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HomeMy WebLinkAbout2025-01-14; Community Development Commission; Resolution 571RESOLUTION NO. 571 A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, CONSENTING TO THE HOUSING AUTHORITY OF THE COUNTY OF SAN DIEGO ADMINISTERING SIX HOUSING & URBAN DEVELOPMENT VETERANS AFFAIRS SUPPORTIVE HOUSING 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 administers the U.S. Department of Housing & Urban Development Veterans Affairs Supportive Housing program, which is funded by HUD as part of the Housing Choice Voucher program and provides tenant-based and project- based rental assistance for veterans experiencing homelessness; and WHEREAS, Affirmed Housing Group Inc. has requested and been allocated six project-based vouchers under the program from the county Housing Authority for the Windsor Pointe affordable housing development located at 965 Oak Avenue and 3606 Harding Street in Carlsbad; and WHEREAS, Carlsbad is expressing its approval for the county Housing Authority to provide leased housing to persons of low income in Carlsbad's Housing Authority jurisdiction in accordance with 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, the county Housing Authority's role is to administer the vouchers at the Windsor Pointe development, and the county Housing Authority and the County of San Diego are not providing or intending to provide any additional funding or services beyond the vouchers that were awarded; and WHEREAS, the Carlsbad Housing Commission considered the matter at a special meeting on Jan. 9, 2025, and recommended the Community Development Commission consent to the use of six of the vouchers at the Windsor Pointe affordable housing development; and WHEREAS, the Community Development Commission is the authorized legislative body to the housing authority within the City of Carlsbad . NOW, THEREFORE, BE IT RESOLVED by the Community Development Commission of the City of Carlsbad, California, as follows: 1. The above recitations are true and correct. 2. That the Community Development Commission of the City of Carlsbad hereby provides consent to the Housing Authority of the County of San Diego to administer six project-based vouchers from the Housing & Urban Development Veterans Affairs Supportive Housing program, at the Windsor Pointe affordable housing development located at 965 Oak Avenue and 3606 Harding Street in Carlsbad, California, as required by California Health and Safety Code section 34312.5. 3. That the Chair and Secretary of the Community Development Commission are authorized to execute a memorandum of agreement, in a form approved by the City Attorney, a template for which is attached as Attachment A, that reflects the consent provided in this resolution pursuant to Health & Safety Code section 34312.5. PASSED, APPROVED AND ADOPTED at a Special Meeting of the Community Development Commission of the City of Carlsbad on 14th day January 2025, by the following vote, to wit: AYES: NAYS: ABSTAIN : ABSENT: BLACKBURN, BHAT-PATEL, ACOSTA, BURKHOLDER, SHIN. NONE. NONE. NONE . KEITH BLACKBURN, Chair \~122'11~ GEOFF PATNOE, Secretary (SEAL) COUNTY OF SAN DIEGO Health and Human Services Agency 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 six (6) HUD-VASH Project-Based Vouchers (PBVs) at the Windsor Pointe affordable housing development ("the Development") located at 956 Oak Avenue and 3606 Harding Street, Carlsbad, CA 92008; 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 the authorized administrative representative for that party. Any party may change its representatives at any time by notifying the other parties in writing of such change and listing its 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 MOA 9912 -Veteran Affairs Supportive Housing PBVs in Carlsbad HACSD and Carlsbad Housing Authority (CHA) Page 1 of 6 January 2025 COUNTY OF SAN DIEGO Health and Human Services Agency 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 Amanda Mills, Director of Housing and Homeless Services 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-going case 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: 4.1. Indemnity Claims Arising from the Sole Acts or Omissions of a Party: Each Party to this Agreement hereby agrees to defend and indemnify the other Parties to this Agreement, their agents, officers and employees, from any claim, action or proceeding against the other Parties, arising solely out of its own acts or omissions in the performance of this Agreement. At each Party's sole discretion, each Party may participate at its own expense in the defense of any claim, action or proceeding, but such participation shall not relieve any Party of any obligation imposed by this Agreement. Parties shall notify each other promptly of any claim, action or proceeding and cooperate fully in the defense. 4.2. Indemnity Claims Arising from Concurrent Acts or Omissions: The Parties hereby agree to defend themselves from any claim, action or proceeding arising out of the concurrent acts or omissions of the Parties. In such cases Parties agree to retain their own legal counsel, bear their own defense costs, and waive their right to seek reimbursement of such costs, except as provided in paragraph 4.3 below. 4.3. Indemnity Joint Defense and Reimbursement and Reallocation : Notwithstanding paragraph 4.2 above in cases where parties agree in writing to a joint defense, Parties may appoint joint defense counsel to defend the claim, action or proceeding arising out of the concurrent acts or omissions of Parties. Joint defense counsel shall be selected by mutual agreement of Parties. Parties agree to share the costs of such joint defense MOA 9912 -Veteran Affairs Supportive Housing PBVs in Carlsbad HACSD and Carlsbad Housing Authority (CHA) Page 2 of 6 January 2025 ~ COUNTYOFSANDIEGO ~.Jl .;;. Health and Human Services Agency r.d :w and any agreed settlement in equal amounts, except as follows: Parties further agree that neither party may bind the other to a settlement agreement without the written consent of both Parties. Where a trial verdict or arbitration award, in a joint defense case, allocates or determines the comparative fault of parties, Parties may seek reimbursement and/or reallocation of defense costs, judgments and awards, consistent with such comparative fault. 