Loading...
HomeMy WebLinkAbout2025-01-09; Housing Commission; ; Memorandum of Agreement with the County of San Diego for the Administration of Project-Based Vouchers for VeteransMeeting Date: Jan. 9, 2025 To: Housing Commission From: Mandy Mills, Director of Housing & Homeless Services Staff Contact: Mandy Mills, Director of Housing & Homeless Services mandy.mills@carlsbadca.gov, 442-339-2907 Subject: Memorandum of Agreement with the County of San Diego for the Administration of Project-Based Vouchers for Veterans District: All Recommended Action Adopt the resolution recommending the Community Development Commission approve the agreement with the County of San Diego for the administration of project-based vouchers for veterans. Executive Summary The project owner of Windsor Pointe has applied for project-based rental assistance vouchers through a County of San Diego program available to serve veterans. If the application is awarded, the Carlsbad Housing Authority will have to enter into a Memorandum of Agreement with the Housing Authority of the County of San Diego. The City Council of the City of Carlsbad sits as the Community Development Commission which makes decisions on behalf of the Housing Authority. The Housing Commission makes recommendations to the City Council on Housing Authority matters. Explanation and Analysis Background Windsor Pointe is a 50 unit affordable housing project in Carlsbad, with 24 units reserved for permanent supportive housing. Windsor Pointe apartments are owned by Carlsbad Veteran Housing L.P. and operated by Affirmed Housing Group Inc.1 (Affirmed Housing). The Windsor Pointe project was first proposed in 2016. The City Council approved two actions, one in 2017 and one in 2020, for a $8.3 million financing package with the project owner to acquire the land and build the Windsor Pointe Affordable Housing Project. The County of San 1 Affirmed Housing is the Manager of AHG Windsor Pointe LLC, which is Carlsbad Veteran Housing’s administrative general partner. Jan. 9, 2025 Item #1 Page 1 of 10 HOUSING COMMISSION Staff Report Diego provided funding to develop and operate the housing through the state-funded No Place Like Home (NPLH) program.2 Veterans are given preference for all units at Windsor Pointe, but it has been challenging to place veterans in the No Place Like Home funded units for several reasons. The main reason being that veterans are referred first to projects that have a veteran requirement, as opposed to a preference. Potential funding The project partners explored alternatives to increase veteran occupancy. In October 2024, Affirmed Housing applied for project-based vouchers through the U.S. Department of Housing & Urban Development (HUD) Veterans Affairs Supportive Housing (VASH) program administered by the County of San Diego. Through ongoing funding assistance, the program creates affordable units reserved for veteran households referred by the Veterans Affairs office. It is a competitive application process. Notification of awards are anticipated in January 2025. Project-based vouchers provide financial assistance to a specific unit. When that tenant moves out, the next tenant receives the benefit. Although the units at Windsor Pointe are already affordable, the project-based voucher would apply a different rental income structure for those units. The rental income from the project-based voucher would replace some of the Capital Operating Subsidy Reserve (COSR) funding so it is not a financial benefit for the project. The reason Affirmed Housing applied is so that some of the No Place Like Home units can also have a veteran requirement as opposed to a preference. The project-based vouchers units would be reserved for HUD-VASH veteran households referred by the San Diego Veterans Affairs office. Referred tenants are still required to have a serious mental illness to meet the No Place Like Home requirement. One distinct difference is that tenants who accept a HUD-VASH voucher must agree to meet with a case manager each month, ensuring some level of engagement with available services. Affirmed Housing applied for a small number, only six, HUD-VASH project-based vouchers. They did not apply for all 24 No Place Like Home units because the project-based vouchers have to be used within one year and, since the units are occupied, the vouchers can only be used when a current No Place Like Home tenant vacates a unit. While it will still take some time to use even this small number of vouchers as tenants move out, receiving and using the HUD-VASH project-based vouchers will lead to higher veteran occupancy at Windsor Pointe in the future. In order for the County to award vouchers for use in the City of Carlsbad, the Carlsbad Housing Authority has to consent through a Memorandum of Agreement (MOA) with the County of San Diego. A draft MOA is attached as Exhibit 2. The City Attorney is reviewing and will provide a final form for the City Council’s consideration. 