Ukiah City Council
December 18, 2024

ATTACHMENT 1

Vicinity Map
Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community County Boundary
Parcels
Private Roads
Public Roads
Highways
Communities
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Katherine Schaefers
Maxar, Microsoft |
420 Cooper Lane
APN 003-582 -24

Structure proposed for demolition
420 Cooper Lane - Street View looking East into the Property Public Notice posted on Border of Property looking East, and in front of Residence Residence to be Demolished
Photo credit - Sydney Fishman/Bay City News
Street View

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C2 D42 P43 (Amended)
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Ukiah City 3 - 58
1" 150'
Assessor's Map
County of Mendocino, Calif.

July 5, 2023
NOTE: This map was prepared for
assessment purposes only. No liability
is assumed for the data delineated
hereon.
18 57
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Suspect Asbestos Sample Results for Demolition
From: Air Environmental LLC
P.O. Box 294
Santa Rosa, Ca 95402
To: Attn: Moriah McGill
Northern Circle Indian Housing
Authority
Date: 10-25-24
Address: 420 Cooper Ln, Ukiah, CA 95482
Date of testing: 10-18-24
Per your request, Air Environmental performed suspect asbestos bulk sampling at the above referenced location. The purpose of this sample collection was to ascertain the presence or absence of asbestos in the suspect, Presumed Asbestos-Containing Material (PACM) / Asbestos Containing Building Material (ACBM), that will be disturbed during demolition and other work activities.

This sample collection does not include any areas other than the areas and materials listed in this report. If additional hidden materials are found such as transite inside walls or post tension cable sheathing in foundations please stop all work and call us for additional testing. (see attached chain of custody forms and sampling area plan for listed sample locations) During the course of this asbestos inspection (53) bulk samples were collected with the subsequent analysis of (92) discrete samples. The samples collected were cataloged on site and then delivered, Via FedEx, to Environmental Testing Laboratories for analysis by Polarized Light Microscopy (PLM¹). The analysis of the samples showed asbestos present in sample numbers listed on page 2. (also see attached laboratory report) Air Environmental did not sample materials that were visibly identified as non-asbestos (fibrous glass, foam rubber, wood, etc.).

An asbestos survey consisted of three steps: 1) a visual inspection of the site. 2) a determination of homogeneous areas with suspect surfacing, thermal system insulation, and miscellaneous materials. 3) sampling friable and non-friable suspect materials if found.

Sample Analysis
Sample # Location Description Asbestos %
B1-B3 layer 2 Pantry & Kitchen Wall Texture 1.25% Chrysotile B4-B5 layer 2 Front Room Wall Texture 1.5% Chrysotile
B14-B15 layer 1 Pantry & Kitchen Floor Sheet Vinyl 1.5% Chrysotile Asbestos Information
The Code of Federal Regulations (CFR), 40 CFR 61, Subpart M, National Emissions Standards for Hazardous Air Pollutants (NESHAP) and Federal Occupational Safety and Health Administration (FED OSHA) classify asbestos-containing material (ACM) as any material or product that contains greater than 1% asbestos. Non-friable ACM is classified by NESHAP as either Category I or Category II material defined as follows:
 Category I – asbestos-containing packings, gaskets, resilient floor coverings, and asphalt roofing products.
 Category II – all remaining types of non-friable asbestos-containing material not included in Category I that when dry, cannot be crumbled, pulverized, or reduced to powder by hand pressure.

Regulated asbestos-containing material (RACM), a hazardous waste, is classified as any manufactured material that contains greater than 1% asbestos by dry weight and is:
 Friable (can be crumbled, pulverized, or reduced to powder by hand pressure); or  Category I material that has become friable; or
 Category I material that has been subjected to sanding grinding, cutting or abrading; or  Category II non-friable material that has a high probability of becoming crumbled, pulverized, or reduced to a powder during demolition or renovation activities.

A homogeneous area shall be determined to contain asbestos based on a finding that the results of at least one sample collected from that area shows that asbestos is present. “Asbestos-containing construction material” (ACCM) means any manufactured construction material which contains more than one tenth of 1 percent asbestos by weight.

More than 50 countries, including the United Kingdom, Australia and all 28 countries of the European Union have banned the use of asbestos. However the U.S. continues to import and use asbestos with no plan for stricter regulations in place. We now know for certain that all forms of asbestos can cause mesothelioma, lung cancer and other chronic respiratory conditions. Although it is highly regulated in the U.S. asbestos continues to be used in hundreds of consumer products as long as it accounts for less than one percent <1% of the product by dry weight.

Activities that disturb materials containing asbestos are subject to certain requirements of the Cal/OSHA asbestos standard contained in Title 8, CCR Section 1529. Typically, removal or disturbance of more than 100 square feet of material containing more than 0.1% asbestos must be performed by a DOSH registered asbestos abatement contractor. Materials containing more than 1% asbestos are also subject to NESHAP regulations (40 CFR Part 61, Subpart M). RACM (friable ACM and non-friable ACM that will become friable during demolition operations) must be removed from structures prior to demolition.

Certain non-friable ACM and materials containing 1% or less asbestos may remain in structures during demolition; however, there are waste handling/disposal issues and Cal/OSHA work requirements that may make it cost ineffective to do so. Contractors are responsible for segregating and characterizing waste streams prior to disposal. With respect to potential worker exposure, notification, and registration requirements, Cal/OSHA defines asbestos-containing construction material as material that contains more than 0.1% asbestos (Title 8, CCR 341.6).

The Department of Toxic Substances Control (DTSC) classifies asbestos-containing material as a hazardous waste if it is “friable” and contains one percent (1.0%) or more asbestos as hazardous waste. A friable waste is one that can be reduced to a powder or dust under hand pressure when dry. This classification standard is given in California Code of Regulations, section 66261.24. Because the United States Environmental Protection Agency (U.S.EPA) does not regulate asbestos as hazardous waste under the Resource Conservation and Recovery Act (RCRA), it is considered to be a “non-RCRA, or “California-only” hazardous waste.

Joshua Leard, Nathanael Cowan
Certified Asbestos Consultants
Joshua CA DOSH #21-6967
Nathanael CA DOSH #24-7690
Office: 707-408-2080
Joshua Leard: 707-322-3183
Nathanael Cowan: 707-888-3584
[email protected]
¹ (PLM) Polarized Light Microscopy EPA Method 600/R-93-116 ² (NESHAP) National Emission Standards for Hazardous Air Pollutants

PROJECT REVIEW REFERRAL
Please provide comments by:

The City of Ukiah Community Development Department is soliciting input on the project described below for use in the staff analysis, CEQA document, and public hearing documents. Please identify any questions you have or missing information you need to complete your review, as well as suggested Conditions of Approval.

Please indicate whether you have comments and sign and date below. Return this Project Referral Form by the date noted above to the Project Planner listed.

Name and Affiliation/Department (please print) _____________________________________________________ ☐ No Comment
☐ Comments / Conditions of Approval Attached
Signature Date
TO:

City Planning Manager
City Building Official
City Public Works Dept.

Ukiah Valley Fire Authority
City CDD Director
Historical Society of Mendocino County
Mendocino County Assessor
City Electrical Utility
FROM PROJECT PLANNER:

PROJECT INFORMATION:

Project Name & Permit #:

Site Address & APN:

General Plan:

Zoning:

Airport Compatibility Zone:

Date Filed:

Resubmittal:

Date Referred:

Prev. Projects on Site (include file #)
Applicant/Agent Name:

Phone:

Email:

Project Summary:

Other:

ATTACHMENT 2

Caution: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

From: Elizabeth Gonzalez
To: Katherine Schaefers
Subject: RE: Agency Review & Referral Request - 420 Cooper Street (Structure > 50 Years of Age) Date: Friday, November 8, 2024 10:03:26 AM
Attachments: image002.png
image004.jpg
image006.png
image001.png
image007.jpg
Project Referral Response Form_420 Cooper Lane.pdf
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.

Hello Katherine,
Attached to this email is the referral packet request. Reviewing our building records, the single-family residence on 420 Cooper Lane was built in 1953.

Let me know if you need any more information from the Assessor’s office.

Have a wonderful weekend,
Elizabeth Gonzalez
Real Property Appraiser 2
Mendocino County Assessor’s Office
Katrina Bartolomie, Assessor
501 Low Gap Road, Room 1020
Ukiah, CA 95482
Direct (707) 234-6805
[email protected]
From: Katherine Schaefers <[email protected]>
Sent: Tuesday, November 5, 2024 4:08 PM
Subject: Agency Review & Referral Request - 420 Cooper Street (Structure > 50 Years of Age) Good afternoon,
Please review and respond to the attached project referral request from the City of Ukiah

for:

Structure > 50 Years of Age – Demolition
420 Cooper Lane; (APN 003-582-24)
File No. #24-001454
Proposed Project: On October 29, 2024, the applicant submitted a permit request to demolish a roughly 70-year-old vacant residential structure to develop an Inter-Tribal Elder Village to include 15 dwellings, a recreation center, parking and green space. Since the building is over 50 years old, this request is subject to a particular review process in accordance with Ukiah City Code Section 3016. For reference, the subject structure is not listed on the City’s Ukiah Historical and Architectural Survey Update (1999), nor is it included in the Ukiah Architectural and Historical Resources Inventory Report (1985).

Referral Deadline – 3pm, Friday 11/15/24: Please respond directly to Planning Division Staff by providing written comments on the referral request packet (attached). Separate written correspondence is also acceptable. If you will require additional time to review past the deadline, please let me know. The project will be heard before the Demolition Review Committee followed by the City Council on dates TBD. Your review and response to this project referral are appreciated.

Should you have any questions or require further information, please do not hesitate to reach out. Thank you for your attention to this matter.

Sincerely,
Katherine Schaefers
Planning Manager
Department of Community Development
300 Seminary Avenue, Ukiah, CA 95482
P: 707.463.6203
//www.cityofukiah.com/community-development
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§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 ATTACHMENT 3

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 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 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.
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.

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 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)

CITY OF UKIAH

DEMOLITION PERMIT REVIEW COMMITTEE

SPECIAL MEETING

DRAFT MINUTES
NOVEMBER 22, 2024

1. CALL TO ORDER
Chair Craig Schlatter called the Demolition Permit Review Committee meeting to order at 10:00 a.m. in person and via Zoom teleconference.

Chair Schlatter Presiding.

2. 3.

ROLL CALL
Members Present: Chair Craig Schlatter, Director, Community Development Department; Member Tim Eriksen, City Engineer; Member Alyssa Ballard, Mendocino County Historical Society; Member Matthew Keizer, Chief Building Official, Community Development Department
Staff Present: Jesse Davis, Chief Planning Manager; Katherine Schaefers, Planning Manager Others present: None

APPROVAL OF MINUTES
a. Special Meeting Minutes – October 21, 2024
i. Motion/Second Eriksen/Keizer to approve the minutes of October 21, 2024, as submitted. Motion carried by the following roll call vote: AYES: Member Eriksen, Keizer, Ballard and Chair Schlatter. NOES: None. ABSTAIN: None.

ABSENT: None.

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

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

6. NEW BUSINESS
a. Request for review and a recommendation to the City Council regarding the demolition of a structure over the age of 50 years located at 420 Cooper Lane (APN 003-582-24).

Chief Planning Manager Jesse Davis presented the Project.

ATTACHMENT 4

PUBLIC INPUT OPENED: 10:10 a.m.

Speakers: None
PUBLIC INPUT CLOSED: 10:10 a.m.

I. Motion/Second: Eriksen/Keizer to recommend to the City Council approval of the demolition permit to demolish the building located at 420 Cooper Lane (APN 003-582-24).

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

7. UNFINISHED BUSINESS
None

8. ADJOURNMENT
There being no further business, the meeting adjourned at 10:11 a.m.

Agenda Item No: 12.b.

MEETING DATE/TIME: 12/18/2024

ITEM NO: 2024-883

AGENDA SUMMARY REPORT
SUBJECT: Possible Introduction by Title Only of an Ordinance Modifying Ukiah City Code to Add a New Chapter 13, Entitled “Vacant and Abandoned Property Registration and Maintenance,” to More Effectively Regulate Vacant and Abandoned Properties.

DEPARTMENT: Community
Development PREPARED BY: Craig Schlatter, Community Development Director PRESENTER: Craig Schlatter, Community Development
Director; Darcy Vaughn, Assistant City Attorney
ATTACHMENTS:

1. Vacant and Abandoned Property Ordinance DRAFT

2. Abandoned Property Registration Ordinances- League of Cities Summary: Council will consider introducing by title only an ordinance modifying Ukiah City Code to add a new chapter 13, entitled "Vacant and Abandoned Property Registration and Maintenance," to more effectively regulate vacant and abandoned properties.

Background: During the FY 2024-25 budget and budget objectives development process, City Council requested the Community Development Department explore a policy to address the growing blight and safety concerns related to vacant and abandoned buildings in Ukiah. In response, the Department added the following objective within the Code Compliance Division, to be completed by June 30, 2025:

Collaborate with the Planning Division to assess current policies and regulations, and develop recommendations to address and prevent abandoned, neglected, and blighted buildings, and underutilized properties.

This objective is consistent with the Ukiah General Plan and furthers a Goal and Policy within the Land Use (LU) Element:

Goal LU-14: To develop, implement, and enforce policies to ensure access to safe and sanitary housing throughout the community.

Policy LU-14.1 Code Enforcement: The City shall prioritize code enforcement for rental housing in disadvantaged communities to assure safe, sanitary housing.

Discussion: Staff researched similar policies in approximately 10 California cities. A summary of this research is below, which is followed by an overview of the proposed draft ordinance (Attachment 1), the CEQA determination, and Staff's recommendation.

Summary of Research into Similar Ordinances
In 2008, the League of California Cities produced an informational document, Abandoned Residential Property Registration Ordinances (Attachment 2), that provided an overview of a new tool cities were using to address the increase in vacant properties due to the foreclosure crisis. The League included as an example the City of Chula Vista's Abandoned Residential Property Registration Program, which was an early model of such an ordinance.

Although the 2008 Chula Vista ordinance was a response to the foreclosure crisis of that time, in the past 16

years cities have expanded upon the base version of this early model to include commercial and industrial buildings in addition to residential buildings. Some examples, noting differences as compared to the Chula Vista model, are described below.
• City of Willits Vacant Commercial Building Ordinance - similar to Chula Vista model but only for commercial buildings.
• City of Azusa Vacant and Abandoned Properties Ordinance - specifically calls out residential, commercial, and industrial buildings.
• City of Winters Vacant and Abandoned Property Registration Ordinance - largely follows Chula Vista model- refers to "vacant and abandoned properties."
• City of Commerce - broad-based policy and follows Chula Vista model. • City of Hayward - similar to Commerce and Winters in that the ordinance largely follows the Chula Vista model and includes all properties. Hayward's City Council also adopted new maintenance and security standards in 2019.

Proposed City of Ukiah Ordinance
Like other California cities, the City's proposed ordinance is largely based on the Chula Vista model. Staff proposes the ordinance be broad-based, inclusive of commercial and residential properties throughout Ukiah.

Property owners would be required to register abandoned or vacant properties with the Business Services Division of the Community Development Department and meet maintenance requirements such as ensuring properties are "kept free of items that show evidence that the property is vacant or abandoned, including, but not limited to, weeds, dry brush, dead or overgrown vegetation, trash, junk, debris, building materials, accumulated newspapers, circulars, flyers, notices, discarded personal items, such as furniture, clothing, appliances, and printed material." The ordinance also proposes security requirements such as that "all vacant and abandoned property shall be posted with the name and a 24-hour contact phone number for the trustee, beneficiary, owner or local property management company responsible for the maintenance and security of the property."
The Code Compliance Division would both monitor the registration program and enforce the ordinance. Staff will bring back a separate agenda item to seek Council approval of a fee for the monitoring program.

CEQA
The proposed Ordinance is exempt from the California Environmental Quality Act (CEQA) Guidelines Section 15061 based on the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment and where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. The proposed Ordinance would increase the ability of the City to assure code compliance within the City and would not have potential for creation of a significant effect on the environment.

Staff recommends Council hold a public hearing and consider introducing by title only the Ordinance in Attachment 1, which would modify Ukiah City Code to add a new Chapter 13, entitled "Vacant and Abandoned Property Registration and Maintenance."

Recommended Action: Introduce by title only an Ordinance modifying the Ukiah City Code to add a new Chapter 13, entitled "Vacant and Abandoned Property Registration and Maintenance." BUDGET AMENDMENT REQUIRED: N/A
CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: N/A
REVENUE: Yes / No GRANT: Yes / No N/A
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A

COORDINATED WITH: Darcy Vaughn, Assistant City Attorney; Matt Keizer, Chief Code Enforcement Officer DIVERSITY-EQUITY INITIATIVES (DEI): N/A
CLIMATE INITIATIVES (CI): N/A
GENERAL PLAN ELEMENTS (GP): GP-A1 - Land Use Element, Policy LU-14.1 Code Enforcement

ORDINANCE NO. 2024 - __XX
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH ADDING CHAPTER 13 TO DIVISION 3 OF THE CITY CODE, ENTITLED “VACANT AND ABANDONED PROPERTY REGISTRATION AND MAINTENANCE”.

