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City of Ukiah
21-CDBG-HA-00001
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Exhibit E
City of Ukiah
21-CDBG-HA-00001
Loan Servicing Procedures
CDBG Program
Overview
The City of Ukiah’s loan portfolio consists of a number of CDBG direct homeownership assistance (DHA) loans (from 04-STBG-1938) and business assistance loans (10-EDEF-7261, 16-CDBG-11147, Program Income), and in the future could include housing rehabilitation loans.
The below procedures constitute the City’s loan servicing procedures.
I. PROCEDURE- DEFERRED PAYMENT LOANS (DPLs):
All City DHA (formerly Downpayment Assistance Program) loans were funded by a 2004 grant, #04-STBG-1938, and all have terms of 30 years, a simple interest rate of 3%, and payments deferred for the term of the loan or as described in the deed of trust. Future City Owner Investor (OIR) or Owner Occupied Housing Rehabilitation (OOR) loans may have deferred payments. Note: all CDBG DPLs and details of loans are to be recorded in the City’s Loan Portfolio Management System, saved in a confidential folder accessible only to Finance and CDBG program administrators with permissions. The link for this file is S:/Community Development/Housing Services Division/Housing Division-Confidential. All CDBG loans are to be stored in the City’s vault, accessed only by select confidential employees in the Finance Department and Community Development Department (CDD) confidential employees. The vault is to remain locked at all times when not in use.
A. Annual Servicing Procedures
1. Hazard Insurance- check loan file to ensure proof of hazard insurance received. At the time/date of loan closing, proof of hazard insurance with City of Ukiah listed as additional insured was to have been received. This sets the anniversary date. If proof of insurance not received by anniversary date, proceed as follows.
a. Send 1st notification letter to borrower (see form letter in Attachment A). b. If not hearing response within 10 days and/or not receiving updated proof of insurance, contact via phone (from number listed on application) and send 2nd notification letter (see form letter in Attachment B). 2nd notification letter sets forth default procedure, lists current amount due (principal plus accrued interest), and deadline for receiving proof of insurance.
c. If still have not received response, try contacting borrower by phone and title company listed in the Deed to ensure loan still active. If loan not still active and/or no response received, proceed with Default Procedures described in Section III of these procedures.
2. Verification of Owner-Occupancy- request a copy of the utility bill from borrower via phone, on the anniversary date of the loan (tip: primary City loan servicer should set reminders within Outlook calendar). Contacting via phone is a second way of verifying Attachment 2
Exhibit E
City of Ukiah
21-CDBG-HA-00001
owner occupancy. Ask borrower if renting out the home to anyone; and ensure they know the terms of their loan. If not receiving a response within 5 days, proceed as follows:
a. Send 1st notification letter to borrower (see form letter in Attachment A). Note that the 1st notification letter for owner-occupancy verification is the same as the 1st notification letter for hazard insurance verification. This gives borrower 10 days to respond, as outlined. b. If not hearing response within 10 days and/or not receiving utility bill, contact via phone (from number listed on application) and send 2nd notification letter (see form letter in Attachment B). 2nd notification letter sets forth default procedure, lists current amount due (principal plus accrued interest), and deadline for receiving copy of verification. Tip: borrower can provide permissions via letter for City loan servicer to access utility bill information from City’s Electric Utility Division/Customer Service for future owner occupancy verifications. This saves time for both the borrower and City. c. If still have not received response, try contacting borrower and title company to ensure loan still active. If loan not still active and/or no response received, proceed with Default Procedures described in Section III of these procedures.
B. Payoffs (Demand)
Payoffs will usually come in one of two forms: a request for demand statement from borrower or borrower’s estate- for borrower selling or refinancing home to remove CDBG loan- or at the conclusion of a default. Below is the City’s procedure.
1. Title Company or borrower contacts City for payoff demand. CDD requests escrow number for payoff from title officer.
2. CDD utilizes Loan Portfolio Management System to get estimate (if requested) of total principal plus interest due.
3. CDD prepares payoff demand letter, with 30-day payoff schedule (see Attachment C for form letter plus schedule).
4. CDD emails or mails letter (as requested) to title officer. A PDF of the letter is made for the Finance department, which CDD emails to the designated Finance employee. o During email/phone correspondence, CDD requests that Title prepare the Substitution of Trustee/Deed of Reconveyance for the City. This will be signed and notarized by a City CDBG loan administrator once the transaction is completed.
5. Check for payoff received and deposited by Finance employees, with copy of receipt and check provided to CDD. CDD records check received according to procedures for Receipt of Program Income.
6. City CDBG loan administrator executes Substitution of Trustee/Deed of Reconveyance (SOT/DOR) with Title. Title records and sends copy to City for file.
7. Update made to Loan Portfolio Management System.
8. File kept in City vault (storage) according to HCD CDBG file retention policies, with copy of recorded SOT/DOR in SOT/DOR file. Once retention period elapses, file is shredded.
SOT/DOR kept per City retention policies.
C. Subordinations
A request for City CDBG loan subordination will be made by the borrower/borrower’s title company, for when the borrower has refinanced- or seeks a change related to their primary mortgage (such as consolidation of credit card debt or securing a HELOC or other property improvement financing option). Subordinations by the City are not automatic and must be reviewed to ensure the borrower is not creating additional risk for the City/CDBG program.
1. A request for subordination will usually come from the title company or lender, on behalf of the borrower. Tip: the City loan servicer may want to note to the borrower-representing agency that the City may need to speak directly to the borrower at some point in the subordination process to approve the subordination. The title company/lender/borrower may Exhibit E
City of Ukiah
21-CDBG-HA-00001
make the request sound very urgent, and this is usually because they are attempting to close the new first position loan by a certain date in order to guarantee a certain rate.
2. The City will send a subordination review letter to the borrower and/or representing agency (see Attachment D).
3. Once the City receives all information required in the subordination review (and reviews/verifies the information meets subordination approval requirements), City will notify borrower that subordination request is approved. Title company should prepare subordination approval for City CDBG loan administrator signature.
II. PROCEDURE- BUSINESS ASSISTANCE LOANS:
As of the last date of an update to these Procedures, April 20, 2021, City business assistance (BA) loans were funded by three sources: CDBG Program Income, a 2010 CDBG grant, #10- EDEF-7261, and a 2016 grant, #16-CDBG-11147. Terms and rates vary but all are amortized, even if deferred for a short time at the beginning of a loan. Note: all CDBG BA loans and details of loans are to be recorded in the City’s Loan Portfolio Management System, saved in a confidential folder accessible only to Finance and CDBG program administrators with permissions. The link for this file is S:/Community Development/Housing Services Division/Housing Division-Confidential.
A. Annual Servicing Procedures
1. Hazard Insurance- check loan file to ensure proof of hazard insurance received. At the time/date of loan closing, proof of hazard insurance with City of Ukiah listed as additional insured was to have been received. This sets the anniversary date. If proof of insurance not received by anniversary date, proceed as follows.
a. Send 1st notification letter to borrower (see form letter in Attachment A). b. If not hearing response within 10 days and/or not receiving updated proof of insurance, contact via phone (from number listed on application) and send 2nd notification letter (see form letter in Attachment B). 2nd notification letter sets forth default procedure, lists current amount due (principal plus accrued interest), and deadline for receiving proof of insurance.
c. If still have not received response, try contacting borrower by phone and title company listed in the Deed to ensure loan still active. If loan not still active and/or no response received, proceed with Default Procedures described in Section III of these procedures.
B. Payoffs (Demand)
1. Title Company or borrower contacts City for payoff demand. CDD requests escrow number for payoff from title officer.
2. CDD requests estimate from Finance (if requested) of total principal plus interest due.
3. CDD prepares payoff demand letter, with 30-day payoff schedule (see Attachment C for form letter plus schedule).
4. CDD emails or mails letter (as requested) to title officer. A PDF of the letter is made for the Finance department, which CDD emails to the designated Finance employee. a. During email/phone correspondence, CDD requests that Title prepare the UCC-3 for the City. This will be signed and notarized by a City CDBG loan administrator once the transaction is completed.
5. Check for payoff received and deposited by Finance employees, with copy of receipt and check provided to CDD. CDD records check received according to procedures for Receipt of Program Income.
Exhibit E
City of Ukiah
21-CDBG-HA-00001
6. City CDBG loan administrator executes UCC-3 with Title. Title records and sends copy to City for file.
7. Update made to Loan Portfolio Management System.
8. File kept in City vault (storage) according to HCD CDBG file retention policies, with copy of recorded UCC-3 file. Once retention period elapses, file is shredded.
III. LOAN DEFAULT PROCEDURES, INCLUDING COLLECTIONS
The below procedures should only be implemented if all other methods available to cure the default have been exhausted, including the following:
Term lengthening
Temporary interest rate reductions
Other relief options, as determined by City Staff and approved (if required) by the City of Ukiah Loan Committee
A. Amortized Loans – Missing or Late Payments
Amortized loans- frequently, Business Assistance (BA) loans but can also include housing rehabilitation loans- are loans of which the borrower makes a monthly loan payment. Payments are due to the City by a certain date each month, as determined in the Note and Deed. For BA loans, the amortization schedule is prepared at loan closing and included in the file.
The City allows a 30-day grace period for all late loan payments.
Once a payment is late by more than 30 days, the following procedures apply:
1. Payment late by more than 30 days: contact borrower by email and/or phone. Notify the borrower of the late payment and request borrower make the payment within 15 days. If upon contact with the borrower, borrower cannot make payment within 15 days, discuss possible payment plan options with borrower and inform Community Development Director.
If do not receive response from borrower, proceed to #2.
2. Payment late by more than 45 days: send late payment letter (45-day letter) to borrower. Letter references date payment due and lists that payment must be received within an additional 15 days or City may take action related to foreclosure. Community Development Director will be copied on letter. #2 occurs if borrower not responsive or if refusing to make payment/negotiating on alternative payment plan.
3. Payment late by more than 60 days: send default letter #1 (60-day letter) to borrower. Letter references date payment due and lists that payment must be received within an additional 30 days to avoid foreclosure. This is the start of foreclosure proceedings. City Attorney copied on letter.
4. Payment late by more than 90 days: City initiates foreclosure proceedings. If recovery of full loan amount not possible, will send to collections for recovery.
Note: The City loan administrator, working with City Loan Committee, should seek any relief possible to avoid foreclosure or default proceedings.
B. Deferred Payment Loans and/or Amortized Loans – Non-compliance with Loan Terms and other Unauthorized Changes
Exhibit E
City of Ukiah
21-CDBG-HA-00001
If a borrower is in violation of any of the terms of the Deed of Trust and/or Promissory Note, and if this non-compliance is intentional, the City will initiate the actions listed in IIIA, substituting the late payment language with language related to the issue of noncompliance. If the borrower states the violation of loan terms was an accident, the City loan administrator working with the City Loan Committee will attempt to correct the issue in conjunction with the borrower. (End)
-- Updated April 2021 --
Exhibit E
City of Ukiah
21-CDBG-HA-00001
ATTACHMENT A
HAZARD INSURANCE AND OWNER-OCCUPANCY VERIFICATION
Template Letter – First Notification (on City of Ukiah letterhead) Date
Borrower name
Mailing Address
City, State, Zip Code
Re: Verification of Insurance and Owner Occupancy for Address: ________________ Borrower/Business Name, CDBG loan activity name
Dear (First name),
The hazard insurance the City of Ukiah has on file for your loan is set to expire on (Expiration Date). Per the terms of your loan agreement and CDBG program requirements, the City must verify this information on an annual basis. Please submit a copy of your hazard insurance and a utility bill in your name to the Community Development Department, to my attention, at the address listed below. Alternatively, you may hand deliver copies to our offices or for verification of owner occupancy, authorize the Community Development Department to verify owner occupancy through access to this information with the City’s Utility Billing Department.
City of Ukiah Community Development Department
Attn: Name, Housing Division
300 Seminary Ave.
Ukiah, CA 95482
Under the terms of your loan, you are required to maintain a homeowner’s hazard insurance policy until the loan with the City of Ukiah is repaid. The City of Ukiah must be named on a lenders’ loss payable endorsement as mortgagee with a copy of the Certificate of Insurance sent to our Ukiah Office. You are also required to occupy the home as your primary residence. (For homeownership assistance programs only)
Please send copies of the requested information within 10 business days of the date of this letter, or by ______ (date). If you have changed insurance companies or have other changes to discuss, please contact me at _______ (phone number).
Sincerely,
Name
Title
CC: Loan File
Exhibit E
City of Ukiah
21-CDBG-HA-00001
ATTACHMENT B
HAZARD INSURANCE AND OWNER-OCCUPANCY VERIFICATION
Template Letter – Second Notification (on City of Ukiah letterhead) Date
Borrower name
Mailing Address
City, State, Zip Code
Re: Notification #2
Verification of Insurance and Owner Occupancy for Address: ________________ Borrower/Business Name, CDBG loan activity name
Dear (First name),
The hazard insurance the City of Ukiah has on file for your loan is set to expire on (Expiration Date). Per the terms of your loan agreement and CDBG program requirements, the City must verify this information on an annual basis. Please submit a copy of your hazard insurance and a utility bill in your name to the Community Development Department, to my attention, at the address listed below. Alternatively, you may hand deliver copies to our offices or for verification of owner occupancy, authorize the Community Development Department to verify owner occupancy through access to this information with the City’s Utility Billing Department.
City of Ukiah Community Development Department
Attn: Name, Housing Division
300 Seminary Ave.
Ukiah, CA 95482
Under the terms of your loan, you are required to maintain a homeowner’s hazard insurance policy until the loan with the City of Ukiah is repaid. The City of Ukiah must be named on a lenders’ loss payable endorsement as mortgagee with a copy of the Certificate of Insurance sent to our Ukiah Office. You are also required to occupy the home as your primary residence. (For homeownership assistance programs only)
Please send copies of the requested information immediately. If you have changed insurance companies or have other changes to discuss, please contact me at _______ (phone number).
Sincerely,
Name
Title
CC: Loan File
Exhibit E
City of Ukiah
21-CDBG-HA-00001
ATTACHMENT C
PAYOFF DEMAND AND 30-DAY SCHEDULE
Template Letter (on City of Ukiah letterhead)
Date
Name of Title Company
Attn: _____________, Escrow Officer
VIA EMAIL: email address of escrow officer
Address
City, State, Zip
Re: Payoff Demand for _____________ (list borrower’s name and property/business address) Escrow #: ____________________
Dear ____________:
This is a payoff demand for the Deed of Trust originally executed on ________ and recorded ________, Instrument No. ________, between ________ (borrower’s name) and the City of Ukiah for the (property/business) located at ________, Ukiah, CA 95482.
This was for a $________ (loan principal), ________ (term) CDBG ________ (name of program and activity- i.e. Deferred Payment Loan with a simple interest rate of 3%. Per the terms of the Note, payments of both accrued Interest and Principal were to be deferred until due at term, sale of property, transfer, or other as described in the Note.
Total due in principal and interest as of today, ________ (date), is $ (principal plus interest as of date of the letter). Please make your check payable to the City of Ukiah and submit to my attention.
I have attached a 30-day payoff schedule. If you anticipate the payoff on another date within the next 30 days, please refer to the schedule and adjust your payoff accordingly. If you anticipate the payoff being made after 30 days, please contact me so a new payoff schedule can be sent.
Please contact me anytime with questions at ________ (City CDBG loan administrator email address) or ________ (phone).
Sincerely,
Name
Title
Enclosures (1)
CC: Finance
File
Exhibit E
City of Ukiah
21-CDBG-HA-00001
Name:
Address:
30-day Payoff Schedule
Origination Date and Principal 1/1/2000 $0.00
Interest Rate (Simple/Amortized and details) 3%
Payoff Date
Accrued
Interest
Payoff
Amount
Date Payoff Requested $0.00 $0.00
2 $0.00 $0.00
3 $0.00 $0.00
4 $0.00 $0.00
5 $0.00 $0.00
6 $0.00 $0.00
7 $0.00 $0.00
8 $0.00 $0.00
9 $0.00 $0.00
10 $0.00 $0.00
11 $0.00 $0.00
12 $0.00 $0.00
13 $0.00 $0.00
14 $0.00 $0.00
15 $0.00 $0.00
16 $0.00 $0.00
17 $0.00 $0.00
18 $0.00 $0.00
19 $0.00 $0.00
20 $0.00 $0.00
21 $0.00 $0.00
22 $0.00 $0.00
23 $0.00 $0.00
24 $0.00 $0.00
25 $0.00 $0.00
26 $0.00 $0.00
27 $0.00 $0.00
28 $0.00 $0.00
29 $0.00 $0.00
30 $0.00 $0.00
Exhibit E
City of Ukiah
21-CDBG-HA-00001
ATTACHMENT D
SUBORDINATION REQUEST FORM
Template Letter (on City of Ukiah letterhead)
Date
Name of Title Company or Borrower
Address
City, State, Zip
Re: Subordination Request for _____________ (list borrower’s name and property address) Escrow #: ____________________
Dear ______,
The City of Ukiah is in receipt of a written request from ________ (borrower’s name) for the City to subordinate the CDBG Direct Homeownership Assistance loan recorded on your property. This was for a $________ (loan principal), ________ (term) CDBG ________ (name of program and activity- i.e. Deferred Payment Loan with a simple interest rate of 3% and recorded ________, Instrument No. ________, between ________ (borrower’s name) and the City of Ukiah for the (property/business) located at ________, Ukiah, CA 95482.
The City of Ukiah may consider the subordination of its mortgage for refinancing proposals that will not seriously impact the affordability of the property or security of the public investment. The City’s policy to grant subordination is based on the following criteria:
1. There must be an identified reasonable need to lower monthly payments/interest rate or change the mortgage product.
2. The borrower must have sufficient equity in the home so as not to displace the City beyond a 95% loan to value ratio.
3. The new loan’s origination fee, points, commitment fees, buy down fees and all other lender fees cannot exceed three points on the new mortgage. The new loan must be a fixed-rate, traditional mortgage. It cannot be an Adjustable Mortgage Rate (ARM) loan.
4. The borrower must continue to occupy the home as their primary residence until the term of the City mortgage is paid or expired.
5. Property taxes must not be delinquent.
6. In general, the borrower can only receive “cash out” for home improvement loans, emergency non-insured property damage or non-insured medical expenses.
7. The borrower must complete in entirety the “Subordination Request Checklist” enclosed with this letter and return to the City of Ukiah Housing Division at least 48 hours in advance of the closing date of the new loan.
8. If your request does not meet all the above listed criteria, your request may be denied.
Sincerely,
Name
Title
Exhibit E
City of Ukiah
21-CDBG-HA-00001
SUBORDINATION REQUEST CHECKLIST
In order to begin processing a subordination request, the City of Ukiah requires that ALL of the following documentation be received. You can expect a decision within five (5) business days following receipt of ALL items listed below. (NOTE: Any missing information may delay processing of this request):
Letter from the owner of record, authorizing the request Commitment letter from the lending institution detailing the amount, rate, term, reason for new financing
Good Faith Estimate or HUD-1 Settlement Statement (loan processing fees, origination fees, recording fees, etc.)
Copy of Appraisal
Copy of Title Report
Verification of current interest rate/mortgage product
Written estimate of rehabilitation work (If applicable) Note: Subordination requests will not be considered unless all documents are received. It is the responsibility of the sender to make sure all documents are submitted accordingly. The review process can take up to five (5) business days before a subordination request is approved.
Documents can be mailed, faxed, or emailed to:
City of Ukiah
Department of Community Development
Housing Division
ATTN: Subordination Request
300 Seminary Ave.
Ukiah, CA 95482
Phone: (707) 463-6268
Fax: (707) 463-6204
Email: [email protected]
THIS SECTION TO BE COMPLETED BY CITY OF UKIAH HOUSING DIVISION Date Received: __________________
Amount of Existing City CDBG Mortgage (Principal + Interest): $ Date Recorded: ___________________
Have all subordination request documents been submitted? Yes No Subordination Agreement Request: Approved Denied
Reason(s) for denial:
1. _________________________________________________________________
2. _________________________________________________________________
3. _________________________________________________________________ If approved:
Prepare subordination agreement or authorize Title to prepare Director approves/signs agreement
Original agreement goes to Mortgage Company with reminder to have document recorded and to return a copy to the Housing Division for our file
Agreement is returned to the Housing Division
Reviewer: ___________________________________ Date: ____________ Exhibit E
City of Ukiah
21-CDBG-HA-00001
CDBG HOUSING REHABILITATION PROGRAM
SUPPORTING DOCUMENTATION – NEED/DEMAND
The City of Ukiah has experienced an increase in demand for housing and resulting development activity over the last five years, even as the City has facilitated conditions to produce over 150 new housing units within that same period. The cost of construction has also increased. Unfortunately, due to this recent local data not being captured within the 2016 American Community Survey data, the overall community needs score for the City of Ukiah is lower than, and believed to not be reflective of, the current reality. Current local data suggest significant need for a Citywide Housing Rehabilitation program.
The City of Ukiah is providing two sources of supporting documentation to demonstrate need/demand for the program: 1) photos of housing units from one 20-minute windshield survey of City incorporated areas; and 2) results of the 2018 Community Housing Satisfaction Survey.
Photo #1: Duplexes
Siding, windows, roof, gutter/downspout in need of repair or replacement Exhibit E
City of Ukiah
21-CDBG-HA-00001
Photo #2: Single-family home
Siding, foundation in need of repair or replacement; possible pest/dry rot damage Photo #3: Single-family home
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Exhibit E
City of Ukiah
21-CDBG-HA-00001
Photo #4: Single-family home, possibly vacant due to hazards Foundation repair or replacement, possible lead based paint hazards, siding repair and replacement, gutter/downspout repair or replacement, electrical repairs Photo #5: Single-family home
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City of Ukiah
21-CDBG-HA-00001
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Exhibit E
City of Ukiah
21-CDBG-HA-00001
Exhibit E
City of Ukiah
21-CDBG-HA-00001
1 Community Development Block Grant
(CDBG)
HOUSING REHABILITATION PROGRAM
GUIDELINES
Adopted by City Council: April 7, 2021
Exhibit E
City of Ukiah
21-CDBG-HA-00001
Table of Contents
FAIR HOUSING .............................................................................................................. 1 OUTREACH/APPLICANT LIST ....................................................................................... 1 Outreach ...................................................................................................................... 1 Applicant List ............................................................................................................... 1 TEMPORARY RELOCATION ......................................................................................... 2 CONFLICT OF INTEREST .............................................................................................. 2 APPLICANT ELIGIBILITY ............................................................................................... 3 Owner-Occupied Applicant ........................................................................................ 3 Owner-Investor Applicant ........................................................................................... 3 INCOME ELIGIBILITY ..................................................................................................... 3 Owner Occupant .......................................................................................................... 3 Owner Investor ............................................................................................................ 3 Tenant ............................................................................................................................. 4 PROPERTY ELIGIBILITY ............................................................................................... 4 Location ....................................................................................................................... 4 Property Taxes ............................................................................................................ 4 Evidence of Ownership ................................................................................................ 4 Property Types ............................................................................................................ 4 Environmental Review ................................................................................................. 5 REHABILITATION STANDARDS .................................................................................... 5 PROPERTY IMPROVEMENTS ...................................................................................... 5 LEAD-BASED PAINT ...................................................................................................... 6 MANUFACTURED HOUSING UNIT/MOBILE HOME REHABILITATION ....................... 6 RECONSTRUCTION ...................................................................................................... 6 RESIDENCY REQUIREMENTS ..................................................................................... 7 Owner Occupant .......................................................................................................... 7 Owner Investor ............................................................................................................ 8 FINANCING .................................................................................................................... 9 Maximum Loan Amount ............................................................................................... 9 Maximum Loan-to-Value Ratio .................................................................................... 9 Loan Security ............................................................................................................... 9 Financing Terms ........................................................................................................ 10 Owner-Occupied Property ............................................................................................. 10 Exhibit E
City of Ukiah
21-CDBG-HA-00001
Owner Investor .............................................................................................................. 11 Restrictions ................................................................................................................... 11 Maintenance Agreement ............................................................................................... 12 Grants ........................................................................................................................ 12 LOAN REQUIREMENTS ............................................................................................... 13 Loan Documentation .................................................................................................. 13 Loan Approval ........................................................................................................... 13 Loan Settlement ........................................................................................................ 13 Loan Servicing ........................................................................................................... 14 DEFAULT AND FORECLOSURE ................................................................................. 14 INSURANCE ................................................................................................................. 14 Standard Property Insurance ..................................................................................... 14 Fire Insurance ............................................................................................................ 15 Flood Insurance ......................................................................................................... 15 CONTRACTING PROCEDURES .................................................................................. 15 DISPUTE RESOLUTION/APPEALS PROCEDURE ..................................................... 16 SWEAT EQUITY ........................................................................................................... 18 AMENDMENTS ............................................................................................................. 18 EXCEPTIONS/PROCEDURES FOR EXCEPTIONAL CIRCUMSTANCES .................. 18 CURRENT HUD/INCOME LIMITS ................................................................................ 19 ATTACHMENT A .......................................................................................................... 20
HOUSING REHABILITATION PROGRAM SINGLE FAMILY TEMPORARY
RELOCATION PLAN ................................................................................................. 20 Minimizing Permanent Displacement and Temporary Relocation Resulting from Housing Rehabilitation or Reconstruction Activities .................................................................... 21 Lead Based Paint Mitigation Which Causes Temporary Relocation ............................. 22 Temporary Relocation of Owner Occupants ................................................................. 23 Temporary Relocation of Residential Tenants .............................................................. 24 Rehabilitation Activities Requiring Permanent Displacement ........................................ 25 Rehabilitation Which Triggers Replacement Housing ................................................... 26 Record Keeping and Relocation Disclosures/Notifications ............................................ 27 General Information Notice ........................................................................................ 28 Notice of Non-Displacement ...................................................................................... 28 Disclosure to Occupants of Temporary Relocation Benefits ...................................... 29 Other Relocation/Displacement Notices .................................................................... 29 Exhibit E
City of Ukiah
21-CDBG-HA-00001
ATTACHMENT B .......................................................................................................... 30 ANNUAL HOUSEHOLD INCOME DEFINITION ........................................................ 30 ATTACHMENT C .......................................................................................................... 32 LOAN SERVICING POLICES AND PROCEDURES ................................................. 32 Loan Repayments and Discounting of Notes ................................................................ 32 Payment of Property Taxes and Insurance ................................................................... 33 Required Request for Notice of Default ......................................................................... 34 Required Rent Limitation Agreement for Investor Properties ........................................ 35 Annual Occupancy Restrictions and Certifications ........................................................ 35 Required Noticing and Restrictions on Any Changes of Title or Occupancy ................. 36 Owner-Occupant to Owner-Occupant ........................................................................ 36 Owner Occupant to Owner Investor ........................................................................... 37 Requests for Subordinations ......................................................................................... 37 Process for Loan Foreclosure ....................................................................................... 38 Lender as Senior Lien holder ........................................................................................ 39 Exhibit E
City of Ukiah
21-CDBG-HA-00001
1 CITY OF UKIAH
COMMUNITY DEVELOPMENT BLOCK GRANT
HOUSING REHABILITATION PROGRAM GUIDELINES
The City of Ukiah Housing Rehabilitation Program, (here after called “Lender”), funded by State Community Development Block Grant (CDBG) Program, is designed to expand the supply of decent, safe, sanitary and affordable housing; to correct health and safety hazards in deteriorated housing; and to extend the useful life of existing housing units.
