Attachment 1 - April 12, 2022 Council Item.pdf — Chula Vista City Council, May 17, 2022

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April 12, 2022

ITEM TITLE
Tenant Protections: Update on Residential Housing Provider and Tenant Discussions and Direct the City Manager or Designee to Enter into an Agreement with CSA San Diego County to Provide Fair Housing and Landlord/Tenant Ombudsman Services

Report Number: 22-0037
Location: No specific geographic location
Department: Development Services
Environmental Notice : The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act (“CEQA”) State Guidelines and Title 24 of the Federal Code of Regulations; therefore, pursuant to State Guidelines Section 15060(c)(3) and Federal Guidelines Part 58.34(a)(2) & (3) no environmental review is required. Notwithstanding the foregoing, the activity qualifies for an Exemption pursuant to Section 15061(b)(3) of CEQA and Part 58.34 (a)(2) & (3) of the National Environmental Policy Act (“NEPA”).

Recommended Action
Adopt a resolution approving an agreement with CSA San Diego County for fair housing and landlord/tenant related services, with a maximum contract period of two years for a not to exceed amount of $80,000.

SUMMARY
With the expiration of California’s COVID -19 related eviction moratorium in September 2021, several tenants’ rights groups began advocating for stronger tenant protections by local governments across the state. In response to reports of tenant harassment an d some evictions within Chula Vista, the Alliance of Californians for Community Empowerment ( “ACCE”) approached the City of Chula Vista requesting consideration of a local ordinance that would be more restrictive than existing State tenant protections, resulting in a City Council referral on September 14, 2021. Throughout the drafting process, staff has asked stakeholders for additional data to better guide the development of the Draft Tenant Protection Ordinance, particularly in addressing those areas that are leaving tenants vulnerable within the City of Chula Vista.

Without more specific data, it is difficult to assess and balance the needs of all parties without potential substantial impacts to smaller landlords and/or City resources. As a result, staff does not have a Draft Tenant P a g e | 2
Protection Ordinance ready for consideration as several key issues have not been worked out between the various stakeholders. At this time, after several months of stakeholder input and discussion, staff believe the next step forward would be to renew and expand upon existing work through CSA San Diego County (“CSA”) to enable additional data collection and outreach services related to fair housing and landlord/tenant ombudsman activities to track trends and tenant needs to inform future policy decisions.

ENVIRONMENTAL REVIEW
The Director of Development Services has reviewed the proposed activity for compliance with CEQA and NEPA. The activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because the proposal consists of a reporting action, is not for a site -specific project(s) and will not result in a direct or indirect physical change in the environmental. Therefore, pursuant to Section 15060(c)(3) of th e State CEQA Guidelines the activity is not subject to CEQA. Under NEPA, the activity is exempt pursuant to Title 24, Part 58.34(a)(2)&(3) of the Code of Federal Regulations and pursuant to the U.S. Department of Housing & Urban Development Environmental Guidelines. Thus, no further environmental review is necessary at this time. Although environmental review is not necessary at this time, once a project(s) has been approved, environmental review will be required and a CEQA/NEPA determination completed prior to initiation of any related project activity.

BOARD/COMMISSION/COMMITTEE RECOMMENDATION
On December 8, 2021, the Housing Advisory Commission (“HAC”) was provided with an introduction to the concept of adopting tenant protections for the City of Chula Vista. On January 31, 2022, the HAC held a second meeting and provided input into a draft “Residential Landlord and Tenant Ordinance” (the “ Draft Ordinance”), resulting in direction for staff to continue working with stakeholders and return to th e Commission.

DISCUSSION
Council Referral Regarding Tenant Protection Provisions During the September 14, 2021 City Council meeting, after several months of public comments regarding the eviction of tenants at two properties within the City of Chula Vista and requests by ACCE, the City Council made a referral to staff to review and address the following key areas of tenant protection law:
• Substantial rehabilitation
• Removal from rental market
• Harassment/Retaliation
• City Remedies & Enforcement
Staff developed a process for addressing the referral as reflected in Exhibit 1 and began due diligence to prepare a Draft Ordinance.

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Exhibit 1
Tenant Protection Referral Timeline

Fact Finding
Rental Housing Stock in Chula Vista
In 2019, o ver 33,000 housing units were tenant occupied, equating to 42% of the city’s housing stock, as shown in Exhibit 2. Nearly half of these (48.5%) were provided in complexes with 10 or more units.

Exhibit 2
Rental Housing in Chula Vista

According to the 2019 U.S. Census Bureau American Community Survey, 48% of the City of Chula Vista’s housing stock was over 40 years of age. In the past five years, according to City building records, less than 70 multi-family market rate properties have undergone substantial rehabilitation (major structural or electrical improvements) which may have required tenants to vacate while work was completed. While it is unknown whether any of these resulted in evictions to tenants, the City of Chula Vista recognizes that the aging housing stock will necessitate additional renovations and substantial rehabilitation in the near future, particularly in the western part of the city.

State Tenant Protections
Housing provider/l andlord and tenant rights around termination of tenancy in the City of Chula Vista currently rely on existing California state laws provided below:

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• The Ellis Act (1985) allows landlords to remove units from the rental market. Requires 120 -day notices for residents or 365-days for elderly and disabled residents in rent control jurisdictions that adopt specified regulations. It also allows local jurisdictions to enact more measures to mitigate the impacts on withdrawal of rental units from the market.
• Civil Code 1942.5 (1988) prohibits retaliatory evictions. • Assembly Bill 1482 (“AB 1482”) California Tenant Protection Act (2019) established Civil Code Section 1946.2 prohibiting evictions without legally defined reasons (“just cause”). It also established Civil Code Section 1947.12 which prohibits increasing rent more than the Consumer Price Index (“CPI”) plus five percent (up to a maximum of ten percent).

In California, over thirty (30) jurisdictions have adopted local ordinances providing tenant protections above and beyond state requirements , approximately nine (9) of which are in non -rent-controlled cities. These ordinances are primarily focused in three areas: 1) Just Cause ordinances defining more specific regulations for sanctioned evictions including dis placement requirements, tenant relocation assistance, and a tenant’s first right of refusal for rental units reintroduced to the market in addition to those specified in Civil Code 1946.2; 2) Additional Ellis Act provisions requiring longer noticing period s and greater relocation assistance; and 3) Anti-Harassment ordinances that further define what can be considered inappropriate retaliation from landlords and specify behaviors that are considered tenant harassment . Local t enant protection ordinances vary widely across the state and can have major financial ramifications for both landlords and tenants. Example ordinances are summarized in a comparison matrix provided as Attachment No. 1.

In February 2022, staff surveyed seven of the jurisdictions that have or are in process of adopting additional protections and are most similar to the City of Chula Vista (size of the jurisdiction and does not have rent control), reference Attachment No. 2 for a full summary. The survey asked these jurisdictions: (1) resources devoted to implementation of the ordinance; (2) the impact to rental units being remodeled or demolished; and (3) impacts to the number of fair housing complaints. Most of these jurisdictions had passed their ordinance within the last year or two, with Glendale’s 2019 ordinance being the oldest. Because of the recent implementation of these ordinances, and their concurrence with AB-1482 and COVID-19 emergency orders, there is not enough available data to fully measure their impacts. Additionally, City of Long Beach recently had their ordinance approved in February 2022. Long Beach’s ordinance was passed a fter a lengthy stakeholder process with their City Council approving an ordinance that closely resembles state laws.

Locally, the City of San Diego has indicated that Council District 9 is currently drafting an ordinance; however, no outreach to stakeholders, citywide staff or the city attorney’s office have yet been involved. No other jurisdictions with the San Diego region reported current efforts on local tenant protections.

Termination of Tenancy and Evictions in the City of Chula Vista Due to the short time frame between adoption of AB-1482 and the institution of COVID-19 pandemic-related eviction moratoriums, the true impacts of AB-1482 are relatively unknown. Tenant advocates are concerned that without additional local protections for known gaps in state law, tenants could remain susceptible to no cause evictions.

According to the City of Chula Vista’s Fair Housing Administrator, CSA, between July 2015 and June 2018, nearly 800 calls from Chula Vista residents were received. Of those, approximately 30% were related to notices to vacate or evictions. Another 8% reported some type of disc rimination, harassment or retaliation P a g e | 5
and 22% on average indicated that they had rental issues that were related to but not limited to rental increases, illegal entry, quiet enjoyment, and property or lease issues, as summarized in Table 1.

Data related to calls from 2019-2021 were not considered in this analysis due to changes in the CSA contract, reporting software and pandemic related issues. During the 2015 -2018 period, on average 264 calls were received annually, which equates to less than 1% of all r enters in the City (264 out of 33,190). While this is not a significant percent of renters, there may be various reasons including landlords/tenants not having rental concerns or tenants not understanding their rights or being aware of the services and res ources available through CSA.