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

SECTION ONE. FINDINGS

1. Neglected vacant or abandoned properties are a major source of blight in the City of Ukiah and pose serious threats to public health, safety, and welfare. They attract criminal and unsafe activities, and as such, are vulnerable to fire, theft, and other illegal activities. The presence of neglected vacant or abandoned buildings and storefronts can lead to neighborhood decline, create nuisance conditions, lower property values, and discourage investment.

2. It is the responsibility of property owners, lenders, trustees, or others with possessory, equitable, or legal interests in the neglected vacant or abandoned lots, buildings including without limitation historic buildings or structures, to maintain, secure, and prevent these buildings and lots from becoming a burden to the neighborhood and community or a threat to public health, safety and welfare.

SECTION TWO.

A new Chapter 13, entitled “VACANT AND ABANDONED PROPERTY REGISTRATION AND MAINTENANCE,” shall be added to Division 3 of the Ukiah City Code and shall read as follows:

CHAPTER 13 VACANT AND ABANDONED PROPERTY REGISTRATION AND MAINTENANCE §3480 PURPOSE
It is hereby declared to be in the public interest to promote the health, safety and welfare of the residents of the City of Ukiah through the adoption of this Chapter, to establish an abandoned or vacant property registration program for residential and commercial properties as a mechanism to protect neighborhoods and commercial areas from becoming blighted through the lack of adequate maintenance and security of abandoned and vacated properties, which program and procedures shall be in addition to all other proceedings authorized by this Code or otherwise by law. §3481 DEFINITIONS
For the purposes of this Chapter, the following words and phrases are defined as set forth below:

Abandoned Property: Real property that is vacant and either:

1. Under a current notice of default;

2. Under a current notice of trustee’s sale;

3. Pending a tax assessor’s lien sale;
ATTACHMENT 1

4. The subject of a foreclosure sale where the title was retained by the beneficiary of a deed of trust involved in the foreclosure; or

5. Transferred under a deed in lieu of a foreclosure sale.

Beneficiary: A lender or holder of a note secured by a deed of trust. When any act is required of the beneficiary and/or the trustee by this Chapter, both are responsible for performing such act and may be charged with a violation of this Code for failure to act.

Deed of Trust: An instrument by which title to real estate is transferred to a third-party trustee as security for a real estate loan and often used in California instead of a mortgage. This term shall include any and all subsequent deeds of trust, i.e., second trust deed, third trust deed, etc.

Distressed: A property that is legally occupied, and either:

1. Under a current notice of default;

2. Under a current notice of trustee’s sale;

3. Pending a tax assessor’s lien sale;

4. The subject of a foreclosure sale where the title was retained by the beneficiary of a deed of trust involved in the foreclosure; or

5. Transferred under a deed in lieu of a foreclosure sale.

Evidence of vacancy: Any condition that, on its own or combined with other existing conditions, would lead a reasonable person to believe that a property is vacant and not occupied by authorized persons.

Such conditions include, but are not limited to, overgrown and/or dead vegetation, accumulation of newspapers, circulars, flyers and/or mail, past due utility notices or disconnected utilities, accumulation of trash, junk and/or debris, the absence of window coverings such as curtains, blinds and/or shutters, the absence of furnishings and/or personal items consistent with residential habitation, and statements by neighbors, passersby, delivery agents, government employees that the property is vacant.

Legal owner: An owner of residential property purchased by that owner at a foreclosure sale or acquired by that owner through foreclosure under a mortgage or deed of trust, as the term is used in California Civil Code § 2929.3.

Local: Within the City of Ukiah city limits.

Notice of default: A recorded notice that a default has occurred under a deed of trust and that the beneficiary intends to proceed with a trustee’s sale.

Out of area: outside the City of Ukiah city limits.

Owner: The person having recorded title to the property at any given point in time the record is provided by the Mendocino County recorder’s office.

Property: Any unimproved or improved real property, or portion thereof, situated in the City, including the buildings or structures located thereon.

Responsible person: Any person, partnership, association, corporation or fiduciary having legal or equitable title to or any interest in any real property. This term includes trustees and beneficiaries of a deed of trust on the property and any other lien holder on the property.

Secure, Securing: Such measures as may be directed by the City Manager, Building Official, Code Enforcement Officer, Police Chief, Fire Chief, Fire Marshall, or their authorized agents, that assist in rendering the property inaccessible to unauthorized persons, including, but not limited to, the repairing of fences and walls, chaining or padlocking of gates, the repairing or boarding of doors, windows and/or other openings. If boarding of the property is required, such boarding shall be completed to a minimum of the current securing standards of the department of housing and urban development.

Trustee: The person, firm or corporation holding a deed of trust on a property. When any act is required of the beneficiary and/or the trustee by this Chapter, both are responsible for performing such act and may be charged with a violation of this Code for failure to act.

Trustor: A borrower under a deed of trust who deeds property to a trustee as security for the payment of a debt.

Vacant: A property that is not occupied by authorized persons. §3482 REGISTRATION OF ABANDONED OR VACANT PROPERTIES
A. All abandoned or vacant properties shall be registered with the Business Services Division of the City of Ukiah Community Development Department in accordance with this Section. Any beneficiary and/or trustee who holds a deed of trust on a property located within the City shall, upon default by the trustor, perform an inspection of the property that is security for that deed of trust. This inspection shall be performed prior to recordation of a notice of default with the Mendocino County recorder’s office. If the property is found to be vacant, or shows evidence of vacancy, such property shall be deemed abandoned for purposes of this Chapter, and the beneficiary and/or trustee shall, within ten days of the inspection, register the property with the Community Development Department, on a form provided by the Business Services Division. If the property is occupied by authorized persons at the time of inspection, the property shall be re-inspected on a monthly basis until:

1. The default is remedied by the trustor;

2. The foreclosure is completed and the ownership is transferred to a new owner who is not the former beneficiary and/or trustee; or

3. The property is found to be vacant, at which time it shall be registered with the Business Services Division of the Community Development Department within ten days of the inspection.

B. Registration under this Chapter shall include the following information for both the beneficiary and trustee:

1. The street address (not a P.O. box) of the corporation or individual, and if different, the mailing address.

2. A direct contact name and telephone number for the person handling the deed of trust and/or foreclosure.

3. The local property manager responsible for the security and maintenance of the property, if the beneficiary or trustee is located out of the area or if the beneficiary or trustee is unable to conduct regular inspections and maintenance of the registered property.

C. The registration shall also include the annual registration fee, as established and as may be adjusted from time to time by City Council resolution. The amount of the fee charges shall not exceed the reasonable estimated cost of administering the provisions of this Chapter.

D. Registration of a property shall be valid for one year from the date that the property is registered with the City. Registration with the City shall be annually renewed prior to the expiration of the current registration.

E. Any change in the information required by Subsection B of this Section must be reported to the Business Services Division of the Community Development Department within ten days of that change.
§3483 MAINTENANCE REQUIREMENTS
Responsible persons, including beneficiaries and/or trustees, shall maintain vacant, abandoned or distressed properties located within City limits, as set forth below:

A. The property shall be kept free of items that show evidence that the property is vacant or abandoned, including, but not limited to, weeds, dry brush, dead or overgrown vegetation, trash, junk, debris, building materials, accumulated newspapers, circulars, flyers, notices, discarded personal items, such as furniture, clothing, appliances, and printed material.

B. The property, or structures thereon, shall be maintained free of graffiti, tagging or similar markings by removal or painting over with an exterior grade of paint that matches the color of the exterior of the affected structure or property.

C. Visible front and side yards of such property shall be acceptably landscaped and maintained.

1. Acceptable landscaping includes, but is not limited to, grass or similar ground cover; bushes, shrubs, hedges or similar plantings; and decorative rock or bark. Unacceptable landscaping includes, but is not limited to, weeds, gravel, broken concrete, asphalt, decomposed granite, plastic sheeting, mulch, indoor-outdoor carpet or other similar materials.

2. Acceptable maintenance includes, but is not limited to, regular watering, irrigation, mowing, cutting, trimming or pruning of vegetation and removal thereof.

D. Pools, spas, and hot tubs shall either be:

1. Kept in working order so that the water remains clear and free of pollutants, debris, mosquitoes, mosquito larvae or other similar pests, or

2. Drained and kept dry.

All properties with pools, spas, or hot tubs must comply with security fencing requirements mandated by California law.

E. If any vacant or abandoned property is owned by an out of area beneficiary, trustee, or owner, such person or entity shall contract with a local property management company to perform maintenance required by this Section.

F. Compliance with this Chapter does not relieve any responsible person of any other obligations set forth in this Code or other state and federal laws, or covenants conditions and restrictions, or any homeowners’ association rules that may apply to the property. §3484 SECURITY REQUIREMENTS
A. Responsible persons shall secure all vacant and abandoned properties against unauthorized entry.

This includes, but is not limited to, closing and locking all windows, doors (including sliding doors and garage doors), gates, and any other openings of such size that would allow a child to access the interior of the property and buildings or structures thereon. If doors or windows cannot be secured by other means, they may be boarded.

B. If any vacant or abandoned property is owned by an out of area beneficiary, trustee, or owner, and if such beneficiary, trustee, or owner cannot physically maintain and regularly inspect the property, such person or entity shall contract with a local property management company to perform weekly inspections to ensure that the requirements of this Chapter, and any other applicable laws, are being met.

C. All vacant and abandoned property shall be posted with the name and a 24-hour contact phone number for the trustee, beneficiary, owner or local property management company responsible for the maintenance and security of the property. The posting shall conform to the following requirements:

1. The posting shall be 18” × 24” and lettering on the posting shall be of a 1” font size.

2. The posting shall state “THIS PROPERTY MANAGED BY ___________. TO REPORT PROBLEMS OR CONCERNS, CALL ________.”

3. The posting may be placed in any of the following locations, so long as the posting is visible from the street facing the front of the property:
a. In the interior of a window;
b. Secured to the exterior of the building; or
c. On a stake of sufficient size to support the posting.

Any exterior posing shall be constructed of and printed with weather-resistant materials. §3485 MONITORING PROGRAM AND PURPOSE
A, Vacant buildings are a major cause and source of blight in residential and nonresidential neighborhoods, especially when the owner of the building fails to maintain and manage the building to ensure that it does not become a liability to the neighborhood. Vacant buildings often attract transients and criminals, including drug users. Use of vacant buildings by transients and criminals, who may employ primitive cooking or heating methods, creates a risk of fire for the vacant buildings and adjacent properties. Vacant properties are often used as dumping grounds for junk and debris and are often overgrown with weeds and grass. Vacant buildings which are boarded up to prevent

entry by transients and other long-term vacancies discourage economic development and retard appreciation of property values.

B. Because of the potential economic and public health, welfare and safety problems caused by vacant buildings, the City needs to monitor vacant buildings, so that they do not become attractive nuisances, are not used by trespassers, are properly maintained both inside and out, and do not become a blighting influence in the neighborhood. City departments involved in such monitoring include Police, Community Development, and the Ukiah Valley Fire Authority. There is a substantial cost to the City for monitoring vacant buildings (whether or not those buildings are boarded up), which should be borne by the owners of the vacant buildings. The fees for a monitoring program pursuant to the provisions of this Chapter shall be separate from and in addition to any registration fees or administrative penalties required or otherwise assessed pursuant to the provisions of this Chapter. §3486 MONITORING PROGRAM PROCEDURES
A. Authority. The Chief Code Enforcement Officer shall be responsible for administering a program for identifying and monitoring the maintenance of all vacant buildings in the City. The program shall be documented and regularly updated. The program shall be available for public review.

B. Purposes. The purposes of the monitoring program shall be:

1. To identify buildings that become vacant;

2. To order vacant buildings that are open and accessible to be secured against unlawful entry pursuant to City codes, including the building code, or other applicable law;

3. To initiate proceedings against the owner of any vacant building found to be substandard as defined in this Chapter or a nuisance under any other provision of this Code;

4. To maintain surveillance over vacant buildings so that timely enforcement proceedings are commenced in the event a building becomes substandard or a nuisance; and

5. To establish and enforce rules and regulations for the implementation and compliance with the provisions of Sections 3482-3484 of this Chapter.

C. Fee imposed. There is imposed upon every owner of a vacant building monitored pursuant to this Chapter, an annual vacant building monitoring fee in an initial amount as the City Council may establish by resolution, provided that the fee shall not exceed the estimated reasonable cost of monitoring the vacant building. The fee shall be applied as to any building, residential or nonresidential, which:

1. Is boarded up by voluntary action of the owner or as the result of enforcement activities by the City; or

2. Is vacant for more than 90 days for any reason.

D. Fee waiver. The vacant building monitoring fee shall be waived upon a showing by the owner that:

1. The owner has obtained a building permit and is progressing diligently to repair the premises for occupancy; or

2. The building meets all applicable codes and is actively being offered for sale, lease, or rent.

E. Procedure. The vacant building monitoring fee shall be billed to the owner of the property and mailed to the owner’s address as set forth on the last equalized assessment roll of the Mendocino County assessor. Any owner billed may apply for a waiver on the grounds set forth in Subsection D of this Section by submitting a written statement of the grounds for the waiver, and the owner’s daytime telephone number, to the Chief Code Enforcement Officer within 30 days after the billing is mailed to the owner. The owner shall provide substantial evidence in support of the owner’s statement of the grounds for the waiver. The Chief Code Enforcement Officer shall review the written statement and all related evidence and may contact the owner to discuss the application for waiver. The Chief Code Enforcement Officer shall prepare a written decision which shall be mailed to the owner and shall set forth the reasons for the decision.

F. Any owner aggrieved by the decision of the Chief Code Enforcement Officer relating to an application for waiver may appeal the Chief Code Enforcement Officer’s decision to the City’s Hearing Officer by filing with the City Clerk a written notice of appeal within ten days of the decision. The Hearing Officer shall set a time and place for a hearing of such appeal, and notice of such hearing shall be mailed, postage prepaid, to the owner at his or her last known address at least ten days prior to the date set for the hearing. The decision and order of the Hearing Officer on such appeal shall be final and conclusive.

G. If the fee is not paid within 60 days after billing, or within 60 days after the decision of the Chief Code Enforcement Officer, the Chief Code Enforcement Officer may thereupon order that the fee be specially assessed against the property involved. If the Chief Code Enforcement Officer orders that the fee be specially assessed against the property, it shall confirm the assessment and thereafter said assessment may be collected at the same time and in the same manner as ordinary real property taxes are collected and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary real property taxes. All laws applicable to the levy, collection, and enforcement of real property taxes are applicable to the special assessment.

H. The City is also authorized to record a notice of lien. The notice shall, at a minimum, identify the record owner or possessor of the property, set forth the last known address of the record owner or possessor, a description of the real property subject to the lien, and the amount of the fee. §3487 ENFORCEMENT
A. Any violation of this Chapter shall constitute a public nuisance.

B. Any person, partnership, association, corporation, fiduciary or other legal entity, that owns, leases, occupies, controls or manages any property subject to this Chapter and that causes, permits, or maintains a violation of this Chapter, shall be guilty of a misdemeanor. Violations shall be treated as a strict liability offense; a violation shall be deemed to have occurred regardless of a violator’s intent.

C. If the Chief Code Enforcement Officer determines a violation of this Chapter exists, the enforcement official may issue an administrative citation for each day a violation exists, containing fines up to $1,000.00 per day, per violation, as provided in Chapter 12, Division 3 of this Code, or up to $2,500 per day, per violation, as provided in Chapter 11, Division 3 of this Code, whichever is applicable. The table below provides guidance as to how these fines will be assessed. The Chief Code Enforcement Officer has discretion to charge the maximum daily penalties depending on the severity and danger to health and safety of the violation.

Days in Violation Residential Units Commercial Units
1 to 10 $100.00 Per Day $250.00 Per Day
11 to 30 $250.00 Per Day $500.00 Per Day
Over 30 $1,000.00 Per Day $2,500.00 Per Day
D. This Section is intended to be cumulative to, and not in place of, other rights and remedies available to the City pursuant to this Code or state law, including any civil, criminal and/or administrative action.

E. Any and all costs, including attorney’s fees, incurred by the City in enforcing this Chapter shall be recoverable, and shall constitute a lien and special assessment against the subject property, pursuant to the definitions and procedures in Chapters 11 and 12 of this Division, whichever is applicable, and as otherwise provided by this Code.
§3488 JOINT AND SEVERAL LIABILITY
The duties/obligations specified in this Chapter shall be joint and several among and between all trustees and beneficiaries and their respective agents.

SECTION THREE.

1. SEVERABILITY.

If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council of the City of Ukiah hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.

2. EFFECTIVE DATE.

This Ordinance shall be published as required by law in a newspaper of general circulation in the City of Ukiah, and shall become effective thirty (30) days after its adoption.