2 Project funding was also provided through tax credits from the California Tax Credit Allocation Committee. Jan. 9, 2025 Item #1 Page 2 of 10 Fiscal Analysis There is no fiscal impact to the City of Carlsbad by allowing the use of project-based vouchers in the city’s jurisdiction. If Windsor Pointe is awarded a voucher allocation, funding for the rental assistance will come from the federal government through the County of San Diego. Next Steps The Memorandum of Agreement will be presented to the City Council for approval. Environmental Evaluation Pursuant to Public Resources Code Section 21065, this action does not constitute a “project” within the meaning of the California Environmental Quality Act (CEQA) in that it has no potential to cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and therefore does not require environmental review. Exhibits 1. Housing Commission Resolution 2. Draft Memoranda of Agreement (MOA) with the County of San Diego Jan. 9, 2025 Item #1 Page 3 of 10 Jan. 9, 2025 Item #1 Page 4 of 10 RESOLUTION NO. 2025-001 A RESOLUTION OF THE HOUSING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING THAT THE COMMUNITY DEVELOPMENT COMMISSION APPROVE A MEMORANDUM OF AGREEMENT WITH THE HOUSING AUTHORITY OF THE COUNTY OF SAN DIEGO TO ADMINISTER SIX HUD-VASH PROJECT-BASED VOUCHERS FOR THE WINDSOR POINTE AFFORDABLE HOUSING DEVELOPMENT PROJECT AT 965 OAK AVENUE AND 3606 HARDING STREET IN CARLSBAD WHEREAS, the Housing Authority of the County of San Diego (HACSD) administers the Exhibit 1 U.S. Department of Housing & Urban Development (HUD) Veterans Affairs Supportive Housing (VASH) program, which is funded by HUD as part of the Housing Choice Voucher (HCV) program and provides tenant-based and project-based rental assistance for veterans experiencing homelessness; and WHEREAS, Affirmed Housing Group Inc. (Developer) has requested and been allocated six HUD- VASH Project-Based Vouchers (PBVs) from HACSD for the Windsor Pointe affordable housing development ("the Development11) located at 965 Oak Avenue and 3606 Harding Street in Carlsbad; and WHEREAS, Carlsbad is expressing its approval for HACSD to provide leased housing to persons of low income in Carlsbad's Housing Authority jurisdiction pursuant to California Health and Safety Code section 34312.5, which states that an authority may provide leased housing to persons of low income throughout the county in which it operates, except leased housing may not be provided within the area of operation of another authority if the local governing body of the other authority disapproves in advance;and WHEREAS, HACSD's role is to administer the HUD-VASH PBVs at the Development, and HACSD and the County of San Diego are not providing or intending to provide any additional funding or services beyond the awarded HUD-VASH PBVs; and WHEREAS, the Community Development Commission is the authorized legislative body to the housing authority within the City of Carlsbad; and • WHEREAS, the Housing Commission makes recommendations to the Community Development Commission on housing authority matters. NOW, THEREFORE, BE IT RESOLVED by the Housing Commission of the City of Carlsbad, California, as follows: 1. The above recitations are true and correct. Jan. 9, 2025 Item #1 Page 5 of 10 2. That based on the information provided within the Housing Commission staff report, the Housing Commission adopts this resolution, recommending that the Community Development Commission of the City of Carlsbad provide consent to the Housing Authority of the County of San Diego to administer six HUD-VASH PBVs at the Windsor Pointe affordable housing development located at 965 Oak Avenue and 3606 Harding Street, Carlsbad, CA, as required by CA Health and Safety Code section 34312 .5. PASSED, APPROVED AND ADOPTED at a meeting of the Housing Commission of the City of Carlsbad on the 9th day of January 2025, by the following vote, to wit: AYES: NAYS: ABSENT: ABSTAIN: Collins, Chang, Berger, Horton, Ydigoras. None. None. None. MANDY MILLS, Director MEMORANDUM OF AGREEMENT Parties This Memorandum of Agreement (MOA) is made between the County of San Diego (County) by and through the Housing Authority of the County of San Diego (HACSD) and the Carlsbad Housing Authority (CHA). The parties to this agreement may be referred to herein collectively as the “parties” or individually as a “party.” The Parties agree and understand that each Party is a legally authorized PHA by the State of California to operate within their respective jurisdictions and to foster inter-jurisdictional mobility in the administration of the U.S. Department of Housing and Urban Development (HUD) Housing Choice Voucher (HCV) Program. Recitals WHEREAS, HACSD administers U.S. Department of Housing & Urban Development (HUD) Veterans Affairs Supportive Housing (VASH) program funded by HUD as part of the Housing Choice Voucher (HCV) Program that provides tenant-based and project-based rental assistance for Veterans experiencing homelessness living in HACSD jurisdiction; WHEREAS, HACSD has awarded [INSERT NUMBER] HUD-VASH Project-Based Vouchers (PBVs) at the [INSERT DEVELOPMENT NAME] affordable housing development (“the Development”) located at 965 Oak Ave and 3606 Harding St, Carlsbad, CA; WHEREAS, the PBV Development is located within the CHA jurisdiction; WHEREAS, California Health and Safety Code Section 34312.5 states