. Single Audit Report 2 C.F.R. Part 200; and l. Tenant protections and selection practices pursuant to 24 C.F.R. § 92.253. National Environmental Policy Act (NEPA) & HUD Environmental Review Requirements (contained in 42 U.S.C. §§ 4321-4347 and the implementing regulations at 24 C.F.R. Part 58) After Applicant has submitted the HOME application to the Department, and before the NEPA Authority to Use Grant Funds (AUGF) has been issued, the Applicant and any participant in the development process shall not engage in any Choice-Limiting Actions as defined in this NOFA. All Choice-Limiting Actions on the site or on behalf of the project by anyone after the HOME application has been submitted to the Department and before the AUGF is issued will disqualify an Applicant’s Project from receiving any HCD federal funds – not only for this HOME NOFA round, but future NOFA rounds. Thus, Applicants must take great caution before proceeding with project activities. NOTE: Pursuant to HUD’s NEPA regulations, certain activities are not considered Choice-Limiting Actions regardless of when they are carried out. These activities include, but are not limited to, such things as: environmental and other studies; resource identification and development of plans and strategies; submitting funding applications, inspections and testing for hazards or defects; purchase of insurance; payment of principal and interest on loans made or obligations guaranteed by HUD; and assistance for improvements that do not alter environmental conditions and are necessary to address the effects from disasters or imminent threats to public safety. For more information on activities not considered Choice-Limiting Actions, see 24 C.F.R. § 58.22. For all new construction Projects and substantial rehabilitation Projects, compliance with NEPA is evidenced by an AUGF. HUD issues the AUGF for CHDO and Developer Projects, and the Department issues the AUGF for State Recipient Projects. For the few rehabilitation Projects not requiring an AUGF, state approval of the environmental documentation is still required prior to taking any Choice-Limiting Actions. For a thorough explanation of the NEPA process, see Chapter V of the HOME Contract Management Manual at https://www.hcd.ca.gov/grants-and-funding/programs- active/home-investment-partnerships-program/home-contract-management-manual. The Department encourages commencement of the NEPA Environmental Assessment (EA) process as soon as possible, but no later than receipt of the Award letter. For rental Projects, Project reports often require additional analysis of environmental impacts. Submit general questions regarding Choice-Limiting Actions, or the level of environmental assessment required of the Project, to NEPA@hcd.ca.gov prior to taking any action concerning the proposed HOME Project. The application must disclose all known environmental hazards, and, if awarded, the Department must be fully informed of all environmental issues. Failure to do so will be considered a material misrepresentation and result in a performance point penalty for all members of the development team for future HOME applications with the Department. NOTE: The Department is unable to give legal advice regarding a specific Project or program. If an Applicant has specific questions regarding a Choice-Limiting Action, or Page 129 of 157 California Department of Housing and Community Development 55 HOME 2022-2023 NOFA environmental laws that may affect the Project or program, the Department recommends that the Applicant consult with a legal advisor or professional consultant prior to taking any actions on the Project. Applicants understand and agree that they are solely responsible for their decisions with respect to Choice-Limiting Actions, or potentially Choice-Limiting Actions, and the Department shall have no liability therefor. Federal Prevailing Wage Requirements (Davis-Bacon) Federal prevailing wages must be paid on Projects involving site development, construction, and rehabilitation, where there are 12 or more HOME-assisted units. The HOME Applicant and the construction contractor must ensure that the Davis-Bacon wage requirements as well as state prevailing wage laws are followed, where applicable. The Sources and Uses Form submitted with the HOME application will be examined to ensure that prevailing wage costs have been considered (state and federal, if applicable). CHDOs are required to hire an outside consultant to act as a Labor Standards Coordinator. If the HOME Applicant does not have existing staff to enforce federal labor standards, then it is highly recommended that an outside labor consultant be hired. For Projects located on Native American Lands as defined by 25 C.C.R. § 8201(y)(1) and the HOME applicant has adopted a Tribally Determined Wage (TDW) in accordance with Tribal law, the HOME Applicant may apply its TDW in lieu of Davis Bacon and the California prevailing wage law. Homebuyer Self-Help Projects with 12 or more HOME-assisted units may be excluded from Davis-Bacon wage requirements if either of the following applies: a. Site development was completed before the HOME application, the use of HOME funds was not contemplated when the site development was completed, and there are no agreements or contracts for more than 11 HOME units. If the use of HOME was contemplated before the site development was completed, Davis-Bacon wages must be paid on the entire Project; or b. If the Self-Help families purchase finished lots and contract individually with the General Contractor for construction of their homes, and there are no other construction contracts or subcontracts that cover more than one unit. Displacement, Relocation, and Acquisition Requirements Relocation assistance must be provided if individuals and/or businesses will be temporarily relocated or permanently displaced as a result of a HOME-assisted Project. All Projects are required to comply with the Uniform Relocation Assistance and Real Property Acquisition Act (URA) and the Displacement, Relocation, and Acquisition requirements pursuant to 24 C.F.R. § 92.353. Specifically, federal relocation requirements extend back to the “initiation of negotiations” (ION). For more information on federal displacement, relocation, and acquisition requirements, see HUD’s CPD Handbook 1378.0. Submit questions regarding ION determinations to HOMENOFA@hcd.ca.gov This recommendation applies to all rental and FTHB Projects involving any relocation activities. An accurate determination is critical because relocation costs may be higher if Page 130 of 157 California Department of Housing and Community Development 56 HOME 2022-2023 NOFA an earlier ION date is necessary. Applications for tenant-occupied properties must have already provided the General Information Notice (GIN) to all tenants by the date of the ION. The Sources and Uses form submitted with the application must adequately budget for relocation costs. Consistent with federal relocation requirements prohibiting economic displacement, if rents for existing tenants will increase, a transition reserve must be budgeted to maintain rents for existing tenants at the higher of 30 percent (30%) of their income at ION or the rent at the time of ION, not including regular increases in expenses, for as long as they live in the Project. Homebuyer 90-Day Vacancy Rule: Relocation requirements will also be triggered if a FTHB proposes to purchase a home that has been occupied by a renter in the 90 days preceding the date of the purchase agreement. Exceptions to this rule can be made by the Department on a case-by-case basis with adequate third-party documentation that the tenant moved for reasons unrelated to the sale of the property, such as the tenant moving for another job. Normally, relocation will not be triggered for OOR or TBRA programs. However, temporary relocation costs are an eligible HOME grant expense. A relocation certification is required for all Projects including vacant site(s). Applicants that assert their Project does not require relocation must submit a detailed explanation, including supporting documentation, as to why relocation (of tenants, farms, businesses, etc.) is not required. The Department will review the documentation and make a determination as to whether a relocation plan is necessary. Relocation considerations include the following: • Vacant land, which is land that is not developed or being used for agricultural purposes; • Property vacated for the Project, then relocation applies; and • Tenants include anyone who is living or storing their belongings on the property with the owner’s consent, whether or not the “tenant” pays rent. Squatters are not tenants. If relocation is not required, the Department will