City of Chula Vista - City Council
May 19, 2026 Post City Council/Housing Authority/Successor Agency Agenda OMB Control No: 2506-0117 (exp. 09/ 30/ 2021)
funds, and other resources to address obstacles to meeting underserved needs, foster and maintain affordable housing, reduce lead-based paint hazards, reduce the number of poverty-level families, develop institutional structure, and enhance coordination between public and private housing and social service agencies. The City will continue to coordinate the housing strategy with local and regional transportation planning strategies to ensure to the extent practicable that residents of affordable housing have access to public transportation.
City of Chula Vista - City Council
May 19, 2026 Post City Council/Housing Authority/Successor Agency Agenda OMB Control No: 2506-0117 (exp. 09/ 30/ 2021)
Program Specific Requirements
AP-90 Program Specific Requirements – 91.220(l)(1,2,4)
Introduction:
The City of Chula Vista, as an entitlement jurisdiction, receives Community Development Block Grant CDBG), Home Investment Partnership Act (HOME), and Emergency Solutions Grant (ESG) funds from the U.S Department of Housing and Urban Development ( HUD). Described below are the Program Specific Requirements for each of these programs. In the implementation of programs and activities under the FY 2026-2027 Annual Action Plan, the City will follow all HUD regulations concerning the use of program income, forms of investment, overall low- and moderate- income benefit for the CDBG program and recapture requirements for the HOME program. Eligible applicants for CDBG, HOME, and ESG assistance include subrecipients who may carry out programs to benefit program beneficiaries on behalf of the City. Applications from interested subrecipients may be solicited by the City directly or via published Notices of Funds Availability at the discretion of the City. Eligible beneficiaries for CDBG or HOME funded Housing Rehabilitation or First-Time Homebuyer Programs include households earning less than 80 percent of AMI. Eligible participants are those who have not previously owned a home through the City’s First-Time Homebuyer Program and those who reside in a single-family owneroccupied housing unit through the City’s Housing Rehabilitation Program. Awarded funds will be awarded on a first come first serve basis to eliminate favoritism. A client waiting list will be established in the event of limited funds for any specific program. The City’ s HOME programs will be advertised via flyers, notification on the City’ s website, cold calls, and if necessary, publication in a newspaper of general circulation. The City will also conduct program workshops as necessary to solicit prospective applicants. Program guidelines and applications for all programs may be obtained in person at the City’ s Housing and Homeless Services Department located at City Hall or on the City’s website. Prospective subrecipients, beneficiaries and developers may obtain more information on the City website.
Community Development Block Grant Program ( CDBG)
Reference 24 CFR 91.220(l)(1)
Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out.
program year and that has not yet been reprogrammed 0
address the priority needs and specific objectives identified in the grantee' s strategic plan. 0
City of Chula Vista - City Council
May 19, 2026 Post City Council/Housing Authority/Successor Agency Agenda OMB Control No: 2506-0117 (exp. 09/ 30/ 2021)
4. The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan 0
Total Program Income: 0
Other CDBG Requirements
1. The amount of urgent need activities 0
2. The estimated percentage of CDBG funds that will be used for activities that benefit persons of low and moderate income. Overall Benefit - A consecutive period of one, two or three years may be used to determine that a minimum overall benefit of 70% of CDBG funds is used to benefit persons of low and moderate income. Specify the years covered that include this Annual Action Plan.
Years Covered
2026-27
80% LMI
Benefit
HOME Investment Partnership Program ( HOME)
Reference 24 CFR 91.220(l)(2)
I. A description of other forms of investment being used beyond those identified in Section 92.205 is as follows:
Other forms of investment being used by the City is the match provided for HOME-funded housing activities. The City is required to provide a 25 percent match for HOME funds used for rental assistance, housing rehabilitation, and acquisition and rehabilitation of housing. Some examples include land value (donated), on and off-site improvements, waiver of local and state taxes or fees, low-interest loans below market, inclusionary housing obligations. Most commonly, the City's match funds are generally generated through housing developer contributions, prior Low/ Moderate Income Set-Aside funds from the State, and individual first-time homebuyer private funds. Specific match dollar amounts are reported to HUD in the CAPER though its submittal of the HUD forms 40107-A HOME Match Log. The City will be releasing a Notice Funding Availability to all Certified Community Housing Developer Organizations to leverage with the available HOME funds. The City of Chula Vista does not use HOME funds in any other manner than described in 24 CFR Part 92.205.
II. A description of the guidelines that will be used for resale or recapture of HOME funds when used for homebuyer activities as required in 92.254, is as follows:
Recapture Requirements: If the housing does not continue to be the principal residence of the homebuyer for the duration of the period of affordability, the City of Chula Vista (“ City”) may recapture the entire amount of HOME assistance from the homebuyer, subject to the limitation that when the recapture requirement is triggered by a sale (voluntary or involuntary) of the property, and there are no net proceeds, or the net proceeds are insufficient to repay the HOME funds due,
City of Chula Vista - City Council
May 19, 2026 Post City Council/Housing Authority/Successor Agency Agenda OMB Control No: 2506-0117 (exp. 09/ 30/ 2021)
the City can only recapture what is available from net proceeds. The net proceeds are calculated as the sales price minus superior loan repayments ( other than HOME funds) and any closing costs. The property will no longer be subject to the affordability requirements after the City has recaptured the HOME funds in accordance with the 24 CFR 92.254(5)(ii). For more specific details, refer to the Chula Vista homebuyer program recapture option which is processed in accordance with the requirements of 24 CFR 92.254 of the HOME Regulations.
III. A description of the guidelines for resale or recapture that ensures the affordability of units acquired with HOME funds? See 24 CFR 92.254(a)(4) are as follows:
See discussion above.
IV. Plans for using HOME funds to refinance existing debt secured by multifamily housing that is rehabilitated with HOME funds along with a description of the refinancing guidelines required that will be used under 24 CFR 92.206(b), are as follows:
The following are conditions under which the City’s HOME’ s program will allow a refinance existing debt secured by multi-family housing that is being rehabilitated with HOME funds: (a) Residential rehabilitation shall be the primary eligible activity for refinance consideration. The required minimum ratio between rehabilitation and refinancing is 1.05. (b) Management practices shall be reviewed to demonstrate that disinvestments in the property have not occurred, that the long-term needs of the project can be met, and that the feasibility of serving the targeted population over an extended affordability period can be demonstrated. ( c) New investment shall be made to maintain current affordable units or to create additional affordable units. (d) The Program statutory minimum period of affordability shall be those imposed in accordance with 24 CFR 92.252 of the HOME Regulations. The City typically imposes a HUD affordable period of 20 years. However, other funding sources may require an extended period of affordability and program compliance period of 55 years. (e) The investment of HOME funds shall be within the geographic area of the City.
However, HOME funds could be used outside the geographic area of the City if it can be demonstrated that there is a regional benefit to residents of the City on a case-by-case basis. (f) HOME funds cannot be used to refinance multi-family loans made or insured by any federal program, including the CDBG Program.
V. If applicable to a planned HOME TBRA activity, a description of the preference for persons with special needs or disabilities. ( See 24 CFR 92.209(c)(2)(i) and CFR 91.220(l)(2)(vii)).
The City does not require a preference for persons with special needs or disabilities for HOME TBRA activities.
VI. If applicable to a planned HOME TBRA activity, a description of how the preference for a specific category of individuals with disabilities ( e.g. persons with HIV/ AIDS or chronic mental illness) will narrow the gap in benefits and the preference is needed to narrow the gap in benefits and
City of Chula Vista - City Council
May 19, 2026 Post City Council/Housing Authority/Successor Agency Agenda OMB Control No: 2506-0117 (exp. 09/ 30/ 2021)
services received by such persons. (See 24 CFR 92.209(c)(2)(ii) and 91.220(l)(2)(vii)).
The City does not require a preference for persons with a specific category of individuals with disabilities for HOME TBRA activities.
VII. If applicable, a description of any preference or limitation for rental housing projects. (See 24 CFR 92.253(d)(3) and CFR 91.220(l)(2)(vii)). Note: Preferences cannot be administered in a manner that limits the opportunities of persons on any basis prohibited by the laws listed under 24 CFR 5.105(a).
The City does not define any preference or limitation for rental housing projects.
Emergency Solutions Grant (ESG)
Reference 91.220(l)(4)
Include written standards for providing ESG assistance ( may include as attachment) Refer to written standards attached.
If the Continuum of Care has established centralized or coordinated assessment system that meets HUD requirements, describe that centralized or coordinated assessment system.
The San Diego City and County Continuum of Care (hereinafter referred to as the “CoC”) includes all of the geography within the County of San Diego, including the City of Chula Vista. The City of Chula Vista is required to consult with the CoC on funding priorities using ESG funds. The U.S. Department of Housing and Urban Development ( HUD) charges communities that receive funds under the Homeless Continuum of Care Program ( hereinafter referred to as “ CoC Program”) of the Homeless Emergency Assistance and Rapid Transition to Housing Act (HEARTH Act) with specific responsibilities. Section 578.5 of the HEARTH Interim Rule published in July2012 (Interim Rule), defines a Continuum of Care (CoC) as “ the group organized to carry out the responsibilities required under this part and that is composed of representatives of organizations, including nonprofit homeless providers, victim service providers, faith-based organizations, governments, businesses, advocates, public housing agencies, school districts, social service providers, mental health agencies, hospitals, universities, affordable housing developers, law enforcement, organizations that serve homeless and formerly homeless veterans, and homeless and formerly homeless persons to the extent these groups are represented within the geographic and are available to participate.” Relevant organizations in the San Diego CoC Region established the Regional Continuum of Care Council (RCCC) in 1998, which has served as the CoC coordinating body acknowledged by HUD. Planning and operations of the San Diego CoC have historically been facilitated through the RCCC, an unincorporated association as defined under Section 18035 of the California Corporations Code. As a result, the general operations of the CoC have been guided through the By Laws, structure, and action of the RCCC.
City of Chula Vista - City Council
May 19, 2026 Post City Council/Housing Authority/Successor Agency Agenda OMB Control No: 2506-0117 (exp. 09/ 30/ 2021)
Identify the process for making sub-awards and describe how the ESG allocation available to private nonprofit organizations ( including community and faith-based organizations).
The City of Chula Vista releases a funding of Notice Availability inviting all non-profit organizations who serve eligible ESG clients to submit a proposal. The process below is included in the City’ s Federal Grants Administrative Manual attached.
If the jurisdiction is unable to meet the homeless participation requirement in 24 CFR 576.405(a), the jurisdiction must specify its plan for reaching out to and consulting with homeless or formerly homeless individuals in considering policies and funding decisions regarding facilities and services funded under ESG.
Not applicable. The City has met the homeless participation requirement.
Describe performance standards for evaluating ESG.
The ESG entitlement areas and the RCCC have established the following cross- jurisdictional strategies for use of the ESG funds in ways that that set performance standards for each subrecipient:
Further the accomplishment of actions identified in the Consolidated Plan of each jurisdiction.
Foster greater access to permanent housing, especially helping people access housing that is affordable at 30% area median income.
Leverage existing resources to achieve the match and case management requirements and to avoid duplication of services.
Coordinate across jurisdictions for development of standardized eligibility and assessment standards and by convening semiannual regional planning meetings.
Support federal and local goals for priority populations, including but not limited to veterans, persons with disabilities, families, and others.
Allow for variations in ESG entitlement programs that respond to the needs and resources of the individual jurisdictions.
Comply with eligibility and verification requirements and locally established standards ( HMIS, housing status, habitability standards, homeless definitions, etc.).
Allows each program to take responsibility for program administration including compliance with public notice requirements and timely reporting.
Encourages all subrecipients to participate in collaborative assessment, coordinated entry, data management, and reporting systems established by the RCCC in accordance with HEARTH regulations.
Supports timely and accurate data collection and reporting through contractual obligations with subrecipients, and through establishing common standards for vendor relationships with the HMIS Lead.
City of Chula Vista - City Council
May 19, 2026 Post City Council/Housing Authority/Successor Agency Agenda Appendix A
SF 424s
CDBG, HOME, ESG)
SF-424s. To be signed following Council approval.
City of Chula Vista - City Council
May 19, 2026 Post City Council/Housing Authority/Successor Agency Agenda Appendix B
Certifications
CDBG, HOME, ESG)
Certifications to be signed after Council approval.
City of Chula Vista - City Council
May 19, 2026 Post City Council/Housing Authority/Successor Agency Agenda Appendix C
Proof of Publications and Citizen Participation/ Comments
City of Chula Vista - City Council
May 19, 2026 Post City Council/Housing Authority/Successor Agency Agenda
City of Chula Vista - City Council
May 19, 2026 Post City Council/Housing Authority/Successor Agency Agenda
NOTICE OF PUBLIC HEARING
CITY COUNCIL
CITY OF CHULA VISTA
NOTICE IS HEREBY GIVEN that the City Council of the City of Chula Vista will conduct a public hearing to consider the following matter:
Housing Grant Funding: Receive Recommendations for the Fiscal Year 2026/2027 U.S. Department of Housing and Urban Development Annual Action Plan
HEARING INFORMATION
Date and Time: April 14, 2026 at 5:00 p.m.
Location: Council Chambers, City Hall, 276
Fourth Avenue, Chula Vista
Public Testimony:
In-Person: Interested persons wishing to express
their views on the matter described above will be
given an opportunity to do so at the public hearing.
Written Comments: Comments may be mailed or
delivered to: City of Chula Vista, City Clerk Kerry
Bigelow, 276 Fourth Ave, Chula Vista, CA 91910.
Comments must be received by the City Clerk
before the close of the public hearing.
ENVIRONMENTAL NOTICE
The activity is not a “Project” as defined under
Section 15378 of the California Environmental
Quality Act State Guidelines. Therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Under the National Environmental Policy Act, 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.
ACCESSIBLE PUBLIC MEETINGS
Written agenda materials in appropriate alternative formats, or disability-related modifications or accommodations, including auxiliary aids or services, to enable individuals with disabilities to participate in public meetings or services will be
provided upon request. Please contact
[email protected] or (619) 691-5041
California Relay Service is available for the hearing impaired by dialing 711) at least forty-eight hours in advance of the meeting so that arrangements may be made.
NOTE
If you wish to challenge the City’s action on these
matters in court, you may be limited to raising
only those issues you or someone else raise at
the public hearing described in this notice, or in
written correspondence delivered to the Office of
the City Clerk at or prior to the public hearing.
CV162257 4/3/2026
City of Chula Vista - City
Council
May 19, 2026 Post
NOTICE OF PUBLIC REVIEW
OF THE
CITY OF CHULA VISTA
2026/ 2027 ANNUAL ACTION PLAN
FOR THE CDBG, HOME, AND ESG
FEDERAL GRANT PROGRAMS
NOTICE IS HEREBY GIVEN that the City of
Chula Vista has prepared and released the
2026/2027 Annual Action Plan (AAP) for a 30-
day review period commencing on March 13,
2026, and ending April 14, 2026.
The AAP is a planning document which sets local strategies and funding priorities for use of the Community Development Block Grant (CDBG),
Emergency Solutions Grant (ESG) and Home Investment Partnerships Act (HOME) programs.
The AAP specifically describes how Chula Vista
will spend federal resources over a one-year period for activities serving low/ moderate-income persons, the homeless, and persons with special
needs.
You may access the Draft Plan through the City
of Chula Vista Housing website at
http://www.chulavistaca.gov or by contacting
Dania Gonzalez, Principal Management Analyst
at [email protected].
NOTIFICACIÓN DE REVISIÓN PÚBLICA
DEL PLAN DE ACCION ANUAL 2026/ 2027
PARA CDBG, HOME, Y ESG
PROGRAMAS DE SUBVENCIONES FEDERALES
DE LA CIUDAD DE CHULA VISTA
POR LA PRESENTE SE NOTIFICA que la
Ciudad de Chula Vista ha preparado y publicado
el Plan de Acción Anual (AAP, por sus siglas en
inglés) del año 2026/2027 para un periodo de
revisión de 30 días que comienza el 13 de marzo del 2026 y termina el 14 de abril del 2026.
El AAP es un documento de planificación que establece las estrategias locales y las prioridades de financiamiento para el uso de los programas
de Subvenciones en Bloque para el Desarrollo
Comunitario (CDBG), Subvenciones para Soluciones de Emergencia (ESG) y la Ley de Asociaciones de Inversión en Vivienda (HOME).
El AAP describe específicamente cómo Chula
Vista invertirá los recursos federales durante un
año en actividades que beneficien a personas de
ingresos bajos o moderados, personas sin hogar
y personas con necesidades especiales.
Puede acceder al informe preliminar a través del
sitio web de vivienda de la ciudad de Chula Vista
en http://www.chulavistaca.gov o comunicándose
con Dania Gonzalez, Principal Management Analyst en [email protected].
CV161637 3/13/2026
City of Chula Vista - City
Council
May 19, 2026 Post
City of Chula Vista - City Council
May 19, 2026 Post City Council/Housing Authority/Successor Agency Agenda
City of Chula Vista - City Council
May 19, 2026 Post City Council/Housing Authority/Successor Agency Agenda
City of Chula Vista - City Council
May 19, 2026 Post City Council/Housing Authority/Successor Agency Agenda
City of Chula Vista - City Council
May 19, 2026 Post City Council/Housing Authority/Successor Agency Agenda Upwards is the nation' s largest network offamily child care providers. We are grateful for the City to fund the Boost program as adirect investment in Chula Vista' s child care infrastructure, small business community, and working families.
Boost equips low- to-moderate income, in- home child care providers with one- on- one business coaching and digital tools tostrengthen their operations and grow their revenue. Providers work individually with experienced Care Specialists tobuild acustomized Business Action Plan — covering marketing, enrollment, nances, programming, staffing, and more. They also receive free access toour Child Care Management System, which streamlines day- to-day operations and improves programming quality.
The Result: Providers grow their small businesses, create local jobs, and expand access to affordable, quality care for working families in the community.
The Need in Chula Vista:
The child care shortage in Chula Vista is both afamily crisis and an economic one:
Access gap: 60% of children under six in Chula Vista lack access toalicensed child care slot, leaving thousands offamilies— especially mothers and single parents— unable tofully participate inthe workforce.
Low Wages: Child care workers in Chula Vista earn an average of $17.61 per hour, far below the wages of elementary educators. This wage gap drives high turnover and deepens the shortage.
An Urgent Need: Nationally, two- thirds of child care providers report difficulty meeting basic needs including food and housing — apressure Chula Vista providers know rsthand.
A Proven Model:
Boost has astrong track record. Across 30cities and counties, Upwards has mentored over 500 family child care providers, created 180 new jobs, helped providers increase revenue by anaverage of 25%, and expanded child care slots by 30–50% — all within the rst year ofimplementation.
Upwards is already operating inthe region and could launch in Chula Vista immediately upon receiving funding.
Learn More:
We encourage the Council tosupport staff’ s recommendation to fund the Boost program. We welcome the opportunity to meet with any Council Member toanswer questions and discuss how Boost can serve Chula Vista better. For providers or organizations who are interested inlearning more about the Boost program, please reach outtothe email below for more information.
Written Communications - Fuentes
Received 4/14/2026
City of Chula Vista - City Council
May 19, 2026 Post City Council/Housing Authority/Successor Agency Agenda Kat Fuentes, Director of Government Partnerships| kat@upwards. com
City of Chula Vista - City Council
May 19, 2026 Post City Council/Housing Authority/Successor Agency Agenda Rebecca Raider - Public Comment in support of HUD Fund Allocations 04/14/2026
City of Chula Vista - City Council
May 19, 2026 Post City Council/Housing Authority/Successor Agency Adam Reid - Public Comment in support of HUD Fund Allocations 04/14/2026
City of Chula Vista - City Council
May 19, 2026 Post City Council/Housing Authority/Successor Agency Appendix D
HOME- ARP Allocation Plan
City of Chula Vista - City Council
May 19, 2026 Post City Council/Housing Authority/Successor Agency Agenda Rev. 08/ 2025
HOME-ARP ALLOCATION PLAN
City of Chula Vista
Housing and Homeless Services
Director Stacey Kurz
City of Chula Vista - City Council
May 19, 2026 Post City Council/Housing Authority/Successor Agency Agenda 1 Contents
Executive Summary ............................................................................................................................ 2 Consultation....................................................................................................................................... 4 Consultation Process ................................................................................................................................. 4 Consultation Participation and Feedback .................................................................................................. 4 Summary of feedback received from consultation ................................................................................... 5 Public Participation ............................................................................................................................ 5 Public participation process description ................................................................................................... 6 Efforts to broaden public participation ..................................................................................................... 6 Summary of comments and recommendations received ......................................................................... 6 Summary of comments or recommendations not accepted..................................................................... 6 Needs Assessment and Gaps Analysis ................................................................................................. 7 Needs Assessment ..................................................................................................................................... 7 Current resources available ....................................................................................................................... 9 Unmet housing and service needs of qualifying population ..................................................................... 9 Gaps within the current shelter, housing inventory, and service delivery system .................................. 11 Priority needs for qualifying populations ................................................................................................ 11 Need and Gap Determination Process .................................................................................................... 11 HOME- ARP Activities ........................................................................................................................ 11 Method(s)that will be used for soliciting applications ............................................................................ 11 Administration of eligible activities ......................................................................................................... 12 HOME- ARP funds administered by a subrecipient or contractor ............................................................ 12 HOME- ARP funds distribution ................................................................................................................. 12 Plan rationale .......................................................................................................................................... 12 HOME-ARP Production Housing Goals .................................................................................................... 13 Preferences.............................................................................................................................................. 13 Referral Methods .................................................................................................................................... 13 Limitations ............................................................................................................................................... 14 HOME-ARP Refinancing Guidelines ......................................................................................................... 14
City of Chula Vista - City Council
May 19, 2026 Post City Council/Housing Authority/Successor Agency Agenda 2 Executive Summary
The American Rescue Plan (ARP) provides $5 billion to assist individuals or households who are homeless, at risk of homelessness, and other vulnerable populations, by providing housing, rental assistance, supportive services, and non-congregate shelter, to reduce homelessness and increase housing stability across the country. These grant funds are administered through HUD’s HOME Investment Partnerships Program (HOME). As an entitlement jurisdiction for a fiscal year 2021 HOME program allocation, the City of Chula Vista is also eligible to receive a HOME-ARP grant allocation for the fiscal year 2021 program year. Using the same HOME Program allocation formula HUD has determined that the City of Chula Vista will be receiving an allocation of $3,144,480, an increase of $4,703 from the initial allocation of $3,139,777. The new allocation amount will be reflected throughout the remainder of the plan.
Grants funds must be used to benefit individuals who are eligible according to the U.S.
Department of Housing and Urban Development (HUD) HOME-ARP guidelines. HUD has established four qualifying populations that the use of these funds must primarily benefit:
Homeless, as defined in section 103(a) of the McKinney-Vento Homeless Assistance Act 42 U.S.C. 11302(a));
At-risk of homelessness, as defined in section 401(1) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11360(1));
Fleeing, or attempting to flee, domestic violence, dating violence, sexual assault, stalking, or human trafficking, as defined by the Secretary; In other populations where providing supportive services or assistance under section 212(a) of the Act (42 U.S.C. 12742(a)) would prevent the family’ s homelessness or would serve those with the greatest risk of housing instability.
Along with these qualifying populations HUD also determined four eligible activities:
Production or Preservation of Affordable Housing;
Tenant-Based Rental Assistance ( TBRA);
Supportive Services, including services defined at 24 CFR 578.53(e), homeless prevention services, and housing counseling;
Purchase and Development of Non-Congregate Shelter. These structures can remain in use as non-congregate shelter or can be converted to: 1) emergency shelter under the Emergency Solutions Grant program; 2) permanent housing under the Continuum of Care; or 3) affordable housing under the HOME Program.
HOME-ARP funding is a subset of the general HOME Investment Partnership program which aims to expand housing options for low-income households. The HOME program is the federal government’ s largest grant designated to create new affordable housing units. The City receives approximately $ 900,000 in HOME funding annually, which is primarily allocated towards Tenant-Based Rental Assistance ( TBRA).
City of Chula Vista - City Council
May 19, 2026 Post City Council/Housing Authority/Successor Agency Agenda 3 The use of HOME-ARP funds is critical for Chula Vista at a time when the need for affordable housing and housing assistance is greater than ever. The City currently has an annual population growth of 12.5 percent, outpacing San Diego County’ s total growth rate of 7.8 percent. Overall, Chula Vista’s population is expected to increase by 40 percent by 2050. This rapid growth brings added pressure to existing housing challenges and homelessness within the City. Low- and moderate-income households are disproportionately impacted by this pressure, compared to those earning higher income; thus, there is a high need for housing assistance targeted at the 19,085 households earning at or below 80 percent of AMI experiencing housing problems. In addition, special needs groups like victims of domestic violence, disabled individuals, and those at risk of homelessness are more affected by these problems, as they tend to need supportive services in addition to affordable housing.
As of 2020 16,770 low- and moderate-income renter households in Chula Vista were experiencing overpayment for rent, in excess of 30% of their household incomes. 10,230 of these households experience a cost burden of more than 50% of household income. Overall, 48% of low- and moderate-income households in the City are defined as cost-burdened. These numbers translate to a significant number of households who are at-risk of homelessness within the City of Chula Vista.
