RESOLUTION NO. 2023-047
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT
AGREEMENT AND RELATED DOCUMENTS ON BEHALF OF THE CITY TO RECEIVE $2,000,000 FROM THE COUNTY OF SAN DIEGO'S CAPITAL
EMERGENCY HOUSING SOLUTIONS GRANT PROGRAM
WHEREAS, on May 22, 2022, the Board of Supervisors ("Board") of the County of San Diego ("County") voted to create the Capital Emergency Housing Solutions Grant Program ("Program") as part of the Board's ongoing efforts to address the problem of homelessness throughout San Diego County; and
WHEREAS, the Program seeks to make up to $10 million available to cities to spur the creation of shelters, safe parking lots, and other urgently needed housing solutions; and WHEREAS, under the Program, funds can only be used for property acquisition and facilities development, but may not be used for ongoing shelter operating expenses or indirect costs; and WHEREAS, the City of Carlsbad ("city") submitted an application and certifications as well as additional supporting documents (collectively, the "Application") for funding to support the expansion of La Posada de Guadalupe homeless shelter; and
WHEREAS, the County of San Diego sent the city a Notice of Intent of Award for $2,000,000 of Capital Emergency Housing Grant Program Grant funds for expansion of La Posada; and WHEREAS, funding allocations under the Program are subject to the terms and conditions contained in the agreement that the County requires Program grant recipients to execute (the "Agreement"); and
WHEREAS, the city will be responsible to the County to ensure that all Program requirements are met, including that the Project will be implemented consistent with principles of Housing First enumerated in California Welfare and Institutions Code section 8255, and that the city undertakes this responsibility to the County even if the city provides Program grant funding to a third party for a housing solution.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. The city accepts the Program grant funding for use on the project specified in the Application and that City Manager, or designee is authorized to execute and deliver the Capital Emergency Housing Grant Program Grant Agreement between the County of San Diego and the City of Carlsbad (Attachment A) in a total amount not to exceed $2,000,000, and all other documents required or deemed necessary or appropriate to secure the Program funds from the County and to participate in the Program, and all amendments thereto (collectively, the "Program Documents").
3. The city warrants and represents to the County that all statements contained in the Application, including but not limited to those in any other documents required by the County, are true and correct, and that the city will abide by all certifications made in the Application as well as all provisions of the Agreement.
4. Any and all activities, expenditures, information, and timelines represented in the Application are enforceable through the Agreement. Funds are to be used for the allowable expenditures and activities identified in the Application and Agreement and will solely be used to support the Project.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 7th day of Febbryry, 2023, by the following vote, to wit:
AYES:
NAYS:
ABSTAIN:
ABSENT:
Blackburn, Bhat-Patel, Acosta, Burkholder.
None.
None.
None.
� SHERRY FREISINGER, City Clerk
{SEAL)
CAPITAL EMERGENCY HOUSING GRANT PROGRAM
GRANT AGREEMENT BETWEEN
THE COUNTY OF SAN DIEGO AND
THE CITY OF CARLSBAD
Attachment A
This Grant Agreement is entered into between the County of San Diego, a political subdivision of the State of California (County), and the City of Carlsbad (Grantee) with an effective date of X/XX/20XX.
WHEREAS on May 24, 2022, the San Diego County Board of Supervisors approved a$10 million dollar Capital Emergency Housing Solutions Grant Program to support the creation of new capital emergency housing solutions within the 18 incorporated cities; and,
WHEREAS, pursuant to Board of Supervisors, the purpose of this program is to provide one-time capital funds to city jurisdictions to address immediate emergency housing solutions; and, WHEREAS, the County funds this program primarily with the General Funds; and; WHEREAS, in August 2022, the County awarded Grantee funding to address emergency housing solutions and ending homelessness; and,
WHEREAS, on DATE the County allocated the grant funding set forth in this Agreement for the purpose described in this Agreement.
NOW, THEREFORE, the parties agree as follows:
1. Amount of Grant. The County agrees to pay Grantee the amount of$2,000,000 for the La Posada de Guadalupe Expansion Capital Project. Under no circumstances is County obligated to pay Grantee more than this amount. County shall pay Grantee after County receives a signed copy of this Agreement from Grantee.
2. Purpose of Grant. Grantee shall use the grant funds provided by County under this Agreement solely to provide emergency housing solutions to address homelessness through the Capital Emergency Housing Solutions Grant Program as described in their proposal as listed in Exhibit A.
3. Term of Agreement. The term of this Agreement shall be for 24 months starting on the effective date as specified above.
4. Time Period for Use of Grant Funds and Documentation of Expenditures. (a) Grantee shall spend all grant funds provided by the County for the purposes specified in Paragraph 2 within 24 months of the effective date of this Agreement as specified above. (b) Grantee shall complete the Documentation of Grant Expenditures Form provided by the County's administrator, setting forth Grantee's total actual expenditures of the grant funds provided under this Agreement.
(c) Grantee shall submit the completed grant Documentation of Grant Expenditures Form and the related documentation including, but not limited to, invoices/receipts, credit card statements, check stubs, check copies, copy of canceled checks, copy of bank statements, etc. to the County's administrator promptly after spending the grant funds, but in no event after the end of the Term of Agreement specified above.
(i) lfthe parties agree to extend the Term of Agreement, Grantee shall submit this expenditure documentation by the end of the extended tern,. (d) If County's administrator requests additional information regarding Grantee's expenditure of the grant funds, Grantee shall promptly submit the requested information to County's Contracting Officer Representative (administrator).