Introduced by title only on ,2024, by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Adopted on , 2024, by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

, Mayor
ATTEST:

Kristine Lawler, CMC/City Clerk

League of California Cities
Annual Conference
September 24-27, 2008

ABANDONED RESIDENTIAL PROPERTY

REGISTRATION ORDINANCES
Jolie Houston
Berliner Cohen
10 Almaden Boulevard, 11th Floor
San Jose, CA 95113
ATTACHMENT 2

I. Abandoned Residential Property Registration Ordinance - General Background California is facing an unprecedented threat to its state economy and local economies because of skyrocketing residential property foreclosure rates in California. Residential property foreclosures increased sevenfold from 2006 to 2007. In 2007, more than 84,375 properties were lost to foreclosure in California, and 254,824 loans went into default, the first step in the foreclosure process. 1
High foreclosure rates have adversely affected property values in California, and will have even greater adverse consequences as foreclosure rates continue to rise. According to the California Foreclosure Report, April foreclosures numbers were up in all categories. The average daily auction sales exceeded 1,000 properties a day for the first time in California's history. The April data included the following statistics:
• 44, 101 notices of default, a new state record.
• 29,892 notices of trustee's sale, a 7.8% increase over the prior month. • 22,838 Sale at Auction, a 44% increase over prior month, with a combined loan value of

9.45 billion.

Residential foreclosures are increasing in number and abandoned properties are having a negative impact on the surrounding neighborhoods and local communities. Properties that are in the foreclosure process may be abandoned with no maintenance or security for many months. As a result, these vacant properties can lead to neighborhood blight and reduced property values.

More foreclosures mean reduced property tax revenues and less money for schools, public safety and other key services. Another consequence of foreclosed and abandoned properties is that local city officials feel compelled to prevent neighborhood blight, attractive nuisances and potential health risks.

II. Local Ordinances -The Chula Vista Model
As a result of the foreclosure rate increasing, the City of Chula Vista ("Chula Vista") took a proactive approach.2 Chula Vista implemented an Abandoned Residential Property Registration Program. This program was adopted by ordinance and requires beneficiaries and trustees (mortgage lender) holding a legal interest under a deed of trust to inspect defaulted properties to confirm that they are occupied. If a property is found to be vacant, the program requires that the mortgage lender secure and maintain the property to the "neighborhood standard."
Chula Vista's Abandoned Residential Property Registration Ordinance ("Ordinance") was specifically tailored to address those properties that are both financially distressed and vacant. The declared purpose of the Ordinance is "to establish an abandoned residential property 1 Declaration of legislative intent, Senate Bill ll37, approved by the Governor July 8, 2008. 2 A copy of the City of Chula Vista Ordinance is attached. -1-

registration program as a mechanism to protect residential neighborhoods from becoming blighted through the lack of adequate maintenance and security of abandoned properties."3 The Ordinance requires the beneficiaries and trustees to inspect defaulted properties to confirm that they are occupied. If a property is found to be vacant, the Ordinance requires the beneficiary/trustee to register the property with the city and immediately begin to secure and maintain the property to the neighborhood standard.

The Ordinance also requires a local management company to inspect the property on a monthly basis if it is in default but still occupied. If it is vacant and owned by an "out of area" beneficiary or trustee, it must be inspected on a weekly basis. The property must be posted with the name and 24-hour contact number of the company responsible for the weekly inspection, maintenance and security of the property. This requirement is intended to remove a city's code enforcement department from spending its limited resources to act as the "property manager." This requirement is also intended to increase interaction with the neighborhood and the local responsible party to proactively deter any deterioration of the property and to help preserve the neighborhood.

III. Definitions
Using the Ordinance as a model, the following are key definitions:
"Abandoned" means a property that is vacant and isunder a current notice of default and/or notice of trustee's sale, pending tax assessor's lien sale and/or properties that have been subject of a foreclosure sale where the title was retained by the beneficiary of a deed of trust involved in the foreclosure and any properties transferred under a deed in lieu of foreclosure/sale.
"Beneficiary" means a lender under a note secured by a deed of trust. "Distressed'' means a property that is under a current notice of default and/or notice of trustee's sale and/or pending tax assessor lien sale or has been foreclosed upon by the trustee or has been conveyed to the beneficiary/trustee via a deed in lieu of foreclosure/sale. "Evidence of vacancy" means any condition that on its own or combined with other conditions present would lead a reasonable person to believe that the property is vacant. Such conditions include, but are not limited to, overgrown and/or dead vegetation, accumulation of newspapers, circulars, flyers and/or mail, past due utility notices and/or disconnected utilities, accumulation of trash, junk and/or debris, the absence of window coverings such as curtains, blinds and/or shutters, the absence of furnishings and/or personal items consistent with residential habitation, statements by neighbors, passersby, delivery agents, government employees that the property is vacant.
"Neighborhood standard'' means those conditions that are present on a simple majority of the properties within 300-foot radius of an individual property. A property that is subject of a 3 Ordinance § 15.60.010.
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neighborhood standard comparison, or any other abandoned property within the 300-foot radius, shall not be counted towards a simple majority.
"Securing" means such measures as may be directed by the Director of Planing or Building or his or her designee that assist in rendering the property inaccessible to unauthorized persons, including but not limited to the repairing of fences and walls, chaining/padlocking of gates, the repair or boarding of door, window and/or other openings. Boarding shall be completed to a minimum of the current HUD securing standards at the time the boarding is completed or required.
"Vacant" means a building/structure that is not legally occupied.4 IV. Registration Requirements
Unlike the traditional nuisance abatement ordinances, which require the property owner to maintain a property, this Ordinance also includes the beneficiary or trustee as the responsible parties. In addition, this Ordinance requires that a beneficiary or trustee that owns, or is responsible for an abandoned property, to register the home with the city and to retain the services of a local property management company.5 The Ordinance's registration requirements are as follows:
• Any beneficiary/trustee, who holds a deed of trust on a property located within the city, is required to inspect the property that is the security for the deed of trust, upon default by the trustor, prior to the recording a notice of default with the County Recorder's Office.
• If the property is found to be vacant or shows "evidence of vacancy," it is deemed abandoned and the beneficiary/trustee shall within 10 days of the inspection, register the property with the Director of Planning and Building.
• If the property is occupied but remains in default, it must be inspected by the beneficiary/trustee or his or her designee, monthly until (1) the trustee or other party remedies the default or (2) it is found to be vacant or shows evidence of vacancy at which time it is deemed abandoned, and the trustee must, within 10 days of that inspection, register the property with the Director of Planning and Building.
• In either case, the registration shall contain the following:
o the name of the beneficiary/trustee (corporation or individual); o the direct street/office mailing address of the beneficiary/trustee (no P.O. Boxes);
4 Ordinance § 15.60.020.
5 A copy of the City of Chula Vista's registration form is attached. -3-

o a direct contact name and a phone number for the
beneficiary/trustee; and
o in the case of corporation or out of area beneficiary/trustee, the local property management company responsible for the security, maintenance and marketing of the property.
• An annual registration fee must accompany the registration form. The fee and registration shall be valid for the calendar year, or remaining portion of the calendar year, in which the registration was initially required.

Subsequent registrations and fees are due January 1 of each year and must be received no later than January 31 of the year due.
• This section applies to properties that have been the subject of foreclosure sale where the title was transferred to the beneficiary of a deed of trust involved in the foreclosure and any properties transferred under a deed in lieu of foreclosure/sale.
• Properties subject to the Ordinance remain under an annual registration requirement and security and maintenance standards as long as they remain vacant. Any person, firm or corporation that has registered a property under the Ordinance is required to report any change of information contained in the registration within 10 days of the change. 6 V. Maintenance Requirements
As discussed above, the Ordinance's registration requirement also requires that the beneficiary or trustee maintain the abandoned property. A few of the requirements are listed below:
• Property subject to the Ordinance, must be kept to the "neighborhood standard," meaning that it must be kept free of weeds, dry brush, dead vegetation, trash, junk, debris, building materials, any accumulation of newspapers, circulars, flyers, discarded personal items, including but not limited to furniture, clothing, large and small appliances, printed material or any other items that give the appearance that the property is abandoned. • The property must be maintained free of graffiti, tagging or similar markings by removal or painting over with an exterior grade paint that matches the color of the exterior of the structure.
• Pools and spas must be kept in working order so that the water remains clear and free of pollutants and debris, and/or drained and kept dry. In 6 Ordinance § 15.60.040.
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either case, properties with pools and/or spas must comply with the minimum security fencing requirements of the State of Califomia.7 VI. Security Requirements
Closely related to the maintenance requirement is the Ordinance's property security provlSlon. A few of the requirements are listed below:
• Property subject to the Ordinance must be maintained in a "secure manner" so as to not to be accessible to unauthorized persons. Secure manner includes, but is not limited to the closure and locking of windows, doors (walk-through, sliding, and garage), gates and any other openings of such size that it may allow a child to access the interior of the property and/or structure(s). In the case of broken windows, securing means reglazing or boarding of the window.
• If the property is owned by a corporation and/or out of area beneficiary/trustee/owner, a local property management company must be contracted to perform weekly inspections to verify the requirements of the Ordinance.
• The property is required to be posted with the name and 24-hour contact number of the local property management company. The posting requirements are as follows:
o no less than 18" X 24";
o a font that is legible from a distance of 45 feet;
o contain along with the name and 24-hour contact number the words "THIS PROPERTY MANAGED BY" and "TO REPORT
PROBLEMS OR CONCERNS CALL"; and,
o the posting must be placed on the interior of a window facing the street to the front of the property so that it is visible from the street, or secured to the exterior of the building/structure facing the street to the front of the property so it is visible from the street.

VII. Registration Fees
• Chula Vista currently charges a $70 registration fee. 7 Ordinance § 15.60.050.
-5-

VIII. Enforcement
Violations of the Ordinance may be enforced by any combination of the following methods: criminal citations, nuisance abatement (with lien proceedings), or administrative citations. Any person aggrieved by the requirements of the Ordinance may request an administrative appeal.

IX. Violations/Penalties
Violations of the Ordinance are treated as a "strict liability offence," regardless of intent.

Any person, firm or corporation that violates any portion of the Ordinance shall be subject to prosecution and/or administrative enforcement. Penalties and/or fines do not exceed $1,000 per day for a violation.

X. New Legislation- SB 1137
Senate Bill 1137 ("SB 1137") was signed by the Governor on July 8, 2008, and took effect immediately as an urgency statute.8 SB 1137 is intended to implement important foreclosure process reforms to protect the "hundreds of thousands of Californians" who are in danger of losing their homes due to the mortgage crisis. SB 1137 takes several important steps to reduce the number of foreclosure sales by requiring mortgage lenders to communicate, or attempt to contact, borrowers before a notice of default can be filed, and to explore restructuring options before initiating the foreclosure process. It will also provide tenants with more time (60 days) to move from a foreclosed property. It allows local government agencies to fine owners of foreclosure properties if they are not maintaining the properties.

The provisions of the new law outlined below apply to loans secured by owner occupied residential real property and made between January 1, 2003 and December 31, 2007. These provisions will remain effective until January 1, 2013. The requirements of SB 1137 are extensive and the full bill text should be consulted for details.

SB 1137 adds Civil Code section 2923.5, effective until January 1, 2013, and as applied to residential mortgage loans made from January 1, 2003, to December 31, 2007, inclusive, that are for owner-occupied residents, and this bill would:
• Require a mortgagee, trustee, beneficiary, or authorized agent to wait 30 days after contact is made with the borrower, or 30 days after satisfying due diligence requirements to contact the borrower, as specified, before filing a notice of default.
• Require contact with the borrower to assess the borrower's financial situation and explore options for the borrower to avoid foreclosure. • Require the mortgagee, beneficiary, or authorized agent to advise the borrower that he or she has the right to request a subsequent meeting within 14 days, and provide the borrower with a toll-free number made 8 A copy of SB 113 7 is attached.
-6-

available by the United States Department of Housing and Urban Development ("HUD") to find a HUD-certified housing counseling agency.
• Require the notice of default to include a specified declaration in section 2923.5(c) from the mortgagee, beneficiary, or authorized agent regarding its contact with the borrower or that the borrower has surrendered the property.
• If a notice of default had already been filed prior to the enactment of the new law, this bill would instead require the mortgagee, trustee, beneficiary, or authorized agent, as part of the notice of sale, to include a specified declaration regarding contact with the borrower. • Authorize a borrower to designate a HUD-certified housing counseling agency, attorney or other advisor to discuss with the mortgagee, beneficiary or authorized agent on the borrower's behalf, options to the borrower to avoid foreclosure. The contact and meeting requirements of these provisions would not apply if the borrower has surrendered the property or the borrower has contracted with an organization, as specified. • A notice of default may be filed pursuant to section 2924 when a mortgagee, beneficiary, or authorized agent has not contacted a borrower as required by section 2923.5(a)(2) provided that the failure to contact the borrower occurred despite the due diligence of the mortgagee, beneficiary, or authorized agent. Section 2923.5(g) prescribes the details for such "due diligence."
SB 1137 adds Civil Code section 2924.8, which requires specified mailings to the residents of property that is the subject of a notice of sale, as specified in 2924.8(a), and makes it a crime to tear down a notice of sale posted on a property within 72 hours of posting SB 1137 adds Civil Code section 2929.3, effective until January 1, 2003, and this bill would:
• Require a legal owner to maintain vacant residential property at a foreclosure sale, or acquired by that owner through a foreclosure under a mortgage or deed of trust.
• Authorize a governmental entity to impose civil fines and penalties for failure to maintain that property of up to $1,000 per day for a violation. • Require a governmental entity that seeks to impose those fines and penalties to give notice of the claimed violation and an opportunity to correct the violation at least 14 days prior to imposing the fines and penalties.
-7-

• Allow a hearing for contesting fines and/or penalties. • Fines and penalties collected pursuant to Civil Code section 2923.3 shall be directed to a local nuisance abatement program.
• A governmental entity may not impose fines on a legal owner under both section 2923.3 and a local ordinance.
• Section 2923.3 does not preempt any local ordinances, and only applies only to residential real property.

SB 113 7 adds California Code of Civil Procedure section 1161 (b) effective until January 1, 2013 and this bill would:
• Give a tenant or subtenant in possession of a rental housing unit at the time the property is sold until foreclosure, 60 days to remove him or herself from the property, as specified.

XI. Conclusion
There is no dispute that in California residential foreclosures are increasing in number and abandoned properties often lead to neighborhood blight and reduced property values.

Traditional code enforcement remedies can still be effectively used against foreclosed properties by addressing them in a more aggressive manner. The Abandoned Residential Property Maintenance Registration Ordinances are proactive and intended to protect neighborhoods and the surrounding communities from becoming blighted by inadequate maintenance and security of abandoned properties. The full effect of these ordinances remains to be seen; however, they are one more remedy to help alleviate the community problems associated with abandoned properties.
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ATTACHMENT 1

Chula Vista Municipal Code
Chapter 15.60

ABANDONED RESIDENTIAL

PROPERTY REGISTRATION
Sections:

15.60.010 Purpose/scope.

15.60.020 Definitions.

15.60.030 Recordation of transfer of loan/deed of
trust/assignment of rents.

15.60.040 Registration.

15.60.050 Maintenance requirements.

15.60.060 Security requirements.

15.60.070 Additional authority.

15.60.080 Fees.

15.60.090 Enforcement.

15.60.100 Appeals.

15.60.110 Violation/penalty.

15.60. 120 Severability.

15.60.010 Purpose/scope.

It is the purpose and intent of the Chula Vista
City Council, through the adoption of this chapter,
to establish an abandoned residential property reg-istration program as a mechanism to protect resi-dential neighborhoods from becoming blighted through the lack of adequate maintenance and
security of abandoned properties. (Ord. 3080 § 1,
2007).

