HomeMy WebLinkAboutAgenda Report - February 15, 1989 (72)COUNCIL COt4MUNICAT ON
TO: THE CITY COUNCIL COUNCIL MEETING DATE: FEBRUARY 15, 1989
FROM: THE CITY MANAGER'S OFFICE
SUBJECT: MENORANDUM OF UNDERSTANDING BETWEEN THE CITY OF LODI AND SAN JOAQUIN
COUNTY REGARDING LOOI 'S HOUSING REHABILITATION (RES.)
RECOMMENDED ACTION:
That the City Council approve the Memorandum of Understanding (MOU) between the
City of Lodi and San 'oaquin County regarding Lodi's housing rehabilitation.
BACKGROUND INFORMATION:
On December 21, 1988, the City Council authorized the transfer of Lodi's housing
rehabilitation to San Joaquin County per HUD's recommendation,
The attached MOU drafted by staff outlines the terms of this transfer and the
responsibilities of each party. Essentially, this MOU calls for the City to
transfer the entire balance of funds currently allocated to Lodi's Housing
Rehabilitation Program (plus interest and less administrative expenses and fees
already incurred) to San Joaquin County. This would include approximately
$140,295.46 presently held in the Housing Rehabilitation Account at Bank of
America plus one quarter's interest and approximately $182,967.63 that has not yet
been requisitioned from the Federal Government (as the federal funds normally flow
through the Urban County, the latter transfer only requires a letter from the City
Manager authorizing San Joaquin to draw down the funds on the City's behalf). AlT
other provisions are as stated.
The City Attorney and a representative for San Joaquin County have both reviewed
the document. Staff believes the MOU adequately protects the City's interests and
is fair for all parties involved.
J &ngtyS ent Director
unity Development Directs
J$S/NKH/cag
Attachment
CC89/4/TXTD.OIC February 8, 1989
MEMORANDUM OF UNDERSTANDING
HOUSING REHABILITATION SERVICES
INTRODUCTION
The purpose of this memorandum dated February 15, 1989, between San Joaquin
County and the City of Lodi is to establish an agreement between the Count
and City with regard to the use of Community Development Block Grant (CDBC1
funds for the rehabilitation of eligible housing in Lodi, paid for with City
CDBG monies and administered by the County.
011/191/ 21 I u
The County agrees to carry out those activities specified in the San Joaquin
Housing Rehabilitation Program (copy att�-hed and incorporated by reference)
necessary to bring about the rehabilitaiion of housing located within the
City of Lodi, particularly within the incorporated portions of the City east
of the Southern Pacific Railroad that meet the requirements listed under "USE
OF FUNDS."
BUDGET AMOUNT
The City shall initially transfer the entire amount of funds allocated to
housing rehabilitation plus interest to the County on April 1, 1989, to be
held in a separate account (from the County's) with the County's bank. The
City may augment this fund by allocating additional monies in the future.
The County may draw from this account to receive reimbursement for any
related administrative services rendered on behalf of Lodi subject to the
limitations found in §570.206 of the Hcusing and Community Development Act of
1974 {as amended), 24 CFR Part 570.
USE OF FUNDS
Use of funds pursuant to this Memorandum of Understanding shall be in
accordance with the Housing and Community Development Act as cited, any other
regulations governing the CDBG Program, and any amendments or policy
revisions thereto which become effective during the term of this agreement.
In addition, the City and County agree to comply with other applicable laws,
including Section 504 of the Rehabilitation Act of 1973, the Age
Discrimination Act of 1375, and Executive Order No. 11063.
A11 funds contributed by the City must be held in separate from the County's
and may only be used for housing rehabilitation within the City of Lodi and
any related administration and servicing expenses.
PEPJOD F AGREEMENT
This Memorandum of Understanding shall be in force for as long as the City
defers its entitlement city status and participates in an urban county
agreement with the County; or until 30 days after either party gives written
notice to the other party of its intent to cancel the agreement.