Table 1
CSA San Diego Tenant/Landlord Calls (Fiscal Years 2015-2018)

2015-2016 2016-2017 2017-2018 TOTAL FOR PERIOD
Total Clients Served 260 275 257 792
Call Issue Calls % of total Calls % of total Calls % of total TOTAL/AVERAGE% Discrimination 9 3% 9 3% 6 2% 24/3%
Notice to Vacate 77 30% 76 28% 62 24% 215/27%
Evictions 5 2% 10 4% 12 5% 27/3%
Harassment 6 2% 8 3% 20 8% 34/4%
Retaliation 3 1% 0 0% 1 0% 4/1%
Rental Issues 49 19% 61 22% 67 26% 177/22%
All other Issues 111 43% 111 40% 89 35% 311/39%

Stakeholder Outreach
In addition to the HAC meetings on December 8, 2021, and January 31, 2022, the following groups met with City staff between December 2021 and February 2022 to provide feedback on concepts and the Draft Ordinance:
• Alliance of Californians for Community Empowerment (ACCE) • California Apartment Association (CAA)
• Chula Vista Chamber of Commerce Policy Committee
• Pacific Southwest Association of Realtors (PSAR)
• San Diego Association of Realtors (SDAR)
• Southern California Rental Housing Association (SCRHA) • Western Manufactured Housing Communities Association (WMA)

Attachment No. 3 provides a summary of the stakeholder meetings and input received. The feedback is divided into the following categories:
• Need for a local ordinance;
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• Comments specific to the concepts presented in December 2021; • Alternative means to address tenant protection;
• A Draft Ordinance as presented in early January 2022; • Comments from the Housing Advisory Commission; and
• Comments on a final draft as presented to stakeholders in late February 2022.

Draft Ordinance
The Draft Ordinance created by staff in response to the Council referral under went substantial revisions as the result of stakeholder input and was presented to the HAC on January 31, 2022 , with the intent to be presented to Council in early March. The HAC indicated that they wanted sta ff to continue working with stakeholders to refine the ordinance, look at alternative dispute resolution models, concentrate on affordable housing production and return to the HAC prior to moving forward to Council. As a result of the HAC meeting, a final round of stakeholder meetings was held in late February in which all stakeholders (resident and housing provider representatives) requested that staff hold off on taking the Draft Ordinance forward.

In general, landlords have contended from the beginning of the process that local regulations beyond state law are not necessary because a substantial/pervasive problem has not been identified and we have not yet seen what impacts AB -1486 will have on the rental industry , due to pandemic moratoriums o n evictions.

Resident advocates have contended that without some key elements being included in a local ordinance we are leaving tenants vulnerable to no fault evictions. Attachment No. 4 highlights the remaining key areas of disagreement, comparing curren t state law to the proposed Chula Vista Draft Ordinance and stakeholder recommendations.

Conclusion & Recommendation
Council Referral
Throughout the drafting process, staff has asked stakeholders for additional data to better guide the development of the D raft Ordinance, particularly in addressing those areas that are leaving tenants vulnerable within the City of Chula Vista. Without more specific data, it is difficult to assess and balance the needs of all parties without potential substantial impacts to smaller landlords and/or City resources .

Examples of potential impacts are provided below.
• Type of Units - Tenants have contended that regulations should apply to all housing types. The City does not currently proactively inspect small rentals of 1-2 units; however, Code Enforcement does proactively inspect multi-family dwellings (3 or more units), and hotels/motels through the State of California Health & Safety Code 17961 , in conjunction with the Uniform Building Code, as adopted by the Chula Vista Municipal Code . This requires local jurisdictions to enforce rules and regulations pertaining to the maintenance, sanitation, ventilation, use or occupancy and inspections of such complexes once every three to five years.

If the Draft Ordinance relating to termination of tenancy was to include all housing types, greater staff resources would be needed to educate and enforce the new regulations. However, since staff is already proactively engaged with complexes of 3 or more units, resources would moderately be impacted as staff could more easily engage with owners. The Draft Ordinance currently does not include greater noticing and relocation requirements for 1–2-unit complexes and instead defaults to state law . The Draft Ordinance does include enhanced notice and relocation assistance for complexes of 3 or more units.

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• Substantial Rehabilitation – Stakeholders agree that a clearer definition of substantial rehabilitation would be beneficial for both housing providers and tenants. However, tenants would like provisions that would never allow termination of tenancy on the basis of a substantial rehabilitation and instead allow tenants to return to the property once the rehabilitation is complete under their existing lease terms and rental rates. While staff recognizes that displaced tenants may have difficulty finding comparable units within the San Diego region, promoting revitalization of aging and deteriorating housing stock and allowing a return on investment to the owner is still necessary in some instances. Balancing the need to provide quality housing and the need to protect tenants is challenging, and staff has therefore drafted a compromise to allow substantial rehabilitation and provide relocation assistance to tenants that would enable them to have funds for a security deposit and first month’s rent for a comparable unit in the same area of Chula Vista, reference Attachment No. 4 for additional details.

While the examples above and other issues identified in Attachment No. 4 were still the subject of dispute between stakeholders, there were several areas agreed upon during the outreach process including:
• The need for better data collection;
• Education; and
• Alternative dispute resolution models.

Although substantial progress has been made in identifying both issues of concern and agreement between housing provider and tenant groups, there remains a lack of substantive data about how, why and where termination of tenancies occur in Chula Vista. Staff is recommending that such data be obtained in order to design an ordinance that more accurately addresses and is responsive to the issues that actually affect residents in Chula Vista.

CSA San Diego County Agreement Recommendation
CSA has served as the City’s Fair Housing Administrator since July 2013, providing services including:
advocacy, outreach and educ ation; technical training opportunities for members of the housing provider, lender and insurance industries; maintenance of a fair housing discrimination investigative, intake and enforcement processes; collaborations and/or linkages with other entities w hich further strengthen fair housing activities in accordance with U.S. Department of Housing and Urban Development (“HUD”) Equal Opportunity and Fair Housing Criteria, 24 CFR 570.904. CSA currently maintains a contract until June 30, 2022.

In addition, CSA’s contract includes provisions to provide ombudsman services to tenants and landlords.

Exhibit 3 provides the typical process followed when the City receives a concern from a constituent.

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Exhibit 3
Tenant/Landlord Referral Process

As depicted, all tenant/landlord issues that are not considered a health and safety related concern and fall under civil codes are referred to CSA. Once CSA assesses the issue, they will either provide additional services through the HUD defined processes and open a CSA case or refer the constituent to appropriate resources that may be able to assist with the relevant civil law. CSA cases are reported back to the City, however referrals are not currently tracked or outcomes evaluated.

On March 12, 2021, an RFQ (RFQ Q13-20-21) was issued for agencies interested in providing housing related services on behalf of the City. Although 101 parties downloaded a copy of the RFQ through the City’s Planet Bids, eight (8) agencies submitted proposals for housing related services ( one from CSA specific to fair housing services) by the deadline. Proposal evaluations were completed in accordance with the applicable provisions of the Chula Vista Municipal Code including policies, procedures, and guidelines contained in the Chula Vista Municipal Code Section 2.56.110.

CSA is a HUD approved nonprofit housing counseling agency that has 50 years of experience as advocates for equality, diversity, inclusion, civil rights and fair housing. Since 2015, CSA has maintained a local office at 1653 Albany Ave, Chula Vista, 91911. They have contracted with a number of San Diego County jurisdictions for similar services including San Diego County and the Cities of La Mesa, Santee, and National City.

The City has historically maintained a contract with CSA through Community Development Block Grant (“CDBG”) funding as part of the annual federal entitlement fund process, tonight’s action would direct the City Manager or designee to enter into a contract with CSA for an initial year one contract for $ 40,000 beginning July 1, 2022 to expand the scope of services in order to address i ssues that have been described above, and enables the City Manager or designee to exercise up to 1 one-year extension, for an amount not to exceed $80,000 over the two year contract period, using the identified funding sources and providing the following services:

1. Chula Vista Housing Funds, $20,000 – Expansion of services to meet obligations to affirmatively further fair housing (“AFFH”) in the Adopted 2021 -2029 Housing Element . Services will include targeted

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information and resource events to affirmatively further fair housing and additional educational events on fair housing and tenant/landlord laws.

2. Local Early Action Planning (“LEAP”) , $20,000 - Assist in Housing Element implementation outreach , including: creation of a data collection dashboard (including reporting and evaluating outcomes of referrals), resident focus groups, citywide surveying and various educational/informational events.

LEAP funds were previously approved through Council Resolution 2020 -150 on June 23, 2020 . The additional data and public input will inform the implementation of the Housing Element goals and guide future tenant/landlord related policy.

Rental Assistance
With the closure of the Chula Vista Emergency Rental Assistance Program (“CVERAP”) on March 31, 2022, concerns have been raised about the vulnerability of those that have not applied for rental assistance programs. In addition to recent action by City Council to approve additional funding to the CVERAP on March 22, 2022, SBCS Corporation (“SBCS”) maintains a contract through June 30, 2022 , approved by Council on May 12, 2020 via Resolution No. 2020 -098 to provide Tenant Based Rental Assistance through HOME Investment Partnership Act (“HOME”) funds. The City a nd SBCS are confident that in partnership we will continue to ensure tenants facing termination of tenancy for non-payment of rent are provided resources within our community.