Grant Agreement - Capital Projects Page I of7
CAPITAL EMERGENCY HOUSING GRANT PROGRAM
GRANT AGREEMENT BETWEEN
THE COUNTY OF SAN DIEGO AND
THE CITY OF CARLSBAD
(e) Grantee shall retain copies of all receipts, invoices, cash register tapes and other direct evidence of the expenditure of funds for which grant funds are used for the duration of the audit period specified in Paragraph 8.
(f) If after reviewing Grantee's expenditure documentation, the County's administrator:
(i) Determines that the Grantee failed to spend all of the grant funds; (ii) Disallows any expenditure by Grantee;
(iii) Determines that the grant funds provided exceed Grantee's totaJ actual expenditures authorized under this Agreement; or
(iv) Grant funds were used in a manner contrary to Paragraphs 2 or 5, Grantee shall refund to the County the amount specified by the County's administrator. (v) Grantee shall make this refund within seven (7) County business days after receiving a written request for refund from the County's administrator. In its sole discretion, the County may offset the refund amount from any payment due to or to become due to Grantee under this Agreement or any other agreement with the County. (g) If Grantee fails to provide the required documentation of expenditures as required in Subparagraph (b) and (c) above, the County's administrator may request Grantee to refund to the County all or any portion of the grant funds provided under this Agreement. Within seven (7) County business days ofreceipt of a written request for a refund, Grantee shall refund to the County the amount specified by the County's administrator. (h) If Grantee incurs expenses before the County pays the grant under this Agreement, the County will reimburse Grantee in an amount not to exceed the amount specified in Paragraph l upon submission of documentation to County's administrator setting forth Grantee's actual expenditures for the purpose specified in Paragraph 2 and approval of the documentation by County's administrator.
5. Restrictions on use of grant funds.
(a) Grant funds shall not be used for any purpose prohibited by laws governing the use of public funds including, but not limited to, religious purposes, political campaigning, or purely private purposes or activities.
(i) If Grantee provides or participates in any activity for which public funds may not be used, such as religious activities, Grantee shall inform the County of this activity before accepting any grant funds. Grantee shall ensure that no grant funds awarded pursuant to the Agreement are used to support in any manner said activity. (b) Grantee shall only spend grant funds on expenses deemed eligible under the capital projects intent and all grants, regardless of funding source, must be spent for the purposes allowed under Section 2.
(c) Grantee shall not use grant funds for any authorized expenditure if it is reimbursed from another source, including, but not limited to, insurance proceeds, or any other state, federal or local program.
(d) Grantee shall not donate any grant funds to a third party. ( e) Grantee may not include in its Documentation of Grant Expenditures report under this Agreement any expenditures for which Grantee has received or is or will be claiming funding from any other source.
Grant Agreement - Capital Projects Page 2 of7
CAPITAL EMERGENCY HOUSING GRANT PROGRAM
GRANT AGREEMENT BETWEEN
THE COU TY OF SAN DIEGO AND
THE CITY OF CARLSBAD
(f) Grantee shall not assign or transfer any interest in this Agreement (whether by assignment or novation), without the prior written consent of the County. (g) Grantee shall comply with all terms and conditions as listed in this contract. (h) Grantee's failure to comply with any provision in Paragraph 5 shall constitute a material breach of this Agreement.
6. Administrator of Agreement. The County of San Diego, Health and Human Services Agency, Department of Homeless Solutions and Equitable Communities shall administer this Agreement on behalf of the County, and City of Carlsbad shall administer it on behalfof Grantee. County and Grantee may from time to time designate a different administrator by providing notice in the manner required by Paragraph 7.
7. Notice. All communications from Grantee to the County shall be sent to the contact(s) as listed below. Any notice or notices or other documentation required or permitted to be given pursuant to this Agreement may be personally served on the other party by the party giving such notice, or may be served by certified mail, postage prepaid, return receipt requested, to the following addresses:
County:
Grantee:
Barbara Jimenez
Community Operations Officer
Health and Human Services Agency
1255 Imperial Ave, Suite 864
San Diego, CA 9210 I
(619) 338-2722
Barbara .. Jimenez@sdcounty .. ca.gov
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, Ca. 92008
otices that are personally served shall be deemed delivered on the date served. Notices sent by certified mail shall be deemed delivered five (5) County business days after mailing. County and Grantee may from time to time designate a new address for providing notice by providing notice of the new address in accordance with this Paragraph.
8. Audit and Inspection of Records. At any time during normal business hours and as often as the County may deem necessary, the Grantee shall make available, within five (5) County business days of the receipt of a request, to the County for examination all of its records with respect to all matters covered by this Agreement and will permit the County to audit, examine and make excerpts or transcripts from such records, and make audits of all invoices, materials, payrolls, records of personnel and other data relating to all matters covered by this Agreement. Unless otherwise specified by the County, said records shall be made available for examination within San Diego County, California.
Grantee shall maintain such records in an accessible location and condition to the later of a period of five (5) years after the termination of this Agreement after all funds have been spent or any remaining funds have been returned unless County agrees in writing to an earlier disposition. The State of California or any Federal agency having an interest in the subject of this Agreement shall have the same rights conferred upon County by this Agreement.
9. Termination of Agreement for Cause. If Grantee fails to perform its obligations according to this Agreement, the County may send Grantee a written notice of default that specifies the nature of the Grant Agreement - Capital Projects Page 3 of7
CAPITAL EMERGENCY HOUSING GRANT PROGRAM
GRANT AGREEMENT BETWEEN
THE COUNTY OF SAN DIEGO AND
THE ClTY OF CARLSBAD
default. Grantee shall cure the default within three (3) County business days following receipt of the notice of default. If Grantee fails to cure the default within that time, the County may terminate this Agreement by giving Grantee written notice of immediate termination. Upon termination, Grantee shall promptly provide County's administrator with Documentation of Grant Expenditures setting forth Grantee's total actual expenditures for the purpose of the grant as of the effective date of termination.