DoaA4NTA'IION
The County shall notify the City of the names, addresses, and amounts of each
rehabilitation loan approved at least 14 days before the commencement of
work. The County shall also notify the City within 14 days, of the completion
of work.
The County shall provide the City with a status report on a quarterly basis
outlining the number and amount of loans made, the number of jobs started and
completed, the status of jobs in progress, and the amount incurred for
administrative expenses.
The County shall also provide the City with a photocopy of any bank
statements for the account(s) held on the City's behalf.
Y t°
N 4TORNG
The City shall have the right to review any pertinent records upon five (5)
days advance notice given to the County.
CITY RESPONSLBIUIIES_
The City agrees $hat it shall not charge more than $100.00 for a building
permit issued in connection with a rehabilitation loan issued pursuant to .
this agreement (Lodi City Council Resolution 88-52). Responsibility for the '
normal building inspection of such jobs shall rest with the City. i
y
The City further agrees to voiunteer the services of its Community ,
Development Block Grant Coordinator to assist in the resolution of any unique
problems that may arise in the course of administering housing rehabilitation
i n the City.
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BUSINESS AND EMPLOYMENT OPPORTUNITIES
To the greatest extent possible, olportunities for training and employment
are to be given to lower income residents of the project area, and contracts
for work in connection with the project be awarded to business concerns which
are located in, or owned in substantial part by, persons residing in the area
of the project. The County should make every effort to encourage local Lodi
area contractor; to bid.
MOUREHAB/TXTD.OIC
ILST VdINESS WHEREOF, the parties hereto have executed this agreement the day
and year first hereinabove written.
APPROVED AS TO FORM
(tom J
9OBBY MCNATT
City Attorney, City of Lodi
MOUREHAB/TXT0.0IC
APPROVED:
THOMAS A. PETERSON
City Manager
ATTEST:
Mb I
�C IM
City Clerk
COUNTY OF SAN JOAQUIN, A POLITICAL
SUBDIVISION OF THE STATE OF
CALIFORNIA
Chairman, Board of Supervisors
A
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HOUSING R€HABILI T A T ION PROGRAM
POLICIES
COALS
AND
PROCEDURAL GUIDELINES
OFFICE OF COUNTY ADMINISTRATOR
GRANTS MANAGEMENT OFFICE
ADOPTED DECEMBER 17, 1985
BOARD RESOLUTION 185-2143
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BACKGROUND
THE SAN JOAQUIN COUNTY HOUSING REHABILITATION PROGRAM,
AS STRUCTURED BY THESE POLICIES AND GOALS, IS DESIGNED
TO BRING ALL HOUSING UNITS IN SAN JOAQUIN COUNTY,
OCCUPIED BY LOW AND MODERATE INCOME PERSONS, UP TO
HOUSING CODE STANDARDS.
TO ACCOMPLISH THIS OBJECTIVE, MAJOR PROGRAM GOALS AND
SPECIFIC POLICIES HAVE BEEN ESTABLISHED.
THE HOUSING REHABILITATION PROGRAM WILL BE SUCCESSFUL,
BUT THESE GUIDELINES MUST BE APPLIED WITH SENSITIVITY
AND FLEXIBILITY. THE COUNTY STAFF MUST INSURE, THAT
REASONABLE CONSIDERATION IS GIVEN TO ALL ELIGIBLE
APPLICANTS WHO SEEK ASSISTANCE, BUT IN DOING SO,
AVAILABLE RESOURCES WILL NECESSARILY DETERMINE THE
NUMBER Of PERSONS WHO CAN BE ASSISTED, AND AT WHAT
LEVEL.
PERIODIC REVISIONS TO THESE GUIDELINES MAY BECOME
NECESSARY; PROGRAM AMENDMENTS WILL BE SUBJECT TO BOARD
REVIEW AND DIRECTSON.
m
HOUSING -REHABILITATION POLICIES
A. TO ENCOURAGE THE REHABILITATION OF ALL RESIDENTIAL STRUCTURES
TO A LEVEL CONSISTENT WITH HOUSING CODE STANDARDS, TO ENSURE
THE ELIMINATION OF HEALTH AND SAFETY VIOLATIONS AND TO
PROTECT THE GENERAL PUBLIC.