that an authority may provide leased housing to persons of low income throughout the county in which it operates, except leased housing may not be provided within the area of operation of another authority if the local governing body of the other authority disapproves in advance; WHEREAS, on January 14, 2025, the local governing body of the CHA has provided consent to HACSD to operate HUD-VASH PBVs at the Development in CHA’s respective area of operation; and WHEREAS, representatives from HACSD and CHA believe that it would be mutually beneficial and a public service for HACSD to administer HUD-VASH PBVs at the Development; THEREFORE, in consideration of the foregoing recitals and the mutual covenants and promises to set forth below, and for other good and valuable consideration, receipt of which is hereby acknowledged, the parties hereto agree as follows: 1.Administration of Agreement: Each party identifies the following individual to serve as theauthorized administrative representative for that party. Any party may change itsrepresentatives at any time by notifying the other parties in writing of such change and listingits effective date. Housing Authority of County of San Diego (HACSD) Elaine Sanders, Principal Administrative Analyst Housing and Community Development Services 3989 Ruffin Road, San Diego, CA 92123 Elaine.Sanders@sdcounty.ca.gov Carlsbad Housing Authority (CHA) Maria E. Campa, Housing Programs Manager Carlsbad City Housing Authority 1200 Carlsbad Village Drive, Carlsbad, CA 92008 maria.campa@carlsbadca.gov Exhibit 2 DRAFT Jan. 9, 2025 Item #1 Page 6 of 10 Jan. 9, 2025Jan. 9, 2025 Item #1 Page 6 of 10 Anthony Ricciardi, Human Services Program Manager Housing Authority of the County of San Diego 3989 Ruffin Road, San Diego, CA 92123 Anthony.Ricciardi@sdcounty.ca.gov Mandy Mills, Director Carlsbad Housing Authority 1200 Carlsbad Village Drive, Carlsbad, CA 92008 Mandy.mills@carlsbadca.gov 2.Background: The HUD-VASH program supports eligible veterans experiencing homelessness with on-going rental assistance administered by the HACSD and on-goingcase management provided by the local Veterans Affairs (VA) office. 3.Parties’ Responsibilities: 3.1. HACSD Responsibilities: 3.1.1. HACSD will perform all HUD-VASH PBV contract administration duties associated with the PBV program for the Development, including functions related to the initial leasing and ongoing assistance for HACSD-issued HUD-VASH project-based vouchers, such as inspections per HUD requirements, annual recertifications, and monthly payments to landlords. 3.1.2. Periodically, upon CHA request, HACSD shall provide CHA with aggregated information about the HUD-VASH vouchers operated under this agreement, not to include individualized personal data of voucher recipients. Requests may be reasonably required by CHA in the performance of its administrative duties within CHA’s jurisdiction. 3.2. CHA Responsibilities: 3.2.1. CHA has provided consent to HACSD to administer the HUD-VASH PBVs for the Development within the CHA jurisdiction. 4.Indemnity: RESERVED 5.Insurance: RESERVED 6.Conformance with Rules and Regulations: All parties shall be in conformity with allapplicable federal, State, County, and local laws, rules, and regulations, current andhereinafter enacted, including facility and professional licensing and/or certification laws andkeep in effect any and all licenses, permits, notices, and certificates as are required. All partiesshall further comply with all laws applicable to wages and hours of employment, occupationalsafety, and to fire safety, health, and sanitation. 7.Permits and Licenses: RESERVED 8.Governing Law: This agreement shall be governed, interpreted, construed, and enforced inaccordance with the laws of the State of California. 9.Third Party Beneficiaries Excluded: This agreement is intended solely for the benefit of theparties listed herein. Any benefit to any third party is incidental and does not confer on any third party to this agreement any rights whatsoever regarding the performance of thisagreement. Any attempt to enforce provisions of this agreement by third parties is specificallyprohibited. Item #1 Page 7 of 10 MOA [INSERT #] – Veteran Affairs Supportive Housing PBVs in Carlsbad HACSD and Carlsbad Housing Authority Jan. 9, 2025Jan. 9, 2025 Item #1 Page 7 of 10 10.Amendments to Agreement: Any party may propose amendments to this agreement byproviding written notice of such amendments to the other party. This agreement may only beamended by a written amendment signed by all parties. 11.Severability: If any terms or provisions of this agreement or the application thereof to anyperson or circumstance shall, to any extent, be held invalid or unenforceable, the remainder of this agreement, or the application of such term and provision to persons or circumstancesother than those as to which it is held invalid or unenforceable, shall not be affected therebyand every other term and provision of this agreement shall be valid and enforced to themaximum extent permitted by law. 12.Full Agreement: This agreement represents the full and entire agreement between theparties and supersedes any prior written or oral agreements that may have existed. 