Ukiah City Council
February 16, 2022

income first-time homebuyers for the purchase of infill or newly constructed single-family homes and condominiums (1-4 units). The interest rate is expected to be 1 percent simple interest. At least four households are expected to be assisted with the 2022 HOME FTHB program.

An award of funding for the FTHB program would also fulfill one of the goals within the City's 2019-2027 Housing Element. Policy 2-6 under Goal H-2 notes the City should "expand affordable housing opportunities for first-time homebuyers" and Implementing Program 2j directs the City to offer assistance to eligible first-time homebuyers to purchase new or existing single family and/or condominium units in the city.

HOME regulations require a resolution by the City Council to authorize submittal of an application. The following is requested:

First-Time Homebuyer (FTHB) Program = $638,138
Activity Delivery - FTHB Program = $44,362
General Administration = $17,500
Total = $700,000
Staff recommends Council adopt the Resolution in Attachment 3 authorizing submittal of an application to HCD for $700,000 in funding under the HOME Program for a First-Time Homebuyer Program; 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 amendment.

Recommended Action: Adopt resolution authorizing submittal of an application from the City of Ukiah for $700,000 in HOME Investment Partnerships Program funds for the deployment of a First-Time Homebuyer Program; 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: Yes, if awarded.

CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: $700,000
FINANCING SOURCE: HOME Investment Partnerships Program
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: N/A

STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

DIVISION OF FEDERAL FINANCIAL ASSISTANCE

FEDERAL COMMUNITY DEVELOPMENT BRANCH
2020 W. El Camino Avenue, Suite 200
Sacramento, CA. 95833
P. O. Box 952054
Sacramento, CA 94252-2054
(916) 263-2771
www.hcd.ca.gov
December 1, 2021
MEMORANDUM FOR: ALL POTENTIAL APPLICANTS
FROM: Geoffrey M. Ross, Deputy Director
Division of Federal Financial Assistance
SUBJECT: HOME Investment Partnerships Program
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 $72 million in 2020/2021 federal funds for the HOME Investment Partnerships Program (HOME). The funding level may change due to the factors listed in the NOFA Overview paragraph A. This funding provides loans or grants to eligible HOME Applicants serving low-income (at or below 80 percent of Area Median Income (AMI)) and very low-income (at or below 50 percent of AMI) households. This NOFA is subject to state and federal HOME regulations.

State Recipients, as defined by state HOME regulations section 8201(ii), and nonprofit Community Housing Development Organizations (CHDOs) are eligible to apply for HOME funding for rental projects, First-Time Homebuyer (FTHB) projects, and Program Activities. Developers can apply directly for HOME funding for rental projects.

In addition, the Department intends to utilize the authority of AB 1010 (Chapter 660, Statutes of 2019) waivers to include in the definition of eligible Applicants any duly constituted governing board of an Indian Reservation, rancheria or Tribally Designated Housing Entity (TDHE). This waiver will provide to those entities the ability to apply for funds to operate a First-Time Homebuyer (FTHB) Program, Owner-Occupied Rehabilitation (OOR) Program, and/or a Tenant-Based Rental Assistance (TBRA) Program, in addition to currently-eligible rental project activities.

Eligible activities are separated into Project Activities and Program Activities. Project activities include multifamily rental projects to fund the acquisition with new construction or rehabilitation of multifamily properties and FTHB subdivision development projects. Program Activities include programs to fund individual FTHB gap assistance, including infill new construction or rehabilitation; OOR; and TBRA.

Funding under this NOFA will be awarded on a competitive basis. To be considered, the Applicant must submit a complete application with required documentation via the eCivis Grant Management System Portal. The completed application package must be submitted no later than 5:00 pm Pacific Standard Time (PST) on March 10, 2022.

Attachment 1

HOME Investment Partnerships Program Notice of Funding Availability December 1, 2021

The Department will begin accepting applications received through the eCivis Grants Management System portal beginning December 16, 2021. The application submission period is intentionally longer than 60 days to allow applicants extra time if needed to address unanticipated submission issues utilizing the new Grants Management System.

NOFA Deadlines
NOFA Release November 29, 2021
Application submittal period From December 16, 2021, 8:00 a.m. PST through March 10, 2022, 5:00 p.m. PST
Applicants are encouraged to set-up their profiles in the eCivis portal located at https://portal.ecivis.com/#/login as early as possible. Profile set-up instructions can be found on the HOME webpage at https://www.hcd.ca.gov/grants-funding/activefunding/home.shtml#funding. Applicants are encouraged to begin the application process early to ensure successful submission before application deadlines. If you have any trouble logging into the portal or have questions on how to complete the online application, please contact the Department at [email protected].

The Department will hold a series of webinars in December 2021 to review the NOFA and application process. A link to the eCivis portal, along with a list of webinar dates, times and how to register, is available on the Department’s HOME webpage at https://www.hcd.ca.gov/grants-funding/active-funding/home.shtml. Assistance setting up a profile, submitting an application, and managing awards through the eCivis portal is available under the Training and Technical Assistance tab on the Department’s website at https://www.hcd.ca.gov/grants-funding/active-funding/home.shtml.

Additionally, a series of office hours will be offered during the application period to assist Applicants with questions regarding the application and application process.

Paper applications will not be accepted.

Links to the eCivis portal, supplemental application forms, regulations, and program information are available at the Department HOME webpage. To receive HOME NOFA FAQs and other program information and updates, please be sure you are subscribed to the federal programs email list at https://www.hcd.ca.gov/i-am/sub_email.shtml If you have any questions regarding the NOFA, please direct them to the HOME program at: [email protected].

Attachment

HOME INVESTMENT PARTNERSHIPS PROGRAM
Notice of Funding Availability
Gavin Newsom, Governor
State of California
Lourdes M. Castro Ramírez, Secretary
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: http://www.hcd.ca.gov/grants-funding/active-funding/home.shtml Email address: [email protected]
December 1, 2021

Table of Contents
I. Overview................................................................................................................................. 1 A. Notice of Funding Availability.............................................................................................. 1 B. Timeline..............................................................................................................................1 C. Authorizing legislation and regulation authority .................................................................. 2 D. Definitions........................................................................................................................... 3 II. Program requirements .......................................................................................................... 3 A. Eligible Applicants .............................................................................................................. 3 B. Additional HOME eligibility criteria……………………………………………………………….6 C. Eligible activities ................................................................................................................. 7 D. Ineligible use of funds……………………………………………………………………………..9 E. Activity combinations and limits ........................................................................................10 F. Allocation of funding .........................................................................................................10 G. Activity funding amounts and limits...................................................................................11 H. Program Income and recaptured funds ............................................................................ 14 I. Deep affordability targeting .............................................................................................. 14 J. Forms of assistance .........................................................................................................16 K. Administrative and CHDO operation funds....................................................................... 17 L. Activity delivery funds ....................................................................................................... 18 III. State and federal requirements ..........................................................................................18 A. Physical needs assessment.............................................................................................. 19 B. Timeframes for use of funds ............................................................................................. 19 C. Match requirements ..........................................................................................................20 D. Annual monitoring fees for multifamily projects................................................................. 20 IV. Application review ............................................................................................................... 21 A. Minimum application requirements ................................................................................... 21 B. Rating and ranking ........................................................................................................... 22 C. Projects Application scoring factors and evaluation..........................................................24 D. Credits and additional point deduction rules ..................................................................... 28 E. Rental project scoring and notification..............................................................................29 F. Appeals.............................................................................................................................29 G. Program Activities Application scoring factors and evaluation ............................................31 H. Disclosure of application ………………………………………………………………….…….33 V. Award Announcements and Contracts..............................................................................33 A. Award announcements .....................................................................................................33 B. Contracts ..........................................................................................................................34 VI. Recent state overlays ..........................................................................................................34 A. Pet friendly housing act of 2017 .......................................................................................34 B. Climate Adaptation ........................................................................................................... 35 VII. Other Terms and Conditions ...........................................................................................35 A. Right to modify or suspend...............................................................................................35 B. Conflicts............................................................................................................................35

California Department of Housing and Community Development 1 2020-2021 HOME NOFA

HOME INVESTMENT PARTNERSHIPS PROGRAM

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 $72 million in 2020/2021 federal funds for the HOME Investment Partnerships Program (HOME).

The amount of funding available could be increased, or even greatly exceed the announced amount in this NOFA, depending on several factors. These factors may include, but are 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 will continue evaluating the list of eligible Applicants and make awards up to the additional funding amount available.

These funds may be used in conjunction with other state rental housing programs to assist the same units in the development, not to exceed the per unit subsidy limit for each funding source.

These funds will be used to meet the following statewide goals in accordance with the Department’s 2020-25 Consolidated Plan for low-income households earning at or below 80 percent of Area Median Income (AMI) and very low-income households earning at or below 50 percent of AMI:
• Increase the supply of affordable rental housing
• Expand homeownership opportunities and improve existing housing • Provide homeless assistance and prevention services
B. Timeline
Table 1 –Timeline
NOFA release December 1, 2021
Application due date March 10, 2022, by 5:00 p.m.

Pacific Standard Time (PST)
Award announcements August 2022

California Department of Housing and Community Development 2 2020-2021 HOME NOFA
The application submission period is intentionally longer than 60 days to allow applicants extra time if needed to address unanticipated submission issues utilizing the new Grants Management System.

C. Authorizing legislation and regulation authority
This NOFA should be read in conjunction with the following regulations, which establish state and federal HOME requirements:
• State HOME regulations
http://www.hcd.ca.gov/grants-funding/active-funding/home.shtml • State Uniform Multifamily Regulations (UMR) (November 2017 version) http://www.hcd.ca.gov/grants-funding/already-have-funding/uniform-multifamilyregulations.shtml • Federal HOME regulations
https://www.hudexchange.info/programs/home/home-laws-and-regulations/ All regulatory references are to the state and federal HOME regulations unless otherwise noted.

Note: Any inconsistencies between this NOFA and state or federal HOME regulations will be resolved in favor of the applicable regulations unless a waiver was approved by the Director that complies with the requirements of AB 1010 (Chapter 660, Statutes of 2019); in those instances, the waiver will prevail when not in conflict with the federal HOME regulations.

This NOFA does not include the text of all regulations that may be applicable and/or important to individual projects. For proper completion of the application, potential Applicants should consult the regulations linked above and other cross-referenced regulations such as, but not limited to, the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards at https://www.ecfr.gov/cgi-bin/textidx?SID=0056f7931324bccf7c04c08d3453ed57&mc=true&node=pt2.1.200&rgn=div5.

Multifamily rental project Applicants should also consult the state Uniform Multifamily Regulations (“UMR” or “UMRs”), which apply to all HOME-funded multifamily rental projects. All UMR references herein shall mean the November 2017 UMRs.

Several of the terms used in HOME have specific meanings defined by state and/or federal HOME regulations. When reviewing this NOFA and the application forms, carefully review the regulations for definitions and terms. State HOME definitions are found in Sections 8201 and 8217 of the state HOME regulations.

If state or federal statutes or regulations, or other laws, 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.

The Department reserves the right, at its sole discretion, to suspend, amend, and/or

California Department of Housing and Community Development 3 2020-2021 HOME NOFA
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.

D. Definitions
“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 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 Government Code (GC) §12957(e)(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. “Homeless” means the same as defined under the federal Continuum of Care Program, Code of Federal Regulations (CFR), Title 24 CFR § 578.3, as may be amended and renumbered from time to time. “Homeless” includes “chronically homeless” and “homeless with a disability.”
“Local agency” means a city, county, city and county, or duly constituted governing body of an Indian Reservation or rancheria and includes any governmental agency or local public entity.
“Local public entity” means any county, city, city and county, the duly constituted governing body of an Indian Reservation or rancheria, Tribally Designated Housing Entity as defined in Section 4103 of Title 25 of the United States Code and Section 50104.6.5, redevelopment agency organized pursuant to Part 1 (commencing with Section 33000) of Division 24, or housing authority organized pursuant to Part 2 (commencing with Section 34200) of Division 24.

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
Eligible HOME Applicants include State Recipients, otherwise known as a local agency or local public entity defined above, Developers, and Community Housing Development Organizations (CHDOs), consistent with applicable state and federal requirements.

California Department of Housing and Community Development 4 2020-2021 HOME NOFA

1. Eligible jurisdictions
To meet the definition of an eligible jurisdiction, Applicants must meet the following criteria:
• Have not been designated as “participating jurisdictions” by HUD; • Are not participants in an urban county agreement with a county that is designated as a HUD entitlement jurisdiction;
• Are not participants in a HOME consortium; and
• Are proposing projects or programs 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 an Indian Reservation, rancheria or service area of a Tribally Designated Housing Entity.

Eligible city and county jurisdictions for 2020/2021 federal HOME funds are listed in Appendix A. If a city or county is not listed in Appendix A, but believe they are 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 2020-21 or FY 2021-22 consortium or urban county funding. The copy must be submitted no later than March 10, 2022, to the Department’s HOME NOFA email: [email protected].

2. CHDOs
a) Certification
CHDOs proposing to complete a project funded with the CHDO set-aside under this HOME NOFA utilizing a 2020 or 2021 federal allocation must submit a complete CHDO Certification application with all exhibits and attachments by the NOFA application due date of March 10, 2022, and must have received CHDO Certification approval prior to the award of the HOME funding. CHDO Certification will be for projects and/or Program Activities awarded as a result of this NOFA solicitation only.

The CHDO Certification application is available at https://www.hcd.ca.gov/grantsfunding/active-funding/home.shtml#certification. For assistance with the CHDO Certification process, contact [email protected].
b) Site Control
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 CFR § 92.300 of the HOME Final Rule as:
• Owner: The CHDO is required to own (in fee simple absolute or long-term ground lease meeting the requirements of UMR Section 8316) the HOME

California Department of Housing and Community Development 5 2020-2021 HOME NOFA
project during development and throughout the period of affordability. As owner, the CHDO is required to oversee all aspects of the development process. In instances where the CHDO lacks Developer capacity, the CHDO may own the project and hire a qualified project manager or contract with a development contractor to oversee all aspects of development. This option is available to CHDOs having experience and capacity to own and operate affordable rental housing but lack the experience or capacity to develop the project. This option is not available if the project is owned by a limited partnership entity (see Sponsor paragraph below).
• Developer: The CHDO may act as Developer if the CHDO owns the HOME project (in fee simple absolute or long-term ground lease meeting the requirements of UMR Section 8316). As Developer, the CHDO must be in sole charge of all aspects of the development process, including obtaining zoning and other approvals, securing financing, selecting contractors, overseeing work progress, and determining reasonableness of costs. The CHDO must own the project during development and for multifamily rental projects throughout the period of affordability. This option is not available if the project is owned by a limited partnership entity (see Sponsor paragraph below).
• CHDOs are not allowed to act as Developer in projects where the CHDO does not have a long-term ownership interest and contractual relationship with the project owner (i.e., a Development Services Agreement) to develop the project. • Sponsor: The HOME Final Rule provides two definitions of “sponsor” of HOMEassisted rental housing:
a. A CHDO “sponsors” a project when the property is “owned” or “developed” by:
• An affiliated subsidiary of the CHDO, which is wholly owned by the CHDO;
• A limited partnership in which the CHDO or its wholly owned affiliated subsidiary is the sole general partner; or
• A limited liability company in which the CHDO or its wholly owned affiliated subsidiary is the sole managing member.
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 completion of the development. 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 commitment of HOME funds. Additionally, this nonprofit cannot be created by a 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, CHDOs must obtain all necessary permanent project financing, including the permanent financing for the required period of

California Department of Housing and Community Development 6 2020-2021 HOME NOFA
affordability, and execute a Standard Agreement with the Department pursuant to Section 8217(b)(1) of the state HOME regulations.

B. Additional HOME eligibility criteria

1. Minimum expenditure requirement for Program Activities (50 Percent Rule):

Pursuant to state HOME regulations section 8204(b), Applicants with current HOME Program Activities contracts, or with Program Activities awards from the last HOME Program NOFA, are eligible to apply for HOME Program Activities funds only if they have expended, by the application due date of March 10, 2022, at least 50 percent of the aggregate total of funds originally awarded. Potential Applicants with no open HOME Program Activities contracts are not affected by this rule. A current HOME contract is a contract or award with an expenditure deadline that has not yet occurred by March 10, 2022.

Note: The Rule also applies to contracts for which the contract period was extended and has not yet reached its extended expenditure deadline. "Expended" funds are the total of all valid Administrative and Project Drawdown Requests (PDR) or, for Tenant-Based Rental Assistance (TBRA), future commitments on Project Setup Reports received by the Department by the NOFA application deadline. Additionally, for FTHB and Owner-Occupied Rehabilitation (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. As applicable, Applicants, excluding CHDOs and Developers, must be in compliance with 2 CFR §200.512 Single Audit Report submission requirements on the application due date.

To be eligible for funding, the Applicant must comply with the submission requirements of the 2 CFR §200.512 Single Audit Report. Single Audit reporting packages are due to the California State Controller’s Office (SCO) nine months after the entity’s fiscal year ends pursuant to 2 CFR § 200.512. For most California entities, the reporting package is due March 31 of each year. Entities with approved extensions on file must submit their reporting package by the due date indicated in their approved extension letter. Applicants are responsible for making the determination as to the applicable due date for the Single Audit reporting packages.

California Department of Housing and Community Development 7 2020-2021 HOME NOFA
The Department will determine the status of 2 CFR § 200.512 Single Audit reporting compliance as of the application due date, March 10, 2022, by consultation with SCO. Jurisdictions that are exempt from filing a 2 CFR §200.512 Single Audit report, because their federal funding falls below the federal threshold, are required to submit a copy of the letter notifying SCO of the exemption status. The letter must be included in their HOME application.

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
The state HOME program will fund only the following types of Projects and Programs.

Rental and homebuyer projects with multiple sites must have common ownership and financing.

1. Rental projects
• Rental new construction project – Funds provided to develop a specific multifamily project on a specific site by a specific Developer. Rental new construction projects may be with or without acquisition; or • Rental rehabilitation project – Funds provided to rehabilitate a specific rental project with or without property acquisition.

Per Section 92.205(a) of the federal HOME regulations, “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 change of current ownership is not acquisition of property, whether or not monies were exchanged.

Applicants requesting project funding for a rental project consisting of multiple sites must be in compliance with UMR Section 8303(b).

Note: Projects for acquisition only are not eligible for funding.

2. FTHB projects
a. Construction financing must include the following:
• New construction or acquisition/rehabilitation/ conversion to develop homes on specific site(s).
• 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.

California Department of Housing and Community Development 8 2020-2021 HOME NOFA
b. Homebuyer mortgage assistance only (no HOME construction financing) in a project that is being constructed or acquired and rehabilitated with other funds to then be sold to eligible first-time homebuyers.

3. Program Activities
Eligible HOME Program Activities are as follows:
a) First-Time Homebuyer (FTHB) program
• Acquisition-only down payment assistance - Funds awarded to a HOMEeligible Applicant to provide loans to homebuyers for acquisition of a modest dwelling that the homebuyer selects from the open market. CHDOs are ineligible for this activity.
• Acquisition with rehabilitation - Funds provided to a HOME-eligible Applicant, or CHDO, to perform acquisition with rehabilitation activities. To be considered a CHDO-eligible activity, the CHDO must assume the role of Developer and own the property, completing the rehabilitation of the unit prior to selling the home to an eligible homebuyer. • Infill new construction - Funds provided to an eligible Applicant, or CHDO, to provide assistance for the new construction of dwellings on scattered sites, with no more than four dwellings per vacant site. Pursuant to federal National Environmental Policy Act (NEPA) requirements, an environmental assessment (EA) will be required if more than four units, regardless of the funding source, are developed within 2,000 feet of one another. To be considered a CHDO-eligible activity, the CHDO must assume the role of Developer, own the property during construction, and sell the home to an eligible homebuyer within nine months of completion. All dwellings must be situated on land held in fee simple, leasehold, or another manner approved in writing by the Department, and be affixed to a permanent foundation.

Pursuant to state HOME regulations, Section 8207, the FTHB primary mortgage loan must be fully amortized and have a fixed interest rate that does not exceed the current market rate, as recognized by the 90-day “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-netyields.

For projects with costs that exceed 100 percent of the appraised value, this activity is eligible only if the application clearly documents the availability of grant funds or building sites currently owned by the Applicant or Developer. For example, if the project includes a development grant as a funding source, then the Applicant shall provide a commitment letter from the funding source in form and content acceptable to the Department in its sole discretion.

California Department of Housing and Community Development 9 2020-2021 HOME NOFA
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 to meet federal, state, or local building codes, and for correction of any health and safety deficiencies.
“Reconstruction” means the rebuilding, on the same residential lot. This includes homes destroyed by natural causes. HOME funds must be 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 HOME-eligible jurisdiction within the county where the TBRA funds were awarded.

For example, TBRA funds awarded to the City of Winters can also be used for units located in Woodland, West Sacramento, or the unincorporated areas of Yolo County, since all of these jurisdictions are state HOME eligible within Yolo County, but may not be used in Davis, which is not state HOME eligible.

Additionally, all program participants will be required to coordinate with their local Continuum of Care to ensure that TBRA funds are used only after all other emergency rental assistance funds currently available have been provided to potential TBRA beneficiaries and the Department has approved the assistance to the beneficiary. Documentation in the beneficiaries’ files must be maintained to demonstrate that this action has taken place.

D. Ineligible use of funds includes, but is not limited to, the following:

At HUD’s discretion, funds used to refinance mortgage loans are not allowed and are considered ineligible use of HOME funds, in accordance with the HOME Final Rule, Section 92.206(b).

Pursuant to federal HOME regulations section 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, unless the facilities exclusively serve the residents and their guests. In other words, the space cannot be available for use by the general public.

Pursuant to federal HOME regulations section 92.214, HOME funds cannot be used for the initial deposits to the operating and replacement reserve required by state UMR sections 8308 and 8309. Therefore, in a project where HOME is the only source of financing, or if other lenders/equity partners will not pay for these costs, the Developer must pay them.

California Department of Housing and Community Development 10 2020-2021 HOME NOFA
Additionally, HOME funds cannot provide a duplication of benefit or supplant any other federal, state or local funds previously committed to the project.

Only eligible activities will be scored and ranked. If an application contains two activities, one of which is an ineligible activity, then the eligible activity will be scored.

For further ineligible uses of HOME funds, refer to the HOME Final Rule.

E. Activity combinations and limits
Eligible Applicants (excluding Developers and CHDOs) may apply for two 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 and for Program Activities.

Projects and Program Activities are rated and ranked separately.

CHDOs may apply for two activities as follows:

1. One rental project and one FTHB project, or

2. One rental project or FTHB project and FTHB Program Activity of infill new construction or Acquisition with Rehabilitation.

Developers applying with an eligible Applicant as defined above may submit only one independent application pursuant to this NOFA. An application may consist of one activity as follows:

1. One Rental rehabilitation with or without an acquisition project

2. One Rental new construction project
F. Allocation of funding
Funding made available by this NOFA will be allocated in accordance with the state HOME regulations cited below. The utilization of COVID-19 waivers will reduce the CHDO set-aside and increase the amount the state will utilize for administrative costs:

California Department of Housing and Community Development 11 2020-2021 HOME NOFA
Allocation of Funding
Section 8212.1(a)
* 40 percent for Program Activities
* 55 percent for rental projects (includes CHDO set-aside) * 5 percent for FTHB projects
Sections 8212.1 and 8213
• The top-ranked project and Program Activity application, respectively, submitted by an Indian Reservation, Rancheria, or Tribally Designated Housing Entity that passes threshold and meets the HOME program requirements will be awarded HOME funds.
• A minimum of 50 percent will be reserved for Rural areas as defined in Section 50199.21 of the California Health & Safety Code (HSC).

State HOME regulations, section 8213(d) specifies that, in the event there are insufficient monies to fund an Applicant's entire program, 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 other allocations.

Over-the-Counter (OTC) HOME funding is available only if the amount requested by all Applicants competitively is lower than demand. The Department will notify all parties through a “HCD Listserv” announcement if there will be an additional OTC HOME NOFA funding opportunity.

G. Activity funding amounts and limits
The loan limits stated below do not include funds for administration or CHDO operations. Limits apply to the combined amount of funds requested through this NOFA and HOME program income and recaptured funds.

For example, an eligible Applicant (excluding Developers) may request up to $7 million for a project (i.e., a $7 million loan and grant for administration expenses or CHDO Operating Funds limited to the maximum in the NOFA Section II, K). Developers are not eligible for reimbursement of administration costs.

Projects may propose to utilize either four percent (4%) or nine percent (9%) tax credits to fund their project and may exercise flexibility post award to determine the type of tax credits they will use. The HOME award amount must remain the same for either type of tax credits proposed. Tax credits cannot be used to replace awarded HOME funds.

For administration/CHDO operation funds and activity delivery amounts, see NOFA Sections II.K. and II.L
Rental new construction project loan limits: $7 million Rental rehabilitation with or without acquisition loan limits: $7 million

California Department of Housing and Community Development 12 2020-2021 HOME NOFA
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 per the UMRs, decrease the HOME loan amount. This also applies to Rental rehabilitation with or without acquisition projects.

Homebuyer project loan limits

1. Down payment assistance cannot exceed 50 percent of the proposed unit sales price plus closing costs. Applicants will need to consider their pool of potential Applicants’ 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 per-unit subsidy limits.

2. The federal per-unit subsidy and HOME Value Limits still apply. All loan amounts will be verified by a subsidy layering analysis, and loan amounts will be reduced if the amount requested exceeds what is needed.

Note: Using HOME homebuyer project funds, HOME homebuyer program funds, and/or any HOME program income (“PI”) and recaptured funds (“RF”) in the same homebuyer project, is not permitted except in limited circumstances and at the sole discretion of the Department.

Projects funding maximums
Rental New Construction or Rehabilitation
with or without acquisition
$7 million
First-Time Homebuyer Project $7 million
CHDO Operating funds grant* $200,000
Administrative funds grant* $150,000
*See NOFA Section II K and L for guidance.

Minimum and maximum amount of funds per project

1. The minimum amount of HOME funds that must be invested in a rental or homeownership housing project is $1,000 for each 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 $15,000.

2. The maximum amount of HOME funds invested in a project, including activity delivery costs, shall not exceed the lower of:
a) Per-unit subsidy limits, established by HUD (updated annually), under 24 CFR §92.250; or

California Department of Housing and Community Development 13 2020-2021 HOME NOFA
b) The development cost of HOME-assisted units compared to all units in the project and the size of the HOME units compared to all other units in the project, pursuant to 24 CFR §92.205(d)(1); and

3. The maximum amount of HOME funds invested in a project (when combined with other financing and assistance), must accomplish the following:
a) Enable the project as proposed to be developed and to operate in compliance with all HOME requirements, including the subsidy-layering requirement at 24 CFR §92.250. For more information, see HUD’s CPD Notice 98-01. b) For rental projects of five or more units, achieve a debt-service coverage ratio in accordance with UMR section 8310.

The current income and rent limits must be used in these calculations. They are located on the Department’s website at: http://www.hcd.ca.gov/grantsfunding/income-limits/state-and-federal-income-limits.shtml.

The current HUD per-unit subsidy limits are located on the Department website at:
http://www.hcd.ca.gov/grants-funding/income-limits/state-and-federal-income- limits.shtml.

FTHB and OOR activities are subject to the HOME Value Limits. The current limits can be found at http://www.hcd.ca.gov/grants-funding/income-limits/state-and-federal-incomelimits.shtml.

Pursuant to federal regulations, a project may receive only one HOME fund award. This prohibits the combination of awards from a State Recipient, and a Developer, or CHDO on the same project, and also prevents the combination of awards from more than one HOME NOFA on the same project.

Pursuant to 24 CFR §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.

California Department of Housing and Community Development 14 2020-2021 HOME NOFA
Program Activities funding limits
Maximum: $2 million (including administration and activity delivery costs). Minimum:
$300,000. Applies to HOME-eligible Applicants for all Program Activities, subject to the following chart:
* See “Expended Funds” definition in state HOME regulations § 8204(b). ** 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 $700,000.

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 HOME regulations require that all program income (“PI”) and recaptured funds (“RF”) 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 and RF may be accumulated throughout the current reporting period (fiscal year) and committed to a project in the next fiscal year.