0. TO ALLOCATE RESOURCES IN A MANNER TO REACH A MAXIMUM NUMBER
OF COUNTY RESIDENTS AND TO ENSURE THE LONG TERM STABILITY OF
THE PROGRAM.
C. TO ESTABLISH A PRIORITY IN THE ALLOCATION OF FUNDS AND
RESOURCES.
D. TO PROVIDE A LEVEL OF FINANCIAL AND TECHNICAL ASSISTANCE
CONSISTENT WI H THE MEEDS OF RESIDENTS AND AVAILAMI Y OF
RF_ IIR .F_
E. TO ENSURE THE CONFIDENTIAL TREATMENT OF APPLICANT INFORMATION
CONSISTENT WITH FEDERAL, STATE AND LOCAL LAWS AND
F. TO ENSURE THAT POLICIES AND PROCEDURAL GUIDELINES ARE
OnIxi ISTENT WITH FEDERAL? STATE AND LOCAL PROGRAM
REQUIREMENTS.
i H iOSING" REHASILI TATION GOALS
THE COUNTY WILL ATTEMPT TO ENCOURAGE THE REHABILITATION OF ALL
RESIDENTIAL STRUCTURES THROUGH:
A -I OUTREACH AND INFORYATIONAL PROGRAMS.
Display advertisements will be run periodically in local
papers of general circulation; direct contacts will be
made with known community groups and through local
public meetings.
A-2 INSPECTION OF PROPERTY.
Upon request by the owner or tenant occupant, structural
inspections will be made and defects and hazards will be
noted. A report will be issued to be used as a guide
for corrective action.
A-3 FINANCIAL AND TECHNICAL ASSISTANCE.
Technical Assistance will be offered to residents and
owners to encourage the rehabilitation of units to uni-
form housing code standards and to eliminate code and
health and safety violations.
FUNDING RESOURCES WILL BE ALLOCATED TO ENSURE LONG TERM PROGRAM
INTEGRITY AND THE MAXIMUM UTILIZATION OF LIMITED RESOURCES.
2-1 MAXIMUM LOAN AMOUNTS:
1) Amortized Loans $25,000
21 Deferred Loans 18,000
3) Emergency Loans 5,000
4) Sewer Connections 2,500
51 Combination of all loans not to exceed 25,000
B-2 LOAN TERMS AND CONDITIONS
1) Amortized loans will have an effective interest rate
range of 0-5%, with a payback period not to exceed 30
years.
21 Deferred loans w i I I have a zero interest rate and
become due and payable with the change in ownership.
PAGE 2 OF HOUSING REHABILITATION GOALS
3) Emergency loans will have the same effective interest
rate range as an amortized loan, with an effective
payback period not to exceed 10. -years.
4) Sewer connection loans will heve the same effective
interest rate range as an amortized loan, with a
payback nut to exceed 5 years.
8-3 MINIMUM MONTHLY PAYMENT
The minimum monthly payment for amortized loans shall
be, not less than, $25.00.
8-4 LEVEL OF FUNDING FOR GENERAL PROPERTY IMPROVEMENTS SHALL
BE THE RESULTING BALANCE OF AVAILABLE LOAN FUNDS AFTER
THE CORRECTION OF HEALTH AND SAFETY CONDITIONS, SUBJECT
TO THE FOLLOWING LIMITATIONS: s:
I 1 Amortized Loans: 20% o f loan amount.
° 2) Deferred Loans = 10% o,`' loan amount.
3) Combination of ( I) and (2) : 15% o f Joan amount.
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REHABI ITATION ASSISTANCE NORMALLY WILL BE PROVIDED ON A PRIORITY
BASIS NO IN THE ORDER RECEIVED.
C-1 ORDER OF PRIORITY {
11 Eligible owner occupants of single family structures. #'
2) Eligible owners oP single family rental structures.