Grantee shall promptly refund to County all funds County paid to Grantee under this Agreement that exceed Grantee's total actual expenditures for the purpose of the grant, as determined by County's administrator, as of the effective date of termination. The County may also seek any and all legal and equitable remedies against Grantee for breaching this Agreement.
10. Termination for Convenience of County. County may terminate this Agreement at any time by giving written notice to Grantee of such termination and specifying the effective date thereof at least 30 days before the effective date of such termination. On or before the date of termination, Grantee shall provide County's administrator with Documentation of Grant Expenditures setting forth Grantee's total actual expenditures for the purpose of the grant as of the effective date of termination. Grantee shal I promptly refund to County all funds County paid to Grantee under this Agreement that exceed Grantee's total actual expenditures for the purpose of the grant, as determined by County's administrator, as of the effective date of termination.
11. Termination for Convenience of Grantee. Grantee may terminate this Agreement at any time by giving written notice to County's administrator of such termination and specifying the effective date thereof at least 60 days before the effective date of such termination. On or before the date of termination, Grantee shall provide County's administrator with Documentation of Grant Expenditures setting forth Grantee's total actual expenditures for the purpose of the grant as of the effective date of termination. Grantee shall promptly refund to County all funds County paid to Grantee under this Agreement that exceed Grantee's total actual expenditure for the purpose of the grant, as determined by County's administrator, as of the effective date of termination.
12. Interest of Grantee. Grantee covenants that Grantee presently has no interest, including, but not limited to, other projects or independent contracts, and shall not acquire any such interest, direct or indirect, which would conflict in any manner or degree with Grantee's completing the purpose of the grant as specified in Paragraph 2. Grantee further covenants that in the performance of this Agreement, no person having any such interest shall be employed or retained by Grantee.
13. Publication, Reproduction and Use of Material. No material produced, in whole or in part, under this Agreement shall be subject to copyright in the United States or in any other Country. The County shall have unrestricted authority to publish, disclose, distribute, and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement.
14. lnsurance. Grantee shall obtain at its own cost and expense and keep in force and effect during the term of this Agreement, 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 Grantee, its agents, representatives, employees, volunteers or subcontractors hereunder. Minimum policy limits maintained by Grantee shall in no way limit the indemnification obligations to the County.
15. Independent Capacity. In the performance of this Agreement, Grantee and its agents, employees and volunteers shall act in an independent capacity and not as officers, employees, agents or volunteers of the County. This Agreement does not create an employment relationship between Grantee and the County.
16. Equal Opportunity. Grantee will not discriminate against any employee, or against any applicant for such employment because of age, race, color, religion, physical handicap, ancestry, sex, or national origin, or any other protected class as defined by Federal or State law. This provision shall include, but Grant Agreement - Capital Projects Page 4 of7
CAPITAL EMERGENCY HOUSING GRANT PROGRAM
GRANT AGREEMENT BETWEEN
THE COUNTY OF SAN DIEGO AND
THE CITY OF CARLSBAD
not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or tennination; rates of pay or other fonns of compensation; and selection for training, including apprenticeship.
17. Defense and Indemnity. To the fullest extent pennitted by law, County shall not be liable for, and Grantee shall defend and indemnify County and its officers, agents, employees and volunteers (collectively, "County Parties") against any and all claims, deductibles, self-insured retention's, demands, liability, judgments, awards, fines, mechanics' liens or other liens, labor disputes, losses, damages, expenses, charges or costs of any kind or character, including attorneys' fees and court costs (collectively, "Claims"), which arise out of or are in any way connected to County's provision of grant funds and/or Grantee's use of grant funds under this Agreement arising either directly or indirectly from any act, error, omission or negligence of Grantee or its officers, employees, volunteers, agents, contractors, licensees or servants, including without limitation, Claims caused by the sole passive negligent act or the concurrent negligent act, error or omission, whether active or passive, of County Parties. Grantee shall have no obligation, however, to defend or indemnify County Parties from a Claim if it is determined by a court of competent jurisdiction that such Claim was caused by the sole active negligent act or willful misconduct of County Parties.
18. Governing Law. This Agreement shall be construed and interpreted according to the laws of the State of California.
19. Complete Agreement. This Agreement constitutes the entire agreement between Grantee and County regarding the subject matter contained herein. All other representations, oral or written, are superseded by this Agreement. Neither party is relying on any representation outside of this Agreement. This Agreement may be changed only by written amendment signed by both parties.
20. Waiver. The failure of either party to enforce any term, covenant or condition of this Agreement shall not be construed as a waiver of that party's right to subsequently enforce this, or any other term, covenant or condition of this Agreement. No waiver shall be deemed effective unless the waiver is expressly stated in writing and signed by the party waiving the right or benefit.
21. Consultation with Counsel. Each party has had the opportunity to consult with independent legal counsel of its own choosing before executing this Agreement and has executed this Agreement without fraud, duress, or undue influence of any kind.
22. Interpretation. The provisions of this Agreement shall be liberally construed to effectuate its purpose. The language of all parts of this Agreement shall be construed simply according to its plain meaning and shall not be construed for or against either party.
23. Corporation Qualified to Do Business in California. lf Grantee is a corporation, Grantee warrants that it is a corporation in good standing and is currently authorized to do business in California.