15.60.020 Definitions.

For the purposes of this chapter, certain words
and phrases used in this chapter are defined as fol-lows:
"Abandoned" means a property that is vacant
and is under a current notice of default and/or
notice of trustee's sale, pending tax assessor's lien
sale and/or properties that have been the subject of
a foreclosure sale where the title was retained by
the beneficiary of a deed of trust involved in the
foreclosure and any properties transferred under a
deed in lieu of foreclosure/sale.
"Accessible property" means a property that is
accessible through a compromised/breached gate,
fence, wall, etc.
"Accessible structure" means a structure/build-ing that is unsecured and/or breached in such a way as to allow access to the interior space by unautho-rized persons. "Agreement" means any agreement or written
instrument which provides that title to residential
property shall be transferred or conveyed from one
owner to another owner after the sale, trade, trans-fer or exchange. 15-61

15.60.020
"Assignment of rents" means an instrument that
transfers the beneficial interest under a deed of
trust from one lender/entity to another.
"Beneficiary" means a lender under a note
secured by a deed of trust.
"Buyer" means any person, co-partnership,
association, corporation, or fiduciary who agrees to
transfer anything of value in consideration for
property described in an agreement of sale, as
defined in this subsection.
"Dangerous building" means any build-ing/structure that is violation of any condition ref-erenced in Chapter 15.18 CVMC. "Days" means consecutive calendar days.
"Deed of trust" means an instrument by which
title to real estate is transferred to a third party
trustee as security for a real estate loan. Used in
California instead of a mortgage. This definition
applies to any and all subsequent deeds of trust,
i.e., second trust deed, third trust deed, etc.
"Deed in lieu of foreclosure/sale" means a
recorded document that transfers ownership of a
property from the trustor to the holder of a deed of
trust upon consent of the beneficiary of the deed of
trust.
"Default" means the failure to fulfill a contrac-tual obligation, monetary or conditional. "Distressed" means a property that is under a
current notice of default and/or notice of trustee's
sale and/or pending tax assessor's lien sale or has
been foreclosed upon by the trustee or has been
conveyed to the beneficiary/trustee via a deed in
lieu of foreclosure/sale.
"Evidence of vacancy" means any condition
that on its own or combined with other conditions
present would lead a reasonable person to believe
that the property is vacant. Such conditions
include, but are not limited to, overgrown and/or
dead vegetation, accumulation of newspapers, cir-culars, flyers and/or mail, past due utility notices and/or disconnected utilities, accumulation of
trash, junk and/or debris, the absence of window
coverings such as curtains, blinds and/or shutters,
the absence of furnishings and/or personal items
consistent with residential habitation, statements
by neighbors, passersby, delivery agents, govern-ment employees that the property is vacant. "Foreclosure" means the process by which a
property, placed as security for a real estate loan, is sold at auction to satisfy the debt if the trustor (bor-rower) defaults. "Local" means within 40 road/driving miles dis-tance of the subject property. (Revised 2/08)

15.60.030
"Neighborhood standard" means those condi-tions that are present on a simple majority of prop-erties within a 300-foot radius of an individual property. A property that is the subject of a neigh-borhood standard comparison, or any other aban-doned property within the 300-foot radius, shall not be counted toward the simple majority.
"Notice of default" means a recorded notice that
a default has occurred under a deed of trust and that
the beneficiary intends to proceed with a trustee's
sale.
"Out of area" means in excess of 40 road/driving
miles distance of the subject property.
"Owner" means any person, co-partnership,
association, corporation, or fiduciary having a
legal or equitable title or any interest in any real
property.
"Owner of record" means the person having
recorded title to the property at any given point in
time the record is provided by the San Diego
County Recorder's Office.
"Property" means any unimproved or improved
real property, or portion thereof, situated in the
City and includes the buildings or structures
located on the property regardless of condition.
"Residential building" means any improved real
property, or portion thereof, situated in the City,
designed or permitted to be used for dwelling pur-poses, and shall include the buildings and struc-tures located on such improved real property. This includes any real property being offered for sale,
trade, transfer, or exchange as "residential"
whether or not it is legally permitted and/or zoned
for such use.
"Securing" means such measures as may be
directed by the Director of Planning and Building
or his or her designee that assist in rendering the
property inaccessible to unauthorized persons,
including but not limited to the repairing of fences
and walls, chaining/padlocking of gates, the repair
or boarding of door, window and/or other open-ings. Boarding shall be completed to a minimum of the current HUD securing standards at the time the
boarding is completed or required.
"Trustee" means the person, firm or corporation
holding a deed of trust on a property.
"Trustor" means a borrower under a deed of
trust, who deeds property to a trustee as security for
the payment of a debt.
"Vacant" means a building/structure that is not
legally occupied. (Ord. 3080 § 1, 2007).
(Revised 2/08) 15-62

15.60.030 Recordation of transfer of loanldeed
of trust/assignment of rents.

Within 10 days of the purchase and/or transfer
of a loan/deed of trust secured by residential prop-erty the new beneficiary/trustee shall record, with the San Diego County Recorder's Office, an
assignment of rents, or similar document, that lists
the name of the corporation, and/or individual, the
mailing address and contact phone number of the
new beneficiary/trustee responsible for receiving
payments associated with the loan/deed of trust.
(Ord. 3080 § 1, 2007).

15.60.040 Registration.

Any beneficiary/trustee, who holds a deed of
trust on a property located within the City of Chula
Vista, shall perform an inspection of the property
that is the security for the deed of trust, upon
default by the trustor, prior to recording a notice of
default with the San Diego County Recorder's
Office. If the property is found to be vacant or
shows evidence of vacancy, it is, by this chapter,
deemed abandoned and the beneficiary/trustee
shall, within 10 days of the inspection, register the
property with the Director of Planning and Build-ing or his or her designee on forms provided by the City.

If the property is occupied but remains in default
it shall be inspected by the beneficiary/trustee, or
his designee, monthly until (1) the trustor other or
party remedies the default or (2) it is found to be
vacant or shows evidence of vacancy at which time
it is deemed abandoned, and the trustee shall,
within 10 days of that inspection, register the prop-erty with the Director of Planning and Building or his designee on forms provided by the City.

In either case the registration shall contain the
name of the beneficiary/trustee (corporation or
individual), the direct street/office mailing address
of the beneficiary/trustee (no P.O. boxes), a direct
contact name and phone number for the benefi-ciary/trustee and, in the case of a corporation or out-of-area beneficiary/trustee, the local property
management company responsible for the security,
maintenance and marketing of the property. Regis-tration fees will not be prorated.

An annual registration fee shall accompany the
registration form. The fee and registration shall be
valid for the calendar year, or remaining portion of
the calendar year, in which the registration was ini-tially required. Subsequent registrations and fees are due January 1st of each year and must be
received no later than January 31st of the year due.

Chula Vista Municipal Code
This section shall also apply to properties that
have been the subject of a foreclosure sale where
the title was transferred to the beneficiary of a deed
of trust involved in the foreclosure and any proper-ties transferred under a deed in lieu of foreclo-sure/sale.

Properties subject to this chapter shall remain
under the annual registration requirement, security
and maintenance standards of this section as long
as they remain vacant.

Any person, firm or corporation that has regis-tered a property under this chapter must report any change of information contained in the registration
within 10 days of the change. (Ord. 3080 § I,
2007).

15.60.050 Maintenance requirements.

Properties subject to this section shall be, in
comparison to the neighborhood standard, kept
free of weeds, dry brush, dead vegetation, trash,
junk, debris, building materials, any accumulation
of newspapers, circulars, flyers, notices, except
those required by federal, state or local law, dis-carded personal items including but not limited to furniture, clothing, large and small appliances,
printed material or any other items that give the
appearance that the property is abandoned.

The property shall be maintained free of graffiti,
tagging or similar markings by removal or painting
over with an exterior grade paint that matches the
color of the exterior of the structure.

Visible front and side yards shall be landscaped
and maintained to the neighborhood standard at the
time registration was required.

Landscape includes, but is not limited to, grass,
ground covers, bushes, shrubs, hedges or similar
plantings, decorative rock or bark or artificial
turf/sod designed specifically for residential instal-lation.

Landscape does not include weeds, gravel, bro-ken concrete, asphalt, decomposed granite, plastic sheeting, mulch, indoor-outdoor carpet or any sim-ilar material.

Maintenance includes but is not limited to regu-lar watering, irrigation, cutting, pruning and mow-ing of required landscape and removal of all trimmings.

Pools and spas shall be kept in working order so
the water remains clear and free of pollutants and
debris or drained and kept dry. In either case prop-erties with pools and/or spas must comply with the minimum security fencing requirements of the
State of California.
15-63

15.60.070
Adherence to this section does not relieve the
beneficiary/trustee or property owner of any obli-gations set forth in any covenants, conditions and restrictions and/or homeowners' association rules
and regulations which may apply to the property.
(Ord. 3080 § 1, 2007).

15.60.060 Security requirements.

Properties subject to this section shall be main-tained in a secure manner so as not to be accessible to unauthorized persons.

Secure manner includes but is not limited to the
closure and locking of windows, doors (walk-through, sliding and garage), gates and any other opening of such size that it may allow a child to
access the interior of the property and or struc-ture(s). In the case of broken windows securing means the reglazing or boarding of the window.

If the property is owned by a corporation and/or
out-of-area beneficiary/trustee/owner, a local
property management company shall be contracted
to perform weekly inspections to verify that the
requirements of this section, and any other applica-ble laws, are being met.

The property shall be posted with name and 24-
hour contact phone number of the local property
management company. The posting shall be no less
than 18 inches by 24 inches and shall be of a font
that is legible from a distance of 45 feet and shall
contain along with the name and 24-hour contact
number the words "THIS PROPERTY MAN-AGED BY" and "TO REPORT PROBLEMS OR CONCERNS CALL." The posting shall be placed
on the interior of a window facing the street to the
front of the property so it is visible from the street, or secured to the exterior of the building/structure
facing the street to the front of the property so it is visible from the street or, if no such area exists, on
a stake of sufficient size to support the posting in a
location that is visible from the street to the front of the property but not readily accessible to vandals.

Exterior posting must be constructed of and printed
with weather resistant materials.

The local property management company shall
inspect the property on a weekly basis to determine
if the property is in compliance with the require-ments of this chapter. (Ord. 3080 § I, 2007).

15.60.070 Additional authority.

In addition to the enforcement remedies estab-lished in Chapters 1.20, 1.30 and 1.41 CVMC, the Director of Planning and Building or his or her des-ignee shall have the authority to require the benefi-ciary/trustee/owner and/or owner of record of any (Revised 2/08)

15.60.080
property affected by this section to implement
additional maintenance and/or security measures
including but not limited to securing any/all door,
window or other openings, installing additional
security lighting, increasing on-site inspection fre-quency, employment of an on-site security guard or other measures as may be reasonably required to
arrest the decline of the property. (Ord. 3080 § 1,
2007).

15.60.080 Fees.

The fee for registering an abandoned residential
property shall be set by resolution of the City
Council. (Ord. 3080 § 1, 2007).

15.60.090 Enforcement.

Violations of this chapter may by enforced in
any combination as allowed in Chapters 1.20, 1.30
and 1.41 CVMC. (Ord. 3080 § 1, 2007).

15.60.100 Appeals.

Any person aggrieved by any of the require-ments of this section may appeal insofar as such appeal is allowed under Chapter 1.40 CVMC.
(Ord. 3080 § 1, 2007).

15.60.110 Violation/penalty.

Violations of this chapter shall be treated as a
strict liability offense regardless of intent. Any per-son, flrm and/or corporation that violates any por-tion of this section shall be subject to prosecution and/or administrative enforcement under Chapters

1.20 and 1.41 CVMC. (Ord. 3080 § 1, 2007).

15.60.120 Severability.

Should any provision, section, paragraph, sen-tence or word of this chapter be determined or declared invalid by any final court action in a court
of competent jurisdiction or by reason of any pre-emptive legislation, the remaining provisions, sec-tions, paragraphs, sentences or words of this chapter shall remain in full force and effect. ( Ord.
3080 § 1, 2007).
(Revised 2/08) 15-64

ATTACHMENT 2

��(?, Transaction :i

Code #0136
__ .._

CITY OF

CHULA VISTA

DEPARTMENT OF PLANNING AND BUILDING

REGISTRATION FORM FOR ABANDONED RESIDENTIAL PROPERTY
Please fill out the information requested below and deliver this form to the Public Services Building reception desk or mail to Department of Planning and Building, City of Chula Vista, 276 Fourth Ave., MS•B200, Chula Vista, CA 91910.

Registered Residence Address:

Chula Vista CA, zip code:

Assessor Parcel Number:

Notice of Default Recordation # (Please attach copy to this form) Lender/Lien Holder:

Contact: Contact Phone: (_)
Lender/Lien Holder Mailing Address:

Property Manager: Business license #
Contact: 24 Hour Phone #: (_)
Property Management Company Local Mailing Address:

Standard Annual Fee of $70.00 Please check one: [J New registration C Renewal registration An annual registration fee shall accompany this registration form. The fee and registration shall be valid for the calendar year, or remaining portion of the calendar year, in which the registration was initially required.

Subsequent registrations and fees are due January 1st of each year and must be received no later than January 31 of the year due. Registration fees will not be prorated. [CVMC 15.60.040] Initiated By:

Print Name Signature Date
Company Name and Address
276 FOURTH AVENUE, MS B-200 • CHULA VISTA • CALIFORNIA 91910

Back of Registration Form for Abandoned Residential Property City of Chula Vista Municipal Code, Chapter 1.41, ADMINISTRATIVE COMPLIANCE AND ENFORCEMENT PROCEDURES Section 1.41.010:

A. It is the purpose and intent of the city council to establish administrative procedures for obtaining prompt compliance in the correction of both major and minor violations of the Chula Vista Municipal Code and state law.

Conditions in violation of the municipal code or state law which affect conditions upon or uses of real property within the city of Chula Vista are hereby designated nuisances. The procedures authorized or identified by this chapter are the following: notices of violation; administrative citations; administrative fines and penalties; cease and desist orders; abatement of nuisances; recordation of notices of violation; authorization to charge reinspection fees; cost recovery for costs of enforcement; confirmation of costs; and recordation of liens and assessments for cost recovery.

City of Chula Vista Municipal Code, Chapter 15.60, ABANDONED RESIDENTIAL PROPERTY REGISTRATION Section 15.60.010:

It is the purpose and intent of the Chula Vista City Council, through the adoption of this Chapter, to establish an abandoned residential property registration program as a mechanism to protect residential neighborhoods from becoming blighted through the lack of adequate maintenance and security of abandoned properties.

Owner Responsibility under CVMC 15.60:

CJ Within ten (10) days of the purchase and/or transfer of a loan/deed of trust secured by residential property the new beneficiary/trustee shall record, with the San Diego County Recorders Office, an Assignment of Rents. [CVMC 15.60.030] CJ If the property is vacant or abandoned, the beneficiary/trustee shall register the property with the City using this form within ten days of transfer, vacancy or subsequent vacancy. [CVMC

15.60.040]
CJ Report to the City any change of address and change of contact information within ten days of said change. [CVMC 15.60.040]
CJ Maintain the property on a weekly basis. [CVMC 15.60.050 and 15.60.060] CJ Secure the property. [CVMC 15.60.060]
CJ Post the property with the property manager's name, address and 24-hour contact phone number. [CVMC 15.60.060]
A copy of this or any municipal code of the City of Chula Vista may be downloaded at http://ww.chulavistaca.gov/City Services/Administrative Services/City Clerk/Records/municipal code .asp 276 FOURTH AVENUE, MS B-200 • CHULA VISTA • CALIFORNIA 91910

ATTACHMENT 3

Senate Bill No. 1137
CHAPTER 69
An act to add and repeal Sections 2923.5, 2923.6, 2924.8, and 2929.3 of the Civil Code, and to add and repeal Section 1161 b of the Code of Civil Procedure, relating to mortgages, and declaring the urgency thereof, to take effect immediately.
[Approved by Governor July 8, 2008. Filed with Secretary of State July 8, 2008.]

LEGISLATIVE COUNSEL'S DIGEST
SB 1137, Perata. Residential mortgage loans: foreclosure procedures. ( 1) Upon a breach of the obligation of a mortgage or transfer of an interest in property, existing law requires the trustee, mortgagee, or beneficiary to record in the office of the county recorder wherein the mortgaged or trust property is situated, a notice of default, and to mail the notice of default to the mortgagor or trustor. Existing law requires the notice to contain specified statements, including, but not limited to, those related to the mortgagor's or trustor's legal rights, as specified. Existing law also requires that the notice of sale in the case of default be posted on the property, as specified.

Until January 1, 2013, and as applied to residential mortgage loans made from January 1, 2003, to December 31, 2007, inclusive, that are for owner-occupied residences, this bill would, among other things, require a mortgagee, trustee, beneficiary, or authorized agent to wait 30 days after contact is made with the borrower, or 30 days after satisfying due diligence requirements to contact the borrower, as specified, before filing a notice of default. The bill would require contact with the borrower, as defined, in order to assess the borrower's financial situation and explore options for the borrower to avoid foreclosure. The bill would require the mortgagee, beneficiary, or authorized agent to advise the borrower that he or she has the right to request a subsequent meeting within 14 days, and to provide the borrower the toll-free telephone number made available by the United States Department of Housing and Urban Development (HUD) to find a HUD-certified housing counseling agency. The bill would require the notice of default to include a specified declaration from the mortgagee, beneficiary, or authorized agent regarding its contact with the borrower or that the borrower has surrendered the property. If a notice of default had already been filed prior to the enactment of this act, the bill would instead require the mortgagee, trustee, beneficiary, or authorized agent, as part of the notice of sale, to include a specified declaration regarding contact with the borrower. The bill would authorize a borrower to designate a HUD-certified housing counseling agency, attorney, or other advisor to discuss with the mortgagee, beneficiary, or authorized agent, on the borrower's behalf, 90

Cb. 69 - 2 -
options for the borrower to avoid foreclosure. The contact and meeting requirements of these provisions would not apply if a borrower has surrendered the property or the borrower has contracted with an organization, as specified. The bill would also require specified mailings to the resident of a property that is the subject of a notice of sale, as specified. In addition, the bill would make it a crime to tear down the notice of sale posted on a property within 72 hours of posting, thereby imposing a state-mandated local program.