Loans and grants are available to achieve cost-effective repairs for low-income owner-occupied homes or for units occupied by low-income tenants of owner-investors jurisdiction wide.
FAIR HOUSING
This program will be implemented in ways consistent with the Lender’s commitment to Fair Housing. No person shall be excluded from participation in, denied the benefit of, or be subjected to discrimination under any program or activity funded in whole or in part with Community Development Block Grant (CDBG) funds on the basis of their religion or religious affiliation, age, race, color, creed, ancestry, national origin, gender, marital or familial status (children), physical or mental disability, medical condition, sexual orientation, or other arbitrary cause.
OUTREACH/APPLICANT LIST
Outreach
When loan funds are available, the Lender shall conduct a periodic program to advertise and promote the Housing Rehabilitation Program so that all those in need of rehabilitation assistance are aware of the Lender’s program. Efforts will be made to contact special needs households such as: elderly, single parent households, women, disabled, and minorities.
Applicant List
Applications shall be received and processed as quickly as possible.
Exhibit E
City of Ukiah
21-CDBG-HA-00001
2 Applicants shall be placed on the Applicant list at the time they apply for the program.
Applicants shall provide information needed for the income and property verification process and what improvements are needed in a timely manner. If information is not forthcoming in a reasonable time, the Applicant shall be informed that their position on the Applicant list may be affected. Unless there are emergency conditions that warrant more immediate action, projects will be funded based on the order of which the applications are received and deemed eligible.
TEMPORARY RELOCATION
Unit occupants will be informed of their eligibility for temporary relocation benefits if occupancy during rehabilitation constitutes a danger to health and safety of tenant or public danger or is otherwise undesirable because of the nature of the project.
Relocated tenants will receive compensation for increased housing costs, payment for moving and related expenses and appropriate advisory services, as detailed in the “Housing Rehabilitation Program Single Family Temporary Relocation Plan” attached at the end of these Guidelines. Owner occupants are not eligible for temporary relocation benefits unless health and safety threats are determined to exist by the project coordinator/construction supervisor.
CONFLICT OF INTEREST
No member of the governing body of the locality and no other official, employee, or agent of the City government who exercises policy, decision-making functions, or responsibilities in connection with the planning and implementation of the program shall directly or indirectly be eligible for this program, unless the application for assistance has been reviewed and approved according to applicable California Department of Housing and Community Development (HCD) guidelines. This ineligibility shall continue for one year after an individual's relationship with the City ends.
Exhibit E
City of Ukiah
21-CDBG-HA-00001
3 A contractor with a vested interest in the property cannot bid on a rehabilitation job.
Such a contractor may act as owner/builder, subject to standard construction procedures. (Owner/builders are reimbursed for materials purchased which are verified by invoice/receipt and used on the job. Reimbursement occurs after the installation is verified by Community Development Department staff to be part of the scope of work.
Owner/builders are not reimbursed for labor.) The City reserves the right to determine if the owner is capable of owner/builder rehabilitation work.
APPLICANT ELIGIBILITY
1. Owner-Occupied Applicant
o Must be existing homeowner and occupy the residence. Proof of occupancy will be required.
2. Owner-Investor Applicant
o Must be existing property owner and rent the residence to income eligible renter.
INCOME ELIGIBILITY
Income eligibility is based on the occupant’s gross annual income and must be less than 80 percent of the area’s median income. These limits can be located on the HCD website.
Owner Occupant
To be eligible, household income must be equal to, or less than, the applicable HCD income guidelines. Owner will be required to provide income documentation as detailed in the “Annual Household Income Definition/Income Limits” attached at the end of these Guidelines.
Owner Investor
There are no restrictions on the income of the owner investor unless the owner investor’s household falls within income guidelines and is interested in qualifying for a Deferred Payment Loan (DPL).
Exhibit E
City of Ukiah
21-CDBG-HA-00001
4 Tenant
If a rental property is currently occupied, the tenant's household income must be equal to, or less than, the applicable HCD income guidelines. Tenant will be asked to cooperate by providing income documentation as detailed in the “Annual Household Income Definition/Income Limits” attached at the end of these Guidelines.
PROPERTY ELIGIBILITY
Location
Units to be rehabilitated must be located within City of Ukiah city limits.
Property Taxes
Property Taxes must be paid and current to be eligible for a rehabilitation loan.
Evidence of Ownership
“Ownership” means any of the following interests in residential real property:
Fee simple interest
99-year leasehold interest in the property
Ownership or membership in a condominium, cooperative or mutual housing project.
Property Types
To be eligible, the housing must be the primary residence of income-eligible occupants.
Eligible property types of residence can include:
1-4 housing units where at least one unit is occupied by income-eligible homeowner or tenants
Traditional single-family housing, condominiums, manufactured or mobile homes.
Structures may be either attached or detached.
If CDBG funds are used to assist units in a two-to-four-unit property, where some of the units are occupied by ineligible tenants, then CDBG funds can only be used on the LMI occupied units.
Exhibit E
City of Ukiah
21-CDBG-HA-00001
5 Environmental Review
The environmental review process is required for all HUD-assisted projects to ensure that the proposed project does not negatively impact the surrounding environment and that the property site itself will not have an adverse environmental or health effect on end users. Not every project is subject to a full environmental review (i.e., every project's environmental impact must be examined, but the extent of this examination varies). Every project must be in compliance with the National Environmental Policy Act (NEPA), and other related Federal and state environmental laws. The environmental review must be completed prior to any loan approval.
REHABILITATION STANDARDS
All repair work will meet Uniform Building Code standards. The priority will be the elimination of health and safety hazards. Additionally, all repair work will comply with any special design or construction standards established by the City to preserve historic buildings. Rehabilitation work should incorporate energy efficient/green building materials.
In the case of 2-4 unit property in which the owner occupant is income eligible, but a tenant is not, the rehabilitation shall be limited to those that benefit the overall structure (roof, exterior changes) and the interior changes for the income eligible household only.
The priority will be the elimination of health and safety hazards and code compliance.
PROPERTY IMPROVEMENTS
The goal of the Lender’s rehabilitation program is to remove deficiencies, improve energy efficiency, remediate lead-based paint, extend the useful life of the property and/or provide accessibility to comply with the Americans with Disabilities Act (ADA), and/or comply with any special design or construction standards established by the Lender to preserve historic buildings. All improvements must be physically attached to the property and permanent in nature. General property improvements should be limited to 15 percent of the rehabilitation loan amount. Luxury items are not permitted. If building materials that are normally considered “luxury items” are necessary due to a Exhibit E
City of Ukiah
21-CDBG-HA-00001
6 medical condition of a household member or for reasons of accessibility, the Lender may approve the use of such materials.
Examples of eligible improvements include foundation construction and repair, electrical repair or rewiring, plumbing repair, roof repair or replacement, heating system installation and repair, window and door replacement and repair, repair of structurally significant damaged wood, and floor coverings where it poses a hazard.
Examples of non-eligible improvements include swimming pools, patios and patio covers, room additions that are for leisure, landscaping upgrades, hot-tubs, custom cabinets, and high-end appliances.
Examples of general property improvements include improvements that bring the property into compliance with local zoning requirements, fence repairs, exterior paint, or items to improve the appearance of the property but are not health and safety items.
LEAD-BASED PAINT
Program participants rehabilitating homes constructed prior to January 1, 1978 must be provided with the proper disclosure notification concerning lead-based paint (LBP) hazards. Whenever pre-1978 houses are rehabilitated under CDBG, please refer to Title 24 Code of Federal Regulations (24 CFR) §570.608 , Lead-based paint for guidance. The costs associated with meeting these requirements may be eligible to be paid for with CDBG funds, if available.
MANUFACTURED HOUSING UNIT/MOBILE HOME REHABILITATION
CDBG funds may be used for the rehabilitation of an owner-occupied mobile home if it is considered part of the community’s permanent housing stock.
RECONSTRUCTION
CDBG funds may be used to demolish and reconstruct residential structures.
Reconstruction is defined as the demolition and construction of a structure. The City must document that the reconstruction costs are less than newly constructed housing Exhibit E
City of Ukiah
21-CDBG-HA-00001
7 and that the estimated cost of the reconstructed housing (including demolition, site preparation and temporary relocation) is less than the fair market value of the reconstructed housing and land combined.
RESIDENCY REQUIREMENTS
Owner Occupant
Owner occupants will be required to submit to the Lender between January 1 and 30 of each year for the term of the loan:
1. Proof of occupancy in the form of a copy of a current utility bill.
2. Statement of unit's continued use as a residence.
3. Declaration that other title holders do not reside on the premises, if applicable.
4. Proof that property insurance and taxes are paid current. o Note: If owner occupant has received financial assistance in the form of a loan from Lender, proof of property insurance must list Lender as lien holder in the amount of the Lender loan and for guaranteed replacement cost.
If an owner occupant sells, transfers title, or discontinues residence in the rehabilitated property, the loan is due and payable, unless one of the following applies:
1. If the owner occupant sells or otherwise transfers title of the property to a qualified income household, the Lender may consider refinancing the loan balance and subordinating the loan and continuing all or part of the lien as a Deferred Payment Loan.
o Note: transfer of title to qualified income household must first be approved by Lender, including the income certification process.
2. If the owner occupant dies, and if the heir to the property lives in the house and is income eligible, the heir may be permitted, upon approval of the Exhibit E
City of Ukiah
21-CDBG-HA-00001
8 Lender to refinance the loan at the rate and terms the heir qualifies for under current participation guidelines.
o Note: refinancing of the loan and/or transfer to heir must first be approved by Lender, including the income certification process.
3. If the owner occupant dies and the heir is not income eligible, the loan is due and payable.
4. If the owner occupant dies and the heir is not income eligible, but they elect to rent the unit to income qualified households and agrees to comply with owner investor restrictions, the heir may be permitted, upon approval of the Lender, to refinance the loan at the same rate and terms offered owner investors under current program guidelines. If the heir/owner investor does not elect to comply with owner investor restrictions, the loan is due and payable.
5. If an owner occupant wants to convert the rehabilitated property to a rental unit, the owner must notify the Lender in writing in advance. If the Lender approves the conversion of an owner-occupied unit to a rental, the owner will be required to comply with the provisions of the owner-investor guidelines, including rent limitation provisions and financing arrangements.
6. If an owner occupant wants to convert full use of the rehabilitated property to any commercial or nonresidential use, the loan is due and payable. Refer to “Loan Servicing Policies and Procedures” attached at the end of these Guidelines.
Owner Investor
An owner investor may convert a rental property to their primary residence and refinance the loan at the rate and terms offered owner-occupants under current program guidelines if all conditions below exist:
1. They can prove that the previous tenant was not evicted without cause.
2. The owner-investor is income eligible.
3. They request approval from the Lender in advance.
Exhibit E
City of Ukiah
21-CDBG-HA-00001
9 If an owner investor converts a rehabilitated rental property to their primary residence, but they are not income eligible, the loan is due and payable.
If an owner investor wants to convert the rehabilitated property to any commercial or nonresidential use, the loan is due and payable. If an owner investor sells or transfers title of the rehabilitated property for any reason, the loan is due and payable.
FINANCING
Maximum Loan Amount
Loan amounts are between $5,000 and $80,000.
The loan amount may include:
construction contract (the accepted bid price for the cost of materials and labor);
construction contingency;
drafting and engineering fees, if any;
appraisal and termite inspection charges;
credit report review fees;
permit fees and related building fees,
site preparation for replacement housing;
escrow, closing and recording fees; title report and title insurance, title updates
CDBG funds may not be used to pay for property taxes.
Maximum Loan-to-Value Ratio
The maximum encumbrance is limited to 95 percent of the property’s afterrehabilitation value (determined by after rehab appraisal).
Loan Security
1. A Deed of Trust and Promissory Note will secure loans.
Exhibit E
City of Ukiah
21-CDBG-HA-00001
10 A manufactured home in a mobile home park or on leased land that is not on a permanent foundation will be secured by an HCD 484 Statement of Lien, for mobile homes will be secured by HCD 480.7 –
Statement of Lien and include a Promissory Note and Loan Agreement.
2. All owners listed on the benefiting property title are required to sign the Deed of Trust, Promissory Note, rehabilitation contract documents, and other related loan documents, whether or not they reside on the property.
3. All Lender loans, which are not in first position on title, will require a Request for Notice of Default to be recorded as part of the transaction. a. If Lender changes address - a new Request for Notice of Default must be recorded to ensure any possible notice is sent to the current address of Lender.
Financing Terms
Owner-Occupied Property
Financing terms are made flexible to allow for maximum affordability. In addition to the Lender’s ability to do a fully deferred loan, there are three other types of financing available.
To the extent that an amortized loan payment will not cause housing costs plus all other monthly debt payments to exceed 49 percent of gross monthly income, rehabilitation costs will ordinarily be financed as a 0 percent simple interest rate loan (defined by Lender and dependent on the current market at loan close).
In the event the household cannot afford a loan payment, the rehabilitation loan will be financed at 0 percent simple interest (defined by Lender and dependent on the current market at loan close) with payments, including interest, deferred for a period up to 30 years.
Exhibit E
City of Ukiah
21-CDBG-HA-00001
11 Very Low-income owner-occupants (making 50 percent of County Median) or persons who are elderly (age 65 or older) or permanent disabled heads of household will be eligible for 0 percent interest (defined by Lender and dependent on the current market at loan close) deferred payment loans.
Payments are deferred for up to 30 years.
Very Low-income owner-occupants or persons who are elderly (age 65 or older) or permanent disabled heads of household are also eligible for the Emergency Repair Grant program (see Page 12).
Owner Investor
The Lender offers a Below Market Interest Rate (BMIR) loan at 1.5 percent simple interest, amortized over a period with a maximum term of 15 years.
In certain situations, such as when the deterioration of the unit poses an imminent threat to the health and safety of the tenant and the owner investor does not have the financial ability to make monthly payments, the City of Ukiah Loan Committee may approve an exception to the interest or amortized nature of the loan, potentially allowing a lower interest rate and/or deferral of payment(s).
Payback is required if the Borrower sells or transfers title to the rehabilitated property.
Restrictions
Rent Limitation Agreement (RLA) - An owner investor who elects to rehabilitate a rental unit with CDBG financing must sign an RLA, which will be recorded. This agreement will specify:
In no instance shall rents exceed the U.S. Department of Housing and Urban Development (HUD) Fair Market Rent (FMR) schedule while the RLA is in effect.
Base Rent – Vacant Unit - If the property is vacant, rent charges shall not exceed 30 percent of 80 percent of County median income for the appropriate household size in that unit. Owner investor shall affirmatively seek income qualified households by contacting the local housing Exhibit E
City of Ukiah
21-CDBG-HA-00001
12 authority. Where such contact does not result in eligible income qualified tenants, the owner investor shall contact the Lender for guidance. Base Rent – Occupied Unit - If the property is occupied, rent charges shall not exceed 30 percent of the existing tenants’ household income; or, where, before rehabilitation, rents already exceed 30 percent of the existing tenants’ income, no rent increases shall be allowed which provide for rents plus utilities over 30 percent of the tenants’ income. Term - Adherence to these rent limitations will be for the term of the loan. Annual recertification of tenant’s income and rents paid from both the owner-investor and tenant.
Compliance – Failure to comply with these terms and conditions will result in the loan becoming due and payable. If necessary, foreclosure proceedings will be instituted.
Maintenance Agreement
As specified in the Rehabilitation Loan Agreement, an owner-investor who participates in the program must maintain the property at post-rehabilitation conditions for a minimum of five years. Should the property not be maintained accordingly, the loan will become due and payable, and if necessary, foreclosure proceedings will be instituted.
Grants
Emergency Home Repair Grant
Very Low-income owner-occupants or persons who are elderly (age 65 or older) or permanent disabled heads of household are eligible for the Emergency Repair Grant program. The Emergency Repair Grant Program provides a grant of up to $7,500 for emergency home repairs to correct housing conditions posing an imminent threat to the health and safety of the owner occupant.
The Lender will require a signed grant agreement.
Exhibit E
City of Ukiah
21-CDBG-HA-00001
13 LOAN REQUIREMENTS
Loan Documentation
The Lender shall determine the loan amount based on the consideration of:
1. The selected bid contractual amount
2. 10 to 20 percent contingency
3. Plan or drawing preparation if any
4. Pre-project inspections (termite report, LBP inspection)
5. Escrow and title policy costs
The Lender shall provide the owner-investor with the loan disclosure information.
Once the owner-investor has approved the disclosure, the Lender shall process the loan for approval. The approval process shall require approval by the City of Ukiah Loan Committee.
The Borrower or owner-investor shall be notified of approval and/or denial.
Loan Approval
A loan package will be prepared by the Lender that: confirms the Applicant and property eligibility; documents the equity in and the encumbrances on the property; lists the estimated loan and construction costs; and includes any other information particular to the loan. By preparing a loan package using all the income and property eligibility, the determination of the amount and rates and terms of the CDBG loan will be outlined for the City of Ukiah Loan Committee to review.
To obtain CDBG financing, Applicants must meet all property and eligibility guidelines in effect at the time of loan approval. Applicants will be provided written notification of approval or denial. Reason for denial will be included in a denial letter to the Applicant.
Loan Settlement
1. The Applicant shall sign the following: Deed of Trust, Promissory Note, Loan Estimate and Closing Disclosure Statement, Rescission Notice, Loan Agreement, Request for Notice of Default and Sale (if applicable) and Rent Limitation Agreement (if applicable).
Exhibit E
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21-CDBG-HA-00001
14 2. A manufactured home in a mobile home park or on leased land that is not on a permanent foundation will be secured by an HCD 480.7 or an HCD 484 Statement of Lien.
3. The City Community Development Director, acting on the behalf of the Lender, shall sign the loan documents as required.
4. If the Applicant does not rescind the loan after the 3-day rescission period:
A. The Deed of Trust, Request for Notice, and Rent Limitation Agreement, as applicable, shall be recorded at the Mendocino County Recorder’s Office. The Applicant shall sign the Construction agreement and Notice to Proceed.
B. Title insurance shall be requested and received.
5. The original loan documents shall be filed with the City as applicable:
Promissory Note, Deed of Trust (recorded), Loan Agreement, Request for Notice of Default (recorded) and Rent Limitation Agreement (recorded).
6.The construction documents shall be filed with the City.
7. The Lender shall deposit loan funds into an escrow account with a reputable title company, unless the loan amount is too small to warrant incursion of escrow fees.
Loan Servicing
Refer to “Loan Servicing Policies and Procedures” attached at the end of these Guidelines.
DEFAULT AND FORECLOSURE
If a Borrower defaults on a loan, and foreclosure procedures are instituted, they shall be carried out according to the CDBG Foreclosure Policy as described in the “Loan Servicing Policies and Procedures” attached at the end of these Guidelines.
INSURANCE
Standard Property Insurance
Borrower must maintain property insurance coverage naming the Lender as loss payee in first position or additional insured if the loan is a second mortgage. If Exhibit E
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15 Borrower fails to maintain the necessary insurance, the Lender is notified in writing by the insurance company. If this occurs, the Lender may take out forced place insurance to cover the property while the Borrower puts a new insurance policy in place. All costs for installing the necessary insurance will be added to the loan balance at time of installation of Borrower’s new insurance.
Fire Insurance
The Borrower shall maintain fire insurance on the property for the duration of the loan(s). This insurance must be an amount adequate to cover all encumbrances on the property. The insurer must identify the Lender as Loss Payee for the amount of the loan(s). A binder shall be provided to the Lender. In the event the Borrower fails to make the fire insurance premium payments in a timely fashion, the Lender at its option may make such payments for a period not to exceed 60 days. The Lender may, in its discretion and upon the showing of special circumstances, make such premium payments for a longer period. Should the Lender make any payments, it may, in its sole discretion, add such payments to the principal amount that the Borrower is obligated to repay the Lender under this program.
Flood Insurance
In areas designated by HUD as flood prone (located in a 100-year flood plain) the Borrower is required to maintain flood insurance in an amount adequate to secure the Rehabilitation Loan. The policy must designate the Lender as Loss Payee. The premium may be paid by the Rehabilitation Loan for one year.
CONTRACTING PROCEDURES
All housing rehabilitation work must be carried out using the adopted Housing Rehabilitation Program Guidelines.
The Lender will prepare the bid package and assist the Borrower in negotiating the contract.
The Borrower will select the contractor.
Exhibit E
City of Ukiah
21-CDBG-HA-00001
16 All general and sub-contractors must be checked and cleared with HUD’S federal debarred list of contractors and have a DUNS number or Unique Entity Identifier (UEI).
All general and sub-contractors must be actively licensed and bonded with the State of California.
All general and sub-contractors must have public liability insurance to the Lender’s required limits, and if applicable, maintain Workers’ Compensation and Employer Liability insurance to the extent required by State Law. All general and sub-contractors must comply with CDBG federal and state regulations.
A Notice of Completion must be recorded with the County Recorder.
DISPUTE RESOLUTION/APPEALS PROCEDURE
Any person/household applying for a Rehabilitation Loan through the CDBG program has the right to appeal if their application is denied. In addition, during pre-construction, construction, or post-construction periods, the Borrower has a similar right to have any disputes heard and resolved.
Rehabilitation program representatives are primarily responsible to assure that the program is implemented in compliance with state and federal regulations in a timely and responsible manner. This includes developing accurate and professional files, work write-ups and contract documents. Program representatives attend the meeting between the homeowner and the contractor when the contract documents are signed and facilitate in the clarification and/or corrections of proposed work, so a clear understanding is established between both parties.
During and after completion of construction, the contractor's work is monitored for code compliance by the Lender’s Building Inspector and for quality by the Housing Rehabilitation Inspector.
Exhibit E
City of Ukiah
21-CDBG-HA-00001
17 The contractual obligation for rehabilitation is ultimately between the contractor and the homeowner. If a situation occurs where the two parties are in conflict, the following procedure will occur:
Before any intervention occurs, the homeowner or contractor shall communicate perceived problems or complaints directly to the other party. To resolve the differences, each will give the other an opportunity to respond or correct the problem.