issue a Certification Regarding Non- application of Relocation Benefits and Indemnification Agreement (“Non-Relocation Certification”). This Non-Relocation Certification must be executed by the Applicant/borrower/sponsor prior to the Department executing the Standard Agreement, and as a condition thereof. The Non-Relocation Certification substantiates and certifies that there is no displacement including, but not limited to, the displacement of tenants, businesses, and farms; therefore, no relocation is required. Submission of thorough and clear supporting information will lead to a more efficient review and decision. The following are examples of supporting documentation for the Non-Relocation Certification: • Background information Page 131 of 157 California Department of Housing and Community Development 57 HOME 2022-2023 NOFA • Project information • Reports from professionals, such as appraisal or soils report • Purchase information • Mini relocation plan with pictures of the vacant land • Summary relocation report • Scope of Work from the general contractor • Letter from the Project engineer stating the scope of work • Sales contract evidencing the purchase of vacant land • ALTA survey of (purchased) vacant land • Property tax assessment for vacant land • Photographic evidence of vacant land Pursuant to 24 C.F.R. § 92.353(g) regarding “Displacement, Relocation and Acquisition: Appeals,” a person who disagrees with the participating jurisdiction's determination concerning whether the person qualifies as a displaced person, or the amount of relocation assistance for which the person may be eligible, may file a written appeal of that determination with the jurisdiction. A low-income person who is dissatisfied with the jurisdiction's determination on his or her appeal may submit a written request for review of that determination to the HUD Field Office. Procurement Requirements for State Recipients Using Administrative Subcontractors Except for procurement of the NEPA consultant, which can be accomplished using the small purchase procurement method (i.e., by use of informal price quotations), State Recipients using administrative subcontractors paid with HOME Funds must follow a competitive Request for Qualifications (RFQ) or Request for Proposals (RFP) procurement process to select the administrative subcontractor. For information on this procurement process, see the HOME Contract Management Manual at http://www.hcd.ca.gov/grants-funding/active-funding/home/cmm.shtml Single Audit Report Documentation and Reporting Requirements The Awardee must collect and report data upon execution of the Regulatory Agreement until the final Project Completion Report is accepted in the federal disbursement and information system, and annual performance reports must be submitted to the Department during the entire affordability period pertaining to the outcomes of the program and pursuant to the Regulatory Agreement provisions. Local government Applicants must comply with 2 C.F.R. Part 200.512 Single Audit Report Submission requirements. The Department will make the determination on the status of the Single Audit reporting compliance as of the date of application submission by consultation with the California State Controller’s Office (SCO). Jurisdictions that are exempt from filing must submit a copy of the exemption letter notifying the SCO of their exempt status with their application. Page 132 of 157 California Department of Housing and Community Development 58 HOME 2022-2023 NOFA Applicants/Awardees are responsible for disclosing all changes to the Project since submitting the application. Such changes could include, but are not limited to, development team member changes, increased or decreased costs, intent to apply for additional funds, changed Project description, environmental issues, and Project timeline changes. Questions regarding compliance with the submittal requirements can be directed to HOMENOFA@hcd.ca.gov. Violence Against Women Act Requirements Projects must implement policies and practices that comply with the Violence Against Women Act (“VAWA”) (Title VI-Safe Homes for Victims of Domestic Violence, Dating Violence, Sexual Assault, and Stalking – Section 601 – 603 and 81 C.F.R. § 80724), in accordance with federal HOME regulations at 24 C.F.R. § 92.359. Fair Housing and Tenants’ Rights Protections The Applicant/Awardee must comply with all applicable local, state, and federal laws, constitutions, codes, standards, rules, guidelines, and regulations, including, without limitation, those that pertain to accessibility, construction, health and safety, labor, fair housing, fair employment practices, affirmative marketing and outreach practices, nondiscrimination, and equal opportunity, where applicable. To the furthest extent applicable and subject to federal preemption, the Applicant/Awardee must comply with all relevant laws, including, without limitation, the California Fair Employment and Housing Act (Gov. Code, § 12900 et seq.); the Unruh Civil Rights Act (Civ. Code, § 51); Government Code § 11135 (the prohibition of discrimination in state-funded programs); Government Code § 8899.50 (the duty to affirmatively further fair housing); California’s Housing Element Law (Gov. Code, § 65583 et seq.); California Code of Regulations, Title 2, §§12264 – 12271 (legally permissible consideration of criminal history information in housing); Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq.); the ADA of 1990 (42 U.S.C. § 12101 et seq.); the Fair Housing Act (FHA) and amendments (42 U.S.C. § 3601 et seq.); the Fair Housing Amendments Act of 1988; Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794); the Architectural Barriers Act of 1968 (42 U.S.C. § 4151 et seq.); the Age Discrimination Act of 1975 (42 U.S.C. §§ 6101 – 6107); and all federal and state regulations implementing these laws. Federal Section 3 Rule In 2020, HUD published a final rule (24 C.F.R. Part 75) (“Section 3”), which outlines requirements for creating economic opportunities for low and very low-income persons and eligible businesses. To the greatest extent possible, Section 3 requires that recipients of certain HUD financial assistance (which includes HOME funds) provide job training and employment opportunities to low- or very low-income residents in connection with HOME Projects and activities in their neighborhoods. Page 133 of 157 California Department of Housing and Community Development 59 HOME 2022-2023 NOFA VII. Other Terms and Conditions A. Right to Modify or Suspend The Department reserves the right, at is sole discretion, to suspend, rescind, amend, modify, or supplement the provisions of this NOFA at any time, including without limitation, the amount of funds available hereunder. If such an action occurs, the Department will notify all interested parties via a Listserv notice and will post the revisions to the Department website. Be sure to sign up for our Listserv at https://www.hcd.ca.gov/contact-us/email-signup by choosing “Federal Programs.” This NOFA is not a commitment of funds to any activity or Applicant. B. Conflicts In the event of any conflict between the terms of this NOFA and either applicable state or federal law or regulation, the terms of the applicable state or federal law or regulation (whichever is stricter) shall control. Applicants are deemed to have fully read and understand all applicable state and federal laws, regulations, and guidelines pertaining to the HOME Program, and understand and agree that the Department shall not be responsible for any errors or omissions in the preparation of this NOFA. C. False, Fictitious or Fraudulent Claims Warning: Any person who knowingly makes a false claim or statement to HUD or the Department in connection with this HOME NOFA may be subject to civil or criminal penalties under 18 U.S.C. 287, 1001 and 31 U.S.C. 3729. D. Detecting, Preventing, and Reporting Fraud Fraud is a white-collar crime that has a devastating effect on the HOME program because the HOME program beneficiaries are victims of this crime when the HOME program is abused. The Department wants to stop any criminal assault on the HOME program it administers, and in doing so ensure all HOME funds go to people it was designed to help and improve their living conditions. E. Combating Fraud The HUD Office of Inspector General (OIG) is committed to protecting HUD’s programs, operations, and beneficiaries from dishonest individuals and organizations. HUD cannot combat fraud alone; they rely on the Department and HOME NOFA Applicants to combat HOME program fraud. HUD also relies on Applicants for, and people receiving, HUD benefits, such as: tenants receiving rental assistance, borrowers with HUD insured loans, and/or citizens