13.Scope of Agreement: This agreement only applies to the program described herein and doesnot set forth any additional, current, or future obligations or agreements between the parties,except that the parties may by written amendment amend the scope of this agreement. 14.Information Privacy and Security Provisions: RESERVED 15.Counterparts: This agreement may be executed in any number of separate counterparts, eachof which shall be deemed an original but all of which when taken together shall constitute oneand the same instrument. 16.Term: This agreement shall become effective when signed by all parties and will remain in effectfor five (5) years or until either party cancels by filing a 30-day written notice. 16.1. Upon reaching the initial five-year end date, the agreement may be renewed for a maximum of three, five-year intervals, for a total of twenty (20) years subject to approval by HACSD and CHA. 16.2. When allocating HUD-VASH PBVs to a PBV Development, the HACSD enters into a Housing Assistance Payment (HAP) contract with the PBV Development for an initial 20- year period and is subject to renewal for up to an additional 20 years. HAP contracts between the HACSD and PBV Developments entered into during the term of this agreement shall be allowed to continue operation even if this agreement terminates before the HAP contract ends. 17.Termination for Convenience: County may, by written notice stating the extent and effectivedate, terminate this agreement for convenience in whole or in part, at any time. 18.Live Well San Diego Vision: The County of San Diego, Health and Human Service Agency (HHSA), supports the Live Well San Diego vision of Building Better Health, Living Safely, andThriving. Live Well San Diego, developed by the County of San Diego, is a comprehensive,innovative regional vision that combines the efforts of partners inside and outside Countygovernment to help all residents be healthy, safe, and thriving. All HHSA partners andcontractors, to the extent feasible, are expected to advance this vision. Building Better Healthfocuses on improving the health of residents and supporting healthy choices. Living Safelyseeks to ensure residents are protected from crime and abuse, neighborhoods are safe, andcommunities are resilient to disasters and emergencies. Thriving focuses on promoting a region in which residents can enjoy the highest quality of life. Information about the Live Well San Diego can be found on the County’s website and a website dedicated to the vision: MOA [INSERT #] – Veteran Affairs Supportive Housing PBVs in Carlsbad HACSD and Carlsbad Housing Authority Jan. 9, 2025 Item #1 Page 8 of 10 Jan. 9, 2025 Item #1 Page 8 of 10 http://www.sdcounty.ca.gov/hhsa/programs/sd/live_well_san_diego/index.html http://www.LiveWellSD.org 19.A Trauma-Informed System: The County of San Diego Health and Human Services Agency(HHSA) is committed to becoming a Trauma-Informed System as part of its effort to build abetter service delivery system. All programs operated and supported by HHSA shall be part of a Trauma-Informed System, which includes providing trauma-informed services andmaintaining a trauma-informed workforce. It is an approach for engaging individuals – staff,clients, partners, and the community – and recognizing that trauma and chronic stressinfluence coping strategies and behavior. Trauma-informed systems and services minimizethe risk of re-traumatizing individuals and/or families, and promote safety, self-care, andresiliency. Trauma-Informed Principles include: •Understanding trauma and its impact to individuals. •Promoting safety. •Awareness of cultural, historical, disability, and gender issues, and ensuring competence and responsiveness. •Supporting consumer empowerment, control, choice, and independence. •Sharing power and governance (e.g. including clients and staff at all levels in thedevelopment and review of policies and procedures). •Demonstrating trustworthiness and transparency. •Integrating services along the continuum of care. •Believing that establishing safe, authentic, and positive relationships can be healing. •Understanding that wellness is possible for everyone. Remainder of this page is intentionally left blank. Item #1 Page 9 of 10 MOA [INSERT #] – Veteran Affairs Supportive Housing PBVs in Carlsbad HACSD and Carlsbad Housing Authority Page 4 of 5 December 2024 Jan. 9, 2025Jan. 9, 2025 Item #1 Page 9 of 10 County of San Diego Dated: __________________________ By: DR. KIMBERLY GIARDINA, Deputy Chief Administrative Officer, Health and Human Services Agency Dated: __________________________ By: DAVID ESTRELLA, Deputy Director Housing Authority of the County of San Diego Carlsbad Housing Authority Dated: __________________________ By: KEITH BLACKBURN, Chair Community Development Commission of the City of Carlsbad Dated: __________________________ By: GEOFF PATNOE, Secretary Community Development Commission of the City of Carlsbad Item #1 Page 10 of 10 MOA [INSERT #] – Veteran Affairs Supportive Housing PBVs in Carlsbad HACSD and Carlsbad Housing Authority Jan. 9, 2025 Page 5 of 5 December 2024 Jan. 9, 2025 Item #1 Page 10 of 10