Until January 1, 2013, this bill would require a legal owner to maintain vacant residential property purchased at a foreclosure sale, or acquired by that owner through foreclosure under a mortgage or deed of trust. The bill would authorize a governmental entity to impose civil fines and penalties for failure to maintain that property of up to $1,000 per day for a violation.

The bill would require a governmental entity that seeks to impose those fines and penalties to give notice of the claimed violation and an opportunity to correct the violation at least 14 days prior to imposing the fines and penalties, and to allow a hearing for contesting those fines and penalties. (2) Existing law governs the termination of tenancies and generally requires 30 days' notice of the termination thereof, except under specified circumstances. Existing law also establishes the criteria for determining when a tenant is guilty of unlawful detainer.

Until January 1, 2013, this bill would give a tenant or subtenant in possession of a rental housing unit at the time the property is sold in foreclosure, 60 days to remove himself or herself from the property, as specified.
(3) This bill would set forth specified findings and declarations and intent provisions with regard to the above, and would provide that its provisions are severable.
(4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.
(5) This bill would declare that it is to take effect immediately as an urgency statute.

The people of the State of California do enact as follows:

SECTION 1. The Legislature finds and declares all of the following:
(a) California is facing an unprecedented threat to its state economy and local economies because of skyrocketing residential property foreclosure rates in California. Residential property foreclosures increased sevenfold from 2006 to 2007. In 2007, more than 84,375 properties were lost to foreclosure in California, and 254,824 loans went into default, the first step in the foreclosure process.
90

-3- Ch. 69
(b) High foreclosure rates have adversely affected property values in California, and will have even greater adverse consequences as foreclosure rates continue to rise. According to statistics released by the HOPE NOW Alliance, the number of completed California foreclosure sales in 2007 increased almost threefold from 1,902 in the first quarter to 5,574 in the fourth quarter of that year. Those same statistics report that 10,556 foreclosure sales, almost double the number for the prior quarter, were completed just in the month of January 2008. More foreclosures means less money for schools, public safety, and other key services. (c) Under specified circumstances, mortgage lenders and servicers are authorized under their pooling and servicing agreements to modify mortgage loans when the modification is in the best interest of investors. Generally, that modification may be deemed to be in the best interest of investors when the net present value of the income stream of the modified loan is greater than the amount that would be recovered through the disposition of the real property security through a foreclosure sale.
(d) It is essential to the economic health of California for the state to ameliorate the deleterious effects on the state economy and local economies and the California housing market that will result from the continued foreclosures of residential properties in unprecedented numbers by modifying the foreclosure process to require mortgagees, beneficiaries, or authorized agents to contact borrowers and explore options that could avoid foreclosure.

These changes in accessing the state's foreclosure process are essential to ensure that the process does not exacerbate the current crisis by adding more foreclosures to the glut of foreclosed properties already on the market when a foreclosure could have been avoided. Those additional foreclosures will further destabilize the housing market with significant, corresponding deleterious effects on the local and state economy.
(e) According to a survey released by the Federal Home Loan Mortgage Corporation (Freddie Mac) on January 31, 2008, 57 percent of the nation's late-paying borrowers do not know their lenders may offer alternatives to help them avoid foreclosure.
(f) As reflected in recent government and industry-led efforts to help troubled borrowers, the mortgage foreclosure crisis impacts borrowers not only in nontraditional loans, but also many borrowers in conventional loans. (g) This act is necessary to avoid unnecessary foreclosures of residential properties and thereby provide stability to California's statewide and regional economies and housing market by requiring early contact and communications between mortgagees, beneficiaries, or authorized agents and specified borrowers to explore options that could avoid foreclosure and by facilitating the modification or restructuring of loans in appropriate circumstances.

SEC. 2. Section 2923.5 is added to the Civil Code, to read:
2923.5. (a) (1) A mortgagee, trustee, beneficiary, or authorized agent may not file a notice of default pursuant to Section 2924 until 30 days after contact is made as required by paragraph (2) or 30 days after satisfying the due diligence requirements as described in subdivision (g). 90

Ch. 69 -4-
(2) A mortgagee, beneficiary, or authorized agent shall contact the borrower in person or by telephone in order to assess the borrower's financial situation and explore options for the borrower to avoid foreclosure. During the initial contact, the mortgagee, beneficiary, or authorized agent shall advise the borrower that he or she has the right to request a subsequent meeting and, if requested, the mortgagee, beneficiary, or authorized agent shall schedule the meeting to occur within 14 days. The assessment of the borrower's financial situation and discussion of options may occur during the first contact, or at the subsequent meeting scheduled for that purpose.

In either case, the borrower shall be provided the toll-free telephone number made available by the United States Department of Housing and Urban Development (BUD) to find a BUD-certified housing counseling agency.

Any meeting may occur telephonically.
(b) A notice of default filed pursuant to Section 2924 shall include a declaration from the mortgagee, beneficiary, or authorized agent that it has contacted the borrower, tried with due diligence to contact the borrower as required by this section, or the borrower has surrendered the property to the mortgagee, trustee, beneficiary, or authorized agent.
(c) If a mortgagee, trustee, beneficiary, or authorized agent had already filed the notice of default prior to the enactment of this section and did not subsequently file a notice of rescission, then the mortgagee, trustee, beneficiary, or authorized agent shall, as part of the notice of sale filed pursuant to Section 2924f, include a declaration that either:
(1) States that the borrower was contacted to assess the borrower's financial situation and to explore options for the borrower to avoid foreclosure.
(2) Lists the efforts made, if any, to contact the borrower in the event no contact was made.
(d) A mortgagee's, beneficiary's, or authorized agent's loss mitigation personnel may participate by telephone during any contact required by this section.
(e) For purposes of this section, a "borrower" shall include a mortgagor or trustor.
(f) A borrower may designate a BUD-certified housing counseling agency, attorney, or other advisor to discuss with the mortgagee, beneficiary, or authorized agent, on the borrower's behalf, options for the borrower to avoid foreclosure. That contact made at the direction of the borrower shall satisfy the contact requirements of paragraph (2) of subdivision (a). Any loan modification or workout plan offered at the meeting by the mortgagee, beneficiary, or authorized agent is subject to approval by the borrower. (g) A notice of default may be filed pursuant to Section 2924 when a mortgagee, beneficiary, or authorized agent has not contacted a borrower as required by paragraph (2) of subdivision (a) provided that the failure to contact the borrower occurred despite the due diligence of the mortgagee, beneficiary, or authorized agent. For purposes of this section, "due diligence" shall require and mean all of the following:
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(1) A mortgagee, beneficiary, or authorized agent shall first attempt to contact a borrower by sending a first-class letter that includes the toll-free telephone number made available by HOD to find a HOD-certified housing counseling agency.
(2) (A) After the letter has been sent, the mortgagee, beneficiary, or authorized agent shall attempt to contact the borrower by telephone at least three times at different hours and on different days. Telephone calls shall be made to the primary telephone number on file.
(B) A mortgagee, beneficiary, or authorized agent may attempt to contact a borrower using an automated system to dial borrowers, provided that, if the telephone call is answered, the call is connected to a live representative of the mortgagee, beneficiary, or authorized agent.
(C) A mortgagee, beneficiary, or authorized agent satisfies the telephone contact requirements of this paragraph if it determines, after attempting contact pursuant to this paragraph, that the borrower's primary telephone number and secondary telephone number or numbers on file, if any, have been disconnected.
(3) If the borrower does not respond within two weeks after the telephone call requirements of paragraph (2) have been satisfied, the mortgagee, beneficiary, or authorized agent shall then send a certified letter, with return receipt requested.
( 4) The mortgagee, beneficiary, or authorized agent shall provide a means for the borrower to contact it in a timely manner, including a toll-free telephone number that will provide access to a live representative during business hours.
(5) The mortgagee, beneficiary, or authorized agent has posted a prominent link on the homepage of its Internet Web site, if any, to the following information:
(A) Options that may be available to borrowers who are unable to afford their mortgage payments and who wish to avoid foreclosure, and instructions to borrowers advising them on steps to take to explore those options. (B) A list of financial documents borrowers should collect and be prepared to present to the mortgagee, beneficiary, or authorized agent when discussing options for avoiding foreclosure.
(C) A toll-free telephone number for borrowers who wish to discuss options for avoiding foreclosure with their mortgagee, beneficiary, or authorized agent.

HOD-certified
(D) The toll-free telephone number made available by HOD to find a housing counseling agency.
(h) Subdivisions (a), (c), and (g) shall not apply if any of the following occurs:
( 1) The borrower has surrendered the property as evidenced by either a letter confirming the surrender or delivery of the keys to the property to the mortgagee, trustee, beneficiary, or authorized agent.
(2) The borrower has contracted with an organization, person, or entity whose primary business is advising people who have decided to leave their 90

Ch. 69 -6-
homes on how to extend the foreclosure process and avoid their contractual oblig�tions to mortgagees or beneficiaries.
(3) The borrower has filed for bankruptcy, and the proceedings have not been finalized.
(i) This section shall apply only to loans made from January 1, 2003, to December 31, 2007, inclusive, that are secured by residential real property and are for owner-occupied residences. For purposes of this subdivision, "owner-occupied" means that the residence is the principal residence of the borrower.
(j) This section shall remain in effect only until January 1, 2013, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2013, deletes or extends that date.

SEC. 3. Section 2923.6 is added to the Civil Code, to read:
2923.6. (a) The Legislature finds and declares that any duty servicers may have to maximize net present value under their pooling and servicing agreements is owed to all parties in a loan pool, not to any particular parties, and that a servicer acts in the best interests of all parties if it agrees to or implements a loan modification or workout plan for which both of the following apply:
(1) The loan is in payment default, or payment default is reasonably foreseeable.
(2) Anticipated recovery under the loan modification or workout plan exceeds the anticipated recovery through foreclosure on a net present value basis.
(b) It is the intent of the Legislature that the mortgagee, beneficiary, or authorized agent offer the borrower a loan modification or workout plan if such a modification or plan is consistent with its contractual or other authority.
(c) This section shall remain in effect only until January 1, 2013, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2013, deletes or extends that date.

SEC. 4. Section 2924.8 is added to the Civil Code, to read:
2924.8. (a) Upon posting a notice of sale pursuant to Section 2924f, a trustee or authorized agent shall also post the following notice, in the manner required for posting the notice of sale on the property to be sold, and a mortgagee, trustee, beneficiary, or authorized agent shall mail, at the same time in an envelope addressed to the "Resident of property subject to foreclosure sale" the following notice in English and the languages described in Section 1632: "Foreclosure process has begun on this property, which may affect your right to continue to live in this property. Twenty days or more after the date of this notice, this property may be sold at foreclosure.

If you are renting this property, the new property owner may either give you a new lease or rental agreement or provide you with a 60-day eviction notice. However, other laws may prohibit an eviction in this circumstance or provide you with a longer notice before eviction. You may wish to contact a lawyer or your local legal aid or housing counseling agency to discuss any rights you may have."
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(b) It shall be an infraction to tear down the notice described in subdivision (a) within 72 hours of posting. Violators shall be subject to a fine of one hundred dollars ($ 100).
(c) A state government entity shall make available translations of the notice described in subdivision (a) which may be used by a mortgagee, trustee, beneficiary, or authorized agent to satisfy the requirements of this section.
(d) This section shall only apply to loans secured by residential real property, and if the billing address for the mortgage note is different than the property address.
(e) This section shall remain in effect only until January 1, 2013, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2013, deletes or extends that date.

SEC. 5. Section 2929.3 is added to the Civil Code, to read:
2929.3. (a) ( 1) A legal owner shall maintain vacant residential property purchased by that owner at a foreclosure sale, or acquired by that owner through foreclosure under a mortgage or deed of trust. A governmental entity may impose a civil fine of up to one thousand dollars ($1 ,000) per day for a violation. If the governmental entity chooses to impose a fine pursuant to this section, it shall give notice of the alleged violation, including a description of the conditions that gave rise to the allegation, and notice of the entity's intent to assess a civil fine if action to correct the violation is not commenced within a period of not less than 14 days and completed within a period of not less than 30 days. The notice shall be mailed to the address provided in the deed or other instrument as specified in subdivision (a) of Section 27321.5 of the Government Code, or, if none, to the return address provided on the deed or other instrument.
(2) The governmental entity shall provide a period of not less than 30 days for the legal owner to remedy the violation prior to imposing a civil fine and shall allow for a hearing and opportunity to contest any fine imposed. In determining the amount of the fine, the governmental entity shall take into consideration any timely and good faith efforts by the legal owner to remedy the violation. The maximum civil fine authorized by this section is one thousand dollars ($1,000) for each day that the owner fails to maintain the property, commencing on the day following the expiration of the period to remedy the violation established by the governmental entity. (3) Subject to the provisions of this section, a governmental entity may establish different compliance periods for different conditions on the same property in the notice of alleged violation mailed to the legal owner. (b) For purposes of this section, "failure to maintain" means failure to care for the exterior of the property, including, but not limited to, permitting excessive foliage growth that diminishes the value of surounding properties, failing to take action to prevent trespassers or squatters from remaining on the property, or failing to take action to prevent mosquito larvae from growing in standing water or other conditions that create a public nuisance. (c) Notwithstanding subdivisions (a) and (b), a governmental entity may provide less than 30 days' notice to remedy a condition before imposing a 90

Ch. 69 -8-
civil fine if the entity determines that a specific condition of the property threatens public health or safety and provided that notice of that determination and time for compliance is given.
(d) Fines and penalties collected pursuant to this section shall be directed to local nuisance abatement programs.
(e) A governmental entity may not impose fines on a legal owner under both this section and a local ordinance.
(f) These provisions shall not preempt any local ordinance. (g) This section shall only apply to residential real property. (h) The rights and remedies provided in this section are cumulative and in addition to any other rights and remedies provided by law. (i) This section shall remain in effect only until January 1, 2013, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2013, deletes or extends that date.

SEC. 6. Section 116lb is added to the Code of Civil Procedure, to read:
1161b. (a) Notwithstanding Section 1161a, a tenant or subtenant in possession of a rental housing unit at the time the property is sold in foreclosure shall be given 60 days' written notice to quit pursuant to Section 1162 before the tenant or subtenant may be removed from the property as prescribed in this chapter.
(b) This section shall not apply if any party to the note remains in the property as a tenant, subtenant, or occupant.
(c) This section shall remain in effect only until January 1, 2013, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2013, deletes or extends that date.

SEC. 7. Nothing in this act is intended to affect any local just-cause eviction ordinance. This act does not, and shall not be construed to, affect the authority of a public entity that otherwise exists to regulate or monitor the basis for eviction.

SEC. 8. The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.

SEC. 9. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

SEC. 10. (a) This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are:
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In order to stabilize and protect the state and local economies and housing market at the earliest possible time, it is necessary for this act to take effect immediately.
(b) However, the provisions of Section 2 of this act, which adds Section 2923.5 to the Civil Code, and Section 4 of this act, which adds Section 2924.8 to the Civil Code, shall become operative 60 days after the effective date of this act.
0 90

Agenda Item No: 12.c.

MEETING DATE/TIME: 12/18/2024

ITEM NO: 2024-396

AGENDA SUMMARY REPORT
SUBJECT: Adoption of Resolution Adopting Fire Impact Fees on behalf of the Ukiah Valley Fire District. (Note: Subsequent to Noticing this public hearing, the item has been canceled and will be re-noticed and heard at a future date; however, due to the notice that went out, the item is being placed on the agenda, but no presentation or action will be considered.) DEPARTMENT: Fire PREPARED BY: Justin Buckingham, Battalion Chief PRESENTER: Douglas Hutchison, Fire Chief
ATTACHMENTS:

None
Summary: This proposed Public Hearing and Agenda Item has been canceled and will be re-noticed and heard at a future date.

Background: N/A
Discussion: N/A

Recommended Action: This proposed Public Hearing and Agenda Item has been canceled and will be re-noticed and heard at a future date.

BUDGET AMENDMENT REQUIRED: N/A
CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: N/A
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: N/A
DIVERSITY-EQUITY INITIATIVES (DEI): N/A
CLIMATE INITIATIVES (CI): N/A
GENERAL PLAN ELEMENTS (GP): N/A

Agenda Item No: 12.d.

MEETING DATE/TIME: 12/18/2024

ITEM NO: 2024-879

AGENDA SUMMARY REPORT
SUBJECT: Conduct a Public Hearing to Consider Adoption of a Resolution Approving the Submittal of a Community Development Block Grant (CDBG) Application in Response to the 2024 State Community Development Block Grant Program Notice of Funding Availability. (Note: Subsequent to Noticing this public hearing, the item has been canceled; however, due to the notice that went out, the item is being placed on the agenda.)
DEPARTMENT: Community
Development PREPARED BY: Jim Robbins, Housing and Grants Manager PRESENTER: Jim Robbins, Housing and Grants Manager,
Community Development Dept.

ATTACHMENTS:

None
Summary: This Public Hearing and Agenda Item have been canceled. A CDBG Public Hearing was previously conducted at the October 2, 2024 City Council Meeting.

Background: N/A
Discussion: N/A

Recommended Action: This proposed Public Hearing and Agenda Item has been canceled. A Community Development Block Grant (CDBG) Public Hearing was previously conducted at the October 2, 2024, City Council Meeting. Receiving public comment is not necessary.