24. Terms and Conditions Survive Expiration of Term of Agreement. Unless otherwise specified herein, all terms and conditions of this Agreement shall survive the expiration of the Term of Agreement specified in Paragraph 3 above.
25. Remedies. Unless otherwise expressly provided herein, the rights and remedies in this Agreement are in addition to, and not a limitation on, other rights and remedies under this Agreement, at law or in equity, and exercise of one right or remedy shall not be deemed a waiver of any other right or remedy.
26. Prevailing Wage. Unless exempted by applicable law (e.g., Labor Code§ 1720.4), projects using over $1,000 of grant funds for construction, alteration, demolition, installation, repair, refuse and ready mix concrete hauling, maintenance work, or any other work for which prevailing wages must be paid by Labor Code§ l 720 et seq. shall be deemed a "public work" for State prevailing wage purposes. It Grant Agreement - Capital Projects Page 5 of7
CAPITAL EMERGE CY HOUSING GRANT PROGRAM
GRANT AGREEMENT BETWEEN
THE COUNTY OF SAN DIEGO AND
THE CITY OF CARLSBAD
is not the intent of this Agreement to impose an obligation to pay prevailing wages on work otherwise exempt from the prevailing wage laws. Grantee shall be solely responsible for ensuring prevailing wages are paid when owed.
Projects subject to the payment of State prevailing wages are subject to compliance monitoring and enforcement by the Department of Industrial Relations. Grantee shall be responsible for ensuring all required job site postings and all certified payroll and other reporting applicable to it as an awarding body are completed in accordance with the State's prevailing wage regulations. Information regarding the State's prevailing wage requirements can be obtained fi-om the Director, Department oflndustrial Relations at www.dir.ca.gov, Labor Code§ 1720, et seq., and 8 Cal. Code of Regs. § 16000, et seq.
27. Counter·parts and Electronic Signatures. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the san1e instrument. This Agreement may be executed using electronic or digital signatures in accordance with California law, which signatures shall be deemed an original.
Intentionally left blank
WHEREFORE, the parties execute this Agreement on the date first written above.
COUNTY OF SAN DIEGO
By:-----------
NTCK MACCHIONE, FACHE
Agency Director
County of San Diego
Health and Human Services Agency
[Note: Person signing on behalf of Grantee must be
authorized by the city jurisdiction sign this Agreement (i.e., City Manager, or person that is able to legally
bind a city into a contract).]
Grant Agreement - Capital Projects Page 6 of7
COUNTY OF SAN DIEGO
CAPITAL EMERGENCY HOUSING SOLUTIONS GRANT PROGRAM
APPLICATION
APPLICATION -ALL FIELDS MUST BE COMPLETED AS APPLICABLE SECTION 1-APPLICATION COVER PAGE, CERTIFICATIONS AND SIGNATURE Submit this Completed Form as the Cover Page of Your Application
DESCRIPTION
Capital Emergency Housing Solutions Grant Program, County of San Diego
JURISDICTION INFORMATION (TO BE COMPLETED BY JURISDICTION) Please Type or Print Clearly
JURISDICTION INFORMATION REPRESENTATIVE AUTHORIZED TO SIGN OFFER
City of Carlsbad Amanda Mil ls
Jurisdiction Name Authorized Representative Name
Director of Housing and Homeless Services
1200 Carlsbad Village Dr. Carlsbad, CA
92008 Authorized Representative Title
[email protected]
Address Authorized Representative Email Address
(442)339-2810 ( 442)339-2907
Telephone Number Authorized Representative Telephone Number www.carslbadca.gov
1200 Carlsbad Village Dr. Carlsbad, CA 92008
Website Address
(760)434-7287
Fax Number (optional) Mailing Address
Federal Tax identification Number (TIN): AUTHORIZED POINT OF CONTACT (POC) (if different from Authorized Representative)
95-6004793 Chris Shilling
POCName
Senior Program Manager
POC Title
[email protected]
POC Email Address
( 442)339-2284
POC Telephone Number
Communications to Jurisdiction regarding this
Application will be sent to the POC. Tf no 3096 Harding St. Carlsbad, CA 92008 POC is provided, such communications will
be sent to the Authorized Representative.
COUNTY OF SAN DIEGO
CAPITAL EMERGENCY HOUSING SOLUTIONS GRANT PROGRAM
APPLICATION
JPOC Mailing Address
CERTIFICATIONS AND SIGNATURE
The undersigned certifies as follows:
1. The undersigned has the authority to execute the application and these certifications on behalf of the applicant city.
2. The undersigned and the applicant city represent as follows as a condition of potentially receiving government funds through the application:
2.1. The city is responsible for ensuring that it and any entity it provides money to from the grant comply with all grant-required terms and conditions.
2.2. The city will ensure that any recipients of grant funding have all appropriate licenses and experience to perform work under the grant.
2.3. The city will ensure that any project receiving grant money complies with all principles of Housing First in California Welfare and Institutions Code section 8255.
2.4. The city will ensure that all facets of any project funded with grant money complies with all applicable fair housing and disability accessibility laws and regulations and will be operated so as to affirmatively further fair housing.
2.5. The city will be responsible for refunding to the County any funds not expended on the project for which the city has applied, or which were deemed by the County to have been used improperly either by the city or by any other party.
2.6. The city will ensure that none of its personnel involved in any decisions related to the project or the application have any conflict of interest under any Federal, State, or local law, and that the personnel of any entity with which the city works on the project do not violate any such Federal, State, and local conflict of interest laws.
The undersigned and the city represent, and for the duration of the grant continue to represent, that each of the above certifications are and will continue to be true.