The PI and RF 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 activity and project or Program Activity, and the intended beneficiary type) to ensure timely use of program income funds. All PI and RF must be reported in the Annual Performance Report to the Department.

I. Deep affordability targeting
A total of approximately $5 million in HOME funds are available as part of the rental project allocation to assist rental new construction projects to reduce or eliminate permanent conventional debt with mandatory debt service for the purpose of lowering rents on some or all of the project’s units. Eligible Applicants may apply for up to an additional $1 million in HOME funds for this purpose.

Eligible projects are rental new construction projects that do not utilize nine percent (9%) tax credits and set a portion of the units’ rents below 50 percent of AMI for the HOME Expenditure Rate* Achieved
Maximum Application
Amount
Expenditure Rate for Applicant’s 15-HOME,
16-HOME, and 18-HOME Program
Activities Contracts
$2,000,000 60 percent or more
$1,500,000 55 – 59.99 percent
$ 700,000 0 – 54.99 percent

California Department of Housing and Community Development 15 2020-2021 HOME NOFA
entire regulatory term. Be aware the new flexibility to change tax credits after award will not be applicable for deep affordability projects. Projects also must meet the periods of affordability specified in the following table.

Period of Affordability
Number of Years Applicant Type
55 years Developments on fee land
50 years Developments on Native American
Lands (both fee simple and leasehold)
Applicants for deep affordability targeting funds must submit two sets of application documents as set forth in the Deep Affordability Targeting Documentation Checklist of the HOME Supplement to the Universal Application. This additional documentation must illustrate any differences in proposed project rent levels, financing commitments, and other financials when funded at the deep affordability targeting funding level versus the regular maximum HOME funding level. The additional documentation must also include another “Financial Feasibility Self Evaluation” form. The Department expects to see a reduction in rents, debt service, operating reserve, and permanent conventional financing commitments because of the higher HOME loan amount. However, there must be no difference in total development cost under the regular HOME funding scenario versus the deep affordability targeting funding scenario. The total operating expenses may change based on the population served; however, the amount budgeted for Supportive Services Costs must be consistent with the UMR Section 8314(e). Any differences in total operating expenses and required replacement reserve deposits between the two scenarios must be explained in the application.

Although the project rent schedule may change with deep affordability targeting funds, the total number of units and the size of units in the project may not change. In putting together the unit mix under both scenarios, among the HOME-assisted units, no more than four different rent AMI levels shall be used for each bedroom size.

Deep affordability targeting rating factors
The available funds will be allocated to projects that rank high enough to be funded through the normal rating and ranking process and based on the following deep affordability targeting rating factors:

1. The higher the percentage of HOME units restricted below 50 percent AMI, the deeper affordability targeting points that will be awarded; and

2. The lower the average rent of HOME units expressed as a percentage of AMI, the deeper affordability targeting points that will be awarded.

Fifty percent (50%) of deep affordability targeting HOME funds will be made available to projects in counties in which the HOME 50 percent AMI limit for a household of four is below $39,200 based on the 2021 HUD HOME 50 percent median income limits. Fifty percent of the funds will be made available to projects in counties whose

California Department of Housing and Community Development 16 2020-2021 HOME NOFA
HOME 50 percent AMI limit for a household of four is $39,200 or more. Unused funds in one group will be made available for the other group.

If a project does not score high enough on the deep affordability targeting factors to receive deep affordability targeting funds, it will be evaluated for overall HOME rating purposes using the rents that are proposed at the regular maximum HOME funding level.

For assistance on deep affordability targeting applications, submit questions to [email protected].

J. Forms of assistance

1. HOME loans
HOME assistance shall be in the form of deferred payment loans to be repaid 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 State HOME Regulations § 8205(c)(C)(i and ii)

2. HOME grants
HOME assistance must be provided in the form of a grant for relocation payments, lead-based paint hazard evaluation and reduction activities, and TBRA. HOME assistance may be provided in the form of a grant for rehabilitation activities performed under 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 of the applicable HUD per-unit subsidy limit for the project. This amount is in addition to any grant funds currently permitted for relocation, lead-based paint remediation, and activity delivery costs for the project.

HOME assistance may be used for activity delivery cost grants for eligible Applicants. Activity delivery costs are further defined by the term “related soft costs” in the HOME Final Rule at 24 CFR § 92.206(d), except that customary closing costs for home acquisition activities may be charged as either a loan or part of the grant funding for activity delivery costs.

IMPORTANT: All project-related soft costs associated with an OOR project must be included in the 24 percent funding maximum available for activity delivery costs.

HOME funds for activity delivery 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 activity delivery 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 commitment of funds, may be reimbursed at the sole discretion of the Department

California Department of Housing and Community Development 17 2020-2021 HOME NOFA
after execution of the state’s Standard Agreement. On a case-by-case basis, the Department may, in writing and in its sole discretion, permit reimbursement for other expenses incurred after the date of the Award letter, and prior to the effective date of the Standard Agreement, upon the written request of the Applicant.

K. Administrative and CHDO operation funds
The following limits apply to the amount of administrative and CHDO operations 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.

Projects
Applicants eligible to receive administrative funds applying for $5 million or more in project development costs may request up to $100,000 for administrative costs. If requesting less than $5 million in project development costs, Applicants may request up to $75,000 for administrative costs.

CHDOs applying for $5 million or more in project development costs may request up to $200,000 in CHDO operations funds. If requesting less than $5 million in project development costs, Applicants may request up to $150,000 in CHDO operation funds.

This includes FTHB projects.

Developers are not eligible to apply for administrative funds.

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 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 rate.

All administrative costs must be reasonable, and Applicant must have detailed records to demonstrate costs are eligible for reimbursement.

TBRA Applicants may request up to an additional 9.5 percent of the total TBRA application amount for TBRA general administration, for a total of 12 percent of gross TBRA funds for TBRA general administration. Due to state budget constraints, the total amount of administration for this purpose is $200,000. If there is more demand for TBRA administration funds than available, only the highest-rated TBRA Applicants will receive administration funds in addition to the regular 2.5 percent allocation. All TBRA Applicants will receive at least the basic 2.5 percent amount for Administration.

Actual eligible expenses must be incurred to draw down these funds.

California Department of Housing and Community Development 18 2020-2021 HOME NOFA
L. Activity delivery funds
Projects
Eligible Applicants of rental and homebuyer projects may receive up to $50,000 of the contract amount (loan and grant funds) for activity delivery costs (activity delivery funds). Activity delivery funds are grants and not part of the project loan amount. Activity delivery funds may be used at the Applicant’s discretion to fund the activity, activity delivery costs, or any combination of the two.

For a description of the types of expenses, which may be charged to activity delivery, see 24 CFR §92.206(d)(6) and 92.206(f)(2). Activity delivery, administration, and CHDO operations funds should not be included in the development budget since the development budget must reflect HOME loan amounts only, not HOME grant funds.

Developers shall not act as an administrative subcontractor for the same HOME funded project activity and are not eligible for project activity delivery costs.

Programs
Except for TBRA activities, Standard Agreements (contracts) will automatically allow the use of up to the maximum amount of activity delivery funds for each specific activity. At the time of set-up (i.e., when the HOME recipient is ready to begin drawing activity funds) an activity delivery funds request may be made for actual expenses:

1. Up to 24 percent of the HOME loan/grant amount for OOR and for the rehabilitation component of acquisition with rehabilitation. Activity delivery costs for rehabilitation projects may exceed the 24 percent limit if documentation of actual 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 of the total acquisition cost for FTHB activities involving acquisition with rehabilitation.

3. Up to 5 percent of the HOME TBRA payment for unit inspection and income determination activities.

4. Up to 6.5 percent of the HOME amount for all other activities.

III. State and federal requirements
Applicants are required to ensure programs and projects development are in compliance with all the state and federal regulations governing this funding. Those to be considered in completing your application are highlighted below.

California Department of Housing and Community Development 19 2020-2021 HOME NOFA
A. Physical needs assessment
Pursuant to 24 CFR §92.251, housing that is constructed or rehabilitated with HOME funds must meet all applicable local codes and rehabilitation standards at the time of project completion. Projects involving rehabilitation must do sufficient rehabilitation to ensure the long-term viability of these projects. Pursuant to state UMR Section 8309(b)(2), the Department requires rental rehabilitation project Applicants to submit a third-party physical needs assessment.

B. Timeframes for use of funds
Recipients of HOME funds are subject to progress deadlines and expenditure deadlines that are defined in the state and federal regulations and specified in the Standard Agreement. Failure to meet applicable deadlines may potentially result in the assessment of penalties, potential recapture of HOME funds (spent and/or unspent), and point deductions from future NOFA applications:

HOME Deadlines
Deadline
Construction loan closing 20 months from award
Expenditure (Program Activities) 48 months from award
Expenditure (project) 40 months from award
Projects
For projects, if a grantee fails to meet one or more of the deadlines outlined in the paragraph above, a performance penalty will be imposed on the next project application submitted by the Applicant, as well as the project’s Developer, owner, and managing general partner.

If a grantee gives back their award in lieu of another funding source or tax credits, the Applicant will be held out of the next HOME funding round.

Program Activities
All Program Activities funds must be expended by the end of the 48th month following the award date. Grantees must ensure that work is completed well in advance of the expenditure 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.

California Department of Housing and Community Development 20 2020-2021 HOME NOFA
C. Match requirements
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 projects.

D. Annual monitoring fees for multifamily projects
Pursuant to 24 CFR §92.214(b)(1)(i), participating jurisdictions, such as the state HOME Program, will charge fees to cover the cost of ongoing monitoring and physical inspection of HOME projects during the state period of affordability. The state HOME program will charge these fees as described in this NOFA.

For Developer and CHDO projects
The Department charges an annual monitoring fee as follows:

Table 8 – Monitoring Fees
Number of Units 2021
12 or fewer $5,900
13 to 24 $9,600
25 to 36 $11,700
37-48 $12,000
49-60 $14,350
61 or more $16,800
To adjust for inflation, this fee shall increase by three percent per year unless the Department determines that the monitoring costs are increasing at a lower rate. To determine the beginning monitoring fee, the applicant will estimate the placed in service year and adjust the fee upward from 2021. Financial assumptions in the HOME application shall be based on the rate that will be effective at the time of initial occupancy.

Annual monitoring fees are mandatory payments. The first payment shall be prorated based upon the total number of days after completion within the first fiscal year.

Lump sum payment made from development funds is not allowed for HOME projects.

Payments made must be pursuant to the regulatory agreement.

For Eligible Applicants’ projects
Applicants may charge their borrower annual monitoring fees to cover the ongoing cost to monitor and conduct physical inspections provided:

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 Applicant’s loan documents with

California Department of Housing and Community Development 21 2020-2021 HOME NOFA
the borrower; and

3. An amount equal to 10 percent of the monitoring fee which is charged to the project will be paid by the Applicant to the Department to cover the Department’s costs of monitoring the Applicant’s rental project compliance activities.

IV. Application review
A. Minimum application requirements
Applications for the HOME program will not be considered for funding unless the application demonstrates that the following minimum requirements have been met pursuant to Section 8212 of the state HOME regulations:

1. The application was received by the Department by the deadline specified in this NOFA.

2. The Applicant is eligible pursuant to state HOME regulations sections 8204, 8204.1(c), and Appendix A of the NOFA or by way of the Department’s use of the AB 1010 waiver.

3. The Applicant proposes at least one eligible activity pursuant to state HOME regulations section 8205 (other than administration).

4. The use of funds is eligible per state HOME regulations sections 8205 and 8210(c).

5. The application is complete pursuant to state HOME regulations section 8211(b).

6. The Applicant has no unresolved audit findings pursuant to state HOME regulations sections 8204(a)(1)(D) (ii) and (2)(C)(i).

7. The Applicant has provided documentation satisfactory to the Department that it complies with the submittal requirements of 2 CFR §200.512 Single Audit reporting requirements.

8. The Applicant and any member of its program or project team is not on the list of debarred contractors at https://www.sam.gov/SAM/ pursuant to state HOME regulations Sections 8204(a)(1)(D)(iii) and (2)(C)(ii).

9. The total amount of funds requested for both administration activity-specific costs and activity delivery costs does not exceed the limits identified in the NOFA.

10. The application form provided by the Department has not been altered or modified and is complete in all respects.

11. CHDO applications must contain procedures for ensuring effective project control pursuant to 24 CFR §92.300(a)(1) and state HOME regulations Section 8204(a)(2)(D).

California Department of Housing and Community Development 22 2020-2021 HOME NOFA
B. Rating and ranking
The Department will rate, rank and fund applications based on review of eligible activities for which funds are requested. The application must be submitted using Department forms, and contain all information required pursuant to state HOME regulations Sections 8211(c), (d), and (e). Scoring for projects is subject to the appeal process described in NOFA Section IV.F. Each project or combination of Program Activities will be evaluated and ranked separately.

The Department requires full disclosure in each application of all pending and proposed applications for other Department applications for the same project, regardless of who is applying for funding (e.g., city, county, Developer, sponsor, etc.).

Pursuant to Section 8212(d)(5) of the state HOME regulations, HOME project applications must receive a minimum score of 930 points to be funded based on the following categories:
• Housing Element (50 points)
• Formula Reallocation (50 points)
• Rural Area (50 points)
• State Objectives (200 points)
• Capacity (up to 450 points)
• Community Need (up to 250 points)
• Project Feasibility (up to 200 points)
• Project Readiness (300)
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 lower of the average rent expressed as a percentage of area median income will be funded first. The Department Director will make final funding decisions in his or her sole discretion.

Applications will be funded in descending order based on points earned. Applications that qualify for CHDO, FTHB project, tribal and rural set-asides will be funded first, based on their scores as necessary to meet the minimum set-asides.

Once the set-asides have been achieved and the top-ranked project and top-ranked Program Activity on Native American Lands as defined in Section 8201(x or by an eligible Native American Entity has been selected, all remaining applications will be funded within their respective allocations pursuant to state HOME regulations Section 8212.1, based on their scores relative to all other applications with the highestscoring application funded first.

Project application review and analysis

1. In accordance with Section 8212(a)(6) of the state HOME regulations, Section 8310 of the state UMR, and the 2013 HOME Final Rule, Section 92.250 (b), the Department will perform underwriting analysis to substantiate the project is financially feasible for at least 20 years, as well as a subsidy layering analysis to determine the amount of the HOME loan.

California Department of Housing and Community Development 23 2020-2021 HOME NOFA
To determine the project’s feasibility and sustainability, the Department will review the project Sources and Uses Form. When completing the form, Applicants should be sure to include all known and potential project costs, such as those caused by 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.

2. The project has site control pursuant to state UMR section 8303 and must meet HUD requirements regarding acceptable forms of site control.

3. There is no pending or threatened litigation that could affect implementation of the proposed project.
a) Rental projects must demonstrate compliance with, or be exempt from, the requirements of Article XXXIV of the California Constitution pursuant to state HOME regulations section 8212(a)(7).
b) Relocation certification is required for all projects including vacant site(s).

Applicants that assert their project does not require relocation must submita 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:

California Department of Housing and Community Development 23 2020-2021 HOME NOFA
• Vacant land, which is land that is not developed or being used for agricultural purposes;
• Property vacated for the project, then relocation applies; and • Tenant is someone 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 Nonapplication 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
• 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 ofWork • 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

California Department of Housing and Community Development 24 2020-2021 HOME NOFA
C. Projects application scoring factors and evaluation
HOME Projects
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 state HOME regulations Section 8201(t), as of the NOFA application due date. The Current Housing Element Status Report is available at https://www.hcd.ca.gov/community-development/housingelement/index.shtml#status 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, [email protected].

CHDOs, Developers, and projects to be developed on Native American Lands, as defined in state HOME regulations Section 8201(y)(1), are exempt from this requirement. These entities shall receive full points for this scoring factor.
50 Factor: HUD direct HOME allocation (declined)
A jurisdiction that proposes activities that are eligible to receive HUD direct HOME allocation funds and declines the funding for the purpose to preserve their state HOME eligibility, shall receive full points for this scoring factor. 50 Factor: Rural communities
Activities proposed in a rural community shall receive full points for this scoring factor.
50 Factor: Capacity – Prior Applicant Experience
Applicants that demonstrate experience implementing local, state or federal affordable housing and/or community development projects, during the last seven calendar years (1/1/2015 – 12/31/2021), shall receive points for this scoring factor.
10 points for each project completed creating 2 or more units of affordable housing. List a total of 5 projects in the last 7 calendar years. 50 Factor: Capacity - Prior Developer Team Experience
Developers that show the project team has experience developing the same type of subsidized project as proposed in the application, during the last five calendar years (1/1/2017 – 12/31/2021), shall receive points for this scoring factor.
1 project completed 100 points
2 projects completed 150 points
3 projects completed 200 points
200

California Department of Housing and Community Development 25 2020-2021 HOME NOFA
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.

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 1/1/2016 – 12/31/2020, failed to meet the project deadlines as outlined in their Standard Agreement, unless extended in writing by the Department, points shall be deducted for this scoring subfactor as follows:

Permanent financing deadline (5 points)
Project set-up deadline (10 points)
Construction loan-closing deadline (10 points)
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 grant funds. Because of this, Applicants that were required to submit reports and failed to comply are subject to a reduction of points, up to a deduction of 50 points.

This applies to any HOME project monthly, quarterly PI reports, annual reports, and project completion reports, due between 1/1/2017 – 12/31/2021. • Late or missing monthly reports, deduct 5 points for each report • Late or missing quarterly Program Income Reports, if applicable, deduct 5 points
• Late or missing annual reports, deduct 25 points
• Late or missing project completion reports, deduct 20 points Maximum
50 point
deduction
Sub-factor #3: Material Misrepresentation
If between 1/1/2016 – 12/31/2020, 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 HOME investment funding in a project or place the Department at risk of a HUD monitoring finding, up to 200 points shall deducted for this scoring subfactor. 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

California Department of Housing and Community Development 26 2020-2021 HOME NOFA
Sub-factor #4: Monitoring Noncompliance (1/1/2017 – 12/31/2021) 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 that the Applicant, owner, and 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 that the Applicant, owner, and managing general partner failed to timely submit 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 NOFA webpage.

Up to
250
Factor: Project Feasibility

1. State and federal requirements (including UMRs for rental projects) (195)

2. Highest percentage of HOME-assisted units (5)
200
Factor: Project Readiness

1. Rental Projects. Project readiness factors are available in the HOME Supplemental Application, found at the Department HOME webpage.

2. Homebuyer Projects. Project readiness factors are available in the Homebuyer Project Application (Part B), available on the Department HOME webpage.

3. Project Development Plan (PDP). Rating points will be awarded if the required* item was prepared and submitted within the applicable timeframes, and meets the minimum requirements specified in the HOME Supplement.

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.
300

California Department of Housing and Community Development 27 2020-2021 HOME NOFA
Factor: State Objectives
For the state objective 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 for the following objectives:

1. Committed financing

2. Overcoming impediments to fair housing

3. Policy objectives
− Special Needs populations
− Homelessness
− Access to opportunity
Sub- factor #1: Committed Financing
Points will be awarded for projects that have 100 percent of the non-state permanent financing committed by the application due date. Projects anticipating applying for any type of tax credits will not be considered as having their financing committed and are thus not eligible for these points. 85 Sub-factor #2: Overcoming Impediments to Fair Housing Points shall be awarded for projects located in high- and highest- areas of opportunity within the TCAC Opportunity Map,
http://www.treasurer.ca.gov/ctcac/opportunity.asp
35 Sub-factor #3: Policy Objectives. Special Needs Populations, or Homelessness.

Special Needs populations (up to 80 points). See chart below.

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)
• No Place Like Home Program
• Veterans Housing and Homelessness Program
• Housing for a Healthy California Program
• Multifamily Housing Program
Points may also be awarded to projects that provide project-based rental assistance, under the terms of an MHSA or Veterans Affairs Supportive Housing Voucher (HUD-VASH).
-- or --
Homelessness (up to 80 points).

Points shall be awarded to applications that propose projects serving people experiencing homelessness.

If serving Special Needs or Homeless populations, the projects must include supportive services pursuant to Housing First requirements. 80 TOTAL AVAILABLE POINTS FOR PROJECTS 1550

California Department of Housing and Community Development 28 2020-2021 HOME NOFA
Percentage of units assisting Special Needs or Homeless Populations or VASH units
Percent of Units Designated by all
Funding Sources as Special Needs Units Points
51% or more 80
41-50% 70
31-40% 60
26-30% 50
21-25% 35
16-20% 22
10-15% 9
6-10% 5
1-5 % 3
D. Credits and additional point-deduction rules

1. Credit for good performance on the same project with missed deadlines The deducted points for each specific project shall be restored if all of the following events occur prior to the application due date for the same project:
a) Project completion. The Department receives the final Certificate of Occupancy and the Notice of Completion is filed at the County Recorder’s Office. b) The Project Completion Report. The Department receives the Project Completion Report showing all HOME units are occupied.
c) All HOME funds are expended by the original expenditure deadline as stated in the Standard Agreement.

2. Credit for other completed HOME projects
Points will be partially restored to the extent the Applicant, Developer, owner, or managing general partner completed other HOME projects. Five points will be restored for each completed HOME project awarded HOME funds between June 1, 2017 and December 31, 2021.

For example, one of a Developer’s three HOME projects awarded in this timeframe missed the completion deadline, resulting in an 80-point deduction. Two projects awarded HOME funds between June 1, 2017 and December 31, 2021 have been completed. 10 points (two projects X five points) will help to offset the 80-point deduction.

California Department of Housing and Community Development 29 2020-2021 HOME NOFA

3. Additional point deduction rules
a) Pursuant to state HOME regulations section 8217, Applicants who disencumbered a project contract between June 1, 2017 and December 31, 2021 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. b) Point deductions for projects subject to the holdout penalty (see state HOME regulations section 8217(b)(3)). Applicants that have not received a waiver of the holdout penalty, pursuant to state HOME regulations section 8217(c), may be eligible to apply because the project in question meets a specific performance standard identified in the state HOME regulations section 8217(b)(3)(A), which states the project has been completed, occupied, all funds have been expended, and all HOME funds have been drawn. These Applicants are still subject to a performance penalty of up to 50 points on the next HOME application following the holdout penalty, along with the project’s Developer, owner, and managing general partner pursuant to state HOME regulations 8217(b)(3)(B).

E. 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.

F. Appeals

1. Basis of appeals
a) Upon receipt of the Department’s notice that an application has been determined to be incomplete, fail the threshold, or have a reduction to the preliminary point score, Applicants under this NOFA may appeal such decision(s) to the Department pursuant to this section.
b) No Applicant shall have the right to appeal a decision of the Department relating to another Applicant’s eligibility, point score, award, denial of award, or any other matter related thereto.
c) The appeal process provided herein applies solely to decisions the Department made in this program NOFA and does not apply to any decisions made with respect to any previously issued NOFAs or decisions to be made pursuant to future program NOFAs.

2. Appeal process and deadlines
a) Process: To lodge an appeal, Applicants must submit to the Department, by the deadline set forth in subsection (b) below, a written appeal which states all relevant facts, arguments, and evidence upon which the appeal is based.

California Department of Housing and Community Development 30 2020-2021 HOME NOFA
Furthermore, the Applicant must provide a detailed reference to the area(s) of the application that provide clarification and substantiation for the basis of the appeal. No new or additional information will be accepted if this information would result in a competitive advantage to an Applicant.

Once the written appeal is submitted to the Department, no further information or materials will be accepted or considered thereafter. Appeals are to be submitted to the Department either via email at [email protected] or at the following address:

California Department of Housing and Community Development Division of Federal Financial Assistance
HOME Projects Manager
2020 W. El Camino Avenue, Suite 200
Sacramento, CA 95833
The Department will accept appeals through a carrier service that provides date stamp verification of delivery such as the U.S. Postal Service, UPS, or FedEx. Deliveries must be received during Department weekday (non-state holiday) business hours of 9:00 a.m. to 5:00 p.m. PST. Emails to the email address listed above will be accepted if the email time stamp is prior to the appeal deadline.
b) Filing deadline: Appeals must be received by the Department no later than five (5) business days from the date of the Department’s eligibility, threshold review, or preliminary point score determination letters representing the Department’s decision made in response to the application.

3. Decision
Any request to amend the Department’s decision shall be reviewed for compliance with the state and federal HOME regulations and UMRs (if applicable), the 2020- 2021 HOME NOFA and “application for funding”, and any subsequent clarifying documents, such as the HOME program’s responses to “Frequently Asked Questions.”
It is the Department’s intent to render its decision in writing within fifteen (15) business days of receipt of the Applicant’s written appeal. All decisions rendered shall be final, binding, and conclusive, and shall constitute the final action of the Department with respect to the appeal.

4. Effectiveness
If the statute, regulations, and/or guidelines governing this program contain an existing process for appealing decisions of the Department with respect to NOFA awards made under such programs, then this section shall be inapplicable and such existing authority shall govern all appeals.

California Department of Housing and Community Development 31 2020-2021 HOME NOFA
G. Program Activities application scoring factors and evaluation HOME Program Activities Rating Factors
Scoring Factors Points
Factor: Housing Element
Cities and counties are required to be in substantive compliance with state Housing Element Law, as defined in state HOME regulations section 8201(t), as of the NOFA application due date. Housing Element Annual Progress Reports are available at
https://www.hcd.ca.gov/community-development/housingelement/index.shtml#status. 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, [email protected].

CHDOs are exempt from this requirement and shall receive full points for this scoring factor.
50 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 to preserve their state HOME eligibility shall receive full points for this scoring factor. 50 Factor: Rural communities
Activities proposed in a rural community 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 (1/1/2015 – 12/31/2021), plus 2022 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.
• Reporting noncompliance
• Monitoring noncompliance

California Department of Housing and Community Development 32 2020-2021 HOME NOFA
Sub-factor #1: Reporting
Reporting is an essential condition and responsibility of accepting HOME grant funds. Because of this, Applicants required to submit reports and who failed to comply are subject to a reduction 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 15-HOME through 18-HOME), and Annual Performance Reports for FY 18-19, 19-20, and 20-21. The Department reserves the right to deduct points even if the Annual Report is on time but prepared inaccurately.

Maximum
50-point
deduction
Sub-factor #2: Monitoring Noncompliance (1/1/2016 – 12/31/2020) 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, available on the Department HOME webpage. 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 number of units sold in the city or county in the last 12-month period that are affordable to lowerincome families. b. OOR program scoring is determined by the number of overcrowded households by tenure, and the age of the housing stock by tenure, in the city or county as reflected in U.S. Census data.
c. TBRA program scoring is determined by the number of overpayments by 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 objective scoring, Applicants can receive up to 200 points maximum. As applications are reviewed and rated, points will be awarded for the following objectives:

1. Expenditure rates

2. Access to opportunity and homelessness

California Department of Housing and Community Development 33 2020-2021 HOME NOFA
Sub-factor #1: Expenditure Rates
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” definition in Section II.A of this NOFA.
90 Sub-factor #2: Access to Opportunity and Homelessness Points shall be awarded for access to opportunity and homelessness actions.

These points will be awarded to Applicants with local governments that:

1. Identified at least one activity in each of the three access to opportunity categories:
a. Outreach and engagement
b. Prioritize and diversify investment
c. Encourage housing choices in higher opportunity neighborhoods

2. Either applied for TBRA, or has identified in homelessness strategies at least one action in each of the following three categories:
a. zoning and land use
b. funding
c. data outreach and coordination
To receive these points, Applicants must complete and submit the HOME State Objective Worksheets with their application.
110
TOTAL POINTS FOR PROGRAMS 950
H. Disclosure of application
Information provided in the application will become a public record available for review by the public pursuant to the California Public Records Act (Chapter 1473, Statutes of 1968). As such, any materials provided will be disclosed to any person making a request under the California Public Records Act. The Department cautions Applicants to use discretion in providing information not specifically requested, including but not limited to, bank account numbers, social security or taxpayer identification numbers, and personal phone numbers and home addresses. By providing this information to the Department, the Applicant is waiving any claim of confidentiality and consents to the disclosure of submitted material upon request.

V. Award Announcements and Contracts
A. Award announcements
Subject to the availability of funds, the Department intends to send Award letters in August of 2022 for all successful Applicants. If a Standard Agreement is not ready for a construction loan closing, then the borrower and other construction lenders, or any other party associated with the project, must rely on the issuance of an estoppel letter that will be issued (if requested) by the Department at the construction loan closing stage.