Families with incomes below the poverty level, typically those households with extremely- low and very-low incomes, are at greatest risk of becoming homeless and typically require special programs to assist them in meeting their rent and mortgage obligations to prevent homelessness. The 2020 Census estimated 9.6 percent of the residents in Chula Vista as living in poverty. In comparison, the County of San Diego had 10.3 percent. Individuals with a disability in Chula Vista experience poverty at 16.7 percent. These households need assistance with housing subsidies, utility and other living expense subsidies, as well as other supportive services.
Victims of domestic violence are often severely impacted by these problems as well, as their incomes may drastically change if they must leave their job for safety and lose a partner, whom they may be sharing expenses with. According to the 2020 Point In Time Count for the County of San Diego, it is estimated that nearly 1,080 homeless adults were a victim of domestic violence at some point in the past, and an estimated 600 adult domestic violence victims were unsheltered on the night of the count. Shelters contracted through the City using HUD funds currently house around 389 victims of domestic violence, but the housing needs for this population are also expected to increase drastically.
The City surveyed and consulted with multiple community partners and members of the public to shape goals and objectives for HOME-ARP funding. Overall, this effort has influenced the City to prioritize production and preservation of affordable housing units. This is largely based on the perceived needs explained through outreach efforts and the City’s own gaps in existing funding opportunities and services.
City of Chula Vista - City Council
May 19, 2026 Post City Council/Housing Authority/Successor Agency Agenda 4 Based on the information above, the City’s priority housing need for qualifying populations is the development and preservation of affordable housing units. This includes housing units included in permanent supportive housing with wraparound services. The City of Chula Vista will use the $3,144,480 HOME-ARP allocation specifically for the development of permeant supportive housing units.
Consultation
Consultation Process
The City of Chula Vista consulted with relevant agencies and stakeholders that serve each of the qualifying populations within the jurisdiction and surrounding areas. These organizations include homeless service providers; domestic violence survivor service providers; substance use treatment providers; the local Continuum of Care; a local homelessness taskforce; veteran’s service providers; a public housing agency; and an organization that addresses fair housing, civil rights, and the needs of persons with disabilities. Providers were chosen based on services provided as well as ensuring there was a representative organization for each of the qualifying populations to be served, as shown in Table 1.
There were two surveys developed and distributed to solicit feedback on spending priorities for HOME-ARP funds, one at the beginning of 2022 and another in the later part of the year. The surveys were issued to the public as well as the above-mentioned providers through the San Diego Regional Taskforce on Homelessness. Additionally, a public presentation was given at the November 30, 2022 meeting of the San Diego Regional Taskforce on Homelessness meeting.
Consultation Participation and Feedback
Table 1 - Organizations consulted and feedback provided Agency/ Org
Consulted
Type of Agency/ Org Method of
Consultation
QP
Served
Feedback
Interfaith Shelter
Network of San
Diego
Homeless Service
Provider
Survey and
public meeting
QP #1 Permanent supportive
housing is needed
SBCS Corporation DV Service Provider Survey and
public meeting
QP #2, #3
and #4
Permanent supportive
housing is needed with
wrap around services
Alpha Project Homeless Service
Provider
Survey and
public meeting
QP #1 Permanent supportive
housing is needed
City of Chula Vista - City Council
May 19, 2026 Post City Council/Housing Authority/Successor Agency Agenda 5 McAllister Institute Substance Use Service
Provider
Survey and
public meeting
QP #1 Permanent supportive
housing is needed
San Diego Regional
Taskforce on
Homelessness
CoC Survey and
public meeting
QP #1 Permanent supportive
housing is needed
South Bay Homeless
Alliance
Homelessness
Taskforce
Survey and
public meeting
QP # 1
and #4
Permanent supportive
housing is needed
Veterans Village of
San Diego
Veteran’ s Group Weekly
meetings and
coordinated
outreach
Veterans Growing need for
additional sheltering for
homeless veterans..
San Diego Housing
Commission
Public Housing Agency Survey QP #1, #2,
and #4
The City’s goals of
producing more
affordable housing aligns
with their regional
approach to solving
displacement and
preventing
homelessness.
CSA San Diego Fair Housing
Organization
Survey QP #4 Permanent supportive
housing is needed.
Summary of feedback received from consultation
Nearly every consulted agency and service provider indicated a high need for supportive services and affordable housing. There is an abundance of need in the region for permanent supportive housing that combines the services that individuals need as well as housing that is affordable at individual income levels. The current housing shortage combined with a lack of available case management puts our vulnerable populations at risk even more than they already are.
Public Participation
The section below describes the public participation process, including information about and the dates of the public comment period and public hearing(s) held during the development of the plan:
Date(s) of public notice: 02/ 04/ 2022 and 11/ 11/ 2022 Public comment period: start date - 11/ 25/ 2022 end date - 12/ 25/ 2022 Date(s) of public hearing: 2/ 15/ 2022 & 2/ 14/ 2023
City of Chula Vista - City Council
May 19, 2026 Post City Council/Housing Authority/Successor Agency Agenda 6 Public participation process description
Information on HOME-ARP funds and their upcoming availability to the City of Chula Vista was made known to the public through a public participation process that follows the City’s Citizen Participation Plan. Additionally, public notices for comment and hearings were made available once at the beginning of 2022 and again later in the same year.
A 20-question survey was developed to solicit public feedback on eligible uses and spending priorities of the allocated HOME-ARP funds. This survey was made available through the City of Chula Vista social media on November 3, 2022, and shared with relevant stakeholders as well, as mentioned in the consultation summary.
The official public comment period began with a publication in the Star News on November 25, 2022, and will end on December 25, 2022. The cost allocation plan will also be included in the Staff report for a public hearing to be held on February, 14th, 2023 therefore any feedback received after the respective Council meeting will be incorporated into the cost allocation plan, as applicable.
Efforts to broaden public participation
The City’ s decisions to fund projects that directly benefit the residents of Chula Vista can only be accomplished through a thorough and transparent citizen participation process. Consistent with the Citizen Participation Plan, the City of Chula Vista continues to increase presence and promotion efforts on social media and in local news agencies. The City’s intention is that this increased engagement through social media platforms will increase resident and stakeholder participation in the City’ s efforts to provide informed funding decisions. The goal with this approach is to use as many means as possible to solicit public and partner-agency input on the decision- making processes with these funding opportunities.
Summary of comments and recommendations received
Overall, comments and survey results largely favored development of affordable housing and permanent supportive services for individuals experiencing homelessness. Survey respondents requested additional resources for permanent supportive housing and favored non-congregate housing options. Chula Vista residents recognize the growing need of affordable housing leveraged with supportive services that can assist the most vulnerable populations in our City and ultimately benefit the City as a whole. All Chula Vista residents are affected by the poor or inadequate living conditions that many of our low-income residents are experiencing, and the development of affordable housing can provide a dignified solution.
Summary of comments or recommendations not accepted
The City of Chula Vista did not reject any public comments or recommendations.
City of Chula Vista - City Council
May 19, 2026 Post City Council/Housing Authority/Successor Agency Agenda 7 Needs Assessment and Gaps Analysis
Needs Assessment
There is a growing need for affordable housing and supportive services in the City of Chula Vista. As the City’s population grows over the next two decades, existing housing challenges are expected to increase. This includes an increase in the number of homeless households and households at risk of becoming homeless. Detailed below are inventories on the City’s current housing needs and a gap analysis.
In August of 2021 the City conducted its own count of unsheltered persons. The August 18th, 2021, count totaled 792 persons meeting the definitions of homeless. Of these 792 individuals, 453 were sheltered and 339 were unsheltered. The unsheltered population of Chula Vista included 239 males, 89 females and 11 individuals of other or unknown gender. 50% of all homeless individuals had been homeless for 3 years or more and 55% percent of these individuals were experiencing homelessness for their first time. These are not being used for the gap analysis below, we are instead using the Federal Point in Time Count data, which is lower than our local count.
Table 2: Homeless Needs Inventory and Gap Analysis
Homeless
Current Inventory Homeless Population Gap Analysis
Family Adults Only Vets Family
HH ( at
least 1
child)
Adult
HH
w/o
child)
Vets Victims
of DV
Family Adults Only
of
Beds
of
Units
of
Beds
of
Units
of
Beds
of
Beds
of
Units
of
Beds
of
Units
Emergency
Shelter
0 0 95 0 0
Transitional
Housing
0 0 121 0 0
Permanent
Supportive
Housing
0 0 0 0 0
Other
Permanent
Housing
0 0 0 0 0
Sheltered
Homeless
81 5 17 0
Unsheltered
Homeless
6 200 0 0
Current Gap 0 0 93 0
City of Chula Vista - City Council
May 19, 2026 Post City Council/Housing Authority/Successor Agency Agenda 8 Data Sources: 1. 2022 Point in Time Count ( PIT); 2. Continuum of Care Housing Inventory Count ( HIC); 3. Consultation Table 3: Housing Needs Inventory and Gap Analysis
Non-Homeless
Current Inventory Level of Need Gap Analysis
of Units # of Households # of Households
Total Rental Units 34,883
Rental Units Affordable to HH at 30% AMI (AtRisk of Homelessness) 0 Rental Units Affordable to HH at 50% AMI ( Other
Populations)
2,179
0%-30% AMI Renter HH w/ 1 or more severe
housing problems
At-Risk of Homelessness)
9,200
30%-50% AMI Renter HH w/ 1 or more severe
housing problems
Other Populations)
9,170
Current Gaps 18,370
Data Sources: 1. 2021 American Community Survey Estimates ( ACS); 2. 2015- 2019 Comprehensive Housing Affordability Strategy ( CHAS); 3. Chula Vista Housing Element 2021- 2029 Qualifying populations size and demographic information Homeless as defined in 24 CFR 91.5
As of the 2022 Point in Time Count, there were 309 homeless individuals staying in both sheltered and unsheltered conditions.
At Risk of Homelessness as defined in 24 CFR 91.5
As of 2020, there were 12,015 households in the City making less than 30% AMI. Of these, 9,755 households, or 81%, had a housing problem such as a cost burden greater than 30%, more than one person per room, or lacking facilities like plumbing or a kitchen.
Fleeing, or Attempting to Flee, Domestic Violence, Dating Violence, Sexual Assault, Stalking, or Human Trafficking, as defined by HUD in the Notice
1,257 residents of Chula Vista contacted SBCS Corporation in fiscal year 2022 for specific housing needs. SBCS is Chula Vista’s primary resource for victims of domestic violence and partner in providing services to other low-income populations. SBCS currently operates two domestic violence shelters within the City.
City of Chula Vista - City Council
May 19, 2026 Post City Council/Housing Authority/Successor Agency Agenda 9 Other populations requiring services or housing assistance to prevent homelessness and other populations at greatest risk of housing instability, as defined by HUD in the Notice The City serves many households who have previously been qualified as homeless and who are currently housed due to temporary financial assistance or services. This includes 29 individuals currently receiving Tenant-Based Rental Assistance.
According to the City’ s 2020-2025 Consolidated Plan there were 110 veterans currently receiving Housing Vouchers, with 14 being elderly and 33 being disabled.
Current resources available
The City of Chula Vista currently employs a hotel/motel voucher program for individuals in need of a transitional living solution as they move into a permanent housing unit. Additionally, there is an active HOME-funded tenant-based rental assistance ( TBRA) program available for lowincome households which helps provide a temporary hand -up for 12-24 months as households achieve self-sufficiency. There are also 20 permanent supportive units at the Casa Anita project with more units currently being planned for production within the next few years. The City also continues to monitor and keep the existing affordability covenants for 2,179 units across the City, with more affordability restricted units in development. In addition to each of these efforts, the City of Chula Vista is also in the process of constructing a non -congregate 60-bed bridge shelter for homeless individuals that are working towards a permanent housing solution.
The shelter will contain wrap-around services for each program participant as well as key infrastructure to serve as a navigation center to provide key resources.
Unmet housing and service needs of qualifying population.
Homeless as defined in 24 CFR 91.5
Chula Vista leverages several resources for individuals living in homelessness, however there are still many unmet housing and service needs, paired with a growing homeless population. As an entitlement jurisdiction, the City receives approximately $ 400,000 is Emergency Solutions Grant (ESG) funding each year. ESG funds in Chula Vista are primarily used for homeless prevention, homeless shelter operations, and shelter rehabilitation projects. The City also utilizes its Community Development Block Grant (CDBG) allocation for similar purposes including homeless services and a hotel/motel voucher program. Despite the use of these funds for homeless services and shelters, there are still major gaps in the availability of permanent supportive housing and affordable units for this population. As many as 93 additional shelter
City of Chula Vista - City Council
May 19, 2026 Post City Council/Housing Authority/Successor Agency Agenda 10 beds are needed to house homeless individuals. This gap is expected to rise as the homeless population in Chula Vista increases over the next five years.
At Risk of Homelessness as defined in 24 CFR 91.5
There are not enough affordable units throughout the City to assist individuals and families at risk of homelessness. Approximately 14,885 households experience a housing cost burden greater than 50% of their household income. Currently, the City maintains covenants restricting the affordability of around 3,110 rental units in the city. With an increasing population and increased costs for renter and homeowners, this number is not expected to be sufficient for the number of households in Chula Vista in need of more affordable housing. As many as 12,261 affordable units may be needed to serve this population.
Fleeing, or Attempting to Flee, Domestic Violence, Dating Violence, Sexual Assault, Stalking, or Human Trafficking, as defined by HUD in the Notice
Domestic Violence (DV) is one of the top crimes in the City of Chula Vista. It is the number two type of police call for service. Each year, there are more than 3,700 incidents, with about 1,200 of those incidents resulting in actual crimes. Assuming each of the crime calls referenced is an unduplicated household, it is likely that approximately 1,200 households in Chula Vista may need to relocate, possibly with minor children and may require temporary housing assistance.
According to the City’s last Consolidated Annual Performance Evaluation Report (CAPER), the South Bay Community Services Family Violence Program assisted 513 victims of domestic violence, which indicates that many victims may not seeking help and/ or there may be a barrier to obtaining legal help.
While the City partners with SBCS Corporation on the operation of two domestic violence shelters, there is a need for more transitional housing and permanent supportive shelter options for this population.
Other populations requiring services or housing assistance to prevent homelessness and other populations at greatest risk of housing instability as defined by HUD in the Notice The number of households in this category is currently growing in Chula Vista. Households previously qualified as “ homeless” may be currently housed through the following options:
Chula Vista Seven - a project consisting of seven scattered housing units designated for extremely low-income households [ 0 – 30% of area median income (“ AMI”)], which are now occupied by previously homeless families, who are finding their way back to self-sufficiency.
City of Chula Vista - City Council
May 19, 2026 Post City Council/Housing Authority/Successor Agency Agenda 11 Hotel/ Motel Voucher Program - Understanding the critical need of emergency shelter beds, an alternative was created with voucher program funding, providing up to 28 days of a safe space for our Homeless Outreach Team and clients to work together towards stabilization.
Tenant-Based Rental Assistance Program - For those requiring longer term housing assistance, HOME funds were earmarked to provide up to twenty-four months of rental assistance.
Gaps within the current shelter, housing inventory, and service delivery system
Additional Characteristics Refining the definition of “Other Populations”:
The City’s Consolidated Plan does not provide additional characteristics associated with instability and an increased risk of homelessness, therefore there are no additional characteristics refining the definition of the fourth “ other” qualifying populations.
Priority needs for qualifying populations
Based on feedback from community partners and the public, the City has determined that in addition to affordable housing the greatest needs for all four qualifying populations are more wrap around services such as mental health care, housing navigation, and drug rehabilitation options, among others.
Need and Gap Determination Process
The City determined the need for mental health care, housing navigation, and drug rehabilitation services through HMIS data and individual interviews with homeless individuals who are clients of the City’s Homeless Outreach Team. The City also receives input and feedback from our various nonprofit and social service partners.
HOME- ARP Activities
Method(s)that will be used for soliciting applications
The City will issue a standard request for proposals (RFP) to solicit bids from qualified developers who want to construct affordable housing or complete affordable housing conversions in Chula Vista. The City will also release RFPs for qualified service providers once the units have been constructed or converted. The RFPs will be published in the City’s public bid software, PlanetBids. The City’s Finance Department’ s Procurement team will facilitate a
City of Chula Vista - City Council
May 19, 2026 Post City Council/Housing Authority/Successor Agency Agenda 12 contractor selection process that will include a panel of subject experts who will each rank submitted bids on qualification and costs. Qualified bidders will then be interviewed to determine which bidder is preferred for project development.
Administration of eligible activities
The City of Chula Vista will oversee the administration of the permanent supportive housing project by a qualified contractor. Oversight will include monitoring compliance with program regulations for tenant selection and affordability restrictions as well as the availability of supportive services.
HOME-ARP funds administered by a subrecipient or contractor The City of Chula Vista’s HOME-ARP allocation will not be administered through a subrecipient.
Table 4: Use of HOME-ARP Funding
Funding Amount Percent of the Grant Statutory Limit
Supportive Services
Acquisition and Development
of Non-Congregate Shelters
Tenant Based Rental
Assistance ( TBRA)
Development of Affordable
Rental Housing
2,672,808 85%
Non-Profit Operating
Non-Profit Capacity Building
Administration and Planning $ 471, 672 15 % 15%
Total HOME ARP Allocation $ 3,144,480. 00 100%
HOME-ARP funds distribution
The City’s gap analysis clearly demonstrates a need for affordable housing units and permanent supportive services for those experiencing or at risk of homelessness. Based on this demonstrated need, all funds will assist with the development of permanent supportive beds and affordable housing units. The City’ s needs assessment indicates that of the eligible HOMEARP activities production and preservation of affordable housing is the most important. The City can leverage various other funding sources, such as ESG and CDBG, for supportive services and Tenant-Based Rental Assistance. Therefore, the City’s intention is to use its full HOME -ARP allocation for production of affordable housing.
Plan rationale
The City’s planned use of HOME-ARP funds is based on data and consultation feedback that strongly point to a need to address the lack of permanent supportive units and services in the
City of Chula Vista - City Council
May 19, 2026 Post City Council/Housing Authority/Successor Agency Agenda 13 City. This is coupled with the large number of persons currently living in homelessness or at risk of homelessness in the City, which is expected to rise as the population of the City increases over the coming two decades. These factors indicate that the greatest need is for production of more affordable housing units. To assist the City with this goal, it was decided that HOME -ARP funds entirely be allocated to development or conversion of affordable housing units.
HOME-ARP Production Housing Goals
Number of affordable rental housing units for qualifying populations that Chula Vista expects to produce or support with its HOME-ARP allocation:
With HOME-ARP funding we would expect to obligate the development of approximately 18 units. With similar funding and leveraging opportunities recent developments have yielded approximately 90 affordable units.
Affordable rental housing production goal that the Chula Vista hopes to achieve and how the production goal will address the City’s priority needs:
In the City’s 2021-2029 Housing Element, Chula Vista established its affordable housing goals according to the Regional Housing Needs Assessment ( RHNA). Of the 11,105 housing units the City needs to produce by 2029, 2,750 units are to be set aside for very-low-income households and 1,777 units need to be set aside for low-income households.
There are many projects and initiatives planned or currently underway in the City to help accomplish these goals, however there is a major need for gap financing when it comes to development and production of affordable housing. Units produced or converted with the use of HOME-ARP funds would directly contribute to this goal.
Preferences
The City of Chula Vista will intentionally not establish preferences as there is already a high need for low-barrier services for each of the qualifying populations. The City intends for units and associated wrap-around services developed with these funds to strictly be available to households currently experiencing homelessness, those at risk of homelessness, households fleeing domestic violence, and other qualifying populations. HOME-ARP funding will be used to provide gap-financing to facilitate the development of affordable units within affordable housing projects that also utilize other funding sources.
Referral Methods
The City of Chula Vista will work with the eventual on-site management and service provider to establish an internal chronological waiting list. The use of a waiting list better suits the needs of
City of Chula Vista - City Council
May 19, 2026 Post City Council/Housing Authority/Successor Agency Agenda 14 the community and ensures that applicants are served on a first-come first-served basis instead of receiving referrals from a third-party agency.
Limitations
The City of Chula Vista will not be limiting the assistance provided under the development of permanent supportive housing to any one qualifying population. The services provided through this project will be made available to all applicants that fall under the eligible qualifying populations for HOME-ARP funding. The need in the Chula Vista community is too great to prevent a subpopulation from accessing resources they may desperately need.
HOME-ARP Refinancing Guidelines
The City of Chula Vista does not intend to use HOME-ARP funds to refinance existing debt.
City of Chula Vista - City Council
May 19, 2026 Post City Council/Housing Authority/Successor Agency Agenda Appendix E
ESG Written Standards
City of Chula Vista - City Council
May 19, 2026 Post City Council/Housing Authority/Successor Agency Agenda
STANDARDS FOR THE PROVISION OF
EMERGENCY SOLUTIONS GRANT ASSISTANCE
AND EMERGENCY SOLUTIONS – CARES ADDENDUM
Table of Contents
I. DEFINITION OF HOMELESS ....................................................................................................................... 1 II. EVALUATIONS. .......................................................................................................................................... 1 III. ELIGIBLE ACTIVITIES .............................................................................................................................. 1 A. ESSENTIAL SERVICES ............................................................................................................................. 1
1. Case management. ........................................................................................................................... 2
2. Child care. ......................................................................................................................................... 2
3. Education services. ........................................................................................................................... 2
4. Employment assistance and job training. ......................................................................................... 2
5. Outpatient health services. ............................................................................................................... 2
6. Legal services. ................................................................................................................................... 3
7. Life skills training............................................................................................................................... 3
8. Mental health services. ..................................................................................................................... 3
9. Substance abuse treatment services. ............................................................................................... 4
10. Transportation. ............................................................................................................................. 4
11. Services for special populations. .................................................................................................. 4 B. RAPID RE-HOUSING AND HOMELESS PREVENTION .............................................................................. 5
12. Short- term and medium- term rental assistance. ......................................................................... 6
13. Homelessness prevention and Rapid re-housing component. ..................................................... 6
14. Housing relocation and stabilization costs. .................................................................................. 7 C. EMERGENCY SHELTER ........................................................................................................................... 7
1. Admission, Diversion, Referral and Discharge. ................................................................................. 7
2. Safety and Shelter Needs of Special Populations. ............................................................................ 7
3. Lead-Based Paint Requirements. ...................................................................................................... 8
4. Structure and Materials. ................................................................................................................... 8
5. Access................................................................................................................................................ 8
City of Chula Vista - City Council
May 19, 2026 Post City Council/Housing Authority/Successor Agency Agenda
6. Space and Security. ........................................................................................................................... 8
7. Interior Air Quality. ........................................................................................................................... 8
8. Water Supply. ................................................................................................................................... 8
9. Sanitary Facilities. ............................................................................................................................. 8
10. Thermal Environment. .................................................................................................................. 8
11. Illumination and Electricity. .......................................................................................................... 8
12. Food Preparation. ......................................................................................................................... 8
13. Sanitary Conditions. ...................................................................................................................... 8
14. Fire Safety- Sleeping Areas. ........................................................................................................... 9
15. Fire Safety- Common Areas. .......................................................................................................... 9 D. STREET OUTREACH ............................................................................................................................... 9
1. Engagement. ..................................................................................................................................... 9
2. Case Management. ......................................................................................................................... 10
3. Emergency Health Services. ............................................................................................................ 10
4. Emergency Mental Health Services. ............................................................................................... 10
5. Transportation. ............................................................................................................................... 11
6. Minimum Period of Use. ................................................................................................................. 11 IV. PROGRAMATTIC REQUIREMENTS ....................................................................................................... 12 A. Matching Requirement § 576.201 ....................................................................................................... 12 B. Documentation of Homelessness ....................................................................................................... 13 C. Homeless Management Information System ( HMIS) ......................................................................... 13 ESG- CV ADDENDUM…………………………………………………………………………………………………………………………………. 14
City of Chula Vista - City Council
May 19, 2026 Post City Council/Housing Authority/Successor Agency Agenda ESG Standards – Covid Addendum
The City of Chula Vista, in accordance with Department of Housing and Urban Development guidelines, developed standard policies and procedures for evaluating individuals’ and families’ eligibility for Assistance under Emergency Solutions Grant (ESG).
I. DEFINITION OF HOMELESS
Contractor will use the HUD definition of homeless found in 24 CFR Part 576, as amended. Homeless means individuals and families defined as Homeless under the following categories are eligible for assistance in ESG projects:
Category 1 – Literally Homeless
Category 2 – Imminent Risk of Homeless
Category 3 – Homeless Under Other Federal Statutes
Category 4 – Fleeing/ Attempting to Flee DV
This final rule, published in the Federal Register (Vol. 76. No. 233) on December 5, 2011, integrates the regulation for the definition of “homeless,” and the corresponding recordkeeping requirements, for the Emergency Solutions Grants program.
II. EVALUATIONS.
Per 24 CFR 576.401 the City and ESG sub-recipients must conduct an initial evaluation to determine each individual or family' s eligibility for ESG assistance and the amount and types of assistance the individual or family needs to regain stability in permanent housing. These evaluations must be conducted in accordance with the centralized or coordinated assessment requirements set forth under §576.400(d).