DECISION-MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not a site- specific and consequently, the real property holdings of the City Council members do not create a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov’t Code §87100, et seq.).

Councilmember McCann may, however, have a conflict of interest given his ownership interest in rental property and property management business. Otherwise, Staff is not independently aware, and has not been informed by any other City Council member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter.

CURRENT-YEAR FISCAL IMPACT
There is no current year fiscal impact to the General Fund as a result of this action.

ONGOING FISCAL IMPACT
There is no anticipated ongoing fiscal impact to the General Fund as a result of this action. The initial $40.000 for the CSA agreement will be funded through Chula Vista Housing Funds and LEAP funds and budgeted as part of the FY 2022/2023 budget. If the agreement is extended, additional funds will be budgeted in future years as part of the regular budget process.

ATTACHMENTS

1. Comparison of Local Tenant Protection Regulations

2. Tenant Protection Survey of Similar Jurisdictions

3. Summary of Stakeholder Input December 2021 – February 2022

4. Policy Recommendation Comparison

5. Two-Party Agreement with CSA San Diego County
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Staff Contact: Stacey Kurz, Housing Manager
Tiffany Allen, Director of Development Services

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Attachment 1

COMPARISON OF LOCAL TENANT PROTECTION ORDINANCES
City Just Cause
Ordinance
Rent
Control Managed By Relocation Assistance Owner Move-in
Requirement
Substantial Rehab
Definition
Written
Notice
Requirement
Right of Return
and First Right
of Refusal
Exceptions
Tenant
Protection/
Harassment
Berkeley 13.76.130 Yes
Rent
Stabilization
Board
Standard relocation for
residents who have occupied
unit for more than one year:
$16,341 and an additional
$5,447 to low-income
households, disabled, elderly,
families with children, or if
residents have occupied the
unit since before 1/1/1999.

Relocation fees are to be
divided among residents.

Requires rental
property to be
occupied by owner or
family for at least 36
months.

Rehab must be required
for code compliance or
tenant safety and cannot
be completed while the
tenant resides on the
premises.

Ellis Act 120
day notice
requirement.

Former tenant
must be
offered the
same unit for
the same price
if it is returned
to the market.

Rentals owned by
government agency,
hotels, section 8,
hospital rentals, rooms
rented in owner's
home, dorms.

13.76.140 -
Defines 5 types of
retaliation.

East Palo
Alto

14.04.160
Rent
Stabiliza
tion
Rent
Stabilization
Board
Ellis Act requirements only and
"powers reserved to the city
council" (14.04.220)
Requires rental
property to be
occupied by owner or
family for at least 12
months.

Rehab must be required
for code compliance or
tenant safety and cannot
be completed while the
tenant resides on the
premises. Repairs must
not cost less than 10
times the monthly rent
and unit must be
uninhabitable for more
than 30 days.

Ellis Act 120
day notice
requirement.

Former tenant
must be
offered the
same unit for
the same price
if it is returned
to the market.

Hotels, care facilities,
nonprofit housing, units
shared with the
landlord.

14.04.170 -
Defines 7 types of
tenant
harassment.

Prohibits 5 types
of retaliation.

Glendale 9.30.010 No N/A
Landlord must pay two times
HUD fair market rent plus
$1,000. Fee is prorated among
occupants. One half to be paid
five days after notice is given,
then one half paid five days
after tenant vacates residence.

Requires rental
property to be
occupied by owner or
family. Timeline
unspecified.

Repairs must not cost less
than 8 times the monthly
rent and unit must be
uninhabitable for more
than 30 days
Ellis Act 120
day notice
requirement.

Former tenant
must be
offered the
same unit for
the same price
if it is returned
to the market.

Hotels, temporary
homeless housing,
hospitals, religious
facilities, extended care
facilities, dorms,
nonprofit senior living,
schools, rental
properties with two or
fewer unites.

9.30.060 - Defines
5 types of
retaliation.
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8.99 No N/A
Owner must pay relocation
equal to one month or waive
final month's rent. Payment
must be made within 15 days of
notice
No specified timing for
owner or owner family
residency.

Rehab must be required
for code compliance or
tenant safety and cannot
be completed while the
tenant resides on the
premises. Unit must be
uninhabitable for more
than 30 days.

Ellis Act 120
day notice
requirement.

Not detailed in
city ordinance.

Hotels, nonprofit
hospitals, dorms, rooms
rented in owner's
home, ADUs, housing
with a certificate of
occupancy in the last 15
years.
(8.101.030) -
Defines 13 types
of tenant
harassment.

Los
Angeles
151.09 &
151.30 Yes
LA Housing
and
Community
Investment
Department
Qualified tenants can receive
between $14,000 and $19,700
with additional costs paid to
other tenants. The amount
varies depending on the
number of units in the complex
and owners property portfolio.

Requires rental
property to be
occupied by owner or
family, or taken off
market for at least 24
months.

Rehab must be required
for code compliance or
tenant safety and cannot
be completed while the
tenant resides on the
premises. Unit must be
uninhabitable for more
than 30 days.

Ellis Act 120
day notice
requirement.

Former tenant
must be
offered the
same unit for
the same price
if it is returned
to the market.

Unless the unit
is re-offered
more than two
years later.

Rental properties with
two or fewer units,
hotels, nonprofit
housing cooperative,
hospitals, LA Housing
Authority housing.
151.33 - Defines
17 types of tenant
harassment.

Oakland 8.22.300
Rent
Adjustm
ent
Progra
m
Rent Board
$6,500 for studios and one
bedroom apartments. $8,000
for two bedrooms, $9,875 for
units with three or more
bedrooms. Payment is divided
equally among tenants. Low-
income tenants, elderly,
disabled tenants, and tenants
with children are entitled to an
additional $2,500.

Requires rental
property to be
occupied by owner or
family for at least 36
months.

Rehab must be required
for code compliance or
tenant safety and cannot
be completed while the
tenant resides on the
premises. Unit must be
uninhabitable for more
than 30 days.

Ellis Act 120
day notice
requirement.

Elderly and
disabled
tenants who
give written
notice of
extension
within 60
days of
eviction
notice can
extend up to
one year.

Former tenant
must be
offered the
same unit for
the same price
if it is returned
to the market.

Unless the unit
is re-offered
more than five
years later.

Hospitals/health
facilities, nonprofit
housing for short term
substance treatment or
homeless services.
(8.22.600) -
Defines 22 types
of tenant
harassment.

Prohibits
retaliation,
differential
treatment, and
enacting late
payment fees.
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City Just Cause
Ordinance
Rent
Control Managed By Relocation Assistance Owner Move-in
Requirement
Substantial Rehab
Definition
Written
Notice
Requirement
Right of Return
and First Right
of Refusal
Exceptions
Tenant
Protection/
Harassment
Santa Ana NS-3010 Yes Rent Board
For no fault, owner has option
to waive final three months
rent or pay three months rent
to each occupant within 15
days.

Requires rental
property to be
occupied by owner or
family, or taken off
market for at least 24
months.

Rehab must be required
for code compliance or
tenant safety and cannot
be completed while the
tenant resides on the
premises. Unit must be
uninhabitable for more
than 30 days.

Ellis Act 120
day notice
requirement.

Former tenant
must be
offered the
same unit for
the same price
if it is returned
to the market
within six
months.

Hospitals, dorms,
hotels, ADUs, rooms
rented in owner's
home, owner occupied
duplex, housing with a
certificate of occupancy
in the last 15 years.

NS-3010 Section 8
1996 - Defines 15
types of tenant
harassment.

Prohibits three
types of
retaliation.

Attachment 2

SURVEY OF LOCAL TENANT PROTECTION IMPACTS
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No citywide
applicability.
2nd reading:
1/11/2022;
effective: 2/10/2022
San Diego Housing Commission
(housing authority) has agreed
to accept, review, and retain
copies of required relocation
notices provided by property
owners/applicants to tenants.

This information is not yet
available due to the short time
that this ordinance has been in
effect.

This information is not yet
available due to the short
time that this ordinance
has been in effect.

This information is not
yet available due to
the short time that
this ordinance has
been in effect.

Long
Beach
Additional
just-
cause/no-
fault
provisions.

Additional
relocation
and noticing
requirements.
2/15/2022 We have not hired or dedicated
staff or financial resources to
enforce the Ordinance
No data available at this time. No data available at this time.

No data available at
this time.

Glendale Additional
just-
cause/no-
fault
provisions.

Additional
relocation
and noticing
requirements.

Our ordinance
Passed in February
2019 but took effect
March 2019.

Yes. We are budgeted for 3
fulltime employees to work on
the rental rights but currently
only 2 fulltime employees are
involved.

Unfortunately, this is not
something we are actively
tracking. And due to other
factors like the Statewide Rent
Control and Covid-19 I wouldn’t
be able to say with confidence
that the impacts are due to our
Rental Rights Program.

Anecdotally speaking,
based on the number of
individuals complaining to
our council members and
residents approaching our
housing counter to
complain about high rents,
I would say there has been
a decrease in tenant/renter
calls and complaints
regarding rents.