BUDGET AMENDMENT REQUIRED: N/A
CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: N/A
REVENUE: Yes / No GRANT: Yes / No
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: N/A
DIVERSITY-EQUITY INITIATIVES (DEI): N/A
CLIMATE INITIATIVES (CI): N/A
GENERAL PLAN ELEMENTS (GP): N/A

Agenda Item No: 14.a.

MEETING DATE/TIME: 12/18/2024

ITEM NO: 2024-803

AGENDA SUMMARY REPORT
SUBJECT: Authorize the City Manager to Negotiate and Execute a Five-Year Agreement for the Acquisition of RIMS Computer-Aided Dispatch and Records Management Software from Sun Ridge Systems for an Initial Amount of $556,704; Authorize the Continuation of the Agreement Subject to Staff Evaluation and Approval; and Approve Corresponding Budget Amendment.

DEPARTMENT: Police PREPARED BY: Myles Fisette, Purchasing Manager PRESENTER: Cedric Crook, Chief of Police
ATTACHMENTS:

1. Ukiah PD - FINAL w Conversion
Summary: Council will consider authorizing the City Manager to negotiate and execute an agreement for the acquisition of RIMS Computer-Aided Dispatch and Records Management Software from Sun Ridge Systems for an initial amount of $556,704; authorizing the continuation of the agreement beyond the initial five years, subject to Staff evaluation and approval; and approving corresponding budget amendment.

Background:

The Ukiah Police Department's (UPD) current computer aided dispatch system (CAD), implemented in 1998, has become outdated and insufficient for the increasing demands of the City's emergency response operations. Fewer than 5 agencies are using the current outdated software and finding support is diminishing. The continued use of the existing system could result in delayed response times, reduced efficiency, a lack of officer and citizen safety components and increased workload for dispatchers and first responders. To address these issues, a new CAD system is proposed. The new system will provide enhanced features and functionalities, including real-time tracking of emergency units, integration with other public safety systems, and improved user interface for dispatchers. The key benefits of the new CAD system include:

1. Improved Response Times: The new system will optimize dispatch operations, ensuring faster and more accurate deployment of emergency units.

2. Enhanced Coordination: Integration with other systems, such as GIS, RMS, NCIC, and RapidSOS will enable better coordination and data sharing among various public safety departments and increase officer and citizen safety.

3. Scalability: The new CAD system will be scalable to accommodate future growth and technological advancements.

4. User-Friendly Interface: The modern interface will reduce dispatcher, officer, CSO and record staff training time and improve overall efficiency.

Vendor Selection: After an extensive evaluation process, RIMS has been selected as the preferred vendor. Below is a comparison of the vendors reviewed:

Feature Central Square
Enterprise CAD
Tyler Technologies
Enterprise CAD/RMS

RIMS CAD/RMS
Real-Time Tracking YES YES YES
Integration with Other
Systems
GIS, RMS, MobileX Esri ArcGIS Google, Esri NCIC/NLETS,
ProQA, Multiple Records

Management Systems,
RapidSOS, iRIMS, Flock,
Evidence.com
User Interface Modern But
Cumbersome
Modern, Easy to Use Modern, Intuitive, User-Friendly
Upgrades Not Included Not Included Included and Scalable Automatic Vehicle
Location (AVL)
Yes Yes Yes
Customization High High High
Training Program Comprehensive Comprehensive Comprehensive Customer Service Poor Poor to Average Excellent
Cost $785,479 $1,172,750 $556,704
The current records management system (RMS) was replaced in 2021. Because we are implementing a new CAD system, we must also replace the RMS as well.

While the initial investment in the new CAD/RMS system is significant, the long-term benefits, such as reduced operational costs and improved public safety outcomes, justify the expenditure. Attachment 1 is a quotation for the RIMS Software. Sun Ridge Systems installation costs will be $379,665. Annual fees will begin at $33,282 for the first two years and then adjust by 5% every year thereafter, resulting in a 5-year overall cost of $556,704. Our current annual costs with CentralSquare (TriTech) are $58,378 and an additional license charge for CLIPS of $6,215, for a total of $64,593. With Sun Ridge Systems we will be saving $31,311 a year, respectively.

Discussion: Staff has carefully evaluated proposals from Sun Ridge Systems, CentralSquare and Tyler Technologies, all of which are leading providers of public safety software. After assessing the advantages and disadvantages of each option and comparing the cost proposals, Staff recommends proceeding with the purchase of the RIMS CAD/RMS Software from Sun Ridge Systems for a total amount of $556,704. Adopting RIMS CAD will provide the city with a powerful and versatile CAD system that enhances public safety operations and overall efficiency.

The Finance Department is recommending using an established line of credit with Umpqua Bank for the initial purchase amount of $379,665. Finance is planning to bring the financing agreement to Council for approval at the January 15, 2025, Council meeting.

Recommended Action: Authorize the City Manager to negotiate and execute an agreement with Sun Ridge Systems for the acquisition of RIMS Computer-Aided Dispatch and Records Management Software at an initial cost of $556,704, covering the first five years of annual support and updates. Additionally, authorize the continuation of the agreement beyond the initial five years, subject to Staff evaluation and approval, and approve the corresponding budget amendment for the first year's expense.

BUDGET AMENDMENT REQUIRED: Yes
CURRENT BUDGET AMOUNT: 20620231.80100.18445 (CAD System): $353,562; 20620231.90100.18445 (Loan Proceeds): $353,562
PROPOSED BUDGET AMOUNT: 20620231.80100.18445 (CAD System): $379,665; 20620231.90100.18445 (Loan Proceeds): $379,665
FINANCING SOURCE: Umpqua Line of Credit; Dispatch Fund
REVENUE: No GRANT: No
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: Marla Swan, Communications and Records Manager; Ryan Burkhart, IT Manager; Mary Horger, Financial Services Manager
DIVERSITY-EQUITY INITIATIVES (DEI):

CLIMATE INITIATIVES (CI):

GENERAL PLAN ELEMENTS (GP):

To:

From:

Subject:

Date:

Marla Swan, Ukiah Police Department
Tamera Melrose
Quotation for RIMS Software - Multi-Agency
November 18, 2024
Thank you for your interest in RIMS. The following is a quotation for RIMS software – Multi-Agency based upon your recent conversation with Bryan Morehouse.

This quote assumes that the Fort Bragg Police Department in coordination with the Ukiah Police Department will assist with the implementation of this project. Both agencies will be considered individual customers of Sun Ridge Systems.

Ukiah Police Department
Item Price
RIMS Computer-Aided Dispatch and Records Management Software $84,000 RIMS Mobile Computer Software $25,000
iRIMS Law iOS/Android App Software $11,000
RIMS In Station Mapping Software (See Mapping note) $14,000 RIMS Mobile Mapping Software (See Mapping note) $6,000
RIMS Property Room Bar Coding Software $13,000
RIMS Citizen RIMS Public Access Software $6,000
RIMS E911 Link Software $8,000
RIMS State Link Software (CLETS) $9,000
RIMS Text Paging Link Software $3,000
RIMS Collaborate Data Sharing Software $7,000
Mapping Data Engineering Services $2,500
Worth Data Bar Coding Equipment (See Bar Coding Equipment note) $1,700 Data Conversion Services (See Data Conversion note) $45,000 Installation and Project Management $56,193
Training and Travel (Includes 20 days on site - see Installation & Training note) $46,006 Annual Support and Updates - First Year $27,900
Annual Support and Updates - Second Year $27,900
Annual Support and Updates – Third Year $29,295
Annual Support and Updates - Fourth Year $30,760
Annual Support and Updates - Fifth Year $32,606
California Sales Tax $152
RIMS Officer Training Management Software [Not Included] $5,000 RIMS AFIS Link Software [Not Included] $5,000
RIMS DA Link Software [Not Included] $4,000
RIMS Body Camera Software [Not Included] $2,000
RIMS AutoCite Import Software [Not Included] $5,000
RIMS SWITRS Export Software [Not Included] $3,000
RIMS ProQ&A Link Software [Not Included] $3,000
TOTAL $486,012
Attachment 1

Fort Bragg Police Department
Item Price
RIMS Computer Aided Dispatch (CAD) Software $19,000
RIMS Mobile Computing Software $12,800
RIMS Mobile Mapping Software $4,000
Installation and Project Management (See Installation note) $6,314 Annual Support and Updates – First Year $5,382
Annual Support and Updates - Second Year $5,382
Annual Support and Updates – Third Year $5,651
Annual Support and Updates - Fourth Year $5,933
Annual Support and Updates - Fifth Year $6,230
TOTAL $70,692
Multi-Agency CAD
As priced, this configuration would utilize our multi-agency CAD. This means the Ukiah PD provides dispatch services to not only the Ukiah PD, but also to Fort Bragg PD. There is one CAD database in which both agencies’ incidents are recorded. CAD data can be separated by an agency for reporting purposes.

The Ukiah Police Department will host the RIMS servers and both agencies’ workstations will connect to that server via high-speed internet connection. All go-live support and RIMS training will attend classes already priced for the Ukiah Police Department. If separate training classes are required, additional costs will apply. The training included in this quote assumes that all participating agencies will use RIMS in the same exact way. All agencies will also be required to have local IT support services.

Conversion Information
Data Conversion: The services listed in the price chart include only converting data from your existing Central Square system. Converting any other data, including data from third party products, is not included. You are responsible for extracting that data and providing it to us for conversion. Once we receive the extracted data, we will evaluate it to determine which items may be converted into RIMS.

As part of our standard data conversion, we attempt to convert the following items. In some instances, not all data may be available or suitable for conversion.

RMS Conversion (includes some attachments):
· People: Including person name, DOB, contact info, description, ID#’s, officer safety notifications, log entries for connections to cases, for citations and for field contacts, person photos (.jpeg files stored in the RMS and NOT a separate database or system) · Arrest: Arrestee, date, time, charges, counts, offense level, disposition, booked/cited out and arresting officer ID
· Vehicles: License, state, year, color, type, log entries for connections to case and for field contacts
· Cases: Location, date report and data occurred, classification/type, offenses, case disposition and date of disposition, persons, vehicles, narratives, and supplements · Accident cases: Location, date report and data occurred, classification/type, offenses, case disposition and date of disposition, persons, vehicles, narratives, and supplements, CHP 555 form and diagram as .pdf files as part of attachments specified in Cases above · Property in cases: category, article, status, description, brand, model, item #, property code, locations, value-stolen, recovered, damaged, color, drug type, quantity/measure, disposition, officer, and chain of custody of history
· Property Room: Location table
· Premises: Common place name, address, contact person, contact phone number, alarm · Streets: (if electronic street file is available), street name, intersections with block ranges · Officers: Name, ID
· Users: Name, ID
Data Conversion - Not Included in this Project:
· CAD, JMS, Third-party Property and Evidence systems, and attachments/associated documents data will not be converted.

Software Information
Mapping: Our mapping products (In-Station and Mobile) require either an ESRI ArcView and/or a Google map source. Should you use ESRI, our price does not include the cost of the required ArcView licenses. You will need one copy of ArcView GIS ArcMap Desktop v10.8 (or later) that can be used for the first position, and additional copies of ArcGIS Engine 10.8 (or later) for each additional position that will use in-station or mobile unit that will use RIMS Mapping.

State Link: Our price includes RIMS software only. It does not include the cost of any physical connections from your agency to either the local message switch or a direct line to DOJ, nor does it include any third-party products that may be required to connect to these paths.

You will need to apply to the California DOJ for approval of this new connection. This is sometimes a lengthy process with the State, so you are encouraged to submit the application as soon as a decision has been made to purchase the RIMS State Link Software.

E911 Requirements: You will need to ensure that your E911 controller is CAD compatible, meaning it has the proper software and port to be able to connect to and communicate with a CAD system. You can obtain this information by contacting your E-911 provider. You may also need a cable to connect this PC to your E911 controller but again, this information will be available from your E911 provider.

Citizen RIMS: This software does not require any new dedicated hardware or software. It can run on your existing SQL or application server. It does require a server with internet access that also can have RIMS installed. The only software on your network will be a small Windows service which sends data to the public web server.

There is some minor configuration that must occur in RIMS. You will be asked to create "categories" for Incidents and Offenses. The Windows service previously mentioned uses the categories to determine what to send to the public web server.

Collaborate: RIMS Collaborate, integrates directly to RIMS CAD, RMS, and Mobile applications, seamlessly and connects RIMS agencies together. Agencies can share unlimited records of CAD and RMS information and view the same detailed information from other RIMS agencies. Each agency decides what information to share, down to an individual record type.

RIMS 2 Text: This product utilizes our RICO web services product, whereby text messages are sent to a device using one of two separate methods. The agency is responsible for providing the SMTP server or they can pay and sign up with Twilio SMS Services instead of using SMTP.

Software Information – Continued
iRIMS: This software runs on the Apple iPhone and iPad plus, Android phones and tablet computers. iRIMS is not a substitute for Mobile RIMS nor is it "RIMS" running on an iPhone or iPad device. iRIMS is an iOS/Android software App with a rapidly expanding portfolio of RIMS functionality.

For this product you will have to open a network port that RIMS requires to communicate between mobile devices and RIMS and alternatively provide a VPN solution on the mobile devices.

Accident Sketch Software: Our RIMS RMS software includes built-in collision reporting functionality for California CHP 555. RIMS provides a no-cost interface with Trancite's EasyStreetDraw software to complete sketches for the CHP 555. You must obtain a software license for EasyStreetDraw from Trancite prior to enabling the interface in RIMS.

Installation and Training
The number of training and support days includes the following. All training is end-user training unless specified otherwise. The number and types of classes must be confirmed by you.

Task Days
RIMS Configuration and Setup 2 (remote)
Conversion Review 2 (remote)
CAD Training 4 (2 sessions, 2 days/session)
Officer Training 4 (2 sessions, 2 days/session)
Records Training 1
Property Room Training .5
IT Go Live Preparation 1
Go Live Conversion Review 1
Admin Follow-up Training 1
Go Live 5 (2 staff on-site /2 days each, 1 staff on-site 1 day) Post Go Live Review 1 (remote)
Post Go Live – Refresher Training 2 (onsite)
Technical Requirements
The following are the recommended minimum configurations.

System Software: RIMS requires Microsoft Windows OS and SQL Server (Standard Edition) for the database. This software is not included in this quotation and must be purchased by the agency prior to installation of any RIMS software.

Technical Requirements - continued
Server Specifications: We recommend a Microsoft SQL Database Server and a separate Application Server. Depending on your agency’s size, you could run both on one server. Utilizing an existing SQL Server is also possible, providing it meets FBI CJIS requirements.

RIMS supports a traditional hardware platform or a virtual platform. The hypervisor software products supported include VMWare, Hyper-V, and others.

Monitor Resolution: The minimum monitor resolution for all RIMS applications is 1920 x 1080.

Minimum Specifications (If using existing PCs and servers)

Recommended Specifications (If purchasing new PCs and servers)

Mobile Computer Specifications: RIMS Mobile Computer Software/OFR Software and RIMS Mobile Mapping run on Windows laptops or Windows tablets per the following minimum specifications.

Recommended Specifications (If purchasing new Laptops/Tablets) Laptops / Tablets
Microsoft Windows 10+
i7/i9 Processor
16 GB+ RAM
Any Size Disk Space
Optional features for Mobile RIMS: include support for touchscreens, locally connected GPS devices (COM-port Serial or network connection to the modem), NFC readers for YubiKeys (MFA), and Driver’s License barcode scanning using enabled Getac tablets or DL scanners (Com-port Serial – AAMVA format – purchased separately by the agency).

Office Workstations Database Servers
Microsoft Windows 10+ Microsoft Windows Server 2016+
2+ Ghz Processor / i5+ Microsoft SQL Server 2016+
8 GB+ RAM Intel 2 GHz+ Processor
Any Size Disk Space 16 GB+ RAM
3x Current System Database Size for Conversion
Office Workstations Database Servers
Microsoft Windows 10+ Microsoft Windows Server 2022+
i7/i9 Processor Microsoft SQL Server 2022+
16 GB+ RAM i7, Xeon, or AMD Equivalent Processor
Any Size Disk Space 32 GB+ RAM
3x Current System Database Size for Conversion

Technical Requirements - continued
Phone and Tablet Devices: The agency must provide connectivity from the Phone or Tablet via the Internet back to the Agency to reach the Application Server. The agency must also provide a secure method to reach the Application Server, which can be done in various ways. Most agencies choose to use an agency-provided Virtual Private Network (VPN) or NetMotion-type product that these devices support. Supported Devices Include:

Signature Pads [InCustody / Property Room]: The InCustody and Property Room products support the use of signature pads. The supported device is the Topaz SigLite Slim 1x5 T-S461, electronic signature pad. This device is not provided nor maintained by Sun Ridge. It can be purchased at your local computer/office supply store or on the Internet.