Re-evaluations. The City and ESG sub-recipients must re-evaluate the program participant' s eligibility and the types and amounts of assistance the participant needs; not less than once every 3 months for program participants receiving homeless prevention assistance and not less than once annually for program participants who are receiving rapid re-housing assistance. At the City and subrecipient’ s discretion, re-evaluations may be conducted more frequently than required by 24 CFR 576.401 and may also be incorporated into the case management process for homeless prevention and rapid re-housing participants – See 24 CFR 576.401(e)(i). Regardless of which timeframe is used, re-evaluations, must at minimum, establish that:
The program participant does not have an annual income that exceeds 30 percent of median family income for the area, as determined by HUD; and the program participant lacks sufficient resources and support networks necessary to retain housing without ESG assistance. To determine if an individual or family is income eligible, the City or subrecipient must examine an individual or family’ s annual income to ensure that it does not exceed the most current area income limits posted on the Department of Housing and Urban Development’ s webpage “ ESG: Emergency Solutions Grants Program” https:// www.hudexchange. info/ resource/ 4018/ 2014-hud-median-income-limits-30/.
III. ELIGIBLE ACTIVITIES
A. ESSENTIAL SERVICES
ESG funds may be used to provide essential services to individuals and families who are in an emergency shelter, as follows:
City of Chula Vista - City Council
May 19, 2026 Post City Council/Housing Authority/Successor Agency Agenda ESG Standards – Covid Addendum
1. Case management.
The cost of assessing, arranging, coordinating, and monitoring the delivery of individualized services to meet the needs of the program participant is eligible. Component services and activities consist of:
a. Using the centralized or coordinated assessment system as required under § 576.400(d); b. Conducting the initial evaluation required under § 576.401(a), including verifying and documenting eligibility;
c. Counseling;
d. Developing, securing, and coordinating services and obtaining Federal, State, and local benefits;
e. Monitoring and evaluating program participant progress; f. Providing information and referrals to other providers; g. Providing ongoing risk assessment and safety planning with victims of domestic violence, dating violence, sexual assault, and stalking; and
h. Developing an individualized housing and service plan, including planning a path to permanent housing stability.
2. Child care.
The costs of child care for program participants, including providing meals and snacks, and comprehensive and coordinated sets of appropriate developmental activities, are eligible. The children must be under the age of 13, unless they are disabled. Disabled children must be under the age of 18. The child-care center must be licensed by the jurisdiction in which it operates in order for its costs to be eligible.
3. Education services.
When necessary for the program participant to obtain and maintain housing, the costs of improving knowledge and basic educational skills are eligible. Services include instruction or training in consumer education, health education, substance abuse prevention, literacy, English as a Second Language, and General Educational Development ( GED). Component services or activities are screening, assessment and testing; individual or group instruction; tutoring; provision of books, supplies and instructional material; counseling; and referral to community resources.
4. Employment assistance and job training.
The costs of employment assistance and job training programs are eligible, including classroom, online, and/ or computer instruction; on-the-job instruction; and services that assist individuals in securing employment, acquiring learning skills, and/ or increasing earning potential. The cost of providing reasonable stipends to program participants in employment assistance and job training programs is an eligible cost. Learning skills include those skills that can be used to secure and retain a job, including the acquisition of vocational licenses and/ or certificates. Services that assist individuals in securing employment consist of employment screening, assessment, or testing; structured job skills and job-seeking skills; special training and tutoring, including literacy training and prevocational training; books and instructional material; counseling or job coaching; and referral to community resources.
5. Outpatient health services.
Eligible costs are for the direct outpatient treatment of medical conditions and are provided by
City of Chula Vista - City Council
May 19, 2026 Post City Council/Housing Authority/Successor Agency Agenda ESG Standards – Covid Addendum
licensed medical professionals. Emergency Solutions Grant ( ESG) funds may be used only for these services to the extent that other appropriate health services are unavailable within the community. Eligible treatment consists of assessing a program participant’ s health problems and developing a treatment plan; assisting program participants to understand their health needs; providing directly or assisting program participants to obtain appropriate medical treatment, preventive medical care, and health maintenance services, including emergency medical services; providing medication and follow- up services; and providing preventive and non-cosmetic dental care.
6. Legal services.
a. Eligible costs are the hourly fees for legal advice and representation by attorneys licensed and in good standing with the bar association of the State in which the services are provided, and by person( s) under the supervision of the licensed attorney, regarding matters that interfere with the program participant’ s ability to obtain and retain housing. b.
b. Emergency Solutions Grant ( ESG) funds may be used only for these services to the extent that other appropriate legal services are unavailable or inaccessible within the community.
V
c. Eligible subject matters are child support, guardianship, paternity, emancipation, and legal separation, orders of protection and other civil remedies for victims of domestic violence, dating violence, sexual assault, and stalking, appeal of veterans and public benefit claim denials, and the resolution of outstanding criminal warrants. d. Component services or activities may include client intake, preparation of cases for trial, provision of legal advice, representation at hearings, and counseling. e. Fees based on the actual service performed ( i.e., fee for service) are also eligible, but only if the cost would be less than the cost of hourly fees. Filing fees and other necessary court costs are also eligible. If the Contractor is a legal services provider and performs the services itself, the eligible costs are the Contractor’ s employees’ salaries and other costs necessary to perform the services.
f. Legal services for immigration and citizenship matters and issues relating to mortgages are ineligible costs. Retainer fee arrangements and contingency fee arrangements are ineligible costs.
7. Life skills training.
The costs of teaching critical life management skills that may never have been learned or have been lost during the course of physical or mental illness, domestic violence, substance use, and homelessness are eligible costs. These services must be necessary to assist the program participant to function independently in the community. Component life skills training are budgeting resources, managing money, managing a household, resolving conflict, shopping for food and needed items, improving nutrition, using public transportation, and parenting.
8. Mental health services.
a. Eligible costs are the direct outpatient treatment by licensed professionals of mental health conditions.
City of Chula Vista - City Council
May 19, 2026 Post City Council/Housing Authority/Successor Agency Agenda ESG Standards – Covid Addendum
b. ESG funds may only be used for these services to the extent that other appropriate mental health services are unavailable or inaccessible within the community. c. Mental health services are the application of therapeutic processes to personal, family, situational, or occupational problems in order to bring about positive resolution of the problem or improved individual or family functioning or circumstances. Problem areas may include family and marital relationships, parent- child problems, or symptom management. d. Eligible treatment consists of crisis interventions; individual, family, or group therapy sessions; the prescription of psychotropic medications or explanations about the use and management of medications; and combinations of therapeutic approaches to address multiple problems.
9. Substance abuse treatment services.
a. Eligible substance abuse treatment services are designed to prevent, reduce, eliminate, or deter relapse of substance abuse or addictive behaviors and are provided by licensed or certified professionals.
b. ESG funds may only be used for these services to the extent that other appropriate substance abuse treatment services are unavailable or inaccessible within the community. c. Eligible treatment consists of client intake and assessment, and outpatient treatment for up to 30 days. Group and individual counseling and drug testing are eligible costs.
Inpatient detoxification and other inpatient drug or alcohol treatment are not eligible costs.
10. Transportation.
Eligible costs consist of the transportation costs of a program participant’ s travel to and from medical care, employment, child care, or other eligible essential services facilities. These costs include the following:
a. The cost of a program participant’ s travel on public transportation; b. If service workers use their own vehicles, mileage allowance for service workers to visit program participants;
c. The cost of purchasing or leasing a vehicle for the recipient or Contractor in which staff transports program participants and/ or staff serving program participants, and the cost of gas, insurance, taxes, and maintenance for the vehicle; and d. The travel costs of recipient or Contractor staff to accompany or assist program participants to use public transportation.
11. Services for special populations.
ESG funds may be used to provide services for homeless youth, victim services, and services for people living with HIV/ AIDS, so long as the costs of providing these services are eligible under paragraphs ( a)(1)(i) through ( a)(1)(x) of this section. The term victim services means services that assist program participants who are victims of domestic violence, dating violence, sexual assault, or stalking, including services offered by rape crisis centers and domestic violence shelters, and other organizations with a documented history of effective work concerning
City of Chula Vista - City Council
May 19, 2026 Post City Council/Housing Authority/Successor Agency Agenda ESG Standards – Covid Addendum
domestic violence, dating violence, sexual assault, or stalking.
B. RAPID RE- HOUSING AND HOMELESS PREVENTION
ESG funds may be used to provide housing relocation and stabilization services and short- and/ or medium- term rental assistance as necessary to help a homeless individual or family move as quickly as possible into permanent housing and achieve stability in that housing. This assistance is referred to as rapid re-housing assistance.
ESG funds may be used to provide housing relocation and stabilization services and short- and/ or medium- term rental assistance as necessary to prevent an individual or family from moving into an emergency shelter or another place described in paragraph ( 1) of the homeless definition in 24 CFR 576.2.
Policies and procedures for determining and prioritizing which eligible families and individuals will receive homelessness prevention assistance and which eligible families and individuals will receive rapid re-housing assistance will consist of a waiting list for potentially eligible clients and those who most likely benefit from the program.
Through the use of a screening and assessment process, program eligibility will be assessed by thoroughly exploring a family’ s or individual’ s situation and pinpointing their unique housing and service needs. Based upon the assessment, families and individuals should be referred to the kinds of housing and services most appropriate to their situations and need (i.e. access all available services to increase self-sufficiency).
Once in place, a centralized or coordinated assessment system will help to better match individuals and families with the most appropriate assistance. Under homelessness prevention assistance, funds are available to persons below 30% of Area Median Income ( AMI), who are homeless or at risk of becoming homeless. ESG funds can be used to prevent an individual or family from becoming homeless and/ or regain stability in current housing or other permanent housing. Rapid re-housing funding will be available to those who are literally homeless to ultimately move into permanent housing and achieve housing stability. Homeless prevention and rapid re-housing assistance must be provided in accordance with the housing relocation and stabilization services requirements in 24 CFR 576.105, and the short- and medium- term rental assistance requirements in 24 CFR 576.106.
The amount each program participant must pay will be based on the following:
Rental assistance cannot be provided for a unit unless the rent for that unit is at or below the Payment Standard, established by the City using HUD’ s published Fair Market Rents for the San Diego Region. A complete listing of the Fair Market Rent for San Diego can be found at the following website: http:// www.huduser. org/ portal/ datasets/ fmr.html The rent charged for a unit must be reasonable in relation to rents currently being charged for comparable units in the private unassisted market and must not be in excess of rents currently being charged by the owner for comparable unassisted units. See 24 CFR 574.320.
The rental unit must meet minimum habitability standards found at 24 CFR 576.403.
There must be a rental assistance agreement and lease between property manager and tenant as well as the owner of property and the City or ESG sub-recipient.
No rental assistance may be made to an individual or family that is receiving rental assistance from another public source for the same time period.
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Rental assistance may not be provided to a participant who is currently receiving replacement housing payments under Uniform Relocation Assistance.
Rental assistance may be available for Project Based Rental Assistance, based on availability of funding and vacant units.
12. Short-term and medium-term rental assistance.
24 CFR 576.106 ( e) Rental assistance agreement. The City’ s or its ESG sub-recipients may make rental assistance payments only to an owner with whom the sub-recipient has entered into a rental assistance agreement. The rental assistance agreement must set forth the terms under which rental assistance will be provided, including the requirements that apply under this section. The rental assistance agreement must provide that, during the term of the agreement, the owner must give the sub-recipient a copy of any notice to the program participant to vacate the housing unit, or any complaint used under state or local law to commence an eviction action against the program participant. In the event of project based assistance, the payments would go directly to the property owner with a rental assistance agreement in place.
The City and its subrecipients must maintain standards for determining how long a particular program participant will be provided with rental assistance and whether and how the amount of that assistance will be adjusted over time. Currently, the period is up to 12 months.
13. Homelessness prevention and Rapid re-housing component. 24 CFR 576.103 and 24 CFR Part 576.104. The City and its sub-recipients may provide an ESG program participant with up to 24 months of rental assistance during any 3-year period. The City is providing a maximum of up to 12 months of rental assistance that can be in the form of short- term rental assistance ( for up to 3 months of rent) or medium term rental assistance assistance that is for more than 3 months) but not more than 12 months of rent. However, at the City and subrecipient’ s discretion rental assistance will be provided in a reasonable timeframe as evaluated by the City and its program participant within HUD regulations.
The maximum amount of rental assistance provided, or family’ s level of responsibility for rent payments, over time, shall be determined by the City and its subrecipient and shall be reflective of the individual or family’ s need for rental assistance and the level of financial resources available to the ESG program participant.
Standards for determining the type, amount, and duration of housing stabilization and/ or relocation services to provide a program participant, including the limits, if any, on the homelessness prevention or rapid re-housing assistance that each program participant may receive, such as the maximum amount of assistance, maximum number of months the program participants receives assistance, or the maximum number of times the program participants may receive assistance.
Subject to the general conditions under 24 CFR 576.103 and 24 CFR Part 576.104, subrecipients may use ESG funds to pay housing owners, utility companies, and other third parties for some or all of the following costs, as allowed under 24 CFR 576.105:
o Security deposits
o Last month' s rent
o Utility deposits
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o Utility payments
o Moving costs
14. Housing relocation and stabilization costs.
24 CFR 576.105 ( c). ESG sub-recipients shall determine the type, maximum amount, and duration of housing stabilization and/ or relocation services for individuals and families who are in need of homeless prevention or rapid re-housing assistance through the initial evaluation, re-evaluation and ongoing case management processes.
C. EMERGENCY SHELTER
The term Emergency Shelter per 24 CFR Part 576.2 means “ any facility, the primary purpose of which is to provide a temporary shelter for the homeless in general or for specific populations of the homeless and which does not require occupants to sign leases or occupancy agreements.” This definition excludes transitional housing.
1. Admission, Diversion, Referral and Discharge.
ESG sub-recipients must conduct an initial evaluation of all individuals or families to determine if they should be admitted to an emergency shelter, diverted to a provider of other ESG funded components ( e.g. rapid re-housing or homeless prevention assistance) and/ or referred for other mainstream resources.
ESG sub-recipients must determine that individuals and families meet criteria including the Homeless definition and rate the individual or family’ s vulnerability to ensure that only those individuals or families that have the greatest need for emergency shelter assistance receive ESG funded assistance.
ESG sub-recipients must also reassess emergency shelter participants, on an ongoing basis, to determine the earliest possible time that they can be discharged to permanent housing.
2. Safety and Shelter Needs of Special Populations.
ESG funds may be used to provide services for homeless youth, victim services, and services for people living with HIV/ AIDS, so long as the costs of providing these services are eligible under the regulations for the emergency shelter component found at 24 CFR Part 576.102.
Consistent with ESG recordkeeping and reporting requirements found at 24 CFR Part 576.500, ESG sub-recipients must develop and apply written policies to ensure the safety of program participants through the following actions:
All records containing personally identifying information ( as defined in HUD’ s standards for participation, data collection, and reporting in a local HMIS) of any individual or family who applies for and/ or receives ESG assistance will be kept secure and confidential.
The address or location of any domestic violence, dating violence, sexual assault, or stalking shelter project assisted under the ESG will not be made public, except with written authorization of the person responsible for the operation of the shelter.
The address or location of any housing of a program participant, including youth, individuals
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living with HIV/ AIDS, victims of domestic violence, dating violence, sexual assault, and stalking; and individuals and families who have the highest barriers to housing will not be made public, except as provided under a preexisting privacy policy of the sub-recipient and consistent with state and local laws regarding privacy and obligations of confidentiality.
ESG sub-recipients must adhere to the following ESG shelter and housing standards found at 24 CFR Part 576.403 to ensure that shelter and housing facilities are safe, sanitary, and adequately maintained:
3. Lead-Based Paint Requirements.
The Lead-Based Paint Poisoning Prevention Act applies to all shelters assisted under ESG program and all housing occupied by program inspection on all units receiving assistance under the rapid re-housing AND homelessness prevention components if the unit was built before 1978 and a child under age of six or a pregnant woman resides in the unit.
4. Structure and Materials.
The shelter building shall throughout be structurally sound to protect residents from the elements and not pose any threat to health and safety of the residents.
5. Access.
The shelter must be accessible, and there shall be a second means of exiting the facility in the case of emergency or fire.
6. Space and Security.
Each resident shall have adequate space and security for themselves and their belongings.
Each resident must have an acceptable place to sleep.
7. Interior Air Quality.
Each room or space within the shelter/ facility must have a natural or mechanical means of ventilation. The interior air should be free of pollutants at a level that might threaten or harm the health of residents.
8. Water Supply.
The shelter' s water supply shall be free of contamination.
9. Sanitary Facilities.
Each resident shall have access to sanitary facilities that are in proper operating condition.
These facilities shall be able to be used in privacy, and be adequate for personal cleanliness and the disposal of human waste.
10. Thermal Environment.
The shelter/ facility must have any necessary heating/ cooling facilities in proper operating condition.
11. Illumination and Electricity.
The shelter/ facility should have adequate natural or artificial illumination to permit normal indoor activities and support health and safety. There should be sufficient electrical sources to permit the safe use of electrical appliances in the shelter.
12. Food Preparation.
Food preparation areas, if any, should contain suitable space and equipment to store, prepare and serve food in a safe and sanitary manner.
13. Sanitary Conditions.
The shelter should be maintained in a sanitary condition.
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14. Fire Safety-Sleeping Areas.
There shall be at least one working smoke detector in each occupied unit of the shelter facility.
In addition, smoke detectors should be located near sleeping areas where possible. The fire alarm system should be designed for a hearing- impaired resident.
15. Fire Safety- Common Areas.
All public areas of the shelter must have at least one working smoke detector.
Policies and procedures for assessing, prioritizing, and reassessing individuals’ and families’ needs for essential services related to emergency shelter 24 CFR 576.102.
ESG funds may be used to provide essential services to individuals and families who are in an emergency shelter. Essential services for participants of emergency shelter assistance can include case management, child care, education services, employment assistance and job training, outpatient health services, legal services, life skills training, mental health services, substance abuse treatment services, transportation, and services for special populations.
ESG sub-recipients are responsible to assess an individual or family’ s initial need for emergency shelter and must re-assess their need on an ongoing basis to ensure that only those individual or families with the greatest need receive ESG funded emergency shelter assistance.
Based on the CoC’ s centralized or coordinated assessment system, ESG recipients shall be required to use that system to help determine an individual or family’ s need for emergency shelter or other ESG funded assistance.
CoC’ s Policies and Procedures is encouraged for coordination among emergency shelter providers, essential service providers, homelessness prevention and rapid re-housing assistance providers, other homeless assistance providers, and mainstream services and housing providers.
Coordination to assist the homeless and prevent homelessness will come from the leadership of the statewide Continuum of Care. The City will maintain active engagement and membership in the statewide CoC or local homeless coalition. The CoC will further engage and coordinate resources amongst other entities to improve current programs and funding.
D. STREET OUTREACH
Per 24 CFR 576.401 and 24 CFR 576.500 the City and ESG sub-recipients must conduct an initial evaluation to determine each individual or family' s eligibility for street outreach essential services.
These evaluations must be conducted in accordance with the centralized or coordinated assessment requirements set forth under §24 CFR 576.400(d).
Street outreach costs are limited to the costs of: providing essential services necessary to reach out to unsheltered homeless people; connecting unsheltered homeless people with emergency shelter, housing, or critical services; and providing urgent, non-facility- based care to unsheltered homeless people who are unwilling or unable to access emergency shelter, housing, or an appropriate health facility 24 CFR 576.101(a).
1. Engagement.
The costs of activities to locate, identify, and build relationships with unsheltered homeless people and engage them for the purpose of providing immediate support, intervention, and connections with homeless assistance programs and/ or mainstream social services and housing programs.
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These activities consist of making an initial assessment of needs and eligibility; providing crisis counseling; addressing urgent physical needs, such as providing meals, blankets, clothes, or toiletries; and actively connecting and providing information and referrals to programs targeted to homeless people such as mainstream social services and housing programs, including emergency shelter, transitional housing, community- based services, permanent supportive housing, and rapid re-housing programs. 24 CFR 576.101(a)(1).
2. Case Management.
The City or its subrecipient are limited to the cost of assessing housing and service needs, arranging, coordinating, and monitoring the delivery of individualized services to meet the needs of the program participant. Eligible services and activities related to case management are as follows: using the centralized or coordinated assessment system as required under 24 CFR 576.400(d); conducting the initial evaluation required under 24 CFR 576.401(a), including verifying and documenting eligibility; counseling; developing, securing and coordinating services; obtaining Federal, State, and local benefits; monitoring and evaluating program participant progress; providing information and referrals to other providers; and developing an individualized housing and service plan, including planning a path to permanent housing stability, 24 CFR 576.101(a)(2).
3. Emergency Health Services.
Use of ESG funds are used for emergency health services costs are limited to direct outpatient treatment of medical conditions ( as listed under 24 CFR 576.101(a)(3)) that are provided:
a. by licensed medical professionals operating in community- based settings, including streets, parks, and other places where unsheltered homeless people are living; and, b. only to the extent that other appropriate health services are inaccessible or unavailable within the area.
4. Emergency Mental Health Services.
Use of ESG funds for emergency mental health services the costs are limited to the costs associated with direct outpatient treatment ( as listed under 24 CFR 576.101(a)(4)) that is provided:
a. by licensed professionals of mental health conditions operating in community- based settings including streets, parks, and other places where unsheltered people are living, and,
b. only to the extent that other appropriate health services are inaccessible or unavailable within the area
Eligible costs are the direct outpatient treatment by licensed professionals of mental health conditions operating in community- based settings, including streets, parks, and other places where unsheltered people are living. ESG funds may be used only for these services to the extent that other appropriate mental health services are inaccessible or unavailable within the community.
Mental health services are the application of therapeutic processes to personal, family, situational, or occupational problems in order to bring about positive resolution of the problem or improved individual or family functioning or circumstances 4 CFR 576.101(a)(4)]
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iv). Eligible treatment consists of crisis interventions, the prescription of psychotropic medications, explanation about the use and management of medications, and combinations of therapeutic approaches to address multiple problems.
5. Transportation.
Where ESG funds are used for transportation the costs are limited to the following eligible costs:
a. the transportation costs of travel by outreach workers, social workers, medical professionals, or other service providers, that travel took place during the provision of services eligible under this section; and the costs of transporting unsheltered people to emergency shelters or other service facilities are also eligible. The costs include the following:
o The cost of a program participant’ s travel on public transportation; o If service workers use their own vehicles, mileage allowance for service workers to visit program participants;
o The cost of purchasing or leasing a vehicle for the recipient or subrecipient in which staff transports program participants and/ or staff serving program participants, and the cost of gas, insurance, taxes and maintenance for the vehicle; and o The travel costs of recipient or subrecipient staff to accompany or assist program participants to use public transportation.
6. Minimum Period of Use.
Per 24 CFR 576.101(b) the City or its ESG subrecipient will ensure that outreach services are provided to unsheltered homeless individuals and families for at least the period during which ESG funds are provided ( e.g., the length of the subrecipient agreement).
Maintenance of Effort: The City or its subrecipient will not use ESG funds to replace local government funding of street outreach services unless HUD determines that the unit of general purpose was in a severe financial deficit according to the guidelines 24 CFR 576.101( c).
Upon the City’ s request, HUD will determine whether the unit of general purpose local government is in a severe financial deficit, based on the City’ s demonstration of each of the following:
The average poverty rate in the unit of general purpose local government’ s jurisdiction was equal to or greater than 125 percent of the average national poverty rate, during the calendar year for which the most recent data are available, as determined according information from the U.S. Census Bureau.
The average per-capita income in the unit of general purpose local government’ s jurisdiction was less than 75 percent of the average national per capita income, during the calendar year for which the most recent data are available, as determined according to information from the Census Bureau.
The unit of general purpose local government has a current annual budget deficit that
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requires a reduction in funding for services for homeless people. The unit of general purpose local government has taken all reasonable steps to prevent a reduction in funding of services for homeless people. Reasonable steps may include steps to increase revenue generation, steps to maximize cost savings, or steps to reduce expenditures in areas other than services for homeless people.
IV. PROGRAMATTIC REQUIREMENTS
A. Matching Requirement § 576.201
Contractor must make matching contributions to supplement the ESG program funding received under this Agreement. Matching contributions may be obtained from any source, including any Federal source other than the ESG program, as well as state, local and private sources. However, the following requirements apply to matching contributions from a Federal source of funds:
o The recipient must ensure the laws governing any funds to be used as matching contributions do not prohibit those funds from being used to match Emergency Solutions Grant (ESG) funds. o If ESG funds are used to satisfy the matching requirements of another Federal program, then funding from that program may not be used to satisfy the matching requirements under this section.
Recognition of matching contributions.
1) In order to meet the matching requirement, the matching contributions must meet all requirements that apply to the ESG funds provided by HUD, except for the expenditure limits in 576.100.
2) The matching contributions must be provided after the date that HUD signs the grant agreement.
3) To count toward the required match for the recipient' s fiscal year grant, cash contributions must be expended within the expenditure deadline in § 576.203, and noncash contributions must be made within the expenditure deadline in § 576.203.