California Department of Housing and Community Development 34 2020-2021 HOME NOFA
Updates on planned awards and contract status will be provided through the Department Listserv system. To be added to this list, go to https://www.hcd.ca.gov/iam/sub_email.shtml, scroll down to the HOME program and select the email alert lists you wish to receive.

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 will 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), 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. Recent State Overlays
In addition to existing regulations, both state and federal, the following state regulations have recently been adopted as applicable to the HOME program.

A. Pet-Friendly Housing Act of 2017
This funding is subject to the Pet-Friendly Housing Act of 2017 (HSC, § 50466).

Each Applicant for a rental project is required to submit a signed and dated certification that residents of the housing development will be authorized to own or otherwise maintain one or more common household pets. Pursuant to this statute, “common household pet” means a domesticated animal, such as a dog or cat that is commonly kept in the home for pleasure rather than for commercial purposes. The certification must be included with the application. Submission of the certification is a prerequisite to the granting of an award under this NOFA.

California Department of Housing and Community Development 35 2020-2021 HOME NOFA
B. Climate adaptation
California Executive Order B-30-15 addressed the need for climate adaptation and ordered that:

1. All state agencies with jurisdiction over sources of greenhouse gas emissions shall implement measures, pursuant to statutory authority, to achieve reductions of greenhouse gas emissions to meet the 2030 and 2050 greenhouse gas emissions reductions targets.

2. State agencies shall consider climate change in their planning and investment decisions and employ full life-cycle cost accounting to evaluate and compare infrastructure investments and alternatives.

In response to the Governor’s Executive Order, the Department strongly encourages HOME recipients to implement projects and Program Activities in a manner that reduces greenhouse gas emissions and adapts to climate change.

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 Listserv and will post the revisions to the Department website. Be sure to https://www.hcd.ca.gov/i-am/sub_email.shtml.

B. Conflicts
In the event of any conflict between the terms of this NOFA and either applicable state or federal law or regulation, the terms of the applicable state or federal law or regulation shall control. Applicants are deemed to have fully read and understand all applicable state and federal laws, regulations, and guidelines pertaining to the HOME Program, and understand and agree that the Department shall not be responsible for any errors or omissions in the preparation of this NOFA.

2021 State HOME Income Limits - Effective June 1, 2021
*Percentages may not be mathematically related to each other due to rounding County Income Category*
Number of Persons in Household
1 2 3 4 5 6 7 8
Alameda 30% Limits $28,800 $32,900 $37,000 $41,100 $44,400 $47,700 $51,000 $54,300 Very Low Income 50% $47,950 $54,800 $61,650 $68,500 $74,000 $79,500 $84,950 $90,450 60% Limits $57,540 $65,760 $73,980 $82,200 $88,800 $95,400 $101,940 $108,540 Low Income 80% $76,750 $87,700 $98,650 $109,600 $118,400 $127,150 $135,950 $144,700 Alpine 30% Limits $17,050 $19,500 $21,950 $24,350 $26,300 $28,250 $30,200 $32,150 Very Low Income 50% $28,450 $32,500 $36,550 $40,600 $43,850 $47,100 $50,350 $53,600 60% Limits $34,140 $39,000 $43,860 $48,720 $52,620 $56,520 $60,420 $64,320 Low Income 80% $45,500 $52,000 $58,500 $64,950 $70,150 $75,350 $80,550 $85,750 Amador 30% Limits $16,350 $18,700 $21,050 $23,350 $25,250 $27,100 $29,000 $30,850 Very Low Income 50% $27,300 $31,200 $35,100 $38,950 $42,100 $45,200 $48,300 $51,450 60% Limits $32,760 $37,440 $42,120 $46,740 $50,520 $54,240 $57,960 $61,740 Low Income 80% $43,650 $49,850 $56,100 $62,300 $67,300 $72,300 $77,300 $82,250 Butte 30% Limits $14,650 $16,750 $18,850 $20,900 $22,600 $24,250 $25,950 $27,600 Very Low Income 50% $24,400 $27,900 $31,400 $34,850 $37,650 $40,450 $43,250 $46,050 60% Limits $29,280 $33,480 $37,680 $41,820 $45,180 $48,540 $51,900 $55,260 Low Income 80% $39,050 $44,600 $50,200 $55,750 $60,250 $64,700 $69,150 $73,600 Calaveras 30% Limits $17,150 $19,600 $22,050 $24,500 $26,500 $28,450 $30,400 $32,350 Very Low Income 50% $28,600 $32,700 $36,800 $40,850 $44,150 $47,400 $50,700 $53,950 60% Limits $34,320 $39,240 $44,160 $49,020 $52,980 $56,880 $60,840 $64,740 Low Income 80% $45,750 $52,300 $58,850 $65,350 $70,600 $75,850 $81,050 $86,300 Colusa 30% Limits $14,650 $16,750 $18,850 $20,900 $22,600 $24,250 $25,950 $27,600 Very Low Income 50% $24,400 $27,900 $31,400 $34,850 $37,650 $40,450 $43,250 $46,050 60% Limits $29,280 $33,480 $37,680 $41,820 $45,180 $48,540 $51,900 $55,260 Low Income 80% $39,050 $44,600 $50,200 $55,750 $60,250 $64,700 $69,150 $73,600 Contra Costa 30% Limits $28,800 $32,900 $37,000 $41,100 $44,400 $47,700 $51,000 $54,300 Very Low Income 50% $47,950 $54,800 $61,650 $68,500 $74,000 $79,500 $84,950 $90,450 60% Limits $57,540 $65,760 $73,980 $82,200 $88,800 $95,400 $101,940 $108,540 Low Income 80% $76,750 $87,700 $98,650 $109,600 $118,400 $127,150 $135,950 $144,700 Del Norte 30% Limits $14,650 $16,750 $18,850 $20,900 $22,600 $24,250 $25,950 $27,600 Very Low Income 50% $24,400 $27,900 $31,400 $34,850 $37,650 $40,450 $43,250 $46,050 60% Limits $29,280 $33,480 $37,680 $41,820 $45,180 $48,540 $51,900 $55,260 Low Income 80% $39,050 $44,600 $50,200 $55,750 $60,250 $64,700 $69,150 $73,600 El Dorado 30% Limits $19,050 $21,800 $24,500 $27,200 $29,400 $31,600 $33,750 $35,950 Very Low Income 50% $31,750 $36,250 $40,800 $45,300 $48,950 $52,550 $56,200 $59,800 60% Limits $38,100 $43,500 $48,960 $54,360 $58,740 $63,060 $67,440 $71,760 Low Income 80% $50,750 $58,000 $65,250 $72,500 $78,300 $84,100 $89,900 $95,700 Fresno 30% Limits $14,650 $16,750 $18,850 $20,900 $22,600 $24,250 $25,950 $27,600 Very Low Income 50% $24,400 $27,900 $31,400 $34,850 $37,650 $40,450 $43,250 $46,050 60% Limits $29,280 $33,480 $37,680 $41,820 $45,180 $48,540 $51,900 $55,260 Low Income 80% $39,050 $44,600 $50,200 $55,750 $60,250 $64,700 $69,150 $73,600 Glenn 30% Limits $14,650 $16,750 $18,850 $20,900 $22,600 $24,250 $25,950 $27,600 Very Low Income 50% $24,400 $27,900 $31,400 $34,850 $37,650 $40,450 $43,250 $46,050 60% Limits $29,280 $33,480 $37,680 $41,820 $45,180 $48,540 $51,900 $55,260 Low Income 80% $39,050 $44,600 $50,200 $55,750 $60,250 $64,700 $69,150 $73,600 Humboldt 30% Limits $14,650 $16,750 $18,850 $20,900 $22,600 $24,250 $25,950 $27,600 Very Low Income 50% $24,400 $27,900 $31,400 $34,850 $37,650 $40,450 $43,250 $46,050 60% Limits $29,280 $33,480 $37,680 $41,820 $45,180 $48,540 $51,900 $55,260 Low Income 80% $39,050 $44,600 $50,200 $55,750 $60,250 $64,700 $69,150 $73,600 Imperial 30% Limits $14,650 $16,750 $18,850 $20,900 $22,600 $24,250 $25,950 $27,600 Very Low Income 50% $24,400 $27,900 $31,400 $34,850 $37,650 $40,450 $43,250 $46,050 60% Limits $29,280 $33,480 $37,680 $41,820 $45,180 $48,540 $51,900 $55,260 Low Income 80% $39,050 $44,600 $50,200 $55,750 $60,250 $64,700 $69,150 $73,600 Inyo 30% Limits $15,600 $17,800 $20,050 $22,250 $24,050 $25,850 $27,600 $29,400 Very Low Income 50% $25,950 $29,650 $33,350 $37,050 $40,050 $43,000 $45,950 $48,950 60% Limits $31,140 $35,580 $40,020 $44,460 $48,060 $51,600 $55,140 $58,740 Low Income 80% $41,550 $47,450 $53,400 $59,300 $64,050 $68,800 $73,550 $78,300 Kern 30% Limits $14,650 $16,750 $18,850 $20,900 $22,600 $24,250 $25,950 $27,600 Very Low Income 50% $24,400 $27,900 $31,400 $34,850 $37,650 $40,450 $43,250 $46,050 60% Limits $29,280 $33,480 $37,680 $41,820 $45,180 $48,540 $51,900 $55,260 Low Income 80% $39,050 $44,600 $50,200 $55,750 $60,250 $64,700 $69,150 $73,600 Attachment 2

County Income Category* 1 2 3 4 5 6 7 8
Number of Persons in Household
2021 State HOME Income Limits - Effective June 1, 2021
*Percentages may not be mathematically related to each other due to rounding Kings 30% Limits $14,650 $16,750 $18,850 $20,900 $22,600 $24,250 $25,950 $27,600 Very Low Income 50% $24,400 $27,900 $31,400 $34,850 $37,650 $40,450 $43,250 $46,050 60% Limits $29,280 $33,480 $37,680 $41,820 $45,180 $48,540 $51,900 $55,260 Low Income 80% $39,050 $44,600 $50,200 $55,750 $60,250 $64,700 $69,150 $73,600 Lake 30% Limits $14,650 $16,750 $18,850 $20,900 $22,600 $24,250 $25,950 $27,600 Very Low Income 50% $24,400 $27,900 $31,400 $34,850 $37,650 $40,450 $43,250 $46,050 60% Limits $29,280 $33,480 $37,680 $41,820 $45,180 $48,540 $51,900 $55,260 Low Income 80% $39,050 $44,600 $50,200 $55,750 $60,250 $64,700 $69,150 $73,600 Lassen 30% Limits $15,200 $17,350 $19,500 $21,650 $23,400 $25,150 $26,850 $28,600 Very Low Income 50% $25,300 $28,900 $32,500 $36,100 $39,000 $41,900 $44,800 $47,700 60% Limits $30,360 $34,680 $39,000 $43,320 $46,800 $50,280 $53,760 $57,240 Low Income 80% $40,450 $46,200 $52,000 $57,750 $62,400 $67,000 $71,650 $76,250 Los Angeles 30% Limits $24,850 $28,400 $31,950 $35,450 $38,300 $41,150 $44,000 $46,800 Very Low Income 50% $41,400 $47,300 $53,200 $59,100 $63,850 $68,600 $73,300 $78,050 60% Limits $49,680 $56,760 $63,840 $70,920 $76,620 $82,320 $87,960 $93,660 Low Income 80% $66,250 $75,700 $85,150 $94,600 $102,200 $109,750 $117,350 $124,900 Madera 30% Limits $14,650 $16,750 $18,850 $20,900 $22,600 $24,250 $25,950 $27,600 Very Low Income 50% $24,400 $27,900 $31,400 $34,850 $37,650 $40,450 $43,250 $46,050 60% Limits $29,280 $33,480 $37,680 $41,820 $45,180 $48,540 $51,900 $55,260 Low Income 80% $39,050 $44,600 $50,200 $55,750 $60,250 $64,700 $69,150 $73,600 Marin 30% Limits $38,400 $43,850 $49,350 $54,800 $59,200 $63,600 $68,000 $72,350 Very Low Income 50% $63,950 $73,100 $82,250 $91,350 $98,700 $106,000 $113,300 $120,600 60% Limits $76,740 $87,720 $98,700 $109,620 $118,440 $127,200 $135,960 $144,720 Low Income 80% $102,450 $117,100 $131,750 $146,350 $158,100 $169,800 $181,500 $193,200 Mariposa 30% Limits $14,650 $16,750 $18,850 $20,900 $22,600 $24,250 $25,950 $27,600 Very Low Income 50% $24,400 $27,900 $31,400 $34,850 $37,650 $40,450 $43,250 $46,050 60% Limits $29,280 $33,480 $37,680 $41,820 $45,180 $48,540 $51,900 $55,260 Low Income 80% $39,050 $44,600 $50,200 $55,750 $60,250 $64,700 $69,150 $73,600 Mendocino 30% Limits $15,200 $17,400 $19,550 $21,700 $23,450 $25,200 $26,950 $28,650 Very Low Income 50% $25,350 $28,950 $32,550 $36,150 $39,050 $41,950 $44,850 $47,750 60% Limits $30,420 $34,740 $39,060 $43,380 $46,860 $50,340 $53,820 $57,300 Low Income 80% $40,500 $46,300 $52,100 $57,850 $62,500 $67,150 $71,750 $76,400 Merced 30% Limits $14,650 $16,750 $18,850 $20,900 $22,600 $24,250 $25,950 $27,600 Very Low Income 50% $24,400 $27,900 $31,400 $34,850 $37,650 $40,450 $43,250 $46,050 60% Limits $29,280 $33,480 $37,680 $41,820 $45,180 $48,540 $51,900 $55,260 Low Income 80% $39,050 $44,600 $50,200 $55,750 $60,250 $64,700 $69,150 $73,600 Modoc 30% Limits $14,650 $16,750 $18,850 $20,900 $22,600 $24,250 $25,950 $27,600 Very Low Income 50% $24,400 $27,900 $31,400 $34,850 $37,650 $40,450 $43,250 $46,050 60% Limits $29,280 $33,480 $37,680 $41,820 $45,180 $48,540 $51,900 $55,260 Low Income 80% $39,050 $44,600 $50,200 $55,750 $60,250 $64,700 $69,150 $73,600 Mono 30% Limits $16,600 $18,950 $21,300 $23,650 $25,550 $27,450 $29,350 $31,250 Very Low Income 50% $27,650 $31,600 $35,550 $39,450 $42,650 $45,800 $48,950 $52,100 60% Limits $33,180 $37,920 $42,660 $47,340 $51,180 $54,960 $58,740 $62,520 Low Income 80% $44,200 $50,500 $56,800 $63,100 $68,150 $73,200 $78,250 $83,300 Monterey 30% Limits $21,350 $24,400 $27,450 $30,500 $32,950 $35,400 $37,850 $40,300 Very Low Income 50% $35,600 $40,700 $45,800 $50,850 $54,950 $59,000 $63,100 $67,150 60% Limits $42,720 $48,840 $54,960 $61,020 $65,940 $70,800 $75,720 $80,580 Low Income 80% $56,950 $65,100 $73,250 $81,350 $87,900 $94,400 $100,900 $107,400 Napa 30% Limits $23,900 $27,300 $30,700 $34,100 $36,850 $39,600 $42,300 $45,050 Very Low Income 50% $39,800 $45,500 $51,200 $56,850 $61,400 $65,950 $70,500 $75,050 60% Limits $47,760 $54,600 $61,440 $68,220 $73,680 $79,140 $84,600 $90,060 Low Income 80% $63,050 $72,050 $81,050 $90,050 $97,300 $104,500 $111,700 $118,900 Nevada 30% Limits $18,900 $21,600 $24,300 $26,950 $29,150 $31,300 $33,450 $35,600 Very Low Income 50% $31,450 $35,950 $40,450 $44,900 $48,500 $52,100 $55,700 $59,300 60% Limits $37,740 $43,140 $48,540 $53,880 $58,200 $62,520 $66,840 $71,160 Low Income 80% $50,300 $57,500 $64,700 $71,850 $77,600 $83,350 $89,100 $94,850 Orange 30% Limits $28,250 $32,300 $36,350 $40,350 $43,600 $46,850 $50,050 $53,300 Very Low Income 50% $47,100 $53,800 $60,550 $67,250 $72,650 $78,050 $83,400 $88,800 60% Limits $56,520 $64,560 $72,660 $80,700 $87,180 $93,660 $100,080 $106,560 Low Income 80% $75,300 $86,050 $96,800 $107,550 $116,200 $124,800 $133,400 $142,000

County Income Category* 1 2 3 4 5 6 7 8
Number of Persons in Household
2021 State HOME Income Limits - Effective June 1, 2021
*Percentages may not be mathematically related to each other due to rounding Placer 30% Limits $19,050 $21,800 $24,500 $27,200 $29,400 $31,600 $33,750 $35,950 Very Low Income 50% $31,750 $36,250 $40,800 $45,300 $48,950 $52,550 $56,200 $59,800 60% Limits $38,100 $43,500 $48,960 $54,360 $58,740 $63,060 $67,440 $71,760 Low Income 80% $50,750 $58,000 $65,250 $72,500 $78,300 $84,100 $89,900 $95,700 Plumas 30% Limits $15,400 $17,600 $19,800 $21,950 $23,750 $25,500 $27,250 $29,000 Very Low Income 50% $25,600 $29,250 $32,900 $36,550 $39,500 $42,400 $45,350 $48,250 60% Limits $30,720 $35,100 $39,480 $43,860 $47,400 $50,880 $54,420 $57,900 Low Income 80% $40,950 $46,800 $52,650 $58,500 $63,200 $67,900 $72,550 $77,250 Riverside 30% Limits $16,600 $19,000 $21,350 $23,700 $25,600 $27,500 $29,400 $31,300 Very Low Income 50% $27,650 $31,600 $35,550 $39,500 $42,700 $45,850 $49,000 $52,150 60% Limits $33,180 $37,920 $42,660 $47,400 $51,240 $55,020 $58,800 $62,580 Low Income 80% $44,250 $50,600 $56,900 $63,200 $68,300 $73,350 $78,400 $83,450 Sacramento 30% Limits $19,050 $21,800 $24,500 $27,200 $29,400 $31,600 $33,750 $35,950 Very Low Income 50% $31,750 $36,250 $40,800 $45,300 $48,950 $52,550 $56,200 $59,800 60% Limits $38,100 $43,500 $48,960 $54,360 $58,740 $63,060 $67,440 $71,760 Low Income 80% $50,750 $58,000 $65,250 $72,500 $78,300 $84,100 $89,900 $95,700 San Benito 30% Limits $20,550 $23,450 $26,400 $29,300 $31,650 $34,000 $36,350 $38,700 Very Low Income 50% $34,200 $39,050 $43,950 $48,800 $52,750 $56,650 $60,550 $64,450 60% Limits $41,040 $46,860 $52,740 $58,560 $63,300 $67,980 $72,660 $77,340 Low Income 80% $54,700 $62,500 $70,300 $78,100 $84,350 $90,600 $96,850 $103,100 San Bernardino 30% Limits $16,600 $19,000 $21,350 $23,700 $25,600 $27,500 $29,400 $31,300 Very Low Income 50% $27,650 $31,600 $35,550 $39,500 $42,700 $45,850 $49,000 $52,150 60% Limits $33,180 $37,920 $42,660 $47,400 $51,240 $55,020 $58,800 $62,580 Low Income 80% $44,250 $50,600 $56,900 $63,200 $68,300 $73,350 $78,400 $83,450 San Diego 30% Limits $25,450 $29,100 $32,750 $36,350 $39,300 $42,200 $45,100 $48,000 Very Low Income 50% $42,450 $48,500 $54,550 $60,600 $65,450 $70,300 $75,150 $80,000 60% Limits $50,940 $58,200 $65,460 $72,720 $78,540 $84,360 $90,180 $96,000 Low Income 80% $67,900 $77,600 $87,300 $97,000 $104,800 $112,550 $120,300 $128,050 San Francisco 30% Limits $38,400 $43,850 $49,350 $54,800 $59,200 $63,600 $68,000 $72,350 Very Low Income 50% $63,950 $73,100 $82,250 $91,350 $98,700 $106,000 $113,300 $120,600 60% Limits $76,740 $87,720 $98,700 $109,620 $118,440 $127,200 $135,960 $144,720 Low Income 80% $102,450 $117,100 $131,750 $146,350 $158,100 $169,800 $181,500 $193,200 San Joaquin 30% Limits $15,550 $17,800 $20,000 $22,200 $24,000 $25,800 $27,550 $29,350 Very Low Income 50% $25,900 $29,600 $33,300 $37,000 $40,000 $42,950 $45,900 $48,850 60% Limits $31,080 $35,520 $39,960 $44,400 $48,000 $51,540 $55,080 $58,620 Low Income 80% $41,450 $47,400 $53,300 $59,200 $63,950 $68,700 $73,450 $78,150 San Luis Obispo 30% Limits $20,550 $23,500 $26,450 $29,350 $31,700 $34,050 $36,400 $38,750 Very Low Income 50% $34,250 $39,150 $44,050 $48,900 $52,850 $56,750 $60,650 $64,550 60% Limits $41,100 $46,980 $52,860 $58,680 $63,420 $68,100 $72,780 $77,460 Low Income 80% $54,800 $62,600 $70,450 $78,250 $84,550 $90,800 $97,050 $103,300 San Mateo 30% Limits $38,400 $43,850 $49,350 $54,800 $59,200 $63,600 $68,000 $72,350 Very Low Income 50% $63,950 $73,100 $82,250 $91,350 $98,700 $106,000 $113,300 $120,600 60% Limits $76,740 $87,720 $98,700 $109,620 $118,440 $127,200 $135,960 $144,720 Low Income 80% $102,450 $117,100 $131,750 $146,350 $158,100 $169,800 $181,500 $193,200 Santa Barbara 30% Limits $26,250 $30,000 $33,750 $37,450 $40,450 $43,450 $46,450 $49,450 Very Low Income 50% $43,750 $50,000 $56,250 $62,450 $67,450 $72,450 $77,450 $82,450 60% Limits $52,500 $60,000 $67,500 $74,940 $80,940 $86,940 $92,940 $98,940 Low Income 80% $70,050 $80,050 $90,050 $100,050 $108,100 $116,100 $124,100 $132,100 Santa Clara 30% Limits $34,800 $39,800 $44,750 $49,700 $53,700 $57,700 $61,650 $65,650 Very Low Income 50% $58,000 $66,300 $74,600 $82,850 $89,500 $96,150 $102,750 $109,400 60% Limits $69,600 $79,560 $89,520 $99,420 $107,400 $115,380 $123,300 $131,280 Low Income 80% $82,450 $94,200 $106,000 $117,750 $127,200 $136,600 $146,050 $155,450 Santa Cruz 30% Limits $29,200 $33,400 $37,550 $41,700 $45,050 $48,400 $51,750 $55,050 Very Low Income 50% $48,650 $55,600 $62,550 $69,500 $75,100 $80,650 $86,200 $91,750 60% Limits $58,380 $66,720 $75,060 $83,400 $90,120 $96,780 $103,440 $110,100 Low Income 80% $78,050 $89,200 $100,350 $111,500 $120,450 $129,350 $138,300 $147,200 Shasta 30% Limits $14,950 $17,050 $19,200 $21,300 $23,050 $24,750 $26,450 $28,150 Very Low Income 50% $24,850 $28,400 $31,950 $35,500 $38,350 $41,200 $44,050 $46,900 60% Limits $29,820 $34,080 $38,340 $42,600 $46,020 $49,440 $52,860 $56,280 Low Income 80% $39,800 $45,450 $51,150 $56,800 $61,350 $65,900 $70,450 $75,000

County Income Category* 1 2 3 4 5 6 7 8
Number of Persons in Household
2021 State HOME Income Limits - Effective June 1, 2021
*Percentages may not be mathematically related to each other due to rounding Sierra 30% Limits $17,750 $20,300 $22,850 $25,350 $27,400 $29,450 $31,450 $33,500 Very Low Income 50% $29,600 $33,800 $38,050 $42,250 $45,650 $49,050 $52,400 $55,800 60% Limits $35,520 $40,560 $45,660 $50,700 $54,780 $58,860 $62,880 $66,960 Low Income 80% $47,350 $54,100 $60,850 $67,600 $73,050 $78,450 $83,850 $89,250 Siskiyou 30% Limits $14,650 $16,750 $18,850 $20,900 $22,600 $24,250 $25,950 $27,600 Very Low Income 50% $24,400 $27,900 $31,400 $34,850 $37,650 $40,450 $43,250 $46,050 60% Limits $29,280 $33,480 $37,680 $41,820 $45,180 $48,540 $51,900 $55,260 Low Income 80% $39,050 $44,600 $50,200 $55,750 $60,250 $64,700 $69,150 $73,600 Solano 30% Limits $20,450 $23,350 $26,250 $29,150 $31,500 $33,850 $36,150 $38,500 Very Low Income 50% $34,000 $38,850 $43,700 $48,550 $52,450 $56,350 $60,250 $64,100 60% Limits $40,800 $46,620 $52,440 $58,260 $62,940 $67,620 $72,300 $76,920 Low Income 80% $54,350 $62,100 $69,850 $77,600 $83,850 $90,050 $96,250 $102,450 Sonoma 30% Limits $24,450 $27,950 $31,450 $34,900 $37,700 $40,500 $43,300 $46,100 Very Low Income 50% $40,750 $46,550 $52,350 $58,150 $62,850 $67,500 $72,150 $76,800 60% Limits $48,900 $55,860 $62,820 $69,780 $75,420 $81,000 $86,580 $92,160 Low Income 80% $65,150 $74,450 $83,750 $93,050 $100,500 $107,950 $115,400 $122,850 Stanislaus 30% Limits $15,000 $17,150 $19,300 $21,400 $23,150 $24,850 $26,550 $28,250 Very Low Income 50% $25,000 $28,550 $32,100 $35,650 $38,550 $41,400 $44,250 $47,100 60% Limits $30,000 $34,260 $38,520 $42,780 $46,260 $49,680 $53,100 $56,520 Low Income 80% $39,950 $45,650 $51,350 $57,050 $61,650 $66,200 $70,750 $75,350 Sutter 30% Limits $14,650 $16,750 $18,850 $20,900 $22,600 $24,250 $25,950 $27,600 Very Low Income 50% $24,400 $27,900 $31,400 $34,850 $37,650 $40,450 $43,250 $46,050 60% Limits $29,280 $33,480 $37,680 $41,820 $45,180 $48,540 $51,900 $55,260 Low Income 80% $39,050 $44,600 $50,200 $55,750 $60,250 $64,700 $69,150 $73,600 Tehama 30% Limits $14,650 $16,750 $18,850 $20,900 $22,600 $24,250 $25,950 $27,600 Very Low Income 50% $24,400 $27,900 $31,400 $34,850 $37,650 $40,450 $43,250 $46,050 60% Limits $29,280 $33,480 $37,680 $41,820 $45,180 $48,540 $51,900 $55,260 Low Income 80% $39,050 $44,600 $50,200 $55,750 $60,250 $64,700 $69,150 $73,600 Trinity 30% Limits $14,650 $16,750 $18,850 $20,900 $22,600 $24,250 $25,950 $27,600 Very Low Income 50% $24,400 $27,900 $31,400 $34,850 $37,650 $40,450 $43,250 $46,050 60% Limits $29,280 $33,480 $37,680 $41,820 $45,180 $48,540 $51,900 $55,260 Low Income 80% $39,050 $44,600 $50,200 $55,750 $60,250 $64,700 $69,150 $73,600 Tulare 30% Limits $14,650 $16,750 $18,850 $20,900 $22,600 $24,250 $25,950 $27,600 Very Low Income 50% $24,400 $27,900 $31,400 $34,850 $37,650 $40,450 $43,250 $46,050 60% Limits $29,280 $33,480 $37,680 $41,820 $45,180 $48,540 $51,900 $55,260 Low Income 80% $39,050 $44,600 $50,200 $55,750 $60,250 $64,700 $69,150 $73,600 Tuolumne 30% Limits $15,650 $17,850 $20,100 $22,300 $24,100 $25,900 $27,700 $29,450 Very Low Income 50% $26,050 $29,800 $33,500 $37,200 $40,200 $43,200 $46,150 $49,150 60% Limits $31,260 $35,760 $40,200 $44,640 $48,240 $51,840 $55,380 $58,980 Low Income 80% $41,650 $47,600 $53,550 $59,500 $64,300 $69,050 $73,800 $78,550 Ventura 30% Limits $23,600 $26,950 $30,300 $33,650 $36,350 $39,050 $41,750 $44,450 Very Low Income 50% $39,250 $44,850 $50,450 $56,050 $60,550 $65,050 $69,550 $74,000 60% Limits $47,100 $53,820 $60,540 $67,260 $72,660 $78,060 $83,460 $88,800 Low Income 80% $62,800 $71,800 $80,750 $89,700 $96,900 $104,100 $111,250 $118,450 Yolo 30% Limits $18,650 $21,300 $23,950 $26,600 $28,750 $30,900 $33,000 $35,150 Very Low Income 50% $31,050 $35,450 $39,900 $44,300 $47,850 $51,400 $54,950 $58,500 60% Limits $37,260 $42,540 $47,880 $53,160 $57,420 $61,680 $65,940 $70,200 Low Income 80% $49,650 $56,750 $63,850 $70,900 $76,600 $82,250 $87,950 $93,600 Yuba 30% Limits $14,650 $16,750 $18,850 $20,900 $22,600 $24,250 $25,950 $27,600 Very Low Income 50% $24,400 $27,900 $31,400 $34,850 $37,650 $40,450 $43,250 $46,050 60% Limits $29,280 $33,480 $37,680 $41,820 $45,180 $48,540 $51,900 $55,260 Low Income 80% $39,050 $44,600 $50,200 $55,750 $60,250 $64,700 $69,150 $73,600 https://www.huduser.gov/portal/datasets/home-datasets/files/HOME_AllLimits_2021.xlsx 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).