Again, it is hard to
gage the impact of the
Rental Rights
Ordinance considering
that Statewide AB
1482 took effect less
than a year after our
ordinance, and then
almost immediately
we had the COVID-19
emergency orders.

Both of which had a
very big impact on the
overall rental market.

We have yet to
experience any
unintended
consequences.

Attachment 2

SURVEY OF LOCAL TENANT PROTECTION IMPACTS
2 of 2

City What does
the ordinance
cover?
When was your
ordinance passed?
Did the City dedicate staff or
financial support for the
implementation/enforcement
of the ordinance? If so, what?
What was the impact to rental
units being remodeled,
removed from the market, or
demolished in the 5 years
before the ordinance was
passed and since the ordinance
passage?
Has there been a decrease
in the number of
tenant/renters calls to fair
housing providers or the
City?
Were there any other
impacts to the rental
market following the
passage of the
ordinance?
Were there other
unintended
consequences to the
city (financial impacts
or other)?
Thousand
Oaks
N/A TPOS in-process/No
Data
TPOS in-process/No Data TPOS in-process/No Data TPOS in-process/No Data TPOS in-process/No Data
TPOS in-process/No
Data
Emeryville N/A TPOS in-process/No
Data
TPOS in-process/No Data TPOS in-process/No Data TPOS in-process/No Data TPOS in-process/No Data
TPOS in-process/No
Data
Fairfax N/A No Response No Response No Response No Response No Response No Response San Rafael N/A No Response No Response No Response No Response No Response No Response

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Attachment 3

SUMMARY OF STAKEHOLDER OUTREACH MEETINGS

2 of 2

STAKEHOLDER INPUT RECEIVED
Local Ordinance
Needed Not Needed
• Prevent statewide eviction trends.
• Eliminate loopholes in state law.
• Pro-active vs. reactive approach to non-compliant
landlords.
• Establish first-right-of-refusal to return to unit.
• Greater tenant harassment protections.
• Reactive without demonstrated need.
• State law is adequate.
• Unintended consequences:
o Impact to other tenants; and
o Disincentivizing development/remodels.
• Creating loopholes for non-compliant tenants.

Concepts (December 2021)
Ellis Act
• Relocation should be tied to economics means testing or fixed amounts.

No Cause
• Defining substantial rehabilitation is desirable but do not identify permit threshold. • Include first right of refusal to return but further work on rental rate on return.

Alternatives
• Education (Tenants and Landlords).
• City enforcement for business license re-issuance.
• Using statewide industry partners for tenant defense. • Dispute Resolution/Mediation
Draft Ordinance (January 2022)
• Ordinance should acknowledge landlord rights.
• The number and scope of the harassment definitions too broad. • Just-Cause provisions should apply on day one of tenancy. • Relocation assistance payments needed to be rewritten to match industry practices (e.g., using one check for all tenants).
• Landlords need to be able to terminate tenancy based on substantial remodel. This can be accomplished in a way that minimizes harm to tenants.
• This will expose landlords to excessive litigation.
• The ordinance is too biased towards tenants.
• Consider whether appropriate to apply to mobile home renter.

Housing Advisory Commission (January 31, 2022)
• Commissioners indicated they would like to see greater emphasis on the following:
• Production of affordable units where these issues are mitigated; • Alternative dispute resolution; and
• Additional data.
• Stakeholders provided similar feedback to individual meetings.

Final Ordinance (February 2022)
• Tenant advocates believe without a few key items the ordinance is not valuable: all housing types need to be covered, coverage needs to start on day 1 of tenancy, on substantial rehabilitation tenants need to return to unit at same rental rate.
• All stakeholders agreed that the City should not move forward with the ordinance as currently drafted.

1 of 3

Attachment 4

POLICY RECOMMENDATION COMPARISON
ISSUES

EXISTING STATE LAW
CV 3/1/22 DRAFT

RECOMMENDATIONS

RESIDENTS (ACCE)

RECOMMENDATIONS

LANDLORDS

RECOMMENDATIONS
General Comments/
Applicability
Need for Local Ordinance Claim: Gaps in State law need to be addressed to protect
tenants against no fault
evictions.

Claim: AB1486 has not been
in place long enough for the
industry to determine
impact. Local regulations
would create a solution for a
problem that is not
substantiated.

Length of Tenancy Protections after 12 months
of tenancy.

Protections after 12
months of tenancy.

Protections on Day one of
tenancy.

Protections after 12 months
of tenancy.

Just Cause/
No Fault
Termination of
Tenancy
Types of Rental Complexes
Covered
All complexes. All complexes have basic
protections. Residential
Rental Complexes of 3 or
more units have
enhanced protections.

All complexes have enhanced
protections.

Let state law govern.

First Right of Refusal First right of refusal only for
withdrawals from rental
market in rent controlled
jurisdictions per Ellis Act. No
first right of refusal under
Tenant Protection Act of
2019. Under Costa-Hawkins
Act City must allow owner to
set new rent amount after
termination of tenancy.

First right of refusal at
market rate for up to two
years for terminations
based on substantial
remodel, withdrawal from
rental market and
complete demolition of
units in complexes of
three or more. Tenant
required to notify of
forwarding address.

First right of refusal/return at
previous rental rate for all no-
fault just -cause terminations
of any unit.

Let state law govern.

2 of 3

ISSUES

EXISTING STATE LAW
CV 3/1/22 DRAFT

RECOMMENDATIONS

RESIDENTS (ACCE)

RECOMMENDATIONS

LANDLORDS

RECOMMENDATIONS
Substantial Remodel Termination of Tenancy for
Substantial remodel allowed
if major repairs, permit or
hazardous substance
abatement, and rental unit
must need to be vacant for
more than 30 days.

Termination of Tenancy
for Substantial remodel
allowed if major repairs;
permit or hazardous
substance abatement;
cost of repairs is greater
than $40 per square fo ot;
and rental units must
need to be vacant for
more than 60 days.

No termination of tenancy for
substantial remodel.

Let state law govern. Ability
to terminate for substantial
remodel must be available.

Relocation Assistance One month’s existing rent
for no -fault termination of
tenancy.

One month’s HUD SAFMR
for no-fault termination of
tenancy. Two month’s
HUD SAFMR for
demolition, removal from
market, and substantial
remodel of a unit in a
complex of three or more
units.

Relocation payments of
$7,000 per tenant.

Let state law govern.

Noticing for Tenants 30 days notice if renting for
less than 12 months; 60
days notice if renting for 12
months or more.
120 notice required or 365
days notice required if
tenant is elderly or disabled
for withdrawals from rental
30 days notice if renting
for less than 12 months;
60 days notice if renting
for 12 months or more.
120 notice required or
365 days notice required if
tenant is elderly or
disabled for withdrawals
from rental market,
substantial remodel, and
120 day notice for every
termination of tenancy +
additional notice for
elderly/disabled.

Let state law govern.

3 of 3

ISSUES

EXISTING STATE LAW
CV 3/1/22 DRAFT

RECOMMENDATIONS

RESIDENTS (ACCE)

RECOMMENDATIONS

LANDLORDS

RECOMMENDATIONS
market in rent controlled
jurisdictions per Ellis Act.
demolition for units in
complexes of three or
more.

Anti-Harassment Tenants Covered by Anti -
Harassment
All tenants. All tenants. All tenants. Mobilehomes and mobilehome owners should
not be included.

Anti-Harassment Provisions 4 kinds of harassment
covered.

Additional 12 kinds of
harassment covered.

Additional 25 kinds of
harassment covered.

Let state law govern.

1 City of Chula Vista Agreement No.: 22-027
Service Provider Name: CSA SAN DIEGO COUNTY Rev. 2/4/21

CITY OF CHULA VISTA

CONTRACTOR/SERVICE PROVIDER SERVICES AGREEMENT

WITH CSA SAN DIEGO COUNTY

TO PROVIDE FAIR HOUSING & TENANT/OMBUDSMAN SERVICES

This Agreement is entered into effective as of July 1, 2022 (“Effective Date”) by and between the City of Chula Vista, a chartered municipal corporation (“City”) and CSA SAN DIEGO COUNTY , 501(c)(3) nonprofit organization (“Contractor/Service Provider ”) (collectively, the “Parties” and, individually, a “Party”) with reference to the following facts:

RECITALS

WHEREAS, as a recipient of U.S. Department of Housing and Urban Development (“HUD”) and State of California funding, the City of Chula Vista has a responsibility to affirmatively further fair housing; and

WHEREAS, On March 12, 2021, an RFQ (RFQ Q13 -20-21) was issued for agencies interested in providing housing related services on behalf of the City; and

WHEREAS, as the sole respondent related to Fair Housing Services, CSA San Diego County (“CSA” or “Consultant”) is a HUD Approved Nonprofit Housing Counseling Agency that has 50 years of experience as advocates for equality, diversity, inclusion, civil rights and fair housing; and WHEREAS, CSA has served as the City’s Fair Housing Administrator since July 2013 and has maintained a local office at 1653 Albany Ave, Chula Vista, 91911 since 2015; and WHEREAS, during this time they have provided annual Fair Housing services including: advocacy, outreach and education; technical training opportunities for members of the housing provider, lender and insurance industries; maintenance of a fair housing discrimination investigative, intake and enforcement processes; collaborations and/or linkages with other entities which further strengthen fair housing activities in accordance with HUD Equal Opportunity and Fair Housing Criteria, 24 CFR 570.904; and WHEREAS, it is the desire to contract with CSA to expand their annual contrac t to address needs for additional data collection around tenant/landlord referrals and to meet fair housing goals in the 2021 -2029 Housing Element for an initial period of one year for $40,000, with options to extend for an additional year, for a total not to exceed two year amount of $80,000 and contingent on available funding; and

WHEREAS, the initial year funding will include: (1) $20,000 in Chula Vista Housing Funds (“CVHF”) to expand services to meet obligations to affirmatively further fair housing (“AFFH”) in the Adopted 2021-2029 Housing Element; and (2) $20,000 in Local Early Action Planning (“LEAP”) funds to assist in Housing Element implementation outreach to further Housing Element goals and guide future policy; and

WHEREAS, Contractor/Service Provider warrants and represents that it is experienced and staffed in a manner such that it can deliver the services required of Contractor/Service Provider to City in accordance with the time frames and the terms and conditions of this Agreement.