having their communities restored using HUD grants. The HUD OIG Hotline number is 1-800-347-3735. This is the primary means to submit allegations of fraud, waste, abuse, mismanagement, or Whistleblower related matters for the HOME program to the OIG. Page 134 of 157 California Department of Housing and Community Development 60 HOME 2022-2023 NOFA HUD OIG accepts reports of fraud, waste, abuse, or mismanagement in the HOME program from HUD employees, anyone administering the HOME program, anyone working in the HOME program, contractors, and the public. Complaints can report mismanagement or violations of law, rules, or regulations by HUD employees or program participants. Fraud, waste and abuse in the HOME program and its operation may be reported in one of the following four (4) ways: By email to: hotline@hudoig.gov By phone: Call toll free: 1-800-347-3735 By fax: 202-708-4829 By mail: U.S. Department of Housing & Urban Development HUD OIG, Office of Investigation, Room 1200 Field Office One Sansome Street San Francisco, CA 94104 (213) 534-2518 HUD OIG, Office of Investigation Suite 4070 Regional Office 300 North Los Angeles Street Los Angeles, CA 90012 (213) 534-2518. F. Whistleblower Protection Acts (Federal Whistleblower Protection Act (5 U.S.C Section 2302(b)(8)) The Federal Whistleblower Protection Act (WPA) protects employees from retaliation for making protected disclosures. The WPA also provides penalties for supervisors who retaliate against Whistleblowers. 1. A disclosure is protected under the WPA if the employee discloses information the employee reasonably believes to be evidence of: a. a violation of any law, rule, or regulation, b. gross mismanagement, c. a gross waste of funds, d. an abuse of authority, or Page 135 of 157 California Department of Housing and Community Development 61 HOME 2022-2023 NOFA e. a substantial and specific danger to public health or safety. 2. In general, an employee or Applicant may make a protected disclosure to anyone, including non-governmental audiences, unless the information is classified or specifically prohibited by law from release. Options for making a protected disclosure include: a. Informing a supervisor or someone higher up in management, b. Submitting a complaint to the OIG by emailing the OIG at oig@ftc.gov, c. Filing a complaint with the Office of Special Counsel (OSC) https://www.osc.gov/. The California Whistleblower Protection Act (Title 2, Division 1, Chapter 6.5, Article 3.5, Gov. Code §§ 8548-8548.5) The California Whistleblower Protection Act authorizes the California State Auditor to receive complaints from state employees and members of the public who wish to report an improper governmental activity. An "improper governmental activity" is any action by a state agency or any action by a state employee directly related to state government that: 1. Violates any state or federal law or regulation, 2. Violates an Executive Order of the Governor, a California Rule of Court, or any policy or procedure required by the State Administrative Manual or State Contracting Manual, or 3. Is economically wasteful or involves gross misconduct, incompetency, or inefficiency. Complaints received by the State Auditor are confidential, and the identity of the complainant may not be revealed without the complainant's permission, aside from to an appropriate law enforcement agency conducting a criminal investigation. There are many ways to file a complaint: 1. By Telephone Call the Whistleblower Hotline at (800) 952-5665 to file a complaint by talking to one of the State Auditor's employees. The hotline generally is staffed Monday through Friday from 8:00 a.m. to 5:00 p.m. If when called, the hotline is not being staffed, or staff is occupied with other calls, a voicemail message can be left requesting a return call. 2. By Mail or Facsimile To file a complaint in writing, submit a letter to the State Auditor addressed as follows: Investigations California State Auditor P.O. Box 1019 Sacramento, CA 95812 Or the letter may be faxed to the State Auditor at (916) 322-2603. As an alternative, a complaint form may be accessed electronically (which is available on the State Auditor website at auditor.ca.gov). To submit, print it out, and return it by mail or facsimile as stated above. 3. Online Although the State Auditor does not accept complaints by email, complaints may be submitted online at https://www.auditor.ca.gov/contactus/complaint. Page 136 of 157 California Department of Housing and Community Development 62 HOME 2022-2023 NOFA The State Auditor will not undertake an investigation unless there is a basis for believing that a complaint has sufficient merit to warrant spending resources on an investigation. A complaint should therefore include: a. A clear and concise statement of what is being alleged to be improper activity and why it is believed to be improper. b. The name or other information that clearly identifies the person alleged to have acted improperly and the department where that person works. c. The names and contact information for any witnesses who can confirm the truth of the complaint. d. Copies of any documents that will support the complaint. (Do not submit original documents, as they cannot be returned.) G. Cancellation and Defaults If HCD is required to repay HUD for HOME funds invested in affordable housing because the Project failed to meet the required minimum period of affordability (pursuant to 24 C.F.R. § 92.252(e)), then the Applicant/Developer/Contractor must repay the same amount back to the Department upon demand. Terminated Projects: If a HOME Project is terminated pursuant to 24 C.F.R. § 92.205 and the Department has to repay any HOME funds invested in the Project to the participating jurisdiction's HOME Investment Trust Fund in accordance with 24 C.F.R. § 92.503(b), then Applicant/Sponsor/Developer/Borrower must repay that money back to the Department, so the Department can be made whole. H. Loan Closing Requirements Sponsor must submit all Department Closing Checklist items well in advance of the anticipated construction loan closing, occupancy, and permanent loan closing dates. Sponsors and Borrowers should allow at minimum 60 days after they have submitted to the Department the (i) final due diligence documents; and (ii) final signed transaction summary report for a loan to close. With the Department’s current workload, the Department strongly recommends Sponsors and Borrower allow at minimum 90 days after submitting the final signed transaction summary for a HOME loan to close. Failure by Sponsors and Borrowers to timely submit (i) the required due diligence documentation; and (ii) the final signed transaction summary will result in an unnecessary delay to the date when the Department loan will be able to close and may result in extra costs to Borrower. Sponsors and Borrowers are responsible to plan accordingly to ensure a timely closing. VIII. List of Appendices Appendix A: Eligible HOME Jurisdictions Appendix B: CHDO Certification Instructions Appendix C: Community Needs Score Page 137 of 157 2023 State HOME Income Limits - Effective June 15, 2023 *Percentages may not be mathematically related to each other due to rounding County Income Category*1 2 3 4 5 6 7 8 Alameda 30% Limits $31,050 $35,500 $39,950 $44,350 $47,900 $51,450 $55,000 $58,550 Very Low Income 50%$51,800 $59,200 $66,600 $73,950 $79,900 $85,800 $91,700 $97,650 60% Limits $62,160 $71,040 $79,920 $88,740 $95,880 $102,960 $110,040 $117,180 Low Income 80%$78,550 $89,750 $100,950 $112,150 $121,150 $130,100 $139,100 $148,050 Alpine 30% Limits $20,200 $23,100 $26,000 $28,850 $31,200 $33,500 $35,800 $38,100 Very Low Income 50%$33,650 $38,450 $43,250 $48,050 $51,900 $55,750 $59,600 $63,450 60% Limits $40,380 $46,140 $51,900 $57,660 $62,280 $66,900 $71,520 $76,140 Low Income 80%$53,850 $61,550 $69,250 $76,900 $83,100 $89,250 $95,400 $101,550 Amador 30% Limits $19,250 $22,000 $24,750 $27,500 $29,700 $31,900 $34,100 $36,300 Very Low Income 50%$32,100 $36,700 $41,300 $45,850 $49,550 $53,200 $56,900 $60,550 60% Limits $38,520 $44,040 $49,560 $55,020 $59,460 $63,840 $68,280 $72,660 Low Income 80%$51,350 $58,700 $66,050 $73,350 $79,250 $85,100 $91,000 $96,850 Butte 30% Limits $17,350 $19,800 $22,300 $24,750 $26,750 $28,750 $30,700 $32,700 Very Low Income 50%$28,900 $33,000 $37,150 $41,250 $44,550 $47,850 $51,150 $54,450 60% Limits $34,680 $39,600 $44,580 $49,500 $53,460 $57,420 $61,380 $65,340 Low Income 80%$46,200 $52,800 $59,400 $65,950 $71,250 $76,550 $81,800 $87,100 Calaveras 30% Limits $20,050 $22,900 $25,750 $28,600 $30,900 $33,200 $35,500 $37,800 Very Low Income 50%$33,400 $38,150 $42,900 $47,650 $51,500 $55,300 $59,100 $62,900 60% Limits $40,080 $45,780 $51,480 $57,180 $61,800 $66,360 $70,920 $75,480 Low Income 80%$53,400 $61,000 $68,650 $76,250 $82,350 $88,450 $94,550 $100,650 Colusa 30% Limits $17,350 $19,800 $22,300 $24,750 $26,750 $28,750 $30,700 $32,700 Very Low Income 50%$28,900 $33,000 $37,150 $41,250 $44,550 $47,850 $51,150 $54,450 60% Limits $34,680 $39,600 $44,580 $49,500 $53,460 $57,420 $61,380 $65,340 Low Income 80%$46,200 $52,800 $59,400 $65,950 $71,250 $76,550 $81,800 $87,100 Contra Costa 30% Limits $31,050 $35,500 $39,950 $44,350 $47,900 $51,450 $55,000 $58,550 Very Low Income 50%$51,800 $59,200 $66,600 $73,950 $79,900 $85,800 $91,700 $97,650 60% Limits $62,160 $71,040 $79,920 $88,740 $95,880 $102,960 $110,040 $117,180 Low Income 80%$78,550 $89,750 $100,950 $112,150 $121,150 $130,100 $139,100 $148,050 Del Norte 30% Limits $17,350 $19,800 $22,300 $24,750 $26,750 $28,750 $30,700 $32,700 Very Low Income 50%$28,900 $33,000 $37,150 $41,250 $44,550 $47,850 $51,150 $54,450 60% Limits $34,680 $39,600 $44,580 $49,500 $53,460 $57,420 $61,380 $65,340 Low Income 80%$46,200 $52,800 $59,400 $65,950 $71,250 $76,550 $81,800 $87,100 El Dorado 30% Limits $22,550 $25,750 $28,950 $32,150 $34,750 $37,300 $39,900 $42,450 Very Low Income 50%$37,550 $42,900 $48,250 $53,600 $57,900 $62,200 $66,500 $70,800 60% Limits $45,060 $51,480 $57,900 $64,320 $69,480 $74,640 $79,800 $84,960 Low Income 80%$60,050 $68,600 $77,200 $85,750 $92,650 $99,500 $106,350 $113,200 Fresno 30% Limits $17,350 $19,800 $22,300 $24,750 $26,750 $28,750 $30,700 $32,700 Very Low Income 50%$28,900 $33,000 $37,150 $41,250 $44,550 $47,850 $51,150 $54,450 60% Limits $34,680 $39,600 $44,580 $49,500 $53,460 $57,420 $61,380 $65,340 Low Income 80%$46,200 $52,800 $59,400 $65,950 $71,250 $76,550 $81,800 $87,100 Glenn 30% Limits $17,350 $19,800 $22,300 $24,750 $26,750 $28,750 $30,700 $32,700 Very Low Income 50%$28,900 $33,000 $37,150 $41,250 $44,550 $47,850 $51,150 $54,450 60% Limits $34,680 $39,600 $44,580 $49,500 $53,460 $57,420 $61,380 $65,340 Low Income 80%$46,200 $52,800 $59,400 $65,950 $71,250 $76,550 $81,800 $87,100 Humboldt 30% Limits $17,350 $19,800 $22,300 $24,750 $26,750 $28,750 $30,700 $32,700 Very Low Income 50%$28,900 $33,000 $37,150 $41,250 $44,550 $47,850 $51,150 $54,450 60% Limits $34,680 $39,600 $44,580 $49,500 $53,460 $57,420 $61,380 $65,340 Low Income 80%$46,200 $52,800 $59,400 $65,950 $71,250 $76,550 $81,800 $87,100 Imperial 30% Limits $17,350 $19,800 $22,300 $24,750 $26,750 $28,750 $30,700 $32,700 Very Low Income 50%$28,900 $33,000 $37,150 $41,250 $44,550 $47,850 $51,150 $54,450 60% Limits $34,680 $39,600 $44,580 $49,500 $53,460 $57,420 $61,380 $65,340 Low Income 80%$46,200 $52,800 $59,400 $65,950 $71,250 $76,550 $81,800 $87,100 Inyo 30% Limits $17,950 $20,500 $23,050 $25,600 $27,650 $29,700 $31,750 $33,800 Very Low Income 50%$29,900 $34,200 $38,450 $42,700 $46,150 $49,550 $52,950 $56,400 60% Limits $35,880 $41,040 $46,140 $51,240 $55,380 $59,460 $63,540 $67,680 Low Income 80%$47,850 $54,650 $61,500 $68,300 $73,800 $79,250 $84,700 $90,200 Kern 30% Limits $17,350 $19,800 $22,300 $24,750 $26,750 $28,750 $30,700 $32,700 Very Low Income 50%$28,900 $33,000 $37,150 $41,250 $44,550 $47,850 $51,150 $54,450 60% Limits $34,680 $39,600 $44,580 $49,500 $53,460 $57,420 $61,380 $65,340 Low Income 80%$46,200 $52,800 $59,400 $65,950 $71,250 $76,550 $81,800 $87,100 Number of Persons in Household ATTACHMENT 2 Page 138 of 157 2023 State HOME Income Limits - Effective June 15, 2023 *Percentages may not be mathematically related to each other due to rounding County Income Category*1 2 3 4 5 6 7 8 Number of Persons in Household Kings 30% Limits $17,350 $19,800 $22,300 $24,750 $26,750 $28,750 $30,700 $32,700 Very Low Income 50%$28,900 $33,000 $37,150 $41,250 $44,550 $47,850 $51,150 $54,450 60% Limits $34,680 $39,600 $44,580 $49,500 $53,460 $57,420 $61,380 $65,340 Low Income 80%$46,200 $52,800 $59,400 $65,950 $71,250 $76,550 $81,800 $87,100 Lake 30% Limits $17,350 $19,800 $22,300 $24,750 $26,750 $28,750 $30,700 $32,700 Very Low Income 50%$28,900 $33,000 $37,150 $41,250 $44,550 $47,850 $51,150 $54,450 60% Limits $34,680 $39,600 $44,580 $49,500 $53,460 $57,420 $61,380 $65,340 Low Income 80%$46,200 $52,800 $59,400 $65,950 $71,250 $76,550 $81,800 $87,100 Lassen 30% Limits $17,650 $20,150 $22,650 $25,150 $27,200 $29,200 $31,200 $33,200 Very Low Income 50%$29,350 $33,550 $37,750 $41,900 $45,300 $48,650 $52,000 $55,350 60% Limits $35,220 $40,260 $45,300 $50,280 $54,360 $58,380 $62,400 $66,420 Low Income 80%$46,950 $53,650 $60,350 $67,050 $72,450 $77,800 $83,150 $88,550 Los Angeles 30% Limits $26,500 $30,300 $34,100 $37,850 $40,900 $43,950 $46,950 $50,000 Very Low Income 50%$44,150 $50,450 $56,750 $63,050 $68,100 $73,150 $78,200 $83,250 60% Limits $52,980 $60,540 $68,100 $75,660 $81,720 $87,780 $93,840 $99,900 Low Income 80%$70,650 $80,750 $90,850 $100,900 $109,000 $117,050 $125,150 $133,200 Madera 30% Limits $17,350 $19,800 $22,300 $24,750 $26,750 $28,750 $30,700 $32,700 Very Low Income 50%$28,900 $33,000 $37,150 $41,250 $44,550 $47,850 $51,150 $54,450 60% Limits $34,680 $39,600 $44,580 $49,500 $53,460 $57,420 $61,380 $65,340 Low Income 80%$46,200 $52,800 $59,400 $65,950 $71,250 $76,550 $81,800 $87,100 Marin 30% Limits $39,050 $44,600 $50,200 $55,750 $60,250 $64,700 $69,150 $73,600 Very Low Income 50%$65,050 $74,350 $83,650 $92,900 $100,350 $107,800 $115,200 $122,650 60% Limits $78,060 $89,220 $100,380 $111,480 $120,420 $129,360 $138,240 $147,180 Low Income 80%$104,100 $118,950 $133,800 $148,650 $160,550 $172,450 $184,350 $196,250 Mariposa 30% Limits $17,350 $19,800 $22,300 $24,750 $26,750 $28,750 $30,700 $32,700 Very Low Income 50%$28,900 $33,000 $37,150 $41,250 $44,550 $47,850 $51,150 $54,450 60% Limits $34,680 $39,600 $44,580 $49,500 $53,460 $57,420 $61,380 $65,340 Low Income 80%$46,200 $52,800 $59,400 $65,950 $71,250 $76,550 $81,800 $87,100 Mendocino 30% Limits $17,850 $20,400 $22,950 $25,500 $27,550 $29,600 $31,650 $33,700 Very Low Income 50%$29,750 $34,000 $38,250 $42,500 $45,900 $49,300 $52,700 $56,100 60% Limits $35,700 $40,800 $45,900 $51,000 $55,080 $59,160 $63,240 $67,320 Low Income 80%$47,600 $54,400 $61,200 $68,000 $73,450 $78,900 $84,350 $89,800 Merced 30% Limits $17,350 $19,800 $22,300 $24,750 $26,750 $28,750 $30,700 $32,700 Very Low Income 50%$28,900 $33,000 $37,150 $41,250 $44,550 $47,850 $51,150 $54,450 60% Limits $34,680 $39,600 $44,580 $49,500 $53,460 $57,420 $61,380 $65,340 Low Income 80%$46,200 $52,800 $59,400 $65,950 $71,250 $76,550 $81,800 $87,100 Modoc 30% Limits $17,350 $19,800 $22,300 $24,750 $26,750 $28,750 $30,700 $32,700 Very Low Income 50%$28,900 $33,000 $37,150 $41,250 $44,550 $47,850 $51,150 $54,450 60% Limits $34,680 $39,600 $44,580 $49,500 $53,460 $57,420 $61,380 $65,340 Low Income 80%$46,200 $52,800 $59,400 $65,950 $71,250 $76,550 $81,800 $87,100 Mono 30% Limits $17,850 $20,400 $22,950 $25,500 $27,550 $29,600 $31,650 $33,700 Very Low Income 50%$29,750 $34,000 $38,250 $42,500 $45,900 $49,300 $52,700 $56,100 60% Limits $35,700 $40,800 $45,900 $51,000 $55,080 $59,160 $63,240 $67,320 Low Income 80%$47,600 $54,400 $61,200 $68,000 $73,450 $78,900 $84,350 $89,800 Monterey 30% Limits $25,300 $28,900 $32,500 $36,100 $39,000 $41,900 $44,800 $47,700 Very Low Income 50%$42,150 $48,200 $54,200 $60,200 $65,050 $69,850 $74,650 $79,500 60% Limits $50,580 $57,840 $65,040 $72,240 $78,060 $83,820 $89,580 $95,400 Low Income 80%$67,450 $77,100 $86,750 $96,350 $104,100 $111,800 $119,500 $127,200 Napa 30% Limits $28,050 $32,050 $36,050 $40,050 $43,300 $46,500 $49,700 $52,900 Very Low Income 50%$46,750 $53,400 $60,100 $66,750 $72,100 $77,450 $82,800 $88,150 60% Limits $56,100 $64,080 $72,120 $80,100 $86,520 $92,940 $99,360 $105,780 Low Income 80%$74,700 $85,400 $96,050 $106,700 $115,250 $123,800 $132,350 $140,850 Nevada 30% Limits $21,900 $25,000 $28,150 $31,250 $33,750 $36,250 $38,750 $41,250 Very Low Income 50%$36,500 $41,700 $46,900 $52,100 $56,300 $60,450 $64,650 $68,800 60% Limits $43,800 $50,040 $56,280 $62,520 $67,560 $72,540 $77,580 $82,560 Low Income 80%$58,350 $66,700 $75,050 $83,350 $90,050 $96,700 $103,400 $110,050 Orange 30% Limits $30,150 $34,450 $38,750 $43,050 $46,500 $49,950 $53,400 $56,850 Very Low Income 50%$50,250 $57,400 $64,600 $71,750 $77,500 $83,250 $89,000 $94,750 60% Limits $60,300 $68,880 $77,520 $86,100 $93,000 $99,900 $106,800 $113,700 Low Income 80%$80,400 $91,850 $103,350 $114,800 $124,000 $133,200 $142,400 $151,550 Placer 30% Limits $22,550 $25,750 $28,950 $32,150 $34,750 $37,300 $39,900 $42,450 Very Low Income 50%$37,550 $42,900 $48,250 $53,600 $57,900 $62,200 $66,500 $70,800 60% Limits $45,060 $51,480 $57,900 $64,320 $69,480 $74,640 $79,800 $84,960 Low Income 80%$60,050 $68,600 $77,200 $85,750 $92,650 $99,500 $106,350 $113,200 Page 139 of 157 2023 State HOME Income Limits - Effective June 15, 2023 *Percentages