4) Contributions used to match a previous ESG grant may not be used to match a subsequent ESG grant.
5) Contributions that have been or will be counted as satisfying a matching requirement of another Federal grant or award may not count as satisfying the matching requirement of this section.
Eligible types of matching contributions. The matching requirement may be met by one or both of the following:
1) Cash contributions. Cash expended for allowable costs, as defined in OMB Circulars A-87 (2 CFR part 225) and A-122 (2 CFR part 230), of the recipient or Contractor. 2) Noncash contributions. The value of any real property, equipment, goods, or services contributed to the recipient' s or Contractor' s ESG program, provided that if the recipient or Contractor had to pay for them with grant funds, the costs would have been allowable. Noncash contributions may also include the purchase value of any donated building. 3) Calculating the amount of noncash contributions.
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i. To determine the value of any donated material or building, or of any lease, the recipient must use a method reasonably calculated to establish the fair market value. ii. Services provided by individuals must be valued at rates consistent with those ordinarily paid for similar work in the recipient' s or Contractor' s organization. If the recipient or Contractor does not have employees performing similar work, the rates must be consistent with those ordinarily paid by other employers for similar work in the same labor market. iii. Some noncash contributions are real property, equipment, goods, or services that, if the recipient or Contractor had to pay for them with grant funds, the payments would have been indirect costs. Matching credit for these contributions must be given only if the recipient or Contractor has established, along with its regular indirect cost rate, a special rate for allocating to individual projects or programs the value of those contributions.
B. Documentation of Homelessness
Maintain adequate documentation of homelessness status to determine the eligibility of persons served by HUD’ s homeless assistance programs. The documentation shall be obtained by the participant or a third party at the time of the referral, entry, intake, or orientation to the ESG- funded project. Contractor shall maintain and follow written intake procedures to ensure compliance with the homeless definition in §576.2. A copy of the documentation shall be maintained in the client file.
C. Homeless Management Information System ( HMIS)
Activities funded under this Agreement must comply with HUD’ s standards on participation, data collection, and reporting under a local HMIS.
D. Regulation Compliance for Projects with Multiple Funding Sources The City will take all necessary measures to ensure compliance with multiple regulation standards for projects with multiple funding sources. City staff will fully review the regulations of each funding source and work with the City Attorney’ s Office to certify that all regulatory standards are reflected in all subcontractor agreements and reporting requirements. All project contracts will be reviewed to ensure the necessary program requirements for all funding sources are being adhered to. In addition, the City will maintain a folder for the project containing the following compliance documentation:
A chart of accounts detailing different funding sources, grant identification numbers, and funding amounts from each source.
All grant agreements from awarding agencies of the funding sources.
All subcontractor or subrecipient agreements.
A list of reporting deadlines filtered by each funding source.
The City’ s policies, procedures, standards, and manuals pertaining to each of the relevant funding source types.
A completed version of the city’s Checklist for Federally funded Purchases to ensure requirements outlined in 2 CFR 200.317 - 200.327 have been properly considered.
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ESG- CV Written Standards – Addendum
A. Waivers and Limitations Under ESG- CV Regulations
As part of the ESG- CV Notice released on September 1, 2020, HUD is allowing CoCs and jurisdictions to incorporate waivers into the operation of eligible activities funded by ESG- CV resources, as well as standard FY 2020 ESG funds dedicated to COVID- 19. As part of the development of the ESG- CV Written Standards, this addendum cites and incorporates each waiver and alternative requirements that Chula Vista intends to execute.
1. Emergency Shelters – This addendum specifically refers to funds used for the costs of providing emergency shelter during the period the subrecipient began preventing, preparing for, and responding to coronavirus and has been extended to end on January 31, 2022. This alternative requirement will ensure that ESG- CV funds are used efficiently to provide more individuals and families with assistance needed to prevent, prepare for, and respond to coronavirus.
2. Short- Term and Medium- Term Rental Assistance – Medium- rent previously defined as “ for more than 3 months but not more than 24 months of rent” is waived and an alternative requirement established defining medium- term as more than 3 months but not more than 12 months. This alternative requirement allows more households to receive rapid rehousing and homelessness prevention assistance, which is necessary to prevent, prepare for, and respond to coronavirus. The requirement prohibiting rental assistance where the rent for the unit exceeds the Fair Market Rent established by HUD, is waived; so long as the rent complies with HUD’ s standards of rent reasonableness. Waiving this requirement allows recipients to help program participants move quickly into housing or retain their existing housing, which is especially critical at reducing the spread of coronavirus and responding to coronavirus.
3. Administrative Costs - As permitted by the CARES Act, the CoC will use up to 10 percent of its total ESG- CV grant for administrative costs.
4. No Cap for Emergency Shelter and Street Outreach - Funds will be used for emergency shelter and street outreach activities without regard to the spending cap established by section 415(b) of the McKinney- Vento Act and 24 CFR Part 576.100(b). The same flexibility applies to using ESG- CV funds to establish and operate temporary emergency shelters.
5. Hotel/ Motel Costs -Provide hotel or motel vouchers for homeless individuals and families where no appropriate emergency shelter is available. However, the limitations on eligible activities provided in section 415(a) of the McKinney Vento Act and 24 CFR part 576, subpart B are waived and ESG- CV funds may be used for the following hotel or motel costs for individuals and families experiencing homelessness who are:
o Receiving rapid re-housing assistance under the Continuum of Care ( CoC) or ESG programs o Receiving homelessness 15 prevention under the ESG program o Residing in permanent supportive housing Chula will also use ESG- CV funds to pay for a hotel or hotel room directly or through a hotel or motel voucher and may include paying for Helping current ESG program participants maintain housing - The requirement at 24 CFR 576.105(c) limiting the total period of time for which any program participant may receive the services under
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paragraph ( b) to 24 months during any 3-year period is waived. Likewise, the requirement at 24 CFR 576.106(a) limiting the total number of months a program participant can receive rental assistance to 24 months in a 3-year period is waived. Both exceptions will be made solely for those program participants who reach their 24-month maximum assistance.
7. HMIS Lead Activities - The limitations on eligible activities provided in section 415(a) of the McKinney- Vento Act and 24 CFR Part 576, subpart B are waived and ESG- CV funds will be used to pay for HMIS costs beyond where they are related to collecting data to the extent they are necessary to help the geographic area prevent, prepare for, and respond to coronavirus. Additionally, the 6- month limit on the waiver is lifted, to allow flexibility throughout the period the recipient or subrecipient uses ESG-CV funds. These funds may be used on ESG activities to collect and report data about the impact of coronavirus across the community to help us to coordinate and report on activities to prevent, prepare for, and respond to coronavirus among individuals and families experiencing homelessness, at risk of homelessness, and receiving homeless assistance.
8. Legal Services – ESG- CV funds may be used to provide legal services, but are limited to those services necessary to help program participants obtain housing or keep a program participant from losing housing where they currently reside.
Standards for Targeting and Providing Essential Services Related to Street Outreach People experiencing unsheltered homelessness may be at risk for infection when there is community spread of COVID- 19. CDC interim guidance will be used to support response to COVID- 19 by the Chula Vista Homeless Outreach Team. Street outreach will include outreach teams actively communicating with Coordinated Entry, shelters, and other appropriate housing and service programs within the City to connect individuals experiencing homelessness with needed resources. Staff is trained on the following mitigation techniques:
o How to prevent disease spread (handwashing, cough etiquette, not sharing needles, etc.). o How to access treatment and available resources ( vaccine clinics, where to go for more information).
o How to communicate incidents of outbreak.
o Understand their role within larger response system
o How to break the cycle of transmission and thus prevent further cases. o Outreach Staff will participate in the following education and abide by the following standards
1. Staff training and policies
a. Provide training and educational materials related to COVID- 19 for staff. b. Minimize the number of staff members who have face- to-face interactions with clients. c. Develop and use contingency plans for increased absenteeism caused by employee illness or by illness in employees’ family members. These plans might include extending hours, cross- training current employees, or hiring temporary employees. d. Assign outreach staff who are at increased risk for severe illness from COVID- 19 to duties that do not require them to interact with clients in person. e. Outreach staff will review stress and coping for themselves and their clients during this time.
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2. Staff prevention measures
a. Outreach staff will maintain good hand hygiene by washing hands with soap and water for at least 20 seconds or using hand sanitizer ( with at least 60% alcohol) on a regular basis, including before and after each client interaction
b. Staff will, whenever possible, maintain 6 feet of distance while interacting with clients and other staff.
c. Outreach staff will wear masks when working in public settings or interacting with clients. d. Outreach staff will avoid handling client belongings. If staff are handling client belongings, they will use disposable gloves, if available. If gloves are unavailable, staff will perform hand hygiene immediately after handling client belongings.
e. Outreach staff who do not interact closely (e.g., within 6 feet) with sick clients and do not clean client environments do not need to wear personal protective equipment ( PPE).
3. Staff process for outreach
a. Outreach staff will greet clients from a distance of 6 feet and explain that they are taking additional precautions to protect themselves and the client from COVID19. b. If the client is not wearing a mask, when possible staff will provide them with one. c. Staff may screen clients for symptoms by asking them if they feel as if they have a fever, cough, or other symptoms consistent with COVID- 19.
d. If medical attention is necessary, staff will use standard outreach protocols to facilitate access to healthcare. e. If at any point staff does not feel able to protect themselves or the client from the spread of COVID- 19, (i.e., client refusing to wear a mask and/ or maintain at least 6 feet of distance) staff will discontinue the interaction and notify their supervisor.
4. Help clients prevent becoming sick with COVID- 19
a. Continued linkage to homeless services, housing, and mental health services by using cell phone or telemedicine when possible.
b. Staff will reach out to people who are experiencing homelessness, paying particular attention to older age or with underlying medical conditions, such as chronic lung disease or serious heart conditions, as they are at greater risk with COVID- 19. c. Staff will prioritize and providing individual rooms for positive COVID- 19 clients, where available. d. Outreach staff will recommend that all clients wear masks any time they are around other people.
e. Outreach staff will provide clients with hygiene materials, where available. f. Staff will discourage clients from spending time in crowded places or gathering in large groups. g. If it is not possible for clients and staff to avoid crowded places, staff will encourage spreading out (at least6 feet between people) to the extent possible and wearing masks.
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5. Help link sick clients to medical care
a. The City of Chula Vista will use ESG- CV resources to make sure clients who test positive for COVID- 19 will have a place they can safely stay in coordination with local health authorities. b. Outreach staff will provide anyone who presents with symptoms with a mask. c. Staff will facilitate access to non-urgent medical care as needed. d. If a client has tested positive for COVID- 19
e. If immediate medical attention is not required, outreach will facilitate transportation to an isolation site.
f. Notify designated medical facility and personnel that the client has tested positive for COVID19. g. Staff will advise clients on how to isolate themselves while efforts are underway to provide additional support.
h. During isolation, Chula Vista outreach staff will ensure continuation of behavioral health support for people with substance use or mental health disorders. i. An individual may not be able to comply with isolation recommendations ( i.e., mental illness, etc.) staff will contact local health authorities to determine alternative options. j. ESG- CV resources will ensure the client has a safe location to satisfy isolation requirements are met.
k. Considerations for encampments
l. If individual housing options are not available, we will allow people who are living unsheltered or in encampments to remain where they are.
m. Clearing encampments can cause people to disperse throughout the community and break connections with service providers.
n. This increases the potential for infectious disease spread. o. Staff will encourage those staying in encampments to set up their tents/ sleeping quarters with at least 12 feet x 12 feet of space per individual.
p. If an encampment is not able to provide sufficient space for each person, staff will allow people to remain where they are but help decompress the encampment by linking those at increased risk for severe illness to individual rooms or safe shelter. q. ESG- CV funds may be utilized to improve sanitary conditions at certain locations ( i.e., portable toilets, hand washing stations, hand sanitizer).
6. Temporary Emergency Shelter Standards During COVID- 19 All service providers are required to implement safety precautions to limit the exposure and infection of the COVID- 19 virus. This is especially true for people with a high degree of vulnerability. The following recommendations were shared with shelter providers who are responsible for implementing the recommendations to the best of their ability. a. Facility layout considerations a. Use physical barriers to protect staff who interact with clients with unknown infection status (e.g., check-in staff). For example, install a sneeze guard at the check-in desk or place an additional table between staff and clients to increase the distance between them to at least 6 feet.
b. In meal service areas, create at least 6 feet of space between seats, and/ or allow either for food to be delivered to clients or for clients to take food away.
City of Chula Vista - City Council
May 19, 2026 Post City Council/Housing Authority/Successor Agency Agenda ESG Standards – Covid Addendum
c. In general sleeping areas ( for those who are not experiencing respiratory symptoms), try to make sure client’ s faces are at least 6 feet apart. i. Align mats/ beds so clients sleep head- to-toe.
2. For clients with mild respiratory symptoms consistent with COVID- 19:
a. Prioritize these clients for individual rooms.
b. If individual rooms are not available, consider using a large, well-ventilated room. c. Keep mats/ beds at least 6 feet apart.
d. Use temporary barriers between mats/ beds, such as curtains. e. Align mats/ beds so clients sleep head-to-toe.
f. If possible, designate a separate bathroom for these clients. g. If areas where these clients can stay are not available in the facility, facilitate transfer to a quarantine site.
3. For clients with confirmed COVID- 19, regardless of symptoms:
a. Prioritize these clients for individual rooms.
b. If more than one person has tested positive, these clients can stay in the same area. c. Designate a separate bathroom for these clients.
d. Follow CDC recommendations for how to prevent further spread in your facility. e. If areas where these clients can stay are not available in the facility, assist with transfer to an isolation site.
4. Facility ventilation considerations
a. Ensure ventilation systems operate properly and per established local/ national codes.
Increase the indoor delivery of outdoor air as much as possible. Do not open windows and doors if doing so poses a safety or health risk ( e.g., risk of falling, triggering asthma symptoms) to clients, staff, volunteers, or visitors using the facility. b. Consider taking steps to improve ventilation in the building, in consultation with an HVAC professional, based on local environmental conditions ( temperature/ humidity) and ongoing community transmission in the area. Identifying the best steps for your specific facility will depend on a number of factors including but not limited to layout, number of occupants, environmental factors, and available resources.
D. Additional Standards for Rental Assistance The full extent of COVID- 19’s economic impact on Chula Vista’ s economy has yet to be determined. However, initial indicators suggest a significant economic hardship on Chula Vista residents in the form of lost employment with subsequent declines in both income and health benefits. ESG- CV funds will continue to provide assistance to individuals experiencing the economic impact
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May 19, 2026 Post City Council/Housing Authority/Successor Agency Agenda ESG Standards – Covid Addendum
from COVID by providing rental and/ or utility assistance for a maximum of 12-month period. A “Housing Exit Plan” is developed between the client and caseworker where the client’ s progress and income is regularly reviewed. If need, and the client has been compliant with the plan, assistance will be extended an additional 3 months ( the maximum amount of assistants and individual is eligible to receive is 12 months of rental assistance, plus any move- in and utility expenses.
Utility Allowance - § 92.252(d) requires grantees to determine an individual utility allowance for each assisted household. The utility allowance for our jurisdiction is determine through PHA standards and in compliance with 92.252(d). Initial rent schedule and utility allowances. ( 1) The maximum monthly allowances for utilities and services (excluding telephone) must be established and updated the annually. Chula Vista uses the HUD Utility Schedule Model to determine the utility allowance for the unit based on the type of utilities used at the assisted unit. (2) Rents proposed by the owner for units are reviewed and approved, subject to the maximum rent limitations in paragraphs ( a) or (b) of this section. For all units subject to the maximum rent limitations in paragraphs ( a) or (b) of this section for which the tenant is paying utilities and services, the participating jurisdiction must ensure that the rents do not exceed the maximum rent minus the monthly allowances for utilities and service.
Landlord Incentives – One of the most significant barriers to individuals experiencing homelessness is affordable housing availability. Landlord subsidies will be awarded in 3-month increments and end after 12 months.
Disease Risk and Homelessness – Chula Vista will ensure that mitigation practices are effectively implemented by collaborating with public health officials in disseminating information and resources to those experiencing homelessness. Chula Vista, whenever possible, move affected clients to locations where they are not at risk of spreading the infection further. The response to Covid- 19 consists of partnership and close communication with emergency services providers ( e.g., County of San Diego Health and Human Services). In addition, Chula Vista outreach assists homeless service providers to assess gaps in their ability to respond and help ensure they receive the resources and supplies needed to combat the crisis. Chula Vista’ s leadership will provide support to public health officials by facilitating communication of providers’ needs to public health officials. A critical component to infectious disease prevention is ensuring that shelters and housing programs have the necessary supplies in stock to maintain a disease- free environment.
Chula Vista will help providers who may need assistance in identifying funding sources for obtaining supplies.
City of Chula Vista - City Council
May 19, 2026 Post City Council/Housing Authority/Successor Agency Agenda Appendix F
Grants Administrative Manual
City of Chula Vista - City Council
May 19, 2026 Post City Council/Housing Authority/Successor Agency Agenda Administrative Manual
City of Chula Vista Grant Programs
Administered through the City of Chula Vista Housing and Homeless Services Department
Policies and Procedures
last updated January 2024)
CITY OF CHULA VISTA
HOUSING AND HOMELESS SERVICES DEPARTMENT
City of Chula Vista - City Council
May 19, 2026 Post City Council/Housing Authority/Successor Agency Agenda Physical/ Mailing Address:
276 Fourth Avenue Chula Vista, CA 91910 Phone Number: ( 619) 691-5047 Website: Department of Housing and Homeless Services | City of Chula Vista
COUNCIL
John McCann Carolina Chavez Jose Preciado Alonso Gonzalez Andrea Cardenas Mayor Councilmember Councilmember Councilmember Councilmember District 1 District 2 District 3 District 4
DEPARTMENT OF HOUSING AND HOMELESS SERVICES
Stacey Kurz, Director
Angelica Davis, Homeless Solutions Manager
Brian Warwick, Housing Manager
Dania Gonzalez, Principal Management Analyst
FINANCE STAFF
Sarah Schoen, Finance Director
All email addresses are firstinitiallastname@chulavistaca. gov.
For example: adavis@chulavistaca. gov
City of Chula Vista - City Council
May 19, 2026 Post City Council/Housing Authority/Successor Agency Agenda II. Introduction ......................................................................................................................................................... 1 III. Background .......................................................................................................................................................... 2 A. U.S. Department of Housing and Urban Development ........................................................................................ 2 B. Office of Community Planning and Development ................................................................................................ 2 C. city Of Chula Vista – Entitlement Community ...................................................................................................... 3 IV. City of Chula Vista Entitlement Programs ............................................................................................................ 4 A. Community Development Block Grant ................................................................................................................ 4 B. Home Investment Partnerships Act (HOME)........................................................................................................ 4 C. Emergency Solutions Grant.................................................................................................................................. 4 V. City Of Chula Vista Organizational Structure ...................................................................................................... 13 A. Staff Duties And Responsibilities ....................................................................................................................... 14 B. Training and Information Dissemination ............................................................................................................ 14 VI. Grant Administration (Subpart J) ....................................................................................................................... 15 VII. Basic eligible activities § 570.201 ...................................................................................................................... 15 VIII. Ineligible activities (§ 570.207) .......................................................................................................................... 15 IX. Objectives/ Priorities/ Criteria ............................................................................................................................. 15 A. National Objectives - CDBG ................................................................................................................................ 15 B. Chula Vista Housing Objectives .......................................................................................................................... 16 X. Applicability of Uniform Administrative Requirements (§ 570.502) ................................................................... 18 XI. Program income (§ 570.504) ............................................................................................................................. 18 XII. Records to be maintained (§ 570.506) ............................................................................................................... 18 XIII. Required Annual Reports (§ 570.507) ................................................................................................................ 21 A. Five-Year Consolidated Plan ............................................................................................................................... 21 B. Annual Action Plan ............................................................................................................................................. 22 C. Consolidated Annual Performance Evaluation Report (CAPER)......................................................................... 22 D. Program and Financial Reporting ...................................................................................................................... 23 XIV. Subrecipient Application and Award Process .................................................................................................... 24 A. Schedule ............................................................................................................................................................. 24 B. Solicitation of Applications for CDBG Funds ...................................................................................................... 24 C. Application Requirements .................................................................................................................................. 24 D. Assistance to Applicants .................................................................................................................................... 26 E. Review of Applications by Staff ......................................................................................................................... 26 F. Ranking of Applications ..................................................................................................................................... 26 G. Funding Recommendations ............................................................................................................................... 26 H. Public Participation and City Council Action ...................................................................................................... 27 XV. Agreements with Subrecipients (§570.503) ...................................................................................................... 27 XVI. Other Program Requirements ( Subpart K) ......................................................................................................... 28 XVII. Non-discrimination - Fair Housing and Equal Opportunity (§ 570.601) ............................................................. 29 XVIII. Environmental Review (24 CFR part 58, § 570.605 § 570.604) .......................................................................... 29 XIX. Citizen Participation ........................................................................................................................................... 32 XX. Section 109 – Prohibitions Against Discrimination (§570.602) .......................................................................... 32 XXI. Labor Requirements (§ 570.603) ....................................................................................................................... 32 XXII. Residential Anti-Displacement And Relocation Assistance Plan (§570.606) ...................................................... 32 A. Purpose .............................................................................................................................................................. 32 B. Policy .................................................................................................................................................................. 33 XXIII. ADA Requirements ............................................................................................................................................ 35 XXIV. Financial Management ...................................................................................................................................... 36 XXV. Performance Reviews (Subpart O) - Monitoring of Subrecipients ..................................................................... 39 XXVI. Corrective and remedial actions (§570.910) ...................................................................................................... 40
CONTENTS
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The City of Chula Vista is a participating jurisdiction in three of the Department of Housing and Urban Development’ s entitlement grant programs: Community Development Block Grant ( CDBG); Home Investment Partnerships Act (HOME; and Emergency Solutions Grant (ESG) program.
CDBG funds are distributed to states, counties and urban cities to fulfill the goals of the programs:
Provide decent, safe, and sanitary housing
Provide a suitable living environment, and to
Expand economic opportunities principally for low and moderate-income persons.
Basic requirements for a local CDBG program are set forth in CDBG Program Regulations 24 CFR 570. http:// www.hud.gov/ offices/ cpd/ communitydevelopment/ library/ 24cfrpart570mod. pdf. The City’s community needs, resources, priorities and procedures for managing the CDBG program have been approved by the City Council as part of the City’s 2010-2015 Five-Year Consolidated Plan. In addition, each year the City Council approves the current year’ s Action Plan which includes objectives and outcomes identified in the plan, an evaluation of past performance and activities to be undertaken in the next year. Although both the Consolidated Plan and the Action Plan describe the performance standards and procedures City staff will use to evaluate and monitor activities and ensure compliance with HUD requirements, it is necessary to outline and document all programmatic policies and procedures.
24 CFR 570.501(b) states that “The recipient of HUD funds is responsible for ensuring that CDBG funds are used in accordance with all program requirements. The use of designated public agencies, subrecipients, or contractors does not relieve the recipient of this responsibility.” A city’s CDBG Program guidelines must fully describe program requirements through a policy and procedures manual that guides city employees, agencies, contractors and subrecipients on how to use and account for HUD funds.
While the City’s policy and procedures for allocating, managing and reporting on CDBG funds have been in compliance with federal regulations and applicable City policy and practice, this document is intended to satisfy the requirement for a concise policy and procedures administrative manual.
This manual will be reviewed and, if required, revised annually. It can be revised to meet changes in federal regulations, actions of the City Council or to meet administrative needs upon approval of the Development Services Director. The Administrative Manual document will be added as an appendix to the Amended 2020-2024 Consolidated Plan. Copies will be made available to the public upon request, to all current and future CDBG subrecipients and it will be posted on the Development Services Housing webpage.
II. INTRODUCTION
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In addition to this manual, the City of Chula Vista maintains Policies and Procedures for the following programs implemented through the CDBG and HOME programs:
1. Community Housing Investment Program (CHIP);
2. First Time Homebuyer Program;
3. Tenant Based Rental Assistance Program; and
4. Other related programs.
The mission of the U.S. Department of Housing and Urban Development ( HUD) is “ to create strong, sustainable, inclusive communities and quality, affordable homes for all.” HUD’ s vision is “ To improve lives and strengthen communities to deliver on America' s dreams.” HUD’ s five- year (2022- 2026) Strategic Plan with goals and outcome measures can be read at: FY2022- 2026 HUD Strategic Plan
Agency Priority Goals ( APGs) reflect the Department’ s key priorities for the next two years.
Through public goal setting, quarterly leadership discussions, and regular public updates, agencies have made significant progress to advance the selected mission outcomes of APGs.
For FY 2022-2023, HUD will track progress on these APGs:
By September 30, 2023, make homelessness rare, brief, and non-recurring by reducing the number of people experiencing homelessness by 15% from 2020 levels.
By September 30, 2023, maximize the reach of HUD’ s rental assistance programs by increasing the occupancy rates to 96% in the Public and Multifamily Housing programs and the budget utilization rate to 100% in the Housing Choice Voucher program.