RESOLUTION NO. 2022-__

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 December 1, 2021, the Department issued a Notice of Funding Availability announcing the availability of funds under the HOME program (the “NOFA”).

C. In response to the December 2021 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 December 2021 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 Seven Hundred Thousand Dollars ($700,000) for the following activities and/or programs:

First-Time Homebuyer (FTHB) Program $638,138
Activity Delivery – FTHB Program $ 44,362
General Administration $ 17,500
Total $700,000
All activities listed above will be implemented 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 may also execute a Standard Agreement, any amendments thereto, and any and all other documents or Attachment 3

instruments necessary or required by the Department or HUD for participation in the HOME program (collectively, the required documents).

3. The Applicant authorizes Sage Sangiacomo, City Manager or Shannon Riley, Deputy City Manager or Craig Schlatter, Community Development Director or their designee(s) to execute, in the name of the Applicant, the required documents.

PASSED AND ADOPTED this 16th day of February, 2022, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
________________________
Jim O. Brown, 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

Agenda Item No: 7.e.

MEETING DATE/TIME: 2/16/2022
ITEM NO: 2022-1313

AGENDA SUMMARY REPORT
SUBJECT: Adoption of Resolution of the City Council Reconsidering the Circumstances of the State of Emergency and Implementing Teleconferencing Requirements for City Council and Board and Commission Meetings During a Proclaimed State of Emergency Due to the COVID-19 Pandemic.

DEPARTMENT: City Attorney PREPARED BY: Darcy Vaughn, Assistant City Attorney PRESENTER: Consent Calendar
ATTACHMENTS:

1. AB 361 Findings Reconsideration for All Legislative Bodies 2 16 22 Summary: The City Council will consider adopting a resolution reconsidering the circumstances of the state of emergency and implementing teleconferencing requirements for public meetings of the Council and all City Commissions and Boards during the current state of emergency due to the COVID-19 pandemic.

Background: The City Council is being asked to consider adopting a resolution authorizing continued remote meetings of the Council and its subordinate legislative bodies due to the imminent risk to the health and safety of attendees due to possible transmission of COVID-19 and the recent spread of variants. The current County health orders require masking in all indoor facilities due to health and safety concerns. The Delta variant is highly transmissible in indoor settings and requires multi-component prevention strategies to reduce its spread. The California Department of Public Health is currently investigating the length of vaccine protection.

The Center for Disease Control and Prevention recommends avoiding indoor spaces that do not offer fresh air from the outdoors as much as possible. Returning to meeting in the Council Chambers or smaller conference rooms means being in an enclosed space for meetings that commonly last for one to five hours and would seem to create additional exposure for participants to a possible transmission of the virus.

The Ralph M. Brown Act (“Brown Act”) requires that all meetings of a legislative body of a local agency be open and public and that any person may attend and participate in such meetings. The Brown Act allows for legislative bodies to hold meetings by teleconference, but imposes specific requirements for doing so, including allowing public access to that location. On March 17, 2020, in order to address the need for public meetings during the COVID-19 pandemic, Governor Newsom issued Executive Order No. N-29-20, temporarily suspending the Brown Act’s teleconferencing requirements, Executive Order No. N-8-2 then continued the suspension of the Brown Act’s teleconferencing requirements from June 11, 2021 through September 30, 2021. These Executive Orders allowed legislative bodies to meet virtually as long as certain notice and accessibility requirements were met.

The State Legislature amended the Brown Act through Assembly Bill No. 361 (“AB 361”) on September 16, 2021. As with the Executive Orders, AB 361 requires that certain notice and accessibility requirements continue to be met for holding virtual public meetings. In addition, AB 361 states that a local agency may use teleconferencing without complying with the regular teleconferencing requirements of the Brown Act, where the legislative body holds a meeting during a proclaimed state of emergency and makes certain findings; and requires that the legislative body make additional findings every 30 days in order to continue such teleconferencing.

As such, staff recommends that the Council reconsider the circumstances of the state of emergency, and make findings regarding the state of emergency by adopting the Resolution Implementing Teleconferencing

Requirements for City Council and Board and Commission Meetings During a Proclaimed State of Emergency Due to the COVID-19 Pandemic (“Resolution”) attached here as Attachment 1.

Discussion: AB 361, codified in part in Government Code § 54953, allows a local agency legislative body to hold a public meeting utilizing teleconferencing without giving public access to a teleconference location but allowing public comment virtually if the Governor has proclaimed a State of Emergency and any of the following circumstances also apply:

1. State or local officials have imposed or recommended measures to promote social distancing.

2. The meeting is being held for the purposes of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.

3. The legislative body has determined that as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.

As amended by AB 361, Government Code § 54953(e)(3) requires cities that are conducting public meetings via teleconferencing during a declared State of Emergency to make findings, within 30 days of the first virtual meeting after AB361 going into effect, and every 30 days thereafter, that the legislative body has reconsidered the circumstances of the state of emergency and either 1) the emergency continues to impact the ability to meet safely in person, and/or 2) State or local officials continue to impose or recommend social distancing.

Council adopted these findings at their January 19, 2022 meeting. The Council must now adopt, via this Resolution (Attachment 1), the findings that confirm the circumstances of the state of emergency and justify holding public meetings of the Council and all subordinate commissions, boards, and committees utilizing teleconferencing and allowing public comment virtually, pursuant to Government Code § 54953(e)(3).

Recommended Action: Adopt a Resolution of the City Council Reconsidering the Circumstances of the State of Emergency and Implementing Teleconferencing Requirements for City Council and Board and Commission Meetings during a Proclaimed State of Emergency Due to the COVID-19 Pandemic.

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: City Clerk

1 RESOLUTION NO. 2022-XX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH IMPLEMENTING

TELECONFERENCING REQUIREMENTS FOR CITY COUNCIL AND BOARD AND

COMMISSION MEETINGS DURING A PROCLAIMED STATE OF EMERGENCY DUE TO THE COVID-19 PANDEMIC
WHEREAS:

1. The City of Ukiah is committed to preserving and nurturing public access and participation in meetings of the City Council and its Boards and Commissions; and

2. All meetings of City’s legislative bodies are open and public, as required by the Ralph M.

Brown Act, so that any member of the public may attend, participate, and watch the City’s legislative bodies conduct their business;

3. The Brown Act allows for legislative bodies to hold meetings by teleconference, but imposes specific requirements for doing so; and

4. On March 17, 2020, in order to address the need for public meetings during the present public health emergency, i.e. the COVID-19 Pandemic, Governor Newsom issued Executive Order No. N-29-20, suspending the Act’s teleconferencing requirements; and

5. On June 11, 2021, Governor Newsom issued Executive Order No. N-8-21, continuing the suspension of the Brown Act’s teleconferencing requirements through September 30, 2021; and

6. The State Legislature amended the Brown Act through Assembly Bill No. 361 (AB 361) on September 16, 2021; and

7. AB 361, codified in part at Government Code section 54953(e), makes provisions for remote teleconferencing participation in meetings by members of a legislative body, without compliance with the requirements of Government Code section 54953(b)(3), subject to the existence of certain conditions; and

8. Such conditions now exist in the City, specifically, the Governor has proclaimed a state of emergency exists for the state of California due to the conditions caused by the COVID-19 pandemic and the impact on the health and safety of its residents; and

9. The Delta variant is highly transmissible in indoor spaces, the California Department of Public Health is currently investigating how long vaccine protection lasts, and the Center for Disease Control and Prevention recommends avoiding indoor spaces that do not offer fresh air from the outdoors;

10. Current County health orders impose or measures to promote social distancing due to health and safety concerns; and

2 11. In accordance with Assembly Bill 361, the City Council does hereby find that as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees and the Council desires to authorize continued remote teleconferenced meetings of its legislative bodies; and

12. As a consequence of the local emergency, the City Council does hereby find that the legislative bodies of the City shall conduct their meetings without compliance with Government Code § 54953(b)(3), as authorized by § 54953(e), and that such legislative bodies shall comply with the requirements to provide the public with access to the meetings as prescribed in § 54953(e)(2); and

13. The City has taken measures to conduct public meetings via virtual tools that allow members of its legislative bodies and members of the public to join and participate in meetings remotely and provide public testimony in the virtual environment and via teleconference.

NOW, THEREFORE, the City Council for the City of Ukiah hereby finds, determines, declares, orders, and resolves as follows:

1. That the foregoing recitals are true and correct and incorporates them by this reference; and

2. The Governor of the State of California issued a Proclamation of State of Emergency, which remains in effect; and

3. County of Mendocino officials have imposed or recommended measures to promote social distancing; and

4. Meeting in person would present imminent risk to the health or safety of attendees; and

5. The City Council of the City of Ukiah has reconsidered the circumstances of the State of Emergency, and finds that:
a. The factors triggering the State of Emergency continue to directly impact the ability of the members of the legislative bodies of the City of Ukiah, their staff, and members of the public to meet safely in person; and
b. State and County officials continue to impose or recommend measures to promote social distancing.

6. The City Manager or his designee and the legislative bodies of the City of Ukiah are authorized to take all steps and perform all actions necessary to execute and implement this Resolution in compliance with Government Code § 54953; and

7. This Resolution shall take effect immediately upon its adoption and shall be effective until the earlier of (i) March 18, 2022, or (ii) such time the City Council adopts a subsequent resolution in accordance with Government Code section 54953(e)(3) to extend the time during which the legislative bodies of the City may continue to teleconference without compliance with paragraph (3) of subdivision (b) of § 54953(b)(3).

PASSED AND ADOPTED this 16th day of February, 2022, by the following roll call vote:

3 AYES:

NOES:

ABSENT:

ABSTAIN:

Jim O. Brown, Mayor
ATTEST:

Kristine Lawler, City Clerk

Agenda Item No: 7.f.

MEETING DATE/TIME: 2/16/2022
ITEM NO: 2022-1315

AGENDA SUMMARY REPORT
SUBJECT: Possible Adoption of Ordinance Restricting the Retail Sale of Nitrous Oxide.

DEPARTMENT: City Attorney PREPARED BY: Darcy Vaughn, Assistant City Attorney PRESENTER: Darcy Vaughn, Assistant City Attorney
ATTACHMENTS:

1. Nitrous Oxide Sales Ordinance Introduced
Summary: The City Council will discuss and consider adopting an Ordinance restricting the retail sale of nitrous oxide canisters in the City.

Background: At the September 1, 2021 regular meeting, Council heard a presentation from the Ukiah Valley Youth Leadership Coalition, a program of the Redwood Community Services’ Arbor program, on the health and safety hazards posed by recreational use of nitrous oxide, and in particular the hazards posed to youth by nitrous oxide use. The Coalition proposed that Council consider banning retail sales of nitrous oxide canisters in the City limits.Council instructed staff to consider the proposed ban and to report back on the possible legal ramifications of adopting an ordinance that would prohibit retail sales of nitrous oxide canisters in the City limits.

At the October 20, 2021 regular meeting, Council directed the City Attorney's office to draft an ordinance that prohibits retail sales of nitrous oxide canisters at businesses operating under a tobacco retailer's license. The Council also stated that the enforcement mechanism in the ordinance should be civil/administrative, with one of the enforcement methods being suspension of a non-compliant business's tobacco retailer's license. The City Attorney's office has now drafted an ordinance that reflects Council's direction.

At the February 2, 2022 regular meeting, the Council voted unanimously to introduce by title only the Ordinance Restricting the Retail Sale of Nitrous Oxide.

Discussion: The Nitrous Oxide Ordinance, attached here as Attachment 1, prohibits the sale of nitrous oxide by tobacco retailers in the City. The Ordinance carves out exceptions for legal sale, possession, and use of nitrous oxide as set forth in the California Penal Code. In order to streamline enforcement, the Ordinance refers to and incorporates the existing civil enforcement mechanism for violations of the City Code provisions regarding tobacco retailer license requirements. The Ordinance imposes a civil penalty of a one thousand dollar fine for noncompliant businesses that continue to sell nitrous oxide. Any business receiving notice of the fine may request a hearing to appeal the imposition of the fine. In addition, the Ordinance authorizes suspension or revocation of a non-compliant business's tobacco retailer's license. As with imposition of the fine, a non-compliant business may request a hearing to appeal suspension or revocation of their tobacco retailer's license.

The current version of the Ordinance Restricting the Retail Sale of Nitrous Oxide reflects a wide array of community, City staff, and Council input. The Ordinance is now ready for consideration for adoption and will go into effect thirty (30) days after adoption.

Recommended Action: Adopt the Ordinance Restricting the Retail Sale of Nitrous Oxide.

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 Rodin

1 ORDINANCE NO.

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH
ADDING ARTICLE 7.1 TO DIVISION 2, CHAPTER 2 OF THE CITY CODE TO RESTRICT RETAIL SALES OF NITROUS OXIDE.

The City Council of the City of Ukiah hereby ordains as follows:

SECTION ONE. FINDINGS

1. The misuse of nitrous oxide causes death and disease and continues to be an urgent public health challenge.

2. Medical authorities have linked the recreational use of nitrous oxide to serious health problems, which can cause physical illness, mental illness, injury, and/or even death.

3. Restricting the sales and distribution of nitrous oxide in the City of Ukiah will reduce the number of persons in possession and who use nitrous oxide as an intoxicating drug and will promote public health, safety and welfare.

4. The recreational use of nitrous oxide continues to gain popularity at an alarming rate, especially among college aged, high school aged, and middle school aged children.

5. Nitrous oxide has legitimate purposes, including its use for medical and dental procedures, in cooking and cake decorating, and is commonly known to boost performance in automobiles. However, nitrous oxide has found its way to illegitimate purposes as an intoxicating drug.

6. The City of Ukiah exercises its local police powers to protect the health, safety, and welfare of all its citizens and takes nitrous oxide abuse seriously.

SECTION TWO.

Article 7.1 is hereby added to Division 2, Chapter 2, Article 11 of the Ukiah City Code and shall read as follows:

ARTICLE 7.1. NITROUS OXIDE
§2370 DEFINITIONS
The following words and phrases, whenever used in this article, shall have the meanings provided in this section unless the context clearly requires otherwise:

DEVICE: Any cartridge, compressed gas cylinder, apparatus, container, or other object used to contain or dispense or administer nitrous oxide.

2 NITROUS OXIDE: A colorless, nonflammable gas (N20) sometimes used in aerosols and sometimes used as an anesthetic, which, when inhaled, produces loss of sensibility to pain, oftentimes preceded by exhilaration and laughter and used often as an anesthetic in dentistry. Nitrous oxide is also known as “laughing gas.” PERSON: Any individual or entity howsoever organized or constituted.

TOBACCO RETAILER: Any person who sells, offers for sale, or does or offers to exchange for any form of consideration, tobacco or tobacco products. “Tobacco retailing” shall mean the doing of any of these things. This definition is without regard to the quantity of tobacco or tobacco products sold, offered for sale, exchanged, or offered for exchange.
§2371 SALE OR DISTRIBUTION OF NITROUS OXIDE
It shall be unlawful for any tobacco retailer in the City to attempt to sell, offer, distribute, or otherwise provide to any person Nitrous Oxide or a Device. §2372 EXCEPTIONS
Prohibitions in this chapter shall not apply to any person or retailer that possesses or distributes Nitrous Oxide under an express exemption pursuant to Penal Code § 381b-e. §2373 ENFORCEMENT
Any violation of this Article may be subject to a civil penalty of one thousand dollars.

Notice of the violation and fine will be given in accordance with Section 2358.A of this Code. Any person wishing to appeal the imposition of the civil penalty may file a request for a hearing pursuant to Section 2360 of this Code. If no request for a hearing is timely received, the determination of the City Manager or the duly authorized designee of the City Manager on the violation and the imposition of a fine shall be final and payment shall be made within thirty (30) days after notice of the fine was served.

In addition to any other penalty authorized by law, a tobacco retailer’s license issued pursuant to Article 7 of this Chapter may be suspended or revoked if the City Manager or the duly authorized designee of the City Manager determines that the person or his or her agents or employees have violated this Article. In the event that a tobacco retailer’s license is suspended or revoked for violation of this Article, the requirements of Section 2358.A and Section 2360 of this Code shall apply.

SECTION THREE.

1. Publication: Within fifteen (15) days after its adoption, this Ordinance shall be published once in a newspaper of general circulation in the City of Ukiah. In lieu of publishing the full text of the Ordinance, the City may publish a summary of the Ordinance once 5 days prior to its adoption and again within fifteen (15) days after its adoption.

3 3. Effective Date: The ordinance shall become effective thirty (30) days after its adoption.

Introduced by title only on February 2, 2022, by the following roll call vote:

AYES: Councilmembers Dueñas, Crane, Orozco, Rodin, and Mayor Brown NOES: None
ABSENT: None
ABSTAIN: None
Adopted on ___________, 2022, by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_______________
Jim O. Brown, Mayor
ATTEST:
_______
Kristine Lawler, City Clerk

Agenda Item No: 7.g.

MEETING DATE/TIME: 2/16/2022
ITEM NO: 2022-1335

AGENDA SUMMARY REPORT
SUBJECT: Award Purchase to Steven Engineering, for a Vibration Monitoring System for Pumps and Motors for the Waste Water Treatment Plant, in the Amount of $33,312.31.

DEPARTMENT: Water Resources PREPARED BY: Mary Williamson, Buyer II PRESENTER: Sean White, Water Resources Director.

ATTACHMENTS:

1. Quote Steven Eng

2. Bid Tab - E38933
Summary: Council will consider awarding the purchase to Steven Engineering, for a Vibration Monitoring System for Pumps and Motors for the Waste Water Treatment Plant, in the Amount of $33,312.31.

Background: Pumps and electric motors generate vibrations as part of normal operations. Each device, when running properly, has a specific vibration frequency. A change in frequency is often a good early indicator that the device is in need of maintenance. Early detection of these changes has been shown to be very effective at avoiding catastrophic failure and associated repair costs.

Discussion: A preliminary site visit at the Waste Water Treatment Plant (WWTP) was conducted with Steven Engineering in October of 2020 to assess the requirements for this Vibration Monitoring System and conduct a study of the signal quality and strength throughout the WWTP. Steven Engineering submitted a quote at that time that is set to expire in March of 2022. See Attachment 1. After determining that this system would be appropriate for our needs, Staff then sent out a request for bid to five (5) other companies capable of supplying this equipment. Bids were opened on February 8, 2022, with two additional bids being received. A bid tab is attached for review. See Attachment 2. Based on the bids received, it is Staff's recommendation to award this purchase to Steven Engineering in the amount of $33,312.31. The available budget for this project is $30,000. The difference in actual cost will be covered with an internal budget transfer.

Recommended Action: Award Purchase to Steven Engineering, for a Vibration Monitoring System for Pumps and Motors for the Waste Water Treatment Plant, in the Amount of $33,312.31.

BUDGET AMENDMENT REQUIRED: No
CURRENT BUDGET AMOUNT: 84027225.80100.18245: $30,000
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: Sewer Fund
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH:

ATTACHMENT 1

ATTACHMENT 1

Bid Tab - Vibration Monitor - E38933 - 2/8/2022
Description QTY Stevens Eng Electric Motor Shop Wille Electric Supply VIBRATION MONITOR KIT 0.00 0.00 0.00
Solutionskit-Vibe 2 2,186.67 4373.34 2,469.94 4939.88 2259.15 4,518.30 816253 Cloud Service - Banner 1 Year 1 1280.00 1280.00 1599.96 1599.96 1463.43 1463.43 BWC-1MESFRSB1 Cable Antenna 1 32.61 32.61 36.40 36.40 30.74 30.74 BWC-LFNBMN-DC SURGE SUPPRESSOR 1 206.27 206.27 251.99 251.99 230.49 230.49 BWC-4MNFN15 CABLE ANTENNA 1 160.53 160.53 177.33 177.33 162.20 162.20 BWC-4MNFN30 CABLE ANTENNA 1 305.20 305.20 339.86 339.86 309.03 309.03 BWA-906-AS ANTENNA OMNI 1 123.20 123.20 163.33 163.33 149.40 149.40 DX80N9X-1S-P6 DX80 PERF 43 390.00 16770.00 448.92 19303.65 410.61 17656.23 QM30VT1 SENSOR 43 170.83 7345.69 181.60 7808.63 179.94 7737.42 30596.84 34621.02 32257.24
Plus Sales Tax @ 8.875% 2715.47 3072.62 2862.83
TOTAL $33,312.31 $37,693.63 $35,120.06
ATTACHMENT 2

Agenda Item No: 7.h.

MEETING DATE/TIME: 2/16/2022
ITEM NO: 2022-1337

AGENDA SUMMARY REPORT
SUBJECT: Notification of the Purchase of Axon Fleet 2 Car Camera Five-Year Service Agreement in the Amount of $63,912.61.

DEPARTMENT: Police PREPARED BY: Noble Waidelich, Chief
PRESENTER: Noble Waidelich, Chief of Police
ATTACHMENTS:

1. Axon Quote

2. Axon Receipt

3. Axon Packing Slip
Summary: Council will receive a notification of the purchase on an Axon Fleet 2 Car system five service agreement in the total amount of $63,912.61, which includes hardware, support and cloud-based storage.

Background: The department has been in the process of replacing outdated vehicle cameras with the Axon Fleet 2 Car Camera system to ensure that all police patrol vehicles have a functionally operating vehicle mounted camera. Axon products have been used by the department for a number of years and is the current provider of the department's body-worn camera platform. Axon continues to be an industry leader in product functionality and reliability. Axon provides both support and cloud-based storage for video data generated by these cameras as part of their bundle. The Axon car mounted camera system seamlessly integrates with both the body cameras and cloud-based storage and web access to the data.

Discussion: The video and audio evidence captured by both body-worn and car camera systems is arguably some of the most important evidence officers can collect in modern policing. Video evidence from officers and their patrol vehicles leads to better prosecution and conviction rates, increased transparency, reduced liability or suspicion of wrong doing and aids us in review of our practices.

For a number of years, the department has maintained and used Axon body-worn cameras, which were found to be a superior product to our former body-worn camera system, and, by our evaluation, are an industry standard for many agencies. Until recently, the department has operated a failing, outdated and unsupported car camera system as we have transitioned to a better car camera system. Based on our success with Axon camera products and the ability to integrate these systems, staff previously determined that the Axon car camera system would be the most appropriate system to proceed with and began budgeting for it. (See Attachment #1)
The ability to maintain a single integrated camera platform of both car and body-worn cameras greatly improves our ability to ensure that all activities occurring are being adequately recorded and that those recordings can be later accessed, reviewed and saved in a secure manner. Because the Axon camera platforms integrate with other Axon products, it allows us to sync both the body-worn and car camera systems, which is extremely beneficial when trying to determine the course of events after the fact. The functionality of the Axon camera products allows us to set other key parameters, such as camera activation with the activation of emergency lights, or activation of other Axon cameras in range, furthering our ability to capture key video and audio evidence. It should be noted that police staff, believing the proper notification to Council had been followed regarding the procurement of these car-mounted cameras during the budgeting process, moved forward with their acquisition independently without Council approval, and are now in receipt of 6 Axon

Fleet 2 cameras. (Attachment #2 and #3). While our staff believes the need for this product is clear as approved during the budgeting process, we apologize for our misunderstanding of the process.

Recommended Action: Notification of purchase of Axon Fleet 2 Car Camera Five-Year Service Agreement in the amount of $63,912.61.

BUDGET AMENDMENT REQUIRED: No
CURRENT BUDGET AMOUNT: 10020210.54330.18258: $85,000
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: General Fund
PREVIOUS CONTRACT/PURCHASE ORDER NO.:

COORDINATED WITH: Mary Horger, Financial Services Manager; Andrew Phillips, Lieutenant

Agenda Item No: 7.i.

MEETING DATE/TIME: 2/16/2022
ITEM NO: 2022-1340

AGENDA SUMMARY REPORT
SUBJECT: Adoption of a Resolution of Notice of Intent to Comply with Regulatory Requirements of Senate Bill 1383, Short-Lived Climate Pollutants: Organic Waste Reductions, and Authorize the Submittal of Intent to Comply to CalRecycle.

DEPARTMENT: Public Works PREPARED BY: Seth Strader, Buyer I PRESENTER: Tim Eriksen, Director of Public Works
ATTACHMENTS:

1. NOI to Comply Resolution

2. NOI to Comply Application (Exhibit A to Resolution)
Summary: Council will consider adoption of a resolution for submittal of a Notice of Intent to comply with regulatory Requirements of SB 1383, Short-Lived Climate Pollutants: Organic Waste Reductions, and authorization of the submittal of the Intent to Comply to CalRecycle.

Background: In 2016, Senate Bill 1383, Short-Lived Climate Pollutants: Organic Waste Reductions was passed. This bill looks to reduce California’s emissions of methane gas. Methane gas produced from organic waste breakdown in landfills is the third largest source of the gas’s production in the state. SB 1383 requires a statewide reduction of the disposal of organic waste from 2014 levels by 2020 and a 75% reduction from 2014 levels by 2025. The policies and procedures required by SB 1383 represent the largest change to waste management guidelines in decades.

CalRecycle acts as the regulatory authority for this law and has adopted regulations requiring local jurisdictions such as the City to enact and enforce the necessary policies and procedures to meet the statewide organic waste disposal reduction goals. The City has begun exploring and discussing the implementation of these policies and procedures but they have not yet been completed.

Discussion: The requirements of SB 1383 were initially meant to be enacted and enforceable by January 1, 2022. Due to the majority of jurisdictions having not met the requirements of SB 1383, an extension, SB 619 was passed and local jurisdictions now have until January 1, 2023, to become compliant with SB 1383 or face penalties and fees.

In order to proceed with the submittal of the Intent to Comply, the City Council must adopt a resolution pursuant to Government Code §18981.2. The proposed resolution is included as Attachment 1.

In order to avoid fines and realize grant funding, the City must submit and receive approval of an Intent to Comply from CalRecycle. This Notice of Intent to Comply (NOIC) must be submitted before March 1, 2022. See Attachment 2 for the Notice of Intent to Comply.

Staff is also preparing an Ordinance that is required by SB 1383. This Ordinance will make the City fully compliant with SB 1383. This Ordinance will be on a future Council Agenda.

Recommended Action: Adopt proposed resolution of Notice of Intent to Comply with Regulatory Requirements of Senate Bill 1383, Short-Lived Climate Pollutants: Organic Waste Reductions, and Authorize the Submittal of Intent to Comply to CalRecycle.