31 Eligible owner -occupants of a multi -family unit where
one unit is actually occupied by the owner.
4) Eligible absentee landlord of a multi -family unit, of
4 or fewer units, which are occupied by law and mod-
erate income tenants, in numbers, and at rents accept-
able to the grantor agency, (HUD or HDC).
C-2 EXCEPTIONS
1) Order of priority may be altered for docume.-)ted
health or safety conditions. The Deputy Director of
Buildings will have the sole responsibility for
changing the order of priority.
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PAGE 2 OF HOUSING REHABILITATION GOALS
3) Emergency loans will have the same effective interest
rate range as an amortized loan, with an effective
payback period not to exceed 10. -years.
4) Sewer connection loans will heve the same effective
interest rate range as an amortized loan, with a
payback nut to exceed 5 years.
8-3 MINIMUM MONTHLY PAYMENT
The minimum monthly payment for amortized loans shall
be, not less than, $25.00.
8-4 LEVEL OF FUNDING FOR GENERAL PROPERTY IMPROVEMENTS SHALL
BE THE RESULTING BALANCE OF AVAILABLE LOAN FUNDS AFTER
THE CORRECTION OF HEALTH AND SAFETY CONDITIONS, SUBJECT
TO THE FOLLOWING LIMITATIONS: s:
I 1 Amortized Loans: 20% o f loan amount.
° 2) Deferred Loans = 10% o,`' loan amount.
3) Combination of ( I) and (2) : 15% o f Joan amount.
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REHABI ITATION ASSISTANCE NORMALLY WILL BE PROVIDED ON A PRIORITY
BASIS NO IN THE ORDER RECEIVED.
C-1 ORDER OF PRIORITY {
11 Eligible owner occupants of single family structures. #'
2) Eligible owners oP single family rental structures.
31 Eligible owner -occupants of a multi -family unit where
one unit is actually occupied by the owner.
4) Eligible absentee landlord of a multi -family unit, of
4 or fewer units, which are occupied by law and mod-
erate income tenants, in numbers, and at rents accept-
able to the grantor agency, (HUD or HDC).
C-2 EXCEPTIONS
1) Order of priority may be altered for docume.-)ted
health or safety conditions. The Deputy Director of
Buildings will have the sole responsibility for
changing the order of priority.
PAGE 3 OF HOUSING REHABILITATION GOALS
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REHABILITATION LOAN ASSISTANCE SHALL BE CONSIDERED ON THE WrttiT,
ECONOMIC STATUS AND AB LIT t OF EACH LOAN APPLICANT.
D-1 Eligibility based on verified gross family earnings as
compared to the current Section 8 Income Limits for low
and moderate income persons.
D-2 Terms which are acceptable t -o the County and applicant.
CONFIDENTIALITY OF IryrUnriATION PROVIDED BY THE APPLICANT SHALL BE
MAINTAINED AT ALL TIMES.
E-1 Access to applicant files shall be restricted solely to
those employees charged with the processing of loans and '
physical aspects of housing rehabilitation,
E-2 Employees shall not discuss, with other employees,
friends, or contractors, the nature of the loan or any
information contained in the applicants rehabilitation
loan folder.
E-3 Survey data nay be taken from applications to comply
with reporting requirements of funding agency.
LOCAL AND FEDERAL FUNDS SHALL BE PROTECTED
F-1 Insurance coverage shall be sufficient to protect the
County's investment in the property. Liability, fire
and flood insurance shall be required at a level suf-
ficient to protect the public interest so long as there
is an outstanding loan balance.
F-2 All loans shall be secured by a promissory note and deed
of trust.
F-3 Loan balances become due and payable for reasons of
default, cessation of owner/occupancy and unauthorized
transfer of ownership.