HUD will maximize homeownership for creditworthy first-time homebuyers and preserve homeownership for existing homeowners. By September 30, 2023, HUD will maintain a firsttime homebuyer rate of at least 80% for newly endorsed FHA-insured purchase mortgages and a re-default rate for seriously delinquent homeowners who received a loss mitigation action that is below 30%.
By September 30, 2023, protect families from lead-based paint and other health hazards by making an additional 20,000 units of at-risk housing units healthy and lead-safe.
The Office of Community Planning and Development ( CPD) of the U.S. Department of Housing and Urban Development seeks to develop viable communities by promoting integrated approaches that provide decent housing, a suitable living environment, and expanded economic opportunities for low- and moderate-income persons. These goals come out of the mission of HUD to “create strong, sustainable, inclusive communities and quality, affordable homes for all.” The primary means towards this end is the development of partnerships between all levels of government and the private sector, including for-profit and non-profit organizations.
III. BACKGROUND
A. U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
B. OFFICE OF COMMUNITY PLANNING AND DEVELOPMENT
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Consistent with these objectives, the Office of Community Planning and Development has developed a set of underlying principles that are used in carrying out its mission.
Community building begins with job creation, employment, and creation of safe, decent and affordable housing.
Planning and execution of community development initiatives must be bottom-up and community driven.
Complex problems require coordinated, comprehensive, and sustainable solutions.
Government must be streamlined to be made more efficient and effective.
Citizen participation in Federal, State and local government can be increased through communication and better access to information.
CPD seeks to encourage empowerment of local residents by helping to give them a voice in the future of their neighborhoods; stimulate the creation of community- based organizations; and enhance the management skills of existing organizations so they can achieve greater production capacity. Housing and community development are not viewed as separate programs, but rather as among the myriad elements that make up a comprehensive vision of community development. These groups are at the heart of a bottom-up housing and community development strategy.
The City of Chula Vista receives funds annually from the U.S. Department of Housing and Urban Development ( HUD) in three grants: Community Development Block Grant ( CDBG), HOME Investment Partnerships ( HOME) and Emergency Solutions Grant (ESG). Chula Vista is an entitlement community under the HUD programs. This means that HUD funds are allocated to the City every year using a formula based on population, income levels, and other factors. The total level of funding is determined by how much Congress appropriates for the entire nation.
The City of Chula Vista Development Services Department and the U.S. Department of Housing Development have common principles, goals and objectives as highlighted in the mission statement below and further detailed in its Consolidated Plan and Action Plans, respectively.
C. CITY OF CHULA VISTA – ENTITLEMENT COMMUNITY
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The Community Development Block Grant ( CDBG) program supports public services and improvements that benefit low- and moderate-income individuals, families and neighborhoods.
Federal regulations governing the CDBG program are in Title 24 of the Code of Federal Regulations Part 570.
Pursuant to 24CFR 570, the City may allocate up to twenty percent ( 20%) of the CDBG entitlement amount to administration and planning activities and fifteen (15%) to public service programs.
1. Administration: Funds programmed under Administration and Planning funds cover all costs associated with the management and administration of Chula Vista' s CDBG program.
2. Public Services Program: Public Service dollars are used to fund activities which include employment services, childcare , health services, substance abuse services, welfare and recreation needs.
3. Capital Improvement and Community Development: Projects under this category include acquisition, construction or installation of eligible public facilities improvements ( except for buildings for the general conduct of government) and other public improvements including streets, sidewalks, curbs, gutters, parks, playgrounds, water/ sewer lines and flood/ drainage improvements. This category also includes debt service payments for Section 108 loans.
HOME is authorized under Title II of the Cranston-Gonzalez National Affordable Housing Act, as amended. Program regulations are at 24 CFR Part 92
http:// www.hud.gov/ offices/ cpd/ lawsregs/ rules/ finalrule.pdf). HOME is the largest Federal block grant to State and local governments designed exclusively to create affordable housing for low-income households.
Pursuant to 24 CFR 92, the City may allocate up to ten percent (10%) to administration/ planning activities. The remainder is used to create affordable housing opportunities in the form of first- time homebuyer assistance, rental assistance, rehabilitation assistance and production of affordable housing units.
The Emergency Solutions Grant ( ESG) program is authorized by subtitle B of title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 113711378). The program authorizes the IV. CITY OF CHULA VISTA ENTITLEMENT PROGRAMS
A. COMMUNITY DEVELOPMENT BLOCK GRANT
B. HOME INVESTMENT PARTNERSHIPS ACT (HOME)
C. EMERGENCY SOLUTIONS GRANT
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Department of Housing and Urban Development ( HUD) to make grants to States, units of government and territories for rehabilitation or conversion of buildings for use as emergency shelter for the homeless, for the payment of certain expenses related to operating emergency shelters, for essential services related to emergency shelters and street outreach for the homeless and for homeless prevention and rapid re-housing assistance. In May 2009, President Obama signed the Homeless Emergency Assistance and Rapid Transition to Housing ( HEARTH) Act of 2009. The HEARTH Act amends and reauthorizes the McKinney-Vento Homeless Assistance Act with substantial changes, including:
A consolidation of HUD’ s competitive grant programs;
A change in HUD’ s definition of homelessness and chronic homelessness; An increase in prevention resources,
An increase in the emphasis on performance, and
Participation in Coordinated Entry; and
Have each client complete a VISDAT and enter the data into HMIS.
ESG- CV
In response to the Coronavirus ( COVID-19) pandemic, Office of Community Development approves the following policy and procedure adjustments for Emergency Solutions Grant (ESG) COVID-19 CARES Act funding until further notice or as indicated below. Note that these adjustments apply only to ESG-CV funding which must be used to prevent, prepare for, and respond to the coronavirus. These adjustments will be subject to further change as Federal COVID guidance develops.
Effective Date: Expenditures beginning June 29, 2020, until September 30, 2023.
Section I explains US Housing and Urban Development ( HUD) coronavirus related regulation requirement changes to the ESG program through notices and memorandums. These modifications are to be used with ESG CV-19 funds to prevent, prepare for, and respond to the coronavirus.
Section II refers to additional guidance for written standards from HUD technical staff. These standards are to be used laterally with the Office of Community Development’ s regular ESG Operations Manual.
Section III is a listing of HUD COVID- 19 reference materials and resources.
Recipients and Subrecipients may use ESG-CV funds for program components: Administration, Street Outreach, Emergency Shelter Operations, Homeless Prevention, Rapid Re-housing Assistance. All regular ESG program components and the eligible activities that may be funded under each are set forth in 24 CFR 576.101 through 576.107.
All regular ESG eligible activity costs can be applied to ESG CV funds. Below lists additional eligible ESG CV activity expenditures.
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Temporary Emergency Shelters
Temporary emergency shelters funded with ESG-CV funding used to prevent, prepare for, and respond to COVID-19 must comply with non-discrimination and applicable accessibility requirements. The Coronavirus Aid, Relief, and Economic Security (CARES) Act prohibits providers from requiring program participants to receive treatment or perform any other prerequisite activities as a condition of receiving shelter or other services. Emergency shelters and temporary emergency shelters funded with ESG or ESG-CV cannot prohibit program participants from leaving. Re-entry may be limited based on infection control and safety measures; however, prerequisites - such as submitting to coronavirus testing - are not permitted. Although, screening for symptoms is permitted.
The habitability requirements at 24 CFR 576.403(b) do not apply to temporary emergency shelters that have been determined by State or local health officials to be necessary to prevent, prepare for, and respond to coronavirus. Lead-based paint requirements must still be met. In general, a temporary emergency shelter must be able to meet a person’ s basic needs, including:
Protection from inclement weather that provides cover on all sides and overhead Access to sanitary facilities for hygiene and toileting Space to sleep and rest, which includes sleeping accommodations ( e.g., mat, cot, bed, etc.) for structures that provide overnight shelter
Adequate ventilation to prevent stagnant air problems.
Acceptable temporary emergency shelter facilities:
Temporarily repurposed public spaces such as municipal service buildings, libraries, and recreation centers
Community- based private spaces, such as faith-based sanctuaries or basements Hotels and motels
COVID-19 temporary/ emergency shelter eligible program participant costs can include:
Cleaning supplies – bleach, disinfectant wipes, scrubbers, mops, bed linens, towels, hand sanitizer, soap, tissue packets
Protective equipment – masks, disposable gloves
Furnishings – cots, room dividers
Other equipment – washers, dryers, portable handwashing stations Transportation – train or bus tokens, taxi or rideshare for program participant travel to and from medical care, childcare facilities, other shelter locations, employment.
Street Outreach
As provided by the CARES Act, the cap established for street outreach activities does not apply to ESG CV funds. Funds must be used to prevent, prepare for, and to respond to the
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coronavirus among people experiencing homelessness. Added eligible ESG CV costs to prevent, prepare for, and respond to the coronavirus are:
Engagement – Urgent physical needs addressed
PPE equipment – Hand sanitizer, soap, tissue packets, masks, handwashing stations, portable bathrooms
PPE for street engagement staff – masks, hand sanitizer, gloves Case management – Referrals to shelter/ housing options Coordinating medical care – train or bus tokens, taxi or rideshare for program participant travel to and from medical care
Expanded Staffing – hiring additional staff to support infectious disease preparedness.
Homeless Prevention and Rapid Rehousing
Short-term and medium-term rental assistance is defined as “for more than 3 months but not more than 24 months of rent” has been waived through CPD Notice 20-08. An alternative requirement has been established where medium-term is for more than 3 months but not more than 12 months. The alternate requirement allows for more households to receive RRH and HP assistance.
The requirement that prohibits rental assistance where rent for the unit exceeds the Fair Market Rent is waived provided the rent complies with established Rent Reasonableness.
Waiving this requirement allows agencies to move program recipients into housing more quickly.
ESG CV funds can be used to provide rental assistance whose rent exceeds FMR throughout the period to prevent, prepare for and respond to the coronavirus.
In order to ensure current program participants receiving HP and RRH assistance do not lose their housing during the pandemic, the total period of time for which a participant may receive services has been revised to:
1. The requirement at 24 CFR 576.105(c) limiting the total period of time for which any program participant may receive the services under paragraph (b) to 24 months during any 3-year period is waived solely for those program participants who reach their 24- month maximum assistance during the period beginning on the presumed start of this crisis, January 21, 2020 – the date the first confirmed case was reported in the United States, and ending 6 months from the date of publication of this Notice, provided that the services are only extended for these program participants for up to a maximum of an additional 6 months; and
2. The requirement at 24 CFR 576.106(a) limiting the total number of months a program participant can receive rental assistance to 24 months in a 3-year period is waived solely for those program participants who reach their 24-month maximum during the period beginning on the presumed start of this crisis, January 21, 2020 – the date the first
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confirmed case was reported in the United States, and ending 6 months from the date of publication of this Notice, provided that the rental assistance is only extended for these program participants for up to a maximum of an additional 6 months.
Written Standards Commonly Requiring Updates for Coronavirus Response Written Standards were prepared by HUD technical assistance providers and intended only to provide guidance. This section is intended to provide clarity to the agencies regarding suggested written standards.
1. Coordinated entry systems (CES) may consider modifying and expediting the assessment, scoring, and eligibility determinations to prioritize those at high risk for severe illness from COVID-19 for shelter and housing. Coordinated entry modifications must be consistent with fair housing and nondiscrimination requirements.
In collaboration with the local Public Healthcare, agencies should streamline and update questions in the Coordinated Entry Assessment System to include COVID-19 vulnerabilities for people experiencing homelessness. This assessment should be used for shelter congregate or non- congregate placement assessment as well as housing placement during the pandemic.
During COVID-19, HUD supports communities with changes to assessments or prioritizations that include COVID- 19 vulnerabilities such as age, specific health conditions, and/ or medical frailty when considering shelter/ housing options. It is important to prioritize these vulnerabilities to prevent the spread of coronavirus among those who are homeless and to respond to those people already impacted by the pandemic.
2. Emergency shelters are a vital, life-saving resource that play a key role in communities’ COVID-19 responses. Agencies must establish basic policies ensuring that shelters maintain operations and remain accessible to people experiencing homelessness who are particularly vulnerable to adverse health outcomes related to COVID-19 infection.
Shelters funded by ESG-CV may not turn away eligible program participants and should establish referral pathways to other shelters or housing if the shelter is at maximum capacity. Shelters must establish referral pathways to isolation and quarantine if a client is in need of such services.
Providing transportation to alternative shelter sites is an eligible cost.
Someone who presents at an ESG-CV funded shelter with respiratory symptoms ( e.g., cough) should not be turned away solely because of their health symptoms.
Transportation to health care, health care assessment, and/ or isolation protocols for suspected COVID cases should be established.
Shelters funded by ESG-CV are strongly discouraged from implementing a maximum
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length of stay when a discharge will result in program participants returning to unsheltered settings or situations putting them at a higher risk of COVID-19 infection.
Any ESG-funded shelter that is considering closing or not accepting new residents must immediately notify the local CoC, public health authority, and emergency management officials. It is noted that the Temporary Emergency Shelters are due to close March 2021.
3. Expanded Definition of ESG-CV-Eligible Shelter Funds - ESG-CV allows for a variety of spaces to be used as Temporary Emergency Shelters. If the recipient funds new and different kinds of shelter, that should be explained.
The purpose of ESG-CV funds is to prevent, prepare for, and respond to COVID-19 in order to prevent and mitigate the spread of COVID- 19 among people experiencing homelessness and the staff that provide services to these individuals. This requires that existing shelters implement public health protocols such as:
enforcing social distancing,
establishing an isolation space ( especially for residents suspected of having COVID- 19, those with confirmed cases, and high-risk residents such as elderly people and people with pre-existing health conditions), using personal protective equipment (PPE),
and cleaning/ disinfecting shared and living spaces.
In county areas where existing shelter is not available or where current shelters are not able to implement these safety protocols, additional space may need to be identified to allow people to have shelter while staying as healthy as possible. This may be space within an existing shelter ( e.g., an office not being used) that could be temporarily converted into a quarantine space for someone who has tested positive or is awaiting test results, or it could be an entirely separate building, or hotel rooms. Eligible shelter spaces may include public spaces, pop up or modular structures in compliance with U.S. Department of Housing and Urban Development ( HUD) guidance.
4. It is important to coordinate with public health partners to establish specific procedures to prevent, prepare for, and respond to the COVID-19 pandemic. If compliance with public health guidance is different for victims of domestic violence or other protected populations, document these alternative procedures.
Shelters will utilize symptom screening as a part of intake procedures, that have been reviewed and approved by a local public health partner. Daily screenings for staff and guests are required to occur on a regular basis. It is recommended that as guests and staff enter a shelter, face masks are to be provided and worn. Hand washing and the use of hand sanitizer should be encouraged as well.
Shelters funded by ESG-CV must establish referral pathways to isolation and quarantine
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if a guest is in need of such services. Shelter staff are required to follow all policies and procedures set out by County of San Diego Public Health, the California Governor’ s Executive Orders and guidance as well as Housing and Urban Development (HUD) ESG CV19 guidance.
Shelters funded through ESG-CV will maintain social distancing requirements established in partnership with the County or State’ s Department of Public Health. The number of guests and bed spacing must comply with COVID prevention guidance. Other suggested prevention methods (but not only) are:
Use physical barriers to protect staff who will have interactions with clients with unknown infection status (e.g., check-in staff). For example, install a sneeze guard at the check-in desk or place an additional table between staff and clients to increase the distance between them to at least 6 feet.
In meal service areas, create at least 6 feet of space between seats, and/ or allow either for food to be delivered to clients or for clients to take food away.
In general sleeping areas (for those who are not experiencing respiratory symptoms), try to make sure client’s faces are at least 6 feet apart.
Align mats/ beds so clients sleep head-to-toe.
Shelter staff will flag a domestic violence request to safeguard that the guest is not placed in the same shelter location as the ex-partner/ abuser. Staff will also refer guests to domestic violence resources throughout the community.
5. Any procedures for providing street outreach that have been updated or modified locally to address coronavirus safety measures should be documented to ensure that they are followed. Any health-related changes should be developed in coordination with public health partners and align with ESG CV-19 guidance.
Street outreach staff must follow all CDC safety guidelines to help prevent the spread of coronavirus. These include keeping hands washed, using a hand sanitizer, wearing a mask, and maintaining at least 6 feet when interacting with persons.
A sample of HUDs approved alternative street outreach activities could include:
Distribution of masks or other PPE, if available, to people who are unsheltered.
Provision of handwashing stations and portable bathrooms.
Provide information on coronavirus prevention and symptoms.
6. Sub-recipients’ policies and procedures for coordination among emergency shelter providers, essential services providers, homelessness prevention, and rapid rehousing RRH) assistance providers; other homeless assistance providers; and mainstream service and housing providers should be coordinated and integrated to the maximum
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extent practicable.
Agencies are to have open lines of communication and make a coordinated effort to work together. Street outreach staff should work with shelter staff to help facilitate getting folks into shelter care. Shelter staff and housing advocates should coordinate efforts to move shelter guests into permanent housing.
7. Policies and procedures for determining and prioritizing which eligible families/ individuals will receive Homelessness Prevention ( HP)assistance and which eligible families/ individuals will receive Rapid Re-housing (RRH) assistance should be established.
Agencies should consider updating prioritization policies to house people at severe risk of contracting COVID-19. Targeted prevention should include high-risk individuals such as people of color, persons with pre-existing health conditions, or elderly. Subrecipients may prioritize the use of ESG-CV funds for proven strategies, especially RRH for those experiencing homelessness. Such strategies should be documented. Note:
people cannot be denied RRH because of zero income.
8. Standards for determining what percentage or amount of rent and utilities costs each program participant must pay while receiving HP or RRH assistance can be adjusted as needed. Standards for determining how long a particular program participant will be provided with rental assistance and whether and how the amount of that assistance can be adjusted over time.
Changing the percentage of client payment requirement is allowable. Under the Coronavirus Aid, Relief, and Economic Security (CARES) Act ESG-CV funding, there will be no rental payment requirement for households receiving financial assistance. Projects funded are expected to serve people with zero income.
The CARES Act provides that ESG-CV funds may be used to mitigate the economic impact of COVID-19. Programs are encouraged to consider the maximum number of rental assistance months be extended/ adjusted to address unemployment, loss of income, or benefits due to COVID-19. It is noted that for ESG CV-19 funds the cap has been lowered to no more than 12 months.
RRH sub-recipients can use a progressive engagement model; this practice supports using the least intensive case management to help resolve homelessness for the individual or family.
Providers are to add more assistance only as necessary if the less intensive case management is unsuccessful.
9. Agencies should have a process for determining the type, amount, and duration of
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housing stabilization and/ or relocation services to provide to a program participant, including the limits (if any) on the HP or RRH assistance that each program participant may receive (such as the maximum amount of assistance, maximum number of months the program participant may receive assistance, or the maximum number of times the program participant may receive assistance).
ESG-CV funds may be used to provide housing relocation and stabilization services and short- and/ or medium-term rental assistance necessary to prevent an individual or family from moving into an emergency shelter or another place deemed temporary.
Agencies should coordinate with emergency shelter staff in order to provide rapid rehousing opportunities for “high risk of coronavirus” shelter guests.
10. The limitations on eligible activities under section 415(a) of the McKinney-Vento Act and 24 CFR 576.105 are waived and alternative requirements are established to the extent necessary to authorize ESG-CV funds to be used under 24 CFR 576.105 to add the eligible cost of paying for landlord incentives as reasonable and necessary to obtain housing for individuals and families experiencing homelessness and at risk of homelessness. However, a recipient may not use ESG-CV funds to pay the landlord incentives set forth below in an amount that exceeds three times the rent charged for the unit.
Agencies may use ESG-CV funds to pay for landlord incentives that are reasonable and necessary to obtain housing for individuals and families experiencing homelessness and at risk of homelessness. Landlord incentives may not exceed three times the rent charged for the unit.
Eligible landlord incentives include:
Signing bonuses equal to 2 months of rent.
Security deposits equal to up to three months of rent, or the state statute.
Costs to repair damages incurred by the program participant not covered by the security deposit or that are incurred while the program participant is still residing in the unit.
Paying the costs of extra cleaning or maintenance of a program participant’ s unit or appliances.
11. “Duplication of benefits” occurs when federal financial assistance is provided to a person or entity through a program to address losses resulting from a federallydeclared emergency or disaster, and the person or entity receives or would receive financial assistance for the same costs from any other source, and the total amount received exceeds the total need for those costs. Subrecipients must establish and maintain adequate procedures to prevent any duplication of benefits with ESG-CV funds.
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Agencies must have a process to verify that subrecipients, assisted individuals or families, businesses, and other entities have not previously received or will not receive duplicative assistance from another source. All agencies receiving ESG CV-19 funds must have access to the Homeless Management Information System (HMIS) database or a comparable one.
Suggested ways agencies can document DOB verifications can be:
Requiring entities or beneficiaries to provide a self-certification indicating that they have not received a duplicative benefit.
Requiring entities or beneficiaries to fill out a questionnaire listing potentially duplicative assistance that they have already received, or reasonably anticipate receiving.
Having financial resource budget line items kept separately so that funds from multiple sources are not mixed and are easy to tract.
Using HMIS data system to tract all client funding sources.
HUD COVID- 19 refence materials and resources
ESG and ESG CV-19 program information can be found on:
https:// www.hudexchange. info/ programs/ esg/
Additional ESG CV-19 program information:
https:// www.hud.gov/ program_offices/ comm_planning/ homeless_ esg_covid-19 For COVID-19 specific program information and webinars:
https:// www.hudexchange. info/ homelessness- assistance/ diseases/ COVID-19 related resources for winter shelter planning and operations:
https:// www.hudexchange. info/resource/ 6193/ covid19-homeless- system-response- winterplanning-resources/ The Chula Vista Housing and Homeless Services is the lead department within the City which coordinates the annual plan development and implementation of the federal grant programs CDBG, HOME, ESG, and NSP). While the Housing and Homeless Services Department is responsible for the programmatic side of the grants, the Department relies on the Finance Department to provide fiscal support.
and Council
V. CITY OF CHULA VISTA ORGANIZATIONAL STRUCTURE
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Housing and
Homeless Services
Department
Section A below identifies the key staff members and their roles and responsibilities.
Housing and Homeless Services Director: Under general direction of the City Manager, plans, organizes, and oversees the programs, services, and operations of the Housing and Homeless Services Department, including affordable housing development, homeless services efforts, and other related projects. Presents proposals and recommendations to City Council.
Principal Management Analyst: Under general direction of the Housing and Homeless Services Director, the Principal Management Analyst ( hereinafter Supervisor) oversees the funds of the Housing and Homeless Services Department, including Low/ Moderate Income funds; reports to granting agencies; and performs related duties as assigned.
Management Analyst: Under direct supervision of the Principal Management Analyst, the Senior Management Analyst ( hereinafter Grant Administrator) oversees the daily operations of the grant administration. This includes preparation of all planning documents, regulatory compliance, contract administration with City Departments, Contractors and Subrecipients as well as monitoring, environmental reviews and fiscal management. Presents proposals and recommendations to the City Council and the general public; and performs related duties as assigned related to the management of the grant programs.
Senior Management Analyst: Under the direct supervision of the Finance Department Budget Manager, the Senior Management Analyst is responsible for reviewing and approving draw voucher proposals.
It is important to ensure that staff receives the appropriate information and training to enable staff to complete tasks according to grant regulations and other requirements. Staff are required to attend available CDBG training courses in California and participate in webinars as needed to keep informed and current on HUD regulations. Staff are required to report new information via staff meetings and e-mails. The Grant Administrator subscribes to HUD notices via e-mail. The City is also a member of the National Association of Housing and Redevelopment Officials NAHRO).
A. STAFF DUTIES AND RESPONSIBILITIES
B. TRAINING AND INFORMATION DISSEMINATION
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The City of Chula Vista Subrecipient Manual provides detailed information for subrecipients on program requirements and rules regarding HUD and City’s policies. The Subrecipient Manual is updated, if needed, on an annual basis and is available by request.
The City of Chula Vista Housing staff accepts the responsibility for ensuring that CDBG funds are used in accordance with all program requirements. The use of subrecipients or contractors does not relieve the City of Chula Vista Housing staff of its responsibility. The City of Chula Vista Housing staff is also responsible for determining the adequacy of performance under subrecipient agreements and procurement contracts, and for taking appropriate action when performance problems arise, such as the actions described in this manual §570.910.
The City of Chula Vista may assist an activity in whole or in part with CDBG funds for activities which include, but are not limited to the following:
1. Acquisition of real property;
2. Relocation and demolition;
3. Rehabilitation of residential and non-residential structures;
4. Construction of public facilities and improvements, such as water and sewer facilities, streets, neighborhood centers, and the conversion of school buildings for eligible purposes;
5. Public services, within certain limits;
6. Activities relating to energy conservation and renewable energy resources; and
7. Provision of assistance to profit-motivated businesses to carry out economic development and job creation/ retention activities.