If the first attempt fails, the homeowner or contractor may ask the City of Ukiah Community Development Director or designee to informally intervene. This intervention might include telephone call(s) to the contractor or homeowner, meeting(s) at the job site or in the office, or other actions as seem appropriate, including such things as the establishment of written working guidelines, or other post-contractual agreement.
If the City of Ukiah Community Development Director or designee is unable to satisfactorily resolve the homeowner-contractor differences, the homeowner, contractor, or program representative, will contact HCD detailing the problem. In cases of building code compliance or questions of construction quality, the building official might also be contacted.
It must be recognized that the homeowner has other options which they may choose to utilize, including contacting the Contractors State Licensing Board and submitting a complaint.
Any controversy between the parties that cannot be settled through the informal intervention process outlined above shall be submitted to binding arbitration. Costs for the arbitration will be borne by the losing party, or subject to the terms of the arbitration agreement.
The parties shall attempt to agree on a single arbitrator to hear the dispute. If they cannot agree each party shall appoint an arbitrator. If the two arbitrators cannot reach Exhibit E
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18 an agreement, then they shall appoint a third arbitrator whose decision shall be final and binding.
The cost of the arbitration shall be borne by the losing party unless the arbitrator otherwise determines.
The arbitration shall be conducted in accordance with the rules of the American Arbitration Association then in force. The parties expressly agree that the arbitration shall be subject to and governed by, the Federal Arbitration Act, Title IX, USC 1 et seq.
SWEAT EQUITY
Participants who wish to perform sweat equity must obtain approval from the general contractor and sign a written commitment itemizing the work they will perform, a time schedule for completion and a dollar value of the contribution.
Owners that contribute sweat equity that involves painting will not participate in activities that include the abatement or mitigation of lead paint hazards without first being trained on Safe Work Practices as required by HUD and provide documentation of such in the project file.
AMENDMENTS
Amendments to these Guidelines may be made by the Lender.
EXCEPTIONS/PROCEDURES FOR EXCEPTIONAL CIRCUMSTANCES
Any case to which a standard policy or procedure, as stated in the guidelines, does not apply or an Applicant treated differently from others would be an exception.
In the event of extraordinary or special circumstances, the Loan Committee may grant an exception to the guidelines if the exception does not violate the regulations of the funding sources.
The Program staff may initiate consideration of an exception and prepare a report. This report shall contain a narrative, including staff’s recommended course of action and any Exhibit E
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19 written or verbal information supplied by the Applicant. The request shall be presented to the Loan Committee for decision and consideration.
CURRENT HUD/INCOME LIMITS
For consistency in calculating household incomes, the Lender will use the most current income limits available when determining household income. The CDBG income limits are updated annually.
Exhibit E
City of Ukiah
21-CDBG-HA-00001
20 ATTACHMENT A
HOUSING REHABILITATION PROGRAM SINGLE FAMILY TEMPORARY
RELOCATION PLAN
The Housing and Community Development Act of 1974, as amended, and the National Affordable Housing Act of 1990, require all grantees of Community Development Block Grant (CDBG) and Home Investment Partnerships Program (HOME) funds to follow a written Residential Anti-displacement and Relocation Assistance Plan (Plan) for any activities that could lead to displacement of occupants whose property is receiving funds from these or any other federal funding source. Having been developed in response to both aforesaid federal legislations, this Plan is intended to inform the public of the compliance of the City of Ukiah with the requirements of federal regulations 24 CFR 570.606 under state recipient requirements and Section 104(d) of the Housing and Community Development Act of 1974 and 24 CFR 92 of the HOME federal regulations.
The Plan will outline reasonable steps, which the City will take to minimize displacement and ensure compliance with all applicable federal and state relocation requirements.
The City’s governing body has adopted this Plan via a formal resolution.
This Plan will affect rehabilitation activities funded by the U.S. Department of Housing and Urban Development (HUD) under the following program titles: HOME, CDBG, Urban Development Action Grant (UDAG), Special Purpose Grants, Section 108 Loan Guarantee Program, and such other grants as HUD may designate as applicable, which take place within the City of Ukiah limits.
The City of Ukiah will provide permanent relocation benefits to all eligible “displaced” households either owner occupied or rental occupied units which are permanently displaced by the housing rehabilitation program. In addition, the City will replace all eligible occupied and vacant occupiable low-income group dwelling units demolished or converted to a use other than low income group housing as a direct result of rehabilitation activities. This applies to all units assisted with funds provided under the Exhibit E
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21 Housing and Community Development Act of 1974, as amended, and as described in the Federal Regulations 24 CFR 570.496(a), Relocation, Displacement and Acquisition:
Final Rule dated July 18, 1990 (Section 104(d)) and 49 CFR Part 24, Uniform Relocation Assistance (URA) and Real Property Acquisition Regulations Final Rule and Notice (URA) dated March 2, 1989.
All City programs/projects will be implemented in ways consistent with the City’s commitment to Fair Housing. Participants will not be discriminated against on the basis of race, creed, color, religion or religious affiliation, age, ancestry, national origin, gender, marital or familial status (children), physical or mental disability, sexual orientation, medical condition, or other arbitrary cause. The City will provide equal relocation assistance available 1) to each eligible income household displaced by the demolition or rehabilitation of housing or by the conversion of a eligible income household dwelling to another use as a direct result of assisted activities; and 2) to each eligible income person temporarily relocated as a direct result of activities funded by HUD programs.
Minimizing Permanent Displacement and Temporary Relocation Resulting from Housing Rehabilitation or Reconstruction Activities
Consistent with the goals and objectives of activities assisted under the Act, the City will take the following steps to minimize the displacement of persons from their homes during housing rehabilitation or reconstruction funded by HUD programs:
Provide proper notices with counseling and referral services to all tenants so that they understand their relocation rights and receive the proper benefits. When necessary assist permanently displaced persons to find alternate housing in the neighborhood.
Stage rehabilitation of assisted households to allow owner occupants and/or tenants to remain during minor rehabilitation.
Exhibit E
City of Ukiah
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22 Encourage owner investors to temporarily relocate tenants to other available safe and sanitary vacant units on the project site area during rehabilitation or pay expenses on behalf of replaced tenants.
Work with area landlords, real estate brokers, and/or hotel/motel managements to locate vacancies for households facing temporary relocation. When necessary, use public funds, such as CDBG funds, to pay moving costs and provide relocation/displacement payments to households permanently displaced by assisted activities.
Lead Based Paint Mitigation Which Causes Temporary Relocation On September 15, 2000, the Final Rule for Lead Based Paint Hazard Control (LBPHC) went into effect. Among other things, it requires that federally funded rehabilitation must use safe work practices so that occupants and workers can be protected from lead hazards. At no time should the tenant-occupant(s) be present in work areas or designated adjacent areas while LBPHC activities are taking place in any dwelling unit interior, common area, or exterior. As such, occupants will not be allowed to remain in their units during the time that lead-based paint hazards (LBPH) are being created or treated. Once LBPHC has been completed, and the unit passes clearance, the occupants can return. The tenant-occupants may not reoccupy a work area or adjacent area until post-lead hazard reduction clearance standards have been achieved and verified with laboratory results. The final rule allows for certain exceptions:
The work will not disturb lead-based paint, or create dust-lead or soil-lead hazard; or
The work is on exterior only and openings are sealed to prevent dust from entering the home, the work area is cleaned after the work is completed, and the residents have alternative lead-free entry; or
The interior work will be completed in one period of less than 8-daytime hours and the work site is contained to prevent the release of dust into other areas of the home; or
Exhibit E
City of Ukiah
21-CDBG-HA-00001
23 The interior work will be completed within 5 calendar days, the work site is contained to prevent the release of dust, the worksite and areas within 10 feet of the worksite are cleaned at the end of each day to remove any visible dust and debris, and the residents have safe access to kitchen and bath and bedrooms.
If temporary relocation benefits are not provided because the {City/County} believes that the project meets one of the above criteria, then proper documentation must be provided in the rehabilitation project file to show compliance. It is up to the {City/County} to ensure that the owner occupant or tenant in the project does not get impacted by lead paint mitigation efforts. In most cases where lead paint mitigation is taking place, occupants (tenants or owners) will be strongly encouraged to relocate. Even for just a few days until a final lead clearance can be issued by a certified lead-based paint assessor. Occupants who are temporarily relocated because of lead based paint mitigation are entitled to the same relocation benefits as those who are relocated because of substantial rehabilitation or reconstruction activities.
Temporary Relocation of Owner Occupants
Owner occupants are not allowed to stay in units which are hazardous environments during lead-based paint mitigation. When their home is having lead-based paint mitigation work done which will not make it safe to live in, then they are eligible for temporary relocation benefits which will be provided as a grant. In the same way, a unit requiring substantial rehabilitation (with or without lead based paint mitigation) which will not allow the family to access a bath or kitchen facility, or if the unit is being demolished and reconstructed, then the family will be eligible for temporary relocation benefits which will be provided as a grant. The amount of the benefit to be paid should be cost appropriate to the conditions.
Owner occupants will be encouraged to move in with family or friends during rehabilitation, since they are voluntarily participating in the program. The housing rehabilitation loan specialist and/or the rehabilitation construction specialist will complete a temporary relocation benefits form. This documents that the owner occupant Exhibit E
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24 understands that they must relocate during construction and what benefits they wish to be reimbursed for as part of their relocation.
Temporary Relocation of Residential Tenants
If continued occupancy during rehabilitation is judged to constitute a substantial danger to health and safety of the tenant or the public or is otherwise undesirable because of the nature of the project, the tenant may be required to relocate temporarily. The program administrator or construction supervisor will make determination of the need for temporary relocation. The temporary relocation period will not exceed 180 days. All conditions of temporary relocation will be reasonable.
Any tenant required to relocate temporarily will be helped to find another place to live which is safe, sanitary and of comparable value and they have the first right to move back into the original unit being rehabilitated at the same rent or lower. They may move in with family and friends and still receive full or partial temporary assistance based on eligible cost incurred.
The housing rehabilitation loan specialist and/or the rehabilitation construction specialist will ensure that each tenant occupied unit under the program will receive a General Information Notice (GIN) (as soon as possible after a loan application is received).
Additionally, the tenant will receive a Notice of Non-displacement (after loan approval), and each tenant occupied unit will have a temporary relocation benefits form completed for them. These notices will document that each tenant understands what their relocation rights are, and if they must relocate during construction, that they receive the proper counseling and temporary relocation benefits.
A tenant receiving temporary relocation shall receive the following:
1. Increased housing costs (e.g. difference in rent increase, security deposits) and
2. Payment for moving and related expenses, as follows:
Exhibit E
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21-CDBG-HA-00001
25 a. Transportation of the displaced persons and personal property within 50 miles, unless the grantee determines that farther relocation is justified;
b. Packing, crating, unpacking, and uncrating of personal property; c. Storage of personal property, not to exceed 12 months, unless the grantee determines that a longer period is necessary;
d. Disconnection, dismantling, removing, reassembling, and reinstalling relocated household appliances and other personal property; e. Insurance for the replacement value of personal property in connection with the move and necessary storage;
f. The replacement value of property lost, stolen or damaged in the process of moving (not through the fault of the displaced person, their agent, or employee) where insurance covering such loss, theft or damage is not reasonably available;
g. Reasonable and necessary costs of security deposits required to rent the replacement dwelling;
h. Any costs of credit checks required to rent the replacement dwelling; i. Other moving related expenses as the grantee determines to be reasonable and necessary, except the following ineligible expenses:
i. Interest on a loan to cover moving expenses; or
ii. Personal injury; or
iii. Any legal fee or other cost for preparing a claim for a relocation payment or for representing the claimant before the Grantee; or iv. Costs for storage of personal property on real property already owned or leased by the displaced person before the initiation of negotiations.
Rehabilitation Activities Requiring Permanent Displacement The City of Ukiah rehabilitation program will not typically trigger permanent displacement and permanent displacement activities fall outside of the scope of this plan. If a case of permanent displacement is encountered, then the staff that is Exhibit E
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26 responsible for the rehabilitation program will consult with {City/County’s} legal counsel to decide if they have the capacity to conduct the permanent displacement activity. If local staff does not have the capacity, then a professional relocation consultant will be hired to do the counseling and benefit determination and implementation. If local staff does wish to do the permanent displacement activity, then they will consult and follow the HUD Relocation Handbook 1378.
Rehabilitation Which Triggers Replacement Housing
If the City of Ukiah rehabilitation program assists a property where one or more units are eliminated then under Section 104 (d) of the Housing and Community Act of 1974, as amended applies and the City is required to replace those lost units. An example of this would be a duplex unit converted into a single-family unit. In all cases where rehabilitation activities will reduce the number of housing units in the jurisdiction, then the City must document that any lost units are replaced, and any occupants of reduced units are given permanent relocation benefits. (This does not apply to reconstruction or replacement housing done under a rehabilitation program where the existing unit(s) is demolished and replaced with a structure equal in size without in loss number of units or bedrooms.)
Replacement housing will be provided within three years after the commencement of the demolition or conversion. Before entering into a contract committing the City to provide funds for an activity that will directly result in such demolition or conversion, the City will make this activity public (through a noticed public hearing and/or publication in a newspaper of general circulation) and submit to the California Department of Housing and Community Development or the appropriate federal authority the following information in writing:
A description of the proposed assisted activity;
The location on a map and the approximate number of dwelling units by size (number of bedrooms) that will be demolished or converted to a use other than as targeted income group dwelling units as a direct result of the assisted activity; Exhibit E
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27 A time schedule for the commencement and completion of the demolition or conversion;
The location on a map and the approximate number of dwelling units by size (number of bedrooms) that will be provided as replacement dwelling units; The source of funding and a time schedule for the provision of the replacement dwelling units;
The basis for concluding that each replacement dwelling unit will remain a targeted income group dwelling unit for at least 10 years from the date of initial occupancy; and,
Information demonstrating that any proposed replacement of dwelling units with smaller dwelling units (e.g., a two-bedroom unit with two one-bedroom units) is consistent with the housing needs of targeted income group households in the jurisdiction.
The City of Ukiah CDBG Grants Administrator is responsible for tracking the replacement of housing and ensuring that it is provided within the required period. The City is responsible for ensuring requirements are met for notification and provision of relocation assistance, as described in Section 570.606, to any targeted income group displaced by the demolition of any dwelling unit or the conversion of a targeted income group dwelling unit to another use in connection with an assisted activity.
Record Keeping and Relocation Disclosures/Notifications The City will maintain records of occupants of Federally funded rehabilitated, reconstructed or demolished property from the start to completion of the project to demonstrate compliance with section 104(d), URA and applicable program regulations.
Each rehabilitation project, which dictates temporary or permanent or replacement activities, will have a project description and documentation of assistance provided. (See sample forms in HUD Relocation Handbook 1378, Chapter 1, Appendix 11, form HUD-40054)
Appropriate advisory services will include reasonable advance written notice of (a) the date and approximate duration of the temporary relocation; (b) the address of the Exhibit E
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28 suitable, decent, safe, and sanitary dwelling to be made available for the temporary period; (c) the terms and conditions under which the tenant may lease and occupy a suitable, decent, safe, and sanitary dwelling.
Notices shall be written in plain, understandable primary language of the persons involved. Persons who are unable to read and understand the notice (e.g. illiterate, foreign language, or impaired vision or other disability) will be provided with appropriate translation/communication. Each notice will indicate the name and telephone number of a person who may be contacted for answers to questions or other needed help. The notices and process below are only for temporary relocation. If permanent relocation is involved, then other sets of notice and noticing process and relocation benefits must be applied (See HUD relocation handbook 1378 for those forms and procedures) The Temporary Relocation Advisory Notices to be provided are as follows:
General Information Notice
As soon as feasible when an owner investor is applying for Federal financing for rehabilitation, reconstruction, or demolition, the tenant of a housing unit will be mailed, or hand delivered a General Information Notice that the project has been proposed and that the tenant will be able to occupy their present house upon completion of rehabilitation. The tenant will be informed that the rent after rehabilitation will not exceed current rent or 30 percent of their average monthly gross household income. The tenant will be informed that if he or she is required to move temporarily so that the rehabilitation can be completed. Suitable housing will be made available and they will be reimbursed for all reasonable extra expenses.
The tenant will be cautioned that they will not be provided relocation assistance if they decide to move for personal reasons.
Notice of Non-Displacement
As soon as feasible when the rehabilitation application has been approved, the tenant will be informed that they will not be permanently displaced and that they are eligible for temporary relocation benefits because of lead based paint mitigation or substantial rehabilitation, or reconstruction of their unit. The tenant will also again be Exhibit E
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29 cautioned not to move for personal reasons during rehabilitation, or risk losing relocation assistance.
Disclosure to Occupants of Temporary Relocation Benefits This form is completed to document that the City is following its adopted temporary relocation plan for owner occupants and tenants.
Other Relocation/Displacement Notices
The above three notices are required for temporary relocation. If the City is attempting to provide permanent displacement benefits, then there are several other forms which are required. Staff will consult HUD’s Relocation Handbook 1378 and ensure that all the proper notices are provided for persons who are permanently displaced because of housing rehabilitation activities funded by CDBG or other federal programs.
Exhibit E
City of Ukiah
21-CDBG-HA-00001
30 ATTACHMENT B
ANNUAL HOUSEHOLD INCOME DEFINITION
For the purposes of determining eligibility in accordance with HCD income guidelines, Annual Income will include, for all members of the household:
Gross wages and salary before deductions.
Net money income from self-employment.
Cash income received from such sources as rental units, Social Security benefits, pensions, and periodic income from insurance policy annuities. Periodic cash benefits from public assistance and other compensation, including Aid to Families with Dependent Children (AFDC), Supplemental Security Income (SSI), Worker's Compensation, State Disability Insurance and Unemployment benefits.
Interest earned on savings and investments.
Annual Income will not include:
Non-cash income such as food stamps or vouchers received for the purpose of food or housing.
Capital gains or losses.
One-time unearned income such as scholarship and fellowship grants; accident, health or casualty insurance proceeds; prizes or gifts; inheritances. Payments designated specifically for medical or other costs, foster children, or their non-disposable income.
Income from employment of children under the age of 18. Payment for the care of foster children.
This is not meant to be a complete list.
Exhibit E
City of Ukiah
21-CDBG-HA-00001
31 The City of Ukiah will make the final decision in situations where the classification of income is not clear-cut. Any exceptions or other deviations from this definition of annual income will be considered by the City of Ukiah.
The City shall use the Income Guidelines published each year by HUD and HCD.
The maximum gross annual income for an eligible household shall be 80 percent of the area median income for the household size.
Exhibit E
City of Ukiah
21-CDBG-HA-00001
32 ATTACHMENT C
LOAN SERVICING POLICES AND PROCEDURES
The City of Ukiah here after called “Lender” has adopted these policies and procedures in order to preserve its financial interest in properties, whose “Borrowers” have been assisted with public funds. The Lender will to the greatest extent possible follow these policies and procedures, but each loan will be evaluated and handled on a case-bycase basis. The Lender has formulated this document to comply with state and federal regulations regarding the use of these public funds and any property restrictions, which are associated with them.
The policies and procedures are broken down into the follow areas: 1) making required payments or paying off a loan’s principle and interest; 2) required payment of property taxes and insurance; 3) required Request for Notice of Default on all second mortgages; 4) required Rent Limitation Agreement and monitoring of investor properties; 5) loans with annual occupancy restrictions and certifications 6) required noticing and limitations on any changes in title or use of property; 7) required noticing and process for requesting a subordination during a refinance; 8) process of foreclosure in case of default on the loan.
Loan Repayments and Discounting of Notes
When the rehabilitation project is completed and the amount used to complete the project is less than the amount loaned, the Lender will notify the title company holding the escrow account to refund the unused balance to the Lender. The Lender will reduce the amount of principal accordingly and recalculate the interest.
The Lender will collect monthly payments from those Borrowers who are obligated to do so under an Installment Note, which are amortized promissory notes. Late fees will be charged for payments received after the assigned monthly date. The Lender will provide Exhibit E
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33 to the Borrower a debt amortization schedule and will maintain said schedule to account for the loan repayments and any penalties.
For Straight Notes, which are deferred payment loans; the Lender may accept voluntary payments on the loan. Loan payments will be credited to the interest first and then to principal. The Borrower may repay the loan accrued interest and principal at any time with no penalty.
The Lender will maintain an accurate listing of all loans including but not limited to the following information, Borrower’s name, address, loan closing date, amount of principal, interest rate, calculation of interest, total payoff amount, maturity date, property taxes and insurance current.
Lender is notified that the Borrower intends to pay off a loan, the Lender will provide a demand letter with the payoff amount. This includes the amount of principal, accrued interest, any recording or late fees or other penalties, and a per diem amount (interest per day) and an interest through date (typically the same date at the demand letter).
The Lender will process and record a Substitution of Trustee and Full Reconveyance upon loan satisfaction. A conformed recorded copy is mailed to the Borrower along with the original Deed of Trust and Promissory Note within 30-days of receipt of payoff funds. The original Deed of Trust and Promissory Note are to be stamped paid in full with the date and an initial of the responsible staff person processing the documents.
Copies of the reconveyance, deed, and promissory note, showing as paid in full are to be kept in the Borrower’s file.
Payment of Property Taxes and Insurance
As part of keeping the loan from going into default, Borrower must maintain property insurance coverage naming the Lender as loss payee in first position or additional insured if the loan is a second mortgage. If Borrower fails to maintain the necessary insurance, the Lender is notified in writing by the insurance company. If this occurs the Exhibit E
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34 Lender may take out forced place insurance to cover the property while the Borrower puts a new insurance policy in place. All costs for installing the necessary insurance will be added to the loan balance at time of installation of Borrower’s new insurance. The City needs to ensure that interest on any costs added to the loan accrue interest from the point the cost was incurred.
When a property is located in a 100-year flood plain, the Borrower will be required to carry the necessary flood insurance. A certificate of insurance for flood and for standard property insurance will be required at close of escrow. The lender may check the insurance on an annual basis.
Property taxes must be kept current during the term of the loan. If the Borrower fails to maintain payment of property taxes, then the lender may pay the taxes current and add the balance of the tax payment plus any penalties to the balance of the loan. Wherever possible, the Lender encourages Borrower to have impound accounts set up with their first mortgagee wherein they pay their taxes and insurance as part of their monthly mortgage payment.
All Borrowers will be evaluated semi-annually by the Lender to confirm timely payments of property taxes. In January and May of each year the Lender will access the County Treasurer-Tax Collector website and view the Borrower’s tax bill to determine if tax payments have been made.
Required Request for Notice of Default
When the Borrower’s loan is in second position behind an existing first mortgage, it is the Lender's policy to prepare and record a "Request for Notice of Default" for each senior lien in front of Lender’s loan. This document requires any senior lien holder listed in the notice to notify the lender of initiation of a foreclosure action. The Lender will then have time to contact the Borrower and assist them in bringing the first loan current. The Lender can also monitor the foreclosure process and go through the necessary analysis to determine if the loan can be made whole or preserved. When the Lender is in a third Exhibit E
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35 position and receives notification of foreclosure from only one senior lien holder, it is in their best interest to contact any other senior lien holders regarding the status of their loans.
Note: If Lender’s address has changed, a new Request for Notice of Default, signed by the appropriate City representative must be recorded. If this process is not completed, the Notice of Default will be mailed to the address on file and possibly never received by the Lender.
Required Rent Limitation Agreement for Investor Properties All owner investor properties which receive loans from the Lender will be required to enter into a rent limitation agreement (RLA), which restricts the tenants and the rents on the property for a fixed period of time, depending on the public funds used. The RLA will be recorded on title of the property and noncompliance with this agreement can lead to foreclosure action by the Lender. The RLA will be monitored annually to ensure that low or very low-income households occupy the owner investor units and that the rents charged to those households is affordable. Lender to contact both the tenant and the owner-investor to recertify annual income and rent charged. In some cases, the units must be inspected annually to ensure that they are up to minimum health and safety standards. At the end of the designated affordability period, the Lender will release the Borrower from the RLA, and the loan is due and payable.
Annual Occupancy Restrictions and Certifications
All owner-occupied Borrowers will be evaluated annually by the Lender to confirm continuous owner occupancy status. Borrowers will be required to submit to the City of Ukiah between January 1 and 30 of each year for the term of the loan:
Proof of occupancy in the form of a copy of a current utility bill. Statement, under penalty of perjury, of unit's continued use as a residence. Declaration that other title holders do not reside on the premises. Proof of property insurance, with the City of Ukiah named as additional insured and for guaranteed replacement cost.
Exhibit E
City of Ukiah
21-CDBG-HA-00001
36 Proof of property taxes showing current paid status Lender to check their local Recorder’s Office online records and search to ensure the property title has not been transferred to another name – if so, loan is due and payable (perform every 6-12 months).