OTHER ADMINISTRATIVE PROCEDURES
Loan Dispute And Reconciliation
The Prcgram Manager of the Grants Management Office, a Deputy
County Administrator and the Deputy Director of Buildings
will review all disputes associated with the loan and rehabi-
litation activities The decision of the review committee is
final and no further recourse, at the County level, is pro-
vided. A loan applicant may appeal the decis,on of the
review committee to the appropriate funding agency,
ELIGIBILITY cRIrERIA
A. Property must be located in the unincorporated
areas of the County.
S. Property must have need of substantial repairs
to correct health or safety deficiencies or to
meet housing code requirements.
C. Property must be determined to be rehabilita-
table to housing code standards, given loan
limitations.
0. Owner/occupants shall meet the prevailing
Section 8 income limits, as amended, to be eli-
gible to participate.
1. income shall include the earnings of all
occupants 18 years c f age or older.
2. Gross earnings shall not be ad''usted as
permitted under Section 8 guidelines.
E. Absentee landlords may participate,,Provided
pprovided
tt;gt 51% of the units, after rehaoalitation,
are occupied by low/moderate income persons and
at rents which are deemed as affordable.
ELIGIBLE REHABILITATION WORK ACTIVITIES
A. ITEMS HAZARCOUS TO LIFE AND SAFETY
s
These include repairs which are necessary to eliminate
an immediate threat to the life and safety of an indivi-
dual. Such repairs may include, but not be limited to:
1) Repairs to correct sagging structural parts of a home
(i.e., porch, roof, floor, foundation overturning,
etc.) which are likely to collapse in, thy.} immediate I
future. i
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21 Electrical repairs to correct conditions which are
likely to result in a fire, or threaten life. F
3) Plumbing repairs, including septic system failures
which involve exposed sewage, unsafe drinking water
system and heaters; etc.
4) Mechanical systems repairs which involve conditions
likely to result in a dwelling fire or leakage of gas
which could cause death.<
51 -Other repairs needed to correct conditions whfch
could result in an explosion or threaten ,life.
a. GENERAL HOUSING CODE AND HEALTH AND SAFETY CODE ITEMS.
These include repairs necessaryto eliminate inadequate ;
or improperly installed electrical, plumbing, heating
fixtures, and structural conditions which, although not
nscessary to eliminate an immediate threat to life, ;
represent deteriorated and/or inadequate housing. Such
repairs may include, but not be limited to:
I) Repairs necessary to eliminate Housing Code and
Health and Safety Code deficiencies.
2) Repairs necessary to correct electrical and lighting
defects, plumbing defects, and heating system
defects.
3) Repair, restoration, or r:;Qlacement of poor struc-
tural conditions (i . e. , r )undation, walls, par-
titicns, or other vectJcal supports; rirepIaces or
chimneys; flooring o,' floor supports; ceilings,
roofs, ceiling and roof supports; ste s; exterior
wall coverings; entra,Ice and exit de7ects; severe dry
rot and termite damage) .
GUIDELINES FOR INVESTOR OWNED MUL.TI FAMILY UNITS
1. Assistance will be offered to those projects consist-
ing of four or fewer units after rehabilitation.
2. Loans wi11 be limited to those projects where the
County will be in no less than 2nd position.
. Loans will be offered at not more than 3 percent below
the current market rate for similar loans with an amor-
tization period not to exceed 15 years.
4. Applicant shall agree that at least 51% of the units
rehabilitated will be occupied by lowlmoderate income
persons.
5. Applicant agrees to maintain rents at a level afford-
able to lowlmoderate income persons for five years.
Rents which generally exceed 25 percent of family's
income would not meet the County's criteria of affor-
dabiIIty.
4. Additions, alterations, and enlargements needed to
reduce overcrowding or to eliminate barriers to
elderlylhandicappsd occupants.
5. Repair, or purchase and installation, of a kitchen
stove and/or refrigerator, if none exists or if the
existing equipment is unsafe.
6. Weather protection (i.e., exterior painting, insula-
tion and weather stripping].
7. Installation of fire detecting devices anc' other
devices which prevent or minimize hazardous con-
ditions or situations.
C. GENERAL HOME IMPROVEMENTS.
Eligible general home improvements may include, but are
not limited to:
1. Painting, energy conservation, wallpapering, tile
work.