I 0/11/22
Authorized Representative Signature Date
COUNTY OF SAN DIEGO
CAPITAL EMERGENCY HOUSING SOLUTIONS GRANT PROGRAM
APPLICATION
SECTION 2 - PROJECT OVERVIEW (15 page maximum)
2.1 Title of Project (List title of the project.)
La Posada de Guadalupe Expansion
2.2 Project Location (List the location of the project, including address and assessor parcel number(s).) 2476/2478 lmpala Dr, Carlsbad, CA 92010 APN: 2090412800
2.3 Owner of Project Site (List who the owner is of the underlying property at the project site.) Catholic Charities Diocese of San Diego
2.4 Name of person or entity responsible for project site maintenance (List the name of the person or persons or entity responsible for project site maintenance. Attach copy of maintenance agreements or commitment letters, if applicable.)
Catholic Charities Diocese of San Diego
2.5 Total Amount Requested (List the total amount requested.) $2 Million
2.6 Project Description (Describe the project that this grant will support.) The Catholic Charities Diocese of San Diego operates the La Posada de Guadalupe homeless shelter in the City of Carlsbad. La Posada provides emergency shelter services to single men experiencing homelessness. The City of Carlsbad has been a cooperative partner with Catholic Charities for many years, helping to identify a location for the shelter, providing funding for the development and expansion of the shelter, and providing ongoing support of operational costs.
There is a desire from both Catholic Charities and the City of Carlsbad to expand the capacity of the shelter to serve more individuals experiencing homelessness, including space for women and children.
At the Carlsbad City Council meeting on 09/28/2021, the City Council directed staff to look at options for a potential expansion. The City of Carlsbad also granted $58,000 in Community Development Block Grant (CDBG) funding to Catholic Charities to pay for architectural and engineering costs to examine the feasibility of expanding the footprint of the shelter building to include a second story. City staff have also worked with Catholic Charities on a potential amendment to their Conditional Use Permit (CUP) to increase the bed capacity at the shelter.
To best serve the population experiencing homelessness, Carlsbad has supported La Posada's transition to a housing-focused low barrier shelter. Low barrier refers to the best practice of reducing barriers to entry. Catholic Charities changed their intake and operating policies in 2019 to reduce barriers, but they recognized that to better operate as a low ban-ier shelter and serve more individuals, they need additional staff with clinical expertise and additional staff training. As a result, on 05/04/2021 the
COUNTY OF SAN DIEGO
CAPITAL EMERGENCY HOUSING SOLUTIONS GRANT PROGRAM
APPLICATION
Carlsbad City Council authorized $180,000 per year in funding for three years as a part of their Homelessness Goal Work Plan to enhance clinical services at the shelter. Within the funding allocation, the Carlsbad City Council also included a task to contract with a third-party consultant to provide training and technical assistance to increase the shelter's capacity to operate as a housing-focused low barrier shelter. The internationally recognized homelessness services consulting firm OrgCode Consulting was selected through a competitive Request for Proposal process. OrgCode Consulting's Scope of Work includes assessing current shelter operations, designing and providing customized training and technical assistance based on the assessment results, and developing an operational framework for shelter expansion.
Adding a second floor to the shelter would allow the shelter to be expanded by 35-50 non-congregate beds for women and families. The shelter will provide supportive services for these households with a focus on assisting them with moving into permanent housing destinations. Additionally, the shelter will provide diversion services to divert families from the shelter whenever possible. Each family entering the shelter wil I work with case management to develop a housing plan which starts on the day after intake. Staff will work with clients to implement this housing plan so that more than 70% of shelter clients exit the shelter to a permanent housing destination. The operations, metrics and supportive services will align with best practices and CoC standards for emergency shelter.
2. 7 Purpose of County Grant (Describe how the grant funding will be used, ensuring County funds are only used for one-time, capital expenses related to emergency homelessness solutions.) County capital funds will be used for the capital related expenses associated with adding a second story onto La Posada de Guadalupe to increase the shelter's square footage and overall bed capacity. Funding will be used for materials, labor, project management, fees and permits, and insurance. The budget also includes a contingency fund to ensure the project can move forward if prices increase beyond what is currently projected. The contingency fund is not allocated to the County's funding award. County funding will constitute approximately 47% of the total estimated capital expense budget. The city and Catholic Charities Dioceses of San Diego will leverage other sources for the remaining 53%.
All County of San Diego funding will be expended within 24 months of distribution. A timeline for the expenditure of county funding is included in Section 4.
2.8 Sustainable Operations Describe how the resulting emergency shelter solution can be sustained for a minimum of two (2) years.)
As the operator, Catholic Charities Diocese of San Diego will continue to identify and apply for ongoing funding through the City, County, State, private sources and other local jurisdictions to maintain long tenn operations. Catholic Charities Diocese of San Diego receives annual support from the City of Carlsbad and other neighboring jurisdictions, often through CDBG funding. Local jurisdictions also contribute to the Alliance for Regional Solutions (ARS), which pools resources from North County jurisdictions for North County shelter support. La Posada de Guadalupe receives $247,500 from ARS annually. Catholic Charities also receives significant private funding through donations and support of the member congregations of the Catholic Charities Diocese of San Diego.
COUNTY OF SAN DIEGO
CAPITAL EMERGENCY HOUSING SOLUTIONS GRANT PROGRAM
APPLICATION
The City of Carlsbad provides $14,000 from CDBG funding and $25,000 of local support to ARS for La Posada. The City of Carlsbad currently funds a portion of the operations at the shelter and recently increased our funding amount to increase the clinical capacity at the shelter ($180,000/year.) As mentioned above, the City of Carlsbad contracted with OrgCode Consulting to review and recommend an operational framework for shelter expansion.