Lender to check with their local Coroner’s Office to ensure any borrower has not yet passed away. If it is found that a borrower has passed away, the loan is due and payable. Lender is contact family heirs to work on any option available up to and including foreclosure of the property.
These loan terms are incorporated in the original note and deed of trust. If a Borrower sells, transfers title, or discontinues residence in the rehabilitated property, the loan is due and payable.
Required Noticing and Restrictions on Any Changes of Title or Occupancy In all cases where there is a change in title or occupancy or use, the Borrower must notify the Lender in writing of any change. Lender and Borrower will work together to ensure the property is kept in compliance with the original program terms and conditions such that it remains available as an affordable home for low income families. These types of changes are typical when Borrowers do estate planning (adding a relative to title) or if a Borrower dies and property is transferred to heirs or when the property is sold or transferred as part of a business transaction. In some cases, the Borrower may move and turn the property into a rental unit without notifying the Lender. Changes in title or occupancy must be in keeping with the objective of benefit to the income qualified families.
Owner-Occupant to Owner-Occupant
Change from owner-occupant to owner-occupant occurs at a sale. When a new owner-occupant is not low-income, the loan is not assumable, and the loan balance is immediately due and payable. If the new owner-occupant qualifies as low-income, Exhibit E
City of Ukiah
21-CDBG-HA-00001
37 the purchaser may assume all loan repayment obligations of the original owneroccupant, subject to the approval of the City of Ukiah Loan Committee.
If a transfer of the property occurs through inheritance, the heir (as owner-occupant) may be provided the opportunity to assume the loan at an interest rate based on family size and household income, provided the heir is income qualified. If the heir intends to occupy the property and is not income qualified, the balance of the loan is due and payable. If the heir intends to act as an owner-investor, the balance of the loan may be converted to an owner/investor interest rate and loan term and a rent limitation agreement is signed and recorded on title. All such changes are subject to the review and approval of the Lender’s
Owner Occupant to Owner Investor
Change from owner-occupant to owner-investor occurs when an owner-occupant decides to move out and rent the assisted property, or if the property is sold to an investor. If the Borrower or new owner investor requests that the existing loan be assumed and agrees to the current Lender rates and terms for owner investor properties and the RLA, then the outstanding balance may be refinanced, subject to the review and approval of the Lender’s Loan Committee.
Conversion to use other than residential use is not allowable where the full use of the property is changed from residential to commercial or other. In some cases, Borrowers may request that the Lender allow for a partial conversion where some of the residence is used for a business, but the family still resides in the property.
Partial conversions can be allowed, if it is reviewed and approved by all agencies required by local statute. If the use of the property is converted to a fully nonresidential use, the loan balance is due and payable.
Requests for Subordinations
When a Borrower has a primary mortgage recorded in a senior position to the City’s loan and wishes to refinance the primary loan, they must submit a written subordination Exhibit E
City of Ukiah
21-CDBG-HA-00001
38 request to the Lender (City of Ukiah). The Lender will only subordinate their loan when there is no “cash out” as part of the refinance. Cash out means there are no additional charges on the transaction above loan and escrow closing fees. There can be no thirdparty debt payoffs or additional encumbrance on the property above traditional refinance transaction costs. Furthermore, the refinance should lower the housing cost of the family with a lower interest rate and the total indebtedness on the property should not exceed the current market value.
Upon receiving the proper documentation from the refinance agency, the request will be considered by the Loan Committee for review and approval. Upon approval, the escrow company will provide the proper subordination document
for execution and recordation.
Process for Loan Foreclosure
Upon any condition of loan default: 1) nonpayment; 2) lack of insurance or property tax payment; 3) violation of rent limitation agreement; 4) change in title or use without approval; 5) default on senior loans, the Lender will send out a letter to the Borrower notifying them of the default situation. If the default situation continues then the Lender may start a formal process of foreclosure.
When a senior lien holder starts a foreclosure process and the Lender is notified via a Request for Notice of Default, the Lender, who is the junior lien holder, may cancel the foreclosure proceedings by "reinstating" the senior lien holder. The reinstatement amount or payoff amount must be obtained by contacting the senior lien holder. This amount will include all delinquent payments, late charges and fees to date. Lender must confer with Borrower to determine if, upon paying the senior lien holder current, the Borrower can provide future payments. If this is the case, then the Lender may cure the foreclosure and add the costs to the balance of the loan with a Notice of Additional Advance on the existing note.
Exhibit E
City of Ukiah
21-CDBG-HA-00001
39 If the Lender determines, based on information on the reinstatement amount and status of Borrower, that bringing the loan current will not preserve the loan, then staff must determine if it is cost effective to protect their position by paying off the senior lien holder in total and restructure the debt such that the unit is made affordable to the Borrower. If the Lender does not have enough funds to pay the senior lien holder in full, then they may choose to cure the senior lien holder and foreclose on the property themselves. As long as there is sufficient value in the property, the Lender can afford to pay for the foreclosure process and pay off the senior lien holder and retain some or all of their investment.
If the Lender decides to reinstate, the senior lien holder will accept the amount to reinstate the loan up until five (5) days prior to the set "foreclosure sale date." This "foreclosure sale date" usually occurs about four (4) to six (6) months from the date of recording of the "Notice of Default." If the Lender fails to reinstate the senior lien holder before five (5) days prior to the foreclosure sale date, the senior lien holder would then require a full payoff of the balance, plus costs, to cancel foreclosure. If the Lender, after exercising due diligence, determines the reinstatement and maintenance of the property not to be cost effective and allows the senior lien holder to complete foreclosure, the Lender's lien may be eliminated due to insufficient sales proceeds.
Lender as Senior Lien holder
When the Lender is first position as a senior lien holder, active collection efforts will begin on any loan that is 31 or more days in arrears. Attempts will be made to assist the homeowner in bringing and keeping the loan current. These attempts will be conveyed in an increasingly urgent manner until loan payments have reached 90 days in arrears, at which time the Lender may consider foreclosure. Lender’s staff will consider the following factors before initiating foreclosure:
Can the loan be cured, and can the rates and terms be adjusted to allow for affordable payments such that foreclosure is not necessary? Can the Borrower refinance with a private lender and pay off the Lender? Exhibit E
City of Ukiah
21-CDBG-HA-00001
40 Can the Borrower sell the property and pay off the Lender? Does the balance warrant foreclosure? (If the balance is under $5,000, the expense to foreclose may not be worth pursuing.)
Will the sales price of home "as is" cover the principal balance owing, necessary advances, (maintain fire insurance, maintain or bring current delinquent property taxes, monthly yard maintenance, periodic inspections of property to prevent vandalism, etc.) foreclosure, and marketing costs?
If the balance is substantial and all the above factors have been considered, the Lender may opt to initiate foreclosure. The Borrower must receive, by certified mail, a thirty-day notification of foreclosure initiation. This notification must include the exact amount of funds to be remitted to the Lender to prevent foreclosure (such as, funds to bring a delinquent Below Market Interest Rate (BMIR) current or pay off a DPL).
At the end of 30 days, the Lender should contact and potentially procure reputable foreclosure services or local title companies to prepare and record foreclosure documents and make all necessary notifications to the owner and junior lien holders.
The service will advise the Lender of all required documentation to initiate foreclosure (Note and Deed of Trust usually) and funds required from the owner to cancel foreclosure proceedings. The service will keep the Lender informed of the progress of the foreclosure proceedings.
When the process is completed, and the property has "reverted to the beneficiary" at the foreclosure sale, the Lender could sell the home themselves under a homebuyer program or use it for an affordable rental property managed by a local housing authority or use it for transitional housing facility or other eligible use. The Lender could contract with a local real estate broker to list and sell the home and use those funds for program income eligible uses.
Exhibit E
City of Ukiah
21-CDBG-HA-00001
Profile: [email protected]
Applicant Information
Applicants
[email protected]
Tell us about you.
First name
Craig
Last name
Schlatter
Phone Number
707-463-6219
Email
[email protected]
Title
Community Development Director
Company/Organization
City of Ukiah
Company Website
www.cityofukiah.com
City
Ukiah
State
California
Organization Information
Tell us about your organization.
Organization Name
City of Ukiah
Employer Identification Number (EIN)
946000446
DUNS #
074642893
Authorized Representative Per Resolution
Sage Sangiacomo
Business/Finance Representative
Daniel Buffalo
Organization Address
Address
300 Seminary Ave.
Exhibit E
City of Ukiah
21-CDBG-HA-00001
Address 2
City
Ukiah
State
California
County
Mendocino
Congressional District/Region
2 Zip
95482
Phone
707-463-6219
Phone Extension
Fax
Is or will there be a consultant on this activity/application? No
Employer Identification Number (EIN)
946000446
DUNS #
074642893
Business/Finance Contact (if required)
Name
Title
Email
Phone
Are you applying on behalf of an additional Jurisdiction? No
Exhibit E
City of Ukiah
21-CDBG-HA-00001
Threshold: 26376610
Name Attachments
26376610 Yes
Applications
City of Ukiah Housing Rehabilitation Program
All applications are required to pass threshold requirements.
Failure to meet threshold will result in immediate disqualification.
Applications that do not meet threshold will not move on to scoring, or in the case of OTC, review for award.
Threshold
Activity Type
Programs
Are you looking to start a new program, modify an ongoing program, or add a new type of assistance to an existing program?
New
Were you required to submit a Single Audit to the State Controllers Office? No - we were exempt from filing a Single Audit Report
Are all single audit findings cleared or in remediation? N/A - Exempt from Single Audit Requirements
#####Some activities require proof of physical site control while others require proof of control of the resources necessary to complete the activity. For example, a service that provides delivered meals will need to have "control" of a vehicle for deliveries. In the narrative box, explain what type of site control will be necessary for your activity. Upload the applicable proof of site control.#####If you believe no site control is required for your activity, indicate that in the narrative and explain why no site control is necessary for your activity.
Do you have site control?
Yes
Description of site control of the facility or means to conduct the services:
City of Ukiah Housing Rehabilitation Program services will be administered and implemented out of the offices of the Community Development Department, located at the Civic Administration Center of the City of Ukiah at 300 Seminary Avenue, Ukiah, CA 95482. Applications will be received via mail, email, or in-person when COVID-19 shelter in place orders allow. City of Ukiah owns and operates the Civic Administration Center.
Programmatic site control for the Housing Rehabilitation Program is not applicable. As residential units are identified and households qualified for assistance, site control for individual units will be documented and verified.
Upload your Site Control Supporting Documentation
Site control doc- Ukiah Housing Rehab program.pdf
Upload an executed Statement of Assurances and Compliance. The template is found in the Files tab under the program solicitation. Please make sure the statement is completed with your jurisdiction's information and that the document has the specific CDBG-CV2 designation in the footer. The Statement of Assurances and Compliance is a legally binding document.
Exhibit E
City of Ukiah
21-CDBG-HA-00001
Upload your signed Statement of Assurances and Compliance with 2 CFR Part 200 (Appendix J) 2021 CDBG- Ukiah Certifications.Statement of Assurances.pdf Per 24 CFR §570.486 https://www.law.cornell.edu/cfr/text/24/570.486 the public notice should contain at the minimum, the amount of CDBG funds being requested, the amount of PI funds being used (if applicable), the range of activities that will be performed, the address, phone number, and times of the meeting.
Citizen Participation - Have you met all Public Hearings/Citizen Participation requirements? Yes
Upload Citizen Participation Proof of Public Notice
Ukiah Citizen Participation- Proofs of Publication.pdf
Upload Public Meeting/Hearing Presentation/Handout Materials 11a.2021CDBGAppsPublicHearing.Handouts.Minutes.pdf
Did you use the HCD Approved Resolution Template in Content and Form from the Files Section of this Application? Yes
Upload Approved Resolution for Application
CC Reso 2021-12 - 2021 CDBG Application Submittal.pdf
Upload Printout of Authorized Signatory as Identified in the Approved Resolution from Jurisdiction Website Authorized Signatory from city website.pdf
Download the FI$CAL TIN from the Files tab in the Solicitation. Do not use P.O. Box addresses on the TIN. Make sure the TIN includes the official name of your jurisdiction.FI$CAL TIN FORM Upload CA FI$CAL TIN Verification form
Ukiah CA Fiscal TIN Form.pdf
Budgets and Sources & Uses
Total Number of New Grant Dollars Applied For and Requested in eCivis Budget Template:
$500,000.00
Do you have 100% of funds necessary to complete the activity? Yes
Do you have program income not already included and committed in a CDBG activity? No
You are expected to provide two activity budgets. There is a CDBG specific budget that you will complete as part if your application in the eCivis Grants Network. That budget is linked below and must be completed before you submit your application. You ALSO need to complete a full activity budget. Your full activity budget should use the sources and uses Excel template included in the Files tab in the Solicitation. You may use your own excel budget, provided it includes all of the sources and uses that will be included in your activity. Include line items for each component of your activity. Identify all funding sources that will be used to fund your activity including other federal and state funding, local funding, foundation or non-profit funding, donations and any other cash resources. Do not include in-kind donations or volunteer time.#####This template will also be used to evaluate your duplication of benefits. Indicate in the template where you project increased utilization of your public services if you are proposing a public service activity.##### Your complete activity budget narrative should include information about how the activity will be funded and whether or not the activity is viable if other funding sources are not available and the activity is only partially funded.
For instance can the project scope be reduced the number of beneficiaries be reduced, can the project be scaled to the amount of funding available. Make sure the budget narrative has a relationship to the tasks and deliverables described above. The narrative should include information about how the CDBG funding will only be used to support a new activity, a modified existing activity, or an addition of a new type activity.
Have you completed and submitted your CDBG budget worksheet in eCivis? Yes
Have you completed your activity sources and uses documentation (template)? Yes
Upload activity sources and uses documentation (template):
City of Ukiah housing rehab- activity sources and uses budget.xlsx Budget narrative should include information about activity viability if the project is only partially funded. For instance can the project scope be reduced the number of beneficiaries be reduced, can the project be scaled to the amount of funding available. Include budget information that describes your Exhibit E
City of Ukiah
21-CDBG-HA-00001
activity budget as uploaded. Make sure the budget narrative has a relationship to the tasks and deliverables described in the application.
Have you completed your activity CDBG budget worksheet narrative in eCivis? Yes
Upload other budget documentation
Have you expended at least 50 percent of open CDBG funds in the same activity type? N/A
Debarment Check must be performed on the non-entitlement jurisdiction (Grantee), as well as any contractors or subrecipients involved in the activity. Please go to SAM.gov and perform a debarment check on the appropriate parties, and upload the results to demonstrate no active exclusions exist. Note that No Records Found is not a valid search result. Please upload in PDF format.
Federal funds may not be used to pay contractors, non-profits, or agencies that are federally debarred. Provide a proof of no-debarrment for each agency, contractor, non-profit, or company that will receive funding or be paid out of this grant. Individuals that are not a business do not need to be checked.
Use https://www.sam.gov/SAM/ to check for excluded parties and upload proof that contractors etc. are not debarred.
If you do not yet know who your contractors or subrecipients will be, you do not need to show proof of debarrment check at application. However you will be required to check for debarment prior to contract or subrecipient agreement execution.
Debarment checks that do not show results will not be accepted. All parties must be registered in SAM.Gov. Unregistered: consultants, contractors, partners, or subrecipients will not be eligible for reimbursement.
Upload Debarment Check(s)
City of Ukiah SAM reg- no debarment.pdf
Have you met the state objective for Fair Housing - Access to Opportunity per the Criteria on the State Objective form?
Yes
Have you met the state objective for Disaster Resiliency Long-Term Planning per the Criteria on the State Objective form?
Yes
Are you claiming General Administration for this activity? No
Upload Activity NEPA Compliance
CEST and Broad-Level ERR.SupportingDoc- Ukiah Housing Rehab.pdf Upload the Environmental Review form(s) and essential supporting documentation including consultation letters, mitigations conditions of approval or other documents. Please do not upload the entire environmental review record if it is more than 50 pages. Do upload any noticing FONSI/RROF or NOIRROF and Authorization to Use Funds if available that corresponds with the activity’s appropriate level of review. Acceptable formats of these forms can be located at https://www.hudexchange.info/programs/environmental-review/. To determine the correct level of review go to HUD’s environmental review overview page https://www.hudexchange.info/programs/environmental-review/orientation-to-environmental-reviews/#overview. Please make sure your Environmental Review is definitive in findings and that the project description matches the project description in this application.
Environmental Reviews with qualified findings that do not adequately or correctly identify mitigations that did not complete required consultations, or that have other material deficiencies may result in disqualification.
Upload Environmental Review form(s) and essential supporting documentation Upload Environmental Review form(s) and essential supporting documentation Initial Requirements
Exhibit E
City of Ukiah
21-CDBG-HA-00001
All applications must comply with HUD’s federal cross cutting requirements found at 24 CFR §570.600 et seq, and summarized in section XX of this NOFA. Failure to comply with federal cross cutting may result in disqualification of the application. In addition, applications must provide documentation of compliance with state overlays as follows:
Has your housing element been submitted to HCD?
Yes
Modification of Activities - Expansion or modification of an existing activity require that grantees retain documentation, and in certain circumstances, conduct public noticing and comment periods.
Is this a new activity, an expansion of an existing activity, or modification of an existing activity? New Activity
Have any Department of Housing and Community Development monitoring findings been resolved or is there an approved remediation plan in effect? If you have not been monitored in the last five years, select N/A. If you are unsure if your prior findings have been resolved please contact your program representative.
Have funds due to the state for repayment of non-compliance items have been repaid? Or have you entered into a satisfactory repayment agreement, and payments are current? N/A (no funds due for re-payment)
Are you in compliance with all existing HCD award agreements? Yes
Do you have any overdue semi-annual or annual grant reports? No
Are all HCD Monitoring Findings Cleared or in Remediation? N/A - No monitoring findings at most recent HCD monitoring Additional Requirements
By typing my name in the field below, I hereby certify that this application is true, correct, and complete to the best of my knowledge.:
Craig Schlatter
Threshold: 26376610 File Attachments
Upload your Site Control Supporting Documentation
Site control doc- Ukiah Housing Rehab program.pdf
Upload your signed Statement of Assurances and Compliance with 2 CFR Part 200 (Appendix J) 2021 CDBG- Ukiah Certifications.Statement of Assurances.pdf Upload Citizen Participation Proof of Public Notice
Ukiah Citizen Participation- Proofs of Publication.pdf
Upload Public Meeting/Hearing Presentation/Handout Materials 11a.2021CDBGAppsPublicHearing.Handouts.Minutes.pdf
Upload Approved Resolution for Application
CC Reso 2021-12 - 2021 CDBG Application Submittal.pdf
Upload Printout of Authorized Signatory as Identified in the Approved Resolution from Jurisdiction Website Authorized Signatory from city website.pdf
Upload CA FI$CAL TIN Verification form
Ukiah CA Fiscal TIN Form.pdf
Upload activity sources and uses documentation (template):
City of Ukiah housing rehab- activity sources and uses budget.xlsx Upload Debarment Check(s)
Exhibit E
City of Ukiah
21-CDBG-HA-00001
City of Ukiah SAM reg- no debarment.pdf
Upload Activity NEPA Compliance
CEST and Broad-Level ERR.SupportingDoc- Ukiah Housing Rehab.pdf Exhibit E
City of Ukiah
21-CDBG-HA-00001
2020-2021 CDBG APPLICATION
HOUSING REHABILITATION PROGRAM
Documentation of Site Control
Programmatic site control is not applicable for the Housing Rehabilitation Program. As residential units are identified and households qualified for participation in the City of Ukiah Housing Rehabilitation Program, site control will be documented and verified.
Exhibit E
City of Ukiah
21-CDBG-HA-00001
Exhibit E
City of Ukiah
21-CDBG-HA-00001
Exhibit E
City of Ukiah
21-CDBG-HA-00001
Exhibit E
City of Ukiah
21-CDBG-HA-00001
Exhibit E
City of Ukiah
21-CDBG-HA-00001
Exhibit E
City of Ukiah
21-CDBG-HA-00001
Exhibit E
City of Ukiah
21-CDBG-HA-00001
Exhibit E
City of Ukiah
21-CDBG-HA-00001
Exhibit E
City of Ukiah
21-CDBG-HA-00001
Exhibit E
City of Ukiah
21-CDBG-HA-00001
Legal No.
Ukiah Daily Journal
617 S. State St
Ukiah, California 95482
(707) 468-3500
[email protected]
I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer of the Ukiah Daily Journal, a newspaper of general circulation, printed and published daily in the City of Ukiah, County of Mendocino and which newspaper has been adjudged a newspaper of
general circulation by the Superior Court of the County of Mendocino, State of California, under the date of
September 22, 1952, Case Number 9267; that the notice,
of which the annexed is a printed copy (set in type not smaller than non-pareil), has been published in each
regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit:
03/28/2021
I certify (or declare) under the penalty of perjury that the foregoing is true and correct.
Dated at Ukiah, California,
March 31th, 2021
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA
COUNTY OF MENDOCINO
Molly E. Lane, LEGAL CLERK
0006563227
2117148
CITY OF UKIAH
ATTN: ACCOUNTS PAYABLE
300 SEMINARY AVE
UKIAH, CA 95482
r.BP16-07/12/17 1
Exhibit E
City of Ukiah
21-CDBG-HA-00001
Legal No.
Ukiah Daily Journal
617 S. State St
Ukiah, California 95482
(707) 468-3500
[email protected]
I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer of the Ukiah Daily Journal, a newspaper of general circulation, printed and published daily in the City of Ukiah, County of Mendocino and which newspaper has been adjudged a newspaper of
general circulation by the Superior Court of the County of Mendocino, State of California, under the date of
September 22, 1952, Case Number 9267; that the notice,
of which the annexed is a printed copy (set in type not smaller than non-pareil), has been published in each
regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit:
02/14/2021
I certify (or declare) under the penalty of perjury that the foregoing is true and correct.
Dated at Ukiah, California,
March 31th, 2021
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA
COUNTY OF MENDOCINO
Molly E. Lane, LEGAL CLERK
0006552865
2117148
CITY OF UKIAH
ATTN: ACCOUNTS PAYABLE
300 SEMINARY AVE
UKIAH, CA 95482
r.BP16-07/12/17 1
Exhibit E
City of Ukiah
21-CDBG-HA-00001
r.BP16-07/12/17 2
Exhibit E
City of Ukiah
21-CDBG-HA-00001
Agenda Item No: 11.a.
MEETING DATE/TIME: 4/7/2021
ITEM NO: 2021-784
AGENDA SUMMARY REPORT
SUBJECT: Conduct a Public Hearing to Consider Adoption of a Resolution Approving the Submittal of One or More Applications in Response to the 2021 State Community Development Block Grant Program NOFA; and Approve Corresponding Budget Amendments if Awarded Funding for the Application(s).
DEPARTMENT: Community
Development PREPARED BY: Craig Schlatter, Community Development Director PRESENTER: Craig Schlatter, Community Development
Director
ATTACHMENTS:
1. 2021 CDBG NOFA
2. 2021 City of Ukiah CDBG local application
3. Resolution- 2021 State CDBG Application Submittal
Summary: Council will conduct a public hearing to consider adoption of a resolution approving the submittal of one or more applications in response to the 2021 State CDBG NOFA and authorizing the City Manager to execute all related documents. Council will also consider approving corresponding budget amendments if awarded funding for the application(s).
Background: On January 29, 2021, the California Department of Housing and Community Development (HCD) announced the release of the 2021 Notice of Funding Availability (NOFA) for $30 million in federal funds through the Community Development Block Grant (CDBG) program. According to the NOFA (Attachment 1), Housing and Community Development Program applications are due to HCD through the Grants Network by April 30, 2021; and Economic Development applications are due by May 31, 2021. The City is eligible to apply for CDBG funds in this annual 2020-21 funding cycle because its Housing Element has been adopted and is in full compliance with State Housing Element law and activities proposed are new activities for which the City did not seek funding in the prior (2019-20) annual funding cycle.
State CDBG Citizen Participation regulations require a "design phase" public hearing to initiate the annual CDBG funding cycle. Staff conducted a virtual design phase public hearing on Wednesday, February 24, 2021, via GoTo Meeting. CDBG regulations also require a public hearing for Council to consider adoption of a resolution authorizing submittal of application(s) to HCD. That is the purpose of this public hearing.
Background on 2020-21 CDBG NOFA ("2021 NOFA")
This 2021 NOFA follows an active 2019-2020 funding year for the State CDBG program. The 2019-20 annual CDBG NOFA was the result of a two-year redesign effort of the State CDBG program that made available $60 million statewide to small cities and counties, while also introducing a new Over the Counter (OTC) allocation for "shovel-ready" infrastructure and capital improvement projects. The OTC allocation in the 2020 NOFA was oversubscribed by approximately $50 million, and this resulted in elimination of funding for OTC activities within the 2021 NOFA. Also in 2020 approximately $100 million in CDBG Coronavirus Relief (CDBG-CV) funding was made available through two CDBG-CV NOFAs.