The general rule is that the City of Chula Vista’s CDBG funds shall not be used for any activity that is not authorized u n d er the provisions of §570.201–§570.206. Generally, the following types of activities are ineligible:
1. Acquisition, construction, or reconstruction of buildings for the general conduct of government.
2. Political activities;
3. Certain income payments; and
4. Construction of new housing by units of general local government.
During each program year, not less than seventy percent (70%) of CDBG funds must be used for VI. GRANT ADMINISTRATION ( SUBPART J)
VII. BASIC ELIGIBLE ACTIVITIES § 570.201
VIII. INELIGIBLE ACTIVITIES (§ 570.207)
IX. OBJECTIVES/ PRIORITIES/ CRITERIA
A. NATIONAL OBJECTIVES - CDBG
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activities that benefit low- and moderate-income persons. In addition, each activity must meet one of the following National Objectives for the program:
1. Provide a benefit to low/ moderate income individuals, families or in neighborhoods containing 51% or more low/ moderate income persons.
2. Prevention or elimination of slums or blight; or
3. Address community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community for which other funding is not available.
Consistent with the National Objectives, the City of Chula Vista established funding priorities to be addressed under the 2020-2024 Consolidated Plan and respective Annual Plans.
During the d e v e l o p m e n t o f t h e 2020 -2024 Consolidated Plan, the following priorities were established as High Priority Need:
Priority Goal Activity
B. CHULA VISTA HOUSING OBJECTIVES
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FIGURE 1: MAP-CITY OF CHULA VISTA LOW/ MODERATE INCOME CENSUS TRACTS
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In December 2014, 2 CFR Part 200 – “Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards,” commonly referred to as Uniform Guidance, became effective for all federal agencies and their grantees. This sweeping regulation replaced, combined, and streamlined eight previous sets of federal regulations. https:// www.hud.gov/ program_offices/ public_indian_housing/ ih/regs/ resources In addition, Subrecipients with operating budgets with $750,000 of federal funds shall submit Audited Financial Statements reviewed by an independent auditor.
The receipt and expenditure of program income as defined in §570.500(a) shall be recorded as part of the financial transactions of the City of Chula Vista CDBG grant program.
Program income received before grant closeout may be retained by the City of Chula Vista if the income is treated as additional CDBG funds subject to all applicable requirements governing the use of CDBG funds.
The sources for CDBG program income are from:
1. Repayment of down payment assistance made to first-time homebuyers;
2. Repayment of rehabilitation loans made to homeowners when the owner refinances the mortgage on the home or when the home is sold; and
3. Income earned derived from Section 108 loan proceeds.
The City receipts CDBG program income on an annual basis to IDIS. Program income funds are drawn down prior to entitlement funds.
The City has used CDBG funds to fund the Community Housing Improvement Program to provide income-eligible homeowners to rehabilitate their home.
X. APPLICABILITY OF UNIFORM ADMINISTRATIVE
REQUIREMENTS (§ 570.502 )
XI. PROGRAM INCOME (§ 570.504)
XII. RECORDS TO BE MAINTAINED (§ 570.506)
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The City of Chula Vista shall establish and maintain sufficient records to enable HUD to determine whether the City of Chula Vista has met the CDBG program requirements for activities administered by the City under the CDBG program. At a minimum, the following records will be maintained:
Records providing a full description of each activity assisted ( or being assisted) with CDBG funds, including its location, the amount of CDBG funds budgeted, obligated and expended for the activity, and the provision in subpart C under which it is eligible.
Records demonstrating that each activity undertaken meets one of the criteria set forth in 570.208. (Criteria for National Objectives) The City of Chula Vista may substitute evidence that the assisted person is homeless. Such records shall include the following information:
1. For each activity determined to benefit low- and moderate -income persons, the income limits applied and the point in time when the benefit was determined.
2. For each activity determined to benefit low- and moderate -income persons based on the area served by the activity as per HUD Notice CPD 05-06:
a. The boundaries of the service area;
b. The income characteristics of families and unrelated individuals in the service area; and
c. If the percent of low- and moderate -income persons in the service area is less than 51 percent, data showing that the area qualifies under the exception criteria set forth at
3. § 570.208(a)(1)(ii).
a. For each activity determined to benefit low- and moderate -income persons because the activity involves a facility or service designed for use by a limited clientele consisting exclusively or predominantly of low- and moderate-income persons:
i. Documentation establishing that the facility or service is designed for the particular needs of or used exclusively by senior citizens, adults meeting the Bureau of the Census' Current Population Reports definition of “ severely disabled,” persons living with AIDS, battered spouses, abused children, the homeless, illiterate adults, or migrant farm workers, for which the regulations provide a presumption concerning the extent to which low- and moderateincome persons benefit; or ii. Documentation describing how the nature and, if applicable, the location of the facility or service establishes that it is used predominantly by low- and moderate -income persons; or
4. iii Data showing the size and annual income of the family of each person receiving the benefit. 3) Records that demonstrate that the City of Santa Barbara has made the determinations required as a condition of eligibility of certain activities, as prescribed in §§570.201(f)- interim assistance, 570.201(i)(2) - emergency, 570.201(p) technical assistance, 570.201(q) – higher education institutions, 570.202(b)(3) – rehabilitation loans, 570.206(f) - Submission of applications for federal programs, 570.209 – economic development, 570.210 – prohibition employee relocation, and 570.309 – restriction on location.
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5. Records which demonstrate compliance with § 570.505 - regarding any change of use of real property acquired or improved with CDBG assistance.
6. Records that demonstrate compliance with the citizen participation requirements prescribed in 24 CFR part 91, subpart B, for entitlement recipients.
7. Records that demonstrate compliance with the requirements in § 570.606 regarding acquisition, displacement, relocation, and replacement housing.
8. Financial records, in accordance with the applicable requirements listed in § 570.502 - uniform administrative requirements - including source documentation for entities not subject to parts 84 and 85 of the regulation. Grantees shall maintain evidence to support how the CDBG funds provided to such entities are expended. Such documentation must include, to the extent applicable, invoices, schedules containing comparisons of budgeted amounts and actual expenditures, construction progress schedules signed by appropriate parties ( e.g., general contractor and/ or a project architect), and/ or other documentation appropriate to the nature of the activity.
9. Records required to be maintained in accordance with other applicable laws and regulations set forth in subpart K of this part.
10. Fair housing and equal opportunity records containing:
11. Documentation of the analysis of impediments and the actions the City of Chula Vista has carried out with its housing and community development and other resources to remedy or ameliorate any impediments to fair housing choice in the City of Chula Vista’s community.
12. Data on the extent to which each racial and ethnic group and single-headed households ( by gender of household head) have applied for, participated in, or benefited from, any program or activity funded in whole or in part with CDBG funds. Such information shall be used only as a basis for further investigation as to compliance with nondiscrimination requirements. No recipient is required to attain or maintain any particular statistical measure by race, ethnicity, or gender in covered programs.
13. Data on employment in each of the City of Chula Vista operating units funded in whole or in part with CDBG funds, with such data maintained in the categories prescribed on the Equal Employment Opportunity Commission' s EEO–4 form; and documentation of any actions undertaken to assure equal employment opportunities to all persons regardless of race, color, national origin, sex or handicap in operating units funded in whole or in part under this part.
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14. Data indicating the race and ethnicity of households ( and gender of single heads of households) displaced as a result of CDBG funded activities, together with the address and census tract of the housing units to which each displaced household relocated. Such information shall be used only as a basis for further investigation as to compliance with nondiscrimination requirements. No recipient is required to attain or maintain any particular statistical measure by race, ethnicity, or gender in covered programs.
15. Documentation of actions undertaken to meet the requirements of § 570.607(b) which implements section 3 of the Housing Development Act of 1968, as amended ( 12 U.S.C. 1701U) relative to the hiring and training of low- and moderate- income persons and the use of local businesses.
16. Data indicating the racial/ ethnic character of each business entity receiving a contract or subcontract of $25,000 or more paid, or to be paid, with CDBG funds, data indicating which of those entities are women' s business enterprises as defined in Executive Order 12138, the amount of the contract or subcontract, and documentation of recipient' s affirmative steps to assure that minority business and women' s business enterprises have an equal opportunity to obtain or compete for contracts and subcontracts as sources of supplies, equipment, construction and services. Such affirmative steps may include, but are not limited to, technical assistance open to all businesses but designed to enhance opportunities for these enterprises and special outreach efforts to inform them of contract opportunities.
Such steps shall not include preferring any business in the award of any contract or subcontract solely or in part on the basis of race or gender.
17. Documentation of the affirmative action measures the City of Chula Vista has taken to overcome prior discrimination, where the courts or HUD have found that the City of Chula Vista has previously discriminated against persons on the ground of race, color, national origin or sex in administering a program or activity funded in whole or in part with CDBG funds.
Beginning in fiscal year 1995, the U.S. Department of Housing and Urban Development ( HUD) required local communities and states to prepare a Consolidated Plan in order to receive federal housing and community development funding.
A Consolidated Plan is required of any city, county or state that receives federal block grant funding for housing and community development funding, including the Community Development Block Grants ( CDBG), Emergency Shelter Grants ( ESG), the HOME Investment Partnerships Program and the Housing Opportunities for People with AIDS (HOPWA) program.
XIII. REQUIRED ANNUAL REPORTS (§ 570.507)
A. FIVE -YEAR CONSOLIDATED PLAN
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Consolidated Plans are required to be prepared every three to five years; updates are required annually through Annual Action Plans.
The purpose of the Consolidated Plan is:
1. To identify a city’s, county’s or state’s housing and community development ( including neighborhood and economic development) needs, priorities, goals and strategies; and
2. To stipulate how funds will be allocated to housing and community development activities.
In addition to the Consolidated Plan, jurisdictions receiving block grant funding must complete an Annual Action Plan. The Action Plan designates how the City proposes to spend the federal block grant funds in a given program year. The Action Plan shall include goals, objectives and performance measurements for all CDBG-funded activities and projects.
The City of Chula Vista typically receives approximately $ 3million in combined federal grant funds each year. However, if amount of annual entitlement amount is not known during the planning process, a Draft Action Plan including recommended appropriation of funds to subrecipients, contingency plans and approval of the CDBG program year budget is submitted to City Council by Housing and Homeless Services Staff for approval. Upon receipt of annual entitlement award amount, staff will complete the annual Action Plan of the five-year Consolidated Plan for Housing and Community Development based on the Council action, using the HUD Consolidated Plan Management Process (CPMP tool).
The City will publish a notice for a 30-day public review period, which shall include information as to where copies of the draft plan may be found and how members of the public can provide comments.
Following the public review period, Housing and Homeless Services Staff shall submit the Action Plan to the Los Angeles HUD Field Office no later than May 15 of each year (45 days prior to the start of the program year) unless a written extension of time is requested and received.
Once HUD has received and reviewed the Action Plan, and the appropriate agreements with HUD have been signed for CDBG, City staff shall prepare and process agreements with subrecipients as approved by the Council. The City Attorney shall annually review the draft CDBG public services and capital memorandums of understanding to ensure compliance with federal, state and City codes and regulations, including non-discrimination clauses and City insurance requirements.
B. ANNUAL ACTION PLAN
C. CONSOLIDATED ANNUAL PERFORMANCE EVALUATION REPORT ( CAPER)
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At the end of each program year, the Grant Administrator shall prepare the Consolidated Annual Performance Evaluation Report ( CAPER) using the HUD Consolidated Plan Management Process CPMP) tool. The CAPER shall include the required IDIS program and financial reports and provide clear and correct financial and beneficiary information showing how the City is carrying out its housing community development strategies, projects and activities.
The draft CAPER shall be available for a thirty-day public review period in September each year together with information on how to provide comments and/ or questions. Print copies shall be available at the Housing and Homeless Services office with a copy posted on the City’s web site.
The City shall submit the final CAPER with public comments and City responses to the HUD – Los Angeles Field Office no later than September 30th each year, or within ninety days following the close of the program year.
The HUD Los Angeles Field Office prepares an annual Program Year Review Letter with comments on the use of CDBG and HOME funds as reported in the CAPER.
The City will follow up on any necessary corrections or recommendations contained in the Review Letter as quickly as possible.
1. The Finance Department shall ensure that SF 425 and SF 425-A, the Quarterly Federal Financial Report, are filed accurately and in a timely manner.
2. The Program Administrator shall submit to HUD each year a report (HUD/ EEO–4) on recipient employment containing data as of June 30.
3. The Grant Administrator shall ensure that HUD forms 60002 ( Section 3 Summary Report), 2516 ( MBE Contract Activity) and 4710 ( Labor Standards) are filed correctly and in a timely manner.
4. The Grant Administrator will submit such other reports and information as HUD determines is necessary to carry out its responsibilities under the Act or other applicable laws.
5. The Grant Administrator shall work with all subrecipients to ensure that they understand reporting requirements, with the understanding that the City and subrecipients share joint responsibility for carrying out permitted activities in conformance with federal requirements. Subrecipients shall provide documentation that demonstrates the achievement of program goals and the completion of activities on a monthly basis. All requests for reimbursement shall have adequate documentation of how federal funds were used and that funds were used only for eligible activities. Complete records, and accurately D. PROGRAM AND FINANCIAL REPORTING
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and timely reporting, are essential to successful CDBG programs for the City and all subrecipients.
6. The Grant Administrator shall ensure that expenditures of CDBG funds shall be drawn down from the U.S. Treasury on a regular basis and not less than quarterly.
A funding cycle schedule is determined annually by Housing Staff and is based upon the following general guidelines:
In order to ensure maximum participation, public notices are published with the funding availability announcement, information on requirements and the applicant workshop are mailed to all agencies that expressed an interest in applying during the previous year and to those who have applied for funding in the past two years. Current grant recipients are also e- mailed the funding announcement and the time, date and location of the mandatory workshop and the announcement is posted on the City’s web site informing the public of the opportunity to apply and the orientation workshop.
All applicants will submit a Master application detailing the proposed program, goals, measurable objectives and agency/ program finances. Capital applicants must also submit a supplemental application outlining the proposed project.
As part of the application packet, applicants must submit the following documents:
XIV. SUBRECIPIENT APPLICATION AND AWARD PROCESS
A. SCHEDULE
B. SOLICITATION OF APPLICATIONS FOR CDBG FUNDS
C. APPLICATION REQUIREMENTS
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1. Cover Letter: Cover letter must include a Board Resolution approving the submittal of the Proposal/ Application
2. Table of Contents which lists all Proposal pages by sequentially, numbered pages. These page numbers may be entered in pen in the lower right-hand corner of each page, after the proposal is assembled.
3. List of City Contracts in the last three ( 3) years. If there a no City Contracts, a list with relevant contracts for the same or similar types of services in size and scope. Information should include type of contracted services, length of contact, performance outcomes and compliance issues.
4. Monitoring/ Compliance Issues: If currently contracted with the City of Chula Vista or the Department of Housing and Urban Development – a letter certifying that there are no outstanding findings or monitoring issues with the agency in any federally or City of Chula Vista funded project is required. If there are current outstanding findings, a letter on how the issues will be addressed is required.
5. Subcontractors: If subcontractors or other organizations are proposed to be used to meet specific program requirements, the following information is required:
6. List of the subcontractor( s) and description, in accordance with the appropriate experience requirements specified above, the experience of each subcontractor or other organization in meeting the specific program requirements ( CDBG/ ESG).
7. Description of specific program requirements ( i.e. fiscal capacity, service, or other sub contractual duties) for which this subcontractor( s) shall be responsible and how the requirements will be monitored by the applicant.
8. 501(C)3 Certification: Certification of tax-exempt status from the Internal Revenue Service, for at least 2 full years, or equivalent operating experience under another nonprofit organization which meets this criterion or be a governmental organization or be a legally incorporated entity in the State of California.
9. Audited Financial Statements: A complete set of the past two years is required, in accordance with Office of Management and Budget OMB Circular A-133. Any non-federal entity including States , Local Governments and Non -Profit organizations that expend.
10. $750,000 or more in a year in Federal awards shall have an OMB Circular A-133 single audit and the latest status of the correction plan.
11. Fiscal Management Process: A copy of written financial management policies and procedures that includes a copy of internal controls to ensure safeguarded and proper use of funds.
12. Policies and Procedures: For profit and non-profit applicants: Description of policies and procedures in place to assure the project(s) is being administered in accordance with federal regulations described in this NOFA. City staff will review the policies and procedures only for administering CDBG, and projects. This includes a description of determining client eligibility, meeting a national objective, submittal of reports to the City of Chula Vista, and ensuring data accuracy, etc.).
13. Certifications: Signed Applicable Certifications.
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14. Performance Reports: Copies of Quarter 1 and Quarter 2 reports, if you currently receive CDBG funds or ESG from the City of Chula Vista.
15. Tax Submission: A copy of the most recent tax submission. ( i.e., IRS Form 990).
16. Evidence of Insurance: A copy of the active Certificate of Insurance with the minimum requirements as stated in the Subrecipient Agreement.
17. Disclosure Form: A fully executed City of Chula Vista Disclosure Form. If the 990 Tax Return has not been completed by the time of the open Application Period, applicant can submit a copy of their extension form.
A mandatory Application Orientation/ Technical Assistance workshop is held for all prospective applicants each year. The purpose of the workshop is to explain any program changes, the allocation process and to answer any questions relating to funding requirements, criteria and priorities. Housing Staff presents and answers questions on program guidelines, applicant and activity eligibility requirements, the National Objectives for the programs, local objectives and priority activities in the City’s five-year Consolidated Plan, and application requirements.
Housing staff reviews the applications after submission to ensure that the applications are complete, and that the applicant and proposed program qualify for funding under U.S. Department of Housing and Urban Development regulations, as well as meet the City’s five- year Consolidated Plan.
Original applications of agencies awarded CDBG funds are retained for use in preparation of contracts and files.
In addition to the funding priorities established through the Consolidated Plan, the City developed a rating system to assist in prioritizing and selecting grant recipients under the public services category.
The funding methodology classifies each of the activities in the following three categories:
Tier I: Basic/ Essential Needs (Food, Housing, Emergency Services) Tier II: Special Needs (At-Risk Youth, Family Violence, Special Needs/ Disabled) Tier III: Other (General)
After rating each applicant, the Committee deliberates on funding recommendations. In years when CDBG entitlement amount is not known, an estimated amount will be used. The amount of funds awarded may be adjusted as per the Council-approved contingency plan. This plan is utilized when the CDBG entitlement differs from the estimate. The plan ensures the City does not exceed the fifteen percent public services cap.
D. ASSISTANCE TO APPLICANTS
E. REVIEW OF APPLICATIONS BY STAFF
F. RANKING OF APPLICATIONS
G. FUNDING RECOMMENDATIONS
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Responsibility for the appropriation of the CDBG, HOME and ESG funds rests with the City Council; however, HUD regulations require a certain level of public participation. Public participation is accomplished through a series of public hearings and opportunities for public comment on the annual Action Plan prior to the submission of the plan to HUD. The City shall follow its Citizen Participation Plan as set forth in the Consolidated Plan and Action Plan.
1. The City Council shall hold a public hearing in March at which Housing staff shall present its funding recommendations to the City Council and the draft Action Plan. Applicants as well as other members of the public will have the opportunity to address the Council according to established procedures for public hearings. The hearing will be announced at least seven business days in advance. The City shall follow guidelines from the U.S. Department of Justice concerning implementation of Executive Order 13166 Improving Access to Services for Persons with Limited English Proficiency ( which may be accessed at:
http:// www.lep.gov/ 13166/ eo13166. html)
2. The City Council shall take action to accept, modify or reject the recommendations at this public hearing.
Before disbursing any CDBG funds to a subrecipient, the City of Chula Vista shall sign a written agreement with the subrecipient. The agreement shall remain in effect during any period that the subrecipient has control over CDBG funds, including program income.
All contracts and MOUs are reviewed annually by the City Attorney. Signatory authority for the City is at the level of the Housing and Homeless Services Director/ Deputy City Manager, attested to by the City Clerk and approved as to form by the City Attorney. Insurance provisions included in the contract are reviewed and approved by the City’s Risk Manager.
At a minimum, the written agreement with the subrecipient shall include provisions concerning the following:
1. Statement of work: The agreement shall include a description of the work to be performed, a schedule for completing the work, and a budget. These items shall be in sufficient detail to provide a sound basis for the City of Chula Vista to effectively monitor performance under the agreement.
2. Records and reports: The City of Chula Vista shall specify in the agreement the particular records the subrecipient must maintain and the particular reports the subrecipient must submit in order to assist the City of Chula Vista are in meeting its recordkeeping and reporting requirements.
H. PUBLIC PARTICIPATION AND CITY COUNCIL ACTION
XV. AGREEMENTS WITH SUBRECIPIENTS (§ 570.503)
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3. Program income: The agreement shall include the program income requirements set forth in 570.504(c).
4. Uniform administrative requirements: The agreement shall require the subrecipient to comply with applicable uniform administrative requirements, as described in §570.502.
5. Other program requirements: The agreement shall require the subrecipient to carry out each activity in compliance with all Federal laws and regulations described in subpart K of the regulations, except that:
6. The subrecipient does not assume the City of Chula Vista' s environmental responsibilities described at §570.604; and
7. The subrecipient does not assume the City of Chula Vista' s responsibility for initiating the review process under the provisions of 24 CFR part 52.
a. Suspension and termination: The agreement shall specify that, in accordance with 24 CFR 85.43, suspension or termination may occur if the subrecipient materially fails to comply with any term of the award, and that the award may be terminated for convenience in accordance with 24 CFR 85.44.
b. Reversion of assets: The agreement shall specify that upon its expiration the subrecipient shall transfer to the City of Chula Vista any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. It shall also include provisions designed to ensure that any real property under the subrecipient' s control that was acquired or improved in whole or in part with CDBG funds (including CDBG funds provided to the subrecipient in the form of a loan) in excess of $25,000 is either: Used to meet one of the national objectives in 570.208 ( formerly § 570.901) until five years after expiration of the agreement, or for such longer period of time as determined to be appropriate by the City of Chula Vista; or Not used in accordance with paragraph ( 7)(i) of this section, in which event the subrecipient shall pay to the City of Chula Vista an amount equal to the current market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for the acquisition of, or improvement to, the property. The payment is program income to the City of Chula Vista.
This subpart sets forth certain additional program requirements which are determined to be applicable to CDBG grants provided as a matter of administrative discretion. The Community XVI. OTHER PROGRAM REQUIREMENTS ( SUBPART K)
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Development Programs Staff shall incorporate the following additional program requirements as per § 570.600 through § 570.614 as applicable.
The City as a recipient of federal grant funds shall ensure that subrecipients comply with Title VI of the Civil Rights Act of 1964 (prohibiting race, color, and national origin discrimination including language access for limited English proficient persons), Section 504 of the Rehabilitation Act of 1973 prohibiting disability discrimination), Title IX of the Education Amendments of 1972 (prohibiting sex discrimination in education and training programs), the Age Discrimination Act of 1975 (prohibiting age discrimination in the provision of services), and a variety of program- specific statutes with nondiscrimination requirements.
Programs may target particular groups for services without violating guidelines regarding equal access to services, so long as any member of the particular group – e.g., any senior for a senior services program, any school-age child for a neighborhood- based afterschool program – is able to participate in the program.
The City shall ensure that provisions of Executive Order No. 11246 of September 24, 1965, as amended, regarding Equal Employment Opportunity are carried out on all CDBG, HOME and ESG funded projects or activities, and that subrecipients agree to and abide by federal (FHEO) and state CA DFEH) fair housing and equal opportunity requirements for non-discrimination with regard to access to services or housing provided by a subrecipient.
The City will further ensure that provisions of Executive Order 13166, " Improving Access to Services by Persons with Limited English Proficiency,” are carried out by subrecipients to improve access to CPD programs and activities by eligible persons with limited English proficiency (LEP).
Environmental Review is the examination of a project relative to the National Environmental Policy Act of 1969 (NEPA) and its related laws. NEPA was established to ensure environmental protection for federally funded projects.
Community Development Block Grant (CDBG) funded projects are subject to the provisions of NEPA 24 USC 432-14347] and the HUD regulations implementing NEPA [ 24 CFR Part 58]. Recipients of CDBG funds are required to complete an environmental review prior to receiving environmental clearance from the City of Chula Vista Housing Division. The type of project a recipient is completing will determine the level of environmental review and the necessary documentation that will be required.
For every environmental review, three basic steps must be followed in order to correctly XVII. NON -DISCRIMINATION - FAIR HOUSING AND
EQUAL OPPORTUNITY (§ 570.601)
XVIII. ENVIRONMENTAL REVIEW ( 24 CFR PART 58, § 570.605 570.604)
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complete the review. These steps include Activity Review; Determination of Level of Review; and Documentation.
1. Activity Review: The recipient should evaluate the entire scope of the project and include all funding sources that may be used in conjunction with the project. Defining the project should include determining all integrally related activities designed to accomplish a specific objective.
For housing projects this could include down payment and closing cost assistance, land acquisition, rehabilitation, new construction, infrastructure development, demolition, and any other appropriate activity that would be necessary to complete the CDBG funded project. Other CDBG projects could include public works, wastewater , planning, new streets, sidewalks, and any other CDBG eligible activity as determined by the Housing Division, pursuant to HUD Regulations.
2. Determination of Level of Review: The Housing Division will determine which level of environmental review is appropriate for the project in order to correctly complete the necessary documentation for the project. A Determination of Level of Review Form must be completed which provides a complete description of the project and the level of environmental review that will be completed.