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: Tim Eriksen, Director of Public Works and Jason Benson, Senior Engineer

RESOLUTION 2022-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ADOPTING THE

NOTICE OF INTENT TO COMPLY WITH REGULATORY REQUIREMENTS OF SB 1383, SHORT-LIVED CLIMATE POLLUTANTS: ORGANIC WASTE REDUCTIONS

AND AUTHORIZING THE SUBMITTAL OF INTENT TO COMPLY TO CALRECYCLE WHEREAS: CalRecycle, in consultation with the California Air Resources Board, has adopted regulatory requirements (Regulations), consistent with the mandate of Senate Bill 1383 (Lara, 2016), that are designed to achieve the organic waste reduction goals established in Section 39730.6 of the Health and Safety Code through a 50 percent reduction in the level of the statewide disposal of organic waste from the 2014 level by 2020 and a 75 percent reduction in the level of the statewide disposal of organic waste from the 2014 level by 2025; and
WHEREAS: The City of Ukiah is a local jurisdiction required to comply with the Regulations; and
WHEREAS: The City of Ukiah is or expects to be facing continuing violations of the Regulations commencing during the 2022 calendar year; and WHEREAS: Senate Bill 619 (Laird, 2021), through amendments to Section 42652.5 of the Public Resources Code (Statute), created a mechanism called a Notification of Intent to Comply through which a local jurisdiction may secure administrative civil penalty relief from any continuing violations of the Regulations for the 2022 calendar year and may be eligible for a broader and longer-term regulatory compliance path, including suspended administrative civil penalties, through a corrective action plan.

WHEREAS: The City of Ukiah is a local jurisdiction authorized by the Statute to submit a Notification of Intent to Comply for CalRecycle approval; WHEREAS: CalRecycle shall approve a Notification of Intent to Comply that is duly adopted by the jurisdiction by formal written resolution and meets the requirements of the Statute;
NOW, THEREFORE BE IT RESOLVED THAT the City Council of the City of Ukiah hereby:

Adopts the Notification of Intent to Comply attached as Exhibit “A.” Authorizes and directs Director of Public Works, on the behalf of the City of Ukiah, to submit the Notification of Intent to Comply attached as Exhibit “A” to CalRecycle for approval pursuant to the Statute; and
By submitting the Notification of Intent to Comply pursuant to and subject to the above referenced requirements, the City of Ukiah represents and certifies that it will implement ATTACHMENT 1

RESOLUTION 2022-

the proposed actions to remedy the violations according to the proposed schedule as approved by CalRecycle and in accordance with the Statute and Regulations; and The City of Ukiah also acknowledges and agrees to comply with any maximum compliance deadline in any corrective action plan that CalRecycle, in its sole discretion, determines to be necessary and appropriate under the circumstances for the correction of any violation(s) of the Statute and Regulations identified in its Notification of Intent to Comply; and
Directs the Department of Public Works to continue efforts to work with other City Departments to implement the requirements of the Regulations including, but not limited to, adoption of an enforceable ordinance.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Ukiah this 16th day of February, 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Jim O. Brown, Mayor
ATTEST:

Kristine Lawler, City Clerk

Notification of Intent to Comply
CalRecycle is providing this optional form as a convenience to assist jurisdictions (counties, cities, a county and city, or special districts providing solid waste collection services) for purposes of submitting a notification of intent to comply to CalRecycle [see Public Resources Code (PRC) section 42652.5(c)].

A jurisdiction may submit a notification of intent to comply if it is facing continuing violations of the Short-lived Climate Pollutants: Organic Waste Reductions requirements in Title 14 California Code of Regulations (14 CCR). The written notification of intent to comply, adopted by resolution of the jurisdiction’s governing body, shall be sent to CalRecycle no later than March 1, 2022, to [email protected].

A jurisdiction shall, at minimum, include the following in its notification:

1. A description, with specificity, of the continuing violations.

2. A detailed explanation of the reasons, supported by documentation, why the local jurisdiction is unable to comply.

3. A description of the impacts of the COVID-19 pandemic on compliance.

4. A description of the proposed actions the local jurisdiction will take to remedy the violations within the timelines established in 14 CCR section 18996.2 with a proposed schedule for doing so. The proposed actions shall be tailored to remedy the violations in a timely manner.

Upon approval by CalRecycle of a jurisdiction’s notification and implementation of the intent to comply, a jurisdiction may be eligible for both of the following:

1. Administrative civil penalty relief for the 2022 calendar year pursuant to PRC section 42652.5(d).

2. A corrective action plan pursuant to 14 CCR section 18996.2. a. CalRecycle may address through a corrective action plan any violations disclosed in a jurisdiction’s notification that will take more than 180 days to correct. In this situation, the proposed actions and schedule in the jurisdiction’s approved notification will be in effect until a corrective action plan is issued.

CalRecycle will respond in writing to a jurisdiction within 45 business days of receiving its notification with an approval, disapproval, request for additional information, or timeline for a decision on approval or disapproval. CalRecycle will include details about why a jurisdiction did not meet the requirements for a Notification of Intent to Comply when disapproving the jurisdiction’s notification.

ATTACHMENT 2

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Please clearly print or type responses. Attach additional pages as necessary.

Jurisdiction Name: County:

Person Completing the Form:

First Name: Last Name:

Title:

Mailing Address:

City: Zip Code:

Email Address:

Phone Number:

1. Select using the check boxes below or write in the continuing violations for each applicable regulatory section. For each selection, please describe the specific violations related to the regulatory section.

Example:
☒ (B) 14 CCR section 18984.1 Three-Container Organic Waste Collection Services i. Not implementing mandatory residential foodwaste collection for all residents. Note:

City already provides mandatory greenwaste collection to all residents ii. Not implementing mandatory commercial organics collection for all businesses under 2 cubic yards. Note: City already provides mandatory commercial organics collection to all businesses 2 cubic yard or more.

Disclaimer: The list of possible continuing violations below is not inclusive of all potential violations of the regulations.
(A) 14 CCR section 18984 Combined Organic Waste Collection Services. This requirement is not included since the requirements are further specified in sections 18984.1-18984.11. (B) 14 CCR section 18984.1 Three-Container Organic Waste Collection Services (C) 14 CCR section 18984.2 Two-Container Organic Waste Collection Services (D) 14 CCR section 18984.3 Unsegregated Single Container Collection Services (E) 14 CCR section 18984.4 Recordkeeping Requirements for Compliance with Organic Waste Collection Services
(F) 14 CCR section 18984.5 Container Contamination Minimization (G) 14 CCR section 18984.6 Recordkeeping Requirements for Container Contamination Minimization
(H) 14 CCR section 18984.7 Container Color Requirements (I) 14 CCR section 18984.8 Container Labeling Requirements (J) 14 CCR section 18984.11 Waivers Granted by a Jurisdiction (K) 14 CCR section 18985.1. Organic Waste Recovery Education and Outreach. (L) 14 CCR section 18985.2. Edible Food Recovery Education and Outreach (M) 14 CCR section 18985.3. Recordkeeping Requirements for a Jurisdiction’s Compliance with Education and Outreach Requirements
(N) 14 CCR section 18988.1. Jurisdiction Approval of Haulers and Self-Haulers (O) 14 CCR section 18988.3. Self-haulers of Organic Waste (P) 14 CCR section 18988.4. Recordkeeping Requirements for Compliance with Jurisdiction Hauler Program
(Q) 14 CCR section 18989.1. CALGreen Building Codes
(R) 14 CCR section 18989.2 Model Water Efficient Landscape Ordinance

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□
□
□
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□
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□
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(S) 14 CCR section 18991.1. Jurisdiction Edible Food Recovery Program (T) 14 CCR section 18991.2. Recordkeeping Requirements for Jurisdiction Edible Food Recovery Program
(U) 14 CCR section 18992.1. Organic Waste Recycling Capacity Planning (V) 14 CCR section 18992.2. Edible Food Recovery Capacity (W) 14 CCR section 18993.1. Recovered Organic Waste Product Procurement Target (X) 14 CCR section 18993.2. Recordkeeping Requirements for Recovered Organic Waste Procurement Target
(Y) 14 CCR section 18993.3. Recycled Content Paper Procurement Requirements (Z) 14 CCR section 18993.4. Recordkeeping Requirements for Recycled Content Paper Procurement
(AA) 14 CCR section 18994.2. Jurisdiction Annual Reporting Note: This requirement is not included since jurisdictions are still expected to report to CalRecycle.
(BB) 14 CCR section 18995.1. Jurisdiction Inspection Requirements Note: Section 18995.1(a)(1) should not be included because a jurisdiction should already be completing this action due to the requirements of PRC Chapter 12.9 (commencing with Section 42649.8)
(CC) 14 CCR section 18995.2. Implementation Record and Recordkeeping Requirements (DD) 14 CCR section 18995.3. Jurisdiction Investigation of Complaints of Alleged Violations Note: This requirement is not included since jurisdictions are still expected to investigate complaints.
(EE) 14 CCR section 18995.4. Enforcement by a Jurisdiction Use the check box(es) below to write in the continuing violations for any regulatory section(s) not reflected above and describe the specific violations related to the regulatory section.

Example:
☒ (1) (Type regulatory section number) (Type regulatory section title) i. Describe the specific violations related to the regulatory section (1)
(2)
(3)
(4)
(5)

------------------------------ ------------------------------ ------------------------------ ----------------------------

2. A detailed explanation of the reasons why the jurisdiction is unable to comply, supported by documentation, if applicable.

3. A description of the impacts of the COVID-19 pandemic on compliance.

4. Provide a description of the proposed actions the jurisdiction will take to remedy the violations with a proposed schedule for completing each action. The proposed actions shall be tailored to remedy the violations in a timely manner. See optional format below.

I hereby certify under penalty of perjury that the information provided herein is true and correct to the best of my knowledge.

Signature Printed Name Title Date

300 Seminary Avenue • Ukiah • CA • 95482-5400
Phone: (707) 463-6233 · Fax: (707) 313-3621 · www.cityofukiah.com City of Ukiah Senate Bill 1383 Short-Lived Climate Pollutants: Organic Waste Reductions Compliance Plan
Perform mandatory collection services monitoring. (14 CCR § 18981.2) Planned date of compliance January 1, 2023.

1. Offer de minimis, physical space, and collection frequency waivers. (§18984.11)

2. Work with County for capacity planning. (§18992.1)

3. Provide education and outreach. (§18985.1)

4. Annually conduct compliance reviews for commercial businesses that generate 2 or more cubic yds solid waste per week and monitor container contamination with route reviews or waste evaluations for all generators. (§18984.5, §18995.1)
Edible food recovery program (14 CCR § 18991.1) Planned date of compliance January 1, 2023.

1. Identity Tier 1 and Tier 2 commercial edible food vendors and estimate total amount of donated food.

2. Inspect Tier 1 generators now and Tier 2 generators in 2024 to confirm food recovery agreements. (§18995.1)

3. Provide education and outreach. (§18985.2)

4. Coordinate with edible food recovery organizations and services to determine capacity. (§18992.2)
Recordkeeping and Reporting. (14 CCR § 18995.2) Planned date of compliance January 1, 2023.

1. Implementation Record for review to CalRecycle.

2. Report Ordinance implementation by April 1, 2022. (§18994.1)

3. Contamination monitoring.

Update City Ordinance (§18981.2) Planned date of compliance April 1, 2023. 1. Require compliance with 2019 CalGreen Sections (§18989.1) • Ensure space for recycling and organic waste collection in Multi-Family residences of 5+ units and other nonresidential buildings.

2. Require compliance with Model Water Efficient Landscape Ordinance (MWELO) Title 23 CCR sections which requires compost and mulch on certain projects. (§18989.2) Update City Procurement Policies (Article 12) Planned date of compliance January 1, 2023.

1. Procure a target amount of recovered organic waste products (compost, mulch, renewable energy) (§18993.1)

2. Procure recyclable paper products made from at least 30% recycled material in accordance with PRC (§22150-22154)

Agenda Item No: 7.j.

MEETING DATE/TIME: 2/16/2022
ITEM NO: 2022-1342

AGENDA SUMMARY REPORT
SUBJECT: Approval of Change Order #13 to Ghilotti Construction in the Amount of $53,242.91 for Traffic Signal Revisions and Other Amenities to the Downtown Streetscape and Road Diet Project, Specification #19- 18 and corresponding budget amendment from the General Fund in the amount of $15,693.96.

DEPARTMENT: Public Works PREPARED BY: Jason Benson, Senior Civil Engineer PRESENTER: Tim Eriksen, Director of Public Works
ATTACHMENTS:

1. Spec 19-18_CCO 13_draft
Summary: Council will consider approval of Change Order #13 in the amount of $53,242.91 with Ghilotti Construction for services related to the Downtown Streetscape and Road Diet Project and corresponding budget amendment.

Background: Change Orders 1-4, 6-8, and 10 totaling $689,586.46 were authorized under the Public Works Director change order authority. These change orders were for revised and additional construction services that were not included in the original contract, but found to be necessary during the course of the project work. Change Order 5 was Council approved on 3/17/2021 and Change Orders 9, 11-12 were Contract Schedule Completion Date Changes with no additions to project costs.

Discussion: In November 2021, City staff identified a problem with the design of the traffic signal control mechanisms at the intersections of State Street and Perkins Street and Standley Street. The existing controllers that were planned to be reused did not adequately adapt to the new hardware and software that were installed as part of the Streetscape Project.

City staff, the engineering design team, and the contractors involved in the Downtown Streetscape Project reviewed the equipment that was proposed. The project team decided to pursue new equipment, work to install the new equipment with modifications to the materials previously installed, and initiate the traffic signals.

In addition, the City instructed Ghilotti to purchase and install an additional park bench and 28 new bike racks. Note, the original bike racks in the City's current stock and planned to be repurposed for this project did not meet “Buy America” grant requirements. To meet the requirement, the City instructed Ghilotti to purchase 28 new bike racks from Park Warehouse. Ghilotti’s cost for all the work included in Change Order #13 is $53,242.91.

Staff recommends approving Change Order #13 (Attachment 1) to Ghilotti Construction in the amount of $53,242.91. The funding sources for this project work will be Measure Y funds (Fund 120) for traffic related items in the amount of $37,548.95 and General Fund for the amenities in the amount of $15,693.96. Change Order #13, if approved, will authorize increasing this project account balance by $53,242.91 into account #12024200.80230.18019. The total revised contract amount, including all change orders, will be $7,948,526.95.

Recommended Action: Approval of Change Order #13 to Ghilotti Construction in the Amount of $53,242.91 for Traffic Signal Revisions and Other Amenities to the Downtown Streetscape and Road Diet Project, Specification #19-18 and corresponding budget amendment from the General Fund in the amount of $15,693.96.

BUDGET AMENDMENT REQUIRED: Yes
CURRENT BUDGET AMOUNT: 12024200.80230.18019: -$154.18; 10024200.80230.18019: -$1,439.41 PROPOSED BUDGET AMOUNT: 12024200.80230.18019: $37,548.95 (Internal Transfer from 12024200.80230.18254); 10024200.80230.18019: $17,134 FINANCING SOURCE: Measure Y Fund 120 and General Fund
PREVIOUS CONTRACT/PURCHASE ORDER NO.: Contract # 1920216 COORDINATED WITH: Tim Eriksen, Director of Public Works

CITY OF UKIAH

CONTRACT CHANGE ORDER
Contract for: Downtown Streetscape Road Diet Project, Specification No. 2019-18 Owner: City of Ukiah, 300 Seminary Avenue, Ukiah, California, 95482-5400 To: Ghilotti Construction Co., 246 Ghilotti Avenue, Santa Rosa, CA 95407 You are hereby directed to make the herein described changes from the contract plans and specifications or do the following described work not included in the contract plans and specifications:

Change requested by: City Engineer
The amount of the Contract will be (decreased/increased/unchanged) by the estimated sum of:
$53,242.91
The contract total including this and previous Change Orders will be: $7,948,526.95 The contract period provided for completion will be
(increased/decreased/unchanged):
20 working days
ORDER NO. 13
DATE: February 16, 2022
Description of Changes - Itemized Breakdown

ESTIMATED
DECREASE To
Contract Amount

ESTIMATED
INCREASE To
Contract Amount
Mike Brown Electric (MBE) Invoices for Extra Work, plus 10% markup, for all work associated with Traffic Signal work at the intersection of Perkins Street and State Street and the intersection of Standley Street and State Street:
• Equipment Changes
• Technical Support
• JAMS Services for Video Detection and APS PPB System
$0.00 $37,548.95
Bid Item 044: Bike Racks. City to supply (28) benches and contractor to install. Vendor invoice, plus 10% markup: $0.00 $10,742.43 Supplier and Vendor Invoices for Extra Work, plus 10% markup:
• PACE Supply, Order #026929125, 06/09/2021, $78.66
• Lone Star Landscape, Inc.; $2,150.00
$0.00 $2,451.53
Bid Item 042: Bench; Qty. 1 $0.00 $2,500.00
ESTIMATED NET CHANGE IN CONTRACT PRICE $0.00 $53,242.91 ATTACHMENT 1

CITY OF UKIAH

CONTRACT CHANGE ORDER
This change order constitutes full and complete compensation for all labor equipment, materials, overhead, profit, any and all indirect costs, and time adjustments required to perform the above described change.

Recommended By:

Jason Benson, City of Ukiah Date
Approved By:

Tim Eriksen, City of Ukiah Date
Accepted:

Brad Barnes, Ghilotti Construction Co. Date
This information will be issued as a record of any changes to the original construction contract.

Change Order Request
2403 — Downtown Streetscape Diet
Project
COR Subject: Remob For Traffic Signal Tur Ons / Equipment Changes brad
To Brad Barnes
Ghilotti Construction
246 Ghilotti Avenue
Santa Rosa, CA 95407
(707) 585-1221
Return To Dustin Rubio
Mike Brown Electric Co.
561-A Mercantile Drive
Cotati, California 94931
(707)792-8100
(707)792-8110 (FAX)
707-974-2059
[email protected]
Contract No: GCC #5909
COR Number: 2403-MBE PCO-16
COR Revision Number: 0
COR Date: 1/11/2022
Work Type: Price / Proceed
Days Valid: 30
Details
Description
Cost
/ Rate
Qty
/ Hrs Workers Ext
Foreman Electrician $93.40 8.00
Hrs 1.00 $747.20
Laborer $60.56 8.00
Hrs 1.00 $484.48
JT-023 - JT-023 2006 Ford F-450
1-1/2 Ton Utility Truck $36.92 8.00 - $295.36
TRUCK/T&TT/12-20
BT-002 - BT-002 2012 Ford
Ff550 Altec AT37G Bucket Truck $36.92 8.00 - $295.36
TRUCK/T&TT/12-20
Quoted Equipment Changes - $22,119.00 1.00
EACH - $22119.00
See attached - 9.5 Cotati Sales Tax Included
Quoted Added Tech Support $5,420.25 1.00
EACH - $5420.25

Description
Cost
/ Rate
Qty
/ Hrs Workers Ext
See attached - 9.5 Cotati Sales Tax Included
Breakout
Labor : $1,231.68
Gross Mark Up @ 35%: $431.09
Overhead Percent @ 10%: $123.17
Equipment : $590.72
Gross Mark Up @ 15%: $88.61
Material : $27,539.25
Gross Mark Up @ 15%: $4,130.89
_____________
Total: $34,135.41
Reservation of Rights
This COR does not include any amount for impacts such as interference, disruptions, rescheduling, changes in the sequence of work, delays and/or associated acceleration. We expressly reserve the right to submit our request for any of these items.

Signed By: Dated: 1/11/2022
Dustin Rubio
Project Manager

JAM SERVICES, INC.
958 E Airway Blvd
LIVERMORE, CA 94550
____________________________________________________________________________________ Telephone (925) 455-5267
Fax (925) 455-5348
PRICE QUOTATION 68833CCO2REV
LOCATION: City of Ukiah State & Mill
12-22-21
JAM Services is pleased to provide the following price quotation for the subject project.

Turn on assistance for Video detection and APS PPB systems TOTAL PRICE $ 4,950.00
QUOTE REVISED TO REFLECT REDUCED HOURS REQUIRED FOR TURN ON.

Freight allowed, but tax to be added as determined by the final BOM and the delivery address. If I can be of further assistance, please contact me at 925-455-5267.

Thank you – David Lebherz

JAM SERVICES, INC.
958 E Airway Blvd
LIVERMORE, CA 94550
____________________________________________________________________________________ Telephone (925) 455-5267
Fax (925) 455-5348
PRICE QUOTATION 68833CCO3
Mike Brown City of Ukiah
11/30/21
JAM Services is pleased to provide the following price quotation for the subject project.

State @ Perkins
Add
(1) POLARA iCCU-C CONTROL UNIT
(1) POLARA iN2-ICB-C INTERCONNECT BOARD FOR CARD
(1) POLARA iN2-C4-CABLE-C C4 CABLE
(1) POLARA iN2-150WPS-C POWER SUPPLY
TOTAL PRICE $ 2,450.00
Rack mount Iteris Video processor TOTAL PRICE $ 7,650.00 State @ Standley
Add
(1) POLARA iCCU-C CONTROL UNIT
(1) POLARA iN2-ICB-C INTERCONNECT BOARD FOR CARD
(1) POLARA iN2-C4-CABLE-C C4 CABLE
(1) POLARA iN2-150WPS-C POWER SUPPLY
TOTAL PRICE $ 2,450.00
Rack mount Iteris Video processor TOTAL PRICE $ 7,650.00 Freight allowed, but tax to be added as determined by the final BOM and the delivery address. If I can be of further assistance, please contact me at 925-455-5267.

Thank you – David Lebherz

Powdercoated GuardShack™ Lift Off Enclosures for 1/2" to 2" Standard Backflow Assemblies Model Centerline
Dimensions
Inside
Dimensions WT EncPad
Model
EncPad™
Dimensions
FrostGuard™
Model
Alt Concrete
Pad Dimensions
GS - .5 12"Wx18"Hx12"L 10"W x 18"H x 10"L 34 EP-.5 24"Wx24"Lx3"D FG-.5 20"Wx20"L GS - 1 12"Wx24"Hx24"L 10"W x 24"H x 22"L 40 EP-1 24"Wx36"Lx3"D FG-1 20"Wx32"L GS - 2 12"Wx24"Hx32"L 10"W x 24"H x 30"L 45 EP-2 24"Wx42"Lx3"D FG-2 20"Wx40"L Backflow Assembly Sizing Chart
GS-1 GS-2
Model
Size Length Size Length
FEBCO 3/4" 19 1/2" 1 1/4" 24 1/4"
825Y 1" 20 3/4" 1 1/2" 28 1/4"
3/4"-1" 10 1/4" . . FEBCO
825YA
1 1/2"-2" 14 3/4" . .

FEBCO 3/4" 18 1/4" 1 1/4" 26 1/2"
860 1" 20 1/2" 1 1/2" 28"
3/4" 14" 1 1/2" 24 1/2"
1" 17 1/4" 2" 25" FEBCO
880
1 1/4" 22" . .

WA 3/4" 19 1/4" 1" 24 3/4" TTS
009 . . 1 1/4" 28"
WA 3/4"-1" 16 1/2" 2" 24 1/2" TTS
009UA 1 1/2" 20" . .

WATTS . . 3/4" 24 3/4"
909 . . 1" 25 1/4"
WILKINS 3/4" 19 1/2" 1 1/4" 27 1/2"
975/XL 1" 21" 1 1/2" 28 1/2"
WI 3/4" 15" . . LKINS
975XLV
1" 15 1/2" . .

IT'S NO SUPRISE that BPDI's two most popular sizes are the GS1 and GS-2 powdercoated models. Over four dozen different backflow assemblies fit inside these rugged yet attractive units, since these models allow full use of interior space. These models are also very popular for light powered timers, air/vacuum relief valves, gas valves and more. The GS-.5 unit is perfect for 1/2"- 3/4" PVB's and all three units are often used to cover dangerous, hard-to-see pedestrian trip hazards. All tamper proof hardware is supplied with the unit.

Also Available for your Lift Off Model Enclosures:

EncPad™ Enclosure Pads - The pre-manufactured enclosure pad that's better than concrete. Now Lift Off enclosures install in less than 45 minutes, without concrete. The EncPad™ is a heavily ribbed, yet lightweight and resilient UV stabilized meter box type plastic pad, with a cut out to fit over an assembly. It uses the BPDI Padlock™ anchoring system to securely clamp the pad to the pipe risers. The EncPad™ removes and replaces in just minutes in the case of a leak under the pad, and is virtually indistinguishable from actual concrete.

FrostGuard™ Insulated Blankets - Now in R-13 & R-30 models and perfectly sized to fit inside your GuardShack™ enclosure, (see above).

LockShield™ Brackets - Designed to safeguard a unit from bolt cutters, (see GS-.5 photo above).

Emblems - Laser cut, silk screened emblems of your corporate logo, or government or school seal are available (see GS-.5 above).

For larger sizes not listed here, see GS-3/GS-4 sizing chart Use GS-.5 units for 1/2"-3/4" PVB installations, up to 18" height Use GS-1units for 1/2"-2" PVB installations up to 24" height Backflow Prevention Device InnClosures-GuardShack Div.

Sales-Customer Service-Main Stocking Warehouse
3801 E. Roeser Rd #11
Phoenix, AZ 85040
Phone: 1.602.426.1002/1.800.266.5411
FAX: 1.602.426.1005
Backflow Prevention Device InnClosures
Corporate Offices
15840 N. 32nd St #4
Phoenix, AZ 85032
Phone: 1.602.788.5411/1.800.266.5411
FAX: 1.602.788.6104
E-mail - [email protected]
Website – www.bpdi.com
Copyright© 1999-2004, All Rights Reserved.

FABRICATION SPECIFICATIONS
1¼" Sch 40 A.S.T.M.-A-53 Gr.A.E.W. steel pipe for end frames. 1" x 1" x 1/8" steel angle iron base.
½" #13 ga. diamond pattern flat rolled expanded steel with all welded construction 4" O/C.

Expanded metal die formed for uniformity.

POWDER COAT SPECIFICATIONS State-of-the-art five part metal cleaning process and iron phosphate solution treatment.

Units preheated before applying 1.5-2.0 mil thickness polyester powder to A.S.T.M. D-2794.

Impact Resistant Specifications and A.S.T.M. D-3559 Adhesive Specifications.

Invoice
Date
10/11/2021
Invoice #
15005492
Bill To
Jason Benson
City of Ukiah
246 Ghilotti Ave,
Santa Rosa CA 95407
United States (US)
Ship To
Brent Lodigiani
Ghilotti Construction Company
246 Ghilotti Ave
Santa Rosa, CA 95407
Park Warehouse LLC
P.O. Number
01 Terms
Net 30
Total
7495 W Atlantic Ave
Suite 200-294
Delray Beach, FL 33446
888-321-5334
Thank you for your prompt payment. If you wish to pay via ACH or Credit Card, please contact [email protected] or call 888.321.5334 ext 3 If you pay via ACH, our banking
information has changed. Email
[email protected] to
request our ACH information.

Quantity Item Code Description Price Each Amount
622br150-2 Horseshoe Bike Rack - 1.9in OD - Round Tube - Surface Mount
28 303.78 8,505.84T
1 Shipping 1,260.00 1,260.00
$9,765.84

Agenda Item No: 7.k.

MEETING DATE/TIME: 2/16/2022
ITEM NO: 2022-1343

AGENDA SUMMARY REPORT
SUBJECT: Approval of Purchase of Vendor Cloud Hosting of Tyler Munis Enterprise Resource Planning (ERP) Finance System Servers, in the Amount of $170,296.00.

DEPARTMENT: Information Services PREPARED BY: Ryan Burkhart, IT Manager, Scott Shaver, I.T.

Manager
PRESENTER: Ryan Burkhart, IT Manager
ATTACHMENTS:

1. Tyler Supportive Information

2. Ukiah TCO

3. Ukiah SaaS Quote
Summary: Council will consider approving a purchase of a vendor cloud hosting of our Tyler Munis Enterprise Resource Planning (ERP) Finance system.

Background: Five Tyler Munis Enterprise Resource Planning (ERP) servers have been hosted on premise by the City of Ukiah for several years and continue to require additional staff time for upgrades/updates, infrastructure resources, Tyler technical support costs, and Tyler Disaster Recovery costs.