Exhibit E
City of Ukiah
21-CDBG-HA-00001
Besides elimination of the OTC funding allocation, other items of note within the 2021 CDBG NOFA include the following:
1. $30 million is available to small cities and counties statewide, half of the allocation made available in the 2020 NOFA. This 2021 NOFA allocation is more typical of annual funding allocations of past CDBG NOFAs.
2. Funding is allocated between Community Development (CD) and Economic Development (ED) activities as follows:
- 51 percent, or approximately $14.8 million, is estimated to be available for Housing and housing-related infrastructure activities. This includes $5.5 million for housing assistance programs for single-family housing and approximately $7.8 million for multifamily housing rehabilitation and infrastructure in support of housing OTC projects. Because the OTC allocation has been suspended for 2021, these funds will only apply to applications carried over from the waitlist on the 2019-2020 NOFA. - 30 percent, or approximately $8.7 million, is estimated to be available for economic development activities. - No more than 15 percent, or $4.3 million, of the annual allocation will be available for Public Services, including Public Services in support of housing. In addition to the $4.3 million, approximately $430,000 will be available for public facility and services planning.
- Additional funding is made available through special allocations of the 2021 NOFA for Colonias and Nonfederally recognized tribes.
3. Jurisdictions are eligible to apply for up to three (3) separate applications under the 2021 NOFA. Each application must have a unique activity with a complete budget, national objective, scope of work, and milestone(s) timeline. If awarded funding, each application will have a stand-alone Standard Agreement for that Activity.
4. The maximum grant award for all CD Activities is $1.5 million per jurisdiction. Eligible activities and maximum grant award amounts for CD Activities include, but are not limited to:
- Housing assistance to single-family units: up to $500,000 for single family (1-4 units) Homebuyer Assistance; and/or up to $500,000 for Housing Rehabilitation.
- Non-housing community development activities: up to $500,000 for Public Services; and/or up to $250,000 for Planning & Technical Assistance.
5. The maximum grant award for ED activities is $1.5 million. When applying for ED and CD activities, the combined maximum may not exceed $1.5 million. ED activities and maximum grant award amounts include:
- Business Assistance: up to $500,000.
- Microenterprise Assistance - up to $250,000.
- Infrastructure in support of Businesses - up to $1.5 million.
All CDBG activities must meet one of three National Objectives: 1) benefit to Low and Moderate Income (LMI) persons; 2) prevention or elimination of slums or blight; or 3) urgent need. The most commonly used National Objective is benefit to LMI persons. The LMI income limit is set annually by the U.S. Department of Housing and Urban Development (HUD) as 80% or less of the Area Median Income by household size.
City of Ukiah Local Application Process
The City has developed a local application process to both inform stakeholders and potential applicants of the CDBG NOFA and to establish a process by which local applicants can be considered for a possible City CDBG application submitted to the State. On February 14, 2021, the City published a public notice in the Ukiah Daily Journal announcing the design phase public meeting and describing the 2021 NOFA. Staff also
Exhibit E
City of Ukiah
21-CDBG-HA-00001
invited local stakeholders to the meeting. On February 24, 2021, Staff hosted the virtual public meeting via GoTo Meeting and discussed the 2021 NOFA and City's local application process. The entirety of the public meeting was recorded and made available on the City's website at www.cityofukiah.com/meetings. Staff also made available and distributed to local stakeholders the City's Local Application (Attachment 2), which mirrors application threshold requirements in the State CDBG application.
Local applications were due by March 12, 2021. No applications were received from local stakeholders. One application was received from the City's Community Development Department for a Housing Rehabilitation Program.
Discussion: The Housing Rehabilitation program proposed by the Community Development Department would be the first Housing Rehabilitation program implemented "in-house" by the City. The Housing Rehabilitation program would provide grants and loans to achieve cost-effective repairs for low and moderate income owner-occupied homes or for units occupied by low and moderate income tenants of owner-investors jurisdiction wide. The program was listed as a near-term objective within the Building Division's FY 2020-21 budget narrative.
As a complement to the Housing Rehabilitation program, and to assist in rehabilitating deteriorated properties within the City, Staff also proposes a Code Enforcement program through the Public Services Allocation of the 2021 NOFA. The Code Enforcement program would be implemented "in-house" by the Building and Housing Divisions of the Community Development Department.
Staff Recommendation to Council
The following is requested and included in the attached Resolution (Attachment 3):
City of Ukiah Housing Rehabilitation Program = $400,000 Housing Rehabilitation Administration = $100,000
City of Ukiah Code Enforcement Program = $465,000
General Administration - Code Enforcement Program = $35,000 Total Grant Amount = $1,000,000
Additionally, Staff recommends Council approve the use of CDBG Program Income in an amount not to exceed $38,000 for the Housing Rehabilitation Program.
To proceed with this recommendation, Staff requests Council 1) conduct a public hearing; and 2) adopt the Resolution in Attachment 3 authorizing submittal of two applications to HCD for the above activities; and 3) approve corresponding budget amendments if the applications are awarded funding.
Recommended Action: 1) Conduct a public hearing to consider adoption of a resolution authorizing the submittal of one or more applications in response to the 2021 State CDBG NOFA and authorizing the City Manager to execute all related documents; and 2) approve the corresponding budget amendments if awarded funding for the application(s).
BUDGET AMENDMENT REQUIRED: If awarded 2021 CDBG funding CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: $1,000,000: $865,000 for application activities, $135,000 for activity delivery and administration activities.
FINANCING SOURCE: CDBG
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
Exhibit E
City of Ukiah
21-CDBG-HA-00001
COORDINATED WITH: N/A
Exhibit E
City of Ukiah
21-CDBG-HA-00001
STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF FINANCIAL ASSISTANCE
2020 W. El Camino Avenue, Suite 670
Sacramento, CA 95833
(916) 263-2771
www.hcd.ca.gov
January 29, 2021
The California Department of Housing and Community Development (Department) is pleased to announce the release of this Notice of Funding Availability (NOFA) for approximately $30 million in federal funds for the 2021 Community Development Block Grant (CDBG) program. Funding for this program is available to the state from the United States Department of Housing and Urban Development (HUD), pursuant to the Housing Community Development Act of 1974, as amended.
CDBG funds are provided as grants for a wide range of activities directed toward economic development, improvement of community facilities and Infrastructure, neighborhood revitalization, and public services. All CDBG activities must meet one of the following National Objectives: benefit low- and moderate-income persons; aid in the prevention or elimination of slums and blight; or meet certain urgent community needs.
This NOFA will provide detailed information on the application process for CDBG funding.
The critical priority for this funding is to ensure all eligible persons receive equitable access to services, and are served with dignity, respect, and compassion regardless of circumstance, ability, or identity. This includes marginalized populations, including but not limited to, Black, Native and Indigenous, Latinx, Asian, Pacific Islanders and other people of color, immigrants, people with criminal records, people with disabilities, people with mental health and substance use vulnerabilities, people with limited English proficiency, people who identify as transgender, people who identify as LGBTQ+, and other individuals that may not traditionally access mainstream support. The Department expects eligible Applicants to plan for how this funding will reduce disparities and increase racial equity in their communities.
Applications for CDBG funding under this NOFA will be accepted via the Department’s online grant application and management system, Grants Network, supported by eCivis.
Profile set-up instructions, and other technical assistance can be found on the CDBG MEMORANDUM FOR: All Potential Applicants
FROM: Jennifer Seeger, Deputy Director
Division of Financial Assistance
SUBJECT: Community Development Block Grant Program
2021 Notice of Funding Availability
Attachment 1
Exhibit E
City of Ukiah
21-CDBG-HA-00001
CDBG Program 2021 Notice of Funding Availability
January 29, 2021
webpage under Training and Technical Assistance at eCivis Grants Network User Manual. Community Development Program applications will be due April 30, 2021 at 5:00 p.m. Pacific Daylight Time (PDT), and Economic Development (ED) program competitive applications and Over the Counter (OTC) Project applications will be due May 31, 2021 at 5:00 p.m. PDT.
To receive CDBG program NOFA FAQs, emails, and other information and updates, please subscribe to the Federal Programs listserv. If you have any questions, please submit them to [email protected].
All activities in this NOFA are subject to availability of funds and continuing HUD and legislative authority.
Attachment
Exhibit E
City of Ukiah
21-CDBG-HA-00001
Community Development Block Grant Program
2021 Notice of Funding Availability
Gavin Newsom, Governor
State of California
Lourdes M. Castro Ramírez, Secretary
Business, Consumer Services and Housing Agency
Gustavo Velasquez, Director
California Department of Housing and Community Development 2020 W. El Camino Avenue, Suite 500
Sacramento, CA 95833
Telephone: (916) 263-2771
Website: https://www.hcd.ca.gov/grants-funding/active-funding/cdbg.shtml Community Development Block Grant Program email: [email protected] January 29, 2021
Exhibit E
City of Ukiah
21-CDBG-HA-00001
Table of Contents
I. Overview................................................................................................................... 1 A. Notice of Funding Availability................................................................................. 1 B. Tentative Timeline.................................................................................................... 1 C. What is New in This NOFA ...................................................................................... 2 D. Authorizing Legislation........................................................................................... 3 E. Definitions ................................................................................................................ 4 II. Program Requirements ........................................................................................... 5 A. Eligible Applicants................................................................................................... 5 B. Restrictions on multiple activities in the same political districts........................ 6 C. Allocation and funding............................................................................................ 6 D. State allocations ...................................................................................................... 7 E. Special Allocations.................................................................................................. 7 F. Federal limits............................................................................................................ 8 G. Activity Delivery....................................................................................................... 9 H. Insufficient demand................................................................................................. 9 I. Eligible activities maximum awards....................................................................... 9 J. Activity limits............................................................................................................ 9 III. Application requirements......................................................................................11 A. National Objectives................................................................................................11 B. Milestones ..............................................................................................................13 C. Conditions ..............................................................................................................13 IV. Application threshold and initial requirements...................................................13 A. Threshold requirements........................................................................................13 B. Application and Activity requirements ................................................................17 V. Application review ................................................................................................. 20 A. Competitive applications ......................................................................................20 VI. Award recommendations ......................................................................................20 VII. Application submission ........................................................................................21 A. Application workshops .........................................................................................21 B. Submission process..............................................................................................21 C. Disclosure of application ......................................................................................21 VIII.Appeal criteria and process..................................................................................22 A. Criteria ....................................................................................................................22 B. Appeal process and deadlines .............................................................................22 C. Appeal decisions ...................................................................................................23 D. Effectiveness..........................................................................................................23 IX. Awards announcement and grant implementation.............................................23 A. Awards announcements .......................................................................................23 B. Standard agreements ............................................................................................23 X. Federal program requirements.............................................................................24 A. Federal cross-cutting requirements.....................................................................24 B. Relocation plan requirement.................................................................................24 C. Procurement...........................................................................................................25
Exhibit E
City of Ukiah
21-CDBG-HA-00001
APPENDICES
Appendix A: Non-Entitlement CDBG Jurisdictions Census and American Community Survey Data Need Scoring
Appendix B: Housing Element and Growth Control Requirements Appendix C: Citizen Participation, Public Hearings, and Public Information File Requirements
Appendix D: Sample Resolution of Governing Body
Appendix E: IDIS Matrix - CDBG Eligibility Activity Codes and National Objectives Appendix F: Accessing CDBG Income Limits by Country and HUD Low/Moderate-Income Area Benefit Data
Appendix G: Determining Service Area
Appendix H: CDBG Income Survey Information
Appendix I: State Objective Criteria and Scoring
Appendix J: 2021 CDBG Application Certifications and Statement of Assurances Appendix K: Sample DRAFT Standard Agreement
Appendix L: Scoring Matrix
Appendix M: Program Expectations for ED Activities
Appendix N: Racial Equity
Note – Appendices are located in the ‘Files’ tab on the HCD Program Solicitations under each specific program solicitation.
Exhibit E
City of Ukiah
21-CDBG-HA-00001
Department of Housing and Community Development 1
CDBG 2021 NOFA
I. Overview
A. Notice of Funding Availability
The California Department of Housing and Community Development (Department) announces the availability of approximately $30 million in funding available through the federal Small Cities Community Development Block Grant Program (CDBG) for the 2021 funding year. CDBG funds are provided as grants to Non-Entitlement Jurisdictions. The objectives of the CDBG program are to develop viable communities by the provision of decent affordable housing, a suitable living environment, and to expand economic opportunities, principally for the benefit of low- and moderate-income persons, families, households, and neighborhoods. LMI is defined as neighborhoods, families, households, and individuals whose income does not exceed 80 percent of the county median income, as adjusted by the United States Department of Housing and Urban Development (HUD) for family household size.
All applications will be reviewed for completeness and compliance with state and federal requirements. Only complete and compliant applications will be eligible for application review, approval, and potential funding.
B. Tentative Timeline
The timeline below identifies deadlines for the 2021 program year application process.
NOFA Deadlines
NOFA Release January 29, 2021
Housing and Community Development Programs
Community Development
Program Applications
Application Due Date:
April 30, 2021 5:00 p.m. PDT
Economic Development Program Activity and Economic Development Capital OTC Project Activity Allocation
ED OTC Project Applications
and Competitive Applications
Application Closing Date
May 31, 2021, 5:00 p.m. PDT
Undersubscribed ED OTC and Competitive program funds remaining at the close of the 2021 CDBG NOFA will be rolled into the Multifamily Housing, Housing Infrastructure, and Community Development OTC waitlist of projects submitted
Exhibit E
City of Ukiah
21-CDBG-HA-00001
Department of Housing and Community Development 2
CDBG 2021 NOFA
under the 2019 Housing and Non-Housing OTC applications in the 2019-2020 NOFA.
Applications submitted before the application start date or after the respective due date or closing date will not be accepted. There will be no exceptions. The Department recommends Applicants plan to submit their application(s) well before the final due or closing date to provide opportunity for troubleshooting if needed.
Each application will be digitally time stamped upon submittal.
C. What is new in This NOFA
1. New application configuration in Grants Network
The Department has re-configured the Grants Network application space to better take advantage of system functionality and to respond from comments from stakeholders. Changes include:
• re-arranging activities by application type
• reducing the number of solicitations
• adding set-aside solicitations for Colonias
• removing redundant questions
• re-organizing questions to improve application flow and usability • re-structuring threshold requirements to better align with the NOFA • creating dedicated applications for Program Income (PI) only-funded activities
2. Capital improvement Projects
The Department will not be accepting any new Community Development OTC capital improvement (Project) applications for the 2021 funding round. As part of the CDBG redesign, the Department implemented OTC applications for capital improvement Projects for multi-family housing, Infrastructure, and public facilities in the 2019-2020 NOFA. Applications received in excess of available funds have been put on a waitlist to be funded through dis-encumbered funds from prior year programs. OTC applications submitted under the 2019-2020 NOFA were required to be shovel ready. The Department will continue to fund down the existing waitlist of shovel-ready Projects through the 2021 program year. No new Community Development OTC applications will be accepted for grant year funding in 2021. Community Development Projects funded exclusively with PI will still be accepted.
3. Workshops
Workshops will be conducted virtually via Microsoft Teams. The schedule and registration information will be posted to the CDBG webpage. Training and TA are also available on the CDBG webpage.
Exhibit E
City of Ukiah
21-CDBG-HA-00001
Department of Housing and Community Development 3
CDBG 2021 NOFA
4. Online grant application and management system
The Department will continue using Grants Network for submission, reviewing, and tracking applications. Improvements and modifications to Grants Network are ongoing. Grants Network supports Programs and Projects from application through implementation and closeout of contracts and will connect with other digital accounting and reporting systems used by both the Department and HUD.
D. Authorizing Legislation
Funding for the CDBG program is authorized pursuant to Title 42 United States Code (U.S.C.) §5301, et. Seq., and /subpart 1 of the Federal CDBG Regulations.
The Federal Omnibus Budget Reconciliation Act of 1981 provides for state administration of the federal CDBG program. Additional authority includes, but is not limited to:
• 24 Code of Federal Regulations (CFR) § 570.480 et. seq, Federal CDBG Regulation
• 24 CFR Part 58 Environmental Review Procedures
• 2 CFR Part 200 Uniform Grant Administration Requirements • 12 Health & Safety Code (HSC) §§ 50825-50834, State of California CDBG program
• 2020-2024 State of California Consolidated Plan
• 2021-2022 State of California Annual Action Plan (in progress) • CDBG Guidelines, California Department of Housing and Community Development
If there are federal or state statutes or regulations, other laws governing the CDBG program, or funding is modified by Congress, HUD, the Department, or State Legislature, prior to completion of work to be done pursuant to awards made in connection with this NOFA, the changes may become effective immediately and apply to funded activities.
In administering this NOFA, if there is a conflict between the federal statutes or regulations and state statutes or guidelines, the federal statutes and regulations shall prevail. All activities in this NOFA are subject to availability of funds and continuing HUD and California legislative authority. The Department reserves the right, at its sole discretion and at any time, to rescind, suspend or amend this NOFA and any or all its provisions. The Department will notify interested parties through listserv emails and by posting notification on the Department website if the Department rescinds, suspends, or amends this NOFA. This NOFA is not a commitment of funds to any Activity or Applicant.
Exhibit E
City of Ukiah
21-CDBG-HA-00001
Department of Housing and Community Development 4
CDBG 2021 NOFA
Note: The HCDA is codified as Title 42 U.S.C., §5301, et. seq.: thus, those citations are interchangeable and cite the same statute language. For example, the citation of HCDA 105(a)(22) and 42 U.S.C. §5305(a)(22) are references to the same statute language. For the purposes of this NOFA, we will use the 42 U.S.C. §5301 citations for references to the federal statutes.
E. Definitions
Activity – means any single eligible undertaking carried out as part of an Applicant's participation in the state CDBG program and as listed at 42 U.S.C. 5305.
Colonia – means a rural community within the United States-Mexico border region that lacks adequate water, sewer, or decent housing, or a combination of all three, as defined by Section 916 of the National Affordable Housing Act of 1990.
Infrastructure – means the physical systems, such as roads, sidewalks, streetlights, water, and sewer facilities, which are necessary to provide basic community services.
Jurisdiction – means the area within a unit of general local government, including a city, county, or town. Please see Appendix A for a list of eligible Non-Entitlement Jurisdictions.
Microenterprise – means a commercial enterprise that has five (5) or fewer employees including the owner(s).
Non-Entitlement – means Jurisdictions that either do not have sufficient population to participate in the HUD’s direct entitlement program, or that choose not to participate in HUD’s direct entitlement program in favor of participating in the state CDBG program.
Program – means an eligible Activity that provides direct assistance to eligible participants within a defined service area. Programs include public services, housing assistance to households, and instances where an eligible person, household, or area is directly assisted with a unit of service.
Program Income – means gross income received by the Grantee that is directly generated from the use of CDBG funds pursuant to 24 CFR § 570.489(e).
Project – means eligible capital improvements to public facilities, Infrastructure, assets, and right-of-way. Projects may also include eligible capital improvements to privately owned facilities, Infrastructure, and assets that serve the public or that provide a public good, including shelters, community-based facilities, and utilities.
Public Service – means a unit of service or assistance provided to an individual or household and per 42 U.S.C. 5305 (a)(8) involves provisions of public services
Exhibit E
City of Ukiah
21-CDBG-HA-00001
Department of Housing and Community Development 5
CDBG 2021 NOFA
(including labor, supplies, and materials) including but not limited to public services concerned with employment, crime prevention, child care, health, drug abuse, education, fair housing counseling, energy conservation, welfare, homebuyer down payment assistance, or recreational needs.
Except as otherwise defined herein, all defined terms have the meaning set forth in 42 U.S.C. 5302 (a) and the State CDBG Guidelines.
II. Program Requirements
A. Eligible Applicants
1. Non-Entitlement status
CDBG program funds are provided as grants to Non-Entitlement Jurisdictions.
Applications may only be submitted by Jurisdictions (city, county, or town).
Jurisdictions are encouraged to partner with districts, agencies, nonprofit service providers, and other community organizations whenever appropriate to prepare and submit applications for CDBG funding, and to administer and complete CDBG funded Programs and Projects.
Incorporated cities located in an urban county as defined by 42 U.S.C. 5302(a)(6) must formally elect to be excluded from participation in the urban county entitlement status. HUD must be notified that the city has elected to be excluded from the urban county participation as per 24 CFR § 570.307(g) for it to be eligible for the state CDBG program. Only eligible activities from eligible Applicants will be scored and ranked.
2. Housing Element compliance
As per HSC § 50829, the Applicant must submit a draft and adopted Housing Element to the Department in accordance with the requirements listed in Government Code (GC) § 65580, et seq. and GC §65585 (see Appendix B).
Applicants that fail to comply with the procedural requirements (i.e., GC §65585) of the Housing Element law are ineligible for funding through the state CDBG program. Eligibility cannot be restored until the Applicant has met such procedural requirements.
3. Growth control limitations
Applicants that have adopted growth controls, including, but not limited to restrictions on residential building permits and residential buildable lots, that do not meet the exception criteria in HSC §50830 (b) and (c) are ineligible for funding as per HSC §50830. Applicants intending to apply for CDBG funds are required to submit a signed 2021 CDBG Application Certifications and Statement
Exhibit E
City of Ukiah
21-CDBG-HA-00001
Department of Housing and Community Development 6
CDBG 2021 NOFA
of Assurances that certifies that the Applicant has not adopted any residential growth controls, or that adopted residential growth controls meet the applicable exception criteria. Failure to submit an executed Application Certifications and Statement of Assurances will result in Applicant ineligibility.
4. Application submittal
Applicants must meet the following requirements when the application is submitted to be eligible to apply for funding under this NOFA:
1. An eligible Applicant may apply on its own behalf
2. An eligible Applicant may apply on behalf of one or more other eligible Applicants
3. Two or more eligible Applicants, which share a program, may submit a joint application
4. In addition to Activity and application limits identified in the NOFA, an eligible Applicant may apply for activities in service areas within or outside of the Applicant's Jurisdiction when there are concentrations of Native Americans (HSC §50831) or where there is a designated Colonia as described by Section 916 of the National Affordable Housing Act of 1990, provided the concentration is within an eligible city or county.
B. Restrictions on multiple activities in the same political districts Applications for eligible activities outside the Applicant's Jurisdiction must include a legally binding agreement, acceptable to the Department, with the city or county in which the eligible Activity is located. Applicants may not apply to both the state CDBG program and to a CDBG program administered by an Urban County or other entitlement entity during the same program year.
C. Allocation and funding
Funds will be allocated according to federal regulations found in 24 CFR § 570 and state statue, as found in HSC § 50827 et seq. For more information, please reference the CDBG Guidelines. The tables below include the estimated percentage of funding available for set-asides and funding caps for the 2021 allocations. The amount of total funding available and the allocations of those funds are only estimates and are subject to change without notice. Funding awarded through this NOFA will have a 36-month expenditure and liquidation period. Awards will be limited to $1.5 million per Jurisdiction, including all applications submitted under this 2021 NOFA.
Exhibit E
City of Ukiah
21-CDBG-HA-00001
Department of Housing and Community Development 7
CDBG 2021 NOFA
D. State allocations
1. Economic Development
As per state statute, 30 percent of the annual allocation, or approximately $8.7 million, is estimated to be available for ED activities (Programs and Projects). Up to ten percent, approximately $873,000 of this allocation will be available for ED planning activities.
2. Housing and housing-related Infrastructure
As per state statute, 51 percent of the annual allocation, or approximately $14.8 million is estimated to be available in a set-aside for housing assistance, housing services, housing rehabilitation, housing-related facilities, and housingrelated Infrastructure. Up to ten percent of the housing and housing-related Infrastructure allocation, approximately $1,500,000, will be available for planning. a. Housing assistance programs for single-family housing Approximately $5.5. million is estimated to be available for housingassistance competitive programs. b. Multifamily housing rehabilitation and Infrastructure in support of housing OTC projects
Approximately $7.8 million is estimated to be available for multifamily housing rehabilitation and Infrastructure in support of housing projects. These funds will only apply to applications carried over from the waitlist on the 2019-2020 NOFA.
3. Public Services
Per federal statute, no more than 15 percent of the annual allocation.
Approximately $4.3 million will be available for Public Services, including Public Services in support of housing. In addition to the $4.3 million, approximately $430,000 will be available for public facility and services planning.
E. Special Allocations
1. Colonias
Per HUD agreement, 5 percent of the annual allocation. Approximately $1.5 million is estimated to be available to Colonias Jurisdictions. The Colonias allocation is exempt from the $1.5 million per Jurisdiction limit. Eligible Activity includes housing assistance, Infrastructure, and public services.