2.• Repair or construction of fences; repair of walkways
and driveways which are necessary for ingress or
egress.
3. Alterations or remodeling to increase the liveability
or usefulness of the property l i.e., alterations to
bathrooms, kitchens, etc. ).
4. Replacement of fighting or other fixtures.
5. General clean-up and removal of debris, abandoned
cars and parts from yard areas.
6. Noise alteration or noise mitigation measures.
7. Grading of exterior to eliminate flooding, drainage
conditions to resolve ground slippage, movement or
subsidence of land.
8. Retaining walls and perimeter fencing.
9. Security devices including deadbol ts, window locks
and exterior lighting.
DEFINITIONS
AMORTIZED LOANS
Low interest loans which require a monthly payment
towards the principal amount and interest over as eci-
fied period of time until the loan has been repaidp
DEFERRED LOANS
A loan without accrued interest, for which no monthly
payments of the principal amount are re wired. Loan
becomes due and payable in the event o f change of
ownership.
Note*- Deferred loans are Xenerally restricted to tt+ose
persons 65 years o age on fixed incomes, or those
who are handicappe and/or disabled.
AFFORDABLE RENTS
Rents shall be considered affordable and units
accessible to persons of low/moderate incomes i -f -that
person or family is not required to pay in excess of
25%of his or her gross family income for rent, incllu-
sive of utilities. For tenants currently in occupancy,
affordability shall be: rents prior to rehabilitation
or 25% of gross family earnings, whichever is the
greater amount.
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HOUSING REHABILITATION
POLICY STATEMENT
THE COUNTY SHALL ALLOCATE ENTITLEMENT RESOURCES AND PROGRAM INCOME
I N A MANNER TO REACH A MAXIMUM NUMBER OF COUNTY RESIDENTS AND TO
ENSURE THE LONG TERM STABILITY OF THE PROGRAM. t,-
Discussion: In formulating new program guidelines consistent with
this policy, staff analyzed the historical data on the existing
lump -sum agreement, the types of loans unwritten by the bank and
the clients served.
Staff is reasonably convinced that the return to the county" under
its existing agreement will not immediately or appreciably contri-
bute to the long term stability of the program. Staff, therefore,
suggests the following guideline changes in implementing this
policy statement:
A. Staff is permitted to bank its own loans under a loan ser- is
vicing agreement. This would mean that principal and F'=`
L =:
interest payments, less loan servicing or monthly charges,
would be returned to the program; '
B. Staffis permitted to offer loans at maximum of S%interest,
amorttzed over thirty years;
C. Staff is permitted to adjust the interest rate of the loan �.
period to ensure the twofold oal of reaching the maximum
number of county residents and to make some form of loan
affordable to most applicants.
0. Staff is permitted to make a loan to owners of rental proper-
ties at an interest rate at 3% below the current market rate
for similar loans. Investor loans are to be amortized over a
10 year period; and,
E. Staff can offer deferred loans to applicants who are 62 years
of age or older, handicapped, or disabled. Loans would be at
it interest rate and become due and payable with the change in
ownership.
THE COUNTY SHALL ENSURE THE REHABILITATION OF ALL RESIDENTIAL
STRUCTURES TO A LEVEL CONSISTENT WITH HOUSING CODE REQUIREMENTS
AND TO TAKE THOSE STEPS NECESSARY TO ELIMLNATE OBVIOUS HEALTH AND
SAFETY VIOLATIONS OR EMERGENCY HOUSING CONDTTTnNS_
Discussion: The existing hcusing rehabilitation program has
always aaressed housing code and health and safety violations and
it is also the intent to continue this practice, however, other
communities (Stockton, included) Provide for limited loans or
grants to homeowners to resolve life threatening conditions.
Because of the immediacy of the problem, traditional loan applica-
tion processing is normally waived as well as any order of
priority based on the date of the receipt of applications.