Discussion: Cloud hosting our ERP servers with Tyler, includes all associated technical support, maintenance and disaster recovery costs. Please see (Attachment 1) for general supportive information regarding Tyler Cloud Hosting. For the full Tyler Cloud hosting quote, please see (Attachment 3).

For cost differentials between on-premise hosting and vendor cloud hosting, please see (Attachment 2).

Although there is additional cost incurred for vendor cloud hosting, there are other needed and valuable aspects included. These valuable aspects are encompassed within the Information Technology (IT) Division’s IT Strategic Plan (currently under development), which includes Disaster Recovery and Business Continuity for all City divisions in the event of disaster.

In addition, the effect of the ERP technology footprint on our Data Center will diminish considerably, which falls within our Green Initiative for power saving in our local data center. This includes the cost of battery backup purchases, power consumption of equipment, and cooling. The goal of IT over the next three years, is to diminish contingencies in our data center by as much as 50%, while still providing current services with little or no change in service delivery.

By migrating the ERP servers to the cloud, less dependency is realized on our on-premise data center. This would constitute long term savings by minimizing the requirements and scope of the storage and server infrastructure replacement every five years, which is due again this fiscal year.

Vendor cloud hosting of our Tyler ERP will provide secure user access to the Finance system from any Internet connection, allowing City Finance services for all divisions to continue uninterrupted despite disasters, with no contingencies on local Civic Center data access.

Recommended Action: Approve purchase of Vendor Cloud Hosting of Tyler Munis Enterprise Resource Planning (ERP) Finance System Servers, in the Amount of $170,296.00.

BUDGET AMENDMENT REQUIRED: No
CURRENT BUDGET AMOUNT: 20913900.54320: $170,296.00
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE:

PREVIOUS CONTRACT/PURCHASE ORDER NO.:

COORDINATED WITH: Scott Shaver, IT Special Projects

For more information, visit www.tylertech.com
Marco Island, Florida – Population: 13,301
Tyler Solution: EnerGov™ Permitting and Licensing
Increase Efficiency in the Field
“A small staff can get big results with the right technology.

Marco Island’s inspection department uses Tyler’s cloud mobile solutions to access critical inspection documents, GIS maps and real-time scheduling all from the cloud while in the field. Our inspectors enjoy the freedom that comes with using their iPad®. They’re not tied to driving back to the office 10 times per day, and they don’t have to call the office all of the time for information. We can attach documents at the permit level, and they are immediately visible.”
— Lisa Loewer, Customer Service Supervisor
State of Kentucky Department of Education –
Population: 4.395 million
Tyler Solution: Munis® ERP
Achieve 24/7 Uptime
“As the largest K-12 cloud implementation in the nation, our primary focus was 24/7 uptime — a goal individual districts could not achieve with limited individual resources. Today, every district in the state has 100 percent uptime, increased response time, and data reliability without the maintenance.

We were truly able to ‘do more with less’.”
— David Couch, Associate Commission of Kentucky Office
of Education
Gillespie County Court, Texas – Population: 25,357
Tyler Solution: Odyssey® Courts and Justice
Gain Infrastructure Flexibility
“With a growing population, I needed the flexibility with our IT infrastructure to easily move offices and add buildings.

Tyler’s cloud solution allowed us to get out of the server business and eliminate the costs related to maintenance of the servers. It also greatly decreased our costs on leased data lines, and we’ve moved from an expensive reliance
on fiber to simply relying on high-speed connections in my outlying offices.”
— John Keller, IT Director
Rockingham County, Virginia – Population: 78,178
Tyler Solution: Eagle™ Land and Vital Records
Gives You More Time to Focus on Your Constituents
“The biggest advantage we have seen by moving to a
hosted solution is it has removed the technical pressure of maintaining all that data off of the local government. It has given us both time, and physical space, to focus on what we need to focus on — our constituents.”
— Chaz Haywood, Clerk of Circuit Court
...continued on reverse
TY-CS-CP-7804-0717
Local Governments of All Sizes Choose Cloud Solutions

PROVIDING

CLOUD SOLUTIONS
SINCE 2000
ATTACHMENT 1

For more information, visit www.tylertech.com
Town of Essex, Massachusetts – Population: 3,267
Tyler Solution: Infinite Visions® Financial
Replace Aging Hardware Infrastructure
“As our servers aged, we came to the decision it would be more economical to move to the cloud instead of continuing to upgrade and maintain our infrastructure. As our servers reach the end of their life, we are steadily going to Tyler’s cloud solutions. We believe we can cut our total cost of operations in half and save time eliminating the need to manage our own back-up process.”
— Brendhan Zubricki, Town Administrator
City of Biloxi, Mississippi – Population: 44,820
Tyler Solution: Munis® ERP
Protect Critical Data
“In an area with a long history of powerful storms,
automated, off-premises data backup is a priority. When Hurricane Katrina hit in 2005, all systems and servers were down, and the city was unable to run payroll – at a time when our employees needed it most. With Tyler’s cloud
disaster recovery services, they pulled our databases up on their remote servers, and a base payroll was issued the next day.”
— Tom Reno, Network Engineer/Database Manager
Logan County, Colorado – Population: 22,450
Tyler Solution: iasWorld® Appraisal and Tax
Eliminate IT Burden in a Small Office
“We’re a small jurisdiction, and we don’t have IT
professionals on staff. With the Tyler cloud solutions, Tyler’s employees maintain, support, and administer our applications at their remote data center. They perform all the server and software maintenance and install patches and updates before we come into the office in the morning.

In the past, when we have done this ourselves, it took us several hours, and the system was unavailable to
our employees.”
— Peggy Michaels, County Assessor
©2017, Tyler Technologies Inc., All rights reserved.

MAINE
TEXAS
Tyler owns and maintains all of the hardware at its two hosting locations.

City of Shenandoah, Texas – Population: 2,555
Tyler Solution: Incode® Financial and Utility Billing
Implement Technology with Lower Upfront Costs
“The city of Shenandoah has limited IT staff, and choosing the cloud was an affordable alternative to the upfront costs of purchasing servers and client services, allowing us to achieve our end goal of implementing new technology with existing resources.”
— Greg Smith, City Administrator
Tulsa County, Oklahoma – Population: 622,598
Tyler Solution: Eagle™ Land and Vital Records
There When You Need It
“Tyler is constantly behind the scenes making it happen.

With Eagle hosting we have both the application and the engine behind the scenes. That means with Tyler, I don’t have to go outside my job to learn other things just to do my job! We are expected to produce for the public, on demand.

Hosting is on-call and working when I need it. It helps budget-wise as now we can be nimble with what and who
we have. You need to think outside the box — outside the mainframe; today it’s an iPhone world. SaaS is the way the world is moving. Now, the IT Department is looking at how to have more hosting across the county.”
— Kathy Semler, First Deputy & Director of Real Estate Services

Tyler staff
monitoring cloud
solutions
SaaS client
organizations
local government
SaaS users
accessing the cloud
every day to operate
Tyler software
total users
accessing the cloud
every day petabytes
of data
stored

THE PROOF IS IN THE NUMBERS
citizens accessing
Tyler's cloud-hosted
portals every day for
e-services
80 3,296
4,472,738

3.7 4,305,954 166,784

ACCURACY ENSURED
Tyler utilizes third-party audits for security
validations and to ensure accuracy at all levels.

LASTING INVESTMENT
Tyler’s evergreen philosophy offers the benefit of perpetual upgrades as soon as they are available, at no extra charge.

STRESS FREE
Tyler's Disaster Recovery is included — providing an additional layer of security for you. In the event of a disaster, your jurisdiction can relax knowing your information is safe and secure.

TOTAL SECURITY
Our cloud solutions provide multiple layers of security, including anti-virus, intrusion protection, and firewalls.

HERE FOR YOU
Tyler employs 80 full-time staff dedicated to
monitoring the system 24/7 to keep your data safe.

Strong, secure, affordable
service for local
governments of all sizes
CLOUD
with

SOLUTIONS
TYLER

SELF HOSTED
Initial Cost
Year 1 Year 2 Year 3
Server Hardware ‐ Budget every 3‐5 years $17,020 $0 $0 $17,020Server Hardware Maintenance $0 $3,020 $3,020 $6,040System Software, SQL, and Application Costs $9,998 $0 $0 $9,998System Software Maintenance (4J's ‐ coding language) $1,650 $1,650 $1,650 $4,950Other Costs ‐ Facilities, FTE (est 2 hours/day @ $60 salary/benefits) $32,100 $32,100 $32,100 $96,300 Tyler Munis Software Maintenance $64,825 $68,066 $71,470 $204,361 5% Annual increase Tyler Systems Management Support $17,112 $17,968 $18,866 $53,946 5% Annual increase Tyler Disaster Recovery  $16,812 $17,653 $18,535 $53,000 5% Annual increaseTotals $159,517 $140,456 $145,641 $445,614SOFTWARE AS A SERVICE SOLUTION Initial Cost
Year 1 Year 2 Year 3
Project Planning Services $8,109.00 0 0 $8,109.00
PACE Upgrade Assistance $0.00 0 0 $0.00
Annual Fee $162,187.00 $162,187.00 $162,187.00 $486,561.00Totals $170,296.00 $162,187.00 $162,187.00 $494,670.00 Recurring Annual Cost
Total
SaaS Solution 3‐Year Cost
SaaS Cost Comparison
Recurring Annual Cost
Total
Self Hosted 3‐Year Cost
Ukiah, CA
ATTACHMENT 2

2021-292416-L7X3M5 Page 1
Quoted By: Karen Grosset
Quote Expiration: 05/15/22
Quote Name: City of Ukiah - ERP - SaaS Hosting
Quote Description: SaaS Hosting
Saas Term 3.00
Sales Quotation For:

City of Ukiah
300 Seminary Ave
Ukiah CA 95482-5400
Phone: +1 (707) 463-6200
Tyler SaaS and Related Services
Description Qty Imp. Hours Annual Fee
Additional
Tyler Forms Processing 1 0 $ 4,694
Financial Management
Accounting/GL/BG/AP 1 0 $ 17,203
Bid Management 1 0 $ 1,958
BMI Asset Track Interface 1 0 $ 1,305
BMI CollectIT Interface 1 0 $ 1,305
Capital Assets 1 0 $ 4,568
Cash Management 1 0 $ 2,966
Contract Management 1 0 $ 1,958
eProcurement 1 0 $ 2,966
Inventory 1 0 $ 4,241
Project & Grant Accounting 1 0 $ 3,559
Purchase Orders 1 0 $ 4,568
Requisitions 1 0 $ 2,966
Revenue Management
Accounts Receivable 1 0 $ 3,915
ATTACHMENT 3

2021-292416-L7X3M5 Page 2
Central Property File 1 0 $ 1,556
General Billing 1 0 $ 1,780
Permits & Code Enforcement 1 0 $ 8,260
Tyler Cashiering 1 0 $ 6,526
Subscription Fees
ACFR Statement Builder 1 0 $ 5,935
Concurrent Users 30 0 $ 30,000
Civic Services
Citizen Self Service 1 0 $ 3,915
Tyler GIS - Site License 1 0 $ 2,966
Human Resources Management
Human Resources & Talent Management 1 0 $ 6,218
Payroll w/ESS 1 0 $ 9,551
Recruiting 1 0 $ 2,456
Data Insights
Munis Office 1 0 $ 2,967
Role Tailored Dashboard 1 0 $ 2,967
Tyler Reporting Services 1 0 $ 5,304
Enterprise Asset Management
Asset Maintenance 1 0 $ 5,309
Document Management
Tyler Content Manager SE 1 0 $ 8,305
TOTAL 0 $ 162,187
Professional Services
Description Quantity Unit Price Extended Price Maintenance Project Planning Services 1 $ 8,109 $ 8,109 $ 0
TOTAL $ 8,109 $ 0

2021-292416-L7X3M5 Page 3
Summary One Time Fees Recurring Fees
Total Tyler Software $ 0 $ 0
Total Annual $ 0 $ 162,187
Total Tyler Services $ 8,109 $ 0
Total Third-Party Hardware, Software, Services $ 0 $ 0
Summary Total $ 8,109 $ 162,187
Contract Total $ 494,670
Unless otherwise indicated in the contract or amendment thereto, pricing for optional items will be held For six (6) months from the Quote date or the Effective Date of the Contract, whichever is later.

Customer Approval: Date:

Print Name: P.O.#:

All Primary values quoted in US Dollars

2021-292416-L7X3M5 Page 4
Comments
Client agrees that items in this sales quotation are, upon Client's signature or approval of same, hereby added to the existing agreement ("Agreement") between the parties and subject to its terms. Additionally, payment for said items, as applicable but subject to any listed assumptions herein, shall conform to the following terms:
• License fees for Tyler and third party software are invoiced upon the earlier of (i) deliver of the license key or (ii) when Tyler makes such software available for download by the Client;
• Fees for hardware are invoiced upon delivery;
• Fees for year one of hardware maintenance are invoiced upon delivery of the hardware; • Annual Maintenance and Support fees, SaaS fees, Hosting fees, and Subscription fees are first payable when Tyler makes the software available for download by the Client (for Maintenance) or on the first day of the month following the date this quotation was signed (for SaaS, Hosting, and Subscription), and any such fees are prorated to align with the applicable term under the Agreement, with renewals invoiced annually thereafter in accord with the Agreement.
• Fees for services included in this sales quotation shall be invoiced as indicated below.  Implementation and other professional services fees shall be invoiced as delivered.  Fixed-fee Business Process Consulting services shall be invoiced 50% upon delivery of the Best Practice Recommendations, by module, and 50% upon delivery of custom desktop procedures, by module.  Fixed-fee conversions are invoiced 50% upon initial delivery of the converted data, by conversion option, and 50% upon Client acceptance to load the converted data into Live/Production environment, by conversion option. Where conversions are quoted as estimated, Tyler will invoice Client the actual services delivered on a time and materials basis.  Except as otherwise provided, other fixed price services are invoiced upon complete delivery of the service. For the avoidance of doubt, where "Project Planning Services" are provided, payment shall be invoiced upon delivery of the Implementation Planning document.

Dedicated Project Management services, if any, will be invoiced monthly in arrears, beginning on the first day of the month immediately following initiation of project planning.
 If Client has purchased any change management services, those services will be invoiced in accordance with the Agreement.  Notwithstanding anything to the contrary stated above, the following payment terms shall apply to services fees specifically for migrations:

Tyler will invoice Client 50% of any Migration Fees listed above upon Client approval of the product suite migration schedule. The remaining 50%, by line item, will be billed upon the go-live of the applicable product suite. Tyler will invoice Client for any Project Management Fees listed above upon the go-live of the first product suite. Unless otherwise indicated on this Sales quotation, annual services will be invoiced in advance, for annual terms commencing on the date this sales quotation is signed by the Client. If listed annual service(s) is an addition to the same service presently existing under the Agreement, the first term of the added annual service will be prorated to expire coterminous with the existing annual term for the service, with renewals to occur as indicated in the Agreement. • Expenses associated with onsite services are invoiced as incurred.

2021-292416-L7X3M5 Page 5
Tyler's quote contains estimates of the amount of services needed, based on our preliminary understanding of the scope, level of engagement, and timeline as defined in the Statement of Work (SOW) for your project. The actual amount of services required may vary, based on these factors.

Tyler's pricing is based on the scope of proposed products and services contracted from Tyler. Should portions of the scope of products or services be altered by the Client, Tyler reserves the right to adjust prices for the remaining scope accordingly.

Unless otherwise noted, prices submitted in the quote do not include travel expenses incurred in accordance with Tyler's then-current Business Travel Policy.

Tyler's prices do not include applicable local, city or federal sales, use excise, personal property or other similar taxes or duties, which you are responsible for determining and remitting. Installations are completed remotely but can be done onsite upon request at an additional cost.

In the event Client cancels services less than two (2) weeks in advance, Client is liable to Tyler for (i) all non-refundable expenses incurred by Tyler on Client's behalf; and (ii) daily fees associated with the cancelled services if Tyler is unable to re-assign its personnel.

Implementation hours are scheduled and delivered in four (4) or eight (8) hour increments.

Tyler provides onsite training for a maximum of 12 people per class. In the event that more than 12 users wish to participate in a training class or more than one occurrence of a class is needed, Tyler will either provide additional days at then-current rates for training or Tyler will utilize a Train-theTrainer approach whereby the client designated attendees of the initial training can thereafter train the remaining users.

Tyler Content Manager SE includes up to 1TB of storage. Should additional storage be needed it may be purchased as needed at an annual fee of $5,000 per TB.

The SaaS fees for products that are not named users are based on 30 concurrent users. Should the number of concurrent users be exceeded, Tyler reserves the right to re-negotiate the SaaS fees based upon any resulting changes in the pricing categories.

Financial library includes: 1 A/P check, 1 EFT/ACH, 1 Purchase order, 1099M, 1099INT, 1099S, and 1099G.

General Billing library includes: standard invoice, standard statement, standard general billing receipt and standard miscellaneous receipt.

Personnel Actions Forms Library includes: standard Personnel Action form - New and standard Personnel Action Form - Change.

Payroll library includes: standard PR check, standard direct deposit, standard vendor from payroll check, standard vendor from payroll direct deposit, W2, W2c, ACA 1095B, ACA 1095C and 1099 R.

2021-292416-L7X3M5 Page 6
Permits library includes: standard Building permit, standard Trades permit, standard Zoning permit and standard certificate of occupancy/completion.

Project Management includes project planning, kickoff meeting, status calls, task monitoring, verification and transition to support.

In the event Client acquires from Tyler any edition of Tyler Content Manager software other than Enterprise Edition, the license for Content Manager is restricted to use with Tyler applications only. If Client wishes to use Tyler Content Manager software with non-Tyler applications, Client must purchase or upgrade to Tyler Content Manager Enterprise Edition.

Agenda Item No: 7.l.

MEETING DATE/TIME: 2/16/2022
ITEM NO: 2022-1403

AGENDA SUMMARY REPORT
SUBJECT: Adoption of Resolution Opposing Initiative 21-0042A1 DEPARTMENT: City Manager /
Admin PREPARED BY: Shannon Riley, Deputy City Manager
PRESENTER: Shannon Riley, Deputy City Manager
ATTACHMENTS:

1. CBRT Measure Opposition Fact Sheet (1-11-22)

2. Legal Analysis 01-20-22 AG FINAL

3. CBRT Fiscal Analysis (1-11-22)

4. Resolution_Oppose Initiative 21-0042A1_021622

5. 2_2_22_Broad Coalition Opposes CBRT Measure_FINAL38
Summary: The City Council will consider approving a resolution opposing Initiative 21-0042A1, which would significantly restrict local control.

Background: In 2018, the “Tax Fairness, Transparency and Accountability Act” or (AG# 17-0050 Amdt. #1), was being circulated to qualify for the November 2018 ballot. This initiative would have drastically limited local revenue authority. Through the successful work and advocacy of the League of California Cities and its coalition, the measure’s proponents withdrew the initiative from the ballot in June 2018.

On Jan. 4, 2022, the California Business Roundtable filed the Taxpayer Protection and Government Accountability Act or AG# 21-0042A1. (See Attachment 1 for a Fact Sheet about this measure.) This measure is far more detrimental to cities than the measure filed in 2018, because it would decimate vital local and state services to the benefit of wealthy corporations.

Cal Cities, along with a broad coalition of local governments, labor and public safety leaders, infrastructure advocates, and businesses, strongly oppose this initiative.

Discussion: The proposed measure limits the voters’ input, adopts new and stricter rules for raising taxes and fees, and makes it more difficult to hold state and local law violators accountable by limiting voter authority and accountability, restricting local fee authority to provide local services, restricting authority of State and local governments to issue fines and penalties for violations of law, and restricting local tax authority to provide local services. See Attachments 2 and 3 for legal and fiscal analyses provided by the League of California Cities.

Opposition of Initiative 21-0042A1 is consistent with the City of Ukiah's 2022 Advocacy Platform; however, formal opposition requires adoption of a resolution (Attachment 4), versus just a letter. Therefore, Staff recommends Council's approval of said resolution. Also for the Council's information is Attachment 5, an announcement of opposition from public safety, labor, local government, and infrastructure advocates.

Recommended Action: Adopt resolution opposing Initiative 21-0042A1 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: League of California Cities

Stop the Corporate Loopholes Scheme
Deceptive Proposition Allows Major Corporations to Avoid Paying their Fair Share and Evade Enforcement when they Violate Environmental, Health & Safety Laws An association representing California’s wealthiest corporations — including oil, insurance, banks and drug companies — is behind a deceptive proposition aimed for the November 2022 statewide ballot. Their measure would create major new loopholes that allow corporations to avoid paying their fair share for the impacts they have on our communities; while also allowing corporations to evade enforcement when they violate environmental, health, safety and other state and local laws. Here’s why a broad coalition of local governments, labor and public safety leaders, infrastructure advocates, and businesses oppose the Corporate Loophole Scheme:

Gives Wealthy Corporations a Major Loophole to Avoid Paying their Fair Share - Forcing Local Residents and Taxpayers to Pay More • The measure creates new constitutional loopholes that allow corporations to pay far less than their fair share for the impacts they have on our communities, including local infrastructure, our environment, water quality, air quality, and natural resources – shifting the burden and making individual taxpayers pay more.

Allows Corporations to Dodge Enforcement When They Violate Environmental, Health, Public Safety and Other Laws
• The deceptive scheme creates new loopholes that makes it much more difficult for state and local regulators to issue fines and levies on corporations that violate laws intended to protect our environment, public health and safety, and our neighborhoods.

Jeopardizes Vital Local and State Services
• This far-reaching measure puts at risk billions of dollars currently dedicated to critical state and local services.
• It could force cuts to public schools, fire and emergency response, law enforcement, public health, parks, libraries, affordable housing, services to support homeless residents, mental health services and more. • It would also reduce funding for critical infrastructure like streets and roads, public transportation, drinking water, new schools, sanitation, utilities and more.

Opens the Door for Frivolous Lawsuits, Bureaucracy and Red Tape that Will Cost Taxpayers and Hurt Our Communities
• The measure will encourage frivolous lawsuits, bureaucracy and red tape that will cost local taxpayers millions — while significantly delaying and stopping investments in infrastructure and vital services.

Attachment 1

Undermines Voter Rights, Transparency, and Accountability • This misleading measure changes our constitution to make it more difficult for local voters to pass measures needed to fund local services and local infrastructure.
• It also includes a hidden provision that would retroactively cancel measures that were passed by local voters — effectively undermining the rights of voters to decide for themselves what their communities need.
• It would limit voter input by prohibiting local advisory measures, where voters provide direction to politicians on how they want their local tax dollars spent.

The Taxpayer Protection and Government Accountability Act Initiative No. 21-0042A1
January 21, 2022
Summary: The measure limits the voters’ input, adopts new and stricter rules for raising taxes and fees, and makes it more difficult to hold state and local law violators accountable.

Limiting Voter Authority and Accountability
• Limits voter input. Prohibits local voters from providing direction on how local tax dollars should be spent by prohibiting local advisory measures. • Invalidates Upland decision that allows majority of local voters to pass special taxes. Taxes proposed by the Initiative are subject to the same rules as taxes placed on the ballot by a city council. All measures passed between January 2022 and November 2022 would be invalidated unless reenacted within 12 months.

Restricting Local Fee Authority to Provide Local Services • Franchise fees. Sets new standard for fees and charges paid for the use of local and state government property. The standard may significantly restrict the amount oil companies, utilities, gas companies, railroads, garbage companies, cable companies, and other corporations pay for the use of local public property. Rental and sale of local government property must be “reasonable” which must be proved by “clear and convincing evidence.”
• Except for licensing and other regulatory fees, fees and charges may not exceed the “actual cost” of providing the product or service for which the fee is charged. “Actual cost” is the “minimum amount necessary.” The burden to prove the fee or charge does not exceed “actual cost” is changed to “clear and convincing” evidence.

Restricting Authority of State and Local Governments to Issue Fines and Penalties for Violations of Law.
• Requires voter approval of fines, penalties, and levies for corporations and property owners that violate state and local laws unless a new, undefined adjudicatory process is used to impose the fines and penalties.

Attachment 2

Restricting Local Tax Authority to Provide Local Services • Expanding existing taxes (e.g., UUT, use tax, TOT) to new territory (e.g., annexation) or expanding the base (e.g., new utility service) requires voter approval.
• City charters may not be amended to include a tax or fee. • New taxes can be imposed only for a specific time period. • Taxes adopted after January 1, 2022, that do not comply with the new rules, are void unless reenacted.
• All state taxes require majority voter approval.
• Prohibits any surcharge on property tax rate and allocation of property tax to state.

Other Changes
• No fee or charge or exaction regulating vehicle miles traveled can be imposed as a condition of property development or occupancy.

CaliforniaCityFinance.Com
Fiscal and Program Effects of
Initiative 21-0042A1 on Local Governments
If Initiative 21-0042A1 is placed on the ballot and passed by voters, it will result in:
 Billions of local government fee and charge revenues placed at heightened legal peril. Related public service reductions across virtually every aspect of city, county, special district, and school services especially for transportation, and public facility use.  Hundreds of millions of dollars of annual revenues from dozens of tax and bond measures approved by voters between January 1, 2022 and November 9, 2022 subject to additional voter approval if not in compliance with the initiative.
 Indeterminable legal and administrative burdens and costs on local government from new and more empowered legal challenges, and bureaucratic cost tracking requirements.  The delay and deterrence of municipal annexations and associated impacts on housing and commercial development.
 Service and infrastructure impacts including in fire and emergency response, law enforcement, public health, drinking water, sewer sanitation, parks, libraries, public schools, affordable housing, homelessness prevention and mental health services.

1. Local Government Taxes and Services Threatened
With regard to taxes, Initiative 21-0042A1:
 Prohibits advisory, non-binding measures as to use of tax proceeds on the same ballot. o Voters may be less informed and more likely to vote against measures.  Eliminates the ability of special tax measures proposed by citizen initiative to be enacted by majority voter approval (Upland).
o Because the case law regarding citizen initiative special taxes approved by majority vote (Upland) is so recent, it is unknown how common these sorts of measures might be in the future. This initiative would prohibit such measures after the effective date of the initiative. Any such measures adopted after January 1, 2022 through November 8, 2022 would be void after November 9, 2023.
 Requires that tax measures include a specific duration of time that the tax will be imposed. This seems to require that all tax increases or extensions contain a sunset (end date). o This would require additional tax measures to extend previously approved taxes at additional cost to taxpayers.
 Requires that a tax or bond measure adopted after January 1, 2022 and before the effective date of the initiative (November 9, 2022) that was not adopted in accordance with the measure be readopted in compliance with the measure or will be void twelve months after the effective date of the initiative (November 9, 2023).
o If past election patterns are an indication, dozens of tax and bond measures approving hundreds of millions of annual revenues may not be in compliance and would be subject to reenactment.

Most will be taxes without a specific end date. Because there is no regularly scheduled election within the 12 months following the effective date of the initiative, measures not in compliance would need to be placed on a special election ballot for approval before November 9, 2023 or the tax will be void after that date. General tax measures would require declaration of emergency and unanimous vote of the governing board.
2217 Isle Royale Lane • Davis, CA • 95616-6616
Phone: 530.758.3952 • Fax: 530.758.3952
Rev. January 7, 2022
Attachment 3

– 2 – rev January 7, 2022
CaliforniaCityFinance.com
 Requires voter approval to expand an existing tax to new territory (annexations). This would require additional tax measures and would deter annexations and land development in cities. o If a tax is "extended" to an annexed area without a vote after January 1, 2022, it will be void 12 months later until brought into compliance. Because there is no regularly scheduled election within the 12 months following the effective date of the initiative, such extensions for general taxes would, under current law, each require unanimous vote of the agency board to be placed on a special election ballot or would be void after November 9, 2023.

1.a. Number of Measures and Value of Local Taxes at Risk1 In 2020, voters in California approved 293 local tax and bond measures for cities, counties, special districts and schools (95 in March and 198 in November). The approved measures enacted $3.85 billion in new annual taxes including $1.3 billion for cities, $302 million for counties, $208 million for special districts (fire, wastewater, open space and transit districts), and $2.037 billion for schools (including for school bonds).

Most tax measures go to the ballot during a presidential or gubernatorial primary or general election in an even year. However, some tax measures are decided at other times. During 2019, there were 45 approved tax and bond measures (24 city, 14 special district, 7 school) adopting $154.0 million in new annual taxes ($124.0 million city, $10.5 million special district and $19.2 million school).