3. Documentation: The appropriate Environmental Review Packet and other necessary information required to fully document the environmental review must be included in each of the activity files. The Activity Review and the determination of level of review will help determine the documentation required. Figure 2 below describes the environmental review process for CDBG, HOME and ESG funded activities.
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FIGURE 2: CHULA VISTA ENVIRONMENTAL REVIEW PROCESS
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The City shall follow its Citizen Participation Plan and Guidelines for Substantial Amendments as set forth in the Consolidated Plan and annual Action Plans. Any changes to this plan shall be approved by the City Council. The City shall hold public hearings at least two times per year and encourage public participation during preparation of the five-year Consolidated Plan for Housing and Community Development, the annual Action Plan and the Consolidated Annual Performance Evaluation Report CAPER). The City will comply with Executive Order 13166 of August 11, 2000, Improving Access to Services by Persons with Limited English Proficiency, in all citizen participation activities. Refer to XX for the City of Chula Vista’s Citizen Participation Plan.
The City and all subrecipients shall adhere to Section 109 of the Act which requires that no person in the United States shall on the grounds of race, color, national origin, religion, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance made available pursuant to the Act. Section 109 also directs that the prohibitions against discrimination on the basis of age under the Age Discrimination Act and the prohibitions against discrimination on the basis of disability under Section 504 shall apply to programs or activities receiving Federal financial assistance under Title I programs.
Whenever CDBG funds in excess of $2,000 are allocated for construction projects, the subrecipient and any contractor( s) shall abide by requirements of Davis Bacon and Related Acts ( DBRA) for prevailing wages and of Section 3 economic opportunities for low and very low- income persons.
The City shall provide appropriate guidance to both subrecipient and contractor regarding DBRA requirements, including wage determinations, and Section 3 requirements as applicable to all CDBGfunded projects.
This plan was written in accordance to Section 104(d) of the Housing and Community Development Act of 1974, as amended. Its objective is to insure that persons displaced as a result of Community Development Block Grant ( CDBG) and HOME Investment Partnership Program ( HOME) assisted projects receive the benefits they are entitled to as mandated by federal laws.
XIX. CITIZEN PARTICIPATION
XX. SECTION 109 – PROHIBITIONS AGAINST DISCRIMINATION
570.602 )
XXI. LABOR REQUIREMENTS (§ 570.603)
XXII. RESIDENTIAL ANTI -DISPLACEMENT AND
RELOCATION ASSISTANCE PLAN (§570.606)
A. PURPOSE:
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1. Minimizing Permanent displacement: The City of Chula Vista (“ City”) will minimize displacement of families and individuals from their homes and neighborhoods as a result of activities assisted with funds provided under the HOME Investment Partnerships and Community Development Block Grant programs. The City will replace all occupied and vacant occupiable lower income housing demolished or converted to a use other than lower income housing under the Housing and Community Development Act of 1974, as amended. Lower income housing is defined here as housing with a market rent (including utility costs) that does not exceed the San Diego regional Fair Market Rent ( FMR), as determined and revised each year by the U.S. Department of Housing and Urban Development ( HUD) for the Section 8 program.
2. All replacement housing will be provided within three years after commencement of the demolition or conversion. Before entering into a contract committing the City to provide funds for a project that will directly result in demolition or conversion, the City will make public, through a Notice of Availability that references a project description available at the City Housing and Homeless Services Department, and submit to HUD the following information in writing:
a. Description of proposed assisted project;
b. Address, number of bedrooms and map of location of lower income housing that will be lost as result of the project;
c. Time schedule for start and completion of demolition or conversion; d. To the extent known, address, number of bedrooms and map of location of replacement housing that has been or will be provided;
e. Source of funding and time schedule for provision of replacement housing; f. Basis for concluding replacement housing will remain lower income housing for at least 10 years from date of initial occupancy; and
g. Information demonstrating that any proposed replacement of housing units that are different in size from those units lost, is appropriate and consistent with housing needs and priorities identified in the approved Consolidated Plan. To the extent that the specific location of the replacement housing and other data are not available at the time of the submission, the City will identify the general location of such housing on a map and complete the disclosure and submission as soon as data are available.
The City of Chula Vista Housing and Homeless Services Department ( 619-691-5047) is responsible for tracking the replacement of lower income housing and ensuring that it is provided within the required period. Relocation payments and other relocation assistance, to any lower income person displaced by the demolition or conversion of lower income housing to another use, will be provided by the recipient of HOME or CDBG funds for the assisted project . No waiver for relocation assistance will be accepted.
B. POLICY
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1. Temporary Relocation: The following policies cover residential tenants who will not be required to move permanently but who must relocate temporarily for the development.
Such tenants must at a minimum be provided:
a. Reimbursement for all reasonable out of pocket expenses incurred in connection with the temporary relocation, including the cost of moving to and from the temporary occupied housing and any increase in monthly rent/ utility costs at such housing. b. Appropriate advisory services, including reasonable advanced written notice of i. the date and approximate duration of the temporary relocation; ii. the address of the suitable, decent, safe, and sanitary dwelling to be made available for the temporary period;
iii. the terms and conditions under which the tenant may lease and occupy a suitable, decent, safe, and sanitary dwelling in the building/ complex upon completion of the project; and the provisions in the Notice of Non-displacement in which persons who are not to be displaced must be provided a notice explaining the reasonable terms and conditions under which they may lease and occupy the property upon the completion of the acquisition or rehabilitation. It is important that this notice be provided as soon as possible.
In addition, agencies must offer all residential displaced persons transportation to temporary replacement housing.
2. Step to minimize displacement: Consistent with the goals and objectives of activities assisted under the HOME and CDBG programs, the City, at a minimum, will take the following steps to minimize direct and indirect displacement of persons from their homes:
a. Stage rehabilitation of apartment units, where possible, to allow tenants to remain in the building/ complex during and after rehabilitation, working with empty units first; b. Arrange for facilities to house persons who must be relocated temporarily during rehabilitation;
c. Arrange for acceptable replacement units;
d. Arrange for appropriate advisory services at the levels described in 49 CFR part 24, including advanced written notice of date and approximate duration of temporary relocation, location of suitable, decent, safe, and sanitary dwelling to be made available for the temporary period. The terms and conditions under which a tenant may lease and occupy a suitable, decent, safe, and sanitary dwelling in the building/ complex upon completion of the project. In addition, agencies must offer all residential displaced persons transportation to temporary replacement housing; and e. Adopt an appeals process for those persons who disagree with the determination concerning whether they qualify as a displaced person, or the amount of relocation assistance for which they may be eligible, including the opportunity to file a written appeal of that determination with the City. A low- income person who is dissatisfied with the City’s determination of his or her appeal may submit a written request for review of that determination to the HUD field office.
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In accordance with the requirements of Title II of the Americans with Disabilities Act of 1990 ADA”)/ Section 504 Rehabilitation Act (“ Section 504”), the City of Chula Vista(“ City”) shall abide by HUD regulations in Section 504, HUD’ s implementation of the American with Disabilities Act, to ensure that no qualified individual with a disability should, only by reason of his or her disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving CDBG funds. The City shall include monitoring for Section 504 compliance as part of the annual monitoring of CDBG subrecipients. Monitoring shall include inspection of facilities in which CDBG-funded programs are offered to ensure that the facilities are accessible to persons with disabilities.
The City will not discriminate against qualified individuals with disabilities on the basis of disability in its services, programs, or activities.
Employment: The City does not discriminate on the basis of disability in its hiring or employment practices and complies with all regulations promulgated by the U.S. Equal Employment Opportunity Commission under Title I of the ADA.
Effective Communication: The City will generally, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities so they can participate equally in the City programs, services, and activities, including qualified sign language interpreters, and other ways of making information and communications accessible to people who have speech, hearing, or vision impairments.
Modifications to Policies and Procedures: The City will make all reasonable modifications to policies and programs to ensure that individuals with disabilities have an equal opportunity to enjoy all of its programs, services, and activities. For example, individuals with service animals are welcomed in the City offices, even where pets are generally prohibited.
Individuals who require special accommodation to access, attend and/ or participate in a City meeting, activity or service may request such accommodation. Please contact the City Clerk’ s Office for assistance at (619) 691-5041. Service for the hearing impaired is available at 711 ( TDD). Requests should be made at least 48 hours in advance for meetings, and 5 days for scheduled services and activities.
The ADA does not require the City to take any action that would fundamentally alter the nature of its programs or services or impose an undue financial or administrative burden.
Complaints that a program, services, or activity of the City is not accessible to a person with XXIII. ADA REQUIREMENTS
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disabilities should be directed to the following 504 Coordinator:
City of Chula Vista ADA Coordinator:
Tiffany Allen, Assistant City Manager
Direct Line: (619) 691-5179; (TTY) 711
TAllen@chulavistaca. gov
The City of Chula Vista will not place a surcharge on a particular individual with a disability or any group of individuals with disabilities to cover the cost of providing auxiliary aids/ services reasonable modifications of policy.
The City provides reimbursement payments to sub-recipients based on verification of expenditures by submission of a request for payment form with all required back-up documentation. The City will not request CDBG funds in advance or as “ float” funds from the U.S. Treasury. The payment request is reviewed upon submission and approved by a Grant Administrator and the Principal Management Analyst. The payment request is then forwarded to the City Finance Department to issue and mail the check to the subrecipients.
Final payments to subrecipients will be made only upon submission of final program reports that document the achievement of program goals and satisfactory completion of the CDBG- funded activity.
On a monthly basis, the Grant Administrator reviews the grant expenditures shown in the City's accounting system (MUNIS). The Grant Administrator initiates the drawdown process by preparing a Draw Proposal based on actual expenses ( Figure 2 below). The Grant Administrator provides the proposal to the Finance Accounting Technician for review. Upon approval, the proposal is returned to the Grant Administrator for processing in HUD’ s Integrated Disbursement Information Systems ( IDIS).
The Draw Voucher is then forwarded back to the Finance Department for entry into the City's accounting system after receipt of funds from the U.S. Treasury.
XXIV. FINANCIAL MANAGEMENT
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FIGURE 3: SAMPLE DRAW PROPOSAL
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The City developed a tracking system which captures and reconciles the City and HUD’ s financial data MUNIS and IDIS). This system was designed to closely monitor expenditures and drawdowns. The tracking system is used to generate the drawdown voucher proposals and track the City’s Planning/ Administration and Public Services expenditures to ensure compliance with the mandated spending caps. (Figures 1 and 2 provide a sample of the City’s tracking system).
FIGURE 4: EXPENDITURE/ DRAW TRACKING
FIGURE 5: SAMPLE EXPENDITURE CAP TRACKING
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Figure 4 below illustrates the lines of responsibility of departments/ individuals involved in approving or recording financing transactions. It should be noted that within each function below, there are several layers of review in each of the corresponding departments.
FIGURE 6: FISCAL MANAGEMENT PROCESS
Subrecipients will be monitored by Housing staff or through contractors to ensure program compliance.
Staff will utilize both “ Desk Monitoring” and “ Internal/ On-site” monitoring to assess the quality of program performance over the duration of the contract.
Monitoring provides information for making informed judgments about program effectiveness and management efficiency, as well as identifies internal weaknesses that may contribute to fraud or abuse.
The procedures established are to ensure program compliance with the requirements of Subpart O and all other applicable laws and regulations.
Monitoring of subrecipients shall concentrate on program, financial, and regulatory performance of the subrecipients, including subrecipients of capital improvement project funds. Primary monitoring objectives are to make sure that subrecipients comply with all regulations governing administrative, financial, and programmatic operations.
In conducting monitoring and performance reviews, Housing staff will primarily rely on information obtained from the subrecipient' s performance reports, records, audits, allowed costs, review of financial reports, eligibility and number of beneficiaries served, compliance with federal regulations and City program requirements. Staff may also consider relevant information pertaining to a recipient' s performance gained from other sources, including litigation, citizen comments, and other information provided by or concerning the subrecipient. Within three months of contract execution, City staff shall develop and implement a monitoring schedule to visit all new subrecipients. Previously funded subrecipients shall be monitored once every other year. Monitoring visits shall include review of compliance by funded agencies and organizations of federal EEO and Section 504 ADA requirements. The City shall include its XXV. PERFORMANCE REVIEWS ( SUBPART O) - MONITORING OF
SUBRECIPIENTS
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monitoring program in the annual Action Plan . A record of monitoring visits and any subsequent action shall be maintained in the files of each CDBG subrecipient.
A subrecipient' s failure to perform under the terms of the contract with the City of Chula Vista and/ or maintain records in the prescribed manner may result in a finding that the subrecipient has failed to meet the applicable requirement to which the contract with the subrecipient pertains. If Housing staff finds that a recipient has failed to comply with program and/ or contract requirements or has failed to meet a performance criterion, staff will take the following steps:
1. Issue a letter of warning advising the recipient of the deficiency and putting the recipient on notice that additional action will be taken if the deficiency is not corrected or is repeated;
2. Recommend, or request the recipient to submit, proposals for corrective actions, including the correction or removal of the causes of the deficiency.
City staff will offer technical assistance to subrecipients when monitoring indicates less than complete compliance with CDBG regulations or contract requirements. Such assistance may include, but is not limited to, providing applicable copies of Office of Management and Budget ( OMB) circulars. On December 26, 2013, the Office of Management and Budget ( OMB) published ( at 78 Federal Register 78590; https:// federalregister. gov/ a/ 2013-30465) final guidance on the above subject, which is codified at 2 CFR part 200. OMB and the Federal award making agencies published a joint interim final rule implementing the final guidance as requirements for recipients of Federal financial assistance on December 19, 2014 ( at 79 Federal Register 75871; https:// www.federalregister. gov/ articles/ 2014/ 12/ 19/ 2014- 28697/ federal- awarding-agencyregulatory-implementation- of-office-of-management- andbudgets- uniform).
OMB also made technical corrections to part 200.
If the subrecipient fails to undertake appropriate corrective or remedial actions which resolve the deficiency to the satisfaction of Housing Staff, the Staff may take one or more of the following actions. Such actions shall be designed to prevent a continuation of the performance deficiency; mitigate, to the extent possible, the adverse effects or consequences of the deficiency; and prevent a recurrence of the deficiency. Prior to a reduction, withdrawal, or adjustment of a grant or other appropriate action, taken pursuant to (1), (2), or (3) below, the recipient shall be notified of such proposed action and given an opportunity within a prescribed time period for an informal consultation.
These actions may include but are not limited to the following:
1. Advise the subrecipient in writing that additional assurances are required;
2. Advise the subrecipient to suspend disbursement of funds for the deficient activity;
3. Advise the subrecipient to reimburse the City of Chula Vista program account in any amounts improperly expended.
XXVI. CORRECTIVE AND REMEDIAL ACTIONS (§ 570.910)
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The City of Chula Vista shall have the same rights as the Secretary of HUD as to other remedies for noncompliance per § 570.912 and § 570.913.
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MEMORANDUM OF UNDERSTANDING
FOR USE OF CDBG FUNDS
BETWEEN
CITY OF CHULA VISTA
DEPARTMENT OF HOUSING AND HOMELESS SERVICES
AND
DEPARTMENT OF «Organization_Name»
This Memorandum of Understanding (MOU) is entered into this 1 st day of July, 2026 between the
Department of Housing and Homeless Services (The Housing Department) and the Department of «Organization_Name» to work together toward the mutual goal of developing and improving the community facilities, infrastructure in the City of Chula Vista by completing the «Application_Title».
The Housing Department is the Grantee administrator for the City of Chula Vista’s federal Community Development Block Grant (CDBG) program funds. The City Council allocated CDBG program fundsfor a City project as described in “Work to be Performed” (the Project). This Grant is made pursuant to Title I of the Housing and Community Development Act of 1974 (41 U.S.C. 5301-5320) as amended, the primary objective of which is the development of viable urban communities by providing federal assistance for community development activities in urban areas.
This MOU will establish the working parameters for the Project activities to be accomplished with the CDBG funds. This CDBG funded activity has been incorporated into the City’s Annual Action Plan which was submitted and accepted by the U.S. Department of Housing and Urban Development (HUD). The Action Plan requires «Organization_Name» and all its subrecipients and contractors to meet certain obligations and certifications to the federal government, including environmental review, antidiscrimination, wage requirements and timely expenditure of funds. This Project will be implemented compliant with CDBG regulations and related federal laws.
IT IS AGREED AS FOLLOWS:
WORK TO BE PERFORMED: «Organization_Name» will implement the Project described as follows:
[ENTER PROJECT DESCRIPTION HERE]. The Project will use «Final_Funding_Amount» of CDBG funds from FY 2025-2026, further detailed in Attachment “A” - Budget.
PERFORMANCE MEASUREMENT A total of «Number_to_Serve» residents, residing along the [STREET NAME], 00.00% of which are low/moderate income (further detailed below) and Attachment “A.” TIMELY COMPLETION AND EXPENDITURE: Timely completion of the Project is the highest priority of this agreement. To ensure timely completion and expenditures, «Organization_Name» will demonstrate reasonable progress in implementation of a Project by completing and expending allocated CDBG Project funds by June 30, 2027, further detailed in Attachment “A” – Project Time Schedule.
QUARTERLY REPORTS: In order to more closely monitor Project completion and expenditures, the [Department] Project Manager will provide the Housing Department Project Manager with quarterly
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reports, submitted no later than 15 days after the last day of the previous quarter, which includes a narrative of the activities, and/or progress towards meeting the timeline goals. Reporting due dates are October 15, January 15, April 15, and July 15.
PROJECT REVIEW CONFERENCE: In the event that quarterly reports indicate funds will not be expended by June 30, 2027, or within the agreed upon schedule, «Organization_Name» will notify of the completion deficiencies and [Department] will have 45 calendar days to provide its plan for meeting time and expenditure agreements. Failure to correct the deficiency within 45 calendar days will require the Housing Department to schedule a Project Review Conference.
Upon failure to develop a plan for meeting completion and expenditure requirements, the Housing Department Director will schedule a Project Review Conference. Either or both Directors may assign a designee to represent their respective department during a Project Review Conference. The Project Review Conference will serve to identify reasons for delayed performance and weaknesses in the project implementation plan. Based on the Project Review Conference discussions, both the Housing Department and [Department] will generate a remedial plan that may include but is not limited to redesign of the Project, amendments to the Housing Department the Project, extending the term of the Project, or re-allocation of the funds to an alternate Project.
CDBG PROGRAMMATIC REQUIREMENTS: Project will be implemented in accordance with Community Development Block Grant requirements as well as all other additional Federal Requirements detailed below, and all bid documents shall contain the following clauses:
1. Equal Employment Opportunity—All contracts shall contain a provision requiring compliance with E.O. 11246, “Equal Employment Opportunity,” as amended by E.O. 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and as supplemented by regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”
2. Copeland “Anti-Kickback” Act (18 U.S.C. 874 and 40 U.S.C. 276c)—All contracts and subgrants in excess of $2000 for construction or repair awarded by recipients and subrecipients shall include a provision for compliance with the Copeland “Anti-Kickback” Act (18 U.S.C. 874), as supplemented by Department of Labor regulations (29 CFR part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. The recipient shall report all suspected or reported violations to HUD.
3. Davis-Bacon Act, as amended (40 U.S.C. 276a to a-7)—When required by Federal program legislation, all construction contracts awarded by the recipients and subrecipients of more than $2,000 shall include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 276a to a-7) and as supplemented by Department of Labor regulations (29 CFR part 5, “Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction”).
Under this Act, contractors shall be required to pay wages to laborers and mechanics at a rate not less than the minimum wages specified in a wage determination made by the Secretary of
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Labor. In addition, contractors shall be required to pay wages not less than once a week. The recipient shall place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation and the award of a contract shall be conditioned upon the acceptance of the wage determination. The recipient shall report all suspected or reported violations to HUD.
4. Contract Work Hours and Safety Standards Act (40 U.S.C. 327 through 333)—Where applicable, all contracts awarded by recipients in excess of $2,000 for construction contracts and in excess of $2,500 for other contracts that involve the employment of mechanics or laborers shall include a provision for compliance with Sections 102 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327–333), as supplemented by Department of Labor regulations (29 CFR part 5). Under Section 102 of the Act, each contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard workweek of 40 hours. Work in excess of the standard workweek is permissible provided that the worker is compensated at a rate of not less than 1 1/2 times the basic rate of pay for all hours worked in excess of 40 hours in the workweek. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.
5. Rights to Inventions Made Under a Contract or Agreement— Contracts or agreements for the performance of experimental, developmental, or research work shall provide for the rights of the Federal Government and the recipient in any resulting invention in accordance with 37 CFR part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by HUD.
6. Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), as amended—Contracts and subgrants of amounts in excess of $100,000 shall contain a provision that requires the recipient to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 et seq.). Violations shall be reported to HUD and the Regional Office of the Environmental Protection Agency (EPA).
7. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)— Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient.
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8. Debarment and Suspension (E.O.s 12549 and 12689)—No contract shall be made to parties listed on the General Services Administration's List of Parties Excluded from Federal Procurement or Non-procurement Programs in accordance with E.O.s 12549 and 12689, “Debarment and Suspension,” as set forth at 24 CFR part 24. This list contains the names of parties debarred, suspended, or otherwise excluded by agencies, and contractors declared ineligible under statutory or regulatory authority other than E.O. 12549. Contractors with awards that exceed the small purchase threshold shall provide the required certification regarding its exclusion status and that of its principal employees.
9. Drug-Free Workplace Requirements—The Drug-Free Workplace Act of 1988 (42 U.S.C. 701) requires grantees (including individuals) of federal agencies, as a prior condition of being awarded a grant, to certify that they will provide drug-free workplaces. Each potential recipient must certify that it will comply with drug-free workplace requirements in accordance with the Act and with HUD's rules at 24 CFR part 24, subpart F.
10. Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u. All section 3 covered contracts shall include the following clause (referred to as the “section 3 clause”):
a. The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3).
The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. b. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with part 135 regulations.
c. The Sub-recipient agrees to send to each labor organization or representative of workers with which the Sub-recipient has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the Subrecipient's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe section 3 preferences, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin.
d. The sub-recipient agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the sub-Sub-recipient is in violation of the regulations in 24 CFR part 135. The
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Sub-recipient will not subcontract with any sub-sub-recipient where the sub-recipient has notice or knowledge that the sub-sub-recipient has been found in violation of the regulations in 24 CFR part 135.
e. The Sub-recipient will certify that any vacant employment positions, including training positions, that are filled (1) after the Sub-recipient is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the Subrecipient's obligations under 24 CFR part 135. f. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts.
g. With respect to work performed in connection with section 3 covered Indian housing assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises.
Parties to this contract that are subject to the provisions of section 3 and section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b).
11. The Architectural Barriers Act of 1968 (42 U.S.C. § 4151, et seq.);
12. The Rehabilitation Act of 1973 (Public Law 93-112) as amended, including section 504 which related to nondiscrimination in federal programs and HUD regulations set forth in 24 CFR 8.
Section 504 of the Rehabilitation Act of 1973 prohibits discrimination against persons with disabilities in the operation of programs receiving federal financial assistance. HUD regulations implementing Section 504 contain accessibility requirements for new construction and rehabilitation of housing as well as requirements for ensuring that the programs themselves are operated in a manner that is accessible to and usable by persons with disabilities. Both individual units and the common areas of buildings must be accessible under Section 504. Section 504 states that "no qualified individuals with a disability in the United States shall be excluded from, denied the benefits of, or be subject to discrimination under" any program or activity that receives Federal financial assistance. Requirements common to these regulations include program accessibility; effective communication with people who have hearing or vision disabilities; and accessible new construction and alterations (See 24 CFR Part 8).
13. The Americans with Disabilities Act (42 U.S.C. § 12101);
14. The bonding requirements described in 24 CFR Part 85.36 required for construction or facility improvement contracts or subcontracts that exceed the simplified acquisition threshold (defined at 41 U.S.C. 403(11)); and
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15. Comply with and make good faith and reasonable efforts to carry out the purposes of Executive Orders 12432 and 11625 related to participation in federal programs by Minority Business Enterprises (“MBE”) and Executive Order 12138 related to participation in federal programs by Women’s Business Enterprises (“WBE”).
ACKNOWLEDGEMENT OF FUNDING: [Department] shall identify the City of Chula Vista and the Department of Housing and Urban Development (HUD) Community Development Block Grant Program as the source of funding, or, if applicable, one of the sources of funding in public announcements that are made regarding the Project. Acknowledgement of the City’s funding roles, for example, should be included in publicity materials related to the Project. In addition, the Housing Department agrees that it shall be informed of any special events linked to the Project so that a review can be made on what role, if any, the City and HUD would assume.
TERM: This MOU will commence when executed by both parties and shall remain in effect until terminated by either party with a 30-day written notice.
IN WITNESS WHEREOF, this Memorandum of Understanding is hereby executed on the day and the year first written above.