[End of Recitals. Next Page Starts Obligatory Provisions.] 2 City of Chula Vista Agreement No.: 22-027
Service Provider Name: CSA SAN DIEGO COUNTY Rev. 2/4/21

OBLIGATORY PROVISIONS

NOW, THEREFORE, in consideration of the above recitals, the covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which the Parties hereby acknowledge, City and Contractor/Service Provider hereby agree as follows:

1. SERVICES

1.1 Required Services. Contractor/Service Provider agrees to perform the services, and deliver to City the “Deliverables” (if any) described in the attached Exhibit A, incorporated into the Agreement by this reference, within the time frames set forth therein, time being of the essence for this Agreement. The services and/or Deliverables described in Exhibit A shall be referred to herein as the “Required Services.”

1.2 Reductions in Scope of Work . City may independently, or upon request from Contractor/Service Provider, from time to time, reduce the Required Services to be performed by the Contractor/Service Provider under this Agreement. Upon doing so, City and Contractor/Service Provider agree to meet and confer in good faith for the purpose of negotiating a corresponding reduction in the compensation associated with the reduction.

1.3 Additional Services. Subject to compliance with the City’s Charter, codes, policies, procedures and ordinances governing procurement and purchasing authority, C ity may request Contractor/Service Provider provide add itional services related to the Required Services (“Additional Services”). If so, City and Contractor/Service Provider agree to meet and confer in good faith for the purpose of negotiating an amendment to Exhibit A, to add the Additional Services. Unless otherwise agreed, compensation for the Additional Services shall be charged and paid consistent with the rates and terms already provided therein.

Once added to Exhibit A, “Additional Services” shall also become “Required Services” for purposes of this Agreement.

1.4 Standard of Care. Contractor/Service Provider expressly warrants and agrees that any and all Required Services hereunder shall be performed in accordance with the highest standard of care exercised by members of the profession currently practicing under similar conditions and in similar locations.

1.5 No Waiver of Standard of Care. Where approval by City is required, it is understood to be conceptual approval only and does not relieve the Contractor/Service Provider of responsibility for complying with all laws, codes, industry standards, and liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of the Contractor/Service Provider or its subcontractors.

1.6 Security for Performance . In the event that Exhibit A Section 4 indicates the need for Contractor/Service Provider to provide additional security for performance of its duties under this Agreement, Contractor/Service Provider shall provide such additional se curity prior to commencement of its Required Services in the form and on the terms prescribed on Exhibit A, or as otherwise prescribed by the City Attorney.

1.7 Compliance with Laws. In its performance of the Required Services, Contractor/Service Provider shall comply with any and all applicable federal, state and local laws, including the Chula Vista Municipal Code.

1.8 Business License . Prior to commencement of work, Contractor/Service Provider shall obtain a business license from City.
3 City of Chula Vista Agreement No.: 22-027
Service Provider Name: CSA SAN DIEGO COUNTY Rev. 2/4/21

1.9 Subcontractors. Prior to commencement of any work, Contractor/Service Provider shall submit for City’s information and approval a list of any and all subcontractors to be used by Contractor/Service Provider in the performance of the Required Services. Contractor/Service Provider agrees to take appropriate measures necessary to ensure that all subcontractors and personnel utilized by the Contractor/Service Provider to complete its obligations under this Agreement comply with all applica ble laws, regulations, ordinances, and policies, whether federal, state, or local. In addition, if any subcontractor is expected to fulfill any responsibilities of the Contractor/Service Provider under this Agreement, Contractor/Service Provider shall ensure that each and every subcontractor carries out the Contractor/Service Provider’s responsibilities as set forth in this Agreement.

1.10 Term. This Agreement shall commence on the earlier to occur of the Effective Date or Contractor/Service Provider’s commencement of the Required Services hereunder, and shall terminate when the Parties have complied with all their obligations hereunder; provided, however, provisions which expressly survive termination shall remain in effect.

2. COMPENSATION

2.1 General. For satisfactory performance of the Required Services, City agrees to compensate Contractor/Service Provider in the amount(s) and on the terms set forth in Exhibit A, Section 4. Standard terms for billing and payment are set forth in this Section 2.

2.2 Detailed Invoicing. Contractor/Service Provider agrees to provide City with a detailed invoice for services performed each month, within thirty (30) days of the end of the month in which the services were performed, unless otherwise specified in Exhibit A. Invoicing shall begin on the first of the month following the Effective Date of the Agreement. All charges must be presented in a line item format with each task separately explained in reasonable detail. Each invoice shall include the current monthly amount being billed, the amount invoiced to date, and the remaining amount available under any approved budget.

Contractor/Service Provider must obtain prior written authorization from City for any fees or expenses that exceed the estimated budget.

2.3 Payment to Contractor/Service Provider . Upon receipt of a properly prepared invoice and confirmation that the Required Services detailed in the invoice have been satisfactorily performed, City shall pay Contractor/Service Provider for the invoice amount within thirty (30) days. Payment shall be made in accordance with the terms and conditions set forth in Exhibit A.

2.4 Reimbursement of Costs . City may reimburse Contractor/Service Provider ’s out -of-pocket costs incurred by Contractor/Service Provider in the performance of the Required Services if negotiated in advance and included in Exhibit A. Unless specifically provided in Exhibit A, Contractor/Service Provider shall be responsible for any and all out-of-pocket costs incurred by Contractor/Service Provider in the performance of the Required Services.

2.5 Exclusions. City shall not be responsible for payment to Contractor/Service Provider for any fees or costs in excess of any agreed upon budget, rate or other maximum amount(s) provided for in Exhibit A. City shall also not be responsible for any cost: (a) incurred prior to the Effective Date; or (b) arising out of or related to the errors, omissions, negligence or acts of willful mis conduct of Contractor/Service Provider, its agents, employees, or subcontractors.

4 City of Chula Vista Agreement No.: 22-027
Service Provider Name: CSA SAN DIEGO COUNTY Rev. 2/4/21

2.6 Payment Not Final Approval . Contractor/Service Provider understands and agrees that payment to the Contractor/Service Provider or reimbursement for any Contractor/Service Provider costs related to the performance of Required Services does not constitute a City final decision regarding whether such payment or cost reimbursement is allowable and eligible for payment under this Agre ement, nor does it constitute a waiver of any violation by Contractor/Service Provider of the terms of this Agreement. If City determines that Contractor/Service Provider is not entitled to receive any amount of compensation already paid, City will notify Contractor/Service Provider in writing and Contractor/Service Provider shall promptly return such amount.

3. INSURANCE

3.1 Required Insurance. Contractor/Service Provider must procure and maintain, during the period of performance of Required Services under this Agreement, and for twelve months after completion of Required Services, the policies of insurance described on the attached Exhibit B, incorporated into the Agreem ent by this reference (the “Required Insurance”). The Required Insurance shall also comply with all other terms of this Section.

3.2 Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions relating to the Required Insurance must be disclosed to and approved by City in advance of the commencement of work.

3.3 Standards for Insurers. Required Insurance must be placed with licensed insurers admitted to transact business in the State of California with a current A.M. Best’s rating of A V or better, or, if insurance is placed with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines Insurers (LESLI) with a current A.M. Best’s rating of no less than A X. For Workers’ Compen sation Insurance, insurance issued by the State Compensation Fund is also acceptable.

3.4 Subcontractors. Contractor/Service Provider must include all sub-Contractor/Service Providers/sub- contractors as insureds under its policies and/or furnish separate certificates and endorsements demonstrating separate coverage for those not under its policies. Any separate coverage for sub-Contractor/Service Providers must also comply with the terms of this Agreement.

3.5 Additional Insureds. City, its officers, officials, employees, agents, and volunteers must be named as additional insureds with respect to any policy of general liability, automobile, or pollution insurance specified as required in Exhibit B or as may otherwise be specified by City’s Risk Manager.. The general liability additional insured coverage must be provided in the form of an endorsement to the Contractor/Service Provider’s insurance using ISO CG 2010 (11/85) or its equivalent; such endorsement must not exclude Products/Completed Operations coverage.