may not be mathematically related to each other due to rounding County Income Category*1 2 3 4 5 6 7 8 Number of Persons in Household Plumas 30% Limits $17,650 $20,150 $22,650 $25,150 $27,200 $29,200 $31,200 $33,200 Very Low Income 50%$29,350 $33,550 $37,750 $41,900 $45,300 $48,650 $52,000 $55,350 60% Limits $35,220 $40,260 $45,300 $50,280 $54,360 $58,380 $62,400 $66,420 Low Income 80%$46,950 $53,650 $60,350 $67,050 $72,450 $77,800 $83,150 $88,550 Riverside 30% Limits $19,600 $22,400 $25,200 $27,950 $30,200 $32,450 $34,700 $36,900 Very Low Income 50%$32,650 $37,300 $41,950 $46,600 $50,350 $54,100 $57,800 $61,550 60% Limits $39,180 $44,760 $50,340 $55,920 $60,420 $64,920 $69,360 $73,860 Low Income 80%$52,200 $59,650 $67,100 $74,550 $80,550 $86,500 $92,450 $98,450 Sacramento 30% Limits $22,550 $25,750 $28,950 $32,150 $34,750 $37,300 $39,900 $42,450 Very Low Income 50%$37,550 $42,900 $48,250 $53,600 $57,900 $62,200 $66,500 $70,800 60% Limits $45,060 $51,480 $57,900 $64,320 $69,480 $74,640 $79,800 $84,960 Low Income 80%$60,050 $68,600 $77,200 $85,750 $92,650 $99,500 $106,350 $113,200 San Benito 30% Limits $23,400 $26,750 $30,100 $33,400 $36,100 $38,750 $41,450 $44,100 Very Low Income 50%$39,000 $44,550 $50,100 $55,650 $60,150 $64,600 $69,050 $73,500 60% Limits $46,800 $53,460 $60,120 $66,780 $72,180 $77,520 $82,860 $88,200 Low Income 80%$62,350 $71,250 $80,150 $89,050 $96,200 $103,300 $110,450 $117,550 San Bernardino 30% Limits $19,600 $22,400 $25,200 $27,950 $30,200 $32,450 $34,700 $36,900 Very Low Income 50%$32,650 $37,300 $41,950 $46,600 $50,350 $54,100 $57,800 $61,550 60% Limits $39,180 $44,760 $50,340 $55,920 $60,420 $64,920 $69,360 $73,860 Low Income 80%$52,200 $59,650 $67,100 $74,550 $80,550 $86,500 $92,450 $98,450 San Diego 30% Limits $28,950 $33,100 $37,250 $41,350 $44,700 $48,000 $51,300 $54,600 Very Low Income 50%$48,250 $55,150 $62,050 $68,900 $74,450 $79,950 $85,450 $90,950 60% Limits $57,900 $66,180 $74,460 $82,680 $89,340 $95,940 $102,540 $109,140 Low Income 80%$77,200 $88,200 $99,250 $110,250 $119,100 $127,900 $136,750 $145,550 San Francisco 30% Limits $39,050 $44,600 $50,200 $55,750 $60,250 $64,700 $69,150 $73,600 Very Low Income 50%$65,050 $74,350 $83,650 $92,900 $100,350 $107,800 $115,200 $122,650 60% Limits $78,060 $89,220 $100,380 $111,480 $120,420 $129,360 $138,240 $147,180 Low Income 80%$104,100 $118,950 $133,800 $148,650 $160,550 $172,450 $184,350 $196,250 San Joaquin 30% Limits $18,450 $21,050 $23,700 $26,300 $28,450 $30,550 $32,650 $34,750 Very Low Income 50%$30,700 $35,100 $39,500 $43,850 $47,400 $50,900 $54,400 $57,900 60% Limits $36,840 $42,120 $47,400 $52,620 $56,880 $61,080 $65,280 $69,480 Low Income 80%$49,100 $56,100 $63,100 $70,100 $75,750 $81,350 $86,950 $92,550 San Luis Obispo 30% Limits $24,350 $27,800 $31,300 $34,750 $37,550 $40,350 $43,100 $45,900 Very Low Income 50%$40,550 $46,350 $52,150 $57,900 $62,550 $67,200 $71,800 $76,450 60% Limits $48,660 $55,620 $62,580 $69,480 $75,060 $80,640 $86,160 $91,740 Low Income 80%$64,900 $74,150 $83,400 $92,650 $100,100 $107,500 $114,900 $122,300 San Mateo 30% Limits $39,050 $44,600 $50,200 $55,750 $60,250 $64,700 $69,150 $73,600 Very Low Income 50%$65,050 $74,350 $83,650 $92,900 $100,350 $107,800 $115,200 $122,650 60% Limits $78,060 $89,220 $100,380 $111,480 $120,420 $129,360 $138,240 $147,180 Low Income 80%$104,100 $118,950 $133,800 $148,650 $160,550 $172,450 $184,350 $196,250 Santa Barbara 30% Limits $31,050 $35,500 $39,950 $44,350 $47,900 $51,450 $55,000 $58,550 Very Low Income 50%$51,800 $59,200 $66,600 $73,950 $79,900 $85,800 $91,700 $97,650 60% Limits $62,160 $71,040 $79,920 $88,740 $95,880 $102,960 $110,040 $117,180 Low Income 80%$82,950 $94,800 $106,650 $118,500 $128,000 $137,500 $146,950 $156,450 Santa Clara 30% Limits $37,450 $42,800 $48,150 $53,500 $57,800 $62,100 $66,350 $70,650 Very Low Income 50%$62,450 $71,400 $80,300 $89,200 $96,350 $103,500 $110,650 $117,750 60% Limits $74,940 $85,680 $96,360 $107,040 $115,620 $124,200 $132,780 $141,300 Low Income 80%$96,000 $109,700 $123,400 $137,100 $148,100 $159,050 $170,050 $181,000 Santa Cruz 30% Limits $34,600 $39,550 $44,500 $49,400 $53,400 $57,350 $61,300 $65,250 Very Low Income 50%$57,650 $65,900 $74,150 $82,350 $88,950 $95,550 $102,150 $108,750 60% Limits $69,180 $79,080 $88,980 $98,820 $106,740 $114,660 $122,580 $130,500 Low Income 80%$92,500 $105,700 $118,900 $132,100 $142,700 $153,250 $163,850 $174,400 Shasta 30% Limits $17,650 $20,200 $22,700 $25,200 $27,250 $29,250 $31,250 $33,300 Very Low Income 50%$29,400 $33,600 $37,800 $42,000 $45,400 $48,750 $52,100 $55,450 60% Limits $35,280 $40,320 $45,360 $50,400 $54,480 $58,500 $62,520 $66,540 Low Income 80%$47,050 $53,800 $60,500 $67,200 $72,600 $78,000 $83,350 $88,750 Sierra 30% Limits $18,000 $20,550 $23,100 $25,650 $27,750 $29,800 $31,850 $33,900 Very Low Income 50%$29,950 $34,200 $38,500 $42,750 $46,200 $49,600 $53,050 $56,450 60% Limits $35,940 $41,040 $46,200 $51,300 $55,440 $59,520 $63,660 $67,740 Low Income 80%$47,900 $54,750 $61,600 $68,400 $73,900 $79,350 $84,850 $90,300 Siskiyou 30% Limits $17,350 $19,800 $22,300 $24,750 $26,750 $28,750 $30,700 $32,700 Very Low Income 50%$28,900 $33,000 $37,150 $41,250 $44,550 $47,850 $51,150 $54,450 60% Limits $34,680 $39,600 $44,580 $49,500 $53,460 $57,420 $61,380 $65,340 Low Income 80%$46,200 $52,800 $59,400 $65,950 $71,250 $76,550 $81,800 $87,100 Page 140 of 157 2023 State HOME Income Limits - Effective June 15, 2023 *Percentages may not be mathematically related to each other due to rounding County Income Category*1 2 3 4 5 6 7 8 Number of Persons in Household Solano 30% Limits $24,050 $27,450 $30,900 $34,300 $37,050 $39,800 $42,550 $45,300 Very Low Income 50%$40,050 $45,800 $51,500 $57,200 $61,800 $66,400 $70,950 $75,550 60% Limits $48,060 $54,960 $61,800 $68,640 $74,160 $79,680 $85,140 $90,660 Low Income 80%$64,050 $73,200 $82,350 $91,500 $98,850 $106,150 $113,500 $120,800 Sonoma 30% Limits $26,450 $30,200 $34,000 $37,750 $40,800 $43,800 $46,850 $49,850 Very Low Income 50%$44,050 $50,350 $56,650 $62,900 $67,950 $73,000 $78,000 $83,050 60% Limits $52,860 $60,420 $67,980 $75,480 $81,540 $87,600 $93,600 $99,660 Low Income 80%$70,500 $80,550 $90,600 $100,650 $108,750 $116,800 $124,850 $132,900 Stanislaus 30% Limits $17,750 $20,250 $22,800 $25,300 $27,350 $29,350 $31,400 $33,400 Very Low Income 50%$29,550 $33,800 $38,000 $42,200 $45,600 $49,000 $52,350 $55,750 60% Limits $35,460 $40,560 $45,600 $50,640 $54,720 $58,800 $62,820 $66,900 Low Income 80%$47,250 $54,000 $60,750 $67,500 $72,900 $78,300 $83,700 $89,100 Sutter 30% Limits $17,350 $19,800 $22,300 $24,750 $26,750 $28,750 $30,700 $32,700 Very Low Income 50%$28,900 $33,000 $37,150 $41,250 $44,550 $47,850 $51,150 $54,450 60% Limits $34,680 $39,600 $44,580 $49,500 $53,460 $57,420 $61,380 $65,340 Low Income 80%$46,200 $52,800 $59,400 $65,950 $71,250 $76,550 $81,800 $87,100 Tehama 30% Limits $17,350 $19,800 $22,300 $24,750 $26,750 $28,750 $30,700 $32,700 Very Low Income 50%$28,900 $33,000 $37,150 $41,250 $44,550 $47,850 $51,150 $54,450 60% Limits $34,680 $39,600 $44,580 $49,500 $53,460 $57,420 $61,380 $65,340 Low Income 80%$46,200 $52,800 $59,400 $65,950 $71,250 $76,550 $81,800 $87,100 Trinity 30% Limits $17,350 $19,800 $22,300 $24,750 $26,750 $28,750 $30,700 $32,700 Very Low Income 50%$28,900 $33,000 $37,150 $41,250 $44,550 $47,850 $51,150 $54,450 60% Limits $34,680 $39,600 $44,580 $49,500 $53,460 $57,420 $61,380 $65,340 Low Income 80%$46,200 $52,800 $59,400 $65,950 $71,250 $76,550 $81,800 $87,100 Tulare 30% Limits $17,350 $19,800 $22,300 $24,750 $26,750 $28,750 $30,700 $32,700 Very Low Income 50%$28,900 $33,000 $37,150 $41,250 $44,550 $47,850 $51,150 $54,450 60% Limits $34,680 $39,600 $44,580 $49,500 $53,460 $57,420 $61,380 $65,340 Low Income 80%$46,200 $52,800 $59,400 $65,950 $71,250 $76,550 $81,800 $87,100 Tuolumne 30% Limits $18,550 $21,200 $23,850 $26,450 $28,600 $30,700 $32,800 $34,950 Very Low Income 50%$30,850 $35,250 $39,650 $44,050 $47,600 $51,100 $54,650 $58,150 60% Limits $37,020 $42,300 $47,580 $52,860 $57,120 $61,320 $65,580 $69,780 Low Income 80%$49,350 $56,400 $63,450 $70,450 $76,100 $81,750 $87,400 $93,000 Ventura 30% Limits $27,900 $31,900 $35,900 $39,850 $43,050 $46,250 $49,450 $52,650 Very Low Income 50%$46,500 $53,150 $59,800 $66,400 $71,750 $77,050 $82,350 $87,650 60% Limits $55,800 $63,780 $71,760 $79,680 $86,100 $92,460 $98,820 $105,180 Low Income 80%$74,400 $85,000 $95,650 $106,250 $114,750 $123,250 $131,750 $140,250 Yolo 30% Limits $22,050 $25,200 $28,350 $31,450 $34,000 $36,500 $39,000 $41,550 Very Low Income 50%$36,750 $42,000 $47,250 $52,450 $56,650 $60,850 $65,050 $69,250 60% Limits $44,100 $50,400 $56,700 $62,940 $67,980 $73,020 $78,060 $83,100 Low Income 80%$58,750 $67,150 $75,550 $83,900 $90,650 $97,350 $104,050 $110,750 Yuba 30% Limits $17,350 $19,800 $22,300 $24,750 $26,750 $28,750 $30,700 $32,700 Very Low Income 50%$28,900 $33,000 $37,150 $41,250 $44,550 $47,850 $51,150 $54,450 60% Limits $34,680 $39,600 $44,580 $49,500 $53,460 $57,420 $61,380 $65,340 Low Income 80%$46,200 $52,800 $59,400 $65,950 $71,250 $76,550 $81,800 $87,100 https://www.hudexchange.info/programs/home/home-income-limits/ For all income categories, the income limits for households larger than eight persons are determined as follows: For each person in excess of eight, add eight percent of the four-person "50%" limit to the "50%" limit for eight persons and round the answer to the nearest $50. For example, the nine-person "50%" limit for Yuba County equals $41,260 ($29,450 * 0.08 = $2,356, added to $38,900 = $41,256, rounded to $41,260). Page 141 of 157 ATTACHMENT 3 Page 1 of 2 RESOLUTION NO. 2024-__ RESOLUTION OF THE UKIAH CITY COUNCIL AUTHORIZING THE SUBMITTAL OF AN APPLICATION TO THE CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR FUNDING UNDER THE HOME INVESTMENT PARTNERSHIPS PROGRAM; AND IF SELECTED, THE EXECUTION OF A STANDARD AGREEMENT, ANY AMENDMENTS THERETO, AND OF ANY RELATED DOCUMENTS NECESSARY TO PARTICIPATE IN THE HOME INVESTMENT PARTNERSHIPS PROGRAM. WHEREAS: A. The California Department of Housing and Community Development (the “Department”) is authorized to allocate HOME Investment Partnerships Program (“HOME”) funds made available from the U.S. Department of Housing and Urban Development (“HUD”). HOME funds are to be used for the purposes set forth in Title II of the Cranston-Gonzalez National Affordable Housing Act of 1990, in federal implementing regulations set forth in Title 24 of the Code of Federal Regulations, part 92, and in Title 25 of the California Code of Regulations commencing with section 8200. B. On January 19, 2024, the Department issued a Notice of Funding Availability announcing the availability of funds under the HOME program (the “NOFA”). C. In response to the January 2024 HOME NOFA, City of Ukiah, a political subdivision of the State of California (the “Applicant”), wishes to apply to the Department for, and receive an allocation of, HOME funds. NOW, THEREFORE, BE IT RESOLVED by the Ukiah City Council as follows: 1. In response to the January 2024 HOME NOFA, the Applicant shall submit an application to the Department to participate in the HOME program and for an allocation of funds not to exceed Five Million One Hundred And Fifty Thousand Dollars ($5,150,000) for the following activities and/or programs: Project Activity – Rental Rehabilitation Project $5,000,000 Activity Delivery – Rental Rehabilitation Project $ 75,000 General Administration – Project Activity $ 75,000 Total $5,150,000 To be located in the incorporated area of the City of Ukiah. 2. If the application for funding is approved, then the Applicant hereby agrees to use the HOME funds for eligible activities in the manner presented in its application as approved by the Department in accordance with the statutes and regulations cited above. The Applicant will also execute a Standard Agreement, any amendments thereto, and any and all other documents or instruments necessary or required by the Department or HUD for participation in the HOME program (collectively, the required documents). 3. The Applicant authorizes the City Manager or their designee(s) to execute, in the name of the Applicant, the HOME Standard Agreement. Page 142 of 157 4. The Applicant authorizes the City Manager, or the Deputy City Manager, or the Director of Community Development, or their designee(s), to execute, in the name of the Applicant, all other required documents. PASSED AND ADOPTED this 3rd day of April, 2024, by the following vote: AYES: NOES: ABSTAIN: ABSENT: ________________________ Josefina Dueñas, Mayor The undersigned City Clerk of the Applicant does hereby attest and certify that the foregoing is a true and full copy of a resolution of the governing board of the Applicant passed and adopted at a duly convened meeting on the date set forth above, and said resolution has not been altered, amended, or repealed. _________________________ _______________ Kristine Lawler, City Clerk/CMC Date Page 143 of 157 Page 1 of 2 Agenda Item No: 13.a. MEETING DATE/TIME: 4/3/2024 ITEM NO: 2024-1673 AGENDA SUMMARY REPORT SUBJECT: Review of Application Received, and Possible Adoption of Resolution Appointing Angie Grainger to the City of Ukiah Planning Commission. DEPARTMENT: City Clerk PREPARED BY: Kristine Lawler, City Clerk PRESENTER: Kristine Lawler, City Clerk and Craig Schlatter, Community Development Director ATTACHMENTS: 1. Application - Angie Grainger 2. Proposed Resolution Summary: The City Council will review an application received, and possibly adopt a resolution appointing Angie Grainger to the City of Ukiah Planning Commission. Background: On January 20, 2021, the City Council voted to amend the procedure for filling vacancies on the Planning Commission to solicit applicants with the technical experience and qualifications needed to make the decisions required in their role as a Planning Commissioner. An Ordinance was then introduced on February 3rd and adopted on February 17th to amend Division 1, Chapter 4, Article 4 of the City Code Regarding the Procedure for Filling Vacancies on the Planning Commission. This ordinance went into effect on March 19, 2021. A former Planning Commissioner, Michelle Johnson, resigned on July 26, 2023, leaving her seat as an unexpired term, ending on April 7, 2025. The position has been noticed in the Ukiah Daily Journal numerous times, and posted at the Library, online, in the glass cabinet in front of the Civic Center, and in the Public View Binder since July 26, 2023, with no other applications having been received. Discussion: The primary role of a Planning Commissioner related to "current planning" (i.e. the granting of major discretionary entitlements) is to objectively determine facts and draw conclusions from those facts, basing decision on existing policy (set by City Council) and law; and considering Staff analysis, including agency goals and policies, along with community input, making recommendations and decisions based upon findings of fact. Staff recommends that Council review the application (Attachment 1), interview the applicant if there are any questions, then make the nomination and adopt the resolution (Attachment 2) appointing Angie Grainger to the Planning Commission to fill the unexpired term of Michelle Johnson, with an expiration date of April 7, 2025. Recommended Action: 1) Review, possibly interview applicant, and if necessary discuss application received; 2) adopt resolution appointing Angie Grainer to the Planning Commission. 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 Page 144 of 157 Page 2 of 2 COORDINATED WITH: Craig Schlatter, Community Development Director DIVERSITY-EQUITY INITIATIVES (DEI): Goal 1 – Create and sustain a diverse, equitable, and inclusive workplace and workforce that reflects, values, and celebrates the diverse community we serve. Goal 3 – Recruit, retain and advance a community of staff that reflects, values, and celebrates the diversity of the community we serve Goal 5 – Instill diversity, equity, and inclusion as essential core elements of policy- making, accountability, and delivery of City services. CLIMATE INITIATIVES (CI): GENERAL PLAN ELEMENTS (GP): Page 145 of 157 Page 146 of 157 Page 147 of 157 Page 148 of 157 Page 149 of 157 Page 150 of 157 Page 151 of 157 Page 152 of 157 Attachment 2 RESOLUTION NO. 2024-XX RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH APPOINTING ANGIE GRAINGER TO THE PLANNING COMMISSION TO FILL THE UNEXPIRED TERM OF MICHELLE JOHNSON, TERM ENDING APRIL 7, 2025. WHEREAS, pursuant to Ordinance 1211, members of the Planning Commission shall be appointed by a majority of the City Council, each to serve at the will of the City Council up to a term of four (4) years; and WHEREAS, Michelle Johnson resigned on July 26, 2023, leaving an open term expiring on April 7, 2025; and WHEREAS, the vacancy has been posted online, in the glass case in front of the Civic Center, and sent to the Library for posting since July 26, 2023; and was published in the Ukiah Daily Journal on July 29, 2023, August 22, 2023, September 29, 2023, and December 5, 2023; and WHEREAS, the City Clerk’s office received an application from Angie Grainger on March 27, 2024, with no other applications having been received; and WHEREAS, the City Council met on April 3, 2024, reviewed the application and asked any questions that they may have had for the applicant. NOW, THEREFORE, BE IT RESOLVED, that the Ukiah City Council approves the nomination, and does hereby appoint the following person and term: PASSED AND ADOPTED this 3rd day of April, 2024, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: _______________________________ Josefina Dueñas, Mayor ATTEST: __________________________________ Kristine Lawler, City Clerk BOARD/ COMMISSION NAME POSITION TERM EXPIRATION Planning Commission Angie Grainger (filling the unexpired term of Michelle Johnson) Commissioner April 7, 2025 Page 153 of 157 Page 1 of 1 Agenda Item No: 14.a. MEETING DATE/TIME: 4/3/2024 ITEM NO: 2024-1670 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: Mayor Dueñas and Various Councilmembers ATTACHMENTS: 1. 