The annual operating budget for the expanded shelter beds is expected to be $522,300 per year. As explained in Section 5.2 below, it is estimated that City of Carlsbad funding of $85,000 will support this expanded annual amount. Additionally, the city is in the process of obtaining non-competitive PLHA funding from the State of California and City staff intends to ask the City Council to allocate a portion of this funding to the expanded operating costs of the shelter. The City of Carlsbad also allocates CDBG funding to La Posada and staff will be considering an increase in the annual award amount to account for the increased beds. Catholic Charities also has a number of interested supporters, including the Alliance for Regional Solutions, local parishes, and a number of catholic schools (including the University of San Diego). The City of Carlsbad and Catholic Charities have already received significant support for the expansion of La Posada. Catholic Charities has been able to keep La Posada operational for 31 years with little public assistance. As indicated in the attached Supplemental Letter of Support Catholic Charities has committed to operate the expanded La Posada facility for a minimum of two years after construction. The City of Carlsbad and Catholic Charities Diocese of San _Diego are committed to the success of this shelter expansion and will ensure that operations of these expanded shelter beds can be sustained for a minimum of two years, with the intention that they remain indefinitely.
2.9 Project Partners (List any project partners, including their role and any agreements including subcontractors.)
The City of Carlsbad and Catholic Charities Diocese of San Diego have been partners for over 30 years on the La Posada de Guadalupe Shelter. The city supported the purchase of the property with CDBG funds in 1997 and supported the last expansion in 2013. Both the City of Carlsbad and Catholic Charities desire to expand the shelter to serve additional households including women and children.
Attached is a letter of support from Catholic Charities Diocese of San Diego.
Once the City of Carlsbad receives a Notice of Intent to Award from the County of San Diego, city staff will take forward a Resolution to the Carlsbad City Council within 60-90 days (depending on the meeting schedule) that would 1) accept County funds to apply to La Posada, 2) authorize the City Manager to enter into an Agreement with the County of San Diego, and 3) approve a Partnership Agreement or Memorandum of Understanding between the City of Carlsbad and Catholic Charities to define project roles, funding and obligations. Catholic Charities has committed to entering into an agreement with the city as documented in the attached Supplemental Letter of Support.
2.10 Site Readiness (Documentation of site control and necessary permits and approvals will be requested prior to final grant approval.)
2.10.1 Does jurisdiction have evidence of site control? lf yes, indicate which of the following applies.
COUNTY OF SAN DIEGO
CAPITAL EMERGENCY HOUSING SOLUTIONS GRANT PROGRAM
APPLICATION
IZI Clear title with no encumbrances or limitations that would preclude the proposed use □ An existing long-term lease with the proposed Project being an allowed use and provisions to make improvements on the property
□ A leasehold estate held by a tribal entity in federal tribal trust lands property, or a valid sublease thereof that has been or will be approved by the Bureau oflndian Affairs □ A fully executed option to purchase, sales contract, or other enforceable agreement to acquire the property
□ A Letter of Intent (LOI) that out] ines the terms of a sale or lease contract, providing that a fully executed option to purchase or sales contract will be executed within 60 days. □ Evidence that a preliminary review of zoning, permitting, environmental, and other necessary site due diligence has been performed and that no findings in the initial review will preclude this use.
2.10.2 If jurisdiction does not have evidence of site control, please describe the plan and timeline for obtaining site control and provide supporting evidence and a Memorandum of Understanding or partnership agreement between site owner/jurisdiction.
The location currently operates as an emergency shelter and is owned by Catholic Charities Diocese of San Diego. The site will continue to be owned and operated by Catholic Charities Diocese of San Diego. Attached is documentation of Catholic Charities' site control including the official deed from the County of San Diego Recorder's Office and the current property tax bill from 2022-2023.
When the City of Carlsbad receives a Notice oflntent to Award from the County of San Diego, city staff will enter into a Partnership Agreement or Memorandum of Understanding between the City of Carlsbad and Catholic Charities to define project roles, funding, and obligations. Catholic Charities has committed to entering into an agreement with the city as documented in the attached Supplemental Letter of Support.
2.10.3 Confirm that the proposed project complies with applicable zoning for the project site. If not, list all approvals that will be required to operationalize the project, including formal actions by your city council or outside agencies, and describe the strategy for obtaining them. In your response, provide a detailed timeline for acquiring all approvals and permits.
The site is currently zoned to allow emergency shelter.
2.10.4 CEQA Readiness (What is the status of the project regarding the California Environmental Quality Act (CEQA)? What actions, if any, including formal actions by your city council or outside agencies, are needed related to CEQA and what are the associated timelines?) The goal of the project is to operate as a low barrier navigation center which would be exempt from CEQA requirements.
COUNTY OF SAN DIEGO
CAPITAL EMERGENCY HOUSING SOLUTIONS GRANT PROGRAM
APPLICATION
.11 Community Readiness (Describe community engagement that has been completed related to the roject to ensure community readiness. Tf none has been completed to date, please describe plans for ommunity engagement and include timeline of planned actions.) he La Posada de Guadalupe shelter is well supported and accepted by the local community. The area it perates in is zoned to allow for emergency shelter. ft is not in a community where there is housing. The City of Carlsbad has a robust Communications Department with multiple email lists, media contacts, and social media sites to keep the community apprised of expansion efforts. These strategies will be used as more information becomes available about expansion progress so that the community remains informed. he Carlsbad City Council has also been very supportive of a shelter expansion and included La Posada e Guadalupe expansion as an item in their Homelessness Goal Work Plan. The document approved by he City Council on 12/7/2021 is included as Attachment A to Exhibit l and can be accessed here. he City of Carlsbad currently has an email list of individuals who want to be informed of any actions related to homelessness. Any news or action related to the expansion of La Posada would be sent to that list as well as the list interested in general City of Carlsbad news. The community and interested takeholders would be notified of a City Council discussion related to accepting any award of funding nd to commit local funding (60-90 days from Notice of Intent to Award).