5. Insurance: Each Party must obtain at its own cost and expense, and keep in force and effect during the term of this Contract, including all extensions, policies of insurance or programs of self-insurance with policy limits in sufficient amounts to cover any and all potential liability of such party hereunder. Minimum policy limits maintained by any Party shall in no way limit the Party's indemnification obligations. 6. Conformance with Rules and Regulations: All parties shall be in conformity with all applicable federal, State, County, and local laws , rules , and regulations, current and hereinafter enacted, including facility and professional licensing and/or certification laws and keep in effect any and all licenses, permits, notices, and certificates as are required. All parties shall further comply with all laws applicable to wages and hours of employment, occupational safety, and to fire safety, health, and sanitation. 7. Permits and Licenses: RESERVED 8. Governing Law: This agreement shall be governed, interpreted, construed, and enforced in accordance with the laws of the State of California. 9. Third Party Beneficiaries Excluded: This agreement is intended solely for the benefit of the parties 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 this agreement. Any attempt to enforce provisions of this agreement by third parties is specifically prohibited. 1 O. Amendments to Agreement: Any party may propose amendments to this agreement by providing written notice of such amendments to the other party. This agreement may only be amended by a written amendment signed by all parties. 11 . Severability: If any terms or provisions of this agreement or the application thereof to any person 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 circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and every other term and provision of this agreement shall be valid and enforced to the maximum extent permitted by law. 12. Full Agreement: This agreement represents the full and entire agreement between the parties 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 does not 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 MOA 9912 -Veteran Affairs Supportive Housing PBVs in Carlsbad HACSD and Carlsbad Housing Authority (CHA) Page 3 of 6 January 2025 . . COUNTY OF SAN DIEGO Health and Human Services Agency 15. Counterparts: This agreement may be executed in any number of separate counterparts, each of which shall be deemed an original but all of which when taken together shall constitute one and the same instrument. 16. Term: This agreement shall become effective when signed by all parties and will remain in effect for 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 ag~eement 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 effective date, term inate 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 Services Agency (HHSA), supports the Live Well San Diego vision of Building Better Health, Living Safely, and Thriving. 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 County government to help all residents be healthy, safe, and thriving. All HHSA partners and contractors, to the extent feasible, are expected to advance this vision. Building Better Health focuses on improving the health of residents and supporting healthy choices. Living Safely seeks to ensure residents are protected from crime and abuse, neighborhoods are safe, and communities are resilient to disasters and emergencies. Thriving focuses on promoting a reg ion in which residents can enjoy the highest quality of life. Information about Live Well San Diego can be found on its website dedicated to the vision: 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 a better service delivery system. All programs operated and supported by HHSA shall be part of a Trauma-Informed System, which includes providing trauma-informed services and maintaining a trauma-informed workforce. It is an approach for engaging individuals -staff, clients, partners, and the community -and recognizing that trauma and chronic stress influence coping strategies and behavior. Trauma-informed systems and services minimize the risk of re-traumatizing individuals and/or families, and promote safety, self-care, and resiliency. 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 the development and review of policies and procedures). • Demonstrating trustworthiness and transparency. MOA 9912 -Veteran Affairs Supportive Housing PBVs in Carlsbad HACSD and Carlsbad Housing Authority (CHA) Page 4 of 6 January 2025 ril :i:t\ COUNTY OF SAN DIEGO ~I ,;;;, Health and Human Services Agency ~& - • 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 /e'ft blank. MOA 9912 -Veteran Affairs Supportive Housing PBVs in Carlsbad HACSD and Carlsbad Housing Authority (CHA) Page 5 of 6 January 2025 COUNTY OF SAN DIEGO ~ Health and Human Services Agency J Dated: ___________ _ Dated : ------------ County of San Diego By: By : KIMBERLY GIARDINA, DSW, MSW Deputy Chief Administrative Officer Health and Human Services Agency DAVID ESTRELLA, Deputy Director Housing Authority of the County of San Diego Carlsbad Housing Authority By: KEITH BLACKBURN, Chair Carlsbad Housing Authority MOA 9912 -Veteran Affairs Supportive Housing PBVs in Carlsbad HACSD and Carlsbad Housing Authority (CHA) Page 6 of 6 January 2025