2024 City Council Special Assignments and Ad Hocs 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: N/A DIVERSITY-EQUITY INITIATIVES (DEI): N/A CLIMATE INITIATIVES (CI): N/A GENERAL PLAN ELEMENTS (GP): N/A Page 154 of 157 2024 CITY COUNCIL SPECIAL ASSIGNMENT LIST LOCAL / UKIAH VALLEY MTG DATE/TIME MEETING LOCATION MAILING ADDRESS/CONTACT COMMITTEE FUNCTION ASSIGNED TO PRINCIPAL STAFF SUPPORT City Broadband Project TBD TBD Civic Center 300 Seminary Ave. Ukiah, CA 95482 to evaluate the Request for Proposal (RFP) for the Internet Service Provider (ISP) for the California's Public Utilities Commission (CPUC) Last Mile Broadband Orozco Jim Robbins, Grants Manager, 463-6708; jrobbins@cityofukiah.com Investment Oversight Committee Varies Civic Center 300 Seminary Ave. Ukiah, CA 95482 Civic Center 300 Seminary Ave. Ukiah, CA 95482 Reviews City investments, policies, and strategies Crane Orozco - Alternate Alan Carter, Treasurer Dan Buffalo, Director of Finance; 463-6220 dbuffalo@cityofukiah.com Disaster Council Shall meet a minimum of once a year at a time and place designated upon call of the chair Place designated upon call of the chair or, if she/he is unavailable or unable to call such meeting, the first vice chair and then the City Manager or her/his designee. Office of Emergency Management 300 Seminary Ave. Ukiah, CA 95482 467-5720 - Traci Boyl Develop any necessary emergency and mutual aid plans, agreements, ordinances, resolutions, rules, and regulations. Orozco Duenas- Alternate Traci Boyl, City Manager's Office Management Analyst; 467-5720; tboyl@cityofukiah.com Greater Ukiah Business & Tourism Alliance (GUPTA) 4th Monday of month, 10:0 a.m. 200 S School St. Ukiah, CA 95482 200 S School St. Ukiah, CA 95482 Promotes tourism and works to strengthen and promote the historic downtown and businesses within the greater Ukiah area Marianne Davison - Community Services Department Staff Duenas - Alternate Shannon Riley, Deputy City Manager; 467-5793 sriley@cityofukiah.com Mendocino County Inland Water and Power Commission (IWPC) 2nd Thursday of month, 6:00 p.m. Civic Center 300 Seminary Avenue conference room 5 IWPC Staff P.O. Box 1247 Ukiah, CA 95482 391-7574 - Candace Horsley Develops coordination for water resources and current water rights: Potter Valley project - Eel River Diversion Rodin Orozco - Alternate Sean White, Director of Water Resources; 463-5712 swhite@cityofukiah.com North Coast Opportunities (NCO)4th Wednesday of month, 2 p.m.Alternating locations - Ukiah and Lakeport Governing Board Chair North Coast Opportunities 413 North State Street Ukiah, CA 95482 Assist low income and disadvantaged people to become self reliant Burgess Jake Burgess, Community Services Supervisor; 463-6201 jburgess@cityofukiah.com Sun House Guild ex officio 2nd Tuesday of month, 4:30 p.m. Sun House 431 S. Main St. Ukiah, CA 431 S. Main Street Ukiah, CA 95482 467-2836 Support and expand Grace Hudson Museum Duenas Neil Davis - Alternate David Burton, Museum Director; 467-2836 dburton@cityofukiah.com Ukiah Valley Basin Groundwater Sustainability Agency (GSA) 2nd Thursday of month, 1:30 p.m. Board of Supervisors Chambers; 501 Low Gap Road Ukiah, CA County Executive Office 501 Low Gap Rd., Rm. 1010 Ukiah, CA 95482 463-4441 GSA serves as the Groundwater Sustainability Agency in the Ukiah Valley basin Crane Duenas- Alternate Sean White, Director of Water Resources; 463-5712 swhite@cityofukiah.com MENDOCINO COUNTY MTG DATE/TIME MEETING LOCATION MAILING ADDRESS/CONTACT COMMITTEE FUNCTION ASSIGNED TO PRINCIPAL STAFF SUPPORT City Selection Committee Called as required by the Clerk of the Board BOS Conference Room 501 Low Gap Rd. Rm. 1090 Ukiah, CA C/O: BOS 501 Low Gap Rd., Rm 1090 Ukiah, CA 95482 463-4441 Makes appointments to LAFCO and Airport Land Use Commission (Mayor - Primary; Vice Mayor - Alternate) Mayor Duenas Vice Mayor Crane - Alternate Kristine Lawler, City Clerk; 463-6217 klawler@cityofukiah.com Economic Development & Financing Corporation (EDFC) 2nd Thursday of month, 2:00 p.m. Primarily 631 S. Orchard Street (location varies) Executive Director 631 South Orchard Avenue Ukiah, CA 95482 467-5953 Multi-agency co-op for economic development and business loan program Riley (appointed 12/19/18) Shannon Riley, Deputy City Manager; 467-5793 sriley@cityofukiah.com Library Advisory Board 3rd Wednesdays of alternate months; 1:00 p.m. Various Mendocino County Libraries Ukiah County Library 463-4491 Review library policy and activities Sher Rodin - Alternate Kristine Lawler, City Clerk; 463-6217; klawler@cityofukiah.com Mendocino County 1st District Liaison Monthly; TBD Civic Center Annex conference room #5 411 W est Clay St. Ukiah, CA 95482 Civic Center 300 Seminary Ave. Ukiah, CA 95482 To coordinate activities and policy development with the City's 1st District Supervisor Rodin Crane- Alternate Sage Sangiacomo, City Manager; 463-6221; ssangiacomo@cityofukiah.com Mendocino County 2nd District Liaison 1st Wednesdays of month, 8:00 a.m. Civic Center Annex conference room #5 411 W est Clay St. Ukiah, CA 95482 Civic Center 300 Seminary Ave. Ukiah, CA 95482 To coordinate activities and policy development with the County's 2nd District Supervisor Duenas Rodin - Alternate Shannon Riley, Deputy City Manager; 467-5793 sriley@cityofukiah.com Mendocino Council of Governments (MCOG) 1st Monday of month, 1:30 p.m. Board of Supervisors Chambers 501 Low Gap Road Ukiah, CA Executive Director 367 N. State Street, Ste. 206 Ukiah, CA 95482 463-1859 Plan and allocate State funding, transportation, infrastructure and project County wide Duenas Sher - Alternate Tim Eriksen, Public Works Director/City Engineer; 463-6280 teriksen@cityofukiah.com Mendocino County Airport Land Use Commission As needed BOS Conference Room 501 Low Gap Rd., Rm. 1090, Ukiah, CA Mendocino County Executive Office 501 Low Gap Rd. Rm. 1010 Ukiah, CA 95482 To formulate a land use compatibility plan, provide for the orderly growth of the airport and the surrounding area, and safeguard the general welfare of the inhabitants within the vicinity Liaisons: Owen/Schlatter Greg Owen, Airport Manager; 467-2855; gowen@cityofukiah.com Craig Schlatter, Director of Community Development; 463-6219; cschlatter@cityofukiah.com Mendocino County Local Area Formation Commission (LAFCO) 1st Monday of month, 9:00 a.m.Board of Supervisors Chambers Executive Director 200 S. School Street, Ste. 2 Ukiah, CA 95482 463-4470 Required by legislation - planning spheres of influence, annexation, service areas, and special districts Rodin Crane - Alternate for both city seat members on Commission Craig Schlatter, Director of Community Development; 463-6219; cschlatter@cityofukiah.com Updated: 2/22/2024 ATTACHMENT 1 Page 155 of 157 2024 CITY COUNCIL SPECIAL ASSIGNMENT LIST MENDOCINO COUNTY Continued MTG DATE/TIME MEETING LOCATION MAILING ADDRESS/CONTACT COMMITTEE FUNCTION ASSIGNED TO PRINCIPAL STAFF SUPPORT Mendocino Solid Waste Management Authority (MSWMA) 3rd Thursday of every other month (varies), 10:00 a.m. Willits Council Chambers Solid Waste Director 3200 Taylor Drive Ukiah, CA 95482 468-9710 County-wide Solid Waste JPA Crane Sher - Alternate Tim Eriksen, Public Works Director/City Engineer; 463-6280 teriksen@cityofukiah.com Mendocino Transit Authority (MTA) Board of Directors Last Wednesday of month, 1:30 p.m. Alternating locations - Ukiah Conference Center or Fort Bragg, or Point Arena Executive Director 241 Plant Road Ukiah, CA 95482 462-1422 County-wide bus transportation issues and funding Sher Duenas - Alternate Tim Eriksen, Public Works Director/City Engineer; 463-6280 teriksen@cityofukiah.com Mendocino Youth Project JPA Board of Directors 3rd Wednesday of month, 7:45 a.m.776 S. State Street Conference Room Mendocino Co. Youth Project 776 S. State Street, Ste. 107 Ukiah, CA 95482 707-463-4915 Targets all youth with a focus on drug and alcohol prevention, healthy alternatives and empowering youth to make healthy choices Cedric Crook, Police Chief Duenas - Alternate Cedric Crook, Police Chief; 463-6771; ccrook@cityofukiah.com Russian River Flood Control District (RRFCD) Liaison 1st Monday of month, 5:30 p.m. 151 Laws