Staff suggest the following implementing guidelines:
Page Two of HOUSING REHABILITATION POLICY STATEMENT
A. The Director of Public Works shall have the authority to
determine if an emergency exists and to authorize the expen-
diture of funds outside the normal processing procedures.
8. Emergency loans or grants shall be limited to amount
necessary to correct the l i f e threatening conditions, but in
no event, shall the cost of repairs exceed $5,000.
3. THE COUNTY SNALL ESTABLISH A PRIORITY IN THE ALLOCATION OF FUNDS
AND RESOURCES.
Discussion: The existing policy generally speaks to the pre-
ference or priority of applicants to be served; however the issue
of how to treat investor-owned property, identified emergencies
and loan or grant limits have not been fully stated.
Staff suggest the following implementing guidelines: '
A. The order of priority, given limited resources, should be:
owner -occupied, single family dwellings; renter -occupied, #
single family dwellings; multi -family rental units where one
unit i s occupied by the owner, and other multi -family housing.'
B. The order of priority can be modified by the Director of
Building Inspections to resolve those housing conditions t `-
which are life threatening or of an extreme emergency. i.
C. Rehabilitation loans shall be limited to the following
amounts = `
Amortized Loans $25,000
Deferred Loans 18,000
Comb. Amar/Defer 25,000
Emergency Loans/Grants 5,000
Sewer Connections 2,500
4. THE COUNTY SHALL ENSURE THAT POLICIES AND PROCEDURES ARE
CONSISTENT WITH FEDERAL, STATE AND LOCAL PROGRAM REQUIREMENTS.
Discussion: Historically there have been very few chaones in the
County's Housing Rehabilitation Program since its inception. The
major modifications are normally in response to HUD's periodic
changes in the Income Eligibility Limits.
With the adoption of these policy statements, modification to the
rehabilitation guidelines would reflect only statutory or regula-
tory requirements as imposed by HUD or HDC.
S
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Page 3 of HOUSING REHABILITATION POLICY STATEMENT
Staff suggests the following implementing guidelines:
A. Staff is permitted to amend the Housing Rehabilitation
Program guidelines as may be required from time to time, to
be consistent with changes in federal,law; however no amend-
ment will be made where such changes would be in conflict
with a stated policy of the Board of Supervisors.
B. Amendment of establish loan and grant amounts are to be
approved by the Board of Supervisors; and
C. Any proposed changes in the program which would effect the
scope or nature of the program would require Board of
Supervisor review and approval.
5. THE COUNTY SHALL ENSURE THE CONFIDENTIAL TREATMENT OF APPLICANT
INFORMATION CONSISTENT WITH FEDERAL, STATE AND LOCAL REGULATIONS.
Discussion: Although there has not been a problem with the con-
fidential treatment of an applicant's financial information sub-
mitted with loan applications, a restatement of the wishes of the......
Board of Supervisors would be appropriate.
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RESOLUTION NO. 89-21
A RESOLUTION OF THE LODI CITY COUNCIL
APPROVING THE MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF LODI AND SAN JOAQUIN COUNTY
REGARDING LODI'S HOUSING REHABILITATION
WHEREAS, on December 21, 1988, the City Council authorized the transfer
of Lodi's housing rehabilitation to San Joaquin County in accordance
with Housing Urban Development's recommendation;
NOW, THEREFOREY BE IT RESOLVED, that the City Council does hereby
approve the Memorandum of Understanding between the City of Lodi and
San Joaquin County, regarding Lodi's housing rehabilitation, a copy of
which is marked Exhibit A and thereby made a part hereof.
Dated: February 15, 1989
I hereby certify that Resolution No. 89-21 was passed and
adopted by the City Council of the City of Lodi in a regular
meeting held February iS, 1989 by the following vote:
Ayes: Council Members - Hinchman, Olson, Reid and
Pinkerton (Mayor)
Noes: Council Members - None
Absent: Council Members - Snider
kt
V 711 /��t 11(4^�
Alice M. Reimche
City Clerk
• 89-21
MEMORANDUM OF UNDERSTANDING
HOUSING REHABILITATION SERVICES
ROTH11TI 1-rall e0l
The purpose of this memorandum dated February 15, 1989, between San Joaquin
County and the City of Lodi is to establish an agreement between the County
and City with regard to the use of Community Development Block Grant (CDBG)
funds for the rehabilitation of eligible housing in Lodi, paid for with City
CDBG monies and administered by the County.