Bar Coding Equipment: The bar-coding equipment, manufactured by Worth Data, includes a base station and wireless scanning terminal. These devices include a 2-year manufacturer's warranty and are not maintained by Sun Ridge. You must also purchase an inexpensive printer and labels for bar coding labels: DYMO LabelWriter 550 Turbo Label Printer and Dymo Labels # 30256 or a Zebra ZD421 Thermal Printer. These devices can be purchased at your local computer/office supply store or on the Internet.

FBI CJIS Requirements: All workstations must comply with FBI CJIS policies, including Multi-Factor Authentication (MFA). MFA can be provided within the Sun Ridge Systems products, or the agency can use its own solution. Sun Ridge Systems only offers these two MFA possession solutions: Time-Based One-Time Password (TOTP) Authenticator and physical YubiKeys (purchased by the agency). For mobile devices using Mobile RIMS or iRIMS, a Mobile Data Management (MDM) software product may be required, which Sun Ridge Systems does not provide nor sell. The agency is responsible for other FBI CJIS requirements, including virus protection, local firewalls, and VPNs. *Effective October 1, 2024, Multi-factor Authentication will be required for all workstations, except for Dispatch workstations.

Remote Access: Sun Ridge Systems uses BeyondTrust remote access software for secure installation and follow-on support services. BeyondTrust software is provided by Sun Ridge Systems; there is no cost to you.

This quotation is valid for 90 days and may change thereafter. If you have any questions, please call me at 800-474-2565. Thank you for your interest in Sun Ridge Systems RIMS software.

Android Devices iOS Devices
Android v13+ iOS v16+

Agenda Item No: 14.b.

MEETING DATE/TIME: 12/18/2024

ITEM NO: 2024-846

AGENDA SUMMARY REPORT
SUBJECT: Consideration of Adoption of Resolution Making Appointments to Boards and Commissions.

DEPARTMENT: City Clerk PREPARED BY: Kristine Lawler, City Clerk PRESENTER: Kristine Lawler, City Clerk
ATTACHMENTS:

1. Resolution 2024-09

2. Denise Gorny Application

3. Xochilt J. Morales de Martinez Application

4. Brian Williams Application

5. Chrystal Thurman Application

6. Proposed Resolution
Summary: Council will consider adopting resolution Making Appointments to Boards and Commissions.

Background: Diversity and Equity Standing Committee: The structure of the standing committee is designed to ensure optimal representation from the diverse demographic groups represented in the population of the City of Ukiah and the larger community living and working in the Ukiah Valley. The Standing Committee consists of eleven (11) members. The members consist of two members of the City Council and nine members of the city of Ukiah or the Ukiah Valley, including Redwood and Potter Valleys who serve or represent: individuals and families who are low income, persons with physical or mental disabilities, persons from the LGBTQ+ community, members of Native American tribes and communities in Mendocino County, members of the Hispanic/Latino community, persons of color, people whose primary language is not English, youth ages 21 and younger, and seniors 65 years and older. Appointments are made per Resolution 2024-09 (Attachment 1).

Public Spaces Commission: The Public Spaces Commission shall provide advice and recommendations to Council regarding 1) City-owned properties that are open to the public, free of charge, such as parks, paths, and public right-of-ways; 2) creeks within the city limits; 3) open spaces within and outside of the city limits that are undeveloped and conserved or in consideration of future conservation; 4) and the recreational uses of these spaces. The Public Spaces Commission consists of seven (7) at large members who may reside within the city limits or outside the city limits but within the Ukiah Valley; provided, that a majority of the seven (7) Commission members must reside within the city limits. All members of the Commission shall be appointed by the City Council.

Discussion: Diversity and Equity Standing Committee: Seven positions have been noticed due to term expirations: Persons with lived experience of poverty (currently or formerly living at or below the poverty level); Person with physical or mental disabilities; Persons from the LGBTQ+ community; Native American tribes and communities in Mendocino County; Youth 21 years and younger; Persons of color ; Persons whose primary language is not English.

Three applications have been received: Denise Gorny (Attachment 2; incumbent) representing Persons with lived experience of poverty; Xochilt J. Morales de Martinez (Attachment 3; incumbent) representing Persons with physical or mental disabilities; and Brian Williams (Attachment 4) representing Native American tribes and

communities in Mendocino County. Staff has reviewed these applications and determined that the applicants meet the requirements for the positions.

Public Spaces Commission: Two vacancies have been noticed since 2022 for the Public Spaces Commission for the following positions: At Large City Resident and At Large, City or County Resident. One application has been received from Chrystal Thurman (Attachment 5), who meets the city residency requirements.

Staff recommends adopting the resolution (Attachment 6) making the following appointments:

BOARD/COMMISSION NAME POSITION TERM EXPIRATION
Diversity and Equity
Standing Committee
Denise Gorny Persons with lived
experience of poverty
12/18/26
Diversity and Equity
Standing Committee
Xochilt J. Morales
de Martinez
Persons with physical or
mental disabilities
12/18/26
Diversity and Equity
Standing Committee
Brian Williams Native American tribes
and communities in
Mendocino County
12/18/26
Public Spaces
Commission
Chrystal Thurman At Large City Resident
12/18/27

Recommended Action: Adopt Resolution making appointments to various Boards and Commissions.

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: Traci Boyl, Management Analyst.

DIVERSITY-EQUITY INITIATIVES (DEI): Recruit, retain, and advance a community of staff that reflects, values, and celebrates the diversity of the community we serve.

CLIMATE INITIATIVES (CI): N/A
GENERAL PLAN ELEMENTS (GP): N/A

RESOLUTION NO. 2024- 09

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH MODIFYING THE DIVERSITY

AND EQUITY STANDING COMMITTEE
WHEREAS:

1. The population of the City of Ukiah and the larger community living in the Ukiah Valley who work and shop in the City of Ukiah consist of a diversity of demographic groups, including individuals and families who are low income, persons with physical or mental disabilities, persons from the LGBTQ+ community, members of Native American tribes and communities in Mendocino County, members of the Hispanic/ Latino community, persons of color, people whose primary language is not English, youth 21 years and younger, and seniors 65 years and older; and

2. These different demographic groups face unique barriers to accessing employment and municipal services and have different needs affecting their receipt of municipal services than the general population; and

3. Other demographic groups exist in this area which are not specifically identified in this resolution, but the identified groups are believed to be the most substantial of such groups; and

4. If other such groups are identified as significant as a result of the Committee' s work or otherwise, the membership of the Committee can be expanded to include them in the future; and

5. The City has established a standing committee of the City Council, known as the Diversity and Equity Standing Committee, which is an advisory body reporting to the City Council and to the City Manager and City Department Heads, as a means to adopt written objectives to improve diversity and equity in the City' s workforce and in the provision of municipal services; develop a written Action Plan to achieve those objectives; implement and oversee the Action Plan; provide an annual review and update to the City Council on the Committee' s progress; and propose revisions to the plan as necessary.

NOW, THEREFORE BE IT RESOLVED as follows:

1. MEMBERSHIP; APPOINTMENT
The Equity and Diversity Standing Committee (" Committee") shall consist of eleven ( 11) members.

The members shall consist of two members of the City Council and one member from each of nine organizations in the City of Ukiah or the Ukiah Valley, including Redwood and Potter Valleys, which serve or represent: ( 1) Persons with lived experience of poverty ( currently or formerly living at or below the poverty level); ( 2) Persons with physical or mental disabilities; ( 3) Persons from the LGBTQ+ community; ( 4) Native American tribes and communities in Mendocino County; ( 5) Persons from the Hispanic/ Latino community; ( 6) Persons of color ( 7) Persons whose primary language is not English; ( 8) Youth 21 years and younger; and ( 9) Seniors 65 years or older. In addition, committee members must either reside or work in the City of Ukiah. Members shall be appointed by the City Council based on written applications submitted by deadlines established by the City Council and any oral interviews the City Council may elect to conduct.

ATTACHMENT 1

2. TERM OF OFFICE; VACANCIES
A. Terms of Office. All appointments to the Committee shall be for a term of two ( 2) years during which the member serves and the will and pleasure of the City Council. Appointments to fill vacancies during a term of office shall be filled as provided in Section 1. The person appointed shall serve for the remainder of the term of that vacancy. Members whose terms expire may be reappointed to serve subsequent terms.

B. Vacancies. Vacancies may occur as a result of the member' s death or incapacity, resignation, no longer residing or working in the City, termination by the City Council with or without cause or failure of a member to attend three ( 3) meetings in any consecutive four-month period without the prior approval of the Committee.

3. DUTIES OF THE COMMITTEE
Having developed and implemented its two- year Action Plan and incorporated DEI priorities into the City' s major planning documents and strategic plan, the Committee shall now have the following responsibilities:

1. To continuously assess the impact of the City' s DEI efforts within the community and make recommendations regarding City programs, policies, and services as necessary.

2. To serve as ambassadors promoting diversity, equity, and inclusion within the community and representing the City' s commitment to these values.

3. To raise public awareness about the City' s commitment to DEI initiatives and values by sharing information about City programs, policies, employment opportunities, and services through social media channels, email, and word of mouth.

4. EXPENSES OF MEMBERS; NO COMPENSATION
The members of the Committee shall receive no compensation or reimbursement for expenses.

5. CHAIRPERSON; OFFICERS
The Committee shall elect a presiding officer to preside at special and regular meeting. City staff assigned by the City Manager shall provide support services, including preparation and posting of agendas, preparing minutes, staff reports and other documents as required for the conduct of the Committee' s business.

6. COMMITTEE GOVERANCE.

A. Brown Act. The Committee shall comply with the Brown Act. Upon the first appointment of its members, it shall establish a meeting date and time for regular meetings and a procedure for placing items on its agendas. Special meetings may be called by the Chairperson, City staff assigned to assist the Committee or by the Committee during a regular or special meeting.

B. Parliamentary procedure. The Committee shall adopt any rules it considers necessary for the orderly conduct of its meetings which may, but are not required to, use all or any portion of Robert's Rules of Order or the City Council rules for conducting City Council meetings.

PASSED, ADOPTED and APPROVED this 31 day of April 2024 by the following vote on roll call vote:

AYES: Councilmembers Rodin, Orozco, Sher, Crane, and Mayor Duenas NOES: None
ABSTAIN: None
ABSENT: None
Jose Du nas, Mayor
ATTEST:

Kristine Lawler, City Clerk

Attachment 3

ATTACHMENT 6
RESOLUTION NO. 2024-XX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH MAKING APPOINTMENTS TO

THE DIVERSITY AND EQUITY STANDING COMMITTEE AND THE PUBLIC SPACES

COMMISSION
WHEREAS, Seven positions on the Diversity and Equity Standing Committee have been noticed due to term expirations - Persons with lived experience of poverty (currently or formerly living at or below the poverty level); Person with physical or mental disabilities; Persons from the LGBTQA community; Native American tribes and communities in Mendocino County; Youth 21 years and younger; Persons of color ; Persons whose primary language is not English; and WHEREAS, Three applications have been received for the Diversity and Equity Standing Committee: Denise Gorny for the Persons with lived experience of poverty; Xochilt J. Morales de Martinez for the Persons with physical or mental disabilities; and Brian Williams for the Native American tribes and communities in Mendocino County. Staff has reviewed these applications and determined that the applicants meet the requirements for the positions; and WHEREAS, Two vacancies have been noticed since 2022 for the Public Spaces Commission for the following positions: At Large City Resident and At Large, City or County Resident; and WHEREAS, One application has been received from Chrystal Thurman, who meets the residency requirements.

NOW, THEREFORE, BE IT RESOLVED, that the Ukiah City Council hereby appoints the following persons and terms:

BOARD/

COMMISSION

NAME POSITION TERM

EXPIRATION
Diversity and Equity
Standing Committee Denise Gorny Persons with lived experience of poverty 12/18/2026 Diversity and Equity
Standing Committee Xochilt J. Morales de Martinez Persons with physical or mental disabilities 12/18/2026 Diversity and Equity
Standing Committee Brian Williams
Native American tribes
and communities in
Mendocino County
12/18/2026
Public Spaces
Commission Chrystal Thurman At Large City Resident 12/18/2027 PASSED AND ADOPTED this 18th day of December 2024, by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
, Mayor
ATTEST:

ATTACHMENT 4
Kristine Lawler, City Clerk

Agenda Item No: 14.c.

MEETING DATE/TIME: 12/18/2024

ITEM NO: 2024-798

AGENDA SUMMARY REPORT
SUBJECT: Receive Updates on City Council Committee and Ad Hoc Assignments, and Initiate Review of the 2025 Council Assignments List.

DEPARTMENT: City Clerk PREPARED BY: Kristine Lawler, City Clerk PRESENTER: City Manager Sangiacomo
ATTACHMENTS:

1. 2025 Draft City Council Special Assignments
Summary: City Council members will provide reports and updates on their committee and ad hoc assignments.

Each year following the rotation of the mayor position, the incoming mayor leads a review of assignments. The Council will begin review of committee assignments, which will come back at the January 15, 2025, City Council meeting for finalization.

Background: City of Ukiah Councilmembers take an active role in various commissions and committees that are part of city, county, regional, and statewide governance and interests. Each year, the incoming mayor leads a discussion and makes annual appointments for members assigned to the various groups. The assignments are broken out into four categories as follows:

County / Regional (On-going; Principal Representative + Alternate) - The City takes part in decision making by these groups and is represented by an appointed member, who has a designated alternate. These assignments typically require attendance at a monthly (or other interval) meeting.

County / Regional (On-going; One + Staff Alternate) - The City takes part in discussions, may be a member of the Board, or have ex officio status (observer). City staff is active with these groups and serves as an alternate or single representative for the City. These groups typically have monthly meetings.

Local / County / Regional Liaisons (On-Going; One or Two Council and/or Staff) - This group varies; some meetings are regularly scheduled and others are arranged occasionally as needed. This group includes appointments that may, from time to time, include a Board seat for a City Council member.

Ad Hoc Committees (Limited Time; One or Two Council + Principal Staff Support) - The City Council may establish and appoint ad hoc committees at any time throughout the year. Ad Hoc Committees are established on an as needed, temporary basis for the purpose of addressing particular issues and will disband once the work is complete.
***Note: Although the Council Ad Hoc Committees are a part of the Council Special Assignment List, they are officially appointed by the Council at various meetings, and are subject to Council approval for any changes.

Discussion: The incoming Mayor is currently reviewing the 2025 City Council Special Assignments List in anticipation of a discussion item at the January 15, 2025, Council Meeting. Attachment #1 is the draft assignment list and ad hoc committees showing the vacancies left by departed Councilmember Josefina Duenas.

The incoming Mayor is requesting that Councilmembers send the City Clerk via email their preferences for specific assignments they are seeking or would like to relinquish. Preferences need to be received by January 6 th, so that the information can be incorporated for the January discussion item.

Recommended Action: 1) Receive report(s); 2) Initiate review of the 2025 Special Assignments, which will be finalized at the January 15, 2025, Council Meeting.

BUDGET AMENDMENT REQUIRED: No
CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: N/A
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: City Manager Sangiacomo
DIVERSITY-EQUITY INITIATIVES (DEI): Goal 1 – Create and sustain a diverse, equitable, and inclusive workplace and workforce that reflects, values, and celebrates the diverse community we serve. Goal 2 – Eliminate internal and external barriers to Diversity, Equity, and Inclusion within the systems of our organization. Goal 3 – Recruit, retain and advance a community of staff that reflects, values, and celebrates the diversity of the community we serve Goal 4 – Identify and actively engage underrepresented communities in which to retain, expand, develop, and implement programs.

CLIMATE INITIATIVES (CI): N/A
GENERAL PLAN ELEMENTS (GP): N/A

2025 CITY COUNCIL SPECIAL ASSIGNMENT LIST

LOCAL / UKIAH VALLEY MTG DATE/TIME MEETING LOCATION MAILING ADDRESS/CONTACT COMMITTEE FUNCTION ASSIGNED TO PRINCIPAL STAFF SUPPORT City Broadband Project TBD TBD
Civic Center
300 Seminary Ave.

Ukiah, CA 95482
to evaluate the Request for Proposal (RFP) for the Internet Service Provider (ISP) for the California's Public Utilities Commission (CPUC) Last Mile Broadband
Orozco
Jim Robbins, Grants Manager, 463-6708;
[email protected]
Investment Oversight Committee Varies
Civic Center
300 Seminary Ave.

Ukiah, CA 95482
Civic Center
300 Seminary Ave.

Ukiah, CA 95482
Reviews City investments, policies, and strategies
Crane
Orozco - Alternate
Alan Carter, Treasurer
Dan Buffalo, Director of Finance; 463-6220
[email protected]
Disaster Council
Shall meet a minimum of
once a year at a time and
place designated upon
call of the chair
Place designated upon call of the chair or, if
she/he is unavailable or unable to call such
meeting, the first vice chair and then the City
Manager or her/his designee.

Office of Emergency Management
300 Seminary Ave.

Ukiah, CA 95482
467-5720 - Traci Boyl
Develop any necessary emergency and mutual aid plans, agreements, ordinances, resolutions, rules, and regulations.