Catholic Charities also has a number of interested supporters including other homeless services providers, local parishes, and a number of catholic schools, including the University of San Diego. The City of Carlsbad and Catholic Charities have already received significant support for the expansion of La Posada.
Below is a timeline for the cities' community engagement communications plan:
otice of Award: Upon notice of award the City of Carlsbad will issue a press release and distribute an mail newsletter to inform the community of the award. The news will also be shared through the city's social media.
0-90 Days: 60-90 days after the notice of award staff will present at a City Council meeting to request he acceptance of funding and approval of agreements with the County of San Diego and Catholic harities Diocese of San Diego. This will provide an opportunity for the community to share their omments with the City Council. The staff report will be posted on the city's website and the meeting information will be shared through the city's email distribution lists and social media.
Months- Through 6 months the city will continue to communicate through the city's website, email newsletters, and social media accounts. City staff will also report out on the progress at the semi-annual City Council homelessness update which takes place at a public City Council meeting. 12 Months- Through 12 months the city will continue to communicate through the city's website, mail newsletters, and social media accounts. City staff will also report out on the progress at the nnual City Council homelessness update which takes place at a public City Council meeting.
COUNTY OF SAN DIEGO
CAPITAL EMERGENCY HOUSING SOLUTIONS GRANT PROGRAM
APPLICATION
18 Months- Through 18 months the city will continue to communicate through the city's website, email newsletters, and social media accounts. City staff will also report out on the progress at the semi-annual City Council homelessness update which takes place at a public City Council meeting. 24-30 Months- Through 24-30 months the city will continue to communicate through the city's website, email newsletters, and social media accounts. City staff will also report out on the progress at the annual City Council homelessness update which takes place at a public City Council meeting. A ribbon cutting ceremony will be held when the shelter construction is completed.
SECTION 3 - RESPONSE TO IDENTIFIED NEED (10 oue maximum) Provide a narrative response detailing the demonstrated needs in the jurisdiction for homelessness solutions and how this project addresses those needs. Data related to Point in Time Count, Healthy Places Index, or other data demonstrating jurisdictional need, as well as estimates of who will be served by this project should be included to evaluate the level ofresponse to the identified need.
According to the 2022 Point-fn-Time Count, the North County Region of San Diego County has 17% of the homeless population, and 19% of the unsheltered population, with the Coastal Region experiencing an almost 17% increase in people experiencing homelessness. The count identified a minimum of 1,442 individuals experiencing homelessness in North County on a single night. Despite these numbers, North County lacks adequate housing and shelter resources to address this need. According to the 07/1/2021 - 06/30/2022 Alliance for Regional Solutions Shelter Report, there are only 167 shelter beds in North County. Additionally, 68 of these beds are considered high barrier requiring drug testing and other barriers to entry. 26 are only available in the winter through a church shelter network. This leaves only 99 low barrier year-round beds for 1,442 people, with 50 of these 99 beds restricted to single males.
The La Posada de Guadalupe Expansion will provide an additional 35-50 non-congregate low barrier beds to serve women and families. This is capacity that is desperately needed in the North County. With an average length of stay of 90-120 days, the expanded shelter will serve a minimum of 105 people per year.
SECTION 4 - TIMELINE
Include a time line with key dates leading to operationalization of the project.
Notification of capital fund award.
Timeline Task County Expenditure
Estimates
Months 1-3 City Council acceptance offunding & Not Applicable MOA with Catholic Charities
Months 4-6 Architectural & Engineering Planning $330,000 Months 6-9 Planning Submission & Revisions $50,000
Month 12 Project approval & Building Permit Not Applicable Issuance
COUNTY OF SAN DIEGO
CAPITAL EMERGENCY HOUSING SOLUTIONS GRANT PROGRAM
APPLICATION
Months 12-15 Construction Bid Process & Contract Not Applicable Award
Months 16-24 Construction (Labor & Materials) $1,620,000 (*estimated 75% complete completion of county fund
expenditures)
Months 24-28 Construction Completion Not applicable
Months 28-30 Interior Furnishing, Inspections, Not applicable Certificate of Occupancy, Fully
Operational
SECTION 5- PROJECT BUDGET
5.1 Project Budget Template (Attachment A) (Complete template for project proposed.)
5.2 Project Budget Narrative (Include project budget narrative describing costs submitted in 5.1.) As architectural drawings are not complete, the total project budget is an estimate. We anticipate the total project costs being approximately $4,258,000 million of which the City of Carlsbad has already contributed $58,000. The hard costs include approximately $1,620,000 in labor and $2,000,000 in materials (of which County funding will cover approximately 50%). The estimated soft costs include engineering, environmental, design fees and permits, architecture, project management and insurance.
The estimated total for these costs is $438,000 (of which County funding will cover approximately 43%). The budget includes a $200,000 contingency fund to ensure the project moves forward in the event of any unanticipated cost increases. This funding will be leveraged from other sources and not come from the County funding allocation. In total, the County is being asked to fund approximately 4 7% of the estimated costs.