WORK PROGRAM
The County agrees to carry out those activities specified in the San Joaquin
Housing Rehabilitation Program (copy attached and incorporated by reference)
necessary to bring about the rehabilitation of housing located within the
City of todi, particularly within the incorporated portions of the City east
of the Southern Pacific Railroad that meet the requirements listed under 'USE
OF FUNDS."
BUDGET AMOUNT
The City shall initially transfer the entire amount of funds allocated to
housing rehabilitation plus interest to the County on April 1, 1989, to be
held in a separate account (from the County's) with the County's bank. The
City may augment this fund by allocating additional monies in the future.
The County may draw from this account to receive reimbursement for any
related administrative services rendered on behalf of Lodi subject to the
limitations found in §570.206 of the Housing and Community Development Act of
1974 (as amended), 24 CFR Part 570.
USE OF FUNDS
Use of funds pursuant to this Memorandum of Understanding shal? be in
accordance with the Housing and Community Development Act as cited, any other
regulations governing the CDBG Program, and any amendments or policy
revisions thereto which become effective during the term of this agreement.
In addition, the City and County agree to comply with other applicable laws,
including Section 504 of the Rehabilitation Act of 1973, the Age
Discrimination Act of 1975, and Executive Order No. 11063.
All funds contributed by the City must be held in separate from the County's
and may only be used for housing rehabilitation within the City of Lodi and
any related administration and servicing expenses.
PERIOD OF AGREEMENT
This Memorandum of Understanding shall be in force for as long as the City
defers its entitlement city status and participates in an urban county
agreement with the County; or until 30 days after either party gives written
notice to the other party of its intent to cancel the a'greement.
DOCUMEiTATION
The County shall notify the City of the names, addresses, and amounts of each
rehabilitation loan approved at least 14 days before the commencement o��
work. The County shall also notify the City within 14 days of the completion
of work.
The County shall provide the City with a status report on a quarterly basis
outlining the number and amount of loans made, the number of jobs started and
completed, the status of jobs in progress, and the amount incurred for
administrative expenses.
The County shall also provide the City with aphotocopy of any bank
statements for the account(s) held on the City's behalf.
M�
The City shall have the right to review any pertinent recor(.s upon five (5)
days advance notice given to the County.
CITY RESPONSIBILITIES
The City agrees that it shall not charge more than $100.00 for a building
permit issued in connection with a rehabilitation loan issued pursuant to
this agreement (Lodi City Council Resolution 88-52). Responsibility for the
normal building inspection of such jobs shall rest with the City.
The City further agrees to volunteer the services of its Community
Development Block Grant Coordinator to assist in the resolution of any unique
problems that may arise in the course of administering housing rehabilitation
i n the City.
BUSIl ESS AND EMPLOYMENT OPPORTUNITIES
To the greatest extent possible, of ortunities for training and employment
are to be given to lower income residents of the project area, and contracts
for work in connection with the project be awarded to business concerns which
are located in, or owned in substantial part by, persons residing in the area
of the project. The County should make every effort to encourage local Lodi
area contractors to bid.
MOUREHAB/TXTD.01C
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IN WITNESS WHEREOF, the parties hereto have executed this agreement the day
and year first hereinabove written.
APPROVED AS TO FORM: APPROVED:
BOBBY MCNATT
City Attorney, City of Lodi
JOHN S. CHEADLE
County Counsel, County of Can Joaquin
MOUREHAB/TXT0.01C
THOMAS A. PETERSON
City Manager
ATTEST:
ALICE
M.
.. T i
COUNTYCity Clerk
OF SAN 1 / :I I
1
Chairman, Board of Supervisor:;