Orozco
Duenas- Alternate
Traci Boyl, City Manager's Office Management
Analyst; 467-5720; [email protected]
Greater Ukiah Business & Tourism
Alliance (GUPTA)
4th Monday of month,
10 a.m.
200 S School St.

Ukiah, CA 95482
200 S School St.

Ukiah, CA 95482
Promotes tourism and works to strengthen and promote the historic downtown and businesses within the greater Ukiah area
Marianne Davison - Community
Services Department Staff
Duenas - Alternate
Shannon Riley, Deputy City Manager;
467-5793 [email protected]
Mendocino County Inland Water and
Power Commission (IWPC)
2nd Thursday of month,
6:00 p.m.

Civic Center
300 Seminary Avenue
conference room 5
IWPC Staff
P.O. Box 1247
Ukiah, CA 95482
391-7574 - Candace Horsley
Develops coordination for water resources and current water rights: Potter Valley project - Eel River Diversion
Rodin
Orozco - Alternate
Sean White, Director of Water Resources;
463-5712 [email protected]
North Coast Opportunities (NCO) 4th Wednesday of
month, 2 p.m. Alternating locations - Ukiah and Lakeport Governing Board Chair
North Coast Opportunities
413 North State Street
Ukiah, CA 95482
Assist low income and disadvantaged people to become self reliant Burgess Jake Burgess, Community Services Supervisor;
463-6201
[email protected]
Sun House Guild ex officio 2nd Tuesday of month,
4:30 p.m.

Sun House
431 S. Main St.

Ukiah, CA
431 S. Main Street
Ukiah, CA 95482
467-2836
Support and expand Grace Hudson Museum Duenas
Neil Davis - Alternate
David Burton, Museum Director; 467-2836
[email protected]
Ukiah Valley Basin Groundwater
Sustainability Agency (GSA)
2nd Thursday of month,
1:30 p.m.

Board of Supervisors Chambers; 501 Low
Gap Road
Ukiah, CA
County Executive Office
501 Low Gap Rd., Rm. 1010
Ukiah, CA 95482
463-4441
GSA serves as the Groundwater Sustainability Agency in the Ukiah Valley basin
Crane
Duenas- Alternate
Sean White, Director of Water Resources;
463-5712 [email protected]

MENDOCINO COUNTY MTG DATE/TIME MEETING LOCATION MAILING ADDRESS/CONTACT COMMITTEE FUNCTION ASSIGNED TO PRINCIPAL STAFF SUPPORT City Selection Committee Called as required by the
Clerk of the Board
BOS Conference Room
501 Low Gap Rd. Rm. 1090
Ukiah, CA
C/O: BOS
501 Low Gap Rd., Rm 1090
Ukiah, CA 95482
463-4441
Makes appointments to LAFCO and Airport Land Use Commission (Mayor - Primary; Vice Mayor - Alternate)
Mayor Duenas
Vice Mayor Crane - Alternate
Kristine Lawler, City Clerk; 463-6217
[email protected]
Economic Development & Financing
Corporation (EDFC)
2nd Thursday of month,
2:00 p.m.

Primarily 631 S. Orchard Street
(location varies)
Executive Director
631 South Orchard Avenue
Ukiah, CA 95482
467-5953
Multi-agency co-op for economic development and business loan program Riley (appointed 12/19/18)
Shannon Riley, Deputy City Manager;
467-5793 [email protected]
Library Advisory Board
3rd Wednesdays of
alternate months; 1:00
p.m.

Various Mendocino County Libraries Ukiah County Library 463-4491 Review library policy and activities Sher
Rodin - Alternate
Kristine Lawler, City Clerk; 463-6217;
[email protected]
Mendocino County 1st District Liaison Monthly; TBD
Civic Center Annex
conference room #5
411 West Clay St.

Ukiah, CA 95482
Civic Center
300 Seminary Ave.

Ukiah, CA 95482
To coordinate activities and policy development with the City's 1st District Supervisor
Rodin
Crane- Alternate
Sage Sangiacomo, City Manager;
463-6221; [email protected]
Mendocino County 2nd District Liaison 1st Wednesdays of month, 8:00 a.m.

Civic Center Annex
conference room #5
411 West Clay St.

Ukiah, CA 95482
Civic Center
300 Seminary Ave.

Ukiah, CA 95482
To coordinate activities and policy development with the County's 2nd District Supervisor
Rodin
Duenas - Alternate
Shannon Riley, Deputy City Manager;
467-5793 [email protected]
Mendocino Council of Governments
(MCOG)
1st Monday of month,
1:30 p.m.

Board of Supervisors Chambers
501 Low Gap Road
Ukiah, CA
Executive Director
367 N. State Street, Ste. 206
Ukiah, CA 95482
463-1859
Plan and allocate State funding, transportation, infrastructure and project County wide
Duenas
Sher - Alternate
Tim Eriksen, Public Works Director/City Engineer;
463-6280 [email protected]
Mendocino County Airport Land Use
Commission As needed
BOS Conference Room
501 Low Gap Rd., Rm. 1090,
Ukiah, CA
Mendocino County Executive Office
501 Low Gap Rd. Rm. 1010
Ukiah, CA 95482
To formulate a land use compatibility plan, provide for the orderly growth of the airport and the surrounding area, and safeguard the general welfare of the inhabitants within the vicinity
Liaisons: Owen/Schlatter
Greg Owen, Airport Manager; 467-2855;
[email protected]
Craig Schlatter, Director of Community
Development; 463-6219;
[email protected]
Mendocino County Local Area
Formation Commission (LAFCO)
1st Monday of month,
9:00 a.m. Board of Supervisors Chambers
Executive Director
200 S. School Street, Ste. 2
Ukiah, CA 95482
463-4470
Required by legislation - planning spheres of influence, annexation, service areas, and special districts
Rodin
Crane - Alternate for both city seat
members on Commission
Craig Schlatter, Director of Community
Development; 463-6219;
[email protected]
Updated: 12/12/2024
ATTACHMENT 1

2025 CITY COUNCIL SPECIAL ASSIGNMENT LIST

MENDOCINO COUNTY
Continued MTG DATE/TIME MEETING LOCATION MAILING ADDRESS/CONTACT COMMITTEE FUNCTION ASSIGNED TO PRINCIPAL STAFF SUPPORT Mendocino Solid Waste Management
Authority (MSWMA)
3rd Thursday of every
other month (varies),
10:00 a.m.

Willits Council Chambers
Solid Waste Director
3200 Taylor Drive
Ukiah, CA 95482
468-9710
County-wide Solid Waste JPA Crane
Sher - Alternate
Tim Eriksen, Public Works Director/City Engineer;
463-6280 [email protected]
Mendocino Transit Authority (MTA)
Board of Directors
Last Wednesday of
month, 1:30 p.m.

Alternating locations - Ukiah Conference
Center or Fort Bragg, or Point Arena
Executive Director
241 Plant Road
Ukiah, CA 95482
462-1422
County-wide bus transportation issues and funding Sher
Duenas - Alternate
Tim Eriksen, Public Works Director/City
Engineer; 463-6280 [email protected]
Mendocino Youth Project JPA Board of
Directors
3rd Wednesday of
month, 7:45 a.m. 776 S. State Street Conference Room
Mendocino Co. Youth Project
776 S. State Street, Ste. 107
Ukiah, CA 95482
707-463-4915
Targets all youth with a focus on drug and alcohol prevention, healthy alternatives and empowering youth to make healthy choices Cedric Crook, Police Chief
Duenas - Alternate
Cedric Crook, Police Chief; 463-6771;
[email protected]
Russian River Flood Control District
(RRFCD) Liaison
1st Monday of month,
5:30 p.m.
151 Laws Ave.,Suite D
Ukiah, CA
151 Laws Ave., Ukiah, CA 95482;
[email protected]; 462-5278
Proactively manage the water resources of the upper Russian River for the benefit of the people and environment of Mendocino County White/Orozco Sean White, Director of Water Resources;
463-5712 [email protected]
Ukiah Players Theater Board of
Directors
3rd Tuesday of month,
6:00 p.m
1041 Low Gap Rd
Ukiah, CA 95482
462-1210
1041 Low Gap Rd
Ukiah, CA 95482
462-1210
To oversee the activities, organization and purpose of the Ukiah Players Theater
Greg Owen, Airport Manager
(appointed 12/19/18)
Kristine Lawler, City Clerk; 463-6217
[email protected]
Ukiah Unified School District (UUSD)
Committee Quarterly 511 S. Orchard, Ste. D
Ukiah, CA 95482
511 S. Orchard
Ukiah, CA 95482
Information exchange with UUSD Board Chair, Mayor, Superintendent, and City Manager
Duenas
Rodin - Alternate
Sage Sangiacomo, City Manager
Cedric Crook, Police Chief
Sage Sangiacomo, City Manager; 463-6221
[email protected]

REGIONAL MTG DATE/TIME LOCATION MAILING ADDRESS/CONTACT COMMITTEE FUNCTION ASSIGNED TO PRINCIPAL STAFF SUPPORT Great Redwood Trail Agency Bi-monthly, 3rd
Thursdays, 10:30 a.m. Various Locations - announced
419 Talmage Road, Suite M
Ukiah, CA 95482
463-3280
Provides a unified and revitalized rail infrastructure meeting the freight and passenger needs of the region
Rodin
Duenas - Alternate
Neil Davis, Community Services Director
467-5764 [email protected]
League of California Cities Redwood
Empire Legislative Committee
Prior to Division
Meetings, meets 3x in
person and then via
conference call
Various locations that are announced
Redwood Empire League President;
Public Affairs Program Manager
(916) 658-8243
Elected city officials and professional city staff attend division meetings throughout the year to share what they are doing and advocate for their interests in Sacramento
Duenas
Orozco - Alternate
Sage Sangiacomo, City Manager; 463-6221
[email protected]
Russian River Watershed Association
(RRWA)
4th Thursday of month,
9:00 a.m. (only 5 times a
year)
Windsor Town Hall
9291 Old Redwood Hwy, #400
Windsor, CA 95492
707-838-1000
Russian River Watershed Association
2235 Mercury Way, Suite 105
Santa Rose, CA 95407
[email protected]
707-508-3670 (message only)
Consider issues related to Russian river - plans projects and funding requests
Rodin
Sher - Alternate
Tim Eriksen, Public Works Director/City Engineer;
463-6280 [email protected]
Northern California Power Agency
(NCPA) - Commission
4th Thursday of month,
9:00 a.m. (see NCPA
calendar)
Roseville, CA
and other locations
651 Commerce Drive
Roseville, CA 95678
916-781-4202
Pool of State and local power utilities developing and operating power generation, providing scheduling and related energy services and providing regulatory and legislative support.

Crane - Commissioner
Sher - City Council Alternate
Sauers - Alternate and Commissioner in
absence of Commissioner Crane
Cindi Sauers - Electric Utility Director;
463-6286 [email protected]
Northern California Power Agency
(NCPA) – Lodi Energy Center (LEC)
Appointment
2nd Monday of month,
10:00 AM
Lodi, CA and other locations
651 Commerce Drive
Roseville, CA 95678
916-781-4299
Committee oversees the operation, maintenance and expenditures of the LEC 300 MW generating project.

Sauers – Project Participate
Appointee
Cindy Sauers, Electric Utility Director,
463-6286, [email protected]
Transmission Agency of Northern
California (TANC)
4th Wednesday of
month, 10 a.m. 35 Iron Point Circle Suite 225 Folsom, CA 35 Iron Point Cir #225
Folsom, CA 95630
916-852-1673; [email protected]
Provide electric transmission to its Member utilities through transmission line ownership or contract arrangements.

Crane
Sauers - Alternate
Cindi Sauers - Electric Utility Director;
463-6286 [email protected]

STANDING COMMITTEES MTG DATE/TIME LOCATION MAILING ADDRESS/CONTACT COMMITTEE FUNCTION ASSIGNED TO PRINCIPAL STAFF SUPPORT Diversity and Equity TBD Virtual Meeting Room
(link to be created)
Civic Center
300 Seminary Ave.

Ukiah, CA 95482
Improve diversity and equity in the City’s workforce and municipal services Orozco/Duenas Traci Boyl, City Manager's Office Management
Analyst; 467-5720; [email protected]
Fire Executive Committee
2nd Tue, every other
month beginning in
January; 5:00 p.m.

Ukiah Valley Conference Center,
200 S. School Street
Ukiah, CA
Civic Center
300 Seminary Ave.

Ukiah, CA 95482
[email protected]
Per the recently adopted agreement between the City of Ukiah and the Ukiah Valley Fire Protection District Orozco/Sher
Doug Hutchison, Fire Chief; 463-6263;
[email protected]
Countywide Oversight Board to the
RDA Successor Agencies
4th Thursday of January,
4:00 p.m.; meets annually
Ukiah Valley Conference Center,
200 S. School Street
Ukiah, CA
City of Ukiah
ATTN: City Clerk
300 Seminary Ave.

Ukiah, CA 95482
Oversee and direct the Successor Agencies of the former redevelopment agencies
Crane
Dan Buffalo, Director of Finance; 463-6220
[email protected]
Kristine Lawler, City Clerk; 463-6217,
[email protected]
Water Executive Committee
(Ukiah Valley Water Authority)
1st Tue of each month
at 6:00 p.m.

Ukiah Valley Conference Center,
200 S. School Street
Ukiah, CA
City of Ukiah
ATTN: Sean White
300 Seminary Ave.

Ukiah, CA 95482
Oversight of UVWA; set annual budget for the combined water system; Manage rates and collect levies; modify existing water rights for the provision of water service; mediation and dispute resolution; Crane/Orozco
Sean White, Director of Water Resources;
463-5712 [email protected]
Updated: 12/12/2024

COMMITTEE ASSIGNED TO PRINCIPAL STAFF SUPPORT
Electric Grid Operational Improvements Crane/Orozco Cindy Sauers, Electric Utility Director; 463-629586 [email protected]
Trench Cut Policy Development Crane Tim Eriksen, Public Works Director/City Engineer; 463- 6280 [email protected]
Advance Planning & Policy for Sphere of Influence
(SOI), Municipal Service Review (MSR), Annexation,
Tax Sharing, Detachment, and Out of Area Service
Agreements
Crane/Rodin
Craig Schlatter, Community Development Director
463-6219 [email protected]
UVSD/ City Relations
Ad hoc committee to address specific issues with the Ukiah Valley Sanitation District, including discussion of overall sewer system service delivery policies, operating policy revisions, potential revisions to the current Operating Agreement, and cost sharing
Crane/Orozco
Dan Buffalo, Director of Finance;
463-6220 [email protected]
Sean White, Water Resources Director
463-5712 [email protected]
Orr Street Bridge Corridor Rodin/Sher Tim Eriksen, Public Works Director/City Engineer; 463- 6280 [email protected]
Complete Streets Rodin/Crane
Tim Eriksen, Public Works Director/City Engineer; 463-
6280 [email protected]
Shannon Riley, Deputy City Manager
467-5793 [email protected]
Neil Davis, Community Services Director
467-5764 [email protected]
Special Districts (Water District Consolidation) Orozco/Crane Shannon Riley, Deputy City Manager 467-5793 [email protected]
Corp Yard Planning Crane/Orozco Jason Benson, Senior Civil Engineer 463-6284 [email protected]
Mendocino County Courthouse Project and Reuse Sher/Orozco Shannon Riley, Deputy City Manager 467-5793 [email protected]
Climate Action Plan
Will coordinate with the Community Development Director to identify and assign representation to each of the identified categories, and also coordinate with the Community
Development Director and the Climate Action Plan Working Group related to other outreach efforts during the development of the draft municipal Climate Action Plan related to the 2040 General Plan
Sher/Duenas
Craig Schlatter, Community Development Director
463-6219 [email protected]
City's 150-Year Anniversary Planning Orozco/Rodin Shannon Riley, Deputy City Manager 467-5793 [email protected]
Zoning Reform
(previously was the Community Development Fee Review
ad hoc)
function is to explore creation of a new ministerial zoning permit and identify additional zoning streamlining and reform efforts to provide better and more consistent development outcomes Crane/Orozco
Craig Schlatter, Community Development Director
463-6219 [email protected]
Community Health Needs Assessment (CHNA)
Steering Committee
assist in the creation of the 2025 CHNA Report for the
communities served by the three Adventist Health hospitals in Mendocino County. providing insight, identifying, gathering and analyzing the health needs of our community. Additionally Rodin/Sher
Jeremy Malin, NP
Director of Community Health Analytics
Adventist Health Howard Memorial
Adventist Health Ukiah Valley
Adventist Health Mendocino Coast
978-289-3330; [email protected]
Parks & Recreation Special District Exploration Rodin/Orozco Neil Davis, Community Services Director 467-5764 [email protected]
Downtown Zoning code Crane/Rodin Craig Schlatter, Community Development Director 463-6219 [email protected]
Tourism Advisory Committee Rodin/Sher Shannon Riley, Deputy City Manager 467-5793 [email protected]
City Council Handbook Review and Update Sher Kristine Lawler, City Clerk 463-6217; [email protected]
2025 AD HOC COMMITTEES
Updated: 12/12/2024