3.6 General Liability Coverage to be “Primary.” Contractor/Service Provider’s general liability coverage must be primary insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers.

Any insurance or self -insurance maintained by the City, its officers, officials, employees, or volunteers is wholly separate from the insurance provided by Contractor/Service Provider and in no way relieves Contractor/Service Provider from its responsibility to provide insurance.

3.7 No Cancellation. No Required Insurance policy may be canceled by either Party during the required insured period under this Agreement, except after thirty days’ prior written notice to the City by certified mail, return receipt requested. Prior to the effective date of any such cancellation Contractor/Service Provider must procure and put into effect equivalent coverage(s).

5 City of Chula Vista Agreement No.: 22-027
Service Provider Name: CSA SAN DIEGO COUNTY Rev. 2/4/21

3.8 Waiver of Subrogation. Contractor/Service Provider’s insurer(s) will provide a Waiver of Subrogation in favor of the City for each Required Insurance policy under this Agreement. In addition, Contractor/Service Provider waives any right it may have or may obtain to subrogation for a claim against City.

3.9 Verification of Coverage . Prior to commencement of any work, Contractor/Service Provider shall furnish City with original certificates of insurance and any amendatory endorsements necessary to demonstrate to City that Contractor/Service Provider has obtained the Required Insurance in compliance with the terms of this Agreement. The words “will endeavor” and “but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents, or representatives” or any similar language must be deleted from all c ertificates. The required certificates and endorsements should otherwise be on industry standard forms. The City reserves the right to require, at any time, complete, certified copies of all required insurance policies, including endorsements evidencing the coverage required by these specifications.

3.10 Claims Made Policy Requirements. If General Liability, Pollution and/or Asbestos Pollution Liability and/or Errors & Omissions coverage are required and are provided on a claims -made form, the following requirements also apply:

a. The “Retro Date” must be shown, and must be before the date of this Agreement or the beginning of the work required by this Agreement.

b. Insurance must be maintained, and evidence of insurance must be provided, fo r at least five (5) years after completion of the work required by this Agreement.

c. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a “Retro Date” prior to the effective date of this Agreement, the Contractor/Service Provider must purchase “extended reporting” coverage for a minimum of five (5) years after completion of the work required by this Agreement.

d. A copy of the claims reporting requirements must be submitted to the City for review.

3.11 Not a Limitation of Other Obligations. Insurance provisions under this section shall not be construed to limit the Contractor/Service Provider’s obligations under this Agreement, including Indemnity.

3.12 Additional Coverage. To the extent that insurance coverage provided by Contractor/Service Provider maintains higher limits than the minimums appearing in Exhibit B, City requires and shall be entitled to coverage for higher limits maintained.

6 City of Chula Vista Agreement No.: 22-027
Service Provider Name: CSA SAN DIEGO COUNTY Rev. 2/4/21

4. INDEMNIFICATION

4.1. General. To the maximum extent allowed by law, Contractor/Service Provider shall protect, defend, indemnify and hold harmless City, its elected and appointed officers, agents, employees and volunteers (collectively, “Indemnified Parties”), from and against any an d all claims, demands, causes of action, costs, expenses, (including reasonable attorneys’ fees and court costs), liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or inciden t to any alleged acts, omissions, negligence, or willful misconduct of Contractor/Service Provider , its officials, officers, employees, agents, and contractors, arising out of or in connection with the performance of the Required Services, the results of s uch performance, or this Agreement. This indemnity provision does not include any claims, damages, liability, costs and expenses arising from the sole negligence or willful misconduct of the Indemnified Parties. Also covered is liability arising from, con nected with, caused by or claimed to be caused by the active or passive negligent acts or omissions of the Indemnified Parties which may be in combination with the active or passive negligent acts or omissions of the Contractor/Service Provider, its employees, agents or officers, or any third party.

4.2. Modified Indemnity Where Agreement Involves Design Professional Services . Notwithstanding the forgoing, if the services provided under this Agreement are design professional services, as defined by California Civil Code section 2782.8, as may be amended from time to time, the defense and indemnity obligation under Section 1, above, shall be limited to the extent required by California Civil Code section 2782.8.

4.3 Costs of Defense and Award. Included in Contractor/Service Provider’s obligations under this Section 4 is Contractor/Service Provider’s obligation to defend, at Contractor/Service Provider’s own cost, expense and risk, any and all suits, actions or other legal proceedings that may be brought or instituted against one or more of the Indemnified Parties. Subject to the limitations in this Section 4, Contractor/Service Provider shall pay and satisfy any judgment, award or decree that may be rendered against one or more of the Indemnified Parties for any and all related legal expenses and costs incurred by any of them.

4.4. Contractor/Service Provider’s Obligations Not Limited or Modified . Contractor/Service Provider’s obligations under this Section 4 shall not be limited to insurance proceeds, if any, received by the Indemnified Parties, or by any prior or subsequent declaration by the Contractor/Service Provider . Furthermore, Contractor/Service Provider’s obligations under this Section 4 shall in no way limit, modify or excuse any of Contractor/Service Provider’s other obligations or duties under this Agreement.

4.5. Enforcement Costs . Contractor/Service Provider agrees to pay any and all costs City incurs in enforcing Contractor/Service Provider’s obligations under this Section 4.

4.6 Survival. Contractor/Service Provider’s obligations under this Section 4 shall survive the termination of this Agreement.

5. FINANCIAL INTERESTS OF CONTRACTOR/SERVICE PROVIDER.

5.1 Form 700 Filing. The California Political Reform Act and the Chula Vista Conflict of Interest Code require certain government officials and Contractor/Service Provider s performing work for government agencies to publicly disclose certain of their personal assets and incom e using a Statement of Economic Interests form (Form 700). In order to assure compliance with these requirements, Contractor/Service Provider shall comply with the disclosure requirements identified in the attached Exhibit C, incorporated into the Agreement by this reference.
7 City of Chula Vista Agreement No.: 22-027
Service Provider Name: CSA SAN DIEGO COUNTY Rev. 2/4/21

5.2 Disclosures; Prohibited Interests. Independent of whether Contractor/Service Provider is required to file a Form 700, Contractor/Service Provider warrants and represents that it has disclosed to City any economic interests held by Contractor/Service Provider , or its employees or subcontractors who will be performing the Required Services, in any real property or project which is the subject of this Agreement.

Contractor/Service Provider warrants and represents that it has not em ployed or retained any company or person, other than a bona fide employee or approved subcontractor working solely for Contractor/Service Provider, to solicit or secure this Agreement. Further, Contractor/Service Provider warrants and represents that it ha s not paid or agreed to pay any company or person, other than a bona fide employee or approved subcontractor working solely for Contractor/Service Provider, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resu lting from the award or making of this Agreement.

Contractor/Service Provider further warrants and represents that no officer or employee of City, has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, the proceeds hereof, or in the business of Contractor/Service Provider or Contractor/Service Provider ’s subcontractors.

Contractor/Service Provider further agrees to notify City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. For breach or violation of any of these warranties, City shall have the right to rescind this Agreement without liability.

6. REMEDIES

6.1 Termination for Cause. If for any reason whatsoever Contractor/Service Provider shall fail to perform the Required Services under this Agreement, in a proper or timely manner, or if Contractor/Service Provider shall violate any of the other covenants, agreements or conditions of this Agreement (each a “Defa ult”), in addition to any and all other rights and remedies City may have under this Agreement, at law or in equity, City shall have the right to terminate this Agreement by giving five (5) days written notice to Contractor/Service Provider. Such notice s hall identify the Default and the Agreement termination date. If Contractor/Service Provider notifies City of its intent to cure such Default prior to City’s specified termination date, and City agrees that the specified Default is capable of being cured, City may grant Contractor/Service Provider up to ten (10) additional days after the designated termination date to effectuate such cure. In the event of a termination under this Section 6.1, Contractor/Service Provider shall immediately provide City any and all ”Work Product” (defined in Section 7 below) prepared by Contractor/Service Provider as part of the Required Services. Such Work Product shall be City’s sole and exclusive property as provided in Section 7 hereof. Contractor/Service Provider may be entitled to compensation for work satisfactorily performed prior to Contractor/Service Provider’s receipt of the Default notice; provided, however, in no event shall such compensation exceed the amount that would have been payable under this Agreement for such work, and any such compensation shall be reduced by any costs incurred or projected to be incurred by City as a result of the Default.

6.2 Termination or Suspension for Convenience of City. City may suspend or terminate this Agreement, or any portion of the Required Services, at any time and for any reason, with or without cause, by giving specific written notice to Contractor/Service Provider of such termination or suspension at least fifteen (15) days prior to the effective date thereof. Upon receipt of such notice, Contractor/Service Provider shall immediately cease all work under the Agreement and promptly deliver all “Work Product” (defined in Section 7 below) to City. Such Work Product shall be City's sol e and exclusive property as provided in Section 7 hereof. Contractor/Service Provider shall be entitled to receive just and equitable compensation for this Work Product in an amount equal to the amount due and payable under this Agreement for work satisfa ctorily performed as of the date of the termination/suspension notice plus any additional remaining Required Services requested or approved by City in advance that would maximize City’s value under the Agreement.