Department of [Department]
Date: _______________________________
By: _________________________________
[DEPARTMENT HEAD],
Director of [DEPARTMENT]
Director
Department of Housing and Homeless
Services
Date: _______________________________
By: _________________________________
Stacey Kurz,
Director of Housing and Homeless Services
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ATTACHMENT “A”
2026-2027 SCOPE OF WORK AND BUDGET
SUBRECEIPIENT AGREEMENT
BY AND BETWEEN THE CITY OF CHULA VISTA
AND
«ORGANIZATION_NAME»
CONTRACT NUMBER: «AGREEMENT_NUMBER»
HUD PROJECT ID: «IDIS_Activity_Number»
A. ACTIVITIES
1. General: «Organization_Name» hereinafter, “Subrecipient”) will be responsible for administering a Community Development Block Grant (CDBG) program (CFDA 14-218) entitled, «Application_Title» in a manner satisfactory to the Grantee and consistent with any standards required as a condition of providing these funds consistent with regulations governing Public Services [(§570.201(e)] which applies specifically to services rendered to «Presumed_Benefit» HUD Eligibility Matrix Code «Matrix_Code».
2. Program Delivery: The Subrecipient will carry out the following specific activities as part of the program:
a. Ensure that marketing material acknowledges the City of Chula Vista and the Department of Housing and Urban Development’s support;
b. Services to be provided are in compliance with the program Policies and Procedures Manual, attached hereto;
c. Additionally, the the program will provide the following outcomes:
Outcome 1
Outcome 2
Outcome 3
3. Income Benefit Goals: It is anticipated that approximately «Number_to_Serve» unduplicated «Presumed_Benefit» be served over the course of this 12 month Agreement. In addition to the required quarterly reports identified in Section 12 of this contract, the Subrecipient shall document all clients served to ensure that at least 51 percent of those served are at or below 80 percent of the Area Median Income as established by the U.S. Department of Housing and Urban Development (HUD). This information is to be collected and compiled at the end of each City of Chula Vista fiscal year (June 30th) for five (5) years and shall be submitted to the City of Chula Vista Housing Department upon receipt of a written request and at the time of any monitoring of project records.
B. NATIONAL OBJECTIVES: All activities funded with CDBG funds must meet one of the CDBG program’s National Objectives: benefit low- and moderate-income persons; aid in the prevention or elimination of slums or blight; or meet community development needs having a particular urgency, as defined in
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24 CFR 570.208. The Subrecipient certifies that the activity/activities carried out under this Agreement will meet the National Objective of benefitting «Number_to_Serve» «Presumed_Benefit».
C. PERFORMANCE MONITORING: The Grantee will monitor the performance of the Subrecipient against goals and performance standards as stated above. Substandard performance as determined by the Grantee will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by the Subrecipient within a reasonable period of time after being notified by the Grantee, suspension or termination procedures will be initiated.
D. ESTIMATED TIME SCHEDULE: SUBRECIPIENT will make all good faith and reasonable efforts to fulfill the project by June 30, 2027, or earlier.
E. BUDGET: SUBRECIPIENT shall make all good faith and reasonable efforts to complete the work under this contract within the following estimated budget. In no case shall SUBRECIPIENT be entitled to, nor shall City reimburse SUBRECIPIENT, more than «Final_Funding_Amount» to be budgeted as follows:
Budget Line Item Amount
$
$
$
Total $
City of Chula Vista - City Council
May 19, 2026 Post City Council/Housing Authority/Successor Agency Agenda 2026-2027 CDBG Agreement
CONTRACT
FOR
MANAGEMENT AND IMPLEMENTATION
OF A
COMMUNITY DEVELOPMENT BLOCK GRANT PROJECT
2026-2027
This contract, numbered [Number], is entered into by and between {Organization Name] (“Sub-recipient”) and the City of Chula Vista (“City”) on July 1, 2026, (“Effective Date”) for the purpose of having Sub-recipient implement and perform work on the 2026-2027 [Project Name] as set forth herein and in the incorporated documents and attachments.
RECITALS
WHEREAS, there has been enacted into law the Housing and Community Development Act of 1974 (the “Act”), Title I, Part 24, Section 570, Public Law 93-383, 88 Stat. 633, 42 U.S.C 5301-5321 with the primary objective of development of viable urban communities by providing federal assistance for community development activities in urban areas through the Community Development Block Grant Program (Catalog of Federal Domestic Assistance Number 14.218);
WHEREAS, the City, is authorized to apply for and accept Community Development Block Grant funds; WHEREAS, City incorporated the Sub-recipient’s proposal for the project described in the Scope (hereinafter referred to as the “Project”) into the City’s Community Development Block Grant/HOME Investment Partnership/Emergency Shelter Grant Annual Funding Plan which was submitted to the U.S. Department of Housing and Urban Development (HUD);
WHEREAS, HUD has approved the City Annual Funding Plan for Community Development Block Grant funds; WHEREAS, it is the desire of the Sub-recipient and the City that the Project be implemented by the Sub-recipient; WHEREAS, the Sub-recipient shall undertake the same obligations to the City with respect to the Project in the City’s aforesaid Annual Funding Plan for participation in the Community Development Block Grant program; and WHEREAS, Sub-recipient warrants and represents that it is experienced and staffed in a manner such that it is and can deliver the services required of Sub-recipient to City within the time frames herein provided all in accordance with the terms and conditions of this Agreement.
NOW, THEREFORE, BE IT RESOLVED that the City and Sub-recipient do hereby mutually agree as follows:
All of the Recitals above are hereby incorporated into this Agreement.
City of Chula Vista - City Council
May 19, 2026 Post City Council/Housing Authority/Successor Agency Agenda 2026-2027 CDBG Agreement
ARTICLE I. SUB-RECIPIENT OBLIGATIONS
A. General.
1. Work to be Performed. Sub-recipient shall implement the scope of work (“Scope of Work”) described in Attachment B, hereof fully and in accordance with the terms of the Annual Funding Plan approved by the City and submitted to HUD in the City’s application for funds to carry out the Project and the Certifications which were submitted concurrently with the Annual Funding Plan. The Annual Funding Plan and Certifications form is hereby incorporated by reference into this contract fully as if set forth herein. Sub-recipient shall also undertake the same obligations to the City that the City has undertaken to HUD pursuant to said Annual Funding Plan and Certifications. The obligations undertaken by Subrecipient include, but are not limited to, the obligation to, as applicable, comply with each of the following as may be amended from time to time:
a. The Housing and Community Development Act of 1974 (Public Law 93-383, as amended, 42 USC § 5301, et seq.);
b. HUD regulations relating to Community Development Block Grants (24 CFR 570.1, et seq.); c. The regulations in 24 CFR Part 58 specifying other provisions of the law that further the purposes of the National Environmental Policy Act of 1969 and the procedures by which grantees must fulfill their environmental responsibilities; d. Title VI of the Civil Rights Act of 1964 (42 USC § 2000d); Title VII of the Civil Rights Act of 1964 (Public Law 88-352); Title VIII of the Civil Rights Act of 1968 (Fair Housing Act, 42 USC § 3601, et seq.); Section 109 of the Housing and Community Development Act of 1974; Executive Order 11246, as amended (equal employment opportunity); Executive Order 11063 (nondiscrimination), as amended by Executive Order 12259; and any HUD regulations heretofore issued or to be issued to implement these authorities relating to civil rights; e. Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u.
All section 3 covered contracts shall include the following clause (referred to as the “section 3 clause”):
i. The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low and very low-income persons, particularly persons who are recipients of HUD assistance for housing. HUD develops income limits based on Median Family Income estimates and Fair Market Rent area definitions for each metropolitan area, parts of some metropolitan areas, and each non-metropolitan county. Refer to Attachment “A” – 2022 Area Median Income Limits.
ii. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations.
City of Chula Vista - City Council
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iii. The Sub-recipient agrees to send to each labor organization or representative of workers with which the Sub-recipient has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the Sub-recipient's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin.
iv. The Sub-recipient agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the sub-Sub-recipient is in violation of the regulations in 24 CFR part 135.
The Sub-recipient will not subcontract with any sub-Sub-recipient where the Subrecipient has notice or knowledge that the sub Sub-recipient has been found in violation of the regulations in 24 CFR part 135.
v. The Sub-recipient will certify that any vacant employment positions, including training positions, that are filled (1) after the Sub-recipient is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the Sub-recipient's obligations under 24 CFR part 135.
vi. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts.
vii. With respect to work performed in connection with section 3 covered Indian housing assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of section 3 and section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b).
f. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1979, 42 USC § 4601, et seq., and regulations adopted to implement that Act in 49 CFR Part 24; g. Cost principles have been established for State, Local and Indian Tribal Governments through 2CFR, Part 225 (OMB Circular A-87). This part provides a uniform approach for determining costs and to promote effective program delivery, efficiency, and better relationships between governmental units and the Federal Government. The principles are for determining allowable costs only. They are not intended to identify the circumstances or to dictate the extent of Federal and governmental unit participation in the financing of a particular Federal award.
Provision for profit or other increment above cost is outside the scope of this part;
City of Chula Vista - City Council
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h. Additional cost principles have been established for non-profits through 2 CFR part 200, subpart E, entitled “Cost Principles for Non-Profit Organizations”; 2 CFR part 230 entitled “Cost Principles for Non-Profit Organizations” (Circular A–122); and 2 CFR Part 225 entitled “Cost Principles for State, Local, and Indian Tribal Governments” (OMB Circular A–87); This part establishes principles for determining costs of grants, contracts and other agreements with non-profit organizations. The principles are designed to provide that the Federal Government bear its fair share of costs except where restricted or prohibited by law. The principles do not attempt to prescribe the extent of cost sharing or matching on grants, contracts, or other agreements. However, such cost sharing or matching shall not be accomplished through arbitrary limitations on individual cost elements by Federal agencies; i. Grant administration requirements as described in 24 CFR 570.504, which requires Subrecipient to return any program income earned by Sub-recipient in carrying out the activities of this Contract to the City. Upon expiration of this Contract, Sub-recipient shall transfer to the City any Community Development Block Grant funds on hand at the time of expiration and any accounts receivable attributable to the use of Community Development Block Grant funds. Any real property under Sub-recipient’s control acquired or improved in whole or in part with Community Development Block Grant funds in excess of $25,000 will either be:
i. Used to meet one of the CDBG National Objectives, as defined in 24 CFR 570.208, and outlined by HUD until five years after expiration of the contract; or ii. Disposed of in a manner that results in the City being reimbursed in the amount of the current fair market value of the property less any portion of the value attributable to expenditures of non-Community Development Block Grant funds for acquisition of, or improvement to, the property. Reimbursement is not required after the five-year period pursuant to 24 CFR 570.505.
Program income on hand at the time of closeout and subsequently received shall continue to be subject to all applicable Community Development Block grant Program eligibility requirements, 24 CFR 570.489, and provisions of this Contract; j. 24 CFR 570.505 concerning use of real property;
k. The following laws and regulations relating to preservation of historic places: National Historic Preservation Act of 1966 (Public Law 89-665); the Historical and Archaeological Preservation Act of 1974 (Public Law 93-291); and Executive Order 11593; l. The Labor Standards Regulations set forth in 24 CFR 570.603; m. Labor Code section 1771 and/or Davis Bacon concerning prevailing wages as applicable; n. The Hatch Act relating to the conduct of political activities (5 U.S.C. § 1501, et seq.); o. The Flood Disaster Protection Act of 1973 (42 U.S.C. § 4001, et seq., and the implementing regulations in 44 CFR Parts 59-78);
p. The Rehabilitation Act of 1973 (Public Law 93-112) as amended, including Section 504 which relates to nondiscrimination in federal programs and HUD 24 CFR Part 8;
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q. The Clean Air Act (42 U.S.C. § 7401, et seq.) and the Federal Water Pollution Control Act, as amended (33 U.S.C. § 1251, et seq.) and the regulations adopted pursuant thereto (40 CFR Part 6);
r. The Drug-Free Workplace Act of 1988 (Public Law 100-690); s. The Lead-Based Paint Poisoning Prevention Act, the Residential Lead-Based Paint Hazard Reduction Act of 1992, and implementing regulations at 24 CFR Part 35; t. No member, officer or employee of the Sub-recipient, or its designee or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during his/her tenure or for one year thereafter, shall have any interest, direct, or indirect, in any contract or subcontract, or the process thereof, for work to be performed in connection with the program assisted under the Grant, and that it shall incorporate, or cause to be incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purposes of this certification;
u. The Sub-recipient certifies, that in accordance with Section 319 of Public Law 101-121, to the best of their knowledge and belief that:
i. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative contract, and the extension, continuation, renewals, amendment, or modifications of any federal contract, grant loan, or cooperative contract.
ii. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, or an employee of a member of Congress in connection with this federal contract, grant, loan, or cooperative contract, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying”, in accordance with its instructions;
v. The Architectural Barriers Act of 1968 (42 U.S.C. § 4151, et seq.); w. The Rehabilitation Act of 1973 (Public Law 93-112) as amended, including section 504 which related to nondiscrimination in federal programs and HUD regulations set forth in 24 CFR 8.
Section 504 of the Rehabilitation Act of 1973 prohibits discrimination against persons with disabilities in the operation of programs receiving federal financial assistance. HUD regulations implementing Section 504 contain accessibility requirements for new construction and rehabilitation of housing as well as requirements for ensuring that the programs themselves are operated in a manner that is accessible to and usable by persons with disabilities. Both individual units and the common areas of buildings must be accessible under Section 504.
Section 504 states that "no qualified individuals with a disability in the United States shall be excluded from, denied the benefits of, or be subject to discrimination under" any program or activity that receives Federal financial assistance. Requirements common to these regulations
City of Chula Vista - City Council
May 19, 2026 Post City Council/Housing Authority/Successor Agency Agenda 2026-2027 CDBG Agreement
include program accessibility; effective communication with people who have hearing or vision disabilities; and accessible new construction and alterations (See 24 CFR Part 8); x. The Americans with Disabilities Act (42 U.S.C. § 12101); y. The bonding requirements described in 24 CFR Part 85.36 required for construction or facility improvement contracts or subcontracts that exceed the simplified acquisition threshold (defined at 41 U.S.C. 403(11)).
z. Prior to award of any contracts or subcontracts, City and Contractor shall verify that contractor or subcontractor is eligible according to the Federal EPLS and LEIE databases. Documentation of such eligibility shall be maintained in the project files; aa. Contractor shall comply with and make good faith and reasonable efforts to carry out the purposes of Executive Order 12166 relating to “Improving Access to Services by Persons with Limited English Proficiency (“LEP”);
bb. Grantee shall comply with Federal Funding Accountability and Transparency Act (FFAT) requirements established by the Office of Management and Budget (OMB) concerning the Dun and Bradstreet Data Universal Numbering System (DUNS), the Central Contractor Registration (CCR) database, and the Federal Funding Accountability and Transparency Act, including Appendix A to Part 25 of the Financial Assistance Use of Universal Identifier and Central Contractor Registration, 75 Fed. Reg.55671 (Sept. 14, 2010)(to be codified at 2 CFR part 25) and Appendix A to Part 170 of the Requirements for Federal Funding Accountability and Transparency Act Implementation, 75 Fed. Reg. 55663 (Sept. 14, 2010)(to be codified at 2 CFR part 170), including any subsequent amendments;
cc. Contractor shall comply with and make good faith and reasonable efforts to carry out the purposes of Executive Orders 12432 and 11625 related to participation in federal programs by Minority Business Enterprises (“MBE”) and Executive Order 12138 related to participation in federal programs by Women’s Business Enterprises (“WBE”); and dd. Sub-recipient shall hold City of Chula Vista, its elected or appointed officers, officials, employees, agents, and volunteers (collectively the “Indemnified Parties”) harmless and indemnify the Indemnified Parties against any harm that it may suffer with respect to HUD on account of any failure on the part of the Sub-recipient to comply with the requirements of any such obligation.
ee. Monthly, or more often, Subrecipient must, without condition, pay the salaries of architects, draftsmen, technical engineers and technicians performing work under this Contract. Such payments shall be made without deduction or rebate, excepting only such payroll deductions as are mandatory by law or permitted by applicable regulations issued by the Secretary of Labor pursuant to the "Anti-Kickback Act" of June 13, 1937 (18 U.S.C., Section 874). Subrecipient shall comply with all applicable "Anti-Kickback" regulations and shall insert appropriate provisions in all subcontracts covering work under this Contract to insure compliance by subcontractors with such regulations. Subrecipient shall be responsible for the submission of affidavits required of subcontractors under this Contract, except for such variations or exemptions as the Secretary of Labor may specifically allow.
ff. Subrecipient must comply with the provisions of the Contract Work Hours and Safety Standards Act (40 U.S.C.§§ 3201-3708) and must cooperate with Agency in implementing and enforcing
City of Chula Vista - City Council
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the provisions of such Act. Among other requirements of the act, Subrecipient must pay not less than one and one-half times the basic rate of pay for the work of Subrecipient's employee in excess of eight hours in one day or forty hours in one week in the performance of this Contract. Subrecipient must insert appropriate provisions in all subcontracts covering work under this Contract to insure compliance with such Act. Subrecipient must meet and cooperate with Agency's Labor Compliance officer to assure compliance with such Act. gg. If, in the performance of this Contract, there is any underpayment of salaries by Subrecipient or by any subcontractor, Agency must withhold from Subrecipient out of payments due to him any amount sufficient to pay employees underpaid the difference between the salaries required under this Contract to be paid and the salaries actually paid such employees for the total number of hours worked. The amounts withheld shall be disbursed by Agency for and on account of Subrecipient or subcontractor to the respective employees to whom they are due. hh. Claims and disputes pertaining to salary rates or to classification of architects, draftsmen, technical engineers and technicians performing work under this Contract must be promptly reported in writing by Subrecipient to Agency for the latter's decision which shall be final with respect thereto.
ii. No person employed on the work covered by this Contract shall be discharged or in any way discriminated against because he has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable to his employer under this Contract jj. The Subrecipient, shall, in the acquisition or improvement of real and personal property with funds provided under this Contract, be subject to all applicable provisions of the Federal Requirements.
1) Any real property under Subrecipient’s control which was acquired or improved in whole or in part with CDBG funds in excess of $25,000 must be either used to meet one of the national objectives in 24 CFR §570.208 for five years after the expiration or termination of this Contract, or disposed of in a manner that results in the Agency being reimbursed in the amount of the current fair market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property.
2) General property and procurement guidelines are contained in 24 CFR Part 570 and 2 CFR Part 200. In all cases in which personal property is sold, the proceeds shall be transferred to Agency for the CDBG program or shall be Program Income, and, personal property not needed by the Subrecipient shall be transferred to Agency for the CDBG program or shall be retained by Subrecipient after compensating the Agency. 3) Real property shall be acquired in accordance with Title III, Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (at 24 CFR Part 42). kk. Travel costs may include expenses for transportation, lodging and subsistence and are only allowable for employees who are in travel status on official business and approved as part of this contract or with prior written approval and are specifically related to this contract. Costs must be considered reasonable and do not exceed charges allowed by contractor’s Out of Town Travel Policy. See 2 CFR §200.474 for additional information on travel costs and www.shra.org for the Out of Town Travel Policy.
City of Chula Vista - City Council
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The costs of entertainment, including amusement, diversion, and social activities and any associated costs are unallowable, except where specific costs that might otherwise be considered entertainment have a programmatic purpose and are authorized either in the approved budget for the Federal award or with prior written approval. All entertainment costs must comply with 2 CFR §200.438. In addition, the costs of alcoholic beverages are not allowed under §200.423
ll. The Sub-recipient shall administer the Community Development Block Grant funds in accordance with all applicable immigration restrictions and requirements, including the eligibility and verification requirements that apply under title IV of Personal Responsibility and Work Opportunity Reconciliation Act of 1996, as amended (8 USC 1601-0646) (PRWORA) and any applicable requirements that HUD, the Attorney General, or the U.S. Citizenship and Immigration Services may establish from time to time to comply with PRWORA, Executive Order 14218, or other Executive Orders or immigration laws. Sub-recipient shall use SAVE, or an equivalent verification system approved by the Federal government, to prevent any Federal public benefit from being provided to an ineligible alien who entered the United States illegally or is otherwise unlawfully present in the United States. mm. If the project that is the subject of the Agreement receives more than $250,000 of federal financial assistance ("Covered Project"), Subrecipient shall, to the greatest extent practicable, cause all designers, construction managers, third-party inspection services, and contractors to comply with the Build America, Buy America Act ("BABAA") requirements under Title IX of the Infrastructure Investment and Jobs Act ("IIJA"), Public Law 177-58. Absent a waiver, all iron, steel, manufactured products, and construction materials used on a Covered Project must be produced in the United States, as further outlined by the Office of Management and Budget's Memorandum M-22-11, Initial Implementation Guidance on Application of Buy America Preference in Federal Financial Assistance Programs for Infrastructure, April 18, 2022.
This requirement shall be included in all subawards including all contracts and purchase orders for work or products on Covered Projects. For the purposes of this requirement, “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.
For Covered Projects, the description of services for designers, construction managers, and third-party inspection services shall include the following provisions (or similar):
i. Opinions of total project costs and revisions thereof should reflect compliance with BABAA requirements.
ii. Determine and certify that to the best of Contractor’s knowledge and belief, all iron and steel products, manufactured products, and construction materials referenced in any technical analysis/report; the plans, specifications, and bidding documents; any bid addenda; and change orders comply with all federal requirements, including BABAA. iii. Review and approve or take action with respect to confirmation of BABAA compliance, shop drawings, samples, and other required Contractor submittals, including applications for payment.
iv. Review and document delivered products and materials including substitutes and “or equals” for conformity with contract conditions, U.S. Department of Housing and Urban
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Development regulations, and BABAA requirements.
v. Obtain, review and confirm manufacturers’ and contractors’ certifications on compliance with BABAA requirements and maintain copies of certifications in project files. Any issues of concerns related to compliance with BABAA should be immediately brought to the attention of the City.
B. Compliance with Laws. Sub-recipient shall comply with all applicable federal, state, and local laws, regulations, and ordinances when doing the work required by this Contract. Sub-recipient shall require subcontractors to similarly comply with all applicable federal, state, and local laws, regulations, and ordinances when doing the work required by this Contract.
C. Insurance. Sub-recipient agrees to comply with the insurance requirements as set forth below:
1. General. Sub-recipient must procure and maintain, during the period of performance of this contract, and for twelve (12) months after completion, policies of insurance from insurance companies to protect against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work under the contract and the results of that work by the Contractor, its agents, representatives, employees, volunteers, or subcontractors and provide documentation of same prior to commencement of work.
2. Minimum Scope of Insurance. Coverage must be at least as broad as:
(a) CGL. Insurance Services Office Commercial General Liability coverage (occurrence Form CG0001).
(b) Auto. Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code 1 (any auto).
(c) WC. Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance.
(d) E&O. Professional Liability or Errors & Omissions Liability insurance appropriate to the Consultant’s profession. Architects’ and Engineers’ coverage is to be endorsed to include contractual liability.
3. Minimum Limits of Insurance. Sub-recipient must maintain limits no less than those included in the table below:
i. General Liability: (Including
operations, products and
completed operations, as
applicable)
$1,000,000 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 project/location or the general aggregate limit must be twice the required occurrence limit.
ii. Automobile Liability: $1,000,000 per accident for bodily injury, including death, and property damage.
iii. Workers’ Compensation
Employer’s Liability:
Statutory
$1,000,000 each accident
$1,000,000 disease-policy limit
$1,000,000 disease-each employee
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iv. Professional Liability or
Errors & Omissions Liability:
$1,000,000 each occurrence
4. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either the insurer will reduce or eliminate such deductibles or self-insured retentions as they pertain to the Indemnified Parties; or the Sub-recipient will provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses.
5. Other Insurance Provisions. The general liability, automobile liability, and where appropriate, the worker’s compensation policies are to contain, or be endorsed to contain, the following provisions:
(a) Additional Insureds. The Indemnified Parties are to be named as additional insureds with respect all policies of insurance, including those with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Contractor, where applicable, and, with respect to liability arising out of work or operations performed by or on behalf of the Contractor, including providing materials, parts or equipment furnished in connection with such work or operations. The general liability additional insured coverage must be provided in the form of an endorsement to the Contractor’s insurance using ISO CG 2010 (11/85) or its equivalent. Specifically, the endorsement must not exclude Products/Completed Operations coverage. (b) Primary Insurance. The Contractor’s General Liability insurance coverage must be primary insurance as it pertains to the Indemnified Parties. Any insurance or self-insurance maintained by the Indemnified Parties is wholly separate from the insurance of the Sub-recipient and in no way relieves the Sub-recipient from its responsibility to provide insurance. (c) Cancellation. The insurance policies required must be endorsed to state that coverage will not be canceled by either party, except after thirty (30) days’ prior written notice to the City by certified mail, return receipt requested. 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” shall be deleted from all certificates.
(d) Active Negligence. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insureds in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code. (e) Waiver of Subrogation. Sub-recipient insurer will provide a Waiver of Subrogation in favor of the City for each required policy providing coverage for the term required by this contract.
6. Claims Forms. If General Liability, Pollution and/or Asbestos Pollution Liability and/or Errors & Omissions coverage are written on a claims-made form:
(a) Retro Date. The “Retro Date” must be shown, and must be before the date of the contract or the beginning of the contract work.
(b) Maintenance and Evidence. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract work. (c) Cancellation. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a “Retro Date” prior to the contract effective date, the SubPage 751 of 1576 City of Chula Vista - City Council
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