Most tax and bond measures comply with the new rules in Initiative 21-0042Amdt#1 except:
 Dozens of taxes would require end dates. This would require additional measures in future years to extend the taxes further. Very few extensions of existing local taxes fail.  Majority vote general tax measures could not be accompanied on the same ballot with an advisory, non-binding measure as to use of tax proceeds.  Special taxes placed on the ballot via citizen initiative would require two-thirds voter approval.

Bond measures have fixed terms. Historically, about 20 percent of other tax measures have included specific durations (i.e. sunsets). Advisory measures as to use of revenues are uncommon. I do not expect the provisions of 21-0042A1 to have any substantial effect on passage rates. However, some 2022 approved measures would likely have to put back on the ballot.

Based on history, a reasonable estimate of the annualized tax revenues estimated to be approved by 1 Source: Compilation and summary of data from County elections offices.

– 3 – rev January 7, 2022
CaliforniaCityFinance.com
voters in 2022 and placed at risk by this initiative is at least $1.5 billion, including $1.0 billion from cities and $500 million from counties and special districts. 2 1.b. Additional Costs and Public Service Effects of the Tax Provisions In addition to service delays and disruption due to new tax revenues placed at greater legal risk, there will be substantial additional costs for legal defense. The deterrence of taxes for annexations will delay and deter municipal annexations.

2. “Exempt Charges” (fees and charges that are not taxes) and Services Threatened With regard to fees and charges adopted after January 1, 2022, Initiative 21-0042A1:
 Subjects new fees and charges for a product or service to a new "actual cost” test defined as “(i) the minimum amount necessary to reimburse the government for the cost of providing the service to the payor, and (ii) where the amount charged is not used by the government for any purpose other than reimbursing that cost. In addition, subjects these same charges to a new, undefined, “reasonable” standard.
 Subjects fees and charges for entrance to local government property; and rental and sale of local government property to a new, undefined, “reasonable” test.  Subjects a challenged fee or charge to new, higher burdens of proof if legally challenged.  Prohibits a levy, charge or exaction regulating or related to vehicle miles traveled, imposed as a condition of property development or occupancy.

2.a. Value on New Local Government Fees and Charges at Risk3 Virtually every city, county, and special district must regularly (e.g., annually) adopt increases to fee rates and charges and revise rate schedules to accommodate new users and activities. Most of these would be subject to new standards and limitations under threat of legal challenge. Based on the current volume of fees and charges imposed by local agencies and increases in those fees simply to accommodate inflation, the amount of local government fee and charge revenue placed at risk is about $1 billion per year including those adopted since January 1, 2022. Of this $1 billion, about $570 million is for special districts, $450 million is cities, and $260 million is counties.4
Major examples of affected fees and charges are:

1. Nuisance abatement charges - such as for weed, rubbish and general nuisance abatement to fund community safety, code enforcement, and neighborhood cleanup programs.

2. Commercial franchise fees.

3. Emergency response fees - such as in connection with DUI.

4. Advanced Life Support (ALS) transport charges.

5. Document processing and duplication fees.

6. Transit fees, tolls, parking fees, public airport and harbor use fees.

7. Facility use charges, fees for parks and recreation services, garbage disposal tipping fees.

In addition to fees and charges, the measure puts fines and penalties assessed for the violation of state and 2 This does not include citizen initiative special tax approved by majority but not two-thirds. Because this approach is new, the number of these measures and amount of revenue involved cannot be estimated. 3 Source: California State Controller Annual Reports of Financial Transactions concerning cities, counties and special districts, summarized with an assumed growth due to fee rate increases (not population) of 2 percent annually. 4 School fees are also affected but the amount is negligible by comparison.

– 4 – rev January 7, 2022
CaliforniaCityFinance.com
local law at risk, making them taxes subject to voter approval under certain circumstances.

2.b. Additional Costs and Public Service Effects of the Fee/Charge Provisions In addition to service delays and disruptions due to fee and charge revenues placed at greater legal risk, there would be substantial additional costs for legal defense. The risk to fees and charges will make infrastructure financing more difficult and will deter new residential and commercial development. ***********
mc

Attachment 4
RESOLUTION 2022-_____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH OPPOSING INITIATIVE 21-0042A1
WHEREAS, an association representing California’s wealthiest corporations is behind a deceptive proposition aimed for the November 2022 statewide ballot; and WHEREAS, the measure creates new constitutional loopholes that allow corporations to pay far less than their fair share for the impacts they have on our communities, including local infrastructure, our environment, water quality, air quality, and natural resources; and WHEREAS, the measure includes undemocratic provisions that would make it more difficult for local voters to pass measures needed to fund local services and infrastructure, and would limit voter input by prohibiting local advisory measures where voters provide direction on how they want their local tax dollars spent; and
WHEREAS, the measure makes it much more difficult for state and local regulators to issue fines and levies on corporations that violate laws intended to protect our environment, public health and safety, and our neighborhoods; and
WHEREAS, the measure puts billions of dollars currently dedicated to state and local services at risk, and could force cuts to public schools, fire and emergency response, law enforcement, public health, parks, libraries, affordable housing, services to support homeless residents, mental health services, and more; and
WHEREAS, the measure would also reduce funding for critical infrastructure like streets and roads, public transportation, drinking water, new schools, sanitation, and utilities.

THEREFORE, BE IT RESOLVED that the City of Ukiah opposes Initiative 21-0042A1.

THEREFORE, BE IT FURTHER RESOLVED, that the City of Ukiah will join the NO on Initiative 21-0042A1 coalition, a growing coalition of public safety, labor, local government, infrastructure advocates, and other organizations throughout the state.

We direct staff to email a copy of this adopted resolution to the League of California Cities at [email protected].
* * * * * * * * *
PASSED AND ADOPTED by the City Council of the City of Ukiah on _____, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Attachment 4
__________________________
Jim O. Brown, Mayor
ATTEST:
__________________________
Kristine Lawler, City Clerk

For immediate release:

Feb. 2, 2022
Contact: Kayla Sherwood, (530) 844-1744, [email protected] Fera Dayani, (916) 921-9111, [email protected]
Mila Myles, (812) 240-3938, [email protected]
Kyle Packham, (916) 642-3808, [email protected]
Public safety, labor, local government, and infrastructure advocates announce strong opposition to California Business Roundtable ballot measure that would benefit wealthy corporations while decimating vital local and state services
Deceptive proposition enables large corporations to avoid paying their fair share and evade enforcement when violating environmental, public health, and safety laws SACRAMENTO — Today, the League of California Cities, California Professional Firefighters, SEIU California, California Alliance for Jobs, AFSCME California, and the California Special Districts Association announced their strong opposition to the deceptively named “Taxpayer Protection and Government Accountability Act,” a ballot measure sponsored by the California Business Roundtable (CBRT), an organization that advocates on behalf of the largest and wealthiest corporations in California.

The coalition of public safety, labor, local government, and infrastructure groups are vocalizing their opposition as the California Attorney General is set to issue an official Title and Summary for the measure tomorrow, February 3. Once Title and Summary is released, proponents can begin signature gathering. They must submit 997,139 valid signatures in order to qualify for the November 2022 ballot. The Secretary of State’s recommended date to turn in signatures is April 29, 2022.
“This far-reaching measure would significantly jeopardize cities’ ability to provide services and critical infrastructure to local residents,” said Carolyn Coleman, Executive Director and CEO, League of California Cities. “It would impose undemocratic restrictions on local voters and local governments that could force significant cuts to vital services like fire and emergency response, infrastructure, libraries, parks, sanitation, and more.” Attachment 5

“This irresponsible measure would significantly reduce state and local funding available for fire prevention and response, including emergency services,” said Brian K. Rice, President, California Professional Firefighters. “At a time when our state and local communities are reeling from the impacts of intense and prolonged wildfires, this proposition interferes with the ability of firefighters and first responders to do our jobs and keep the public safe.” The CBRT measure would create major new loopholes that allow wealthy corporations to avoid paying their fair share for the impacts they have on our communities; while also allowing corporations to evade enforcement when they violate environmental, health, safety, and other state and local laws. It would also significantly restrict the ability of local voters, local governments, and state elected officials to fund critical services like public schools, fire and emergency response, public health, parks, libraries, affordable housing, homeless and mental health services, and public infrastructure.
“This initiative is a deceptive scheme written and paid for by wealthy corporations for their sole benefit,” said Tia Orr, Interim Executive Director, SEIU California. “These rich corporations are trying to create constitutional loopholes to avoid paying their fair share, while shifting the burden onto hardworking Californians.”
“This measure would make it much more difficult to fund critical infrastructure that’s needed in California,” said Michael Quigley, Executive Director, California Alliance for Jobs. “It would undercut our ability to invest in virtually every form of infrastructure, including safe bridges, local streets and roads, public transportation, drinking water quality, new schools, and utilities.”
“This proposition would make it much more difficult for state and local regulators to issue fines and levies on corporations that violate laws intended to protect our environment, public health and safety, and our neighborhoods,” said Alia Griffing, Political and Legislative Director, AFSCME California. “It’s a get out of jail free card for wealthy corporations that will hurt our efforts to provide critical public services necessary to keep our communities healthy and safe.” “This measure exposes taxpayers to a new wave of costly litigation, limits the discretion of locally elected officials to respond to the needs of their communities, and injects uncertainty into financing critical infrastructure,” said Neil McCormick, CEO, California Special Districts Association. “We are in strong opposition to this dangerous measure that jeopardizes the health and safety of communities and prevents critical investments in climate adaptation and community resilience to address drought, flooding, and wildfire as well as reduce emissions and harmful pollutants.”
Background:

A broad and growing coalition of local governments, labor and public safety leaders, infrastructure advocates, and businesses opposes this measure. The measure:

Gives Wealthy Corporations a Major Loophole to Avoid Paying their Fair Share — Forcing Local Residents and Taxpayers to Pay More

• The measure creates new constitutional loopholes that allow corporations to pay far less than their fair share for the impacts they have on our communities, including local infrastructure, our environment, water quality, air quality, and natural resources — shifting the burden and making individual taxpayers pay more.

Allows Corporations to Dodge Enforcement When They Violate Environmental, Health, Public Safety and Other Laws
• It creates new loopholes that makes it much more difficult for state and local regulators to issue fines and levies on corporations that violate laws intended to protect our environment, public health and safety, and our neighborhoods.

Jeopardizes Vital Local and State Services
• This far-reaching measure puts at risk billions of dollars currently dedicated to critical state and local services.
• It could force cuts to public schools, fire and emergency response, law enforcement, public health, parks, libraries, affordable housing, services to support homeless residents, mental health services, and more.
• It would also reduce funding for critical infrastructure like streets and roads, public transportation, drinking water, new schools, sanitation, utilities, and more.

Opens the Door for Frivolous Lawsuits, Bureaucracy and Red Tape that Will Cost Taxpayers and Hurt Our Communities
• The measure will encourage frivolous lawsuits, bureaucracy, and red tape that will cost local taxpayers millions — while significantly delaying and stopping investments in infrastructure and vital services.

Undermines Voter Rights, Transparency, and Accountability • It would limit voter input by prohibiting local advisory measures, where voters provide direction to politicians on how they want their local tax dollars spent. • It would change our constitution to make it more difficult for local and state voters to pass measures needed to fund local services and local infrastructure. • It also includes a hidden provision that would retroactively cancel measures that were passed by local voters — effectively undermining the rights of voters to decide for themselves what their communities need.

Established in 1898, the League of California Cities is a nonprofit statewide association that advocates for cities with the state and federal governments and provides education and training services to elected and appointed city officials.
###

Agenda Item No:

MEETING DATE:2/16/2022

AGENDA SUMMARY REPORT
SUBJECT:Council will consider the Capital Improvement Plan (CIP) phase-one purchasing of radio equipment in the amount of $248,311 through Leavitt Communications for the Ukiah Valley Fire Authority (UVFA) to move from analog to digital radio communication equipment.

DEPARTMENT: Fire PREPARED BY: Eric Singleton, Battalion Chief PRESENTER: Doug Hutchison, Fire Chief
ATTACHMENTS:

1. Leavitt Communications Headset Quote

2. Leavitt Communications Minitor-IV Quote

3. Leavitt Communications BKr5000/M150 Quote

4. BKR-5000_Brochure

5. KNGMobileRadio_Brochure
Summary:Council will consider the Capital Improvement Plan (CIP) phase-one purchasing of radio equipment in the amount of $248,311 through Leavitt Communications for the Ukiah Valley Fire Authority (UVFA) to move from analog to digital radio communication equipment.

Background:Due to the Federal Communications Commissions (FCC), all Fire Department Analog Radios (currently, all UVFA radios are analog) are mandated and required to be replaced with Digital Radios. The FCC's move from analog to digital was due to increasing and improving radio efficiency along with meeting the radio spectrum's increasing service demands by Narrow Banding (allowing for additional channels). Currently, all UVFA radios are not capable of changing from analog to digital, placing UVFA out of compliance in which steep fines could be imposed by the FCC. UVFA currently uses the Bendix King GPH5102X-CMD for handhelds and Kenwood TK-790 VHF for mobile radios. Unfortunately, due to the regulations and age of the radios, they are well past their useable service life as they have been in service fifteen plus years. UVFA staff has continually dealt with radios not functioning properly, causing safety issues with not being able to communicate or relay information. Parts for these units are no longer manufactured, causing staff to use recycled parts from other units which are non-operational. Additionally, moving from analog to digital considerably increases the safety of team members while working in the field, allowing for clearer and more constant communications, allowing the UVFA to provide the highest standard of service to the community professionally and safely.

Discussion:As the need to upgrade our communications was identified, UVFA staff planned the replacement of all radio communication devices as a two-phased purchase which was added and approved by the council in the Capital Improvement Plan (CIP) in June of the fiscal year 2021-22. Currently, $225,000 has been identified and set aside for the phase-one purchase (fiscal year 2021-22) along with the phase-two purchase (fiscal year 2022-23) for $153,200. Additionally, UVFA was able to secure an additional $45,000 for the fiscal year 2021-22 through the County of Mendocino from PG&E.

Phase-one purchase completes the purchase of the handheld, mobile, and mobile pager communications for the UVFA. In phase two, UVFA finalizes all radio communications purchases by replacing all station paging systems.

Through the innovative work of the UVFA staff, who researched and tested multiple radio manufacturers, BendixKing radios were selected for their durability, reliability, interoperability (with surrounding agencies), and cost-effectiveness. BendixKing originally started out in radio communications as an aviation-based company in 1948. In 1983, with the merger of a few other communications companies, their service branched out to public

safety (firefighter) and civilian radio communications. BendixKing has since become a leader in the market with their innovation and ideology pushing radio communications into the future, making communications and radio frequencies able to go farther with clearer transmissions.

The BKr5000 VHF (136-174MHz) P-Series was selected for the handheld radios. The P-Series was built and designed for the modern fire service. The button configuration was made to be operated with or without gloves on. Allowing firefighters to use the radios freely navigating multiple channels while in hazardous areas which require protective gear to be worn and remain in place. They are sealed units, which means being sprayed with water will not cause inoperability. Currently, CalFire is transitioning to the BKr5000, easing interoperability with neighboring agencies. Which will also increase the availability of parts along with programming changes from California state radio technicians. Up to 2048 channels can be stored in the units, allowing for the state radio-load to be added, which is currently run statewide, allowing the radios to work regardless of the location (mutual aid requests through OES), which enables communication with adjoining forces. Additionally, for firefighter safety, they have an energy button for Maydays to immediately alert in dangerous life-threatening situations.

For the mobile radios (vehicle radios), the Bendix King KNG M150 VHF (136-174MHz) P25 was selected. The unit is a remote mount, meaning the body and the head of the radio can be installed separately, easing the installation utilizing the best location, allowing for the head of the radio to be placed where it is needed and not be constrained by size. Like the BKr5000, it has 2048 channels, allowing for the state radioload to be uploaded. Maintaining the same manufacturer for both handhelds and mobile radios gives an added bonus for programming and cloning multiple channels, as one unit can clone (program) the rest of the radios, which adds additional cost-savings when changes to programming come about, only having to have one programed, while UVFA staff program the remaining.

The Minitor VI VHF (143-174mhz) 2-5 channel was selected for our portable pagers, for mobile, off-duty, and volunteer paging response. The Minitor was selected for its durability, the ability for multiple frequency programming (open radio channel, emergency callback only, first alarm or greater call, etc.,). Additionally, Minitor was built user-friendly for the end-user, along with user-friendly programming allowing staff to upload and change programming when necessary.

Additional purchases include all accessories needed and required for the operation of radio equipment (microphones, cloning cables, rechargeable and battery operated batteries, vehicle wiring harnesses, antennas, etc.,). This includes the replacement of current apparatus headsets (David Clark Headset-H3432) which are designed to protect team members from hearing loss due to the sound decimal rating produced by sirens, along with maintaining good communications via radio and person to person with pertinent information, allowing for optimal strategic and tactical decisions to be made. As with updating the radios, all the equipment must be updated as well, as current equipment is not compatible.

UFVA staff invested a vast amount of time talking and researching multiple vendors with the priority of cost savings and supply available. Among the vendors for the West Coast include 49er Communications, American Communication Systems, and LEAVITT Communications. UVFA staff secure quotes from all three sources in which LEAVITT Communications had the most cost savings for the items requested.

Recommended Action:Council to approve phase-one purchase of radio communication equipment in the amount of $248,311
BUDGET AMENDMENT REQUIRED: No
CURRENT BUDGET AMOUNT: $270,000
PROPOSED BUDGET AMOUNT: $248,3111
FINANCING SOURCE: 10021210.54100.18240 $225,000 // 10521210.54100.18240 $45,000 PREVIOUS CONTRACT/PURCHASE ORDER NO.:

COORDINATED WITH: Doug Hutchison, Fire Chief

Quote
Date
2/9/2022
Quote #
Veet2TR17B
Name / Address
Ukiah Valley Fire Authority
Tony Selvitella
1500 South State Street
Ukiah, CA 95482-6709
Ship To
Ukiah Valley Fire Authority
Tony Selvitella
1500 South State Street
Ukiah, CA 95482-6709
Terms
Net 25
Rep
PCL
FOB
Our Dock
Project
Phone # Fax # E-mail Web Site
Total
Subtotal
Sales Tax (0.0%)
7508 N. Red Ledge Drive
Paradise Valley, AZ 85253-2850
847-955-0511 270-447-1909 [email protected] http://www.leavittcom.com Qty Item Description Cost Total
30 375.00 11,250.00 H3432 David Clark Headset - H3432
1 27.50 27.50 Federal Express Federal Express Shipping & Handling- Tracking # $11,277.50
$11,277.50

Quote
Date
1/21/2022
Quote #
PO 34202
Name / Address
Ukiah Valley Fire Authority
Tony Selvitella
1500 South State Street
Ukiah, CA 95482-6709
Ship To
Ukiah Valley Fire Authority
Tony Selvitella
1500 South State Street
Ukiah, CA 95482-6709
Terms
Net 25
Rep
PCL
FOB
Our Dock
Project
Phone # Fax # E-mail Web Site
Total
Subtotal
Sales Tax (0.0%)
7508 N. Red Ledge Drive
Paradise Valley, AZ 85253-2850
847-955-0511 270-447-1909 [email protected] http://www.leavittcom.com Qty Item Description Cost Total
A03JAC9JA2AN Minitor VI VHF 143-174mhz, 2-5 channel, NOT UL Stored Voice Pager w/standard charger
20 376.50 7,530.00
1 14.00 14.00 Federal Express Federal Express Shipping & Handling- Tracking # $7,544.00
$7,544.00

Quote
Date
1/14/2022
Quote #
1/14/2022
Name / Address
Ukiah Valley Fire Authority
Tony Selvitella
1500 South State Street
Ukiah, CA 95482-6709
Ship To
Ukiah Valley Fire Authority
Tony Selvitella
1500 South State Street
Ukiah, CA 95482-6709
Terms
Net 25
Rep
PCL
FOB
Our Dock
Project
Phone # Fax # E-mail Web Site
Total
Subtotal
Sales Tax (0.0%)
7508 N. Red Ledge Drive
Paradise Valley, AZ 85253-2850
847-955-0511 270-447-1909 [email protected] http://www.leavittcom.com Qty Item Description Cost Total
BKR5000-T3YC-1 BKR 5000 VHF Radio, M III CMDTop & Front Display, Full Keypad. Includes BKR-BFV VHF, Blue
Tooth & GPS, YELLOW, Belt Clip
49 1,325.00 64,925.00
BKR0810GPS Antenna, GPS, VHF, 136-174MHz,BKR-P Series list

79.31 49 52.50 2,572.50
BBKNG-BLUE150 Antenna, BIG BOOST Blue, 18' Whip, 2.1db Gain 150-170mhz
14 52.50 735.00
BKR0101 Battery Pack, Li-Ion 4900 mAh, Smart, BKR-P Series list $229.00
103 149.00 15,347.00
BKR0120 Battery,Clamshell,12 "AA",Orange Case
list 146.49
60 97.50 5,850.00
BKR0203 Speaker Mike w/3.5mm Jack, IP68 Submersible &
Emergency Button
50 217.50 10,875.00
BKR0303-6 Charger,Smart,Desk Top,6-Bay, BKR-P Series list $875.00 ESTIMATED - not currently available - use
Power Products instead $399.00 each
6 625.00 3,750.00
EC1M-BK3 BKR5000 Single Unit Vehicle Charger w/Mounting Bracket and Radio Holddown Alternate
for LiIon & LiPo Batteries ONLY
1 95.00 95.00
KNG-M150R Mobile Radio, Remote Mount VHF P25, 50 watt, 2048 channel
33 1,560.00 51,480.00
KAA0660 Remote Control Head Kit for KNG - includes KAA0638 install kit)
45 750.00 33,750.00
45 KAA0290S Microphone, Hand Held Programing, Straight Cord 200.00 9,000.00 33 89.50 2,953.50 KAA0636 Cable, Remote Mount, 17' for KNG-R Radio 33 NMO-NTYPE NMO Mobile Antenna Cable w/ N Male Connector 20.00 660.00 33 49.00 1,617.00 MWV1360S VHF Mobile Antenna, 136-174mhz KAA0701 Legacy / KNG Cloning Cable Portable & Mobile D/G Series, KNGP to KNGM
9 297.50 2,677.50
12 112.50 1,350.00 KAA0637 Cable, Remote Mount, 25' for KNG-R Radio BKR0701 Adapter - KNG Cloning & Programming Cables to BKR Radio
9 147.50 1,327.50
1 97.50 97.50 BKR0733-V?? Software, Radio Editor,BKR0733, SPECIFY Version

Quote
Date
1/14/2022
Quote #
1/14/2022
Name / Address
Ukiah Valley Fire Authority
Tony Selvitella
1500 South State Street
Ukiah, CA 95482-6709
Ship To
Ukiah Valley Fire Authority
Tony Selvitella
1500 South State Street
Ukiah, CA 95482-6709
Terms
Net 25
Rep
PCL
FOB
Our Dock
Project
Phone # Fax # E-mail Web Site
Total
Subtotal
Sales Tax (0.0%)
7508 N. Red Ledge Drive
Paradise Valley, AZ 85253-2850
847-955-0511 270-447-1909 [email protected] http://www.leavittcom.com Qty Item Description Cost Total
1 Miscellaneous Self Pay CA Sales Taxes 0.00 0.00
1 175.00 175.00 Federal Express Federal Express Shipping & Handling- Tracking #

$209,237.50
$209,237.50

Power/volume
Channel/zone select
LCD top display
speaker
Programmable
buttons
programmable
alphanumeric
labels
www.bktechnologies.com | [email protected] | 7100 Technology Drive, West Melbourne, FL 32904 we
build
technology
for
heroes
BKR 5000
Portable radio

BKR 5000 - Portable radio
Key Features
The BKR 5000 Portable Radio offers exceptional performance in a lightweight form. With our 70 years of reliability, BK Technologies is honored to serve our everyday heroes with a device that brings dependability when every moment counts.
• Single-Band Configuration
• 5000 MAH LI Smart Battery
• Single Unit Smart Charger
• P25 Conventional
• P25 Phase 1 & 2 Trunking
• Simulcast Operation
• DES & AES FIPS140-2 L2 Encryption
• Integrated GPS/Location Services
• Meets MIL SPEC 810 G & IP68 Specifications
• Advanced System Key
• Enhanced Noise Cancellation
• Loud, Crisp Audio
• USB PC Programmable
• Ruggedized Design with Large, Enhanced,
Gorilla Glass Color Display
• Radio Authentication (LLA)
www.bktechnologies.com | [email protected] | 7100 Technology Drive, West Melbourne, FL 32904 LCD top display
oversized knobs
for gloved hands

Agenda Item No: 11.a.

MEETING DATE/TIME: 2/16/2022
ITEM NO: 2022-1318

AGENDA SUMMARY REPORT
SUBJECT: Approval of Application to Demolish Two Structures over the Age of 50 Years Located at 1100, 1102, and 1104 South State Street.

DEPARTMENT: Community
Development PREPARED BY: Mireya Turner, Planning Manager PRESENTER: Mireya Turner, Planning Manager, Craig
Schlatter, Community Development Director
ATTACHMENTS:

1. Vicinity Map and Site Photos

2. UCC Section 3016, Modifications to the California Building Code

3. Demolition Review Commmittee_Draft Minutes_February 2 2022

4. Memorandum from Building Official
Summary: The City Council will consider approving the demolition of two commercial structures located at 1100, 1102, and 1104 South State Street. Both structures are over 50 years old, and therefore, according to Ukiah City Code, the City Council must hold a public hearing to review and consider the historical and architectural significance of the structures.

Background: On July 7, 2021, an application for a Major Use and Site Development Permit was received by the City from the property owner, Bhupinder Singh to renovate two existing structures located at 1100, 1102, and 1104 South State Street, combining them into a single structure to operate a cannabis retail/dispensary business. During the permit process, the project was amended by the property owner to propose the demolition of the two structures with the replacement of a single, new commercial building. The Major Use and Site Development Permit was approved by the Planning Commission on January 26, 2022, including the condition that City Council must approve the demolition of the existing structures, both more than 50 years old, prior to applying for a demolition permit and building permit.

Property Information
1100/1102 South State Street. The ±734 sf structure was estimated to have been built in 1953, per records of the Mendocino County Assessor’s Office. According to 1984 building permit records, the structure also used the 1100 South State Street address. The structure has housed a variety of commercial uses but has been vacant for the last two years. It is not listed as an historic resource in the Ukiah 1985 Survey of Historic Resources, the 1999 Ukiah Survey of Historic Resources, or the 2020 State Inventory of Historic Resources. 1104 South State Street. According to records of the Mendocino County Assessor’s Office, the ±1,221 sf structure was built in 1948. It is currently occupied by a tax services business and a hair salon. The structure is not listed as an historic resource in the Ukiah 1985 Survey of Historic Resources, the 1999 Ukiah Survey of Historic Resources, or the 2020 State Inventory of Historic Resources. Pictures of the vicinity and the structures are included within Attachment 1.

Demolition Review Committee
Per Ukiah City Code (UCC) Section 3016(b), structures over 50 years old proposed for demolition that do not

meet the exemption criteria of being either an immediate safety hazard or an accessory structure that is not listed on the local historic inventory shall be reviewed by the Demolition Review Committee for their historic or architectural significance (see Attachment 2 for UCC 3016). The Demolition Review Committee is to make a recommendation for consideration by the City Council.

The Demolition Review Committee met on February 2, 2022, to consider if either of the two structures met the criteria listed in UCC Section 3016(e) and had historic or architectural significance. Specifically, the Committee reviewed if either of the buildings:

1. Had a special or particular quality such as oldest, best example, largest, or last surviving example of its kind; or

2. Exemplified or reflect special elements of the city’s cultural, social, economic, political, aesthetic, or architectural history; or

3. Are strongly identified with persons or events significant in local, state, or national history.

The Committee found the structures did not meet the above criteria and unanimously recommended the City Council approve the demolition of the two structures. The draft minutes of this meeting are included as Attachment 3. The memorandum from the Building Official is included as Attachment 4.