8 City of Chula Vista Agreement No.: 22-027
Service Provider Name: CSA SAN DIEGO COUNTY Rev. 2/4/21

6.3 Waiver of Claims. In the event City terminates the Agreement in accordance with the terms of this Section, Contractor/Service Provider hereby expressly waives any and all claims for damages or compensation as a result of such termination except as expressly provided in this Section 6.

6.4 Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising out of this Agreement against City unless a claim has first been presented in writing and filed with City and acted upon by City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may be amended, the provisions of which, including such policies and procedures used by City in the implementation of same, are incorporated herein by this reference. Upon request by City, Contractor/Service Provider shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement.

6.5 Governing Law/Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in San Diego County, State of California.

6.6 Service of Process. Contractor/Service Provider agrees that it is subject to personal jurisdi ction in California. If Contractor/Service Provider is a foreign corporation, limited liability company, or partnership that is not registered with the California Secretary of State, Contractor/Service Provider irrevocably consents to service of process on Contractor/Service Provider by first class mail directed to the individual and address listed under “For Legal Notice,” in section 1.B. of Exhibit A to this Agreement, and that such service shall be effective five days after mailing.

7. OWNERSHIP AND USE OF WORK PRODUCT

All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced in whole or in part under this Agreement in connection with the performance of the Required Services (collectively “Work Product”) shall be the sole and exclusive property of City. No such Work Product shall be subject to private use, copyrights or patent rights by Contractor/Service Provider in the United States or in any other country without the express, prior written consent of City. City shall have unrestricted authority to publish, disclose, distribute, and otherwise use, copyright or patent, in whole or in part, any such Work Product, without requiring any permission of Contractor/Service Provider, except as may be limited by the provisions of the Public Records Act or expressly prohibited by other applicable laws. With respect to computer files containing data generated as Work Product, Contractor/Service Provider shall make available to City, upon reasonable written request by City, the necessary functional computer software and hardware for purposes of accessing, compiling, transferring and printing computer files.

8. GENERAL PROVISIONS

8.1 Amendment. This Agreement may be amended, but only in writing signed by both Parties.

8.2 Assignment. City would not have entered into this Agreement but for Contractor/Service Provider’s unique qualifications and traits. Contractor/Service Provider shall not assign any of its rights or responsibilities under this Agreement, nor any part hereof, without City’s prior written consent, which City may grant, condition or deny in its sole discretion.

8.3 Authority. The person(s) executing this Agreement for Contractor/Service Provider warrants and represents that they have the authority to execute same on behalf of Contractor/Service Provider and to bind 9 City of Chula Vista Agreement No.: 22-027
Service Provider Name: CSA SAN DIEGO COUNTY Rev. 2/4/21

Contractor/Service Provider to its obligations hereunder without any further action or direction from Contractor/Service Provider or any board, principle or officer thereof.

8.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which shall constitute one Agreement after each Party has signed such a counterpart.

8.5 Entire Agreement. This Agreement together with all exhibits attached hereto and other agreements expressly referred to herein, constitutes the entire Agreement between the Parties with respect to the subject matter contained herein. All exhibi ts referenced herein shall be attached hereto and are incorporated herein by reference. All prior or contemporaneous agreements, understandings, representations, warranties and statements, oral or written, are superseded.

8.6 Record Retention. During the course of the Agreement and for three (3) years following completion of the Required Services, Contractor/Service Provider agrees to maintain, intact and readily accessible, all data, documents, reports, records, contracts, and supporting mate rials relating to the performance of the Agreement, including accounting for costs and expenses charged to City, including such records in the possession of sub-contractors/sub-Contractor/Service Providers.

8.7 Further Assurances. The Parties agree to perform such further acts and to execute and deliver such additional documents and instruments as may be reasonably required in order to carry out the provisions of this Agreement and the intentions of the Parties.

8.8 Independent Contractor. Contractor/Service Provider is and shall at all times remain as to City a wholly independent contractor. Neither City nor any of its officers, employees, agents or volunteers shall have control over the conduct of Contractor/Service Provider or any of Contractor/Service Provider’s officers, employees, or agents (“ Contractor/Service Provider Related Individuals”), except as set forth in this Agreement. No Contractor/Service Provider Related Individuals shall be deemed employees of City, and none of them shall be entitled to any benefits to which City employees are entitled, including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or ot her leave benefits.

Furthermore, City will not withhold state or federal income tax, social security tax or any other payroll tax with respect to any Contractor/Service Provider Related Individuals; instead, Contractor/Service Provider shall be solely res ponsible for the payment of same and shall hold the City harmless with respect to same.

Contractor/Service Provider shall not at any time or in any manner represent that it or any of its Contractor/Service Provider Related Individuals are employees or agents of City. Contractor/Service Provider shall not incur or have the power to incur any debt, obligation or liability whatsoever against City, or bind City in any manner.

8.9 Notices. All notices, demands or requests provided for or permitted to be give n pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any Party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such Party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified in this Agreement at the places of business for each of the designated Parties as indicated in Exhibit A, or otherwise provided in writing.

8.10 Electronic Signatures. Each Party agrees that the electronic signatures, whether digital or encrypted, of the Parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic Signature means any electronic sound, symbol, or process attached to or logically associated with a record and executed and adopted by a Party with the intent to sign such record, 10 City of Chula Vista Agreement No.: 22-027
Service Provider Name: CSA SAN DIEGO COUNTY Rev. 2/4/21

including facsimile or email electronic signatures, pursuant to the California Uniform Electronic Transactions Act (Cal. Civ. Code §§ 1633.1 to 1633.17) as amended from time to time.

(End of page. Next page is signature page.)
11 City of Chula Vista Agreement No.: 22-027
Service Provider Name: CSA SAN DIEGO COUNTY Rev. 2/4/21

SIGNATURE PAGE

CONTRACTOR/SERVICE PROVIDER SERVICES AGREEMENT

IN WITNESS WHEREOF, by executing this Agreement where indicated below, City and Contractor/Service Provider agree that they have read and understood all terms and conditions of the Agreement, that they fully agree and consent to bound by same, and that they are freely entering into this Agreement as of the Effective Date.

CSA SAN DIEGO COUNTY CITY OF CHULA VISTA

BY:________________________________ BY: ________________________________ ESTELA DE LOS RIOS MARIA V. KACHADOORIAN

EXECUTIVE DIRECTOR CITY MANAGER

APPROVED AS TO FORM

BY: ________________________________
Glen R. Googins
City Attorney

12 City of Chula Vista Agreement No.: 22-027
Service Provider Name: CSA SAN DIEGO COUNTY Rev. 2/4/21

EXHIBIT A

SCOPE OF WORK AND PAYMENT TERMS

1. Contact People for Contract Administration and Legal Notice

A. City Contract Administration:

Stacey Kurz
276 Fourth Avenue
Chula Vista, CA 91910
(619) 585-5609
[email protected]

For Legal Notice Copy to:

City of Chula Vista
City Attorney
276 Fourth Avenue, Chula Vista, CA 91910
619-691-5037
[email protected]

B. Contractor/Service Provider Contract Administration:

CSA SAN DIEGO COUNTY
Attn: Estela De Los Rios
327 Van Houten Avenue
El Cajon, CA 92020
(619) 277-5786
[email protected]

For Legal Notice Copy to:

CSA San Diego
327 Van Houten Avenue
El Cajon, CA 92020
(619) 277-5786
[email protected]

2. Required Services

A. General Description:

Administer a City of Chula Vista Tenant Protections Enforcement and Outreach project. There is a need to identify, track, and address the current trends and outcomes resulting from civil codes, laws, and policies in the City of Chula Vista pertaining to tenant landlord challenges. This scope will address additional outreach and data collection to track trends and outcomes that fall under tenant/landlord civil codes/law in the City of Chula Vista. This contract serves to further provide services as identified in the 2021-2029 Housing Element to affirmatively further fair housing.

B. Detailed Description:

CSA shall provide the following deliverables during the contract period.

13 City of Chula Vista Agreement No.: 22-027
Service Provider Name: CSA SAN DIEGO COUNTY Rev. 2/4/21

Task Description Deliverables Completion Date
1 Housing Element Fair
Housing Outreach Goals
• Develop pocket guide materials in English,
Spanish, and Tagalog of tenant protection
resources for distribution and updating as
needed.
• Identify and meet with a minimum of six (6)
potential partners in the community
including at least two (2) housing service
providers to focus on tenant landlord
concerns.
• Conducting a minimum of four (4)
tenant/landlord trainings for community
residents per year, including at least one (1)
in Spanish.
• Holding a minimum of two (2) property
manager trainings per year.
• Work with the City of Chula Vista’s Office
of Communications to ensure that the City
of Chula Vista social media informs
residents and landlords on where to seek
help for tenant/landlord disputes.
• Work with the City to update the City of
Chula Vista’s website to include additional
information on State Source of Income
Protections (SB 329 AND SB229 and any
additional pertinent ordinances) along with
referral information to fair housing agencies.