The annual operations budget for the expanded units at La Posada de Guadalupe totals an estimate of $522,300. This amount includes estimated salary and benefits at $353,000 which would provide operating staff and case management at no more than a l :20 case load. The City of Carlsbad currently supp01ts a portion of the budget with a three-year grant for additional clinicians in the amount of $180,000 per year. This funding could support a portion of the staff needs upon completion. It is anticipated that the current grant funding could be available through December 2025. The project budget reflects a portion of the final contract allocation to support the expanded operational costs. The City of Carlsbad City Council would have to approve continued funding after that. The maintenance and operations budget includes insurance costs, supplies, equipment, utilities, and occupancy costs. The City of Carlsbad also currently supports a portion of the budget with $20,000 per year in training through OrgCode Consulting. Client assistance costs include small items for clients and funding for things like application fees. Indirect costs are estimated at $71,000 per year and include human resources, IT, administration, etc.
SECTION 6 - FINANCIAL INFORMATION
The County is evaluating financial information for the proposing jurisdiction. The jurisdiction is responsible for evaluating financial information to determine the fiscal stability of their proposed project partners.
COUNTY OF SAN DIEGO
CAPITAL EMERGENCY HOUSING SOLUTIONS GRANT PROGRAM
APPLICATION
6.1 Briefly outline the internal fiscal management process the organization will use to monitor and ensure that County funding and other revenues are adequate to meet Project costs.
The City of Carlsbad is a charter city and has a AAA credit rating. It is widely acknowledged for its financial stability and responsible management of resources. The city's Finance Division works to ensure the city's excellent financial health through long range financial planning and budget management, general accounting and reporting, assessment district administration, and purchasing. The city uses fund accounting to ensure compliance with finance related legal requirements. The city has a purchasing policies and procedures manual which outlines the policies and procedures for the expenditure of public funds. Non-public works expenses of less than $1,000 require a purchase order, $1,000 - $35,000 require the approval of the City Manager or designee, $35,001 - $100,000 requires a bidding process be conducted with approval from the City Manager or designee, and greater than $100,000 requires a bidding process with the approval of the City Council.
The City has a number of financial policies that and address budget, capital funding, investment, expenditures, revenues, risk, reserves, etc. Detailed financial management policies are included on pages 7-10 i.n the Annual Comprehensive Financial Report located here. The City utilizes generally accepted accounting principles (GAAP) with the financial reporting requirements prescribed by the Governmental Accounting Standards Board (GASB). The City relies on a comprehensive framework of internal controls to ensure reliability and transparency. An independent auditor's report is located at the front of the financial section of the Annual Comprehensive Financial Report.
In their Supplemental Letter of Suppo1t, Catholic Charities stated they are willing to share financial reports if asked as part of the award process.
6.2 List any associated revenue jurisdiction is leveraging for overall project, indicating if the funding has been committed.
The City of Carlsbad has allocated $58,000 in CDBG funds for architectural evaluation and project feasibility. There is potential for the City of Carlsbad to commit additional funding through CDBG, Housing Trust Fund or Permanent Local Housing Allocation (PLHA) to support this project and this wi I.I be explored as additional funding needs become clear. City staff is taking a funding plan to the City Council in late January 2023 as a part of the City's updated Homelessness Action Plan The City of Carlsbad is committed to the shelter expansion and has demonstrated a long-term commitment to supporting the operations and success of the shelter. The County funding request is for 47% of the total estimated expansion costs.
As mentioned in Section 2.8, the City of Carlsbad currently funds a portion of the operations at the shelter and recently increased our funding amount to increase the clinical capacity at the shelter. The City of Carlsbad currently provides $14,000 from CDBG funding and $25,000 from the Housing Trust Fund to ARS for La Posada annual operations, and most recently added $180,000/year from the general Fund to increase staff capacity, training, and technical assistance which could help with expanded La Posada operations if awarded.
COUNTY OF SAN DIEGO
CAPITAL EMERGENCY HOUSING SOLUTIONS GRANT PROGRAM
APPLICATION
6.3 Submit, as applicable, the most current un-audited financial statements, to include the Statement of Financial Position (Balance Sheet) and the Statement of Activities (Income Statement).
The most current un-audited financial statements are included in the third quarter report that can be accessed here.
6.4 Submit, as applicable, the following information for the last three (3) fiscal years. Annual audit report to include:
• Audited financial statements with the applicable notes. • Independent Auditor's Report on Compliance and Internal Control over Financial Reporting based on an Audit of the Financial Statements in Accordance with Government Accounting Standards.
• Independent Auditor's Statement of Findings and Questioned costs. • Management Letter (if applicable).
If your organization does not have audited financial statements, submit un-audited financial statements for the last three (3) Fiscal Years, to include the Statement of Financial Position (Balance Sheet) and the Statement of Activities (Income Statement).
Audited Comprehensive Financial Reports (ACFRs) are too large to send via email, but the links to each respective report for three years are located below and include the statements, notes, and auditor's reports/opinions:
- Annual Comprehensive Financial Report for Fiscal Year Ending June 30, 2021 (carlsbadca.gov) - Annual Comprehensive Financial Report for the Fiscal Year Ended June 30, 2020 ( ca rlsbadca .gov)
- Annual Comprehensive Financial Report for Fiscal Year ending June 30, 2019 (carlsbadca.gov)
6.5 Provide documentation that the organization has sufficient reserves to maintain the project for sixty (60) days. Documentation may include cash and/or credit reserves.
The Budget Carryforward Staff Report went to City Council on September 27, 2022 (link to report here). Page 8 of the report discusses reserves and the General Fund's estimated ending reserve balance as of June 30, 2022 ($114,548,108). This represents 62% of the General Fund's operating expenditures and 22% or $40.7M in excess of the minimum reserve policy threshold.