Exhibit E
City of Ukiah
21-CDBG-HA-00001
Department of Housing and Community Development 8
CDBG 2021 NOFA
2. Non-federally recognized tribes
Per state statute, 1.25 percent of the annual allocation. Approximately $375,000 is estimated to be available to non-federally recognized tribes. The non-federally recognized tribe allocation is exempt from the $1.5 million per Jurisdiction limit.
Eligible activities include housing assistance, Infrastructure, and public services.
F. Federal limits
1. Program Administration
The Department can use 3 percent of total funding for administration costs.
Approximately $1 million will be available for state administration.
2. General Administration
Applicants may request up to a flat 7 percent of the total 2021 CDBG grant funding requested per Activity for General Administration (GA). GA costs may include, but are not limited to, the following categories:
• Salaries, wages, and related costs of the Grantee's staff engaged in activities associated with the general administration of the CDBG program, including general management, general legal services, accounting, and auditing • Travel costs incurred in carrying out the general management of the program • Administrative services performed under third-party contracts, including contracts for such services as general legal services, accounting services, and audit services
• Other costs for goods and services related to the general management of the program, including rental and maintenance of office space, insurance, utilities, office supplies, and rental or purchase of office equipment • Costs incurred in providing information and resources to individuals, families, and households in the LMI group, and to citizen organizations participating in the planning, implementation, or assessment of the Grantee's program • Administrative funding can also be used for fair housing activities in compliance with the requirements of state CDBG Guidelines §103. If a cost cannot be associated with one of the above listed groups and cannot be associated with direct project costs, the Department will, upon the Grantee's request, decide whether it is an administrative cost, an Activity Delivery cost, or an ineligible cost according to 24 CFR §§ 570.489 and 570.482. • GA NEPA.
Applicants may elect to assign more funds to Activity costs and take less than the 7 percent as GA allocation. GA for PI funds is 17 percent. For project budgets with both grant award and PI as funding sources, please identify how
Exhibit E
City of Ukiah
21-CDBG-HA-00001
Department of Housing and Community Development 9
CDBG 2021 NOFA
much GA will be from each source to ensure that GA stays within the program caps.
Note: The above allocations and limits do not total the amount available. These allocations and limits overlap, and applications may be counted against multiple allocations and/or limits. Please see the application solicitations for the available funding for each application type.
G. Activity Delivery
Activity Delivery (AD) costs are those costs directly related and necessary to successfully complete a specific Activity, such as loan underwriting costs, architectural and engineering design costs, and labor compliance review costs.
The Department is re-evaluating AD limitations to improve overall budgeting and Activity performance. AD limits for all activities except housing Rehabilitation Administration have been eliminated. Applicants must include a budget line item inside the Activity category of their budget for AD if there will be AD costs as part of the Activity. The AD limit for Housing Rehabilitation administration will be 20 percent of the total grant award. AD for Rehabilitation Administration will be charged as a total of the award, not on a loan-by-loan or, in the case of emergency repair programs, grant-by-grant, basis.
H. Insufficient demand
If there is insufficient demand for an identified allocation, the Department may make awards to other qualifying activities in other allocations, to meet the timeliness of federal funds requirements.
I. Eligible activities maximum awards
For a complete list of eligible activities allowed under the HCDA, go to 42 U.S.C. §5305. CDBG program activities should be in predominantly residential areas or should serve predominantly residential areas to be eligible.
J. Activity limits
Jurisdictions will submit one application per Activity. Each Jurisdiction can submit up to three (3) applications during this NOFA cycle. Each Activity must have a unique application with a complete budget, national objective, scope of work, and milestone timeline. There will be no “combo” activities or applications accepted in this NOFA. Each application will have a stand-alone Standard Agreement for that Activity. Applicants are encouraged to review the sample draft Standard Agreement in Appendix K as a sample of the applicable terms and conditions required for CDBG funded activities.
Exhibit E
City of Ukiah
21-CDBG-HA-00001
Department of Housing and Community Development 10
CDBG 2021 NOFA
1. Housing and community development activities
The maximum grant award for all Community Development Activities is $1.5 million per Jurisdiction. Per Jurisdiction limits do not apply to Colonia and Native American set-asides. The below limits are new grant awards limits per Activity. PI included in an Activity budget does not count against the Jurisdiction maximum grant award. Total Activity budgets may exceed the award limits when PI is budgeted to the Activity; however, the new grant award, per Activity, shall not exceed the maximums below. Per-Activity limits do apply to Colonia and Native American set-asides.
Pursuant to 24 CFR § 570.482, eligible activities and maximum grant award amount for funding the CDBG program include, but are not limited to:
a. Housing assistance to single-family units
• Single Family (1-4 units) Homebuyer Assistance - up to $500,000 • Single Family (1-4 units) Housing Rehabilitation - up to $500,000 b. Non-housing community development activities1
• Public Services - up to $500,000
• Planning & Technical Assistance - up to $250,000
2. Economic Development activities
The maximum total Jurisdiction grant award for ED activities is $1.5 million.
When applying for ED and CD activities, the combined maximum may not exceed $1.5 million. These maximums do not include PI. PI may be included in addition to the new program award. The below limits are new grant awards limits per Activity.
Per-Activity limits do not apply to Colonia and Native American set-asides.
ED activities and grant award include:
a. Business Assistance - up to $500,000
b. Microenterprise Assistance (including both Micro-Financial Assistance and Technical Assistance) - up to $250,000
c. Infrastructure in Support of Businesses - up to $1.5 million 1 Applications submitted under the 2019-2020, including capital facility and Infrastructure improvement, multifamily (5 or more units) acquisition and/or rehabilitation, and Infrastructure in support of housing are grandfathered into the 2019-2020 activity limits.
Exhibit E
City of Ukiah
21-CDBG-HA-00001
Department of Housing and Community Development 11
CDBG 2021 NOFA
III. Application requirements
A. National Objectives
CDBG funded activities must meet one of three National Objectives:
• Benefit LMI persons
• Aid in the prevention or elimination of slums or blight • To meet an urgent need
At least 70 percent of the funds awarded must benefit LMI individuals or households.
No Activity or portion of a program assisted by these funds may exclude from its benefits the lowest income-eligible group. Individual activities shall meet one of the following National Objectives:
1. Low- to Moderate-Income (LMI)
Persons, households, and/or neighborhoods benefiting from LMI activities must meet HUD’s LMI requirements. HUD updates income limits annually. Applicants will be notified via a news blast email and information will be posted on the Department’s website when the HUD Adjusted Median Family Income (HAMFI) limits and low- to moderate-income areas (LMA) are updated. Applicants are required to use the updated income limits as soon as they are available. The LMI National Objective consists of the following categories:
a. Low- to moderate-income Limited Clientele (LMC), as defined by income limits or presumed benefit refers to persons who earn 80 percent or less of HAMFI for the county of residence, as updated annually by HUD. Presumed benefit LMC refers to persons who, as a category, are typically low income. Seniors
Persons with a disability
Homeless persons
Abused children and battered spouses
Illiterate adults
Persons living with acquired immunodeficiency syndrome (AIDS) Migrant farmworkers
b. LMA are identified using census tracts and block groups. LMA may also be identified through an income survey. See Appendix H for additional information regarding CDBG income surveys, which:
• Are based on the American Community Survey using Census Geographies
Exhibit E
City of Ukiah
21-CDBG-HA-00001
Department of Housing and Community Development 12
CDBG 2021 NOFA
• Contain at least 51 percent of households in the area earning at 80 percent or below HAMFI to meet LMA
• Must be contiguous and the area should be mapped to show eligibility • Must be an Activity with public benefit for the area, such as streets and sidewalks, sewer/water Infrastructure, community facilities, or park improvements
• Should be determined to be LMA eligibility from the map application at HUD’s Low- and Moderate-Income Summary Data Application page.
Instructions for HUD’s mapping application are available to assist in using the map application.
c. Low- to Moderate-Income Housing (LMH) defined by household income limits is a household earning 80 percent or less of HAMFI.
d. LMI Job Creation or Retention Activities (LMJ)
• LMJ is based on the number of full-time equivalent jobs created or retained
• Must create or retain jobs, and 51 percent of those jobs must be for LMI persons
• To meet the public benefit requirements for LMJ activities, for every $35,000 spent, one full-time equivalent job must be created/retained
2. Slums and Blight
a. Areas must be geographically defined and publicly identified as slums or blighted, typically by a council or board resolution, before the Activity is considered.
b. Activities must aid in the prevention or elimination of slums or blight as described in 24 CFR § 570.482.
3. Urgent Need
For the purposes of this NOFA, no Urgent Need2 applications will be accepted through the NOFA application process without prior Department approval. If you have a program or a project that meets the criteria of Urgent Need, as established at 24 CFR § 570.483(d) and you believe your proposed project or program must use Urgent Need as a National Objective to be program eligible, please contact your Department representative for further instructions. 2 Special requirements apply to Urgent Need. Please contact the Department for more information.
Exhibit E
City of Ukiah
21-CDBG-HA-00001
Department of Housing and Community Development 13
CDBG 2021 NOFA
B. Milestones
All CDBG program-funded activities must be implemented according to the milestones defined in the Standard Agreement. Applicants must include at least five milestones per Activity application:
• Milestone 1 Activity initiation
• Milestone 2 First draw of grant funds
• Milestone 3 Fifty percent completion
• Milestone 4 Final draw of grant funds
• Milestone 5 Activity closeout
Additional milestones are optional, though encouraged for best practice of Activity implementation. Milestones may be adjusted for delays in application review and standard agreement execution. Applicants are encouraged to evaluate feasibility of meeting milestones and build time for unexpected delays into milestone schedules.
Milestones may not extend beyond the expenditure deadline of an award.
C. Conditions
Applicants and awardees acknowledge that the funding opportunities referenced in this NOFA, and all obligations of the Department herein, are expressly subject to and conditioned upon the ongoing availability of funds, as well as the continued authority of the Department to operate the CDBG program. In the event that funds are not available, the CDBG program or act under this NOFA is eliminated, or in any way restricted, the Department shall have the option, at its sole discretion, to amend, rescind, suspend, or terminate this NOFA and any associated funding pursuant to the provision set forth immediately above. This NOFA is not a commitment of funds to any Activity or Applicant.
IV. Application threshold and initial requirements
All applications are required to pass threshold requirements. Failure to meet threshold will result in immediate disqualification. Applications that do not meet threshold will not move on to scoring, or in the case of ED OTC, review for award.
A. Threshold requirements
The following threshold requirements must be met at the time of application:
1. The Applicant must demonstrate to the satisfaction of the Department that it is in compliance with the financial management requirements of 2 CFR § 200. The Applicant must provide the Department with its most recent single audit (as submitted to the State Controller’s Office), if applicable. If the Applicant has any open single audit findings and does not have a plan or agreement to remediate
Exhibit E
City of Ukiah
21-CDBG-HA-00001
Department of Housing and Community Development 14
CDBG 2021 NOFA
those findings, the Applicant will be deemed ineligible for funding through the state CDBG program until the findings are resolved or a remediation plan or agreement is established. Any and all single audit findings are included in this evaluation. This requirement is not limited to federal funds administered by the Department. If an Applicant is not subject to single audit requirements, the Applicant is not required to submit an audit. Applicants that fail to disclose findings on their most recent single audit will be disqualified without exception or appeal.
2. Pursuant to 24 CFR § 578.25, acceptable evidence of site control is a deed or lease. Absent a current deed or lease, an Applicant may use assessor’s parcel information to establish ownership for Applicant or subrecipient-owned sites. If grant funds will be used for acquisition, acceptable evidence of site control will be a purchase agreement. Site control must be maintained through the operation period of the Activity. Activities that are expected to last one year must have documented site control for that year. If site control is expected to expire during the open Activity period, the Applicant must document that either an alternative site will be made available or that the Activity operators intend to extend or renew the lease on the existing site.
3. Applicants must include the Jurisdiction name, initial all pages, sign, and submit the Certifications and Statement of Assurances (Appendix J) with their application to meet threshold. Please review the Statement and confirm compliance with each requirement. Failure to comply with the certifications and assurances may result in disqualification, recapture of federal funds, and debarment. Applicants that fail to submit complete Certifications and Statement of Assurances at application submittal will be disqualified without exception or appeal.
4. Pursuant to 24 CFR § 570.486, applications must follow CDBG Public Participation regulations. Applicants must provide documentation that the Citizen Participation requirements have been met. Documentation must include proof of public noticing, information provided during the public hearing or public meeting, and public comments received during the public participation, including Jurisdiction responses to comments. Additional information about public participation requirements can be found in Appendix C.
5. The application includes a completed Authorizing Resolution approved by the Applicant’s governing board. The authorizing resolution designates a person or persons responsible for, and authorized to, execute all documents related to the application of CDBG funds. Applicants are required to use the Department’s Sample Resolution of the Governing Body. For reference, please see Appendix D.
Exhibit E
City of Ukiah
21-CDBG-HA-00001
Department of Housing and Community Development 15
CDBG 2021 NOFA
6. Applicant must submit the required Government Agency Taxpayer ID (TIN) Form found in the Files tab of each program solicitation. Submitted TIN forms must include DUNS numbers and accurate payment information to be complete.
7. CDBG budgets as found in the Grants Network portal are required at application submission. Required budget information includes direct costs only. Direct costs for Activity, GA, PI, and ‘Other’ if applicable, must be completed and clearly identified. Do not include any information on indirect cost, match, or cost share.
Applications submitted without a complete CDBG Budget will be disqualified without exception or appeal.
In addition, if funding, other than CDBG dollars, are to be used, Applicants are required to upload their Sources and Uses for all funds applicable to the CDBG Activity. The application will guide Applicants that are using multiple funding sources to finance their Activity to upload a comprehensive Activity Sources and Uses.
8. Based on the 50 percent rule, Applicants with one or more current and open CDBG Standard Agreements (SAs), for which the expenditure deadline established in the agreement(s) has not yet passed, shall be ineligible to apply for any additional CDBG funds for the same type of Activity(ies) included in those open CDBG SAs, unless the Applicant has expended at least 50 percent of CDBG funds previously awarded, including PI, for that Activity, or unless a waiver to the rule has been approved by the Department’s Director, as allowed at HSC § 50833(f). This includes PI only SAs approved for the same type of Activity(ies).
The requirements of this subsection do not apply to OTC awards. Applications coming in under CDBG-CV are exempt from this requirement. Applicants will be required to submit their most recent Request for Funds and documentation of compliance with the 50 percent rule requirement. For awards managed through Grants Network, a screenshot of the grant administration screen at the time of submittal of the application will work as documentation for compliance with the 50 percent rule.
9. Pursuant to 24 CFR Part 5, all CDBG Applicants are required to verify they and their principals, or any/all persons, contractors, consultants, businesses, subrecipients, etc., that are conducting business with the Applicant are not presently debarred, proposed for debarment, suspended, declared ineligible, or voluntarily excluded from participation in the covered transaction or in any proposal submitted in connection with the covered transaction. Applicants and their partners, contractors, consultants and subrecipients must register with the System for Award Management (SAM) to do business with the U.S. government.
Debarments checks that return “No Results” or “No Record Found” indicate that either the Applicant is not searching under the correct name, or that the Applicant or Applicant partner is not registered. The Department will not award any CDBG program funds to Applicants and Applicant partners, including contractors,
Exhibit E
City of Ukiah
21-CDBG-HA-00001
Department of Housing and Community Development 16
CDBG 2021 NOFA
subrecipients, and consultants that are debarred, suspended, proposed for debarment and declared ineligible, voluntarily excluded from participation, or that are unregistered in SAM from federally assisted programs. Applicants are not required to perform debarment checks on individual Applicant or partner employees or individual persons unless that person is acting as a contractor, consultant, subrecipient, or program partner and will be receiving payment directly from CDBG funds. Applications with incomplete Debarment information will be disqualified without exception or appeal.
10. The Applicant must demonstrate, to the satisfaction of the Department, that it is meeting the State Objectives as described in Appendix I.
11. Pursuant to the National Environmental Policy Act of 1969 (NEPA), Environmental Standards must be met. Applicant must demonstrate compliance by submission of fully complete, current, and applicable Environmental Review Record forms and supporting documentation. Required NEPA process, training and current forms are available on the HUD Exchange under the ‘Formats’ option. Additional HUD guidance can be found at the Orientation to Environmental Reviews page also on HUD Exchange. If Applicants intend to use CDBG funding for GA Activities, a GA NEPA review will also be required at application submission, specifying the applicable exemption in 24 CFR § 58.34(a). For ED Business Assistance and CD housing assistance activities that operate as a program but, as per HUD, require site specific environmental reviews for NEPA clearance, only a GA NEPA review is required at application.
Applicants using a Tiered Review process are strongly encouraged to submit their Tier 1 review at application.
12. ED applications only - The Applicant must demonstrate capacity and experience to operate an ED Activity. Capacity and experience may be documented through one of the following commitments:
a. The Applicant has hired staff that are able to dedicate capacity to the operation of a CDBG-funded ED Activity. These staff must have at least:
• three years of CDBG ED experience, or
• five years of commercial underwriting experience plus two years of general CDBG experience.
b. The Applicant has a draft contract or subrecipient agreement with a qualified consultant or non-profit ED group with direct experience in CDBG ED implementation. The agreement must be fully executed, and a copy provided to the Department within 30 days of receipt of SA. Final contracts and/or subrecipient agreements must be with the same entities as proposed in draft at the time of the application. Substitutions will invalidate the application and cancel the award.
Exhibit E
City of Ukiah
21-CDBG-HA-00001
Department of Housing and Community Development 17
CDBG 2021 NOFA
c. The Applicant commits to partnering with the Small Business Development Centers or similar organization that has direct experience in CDBG ED program design, implementation, and commercial underwriting. This commitment will be a resolution, memorandum of understanding, or similar formal statement and will be required at application.
B. Application and Activity requirements
At time of application submission, all applications must comply with and provide documentation of HUD’s federal cross cutting requirements found at 24 CFR § 570.600 et seq, and summarized in section X Federal Program Requirements of this NOFA, and state overlays. Failure to comply with these requirements may result in disqualification of the application. State overlays are as follows:
1. Application verification
Applicants must certify upon submission that their application is true and correct to the best of their knowledge. The application included required input fields, required attachment uploads, and required budgets. Selecting an input field or uploading a blank document to circumvent the application requirements invalidates the application certification and will result in immediate disqualification, without exception or appeal. Applicants that intentionally input false information or that intentionally upload blank documents will have their good standing with the Department revoked and may be determined to be ineligible for other Department funding. Intentionally providing false information is fraud. Applicants that rely on consultants or grant writers to prepare the CDBG application are strongly encouraged to review the application for completeness and correctness prior to submittal. If an input field, upload requirement, or application component is not functioning correctly or if there are system outages or other system failures prior to submittal, please contact [email protected] as soon as possible to document the issue so that applications are not disqualified due to technical difficulties. Failure to contact the Department with system issues will not exempt Applicants from application verification requirements.
2. Gap funding and duplication of benefits
CDBG is intended to provide stop-gap funding for crucial Infrastructure, public safety, housing, and social service projects. CDBG funds may not be obligated to Activities that are documented to already have sufficient funding for the Activity as described, or that have identified multiple funding sources for the same costs, resulting in a duplication of benefits and overfunding of the Activity. CDBG funds must be “but-for” funding for every Activity and may not be used to supplant local or state resources. CDBG grant funds cannot be used to replace funds that have been budgeted and/or expended from another funding source for the same
Exhibit E
City of Ukiah
21-CDBG-HA-00001
Department of Housing and Community Development 18
CDBG 2021 NOFA
Activity. Pre-agreement costs are eligible provided that the initial funding for those costs is identified as a temporary funding source (such as a loan from a local fund where in the loan is float funding the CDBG Activity pre-agreement costs, but must be repaid so that the temporary loaned funds may be used as originally intended) and that the costs are actually budgeted to be part of the CDBG Activity.
3. Good standing
The Applicant, and any co-Applicant, together with all respective affiliates, must be in good standing with the Department (i.e., are current on all loan and/or grant obligations, have a satisfactory past performance history in all of their prior dealings with the Department, and are in full compliance with all Department contracts and reporting requirements). Applicants not meeting the foregoing requirements shall be ineligible to apply for or receive funding under this NOFA.
4. Article XXXIV
Applicants engaging in low-income housing project activities that are subject to Article XXXIV of the California Constitution must show that the project approval process complies with Article XXXIV requirements. The state statutes implementing Article XXXIV can be found at HSC § 37000. Exceptions to Article XXXIV can be found at HSC § 37001.
5. Racial equity
Applicants should prioritize the advancement of racial equity in all CDBG programs and across systems and units of government in the Jurisdiction.
The Department asks Applicants to be leaders in the community, facilitating partnerships among service organizations, housing providers, units of government, businesses, the homelessness response system and other partners to promote racial equity practices. All Applicants must identify the work performed to ensure racial equity in access to programs, projects, and activities funded with CDBG resources. Applicants must commit to analyzing disproportionality in access to housing, access to services, quality of service provision and desired outcomes in Programs and Projects and affirmatively further equitable access, quality of service provision and outcomes for protected classes, including but not limited to Black, Native and Indigenous, Latino/Latina/Latinx, Asian, Pacific Islanders, and other people of color who have been historically marginalized and are disproportionately impacted by housing segregation, poverty, homelessness, and COVID-19.
Applicants cannot simply rely on delivering a standardization of services to address equity. Applicants must commit to reviewing their current policies and procedures and examining available data to ensure all eligible persons receive
Exhibit E
City of Ukiah
21-CDBG-HA-00001
Department of Housing and Community Development 19
CDBG 2021 NOFA
equitable services, and support, and are served with dignity, respect and compassion regardless of circumstances, ability, or identity. See Appendix N for Racial Equity Resources and Tools.
When applying for 2021 CDBG funds, Applicants should consider:
• What are the community’s racial demographics and the demographics of those experiencing homelessness, housing, and economic insecurity? • What are the outcomes of the CDBG programs based on race? What are the requirements for all sub-grantees to look at data to determine racial disparities and then put a plan in place to address them? • How do underserved and marginalized communities learn about and access CDBG program? What marketing and communication strategies are used to increase equitable access to CDBG programming?
• How does the grant-making process include prioritization for programs that are addressing the disproportionate impacts that housing insecurity, homelessness, economic insecurity, lack of access to equitable health care, and COVID-19 has on communities of color, particularly Black, Latinx, Asian, Pacific Islander, and Native and Indigenous communities? • How are the voices of Black, Latinx, Asian, Pacific Islander, and Native and Indigenous communities and those having lived with experience of housing insecurity, homelessness and economic insecurity being centered in a meaningful, sustained way in creating effective approaches to addressing these challenges? How are they involved in the funding decision-making process?
• How are these funds accessible to smaller and non-traditional organizations that have historically been serving communities of color but may not have previously participated formally in government grant programs; how would these funds address the capacity of organizations that are led by Black, Latinx, Asian, Pacific Islander, and Native and Indigenous people? • Provide a list of partner organizations that are addressing racial equity in the housing and homeless response system, the economic development sector, and the health care sector and how do you partner with them.
The Department will require Applicants to submit related racial and ethnic data metrics of their CDBG programming on a quarterly reporting basis.
Exhibit E
City of Ukiah
21-CDBG-HA-00001
Department of Housing and Community Development 20
CDBG 2021 NOFA
V. Application review
All applications that pass threshold will be reviewed for Activity eligibility. Activities that do not meet program eligibility requirements will be disqualified.
A. Competitive applications
Qualifying competitive applications will be scored according to the evaluation criteria outlined in the application under the Readiness Section. Scores include two components:
1. Need score
Need scores use publicly available data from the U.S. Census Bureau's American Community Survey to measure poverty, housing, and economic development needs. These statistics are used to rank all eligible Non-Entitlement Jurisdictions and the rankings are translated into numeric scores. Need scores summarize the severity of a community's need for a specific Activity relative to other communities. The Department prepares the need scores and will provide the scores as Appendix A to this NOFA.
2. Activity readiness
Activity readiness is an indicator of Applicant preparedness for Activity implementation. Applicants are expected to have necessary contracts and subrecipient agreements in place at the time of application submittal. Fully executed contracts and agreements will score higher than draft contracts and agreements. Applicants that will not be using contracts or subrecipient providers to carry out the Activity and will instead use Applicant staff, must clearly document that staff have the experience and capacity necessary to successfully complete the Activity. Documentation will include position description(s) for the identified staff, resumes or Curriculum Vitates for each staff person involved in the implementation of the Activity, organizational chart, and estimated workload.
Applications will be ranked based on highest score. Applicants will be notified of their point score, and the Final Point Score and Awardee List will be posted to the CDBG webpage.