June 30, 2023
2 Housing Element
Outreach to Inform
Policy
Identify common concerns and issues faced by
housing service providers and tenants in tenant
landlord concerns which might result in
displacement or further segregation:

• 3 Focus groups with targeted residents based
on low income to discuss and identify
common concerns and issues faced by
residents in key low income, minority
concentrated and LMI household areas.
• 3 focus groups with housing service
providers in same areas to discuss and
identify common concerns and issues faced
by residents in key low income, minority
concentrated and LMI household areas.
• 1 Town hall inclusive of key partners
providing housing service and local
community organizations to share and
discuss the common concerns and issues
faced by both residents and housing service
providers in key low income, minority
concentrated and LMI household areas.

June 30, 2023
14 City of Chula Vista Agreement No.: 22-027
Service Provider Name: CSA SAN DIEGO COUNTY Rev. 2/4/21

3 Housing Element
Resource Education
• Promote the City’s rent review program for
eligible mobile home residents (Chapter

9.50 of the Chula Vista Municipal Code)
and conduct at least two (2) educational
events at parks annually, including at least
three (3) events at mobile home parks within
the RECAP CT within the planning period.
• Promote the City’s Emergency Rental
Assistance, Utility Assistance and Tenant
Based Rental Assistance programs to special
needs populations and the community at
large, assisting up to 20 households
annually.
• Consider local regulations to increase tenant
protections within the City related to just
cause, Ellis Act and anti-harassment laws.

June 30, 2023
4 Complaint Data
Collection
• Track HUD approved categories related to
tenant landlord issues/disputes. A Client
Management System (Database) is built and
updated to follow HUD requirements. This
includes client notes, demographics,
sessions, and counseling outcomes. Agency
is also able to add limited categories based
on Chula Vista’s requirements to assist the
agency in identifying housing issue patterns,
such as but not limited to: no fault evictions
for substantial rehabilitation, demotion and
removal from market.
• Follow up with tenants of Chula Vista who
have identified tenant landlord issues and
received counseling to track how tenants
indicate the result of their counseling is
working inclusive of maintaining home,
mediated move or displacement etc.
• Provide specific case management to tenant
landlord complaints to continuously follow
up with clients on the processing of the
housing issues to ensure they issues are
adequately resolved.
• Establish protocols to identify housing
issues in Chula Vista. This will include
additional tracking, updating and following
up with counselor to make sure that accurate
information is being inputted into the
database. This potential staff member would
be in charge of pulling quarterly reports.

They may also be in charge of client follow
up after counseling sessions end, this is to
see if the agency's counseling/outreach has
impacted the tenant's housing situation.

Ongoing during contract
term
15 City of Chula Vista Agreement No.: 22-027
Service Provider Name: CSA SAN DIEGO COUNTY Rev. 2/4/21

• Tracking and verifying the results of tenants
as they navigate tenant landlord concerns
based.

3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin July 1, 2022 and end on June 30, 2023 for completion of all Required Services.

4. Compensation:

A. Form of Compensation

☒ Single Fixed Fee. For performance of all of the Required Services by Contractor/Service Provider as herein required, City shall pay a single fixed fee of $40,000, upon completion of all Required Services to City’s satisfaction.

B. Reimbursement of Costs

☒ Invoiced or agreed-upon amounts as follows: $10,000 quarterly

Notwithstanding the foregoing, the maximum amount to be paid to the Contractor/Service Provider for services performed through June 30, 2023 shall not exceed $40,000.

5. Special Provisions:

☐ Permitted Sub-Contractor/Service Providers: None

☐ Security for Performance: None

☒ Notwithstanding the completion date set forth in Section 3 above, City has option to extend this Agreement for one additional terms, defined as a one-year increment or until June 30, 2024. The City Manager or Director of Finance/Treasurer shall be authorized to exercise the extensions on behalf of the City. If the City exercises an option to extend, each extension shall be on the same terms and conditions contained herein, provided that the amounts specified in Section 4 above may be increased by up to $0 for each extension. The City shall give written notice to Contractor/Service Provider of the City’s election to exercise the extension via the Notice of Exercise of Option to Extend document. Such notice shall be provided at least 30 days prior to the expiration of the term.

☐ Other:

☐ None

16 City of Chula Vista Agreement No.: 22-027
Service Provider Name: CSA SAN DIEGO COUNTY Rev. 2/4/21

EXHIBIT B

INSURANCE REQUIREMENTS

Contractor/Service Provider shall adhere to all terms and conditions of Section 3 of the Agreement and agrees to provide the following types and minimum amounts of insurance, as indicated by checking the applicable boxes (x).

Type of Insurance Minimum Amount Form
☒ General Liability:

Including products and
completed operations,
personal and
advertising injury
$2,000,000 per occurrence for
bodily injury, personal injury
(including death), and property
damage. If Commercial General
Liability insurance with a general
aggregate limit is used, either the
general aggregate limit must apply
separately to this Agreement or the
general aggregate limit must be
twice the required occurrence limit

Additional Insured Endorsement
or Blanket AI Endorsement for
City*

Waiver of Recovery Endorsement
Insurance Services Office Form
CG 00 01

*Must be primary and must not
exclude Products/Completed
Operations
☐ Automobile Liability $1,000,000 per accident for bodily injury, including death, and
property damage
Insurance Services Office Form
CA 00 01
Code 1-Any Auto
Code 8-Hired
Code 9-Non Owned
☒ Workers’
Compensation
Employer’s Liability
$1,000,000 each accident
$1,000,000 disease policy limit
$1,000,000 disease each employee
Waiver of Recovery Endorsement

Other Negotiated Insurance Terms: NONE

17 City of Chula Vista Agreement No.: 22-027
Service Provider Name: CSA SAN DIEGO COUNTY Rev. 2/4/21

EXHIBIT C

CONTRACTOR/SERVICE PROVIDER CONFLICT OF INTEREST DESIGNATION

The Political Reform Act 1 and the Chula Vista Conflict of Interest Code 2 (“Code”) require designated state and local government officials, including some Contractor/Service Providers, to make certain public disclosures using a Statement of Economic Interests form (Form 700). Once filed, a Form 700 is a public document, accessi ble to any member of the public. In addition, Contractor/Service Providers designated to file the Form 700 are also required to comply with certain ethics training requirements.3

☐ A. Contractor/Service Provider IS a corporation or limited liability company and is therefore EXCLUDED 4 from disclosure.
☒ B. Contractor/Service Provider is NOT a corporation or limited liability company and disclosure designation is as follows:

APPLICABLE DESIGNATIONS FOR INDIVIDUAL(S) ASSIGNED TO PROVIDE SERVICES (Category descriptions available at www.chulavistaca.gov/departments/city-clerk/conflict-of-interest-code.)

Name Email Address Applicable Designation
CSA San Diego [email protected] ☐ A. Full Disclosure
☐ B. Limited Disclosure (select one or more of
the categories under which the Contractor shall
file):
☐ 1. ☐ 2. ☐ 3. ☐ 4. ☐ 5. ☐ 6. ☐ 7.

Justification:

☒ C. Excluded from Disclosure

1. Required Filers
Each individual who will be performing services for the City pursuant to the Agreement and who meets the definition of “Contractor/Service Provider,” pursuant to FPPC Regulation 18700.3, must file a Form 700.

2. Required Filing Deadlines
Each initial Form 700 required under this Agreement shall be filed with the Office of the City Clerk via the City's online filing system, NetFile, within 30 days of the approval of the Agreement. Additional Form 700 filings will be required annually on April 1 during the term of the Agreement, and within 30 days of the termination of the Agreement.

3. Filing Designation
The City Department Director will designate each individual who will be providing services to the City pursuant to the Agreement as full disclosure, limited disclosure, or excluded from disclosure, based on an analysis of the services the Contractor/Service Provider will provide. Notwithstanding this designation or anything in the Agreement, the Contractor/Service Provider is ultimately responsible for complying with FPPC regulations and filing requirements. If you have any questions regarding filing requirements, please do not hesitate to contact the City Clerk at (619)691-5041, or the FPPC at 1-866-ASK-FPPC, or (866) 275-3772 *2.

Pursuant to the duly adopted City of Chula Vista Conflict of Interest Code, this document shall serve as the written determination of the Contractor’s requirement to comply with the disclosure requirements set forth in the Code.

Completed by: Stacey Kurz, Housing Manager

1 Cal. Gov. Code §§81000 et seq.; FPPC Regs. 18700.3 and 18704. 2 Chula Vista Municipal Code §§2.02.010-2.02.040.
3 Cal. Gov. Code §§53234, et seq.
4 CA FPPC Adv. A-15-147 (Chadwick) (2015); Davis v. Fresno Unified School District (2015) 237 Cal.App.4th 261; FPPC Reg. 18700.3 (Consultant defined as an “individual” who participates in making a governmental decision; “individual” does not incl ude corporation or limited liability company).

Chula Vista City CouncilMay 17, 2022

Chula Vista City Council
May 17, 2022