Ave.,Suite D Ukiah, CA 151 Laws Ave., Ukiah, CA 95482; rrfc@pacific.net; 462-5278 Proactively manage the water resources of the upper Russian River for the benefit of the people and environment of Mendocino County White/Orozco Sean White, Director of Water Resources; 463-5712 swhite@cityofukiah.com Ukiah Players Theater Board of Directors 3rd Tuesday of month, 6:00 p.m 1041 Low Gap Rd Ukiah, CA 95482 462-1210 1041 Low Gap Rd Ukiah, CA 95482 462-1210 To oversee the activities, organization and purpose of the Ukiah Players Theater Greg Owen, Airport Manager (appointed 12/19/18) Kristine Lawler, City Clerk; 463-6217 klawler@cityofukiah.com Ukiah Unified School District (UUSD) Committee Quarterly 511 S. Orchard, Ste. D Ukiah, CA 95482 511 S. Orchard Ukiah, CA 95482 Information exchange with UUSD Board Chair, Mayor, Superintendent, and City Manager Duenas Rodin - Alternate Sage Sangiacomo, City Manager Cedric Crook, Police Chief Sage Sangiacomo, City Manager; 463-6221 ssangiacomo@cityofukiah.com REGIONAL MTG DATE/TIME LOCATION MAILING ADDRESS/CONTACT COMMITTEE FUNCTION ASSIGNED TO PRINCIPAL STAFF SUPPORT Great Redwood Trail Agency Bi-monthly, 3rd Thursdays, 10:30 a.m.Various Locations - announced 419 Talmage Road, Suite M Ukiah, CA 95482 463-3280 Provides a unified and revitalized rail infrastructure meeting the freight and passenger needs of the region Rodin Duenas - Alternate Neil Davis, Community Services Director 467-5764 ndavis@cityofukiah.com League of California Cities Redwood Empire Legislative Committee Prior to Division Meetings, meets 3x in person and then via conference call Various locations that are announced Redwood Empire League President; Public Affairs Program Manager (916) 658-8243 Elected city officials and professional city staff attend division meetings throughout the year to share what they are doing and advocate for their interests in Sacramento Duenas Orozco - Alternate Sage Sangiacomo, City Manager; 463-6221 ssangiacomo@cityofukiah.com Russian River Watershed Association (RRWA) 4th Thursday of month, 9:00 a.m. (only 5 times a year) Windsor Town Hall Russian River Watershed Association 425 South Main St., Sebastopol, CA 95472 508-3670 Consider issues related to Russian river - plans projects and funding requests Rodin Sher - Alternate Tim Eriksen, Public Works Director/City Engineer; 463-6280 teriksen@cityofukiah.com Northern California Power Agency (NCPA) - Commission 4th Thursday of month, 9:00 a.m. (see NCPA calendar) Roseville, CA and other locations 651 Commerce Drive Roseville, CA 95678 916-781-4202 Pool of State and local power utilities developing and operating power generation, providing scheduling and related energy services and providing regulatory and legislative support. Crane - Commissioner Sher - City Council Alternate Sauers - Alternate and Commissioner in absence of Commissioner Crane Cindi Sauers - Electric Utility Director; 463-6286 csauers@cityofukiah.com Northern California Power Agency (NCPA) – Lodi Energy Center (LEC) Appointment 2nd Monday of month, 10:00 AM Lodi, CA and other locations 651 Commerce Drive Roseville, CA 95678 916-781-4299 Committee oversees the operation, maintenance and expenditures of the LEC 300 MW generating project. Sauers – Project Participate Appointee Cindy Sauers, Electric Utility Director, 463-6286, csauers@cityofukiah.com Transmission Agency of Northern California (TANC) 4th Wednesday of month, 10 a.m.35 Iron Point Circle Suite 225 Folsom, CA 35 Iron Point Cir #225 Folsom, CA 95630 916-852-1673; info@tanc.us Provide electric transmission to its Member utilities through transmission line ownership or contract arrangements. Crane Sauers - Alternate Cindi Sauers - Electric Utility Director; 463-6286 csauers@cityofukiah.com STANDING COMMITTEES MTG DATE/TIME LOCATION MAILING ADDRESS/CONTACT COMMITTEE FUNCTION ASSIGNED TO PRINCIPAL STAFF SUPPORT Diversity and Equity TBD Virtual Meeting Room (link to be created) Civic Center 300 Seminary Ave. Ukiah, CA 95482 Improve diversity and equity in the City’s workforce and municipal services Orozco/Duenas Traci Boyl, City Manager's Office Management Analyst; 467-5720; tboyl@cityofukiah.com Fire Executive Committee 2nd Tue, every other month beginning in January; 5:00 p.m. Ukiah Valley Conference Center, 200 S. School Street Ukiah, CA Civic Center 300 Seminary Ave. Ukiah, CA 95482 sabba@cityofukiah.com Per the recently adopted agreement between the City of Ukiah and the Ukiah Valley Fire Protection District Orozco/Sher Doug Hutchison, Fire Chief; 463-6263; dhutchison@cityofukiah.com Countywide Oversight Board to the RDA Successor Agencies 4th Thursday of January, 4:00 p.m.; meets annually Ukiah Valley Conference Center, 200 S. School Street Ukiah, CA City of Ukiah ATTN: City Clerk 300 Seminary Ave. Ukiah, CA 95482 Oversee and direct the Successor Agencies of the former redevelopment agencies Crane Dan Buffalo, Director of Finance; 463-6220 dbuffalo@cityofukiah.com Kristine Lawler, City Clerk; 463-6217, klawler@cityofukiah.com Water Executive Committee (Ukiah Valley Water Authority) 1st Tue of each month at 6:00 p.m. Ukiah Valley Conference Center, 200 S. School Street Ukiah, CA City of Ukiah ATTN: Sean White 300 Seminary Ave. Ukiah, CA 95482 Oversight of UVWA; set annual budget for the combined water system; Manage rates and collect levies; modify existing water rights for the provision of water service; mediation and dispute resolution; Crane/Orozco Sean White, Director of Water Resources; 463-5712 swhite@cityofukiah.com Updated: 2/22/2024 Page 156 of 157 COMMITTEE ASSIGNED TO PRINCIPAL STAFF SUPPORT Electric Grid Operational Improvements Crane/Orozco Cindy Sauers, Electric Utility Director; 463-629586 csauers@cityofukiah.com Trench Cut Policy Development Crane Tim Eriksen, Public Works Director/City Engineer ; 463- 6280 teriksen@cityofukiah.com Advance Planning & Policy for Sphere of Influence (SOI), Municipal Service Review (MSR), Annexation, Tax Sharing, Detachment, and Out of Area Service Agreements Crane/Rodin Craig Schlatter, Community Development Director 463-6219 cschlatter@cityofukiah.com UVSD/ City Relations Ad hoc committee to address specific issues with the Ukiah Valley Sanitation District, including discussion of overall sewer system service delivery policies, operating policy revisions, potential revisions to the current Operating Agreement, and cost sharing Crane/Orozco Dan Buffalo, Director of Finance; 463-6220 dbuffalo@cityofukiah.com Sean White, Water Resources Director 463-5712 swhite@cityofukiah.com Orr Street Bridge Corridor Rodin/Sher Tim Eriksen, Public Works Director/City Engineer ; 463- 6280 teriksen@cityofukiah.com Complete Streets Rodin/Crane Tim Eriksen, Public Works Director/City Engineer ; 463- 6280 teriksen@cityofukiah.com Shannon Riley, Deputy City Manager 467-5793 sriley@cityofukiah.com Neil Davis, Community Services Director 467-5764 ndavis@cityofukiah.com Special Districts (Water District Consolidation)Orozco/Crane Shannon Riley, Deputy City Manager 467-5793 sriley@cityofukiah.com Corp Yard Planning Crane/Orozco Jason Benson, Senior Civil Engineer 463-6284 jbenson@cityofukiah.com Mendocino County Courthouse Project and Reuse Sher/Orozco Shannon Riley, Deputy City Manager 467-5793 sriley@cityofukiah.com Climate Action Plan Will coordinate with the Community Development Director to identify and assign representation to each of the identified categories, and also coordinate with the Community Development Director and the Climate Action Plan Working Group related to other outreach efforts during the development of the draft municipal Climate Action Plan related to the 2040 General Plan Sher/Duenas Craig Schlatter, Community Development Director 463-6219 cschlatter@cityofukiah.com City's 150-Year Anniversary Planning Orozco/Rodin Shannon Riley, Deputy City Manager 467-5793 sriley@cityofukiah.com Zoning Reform (previously was the Community Development Fee Review ad hoc) function is to explore creation of a new ministerial zoning permit and identify additional zoning streamlining and reform efforts to provide better and more consistent development outcomes Crane/Orozco Craig Schlatter, Community Development Director 463-6219 cschlatter@cityofukiah.com Community Health Needs Assessment (CHNA) Steering Committee assist in the creation of the 2025 CHNA Report for the communities served by the three Adventist Health hospitals in Mendocino County. providing insight, identifying, gathering and analyzing the health needs of our community. Additionally Rodin/Sher Jeremy Malin, NP Director of Community Health Analytics Adventist Health Howard Memorial Adventist Health Ukiah Valley Adventist Health Mendocino Coast 978-289-3330; malinjr@ah.org 2024 AD HOC COMMITTEES Updated: 2/22/2024 Page 157 of 157