VI. Award recommendations
Applications that are eligible, complete, and that satisfy readiness requirements may be recommended for funding. Applicants recommended for award will officially be notified of awards through the eCivis Grants Network. The award notification will include instructions for accepting or declining the award, as well as an executable Standard Agreement. Applicants that are not recommended for awards or that fail threshold will
Exhibit E
City of Ukiah
21-CDBG-HA-00001
Department of Housing and Community Development 21
CDBG 2021 NOFA
be officially notified via email that their application was not awarded or failed to pass threshold. The Final Award List will be posted on the CDBG webpage. Applicants may request a copy of their application reviews after the review has been completed and the Applicant has been notified of the results.
VII. Application submission
A. Application workshops
The Department will hold application workshops beginning in February 2021.
Applicants are strongly encouraged to attend these virtual workshop sessions.
Please visit the Department’s website for upcoming information. Applicants are also strongly encouraged to review available webinars and Training and Technical Assistance materials on the CDBG program, the CDBG Redesign, using Grants Network, and preparing a CDBG program application in Grants Network.
B. Submission process
Applicants must follow instructions in this NOFA, the online application, and the CDBG Program Guidelines. The Department strongly encourages Applicants have these documents on hand when completing the application. Failure to follow instructions and submit all required documentation will result in disqualification.
Once submitted, applications must stand on their own. It is the Applicant’s responsibility to ensure that the submitted application is clear, complete, and accurate. Department staff may request clarifying information but are unable to accept any new documentation that would provide an unfair advantage over other applications.
The CDBG Application and all required attachments must be submitted to the Department through the eCivis Grants Network Portal. Applicants must certify that all information is true and complete to the best of their knowledge, on penalty of perjury.
Applicants that do not have an account with eCivis should log into the eCivis portal.
Use the “Create an account” option to initiate a profile. See the available training on the CDBG webpage to learn how to open a. There is no cost associated with an eCivis account.
C. Disclosure of application
Information provided in the Application will become public record available for review by the public pursuant to the California Public Records Act (Government Code § 6250, et. seq). As such, the Department may disclose any materials provided by the Applicant to any person making a request under this Act. The Department cautions Applicants to use discretion in providing information not specifically
Exhibit E
City of Ukiah
21-CDBG-HA-00001
Department of Housing and Community Development 22
CDBG 2021 NOFA
requested, including, but not limited to, bank account numbers, personal phone numbers, home addresses, or other personally identifying information. By providing this information to the Department, the Applicant is waiving any claims of confidentiality, and consents to the Department’s disclosure of the Applicant’s material upon receipt of a Public Records Act request.
VIII. Appeal criteria and process
A. Criteria
Upon receipt of the Department’s notice that an application has been determined to be incomplete or fails threshold, Applicants under this NOFA may appeal such decision(s) to the Department pursuant to this section, with the exception of the threshold items that specifically state they are exempt from appeal. No Applicant shall have the right to appeal a decision from the Department relating to another Applicant’s eligibility, point score, award, denial of award, or any other matter related thereto. The appeal process provided herein applies solely to decisions the Department made in this NOFA and does not apply to any decisions made with respect to any previously issued NOFAs, or decisions to be made pursuant to future program NOFAs.
B. Appeal process and deadlines
In order to lodge an appeal, Applicants must submit to the Department a written appeal by the filing deadline set forth below, which states all relevant facts, arguments, and evidence upon which the appeal is based. Furthermore, the Applicant must provide a detailed reference to the area(s) of the Application that provide clarification and substantiation for the basis of the appeal. No new or additional information will be accepted if this information would result in a competitive advantage to an Applicant. Once the written appeal is submitted to the Department, no further information or materials will be accepted or considered thereafter.
Appeals are to be submitted to the Department via email at [email protected].
Emails to the email address listed above will be accepted so long as the email time stamp is prior to the appeal deadline.
Filing Deadline: Appeals must be received by the Department no later than five (5) business days from the date the Department notifies the Applicant that their application has failed to meet eligibility, threshold, or has failed to score high enough in readiness to qualify for award. Late appeals will not be reviewed.
Exhibit E
City of Ukiah
21-CDBG-HA-00001
Department of Housing and Community Development 23
CDBG 2021 NOFA
C. Appeal decisions
It is the Department’s intent to render its decision in writing within fifteen (15) business days of receipt of the Applicant’s written appeal. All decisions rendered shall be final, binding, and conclusive, and shall constitute the final action of the Department with respect to the appeal.
D. Effectiveness
If the applicable statutes and/or Guidelines governing the CDBG program contain an existing process for appealing decisions of the Department with respect to NOFA awards, then this section shall be inapplicable, and such existing authority shall govern all appeals.
IX. Awards announcement and grant implementation
A. Awards announcements
The Department anticipates awards will be announced no later than September 2021. OTC awards will be announced as applications are approved for funding. Until awards are announced, the CDBG staff will not be able to discuss the status of applications.
Within 60 days from the award announcement date, unsuccessful Applicants will have the opportunity to request an interview with Department staff to discuss their application. Applications and agreements are public information and are available for review upon request.
B. Standard Agreements
Successful Applicants (awardees) will enter into a Standard Agreement with the Department. A draft sample Standard Agreement is included as Appendix K to this NOFA. The Standard Agreement contains all the relevant state and federal requirements, Activity performance and management requirements, and disbursement requirements. A condition of award will be that a Standard Agreement must be executed by the awardee within 30 days (contracting period) of the awardee’s receipt of the Standard Agreement(s). Failure to execute and return the Standard Agreement(s) to the Department within the contracting period will result in award cancellation. Award cancellations are final.
Exhibit E
City of Ukiah
21-CDBG-HA-00001
Department of Housing and Community Development 24
CDBG 2021 NOFA
X. Federal program requirements
A. Federal cross-cutting requirements
The CDBG program is administered under the rules and regulations promulgated primarily in 24 CFR § 570.600 et seq. These primary regulations are known as the federal cross-cutting requirements and form the basis of the programmatic requirements. The Department incorporates all federal cross-cutting requirements into the state CDBG program, and the regulations in Part 570 are translated into required actions on the part of all Grantees of the state CDBG program.
This following is a summary of the federal cross-cutting requirements:
1. Environmental Standards (based on National Environmental Policy Act of 1969 [NEPA])
2. Labor Standards (Davis-Bacon and related laws)
3. Achieving a HUD National Objective
4. Public participation requirements
5. Fair Housing and Affirmatively Furthering Fair Housing
6. Equal Opportunity and Non-Discrimination in federal Grant Programs
7. Federal Procurement Guidelines
8. National Flood Insurance Program compliance
9. Relocation and displacement requirements
10. Employment and Contracting Opportunities Section 3 Compliance
11. Lead-based paint requirements
12. No use of debarred, ineligible, or suspended contractors or sub-recipients
13. Uniform Administrative Requirements and Cost Principles
14. Conflict of interest prohibitions
15. Compliance with the Architectural Barriers Act and the Americans with Disabilities Act
16. Compliance with Eligibility Restrictions for certain resident aliens
17. Federal reporting requirements
18. Grant and subrecipient monitoring requirements
B. Relocation plan requirement
Applicants engaging in project-specific activities that may or will cause the temporary or permanent relocation and displacement of persons, property, or businesses must provide a project-specific relocation plan as part of the application. The plan must meet the standards established in the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA). Applicants must successfully demonstrate that they have met URA requirements prior to the start of the project or displacement Activity. Applicants should include relocation costs in project budgets.
Exhibit E
City of Ukiah
21-CDBG-HA-00001
Department of Housing and Community Development 25
CDBG 2021 NOFA
Applicants must provide General Information Notices to persons who may be displaced if the Activity in the grant application is funded. This plan must outline how the Grantee will enforce and manage the project’s temporary relocation and displacement activities and estimate what relocation benefits will be required so those costs can be included in the project’s development budget.
C. Procurement
Pursuant to 24 CFR § 570.489(g), all grantees must comply with federal procurement requirements. The Department will review the grantee’s procurement documents for services (i.e., administrative sub-contractor, Davis-Bacon consultant, etc.) at time of monitoring.
Requirements for federal procurement can be found at 2 CFR § 200.317-326.
Applicants are responsible for meeting all federal procurement standards for goods and services funded through federal programs. Failure to meet procurement requirements may result in disqualification, recapture of federal funds, and debarment.
Exhibit E
City of Ukiah
21-CDBG-HA-00001
2021 STATE COMMUNITY
DEVELOPMENT BLOCK GRANT
(CDBG) PROGRAM
300 Seminary Ave. Ukiah, CA 95482
Phone: (707) 463-6219; Fax: (707) 463-6204
Email: [email protected]
LOCAL APPLICATION
In response to January 29, 2021 Notice of Funding Availability (NOFA) Note: completed applications are due by 4:30 p.m. March 12, 2021 to the Department of Community Development, 300 Seminary Ave.
Ukiah, CA 95482.
For applications to be deemed complete, each question must be answered completely, and any required supporting documentation must be provided.
Attachment 2
Exhibit E
City of Ukiah
21-CDBG-HA-00001
1. APPLICANT INFORMATION
Organization:
Address:
Contact Person:
E-mail: Fax:
Phone:
2. PROJECT OR PROGRAM ACTIVITY INFORMATION
Project/Program Name: _________________________________________________ Project/Program Activity Allocation (refer to NOFA): _________________________ Address of Project/Program: _____________________________________________ For Program activities, list the address of the organization.
Amount Requested: ___________ (Activity) ____________ (AD) ____________ (GA) AD = Activity Delivery; GA = General Administration (refer to NOFA for details) Are you requesting funding for an OTC project? ____ (No)* *OTC project funding is not available in this 2021 CDBG NOFA.
Are you requesting funding for a competitive program? ____ (Yes) ____ (No) A separate application must be submitted for each individual project or program. This application cannot be used for multiple activities.
National Objective: ____ (LMA) ____ (LMC) ____ (LMH) ____ (LMJ) If proposing LMA, Low- Mod Area Benefit, please attach census block group information supporting this national objective.
How many beneficiaries will be assisted through this activity? ______________ LMA = number of Low-Moderate Income (LMI) persons in service area that will benefit.
LMC = Number of LMI persons that will benefit.
LMH = Number of LMI households that will benefit.
LMJ = Number of LMI jobs created/retained.
Activity Description:
In the lines below, or in a separate attachment, enter a detailed description of your activity which should include at a minimum: what the activity is, why it is needed, who the beneficiaries will be, where will it take place, how it will be done and when it will be complete. This should be a similar description provided for the NEPA. Additionally, please indicate if this will be a new activity, a modification to an existing activity, or if a new type of assistance will be added to an existing activity.
Exhibit E
City of Ukiah
21-CDBG-HA-00001
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ Detailed Scope of Work – Deliverable Narrative
In the lines below, or in a separate attachment, provide a detailed narrative describing the deliverables that will be completed as part of this activity. (i.e.: Deliverable 1- marketing plan; Deliverable 2- town hall meeting minutes; Deliverable 3- labor compliance files etc.) ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________
3. PROGRAM OR PROJECT FUNDING – MATCHING SOURCES
Is the CDBG funding requested gap funding? ____ (Yes) ____ (No) If Yes, please attach a separate budget worksheet, listing and describing by line item or as a pro forma, all sources of funding and uses of the funding for the project. If No, please contact the City of Ukiah Community Development Department. Per the CDBG program, CDBG funds are to be used for gap financing and are not to supplant state and local funds that were previously dedicated to this activity.
Exhibit E
City of Ukiah
21-CDBG-HA-00001
4. OTC PROJECTS ____ (N/A – program)
If your organization is applying for an Over the Counter (OTC) capital improvement project through the CDBG program, answer the following questions. If your organization is applying for a program, check the line above for N/A.
Do you have site control? ____ (Yes) ____ (No)
If Yes, attach proof of site control.
Do you have bid ready plans and specs? ____ (Yes) ____ (No) Bid ready plans and specs must be reviewed by the Community Development Department for completeness prior to request for approval of the application by the City Council.
Can your project be ready to go to bid within 90 days of execution of the standard agreement between the City of Ukiah and State of California? ____ (Yes) ____ (No) Please note: although OTC capital projects are normally part of the CDBG annual NOFA, HCD has suspended the OTC program (Community Development) for 2021.
5. APPLICATION CERTIFICATION
Applicant hereby certifies that it has read and understands the regulations governing the State Community Development Block Grant (CDBG) Program, and the City of Ukiah’s CDBG Local Application process. Applicant further agrees to abide by such regulations, and that violations of these regulations shall constitute grounds for cancellation of any funding commitment. Applicant hereby certifies that the information submitted in the Local Application and any supporting materials is true, accurate, and complete to the best of its knowledge. Applicant acknowledges and understands that if facts and/or information herein are found to be misrepresented, it shall constitute grounds for the rejection of this application and eligibility for City of Ukiah 2021 CDBG projects or programs. ______________________________________________________________________ Printed Name/Title Signature Date
______________________________________________________________________ Printed Name/Title Signature Date
Exhibit E
City of Ukiah
21-CDBG-HA-00001
RESOLUTION NO. 2021-__
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH APPROVING AN
APPLICATION FOR FUNDING AND THE EXECUTION OF A GRANT AGREEMENT AND ANY AMENDMENTS THERETO FROM THE 2020-2021 FUNDING YEAR OF THE
STATE CDBG PROGRAM
BE IT RESOLVED by the City Council of the City of Ukiah as follows:
SECTION 1:
The City Council has reviewed and hereby approves the submission to the State of California of one or more application(s) in the aggregate amount, not to exceed, of $1,000,000 for the following CDBG activities, pursuant to the January 2021 CDBG NOFA:
City of Ukiah Housing Rehabilitation Program $ 400,000
Housing Rehabilitation Administration $ 100,000
City of Ukiah Code Enforcement Program $ 465,000
General Administration – Code Enforcement Program Activity $ 35,000 Total Grant Amount $1,000,000
SECTION 2:
The City hereby approves the use of Program Income in an amount not to exceed $38,000 for the Housing Rehabilitation Program activity described in Section 1.
SECTION 3:
The City acknowledges compliance with all state and federal public participation requirements in the development of its application(s).
SECTION 4:
The City hereby authorizes and directs the City Manager to execute and deliver all applications and act on the City's behalf in all matters pertaining to all such applications.
SECTION 5:
If an application is approved, the City Manager is authorized to enter into, execute and deliver the grant agreement (i.e., Standard Agreement) and any and all subsequent amendments thereto with the State of California for the purposes of the grant.
SECTION 6:
If an application is approved, the City Manager is authorized to sign and submit Funds Requests and all required reporting forms and other documentation as may be required by the State of California from time to time in connection with the grant.
Attachment 3
Exhibit E
City of Ukiah
21-CDBG-HA-00001
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Ukiah held on April 7, 2021 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
__________________________________
Juan V. Orozco, Mayor
Ukiah City Council
STATE OF CALIFORNIA
City of Ukiah
ATTEST:
I, Kristine Lawler, City Clerk of the City of Ukiah, State of California, hereby certify the above and foregoing to be a full, true and correct copy of a resolution adopted by said City Council on this 7th day of April, 2021.
Kristine Lawler, City Clerk
of the City of Ukiah of the State of California
By: _____________________________________
Name and Title
Exhibit E
City of Ukiah
21-CDBG-HA-00001
CITY OF UKIAH
CITY COUNCIL MINUTES
Regular Meeting
Virtual Meeting Link: https://attendee.gotowebinar.com/rt/9199312935703156493 Ukiah, CA 95482
April 7, 2021
6:00 p.m.
1. ROLL CALL AND PLEDGE OF ALLEGIANCE
Ukiah City Council met at a Regular Meeting on April 7, 2021, having been legally noticed on April 2, 2021. The meeting was held virtually using the following link:
https://attendee.gotowebinar.com/rt/9199312935703156493. Mayor Orozco called the meeting to order at 6:03 p.m. Roll was taken with the following Councilmembers Present: Douglas F. Crane, Mari Rodin, Josefina Dueňas, Jim O. Brown, and Juan V. Orozco. Staff Present: Sage Sangiacomo, City Manager; David Rapport, City Attorney; and Kristine Lawler, City Clerk.
MAYOR OROZCO PRESIDING.
The Pledge of Allegiance was led by Mayor Orozco.
3. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS
b. Proclamation Recognizing April as Arts, Creativity, and Culture Month.
Presenter: Mayor Orozco.
Proclamation was received by Alyssum Weir, Arts Council of Mendocino County Executive Director. a. Introduction of Melissa Eleftherion Carr, New Ukiah Poet Laureate.
Presenter: Mayor Orozco.
Roberta Werdinger, out-going Poet Laureate, introduced incoming Poet Laureate, Melissa Eleftherion Carr, both of whom read poems.
c. Proclamation Recognizing April 11th – 17th as National Public Safety Telecommunicators Week in the City of Ukiah.
Presenter: Mayor Orozco.
Proclamation was received by Tracey Porter, Communications/Records Supervisor.
4. PETITIONS AND COMMUNICATIONS
5. APPROVAL OF MINUTES
a. Approval of the Minutes for the March 17, 2021, Special Meeting. b. Approval of the Minutes for the March 17, 2021, Regular Meeting.
Motion/Second: Crane/Rodin to approve Minutes of March 17, 2021, special and regular meetings, with an administrative correction to the meeting time on the Special meeting. Motion carried by the following roll call votes: AYES: Crane, Rodin, Duenas, Brown and Orozco. NOES: None. ABSENT:
None. ABSTAIN: None.
6. RIGHT TO APPEAL DECISION
7. CONSENT CALENDAR
Exhibit E
City of Ukiah
21-CDBG-HA-00001
City Council Minutes for April 7, 2021, Continued:
a. Consideration of Adoption of Resolution (2021-11) Appointing Randal A. Beckler to the Airport Commission – City Clerk.
b. Consideration and Possible Award of a Contract (COU No. 2021-184) with AP Triton LLC for Consulting Services for the Ukiah Valley Fire Authority's Pre-Hospital Emergency Medical Services, Including Possible Formation of a Joint Powers Agreement, and Approval of Corresponding Budget Amendment – Fire.
c. Adoption of Ordinance Amending a Land Use Designation of the Airport Industrial Park Planned Development for LACO Associates, on behalf of Fowler Auto Center, at 1117 Commerce Drive; APN 180-070-03; File No. 20-5874 – Community Development.
ORDINANCE NO. 1213
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING THE AIRPORT
INDUSTRIAL PARK PLANNED DEVELOPMENT
d. Award Bid for Purchase of One Dodge Durango Pursuit in the Amount of $60,478.68 from Elk Grove Auto Group – Police.
e. Award Contract (COU No. 2021-185) to Coastal Mountain Electric for the Overhead to Underground Electric Cutover for the State Street Electric Underground Project in the Amount of $39,992.00 – Electric Utility.
Motion/Second: Crane/Brown to approve Consent Calendar Items 7a-7e, as submitted. Motion carried by the following roll call votes: AYES: Crane, Rodin, Duenas, Brown and Orozco. NOES:
None. ABSENT: None. ABSTAIN: None.
8. AUDIENCE COMMENTS ON NON-AGENDA ITEMS
Public Comment: Chris Phillips.
Councilmember Directive to direct staff to connect Vice Mayor Brown with Mr. Phillips.
9. COUNCIL REPORTS
Presenter: Councilmember Duenas.
10. CITY MANAGER/CITY CLERK REPORTS
Presenters: Sage Sangiacomo, City Manager; and:
Update of Drought and Water Conditions – Sean White, Water Resources Director. Update on Construction Projects – Tim Eriksen, Public Works Director/City Engineer.
11. PUBLIC HEARINGS (6:15 PM)
a. Conduct a Public Hearing to Consider Adoption of a Resolution Approving the Submittal of One or More Applications in Response to the 2021 State Community Development Block Grant Program NOFA; and Approve Corresponding Budget Amendments if Awarded Funding for the Application(s).
Presenter: Craig Schlatter, Community Development Director.
PUBLIC HEARING OPENED AT 7:01 P.M.
No public comment was received.
PUBLIC HEARING CLOSED AT 7:02 P.M.
Exhibit E
City of Ukiah
21-CDBG-HA-00001
City Council Minutes for April 7, 2021, Continued:
Motion/Second: Crane/Rodin to adopt resolution (2021-12) authorizing the submittal of one or more applications (COU No. 2021-186) in response to the 2021 State CDBG NOFA and authorizing the City Manager to execute all related documents; and approve the corresponding budget amendments if awarded funding for the application(s). Motion carried by the following roll call votes: AYES: Crane, Rodin, Duenas, Brown, and Orozco. NOES: None. ABSENT: None. ABSTAIN: None.
12. UNFINISHED BUSINESS
a. Receive Status Report and Consider Any Action or Direction Related to the Novel Coronavirus (COVID-19) Emergency Including Operational Preparedness and Response; Continuity of City Operations and Services; Community and Business Impacts; and Any Other Related Matters.
Presenter: Tami Bartolomei, Office of Emergency Services Coordinator.
Report was received.
b. Review of Applications Received, and Possible Adoption of Resolution Making Appointments to Fill Two Vacancies on the City of Ukiah Planning Commission.
Presenters: Kristine Lawler, City Clerk and Craig Schlatter, Community Development Director.
Applicant Statements: Alex de Grassi, Sarah Marshall, Douglas Johnson, and Michelle Johnson. (Note from Clerk: In respect to the council discussion regarding the applicants, a distinction was drawn, using parliamentary procedure, between nominations that were being considered and nominations that were made. The record reflects only the latter) Motion by Councilmember Rodin to nominate Alex de Grassi.
Motion fails for lack of a second
Motion by Mayor Orozco to nominate Sarah Marshall.
Motion fails for lack of a second
Motion by Councilmember Duenas to nominate Michelle Johnson and Alex de Grassi.
Motion fails for lack of a second
Public Comment: Veronica Perry.
Motion/Second: Brown/Crane to nominate Michelle Johnson. Motion carried by the following roll call votes: AYES: Crane, Rodin, Duenas, Brown, and Orozco. NOES: None. ABSENT: None.
ABSTAIN: None.
City Attorney Rapport stated that there was a conflict of interest for Councilmember Rodin in respect to Sarah Marshall due to Ms. Marshall being a tenet of Councilmember Rodin’s; and recommended that she recuse herself from any decisions that affects Ms. Marshall.
Motion by Councilmember Rodin to nominate Alex de Grassi.
Motion fails for lack of a second
Motion/Second: Crane/Brown to nominate Douglas Johnson. Motion carried by the following roll call votes: AYES: Crane, Rodin, and Brown. NOES: Duenas and Orozco. ABSENT: None. ABSTAIN:
None.
Exhibit E
City of Ukiah
21-CDBG-HA-00001
City Council Minutes for April 7, 2021, Continued:
RECESS: 8:04 – 8:12 P.M. for Staff to consult with the City Attorney in respect to the conflict of interest.
City Attorney Rapport stated that Councilmember Rodin did not use her official position to grant a foreseeable financial interest to benefit herself because she didn’t move to nominate or vote to approve Sarah Marshall. Since Councilmember Rodin’s votes were not an exercise of a conflict of interest, her votes count for both the nomination of Michelle Johnson and Douglas Johnson.
Motion/Second: Crane/Brown to adopt the resolution (2021-13) accepting the nominations and making the appointments of Michelle Johnson and Douglas Johnson to the Planning Commission, terms to expire on April 7, 2025. Motion carried by the following roll call votes: AYES: Crane, Duenas, and Brown. NOES: Rodin and Orozco. ABSENT: None. ABSTAIN: None.
Public Comment, continued: Veronica Perry.
c. Approval of Contract with Team Ghilotti, Inc. of Petaluma in the Amount of $353,141.07 for the Construction of the Transportation Improvements for the Gobbi and Waugh Traffic Signal Project, Specification No. 20-11, and Approval of Corresponding Budget Amendment.
Presenter: Tim Eriksen, Public Works Director/City Engineer.
Motion/Second: Brown/Crane to approve contract (COU No. 2021-187) with Team Ghilotti, Inc. of Petaluma in the amount of $353,141.07 for the construction of the Transportation Improvements for the Gobbi and Waugh Traffic Signal Project, Specification No. 20-11; and approval of a corresponding budget amendment. Motion carried by the following roll call votes: AYES: Crane, Rodin, Duenas, Brown, and Orozco. NOES: None. ABSENT: None. ABSTAIN: None. d. Update on Emergency Repair of the Yosemite Drive Water Main and Determine that Emergency Conditions Continue to Require the Emergency Repair.
Presenter: Tim Eriksen, Public Works Director/City Engineer.
Motion/Second: Crane/Brown to determine that emergency conditions continue to require the repair of the Yosemite Drive Water Main without competitive bidding. Motion carried by the following roll call votes: AYES: Crane, Rodin, Duenas, Brown, and Orozco. NOES: None. ABSENT: None.
ABSTAIN: None.
e. Discuss and Consider Approval of Resolution Confirming an Emergency Order of the City Manager of the City of Ukiah in His Capacity as the Director of Emergency Services extending the operation period of the Inland Winter Homeless Shelter located at 1045 South State Street in Ukiah through April 30, 2022.
Presenter: Sage Sangiacomo, City Manager.
Public Comment: Maureen Mulheren, Mendocino County 2nd District Supervisor.
Motion/Second: Crane/Rodin to approve Resolution (2021-14) confirming Emergency Order of the City Manager of the City of Ukiah, in his capacity as the Director of Emergency Services for the City, extending the operation period of the Inland Winter Homeless Shelter located at 1045 South State Street in Ukiah through April 30, 2022. Motion carried by the following roll call votes: AYES: Crane, Rodin, Duenas, Brown, and Orozco. NOES: None. ABSENT: None. ABSTAIN: None.
Exhibit E
City of Ukiah
21-CDBG-HA-00001
City Council Minutes for April 7, 2021, Continued:
13. NEW BUSINESS
a. Consideration and Possible Adoption of Resolution Adopting the City of Ukiah Housing Rehabilitation Program Guidelines, to Possibly be Funded by the State Community Development Block Grant Program.
Presenter: Craig Schlatter, Community Development Director.
Motion/Second: Brown/Crane to adopt resolution (2021-15) adopting the City of Ukiah Housing Rehabilitation Program Guidelines with modification as presented by Director Schlatter*. Motion carried by the following roll call votes: AYES: Crane, Rodin, Duenas, Brown, and Orozco. NOES:
None. ABSENT: None. ABSTAIN: None.
*Modification as presented by Director Schlatter: On page 329 of the April 7, 2021, Council packet, the sentence reading: To the extent that an amortized loan payment will not cause housing costs to exceed 49% of gross monthly income should become: To the extent that an amortized loan payment will not cause housing costs plus other monthly debt payments to exceed 49% of gross monthly income.
b. Consideration and Possible Authorization for the Purchase and Services of an Automated License Plate Reader System to Vigilant Solutions in the Amount of $42,610.20 Plus Tax Over Five Years, and Authorizing the City Manager to Execute a Five-Year Professional Services Agreement with Vigilant Solutions for Related Services.
Presenters: Traci Boyl, City Manager's Office Management Analyst and Noble Waidelich, Captain Ukiah Police Department.
Motion/Second: Crane/Rodin to award contract (COU No. 2021-188) for the purchase and services of an Automated License Plate Reader System to Vigilant Solutions in the amount not-to-exceed $42,610.20 over five years, and authorizing the City Manager to execute a five-year Professional Services Agreement with Vigilant Solutions for related services. Motion carried by the following roll call votes: AYES: Crane, Rodin, Duenas, Brown, and Orozco. NOES: None. ABSENT: None.
ABSTAIN: None.
c. Adopt Resolution Approving Revised City of Ukiah Electric Utility Renewable Energy Resources Procurement Plan and Enforcement Program.
Presenter: Mel Grandi, Electric Utility Director.
Motion/Second: Crane/Brown to adopt resolution (2021-16) approving the Revised City of Ukiah Electric Utility Renewable Energy Resources Procurement Plan (RPS) and Enforcement Program.
Motion carried by the following roll call votes: AYES: Crane, Rodin, Duenas, Brown, and Orozco.
NOES: None. ABSENT: None. ABSTAIN: None.
d. Adopt Resolution Approving the 2025 Base Resource Contract with Western Area Power Administration and Authorize City Manager to Execute the Contract on the City's Behalf.
Presenter: Mel Grandi, Electric Utility Director.
Motion/Second: Crane/Rodin to adopt Resolution (2021-17) approving the 2025 Base Resource Contract (COU No. 2021-191) with Western Area Power Administration, and authorize City Manager to execute the contract on the City's behalf. Motion carried by the following roll call votes: AYES:
Crane, Rodin, Duenas, Brown, and Orozco. NOES: None. ABSENT: None. ABSTAIN: None. e. Receive Updates on City Council Committee and Ad Hoc Assignments and, if Necessary, Consider Modifications to Assignments and/or the Creation/Elimination of Ad hoc(s).
Presenters: City Manager Sangiacomo and Councilmember Rodin.
Exhibit E
City of Ukiah
21-CDBG-HA-00001
City Council Minutes for April 7, 2021, Continued:
Councilmember Directive to meet with staff regarding annexation issues before the next LAFCo meeting.
Motion/Second: Rodin/Duenas to appoint Councilmember Crane and Vice Mayor Brown to serve on an ad hoc to meet with the Upper Russian River Water Agency (URRWA). Motion carried by the following roll call votes: AYES: Crane, Rodin, Duenas, Brown, and Orozco. NOES: None. ABSENT:
None. ABSTAIN: None.
Council Consensus to leave agenda order as is.
14. CLOSED SESSION
a. Conference with Legal Counsel—Anticipated Litigation (Government Code Section 54956.9(d)(2))
Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2)(Number of potential cases: 3)"
b. Conference with Legal Counsel—Anticipated Litigation (Government Code Section 54956.9(d)(4))
Deciding whether to initiate litigation pursuant to paragraph (4) of subdivision (d) of Government Code Section 54956.9 (Potential Cases: 1)"
c. Conference with Legal Counsel – Existing Litigation
(Government Code Section 54956.9(d)(1))
Name of case: Vichy Springs Resort v. City of Ukiah, Et Al; Case No. SCUK-CVPT-2018-70200 d. Conference with Legal Counsel – Existing Litigation
(Cal. Gov’t Code Section 54956.9(d)(1))
Name of case: City of Ukiah v. Questex, LTD, et al, Mendocino County Superior Court, Case No. SCUK- CVPT-15-66036
e. Conference with Labor Negotiator (54957.6)
Agency Representative: Sage Sangiacomo, City Manager
Employee Organizations: All Bargaining Units
f. Conference with Real Property Negotiators
(Cal. Gov’t Code Section 54956.8)
Property: APN Nos: 157-050-03, 157-060-02, 157-050-04, 157-050-03, 157-030-02, 157-050- 01, 157-050-02, 157-050-10, 157-050-09, 157-070-01, 157-070-02, 003-190-01 Negotiator: Sage Sangiacomo, City Manager;
Negotiating Parties: Dave Hull and Ric Piffero
Under Negotiation: Price & Terms of Payment
Direction was given to staff.
15. ADJOURNMENT
There being no further business, the meeting adjourned at 9:26 p.m. ________________________________
Kristine Lawler, City Clerk
Exhibit E
City of Ukiah
21-CDBG-HA-00001
RESOLUTION NO. 2021-12
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH APPROVING AN APPLICATION FOR
FUNDING AND THE EXECUTION OF A GRANT AGREEMENT AND ANY AMENDMENTS THERETO FROM THE 2020-2021 FUNDING YEAR OF THE STATE CDBG PROGRAM
BE IT RESOLVED by the City Council of the City of Ukiah as follows:
SECTION 1:
The City Council has reviewed and hereby approves the submission to the State of California of one or more application( s) in the aggregate amount, not to exceed, of $1,000,000 for the following CDBG activities, pursuant to the January 2021 CDBG NOFA:
City of Ukiah Housing Rehabilitation Program $ 400,000
Housing Rehabilitation Administration $ 100,000
City of Ukiah Code Enforcement Program $ 465,000
General Administration – Code Enforcement Program Activity $ 35,000 Total Grant Amount $ 1, 000,000
SECTION 2:
The City hereby approves the use of Program Income in an amount not to exceed $38,000 for the Housing Rehabilitation Program activity described in Section 1.
SECTION 3:
The City acknowledges compliance with all state and federal public participation requirements in the development of its application(s).
SECTION 4:
The City hereby authorizes and directs the City Manager to execute and deliver all applications and act on the City's behalf in all matters pertaining to all such applications.
SECTION 5:
If an application is approved, the City Manager is authorized to enter into, execute and deliver the grant agreement ( i.e., Standard Agreement) and any and all subsequent amendments thereto with the State of California for the purposes of the grant.
SECTION 6:
If an application is approved, the City Manager is authorized to sign and submit Funds Requests and all required reporting forms and other documentation as may be required by the State of California from time to time in connection with the grant.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Ukiah held on April 7, 2021, by the following vote:
AYES: Councilmembers Crane, Rodin, Duenas, Brown, and Mayor Orozco NOES: None
ABSTAIN: None
ABSENT: None
Juan V. Orozco, Mayor
CityofUkiahofthe State of California
ATTEST:
I, Kristine Lawler, City Clerk of the City of Ukiah, State of California, hereby certify the above and foregoing to be a full, true and correct copy of a resolution adopted by said City Council on this 7th day of April, 2021.
Kristine Lawler, CityClerk
ofthe City of Ukiah of the State of California
By: ________________
Kristine Lawler, City Clerk
Exhibit E
City of Ukiah
21-CDBG-HA-00001
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Exhibit E
City of Ukiah
21-CDBG-HA-00001
Exhibit E
City of Ukiah
21-CDBG-HA-00001
DOB Tracking
City of Ukiah Housing Rehabilitation Program City of Ukiah Community Development Department Duplication of Benefits Tracking Sources Budget Gap/
Uses (line item budget) Total Activity Costs [Source 1] [Source 2] [Source 3] [Source 4] [Source 5] [Source 6] [Source 7] [Source 8] [Source 9] CDBG CDBG PI Duplication of Benefits [Activity Costs Category 1 (i.e. Activity Delivery, Materials, Labor)] Loans and grants to owners $ 438,000.00 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 400,000.00 $ 38,000.00 $ - [Line Item] $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - [Line Item] $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - [Line Item] $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - [Line Item] $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - [Line Item] $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - [Line Item] $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - [Line Item] $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - [Line Item] $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - [Line Item] $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - [Line Item] $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - [Line Item] $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - [Line Item] $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - [Line Item] $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - [Line Item] $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Total $ 438,000.00 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 400,000.00 $ 38,000.00 $ - [Activity Costs Category 2 (i.e. Activity Delivery, Materials, Labor)] City staff- housing rehab admin $ 100,000.00 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 100,000.00 $ - $ - [Line Item] $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - [Line Item] $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - [Line Item] $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - [Line Item] $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - [Line Item] $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - [Line Item] $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - [Line Item] $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - [Line Item] $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - [Line Item] $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - [Line Item] $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - [Line Item] $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - [Line Item] $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - [Line Item] $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - [Line Item] $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Total $ 100,000.00 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 100,000.00 $ - $ - General Administration
[Line Item] $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - [Line Item] $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - [Line Item] $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - [Line Item] $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Total $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Activity Total $ 538,000.00 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 500,000.00 $ 38,000.00 $ - Instructions: Fill out the above line item budget with you projected activity costs. You may identify the line items by category, such as activity delivery, activity, and admin, or by any other activity categories that apply to your activity. Do keep you administration costs categorized under the General Administration category. Fill in the jurisdiction and activity information at the top of the form, and Identify the spedific resources (funds) that will be used to pay for each line item in each category. If you do not have CDBG-PI, please leave those Exhibit E
City of Ukiah
21-CDBG-HA-00001
SAMPLE
City of Town Food Bank Helping Hands Mission
Duplication of Benefits Tracking Sources Budget Gap/
Uses (line item budget) Total Activity Costs CARES Act Donations Mission Fndn. DHSS FEMA General Fund [Source 7] [Source 8] [Source 9] CDBG-CV1 CDBG PI Duplication of Benefits Food and Delivery Costs
Canned Food $ 25,000.00 $ - $ 1,500.00 $ 5,000.00 $ 15,000.00 $ - $ - $ - $ - $ - $ 3,500.00 $ - $ - Perishible Food $ 50,000.00 $ - $ 2,500.00 $ 5,000.00 $ 35,000.00 $ - $ - $ - $ - $ - $ 7,500.00 $ - $ - Boxes/Bags $ 1,500.00 $ - $ - $ 1,500.00 $ - $ - $ - $ - $ - $ - $ - $ - $ - Delivery Fuel $ 7,500.00 $ - $ - $ 1,000.00 $ - $ - $ - $ - $ - $ - $ - $ 7,500.00 $ 1,000.00 Vehicle Costs $ 9,000.00 $ - $ 500.00 $ - $ - $ - $ - $ - $ - $ - $ 8,000.00 $ - $ (500.00) [Line Item] $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - [Line Item] $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - [Line Item] $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - [Line Item] $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - [Line Item] $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - [Line Item] $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - [Line Item] $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - [Line Item] $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - [Line Item] $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - [Line Item] $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Total $ 93,000.00 $ - $ 4,500.00 $ 12,500.00 $ 50,000.00 $ - $ - $ - $ - $ - $ 19,000.00 $ 7,500.00 $ 500.00 Activity Delivery (Helping Hands Mission Staff Costs
Delivery Staff $ 60,000.00 $ - $ - $ 10,000.00 $ - $ - $ - $ - $ - $ - $ 50,000.00 $ - $ - Packaging Staff $ 55,000.00 $ - $ - $ 10,000.00 $ - $ - $ - $ - $ - $ - $ 50,000.00 $ - $ 5,000.00 HHM Management Staff $ 125,000.00 $ - $ - $ 25,000.00 $ 50,000.00 $ - $ - $ - $ - $ - $ 27,000.00 $ 15,000.00 $ (8,000.00) [Line Item] $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - [Line Item] $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - [Line Item] $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - [Line Item] $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - [Line Item] $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - [Line Item] $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - [Line Item] $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - [Line Item] $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - [Line Item] $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - [Line Item] $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - [Line Item] $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - [Line Item] $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Total $ 240,000.00 $ - $ - $ 45,000.00 $ 50,000.00 $ - $ - $ - $ - $ - $ 127,000.00 $ 15,000.00 $ (3,000.00) General Administration
City of Town Staff $ 45,000.00 $ - $ - $ - $ - $ - $ 23,000.00 $ - $ - $ - $ 20,000.00 $ 2,500.00 $ 500.00 Grant Consultant $ 10,000.00 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 10,000.00 $ - $ - [Line Item] $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - [Line Item] $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Total $ 55,000.00 $ - $ - $ - $ - $ - $ 23,000.00 $ - $ - $ - $ 30,000.00 $ 2,500.00 $ 500.00 Activity Total $ 388,000.00 $ - $ 4,500.00 $ 57,500.00 $ 100,000.00 $ - $ 23,000.00 $ - $ - $ - $ 176,000.00 $ 25,000.00 $ (2,000.00) Instructions: Fill out the above line item budget with you projected activity costs. You may identify the line items by category, such as activity delivery, activity, and admin, or by any other activity categories that apply to your activity. Do keep you administration costs categorized under the General Administration category. Fill in the jurisdiction and activity information at the top of the form, and Identify the spedific resources (funds) that will be used to pay for each line item in each category. If you do not have CDBG-PI, please leave those fields blank. If your budget Exhibit E
City of Ukiah
21-CDBG-HA-00001
UKIAH, CITY OF
Unique Entity ID
XDFQWV9AP529
CAGE / NCAGE
1WGX8
Purpose of Registration
Federal Assistance Awards Only
Registration Status
Active Registration
Expiration Date
Jan 13, 2023
Physical Address
300 Seminary AVE
Ukiah, California 95482-5400
United States
Mailing Address
300 Seminary AVE
Ukiah, California 95482-5400
United States
Business Information
Doing Business as
(blank)
Division Name
(blank)
Division Number
(blank)
Congressional District
California 02
State / Country of Incorporation
(blank) / (blank)
URL
(blank)
Registration Dates
Activation Date
Jan 17, 2022
Submission Date
Jan 13, 2022
Initial Registration Date
Dec 11, 2001
Entity Dates
Entity Start Date
Mar 8, 1976
Fiscal Year End Close Date
Jun 30
Immediate Owner
CAGE
(blank)
Legal Business Name
(blank)
Highest Level Owner
CAGE
(blank)
Legal Business Name
(blank)
Executive Compensation
Registrants in the System for Award Management (SAM) respond to the Executive Compensation questions in accordance with Section 6202 of P.L. 110-252, amending the Federal Funding Accountability and Transparency Act (P.L. 109-282). This information is not displayed in SAM. It is sent to USAspending.gov for display in association with an eligible award. Maintaining an active registration in SAM demonstrates the registrant responded to the questions.
Proceedings Questions
Registrants in the System for Award Management (SAM) respond to proceedings questions in accordance with FAR 52.209-7, FAR 52.209-9, or
2.C.F.R. 200 Appendix XII. Their responses are not displayed in SAM. They are sent to FAPIIS.gov for display as applicable. Maintaining an active registration in SAM demonstrates the registrant responded to the proceedings questions.
Exclusion Summary
Active Exclusions Records?
No
SAM Search Authorization
I authorize my entity's non-sensitive information to be displayed in SAM public search results:
Yes
Entity Types
Business Types
Entity Structure
U.S. Government Entity
Entity Type
US Local Government
Organization Factors
(blank)
Profit Structure
(blank)
Last updated by Greg Owen on Jan 13, 2022 at 01:46 PM UKIAH, CITY OF https://sam.gov/entity/XDFQWV9AP529/coreData?status=Active Page 1 of 2 Exhibit E
City of Ukiah
21-CDBG-HA-00001
Socio-Economic Types
Check the registrant's Reps & Certs, if present, under FAR 52.212-3 or FAR 52.219-1 to determine if the entity is an SBA-certified HUBZone small business concern. Additional small business information may be found in the SBA's Dynamic Small Business Search if the entity completed the SBA supplemental pages during registration.
Government Types
U.S. Local Government
City
Financial Information
Accepts Credit Card Payments
No
Debt Subject To Offset
No
EFT Indicator
0000
CAGE Code
1WGX8
Points of Contact
Electronic Business
GREG Owen
300 Seminary AVE
Ukiah, California 95482
United States
DAn buffalo 300 Seminary AVE
Ukiah, California 95482
United States
Government Business
Tami Bartolomei
300 Seminary AVE
Ukiah, California 95482
United States
Pamela Mathias 300 Seminary AVE
Ukiah, California 95482
United States
Past Performance
Robert Ramseier
300 Seminary AVE
Ukiah, California 95482
United States
Douglas Hutchison 300 Seminary AVE
Ukiah, California 95482
United States
Service Classifications
NAICS Codes
Primary NAICS Codes NAICS Title
Disaster Response
This entity does not appear in the disaster response registry.
Last updated by Greg Owen on Jan 13, 2022 at 01:46 PM UKIAH, CITY OF https://sam.gov/entity/XDFQWV9AP529/coreData?status=Active Page 2 of 2 Exhibit E
City of Ukiah
21-CDBG-HA-00001
Exhibit E
City of Ukiah
21-CDBG-HA-00001
Exhibit E
City of Ukiah
21-CDBG-HA-00001
Exhibit E
City of Ukiah
21-CDBG-HA-00001
Exhibit E
City of Ukiah
21-CDBG-HA-00001
Exhibit E
City of Ukiah
21-CDBG-HA-00001
Exhibit E
City of Ukiah
21-CDBG-HA-00001
Exhibit E
City of Ukiah
21-CDBG-HA-00001
Exhibit E
City of Ukiah
21-CDBG-HA-00001
Exhibit E
City of Ukiah
21-CDBG-HA-00001
Exhibit E
City of Ukiah
21-CDBG-HA-00001
Exhibit E
City of Ukiah
21-CDBG-HA-00001
Exhibit E
City of Ukiah
21-CDBG-HA-00001
Exhibit E
City of Ukiah
21-CDBG-HA-00001
Exhibit E
City of Ukiah
21-CDBG-HA-00001
Exhibit E
City of Ukiah
21-CDBG-HA-00001
Exhibit E
City of Ukiah
21-CDBG-HA-00001
Exhibit E
City of Ukiah
21-CDBG-HA-00001
Exhibit E
City of Ukiah
21-CDBG-HA-00001
Exhibit E
City of Ukiah
21-CDBG-HA-00001
Exhibit E
City of Ukiah
21-CDBG-HA-00001
Exhibit E
City of Ukiah
21-CDBG-HA-00001
Exhibit E
City of Ukiah
21-CDBG-HA-00001
State Objectives: 26412298
Name Attachments
26412298 Yes
Applications
City of Ukiah Housing Rehabilitation Program
State Objectives Criteria
Instructions
All applicants are required to demonstrate, to the satisfaction of the Department, that state objectives criteria are met. These criteria include: (1) Affirmatively Furthering Fair Housing and (2) Disaster Resiliency. Each criterion includes sub-categories and applicants must demonstrate at least one option under each sub-category is met. Sub-categories include:
Affirmatively Furthering Fair Housing:
1. Housing Mobility Strategies;
2. Development of Housing Choices and Affordability in High Opportunity Areas; and
3. Place-based Strategies to Encourage Community Conservation and Revitalization, including Preservation and Displacement Protection
Disaster Resiliency:
1. Building Standards, Zoning and Site Planning; and
2. Long Term Planning
Applicants must fill out the following form, including a short description of documentation and relevant document links and the form must be certified by the delegate or sub-delegate for the application. Documentation must be minimal in volume and demonstrate the completion or approval of the action. Examples include resolutions, project approvals or other proof of adoption, approval or completion. The Department may consider other forms of verification on a case by case basis.
AFFIRMITIVELY FURTHERING FAIR HOUSING
Applicants must select a "yes" answer to at least one option under each sub-category to demonstrate meeting the affirmatively furthering fair housing (AFFH) state objectives. Sub-categories include: 1. Housing Mobility Strategies; 2. Development of Housing Choices and Affordability in Highest and High Resource Opportunity Areas; and 3. Place-based Strategies to Encourage Community Conservation and Revitalization, including Preservation and Displacement Protection for Lower Income Households or in Moderate and Low Resource Opportunity Areas or Areas of High Segregation and Poverty Housing Mobility Strategies
Affirmative marketing strategies or plans targeting nearby neighborhoods No
Use, affirmatively market or take other actions to promote use of housing voucher mobility throughout the community (e.g., proof of vouchers by census tract or other area indicator, landlord outreach programs, efforts to support landlord participation, and subsidizing security deposits No
Housing mobility counseling
No
Assistance with security deposits and moving expenses
No
City-wide affordable housing registries
No
Exhibit E
City of Ukiah
21-CDBG-HA-00001
Regional coordination and/or administration of vouchers (such as shared waiting lists) No
Accessibility programs focus on improving access to housing, public buildings and facilities, sidewalks, pedestrian crossings, and businesses
Yes
Please describe and include relevant links that demonstrate the action was completed:
In June 2020, the City started the Downtown Streetscape Improvement Project. The project, which is expected to be completed in 2021, provides streetscape improvements in downtown Ukiah on State Street, Perkins Street, and Standley Street, including sidewalk widening, curb ramps and bulb outs, street lights, street furniture and tree planting. The project also includes a “road diet” between Henry Street and Mill Street that is transforming the existing four-lane cross section into a three-lane cross section.
The Streetscape Project will improve accessibility to businesses in the downtown, public buildings and facilities, sidewalks, and pedestrian crossings. See link for more information: http://www.cityofukiah.com/streetscape/ In addition to the Streetscape project, in October 2019 the City Council adopted the 2019-2027 Housing Element. The City’s updated Housing Element includes as an Implementing Program 1a, which reads as follows: “Implement a residential rehabilitation program. Emphasize rehabilitation of mobile homes, detached single-family dwelling units, and lower-income multifamily housing projects. Prioritize funding for health and safety repairs, energy efficiency improvements, and ADA accommodations. Assist in completing the rehabilitation of at least 25 lower income housing units in the planning period.” The City is submitting an application to HCD for funding of a housing rehabilitation program under the 2021 CDBG NOFA, and if awarded, this would further the City’s efforts to increase accessibility to housing. See Page 65 of the Housing Element at this link:
http://www.cityofukiah.com/NewWeb/wp-content/uploads/2019/12/City-of-Ukiah-2019-2027-Housing-Element-Update-fullCERTIFIED-120519.pdf Finally, the City currently is actively redesigning a recently purchased municipal services building with a 2020 CDBG planning grant to remove architectural barriers to accessibility for the public’s future use of the building.
Please upload proof of completed actions:
Ukiah Downtown Streetscape Project April 2021 update.pdf High performing school districts to improve a diversity of students and staff to serve lower income students No
Other strategies not identified above
No
Housing Choices, Affordability and Other Actions to Promote Access in Highest and High Opportunity Resource Areas
For Information on Opportunity Areas, Please see TCAC/HCD Opportunity Maps at https://www.treasurer.ca.gov/ctcac/opportunity.asp
Applicant does not have highest or high resource opportunity areas No
Rezoned multifamily sites in highest or high resource opportunity neighborhoods in the last five years No
Approved or completed affordable housing in highest or high resource opportunity neighborhood in the last five years
No
Expand permitted residential uses (e.g., duplexes, triplexes, four-plexes) in zoning districts in highest or high resource opportunity areas
No
Exhibit E
City of Ukiah
21-CDBG-HA-00001