Discussion: Per UCC Section 3016(g), the City Council, "shall conduct a public hearing pursuant to subsection D of this section to consider the recommendation of the demolition review committee, and to determine if any of the criteria listed in subsection E of this section apply to the building proposed for demolition. If the City Council determines that any one of the criteria applies, it shall make a corresponding finding to that effect."
Staff recommends Council conduct a public hearing and approve the application to demolish two structures over the age of 50 years located at 1100, 1102, and 1104 South State Street.

Recommended Action: 1) Conduct the public hearing; and 2) Approve the application to demolish two structures located at 1100, 1102 and 1104 South State Street.

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: Demolition Review Committee

ATTACHMENT 1

10/26/21, 10:28 AM Div. 3, Ch. 1, Art. 3 EXCLUSIONS AND MODIFICATIONS https://www.codepublishing.com/CA/Ukiah/#!/html/Ukiah03/Ukiah0301-0300.html 1/11 CHAPTER 1

BUILDING REGULATIONS
ARTICLE 3. EXCLUSIONS AND MODIFICATIONS
SECTION:
§3015: Exclusion
§3016: Modifications To The California Building Code
§3020: Small Residential Rooftop Solar Energy System Review Process §3030: California Building Code Section 105.5
§3031: California Building Code Appendix G, Section G102.3 §3032: California Building Code Appendix G, Section G102.4 §3033: California Building Code Appendix G, Section G102.5 §3034: California Building Code Appendix G, Section G102.6 §3035: California Building Code Appendix G, Section G103.10 §3036: California Residential Code Section R105.5
§3037: California Mechanical Code Section 104.4.3
§3038: California Plumbing Code Section 104.4.3
§3039: California Electrical Code Section 89.108.4.1
§3040: Uniform Code For Building Conservation
§3015 EXCLUSION
The provisions of this chapter shall not apply to any project under the control and jurisdiction of the city of Ukiah, the county of Mendocino, the state of California or the United States unless, and to the extent, the contract or specifications for a particular project specifies compliance with this chapter or any of the model codes adopted herein. (Ord. 838, §1, adopted 1984; Ord. 1103, §1, adopted 2007) ATTACHMENT 2

10/26/21, 10:28 AM Div. 3, Ch. 1, Art. 3 EXCLUSIONS AND MODIFICATIONS https://www.codepublishing.com/CA/Ukiah/#!/html/Ukiah03/Ukiah0301-0300.html 2/11 §3016 MODIFICATIONS TO THE CALIFORNIA BUILDING CODE
A. The section of the California building code, relating to applications for building permits is modified to require in an application to demolish a building, the date when the building was first constructed, if known. The terms "demolish" or "demolition", as used in this section, shall mean: 1) the tearing down of all or part of a building or 2) the cumulative alteration of a building pursuant to one or more building permits issued over a five (5) year period, where fifty percent (50%) or more of the structural or exterior components of the building are removed or replaced. The review required by this section shall occur with the application for the permit that: 1) results in the tearing down of all or part of the building or 2) authorizes the cumulative alteration of the building that equals or exceeds the specified percentage.

B. The section of the California building code, relating to the issuance of a building permit, is modified to require that, as to buildings constructed fifty (50) years or more prior to the date of application, the director of planning or his/her designee shall determine whether:

1. The building is an accessory building such as, but not limited to, a garage, storage shed, or carport, whether attached or detached to a main building; except that certain accessory buildings, such as carriage houses, which are presumed to have historic or architectural significance shall be subject to further review as provided in subsection D of this section, unless the building is subject to demolition under subsection B2 of this section.

2. Immediate demolition of the building is necessary to protect the public health or safety and the failure to immediately demolish the building would constitute a serious threat to the public health or safety.

C. If subsection B1 or B2 of this section applies to the building, no further review shall be required under this section and the permit shall be issued in accordance with the provisions of the California building code.

D. If the planning director finds that neither of the exceptions in subsection B1 or B2 of this section applies to the building, a building permit to demolish a building shall be subject to further review in accordance with this section. The planning director shall transmit the proposal to the demolition review committee, or other official reviewing body established by the city council, for review, comment, and a recommendation to the city council. Once the demolition review committee formulates a recommendation concerning the disposition of the proposed permit, the planning director shall schedule and duly notice the matter for a public hearing and decision by the city council. The public noticing shall indicate the day, time, place, and purpose of the public hearing, and how additional

10/26/21, 10:28 AM Div. 3, Ch. 1, Art. 3 EXCLUSIONS AND MODIFICATIONS https://www.codepublishing.com/CA/Ukiah/#!/html/Ukiah03/Ukiah0301-0300.html 3/11 information about the subject matter can be obtained. The public noticing shall be accomplished in the following manner:

1. Publication in a newspaper of general circulation in the city at least ten (10) days prior to the hearing.

2. Mailing or delivery at least ten (10) days prior to the hearing to the owner(s) of the subject property, or his/her agent, and to the project applicant, if the applicant is not the owner.

3. First class mail notice to all owners (as shown on the latest available Mendocino County tax assessor’s equalized assessment roll) of property within three hundred feet (300’) of the subject property.

E. In reviewing proposed permits, and formulating recommendations to the city council, the demolition review committee shall consider any information provided during the meeting, and shall use the following criteria. The structure:

1. Has a special or particular quality such as oldest, best example, largest, or last surviving example of its kind; or

2. Exemplifies or reflects special elements of the city’s cultural, social, economic, political, aesthetic, or architectural history; or

3. Is strongly identified with persons or events significant in local, state, or national history.

F. If the demolition review committee finds that any of the criteria listed in subsection E of this section apply to the building proposed for demolition, it shall recommend denial of the permit to the city.

G. 1. The city council shall conduct a public hearing pursuant to subsection D of this section to consider the recommendation of the demolition review committee, and to determine if any of the criteria listed in subsection E of this section apply to the building proposed for demolition. If the city council determines that any one of the criteria applies, it shall make a corresponding finding to that effect.

2. At the hearing, the applicant shall have the opportunity to present evidence that a viable market does not exist for the building, taking into account the condition of the building, the probable cost to put the building into marketable condition, and the uses of the property allowed under existing or probable future zoning regulations. The city council shall consider such evidence offered by the applicant and any other information presented at the meeting by any

10/26/21, 10:28 AM Div. 3, Ch. 1, Art. 3 EXCLUSIONS AND MODIFICATIONS https://www.codepublishing.com/CA/Ukiah/#!/html/Ukiah03/Ukiah0301-0300.html 4/11 interested party or by staff, to determine whether or not a viable market exists. "Viable market" means that it is reasonably likely that the building could be sold within a commercially reasonable period of time for more than the seller would be required to invest in the purchase of the property and preparing the property for sale, or that the property could produce a reasonable return on the amount of money it would take to purchase the property and prepare the building for income producing purposes. "Reasonable return" means the average rate of return on real estate investments in the Ukiah Valley.

3. If the city council determines that a viable market exists:
a. It shall so notify the building official who shall not issue the permit. The city council shall determine whether a viable market exists based on substantial evidence presented at the hearing, or, it may assume that a viable market exists, if the applicant fails to present substantial evidence that a viable market does not exist; b. Not more than once within any twelve (12) month period, the applicant may submit a new application for a permit and the city council may reconsider whether a viable market exists:
(1) Upon a showing by the applicant that market conditions have changed; or (2) Based upon new information that in the exercise of reasonable diligence the applicant could not have produced at the first hearing.

4. If the city council determines, based on substantial evidence, that a viable market does not exist, the issuance of the permit shall be stayed for a period of ninety (90) days. a. During that ninety (90) day period, the city shall do the following:
(1) Determine whether other alternatives to demolition exist, which are acceptable to the applicant, that would preserve the historic, architectural or cultural significance of the building;
(2) Determine whether funds are available from any private source for the acquisition and preservation of the building through a negotiated purchase on terms acceptable to the applicant; or
(3) If sufficient funds are available from any private source and a negotiated purchase is not possible, determine whether to acquire the building through eminent domain.

10/26/21, 10:28 AM Div. 3, Ch. 1, Art. 3 EXCLUSIONS AND MODIFICATIONS https://www.codepublishing.com/CA/Ukiah/#!/html/Ukiah03/Ukiah0301-0300.html 5/11 b. If within the ninety (90) days, the city does not reach agreement with the applicant or commence acquisition of the building, the building official may issue the permit in accordance with the provisions of the California building code. c. If within the ninety (90) day period, the city either: 1) reaches agreement with the applicant or 2) commences acquisition of the building, the building official shall not issue the permit. d. However, the building official shall continue to process the application for the permit in accordance with the California building code, if the city and the applicant terminate their agreement or the city fails to diligently pursue or abandons acquisition of the building. e. The city manager or his/her designee shall inform the building official whenever the city and the applicant terminate their agreement or the city fails to diligently pursue or abandons acquisition of the building.
f. If the building official has issued a demolition permit under this subsection and the permittee applies to extend the permit an additional one hundred eighty (180) days in accordance with the applicable provisions of the California building code then in effect, the building official shall refer the application to the city manager for an initial determination as to whether market conditions have changed. The city manager shall make the determination within ten (10) days after the application is referred by the building official. If the city manager determines that market conditions may have changed and that a viable market may exist for the property, he or she shall schedule the matter for a hearing before the city council to be noticed and conducted in accordance with subsection D of this section and this subsection G. However, at the hearing the city shall have the burden of proving by a preponderance of the evidence that market conditions have changed and a viable market exists. If the city manager determines that market conditions have not changed, he or she shall so notify the building official and the applicant. Upon such notification, the building official shall further process the application to extend the term of the permit in accordance with the requirements of the California building code then in effect. If the city council conducts a hearing upon referral by the city manager, the city clerk shall provide written notification to the building official and the applicant of the city council decision. If the city council decides that a viable market exists, the building official shall not issue the permit, but the provisions of subsection G3b of this section shall apply. If the city council decides that a viable market does not exist, the building official immediately shall proceed to further process the application in accordance with the applicable provisions of the California building code then in effect.

10/26/21, 10:28 AM Div. 3, Ch. 1, Art. 3 EXCLUSIONS AND MODIFICATIONS https://www.codepublishing.com/CA/Ukiah/#!/html/Ukiah03/Ukiah0301-0300.html 6/11

5. "Diligently pursue acquisition" means taking all steps within the time required by law to acquire the building by eminent domain.

6. References to "applicant" herein shall include the building owner.

H. The planning director shall provide a written notice of the city council determination to the applicant. The written notification shall be mailed or hand delivered within five (5) days from the date of the city council’s decision. The notice shall include the finding(s) and decision made by the city council and a copy of this section.

I. The applicant for a permit for a building determined to have historic, architectural or cultural significance shall salvage the building materials for reuse to the maximum extent feasible, and shall ensure that upon completion of the demolition, the site is left in a safe, presentable, and clutter free condition.

J. 1. Grounds For Reconsideration: The city council may reconsider a decision under this section within sixty (60) calendar days from the date the decision was made, if information that may have materially affected the decision was: a) misrepresented by the applicant, or b) not disclosed by the applicant, if the applicant knew or should have known that the information may have affected the city council decision. "Information" as used herein means matters of fact or law.

A decision may not be reconsidered, if all three (3) of the following have occurred: The permit: a) has been issued, b) did not at the time it was issued violate any provision of the California building code, as adopted by the city, or any other city ordinance or state or federal law, and c) the permittee has commenced demolition in good faith reliance on the permit.

2. Procedure On Reconsideration: Reconsideration of a decision under this section may be placed on the agenda for a regular city council meeting by any member of the city council who voted in favor of the original decision. Notice of any meeting where reconsideration is on the agenda shall be provided in accordance with subsection D of this section. If already issued, the permit shall be suspended from the date that an eligible city council member requests that the matter be placed on the agenda and until the city council makes a final decision upon reconsideration. The building official shall notify the applicant in writing of the permit suspension.

At the meeting, the city council shall determine, based on evidence provided to the city prior to or during the meeting, whether reconsideration is permitted under subsection J1 of this section. Any motion to reconsider the decision shall contain findings supported by substantial evidence. If upon reconsideration the city council makes a different decision, the city clerk shall provide notice of that decision to the building official and the applicant/permittee within five (5) working days after the decision is made. If, upon reconsideration, the city council determines that a

10/26/21, 10:28 AM Div. 3, Ch. 1, Art. 3 EXCLUSIONS AND MODIFICATIONS https://www.codepublishing.com/CA/Ukiah/#!/html/Ukiah03/Ukiah0301-0300.html 7/11 building has historic, architectural, or cultural significance, and the building official has issued a permit based on the previous decision, the building official shall revoke the permit. If the previously issued permit has expired, the building official shall deny an application for a new permit, unless the permit is issued in accordance with subsection G4 of this section. (Ord. 838, §1, adopted 1984; Ord. 927, §1, adopted 1992; Ord. 1014, §1, adopted 1998; Ord. 1103, §1, adopted 2007)
§3020 SMALL RESIDENTIAL ROOFTOP SOLAR ENERGY SYSTEM REVIEW PROCESS A. The following words and phrases as used in this section are defined as follows:
"Electronic submittal" means the utilization of one or more of the following:

1. E-mail;

2. The Internet;

3. Facsimile.
"Small residential rooftop solar energy system" means all of the following:

1. A solar energy system that is no larger than ten (10) kilowatts alternating current nameplate rating or thirty (30) kilowatts thermal.

2. A solar energy system that conforms to all applicable state fire, structural, electrical, and other building codes as adopted or amended by the City and paragraph (iii) of subdivision (c) of section 714 of the Civil Code, as such section or subdivision may be amended, renumbered, or redesignated from time to time.

3. A solar energy system that is installed on a single or duplex family dwelling.

4. A solar panel or module array that does not exceed the maximum legal building height as defined by the authority having jurisdiction.
"Solar energy system" has the same meaning set forth in paragraphs (1) and (2) of subdivision (a) of section 801.5 of the Civil Code, as such section or subdivision may be amended, renumbered, or redesignated from time to time.

B. Section 65850.5 of the California Government Code provides that, on or before September 30, 2015, every city, county, or city and county shall adopt an ordinance that creates an expedited, streamlined permitting process for small residential rooftop solar energy systems.

10/26/21, 10:28 AM Div. 3, Ch. 1, Art. 3 EXCLUSIONS AND MODIFICATIONS https://www.codepublishing.com/CA/Ukiah/#!/html/Ukiah03/Ukiah0301-0300.html 8/11 C. Section 65850.5 of the California Government Code provides that in developing an expedited permitting process, the city, county, or city and county shall adopt a checklist of all requirements with which small rooftop solar energy systems shall comply to be eligible for expedited review. The Building Official is hereby authorized and directed to develop and adopt such checklist.

D. The checklist shall be published on the City’s Internet website together with any required permit processing and inspection fees. In the case of electronic submittal, the electronic signature of the applicant on all forms, applications and other documentation may be used in lieu of a wet signature.

E. Prior to submitting an application, the applicant shall:

1. Verify to the applicant’s reasonable satisfaction through the use of standard engineering evaluation techniques that the support structure for the small residential rooftop solar energy system is stable and adequate to transfer all wind, seismic, and dead and live loads associated with the system to the building foundation; and

2. At the applicant’s cost, verify to the applicant’s reasonable satisfaction using standard electrical inspection techniques that the existing electrical system including existing line, load, ground and bonding wiring as well as main panel and subpanel sizes are adequately sized, based on the existing electrical system’s current use, to carry all new photovoltaic electrical loads.

F. For a small residential rooftop solar energy system eligible for expedited review, only one inspection shall be required, which shall be done in a timely manner and may include a consolidated inspection by the Building Official and Fire Chief. If a small residential rooftop solar energy system fails inspection, a subsequent inspection is authorized; however, the subsequent inspection need not conform to the requirements of this subsection.

G. An application that satisfies the information requirements in the checklist, as determined by the Building Official, shall be deemed complete. Upon receipt of an incomplete application, the Building Official shall issue a written correction notice detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance.

H. Upon confirmation by the Building Official of the application and supporting documentation being complete and meeting the requirements of the checklist, the Building Official shall administratively approve the application and issue all required permits or authorizations. Such approval does not authorize an applicant to connect the small residential rooftop energy system to the local utility provider’s electricity grid. The applicant is responsible for obtaining such approval or permission from the local utility provider. (Ord. 1162, §1, adopted 2015)

10/26/21, 10:28 AM Div. 3, Ch. 1, Art. 3 EXCLUSIONS AND MODIFICATIONS https://www.codepublishing.com/CA/Ukiah/#!/html/Ukiah03/Ukiah0301-0300.html 9/11 §3030 CALIFORNIA BUILDING CODE SECTION 105.5
Section 105.5 is amended as follows:

Every permit issued by the Building Official under the provisions of this code shall expire by limitation and become null and void unless a required inspection is received and signed off within 180 days after its issuance or within 180 days of the last received and signed off inspection. If a permit expires, the permittee may apply to reinstate the permit, subject to a fee established from time to time by resolution of the City Council. (Ord. 1128, adopted 2010; Ord. 1142, §1, adopted 2013)
§3031 CALIFORNIA BUILDING CODE APPENDIX G, SECTION G102.3 California Building Code Appendix G, Section G102.3, is added as follows:

Legal Authority Authorizing Regulation of Land Use. The legal authority authorizing the regulation of land use includes California Government Code Sections 65302, 65560 and 65800, authorizing local governments to promote the public health, safety, and general welfare of its residents through the adoption of zoning and subdivision ordinances, the authorities cited in the California Building Standards Code and the other codes adopted in this Division 3 of the Ukiah City Code and in the subdivision and zoning regulations contain in Division 9 of this Code. (Ord. 1171, §2, adopted 2016)
§3032 CALIFORNIA BUILDING CODE APPENDIX G, SECTION G102.4 California Building Code Appendix G, Section G102.4, is added as follows:

Abrogation and Greater Restrictions. These regulations supersede any ordinance in effect in flood hazard areas.

However, these regulations are not intended to repeal or abrogate any existing ordinances including land development regulations, subdivision regulations, zoning ordinances, storm water management regulations, or building codes. In the event of a conflict between these regulations and any other ordinance, code, or regulation, the more restrictive shall govern.
(Ord. 1171, §2, adopted 2016)
§3033 CALIFORNIA BUILDING CODE APPENDIX G, SECTION G102.5 California Building Code Appendix G, Section G102.5, is added as follows:

Disclaimer of Liability. The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This ordinance does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This ordinance shall not create liability on the part of the City of Ukiah, any officer or employee thereof, the State of California, or the Federal Emergency Management Agency, for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made hereunder. (Ord. 1171, §2, adopted 2016)
§3034 CALIFORNIA BUILDING CODE APPENDIX G, SECTION G102.6 California Building Code Appendix G, Section G102.6, is added as follows:

10/26/21, 10:28 AM Div. 3, Ch. 1, Art. 3 EXCLUSIONS AND MODIFICATIONS https://www.codepublishing.com/CA/Ukiah/#!/html/Ukiah03/Ukiah0301-0300.html 10/11 Severability. This Chapter and the various parts thereof are hereby declared to be severable. Should any section of this Chapter be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the Chapter as a whole, or any portion thereof other than the section so declared to be unconstitutional or invalid. (Ord. 1171, §2, adopted 2016)
§3035 CALIFORNIA BUILDING CODE APPENDIX G, SECTION G103.10 California Building Code Appendix G, Section G103.10, is added as follows:

Requirement to Submit New Technical Data. The Building Official shall require applicants who submit hydrologic and hydraulic engineering analyses to support permit applications to submit to the Federal Emergency Management Agency the data and information necessary to maintain the Flood Insurance Rate Maps if the analyses propose to change the base flood elevations, flood hazard area boundaries, or floodway designations; such submissions shall be made within 6 months of such data becoming available.
(Ord. 1171, §2, adopted 2016)
§3036 CALIFORNIA RESIDENTIAL CODE SECTION R105.5
California Residential Code Section R105.5 is amended as follows:

Every permit issued by the Building Official under the provisions of this code shall expire by limitation and become null and void unless a required inspection is received and signed off within 180 days after its issuance or within 180 days of the last received and signed off inspection. If a permit expires, the permittee may apply to reinstate the permit, subject to a fee established from time to time by resolution of the City Council. (Ord. 1128, adopted 2010; Ord. 1142, §1, adopted 2013; Ord. 1171, §2, adopted 2016. Formerly 3031.) §3037 CALIFORNIA MECHANICAL CODE SECTION 104.4.3
California Mechanical Code Section 104.4.3 is amended as follows:

Every permit issued by the Building Official under the provisions of this code shall expire by limitation and become null and void unless a required inspection is received and signed off within 180 days after its issuance or within 180 days of the last received and signed off inspection. If a permit expires, the permittee may apply to reinstate the permit, subject to a fee established from time to time by resolution of the City Council. (Ord. 1128, adopted 2010; Ord. 1142, §1, adopted 2013; Ord. 1171, §2, adopted 2016. Formerly 3032.) §3038 CALIFORNIA PLUMBING CODE SECTION 104.4.3
California Plumbing Code Section 104.4.3 is amended as follows:

Every permit issued by the Building Official under the provisions of this code shall expire by limitation and become null and void unless a required inspection is received and signed off within 180 days after its issuance or within 180 days of the last received and signed off inspection. If a permit expires, the permittee may apply to reinstate the permit, subject to a fee established from time to time by resolution of the City Council. (Ord. 1128, adopted 2010; Ord. 1142, §1, adopted 2013; Ord. 1171, §2, adopted 2016. Formerly 3033.) §3039 CALIFORNIA ELECTRICAL CODE SECTION 89.108.4.1
California Electrical Code Section 89.108.4.1 is amended as follows:

10/26/21, 10:28 AM Div. 3, Ch. 1, Art. 3 EXCLUSIONS AND MODIFICATIONS https://www.codepublishing.com/CA/Ukiah/#!/html/Ukiah03/Ukiah0301-0300.html 11/11 Every permit issued by the Building Official under the provisions of this code shall expire by limitation and become null and void unless a required inspection is received and signed off within 180 days after its issuance or within 180 days of the last received and signed off inspection. If a permit expires, the permittee may apply to reinstate the permit, subject to a fee established from time to time by resolution of the City Council. (Ord. 1171, §2, adopted 2016)
§3040 UNIFORM CODE FOR BUILDING CONSERVATION
(Ord. 913, §4, adopted 1990; Rep. by Ord. 1103, §1, adopted 2007) The Ukiah City Code is current through Ordinance 1216, passed September 1, 2021.

Disclaimer: The City Clerk’s office has the official version of the Ukiah City Code. Users should contact the City Clerk’s office for ordinances passed subsequent to the ordinance cited above.

City Website: http://www.cityofukiah.com/
City Telephone: (707) 463-6217
Code Publishing Company

CITY OF UKIAH

DEMOLITION PERMIT REVIEW

COMMITTEE MEETING

MINUTES
FEBRUARY 2, 2022

1. CALL TO ORDER
Chair Craig Schlatter called the Demolition Permit Review Committee meeting to order at 3:00 p.m. via Zoom teleconference.

Chair Schlatter presiding.

2. ROLL CALL
Members Present: Matt Keizer, Building Official, Community Development Department – Building Division, Alyssa Ballard, Archivist & Historian, Historical Society of Mendocino County, Tim Eriksen, City Engineer, and Chair Craig Schlatter, Director, Community Development Department
Members Absent: None
Staff Present: Mireya Turner, Planning Manager
Others present: Joti Chandi

3. APPROVAL OF MINUTES – December 28, 2021
Motion/Second Eriksen/Ballard to approve the minutes of December 28, 2021, as submitted. Motion carried by the following roll call vote: AYES: Members Eriksen, Keizer, Ballard, and Schlatter. NOES: None. ABSTAIN: None. ABSENT: None

4. COMMENTS FROM AUDIENCE ON NON-AGENDA ITEMS
None.

5. APPEAL PROCESS
There is no formal process of decisions made by the Committee, as all decisions are advisory to the City Council.

6. NEW BUSINESS
a. Request for Review and Recommendation to the City Council Regarding an Application for Demolition of Two Structures Over the Age of 50 Years Old Located at 1100, 1102 & 1104 South State Street (APNs 003-130-09 & 003-530-11).

Planning Manager Mireya Turner presented the Project.

PUBLIC INPUT OPENED: 2:12 p.m.

Speakers: Joti Chandi
PUBLIC INPUT CLOSED: 2:14 p.m.

ATTACHMENT 3

Motion/Second: Eriksen/Keizer to recommend City Council approval of the demolition permit to demolish the building located at 1100, 1102 & 1104 South State Street, based on the criteria listed in UCC Section 3016.

Motion carried by the following roll call vote: AYES: Members Eriksen, Keizer, Ballard, and Schlatter. NOES: None ABSENT: None ABSTAIN: None

7. UNFINISHED BUSINESS
None

8. ADJOURNMENT
There being no further business, the meeting adjourned at 2:17 p.m.

BUILDING DIVISION
Email:
[email protected]
Web: cityofukiah.com
Phone: 707-467-5786
Fax: 707-463-6204
Interoffice MEMORANDUM
To: Mireya Turner, Planning Manager
From: Matt Keizer, Building Official
Date: January 21, 2022
RE: Demolition Permit for Structure more than 50 Years Old Address: 1102 & 1104 S. State Street
APN: 003-130-09 & 003-530-11
On January 21, 2022, I reviewed the Demolition Permit application materials and performed a site visit of 1102 & 1104 S State st. The building is not included in the City of Ukiah’s Historic Resources Survey (last updated in 1999), nor is it listed in the State of California’s inventory of historic resources or National Register of Historic Places.

The building is of Type V-B construction (wood) and I have not found anything that would be Historical in any way. I therefore recommend the approval of demolition.

The Building Division has reviewed the above-referenced demolition permit and made the following determination: Recommend the approval of demolition
The applicant is required to obtain air-quality clearance from the Air Quality Management District prior to obtaining a demolition permit from the Building Division.

Matt Keizer, Building Official
ATTACHMENT 4

Agenda Item No: 11.b.

MEETING DATE/TIME: 2/16/2022
ITEM NO: 2022-1338

AGENDA SUMMARY REPORT
SUBJECT: Conduct a Public Hearing and Consider Adopting Respective Resolutions Authorizing Electric Revenue Bonds, Series 2022 to Make Capital Improvements to the City's Electric System.

DEPARTMENT: Finance PREPARED BY: Dan Buffalo, Finance Director PRESENTER: Dan Buffalo, Finance Director
ATTACHMENTS:

1. City Reso - Ukiah Electric

2. Authority Reso - Ukiah Electric

3. Installment Sale Agmt

4. Indenture

5. POS

6. Purchase Contract
Summary:

The City Council will consider adopting respective resolutions authorizing revenue bonds, Series 2022 to make capital improvements to the City's electric system. The terms and the amounts presented in this report are subject to change. This item has been placed on the agenda to allow Council the ability to consider authorization should it be deemed warranted.

Background: The City has developed a capital financing strategy to take advantage of current municipal financial market rates to engage in and complete certain capital projects at a lower cost than other ordinary alternatives. It intends to issue debt to finance these projects, funded by revenues generated by the City's electric utility. Proceeds from the Revenue Bonds, Series 2022 (the “Bonds”) will be used to make capital improvements to the City’s electric system.

City staff worked with its municipal advisor (NHA Advisors, LLC) to develop a financing plan and engage bond counsel (Jones Hall), an underwriter (Piper Sandler), and other parties to complete the financing.

The Ukiah Public Financing Authority (the “Authority”) will be used as the conduit entity to assist in the financing as the counterparty to the various legal agreements and as issuer of the Bonds in an aggregate amount of not-to-exceed Eleven Million Dollars ($11,000,000). This not-to-exceed amount includes issuance costs and any potential discounts and premiums from the sale. It is anticipated that the Bonds will be repaid over a 20-year term.

Discussion: The Financing Documents are being presented to the City Council as “form-only documents.” The final form of the documents will be produced at this time because the exact amounts, dates, and certain other information will not be known until the actual sale date. The resolutions (Attachments #1 and #2) authorize and direct certain City and Authority officers and staff respectively to finalize the Financing Documents as and when appropriate, and to do all things necessary to provide for the issuance of the Bonds.

If the final terms for any reason should fall outside of expected parameters, Staff will return for further direction before finalizing the transaction. Attachment 1 is for City adoption, while Attachment 2 is for Authority consideration and presented here for reference.

The Financing Documents, and a brief description of each, are as follows: